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| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | SEPTEMBER 12, 2016 | 7:00 P.M. |
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1. 7:18 P.M. CALL TO ORDER
Present: President Silvestri, Vice Pres. Celico
Councilors Carson, Overton, Gagnier, Duhamel, Sposato
T. Mgr. Kennedy, Acting T. Sol. John S. Payne
Co. Clk. Giordano, T. Sgt. Falcone
Absent: T. Sol Oliverio
Rees Scott Harold, Town Council Student Representative
2. RECOGNITIONS, AWARDS & MEMORIALS
Motion by Mr. Duhamel, Seconded by Mr. Celico, that the following resolution be adopted: (Voted Unanimously)
a. Congratulations – Marilyn Shellman, Town Planner (Retirement)
Ms. Marilyn Shellman was present to accept the resolution, read aloud by Councilor Celico, and she expressed her appreciation to the Council.
3. PRESENTATIONS
None
4. CITIZENS COMMENTS/COUNCILORS’ RESPONSE
Sign-Up Sheets will be available at the Council Meeting for any citizens wishing to be heard. Citizens who do not sign up to speak will have an opportunity to be heard following the individuals listed on the sign-up sheet.
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. Comments shall be limited to preceding Committee of the Whole agenda items and Regular Meeting agenda items.
a. Robert Lombardo, Esq., 12 High St – re: Council Rules of Procedure re Citizens Comments; appalled that Town Solicitor would write such a rule; re: Qualifications of Finance Director – Council not following Town Charter; re: Freedom of Speech; re: Addressed Town employees who were fired with no due process, resigned due to stress, and suspended; quoted fair labor standards act
b. James A. Angelo, 20 Rock Ridge Rd – re: Rules of Procedure re Citizens Comments; requested the procedure in order to bring his topic before the Council
c. Kerin L. Browning, Esq., Moses Afonso Ryan, LTD., representing Westerly Ventures LLC – re: Airport Overlay District Moratorium; presented letter to Council regarding zone change and summarized same; moratorium circumventing zoning process and is an invalid exercise of police power; moratorium arbitrary, capricious, and unreasonable; any effort to extend moratorium is improper
d. Paula Ruisi, 3 Shepherds Run – re: Airport Overlay District Moratorium – believes Charter, Ordinances and Comprehensive Plan are not being followed; addressed rezone of Carpianato property; Council can rescind rezone; believes that Home Goods building is partly located in the Runway Protection Zone
e. Thomas Gilfert; 38 Seabury Dr – re: Airport Overlay District Moratorium; addressed deed restrictions on his property that is located in Zone A; nowhere is it mentioned that he is in the Runway Protection Zone; does not support extending moratorium
f. Hatsy Moore, 32 Yosemite Valley Rd – re: Airport Overlay District Moratorium; not in favor of extending same; cannot hold up businesses from making a living or stop people from building houses
g. Philo F. Willetts, Jr., 5 Yarmouth Dr – re: Airport Overlay District Moratorium; not in favor of extending same; ordinance should not be written for RIAC, but to protect people, property values and quality of life; ordinance needs to be totally rewritten; residents and business being prohibited from building
h. Leslie A. Morse, 15 Yarmouth Dr – re: Airport Overlay District Moratorium; if his rights are taken away, will have to take a lot less revenue; questions whether there should be an airport in Westerly; why are flights being allowed at 5:30 a.m.; town looking at ordinance that will prohibit development of acres of property
Councilors responded to Citizens’ Comments regarding the Airport Overlay District Moratorium, the development of an Airport Ordinance and Council Rules of Procedure relative to Citizens’ Comments and freedom of speech.
