TOWN COUNCIL
  JAMESTOWN, RHODE ISLAND
  May 27, 1997

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:31 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
  Steven J. Goslee, Public Works Director
  Arthur J. Christman, Fire Chief
  J. Christopher Powell, Conservation Commission Chair
  Samuel Paterson, Harbor Master
  James A. Donnelly, Esq., Town Solicitor

  AWARDS, PRESENTATIONS AND ACKNOWLEDGEMENTS

Ratification of Veterans Memorial dedication proclamation: Motion by
Councilor Pease, seconded by Councilor Murphy to ratify the proclamation
as read by Council President Amerigian on May 26 at the dedication of the
new memorial at Veterans Memorial Square. So voted.

  CONSENT AGENDA

Council President Amerigian requested removal of items #2, 4, 6 and 10.
     Councilor Dolce requested the removal of #12.
     Motion by Councilor Wright, seconded by Councilor Pease  to approve
the consent agenda as amended. So unanimously voted. The amended consent
agenda consisted of:
1)   Adoption of Council minutes:
a)   04/28/97 (regular meeting)
b)   05/19/97 (special meeting)
3)   Copies of minutes of Boards and Committees
a)   Zoning Board of Review (03/25/97 & 04/22/97) 
b)   Planning Commission (04/02/97, 04/16/97 & 05/07/97)
c)   Board of Canvassers (02/26/97, 04/04/97 & 04/16/97)
i)   RI Board of Elections (04/11/97)
d)   Library Board of Trustees (03/18/97)
e)   Jamestown Housing Authority (04/09/97)
5)   Coastal Resources Management Council notices
a)   Assent Modification: Paul and Sandra Edgerley to modify proposed
storm water (roof) runoff (Plat 8, Lot 645; 90 Bay View Drive)
b)   Finding of no significant impact: John H. Stoddard, Jr. to strip and
reroof existing dwelling (Plat 4, Lot 15; 450 East Shore Road)
c)   Finding of no significant impact: Clare Graham to construct
renovations and additions to an existing dwelling (Plat 7, Lot 123;
Coulter Drive)
d)   Finding of no significant impact: Dutch Harbor Boat Yard, Inc. to
replace pilings and decking and add clamshells to parking area (Plat 8,
Lot 463; Narragansett Avenue)
e)   Finding of no significant impact: Eleanor Churchman Smyth to shingle
east side of building (Plat 9, Lot 329; 104 Racquet Road)
f)   Assent Modification: Gail Bolger to install a stone seal asphalt
driveway with drain, construct a boulder wall and install landscape
plantings (Plat 3, Lot 501; Fore Royal Court)
g)   Finding of no significant impact: Fae & Ira Murphy to construct an 8'
x 20' two story addition, replace and expand deck (Plat 7, Lot 162; East
Shore Road)
7)   Notice from Eastern Utilities re: summer electrical shortages
8)   Letter of thanks from the RI Earth Day Committee re: resolution
9)   Notice from Municipal Financial Group re: project funds  
11)  Copy of press release re: Town Solicitor and Probate Judge
13)  Abatements/Addenda of taxes report of Tax Assessor submitted 05/22/97

2)   Bills and payroll: Following clarification of several specific items
and a review of the various vendors, motion by Councilor Pease, seconded
by Councilor Murphy to approve the May 12 bills and payroll.
     So unanimously voted. Motion by Councilor Dolce, seconded by
Councilor Murphy to approve the May 27 bills and payroll.
     So unanimously voted.

4)   Resolutions from Town of Exeter re: amendment to RIGL 44-25-4, Real
Estate Conveyance Tax: Motion by Councilor Murphy, seconded by Council
President Amerigian to draft a similar resolution and submit it to the
General Assembly.
     Councilor Wright: We should explore the possibility of either
instituting a local  conveyance tax or raising the state conveyance tax to
fund a land bank.
     Councilor Murphy: We could do both.
     Councilor Wright: I would be concerned there may be a conflict if we
asking for more commission revenue from the collection of the state tax
and also asking for an additional amount to fund a land bank.
     Councilor Dolce: I think the institution of a local conveyance tax
would require enabling legislation, which needs research.
     Council President Amerigian: I understand a land bank fund was
requested in late 1980s but was defeated. Mr. Powell: Block Island and
Little Compton have it; the realtors and governor opposed our request at
the time.
     Council consensus: The Administrator is to contact those communities
to determine what they have.
     Motion defeated by 4 against and Councilor Murphy in favor.

6)   Department of Environmental Management notice: Insignificant
Alteration - Permit: Town of Jamestown for request for preliminary
determination application (Plat 2, Lot 216; intersection of Weatherly
Court and Intrepid Lane): Mr. Goslee clarified that the application was
for a fire hydrant.
     Motion by Councilor Pease, seconded by Councilor Murphy to accept the
notice. So unanimously voted.

10)  Letter and Newport Marine Facilities Draft Environmental Impact
Statement (on file with the Town Clerk's Office): Ms. Shocket: The Newport
facility being referenced is a stand-alone project; ultimately the
proposal for East Ferry could be connected. Mr. Powell: This is just an
environmental impact statement for specific sites.
     Councilor Dolce: I was planning to attend for at least part of the
hearing/work shop.
     Ms. Shocket agreed to attend. Councilor Murphy stated he would also
try to attend.
     Motion by Councilor Pease, seconded by Councilor Murphy to accept the
letter and DEIS. So unanimously voted.

12)  US Geological Survey publication: Public-Water Supplies in MA and RI:
Investigations of Processes Affecting Source-Water Quality: Councilor
Dolce: What has been Jamestown's involvement with US Geological Survey?
Mr. Goslee: They did no work in Jamestown since the 1960s, with the
exception of the new well; they spend most of their time on the new well
field in the Big River area of western Rhode Island.
     Motion by Councilor Pease, seconded by Councilor Murphy to accept the
report. So unanimously voted.

  EXECUTIVE SESSION ANNOUNCEMENT

Solicitor: I need to discuss one item of litigation in accordance with
RIGL 42-46-5(a)(2).
     There was no objection from Council to enter executive session as
scheduled, although Councilor Murphy asked it more information can be
released to the public at some point.
     Solicitor: In matters of litigation, rarely can minutes be released,
and if so, long after the fact; this case is Wolanski v. Town of
Jamestown.
     Ms. Shocket: A prior council reviewed a large batch of executive
session minutes and released selected portions in 1993.
     Motion by Councilor Murphy, seconded by Councilor Amerigian to review
all past executive session minutes back to the last review for possible
release to the public. So voted.

  OPEN FORUM

1)   Scheduled Requests to Address
a)   Carl Bednarczyk re: watershed pollution: My concerns are ISDS
problems and the telephone poles stored on North Road; regarding the
poles, there was a serious problem in New York with pollution from poles
because of toxic preservative; there is an odor; we should find out what
is in them and what the potential for pollution is and ask for their
removal; I am also concerned about budgetary issues for the water
department and public works; public works employees are spending a
tremendous amount of time digging trenches for water department projects;
the water department is a semiprivate system, but when the public works
employees are doing the work and not charging it back to the water
department, taxpayers throughout the town are paying for it; Mr. Goslee
has no data on the number of hours being spent on any project; it is a
grave concern to me that an inordinate amount of hours are going from
public works  to the water department without accounting for it; would
like to see both topics addressed. Poles: Ms. Shocket: Creosote has been
banned for five years; there might be some other preservative on them.
     Mr. Goslee: The are telephone poles owned by Nynex; they started
stockpiling them here since the 1938 hurricane; they can go through 50 to
100 poles very quickly after a hurricane; they could be in a better
location.
     Ms. Shocket will contact Nynex. Public Works Labor: Mr. Goslee: My
salary is apportioned between both budgets; there are reciprocal services
that are not charged back; the Town is responsible if there is a failure
at the water department; as an asset of the Town it makes sense to support
it as a community; the quid pro quo comes in when all employees are used
for plowing and snow removal; the utility employees keep detailed records
of everything they do; highway people do not (the superintendent does, but
individuals do not).
     Councilor Murphy: You could use charge numbers for categories of
work.
     Mr. Goslee: All is done manually; there is  no computer program. Ms.
Shocket: It is worth discussion, but a true cost allocation would have to
be done across the board; we would hope to not spend more time accounting
for time than actually performing work.
     Mr. Bednarczyk: That is not an acceptable argument; we should be
looking at privatization of some of these jobs and  cost allocation could
lead to that.
     Councilor Wright: I would like to have the knowledge that the water
customers are paying for all related expenses, but feel the Administrator
and Public Works Director could give us the information we need to
determine that.
     Mr. Goslee: The utility departments are owned by the Town and backed
by the Town's full faith and credit; it is in the Town's best interest to
keep them viable; there are general benefits to all of the Town to keep
them operating; that has been one of the reasons in the past to  have the
highway department help out.
     Councilor Pease: This is a workable situation that has developed over
the years; there could probably be more detailed bookkeeping, but all
benefit from the current arrangement.

