THIS MEETING WAS CONDUCTED VIA ZOOM

 

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

 

 

1.     6:00 P.M.  CALL TO ORDER

 

Present:   Co. Pres. Duhamel

                 Councilor McCuin

                 T. Mgr. Rooney

                 Co. Clk. Giordano

 

In Attendance Remotely:   Co. Vice Pres. Giorno

                                            Councilors Cioffi, Aiello, Ahern

                                            Act T. Sol. Pecchia

 

Absent:    Councilor Cooke

                 T. Sol. Conley

                 T. Sgt. Falcone

 

Also Present:  Chief of Police Shawn Lacey

 

INVOCATION – Councilor Aiello

 

SALUTE TO THE FLAG – Council President Duhamel

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

Motion by Ms. Cioffi, Seconded by Mr. McCuin, that the following resolutions be adopted:  (Voted Unanimously)

 

a.     Condolences – Angela M. Smith

 

     The aforesaid resolution was read aloud by Councilor McCuin.

 

b.     Condolences – Teresa Amelia Guarnieri

 

     The aforesaid resolution was read aloud by Councilor Aiello.

 

c.     Condolences – Francis Angelo Gencarelli

 

     The aforesaid resolution was read aloud by Council President Duhamel.

 

d.     Condolences – Evelyn LeBlanc

 

     The aforesaid resolution was read aloud by Council President Duhamel.

 

e.     Commendations – Exzavia Dubois, Rescue Efforts in a Vehicle Accident

 

     The aforesaid resolution was read aloud by Councilor Ahern.

 

f.     Commendations – Michelle Jacobson, Service to the Town’s Youth and Arts

 

     The aforesaid resolution was read aloud by Councilor Aiello.

 

g.     Congratulations – Wayne Palumbo, Retirement

 

     The aforesaid resolution was read aloud by Councilor Cioffi.

 

h.     Congratulations – Jacquelyn Smith, 2020 National Outstanding Junior Member of the National Society Daughters of the American Revolution

 

     The aforesaid resolution was read aloud by Councilor Aiello.

 

 

 3.    PRESENTATIONS

 

a.     COVID-19 Update

 

        Report from J. Mark Rooney, Town Manager

 

     Town Manager Rooney reported that the Town, in coordination with the State, is looking into extending the beach season, if possible, depending on the availability of staff and the budget.

 

        Report from Shawn Lacey, Chief of Police

 

     Chief Lacey reported that the number of cases is trickling back down; that the state is tracking all data and testing as many people as possible on a daily basis; that all first responders have opportunity to be tested this week for antibodies; that restrictions are in place for businesses with DBR continuing to check for compliance; that the red-state designation for Rhode Island has been lifted; and that the opening of schools has been changed to September 14th, which has resulted in consideration of extending the beach season to September 13th.  He further reported traffic throughout Town and in the beach area has decreased; that there is a reduction in the amount of people in the beach area, but that visitors still have to comply with the restrictions in place; that the Police Department will continue with enforcement efforts on the beach regarding alcohol and other ordinance enforcement through Labor Day.

 

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

 

     Ms. Konicki reported that, for businesses still in need of supplies, the State will be giving 80 gallons of disinfectant to the Chamber and that businesses can pick up one gallon next Friday after 2 p.m.; that the Chamber still has 20 boxes of 50 masks each for any business in need of a box.  She further reported that the Chamber launched a "You Are Welcome" campaign due to the press release being negatively received in Connecticut; that a social media campaign was conducted to clarify the message to be positive and welcoming.  She further reported that DBR is very active with one restaurant being visited seven times for inspections; that the State is being vigilant and putting forth a full effort to keep citizens safe.  She further reported that the Chamber will have a COVID-friendly Virtu Art Show in Wilcox Park this coming weekend; that 60 artists will be participating; that there will be three individual areas of assembly, which will be monitored for capacity; that temperature checks will be conducted; and that there will be non-touch hand sanitizer dispensers located at each entrance and mask wearing is required.

