1.     5:30 P.M.  CALL TO ORDER

 

Present:   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 Vice President Lowther

 

RESIGNATIONS AND APPOINTMENTS: :

 

a.     Resignation – Edward P. Morrone, Town Councilor

 

Motion by Mr. Overton, Seconded by Mr. LaPietra, that the aforesaid resignation be accepted with regret.  (Voted Unanimously)

 

b.     Appointment of Town Councilor

 

               OATH OF OFFICE – Robert L. Lombardo

 

     Town Clerk LeBlanc administered the oath of office to Robert L. Lombardo.

 

Motion by Mr. LaPietra, Seconded by Mr. Aiello, move to item #7a at this time.  (Voted Unanimously by poll vote)

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

               None

 

 

 3.    PRESENTATIONS

 

a.     Mental Health Resource Center Grand Re-Opening – Tuesday, August 29^th at 4:30 P.M., 68 Pierce Street, Westerly (Westerly Police Sub-Station)

 

     Ms. Scialabba announced that a ribbon cutting ceremony is scheduled for Tuesday, August 29, 2023, at 4:30 p.m. for a Town mental health resource center located at the Police Substation at 68 Pierce Street.  She explained how the center originated.  She stated that the center will be managed by Gateway during the second shift time-period through a grant.  She stated that the center is looking for volunteers during the daytime as well.  She displayed a sign containing a QR code that will be posted throughout the Town that offers information on how and where to get help and stated that a sign is available to any business that would like to post one.

 

     Town Manager Lacey provided an overview of Gateway which services the Police Department during the second shift time-period through a three-year grant and stated that the new resource center will be an additional meeting place for individuals needing assistance.  He reported that over 60% of the calls to the police station are mental health related.

 

 

 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.     Hatsy Moore, 32 Yosemite Valley Rd – re: Item #1 - Town Manager’s Report – re: Watch Hill Lighthouse resolution expressing the Town’s intent to secure ownership of the property; opposed to the Town taking ownership of Watch Hill Lighthouse property

 

b.     Benjamin Weber, 3 Blossom Ct – re: Congratulated appointment of new Council member, Town Council President and Town Council Vice President; re: Mental Health Resource Center, 68 Pierce St; re: Watch Hill Yacht Club Dredging Project application; re: Item #1 – Town Manager’s Report – re: Watch Hill Lighthouse resolution expressing the Town’s intent to secure ownership of the property; favored the Town taking ownership of the Watch Hill Lighthouse property

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens’ Comments regarding the Mental Health Resource Center, the Watch Hill Lighthouse property regarding public access, and the National Preservation Lighthouse Act.

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes

Regular – 7/24/23

Executive – 7/24/23 (Sealed)

 

Motion by Mr. Overton, Seconded by Ms. Cordio, 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. Overton, Seconded by Mr. LaPietra, that the following resolutions be adopted. (Voted Unanimously)

 

1.     23/24-10 Resolution Authorizing The Addition To The Tax Rolls ($15,845.96)

 

2.     23/24-11 Resolution Authorizing Deletion To Tax Rolls ($162,368.83)

 

3.     23/24-12 Resolution Authorizing The Addition To The Pro-Rated Tax Roll ($52,517.47)

 

4.     23/24-13 Resolution Authorizing Payment To Douglas H. Smith, Esq. (Litigation matters - $700.00)

 

5.     23/24-14 Resolution Authorizing Payment To John M. Tobias, Ph.D., P.E. (Litigation matters - $2,085.00)

 

        c.     Resignations and Appointments

 

1.     Resignation:

        a.     Edward F. Marolda, Ad Hoc Affordable Housing Study Committee

 

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

 

 

6.     PUBLIC HEARINGS

 

               None

 

 

7.     NEW BUSINESS

 

a.     Reorganization of the Town Council:

        1.     Election of Council President

 

     Town Clerk LeBlanc called for nominations for Council President.

 

     Councilor LaPietra nominated Councilor William J. Aiello for Town Council President.  Councilor Scialabba nominated Councilor Kevin J. Lowther, II for said position.

 

A poll vote was taken on the nomination of William J. Aiello as President of the Town Council and the nomination carried:  (So Voted 4 to 3 – Councilors Scialabba, Lowther and Lombardo dissented)

 

                                                YES                                          NO

 

                                               LaPietra                                   Scialabba

                                               Overton                                   Lowther

                                               Cordio                                     Lombardo

                                               Aiello

 

        2.     Election of Council Vice President

 

     Council President Aiello called for nominations for Council Vice President.

