TOWN OF WEST WARWICK

 

TOWN COUNCIL MEETING

 

TUESDAY, FEBRUARY 16, 2021

 

MINUTES

 

 

 

 

A.         Meeting called to Order by the Town Council President

 

The meeting called to order by Town Council President Gosselin at 7:02 p.m.

 

B.         Roll Call taken by Deputy Town Clerk

 

Councilman Licciardi – Yes

Councilman Messier – Yes

Councilwoman Williamson – Yes

Council Vice President – Yes

Council President Gosselin - Yes

 

C.         Quorum on Record Declared by Deputy Town Council Clerk

 

Councilman Licciardi made a motion, to close executive session meeting under Section 42-46-4 and 42-46-(a)

 

D.         Discussion regarding actions and planning pertaining to addressing COVID-19 Virus and the impact on town operations.

 

Interim Town Manager Knott reported three categories regarding Covid:

 

·       We are very fortunate right now that there are only two employees out. One in Town Hall and one in DPW. Public safety and Sewer as of early this afternoon there was zero cases.

 

·       Town operations: Town Hall is partially open for early voting from February 10, 2021 through March 1, 2021. Helping with walk ins while they are here but still trying to do majority by appointment.

 

·       Chief Varone gave an update regarding vaccines: We have four first dosage dates set up for February 18 & 23, 2021 and March 4 & 9, 2021. They are alternating Tuesdays and Thursdays. The first two dates are booked and the other dates are more than three quarters of the way full. There are ten people making phone calls to the public. We are starting with people 90 years old and over, down from 90 and over to 85 and above and then will work way down to those between 80 and 85. The state has offered 800 doses. The 75 and over population that have submitted right now is around 1240. We have close to 100 people that have called back and said that they have gotten on the list at the CVS or Walgreens. Also, there will be regional pods where people can sign up to receive the vaccines. These are all the things that can help our population get vaccinated. First vaccination will be held this Thursday. Department of Health is supplying two hundred doses per week. There are four dates for a first dose and the same people will be coming back 4 weeks later for the second dose. So, we are getting eight weeks of 200 doses. 800 first doses and 800 second doses.

 

E.         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.

 

1.   Discussion and ratification of Executive Order 2021-2, amending Executive Order 2020-1.

Executive Order 2021-2 shall take effect on Tuesday, February 16, 2021 and shall remain in full force with the Town Council’s approval and shall continue in effect and automatically renew every seven (7) days, until Tuesday, March 16, 2021, unless discontinued earlier by either the Town Manager or Town Council.

 

Moved by Councilwoman Williamson, seconded by Council Vice President D’Amico and approved by a roll call vote:

 

Councilman Licciardi – Yes

Councilman Messier -Yes

Councilwoman Williamson -Yes

Council Vice President D’Amico – Yes

Council President Gosselin - Yes

 

 

2.   DISCUSSION

 

a. Discussion of Code of Ordinance update related to Home Rule Charter Sections 916 and 2003 and Code of Ordinances Chapter 2, Administration, Sections 2-7, 2-16 through 2-21, 2-202, 2-231 through 2-407 Chapter 10 Licenses & Business Regulations Section 10-3 and Chapter 12 Offenses-Miscellaneous Section 12-13. (sponsored by Council President Gosselin)

 

Moved by Council Vice President D’Amico, for discussion, seconded by Councilman Messier.

 

Al DiFiore, stated he placed this agenda to keep the Town Council updated on what has been going on for the past year with the code update. He reminded the Town Council that the contract with Municode had been approved last year. The Municode attorney, Sandra Fox, got in touch with Al in the past year making suggestions regarding various sections of the code. She would send these suggestions to Al DiFiore and he would review them against the statues and the charter. If there were a change in the ordinances that dealt with a particular department Al would send that change to the various department heads and get their opinions as to the changes that Sandra was recommending. The final piece is a recommendation that Al held off till the very end because of the nature of it. There are several sections in the Code of Ordinances that deal with personnel matters and Capital Improvement. There are references in the Charter regarding the Capital Improvement Manual. Sandra is making a recommendation of removing these sections out of the Code of Ordinances and placing them in manuals. Sandra could not attend the meeting tonight. Al read into the record her recommendations.

