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| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
| | | |
| MONDAY | DECEMBER 4, 2023 | 5:30 P.M. |
William J. Aiello, President; Philip M. Overton, Vice President
Councilors Kevin J. Lowther, II, Joy L. Cordio, Dylan J. LaPietra,
Mary E. Scialabba, Robert L. Lombardo
Shawn Lacey, Town Manager; Law Firm of William J. Conley, Jr., Town Solicitor
Mary L. LeBlanc, MMC, Town Clerk; Patrick J. Falcone, Town Sergeant
Livestream: https://westerlyri.gov/TownCouncilLive
Live Broadcast: PEG RI-TV Channel 18 (Cox) or Channel 29 (Verizon)
Written public comment can be submitted prior to the meeting by emailing mleblanc@westerlyri.gov.
All comments must be received no later than 12:00 noon on the day of the meeting in order to be entered into the record of the meeting.
INVOCATION – Councilor Scialabba
SALUTE TO THE FLAG – Council President Aiello
2. RECOGNITIONS, AWARDS & MEMORIALS 
a. Condolence – Rita Deane
3. PRESENTATIONS
None
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.
5. CONSENT CALENDAR (all items are considered routine and can be approved by one motion; however, if discussion is necessary on any item, it can be moved to “New Business”) 
a. Approval of Minutes
None
b. Fiscal Matters
1. Resolution Authorizing The Waiver Of Penalty For Late Payments ($953.37)
2. Resolution Authorizing The Waiver Of Penalty For Late Payments ($1,990.68)
3. Resolution Authorizing Payment To The Law Office Of Cameron & Mittleman LLP (Litigation matters - $11,590.08)
c. Resignations and Appointments
1. Resignation:
a. Scott Clairmont, Public Works Committee
b. Derek Lombard, Ad Hoc Affordable Housing Study Committee
2. Appointment:
a. Sophie R. Long, Ad Hoc Former Bradford School Site Study Committee – Confirm Appointment
6. PUBLIC HEARINGS
None
7. NEW BUSINESS
a. Petition from Narragansett Electric and Verizon New England, Inc. for New Pole Locations on Hiscox Road (WR# 30765063) – Discussion and Possible Action 
b. Ground Lease Agreement By And Between Town of Westerly, Rhode Island, and Tower Street Center, Inc. – Discussion and Possible Action 
1. Tower Street Center - Bylaws
2. Tower Street Center – Articles of Incorporation
c. Resolution Authorizing The Town Manager To Enter Into A Contract With Sustainable Energy Advantage, LLC For The Review Of The Westerly Transfer Station Solar Farm Proposals – Discussion and Possible Action
d. Resolution Confirming Town Council Support For Commuter Rail And Infrastructure Improvements At The Westerly Train Station – Discussion and Possible Action
e. Proposed Ordinances – Re: Cannabis Retail Sales – Discussion and Possible Action
1. Proposed Ordinance – “An Ordinance In Amendment Of Part II Of The Town Of Westerly Code Of Ordinances Entitled, “General Legislation” Chapter 260 Entitled “Zoning” Article XI Entitled “Development Standards For Particular Uses” And Attachment 11 Entitled “Zoning District Use Tables” To Permit Cannabis Retail Sales.
2. Proposed Ordinance - “An Ordinance In Amendment Of Part II Of The Town Of Westerly Code Of Ordinances Entitled, “General Legislation” Chapter 68 Entitled “Alcoholic Beverages” To Include Cannabis.
3. Proposed Ordinance - “An Ordinance In Amendment Of Part II Of The Town Of Westerly Code Of Ordinances Entitled, “General Legislation” Chapter 179 Entitled “Parks And Public Areas” To Address Alcohol And Drug Use.
8. UNFINISHED BUSINESS
a. Resolution - South County Habitat For Humanity Affordable Housing Project - Request For Waiver Of Comprehensive Permit And Building Permit Fees – Discussion and Possible Action 
b. Resolution Authorizing The Town To Submit Two Applications Under The RI Department Of Environmental Management Outdoor Recreation Grant Program – Discussion and Possible Action
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
b. Town Council – 12/4/23
c. Town Manager – 12/4/23
d. Town Solicitor
e. Town Clerk
f. Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)
g. Requests of Town Manager by Councilors
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.
COUNCILORS’ RESPONSE
11. POSSIBLE EXECUTIVE SESSION
The Council may vote 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:
a) §42-46-5(a)(2) Litigation – Brayman, et al v. Town of Westerly – C.A. No.: WC- 2016-0334
b) Pursuant to RIGL 42-46-5(a)(2) - Litigation - Discussion and/or action related to MDL No. 2873, ongoing national litigation involving Per/Polyfluoroalkyl substances, and discussion and/or action on related and developing settlement negotiations.
42-46-6(b) “…Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.
INDIVIDUALS REQUESTING INTERPRETER SERVICES FOR THE HEARING IMPAIRED MUST CALL 348-2505 IN ADVANCE OF THE HEARING DATE.
The Town Council agenda and supporting documents can be accessed on the Town of Westerly website at www.westerlyri.gov.
POSITIONS AVAILABLE ON THE FOLLOWING BOARDS:
(Applications can be obtained on the Town of Westerly’s website www.westerlyri.gov
and submitted to the Office of Town Clerk)
ECONOMIC DEVELOPMENT COMMISSION (FULL MEMBER)
ECONOMIC DEVELOPMENT COMMISSION (ALTERNATE MEMBER)
ARCHITECTURAL REVIEW BOARD (2nd AUXILIARY MEMBER)
BOARD OF ASSESSMENT REVIEW (AUXILIARY MEMBER)
JUVENILE HEARING BOARD (FULL MEMBER)
PLANNING BOARD (FULL MEMBER)
PUBLIC WORKS COMMITTEE (ALTERNATE MEMBER)
BOARD OF FINANCE (FULL MEMBER)
CONCERTS ON THE BEACH COMMITTEE (FULL MEMBER)
COASTAL RESOURCES MANAGEMENT COUNCIL (ALTERNATE MEMBER)