TOWN COUNCIL MEETING

June 14, 2004

(as amended June 28, 2004)

 

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:04 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

Thomas P. Tighe, Police Chief

 

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

 

                                                                       1)   Jamestown Comprehensive Community Plan:

a)               Certification of approval presented by John O’Brien, Statewide Planning

 

John O’Brien, on behalf of Beverly Najarian, Director of the Department of Administration awarded the Town of Jamestown a Certificate of Approval for the 5 year update to the Jamestown Comprehensive Plan.   Mr. O’Brien stated that Jamestown is among a very small group of communities that have gone to the next phase in terms of receiving State approval on the updated Comprehensive Plan.  Mr. O’Brien further stated that the State refers to the Comprehensive Plan for regulatory matters and funding and as such, this is a major accomplishment for the Town. 

 

2)                       Proposed LNG Facility presentation from Fall River Officials

 

All presenters were not available at this time; therefore, Council President Littman requested that the presentation be held later in the meeting.

 

3) Condolences to the family of Benjamin F. Watson, former Jamestown Town Council member (elected 1973)

 

Council President Littman requested that the proclamation listed under Ordinances and Resolutions be moved up on the agenda. 

 

Proclamation honoring Miss Deaf Rhode Island

 

It was moved by Councilor Settipane, seconded by Councilor Long to adopt Proclamation 04-018P honoring Gemma Guinuing as Miss Deaf Rhode Island.  So               voted.

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) Correspondence from Server Training on Premise (STOP) re: Certified alcohol servers in Jamestown

 

It was moved by Councilor Settipane, seconded by Councilor Long to accept the communication regarding the server training program.  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 requested that item 1 (b) be removed from the Consent Agenda.  It was moved by Councilor Long, seconded by Councilor Ferguson to approve the Consent Agenda as amended.  So unanimously voted.  The Consent Agenda consisted of the following:

 

1)                                               Adoption of Council minutes:

a)                                               05/24/2004 Regular Minutes

b)                                                                    

2)                                                         Bills and Payroll

3)                             Minutes from Boards, Commissions and Committees:

a)                      Planning Commission (04/07/2004, 04/21/2004, 05/05/2004)

b)             Ft. Getty Master Plan Committee (04/15/2004, 04/29/2004, 05/13/2004)

c)                                   Affordable Housing Committee (04/01/2004)

d)                                        Zoning Board of Review (04/27/2004)

e)                                         Library Board of Trustees (04/20/04)

f)                                       Conservation Commission (04/13/2004)

g)                         Tree Preservation and Protection Committee (04/20/2004)

4)                                                        CRMC Notices:

a)                                                      June 2004 Calendar

b) Revised Public Notice re: Clifford White & Mary Farrell, 44 North St., Grafton, MA to construct a residential boating facility located at plat 3 lot 121, 541 Seaside Drive

5)                                                 Statewide Planning Notice:

a)                                    Transportation Improvement Program (TIP)

6)                                    Zoning Board of Review abutter notification

7)               Proclamations & Resolutions from other Rhode Island cities and towns:

a)                                                 Town of North Kingstown

i)                               Opposition to gambling in the State of Rhode Island

b)                                                  Town of East Greenwich:

i)                 Support of Governor Carcieri’s Open Space & Recreation Bond issue

ii)                                         Support to continue the 1% meals tax

iii)                              Opposition to gambling in the State of Rhode Island                                

c)                                                       City of Providence

i) Change in the RI General Law(s), including, inter alia, greater financial assistance to municipalities, revision of the educational aid formula, a portion of the state sales tax to municipalities, or new and innovative ways to revise the existing system in order to lessen its burden which continues to result in the inequitable treatment of the people of Providence and the entire State of Rhode Island

8)                                             Abatements/Addenda of Taxes

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

1)                                               Adoption of Council minutes:

                                                                       b) 06/07/2004 Noise Ordinance Work Session Minutes

 

Council President Littman stated that the last sentence on page one was not accurate and requested that it be corrected as follows:  Council President Littman stated that the Council was going through the issue because Jamestown has an ordinance in place that is not enforceable and probably unconstitutional.

