THIS MEETING WAS CONDUCTED VIA ZOOM

 

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

 

 

1.     6:15 P.M.  CALL TO ORDER

 

Present:   Co. Vice Pres. Giorno

                 T. Mgr. Rooney

                 Co. Clk. Giordano

 

In Attendance Remotely:   Co. Pres. Duhamel

                                            Councilors Cioffi, Aiello, Cooke, Ahern, McCuin

                                            T. Sol. Conley

 

Absent:    T. Sgt. Falcone

 

Also Present:  Chief of Police Shawn Lacey

 

     Council Vice President Giorno announced that she is chairing this meeting on behalf of Council President Duhamel.

 

INVOCATION – Councilor Ahern

 

SALUTE TO THE FLAG – Council President Duhamel

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

        None

 

 

 3.    PRESENTATIONS

 

a.     COVID-19 Update

 

        Report from J. Mark Rooney, Town Manager

 

     Town Manager Rooney announced that, under an Executive Order, fines have been increased for all parking south of Shore Road.  He stated that updates and changes are made as the situation of the virus and the Governor's actions dictate.  He reported that the COVID case numbers have not increased in Westerly since the first week in June nor have hospitalizations.

 

Report from Shawn Lacey, Chief of Police

 

     Chief of Police Lacey reported that the Governor reduced parking to 25% at the State Beach; that, based on the decrease in parking spaces and in anticipation of an influx of visitors to the beach area, an Executive Order was issued doubling fines in the shore area mostly as a deterrent; that in cooperation with the Governor's Office, a press release was produced to advise surrounding states of the parking restrictions; that jersey barriers were brought to the State Beach to redirect traffic past the beach once the lot was filled; that staffing was increased with assistance from DEM and the State Police; and that traffic did not back up this past weekend and fewer parking tickets were issued; therefore, the public service announcement was effective.  He further reported that the Police Department conducted a sting operation for zero tolerance as a result of trash, drinking and smoking on the beach; that thirty arrests were made; and that restrictions at the State beach will stay in place.  He noted that, as of today, there are forty-six positive COVID cases, one additional death, and still sixty-one hospitalizations and that there has not been an increase in the numbers.

 

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

 

     Ms. Konicki reported an uptick in compliance this past week and that businesses have been reporting relief.  She stated that business owners in Misquamicut reported that they had a great weekend and that business has increased this summer over last summer.  She noted challenges with some of the smaller retailers in downtown and along Route One that business is lagging, but she will work with them to bring them up to speed with the new technologies that can help them be more sustainable.  She stated that there will a significant amount of grant money from the State available to small businesses with twenty-five employees or less.  She noted the difficulty of some businesses to get the employees they need to do the needed work to sustain their businesses due to the $600 weekly unemployment.  She encouraged anyone who is looking for work to contact the Chamber.  She further noted that the Department of Business Regulation has stepped up inspections in community; that those businesses visited passed inspection; and that the State will continue its vigilance going forward.

 

 

 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.     Roy Springer, 22 Meadowlark Dr – re: New Town Beach Access; usually unlocked in the morning; now locked; most people do not want to be there during prime time; just want to get in and out; can achieve social distancing over time; re: Rights-of-Way Access Issues; would like to see an expansion of Larkin Road permit accessibility used in other shoreline areas rights-of-way, including two accesses to Winnapaug Pond

 

b.     James Milardo, 104 South Woody Hill Rd property owner, RIMS – re: Proposed Ordinance regarding restricted parking on southerly side of Spray Rock Road; opposed to any parking restrictions; requested that Council reject proposal

c.     Michael J. Geary, 16 Tomaquag Rd, President, Weekapaug Surfcasters – re: Proposed Ordinance regarding restricted parking on southerly side of Spray Rock Road; opposed to parking restrictions; asked Council to think about constituents

 

d.     Benjamin Weber, 3 Blossom Court - re: Proposed Ordinance restricting parking on Spray Rock Road; rights to public access; handicapped access spot being blocked; opposed to restrictions; fire districts are overreaching

 

e.     Lizabeth Widdifield, 16 Bucks Trail - re: Proposed Ordinance restricting parking on Spray Rock Road; questioned the presence of surveyors at Weekapaug parking lot; questioned when information will be available; would like clarification on beach access: disagrees with proposed two-hour parking limit; should be three hours if there is to be a limit

