August 12, 1997

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:35 PM by Council President Craig
A. Amerigian. The following members were present:
  William H. Murphy
  Fred F. Pease
  Ellicott Wright
(absent: David E. Dolce, Vice President)

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
  Quentin Anthony, Esq., Town Solicitor


Former Police Officer Kenneth Pfetzer: Motion by Councilor Murphy,
seconded by Councilor Wright to send a letter of condolences to Mr.
Pfetzer's widow and family, and to express thanks for his years of service
to the Town. So unanimously voted.


1)   Application of Hospice Care of RI for a Class F-1 (19 hour; full)
Alcoholic Beverage License (09/13/97 at 994 Fort Getty Road;
not-for-profit organization): Councilor Wright left the Council table due
to a possible conflict of interest.
     Motion by Councilor Murphy, seconded by Councilor Pease to approve
the request contingent upon obtaining signatures of all appropriate local
officials. So unanimously voted. Councilor Wright returned to the table.


Motion by Councilor Pease, seconded by Councilor Wright to approve the
consent agenda as presented. So unanimously voted. The consent agenda
consisted of:
1)   Adoption of Council minutes:
  a) 07/14/97 (regular meeting)
  b) 07/28/97 (regular meeting)
2)   Bills and payroll
3)   Copies of meeting minutes of Boards and Committees
  a) Planning Commission (06/30/97 & 07/16/97)
4)   RI Department of Environmental Management notices
  a) Insignificant Alteration-Permit: E. Dorsey Milot for proposed single
family 3 bedroom dwelling, ISDS, driveway, subdrain and utilities (Plat
10, Lot 71; Blueberry Lane)

  b) Insignificant Alteration-Permit: Ellicott Wright et al for proposed 3
lot residential subdivision including driveways, ISD Systems and utilities
(Plat 12, Lots 41, 42 and 166 & Plat 11, Lot 14; Beavertail Road)
5)   Meeting notice from Newport Hospital (08/14/97, 08/18/97, 09/04/97 or


1)   Scheduled Requests to Address
a)   Richardson "Rick" C. Smith, Executive Director, RI Film Commission
(Press release distributed): We are raising the concept of filming a movie
(Rum Runner) at Fort Wetherill; 3 buildings are controlled by the state,
but your building is in better condition; this would be an independent
Hollywood feature length film; we are trying to explore ideas and make
sure we would be welcome; in general, there is a great economic benefit to
the community that hosts the filming.
     Ms. Shocket: I have met several times with Mr. Smith and the
producer, including once with Mr. Goslee; we can relocate the highway
department; most equipment servicing could be done at in the police
station sally port; we would expect to be reimbursed for any costs
incurred; I have spoken to the merchants, community theater and school;
all are excited by the prospect; the last movie filmed here (Wind) was
very well received and a positive experience.
     Paul Madden, Producer: Our story has one episode of gunfire, to be
shot out at sea; we will recreate a 1929 fishing village as the central
set for the film.
     Mr. Smith: This is a low budget, independent feature. Mr. Madden: I
met with Duncan Laurie, the nearest neighbor, who was very positive; we
would want access to the site beginning in September to begin set
preparation; actual filming would be in  November and December; we would
need the Town to vacate the premises from October through December; we
would leave the exterior set standing  for 2  months after that in case
editing requires any additional shots; our budget includes compensation
for the Town.
     Ms. Shocket: If we need access to sand and salt, we could probably
get it with couple hours notice.
     Councilor Pease: I think we want the facility back for snow plowing
     Council President Amerigian: As long as it is understood that
extraordinary weather could require our use of the property, I do not see
     Mr. Madden: If we could come to an agreement within 2 weeks, that
would be fine.
     Ms. Shocket: I have already given Mr. Smith the contact name and
telephone  number for the Fort Wetherill Boat Owners Association, and the
names of 4 private boat owners who would be affected; Messrs.
     Smith and Madden are working on it.
     Council consensus: Further confirmation of assent from the affected
neighbors and boat owners is needed; Ms. Shocket to coordinate. Motion by
Councilor Murphy, seconded by Councilor Wright that Ms. Shocket act as the
focal point for the movie group, make contact with neighbors and boat
owners and report back at the August 25 meeting.
     So voted by 3 in favor, none opposed and Councilor Pease abstaining.

