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| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | FEBRUARY 27, 2023 | 5:30 P.M. |
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1. 5:37 P.M. CALL TO ORDER
Present: Pres. Morrone, Vice Pres. Lowther
Councilors Cordio, LaPietra, Scialabba
T. Mgr. Lacey, T. Sol. Conley
Co. Clk. LeBlanc, T. Sgt. Falcone
Absent: Councilor Overton
Councilor Aiello (arrived 5:41 pm)
INVOCATION – Councilor Scialabba
SALUTE TO THE FLAG – Council President Morrone
2. RECOGNITIONS, AWARDS & MEMORIALS
None
Council President Morrone addressed Item 6(b) at this time.
3. PRESENTATIONS
a. Meeting With Local Legislators – Senator Victoria Gu, Representative Samuel A. Azzinaro, Representative Brian P. Kennedy and Representative Tina L. Spears – Discussion and Possible Action
Present: Senator Victoria Gu
Representative Samuel A. Azzinaro
Representative Brian P. Kennedy
Representative Tina L. Spears
Each legislator addressed issues of concern, including affordable housing and the 10% goal required by each community, short-term rentals, shoreline access, open government with regards to the continuance of remote participation, the timeline and process to introduce new legislation, the house and senate committees, a reduction in federal funds, possible increase in State Aid, regional transportation funding, and increased cost estimates for wastewater treatment plant upgrades.
Discussion was held regarding affordable housing and how the Town can help better shape the proposed legislation, proposed legislation broadening the Access to Public Records Act (APRA), the Bradford Industrial Park, and the 2018 Town Council Resolution (#17/18-130) which is attached hereto and made part of the record of these proceedings requesting the State to install sidewalks on the northside of Church Street and to pave Route 216 from Church Street and Ross Hill Road.
b. Tower Street School – Update – Thomas Liguori, Jr., Esq. – Discussion and Possible Action
Present: Thomas Liguori, Jr., Esq., representing the Royce Family Fund
Nicholas Moore, Esq., representing the Royce Family Fund
Attorney Liguori stated that, in December 2021, the Town entered into a lease with the Royce Family Fund with an option to purchase the Tower Street School building and property that included an agreement to provide a communitywide assessment of the possible future uses of the property and an evaluation of the feasibility of said uses. He reported on the community-wide assessment, noting that several needs were identified as paramount including low- and moderate-income housing, workforce development and jobs, social services, and youth and family services. He stated that the Tower Street building and site could be utilized to support some of these identified community needs. He addressed utilizing some of the property for affordable housing and whether the Town would empower its Housing Authority to become the developer and owner of affordable housing at the site. He stated that the site has availability of public water and sewer. He addressed possible tax incentives and the current zoning requirement for 20% affordable housing. He reported that Dakota Properties has indicated an interest in a portion of the Tower Street School property to build 72 one- two- and three-bedroom units with 75% affordable housing and 25% at market rate. He addressed the need for access to health care, particularly behavioral health, stating that the Royce Family Fund has been in discussion with Wood River Health Services regarding services that could be offered. He read aloud and presented letters of interest from Alison Croke, President and CEO of Wood River Health Services, supporting affordable accessible health coverage, from Shannon Gilkey, Commissioner of Higher Post-Secondary Education, RI Office of Postsecondary Education, supporting job training, and from the Mystic Aquarium supporting its mentoring initiative. He addressed the technical evaluation of the building, reporting that it revealed the property requires substantial work. He reported on the ongoing efforts to secure federal and state funding. He stated that two of the federal requests require that the Royce Family Fund guarantee that 30% of the cost would be supported through fundraising and/or would contribute as the match. He addressed the two congressional appropriations, one to fund the operation of an expanded Westerly Education Center and the other intended for rehabilitation and/or a rebuild of the Tower Street School facility. He stated that other identifiable areas in the study include childcare and recreation, noting that the YMCA is a willing partner in those services. He stated that the hope is to have a comprehensive recommendation by the end of this calendar year.
