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REGULAR MEETING

WESTERLY TOWN COUNCIL

COUNCIL CHAMBERS

 

 

 

MONDAY

DECEMBER 9, 2013

7:00 P.M.

 

 

 

 

EXECUTIVE SESSION UPDATE Video

 

1.     7:50 P.M.  CALL TO ORDER Video

 

Present:   President Serra, Vice Pres. Parrilla

                 Councilors Duhamel, Douglas, Carson, Gencarelli, Cooke

                 Interim T. Mgr. Buck, Interim T. Sol. John S. Payne, Chief of Staff Ahern

                 Co. Clk. Pro Tem LeBlanc, T. Sgt. Abate

 

Absent:    Co. Clk. Giordano

 

INVOCATION – Councilor Duhamel

 

SALUTE TO THE FLAG – Council President Serra Video

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS Video

 

Motion made and duly Seconded, to adopt the following resolution, read aloud by Councilor Cooke.  (Voted Unanimously)

 

a.     Condolence – Peter J. Kaschuluk

 

 

 3.    CITIZENS COMMENTS/COUNCILORS’ RESPONSE Video

 

     When addressing the Council, please state your name and address; please conduct yourself in an orderly and respectful fashion.  The comments of citizens accessing this portion of our meeting are neither adopted nor endorsed by this body, but heard as requested. 

 

        None

 

 

4.     CONSENT CALENDAR

 

        a.     Approval of Minutes Video

 

Regular – 11/18/13

Executive – 11/8/13 (Sealed)

 

Motion by Mr. Cooke, Seconded by Mr. Parrilla, that the aforesaid minutes be accepted and approved as printed and that the Executive Session minutes be sealed.  (Voted Unanimously)

 

        b.     Fiscal Matters Video

 

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

 

13/14-94 Resolution Establishing Sewer Debt Service Rate

 

13/14-95 Resolution Authorizing The Addition To The Pro-Rated Tax Roll ($7,745.86)

 

13/14-96 Resolution Authorizing Deletion To Tax Rolls ($1,032.67)

 

13/14-97 Resolution Authorizing Corrections To The Water And Sewer Accounts Department Accounts Receivable (Water Abatement - $727.71)

 

13/14-98 Resolution Authorizing Payment To The Law Office Of Leo F. Manfred, II, Esq. (Litigation matters - $625.00)

 

13/14-99 Resolution Authorizing Payment To Visconti, Boren & Campbell, Ltd. Law Office (Zoning litigation matters - $1,859.37)

 

13/14-100 Resolution Authorizing Payment To The Law Office Of Gidley, Sarli & Marusak, LLP (Environmental response litigation matters - $2,403.84)

 

        c.     Appointments and Resignations Video

 

1.     Appointments:

        a.     Zoning Board – Auxiliary Member

 

        b.     Planning Board

 

     Councilor Carson reported that the three Council liaisons met and conducted interviews with citizens interested in serving on the Zoning and Licensing Boards.  He stated that the liaisons decided to postpone the Licensing Board appointment pending further study and receipt of additional applications.  He reported that two interviews were held for the Zoning Board, with an additional interview still to be conducted at a future time.

 

        c.     Finance Board

 

     Councilor Carson nominated Zallee T. Russo for appointment to the Finance Board.

 

A vote was taken on the nomination of Zallee T. Russo of 29 Butterfly Drive for appointment to the Finance Board to fill the unexpired term of George W. Jenssen, term expiring September 2016, and the nomination carried.  (Voted Unanimously)

 

     Councilor Douglas addressed a letter in The Westerly Sun written by former Zoning Board Auxiliary Member, John Azzinaro, regarding the Zoning Board.  She believed that the people of Westerly should know that Mr. Azzinaro was re-appointed to the Zoning Board in September 2010; however, in October 2010, he was no longer a resident of Westerly, but an official resident of the State of Florida, and continued to serve on the board for three years.  She believed that it is not appropriate for someone who is not a resident of the town to sit on a board, such as the Zoning Board, and she felt that this was an injustice to the town.  She noted that the Council President contacted him personally to explain the situation.