b)   Edwin Connelly re: fund raising campaign re: Jamestown Community Band
On August 24, we are  scheduled to have a concert at Veterans Memorial
Square as part of the recreation department's summer music schedule; the
band is only 5 years old, consisting of all volunteers; we would like the
event  to be a fund raiser for the purchase of uniforms and additional
music; we have been soliciting and gaining sponsorship; we are seeking
Council's permission to conduct a fund raiser, if necessary; Spinnaker's
is willing to loan us their pushcart and donate supplies to sell Del's
frozen lemonade; we have about 10 concerts per year and are a
not-for-profit 501C3 organization.
     Motion by Councilor Murphy, seconded by Councilor Wright to grant the
request of the Jamestown Community Band for victualing, Sunday sales and
peddlar licenses and to waive the fees, contingent upon completing the
required documents and obtaining signatures of all appropriate local
     So voted by 3 in favor, none opposed and Councilor Pease abstaining.
     Mr. Connelly: In another capacity, the Veterans Memorial Square
Committee wants the Council to know that it has not used a drop of
municipal water to maintain the lawn at the square since the water crisis
began; with the help of the fire department, we have maintained the turf
with 15,000 gallons of water, which we are paying for; some comments have
made about public watering, and we have not used any town water.
     Councilor Wright: Consider writing a letter to the press.

2)   Non-Agenda Requests to Address:
M. Boris Rotman: I submitted a letter dated August 11 regarding the Town
Solicitor's conflict of interest.
     Councilor Wright: We just got your communications and would like time
to read them.
     Mr. Rotman: Mr. Anthony did not previously publicly state that he
represented Elizabeth Delude-Dix.
     Council President Amerigian: The material he provided originated from
Jamestown's previous solicitor and court documents of the person you
purchased your property from; the documents state that the Town decided a
long time ago that it did not have an interest in Boston Avenue.
     Mr. Rotman: I am asking the Town to protect its residents; I am also
asking my neighbor, Ms. Delude-Dix, to reinstall the "No Parking - Fire
Lane" signs until this issue is resolved; Mr. Anthony has a conflict of
interest; it is not fair to put me in this position; he should not
participate in either capacity.
     Mr. Anthony: I represented Ms. Delude-Dix long before coming to this
Council; James F. Hyman, Esq. represented the Town when the Town was sued;
my letter to the Council explained my role and predates Mr. Rotman's
letter to Council; Mr. Hyman's letter speaks for itself. Councilor Murphy:
Put this on the agenda for August 25 so we have more time to consider it.
     Mr. Rotman: On May 9, I sent Ms. Delude-Dix a letter which she did
not answer; did Mr. Anthony know of that letter? I Believe there is a
serious conflict of interest.
     Council President Amerigian: Table this until August 25 and ask Mr.
Hyman to be present at that time.
     Councilor  Murphy: I would ask Ms. Delude-Dix to make a good faith
effort to keep that area open until this is resolved.

Elizabeth Delude-Dix: The question is, does the Town have a municipal
interest in this property? From the information I received from a
professional land surveyor, it is clear that it does not; this  came up
about 16 years ago and was answered then; my survey says I own to the
center of Boston Avenue and Mr. Rotman says the same thing; I have been
living there since 1990; these properties have been inhabited by both
parties for about 6 years; all this activity is being generated by my
having had a survey done.

Adolphe Salaun: I have a problem with closing the transfer station on
Monday holidays; especially in the summer, I would appreciate it if it
could be open Monday holidays.
     Mr. Goslee: Monday holidays probably occur about 8 times per year; at
 8 hours of  overtime pay each day, that would be about $1,600 for the
     Council President Amerigian: The facility is open both weekend days,
and that is convenient for most.
     Motion by Councilor Wright, seconded by Councilor Pease to refer the
request to the Administrator for a report on August 25.
     So unanimously voted.


1)   Town Administrator's report (attached hereto)
Water Supply: This afternoon, the reservoir level was down 35.5'; on
August 9, 1996, it was down 20"; on August 15, 1995, it was down 58" and
at this time in 1993, it was down 82".

Road Oil: Motion by Councilor Pease, seconded by Councilor Murphy to award
the road oil bid to Allstate Asphalt as the sole bidder at $1.35 per
gallon, subject to compliance with the bid specifications.
     So unanimously voted.

Motion by Councilor Murphy, seconded by Councilor Pease to approve sending
a letter to the RI League of Cities and Towns in the suggested form,
advising of Jamestown's intention to participate in the formation of the
Rhode Island Energy Aggregation Program (RIEAP). So unanimously voted.

Board of Water and Sewer Commissioners: Due to anticipated absences,
motion by Councilor Wright, seconded by Councilor Pease to rescheduled the
August 18 meeting to Wednesday, August 20 at 7:30 at a site to be
determined. So unanimously voted.

Councilor Murphy inquired about Church Community Housing.
     Ms. Shocket: I will follow up; the condemned houses from the Route
138 project were going to be given to us for affordable housing; I just
found out last week from the Federal Highway Administration that that is
not to be the case.

Parking Committee: Council President Amerigian: We need to schedule an
inaugural meeting; the Jamestown Ambulance Association should be invited
to participate.
     Ms. Shocket: Chief Tighe has a list of members; we will send out a
memorandum, including one to the Planning Commission, which has not yet
chosen its representative.
     Councilor Murphy: We should include one or two at large residents.
     Motion by Councilor Murphy, seconded by Council President Amerigian
to advertise  for two positions for concerned citizens to be members of
the parking committee. So unanimously voted.

2)   Copy of Memorandum from the Planning Commission re: Comprehensive
Plan Citizens Survey: Motion by Councilor Pease, seconded by Councilor
Wright to accept the communication. So unanimously voted.

  (all continued from 07/28/97)

1)   Letter from M. Boris Rotman and Rosario Guzman-Rotman re: potential
hazardous situation on Boston Avenue
  a) Copy of letter from the Town Clerk to M. Boris Rotman, Rosario
Guzman-Rotman and Elizabeth Delude-Dix
        b) Response from M. Boris Rotman and Rosario Guzman-Rotman (to be
submitted 08/12)
Motion by Councilor Wright, seconded by Councilor Murphy to accept the
correspondence. So unanimously voted.

(J. Christopher Powell, Conservation Commission chair arrived at this

2)   Report from Town Solicitor regarding Amended Consent Agreement re:
Quattrocchi: Mr. Anthony: I was authorized to perform services not to
exceed $1,500, and report to you at that point; because of summer
schedules and vacations, there has been some delay; I have met with 9 or
10 people and have looked at various Town documents, more may exist; I
have exhausted the $1,500, but there are 1 or 2 interviews yet to be
conducted; I am trying to establish the factual background of this matter;
once done, I can apply the law to the facts and see where that leads; if
you want a full blown report with options available and consequences of
those options, you should create a budget of at least another $3,500.
     Councilor Wright: We asked you to look at the  legality of the
     Mr. Anthony: It is not a contract, but rather, an order of the court.
Council President Amerigian: Can you summarize in a letter what you have
so far? Mr. Anthony: I could, but it would not be particularly instructive
to you; what you are looking for is an opinion on whether the court order
is binding on the Town; that is a far different question from what I have
done; the next step would be to research the law to determine avenues
available to the Town.
     Councilor Murphy: We are still looking for options and ramifications.
     Mr. Anthony: I cannot quantify until I look at the law; facts are
different from law.
     Councilor Pease: If it is not likely that the Town would be held to
that decision for subsequent  requests, I would have to think hard about
spending more money on this.
     Mr. Anthony: I anticipate needing an additional $3,500 to get a
report indicating the legality of the amended consent judgement, the
likelihood that it could be reversed and the consequences of pursuing such
an option; that will not include an estimate of the cost of litigation;
there are some time constraints.
     Motion by Councilor Wright, seconded by Councilor Pease to continue
this matter to September 8 for full Council consideration.
     So unanimously voted.

3)   Jamestown Shores parking concerns: Motion by Councilor Pease,
seconded by Councilor Murphy to table this matter [no date specified].
     So unanimously voted.

4)   Letter from James Donnelly, Esq. re: Spencer Potter vs. Town of
Jamestown: Motion by Councilor Murphy, seconded by Councilor Pease to
accept the communication.
     So unanimously  voted. Motion by Councilor Pease, seconded Councilor
Murphy to ask James F. Hyman, Esq. to serve as special counsel on this
case, specifically calling his attention to the possible conflict cited in
Mr. Donnelly's letter. So unanimously voted.

5)   New pole (2) location request from Eastern Utilities/Newport Electric
Corporation (Fort Wetherill Road): Councilor Murphy: I do not support
stringing lines overhead if they are currently underground.
     Motion by Councilor Pease, seconded by Councilor Murphy to approve
the request as long as there is no substantial increase in the amount of
overhead wires, as determined by the Public Works Director.
     So unanimously voted.

Mary Greene: Did the Administrator look into flower gardens on sidewalks
(supplied newspaper article regarding fines for the same activity in
Newport)? Ms. Shocket: I looked at five streets; we need to clarify what a
sidewalk is;  in those areas, some plantings are absolutely in the right
of way, some are long established; we ordinarily do not interfere with
plantings in the right of way unless they cause obstruction; Mr. Goslee
said there was a proposed ordinance amendment in 1989 regarding rights of
way which might have addressed this, but it did not pass; most people
maintain the public right of way in front of their property, although
there may not be an obligation to do so; Councilor Wright asked me to
develop a policy; I planned to use this document as a basis; it is going
on all over town; we are vigilant where there is a paved sidewalk; there
are a tremendous number of bushes and hedges which force pedestrians into
the street.
     Mr. Powell: The proposed tree ordinance has a whole section on it.
[Council President Pease left the meeting at this point;  9:25 PM].
     Councilor Wright: We should postpone this until we get further


1)   Letter from the RI Department of Environmental Management re:
Priority Determination System for Water Pollution Abatement Projects and
Draft Project Priority List for State Fiscal year 1998: Mr. Goslee: This
involves low interest loan projects; to get on this list you need a new
facilities plan; the cheapest plan we have seen costs $30,000; it is part
of the State revolving loan funds.
     Ms. Shocket: We have already approached by them but we do not have a
facilities plan, which is a minimum requirement; the interest rate on the
loans is a point or two below prime rate.
     Motion by Councilor Murphy, seconded by Councilor Wright to accept
the communication. So unanimously voted.

2)   Letter from Susan Hoagland re: damaged well: Mr. Goslee: The original
installation of the well was not done properly.
     Motion by Councilor Wright, seconded by Councilor Murphy to refer the
communication to the Solicitor. So unanimously voted.
3)   Letter from Paul Levesque re: Potter's Cove, Jamestown Playground,
Beavertail State Park, Fort Wetherill State Park and water: Motion by
Councilor Wright, seconded by Councilor Murphy to accept the
communication. So unanimously voted.

4)   Letter from Barbara and John West re: property lines: Mr. Anthony: I
have represented the Wests, but do not now; they acquired a lot and the
house on it many years ago; it is part of the Conanicut Park plat; they
then acquired an interest in a paper road as a result of a Superior Court
action; as it turns out, their house is located on the paper road.
     Mr. West: We bought the house with the understanding that it was on
lot 840;  we and our neighbors petitioned to close the road; after that
was done, we had a survey done and were shocked to find our house on
another's lot.
     Council President Amerigian: The real problem is when the Town
combined lots through zoning.
     Mr. Anthony: The Zoning Board of Review has the power to grant
variances and can impose conditions; it  is in the position to hear the
petition so they can divide this off and be left with the property they
     Mr. West: We are in contention with our neighbor (Robert Keough); we
are and have been paying the taxes on it.
     Councilor Wright: I suggest you go through the zoning process and
come back to us if it is not resolved. Mrs. West: We have had legal
counsel for two years; the first lawyer spoke to the Tax Assessor and
tried to solve it; I spoke to the Town Planner, but he could not help.
     Mr. West: A group of owners in the past shifted lot lines to the west
and juggled them until a house was built on a paper road; the Town should
have stopped them; my neighbor will not accept my quitclaiming the lot to
him without giving him an extra strip; he knows we are suffering under a
tax burden.
     Mr. Anthony: If the Wests are allowed to divide these lots that have
merged, they can let the other one go at tax sale.
     Mr. West: We are presently without legal representation. Motion by
Councilor Wright, seconded by Councilor Murphy to refer to the Wests to
the Zoning Officer for assistance in preparing a zoning variance
application, and to send a copy of these deliberations to Robert Keough.
     So unanimously voted.

5)   Copy of grievance from the International Brotherhood of Police
Officers re: Officer Ronald Marcos: Motion by Councilor Murphy, seconded
by Council President Amerigian to accept the communication.
     So unanimously voted.


1)   Review Council Rules and Procedures: Councilor Wright: We should
defer this until the rest of Council is here.
     Mr. Anthony: The Clerk is keeping detailed minutes; they are more
detailed and comprehensive than ever in the history of the island;
traditionally, minutes reflect motions and votes; there is historical
benefit, but it is taking the Clerk a tremendous amount of time to prepare
them, and it is completely beyond the requirement of the law.
     Council President Amerigian: Table this.
     Ms. Donovan: I will submit a memorandum to Council on the subject for
a future meeting.

2)   Letter from Alder Brook Builders, Inc., owner of Plat 5, Lot 400 re:
request to purchase town-owned property located on Plat 5, Lot 42
a)   Copy of policy on disposal of municipal properties
Ms. Shocket: If Council wants to dispose of this property, it should be
offered to all three abutters; restrictions are stated in the policy; this
should be referred to the Solicitor; at the very least, taxes have to be
settled. Motion by Councilor Wright, seconded by Councilor Murphy to refer
this to the Solicitor for research and response to Council.
     So unanimously voted.

3)   One-day license applications:
Applicant        Type        Location    Date
Jamestown Yacht Club   Peddlar     East Ferry Beach  08/23/97
Motion by Councilor Murphy, seconded by Councilor Wright to approve the
request, subject to obtaining the signatures of all appropriate local
officials. So unanimously voted.

Applicant        Type        Location    Date
#Jamestown Rotary Club Peddlar     East Ferry Beach  08/23/97
# "        Victualing        "          "
# = requests waiver of fees
Motion by Councilor Murphy, seconded by Councilor Wright to approve both
requests and waive the fees, subject to obtaining the signatures of all
appropriate local officials.
     So unanimously voted. In accordance with Mr. Powell's verbal request,
motion by Councilor Murphy, seconded by Councilor Wright to allow the rain
date for all three of the preceding licenses to be August 24, 1997.
     So unanimously voted.

Applicant        Type        Location    Date
*Jamestown School 
Classes of 1971 & 1972 Entertainment     Rembijas Pavilion 08/10/97
Motion by Councilor Murphy, seconded by Council President Amerigian to
ratify the issuance of this license as granted by a majority of the Town
Council on August 7. So unanimously voted.

Zoning Variance Application of Wireless PCS Inc. dba AT&T Wireless
Services: Mr. Powell: What is Council's feeling on the proposed 75' flag
pole/antennae at the pumping station at the corner of North and Tashtassuc
Roads near the Route 138 overpass? It is on the Zoning Board's agenda for
August 26; the Town worked hard to influence the design of those buildings
to be compatible with the community and the environment.
     Chief Christman: They have not even allowed inspection of the
buildings, as required by law.
     Ms. Shocket: I have a picture of the proposal that I can show Council
members; the new ball field was considered as a site; the flag pole would
be acceptable, but the maintenance outbuilding may not, according to deed
restrictions; I will speak to RIDOT and Mr. Grady. Motion by Councilor
Murphy, seconded by Councilor Wright that the Administrator research and
report to Council on August 25. So unanimously voted.


There being no further business before Council, motion by Councilor
Murphy, seconded by Councilor Wright to adjourn the meeting at 10:09 PM.
     So unanimously voted.


Theresa C. Donovan, CMC
Town Clerk