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Downtown Parking Update: ARPA $$ Legal Opinion, WDA Support

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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