 

     Councilor LaPietra nominated Councilor Philip M. Overton, Jr. for Town Council Vice President.  Councilor Scialabba nominated Councilor Kevin J. Lowther, II for said position.

 

A poll vote was taken on the nomination of Philip M. Overton as Vice President of the Town Council and the nomination carried:  (So Voted 4 to 3 – Councilors Scialabba, Lowther and Lombardo dissented)

 

                                                YES                                          NO

 

                                   LaPietra                                   Scialabba

                                   Overton                                   Lowther

                                   Cordio                                     Lombardo

                                   Aiello

 

Motion by Mr. LaPietra, Seconded by Ms. Scialabba, to revert to Item #2.  (Voted Unanimously)

 

b.     Proposed Ordinance – “An Ordinance In Amendment Of Chapter 121 Of The Westerly Code Of Ordinances Entitled ‘Fee Schedule’”

        (Order Adv. for Public Hearing on 9/11/23)

 

Motion by Ms. Cordio, Seconded by Mr. Lowther, that the aforesaid proposed ordinance be ordered advertised for public hearing on September 11, 2023.  (Voted Unanimously)

 

c.     Proposed Ordinance – “An Ordinance In Amendment Of Chapter 150 Of The Westerly Code Of Ordinances Entitled ‘Junkyards’”

        (Order Adv. for Public Hearing on 9/11/23)

 

Motion by Ms. Cordio, Seconded by Ms. Scialabba, that the aforesaid proposed ordinance be ordered advertised for public hearing on September 11, 2023.  (Voted Unanimously)

 

d.     Proposed Ordinance – “An Ordinance In Amendment Of Article II, Issuance Of Licenses, Of Chapter 158 Of The Westerly Code Of Ordinances Entitled ‘Licensing’”

        (Order Adv. for Public Hearing on 9/11/23)

 

Motion by Ms. Scialabba, Seconded by Ms. Cordio, that the aforesaid proposed ordinance be ordered advertised for public hearing on September 11, 2023.  (Voted Unanimously)

 

e.     Watch Hill Yacht Club Dredging Project – CRMC Application File No. 2022-11-010, dated August 8, 2023 – Discussion and Possible Action

 

     Council President Aiello explained that the Watch Hill Yacht Club dredging project application submitted to CRMC does not list One Fort Road anywhere which is the Yacht Club’s official address listed on its website and in the Town’s land records.  He stated that the original objection of the Town Council was the lack of identification of Fort Road on the application maps.  He stated that the application shows an alternate route for pedestrian access during the dredging project, but still does not list Fort Road.  He stated that the Council may want to direct the Town Manager to send an objection letter to CRMC identifying these informational-type discrepancies.  He noted that the Council does not object to the dredging project, but only to the proper identification of One Fort Road.

 

Motion by Councilor Cordio, Seconded by Councilor Overton, that the Council direct the Town Manager to object to the dredging application and the dredging project because Fort Road right-of-way is not identified on the map.

 

     Discussion was held regarding the aforesaid motion which objects to the CRMC application as well to the dredging project.

 

     Town Solicitor Conley explained that an objection to the project itself is objecting to the dredging; however, an objection to the application is asking that the application not proceed on the basis that it fails to identify Fort Road right-of-way and, therefore, is an incomplete and inaccurate application.  He stated that the Town would be taking the position that the project not move forward until there is a complete and accurate application that properly identifies Fort Road in the narrative and on the maps.  

 

     Councilor Cordio withdrew her motion and Councilor Overton withdrew his second.

 

Motion by Councilor LaPietra, Seconded by Councilor Cordio, that the Town file an objection to the application of the Watch Hill Yacht Club for the dredging project based on an incomplete and inaccurate application; that the application is incomplete for its failure to identify the Fort Road right-of-way both in the narrative and on the maps; that it is the Town’s position that the Fort Road right-of-way should be identified in the narrative and on the maps; and that the dredging project not move forward until a complete and accurate application is on file with CRMC.  (So Vote 6 to 1 by poll vote – Councilor Lombardo dissented)

 

 

 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.     Harbor Management Commission – Discussed the Watch Hill Lighthouse property at is last meeting; drafted some non-binding recommendations for Council review regarding recreation, picnic tables and fishing, clear and defined focus on accessibility for the handicapped; Commission hopes that the Council will approve the letter and that the letter be mailed to the National Park Service or Government Services Agency  (Councilor Cordio)

 

     Council President Aiello directed that the aforesaid letter be placed on the next Town Council agenda.

 

2.     Affordable Housing Study Committee (Ad Hoc) – Meeting held last week and Committee decided to select Co-Chairs and eliminate a Vice Chair; the Committee’s secretary resigned, but hopefully the position will be filled at the next meeting  (Councilor LaPietra)

 

        b.     Town Council – 8/21/23

 

1.     Item #6 8/21/23 – From Statewide Planning Council – re: Notice of Public Hearing on Amendments to Rules and Standards – September 18, 2023 – Council President Aiello stated that the Town Manager indicated that Town staff was onboard with the proposed amendments. 

 

        c.     Town Manager – 8/21/23

 

1.     Item #4 8/21/23 – RI Mosquito Report from Rhode Island Department of Environmental Manager (RIDEM) – Announcing the first positive finding of West Nile Virus (WMV) in Rhode Island this year – Town Manager Lacey addressed DEM’s findings. 

 

        d.     Town Solicitor

 

1.     CRMC Right-of-Way Subcommittee – re: Spring Avenue Right-of-Way – Town Solicitor Conley reported that a status update from the parties on the Spring Avenue Right-of-Way is scheduled for 4:30 p.m. in Conference Room A at One Capitol Hill in Providence on Tuesday, August 22, 2023.  He explained that once these procedural matters are completed, the hearing on the merits will take place in Westerly at a fair and convenient forum.  He stated that the CRMC has asked the parties to work on a proposed schedule of dates for exchanging information and for identifying expert witnesses.  He reported that all of the parties have exchanged proposed statements of facts which will be reported to CRMC tomorrow. 

 

2.     Watch Hill Fire District and the Watch Hill Conservancy v. the Town of Westerly – At the request of the Council, Town Solicitor provided a status update on the aforesaid matter.  He reported that the Town filed its answer on July 27, 2023 that cited 16 possible defenses and 4 counterclaims and that RIDEM has filed its answer along with a counterclaim.  He stated that the Watch Hill Fire District’s answer to the Town’s counterclaims is due August 28, 2023 and that, once received, he will bring it before the Council for review. 

 

3.     RI DEM Maintenance Agreement and Misquamicut Bike Path Gates – Responding to Councilor Cordio, Town Solicitor Conley reported that he reviewed the aforesaid agreement and the recommendations from the Harbor Management Commission.  He stated that he also followed up with the Town Manager regarding other issues in the agreement, including liability and indemnification language.  He stated that he prepared a redlined copy of the agreement that includes comprehensive changes that he will review with the Town Manger and then bring before the Council.

 

        e.     Town Clerk

 

        None

 

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

 

1.     Affordable Housing Study Committee (Ad Hoc) – Councilor Lowther stated that the Committee would like to present its initial findings at the next Town Council meeting. 

 

2.     Letter from Habitat regarding the Fee in Lieu of Construction Funds – Responding to Councilor Cordio as to the status of the funds, Town Manager Lacey stated that the Planning Board is currently reviewing the use of those funds, but noted 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 that will be considered.

 

        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.     Danielle Beliveau, 19 Grove Ave – re: Encouraged senior Councilors to consider providing mentorship or guidance to junior Councilors as to how the Council should conduct itself professionally and how to address each other respectfully

 

COUNCILORS’ RESPONSE

 

        None

 

 

11.   POSSIBLE EXECUTIVE SESSION

 

Motion by Ms. Scialabba, 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)(5) Land Acquisition; §42-46-5(a)(5) §42-46-5(a)(2) Litigation – Roger Hall v. Town of Westerly C.A. No.: WC-2017-0109.  (So Voted 6 to 1 by poll vote – Councilor LaPietra dissented)

 

7:01 P.M.  EXECUTIVE SESSION

 

     The purpose of this Executive Session was to discuss Land Acquisition and Litigation.

 

*                    *                    *                    *                    *

 

7:36 P.M.  So Voted to adjourn and seal the minutes of this Executive Session. (

 

7:39 P.M.  Reconvened Open Session

 

Executive Session Report:

 

     Council President Aiello announced that the Council discussed Land Acquisition and that no votes were taken; under Litigation, the matter of Roger Hall v. Town of Westerly and that a vote* was taken; and that the Council voted unanimously to seal the Executive Session minutes.

 

*Pursuant to RIGL § 42-46-4, “…a vote taken in executive session need not be disclosed for the period of time during which its disclosure would jeopardize any strategy, negotiation or investigation undertaken pursuant to discussions conducted under § 42-46-5(a).” 

 

 

12.   ADJOURNMENT

 

        7:40 P.M.  Voted Unanimously to adjourn.

 

 

 

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