TOWN COUNCIL
  JAMESTOWN, RHODE ISLAND
  JUNE 2, 1997

A special meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue at 7:30 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:
  Theresa C. Donovan, CMC, Town Clerk
  Steven J. Goslee, Public Works Director
  Arthur J. Christman, Fire Chief
  James A. Donnelly, Esq., Town Solicitor
(Absent: Frances H. Shocket, Town Administrator)

  UNFINISHED BUSINESS
  (Continued from May 19, 1997)

Town Solicitor: Council President Amerigian: I have reviewed the
applications; I would like to get a resident, who is also involved in the
Town and affected by the decisions made; after careful review, I concluded
that Quentin Anthony, Esq. is the  most qualified  individual. Councilor
Wright: Mr. Anthony is very qualified, especially if he brings the firm
with him; six years ago, I suggested he stay on as our solicitor for the
sake of continuity; I similarly suggest Mr. Donnelly stay on until we are
underway.
     Councilor Murphy: I established criteria of what I would like in a
solicitor; when I then reviewed the applications, I did not find what I
expected, but did see the advantage of hiring a firm; I lean toward Mr.
Anthony because of his 12+ years as solicitor.
     Motion by Councilor Amerigian, seconded by Councilor Dolce to appoint
Quentin Anthony, Esq. as Town Solicitor. Council President Amerigian: In
addition to his experience and long standing in the community, he brings
not only professional acumen to support the Council, but a strong personal
commitment and concern for the same ideals; during Mr. Anthony's tenure,
there were very few executive sessions; I would like this Council to adopt
a more open style of government and his demonstrated style supports that.
     Councilor Pease: I thought that we discussed a budget cap and rate
and that those were criteria in our selection.
     Council President Amerigian: I spoke to Mr. Anthony; he said in
thirteen years he had always stayed within the budget; I reviewed that and
found it to be true with the exception of certain instances of litigation;
he assured me that he could work within the budget.
     Mr. Murphy: That particular commitment was missing from most letters
of interest; the basic rate for an individual was $70 per hour, with firms
at $100 per hour; Sheffield and Harvey's basic rate of $100 is in concert
with most of the responding firms.
     Councilor Pease: I was hoping the applicants would be present to
discuss these type of particulars; our early discussion focused on how
much it would cost; Mr. Anthony's quote is almost twice as much as what we
have been paying.
     Councilor Murphy: I assume it would be subject to negotiation.
     Councilor Amerigian: I suggest we table the motion until Mr. Anthony
can come in.
     (Councilor Wright then called Mr. Anthony.) Richard Allphin: Please
make clear to whomever you appoint that we have a Zoning Board of Review
Meeting tomorrow night at which we desperately need a solicitor.

Probate Judge: Councilor Wright: I understand J. Peter McGuirl, Esq. has
done a wonderful job in this position for the last five years.
     Councilor Murphy: I was very impressed with what I have heard of him;
I am comfortable with him.
     Councilor Dolce: Unlike the solicitor's position, we have no direct
contact with the probate judge; I have also heard good things about Mr.
McGuirl.
     Motion by Councilor Murphy, seconded by Councilor Pease to reappoint
J. Peter McGuirl, Esq. as Probate Judge. So unanimously voted.

Town Sergeant: Having been previously appointed as Town Sergeant at a
special Council meeting on May 19, 1997 Charles F. McSoley was sworn into
the position by Council President Amerigian, who then delivered the
official badge to him.

Municipal Facility Tour: Councilor Wright: I have a commitment on June 5
at 7:00 PM.
     By consensus, Council agreed to abbreviate the tour as originally
planned by moving Fort Wetherill up to 5:00 PM, followed by the library at
5:30 and concluding at the police station at 6:00; the omitted
destinations, all of which are outdoor locations, will be rescheduled at a
later date; the press corps was invited to join the tour.

  RECESS

Motion by Councilor Pease, seconded by Councilor Murphy to recess at 7:57
PM. So unanimously voted. Mr. Anthony arrived at 8:20 PM, at which time
Council President Amerigian called the meeting back to order.

  UNFINISHED BUSINESS (continued)

Town Solicitor (continued): Councilor Pease (to Mr. Anthony): Would we be
appointing you or your firm? Mr. Anthony: It would be advisable to appoint
the firm; in that way, you would always have representation in the event
of my absence.
     Councilor Pease: In the event of any conflict of an individual, can
another in the firm serve in his/her stead? Mr. Anthony: Having expertise
in various areas is an  advantage of hiring a firm; if one has a conflict,
that is generally imputed to all the others.
      Councilor Murphy: Based on your fee structure, will you be able to
stay within the budget cap? Mr. Anthony: Staying within the Town's budget
depends on what you demand from your legal advisor; if you get in lots of
lawsuits, it would be expected you would exceed the budget; for thirteen 
years while I was Town Solicitor, to my knowledge the budget was not
exceeded during that time; serious or significant litigation will result
in exceeding the budget; you want an enthusiastic solicitor who is being
fairly compensated; it would be my intention to provide legal services as
directed by the Council, including labor negotiations if desired.
Councilor Pease: The total legal budget cap is $85,000 due in part to
expenses paid to an outside labor firm; it should be understood the
solicitor's budget is more like $40,000 not including the labor aspects.

Council allowed the following questions from the audience:

E. W. Sterling Graham, Jr.: Would a replacement from the firm charge at
the same rate? Mr. Anthony: Yes.

Steven M. McInnis: What was the point of advertising and asking for bids
based upon hourly rates and the budget cap; Sheffield and Harvey's quoted
rate for litigation is more than double what we are currently paying, and
50% more for general work.
     Councilor Murphy: We needed to become familiar with what the going
rates were; the hourly rate was taken into account; I understand there is
overhead associated with a firm; would like to see if we could negotiate
the litigation rate down. 

Council President Amerigian: I looked at the budgeted and actual legal
expenses for the last 12 years; during his tenure, Mr. Anthony stayed
within budget all but one year; since then, legal fees have stayed within
the budget only one year; I felt his commitment to stay within the budget
was sufficient and the historical data supports that; it makes sense to
pay for the person we have most confidence in and not make a decision just
on rate; Mr. Anthony's proposal is not inconsistent with other firms that
replied. Motion by Council President Amerigian, seconded by Councilor
Murphy to amend the motion to read "to appoint the firm of Sheffield and
Harvey as Town Solicitor, with the proviso that Quentin Anthony, Esq. will
be the general counsel.
     So unanimously voted. Main motion, as amended, so unanimously voted.
Council President Amerigian administered the oath of office to Mr.
Anthony.

  Adjournment

There being no further business before the Council, motion by Councilor
Murphy, seconded by Councilor Pease to adjourn the special meeting at 8:38
PM. So unanimously voted. (After a brief recess, Council reconvened as a
Board of Water and Sewer Commissioners.)

Attest:

Theresa C. Donovan, CMC
Town Clerk