 

b.     FY2020 Year-End Update – Dyann Baker, Finance Director

 

Present Remotely: Dyann Baker, Finance Director

 

     Town Manager Rooney reported that the Town had a much better year than expected, which is because Westerly residents pay their taxes.  He noted that personal property taxes are up significantly, but that food and beverage and hotel and motel taxes are down; however, the State has not changed the allotment and is still sending what was budgeted.  He noted that these are unaudited numbers at $1,031,550.

 

     Finance Director Baker stated that the number reflects receipts as of May 2020 and that the June number has not yet been received; that the actual amount is down by $225,000.  She further stated that there might be a little uptick in June, but that the risk is in 2021.  She noted that the tax revenue is up about $800,000, but the last payment for school aid has not yet been received, which is about $600,000.

 

 

 4.    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.

 

Citizens can also access the meeting using the Zoom app or via phone.  Please note:

If accessing the meeting via phone, Press *9, to be recognized or

if using the Zoom app, press the “raise hand” button to be recognized

 

     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.     Janice Skonard, 9 Dixon St – re: Weeds and uncleanliness of sidewalks; displayed collection of trash she collected in downtown area; also many homeowners do not maintain their properties; is there an ordinance and is it enforced; should have a cleanup day; citizens should adopt a highway

 

b.     Donald Goyette, 29 Montauk Ave - re: Roads in Misquamicut; some roads fixed, some not - re: Hotels in Misquamicut; why are their customers allowed to use fire district beach; has seen many changes

 

c.     Paula Ruisi, 3 Shepherds Run - re: Mask wearing; mandate not followed in Chamber; re: Zoom; should see faces not just paperwork; re: Airport; questioned Councilor McCuin's remarks regarding citizens' lawsuit

 

d.     Remotely:  Lisa Konicki, President, Ocean Community Chamber of Commerce - re: Hotel Maria; pay thousands in taxes to town and in hotel and meal taxes; use their own private beach; not their responsibility to maintain additional space and access for entire community

 

e.     Remotely: Jonathan Geneau, Richmond, Pastor, Wood River Baptist Church - re: Gail Blair; passion is to distribute booklets with Gospel of John; due to blindness, only place she can do so safely is in Wilcox Park; Library had her banned from park for two years; doing a kindness for the community; requested Council do whatever it can to resolve issue

 

f.     Remotely: Gina Fuller, 19 Moriah Dr - re: Comprehensive Plan; encouraged Council to trust process and hours of work put into it by community, previous council and staff, to schedule public hearing and take additional public comment, and continue deliberating based on the public comments

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens' Comments regarding the banning of Gail Blair  from Wilcox Park, noting that the park is private property; the Comprehensive Plan meeting schedule; Councilor McCuin's comments regarding the airport; litter on the streets and sidewalks in downtown; Second Street flooding and engineering issues; and use of the Fire District beach.

 

     Chief Lacey clarified the situation regarding the banning from Wilcox Park of the individual distributing religious pamphlets and explained the rules for when and where face masks should be worn.

 

Motion by Mr. McCuin, Seconded by Ms. Giorno, to move to Item #6(a) at this time.  (Voted Unanimously)

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes

 

Committee of the Whole – 7/13/20, 8/3/20

Regular – 7/20/20

Executive – 7/13/20 (Sealed); 7/20/20 (Sealed); 8/3/20 (Sealed)

 

Motion by Ms. Cioffi, Seconded by Ms. Giorno, that the aforesaid minutes be accepted and approved as printed and that the Executive Session minutes be sealed.  (Voted Unanimously)

 

        b.     Fiscal Matters

 

Motion by Mr. McCuin, Seconded by Ms. Cioffi, that the following resolutions be adopted and that the Executive Order be ratified and confirmed:  (Voted Unanimously)

 

1.     20/21-4 Resolution Authorizing The Addition To The Tax Rolls ($8,542.48)

 

