TOWN COUNCIL MEETING

November 25, 2002

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road at 7:00 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

Arlene D. Kalooski, Town Clerk

Douglas R. DeSimone, Esq., Town Solicitor

Thomas P. Tighe, Chief of Police

Representative William H. Murphy

Representative Bruce Long

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

    1. Proclamation for Mary Wright for formal adoption (presented 11/17/2002)

It was moved by Councilor Swain, seconded by Councilor Willis to accept for adoption Proclamation No. 02-012P honoring Mary Wright for her dedication and commitment to the Jamestown Community Theatre. So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

Council President Settipane opened the hearing for renewal of licenses at 7:04 PM.

1) Renewal of Liquor Licenses, (duly advertised in the Newport Daily News); if favorable GRANT renewal applications upon the resolution of debts, taxes, State approval and appropriate Town signatures: (cont. from 11/12/2002)

RENEWAL:

CLASS B – VICTUALER

Jamestown Oyster Bar, Inc.

dba: Jamestown Oyster Bar

22 Narragansett Avenue

Quentin Anthony, attorney representing the Jamestown Oyster Bar, Inc. was present; however, at this time he had no comments.

Councilor Swain inquired if there had been a revised site plan submitted by the Jamestown Oyster Bar as requested by the Zoning Official. The Town Clerk informed the Council that she had not received a revised site plan. Councilor Swain inquired if the Council would be approving the lesser amount of seating when granting the renewal.

The Town Solicitor advised the Council that they sit as the Board of Alcoholic Beverage Licensing Commission and not an enforcement arm for the Zoning Ordinance. The Zoning Ordinance regulates parking, it does not regulate seating; therefore, the information being presented to the Council should only relate to parking, not seating. It is appropriate, however, that an applicant advise the Council the number of seats which he has at the premises, otherwise, the Zoning Official may not determine if there is compliance with zoning regulations, which would include parking. Although this note on the license by the Zoning Official informs the Council that there may be an issue, it would be more prudent in the future if the Zoning Official were to send a memorandum to the Council with any notification. The Town Solicitor advised the Council that they may grant the application and leave the responsibility of enforcing the Zoning Ordinance up to the Zoning Official. At this point, there has been no Notice of Violation issued; therefore, the proper course of action is to act upon this renewal request.

Council President Settipane noted that Victualing regulates place and manner, Public Safety regulates capacity on entire occupancy and Zoning establishes the minimum parking requirements based upon the Zoning Code of Ordinance.

Mr. Anthony informed the Council that it was his understanding that the present Zoning Official looked at the application for zoning relief as requested in 1983 for the second story of the Oyster Bar building. The capacity for that second story was 50. Mr. Anthony’s research indicated the Zoning Official in 1983 took the position that the only thing that was captured by the zoning application in terms of seating was the upstairs addition and not the entire structure. Site plans submitted in 1983 show seating for 50 on the second floor. Considering the history, the present Zoning Official is mistaken in the present seating capacity because the first floor was not considered. Mr. Anthony recommended approving the license subject to the final zoning determination.

It was moved by Council President Settipane, seconded by Councilor Littman to grant the Jamestown Oyster Bar Class B – Victualer License as presented, subject to review by the Commission at the first Town Council meeting in March 2003. So unanimously voted.

Portuguese American Citizen’s Club

dba: Portuguese American Citizen’s Club

11 Pemberton Avenue

Chief of Police, Thomas Tighe, informed the Council that he met with Mr. Perry of the Portuguese American Citizen’s Club and he recommends that the Council approve their license.

It was moved by Councilor Littman, seconded by Councilor Willis to approve the renewal of the Class B – Victualer License for the Portuguese American Citizen’s Club, 11 Pemberton Avenue. So unanimously voted.

2) 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 a TRANSFER of licenses under said Act, for the year ending December 1, 2003:

TRANSFER:

CLASS A

Island Beverage, Inc.

dba: Jamestown Liquors

TO:

Grapes and Gourmets, Inc.

dba: Grapes and Gourmets

47 Conanicus Avenue, Unit #3

    1. The above application will be in order for hearing at a meeting of said Licensing Board on MONDAY, December 23, 2002 at 7 pm at the Jamestown Library, 26 North Road, in said Jamestown, at which time and place all remonstrants may make their objections against granting these licenses. If favorable, order advertising for November 29th and December 6th in the Newport Daily News for a hearing on December 23, 2002. (see attached ad)

The Town Solicitor noted that the application is in order to be set down for advertising.