5. CONSENT CALENDAR
a. Approval of Minutes
Committee of the Whole – 8/1/16
Regular – 8/1/15, 8/15/16
Special – 8/18/16, 8/22/16
Motion made and duly Seconded, that the August 22, 2016 Special Meeting minutes be moved to New Business for discussion at the request of Councilor Sposato. (Voted Unanimously)
Motion by Mr. Gagnier, Seconded by Mr. Celico, that the aforesaid minutes, with the exception of the August 22, 2016 Special Meeting, be accepted and approved as printed. (Voted Unanimously)
b. Fiscal Matters
Motion by Mr. Celico, Seconded by Mr. Sposato, that the following resolutions be adopted: (Voted Unanimously)
16/17-26 Resolution Authorizing The Purchase Of Replacement Computers (Dell Marketing, LP - $25,384.13)
16/17-27 Resolution Authorizing The Town Manager To Enter Into A Contract With Luther Fence, Inc. For Furnishing And Installing Perimeter Fence Improvements For The Winnapaug Tank Site – Public Bid 2016-072 (Re-Bid) Contract ($61,600.00)
16/17-28 Resolution Authorizing Payment To The Law Office Of Oliverio & Marcaccio LLP (Litigation Matters, Police Arbitration and Tax Appeals - $2,492.49)
16/17-29 Resolution Approving The Settlement Agreement Between Elizabeth G. Riley, Trustee Of The Elizabeth G. Riley Trust And David B. Thompson In His Capacity As Town Assessor, Town Of Westerly ($8,240.51)
c. Appointments and Resignations
1. Appointments:
a. Economic Development Commission
No action was taken on the aforesaid appointment.
b. Board of Canvassers – Alternate Member
Councilor Gagnier nominated Rosalie P. Harris for appointment as an Alternate Member to the Board of Canvassers.
A vote was taken on the nomination of Rosalie P. Harris of 8 Covington Court for appointment as an Alternate Member to the Board of Canvassers to fill the unexpired term of Mary Lou Walter, term expiring March 2020, and the nomination carried.
Councilor Gagnier nominated Arthur E. Smith, Jr., the Animal Control Officer, for appointment as Appraiser of Dog Damage.
A vote was taken on the nomination of Arthur E. Smith, Jr., of 50 Highview Avenue, Hope Valley, RI 02832 for appointment as Appraiser of Dog Damage for a one-year term, expiring April 2017, and the nomination carried. (Voted Unanimously)
d. Board of Recreation – Auxiliary Member
No action was taken on the aforesaid appointments.
Councilor Duhamel nominated Paul A. Azzinaro for re-appointment to the Architectural Review Board.
A vote was taken on the nomination of Paul A. Azzinaro, R.A. of 62 Elm Street for re-appointment to the Architectural Review Board for a three-year term, expiring July 1, 2019, and the nomination carried. (Voted Unanimously)
1. Healthcare Professionals Representative
2. General Public Representative
No action was taken on the aforesaid appointments.
6. PUBLIC HEARINGS (Adv. on 7/25, 8/1, 8/8 & 9/5/16 for this time)
a. Petition For Zoning Map Amendment – ““An Ordinance In Amendment Of Chapter 1439 Of The General Ordinances Of The Town Of Westerly Entitled ‘Re-Enact And Re-Adopt Chapter 1242 Entitled ‘The Westerly, Rhode Island, Zoning Ordinance Of 1998, As Amended’” (Petition of Steven and Cheryl Dubois, from RR-60 (Rural Residential-60) to LI (Light Industrial), property located at 181 Church Street (AP 45, Lot 24) and belonging to Steven and Cheryl Dubois)
(Public Hearing continued from 8/15/16)
Recommendation from Planning Board filed 7/27/16 – Unfavorable Advisory
Correspondence from Michael A. Kelly, Esq. – re: Request for continuance to September 19, 2016
Motion by Mr. Sposato, Seconded by Mr. Duhamel, that the public hearing be continued to September 19, 2016. (Voted Unanimously)
b. Proposed Ordinance – “An Emergency Ordinance Extending The Water Ban And Imposing A Penalty For The Willful Wasting Of Water”
Present: Paul Corina, Utilities Superintendent
Motion by Mr. Celico, Seconded by Mr. Carson, that the public hearing be opened. (Voted Unanimously)
Utilities Superintendent Corina stated that the biggest concern is recharge areas in the south end of town, which include Bradford II, III and IV and Crandall pump stations. He explained that these areas are precipitation based recharge areas and do not have the watershed like the White Rock area. He stated that the water levels, especially with Bradford II and Bradford IV, are significantly lower than this time last year. He stated that, because there does not seem to be any change in the weather pattern, it is being requested that the water ban be extended another 60 days to aid in the conservation of water. He noted that there have been significant improvements in water savings due to odd/even usage and beach closings. He stated that draught conditions are responsible for the water shortage.
