TOWN COUNCIL MEETING

Jamestown Philomenian Library

26 North Road

Monday, April 22, 2002

7:00 PM

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road at 7:02 PM by Council President Guy J. Settipane. The following members were present:

David A. Swain, Vice President

Kenneth G. Littman

Norma B. Willis

Absent: David J. Long

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director

Kimberly A Turcone, Deputy Town Clerk

Douglas DeSimone, Town Solicitor

Lisa W. Bryer, Town Planner

Richard Allphin, Zoning Board of Review

Victor Calabretta, Planning Commission

Representative William H. Murphy

Representative Bruce Long

Katherine Kaiser, School Committee

Dennis Webster, Quonset/Davisville Liaison Committee

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

1) Proclamations:

a) Arbor Day

    1. Request of Donna Drago

Councilor Settipane read the proposed proclamation as follows:

Proclamation #02-011

WHEREAS: Arbor Day is observed throughout the nation and world; and

WHEREAS: Trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for woodlife; and

WHEREAS: Trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products; and

WHEREAS: Trees increase property values and enhance the economic vitality of business areas; and

WHEREAS: Trees, wherever they are planted, are a source of joy and spiritual renewal; and

WHEREAS: Our community has been blessed with a plentiful number and variety of trees which have beautified our landscape and added a touch of nature,

NOW, THEREFORE, the Town Council of the Town of Jamestown, Rhode Island does hereby proclaim April 26, 2002 as Arbor Day in the Town of Jamestown, and does hereby urge all citizens to support efforts to protect our trees and woodlands, and

FURTHERMORE, all citizen are urged to plant trees to gladden the hearts and promote the well-being of present and future generations.

A motion was made by Councilor Settipane and seconded by Councilor Willis to accept the Arbor Day Proclamation. So unanimously voted.

b) Opposition to Senate Bill S 2665 Alteration of Wetlands

Rep. William H. Murphy stated that this bill opposes the State of Rhode Island from becoming exempt from developing wetlands. It was the consensus of the Council, because of previously voting on this issue, that they accept the proclamation for signatures only.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

It is hereby given by the Town Council of the Town of Jamestown, being the Licensing Board in said Town as provided under Title 3, Chapters 1-12 of the General Laws of Rhode Island 1956, and as amended that the following application has been received by the Town Council for license transfer under said Act, for the year ending December 1, 2002:

TRANSFER:

CLASS B-VICTUALER

Schoolhouse Café, Inc.

dba: Beavertail Grill

14 Narragansett Avenue

Jamestown, RI 02835

TO:

SeaDish, Ltd.

dba: Tricia’s Tropigrille

14 Narragansett Avenue

Jamestown, RI 02835

NEW LICENSE:

SeaDish, Ltd.

dba: Tricia’s Tropigrille

14 Narragansett Avenue

Jamestown, RI 02835

John Murphy, representing SeaDish, Ltd., requested that the liquor license transfer be advertised.

A motion was made by Councilor Settipane and seconded by Councilor Littman to order advertising for April 26th and May 3rd in the Newport Daily News and for a hearing to be held at the Jamestown Library on May 13th at 7 pm. So unanimously voted.

CONSENT AGENDA

It was requested that items 1 (b), 2 and 3 (e) be removed from the Consent Agenda. A motion was made by Councilor Willis and seconded by Councilor Littman to accept the Consent agenda as amended. So unanimously voted.

    1. Adoption of Council minutes:
      1. 04/08/2002 Regular Meeting
    1. Copies of Minutes of Boards & Committee Meetings:
      1. Harbor Management Commission (03/13/2002)

i) Sub Committee (03/08/2002, 03/18/2002, 03/20/2002)

b) Affordable Housing (02/11/2002)

c) Planning Commission (03/20/2002, 04/03/2002)

    1. Quonset/Davisville Liaison Committee (03/28/2002)
    1. Town Charter Review Committee (03/26/2002, 03/28/2002)
    2. Town Buildings and Facilities Committee (03/14/2002)
    3. Water Resource Protection Committee (03/06/2002)
    4. Conservation Commission (03/12/2002)

4) CRMC Notices:

    1. Cease & Desist Order to Louis Mariorenzi & Priscilla Szneke, 84 Bay View Dr. re: failure to install buffer zone plantings on property located at Plat 8, Lot 271, 84 Bay View Dr.