Gary Girard (not scheduled): Accounting for time is good practice; in
other states, there is a different tax rate in areas with or without
water; there is a clear distinction in value.
     Ms. Shocket: The value of a lot is related to the ability to get
municipal water and sewer; there is also a sewer frontage tax.

Jean MacGregor-Brown (not scheduled): Is the person in the water district
getting what he is paying for.
     Councilor Murphy: It is being alleged that the rest of the taxpayers
are not; the water and sewer divisions are an enterprise account that
should be able to stand alone.

Richard Allphin (not scheduled): Someone should be able to look at the
books and give an estimation.
     Ms. Shocket: I will speak to the Finance Director  and report at the
next meeting.
     Councilor Dolce: This is a small town and it is probably necessary to
share resources; it is worth looking into but I am not willing to upset a
system that is working for one that does not.

2)   Non-Agenda Requests to Address:
Sydney Waller: I am asking  that the Town supply a clean up crew the day
after the fireworks display for the debris around my house; I am concerned
about damage, liability and intrusion.
      Ms. Shocket: The Town can cordon off private property and send in
the OSCAR crew the next day.
     Ms. Waller: That is acceptable. Councilor Wright: Please let us know
after the event how things worked out so we can have that on file for
consideration of future events.

Florence Iwuc: Can my communication (#2) be addressed now? There were no
objections from Council.
     Ms. Iwuc: I have been a taxpayer for 20 years; I was assured at the
time of purchase that Ferry Street would be paved; it has never been, and
sometimes I have to park on Beach or Spirketing Streets and walk due to
either muddy conditions or snowfall; last fall, Neptune Street and part of
Steamboat Street were paved; I was told they ran out of money and could
not pave Ferry Street; it is impassable; every other road, or at least
portions, have been paved; the names on our petition are all the residents
on our section of Ferry Street (west end off Beach Avenue); it is graded
from time to time; these are also poor conditions for plowing.
     Mr. Goslee: Ferry Street is not scheduled at this time; there is
nothing scheduled yet for this year; the pavement management plan spreads
work throughout the town; we are trying to do the steepest hills, gravel
roads, and those with existing drainage.
     Ms. Shocket: About the only commitment we have this year on the
pavement program is that section of Seaside Drive under the Jamestown
bridges; the list should be forthcoming.

Stephen Iwuc: I implore Council to put Ferry Street on the top of the
list; you are doing others twice while not doing ours once in 20 years; it
is a total of 360 feet.
     Mr. Goslee: We have $50,000 per year to spend; we will spend about
$20,000 on Seaside Drive alone; there are about 55 miles of local roads;
$50,000 does about 1 mile per year.

John Caito: I have lived here 8 years permanently; part of ambiance of
Jamestown is the gravel road and those in poor condition; people move here
because they like the character; I was disappointed that Carr and Weeden
Lanes were paved; I do not favor resurfacing every road and raising taxes
to do it; I do support better maintenance and using recycled asphalt.

Ms. MacGregor-Brown: Orient Avenue is also in bad condition; water runoff
results in a major endeavor to reconstruct the road; the Town makes a good
effort to even it off.
     Council President Amerigian: We should investigate.
     Mr. Goslee: I will review; I also tell residents to get a letter
together because the request for pavement is not always unanimous.
     Chief Christman: Emergency crews sometimes have difficult access, but
the bigger problem is the lack of house numbers.
     Mr. Goslee: I will be getting a list of roads to be improved together
for Council.
  REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
Additionally:
Bids: Motion by Councilor Pease, seconded by Councilor Wright to award the
bid for the Vac-all operations to Briggs in the amount of $65 per hour,
subject to compliance with the bid specifications.
     So unanimously voted. Motion by Councilor Murphy, seconded by
Councilor Wright to award the bid for street sweeping to R. T. Nunes in
the amount of $68 per hour, subject to compliance with bid specifications.
     So unanimously voted. Motion by Councilor Murphy, seconded by
Councilor Dolce to award the bid for a roadside mower to Baker Tractor in
the amount of $8,897, subject to compliance with the bid specifications.
     So unanimously voted.

