| COMMITTEE OF THE WHOLE/ SPECIAL TOWN COUNCIL | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | JUNE 4, 2007 | 7:30 P.M. |
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7:30 P.M. CALL TO ORDER
Present:
Co. Pres. 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 – Council President DiMaio
SALUTE TO THE FLAG – Council President DiMaio
Council President DiMaio, on a point of personal privilege, stated that, from time to time, she will have to re-arrange items on an agenda; that Executive Sessions are set by the Town Solicitor and Town Manager; and that she will not prevent anyone from coming before the Council at an open meeting. She clarified how items receive placement on an agenda.
Comments shall be limited to agenda items, excluding matters noted to be advertised for public hearing.
a. Harry Staley, Donizetti Rd – re: Charter Revision Commission; requested Council give serious consideration to the appointment of a committee
b. A. Barclay Robertson, 18 Urso Dr – re: Charter Revision Commission; suggested the Council follow through with the appointment of a committee
c. Lauren Matarese, Captain of Police – re: retirement; requested that Council grant her the right to remain on the force to the end of the year; force is down by 10 percent in the summer due various reasons and will force officers into overtime; department is facing several issues at this time; will give stability during current investigation; requested to be treated same as other officers in the past
Councilor Finizio, on a point of personal privilege, thanked Captain Matarese for her 20 years of service and stated that adding this item to agenda would be a violation of the Town Charter, which states that this matter is within the purview of the Town Manager.
Town Solicitor Hartford informed the Council that this is an administrative decision to be made by the Town Manager and not the Council. He explained that any officer can ask for an annual extension for retirement; however, an agreement was signed two years ago, by all parties, which specifically designates her date of retirement. He explained that Captain Matarese is asking to overrule the decision made by the Town Manager and noted that an executive session cannot be held to discuss the Captain since this is not a personnel matter raised by the administration.
Councilor Avedesian, on a point of personal privilege, stated that Captain Matarese has done a wonderful job; however, the Council cannot micromanage and should honor the Town Manager’s recommendation.
Councilor Buck stressed the need for an executive session stating extenuating circumstances and larger issues, and, on a point of personal privilege, stated that she strongly disagrees that this is only a personnel issue; it is an issue of public safety and welfare of the town. She stated that there is a possibility that the Chief of Police could get suspended due to an ongoing investigation and that it is in the best interest of the Town to have Captain Matarese stay on. She recommended an executive session on job performance of the Town Manager.
Councilor Azzinaro, on a point of personal privilege, stated that, the past, requests for extensions have been bought to the Council by the Manager; that the situation would have been different if an agreement had not been signed; and that the Council should adhere to the 25-year mandatory retirement.
Council President DiMaio, on a point of personal privilege, stated that she has always voted for the extensions; that others have set good examples for the younger patrolmen; and that maturity is needed in the police department.
Councilor Duhamel, on a point of personal privilege, added his appreciation for Captain Matarese, noting that he would be in favor of an executive session if the Council wishes.
Discussion was held regarding the need to hold an executive session on the job performance of the Town Manager.
Councilor Finizio, on a point of personal privilege, felt that the Town Manager’s job performance should not be discussed because of this one matter and that to continually ask for executive sessions to discuss the job performance of the Manager would be micromanaging.
It was the consensus of the majority of the Council not to have an executive session for job performance of the Town Manager. (Councilors Duhamel, Buck and DiMaio dissented)
d. James Beale, 54 Ocean View Hwy – re: property tax relief act of 1966; lobbying for tax relief; asked Council to contact legislators to urge law remain
e. Thomas Cimalore, 1 Sunrise Dr – re: reserve police officers; certificates from POST not recognized; issue is insurance and training; told that things would be resolved by Memorial Day; now told they have insurance; unfair that reserve officers are treated differently than other members of the police department; would like to know what is required and when issue will be resolved
f. Richard Anthony, 108 Noyes Neck Rd – re: Charter Revision Commission; some issues have been resolved; other issues such as appointment of Council President and financial issues still need addressing; requested that Council consider appointment of Commission
Present: Public Works Subcommittee members: Thomas E. Wright, Chair;
Steven Gordon; Richard A. Smith
Mr. Wright introduced the members of committee and explained its current tasks, which include Winnapaug Tank and drainage issues.
