THIS MEETING WAS CONDUCTED VIA ZOOM

 

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

 

 

 1.    6:17 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

 

Absent:    T. Sgt. Falcone

 

        INVOCATION – Councilor Ahern

 

        SALUTE TO THE FLAG – Council President Duhamel

 

 

 2.    PRESENTATION

 

COVID-19 Update

 

        a.     Report from J. Mark Rooney, Town Manager

 

     Mr. Rooney congratulated the town and the public on the wearing of masks.  He asked for cooperation from visitors to the beach to wear masks when visiting the pavilion and food vendors and when coming from and returning to their parked cars.  He cautioned everyone on his Executive Order, which allows alcohol consumption in front of establishments with a liquor license, and that it did not mean that alcohol can be consumed from coolers brought to the beach.  He stated that there is no free flowing along the nine miles of beach.  He noted the danger to the lifeguards who had twenty-eight rescues due to riptide, some of those rescues related to the overserving of alcohol.  He stated that steps will be taken to better police the matter.  He further stated that Phase III of the re-opening has been going well; that the case count has increased from fifty-eight to sixty-three in a six-week period; and that the hospital count remains at zero. 

 

b.     Report from Shawn Lacey, Chief of Police

 

     Chief Lacey reported that the numbers for social gatherings remain at 50 people indoors and 100 people outdoors, and that up to 125 people are allowed at public events outdoors and up to 250 people with a plan in place and approval from the Department of Business Regulation.  He further reported that 25,000 to 30,000 people visited the beach this weekend; that traffic was backed up; and that there were no major incidents.  He noted that some lots in Misquamicut were closed and some were reduced to 50% capacity; that the State beach was at 75% capacity; and that based on the restrictions, traffic flowed better than expected.  He noted the difficulty in trying to manage people congregating side by side at the beach, stating that several police personnel were at the beach encouraging people to wear masks when leaving the beach to go to restaurants, parking lots, etc.  He further reported that several complaints were received regarding drinking and smoking and stated that action will be taken within the next few weeks.  He noted that most of the traffic issues pertain to the State Beach and that six to eight officers will be at the State Beach daily to manage traffic.  He explained that takeout alcohol is to take home, not to be taken on the beach; that no drinking is allowed on the Town or State Beach and to do so is a violation of town ordinance, which carries charges.  He noted the areas where drinking is allowed.  He asked everyone to be patient and to not be rude and disrespectful, noting that complaints have been received about people being rude to staff in the establishments in the beach are when asked to comply with the wearing of masks.  He reminded everyone to wear masks, stating that masks work to slow the spread of the virus.  He stated that the number of COVID cases in Rhode Island remains low; that anyone travelling to Rhode Island from a state with over 5% COVID tested cases must quarantine for a fourteen-day period unless a negative test dated and stamped seventy-two hours prior to arrival is provided; and that seventy-two hours after arrival another test can be taken and quarantining would not be required.  He stated that the department will do everything it can to manage influx of people over the next few weeks and ask for compliance to keep everyone in town safe.  With regard to the opening and closing times of the Town and State Beaches, Chief Lacey noted that the Town Beach opens at 8:00 a.m. on weekends and 9:00 a.m. on weekdays and that the gate is locked at 9:00 p.m. daily.  He stated that he is trying to get the State to open the beach at 7:30 a.m., but the challenge is getting lifeguards; however, the State Beach is opening at 8:00 a.m. on weekends and closes at 9:00 p.m. daily.  He further stated that he is trying to arrange a meeting with the State to discuss issues at the State Beach.

           

     Discussion was held regarding the problems with the lack of adequate staffing at the State Beach and the reduction in the fee for out-of-staters from $28 to $14, a suggestions that arrests be made to send a message to people smoking pot, drinking alcohol and littering, the need for a zero tolerance policy, and the need to issue a public service announcement, to be released through the newspapers, radio stations, and directly to Governor Lamont, informing visitors that Westerly is a zero tolerance community and letting them know what is expected of them.