 

Municode recommends codifications of only those ordinances that are general and permanent in nature since policy is not intended to be permanent and is subject to frequent changes we recommend its exclusion. This is particularly true with regard to employee related provisions since they are not only subject to change but also of interest predominantly by employees and not the public at large. Where there is an outside publication or compilation such as a personnel manual and in your case a capital improvement manual we recommend grouping related items in that compilation as opposed to having it part in the code and part in the separate compilation. You should bear in mind that it is no issue to leave the policy provisions in the code if the town prefers, it creates a larger code requiring more maintenance in terms of time and expense in the future but that can certainly be done if the Town Council feels more comfortable leaving the provisions within the code.

 

What Municode is recommending and Al sent to the Council for approval is to remove from the code and put them in separate manuals that can be done by resolution as opposed to the first and second reading. Al did check with Sandra whether or not the Municode would put that publication together and Sandra stated yes and Al stated he would have to find out how much it would cost. Councilwoman Williamson stated the Charter actually has to go through the Charter Review Committee now to make changes. Al stated after the last Charter Review meeting he reached out to the Mr. Flynn, Chairperson of the Charter Review Committee and let him know that he was working on the code update and gave him his email and phone number and told him if he had any questions regarding the charter and the code to feel free and reach out to him. Also, there was a couple of codes that he was going to send Mr. Flynn regarding the charter and if he needs anything regarding the code side that Al would be there for him and vice versa.  Approved by a roll call vote:

 

Councilman Licciardi – Yes

Councilman Messier -Yes

Councilwoman Williamson -Yes

Council Vice President D’Amico – Yes

Council President Gosselin - Yes

 

 

3.   CONSENT AGENDAS - License Applications:      

 

a.       (New) Business License –John F. Palla -650 E. Greenwich Ave. 2-404

b.     (Renewal) Business License – Virginia Transportation Corp – 141 JP Murphy IND. HWY.

c.      (Renewal) Business License – Valerie G. Guere dba Gourmet Traveler/Time Travel-99 Pulaski Street

d.     (Renewal) Business License – Deborah A Seastrom dba RI State Constable Service II – 70 Potter Ave.

e.      (Renewal) Business License- Speedcraft AW LLC dba Speedcraft Acura – 883 Quaker Lane

f.       (Renewal) Business License-Speedcraft Nissan LLC dba Speedcraft Nissan – 885 Quaker Lane 

g.     (Renewal Victualing House License)- New England Authentic Eats LLC dba D’Angelo – 1199 Main Street

h.     (Renewal Victualing House License)-Famous Lefas Pizza dba Famous Pizza - 1738 Main Street

 

Motion made by Council Vice President D’Amico, seconded by Councilwoman Williamson and approved by a roll call vote:

 

Councilman Messier – Yes

Councilwoman Williamson -Yes

Council Vice President D’Amico – Yes

Council President Gosselin – Yes

Councilman D’Amico - Yes

 

4.   MINUTES OF PREVIOUS MEETING–

Approval of minutes of the February 2, 2021 Town Council Meeting.

 

Motion made by Council Vice President D’Amico, seconded by Councilwoman Williamson and approved by a roll call Vote:

 

Councilman Licciardi – Yes

Councilman Messier -Yes

Councilwoman Williamson -Yes

Council Vice President D’Amico – Yes

Council President Gosselin - Yes

 

 

5.   ORDINANCE 2021-2- (second reading) (sponsored by Councilwoman Williamson & Councilman Messier) –

An Ordinance amending Appendix C Traffic Ordinances of the Code of Ordinances of the Town of West Warwick.