 

There being no objection, it was moved by Council President Littman, seconded by Councilor Long to accept the June 7, 2004 Noise Ordinance Work Session minutes as amended.  So unanimously voted.

 

EXECUTIVE SESSION ANNOUNCEMENT

 

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

a)                                                Interim Town Administrator

 

Council President Littman announced that there would be an executive session pursuant to RIGL 42-46-5 (a) (1) Personnel to discuss the position of interim Town Administrator.

 

Proposed LNG Facility presentation from Fall River Officials

 

Al Lima and Joseph Carvalho, representatives from the Coalition for the Responsible Siting of LNG Facilities gave a slide presentation relating to the potential risks of siting an LNG facility in a populated area.  Mr. Lima stated that currently the city of Fall River Massachusetts has been targeted by Weaver's Cove Energy to site a huge LNG facility only feet away from a residential neighborhood, a school, at least 2 nursing homes, and family development.  Tankers measuring 965 feet would be traveling Narragansett Bay to the Fall River facility, impeding travel of other vessels in the area of Mount Hope Bay and the Taunton River.  Also, it was indicated that it would be necessary to close down bridges while the tankers were traveling under them.   Other concerns were the vulnerability of the tankers to attack or accident; negative impact on property values in Fall River; additional cost for fire and police personnel and approximately 36,000 truck trips per year are expected.

 

For additional information, Mr. Lima encouraged individuals to visit their web site at www.nolng.org.

It was the consensus of the Council that this be continued to the next Council meeting on June 28, 2004 with a draft resolution.  Council President Littman requested that the Clerk provide a copy of the resolution recently passed by the city of Newport.

 

Council President Littman requested that the Resolution in opposition to gambling be moved up on the agenda.

 

Unfinished Business

4)                    Resolution in opposition to gambling in the State of Rhode Island

 

It was moved by Councilor Long, seconded by Councilor Ferguson to adopt the Resolution in opposition to a new casino gambling facility as presented by Councilor Settipane.  So unanimously voted.

 

COUNCIL, ADMINISTRATOR, SOLICITOR, COMMISSION/COMMITTEE COMMENTS & REPORTS

 

                                                                       1)                          Town Administrator’s Report

 

The Town Administrator presented her report to the Council.  There was no additional information requested by the Council.

 

2) Secretary of State Website – posting of agendas (pursuant to Title 42, Chapter 46 of the Rhode Island General Laws)

                                                                       a)                                 Report from Town Clerk

b)                                           Appointment of Filing Coordinator

 

It was moved by Council President Littman, seconded by Councilor DiGiando to appoint Town Clerk Arlene Petit as Filing Coordinator, under the Rules and Regulations adopted by the Secretary of State, pursuant to Title 42, Chapter 46 of the Rhode Island General Laws entitled “Electronic Filing of Meeting Minutes and Notices – Open Meetings”.  So unanimously voted.

 

3)                                                        Personnel Board

a)                                                       Report re: meetings

 

In discussing the report from the Personnel Board, it was noted that the duties as specified in the Town Charter, Section 420 remain in effect. 

 

The Town Administrator indicated that she would like to work with the Personnel Board to develop policies and procedures for department heads 

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the report from the Personnel Board.  So unanimously voted.

 

Councilor Settipane stated that he would like to see the Personnel Board take a look at issues such as longevity, salaries, benefits and the update of the manual for department heads. 

 

4)                  Memorandum from Town Administrator re:  Personnel Board report

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the memorandum from the Town Administrator regarding the Personnel Board report.  So unanimously voted.

 

PUBLIC HEARING

 

1) Pursuant to Section 15A, sub-section 7 of the Rules and Regulations of the Board of Water and Sewer Commissioners, the Town Council will consider whether or not the water restrictions should be eased for users in the municipal water supply district.  Duly advertised in the Jamestown Press, June 3rd edition

 

Council President Littman opened the hearing relating to the rules and regulations of the Board of Water and Sewer Commissioners at 8:35 PM. 

 

The Town Administrator reported that the reservoir is at full capacity and recommended that the Council adopt the lesser restrictions.

 

Councilor Settipane expressed his concern that the hearing was not properly identified as a hearing relating to the Board of Water and Sewer Commission.

 

The Town Solicitor noted that pursuant to State legislation, the Water and Sewer Board of Commissioners and the Town Council are identical.  Mr. Harsch advised that proper notice has been given to hold this hearing. 

 

The Town Administrator stated that adoption of the easing of restrictions would leave the restrictions for the month of July as they are currently posted.

 

It was moved by Councilor Long, seconded by Councilor Ferguson to ease the water restrictions as proposed.  Councilor Settipane abstained from voting.  It was voted Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye, Council President Littman, aye.  The motion passed with four in favor and one abstention.

 

There being no consideration for public comment, it was moved by Councilor Long, seconded by Council President Littman to reconsider the motion.  So unanimously voted.

 

Council President Littman called for public comment.

 

Jill Anderson, West Reach Drive, asked if July restrictions would be in place even if the water is spilling over the reservoir.

The Town Administrator noted that July is considered to be a month of high water consumption and because the current water treatment plant can only process so much water at a time, it is necessary to continue with water restrictions as outlined for the month of July. 

 

Mary Webster, Mount Hope Avenue asked how the rules for the “odd, even days” are applied.

 

The Town Administrator stated that the “odd, even” language states that property addresses with an even number may use water accordingly on even numbered days of the month and property addresses with an odd number may use water accordingly on odd numbered days of the month.

 

Nancy Kolman, Reservoir Circle asked if the rules and regulations apply to Fort Getty as well.

 

The Town Administrator indicated that Fort Getty is in the program as well.

 

William Munger, Cole Street urged the Council to tie the level of the reservoir with the date. 

 

There being no further comments, it was moved by Councilor Long, seconded by Councilor Ferguson to close the public hearing at 8:45 PM.  Councilor Settipane abstained.  It was voted Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Council President Littman, aye.  The motion passed with four in favor and one abstention. 

 

It was moved by Councilor Long, seconded by Councilor Ferguson to adopt the water conservation measures as presented.  Councilor Settipane abstained.  It was voted Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Council President Littman, aye.  The motion passed with four in favor and one abstention.

 

The municipal water conservation measures for the summer 2004 are as follows:

 

MUNICIPAL WATER CONSERVATION MEASURES FOR SUMMER 2004

 

No lawn irrigation from June l5 through October 31.

 

No boat washing, housing washing, car washing for the month of July.

 

Effective August l: if the reservoir is less than eighteen inches below the spillway, boat washing, house washing, and car washing will be allowed on weekdays as follows. Properties with a legal address with an even number may wash cars, boats, and houses on even days of the month. Properties with a legal address with an odd number may wash cars, boats, and houses on odd days of the month. No boat, car or house washing will be allowed on weekends or Monday holidays.

 

When the height of the reservoir drops below eighteen inches no customer shall use water furnished by the municipal system for house, boat or car washing.

 

When the height of the reservoir is from eighteen inches to forty eight inches below the spillway, no customer shall use water furnished by the municipal water system for the irrigation of vegetables or flowers for more than fifteen minutes per day as follows. Properties with a legal address with an even number may irrigate flower and vegetable gardens on even days of the month. Properties with an odd legal address may irrigate flower and vegetable gardens on odd days of the month. No watering will be allowed on Saturdays and Sundays.

 

When the height of the reservoir is forty eight inches to sixty inches below the top of the spillway no customer shall use water furnished by the municipal water system for outdoor use.

 

When the height of the reservoir is more than sixty inches below the top of the spillway no commercial customer shall wash any vehicle using water furnished by the municipal system.

 

2) Proposed street abandonment – undeveloped portion of Columbia Avenue (cont. from 05/24/2004) – public comment closed on 5/24/2004

a)                          Letter from Verizon re: abandonment of highway property

 

The hearing for the proposed street abandonment for the undeveloped portion of Columbia Avenue was opened at 8:50 PM by Council President Littman. 

 

The Town Solicitor submitted a memorandum reviewing the implications for abandonment of a public street by a municipality and what alternatives are available to the Town in lieu of abandonment.

 

Mr. Harsch related that the deed for this property shows that the underlying property was conveyed to the Town without condition; therefore, if the Council were to abandon the paper street it would recreate a Town-owned lot without a street on it.  Mr. Harsch then reviewed several scenarios as outlined in his memorandum of what could be done with the then Town-owned lot.

 

John Murphy, attorney for the petitioners, asked for a copy of the Town Solicitor’s review and indicated that he would like to work with the Town Solicitor to make recommendations for the Council.

 

In order to give the Council ample time to review the memorandum from the Town Solicitor, it was moved by Councilor Long, seconded by Councilor Settipane to continue the public hearing to June 28, 2004 at 7:00 PM at the Jamestown Philomenian Library.  So unanimously voted.

 

Council President Littman called for a short break at 9:10 PM.  The Council returned from their break at 9:20 PM. 

It was the consensus of the Council to move Open Forum up on the agenda. 

 

Open Forum

 

a)                                                     Scheduled to address

 

None

 

b)                                                 Non Scheduled to address

 

Mary Webster, Mount Hope Avenue, requested clarification from the Council on who would bare the cost of the water and sewer improvements. 

 

President Littman stated that as determined four or five years ago, the users of the municipal water and sewer system would pay back the indebtedness.   

 

Councilor Settipane addressed the issue of the cost of arbitration/litigation between Siegmund & Associates and the Town, totaling approximately $40,000.  Councilor Settipane stated that the Sewer fund is an enterprise fund and as such should be paid for by the users. 

 

Council President Littman noted that how the arbitration/litigation fees are paid is a policy decision. 

 

The Town Solicitor stated that if the money were to be paid out of Town resources, there is a significant possibility that there will be substantial recovery and therefore, reconciling of bookkeeping.

 

Valerie Malloy, Columbia Avenue stated that she was upset about the way the Town Administrator was addressed at the last Council meeting.

 

Councilor Settipane answered that he spoke professionally, courteously and on the issues.  Councilor Settipane noted that the tape of that meeting is on file in the Town Clerk’s office. 

 

Michael Pinksaw, Pennsylvania Avenue, informed the Council that there is still no port-a-jon at Park Dock and that the conditions on the beach are unhealthy.  Mr. Pinksaw also asked for trash barrels to be put at Park Dock.

 

The Town Administrator stated that the port-a-jons are on order.  Additionally, the Town Administrator reported that the boulders have been moved to assist with the parking problems and that the litter corps is expected to start on July 1, 2004.

 

William Munger, Cole Street inquired when the Council would hold open discussion on the preliminary plans are for the water and sewer systems. 

 

The Town Administrator answered that she expects to schedule a work session sometime in August to discuss plans for the municipal water/sewer system.

 

Representative Bruce Long reported on the following:

 

            legislation proposed by the Council will be heard on Tuesday after 5:00 PM

          public input time regarding the LNG facility project is expected to be extended

                            increase of $7,800 in general school aid to Jamestown

 

ORDINANCES AND RESOLUTIONS

 

1)                               Proclamation 04-018P re: Miss Deaf Rhode Island

 

Previously addressed.

 

COMMMUNICATIONS AND PETITIONS

 

1)                 Letter from Stephen Cirella re: request to acquire half of Plat 5 lot 74

 

The Town Administrator noted that it has been the policy of the Town not to allow the acquisition of town-owned property.

 

It was moved by Councilor Settipane, seconded by Councilor Long to accept the communication from Stephen Cirella.  So unanimously voted.

 

2)   Letter from the Department of the Attorney General re: 2004 Open Government Summit

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from the Department of the Attorney General re:  2004 Open Government Summit.  So unanimously voted.

 

3)                           Letter from William Sheehan re: Ft. Getty Campground

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from William Sheehan regarding the Fort Getty campground and forward it to the Fort Getty Committee.  So unanimously voted.

 

4) Letter from David Martin of the Jamestown Humane Society re: Deer population at Beavertail

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from David Martin.  So unanimously voted.

 

There being no objection, the Council addressed an agenda item under unfinished business. 

 

Unfinished Business

 

6)                                Proposed Legislation re: Real Estate Transfer Tax

 

Council President Littman noted that there are two portions to the proposed legislation.  One section sets up a land bank for the preservation of open space and the second section sets up an affordable housing trust.  The proposed legislation proposes a tax on the transfer of real estate to fund the initiative.  President Littman indicated that the proposed legislation is not expected to go before the General Assembly before next year.

 

Following discussion by the Council and comments from the audience, it was moved by Councilor Settipane, seconded by Councilor Ferguson to table the proposed legislation regarding real estate transfer tax.   It was voted Councilor DiGiando, nay; Councilor Ferguson, aye; Councilor Long, aye; Councilor Settipane, aye; Council President Littman, aye.  The motion passed with four in favor and one opposed.

 

Councilor DiGiando stated that the reason that he voted in opposition of the motion to table the proposed legislation regarding the real estate transfer tax was because he believed that it should be further reviewed and discussed.

 

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 Applications:

a) Conanicut Island Art Association (CIAA) request to hold an Art/Craft Show for July 31st and August 1st at the Community Center from10:00 AM to 4:00 PM.  Applicants would also like to use the green area where the Christmas tree is set up.

 

It was moved by Councilor Settipane, seconded by Councilor Long to grant the request from the Conanicut Island Art Association to hold an Art/Craft show for July 31st and August 1st at the Community from 10:00 AM to 4:00 PM, subject to the approval of the Town Administrator.  So unanimously voted.

 

b) Application from the Jamestown Striper Club to hold the annual Fishing Derby on July 24th at 8:30 AM to 11:00 AM at the North Reservoir

i)                               Letter from Joe Tiexiera re: the annual Fishing Derby

 

It was moved by Councilor Settipane, seconded by Councilor Long to approve the request of the Jamestown Striper Club to hold the annual Fishing Derby on July 24th at 8:30 AM to 11:00 AM at the North Reservoir, subject to the final approval of the Town Administrator and Public Works Director.  So unanimously voted. 

 

c) Application from the Jamestown Historical Society to place a banner across Narragansett Avenue in regards to their annual Windmill Day.  The Banner will be hung from June 15th to June 19th.

i)                                       Letter from Jane Bentley re: Windmill Day

 

It was moved by Councilor Long, seconded by Councilor Ferguson to grant the request from the Historical Society to place a banner across Narragansett Avenue from June 15 to June 19.  So unanimously voted.

 

2)                                         Peddler License Application (yearly):

a) Application of Simon Barker to open a hotdog stand called “Madd Dawgs” at Mackerel Cove Beach starting June 26th during beach hours

i)                                      Letter from Simon Baker re: Hotdog stand

 

The Town Administrator reported that there is currently a peddler license issued to Mr. Bingell; however, it is believed that the license holder has not been active at Mackerel Cove.  The Town Administrator recommended holding a show cause hearing for the current license holder prior to the Council issuing a license for that area.

 

Councilor Settipane requested guidance from the Town Solicitor.

 

It was moved by Council President Littman, seconded by Councilor Settipane to continue the peddler license application of Simon Barker to the June 28, 2004 Council meeting and instructed the Town Clerk to contact Mr. Bingell to see what his intentions are in respect to the peddler license issued for Mackerel Cove.  So unanimously voted.

 

3)                                                One-Day Peddlers License:

a) Application of St. Matthew’s Parish to waive the $5.00 fee and hold their annual church festival on July 17th from 9:00 AM to 1:00 PM

 

It was moved by Councilor Long, seconded by Councilor Ferguson to grant the one day peddlers license to St. Matthew’s Parrish for their annual church festival on July 17th  from 9:00 AM to 1:00 PM and to waive the fee.  So unanimously voted.

 

b) Application of Michael Pinksaw; dba: Southern New England Truck Pulls Association to sell t-shirts and hats at Ft. Getty field (across from gatehouse) on September 5th from 9:00 AM to 6:00 PM

 

It was moved by Councilor DiGiando, seconded by Councilor Long to issue a one day peddlers license to Michael Pinksaw, dba: Southern New England Truck Pulls Association to sell t-shirts and hats at Ft. Getty field (across from gatehouse) on September 5th from 9:00 PM to 6:00 PM.  So unanimously voted.

 

c) Jamestown Lions Club, dba: Jamestown Lions Club request to waive the $5.00 application fee and to sell plastic light sticks at East Ferry on July 1st, during the Forth of July Fireworks Festival

 

It was moved by Councilor Long, seconded by Councilor Ferguson to grant the one day peddlers license to the Jamestown Lions Club to sell plastic light sticks at East Ferry on July 1st, during the Fourth of July Fireworks Festival and to waive the fee.  So unanimously voted.

 

4)                                            One-Day Entertainment Licenses:

a) Application of Michael Pinksaw; dba: Southern New England Truck Pulls Association to hold a truck pull at Ft. Getty field (across from gatehouse) on September 5th from 9:00 AM to 6:00 PM

 

Michael Pinksaw informed the Council that there would be funds from the truck pull that will benefit the Jamestown Fire Department.  Mr. Pinksaw requested that he be allowed to extend the 75’ track at the southwest side of the gatehouse at Fort Getty. 

 

Councilor DiGiando expressed his concern that the event would be too noisy.  Mr. Pinksaw stated that he understood that the event is noisy and in order to lessen the disturbance to neighbors would not request that the track be extended. 

 

 It was moved by Councilor Settipane, seconded by Councilor Long to grant the one day entertainment license for September 5, 2004 to the Southern New England Truck Pulls Association for the hours of 9:30 AM to 5:00 PM, subject to proof of insurance.  So unanimously voted.

 

b) Application of Harriet Mistowski; dba Jamestown Golf Course to hold a benefit concert on October 3rd from Noon to 4:00 PM for the Down Syndrome Society of RI.  The band will be the Ocean State Parrot Head Club.

 

It was moved by Councilor Settipane, seconded by Councilor DiGiando to grant the entertainment license to Harriet Mistowski, dba Jamestown Golf Course to hold a benefit concert on October 3rd from Noon to 4:00 PM for the Down Syndrome Society of RI, subject to the payment of fees and any necessary insurance as directed by the Town Administrator.  So unanimously voted.

 

OPEN FORUM

 

1)                                               Scheduled request to address

2)                                           Non-scheduled request to address

 

Previously addressed.

 

APPOINTMENTS AND RESIGNATIONS

 

1) Resignation of the Town Administrator, Maryanne Crawford and request for termination effective on July 11, 2004

 

Council President Littman noted that the Town Administrator has requested that the Town Council accept her resignation with a waiver of the sixty-day notice as stated in her contract. 

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the resignation of Maryanne Crawford with regrets, effective July 11, 2004.  So unanimously voted.

 

UNFINISHED BUSINESS

 

1)                     Boards, Committees and Commissions (cont. from 05/10/2004)

a)                                                             Procedure

i)                                                            Appointments

ii)                                                    Discharge of committee

b)                                                    Definition of a resident

 

2)                                                          Town Charter

a)                       Review for consideration of changes (cont. from 04/26/2004)

 

With the possible need for changes in the Charter, Councilor Settipane inquired if this would be the proper time for the Council to consider making the Board of Water and Sewer Commissioners a separate board with members made up from the user group and appointed by the Town Council.  The Town Council would then serve as the Board of Appeals. 

 

It was moved by Councilor DiGiando, seconded by Councilor Long to continue items number 1 and 2 to the Council meeting on June 28, 2004.  So unanimously voted.

 

3)                                    Event Application: (cont. from 06/14/2004)

a) Application for the Jamestown Rotary Club to hold its annual bicycle/wheelchair road race on October 11th from 7:00 AM to 3:00 PM

 

The Town Administrator informed the Council that she met with the Rotary Club on Thursday and is satisfied that the application could be approved.  Additionally, the Town Administrator stated that the warm-ups would be held at Fort Getty, which will relieve some of the congestion in the village. 

 

It was moved by Councilor Settipane, seconded by Councilor Long to grant the event application for the Jamestown Rotary Club to hold its annual bicycle/wheel chair road race on October 11 from 7:00 AM to 3:00 PM, subject to final approval by Mathew Bolles, Parks and Recreation Director regarding concerns mentioned in the attached letter dated April 8 and subject to final approval by Chief Tighe.  So unanimously voted.

4) Resolution in opposition to gambling in the State of Rhode Island (per Councilor Settipane)

 

Previously addressed.

 

5)                    Local questions for the General Election (cont. from 05/24/2004)

 

It was moved by Councilor Long, seconded by Councilor Ferguson to continue local questions for the General Election to June 28, 2004.  So unanimously voted.

 

The Town Administrator noted that there are three components to the $6,2000,000 bond issue; those being, 1) water treatment plant; 2) water tower and 3) distribution and water main.  In answer to a question by Councilor DiGiando, the Town Administrator noted that it might be possible to separate those items to allow for residents to vote on the individual items.  Upon checking with the bond counsel, the Town Administrator will report back to the Council.

 

6)             Proposed legislation re: Real Estate Transfer Tax (cont. from 05/24/2004)

 

Previously discussed.

 

7)                      East Ferry kayak/dinghy storage rack (cont. from 05/24/2004)

 

The Town Administrator reported that she would work with the Harbor Management Facilities Committee to identify a location for the storage rack and return to the Council with this information.  The kayak/dinghy storage rack will be discussed at the Harbor Management Facilities Committee on June 30, 2004.

 

It was the consensus of the Council to continue the kayak/dinghy storage rack to the Council meeting on July 12, 2004. 

 

8)   Proposed legislation relating to change in date for local election (cont. from 05/24/2004)

 

NEW BUSINESS

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)                              Executive Session minutes (Per Councilor Settipane)

a)                      Policy and procedures for release of executive session minutes

b)                             Memorandum from the Town Clerk re: past practice

 

Councilor Settipane noted that there is no formal procedure to release executive session minutes and requested that the Town Clerk be instructed to work on formulating such a policy and procedure.

 

 The Town Solicitor stated that he has prepared a memorandum relating to the release of executive session minutes and how to bring the Town in compliance with State law.  Additionally, Mr. Harsch noted that the Council may discuss how they will proceed with the release of executive session minutes in public; however any review of those minutes for release or amendment would be done in executive session.

 

It was the consensus of the Council to continue the policy and procedure for release of executive session minutes to July 12, 2004.

 

2)                                        Town Administrator selection process

a)                                                        Search committee

                                                                 Charge

                                                             Membership

 

Following Council discussion, it was moved by Councilor Settipane, seconded by Councilor Long to advertise the position of Town Administrator in the ICMA and Sundays in the Providence Journal, Boston Globe, New York Times and Hartford Courant, leaving the final verbiage to the Town Clerk.  So unanimously voted.

 

The advertisement is as follows:

 

JAMESTOWN, RI (5,600)

TOWN ADMINISTRATOR.  Salary negotiable, present salary is $70,000 + benefits; 3 Administrators since ICMA recognized in 1975; 5-member Town Council elected at large for 2 year terms; $8.1M general fund budget; 70 Full-time employees. Jamestown is a rural island community served by bridges in the heart of Narragansett Bay, incorporated in 1678. Ideal candidate has at least a Bachelors Degree and 5 years municipal management or comparable business management experience with strong leadership abilities. Necessary skills include employee/citizen relations, labor and contract negotiations and financial and budget preparation. Candidate must be bondable; residency required within 6 months of employment. Send resume, current salary and names and phone numbers of 5 professional references to the TOWN ADMINISTRATOR SEARCH COMMITTEE, c/o Town Clerk, 93 Narragansett Avenue, Jamestown, RI 02835. Closing date August 16, 2004. Resumes not guaranteed confidential under RI Open Meetings Laws. EOE/RC

 

The Council discussed the possible makeup of the search committee, with Councilor Settipane recommending that if a Council member would like, they may sit in on the meetings. 

