TOWN COUNCIL
  JAMESTOWN, RHODE ISLAND
  February 12, 1996

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:36 PM by Council President Fred
Pease. The following members were present:
  Paul A. Robertson, Vice-President
  Steven M. McInnis

(Absent: Richard A. Hines and Mark E. Liberati)

Also present were:
  Frances H. Shocket, Town Administrator
  Theresa C. Donovan, CMC, Town Clerk
  Steven J. Goslee, Public Works Director
  Mark Browning, Town Planner
  Arthur J. Christman, Deputy Fire Chief
  J. Christopher Powell, Conservation Commission Chair
  James A. Donnelly, Esq., Town Solicitor

  AWARDS, PRESENTATIONS AND ACKNOWLEDGEMENTS

1)   Town Planner: Council President Pease administered the oath of office
to Mark Browning as Town Planner, whose appointment was approved by
Council December 26, 1995.

  CONSENT AGENDA

Councilor McInnis requested that #2 be removed.
     Motion by Councilor McInnis, seconded by Councilor Robertson to adopt
the remainder of the consent agenda.
     So voted. The amended consent agenda consisted of:
1)   Adoption of Council minutes: 01/22/96 (regular meeting)
3)   Copies of minutes of Boards and Committees
  a) Zoning Board of Review (12/21/95 & 01/04/96)
  b) Groundwater Quality Study Committee (12/11/95)
  c) Tax Assessment Board of Review (01/10/96)
  d) Harbor Management Commission (01/10/96)
4)   Letter from Local Government Graphics re: state of the art graphics
for public presentations
5)   Publication entitled "Home Rule Charters in RI" distributed by the RI
Department of Municipal Affairs (excerpt)
6)   CRMC notice: Robert and Mariam Atamian (North Main Road; AP 3, Lot
482) to construct and maintain a four bedroom dwelling, an inground gunite
swimming pool and ISDS
7)   Copy of a resolution of the Richmond Town Council re: state aid to
education

2)   Bills and payroll: Following clarification by Ms. Shocket of various
questions posed by Councilors Pease, Robertson and McInnis, motion by
Councilor McInnis, seconded by Councilor Robertson to approve bills and
payroll. So voted.

  EXECUTIVE SESSION ANNOUNCEMENT

Solicitor stated he would discuss litigation and real estate in executive
session; no objection from Council; as scheduled on agenda.

  OPEN FORUM

1)   Scheduled Requests to Address
a)   Sue Maden re: use of the Town seal (continued from 01/22/96): (Ms.
Maden distributed the table of contents of her proposed compilation of
articles written for The Jamestown Press to be put in book form.) There
will be many photographs, and one section will discuss the history of
Jamestown's name and will include a photograph of all the Jamestown police
badges on display at our police station; this will be the only Town seal
used; I plan to talk about when it was incorporated and why the name was
chosen.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve the request of Sue Maden for use of the Town seal in the context
of an article on various Jamestowns across the country, with credit for
the use being contained in the book. So voted.

b)   Donald Richardson representing the Friends of Jamestown Seniors, Inc.
seeking permission for relocation of the elevator at the senior center
(proposed revision of Community Development Block Grant): As Chair of the
building committee, I am asking Council to allow the Friends to construct
an elevator system on the southwest side of the hall; the elevator was
designed to go on the inside of the building; since then, the majority of
the committee wants it to go outside so as not to lose 240 square feet;
the  Grange (building owner) also will not allow further inside
alteration; it will go approximately where the old furnace was; the
estimate for constructing it inside was about $80,000; we can do this for
$50,000 (drawing distributed); we need Council permission since it
involved CDBG funds; we obtained several estimates; we can use the machine
room that was designed for the elevator on the inside; this will be near
the front of the building on the southwest corner.

Ellicott Wright: We are here to make sure that Council approves of this at
least conceptually before we proceed with obtaining drawings, etc.

W. George Boll: We have had several meetings leading to this.

Ms. Shocket: Regardless of whether the elevator is moved or not, all
federal regulations and state fire codes must be accommodated.

