TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
October 27, 1997

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:32 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
Arthur J. Christman, Fire Chief
J. Christopher Powell, Conservation Commission Chair
Quentin Anthony, Esq., Town Solicitor

AWARDS, PRESENTATIONS AND ACKNOWLEDGEMENTS

1)   Michael McGovern of RI Special Olympics re: Annual Penguin Plunge at
Mackerel Cove beach (01/01/1998): The Penguin Plunge is a marketing event
that is organized and executed by Special Olympics and nets about $25,000
to $30,000 annually; the funds are used for athletic training and events
for special needs children and adults; it draws a large crowd, and we 
coordinate with the police and fire department; we are seeking Council
permission to use Mackerel Cove beach for this annual event; we have used
the Narragansett Cafe for the last 19 years as a point of collection of
donations and pledge dollars, as well as the sale of T-shirts etc. before
and after the event; last year, we supported several local teams and a boy
scout troop; we are open to discussion regarding the costs of police use.
     Ms. Shocket: Concerns raised last year were crowd control, unruly
conduct and the structural integrity of the Narragansett Cafe for the
number of people in attendance; there were no problems with the use of the
beach, but with the peripheral activities.
     Mr. McGovern: We provide additional insurance to the town; we have
volunteers on site, and are responsible for anything that happens at the
beach.
     Daniel Alexander (owner, Narragansett Cafe): The beach and the Cafe
are two different things; the usage of my establishment has been addressed
with the police department; we are not hosting it anymore because we would
have to hire a fire official and limit occupancy to 186; my end of it is
done; I will be open for business and sell tickets to control occupancy;
that may cause a line out the door; we are not hosting the after-Plunge
party; I have met on many occasions with Council and local officials about
this, and I want to be clear that our position is understood.
     Mr. McGovern: We need to collect money somewhere from 10:00 AM until
2:00 PM.
     Lynn Sisson, 83 Mast Street: Some people stayed in the water too long
last year; others partied at the beach.
     Motion by Councilor Wright, seconded by Councilor Murphy that RI
Special Olympics be given permission to use Mackerel Cove beach on January
1, 1998 for its annual Penguin Plunge.
     So unanimously voted. Motion by Councilor Wright, seconded by
Councilor Murphy that the Town Administrator meet with whomever necessary
to work out satisfactory details for the event. So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

Motion by Councilor Pease, seconded by Councilor Wright to advertise the
following license renewal application for hearing on November 24:

        Class A:    East Ferry Liquors, Inc.
                 dba East Ferry Liquors
                 9 Ferry Wharf

So unanimously voted.

CONSENT AGENDA

Council President Amerigian asked that items #2, 5 and #6 be removed.
Motion by Councilor Pease, seconded by Councilor Murphy to approve the
remainder of the consent agenda.
     So unanimously voted. The amended consent agenda consisted of:
1)   Adoption of Council minutes
  a) 09/29/97 (special meeting)
  b) 10/14/97 (regular meeting)
  c) 10/23/97 (special meeting)
3)   Copies of meeting minutes of Boards and Committees
  a) Conservation Commission (09/09/97)
  b) Board of Canvassers (10/15/97)
4)   US Geological Survey report of river levels in MA and RI

2)   Bills and payroll: Council President Amerigian asked Mr. Anthony to
provide more detail on his legal bills.
     Councilor Wright noted two bills for special services had been
received to date, but there had been no bill for regular services for past
5 months.
     Mr. Anthony: We are working on it and will provide monthly bills
thereafter.
     Motion by Councilor Wright, seconded by Councilor Pease to approve
bills and payroll. So unanimously voted.

5)   Resolution of Richmond Town Council re: educational financial
support: Motion by Councilor Murphy, seconded by Councilor Pease that the
Clerk draft a similar resolution similar and forward copies to the other
38 municipalities, Senator M. Teresa Paiva-Weed and Representative George
Levesque. So unanimously voted.

6)   Request of RIDEM for resolution encouraging recycling: Motion by
Councilor Wright, seconded by Council President Amerigian to accept the
communication.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Murphy that the Clerk draft a similar resolution declaring
November 15, 1997 as Rhode Island Recycles Day in Jamestown.
     So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

1)   Request from Fire Chief Arthur J. Christman re: personnel (pursuant
to RIGL 42-46-5(a)(1): Mr. Anthony: I have spoken to Chief Christman and
he has withdrawn his request.
     Council President Amerigian requested an executive session to discuss
collective bargaining strategy pursuant to RIGL 42-46-5(a)(2), and there
was no objection.
     Ms. Shocket: I need to report back to Council regarding the direction
to hire an attorney to consult with Council on the West/Keough property
dispute.
     Mr. Anthony: The names are a matter for open session. Motion by
Council President Amerigian, seconded by Councilor Dolce to enter into
executive session as scheduled to discuss collective bargaining.
     So unanimously voted.

OPEN FORUM

1)   Scheduled Requests to Address
a)   Edwin W. Connelly re: Conanicut Battery: This establishment in off
Beavertail Road was used as a sighting bunker during WWI to protect West
Passage; many scholars consider it the finest battery on the east coast;
DAR petitioned in 1929 to make .5 acre into a shrine; the federal
government owned the land until 1963; the Town then petitioned  to have
17.97 acres turned over to the Town as a historic site and park; required
reporting documentation has been neglected and the site is a mess; the
Conanicut Reserve was divided into house lots, including an easement
across the battery at the bottom of the hill, causing erosion to the
battery; I would like to assist the Town in complying with the
requirements of the historical site and park;  the battery itself will
disappear if we do not work to preserve it; if Council agrees, I would
like to have public forum at the library and see what kind of support I
can get from the people of the town; this is Town land; I would like to
improve it without cost to the Town; this is a serious matter and time is
against us; DAR is very supportive; an archeological survey was done in
1973, and found it to be a 13th century Indian camp site.
     Ms. Shocket: This may involve the use of Town employees. Council
President Amerigian: A workshop may develop plans and a committee.
     Motion by Councilor Wright, seconded by Councilor Dolce to encourage
Mr. Connelly to proceed with his efforts toward preservation of the
battery.
     E. W. Sterling Graham, Jr.: It is a remote location; security might
be a concern.
     Motion so unanimously voted. Mr. Powell: The State will probably have
more trails grants available, which might be of assistance.

(Betty Hubbard, Planning Commission Chair, arrived at 8:12 PM.)

2)   Non-Agenda Requests to Address: (none)

Mr. Anthony: I received a letter from the Zoning Board of Review's Chair;
there is a matter before them with which my office was involved, and the
Board would like special counsel; Richard Allphin is present and he will
be acting Chair at that meeting; I suggest you authorize them to hire an
attorney at competitive rates for that one night.
     Motion by Councilor Murphy, seconded by Council President Amerigian
to allow the Zoning Board of Review to acquire the services of special
counsel at competitive rates for the matter at hand.
     So voted by 4 in favor, none opposed and Councilor Wright abstaining.
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
Additionally:
a)   For Council Consideration
Attorney for West/Keough property dispute: I have spoken to Paul
Martellino, Esq.; he notes that he is a real estate attorney, but does not
litigate.
     Motion by Councilor Pease, seconded by Councilor Murphy to invite Mr.
Martellino to meet with the Council in open session during a future
meeting. So unanimously voted.

Proposed width of Southwest Avenue and Beavertail Road: (dimensions
discussed; no action taken)

Highway barn committee: I will give a composition proposal to Council on
November 10.

Extension of interim Town Planner's contract: Motion by Council President
Amerigian, seconded by Councilor Pease to extend Jane Weidman's contract
up through December 15, 1997 but not to exceed the funds budgeted for that
purpose. So unanimously voted.

Motion by Councilor Murphy, seconded by Councilor Wright to endorse a plan
as outlined in a letter from James Sammons of the Jamestown School to
connect the Jamestown Philomenian Library and school by computer through
Cox Communication with no cost to the Town and with the library's
agreement. So unanimously voted.

Country Club: The Building/Zoning Officer (Frederick W. Brown) said one
unisex handicapped accessible bathroom is acceptable if the space is
shared by the recreation department and a sailmaker as proposed in their
bids; two handicapped accessible bathrooms would be required if the space
is used as a  nightclub; a special use application was filed by the
recreation/sailmaker applicants with the Zoning Board today.

Grinnell Street sidewalk: Mr. Anthony: If emergency in nature, it should
be addressed right away.
     Ms. Shocket will inspect with the highway superintendent October 28.

2)   Planning Commission
a)   Resignation of Lisa Bryer
Motion by Council President Amerigian, seconded by Councilor Pease to
accept Ms. Bryer's resignation from the Planning Commission, effective
October 23, with thanks for her service. So unanimously voted.
b)   Order vacancy(ies) advertised
Following discussion with Ms. Hubbard regarding re-institution of
staggered terms, motion by Councilor Dolce, seconded by Council President
Amerigian to advertise one vacancy for a term consistent with the law.
     So unanimously voted.

