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TOWN OF WEST WARWICK
TOWN COUNCIL MEETING
TUESDAY, SEPTEMBER 1, 2020
7:00 P.M.
MINUTES
A. The meeting called to Order by the Town Council President Gosselin at 7:01 p.m.
B. Prayer was led by Council Vice President D’Amico
C. The Pledge of Allegiance was led by Councilman Messier
D. Roll Call taken by Town Council Clerk
Members Present:
Councilman Licciardi
Councilman Messier
Councilwoman Williamson
Council Vice President D'Amico
Council President Gosselin
Members Absent: None
E. Quorum on Record Declared by Town Clerk
The Town Council Clerk declared a quorum for the record.
Others present: Town Manager Ernest Zmyslinski, Town Solicitor Tim Williamson, Finance Director Kristen Benoit
F. Discussion/Action/Vote of Town Council.
Any matter on this portion of the agenda may be acted upon by way of topic discussion and action by the Town Council with a vote on the record to approve, amend, deny or table the agenda item.
Discussion regarding actions and planning pertaining to addressing COVID-19 Virus and the impact on town operations. 
Town Manager Zmyslinski gave an overview of PPE:
· Received to date:
o 25 plexiglass countertops
o Eight (8) sanitizing floor mats
o Tempered glass barriers for the Town Clerk’s Office and vault
· On order:
o Tempered glass for the Tax Assessors Office
o Three (3) kiosk hand sanitizing stations
o Three to four thermal scanners for Town Hall
Chief Varone explained that thermal scanners are able to identify if a person is wearing a mask and takes a person’s temperature, indicating if it is over 100.4. Chief Varone noted that these scanners are highly accurate and have additional technological abilities that can be employed if, or as, necessary.
Town Manager Zmyslinski reported that draft operating plans for re-opening have been sent to all directors to assess how departments will be impacted by when the town hall re-opens. The draft plan will be revised as needed.
G. Financial update of expenses and revenues for period ending June 30, 2020.
Finance Director Benoit gave an overview of finances for period ending June 30, 2002. Revenues came in close to on target. A $2 million surplus is being projected for FY20.
H. MINUTES OF PREVIOUS MEETING–
Approval of minutes of July 7, 2020 (as amended), July 21, 2020 and August 11, 2020 Town Council Meetings and the July 14, 2020 Financial Town Meeting (previously tabled).
Council Vice President D’Amico made a motion to take this item off the table, seconded by Councilwoman Williamson.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
Council Vice President D’Amico moved the item, seconded by Councilman Messier.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
I. CONSENT AGENDAS - License Applications:
1. (Renewal) Business License: Wiremasters, Inc, 1600 Division Street
2. (Renewal) Business License: Riken Construction, LLC, 1 Tiogue Avenue
3. (Renewal) Business License: The Computer Doctor, 715 Providence Street
4. (Renewal) Business License: USA Realty, 289 Cowesett Avenue, Suite 14
5. (Renewal) Business License: 3Z Realty LLC, 23A Washington Street
6. (Renewal) Business License: Roger Williams Auto Sales, 60 Providence Street
7. (Renewal) Business License: Salon 707 LLC, 707 Quaker Lane
8. (Renewal) Business License: FMalaby LLC, 16 Harbor Avenue
9. (Renewal) Business License: TMWC Activity Professional Academy, 55 Carlson Circle
10. (Renewal) Business License: Kaitlyn Amaral Photography, 10 McTeers Court, Unit 1
11. (Renewal) Business License: Hair Heaven, 289 Cowesett Avenue, Unit 13
12. (Renewal) Business License: Unique Fitness LLC, 263 Quaker Lane
13. (Renewal) Mechanical Amusement: Phenix Sportsmen’s Club, 715 Main Street
14. (Renewal) Mechanical Amusement: Crompton Veterans Organization, 37 Hepburn Street
15. (Renewal) Mechanical Amusement: Senerchia Post Building Association, 681 Providence Street
16. (Renewal) Mechanical Amusement: Portuguese Holy Ghost Society, 11 Ventura Street
17. (Renewal) Private Detective License: James H. Ayer, 8 Comfort Way, Coventry
18. (New) Amplifier/Loud Speaker/Theatrical Performances & Shows- Roger Vachon, 52 Oriole Avenue, Wedding, October 15, 2020, 5 p.m.-11 p.m.
Council Vice President D’Amico moved the item, seconded by Councilman Licciardi. Councilman Messier recused himself from this vote.
Roll Call Vote:
Councilman Licciardi Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The motion passed.
J. Ordinance 2020-9 - (first reading) (sponsored by Councilman Licciardi) –
An ordinance amending Appendix C Traffic Ordinances of the Code of Ordinances of the Town of West Warwick to include:
· ‘No Parking’ sign on the south side of Pulaski St. from intersection with Manchester St. to intersection with Main St.