Discussion was held regarding other potential options for housing on the site; engagement with Electric Boat on this project for expanding job training; Wood River Health Services at this location to address behavioral health issues; the amount of space other than the gymnasium dedicated for youth and adult recreation; a request for an RFP for affordable housing; and the need for indoor/outdoor recreation space and possibly partnering with the Town on the recreation portion of the project.
c. Planning Board 2021/2022 Annual Report – Justin Hopkins, Planning Board Chairman – Discussion and Possible Action
Present: Justin Hopkins, Chair, Planning Board
Nancy Letendre, Town Planner
Alyse Oziolor, Principal Planner
Mr. Hopkins addressed the two-page summary of the Planning Board’s 2021/2022 Annual Report, which is attached hereto and made part of the record of these proceedings. He stated that there is currently one vacancy on the Planning Board. He reported on highlights, including hybrid meetings during COVID, development of the project status report, Comprehensive Community Plan implementation, Zoning Ordinance amendments, Route One Corridor Plan and public engagement, and the Downtown Stormwater and Revitalization Project. He stated that the Planning Board holds two regular meetings per month on the first and third Wednesdays and a special meeting on the first Tuesday each month. He stated that applications are heard at the Planning Boards’ regular meetings and that Town business is discussed at the special meetings. He addressed the summary of projects by the Board which included a total of 60 applications and 8 Town Council advisory opinions. He reported on the 2023/2024 outlook that includes implementation of Zoning Ordinance revisions, environmental regulations, Route One Corridor Strategic Plan, Housing Plan, and building relationships.
Discussion was held regarding a request that the Council be provided with a presentation on Comprehensive Permits by the Planning Board and proposed housing legislation.
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. Jean Gagnier, 6 Narragansett Ave – re: Land Use and Affordable Housing; encouraged Council to review Town of Hopkinton Letter regarding Affordable Housing; SHAG hearings; entered into the record information from Fred Sculco; re: Council presentations – Council should consider limiting presentations
b. James Tarbox, 52 Riverview Ave – re: Rights-of-Way; sand trail and Everett Avenue right-of-way – encouraged Council to send to CRMC for State designation; re: Watch Hill Yacht Club Dredging Project – no reference to Fort Road right-of-way – encourage CRMC to re-open comment period
c. Dr. Catie Alves, Save the Bay, 8 Broad St – re: Hazard Mitigation & Flood Management Plan – commended Town for making great progress with 2018 Hazard Mitigation & Flood Management Plan; Save the Bay will continue to support Westerly
d. Benjamin Weber, 3 Blossom Ct – re: Rights-of-Way – support for a vote of Everett Avenue right-of-way and sand trail to CRMC for State designation; re: Opposition to the Watch Hill Yacht Club Dredging Project – encourage CRMC to re-open comment period; re: Council Rules of Procedure which allows two Councilors to request an agenda item
e. James Yosco, 12 Lima Dr – re: Potter Hill Dam; Wild and Scenic Rivers Act – Pawcatuck River classified as a wild and scenic river
f. Anthony Palazzollo, Jr., 285 Pendleton Hill Rd, North Stonington – re: Submitted two thumb drives containing information on Watch Hill Yacht Club Dredging Project and Everett Avenue right-of-way – asked that the information be entered into the record of this meeting; re: Everett Avenue – asked that Everett Avenue right-of-way be sent to CRMC for designation as a State right-of-way; re: Watch Hill Yacht Club Dredging Project – asked that the Town send a letter to CRMC asking that the comment period be re-opened; because there is no reference of Fort Road right-of-way; re: APRA Requests re Fort Road right-of-way
g. Tim Ward, 42 River Rd, Ashaway – re: Potter Hill Dam – not in favor or removing dam; re: Westerly side of Potter Hill Bridge – plagued with horrific graffiti and asked that it be removed
h. Brian Tarpey, 15 Hiscox Rd – re: Potter Hill Dam – extended invitation to take Councilors on a tour of Pawcatuck River; prior Council voted not to remove dam so that water levels would be maintained; PARE Meeting – encouraged that at least one Councilor attended the evening meeting
i. Lorren Kleinkauf, 61 Bowling Ln – re: Potter Hill Dam – concern expressed for private wells; concerns for public safety and property values in addition to fish passage
COUNCILORS’ RESPONSE
Councilors responded to Citizens’ Comments regarding the public’s passion for fresh and salt waters, natural resources and rights-of-way, the Potter Hill dam, and affordable housing legislation.
