1.     5:34 P.M.  CALL TO ORDER

 

Present:   Pres. Morrone, Vice Pres. Lowther

                 Councilors Overton, Aiello, Cordio, LaPietra, Scialabba

                 T. Mgr. Lacey, T. Sol. Conley

                 Co. Clk. LeBlanc, T. Sgt. Falcone

 

        Absent:   

 

INVOCATION – Councilor Overton

 

SALUTE TO THE FLAG – Council President Morrone

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

a.     Recognitions – Councilor LaPietra recognized Krista Tracy, Registrar/Clerk to the Board of Canvassers, for being part of the RI Town and City Clerks’ Association’s elections committee.  He stated that she has been a member of the Association since May 2021.  He commended the committee’s efforts of looking into proposed election legislation.

 

 

 3.    PRESENTATIONS

 

a.     Annual Comprehensive Financial Report for the Fiscal Year Ending June 30, 2022 – Marcum, LLP – Discussion and Possible Action

1.     Town of Westerly 2022 Financial Statements

2.     Annual Comprehensive Financial Report

 

Present:   James D. Wilkinson, CPA, Partner, Marcum, LLP, Providence, RI

                 Cindy Kirchhoff, Interim Finance Director

 

     Mr. Wilkinson presented the Town and School 2022 Financial Statement audit and financial results.  He reported that the Town’s total fund balance increased by $1,202,062 and that, at the end of the fiscal year, the unassigned fund balance was $16,560,025, which represents 16.9% of FY 2023 Operating Budget.  He stated that this is at the high-end range of the recommended healthy target of 8-16% of budgeted expenditures.  He reported that the School’s total fund balance increased by $1,643,166, noting that all of the funds have been committed to educational programs.  He stated that the total fund balance at the end of the fiscal year was $6,594,251.  He reviewed the School and Town combined fund balances over the last five years.  He also reviewed operations compared to budgets, noting that the total revenues were above the fiscal year budget by $2,721,077.  He reported that expenditures were above appropriated amounts by $1,313,279 and that the total budgetary surplus totaled $1,189,775.  He explained that the $3,000,000 solar lease payment received in 2022 is to be amortized over a 25-year lease term.  He reported that there were no structural deficiencies in budgeting practices or weaknesses in budgetary controls for both the Town and the School Department.  He stated that School Department revenues were below budget by $8,000 and that expenditures were below appropriated amounts by $1,400,000, noting that the most significant savings were in salaries and employee benefits.  He addressed the water, sewer and transfer station budgets which are funded by user charges, not tax revenues.  He addressed the Town police pension plan and other post-employment benefits liability, stating that, as of June 2022, the police pension plan was funded 71.44% which is down from the previous year.  He stated that the Town’s Financial Statement also includes the State Municipal Transparency Report, but that several years of reporting will be needed to see historical trends.  He reported that the Town implemented a significant new accounting standard during the year dealing with leases.  He stated that Malcom issued its communication with governance that outlines its responsibility under general accepted auditing standards, which comments on its risk assessment process, how the audit was conducted, and it notes that they did not have any disagreements with management over accounting principles and transactions and incurred no significant delays from management.  He thanked the Town and its staff for their cooperation and for providing the information needed. He reported that there were no significant audit adjustments that were reflective of material weaknesses and controls and no noted consultations by management with other accountants.  He stated that Malcom spent about 800 in total manhours preparing the audit. 

 

     Discussion was held regarding the School’s unassigned fund balance that is committed for educational purposes, the expenditures of $1,300,000 above the appropriated amounts, the police pension plan, the audit process, assets that the town leases, and bond rating.

 

     Councilor Overton requested that the Council be provided with additional information regarding expenditures of $1,300,000 above the appropriated amounts.

