1.     6:40 P.M.  CALL TO ORDER

 

Present:   Pres. Morrone, Vice Pres. Aiello

                 Councilors Celico, Carson, Cioffi, Overton, Gagnier

                 T. Mgr. Rooney, T. Sol. Conley

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

                 Adrianna Turano, Town Council Student Representative

 

Absent:    Co. Clk. Giordano

 

         INVOCATION – Councilor Aiello

 

         SALUTE TO THE FLAG – Council President Morrone

 

A moment of silence was held in remembrance of 9-11.

 

 

 2.    CITIZENS COMMENTS MENTS

 

     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 Committee of the Whole agenda items only. If the matter is scheduled for a public hearing, the comments shall be deferred to that agenda item. 

 

a.     John Ornberg, 42 Edgewood Ave - re: Deauthorization of Watch Hill Cove; resolution does not specify channel or anchorage; hoped that channel would remain under Army Corps of Engineers; re: Map of mooring fields – how did Fort Road get listed as a private road

 

COUNCILORS’ RESPONSE

 

     Councilor Gagnier suggested that Mr. Ornberg provide suggested language for the resolution regarding deauthorization.

 

 3.    Harbor Management Plan – Discussion

 

a.     Resolution Of The Westerly Town Council – Deauthorization Of The Federal Navigation Project At Watch Hill Cove – Discussion

 

Present:   Kevin Cute, Marine Resources, RI Coastal Resources Management Council

                 Lisa Pellegini, Director of Development Services

                 Rui Almedia, Town Planner

 

     Mr. Cute addressed the resolution seeking deauthorization.  He stated that an action that could be taken by the Town to be consistent with the Army Corps policies would be to remove all of the moorings within the Federal navigation project located in Watch Hill Cove or deauthorization.  He addressed the wording in the resolution regarding a request that legislation be enacted for deauthorization of the Federal Navigation Project at Watch Hill Cove.  He reported that he spoke directly with the Army Corps Director of Navigation who indicated that its is not critical that the resolution contain every single detail.  He suggested that language be included in the resolution that the Town wants to retain the Federal channel and that the Resolved paragraph, which seeks assistance in securing the enactment of an amendment to the Federal Water Resources Development Act that was introduced by the House, also reference the bill introduced by the Senate.  He explained that, by retaining the Federal channel, the Federal government would still be in charge of dredging of the Federal channel. 

 

     Discussion was held regarding suggestions that language be included to state "that the Town’s Harbor Management Plan shall be consistent with Federal policy"; that the word "conflicts" be changed to "inconsistencies"; and that the words "Town polices" be changed to "current management."

 

     It was the consensus of the Council that the aforesaid resolution, as amended, be placed on the September 17, 2018 Regular Meeting agenda for consideration.

 

b.     Harbor Management Plan Update – Lisa Pellegrini, Director of Development Services

1.     Mooring Sites

2.     Individual Mooring Field Maps

3.     Water’s Edge Photographs

4.     Westerly Harbor Management Plan Rights-of-Way Photographs

 

Present:   Lisa Pellegini, Director of Development Services

                        Rui Almeida, Town Planner

                        James A. Hall, IV, Planning Board member

                        Catherine DeNoia, Planning Board Member

 

     Ms. Pellegrini addressed the recommendations from the Planning staff regarding the proposed Harbor Management Plan.  She reported that the proposed plan and staff recommendations have been presented to the Planning Board.  She addressed the maps presented and stated that one of the most important issues documented in the plan is accessibility to mooring areas and the shoreline.  She noted that she will research whether Fort Road is a private road.  She addressed the eight mooring areas for the individual harbors and the rights-of-way to these mooring areas, noting that these rights-of-way need to be legally reviewed and surveyed.  She stated that the Harbor Management Plan needs to be thoroughly vetted by all Town departments.  She further stated that the Town needs to list, survey and map the number, size and location of moorings.

 

     Mr. Almeida explained the timeline for review of the Harbor Management Plan by the Planning Board and stated that a final recommendation will be provided to the Council before the October 1, 2018 public hearing.