Nonpoint Pollution Study: Council President Amerigian: We would be
leveraging $3,000 to get $60,000; however, the first year is compilation
of data; no conclusions are expected until almost two years after the
study begins; it seems like a long time to find out what the real source
of the problem is in the Jamestown Shores area.
     Ms. Shocket: The concern is more with inadequate or poorly
functioning septic systems and cesspools; the funding would come from our
engineering budget; this is not a water/sewer departments issue; it is a
Town issue and belongs in this budget.
     Councilor Wright: I support the $3,000 investment.
     Councilor Murphy: I agree, but would like an answer sooner.
     Ms. Shocket: We would probably get interim reports. Councilor Dolce:
I am interested in getting critical information to establish policy; GIS
will be valuable and is another issue.
     Ms. Shocket: We already have some information in the GIS in our
planning department.
     Council President Amerigian: Dr Veeger's report should also be able
to address how large a population that area can support; I wonder if we
need something more in terms of well testing; the Council liaisons to the
Water Study Committee and the Groundwater Quality Study Committee can
pursue.
     Motion by Councilor Wright, seconded by Councilor Pease to approve
the contribution of $3,000 from the Town of Jamestown as matching funds as
a requirement of the Aqua Fund grant to fund the proposal of Anne I.
Veeger, Ph.D. entitled "Assessment of Nonpoint Source Pollution Impacts on
the Quality of Ground and Surface Water Discharging to Narragansett Bay
from Conanicut Island". So unanimously voted.

Country Club Repairs: Motion by Councilor Dolce, seconded by Councilor
Pease to award the bid for repairs to M F. Smith Associates. Councilor
Dolce: My only concern is that the bid and price are specific, but te
amount of time needed is not.
     Ms. Shocket: Mr. Smith estimated the work would take 2 to 3 days; his
total estimate is around $4,400.
     Motion by Councilor Dolce, seconded by Councilor Pease to amend the
motion to indicated that the bid award not exceed $4,800.
     Amendment so unanimously voted. Main motion, as amended, so
unanimously voted.

Transfer Station Stickers: Motion by Council President Amerigian, seconded
by Councilor Pease to amend the language in the Transfer Station Rules and
Regulations to reflect that additional stickers may be purchases at the
rate of $5.00 each, rather than restricting residents to only two
stickers. So voted.

2)   Jamestown Housing Authority: Motion by Councilor Pease, seconded by
Councilor Dolce to advertise one vacancy. So unanimously voted.

3)   Tax Assessment Board of Review: Motion by Councilor Pease, seconded
by Councilor Murphy to advertise one vacancy. So unanimously voted. 

Open Meetings Act: Clerk: We used to invite a member of the Attorney
General's staff to give a presentation to newly seated Councils on the
open meetings and public records act; we had been advised that that
practice had been discontinued; when I contacted them again this week,
they suggested Council put its request in writing and it would be
considered. Motion by Councilor Murphy, seconded by Councilor Dolce to
send a letter to the Attorney General's office inviting them to a work
session on June 16 at the Jamestown Philomenian Library at 6:30 PM, which
would be open to the members of all boards and committees, as well as the
general public. So unanimously  voted.

  UNFINISHED BUSINESS

1)   Non-resident parking request of Michael Pavoni 
Ms. Shocket: The Harbor Management Commission estimates there are between
200 and 300 non- resident moorings.
     Mr. Paterson: Mr. Pavoni just received a mooring permit in the last
year; the Fort Getty entrance fee is $6.00 per day; parking at West Ferry
is allowed by resident permit only; permits issued to the outhauls for
$350 per year and they are open to non-residents also; I would favor
letting them into Fort Getty; we can control them by the number of permits
issued annually; the state says we can have only 200 moorings in the West
Ferry, 100 of which are commercial; the commercial operator provides
parking for his customers; most people using this area sail in, so parking
is not a big problem.
     Ms. Shocket: If the Town begins enforcing the no overnight parking
ordinance, there could be a problem; we just increased the parking area in
Fort Getty, but that is probably not attractive to them.
     Council President Amerigian: I do not see a parking problem at West
Ferry.
     Ms. Shocket: During the lease negotiation with the Lorensons, they
indicated there were only 2 or 3 weekends per year that were a problem;
prior Councils have been reluctant to issue parking stickers to
non-residents and those individuals leasing here for less than 30 days.
     Solicitor: That is by ordinance.
     Councilor Pease: I support a Fort Getty sticker like those used  for
the outhauls so privileges are limited. Solicitor: That way, it would not
violate the ordinance.
     Mr. Paterson: We issue a permit and provide a corresponding list to
the Fort Getty gatehouse.
     Councilor Wright: Give it to him for one year on trial basis for a
fee between $25 and $50.
     Mr. Paterson: He has to invest between $1,000 and $1500 in tackle.
Councilor Murphy: He will be advised it is a trial basis.
     Motion by Councilor Wright, seconded by Councilor Murphy to grant
Michael Pavoni's  request for a non-resident parking pass, which will be
valid for use  at Fort Getty only, and identified by a sticker associated
with his mooring in the Dutch Harbor area for a fee of $50.00 for one year
on a trial basis.
     So  voted by 4 in favor, Councilor Dolce opposed. It was noted that
future requests would be considered on an individual basis by the Council.

  COMMUNICATIONS

1)   Department of Environmental Management notice of intent to enforce:
Town of Jamestown (Town Offices) re: underground storage tank
2)   Letter from the RI Department of Transportation, Property and
Right-of-Way Division re: Resurfacing of Beavertail Road (temporary
easement)
3)   Letter from Ferry Street residents re: paving of street [previously
addressed]
4)   Letter from the Odyssey of the Mind-Jamestown re: donation
Motion by Councilor Pease, seconded by Councilor Wright to donate $1,000
to Odyssey of the Mind-Jamestown because they have made the national
finals.
     Councilor Wright: We are sponsoring and encouraging every child who
participates in the OM program, and that, in turn encourages future
participants; it is a wonderful program.
     Council President Amerigian: We need a list of all donations made in
the past year and the underlying rationale, and how this fits into that.
     Ms. Shocket: The school gave $1,500 last year and has budgeted $2,000
this year; OM is also getting money from the Jamestown Substance Abuse
Prevention Task Force, which we fund; I will have a list for Council's
next meeting. Motion so unanimously voted.

Motion by Councilor Pease, seconded by Councilor Wright to accept all 4
communications. So unanimously  voted.

  NEW BUSINESS

1)   New pole location request from EUA/Newport Electric Corp.
     re: 22 Narragansett Avenue, Jamestown Oyster Bar: Mr. Goslee: Council
might want to look at that; poles are currently in the sidewalk on both
sides of the street; pedestrian and wheelchair traffic could be impeded;
it starts a pole line on the other side of the street.
     Ms. Shocket: They wanted to go across the municipal parking lot; we
agreed with the proviso that they move it if ever needed; they declined.
Motion by Councilor Murphy, seconded by Councilor Pease to table this
request until Council can review the site. So unanimously voted.

2)   John Caito, PE representing Anna Templeton-Cotill re: clarification
of rural water district regulation: Councilor Wright left the Council
table and abstained from all discussion and voting.
     Mr. Caito (displayed drawings for Council): This land was divided
from a 60-acre parcel in 1995; Ms. Templeton-Cotill has divided it into 4
parcels, anticipating getting public water to these sites from the
existing water line on Fort Getty Road; she could have divided it into as
many as 30 lots; since recording of this plat, the Board of Water and
Sewer Commissions has amended its regulations for the rural water district
that require the applicant to show to the satisfaction of the Board that
service is required based upon insufficient potable water from private
wells; the building official, Frederick Brown, said the state guidelines
require drilling to a minimum of 400 feet, producing a quarter gallon per
minute; since she reduced the density of dwelling units on the land mass,
will Council give special consideration for lots 1, 2 and 3 (not 4), and
would Council consider a fee in lieu of well demonstration to be used for
improvements to water distribution system, rather than requiring her to
spend money to drill dry holes; if special consideration is not granted,
what documentation will be required, specifically how many wells must be
drilled; a considerable amount of money could be expended, coming up dry
each time.
     Council President Amerigian: The voters do not like the idea of
granting special exceptions.
     Councilor Murphy: I do not feel comfortable swapping a hook up for a
fee; I would like Council to meet as Water and Sewer Commissioners to
resolve this issue and establish criteria.
     Mr. Caito: Ms. Templet-Cotill has elected to develop four lots, three
being waterfront; that was done before the policy of today.
     Ms. Shocket: We have engineering funds if professional consultation
is needed. Mr. Goslee: Even with the best geologic data, you can still
drill a dry well.
     Mr. Caito: These parcels are on the market for sale; at this point, I
cannot advise her as to what the regulations mean.
     Council President Amerigian: Former councilor Mark Liberati penned
it; he said you would have to do everything you would do were there no
water main at all; we as a Council need to determine how to interpret it.
     Motion by Councilor Murphy, seconded by Councilor Dolce to schedule a
special meeting of the Board of Water and Sewer Commissioners following
the special Council meeting on June 2 at approximately 8:30 PM for the
following purposes: the establish a policy for redress of water and sewer
bills, consider the request of Mr. Tsocanos for adjustment of his water
bill for 19 Ocean Avenue, continue consideration of the Water and Sewer
budget, discuss the Quattrocchi water connection issue, and review the
water connection policy interpretation in the rural water district.
     So voted by 4 in favor, none opposed and Councilor Wright abstaining
(the property owner is his sister).
     Council directed the Clerk to invite Charles McSoley to the June 2
special Council meeting for administration of the oath as Town Sergeant.
     Councilor Wright returned  to the Council table.

