TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
June 8, 1998

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library Conference Room, 26 North Road at 7:37 PM by
Council Vice President David E. Dolce.  The following members were
present:
William H. Murphy
Fred F. Pease
Ellicott Wright

Absent: President Craig A. Amerigian

Also present were:
Maryanne Crawford, CPA, Interim Town Administrator
Theresa C. Donovan, CMC, Town Clerk
Denise Jennings, Deputy Town Clerk
Steven J. Goslee, Public Works Director
Arthur J. Christman, Fire Chief
Donald T. Armington, Harbor Management Commission Chair
Betty Hubbard, Planning Commission Chair
Quentin Anthony, Esq., Town Solicitor
Senator M. Teresa Paiva-Weed

AWARDS, PRESENTATIONS AND ACKNOWLEDGEMENTS

1)   Letter of appreciation to William Munger, as former East Harbor
Riparian representative to the Harbor Management Commission
Motion by Councilor Pease, seconded by Councilor Murphy to send a letter
of appreciation to William Munger.  So unanimously voted.

2)   Town Administrator: Nomination of Town Clerk
Council Vice President Dolce: To be address under Town Administrator's
report.

3)   Proclamation honoring Jamestown Graduates Week (Week of June 14,
1998) 
Motion by Councilor Murphy, seconded by Councilor Wright to adopt the
proclamation as presented.  So unanimously voted.  Motion by Councilor
Murphy, seconded by Councilor Pease for Council President Amerigian to
sign on behalf of the Town Council.  So unanimously voted.  

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

Motion by Councilor Wright, seconded by Councilor Murphy to discuss item
1b) first.  So unanimously voted.

1b)  Transfer application:

CLASS B-VICTUALER

Midwest Electric, Inc.
dba Bay View Bar and Grille
53 Conanicus Avenue
Unit 1-R

TO

James J. Thompson
(dba pending)
53 Conanicus Avenue
Unit 1-R

i)   Request from John G. Coffey, Jr. Esq. representing Midwest Electric,
Inc. and Doreen A. McCann to withdraw application for transfer of liquor
license

Ms. McCann:  I am withdrawing my application for transfer of the liquor
license.
      I am also withdrawing transfer applications for Sunday Sales and
Victualing licenses.
      Mr. Thompson does not own the property.  I am also requesting that
the Council not consider the zone change as requested by Mr. Thompson.  
Motion by Councilor Dolce, seconded by Councilor Wright to accept the
letter of withdrawal.  So unanimously voted.

c)   New license application (considered only if item b) is granted):

CLASS B-VICTUALER

James J. Thompson
(dba pending)
53 Conanicus Avenue
Unit 1-R

Item b) withdrawn; no action taken.

1)   PUBLIC HEARING:

Hearing opened at 7:45 PM.
 
a)   Application to amend:

CLASS B-VICTUALER

Trattoria Simpatico, Inc.
dba Trattoria Simpatico 
13 Narragansett Avenue

i)   Memorandum from the Town Clerk re: outside service
  of alcohol
ii)  Communications
  a) Linda and Joe Martino
  b) W. Craig Armington
  c) W. Lincoln Mossop, Jr.