 

     Mr. Hall presented a synopsis of the Planning Board’s review of the Harbor Management Plan.  He stated that the plan should include Article 16 and Article 17 of the State of Rhode Island Constitution relative to public access.  He addressed terms, water access points, and State statutes that empower the Council to select the appropriate harbor master with specific functions.  He stated that the Planning Board unanimously rendered a favorable advisory opinion supporting deauthorization.  He noted that the Planning Board needs more time to review the entire plan.

 

     Ms. DeNoia stated that, if the plan is adopted, there should be consideration listed, such as further research to clarify public access and location of a Town dock.  She noted that there were inconsistencies regarding definitions.

 

     Discussion was held regarding Article 16 and Article 17 of the Rhode Island Constitution relative to public access to the shore, public and private rights-of-way, public easements over private properties, the harbormaster, and mooring fees and the designation of these funds to an enterprise fund.

 

     Councilor Gagnier sought a consensus of the Council that the Planning Board be directed to provide a recommendation of an enterprise fund model for mooring fees and the consensus failed.  (Councilors Celico, Carson, Cioffi, Aiello, Overton and Council President Morrone dissented)

 

     Councilor Overton noted that he would have to recuse himself on any discussion of private rights-of-way because his wife owns property with a private right-of-way.

 

     Council President Morrone announced that a Special Meeting on the Harbor Management Plan is scheduled for Wednesday, September 19, 2018.

 

4.     Proposed Ordinance – “An Ordinance In Amendment Of Article VII, Stopping, Standing And Parking, Of Chapter 238 Of The Westerly Code Of Ordinances Entitled ‘Vehicles And Traffic’” (Downtown area – Amend §238-66. Parking prohibited or restricted in designated areas (§§A – No parking; §§B – Loading zones and §§G – Municipal parking lot) – Discussion

 

Present:   Sheila McGauvran, Town Engineer

                 Lisa Pellegrini, Director of Development Services

                 Richard Silva, Chief of Police

 

     Ms. Pellegrini addressed the proposed ordinance, which was drafted based on the proposed Downtown striping plan developed by the Engineering Department. 

 

     Town Engineer McGauvran addressed the proposed Downtown striping plan.  She explained that the plan tries to maximize on-street parking by maintaining the number of parking spaces that pre-existed, to eliminate parking in the direction of travel before a crosswalk to provide pedestrian safety, and to relocate loading zones to accommodate occupancy of Downtown.  She reported that the proposed changes result in the elimination of three parking spaces.   

 

     Discussion was held regarding parking enforcement; loading zones; parking spaces in the municipal parking lot; proposed loading zone in front of Miceli's Furniture; proposed parking spaces; length of parking spaces; loading zones near driveways; the need for the use of the National Grid parking lot and a possible bridge between Pawcatuck and Westerly for parking at the old Campbell Grain Company; suggestion for the elimination of all Downtown parking restrictions or the installation of parking Kiosks; suggestion for more signage to encourage parking in Main Street Craft Court parking lot; suggestion for designated motorcycle parking spaces; suggestion for the elimination of loading zone between Perks and Corks and Amigos; the length of a loading zone; the number of handicapped parking spaces; the need for additional handicapped parking spaces; a request that business owners be respectful of each other regarding parking on the street; a suggestion for no parking markings in front of driveways; suggestion for three-hour parking limit in Downtown; flower pots and banners; the need for a Master Plan for the Downtown area; and opposition to a suggestion for No Parking on Canal Street from Railroad Avenue to Pleasant Street on the easterly side because of some businesses on Canal Street that will lose parking.

 

     Participants:  Joseph Miceli, 77 Gounod Road, owner of Miceli Furniture - re: Importance of loading zones and enforcement of same; requested that proposed loading zone in front of Miceli's Furniture be removed and remain where it currently is across the street; Thomas Liguori, Jr., Esq., 1 St. Andrew's Terrace - re: Asked Council to consider that three-hour limit not apply on Saturdays and Sundays; parking on High Street near YMCA and parking on Union Street for visitors who visit skating rink; insufficient parking for employees; parking and impact of economics of United Theatre; Mark Sullivan, 14 Cove Rd - re: Opposed to petition to three-hour parking limit per day per car and increase fine from $15 to $50; loading zones, flower pots and Chamber's banners; Lois Miner, 71 John St, owner of Mary D’s Antiques, 33 High St - re: §238-66(A) - Parking per day; need three-hour parking; opposed to open parking on Saturdays and Sundays; Lisa Konicki, President, Ocean Community Chamber of Commerce - re: Concerned that proposed parking plan eliminates three parking spaces and that increasing the width of narrow spaces at Municipal Parking Lot will eliminate two to four parking spaces; public parking spaces available in Main Street Craft Court parking lot; suggests the removal of proposed loading zone in front of Miceli's Furniture and that  existing loading zone remain across the street; suggests elimination of proposed loading zone near Amigo's and Christina's; Debbie Stoll, 2 Quail Run - re: Re-establishment of handicapped parking space at corner of Broad Street and High Street; need for handicapped parking space in middle of Town and preferably near a crosswalk; asked that handicapped signs include fines; narrow parking spaces in Municipal Parking lot; snow plowed into handicapped parking spaces; Jill Chomowicz, owner of Re-Reads Books, 53 High St - re: Concerns with parking in front of alley way and cigar lounge; suggests a re-look at the length of the line of sight for crosswalk in front of Perks and Corks; suggests a loading zone near her business; Timothy Lebling, 232 River Rd, Pawcatuck, owner of Savoy Cafe, 10 Canal St - re: Large delivery trucks in loading zones near corner; Bruce Prescott, owner of Zoe & Company, 69 High St - re: Opposed to petition to raise parking fines to $50 and establish a three-hour per day parking limit; experiences Downtown take more than three hours

 

     Town Manager Rooney explained that the proposed ordinance can be discussed and reviewed again at a later date and suggested that it be postponed.  He stated that the striping plan needs to be considered at the September 17, 2018 Regular Meeting in order for the striping contractor to perform the work on Thursday, September 20, 2018.  He stated that, based on the discussions, the Council will be provided with a new plan for the September 17, 2018 meeting. 

 

     Town Engineer McGaurvan stated that, based on the suggestions presented, she will present the Council with a revised plan for the September 17, 2018 Regular Meeting and will have a map available for the viewing public.

 

     Councilor Gagnier submitted, for the record, a text from Jesse Saglio, President of Rhode Island Commerce, regarding parking ordinance and Main Street Streetscape Improvement Program grant.

 

     It was the consensus of the Council that the striping maps be placed on the September 17, 2018 Regular Meeting agenda for consideration.

 

9:50 P.M.  Motion by Mr. Aiello, Seconded by Mr. Gagnier, to waive the 10:00 p.m. curfew and continue with the meeting.  (Voted Unanimously)

 

5.     Proposed Ordinance – “An Ordinance In Amendment Of Article VII, Building Sewers, Of Chapter 206 Of The Westerly Code Of Ordinances Entitled ‘Sewers’” (Add §206-47.1 – Specification and Installation of Grinder Pumps) – Discussion

 

Present:   Bill Beauregard, Assistant Director of Public Works

                 Dave Murphy, Building Official

 

     Mr. Beauregard explained the aforesaid proposed ordinance.  He stated that the existing specifications for the sewer system provide for the lifting of sewage; however, it was not specific on how to do it and never addressed the means of “approval.”  He explained that the new requirements specify the pump system to be installed, how it will be installed and how it will be inspected.  He noted that installation has to be done by State licensed professionals.

 

     Mr. Murphy stated that the Code Enforcement Department adopted a Standard Operating Procedure that will be followed by licensed inspectors in coordination with the Water Department.  Responding to Councilor Gagnier, he stated that any existing pump system will be grandfathered.

 

     Participant:  Cathy Campbell, 21 Berry Dr – re: Proposed ordinance meets criteria that she wanted to accomplish; thanked everyone who worked on this matter; encouraged Council to adopt ordinance

 

     It was the consensus of the Council that the aforesaid proposed ordinance be placed on the September 17, 2018 Regular Meeting agenda to be ordered advertised for public hearing.

 

6.     Proposed Ordinance – “An Ordinance In Amendment Of Article VII, Stopping, Standing And Parking, Of Chapter 238 Of The Westerly Code Of Ordinances Entitled ‘Vehicles And Traffic’” (§238-50. Obedience to stop signs – Repeal §238-50E – No left turn intersection enumerated; §238-50F – No right turn intersection enumerated and §238-50G – Do not enter intersection enumerated – Intersection of East Avenue and State Street) – Discussion

 

     It was the consensus of the Council that the aforesaid proposed ordinance be placed on the September 17, 2018 Regular Meeting agenda to be ordered advertised for public hearing.

 

7.     Proposed Ordinance – “An Ordinance Relating To Naming Of Town Streets – 911 Emergency System” (A portion of Golf Club Drive) – Discussion

 

     Town Manager Rooney explained the proposed ordinance which is for 911 emergency purposes.

 

     It was the consensus of the council that the proposal include language that the Town will not accept the private road known as Golf Club Drive in to the Town’s roadway system.

 

     It was the consensus of the Council that the aforesaid proposed ordinance, as amended, be placed on the September 17, 2018 Regular Meeting agenda to be ordered advertised for public hearing.

 

8.     Resolution – Tax Exemption – St. Pius X Parish Corporation (AP 66, Lot 98) – Discussion

 

Present:   David Thompson, Town Assessor

 

     Town Assessor Thompson explained that St. Pius X Parish Corporation filed a tax appeal on their assessment on the grounds that the property is used for religious purposes.  He stated that he cannot exempt a property without Council approval.

 

     Town Solicitor Conley reported that the exemption was originally reviewed pursuant to RIGL 44-3-3(5).  He stated that, if the Council wishes to grant the exemption, it has the authority under RIGL 44-3-3(a)(25) to grant an exemption by resolution.  He reported that St. Pius X Parish Corporation is incorporated pursuant to Chapter 6 of Title 7, Subchapter 4.1, which includes religious organizations under this exemption.  He stated that the passing of a resolution by the Council should be sited under 44-3-3(a)(25).  He explained that the State law identifies specific categories for a non-profit organization, such as a religious organization, and stated that the sign located on the property is irrelevant to this section of the law.  He noted that the Council has the ability to consider any other property on a case-by-case basis. 

 

     It was the consensus of the majority of the Council that the aforesaid resolution be placed on the September 17, 2018 Regular Meeting agenda for consideration. (Aiello - no)

 

9.     Resolution Approving A Collective Bargaining Agreement With The Rhode Island Laborer’s District Council Of The Laborers’ International Union Of North America, AFL-CIO (LIUNA) On Behalf Of Local 808 – Discussion

        (Financial Impact Analysis attached)

 

     Town Solicitor Conley reported that Local 808 approved the tentative agreement in its entirety; that he is waiting to receive the signed copy of the agreement; and that he has begun the process of drafting the collective bargaining agreement in anticipation of the signed copy.

 

     Councilor Aiello requested that the Council received a red-lined version of the agreement.

 

     Councilors Celico and Overton discussed the sick time incentive and their opposition to same.

 

     It was the consensus of the Council that the aforesaid resolution be placed on the September 17, 2018 Regular Meeting agenda for consideration.

 

10.   Proposed Ordinance – “An Ordinance In Amendment Of Article VII, Stopping, Standing And Parking, Of Chapter 238 Of The Westerly Code Of Ordinances Entitled ‘Vehicles And Traffic’” (§238-66. Parking prohibited or restricted in designated areas – Setting Sun Drive) – Discussion

 

     Council President Morrone explained that the existing no parking signage needs to be extended an additional 25 feet in a southerly direction from its current location for safety reasons.

 

     It was the consensus of the Council that the aforesaid proposed ordinance be placed on the September 17, 2018 Regular Meeting agenda to be ordered advertised for public hearing.

 

 

11.   CITIZENS COMMENTS

 

     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

 

COUNCILORS’ RESPONSE

 

        None

 

 

12.   ADJOURNMENT

 

        10:53 P.M.  Voted Unanimously to adjourn.

 

 

     Details of the aforesaid proceedings are available on video on the Town of Westerly website.