Town Manager Lacey addressed the Potter Hill Mill, stating that he hosted a meeting last Wednesday with all funding agencies regarding the Potter Hill project with the hope of determining what types of funding opportunities are still available to the Town and moving forward with the Potter Hill Mill project. He stated that the funding agencies are aware of the outcome of the prior Council. He stated that the purpose of the meeting was to see if there was any compromise for fish passage, condition of the dam, and flood resiliency. He stated that reports will be provided to the Town Council regarding funding opportunities, if any. He stated that the Town owns the mill and the dam, and it is the Town’s responsibility moving forward.
Council President Morrone stated that a presentation will be scheduled on the Potter Hill Dam.
8:20 P.M. 5-MINUTE RECESS
8:32 P.M. RECONVENED
5. CONSENT CALENDAR
a. Approval of Minutes
Regular – 1/23/23
Motion by Ms. Cordio, Seconded by Mr. Aiello, that the aforesaid minutes be accepted and approved as printed. (Voted Unanimously)
b. Fiscal Matters
Motion by Mr. Aiello, Seconded by Mr. LaPietra, that the following resolutions be adopted. (Voted Unanimously)
1. 22/23-44 Resolution Authorizing Deletion To Tax Rolls ($319.10)
2. 22/23-45 Resolution Authorizing The Waiver Of Penalty For Late Payments ($1,142.08)
Councilor Aiello requested that 5(b)(3) be moved to New Business for discussion.
3. 22/23-47 Resolution Authorizing Change Order 1 To The Contract For 2022 Town-Wide Sidewalk Improvements Project (J.H. Lynch and Sons – not to exceed $258,840.48)
c. Appointments and Resignations
1. Appointments:
a. Economic Development Commission
Councilor Lowther nominated James Kane for appointment to the Economic Development Commission.
Councilor Lowther nominated Barbara Ann Jaye for appointment as an alternate member to the Board of Canvassers.
Councilor Lowther nominated Austin R. Cilley for appointment to the Board of Recreation.
A vote was taken on the nomination of Austin R. Cilley of 23 Grove Avenue, Apt. 2 for appointment to the Board of Recreation to fill the unexpired term of Jono Seltzer, term expiring April 2028, and the nomination carried. (Voted Unanimously)
d. Zoning Board
Councilor Lowther nominated Lori M. Moore for appointment as 2nd Alternate Member to the Zoning Board.
Councilor Lowther nominated Benjamin A. Weber for appointment to the Conservation Commission.
A vote was taken on the nomination of Benjamin A. Weber of 3 Blossom Court for appointment to the Conservation Commission to fill the unexpired term of Stanley Dezjot, term expiring July 2024, and the nomination carried. (Voted Unanimously)
Councilor Lowther nominated David Angelo Giorno for appointment to the Planning Board.
A vote was taken on the nomination of David Angelo Giorno of 73 Ledward Avenue for appointment to the Planning Board to fill the unexpired term of Kevin J. Lowther, II, term expiring August 2026, and the nomination carried. (Voted Unanimously)
Councilor Lowther nominated Ernest Zmyslinski for appointment to the Board of Assessment Review.
