January 27, 1997

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:40 PM by Council President Fred
Pease. The following members were present:
  Paul A. Robertson, Vice-President
  Mark E. Liberati
  Steven M. McInnis

(Absent: Richard A. Hines)

Also present were:
  Frances H. Shocket, Town Administrator
  Theresa C. Donovan, CMC, Town Clerk
  Maryanne Crawford, Finance Director
  Thomas P. Tighe, Chief of Police
  Arthur J. Christman, Fire Chief
  Betty Hubbard, Planning Commission Chair
  J. Christopher Powell, Conservation Commission Chair
  James A. Donnelly, Esq., Town Solicitor


1)   Ratify proclamation honoring Phyllis C. Schmidt: Motion by Councilor
Robertson, seconded by Councilor McInnis to ratify a proclamation
declaring January 17, 1997 as Phyllis C. Schmidt Day, as presented. So


1)   Letter from the Chief of Police re: incident at Narragansett Cafe
(continued from 01/13/97): Councilor Liberati noted that he would be
abstaining from all discussion and votes on this subject.
     The Clerk noted no representative of the establishment was present,
nor was there any response to the written communication.
     Solicitor: There were problems on January 1 with the patrons'
behavior and with exceeding the building's capacity; Chief Tighe wanted to
develop a concrete plan and have it in place and in writing as to how Mr.
Alexander would handle it in the future.
     Chief Tighe: I ordered the Building Official (Frederick Brown) and
the Fire Marshall (Chief Christman) to inspect the premises that day; they
found it to be overcrowded, and in fact, Mr. Brown found structural
damage; I have not signed the license renewals.
     Daniel Alexander arrived at this point, 7:44 PM.
     Mr. Alexander: The Town is looking for some assurances that problems
will not continue; I am contemplated not hosting it again in the future;
my interview to that effect was published by the Standard-Times; Michael
McGovern, Assistant Director of Special Olympics, called me when he read
it and stated they did not realize it was a problem; I suggested they find
a larger place to host it; they indicated they wanted to stay; the only
way that could happen would be a closed party with 180 tickets issued,
with significant security; it is obviously out of control; I do not need
the headache.
     Councilor Robertson: Having the proper number would meet the Fire
Marshall's concern.
     Mr. Alexander: I would not be opposed to having two officers being
posted inside; I could use all the help I can get; I am not willing to
jeopardize my full year's license for one day's business; I am willing to
work with the Town to not have problems; my capacity is 186; I inherited
this event when I purchased the business 10 years ago.
     Chief Tighe: I suggest delaying further action for 30-60 days so Mr.
Alexander and I can meet and discuss what happened to establish
     Mr. Alexander: This is my biggest headache of the year; I am not
convinced they need a bigger place; there are a lot of people that do not
belong, and some people show up intoxicated; the Town already has its
hands full down at the beach; Special Olympics needs to decide the future
of the event, as does the Jamestown Penguins organization; there was
unsolicited advertisement on radio stations, which brought a lot of
     Motion by Councilor McInnis, seconded by Councilor Robertson to place
this subject on the February 24 agenda for a report from the Chief of
     So voted by 3 in favor, none opposed and Councilor Liberati


Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the consent agenda as presented. So voted. The consent agenda consisted
1)   Adoption of Council minutes: 01/13/97 (regular meeting)
2)   Bills and payroll
3)   Copy of minutes of Library Board of Trustees (12/17/96)
4)   RIDEM Notice of Compliance re: Town of Jamestown
5)   CRMC Residential Assent: Linda Malouin (Plat 15, Lot 212; 205 Seaside
Drive) re: to construct additions and renovations to existing dwelling,
remove and replace existing driveway
6)   Resolutions from Other Municipalities
a)   Educational Financial Support
  i) Town of East Greenwich
     ii)   Town of Exeter
     iii)  Town of North Smithfield
b)   Certified School Nurse/Teacher personnel
  i) City of Woonsocket


Ms. Shocket asked to speak to Council in executive session, as scheduled,
to discuss real estate under the provisions of RIGL 42-46-5(a)(5).
     Councilor Robertson requested an executive session, as scheduled, to
discuss matters of personnel and litigation (42-56-5(a)(1 and 2
respectively). (No objection to either request.)

1)   Scheduled Requests to Address (none)
2)   Non-Agenda Requests to Address
Thomas Greig: I heard Council approved water and sewer service for the
Quattrocchi development on Hamilton Avenue [Mackerel Heights]; is that
true and how many connections would there be? Council President Pease:
Yes. Councilor Robertson: For 9 units. Councilor McInnis: Actually, there
would be 10, including the lot with frontage on Hamilton Avenue.
     Motion by Councilor Liberati, seconded by Councilor McInnis to
release those excerpts of executive session minutes detailing the
discussion and decisions related to the consent agreement.
     So voted. Mr. Greig: I thought there was a moratorium on extension of
the water main.
     Councilor Liberati: There is no moratorium; this Council established
a general policy that we will allow hook ins in the rural district as long
as the property fronts on a road that has a water main; we allowed this
exception to that policy; there was good evidence that there was no water
on this site 10 years ago; the Planning Commission attempted to require
that the developer to put something in deeds stating that no public water
was available to these lots; that triggered a lawsuit; people buying those
lots with insufficient water would eventually end up coming to the Town
for relief from a public health issue; it made sense to deal with it now;
also, to the extent that we could get enough funding from the developer to
compensate the Town for the water line extension, we would entertain that
discussion; we made an agreement whereby approximately $30,000 would be
collected and could be used for capital improvement of our water system; I
am confused myself as to why it never became public; apparently, the suit
was terminated in 1993 and subsequent discussions should have been held in
     Councilor McInnis: The attempt to tie the sewer permit into other
conditions failed in court; that amplified the potential problems defined
by Councilor Liberati; the result of the litigation was that we had to
grant the sewer permit without any conditions whatsoever; there is very
vague and grey law on the ability to prevent construction of a house
without proof of water; the fear was that the Town would be forced to give
building permits and the wells would only work for a year, then we would
have to deal with it.

Mr. Powell: Considering the Town's history of water shortages, I cannot
believe that would not be sufficient cause to deny extension; I am
concerned for the precedence being set.
     Councilor Liberati: This subdivision fronts on a street with a water
line; it was very clear in my mind that this Council would not be able to
face 10 families down the road and not give them water when the line
fronts the subdivision; granting it now allowed us to negotiate a user
impact fee; setting a precedent is a very serious issue that needs to be
addressed. Solicitor: There is water all around it; if we would some day
be forced to give them something for nothing, it made more sense to
negotiate for the ultimate gain of capital improvement.
     Mr. Greig: Why 10 units? Councilor Liberati: One hook up would be
given as a matter of right because the lot has frontage on a road with a
water line (Hamilton Avenue); there would be water for up to 10 lots
total, dependent upon Planning Commission approval.
     Mr. Greig: In my real estate practice, I have been instructing people
that the Council has adopted a moratorium on extension of the water main
in the rural district.
     Councilor Liberati: As a matter of policy, that is correct; this is
outside the normal policy.
     Mr. Powell: Shouldn't we consider a moratorium? Councilor Robertson:
That has been discussed, but there is concern for our legal position.
     Councilor McInnis: The number of potential new connections is not an
issue, according to all build-out analyses.
     Councilor Robertson: When we do not have enough rainfall, we have a
shortage because we have inadequate storage facilities for the existing
population; storage is the problem.


1)   Town Administrator's Report (attached hereto)
Audit Contract: Motion by Councilor McInnis, seconded by Councilor
Robertson to approve awarding of the municipal audit contract to L. H. Fox
and Associates for $43,000 for 3 years, as recommended by the Finance
Director. So voted.

2)   Harbor Management Commission (1 vacancy; term ending 12/1999)
a)   David C. Pritchard (request for reappointment; commercial fishing
  i) Letters of interest (commercial fishing industry)
  ii)   Vincent J. Neri, III
  iii)  Olafur Gislason
Council President Pease: Mr. Pritchard told me this week he wants to be
reappointed. Councilor Liberati: Ask him to come in for an interview on
February 10.

3)   Board of Canvassers (1 vacancy; term ending 3/2003)
a)   Letter of support from the Chair
  i) Dolores M. Christman (request for reappointment)
Ms. Donovan: I have received no responses to date from either of the Town
Committees. Council consensus: continue to February 10.

4)   Planning Commission re: proposed Open Space amendment to Zoning
Discussion of certain areas, with the addition of "OS-II" in three places
on pages titled 6 and 7 for those lots with dual zoning designation;
Council consensus: Mr. Powell is to contact the Nature Conservancy
regarding the status of its lot (Plat 7, Lot 28), adjacent to the Dutra
farm; continue to February 10.




1)   Letter from Chuck Bolduc of Newport re: naming of Route 138 connecter
2)   Letter from Richard Allphin re: parking
Motion by Councilor McInnis, seconded by Councilor Robertson to accept
both communications. So voted.

Plat 8, Lot 166: Councilor Robertson asked Ms. Shocket to approach the
owner(s) of 20 Narragansett Avenue (aka Jamestown Garage) to determine the
status and availability of their property.

1)   Request from the Conanicut Island Art Association for permission to
use the Community Center (07/28/97-08/03/97 and 08/08/97-08/10/97): Motion
by Councilor McInnis, seconded by Councilor Robertson to approve the
request, subject to verification by the Recreation Director that the dates
do not conflict with anything already scheduled. So voted.

2)   1997-1998 budget approval with warrants: Motion by Councilor
Liberati, seconded by Councilor McInnis to approve the 1997-1998 budget
and warrants in the form presented by the Administrator, and order it
advertised in preparation for the Financial Town Meeting on Monday, March
3, 1997. So voted.

Road Conditions: Councilor Robertson advised the Public Works Director
that he had received complaints about some roads, specifically Steamboat
Street, Seaside Drive and Neptune Street.


Motion by Councilor McInnis, seconded by Councilor Robertson to adjourn to
executive session at 9:06 PM.
     So voted. Council returned to regular session at 10:00 PM. Motion by
Councilor McInnis, seconded by Councilor Robertson to seal the minutes of
the executive session to the public. So voted.


There being no further business before the Council, motion by Councilor
McInnis, seconded by Councilor Robertson to adjourn at 10:01 PM. So voted.


Theresa C. Donovan, CMC
Town Clerk

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