THIS MEETING WAS CONDUCTED VIA ZOOM

 

The public was able to view and participate in this meeting.

 

 

1.     6:20 P.M.  CALL TO ORDER

 

Present:   Pres. Duhamel

                 T. Mgr. Rooney

                 Co. Clk. Giordano

 

In Attendance Remotely:   Vice Pres. Giorno

                                            Councilors Cioffi, Aiello, Cooke, Ahern, McCuin

                                            T. Sol. Conley

 

Also Present:  Chief of Police Shawn Lacey

 

Also Present Remotely:  Lisa Konicki, President, Ocean Community Chamber of Commerce

 

Absent:    T. Sgt. Falcone

 

        INVOCATION – Councilor Aiello

 

        SALUTE TO THE FLAG – Council President Duhamel

 

 

 2.    PRESENTATIONS

 

a.     COVID-19 Update

 

        Report from J. Mark Rooney, Town Manager

 

     Town Manager Rooney addressed concerns at the beach, stating that the Town is following the guidelines of openri.gov by having lifeguards who are within six feet of each other on a platform wearing masks; that staff is diligent in directing parking lot attendants and with cleaning of the facility; and that any complaints received are addressed with staff.  He encouraged everyone to continue to voice their complaints by email.

 

        Report from Shawn Lacey, Chief of Police

 

     Chief of Police Lacey reported that more restrictions from the Governor's office are anticipated; that Westerly currently has seventy-five COVID 19 cases, an increase of two cases from the weekend, but of the 12% of the population tested, Westerly has less than 3% of the positive case total; that the State is at 2.1% of positive cases of all cases tested; that 2,476 tests were done in Rhode Island yesterday with fifty-three new cases and two fatalities and eighty people still hospitalized in the State; and that 12% to 15% of the State's population has been tested.  He stated that the numbers are being tracked for an anticipated uptick in cases due to the thousands of visitors to the Rhode Island beaches and what impact it would have on the number of cases in Town.  He stated that there may be further restrictions due to the anticipated uptick; that the reduction in the number of cars allowed to park at the State Beach and the public service announcements put out to the tri-state area have had a positive effect, resulting in a 75% reduction of traffic in the area.  He reported that the zero-tolerance unit is still at the beach and will continue for the next several weeks and that all violations are being addressed.  He noted that he, along with Senator Algiere, attended the dedication ceremony for the Julie Cardinal bench which was dedicated in memory of Julie Cardinal on the north side of the Weekapaug Breachway bridge, and that the Julie Cardinal Act just passed in the Legislature on July 23, 2020, resulting in the individual police departments in communities where guns are being purchased handling the background checks.  He reiterated that the State is anticipating that there will be an uptick in the number of COVID cases, which will result in more restrictions and that those restrictions will be managed with direction from the Governor's office.  He noted that his department received several calls over the weekend regarding back yard parties involving more than fifteen people; that private parties are now restricted to fifteen people; that public venues are restricted to 125 people with a COVID plan in place; and that many of the weddings and events that had been planned are being revisited due to the reduction in the number of people allowed.

 

        Report from Lisa Konicki, President, Ocean Community Chamber of Commerce

 

     Ms. Konicki reported that tonight is the deadline for the second round of the Verizon sponsored LISK grants at $20,000 each with preference being given to people of color and veteran-owned and female-owned businesses; that the second grant, which is the Restore RI state grant at $15,000 each, just went live on a first-come, first-serve basis; and that businesses are encouraged to apply.  She further reported that several business owners with whom she spoke are encouraged by the policy of accepting reservations and may keep doing so in the future as patrons are more comfortable knowing that they are guaranteed a spot on the sand.  She further reported that gift certificate sales to support small businesses were up; that from March to June of this year sales increased by $16,000 over the same period last year; and that, as of today, sales are up $23,875.  She reminded businesses that have not yet received them that free facemasks, sanitizers, and disinfectants are available at the Chamber, and noted that COVID continues to keep the Chamber busy with calls especially from out-of-staters inquiring about the status of restrictions.

 

     Discussion ensued regarding the possibility of reinstating the prohibition on the use of plastic bags.

 

    

3.     CITIZENS COMMENTS

 

     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.  If the matter is scheduled for a public hearing, the comments shall be deferred to that agenda item. 

 

a.     Paul Azzinaro, 62 Elm St - re: Zoning Ordinance Amendment; addressed application process; suggested simplifying language; will share suggestions with Planner and Zoning Official; addressed building height and- base flood elevation

 

b.     Benjamin Weber, 3 Blossom Ct - re: Comprehensive Plan; public access points; objects to Comprehensive Plan until discrepancies corrected

 

c.     Daniel Buck, 92 Circle Dr. Stonington, CT - re: Complaints with Police Department; keeps receiving tickets

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens’ Comments.  Council President Duhamel noted the emails supporting Church Street sidewalks and stated that this will be a future agenda item.

 

     Councilor Ahern requested that Paul Azzinaro put his suggestions regarding the zoning ordinance amendment in writing.  She stated that Mr. Weber's concerns regarding rights-of-way will be addressed.

 

     Councilor Aiello requested that the Chief of Police look into Mr. Buck's concerns.  He questioned when the Council will begin meeting in person and whether consideration has been given to placing plexiglass between Council seats.

 

     In response to Councilor Aiello, Town Solicitor Conley stated that restrictions on capacity and distancing do not provide this venue much relief.

 

     Councilor Giorno suggested that the School Department be invited to a Council meeting to report on its plan for opening the schools.

 

 4.    Proposed Ordinance – “An Ordinance In Amendment Of Chapter 121 Of The Westerly Code Of Ordinances Entitled ‘Fee Schedule’” (Transfer Station Fees) – Discussion and Possible Action

 

Present:   Michael Serra, Asst. Public Works Superintendent (Sanitation)

 

     Mr. Serra explained his proposed changes to the fee schedule, noting that the tipping fee in Johnston was raised from $85 to $100 per ton; that he is proposing the in-town rate for commercial haulers to dispose of solid waste be increased to $115 per ton and the out of-town rate be increased to $120 per ton; and that haulers must provide route sheets in order to receive the in-town rate, otherwise, they will be charged the out-of-town rate.  He further noted that he is proposing a $25 per ton fee for cardboard loads and a $5 increase for construction and demolition debris from $125 to $130 per ton.

 

Motion by Mr. McCuin, Seconded by Ms. Giorno, that the aforesaid proposed ordinance be placed on the August 17, 2020 Regular Meeting agenda to be ordered advertised for public hearing.  (Voted Unanimously)

 

 5.    Proposed Ordinance – “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’” (Zoning Ordinance Revision Update) – Discussion and Possible Action

 

a.     Suggestions from Councilor McCuin

 

Present:   Lisa Pellegrini, Director of Development Services

                 Nancy Letendre, Town Planner

                 Nathan Reichert, Zoning Official

 

Present Remotely:  Todd Romano, Esq., Zoning Solicitor

                                 Scott Levesque, Esq., Planning Solicitor

                               

     Councilor McCuin addressed his suggestions regarding building height.  He proposed that the building height should be from the proposed grade and not the existing grade and explained his reasons.

 

     Asst. Solicitor Romano stated that the State law specifies average existing height and to go against the State's requirement of existing height could expose the Town to lawsuits.

 

     Councilor Ahern suggested obtaining a legal opinion regarding building height from Asst. Solicitor Romano and from Town Solicitor Conley.

 

    Discussion ensued regarding another of Councilor McCuin's concerns related to accessory family dwelling units and accessory dwelling units and the significance of a breezeway.

 

     Town Solicitor Conley addressed his memorandum to the Council regarding a challenge by a constituent of the process that was followed in revising the zoning ordinance.  He stated that the constituent misapplied a section of the Charter that speaks to the appointment of a committee to this analysis; however, another section of Charter authorizes the Council to proceed to enact zoning ordinances whether a singular or comprehensive ordinance amendment, and with regard to the participation by the Director of Development Services, that task is relevant to her position under the Charter and the direction of the Town Manager; therefore, this process meets all the requirements and is consistent with the processes in the Charter. 

 

     In response to Councilor Aiello's concerns regarding the latitude of the Zoning Official in making decisions without going to the Planning and Zoning Boards, Asst. Solicitor Romano stated that any decision of the Zoning Official can be appealed to the Zoning Board and then to the Superior Court, if necessary.

 

      7:45 P.M.  Councilor Cooke left the meeting.

 

Motion by Ms. Ahern, Seconded by Ms. Cioffi, that the aforesaid proposed ordinance be moved to the August 14, 2020 Regular Meeting to be ordered advertised for public hearing.  (So Voted 5 to 1 – Councilor McCuin dissented; Councilor Cooke absent)

 

 6.    Comprehensive Community Plan – 2020-2040– Discussion And Possible Action

       

Present:   Lisa Pellegrini, Director of Development Services

              Nancy Letendre, Town Planner

              Nathan Reichert, Zoning Official

              James Hall, Esq., Planning Board Chair

 

     Mr. Hall noted all the entities involved in the preparation of the Plan and the number of public meetings held by Citizens Advisory Committees and the Planning Board.  He stated that the Plan is not a completed document but a substantial document going in the right direction.  He addressed the two maps presented with the Plan, titled 2020 Comprehensive Plan Water-Based Recreation RECM2 and 2020 Westerly Harbor Management Plan Rights-of-Way To The Shore RECM3, noting that both have been part of the Harbor Management Plan and have been incorporated by reference into the Comprehensive Plan from the beginning.

 

a.     Calendar

 

            (Schedule dates for Committee of the Whole Workshops to review said Plan and schedule dates for Public Hearing)

 

     Councilor Ahern proposed that, because there are nine sections to the Plan, each section should be fully vetted; therefore, a meeting should be scheduled for Section I, and then other meetings scheduled for each section thereafter.  She further suggested that beginning after Labor Day, Saturday meetings could be scheduled, but does not endorse any public hearings at this point.

 

     Discussion ensued regarding the number, dates and times of the workshops.

 

     It was a consensus of the Council that workshops to review the Comprehensive Plan be scheduled for August 13, August 20, and August 24, 2020 at 5:30 p.m.

 

b.     Proposed Ordinance – “An Ordinance In Amendment Of Chapter 1701 Of The General Ordinances Of The Town Of Westerly entitled “An Ordinance Adopting And Enacting A New Comprehensive Plan for The Town Of Westerly, Rhode Island And Establishing The Same; Providing For The Repeal Of Previous Comprehensive Plans And Providing for When Such Plan And This Ordinance Shall Be Effective” And Any Amendments Thereto in Their Entirety” – Discussion and Possible Action

 

Present:   Lisa Pellegrini, Director of Development Services

                 Nancy Letendre, Town Planner

                 Nathan Reichert, Zoning Official

 

     Councilor Ahern stated that she has concerns with the ordinance and would like to make revisions and present them to the Council.

 

 7.    Request for Lease -Lower Level of Pace Building, 5 Union Street, by the Westerly School Department Transition Program – Discussion And Possible Action

 

     Councilor Ahern reported that she toured the building with Dr. Garceau who determined that this space is the most suitable as he does not want the transition students in a school setting.  She stated that, although the location will require a substantial amount of outlay, everyone is very supportive.

       

Motion by Ms. Ahern, Seconded by Mr. McCuin, that the aforesaid matter be placed on the August 17, 2020 Regular meeting agenda for consideration.  (So Voted 5 to 1 – Councilor Aiello dissented due to concerns with the location; Councilor Cooke absent)

 

 8.    Executive Order Increasing Parking Fees - Discussion And Possible Action

            (Refer to Regular Meeting to Ratify and Confirm)

 

Motion by Ms. Cioffi, Seconded by Mr. McCuin, that the Executive Order be placed on the August 17, 2020 Regular Meeting agenda to ratify and confirm the actions of the Acting Town Manager.  (So Voted 5 to 0 – Councilor Cooke absent)

 

 

 9.    ADJOURNMENT

 

        8:30 P.M.  Voted Unanimously to adjourn.

 

 

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