TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
December 8, 1997

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:34 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
Thomas P. Tighe, Chief of Police
Maryanne Crawford, Finance Director
Steven J. Goslee, Public Works Director
Lisa W. Bryer, Town Planner
J. Christopher Powell, Conservation Commission Chair
Quentin Anthony, Esq., Town Solicitor

AWARDS, PRESENTATIONS AND ACKNOWLEDGEMENTS

1)   Presentation of certificate honoring Officer Keith J. Woodbine for
outstanding performance: Chief Tighe read report of Officer Woodbine's
investigation of $3,500 worth of property damage resulting in juveniles
being apprehended. Council Vice President Dolce and Chief Tighe presented
a certificate to Officer Woodbine.

2)   Administration of oath to Lisa W. Bryer, Town Planner: Council Vice
President Dolce administered the oath of office to Ms. Bryer.

3)   Announcement: Harbor Management Commission/Town Council work session
will be held Thursday, December 18, 1997 at the Town Hall.

4)   Fair Housing Resolution: Motion by Councilor Pease, seconded by
Councilor Murphy to adopt the resolution as presented. So unanimously
voted.

Council Vice President Dolce read aloud a proclamation for departing Town
Administrator, Frances H. Shocket and presented same to her on behalf of
Council.
CONSENT AGENDA

Council Wright requested items #1b and 2 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:
1a)  Adoption of Council minutes: 11/17/97 (work session re: Groundwater
Quality Study Committee report)
3)   Copy of meeting minutes from the Zoning Board of Review (11/26/97)
4)   Copies of resolutions from other municipalities 
  a) Education financial support
     i) Town of Glocester
     ii)   Town of Exeter 
5)   Letter of thanks from U.S. Senator John H. Chafee re: National
Lighthouse Center and Museum
6)   CRMC meeting notice (12/10/97)

1b)  Adoption of Council minutes (11/24/97; regular meeting): Responding
to Councilor Wright, Mr. Anthony stated Council need to nothing further
regarding Joan Dupee's letter; it is a police matter.

2)   Bills and payroll: Responding to Councilor Wright, Mr. Anthony said
Council would receive his legal bill in one week.
     Responding to Councilor Murphy, Ms. Shocket said the bill from
Morneau and Murphy was for legal matters regarding the fire department;
since they have no budget for that purpose, any legal expenses have been
paid by the Town.
     Motion by Councilor Pease, seconded by Councilor Wright to approve
items #1b and 2. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

Ms. Shocket asked that Council enter executive session to discuss possible
litigation with Paul Martellino, Esq. regarding the possibility of the
Town hiring him to investigate any obligation it may have in West/Keough
property dispute.
     Councilor Murphy stated he was not in favor of an executive session
at this time.
     Councilor Wright noted the minutes could be made public afterward, if
appropriate.
     Mr. Martellino: I feel it should be discussed in executive session.
Mr. Anthony: According to the Open Meetings Act, Council must have a
reasonable, good faith belief that there is potential for litigation.
     Mr. Martellino: Some of the areas I looked at might involve the
potential of litigation; we could have that as preliminary discussion in
executive session, then decide to discuss it further in open session.
     Motion by Councilor Wright, seconded by Councilor Pease to enter
executive session to discuss potential litigation, in accordance with RIGL
42-46-5(a)(2), as scheduled. Councilor Murphy: I prefer to discuss in
public whether Council is the proper forum for a property line dispute; if
the Town error has been made, there are procedures in place to correct it.
     Ms. Shocket: The issue is to determine the legal responsibility of
the Town, not to resolve the dispute.
     Motion so voted by 3 in favor, Councilor Murphy opposed.

(Betty Hubbard, Planning Commission Chair arrived at this point; 7:55 PM.)