 

f.     Maryellen Carlu, 25 Plateau Rd - re: Proposed Ordinance restricting parking on Spray Rock Road; delineation and survey lines of Weekapaug beach would be helpful; would like to know before the end of summer where the right place is to be on the beach

 

g.     Michael Wade, Watch Hill Outfitters, 157 Main St - re: Proposed Ordinance restricting parking on Spray Rock Road; access points being blocked; opposed to taking away access to the shore; opposed to proposed ordinance; should be no time restrictions

 

h.     Nadine Davidson, 325 South Woody Hill Rd, RIMS, Weekapaug Surfcasters - re:  Proposed Ordinance restricting parking on Spray Rock Road; opposed to ordinance and any time limits on parking or parking passes; supports public access; fishing clubs generate revenue

 

i.      Jean Marie Montesano, 11 Terrace Ave - re: Proposed Ordinance restricting parking on Spray Rock Road; opposed to ordinance; asking for consistency and clarity regarding parking and access

 

j.      Mariana Batista, 17 Moonlight Dr - re:  Proposed Ordinance restricting parking on Spray Rock Road; mostly people from out of state using spaces and staying for long periods; people from out of state not wearing masks; advocating for resident parking permits; opposed to two-hour limit; favors three hours

 

     Councilor Ahern, on a point of personal privilege, requested that, after the next speaker, the Council move to Item #6(b), Public Hearing on the Proposed Ordinance Restricting Parking on Spray Rock Road.

 

k.     Hatsy Moore, 32 Yosemite Valley Rd - re: Proposed Zoning Ordinance; need to abide by Charter; eighty-nine-page document put together by Development. Services Department; the Council's job to review zoning ordinances, not the Department; Department enforces; Council should appoint proper committee to review zoning regulations; re: Proposed Ordinance Restricting Parking On Spray Rock Road; sympathetic to fishermen

 

Motion by Ms. Ahern, Seconded by Mr. Cooke, that the agenda be amended to move to Item 6(b) under Public Hearings at this time.  (Voted Unanimously)

 

 

 

COUNCILORS’ RESPONSE

 

     Town Manager Rooney responded that the parking spaces on Spray Rock Road are clearly Town property; that the Council is leaning toward two-hour parking; that beachgoers can sit below the mean high water mark, but if they go above it, they are on Fire District private property; that the Town does not enforce the line in the sand; and that there is lateral access along the shoreline.  He stated that the Town is trying to re-establish access points from the Watch Hill Lighthouse to the Charlestown breachway border through a survey, the results of which should be available by August 3rd.  He further stated that, as soon as the survey report is received, the Town will begin enforcing access at each location.

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes

 

Special – 6/29/20

Executive – 6/29/20 (Sealed)

 

Motion by Mr. Cooke, Seconded by Mr. McCuin, that the aforesaid minutes be accepted and approved as printed and that the Executive Session minutes be sealed.  (Voted Unanimously)

 

        b.     Fiscal Matters

 

1.     Petition For New Pole Installation At Wagner Road (WR#29791050)

 

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

 

2.     20/21-1 Resolution Authorizing Payment To The Law Office Of Oliverio & Marcaccio LLP (Litigation - $507.95)

 

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

 

3.     20/21-2 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)  (6-1-Aiello opposed)

 

Motion by Ms. Cioffi, Seconded by Mr. Cooke, that the aforesaid resolution be adopted.  (So Voted 6 to 1 – Councilor Aiello dissented)

 

4.     20/21-3 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 Mr. Duhamel, Seconded by Mr. McCuin, that the aforesaid resolution be adopted.  (So Voted 4 to 3 – Councilor Cioffi, Cooke and Ahern dissented)

 

5.     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  

           

     Council President Duhamel noted that Councilor Aiello suggested an alternative to the proposed amendment to the rule whereby a majority of the Council, as well as the Council President, can change the meeting commencement time, to which he had no objection.

