TOWN COUNCIL MEETING

March 11, 2002

(As amended March 25, 2002)

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road at 7:06 PM by Council President Guy J. Settipane. The following members were present:

David A. Swain, Vice President

David J. Long

Kenneth G. Littman

Norma B. Willis

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director

Arlene D. Kalooski, Town Clerk

Bruce Leach, Esq., Town Solicitor

Arthur J. Christman, Fire Chief

Lisa Bryer, Town Planner

Planning Commission members present:

Rob Lambert, Chair

Betty Hubbard

Dennis Webster

Sue Barker

Laura Aibel

Harbor Management Commission members present:

David Pritchard, Chair

Julio DiGiando

Thomas Tighe, Police Chief

Harrison Wright

Richard Condon

Daniel Lilly

Richard Anderson

Paula Swistak, Harbor Clerk

CONSENT AGENDA

It was requested that item #8 be removed from the Consent Agenda. It was moved by Councilor Long, seconded by Councilor Swain to accept the Consent Agenda as amended. So unanimously voted.

1) Adoption of Council minutes:

a) 02/25/2002 Regular Meeting

b) 03/04/2002 Financial Town Meeting

2) Bills and Payroll

3) Copies of Minutes of Boards & Committee Meetings:

a) Zoning Board of Review (02/05/2002)

b) Planning Commission (02/06/2002)

c) Quonset/Davisville Liaison Committee (01/17/2002)

4) CRMC Notices:

a) March 2002 Calendar (High Street)

b) Notice to Louis Mariorenzi & Priscilla Szneke 84 Bayview Dr. re: a residential boating facility located at plat 8, lot 271, 84 Bayview Dr.

5) RIDEM Notices:

a) Notice re: 800-CLEANRI

b) Consumer Assistance Guide

6) Resolutions from other Cities & Towns:

a) Town of Burrillville

i) Criminal records check - employee of youth serving agency

ii) Energy Facility Siting Act, Powers and Duties

iii) Police Officer's Bill of Rights

iv) Tax Exemption and payment for services in lieu of taxes (PILOT)

b) Town of Johnston

i) An Act relating to Health & Safety

7) Abutter Notification from the Zoning Board of Review

a) Jamestown Place Associates located at plat 8, lot 562, 35 Knowles Court to construct a 12 unit residential condominium

b) Bill & Nona O'Farrell (O'Farrell & Sons LLC) located at plat 11, lot 7, 951 Ft. Getty Rd., to construct/install a kitchen in an existing barn for residential use

c) William & Mary Kelly located at plat 4, lot 64 76 Reservoir Circle to construct a 2 car garage, an above ground swimming pool and front porch

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8) Letter from the Samaritans re: 2002 Municipal Campaign

Councilor Littman requested that consideration be given to donating additional funds to the Samaritans. Councilor Littman reviewed the Community Fact Sheet directly relating to Jamestown and endorsed the Samaritans' request for $500.00.

The Town Administrator noted that requests from individual charitable organizations are addressed at the time the Town budget is being prepared. The Town receives requests every year from specific organizations and these requests are budgeted for; however, the Town Administrator stated that the Council could request that these funds be taken from the line item incidentals and emergencies.

It was the consensus of the Council that a $500.00 donation is sent to The Samaritans.

EXECUTIVE SESSION ANNOUNCEMENT

Council President Settipane announced that there would be an executive session later in the meeting.

1) Pursuant to RIGL 42-46-5(a) (2) litigation per Councilor Long

PUBLIC HEARINGS

1) Comprehensive Community Plan (hearing cont. from 02/28/2002)

The Town Administrator noted that the Town Planner is putting together a summary of the February 28 hearing for the Council to review. Additionally, the Town Solicitor will present an opinion on public facility as it relates to the Comprehensive Community Plan.

As requested by Council President Settipane, it was the consensus of the Council that the hearing on the Comprehensive Community Plan and the Harbor Budget be moved to the end of the agenda.

OPEN FORUM

1) Scheduled request to address

None

2) Non-scheduled request to address

Timothy Baker, Walcott Avenue, inquired if Golf Course Lease has been negotiated. The Town Administrator informed the Council that the Lease is being drafted and will be presented to the Council for their review.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administrator's report

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Town Administrator Report

March 11, 2002

The following report consists of items of general interest to the Council. I will be pleased to provide any additional clarification or information you require.

