THIS MEETING WAS CONDUCTED VIA ZOOM

 

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

 

 

1.     6:05 P.M.  CALL TO ORDER

 

Present:   Pres. Duhamel

                 Co. Aiello

                 T. Mgr. Rooney

                 Co. Clk. Giordano

 

In Attendance Remotely:   Vice Pres. Giorno

                                            Councilors Cioffi, Cooke, Ahern

                                            Act. T. Sol. Pecchia

                                                    

Absent:    Co. McCuin

                 T. Sol. Conley

                 T. Sgt. Falcone

 

Also Present:  Chief of Police Shawn Lacey

 

Also Present Remotely:  Lisa Konicki, President, Ocean Community Chamber of Commerce

 

        INVOCATION – Councilor Cioffi

 

        SALUTE TO THE FLAG – Council President Duhamel

 

 

 2.    PRESENTATIONS

 

a.     COVID-19 Update

 

        Report from J. Mark Rooney, Town Manager

 

     Town Manager Rooney explained the new seating arrangement in the Chamber, which is a result of the Governor's new edict that distancing now must be ten feet.  He noted that special precaution will be taken to accommodate anyone wishing to address the Council at the podium.   

 

        Report from Shawn Lacey, Chief of Police

 

     Chief Lacy reported that both the Town and State beaches are now closed; that all parking lots are now open; that the Department of Public Works took down all the gates providing access to vehicles and fishermen; and that everything is available for everyone's use, but that there are no lifeguards on duty.  He noted that the CSO program has ended in Watch Hill and that enforcement of parking regulations will lessen going into the autumn months.  He further reported that today, being the first day of school, police officers were at all the schools for safety reasons and to escort the students into the schools.  He stated that there were several complaints regarding vehicles delayed and traffic backed up behind school buses, explaining that this is due to the required questions being asked because of COVID.  He further stated that he had a conference call with the Superintendent of Schools and the Town Manager to try to rectify the matter and that the Superintendent will contact the bus garage to try to accelerate the process.  He further reported that the number of COVID cases is still low at one percent or less; that anyone coming into the state from another state is asked to bring a negative COVID test result; and that a form can be obtained online to carry in the event they need to report to the Department of Health.  He stated that information regarding COVID-19 can be obtained on the State's website.

 

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

 

     Ms. Konicki reported that the Chamber has received delivery of free PPE from the State, being one gallon of disinfectant free to any Rhode Island business to be picked up at the Chamber or dropped off; that the State is also delivering to the Chamber by the end of the week 6,000 free cloth masks available to businesses in the community at 5 cloth masks per business; and that a full supply of each PPE will be available at the Chamber on Friday.  She further reported on the Sunday Funday outdoor shopping and dining experience in downtown, which was in response to the Governor's challenge to "take it outside", noting that it was a tremendous success and had overwhelming support of the residents and businesses downtown, the Town Manager, and the Chief of Police.  She stated that the event provides live entertainment featuring local artists each week and that the Chamber is looking for sponsors for the musicians so that this entertainment will be able to be provided each week as an additional attraction to bring people downtown.  She further stated that the Chamber has been working with the School's art department to see if students who have musical talent would want to participate in the event to showcase their skills.  She stated that the Chamber hopes to have six more Sunday Funday events downtown, which will include pop-up shops from other areas of Town.  She further reported that the Chamber is still in the mode of not hosting the Holiday Stroll, which it feels would be difficult to execute, but that it will devise other marketing initiatives as alternatives.

 

 

3.     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. 

 

a.     James Millardo, 104 S. Woody Hill Rd - re: Spring Road Access; unclear on ownership; overwhelming public interest in keeping it as right-of-way; would like to be involved in the process; would like contact information

 

b.     John Townsend, 26 Avondale Rd - re: Speed Bumps in Avondale; increased speeding traffic; noted the attributes and attractions of Avondale

 

c.     Kirk Materne, 13 Avondale Rd - re: Speed Bumps in Avondale; displayed sample of speed bump; asking for trial; preserve safety; among the narrowest roads in Westerly; prepared to indemnify Town

 

d.     Eric Rogde 104 S. Woody Hill Rd - re: Spring Road Access; make it a public right-of-way for access to the water for fishermen; would like to be involved in process

 

e.     Thomas McAndrew, Esq., Providence - re: Waters Edge Rd South, WH; asked that Town file application with CRMC to clear and modify property; legal issue

 

d.     Thomas J. Liguori, Jr., Esq., 1 St. Andrew Ter, representing Weekapaug Fire District - re: Spring Avenue Access; have always allowed fishermen access; explained incipient dedication; determination of Atty. Soloveitzik and Town Solicitor Conley correct; Town has not exercised its authority to claim parcel

 

6:55 P.M.  Councilor Cooke left the meeting.

 

e.     Hatsy Moore, 32 Yosemite Valley Rd. - re: Comprehensive Plan; August 24th agendas confusing; public has not had a chance to provide input on the Plan

 

f.     Edward Haik, Chair, Recreation Board - re: Rotary Park Tennis Courts; necessary that they get repaired

 

g.     John Gagnier, 6 Narragansett Ave - re: Rights-of-Way; referenced Constitution regarding rights to access to the shore; right-of-way used by public consistently; intent on part of Town that road be used for public conveyance; Town has power of eminent domain; by establishing a right-of-way through CRMC, the Town can avoid any future resources being spent

 

h.     Paul Ruisi, 3 Shepherds Run - re: Comprehensive Plan; maps of proposed changes to the sewer system; no public hearings; re; Zoning Regulations; nothing available to public

 

COUNCILORS’ RESPONSE

 

     Council President Duhamel responded to Citizens’ Comments regarding the advertising of the Comprehensive Plan, the numerous of public meetings held, the review of the Plan by the Council, and the required public hearing to be held, and the public's opportunity to be heard.  He stated that the same process will be followed for the zoning amendment after adoption of the Comprehensive Plan and that all changes to the Plan are on the Town's website.  He addressed the rights-of-way, stating that the previous Council, along with the Conservation Commission, was very active in identifying the rights-of-way, and that the courts have determined that beaches are private property.

 

     Councilor Aiello responded to Citizens’ Comments by addressing the August 24^th agenda and minutes regarding the Comprehensive Plan and the August 31^st Council meeting regarding the zoning amendments.

 

     Councilor Giorno responded to Citizens’ Comments by reassuring the public that the public will have the opportunity to comment on the Comprehensive Plan and the zoning amendment and noted that the maps in the Comprehensive Plan are available on the Town's website or by calling the Town Clerk's office for direction.

 

Motion by Ms. Cioffi, Seconded by Ms. Giorno, to move to Item #9 at this time.  (Voted Unanimously)

 

4.     Resolution Authorizing Change Order 8 to the Contract For 2019 Town-Wide Road Resurfacing Project (J.H. Lynch and Sons – Not to exceed $58,310.00) – Discussion and Possible Action

 

Town Manager Rooney that the change order is adding North Granite Avenue and Kent Avenue, the two roads off Old Hopkinton Road remaining to be resurfaced.

 

Motion by Mr. Aiello, Seconded by Ms. Ahern, that the aforesaid resolution be moved to the Special Meeting to follow for consideration.  (Voted Unanimously)

 

5.     Resolution Approving An Agreement With BETA Group For The Town’s Wastewater Treatment Facility – Discussion and Possible Action

 

Present:   Bill Beauregard, Assistant Director DPW/Utilities

 

     Mr. Beauregard explained the aforesaid resolution, stating that this engineering service will assist the Town in its efforts to negotiate a new permit for the Wastewater Treatment Plant to ensure its operation well into the future.  He noted that this service will not exceed $20,000. 

 

Motion by Mr. Aiello, Seconded by Ms. Cioffi, that the aforesaid resolution be moved to the Special Meeting to follow for consideration.  (Voted Unanimously)

 

6.     Inflow And Infiltration Of Stormwater Into The Sanitary Sewer System – Discussion and Direction

a.     Correspondence from Weston & Sampson, dated April 9, 2020 – re: Sewer Lateral Connection Investigation

b.     Correspondence from Weston & Sampson, dated July 31, 2020 – re: Inflow Investigations

c.     Correspondence from Jacobs, dated August 13, 2020 – re: Town of Westerly – Proposal for Infiltration and Inflow (I/I) Investigation and Analysis

d.     Title 13. – Public Services, Chapter 13.04 – Water Service System

e.     Code of Ordinance – Section 206-48. Connection of sources of surface runoff and groundwater prohibited)

 

Present:   Bill Beauregard, Assistant Director DPW/Utilities

 

     Mr. Beauregard explained the difference in the Weston & Sampson and Jacobs proposals and stated that staff is recommending Weston & Sampson as being far superior and less costly.

 

     It was the consensus of the Council that a resolution to enter into a contract with Weston & Sampson, as recommended by Public Works staff, be prepared and placed on the September 21, 2020 Regular Meeting agenda.

 

     Town Manager Rooney explained that staff would like to work with Town Solicitor Conley and Utilities Superintendent Beauregard to improve and strengthen the language in Section 206-48 to prohibit cross connections to sewer lines with sump pumps.

 

Motion by Mr. Cooke, Seconded by Ms. Ahern, that the aforesaid proposed Ordinance be amended and placed on the September 21, 2020 Regular Meeting agenda to be ordered advertised for public hearing.  (Voted Unanimously)

 

7.     Resolution Authorizing The Transfer Of Funds To Support Rotary Park Tennis Court Repairs ($47,880.00) – Discussion and Possible Action

 

        Present:  Julia Beasley, Interim Recreation Director

 

Motion by Ms. Ahern, Seconded by Mr. Cooke, that the aforesaid resolution be moved to the Special Meeting to follow for consideration.  (Voted Unanimously)

 

8.     Rights-Of-Way – Discussion and Possible Action

 

     Town Manager Rooney reported that there are seventeen Town designated rights-of-way and eleven CRMC designated rights-of-way, which have been identified by working with the Conservation Commission, by surveying them and confirming them legally.  He noted that Waters Edge is an established right-of-way, by survey is known to exist, and dead ends into the cove; that a permit will be required from CRMC to move the boulders and concrete from the water that were placed there to limit access; and that the area will be cleared.  He further noted that Everett Avenue has been surveyed and has been opened to access to the fishermen; that Niantic Avenue is a right-of-way by use and not by ownership of the Town, but is privately owned by twelve land owners through a 1908 conveyance and can now be accessed by ten property owners.  He noted the conflict with the Weekapaug Fire District blocking access to the breachway, which will be addressed by DEM, the owner of land at the breachway and the legal standing regarding Spring Avenue, which is not favorable to Town.

 

     Acting Town Solicitor Pecchia stated that documents from the Engineering Department and the Town Manager could not conclude that the Spring Avenue right-of-way is Town property.  She stated that she agrees with the 2008 opinion of Attorney Charles Soloveitzik, who performed the title search, that the right-of-way belongs to the Weekapaug Fire District.

 

     The aforesaid matter will be referred to a future workshop.

 

9.     Speed Bumps In Avondale – Discussion and Possible Action

 

     Town Manager Rooney noted his reservations about installing speed bumps anywhere in Town.  He stated that, if the speed bumps are installed, the Avondale Homeowners Association will indemnify the Town; therefore, he is seeking a decision from the Council.

 

     Chief of Police Lacy stated that he has worked with the Association over the years and has addressed their concerns by the installation of speed limit signs.  He explained the damage to the road that can be caused by speed bumps due to the use of spikes to install them and stated that the speed bumps would have to be removed in the winter months for snow plowing.

 

     Council Ahern suggested that the speed bumps should be installed on Avondale Road on a trial basis and that, if other areas requested them, they should be considered on a case-by-case basis.

 

7:45 P.M.  Councilor Cooke returned to the meeting.

 

     Councilors Cioffi, Giorno, Cooke, Duhamel concurred.

 

     Councilor Aiello questioned the Town's liability if someone were to get injured.

 

Motion by Ms. Ahern, Seconded by Mr. Cooke, that the aforesaid matter be placed on the September 21, 2020 Regular Meeting agenda. (Voted Unanimously)

 

10.   Watch Hill Lighthouse – Report Of Excess For U.S. Coast Guard – Discussion and Direction

 

     Town Manager Rooney stated that he is seeking a recommendation from the Council that there is no desire to be a bidder or buyer of the aforesaid property and that it would support the efforts of the Lighthouse Keepers Association to continue to obtain it.

 

     Councilor Ahern requested that the Town Manager issue a letter of support to the Lighthouse Keepers Association if solicited.

 

 

11.   ADJOURNMENT

 

        8:25 P.M.  Voted Unanimously to adjourn.

 

 

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