 

b.     2^nd Quarter Report 2022/2023 – Cindy Kirchhoff, Interim Finance Director – Discussion and Possible Action

 

Present:   Cindy Kirchhoff, Interim Finance Director

 

     Ms. Kirchhoff presented the year-to-date general fund Town budget to actual report as of December 31, 2022.  She reported that total revenues were $5,756,559, or 59% of the budget, and that expenditures were $48,130,141, or for a favorable result of $9,435,418 as of December 31, 2022.  She stated that the projected tax revenue was decreased by $2,493,813 to remove motor vehicle excise taxes that were moved to State Aid for General Fund for $2,876,370, which was a net increase of $382,557.  She stated that the projections include an increase in property tax collection of $655,036.  She stated that the $3,000,000 solar lease payment is amortized over twenty-five years and projected revenue from other sources increased by $120,000 for the annual lease payment the Town will recognize.  She reported that the Town is already at 97% of budget for vacation rental tax, 53.6% for meal tax, and 45.6% for hotel tax.  She stated that, overall, she is projecting a net year end surplus for the Town’s General Fund of $963,246.  Responding to Councilor Overton, she stated that she will provide the Council with additional detail regarding the $1,300,000 of additional excess expenses incurred last year.  Responding to Councilor Aiello, she stated that the funds not spent on salaries and benefits are still in the personnel fund accounts.

 

c.     Westerly Community Athletic Complex To Be Located At Augeri Field and The Quad – Discussion and Possible Action

 

               1.     Presentation

               2.     FieldTurf, NFLPA Response

               3.     FieldTurf, PFAS Question & Answer

 

Present:   Ed Haik, Chair, Board of Recreation

                 Andrew Dyjak, 167 Pound Hill Rd, Salem CT, Representing FieldTurf

                 Fundraising Leadership Committee:  Dr. Daniel Gaccione, Robert Arsenault and Dianne Bowdy

 

     Mr. Haik reported that the first Master Plan was completed in 2012, but the then Town Council wanted a Master Plan done on all fields.  He stated that ARPA funds were available to assist with some of the projects and that synthetic turf of Augeri Field and the Quad would be the largest project.  He explained that the complex would change significantly with a goal to line Augeri Field and have the Quad open.  He stated that the URI field was installed in 2019.  He further stated that the Stonington field, which was installed in 2013, has longevity up to 15 years before field replacement and generates between $6,000 to $7,000 annually in revenue from rentals for one single field.  He stated that the low maintenance costs include annual grooming and GMAX testing by FieldTurf.  He described Augeri field and stated that the vision of the new Quad would include park benches.  He noted that, in the fall, the field would have painted lines done by town employees and then in the winter and summer months it would look like a green pasture.  He explained how the field is envisioned as a community field with the different events that could take place; that practices and games could be held simultaneously; and that the field could be an economic driver for the entire community, noting that the Town hosted Pee Wee finals last year that drew nearly 4,000 people.  He reported on field expenses that are quite large, including water, paint materials, and paint labor.  He stated that, on average, the sod on Augeri Field is replaced every four years at a cost of approximately $155,000 and that the new fields would cost about $10,000 in annual maintenance plus $8,700 to paint the Quad, totaling approximately $19,000 annually.  He stated that replacement of turf field is 12 to 14 years and that monies being saved would hopefully be placed into a restricted account for a new field.  He explained that rental revenue estimates for two fields is between $15,000 to $20,000 annually which could help offset maintenance costs.  He stated that the initial investment for sod currently is $0 and for turf would be approximately $2,400,000 for both fields; that replacement cost for all sod over twenty-five years is approximately $1,300,000 with zero revenue and for turf replacement after year twelve is approximately $1,200,000; and that maintenance estimates for sod would be $2,200,000 and for turf would be $478,000 on average.  He reported that over the past twenty-five years the total average revenue generated is $375,000.  He stated that donations are estimated between $400,000 to $600,000.  He stated that there is an approximate cost savings of $3,000,000 over the course of twenty-five years.  He stated that the most important issue is field usage, noting that the Quad and Gingerella Field are overused.  He noted that many communities have synthetic turf.  He explained the initial investment of $2,400,000 and the source of the funding, stating that the remaining $900,000 would be through a municipal lease but would rely on the capital campaign to offset the remaining funding.  He explained how the project affects Westerly recreation programs.  He stated that the loam taken from the field could be used on the Bradford Lacrosse field.  He addressed PFAS.  He addressed the timeframe of the project, stating that the vision is to launch completion of both fields at the Thanksgiving Day game. 

 

     Mr. Dyjak stated that the maintenance equipment provided to the Town for field maintenance is included in the estimate; however, it can be supplemented with a long-term contract through a company like FieldTurf.  He stated that the proposal includes maintenance of each field for years two through nine for approximately $38,000 as a supplement if needed, but Town staff will be trained on how to use the equipment that is part of the purchase price. 

 

     Discussion was held regarding spot maintenance; the Town’s fund balance and future expenses; use of School capital funds; the effects of heat on the field; interest costs on a $900,000 lease; the timeframe to complete both fields; safeness of synthetic turf; the affects, if any, on the school track, concrete path and existing trees; the non-toxic filler; the grooming of the fields; and how the existence of sunflower seeds can damage turf and the filtration system.

 

     Town Solicitor Conley stated that additional information has been provided regarding PFAS concerns and, from a legal standpoint for the community now and into the future, he does not have any additional liability concerns.

 

 

d.      Town Of Westerly, RI 2023 Hazard Mitigation & Flood Management Plan (HM&FMP) – Discussion and Possible Action

 

Present:   Nancy Letendre, Town Planner

                 Alyse Oziolor, Principal Planner

                 Kim Jacobs, Civil Engineer and Resilience Planning Consultant

 

     Town Manager Lacey reported that the Town’s Hazard Mitigation & Flood Management Plan expires on February 28, 2023.  He stated that the Town received grant funding to hire a consultant to assist in updating the plan and that the Town is looking for adoption of the plan by the Town at a public hearing scheduled for February 27, 2023 after which it would be submitted to FEMA for approval.

 

     Ms. Jacobs gave a PowerPoint presentation which is attached hereto and made part of the record of these proceedings.  She explained the reason for the Hazard Mitigation & Flood Management Plan and why it is updated.  She stated that, if the Town has no plan in place, it is not eligible for grant funding.  She explained how the plan was prepared, what hazards are included in the plan, what is at risk, and how the Town mitigates these hazards.  She also explained how the plan is implemented and the next steps, which include a public review period from February 7, 2023 through February 27, 2023.  She stated that a public hearing hosted by the Town Council will be held on February 27, 2023.  She stated that, if the plan is adopted by the Council, the plan would be submitted to RIEMA/FEMA for review and approval and that, once all requirements are met, FEMA will approve the plan.  She stated that the plan is a large document to read and suggested review of Section 2 and 6 for the public hearing.  She addressed the timeline from plan expiration, Council adoption, and approval by FEMA. 

 

     Discussion was held regarding costs to implement the plan and funding availability; grant funding; and a request that the Council be provided with a final copy of the plan before it is sent to RIEMA/FEMA.

 

e.     Southern New England Program (SNEP) Onsite Wastewater Grant – Dr. Alissa Cox, URI, Clinical Assistant Professor, Director, New England Onsite Wastewater Training Program – Discussion and Possible Action

 

Present:   Dr. Alissa Cox, URI, Clinical Assistant Professor, Director, New England Onsite Wastewater Training Program 

                 Jason Parent, Assistant Professor, URI

 

     Dr. Cox gave a PowerPoint presentation which is attached hereto and made part of the record of these proceedings.  She and Mr. Parent introduced themselves and the collaborators on the project.  She explained that URI is in the process of developing a grant proposal that is funded by SNEP (Southeast New England Program), which is a program funded by the EPA with a mission to build resilient ecosystems and connect communities through action, collaboration and innovation.  She reported that the internal URI deadline is March 2, 2023.  She explained that parts of the Town rely on septic systems, or on-site wastewater, which is to treat the wastewater in the place it is generated.  She addressed the problem with aging and unmanaged septic systems, which can fail and are full of nutrient and pathogen pollutions that can contaminate coastal waters and groundwater/drinking water reservoirs resulting in health problems.  She explained that the proposal is to create a comprehensive septic system database for the Town of Westerly.  She explained that the solution is to create and pilot a geospatially-referenced (GIS) database of all septic systems in Westerly and how the database would be useful information.  She asked if the Town of Westerly would be a partner/pilot site for the database and, if so, she would need a letter of support/commitment.  She explained that URI’s role would be to write the grant proposal, administer it, and create the database. 

 

     Discussion was held regarding failing septic systems, available financing and grant approval notification.

 

     It was the consensus of the Council that the Town Manager prepare a letter stating that the Town would like to be a willing participate in the program.

 

 

 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.  Citizens will have up to ten (10) minutes and one opportunity to speak.  The comments of citizens accessing this portion of our meeting are neither adopted nor endorsed by this body but heard as requested.  Comments shall be limited to agenda items only.  If the matter is scheduled for a public hearing, the comments shall be deferred to that agenda item. 

 

a.     Peter Ogle, 18 Kettle Close - re: Pawcatuck River Flooding (FL566 Program: The Wood-Pawcatuck Rivers Watershed Flood Protection Project); program focused on developing flood prevention strategies for the entire Wood-Pawcatuck Watershed; no cost to Town

 

b.     Jean Gagnier, 6 Narragansett Ave – re: Route One Corridor Study with regards to the expansion of the Town’s sewer line and its effects on the Town’s wastewater treatment plant; provided a copy of the Town of Charlestown’s Ordinance, Chapter 201 – Wastewater Management District § 210-7. ISDS Inspections; urged Council to hold off on adopting the proposal

 

c.     Benjamin Weber, 3 Blossom Ct – re: Council Rules of Procedure – referenced rule which states that two Councilors can request an agenda item; on January 9, 2023, Councilor Cordio asked that Everett Avenue right-of-way be placed on an agenda and it was seconded by another Councilor

 

d.     Daniel King, 20 North Capalbo Dr – re: Greater Bradford Development Association - asks Town Council to consider seating three members of the Association on the Ad Hoc Bradford School Study Committee; re: Ad Hoc Affordable Housing Study Committee – supports proposed members; re: Ad Hoc Westerly Marina Study Committee and Bradford School Committee– concerned with members of the Planning and Zoning boards being part of the membership; re: Ad Hoc Marina Study Committee – composition of proposed committee does not ask for any expertise in managing a marina

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens’ Comments regarding the Route One Corridor Plan.  It was requested that language in the plan relating to a possible expansion of the Town’s sewer line along Route One be removed because of concerns that the reported projected $46 million cost to upgrade the treatment plant may escalate even more, the Republican party’s concern with overdevelopment in the Town and how it would affect the treatment plant, and the desire for slow controlled growth in the Town.  It was suggested that the plan focus on improving existing commercial development and that the Council dedicate meetings to reviewing each section of the plan with the Economic Development Commission Chair.  Councilors also responded to comments regarding Pawcatuck River Flooding (FL566 Program: The Wood-Pawcatuck Rivers Watershed Flood Protection Project) and the composition of the proposed Ad Hoc Study Committees.

