REGULAR MEETING	WESTERLY TOWN COUNCIL	COUNCIL CHAMBERS

MONDAY	AUGUST 21, 2006	7:30 P.M.

1. 7:30 P.M. CALL TO ORDER

Present: President Azzinaro, Vice Pres. Castagna

Councilors Cooke, DiMaio, Avedesian, Buck, Duhamel

T. Mgr. Turo, T. Sol. Hartford

Co. Clk. Giordano, T. Sgt. Abate

Absent: Chief of Staff Ahern

INVOCATION – Councilor Avedesian

SALUTE TO THE FLAG – Council President Azzinaro

2. RECOGNITIONS, AWARDS & MEMORIALS

RATIFY AND CONFIRM:

Motion by Mrs. Avedesian, Seconded by Mr. Cooke, to ratify and confirm the following resolution: (Voted Unanimously)

a. Congratulations – Armondo “Chuck” Azzinaro, Veteran of Foreign Wars

3. SPECIAL REPORTS

a. Vision 2020 Project Update – Joseph Cugini, Chair

Present: Vision 2020 Committee members: Joseph N. Cugini, Chair;

Joseph A. Terranova

Mr. Cugini presented a brief report on the status of Phase I of the Vision 2020 School Facilities Master Plan. He recognized the members of Vision 2020 Committee for their hard work and noted that the project was a team effort. He stated that the Committee felt that so much has been accomplished, particularly at the high school in the last few months, that it was prudent to bring the Council up-to-date on the project. He explained that, when the Committee undertook the challenge of implementing the Master Plan, a goal was established to deliver a project that would satisfy the needs of the school facilities to improve the learning environments and would ensure that the taxpayers would receive the best value for their tax dollars. He reported that the Committee has met and exceeded its goals under Phase I and believes that the Town of Westerly has made a significant improvement in the quality of education being delivered. He reported that the work at all of the facilities under Phase I was completed within the timeframes originally envisioned and was completed by the start of school year to minimize the disruption of education. He presented a preview of a final report, which outlines the work accomplished thus far and he explained the program’s success to date. He reported that the Committee is moving forward with the development of Phase II plans with funds remaining from the original bond issue and that the Committee will not be coming before the Town Council or the School Committee to seek additional funds for this effort. He thanked the Council for its unwavering support and looks forward to its continued involvement and guidance.

Mr. Terranova addressed the major accomplishments at the new Middle School, which is located on 27 acres and has a capacity for 1,000 students. He explained the educational layout, noting that the POD system supports the Middle School teaching concept. He addressed the accomplishments at the high school and explained the major features of high school campus plan.

Council President Azzinaro thanked the Vision 2020 School Facilities Building Committee for the report and for the endless hours contributed to the project.

4. CONSENT CALENDAR

a. Approval of Minutes

Committee of the Whole/Special – 7/3/06

Regular – 7/10/06

Special – 7/10/06

Executive – 7/10/06 (Sealed); 8/7/06 (Sealed)

Motion by Mrs. Avedesian, Seconded by Mrs. DiMaio, that the aforesaid minutes be accepted and approved as printed and that the 7/10/06 and 8/7/06 Executive Session minutes be sealed. (Voted Unanimously)

b. Fiscal Matters

Motion by Mr. Duhamel, Seconded by Mrs. Avedesian, that the following resolutions be adopted: (Voted Unanimously; Councilor DiMaio abstained from voting on the resolution authorizing payment to Leo F. Manfred II, Esq.)

Resolution Authorizing The Town Manager To Extend The Contract With PARE Engineering For The Tank Investigation And Rehabilitation Program

06/07-26

WHEREAS, the Town of Westerly advertised for qualifications statements for consultant services in connection with the Tank Inspection and Rehabilitation Program – Phase I; and

WHEREAS, Town Staff unanimously decided that the most qualified consultant for this project was PARE Engineering; and

WHEREAS, the Westerly Town Council authorized the Town Manager to award a contract for professional services for the Tank Inspection and Rehabilitation Program – Phase I to PARE Engineering in Resolution 03/04 –111; and

WHEREAS, upon investigation of the properties adjacent to the Tower Street Tank site (15 Tower Street, 7-9 Tower Street) it was determined that higher than residential standard lead soil levels existed on these properties; and

WHEREAS, a discussion of this matter was held before the Public Works Subcommittee and was then fully and openly discussed at a Westerly Town Council meeting; and

WHEREAS, the Town believed itself subject to the provisions of R.I.G.L. 23-24.6 and required to remediate the above stated properties; and

WHEREAS, PARE Engineering was directed to complete soil sample testing, prepare a Site Investigation Report, prepare a Remedial Action Work Plan, and provide additional services in connection with the remediation of these properties in accordance with Westerly Town Council Resolution 04/05-124; and

WHEREAS, the Rhode Island Department of Environmental Management is requiring the Town to perform rehabilitation of the Tower Street Water Tank; and

WHEREAS, the Town requires professional services in conjunction with the preparation of project plans and specifications, the solicitation of construction bids, and the management and inspection of the remediation project; and

WHEREAS, PARE Engineering is the most qualified consultant to provide those services and has proposed to do so in an Addendum Agreement for Additional Services for a total of an additional $47,700.00; and

WHEREAS, funds are available in the 2006-2007 Water Budget Account #06031910-506701 to pay for the additional services; and

WHEREAS, it is a matter of public health and safety to expedite the processing of this additional work to perform the actual lead remediation services; now therefore

BE IT RESOLVED: that the Town Council of the Town of Westerly hereby authorizes the Town Manager to execute the Addendum Agreement for Additional Services to extend the contract with Pare Engineering for the Tank Investigation and Rehabilitation Program – Phase I.

