TOWN COUNCIL
  JAMESTOWN, RHODE ISLAND
  August 25, 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 Vice President
David E. Dolce. The following members were present:
  William H. Murphy
  Fred F. Pease
  Ellicott Wright
(Absent: Council President Craig A. Amerigian)

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
  Samuel Patterson, Harbor Master
  Quentin Anthony, Esq., Town Solicitor

  AWARDS, PRESENTATIONS AND ACKNOWLEDGEMENTS

Motion by Councilor Murphy, seconded by Councilor Pease to ratify letters
of condolences sent to the families of Kenneth Pfetzer and David Norton.
     So voted.

  CONSENT AGENDA

Councilor Murphy requested removal of item #1.
     Motion by Councilor Murphy, seconded by Councilor Dolce to approve
the remainder of the consent agenda.
     So unanimously voted. The amended consent agenda consisted of:
2)   Bills and payroll
3)   Copies of meeting minutes of Boards and Committees
  a) Conservation Commission (01/97 - 07/97)
  b) Harbor Management Commission (06/11/97)
     i) Attendance record    
4)   Coastal Resources Management Council notices
  a) Corrected Notice of Assent: Edward F. Burke to construct and maintain
a residential boating facility (Plat 2, Lot 94; 30 Collins Terrace)
  b) Maintenance Certificate: Nicholas Schaus et al to construct
maintenance repairs to an existing vertical concrete riprap seawall (Plat
9, Lot 322; 57 Walcott Avenue)
5)   Resolutions from other municipalities re: Third Rail Improvement
Program
  a) Town of North Smithfield
  b) Town of Exeter

1)   Adoption of Council minutes: 08/12/97 (regular meeting): Councilor
Murphy: On page 4, paragraph 3 entitled Parking Committee, the first
comments were made by me, not Council President Amerigian.
     Motion by Councilor Murphy, seconded by Councilor Dolce to amend the
minutes as noted. So unanimously voted. Motion by Councilor Murphy,
seconded by Councilor Wright to accept the minutes, as amended. So
unanimously voted.

  OPEN FORUM

1)   Scheduled Requests to Address: (none)

2)   Non-Agenda Requests to Address:
Donald Richardson: During the storm on August 21, the hole in the wall at
the end of Bryer Avenue was closed; it is usually opened during
emergencies to route traffic through Shoreby Hill; motorists had to go up
to Carr Lane to get back into Town.
     Ms. Shocket: It was open. Chief Christman: It was open, but there was
such a log jam, fire apparatus could not get through; that is supposed to
be for emergency access only.
     Ms. Shocket: Conanicus Avenue was closed off for about 1.5 hours
during high tide.
     Councilor Dolce: It is up to the judgement of the police department
and public safety director.
     Mr. Richardson: The Council had an agreement with Shoreby Hill to
open it for public access. Councilor Murphy: I agree with Councilor Dolce.

  REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
Additionally:
Water Level: The reservoir is down 36.5" today; I would recommend waiting
until after Labor Day to remove any restrictions.

Opening of Transfer Station on Monday holidays (continued from 08/12/97):
Motion by Councilor Wright, seconded by Councilor Dolce to make no change
in the transfer station schedule. So unanimously voted.

Parking Committee: Councilor Murphy: Meeting at 8:00 AM is not possible
for me and at least one other member.
     Ms. Shocket agreed to discuss it with him.