Michael Lynch, representing Grapes and Gourmets, Inc., was present for Council questions.

Sidney Waller stated that the location for the transfer was denied by the Board on August 26, 2002.

The Town Solicitor reviewed the status of the license held by Island Beverage, Inc. whereby the application for renewal was received; however, advertising could not be completed because there was no location given by Island Beverage, Inc. Additionally, an application for an extension was received and denied, that denial has been appealed. The license is presently in effect and is in order to be advertised for hearing. At the time of hearing any issues may be addressed.

Councilor Swain inquired if the license was ever approved for renewal. The Town Solicitor noted that the license was renewed a year ago in November and has not been revoked.

It was moved by Council President Settipane, seconded by Councilor Littman to order advertising for a hearing for the transfer of a Class A License from Island Beverage, Inc., dba: Jamestown Liquors, formerly of 9 Ferry Wharf to Grapes and Gourmets, Inc., dba: Grapes and Gourmets, 47 Conanicus Avenue, Unit #3. So unanimously voted.

The hearing ended at 7:40 PM.

CONSENT AGENDA

It was requested that item #1 (b) be removed from the Consent Agenda. It was moved by Councilor Littman, seconded by Councilor Swain to accept the Consent Agenda as amended. So unanimously voted. The Consent Agenda consists of:

1) Adoption of Council minutes:

      1. 10/15/2002 Regular Meeting (Continued from 11/12/2002)
    1. Bills and Payroll
    2. Copies of Minutes of Boards & Committee Meetings:
    1. Board of Canvassers (10/15/2002)
    2. Quonset/Davisville Liaison Committee (08/01/2002, 11/14/2002)
    3. Harbor Management Commission (10/09/2002, 10/16/2002, 10/21/2002, 11/07/2002); sub committee (04/17/2002, 10/21/2002, 10/24/2002)
    4. Affordable Housing Committee (10/15/2002)
    5. Library Board of Trustees ((10/15/2002)

4) CRMC Notices:

a) Maintenance Certificate to the Town of Jamestown c/o Director of Public Works, re: repairs to the existing roadway and drainage system on Seaview Ave. by repaving existing roadway and replace catch basins; located at Plat 7, Seaview Ave. right-of-way;

    1. Assents:
    2. i) Steven Evangelista, RI Yankees, LLC, 18 Intrepid Ln. re: construction of a driveway located at Plat 4, lot 137-138; East Shore Dr.

      1. Steven Evangelista, 18 Intrepid Ln. re: construction of a residential boating facility; located at Plat 4, lot 137-138; 330 East Shore Dr.
      2. Robert W. & Crystal J. Brennan, 503 Seaside Dr., re: raze and remove an existing residential dwelling and construct a new two bedroom dwelling with an approved DEM ISDS and private well; located at Plat 3, Lot 25; 503 Seaside Dr.
      3. Michael Benes, 16 Highland Dr., re: construction of an addition to existing dwelling and install a sewer pump to sewer main; located at Plat 9, Lot 588; 16 Highland Dr.
    3. Notice:

i) Anna Williams, 400 Highview Rd., Englewood, NJ re: construction of a recreational boating facility located at Plat 8. Lot 265; 30 Bay View Dr.

6) Navy Station Newport Restoration Advisory Board Meeting minutes (10/16/2002)

7) Zoning Board of Review abutter notification re: application of Peter A. DiBiase, whose property is located at Ship St. and Spanker St., and further identified at Plat 15, Lot 67 for a variance from Article 3, Section 308 (setback from freshwater wetlands) to construct an ISDS 75’ from the RI DEM Verified Forested Wetland. Said property is located in a R40 zone and contains 28,800 sq. ft.