No one appeared in favor or in opposition.
Motion by Mr. Gagnier, Seconded by Mr. Duhamel, that the public hearing be closed and the aforesaid ordinance be adopted. (Voted Unanimously)
c. Proposed Ordinance – “An Ordinance Establishing Another Sixty-Day Extension On The Previously Approval Sixty-Day Extended Moratorium On All Proposed Land Subdivision Projects And Land Development Projects With Airport Hazard Area Land Use Zones To Complete The Airport Hazard Overlay District Ordinance Pursuant To State Law
Present: Jason Parker, Zoning Official
Motion by Mr. Celico, Seconded by Mr. Gagnier, that the public hearing be opened. (Voted Unanimously)
Councilor Overton recused himself due to a possible conflict of interest being that his property is located within the Zones D and E of Runway Protection Zone.
Motion by Mr. Celico, Seconded by Mr. Gagnier, that the public hearing be opened. (Voted Unanimously)
The following individuals were present and spoke in favor of the proposed ordinance: Philo F. Willetts, Jr., 5 Yarmouth Dr – suggested the Council extend moratorium for a longer period of time in order to get ordinance developed; Paula Ruisi, 3 Shepherds Run
The following individuals were present and spoke in opposition to the proposed ordinance: Hatsy Moore, 3 Yosemite Valley Rd; Susan T. Champouillon, 17C Crestview Dr; Kerin L. Browning, Esq., Moses Afonso Ryan, LTD., representing Westerly Ventures, LLC; requested that a letter, dated September 12, 2016, regarding Proposed Airport Hazard Area be made part of the record of this hearing
Motion by Mr. Gagnier, Seconded by Mr. Sposato, that the public hearing be closed. (Voted Unanimously)
Councilor Celico stated that he was opposed to extending the moratorium because it has been in existence for 148 days and he does not see the an ordinance coming before the Council in another 60 days. He stated that he asked the Town Manager to provide the Council with the report on Rhode Island airports, noting that of the six State airports, only the North Central Airport in Lincoln has an ordinance. He stated that he would like to move forward with an ordinance, but not rush it. He objected to a citizen’s comment that the Council is not listening to the people, stating that the Council rejected the first draft ordinance and involved Attorney Andrew Teitz to ensure that there are subject matter experts to advise the Council on what should be included in the ordinance. He stated that, if the citizens want to draft an ordinance, the citizens should do so and present it to the Town Manager for review by those developing the Town’s ordinance. He stated that, when the ordinance is drafted, he would like the Zoning Official and Attorney Teitz to meet with the residents so that additional input can be offered.
Councilor Gagnier suggested the appointment of a standing committee to monitor airport activities. He addressed the State law and stated that it is incumbent upon the State to enforce the laws. He stated that the Town needs to ensure that the Council and its citizens are engaged in the airport operation.
Councilor Sposato referenced RIGL 1-5, which precludes any municipality from enacting laws that impact the operation of a State airport. He stated that the Town needs to petition its legislators to amend the law so that the Town has the ability to impact operations at the airport.
Councilor Celico stated that he concurs with both Councilors Gagnier and Sposato.
