| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | AUGUST 18, 2008 | 7:30 P.M. |
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Present: President DiMaio, Vice Pres. Cooke
Councilors Duhamel, Avedesian, Azzinaro, Buck
T. Mgr. Turo, T. Sol. Hartford, Chief of Staff Ahern
Co. Clk. Giordano, T. Sgt. Abate
INVOCATION – Councilor Avedesian
SALUTE TO THE FLAG – Council President DiMaio
SWEARING IN CEREMONY:
Chief of Police Mello introduced the following Police Officers and gave a brief history on their educational background and accomplishments:
Town Clerk Giordano administered the oath of office to:
Shawn M. Lacey, Lieutenant
Michael J. Marcotte, Sergeant
Steven R. Johnson, Corporal
Motion made and duly Seconded, to adopt the following resolution, read aloud by Council Clerk: (Voted Unanimously)
a. Congratulations – Lt. Ernest D. Bailey – Retirement, WPD
Ernest Bailey was present to accept the resolution.
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. Deming Sherman, 58 Verdi Rd, Attorney for Weekapaug Fire District – re: Spring Avenue and Fort Road Rights-of-Way; has researched Spring Avenue for many years; would like to meet with Town Solicitor Hartford and Attorney Soloveitzik to impart information
Town Solicitor Hartford explained that any discussion this evening would be preliminary and that, ultimately, the Weekapaug Fire District would be informed of any action of the Council as to the opinion of ownership or title status of the property provided by Attorney Soloveitzik. He offered to meet with Attorney Sherman to discuss the matter.
b. Joseph A. Priestley, Esq., 55 Beach St – re: Moore Company water abatement; proposed amendment to ordinance so that company will not have to come before Council yearly; requested proposed amendment be placed on a future agenda
c. Matthew H. Thomsen, Esq., 43 Broad St – re: Spring Avenue and Fort Road Rights-of-way and Moorings – Questioned when would be the appropriate time to address New Business Items (g) and (h)
a. Report by Peak Oil Task Force
Present: Peak Oil Task Force members: Patricia Hval, Co-Chair; Frederick Presley, Co-Chair
Ms. Hval thanked the Council for forming the Peak Oil Task Force. She reported that the Task Force has met for several months and conducted research on peak oil. She stated that the Task Force reviewed the actions of other communities and added their own ideas. She reported that the Task Force has a daunting array of recommendations; that it will take courage and commitment in order to bring the ideas to fruition; and that action must begin now to move forward with some energy alternatives because it will not get any cheaper or easier. She stated that the Task Force held a public forum at the Westerly Public Library on peak oil and that another public forum will be held on September 9, 2008. She suggested the formation of a citizens’ advisory committee that could work with the Council and act as a sounding board. She stated that the Task Force is recommending that the Town address heating problems that will be faced by many residents this winter and consider amendments to the zoning laws that would allow for extended families to reside together and take in boarders to share costs. She believed that this coming winter will be New England’s Katrina. She thanked Task Force members, Frederick Presley, Leo H. Dery, John Sutcliffe, and Harvey C. Perry.
Councilor Duhamel stated that the Alternate Energy Study Committee is looking to revise the ordinance that restricts residential windmills to 7 or more acre parcels. He felt it would be beneficial for the Alternate Energy Study Committee to work with the Peak Oil Task Force on recommendations. He reported that the Town is looking into using biodiesel in municipal vehicles. He believed that the Peak Oil Task Force is an important committee for the town.
Councilor Buck thanked the Task Force for its comprehensive report. She sought recommendation from the Task Force on how to proceed forward and questioned whether the Task Force should remain in tact to specifically address certain areas and actions in a prioritized list.
Mr. Presley believed that there is a lot of opportunity for a progressive community to take action now to be a leader and gain a competitive advantage. He stated that one of the recommendations included the establishment of a community energy company that could service not only town facilities but be sold back to businesses at a reasonable rate. He stated that the communities which embrace change will be the best prepared to move forward and prosper.
Council President DiMaio stated that one of the recommendations was to obtain an energy audit from National Grid and she believed that the Town could do this with its buildings immediately. She noted that the University of Rhode Island is researching alternative forms of energy other than biodiesel, and she felt that this would be a good connection with the Peak Oil Task Force. She stated that she would like to see some form of the Task Force continue and develop ordinances with the cooperation of the Town Solicitor and other Towns that the Town of Westerly could use in the future. She referred the matter to the September 8, 2008 Meeting for discussion and consideration of a Citizens Advisory Committee.