Administration

The reservoir continues to rise. It is approximately thirty inches below the spillway. This is up from a low of fifty-four inches in the middle of January. A new pump has been installed, which will allow the Town to pump up to 500,000 gallons a day.

With the Financial Town Meeting behind me, I will now be working on the Water and Sewer Budget. I will forward my preliminary budget to you at the March 19, 2002 meeting.

I received a call from Greg McCarthy at Senator Jack Reed's office. Senator Reed will be in Jamestown on April 8, 2002 at 1:00pm. At this time the Town can present Senator Reed with the proclamation for his assistance in securing the $250,000 grant.

As you requested, I spoke to Chief Christman and Steve Goslee about the condition of the roads in the Foley Plat. These are the private roads located off of East Shore Road where the Solicitor recently provided an opinion as to how/why the Town could go about maintaining them. Given the condition of the roads, it was determined for public safety reasons that it is in the Town's best interest to begin to maintain these roads. The Public Works Department will begin to maintain these roads.

For your information, I have attached Governor Almond's proposed 2002/3 budget for general aid to cities and towns. Dan Beardsley, Executive Director of the League of Cities & Town has provided me with the attached brief description and detail of aid to local communities. I will keep the Council informed of the progress of the state budget in the coming weeks.

I have received the attached request from Patrick Bolger. Mr. Bolger has received a subpoena to give a deposition on March 20, 2002 relating to the lawsuit filed by the Concerned Boat Owners. Mr. Bolger has hired his own attorney to review the documents relating to this lawsuit and he will attend Mr. Bolger's deposition.

For your information I have attached the new application request for the use of the Community Center. This application will allow Matt and me to monitor the use and associated costs of the Community Center by local organizations.

For your information I have attached the following items:

Grant application submitted by tree warden

Information relating to Grow Smart Rhode Island

Copy of enabling legislation for the municipal water system

Councilor Willis requested the following items

Copy of survey of the sewer treatment plant

RI Tree Council Conference

Wetlands information relating Taylor Point

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The Town Administrator presented her report to the Council. Answering inquiries from Councilor Willis, the Town Administrator reported on the following ordinances:

Noise Ordinance

Presently noise meter readings are being taken by the Police Department. It is expected that an ordinance will be in draft form for presentation to the Town Council by this summer.

High Groundwater Table Ordinance

The High Ground Water Table Ordinance is being forwarded to the Town Solicitor for his review.

The Town Administrator reported that GZA GeoEnvironmental would submit their draft report to the Council this month.

Councilor Littman expressed concern regarding the deductions reductions in state aid to cities and towns in the 2002/2003 State Budget. The Town Administrator noted that the Jamestown budget reflects state aid from the previous year because we do not receive state numbers until after our budget is passed.

Councilor Swain inquired if $10.00 per hour for use of the Community Center will cover the costs of staffing and utilities. There was additional discussion relating the use of the Community enter for public events. Areas to be reviewed are costs associated with the use of the building and staff, time limit for request of fee waiver, added provision for any extraordinary damages beyond the regular wear and tear. It was the consensus of the Council that proposed event application be continued for review by the Town Solicitor and further discussion and approval by the Town Council.

2) Planning Commission

a) Proposed Zoning Ordinance Changes re: Open Space and Public Zones including Development Plan Review

Town Planner gave an overview of the proposed Zoning Ordinance changes relating to open space and public zones. It was noted that the Town Council approved changes to the Zoning Ordinance in 1999 whereby Open Space Zone was split into Opens Space I and Open Space II, leaving several lots for further review and consideration. These lots, along with public facility properties are proposed to be included in the Public Zone.

It was the consensus of the Council to review this Proposed Zoning Ordinance Change at the next Council meeting on March 25, 2002.

3) Affordable Housing Committee

a) Three (3) vacancies exist (terms ending: 5/31/2003, 5/31/2004,

5/31/2006); duly advertised (all interviews complete); if favorable, for appointment (this will be readvertised for one vacancy)

i) Carol Buglio

ii) Jann Campbell

It was moved by Councilor Willis, seconded by Councilor Swain to readvertise for the Affordable Housing Committee, Library Board of Trustees and the Personnel Board in order to obtain additional applicants. The vote was Councilor Willis, aye; Councilor Littman, nay; Councilor Long, nay; Councilor Swain, nay; Council President Settipane, nay. The motion failed with one in favor and four opposed.

It was moved by Councilor Littman, seconded by Councilor Long to appoint Carol Buglio to the Affordable Housing Committee. So unanimously voted.