    1. Abatements/Addenda from the Tax Assessor

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

1) Adoption of Council minutes:

b) 11/12/2002 Regular Meeting

Councilor Willis requested that the Town Clerk amend the minutes to reflect that on page 7 the letter from Robert H. Lambert, Jr. was not a letter of resignation from the Planning Commission but a letter informing the Council that Mr. Lambert was not requesting to be reappointed to the Planning Commission at the end of his term.

Councilor Willis requested that the Clerk correct the statement on page 11 indicating how the Fire Marshall determines the overall capacity of a building.

Councilor Littman noted that he abstained from voting on the renewal of the Class B-Victualer License to New England Golf Course Management, Inc. requested that the minutes be amended to reflect that vote.

It was moved by Councilor Willis, seconded by Councilor Swain that these minutes be accepted as amended. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

1) Pursuant to RIGL 42-46-5 (a) (2) collective bargaining re: NAGE contract negotiations

Council President Settipane announced that there would be an executive session later in the meeting, pursuant to RIGL 42-46-5 (a) (2) collective bargaining.

PUBLIC HEARINGS

None

OPEN FORUM

1) Scheduled request to address

2) Non-scheduled request to address

John Murphy, representing the Chamber of Commerce, introduced a proposed Zoning Ordinance amendment to Section 1203 – Minimum Off-Street Parking for Council consideration.

It was moved by Councilor Littman, seconded by Councilor Willis that the proposed Zoning Ordinance amendment from the Jamestown Chamber of Commerce be submitted to the Planning Commission for their review and recommendations. So unanimously voted.

Charles Masso, 38 Gondola Avenue, presented a petition regarding the Victualing Licenses/Seating Capacity to the Council.

It was moved by Councilor Willis, seconded by Councilor Swain to accept the petition from Mr. Masso. So unanimously voted.

Sav Rebecchi, Sail Street, inquired what the Town’s policy is regarding what appears on the website; in particular, the area called Issues. Mr. Rebecchi indicated that some of these commentaries could be construed as political positions.

The Town Administrator noted that the website is under construction and will come before the Council when it more complete.

Representative William Murphy informed the Council that there has not been a decision reached regarding the location of the Russian fishing vessels; however, RIDEM is still attempting to find other locations for the vessels. It is expected that the vessels will be issued permits sometime in December. Representative Murphy noted that recommendations made by the Council would be submitted to the Governor’s office for his consideration.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

    1. Town Administrator’s report

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

Town Administrator's Report

November 26, 2002

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

For the past three years, Christina Collins has been the Town's Deputy Finance Director. During this time, Tina has implemented a new financial software package for the Town, assisted with the budget, and continued to complete the annual audit in a timely fashion. Tina has proven to be a very dedicated Town employee who is ready to assist fellow employees and the public. In recent weeks I have had a Vice President of Fleet Bank and a Chairperson of a Town Committee who have gone out of their way to specifically inform me how much they have enjoyed working with Tina. With this excellent track record that I know will continue, at this time I would like to nominate Christina Collins for the position of Finance Director.

I have completed the budget for fiscal 2003/04. 1 will be reviewing it one final time before we print copies for the Council. I will forward my final budget to you the week of December 2, 2002.

On December 12, 2002 Chief Tighe and I will be meeting with Bennett Brooks, the consultant that the Town hired to assist us with the noise ordinance.

The first phase of the Jamestown Bridge is completed. Phase two will begin in March.

For council consideration:

Appoint Christina Collins, Town's Finance Director

Award the bid for a new dump truck with sander and plow to Colony Ford in an

amount not to exceed $ 87,749.00

Award the bid to replace the furnace in Town Hall to S.M. S. Oil Burner Service

in an amount not to exceed $3,725.00

Reminder, all Town Offices will be closed for the Thanksgiving Holiday on November 28th and 29th. Let us work together as a community to insure no family goes without.

HAPPY THANKSGIVING!!

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      1. Request for appointment of Finance Director (Christina Collins)
      2. It was moved by Councilor Willis, seconded by Council President Settipane to appoint Christina Collins Finance Director for the Town of Jamestown. So unanimously voted.

      3. Bid award for a new dump truck with sander and blower to Colony Ford in an amount not to exceed $87,749.99
      4. It was moved by Councilor Swain, seconded by Councilor Willis to approve the bid for a new dump truck with sander and blower to Colony Ford in an amount not to exceed $87,749.99. So unanimously voted.