Mr. Smith stated that meeting with the boards and committees is a good idea, but that once the Council is through with the cycle, it should look at the structure with the purpose of streamlining it.
Councilor Duhamel stated that the citizens who have stepped forward on this committee come with great expertise and that there are currently $8,000,000 worth of projects that this committee is working on.
Councilor Cooke applauded Councilor Duhamel for creating this group.
Council President DiMaio thanked the committee for attending the workshop.
Town Clerk Giordano explained the memo she submitted to the Council regarding the posting of a financial impact analysis for contractual items and the procedure that is followed when a resolution is submitted to her office. She noted that the Secretary of State’s Office discourages posting items other than meeting notices to its website. She further noted that this process takes an inordinate amount of time away from the normal duties of the office. She also noted several suggestions, which would make the process more efficient.
Councilor Finizio stated that he felt the proposed changes are acceptable; that posting on the web would make the impact statement more accessible; that multi-year contracts should be specified; that contract for one year or less in duration are debated through the budget and through bond issues. He felt that perhaps the financial impact statement should be prepared through the Finance Department and stated that he favors a memorandum format specifying what the impact will be. He felt that the ordinance should establish this and clarify which department should be responsible for preparing the impact statement.
Town Manager Turo stated that the department requesting funding would have to provide the finance department with enough information to prepare the financial impact statement. He further stated that he felt an analysis should be submitted for multi-year contracts and noted that there are certain subcontracts within a larger contract that have to be awarded. He felt that if it can be determined which contracts need an impact study, then a format can be decided on, as well as which department will prepare it.
Town Solicitor Hartford noted that smaller contracts that have already been budgeted do not have any impact; that most contracts will not require a lot of information; that labor contracts will require a much more thorough analysis. He felt that the 72-hour posting to the Secretary of State’s website does not provide better information, but that the posting of the impact statement with the resolution on the Town’s website would make more sense. He noted that the ordinance would not cover the School Department since their contracts do not come before the Council. He stated that he will continue to review state law as to whether the ordinance is legal.
It was the consensus of the Council to accept recommendations of the Town Clerk and that a proposed ordinance to be drafted to include the department that will prepare the analysis and what the analysis should contain.
Present: Marilyn Shellman, Assistant Town Planner
Assistant Town Planner Shellman explained the presentation, stating that the University of Rhode Island landscape architecture design studio presented a concept for blue green trails on Canal Street and White Rock Road. She stated that, with the passage of the recent bond, this concept could be incorporated into road construction. She explained bioretention, stating that it is a method of treating storm water so that it becomes purified; that small residential properties would be able to use rain or recharge gardens; that this method could be used where drainage is a problem; that it would reduce runoff volume and velocity; and that it would eliminate the need for retention basins maintained by the town. She further stated that recharged groundwater could be used in residential subdivisions, commercial parking areas, ultra urban and industrial areas, highways and roads and retrofit applications at existing homes. She noted that there would be a slightly greater cost; that it would require maintenance and regular inspections; that it would require removal of mulch and vegetation in order to maintain the health of the system; and that it would require maintenance within eight to ten years. She stated that the town would need to revise the design standards for all projects, reconsider some of the practices that have been done on properties, and change our ordinances to protect our ecosystem.
It was the consensus of the Council that an ordinance be drafted by the Assistant Town Planner by the end of August that corresponds to state legislation.
a. Proposed Ordinance – “An Ordinance In Amendment Of Chapter 115 Of The Westerly Code Of Ordinances Entitled ‘Entertainment’” (Special Restrictions)
(Order Adv. for Public Hearing on 7/9/07)
Councilor Finizio noted that there was a concern with live entertainment at adult retail establishments and that the town could withstand a court challenge if police presence was required for an adult book store. He suggested that the ordinance be rewritten to clarify the requirement of police presence for live entertainment at the discretion of the Police Chief and that this matter be tabled until the Town Solicitor reviews same.
Motion by Mr. Finizio, that the proposed ordinance be tabled. There was no Second.
