REGULAR MEETING

WESTERLY TOWN COUNCIL

COUNCIL CHAMBERS

 

 

 

MONDAY

DECEMBER 11, 2006

7:30 P.M.

 

 

 

 

 

1.   7:30 P.M.  CALL TO ORDER

 

Present:   President DiMaio, Vice Pres. Cooke

                 Councilors Finizio, Duhamel, Avedesian, Azzinaro, Buck

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

                 Co. Clk. Giordano, T. Sgt. Abate

 

INVOCATION – Councilor Duhamel

 

SALUTE TO THE FLAG – Council President DiMaio

 

 

2.   RECOGNITIONS, AWARDS & MEMORIALS

 

Motion made and duly Seconded, to adopt the following resolution, read aloud by Council Clerk:  (Voted Unanimously)

 

        a.     Commendation – Tower Street Elementary School

 

     Audrey Faubert, Principal of Tower Street Elementary School, was present to accept the resolution.

 

SWEARING IN CEREMONY:

 

     Chief of Police Mello introduced Brian S. Ruzzo and gave a brief history of his educational background and his accomplishments.

 

     Town Clerk Giordano administered the oath of office to:

 

Brian S. Ruzzo, Patrol Officer

 

7:35 P.M.  FIFTEEN-MINUTE RECESS

 

7:50 P.M.  RECONVENED

 

 

3.   CONSENT CALENDAR

 

        a.     Approval of Minutes

 

               Special – 11/20/06

               Regular – 11/27/06

 

Motion by Mr. Finizio, Seconded by Miss Buck, that the aforesaid minutes be accepted and approved as printed.  (Voted Unanimously)

 

        b.     Fiscal Matters

 

Motion by Mr. Azzinaro, Seconded by Mr. Cooke, that the following resolutions be adopted:  (Voted Unanimously)

 

Resolution Authorizing The Addition To The Pro-Rated Tax Roll

 

06/07-92

 

     WHEREAS, the TOWN ASSESSOR OF THE TOWN OF WESTERLY, requests the following addition to the Pro-Rated Tax Roll per list submitted, and

 

     WHEREAS, the Pro-Rated Tax Roll is requested to be changed as follows:

 

2006 Town Increase     1520.86

 

     NOW THERFORE, BE IT RESOLVED:  That the Pro-Rated Tax Roll 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 The Addition to The Supplemental Tax Rolls

 

06/07-93

 

     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 PP Tax          427.15

 

                                                                   Total     Added Tax            $427.15

 

     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 Deletion To Tax Rolls

 

06/07-94

 

     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

 

341.13

2000 MV Tax Roll

 

112.66

2001 MV Tax Roll

 

3.15

2006 MV Tax Roll

 

693.42

2006 PP Tax Roll

 

66.87

2006 Prorated

 

4,706.27

TOTAL                       

 

5,923.50

 

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 The Waiver Of Penalty For Late Payment Of Taxes

 

06/07-95

 

     WHEREAS, in accordance with R.I.G.L. 44-5-8.1, the following taxpayers have requested a waiver for the late payment of taxes:

 

                                                                                           Interest

Waiver only:  12/11/2006

Account

Town

Sewer

Year

Abbott, Christopher J.

01-0037-00

60.15

 

2006

Albert, Phillip C.

01-0379-00

138.63

 

2006

Ferando, Michael A.

06-0475-00

41.67

 

2006

Perkins, Albert E.

16-1210-00

116.01

 

2006

                                                                                                                Town: $356.46     Sewer: $ 0.00

                                                                                                                                                Total:  $356.46

 

     WHEREAS, the Tax Collector has verified the taxpayer has not been late within the past (5) years; and is in accordance with the R.I.G.L. 44-5-8.1 and

 

     WHEREAS, the Tax Collector has determined that the taxpayers are entitled to a waiver and/or refund for penalty incurred for late payment of taxes.

 

THEREFORE BE IT RESOLVED:

 

That the Tax Collector be authorized to waive the penalty for late taxes as provided by the Tax Resolution and the Finance Director is authorized to refund penalties where applicable.

 

 

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

 

06/07-96

 

     WHEREAS, the Town Manager of the Town of Westerly, requests the following corrections to 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, and

 

     WHEREAS, the following changes be made:

 

WATER

 

Watch Hill Inn

SS# 0806005900

Abatement

$ 3,176.10

Computer error; account billed with incorrect usage

 

 

 

 

 

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

 

Water Abatement      $ 3,176.10

 

 

Resolution Authorizing Payment To The Law Firm Of Comolli & LaMountain, Ltd.

 

06/07-97

 

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

 

     WHEREAS, Comolli & LaMountain has submitted invoices for professional services rendered for said endeavors in the amount of $771.25; and

 

     WHEREAS, the Town Solicitor has reviewed said billing and found it to be accurate and in order for payment; 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 FY 2006/2007 Professional Services account # 01010501-502900 in the amount of $771.25 for the attached invoices to the law firm of Comolli & LaMountain, Ltd., 15 Franklin Street, Westerly, RI 02891.

 

 

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

 

06/07-98

 

     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 endeavors in the amount of $193.67; 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 FY 2006/2007 Professional Services account 01010501-502900 in the amount of $193.67 for the attached invoice to the law firm of Ursillo, Teitz & Ritch, Ltd, Counsellors at Law, 2 Williams Street, Providence, RI 02903.

