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CORRECTED MINUTES
| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | AUGUST 7, 2023 | 5:30 P.M. |
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1. 5:30 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
INVOCATION – Councilor Overton
SALUTE TO THE FLAG – Council President Morrone
2. RECOGNITIONS, AWARDS & MEMORIALS
a. Proclamation – “U.S. Small Business Administration” – 70th Anniversary, July 30, 2023
No action was taken on the aforesaid proclamation.
3. PRESENTATIONS
a. Advisory Charter Revision Commission – Draft Report – Jean L. Gagnier, Chair
Present: Members of the Advisory Charter Revision Commission: Jean L. Gagnier, Chair; John Armstrong, Vice Chair; Michael Niemeyer; Mark Berardo, Esq; Chris Lawlor; Harriet Moore; Thomas Nall; Edward St. Clair
Mr. Gagnier read aloud a letter from the Advisory Charter Revision Commission regarding its review of the Town Charter, which is attached hereto and made part of the record of these proceedings.
The Commission addressed the following proposed amendments to the Town Charter:
1-3-1 The Powers of the Town – proposed amendment
Discussion was held as to whether to include language about eminent domain and the meaning of the proposed language “any of its interests.”
Article 2 – Town Council and 15-1-3 Oath of Office
No changes were made to the proposed amendment.
2.1.1 Number, Selection, Term
Discussion was held regarding the definition of the word “term” and whether the time served includes the time an individual was appointed to fill an unexpired term.
2.1.3 Vacancies
Discussion was held regarding the definition of a “qualified person”; the need for a special election to fill a vacancy in the membership of the Council; and a suggestion that consideration be given to reducing the number of runners up from three to one.
2-1-8 Meetings and 11-1-6 Organization and Rules
Discussion was held regarding the proposed amendment to include a provision to include public comment at each meeting, including special or emergency meetings, and a suggestion that the proposed amendment be reworded to avoid misinterpretation of the language that the Town Council and School Committee be required to include two public comment provisions at all meetings.
3-1-3 Proposed Budget
No changes were made to the proposed amendment.
3-1-9(b) Administration of Budget. Payment and Obligations Prohibited
Discussion was held regarding the proposed language and whether it allows for any provisions for accidental mistakes or is it automatically a crime.
It was explained that the intent was not to change the meaning of the existing Charter provision but to add the language “shall be” to be consistent with the previous clause.
Town Solicitor explained that the current Town Charter does provide that any payment is illegal, but not in the criminal sense. He stated that it is illegal in terms of enforceability.
It was noted that the proposed amendment should read: “Any authorization of payment or incurring of obligation in violation of the provision of this Charter shall be void and any payment shall be illegal.”
4-1-2(g) Powers and Duties of the Town Manager
No changes were made to the proposed amendment.
5-3-3(b) Recall Election
No changes were made to the proposed amendment.
7-1-4(e) Power and Duties of the Finance Director
No changes were made to the proposed amendment.
8-1-3 Board of Assessment Review – Appointment, Vacancies
No changes were made to the proposed amendment.
9-1-7 Appointment and Tenure of Police Officers
No changes were made to the proposed amendment.
9-1-8 Constables
Confirmation was sought that the proposed amendment did not conflict with State law.
11-1-3 School Committee – Vacancies
No changes were made to the proposed amendment.
Chapter IV Development Services
No changes were made to the proposed amendment.
Article XII, Chapter I, Planning Board
12-1-1 Planning Board
12-1-2 Term of Office; vacancies
12-1-3 Powers and duties of a planning board or commission
12-1-4 Town Planner and Administrative Officer
The Commission noted that the entire chapter was reorganized to reflect the applicable RI General Laws, as well as local ordinances.
It was requested that the Council be provided with a copy of RIGL § 45-22-7.
Discussion was held regarding whether to include State law language in the Town Charter because it seemed redundant.
It was explained that, due to the elimination of Chapter IV, Development Services, of Article XII, the Commission recommended that the following sections of the Town Charter be relocated to Article XII, Chapter 1, Planning Board:
12-3-3 Zoning Official
12-3-4 Property Management Code Official
13-3-5 Building Official
Responding to Councilor Aiello, Town Solicitor Conley stated that there is proper language regarding relocating these sections in the Town Charter.
Motion by Mr. Aiello, Seconded by Ms. Cordio, that the following sections of the Charter be added to the agenda for discussion only: (Voted Unanimously)
15-1-1 Amendments to the Charter
Town Solicitor Conley addressed in his memorandum, dated August 1, 2023, which is attached hereto and made part of the record of these proceedings, that addresses former Town Solicitor Matthew T. Oliverio’ memorandum, dated July 27, 2015, regarding Westerly Town Charter amendments.
15-2-2(2) Procedure for Adoption of Ordinances
Ms. Moore distributed sample advertisements to the Council, which are attached hereto and made part of the record of these proceedings.
Discussion was held regarding the proposed amendment to advertise the entire proposed ordinance rather than only a section or subsection so that the public is clearly informed of the amendment.
15-2-3 Actions Requiring an Ordinance
Mr. Gagnier addressed additional Commission recommendations which include mandatory attendance at board/committee/commission meetings by auxiliary members, purging and archiving of Town records, alignment of Westerly Town Ordinances with RIGL § 44-22-7, and Charter Revision Commission versus Advisory Charter Revision Commission.
7:50 P.M. RECESS
7:55 P.M. RECONVENED
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. Stephen Cersosimo, 4189 Old Post Rd, Charlestown, RI, local business owner – re: Thanked Council for its support of rights-of-way; Weekapaug Fire District v. Town of Westerly (Sand Trail Consent Agreement regarding Sand Trail)
b. James Torres, 19 Salt Pond Way, Chair, Economic Development Commission – re: Recommended Changes to Boards, Committees and Commissions Handbook
c. Douglas Brockway, 32 Chestnut St, Chair, Westerly Marina Study Committee – re: Recommended Changes to Boards, Committees and Commissions Handbook
d. Maureen Fitzgerald, 15 Blue Herron Dr, President and CEO, Westerly YMCA – re: Asked Council to reconsider the YMCA’s $75,000 request of American Rescue Plan Act (ARPA) funds
e. Jeffrey Liguori, Longmeadow, MA, Board Member, Westerly YMCA – re: Asked Council to reconsider the YMCA’s $75,000 request of American Rescue Plan Act (ARPA) funds
f. Charlis Kellogg, 12 Leeward Dr, Board Member, Westerly YMCA – re: Asked Council to reconsider the YMCA’s $75,000 request of American Rescue Plan Act (ARPA) funds
g. Benjamin Weber, 3 Blossom Ct – re: Weekapaug Fire District’s Motion to Hold Defendant Town of Westerly in Contempt of the 1997Consent Judgment and for Sanction regarding Exhibit C – July 2021 Email Exchange
h. Jill Ollender, 28 Tower St – re: Coastal Access; Ninigret Avenue Right-of-Way
i. Frederick Sculco, 117 Avondale Rd – re: Asked Council to reconsider the YMCA’s $75,000 request of American Rescue Plan Act (ARPA) funds
j. Anthony Palazzolo, Esq., 285 Pendleton Hill Rd, Stonington, CT – re: Thanked Council for passing resolution regarding Watch Hill Lighthouse at July 31, 2023 Special Meeting; submitted documents regarding Consent Judgment, C.A. No 94-321, Superior Court 2/26/97, map of property, and description of land in Charlestown; submitted letter from Robert A. Scott, Esq. to Charles Johnson, President, RIMS, dated March 2, 1997 regarding Consent Judgment
COUNCILORS’ RESPONSE
At the request of Councilor Overton, Town Solicitor Conley attempted to address Citizens’ Comments regarding the Weekapaug Fire District’s Motion to Hold Defendant Town of Westerly in Contempt of the 1997Consent Judgment and for Sanctions.
Councilor Cordio, on a point of order, expressed concern with regards to Town Solicitor Conley discussing litigation matters that will be discussed in Executive Session and making admissions.
Town Solicitor Conley felt that he should have the opportunity to respond to accusations made against him without compromising litigation strategy.
Councilors responded to Citizens’ Comments regarding the YMCA’s $75,000 request of American Rescue Plan Act (ARPA) funds; coastal access; and the Boards, Committees and Commissions Handbook.
5. CONSENT CALENDAR
a. Approval of Minutes
Regular – 7/10/23
Executive – 7/10/23 (Sealed)
Special – 7/31/23
Motion by Ms. Cordio, 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
Motion by Mr. Aiello, Seconded by Ms. Cordio, that the following resolution be adopted: (Voted Unanimously)
a. 23/24-9 Resolution Confirming The Action Of The Town Manager To Procure a Split Deck Trailer For The Recreation Department (Wright Trailers - $10,295.00)
c. Resignations and Appointments
1. Resignation:
a. Timothy C. Killam, Ad Hoc Former Bradford School Site Study Committee
Motion by Ms. Cordio, 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. Killam. (Voted Unanimously)
6. PUBLIC HEARINGS
None
7. NEW BUSINESS
a. Petition from Narragansett Electric and Verizon New England, Inc. for New Pole Location on Boombridge Road (WR# 30804228) – Discussion and Possible Action
Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the aforesaid petition be granted. (Voted Unanimously)
b. Revolving Funds and In-Lieu of Funds – Discussion
Present: Nancy Letendre, Town Planner
Town Planner Letendre stated that the Town Council referred the “In-Lieu of Funds” to the Planning Board and that the Board is prepared to discuss this at its next meeting. She explained that the “In-Lieu of Funds” fee is connected to the section of the Zoning Code regarding inclusionary zoning and that changes were recently made to inclusionary zoning by the Rhode Island General Assembly. She recommended that the Planning Board look at that subject in the context of the entire inclusionary zoning ordinance. She stated that documentation is being prepared on the effects the new state law had on the “In-Lieu of Funds” fee. She noted that an initial review of the Zoning Ordinance by herself, the Zoning Official, and the Assistant Town Solicitor discovered inconsistencies between the State law and the Town ordinance. She reported that only one builder has chosen to pay the “In-Lieu of Funds” fee to the Town. She stated that the Council also requested that the Planning Board review the Revolving Funds, which is one method of aiding those in housing that might need rehabilitation funds or assistance for a temporary period of time in order to stay in their homes. She explained that it is not a way for generating more or producing new affordable housing but is a good tool for housing rehabilitation. She stated that the Revolving Fund is a 501c3 fund that was started in 2013 and that she is unaware of any activity with the fund.
Responding to Councilor LaPietra, Town Planner Letendre stated that she will work with the Town Manager and report back to the Council as to whether taxpayer dollars have been contributed to the Revolving Fund.
Councilor Lowther stated that the Council’s desire is to find a use for the current $123,000 “In-Lieu of Funds” because they are not currently allocated toward any type of affordable housing project.
c. Handbook For Boards, Commissions & Committees – re: Rules and Procedures – Discussion
Councilor Lowther stated that he reviewed the ordinances for the various boards and committees, and he felt that the ordinances are inconsistent in their descriptions and that each committee should have the same structure. He felt that each board and committee should state a purpose, define how it was established, describe goals and objectives, outline membership and terms, list a possible liaison, define its organization, describe its duties and responsibilities given to it by the Council, define its powers given to it by the State, outline its meetings schedule, define possible subcommittees, and explain how it should respond to the press. He stated each board or committee chair could be provided with a generic template to be used to rewrite the ordinance.
Discussion was held regarding further template suggestions, including a time limit for the appointment of officers; the setting of term limits; a Town e-mail address for each board, committee or commission; a procedure for handling excessive absenteeism; and the appointment of a chair, vice chair and secretary. Discussion was also held as to whether the Council would hold an ad hoc committee to the same standards as a permanent committee.
The Town Council Liaison Appointments Committee was tasked with coordinating with the Town Solicitor and the Town Clerk in developing a template for boards, committees and commissions and that the template be provided to the Council for review.
Motion by Ms. Cordio, Seconded by Mr. Aiello, that the recommendation of the Harbor Management Commission regarding the Access, Care and Maintenance Agreement, Atlantic Avenue Property Opposite Misquamicut State Beach Westerly (Misquamicut Bike Path) be added to the agenda for discussion only. (Voted Unanimously)
d. Recommendation of the Westerly Harbor Management Commission regarding the proposed the Access, Care and Maintenance Agreement, Atlantic Avenue Property Opposite Misquamicut State Beach Westerly (Misquamicut Bike Path)
Councilor Cordio reported that the Council tasked the Harbor Management Commission with reviewing the maintenance agreement with regards to the installation of three gates located at the entrances of the fishing/boating access and drainage area/catch basin areas. She stated that there was no indication anywhere of when and how the gates were installed, noting that the gates were shown in the plans but unable to determine if Town or DEM said to install the gates. She stated that the Harbor Management Commission is requesting that the agreement be forwarded to the Town Solicitor for amendment, which includes the recommendations that any and all references regarding “gates” be removed from the maintenance agreement and that the 2005 Easement Agreement between the State (RIDEM) and the Town be added in its entirety to the Maintenance Agreement.
The Maintenance Agreement was provided to the Town Solicitor for review and recommendation to the Council.
8. UNFINISHED BUSINESS
a. CPower Battery – Approval of Town Council to Allow Town Manager to Sign Letter of Intent and Mutual Nondisclosure Agreement – Discussion and Possible Action
Town Manager Lacey stated that the Town Council was presented with two presentations at the prior meeting, noting that the proposal regarding alternative energy power is going out to Request for Proposals (RFPs) and that the other proposal by CPower regarding a battery for the Sewer Treatment Plant sought authorization from the Council to move forward with a study. He explained that there is no cost to the Town for the study unless the study shows substantial savings and the Town then decides not to move forward in which case there would be a $6,000 break fee by the Town.
Discussion was held regarding the request that the Town proceed through the competitive bid process.
Motion by Mr. LaPietra, Seconded by
9. COMMUNICATIONS & REPORTS
a. Liaison Reports
None
b. Town Council – 8/7/23
1. From CRMC – re: August 2023 Calendar – Council President Morrone noted the aforesaid calendar.
c. Town Manager – 8/7/23
None
d. Town Solicitor
None
e. Town Clerk
None
f. Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)
1. Stand Up for Animals (SUFA) Lease – Town Manager Lacey reported that he has a meeting scheduled this week with Town Solicitor Conley and Chief of Police Gingerella to review the SUFA lease and that a meeting is scheduled for Friday, August 11, 2023, with SUFA representatives.
Councilor Cordio questioned whether the Town should have a policy regarding non-profit organizations soliciting funds from a municipal building without any agreement or lease.
Motion by Ms. Scialabba, Seconded by Mr. LaPietra, to waive the 10:00 p.m. curfew (Rule 9(a)) and continue with the meeting. (Voted Unanimously)
g. Requests of Town Manager by Councilors
1. Subsidy Requests – Councilor LaPietra requested time with Town Manager Lacey to review a possible amendment to the subsidy application form to require financial information to accompany subsidy requests.
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. Maureen Fitzgerald, 15 Blue Herron Dr – re: YMCA ARPA request; asked for reconsideration of ARPA funding even at a lesser amount; asked how to get on a Town Council agenda if the Town Council does not reconsider request
b. Bejamin Weber, 3 Blossom Ct – re: Ninigret Avenue; two-hour parking restriction on Bay Street
c. Anthony Palazzolo, 265 Pendleton Hill Rd, North Stonington, CT – re: Watch Hill Lighthouse – distributed screenshot of Lighthouse Keepers hours and rules; re: Weekapaug Fire District’s Motion to Hold Defendant Town of Westerly in Contempt of the 1997Consent Judgment and for Sanction regarding Exhibit C – July 2021 Email Exchange – submitted letter from Town Solicitor Conley to Jeffrey Willis, Executive Director, CRMC, dated November 23, 2022 regarding Town of Westerly – Spring Avenue Extension and Waters Edge Road
COUNCILORS’ RESPONSE
None
11. POSSIBLE EXECUTIVE SESSION
Motion by Mr. Aiello, 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 – Weekapaug Fire District v. Town of Westerly C.A. No.: WC-1994-0321. (So Voted 6 to 1 – Councilor LaPietra dissented)
Motion by Mr. Aiello, Seconded by Ms. Cordio, that the 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)(5) §42-46-5(a)(2) Litigation – Roger Hall v. Town of Westerly C.A. No.: WC-2017-0109 be tabled to a future meeting. (Voted Unanimously)
Motion by Mr. Aiello, Seconded by Mr. Overton, 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 – Trestle Park, LLC v. Town of Westerly, et al. C.A. No.: WC-2023-0227. (So Voted 6 to 1 – Councilor LaPietra dissented)
Motion by Mr. Lapietra, Seconded by Mr. Lowther, that the 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)(5) Land Acquisition be tabled to the August 21, 2023 Regular Meeting. (Voted Unanimously)
Motion by Mr. Lowther, Seconded by Ms. Scialabba, that the Executive Session §42-46-5(a)(4) Any Investigative Proceedings Regarding Allegations of Possible Release of Confidential Information, Either Civil or Criminal be tabled to the August 21, 2023 Regular Meeting. (Voted Unanimously)
10:29 P.M. EXECUTIVE SESSION
The purpose of this Executive Session was to discuss Litigation.
* * * * *
11:18 P.M. Voted Unanimously to adjourn and seal the minutes of this Executive Session.
11:20 P.M. Reconvened Open Session. (Town Solicitor Conley absent)
Executive Session Report
Council President Morrone announced that the Council, under Litigation, discussed the matter of the Weekapaug Fire District v. Town of Westerly, and Trestle Park, LLC v. Town of Westerly, et al and that no votes were taken.
Motion by Ms. Scialabba, Seconded by Mr. Lowther, that the Executive Session minutes be sealed. (Voted Unanimously)
12. ADJOURNMENT
11:30 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.