1.     5:34 P.M.  CALL TO ORDER

 

Present:   Pres. Aiello, Vice Pres. Overton

                 Councilors Lowther, Cordio, LaPietra, Scialabba, Lombardo

                 T. Mgr. Lacey, T. Sol. Conley

                 Co. Clk. LeBlanc, T. Sgt. Falcone

 

INVOCATION – Councilor Scialabba

 

SALUTE TO THE FLAG – Council President Aiello

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

a.     Condolence – Rita Deane

 

     No one was present to accept the aforesaid resolution, read aloud by Councilor Scialabba.

 

 

 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.     Zell Steever, 81 Main St, Groton, CT – re: Urged Council to support resolution for commuter rail and infrastructure Improvements at the Westerly Train Station

 

b.     Alex Berardo, 131 Woody Hill Rd, West Bay Coordinator for the RI Association for Railroad Passengers – re:  Support for commuter rail and infrastructure Improvements at the Westerly Train Station

 

c.     Brian Macera, 12 Robin Way – re: Asked Council to table Habitat for Humanity’s request for waiver of building and comprehensive permit fees until actual plan is presented; opposed to proposed affordable housing project in Robin Hills

 

d.     Colin Penney, 1555 Shannock Rd, Charlestown, RI – re: Support for Habitat for Humanity’s proposed affordable housing project in Robin Hills; asked Council to approve Habitat for Humanity’s request for waiver of building and comprehensive permit fees

 

e.     Charles Holland, 13 Robin Way – re: Opposed to Habitat for Humanity’s request for waiver of building and comprehensive permit fees until actual plan is presented

 

f.     Theordore Rice, 22 Cross St – re: Affordable Housing; the need for more affordable housing

 

g.     Diane Macera, 12 Robin Way – re: Concerned with the proposed Habitat for Humanity’s affordable housing project in Robin Hills; approved for 11 homes and 22 units is too many

 

h.     Christina Werner, 44 Robin Hollow Ln – re: Concerned with the proposed Habitat for Humanity’s affordable housing project in Robin Hills; approved for 11 homes and 22 units is too many

 

i.      David Healy, 11 Castle Way – re: Concerned with the proposed Habitat for Humanity’s affordable housing project in Robin Hills; approved for 11 homes and 22 units is too many

 

j.      Cheryle Santoro, 14 Robin Way – re: Concerned with the proposed Habitat for Humanity’s affordable housing project in Robin Hills; approved for 11 homes and 22 units is too many

 

k.     Gina T. Fuller, 19 Moriah Dr – re: Supports Habitat for Humanity’s affordable housing project in Robin Hills; asked Council to approve Habitat for Humanity’s request for waiver of building and comprehensive permit fees; re: stormwater runoff; re: Town’s Comprehensive Plan and actions items; re: Tower Street Center

 

l.      Daniela Vallana, 304 Post Rd – re: Concerned with the proposed Habitat for Humanity’s affordable housing project in Robin Hills; opposed to Habitat for Humanity’s request for waiver of building and comprehensive permit fees

 

m.   Alex Healy, 101 Bowling Ln – re: Supports more affordable housing projects in Westerly and Habitat for Humanity’s affordable housing project

 

n.     William Nardone, Esq., 42 Granite St – re: Proposed Cannabis Retail Sales Ordinance – asked that retail sales be a permitted use in HC and GC zones, as well as LI and GI zones, and preferably not by special use; opposed to language that building used for sale of cannabis must be located 200-feet from premise of any residential dwelling

 

o.     Douglas Brockway, 32 Chestnut St – re: Former St. Pius School housing project – Elm Street Cares Group’s active proposal to reduce the size of the project

 

COUNCILORS’ RESPONSE

 

     The Council responded to Citizens’ Comments regarding the proposed cannabis retail sales ordinance and the proposed language about 200-foot rule; Habitat for Humanity’s affordable housing project in Robin Hills and a request for waiver of building permit and comprehensive permit fees; commuter rail and infrastructure Improvements at the Westerly Train Station; Tower Street Center ground lease and special purpose entity (SPE); the State’s 10% affordable housing mandate; and new legislation affecting zoning ordinances which take effect January 1, 2024.

