COMMITTEE OF THE WHOLE/ SPECIAL TOWN COUNCIL

WESTERLY TOWN COUNCIL

COUNCIL CHAMBERS

 

 

 

MONDAY

AUGUST 7, 2006

7:30 P.M.

 

 

 

 

 

7:30 P.M.  CALL TO ORDER

 

Present:

Co. Pres. Azzinaro, Vice Pres. Castagna

Councilors DiMaio, Avedesian, Buck, Duhamel

T. Mgr. Turo, T. Sol. Hartford, Chief of Staff Ahern

Co. Clk. Giordano, T. Sgt. Abate

 

Absent:

Councilor Cooke

 

SALUTE TO THE FLAG – Council President Azzinaro

 

 

1.   PUBLIC COMMENTS

 

     Comments shall be limited to agenda items, excluding matters to be scheduled for public hearing.

 

a.  Emily Giancaspro, 6 Spring Pond Rd – re: Newly formed charity program entitled “Rhody Rides” – designated drivers program for URI students discouraging drunk drivers; volunteers give rides to college students who have had too much to drink; need to raise funds in order to continue successful program; organizing fundraising events, such as “Miss Westerly Pageant” to be held on August 18, 2006 from 7:00 p.m. to 10:00 p.m. at the Calabrese Club

 

2.   Park Avenue Relocation - Discussion

 

        a.     Resolution Accepting The Relocated Portion Of Park Avenue Into The Town Of Westerly Road System

 

Present:   Vincent Nacarrato, Esq., representing neighbors in Park Avenue area

                 Robert Ritacco, Linden Street resident

                 William Nardone, Esq., representing School Department

 

     Council President Azzinaro read aloud the vote taken by the Town Council on June 14, 2004, which approved the Petition for Road Abandonment of a portion of Park Avenue, between Linden Street and Ward Avenue, subject to the conditions that there will be a public easement across the property in perpetuity, that the School Department would not be able to close the road to the public without coming before the Council, that the timeframe in which the road would be closed to traffic would be negotiable, and approved the road abandonment of a portion of Ward Avenue, in front of the high school.  He stated that his only concern with accepting the road back into the system is whether it would be jeopardizing the reimbursement monies from the State for the school project.

 

     Attorney Naccarato explained that the Planning Board, on February 24, 2004, approved a 20-foot loop road that would remain a town-maintained road open to public, two-way vehicular traffic in perpetuity during the times when school is not in session.  He further explained that, in order to accomplish the Master Plan before the Planning Board, a portion of Park Avenue between Linden Street and Ward Avenue had to be abandoned, which was approved by the Council on June 14, 2004, and which left the relocated portion of the road in an indeterminate state.  He stated that the purpose of the resolution is to place the road into the Town highway system to be maintained by the Town.  He stated that the Planning Board approved the relocation of a portion of Park Avenue with the condition that it remain a Town road.

 

     Responding to Council President Azzinaro, Town Manager Turo explained it is the Town’s responsibility to maintain that portion of the right-of-way; however, the School Department has smaller equipment to maneuver around speed bumps placed in the road.

 

     Attorney Nardone explained that the decision was for the relocated loop to be a town- maintained road.  He stated that the plans presented to the Department of Education and approved prior to construction, and the reimbursement approved by the Department of Education, included that design.  He explained that, one of the criteria for being included as part of the overall calculation for reimbursement, is that the total project remain in the care, custody and control of the School Department.  He stated that it makes no difference to the School Committee as long as the use of the bus loop remains the same; however, he is unsure if the road acceptance would have any adverse impact on the reimbursement.  He stated that the neighbors and the School Department have co-existed peacefully and that everyone has respected the road closing hours during the school year.  He noted that, if the road is accepted into the Town highway system, an ordinance would be required to close the road from 7:00 a.m. to 4:00 p.m. while school is in session.

 

     Council President Azzinaro suggested that the resolution be moved to the August 21, 2006 Regular Meeting with some reassurance that the Town will not lose reimbursement from the State.

 

Motion by Mrs. DiMaio, Seconded by Mrs. Avedesian, that the aforesaid resolution be moved to the August 21, 2006 Regular Meeting agenda.  (Voted Unanimously)

 

3.   Harbor Management Commission - Re-Organization of Committee/Clerical Support - Discussion

 

Present:   Larry Steadman, Chair, Harbor Management Commission

 

    Mr. Steadman stated that he forwarded an e-mail to all members of the Harbor Management Commission notifying them of this meeting before the Council and reported that one member is currently out of town, another member resigned, and the other members did not respond.  He stated that several meetings of the Commission have been held since he last appeared before the Council, but he questioned what constitutes a quorum for the Commission and the status of an alternate member.  He asked if there are any funds available for supplies, mailings and secretarial help.  He reported that work is moving forward; however, the biggest problem is getting enough members together to constitute a quorum.  He suggested that all members be appointed as full members and that there be no alternate members.

 

     Town Manager Turo explained that the majority of the regular members of a committee would constitute a quorum and that an alternate member would take the place of an absent regular member with full voting privileges.  He stated that the Harbor Management Commission has not submitted a budget; therefore, no funds have been appropriated to assist with costs associated with supplies, mailings and secretarial help.  He stated that he would be willing to address this with the Commission and will try to make every effort to accommodate the Commission’s needs.

 

     Discussion was held regarding a restructuring of the Commission in order to maintain a quorum. 

 

     It was the consensus of the Council that the appointment of two alternate members to the Harbor Management Commission be placed on the August 21, 2006 Regular Meeting agenda.

 

4.   Affordable Housing Study Committee - Discussion

 

        a.     Proposed Amendment To Affordable Housing Element Of The Comprehensive Plan

 

Present:   Affordable Housing Plan Committee members:  Patricia A. Douglas, Chair; Donna Chiaradio; Teresa Wright; Adrian Pelchat

 

     Councilor DiMaio stated that no density caps on scattered site affordable housing by non-profit and public agencies is being proposed at the present time and questioned when this would be addressed.

 

     Mrs. Douglas explained that the proposed ordinance is only the beginning and that there is much more to do and much more to address.  She stated that the Committee is in charge of reviewing and updating the Affordable Housing Plan and that revisions reflect the Committee’s unanimous opinion that “voluntary” inclusionary affordable housing by for-profit developers has not worked and is not a viable strategy capable of achieving the State mandate that 10% of Westerly’s housing stock be affordable to low and moderate income households.  She stated that the plan endorses “mandatory” inclusionary zoning that, virtually, all other Rhode Island municipalities are adopting.  She stated that she would like to see a moratorium on building for approximately three-months to allow the Committee time to review the matter.

 

     Councilor Duhamel explained that revisions to the Comprehensive Plan can be done four times a year and this would count as one of the revisions.  He stated that an advisory opinion is required from the Planning Board; therefore, he is unsure that the Council can hold a public hearing on August 21, 2006.  He stated that he is in favor of the mandatory component to reach the State mandated goals, but believed that a zoning ordinance is required to comply with the new Comprehensive Plan and its goal. 

 

     Town Solicitor Hartford agreed that Planning Board review is required for amendments to the Comprehensive Plan, but did not believe this would delay an August 21, 2006 hearing before the Town Council.

 

Motion by Mrs. DiMaio, Seconded by Mrs. Avedesian, that the aforesaid proposed ordinance be ordered advertised for public hearing on August 21, 2006:  (Voted Unanimously)

 

5.   Petition for Zoning Text Amendment - "An Ordinance In Amendment Of Chapter 1439 Of The General Ordinances Of The Town Of Westerly Entitled "Re-Enact And Re-Adopt Chapter 1242 Entitled 'The Westerly, Rhode Island Zoning Ordinance Of 1998, As Amended'" (Watch Hill Conservancy - Amend Article IX, Section 260-45(B)(1) - Uses requiring development plan review to include Shore Commercial - Watch Hill (SC-WH))

 

Present:   Thomas J. Liguori, Jr., Esq., representing Watch Hill Conservancy Chaplin Barnes, Esq., Executive Director, Watch Hill Conservancy Edward Russell, Moderator, Watch Hill Fire District

Dr. Richard Youngkin, Professor, URI, Planning Consultant

 

     Councilor DiMaio recused herself due to a conflict of interest being a pending real estate sale where she will receive a finder’s fee.

 

     Attorney Liguori explained that the amendment is a follow through of last year’s presentation by the Watch Hill Conservancy designating Bay Street as a national historic landmark.  He stated that it is set forth in the Comprehensive Plan that there should be development design standards applied within each designated historic area which are reasonable and consistent with historic preservation goals.  He explained that the proposal is an attempt by the Watch Hill Conservancy to set such standards for a limited area of Bay Street without affecting any other areas of the Town.  He noted that it is the Conservancy’s goal to continue to develop standards for Bay Street so that applications can be judged according to standards and rules and, hopefully, replace much of the contentiousness and litigation that has occurred.

 

Motion by Mrs. Avedesian, Seconded by Ms. Buck, that the aforesaid proposed ordinance be ordered advertised for public hearing on September 11, 2006:  (Voted Unanimously)

 

6.   Petition for Zoning Text Amendment - "An Ordinance In Amendment Of Chapter 1439 Of The General Ordinances Of The Town Of Westerly Entitled "Re-Enact And Re-Adopt Chapter 1242 Entitled 'The Westerly, Rhode Island Zoning Ordinance Of 1998, As Amended'" (Rhode Island Shoreline Coalition - Amend Article II, Section 260-9, Terms defined - "Mixed Residential and Commercial Use" and Article V, Section 260-19, Minimum dimensional regulations - "Shoreline Commercial - G (Maximum Building Height))

 

Present:   Harry Staley, 90 Donizetti Rd, President, Rhode Island Shoreline Coalition

 

     Councilor DiMaio recused herself due to a possible conflict of interest being a pending real estate sale where she will receive a finder’s fee.

 

     Mr. Staley explained that the purpose of the amendment is to standardize building height restrictions in the shoreline areas.

 

Motion by Mr. Duhamel, Seconded by Mr. Castagna, that the aforesaid proposed ordinance be ordered advertised for public hearing on September 11, 2006:  (So Voted 4 to 1 – Councilor Avedesian dissented)

 

7.   Proposed Ordinance - "An Ordinance In Amendment Of Chapter 1439 Of The General Ordinances Of The Town Of Westerly Entitled "Re-Enact And Re-Adopt Chapter 1242 Entitled 'The Westerly, Rhode Island Zoning Ordinance Of 1998, As Amended'" (Amend Article IX, Section 260-45 - Development plan review - Fee Schedule)

 

Present:   William Haase, Town Planner

 

Motion by Mrs. DiMaio, Seconded by Ms. Buck, that the aforesaid proposed ordinance be ordered advertised for public hearing on September 11, 2006:  (Voted Unanimously)

 

8.   Resolution Authorizing The Town Manager To Enter Into An Agreement With E.W. Burman, Inc. For Phase I Renovations To Westerly's Old Town Hall

 

Present:   William Haase, Town Planner

 

Motion by Mrs. DiMaio, Seconded by Mrs. Avedesian, that the following resolution be adopted:  (Voted Unanimously)

 

06/07-14

 

     WHEREAS, the Town of Westerly acting in cooperation with The Old Town Hall Museum Corporation, Inc. has solicited competitive sealed bid proposals pursuant to Section 49-4 of the Town of Westerly Code of Ordinances, from firms interested in performing renovations Phase I to Westerly’s Old Town Hall, located at 10 Union Street; and

 

     WHEREAS, a single sealed bid was received in response to this solicitation on July 23, 2006, resulting in identification of E.W. Burman, Inc. of Warwick, RI as a qualifying bidder; and

 

     WHEREAS, E.W. Burman, Inc. has presented references and qualifications indicating successful completion of similar historic renovation projects elsewhere in Rhode Island; therefore, be it

 

     RESOLVED:  by the Town Council of the Town of Westerly that the Town Manager is authorized to enter into a contract with E.W. Burman, Inc. in an amount of $602,620 to perform renovations to Westerly’s Old Town Hall according to Burman’s schedule of values dated July 19, 2006, and a quote for tower clock repairs dated July 20, 2006 from David W. Graf, with such funds coming from RIDOT’s Transportation Enhancement Grant Program, a RI Historical Preservation & Heritage Commission Historic Preservation Grant, the non-profit 1772 Foundation, and from the Town of Westerly.

 

9.   Resolution Of The Town Of Westerly Authorizing The Purchase Of A Street Sweeper

 

Motion by Mr. Castagna, Seconded by Mrs. Avedesian, that the following resolution be adopted:  (Voted Unanimously)

 

06/07-15

 

     WHEREAS, the Town of Westerly has budgeted money in the 2006/2007 Fiscal Year budget for the purchase of a street sweeper; and

 

     WHEREAS, the RI Dept. of Transportation has recently bid and purchased from C.N. Wood one or more of these sweepers which the Town can piggy back off of; and

 

     WHEREAS, C.N. Wood, 200 Merrimac Street, Woburn, MA  01801 has placed a bid for the State in the amount of $125,000; and

 

     WHEREAS, the funds are in the line item #01011910-504504 at $45,000.00 (Lease); and

 

     WHEREAS, the recommendation is to award the bid for the new street sweeper to C.N. Wood for $125,000.00; now therefore

 

     BE IT RESOLVED:  that the Westerly Town Council authorize the Town Manager to purchase the New Sweeper from C.N. Wood.

 

10. Resolution Of The Town Of Westerly Authorizing The Purchase Of Two (2) Heavy Duty Dump Bodies With Plows

 

Motion by Mrs. Avedesian, Seconded by Mrs. DiMaio, that the following resolution be adopted:  (Voted Unanimously)

 

06/07-16

 

     WHEREAS, the Town of Westerly advertised for bids for Two (2) Heavy Duty Dump Bodies with Plows; and

 

     WHEREAS, four (4) bids were opened by the Operations Officer on June 28, 2006; and

 

     WHEREAS, the Companies submitted two bids each, one was for a Conventional Model and the second was an All Seasoned Combination Body/Spreader.

 

     WHEREAS, W.H. Rose of Columbia, CT bid $32,626.00 and $47,402.00, J.C. Madigan Inc. of Harvard, MA bid $29,150.00 and $46,650.00, Tenco of East Berlin, CT bid $41,642.00 and $50,942.00 and Truck Equipment Boston of Brighton, MA bid $30,209.50 and $61,419.00. 

 

     WHEREAS, the bids were reviewed by the Superintendent’s of Public Works and the Town’s Head Mechanic; and

 

     WHEREAS, the recommendation is to award the Bid to the low bidder, J.C. Madigan, Inc. of Harvard, MA and purchase one Conventional Model for $29,150.00 and one All Seasoned Combination Body/Spreader for $46,650.00; and

 

     WHEREAS, the funds are available in the 2006/2007budget account #01011910-504502 for a total price of $75,800.00; now therefore, be it hereby

 

     RESOLVED:  That the Westerly Town Council authorizes the Town Manager to award the bid for the Two (2) Heavy Duty Dump Bodies with Plows to J.C. Madigan of Harvard, MA for the above stated price of $75,800.00.

 

11. Resolution Of The Town Of Westerly Authorizing The Purchase Of Two Dump Trucks

 

Motion by Mrs. DiMaio, Seconded by Mrs. Avedesian, that the following resolution be adopted:  (Voted Unanimously)

 

06/07-17

 

     WHEREAS, the Town of Westerly advertised for bids for Two (2) Dump Trucks; and

 

     WHEREAS, four (4) bids were opened by the Operations Officer on June 28, 2006; and

 

     WHEREAS, the bids were reviewed by the Superintendent’s of Public Works and the Town’s Head Mechanic; and

 

     WHEREAS, Liberty Chevrolet of Wakefield, MA bid $53,118.00, Anderson Motors of East Providence, RI bid $62,477.00, Coastal International Truck, Inc. of Warwick, RI bid $63,000.00 and Colony Ford of Warwick, RI bid $58,445.00. 

 

     WHEREAS, after review it was determined that Liberty Chevrolet did not meet the specifications outlined for the engine; and

 

     WHEREAS, the next lowest bidder, Colony Ford of Warwick, RI met or exceeded the specifications; and

 

     WHEREAS, the recommendation is to award the Bid to Colony Ford, 7 Jefferson Boulevard, Warwick, RI  02888 for a purchase price of $58,445.00 per truck; and

 

     WHEREAS, the funds are available through the vehicle leasing program approved by the Town Council with Banc Of America Leasing and Capital, LLC; and

 

     WHEREAS, the funds are available in the 2006/2007 budget account #01011910-504502; now therefore, be it hereby

 

     RESOLVED:  that the Westerly Town Council authorizes the Town Manager to award the bid for the Two (2) Dump Trucks to Colony Ford for the above stated price of $58,445.00 each.

 

12. Resolution Of The Town Of Westerly Authorizing The Purchase Of 100-Cubic Yard Steel Hardox 450 Open Top Transfer Trailer

 

Motion by Mrs. Avedesian, Seconded by Ms. Buck, that the following resolution be adopted:  (Voted Unanimously)

 

06/07-18

 

     WHEREAS, the Town of Westerly advertised for bids for one (1) 100-Cubic Yard Steel Hardox 450 Open Top Transfer Trailer; and

 

     WHEREAS, one (1) bid was opened by the Operations Officer on June 28, 2006; and

 

     WHEREAS, the bid was thoroughly examined by the Superintendent of Public Works and the Head Mechanic and met all of the specifications; and

 

     WHEREAS, the recommendation is to award the bid to Steco, P.O. Box 113, Dorchester, MA  02122 at $57,975.00; and

 

     WHEREAS, the funds are available in Account #01011910-504573 for $57,975.00, now therefore be it hereby

 

     RESOLVED:  That the Westerly Town Council authorizes the Town Manager to award the bid to Steco, Box 113, Dorchester, MA  02122 for a total of $57,975.00.

 

13. Resolution Of The Town Of Westerly Authorizing The Purchase Of A 2007 Truck-Tractor

       

        Present:   Salvatore Murano, Operations Officer

 

Motion by Mrs. Avedesian, Seconded by Ms. Buck, that the following resolution be adopted:  (Voted Unanimously)

 

06/07-19

 

     WHEREAS, the Town of Westerly advertised for bids for a 2007 Truck-Tractor; and

 

     WHEREAS, the two (2) bids were opened by the Operations Officer on June 28, 2006; and

 

     WHEREAS, the bids were thoroughly examined by the Superintendent of Public Works and the Head Mechanic; and

 

     WHEREAS, Anderson Motors, 170 Amaral Street, East Providence, RI  02915 bid $88,977.00 and Ballard Mack, 80 Centre of N.E. Boulevard, Coventry, RI  02816 bid $92,600.00; and

 

     WHEREAS, the lowest bidder was Anderson Motors and they met or exceeded specifications; and

 

     WHEREAS, the recommendation is to award the bid to Anderson Motors, 170 Amaral Street, East Providence, RI  02915 for $88,977; and

 

     WHEREAS, the funds are available in Account #01011910-504589 for $88,977.00; now therefore, be it hereby

 

     RESOLVED:  That the Westerly Town Council authorizes the Town Manager to award the bid to Anderson Motors, 170 Amaral Street, East Providence, RI  02915 for a total of $88,977.00

 

14. Resolution Authorizing The Town Manager To Purchase A New 2006 4-Wheel Drive Pickup Truck For The Utilities Department

 

Present:   Paul Corina, Utilities Superintendent

                 Barclay Robertson, 18 Urso Drive

 

     Utilities Superintendent Corina responded to Mr. Robertson’s questioning as to the need for a four-wheel drive vehicle.  He explained that the vehicle will be used by employees in the water pump stations, who respond to calls on a 24-hour basis in various weather conditions.  He noted that there are gravel roadways leading to some of the pump stations and that a four-wheel drive vehicle is needed.

 

Motion by Ms. Buck, Seconded by Mr. Castagna, that the following resolution be adopted:  (Voted Unanimously)

 

06/07-20

 

     WHEREAS:  the Utilities Department has need for a 4 Wheel Drive Pick Up Truck and was approved in the 2006-2007 Water Budget; and

 

     WHEREAS, the Utilities Department through the Operations Officer advertised for bids on June 28, 2006; and

 

     WHEREAS, ten (10) bids were mailed out to various dealerships in the Rhode Island, Connecticut and Massachusetts areas; and

 

     WHEREAS, three (3) bids were opened by the Utilities Superintendent and recorded by the Operations Officer on July 20, 2006 at 3:00 p.m.; and

 

     WHEREAS, Liberty Chevrolet, Inc. of 90 Bay State Road, Wakefield, MA  01880 bid $17,298.00, Norwood Chevrolet, Inc. of 1400 Post Road, Warwick, RI 02887 bid $18,693.00 and Flood Ford of Narragansett of 21 Woodruff Avenue, Narragansett, RI  02882 bid $19,928.00; and

 

     WHEREAS, Liberty Chevrolet has withdrawn his bid due to a Factory Discontinuation of the model that was specified in the bid package (see attached correspondence from Liberty Chevrolet, Inc. dated August 2, 2006).  The second low bidder, Norwood Chevrolet has offered to supply the model specified for the price of $17,298.00 (see attached correspondence from Norwood Chevrolet dated August 3, 2006).  This vehicle is currently on the lot of one of Norwood Dealerships; and

 

     WHEREAS, Norwood Chevrolet, Inc. has met all of the specifications outlined in the bid package; and

 

     WHEREAS, the funds have been allocated in the 2006-2007 Water Budget account 06015150-504811 – “Infrastructure Improvements” now therefore be it hereby

 

     RESOLVED:  That the Town Council authorizes the Town Manager to purchase a new 4x4 Pickup Truck from Norwood Chevrolet of Warwick, RI in the amount of $17,298.00.

 

15. Resolution Authorizing Question For November 7, 2006 General Election Regarding General Road Reconstruction, Resurfacing and Drainage Improvements Within The Town Of Westerly ($5,000,000.00)

 

     Town Manager Turo reported that the Finance Department has researched the cost of a $5,000,000.00 bond for either a 15-year or 20-year period and it was discovered that it will cost between $2 million and $4 million over 20 years.  He stated it is being proposed that the Town commit to spending a certain amount from the General Operating budget for the same project over a 7 ½- or 10-year period, which would allow the Town to complete the improvements and not have to borrow or pay the interest expense.  He asked that the request to seek bond approval be removed at this time in order to do further research.

 

Motion by Mrs.DiMaio, Seconded by Mrs. Avedesian, that the aforesaid resolution be withdrawn.  (Voted Unanimously)

 

16. Resolution Authorizing Question For November 7, 2006 General Election Regarding Bond for Open Space Acquisition

 

        Present:   Richard Anthony, 108 Noyes Neck Rd

 

     Councilor Castagna explained that he requested that the aforesaid resolution be placed on the agenda for Council consideration, whereby the voters would be asked to approve $500,000.00 for use by the Municipal Land Trust for the purchase of open space.

 

     Mr. Anthony read from the Comprehensive Plan regarding open space.  He stated that the Westerly Land Trust, together with the Municipal Land Trust and other foundations, was trying to effect the purchase of a substantial parcel; however, the negotiations have reached an impasse.  He stated that it was realized that, structurally, the Town is at a disadvantage.  He explained that the recommendation is to create a referendum that will allow the Town to borrow up to a certain amount of money to provide the Municipal Land Trust with the ability to purchase property.

 

    Town Manager Turo suggested that the language read, “Shall the Town of Westerly be authorized to issue general obligation bonds and notes in an amount up to $3 million for the purpose of acquiring property to be designated as open space and such property to be administered by the Westerly Municipal Land Trust.”

 

     Discussion was held regarding the dollar amount to be put before the voters; a suggestion that the amount be up to $3 million; and that the property not be limited to open space.

 

Motion by Ms. Buck, Seconded by Mr. Castagna, that the following resolution be adopted:  (Voted Unanimously)

 

06/07-21

 

     RESOLVED:  That the Town Council of the Town of Westerly, Rhode Island, hereby authorizes the submission of the following question to be placed on the ballot at the general election to be held on November 7, 2006:

 

“SHALL THE TOWN OF WESTERLY BE AUTHORIZED TO ISSUE GENERAL OBLIGATION BONDS AND NOTES IN AN AMOUNT UP TO THREE MILLION DOLLARS FOR THE PURPOSE OF ACQUIRING LAND AND PROPERTY FOR OPEN SPACE; RECREATION; WELLHEAD PROTECTION AND THOSE PURPOSES STATED IN THE OPEN SPACE ELEMENT OF THE COMPREHENSIVE PLAN AND/OR THE MUNICIPAL LAND TRUST CHARTER?”

 

17. Resolution Of The Town Of Westerly Authorizing The Town Manager To Enter Into A Contract For A Grant With The Connecticut DEP (Pumpout Boat)

 

Motion by Mrs. DiMaio, Seconded by Mrs. Avedesian, that the following resolution be adopted:  (Voted Unanimously)

 

06/07-22

 

     WHEREAS, the Connecticut DEP has asked the Town of Westerly to enter into a contract in order to receive grant funding for the operation and maintenance of the Town’s Pumpout Boat Program, which will consist of two boats; and

 

     WHEREAS, it is in the best interest of the Town of Westerly to enter into this contract with Connecticut DEP in order to continue the well received program; and

 

     WHEREAS, the grant committed the Town of Westerly from December 1, 2005 through November 30, 2006 is $33,009.75; and

 

     WHEREAS, the Town Manager be duly authorized to enter into and sign said contract on behalf of the Town of Westerly on said contract; and

 

     WHEREAS, the Westerly Town Manager is further authorized to provide such additional information and execute such other documents as may be required by the State and Federal Government in connection with said contract and to execute any amendments, recessions and revisions; now therefore be it

 

     RESOLVED:  That the Westerly Town Council authorizes the Town Manager to enter into a contract agreement with the Connecticut DEP for the purpose of grant funding for the operation and maintenance of both Town’s boats for the 2006 season.

 

18. Resolution Authorizing The Rhode Island Coastal Resources Management Council (CRMC) to Retype Local Waters

 

Motion by Mr. Duhamel, Seconded by Mr. Castagna, that the following resolution be adopted:  (Voted Unanimously)

 

06/07-23

 

     WHEREAS, the Town of Westerly shoreline encompasses coastal waters within the Block Island Sound; and

 

     WHEREAS, the CRMC has typed these waters both “Type 1 Conservation Areas” and “Type 2 Low-Intensity Use”; and

 

     WHEREAS, the coastal waters off Westerly Plat 185, Lots 25, 27, 27A, & 28 are currently classified Type 1; and

 

     WHEREAS, said Lots are zoned for residential use; and

 

     WHEREAS, the shoreline of said Lots are heavily revetted; and

 

     WHEREAS, the above listed Lots collectively form a small and protected enclave; and

 

     WHEREAS, it is in the best interests of the Town of Westerly to promote the rebuilding of such shoreline barriers in the case of hurricane or other significant damage; and

 

     WHEREAS, such rebuilding would be prohibited if the waters are not retyped by CRMC from Type 1 to Type 2; and

 

     WHEREAS, CRMC requires a resolution by the local municipality to retype coastal waters; now therefore, be it hereby

 

     RESOLVED: That the Westerly Town Council authorizes the CRMC to retype the coastal waters offshore Westerly Plat 85, Lots 25, 27, 27A, & 28 from “Type 1” to “Type 2” waters.

 

19. Resolution Authorizing Amendment To Lease With Stand Up For Animals Or S.U.F.A.

 

Motion by Mrs. Avedesian, Seconded by Mr. Castagna, that the following resolution be adopted:  (Voted Unanimously)

 

06/07-24

 

     WHEREAS, the Town of Westerly entered into a 99-year land lease with S.U.F.A. on February 18, 2004 for the construction of an animal control facility at the Westerly Transfer Station complex; and

 

     WHEREAS, during the development of the master plan for the transfer station complex, including the siting of a new Highway Garage at the facility, it was determined and decided by all interested parties that the S.U.F.A. facility would be relocated directly across the street from its originally anticipated location or east of Larry Hirsch Way and contiguous with Santo Algiere Park; now therefore, be it hereby

 

     RESOLVED:  That the Westerly Town Council does authorize an amendment to the S.U.F.A. lease to allow for a relocation of the facility in accordance with the 2006 Transfer Station master plan and provided all other terms and conditions of the lease shall remain the same.

 

20. Resolution Supporting The "Decade Of Non-Violence"

 

Present:   Frank Thacker, 38 Valley Dr

 

     Mr. Thacker reported that, at the suggestion of the Town Council, he met with the Town Manager and the Chief of Staff to develop a resolution that would be acceptable to everyone.  He stated that there is no cost to the Town to implement the program and that the resolution states that the Council only supports the concept of non-violence.

 

     Discussion was held regarding concerns of the program being too commercial.

 

     Town Manager Turo was of the opinion that the Town Council should be very careful about what it endorses; that the Council can run the risk of having something misconstrued; and that there is no need for this resolution.

 

Motion by Mr. Castagna, that the aforesaid resolution be adopted.  There was no Second and the motion failed.

 

21. Resolution Authorizing Deletions From The Council Action Items Report

 

Motion by Mr. Duhamel, Seconded by Ms. Buck, that the following resolution be adopted:  (Voted Unanimously)

 

06/07-25

 

     WHEREAS, the following items have been completed or no action has been taken:

 

No.                Project/Activity

 

31                   Tax Abatement Ordinance

49                   E-Waste Recycling

96                   Public Assistance Volunteer

154                 New Town Beach Boardwalk Plan – Dune Restoration

194                 Joint Meeting with School Committee to Discuss FY2006/2007 Budget

203                 New Town Beach Property

                       Naming of New Town Beach

209                 Comprehensive Plan Study Committee

217                 Licensing Board

218                 Public Comment Segment of Agenda – Councilors’ Response to ‘Citizens Comments

220                 Zoning Text Amendment for Location of Film Studio in North Stonington

224                 Global Positioning System (GPS)

225                 Town Manager Job Performance Review

227                 School Building Project Punch List

228                 Building Moratorium and Growth Management

229                 Eminent Domain Ordinance

230                 Widening of Schilke Drive

231                 North End Crime Watch

232                 Legal Fees

233                 Grievance Procedure for Non-Union Employees

234                 Community Police Substation

235                 Resignation of Bradley Benson

237                 Harbor Management Commission

238                 Veterans’ Exemptions

240                 Appointment of Liaison

241                 Rhode Island Airport Corporation

243                 Washington County Regional Planning Council

245                 Post Road Overlay District

247                 Whip ‘N Dip

249                 Affordable Housing

250                 MIOX

252                 DMV Relocation

253                 Request for Abatement

254                 Appeal of Decision of Licensing Board (re: Ocean View Motel)

255                 Affordable Housing Tax Credits for Landlords

258                 Misquamicut Fire District Neighborhood Meeting

259                 Letter from Maryknoll Sisters seeking Tax Exempt Status

260                 Stand Up  for Animals Agreement

                       SUFA – Request for Disbursement of Funds

262                 Resolution Supporting Senate Bill S2049 – re: Elimination of MTBE as a Gasoline Additive

263                 Center for Non-Violence & Peace Studies

264                 Group Work Camps Foundation

265                 Phoenix Paper at Westerly Public Library

267                 Westerly Marina Lease

268                 Resolution for Town Auditing Services

269                 State Surplus Property

270                 Sign Ordinance Study Committee

271                 Misquamicut Business Association

272                 Resolution Awarding Contract for Auditing Services

273                 HousingWorks RI

274                 Ongoing Legal Fees

275                 Asset Protection Plan 2006-2007 Westerly Public Schools

277                 Littering of Unsolicited Newspapers, Etc.

278                 Rhode Island Airport Corporation (RIAC)

                       RIAC – Re: Easement Acquisition Program for Westerly Airport

279                 Clerical Support for Appointed Boards and Committees

281                 Police Reserves

282                 Charter Revision – Chapter II – Probate

283                 Summer Pops – Re: Waiving of Tipping Fee for Trash Disposal at Transfer Station

286                 Water System Improvements – Re: White Rock Bypass Line

287                 Proposed Ordinance – Re: Dog Registration Fee

288                 Appeal of Decision of Westerly Licensing Board – Re: Jason Konturas/DBA: Extreme Tan

289                 Resolution – Re: Paving of Various Roads

291                 Petitions for Pole Location

297                 Watch Hill Business Association – Re: Public Restrooms

 

22. Appointments:

 

        a.     Subcommittee To Study Airport Issues

 

     Councilor Avedesian nominated Thomas Magee, John Formica and Richard Vaillancourt for appointment to the Subcommittee to Study Airport Issues.

 

 

Motion by Mrs. DiMaio, Seconded by Councilor Cooke, that Thomas Magee of 5 Links Passage, John Formica of 8 Links Passage and Richard Vaillancourt of 4 Links Passage be appointed to the Ad Hoc Subcommittee to Study Airport Issues for an indefinite term.  (Voted Unanimously)

 

9:35 P.M.  Voted Unanimously to adjourn.

 

                                                ATTEST:

 

                                                                        Donna L. Giordano, MMC

                                                                        Council Clerk

 

     Details of the aforesaid proceedings are available on the tape record of said meeting.

 

 

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