Motion by Mr. Azzinaro, Seconded by Mrs. Avedesian, that the aforesaid proposed ordinance be tabled to the June 11, 2007 workshop (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’” (Tattoo Parlors)
(Order Adv. for Public Hearing on 7/9/07)
Motion by Mr. Azzinaro, Seconded by Mrs. Avedesian, that the aforesaid proposed ordinance be tabled to June 11, 2007 workshop. (Voted Unanimously)
Councilor Avedesian stated that the three-hour parking restriction, which the Watch Hill Business Association originally requested, has backfired on business owners because people are parking on the streets and going to East Beach. She stated that the Business Association is requesting that the parking revert back to a two-hour limit in order to enable more people to shop and have lunch.
Motion by Mr. Cooke, Seconded by Mr. Finizio, that Watch Hill parking be added to the agenda. (Voted Unanimously)
Motion by Mr. Cooke, Seconded by Mr. Duhamel, that a proposed ordinance reducing the parking limit from three hours to two hours be prepared and ordered advertised for public hearing on June 16, 2007. (Voted Unanimously)
Town Manager Turo informed the Council that he has had several meetings with POST and understands that it is actively studying the matter and may have a resolution in the near future. He stated that, after an exhaustive debate with representatives, it appears that the town has the right to appoint non-permanent police officers and such officers would be insured under the town’s policy. He noted that he met with the Chief of Police to insure that auxiliary police officers could be used; that these officers must have certain credentials and training for which they would have received certification; and that anyone who is put on the street acting for the town as a police officer should have a background check and physical coordinated by Human Resources. He stated that the several members who do not have certification would be able to do traffic detail. He informed the Council that there are approximately 20 reserves who have certifications and that he should have the reports and background checks by July 1st.
Council President DiMaio thanked the Chief of Police and Town Manager for their efforts.
(Order Adv. for Public Hearing on 6/11/07)
Motion by Mr. Azzinaro, Seconded by Ms. Buck, that the aforesaid proposed ordinance be ordered advertised for public hearing on June 11, 2007. (Voted Unanimously)
Motion by Mrs. Avedesian, Seconded by Mr. Azzinaro, that the following resolution be adopted: (Voted Unanimously)
06/07-200
WHEREAS, the Town of Westerly has solicited bids for septic pumping service for the Department of Public Works; and
WHEREAS, two (2) bids were received and opened by the Operations Officer May 16, 2007 at 3:00 P.M.; and
WHEREAS, Westerly Sanitation and Westerly Porta-Jon of P.O. Box 1037, Westerly, RI 02891 bid $185.00 per load and RPE Septic Services of P.O. Box 126, Wood River Jct., RI 02894 bid $4,500.00 as a lump sum bid. The R.P.E. bid had to be disqualified due to failure of meeting the bid specifications; and
WHEREAS, the low bidder, Westerly Sanitation Inc. is a reputable contractor and has worked for the Town previously; and
WHEREAS, funds are available in the 2007-2008 Sewer Budget account number 07015200-502840; Now therefore, be it hereby
RESOLVED: that the Westerly Town Council authorizes the Town Manager to award the Department of Public Works septic pumping contract to Westerly Sanitation, Westerly, RI for fiscal year 2007-2008.
Motion by Mrs. Avedesian, Seconded by Mr. Cooke, that the following resolution be adopted: (Voted Unanimously)
06/07-201
WHEREAS, the Town of Westerly has solicited bids for Sodium Hypochlorite – 12.5% solution for the Utilities Department; and
WHEREAS, three (3) bids were received and recorded by the Operations Officer on May 4, 2006 at 3:00 P.M.; and
WHEREAS, H. Krevit and Company, Inc. of P.O. Box 9433, New Haven, CT 06534 bid $54.19 per drum, Univar, U.S.A., Inc. of 175 Terminal Road, Providence, RI 02905 bid $111.30 per drum and Borden and Remington, Corp. of 106 Ferry Street, P.O. Box 2573, Fall River, MA 02722 bid $68.10 per drum; and
WHEREAS, the low bidder H. Krevit and Company has met the technical specifications of the product to be provided with no exceptions; and
WHEREAS, the funds are available in account 06015150-503020 in the 2007-2008 Water Department budget; Now therefore, be it hereby
RESOLVED: That the Westerly Town Council authorizes the Town Manager to award the purchase order to Krevit and Company, Inc. to supply the Utilities Department with Sodium Hypochlorite for the Fiscal Year 2007-2008.
