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| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | APRIL 17, 2023 | 5:30 P.M. |
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1. 5:32 P.M. CALL TO ORDER
Present: Pres. Morrone
Councilors Overton, Aiello, Cordio, LaPietra, Scialabba
T. Mgr. Lacey, T. Sol. Conley
Co. Clk. LeBlanc, T. Sgt. Falcone
Absent: Vice Pres. Lowther
Councilor Aiello (arrived 5:35 p.m.)
INVOCATION – Councilor Cordio
SALUTE TO THE FLAG – Council President Morrone
2. RECOGNITIONS, AWARDS & MEMORIALS
RATIFY AND CONFIRM:
a. Appreciation – Douglas Rayner
Council President Morrone stated that the aforesaid recognition was presented to Mr. Rayner at a recent event in his honor.
3. PRESENTATIONS
None
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. Benjamin Weber, 3 Blossom Ct – re: Fort Road Survey and 2008 Town Council adopted resolution
b. James Tarbox, 52 Riverview Ave – re: Asked Council President Morrone to recuse on any discussions and/or votes regarding Fort Road; re: Fort Road Survey; re: Asked Council to refer Fort Road right-of-way to CRMC for state designation
c. Conrad Ferla, 437 North Rd, South Kingstown – re: Fort Road right-of-way re: Asked Council President Morrone to recuse on any discussions and/or votes regarding Fort Road
d. Joseph MacAndrew, 1 Sosoa Ln, Conservation Commission Chair – re: Asked Council President Morrone to recuse on any discussions and/or votes regarding rights-of-way; re: Surveys by Al DiOrio; re: Asked Council to refer Fort Road right-of-way to CRMC for state designation
e. Thomas Miceli, 42 Quannacut Rd – re: Public access to the shore; re: Fort Road right-of-way
f. Patrick Cozzolino, 13 Milrose Ave – re: Asked Council to refer rights-of-way, including Fort Road, to CRMC for state designation; re: Asked Council President Morrone to recuse on any discussions and/or votes regarding Fort Road
g. Ryan Connolly, 86 East Ave – re: Public access to the shore; re: Asked Council President Morrone to recuse on any discussions and/or votes regarding shoreline access
h. Mark Ferrara, 65 Margin St – re: Fort Road survey; re: Watch Hill Conservancy and access to shoreline; re: Weekapaug shoreline access
i. Jean Gagnier, 6 Narragansett Ave – re: Public access to the shore; re: Asked Council to refer Fort Road right-of-way to CRMC for state designation; re: Asked Council to transfer Fort Road property into Municipal Land Trust; re: Asked Council President Morrone to obtain an ethics ruling regarding his participation in any discussions and/or votes regarding Fort Road
j. Ellen Kane, 76 Winnapaug Rd – re: Fort Road survey; re: Asked Council to refer Fort Road right-of-way to CRMC for state designation; re: Asked Council President Morrone to recuse on any discussions and/or votes regarding Fort Road and to obtain and ethics ruling regarding same
k. Scott Keeley, 62 Baxter St, Charlestown, RI – re: Rights-of-way and public access; re: Fort Road right-of-way; re: Asked Council President Morrone to recuse on any discussions and/or votes regarding Fort Road
l. Jason Jarvis, 70 Beach St – re: Rights-of-way and public access; re: Fort Road Survey; re: Asked Council to refer rights-of-way, including Fort Road, to CRMC for state designation;
COUNCILORS’ RESPONSE
Councilors responded to Citizens’ Comments regarding Fort Road right-of-way and survey of same, referring rights-of-way to CRMC for state designation; Council President Morrone’s possible conflict of interest regarding any discussions/votes regarding Fort Road; a May 26, 1998 Providence Journal article regarding Napatree beach access; Wapun Road, Bluff Avenue and Fort Road rights-of-way; and dune restoration in Misquamicut.
Town Solicitor Conley stated that Council President Morrone has the right to discuss and/or vote on the Fort Road right-of-way based on the information provided to him and the information placed on the record. He stated that the business association Mr. Morrone had with the Watch Hill Fire District is a prior business association and is a terminated business association. He explained that the cited Constantine opinion is quite different, stating that mere residency within the fire district is not the same as a direct impact on real estate owned by Mr. Morrone, which was essentially the Constantine decision. He stated that based on those facts, the application of the principles, the Constantine opinion, or the relevant provisions of the Ethics Code do not apply to the circumstances that were described to him and the circumstances that were placed on the record at the last meeting.
5. CONSENT CALENDAR
a. Approval of Minutes
Budget Workshop – 4/5/2023, 4/10/2023
Motion by Ms. Cordio, Seconded by Mr. Aiello, that the aforesaid minutes be accepted and approved as printed. (So Voted 5 to 0 – Councilor Overton and Lowther absent)
b. Fiscal Matters
Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the following resolution be adopted. (So Voted 5 to 0 – Councilor Overton and Lowther absent)
1. 22/23-60 Resolution For Payment To The Rhode Island Department Of Transportation For Sanitary Sewer Manhole Improvements Along Route 1 ($86,000.00)
Councilor Aiello requested that the memorandum, dated April 14, 2023, from Max Sposato, Director of Public Works/Utilities, regarding new sewer manholes for Route 1 resurfacing Union Street to Bellaire Street be attached to the aforesaid resolution.
c. Resignations and Appointments
1. Resignation:
a. Benjamin A. Weber, Conservation 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. Weber. (So Voted 6 to 0 – Councilor Lowther absent)
2. Appointments:
a. Economic Development Commission
Councilor Scialabba nominated George Robert Selvidio for appointment as Alternate Member to the Economic Development Commission.
A vote was taken on the nomination of George Robert Selvidio of 29 School Street, 2E for appointment as Alternate Member to the Economic Development Commission to fill the expired term of Joseph M. Montesano, term expiring January 2026, and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
Councilor Scialabba nominated Angela M. Thoman-Miller for re-appointment to the Licensing Board.
A vote was taken on the nomination of Angela M. Thoman-Miller of 57 Westminster Street for re-appointment to the Licensing Board, term expiring March 2026, and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
c. Veterans ‘Rolls of Honor’ Memorial Committee
Councilor Scialabba nominated Lucas Daniel Pityer for appointment as 2nd Alternate Member to the Veterans ‘Rolls of Honor’ Memorial Committee.
A vote was taken on the nomination of Lucas Daniel Pityer of 122 High Street for appointment as 2nd Alternate Member to the Veterans ‘Rolls of Honor’ Memorial Committee to fill the unexpired term of Jack M. Shippee, term expiring September 2027, and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
Councilor Scialabba nominated David James Madden for appointment to the Multicultural Committee.
A vote was taken on the nomination of David James Madden of 17 Autumn Lane for appointment to the Multicultural Committee, term expiring May 2025, and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
Councilor Scialabba nominated Katherine Rosen for appointment as to the Multicultural Committee.
A vote was taken on the nomination of Katherine Rosen of 5 Gull Terrace for appointment to the Multicultural Committee, term expiring May 2024, and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
Councilor Scialabba nominated Gerald C. Tobin for appointment to the Conservation Commission.
A vote was taken on the nomination of Gerald C. Tobin of 30 Butterfly Drive for appointment to the Conservation Commission, to fill the expired term of Thomas Micele, term expiring July 2025, and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
f. Harbor Management Commission
Councilor Scialabba nominated Captain Jason Jarvis for appointment to the Harbor Management Commission.
A vote was taken on the nomination of Captain Jason Jarvis of 70 Beach Street for appointment to the Harbor Management Commission, for a three-year term, expiring April 2026, and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
Councilor Scialabba nominated David Steven Reis for appointment to the Harbor Management Commission.
A vote was taken on the nomination of David Steven Reis of 68 Old Post Road for appointment to the Harbor Management Commission, for a two-year term, expiring April 2025, and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
Councilor Scialabba nominated Benjamin A. Weber for appointment to the Harbor Management Commission.
A vote was taken on the nomination of Benjamin A. Weber of 3 Blossom Court for appointment to the Harbor Management Commission, for a two-year term, term expiring April 2025, and the nomination carried. (So Voted 5 to 1 – President Morrone dissented; Councilor Lowther absent)
g. Ad Hoc Affordable Housing Study Committee
Councilor Scialabba nominated Alfred A. Bartkiewicz, Carroll Horger Caldwell, Edward F. Marolda, Captain Theodore Lee Rice, and Nicholas Scola for appointment to the Ad Hoc Affordable Housing Study Committee.
A vote was taken on the nomination of Alfred A. Bartkiewicz of 21 Wicklow Road for appointment to the Ad Hoc Affordable Housing Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
A vote was taken on the nomination of Carroll Horger Caldwell, 32 School Street for appointment to the Ad Hoc Affordable Housing Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
A vote was taken on the nomination of Edward F. Marolda of 40 Elm Street for appointment to the Ad Hoc Affordable Housing Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
A vote was taken on the nomination of Captain Theodore Lee Rice of 22 Cross Street for appointment to the Ad Hoc Affordable Housing Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
A vote was taken on the nomination of Nicholas Scola of 189 Watch Hill Road for appointment to the Ad Hoc Affordable Housing Study Committee for an indefinite term and the nomination carried. (So Voted 5 to 1 – Councilor LaPietra dissented; Councilor Lowther absent)
Motion by Mr. Overton, Seconded by Mr. LaPietra, to reconsider the appointment of Nicholas Scola to the Ad Hoc Affordable Housing Study Committee. A poll vote was taken as follows and the motion failed. (Voted 3 to 3 – Councilors Scialabba and Cordio and Council President Morrone dissented; Councilor Lowther absent)
YES NO
LaPietra Scialabba
Overton Cordio
Aiello Morrone
Lowther - absent
Town Solicitor Conley addressed the appointment of developers on the Affordable Housing Committee with regards to possible conflict of interest.
h. Ad Hoc Westerly Marina Study Committee
Councilor Scialabba nominated Douglas Brockway, Malcolm A. Cooper, James Alexander Hall, Esq., Dr. Adam S. Kaufman, Kimberlie Jean Rayner-Russell, Robert Russell, Marco Tommasini, John Robinson Tregenza, III and Jill Scola for appointment to the Ad Hoc Westerly Marina Study Committee.
A vote was taken on the nomination of Douglas Brockway of 32 Chestnut Street for appointment to the Ad Hoc Westerly Marina Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
A vote was taken on the nomination of Malcolm A. Cooper of 9 Canyon Drive for appointment to the Ad Hoc Westerly Marina Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
A vote was taken on the nomination of James Alexander Hall, Esq., 61 Elm Street for appointment to the Ad Hoc Westerly Marina Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
A vote was taken on the nomination of Dr. Adam S. Kaufman of 8 Champlin Drive for appointment to the Ad Hoc Westerly Marina Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
A vote was taken on the nomination of Robert Russell of 51 Quannacut Road for appointment to the Ad Hoc Westerly Marina Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
A vote was taken on the nomination of Marco Tommasini of 38 Margin Street for appointment to the Ad Hoc Westerly Marina Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
A vote was taken on the nomination of John Robinson Tregenza, III of 13 Pasadena Avenue for appointment to the Ad Hoc Westerly Marina Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
A vote was taken on the nomination of Jill Scola of 189 Watch Hill Road for appointment to the Ad Hoc Westerly Marina Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
Town Solicitor Conley will review whether Kimberlie Jean Rayner-Russell, who currently serves as Assistant Harbor Master, can serve as a member of the Ad Hoc Westerly Marina Study Committee:
i. Ad Hoc Former Bradford School Site Study Committee
Councilor Scialabba nominated Emily Ann Fish, Daniel J. King, Tracie Marie Sandberg, and Laureen Smith for appointment to the Ad Hoc Former Bradford School Site Study Committee:
A vote was taken on the nomination of Emily Ann Fish of 43 North Woody Hill Road, Bradford, for appointment to the Ad Hoc Former Bradford School Site Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
A vote was taken on the nomination of Daniel J. King of 20 North Capalbo Drive, Bradford, for appointment to the Ad Hoc Former Bradford School Site Study Committee for an indefinite term and the nomination carried. (So Voted 5 to 1 – Council President Morrone dissented; Councilor Lowther absent)
A vote was taken on the nomination of Tracie Marie Sandberg of 28 Quarry Road, Bradford, for appointment to the Ad Hoc Former Bradford School Site Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
A vote was taken on the nomination of Laureen Smith of 3 Circle Drive, Bradford, for appointment to the Ad Hoc Former Bradford School Site Study Committee for an indefinite term and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
Discussion was held regarding the remaining applicants for the Ad Hoc Former Bradford School Site Study Committee and the procedure of the Town Council Liaison Appointments Committee regarding application review.