Filming of "Rum Runner" at Fort Wetherill (continued from 08/12/97): Paul
Madden (producer): I met with the executive  committee of the Fort
Wetherill Boat Owners Association (FWBOA), with two more meetings
scheduled with them this week.
     Ms. Shocket: Richard Hutchinson verbally communicated with me
regarding his questions of ownership of the face of the pier at Fort
Wetherill; the pier itself is owned by the state.
      Councilor Wright: The neighbors seem in agreement with the project;
I want to know if FWBOA is also.
     Mr. Madden: I have spoken to Conanicut Marine Services for facilities
to accommodate displaced boaters, as well as providing facilities back in
the basin in the event of a storm; the director may also want some pilings
removed; we will not take them out unless we have permission to put them
back in; we are working on removal of the floats.
     Mr. Patterson: I am concerned about the  commercial fishermen; there
are lobstermen; their gear will be in the water, but they need a place to
operate from; they have not yet been spoken to.
     Richardson C. Smith (RI Film Commission): I have spoken to Richard
DeSalvo twice and he is also working on the film Meet Joe Black; he is a
commercial operator and has had a very favorable reaction.
     Councilor Murphy: As long as they are not hurt financially, I support
it. Mr. Madden: I have spoken to 2 of the 4 commercial operators; all
parties must agree before we can begin.
     Councilor Dolce: Have you requested any zoning relief (construction,
lighting, noise)? Mr. Smith: No; they will be working 16-hour days.
Councilor Dolce: What about traffic and crowd control? Mr. Smith: That is
being addressed, and will be at our expense.
     Mr. Madden: We will provide the Town with copies of our liability
insurance naming the neighbors and Town as insured parties.
     Chief Christman: I want to make sure we have room to do any emergency
maneuvers which become necessary.
     Councilor Murphy: Keep the fire department apprised. Mr. Madden: We
will show them our plans.
     Motion by Councilor Wright, seconded by Councilor Murphy that the
Town permit the filming company to use Town land at Fort Wetherill to be
completed by December 31, 1997, with the set to remain until February 28,
1998 for the filming of Rum Runner, subject to a satisfactory agreement.
     So voted by 3 in favor, none opposed and Councilor Pease abstaining.

Zoning application of Wireless PCS, Inc. (dba AT&T Wireless Services) for
flagpole/antenna (continued from 08/12/97): Ms. Shocket: The Town was
notified as an abutter; I spoke with RIDOT's real estate division; if this
structure were placed on the Town's ballfield instead, we would need the
concurrence of the property owners that were involved in developing the
deed restrictions for the ballfield property; if that was obtained, we
would still not be able to derive any income from it, due to restrictions
on the property; if this zoning application goes forward on the State's
property, we will put up repeater antennae on the pole for our police and
fire departments to help eliminate dead zones.
     Councilor Wright: The consideration of putting it at the ballfield
was not just income, but aesthetics.
     Richard Allphin: The application is for State-owned land; can't they
do what they want? Ms. Shocket: Their posture is to comply with local
ordinances. Mr. Anthony: Generally, the State is sovereign.

Automobile Damage Claims: Solicitor: The administration sent two car
damage claims to me within the last few days; one vehicle was hit by a
municipal vehicle being driven by Town employee; the other one was down on
Beavertail Road; claims should come to Council; for the next Council
meeting, I recommend they be put on the agenda as claims.
     Ms. Shocket: They usually do go to Council first, but we were
receiving considerable pressure from the owner of the vehicle which was
hit by the Town vehicle to move quickly; the damage to her car is
estimated to be valued at about $1400; she has obtained two estimates and
is currently using a rental car; I would advise Council to consider
dealing with this tonight; our liability is clearer in this situation than
in most; our truck hit a parked car; $1400 is the lower of two estimates
($1409.10 plus car rental); we have a$2500 deductible from our insurer.
Motion by Councilor Pease, seconded by Councilor Murphy to pay up to
$1,600.00 to Jennifer Ouellette of Coventry, Rhode Island upon receipt of
a total release. So unanimously voted.

2)   Report from Solicitor regarding Alder Brook Builders, Inc.'s request
to purchase town-owned property located on Plat 5, Lot 42 (continued from
08/12/97): Mr. Anthony: I wrote a letter to Council; this does not involve
any action.
     Councilor Dolce: We would have to exercise our rights of foreclosure
because there is a tax title; the cost would be prohibitive unless we want
to do multiple lots at once.
     Motion by Councilor Murphy, seconded by Councilor Pease to send a
letter to Alder Brook Builders, Inc. that the Town is not interested in
disposing of this property at this time. So unanimously voted.