5) State Planning Council Hearings:

    1. Drought Management May 2nd from 4:30 – 6:30 PM, Providence
    2. RI Energy Plan 2002 May 8th at 6:30 PM, Providence

6) Navy Station Newport Restoration Advisory Board Meeting minutes from 03/20/2002

7) Zoning Board of Review abutter notification to the Town of Jamestown re: the application of Jamestown Place, LLC, whose property is located at 28 Narragansett Ave. for a Dimensional Variance to permit an off street loading dock.

8) Tax Abatement/Addenda

******************************************************************

3) Copies of Minutes of Boards & Committee Meetings:

    1. Personnel Board (02/12/2002, 04/02/2002 & packet to include:

04/18/2001, 01/02/2001, 12/18/2000, 11/29/2000, 09/19/2000)

Councilor Willis had several questions regarding the minutes submitted by the Personnel Board. She questioned why the minutes were not approved by the Board. She also showed some concern that the minutes were in violation of the Open Meetings Act, being submitted over the 35 day time allowance.

A motion was made by Councilor Littman and seconded by Councilor Willis to request that the Personnel Board correct their minutes as submitted and request that the corrected minutes include an official vote approving them as the official record of the meeting. So unanimously voted.

2) Bills and Payroll

Councilor Littman had a question regarding the reimbursement of a campsite at Ft. Getty. The Town Administrator stated that due to the applicants health a refund was issued. She added that Ft. Getty has a rather large waiting list and the Town should have no problem filling the site.

A motion was made by Councilor Settipane and seconded by Councilor Willis to accept Bills & Payroll as submitted. So unanimously voted.

1) Adoption of Council minutes:

b) 04/16/2002 Work Session

A motion was made by Councilor Settipane and seconded by Councilor Willis to approve the work session minutes as submitted. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

1) Pursuant to RIGL 42-46-5(a) (5) Real Estate (per Town Administrator)

a) Lease Negotiations

2) Pursuant to RIGL 42-46-5(a) (2) Litigation (per Town Solicitor)

It was the consensus of the Council to move Executive Session to the end of the meeting.

PUBLIC HEARINGS

1) Proposed changes to the Zoning Ordinance relating to Open Space and Public Zones including Development Plan Review

The following people spoke in favor of the proposed Public Zone change (with comments to follow):

Dennis Webster, Mt. Hope Ave. (former member of Planning Commission)

Victor Calabretta, Planning Commission

Craig Amerigian, Narragansett Ave.

Bob Dolan, Coronado St.

Mary Webster, Mt. Hope Ave.

The following people spoke against the proposal of turning lot 47 into a Public Zone (with comments to follow):

Andrew Teitz (Legal Counsel representing abutters*)

Mr. & Mrs. David Lussier*, Prospect Ave

Dr. James K. Cardi*, North Main Rd.

David King*, North Main Rd.

Amy Mower*, North Main Rd.

Mr. & Mrs. Daniel O’Neil*, Summit Ave.

Robert Gray, Constellation Ct.

Raymond Iannetta, North Main Rd.

Phillip Willis, North Main Rd.

Mr. & Mrs. David Martin, Fairview St.

Karen Camp, Columbia Ln.

Michael Dutton, North Main Rd.

Mr. & Mrs. Dominic Munafo

Marsha Lindsay, Constellation Ct.

Rita Hansen, America Way

Linda Jacobson, North Main Rd.

The following people spoke in regards to concerns they had regarding a Public Zone (with comments to follow):

Randy Tyson, Personnel Board

Richard Allphin, Zoning Board of Review

William Munger, Cole St.

The Town Planner reviewed the proposed Zoning Ordinance changes including the addition of a Public Zone. The Town Solicitor added that the Planning Commission wanted to tie in Town property such as the Police Station and similar buildings owed by the Town in residential areas. He stated that several communities have a Public Zone, such as South Kingstown in which this ordinance is modeled after.