      5. Bid award for replacement of furnace in the Town Hall to S.M.S. Oil Burner Service in an amount not to exceed $3,725.00

It was moved by Councilor Willis, seconded by Council President Settipane to award the bid for replacement of the Town Hall furnace to S.M.S. Oil Burner in an amount not to exceed $3,725.00. So unanimously voted.

    1. Jamestown School Committee
      1. Invitation to proposed school budget session

Council President Settipane announced that there would be a school budget session on December 5, 2002 at 7:00 PM at the Melrose Avenue School.

    1. Town Clerk
      1. Memorandum re: Quonset/Davisville Liaison Committee
      2. In reference to the membership of the Quonset/Davisville Liaison Committee, Chairperson Dennis Webster, noted that the committee could function with a reduced number of members. Mr. Webster recommended reappointing the members requesting to be reappointed and possibly appointing Mr. Collins. The committee would then consist of four members; those being, Dennis Webster, Paul Sullivan, Varoujan Karentz and John Collins.

        It was the consensus of the Council that further discussion on membership of the Quonset/Davisville Liaison Committee be scheduled for a Council meeting in January. It was the consensus of the Council that the Clerk schedule the appointment of John P. Collins for the next Council meeting.

      3. Hearings for Tax Exemptions (scheduled for December 9)
      4. No action taken.

      5. December 3, 2002 Work Session Notice to discuss the proposed Ordinance Regulating Alcoholic Beverage Licenses

It was the consensus of the Council to have the Clerk reschedule the work session for the proposed Ordinance Regulating Alcoholic Beverage Licenses.

UNFINISHED BUSINESS

    1. Season Event for the Special Olympics (Penguin Plunge) on January 1, 2003 at noon; location: Mackerel Cove Beach (continued from 11/12/2002)
    2. The Town Administrator informed the Council that Chief Tighe would be meeting with Mr. McGovern to discuss traffic control. It was moved by Council President Settipane, seconded by Councilor Swain to continue this request to the December 9, 2002 Council meeting. So unanimously voted.

    3. Event application for the Jamestown Chamber of Commerce (Holiday Parade of Dogs) on December 21st (rain date: December 22nd) from 11 am to noon: from Town Hall to East Ferry (continued from 11/12/2002)
    4. The Town Administrator informed the Council that the event will begin at the Fire Station rather than the Town Hall.

      It was moved by Councilor Littman, seconded by Councilor Willis to approve the Holiday Parade of Dogs for December 21, 2002 and a rain date of December 22, 2002. So unanimously voted.

    5. Victualing License Renewal Applications (** Liquor License Establishment) (continued from 11/12/2002)
    1. Ace’s Pizza
    2. Bay Voyage Dining **
    3. The Cove Grille *with insurance certificate
    4. Cumberland Farms Store #1108
    5. Del’s of Jamestown *with insurance certificate
    6. East Ferry Deli & Market
    7. Freddie Bing’s Hotdog Thing *with insurance certificate
      • Letter from applicant regarding seating capacity (forwarded to Zoning Official)
    8. Jamestown Oyster Bar **
    9. Jamestown Xtra Mart *with extended hours
    10. McQuade’s Supermarket
    11. Page’s Liquors **
    12. Peking Garden
    13. Slice of Heaven **
    14. Spinnaker’s Café & Mobile Unit
    15. Truffles by the Bay
    16. Village Hearth

It was requested that the following establishments be addressed separately:

(h) Jamestown Golf & Country Club, (p) Theatre Family Restaurant

It was moved by Council President Settipane, seconded by Councilor Willis to approve the Victualing License Renewal applications, instructing the Clerk to block out all notations and references to the stamp "For Office Use Only" that was added to the applications indicating the seating capacity and for the Town Clerk to initial those block outs. So unanimously voted.

h) Jamestown Golf & Country Club, aka: Caddy Shack **

It was moved by Council President Settipane, seconded by Councilor Willis to approve the Victualing License Renewal application for the Jamestown Golf & Country Club with instructions to the Clerk to block out all notations and references to the stamp "For Office Use Only" that was added to the applications indicating the seating capacity and for the Town Clerk to initial those block outs. It was voted, Council President Settipane, aye; Councilor Swain, aye; Councilor Willis; Councilor Littman abstained. The motion passed with three in favor and one abstention.