Motion by Mr. Duhamel, Seconded by Mrs. Avedesian, that the Task Force Report be accepted. (Voted Unanimously)
b. Report by Blue Ribbon Task Force
1. Feedback Report from Chamber of Commerce
Present: Blue Ribbon Task Force members: Lisa Nelson, Co-Chair; Patricia Hartford, Co-Chair; Geraldine Cunningham; Frederick Presley; Perry Kellogg; James T. Beale; Paul Lynch; Thomas J. Liguori, Jr., Esq.; Richard A. Smith
Ms. Hartford acknowledged the members of the Task Force. She thanked the ex-officio members for their participation, the Council liaisons for their leadership and support, and Town Manager Turo for his contributions. She commended the Town Council for recognizing and addressing this critical issue in this community.
Ms. Nelson noted the recent layoffs at Heartlab and the closing of Paragon and other companies. She stated that the formation of the Task Force represented some quick thinking and swift action on the part of the Council in response to the troubling job situation. She noted that the Task Force represents this Council’s desire to look seriously at economic development. She stated that the report shows that the Task Force strategically examined trends affecting, not only the Town of Westerly, but the state, nation and the world. She reported that the Task Force looked at the Town’s strengths and weaknesses, opportunities and threats, and considered multiple dimensions of the community that contribute to creating the local environment in which economic development for Westerly takes place. She stated that the Task Force’s report and recommendations set forth a comprehensive plan, a strategy to focus the town’s efforts on shaping its economy. She explained that the report lays out an action plan that is a proactive plan to harness the power of collaboration involving government, businesses, organizations and individuals. Ms. Nelson stated that the Town of Westerly is the kind of community that can come together in a crisis and now it needs to come together to avoid a future crisis and ensure future prosperity. She stated that the Town must take a long-term commitment to maintaining focus on economic development. She noted that the decision to make economic development a priority must be made.
Mr. Smith gave a PowerPoint presentation outlining the goals of the economic development program. He stated that economic development for the Blue Ribbon Task Force means jobs. He explained that the Task Force’s focus is on attracting good jobs to the community, developing employment opportunities for the citizens, and retaining those organizations and jobs with the companies that have contributed so much to the community. He noted that the measure of success of economic development is whether the quality of economic activity in the community was improved. He addressed, at length, each of the Task Force’s recommendations, listed under the categories of: (1) Development, (2) Identify/Communications, (3) Strength Maximization, (4) Coordination, and (5) Implementation. He explained that an essential component of the Task Force’s recommendation is for the Town to engage a person, who would report to the Town Manager, and be charged with executing the strategy recommended by the Task Force. He stated that the question the Council should consider is whether the urgency of what is being proposed is a compelling enough priority to make the decision to create changes in this fiscal year and set up for the new fiscal year to have a compelling and comprehensive economic development plan in place. He reported that there are significant numbers of economic development grants available to communities. He stated that the essential element of the Task Force’s recommendation is that there be an economic development function established within Town government. He noted the qualities of the community.
Motion by Mrs. Avedesian, Seconded by Ms. Buck, that the Blue Ribbon Task Force Report be accepted. (Voted Unanimously)
Frank Palaia, President of the Westerly-Pawcatuck Chamber of Commerce, was present and addressed the Chamber’s feedback to the Task Force’s report. He sought the Council’s consideration of the Chamber’s report. He commended the efforts of the Task Force. He reported that the Chamber believes that the goals and objectives outlined by the Task Force can be achieved by a rejuvenated Economic Development Commission to achieve the goals at a fraction of the cost of hiring a new employee.
Motion by Mr. Duhamel, Seconded by Mrs. Avedesian, that the Chamber of Commerce’s Report be accepted. (Voted Unanimously)
Discussion was held regarding the restructuring of the Economic Development Commission, the Task Force’s recommendation to hire a point person; a suggestion that the Town Manager be directed to find funding to implement some of the Task Force’s recommendations by working with the existing resources; and the need to work together with the Chamber of Commerce.
Council President DiMaio thanked the Task Force for its hard work. She stated that, under Agenda Referrals, she will request the Town Manager Turo to review both reports and come back to the Council with his recommendations at the September 8, 2008 Meeting.
c. Resolution Authorizing The Waiver Of Town Application, Building And Right Of Entry Fees For The Pierce Street Park (Lilac Park)
Motion by Mrs. Avedesian, Seconded by Ms. Buck, that the following resolution be adopted: (Voted Unanimously)
08/09-27
WHEREAS, the completion of the Pierce Street Park is of vital importance to the revitalization of the North End in general and the Pierce and Pond Street neighborhood in particular; and
WHEREAS, CDBG and other public funds are being used to complete the project thus making it eligible for the waiver of Town fees; now therefore, be it hereby
RESOLVED: That the Westerly Town Council does authorize the waiver of all Town fees associated with the project including any town application fees, Water line installation and right of entry fees as well as all non-ADA building fees.