A vote was taken on the nomination of Ernest Zmyslinski of 3 Branch Street for appointment to the Board of Assessment Review to fill the unexpired term of Cornelius B. Collins, term expiring December 2024, and the nomination carried. (Voted Unanimously)
h. Wood-Pawcatuck Wild and Scenic Rivers Stewardship Council (Westerly Representative)
Councilor Lowther nominated Dr. Richard Andrew Smith for appointment as the Westerly Representative to the Wood-Pawcatuck Wild and Scenic Rivers Stewardship Council.
A vote was taken on the nomination of Dr. Richard Andrew Smith of 29 Wildflower Drive for appointment as the Westerly Representative to the Wood-Pawcatuck Wild and Scenic Rivers Stewardship Council to fill the vacancy created by the resignation of Jon F. Ericson for an indefinite term and the nomination carried. (Voted Unanimously)
i. Advisory Charter Revision Commission (Ad Hoc)
Councilor Lowther nominated John D. Armstrong, Mark Berardo, Jean Leo Gagnier, Lorren Kleinkauf, Christopher Lowler, Hatsy H. Moore, Thomas Allen Nall, Michael Thomas Niemeyer and Edward W. St. Clair for appointment to the Ad Hoc Advisory Charter Revision Commission.
A vote was taken on the following nominations of for appointment to the Ad Hoc Advisory Charter Revision Commission and the nominations carried. (Voted Unanimously)
John D. Armstrong, 24 Spruce Street
Mark Berardo, 131 Woody Hill Road, Bradford
Jean Leo Gagnier, 6 Narragansett Avenue
Lorren Kleinkauf, 61 Bowling Lane, Bradford
Christopher Lowler, 8 Bucks Trail
Hatsy H. Moore, 32 Yosemite Valley Road
Thomas Allen Nall, 65 East Avenue
Michael Thomas Niemeyer, 8 Babcock Road
Edward W. St. Clair, 28 Champlin Drive
Responding to Councilor Aiello questions regarding the Advisory Charter Revision Commission, Town Solicitor Conley stated that the current language of the Commission does not allow for the appointment of an alternate member, that appointments are made without reference to any party affiliation, and that the Town Solicitor and Town Council President serve as Ex-Officio members, not the Town Manager.
Responding to Council President Morrone’s questions regarding recommendations put forth by the Advisory Charter Revision Commission relative to content and placement on a ballot, Town Solicitor Conley stated that he will review the legal advisory presented by a former Town Solicitor and will provide the Council with a full legal briefing on the issue.
It was suggested that meetings of the Advisory Charter Revision Commission be live-streamed on the Town’s website.
6. PUBLIC HEARINGS (Adv. on 10/10/22 and 2/20/23 for this time)
a. Town Of Westerly, RI 2023 Hazard Mitigation & Flood Management Plan (HM&FMP)
1. 22/23-46 Resolution Adopting The 2023 Town Of Westerly Hazard Mitigation & Flood Management Plan (HM&FMP) – Discussion and Possible Action
Present: Kim Jacobs, Civil Engineer and Resilience Planning Consultant
Nancy Letendre, Town Planner
Alyse Ozioler, Principal Planner
Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the public hearing be opened. (Voted Unanimously)
Ms. Jacobs gave a PowerPoint presentation on the 2023 Hazard Mitigation & Flood Management Plan which is attached hereto and made part of the record of these proceedings. She stated that, in the five-year update, the plan was expanded to include more focus on Flood Management because the Town is a Community Rating System program community. She explained a Hazard Mitigation Plan and the reasons why the Town creates a plan, how the plan was prepared, how public outreach and engagement was conducted, what hazards are included in the Plan, who is at risk, and how the Town mitigates these hazards. She addressed the Town of Westerly 2023-2028 Action Plan and gave examples of types of actions. She explained how the plan is implemented. She stated that changes to the plan include background information on the Potter Hill Dam, modification to the section on onsite water systems, and strengthening of Section 4. She explained the action plan chart, using Action 2023-4.1-D – Collaborate with other influencers on the restoration of the barrier beaches and Salt Pond shoreline access to safeguard both natural and economic value as an example, and addressed its lead and support, cost and funding source, timeframe and kickoff, priority ranking and CRS activity, action category, hazard addressed, and reference.
No one appeared in favor or in opposition.
Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the public hearing be closed. (Voted Unanimously)
Motion by Mr. Aiello, Seconded by Ms. Cordio, that the aforesaid resolution be adopted. (Voted Unanimously)
Town Solicitor Conley explained that the 2023 Hazard Mitigation & Flood Management Plan is presented to RIEMA and FEMA and that any changes made to the plan will become part of the Towns plan.
b. Proposed Ordinance – “An Ordinance Authorizing The Transfer Of Funds To Support Westerly Public Schools Field Funding, Contingent On Funding From Other Sources” (Unassigned Fund Balance Account – Not to Exceed $500,000.00)
(Public Hearing continued from 10/24/22)
Present: Ed Haik, Chair, Board of Finance
Andrew Dyjak, 167 Pound Hill Rd, Salem CT, Representing FieldTurf
Correspondence received in opposition from:
Diana Carpinone, President, Non-Toxic Communities, received 11/15/2022
Philo F. Willietts, Jr., MD, received 10/17/2022
Council President Morrone explained that the aforesaid proposed ordinance requires a re-advertisement notice at least seven days prior to a hearing which did not occur; therefore, the public hearing will be postponed and the proposed ordinance will be re-advertised for a public hearing on March 20, 2023.
Motion by Mr. LaPietra, Seconded by Mr. Lowther, that the aforesaid proposed ordinance be ordered advertised for public hearing on March 20, 2023. (So Voted 5 to 2 – Councilors Overton and Aiello absent)
7. NEW BUSINESS
a. Everett Avenue Right-Of-Way (ROW) – Discussion and Possible Action
Councilor Cordio requested that Town Solicitor Conley, on behalf of the Town Council, send a letter to CRMC asking that Everett Avenue, which has been acknowledged as a Town right-of-way, be designated as a State right-of-way.
Discussion was held regarding the draft resolution prepared by Councilor Cordio.
Town Solicitor Conley was directed to prepare a resolution for the March 6, 2023 Council meeting in support of CRMC designating Everett Avenue as a State right-of-way.
b. Resolution Of The Westerly Town Council Urging Rejection Of Changes To The Rhode Island Enabling Act As Proposed By The Rhode Island House Of Representatives Land Use Commission Dated November 10, 2022 – Discussion and Possible Action
Discussion was held whether the Town should consider the aforesaid resolution or a proactive letter before legislation is proposed.
It was the consensus of the majority of the Council that the aforesaid resolution be placed on the March 6, 2023 Council meeting agenda for consideration. (Councilors Scialabba and Lowther and Council President Morrone dissented; Councilor Overton absent)
c. Watch Hill Yacht Club Dredging Project – CRMC Application File No. 2022-11-010, dated January 18, 2023 – Discussion and Possible Action
Discussion was held regarding CRMC’s application process and a suggestion that the Town ask that the public comment period be re-opened because the Watch Hill Yacht Club Dredging Project application does not include mention of the Town’s right-of-way on Fort Road; the dredging project which cannot commence before October 15, 2023; the need for dredging of the bay to eliminate flooding of the parking lot and Bay Street; and a request that the Town Solicitor or Town Manager provide the Council with an analysis of the Fort Road right-of-way at the next meeting.
Town Manager Lacey stated that he was of the understanding that CRMC is going to reopen the public comment period for another thirty days because the Watch Hill Yacht Club has submitted further mapping of the water. He stated that he can provide confirmation of this in writing.
Town Solicitor Conley requested additional time to prepare an analysis of the Fort Road right-of-way, stating that he can provide the information at the March 20, 2022 Council meeting and will secure a title attorney to provide information of marketable title as part of the analysis.
d. 22/23-47 Resolution Authorizing Change Order 1 To The Contract For 2022 Town-Wide Sidewalk Improvements Project (J.H. Lynch and Sons – not to exceed $258,840.48)
Town Manager Lacey distributed and reviewed a spreadsheet of the sidewalk improvements project using funds from the 2021 $9,000,000 road bond. He explained that two additional sections of sidewalks were not included on the original sidewalk plan, being Wells Street and Plimpton Road. He stated that sidewalks will be extended on Wells Street at an estimated cost of $137,783.27 and on Plimpton Road at an estimated cost of $121,057.21 for a total change order of $258,840.48 with J.H. Lynch and Sons. He explained that a company was hired several years ago to conduct a complete assessment of all sidewalks and roads in the Town and rated all sidewalks in need of repair based on severity.
Councilor Aiello requested that the Council be provided with a copy of the sidewalk plan. He stated that Wells Street is eligible for grant monies through the State Transportation Improvement Program (TIP), and he wants to ensure that the Town exhausts all possible grant funding.
Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the aforesaid resolution be adopted. (Voted Unanimously)
8. UNFINISHED BUSINESS
Motion by Mr. Aiello, Seconded by Mr. LaPietra, that the following items, #a, #b and #c, be moved to the March 6, 2023 Council meeting. (Voted Unanimously)
a. Establishing An Ad Hoc Affordable Housing Study Committee – Discussion and Possible Action
(Tabled from 2/13/23)
b. Establishing An Ad Hoc Westerly Marina Study Committee – Discussion and Possible Action
(Tabled from 2/13/23)
c. Establishing An Ad Hoc Bradford Community Center Study Committee – Discussion and Possible Action
(Tabled from 2/13/23)
Council President Morrone agreed to Councilor Aiello’s request that the draft resolution he prepared for the establishment of the Ad Hoc Bradford Community Center Study Committee be included in next week’s meeting.
10:00 P.M. Motion by Mr. Aiello, Seconded by Ms. Cordio, to waive Rule #9(a) and extend the 10:00 p.m. curfew. (Voted Unanimously)
Motion by Mr. Aiello, Seconded by Mr. LaPietra, that the following Communications and Reports be tabled to the March 6, 2023 Council Meeting. (Voted Unanimously)
9. COMMUNICATIONS & REPORTS
a. Liaison Reports
b. Town Council – 2/27/23, 2/13/23
c. Town Manager – 2/27/23, 2/13/23
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.
a. Jean Gagnier, 6 Narragansett Ave – re: Watch Hill Yacht Club Dredging Project and Fort Road right-of-way; re: Possible Land Use Legislation; re: Affordable Housing
b. Anthony Palazzollo, Jr., 265 Pendleton Hill Rd, North Stonington, CT – re: Fort Road right-of-way
c. Benjamin Weber, 3 Blossom Ct – re: New Business Items – no opposition; the agenda states “discussion and possible action” yet no action taken
COUNCILORS’ RESPONSE
Councilors responded to Citizens’ Comments regarding inconsistences of Council actions on agenda items, Watch Hill Yacht Club Dredging Project application regarding comment period, and Fort Road right-of-way.
11. POSSIBLE EXECUTIVE SESSION
Motion by Ms. Scialabba, 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 – LeBlanc v. Town of Westerly, WC-2019-0404 and §42-46-5(a)(5) Lease of Real Property – WBLQ Lease (Voted Unanimously by Poll Vote)
10:28 P.M. EXECUTIVE SESSION
The purpose of this Executive Session was to discuss Litigation and Lease of Real Property.
* * * * *
10:43 P.M. Voted Unanimously to adjourn and seal the minutes of this Executive Session.
10:46 P.M. Reconvened Open Session.
Executive Session Report
Council President Morrone announced that the Council discussed under, Litigation, the matter of LeBlanc v. Town of Westerly and, under Lease of Real Property, the matter of the WBLQ Lease and that the Council voted 6 to 0 to execute the lease.
Motion by Ms. Scialabba, Seconded by
12. ADJOURNMENT
10:47 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.