 

        d.     Bike Path Study Committee (Ad Hoc)

 

     Council President Serra appointed the following individuals to the Ad Hoc Bike Path Study Committee:

 

Frederik DeGrooth, Jr., 35 Wildflower Dr

Deidre DeGrooth, 354 Shore Rd

Robert Ritacco, 23 Linden Street

Dr. Brian D. Buconi, 2 Sosoa Ln

Louis I. Misto, Jr., 5 South Fairway Ave

 

     Council President Serra appointed Councilor Gencarelli as Council liaison to the Ad Hoc Bike Path Study Committee.

 

 

 5.    PUBLIC HEARINGS Video

 

        None

 

 

 6.    NEW BUSINESS

 

a.     Grant Applications and Administration Update – Amy Grzybowski, Director of Code Enforcement/Grant Administration Video

 

Present:   Amy Grzybowski, Director of Code Enforcement/Grant Administration

 

     Ms. Grzybowski presented an update on open grants and pending applications and stated that there is currently $14 million in grant funding that is being managed.  She informed the Council that the Town was recently awarded additional funding, which includes $508,000 for the RIDOT Leap Program for the Cross Street Project, $1.6 million in TIP funding to finish from Canal Street to High Street, $200,000 for the Safe Routes to Schools, and $903,000 for the Hazard Mitigation Grant Program to elevate eight properties in Misquamicut.  She stated that three DEM grants were submitted as follows:  $75,000 for Gingerella Field improvements, $600,000 for property acquisition and park development in the North End, $100,000 for Misquamicut rights-of-way, and $6,000 for RI Public Works Association for safety equipment.  She reported that eight of the ten applications made by the Town for property elevations in Misquamicut have been approved; that the Town submitted an additional eight applications in September through a different program; and that six new applications will be submitted by December 20, 2013.  She stated that she is trying to make hazard mitigation a continuous program since insurance premiums continue to rise for flood insurance.  She noted that the cost for an elevation project is approximately between $75,000 to $150,000 and that the that criteria requires that properties considered for funding need to be below base flood elevation.  She explained that the Town is the applicant and provides the funding to the property owner but not until they have expended the money; that the property owners will receive 75% of the funding for the cost of the project; and that the remaining 25% of the cost will be the owner’s responsibility.  She stated that information regarding the application period was sent through the newspaper and social media.  Ms. Grzybowski addressed the Old Town Beach pavilion, stating that FEMA is not requiring the structure to be moved back from the beach and that the only obligation required is that the Town elevate the structure. 

 

     Councilor Carson thanked Ms. Grzybowski and her staff for the efforts put forth in assuring grant funding for the betterment of the community and stated that their work should not be underestimated.  Councilor Douglas thanked Town Engineer LeBlanc and his staff as well. 

 

     Town Engineer LeBlanc reported on the Bay Street Streetscape Project, stating that the $763,000 for the amended TIP funds, which was originally $563,000 with $200,000 for pavement management, was received through RIDOT and is earmarked to be used through the year 2016.  He believed that construction should commence in the fall of 2014.  He reported that the plans for the project are at 30% review; that comments have been received; and that the design consultants, Cherenzia and Associates, is moving forward with 75% of plans set submission within the next two weeks.

 

Suspend Rules to discuss the following items and resolutions:

 

Motion by Mr. Parrilla, Seconded by Mr. Duhamel, to suspend the Rules to discuss the following items and resolutions:  (Voted Unanimously)

 

b.     Dredging Update and Resolution Request – Amy Grzybowski, Director of Code Enforcement/Grant Administration and Paul LeBlanc, Town Engineer Video

        (1)   National Fish & Wildlife Foundation (NFWF) Potential Dredging Project – Discussion

        (2)   13/14-101 Resolution Authorizing The Town Of Westerly To Partner On An Application With The RI Coastal Resources Management Council (CRMC) For A National Fish & Wildlife Foundation (NFWF) Grant For Habitat Restoration And Resiliency Project – Discussion and Consideration of Adoption

 