OPEN FORUM

1)   Scheduled Requests to Address
a)   Francis Costa re: easement/right-of-way at Decatur Avenue: CRMC had a
preliminary hearing November 19 regarding rights of way; the Town's
interest in Decatur Avenue is being threatened; it is a town highway, 850'
long by 50' wide; at the end of the road is an area used by fishermen and
farmers for many years; a neighbor has objected to establishing this as a
public right of way through his attorney, contending that Decatur Avenue
is a private road with no easement; we are talking about 100' of
waterfront riparian rights; hundreds have used it over the years; a
"private" sign was put up by two neighbors about 17 years ago; the
constant use of the road over a hundred years makes it a road; the only
authority that can abandon that is the Council or a court of law; the
Council needs to protect the 50' right of way to the water; public access
throughout the island has become more difficult through the years; there
has never been an interruption of passage down Decatur Avenue; the
original developer, Admiral Weatherspoon, told me how he planned that area
with maintenance of public access in mind; I will pursue this further with
CRMC.

2)   Non-Agenda Requests to Address:
Mary Webster: Just north of Mr. Costa's area, there was an incident
perpetrated by the Council in 1957, which resulted in the demise of Eldred
Avenue; Council abandoned the public right of way to the water to Commerce
Oil Corporation; this Council should be sensitive to Mr. Costa's remarks.

(Matthew Bolles, Parks, Beaches and Recreation Director, arrived at this
point; 8:03 PM.)

1)   Scheduled Requests to Address (continued)
b)   Edwin Connelly
Conanicut Battery status: The battery consists of approximately 20 acres
of Town land; the observation batteries at the top of the hill were part
of a fire control system throughout the entire region, which included
Dutch Island, Fort Wetherill and Fort Adams; the Conanicut Battery is
unique and possibly the best example of its kind on the east coast,
according to the US Army Corps of Engineers; the only thing currently on
the national register is the one acre site that is the revolutionary war
battery; we are putting together a grant application to the Department of
the Interior, National Parks Service by December 31; the federal 
government is concentrating on sites such as these; we need competent
people experienced in restoration of these sites; located one with
outstanding credentials (Landscapes, Inc. of Vermont); they are willing to
help us with the planning aspects for free; if the grant awarded, they
want to get the work; I am here to ask Council for financial support;
asking for $1,000.
     Ms. Shocket: The Council's miscellaneous budget has about $1,100
remaining.
     Mr. Connelly: We have established an account through the Jamestown
Historical Society.
     Motion by Councilor Wright, seconded by Councilor Murphy to donate
$1,000.00 to the Jamestown Historical Society, Friends of the Jamestown
Battery account, subject to the availability of funds.
     So unanimously voted.

East Ferry lighting: The lights have been on and off for months; one light
on the flag pole is not on; they were guaranteed for 5,000 hours;
electrician John Brittain said all existing conduits are at full capacity;
you might want to consider establishing zones when William Munger
relocates his electric box, as will soon be required.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
Additionally:
Approval of budget work session schedule: Motion by Council Vice President
Dolce, seconded by Councilor Wright to schedule budget sessions on January
6 at 7:00 PM, the 8th at 7:00 PM, the 10th at 9:00 AM, the 13th at 7:00
PM, the 17th at 9:00 AM and the 26th at 7:30, all at Town Hall.
     So unanimously voted.

Approval of country club leases: Motion by Councilor Wright, seconded by
Councilor Pease to  approve the leases, subject to the Solicitor's review.
     Mr. Bolles: My projected figures are not affected by revision of the
leased area; we will go year to year as long as the Town considers it to
be beneficial; my projections are for the first year.
     Mr. Goslee: Payment of the utility bills is split between the upper
and lower level tenants.
     Sean McCarthy: We have a good idea of the golf course's water use; we
will divide up the remainder.
     Ms.  Shocket: The only operation there for the last year has been the
grill on the lower level.
     Mr. McCarthy and David Simmons of East Passage Sailmakers and Mr.
Bolles agreed to divide up the remainder of the water bill.
     Mr. McCarthy: The bar will be removed, but stored. Ms. Shocket: The
lease is not yet actually written; Council needs to approve the concept;
any money generated by the leases goes into the golf course account.
     Motion so unanimously voted. Mr. Anthony: I will prepare a
conventional lease to run concurrent with the Mistowskis' lease, and will
include an option for extension if the Mistowskis exercise their option.