2.     20/21-5 Resolution Authorizing The Addition to The Pro-Rated Tax Roll ($15,758.04)

 

3.     20/21-6 Resolution Authorizing Deletion To Tax Rolls ($44,210.65)

 

4.     20/21-7 Resolution Authorizing The Waiver Of Penalty For Late Payments ($362.40)

 

5.     20/21-8 Resolution Authorizing The Waiver Of Penalty For Late Payments ($26.00)

 

6.     20/21-9 Resolution Authorizing Payment to The Law office of Oliverio & Marcaccio LLP (Tax Appeals - $330.00)

 

7.     Executive Order Increasing Parking Fees In Beach Areas – Ratify and Confirm

 

        c.     Appointments and Resignations

 

1.     Appointments:

a.     Economic Development Commission – Full Member

 

     Councilor Giorno nominated Douglas W. Brockway for appointment to the Economic Development Commission.

 

A vote was taken on the nomination of Douglas W. Brockway of 32 Chestnut Street for appointment to the Economic Development Commission for a three-year term, expiring January 2022 and the motion carried.  (So Voted 5 to 0 – Councilor McCuin abstained; Councilor Cooke absent)

 

b.     Zoning Board – Full Member

 

     Councilor Giorno nominated Jeffrey A. Russo, who currently serves as 1^st Alternate, for appointment as a full member to the Zoning Board.

 

A vote was taken on the nomination of Jeffrey A. Russo of 12 Juniper Avenue for appointment as a full member to the Zoning Board for a five-year term, expiring June 2025 and the motion carried.  (So Voted 5 to 0 – Councilor McCuin abstained; Councilor Cooke absent)

 

c.     Zoning Board – 1^st Alternate Member

 

     Councilor Giorno nominated James Torres, who currently serves as 2^nd Alternate, for appointment as 1^st Alternate to the Zoning Board.

 

A vote was taken on the nomination of James Torres of 19 Salt Pond Way for appointment as 1^st Alternate to the Zoning Board to fil the unexpired term of Jeffrey A. Russo, term expiring September 2024 and the motion carried.  (So Voted 5 to 0 – Councilor McCuin abstained; Councilor Cooke absent)

 

d.     Architectural Review Board – Full Member

 

     Councilor Giorno nominated Nancy N. Richmond for re-appointment to the Architectural Review Board.

 

A vote was taken on the nomination of Nancy N. Richmond of 5B Quartz Drive for re-appointment to the Architectural Review Board for a three-year term, expiring July 1, 2023 and the motion carried.  (So Voted 5 to 0 – Councilor McCuin abstained; Councilor Cooke absent)

 

e.     Conservation Commission – Full Member

 

     No action was taken on the aforesaid appointment. 

 

f.     Planning Board – Full Member

 

     Councilor Giorno nominated Richard W. Constantine for re-appointment to the Planning Board.

 

A vote was taken on the nomination of Richard W. Constantine of 35 Knowles Avenue for re-appointment to the Planning Board for a five-year term, expiring August 2025 and the motion carried.  (So Voted 5 to 0 – Councilor McCuin abstained; Councilor Cooke absent)

 

g.     Wood-Pawcatuck Wild & Scenic Rivers Stewardship Council – Alternate Member

 

     Councilor Giorno nominated Lauren Barber for appointment as Alternate Member to the Wood-Pawcatuck Wild & Scenic Rivers Stewardship Council.

 

A vote was taken on the nomination of Lauren Barber of 23 Hiscox Road for appointment as Alternate Member to the Wood-Pawcatuck Wild & Scenic Rivers Stewardship Council for an indefinite term and the motion carried.  (So Voted 5 to 0 – Councilor McCuin abstained; Councilor Cooke absent)

 

 

 6.    PUBLIC HEARINGS (Adv. on   7/27, 8/3, & 8/10/2020   for this time)

 

a.     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)

 

Recommendation from Planning Board filed 7/9/2020

 

Suggestions from Councilor McCuin

 

Suggestions from Councilor Ahern

 

Present:   Lisa Pellegrini, Director of Development Services

                 Nancy Letendre, Town Planner

                 Todd Romano, Esq., Asst. Solicitor for Zoning

 

Motion by Mr. McCuin, Seconded by Ms. Cioffi, that the public hearing be opened.  (Voted Unanimously)

 

     Participants:  Walter Pawelkiewicz, 475 Atlantic Ave – re: Presented two amendments regarding design professional and increasing the maximum building height in two shore communities; requested that amendments be incorporated into the zoning ordinance amendment 

 

     The following individuals were present and spoke in opposition to the proposed ordinance:  Hatsy Moore, 32 Yosemite Valley Rd – re: Questioned drafting of amendment by Development Services; Paula Ruisi, 3 Shepherds Run – re: No information to public on zoning amendment; disagrees with height elevations; Jean Donato, Potter Hill Rd – re: Questioned increased authority of zoning official under proposed ordinance; building heights; overlay districts

 

     The following individuals appeared in favor of the proposed ordinance: Donald Goyette, 29 Montauk Ave – re: Favors decrease in setbacks and height elevations; Thomas J. Liguori, Jr., Esq., 1 St. Andrews Ter – re: Explained building height; downtown parking; parking spaces; accessory uses at golf courses; Paul Azzinaro, 62 Elm St – re: Supports changes

 

     Appearing in favor remotely:  Albert Clemence, 9 Old Carriage Rd – re: Would like zoning ordinance that speaks to extraction; Gina Fuller, 19 Moriah Dr – re: Supports ordinance; encouraged passage

 

     Council President Duhamel addressed a memorandum from Town Solicitor Conley opining as to whether the appointment by the Council of committee to review and revise the zoning ordinance was required and whether the process that was followed is contrary to the Charter. 

 

      Act. Town Solicitor Pecchia summarized the memorandum, stating that this amendment to the Zoning Code is not applicable to Section 12-3-2 Revision of Zoning Ordinance and Map of the Charter and that the Council is able to proceed with this amendment.  She further stated that, pursuant to Section 2-1-9 Powers of the Council of the Charter, the Council has the power to enact, repeal and amend zoning ordinances.  With regard to the responsibilities of the Director of Development Services, Ms. Pecchia noted in Section 12-4-1 Director of Development Services of the Charter, the responsibilities of the Director are enumerated and one of those responsibilities is that position performs other tasks as needed and requested by the Town Manager.  She stated that it is the legal opinion that this discussion is occurring with the authority of the Town Charter.

 

      Asst. Town Sol. Romano explained that the process for this amendment of the zoning ordinance has been followed pursuant to RIGL §45-24-53, Town Charter and Ordinances; that the amendment originated with the Town Manager and the Department of Development Services, then went to the Town Council and was referred to the Planning Board for review; and that two meetings were held by the Planning Board, after which it recommendation was forwarded to the Council.  He stated that there has been ample time for public comment.

 

     Discussion was held regarding design professional, dimensional height increase, zoning official authority, nonconformance in vertical height, building height, and suggested changes to Section 260-30 Modifications, Section 260-86 Signs, and Section 260-87 Solar Energy Systems.

 

Motion by Mr. Aiello, Seconded by Ms. Cioffi, that the public hearing be continued to August 31, 2020.  (Voted Unanimously)

 

Motion by Ms. Ahern, Seconded by Mr. Aiello, to revert to Item #5, Consent Calendar, at this time.  (Voted Unanimously)

 

 

 7.    NEW BUSINESS

 

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

        (Order Adv. for Public Hearing on 9/21/20)

 

        Present:  Michael Serra, Transfer Station Manager

 

Motion by Ms. Cioffi, Seconded by Ms. Ahern, that the aforesaid ordinance be amended to reflect the increase in the tipping fee for commercial solid waste as proposed, but that the tipping fee for junk, construction and demolition be increased by $15 from $125 to $140.  (Voted Unanimously)

 

Motion by Mr. Aiello, Seconded by Ms. Cioffi, that the aforesaid proposed ordinance, as amended, be ordered advertised for public hearing on August 31, 2020.  (Voted Unanimously)

 

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”

        (Order Adv. for Public Hearing on 9/21/20)

 

Motion by Ms. Cioffi, Seconded by Ms. Giorno, that the aforesaid proposed ordinance be tabled to August 19, 2020.  (Voted Unanimously)

 

c.     Proposed Ordinance – “An Ordinance Adopting The Town Of Westerly Code Of Ordinances” (Recodification)

        (Order Adv. for Public Hearing on 9/21/20)

 

Motion by Mr. Aiello, Seconded by Ms. Giorno, that the aforesaid proposed ordinance be ordered advertised for public hearing on September 21, 2020.  (Voted Unanimously)

 

 

 8.    UNFINISHED BUSINESS

 

               None

 

 

 9.    COMMUNICATIONS & REPORTS

 

        a.     Liaison Reports

 

1.     Chamber of Commerce – Virtu Art Show to be held Saturday and Sunday, August 22 and 23, 2020 in Wilcox Park; 50 local artists participating; will be well regulated for safety; seeking volunteers  (Councilor Giorno)

 

2.     Westerly Library and Wilcox Park – Board of Trustees meeting scheduled for Tuesday, August 8, 2020; will report back to Council  (Councilor Giorno)

 

3.     Westerly Wellness Task Force – Videoed a series of public service announcements in the park; nearly ready to be viewed; will have more information at next meeting  (Councilor Ahern)

 

4.     Breen Avenue Culvert – Thanked Town Manager Rooney for directing the cleaning out of the aforesaid culvert to alleviate flooding and for the idea of bringing in gravel loads to flood-prone areas to save long-term resiliency and taxpayer dollars  (Council President Duhamel)

 

        b.     Town Council – 8/17/20

 

1.     Item #1 8/17/20 – From Senator Dennis L. Algiere – re: Letter of support of funding for Church Street sidewalk repair – Councilor Giorno noted the aforesaid correspondence and requested that Senator Algiere provide an update on whether state funding is available to be secured so that the sidewalk repair can move forward.

 

2.     Airport Road Recreation Area Across from Stop 'n Shop – Suggested leasing the property as a bee sanctuary to anyone interested in cultivating bees for making honey  (Councilor Giorno)

 

3.     Subsidies – Councilor Giorno brought up the issue of how subsidies are using monies received from the Town.  Councilor Ahern addressed a memorandum from Town Solicitor Conley in which he states that the Town cannot provide subsidy money to employees or personnel or they become employees and/or agents of the Town.  It was suggested that this matter be referred to the August 31, 2020 Special Meeting for discussion. 

 

        c.     Town Manager

 

        None

 

        d.     Town Solicitor –

 

        None

 

        e.     Town Clerk

 

        None

 

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

 

1.     Non-Utilization Tax – Councilor Ahern would like an update on the status of properties on Franklin Street and at the corner of Narragansett Avenue and Tower Street.

 

2.     Plastic Bags – Councilor Ahern requested that the reinstitution of the ban on plastic bags be placed on an agenda for discussion.

 

     Town Manager Rooney will provide a status report during the COVID update at the August 31, 2020 Special Meeting.

 

3.     Church Street Sidewalks – Councilor Ahern requested an update from the Town Manager regarding funds for this project.

 

4.     Speed Bump in Avondale – Councilor Ahern noted that constituents have stated that they received representation from the Town Manager that a speed bump could be installed.

 

     Town Manager Rooney responded that he represented that the matter would need Council approval.

 

        g.     Requests of Town Manager by Councilors

 

1.     Rights-Of-Way Survey Update – Responding to Councilor Aiello, Town Manager Rooney stated that he will provide the Council with an update at the next meeting.

 

 

10.   ADJOURNMENT

 

        10:05 P.M.  Voted Unanimously to adjourn.

 

 

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