 

 

Resolution Authorizing Payment To The Westerly Senior Citizens Center From The FY2006/2007 Budget

 

06/07-99

 

     WHEREAS, the Town of Westerly has allocated funds in Subsidies Community Service Account 01011305 506501 of the FY2006/2007 budget for use by the Westerly Senior Citizens Center for special meals for senior citizens; and

 

     WHEREAS, Westbay Foodservice of 27 Pilgrim Parkway, Warwick, RI 02888 has submitted the attached invoice in the amount of $316.00 for special meals served at the Senior Citizens Center during the months of September and October 2006; now therefore, be it hereby

 

     RESOLVED:  That the Finance Director be authorized to make payment in the amount of $316.00 to Westbay Foodservice of 27 Pilgrim Parkway, Warwick,RI 02888.

 

 

Resolution Authorizing The Adjustment Of 1976 Sewer Assessment

 

06/07-100

 

     WHEREAS, the Tax Collector’s Office carried a 1976 assessment receivable and one apportionment bill process and paid in error.  The office in good faith recognizes the error and requests the following adjustment. 

 

Adjustment/Abatement:

 

Name

Account

Sewer Assessment

Robert & Maryann Burns

SA-7601-00

$2,977.50

 

     WHEREAS, the Town Council, has determined that the taxpayer is entitled to a adjustment and a refund of an apportionment payment collected in error,

 

THEREFORE BE IT RESOLVED:

 

That the Tax Collector be authorized to adjust the accounts and refund $215.87 where applicable.

 

        c.     Liaison Reports

 

1.         Council Liaison Reports

 

1.     Sign Ordinance Study Committee – Councilor Buck reported that the committee met last Thursday and should be prepared to bring an ordinance forward shortly.

 

2.     Boogie Woogie Café – Councilor Azzinaro announced that the café would be open tomorrow from 8:30 a.m. to 10:30 a.m. at the Westerly Middle School.

 

3.     North End Crime Watch – Councilor Avedesian informed the Council that the North End Crime Watch is preparing to deliver food baskets to the needy and that names of anyone in need can be left with the Crime Watch Office.  She noted that coats and toys for tots are also being collected.

 

                       4.     Intersection of Canal Street and Industrial Drive - Councilor Cooke informed the Council that he attended a meeting last Thursday at the Pleasant Street Baptist Church, noting that URI students came up with good ideas for all of Canal Street, especially the intersection of Canal Street and Industrial Drive.  He requested that the Assistant Town Planner place those ideas on the next Council workshop and stated that grant money might be available through Community Development Block Grants.

 

5.     Public Works Subcommittee – Councilor Duhamel reported that bids were received for the Misquamicut drain and that the subcommittee hoped that it would be a phasing project within the budget.  He also reported that he attended a meeting with RIDOT regarding the creation of new intersections on Route 1 and buffering same with vegetation. 

 

6.     West Street Bridge – Councilor Duhamel reported that RIDOT would be working with the town to review alternatives to rebuilding the bridge.

 

7.     New Well Exploration – Councilor Duhamel informed the Council that he met with the Utilities Superintendent to review the application for a new well in Bradford. 

 

8.     Winnapaug Tank – Councilor Duhamel stated that the removal of the old Winnapaug tank was a great undertaking and requested that a commendation be given to the Utilities Superintendent for coordinating such a task. 

 

9.     Recycling Center – Councilor Duhamel commended the Public Works Superintendent for the recycling area built by his staff.

 

10.   Police Reserves/Public Safety – Councilor Finizio reported that, as a new liaison to Public Safety, he toured of the current and future police facilities and stated that he is looking forward to working with the Town Manager, Chief of Staff and Police Chief.  He also thanked Senator Algiere for attending the tour of the police station.

 

11.   Council Liaisons – Councilor Cooke requested that letters be sent to the several boards and committees notifying them of the liaison appointments.   

 

             Council President DiMaio requested that liaisons notify the Town Clerk of dates and times of meetings.

 

               2.     Appointments:

 

a.     Resignations:

1.     Richard D. Comolli, Comprehensive Plan Citizens Advisory Committee

 

Motion by Mr. Cooke, Seconded by Mr. Azzinaro, that the aforesaid resignation be accepted with regret and that the Council Clerk send a letter of appreciation to Mr. Comolli.  (Voted Unanimously)

 

2.     David W. Gervasini, Comprehensive Plan Citizens Advisory Committee

 

Motion by Mr. Cooke, Seconded by Mr. Azzinaro, that the aforesaid resignation be accepted with regret and that the Council Clerk send a letter of appreciation to Mr. Gervasini.  (Voted Unanimously)

 

3.     Roy W. Richards, Planning Board

 

Motion by Mr. Cooke, Seconded by Mr. Azzinaro, that the aforesaid resignation be accepted with regret and that the Council Clerk send a letter of appreciation to Mr. Richards.  (Voted Unanimously)

 

4.     Teresa Tripp, Conservation Commission

 

Motion by Mr. Cooke, Seconded by Mr. Duhamel, that the aforesaid resignation be accepted with regret and that the Council Clerk send a letter of appreciation to Ms. Tripp.  (Voted Unanimously)

 

b.     Appointments:

1.     Municipal Court Judge (Discussion)

 

     Councilor Avedesian noted that several applications have been received for said appointment.