 

Location	Sign	Description
Carrie Ann Dr.	Stop Sign	A stop sign on the northerly lane of Carrie Ann Dr. at the intersection with Shannon Lane
West St.	Stop Sign	A stop sign at the westerly intersection of the westerly route of West St. with the north - south route of West St.

 

Motion made by Council Vice President D’Amico, seconded by Councilwoman Williamson and approved by a roll call vote:

 

Councilman Licciardi – Yes

Councilman Messier -Yes

Councilwoman Williamson -Yes

Council Vice President D’Amico – Yes

Council President Gosselin - Yes

 

 

6.   CANCELLATION OF TAXES - (TAX COLLECTOR)

 

Resolved, that the attached Cancellations of Taxes in the amount of $99,623.59 in accordance a with Title 44-7-14 as authorized by the Tax Collector of the Town of West Warwick, and presented for the approval of the Town Council.

 

 

Account #	Receivable	Detail	Comments	Amount	Address 1	Address 2
43-6115-00	2019 Tang Tax Roll	FAMILY MED PLUS LLC	Bankruptcy	$   4,812.41	FAMILY MED PLUS LLC WILLIAM WELTER	325 QUAKER LANE WW RI 02893
45-7198-00	2017 TNG Tax Roll	NEIGHBORS EMERGENCY CENTER	Bankruptcy	$ 15,242.87	NEIGHBORS EMERGENCY CENTER NEIGHBORS HEALTH SYSTEMS INC	10800 RICHMOND AVE.  HOUSTON TX 77042
45-7198-00	2018 Tang Tax Roll	NEIGHBORS EMERGENCY CENTER	Bankruptcy	$ 77,873.59	NEIGHBORS EMERGENCY CENTER NEIGHBORS HEALTH SYSTEMS INC	10800 RICHMOND AVE.  HOUSTON TX 77042
51-0064-47	2015 MV Tax Roll	Multiple Items	Bankruptcy	$      356.07	ADAMS JOHN Q JR	81 HARDING STREET WW RI 02893
51-0064-47	2016 MV Tax Roll	Multiple Items	Bankruptcy	$      281.79	ADAMS JOHN Q JR	81 HARDING STREET WW RI 02893
51-0064-47	2017 MV Tax Roll	Multiple Items	Bankruptcy	$        58.79	ADAMS JOHN Q JR	81 HARDING STREET WW RI 02893
52-1182-40	2002 MV Tax Roll	Multiple Items	Bankruptcy	$      182.39	BREENE GINA M	15 BRAMBLE LN WW RI 02893
52-1182-40	2003 MV Tax Roll	Multiple Items	Bankruptcy	$      146.34	BREENE GINA M	15 BRAMBLE LN WW RI 02893
52-1182-40	2004 MV Tax Roll	1999 PON   GAS 074152	Bankruptcy	$        39.15	BREENE GINA M	15 BRAMBLE LN WW RI 02893
58-0131-91	2018 MV Tax Roll	2017 FORD F15 120211	Bankruptcy	$      314.31	HARDING ROBERT J	185 PROVIDENCE ST UNIT A341 WW RI 02893
58-0586-10	2019 MV Tax Roll	2005 TOYOT CAM LH208	Deceased	$        14.04	HOOD GLORIA J EST OF C/O ANN HOOD	300 PEARL ST APT 307 PROV RI 02907
68-0713-58	2016 MV Tax Roll	2003 FOR       054902	Bankruptcy	$      152.49	RODRIGUEZ GILBERTO	59 SHEFFIELD AVE. WW RI 02893
68-0713-58	2017 MV Tax Roll	2003 FOR       054902	Bankruptcy	$      149.35	RODRIGUEZ GILBERTO	59 SHEFFIELD AVE. WW RI 02893
				$ 99,623.59

 

Motion made by Council Vice President D’Amico, seconded by Councilwoman Williamson and approved by a roll call vote:

 

Councilman Licciardi – Yes

Councilman Messier -Yes

Councilwoman Williamson -Yes

Council Vice President D’Amico – Yes

Council President Gosselin - Yes

 

7.   CLAIMS – (Previously Tabled)-The Town Council hereby approves or denies the following claim against the town.

 

 Motion made by Council Vice President D’Amico to remove from table, seconded by Councilwoman Williamson for discussion.