Disposition of surplus equipment: Motion by Councilor Pease, seconded by
Councilor Wright to approve the proposal for disposition.
     So unanimously voted.

Retiree health care: Motion by Councilor Wright, seconded by Councilor
Pease to extend the availability of health care coverage to recently
retired municipal employees for 6 months or until coverage through the
State becomes available. So unanimously voted.

Delinquent tax accounts: Motion by Councilor Murphy, seconded by Councilor
Wright to approve the utilization of Rossi Law Offices, Ltd. For
collection of delinquent tax accounts for a period of one year.
     So unanimously voted.

2)   Appointment of Interim Town Administrator: Motion by Councilor Pease,
seconded by Councilor Wright to appoint Maryanne Crawford, CPA as interim
town administrator, effective December 12, 1997 at 5:00 PM.
     So unanimously voted. Councilor Murphy: Do you need temporary help?
Ms. Crawford: I have a student intern for now, and  will evaluate that as
we go.
     Motion by Councilor Wright, seconded by Councilor Pease to authorize
Council Vice President Dolce to sign the contract with Ms. Crawford on
behalf of Council.
     So unanimously voted. Council Vice President Dolce administered the
oath of office to Ms. Crawford.

(Arthur Christman, Fire Chief arrived at this point; 8:52 PM.)

3)   Planning Commission (5 vacancies; terms yet to be determined): Ms.
Hubbard: I suggest reestablishing the staggering of terms, with 2 years as
he shortest term, going up to 4 years.
     Mr. Anthony: I suggest attempting to reconstruct the history of the
appointments and where the staggering was lost; I am concerned for a
properly constituted board; state law states the appointments shall be for
4 year terms.
     Councilor Murphy: I want to interview the 7 new applicants.
      Ms. Donovan is to provide a history of the appointments for
Council's December 22 meeting.
     Motion by Council Vice President Dolce, seconded by Councilor Murphy
to interview  the seven new candidates on Tuesday, December 16 beginning
at 7:30 PM at 15 minute intervals, at the police station conference room, 
if available. So unanimously voted.

4)   Memorandum from the Town Clerk re:  Fire Department and Ambulance
Association Compensation Committees: Motion by Councilor Pease, seconded
by Councilor Murphy to advertise vacancies. So unanimously voted.

5)   Copy of letter of resignation from Police Officer Ronald J. Marcos to
Chief Tighe: Motion by Council Vice President Dolce, seconded by Councilor
Murphy to accept the communication. So unanimously voted.

UNFINISHED BUSINESS

1)   Recycling contract: Motion by Councilor Murphy, seconded by Councilor
Wright that the Town enter into a solid waste and recycling services
agreement with RI Resource Recovery Corporation, ending June 30, 1999, 
and to authorize Council Vice President Dolce to sign on behalf of
Council. So unanimously voted.

2)   RIDEM's proposal for Fort Wetherill (continued from 11/10/97; not
addressed)

3)   Retiree health benefits (previously addressed)

4)   ISO rating follow-up (will be on December 22 agenda)

5)   RIDEM April 24 letter: notice of intent to enforce 05/27/97 -
Corrective action plan submitted: Ms. Shocket: This is ongoing.

6)   Report regarding time keeping (highway department and sewer/water):
Majority 
consensus: this is no longer an issue.

7)   Recycling and Recovery Plan (will be on December 22 agenda)

8)   Houses for low income/affordable housing - Church Community Housing
Corp.: Ms. Shocket: They will be auctioned at fair market value, with
prior owners having the right of first refusal; Church Community Housing
has been pursuing the houses (acquired by the State for the Route 138
project), but have not been successful.

9)   Town buildings feasibility study: Ms. Shocket: This is ongoing and
has been referred to the Planner.

