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

 

Present:   Pres. Duhamel, Vice Pres. Giorno

                 Councilors Aiello, Cooke, Ahern, McCuin

                 T. Mgr. Rooney, Co. Clk. Giordano

                 T. Sgt. Falcone

 

In Attendance Remotely:   Councilor Cioffi

                                            T. Sol. Conley

 

Also Present:   Shawn Lacey, Chief of Police

 

INVOCATION – Councilor Cooke

 

SALUTE TO THE FLAG – Council President Duhamel

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

Motion by Mr. Cooke, Seconded by Mr. Aiello, that the following resolutions be adopted:  (Voted Unanimously)

 

a.     Appreciation – Kenneth Burton, Volunteer Service

 

     Mr. Kenneth Burton was present to accept the aforesaid resolution, read aloud by Councilor Cooke. 

 

b.     Appreciation – WBLQ Radio Station, Service to the Community

 

     Mr. Christopher DiPaola was present to accept the aforesaid resolution, read aloud by Councilor Giorno. 

 

c.     Appreciation – Ocean Community Chamber of Commerce, Service to the Community

 

     Ms. Lisa Konicki, President, Ocean Community Chamber of Commerce and Ms. Maria DiMaggio were present to accept the aforesaid resolution, read aloud by Councilor McCuin. 

 

d.     Congratulations – The Officers of Amancio-Falcone-Gaccione VFW Post 8955 and VFW Auxiliary 8955

 

     Ken Burton, William Siano and Raymond Blanda, Sr. were present to accept the aforesaid resolution, read aloud by Councilor Aiello. 

 

e.     Congratulations – Amancio-Falcone-Gaccione VFW Post 8955, All-State Status for Five Consecutive Years

 

     Mr. Kenneth Burton, Mr. William Siano and Mr. Raymond Blanda, Sr. were present to accept the aforesaid resolution, read aloud by Councilor Ahern. 

 

 

3.     PRESENTATIONS

 

a.     COVID-19 Update

 

               Report from J. Mark Rooney, Town Manager

 

     Town Manager Rooney announced that the Town Hall will be open on Saturday, October 31, 2020, from 10:00 a.m. to 2:00 p.m. for early voting.  He stated that if anyone is unable to stand in line for a long period of time and requires assistance can call the Canvassing Office to be moved to the front of the line.  He reported that heat lamps provided by the Chamber of Commerce will be used along the voting line. 

 

Report from Shawn Lacey, Chief of Police

 

     Chief Lacey reported that the number of COVID cases is increasing; that, last Friday, the State performed over 14,000 tests and the positivity rate was 3.2%; that this week the uptick is 2.0 percentage of positivity; that hospitalizations decreased from 116 patients last week to 94 patients this week; and that last week in Rhode Island there were 126 cases per 100,000 and this week there are 49 cases per 100,000.  He stated that the total number of positive cases in Westerly since March is 169; that there are currently no hospitalizations; and that there is a minimal amount of positive cases in the Town.  He stated that there should be no residential gatherings over 15 people for both indoors or outdoors; that social gatherings can have up to 100 people indoors and outdoors as long as it is at a catered venue; that establishments can only be at 66% capacity with six-feet social distancing; that venues, such as performances, are limited to 125 indoors and up to 250 outdoors with a COVID plan in place approved by both the Department of Health and the Town.  He addressed trick or treating, stating that the Governor is asking that it not go beyond dusk; that families should stay within their normal regular social group; that households not hand out candy, but rather prepare it in individual bags and leave it out in a bowl; and that all trick or treaters wear face masks.  He stated that the Governor is recommending no traveling in state or out of state for Thanksgiving; that family members coming home for Thanksgiving from a red state must quarantine for 14 days; and that only one person should be serving the Thanksgiving meal rather than serving it buffet style.  He stated that he expects there to be further restrictions put in place with the upcoming holidays.

 

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

 

     Ms. Konicki was present and thanked IT Director Marc Tate for assisting the Chamber with its candidates’ night forum, noting that over 2,300 people have watched the forum online.  She reported that the Chamber delivered three heat lamps to the Town Hall to provide warmth for voters waiting in line outdoors to vote and stated that 10x10 tents can also be provided, if needed.  She stated that the Police Department did an exceptional job providing service on every Sunday Funday and that many of the businesses want to hold Sunday Fundays in the spring.  She announced that there will be no Halloween parade or holiday stroll in downtown this year, but that the Chamber will provide virtual holiday shopping experiences on Facebook Live on December 2^nd, December 5^th and December 12^th to support local businesses.  She announced that Watch Hill will be producing a retail event for the holidays on November 28^th and that any business or non-profit that would like to participate can contact the Ocean House and that donations will be made to local charitable organizations.  She stated that the Chamber is offering one royal blue 14x16 heavy duty awning with frame for free to any Westerly business that is interested.  She announced that Santa's arrival will combine with elements from last year’s light parade and take place on Chamber Way with costumed characters along the route and that spectators will watch from their vehicles. 

 

b.     2020-2021 First Quarter Budget Results - Dyann Baker, Finance Director

 

Present Remotely: Dyann Baker, Finance Director

 

     Ms. Baker presented the financials for the first quarter of 2021.  She provided caparisons to the first quarter of 2019 and reported that the Town is trending very close to property tax collection of the prior year.  She stated that there is a little bit of a difference in licenses and permits.  She stated that interest income to the Town is expected to be lower because of lower interest rates and a different cash flow.  She reported that the total revenue is 35% of the budget versus 32% the prior year in the same period.  She stated that expenditures are trending as expected; noting that most budgets are 25% or less than the annual budget which is appropriate for the first quarter.  She stated that there has been some increase in expenditures, such as technology needed for the meetings, and technology for both the Town and Public Safety in replacing devices.  She stated that although recreation is high for the percentage of the budget, it is typical this time of year being that the heavy time is over the summer.  She reported that total expenditures are $24,350,873 for a favorable net result of $8,470,876.  She stated that the State budget has not yet been adopted so the Town is vulnerable in the meal and hotel tax and motor vehicle reimbursement.  She stated that the Town Manager has addressed required spending and the filling of vacant positions.  She reported that the Department of Public Works has been very conservative in its spending, including capital expenditures.  She addressed subsidies that have not received funding due to events that have not taken place.  She noed that the audit is taking place now and that the 2020 results should be available in about two months.  She reported that the enterprise funds are doing well and that there has been an improvement in the Transfer Station for 2020. 

 

     Town Manager Rooney stated that the Council was provided with copies of the next budget year subsidy letters to review and that any proposed changes can be addressed on November 9, 2020.

 

 

 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. 

 

     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

 

a.     Steven Cersosimo, 4189 Old Post Rd, Charlestown - re: Rights-of-way; hoped that all rights-of-way will be sent to CRMC for review; commended Town Manager Rooney for work he has done

 

b.     Benjamin Weber, 3 Blossom Ct - re: Rights-of-way; appreciates efforts of Town Manager regarding rights-of-way; to date has not received response to his questions; would like survey on breachway and Spring Avenue

 

c.     James Tarbox, 52 Riverview Ave - re: Rights-of-way; would like Town to take control of all rights-of-way; hope Council will vote

 

d.     James Malardo, 104 South Woody Hill Rd - re: Rights-of-way; people very passionate; asked Council to have tolerance; would like all rights-of-way turned over to CRMC; would like vote to be taken

 

The following citizens participated remotely:

 

e.     Anthony Palazzolo, Esq., 285 Pendleton Hill Rd., North Stonington CT - re: Rights-of-way; thanked Council for agreeing to vote on Spring Avenue; hearing things from Town Manager that are not believable

 

f.     Jason Jarvis, 70 Beach St - Rights-of-way; Council should vote on sending to CRMC

 

g.     Ellen Kane, 76 Winnapaug Rd - re: Rights-of-way; thanked Council for addressing Spring Ave; fiscally prudent to refer all rights-of-way to CRMC for a thorough investigation

 

h.     Hatsy Moore, 32 Yosemite Valley Rd - re: Comprehensive Plan; 2018 plan never sent to state; 2019 plan was sent; would like clarification as to why 2018 plan was replaced; zoning ordinance amendments

 

i.      Paula  Ruisi, 3 Shepherds Run - re: Building Height; concerned that it has passed and been acted on; building already built before voted on; addressed February meeting at library; would like to have answer as to how building was built before zoning regulations approved

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens’ Comments regarding changes to building height that was discussed last week but not adopted; the process for the adoption of and State approval of the 2018 Comprehensive Plan and the current process for the 2020 Plan, the assumption that the Council would be voting tonight to refer Spring Avenue right-of-way to CRMC for revie, other rights-of- way that are not in dispute, and the request for the Town Manager to respond to Benjamin Weber’s questions.

 

     Councilor Ahern provided a copy of CRMC’s Citizens’ Guide to assisting in the right-of-way designation process and requested that the guide be uploaded to the Town’s website. 

 

     Council President Duhamel read into the record the names of those who submitted correspondence to date regarding rights-of-way, said list being attached hereto.