 

a.  Josue Ariel Melendez

    31 Archambault Ave.

    West Warwick, RI 02893

    Pothole Claim

    In the amount of: $300.00

 

Council President Gosselin stated Josue never came in with the receipts from the work that was completed by him and his father after the Deputy Town Clerk reach out to him. 

 

Motion to deny made by Council President Gosselin, seconded by Council Vice President D’Amico and approved by a roll call vote:

 

Councilman Licciardi – Deny

Councilman Messier - Deny

Councilwoman Williamson – Deny

Council Vice President D’Amico – Deny

Council President Gosselin – Deny

 

 

 b.  Ana Paula Filuminia

    1185 Narragansett Blvd. Apt 110

    Cranston, RI 02905

    Pothole Claim of: $124.02

 

Motion to remove from table made by Council Vice President D’Amico, seconded by Councilwoman Williamson for discussion. Councilman Licciardi stated he was going to approve this claim but he would like to look into the procedure and also getting three estimates, it’s a little bit much especially if someone needs the car right away and getting three estimates takes time.

 

Motion made by Councilman Licciardi to approve the claim, seconded by Councilwoman Williamson and approved by a roll call vote:

 

Councilman Licciardi – Yes

Councilman Messier -Yes

Councilwoman Williamson -Yes

Council Vice President D’Amico – Yes

Council President Gosselin - Yes

 

 

8.   DISCUSSION/ACTION

 

a. “New Road Bond” discussion continued; specifically, regarding the required steps and/or actions needed to issue the bond. (sponsored by Council Vice President D’Amico)

 

Interim Town Manager sent out Road Bond Process memo on February 8:

·       There is a timeline issue so we need to make decisions now

·       Council needs decide about moving forward on seeking road bond funding and, if so, then determine the dollar amount

·       DPW Director and the Finance Director will be working towards the RI Infrastructure Bank (RIIB) submission and the DPW Director would establish the priority work list and obtain cost estimates

·       Ultimate bond amount should include money for both replacement and maintenance of roads   

·       Need to decide if you want to put this before the voters at the May 20, Budget Referendum or a later time. Also within your authority by Town Charter to borrow under the 3% percent debt limit statue without voter approval. The amount of road bond money is traditionally below that limit

·       Rhode Island Infrastructure Bank program gives a favorable rate but there are limits on how much we can borrow, so combination of RIIB and general obligation bonds may be needed

·       Depending on set up for financing you could potentially begin road work in July of 2021 or Spring of 2022.

 

Council President stated he would like to see it go before the voters but the problem is the dollar amount. 

 

Councilwoman Williamson believes we should start with the process right now and if we could start the work in 2021 people would be happy. Working with the bond counsel it sounds doable. The dead line on March 17 will come quickly.

 

Finance Director, Kristen Benoit stated for fiscal year 2023 she believes about $200,000 in debt service will be falling off.

 

Councilwoman Williamson stated that we should move ahead as quickly as we can and once the numbers have been solidified bring it before the council to determine the best method to get the money the town needs.

 

The Interim Town Manager stated we need something in process for that RIIB pool submission by mid-March and beginning of May or last week of April have everything submitted to the Town Clerks Office for the All-Day Referendum.

 

Finance Director stated the town is paying about $540,000 a year right now on the $5 million that was taken out in 2015. That is due to be repaid in 2025 as the financing was for ten years.  The Finance Director wouldn’t feel comfortable with adding more debt services than that in 2023.

 

Council President Gosselin stated to run the numbers and bring to the council to decide from there.