d. Joint Resolution Of The Westerly Town Council And The Westerly School Committee In Support Of Legislation Requiring Seatbelts On School Buses
Motion by Mrs. Avedesian, Seconded by Ms. Buck, that the following resolution be adopted: (Voted Unanimously)
08/09-28
WHEREAS, the Town of Westerly recognizes the importance of seatbelt use among its student population as critical to their everyday safety; and
WHEREAS, current Federal and State School Bus regulations do not require the installation of seat belts on school buses; and
WHEREAS, the Town of Westerly is committed to providing every possible and practical safety measure available for its students as they are transported to and from school; now therefore, be it hereby
RESOLVED: That The Westerly Town Council and The Westerly School Committee jointly recommend and support legislation which would update current school bus regulations to include the requirement of seatbelts and further request and urge the Town’s delegation to the General Assembly to submit the necessary legislation in the next legislative term.
e. Proposed Ordinance – “An Ordinance Amending Article I, Park Commission, Of Chapter 5 Of The Westerly Code Ordinances Entitled ‘Boards, Committees And Commissions”
(Order Adv. for Public Hearing on 9/8/08)
Motion by Mrs. Avedesian, Seconded by Mr. Azzinaro, that the aforesaid proposed ordinance be ordered advertised for public hearing on September 8, 2008. (Voted Unanimously)
f. Proposed Ordinance – “An Ordinance Transferring Funds From The Water Department Fund Balance To The 2008-2009 Water Budget, Account #06015150-503020” ($350,000.00)
(Order Adv. for Public Hearing on 9/8/08)
Motion by Mrs. Avedesian, Seconded by Mr. Duhamel, that the aforesaid proposed ordinance be ordered advertised for public hearing on September 8, 2008. (Voted Unanimously)
g. Discussion – Spring Avenue and Fort Road Rights-of-Way
a. Spring Avenue Right-of-Way
Council President DiMaio noted pictures she took of the Spring Avenue right-of-way, which is located just before the sand trail on Ninigret Avenue. She stated that the right-of-way is a 50-foot wide lot leading to the ocean. She stated that, after the Town receives the title opinion from Attorney Soloveitzik, the Council can determine if it would be viable to clear the lot and provide parking for approximate-ly seven vehicles so that people can walk to the beach.
Town Solicitor Hartford reported that the Town Assessor’s office shows this 50-foot strip of land as being a paper street, as opposed to a lot that is taxed to an entity. He explained the general rule regarding paper streets in that, where street has been platted in an approved subdivision or recorded plat previously, it is considered to be dedicated to public use. He stated that the history of this plat will be researched by Attorney Soloveitzik. He noted that, if it is determined by that Town to be a road dedicated to public use, it has the potential to be a public access point to the shore. He stated that he will obtain an opinion from Attorney Soloveitzik.
It was the consensus of the Council to proceed as aforementioned and that Attorney Soloveitzik report back to the Council with an opinion at the September 15, 2008 Meeting.
Councilor Cooke requested that the Town Solicitor speak with the Weekapaug Fire District Moderator to correct the language on the sign to agree with the current ordinance regarding dogs on the beach.
b. Fort Road Right-of-Way
Council President DiMaio reported that Chaplin Barnes provided the Town with a map of the town-owned lot on Napatree Point and that copies will be provided to the Council in their packets. She noted pictures she took of the Fort Road right-of-way. She stated that, when she visited the site, there were red cones in the roadway of the parking lot; that there were guards located at both entrances to the main and back parking areas; that a portion of the gate has been removed; and that a sign has been erected at the entrance noting rules and regulations. She suggested that a few parking spaces as well as handicapped vehicle parking spaces be located to the right of the black fence to allow for disabled individuals to be able to go out on Napatree Point. She stated that she would like to address this issue with the Watch Hill Fire District moderator. She stated that the Town has still not erected a “welcoming sign” at Napatree Point and asked that one be erected as soon as possible. She stated that it is her desire to memorialize Fort Road as a public access road for the people of Westerly.
Discussion was held regarding concerns that Fort Road was already discussed and decided upon; concerns of what would be gained by re-opening this issue again; concerns of spending additional dollars on this matter; and a suggestion that the matter be tabled until the Council receives a copy of the map showing the actual location of the right-of-way.
Town Solicitor Hartford reported that Attorney Soloveitzik had issued an opinion that Fort Road was not a town road, but that there is a public right-of-way in favor of all of the owners of Napatree Point, one of which is the Town of Westerly. He explained that the only way around the ownership issue would be for the Town to undertake an effort to declare this a public road, which would be confronted with a number of challenges and liability issues, including the fact that it has not been used as a public road for many years. He noted that the Council had concluded that it was not appropriate to take further action, because there was a working relationship with the Conservancy. He noted that Council President DiMaio was not satisfied with the outcome and felt that there should be a more complete decision by the Council; therefore, she is bringing it back for further review.
