1.     6:13 P.M.  CALL TO ORDER

 

Present:   Pres. Duhamel, Vice Pres. Giorno

                 Councilors Cioffi, Aiello, Cooke, Ahern, McCuin

                 T. Mgr. Rooney, T. Sol. Conley

                 Co. Clk. Giordano, T. Sgt. Falcone

                 Cameron Moore, Town Council Student Representative

 

INVOCATION – Councilor Ahern

 

SALUTE TO THE FLAG – Council President Duhamel

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

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

 

a.      Appreciation – First Responders – Babcock Village Shooting

1.	Westerly Police Department	7.	Ledyard Police Department
2.	Westerly Ambulance Units	8.	Groton City Police Department
3.	Stonington Police Department	9.	RI Office of State Fire Marshal
4.	Hopkinton Police Department	10.	Westerly Fire Department
5.	Charlestown Police Department	11.	Westerly Public Works
6.	Rhode Island State Police	12.	RI Office of Attorney General

 

 

     Chief of Police Shawn Lacey provided a brief overview of the shooting incident that took place at the Babcock Village on December 19, 2019, and commended all the first responders and neighboring agencies and departments that provided assistance.

 

     Representatives from the aforesaid departments and agencies were present to accept the resolutions, read aloud by all Councilors.

 

5-MINUTE RECESS

 

RECONVENED OPEN SESSION

 

b.     Appreciation – 350^th Anniversary Committee

 

     Diana Serra, Co-Chair, 350^th Anniversary Committee, and Lisa Konicki, President, Ocean Community Chamber of Commerce, along with members of the committee, were present to accept the aforesaid resolution.

 

 

 3.    PRESENTATIONS

 

a.      350^th Anniversary Final Report – Diana S. Serra, Co-Chair

 

Present:   Diana S. Serra, Co-Chair, 350^th Anniversary Committee

     Ms. Serra presented the final report of the aforesaid committee noting all the events that took place during the year of 2019.  She commended all the members of the committee for all their efforts in planning and carrying out each of the events.  She noted the funds that were raised from various sponsoring organizations to realize the events and the memorabilia that was sold by the Chamber to honor the 350th anniversary.  She noted that there is a $40,000 balance that is left in the trust of the Ocean Community Chamber of Commerce to be used for planning the 400th anniversary celebration.

 

Motion by Mr. Aiello, Seconded by Mr. Cooke, to move to Item 3(d) at this time.  (Voted Unanimously)

 

b.     Police Pension and OPEB Funds – The Howard E. Nyhart Company, Inc.

 

Present:   Matt Sherertz, ASA, MAAA, The Howard E. Nyhart Company, Inc.

                 Elizabeth Wiley, FSA, EA, The Howard E. Nyhart Company, Inc.

                 Dyann Baker, Finance Director

 

     Ms. Wiley presented an update on the Police Pension Fund including plan highlights, stating that the plan is over 60% funded, the contribution recommendation, stating that 44.9% is the recommended contribution, the 2018-2019 asset reconciliation, and funded status.  She responded to questions from the Council.

 

     Mr. Sherertz presented an update on the Police OPEB, noting the summary of plan provisions and the coverage offered to police officers, including highlights, OPEB liability reconciliation, funded status, actuarially determined contribution, projected pay-go costs, and participant information.

 

     The aforesaid reports are attached hereto and made a part of the record of these proceedings.

 

c.     Joint Committee on Plastics Utilization and Commerce Final Report – Theresa A. Cavalier, Chair; Timothy Brennan, Member

 

Present:   Theresa A. Cavalier, Chair, Joint Committee on Plastics Utilization and Commerce

                 Timothy Brennan, Member, Joint Committee on Plastics Utilization and Commerce

 

     Ms. Cavalier presented and explained the final report of the committee, which included an overview of the activities undertaken by the committee.  She noted the recommendations of the Committee going forward: (1) Town Council to adopt three remaining ordinances regarding Styrofoam, balloons, and straws on demand, (2) Connect Town Councilors with plastic waste concerns of the community, (3) Include the function of sustainability and waste reduction at DPW, and (4) Donate the Bag It movie to the Westerly Library.  She stated that she would like the movement to continue.

 

     The aforesaid report is attached hereto and made a part of the record of these proceedings.

 

     Mr. Brennan commended Council for being forward thinking in considering these recycling measures and appointing a committee. 

 

     The Council commended the committee on a job well done.

     Town Manager Rooney stated that a grace period has been implemented and that no violations will be issued in order to allow all retailers time to come into compliance.