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
amendment to the CDBG grant application to approve an outside location for
the elevator subject to final vote by the Board of Directors of the
Friends of the Jamestown Seniors, Inc. and the Town Council on the
specific plan, and compliance with all federal, state and local codes
including fire, building and zoning codes and ADA. So voted.

2)   Non-Agenda Requests to Address


Donald Richardson: I am asking Council to conduct a referendum on the
proposed expansion of the East Ferry project before incurring any
engineering expenses.
     Councilor McInnis: Council has not approved anything; the Harbor
Management Commission and/or the Planning Commission may be drawing up
proposals.
     Mr. Richardson: A referendum was called for by many residents during
the work shops last year.
     Councilor Robertson: You need a very specific question; we are not at
that point yet.
     Councilor McInnis: There is nothing before us at this time; public
work sessions will be forthcoming at some point.
     (The Clerk was instructed to report back to Council on local question
deadlines for upcoming election events for Council's next meeting.)

Arthur Ronchie: The deed for VFW memorial is running out soon (copy
submitted to Solicitor).
     (The Solicitor was asked to review and report at a future meeting.)

  REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's Report (attached hereto)
Additionally:
a)   Alcohol/Controlled Substance Testing Policy
Motion by Councilor McInnis, seconded by Councilor Robertson to adopt the
policy as presented, with the proviso that the positive test provision on
page 14 which results in immediate termination only be after 5 years
following the initial positive test.
     So voted.
     (Councilor McInnis clarified that he intended the sentence on page 14
be revised to state that a positive test within 5 years of the employee's
return to work would result in termination.)

2)   Town Clerk re: proposed warrant for the Financial Town Meeting on
March 4, 1996
Motion by Councilor McInnis, seconded by Councilor Robertson to approve as
the warrant as presented with the exception that sewer frontage tax rate
in Resolution #1 be increased from 50 cents to 55 cents. So voted.

3)   Tax Assessment Board of Review
a)   Report on hearings of appeals for the revaluations of 12/31/93
b)   Report on hearings of appeals for the fiscal year ending 02/29/96
Motion by Councilor McInnis, seconded by Councilor Robertson to accept
both reports. So voted.

4)   Memorandum from the Tax Assessor re: property owned by Neil Clark; AP
8, Lot 665 (noted)

5)   Conservation Commission (3 vacancies)
a)   Requests for reappointment
  i) J. Christopher Powell
  ii)   Robert S. L. Kinder
  iii)  Letter of support from the Conservation Commission
Motion by Councilor McInnis, seconded by Councilor Robertson to reappoint
Messrs.
     Powell and Kinder to three year terms, terms ending 12/31/98.
     So voted.
     Regarding the third vacancy, the Clerk indicated she was waiting for
responses and would readvertise if necessary.

Ambulance Association Compensation Committee: Councilor McInnis reported
the committee had met tonight.

  UNFINISHED BUSINESS

1)   Memorandum from the Barrington Town Council re: Policemen's
Arbitration Act (cont.
     from 01/08/96): Response from the Barrington Town Council
Council instructed the Solicitor to review and report back.

2)   RIDEM, Underground Storage Tank Section, Notice of Violation and
Order re: Conanicut Marina
Solicitor: John A. Murphy, Esq. (attorney for CMS) has been following up
and copying to me.
     Councilor McInnis: Mr. Murphy should respond on our behalf or, if the
Solicitor has to respond, CMS should pay our legal fees; I think we should
point out to Mr. Murphy, in writing, that an appeal should have been filed
within 10 days of the notice on behalf of the Town; he should request a
hearing on behalf of the Town. (Solicitor to proceed.)