· ‘No Parking’ sign to corner from north side of Woodside Ave from 3 Woodside Ave. and Main St.
Council Vice President D’Amico moved the item, seconded by Councilman Messier.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
K. Ordinance 2020 -10 -(first reading) (sponsored by Council President Gosselin) –
An ordinance amending ‘Chapter 18 Taxation, Article I in general” of the Code of Ordinance for the Town of West Warwick by adding thereto “Section 18-16 Adjustment of Exemptions upon revaluation”.
Council Vice President D’Amico moved the item, seconded by Councilwoman Wiliamson.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
L. Ordinance 2020-11 - (first reading-previously tabled) (sponsored by Council President Gosselin) –
An ordinance authorizing a budget amendment which will move funds to salary lines for raises that occurred as a result of Collective Bargaining that occurred after the budget was adopted.
Councilwoman Williamson made a motion to take this item off the table, seconded by Council Vice President D’Amico.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
Council Vice President D’Amico moved the item, seconded by Councilman Messier.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
M. Ordinance 2020-12 - (first reading) (sponsored by Council President Gosselin) –
An ordinance amending Chapter 16, Streets and Sidewalks, Article H, Driveways and Curb Cuts, Section 33-Plan Required; Supervision and Section 34-Waiver of restrictions on location and dimensions of driveways of the Code of Ordinances for the Town of West Warwick.
Council Vice President D’Amico moved the item, as amended, seconded by Councilman Messier.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
N. Ordinance 2020-13 - (first reading) (sponsored by Councilman Licciardi) –
An ordinance amending Chapter 15, Residential, Commercial and Industrial Users of the Regional Wastewater Treatment Facility Sewer Use Ordinance, Section 21, summary of Fees of the Code of Ordinances of the Town of West Warwick.
Council Vice President D’Amico moved the item, seconded by Councilman Messier.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
O. Ordinance 2020-14 - (first reading) (sponsored by Councilman Messier) –
An ordinance amending Appendix C Traffic Ordinances of the Town of West Warwick:
APPENDIX C
TRAFFIC ORDINANCES
LOCATION SIGN DESCRIPTION
Rathbun St. Stop Sign Stop sign on Rathbun St. at
the intersection with Andrews Ave.
Council Vice President D’Amico moved the item, seconded by Councilman Messier.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
P. Resolution requesting that the Town Council consider the purchase of Taser products
(X26P Tasers, batteries, cartridges and holsters) totaling approximately $8000.50; ALS Pacem Defense Munitions totaling approximately $3991.70; Atlantic Tactical Simunition rifle conversion kits totaling approximately $1449.92; AAA Supply FX9000 protective throat collars totaling approximately $528.00; and Empire V2.1 Thermal PROtector helmets totaling approximately $659.40. These specific purchases will be compliant with the Town’s purchasing protocols and policies.
The purchase will be funded from the Police Capital Reserve- 1st Responder Tactical & Training Equipment for a total expenditure of $14,629.52.
Council Vice President D’Amico moved the item, as amended, seconded by Councilwoman Williamson.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
Q. Resolution requesting that the Town Council approve the Mutual Aid agreement between the West Warwick Police Department and the Coventry Police Department,
renewing with modification 2013-26 dated February 5, 2013.
Council Vice President D’Amico moved the item, as amended, seconded by Councilwoman Williamson.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
R. Resolution requesting that the West Warwick Town Council hereby approves the purchase
of a 2021 Ford F-150 pick-up truck for a sum not to exceed $32,500.
Chief Varone explained that this will be a new truck, not a used truck, and that the language needs to be amended. Fire Chief Varone asked to table the item until an exact price was arrived at.
Councilwoman Williamson made a motion to table the item, seconded by Councilman Licciardi.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
S. Resolution requesting that the Town Council amend Resolution 2013-18, as amended by Resolution 2016-137, Appendix B:
APPENDIX B
FEES AND CHARGES
OF THE TOWN OF WEST WARWICK
PUBLIC WORKS DEPARTMENT
Curb Cut Approval 50 100
Council Vice President D’Amico moved the item, as amended, seconded by Councilwoman Williamson.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
TOWN COUNCIL ACTING AS A SEWER COMMISSION
1. Resolution No. SC2020-21 requesting that the Town Council approve a salary increase
of $5,000 to Michael Bedard, Assistant Superintendent of the West Warwick Wastewater Treatment Facility, in recognition of successfully passing the Grade 4 License exam required by the State of Rhode Island.
Councilwoman Williamson moved the item, as amended, seconded by Councilman Licciardi.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
2. Resolution No. SC2020-22 requesting that the Town Council approve a compensation payment
in the amount of $2,500 to former Chief Operating Officer Bernard Bishop for the utilization of his Grade 4 License at the Wastewater Treatment Facility for the months of May 2020 and June 2020 and for an amount equivalent to a 3.5% raise received by Department Heads for the period of July 1, 2019 through September 7, 2019.
Councilwoman Williamson moved the item, seconded by Councilman Licciardi.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
TOWN COUNCIL ACTING AS A TOWN COUNCIL
T. UPCOMING APPOINTMENTS:
1. Sewer Use Tax Board of Review: one (1) vacancy with terms to expire in 2024
2. Pension Committee: three (3) vacancies with terms to expire in 2022, 2023 and 2024
3. Zoning Board of Review: two (2) vacancies with terms to expire in 2025
4. Pawtuxet River Authority: one (1) vacancy with a term to expire 2023
U. DISCUSSION/ACTION:
1. Discussion regarding the Health Equity Zone securing funding for a wash station at Riverpoint Park (Sponsored by Councilman Messier).
Chief Varone reported that the funding for this Health Equity Zone project will come from Thundermist. No further action taken.
2. Update on Factory Street Playground (Sponsored by Councilman Messier).
Town Manager Zmyslinksi reported that the two playgrounds being reviewed are Riverpoint and Factory Street. The Gifford Design Group and O’Brien & Son have been retained to look at the sites and develop a plan for any corrective action that needs to be taken which would be approved by the Governor’s Commission on Disabilities. A meeting was held last Wednesday with George Gifford and Denyse Wilhelm, Assistant ADA Coordinator. A preliminary review that was done showed that the area on Factory Street was not level. There are several solutions including leveling out this area, adjusting handicap equipment, installing a driveway to the gate, building an appropriate pathway to the gate and a level area to all playground equipment. The work will be performed by DPW & Gifford. O’Brien will be called in to set the intricacies of the equipment to be in compliance with ADA requirements for accessibility. DPW Director Ouellette met with O’Brien and Son yesterday. Corrective action will include adding wood chips, shortening the swings, adjusting the entire fence and raising one section to make it level. The only piece that will have to be removed and reset is the Factory Street slide. The timeline will be set once additional employees are hired, which should be in the next two to three weeks.
Councilman Messier asked if the Town is in good standing with the State, how much it is going to cost to fix and is there any recourse for the developers who put this in?
Director Ouellette reported that we are in good standing with the State as long as we continue to show progress. Riverpoint should be done in the next month. There won’t be a lot of cost for the Factory Street Playground as DPW will do most of the work. The Town will have to pay for the parking lot and walkway.
Councilwoman Williamson asked if the Factory Street Playground was ever ADA complaint, as was told to the Town Council previously. DPW Director Ouellette responded that it was never ADA compliant. Councilwoman Williamson also expressed concern that other important projects that have already been on the back burner for too long will be further delayed, to accommodate these projects and, if this is the case, it would be unacceptable. DPW Director Ouellette explained that he has four new staff coming in plus one worker coming back which will give them the teams needed to get these jobs done.
Councilman Messier again asked about possible recourse. Town Solicitor Williamson stated that there is recourse if the company is in breach of contract. The Town would start by forwarding correspondence to the contractor indicating that the State has reviewed the project and found it not to be ADA compliant which means that they are in breach of contract. This would most likely end up in a lawsuit. DPW Director Ouellette also stated that the Town wouldn’t have much leverage in a lawsuit because we signed off on the contracts and the bonds and if we decide to go this route it will delay fixing the playgrounds for another year to a year and a half.
Councilman Licciardi asked for clarification as to whether Pro-Bilt was overpaid by $10,000 and asked if we can go back to Pro-Bilt to do this work done, expressing concern that if DPW focuses on the playgrounds, vital projects continue to be overlooked. Town Manager Zmyslinski suggested that, before thinking about litigation, we take the time to review the materials to see what was requested and what was built, and then see if there is liability.
Residents Brian Muoio, Tom Oates and Derek Read expressed concerns about this project.
Councilman Licciardi requested that the Town Council agree to have Town Solicitor Williamson be the point person on contacting Pro-Bilt and requested that the Town Solicitor look into this and give a preliminary report to the Town Council in two weeks. Town Solicitor Williamson will conduct a preliminary investigation and report back to the Town Council at the next Town Council meeting.
3. West Warwick Bike Path Maintenance Plan (Sponsored by Councilman Messier).
Messier thanked DPW for cleaning up the bike path and expressed the need for ongoing proper maintenance. DPW Director Ouellette reported that 500 rails and 250 posts will be replaced in November. Town Manager Zmyslinski noted that the Town parks, fields and the bike path are looking better. He also stated that six employee applicants (4 DPW, 2 Parks and Rec) are going through the background process now and will hopefully start work so. With the manpower, resources and equipment, DPW should be able to address the projects that need attention now.
4. Better enforcing minimum housing issues as a town. Ways to help allow our Building Inspector and Minimum Housing Director to have more tools to do their job, in the form of ordinances if need be (Sponsored by Councilman Messier).