Motion by Mrs. Avedesian, Seconded by Mr. Azzinaro, that the following resolution be adopted: (Voted Unanimously)
06/07-202
WHEREAS, the Town of Westerly has solicited bids for Potassium Hydroxide for the Utilities Department; and
WHEREAS, four (4) bids were received and opened by the Operations Officer on May 16, 2007 at 3:00 P.M.; and
WHEREAS, Univar USA Inc. 175 Terminal Road, Providence, RI 02905 bid 0.1510 per pound, Borden and Remington Corp. of 106 Ferry Street, Fall River, MA 02722 bid 0.1846 per pound, Mann Chemical of 3134 Post Road, Warwick, RI 02886 bid $0.1700 per pound and H. Krevit Company, Inc of 73 Welton Street, New Haven, CT 06534 bid $0.208 per pound; and
WHEREAS, Univar USA Inc. of Providence, Rhode Island has met the product specification and was the low bidder at 0.1595 per pound; and
WHEREAS, funds are available in account 06015150-503020 of the 2007-2008 Water Department budget; now therefore, be it hereby
RESOLVED: That the Westerly Town Council authorizes the Town Manager to award the purchase order to Univar, USA, Inc. for purchasing of Potassium Hydroxide for fiscal year 2007-2008.
Motion by Mrs. Avedesian, Seconded by Mr. Azzinaro, that the following resolution be adopted: (Voted Unanimously)
06/07-203
WHEREAS, the Town of Westerly has solicited bids for the purchase of various valves and fittings for the Utilities Department; and
WHEREAS, seven (7) bids on the various eighteen (18) items were received and opened by the Operations Officer on May 16, 2007 at 3:00 p.m.; and
WHEREAS, according to the specifications in the bid package, Ferguson Waterworks/EPPCO of 86 Bridge Street, Groton, CT 06340 was the low bidder based on the individual unit prices on items #1,2,3,4,5,6,7,8,9,10,12,15,16 and 18; Warwick Winwater Works Co. of P.O. Box 81062, Warwick, RI 02888 was the low bidder on item 14 and17; E.J. Prescott Company of 80 Gilbane Street, Warwick, RI 02886 was the low bidder based on individual unit prices on items 13, and Ti-Sales, Inc. of 36 Hudson Road, Sudbury, MA, 01776 was the low bidder on item #11; and
WHEREAS, funds are available in Account #06015150-503310 in the 2007-2008 Water Budget, now therefore
BE IT RESOLVED: that the Westerly Town Council authorizes to purchase as needed Items #1,2,3,4,5,6,7,8,9,10,12,15, 16 and 18 from Ferguson Waterworks/ EPPCO, Items #14 and 17 from Warwick Winwater Works, and Item 13 from E.J. Prescott Inc., and Item #11 from Ti-Sales, Inc.
TOWN OF WESTERLY: UTILITIES DIVISION
BIDS FOR VARIOUS PIPES, VALVES AND FITTINGS
VENDORS
| BID ITEMS | TI-SALES | E.J. PRESCOTT | FERGUSON/ EPPCO | STILES COMPANY | WARWICK WINWATER | PUBLIC WORKS SUPPLY | G & L P.W.S WATERWORKS SUPPLY |
| 1. Gate Valves – Style 2360 | *$2,433,19 | *$2306.39 | $2,595.19 | No Bid | $2,686.00 | $2,762.00 | No Bid |
| 2. Tapping Sleeves – Style H615 | No Bid | No Bid | $8,325.39 | No Bid | $8,610.00 | $8,611.00 | $8,938.12 |
| 3. Tapping Valves – Style A2360-16 | *$3,173.03 | *$3187.00 | $3,571.98 | No Bid | $3,689.00 | $3,703.00 | No Bid |
| 4. Ductile Iron Tees-Style C-153 | *$1,400.40 | $1,011.41 | $892.73 | No Bid | $1,144.00 | $1,127.00 | $1,494.95 |
| 5. Ductile Iron Anchor Tees-Style C-153 | $585.60 | $422.94 | $373.31 | No Bid | $480.00 | $484.00 | $631.75 |
| 6. Ductile Iron Bends – Style C-153 | $1,245.20 | $899.31 | $792.89 | No Bid | $1,029.00 | $1,005.00 | $1,344.41 |
| 7. Mechanical Joint Caps | $242.40 | $175.06 | $153.52 | No Bid | $154.00 | $195.00 | $257.94 |
| 8. Ductile Iron Reducers | $340.80 | $246.14 | $217.25 | No Bid | $281.00 | $270.00 | $367.08 |
| 9. Standard Gate Boxes | $61.81 | $47.09 | $32.25 | No Bid | $ 42.00 | $46.00 | $47.20 |
| 10. Standard Curb Boxes | $28.38 | $21.04 | $17.65 | No Bid | $21.00 | $23.00 | $21.10 |
| 11. Cast Couplings – Style 441 | $359.24 | $409.36 | $415.28 | No Bid | $455.00 | No Bid | $424.31 |
| 12. Repair Clamps – Style 226 | $1078.62 | $876.36 | $836.91 | No Bid | *$829.00 | No Bid | $863.49 |
| 13. Brass Curbstops | No Bid | $208.97 | No Bid | No Bid | No Bid | No Bid | No Bid |
| 14. Service Saddles – Style 313 | *$479.76 | *$379.16 | *$391.61 | No Bid | $580.00 | No Bid | *$396.44 |
| 15. Gate Box Risers | $16.66 | $16.74 | $13.50 | No Bid | $18.00 | No Bid | $14.70 |
| 16. Hydrant Extensions | No Bid | No Bid | $929.21 | No Bid | $999.00 | No Bid | No Bid |
| 17. Safety Flange Kits | No Bid | No Bid | $103.34 | No Bid | $88.00 | No Bid | No Bid |
| 18. Bronze Service Saddles | $985.18 | $951.58 | $819.71 | $996.76 | No Bid | No Bid | $845.72 |
Bold bid figures indicate the lowest bid for that item that meets the specifications outlined in the bid package.
*Low bid did not meet specifications.
Motion by Mrs. Avedesian, Seconded by Mr. Cooke, that the following resolution be adopted: (Voted Unanimously)
06/07-204
WHEREAS, the Town of Westerly has solicited bids for two-year radio maintenance service for the Department of Public Works; and
WHEREAS, three (3) bids were received and opened by the Operations Officer on May 16, 2007 at 3:00 p.m.; and
WHEREAS, New England Communications Systems, Inc. of 427A Hayden Station Road, Windsor, Connecticut 06095 bid $3,090.00 per year, Seaport Communications of 304 Point Judith Road, Narragansett, RI bid $4,128.00 per year, and Communications Plus, LLC of 84 Salem Turnpike, Norwich, Connecticut bid $4,848.00 per year; and
WHEREAS, New England Communications System, Inc. of 427A Hayden Station Road, Windsor, Connecticut was the low bidder at $3,090.00; and
WHEREAS, funds are available in the 2007-2008 fiscal year from the Water Department budget account number 0601-5150-502840 of $1,632.00, Sewer Department budget account number #0701-5200-502840 of $186.00 and Highway Department budget account number #0101-1105-502900 of $1,272.00; and
WHEREAS, funds will be appropriated in the 2008-2009 fiscal year from the Water, Sewer and Highway Department in order to complete the second year of the two-year maintenance contract; now therefore, be it hereby
RESOLVED: that the Westerly Town Council authorizes the Town Manager to award the Department of Public Works radio service contract to New England Communications Systems, Inc.
Motion by Mrs. Avedesian, Seconded by Mr. Azzinaro, that the following resolution be adopted: (Voted Unanimously)
06/07-205
WHEREAS, the Town Council adopted an ordinance imposing sewer assessments on property located on East Avenue, Book 1388 Page 340 and 339; and
WHEREAS, the lien on Plat 107 Lot 057 filed in Book 1388 Page 340 and released on February 23, 2006; and
WHEREAS, in Book 1505 Page 332; lien on Plat 107-057A is filed and must be released; and
WHEREAS; the Town Manger will sign liens on both accounts which state the length of time of the apportionments and the date it begins; and
WHEREAS, the following applications will be apportioned on the following listed properties:
WHEREAS, the Town Council, has determined that the accounts should be abated from the 2005 Sewer Assessments. The accounts will be lien and apportioned in a 2007 Sewer Assessments. A refund check will be issued for prior payments on the two above stated plat and lots.