Resolution Authorizing The Town Manager To Enter Into A Contract With Geer Concrete To Install Concrete Sidewalks At Various Locations In The Town Of Westerly

06/07-27

WHEREAS, the Town of Westerly solicited sealed bids for installation of new concrete sidewalks at various locations in the Town of Westerly in accordance with applicable procurement ordinances and regulations; and

WHEREAS, three (3) sealed bids were received and opened on July 3, 2006 and the bids received were as follows: Oakhill Farm, East Greenwich, RI bid at $188,750.00, Narragansett Improvement, Providence, RI bid at $183,018.40 and Geer Concrete, Pawcatuck, CT bid at $81,061.00; and

WHEREAS, Geer Concrete, 505 Greenhaven Road, Pawcatuck, CT 06379 is a Licensed Contractor in the State of RI and proposed to provide all labor, materials, equipment, and incidentals necessary to install the sidewalks in accordance with the specifications at the lowest price of $81,061.00; and

WHEREAS, funds are available in account #01011801-504310 – Sidewalk Replacement there is sufficient funds available to award this contract; now therefore, be it hereby

RESOLVED: that the Town Council hereby authorizes the Town Manager to enter into a contract with Geer Concrete to install new concrete sidewalks at various locations in the Town of Westerly.

Resolution Authorizing Payment To The Account Firm Of Cayer Caccia LLP

06/07-28

WHEREAS, the Town Of Westerly has retained the firm of Cayer Caccia LLP, Certified Public Accountants and Business Consultants; and

WHEREAS, Cayer Caccia LLP, has submitted Invoice No. 00104746 for professional services rendered from October 21, 2005 through June 30, 2006 for procedures related to examination of School Building Fund, preparation of interim reports summarizing School Building Fund transactions, review, analysis, and summarization of federal and state cash receipts and disbursements related to Police Forfeiture program; and

WHEREAS, said invoice has been reviewed for payment by the Town Manager, Joseph T. Turo, Esq.; now therefore, be it hereby

RESOLVED: That the Westerly Town Council authorizes the Finance Director to pay the attached invoice in the amount of $10,289.00 from account number 01011801 504087 to the accounting firm of Cayer Caccia LLP, 405 Promenade Street, Providence, RI 02908.

Resolution Authorizing Payment To The Law Offices Of Orsinger & Nardone

Councilor Cooke, for the record, felt it amazing that the Town Council votes to pay the aforesaid invoice, but has no idea what is being negotiated. He felt it frustrating that the funds come from the Town budget and felt that funds should come from the School Budget.

06/07-29

WHEREAS, the Town of Westerly has retained the law firm of Orsinger & Nardone to represent the Town on specific school matters; and

WHEREAS, the law firm of Orsinger & Nardone has submitted an invoice for professional services rendered on these matters in the amount of $5,718.75, and

WHEREAS, the Town Solicitor has reviewed said billing and recommends payment thereof; and

WHEREAS, funds for said payment are available in the appropriate account; now therefore, be it hereby

RESOLVED: That the Westerly Town Council authorizes the Finance Director to pay from FY2005/2006 Professional Services account # 01010501-502900 in the amount of $2,100.00 and FY2006/2007 account # 01010501-502900 in the amount of $3,618.75 for the attached invoice to The Law Firm of Orsinger & Nardone, 53 High Street, P.O. Box 558, Westerly, RI 02891.

Resolution Authorizing Payment To Leo F. Manfred II, Esq.

Councilor DiMaio abstained from voting on the aforesaid resolution because her brother-in-law, Attorney Paul DiMaio, was opposing counsel in the litigation matter.

06/07-30

WHEREAS, the Town of Westerly has retained the counsel of Leo F. Manfred II, Esq. for litigation matters; and

WHEREAS, Leo F. Manfred II, Esq. has submitted an invoice for professional services rendered for said endeavor in the amount of $593.75; and

WHEREAS, the Town Solicitor has reviewed said billing and found it to be accurate and payable; and

WHEREAS, sums for said payment are available in the appropriate account; now therefore, be it hereby

RESOLVED: That the Westerly Town Council authorizes the Finance Director to pay from FY2006/2007 Professional Services account # 01010501-502900 in the amount of $593.75 for the attached invoice to Leo F Manfred II, Esq., 47 High Street, P.O. Box 1996, Westerly, RI 02891.

Resolution Authorizing Payment To The Law Firm Of Ursillo, Teitz & Ritch, Ltd.

06/07-31

WHEREAS, the Town of Westerly has retained the law firm of Ursillo, Teitz & Ritch, Ltd., Counselors at Law, as counsel for special litigation; and

WHEREAS, Ursillo, Teitz & Ritch, Ltd. has submitted an invoice for professional services rendered for said endeavor in the amount of $962.50; and

WHEREAS, the Town Solicitor has reviewed said billing and found it to be accurate and payable; and

WHEREAS, sums for said payment are available in the appropriate account; now therefore, be it hereby

RESOLVED: That the Westerly Town Council authorizes the Finance Director to pay from FY2005/2006 Water Department account 06015150 502840 in the amount of $962.50 for the attached invoices to the law firm of Ursillo, Teitz & Ritch, Ltd., Counselors at Law, 2 Williams Street, Providence, RI 02903-2918.

Resolution Authorizing Payment To The Law Firm Of Comolli & LaMountain

06/07-32

WHEREAS, the Town of Westerly has retained the law firm of Comolli & LaMountain, Ltd. as counsel for litigation matters; and

WHEREAS, Comolli & LaMountain has submitted an invoice for professional services rendered for said endeavor in the amount of $1,437.50; and

WHEREAS, the Town Solicitor has reviewed said billing and found it to be accurate and payable; and

WHEREAS, sums for said payment are available in the appropriate account; now therefore, be it hereby

RESOLVED: That the Westerly Town Council authorizes the Finance Director to pay from FY2006/2007 Professional Services account # 01010501-502900 in the amount of $1,437.50 for the attached invoice to the law firm of Comolli & LaMountain, Ltd., 15 Franklin Street, Westerly, RI 02891.

Resolution Authorizing Payment To Attorney John Turano

06/07-33

WHEREAS, the Town of Westerly has retained Attorney John J. Turano as counsel for labor matters; and

WHEREAS, Attorney John J. Turano has submitted an invoice for professional services rendered for said endeavor in the amount of $500.00; and

WHEREAS, the Town Solicitor has reviewed said billing and found it to be accurate and payable; and

WHEREAS, sums for said payment are available in the appropriate account; now therefore, be it hereby

RESOLVED: That the Westerly Town Council authorizes the Finance Director to pay from FY2006/2007 Professional Services account # 01010501-502900 in the amount of $500.00 for the attached invoice to Attorney John J. Turano, 7 Iroquois Avenue, Westerly, RI 02891.

Resolution Authorizing Payment To The Watch Hill Business Association, LLC From The FY2006/2007 Budget (Construction of Public Restrooms)

06/07-34

WHEREAS, the Town of Westerly had allocated funds in restricted account 01011801-504011 of the FY2006/2007 budget for use by the Watch Hill Business Association, LLC; and

WHEREAS, the Watch Hill Business Association, LLC is requesting the release of $10,000.00 to help defray some of the construction costs of the public restrooms at Watch Hill; now therefore, be it hereby

NOW THEREFORE, BE IT HEREBY RESOLVED: That the Finance Director be authorized to make payment in the amount of $10,000.00 to Watch Hill Business Association, LLC, P.O. Box 2263, Westerly, RI 02891.

Resolution Authorizing Payment To The Watch Hill Business Association, LLC From The FY2006/2007 Budget (Maintenance of Public Restrooms)

06/07-35

WHEREAS, the Town of Westerly had allocated funds in Subsidies Public Events account 01011308-506690 of the FY2006/2007 budget for use by the Watch Hill Business Association, LLC; and

WHEREAS, the Watch Hill Business Association, LLC is requesting the release of $5,000.00 to help defray some of the maintenance costs for the public restrooms at Watch Hill; now therefore, be it hereby

NOW THEREFORE, BE IT HEREBY RESOLVED: That the Finance Director be authorized to make payment in the amount of $5,000.00 to Watch Hill Business Association, LLC, P.O. Box 2263, Westerly, RI 02891.

Resolution Authorizing The Addition To The Supplemental Tax Rolls

06/07-36

WHEREAS, the TOWN ASSESSOR OF THE TOWN OF WESTERLY, requests the following addition to the Supplemental Tax Rolls per list submitted, and

WHEREAS, The Supplemental Tax Rolls are requested to be changed as follows:

2006 Added RP Tax 32,404.23

2006 Added MV Tax 2,276.06

2006 Added PP Tax 784.85

Total Added Tax $35,465.14

NOW THEREFORE, BE IT RESOLVED: That the Supplemental Tax Rolls be corrected as aforesaid, and be it

FURTHER RESOLVED: That the President of the Town Council be authorized to certify same to the Tax Collector of the Town.

Resolution Authorizing Deletions To The Tax Rolls

06/07-37

WHEREAS, the TOWN ASSESSOR OF THE TOWN OF WESTERLY, requests the following deletions to the Tax Rolls per list submitted, and

WHEREAS, The Tax Rolls are requested to be changed as follows:

1999 MV Tax Roll 369.54

2000 MV Tax Roll 38.84

2000 PP Tax Roll 14.06

2000 Sewer Tax 0.40

2001 PP Tax Roll 13.32

2004 PP Tax Roll 24.46

2005 MV Tax Roll 926.11

2005 RP Tax Roll 26.76

2006 MV Tax Roll 15,935.40

2006 PP Tax Roll 9,597.41

2006 RP Tax Roll 47,297.47

TOTAL $74,243.77

NOW THEREFORE, be it

RESOLVED: That the tax rolls be revised as aforesaid, and be it

FURTHER RESOLVED: that the President of the Town Council be authorized to certify the same to the Tax Collector of the Town.

Resolution Authorizing Corrections To The Water And Sewer Accounts Department Account Receivable

06/07-38

WHEREAS, the Town Manager of the Town of Westerly, requests that the following corrections be made to the Water and Sewer Accounts Receivable; and

WHEREAS, the Superintendent of Utilities approves and requests the following Water and Sewer abatements and/or refunds:

WATER

Warm Shelter	Abatement	$4.97	Account tax exempt
SS# 0310046000

Westerly Area Rest Meals	Abatement	$3.05	Account is tax exempt
SS# 0400266500

Ginger’s Car Wash	Abatement	$4,695.62	Incorrect reading/meter
SS# 0200726100			exchange

Richard Mankus	Abatement	$147.72	Incorrect reading
SS# 0903074600

Clarence Brown	Abatement	$97.26	Account over-estimated
SS# 0905006500

Granite APR Development Corp	Abatement	$190.46	Account incorrectly billed
SS# 0300529500

Michael Duggan SS# 0700587400	Abatement	$54.00	Incorrectly billed for overtime

Jane Perry	Abatement	$205.57	Account over-estimated
SS# 0905034700

Umile Ritacco	Abatement	$419.34	Account over-estimated
SS# 0903009800

Downtown Group	Abatement	$1,648.29	Incorrect reading
SS# 0200018200

Joyce Rankowitz	Abatement	$14.27	Account over-estimated
SS# 0400804400

Jane Perry	Refund	$205.57	Account over-estimated
SS# 0905034700

Umile Ritacco	Refund	$419.34	Account over-estimated
SS# 0903009800

RESOLVED: That the Town Council of the Town of Westerly authorizes the following abatements and/or refunds for the said Water and Sewer charges:

Water Abatement $7,480.55

Water Refund $ 624.91

c. Liaison Reports

1. Council Liaison Reports

a. Emergency Management – Councilor DiMaio reported that Robert Barber volunteered to tape the hurricane preparedness presentation given by Robert Vallee at the Westerly Hospital for the Red Cross and that the presentation will be aired at various times on Cox Communication. She suggested that a certificate of appreciation be given to Mr. Barber for volunteering his services.

b. North End Crime Watch - Councilor Avedesian reported that the North End Crime Watch held its annual picnic last Sunday and it was a success. She further reported that 12 students finished the first North End reading program is completed. She thanked Reverend McClure for use of the Family Life building on Pleasant Street and hoped that the program will continue at this location next year.

c. Westerly Public Library – Councilor Avedesian reported that the summer program at Library will be ending soon and that the satellite programs were very successful.

d. Senior Citizens Center – Councilor Avedesian reported that she will be meeting with a representative from the State and Representative Peter Lewiss on September 5, 2006 to work on improving the meal program. She stated that she and Representative Lewiss are studying ways to achieve a full cooking kitchen at the center.

e. Subcommittee to Study Airport Issues – Councilor Avedesian reported that the Subcommittee held its first meeting; that Councilors Duhamel and DiMaio were in attendance; and that the first meeting was positive and everyone was pleased. She reported that RIAC is due to begin planting in the middle of September and that Senator Algiere was asked to provide the Council with a letter stating exactly when the planting will occur. She stated that RIAC is working on alternatives to the noise issue.

Councilor Duhamel reported that the Subcommittee is looking at zoning restrictions for Winnapaug Hills regarding the cutting of trees and location of lights and the possibility of hiring Attorney John Turano for assistance.

f. Highway Facilities Building Committee – Councilor Duhamel reported that the Planning Board approved the plans for the new highway garage. He noted that it is costing the Town close to $1 million in improvements to locate the garage at the site.

g. Public Works Subcommittee – Councilor Duhamel reported that the Subcommittee has several applications pending on the Winnapaug and Tower Street Tanks. He stated that the Town is trying to remove the old Winnapaug Tank, but it requires DEM approval. He reported that the new water tank is being tested and will be on line at the end of this month.

h. Vision 2020 School Facilities Building Committee – Councilor Duhamel reported that the redesign of the drainage system at the new Middle School has been completed and was funded through the bond.

i. Alternative Energy Committee – Councilor Duhamel reported that there is a local group looking at bio-diesel, which is a means to mix diesel fuel with vegetable oil, and which creates a savings of 15% to 20% of diesel fuel costs. He stated that, hopefully, the group will be allowed to incorporate the idea in Westerly.

2. Appointments

a. Resignations:

1. M’Liss C. Chapman, Comprehensive Plan Citizens Advisory Committee

Motion by Mr. Cooke, Seconded by Mrs. DiMaio, that the aforesaid resignation be accepted with regrets and that the Council Clerk be directed to send a letter of appreciation to Ms. Chapman. (Voted Unanimously)

2. Robert J. Brockmann, Comprehensive Plan Citizens Advisory Committee

Motion by Mr. Cooke, Seconded by Mrs. DiMaio, that the aforesaid resignation be accepted with regrets and that the Council Clerk be directed to send a letter of appreciation to Mr. Brockmann. (Voted Unanimously)

3. A. Vero Morrone, Public Works Subcommittee

4. Chad Souza, Alternate Energy Study Committee

b. Appointments:

1. Harbor Management Commission (Ad Hoc) – (2 Alternates)

Councilor Avedesian nominated Randall Saunders and George A. Gingerella, Jr. as alternate members to the Harbor Management Commission.

Motion made and duly Seconded, that Randall Saunders of 27 Windward Drive and George A. Gingerella, Jr. of 27 Autumn Lane be appointed alternate members to the Harbor Management Commission for an indefinite term. (Voted Unanimously)

2. Alternate Energy Study Committee (Ad Hoc)

Councilor Avedesian nominated James A. Angelo and Jean L. Gagnier for appointment to the Alternate Energy Study Committee.

Motion made and duly Seconded, that James A. Angelo of 20 Rock Ridge Road and Jean L. Gagnier of 6 Narragansett Avenue be appointed to the Alternate Energy Study Committee, each for an indefinite term. (Voted Unanimously)

3. Conservation Commission (2 appointments)

Councilor Avedesian nominated Sarah F. Whalen for appointment to the Conservation Commission.

Motion made and duly Seconded, that Sarah F. Whalen of 32 W. Beach Street be appointed to the Conservation Commission for a three-year term, expiring July 2009. (Voted Unanimously)

c. August Appointments:

1. Board of Assessment Review – Auxiliary Member

Councilor Avedesian requested that the aforesaid appointment be tabled to the September 11, 2006 Regular Meeting.

2. Juvenile Hearing Board (2 appointments)

Councilor Avedesian nominated Gary D. Gervasini for re-appointment to the Juvenile Hearing Board.

Motion made and duly Seconded, that Gary D. Gervasini of 32 North Capalbo Drive be re-appointed to the Juvenile Hearing Board for a three-year term, expiring September 30, 2009. (Voted Unanimously)

Councilor Avedesian nominated Linda L. Prizito for appointment to the Juvenile Hearing Board.

Motion made and duly Seconded, that Linda L. Prizito of 23 Hillview Drive be appointed to the Juvenile Hearing Board for a three-year term, effective October 1, 2006, expiring September 30, 2009. (Voted Unanimously)

3. Planning Board – Full Member

Councilor Avedesian nominated Thomas J. Toscano, Jr. for re-appointment to the Planning Board.

Motion made and duly Seconded, that Thomas J. Toscano, Jr. of 41 Saundra Drive be re-appointed to the Planning Board for a five-year term, expiring August 2011. (Voted Unanimously)

4. Planning Board – Auxiliary Member

Councilor Avedesian nominated Carl R. Blume for re-appointment as Auxiliary Member to the Planning Board.

Motion made and duly Seconded, that Carl R. Blume of 52 Verdi Road be re-appointed Auxiliary Member to the Planning Board for a two-year term, expiring 8/2008. (Voted Unanimously)

5. CITIZENS COMMENTS/COUNCILORS' RESPONSE

When addressing the Council, please state your name and address; please conduct yourself in an orderly and respectful fashion. The comments of citizens accessing this portion of our meeting are neither adopted nor endorsed by this body, but heard as requested.

a. Allison Gittleman, 43 Arlen Way, West Hartford, CT – re: Smoking at Town beaches; sought Council’s support for banning of same

b. Roger M. Hall, 50 Shore Rd – re: Noise complaints at Westerly Airport; neighborhing property owners knew airport existed before homes were built; re: Smoking at Town beaches; smokers still have civil rights; felt that non-smokers or smokers can co-exist in open atmosphere along seven miles of beach

c. Michael Sanders, 10 Wilder Ave – re: Post Road Overlay District (PROD); several neighborhoods fall within the overlay zone on either side of Post Road; several lots now for sale with many commercial uses; would like something in ordinance that excludes neighborhoods along Route 1 from overlay district; expected something from the Council as well as the Planning Department; would like to know which Councilors will support the neighborhoods

Councilor DiMaio stated, for the record, that the neighborhood across the street from Wilder Avenue should also be excluded from the overlay district.

Town Solicitor Hartford noted that Mr. Saunders has challenged the process the Council has used to address the overlay district. He stated that, due to the outstanding challenge, it would the most conservative and prudent approach for the Council would be to wait until a final decision is received from the Attorney General because opinions are usually instructive. He stated that he will report back at the next meeting as to when the Council can expect a decision from the Attorney General.

6. PUBLIC HEARINGS

(Adv. on 7/31, 8/7, and 8/14/06 for this time)

a. 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’” (Wind Turbines)

Recommendation from Planning Board filed 8/16/06 to approve with alternative text

Present: Alternate Energy Study Committee members: Gerard Trottier, Secretary;

Jennell Stevens, Chair; Greg S. Nedwetzky, Vice Chair

William Haase, Town Planner

Town Planner Haase explained that the Planning Board reviewed the aforesaid proposed ordinance and endorsed a number of minor clerical, edifying type phases that have been submitted to the Council for its review. He stated that he proposed a title change to “wind energy systems,” which includes the turbine, the tower and the electronic controls, etc. He stressed that, in both versions, a special use permit would be required from the Zoning Board and would involve a public hearing and legal notice to abutters within 200 feet. He explained that that the initial proposal would permit one turbine for every seven acres; however, there is no reference to industrial zoned property. He stated that he proposed that one tower be permitted on a residentially zoned property without reference to minimum lot size because governing rules elsewhere in the regulation would require the tower be wholly within all of the building setback lines and contained fully within a “fall zone” on the subject property relative to its height. He stated that the committee may have an alternative suggestion to minimum lot sizes or a compromise between what was initially proposed and his recommendation.

Mr. Nedwetzky explained the purpose of the aforesaid ordinance, which is to promote the safe, effective and efficient use of wind energy systems installed to reduce the onsite consumption of utility supplied electricity. He stated that the ordinance would allow for wind energy systems by Special Use Permit in all zoning districts as long as the following requirements, as outlined in the ordinance, are met: (1) site plan; (2) report containing description of tower; (2) restrictions of advertising signage, communication devices and cellular devices; (3) one turbine for each 3 acres of land on commercial, industrial, and government-owned parcels; (4) one turbine per 3 acres of residentially zoned parcels; (5) demolition permit to remove structure within 180 days of its abandonment; (6) maximum height of 85 feet for tower, excluding towers for municipal use; (7) safety guidelines include a 360 degree fall zone and a radius equal to the tower’s height within which no residential structures can be located; (8) compliance with all minimum zoning setback requirements; (9) compliance with Town’s Noise Control Ordinance; (10) certification by the Federal Department of Energy or other recognized Rhode Island certification program; (11) standard drawings of structure must accompany building permit applications and energy analysis demonstrating compliance with International Building Code and National Electrical Code; (12) compliance with FAA regulations; and (13) utility notification with exception of off-grid systems.

Discussion was held regarding wind energy systems for municipal use; concerns with minimum three-acre parcel requirement in residential neighborhoods; concerns with no incentive for property owner to remove tower when use is abandoned; and reservations with residential use.

Participants: William Hunter, 11 Champlin Dr – re: 85-foot radius not sufficient; expressed safety concerns and the need for annual inspections

Motion by Mrs. Avedesian, Seconded by Mrs. DiMaio, that the hearing be closed. (Voted Unanimously)

Motion by Mrs. DiMaio, Seconded by Mr. Cooke, that the following ordinance be adopted with an amendment to Item 12 to include an inspection upon installation and an annual inspection by a qualified mechanical engineer with a report to the Building Official.

Discussion was held regarding the suggested reduction of acreage from the recommended seven acres to three acres.

Motion by Mr. Duhamel, Seconded by Mr. Cooke, that the motion be amended to include a minimum lot size of seven acres for one turbine.

Discussion was held regarding the need for further review of the Planning Board recommendation, the “fall zone,” and the tower height.

Councilor DiMaio withdrew her motion and Councilor Cooke withdrew his Second.

Motion by Mr. Cooke, Seconded by Mrs. DiMaio, that the aforesaid matter be continued to the August 28, 2006 Committee of the Whole/Special Meeting. (Voted Unanimously)

b. 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’” (Unregistered/Uninspected vehicles prohibited in a residential zone)

Recommendation from Planning Board filed 7/19/06 to approve

Letter of Support from Timothy C. Killam, 71 Tower St, filed 8/17/06

The following individuals were present and spoke in opposition to the proposed ordinance: Roger L. Hall, 50 Shore Rd – re: Concerned with property owners being responsible for vehicles located on their rental properties; ordinance should specify owner of vehicle; Stephen A. Sposato, 37 Riverdale Rd – re: Police can locate owner of vehicle through VIN numbers; objects to ordinance as written regarding maximum fines for violation of ordinance and car cover requirement; would like vehicle owner to be solely responsible and, if owner cannot be found, vehicle to be removed in 24 hours; Roger M. Hall, 50 Shore Rd – re: Requested that proposed ordinance be read aloud; concerned that ordinance places burden on landlord; requested Council revise ordinance to remove responsibility from landlord; Walter R. Schwer, 12 Plateau Rd – re: Sought definition of “vehicle” and questioned if boats would be next; a good tarp is better than some car covers; felt 60 days not long enough to repair vehicle; William Hunter, 11 Champlin Dr – re: Place authority with Police to tow and impound vehicle

The following individual was present and spoke in favor of the proposed ordinance: Adrien Pelchat, 95 Pierce St, President, North End Crime Watch – re: Recommended that ordinance take effect in 60 days to allow landlords time consult with tenants

Council President Azzinaro read aloud the proposed ordinance.

Motion by Mrs. Avedesian, Seconded by Mr. Cooke, that the hearing be closed. (Voted Unanimously)

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

TOWN OF WESTERLY

CHAPTER 1578

"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’””

The Town of Westerly hereby ordains:

Section 1. The Zoning Ordinance of the Town of Westerly, Article XI, “Development Standards for Particular Uses,” is hereby amended to add:

§ 260-70.1. Unregistered/Uninspected vehicles prohibited in a residential zone.

No unregistered motor vehicle, automobile, truck, or the like, nor any parts or components of such vehicle, nor any vehicle without a Rhode Island inspection sticker valid within the last 120 days, shall be parked, stored or allowed to stand un-garaged on any residential property within the Town for a period exceeding 60 days.

Notwithstanding the foregoing provision, a property owner shall be permitted to store two (2) unregistered vehicles per residential lot if the vehicle is screened on all four sides, or is completely encapsulated by a car cover and is located on the property in compliance with all zoning district setback requirements that pertain to accessory structures.

A tarp, sheet or other rudimentary cover shall not constitute a legitimate car cover for purposes of this ordinance.

The owner of property where the offending vehicle or part thereof are located, after having been sent a written notice from the Minimum Housing Director or Zoning Enforcement Official, shall be subject to a $25 per day penalty for each unregistered vehicle or uninspected vehicle that is parked or stored on the property for longer than 15 days after the date of the notice.

Written notice will be sent to the mailing address of the property owner as maintained by the Tax Assessor’s Office. The fine in the aggregate shall not exceed $500 for each vehicle or part thereof.

This provision shall not apply to any properly licensed and permitted repair shops, dealers, or junkyards. Registered antique vehicles exempted by State law are also exempt from this ordinance.

Section 2. This Ordinance shall take effect upon passage.

c. Proposed Ordinance – “An Ordinance In Amendment Of Chapter 1001 Of The Ordinances Of The Town Of Westerly, Entitled ‘An Ordinance Adopting And Enacting A New Comprehensive Plan For The Town Of Westerly, Rhode Island, And Establishing The Same; Providing For The Repeal Of Previous Comprehensive Plans And Providing For When Such Plan And This Ordinance Shall Be Effective, As Amended’” (Affordable Housing Plan)

Request from Planning Board filed 8/16/06 to continue public hearing until after Planning Board conducts its public hearing on 8/29/06

Present: Affordable Housing Plan Committee members: Patricia A. Douglas, Chair;

Donna M. Chiaradio; Theresa A. Wright, Vice Chair; Gary S. Murano;

Adrien T. Pelchat, Jr.; Jean L. Gagnier

Mrs. Douglas introduced the members of the Affordable Housing Plan Committee in attendance. She reported that the Committee has been working on the Affordable Housing Plan for approximately two months; that the task given to the Committee is complex; and that the ordinance may require future changes to correct things that do not work. She stated that the complexion of the Town of Westerly has changed radically over the last two years, but not for the better. She stated that the residents have witnessed an explosion of development. She distributed newspaper articles regarding the building boom, its affects on the infrastructure, and a comparison chart showing the number of building permits issued during the second quarter for each of the 39 cities and towns. She reported that, from August 2004 to August 2005, there were 735 units approved for single-family and condominiums combined; however, not one was dedicated as affordable housing. She believed that the Town will never accomplish the goals set by the State, but felt that the Town should certainly try. She noted that the Town wants affordable homes but does not want to burden the people in the community. She stated that the Committee is very concerned about density, because as areas become more congested, a burden is placed on the community, and the required number of affordable homes increases. She further stated that the Town of Westerly is different than all the other communities because it does not have impact fees and, therefore, has become a developer’s dream. She reported that the Committee believes it imperative that the Affordable Housing Plan, adopted by the Town Council on December 6, 2004, be revised. She explained that, because voluntary inclusion has not worked over the past two years, the Committee is recommending mandatory inclusion. She sought Council approval of the ordinance in order to have mandatory inclusionary zoning, which would require developers to allocate a percentage of units as affordable housing. She asked the Council to consider a three-month moratorium on development in order for the Committee to accomplish its assigned task.

The Committee members reiterated Mrs. Douglas’ comments regarding the need for mandatory affordable housing, sought the Council’s support for the ordinance, and urged the Council to impose a moratorium on development.

Participants: Harry Staley, 90 Donizetti Rd – re: Felt that the original affordable housing law was an atrocity; $150,000 home still not affordable; answer to problem remains with the legislature; if town waits much longer, for-profit will be more than 735 units; state laying blame on town; hopes that Westerly and other communities will come together to address this matter with the legislature

Councilor Duhamel suggested that tax incentives be given to landlords so that existing apartments can receive credit as affordable housing and be counted by the State.

Motion by Mr. Duhamel, Seconded by Mr. Cooke, that the hearing be continued to the September 11, 2006 Regular Meeting.

Discussion was held regarding whether the public hearing should be closed or continued to the September 11, 2006 Regular Meeting.

Motion by Mr. Cooke, Seconded by Mr. Castagna, to move motion to continue the public hearing. (So Voted 4 to 3 – Councilors DiMaio, Avedesian, and Buck dissented)

A poll vote was taken on the motion to continue the public hearing to the September 11, 2006 Regular Meeting and the motion was defeated: (Voted 4 to 3 – Councilors Cooke, Castagna and Duhamel dissented)

YES NO

Cooke DiMaio

Castagna Avedesian

Duhamel Buck

Azzinaro

Motion by Mrs. DiMaio, Seconded by Mrs. Avedesian, that the hearing be closed and decision reserved. A poll vote was taken as follows and the motion passed: (So Voted 4 to 2 – Councilors Castagna and Duhamel dissented)

YES NO

Cooke Castagna

DiMaio Duhamel

Avedesian

Azzinaro

d. Proposed Ordinance – “An Ordinance In Amendment Of Article I ‘Dogs And Other Animals’ Of Chapter 76 Of The Westerly Code Of Ordinances Entitled ‘Animals’” (Dog registration fee)

Present: Iona Lyons, Assistant Animal Control Officer

Ms. Lyons reported that 553 residents still have not re-registered their dogs. She stated that she began reminding residents to register their dogs through courtesy visits or telephone calls, which has caused other residents to take on the responsibility of registering their dogs upon hearing of her actions. She stated that, although many residents were upset about the $25.00 late fee, they are quickly registering their dogs. She stated that, last year, the Animal Shelter personnel was allowed to register new dogs and felt that this was an asset to the residents because the shelter is open late evenings and on weekends. She further stated that the shelter would be willing to offer renewal dog licenses as well.

Town Clerk Giordano explained that her office is receiving many complaints from residents regarding the $25 late fee and asked that the Council consider reducing the fine to $10.00. She addressed the suggestion of using the animal shelter as a location to register dogs and felt it would be difficult to keep an account of registrations if there were two separate locations to register dogs.

The following individual was present and spoke in favor of the proposed ordinance: Jean L. Gagnier, 6 Narragansett Ave

No one appeared in opposition.

Motion by Mr. Castagna, Seconded by Ms. Buck, that the hearing be closed. (Voted Unanimously)

Motion by Mr. Castagna, Seconded by Mr. Cooke, that the following ordinance be denied. A poll vote was taken as follows: (So Voted 6 to 1 – Council President Azzinaro dissented)

YES NO

Cooke Azzinaro

DiMaio

Avedesian

Castagna

Buck

e. Proposed Ordinance – “An Ordinance In Amendment Of Chapter 229 Of The Westerly Code Of Ordinances Entitled ‘Taxation’” (Veterans, Gold Star Parents and Visually Impaired Exemptions)

No one appeared in favor or in opposition.

Councilor DiMaio stated, for the record, that her husband is a veteran, but that she can vote on the aforesaid ordinance because it addresses a class of individuals.

Motion by Mr. Castagna, Seconded by Mrs. Avedesian, that the hearing be closed and the following ordinance be adopted: (Voted Unanimously)

TOWN OF WESTERLY

CHAPTER 1579

“AN ORDINANCE IN AMENDMENT OF CHAPTER 229 OF THE WESTERLY CODE OF ORDINANCES ENTITLED ‘TAXATION’”

The Town of Westerly hereby ordains:

Section 1. Pursuant to RIGL Chapter 44-3-4 and Chapter 44-3-5 entitled “Veterans and Gold Star Parents Exemptions,” the Town of Westerly is to provide by ordinance for the exemption from taxation of Qualified Veterans and Gold Star Parents; therefore, the Town Council of the Town of Westerly hereby authorizes the Town Assessor to grant the following tax exemptions:

A) Veterans’ exemptions: The property of each person qualified as provided under Chapter 44-3-4 entitled “Veteran’s Exemption” shall be exempted from taxation to the amount of:

(1) (a) Veteran Exemption $34,000

(b) Widow or Widower of a Veteran Exemption 34,000

(d) Specially Adapted Housing Veteran Exemption 39,000

(2) Prisoners of War 57,000

B) Gold Star Parent Exemption: The property of each person qualified as provided under Chapter 44-3-5 entitled "Gold Star Parent” shall be exempted from taxation to the amount of:

(1) Gold Star Parent Exemption $39,000

Section 2. Pursuant to RIGL Chapter 44-3-12 entitled “Visually Impaired Persons,” the Town of Westerly is to provide by ordinance for the exemption from taxation of Visually Impaired; therefore, the Town Council of the Town of Westerly hereby authorizes the Town Assessor to grant the following tax exemption:

(1) Visually Impaired $24,000

Section 3. Pursuant to RIGL 44-3-60, the Town Council of the Town of Westerly hereby authorizes the Town Assessor to grant to qualified Veterans and Gold Star Parents and Visually Impaired not possessing real estate or personal property, the same monetary savings to their motor vehicle excise tax.

Section 4. This Ordinance shall take effect upon all ratable property and motor vehicle excise tax as assessed December 31, 2005.

11:10 P.M. FIVE-MINUTE RECESS

11:15 P.M. RECONVENED

7. UNFINISHED BUSINESS

(Tabled on February 13, 2006 – 45 days has elapsed from the close of the public hearing without Council action)

Motion by Mrs. Avedesian, Seconded by Mrs. DiMaio, that the aforesaid ordinance be removed from the table and denied. (Voted Unanimously)

8. NEW BUSINESS

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

Present: Vincent Naccarato, Esq., representing neighborhood

Robert Ritacco, Linden Street, resident of neighborhood

Thomas DiPaola, Ph.D., Superintendent of Schools

Town Solicitor Hartford reported that he spoke with an official at the Department of Education who indicated that if the ownership or control of the roadway is given to the Town, it could impact the State reimbursement on that portion of the project, upon review of the reimbursement issue by the Department of Education. He explained that the restriction of closing the road to the public when school is open and becoming a public roadway after school hours creates a dual control. He stated that the adoption of the aforesaid resolution could put the reimbursement in jeopardy; however, it does not change the obligation to comply with what was agreed to by the Planning Board and the neighbors. He explained that the State reimbursement may only be the cost of the construction of the roadway, but that the Town would argue that the School Department is in control of the road during school hours. He noted that the reimbursement, which is 30% of the cost of the bond, is paid over 20 years.

Councilor Duhamel reported that the Planning Board, at its public hearing, voted in agreement with the Vision 2020 Building Committee that the road be relocated, that a bus loop be created, that speed bumps be installed, and that the road be closed between 7:00 a.m. to 4:00 p.m. and become a public roadway when school is closed, but that the ownership of the road be moved. He stated that the Town Council agreed with the Planning Board’s decision. He felt that the aforesaid resolution codified what the Council agreed upon.