Present:   Amy Grzybowski, Director of Code Enforcement/Grant Administration

                 Paul LeBlanc, Town Engineer

 

     Ms. Grzybowski addressed the dredging proposal.  She informed the Council that there are three opportunities available, including the U.S. Army Corp of Engineers project for placing 90,000 cubic yards of sand on Misquamicut State Beach, a $3 million grant funding opportunity with NRCS, noting that NRCS has committed to matching up to $600,000 to dredge Winnapaug Pond as a result of Hurricane Sandy with no match requirement by the Town, and a joint application with CRMC, Save the Bay, the Town of Charlestown and the Salt Pond Coalition for a total $3 million project.  She explained that CRMC would be the lead applicant; that most of the funding would be used to dredge Ninigret Pond; that it would include a pilot project to spray the salt marshes; and that the design, planning and permitting work for Quonnie and Winnapaug Ponds would follow.  She reported that the Town has $75,000 in a Salt Pond Restoration Account; that there is a request to include funding through capital improvements for next fiscal year; and that the Town of Charlestown has been putting aside funds each year which shows good faith.  She stated that the resolution would support the project and create a partnership with these entities.  She informed the Council that the application for dredging is due by January 31, 2014 and, that once the monies are awarded, the Town will have two years to implement them.  She reported that the design costs will be approximately $250,000 each, for a total of $500,000; that there is a 25% match for the Town’s portion of Quonnie Pond, which would be approximately $94,000; and that funding should continue to be budgeted for routine maintenance of the ponds.    

 

     Discussion was held regarding the funding of the projects and the towns obligation for same.

 

     Town Engineer LeBlanc stated that the Town is fortunate to have CRMC as a State sponsor for the project and that the Town’s 25% match is part of the $600,000 commitment.  He informed the Council that after Hurricane Sandy, he met with NRCS on the Pawcatuck River cleanup and found downed trees from the 2010 flood that could cause damage to bridges and drainage items along the Pawcatuck River.  He stated that the Town was fortunate to receive a $54,000 grant for the Pawcatuck River.  He gave a brief history on the how the dredging project came about and stated that, in 2002, a draft study was done by the U.S. Army Corp of Engineers; however, they were short on funding, especially for Winnapaug Pond.  He stated that they revisited the information that was provided and felt that the Town has a good chance for funding of qualified projects; that the Town is trying to expedite the benefit cost analysis by the end of this week; that the Town is hoping to meet the deadline to receive funding; and that he hopes the application will be approved by January 15, 2014.  He noted that the Town is working closely with CRMC and NRCS and, if the Town is successful in obtaining funding, it may look at installing a public boat launch in Winnapaug Pond as well.  He informed the Council that he met with Jeff Gardner from Watch Hill Oyster Company who is also in support of the project for the health and maintenance of his shellfish beds.

 

     Discussion was held regarding the replenishment of sand to the beaches, the need to develop a maintenance plan to protect the sand from washing away in the future, and the safety procedures for dredging. 

 

Motion by Mr. Duhamel, Seconded by Mr. Cooke, that the aforesaid resolution be adopted.  (Voted Unanimously)

 

c.     13/14-102 Resolution Authorizing The Town Manager To Enter Into A Memorandum Of Understanding For Emergency Planning, Disaster Recovery, Debris Management, And Hazard Mitigation Program Services (VHB, CDR Maguire and GEI) – Discussion and Consideration of Adoption Video

 

Present:   Amy Grzybowski, Director of Code Enforcement/Grant Administration

                 Paul LeBlanc, Town Engineer

 

     Council President Serra noted a change in the language in the last paragraph of the proposed resolution from “during times of natural disaster” to “as specified through the Request for Proposals.”

 

     Ms. Grzybowski explained the aforesaid resolution, stating that VHB, CDR Maguire and GEI are entering into an “on call” contract for emergency planning, disaster recovery, debris management and hazard mitigation.  She noted that these firms will be utilized to help seek out new projects and proposals; that the companies have provided hourly rates for projects; and that any quotes that the Town receives will be brought to Council for approval.