      1. Theatre Family Restaurant

It was moved by Council President Settipane, seconded by Councilor Willis to approve the Victualing License Renewal application for the Theatre Family Restaurant subject to receipt of the Department of Health Certificate with instructions to the Clerk to block out all notations and references to the stamp "For Office Use Only" that was added to the applications indicating the seating capacity and for the Town Clerk to initial those block outs. So unanimously voted.

4) Multi-License Renewal Applications including Victualing License (** Liquor License Establishment) (continued from 11/12/2002)

    1. House of Pizza
        1. Pinball/Video Game (4)
        2. Victualing License

It was moved by Councilor Swain, seconded by Councilor Littman to approve the House of Pizza application pending the resolution of Health Certificate. So unanimously voted.

It was moved by Councilor Swain, seconded by Councilor Willis to instruct the Clerk to block out all notations and references to the stamp "For Office Use Only" that was added to the applications indicating the seating capacity and for the Town Clerk to initial those block outs. So unanimously voted.

b) Conanicut Yacht Club **

        1. Entertainment (full year)
        2. Victualing License

Councilor Littman inquired into the Entertainment Licenses and if it would be necessary to consider the specifics for each separate license.

The Town Solicitor informed the Council that should they put any entertainment restrictions on an establishment with a Class B-Victualer License those same restrictions must be placed on all Class B-Victualer establishments.

Council President Settipane noted that it was his understanding that the Entertainment Licenses would be readdressed along with the Vitualing Licenses and its regulation of hours after the adoption of a Liquor License Ordinance.

The Town Solicitor stated that should the Council pass an Ordinance, it would become effective upon passage.

It was the consensus of the Council that all Entertainment Licenses be reviewed on March 10, 2002.

It was moved by Councilor Swain, seconded by Councilor Willis to approve the Multi- License renewal application for the Conanicut Yacht Club as applied for with instructions to the Clerk to block out all notations and references to the stamp "For Office Use Only" that was added to the applications indicating the seating capacity and for the Town Clerk to initial those block outs and to schedule a review for March 10, 2003. So unanimously voted.

c) Portuguese American Citizen's Club **

    1. Entertainment (full year)

ii) Jukebox (1)

        1. Victualing License

It was moved by Councilor Swain, seconded by Councilor Willis to approve the Multi- License renewal application for the Portuguese American Citizen’s Club as presented with instructions to the Clerk to block out all notations and references to the stamp "For Office Use Only" that was added to the applications indicating the seating capacity and for the Town Clerk to initial those block outs and to schedule a review for March 10, 2003. So unanimously voted.

d) Tricia’s Tropi-Grille **

    1. Entertainment (full year)
      1. Victualing License

It was moved by Councilor Swain, seconded by Councilor Willis to approve the Multi- License renewal application for the Tricia’s Tripi-Grille as presented with instructions to the Clerk to block out all notations and references to the stamp "For Office Use Only" that was added to the applications indicating the seating capacity and for the Town Clerk to initial those block outs and to schedule a review for March 10, 2003. So unanimously voted.

e) Chopmist Charlies **

    1. Entertainment Fee (full year)
      1. Victualing License

It was moved by Councilor Swain, seconded by Councilor Willis to approve the Multi- License renewal application for the Chopmist Charlies as presented with instructions to the Clerk to block out all notations and references to the stamp "For Office Use Only" that was added to the applications indicating the seating capacity and for the Town Clerk to initial those block outs and to schedule a review for March 10, 2003. So unanimously voted.

f) Trattoria Simpatico **

    1. Entertainment (full year)
      1. Victualing License

It was moved by Councilor Swain, seconded by Councilor Willis to approve the Multi- License renewal application for the Trattoria Simpatico as presented with instructions to the Clerk to block out all notations and references to the stamp "For Office Use Only" that was added to the applications indicating the seating capacity and for the Town Clerk to initial those block outs and to schedule a review for March 10, 2003. So unanimously voted.