3)   Damage claims of Gary G. Gardiner and Elizabeth E. Shanahan (tabled
from 01/22/96)
Ms. Shocket: Regarding the Gardiner claim, I confirmed the police report
and payroll records that one of our sewer trucks was on that road at that
time.
     Councilor Robertson: We have a claim policy; he has only submitted
one estimate.
     Councilor McInnis: This is a more direct liability than a pothole.
     (Discussion followed regarding the amount of time that has elapsed
since the actual damage: 6 months.) Motion by Councilor McInnis, seconded
by Councilor Robertson to approve payment of the claim in the amount of
$149.
     So voted.
     Ms. Shocket: Regarding the Shanahan claim, Mr. Goslee and I found the
hubcap; there is no pothole; the hubcap was on the median; I will follow
up with her.

  COMMUNICATIONS

1)   Letter from the Newport County Chamber of Commerce re: developing the
1996 legislative agenda for Newport County
2)   Letter from the President of the South County Museum re: budget
request
3)   Damage claims of  a) John Almeida, and b) Robert M. Britton
Councilor Robertson: Refer Mr. Almeida's claim to the tree warden for
determination of whose property the tree is on.
     Solicitor: (Cited RIGL 24-5-14) Regarding Mr. Britton's claim, the
Town is not liable; I will check into the particulars and report back to
Council on February 26.

  NEW BUSINESS

1)   Request for permission from the Conanicut Island Art Association for
the use of the Community Center for their 1996 art and craft shows
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the request subject to scheduling same with the recreation director and an
inspection by the fire marshall. So voted.

2)   RIDEM Division of Forest Environment memorandum re: annual Tree
Warden appointment
Mr. Goslee: (Responding to Council's inquiry) It is handy that Paul Vieira
(current tree warden) is a Town employee; it is easier for us to respond;
he is not paid for this position; he seems to enjoy the position and the
work.
     Motion by Councilor Robertson, seconded by Councilor McInnis to
reappoint Paul Vieira as tree warden, term expiring January, 1997.
     So voted.

3)   License renewal applications:
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the renewals of the following licenses, subject to resolution of taxes and
debts:
  Applicant                        Type
  Antiques of Jamestown               Sunday Sales
  Baker's Pharmacy of Jamestown             "
  Bay Voyage Dining                   "
  Brown, Malcolm T.                   Private Investigator
     dba South Shore Investigative Agency
So voted.

Motion by Councilor Robertson, seconded by Councilor McInnis to approve
the renewal of the following licenses, subject to resolution of taxes and
debts:
  Applicant                        Type
  Central Garage                Sunday Sales
  Conanicut Christmas Trees                 "
     fka Upper Deck Gifts
  Conanicut Store (The)                  "
  Conanicut Yacht Club                "
So voted.

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the renewals of the following licenses, subject to resolution of taxes and
debts:
  Applicant                        Type
  Cumberland Farms Store              Sunday Sales
  Del's of Jamestown                  Peddlar
     "                    Victualing
So voted.

Motion by Councilor Robertson, seconded by Council President Pease to
approve the renewal of the following license, subject to resolution of
taxes and debts:
  Applicant                        Type
  Dutch Harbor Boatyard               Sunday Sales
So voted by 2 in favor, none opposed and Councilor McInnis abstaining.

Motion by Councilor Robertson, seconded by Councilor McInnis to approve
the renewal of the following licenses, subject to resolution of taxes and
debts:
  Applicant                        Type
  Frick's at the Bay View             Sunday Sales
  Freddie Bing's Hotdog Thing            Peddlar
  Hodgkiss Farm                 Sunday Sales
  House of Pizza                   "
  Island Rubbish Service              Trash Collector
  Islander Restaurant                 Sunday Sales
So voted.

Motion by Councilor Robertson, seconded by Council President Pease to
approve the renewal of the following license, subject to resolution of
taxes and debts:
  Applicant                        Type
  Jamestown Boat Yard              Sunday Sales
So voted by 2 in favor, none opposed and Councilor McInnis abstaining.

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the renewals of the following licenses, subject to resolution of taxes and
debts:
  Applicant                        Type
  Jamestown Country Club Restaurant         Sunday Sales
  Jamestown Designs                   "
  Jamestown Golf and Country Club              "
     aka The Caddy Shack
  Jamestown Oyster Bar             Peddlar
     "                    Sunday Sales
So voted.