It was moved by Councilor Long, seconded by councilor Swain to appoint Jann Campbell to the Affordable Housing Committee. So unanimously voted.

The Town Solicitor advised that term limits should be included in the motions.

It was moved by Council President Settipane, seconded by Councilor Willis to reconsider the motions to add the term ending dates. It was voted Councilor Littman, aye; Councilor Long, nay; Councilor Swain, aye; Councilor Willis, aye; Council President Settipane, aye. The motion passed with four in favor and one opposed.

It was moved by Council President Settipane, seconded by Councilor Willis to appoint Carol Buglio to the Affordable Housing Committee for the term ending 5/31/2003. So unanimously voted.

It was moved by Council President Settipane, seconded by Councilor Long to appoint Jann Campbell to the Affordable Housing Committee term ending 5/31/2004. So unanimously voted.

4) Library Board of Trustees

a) Two vacancies exist (terms ending: 1/31/2005 & 02/28/2005); duly

advertised (all interviews complete); if favorable, for appointment

i) Delia Klingbeil

It was moved by Councilor Long, seconded by Councilor Littman to appoint Delia Klingbeil to the Library Board of Trustees.

It was moved by Councilor Swain, seconded by Councilor Willis to amend the motion to postpone the vote to appoint until the positions have been readvertised and all interviews are complete. The motion as amended was unanimously voted. The amended motion was voted Councilor Littman, nay; Councilor Long, aye; Councilor Willis, aye; Council President Settipane, aye. The motion passed.

5) Personnel Board

a) Two vacancies exist (terms ending: 06/30/2003 & 12/31/2004); duly advertised (all interviews complete); if favorable, for appointment

i) Nancy Kolman Ventrone

ii) Eric Lexow

iii) W. Randall Tyson

It was moved by Councilor Willis, seconded by Councilor Swain to appoint W. Randall Tyson to the Personnel Board. The vote was Councilor Long, nay; Councilor Littman, aye; Councilor Swain, aye; Councilor Willis, aye; Council President Settipane, aye. The motion passed with four in favor and one opposed.

It was moved by Councilor Long, seconded by Councilor Littman to reappoint Nancy Kolman Ventrone to the Personnel Board. The vote was, Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis, nay; Council President Settipane, aye. The motion passed with four in favor and one opposed.

It was moved by Council President Settipane, seconded by Councilor Willis to reconsider the appointments to the Personnel Board. The vote was, Councilor Littman, aye; Councilor Long, nay; Councilor Swain, aye; Councilor Willis, aye; Council President Settipane, aye. The motion passed with four in favor and one opposed.

It was moved by Councilor Willis, seconded by Councilor Swain to appoint W. Randall Tyson to the Personnel Board for a term ending 12/31/2004. The vote was, Councilor Littman, aye; Councilor Long, nay; Councilor Swain, aye; Councilor Willis, aye; Council President Settipane, aye. The motion passed with four in favor and one opposed.

The Council discussed the possibility expanding the Personnel Board to four members. The Town Administrator informed the Council that the Personnel Board is, by Charter, a three-member board.

It was moved by Councilor Willis, seconded by Councilor Swain to appoint Eric Lexow to the Personnel Board. It was voted Councilor Littman, nay; Councilor Long, nay; Councilor Swain, nay; Councilor Willis, aye; Council President Settipane, aye. The motion failed with two votes in favor and three opposed.

It was moved by Councilor Swain, seconded by Councilor Littman to appoint Nancy Koleman Ventrone to the Personnel Board. So unanimously voted.

UNFINISHED BUSINESS

1) Wastewater Management Plan ( continued from 2/25/2002)

The Town Planner reviewed the changes as requested by the Town Council at the hearing in April 2001 and subsequent Council meetings. The Town Solicitor was asked if these changes are substantive and require further advertising. The Town Solicitor advised that the changes were inclusive and would not require further advertisement.

It was moved by Councilor Swain, seconded by Councilor Long to adopt the Onsite Wastewater Management Plan as presented and forward the plan to the Rhode Island Department of Environmental Management for their approval. So unanimously voted.

2) Narragansett Electric Cable Project (continued from 02/25/2002)

The Town Administrator informed the Council that the packet provided by Narragansett Electric referencing the Cable Project was recently received and had not as yet been reviewed.

It was moved Councilor Willis, seconded by Councilor Long to continue the issue relating to the Narragansett Electric Cable Project to the March 25, 2002 Town Council meeting. So unanimously voted.

