TOWN COUNCIL MEETING

May 24, 2004

 

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:09 PM by Council President Kenneth G. Littman.  The following members were present:

David J. Long, Vice President

Julio J. DiGiando

Claire M. Ferguson

Guy J. Settipane

 

also present:

Maryanne Crawford, CPA, Town Administrator

J. William W. Harsch, Town Solicitor

Arlene D. Petit, Town Clerk

 

 

COUNCIL SITTING AS ALCOHOLIC LICENSING BOARD

 

All approvals for licenses and permits are subject to the resolution of debts, taxes and appropriate signature as well as, when applicable, proof of insurance.

 

1)         Request of the Jamestown & Newport Ferry Company/Class G Liquor License renewal for the 2004 season to serve alcoholic beverages to their patrons while at dockside at East Ferry (issued by the State, pursuant to RIGL 3-7-15)

a)                  § 3-7-15 Class G-License

 

Council President Littman opened the hearing at 7:10 PM.

 

John Murphy, Legal Counsel for Conanicut Marine Services, Inc., noted that the name of the entity should be listed on the license as Conanicut Marine Services, Inc.  Additionally, Mr. Murphy stated that the city of Newport will also be issuing a Class G Liquor License for this vessel.

 

There being no further public comment given, the public hearing was closed. 

 

It was moved by Councilor DiGiando, seconded by Councilor Ferguson to grant the Class G Liquor License renewal for the 2004 season to Conanicut Marine Services, Inc., MV The Jamestown to serve alcoholic beverages to their patrons while at dockside at East Ferry.  So unanimously voted.

 

CONSENT AGENDA

 

An item on the Consent Agenda need not be removed for simple clarification or correction of typographical errors.  Approval of the Consent Agenda shall be equivalent to approval of each item as if it had been acted upon separately.

 

It was moved by Councilor Long, seconded by Councilor Ferguson to approve the Consent Agenda as presented.  So unanimously voted.  The Consent Agenda consisted of the following:

 

1)         Adoption of Council minutes:

a)                   05/10/2004 Regular Meeting

2)                  Bills and Payroll

3)         Minutes from Boards, Commissions and Committees:

a)         Harbor Management Commission (04/14/2004)

b)                  Jamestown Substance Abuse Prevention Task Force (05/05/2004)

c)                  Jamestown Housing Authority (04/14/2004)

4)         CRMC Notices:

a)                  Amended May 2004 Calendar

b)                  Revised notice re: Clifford L. White and Mary K. Farrell, 44 North Street, Grafton, MA  01519 for construction of a residential boating facility located at Plat 3 Lot 121; 541 Seaside Drive

5)                  RI Statewide Planning Notice:

a)         06/01/2004 meeting re: local watersheds

6)                  Naval Station Newport Restoration Advisory Board Meeting (04/21/2004)

7)         Ethics Commission advisory opinion re: Councilor Settipane/Siegmund and Associates  

8)         Abatements/Addenda of Taxes

 

EXECUTIVE SESSION ANNOUNCEMENT

 

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

 

Council President Littman announced that there would be an executive session at the end of the meeting to discuss the acquisition of real estate, pursuant to RIGL 42-46-5 (a) (real estate). 

 

There being no objection, Council President Littman requested that the items listed under public hearings be moved up on the agenda.

 

Public Hearing

 

1)         Proposed amendment to the Code of Ordinance 78-72; addition of 78-122 Use of East Ferry Touch and Go Docks

 

Council President Littman opened the public hearing relating to the use of the East Ferry touch and go docks at 7:15 PM.

 

Public Comment

 

Dennis Owens, Felucca Avenue, Harbor Commission member and a member of the Rhode Island Saltwater Anglers Association, requested that the Council reconsider passage of the proposed ordinance.  Mr. Owens read a statement expressing his concerns relating to the loss of public access to the water and fishing at the Ferry.  Additionally, Mr. Owens suggested that the Council consider developing a pier for fishermen or the use of the touch and go dock for fishing at specific times.   Mr. Owens also suggested that the fishing public be educated on the proper care and use of fishing areas.