    1. Narragansett Café **

i) Entertainment (full year)

ii) Jukebox (1)

iii) Pool Table (1)

iv) Pinball/Video machine (2)

      1. Victualing License

It was moved by Councilor Swain, seconded by Councilor Willis to approve the Multi- License renewal application for the Narragansett Café as presented with instructions to the Clerk to block out all notations and references to the stamp "For Office Use Only" that was added to the applications indicating the seating capacity and for the Town Clerk to initial those block outs and to schedule a review for March 10, 2003. So unanimously voted.

    1. Highway Barn

a) Site and size continued discussion (per President Settipane)

    1. Council vote 12/09/2002 (per President Settipane)
    2. Council President Settipane noted that on December 9, he would be requesting that the Council make a decision on the site and size of the Highway Barn.

      Councilor Willis requested that the Council consider an additional site; that being, lower Taylor Point. Councilor Willis noted that this site has been thoroughly investigated in the past by the first Building Committee. Councilor Willis suggested that the Council request the Town Administrator to have Siegmund & Associates update the figures relating to the lower Taylor Point site. Additionally, Councilor Willis handed out a list of criteria for Council consideration when deciding on the Highway Barn.

      Following Council discussion, it was moved by Councilor Willis, seconded by Councilor Swain to request that the Town Administrator instruct Siegmund & Associates to update the figures for lower Taylor Point site and request Mr. Siegmund attend the meeting on December 9, 2002. It was voted, Councilor Swain, aye; Councilor Littman, aye; Councilor Willis, aye; Council President Settipane, nay. The motion passed with three in favor and one opposed.

    3. Letter from Siegmund & Assoc. re: Highway Barn Presentation

No action taken.

6) Fort Wetherill

      1. Rehabilitation of building

Council President Settipane noted that although Fort Wetherill did not appear to be a viable site for the Highway Barn, rehabilitation of the building should continue to be considered. Council President Settipane recommended referring this issue to the Town Building and Facilities Committee. Additionally, Council President Settipane recommended allocating $25,000.00 to begin repairing, at the very least, the windows in that building.

It was the consensus of the Council to refer the rehabilitation of the Fort Wetherill Highway Barn to the Town Building and Facilities Committee for their recommendations for repair and rehabilitation.

7) Town Buildings and Facilities Committee

    1. Membership
    2. Town Facilities

Council President Settipane noted that William Kimball had submitted his resignation from the Town Buildings and Facilities Committee and suggested that an alternate be moved to fill the vacant position. The committee could then vote for a new chairperson.

It was moved by Council President Settipane, seconded by Councilor Swain to direct the Clerk to advertise for the vacancy on the Town Buildings and Facilities Committee and to refer for review to that committee the rehabilitation of the Fort Wetherill building and site. So unanimously voted.

8) Jamestown Housing Authority (continued from 11/12/2002)

    1. Request to waive Pilot Funds

There was no one present representing the Jamestown Housing Authority; therefore, it was requested by the Council that this matter be continued to December 9, 2002.

    1. Letter of donation from Richard Romanelli re: Donation of property; Plat 16, Lot 60, Beacon Ave. (continued from 10/28/2002)
    2. The Town Administrator noted that this property is located in the Shores area on Beacon Avenue, an area that the Water Resource Protection Committee has encouraged land donations to be made to the Town. The Town Administrator recommended proceeding with the acquisition of this property.

      Councilor Swain expressed his concern in the statement made by Mr. Romanelli that the property cannot be sold as a building lot. Councilor Swain wanted to make it clear that the Town would pursue the acquisition only because it is being offered as a donation of property.

      It was moved by Councilor Swain, seconded by Councilor Willis to pursue the acquisition of this property favorable to the Town and the watershed. It was moved by Council President Settipane, seconded by Councilor Swain to amend the motion to include the review by the Town Administrator and the Town Solicitor. The motion as amended unanimously passed.

    3. Elderly Tax Exemptions: Proposed Legislation (continued from 11/12/2002)

The Town Solicitor informed the Council that the Elderly Tax Exemption legislation has been reviewed and updated by the Town Administrator and is ready to go before the General Assembly. The Town Administrator explained that following the approval of the General Assembly this would be voted upon at the Financial Town Meeting.