 

8:37 P.M.  5-MINUTE RECESS

 

8:51 P.M.  RECONVENED

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes

Executive – 1/9/23

Executive – 1/23/23

 

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

 

        b.     Fiscal Matters

 

                       None

 

        c.     Appointments and Resignations

 

1.    Resignations:

a.    Dan Lathrop, Economic Development Commission

 

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

 

b.    Jono Seltzer, Board of Recreation

 

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

 

 

 6.    PUBLIC HEARINGS (Adv. on 2/6/23 for this time)

 

a.     Chapter 2033 – “An Ordinance In Amendment Of Chapter 229 Of The Westerly Code Of Ordinances Entitled ‘Taxation’” (§229-2. Residence exemption for the elderly)

 

Present:   David Thompson, Town Assessor

 

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

 

     No one appeared in favor or in opposition.

 

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

 

 

 7.    NEW BUSINESS

 

a.      Resolution Endorsing The Route One Corridor Strategic Plan And Authorizing The “ROCC” And Planning Board To Prepare Comprehensive Plan And Ordinance Revisions For Town Council Consideration – Discussion And Possible Action

 

     Councilor Scialabba suggested that the language be amended to endorsing the “concept” instead of endorsing the “study” with further direction from the Council in order to move the project forward. 

 

Motion by Mr. Overton, Seconded by Mr. LaPietra, that the aforesaid resolution be amended by striking the language to expand the sewer system along Route One.

 

     Discussion was held regarding suggestions that the plan be submitted to the Town Planner to determine what the impact would be if the requested language is removed and that the Council hold a series of workshops to review each section of the plan. 

 

     Councilor Overton withdrew his motion and Councilor LaPietra withdrew his Second.

 

Motion by Mr. Aiello, Seconded by Mr. Lowther, that the aforesaid resolution be deferred from any action at this meeting and scheduled for a series of workshops to review each section of the Route One Corridor Strategic Plan with the Economic Development Commission.  (Voted Unanimously)

 

b.      Town Of Westerly, RI 2023 Hazard Mitigation & Flood Management Plan (HM&FMP)

         (Order Adv. for Public Hearing on 2/27/23)

 

Motion by Mr. Aiello, Seconded by Ms. Cordio, that the aforesaid plan be ordered advertised for public hearing on February 27, 2023.  (Voted Unanimously)

 

Motion by Mr. Aiello, Seconded by Mr. Overton, that the following resolutions be tabled to a future meeting.  (Voted Unanimously)

 

c.     Resolution Establishing An Ad Hoc Affordable Housing Committee

 

d.     Resolution Establishing An Ad Hoc Westerly Marina Study Committee

 

e.     Resolution Establishing An Ad Hoc Bradford Community Center Committee

 

 

 8.    UNFINISHED BUSINESS

 

               None

 

 

 9.    COMMUNICATIONS & REPORTS

(Backup materials for the following reports can be viewed on the Town of Westerly website at www.westerlyri.gov)

 

        a.     Liaison Reports

 

1.     Economic Development Commission – Attended meeting last week; discussed the potential of the proposed zoning amendment for 16 Post Road (former Staples site) for ministorage facility; voted to write an advisory letter to Planning Board for further discussion; Chairperson James Torres stated that all are welcome to attend the EDC meetings and he can be contacted at any time  (Councilor Scialabba)

 

     Councilor LaPietra asked that he be considered for appointment as a second liaison to the Economic Development Commission. 

 

2.     Town Council Liaison Appointments Committee – First meeting scheduled for Wednesday, February 1, 2023, at 3:00 p.m.; received 11 applications for the Advisory Charter Revision Commission and 2 applications for one full member and one alternate member of the Economic Development Commission; will conduct interviews for these two boards; will determine if the Committee will conduct interviews of applicants seeking appointments to other boards and committees  (Councilor Lowther)

 

3.     Chamber of Commerce – Next “Business after Hours” will be held on Wednesday, March 8, 2023, at the Granite Theatre from 5:00 p.m. to 7:00 p.m.; any school or non-profit organization that wants to sell ducks for the Pawcatuck River Duck Race should contact the Chamber  (Council President Morrone)

 

4.     Recreation – Youth Group Coordinator for the Bradford Youth Group has scheduled a seal watch trip; new system being implemented for registration and a new civic recreation program – all done on line  (Councilor Aiello)

 

     Councilor Aiello suggested that Items 9(b) and (c) be tabled to the next meeting.

 

        b.     Town Council – 2/13/2023

 

        c.     Town Manager – 2/13/2023

 

1.     Item #1 2/13/23 – Draft Parking Pass from Julia Beasley, Recreation Director, received February 6, 2023 re: Draft Seasonal 2023 Town Beach Parking Pass Application for review – Town Manager Lacey stated that the Council was provided with a copy of the draft parking pass application.  He stated that the only change from last year was a $25 pass replacement fee.  He asked that the Council let him know if there are any changes regarding senior or military passes. 

 

     Councilor Aiello suggested that proof of eligibility for the military be an ID card.

 

        d.     Town Solicitor

 

        None

 

        e.     Town Clerk

 

        None

 

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

 

1.     Item #2 2/13/23 – From Town of Foster – re Resolution Urging Rejection Of Changes To The Rhode Island Enabling Act As Proposed By The Rhode Island House Of Representative Land Use Commission, Dated November 10, 2022 – Councilor LaPietra requested that the Council consider a similar resolution for the Town of Westerly at its next meeting.

 

2.     Everett Avenue Right-of-Way – Councilor Cordio requested that the Council consider a resolution at the February 27, 2023 meeting asking that Everett Avenue be sent to CRMC for State designation.

 

3.     Watch Hill Yacht Club Dredging Project – Councilor Cordio stated that the objection period for the project closes on February 28, 2023 and the next Town Council meeting is February 27, 2023.  She stated that she spoke with CRMC on numerous occasions regarding the application process and the permit and that CRMC indicated that it would re-open the objection period so that information can be gathered and disseminated.  She requested that this matter be placed on the February 27, 2023 Town Council agenda to discuss the lack of mention of the Town’s right-of-way on Fort Road in the application and to request CRMC to reopen the rejection period.

 

     Town Solicitor Conley stated that, if the Town Council places this matter on the February 27, 2023 meeting and takes action, it should be sufficient time to communicate same to CRMC.

 

4.     Broadband – Town Council President Morrone addressed the connectivity issues in the Downtown area.  He stated that the IT Director will explore the Town’s options on how to begin the process of expanding the Town’s broadband capabilities, especially in the Downtown area, and will report back to Council.

 

5.     Route One Corridor Strategic Plan – Responding to Councilor Scialabba, Town Council President Morrone stated that informational sessions will be scheduled to address the various sections of the Economic Development Commission’s Route One Corridor Strategic Plan.

 

        g.     Requests of Town Manager by Councilors

 

1.     Surveys – Councilor Cordio questioned the Town’s email database.  She suggested that the Town expand its database by incorporating the School’s database and other department’s database to expand its own as another means to reach out to the public for surveys.

 

 

10.   CITIZENS COMMENTS

 

     When addressing the Council, please state your name and address; please conduct yourself in an orderly and respectful fashion.  Citizens will have up to five (5) minutes and one opportunity to speak.  The comments of citizens accessing this portion of our meeting are neither adopted nor endorsed by this body, but heard as requested. 

 

        None

 

COUNCILORS’ RESPONSE

 

        None

 

     Town Solicitor Conley stated that the following Executive Session is informational only and can be postponed to the next Council meeting. 

 

 

11.   POSSIBLE EXECUTIVE SESSION

 

The Council may vote to go into executive session for discussion and/or action regarding those items of business exempt from open meetings under Rhode Island General Laws and

 

a) §42-46-5(a)(2) Litigation – LeBlanc v. Town of Westerly, WC-2019-0404.  (V

 

 

12.   ADJOURNMENT

 

        9:24 P.M.  Voted Unanimously to adjourn.

 

 

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