 

Douglas Chase, West Warwick, stated that he has been fishing off the dock for some time and has found that most fishermen leave the dock in good condition when they leave.  Mr. Chase requested that the Council consider the fishermen when reviewing the ordinance.  

 

Anthony Menuti (no address given) noted that he fishes off the dock on a regular basis and that most fishermen are respectful to boaters.

 

Alma Davenport, Clinton Avenue, stated that she has always fished off the East Ferry Dock.  Ms. Davenport suggested charging for fishing licenses.  $5.00 for residents 12 years old to adult and $10.00 for non-residents. 

 

Joe Tiexiera, Brook Street, stated that he walks on the dock in the summertime and enjoys watching the people fishing. 

 

Gregory Zeek, Mercy Weeden Court, informed the Council that originally the pier at East Ferry was a recreational fishing pier.  In 1985 when the first touch and go dock was attached, it was decided by the previous Town Solicitor that it would be considered a part of the fixed pier to be used by all user groups, both fishing and boating.  Mr. Zeek encouraged the Council to work this out so that it can be kept as a recreational fishing pier.

 

Manuel Lopez (no address given) encouraged users to follow the rules.

 

Michael Degidio, Cedar Lane, stated that there is not a lot of recreational activities for children to do and requested that the Council not take away their ability to fish off the pier.

 

Harry Scott Bennett, (youth resident) stated that he has not had any problems fishing off the pier and that he is respectful of other people.

 

Joseph Medeiros, Frigate Street, requested keeping the dock the way it is for use by the children, senior citizens and handicapped.  Mr. Medeiros suggested putting up additional trash barrels and signage. 

 

Ronnie Green, Saltwater Anglers Association, disagreed that fishing and boating do not go together.

 

John Michael Degidio (youth resident), Cedar Lane, submitted a petition from 5th and 6th grade students who would like to continue fishing on the town docks.

 

Joseph Weinharper, Newport, stated that the dock is abused by fishermen and boaters alike.  Mr. Weinharper requested that the dock be kept open for access to public fishing.

 

Rich Anderson, West Reach Drive, Harbor Management Commission, licensed captain, and fisherman, stated that the dock was constructed for vessel touch and go, pick up and discharge of passengers and access to shore for short periods of time.  Because of safety issues boat dockage and fishing are not compatible.   Mr. Anderson also noted that the pumpout facility is located in that area and must remain accessible to vessels.  Mr. Anderson noted that fishermen have many areas to access fishing in Jamestown, such as Taylor Point, Beavertail, Fort Getty, Fort Wetherill and other areas.  Mr. Anderson stated that the East Ferry waters are designated as type three and are to be used primarily for boating activities. 

 

William Munger, Cole Street, expressed his concern regarding the safety issues with the mixed use for the float.  Additionally, Mr. Munger stated that safe access to the pumpout must be insured in order to maintain the cleanliness of the water.

 

Richard Condon, Harbor Management Commission, stated that there is a safety issue with the mixed use and suggested constructing a dedicated pier for fishing.

 

Jill Anderson, West Reach Drive, strongly supported a location to put a dedicated fishing pier.

 

Pat Bolger, Fore Royal Court, noted that this issue has come before several Town Councils and the issue must be solved.  Mr. Bolger suggested that this be given to a committee, lead by the Jamestown Harbor Management Commission, to find a resolution and in the interim, fishing could be limited to certain hours.

 

Robert Dolan, Coronado Street, suggested finding a solution prior to the adoption of the proposed ordinance.

 

Robert Bowen, Capstan Street, indicated that additional signage and education along with a dedicated float to fishing would help take care of the problem.

 

There being no further public input, it was moved by Councilor Settipane, seconded by Councilor Long to close the hearing at 8:00 PM.  So unanimously voted.

 

The Council discussed the safety issues related to the mixed use of boating and fishing on the dock.  Also the Council discussed the $25,000.00 budgeted for a new touch and go dock at East Ferry and the thought that this might alleviate some of the congestion at the present touch and go dock. 

 

It was moved by Councilor Settipane, seconded by Councilor Long to deny the proposed amendment to the Code of Ordinance, 78-72; addition of 78-122 use of East Ferry touch and go docks.  So unanimously voted. 

 

It was the consensus of the Council that the Town Administrator work with members of the Harbor Management Commission and Town Solicitor to work to find a solution and/ or an alternative spot for a fishing dock. 

 

The Town Administrator stated that she would meet with members of the Harbor Management Commission and Chief Tighe and return to the Council with a proposed resolution within the next two Council meetings.

 

2)         Proposed street abandonment – undeveloped portion of Columbia Avenue

a)         Letter from the Narragansett Bay Commission re: abandonment of highway property

 

Council President Littman opened the hearing on the proposed street abandonment for the undeveloped portion of Columbia Avenue at 8:20 PM.

 

John Murphy, legal counsel for the petitioners, submitted the following exhibits:

 

Exhibit 1           Memorandum in Support of Petition too Abandon “Unbuilt Section” of Columbia Avenue

Exhibit 2           Copy of Tax Plats 8 and 9

Exhibit 3           Paper Road” Abandonment Proposal

Exhibit 4           Photograph labeled Columbia Ave (northern end)

Exhibit 5           Photograph (Meadow Lane)

 

Mr. Murphy presented the following information:

 

  • The Town may retain an easement in the event that it would be necessary to install utility services
  • This request is consistent with the Town’s Comprehensive Plan in that it would preserve the rural character of the neighborhood
  • The abandonment would allow for larger vegetative buffers, less pavement, traffic and development
  • The property would be returned to the tax roll

 

Mr. Murphy referenced the Town Planner’s memorandum indicating that the Town is set up in a grid pattern.  Mr. Murphy disagreed with this assessment and directed attention to Tax Assessor’s plat maps 8 and 9 showing numerous dead-end streets.  Additionally, Mr. Murphy stated that these dead-end streets have not been a safety issue in the past. 

 

William Straser, petitioner, presented photographs Exhibit 6 (a) through (e), showing the south end of Columbia Avenue and the rural setting.  Mr. Straser noted that the abutters and neighbors are in favor of this request for abandonment. 

 

William House, petitioner, requested that the Council grant the petition for abandonment in order to preserve the area. 

 

William Murphy, petitioner, stated that this abandonment would also serve to resolve some property line issues.

 

Dennis Webster, Mount Hope Avenue, suggested that the Council take a look at all paper streets, determine which ones should be kept and which should be abandoned, rather than doing it in a piecemeal way.  Mr. Webster submitted a letter to the Council further discussing his general concerns and requested that the Council proceed with caution.

 

Mr. Murphy noted that he did not have an opportunity to review Mr. Webster’s letter prior to the hearing; however, as in the past, street abandonment has always been addressed as an ad hoc matter.

 

Christopher Powell, Mount Hope Avenue, asked what the Town’s policy is when property is being abandoned and if the abutter would be purchasing that property.

 

The Town Solicitor noted that it has been determined that Columbia Avenue is a paper street; pursuant to State law a town’s only option when there is a population of less than 20,000 is to abandon or not abandon a paper street.  Mr. Harsch stated that had it been identified as a parcel of land, it could have been sold.

 

Sav Rebecchi, Sail Street, questioned what could be considered abandoned property in the Jamestown Shores area where the Town has a 50’ right-of-way and there is only a 20’ road developed, leaving 12 ½’ undeveloped on each side of the road, and if abandoned, how would that affect the set back rule.

 

The Town Solicitor stated that if abandoned, lots could be subject to different set backs. 

 

William Munger, petitioner, stated that although he would lose his frontage on Columbia Avenue, he is in full support of the petition to abandon.

 

It was moved by Councilor Long, seconded by Councilor Ferguson to close the public comment portion of the hearing.  So unanimously voted.

 

The Council discussed several areas of concern relating to the abandonment of a portion of Columbia Avenue:

 

  • Define restrictions or easement;
  • How broad can restrictions be;
  • How would restrictions be filed;
  • Would this be considered precedent setting for other petitions;
  • How would the increase in property size affect zoning set backs;
  • Would the Town have any future use for this property;
  • Could this portion of Columbia Avenue be dedicated to open space, thereby negating the need to abandon;
  • What would be the implications on Mr. Straser’s property if this is portion of Columbia Avenue is not abandoned, and
  • Should street abandonment be looked at globally

 

The Town Solicitor suggested that he be given an opportunity to review the Council’s concerns and get back to them at the next Council meeting with answers.

 

 It was moved by Councilor Settipane, seconded by Councilor Long to continue the petition for the abandonment of a portion of Columbia Avenue to the next Town Council meeting on June 14, 2004 and have the Town Solicitor provide written commentary/ opinion regarding what restrictions can be placed upon this land should the Town Council vote for abandonment of that section of Columbia Avenue; said opinion would include, utility easements, along with a no-cut provision.  So unanimously voted.

 

The Council discussed the possibility of giving Mr. Straser an easement for his driveway.

 

Council President Littman called for a break at 9:15 PM.

 

The Council returned at 9:24 PM.

 

COUNCIL, ADMINISTRATOR, SOLICITOR, COMMISSION/COMMITTEE

COMMENTS & REPORTS

 

1)                  Town Administrator (attached)

 

 

 

 

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Town Administrator's Report

 

May 24, 2004

 

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

 

Planning for the Parade of Sail and Tall Ship's event scheduled for July 14th through July 20th continues. Chief Tighe and Lt. Donovan have attended a number of regional meetings. In early June, a meeting among Town officials and department heads will take place. At both Council meetings in June, I will be forwarding requests for parking bans on certain Town roads and other similar action. At this time I do not anticipate any problems and we will be well prepared for this event.

 

Included on your agenda this evening is a number of items relating to the Town's debt service. First there is a draft of the legislation to be presented to the General Assembly for improvements to the water system totaling $6,200,000.00. The following makes up the $6,200,000.00:

 

• New Water Treatment Plant $3,800,000.00

 

• New Water Tower (total project $1,100,000.00, $500,000.00 funded with a grant) $600,000.00

 

» New Main/Distribution System

$1,800,000.00

 

Included with this legislation is a resolution (# 04-016R) from the Council in support of the legislation for $6,200,000.00 for the improvements to the water system. Resolution number 04-015R is for the re-financing of $6,000.000.00 of the Town's current debt. The voters of the Town approved this re-financing at the March 1, 2004 Financial Town Meeting.

 

This resolution is necessary before the closing of the refinancing, which is anticipated to take place within the next two weeks. The final resolution, resolution # 04-017R, is required by the Municipal Rulemaking Board and indicates that First Southwest must inform the Town of its intention to bid on the bond sale. First Southwest must disclose that they have been serving as the Town's fiscal advisors in connection of the issuance of the bonds.

 

For your information I have attached a copy of the claim filed by Siegmund & Associates seeking damages of $50,000.1 have also attached the Town's counter claim seeking damages of $1,100,000.00.

 

Attached to the Town Planner's report is a request for Council approval of the sign for the Jamestown Golf Course. I agree with this recommendation, and request the Council approved the sign as presented.

 

I have also attached a letter from GZA regarding soil vapor monitoring locations. For Council Consideration

 

   Approval of sign for the Golf Course

 

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

 

The Town Administrator provided the following additional information:

 

Jamestown Substance Abuse Task Force

 

The Town Administrator reported that the task force receives State funding and a $4,000 match from the Town. 

 

Fort Getty Master Plan Committee

 

The Town Administrator informed the Council that the Fort Getty Master Plan Committee will hold a public informational meeting on June 10, 2004.

 

Arbitration – Legal Fees

Councilor Settipane inquired why, when it was known prior to the meeting of the Water and Sewer Commissioners on May 17, the $8,000 filing fee for the Siegmund & Associates arbitration claim was not included in the budget for the Water and Sewer Commissioners.  Additionally, Councilor Settipane inquired where those funds would come from.

 

The Town Administrator stated that as discussed at the May 17 meeting, expenditures for the arbitration would be taken from the sewer budget and any revenue from the arbitration would be returned to the sewer budget.

 

The Town Solicitor noted that it has been the past practice to handle legal fees through the general budget; however, if the Council wishes, they may vote to change the procedure. 

 

Election of Fire Chief

 

Councilor Settipane inquired what the circumstances were relative to the Fire Chief stepping down and then being re-elected.

 

The Town Administrator requested that this question be answered by Chief Bryer.

 

Repairs to Tennis Court

 

The Town Administrator stated that she would report back to the Council with the timetable for completion of tennis court repairs.

 

Golf Course Sign

 

It was moved by Councilor Long, seconded by Councilor DiGiando to approve the sign for the Golf Course.  So unanimously voted. 

 

a)                  June 14, 2004 meeting with Fall River Officials re:  LNG facility

 

The Town Administrator reported that she has arranged for Fall River officials to be present at the June 14, 2004 Town Council meeting to discuss the LNG facility.

 

2)         Town Clerk Memorandums

a)                  Local Questions for General Election

 

The Town Administrator informed the Council that information regarding the change in date for local elections would be on the next Council agenda for June 14, 2004.

 

b)                  Beavertail State Park Advisory Committee

 

It was moved by Councilor Long, seconded by Councilor Ferguson to adjust the term ending date for Frank Meyer to term ending 2004.  So unanimously voted.

 

c)                  Work Session Notice re:  proposed Noise Ordinance, June 7, 2004

 

No action taken.

d)                  Public Hearing Notice re:  Jamestown Harbor Management Ordinance June 17, 2004

 

No action taken.

 

3)         Jamestown Volunteer Fire Department

a)                  Letter from Fire Chief Bryer re: annual meeting election

 

It was moved by Councilor Settipane, seconded by Councilor DiGiando to accept the letter from Chief Bryer regarding the annual meeting and election of the Jamestown Volunteer Fire Department.  So unanimously voted.

 

PUBLIC HEARING

 

1)         Proposed amendment to the Code of Ordinance 78-72; addition of 78-122 Use of East Ferry Touch and Go Docks

 

Previously addressed

 

            2)         Proposed street abandonment – undeveloped portion of Columbia Avenue

a)                  Letter from the Narragansett Bay Commission re: abandonment of highway property

 

Previously addressed

 

ORDINANCES AND RESOLUTIONS

 

1)                  Proclamation 04-014 re: Jamestown Graduates Week

 

It was moved by Councilor DiGiando, seconded by Councilor Long to adopt proclamation 04-014 honoring Jamestown Graduates Week.  So unanimously voted.

 

2)                  Resolution 04-015R re: Resolution Authorizing Issuance of Refunding Bonds

 

It was moved by Councilor DiGiando, seconded by Councilor Ferguson to adopt resolution 04-015 authorizing the issuance of refunding bonds.  So unanimously voted.

 

3)                  Proposed legislation authorizing the Town of Jamestown to finance the construction, extension and improvement of a water works system, to issue not more than $6,200,000 bonds and notes therefore and to impose additional water rates under Chapter 273 of the Public Laws of 1968, as amended, to pay the principal and interest on such bonds and notes

a)                  Resolution 04-016R re: Resolution of the Town of Jamestown authorizing the submission of the above-mentioned legislation to the General Assembly for passage

 

It was moved by Councilor DiGiando, seconded by Councilor Ferguson to approve the submission of legislation to the General Assembly authorizing the Town of Jamestown to finance the construction, extension and improvement of a water works system, to issue not more than $6,200,00 bonds and notes and to impose additional water rates under Chapter 273 of the Public Laws of 1968, as amended, to pay the principal and interest on such bonds and notes and accompanying resolution.  So unanimously voted.

 

4)                  Resolution 04-017R re: Authorizing the Finance Director to execute a consent to bid by First Southwest Company

 

It was moved by Councilor Settipane, seconded by Councilor Ferguson to adopt resolution 04-017R authorizing the Finance Director to execute the consent to bid by First Southwest Company.  So unanimously voted.

 

COMMMUNICATIONS AND PETITIONS

 

1)         Letter from Ken Silvia re: East Ferry kayak storage rack

 

It was moved by Councilor Long, seconded by Councilor DiGiando to accept the letter from Ken Silvia regarding the East Ferry kayak storage rack.  So unanimously voted.

 

Mr. Silvia submitted a signed petition requesting the relocation of the kayak storage rack. 

 

2)         Letter from Ellen Brownell re: installation of sewer pipes

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from Ellen Brownell regarding the installation of sewer pipes.  So unanimously voted.

 

3)         Letter from DEM Division of Fish and Wildlife re: controlled deer hunt at Beavertail

 

It was moved by Councilor Long, seconded by Councilor Settipane to accept the letter from RIDEM Division of Fish and Wildlife regarding the controlled deer hunt at Beavertail.  So unanimously voted.

 

The Town Administrator stated that she would make arrangements for RIDEM to make a presentation at the Water and Sewer meeting on June 21, 2004.

 

4)         Letter from Dennis Webster re: noise ordinance

 

It was moved by Councilor Long, seconded by Councilor Settipane to accept the letter from Dennis Webster regarding the noise ordinance.  So unanimously voted.

 

LICENSES & PERMITS

All approvals for licenses and permits are subject to the resolution of debts, taxes and appropriate signature as well as, when applicable, proof of insurance.

 

1)         Event application for the 27th Annual Fools’ Rules Regatta on August 21st at 9:00 AM at East Ferry Beach

a)                  Letter from Chris Powell re: 27th annual Fools’ Rules Regatta

 

It was moved by Councilor Long, seconded by Councilor Ferguson to approve the 27th Annual Fools’ Rules Regatta on August 21st at 9:00 AM at East Ferry Beach.  So unanimously voted.

 

2)         One Day Peddler License application for the Town of Jamestown for the Conanicut Battery Management Committee to waive the $5.00 application fee to sell hats and water on June 12, 2004 at the Conanicut Battery from

 

It was moved by Councilor Long, seconded by Councilor Ferguson to approve the One Day Peddler License for the Conanicut Battery Management Committee on June 12, 2004 at the Conanicut Battery and to waive the $5.00 application fee.  So unanimously voted. 

 

OPEN FORUM

 

1)                  Scheduled request to address

 

None

 

2)                  Non-scheduled request to address

 

Patrick Bolger, Fore Royal Court, encouraged the Council to read the information provided by RIDEM regarding their request for controlling the deer population in Jamestown.

 

Don Forrest, Summit Avenue, stated that there has been no work done at Park Dock.  Additionally, Mr. Forrest informed the Council that there were eight cars parked at Park Dock on Sunday, as well as open fires and more than 20 people on the rocks.  Mr. Forrest requested that the police patrol the area. 

 

The Town Administrator stated that the work at Park Dock is expected to begin within the next two weeks.  Ms. Crawford advised Mr. Forrest to contact the Police Department with any enforcement issues. 

 

Joe Tiexiera, Brooke Street, requested that the lawn at Memorial Square be treated to control the dandelions.

 

Norma Willis, North Main Road, suggested that Open Forum be moved up on the agenda.   

 

William Munger, Cole Street, suggested that the Council hold a workshop to discuss the upgrades to the municipal water system.

 

The Town Administrator suggested scheduling a work session approximately ninety (90) days prior to the November election.

 

Dennis Webster, Mount Hope Avenue, suggested that information be presented to the public regarding what projects are being considered and how the water and sewer rates will be affected.

 

Representative Bruce Long noted that there will be an informational meeting regarding the proposed LNG facility on June 2, 2004 at the Jamestown Library.

 

Stephen Tiexiera stated that the fields are in poor condition and inquired when the new person would begin working for the recreation department.

 

The Town Administrator noted that the new person is a seasonal worker and will begin in June.  The Town Administrator stated that the recreation department is understaffed and it is hoped that in the future additional staff would be allowed for in the budget process.

 

APPOINTMENTS AND RESIGNATIONS

 

1)         Tax Assessment Board of Review

a)                    One (1) vacancy exists for an alternate member exists on the Tax Assessment Board of Review; duly advertised and interviews complete.  If favorable appoint:

i)                    Stuart L. Rice, Jr.

 

It was noted that Mr. Rice was not interviewed when scheduled.  The Town Clerk will reschedule an interview as soon as possible. 

 

UNFINISHED BUSINESS

 

            1)         Proposed legislation re: Real Estate Transfer Tax (cont. from 05/10/2004)

 

Mr. Webster informed the Council that the proposed legislation would be available for the next Town Council meeting. 

 

Councilor DiGiando requested that item #4 regarding the East Ferry kayak/dinghy storage rack be moved up on the agenda. 

 

4)         East Ferry kayak/dingy storage rack

 

Councilor DiGiando reported that when this was returned to the Harbor Management Commission for their input, concern was raised by neighbors regarding the height of the storage rack as well as concerns relating to parking problems.  Additionally, Councilor DiGiando noted that when the location of the proposed rack was moved, the question of adequate notice to abutters was discussed. 

 

Christopher Powell recommended that the Council ask the Harbor Management Commission to determine if there is a need for the storage rack and, if so, the location that would provide access to the people that do not have boats or moorings.  Once that is done, the permitting process with Coastal could begin. 

 

Richard Condon, Harbor Management Commission member noted that this was brought back to the Council because of concerns with parking and the visual impact of the project.  Mr. Condon suggested that consideration should be given to the overall need of the community.  It was also suggested by Mr. Condon that this be discussed when considering the Fort Getty Master Plan.

 

It was moved by Councilor Settipane, seconded by Councilor Long to authorize the Town Administrator to work with the Town Solicitor and Chief Tighe to make a final recommendation to the Council and present a draft of that plan.  So unanimously voted.

 

            2)         Contract negotiation process (cont. from 05/10/2004)

a)                  1995 Memorandum from Personnel Board

b)                  Policy & Procedure manual for Department Heads

c)                  Town Administrator contract

3)                  Boards, Commissions and Committees (cont. from 0510/2004)

a)                  Quorum – define

 

It was moved by Councilor Settipane, seconded by Councilor Long to continue the items listed under contract negotiations and boards, commissions and committees to the next Town Council meeting on June 14, 2004.  So unanimously voted.

 

4)                  East Ferry kayak/dingy storage rack

a)         Verbal report from Council liaison

 

Previously addressed.

 

NEW BUSINESS

 

1)         Meeting with School Committee – June 16th at 7:00 PM

 

No action taken.

 

2)         Letter from First Southwest Company re: Financial Advisory Compliance to MSRB Rule G-23 (d) (ii) $5,890,000.00 General Obligation Bonds dated June 1, 2004 (the “Bonds”) (intention to bid)

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from First Southwest Company regarding their intention to bid on the Town’s general obligation bonds.  So unanimously voted.

 

3)         Resolution re: Opposition to gambling in Rhode Island (per Councilor Settipane)

 

It was moved by Councilor Settipane, seconded by Councilor Long to continue the resolution in opposition to gambling in Rhode Island.  So unanimously voted.

 

EXECUTIVE SESSION

 

It was moved by Councilor Long, seconded by Councilor Ferguson to enter into executive session at 10:45 PM, pursuant to RIGL 42-46-5 (a) (5) real estate.

Councilor Settipane stated that when listing executive session on the agenda, proper notice should be given as to the nature of the business to be discussed.  Councilor Settipane stated that he did not believe that by just listing real estate proper notice was given.

 

The Town Solicitor advised the Council that proper notice has been given for this particular item to be discussed in executive session.

 

It was voted, Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Councilor Settipane, nay; Council President Littman, aye.  The motion passed with four in favor and one opposed.

 

The Council returned from executive session at 11:10 PM.

 

It was moved by Councilor Long, seconded by Councilor Ferguson to seal the executive session minutes to the public.  So unanimously voted.

 

It was moved by Councilor Settipane, seconded by Councilor Long to authorize the Town Administrator and the Town Solicitor, in cooperation with the Public Works Director, to complete negotiations on the real estate matter 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 Ferguson to adjourn at 11:13 PM.  So unanimously voted.

 

Attest:

 

 

 

Arlene D. Petit

Town Clerk

 

c:          Town Council Members (5)

            Town Administrator

            Town Solicitor

            Administrative Circulation