 

     Town Manager Rooney and Chief Lacey will be contacting the Governor's Office to pursue the issuance of a public service announcement to be sent to Connecticut's Governor Lamont informing visitors of Westerly's zero tolerance and expectations.

 

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

 

     Ms. Konicki reported that 23 grants totaling $19,000 were awarded to small businesses in the community, primarily in hospitality and retail, as well as non-profit, entertainment and marketing.  She stated that all funds have been disbursed and that no additional cash is available to small businesses unless funding is received.  She thanked all who donated, as well as Councilors Giorno and McCujn for reviewing the applications. She further stated that the Chamber is getting great responses from businesses on their excellent business season and that she is encouraged by the support of the locals and the tourists.  She addressed the low tolerance and low patience levels of patrons visiting the restaurants and retail establishments at the beach and being disrespectful to staff.  She noted that the Department of Business Regulation was in Westerly and visited two restaurants and one retail establishment.  She further noted that trying on clothes is not allowed, but that some retailers, in order to assist their customers, are being very creative by steaming the clothes after each try on or putting them away for three days before putting them out again.  She announced that the Library board has voted to give the Chamber the go ahead to schedule Virtu Art Show for August 22nd and 23rd; that it will be less of a festival with no live music or anything that would create a crowd gathering; that there will be three cordoned off sections with capacity capped at 250 in each section; that masks will be required; and that if artists, volunteers or staff refuse to wear masks, they will not be allowed to participate.

 

 

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.     Walter Pawelkiewicz, Planning Board Chair, 475 Atlantic Ave - re: Amendment to Zoning Ordinance; requested Council support same; updated ordinance to be compliant with RI State Statutes; commended the efforts of Director Pellegrini, Zoning Official Reichert, Town Planner Letendre and staff of the Planning and Zoning Department. Lisa and Nathan

 

b.     James Torres, Planning Board Member, 19 Salt Pond Way - re: Amendment to Zoning Ordinance; expressed support for same; requested Council support

 

COUNCILORS’ RESPONSE

 

        None

 

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

 

     The aforesaid matter was postponed.

 

Motion by Ms. Ahern, Seconded by Ms. Cioffi, to move to Item #7 at this time.  (So Voted 6 to 1 – Councilor McCuin dissented)

 

 5.    2020 Proposed Questions For November General Election – Discussion and Possible Action

 

a.     Possible Road Bond

 

Present Remotely:  Dyann Baker, Finance Director

 

     Councilor Cioffi reported that, as a result of the Public Works Committee meeting, it is being recommended that remaining road bond funds be used for Church Street sidewalks, Breen Road and Pasadena Avenue, the grant match for Atlantic Avenue, Riverview Avenue, and Pearl Street sidewalks.

 

     Discussion was held regarding the uncertainty of the voters approving a road bond in these tentative economic times, waiting one more year for a road bond, the prudence of repairing roads through a bond, and the low interest rate that would be received by going to a bond.

 

Motion by Ms. Ahern, Seconded by Ms. Cioffi, that there be no road bond question placed on the November ballot. 

 

     Councilor Ahern withdrew her motion and Councilor Cioffi withdrew her second.

 

Motion by Mr. Aiello, Seconded by Mr. Duhamel, to move a $5 million road bond forward to a referendum in November.  (Voted 2 to 5 and the motion failed; Councilors Cioffi, Giorno, Cooke, Ahern and McCuin dissented)

 

b.     Possible Recreation Field Bond

 

Present:   Edward Haik, Chair, Board of Recreation

 

     Mr. Haik reported that the Recreation Board is in support of a bond referendum, but not necessarily in November.  He noted some of the major improvements that are needed, but agreed that the timing may not be right.

 

    There was no support from the Council to move this matter forward to a bond referendum.

 

c.     Resolution Of The Town Council Of The Town Of Westerly Authorizing Local Question For The Ballot To Be Held On November 3, 2020 Relating To The Revision Of The Town Charter (§10-1-1 – Eliminate The Position Of Director Of Public Works)

 

Motion by Mr. McCuin, Seconded by Ms. Cioffi, that the aforesaid resolution be placed on the July 20, 2020 Regular Meeting agenda for consideration.  (So Voted 6 to 1 – Councilor Aiello dissented)

 

d.     Resolution Authorizing The Issuance Of General Obligation Bonds To Refinance bonds Issued to Fund The Non-Federal Cost Share Match Of The USACOE Aquatic Ecosystem Restoration Project For Winnapaug Pond (35% Non-Federal Local Cost-Share – Not To Exceed $1,000,000)

 

Motion by Ms. Giorno, Seconded by Mr. McCuin, that the aforesaid resolution be placed on the July 20, 2020 Regular Meeting for consideration.  (So Voted 4 to 3 – Councilors Cioffi, Cooke and Ahern dissented)

 

6.     Vacant Lots Off Tarrapat Drive (AP 36, Lots 210, 212-217, 222-225) – Discussion and Possible Action

 

Motion by Mr. McCuin, Seconded by Ms. Giorno, that the aforesaid matter be tabled to an Executive Session on July 20, 2020.  (Voted Unanimously)

 

7.     Zoning Ordinance Revision Update – Discussion and Possible Action

 

a.     Recommendation from Planning Board filed 7/9/2020

 

Present:   Lisa Pellegrini, Director of Development Services

                 Nathan Reichert, Zoning Official

                 Nancy Letendre, Esq., Town Planner

 

     Ms. Pellegrini explained the aforesaid amendment stating that it is a comprehensive overview; that it improves efficiency, clarifies matters, and makes matters easier for the applicant.  She stated that members of boards and commissions, town attorneys, applicants, land use professionals, and councilors were consulted in drafting the document; that the ordinance is consistent with state law; and that there are two repeals and replacements regarding development plan review and the sign ordinance.  She explained that the ordinance allows staff to provide a significant amount of administrative review.

 

     Mr. Reichert state that the document reflects six months of work and that it is responsive to applicants and staff.  He noted that the ordinance addresses parking regulation reform, which would require less specific parking for applicants, and also addresses the placement of small sheds six feet from the property line without the need for a variance.  He further stated that the document addresses the sign ordinance, the focus of which is to allow businesses to what they need to do with their signs, particularly in the downtown area.

 

     Councilor McCuin questioned the change in building height from finished grade to existing grade and felt that finished grade should be the height to comply with ISDS grade.  He also questioned the allowance of accessory apartments in all zones by right, including areas zoned single family residential.

 

     Council President Duhamel directed the Councilors to submit their areas of concern in writing to the council clerk for referral to the Council.

 

Motion by Ms. Giorno, Seconded by Ms. Cioffi, that the aforesaid proposed ordinance be placed on the July 20, 2020 Regular Meeting to be ordered advertised for public hearing.  (Voted Unanimously)

 

b.     Correspondence from Albert Clemence, received 6/8/20 – re: Thoughts On Crafting An Ordinance Regulating The Extractive Industry

 

     Town Manager Rooney referred to a memorandum from Town Solicitor Conley explaining why the Town cannot adopt an extraction ordinance, being that the industry is Federally and State regulated.

 

Motion made and duly Seconded to revert to Item #5.  (Voted Unanimously)

 

8.     Rules Of Procedure To Govern 2018-2020 Town Council – Amend Rule 13 “Meetings of the Council” to allow Council Meetings to commence at 6:00 p.m. or at a time determined by the Town Council President – Discussion and Possible Action

 

     Council President Duhamel explained reason.

 

     Discussion was held regarding the posting of the annual calendar on the Secretary of State’s website and the need for the body to decide when the Council meets.

 

Motion by Mr. Cooke, Seconded by Ms. Giorno, that the aforesaid proposed amendment to the Town Council Rules of Procedure be placed on the July 20, 2020 Regular Meeting for consideration.  (So Voted 6 to 1 – Councilor Aiello dissented)

 

 

9.     ADJOURNMENT

 

        8:15 P.M.  Voted Unanimously to adjourn.

 

 

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