 

d.     Comprehensive Plan Update – Lisa Pellegrini, Director of Development Services

 

Present:   Lisa Pellegrini, Director of Development Services

                 James Hall, Esq., Planning Board Chair

 

     Ms. Pellegrini provided an update on the progress of the development of the Comprehensive Plan.  She stated that her department is in the process of incorporating all the public comments that were received.  She noted some of the changes that are being incorporated into a red-lined version of the Plan and that further comments will be received up to February 14th.  She further noted the timeline for Planning Board and Town Council public hearings.  She responded to comments that were received from Council President Duhamel and explained the number of action items that are included in the Plan. 

 

     Mr. Hall explained the structure of the Comprehensive Plan and the purpose of the extended comment period.

 

     Ms. Pellegrini and Mr. Hall responded to questions from the Council.

 

     It was the consensus of the Council to accept the format of the Comprehensive Plan.

 

Motion by Mr. Aiello, Seconded by Ms. Giorno, to revert to Item 3(b) at this time.  (Voted Unanimously)

 

 

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.

 

     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.     Philip Overton, 3 Sacco Dr - re: Police Pension Fund; being funded at 100% annually; moving in right direction; repairs need to continue; 6.9% rate would be a major improvement; plan needs to generate rates of return to be funded properly; recommended that town drop rate of return to 6.9%

 

b.     Raymond J. Willis, 5 Shirley Dr - re: bike path; supports suggest route

 

c.     Jennifer Brinton, 27 Yarmouth Dr - re: Comprehensive Plan; concerns with open space category; property owners should be notified of proposed land use changes

 

d.     Amos Brumble, 166 Main St - re: Bike Path; supports route and concept of bike path

 

e.     Marcus Orr, 23 Autumn Lane - re: Bike Path; adding signs and sharrows will make cycling safer

 

f.     Richard Wolak, 33 Elm St - re: Bike Path; supports path; more signage will make cycling safer

 

g.     Cameron Moore, Student Representative – re: Bike Path; not in favor of proposed bike route; not a wise choice

 

COUNCILORS’ RESPONSE

 

        None

 

    

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes

 

Committee of the Whole – 12/2/19, 1/6/20

Regular – 12/9/19

Special – 12/16/19

Executive – 12/9/19 (Sealed); 12/16/19 (Sealed); 1/6/20 (Sealed)

 

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

 

1.     19/20-52 Resolution Authorizing The Waiver Of Penalty For Late Payments ($962.46)

 

2.     19/20-53 Resolution Authorizing Payment to The Law Office Of Oliverio & Marcaccio, LLP (Tax Appeals - $820.00)

 

        c.     Appointments and Resignations

 

1.      Resignation:

a.     Sandra A. Lueder, Board of Assessment Review

 

Motion by Mr. Cooke, Seconded by Mr. Aiello, that the aforesaid resignation be accepted with regret and that the Council Clerk be directed to send a letter of appreciation to Ms. Lueder.  (Voted Unanimously)

 

2.     Appointments:

        a.     Economic Development Commission

 

     Councilor Giorno nominated Timothy S. McLaughlin, Jr. for re-appointment to the Economic Development Commission.

 

A vote was taken on the nomination of Timothy S. McLaughlin, Jr. of 43 Beach Street for re-appointment to the Economic Development Commission for a three-year term, expiring January 2023.  (Voted Unanimously)

 

 

 6.    PUBLIC HEARINGS (Adv. on   1/6/20   for this time)

 

a.     Proposed Ordinance – “An Ordinance Authorizing The Repurposing Of The Beach Equipment Committed Funds”

 

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

 

     No one appeared in favor or in opposition.

 

Motion by Mr. Cooke, Seconded by Mr. McCuin, that the public hearing be closed and the aforesaid ordinance be adopted.  (Voted Unanimously)

 

 

 7.    NEW BUSINESS

 

a.     Petition From National Grid and Verizon New England, Inc. For Joint Pole Location At Chapman Road (WR# 29266607)

 

Motion by Mr. Aiello, Seconded by Mr. McCuin, that the aforesaid petition be granted.  (Voted Unanimously)

 

b.     19/20-54 Resolution Authorizing The IRS Penalty Payment For Tax Year 2017 ($165,000.00)

 

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

 

c.     19/20-55 Resolution Approving The Settlement Agreement For Tax Abatement Between Ocean House Hotel Partners, LLC And The Town Of Westerly, Rhode Island ($65,578.44)

 

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

 

d.     Resolution Authorizing The Town To Proceed With The Design, Construction And Construction Management Of “Alternative A” Of The Misquamicut Bike Path Feasibility Study ($330,000 Grant)

 

Present:  Lisa Pellegrini, Director of Development Services

 

     Ms. Pellegrini noted that the Town is several weeks late in responding to DEM regarding the use of grant funds.

 

     Each of the Councilors expressed concern with safety of the proposed bike route.  It was suggested that the funding could be used for an off-road bike lane on Atlantic Avenue and that the Town Manager inform DEM in writing that the proposed bike path route is not feasible.

 

     Councilor Cooke stated that he will contact DEM regarding the use of the funds for an off-road bike path.

    

Motion by Mr. McCuin, Seconded by Ms. Giorno, that the aforesaid resolution be tabled to the January 27, 2020 Regular Meeting.  (Voted Unanimously)

 

e.     Proposed Ordinance – “An Ordinance In Amendment Of Chapter 127 Of The Westerly Code Of Ordinances Entitled ‘Floodplain Management’”

        (Order Adv. for Public Hearing on 1/27/20)

 

Motion by Mr. Cooke, Seconded by Ms. Giorno, that the aforesaid proposed ordinance be ordered advertised for public hearing on January 27, 2020.  (Voted Unanimously)

 

 

 8.    UNFINISHED BUSINESS

 

               None

 

 

 9.    COMMUNICATIONS & REPORTS

 

        a.     Liaison Reports

 

1.     Ocean Community Chamber of Commerce – Young Professionals networking meeting on Thursday, January 23, 2020, at 6:00 p.m., at Malted Barley; Chocolate Stroll downtown on February 6, 2020 to benefit future light parades; tickets available at Chamber  (Councilor Giorno)

 

2.     Downtown Business Association – Bricks and Murals meeting January 14, 2020 at 10:00 a.m. at Perks and Corks  (Councilor Giorno)

 

3.     Westerly Library and Wilcox Park – Evening in Casablanca, January 25, 2020 from 6:00 p.m. to 10:00 p.m.; $100 a ticket  (Councilor Giorno)

 

4.     Economic Development Commission – Energetically working with Planning Board on Comprehensive Plan  (Councilor Aiello)

 

5.     Housing Authority – New director in place; holiday dinner last month; rotate meetings between Chestnut Court and Park View  (Councilor Aiello)

 

6.     School Committee – Watched meetings of December 23, 2019, January 2, 2020, and January 8, 2020; for the record, did not hear approval from committee for Letter of Intent  (Councilor Aiello)

 

7.     Senior Citizens Center – Received approval for scope of work; have not yet received money  (Councilor Cioffi)

 

8.     School Building Committee – Meeting scheduled for Thursday, January 16, 2020, at 5:00 p.m. at Babcock Hall  (Council President Duhamel)

 

        b.     Town Council – 1/13/20

 

        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.     January 27, 2020 Town Council Meeting – Council President Duhamel announced that he will not be in attendance at this Council meeting.

 

        g.     Requests of Town Manager by Councilors

 

1.     Blighted Properties on Franklin Street – Councilor Ahern requested that the properties be inspected and that the Town Manager provide an update.

 

2.     State Beach Parking Lot – Councilor Ahern requested that the Town Manager provide an update on the aforesaid regarding a change in the lease for the parking reconfiguration and a type of EZ pass.

 

3.     Babcock Village Shooting Incident – Councilor Ahern requested that the Town Manager contact the Babcock Village management company to ascertain what regulations they have in place and what they plan to do differently going forward.

 

     Town Manager Rooney noted efforts being made by the legislature and the Attorney General’s office to address mental health issues.  He addressed an FBI form that is not being used by mental health facilities to document persons with mental health issues and, therefore, such information is not reaching the FBI national data base.

 

4.     DPW Maintenance – Councilor Giorno stated that she has received calls from residents concerning potholes on State Street and the rusted, unpainted wrought iron grates on windows at the Town Hall.  Citizens will be directed to the Town’s website to post concerns.

 

5.     Signage – Council President Duhamel stated that this issue should be discussed at a March meeting.

 

6.     Maintenance of Effort – Councilor Aiello requested that this matter be placed on the next workshop agenda.  Town Manager stated that he will forward Town Solicitor Conley's response to the maintenance of effort request.

 

 

10.   ADJOURNMENT

 

        9:40 P.M.  Voted Unanimously to adjourn.

 

 

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