TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
November 24, 1997

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:32 PM by Council President Craig
A. Amerigian. The following members were present:
David E. Dolce, Vice President
William H. Murphy
Fred F. Pease
Ellicott Wright

Also present were:
Frances H. Shocket, Town Administrator
Theresa C. Donovan, CMC, Town Clerk
Arthur J. Christman, Fire Chief
J. Christopher Powell, Conservation Commission Chair
Quentin Anthony, Esq., Town Solicitor

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1)   Public hearing on renewal application:
Council President Amerigian opened the hearing at 7:33 PM.
     No one present asked to be heard on any of the applications.
     Motion by Council President Amerigian, seconded by Councilor Dolce to
approve the following license renewal, contingent upon resolution of debts
which were submitted in time for this hearing, and the resolution of
taxes, which is statutory:

CLASS A

East Ferry Liquors, Inc.     
dba East Ferry Liquors    
9 Ferry Wharf

So unanimously voted.

2)   Public hearing on transfer application:
Motion by Councilor Dolce, seconded by Councilor Wright to approve the
following license transfer, contingent upon resolution of debts which were
submitted in time for this hearing, and the resolution of taxes, which is
statutory:

CLASS A

  East Ferry Liquors, Inc.         TO       Jamestown Liquors, Inc.
  dba East Ferry Liquors                 dba Jamestown Liquors   
  9 Ferry Wharf                    9 Ferry Wharf

So unanimously voted.
3)   Public hearing on new application:
Motion by Councilor Murphy, seconded by Councilor Dolce to approve the
following new license, contingent upon the satisfactory transfer of the
license from East Ferry Liquors, Inc.:

CLASS A

Jamestown Liquors, Inc.
dba Jamestown Liquors
9 Ferry Wharf

So unanimously voted. The hearing was declared closed at 7:38 PM.

CONSENT AGENDA

Motion by Councilor Dolce, seconded by Councilor Pease to approve the
consent agenda, with the exception of item #5.
     So unanimously voted. The amended consent agenda consisted of:
1)   Adoption of Council minutes
  a) 11/03/97 (Fort Wetherill work session)
  b) 11/10/97 (regular meeting)
2)   Bills and payroll
3)   Copies of meeting minutes of Boards and Committees
  a) Jamestown Housing Authority (10/08/97)
  b) Library Board of Trustees (10/21/97)
4)   Attendance record from the Harbor Management Commission
6)   CRMC notice of finding of no significant impact: E. Douglas Couchon
to replace cement blocks in seawall, fill void in back of seawall and seed
and regrade drive (Plat 7, Lot 74; 36 East Shore Road)
7)   Copy of "Ethics Today" newsletter of the RI Ethics Commission-Fall
1997    
8)   Abatements/Addenda of taxes report of Tax Assessor submitted 11/21/97

5)   Notice of public hearing from the RI Rivers Council and the State
Planning Council re: draft Rivers Policy and Classifications Plan
(12/01/97): Motion by Council President Amerigian, seconded by Councilor
Murphy to accept item #5 and ask Mr. Powell to determine if Jamestown has
any waterways that might be affected and to and report back to the Town
Administrator. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

Council President Amerigian requested an executive session to discuss a
personnel matter.
     Motion by Councilor Wright, seconded by Councilor Pease to enter
executive session as scheduled to discuss personnel, in accordance with
RIGL 42-46-5(a)(1). So unanimously voted.

PUBLIC HEARINGS

1)   Extended operating hours victualing license renewals (continued from
11/10/97):

        APPLICANT               HOURS
        Kenyon Oil Company, Inc       24 hours daily
        dba Jamestown Xtra Mart
        35 Narragansett Avenue

Council President Amerigian opened the hearing at 7:47 PM.
     Richard A. Hines: This was discussed by previous Councils; during
past public hearings, there was strong support for 24 hours.
     Council President Amerigian: I do not think 24 hours is the direction
the people want the town to go in.
     There being no further requests to comment, the hearing was closed at
7:51 PM.
     Motion by Council President Amerigian, seconded by Councilor Dolce to
deny the request for extension of hours between 2:00 AM and 4:00 AM.
     Chief Christman: I favor 24 hours.
     Councilor Murphy: I am concerned that adequate notification was given
(advertised in the Newport Daily News in accordance with State law).
     Councilor Wright: I am willing to allow the extension, as long as we
could revoke it with cause.
     The Solicitor cautioned against selective readvertisement.
     Robert Keough: I think 24 hours would benefit police officers,
firefighters, fishermen and commuters; others have spoken in favor at past
hearings; I do not think would be drawing off islanders.
     The motion failed by a vote of 2 in favor, Councilors Murphy, Pease
and Wright opposed. Motion by Councilor Pease, seconded by Councilor
Wright to grant the 2 hour victualing extension, as long as it does not
prove to be problematic, and that the license will be reexamined in one
year. So voted by 3 in favor, Councilors Amerigian and Dolce opposed.

