A legal opinion from attorney Nicholas R. Bamonte, regarding American Rescue Plan Act funds for the design and redevelopment of Jesup Green and the Imperial Avenue parking lot, says: “the use of those funds (is) an eligible use of ARPA funds, and the requested appropriation may be validly authorized by the RTM.”
The RTM is expected to vote on that $630,000 appropriate tonight. Concerns had arisen that using ARPA funds for parking lot design and redevelopment may be illegal.
Bamonte noted 7 primary ways, according to 2023 rules, that ARPA funds may be used.
Because the town is “contemplating improvements to provide more
parking, enhance public safety and better manage traffic,” Bamonte says, the funds fall under this usage: “For the provision of government services to the extent of the reduction in revenue due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency.”
Bamonte adds, “Government services include, but are not limited to:
• Maintenance or pay-go funded building of infrastructure, including roads; modernization of cybersecurity, including hardware, software, and protection of critical infrastructure;
• Health services; environmental remediation;
• School or educational services; and
• The provision of police, fire, and other public safety services.”
He concludes, “because the proposed Design Work falls within several of the government services subcategories, particularly the first bullet regarding infrastructure, up to $10 million in remaining Town ARPA funds may be
legally appropriated and expended for that purpose.”
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Support for funding the study came today from Maxxwell Crowley, president of the Westport Downtown Association.
In a letter to the RTM, he said: “I am writing to you today regarding the upcoming RTM meeting to discuss the design funding for Downtown District master plan — specifically the work for Jesup and Imperial Lots as well as the green space, riverfront, and further evaluation of the proposed parking deck.
“As the president of the Westport Downtown Association, I am fully in favor of this funding proposal, as it is critical for the design piece of this project and showing the residents of the town the master plan for the future of Downtown Westport.
“This project will not only maximize the green space downtown, but also provide new life to the beautiful riverfront and most importantly optimize the parking servicing our key commerce and culture sub-districts.
“As president of the Downtown Association, as well as a business owner downtown Westport, and a lifelong resident of Westport, I think this proposed project is critical to the future of our Town.
“We are so lucky to have the downtown footprint we have, especially with a river running through. We are doing ourselves a disservice if we allow politics to get in the way of pushing this plan forward.
“We need to not only think about this project for today, but also the future generations who will live and enjoy our town. This plan will make downtown a
gathering place for residents creating a sense of community and economic vitality.”
Town bodies continue to debate the future of Parker Harding Plaza, adjacent lots, and the possibility of a parking deck at the Baldwin lot. (Photo/Lynn Untermeyer Miller)
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I have reviewed the short opinion dated May 6, 2024 issued by Berchem Moses PC (the town attorney) on whether funds received through the American Rescue Plan Act of 2021 (ARPA) may be used in connection with the redesign and redevelopment of Jesup Green and the Imperial Lot. The opinion does nothing to allay concerns about the legality of this proposal.
From seven potentially eligible categories, the opinion concludes (without any discussion or analysis) that the proposed work falls within “several of the government services subcategories, particularly the first bullet regarding infrastructure.”
Within that subcategory, the opinion points to “maintenance or pay-go funded building of infrastructure, including roads; modernization of cybersecurity, including hardware, software, and protection of critical infrastructure.”
The proposed redesign/redevelopment of Jesup Green and the Imperial Lot does not constitute building a “road”. The project, according to the Department of Public Works, involves removing mature trees and paving over historic parkland to accommodate a demand for downtown parking spots lost as a result of aesthetic improvements to Parker Harding. That is not what the Department of the Treasury means by road-building.
More importantly, the administration, from the start, has never before described it as such.
To the contrary, in its presentation to the Board of Finance in January 2022 the administration described the Jesup Lot / Parker Harding design project as falling under the category of “Economic Vitality.” By contrast, in the same presentation, the administration described the rebuilding of Burying Hill Jetty as “Infrastructure.” The administration, at least two years ago, clearly understood the difference between the two.
Now, just a week after my letter to 06880 demonstrated that “economic vitality” is plainly not eligible for ARPA funding, the Town has suddenly come up with a new after-the-fact justification, labelling the proposed redesign as road work / infrastructure.
The Town is on shaky legal ground. Nothing in this last-minute, superficial opinion instills confidence that the proposed expenditure would withstand inevitable scrutiny down the line. The RTM instead should use the ARPA taxpayer funds on the kinds of projects, such as those pertaining to public health services or environmental remediation, that are indisputably eligible under the spirit and the letter of the law.
Please consider this email I sent to my RTM representatives
today before the RTM meeting tonight.
Please vote NO to fund the next planning stage of the DPIC plan to rip up Jesup Green for parking and the
Parker Harding plan to insert a recreation area in the busy PH lot rather than repave, remark and add ADA spaces. The current walkway can be redone, nicely landscaped with safer railings and upgraded benches and tables and there you have a continuous river walk – perhaps a few feet wider. The plan now without angled parking and small allotted spaces is a disaster in the making. I urge you to try to get in and out of the Westport Hardware Pottery Barn Parking lot – similar narrow 2 way with straight in parking. It is not working there very well. Cars are narrowly missing each other pulling out and horrible for pedestrians trying to navigate the ins and outs for one.
At least give the proposed parking deck
the proper current investigation that is again warranted – either Baldwin or behind Police Station. Your constituents deserve full consideration of alternatives to what is now proposed.
Also, honestly if ripping up 1/3-1/2 of Jesup Green was not proposed to gain back the 40 PH lost spaces would those trees that are scheduled to be chain sawed immediately been slated for immediate removal regardless ??
Seems odd that out of the blue we have tree wardens condemning those trees when no prolonged concern was apparent before this proposal.
Also, Please allow the petition to discuss deck parking be heard.
I do sympathize with the few abutting neighbors but it seems a well executed deck and landscaping will offer them a more pleasing view and it would be un obtrusive due to the favorable grade- Quite confusing after total disregard of neighbors abutting the proposed new Long Lots turf field complete with lights and loudspeakers by the LLBC albeit 2 wrongs don’t make a right. Hopefully proper concessions will be made.
There is too much to loose by plowing ahead with a sub par and unfavorable plan by so many residents and merchants all for a DPIC adamant small green space
to be constructed in a busy PH parking lot?
Also perhaps better to fund the repaving the Imperial Lot 1st for all day employee parking with shuttle and at least see if that solves a majority of our
lack of proximate parking before we spend millions, we can ill afford, tearing up roads and a historic green to accommodate an over zealous and unpopular PH
complete redesign.
There are too many unknowns and unfunded promises down the road
to have any degree of comfort that adding back to Jesup Green will EVER happen with the tremendous costs facing us taxpayers in the near future ie school replacements and or large renovations,
recently proposed Fire/EMS/ Police HQs as well as the many Longshore improvements now being considered to name a few.
I would also like to mention the hill is the best part of Jesup Green. That is where everyone sits. Lovely birdseye
view…we are really going to decimate this? The DPIC is just a committee led by a business brander and marketing pro. It has no authority that we must adhere to. Likewise Jen Tookers preferences, for whatever reason,are not binding either. Westport is not, nor should be a brand or Lifestyle.
This “Westport Lifestyle” concept has become a runaway train for too many residents.
We have time to figure this out and get it right and reasonably affordable before any decisions are made. No real reason to be married to the current proposal and rush this through until all options are given proper attention and discussion with real concrete facts( no pun intended) both economic and logistical.
Again a study of a parking deck, Imperial Lot first with shuttle and use of
available unused spots behind the current Police Station before funding Jesup.
Do you really want to be the people
who severely compromised OUR Jesup
Green above anything else?
With the legal contests beginning to pile up over the destruction of our town green, i see no way forward for said ill fated plan. Seriously, there are about ten better alternatives to dpic’s childish scribblings on the matter. Such as moving the police cars to behind the station creating more than 40 spots. The fact that the green area added to parker harding is so minimal as to not even be noticed aside from the loss a parking and the non slanted spots. The fact that you could load on main street in mornings, creating more parking. You could have a garbage pick up service like we had in the sixties, i mean really, david walman promised to fix this terrible mess 10 years ago, what happened there.
I could go on and on with the best ideas from the last 50 years which dpic is obviously unaware. Does not matter, Jesup must be saved, at all costs. Parking must be saved at all costs. This is our town.
I know the RTM will do what is right for Westport.. SAVE JESUP NOW!!!!!!
As a business owner, in fact the largest retail/restaurant business owner on the street, I strongly object to maxx crowleys propoganda piece for the selectman’s office.
Max calls himself a business owner, let’s not confuse brick and mortar business with the business of being a landlord.
Maxx last I checked does not own a retail/restaurant business on Main Street. If he did, he would understand the parking issues.
He is tasked with heading up the association which is “supposed” to have merchants backs and very clearly DOES NOT !
Instead he and the DPIC committee have spent the better part of over 2 years working contrary to the actual retail merchants of the downtowns requests and pleas. Not once has he ever agreed to meet with and listen to the very businesses he is tasked with supporting. And we asked many times.
Speaking on our behalf and feigning support for this ridiculous plan which on top of destroying businesses through 3 hour parking limits, allowing customers no time to dine and shop, as well as destroying our town green, is just the last straw.
Saying “merchants” like the plan ? Maybe 5/150 like it.
Though I have yet to hear anybody, express anything but horror.
I suppose shame on us for not questioning when the “downtown merchants association”, morphed into the “downtown association”.
It should be called the selectman/landlord association.
It certainly does not support any merchant I know.
The downtown association does NOT support downtown business in any way shape or form.
They hold “events” which interfere horribly with our businesses, events we all dread.
Then beat us over the head telling us what they do for us.
Nothing !
Thank you. ( other than the garbage mafia)
Please collect the garbage and call it a day.
Your help is neither asked for nor appreciated.
Why does no one propose roofing over the parking lot behind Nomade