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REGULAR MEETING

WESTERLY TOWN COUNCIL

COUNCIL CHAMBERS

 

 

 

MONDAY

JUNE 8, 2019

6:00 P.M.

 

 

 

 

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 Video

 

Present:   Pres. Duhamel

                 T. Mgr. Rooney

 

In Attendance Remotely:   Vice Pres. Giorno

                                            Councilors Cioffi, Aiello, Cooke, Ahern, McCuin

                                            T. Sol. Conley

 

Absent:    Co. Clk. Giordano

                 T. Sgt. Falcone

                 Cameron Moore, Town Council Student Representative

 

INVOCATION – Councilor McCuin Video

 

SALUTE TO THE FLAG – Council President Duhamel Video

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS Video

 

a.     Proclamation – Neighbor Day 2020

 

     The aforesaid resolution was read aloud by Councilor Aiello.

 

 

 3.    PRESENTATIONS Video

 

a.     Road Bond Update – Kyle Zalaski, Town Engineer

 

     Mr. Zalaski updated the Council on the road resurfacing program conducted with National Grid and the $15 million road bond town-wide resurfacing program and related projects, a status of the road bond funds and drawdown schedule and a review of other town projects outside of the road bond.  He addressed his report, which is attached hereto and made a part of the record of these proceedings, and includes a detailed 2020 road resurfacing list and a detailed breakdown of the bond fund drawdown schedule.  He stated that the National Grid resurfacing project was completed in May with the Town funding the remainder of the curb-to-curb restoration of eight of the twelve roads and National Grid funding the curb-to-curb restoration of the remaining four roads.  He further stated that in year two of the road bond project, thirty-seven roads were approved for resurfacing, noting that request for change order will be sought for two of the roads.  He noted that of the thirty-seven roads, seventeen are the remaining roads of the 2018 referendum and twenty roads were based on the recommendations of town staff, police and fire districts and evaluated by the Public Works Committee.  He stated that work has commenced on twenty-seven of the roads; that five of the roads have been substantially completed; and that twenty-two roads are in a state of progress.  He addressed the progress being made on the resurfacing of a portion of Atlantic Avenue, noting that all sidewalk improvements have been completed and that final asphalting is scheduled for Monday and Tuesday of next week.  He further addressed drainage improvements being made on various roads in several sections of Town.  He noted that Boom Bridge has been demolished and that replacement is scheduled for completion by November 20th; that School Street is in the design phase and bidding and construction has been postponed until next year due to the need to investigate utilities and culverts and address conflicts with National Grid.  He stated that the Church Street sidewalk project is currently out to bid and noted other road and sidewalk projects funded outside the road bond as well as municipal parking lot resurfacing projects.

 

 

 4.    CITIZENS COMMENTS Video

 

     Any citizen wishing to be heard can 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. 

 

        None

 

COUNCILORS’ RESPONSE

 

        None

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes Video

 

Regular – 5/11/20; 5/18/20

Special – 6/1/20 (5:30 PM); 6/1/20 (6:15 PM)

Executive – 5/18/20 (Sealed); 6/1/20 (Sealed)

 

Motion by Mr. Aiello, that the May 11, 2020 Regular Meeting minutes be approved as amended; that the remaining minutes be accepted and approved as printed; and that the Executive Session minutes be sealed.

 

     Mr. Aiello withdrew his Motion.

 

Motion by Mr. Aiello, Seconded by Ms. Cioffi, that the aforesaid minutes, with the exception of the May 11, 2020 Regular Meeting minutes, be accepted and approved as printed and that the Executive Session minutes be sealed.  (So Voted 6 to 1 – Councilor Ahern dissented)

 

Motion by Ms. Ahern, Seconded by Mr. Cooke, that the May 11, 2020 Regular Meeting minutes be accepted and approved as printed.  (So Voted 6 to 1 – Councilor Aiello dissented)

 

        b.     Fiscal Matters Video

 

1.     19/20-81 Resolution Authorizing Corrections To The Water And Sewer Accounts Department Accounts Receivable (Water Abatement - $1,362.41; Water Refund - $1,362.41)

 

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

 

2.     Resolution Authorizing Change Order 6 To The Contract For 2019 Town-Wide Road Resurfacing Project (J.H. Lynch and Sons – not to exceed $351,200.00)

 

Motion by Mr. Aiello, that the aforesaid resolution be referred to the Public Works Committee for review and recommendation. 

 

      Councilor Aiello withdrew his motion.

 

Motion by Mr. Aiello, Seconded by Ms. Giorno, that the aforesaid resolution be tabled to the June 22, 2020 Special Meeting and referred to the Public Works Committee for review.  (Voted Unanimously)

 

 3.    19/20-82 Resolution Authorizing The Award Of A Bid For The Repair Of The “Misquamicut” Sculpture Located In Rooney Park (Buzzi Memorials – not to exceed $9,800.00)

 

Motion by Mr. Cooke, Seconded by Ms. Cioffi, that the aforesaid resolution be adopted.  (So Voted 5 to 2 – Councilors Aiello and McCuin dissented)

 

        c.     Appointments and Resignations Video

 

1.     Resignation:

a.     Harvey C. Perry, II – Wood-Pawcatuck Wild and Scenic River Stewardship Council

 

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. Perry.  (Voted Unanimously)

 

2.     Appointment:

a.     Appointment of Town Solicitor

 

Motion by Mr. Aiello, Seconded by Mr. Cooke, that William J. Conley, Jr, Esq. of the Law Office of William J. Conley, Jr., 123 Dyer Street, Unit 2B, Providence, RI  02903 be appointed Town Solicitor for the Town of Westerly, effective July 1, 2020, for a one-year term, expiring June 30, 2021.  (Voted Unanimously)

 

 

 6.    PUBLIC HEARINGS (Adv. on   5/18, 5/25 & 6/1/20  for this time)

 

a.     Chapter 1990 – “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’” (Amend §260-9. “Terms defined” by adding definition of Pet Day Care Facility and amend §260-18. “Standard Zoning District Use Tables” to identify where a Pet Day Care Facility will be allowed) Video

 

Planning Board Advisory Opinion – filed 5/19/20

 

Correspondence from Salty Paws, LLC – In Support Of Proposed Ordinance

 

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

 

     No one remotely spoke in favor or in opposition to the proposed ordinance.

 

Motion by Ms. Giorno, Seconded by Ms. Ahern, that the public hearing be closed and the ordinance be adopted. 

 

     Councilor Giorno withdrew her motion.

 

Motion by Ms. Giorno, Seconded by Mr. Aiello, that the public hearing be closed and the ordinance adopted including language recommended by the Planning Board.

 

     Discussion was held regarding the Use Table which designates the location of a pet day care facility in the Highway Commercial and General Commercial zones by a "special use" permit, noting that pet shops are allowed as a permitted use in these zones. 

 

Motion by Mr. McCuin, Seconded by Mr. Cooke, that the ordinance be amended to allow pet day care facilities, without outside runs, in the Highway Commercial and General Commercial zones as a permitted use.  A poll vote was taken as follows and the motion carried:  (So Voted 6 to 1 – Council President Duhamel dissented)

 

                                                YES                                         NO

              

                                             Cioffi                                       Duhamel

                                             Aiello

                                             Giorno

                                             Cooke

                                             Ahern

                                             McCuin

 

A poll vote was taken as follows on the main motion, as amended, to adopt the aforesaid ordinance including language recommended by the Planning Board and as amended to allow pet day care facilities in the Highway Commercial and General Commercial zones, without outside runs, as a permitted use, and the motion carried:  (Voted Unanimously)

 

                                                YES                                         NO

              

                                             Cioffi

                                             Aiello

                                             Giorno

                                             Cooke

                                             Ahern

                                             McCuin

                                             Duhamel

 

 

 7.    NEW BUSINESS

 

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 Code Revisions and Process Improvement Alternatives) Video

(Order Adv. for Public Hearing on 7/20/20)

 

Motion by Mr. McCuin, Seconded by Mr. Cooke, that the aforesaid proposed ordinance be tabled.  (Voted Unanimously)

 

 

 8.    UNFINISHED BUSINESS

 

               None

 

 

 9.    COMMUNICATIONS & REPORTS

 

        a.     Liaison Reports Video

 

1.     Ocean Community Chamber of Commerce – Thanked Chamber President for her report on the downtown businesses and for all that she and Maria DiMaggio have done to keep the businesses afloat; encouraged everyone to check out the Chamber's calendar of events; Chamber annual meeting on June 27th at Misquamicut Drive-In; congratulated Jennifer Brinton who will be passing the gavel to Maria Allen; helping with loan reimbursement and encouraged business to go on line to learn about the process  (Councilor Giorno)

 

2.     Westerly Memorial Library and Wilcox Park – Have many great programs; waiting to hear from State about having Virtu Art Festival and for approvals from Town  (Councilor Giorno)

 

3.     Recreation Board – Meeting this evening via Zoom; commended Julia Beasley on her performance in the Recreation Department in getting things lined up for the summer  (Councilor Aiello)

 

4.    School Building Committee – Justin Hopkins, Chair, is opening up meetings; will be a meeting tomorrow that he and Councilor McCuin will attend to discuss schedules and changes  (Council President Duhamel)

 

 

        b.     Town Council6/8/20 Video

 

1.     Stop Lights – Councilor Giorno expressed concern with the flashing yellow light as opposed to a stop light at the bottom of Wells Street, the lack of a turning arrow on the light at the intersection of Granite and Cross Streets, and speeding on East Avenue.

 

2.     Traffic Issues – Councilor Aiello noted safety issues at the intersection of Church and Bradford Road and along Church Street.

 

      The aforesaid matters were referred to the Public Works Committee for review.

 

        c.     Town Manager Video

 

1.     Sale of Old Town Garage – Town Manager Rooney reported that there are eight active interested parties that will be coming before the Council in July with their proposals.

 

2.     Sale of 12 Ledward Avenue – Town Manager Rooney reported that he is working with the Town Assessor, he is seeking an updated appraisal of the property for its value for both a single unit and a duplex for Council consideration.

 

3.     Tarrapat Drive – Town Manager Rooney reported that he is seeking the cost of an appraiser to provide an updated price on a buildable lot.

 

4.     Tower Street School Property – Town Manager Rooney reported that a residential/commercial appraiser will be providing an updated price for the property and have solicited bids on the public domain for demolition of the building; that bids will be coming before the Council in July; and that he has alerted Dr. Garceau of the Council's direction on demolition and sale of the property.  He noted that, according to Dr. Garceau, the School Committee may revote to delay by one month the turnover of the property to the Town.

 

5.     Recreation Programs – Town Manager Rooney reported on conference calls with other municipalities regarding what the status of recreation programs will be in July and what restrictions will be lifted, how programs can be run cost effectively with small numbers of participants, and that the recreation manager is awaiting guidance from the State.  He felt that the programs will require COVID relief funding due to the tightness of the new budget.

 

        d.     Town Solicitor Video

 

        None

 

        e.     Town Clerk

 

        None

 

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

 

1.     Blight Tax – Councilor Ahern requested that the Town Manager provide on his Town Manager's Report a written report on the status of the blight tax.

 

2.     Hurricane Season – Councilor Ahern requested that Emergency Management Director Grzybowski provide a written report for the Town Manager's Report as to her vision for the hurricane season and how people would be accommodated due to social distancing.

 

3.     Road Bond – Councilor Aiello felt that another road bond might need to be considered in light of the $1.5 million to $2.5 million shortage on the known road projects and the other road and drainage issues that need repair.

 

        g.     Requests of Town Manager by Councilors Video

 

1.     Weed Removal – In response to Councilor Cooke's request to have the weeds growing in the streets throughout Town removed, Town Manager Rooney stated that the Department of Public Works has hired seasonal help to work on this issue.

 

 

10.   POSSIBLE EXECUTIVE SESSION

 

Executive session for discussion and/or action regarding those items of business exempt from open meetings under Rhode Island General Laws §42-46-4 and §42-46-5(a)(5) Land Disposition – 29 Noyes Avenue (Plat/Lot 1-3-1) and §42-46-5(a)(5) Land Disposition – 12 Ledward Avenue (AP 67, Lot 262.

 

     The aforesaid Executive Session was not held.

 

 

11.   ADJOURNMENT Video

 

        8:07 P.M.  Voted Unanimously to adjourn.

 

ATTEST:

 


Donna L. Giordano, MMC

Council Clerk

Council Clerk

 

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

 

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