TOWN COUNCIL MEETING

March 24, 2003

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:05 PM by Council President Guy J. Settipane. The following members were present:

David A. Swain, Vice President

Kenneth J. Littman

David J. Long

Norma B. Willis

Also present were:

Maryanne Crawford, CPA, Town Administrator

Arlene D. Kalooski, Town Clerk

Douglas R. DeSimone, Town Solicitor

Lisa Bryer, Town Planner

Representative Bruce Long

Gary Girard, Planning Commission Chair

David Pritchard, Chair

James Archibald

Daniel Lilly

Julio DiGiando

Harrison Wright

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

    1. Proclamation 03-007P re: Equal Pay Day
    2. It was moved by Councilor Willis, seconded by Councilor Littman to proclaim April 15, 2003 as Equal Pay Day in the Town of Jamestown. So unanimously voted.

    3. Resolution 03-008R re: Separation of Powers (per Council President Settipane)
    4. Council President Settipane introduced Resolution 03-008R in support House Bill 03– H 5081 and Senate Bill 03– S 180 and requested that the Council support these Legislative Bills. Council President Settipane stated that the Town of Jamestown overwhelmingly voted in favor of the separation of powers in the last election.

      It was moved by Council President Settipane, seconded by Councilor Long to adopt Resolution No. 03-008R in support of House Bill 03- H 5081 and Senate Bill 03- S 180. So unanimously voted.

    5. Presentation assisted by Chief Tighe re: certificates for community service officers

The following individuals were appointed as Community Service Officers under the Jamestown Police Department:

James Aveyard

Ashley Balzer

David Bento

Alexander DeMolles

Keith Ford

Frances Lopes

Marlene Murphy

William Murphy

Samuel Paterson

Sandra Paterson

Fred Pease

Samara Pease

Scott Rafferty

Greg Ryng

Henry Suzzi

Jill Symons

Thomas Tighe, Jr.

Joan Vessella

Vincent Vessella

Robert Zickedrath

 

Chief Tighe explained that the Community Services Officers Unit consists of civilians who desire to assist the police in times of major natural disaster and major public events, and who provide other law enforcement related community service functions that do not require the status of a sworn Police Officer. Because these individuals are civilians and not sworn Police Officers, they do not possess the power of arrest or have the authorization to carry a firearm.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

It was requested that items #1 (b) be removed from the consent agenda. Motion by Council President Settipane, seconded by Councilor Littman to approve the consent agenda as amended. So unanimously voted. The consent agenda consists of:

1) Adoption of Council minutes:

      1. 02/06/2003 Special Meeting
      2. 03/03/2003 Financial Town Meeting
      3. 03/10/2003 Regular Meeting
    1. Bills and Payroll
    2. Copies of Minutes of Boards & Committee Meetings:

a) Planning Commission 02/19/2003

    1. Conservation Commission 02/11/2003
    2. Town Buildings and Facilities Committee 02/12/2003
    3. Library Board of Trustees 02/18/2003

4) CRMC Notices:

a) March 2003 Amended Calendar

b) Application of Narragansett Electric Co. Attn: Kevin Manard, re: construction and maintenance to abandon a portion of the existing (replaced) 23 KV submarine cable on the bottom of Narragansett Bay – East Passage

5) Resolutions from other Cities & Towns

a) Town of East Greenwich

i) Resolution requesting firearms training facility for all State and local agencies

    1. Navy Station Newport Restoration Advisory Board Meeting 02/19/2003 minutes
    2. Press Releases

a) Town Buildings and Facilities Committee

b) Neighborhood Advisory Committee

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    1. Adoption of Council minutes:
      1. 02/24/2003 Regular Meeting

Councilor Littman asked to have page 15 of the minutes corrected by adding the name of the Council member that seconded the vote to approve Island Rubbish license renewal.

It was moved by Councilor Littman, seconded by Councilor Willis to approve the 02/24/2003 minutes as amended. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

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

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

2) Pursuant to RIGL 42-46-5 (a) (5) real Estate (acquisition of property)

3) Pursuant to RIGL 42-45-5 (a) (5) real estate (lease negotiations)

4) Pursuant to RIGL 42-46-5 (a) (2) collective bargaining

It was the consensus of the Council that the following item be moved up on the agenda.

IX Unfinished Business

    1. Senior Transportation Van

Council President Settipane stated that the Town has acquired a surplus van from the Rhode Island Public Transit Authority. The Town Administrator informed the Council that the van has been inspected by the Town mechanic and is found to be in fair condition. The van will be available for our senior citizens two days per month and on four or five other times throughout the year. Presently, the Town is arranging for the van to be covered under the Town’s insurance policy and is seeking volunteer drivers with the proper credentials.

It was moved by Council President Settipane, seconded by Councilor Littman to instruct the Town Administrator to obtain insurance for the van and proceed with the necessary arrangements to make the van available for our senior citizens. So unanimously voted.

PUBLIC HEARINGS

1) Proposed Zoning Ordinance Amendment to Section 1203 – Minimum Off-Street Parking Requirements in the Village Business District (cont. from 03/10/2003)

a) Letter from Anthony W. Lachowicz, Planning and Zoning Consultant for the Jamestown Chamber of Commerce

It was moved by Council President Settipane, seconded by Councilor Willis to accept the communication from Anthony W. Lachowicz. So unanimously voted.

Council President Settipane reconvened the hearing at 7:30 PM and invited public comment.

John Murphy, attorney representing the Chamber of Commerce, commented that he believes it has been established that there is a section of our downtown commercial district that needs consideration for relief from the requirements of off-street parking. Mr. Murphy further stated that this proposed ordinance should not change anything about the way the village is presently configured. If a business makes any changes to the use of property or size of structure they would lose the benefits of this ordinance.

Dennis Webster, Mount Hope Avenue, inquired what affect this ordinance would have on decisions rendered by the Zoning Board of Review. Mr. Webster suggested that the Building Official and the Town Solicitor look at past variances, special use permits and zoning certificates that have been granted over the last four years in the downtown commercial area and determine which decisions, if any, might have been affected by this change had it been effective at the time the decision was made.

Darcy Magratten, 100 Clinton Avenue, asked if a clause could be added stating that no new variances could be applied for until the ordinance has been reviewed and changed by the Planning Commission.

Arthur Milot, Walnut Street stated that he is opposed to the proposed ordinance and expressed his concern with the potential expansion of the entertainment industry in Jamestown.

Martha Milot, Walnut Street read a statement indicating her reasons for opposing the proposed parking ordinance.

Michael Swistak, Narragansett Avenue, in an attempt to ease the confusion, stated that the passing of this ordinance would not change the need for businesses to appear before the Zoning Board of Review to expand or change use. This proposed ordinance protects the businesses that are now in business and eliminating any confusion in the record keeping over the last twenty-five years. One case that Mr. Swistak discussed, was Tricia’s TropiGrille. Mr. Swistak stated that when the new owner purchased the business, there was a great amount of confusion as to seating capacity and parking. It was a burden on the person that invested in that property under one assumption and found out later that things were totally different.

Mary Webster, Mount Hope Avenue stated that the proposed ordinance is very confusing. Ms. Webster inquired if this ordinance would allow the expansion of Conanicut Marine Services.

Mr. Murphy stated that if a business remains as it is on January 1, 2003, then they are deemed to be conforming. If there is a question as to what they have, as of January 1, 2003, they can request a zoning certificate from the Building Official stating what the status of that property is. All existing variances and special use permits remain in effect with the conditions that were put on them. If a business steps outside that umbrella of current conformity, then, they are bound by the provisions of the Zoning Ordinance. The Chamber of Commerce will continue to work with the Planning Commission to further study the parking provisions.

Councilor Willis recapped the downtown parking situation and the request of the Chamber of Commerce.

Councilor Littman reconfirmed that the number of lots that are non-conforming and without zoning relief total less than ten.

Councilor Swain expressed his concern with what the Planning Commission and the Zoning Board of Review want now and what this amendment is proposing. Councilor Swain stated that the Chamber of Commerce is attempting to prevent what happened to Tricia’s TropiGrill from happening to future businesses. They seem to be looking for acknowledgment that the present parking and present seating are not to be held ransom while we go forward with the comprehensive review of the parking. Also of concern to the businesses is their status while the Council is in the process of presenting ordinances relating to alcoholic beverage licensing and the noise related problems. Councilor Swain encouraged the Council to assist the businesses while these issues are being considered.

Council President Settipane read the ordinance as presented and suggested a limiting clause to prevent expansion.

Councilor Littman inquired if there would be a problem because the proposed amendment does not cover the entire commercial downtown. The Town Solicitor stated that assuming that these are the areas in town that are most affected with parking issues, under those circumstances, this would not constitute as spot zoning.

The Town Planner asked if someone currently needs 16 spaces and are exempt from any parking requirements under Section 1203 and they wish to expand, do they just have to account for the expansion for parking or is it the 16 plus the expansion. The Town Solicitor stated that Section 1203 is applicable in its entirety. There would be no stepped up basis allowed.

Council President Settipane reviewed the issues that brought about this proposed zoning amendment introduced by the Chamber of Commerce. Following discussion between the Council, Town Planner, Town Solicitor and Mr. Murphy, it was suggested that the following wording should be added to the proposed parking ordinance:

Following the last paragraph, add:

In answer to questions, the Town Solicitor advised that this language would further clarify the first paragraph which states that "the provisions of this Section shall not be applicable to uses and/or structures existing as of January 1, 2003, or replacements thereof not exceeding the size of the existing use and/or structure, within the following geographic locations…"

The Town Solicitor further stated that this proposed parking ordinance does not permit the expansion of use or a change to any structure. Any structure in the location as defined by the proposed amendment would immediately be subject to Section 1203. This would include such changes as a marina requesting to expand a pier or changing the façade on a building. The addition of a sunset provision would not be a substantial change; however, the Town Solicitor expressed his concern that anyone that has previously received relief from the Zoning Board of Review with conditions, that those conditions would remain applicable.

It was the consensus of the Council to close the hearing at 8:35 PM.

Following the direction by the Town Solicitor that the changes to the proposed parking amendment as discussed are not substantive and would not require additional advertising, and that this ordinance would comply with the Town’s Comprehensive Plan, it was moved by Council President Settipane, seconded by Councilor Swain to adopt the amendment to Section 1203 as follows:

It is hereby ordained by the Town Council that the Zoning Ordinance of the Town of Jamestown is amended to add the following to the end of Section 1203:

The provisions of this Section shall not be applicable to uses and/or structures existing as of January 1, 2003, or replacements thereof not exceeding the size of the existing use and/or structure, within the following geographic locations:

This relief from the requirements of minimum off-street parking shall only be available where there has been no reduction in the amount of off-street parking in existence on a lot within the specified geographic areas as of January 1, 2003.

So unanimously voted.

OPEN FORUM

    1. Scheduled request to address
    2. None

    3. Non-scheduled request to address

Adolphe Saluan, Seaview Avenue referred to the new tax bills received and inquired what the $20.00 charge was on his bill.

Council President Settipane and the Town Administrator explained that the $20.00 was a charge to residents with Individual Sewage Disposal Systems to cover the costs of the new program brought about by the High Ground Water Table Ordinance.

Representative Bruce Long gave a Legislative update.

Skateboard Park

Clayton Carlisle, West Passage Drive, updated the Council on the Skateboard Park. Mr. Carlisle noted that the park has been completed and is now open. Signs are being posted relating to the enforcement of the helmet policy. Mr. Carlisle stated that the park is not open while school is in session.

Catherine Kaiser, School Committee Chair stated that the school has had a difficult time with children that are not in the Jamestown School system attempting to use the park while Jamestown School is in session. Additionally, there have been problems with young adults and teenagers driving to the park and parking their cars in the school lot close to the skate park. Ms. Kaiser suggested that the park be monitored or a fence installed to close the area off.

The Town Administrator noted that she would be meeting with the Police Chief and School Committee Chair to further discuss the problems at the skate park.

Council President Settipane called for a break at 8:45 PM.

The Council returned at 8:50 PM.

It was the consensus of the Council that the following item be moved up on the agenda:

IX Unfinished Business

7) Harbor Management Commission

a) Proposed Harbor Management Ordinance

The Town Solicitor informed the Council that he is prepared to attend a meeting with the attorney for Coastal Resources Management Council (CRMC) and a Harbor Management Commission representative to review Section 6 of the proposed Harbor Management Ordinance for compliance with State law.

Council President Settipane noted that Harrison Wright has been designated by the Harbor Management Commission to attend the meeting.

It was the consensus of the Council that the Town Solicitor go forward with the meeting to review Section 6 between the Harbor Management Commission representative, the Town Administrator, a member of the Council, Town Solicitor and the attorney for CRMC.

Patrick Bolger suggested that the meeting be open to the public. Mr. DeSimone noted that there have already been public workshops, this is a meeting with an attorney from CRMC so that the Town can request legal guidance regarding Section 6 and not a meeting of a public body.

It was the consensus of the Council to direct the Town Solicitor to go forward with the meeting between Mr. Wright, the Town Administrator, a member of the Council, a Harbor Management Council representative, Town Solicitor and the attorney for CRMC and if possible to have the meeting in a public setting.

    1. Harbormaster’s boat dockage

The Town Administrator stated that she has recently received a communication from William Munger notifying the Town that there is an available spot for the Harbormaster’s boat. The boat will be located in the same slip as in previous years. The Town Administrator also reported that the Fort Wetherill Boat Owner’s Association was willing to work with the Town for dockage of the Harbormaster’s boat.

James Archibald noted the Harbor Management Facilities Committee has been working at finding a spot this year for the Harbormaster’s boat and locating a permanent spot for the future. Mr. Archibald reviewed the report to the Council entitled "Harbormaster Boat Dockage Issue". Mr. Archibald noted that although there has been immediate relief in finding a location for this year, the Facilities Committee is considering a master plan for the entire area in the near future.

It was moved by Council President Settipane, seconded by Councilor Willis to instruct the Town Administrator to finalize the agreement and report back to the Council. So unanimously voted.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

    1. Town Administrator’s report (attached)

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Town Administrator's Report

March 24, 2003

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.

Good news: It is not snowing!

Even with the good news, the Town's roads, like all roads across the State, need repairs. The Department of Public Works is spending most of their time repairing roads throughout the island due largely to frost heaves.

Steve Goslee has met with John Hannigan of Vollmer & Associates to discuss the details of the scope of work for the new highway facility. In the coming week the contract will be finalized, reviewed by the Town Solicitor and I anticipate having it on the Council agenda for your approval on April 14, 2003.

The skate park has been very busy since it has opened. One of the requirements of the park is that all skaters must wear helmets. Unfortunately a number of skaters are not complying with this rule. Matt Bolles has order additional signage stating helmets are required and we will seek the assistance of the Friends of Jamestown Skaters to resolve this issue.

In a recent meeting of the League of Cities & Towns, the Board of Directors (of which I am a member) discussed at length the Governor's budget. A vote was taken by the Board to provide a written report in response to the Governor's budget. This report will be discussed during a meeting with the Governor, the League's President, Vice President and Executive Director. Once we receive a copy of the final report I will forward it to you. I will continue to keep you informed of the status of the State's budget.

Steve Goslee has advertised in the Providence Journal and the Town's web page for a new pick-up truck. He received one bid from Colony Ford in the amount of $21,636.00. The bid meet all specifications. I recommend we award the bid to Colony Ford in an amount not to exceed $21,636.00

Last, in light of the war and level orange alert, the Town has taken steps to implement security measures where appropriate.

Council consideration:

Award the bid for a new pick-up truck to Colony Ford in an amount not to exceed $21,636.00

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Councilor Willis expressed her concern relating to the pot holes in the roads and the number of automobile claims that have occurred this year. Councilor Willis suggested that the Town Administrator provide a long-range management plan for road improvements. Additionally, Councilor Willis suggested shortening the deadline for the drainage program and the possibility of outsourcing.

a) Board of Water and Sewer Meeting 4/21/2003 (time change)

i) 7:00 PM - Work Session re: Sewer Bond

    1. 7:30 PM - Water/Sewer Meeting

It was the consensus of the Council to change the time of the Board of Water and Sewer Meeting on April 21 to accommodate the work session regarding the sewer bond.

b) Award bid for pickup truck to Colony Ford in an amount not to exceed $21,636.00

It was moved by Councilor Littman, seconded by Councilor Long to award the bid for a pickup truck to Colony Ford in an amount not to exceed $21,636.00. So unanimously voted.

    1. Town Buildings and Facilities Committee (per Council President Settipane)
    2. a) Memorandum from Town Clerk

      b) Composition of Committee (included in memorandum)

      c) Terms of members (included in memorandum)

      It was moved by Council President Settipane, seconded by Councilor Long to adopt the term limits as presented in the memorandum from the Town Clerk. So unanimously voted.

    3. Parking Committee

a) Memorandum from Town Clerk

It was moved by Council President Settipane, seconded by Councilor Long to reconstitute the Parking Committee as follows:

and to direct the Town Clerk to assign term limits. So unanimously voted.

b) Report on Dumpling Drive from Chief Tighe (verbal)

Chief Tighe informed the Council that the Parking Committee has not had a quorum for a meeting to discuss Dumpling Drive. It was the consensus of the Council that Dumpling Drive be continued to the next Council meeting on April 14, 2003.

    1. Jamestown Fire Department
    2. a) Letter from the Fire Marshall re: egress at Council meetings

      It was moved by Councilor Long, seconded by Council President Settipane to accept the communication from the Fire Marshall. So unanimously voted.

    3. Quonset/Davisville Liaison Committee
    4. a) One vacancy exists, term ending 12/31/2004; duly advertised and interviews complete. If favorable appoint:

      i) Donald Bresnan; interviewed 03/10/2003

      It was moved by Councilor Willis, seconded by Councilor Long to appoint Donald Bresnan to the Quonset/Davisville Liaison Committee with a term ending 12/31/2004. So unanimously voted.

    5. Beavertail State Park Advisory Committee

a) One vacancy exists, term ending 12/31/2005; duly advertised and interviews complete. If favorable appoint:

i) Linda Warner; interviewed 03/17/2003 (requests reappointment served one term)

    1. Guy Archambault; interviewed 03/17/2003

It was moved by Councilor Willis, seconded by Councilor Long to reappoint Linda Warner to the Beavertail State Park Advisory Committee, for a term ending 12/31/2005. So unanimously voted.

    1. Affordable Housing Committee

a) Four (4) vacancies exists, two (2) terms ending 05/31/2004 and two (2) terms ending 05/31/2005; duly advertised and interviews complete. If favorable appoint:

i) Nick Robertson; interviewed 10/21/2002 (requests reappointment, served one full term)

ii) Jean Britton; unable to interview (requests reappointment, served one full term)

    1. Carolyn Coble; interviewed 03/24/2003

It was moved by Councilor Long, seconded by Councilor Willis to reappoint Nick Robertson, Jean Britton and to appoint Carolyn Cobel to Affordable Housing Committee. So unanimously voted.

UNFINISHED BUSINESS

1) Senior Transportation Van (per Council President Settipane)

a) Update

Previously discussed.

    1. Local election re: review of future dates as it relates to changes in the fiscal year (cont. from 03/10/2003)
    2. The Town Administrator informed the Council that she would continue to review the possibility of a change in the date for our local election and report back to the Council. It was the consensus of the Council that this be continued to the next Council agenda on April 14, 2003.

    3. Proposed Noise Ordinance – update from Town Administrator
    4. The Town Administrator informed the Council that the consultant for the proposed noise ordinance, Bennett Brooks, has requested additional noise meter readings prior to finishing the draft ordinance. It is expected that the ordinance will be on the next Council Agenda for April 14, 2003.

    5. Aquidneck Island Planning Commission
      1. Update from Town Planner (cont. from 03/10/2003)

The Town Planner informed the Council that she has spoken to Kelly Woodward of the Aquidneck Island Planning Commission (AIPC) regarding any plans for expansion and how they would include Jamestown. The Town Planner noted that presently Jamestown has been involved with the AIPC on a project-by-project basis and she recommended continuing this relationship. Ms. Bryer further noted that AIPC is considering expanding the commission to cover all towns in Newport County. Until that plan is formalized, the Town Planner made no further recommendations.

    1. Resolution in support of reallocating $80 million of Economic Growth and Tax Relief Reconciliation Act of 2001 for Federal Revenue Sharing to Counties, Cities and Towns (continued from 03/10/2003)
      1. Update from Town Administrator

The Town Administrator reported that these funds were used specifically for costs related to police and fire. This resolution is in support of revitalizing the federal revenue sharing to cities and towns. The Town Administrator recommended accepting the communication and she will continue to monitor these efforts.

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

    1. Proposed ordinance regulating Alcoholic Beverage Licenses
    2. a) Set date for work session

      i) April 3, 2003

      ii) April 10, 2003

      The Town Administrator requested that the Council consider the date of April 10 to hold a public hearing on the draft of the facilities plan update. Councilor Littman noted that there is another meeting that some members of the Council will be attending on April 10.

      It was moved by Councilor Willis, seconded by Council President Settipane to reschedule the public hearing for the sewer facilities plan update with the date to be determined administratively. So unanimously voted.

      No date was set for the proposed ordinance regulating Alcoholic Beverage Licenses work session.

    3. Harbor Management Commission

a) Proposed Harbor Management Ordinance (per Council President Settipane) re: schedule meeting with Town Solicitor, CRMC Solicitor and Harbor Management Commission Representative to review of Section 6

Previously discussed

b) Harbormaster’s boat dockage

i) Letter from Harbor Management Commission

Previously addressed.

8) 10 Year Capital Budget Program 2003/2004

The Town Administrator presented the 10 Year Capital Budget Program. The Plan includes updated information relating to water and sewer and the landfill remediation plan.

Municipal Water Supply

There were questions and concerns relating to the Municipal Water Supply section of the 10 Year Capital Budget Program. The Town Administrator noted that several issues under Municipal Water Supply are issues that will be updated as information is received and updated. The Town Administrator indicated that this document is subject to change as things in the community change.

Councilor Swain expressed his concern that acceptance of the document would indicate Council’s endorsement of taking the action as presented. Councilor Swain requested the addition of language addressing these concerns.

It was the consensus of the Council that the 10 Year Capital Budget Program 2003/2004 be continued to the April 14, 2003 agenda.

Roads

Councilor Willis noted that the Jamestown Shores Drainage program has been fast tracked and that this is not indicated in the plan. The Town Administrator suggested adding language such as "The Town should, in the future, review the overall drainage project to expedite it."

Eldred Avenue Field

Councilor Littman inquired if the fields would be in a condition to be used this Spring. The Town Administrator informed the Council that the Recreation Director is monitoring the field; however, as with other communities, because of the wet weather, the opening of the Spring season may be delayed. The Town Administrator noted that we have not been successful in obtaining a grant for repairs to the Eldred Avenue field, other funding will be investigated.

COMMUNICATIONS

    1. Letter from Stephen Mecca re: Narragansett Café
    2. It was moved by Councilor Long, seconded by Council President Settipane to accept the communication from Stephen Mecca. So unanimously voted.

    3. Letter from Laszlo Siegmund re: Public Works Facility meeting
    4. It was moved by Councilor Long, seconded by Council President Settipane to accept the letter from Laszlo Siegmund. So unanimously voted.

    5. Copy of Letter from Maurice and Mary-Ann Laflamme re: Harbor Management Commission
    6. It was moved by Council President Settipane, seconded by Councilor Long to accept the letter from Maurice and Mary Ann Laflamme. So unanimously voted.

    7. Letter from William H. Murphy requesting a resolution re: support of military men and women
    8. It was moved by councilor Willis, seconded by Councilor Long to accept the letter from William H. Murphy as communication. So unanimously voted.

    9. Letter from J. Christopher Powell re: condition of Mt. Hope Ave.
    10. It was moved by Council President Settipane, seconded by Councilor Long to accept the letter from Christopher Powell. So unanimously voted.

    11. Letter from Paul Woodbine re: damage to vehicle due to poor road condition

It was moved by Councilor Willis, seconded by Councilor Long to accept the letter from Paul Woodbine, deny the claim and to refer to the Town Solicitor. So unanimously voted.

NEW BUSINESS

    1. Requests to waive Pavilion Fee of $100.00:
      1. St. Matthew’s Church on June 22, 2003
      2. It was moved by Councilor Willis, seconded by Council President Settipane to waive the fee for St. Matthew’s Church. So unanimously voted.

      3. Ali Dunn Packer Memorial Road Race on June 1, 2003

      It was moved by Councilor Littman, seconded by Councilor Long to waive the fee for the Ali Dunn Packer Memorial Road Race. So unanimously voted.

    2. Sunday Sales – renewals
      1. Portuguese American Citizens Club
      2. It was moved by Councilor Willis, seconded by Council President Settipane to grant the Sunday Sales license renewal to the Portuguese American Citizens Club, subject to the resolution of debts, taxes and the appropriate signatures. So unanimously voted.

      3. Stonecraft Sterling
      4. It was moved by Councilor Swain, seconded by Councilor Long to grant the Sunday Sales license renewal to the Stonecraft Sterling, subject to the resolution of debts, taxes and the appropriate signatures. So unanimously voted.

      5. Cathryn Jamieson Salon

      It was moved by Councilor Swain, seconded by Councilor Long to grant the Sunday Sales license renewal to the Cathryn Jamieson Salon, subject to the resolution of debts, taxes and the appropriate signatures. So unanimously voted.

    3. Trash Collector License – renewal
      1. Waste Management of RI, Inc.

      It was moved by Councilor Swain, seconded by Councilor Long to grant the Trash Collector License renewal to Waste Management of RI, Inc., subject to the resolution of debts, taxes and the appropriate signatures. So unanimously voted.

    4. One Day Peddler & Entertainment License request
      1. Central Baptist Church to hold annual event with live singing and sale of items (request to waive $5.00 application fee also), event to be held on June 21, 2003

It was moved by Councilor Willis, seconded by Councilor Long to grant the One Day Peddler & Entertainment License to Central Baptist Church for June 21, 2003, subject to the resolution of debts, taxes and the appropriate signatures. So unanimously voted.

It was moved by Councilor Swain, seconded by Councilor Willis to put the resolution by William Murphy on the agenda for April 14, 2003. So unanimously voted.

EXECUTIVE SESSION

It was moved by Council President Settipane, seconded by Councilor Swain to enter into executive session at 10:10 PM pursuant to RIGL 42-46-5 (a) 2 litigation and collective bargaining and RIGL 42-46-5 (a) (2) real estate, acquisition of property and lease negotiations. The vote was, Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis, aye; Council President Settipane, aye. The motion carried.

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

2) Pursuant to RIGL 42-46-5 (a) (5) real Estate (acquisition of property)

3) Pursuant to RIGL 42-45-5 (a) (5) real estate (lease negotiations)

4) Pursuant to RIGL 42-46-5 (a) (2) collective bargaining

The Council returned to the regular meeting at 10:40 PM. It was moved by Council President Settipane, seconded by Councilor Swain to seal the minutes of the executive session. The vote was, Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis, aye; Council President Settipane, aye. The motion carried.

It was moved by Council President Settipane, seconded by Councilor Swain to release the letter dated March 20, 2003 from the Town Solicitor and discussed in executive session and to refer it to the Harbor Management Commission. So unanimously voted.

It was moved by Council President Settipane, seconded by Councilor Long to authorize the Town Administrator and Town Solicitor to work together regarding the NAGE contract as discussed in executive session. So unanimously voted.

There being no further business before the Council, it was moved by Councilor Long, seconded by Councilor Swain to adjourn the meeting at 10:45 PM. So unanimously voted.

Attest:

Arlene D. Kalooski

Town Clerk