Participant: Mathew Thomsen, Esq, representing the Watch Hill Fire District and the Watch Hill Conservancy – re: Cones are in place for safety purposes; Conservancy tries to control the amount of traffic to Napatree Point because of the very limited space; there is not parking near the access point because fire lanes exist, but will address the Town’s request for parking spaces with the District Council; all-terrain vehicle is available to bring people out to the Point who are unable to walk there; Conservancy took Council’s comments seriously; no one has every been denied access to Napatree Point
h. Discussion – Chapter 86 Of The Westerly Code Of Ordinances Entitled “Boats And Waterways” – Section 17 Entitled “Anchoring, mooring and beaching in Kitchen Area of Napatree Point”
Town Solicitor Hartford explained that the current ordinance prohibits the anchoring of boats along the entire length of the west side of Napatree Point on the Stonington side; however, the ordinance has never been enforced. He stated that the area is a regular place for boaters to anchor for the day. He explained that the coordinates mentioned in the ordinance define a very small portion of a pond and not the whole area. He felt that the ordinance bears a little more exploration and that he will talk to the Fire District and the people concerned. He felt that, if the coordinates are broad to cover the entire area, then the Council should repeal the ordinance. He stated that, if the coordinates only cover a small area and do not impact the commonly used boating area, then the ordinance is fine. He stated that the Council can also amend the ordinance to prohibit mooring overnight.
Participants: James Larry Steadman, 115 East Ave – re: Intent of ordinance was to keep boats out of small area, known as the lagoon, because it was a breeding zone for horseshoe crabs and other small fish; ordinance had been enforced; lagoon now shifted to east and no longer in restricted zone and perhaps ordinance should reflect this; Eric Fiske, 55 Watch Hill Rd – re: Distributed map showing coordinate points; Julie Royster, Naturalist for the Watch Hill Conservancy and Watch Hill Fire District – re: Lagoon still used as nursery area for horseshoe crabs, mussels, etc.; good idea to revisit ordinance to incorporate entire lagoon area
Town Solicitor Hartford was directed to amend the current ordinance to reflect the correct area where boats are prohibited and to prohibit mooring overnight.
i. Discussion – Chapter 229 Of The Westerly Code Of Ordinances Entitled “Taxation” – Article VI Entitled “Abatement for Industrial and Commercial Development”
Council President DiMaio explained the purpose of the aforesaid ordinance, but felt that it should be amended to include existing structures and include language that would allow the Town to recoup some of the tax incentive awarded to businesses that cease to operate or relocate out of town.
Discussion was held regarding a suggestion that the ordinance include vacant buildings and the timeframe as to when an abatement would be forgiven and reimbursement to the tax of 50% of the abatement if a business reduces its work force or relocates from the town within 5 or 10 years of the last abated tax year.
Council President DiMaio directed Town Solicitor Hartford to prepare amendment to the ordinance for the September 15, 2008 Meeting that would require businesses that reduce their workforce or relocate from the Town within ten years of final abatement year to reimburse the Town fifty-percent of abatement. She also directed that Town Assessor Vacca be in attendance at the September 15, 2008 Meeting.
a. Proposed Ordinance – “An Ordinance Relating To Re-Naming A Portion Of Inwood Lane To Inwood Lane South”
Motion by Mr. Azzinaro, Seconded by Ms. Buck, that the public hearing be opened. (Voted Unanimously)
No one appeared in favor or in opposition.
Motion by Mr. Azzinaro, Seconded by Ms. Buck, that the hearing be closed and the following ordinance be adopted: (Voted Unanimously)
TOWN OF WESTERLY
CHAPTER 1650
“AN ORDINANCE RELATING TO RE-NAMING A PORTION OF INWOOD LANE TO INWOOD LANE SOUTH”
The Town of Westerly hereby ordains:
Section 1. That the southerly portion of Inwood Lane within the Town of Westerly be named: Inwood Lane South
Section 2. This ordinance shall take effect upon its passage.
None
a. Approval of Minutes
Regular - 7/14/08
Executive – 8/4/08
Motion by Mr. Azzinaro, Seconded by Ms. Buck, that the aforesaid minutes be accepted and approved as printed. (Voted Unanimously)
b. Fiscal Matters
Motion by Mrs. Avedesian, Seconded by Mr. Azzinaro, that the following resolutions be adopted: (Voted Unanimously)
Resolution Authorizing The Finance Director To Purchase A New 2009 4x4 Pickup Truck For The Utilities Department
08/09-29
WHEREAS, the Utilities Department has requested a new 4 x 4 pickup truck in its approved 2008-2009 Water Budget; and
WHEREAS, the Operation Officer advertised bids on July 24, 2008 in the newspapers; and
WHEREAS, the Superintendents of Utilities mailed out six (6) bids to various dealerships in RI, CT; and
WHEREAS, one (1) bid was opened by the Operations Officer at 3:00 p.m. on August 6, 2008 supplied by Liberty Chevrolet, Inc. of 90 Bay State Road, Wakefield, MA, 01880 at a total cost of $19,230.00; and
WHEREAS, this cost is comparable to a 2008 4 x 4 pickup truck purchased by the Highway Department in the Fall of 2007 at a cost of $19,711.00, which was supplied to the Town by Balise Chevrolet, Inc. of Warwick, RI; and
WHEREAS, Liberty Chevrolet has met all of the specifications outlined in the bid package; and
WHEREAS, the funds have been allocated in the 2008-2009 Water Budget, Account Number #06015150-504811; now therefore, be it hereby
RESOLVED: that the Town Council authorizes the Finance Director to purchase a 2009 4 x 4 Pickup Truck from Liberty Chevrolet of Wakefield, MA in the amount of $19,230.00.
Resolution Authorizing The Purchase Of Vehicles And The Financing Thereof Through A Master Lease Agreement And Authorizing The Execution And Delivery Of A Master Lease Agreement, Equipment Schedule, An Acquisition Fund And Account Control Agreement, And Related Instruments, And Determining Other Matters In Connection Therewith
08/09-30
WHEREAS, the Director of Finance issued a bid for the lease financing of certain vehicles (the "Equipment") and the Director of Finance reported to the Town Council regarding the proposals received; and
WHEREAS, the Town desires to obtain the Equipment described in Equipment Schedule Nos. 01 and 02, a three-year lease and a five-year lease, to the Master Lease Agreement (collectively, the "Lease") adopted in the FY2008-2009 Budget with SUNTRUST EQUIPMENT FINANCE AND LEASING CORP.; and
WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and
WHEREAS, the funds made available under the Lease will be deposited with SUNTRUST BANK (the "Escrow Agent") pursuant to an Acquisition Fund and Account Control Agreement or similar agreement between Lessee and the Escrow Agent (the "Escrow Agreement") and will be applied to the acquisition of the Equipment in accordance with said Escrow Agreement; and
WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and
RESOLVED that:
SECTION l. The Town Council hereby authorizes the Town Manager and the Finance Director acting on behalf of the Town, to purchase equipment and to finance the same through the Lease and the Escrow Agreement (the "Financing Documents"), subject to annual appropriation therefore by the Town.
SECTION 2. The form and other details, terms and conditions of the Financing Documents shall be fixed by the Town Manager and the Finance Director.
SECTION 3. The Town Manager and Finance Director are hereby authorized to enter into the Financing Documents and said officers are hereby authorized and instructed to take all actions, and to execute and deliver the Financing Documents and any related agreements, certificates and other documents in such form as they may deem necessary or desirable to implement the lease purchase financing of the equipment. Such officers are also authorized to take all action, on behalf of the Town, necessary to insure that interest component of the lease payments will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause the interest component of the Lease to become subject to federal income taxes.
SECTION 4. That this Resolution is an affirmative action of the Town Council of the Town toward the execution and delivery of the Financing Documents 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 paid on or after the date which is sixty (60) days prior to the date of this Resolution, but prior to the execution and delivery of the Financing Documents. Such amounts to be reimbursed shall not exceed $1,310,400 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 property is placed in service or abandoned, but in no event later than three (3) years after the date the expenditure is paid.
SECTION 5. This Resolution shall take effect upon its passage.
Resolution Authorizing Payment To The Permanent Columbus Day Parade Committee From The FY2007/2008 Budget
08/09-31
WHEREAS, the Town of Westerly has allocated funds in Account 01011801-506760 of the FY2008/2009 budget for use by the Permanent Columbus Day Parade Committee; and
WHEREAS, the Permanent Columbus Day Parade Committee is requesting release of these funds to help offset major expenses in the planning of the Columbus Day Parade; now therefore, be it hereby
RESOLVED: That the Finance Director be authorized to make payment in the amount of $5,000.00 to the Permanent Columbus Day Parade Committee, P.O. Box 137, Westerly, RI 02891.
Resolution Authorizing The Addition To the Supplemental Tax Rolls
08/09-32
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:
| 2008 Added MV Tax | | 1584.40 |
| 2008 Added PP Tax | | 209.99 |
| | | |
| Total Added Tax | | $1,794.39 |
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
08/09-33
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:
| 2008 RP Tax Roll | | 2400.24 |
| 2008 PP Tax Roll | | 160.79 |
| 2008 MV Tax Roll | | 2532.10 |
| 2007 MV Tax Roll | | 301.53 |
| 2006 MV Tax Roll | | 550.37 |
| 2002 MV Tax Roll | | 220.59 |
| 2001 MV Tax Roll | | 429.33 |
| 2000 MV Tax Roll | | 223.04 |
| TOTAL | | $6,817.99 |
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 Addition To The Pro-rated Tax Roll
08/09-34
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:
2008 Town Increase $57,553.43
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 Corrections To The Water And Sewer Accounts Department Accounts Receivable
08/09-35
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
Ryan Russell Abatement $ 60.00 Account was billed for
SS# 0903096400 seasonal fees; account is
not seasonal
Robert Broccolo Abatement $304.25 Incorrect reading
SS# 0801006500
Charlene Geer Abatement $ 63.00 Billed in error; curbstop
SS# 0801029600 leaking is owned by
Water Dept
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 $427.25
Resolution Authorizing Payment To The Law Firm Of Revens, Revens & St. Pierre
08/09-36
WHEREAS, the Town of Westerly has retained the counsel of Revens, Revens & St. Pierre as special counsel for workers’ compensation, and
WHEREAS, Revens, Revens & St. Pierre has submitted an invoice for professional services rendered for said endeavors in the amount of $612.50, and
WHEREAS, the Town Solicitor has reviewed said billing and has 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 2008/2009 Professional Services account # 01010501-502900 in the amount of $612.50 for the attached invoice to Revens, Revens & St. Pierre, 946 Centerville Road, Warwick, RI 02886.