Council requested to hear comments from the public.

Dennis Webster stated that he was in favor of the proposed zoning change and added that the Town has had two committees in the past that determined that the Transfer Station was the best place for the Highway Barn. It would create a hardship on the Town’s part if it had to go to the Zoning Board of Review to get a Special Use Permit to use plat 2 lot 47 for a Highway Barn.

Donald Forest asked why the Town was considering lot 47 for a Highway Barn.

Vic Calabretta stated that he was in favor of the proposed zoning change and added that the Highway Barn was being considered for lot 47 before the Planning Commission proposed the zoning change. He stated that the Planning Commission just wanted to call it what it was and provide the means for the property to expand its use.

Craig Amerigian stated that he supported the change but asked why Ft. Wetherill was not on the list.

The Town Planner stated that the Ft. Wetherill site was not appropriate for a Highway Barn but is listed as a proposed Public Zone.

Bob Dolan stated that a Public Zone is a general use and practical.

Mary Webster suggested that the Town look beyond a Highway Barn.

Randy Tyson questioned why the recreation field on Eldred Ave. was not considered as part of the proposed Public Zone. The Council, Town Solicitor and Town Planner all stated that the Town has strict deed restrictions on that lot which the State gave to the Town. The Town Planner added that it has been designated as Open Space II.

Attorney Andrew Teitz, representing six concerned north end landowners, voiced the concerns of his clients to the Council. His concern was that he did not understand the rationale the Town had by placing a highway barn facility on lot 47 due to the nature of the land being located in a residential area. He also voiced his concerns regarding Jamestown’s problem regarding water and the lack of it during times of drought. He stated that the best place, in his and his client’s opinion, would be the Sewage Treatment Plant.

Attorney Teitz then introduce Anthony Lachowicz a certified Planner and presented his resume as an exhibit. In all, Attorney Teitz introduced 10 exhibits as follows:

      1. Anthony W. Lachowicz – resume
      2. Anthony W. Lachowicz – letter of findings pertaining to plat 2 lot 47
      3. Comprehensive Community Plan – future land use map
      4. Comprehensive Community Plan – public facilities map
      5. Letter from David Lussier re: petition opposed to lot 47
      6. Letter from David re: analysis of Gannett Fleming report
      7. Report from David Lussier re: Highway Dept. operations cost analysis
      8. Peter M. Scotti – qualifications
      9. Peter M. Scotti – letter of findings pertaining to plat 2 lot 47
      10. Colored map

Mr. Lachowicz stated that the terms for the proposed ordinance are very vague and there is no description in the Comprehensive Plan to explain the rationale for a Public Zone. The Comprehensive Plan should state the intent and purpose of a Public Zone. He also stated that lot 47 is the only proposed property without a building on it.

David Lussier stated that he is an engineer and has done a site cost analysis on lot 47 compared to the Sewage Treatment site.

Peter Scotti, a real estate expert, stated that having a Highway Barn on lot 47 would devalue the homes in the area as well as be an inappropriate use. He concluded that building a Town facility on lot 47 would have a negative impact on the property. Also any salt that would be stored on the site would contaminate surrounding wells in the area.

Robert Gray stated that it was irresponsible of the Town to consider lot 47.

William Munger noted that the Town shouldn’t decide where the Highway Barn or Town Hall should go until it reviews its excess property.

Ray Iannetta stated that North and South Kingstown have expanded Public Zones. Jamestown cannot conceive of expanding like they have because the Town has limited land to develop.

Richard Allphin stated that current zoning prohibits building on lot 47 and for as long as he’s been on the Zoning Board of Review, the Board has never allowed any development in a prohibited district.

David Martin stated that the dump has existed for many years as a non-conforming use. Over the years it became a landfill and now a transfer station. The Town has built sheds and disposed of sludge from the Sewage Treatment Plant in the past. Vehicles are also stored there even though it is prohibited under the present Zoning Ordinance. He stated his concern regarding three paper roads that exist on the Transfer Station site. He concluded that the Highway Barn does not belong in a residential area.