 

Following further discussion by the Council, it was moved by Councilor Settipane, seconded by Councilor Long to establish a Search Committee of no more than seven members to review applications and submit recommendations to the Council.  It was requested that the Town Clerk advertise in the Jamestown for volunteers for the search committee with a two-week response time.  So unanimously voted.

 

b)                                                Interim Town Administrator

 

Interim Town Administrator was discussed following the executive session.

 

c)                                                     Public Safety Director

 

It was moved by Councilor Settipane, seconded by Councilor Long to appoint the Chief of Police as Public Safety Director effective June 15, 2004.  So unanimously voted. (This motion was reconsidered later in the meeting.)

 

3)                        Bicycle path – Jamestown Route (per Councilor DiGiando)

 

Councilor DiGiando stated that the State has given the Town some funding for Greenways initiatives and the State intends to start looking at a design and go forward with a bicycle path that would start at the Jamestown Bridge.

 

The Town Administrator noted that a Request for Proposals went out from the Rhode Island Department of Transportation for an evaluation and feasibility study, to be followed by design and construction.  The Town Administrator estimated that this process would take two to three years.

 

It was moved by Councilor Settipane, seconded by Councilor Long to continue the Bicycle path – Jamestown Route to June 28, 2004.  So unanimously voted. 

 

4) Proposed amendment to Section 78-94 of the Code of Ordinance re: mooring limits; if favorable, order advertising

 

Councilor DiGiando informed the Council that the number of moorings in the east and west harbor are below the limits, based upon not counting the riparian moorings, and although the proposed Harbor Ordinance which is being considered by the Council would be in compliance with CRMC; the present ordinance would need to change the wording from guest moorings to riparian moorings to allow for further expansion of moorings thereby reducing the wait list.  Councilor DiGiando noted that the proposed ordinance was drafted by Town Solicitor Larry Parks. 

 

James Archibald, Chair of the Harbor Management Commission submitted a memorandum further explaining the proposed ordinance amendment.

 

The Town Solicitor stated that Mr. Parks believes this proposed amendment will bring the Town into compliance with existing CRMC language and therefore is a technical amendment and urges the Council to advertise the proposal for hearing.

 

It was moved by Councilor Long, seconded by Councilor Ferguson to order the advertising for a public hearing for the proposed amendment to Section 78-94 of the Code of Ordinance re: mooring limits.  So unanimously voted.

 

EXECUTIVE SESSION

 

It was moved by Councilor Settipane, seconded by Councilor Long to enter into executive session at 12:00 midnight to discuss the position of interim Town Administrator, pursuant to RIGL 42-46-5 (a) (1) Personnel.  It was voted Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Councilor Settipane, aye; Council President Littman, aye.  The motion unanimously passed.

 

The Town Administrator left the meeting at 12:10 AM.

 

Following the Council’s return from executive session June 15 at 12:40 AM it was moved by Councilor Long, seconded by Councilor Settipane to seal the executive session minutes from the public.  The vote was Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Councilor Settipane, aye; Council President Littman, aye.  The motion unanimously passed.

 

It was moved by Councilor Settipane, seconded by Councilor Long to appoint Thomas Tighe as Interim Town Administrator for the Town of Jamestown until such time as a permanent Town Administrator is hired, at the same compensation and salary paid to the current Town Administrator with no loss or forfeiture of benefits, effective on July 11, 2004.  So unanimously voted.

 

It was moved by Councilor Settipane, seconded by Councilor Long to reconsider the appointment of the Chief of Police as Public Safety Director effective June 15, 2004.  So unanimously voted.

 

It was moved by Councilor Settipane, seconded by Councilor Long to appoint the Interim Town Administrator, Thomas Tighe as Public Safety Director effective July 11, 2004.  So unanimously voted.

 

There being no further business before the Council, it was moved by Councilor Long, seconded by Councilor Ferguson to adjourn the meeting at 12:55 PM, June 15, 2004.  So unanimously voted.

 

Attest:

 

 

 

Arlene D. Petit

Town Clerk