Councilman Messier requested that no action be taken on this item tonight. Attorney Al DiFiore commented that this is an issue that is under discussion right now and he, the tax collector and building office have been working on it because there is a state property building code and state property maintenance code that our ordinances have to comply with. The Code of Ordinances for the Town are currently being updated and will include comparing all Town Codes with State Codes and updating as necessary.
No action taken.
5. Privatization of the parks department: Investigating what duties need to be done by a private company, what can be done in house and the cost of each (Sponsored by Councilman Licciardi).
Councilman Licciardi requested this item say ‘outsourcing’ the work, and not ‘privatizing’. He has been getting calls about the deplorable conditions of the fields and, playgrounds and bike path, which are an embarrassment for the Town. Due to the mild winter, work should have been done in March, April and May. Natick, Cal Ripken and Riverpoint fields were recently taken care of in three days after months of no attention. DPW Director Don Ouellette explained that until the resources are available, all of the jobs and projects cannot get done. Town Manager Zmyslinski commented that through contract negotiations the Parks and Recreation Department and the Department of Public Works workers have now become interchangeable, which allows the Town to put resources where they are needed. With the new contract the Town now has the ability to review and revise job descriptions, he is looking to this being a successful path in the future. Plans are being made at the State level that could affect Town operations but we are in a position to take on these projects and get them done. An assessment should be made regarding what resources are needed to use to gets projects done this year and not just what to expect in the future.
Councilman Licciardi asked what action was being taken as far as looking into outsourcing or what would it take to outsource. Town Manager Zmyslinski and DPW Director Ouellette are looking into this.
6. Discussion and action regarding advertising for the position of Interim Personnel Director. (Sponsored by Town Manager Zmyslinski).
Town Manager Zmyslinski noted that the position for Personnel Director has been difficult to fill. The acting Personnel Director works 15 hours per week and will be leaving at the end of Sept. Also, the Town Manager position will be vacant in early October. He recommended hiring interim positions while waiting to fill them permanently. President Gosselin noted that both positions would need to be advertised. Councilman Messier asked that a meeting be set up next week to discuss the two positions. A meeting will be scheduled by President Gosselin.
7. Charter Review Committee: Applications, vetting applicants, creating the committee, timeliness of meetings (Sponsored by Councilman Licciardi).
Town Solicitor Williamson recommended first appointing the members to the Commission and then taking their recommendation. Changes to the Charter can go on the May 2021 FTM ballot or the Nov 2022 General Election ballot. Keep this item on the agenda.
8. Discussion and action authorizing the Directors of Public Works and Finance to begin the process to acquire a Rescue, a Six Wheel Dump Truck with plow,
a Mid-Size Front Loader, a Hook Truck, a Mini Excavator, a Flail Mower and Trailer through the issuance of a Master Lease. All equipment will be acquired following the Town’s purchasing polices including the award of the equipment by the Town Council. The Town’s Bond Counsel will prepare the appropriate financing resolution for Town Counsel (Sponsored by Town Manager Zmyslinski).
Town Manager Zmyslinski noted that during town budget process these items were on the list of equipment to procure through the Master Lease Program. Council had previously authorized funds. This will start the process by giving authorization to the DPW Director to start the procurement process.
Councilwoman Williamson made a motion to move this item to start the process going, seconded by Council Vice President D’Amico.
Roll Call Vote:
Councilman Licciardi Yes
Councilman Messier Yes
Councilwoman Williamson Yes
Council VP D'Amico Yes
Council Pres Gosselin Yes
The vote was unanimous.
9. Sponsorship for 2020 West Warwick Steelers Golf Tournament (Sponsored by Councilman Messier).
Councilman Messier made a motion that the Town Council advertise at the $125 level, seconded by Councilwoman Williamson. Motion passed
V. PUBLIC COMMENT:
Designated portion of Town Council’s open meeting for Citizens to address comments to the Town Council relating to matters affecting the public business. (RIGL 42-46-2 (3) and RIGL 42-46-2 (6)).
Comments will only be addressed to the Town Council who will take them under advisement.
When addressing the Town 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.
Members of the Town Council, being the duly elected public body as identified in RIGL 42-46-2 (3) have no obligation to respond to the Public’s Comments.
President Gosselin read a note from Pete Cottrell thanking DPW for taking care of Bond Street and half of Nowicki.
Resident John Read commended the Town Council on addressing the playground problems and will bring about many findings. He is looking forward to seeing the results of Solicitor Williamsons’ report.
W. ADJOURN
Councilman Messier made a motion to adjourn, seconded by Councilwoman Williamson. The vote was unanimous.
The meeting adjourned at 10:25 p.m.
Marianne Kelly
___________________________
MARIANNE KELLY, CMC
TOWN COUNCIL CLERK