10)  Telephone poles in water shed - relocate or elevate out of water: Mr.
Goslee will speak to the Nynex representative for specifics.

11)  Ambulance barn: Ms. Shocket: Andrew Yates has been working with the
Ambulance Association to determine their needs; he will be in contact with
Ms. Crawford, probably by the end of our fiscal year.

12)  Downtown remodeling - grant: Ms. Shocket: This is in the hands of
RIDOT.

13)  Lease with Conanicut Yacht Club re: country club: Ms. Shocket: I have
asked the Mistowskis to provide Council with the projected impact any
change or termination of the lease would have on their business operation.

14)  Tax collection - agencies delinquent taxes (previously addressed)

15)  Marcia Glassie complaint referred to Solicitor: Mr. Anthony: The
Harbor Management Commission met with her; the minutes of that meeting
reflect an understanding reached by the parties; based upon that, I did
not pursue this further

16)  Property dispute re: West/Keough (not addressed)

17)  PTO re: school zone signs: Ms. Shocket: They were erected a month
ago.

18)  Policy for Tax Collector: Mr. Anthony: I spoke with Jean Deacon,
Deputy Tax Collector; we are leaving everything as it was.

19)  Watering of Conanicut Yacht Club tennis courts re: effluent and
RIDEM's response (will be on December 22 agenda)

20)  Letter from John West re: property dispute (continued from 11/10/97):
Motion by Council Vice President Dolce, seconded by Councilor Pease to
accept the communication. So unanimously voted.
COMMUNICATIONS

1)   Letter from the Newport Country Community Mental Health Center, Inc.
re: budget:  Motion by Councilor Wright, seconded by Councilor Murphy to
accept the communication. So unanimously voted.

2)   Letter from the Humane Society of Jamestown, Inc. re: pet first aid
class to be held 12/10/97: Motion by Councilor Wright, seconded by
Councilor Pease to accept the communication. So unanimously voted.

3)   Letter from Dennis H. Webster re: wireless communication facilities:
Mr. Webster: They could become an irritant and eyesore; Council should
plan for it now and establish a temporary moratorium for any wireless
communication facilities until the Planning Commission has an opportunity
to review and recommend restrictions.
     Mr. Anthony: Whenever moratoriums such as this have been established,
the monetary damages against the Town can be substantial; you must have a
well defined threat against the body politic, and must have a plan to
address that threat within a specific time limit; this should be referred
to the Planning Commission and Town Planner.
     Motion by Councilor Wright, seconded by Councilor Murphy to forward a
copy of the communication to both. So unanimously voted.

4)   Letter from Eastern RI Conservation District re: financial support:
Motion by Councilor Pease, seconded by Councilor Wright to receive the
communication. So unanimously voted.

5)   Letter from the Town of Burrillville re: Law Enforcement Officers
Bill of Rights: Motion by Council Vice President Dolce, seconded by
Councilor Pease that the Clerk formulate a letter to the Burrillville Town
Manager, expressing Council's interest in staying informed on this issue.
     So unanimously voted.

NEW BUSINESS

1)   Street light at the intersection of Carr Lane and North Main Road:
Consensus: The Street Light Committee is to review, as well as a request
for the removal of a light on Bay Street.
     (Mr. Goslee is to check ownership of the existing light on North Road
near the Carr Lane intersection.)

2)   Town parking lot wall repair: Mr. Goslee: The layout needs to be
revisited; the garden club wanted a nice appearance, but car damage and
vandalism have been problematic.

Steven McInnis: Ms. Shocket has served as Chair of the Transportation
Advisory Committee; will she continue in that position? Ms. Shocket: I
will continue as chair; that is not tied to my position here as Town
Administrator.

EXECUTIVE SESSION

Motion by Councilor Wright, seconded by Councilor Pease to adjourn to
executive session at 9:42 PM.
     So unanimously voted. Council returned to regular session at 10:30
PM. Motion by Councilor Wright, seconded by Councilor Pease 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 Murphy to adjourn the meeting at 10:31 PM.
     So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk