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SPECIAL MEETING

WESTERLY TOWN COUNCIL

COUNCIL CHAMBERS

 

 

 

MONDAY

JUNE 22, 2020

5:30P.M.

 

 

 

 

THIS MEETING WAS CONDUCTED VIA ZOOM

 

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

 

 

 1.    5:40 P.M.  CALL TO ORDER Video

 

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

 

Also Present:  Chief of Police Shaw Lacey

 

INVOCATION – Councilor McCuin Video

 

SALUTE TO THE FLAG – Council President Duhamel Video

 

 

 2.    PRESENTATION

 

a.     COVID-19 Update Video

 

Report from J. Mark Rooney, Town Manager

 

     Town Manager Rooney provided an update on the COVID-19 pandemic.  He stated that Phase III will begin next Monday and will have less restrictions.

 

Report from Shawn Lacey, Chief of Police

 

     Chief Lacey provided an update on the COVID-19 pandemic.  He reported that Phase III will take place a week from today on June 29th.  He noted that, during this phase, inside capacity for restaurants will be 150 or 60% and 250 on the outside; that retail stores will be at 66% capacity; and that there will be increased capacity in public pools.  He stated that the capacity at the State Beach parking lot will increase from 50% to almost 67%; that traffic has increased considerably this past weekend.  He noted the difficulty in monitoring social distancing and the wearing of face masks at the beaches.  He further noted that playgrounds are still closed, but hoped that they would be opened in Phase III.  He stated that the Police Department will be monitoring and managing traffic coming into the weekend and doing traffic and parking enforcement.  He stated that capacity limits are no longer being checked at big box stores; that restaurants and bars are still being monitored for capacity; that wearing of masks is not required on the beach, only when walking on sidewalks if within six foot social distancing, at concession stands, in restrooms, in stores, and when entering and exiting restaurants.  He further stated that entertainment that will attract a crowd is not allowed; however, background music or single musician to entertain patrons in an establishment is warranted.

 

Report from Amy Gryzbowski, Westerly EMA Director

 

     Emergency Management Director provided an update on the COVID-19 pandemic.  She reported on the meals that were distributed, stating that, in addition to the 500 meals from URI and the 50 sandwiches from the Ocean House, 200 meals were received from Red Stripe in East Greenwich.  She stated that this will be the last week for the meal program; however, if there are people who still need meals, she will assist them.  She extended appreciation to the State, the volunteers, and the Police Department for their assistance in distributing the meals.  She noted the research and planning in place for the hurricane season during COVID-19 as well as guidance available from the CDC and FEMA.  She stated that advanced notice might have to be provided to tourists to leave Town earlier than normal in order to adhere to social distancing requirements.  She stated that the Emergency Management team will continue to work toward putting strong plans in place by mid to late summer.

 

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

 

     Ms. Konicki provided and update on the COVID-19 pandemic.  She announced that a new grant is available and the Chamber is in the process of accepting applications through June 30th from small businesses in the community who have been affected by the virus as well as for their employees in the amounts of $12,000 and $6,000 respectively.  She stated that the Chamber has submitted its plan to the Department of Business Regulation for the Virtu Art Festival which, hopefully, will take place at the end of July or mid-August and is awaiting approval from DBR.  She noted that entertainment at the art festival will either be eliminated or scaled back significantly.  She also stated that, due to the inability to control crowds on the streets, River Glow will not take place this year.  She further noted that free personal protection equipment is still available for businesses opening in Phase II who have yet to submit a plan to the Chamber.  She stated that the office is extremely busy answering phone calls from people who want to visit the area and noted that people are interested in coming back to visit the community.

 

       Draft Resolution In Support Of Giving Municipalities The Flexibility To Determine School Reopening Dates

 

     Councilor Cooke addressed the aforesaid resolution, which is in response to Governor Raimondo's plan to have schools open on August 31st.  He stated that, following the Lt. Governor's submission of his letter to the Governor on behalf of small businesses who rely on the last week in August to recoup lost revenues, the resolution seeks flexibility for municipalities to determine when their schools should open.  He sought support from the Council to submit the resolution to the Governor. 

     

     It was the consensus of the Council to place the aforesaid resolution on the June 29, 2020 Special Meeting agenda.

 

 

3.     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. 

 

1.    John Blasberg, 19 Breen Rd – re: Possible repair of Breen Road and Pasadena Avenue due to flooding issues

 

COUNCILORS’ RESPONSE

 

     Council President Duhamel responded to Citizens’ Comments regarding repairs to Breen Road and Pasadena Avenue, reporting that engineering work for the repairs has been proceeding and that the Town Engineer has been working closely with the regulatory agency, CRMC.

 

     Town Manager Rooney reported that the Town Engineer expects to receive approval from the Army Corps of Engineers this week or next week to be sent to CRMC for permitting the stormwater improvement.  He stated that this project is a priority and, hopefully, will start in the fall.

 

 

4.     CONSENT CALENDAR Video

 

        a.    Approval of Minutes

 

Committee of the Whole – 6/1/20

Regular – 6/8/20

Special – 6/8/20

 

Motion by Mr. McCuin, Seconded by Ms. Giorno, that the aforesaid minutes be accepted and approved as printed.  (Voted Unanimously)

 

        b.    Fiscal Matters

 

1.     Memorandum of Agreement – Local Union 808 Agreement – Extend Said Agreement To June 30, 2021 –Ratify And Confirm Action Of Town Manager in signing said agreement.

 

Motion by Mr. McCuin, Seconded by Ms. Giorno, to ratify and confirm the action of the Town Manager in signing the aforesaid Memorandum of Agreement.  (Voted Unanimously)

 

 

5.     PUBLIC HEARINGS (Adv. on   6/10/2020 & 6/15/2020   for this time)

 

a.    PY2019 Community Development Block Grant (CDBG) Application Video

 

1.     19/20-83 Resolution Authorizing Submission Of A Community Development Block Grant Application To The Rhode Island Office Of Housing And Community Development

 

Present:  Ben Delaney, Principal Planner

 

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

 

     Mr. Delaney addressed his June 18th memorandum to the Council in which he provided two alternatives to the application.  He noted the activities in Alternative A and the activities in Alternative B.  He recommended Alternative B, which replaces Park Avenue Pedestrian Improvements with Senior Center Improvements Supplement.

 

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

 

Motion by Mr. Aiello, Seconded by Mr. Cooke, that the aforesaid resolution be adopted with Alternative B.    

 

     Councilor Aiello withdrew his motion and Councilor Cooke withdrew his second.

 

Motion by Mr. Aiello, Seconded by Mr. Cooke, that the public hearing be closed and the aforesaid resolution adopted with Alternative B.  (Voted Unanimously)

 

b.    Chapter 1991 – “An Ordinance In Amendment Of Chapter 76 Of The Westerly Code Of Ordinances Entitled “Animals’” (Add Article V – Pet Day Care Facility) Video

 

1.     Correspondence from Town Solicitor Dylan Conley, Esq. – re: Advertisement Requirements for Business Licenses

 

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

 

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

 

Motion by Mr. Aiello, Seconded by Mr. Cooke, that the public hearing be closed and the ordinance adopted.

 

     Town Solicitor Conley addressed his memorandum in which he notes that State Law does not require advertising for this type of license; however, advertising may be required by local ordinance.  He stated that, absent an ordinance requirement, a 48-hour notice is required under the Open Meetings Act.

 

Motion by Ms. Ahern, Seconded by Mr. Cooke, that the motion be amended to include a provision to either advertise on the Town's website or advertise in the local newspaper.  (Voted Unanimously)

 

A vote was taken on the original motion as amended and the motion carried.  (Voted Unanimously)

 

c.     Chapter 1992 – “An Ordinance In Amendment Of Chapter 121 Of The Westerly Code Of Ordinances Entitled ‘Fee Schedule’” (Add Pet day care facility - $50.00 annual fee) Video

 

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

 

 

 6.    NEW BUSINESS

 

Suspend Town Council Rules Of Procedure – Rule 9(8) – Committee Of The Whole Requirement To Discuss And Possible Action:

 

Motion by Mr. McCuin, Seconded by Ms. Cioffi, to suspend rules to discuss the following matters:  (Voted Unanimously)

 

a.    Disaster Recovery Administrative Services COVID-19 Funding Services

 

     Town Manager Rooney explained the aforesaid matter, stating that, if the Town avails itself of these services, it will be pre-positioned in the future to receive a higher rate of return from FEMA of up to ninety percent recovery with the Town paying only ten percent.  He stated that FEMA is requesting that all agencies across the country take this action.

 

Motion by Ms. Ahern, Seconded by Mr. Cooke, that the aforesaid action be approved. (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) to include a 2-hour parking limit on Spray Rock Road in Weekapaug (southerly side), where designated by the Director of Public Safety)

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

 

Present:   Chief of Police Lacey

 

Motion by Mr. McCuin, Seconded by Ms. Cioffi, that the aforesaid proposed ordinance be ordered advertised for public hearing on July 20, 2020.  (Voted Unanimously

 

 

 7.    UNFINISHED BUSINESS

 

a.    19/20-84 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)

       (Tabled from 6/8/2020)

 

Recommendation from Public Works Committee that the Change Order include Niles Street only and that action be deferred on Boom Bridge Road.

 

Motion by Ms. Cioffi, Seconded by Mr. Aiello, that the aforesaid resolution be amended as recommended and adopted.  (Voted Unanimously)

 

b.    Sale of Town Property – Refer To Planning Board For Recommendation

1.     12 Ledward Avenue (AP 67, Lot 262)

2.     29 Noyes Avenue, Pawcatuck, CT (Plat/Lot 1-3-1)

3.     Tower Street School

 

Motion by Mr. Aiello, Seconded by Mr. McCuin, that the aforesaid properties be referred to the Planning Board for review and recommendation.  (Voted Unanimously)

 

6:25 P.M.  Councilor Cooke left the meeting and was absent for the remainder of the meeting.

 

 

 8.    POSSIBLE EXECUTIVE SESSION

 

Motion by Ms. Cioffi, Seconded by Mr. McCuin,to go into 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)(1) Personnel – Town Manager Evaluation.  A poll vote was taken as follows and the motion failed:  (Voted by poll vote as follows and the motion failed 4 to 2)

 

                        YES                 NO

 

                        Cioffi             Aiello

                        Duhamel       Giorno

                                             McCuin

                                             Ahern

Cooke – Absent

 

 

 9.    ADJOURNMENT

 

        6:35 P.M.  Voted Unanimously to adjourn.

 

ATTEST:

 


Donna L. Giordano, MMC

Council Clerk

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

 

 

 

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