 

Motion by Mr. Finizio, Seconded by Mr. Cooke, that the applicants be interviewed at an Executive Session on December 18th prior to the scheduled workshop.  A poll vote was taken as follows and the motion carried:  (So Voted 4 to 3) 

 

                                                YES                                         NO

 

                                             Finizio                                      Avedesian

                                             Cooke                                      Azzinaro

                                             Duhamel                                 Buck

                                             DiMaio

 

2.     Conservation Commission

 

     Councilor Avedesian nominated Joel F. Plessala for appointment to the Conservation Commission.

 

A vote was taken on the nomination of Joel F. Plessala of 127 Ashaway Road, for appointment to the Conservation Commission for a three-year term, expiring July 2009.  (Voted Unanimously)

 

     Councilor Avedesian nominated Greg S. Nedwetzky for appointment to the Conservation Commission.

 

A vote was taken on the nomination of Greg S. Nedwetzky of 39 Tum-A-Lum Circle, for appointment as auxiliary member to the Conservation Commission to fill the unexpired term of Teresa K. Tripp, term expiring July 2007.  (Voted Unanimously)

 

c.     November Appointments:

1.     Board of Tenants Affairs

 

     Councilor Duhamel informed the Council that this is not an active committee.

 

Motion by Mr. Azzinaro, Seconded by Miss Buck, to table the aforesaid appointment.  (Voted Unanimously)

 

Motion made and duly Seconded that the following appointments be made for a two-year term, expiring November 2008.  (So Voted)

 

2.     Board of Review – Minimum Standards for Non-Residential Premises

 

Council President Mary Jane DiMaio

Council Vice President Caswell Cooke, Jr.       

Councilor Diana Avedesian        

Councilor Samuel A. Azzinaro

Councilor Michelle A. Buck

Councilor Christopher A. Duhamel        

Councilor Daryl J. Finizio

 

3.     Deputy Town Sergeants

                                            William D. Greene, Jr., 23 South Joseph Street,

                                            Patrick A. Falcone, Jr., 10 Branberry Drive

                                            Michael Sposato, 7 Midland Road

                                            Francesco Ritacco, 52 Margin Street

                                            Robert A. Peacock, 15 Robin Hollow Lane  

 

             Councilor Finizio abstained due to a possible conflict of interest being that he is related to Mr. Greene.

 

4.     Coastal Resources Management Council (Alternate Member)

 

                                Dana Horton, 11 Lakeside Drive (1 year term)

 

5.     Commissioner of Wrecks

                                                                                                                                               

                                Edward A. Mello, Chief of Police, 8 Autumn Lane

 

6.         Corders of Wood

 

                                Nunzio Vocatura, Jr., 14 Hollis Street

                                Philip R. Stillman, Jr., 66 East Avenue

 

                               Councilor Avedesian abstained due to a possible conflict of interest being that she is related to Mr. Stillman.

 

7.         Field Driver

 

                                Frank A. Panciera, 9 Noyes Neck Road

                                Adrian T. Pelchat, Jr., 95 Pierce Street

 

8.         Keeper of the Clock

 

                                      Christopher DiPaola, 167 Dunns Corners Road

 

9.     Packer of Fish

 

                                Antonio Spino, 47 Happy Valley Road

 

10.     Superintendent of Hacks

 

                                Joseph T. Turo, Town Manager

 

11.   Surveyors of Land

 

                                Samuel J. Antoch, 3 Gallup Street

                                Raymond F. Cherenzia, 110 Watch Hill Road

                                Joseph P. Toscano, Jr., 5 Solar Drive

 

12.   Surveyors of Lumber

 

                                Angelo J. Pellegrino, 25 Clark Street

                                Alexander F. Lupica, 4 Seaview Avenue

 

13.     Weigher of Coal & Other Merchandise

 

                                Walter C. Dugas, 5 Benefit Street

                                Eugene J. Fiore, 12 Ashel Street

 

           Councilor Avedesian abstained due to a possible conflict of interest being that she is related to Mr. Fiore.

 

14.     Civil Defense

 

              Town Council of Defense

Council President Mary Jane DiMaio

Council Vice President Caswell Cooke, Jr.       

Councilor Diana Avedesian        

Councilor Samuel A. Azzinaro

Councilor Michelle A. Buck

Councilor Christopher A. Duhamel        

     Councilor Daryl J. Finizio

 

Director of Civil Defense

Peter J. Kaschuluk, 18 Argyle Drive

                                                                                                               

                                                          First Deputy

James L. Steadman, 115 East Avenue

 

                                                          Second Deputy

                                           Thomas J. Gulluscio, Jr., 6 Evergreen Lane

 

       Staff Members:

 

Training Officer

Michael T. Brancato,15 Holly Drive

 

Shelter Coordinator

Armando Azzinaro, 2 Arrow Drive

 

Assistant Shelter Coordinators

Stephen Kitchen, 24 Clark Street

 

Radiological Defense Director

James L. Steadman, 115 East Avenue

 

Assistant Radiological Defense Director

Edward A. Mello, Chief of Police, 8 Autumn Lane

 

Police Service Officer

Edward A. Mello, Chief of Police, 8 Autumn Lane

 

Fire Service Officer

David A. Sayles, Westerly Fire Chief, 51 Cross Street

 

Light Rescue Coordinator

                                            Comm. Of Westerly Ambulance Corps

Michael T. Brancato, 15 Holly Drive

 

Communication Officer

James L. Steadman, 115 East Avenue

 

Assistant Communication Officer

    (Recommended by Director)

William Gibney, 91 Tomaquag Valley Rd, Bradford, RI  02808

 