Motion by Mr. Sposato, Seconded by Mr. Gagnier, that the aforesaid ordinance be adopted. A poll vote was taken as follows and the motion passed: (So Voted 4 to 2 – Councilor Duhamel and Celico dissented; Councilor Overton recused)
YES NO
Carson Celico
Gagnier Duhamel
Sposato
Silvestri
7. NEW BUSINESS
a. Petition from National Grid for Proposed Underground Primary Wire Utilities within Friendship Street for the CCRI Training Facility
Present: Thomas J. Liguori, Jr., Esq.
Attorney Liguori explained the aforesaid petition and presented a drawing of the proposed underground utilities.
Motion by Mr. Sposato, Seconded by Mr. Gagnier, that the aforesaid request be granted. (Voted Unanimously)
b. 16/17-30 Resolution Authorizing The Town Manager To Enter Into A Service Agreement Contract With Open.Gov For The Implementation Of An Online Financial Transparency Module ($12,340.00)
Motion by Mr. Duhamel, Seconded by Mr. Gagnier, that the aforesaid resolution be adopted. (Voted Unanimously)
c. 16/17-31 Resolution Authorizing A Memorandum Of Agreement With The Rhode Island Emergency Management Agency For The Maintenance Of A Generator For The Westerly Police Department Primary Communications
Motion by Mr. Duhamel, Seconded by Mr. Celico, that the aforesaid resolution be adopted. (Voted Unanimously)
d. 16/17-32 Resolution Authorizing The Town Manager To Purchase One New Van For The Senior Center (Anderson Blue Bird Bus Sales Of New England - $53,317.00 paid over 3-year period: FY2016/2017 - $30,000, FY2017/2018 - $6,593.39 and FY2018/2019 - $18,296.69)
Motion by Mr. Celico, Seconded by Mr. Duhamel, that the aforesaid resolution be adopted. (Voted Unanimously)
e. 16/17-33 Resolution Authorizing A Contract For Energy Efficiency Projects At The Town Hall, Public Works, And Police Department To Energy Source, LLC
Motion by Mr. Gagnier, Seconded by Mr. Celico, that the aforesaid resolution be adopted. (Voted Unanimously)
f. Proposed Ordinance – “An Ordinance In Amendment Of Article II, Exemption For Elderly Persons, Of Chapter 229 Of The Westerly Code Of Ordinances Entitled ‘Taxation’”
(Order Adv. for Public Hearing on 10/3/16)
Present: Dave Thompson, Town Assessor
Motion by Mr. Sposato, Seconded by Mr. Celico, that the aforesaid proposed ordinance be ordered advertised for public hearing on October 3, 2016. (Voted Unanimously)
g. Approval of Minutes
Special – 8/22/16
Councilor Sposato addressed the portion of the meeting that discussed the Open Meetings and Access to Public Records Acts and requested that the aforesaid minutes be amended to include the Assistant Attorney General’s statement that there could be no restriction placed on speakers under citizens’ comments.
Councilor Gagnier stated that the Assistant Attorney General confirmed that town employees are public officials.
It was the consensus of the Council that the aforesaid minutes be amended as requested and that the amended minutes be placed on the September 19, 2016 Regular Meeting agenda for consideration of approval.
8. UNFINISHED BUSINESS
a. 16/17-34 Resolution Authorizing The Town Manager to Purchase One New Dump Truck For The Utilities Division (Coastal International Trucks LLC - $110,873.00)
(Tabled from 7/11/16)
Present: Paul Corina, Utilities Superintendent
Motion by Mr. Gagnier, Seconded by Mr. Carson, that the aforesaid resolution be adopted. (Voted Unanimously)
b. 16/17-35 Resolution Authorizing Deletion To The Tax Rolls ($42,268.57)
(Tabled from 8/15/16)
Present: David Thompson, Town Assessor
Town Assessor Thompson explained the aforesaid resolution, stating that the Service Members Civil Relief Act, formerly known as the Soldiers and Sailors Act, allows service members who are ordered to be stationed in Rhode Island to be exempt from taxes.