Council President Azzinaro stated that the neighbors are concerned that the school would close the road if it remained under its care and custody; however, the Council voted that the School Department would not be able to close the road to the public without coming before the Council.

Attorney Naccarato stated that the acceptance of the relocated portion of Park Avenue into the Westerly road system should have been done immediately after the Planning Board decision. He explained that the neighbors are not seeking to change the Planning Board’s decision, but are trying to implement it by having Park Avenue become part of the Town road system, subject to the right of the School Committee to close the road when school is in session as approved by the Planning Board. He stated that the only implication in adopting the resolution is if the School Committee chooses to close the road for a time period other than what was specified in the Planning Board decision, which would require an ordinance through public hearing. He explained that, even if the State chooses to review this process for reimbursement, the Council cannot negate the Planning Board’s decision. He stated that the reimbursement is based upon the approved Master Plan.

Councilor Castagna stated that, before he votes on the resolution, he would like to receive information, in writing, as to whether or not the State reimbursement would be affected and, if so, the amount.

Dr. DiPaola recommended that the resolution state that the road remain a Town-maintained road open to the public in perpetuity.

Motion by Ms. Buck, Seconded by Mrs. Avedesian, that the following resolution be adopted: (So Voted 5 to 2 – Councilor Castagna and President Azzinaro dissented)

06/07-39

WHEREAS a portion of Park Avenue a town owned public highway was abandoned by a decision of the Town Council on June 14, 2004;

WHEREAS a new portion of Park Avenue was constructed in compliance with Town of Westerly standards and regulations and relocated pursuant to a Development Plan approved by the Town of Westerly Planning Board on February 24, 2004;

WHEREAS the portion of Park Avenue that has been relocated is on land that is already owned by the Town of Westerly obviating the necessity of a deed to the Town; It is therefore hereby

RESOLVED:

That the newly constructed, relocated portion of Park Avenue as it is shown and depicted on the Master Plan and Development Plan approved by the Town of Westerly Planning Board be accepted into the Town highway system forthwith.

b. Resolution Authorizing The Purchase Of An Easement From Joseph P. Toscano, Jr. At 5 Solar Drive ($3,000.00)

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

06/07-40

WHEREAS, Joseph P. Toscano, Jr. of 5 Solar Drive has offered the Town of Westerly an easement over his property for walking students to access the Westerly Middle School site on Locksley Drive; and

WHEREAS, the purchase price for said easement is $3,000.00; and

WHEREAS, the Town Solicitor has reviewed and approved the easement; and

WHEREAS, funds to purchase said easement are available in Restricted Account 01021801-504930 – Land Acquisition; now therefore, be it hereby

RESOLVED: That the Finance Director be authorized to pay the sum of $3,000.00 to Joseph P. Toscano, Jr. of 5 Solar Drive in exchange for a duly executed Easement as hereinafter described to be paid from Restricted Account 01021801-504930 – Land Acquisition.

c. Resolution Authorizing Final Disposition Of Extreme Tan Licensing Appeal

Councilor DiMaio abstained from voting on the aforesaid resolution due to a possible conflict of interest being that the attorney for the business owner is her brother-in-law.

Councilor Castagna recused himself due to a possible conflict of interest being that he is a customer of the business establishment.

Motion by Ms. Buck, Seconded by Mr. Duhamel, that the following resolution be adopted: (So Voted 5 to 0 – Councilor DiMaio abstained; Councilor Castagna recused)

06/07-41

WHEREAS, the Licensing Board found a violation of the retail license for Extreme Tan and imposed a penalty of a 90 day suspension and a $1,000.00 contribution; and

WHEREAS, said decision was appealed to and affirmed by the Westerly Town Council; and

WHEREAS, the license holder appealed the Council decision to the Rhode Island Supreme Court; and

WHEREAS, the Town Council and the license holder have agreed to compromise the final disposition in this matter, recognizing that this involves a disputed claim and may result in protracted litigation; now therefore, be it hereby

RESOLVED: That the Town Council does authorize a final disposition in this matter in accordance with the letter to the Town Solicitor containing the terms of the agreement and attached hereto.

d. Resolution Authorizing Disposition Of The Claim Of Angela Spargo, 17 Hobart Street, Westerly, RI

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

06/07-42

WHEREAS, the aforesaid has made a claim for damages relating to a long term storm water runoff condition; and

WHEREAS, due to the long term nature of the claim and continuing damages it appears that the Town is without viable insurance coverage; and

WHEREAS, this claim has been duly reviewed by the Town Engineer and the Town Solicitor; and

WHEREAS, the Town Solicitor has recommended a compromised settlement in the aforementioned claim and that same would be in the best interest in the Town of Westerly; now therefore, be it hereby

RESOLVED: That the Town Council does authorize a payment in the amount of $25,000.00 to the record property owners of 17 Hobart Street, Westerly, RI provided said property owners execute a full and final release as approved by the Town Solicitor and that said payment be made from the Town’s insurance deductible account 2006/2007, account # 08020802-502950.

9. COMMUNICATIONS & REPORTS

a. Town Council – 8/21/06, 8/7/06

b. Town Manager – 8/21/06, 8/7/06

c. Town Solicitor –

d. Town Clerk – 8/21/06, 8/7/06

The aforesaid Communications & Reports were tabled to the September 11, 2006 Regular Meeting:

e. Committee of the Whole –

1. Liberty Crossings Development in Stonington, CT – Councilor Duhamel stated that the aforesaid development could have an affect on the Town’s aquifer. He reported that he has been in contact with Town Manager Turo and Town Planner Haase regarding his concern that the Town of Stonington follow the Town’s watershed protection requirements. He stated that he would like the Town to have some input on this issue. He suggested that Town Planner Haase meet with Stonington’s Planner and that the Council be provided with a copy of the plans in order to provide comment.

Town Manager Turo reported that Town Planner Haase has met with the Stonington Town Planner and that the Town Engineer has reviewed the plans. He stated that he will provide the Council with a copy of the documents.

2. No Smoking on Town Beaches – Councilor Buck requested that the issue of prohibiting smoking on Town beaches be referred to a workshop for discussion.