Resolution Authorizing Payment To John J. Turano, Esq.
08/09-37
WHEREAS, the Town of Westerly has retained Atttorney John J. Turano as special counsel for Winnapaug Tank claims, and
WHEREAS, Attorney John J. Turano has submitted an invoice for professional services rendered for said endeavors in the amount of $2,375.00, and
WHEREAS, the Town Solicitor has reviewed said billing and has 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 2008/2009 Water Department Account #06031910-504374 in the amount of $2,375.00 for the attached invoice to John J. Turano, Esq., 7 Iroquois Avenue, Westerly, RI 02891.
Resolution Authorizing Payment To The Law Firm Of Comolli & LaMountain, Ltd.
08/09-38
WHEREAS, the Town of Westerly has retained the law firm of Comolli & LaMountain, Ltd. as counsel for litigation matters, and
WHEREAS, Comolli & LaMountain, Ltd. has submitted invoices for professional services rendered for said endeavors in the amount of $353.75, and
WHEREAS, the Town Solicitor has reviewed said billing and has 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 authorize the Finance Director to pay from FY 2008/2009 Professional Services account # 01010501-502900 in the amount of $353.75 for the attached invoices to the law firm of Comolli & LaMountain, Ltd., 15 Franklin Street, Westerly, RI 02891.
Resolution Authorizing Payment To Leo F. Manfred II, Esq.
08/09-39
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 endeavors in the amount of $1,275.00, and
WHEREAS, the Town Solicitor has reviewed said billing and has 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 2008/2009 Professional Services account #01010501-502900 in the amount of $1,275.00 for the attached invoice to Leo F Manfred II, Esq., 132 Watch Hill Road, P.O. Box 1996, Westerly, RI 02891.
Resolution Authorizing Payment To The Law Offices Of Ursillo, Teitz & Ritch, Ltd.
08/09-40
WHEREAS, the Town of Westerly has retained the Law Firm of Ursillo, Teitz & Ritch, Ltd. to represent the Town on specific police matters, and
WHEREAS, the Law Firm of Ursillo, Teitz & Ritch, Ltd, has submitted invoices for professional services rendered on these matters in the amount of $8,010.05, 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 FY 2008/2009 Professional Services account # 01010501-502900 in the amount of $8,010.05 for the attached invoices to the Law Firm of Ursillo, Teitz & Ritch, Ltd., 2 Williams Street, Providence, RI 02903.
Resolution Authorizing Payment To The Law Firm Of Naccarato & Fracassa
08/09-41
WHEREAS, the Town of Westerly has retained the counsel the firm of Naccarato & Fracassa as special counsel for Municipal Land Trust matters, and
WHEREAS, Naccarato & Fracassa has submitted invoices for professional services rendered for said endeavors in the amount of $590.00, and
WHEREAS, the Town Solicitor has reviewed said billing and has 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 2007/2008 account # 01021801-508311 in the amount of $590.00 for the attached invoice to Naccarato & Fracassa, 96 Franklin Street, P.O. Box 2976, Westerly, RI 02891.
c. Appointments
Councilor Avedesian nominated Edward P. DePerry for re-appointment to the Juvenile Hearing Board.
A vote was taken on the nomination to appoint Edward P. DePerry of 66 Elm Street, Unit 3, to the Juvenile Hearing Board for a three-year term, expiring 9/30/2011 and the nomination carried. (Voted Unanimously)
2. Planning Board – Full Member
Councilor Avedesian nominated Mark Anthony, Robert Chiaradio, Jr., Gail E. Mallard, M. Ann Lamb for appointment to the Planning Board.
A vote was taken on the nomination to appoint Mark Anthony of One Babcock Road to the Planning Board for a five-year term, expiring 8/2013, and the motion was defeated. (Voted 3 to 1 – Councilors Azzinaro, Buck and Council President DiMaio dissented; Councilors Duhamel and Cooke abstained)
A vote was taken on the nomination to appoint Robert J. Chiaradio, Jr. of 31 Cove Road to the Planning Board for a five-year term, expiring 8/2013, and the nomination carried. (Voted Unanimously)
3. Planning Board – Auxiliary Member
Councilor Avedesian nominated M. Ann Lamb for appointment as auxiliary member to the Planning Board. Councilor Cooke nominated Mark Anthony for said position.
A vote was taken on the nomination to appoint M. Ann Lamb of 30 George Street as auxiliary member to the Planning Board, term expiring 8/2013, and the nomination carried. (Voted Unanimously)
4. Alternate Energy Study Committee
Councilor Avedesian nominated Claudia Peduzzi and Tobias M. Goodman, M.D. for appointment to the Alternate Energy Study Committee.
A vote was taken on the nomination to appoint Claudia Peduzzi of One Dennis Court to the Alternate Energy Study Committee for an indefinite term and the nomination failed. (Voted 1 to 4 – Councilors Cooke, Avedesian, Azzinaro and Council President DiMaio dissented; Councilor Duhamel abstained)
A vote was taken on the nomination to appoint Tobias M. Goodman, M.D. of 69 Noyes Neck Road to the Alternate Energy Study Committee for an indefinite term and the nomination carried. (Voted Unanimously)
a. Liaison Reports
1. Sign Ordinance Study Committee – Councilor Buck reported that the Sign Ordinance Study Committee has a draft ordinance ready to present to the Council at a future meeting.
2. Cox Communications – Councilor Cooke reported that RI Public Broadcasting Station will no longer be providing live coverage of the town meetings. He explained that the Town of Westerly is the only town within the state to have a live feed of the Council meetings, noting that other communities have their meetings recorded and televised at a later time. He stated that the Town currently pays the camera operator for two of the four monthly meetings and that the Council will need to find the funds if it wishes to continue to televise the meetings. He explained that, once PBS removes the modulator, the meetings will be taped and shown at a later date, which he felt is a disservice to the public. He suggested that the Council send letters to PBS letting them know that the Town is serious about keeping a live broadcast of town meetings. He stated that he will provide the Town Clerk with the names and addresses of the individuals to contact. He encouraged viewers to contact the local legislators and to send letters to the Town Hall to show their support of keeping a live broadcast of town meetings.
Council President DiMaio directed Town Solicitor Hartford to send letters to RI Public Broadcasting System, Governor Carcieri, and Public Utilities, with copies to the local legislators, regarding the Town’s need to maintain coverage of council meetings. She referred this matter to the September 8, 2008 Meeting for discussion with all notified parties being invited to attend to participate in the discussion.
Town Manager Turo was directed to check the budget for available funds to pay the cameraman, Robert Barber, and report back to the Council at the September 22, 2008 Meeting.
3. Fisherman’s Avenue Pump Station – Councilor Duhamel reported that he is working with the Town Engineer and CRMC on alternatives for the pump station.
Councilor Azzinaro addressed the recent photograph in The Westerly Sun which showed approximately 10 inches of water in the road. He reported that 99% of the water was gone the next day as a result of the work that has been completed on the Misquamicut Drainage Project. He believed that the water will dissipate more quickly once the pump station is operating.
4. North End Crime Watch – Councilor Duhamel announced that the North End Crime Watch Committee will hold a picnic on Sunday, August 24, 2008, from 12 noon to 4:00 p.m., at the White Rock field and that everyone is invited to attend.
5. Subcommittee to Study Airport Issues – Councilor Duhamel reported that the Subcommittee held a public hearing on Wednesday, August 13, 2008, to address the noise study of the Westerly Airport. He noted that Senator Dennis Algiere was in attendance. He stated that the meeting defined the next step of the noise study and that the public provided many productive comments. He stated that the Subcommittee has been helpful in coming up with solutions and has been diligent, but that there is still a long way to go.
Council President DiMaio stated that she attended an earlier meeting and asked the Rhode Island Airport Corporation to record its land restrictions in the land evidence records of the Town Hall so that surrounding property owners will be made aware of any restrictions placed on their land.
Councilor Avedesian reported that the Rhode Island Airport Corporation did a wonderful job on the noise study, but that the residents asked what can be done if the noise level exceeds 65 decibels once the sound study is completed.
b. Town Council – 8/18/08
1. Item #2 8/18/08 – From Westerly Municipal Land Trust – re: Spending – Councilor Cooke stated that the Council needs to address the Land Trust’s request for funding. He requested that the matter be referred to the next agenda.
Council President DiMaio referred the aforesaid matter to the September 8, 2008 Meeting for discussion.
2. Item #1 8/18/08 – From Council President DiMaio – re: National Neighbor Day – Council President DiMaio reported that Senator Jack Reed has presented a resolution for a National Neighbor Day and that he forwarded her a copy of the Congressional Record.
c. Town Manager – 8/18/08
1. Item #4 8/18/08 – Correspondence from Paul Corina, Utilities Superintendent, July 24, 2008 – re: Vacancy of Parts Specialist – Town Manager Turo noted the aforesaid correspondence regarding the shifting of positions within the Utilities Department.