Warning Officer - Dunn's Corners Fire Chief

Michael Frink, 96 South Woody Hill Rd

 

Operations & Planning Officer

Peter A. Chiaradio, Public Works Superintendent

25 Robin Hollow Lane

 

Public Works & Heavy Rescue Officer

Peter A. Chiaradio, Public Works Superintendent

25 Robin Hollow Lane

 

School Coordinator

Thomas P. DiPaola, Ph.D., School Superintendent

15 Highland Avenue

      

Public Information Coordinator

Robert A. Peacock, 15 Robin Hollow Lane

 

Disaster Coordinator

Peter J. Kaschuluk, 18 Argyle Drive

 

Welfare Coordinator

Joseph T. Turo, Town Manager 

 

Health Coordinator

     (Recommended by Director)

Tobias M. Goodman, M.D., 69 Noyes Neck Road

 

Legal Officer

Steven T. Hartford, Esq., 96 Bradford Road, B

 

Director Of Public Safety

Joseph T. Turo, Town Manager

    

Deputy:  Sharon E. Ahern

                     196 East Ave

 

16.   Overview Committee for Schools

Thomas L. Quattromani, 19 Hiscox Road

 

d.     December Appointments:

1.     Board of Assessment Review

 

     Councilor Avedesian nominated Marilyn L. Sciarillo for appointment to the Board of Assessment Review.

 

A vote was taken on the nomination of Marilyn L. Sciarillo of 14 Fusaro Avenue for re-appointment to the Board of Assessment Review for a three-year term, expiring December 2009.   (Voted Unanimously)

 

2.     Director of Soldiers’ & Sailors’ Graves

 

    Councilor Avedesian nominated James G. Mackay for appointment to the Director of Soldiers’ & Sailors’ Graves.

 

A vote was taken on the nomination of James G. Mackay of 77A White Rock Road for re-appointment as Director of Soldiers’ & Sailors’ Graves for a two-year term, expiring December 2008.  (Voted Unanimously)

 

3.     Municipal Land Trust

 

     Councilor Avedesian nominated Gail E. Mallard for appointment to the Municipal Land Trust.

 

A vote was taken on the nomination of Gail E. Mallard of 2 Schumann Road for re-appointment to the Municipal Land Trust for a five-year term, expiring December 2011.  (Voted Unanimously)

 

 

4.   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.         Michael E. Johnson, Sr., 379 Liberty St, Pawcatuck, CT – re: Petition regarding road conditions; requested sidewalks, painted street lines, bushes cut, and removal of unregistered cars throughout White Rock; recreation field too close to Route 78; White Rock Inn should be condemned; Cherenzia’s property

 

      Council President DiMaio referred the aforesaid matter to the Town Manager for discussion with the Chief of Police and to the Public Works Subcommittee.

 

b.         Sean Doyle, 75 Potter Hill Rd – re: Potter Hill Mill; zoning of mill; conceptual plans presented at Planning Board meeting; addressed zoning ordinance; requested that mill owner be asked to follow proper steps to seek zoning change before proceeding with plans; owner has not met deadlines; would like details of onsite inspection if one has been performed; read letter written by his father-in-law

 

     Town Solicitor Hartford reported that the town is trying to deal with an unsafe structure on the property and, in order to rectify the problem, the town will have to remove the structure and leave the land barren.  He stated that the town does not have control over development since the property is privately owned; that Mr. Carapezza has met some deadlines; that there was an inspection on the property last week; and that Mr. Carapezza has asked to be heard at the next workshop.   He further stated that there would be public hearings on any proposal with proper notice sent to neighbors giving them an opportunity to be heard on the plans and that there is currently no environmental inspection report; however, he hoped to receive same by next week.

 

c.         Barclay Robertson, 18 Urso Dr. – re: booklets of taxes and ordinances from 1800’s

 

d.         Paula Ruisi, 3 Shepherds Run – re: public forum; Comprehensive Plan made public presentation; trying to develop awareness; appropriated $80,000 for process; may be a forum to bring in Ann Breen from the RI Heritage Commission

 

     Town Manager Turo stated that he would discuss the aforesaid matter with the Town Solicitor and recommended that the Comprehensive Plan Committee make a request to the Council to spend those funds on a consultant.

 

 

5.   PUBLIC HEARINGS

 

        NONE

 

 

6.   UNFINISHED BUSINESS

 

        NONE

 

 

7.   NEW BUSINESS

 

a.     Approval Of Agenda Format For Regular & Committee of the Whole/Special Meetings

 

Motion by Mrs. Avedesian, Seconded by Mr. Azzinaro, that the agenda format for Regular and Committee of the Whole/Special Meetings be approved.  (Voted Unanimously)

 

b.     Rules Of Procedure To Govern 2006-2008 Town Council

 

Motion by Mrs. Avedesian, Seconded by Miss Buck, that the following 2006-2008 Rules of Procedure be adopted:  (So Voted 6 to 1 – Councilor Finizio dissented)

 

RULES OF PROCEDURE TO GOVERN 2006-2008 TOWN COUNCIL

 

WESTERLY, RHODE ISLAND

 

Rule 1             Incorporation of Charter Provisions

 

All requirements of the Charter with respect to the proceedings of the Council are to be strictly followed and no rules shall ever be adopted by the Council which shall be in conflict with any Charter requirement respecting such proceedings.

 

Rule 2             Duties of the President and Responsibilities and Temporary Vacancy of Position

 

(a)                                       The Chairperson having the title of President shall preside at all meetings of the Council and, at the stated hour upon the appearance of a quorum, shall call the Councilors to order.

 

(b)                                       In the absence of a quorum the President shall declare the meetings adjourned to a future date.

 

In the absence of the President, the Vice President (who shall be Chairperson during the absence of the President) shall call the Councilors to order.  In the event that both the President and Vice President are absent the appointments liaison shall be President pro tem for that meeting only.

 

In the absence of the President and all other Councilors, the Town Clerk shall declare the meeting adjourned to a future date and make such record in the Journal of the Council.

 

(c)                    It shall be the duty of the President to preserve order and require procedure in accordance with the rules, to recognize and grant the floor to Councilors wishing to speak, and declare all votes.

 

                        When a voice vote is not unanimous, the vote of each member shall be recorded.  If any doubt exists, the Town Clerk shall so state and a roll call vote shall be held. 

 

                        In the event a Council member recuses himself/herself on a particular matter, that Councilor need not leave the room or his/his seat provided the Council is conducting an open meeting but must state his/her reason for recusing.  However, if the Council is in Executive Session, then a Council member upon recusing for a particular matter must leave the room while that matter is under consideration.

 

(d)                    The President may speak on and shall decide questions of order, subject to appeal to the Council by motion regularly seconded.

 

                        Such appeals to the Council upon questions of order shall have precedence and be debatable and no other business shall be in order until the question appealed shall have been decided.

 

(e)                    “Robert’s Rules of Order” as amended or revised shall govern questions of order and procedure in cases not provided for in these rules.

 

(f)                     The President shall have the right to appoint himself a member of any Committee and shall be a voting member ex-officio of all committees.

 

(g)                    Council business requiring Committee review shall be referred to the Committee of the Whole by the President at each regular meeting and between sessions of Council, if necessary.

 

Rule 3             Order of Business and Agenda

 

(a)                                       The regular order of business shall be as follows, unless altered by vote of the Council:

 

  (1)   Roll Call, Prayer, Salute to the Flag

  (2)   Recognitions, Awards and Memorials

  (3)   Consent Calendar –

a.      Approval of Minutes

b.      Fiscal Matters

c.   Appointments

  (4)   Citizens Comments/Councilors’ Response

          (Any Councilor may respond to an individual citizen’s comments,

            but only after that citizen has concluded his/her comments.)

  (5)   Public Hearings

  (6)   Unfinished Business

  (7)   New Business

  (8)   Communications & Reports

a.   Liaison Reports

b.   Town Council

c.   Town Manager

d.   Town Solicitor

e.   Town Clerk

f.    Committee of the Whole

  (9)   Citizens Comments/Councilors’ Response

(Any Councilor may respond to an individual citizen’s comments,

   but only after that citizen has concluded his/her comments.)

(10)   Adjournment

 

(b)                                       Agenda:  Only items reviewed by the Committee of the Whole shall appear on the agenda.  Action on any other items shall require suspension of the rules in accordance with Rule 11 (b).

 

(c)                                       All matters which members of the public wish to have placed on the Council agenda for a regular Council meeting must be submitted to the Town Clerk by 4:00 p.m. on the Thursday preceding the regular Council session.  NOTE:  This does not preclude the council voting to add items to the agenda for informational purposes only or to refer them to an appropriate committee.

 

Rule 4             Rules of Order:  Motions

 

(a)                                       Motions shall be reduced to writing when not understood by the members of the Council, Town Solicitor, or the Town Clerk.

 

(b)                                       Any motion or questions under debate which consists of two or more independent propositions shall be divided if so directed by the President or if requested by any Councilor.

 

Rule 5             Rules of Order:  Precedence

 

  1.   Fix the time to which to adjourn

  2.   Adjourn

  3.   Recess

  4.   Raise a question of privilege

  5.   Call for the orders of the day

  6.   Lay on the table

  7.   Previous question

  8.   Limit or extend limits of debate

  9.   Postpone to a certain time (definitely)

10.   Commit (Refer to a committee)

11.   Amend

12.   Postpone indefinitely

13.   Main motion

 

Rule 6             Rules of Order:  Conduct of Debate

 

(a)                                       Councilors shall confine their remarks in debate to the pending question.

 

(b)                                       Councilors shall not speak more than once upon any question until other members who wish to speak shall have relinquished the floor.

 

(c)                                       Councilors shall address the Chair and be recognized before obtaining the floor to speak or to address any other Councilor, non-Councilor or citizen

 

(d)                                       No Councilor shall address the chair or demand the floor while any vote is being taken except for a point of order.

 

(e)                                       The Council may, by majority vote of those present, limit remarks of all Councilors to a reasonable length of time in debating a particular subject.

 

(f)                                         Procedure for Executive Sessions shall follow Chapter 42-46-5 of the Rhode Island Open Meetings Law.

 

Rule 7             Liaisons

 

(a)                                       There shall be the following Liaison Representatives of this Council:  (Council members who are liaisons to municipal or community organizations and boards shall not be a voting member of those boards unless specifically authorized by the Town Council.)