OPEN FORUM

1)   Scheduled Requests to Address
a)   Donald Armington, Chair, Harbor Management Commission re: budget
(will arrive late; asked to be heard under Reports)

b)   Edwin Connelly re: Conanicut Battery restoration progress report: An
informational meeting was held on Veterans Day, November 11, followed by a
 formal meeting on November 15; we are linked with the Jamestown
Historical Society, resulting in the formation of the Friends of the
Conanicut Battery; the Historical Preservation Society is offering an
archeologist; the Planning Commission Chair says it looks like we would
qualify for a grant for historic military sites; many individuals are
volunteering; we need a Council representative; Dennis Webster is the
Chair of our planning committee.
     Motion by Councilor Murphy, seconded by Councilor Pease that
Councilors Murphy and Wright serve as liaisons. So unanimously voted.

2)   Non-Agenda Requests to Address:
Andrea Brayman: I have a communication on the agenda, in case Council has
any questions.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

(Betty Hubbard, Planning Commission Chair and Donald T. Armington, Harbor
Management Commission Chair arrived at this point; 8:29 PM.)
1)   Town Administrator's report (attached hereto)
Additionally:
Water Tower Painting: The Board of Water and Sewer Commissioners can
borrow 6 months worth of revenue from the municipal budget to cover the
expense; we would need enabling legislation to borrow more than that from
the municipal budget, or raise the rates.
     Motion by Councilor Dolce, seconded by Councilor Wright to direct the
Solicitor to prepare legislation which would amend the enabling
legislation to allow the Board of Water and Sewer Commissioners to borrow
money from the Town of Jamestown.
     Motion by Councilor Murphy, seconded by Councilor Amerigian to amend
the motion to include repayment of the loan at the prime interest rate.
     Amendment so unanimously voted. Main motion, as amended, so
unanimously voted. Motion by Councilor Pease, seconded by Councilor Wright
to approve the expenditure of $129,182.57 for painting the water tower. So
unanimously voted.

Motion by Councilor Murphy, seconded by Councilor Wright to approve the
erection of holiday lighting by the Jamestown Rotary Club on Narragansett
Avenue, in accordance with utility company regulations.
     So unanimously voted.

Joan Dupee: The Administrator is  to provide copies of Lieutenant Balzer's
report to Ms. Dupee. Motion by Councilor Wright, seconded by Councilor
Murphy to ask the Solicitor to come up with recommendations for the next
Council meeting (December 8) regarding riparian definition and rights.
     So unanimously voted. Mr. Powell: The legal definition of mean high
water in the salt marsh is determined by the line of demarcation of grass
types; property ownership can go out to the center of the creek, but
public access is tied to the mean high water mark.
     Ms. Dupee: My lawyer said it is where the land meets the water; RIDEM
recognizes even they cannot walk on it without my permission.

Council President Amerigian: With regrets, I announce Ms. Shocket's
resignation as of December 12; on behalf of this and prior Councils, I
express our thanks for her service during the last 5 years; she is
responsible for a lot of accomplishments and improvements to our Town
government, and her expertise will be greatly missed. Motion by Council
President Amerigian, seconded by Councilor Murphy to establish a Town
Administrator Search Committee, and to advertise for 1  board/committee
representative and 2 community representatives for said committee, with
responses due on December 12 for consideration during the December 15
Water and Sewer Commissioners meeting.
     So unanimously voted. Motion by Councilor Dolce, seconded by
Councilor Murphy to advertise all  3 positions in December 11 edition of
the Jamestown Press.
     So unanimously voted. Motion by Councilor Pease, seconded by
Councilor Murphy to ask Mary Anne Crawford, Finance Director,  if she
would accept the position of temporary administrator, with the possibility
of temporary assistance in the finance department.
     So unanimously voted. Council President Amerigian: I spoke to her and
she is willing to take this on.
     Motion by Councilor Murphy, seconded by Councilor Dolce that Council
President Amerigian serve on the search committee.
     So unanimously voted. Motion by Councilor Murphy, seconded by Council
President Amerigian that Councilor Pease also serve on the committee.
     So unanimously voted. Motion by Councilor Murphy, seconded by Council
President Amerigian that, if Ms. Crawford accepts the appointment, that
she be paid at the present rate for Town Administrator  and be allowed the
use of the municipal vehicle.
     Sally Walsh: Is it customary for a temporary employee to be paid the
as same as the current employee? Councilor Dolce: We are asking Ms.
Crawford  serve in both positions, Finance Director and Interim Town
Administrator.
     Motion so unanimously voted. Steven McInnis, Esq.: I served on the
Town Council  4 of Ms. Shocket's 5 years; she ha done an absolutely
stellar job as Town Administrator; it is a difficult job dealing with
department heads, unions, and night meetings, but she never complained;
she never did anything but give it her all; this is a terrible loss; I
consider her a friend and colleague and feel she cannot ever be truly
replaced. Motion by Councilor Dolce, seconded by Council President
Amerigian to accept the resignation with regrets.
     So voted by 4 in favor, Councilor Pease opposed.