3)   Request from the Jamestown Village Association for permission to use
East Ferry and the Community Center for Ferry Days (06/21 & 06/22/97):
Councilor Murphy: Signs and banners cannot be fastened on utility poles;
they need to obtain permission from private property owners on either side
of the street as anchor points.
     Mr. Allphin: The duration the sign may be up is defined in the zoning
ordinance.
     Motion by Councilor Murphy,  seconded by Council President Amerigian
to approve the request for use of both facilities with the caveat that
they coordinate the use of the veterans memorial area with the VFW and
American Legion Post. So unanimously voted.

4)   One-day license applications:
Applicant        Type     Location    Date
Jamestown Fire Dept.*     Peddlar     Fort Getty     06/15/97
*request waiver of license fee
Councilor Murphy: Is the correct date is June 15 or July 20 (Council
previously approved the use of the site for July 20)? Ms. Shocket will
contact the parks director.
     Chief Christman was unsure of the correct date.
     Motion by Councilor Murphy, seconded by Councilor Wright to table the
request until June 2 for clarification of the date. So voted.

Applicant        Type     Location    Date
Gavin Fitzgerald c/o
RI Licensed Dealers Assn. Entertainment  Rembijas Pavilion 07/15/97
Motion by Councilor Murphy, seconded by Councilor Dolce to approve the
request, subject to obtaining the signatures of all appropriate local
officials. So voted.

  OPEN FORUM (continued)

John Caito: We are three weeks into the softball season; at the snack
shack at the Lawn Avenue ballfield, the toilet is operating but there is
no running water in the concession area; there is also no hot water in the
facility; I hope Council can take emergency action to fix the faucet and
hire a plumber to install a hot water system; it could be a health issue.
     Councilor Murphy: If you are cooking hotdogs, how do you get a health
certificate? Was it the Town's intent to have a hot dog stand there, or
just cold snacks? Ms. Shocket: The recreation director is under the
impression there water is there; I will pursue.

Councilor Murphy informed Ms. Shocket there are no trash cans at Taylor
Point.

Councilor Murphy: Someone approached me to be asking to be the
representative to New Visions for Newport County.
     Clerk: After a history of having difficulty recruiting volunteers to
serve in that capacity, then not being able to retain them once appointed,
Council voted on December 9, 1996 to advise New Visions that they
requested that Jamestown's representation be eliminated until further
notice; we received no response to that letter.
     Motion by Councilor Dolce, seconded by Councilor Murphy to
reestablish the representation and to advertise one vacancy.
     So unanimously voted.

Ms. MacGregor-Brown: I remind Council that the public has lost confidence
in the effectiveness of closed sessions; it is real important that Council
rejuvenate and give new credence to closed door sessions; if you have one
every time you meet, you loose public confidence.
     Mr. Allphin: Tonight there was a call to enter executive session for
litigation and the case was named. Solicitor: I gave Council a
confidential report on 15 items of pending litigation tonight; we have 17
active cases.
     Councilor Murphy: I do not like executive sessions; I will be a
watchdog to make certain it meets the letter of  the law; I will not
discuss anything that does not meet a strict interpretation of the law.

  EXECUTIVE SESSION

Motion by Councilor Wright, seconded by Councilor Pease to adjourn to
executive session at 11:33 PM.
     So unanimously voted. Council returned to regular session at 11:56
PM. Motion by Councilor Pease, seconded by Councilor Murphy to seal the
minutes of the executive session to the public. So unanimously voted.

  ADJOURNMENT

There being no further business before Council, motion by Councilor
Wright, seconded by Councilor Dolce to adjourn the meeting at 11:57 PM.
     So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk