TOWN COUNCIL MEETING

April 8, 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

Douglas R. DeSimone, Town Solicitor

Arthur J. Christman, Fire Chief

Lisa Bryer, Town Planner

Christopher Powell, Conservation Commission Chair

Stephen Goslee, Public Works Director

Matthew Bolles, Parks and Recreation Director

Representative Bruce Long

Representative William H. Murphy

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
Council President Settipane announced that Senator Jack Reed visited Jamestown this afternoon and was presented with a Proclamation from the Jamestown Town Council honoring him for his efforts in obtaining funding for the construction of a water pipeline from the South Reservoir to the North Reservoir to augment our water supply and protect our wetlands.

1) GZA GeoEnvironmental re: draft of Site Investigation Report dated 03/2002

Ed Summerly, Associate Principal, GZA GeoEnvironmental, Inc. was introduced by the Town Administrator.

Ed Summerly, Associate Principal at GZA GeoEnvironmental, Inc., began his presentation with a review of the Site Investigation Report prepared for the Town of Jamestown which included testing results to evaluate potential impacts from the former landfill activities on environmental conditions at the site of the former landfill. Additionally, Mr. Summerly discussed the RIDEM regulations relating to the closure for inactive solid waste landfills.

In addressing the observed regulatory excedances and conditions of non-compliance at the former landfill, Mr. Summerly recommended the following:

Councilor Willis noted that the map entitled "Locus Plan" incorrectly identifies the lot number for the site. The correct numbers are lots 48, 49, 50 and 51. Councilor Willis requested that the map be corrected.

Mr. Summerly informed the Council that the purpose of the cover is to keep the erosion down and that a portion of the area could be covered with paving.

Councilor Willis expressed her concern with sensitive environmental areas located near the former landfill. Mr. Summerly noted that these areas could be indicated on the revised lotus map.

Mr. Summerly indicated that it would be approximately nine to twelve months for the project to be completed.

Mr. Summerly noted that the Town has been involved with a quarterly testing program for a number of years now and may qualify to change to a semi-annual testing program for the remainder of the post-closure monitoring.

The Council continued discussion on information addressed in the report and requested further clarification.

Council President Settipane recognized the request to address the Council from Amy Mower, representing the Northend Citizens Group. Ms. Mower introduced Timothy O’Conner, Director of Environmental Services at VHB Vanasse Hangen Brustlin, Inc.

Mr. O’Conner presented the Council with a list of comments and suggestions relating to the Site Investigation Report.

Mr. Summerly concluded the presentation at 8:30 PM

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

It was requested that items 1 (c), 2, and 5 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. The Consent Agenda consisted of:

    1. Adoption of Council minutes:
      1. 02/28/2002 Special Meeting (Public Hearing)
      2. 03/11/2002 Regular Meeting

3) Copies of Minutes of Boards & Committee Meetings:

a) Harbor Management Commission (02/13/2002)

i) Sub Committee (03/08/2002, 03/14/2002)

b) Affordable Housing (12/18/2001, 01/14/2002)

c) Zoning Board of Review (02/26/2002)

    1. Quonset/Davisville Liaison Committee (02/21/2002)
    2. Parking Committee (03/07/2002, 04/02/2002)

4) CRMC Notices:

    1. April 2002 Calendar

6) Tax Abatement/Addenda

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1) Adoption of Council minutes:

c) 03/25/2002 Regular Meeting

Councilor Willis requested that the minutes indicate that Pursuant to Section 1701 – Procedure for Adoption or Amendment states that the Town Council shall hold a public hearing with sixty-five (65) days of receipt of a proposal, giving proper notice as prescribed in Section 1703.

2) Bills and Payroll

The Council discussed the amount paid to Patriot Diamond, Inc. for asphalt blades and iron blades in the amount of $4,151.15. It was the consensus of Council that the Town Administrator provides an estimate of how much it would cost to outsource the Town’s paving projects.

5) Resolutions from other Cities & Towns:

    1. Town of Exeter

i) Bill in support of the USS Saratoga Museum Project

Councilor Littman noted that the Council had previously submitted a resolution in support of the USS Saratoga Museum Project to relocate the USS Saratoga to Quonset/Davisville for the purpose of creating a museum and educational center.

It was moved by Councilor Long, seconded by Councilor Willis to accept 1 (c), 2 and 5 (a). So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

1) Pursuant to RIGL 42-46-5(a) (2) Litigation

2) Pursuant to RIGL 42-46-5(a) (1) Personnel

PUBLIC HEARINGS

None

OPEN FORUM

    1. Scheduled request to address
      1. Amy Mower request to address GZA GeoEnvironmental re: report

      Previously addressed.

    2. Non-scheduled request to address

William Munger, Cole Street spoke in favor of leasing the upper portion of the golf course to the UK Sailmakers. Mr. Munger suggested that if the Council is considering not renewing their lease, then sufficient time should be given to UK Sailmakers in order for them to relocate their business. Additionally, Mr. Munger suggested that a long-range plan be considered for the building.

Randall Tyson, Seaside Drive requested that he be heard when the Council discusses the Harbor Management Commission.

Representative Bruce Long informed the Council that House Bill H7550, relating to the funding of the Environmental Impact Study at Quonset Point is being heard tomorrow, April 9, 2002 at 11:00 AM.

Representative William Murphy: informed the Council that there is a meeting scheduled on May 13, 2002 with the Economic Development Corporation. This will be an opportunity for the Town of Jamestown to voice their concerns, ask questions and to give a presentation.

Dennis Webster, Quonset/Davisville Liaison Committee Chair noted that the Committee will be meeting on April 11, 2002 to discuss this opportunity and will report back to the Council.

Joan Novack, Mt. Hope Avenue spoke in favor of the Recreation Department using the upper floor of the golf course.

Sterling Graham, Racquet Road spoke in favor of the UK Sailmakers renewing their lease.

Chris Powell stated that the golf course area and building should be used for recreation use for the community.

Emmet Turley, Seaside Drive encouraged the conservation of water usage by residents having private wells.

Council President Settipane suggested that the Water Study Committee look into the possibility of putting together educational material relating to the conservation of water usage for residents with private wells.

Mathew Bolles, Parks and Recreation Director informed the Council that the recreation programs are using the Town facilities to the maximum. In some instances, some programs have had to be discontinued.

Marybeth Murphy, Ft. Getty Road informed the Council that her dance program is constantly being displaced because of lack of space for recreation programs. She spoke in favor of the Recreation Department leasing the upper floor of the golf course.

Owen Joyce, Sailmaker in Newport spoke in favor of the UK Sailmakers further noting that the sailing industry is very important in Jamestown.

Cynthia Morretti, Beacon Avenue spoke in favor of the Recreation Department leasing the upper floor of the golf course.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

    1. Town Administrator’s report (attached hereto)

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Town Administrator Report

April 8, 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

On March 25 & 26, 2002, 1 attended a workshop at the Naval War College with Emergency Management Director Craig Watson, Chiefs' Tighe and Christman and Sgt. Donovan. During the workshop local communities were broken up in to small groups by geographic locations. The Town of Jamestown was grouped with the East Bay Communities and Newport Hospital. The state's Emergency Management Council presented the mock situation of a bioterrorist attack.

The local communities then discussed at length responses, staffing needs, education of our residents, and many other critical topics. Those who attended the workshop met on April 5, 2002 to begin discussing how the Town would prepare for such a situation. In the coming months the Emergency Management Director Craig Watson and I will be working on an extensive emergency management plan relating to bioterrorism. It was the strong sentiment of the leaders of this conference that given the extent of the terrorist network worldwide, its increasing sophistication and funding, we must plan for such an event.