Rights of Way: Councilor Murphy: We will need a legal definition; CRMC is
claiming properties not on people's deeds.
     Solicitor: That would probably be prohibitively expensive; CRMC
provisions address the rights of property owners.

2)   Library Board of Trustees: Motion by Councilor Wright, seconded by
Councilor Murphy that the Clerk request from the Chair a statement of the
length of time each of the three currents members has been on board and
their attendance record for the next meeting. So unanimously voted.

3)   Memorandum from the Planning Commission re: Comprehensive Plan
Survey: Ms. Hubbard: We dropped bed and breakfasts and accessory
apartments; some others have been altered; we wanted Council to see how we
are progressing.

4)   Groundwater Quality Study Committee
  a) Letter from Chair re: completion of committee's charge
  b) Letter of resignation from David B. Butterfield
Motion by Councilor Wright, seconded by Councilor Murphy to send a letter
of thanks to the committee for their efforts, final report and
recommendations, and advise them that we will call upon them in the future
if needed, and establish a charge accordingly at that time.
     So unanimously voted. Motion by Councilor Murphy, seconded by Council
President Amerigian to accept Mr. Butterfield's resignation with thanks.
So unanimously voted.

5)   Jamestown Housing Authority: Motion by Councilor Pease, seconded by
Council President Amerigian to advertise one vacancy.
     So unanimously voted.

6)   Letter from Arthur J. Christman, Chief, Jamestown Fire Department re:
Council tour: Council consensus: Tentatively scheduled for January 14,
1998; will confirm at next meeting.

7)   Memorandum from the Harbor Management Commission (HMC) to the
Administrator re: proposed meeting: Motion by Councior Murphy, seconded by
Councilor Pease to meet in a work session with the HMC at 7:30 PM on
December 3 at a location to be announced or, if not feasible, at 7:30 PM
at the Town Hall on December 10.
     So unanimously voted. Mr. Armington will poll the HMC members for
their availability on December 3 and check the library for meeting room
availability.

8)   Memorandum from the Harbor Management Commission re: application of
William Geib to conduct commercial aquaculture: Mr. Armington: The CRMC
hearing is tomorrow night; if approved, this will be the largest in the
state; we are still working with the applicant regarding additional buoys
and signage; Council President Amerigian and I will attend, as well as the
Harbor Master and a member of the Planning Commission.
     Concerns expressed: The land based effect and an unspecified plan for
how many aquaculture enterprises there will be and where they will be
located.

UNFINISHED BUSINESS

1)   Proposed moped rental ordinance (continued from 10/27): Solicitor:
Newport has no specific ordinance; it is only addressed in the zoning
ordinance; our ordinance deals with the rental of vehicles, allowing same
in the CL and CD zones.
     Ms. Hubbard: Although it might serve the boating community, I
personally would support legislating against rentals.
     Mr. Allphin: Don't forget the rental of personal water craft.
Solicitor: We would need to go to the general assembly to obtain specific
authority.
     Motion by Councilor Pease, seconded by Council President Amerigian
that the Solicitor draft a resolution for the general assembly based upon
Block Island's for Council consideration to include mopeds and personal
water craft. So voted by 4 in favor, Councilor Murphy opposed.

2)   Proposed local real estate conveyance tax (continued from 10/27): Mr.
Powell: (distributed packet of information to Council members) I suggest
establishing a "Conanicut Island Land Bank"; I will develop a proposed
strategy and time table for the December 22 Council meeting.
     Motion by Councilor Wright, seconded by Councilor Dolce to place this
on the December 22 agenda. So unanimously voted.

3)   Water tower painting/financing (continued from 11/17 Water and Sewer
Commissioners' meeting) (previously addressed)

4)   Conanicut Yacht Club's request for treated effluent irrigation
(reconfiguration of golf course hole) (continued from 11/17 Water and
Sewer Commissioners' meeting): Motion by Council President Amerigian,
seconded by Councilor Murphy to put effluent irrigation on the December 22
agenda.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Pease that Ms. Shocket contact Joseph Mistowski and ask for
his summary of what is involved with accommodating the reconfiguration of
the hole that would result from the loss of the Conanicut Yacht Club's
land. So unanimously voted.