 

911 Event

Appointments

Basic Needs Network

Beach Commissioner

Beach Property Study Committee

Blues on the Beach

Bradford Citizens Group

Chamber of Commerce

Communications (Cox, WBLQ, Sound System)

Community Center

Community Development Block Grants (CDBG)

Double Poles

Economic Development Commission

Health, Welfare and Recreation

Negotiations

North End Crime Watch & Community Development Committee/White Rock

Permanent Neighbor Day Committee

Police Reserves/Public Safety

Public Works Subcommittee

Senior Citizens

Vision 2020 School Building Committee

Washington County Regional Planning Council

Westerly Armory Restoration (WAR)

Westerly Independent Families Endowment

Westerly-Pawcatuck Joint Development Task Force

Westerly Public Library – Member of Board Trustees

W.I.S.S.P

 

(b)                                       The President shall appoint members of the Council to such posts.

 

Rule 8             Committee and Council Operations

 

The Town Council adds the following requirements for agenda items for workshops or regular meetings as follows, per requirements of the Open Meetings Law:

 

1.                                          Emergency meetings may be held with an affirmative vote of the majority of the members of the Town Council when said meetings are deemed necessary when the public welfare so requires.

 

2.                     The Committee of the Whole shall consider matters referred to it by the President and Town Manager and any matters not requiring further review or not otherwise requiring action at a later meeting may be acted upon by the Council at a Special Town Council meeting held concurrently with the Committee of the Whole for that purpose.  Items to be placed on the workshop agenda shall be in writing and shall be presented to the Clerk no later than 1:00 p.m. on Thursday prior to the workshop.  Town Council members will be e-mailed the workshop agendas after 1:00 p.m. on Thursday prior to the workshop.  Councilors may request changes to the workshop agenda, through the Council President and subject to his approval, no later than 4:00 p.m. on Thursday prior to the workshop.  Town Council members will be e-mailed the regular meeting agendas after 1:00 p.m. on Thursday prior to the meeting.

 

3.                     Committee of the Whole reports shall contain the date and place of meeting, the names of members present, and the fact that a quorum was or was not present, and a record of any votes taken.  A summary of discussion will also be included.

 

4.                     The Committee of the Whole will cause to be submitted resolutions or ordinances when necessary to carry out their recommendations.

 

5.                     Only resolutions or ordinances, the substance of which has been considered favorably by the Committee of the Whole, shall be reported to the Council for action.

 

6.                     Any subject matter which will result in a proposed ordinance shall, upon such determination, be referred to the Committee of the Whole.

 

7.                     Any matter which is tabled by the Council at a Regular Meeting and which is not assigned to a specific subsequent meeting will not appear on a subsequent agenda unless first assigned by the Committee of the Whole or the Council President.  Such matters will be placed on the Council Action Items Report.

 

Rule 9             Clerk of the Council

 

(a)                                       The Clerk of the Council shall be the custodian of all the papers, correspondence and records of the Council and shall keep the Journal of its proceedings, which shall record votes passed by the Council and reasons for said vote if any.  All other details of said proceedings shall be available only on the tape record of the meeting, which shall be noted by the Clerk on all minutes.

 

(b)                                       In the event the Clerk or Deputy Clerk is not present at the time the President calls a meeting to order, the President shall appoint a Clerk Pro Tem to keep the minutes of the meeting and to file same in the office of the Town Clerk.

 

Rule 10           Citizens Comments

 

(a)                                       The regular order of business may provide for persons wishing to be heard.  A citizen’s call may be presented orally or in writing.  All presentations by citizens under this rule shall be limited to a reasonable length of time unless otherwise indicated by a majority vote of the Council.

 

(b)                                       In order to provide time for all members of the public to be heard on matters under consideration, the public should keep its remarks to a reasonable length of time.

 

(c)                                       All citizen’s inquiries, questions and petitions shall be acknowledged by the President, or Councilors through the President, or by the administration in their behalf.

 

(d)                    When addressing the Council, citizens should state their name and address and should conduct themselves in an orderly and respectful fashion.

 

(e)                    If any member of the Council seeks the floor to respond to any comment made by a citizen during the meeting, and is so recognized by the Chair, the agenda will be deemed to be amended by unanimous consent.  The amendment will be for informational/discussion purposes only on that item or items raised by the citizen and the clerk shall so note.  If an objection is raised by another member, a motion and majority vote shall be required to amend the agenda.

 

Rule 11           Changes to the Rules of Council

 

(a)                                       The rules of the Council, excepting Rule 1, may be altered or extended or repealed by a majority vote of all of the Councilors at any meeting of the Council, provided descriptive notice of the proposed changes shall have been given in writing at a preceding Committee of the Whole Workshop/Special meeting or Regular meeting.

 

(b)                                       Any single rule may be suspended for the proceedings of any meeting of the Council upon majority vote of the Councilors present, which vote shall specifically refer to the rule which is to be suspended and state for what purpose the rule is to be suspended.

 

Rule 12           Meetings of the Council

 

(a)                                       Committee of the Whole Workshop/Special meetings of the Council shall be held at 7:30 p.m. on the first and third Mondays of each month, or at such other time determined by a vote of this Council.  There shall be an 11:00 p.m. curfew which may be lifted by a majority vote of the Council if an item warrants continued discussion.

 

(b)                                       Regular meetings of the Council shall be held at 7:30 p.m. on the second and fourth Mondays of each month, or at such other time as determined by a vote of this Council.  There shall be an 11:00 p.m. curfew which may be lifted by a majority vote of the Council if an item warrants continued discussion.

 

(c)                                       Emergency or Special Meetings of the Town Council may be called by the President.  Emergency or Special Meetings of the Town Council shall be called by the Town Clerk at the written request of four (4) Council Members.