Last week a question was raised concerning the response time of our volunteer rescue department. A prompt meeting was held which included Chief Tighe, Chief Christman, Deputy Chiefs Bryer and Froberg, Ambulance Commander Vassella, Council President Settipane and I. During this meeting Fire and Ambulance Officials informed us their response times are consistently within fifteen minutes. This has been the norm for the past twenty years. Additional EMTs will be finishing their required course work in preparation of the state testing in the coming weeks. This will increase the number of EMTs for both the rescue and ambulance corps. The fire/rescue department will implement on a six-month trial schedule for the EMTs. If any Council member knows of any resident that has expressed an interest in joining our volunteer fire/rescue or ambulance department, please encourage them to sign-up.

I received a call from Paul McNevin with Gannett Fleming. He may not have the report relating to the Highway Facility available for Monday night, but he will definitely deliver them to the Town on Tuesday. I will make the report available to you at the police station on Tuesday night.

GREAT NEWS: The CRMC subcommittee on right-of-ways voted to recommend to the full CRMC council that High Street is a public right-of-way. I have not heard when the full Council hearing will take place.

Just a reminder April 13, 2002, is the Town's annual Hazardous Waste Day, at Jai Alai. It's a great opportunity to get rid of old paint, oil and other hazardous materials.

Attached please find a copy of a letter for Dan Beardsly, Executive Director of the RI League of Cities & Town. As you can see the Town has benefited greatly through this program.

Attached please find a copy of the Comprehensive Plan for Drainage Improvements for Jamestown Shores requested by the Council.

Councilwoman Willis requested the following information relating to the number of transfer station stickers:

Fiscal Year 3/1/01 to 2/28/02

1259 stickers @ $40.00

457 stickers @ $5.00

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The Town Administrator updated the Council on additional items.

Gannet Fleming Report

The Gannet Fleming Report will be at the Town Hall, Library, Planning Office and Town Office for anyone who wishes to review it.

Proposed Noise Ordinance

It is expected that noise meter readings will be taken throughout the summer months. However, it is expected that a draft of the proposed Noise Ordinance can be available prior to the conclusion of meter readings.

Proposed Watercraft Ordinance

The Harbor Management Commission is presently working on a Watercraft Ordinance; the Town Administrator will update the Council on their progress.

Council President Settipane commented that the Harbor Environmental Management has recently passed a revision to the watercraft law that will now require licensing and classes for the operation of watercraft.

Plat 8, lots 476 and 871

There are no immediate plans for this property. Consideration will be given to affordable housing.

Representative Murphy informed the Council that the building located on the corner of Narragansett Avenue and Grinnell Street is being discussed by the Affordable Housing Committee. There have been preliminary discussions with Church Community Housing to raise money to rehabilitate the building. Mr. Murphy stated that the Affordable Housing Committee is working out a plan to present to the Council.

It was the consensus of the Council that plans for the property recently acquired by the Town (Plat 8, Lots 476 and 871) be put on the agenda of June 10, 2002 for further discussion.

Drainage Improvements

(RIPDES Phase II Storm Water Final Regulations and Grant Proposals for Storm Water Management Planning Projects)

It was the consensus of the Council that a grant proposal be presented to the Council at the first Council meeting in May for their review and approval regarding the Storm Water Management Planning Projects.

Water Conservation

The Town Administrator reported that the reservoir has risen fifty-three inches since pumping began in January from South Pond to North Pond. Although draught conditions remain throughout the State, the Jamestown Reservoir is in good standing compared to other communities.

2) Planning Commission

      1. Comprehensive Community Plan

The Town Planner reviewed the changes as recommended by the Town Council at the March 25, 2002 Town Council meeting.

Councilor Willis stated that Lot 47 should not be considered part of public facilities. Councilor Willis further stated that she would only consider including Lot 47 as public facility only after Council’s full public deliberation and vote.

The Town Planner informed the Council that maps used by previous Town Planners indicate that Lot 47 was included in public facility zone. However, on the smaller reduced version of those maps, the boundary is not clear.

There was further discussion on Lot 47. Council President Settipane suggested that the Council review minutes of meetings in reference to the intentions for Lot 47 and to provide them to the Council for review.