5)   ISO rating: Ms. Shocket and Chief Christman indicated this was
settled; Ms. Shocket will check to see if we are still on notice and will
report December 22.

6)   RIDEM April 24 letter notice of intent to enforce 05/27 - Corrective
Action Plan submitted: Ms. Shocket: This is ongoing; we are waiting for a
report from the company we hired.

7)   Quattrocchi water hook-up issue: Mr. Anthony: This is not ready yet.

8)   Recycling and recovery plan: Ms. Shocket: I will investigate and
report back December 22.

9)   Cole Street property: Solicitor: The owner said he would clean it up
by Labor Day; he did some mowing and cleaning; that is about all we can
legally do; I will write a follow up letter.
     Chief Christman: This and the  Walcott Avenue property are fire
hazards.
     Motion by Council President Amerigian, seconded by Councilor Wright
that the Solicitor write a letter to the owner of the Cole Street
property. So unanimously voted.

10)  Right of way blocked on Green Lane, front of Moll's garage, etc.: Ms.
Shocket: I will ask the Building/Zoning Official to look at the fence on
Green Lane; the police are on notice to tag vehicles parked on the
sidewalk at Moll's garage.

11)  Telephone poles in water shed: Ms. Shocket: Nynex is prepared to move
them to the transfer station; the poles must be available to them at any
given time.

12)  Conanicut Yacht Club lease re: golf course (previously addressed)

13)  Tree plantings at East Passage Estates: Ms. Shocket: The Association
had asked for plantings at the North Main Road entrance, but is  now in
dispute with one private property owner; the Town's interest is resolved.
14)  Children sign (Mount Hope Avenue): Ms. Shocket: Police Chief Tighe
said he will handle this.

15)  Car right of way (Mount Hope Avenue): Ms. Shocket: I understand it
has been removed.

COMMUNICATIONS

1)   Joan L. Dupee re: trespassing: Motion by Council President Amerigian,
seconded by Councilor Murphy to accept the communication.
     So unanimously voted.

2)   John H. West re: property dispute: Ms. Shocket: Paul Martellino, Esq.
will be meeting with Council on December 8.

3)   Spencer W. Potter re: proposed marine facility at Fort Wetherill:
Motion by Councilor Wright, seconded by Councilor Murphy to accept the
communication. So unanimously voted.

4)   Andrea Brayman, Race Director, Annual St.
     Daddy's Day 5K road race (03/15/98): Motion by Councilor Murphy,
seconded by Councilor Wright to approve the request. So unanimously voted.

NEW BUSINESS

1)   Victualing license renewal applications:
Motion by Councilor Murphy, seconded by Councilor Pease to approve all of
the following renewal applications, subject to resolution of taxes and
debts and obtaining the signatures of all appropriate local officials:

  Applicant
Bay Voyage
Chopmist Charlie's
Cove Grill
 fka Snack Shack
Freddie Bing's Hotdog Thing  
House of Pizza
Jamestown Oyster Bar
Page's
Schoolhouse Cafe
Slice of Heaven
Theatre Family Restaurant

So unanimously voted. Mary Webster: The garbage station on the east side
of the Bay Voyage is  located partially on the sidewalk on Bay View Drive;
the privacy fence is on the west side; garbage is on the ground and then
blown across the road and onto the beach, including glass bottles; I
request that they be alerted to the problem.
     Councilor Dolce: That should be reported at the time of occurrence to
the Building Official.
     Councilor Murphy asked Ms. Shocket to find out who polices health
issues locally.

2)   Miscellaneous license renewal applications:
Motion by Councilor Pease, seconded by Councilor Dolce to approve the
following license renewal application, subject to resolution of taxes and
debts and obtaining the signatures of all appropriate local officials:

Applicant              Type
Chopmist Charlie's           Entertainment

So unanimously voted.

Motion by Councilor Wright, seconded by Councilor Dolce to approve the
renewal of the following license for the Pemberton Avenue location only,
subject to resolution of taxes and debts and obtaining the signatures of
all appropriate local officials, and to waive the fee:

Applicant              Type
Jamestown Senior Citizens Assn., Inc.*   Bingo

     *requests waiver of license fee

So unanimously voted.

3)   Damage claim from Mary E. Morrissey: Solicitor: This occurred on a
clearly private road, not a Town road.
     Motion by councilor Murphy, seconded by Council President Amerigian
that the Clerk write to Ms. Morrissey to inform her that  the damage
occurred on a private road. So unanimously voted.

Motion by Council President Amerigian, seconded by Councilor Murphy to
cancel the previously announced executive session. So unanimously voted.

ADJOURNMENT

There being no further business before Council, motion by Councilor
Wright, seconded by Councilor Pease to adjourn the meeting at 12:02 AM.
     So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk