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REGULAR MEETING

WESTERLY TOWN COUNCIL

COUNCIL CHAMBERS

 

 

 

MONDAY

MAY 18, 2019

6:00 P.M.

 

 

 

 

THIS MEETING WAS CONDUCTED VIA ZOOM

 

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

 

 1.    6:05 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

 

Also Present:  Chief of Police Shawn Lacy

                        Finance Director Dyann Baker

                                  Asst. Director DPW/Utilities Bill Beauregard

 

INVOCATION – Councilor Giorno

 

SALUTE TO THE FLAG – Council President Duhamel

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

Motion made and duly Seconded to adopt the following resolution, read aloud by Councilor Aiello.  (Voted Unanimously)

 

a.     Proclamation – Memorial Day, May 25, 2020 – Honoring All Veterans Video

 

     Councilor Giorno acknowledged all veterans and thanked them for their service. 

 

     Councilor Aiello noted Public Law 106-579, National Moment of Remembrance Act, which asks all Americans to have a one-minute moment of silence at 3:00 p.m. on Memorial Day in honor of all those who died in war.

 

 

 3.    PRESENTATIONS

 

a.     COVID-19 Update Video

Report from Christopher A. Duhamel, Council President

 

     Council President Duhamel thanked Governor Raimondo for her tireless efforts to keep Rhode Island citizens safe and create a situation for the State to rebound.  He stated that the Governor’s staff, including RIDEM Director Janet Coit, have been actively establishing rules and regulations for the operation of the beaches.  He stated that the Governor is allowing the Town of Westerly to open the parking lots of the Town beaches with certain requirements.  He addressed the Governor’s Executive Order regarding limited operations for outdoor dining for restaurants, which started today, and the Town Manager’s Executive Order that relaxes some of the zoning regulations in order for restaurants to be able to offer this service.  He noted, however, that police and fire approvals and a diagram will be required.  He announced that the Town Hall will reopen on Tuesday, May 26, 2020, with defined access to specific offices and safety measures in place.  He emphasized that many services can be obtained on-line, by mail, or using the drop box located outside the Town Hall.  He addressed the Transfer Station, noting that all fees must be paid by check or credit card, that no cash transactions will be allowed, and that there is no assistance available for unloading debris in order to maintain social distancing.  He reported that the penalty for late payment of taxes has been waived and tax payments have been extended to June 1, 2020.  He stated that beach passes are being processed through the mail.  He noted that the Town Council is still required to meet remotely.  He stated that places of worship may begin to open starting May 31st.

 

Report from J. Mark Rooney, Town Manager

 

     Town Manager Rooney stated that the deadline for submitting mail ballot applications for the Presidential Preference Primary is Tuesday, May 19th, that the emergency mail ballot period starts on Wednesday, May 20th, and that the Town Clerk’s office is available to assist voters.  He announced that the doors of the Town Hall will be open beginning Tuesday, May 26th, but he encouraged the public to continue to use the online services, the mail, or the drop box located outside the Town Hall.  He stated that beach passes will continue to be processed by mail; however, forms will be available for pickup at the Town Hall for those who do not have online access.  He stated that signs will be posted outside the Town Hall defining access to specific Town Hall offices.  He addressed the Executive Order on outdoor dining, stating that there are no zoning requirements or fees; however, the establishments will still be required to submit a plan, to obtain police approval and to obtain fire marshal approval for the use of a tent.  He stated that the municipal beaches are allowed to open starting May 22nd under certain social distancing restrictions with lifeguards and beach attendants, but that the State beach parking lot will remain closed until further notice.  He encouraged everyone to be kind and courteous to one another. 

 

Report from Amy Gryzbowski, Westerly EMA Director, remotely

 

     Ms. Gryzbowski reported that weekly meal distributions continue with a total of 2,550 meals being distributed to residents of Westerly and surrounding communities and stated that the Town will continue to receive meals from URI through the State for another two weeks.  She expressed her appreciation for the 500 meals received weekly, thanked all the volunteers who deliver the meals to over 160 residents, and also thanked the Ocean House for supplementing the Town with 50 additional sandwiches each week which helped with the need.  She stated that Westerly Hospital reported today that it has no COVID patients; that elective surgeries and procedures resumed on May 13th and the community should feel confident to use the hospital; that all who enter are asked to wear a mask and will be screened in the main lobby; and that the hospital is still maintaining strict level one restrictions.  She reported that she is still coordinating with RIEMA who recently started to hand out personal protective equipment to police and fire departments every two weeks.  She thanked the residents of Westerly for continuing to follow the directives from the Governor and Town Manager and asked everyone to continue to check in on their friends and neighbors and continue of offer kindness to those around us.

 

Report from Shawn Lacey, Chief of Police

 

     Chief Lacey addressed the new seating restrictions for restaurants who offer outdoor dining, stating that establishments need to submit a plan and obtain police approval.  He reported that the Police Department met with beach establishments to review their plans for outdoor dining, explained what would and would not be allowed, and stressed that public safety is first and foremost.  He addressed the mask requirements, noting that if people are in a business or a restaurant they are required to wear a mask; however, people enjoying the outdoors and maintaining a six-foot distance are not required to wear a mask.  He stated that people out walking should have a mask with them in the event they come within the six-foot distance requirement and further stated that taxi and Uber drivers are required to wear a mask.  He addressed private parking lots in the beach areas, stating that no restrictions have been placed on the number of vehicles and social distancing requirements have not been announced.  He further reported that there are no restrictions on beaches with regards to walking, swimming or sunbathing, but that the Police Department will be monitoring the beaches for compliance with a four-wheeler from East Beach to the breachway.  He reported that the out-of-state fourteen-day quarantine requirement is still in effect and will continue to be monitored.  He further reported that all parking restrictions in Watch Hill go into effect on Saturday, May 23rd and will be enforced. 

 

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

 

     Ms. Konicki announced a new program, which is available through May 26th for RI businesses, that offers 500 free laptops to help businesses work remotely or to offer offsite sales or e-commerce.  She stated that the application is available on the Chamber of Commerce Facebook page.  She stated that the PPP Loan Forgiveness application and guidelines are also now available.  She announced that starting at 3:30 p.m. on Wednesday, May 20th, the Chamber of Commerce will be distributing free hand sanitizer, disinfectant and masks courtesy of the State of Rhode Island and the only requirement is that the business, organization, etc. must appear in person at the Chamber with a completed COVID-19 control plan.  She addressed the requirements for retail establishments.

 

b.     Upgrades And Improvements To Water And Sewer Infrastructure – Update – Bill Beauregard, Assistant Director/DPW – Utilities Video

1.     Water Department Overview / Outline 2020-2021

2.     New Canal Street Grant Application

3.     Old Canal Street Grant Application

4.     Wastewater Treatment Facility Grit Vortex Separator Grant Application

5.     Wastewater Treatment Facility Perimeter Berm Grant Application

6.     Grant Match Summary / Outline

 

Present:   Bill Beauregard, Assistant Director of DPW/Utilities

                                                                                           Dyann Baker, Finance Director

          Town Manager Rooney updated the Council on the aforesaid matter, stating that, although the aforesaid items are appropriated in the budget, before the funds are spent on any project, he will come before the Council with a plan for each of the projects, the exact cost of same, the Town’s cost share, as well as for a discussion regarding working with RI Infrastructure Bank and deciding on a possible bond referendum.

 

c.     Quarterly Update Of FY2019/2020 BudgetDyann Baker, Finance Director Video

 

Present:   Dyann Baker, Finance Director

 

     Ms. Baker provided the quarterly report on the aforesaid budget, stating that the Town is trending well in taxes; that a decline in state aid funding, which is related to the tourist industry, is anticipated; that a decline in recreation revenue is anticipated due to the lack of programs; and that there is an upside on the transfer in recovering costs in the General Fund.  She noted that $3 million in revenues related to the solar array project will not be realized this year, but they are offset by expenditures for the land purchase.  She stated that the remaining $600,000 reduction in revenues is related to a reduction in police detail revenues due to less activity, which is offset by $300,000 in the budget.  She further stated that the loss of revenue is focused on $300,000 related to the state grant-in-aid which will not be received for the fourth quarter of the year.  With regards to expenditures, she reported that, after meeting with several department heads, expenses were able to be reduced by $3.7 million.  She noted an overage in legal fees related to out-of-scope services of the Town Solicitor and in the Planning Department due to fees related to the Comprehensive Plan.  She stated that the Town is anticipating a $130,000 surplus and will continue to update the numbers.  She noted that a separate account was set up for COVID-19 to capture costs associated with it and maximize on reimbursement at seventy-five percent.  She noted those items eligible for reimbursement.  She further noted that the IRS is not requiring full payment of the social security tax for the rest of the year and will provide information on the impact to the Council.

 

          Mr. Rooney expressed appreciation to the taxpayers who were able to pay their taxes on time.

 

 

 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. 

 

     Members of the public were invited to participate in Citizens’ Comments.

 

a.     Correspondence from Marguerite Capone, 3 Sycamore Dr – re: Suggestions for beach openings

 

COUNCILORS’ RESPONSE

 

        None

 

 

 5.    CONSENT CALENDAR Video

 

        a.     Approval of Minutes

 

Regular – 5/11/20

Executive – 5/11/20 (Sealed)

 

     Councilor Aiello stated that the May 11, 2020 Regular Meeting minutes will be postponed to the next Regular Meeting.

 

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

 

        b.     Fiscal Matters

 

        None

 

        c.     Appointments and Resignations

 

                       None

 

 

 6.    PUBLIC HEARINGS (Adv. on   5/11/20   for this time)

 

a.     FY2020/2021 Water & Sewer, Transfer Station and Self-Insurance Fund Budgets Video

       

Present:   Dyann Baker, Finance Director

                 Bill Beauregard,

 

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

 

     No one appeared remotely in favor or in opposition.

 

Motion by Mr. McCuin, Seconded by Ms. Giorno, that the public hearing be closed and the FY2020/2020 Water & Sewer, Transfer Station and Self-Insurance Fund Budgets be adopted.  (Voted Unanimously)

 

b.     Proposed Ordinance – “An Ordinance Setting Water Rate Scheduled For The 2020-2021 Fiscal Year” (Single Unit Residential - $86.00 per unit Service Charge plus $4.36 per 100 cu. ft. in excess of 4,800 cu. ft. per meter; Commercial & Industrial - $86.00 per unit Service Charge plus $5.06 per 100 cu. ft. in excess of 4,800 cu. ft. per meter Video

 

Present:   Dyann Baker, Finance Director

                 Bill Beauregard, Assistant Director of DPW/Utilities

 

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

 

     No one appeared remotely in favor or in opposition.

 

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

 

c.     Proposed Ordinance – “An Ordinance Establishing The Sewer Use Or Service Charge For Fiscal Year 2020-2021” ($306.00 per unit) Video

 

Present:   Dyann Baker, Finance Director

                 Bill Beauregard, Assistant Director of DPW/Utilities

 

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

 

     No one appeared remotely in favor or in opposition.

 

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

 

d.     Proposed Ordinance – “An Ordinance Establishing The Ad Valorem Tax On Personal And Real Property For The Fiscal Year 2020-2021” ($0.54 per $1,000 of assessed valuation) Video

 

Present:   Dyann Baker, Finance Director

                 Bill Beauregard, Assistant Director of DPW/Utilities

 

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

 

     No one appeared remotely in favor or in opposition.

 

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

 

7:15 P.M.  Finance Director Baker and Assistant Director of DPW/Utilities Beauregard left the Council Chambers.

 

 

 7.    NEW BUSINESS

 

        None

 

 

 8.    UNFINISHED BUSINESS

 

               None

 

 

 9.    COMMUNICATIONS & REPORTS

 

        a.     Liaison Reports Video

 

1.      Ocean Community Chamber of Commerce – Provided an update on the One Fund Committee; expressed pride that so many have contributed to the downtown businesses; $10 Chamber gift certificates were distributed last week; had awesome and successful 351st Town birthday celebration with drive by at Town Hall; everyone ordered food from a local restaurant and they were rewarded with Chamber gift certificates  (Councilor Giorno)

       

2.      Westerly Memorial Library and Park – Will have report for next meeting and will answer questions regarding the use of the park and how to accommodate events going forward  (Councilor Giorno)

 

3.      Fact-Finding Group on Bradford and Tower Street School Buildings – Received information on square footage of rooms available in Bradford Elementary School and information on space requirements to determine where programs could fit and will bring findings back to the Council  (Councilor Ahern)

 

4.      Recreation Board – Will be meeting within the next two weeks  (Councilor Aiello)

 

5.      Economic Development Commission – Will be meeting virtually Wednesday, May 18, 2020  (Councilor Aiello)

 

6.      Misquamicut Beaches – Disappointed that Governor is not opening the State Beach for Memorial Day weekend; requested that Town Beach and Wuskenau Beach social media pages be updated regarding the purchase of beach passes  (Councilor Cooke)

 

7.      Westerly Senior Center – Attempting to distribute thirty meals a day; on Fridays, an average of 618 meals are delivered by volunteers and the police; explained the plans for repairs and renovations to the Center  (Councilor Cioffi)

 

8.      Development Services Department – On June 1, 2020, the aforesaid department will be presenting to the Council its plans to streamline permitting services to allow staff greater authority  (Council President Duhamel)

 

        b.     Town Council - None

 

        c.     Town Manager Video

 

1.      Development Services Department – Town Manager Rooney explained the plans to streamline permitting services in the aforesaid department, which will be called “Get To Yes”, and will be seeking Council approval.

 

2.      Boom Bridge – Town Manager Rooney reported that Boom Bridge is on schedule and that a celebration is being planned for October with North Stonington for a first vehicle crossing.

 

3.      National Grid Parking Lot, Canal Street – Town Manager Rooney reported that National Grid will be meeting with staff tomorrow to discuss plans for the lot and he will provide information to the Council.

 

4.      Recreation Programs – Town Manager Rooney reported that he and the Recreation Director are cancelling all summer programs due to the COVID-19 pandemic and, because of the restrictions, they would be cost prohibitive to operate.

 

        d.     Town Solicitor – None

 

        e.     Town Clerk – None

 

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

 

1.      Alcohol On The Beach – Councilor Cooke requested that the ordinance prohibiting alcohol on the beach be placed on a future agenda.

 

2.      Safe Harbor Provision – Council Ahern requested that the Town Solicitor monitor the Safe Harbor provision that is being crafted at the federal level for businesses, etc. regarding COVID-19 losses and that, if the same provision is proposed at the state level, the matter be placed on a Council agenda.

 

        g.     Requests of Town Manager by Councilors Video

 

1.      Railings at Town Hall – Councilor Giorno requested that the Town Manager find out when the rust will be removed from the railings on the steps of Town Hall.

 

2.      Extension for Water and Sewer Payments – In response to Councilor Aiello, Town Manager Rooney stated that requests for extensions of the grace period on bill payments for businesses, etc. are being managed by the Water Department and the staff is being very flexible in this regard.

 

 

10.   POSSIBLE EXECUTIVE SESSION Video

 

Motion by Mr. McCuin, 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)(5) Land Disposition – Vacant Lots Off Tarrapat Drive; §42-46-5(a)(5) Land Disposition – Sale of Old Town Garage (AP 76, Lot 69); §42-46-5(a)(2) Litigation – Smith vs. Westerly ALT-0081392 – Settlement Offer Authority.  (Voted Unanimously by poll vote)

 

7:35 P.M.  EXECUTIVE SESSION

 

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

 

*                    *                    *                    *                    *

 

8:00 P.M.  Voted Unanimously to adjourn and seal the minutes of this Executive Session.

 

8:03 P.M.  Reconvened Open Session.

 

Executive Session Report

 

     Council President Duhamel announced that the Council, under Land Disposition, directed the Town Manager to obtain offers on the sale of the Old Town Garage and to seek appraisals for the vacant lots on Tarrapat Drive, and, under Litigation, directed the Town Solicitor to authorize the settlement offer in the matter of Smith vs. Town of Westerly.

 

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

 

 

11.   ADJOURNMENT Video

 

        8:05 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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