 

Motion by Mr. Aiello, Seconded by Mr. Cooke, to move to Item 8 Unfinished Business at this time.  (Voted Unanimously)

 

 

5.     CONSENT CALENDAR

 

        a.     Approval of Minutes

 

Committee of the Whole – 10/5/20

Regular – 9/28/20

Special – 10/6/20, 10/14/20

Executive – 10/19/20 (Sealed)

 

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

 

        b.     Fiscal Matters

 

Motion by Mr. Aiello, Seconded by Mr. McCuin, that the following resolutions be adopted:  (Voted Unanimously)

 

1.     20/21-29 Resolution Authorizing Deletions To Tax Rolls ($4,073.42)

 

2.     20/21-30 Resolution Authorizing The Waiver Of Penalty for Late Payments ($277.95)

 

3.     20/21-31 Resolution Authorizing Payment To The Law Office Of Oliverio & Marcaccio, LLP (Litigation Matters - $4,190.00)

 

        c.     Appointments and Resignations

 

               1.     Appointments:

                       a.     Conservation Commission – Full Member

 

     Councilor Giorno nominated Joseph T. MacAndrew for re-appointment to the Conservation Commission.

 

A vote was taken on the nomination of Joseph T. MacAndrew of 1 Sosoa Lane for re-appointment to the Conservation Commission for a three-year term, expiring July 2023 and the motion carried.  (Voted Unanimously)

 

                       b.     Planning Board – Full Member

 

     Councilor Giorno nominated Andrew Delisio for appointment to the Planning Board.

 

A vote was taken on the nomination of Andrew Delisio of 54 Shore Road for appointment to the Planning Board for a five-year term, expiring August 2025 and the motion carried.  (Voted Unanimously)

 

               2.     Resignation:

                       a.     Paul A. Azzinaro, Economic Development Commission

 

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

 

 

 6.    PUBLIC HEARINGS (Adv. on   10/19/20   for this time)

 

a.     Chapter 1996 – “An Ordinance In Amendment Of Chapter 5 Of The Westerly Code Of Ordinances Entitled ‘Boards, Committees And Commission’” (Add Article XX Veterans ‘Rolls of Honor’ Memorial Committee”

 

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

 

     No one appeared in favor or in opposition.

 

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

 

 

 7.    NEW BUSINESS

 

a.     Resolution Authorizing The Town Manager To Sign The Memorandum Of Understanding Between The Town Of North Stonington, Connecticut And The Town Of Westerly, Rhode Island, Regarding A Maintenance Plan, Future Inspection, Reviews And Repairs Of the Boombridge Bridge

 

Motion by Mr. Aiello, Seconded by Ms. Cioffi, that the aforesaid resolution be referred to a workshop for discussion.  (Voted Unanimously)

 

b.     Proposed Criteria – 2020 Update To The Veterans ‘Rolls Of Honor’ (Plaques) At The Westerly World War Memorial

 

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

 

Suspend Town Council Rules Of Procedure – Rule 9(8) – Committee of The Whole Requirement To Discuss And Consider Ordering Advertised For Public Hearing The Following Proposed Ordinance:

 

Motion by Ms. Giorno, Seconded by Mr. Cooke, to suspend the Rules of Procedure as aforesaid.  (Voted Unanimously)

 

c.     Proposed Ordinance – “An Ordinance Authorizing The Transfer Of Funds To Support Animal Control Officer Staffing” ($35,000.00)

        (Order Adv. for Public Hearing on 11/9/20)

 

Motion by Ms. Giorno, Seconded by Mr. McCuin, that the aforesaid proposed ordinance be ordered advertised for public hearing on November 9, 2020.  (Voted Unanimously)

 

d.     November 2, 2020 Committee of the Whole Workshop – Possible Cancellation

 

Motion by Ms. Giorno, Seconded by Mr. Aiello, that the November 2, 2020 Committee of the Whole Workshop be cancelled.  (Voted Unanimously)

 

 

 8.    UNFINISHED BUSINESS

 

        CONTINUED PUBLIC HEARING (Adv. on   7/27, 8/3, & 8/10/2020   for this time)

 

a.     Chapter 1997 – “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)

        (Public Hearing continued from 10/19/20)

 

Recommendation from Planning Board filed 7/9/2020

 

Updated Proposed Zoning Ordinance Amendments as a result of 10/19/20 Meeting

1.     Red Lined Copy

 

Memorandum from Lisa Pellegrini, Director of Development Services, dated October 22, 2020 – re: Proposed Revisions

 

Present:   Lisa Pellegrini, Director of Development Services

                 Nathan Reichert, Zoning Official

                 Todd Romano, Assistant Solicitor for Zoning

 