John A. Murphy, Esq.: I represent  Phyllis Bedard, owner of Trattoria
Simpatico for amendment to license as set forth in application filed with
the Town Clerk and as advertised.  (Mr. Murphy passed out a package of
exhibits.)  Ms. Bedard was sworn by the Town Clerk.   Gave the following
testimony:  Owned business since 1993; obtained BV-Limited license; asked
the Police Department about BYOB; BV-Limited was granted on condition of
Zoning Board approval.
      There was outside service when Pezzulli's had it.
      I  sought to have summer service area the same as Pezzulli.
      Renewals were granted annually by Council without problem.
       Each license noted Zoning Board decision.
      In 1994, I asked Council to upgrade to full B-Vicualer.
      The Solicitor said that I did not have to go back to the Zoning
Board, since I already had permission to serve outside.
      In August of 1994 B-Vicualer was granted.   Sometime after Labor Day
we resumed inside service only.
      I ran into problems with accidents with glassware and management
that I needed an outside station for better management and service.
       In the Summer 1995, I established an outside bar that took care of
the garden room and outside area, which was in plain view of anyone
passing by on Narragansett Avenue.
      I  renewed three subsequent years, while I maintained an outside
bar.   In 1997, I submitted application for renewal with a drawing noting
bar location and grill relocation.
      At that hearing in November 1997, the license was renewed.  Council
addressed with general comments to the audience that certain owners may
have zoning requirements to be met.
      I believed that included me.
      I engaged an architect (Mary Meagher) to help me plan for submission
to the Zoning Board of Review.
       I received a letter from the Building Inspector indicating there
was something I should clear up and he would meet with me if needed.  We
met and I applied to the Zoning Board; including parking requirements.
     in March 1998, had hearing; presented a more professionally done
drawing of premises and outside bar.
      I learned that Council had concerns about outside bar.
      I  asked Counsel and architect to respond.
      I  was then advised that I should submit an application to have
outside bar included in outside service.
      I took into account Council's objection,  that bottles were visible
from Narragansett Avenue.
      I moved bottles to below counter level, which I did on my own
without official action.
      I'm willing to continue that.
       I submitted application to reflect Zoning Board of Reviews decision
of March 1998; to amend license to reference that decision instead of 1993
license.
      I request that I be allowed to continue used of outside bar from
Memorial Day through Columbus Day, with voluntary modification putting
bottles below grade level with flowers, cash register and glassware on
top. (Mr. Murphy submitted indoor and outdoor menus as exhibits) Ms.
Bedard: Fine restaurant, with service of alcohol strictly secondary; local
clientele seeking a less formal menu.
     (Petition submitted as exhibit).
     Mr. Murphy: The business has successfully operated with valid
licenses with this bar in place, since 1995 without incident.
       Chief Tighe submitted a  letter indicating no problems.
     Are willing to continue with voluntary changes; all conditions of
Zoning Board of Review have been met.

Aram Dermanouelian, 556 East Shore Road: Fine, upscale restaurant; I
support.

Michael Westcott, 38 Bayberry Road: Community asset, visually appealing;
support as controlled.

Bennett Hirsch, 29 Hawthorne Road: Fine food, no disruption; strongly
support as a close neighbor.

Robert Vickers, 115 Seaside Drive: Single best improvement on Narragansett
Avenue I urge Board to support.

John Dennen, 88 Columbia Avenue: Tremendous job, good atmosphere, I
support.

Muriel Barclay de Tolley (Newport): Great restaurant brings a lot of
business to Jamestown; one of the most beautifully run establishments.

Doreen McCann, 53 Conanicus Avenue: She is careful and abides by all rules
and regulations.

Melody Drnach, 10 Union Street: Never any refuse left behind; proud to be
a neighbor; I support.

Pamela Carr, 6 Antham Street: I support.

Paul Sullivan, 30 Providence Avenue: I support.
      Good music; establishment a step up from others in Jamestown.

Steven Sherman, 5 Narragansett Avenue: Lot of families passing by stop by
to enjoy the music; no complaints;  I support.

Elizabeth Lane, 55 Grinnell Street: Gracious, open, friendly
establishment; support.

William Munger, 102 Cole Street: I support; upscale facility.

Sydney Waller, 7 Beavertail Road: I support now and at Zoning Board
hearing.

George Tournas, 10 Narragansett Avenue: Well run operation; no problems; I
support.

Marie Perrini (Newport): Hope we can do as nice a job as Phyllis has done.

Marilyn Heller, 80 Westwind Drive: Lovely restaurant; I support.

Deborah Swistak, 10 Lincoln Street: I support; can sit on my porch and
enjoy her music.

Carol Sears, 6 Antham Street: I support; wonderful and great asset.

John Brittain, 230 Conanicus Avenue: Five star restaurant; perfect job; I
support.
Richard Allphin, Zoning Board of Review member: I support application
since bottle visibility problem  has been solved; the issue before the
Zoning Board was number of seats versus parking; that was approved; but we
did not feel we could make any decision about an outside bar.

Paula Swistak, 30 Steamboat Street: Fantastic; I support.

Sandy Ryan, (address unknown): If the bar is not the issue, then why is it
there and is a focal point?  Councilor Dolce:  Two issues: seating which
was a Zoning issue, and service of alcohol which is an Alcoholic Beverage
Licensing Commission issue.
       Intent of previous Councils seem to be to limit the number of
licenses, and limit outside service activity to service bars.
     Clearly a fine restaurant; we need to be fair to all.
       If we grant it, does Jamestown think that is appropriate for every
license holder in town?   Councilor Murphy:  Each change a license holder
needs,  results in the applicant returning to the board for permission.
     Councilor Pease: Was it not necessary for abutter notification int eh
past?   Councilor Murphy: Law states notice is required for expansion of
premises; law has changed since the others were granted.  

Hearing declared closed at 8:26 PM.

Motion by Councilor Murphy, seconded by Councilor Dolce that the license
be amended  to reflect 1998 drawing.
      So unanimously voted.  Motion by Councilor Murphy, seconded by
Councilor Dolce to amend motion to add condition of approval shall be that
bottles of alcohol not be publicly displayed at the bar.
      So unanimously voted.  Main motion as amended, so unanimously voted.

CONSENT AGENDA

Councilor asked that items #1, 3a and 8 be removed from the consent
agenda.
      Motion by Councilor Dolce, seconded by Councilor Wright to approved
the consent agenda as amended.  So unanimously voted.  The amended consent
agenda consisted of:

2)   Bills and payroll
3)   Copies of minutes of boards and committees:  
  b) Zoning Board of Review (04/28/98)
  c) Quonset/Davisville Liaison Committee (05/19/98)
  d) Fort Wetherill Committee (05/16/98)
4)   Letter from the US Department of Commerce, Bureau of the Census re:
Local update of Census Addresses (LUCA) program
5)   Copy of resolution from Clean Water Action re: clean up of New
England's dirtiest power plants
6)   RICRMC notices
  a) Findings of no significant impact
     i) Boris Rotman to remove three existing trees near dwelling (Plat 1,
Lot 204; 1062 East Shore Road)
     ii)   Pickett M. Greig et al to repair porch , windows, decking,
reshingling, etc.  (Plat 8, Lot 264; 21 Bay View Drive)
  b) Assents
     i) William J. Geib to conduct commercial aquaculture operations off
the shores of Jamestown
     ii)   Conanicut Yacht Club to establish a marina perimeter limit
(Plat 8, Lot 267; 40 Bay View Drive)
     iii)  Robert S. Powers and Robin L. Main to construct a single family
dwelling with a private well serviced by Town sewers (Plat 8, Lot 664;
Westwind Drive

  c) Maintenance Certification: George B. and Patricia N. French to
construct maintenance repairs to an existing vertical, two tiered
concrete, seawall (Plat 9, Lot 328; 110 Racquet Road)
  d) Letter of Authorization for Experimental Aquaculture: Dr. Joseph
DeAlteris for bottom culture of two sizes of seed clams in Dutch Harbor
area of Narragansett Bay
7)   Letter from Newport Hospital re: endowment
***************
1)   Adoption of Council minutes: 05/26/98 (regular meeting)
Councilor Murphy: Page 4 re: Southwest Avenue, Charlie Hawkins from
Senator Chafee's office responded, not Hoxie.  Motion by Councilor Dolce,
seconded by Councilor Murphy to approve the minutes as amended.  So
unanimously voted.

3)   Copies of minutes of boards and committees:
a)   Harbor Management Commission (03/11/98 and 04/08/98)
Motion by Councilor Dolce, seconded by Councilor Murphy to accept.
      So unanimously voted.

8)   Abatements/Addenda of taxes report of Tax Assessor filed 06/05/98
Motion by Councilor Dolce, seconded by Councilor Pease to accept.
      Motion so voted, 3 in favor; Councilor Muprhy abstaining.

EXECUTIVE SESSION ANNOUNCEMENT

1)   Town Administrator search status, pursuant to RIGL
42-46-5(a)(1)(personnel)
Motion by Councilor Dolce, seconded by Councilor Wright to enter executive
session, pursuant to RIGL 42-46-5(a)(1)(personnel).
      So unanimously voted.  

Solicitor: Also request executive session regarding the minutes of the
last executive session.
      Motion by Councilor Dolce, seconded by Councilor Wright to enter
executive session to discuss minutes of last executive session.
      So unanimously voted.  

Motion by Councilor Dolce, seconded by Councilor Wright to enter executive
session to discuss Mackerel Cove Heights, pursuant to RIGL
42-46-5(a)(2)litigation.  So unanimously voted.

OPEN FORUM

1)   Scheduled Requests to Address
  a) Arthur J. Christman, Fire Chief re: new ladder truck
Mr. Christman: We are trying to get a new ladder truck and are seeking
Councils support.
      If there is a special Financial Meeting we would like to be on it.
      If not will be on next one.
      The prior Town Administrator gave her support.
      The debt was paid off the end of last year (copies of the titles
obtained, were submitted to the Town Administrator).
      When we get support to buy the ladder truck, we will go out to bid.
      I have a diligent crew.
      Capt. James Rezendes, Lt. Americo DePetrillo and Firefighter Joann
Mitchell are here to answer any questions that you may have.
      The current ladder truck is almost 30 years old and a
recertification inspection is scheduled.  Capt. Rezendes: The cost to
refurbish the truck is $195,000, not including refurbishing the ladder.
      With the ladder included it would be about $300,000.
      No dollar value because there are so many around.
      Chief Christman: Low bidder for new truck should take old truck,
unless we can find a buyer; new truck would fit in the building; any
structural modifications would be done in-house.
      Lt.
     DiPetrillo: It is costly annually to keep this truck in service;
company with license has gone out of business; some officers are reluctant
to serve on this truck.
      Councilor Wright: Suggest that you put your request for Council's
support in writing, supplying a ballpark estimate for your request,
stating your intentions.
  
  b) Fred C. Clarke, Jr. re: proposed legislation regarding mopeds and
personal water craft
Last October, I asked Council to consider an ordinance regulating rentals
of mopeds and personal water craft; there was good reception.
       In November, the Council asked the Solicitor to prepare resolution
for legislature.
     I'm asking for status report.
      Solicitor: I looked into it and corresponded with Council and
advised that enabling legislation would be necessary, based upon Block
Island's experience in federal court.
      Council decided not to move forward because Jamestown Was unlike
Block Island in that people come here in cars, as opposed to boat.
      Mr. Clarke: In the minutes of November meeting Councilor Pease,
seconded by Councilor Amerigian that the Solicitor draft legislation based
on Block Island with a 4-1 (Murphy opposed) vote.
      Councilor Pease: I recall that we felt it probably wouldn't pass.
      Mr. Clarke: I do not understand why you cannot draw up an ordinance;
it is consistent with long range plan.
      Solicitor: Block Island went through similar situation, in federal
court for 15 years.
      Mr. Clarke: They were trying to erase a problem that already
existed; I suggest this as prevention.
      Councilor Dolce: Do not feel likelihood is great.
      Councilor Murphy: Rental has already been tried and failed (Nick
Robertson).
      Steven McInnis: Is it possible to consider amending  the Zoning
Ordinance to prohibit rentals?  Motion by Councilor Pease, seconded by
Councilor Wright to ask the Solicitor to research possibility of zoning
amendment.  So unanimously voted.

2)   Non-Agenda Requests to Address
Motion by Councilor Pease, seconded by Councilor Wright to amend the
agenda to move up item #5 under communications to be discussed at this
time.  So unanimously voted.

5)   Edwin W. Connelly, Chair Friends of Conanicut Battery re: grant
Mr. Connelly: Poised to hire consultant to assist.  I supplied proposed
set of guidelines and vision statement; asking that you  review and revise
if needed.   Personal  service agreement approved by state and local
historical societies.
      Tentative figure to implement project = $60,000; first major source
of funding is the Champlin Foundation.
      The deadline for application is the end of this month.
     The consultant will give us a firm number, so we can finalize the
grant application.
      Motion by Councilor Murphy, seconded by Councilor Dolce to approve
vision as submitted and dated 06/03/98, and concept of guidance for the
consultant and scope of work.  So unanimously voted.

Vera St.
     Sauveur: Microphones are needed.  Council and some audience members
cannot be heard.

William Johnstone: On June 2 the Highway Department removed some materials
from in front of my property where I was planning to install my mailbox.
      Things like this have been going on for 15 years.
      I believe someone who was at a Zoning Board meeting has provoked
this.
      Police have been called numerous times and the situation is getting
violent.
      There has been ongoing problems with neighbor involving the Police
Department and the Highway Department.
      I am being deliberately harassed by the Town of Jamestown with
prejudice.
      Motion by Councilor Wright, seconded by Councilor Murphy to refer
this issue to the Town Administrator for a report.  So unanimously voted.
 
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto); additionally:
Meeting room facilities: Motion by Councilor Wright, seconded by Councilor
Pease to meet at the Jamestown Philomenian Library conference room at
least until September and reassess at that time.
      So unanimously voted.  Motion by Councilor Pease, seconded by
Councilor Dolce to ask the Town Administrator to approach the Library
Board of Trustees and ask for formal approval in concert with the Library
Director regarding conducting Council meetings at the Library.
      So unanimously voted.

Request from the Jamestown Soccer Association for extension of hours at
the pavilion.
     Motion by Councilor Wright, seconded by Councilor Pease deny the
request as recommenced by the Town Administrator.  So unanimously voted.

Appointment of Town Clerk: Motion by Councilor Wright, seconded by
Councilor Dolce to appoint Arlene Kalooski as Town Clerk as nominated by
the Town Administrator.  So unanimously voted.

2)   Town Solicitor re: status of pending legislation
Land bank: Jack Hubbard, (Conanicut Island Land Trust): Good presentation
to Senate subcommittee; South and North Kingstown's similar legislation
had been considered elite and that preceded ours.
       They seemed to support raising the mil rate.
      Contractors and realtors opposed.  We made some headway regarding
watershed protection.
     We should proceed by sending letters addressing their concerns and
offer to meed with them individually and should continue our efforts.
      Solicitor: Presented bill as health and safety measure.
      I  think we should rename the bill "act to protect Jamestown water
resources".
       We should refine and limit the types of land that could be
purchased as those that could protect water resources on the island.
      Senator Paiva-Weed: Name could be changed with permission of the
Corporations Committee Chair (not present at hearing), if Council
endorses; committee very impressed with presentation and handout.
      Solicitor: May be more support if the tax was split between the
buyer and seller equally.
      Motion by Councilor Pease, seconded by Councilor Wright to authorize
Solicitor and delegation to do what is necessary to change the name of the
bill as stated and change formula to split 2% equally between the buyer
and seller and change wording to reflect that the money will be used to
protect the water resources.
      So unanimously voted.  Senator Paiva-Weed: Group did a great job!

3)   Tax Assessment Board of Review (1 vacancy; if favorable order
advertised)
  a) Letter of support from Anne Maxwell Livingston, Chair re: Cliff
Largess (term ending 06/1998)
Motion by Councilor Wright, seconded by Pease to advertise the vacancy.
      So unanimously voted.
4)   Memorandum from the Harbor Management Commission re: Water
Transportation Infrastructure Development
Mr. Armington: Draft for Town to present application for grant; public
hearing at this point would be premature.
      Motion by Councilor Wright, seconded by Councilor Murphy to send
letter as drafted (dated 05/28/98) and authorize the Town Council
Vice-President to sign on behalf of the Council.  So unanimously voted.

5)   Letter from the Quonset/Davisville Liaison Committee re: Jamestown
representative on the newly created Stakeholders' Committee
Motion by Councilor Murphy, seconded by Pease to accept the communication.
      So unanimously voted.

6)   Town Clerk re: meeting room facilities
Town Clerk: Use of Town Sergeant is possible.
      Motion by Councilor Murphy, seconded by Councilor Wright to accept
the communication.  So unanimously voted.

UNFINISHED BUSINESS

1)   Narragansett Indian burial sites
  a) Recommendations from John Brown, III Chairman of the Narragansett
Indian Archaeological-Anthropological Committee re: proposed construction,
alteration and renovation
Motion by Councilor Wright, seconded by Councilor Murphy to accept the
communication.  So unanimously voted.
  b) RI Historical Preservation & Heritage Commission re: recent zoning
variance to allow construction abutting school property
Motion by Councilor Wright, seconded by Councilor Dolce to accept the
communication.  So unanimously voted.

2)   Proposed open space zoning ordinance amendment (continued from May
26)
Motion by Councilor Murphy, seconded by Councilor Dolce to table.
      So unanimously voted.

 COMMUNICATIONS

1)   RICRMC Notice of Violation: Stephen L. and Holly L. G. Howard
involving exterior construction on existing dwelling, within 200 feet of
coastal feature (Plat 8, Lot 264; 24 Bay View Drive)
Motion by Councilor Murphy, seconded by Councilor Dolce to accept the
communication.  So unanimously voted.

2)   Virginia and John (Ted) E. Zimmerman re: parking problem
Motion by Councilor Murphy, seconded by Councilor Pease to accept the
communication.
      So unanimously voted.  Motion by Councilor Pease, seconded by
Councilor Murphy to ask the Town Administrator to speak with the Police
Chief regarding the striping on Walcott Avenue and pursue with RIDOT as
well.  So unanimously voted.

3)   M. Boris Rotman, Ph.D. re: Boston Avenue
Councilor Dolce: Minutes state that Mr. Hyman said the Town had no
interest in Boston Avenue.
      Motion by Councilor Murphy, seconded by Councilor Wright for the
Town Clerk to forward copies of 4  sessions to Dr. Rotman, as well as Ms.
Delude-Dix as well as copies of this evenings meeting (when approved).
      So unanimously voted. 

4)   David P. Bolger re: 1998 Community Survey
Motion by Councilor Dolce, seconded by Councilor Murphy to accept the
communication.  So unanimously voted.

5)   Edwin W. Connelly, Chair Friends of Conanicut Battery re: grant 
(Previously addressed)

NEW BUSINESS

1)   License transfer applications:
  Applicant            Type     Location
  Midwest Electric, Inc.     Victualing  53 Conanicus Avenue (1-R)
  dba Bay View Bar and Grill

     (same)         Sunday Sales      (same)

                 TO
  James J. Thompson          Victualing  53 Conanicus Avenue (1-R)
  dba (pending)

     (same)         Sunday Sales      (same)

All transfer applications regarding Midwest Electric, Inc. withdrawn by
applicant/owner.

2)   One-day license applications:
  Applicant               Type/Location  Date
  HMS of Newport, Inc.       Entertainment     
dba S. County Subacute Center et al   (Rembijas Pavilion)  07/12/98
Motion by Councilor Wright, seconded by Councilor Dolce to approve subject
to Building/Zoning Official's satisfaction as to form and substance.
      So unanimously voted.
     
  Jamestown Lions Club       Peddler     07/02/98
                    (Mackerel Cove)
Motion by Councilor Dolce, seconded by Councilor Murphy to approve the
request subject to approvals by appropriate officials (approval includes
rain date of 07/06/98).
      So unanimously voted.  Motion by Councilor Dolce, seconded by
Councilor Pease to waive license fee.  So unanimously voted. 

  Jamestown Fire Department        Entertainment     06/27/98
     (same)            Peddler     (same)
     (same)            Victualing     (same)
                    (Rembijas Pavilion)*
*Jamestown Fire Department has requested waiver of all license and
pavilion fees
Motion by Councilor Murphy, seconded by Councilor Dolce to approve all
license requests and to waive all license and pavilion fees.
      So unanimously voted.

EXECUTIVE SESSION

Motion by Councilor Wright, seconded by Councilor Murphy to adjourn to
executive session at 10:23 PM.
      So unanimously voted.  Council returned to regular session at 11:11
PM.  Motion by Councilor Dolce, seconded by Councilor Pease to seal the
minutes of the executive session to the public.  So unanimously voted.

Motion by Councilor Wright, seconded by Councilor Murphy to schedule an
executive session at 7:30 PM on 06/11/98 for the purpose of discussing
hiring a Town Administrator.  So unanimously voted.

ADJOURNMENT

There being no further business before the Council, motion by Councilor
Wright, seconded by Councilor Murphy to adjourn the meeting at 11:12 PM.
      So unanimously voted.

Attest:

Denise Jennings
Deputy Town Clerk