UNFINISHED BUSINESS

1)   Proposed Zoning Ordinance revisions (continued from 10/14/97): Mr.
Anthony: I am not ready yet.
     Mr. Allphin: It has been almost 2 years now since the first proposals
were made; thee were several that were generally agreed to which need to
be advertised and heard.

2)   Release of executive session minutes (continued from 10/14/97): Mr.
Anthony: I am not ready.
     Councilor Wright: Regarding communications from the Solicitor, I want
to make sure they become part of the public record.
     Mr. Anthony: Historically, I copied all to the Town Administrator to
be maintained in a file segregated from all others as attorney/client
communications; they are available for the client.
     Ms. Shocket: I keep a file, but have not considered my office  to be
a repository of public records.
     Mr. Anthony: These are not public records; it is up to Council to
determine who the repository is, as long as they are in a safe place; they
become available to the next council and administrator by council vote.
     Council President Amerigian: Ms. Shocket has communications to us
that are informational, but not part of the record.
     Mr. Anthony: When I write to you, it is protected and privileged, as
conferred by the law.
     Motion by Councilor Murphy, seconded by Councilor Wright that Ms.
Shocket is to review procedure with the Clerk and report back.
     So unanimously voted.

3)   Country Club proposals (continued from 10/14/97): The co-applicants
on the Zoning Board's agenda for November 25; Ms. Shocket is to provide
Council with specifics regarding proportion of usage and adjusted lease
proposal.

4)   Charge for Golf Course Oversight Committee (Councilor Murphy and Town
Administrator; continued from 10/14/97): Motion by Councilor Wright,
seconded by Councilor Dolce to rename the proposed committee as the Golf
Course Advisory Committee.
     So unanimously voted. Motion by Councilor Wright, seconded by
Councilor Pease to approve the charge as follows: review issues, maintain
documentation, develop the Town's business plan, develop organizational
structure, and monitor operations and development.
     Councilor  Pease: It should be clear that the committee will be
advisory to Council, not to the leaseholders. So unanimously voted.

4)   Proposed ordinance re: rental of mopeds and other motorized vehicles:
Mr. Anthony: If you want to regulate the rental of mopeds, you have to get
authority from the General Assembly.
      Motion by Council President Amerigian, seconded by Councilor Wright
to table the subject until November 24.
     So unanimously voted. The Solicitor will obtain copies of similar
ordinances from other communities.

4)   Proposed local real estate conveyance tax: Councilor Wright: This
could fund the purchase of wetlands or exploration of expansion of the
water supply.
     Mr. Anthony: I wrote the enabling legislation Jamestown submitted in
the 1980s.
     Mr. Powell: That was defeated in committee. Ms. Shocket: I spoke to
Senator Paiva-Weed several months ago and she thought this would be a
receptive time; we have a good community history of preservation.
     Motion by Councilor  Wright, seconded by Councilor Pease to table
this subject until November 24 to allow Messrs.
     Anthony and Powell to produce prior research. So unanimously voted.

COMMUNICATIONS

1)   Conanicut Yacht Club re: construction of sprinkler system using
treated wastewater effluent: Council President Amerigian: This was
discussed at the October 23 Water and Sewer Commissioners meeting.
     Sally Walsh: On what grounds are they able to tie in? Can we as
abutters do likewise? All of us on Whittier Road and Calvert Place might
want it as well.
     Councilor consensus: Place this matter on the November 17 Water and
Sewer agenda for further discussion of policy and procedure.

2)   CRMC notice of public hearing (11/19/97) re: possible designation of
rights of ways to tidal water areas: Motion by Councilor Murphy, seconded
by Councilor Wright to advertise the hearing in The Jamestown Press.
     So unanimously voted.

3)   Robert F. Keough, Jr. re: judgement regarding West property: Motion
by Councilor Wright, seconded by Councilor Murphy to accept the
communication. So unanimously voted.

NEW BUSINESS

1)   One day (11/02/97) license application:

     APPLICANT            TYPE     LOCATION
Jamestown Community Theatre  Sunday Sales   Community Center

Motion by Councilor Murphy, seconded by Councilor Pease to grant the
license subject to obtaining the signatures of all appropriate local
officials, and to waive the fee. So unanimously voted.

EXECUTIVE SESSION

Motion by Councilor Wright, seconded by Councilor Pease to adjourn to
executive session at 10:05 PM.
     So unanimously voted. Council returned to regular session at 10:19
PM.

ADJOURNMENT

There being no further business before Council, motion by Councilor
Murphy, seconded by Councilor Wright to adjourn the meeting at 10:20 PM.
     So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk