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REVISED 1/8/24
| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | DECEMBER 18, 2023 | 5:30 P.M. |
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1. 5:35 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. Congratulations – Westerly Senior Youth Football Team, Southern New England Youth Football Senior Super Bowl Champions
Coach Vacca, President of Pee Wee Football, along with members of the football team, were present to accept the aforesaid resolution, read aloud by Councilor LaPietra.
5:40 P.M. 20-MINUTE RECESS
6:00 P.M. RECONVENED
3. PRESENTATIONS
a. Westerly Affordable Housing Study Committee (Ad Hoc) - Discussion
Present: Affordable Housing Study Committee (Ad Hoc) members: Theodore Lee Rice, Co-Chair; Nicholas Scola, Co-Chair; Alexandra Healy; Diane Goldsmith
Mr. Rice and Mr. Scola gave a PowerPoint presentation regarding Westerly Affordable Housing, which is attached hereto and made a part of the record of these proceedings. Mr. Rice addressed the current housing situation, stating that the affordable housing situation is dire; the State’s commitment to reaching the 10% affordable housing goal; the Town’s historical affordable housing performance; four development options [for-profit, non-profit, public and accessory dwelling unit (ADU)]; build strategy; limitations; common goal of turning NIMBY to YIMBY; the win-win benefit; and the need for the Town Council’s commitment toward affordable housing.
Mr. Rice and Mr. Scola addressed questions from the Council regarding the percentage of the homeless population in Westerly; the capacity of the wastewater treatment plant with ongoing development; the State’s 10% affordable housing mandate; housing developments in Pawcatuck, Connecticut and its effect on the Town’s water system, and the use of grey water; negotiations with builders for affordable housing; the sewer district and rental units; possible grants for affordable housing; the possible assistance of the Westerly Housing Authority; and the exorbitant cost to upgrade the wastewater treatment plant.
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. Kimberly Doescher, Bradford – re: Opposed to proposed amendments to Town Council Rules of Procedure regarding Citizens’ Comments
Council President Aiello stated that citizens’ comments need to be respectful, and that the Council would maintain order. He ruled that citizens need to conduct themselves in an orderly and respectful fashion and that accusations will not be tolerated.
Motion by Mr. Lombardo, Seconded by Mr. Lowther, to appeal from the decision of the chair.
Councilor President Aiello stated that the decision of the chair is appealed. He stated that the chair’s ruling is that citizens need to conduct themselves in an orderly and respectful fashion and that accusations will not be tolerated.
Councilor Lombardo stated, for the record, that the Council President stated that citizens need to be decent and respectful.
A poll vote was taken on the motion as follows and the motion failed: (Voted 3 to 3 – Councilor Cordio abstained)
YES NO
Scialabba LaPietra
Lowther Overton
Lombardo Aiello
Cordio – abstained
b. Mark Doescher, Bradford – re: Opposed to proposed amendments to Town Council Rules of Procedure regarding Citizens’ Comments
c. Robert J. Chiaradio, Jr., 86B Quannacut Rd – re: Various issues he has brought forth to the Town Council and School Committee but never addressed by either board; opposed to proposed amendments to Town Council Rules of Procedure regarding Citizens’ Comments
d. Vincent Kubicsko, High St – re: Need for Affordable Housing
e. Diane Macera, 12 Robin Way – re: Habitat for Humanity proposed affordable housing project in Robin Hills – need to consider impacts on neighborhood
f. Darren Delaney, 4 Hunters Crossing Dr, Coventry, RI – re: Cannabis Retail Sales – hired as a consultant to review security plan – submitted a copy of his résumé
g. William Nardone, Esq., 42 Granite St – re: Proposed Cannabis Retail Sales draft ordinances; suggested permitted uses in HC, GC, LI and GI districts
h. Fred Sculco, 117 Avondale Rd – re: Proposed Cannabis Retail Sales; re: Affordable Housing; re: Wastewater Treatment Plant
i. Ellen Kane, 76 Winnapaug Rd – re: Opposed to proposed amendments to Town Council Rules of Procedure regarding Citizens’ Comments
j. Alexander Healy, 101 Bowling Ln – re: Need for Affordable Housing
Motion by Mr. LaPietra, Seconded by Mr. Overton, to allow Mr. Sculco to correct for the record a misstatement made under Citizens’ Comments by Alexander Healy. (So Voted 6 to 1 – Councilor Lowther opposed)
k. Fred Sculco, 117 Avondale Rd – re: Corrected the record, stating that in 1972, his income was $6,400, not $64,000, as incorrectly stated by a citizen under Citizens’ Comments
COUNCILORS’ RESPONSE
The Council responded to Citizens’ Comments regarding proposed amendments to Council Rules of Procedure; proposed amendments to Citizens’ Comments, specifically the second Citizens' Comments; proposed Cannabis Retail Sales Ordinance; affordable housing; social justice; Anti-Racism Coalition (ARC); Save Spaces; First Amendment Rights; preparation of agenda; allegations made against Council LaPietra; comments made by citizens under Citizens’ Comments; Town Charter § 2-1-8; and Robert’s Rules of Order.
Councilor Scialabba expressed concern that she is the only council member who is not being contacted or able to get information from the Council President and that her emails, telephone calls, and texts go unanswered. She stated that it took the Council President four months to place any of her suggestions on an agenda and that the Council President does not want to communicate with her, so he has other Councilors call her on his behalf. She stated that she is one of seven Council members; that she has a duty to her constituents that voted for her to speak on their behalf; and that, because of this bad behavior, she is not able to serve the community properly. She stated that the entire Council is aware of what is happening yet no one has done anything to help. She stated that she wants the public to know that her first amendment rights and theirs are being violated.
5. CONSENT CALENDAR
a. Approval of Minutes
Regular – 11/20/23, 12/4/23
Special – 12/11/23
Executive – 11/6/23 (Sealed), 11/20/23 (Sealed)
Motion by
b. Fiscal Matters
Motion by Mr. Overton, Seconded by Ms. Cordio, that the following resolutions be adopted. (So Voted 6 to 0 – Councilor Scialabba absent)
1. 23/24-41 Resolution Authorizing Deletion To Tax Rolls ($6,494.46)
2. 23/24-42 Resolution Authorizing The Addition To The Pro-Rated Tax Roll ($43,375.59)
3. 23/24-43 Resolution Authorizing The Waiver Of Penalty For Late Payments ($2,171.42)
c. Resignations and Appointments
1. Resignation:
a. Tabitha (Harkin) Wilson, Planning Board
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 Ms. Wilson. (So Voted 6 to 0 – Councilor Scialabba absent)
2. Appointments:
Councilor Lowther nominated Christopher Lawlor for appointment to the Planning Board.
A vote was taken on the nomination of Christopher Lawlor of 8 Bucks Trail for appointment to the Planning Board, to fill the unexpired term of David Angelo Giorno, term expiring August 2026, and the nomination carried. (So Voted 6 to 0 – Councilor Scialabba absent)
Councilor Overton nominated Jean L. Gagnier for appointment to the Planning Board. Councilor Overton withdrew his nomination.
Councilor Lowther nominated Stephen Wall for re-appointment to the Board of Assessment Review.
A vote was taken on the nomination of Stephen Wall of 24 Potter Hill Road for re-appointment to the Board of Assessment Review, term expiring December 2026, and the nomination carried. (So Voted 5 to 0 – Councilors Scialabba and Lombardo absent)
Councilor Lowther nominated James J. Federico for re-appointment to the Municipal Land Trust.
A vote was taken on the nomination of James J. Federico of 10 Stone Hill Drive for re-appointment to the Municipal Land Trust, term expiring December 2028, and the nomination carried. (So Voted 5 to 0 – Councilors Scialabba and Lombardo absent)
6. PUBLIC HEARINGS
a. RI DEM Wastewater Treatment Facility Plan Update/Jacobs Project Management Company - Discussion and Possible Action
Present: Andrea Braga, Principal Engineer, Jacobs
Edwin Castillo, Jacobs
Town Manager Lacey explained that no action is needed by the Town Council. He stated that the Town hired Jacobs to address RIDEM’s requirement for the Wastewater Facilities Plan Update and that this hearing is required to finalize the plan update.
Ms. Braga read aloud the following statement: “The Town of Westerly entered into a Consent Agreement (No. RIA435) with the Rhode Island Department of Environmental Management in December 2021. The Consent Agreement is related to new permit conditions for the Town’s existing wastewater treatment facility (WWFT) located on 87 Margin Street. In response to the Consent Agreement, the Town prepared a Facility Plan Update (FPU) which addresses the WWTF improvements needed to meet the permit conditions for lower nutrient limits in the plant’ effluent, total nitrogen less than 5.0 mg/L at permitted flow of 3.3 MGD. The Town’s Consultant (Jacobs) originally presented the FPU at a Public Meeting at the Town Hall on August 25, 2022. Since then, minor updates to the plan have been made. The revised FPU has been available for review since December 11, 2023, in hard copy at the Planning Department, Westerly Town Hall. As part of the requirements needed to finalize the FPU, the Town is holding this Public Hearing to hear and record the comments from the members of the community on the FPU. You are now invited to make any comments on the Westerly Facilities Plan Update.”
Participants: Fred Sculco, 117 Avondale Rd; Nicholas Scola, 189 Watch Hill Rd
Town Solicitor Conley addressed environmental impact statements, stating that they are typically required by Environmental Protection Agency regulations that are managed by the Department of Environmental Management and applied under those standards.
The Council directed Town Solicitor Conley to research the regulatory authority for cities and towns on environmental impact statements.
7. NEW BUSINESS
a. Petition from Narragansett Electric and Verizon New England, Inc. for Joint Pole Location on Avondale Road (WR# 30578529) – Discussion and Possible Action
Town Manager Lacey stated that the petitions for pole locations will now be processed administratively, and no action will be required by the Town Council.
b. Rules Of Procedure To Govern 2022-2024 Town Council – Discussion and Possible Action
1. Memorandum From William J. Conley Jr., Esq., Town Solicitor – Re: Council Rules of Procedure 11 – Public Comment
Motion by Mr. LaPietra, Seconded by Mr. Overton, that the aforesaid Rules of Procedure to Govern 2022-2024 Town Council be adopted.
Councilor Lowther, on a point of order, questioned if the Council would be voting on the Rules of Procedure since this is the first time it is being presented. He felt that it would be appropriate for the Council to review the Rules of Procedure and seek a consensus of approval or disapproval on items. He stated that it is his preference to discuss the Rules of Procedure tonight and then vote at a different meeting.
Councilor Cordio, on a point of order, stated that there is a motion on the floor to adopt the Rules of Procedure and sought clarification on the Council’s actions tonight.
Councilor LaPietra withdrew his motion and Mr. Overton withdrew his second.
Motion by Ms. Scialabba, Seconded by Mr. Lombardo, that the aforesaid Rules of Procedure to Govern 2022-2024 Town Council be tabled.
Town Solicitor Conley explained the difference between a motion to table versus a motion to postpone/continue to a date specific.
Councilor Scialabba withdrew her motion and Councilor Lombardo withdrew his second.
Motion by Ms. Scialabba, Seconded by Mr. Lowther, that the Rules of Procedure to Govern 2022-2204 Town Council be continued to the January 22, 2024 meeting. A poll vote was taken as follows and the motion carried: (So Voted 4 to 3 – Councilors LaPietra and Overton and Council President Aiello dissented)
YES NO
Scialabba LaPietra
Cordio Overton
Lowther Aiello
Lombardo
Motion by Mr. Overton, Seconded by Mr. Lowther, that the following proposed ordinances be ordered advertised for public hearing on January 8, 2024. (Voted Unanimously)
c. Proposed Ordinance – “An Ordinance Transferring Funds From General Fund Unreserved Fund Balance And Transfer Station Enterprise Fund Unreserved Fund Balance For Prior Year Unpaid Bills In Accordance With Article 3-1-7 (d) Of The Westerly Town Charter”
(Order Adv. for Public Hearing on 1/8/2024)
d. Proposed Ordinance – “An Ordinance Transferring Funds From School General Fund Unreserved Fund Balance, Fund 1010 For Prior Year Unpaid Bills In Accordance With Article 3-1-7 (d) Of The Westerly Town Charter”
(Order Adv. for Public Hearing on 1/8/2024)
e. Proposed Ordinance – “An Ordinance Transferring Funds From General Fund Unreserved Fund Balance For Capital And Restricted Appropriation Prior Year Deficits In Accordance With Article 3-1-7 (d) Of The Westerly Town Charter”
(Order Adv. for Public Hearing on 1/8/2024)
8. UNFINISHED BUSINESS
a. 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
a. Draft 1
b. Draft 2
c. Draft 3
e. Dossier on Cannabis History and Information
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
Present: Julissa Arce, member of Law Office of William J. Conley, Jr.
Willaim A. Nardone, Esq., 42 Granite St
Town Solicitor Conley explained that the Council can tonight, or at a future date, refer any, several, or all three draft ordinances, or a hybrid ordinance to the Planning Board for review and recommendation. He stated that, after the Planning Board’s review, a recommendation will be made to the Town Council at which time the Council will have the opportunity to make changes it feels are warranted. He noted that the three draft ordinances presented are the best attempt to provide the Council with the different options it discussed. He stated that this is the very first step in a public vetting process.
Discussion was held regarding the retail sales of cannabis being a permitted use in the HC, GC, GI and LI zones and to follow the same restrictions for liquor/package stores.
Attorney Nardone discussed the proposed location of the former Wendy’s fast-food establishment as a possible site for cannabis retail sales. He explained the regulatory requirements and security for the operation of the business.
Motion by Mr. Overton, Seconded by Mr. Lowther, to waive the 10:00 p.m. curfew to complete this matter. (So Voted 5 to 0 – Councilors LaPietra and Lombardo absent)
Ms. Arce addressed draft 1 and the zones in which cannabis retail sales would be a permitted use in the DC-2, HC, GC, AP-Z and WPZ zones and a use by special use permit in GI and LI zones and the 200-foot automatic owner-objector provision which mirrors Class A licenses.
It was the consensus of the Council that the aforesaid matter be moved to the January 8, 2024 meeting.
The following Communications and Reports were continued to the January 8, 2024 meeting:
9. COMMUNICATIONS & REPORTS
a. Liaison Reports
b. Town Council – 12/4/23, 12/18/23
c. Town Manager – 12/4/23, 12/18/23
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
Motion by Mr. Overton, Seconded by Ms. Cordio, to extend the 10:00 p.m. curfew 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. (So Voted 4 to 2 by poll vote – Councilors Scialabba and Lowther dissented; Councilor Lombardo recused himself due to a possible conflict of interest being a attorney-client relationship)
10:17 P.M. EXECUTIVE SESSION
The purpose of this Executive Session was to discuss Land Acquisition.
* * * * *
10:28 P.M. So Voted 5 to 0 to adjourn and seal the minutes of this Executive Session. (Councilors Lombardo and Overton absent)
10:30 P.M. Reconvened Open Session. (Councilors Lombardo and Overton absent)
Executive Session Report
Council President Aiello announced that the Council discussed Land Acquisition 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
10:31 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.