1.     5:36 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

 

        Absent:    T. Sol. Conley (arrived 5:48 p.m.)

 

 

 2.    Potter Hill Mill Site – Discussion Only

a.     Potter Hill Dam Study/Alternatives

        1.     Presentation/Update

 

Present:   Nils Wiberg, Water Resource Engineer, Fuss & O’Neill, Inc.

                 Dean Audet, Fuss & O’Neill, Inc.

 

     Mr. Wiberg gave a PowerPoint presentation regarding the Pawcatuck River Restoration and the Potter Mill Site Improvements, which is attached hereto and made a part of the record of these proceedings.  He stated that this project is about shared community goals and addressed Potter Mill and RIDEM sites access improvements, park and public access conceptual design, what was heard at the November and December public forums, the dam condition which is poor and worsening, risks due to dam failure, 2022 dam assessment findings and recommendations, why a decision and action is needed, Pawcatuck River restoration alternatives assessment, Alternative A (formerly Alternative 1), Alternative B (formerly Alternative 2), Alternatives C and D (additional alternatives), Alternative E (formerly Alternative 4), Alternative F, Alternative G1, Alternative G2, Alternative H1 (formerly Alternative 3), Alternative H2 (formerly Alternative 3), and a summary of river restoration alternative. 

 

     Discussion was held regarding the need to find a range in this project between keeping the water level at a height for the public’s enjoyment and  addressing flood risk mitigation and fish passage, the head pond height from Alternative G to Alternative H, flood resiliency and impacts to the downstream urban district, lowering of the water level and its effect on adjacent property owners’ wells, low hazard potential, scope of work and value of Fuss & O’Neill contracts, grant monies, condition of the dam, well replacement, the selection of three alternatives by the Town Council, an option of leaving the dam as is, possible repair of dam in its current state, the difference between a riffle pool and step pool systems, and possible use of repair plans from other dams located above the Potter Hill Dam (Alternative H).

 

        2.     Correspondence

 

    Council President Aiello entered into the record correspondence received from the following individuals which is attached hereto and made of the record of these proceedings:  The Westerly Land Trust, Hopkinton Town Council Vice President Scott Bill Hirst, Peter Pinkhover, Peter Ogle, Dora Vasquez-Hellner, Save the Bay, New England Chapter of Backcountry Hunters and Anglers (BHA), Rhode Island Chapter of Trout Unlimited (TU225); Harvey Perry and Thomas Nall

 

a.   Letter from John Brown, Narragansett Indian Tribe Historic Preservation Office to Melanie Gange, Marine Resources Specialist, NOAA Restoration Center, NOAA Fisheries

b.   Resolution Of The Town of Hopkinton In Support Of Maintaining The Water Level Of The Pawcatuck River

c.   Letter from Jamie Fosburgh, Acting Manager, Northeast Region Rivers Program, United States Department of the Interior, National Park Service to Michael J. Elliott, US Army Corps of Engineers, Regulatory Division

d.   Letter from Pete Ogle to The Westerly Town Council

 

        3.     Citizens’ Comments (five minutes per speaker maximum)

 

     Participants:  Nicholas Carr, 14 Boy Scout Dr; James Yasco, 12 Lima Dr; James Riggs, 73 Potter Hill Rd; Hopkinton Town Council Vice Scott Bill Hirst; Peter Ogle, 18 Kettle Close; Susan Rosen, 9 River Rd, Ashaway; Carl Rosen, 9 River Rd, Ashaway; Caroline Duksta, 14 Chase Hill Rd, Ashaway; James Duksta, 14 Chase Hill Rd, Ashaway; Brian Tarpey, 15 Hiscox Rd; Nicholas J. Stahl, 55 Elm St, President of Westerly Land Trust; Todd Rana, 73 Narragansett Way, Ashaway; Dr. Catherine Alves, Ph.D.,  South County Coastkeeper, Save the Bay; Saundra Tefft, 18 Chase Hill Rd, Ashaway; Kenneth Taylor, 18 Chase Hill Rd; Hopkinton Town Council President Michael Geary; Peter Pickhover, 2 Lima Dr; Charles Holland, 13 Robin Way; Sara Perry, 12 Margin St; Kevin Job, East Haddam, CT

 

        4.     Council Dialogue

 

     Mr. Wiberg responded to questions from the Council regarding water levels and flood resiliency, the two-dimensional study; PFOS testing; the level of detail regarding three selected alternatives; level of work performed by Fuss & O’Neill prior to the former Council terminating the previous contract; Fuss & O’Neill’s recommendation; and the need for maintenance costs.

 

 

3.     POSSIBLE EXECUTIVE SESSION

 

Motion by Mr. Overton, 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 – Brayman, et al v. Town of Westerly – C.A. No.: WC- 2016-0334; 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; §42-46-5(a)(2) Litigation – Nunes, Alex v. Town of Westerly (APRA 11.22.23) and §42-46-5(a)(2) Possible Litigation – So-called Lighthouse Road. 

 

     Councilor Lombardo expressed concern that the subject matter of the possible litigation matter was not properly listed.  He felt that it was not enough of a statement to define the nature of business to be discussed. 

 

Motion by Mr. Overton, Seconded by Ms. Cordio, that the motion be amended 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 – Brayman, et al v. Town of Westerly – C.A. No.: WC- 2016-0334; 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; and §42-46-5(a)(2) Litigation – Nunes, Alex v. Town of Westerly (APRA 11.22.23).  (Voted Unanimously by poll vote) 

 

Motion by Mr. Overton, 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) Possible Litigation – So-called Lighthouse Road.

 

     Responding to Councilor Lombardo’s concern, Town Solicitor Conley explained that “possible litigation” is permissible under the Open Meetings Act.  He explained the standard that is applied to litigation, stating that, if the subject matter is generally known to the public, the Town is required to identify the subject matter under possible litigation.  He stated that possible litigation is used when there is no known pending litigation and when he would be presenting possible litigation that may or could result in litigation.  He explained that the term “Lighthouse Road” is referencing the public discussions that have been taking place in front of the Council where the road leading to the lighthouse has been referred to as Lighthouse Road.  He felt it was the most recognizable vernacular reference to the roadway. 

 

A poll vote was taken on the motion and the motion carried.  (So Voted 7 to 0 by poll vote)

 

8:35 P.M.  EXECUTIVE SESSION

 

     The purpose of this Executive Session was to discuss Litigation.

 

*                    *                    *                    *                    *

 

10:21 P.M.  Voted Unanimously to adjourn and seal the minutes of this Executive Session. 

 

        10:24 P.M.  Reconvened Open Session.

 

Executive Session Report

 

     Council President Aiello announced that the Council, under Litigation, discussed the matter of Brayman, et al v. Town of Westerly and that a vote* was taken; the matter related to MDL No. 2873, ongoing national litigation involving Per/Polyfluoroalkyl substances, and discussion and/or action on related and developing settlement negotiations and that a unanimous vote* was taken for the Town to enter into the litigation as a plaintiff; the matter of Nunes, Alex v. Town of Westerly and that no vote was taken; the matter of So-called Lighthouse Road and that no 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).” 

 

 

4.     ADJOURNMENT

 

        10:25 P.M.  Voted Unanimously to adjourn.

 

 

 

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