Motion made and duly Seconded, that the aforesaid resolution be adopted. (Voted Unanimously)
9. COMMUNICATIONS & REPORTS
a. Liaison Reports
1. Downtown Business Association – Attended meeting; started First Fridays of each month; Bricks and Murals; two fundraising events scheduled – Food Stroll scheduled for Thursday, September 22, 2016, from 5:30 p.m. to 7:30 p.m.; 15 restaurants participating; shops will be open; artists drawing mini murals; Roomful of Memories scheduled for Sunday, September 25, 2016, from 8:00 p.m. to 10:00 p.m. at Knickerbocker; tickets are $50.00 (Councilor Gagnier)
2. Westerly Public Library – SciFi Premier scheduled for Wednesday, September 28, 2016, featuring the Westerly Library on investigations of paranormal; will be panel discussions; tickets are $10.00 (Councilor Gagnier)
3. Wood Pawcatuck Watershed Wild and Scenic River Study Committee – Attended meeting on August 29, 2016; long-term process; Town Manager provided summary of meeting (Councilor Sposato)
4. Medical Marijuana Subcommittee – Met last week and approved final draft ordinance for Council review; accepted many recommendations from patient and public advocacy groups (Councilor Sposato)
5. Public Works Committee – Attended meeting on September 8, 2016; discussed a rough draft of the Needs Assessment for old town garage (Councilor Sposato)
6. Watch Hill Conservancy – Conservancy made a generous offer to pay for the Bay Street streetlights to complete the project; proposal will be brought forward to Council when finalized (Councilor Sposato)
7. North End Community Development – Business meeting postponed to Tuesday, October 11, 2016, at 6:00 p.m. at Grey Sails Brewery (Council President Silvestri)
8. Board of Recreation – Attended meeting; submitted a five-year facility upgrade proposal; proposal will be submitted to Town Manager and then to Council (Councilor Carson)
9. Wilcox East Neighborhood Association – Holding a public forum on the Charter Revision Commission questions at the Westerly Public Library on Tuesday, October 4, 2016, from 6:00 p.m. to 8:00 p.m.; holding social at Malted Barley this week (Councilor Gagnier)
b. Town Council – 9/12/16
c. Town Manager – 9/12/16
1. Items #7 and #8 9/12/16 – Correspondence from Wilcox East Neighborhood Association, received August 24, 2016 – re: Copies of letters Association sent to: (1) resident regarding responsible property maintenance and (2) property owners regarding cleaning up property frontage on Newton Avenue – Councilor Sposato questioned the authority of neighborhood associations over their neighbors.
Town Manager Kenned stated that he believed the letters from the Neighborhood Association to their neighbors are just neighborly recommendations asking for care of properties that affect the neighborhood.
Councilor Gagnier, who served as President of the Wilcox East Neighborhood Association, stated that the Association has no authority over its neighbors. He stated that the Association always talks about maintaining property values and felt that, instead of engaging the Town through a complaint to Minimum Housing, the Association sends a letter to the neighbor which very often results in modifications.
2. Item #4 9/12/16 – Report from Town Clerk, received September 7, 2016 – re: APRA Records Request List as of 9/7/16 – Councilor Gagnier noted that the Assistant Attorney General stated that the Town cannot ask for the requestor’s name. He suggested that the names be removed from the spreadsheet.
Town Manager Kennedy stated that, moving forward, the names will be removed.
3. Moody's Bond Rating – Councilor Duhamel requested that the Council be provided with a five-year review of unrestricted fund balance. He stated that he would like to see the report in September or October.
4. Comprehensive Plan re Airport Zoning – Town Manager Kennedy stated that the Advisory Committee is two-thirds through the review of the preliminary report. He reported that there is a small discussion within the document pertaining to the airport, but it has to be vetted, expanded or addressed by the Advisory Committee or the Planning Board. He stated that there is a section within the Land Use Chapter that will discuss Airport Zoning; however, no language has been developed for this Chapter. He stated that it was bookmarked in the draft plan as a placeholder.
5. 87-89 Pierce Street – Remediation Update – Town Manager Kennedy reported that this project is not moving forward, stating that RIDEM has de-obligated its grant funding.
6. Quarry Appraisal – Town Manager Kennedy reported that the final appraisal of the quarry was completed and forwarded to the Council.
7. Cottrell Bridge – Repair Update – Town Manager Kennedy reported that there are no current repair discussions from the State.
8. Fields Report (Part II) – Town Manager Kennedy reported that the Board of Recreation finalized its five-year plan for all Town recreational facilities and that he asked the school athletic department to do the same for its athletic facilities. He stated the both reports will be compiled into one report. He reported that the Town will seek bids for an RFQ for a Master Plan Services to have a firm to work with the Recreation Board to review all athletic recreational facilities and present recommendations to the Council on how to move forward with either a capital plan or how to improve facilities.
9. Hurricane Preparations (EMA) – Town Manager Kennedy reported that the Police and Fire Chief are meeting monthly to discuss any potential issues, noting that the latest discussion was on evacuations and re-entry passes. He stated that the communications plan and the EOP were updated earlier this year and that the remainder of the EOP will be updated through a grant that is anticipated to be awarded in early October. He stated that EMA initiated quarterly preparedness meetings with public and private partners to address and listen to any issues for all emergency preparedness.
10. IT Security – Town Manager Kennedy stated that, if the Council would like an update on IT Security, he will address in an Executive Session.
11. Status of 22 Canal Street – Town Manager Kennedy reported that the remedial action work plan is complete and that DEM will be issuing a determination letter this week. He stated that the Town is seeking bids to create the bid document for remediation, after which time the Town can seek bids for remediation. He reported that, once the contract is secured, AA Asbestos will demolish the building and the remediation contractor will remediate the property. He stated that, once both tasks are complete, the Town can purchase the property. He stated that anticipated completion is December.
12. Status of Appraisal of 15 Tower Street – Town Manager Kennedy reported that this matter is currently on hold because the Town is uncertain as to what to do with the property. He stated that an agency’s former interest in the property no longer exists.
Responding to Councilor Carson, Town Manager Kennedy stated that he did not believe there is a prerequisite on the number of appraisals required by the Town to purchase property, but that he will research same.
13. Needs Assessment for the Old Town Garage – Town Manager Kennedy reported that the needs assessment was discussed by the Public Works Committee last week and will be fully vetted by the Committee before coming before the Council.
14. RIGL 1-5, Letter to State Legislature Requesting Change – Town Manager Kenned recommended that the Council invite the local legislators to a Council meeting to provide them with an understanding of the issues so that they can introduce legislation in the beginning of the next legislative session.
15. Additional Water Producing Site – Status with RI Water Resources Board – Town Manager Kennedy reported that there is currently no movement with the Water Resources Board because it is still a staff of one. He stated that Utilities Superintendent Corina has been updating the Water Resources Board and that the Town has been working with them in order to stay on their priority list.
16. Purchase of 235 Bradford Road for Potential School Bus Garage Location – Town Manager Kennedy reported that the School Committee has not responded to the Town’s letter as to whether it would like to purchase the property for a bus garage. He stated that he will reach out to the School Superintendent for a response.
17. Dog Park – Town Manager Kennedy reported that the Dog Park is slated for a soft opening in October and that the Town is ordering the amenities to ensure that the water fountains, benches and garbage cans are in place. He stated that the grass is being watered and ready to be mowed and will be aerated again to encourage more growth. He stated that there was glass and other non-organic matter in the fill that was used and that the contractor has done a comprehensive cleaning of the site by hand.
18. Substance Abuse Task Force – Responding to Councilor Duhamel’s question of whether the Town is in compliance with the State regarding funding, Town Manager Kennedy stated that the Town has been working closely with the State to maintain funding, is allowed to do modified budgets, and is still in control of all grant monies. He reported that the Town did a second posting for a coordinator because the Town could not reach an agreement with the individual selected through the first round. He reported that there is one application with a potential second application and that, hopefully, interviews will be conducted in the next couple of days.
d. Town Solicitor
e. Town Clerk
f. Access to Public Records
g. Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)
1. Condominium Assessments – Council President Celico stated that the Council will entertain James Angelo’s request for a workshop to address the aforesaid matter.
2. Hawkers Licenses – Councilor Gagnier stated that, at a future workshop, he would like to discuss the issue of hawkers holding a license at two locations due to the seasonal nature of the community.
3. Auditors – Councilor Gagnier stated that he would like to discuss the establishment of a policy regarding the frequency with which the Town solicits bids for audit firms.
4. Airport Committee – Councilor Sposato stated that he would like to discuss the development of an ordinance to establish an Airport Committee.
Councilor Celico suggested that the Town Manager check to see if other airports have established committees with information that could to be used as a guide.
5. Harbor Management Plan – Responding to Councilor Celico as to the status of a meeting on the Harbor Management Plan, Town Manager Kennedy reported that Kevin Cute from CRMC is not available to meet with the Council until after August 15, 2016 and that another date is being arranged.
Councilor Gagnier stated that, due to the magnitude of the issue, perhaps a Special Meeting should be scheduled.
6. Bradford Preserve – Town Manager Kennedy reported that he has all of the documentation on the aforesaid issue in order for it to be placed on the September 19, 2016 Committee of the Whole Workshop agenda for discussion. He stated that he will inform the necessary participants.
7. Transfer Station Privatization – Town Manager Kennedy reported that the Town will seek bids for a consultant to perform a privatization analysis. He stated that the analysis will give the Town a clear understanding of what would occur if the Town does or does not privatize the transfer station.
8. Historic Cemeteries – Town Manager Kennedy stated that the proposed ordinance is fully supported by the Council and will be discussed at the October 3, 2016 Committee of the Whole Workshop agenda.
9. Finance Department Review – Town Manager Kennedy stated that the aforesaid matter will most likely be discussed in October because the Council needs to decide whether it wants to hold the November 7, 2016 meeting because it is the day before the election and the November 21, 2016 meeting will be the swearing in ceremony of the newly elected officials.
10. Investment Advisory – Town Manager Kennedy stated that the Council needs to decide if it wants to address the issue before bids are sought. He stated that the Council will be involved in the post bid process.
11. Quarrying Moratorium – Town Manager Kennedy stated that the aforesaid matter will be addressed when the Council makes it a priority.
10. CITIZENS COMMENTS/COUNCILORS’ RESPONSE
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. Susan T. Champouillon, 17C Crestview Dr – re: Summer Meeting Minutes of Zoning, Planning and Licensing Boards not on Town’s website; re: Columbus Day Parade – no parking and tow zone signs should be posted at least 36 hours in advance of the event and include the date and times of enforcement; re: Snow Removal Downtown – perhaps four parking spaces in Post Office parking lot could be used for deposit of excess snow
At the request of Councilor Celico, Town Clerk Giordano explained the timeframe for submitting board, committee and commission minutes and stated that the issue is monitored by her department with memos to board, committee and commission chairs.
Councilor Celico addressed the parking signs for the Columbus Day Parade and suggested that the signs be posted in a timely manner. He addressed snow removal in the Downtown area and stated that the Town needs to develop a plan for snow removal for safety issues.
b. Paula Ruisi, 3 Shepherds Run – re: Comprehensive Plan – questioned input from advisors and asked if there will be a public hearing on the plan; re: Airport Committee – questioned establishment of same; would like Council to consider doing something different regarding airport ordinance; suggested having input from other people and not rely solely on legal expert; people impacted by airport are stakeholders
Town Manager Kennedy stated that the Comprehensive Plan Citizens Advisory Committee has been given all of the information from the advisors, are reviewing same, and will make a recommendation to staff and Council. He stated that the Council will hold a public hearing on the Comprehensive Plan.
Councilor Gagnier explained the purpose of establishing a permanent Airport Committee by ordinance, which would consist of two Council members and three citizens.
c. Philo F. Willets, Jr., 5 Yarmouth Dr – re: Comprehensive Plan – asked if the committee is meeting regularly and if the public could attend the meetings, how often they will be held and the location of same; re: Airport Overlay District Ordinance – felt that the Zoning Official was highly inflexible and inconsiderate to the majority of attendees at last two meetings and felt that he should not be moderating committee; believed the Town would be better served by a seven-member ad hoc committee to come up with some alternative ordinances
Town Manager Kennedy stated that the posted agendas and minutes of the Comprehensive Plan Citizens Advisory Committee should be on the Town’s website and that the Zoning Official could be contacted for assistance, if needed.
Motion by Mr. Sposato, Seconded by Mr. Celico, that the Executive Session scheduled under Rhode Island General Laws §42-46-5(a)(1) Personnel – Employee Evaluation Process be cancelled and that the matter be discussed in Open Session. (Voted Unanimously)
1. Performance Evaluations Process
Present: Joshua Putman, Human Resources Director
Town Manager Kennedy presented a snapshot of the performance evaluation process of Town employees. He reported that there will be additional training next year and that the evaluation process will be better. He noted that all of Town staff can now be objectively rated.
Mr. Putman explained the process beginning with staff self-evaluations, including performance management training, calibration exercise and face-to-face meetings. He noted the performance ratings established by the Town Manager. He further noted that the cost of the evaluation process totaled approximately $62,000 attributed to raises and that the process will take place annually. He reported that he will be updating all job descriptions and that the evaluations were based on a combination of old job descriptions and performances during the past year. He also noted that there was a goal- setting component to this year's evaluation.
Discussion was held regarding a percentage-based rating as opposed to a bonus, whether there is a process to appeal a rating, the confidentiality of the evaluations, and how service levels tie into the evaluations.
Town Manager Kennedy stated that he would like a block of money to provide bonuses to administrative employees in addition to the merit pay increases.
Motion by Mr. Celico, Seconded by Mr. Sposato, that the Rules of Procedure be suspended to waive the 11:00 p.m. curfew. (Voted Unanimously)
Councilor Celico questioned the attachment of the percentage increase to the salary year after year, but agreed with the bonus to employees doing an exceptional job. He felt that it is more productive to give the percentage as a bonus.
Town Manger Kennedy stated that he would like to come before the Council with pay ranges for new employees.
Motion by Mr. Celico, Seconded by Mr. Overton, to go into Executive Session for discussion and/or action regarding those items of business exempt from open meetings under Rhode Island General Laws §42-46-4 and §42-46-5(a)(2) Collective Bargaining – Update. (Voted Unanimously)
11. 11:10 P.M. EXECUTIVE SESSION
The purpose of this Executive Session was to discuss Collective Bargaining.
* * * * *
11:35 P.M. Voted Unanimously to adjourn and seal the minutes of this Executive Session.
11:36 P.M. Reconvened as a Council.
Executive Session Report
Council President Silvestri announced that the Council, under Collective Bargaining, was updated by the Town Manager on the Local 808 and Police Union contracts.
Motion by Mr. Gagnier, Seconded by Mr. Overton, that the Executive Session minutes be sealed. (Voted Unanimously)
12. ADJOURNMENT
11:40 P.M. Voted Unanimously to adjourn.
| ATTEST: | |
| | Donna L. Giordano, MMC Council Clerk |
Details of the aforesaid proceedings are available on video on the Town of Westerly website.