Karen Camp stated that she was opposed to lot 47 as well as Michael Dutton, Daniel O’Neil, Jan Martin and Donna O’Neil.

Dennis Webster stated that the Council minutes from 1985 state that the Town bought lot 47 with the intention of expanding the Transfer Station.

Randy Tyson stated that there are other lots that the Town should consider.

Andy Teitz gave his closing augments stating that putting the Highway Barn on lot 47 is not rationale.

The Planner stated the Planning Commission found the proposed zoning change consistent with the Comprehensive Plan.

Councilor Littman expressed his concern that the only issue really discussed at the hearing was the Highway Barn and not the proposed zoning change.

Councilor Willis stated that the Town is still in the process of moving the Town Hall and that commercial space is limited on the island. The Town may want to sell the Town Offices on Southwest Avenue but placing it in a Public Zone may restrict a sale or use of the property.

A motion was made by Councilor Settipane and seconded by Councilor Willis to close the Public Hearing at 9:15 pm and continue discussion on May 13th. Councilor Settipane – aye; Councilor Willis – aye; Councilor Swain – nay; Councilor Littman – nay. Motion fails.

A motion was made by Councilor Littman and seconded by Councilor Settipane to continue the Public Hearing at 7:30 pm on May 13th. So unanimously voted.

A motion was made by Councilor Settipane and seconded by Councilor Swain to break at 9:17 pm and to reconvene at 9:30 pm. So unanimously voted.

OPEN FORUM

    1. Scheduled request to address
    2. Non-scheduled request to address
      1. Kathy Kaiser of the School Committee requested that the Town Council adopt a resolution regarding May as Teacher Appreciation Month and on May 17th as Teachers day.

A motion was made by Councilor Swain and seconded by Councilor Littman to accept the proclamation. So unanimously voted.

Councilor Settipane read the proclamation as follows:

Proclamation #02-013

WHEREAS: A strong, effective system of free public school education for all children and youth is essential to our democratic system of government; and

WHEREAS: It is the mission of the Jamestown School community to prepare all students to be productive and creative world citizens; and

WHEREAS: Jamestown School’s qualified and dedicated teachers are committed to nurturing the potential and individuality of each student; and

WHEREAS: Teachers should be accorded high public esteem, reflecting the value the community places on public education; and

WHEREAS: It is appropriate that teachers be recognized for this dedication and commitment to educating their students, therefore be it

RESOLVED: That the Town Council of Jamestown, Rhode Island, hereby proclaims May 2002 Teacher Appreciation Month in Jamestown and urges all citizens to pay tribute to our public school teachers.

A motion was made by Councilor Littman and seconded by Councilor Settipane to proclaim May 2002 as Teacher Appreciation month and to urge all Jamestown residents to pay tribute to the Town’s hard working teachers. So unanimously voted.

Ray Iannetta, North Main Rd. raised his concern regarding telephone poles that were moved to the Transfer Station and requested that the Town have them removed due to the contamination of soil they might create. He also asked that the Zoning Official review the regulations with the Public Works Department and Town Administrator on what can and cannot be placed at the Transfer Station.

Councilor Settipane explained that he has talked to DEM regarding the matter and that temporary storage is allowed as well as ‘clean" debris. The Town Administrator stated that the poles were for the Narragansett Electric cable project and that she would call the electric company to have them removed.

Councilor Willis expressed her concern regarding storing the telephone poles at the Transfer Station.

Bill Kelly, Reservoir Circle stated his concern regarding the work environment at the present Highway Barn. He stated that the work conditions at the present site are deplorable and that the Town needs to make its decision on a site due to that fact alone. He also stated that he is surprised that the Town has not heard from the Department of Health or Highway Union on this matter. He stated that he is a retired Director of Public Works and has seen worse contamination at other landfills. He concluded that Jamestown’s landfill is not as bad as some he had worked on and urged the Council to make a decision regarding this matter.

Jill Anderson, West Reach Dr. questioned why just a few agendas are posted on the Internet. Richard Allphin stated that the Town website is still not up and running.