THEREFORE BE IT RESOLVED:
That the Tax Collector be authorized to abate the above stated accounts, record the liens and refund the amounts paid with interest.
Motion by Mrs. Avedesian, Seconded by Mr. Azzinaro, that the following resolution be adopted: (Voted Unanimously)
06/07-206
WHEREAS, the Town of Westerly requires software for Tax Collection, Tax Administration, Utility Billing (Sewer Assessment), Building Inspection & Zoning and Online Tax Bill/Tax Roll Services; and
WHEREAS, the town has existing software packages in place that meet these requirements, provided by Opal Data Technologies, Inc.; and
WHEREAS, the town requires software updates, user support and technical support to maintain the Opal Data software; and
WHEREAS, the town has received an invoice from Opal Data Technologies, Inc. for $9,415.00 to cover costs associated with software updates and support for
the fiscal year 2007-2008; and
WHEREAS, $4,908.00 has been allocated from account 0101-0704-502950, $2,454.00 has been allocated from account 0601-5150-502840, and $2053.00 has been allocated from account 0701-5200-502840 to cover the costs; now therefore, be it hereby
RESOLVED: That the Westerly Town Council authorizes the payment for annual software updates, user support and technical support & services to Opal Data Technologies, Inc. in the amount of $9,415.00.
a. Priority List of Roads – Discussion
Town Manager Turo informed the Council that he does not expect completion before September; that he intended to solicit bids on a per-unit basis; and that he expected many vendors to come forwarded. He noted a list submitted to the Council in February 2007 containing roads he felt imperative to repair.
Councilor Azzinaro clarified that this bond is for Westerly roads and sidewalks and that it is not for the Misquamicut drainage project.
Motion by Mr. Finizio, Seconded by Mrs. Avedesian, that the following resolution be adopted: (Voted Unanimously)
06/07-207
RESOLVED, That:
SECTION 1. Pursuant to Rhode Island General Laws Section 45‑12‑2 and Section 2‑1‑9(h)(2) of the Westerly Town Charter (the "Charter"), the Resolution of the Town Council adopted on February 26, 2007 and a Referendum held on May 8, 2007, an amount not to exceed $5,000,000 is appropriated for the construction, renovation, rehabilitation, repair and improvements to town roads, sidewalks and drainage facilities (the "Project").
SECTION 2. The Finance Director and the Town Manager be and hereby are authorized to issue on behalf of the Town, an amount not exceeding Five Million Dollars ($5,000,000) bonds or notes of the Town, at one time, or from time to time in order to meet the foregoing appropriation.
SECTION 3. The said officers from time to time may issue and refund not exceeding $5,000,000 interest bearing or discounted notes in anticipation of the issue of said bonds or in anticipation of the receipt of federal or state aid for the purpose specified in Section 1 hereof.
SECTION 4. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the bonds or notes may be fixed by the officers authorized to sign the bonds or notes.
SECTION 5. Pending the issuance of the bonds under Section 2 hereof or pending or in lieu of the issue of notes under Section 3 hereof, the Finance Director, at the written direction of the Town Council, may expend funds from the general treasury of the Town for the purposes specified in Section 1 hereof. Any advances made under this section shall be repaid without interest from the proceeds of the bonds or notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.
SECTION 6. The Finance Director and the Town Manager are also authorized, empowered and directed, on behalf of the Town, to: (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the bonds or notes any and all other documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (iii) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this resolution in order to effectuate said borrowing and the intent hereof.
SECTION 7. The Finance Director together with the Town Manager be, and hereby are, authorized to deliver the bonds or notes to the purchasers and said officers be, and hereby are, authorized and instructed to take all actions, on behalf of the Town, necessary to ensure that interest on the bonds or notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the bonds or notes to become subject to federal income taxes.
SECTION 8. This resolution is am affirmative action of the Town Council of the Town toward the issuance of bonds or notes in accordance with the purposes of the laws of the State. This resolution constitutes the Town ’s declaration of official intent, pursuant to Treasury Regulation §1.150(2), to reimburse the Town for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of this resolution but prior to the issuance of the bonds or notes. Such amounts to be reimbursed shall not exceed $5,000,000 and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.
SECTION 9. The Director of Finance and the Town Manager are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2‑12 of the Securities and Exchange Commission (the "Rule") and to execute and deliver a Continuing Disclosure Certificate in connection with the Bonds in the form as shall be deemed advisable by the Director of Finance and the Town Manager in order to comply with the Rule. The Town hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, as it may be amended from time to time. Notwithstanding any other provision of this Resolution or the Bonds, failure of the Town to comply with the Continuing Disclosure Certificate shall not be considered an event of default; however, any bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Town to comply with its obligations under this Section and under the Continuing Disclosure Certificate.
SECTION 10. This resolution shall take effect upon passage.
Motion by Mrs. Avedesian, Seconded by Mr. Cooke, that the following resolution be adopted: (Voted Unanimously)
06/07-208
Whereas, furniture is needed to outfit our new Police Station; and
WHEREAS, the budget for this item is $265,000.00 under the New Police Station bond appropriation 01600160; and
WHEREAS, bids were advertised in The Westerly Sun and mailed to fifteen furniture suppliers; and
WHEREAS, two bids were received with the following results: (1) W.B. Mason - $105,390.12 and (2) Corporate Image Interiors - $167,487.00; and
WHEREAS, the Town’s architect and consultant, JCJ Architecture, and the Police Chief, reviewed W.B. Mason’s bid and they also physically viewed all of the actual furniture; and
WHEREAS, JCJ Architecture, after consultation with the Police Chief, made several adjustments for better quality furniture increasing W.B. Mason’s bid to $130,208.98, which is still $37,208.98 lower than the next low bidder and $134,701.00 under budget; and
WHEREAS, both the Police Station Building Committee and the Architect have recommended awarding the bid to W.B. Mason, Inc; now therefore, be it hereby
RESOLVED: That the Town of Westerly hereby awards the furniture bid for its new Police Station to W.B. Mason, 99 Bald Hill Road, Cranston, Rhode Island 02920 at a price of $130,208.98 and as defined by our bid specifications and as modified in a letter of recommendation by JCJ Architects, dated May 21, 2007.
Motion by Mrs. Avedesian, Seconded by Mr. Cooke, that the following resolution be adopted: (Voted Unanimously)
06/07-209
Whereas, fitness equipment is needed to outfit our new Police Station; and
WHEREAS, the budget for this item is $25,000.00 under the new Police Station bond appropriation 01600160; and
WHEREAS, bids were advertised in The Westerly Sun and mailed to four suppliers; and
WHEREAS, four bids were received with the following results: (1) Body Solid - $20,314.80; (2) Northeast Health and Fitness - $29,771.00; (3) Big Fitness - $15,642.25; and (4) NE Fitness Distributors - $25,896.00; and
WHEREAS, Big Fitness withdrew its bid; and
WHEREAS, the Police Chief viewed the products offered by Body Solid and found the proposed products to be a quality less than specified; and
WHEREAS, the Police Chief conducted scope review with NE Fitness Distributors resulting in a final proposed cost of $21,492.00; and
WHEREAS, the Police Station Building Committee has reviewed subject purchase and has recommended an award to NE Fitness Distributors; and
WHEREAS, NE Fitness Distributors is $3,508.00 under budget; now therefore, be it hereby
RESOLVED: That the Town of Westerly hereby awards the fitness equipment bid for its new Police Station to NE Fitness Distributors Inc., 270 Eastern Boulevard, Glastonbury, CT 06033 at a cost of $21,492.00 and as defined by our bid specifications and as modified during final scope review.
Councilor Finizio recommended that the town re-establish the commission; that nine members be appointed; that the commission would have five months to debate issues; that the commission can take suggestions from the Council and the public; and that the Council would have time to debate prior to the 2008 election. He noted that starting the process now would ensure that its not rushed.
It was the consensus of the Council that a resolution establishing the Charter Revision Commission be prepared for the June 11, 2007, workshop.
Councilor Finizio noted his concern that, when names come before the Council for appointment, the first nominee gets voted on, which would require him to vote “no” if it were not his choice. He suggested that all names be put into nomination at the same time and then the Council should choose the first person the it would prefer to be appointed.
Discussion was held regarding the proposed procedure.
The Town Clerk was directed to date and time stamp the applications so that they will be taken in the order in which they are received and the Town Solicitor was directed to amend the rules to reflect same.
10:17 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.