The Town Planner stated that it is her understanding that the Comprehensive Plan Future Land Use Map as approved by this Council or previous Councils, designates the official record, much the same as the Zoning Map designates the official record of boundaries for zoning districts in the Town of Jamestown.

Town Solicitor Douglas DeSimone noted that it was his opinion that the Future Land Use Map is the official record; however he would recommend checking the enabling act to be certain. Additionally, Mr. DeSimone indicated that the 2000 Future Land Use Map presently before the Council should relate what this Council believes is appropriate.

It was moved by Councilor Littman, seconded by Council President Settipane to request that the Town Solicitor obtain documentation of the meetings that discuss the 1991 Comprehensive Community Plan Future Land Use Map and to obtain the minutes of the meetings of the Town Council that relate to the purchase of Lot 47, and to give an opinion regarding the designation of Lot 47. So unanimously voted.

Other Council changes for consideration are as follows:

Section references Request Request made by

Page 27 remove statement – when deliberating the Willis

Highway Garage project, the Town Council

should consider the recommendation of the

Committee.

Page 27 remove above, but insert – Town Committees Settipane

including the Highway Barn Committee and the

Building and Facility Committee have reviewed

plans and made recommendation to the Town

Council.

Page 209 number of school employees – review numbers Littman

for accuracy.

Page 196 first paragraph, last sentence – remove wherever Littman

need

Page 208 figures differ from self study figures Settipane

The Town Planner noted that both sets of figures were taken from September figures provided by the School Department.

It was moved by Councilor Willis, seconded by Councilor Swain to continue the Community Comprehensive Plan to the next Council meeting on April 22, 2002 for approval. So unanimously voted.

3) Conservation Commission

      1. Letter re: Earth Day

Conservation Commission Chair Christopher Powell invited the Council to the annual Earth Day Cleanup on Saturday, April 20, 2002.

4) Quonset/Davisville Liaison Committee

    1. Letter from Chair re: Additional members

It was moved by Council President Settipane, seconded by Councilor Willis to increase the number of committee members on the Quonset/Davisville Liaison Committee to no more than nine members and with the establishment of term limits of two years from the date of the approval of this motion. The Town Clerk will advertise and set up interviews for the new positions.

It was moved by Councilor Littman, seconded by Councilor Willis to amend the motion to include placing the review of the charge for the Quonset/Davisville Liaison Committee on the Agenda for the April 22, 2002 Town Council Meeting.

The motion as amended was so unanimously voted.

It was the consensus of the Council to take a five-minute break at 10:00 PM. Council returned at 10:10 PM.

UNFINISHED BUSINESS

1) Adopt-a-Spot Program re: revised plan; if favorable, motion to approve (cont. from 03/25/2002)

It was moved by Councilor Swain, seconded by Councilor Littman to approve the Adopt- A-Spot program as presented. So unanimously voted.

2) Narragansett Electric: Cable Project re: review of previous submitted material (cont. from 03/11/2002)

    1. Letter re: cable project

Town Council President Settipane noted the Narragansett Electric Company has withdrawn their plans to install a supply cable from the West and will proceed with developing a plan to replace the damaged cable in the East Passage.

It was moved by Councilor Swain, seconded by Council President Settipane to accept the communication from Narragansett Electric. So unanimously voted.

3) Legislation from North Kingstown (cont. from 03/25/2002)

The Council discussed Resolution S 2665, an act that would permit the director of the Department of Environmental Management to grant an approval of alterations of wetlands for any project on land owned by the State or leased to the State, a State agency, or a governmental agency and public instrumentality of the state or any subsidiary thereof, even in cases where the city or town council of the municipality within which the project lies disapproves.

Representative Murphy pointed out that S 2665 that the way the law is presently written, the Town would have the right, for cause, to object to a wetlands alterations; the proposed change will void that right. Representative Murphy recommended that the Council oppose this resolution.

It was moved by Council President Settipane, seconded by Council Willis that we draft a resolution that opposes Senate Bill S 2665 for Town Council signature. So unanimously voted.