Councilor Settipane suggested that a copy of the minutes to all Boards, Commissions and Committees be kept at the Library.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

    1. Town Administrator’s report

------------------

Town Administrator Report

April 22, 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

I spoke with Steve Goslee about the possibility of using the front portion of the Muksian property as a parking lot for this upcoming summer season. He said the Public Works Department could install entrance/exit on Grinnell Street and lay blue stone for a parking area. The Public Works Department will have this project completed by the end of May. This will allow us to use the lot through the summer months.

The Town currently has an agreement with Richard Shutt to be the caretaker of the Beavertail Lighthouse. This agreement expires on October 31st. Approximately a year ago, the Council requested the Affordable Housing Committee provide criteria for future occupants of the Beavertail Lighthouse. I will be working with the Town Planner who is the Town Department liaison to this committee. Lisa and I will begin the process of advertising for a new caretaker. I will have my recommendation for a new caretaker to the Council in mid summer. For your information I have attached a copy of the current lease.

As you requested, I have included the information relating to the cost of paving town roads by comparing town employees cost for paving vs. outsourcing the project. As you can see by the attached information, the difference in cost is approximately 90 cents per square yard. For smaller projects such as paving in the Shores, I would recommend continuing to have Town employees complete the project. However, if the Town were looking to pave a fairly long town road, I would recommend getting bids in consideration of possibly outsourcing the project. Often, private contractors have much larger and sophisticated equipment. Also the mobilization cost for a private vendor would be reduced for large single projects.

In reference to the item on the Town Council agenda relating the assessment of town government, I would like to update you with the status of this project. As I previously reported, I have contacted the ICMA and Dan Beardsley, Executive Director of the League of Cities & Town, for input as to the best way to approach and complete such a comprehensive report. They are in the process of providing us that information. Now that the budget season is over, I look forward to completing this project for presentation to the Council. I have requested extensive information from Department Heads to assist me in the preparation of this report and am currently compiling this information. I anticipate completing the project within the next three to five weeks.

For your information, I have attached a recent newsletter I received from the Trust (the Town's liability insurance company).

---------------------

The Town Administrator reviewed her report with the Council.

Councilor Littman requested that the Council discuss the lease of the Beavertail Lighthouse Keeper in executive session at the next meeting.

A motion was made by Councilor Settipane and seconded by Councilor Willis to have the Town Solicitor review all Town issued license applications for local events and for the pavilion, in light of article published by the Town’s liability insurance company. So unanimously voted.

2) Tree Preservation and Protection Committee

    1. Invitation letter from Chair re: Arbor Day Celebration

A motion was made by Councilor Willis and seconded by Councilor Settipane to accept the letter regarding Arbor Day. So unanimously voted.

3) Quonset/Davisville Liaison Committee

a) Letters regarding:

      1. Container Barge Port

Dennis Webster reviewed his letter with the Council and requested that a member of the Council attend the meeting on May 13th. Councilor Swain and Councilor Settipane stated they would try to attend.

No action taken

b) Letter regarding Committee

c) Information re: makeup and charge of Committee (from Town Clerk)

A motion was made by Councilor Willis and seconded by Councilor Settipane to advertise for a 7 member Quonset/Davisville Liaison Committee and to encourage present members to reapply. Committee members will serve for 2 years with the present charge already assigned to the Committee. So unanimously voted.

      1. Request for proposals re: Environmental Impact Study (EIS) Consultant

Councilor Settipane suggested that hiring a consultant would be premature at this time. Representative Long suggested that the Town work in conjunction with North Kingstown’s consultant.

Dennis Webster reported that North Kingstown already has a consultant on board and if Jamestown has any issues it would like covered it should hired a consultant as soon as possible (i.e. noise). He stated that the Committee as well as the Town could use some professional advice on this matter.

Councilor Swain as well as Councilor Willis, stated that they would like to see a consultant hired.

A motion was made by Councilor Willis and seconded by Councilor Swain to draft a request for proposal for a consultant to assist the Town and the Quonset/Davisville Liaison Committee with the Environment Impact Study for the proposed Quonset/Davisville Port as put forth in the Dennis Webster’s letter.

A motion was made by Councilor Settipane and seconded by Councilor Willis to amend the motion to include a limit not to exceed $15,000.

After some discussion Councilor Settipane with drew his motion.

A vote was taken on the initial motion and so unanimously voted to approve.

UNFINISHED BUSINESS

1) Community Comprehensive Plan (continued from 04/08/2002); if favorable motion to approve

The Town Planner reviewed the information provided which included a couple of

minor changes. The Council agreed that after hearing the public speak at the

public hearing, "Public Zone" needed a definition or some language to explain

why Jamestown needs a Public Zone. The Town Solicitor warned the Council

that extra language regarding this issue may cause the Town to readvertise for another public hearing.

Councilor Swain asked how binding the future land use map is. The Solicitor

noted that the map is a significant guide for zoning but Comprehensive Plans are

not cast in stone.

Councilor Willis stated that the Council needed to decide how to view a Public

Zone to make the future land use map work.

A motion was made by Councilor Settipane and seconded by Councilor Swain to

continue the Comprehensive Community Plan, as presented by the Town Planner,

to follow the Public Zone hearing on May 13th.

A motion was made by Councilor Swain and seconded by Councilor Littman to

amend the motion to accept the changes to the Comprehensive Community Plan

as presented by the Planner. So unanimously voted.

    1. Planning Commission report

A motion was made by Councilor Littman and seconded by Councilor Willis to accept the report from the Planning Commission. So Unanimously voted.

2) Letters from Vanasse Hangen Brustlin, Inc. re: Draft Site Investigation Report from GZA GeoEnvironmental Report

      1. Letter dated 4/8/2002
      2. Letter dated 4/10/2002

A motion was made by Councilor Swain and seconded by Councilor Littman to accept the report as presented. So Unanimously voted.

A motion was made by Councilor Settipane and seconded by Councilor Swain to forward the report to GZA for their review. So Unanimously voted.

  1. Gannett Fleming Report (cont. from Board of Water and Sewer 04/16/2002)
  2. The Town Administrator reported that she did not receive the report until early that afternoon. She recommended that the Council continue any further discussion until May 13th at which time she will have Garrett Fleming present to discuss their findings with the Council.

  3. Letter submitted by W. Randall Tyson (continued from 04/08/2002)
  4. The Town Solicitor requested that the series of allegations set forth in Mr. Tyson’s letter be taken up in executive session with the presence of the Town Administrator and Harbor Commission Chair, David Pritchard. If the Harbor Chair and/or Town Administrator would like to discuss the allegations produced in Mr. Tyson’s letter, they may do so in open forum. However, the Solicitor reported that he found no evidence that David Pritchard should be removed from the Harbor Commission. As for the Harbormaster, a review of his position finds that he is meeting all of the job requirements and criteria.

    A motion was made by Councilor Settipane and seconded by Councilor Littman to move the allegations made by Mr. Tyson to executive session and to invite the Town Administrator and Harbor Commission Chair David Pritchard to attend that session on May 13th.

    A motion was made by Councilor Swain and seconded by Councilor Littman to amend the motion to include the Harbormaster. So Unanimously voted.

  5. Harbor Management Commission re: Town Solicitor’s review of positions (continued from 03/25/2002)

A motion was made by Councilor Settipane and seconded by Councilor Willis to defer the letter of Mr. Tyson to the Solicitor and invite the Harbor Chair, Town Administrator and Harbormaster to the next executive session on May 13th. So unanimously voted.

6) Town Administrator’s Report re: status of report for Council (per Councilor Willis)

The Town Administrator reported that she would have the report ready in 3-5 weeks.

COMMUNICATIONS

    1. Letter in support of UK Sailmakers:
      1. John E. Allen

      A motion was made by Councilor Settipane and seconded by Councilor Swain to accept Mr. Allen’s letter. So unanimously voted.

    2. Letter from the Chamber of Commerce re: Jamestown Place
    3. A motion was made by Councilor Littman and seconded by Councilor Settipane to accept the Chamber’s letter. So unanimously voted.