 

b. Monthly update on the process of the Historical Society Building Project. (sponsored by Councilman Licciardi)

 

Jerry Tellier stated the exterior has been completed and the only thing that has to be done is exterior painting and the handrails other then that everything is done. To make the Council aware now it cost approximately $15,000 over budget and the main reason for that is we had an allowance on the lumber and the cost of lumber prices are skyrocketing. Out of their pockets it is about $169,000 that was spent with no finish work on the inside and that does not include any excavating that was done by a local contractor for free and the backfilling etc. This was done with grants and donations. No taxpayer dollars were used on this project. They have continued to apply for more grant money. The Historical Society is currently open by appointment only due to Covid.

 

c. Factory Street Playground; Ground Cover & Compliances for Handicapped Accessibility.

Discuss council’s opinion on further long form discussion on matters related to The Playground at a Workshop dedicated to only Playground Matters. (sponsored by Councilman Messier)

 

Councilman Messier looking to get update and which direction the Town Council would like to go as far as the ground covering. It was discussed late last year potentially making it the rubber mat and what the pricing would be and if we want to move into that direction and we can start with that. Councilman Messier is in favor of the rubber mat and was wondering what the rest of the council thinks. Council President Gosselin asked the DPW Director where we stand with this project. DPW Director stated he is waiting on the decision regarding the chips versus the rubber mat. He received a price on the matting it’s over $100,000 approximately $118,000. We have not gone out to bid waiting at least to see if we can get funding before going out to bid. The parking lot is about $8,000 item and hoping to get that done this Spring once the ground dries up. Already purchased the bollards to put in. Also ordered the foam that goes on top of the fence. Once we get the excavator in there then we can place the rocks to prevent any cars from crashing into the playground. The playground is level and the parking lot is designed to be ADA compatible and also have the transition piece for the front gate that was donated to us ready to be installed. If the town goes with the rubberized matting I have to wait for the funding to be available and go out bid you are looking at a three to four-week process to get the bidding done. Once that is done your looking at another two weeks of mobilization. You’re looking at July 4 or July 15 its not a whole lot of work to put the rubber mat in. The rubber mat would last about ten to fifteen years at that point the uv rays and weather will start to wear out. Councilman Licciardi asked the DPW Director stated mulch versus matting what is the cost. Last year cost for mulch was $23.00 a yard you would need at least 90 tons which would cost around $3,000 to $5,000. The cost comes in is the labor the purist would want you to rake it every 15 minutes or every time a child jumps in it. The DPW would probably get out there twice or three times a week you would have to decide if that’s acceptable or not acceptable. Don’t replace all of the mulch every year you would add 12 inches in the first year and the second year 6 inches and fluffy up the bottom and the new mulch on the top and add as needed.

 

Councilwoman Williamson suggested the Interim Town Manager look at the numbers. She also believes that there might be grant opportunities for ADA and handicapped accessible playgrounds. She asked the Interim Town Manager to do some work and legwork to come up with a game plan on how to proceed. We want to make sure this gets done right including getting the state to sign off on this playground in writing. She feels, once done, it will be a show piece for West Warwick.

 

 

d. Update on Crompton Mill smokestack removal. (sponsored by Interim Town Manager)

 

The Interim Town Manager stated we have the insurance documents and performance maintenance bonds in hand. The Interim Town Manger signed the contract after it was reviewed by the Town Solicitor and was sent to the engineers to put the final product together. Should get back sometime tomorrow morning and will be issue the notice to proceed. The vendor will then schedule the demolition anytime between tomorrow and hopefully February 24^th. If he is unable to do it by then the vendor will be on vacation for a week so demolition would happen shortly after March 8. Hopefully, it will be gone by the next Town Council Meeting.