Motion by Councilor McInnis, seconded by Council President Pease to
approve the renewal of the following license, subject to resolution of
taxes and debts:
  Applicant                        Type
  Jamestown Xtra Mart              Sunday Sales
So voted by 2 in favor, none opposed and Councilor Robertson abstaining.

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the renewals of the following licenses, subject to resolution of taxes and
debts:

  Applicant                        Type
  Jannelle, Robert A.                 Private Investigator
     dba Insurors Service Bureau
  Lewis, Ronald F.                 Private Investigator
     dba R. Lewis Private Investigations
  Munroe Dairy                  Peddlar
  Narragansett Cafe                Sunday Sales
So voted.

Motion by Councilor Robertson, seconded by Councilor McInnis to approve
the renewal of the following licenses, subject to resolution of taxes and
debts:
  Applicant                        Type
  North End Antiques                  Sunday Sales
  North End Bargain Center                  "
  Ocean State Scuba                   "
  Page's Hardware                     "
     fka Conanicut Hardware
  Portuguese American Citizens Club            "
  R & R Gallery                    " 
  Schoolhouse Cafe                    "
So voted.

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the renewals of the following licenses, subject to resolution of taxes and
debts:
  Applicant                        Type
  Snack Shack                   Peddlar
  Spinnaker's Sweet Shoppe & Cafe              "
  Trattoria Simpatico                 Sunday Sales
  Video Showcase                   "
  Village Casuals                     "
  Waste Management of RI              Trash Collector
So voted.

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the renewal of the following license which was included in the packet but
omitted from the agenda, subject to resolution of taxes and debts:
  Applicant                        Type
  Santino Campo                 Private Investigator
So voted.

Jamestown Land Company v. Town of Jamestown: Councilor McInnis: The
pending trial of the Jamestown Land Company versus the Town was settled
today; the case was filed in 1989; they were alleging pollution damages
and the prevention of the development of their property due to Jamestown's
former landfill; they were seeking $2.5 million in damages plus interest
(almost $5 million in total alleged damages); the Town hired special
counsel William Landry, Esq.; he and our Solicitor have been engaged in
the jury trial for the last couple of weeks; the plaintiffs ultimately
agreed to settle for $10,000 which Council approved last week and will
sign today; this is considered a tremendous victory for the Town to
eliminate further legal fees and prohibit appeal; this is an extremely
nominal settlement and with no admission of liability on the part of the
Town.
     Solicitor: This is a bankrupt estate, so there is no possibility for
the Town to recoup damages; to complete the case would have cost far in
excess of $10,000 due to legal and expert witnesses' expenses; the case
was dismissed this morning; a general release was forwarded to Thomas
Quinn as receiver for Jamestown Land Company; I ask Council to approve
settlement as it has occurred and approve issuance of the check.
     Motion by Councilor McInnis, seconded by Councilor Robertson to amend
bills and payroll to authorize the issuance of a check payable to
Christopher Little, Esq. as attorney for Jamestown Land Company in the
amount of $10,000.00, and to ratify the execution of the settlement
agreement as presented to us by the Solicitor and secure the related
releases. So voted.

Golf Course Leases: Councilor Robertson: The golf course leases expire
next year; now would be good time to advertise for an advisory committee.
     Council consensus: Clerk to put this on the February 26 agenda to
allow for full Council participation in the formation of the committee.

  EXECUTIVE SESSION

Motion by Councilor McInnis, seconded by Councilor Robertson to adjourn to
executive session at 9:04 PM.
     So voted.
     Council returned to regular session at 9:45 PM.
     Motion by Councilor McInnis, seconded by Councilor Robertson to seal
the minutes of the executive session to the public. So voted.

  ADJOURNMENT

There being no further business before the Council, motion by Councilor
McInnis, seconded by Councilor Robertson to adjourn at 9:46 PM. So voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk

cc:  Town Council Members (5)
  Town Administrator
  Town Solicitor
  Administrative Circulation