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes

 

None

 

        b.     Fiscal Matters

 

Motion by Mr. LaPietra, Seconded by Ms. Cordio, that the following resolutions be adopted.  (So Voted 6 to 0 – Councilor Overton recused)

 

     Councilor Overton recused himself due to a possible conflict of interest because he has a business relationship with close relatives of Joseph Pellegrino and Pamela Salimeno, individuals listed in the resolutions.

 

1.     23/24-35 Resolution Authorizing The Waiver Of Penalty For Late Payments ($953.37)

 

2.     23/24-36 Resolution Authorizing The Waiver Of Penalty For Late Payments ($1,990.68)

 

Motion by Ms. Scialabba, Seconded by Mr. Lowther, that the following resolution be adopted.  (Voted Unanimously)

 

3.     23/24-37 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

 

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

 

b.     Derek Lombard, Ad Hoc Affordable Housing Study Committee

 

Motion by Mr. Overton, 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. Lombard.  (Voted Unanimously)

 

2.     Appointment:

        a.     Sophie R. Long, Ad Hoc Former Bradford School Site Study Committee – Confirm Appointment

 

     Councilor Lowther sought confirmation of the appointment of Sophie R. Long to the Ad Hoc Former Bradford School Site Study Committee.  He stated that he spoke with the applicant who verified the contents of her application and that she confirmed that she wants to be a member of the ad hoc committee. 

 

     Councilor Scialabba stated, for the record, that, when Sophie R. Long applied for appointment to the Ad Hoc Former Bradford School Site Study Committee, her application was wrong because she was underage and the information on the application was incorrect.  She stated that she is now of legal age, and she should just re-apply with an new application. 

 

     Town Solicitor Conley stated that Ms. Long is now the age of majority; that her appointment can be re-confirmed; and that she has confirmed to the chair of the committee that she does want to participate on the committee.  He felt that her confirmation of her application on file would not require her to submit a new application. 

 

Motion by Mr. LaPietra, Seconded by Ms. Cordio, to confirm appointment of Sophie R. Long of 6 Laudone Drive, Bradford 02808 for appointment to the Ad Hoc Former Bradford School Site Study Committee for an indefinite term, and the nomination carried.  (So Voted 5 to 2 – Councilors Scialabba and Lombardo dissented)

 

 

 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

 

Motion by Mr. Overton, Seconded by Mr. LaPietra, that the aforesaid petition be granted.  (Voted Unanimously)

 

     Town Manager Lacey was directed to research as to whether the petitions from Narragansett Electric and Verizon New England could be done administratively and not have to come before the Council.

 

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

 

Present:   Nicholas Moore, Esq., representing Royce Family Fund, Inc.

                 Thomas Liguori, Esq., representing Royce Family Fund, Inc.

                 Mary Nash Rusher, Esq., Managing Partner, Mcquire Woods, LLP, Raleigh, NC

                 Sergio Cherenzia, P.E., President, Cherenzia & Associates, Ltd.

 

     Attorney Rusher provided an update of what has taken place since the group met with the Council on October 23, 2023, when discussion was held on two bullet point term sheets of the proposed organization of the Special Purpose Entity (SPE) and the terms of ground lease.  She stated that the Council instructed the Town Solicitor to discuss with the group the terms of the ground lease, noting that it has gone through several drafts.  She addressed the SPE and the changes made to the board of directors, which would now consist of seven directors, including the Town Manager, Superintendent of School, two members appointed by Wood River and three at-large members elected by the remaining directors of the board with staggered terms.  She stated that, in conversations with the Post Secondary Commissioner, it was preferred to have its relationship with the SPE captured in its sublease.  She reported that the other change in the makeup of the SPE involved a super majority for significant votes, which would now require a three-fourths vote and would require six members for decisions.   She addressed the ground lease.

 

     Discussion was held regarding a request that the qualification of one of the at-large board members represent the Town’s Recreation Board and concerns for the Westerly Education Center (WEC) relinquishing two board member seats.

 

7:26 P.M.  5-MINUTE RECESS

 

7:41 P.M.  RECONVENED

 

     Discussion was held regarding prepaid rents from grants and day-to-day costs; possible tax credit for the Town to put towards rent based on the value of the property; the Town’s project cost; potential full service pharmacy; the Town Solicitor’s review of the ground lease; the attachment to the ground lease regarding metes and bounds description of the lease property; the by-laws regarding non-profit tenants, the anchor tenants, and the appointment of at-large directors by Wood River Health Services who shall serve at the pleasure of the anchor tenants; waiver of permit fees or in-kind services; water and sewer right-of-entry fees; commitment of anchor tenants; permitted use of a “community center”; and election of three at-large directors. 

 

     Attorney Rusher addressed the lease space premises, which included the removal of the parcel of land currently housing the basketball and tennis courts from the ground lease as requested by the Town Council and open space areas.

 

     It was the consensus of the Council that the at-large directors remain as written. 

 

Motion by Mr. LaPietra, that the parcel of land currently housing the basketball and tennis courts not be cleaved out of the ground lease.  There was no second.

 

Motion by Mr. Lombardo, Seconded by Ms. Scialabba, that the Town Manager be authorized to sign the ground lease. 

 

     Council President Aiello stated that the motion is out of order. 

 

Motion by Mr. Lowther, Seconded by Mr. Lombardo, that Rule #9(d) of the Rules of Procedure to Govern the Town Council which states that “any matter of new business, which has been considered favorably by the Council, will be moved to the following meeting for consideration” be suspended in order to vote on the matter tonight.  A poll vote was taken as follows and the motion carried:  (So voted 5 to 2 – Council LaPietra and Council President Aiello dissented; Council President Aiello stated that he felt it would be better public service, for something of this magnitude, to move the matter to the next meeting for consideration.)

 

                                                YES                                          NO

 

                                               Scialabba                                LaPietra

                                               Cordio                                     Aiello

                                               Overton

                                               Lowther

                                               Lombardo

 

Motion by Mr. Overton, Seconded by Mr. Lowther, that the Town Manger be authorized to sign the ground lease.  A poll vote was taken as follows and the motion carried:  (So Voted 6 to 1 – Councilor Aiello dissented)

 

                                                YES                                          NO

 

                                               Scialabba                                Aiello

                                               Cordio

                                               LaPietra

                                               Overton

                                               Lowther

                                               Lombardo

 

Motion by Mr. Overton, Seconded by Mr. Lowther, that the Town Manger be authorized to sign the by-laws.  A poll vote was taken as follows and the motion carried:  (So Voted 6 to 1 – Councilor Aiello dissented)

 

                                                YES                                          NO

 

                                               Scialabba                                Aiello

                                               Cordio

                                               LaPietra

                                               Overton

                                               Lowther

                                               Lombardo

 

Motion by Mr. Overton, Seconded by Mr. Lowther, that the Town Manger be authorized to sign the by articles of incorporation.  A poll vote was taken as follows and the motion carried:  (So Voted 6 to 1 – Councilor Aiello dissented)

 

                                                YES                                          NO

 

                                               Scialabba                                Aiello

                                               Cordio

                                               LaPietra

                                               Overton

                                               Lowther

                                               Lombardo

 

c.     23/24-38 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

 

Motion by Mr. LaPietra, Seconded by Mr. Overton, that Rule #9(d) of the Rules of Procedure to Govern the Town Council which states that “any matter of new business, which has been considered favorably by the Council, will be moved to the following meeting for consideration” be suspended to consider the aforesaid petition.  (Voted Unanimously)

 

Motion by Mr. LaPietra, Seconded by Mr. Overton, that the aforesaid resolution be adopted.  (Voted Unanimously)

 

d.     23/24-39 Resolution Confirming Town Council Support For Commuter Rail And Infrastructure Improvements At The Westerly Train Station – Discussion and Possible Action

 

Motion by Mr. LaPietra, Seconded by Ms. Cordio, that Rule #9(d) of the Rules of Procedure to Govern the Town Council which states that “any matter of new business, which has been considered favorably by the Council, will be moved to the following meeting for consideration” be suspended to consider the aforesaid petition.  (Voted Unanimously)

 

     Council President Aiello requested that the language in the resolution be changed from Congressman Seth Magaziner to US Representative Seth Magaziner.

 

Motion by Mr. LaPietra, Seconded by Mr. Lombardo, that the aforesaid resolution be adopted.  (Voted Unanimously)

 

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.

 

     Town Solicitor Conley explained the three aforesaid proposed ordinances.  He stated that the proposed zoning ordinance amendment for cannabis retail sales is similar to restrictions regarding the location of a liquor licensed establishment but also includes language that would require that a building or a portion of a building used for the sale of cannabis must be located at least 200 feet from the premises of any residential dwelling.  He stated that the social host ordinance was amended to prohibit cannabis being given to minors and that the parks and public areas ordinance was amended to prohibit the use or sale of cannabis products in all parks, playgrounds and recreational centers owned by the Town.  He explained that, as of January 1, 2024, there will be changes in the special use permit procedures for every municipality and the Town’s special use permit ordinance will have to incorporate objective standards.  He stated that he will provide information to the Council regarding the objective standards regarding liquor licensed establishments. 

 

     Discussion was held regarding a suggestion that the language requiring a building or portion of a building used for the sale of cannabis be located 500 feet from the premises of any public, private or parochial school or any place of worship be changed to 200 feet similar to the restrictions for liquor licensed establishments; that the proposed ordinance presented is less restrictive than previously discussed and that a special use permit should be required for the sale of cannabis; that the commercial zones are the appropriate zones for the sale of cannabis as well as industrial zones through a special use permit; the number of cannabis retail sale licenses to be permitted in Washington County; and that the sale of cannabis could be a permitted use in the DC2, HC, GC, APZ and WPZ zones similar to that of liquor/package stores.

 

     Town Manager Lacey addressed the sale of cannabis from a public safety point of view.  At the request of Council President Aiello, he stated that he will provide the Council with a copy of the zoning map to show the zoning districts where the possible sale of cannabis is being considered. 

 

Motion by Mr. LaPietra, Seconded by Ms. Cordio, that the aforesaid ordinances be placed on the December 18, 2023 agenda for further discussion and additional information.  (Voted Unanimously)

 

 

 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

 

     Council President Aiello stated that the Council was provided with a revised resolution which is attached hereto and made a part of the record of these proceedings. 

 

Motion by Ms. Cordio, Seconded by Mr. Lowther, that the aforesaid resolution, as originally presented without the amended language, be adopted. 

 

Motion by Mr. Lowther, that the aforesaid resolution, as originally presented without the amended language, be tabled. 

 

     Based on the Town Solicitor’s explanation of the difference between a motion to table and a motion to continue to a specific date, Councilor Lowther withdrew his motion. 

 

Motion by Mr. Lowther, Seconded by Ms. Scialabba, that the aforesaid resolution as originally presented without the amended language, be continued to the February 12, 2024 meeting. 

 

     Town Solicitor stated that the aforesaid motion is out of order because the Council has to either act on the main motion or withdraw the main motion.

 

A poll vote was taken as follows on the main motion and the motion failed:  (Voted 3 to 4 – Councilors LaPietra, Overton, Lombardo and Council President Aiello dissented)

 

                                               YES                                         No

 

                                               Scialabba                                LaPietra

                                               Cordio                                     Overton

                                               Lowther                                   Lombardo

                                                                                               Aiello

 

Motion by Ms. Scialabba, Seconded by Mr. Overton, to waive the 10:00 p.m. curfew and continue with the meeting.  A poll vote was taken as follows and the motion failed.  (Voted 3 to 4 – Councilor Cordio absent; Councilors LaPietra, Overton, Lowther and Lombardo dissented)

 

                                         YES                                         NO

 

                                       Scialabba                                LaPietra

                                       Aiello                                       Overton

                                                                                       Lowther

                                                                                       Lombardo

Cordio - absent

 

b.     23/24-40 Resolution Authorizing The Town To Submit Two Applications Under The RI Department Of Environmental Management Outdoor Recreation Grant Program – Discussion and Possible Action

 

Motion by Mr. Lombardo, Seconded by Mr. LaPietra, that the aforesaid resolution be adopted.  (Voted Unanimously)

 

     President Aiello directed that the following matters be continued to the December 11, 2023 Special Meeting.   

 

 

 9.    COMMUNICATIONS & REPORTS

 

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. 

 

 

12.   ADJOURNMENT

 

        9:58 P.M.  Voted Unanimously to adjourn.

 

 

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