 

Motion by Mr. Cooke, Seconded by Ms. Ahern, that the aforesaid Rule of Procedure be adopted as presented.  (So Voted 6 to 1 – Councilor Aiello dissented)

 

6.     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)

        (Order Adv. for Public Hearing on 8/17/20)

 

Motion by Mr. Cooke, Seconded by Ms. Ahern, that the following proposed ordinance be ordered advertised for public hearing on August 17, 2020.  (Voted Unanimously)

 

        c.     Appointments and Resignations

 

1.     Resignations:

        a.     Dylan Kosten, Planning Board

 

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

 

 6.    PUBLIC HEARINGS (Adv. on   7/13/20   for this time)

 

a.     Chapter 1993 – “An Ordinance In Amendment Of Article V, ‘Exemption For Qualified Veterans, Prisoners Of War, Gold Star Parents And Visually Impaired Persons,’ Of Chapter 229 Of The Westerly Code Of Ordinances Entitled ‘Taxation’”

 

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

 

     No one appeared in favor or in opposition.

 

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

 

b.     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’” (Amend §238-66(C)(1) – Two hours parking prohibited – Spray Rock Road (southerly side) where designated by the Director of Public Safety)

 

Letters of Opposition received from:

a.	Ken Blanchard, Jr.	h.	Ian Willets
b.	Eric O’Rourke	i.	Toby Lapinski
c.	Donna Parssinen	j.	Jon Waldstein
d.	Jonathan Woodman	k.	Chata Lee
e.	Deborah I. Ursin	l.	Gerald N. Audet, PhD
f.	John Fo	m.	Carol Carter
g.	Amy Fosdick	n.	Wayne Gates

 

 

Letters of Support received from:

a.   Oraide Mariana Batista

b.   Claire Clay

 

     Councilor Vice President Giorno noted letters of opposition and support received from the aforesaid.

 

     Council Vice President Giorno read into the record additional letters in opposition to the proposed ordinance from the following:

 

      Barry Okum                                                 Jacquelyn Sorensen Karney

      James Milardo                                             Patricia Milardo

      Cody N. Milardo                                           Peter Alter

      Laura Miguel

 

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

 

     Participants in oppositiion:  James Milardo - wording not clear on sign; Benjamin Weber - access needs to be clarified; Roy Springer - legalize parking at places where shore can be accessed

 

     Participant in support:  Mariana Batista - should have three parking spaces for residents only

 

     Discussion was held regarding an agreement entered into between the Town and the Weekapaug Fire District allowing people to walk the sand trail to access the beach; the need for clarification and enforcement of the public access points; and the need to erect signs indicating public parking with no time limit at Spray Rock Road.

 

     Town Manager Rooney stated that signs will be erected indicating public parking on Spray Rock Road, but with no time limit.  He further stated that he will be meeting with the Weekapaug Fire District moderator and the Chief of Police to have the sign replaced by the Fire District, noting that the public may pass on foot on the sand trail within the Weekapaug Fire District property year round.  He clarified that, as part of the Harbor Management Plan, there are access points from Watch Hill to the Charlestown border that will be re-established and marked; that the surveyor will have a report this summer; and that the Public Works Department will install permanent signage that cannot be easily moved.  He further stated that the Town will be working with DEM and CRMC to establish the right-of-way at the Weekapaug breachway.

 

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

 

     Councilor Giorno stated, for the recor,d that there was no motion regarding the aforesaid ordinance.  The Council took no action on this matter.

 

Motion by Ms. Ahern, Seconded by Mr. McCuin, to revert to Item #5(a) on the agenda.  (Voted Unanimously)

 

 

 7.    NEW BUSINESS

 

a.     2018 Road Bond – Additional Projects Recommended By The Public Works Committee

 

1.     Recommendation from Public Works Committee

 

     Council Vice President Giorno read into the record letters of support of the

Church Street Sidewalk Project from the following:

 

      George Delicato                                                 Keith Simone

      Robin Sullivan                                                    Steven Pommenville

      Michael Sullivan                                                 Liane Girardin

      Karen Mclaughlin                                               Suzanne Perrone

      Jennifer Sullivan                                                JoAnn Cavalier

      Margaret Barclay                                               M. Rocketto

      Amanda Doescher                                             Edward P. Morrone

      Daniel King                                                         Kevin Payne

      John and Joyce Stanczyk                                 Dr. Daniel Alvino

      Rep. Samuel A. Azzinaro                                  Rep. Brian Patrick Kennedy

 

     Councilor Aiello stated, for the record, that he was advised by the Ethics Commission to recuse from participating in the Church Street sidewalks issue due ownership of property abutting the sidewalks by two of his relatives.

 

Motion by Mr. Cooke, to approve the reconstruction of the Church Street sidewalks with concrete walks and granite curbing at a cost of $708,957.  There was no second.

 

Motion by Ms. Ahern, Seconded by Mr. Cooke, that the following additional projects be approved:  Design and Reconstruction of Breen Road & Pasadena Avenue - $850,000 to $950,000;  Grant Match for Atlantic Ave Demonstration Project - Town amount of $180,000 - grant award of $140,000;  Riverview Avenue Drainage, Repairs and Road Resurfacing - $650,000; Pearl Street Sidewalks Reconstruction - $50,000.  (So Voted 6 to 0 – Councilor Aiello abstained)

 

b.     Gummeson –Town Of Westerly License Agreement

 

Motion by Ms. Ahern, Seconded by Mr. McCuin, that the aforesaid agreement be approved. 

 

     Discussion was held regarding the aforesaid License Agreement through which the residents of Olympia Way are seeking permission to build a fence parallel to their property on Olympia Way to impede progress onto their private property.  It was suggested that the word "in perpetuity" be removed from the Agreement so that the Agreement is limited only to these property owners and does not run with the land.

Motion by Ms. Ahern, Seconded by Ms. Cioffi, that the motion be amended to remove the words "in perpetuity" from the Agreement so that it is limited to these property owners and does not run with the land.  (Voted Unanimously)

 

A vote was taken on the original motion, as amended, and the motion carried.  (So Voted 6 to 1 – Councilor Aiello dissented)

 

 

 8.    UNFINISHED BUSINESS

 

               None

 

 

 9.    COMMUNICATIONS & REPORTS

 

        a.     Liaison Reports

 

1.     Westerly Library & Wilcox Park – Library Board voted to approve Virtu Art Festival in Wilcox Park  (Councilor Giorno)

 

2.     Chamber of Commerce  Iinvitations sent out today for greetings with Santa on Chamber Way  (Councilor Giorno)

 

3.     Veterans – Honored to be made an honorary member of the VFW  (Councilor Giorno)

 

4.     Westerly Wellness Prevention Partnership – Public service announcement videos made; filmed in the park; will be available soon  (Councilor Ahern)

 

5.     Board of Recreation – Extended appreciation to Board of Recreation for its time, effort and dedication  (Councilor Aiello)

 

        b.     Town Council – 7/20/20

 

        c.     Town Manager

 

1.     Rights-of-Ways – Town Manager Rooney reported that the Town received clarification on ROW's and that the survey should be available by August 3rd.

 

        d.     Town Solicitor - None

 

        e.     Town Clerk- None

 

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

 

                    None

 

        g.     Requests of Town Manager by Councilors

 

1.     Public Access – Councilor Cooke requested that the public access sign, which was imbedded in the granite pillar located between 39 and 41 Atlantic Avenue and which has now been removed, be replaced.

 

2.     Tunes on the Dunes – Councilor Cooke requested that the Council attend the concert featuring Al Copley to be held on Monday, July 27th at 9:00 p.m., at drive-in in Misquamicut.

 

3.     Tower Street/Ledyard Avenue Butterfly Garden – Councilor Aiello requested that the aforesaid property be maintained.

 

4.     Iron Railings at Town Hall – Councilor Giorno would like an update on the maintenance of the wrought iron railings at Town Hall.

 

5.     Intersection of Granite Street and Cross Street – Councilor Giorno stated that left turn signals are needed on the traffic signal at the intersection of Granite and Cross Streets.

 

6.     Intersection of Wells Street and Beach Street – Councilor Giorno stated that a permanent traffic signal is need at the intersection of Wells and Beach Streets.

 

7.     Orange Bags – In response to Councilor Giorno, Town Manager Rooney reported that there was a problem with the quality of the orange bags causing local distributors to run out of them; however, they were available at the Transfer Station.  He stated that an extra supply will be available at the Transfer Station to ensure that stores do not run out.

 

 

10.   ADJOURNMENT

 

        9:10 P.M.  Voted Unanimously to adjourn.

 

 

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