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REGULAR MEETING

WESTERLY TOWN COUNCIL

COUNCIL CHAMBERS

 

 

 

MONDAY

SEPTEMBER 28, 2020

5:30 P.M.

 

 

 

 

THIS MEETING WAS CONDUCTED VIA ZOOM

 

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

 

 

1.     5:35 P.M.  CALL TO ORDER Video

 

Present:   Pres. Duhamel, Vice Pres. Giorno

                 Councilors Aiello, Cooke, McCuin

                 T. Mgr. Rooney, Co. Clk. Giordano

 

        In Attendance Remotely:   Councilors Cioffi, Ahern

                                                   T. Sol. Conley

 

        Also Present:  Chief of Police Shawn Lacey

       

        Absent:    T. Sgt. Falcone

 

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

 

INVOCATION – Councilor Cioffi Video

 

SALUTE TO THE FLAG – Council President Duhamel Video

 

 

2.     RECOGNITIONS, AWARDS & MEMORIALS

 

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

 

a.     Congratulations – Wood River Health Services, Gold Level Health Center Quality Leader and National Quality Leader Designations Video

 

     No one was present to accept the resolution, read aloud by Councilor Giorno.

 

b.     Commendations – Julia Beasley and Nick Celico, Green the Beach Campaign Video cont Video

 

     Ms. Julia Beasley and Mr. Nick Celico were present to accept the resolution, read aloud by Councilor Aiello.

 

     Ms. Beasley presented a brief overview of the quahog stocking project in Winnapaug Pond.

 

 

 3.    PRESENTATIONS Video

 

a.     COVID-19 Update Video

 

        Report from J. Mark Rooney, Town Manager Video

 

     Town Manager Rooney reported that COVID is keeping steady due to cooperation and compliance and that the Town of Westerly is still in a good place.

 

Report from Shawn Lacey, Chief of Police

 

     Chief Lacey reported that, as of yesterday, there have been 26 positive cases in Rhode Island, which is a 1.3% infection rate; that there were 2 fatalities; and that there are currently 94 individuals in the hospital.  He explained how that the cases are rated and stated that Rhode Island has never reached over the 5% infection rate.  He stated that Rhode Island has been in Phase III for over eight weeks and will remain at Phase III until the end of October.  He reported that area playgrounds are still closed and will remain closed until the State enters Phase IV.  He noted that the tennis and volleyball courts are open.  He further reported that schools are doing well and that the testing site for school children in grades K-12, their families, and faculty is still Walmart.  He stated that individuals have to be symptomatic to be tested at other testing sites, such as local pharmacies and health centers.  He noted that testing for travel purposes is performed at the RI Convention Center by appointment.  He addressed the changes that will take place during Phase IV, including an increase in visitors at senior living facilities.  He reported that social gatherings at residences have been cut back to 15 people, 100 people at catered indoor events, and up to 250 people at outside events.

 

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

 

     Ms. Konicki reported that the Chamber has started its distribution of free PPE, which includes 5 face masks and disinfectant, to any Rhode Island business.  She stated that the Chamber has submitted a grant for the “Take It Outside” program to Commerce RI and will find out on Thursday, October 1, 2020, if it has been successful.  She stated that the grant would provide 105 heat lamps that the Chamber would store and distribute at no charge to various businesses, particularly restaurants, to sustain outdoor operations to the end of the year.  She reported that, on October 8, 2020, the State of Connecticut will increase indoor capacity for restaurants to 75% and it is hoped that Rhode Island will see some movement in that direction very soon.  She stated that “Sunday Funday” in Downtown went well this past Sunday and that retailers are reporting good sales.  She stated that everyone is invited to attend this free event with music between 4:00 p.m. and 7:00 p.m. 

 

     Responding to Councilor Ahern as to when the plastic bag ban would be put back into effect, Town Manager Rooney stated that he would have to check with the local businesses to inquire of their inventory of paper bags.  A brief discussion ensued regarding the use of reusable bags. 

 

b.     Recreation Update – Julia Beasley, Interim Recreation Director

 

Motion by Ms. Giorno, Seconded by Ms. Cioffi, that the aforesaid presentation be postponed to the October 5, 2020 meeting.  (Voted Unanimously)

 

c.     Road Bond Project Update – Mark Rooney, Town Manager

 

     Town Manager Rooney reported that Old Hopkinton Road currently has three layers of asphalt and will need to be reclaimed three times which will add approximately $200,000 in additional costs before it can be repaved.  With regard to Bowling Lane, he stated that the Town’s engineering staff has worked diligently with the Town’s consultant and National Grid to ensure that there are no unsafe conditions in the void found with some of the natural gas pipes going to individual residents, and noted that, due to unknown additional costs, this  project may be deferred to the spring.  He reported that School Street should go out to competitive bid by the end of this week and that staff has been working very diligently in trying to work out all issues before the project begins in order to avoid change orders.  He stated that he will have figures for Breen Road and Pasadena Avenue by October 26, 2020.  He reported that the price for repaving the parking lot between the Town Hall and Christ Church has increased, but that there will be cost-share reimbursement by the Fire District.  He announced that the ribbon cutting ceremony for Boom Bridge is scheduled for November 5, 2020 with an opening around the end of November.

 

d.     Sump Pumps And Storm Water Issues – Bill Beauregard, Asst. Director DPW/Utilities

 

Motion by Ms. Giorno, Seconded by Ms. Cioffi, that the aforesaid presentation be postponed to the October 5, 2020 meeting.  (Voted Unanimously)

 

 

 4.    CITIZENS COMMENTS Video

 

     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.     Correspondence from Heather Ainslie - re: Comprehensive Plan regarding Spring Road Right-of-Way was entered into the record

 

b.     Anthony Palazzolo, Jr., Esq., 285 Pendelton Hill Rd, N. Stonington, CT - re: Comprehensive Plan; 2 issues - rights-of-way tables 2.10, 2.11; Spray Rock Rd not listed and should be added, and ROW treatment omits any expansion in number of ROW's; should expand public access to waterfront

 

c.     Benjamin Weber, 3 Blossom Ct - re: Comprehensive Plan; portion of state-owned property at breachway; would like map of same before the October 6, 2020 Special meeting; ROW's omitted from map; maps difficult to decipher

 

d.     James Milardo, Woody Hill Rd - re:  Comprehensive Plan; a lot of inconsistencies; Plan seems very restrictive; compelling interest to have ROW's open

 

e.     Gregory Massard, Esq., Messier, Massard & Burdick, LLC, New London, CT - re: Letter of Support for RIAC (Airport); asking that Council not support letter; will affect Town for years; RIAC should not decide future direction of airports; will cut Town out of airport planning process; provided history of airport legislation; power of RIAC was stripped in 1999 by legislature

 

f.     Gina Fuller, 19 Moriah Dr - re: Updates from Southern RI District; Clam Transplant; ROW's - Comp Plan provides no public access to salt ponds; should be consistent with Harbor Management Plan; grant funds for Rec Dept; Wood-Pawcatuck Plan; Regional Conservation Partnership Program to manage storm water; re: Comprehensive Plan; Tower St School and Recreation Bond; think about opening playgrounds for children

 

g.     Richard Baisch, 39 Riverdale Rd - re: Spray Rock Rd; Town let Fire District put rocks at entrance; guard has no right to ask him where he is going; do not have to be a RIMS member or property owner to access sand trail, just beach permit - re: signs along East Beach

 

7:10 P.M.  Councilor Ahern left the Chamber and was absent for the remainder of the meeting.

 

10.   Philip Overton, 3 Sacco Dr - re: ROW at Spray Rock Rd - would like Council to reverse decision to close same; Council needs to show courage; Westerly citizens' constitutional right to access

 

COUNCILORS’ RESPONSE Video

 

     Councilors responded to Citizens’ Comments regarding Spray Rock Road right-of-way, and the legal opposition due to the Town not owning it, and making the Comprehensive Plan reflective of the Harbor Management Plan.

 

     Town Manager Rooney stated that ROW #17 and the Sand Trail should be put back into the Comprehensive Plan.  He explained DEM's plan or the Weekapaug Breachway.

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes Video

 

Regular – 9/21/20

Special – 9/14/20 (Tabled from 9/21/20) Video

Executive – 9/21/20 (Sealed)

 

Motion by Mr. Aiello, Seconded by Ms. Cioffi, that the Regular Meeting of 9/21/20 and the Executive Session of 9/21/20 be accepted and approved as printed and that the Special Meeting of 9/14/20 be moved to new business. (VU)

 

        b.     Fiscal Matters Video

 

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

 

1.     20/21-22 Resolution Authorizing The Addition To The Tax Rolls ($2,611.43)

2.     20/21-23 Resolution Authorizing The Addition to The Pro-Rated Tax Roll ($9,070.60)

3.     20/21-24 Resolution Authorizing Deletion To Tax Rolls ($10,009.09)

 

        c.     Appointments and Resignations

 

                       None

 

 

 6.    PUBLIC HEARINGS

 

               None

 

 

 7.    NEW BUSINESS

 

a.     Emergency Spending Request: Video

1.     20/21-25 Resolution Authorizing Change Order 9 To The Contract For 2019 Town-Wide Road Resurfacing Project (J.H. Lynch and Sons – Amount not to exceed $209,027.53)

 

     Town Solicitor Conley explained the process under the Open Meetings Act whereby a Council may amend an agenda to address emergency matters.

 

     Town Manager Rooney explained the basis for this emergency request stating that that it came to his attention that when Old Hopkinton Road was opened it was found to have three overlays and to repave over it will be problematic in about one to five years.  He stated that to repair the road correctly, his is bringing forth Engineering's recommendation to spend the $209,027.53 to remove the excess material.

 

Motion by Mr. Cooke, Seconded by Ms. Giorno, to accept the Town Manager’s determination that this is an emergency.  (Voted Unanimously)

 

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

 

b.     20/21-26 Resolution Authorizing The Conveyance Of That Certain Real Estate Situated At 39A Beach Street In The Town Of Westerly, State Of Rhode Island And Being Known As Plat 076, Lot Number 069 As Shown In the Office Of The Tax Assessor Of The Town Of Westerly ($401,000.00) Video

 

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

 

c.     Request For Letter Of Support – Preservation Of Safe Airspace Bill Video

 

Motion by Mr. McCuin, Seconded by Ms. Giorno, that the aforesaid matter be postponed to the October 5, 2020 Committee of the Whole Workshop meeting.  (Voted Unanimously)

 

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

 

Motion by Mr. Cooke, Seconded by Mr. McCuin, to suspend Town Council Rules of Procedure as aforesaid.  (Voted Unanimously)

 

d.     20/21-27 Resolution Waiving The Competitive Bidding Process To Allow J.H. Lynch To Pave The Upper Town Hall Parking Lot Video

 

Motion by Mr. Cooke, Seconded by Ms. Giorno, that the aforesaid resolution be adopted.  (So Voted 5 to 1 - Councilor Aiello abstained)

 

e.     September 14, 2020 Special Meeting Minutes

 

     Councilor Aiello requested that the minutes be amended to state that “The Town Manager requested” that Rights-of-Way #16 and #17 on Spring Avenue in Weekapaug be removed from Comprehensive Plan.

 

Motion by Mr. Aiello, Seconded by Mr. Cooke, that the September 14, 2020 Special Meeting minutes be amended as requested and approved as amended.  (Voted Unanimously)

 

 

 8.    UNFINISHED BUSINESS

 

               None

 

 

 9.    COMMUNICATIONS & REPORTS

 

        a.     Liaison Reports Video

 

1.     Chamber of Commerce – Westerly Candidates Night to be held on Thursday, October 22, 2020, at the Westerly Middle School with Betty Jo Cugini as the moderator; “Sunday Funday” is being held every Sunday in Downtown with live entertainment, etc. to support local businesses  (Councilor Giorno)

 

2.     Recreation – “Run for the Pumpkins” being held at Bradford Preserve this weekend; encouraged everyone to check the website for activities (Councilor Aiello)

 

3.     Condolences – Noted passing of John “Shorty” Terranova and extended condolences to the family  (Councilor Cioffi)

 

        b.     Town Council – none

 

        c.     Town Manager – none

 

        d.     Town Solicitor – none

 

        e.     Town Clerk – none

 

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

 

1.     Veterans ‘Rolls of Honor’ Memorial Committee – Councilor Aiello stated that he and Councilor Giorno will be presenting a proposed ordinance regarding the creation of a Veterans ‘Rolls of Honor’ Memorial Committee at the October 5, 2020 Committee of the Whole Workshop. 

 

        g.     Requests of Town Manager by Councilors Video

 

1.     Playgrounds – Responding to Councilor Cooke, Town Manager Rooney stated that he would have to speak with the RI Department of Health to find out if there is any way area playgrounds can be opened for the children. 

 

2.     Recreation Field on Airport Road – Responding to Councilor Giorno’s suggestion that the field be used by individuals for raising bees, Town Manager Rooney stated that staff is looking into more butterfly gardens and that he will place her request in the upcoming budget. 

 

3.     Fish Sculpture at Rooney Park – Responding to Councilor Cioffi, Town Manager Rooney stated that the missing piece to the sculpture has been turned over to Buzzi Memorial who was awarded the contract and that he and Town Solicitor will work with the former contractor who did not get this contract to clarify the issue.

 

 

>10.   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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