 

Rule 13           Public Hearings/General

 

(a)                                       The Council will conduct public hearings to consider the following matters:

 

1)         Zone Change Applications

2)         Proposed Ordinances

3)         General Information Hearings

4)         Others

 

(b)                    Members of the public who wish to address the Council at a public hearing, may notify the Council by signing a sheet which will be available at the Town Clerk’s Office until 4:00 p.m. on the day of the hearing and outside of the Council Chambers just prior to the Council meeting.

 

(c)                    The application of these rules to public hearings shall supersede any other rule or rules pertaining to public participation.

 

(d)                    Public hearings are held for the primary purpose of allowing the public an opportunity to hear relevant information, as it is presented to the Council, in an open forum.  Such information is presented in order to facilitate the decision making process.

 

Members of the public will be given the opportunity to address the Council as to their support for or opposition to the proposition before the Council.  In the interest of completing all agenda items within the time permitted by curfew, hearing participants shall be required to prepare their remarks in such a way as to conform with the time allowances prescribed by these rules.

 

Rule 14           Zone Change Applications

 

(a)                    Opening Statement:  The applicant or his representative will be allowed fifteen (15) minutes to present an opening statement.

 

(b)                    The applicant may then present witnesses.  Following direct examination of each witness presented by the applicant, the witness may be cross-examined by members of the Council, the Manager and the Solicitor.

 

(c)                    At the conclusion of the applicant’s presentation, members of the public shall be permitted a reasonable length of time to speak in support of or in opposition to the application.

 

(d)                    Pursuant to the public comment period, the Solicitor shall make recommendations to the chair as to whether the speaker’s comments are relevant.  Comments which, in the opinion of the Solicitor, are not relevant to the matter at hand, shall not be permitted.

 

(e)                    Council members may question the applicant or the speakers at any time during the proceedings.

 

(f)                     Closing arguments by the applicant shall be limited to fifteen (15) minutes at which time the applicant may rebut and/or respond to comments and/or questions made by members of the public.

 

(g)                    At the request of the applicant or his representative, the Solicitor shall advise the Council of the weight to be given to evidence presented by members of the public.

 

(h)                    Decisions will be made within 45 days after the date of completion of the public hearing.

 

Rule 15           Proposed Ordinances

 

(a)                    The Manager, Solicitor, Town Clerk, and/or proposing Councilor shall briefly summarize the proposed ordinance and its effects.

 

(b)                    Members of the public who have notified the Council of their intention to speak may speak either in support of or in opposition to the ordinance, but said comments shall be limited to a reasonable length of time.

 

(c)                    The Council will then deliberate over the proposal, pursuant to Rule 6.

 

Rule 16           General Informational Hearings

 

(a)                                       At the determination of the Council, general informational hearings will be held from time to time to present proposed municipal initiatives and/or to clarify municipal undertakings.

 

(b)                                       The Manager and/or his/her delegate(s) will be permitted a reasonable length of time to present supporting information to the public. 

 

(c)                                       At the conclusion of the proponents presentation, members of the public may address the Council for a reasonable length of time and may speak in support of or in opposition to the proposal.

 

Rule 17           Others

 

(a)                    Opening Statement:  The applicant will be permitted a reasonable length of time to present an opening statement.

 

(b)                    Following the opening statement, members of the Council, the Manager and the Solicitor may question the applicant.

 

(c)                    Members of the public who have notified the Council of their intention to speak may then address the Council for a reasonable length of time and may speak in support of or in opposition to the application.

 

c.     2007 Town Council Meetings Schedule & Holidays

 

Motion by Mrs. Avedesian, Seconded by Mr. Azzinaro, that the following 2007 Town Council Meetings Schedule & Holidays be adopted:  (So Voted 5 to 2 – Councilors Finizio and Cooke dissented)

 

WESTERLY TOWN COUNCIL

 

2007 MEETINGS SCHEDULE

 

7:30 P.M. – COUNCIL CHAMBERS, TOWN HALL

 

JANUARY

January 8, 2007          Regular

January 22, 2007        Committee of the Whole/Special

January 29, 2007        Regular

 

FEBRUARY

February 5, 2007         Committee of the Whole/Special

February 12, 2007       Regular

February 26, 2007       Committee of the Whole/Special

                                        and Regular

 

MARCH

March 5, 2007             Committee of the Whole/Special

March 12, 2007           Regular

March 14, 2007           Budget Workshop

March 15, 2007           Joint Budget Workshop

March 19, 2007           Committee of the Whole/Special

March 21, 2007           Budget Workshop

March 26, 2007           Regular

March 28, 2007           Budget Workshop

 

APRIL

April 2, 2007                Committee of the Whole/Special

April 4, 2007                Final Budget Public Hearing

April 9, 2007                Regular

April 16, 2007              Committee of the Whole/Special

April 23, 2007              Regular

 

MAY

May 7, 2007                 Committee of the Whole/Special

May 14, 2007               Regular

May 21, 2007               Committee of the Whole/Special

                                        and Regular

 

JUNE

June 4, 2007               Committee of the Whole/Special

June 11, 2007             Regular

 

JULY

July 2, 2007                 Committee of the Whole/Special

July 9, 2007                 Regular

 

AUGUST

August 6, 2007            Committee of the Whole/Special

August 20, 2007          Regular

 

SEPTEMBER

September 10, 2007   Committee of the Whole/Special

September 17, 2007   Regular

September 24, 2007   Committee of the Whole/Special

                                        and Regular

 