 

Motion by Mr. Cooke, Seconded by Mr. Carson, that the aforesaid resolution, as amended, be adopted.  (Voted Unanimously)

 

d.     13/14-103 Resolution Authorizing The Town Manager To Sign The Licensing Agreement With The DEM For The Misquamicut Springfest and Fallfest – Discussion and Consideration of Adoption Video

 

     Councilor Cooke recused himself due to a possible conflict of interest because he serves as Executive Director of the Misquamicut Business Association which partners with the Town of Westerly to run the events.

 

     Town Manager Buck informed the Council that she met with representatives from DEM and the Misquamicut Business Association to discuss the annual Spring and Fall Fests that the Town have hosted since 2011.  She explained that she wanted to make sure that all parties involved were made aware in advance of the timetable for the festivals due to the anticipation of the project to bring sand to the State Beach.  She stated that she would like to move forward and submit the application.

 

Motion by Mr. Cooke, Seconded by Mr. Gencarelli, that the aforesaid resolution be adopted.  (So Voted 6 to 0 – Councilor Cooke recused)

 

8:52 PM – Councilor Cooke returned to the Council Chambers

 

e.     13/14-104 Resolution Of The Town Of Westerly Authorizing The Town Manager To Enter Into A Contract For A Grant With The Connecticut DEEP (Pump Out Boat) – Discussion and Consideration of Adoption Video

 

Present:   Paul LeBlanc, Town Engineer

 

     Council President Serra stated that the aforesaid resolution authorizes the Town Manager to enter into a contract agreement with the Connecticut Department of Energy and Environmental Protection for grant funding for the operation and maintenance of the Town’s two pump out boats for the 2014 summer season.  She reported that the amount of the grant to the Town is $42,615.75.  

 

Motion by Mr. Duhamel, Seconded by Mr. Cooke, that the aforesaid resolution be adopted.  (Voted Unanimously)

 

 

 7.    UNFINISHED BUSINESS

 

a.     13/14-105 Resolution Authorizing Payment To The Law Office Of Moses Afonso Ryan, Ltd. (Environmental response litigation matters - $27,817.47) Video

               (Tabled from 11/18/13)

 

     Councilor Cooke noted that the Town Solicitor provided the Council with a great explanation to questions that the Council had regarding the attorney’s expenses.  He stated that he is not opposed to paying mileage fees, but is opposed to paying for travel time to attend meetings.  He stated that the Council will hold more discussion in the future before a contract is signed with lawyers.  

 

Motion by Mrs. Douglas, Seconded by Mr. Carson, that the aforesaid resolution, as amended, be adopted.  (Voted Unanimously)

 

 

 8.    COMMUNICATIONS & REPORTS

 

        a.     Liaison Reports Video

 

1.     Elm Street/Main Street Intersection, Dixon Street Project, Railroad Avenue Project – Thanked RIDOT Engineer, Leo Boisclair, for engineering of projects; road stripping and signage is complete; added parking on Railroad Avenue was idea of John Willis from Ray Willis Bike Shop; Town of Westerly looks great  (Councilor Duhamel)

 

     Councilor Carson stated that he felt additional lighting should be installed near the Beach Street and Elm Street intersection; that he is afraid summer residents and the elderly will have difficulty ascertaining who has the right-of-way; and that there is potential for unintentional accidents. 

 

     Councilor Douglas suggested that a flag pole with a spotlight illuminating the pole be erected at the intersection would be most cost effective.

 

     It was the consensus of the Council that the Town Manager research the cost of installing lighting or a flag pole near the intersection to improve awareness of the new traffic configuration and that the curbing be painted yellow to make it stand out.

 

2.     Westerly Public Library – Serves on Library Transition Committee; appointment of new executive director to be announced within the next couple of days  (Councilor Cooke)

 

3.     Dredging of Winnapaug Pond – Thanked Senator Dennis Algiere for his efforts in obtaining $500,000 in funding to be put towards dredging  (Councilor Cooke)

 

4.     North End Community Development Corp – Organization doing a lot of work in the North End of town; the North End will look radically different by the summer of 2015; more places for people to gather and host activities; more open space, drainage and road improvements; Adrian Pelchat, President of North End  Community Development Corp, was a great proponent of the work; Mr. Pelchat will be retiring in January; difficult for organization to lose its founding president; Town should do something to honor him; first few months in 2014 will be critical for the organization’s success; Town has to support group as it chooses a new leader  (Councilor Cooke)

 

        b.     Town Council12/9/13, 12/2/13 Video

 

1.     Item #2 12/2/13 – From McGowan’s Corner Neighborhood Association to Town Manager Buck – re: Request to meet to discuss potential referendum for protecting various parcels of land – Town Manager Buck informed the Council that a meeting has been scheduled for Wednesday, December 18, 2013.  

 

2.     Item #4 12/9/13 – From Town of Jamestown – re: Resolution requesting support of “Newport Pell Bridge Safety” for the enforcement of traffic laws on the bridge and installation of a center median barrier – Town Manager Buck informed the Council that the Jamestown Town Manager, who is a member of the Town Manager’s Association of Rhode Island which holds regular monthly meetings, is seeking the Council’s support of the aforesaid resolution.

 

     It was the consensus of the Council that a resolution of support be placed on the January 6, 2014, Committee of the Whole Workshop agenda.

 

3.     Agenda Items – Council President Serra stated that she will provide the Council with an update on items that will be placed on the January 6, 2014 Committee of the Whole Workshop agenda.

 

        c.     Town Manager12/9/13 Video

 

1.     Plan B Committee – Town Manager Buck reported that a meeting of the Plan B Committee is scheduled for Thursday, December 19, 2013.

 

2.     Item #7 12/9/13 – Correspondence from National Grid, received December 2, 2013 – re: Double Pole Reported, dated December 2, 2013 – Town Manager Buck reported that a meeting regarding double poles is scheduled for Tuesday, December 10, 2013, at 3:00 p.m.

 

        d.     Town Solicitor Video

 

        e.     Town Clerk Video

 

        f.     Agenda Referrals (Items to be assigned to future agendas) Video

 

1.     Economic Development Commission – Councilor Duhamel informed the Council that there is an urgent need for members and encouraged interested individuals to fill out an application.  

 

2.     Pavement Management Plan - Council President Serra directed that the aforesaid matter be referred to the January 6, 2014 Committee of the Whole Workshop for discussion.

 

3.     Westerly Armory – Councilor Cooke questioned why the Armory’s budget funding was reduced in half.  He noted that the Armory is a Town-owned building and expressed concern that, if the group currently maintaining the building walked away, the Town would be in trouble.  He felt that the subsidy for the Armory needs to be revisited. 

 

     Council President Serra stated that she looked into the subsidy for the Westerly Armory and found that it was not reduced in this fiscal year.  She explained that the Armory was awarded additional funding for a limited time, which extended over eight years, for a particular project, and, once the project was completed, the subsidy was reduced to the original amount of $12,500.  She stated that the $12,500 in FY2013/2014 budget was recommended by the Town Manager and the Finance Board.

 

 

 9.    CITIZENS COMMENTS/COUNCILORS’ RESPONSE Video

 

     When addressing the Council, please state your name and address; please conduct yourself in an orderly and respectful fashion.  The comments of citizens accessing this portion of our meeting are neither adopted nor endorsed by this body, but heard as requested. 

 

        None

 

     Council President Serra thanked Peg Cherenzia for the donation of the Christmas tree placed in front of the Town Hall and directed that letters of appreciation be sent on behalf of the Council to Ms. Cherenzia and Town employee, Sam DeBartolo, who assisted in setting up and decorating the tree. 

 

     Councilor Douglas wished Council President Serra a Happy Birthday.

 

     Council President Serra stated that this is the last Council meeting before the holiday and she wished everyone a safe and happy holiday.

 

 

10.   ADJOURNMENT Video

 

        9:17 P.M.  Voted Unanimously to adjourn.

 

ATTEST:

 


Mary L. LeBlanc, CMC

Council Clerk Pro Tem

 

     Details of the aforesaid proceedings are available on the tape record of said meeting and on the website video.

 

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