3) Letter from Charlotte Zarlengo re: ISDS for plat 16, lot 12 (continued from 02/25/2002)

It was moved by Councilor Willis, seconded by Councilor Swain to accept the communication from Charlotte Zarlengo. So unanimously voted.

The Town Administrator noted that the Town would have an opportunity to respond to the Rhode Island Department of Environmental Management (RIDEM) when the Town is notified of consideration of the owner's application. At that time, the Town can forward a letter to RIDEM.

COMMUNICATIONS

1) Letter from Rebekah C. Foster re: Jamestown Fire Department/EMS

It was moved by Councilor Willis, seconded by Councilor Swain to accept the communication from Rebekah C. Foster. So unanimously voted.

2) Letter from Pam Bush re: High Street Right-of-Way

It was moved by Councilor Willis, seconded by Councilor Littman to accept the Communication from Pam Bush. So unanimously voted.

Council President Settipane requested that the Clerk notify Ms. Bush of the up-coming Coastal Resources Management Council workshop relating to High Street.

3) Letter from the Jamestown Shores Association re: Russian fish processing vessels

It was moved by Councilor Swain, seconded by Councilor Long to accept the letter from the Jamestown Shores Association. So unanimously voted.

Representative William Murphy informed the Council that there will be a meeting in the Governor's office on Thursday regarding the fish processing vessels and he will keep the Council informed.

4) Letter from Diane Manchester re: Smoking ban

It was moved by Councilor Willis seconded by Councilor Swain to accept the letter from Diane Manchester. So unanimously voted.

It was the consensus of the Council that a copy of this letter is forwarded to the Substance Abuse Task Force.

NEW BUSINESS

1) Sunday Sales Renewal Licenses:

a) Baker's Pharmacy

b) Bay Voyage

b) Cathryn Jamieson Salon

c) Conanicut Island Art Association

d) Conanicut Yacht Club

e) Cumberland Farms

f) East Ferry Market & Deli

g) House of Pizza

h) Jamestown Golf & Country Club (Caddy Shack)

i) Jamestown Oyster Bar

j) Jamestown Xtra Mart

k) North End Antique & Bargain Center

l) Paws & Claws

m) Secret Garden

n) Slice of Heaven

o) Spinnaker's Café

p) Theatre Family Restaurant

q) Video Showcase

r) Village Hearth

s) Zeek's Bait & Tackle

It was moved by Council President Settipane, seconded by Councilor Willis to renew Sunday Sales Licenses for applicants (a) through (t), subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.

2) Private Investigator's Renewal License (signatures in route):

a) Malcolm Brown

It was moved by Councilor Littman, seconded by Councilor Swain to renew the Private Investigator's License to Malcolm Brown, subject to obtaining proper signatures. So unanimously voted.

3) Trash Collector's Renewal License:

a) Island Rubbish Service, Inc.

It was moved by Councilor Willis, seconded by Council President Settipane to renew the Trash Collector's License for Island Rubbish Service, Inc., subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.

4) Peddler Renewal License:

a) A.B. Munroe Dairy

b) Cove Grill

It was moved by Councilor Littman, seconded by Council President Settipane to grant Peddler licenses to A.B. Monroe Dairy and Cove Grill, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.

5) Ft. Getty Pavilion Entertainment License:

a) Maureen Dunn Packer re: Memorial Road Race for a DJ for June 2nd (Request to waive $100 pavilion fee)

It was moved by Council President Settipane, seconded by Councilor Long to approve the Entertainment License for the Ali Dunn Packer Memorial 5K Road Race, subject to the appropriate signatures and to waive the pavilion fee. So unanimously voted.

6) Event Application (signatures in route):

b) Easter Bonnet Dog Parade for March 30th (rain date April 6th )

It was moved by Councilor Swain, seconded by Council President Settipane to approve the Event Application for the Easter Bonnet Dog Parade to be held on March 30th, subject to the appropriate signatures. So unanimously voted.

PUBLIC HEARING Continued

Town Council President Settipane reopened the public hearings at 8:30 PM.

Comprehensive Community Plan (hearing cont. from 02/28/2002)

Council President Settipane reviewed the question asked of the Town Solicitor for his opinion. That question being, "if we designate a public zone on the future land use map to include public facilities, will that mandate the future use of that property and would it be necessary to amend the Zoning Ordinance and Zoning Map?"

The Town Solicitor reviewed the enabling act that created the requirement that every Town adopt a Comprehensive Community Plan which includes a future land use map designating how the Town intends to use property. In reviewing the future land use map, it was noted that since 1991 the Town has designated a number of areas as public facility. The designation public facility does not designate public zone but indicates that the area already has a public facility on it or the Town intends to use the land for such purposes in the future. Additionally, the Town Solicitor noted that the Jamestown Zoning Ordinance, table 3.1 allows by special use permit certain government facilities in an area. As such, there is a mechanism already established in the Zoning Ordinance; however, it is not a mechanism of right, it would require a hearing before the Zoning Board. If those public facility areas were changed to be included in a public zone, it would be necessary to change the Zoning Ordinance to provide for public zones and the Zoning Map to indicate their location. In adopting such an Ordinance the Town can also place limitations on which public uses in the zone are automatic, if any, and which require special use permit approved by the Zoning Board. Again, the designation on the land use map only indicates the Town's present intended use of the property and does not mandate in perpetuity.

Sav Rebecchi, Sail Street, stated that Table 3-1, under permitted uses for Government, Education, Institutional in an RR80 zone does not allow a garage.

Sheri Lussier, 2 Prospect Avenue, asked if the map is accepted the way it is and the Zoning Ordinance is amended to include these areas in a public zone, must these areas be adopted as a public zone?

The Town Solicitor commented that if these properties go into a public zone, you would be amending the Zoning Ordinance and Zoning Map.

Town Council President noted that there is a clear distinction between public as describing how this property is currently indicated and the creation of a public zone.

Sav Rebecchi, noted that several lots owned by the Town are not identified; specifically protected lots on map 107 in the Shores area. Mr. Rebecchi inquired if recreational use of those lots would be excluded because they are not on the future use map.

The Town Planner informed the Council that the entire area is designated as moderate density residential and as such, the Town feels this area is most appropriate for residential use; however the Zoning Ordinance allows for community playground or ball field in that residential zone.

The Town Solicitor informed the Council that there is a process established whereby, if necessary, the map included in the Comprehensive Community Plan could be changed four times a year within a ten-year period.

There was continued discussion relating to public facility, public zone and zoning issues.

Donna O'Neill, Summit Avenue stated that lot 47 should not be designated as public facility because it is not compatible with the six or eight abutters in the surrounding area.

Craig Amerigan, Narragansett Avenue, stated that the Town has hired someone to evaluate where the highway barn should be located.

Councilor Littman referred to the future housing needs in Jamestown as stated on page 196 and suggested that the last sentence of the first paragraph should state "Affordable housing should be sited where ever it is consistent with the existing neighborhood character." Councilor Littman suggested that affordable housing should not be limited to one area in the Town.

The Town Council President concluded the public hearing on the Community Comprehensive Plan 9:26 PM.

2) Harbor Management Commission

a) 2002-2003 Budget

b) 2002-2003 Mooring fee rates

Upon opening the hearing on the Harbor Management Commission budget at 9:28 PM, President Settipane invited comments from the Harbor Management Commission Chair, David Pritchard.

Mr. Pritchard reviewed the budget as presented and noted that the Harbor Management Budget was developed over time and passed by the Harbor Management Commission overwhelmingly.

Craig Amerigan, Narragansett Avenue, spoke in opposition of the Harbor Management Commission budget and requested that the Town Council articulate why this budget is reasonable. This appears to be a wish list on the part of the Harbor Management Commission; however, the responsibility of the Harbor Management Commission has not changed nor has the ordinance changed.

Council President Settipane noted that it was voted by the residents of Jamestown to include $40,000.00 in the budget for Harbor Management.

Patrick Bolger, 6 Fore Royal Court, objected to budget as proposed. The budget separates revenues into two streams and implies a change in responsibilities. Harbor Management Commission has elected to reduce the mooring fees that would cut off funding for projects that were considered by previous Councils when they raised mooring fees. The Charter is clear in that the Council cannon cannot amend the duties and responsibilities of the Commission without having come forth with a change to the Charter and Ordinance. The procedure used to put this budget together is in violation of the responsibilities.

There was discussion on the responsibilities to the Harbor Management Commission in maintaining the infrastructure and the funds previously budgeted to accomplish those responsibilities. Council President Settipane emphatically noted that the Harbor Management budget is presented as one budget.

Julio DiGiando, Harbor Management Commission member reviewed how this budget was developed.

Council President Settipane requested information on the status of the maintenance and repair of projects. Mr. DiGiando offered comment on the following projects:

Memorial Square South Bulkhead

This will be put out to bid for completion of repairs

Wood Pile Pier

It is expected that this will be completed by William Munger, with Town approval

West Ferry

Project is completed

Ft. Getty

In the process of completing engineering studies

East Ferry Concrete Pier

It is expected that the underwater part of this project will be finished this year

Richard Condon, Harbor Management Commission member expressed his concern in Mr. Bolger's remark regarding the violation of the Comprehensive Plan.

Council President Settipane reiterated the questions, those being, whether or not there were two budgets submitted instead of one. The Town Solicitor inquired if the monies funded are treated as separate funds. The Town Administrator confirmed that this is a designated account and all the revenues that are budget here this evening will flow through that one account. The Town Solicitor advised that this is being treated as one budget. The second question referenced was whether or not the Harbor Management is in violation of their duties annunciated in the Comprehensive Plan and the Charter. The Town Administrator reviewed the previous practice of accumulated funds being used for harbor funding, rather that the present practice of pay as you go. The Town Solicitor advised that the Harbor Management Commission has made a recommendation to the Council as a proposed budget following a public hearing and is not in violation of the Comprehensive Plan.

Dennis Webster, former member of the Harbor Commission, informed the Council that no one really knows how much works if to be done on the Fort Getty pier. There will be an underwater investigation. It is expected that the cost will be determined by next year.

Dorcey Beard, Blueberry Lane, inquired if there should be operating expenses and capital expenses and if there is a policy for what is considered a capital expense and operating expense.

Daniel Lilly, Seaside Drive, Harbor Commission member, stated that the Harbor Budget has been thoroughly looked at and is fair.

Rick Anderson, Harbor Management Commission member addressed the Siegmund Engineering report on the wood pile pier and noted that there are no emergency repairs needed at this time. He noted that this is a needs-based budget. This budget provides for two new pumpout facilities. This Commission is very interested in taking care of and maintaining property.

Agnus Filkins, Bayberry Road, suggested that a tremendous amount of research has gone into this budget and encouraged the Council to accept it as presented.

Randy Tyson, Seaside Drive, suggested shared responsibilities of the Town and users to fund the Harbor Management program.

Craig Amerigian, mentioned that the lease contracts are Town assets that are received for the rental of Town assets.

Harry Wright, Clarke Street, confirmed that the Harbor Management budget is one fund.

William Munger, Cole Street reviewed the two major projects completed at the East Ferry and the West Ferry.

The Council discussed the practices of the Harbor Management Commission, the Harbor Comprehensive Plan and the Harbor Ordinance and if these structures are meeting the needs of the community. It was the consensus of the Council that a communication be sent that the Council revisits the means in which the budget and mooring fees are adopted and discussed the need for an improved plan with definite numbers for a capital plan.

It was moved by Council President Settipane, seconded by Councilor Littman to approve the Harbor Management Budget for 2002/2003, that being one budget in the amount of $257,406.00. It was voted Councilor Littman, aye; Councilor Long, nay; Councilor Swain, aye; Councilor Willis, aye; Council President Settipane, aye. The motion passed with four in favor and one opposed.

It was moved by Council President Settipane, seconded by Councilor Swain to adopt the mooring rates for 2002/2003 in the amount of:

Resident $2.80 per foot

Commercial $5.60 per foot

Non Resident $5.60 per foot

The vote was Councilor Littman, aye; Councilor Long, nay; Councilor Swain, aye; Councilor Willis, aye; Council President Settipane, aye. The motion passed with four in favor and one opposed.

OPEN FORUM CONTINUED

Council President Settipane announced that there would be a five-minute break at 11:15 PM.

EXECUTIVE SESSION

1) Pursuant to RIGL 42-46-5(a) (2) litigation per Councilor Long

It was moved by Councilor Long, seconded by Council President Settipane to enter into executive session at 11:20 PM, pursuant to RIGL 42-46-5 (a) (2) litigation. The vote was, Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis, aye; and Council President Settipane, aye. The motion passed.

The Council returned from executive session at 11:50 PM. It was moved by Councilor Long, seconded by Council President Settipane to seal the minutes of the executive session. It was voted Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis aye; Council President Settipane, aye. The motion passed.

There being no further business before the Council it was moved by Councilor Long, seconded by Council Swain to adjourn the meeting at 11:54 PM. So unanimously voted.

Attest:

Arlene D. Kalooski