OCTOBER

October 1, 2007          Committee of the Whole/Special

October 15, 2007        Regular

October 22, 2007        Committee of the Whole/Special

October 29, 2007        Regular

 

NOVEMBER

November 5, 2007      Committee of the Whole/Special

November 19, 2007    Regular

 

DECEMBER

December 3, 2007      Committee of the Whole/Special

December 10, 2007    Regular

 

 

HOLIDAYS – 2007

 

January 1, 2007                      Monday                        New Year’s Day

January 2, 2007                      Tuesday                      Holiday

January 15, 2007                    Monday                        Martin Luther King, Jr. Day

February 19, 2007                   Monday                        President’s Day

April 6, 2007                            Friday                          Good Friday

*May 20, 2007                         Sunday                        Neighbor Day

May 28, 2007                           Monday                        Memorial Day

July 4, 2007                             Wednesday                 Independence Day

August 13, 2007                      Monday                        Victory Day

September 3, 2007                 Monday                        Labor Day

October 8, 2007                      Monday                        Columbus Day

November 12, 2007                Monday                        Veterans Day

November 22, 2007                Thursday                     Thanksgiving Day

November 23, 2007                Friday                          Day after Thanksgiving

December 24, 2007                Monday                        Christmas Eve

December 25, 2007                Tuesday                      Christmas Day

December 31, 2007                Monday                        New Year’s Eve

January 1, 2008                      Tuesday                      New Year’s Day

 

*Celebrated the Sunday before Memorial Day Weekend – adopted May 10, 1993

 

d.     Authorization of Expenditure:

               1.     Holiday Greetings 2006 Ad ($250.00)

 

Motion by Mr. Cooke, Seconded by Mr. Duhamel, that the aforesaid expenditure be approved and the Holiday Greetings be placed in the local newspaper.  (Voted 1 to 6 – Councilor Cooke voted in favor)

 

e.     Proposed Update To Comprehensive Plan – Phase I

 

Motion by Mr. Azzinaro, Seconded by Miss Buck, that the aforesaid proposed ordinance be ordered advertised for public hearing on January 8, 2007.  (Voted Unanimously)

 

Motion made and duly Seconded to rescind the aforesaid vote.  (Voted Unanimously)

 

Motion by Mr. Azzinaro, Seconded by Miss Buck, that the aforesaid proposed ordinance be ordered advertised for public hearing on January 29, 2007.  (Voted Unanimously)

 

 

8.   COMMUNICATIONS & REPORTS

 

        a.     Town Council – 12/11/06, 12/4/06

 

        b.     Town Manager – 12/11/06, 12/4/06

 

1.      Item #1 12/11/06 – Council President DiMaio stated that she would like to review the Council Action Items Report after the holidays.

 

        c.     Town Solicitor – 12/11/06

 

        d.     Town Clerk – 12/11/06, 12/4/06

 

1.     Town Clerk Giordano informed the Council that the Stonington Selectman did not wish to meet on December 18, 2006.

 

        e.     Committee of the Whole

 

1.       Councilor Finizio informed the Council that the admission to the Federal District Court bar takes place in January; therefore, he will not be able to attend the January 8, 2006 Council meeting.

 

2.    Comprehensive Plan – Councilor Finizio noted his concern with the progress of the Comprehensive Plan being that the committee has been evaluating the plan as to the way it is.  He stated that he raised concerns that the committee needs to think outside the box to see if the plan has been working overall and hopes that the committee will look beyond where the town has been and look to where the town is going, particularly with land use.

 

     Councilor Duhamel informed the Council that state law requires an update every five years; that the report was a reflection on how the plan has worked for the town; that it is quite a task to bring the plan up to current standards; and that ultimately the Council will have to make hard decisions as to what is right for Westerly.  He stated that he would like to look at design tools to preserve open space as well as provide for inclusionary zoning to allow for affordable housing and that he would like the Town Planner and Planning Board to review ordinances that he has from South Kingstown and Richmond.

 

             It was the consensus of the Council that the aforesaid matter be referred to a workshop meeting in February.

 

3.     Petition from Mike Johnson – It was the consensus of the Council that this matter be referred to the Public Works Subcommittee.

 

4.     Harbor Management – It was the consensus of the Council that the Harbor Management appointment be placed on the next Council meeting agenda.

 

5.     Designs for Intersection of Industrial Drive and Canal Street – It was the consensus of the Council that this matter be referred to a future workshop.

 

6.     Intersection of Elm and Beach Streets – Councilor Avedesian requested an update on this matter.

 

     Town Manager Turo reported that the design has been completed and stated that he will look into when the project will begin and report back to Council.

       

7.     Council President DiMaio, for the record, addressed the article in The Westerly Sun regarding her ”meet and greet”, noting that she did everything according to protocol, through the Town Manager.  She noted that any ideas from employees would have to be presented through the Town Manager.  She thanked Jackie Birkbeck, IT Manager, for attending tonight’s meeting in the event there were any problems with the computer. 

 

8.     Double Poles – It was the consensus of the Council that this matter be referred to the Town Manager for investigation.

 

             Councilor Cooke requested a meeting with Senator Algiere and the utility companies to discuss the status of same.

 

9.     Portable Microphones – Council President DiMaio referred this matter to the communications liaison.

 

10.   Sign on Route 3 – Councilor Avedesian thanked the Town Manager for expediting the installation of the sign.

 

 

9.   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.

 

        None

 

 

10. ADJOURNMENT

 

        9:42 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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