     Attorney Romano addressed the memorandum from Lisa Pellegrini, Director of Development Services, dated October 22, 2020, regarding Exhibit J - §260.87.6 Development standards for Shore Commercial – Watch Hill (SC-WH), which includes a replacement for Footnote 6 that was removed from the Dimensional Table.  He explained Exhibit K, which is a revision of Footnote 6, that has two sections, one permitting stairwells and elevator overruns beyond what is already permitted for height restrictions in the Shore Commercial – Watch Hill area for handicapped access, and permitting the Planning Board to engage an historical consultant to advise whether any development in Shore Commercial – Watch Hill would be adverse to historical qualities of that zone. 

 

     Participants:  Thomas J. Liguori, Jr., Esq, 85 Beach St - re: height restrictions in shoreline commercial zone; Historical Preservation Commission omitted from Section 260-45 F(1) of ordinance under consideration; asked that sentence be put back in ordinance; William A. Nardone, Esq., 42 Granite St - re: Historical Preservation and Heritage Commission; surprised and disappointed that language regarding Historical Preservation and Heritage Commission does not appear in rewrite of section; Jerry Petros, Esq., Hinkley Allen, representing Watch Hill Fire District and Watch Hill Conservancy – re: advocated for inclusion of RI Historical and Preservation Commission; fire district and conservancy would be happy to work with Town; preserve what is in place to protect historic area; Lisa Konicki, President, Ocean Community Chamber of Commerce – re: would like language regarding Historical Preservation and Heritage Commission put back in for protection; gave example

 

     Discussion was held regarding Exhibit J, which provides for review and recommendation by the Rhode Island Historic Preservation and Heritage Commission for a project in the shoreline commercial area and Exhibit K the recommended amendment to §260-87.6 regarding the hiring of an historical consultant by the Planning Board at the applicant's expense to review the project and make a recommendation.

 

Motion by Mr. Aiello, Seconded by Mr. Cooke, that Exhibit J, amending §260.87.6 Development standards for Shore Commercial – Watch Hill (SC-WH), be rejected, and that Exhibit K, amending §260.87.6 Development standards for Shore Commercial – Watch Hill (SC-WH), and §260 Attachment 10, Schedule of Dimensional Regulations, be adopted. (So Voted 6 to 1 – Councilor Ahern dissented)

 

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

 

Motion by Mr. Aiello, Seconded by Mr. McCuin, to adopt the proposed amendment, date stamped July 9, 2020, as amended by Exhibits A, B, D, E, G, H, and I as approved on October 19, 2020 and by Exhibit K approved October 26, 2020 with all amendments effective upon passage and with referral of §260-73 - Golf Courses to the Planning Board for further review, study and recommendation.  (Voted Unanimously)

 

Motion by Mr. Aiello, Seconded by Mr. Cooke, that the Department of Development Services and the appropriate solicitors review and consider possible language regarding the Development Standards and the RI Historical Preservation Commission to be re-incorporated in §260-45 and presented in the future.  (Voted Unanimously)

 

Motion by Mr. Aiello, Seconded by Ms. Giorno, to revert to Consent Calendar.  (Voted Unanimously)

 

 

 9.    COMMUNICATIONS & REPORTS

 

        a.     Liaison Reports

 

1.     Chamber of Commerce – Successful Candidates Forum on October 22, 2020; many attendees at Sunday Funday in Downtown; encouraged the public to continue to support local businesses; virtual holiday stroll to be held December 2, December 5 and December 12, 2020 – visit Ocean Community Chamber of Commerce website and Facebook page for more information; lights parade and Santa's arrival will take place on Chamber Way  (Councilor Giorno)

 

2.     Westerly Public Library – Discussed and approved a barrier for Columbus statue at meeting last week; another meeting of the security subcommittee will be held on Wednesday, October 28, 2020, to discuss financing and fundraising; Library declining the $5,000 offered by the Town of Westerly because businesses are finding it hard to contribute to the costs knowing that taxpayer monies are being received from the Towns of Westerly and Stonington  (Councilor Giorno)

 

3.     Council Liaison – Extended appreciation to the various boards and commissions he has been involved in over the past four years  (Councilor Aiello)

 

        b.     Town Council – 10/26/20, 10/19/20

 

1.     Item #1 10/19/20 – From Barbara LaFrance – re: Request to lower speed limit on Spring Street – Responding to Councilor Cooke, Town Manager Rooney stated that Chief of Police Lacey is looking into the matter before he can respond to the request.

 

2.     Appreciation – Council President Duhamel and Councilors Giorno and Cooke commended and thanked Councilor Aiello for his hard work, dedication and passion over the last four years.

 

        c.     Town Manager

 

1.     Harbor Management Rights-of-Way Update

(a)   Rights-of-Way Map

(b)   Memorandum from Town Solicitor Conley, dated September 4, 2020 – re: Spring Avenue

(c)   Memorandum from Town Solicitor Conley, dated September 30, 2020 – re: Sand Trail (Ninigret Avenue)

2.     Water’s Edge Public Parking

3.     Niantic Right-of-Way

4.     Manatuck Right-of-Way

5.     Update on DEM Eco-trail Bike Path

6.     Spring Avenue and Sand Trail (formerly called Ninigret) Right-of-Way – Town Manager’s Response of Public Request

 

     Town Manager Rooney reported that he and Town Engineer Zalaski met with CRMC Director Jeff Willis who confirmed that his office will work with the Town to review Spring Avenue and all of the legal aspects involved as a right-of-way.  He stated that CRMC delivered a permit for all rights-of-way along Atlantic Avenue so that granite boundary markers and signage can be erected at the sidewalk area and at the dunes.  He stated that CRMC will also work with DEM to build a right-of-way at the fishermen's trail in Weekapaug, will work with the Town to establish two new rights-of-way to Winnapaug Pond across from the State Beach and the Town Beach as part of the environmental Eco-trail, and will work on the rights-of-way on Waters Edge and Manatuck, both without creating public parking.  He stated that CRMC walked the Town through issues with Fort Road and touched on rights-of-way from 1 through 18.  He felt that a formal vote of the Council was not needed because Town Solicitor Conley is already working with legal counsel for CRMC on the Spring Avenue right-of-way and the sand trail.

 

     It was the consensus of the Council, by poll vote, to have the Town Manager refer Spring Avenue right-of-way to CRMC and to place the matter on the November 9, 2020 Regular Meeting for a formal vote.

 

     Town Manager Rooney Spring Avenue will be placed on the November 9, 2020 Regular Meeting agenda

 

7.     Veterans ‘Rolls of Honor’ Memorial Committee – Town Manager Rooney asked the Council to give consideration to the appointment of Edward Liguori and Walter Kimball to serve on the Veterans ‘Rolls of Honor’ Memorial Committee because of their service on the Permanent Veterans’ Honor Roll Memorial Committee.  

 

        d.     Town Solicitor

 

1.     Memorandum from Town Solicitor Conley, dated July 28, 2020 – re: Request for Legal Opinion – Proposed Zoning Ordinance Amendment & The Town Charter

 

     Town Solicitor Conley explained that, in July, a resident questioned the Town Council's ability per the Town Charter to consider the proposed amendments to the zoning ordinance, which the Council adopted tonight.  He stated that the resident cited several sections of Charter in support of the position that the Council was improperly considering the proposed zoning ordinance amendments and relied upon Section 12-3-2 of the Charter to support the position.  He addressed Section 12-3-2, which is a subsection of Chapter 3 of the Charter, that provides for one mean of presenting a proposed ordinance to the Council.  He stated that the proposed amendments to the zoning ordinance were not submitted to the Council pursuant to that section of the Charter, but through 2-1-9(c) regarding powers of the Council.  He addressed the involvement of the office of Development Services in its review of the proposed amendments and language in the Charter regarding the duties of the Director of Development Services, stating that the Director’s involvement in the development and presentation of the proposed zoning ordinance amendments to the Council was appropriate.  He stated that the process is thoroughly consistent with sections of the Charter regarding zoning ordinances and the processes available to the Council to amend them.  He stated that the process was initiated correctly and, after the required hearings, was properly enacted upon.

 

        e.     Town Clerk

 

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

 

1.     Letter of Opposition – Preservation of Safe Airspace Bill – Councilor Ahern requested that the Council consider a resolution asking Representative Azzinaro to oppose House Bill 7900 regarding the Preservation of Safe Airspace Bill.  She stated that the Council, at its meeting held October 6, 2020, did not endorse the letter from RIAC.

 

2.     Litigation Update – Councilor Cioffi suggested that the newly elected Council be provided with an update on litigation matters. 

 

3.     Round About – Councilor Aiello stated that he spoke with RIDOT regarding possible round abouts at two intersections, Bradford Road and Church Street/South Main Street and McGowan’s corner.  He explained that RIDOT informed him that a letter was needed from the Town Council in order for them to review the request.  Councilor Aiello asked that this matter be discussed at the November 9, 2020 meeting. 

 

        g.     Requests of Town Manager by Councilors

 

        None

 

 

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.