    4. Letter from RIDEM re: Boating Safety Education
    5. A motion was made by Councilor Willis and seconded by Councilor Littman to forward the correspondence to the Harbormaster and Harbor Department. So unanimously voted.

    6. Letters re: Zoning Ordinance Amendments:
      1. Joseph D’Arrigo
      2. John Conroy
      3. Anne Lane

      A motion was made by Councilor Willis and seconded by Councilor Littman to accept the letters of correspondence. So unanimously voted.

      Councilor Settipane requested that their names be added to the list of objectors of the proposed Public Zone Ordinance.

    7. Memorandum from David & Sheri Lussier re: Community Comprehensive Plan
    8. A motion was made by Councilor Swain and seconded by Councilor Settipane to accept Mr. & Mrs. Lussier’s letter. So unanimously voted.

    9. Letter from Mary M. Webster re: conflict of interest
    10. A motion was made by Councilor Swain and seconded by Councilor Settipane to accept Mrs. Webster’s letter. So unanimously voted.

    11. Letters re: Plat 2 Lot 47 Zoning Amendments
      1. Ernest & Rita Schenck
      2. Donna & Jeffrey Kelly

A motion was made by Councilor Swain and seconded by Councilor Settipane to accept the letters of correspondence. So unanimously voted.

Councilor Settipane requested that their names be added to the list of objectors of the proposed Public Zone Ordinance.

NEW BUSINESS

1) Event Application:

a) Jamestown School Student Council for May 18th to hold a Carnival at Lawn Avenue School

A motion was made by Councilor Settipane and seconded by Councilor Littman to grant permission for the School event. So unanimously voted.

OTHER COMMUNICATIONS

None

OPEN FORUM CONTINUED (if necessary)

Richard Allphin asked if the Council is going to look into the ethics matter of Councilor Willis brought up in Mary Webster’s letter to the Council (Communications #6). Mrs. Webster asked if Councilor Willis would to take any action.

The Town Solicitor stated that he did not see any conflict due to the fact that Councilor Willis ran for the Council using the Transfer Station/Highway Barn situations as her election campaign platform. He also stated that he would be very surprised if the Ethics Commission had a problem.

Councilor Willis stated that on the advice of her own legal counsel she would not comment on the issue.

Richard Allphin asked if she had a problem with going to the Ethics Commission to get an opinion. Councilor Willis reiterated her previous comment.

Mrs. Webster stated that Councilor Willis did not run using the platform that her property would be devalued if the Highway Barn were to moved to lot 47.

Randy Tyson hand delivered a communication from Steve McInnis to then President David Long dated May 24, 2000 regarding the Harbor Management Commission.

EXECUTIVE SESSION

A motion was made by Councilor Settipane and seconded by Councilor Willis to adjourn into executive session at 11:00 pm. Councilor Willis – Aye, Councilor Settipane – Aye, Councilor Swain – Aye, Councilor Littman - Aye

A motion was made by Councilor Settipane and seconded by Councilor Swain to reopen executive session at 11:10 pm pursuant to:

1) RIGL 42-46-5(a) (5) Real Estate (per Town Administrator)

a) Lease Negotiations

2) RIGL 42-46-5(a) (2) Litigation (per Town Solicitor)

Councilor Willis – Aye, Councilor Settipane – Aye, Councilor Swain – Aye, Councilor Littman - Aye

A motion was made by Councilor Swain and seconded by Councilor Littman to seal the minutes of executive session. Councilor Willis – Aye, Councilor Settipane – Aye, Councilor Swain – Aye, Councilor Littman - Aye

A motion was made by Councilor Settipane and seconded by Councilor Willis to authorize the Town Solicitor to answer the pending lawsuit and enter into negotiations. So unanimously voted.

A motion was made by Councilor Settipane and seconded by Councilor Littman to authorize the Town Administrator and Town Solicitor to enter into lease agreement with Verizon over leasing the water tower. So unanimously voted.

A motion was made by Councilor Settipane and seconded by Councilor Swain to adjourn at 11:22 pm.

Attest:

Kimberly A. Turcone

Deputy Town Clerk