It was the consensus of the Council to acknowledge the decision of Utilities Superintendent Corina.
d. Town Solicitor – 8/18/08
1. Item #2 8/18/08 – Letter from Attorney Priestly – re: Request for additional consideration on Moore sewer fees – Town Solicitor Hartford reported that the Moore Company sent him a letter seeking consideration from the Council to be placed on a future agenda. He explained that the Moore Company is not looking for additional monetary relief on their sewer use fees, but to incorporate the relief already granted in a different ordinance so that it would be on a permanent basis rather than on the annual schedule.
Council President DiMaio referred the aforesaid matter to the September 15, 2008 Meeting for discussion.
2. Item #4 8/18/08 – Memorandum from Town Engineer Jonathan Pratt – re: Uzzi Avenue – Responding to Councilor Azzinaro, Town Solicitor Hartford explained that Town Engineer Pratt is of the opinion that Uzzi Avenue is a privately-owned, unimproved way; that it was never accepted as a town road; and that it was not improved to town standards. He stated that, if the Town wanted to declare it a town road, the Town would be assuming all of the responsibilities for upgrading, widening and maintaining the road. He reported that, to his knowledge, a majority of the residents residing on the road are not seeking to have the Town assume ownership of the road.
Council President DiMaio referred the aforesaid to the September 22, 2008 Meeting for discussion.
e. Town Clerk – 8/18/08
f. Agenda Referrals (Items to be assigned to future agendas)
1. Sign Ordinance Study Committee – Council President DiMaio referred the Sign Ordinance Study Committee to the September 22, 2008 Meeting for its presentation of the draft sign ordinance.
2. Blue Ribbon Task Force – Town Manager Turo was directed to review the Task Force Report and the Chamber of Commerce Report and report his recommendations to the Town Council at the September 8, 2008.
3. Peak Oil Task Force – Council President DiMaio referred the aforesaid matter to the September 8, 2008 Meeting for discussion and consideration of a Citizens Advisory Committee.
4. Napatree Lagoon – Council President DiMaio directed Town Solicitor Hartford to review the ordinance regarding the existing coordinates and report back to the Council at the September 15, 2008 Meeting.
5. Wuskenau Beach Fees – Council President DiMaio referred the letter from Recreation Board Chair Chiaradio to the September 22, 2008 Meeting to discuss the sharing of costs of providing lifeguard services at Wuskenau Beach by private parking lot owners on north side of Atlantic Avenue.
6. Moore Company – Council President DiMaio directed that the request from the Moore Company to develop an ordinance to incorporate relief of sewer charges be referred to the September 15, 2008 Meeting for discussion.
7. Substance Abuse Task Force – Council President DiMaio directed that the Substance Abuse Task Force be referred to the September 22, 2008 Meeting to discuss its receipt of a Federal Grant and a program that will be implemented as a result of the grant.
8. Westerly Municipal Land Trust – Council President DiMaio referred the Westerly Municipal Land Trust to the October 6, 2008 Meeting to address its request for operating funds.
9. Culinary Events At Bed & Breakfast Establishments – Councilor Cooke asked that the Council consider a town-wide ordinance that would allow all bed and breakfast establishments the opportunity to offer culinary events. He was not in favor of requiring each bed and breakfast establishment to submit individual applications.
Council President DiMaio referred the aforesaid matter to the October 6, 2008 Meeting for discussion.
10. Town’s Website – Council President DiMaio directed that a discussion on the revamping of the Town’s website, as suggested by the Blue Ribbon Task Force, be referred to the October 6, 2008 Meeting and that IT Manager Giocomina Birkbeck be invited to participate.
11. Alternate Energy Study Committee – Council President DiMaio directed that the appointment of an alternate member to the Alternate Energy Study Committee be referred to the September 8, 2008 Meeting.
12. Economic Development Commission – Councilor Duhamel stated that one of the recommendations of the Blue Ribbon Task Force was to reconstitute the Economic Development Commission as a seven member working committee.
Council President DiMaio stated that the Council can begin accepting applications for an Economic Development Commission and review the ordinance which established the Commission.
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. Jack Felber, 74 Bay St – re: Napatree Lagoon; one of the issues that makes it confusing is that it is described as latitude and longitude; ordinance has the coordinates flipped by giving longitude and latitude; will be able to eliminate some confusion if use four points and enclose the area in the ordinance
b. Jamie Pimental, owner of Christina’s Ltd., 119 Bay St, WH – re: Napatree Point access; finds the title searching and surveying alarming; vote will be taken at end of month on an easement proposal by the Watch Hill Conservancy to have full control over the Watch Hill Fire District property to deal with conservation efforts; motive behind proposal is troubling; Napatree is more preserved than it has ever been; don’t need big brother watching conservation efforts
11:03 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.