Council President Settipane addressed the issue of residency as indicated in the last paragraph, first page; regarding the residency requirement. The Town Solicitor advised that this legislation would not be stricken for constitutional reasons. The General Assembly has authorized the Council, pursuant to the enabling act, to specifically to provide for such exemptions if you choose to; the legislation is not mandatory.

It was moved by Councilor Swain, seconded by Councilor Willis to instruct the Town Administrator to present the proposed legislation for Elderly Tax Exemptions to the General Assembly for their adoption in time to be presented at the Jamestown Financial Town Meeting. So unanimously voted.

COMMUNICATIONS

1) Copy of letter from Dr. F. John & Mrs. Charlotte Zarlengo re: DEM Variance application #02-0082; Plat 16, Lot 12

The Town Administrator reported that as previously instructed by the Council, a letter was sent to Dr. and Mrs. Zarlengo regarding their concerns. The Town Administrator stated that she would contact Dr. and Mrs. Zarlengo for a follow up to this issue.

It was moved by Council President Settipane, Councilor Willis to accept the communication from Dr. and Mrs. Zarlengo. So unanimously voted.

    1. Letter to the Town Council from Barry S. Holland re: Highway Barn and Waster Water Treatment Plant

It was moved by Councilor Swain, seconded by Councilor Willis to accept the communication from Barry S. Holland. So unanimously voted.

XI. NEW BUSINESS:

1) Letter to the Town Solicitor re: draft bond resolution:

Authorizing the Town of Jamestown to finance the installation, expansion, construction and improvement of sewers, storm drains, pumping stations and sewage treatment and disposal facilities, to issue no more than $2,000,000.00 bonds and notes therefore and to impose additional sewer service charges under Chapter 233 of the Public Laws of 1973, as amended, to pay principal and interest on such bonds and notes

The Town Administrator noted that this is for an additional bond to complete the installation, expansion, construction and improvement of sewer, storm drains, pumping stations and sewage treatment and disposal facilities.

It was moved by Councilor Willis, seconded by Councilor Willis to forward to the General Assembly Resolution 2003-S regarding the $2,000,000.00 bond increase for the sewer plant in time for a vote at the May 2003 election. So unanimously voted.

2) Letter to the Town Council from Troop 1, Jamestown Boy Scouts re: Andrew Johnson, Eagle Scout

Council President Settipane commended Andrew Johnson as one of the 32 Jamestown Boy Scouts that have reached the rank of Eagle Scout in the 52 years that the Jamestown Boy Scout has been active.

It was the consensus of the Council that the Clerk would prepare a proclamation honoring Mr. Johnson for the December 9, 2002 Town Council meeting.

3) Event application from Save the Bay to hold the annual Save the Bay Swim on July 19, 2003 at Potter’s Cove/Taylor Point from 5 am to 11 am. (see Chief of Police notation)

It was moved by Councilor Willis, seconded by Councilor Swain to approve the request from Save the Bay to hold their annual swim on July 19, 2003, providing they pay for any extra detail needed. So unanimously voted.

EXECUTIVE SESSION

1) Pursuant to RIGL 42-46-5 (a) (2) collective bargaining re: NAGE contract negotiations

It was moved by Council President Settipane, seconded by Councilor Willis to enter into executive session at 9:35 PM, pursuant to RIGL 42-46-5 (a) (2) relating to collective bargaining for the NAGE contract. It was voted Council President Settipane, aye; Councilor Littman, aye; Councilor Swain, aye; Councilor Willis aye. The motion passed.

The Council returned from executive session at 9:51 PM. It was moved by Council President Settipane, seconded by Councilor Willis to seal the minutes of the executive session. It was voted Council President Settipane, aye; Councilor Littman, aye; Councilor Swain, aye; Councilor Willis aye. The motion passed.

It was moved by Council President Settipane, seconded by Councilor Swain to instruct the Town Administrator to proceed with negotiations as discussed in executive session. So unanimously voted.

There being no further business before the Council it was moved by Councilor Littman, seconded by Council Swain to adjourn the meeting at 9:55 PM. So unanimously voted.

Attest:

Arlene D. Kalooski

Town Clerk