The Council agreed to re-open the application process for the Ad Hoc Affordable Housing Study Committee, the Ad Hoc Westerly Marina Study Committee and the Ad Hoc Former Bradford School Site Study Committee until Friday, April 28, 2023.
6. PUBLIC HEARINGS
None
7. NEW BUSINESS
a. Petition from Narragansett Electric and Verizon New England, Inc. for New Pole Location at Lakeside Drive (WR# 30754788) – Discussion and Possible Action
Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the aforesaid petition be granted. (Voted Unanimously)
b. Fort Road Survey Request – Discussion and Possible Action
Motion by Ms. Cordio, Seconded by Mr. Aiello, that Al DiOrio be hired to perform a survey of Fort Road right-of-way based on the 2008 Town Council adopted resolution and the maps incorporated in same and how it lands on the terrain today. A poll vote was taken as follows and the motion carried: (So Voted 4 to 2 – Councilors Scialabba and Morrone dissented; Councilor Lowther absent)
YES NO
LaPietra Scialabba
Overton Morrone
Cordio
Aiello
Lowther - absent
c. 22/23-61 Resolution of the Town of Westerly In Opposition To Rhode Island 2023 Gun Control Legislation – Discussion and Possible Action
Motion by Mr. Overton, Seconded by Mr. LaPietra, that the aforesaid resolution be adopted.
Councilor Aiello stated that the Council is usually provided with copies of all the proposed legislation referenced in the resolution, and he requested an opportunity to review same prior to consideration of the resolution.
A poll vote was taken on the motion as follows and the motion carried: (So Voted 4 to 2 – Councilors Cordio and Aiello dissented; Councilor Lowther absent)
YES NO
LaPietra Cordio
Overton Aiello
Scialabba
Morrone
Lowther - absent
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; Commission expressed concern with some of their projects because there might be overlapping efforts with other studies being conducted; Commission seeking direction (Councilor Scialabba)
Town Manager Lacey reported that he met with several members of the Economic Development Commission and that the Commission was provided with clear direction.
Councilor LaPietra requested that he also be appointed a Council liaison to the Economic Development Commission in addition to Councilor Scialabba.
2. Veterans “Roll of Honor” Memorial Committee – Ceremony for presentation of new bronze plaque scheduled for Thursday, May 25, 2023, at 2:00 p.m. at the Westerly War Memorial located at the corner of Grove Avenue and Granite Street; guest speaker will be Kasim J. Yarn, Director of Veterans Affairs for the State of RI (Councilor Aiello)
3. Chamber of Commerce – Duck Race will take place on Saturday, April 29, 2023; ducks still available for sale up to and including the day of the race (Council President Morrone)
b. Town Council – 4/17/23
1. Item #5 4/17/23 – From Councilor Overton – re: Westerly Veterans ‘Rolls of Honor’ Memorial Eligibility Criteria and Application Instructions – Councilor Overton felt that the Council should endorse the eligibility criteria and application instructions used by the Veterans ‘Rolls of Honor’ Memorial Committee.
Council President Morrone directed that the aforesaid document be placed on the May 1, 2023 Council agenda for endorsement.
2. Item #1(b) 4/17/23 – From Town of Charlestown – re: Resolution in Support of House Bill 2023 – H 5788 – An Act relating to State Affairs and Government Tourism and Development – Councilor Aiello stated that the aforesaid resolution relates to the distribution of funds to cities and towns, and he felt that Westerly should consider a similar resolution.
Councilor Cordio explained the aforesaid proposed legislation and stated that the Council should instead consider endorsing the cottage tax.
c. Town Manager – 4/17/23
1. Item #1 4/17/23 – Correspondence from Dean J. Savramis, Mitigation Division Director, DHS, FEMA Region I, dated March 21, 2023; received from Marc R. Pappas, Director RIEMA re: Town of Westerly 2023 Hazard Mitigation & Flood Management Plan approval – Town Manager Lacey reported that the Town’s mitigation plan was approved by FEMA and RIDEM, effective March 21, 2023 through March 20, 2028, and that no changes were made.
d. Town Solicitor
None
e. Town Clerk
None
f. Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)
1. Fort Road Right-of-Way – Councilor LaPietra requested that the Council consider a resolution asking that Fort Road right-of-way be referred to CRMC for possible State designation and to reference the 2008 Town Council adopted resolution.
2. Ad Hoc Former Bradford School Site Study Committee – Councilor Aiello requested that he be allowed to assist the Ad Hoc Former Bradford School Site Study Committee with agenda preparation.
g. Requests of Town Manager by Councilors
None
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.
a. Jean Gagnier, 6 Narragansett Ave – re: Fort Road right-of-way; submitted a Providence Journal article regarding “Fire district to guarantee beach access”; eminent domain; re: Second Amendment to the Constitution
b. Daniel King, 20 North Capalbo Dr – re: Fort Road right-of-way; re: Applicants for Ad Hoc Bradford Study Committee
c. George Selvidio, 29 School St – re: Subway Shopping Plaza – need for a streetlight at entrance; re: Cooked Goose parking reduced due to outside dining
d. Robert Celico, 8 Iroquois Ave – re: April 3, 2023 Town Council meeting – Trestle Park Self Storage Facility real estate listing to sell expired June 8, 2022; submitted Marcus & Millichap Seller’s Fee Agreement
COUNCILORS’ RESPONSE
Councilors responded to Citizens’ Comments regarding optional interviews for the Ad Hoc Former Bradford School Site Study Committee.
Motion by Mr. Aiello, that the Council reconsider appointments to the Ad Hoc Former Bradford School Site Study Committee, Item 5(l), to appoint the remaining five applicants. There was no Second.
Town Manager Lacey responded to Citizens’ Comments, stating that the Town can investigate the possibility of installing a streetlight at the Subway Shopping Plaza. He stated that the lefthand turn signals installed on Granite Street were a State project; that it cost over $500,000 for the redesign of those intersections; and that the State provided arrows on the southbound turning lanes only. He reported that all outside seating at the Cooked Goose has been eliminated.
11. POSSIBLE EXECUTIVE SESSION
Motion by Ms. Scialabba, Seconded by Ms. Cordio, to go into executive session for discussion and/or action regarding those items of business exempt from open meetings under Rhode Island General Laws §42-46-4 and §42-46-5(a)(2) Litigation – J.G. & R.R. for their Minor Child J.R. v. Westerly, et al., No. 1:21-cv-00056-WES-PAS and §42-46-5(a)(2) Litigation – Update/Discussion on ongoing national Opioid Litigation/Settlements. (So Voted 5 to 1 by poll vote – Councilor LaPietra dissented; Councilor Lowther absent)
8:08 P.M. EXECUTIVE SESSION
The purpose of this Executive Session was to discuss Litigation.
* * * * *
8:52 P.M. Voted Unanimously to adjourn and seal the minutes of this Executive Session.
8:53 P.M. Reconvened Open Session.
Executive Session Report
Council President Morrone announced that the Council, under Litigation, discussed the matters of J.G. & R.R. for their Minor Child J.R. v. Westerly, et al. and Update/Discussion on ongoing national Opioid Litigation/Settlements and that two votes were taken. Under the matter of the ongoing national opioid litigation/ settlements, the Council, through a motion by Ms. Scialabba, Seconded by Mr. Overton, voted 5 to 0 that the Town participate in the CVS/Walgreens/Walmart settlement. (Councilors LaPietra and Lowther absent)
Motion by Ms. Cordio, Seconded by Ms. Scialabba, that the Executive Session minutes be sealed. (So Voted 5 to 0 – Councilors LaPietra and Lowther absent)
12. ADJOURNMENT
8:55 P.M. Voted Unanimously to adjourn.
| ATTEST: | |
| | Mary L. LeBlanc, MMC Council Clerk |
Details of the aforesaid proceedings are available on video on the Town of Westerly website.