THIS MEETING WAS CONDUCTED VIA ZOOM

 

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

 

 

 1.    5:34 P.M.  CALL TO ORDER

 

Present:   Pres. Duhamel

                 T. Mgr. Rooney

                 Co. Clk. Giordano

 

In Attendance Remotely:   Vice Pres. Giorno

                                            Councilors Cioffi, Aiello, Ahern, McCuin

                                            Act. T. Sol. Pecchia

 

Absent:    Councilor Cooke (arrived 5:37 p.m.)

                 T. Sol. Conley

                 T. Sgt. Falcone

 

Also Present:  Chief of Police Shawn Lacey (left 6:14 p.m.)

 

Also In Attendance Remotely:   Dyann Baker, Finance Director

                                                   Amy Gryzbowski, Emergency Management Director

                                                   Lisa Konicki, President, Ocean Community Chamber of

                                                      Commerce

 

INVOCATION – Councilor McCuin

 

SALUTE TO THE FLAG – Council President Duhamel

 

 

 2.    PRESENTATION

 

a.     COVID-19 Update

 

        Report from Christopher A. Duhamel, Council President

 

     President Duhamel announced that new guidelines were received today from Governor Raimondo.  He reported that he has observed people being very calm and respectful and asked that they continue to adhere to social distancing and mask wearing and to cooperate with the police who are working to keep everyone safe.

 

Report from J. Mark Rooney, Town Manager

 

     Mr. Rooney reported that Phase III will begin tomorrow; that capacities for indoor and outdoor setting have increased; that venues, such as movie theaters and other free-flowing venues, can open, provided there is only one person per 100 square feet; that weddings and small settings can also take place; that festivals and religious services can now take place with 125 people or 66% capacity and six-foot social distancing; and that social gathering limits are still 25 people indoors and 50 outdoors with the exception of catered events, which can be larger upon submittal of a plan with the Department of Business Regulation.  He stated that the requirement for face coverings will extend to August 3^rd along with the disaster declaration for federal funding and an additional thirty-day wait for inspections for firearm permits.  He further stated that quarantining will be required for persons travelling to Rhode Island from hot spot states.

 

Report from Shawn Lacey, Chief of Police

 

     Chief Lacey reported that large crowds are expected for the holiday weekend; that the State Beach will now be at 66% capacity; and that there are no restrictions on the number of cars at private parking lots.  He stated that the biggest challenge and the number of complaints received are about social distancing and face masks.  He noted that the requirements for social distancing and the wearing of face masks have been extended and stated that face coverings must be worn; however, at the beach, face masks do not have to be worn in the water, when sitting outside the six-foot social distancing and when sitting with the same group of people.  He stated that he expects the beaches and parking lots to be at capacity this coming weekend and suggested that people should try to travel to the beach earlier in the day.  He further stated that there has been an increase in accidents and road rage incidents; that restaurants can now go to 66% capacity; however, there is still no bar service, only service of alcohol at tables, thus spot checks will be conducted; that retail is still at 1 person for every 100 square feet; that big box stores are not taking number counts, but will do so if numbers start to increase; and that there is a fourteen-day quarantine requirement for anyone coming to Rhode Island from a state that has a stay-at-home order.  He stated that he hopes that people are mindful of the restrictions in order to keep the number of infections reduced.

 

Report from Amy Gryzbowski, Westerly EMA Director

 

     Ms. Gryzbowski reported that the meals program is done; that since April over 6,100 meals have been disseminated to the community; that currently there are no patients at the Westerly Hospital Done with meals program; and that overall statewide hospitalizations are down.

 

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

 

     Ms. Konicki reported that several small business were successful in winning laptops through a Microsoft grant designed for women- or minority-owned businesses; that another grant for marketing and employee support is available for businesses with twenty-five or less employees, the deadline for which is tomorrow and the application can be obtained on line on the Chamber website; and that the results of the grant will be reported in a couple of weeks.  She stated that she has not heard from the Department of Business Regulation regarding approval for the Virtu art show, but hopefully the plan will be reviewed this week, and that the Mystic Art Show has been cancelled for August, but that other dates are being considered.  She reported that PPE has been distributed to several Phase III businesses; that restaurants are reporting very strong takeout sales with outdoor dining coming in second and indoor dining coming in a distant third; and that the Chamber is retooling some of the holiday events; that Santa's Arrival will take place at Chamber Way, which will become a drive-through winter wonderland.  She stated that the Chamber fields a ton of concerns and complaints regarding people not wearing masks, calls concerning the rules regarding quarantining, and noted the option for testing for out-of-staters.

 

 

 3.    CITIZENS COMMENTS

 

     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

 

     Councilor Duhamel addressed emails he received regarding an incident that took place in Wilcox Park last year concerning an individual who was confronted and asked to leave.  He stated that this is not a Town issue as the park is privately owned by the Memorial and Library Association.  He read a statement provided by the Town Solicitor, which is made a part of the record of these proceedings.  He further stated that the Town is working with the Library regarding this matter and is not stopping anyone from visiting the library or the park.

 

 

 4.    CONSENT CALENDAR

 

        a.     Approval of Minutes

 

Special – 6/22/20

 

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

 

        b.     Fiscal Matters

 

1.     19/20-85 Resolution Authorizing Payment To DeSisto Law LLC (Legal Matter - $15,712.50)

 

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

 

     Councilor Ahern requested that the Town Solicitor look into the possibility of joining Interlocal Risk Management Trust due to the number of claims.

 

 

5.     NEW BUSINESS

 

a.     Debris Management Plan Approval – Discussion and Possible Action

 

Present:   Amy Gryzbowski, Emergency Management Director

 

     Town Manager Rooney explained that the plan, if adopted, will help with FEMA reimbursement in the event of a disaster.

 

     Ms. Gryzbowski stated that the plan is up to date; that the consultant reviewed the temporary disposal sites; and that the sites are Craig Field, Cimalore Field, and Old Hopkinton Road for vegetative debris and Misquamicut State Beach for sand.

 

Motion by Mr. McCuin, Seconded by Mr. Cooke, that the Debris Management Plan be adopted.  (Voted Unanimously)

 

b.     Tower Street School – Discussion and Direction

 

     Town Manager Rooney reported that Superintendent Garceau will need until the end of August to move out of the Tower Street school and is working with the subcommittee to find alternate locations for the programs.  He stated that a bid opening was held last Thursday for demolition of the property with the cost ranging from $400,000 to $1 million; that a firm was engaged to appraise the property as is including demolition; and that he will be putting a contract before the Council for a real estate agency to be a broker for the property.  He further reported that the subcommittee is looking at Bradford School and the PACE building to possible move the occupants of the transition program

 

     Discussion was held regarding a time to review proposals.

 

Motion by Mr. Aiello, Seconded by Mr. McCuin, that the School Department be granted an extension to August 31, 2020 to vacate the Tower Street community Center building.  (Voted Unanimously)

 

c.     Resolution Of The Town Of Westerly In Support Of Giving Municipalities The Flexibility To Determine School Reopening Dates

 

     Each Councilor expressed his/her opinion pro and con regarding the aforesaid resolution.

 

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

 

d.     Proposed Ordinance – “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’”

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

 

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)

 

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

1.     Winnapaug Pond Dredging Project – Ten-Year Bond vs Five-Year Annual Appropriation

2.     RIIB – Infrastructure Sewer Bond for Grant Match

a.     19/20-86 Resolution Of The Town Of Westerly Authorizing and Approving The Issuance Of Bonds And Notes In An Amount Not To Exceed $1,550,000 To Provide Matching Funds to Finance Improvements To The Westerly Wastewater Treatment Facilities Including Strengthening Resilience Of Wastewater Collection And Treatment Infrastructure

 

Present Remotely:  Dyann Baker, Finance Director

 

     Town Manager Rooney explained what the difference in cost would be to go to bond at $100,000 a year and a 1.5% interest rate vs a five-year annual appropriation at $200,000 a year for the Winnapaug Pond dredging project.  He stated that staff is recommending a referendum.

 

     Each Councilor expressed his/her opinion pro and con regarding placing a bond question on the November ballot.

 

     Discussion was held regarding the upgrade of the Sewer Treatment Plant through a sewer bond grant match referendum versus the use of Sewer Fund Balance, the improvement of the berm around the treatment plant, as well as the need to establish a policy for enterprise funds.

 

Motion by Ms. Ahern, Seconded by Ms. Cioffi, that the Winnapaug Pond Dredging Project be funded by a five-year annual appropriation.  A poll vote was taken as follows and the motion failed:  (Voted 3 to 4)

 

                                                YES                                         NO

 

                                               Cioffi                                     Aiello

                                               Cooke                                   Giorno

                                               Ahern                                    McCuin

                                                                                             Duhamel

 

Motion by Mr. McCuin, Seconded by Ms. Giorno, that the resolution to use the RI Infrastructure Bank for the Sewer Bond Grant Match and to place a bond question on the November ballot be adopted.  A poll vote was taken as follows and the motion carried:  (So Voted 4 to 3)

                                               

                                                YES                                         NO

 

                                             Aiello                                       Cioffi

                                             Giorno                                     Cooke

                                             McCuin                                   Ahern

                                             Duhamel

 

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

 

Motion by Mr. McCuin, Seconded by Ms. Cioffi, to suspend the Rules of Procedure to discuss the following matter:  (So Voted 6 to 1 – Councilor Aiello dissented)

 

f.     Draft Town Charter Questions – Discussion

 

     Council President Duhamel referenced an email from Christian Lund regarding term limits for the Council and the position of Director of Public Works, which email is made a part of the record of these proceedings.  He also addressed a memorandum from Town Solicitor Conley explaining that the term limits for the Council and the "revolving door" policy are issues that cannot be put forth to a referendum by the Council due to a conflict of interest, said memorandum being made a part of the record of these proceedings.

 

     Councilor Ahern requested that the issues of term limits and "revolving door" be removed from discussion, but felt that the removal of the position of Director of Public Works is worth putting to a referendum for deletion of a position that is expensive and proven to be not needed.

 

Motion by Ms. Ahern, Seconded by Ms. Cioffi, that a question be placed on the November ballot seeking removal of the position of Director of Public Works from the Charter.  (Voted 6 to 1 – Councilor Aiello dissented)

 

     Councilor Aiello stated for the record that he does not support any significant Charter changes at this time.

 

 

 6.    POSSIBLE EXECUTIVE SESSION

 

Motion by Mr. Aiello, to go into Exec 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)(2) Litigation – Smith vs. Westerly ALT-0081392 for Litigation only.  There was no second.

 

Motion by Ms. Cioffi, Seconded by Ms. Giorno, 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)(2) Litigation – Smith vs. Westerly ALT-0081392 – Update and Possible Settlement Offer Authority and §42-46-5(a)(1) Personnel – Town Manager Annual Evaluation.  (Voted Unanimously by poll vote)

 

     Council President Duhamel announced that such person has been notified in writing and advised that they may require that such discussion be held at an open meeting.

 

7:15 P.M.  EXECUTIVE SESSION

 

     The purpose of this Executive Session was to discuss Litigation and Personnel.

 

*                    *                    *                    *                    *

 

7:50 P.M.  Voted Unanimously to adjourn and seal the minutes of this Executive Session.

 

7:51 P.M.  Reconvened Open Session.

 

Executive Session Report

 

     Council President Duhamel announced that the Council was updated on Litigation and, under Personnel, the Town Manager's job performance.

 

Motion by Ms. Cioffi, Seconded by Ms. Giorno, that the Executive Session minutes be sealed.  (Voted Unanimously)

 

 

 7.    ADJOURNMENT

 

        7:55 P.M.  Voted Unanimously to adjourn.

 

 

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