3)   Harbor Management Commission (HMC)
a)   Fort Wetherill Boat Owners Association lease: Councilor Wright: HMC's
recommendation is for a one-year renewal; we are approving the use of the
area we lease to them for movie filming, which imposes on them for a
number of months of this agreement.
     Motion by Councilor Wright, seconded by Councilor Murphy to approve
renewal of the lease as presented by the HMC from September 1, 1997
through August 31, 1998.
     So voted by 3 in favor, none opposed and Councilor Pease abstaining.
b)   Term limits memorandum: Motion by Councilor Wright, seconded by
Councilor Murphy to accept the response for the file.
     So unanimously voted.

  UNFINISHED BUSINESS

(Mr. Anthony removed himself from the Council table.)

1)   Boston Avenue status: (Letter from James F. Hyman, Esq.): Mr. Hyman:
I served as the Town Solicitor in 1980s; at that time, the policy of the
Town regarding road closings was that the Town had no interest, unless the
road was to a significant waterway; in the case of Sharpe v. Wilbur, it
involved Boston Avenue; there have been innumerable road closings on the
Conanicut Park plat of 1873 over the years; Earle and Shirley Sharpe
brought a civil complaint against certain members of the plat in a class
action suit, as well as the proximate owners to Boston Avenue; the Town
was also served; the Town never accepted a conveyance regarding this road,
nor did the Town maintain it; therefore, the Town abstained, and a
Superior Court judgement closed the road; the general result of these
actions is the property owners get the road abutting their property to the
center of that road.
     Ms. Shocket: Lot 366 appears on the Assessor's Plat 1; does the Town
have any responsibility to maintain access to that lot? Mr. Hyman: Only if
the Town had accepted the road; it is a paper road; the Town did not
create the lot; the Tax Assessor's identification of the lot is for tax
purposes only; the judgement may not be effective against some people if
they were not served; the Town was served; if people on the north side of
Boston Avenue were not included in the suit, the Court did not have
jurisdiction over it; the Town did not deny that it never accepted Boston
Avenue and that it was never conveyed to the Town; the Town has no
municipal ownership interest in it; it had a potential right to regulate
it, but never did by acceptance or maintenance; the policy of the Council
at that time was unequivocally that the Town would not exert any interest
unless it was to a significant waterway; I did not investigate the
ramifications of this particular decree; I am only responding to the
Town's intentions regarding that suit when I was Solicitor.
     Elizabeth Delude-Dix: I own the northern half of Boston Avenue to the
centerline; I would appreciate Council sticking to the question: does the
Town have a municipal interest in Boston Avenue? When posed in the past,
the answer was no.
     Councilor Wright: We still do not have any indication that te Town
has an interest in Boston Avenue; I suggest Mr. Rotman go through zoning
or other commission or bring evidence that this is something we should be
involved in.
     Mr. Hyman: The suit only called for the southern half of Boston
Avenue, and that is all that was addressed. Boris Rotman: Between the
prior owners of my property and me, we have paid taxes on the southerly
half of Boston Avenue for 17 years; the northerly portion remained
unmerged and was treated as a public road; the prior owner of Ms.
Delude-Dix's property removed a parked car from there when I requested it;
if they want to make it a lot, either return the taxes I have paid or ask
Ms. Delude-Dix to go to court, quiet the title and pay the taxes; that
area has not been claimed until 4 to 6 months ago; I asked her to move a
vehicle then and she refused. Ms. Delude-Dix: A registered land surveyor
and my attorney have advised me that the center line of Boston Avenue is
the property line that divides these two properties; plat maps are not an
indication of ownership; Mr. Rotman's survey says the same thing as mine.
Mr. Hyman: I did not understand the depth of the dispute; the forum for
this is Superior Court; this is not a matter for the Council; you have no
jurisdiction to handle property disputes; the remedies for tax disputes
are also before the Tax Assessor, the Tax Assessment Board of Review and
Superior Court.

2)   Spencer Potter vs. Town of Jamestown (Response from James F. Hyman,
Esq.): Motion by Councilor Murphy, seconded by Councilor Wright to appoint
James A. Hyman, Esq. as special counsel for this case. So unanimously
voted.

(Mr. Anthony returned to the Council table.)