 

9.   APPOINTMENT/REAPPOINTMENT - LIBRARY BOARD OF TRUSTEES

 

a.  Andrea I. Plaziak

     18 Harley Street

 

Motion made by Councilwoman Williamson to move the name of Andrea I. Plaziak, seconded by Council Vice President D’Amico and approved by a roll call vote:

 

Councilman Licciardi – Yes

Councilman Messier -Yes

Councilwoman Williamson -Yes

Council Vice President D’Amico – Yes

Council President Gosselin - Yes

 

10. APPOINTMENT/REAPPOINTMENT – JUVENILE HEARING BOARD

 

a.  Thomas P. Oates

    6 Colonial Way

 

b. Paul D. Ventura

     46 Atwood Street

 

Motion made by Council Vice President D’Amico to move the name of Paul D. Ventura, seconded by Councilwoman Williamson. Council President Gosselin stated for the recorded that Thomas Oates withdrew his name out of respect to Paul and he was very qualified and at the point he would withdraw his name. Approved by a roll call vote:

 

Councilman Licciardi – Yes

Councilman Messier -Yes

Councilwoman Williamson -Yes

Council Vice President D’Amico – Yes

Council President Gosselin - Yes

 

 

11. UPCOMING APPOINTMENTS:

 

a.  Sewer Use Board of Review: one (1) Alternate member vacancy with a term to expire on 10/2021, & (2) vacancy with a term to expire 10/2023

b.  Pension Committee: three (3) vacancies with terms to expire in 2021, 2022 and 2023

c.  Pawtuxet River Authority: one (1) vacancy with a term to expire 6/30/2023   

d.  West Warwick Public Library Trustees – one (1) vacancy term to expire 02/2021

e.  Recreation Committee – one (1) vacancy

f.  Juvenile Hearing Board – one (1) vacancy – term to expire 12/2024 

g.  Tree Warden

h. Westbay Community action Board (West Warwick representative) – one (1) vacancy

i.  Board of Assessment & Review – (1) vacancy term to expire 03/2021

 

 

12. 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 the  meeting is 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.

 

 

·       Thomas Oates - Brought up the issue regarding the drop off by the Providence Journal of a small newspaper advertisement to buy their subscription. They continually drive up and down the streets of the community tossing them out the window in front of homes that do not have home delivery. It is littering and makes a mess. Is there some kind of ordinance regarding this issue? It is fine if someone has a subscription but the majority of the people do not. Council President Gosselin stated they will look into that matter

 

·       John Read - 62 Andrews Ave. – (Playground) John stated he sent out a rebuttal to the investigation that Mr. Williamson put out and only received response from two. Things seem to get overlooked and people’s duties seem to be forgotten. There was an issue regarding the contract and who was supposed to write the contract and who didn’t write the contract for the playground. Under the articles in the charter for the solicitor Article B says a duty of the solicitor is to examine and make recommendations on the form of all ordinances and resolutions and the form of all invitations for bids and contracts and any other legal documents sent out by any department office or agency of the town. If it has been forgotten in the past maybe it should be reactivated. The structural part of the playground that will get resolved. We have the resources to help you with this and that will be your decision. Suggest having a workshop on this matter but it is a council decision.

 

·       Denise Lopez – East Greenwich - Questions regarding Med Recycler Project and the town just hired EA Engineering, Science and Technology, Inc for the analysis and just wondering if the public will get to know what the contract encompasses and if simulation software is used. Asked how do you perform analysis without knowing the parameters such as what material there are and the properties of those materials. Truck loads of exactly what and what conditions and exactly what scenarios are included in the analysis and what is the validity of analyzing essentially unproven and non-existent science and technology even with simulation. This project was approved by West Warwick and brought into Rhode Island by West Warwick. There are many inconsistencies with this company and what the company wants to do. This is also in the DEM hands and also in your hands to continue to learn the facts. Also, can the public get a copy of the contract for the engagement with the engineering company. Council President Gosselin stated that you can get a copy of the contract through the access to public records act and submitted to the Clerk’s Office. Is anyone from the Town Council going to be present at the DEM meeting coming up in March. Councilman Messier will be present.

 

Motion to adjourn made by Councilman Messier, seconded by Council Vice President D’Amico and approved by a voice vote.

 

 

 

13. Adjourn at 9:30 p.m.