4) Bill S 2665 Relating to Agriculture and Forestry – Agricultural Functions

of the Department of Environmental Management (cont. from 03/25/2002)

Previously discussed.

5) Comprehensive Community Plan; if favorable, motion to approve (cont. from 03/25/2002)

Previously discussed.

6) Lease of Golf Course re: upper level (cont. from 03/25/2002)

The Council discussed the expanded needs of the Recreation Department and their concerns for the displacement of the current lessee UK Sailmakers, on such short notice. Additionally, there was discussion on the need for long range plans for the building.

It was moved by Councilor Swain, seconded by Councilor Willis to approve the lease for the UK Sailmakers for one year with the terms and conditions outlined in their letter of proposal dated March 12, 2002.

It was moved by Councilor Littman, seconded by Councilor Willis to amend the motion to extend the lease to UK Sailmakers for eighteen months.

It was moved by Council President Settipane, seconded by Councilor Long to amend the amended motion so that UK Sailmakers be allowed to stay there until October 1, 2002.

The vote on the amended motion to allow the UK Sailmakers to lease the building until October 1, 2002 was Council President Settipane, aye; Councilor Long aye; Councilor Littman, nay; Councilor Swain, nay; Councilor Willis, nay. The motion failed.

The vote on the amended motion to allow the UK Sailmakers to lease for eighteen months, with the terms and conditions as outlined in their letter of proposal dated March 12, 2002 was Council President Settipane, nay; Councilor Long, nay; Councilor Littman, aye; Councilor Swain, aye; Councilor Willis, aye. The motion passed.

7) Gannett Fleming work session for 04/16/2002 (per Town Administrator)

    1. Set time for work session

It was the consensus of the Council to hold the work session with Gannet Fleming on April 16, 2002 at 7:30 PM.

8) Harbor Management Commission

    1. Harbor Management Comprehensive Plan
    2. The Town Solicitor noted that in reviewing documents to prepare an opinion regarding the qualifications of the present members of the Jamestown Harbor Management Commission to hold their respective positions as members of the Commission, it was found that in September 6, 1996 the Town was notified that the Harbor Management Comprehensive Plan was approved for a five-year period. That letter raised the question of whether the Harbor Management Commission has gone back to CRMC for a reapproval or an extension since that five-year approval would expire in September 2001.

      Harrison Wright informed the Council that the Harbor Management Commission has been in contact with CRMC and in September of 2001 presented a draft plan to them. The Harbor Management Commission is continuing to work with CRMC on both the Harbor Management Ordinance and the Harbor Management Comprehensive Plan.

    3. Composition of Board
        1. Town Solicitor letter of opinion

The letter of opinion addresses the position of Interested, but Otherwise Unaffiliated. It is the opinion of the Town Solicitor that the phrase "but otherwise unaffiliated" refers to a representative who is not a member of any of the other nine groups. The present representative appointed to the Interested, but Otherwise Unaffiliated position is a "recreational boater" and holds a "commercial fishing license" makes Mr. Anderson a member of two groups already represented on the Commission; and therefore, is not "otherwise unaffiliated". It was the Town Solicitor’s recommendation that Mr. Anderson’s position must therefore be declared vacant by the Council and re-advertised.

Mr. Anderson noted that although he has varied interests, he did not consider himself as affiliated with any particular group and therefore, considered himself qualified for this position.

The Town Solicitor stated that the Council should look at the intent of the Ordinance, that being, that there would be diverse representation and that each person would represent the interests of a certain group. It is the clear intent that Interested, but Otherwise Unaffiliated means - Interested: interested in the harbor; Otherwise Unaffiliated: that person is not a representative of any one of the nine groups.

Mr. Anderson read a letter requesting that his seat be set aside.

It was moved by Council President Settipane, seconded by Councilor Swain that the Council accept the letter of resignation and withdrawal and that Mr. Anderson’s letter of interest for a position on the Harbor Management Commission be kept on file. So unanimously voted.

Randall Tyson, Seaside Drive, read a letter relating to the Jamestown Harbor Management Commission and his request for an investigation into adherence to the Harbor Ordinance.

It was moved by Councilor Swain, seconded by Councilor Willis to accept the communication from Randall Tyson. The vote was Council President Settipane, aye; Councilor Willis, aye; Councilor Swain, aye; Councilor Littman, aye; Councilor Long, nay. The motion passed.

It was the consensus of the Council to put the communication from Randall Tyson on the agenda for the April 22, 2002 Council meeting.

COMMUNICATIONS

Letters in support of UK Sailmakers:

      1. Diana Andreozzi
      2. John Augustus Wayt, III
      3. Jim Heagney
      4. Clement Napolitano
      5. Karen K. Wilkie
      6. Jim Archibald

It was moved by Councilor Swain, seconded by Councilor Littman to accept the letters in support of the UK Sailmakers. So unanimously voted.

    1. Letter from the Women’s Resource Center re: April 11th invitation
    2. It was moved by Councilor Swain, seconded by Councilor Willis to accept the invitation from the Women’s Resource Center. So unanimously voted.

    3. Letter from the Office of Water Resources re: RIPDES Phase II Storm Water Final Regulations & Grant Proposals for Storm Water Management Planning Projects

Previously discussed. It was moved by Councilor Willis, seconded by Councilor President Settipane to accept the letter from the Office of Water Resources. So unanimously voted.

NEW BUSINESS

1) Victualing Renewal Licenses:

a) Jean Page, Inc. d/b/a Pages

30 Southwest Avenue

It was moved by Councilor Swain, seconded by Councilor Willis to approve the Victualing License Renewal for Pages, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.

2) One Day Peddler License:

    1. Quonnouquott Garden Club for May 18th at East Ferry

It was moved by Councilor Willis, seconded by Council President Settipane to approve the One Day Peddler License for Quonnouquott Garden Club for May 18, 2002. So unanimously voted.

3) Bill 2002-H 7621 An Act Relating to Municipal Playground Safety (per Representative Murphy)

Representative William H. Murphy introduced House Bill H7621 to the Council and requested their support. The Council discussed the possibility that this bill could provide the opportunity for State funding for the Melrose Avenue playground.

It was moved by Council President Settipane, seconded by Councilor Long to adopt a resolution to support House Bill 2002-H 7621.

It was moved by Councilor Swain, seconded by Councilor Willis to endorse only that portion that relates to playgrounds.

The amended motion was so unanimously voted.

    1. Verizon Communications petition re: one new joint stub pole and anchor guy to be located on Beavertail Road
    2. It was moved by Councilor Littman, seconded by Council President Settipane to refer the request for one new joint stub pole and anchor guy to be located on Beavertail Road to the Public Works Director. So unanimously voted.

    3. Letter from RIDOT Real Estate Division to the Town of Jamestown re: purchase of Plat 5 Lots 419 & 421

It was moved by Council President Settipane, seconded by Councilor Swain to authorize the Town Solicitor in co-operation with the Town Administrator to develop a conservation easement as recommended by the Department of Transportation. So unanimously voted.

Harbor Management Commission

It was the consensus of the Council that the composition of the Harbor Management Commission be continued to the next Council meeting on April 22, 2002.

EXECUTIVE SESSION

It was moved by Councilor Long, seconded by Council President Settipane to enter into Executive Session at 11:50 PM, pursuant to RIGL 42-46-5(a) (1) personnel and 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.

1) Pursuant to RIGL 42-46-5(a) (2) Litigation

2) Pursuant to RIGL 42-46-5(a) (1) Personnel

The Council returned from Executive Session at 12:05 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.

It was moved by Council President Settipane, seconded by Councilor Littman to authorize the Town Solicitor to take the necessary action as discussed in executive session relating to litigation. So unanimously voted.

There being no further business before the Council it was moved by Council President Settipane, seconded by Councilor Long to adjourn the meeting at 12:06 PM. So unanimously voted.

Attest:

Arlene D. Kalooski

Town Clerk