  COMMUNICATIONS

1)   Letter from Mrs. Carl T. Vauros re: street lighting (Mast Street):
Motion by Councilor Wright, seconded by Councilor Pease to refer the
request to the street light committee. So unanimously voted.

2)   Letter from Kay Worden re: filming of "Rum Runner" at Fort Wetherill:
Motion by Councilor Wright, seconded by Councilor Murphy to accept the
communication. So unanimously voted.

3)   Letter from Barbara Hamilton Porter re: removal of underbrush on Town
property: Ms. Porter: I am seeking permission to clear 5 feet of
underbrush on the Town's property north from the stone wall at the rear of
my property.
     Councilor Wright: I am concerned about any deed restrictions there
might be and the provisions of the lease.
     Ms. Shocket agreed to investigate. Ms. Porter: There were also two
trees lost during last week's storm; I only want the  underbrush removed;
I will pay for it, if approved; I need approval to get the equipment in
there to remove the tree that fell on the stone wall and into my property.
     Motion by Councilor Pease, seconded by Councilor Dolce to grant
permission to clear not more than five (5) feet north of the stone wall,
pending the Administrator's confirmation that there is no conflict with
the lease or deed restrictions. So unanimously voted.

4)   Letter the Jamestown Ambulance Association re: future renovations to
the ambulance building on Knowles Court: Motion by Councilor Murphy,
seconded by Councilor Pease to place this matter on the September 8
agenda. So unanimously voted.

  NEW BUSINESS

1)   Letter from retired employees re: health care coverage: (Elizabeth T.
Littlefield and Therese M. Poisson present.) Ms. Poisson: I am still on
the payroll until October.
     Ms. Littlefield: I called all the numbers supplied in the notice of
cancellation letter; all parties said we should try to obtain coverage
from the Town; if we were not already part of State system, we would have
made arrangements; all municipal employees have been dropped; apparently,
legislation would have to be amended to allow municipal employees to
reenter under the State coverage; we are willing to pay the premium, but
would like the group rate; Blue Cross will not even quote me individual
rates until the State drops me and notifies them in writing that that has
been done; we will be dropped in September; I currently pay $218 monthly,
which is deducted from my check before the State sends it to me; I was
told verbally by Blue Cross that they will "back us up" and we can pay
retroactively to the date they did so.
     Councilor Pease: Our rates are determined by experience (number of
claims).
     Ms. Shocket: I do not know what the impact would be; it has been
discussed among the municipal managers; I am concerned about the possible
impact on our group rate; if the experience of the  group changes, the
rate for the entire group goes up; municipalities I spoke to are not
intending to take their retirees on; the statute provides for State
employees and teachers; municipal employees are not mentioned, so now are
being excluded. Councilor Dolce: I would like to see the State address
this; giving you assistance may help you short term but not in the long
run. Ms. Shocket: Retirees 65 years old and older are covered; Alfred
Vietri and Ms. Poisson are eligible for COBRA benefits, so this would
leave Ms. Littlefield and Thomas Vietri without coverage. Motion by
Councilor Wright, seconded by Councilor Pease to accept these four
petitioners into our health coverage program for a period not to exceed
four (4) months to be reviewed and discussed at a later date.
     Ms. Shocket: Two of those employees can purchase plans through the
Town under COBRA, as far out at 18 months after they left service.
     Councilor Wright withdrew his motion.
     Motion by Councilor Wright, seconded by Councilor Pease to allow
Elizabeth T. Littlefield and Thomas Vietri to pay for their health
coverage through the Town for a period not to exceed four (4) months.
     So unanimously voted. Motion by Councilor Murphy, seconded by
Councilor Dolce to send letters to the RI League of Cities and Towns,
Senator M. Teresa Paiva-Weed and Representative George Levesque, the
Municipal Employees' Retirement System of the State of Rhode Island and
Governor Lincoln Almond expressing disappointment at the new policy and
encouraging them to pass legislation to reverse the policy.
     So unanimously voted.

  ADJOURNMENT

There being no further business before Council, motion by Councilor Pease,
seconded by Councilor Wright to adjourn the meeting at 9:25 PM.
     So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk