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CORRECTED MINUTES
| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | JANUARY 9, 2023 | 5:30 P.M. |
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1. 5:30 P.M. CALL TO ORDER
Present: Pres. Morrone
Councilors Overton, Aiello, Cordio, LaPietra, Scialabba
T. Mgr. Lacey, T. Sol. D. Garcia
Co. Clk. LeBlanc, T. Sgt. Falcone
Absent: Vice President Lowther
INVOCATION – Council President Morrone
SALUTE TO THE FLAG – Council President Morrone
2. RECOGNITIONS, AWARDS & MEMORIALS
a. Appreciation – Joseph E. Olean, Board of Canvassers
Mr. Joseph E. Olean was present to accept the commendation, read aloud by Councilor Overton.
b. Congratulations – Samuel DeBartolo, Retirement
Ms. Samuel DeBartolo was present to accept the commendation, read aloud by Councilor LaPietra.
3. PRESENTATIONS
a. Sewer Treatment Plant – Update – Jacobs Engineering – Discussion and Possible Action
Present: Andrea Braga, Jacobs
Adam Federau, Wastewater Treatment Plant Manager, Jacobs
John Tobia, Jacobs
Ms. Braga gave a PowerPoint presentation regarding the Town’s wastewater treatment plan which is attached hereto and made part of the record of these proceedings. She reported on design flow and average flow of the wastewater per day, noting that the treatment plant services 16,000 customers. She explained the RIPDES (RI Pollutant Discharge Elimination System) Permit, noting that the most recent permit was issued in 2021. She addressed Permit Compliance – Effluent Limits and Consent Order Agreement requirements, stating that the Town submitted a Wastewater Facilities Plan update by the required date of September 30, 2022 and now awaits DEM approval. She stated that, upon DEM approval, there is a twelve-month period to submit application for design and construction of the facility improvements, along with a schedule to complete construction of the facility upgrade of not more than twenty-four months; She addressed the Wastewater Facilities Plan Update, the Comprehensive Community Plan’s Influence on the Facilities Plan and the 20-year sewer service extension.
Mr. Tobia, who will be managing the proposed upgrade design, presented an overview of the upgrades needed on the Wastewater Treatment facilities and project cost summary for the updates, noting that the planning level cost estimate is $46.8 million. He stated that the flood protection berm would increase the planning estimate. He explained the progressive design-build delivery to meet the Town’s goals and the anticipated project delivery timeline.
Discussion was held regarding concerns with the cost estimate of $46.8 million for the plant upgrades, impacts to the plant due to possible flooding; construction bids; construction timeline; nitrogen limits; supply chain delays that could impact the 24-month build period. Discussion was also held regarding the percentage of properties served by the treatment plant; sewer service extension; possible revenue bond to cover the cost of the upgrades; possible federal or state grants to assist with costs; review and evaluation of existing system for expansion; and treatment plant capacity.
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. The comments of citizens accessing this portion of our meeting are neither adopted nor endorsed by this body, but heard as requested. If the matter is scheduled for a public hearing, the comments shall be deferred to that agenda item.
None
COUNCILORS’ RESPONSE
None
5. CONSENT CALENDAR
a. Approval of Minutes
Council Workshop – 12/5/22
Regular – 12/12/22
Executive – 12/5/22 (Sealed)
Councilor Aiello stated that he voted against sealing the December 5, 2022 Executive Session and requested that the Council Workshop minutes and Executive Session minutes reflect same.
Motion made and duly Seconded, that the December 5, 2022 Council Workshop and December 5, 2022 Executive Session minutes be approved, as amended, and that the Executive Session minutes be sealed. (So Voted 6 to 0 – Councilor Lowther absent)
Motion made and duly Seconded, that the December 12, 2022 Regular Meeting Minutes be accepted and approved as presented. (So Voted 5 to 1 – Councilor Aiello dissented; Councilor Lowther absent)
b. Fiscal Matters
1. Resolution Confirming The Action Of The Town Manager To Procure A PROTF-55 Professional Single 55-Foot Outdoor Batting Tunnel For the Cimalore Sports Complex Softball Facility (Anthem Sports, LLC - $9,458.82)
Town Manager Lacey explained that funding was budgeted in a FY2019-2020 restricted account for two outdoor batting tunnels; however, upon further research, it was discovered that only one tunnel would fit on Cimalore Field. He stated that the project went out to bid on two occasions, but no bids were received. He further stated that the Town obtained three quotes and the lowest quote is $9,458.82, noting that the Town’s Purchasing Procurement requires any quote over $7,500 must go before the Council for approval.
Motion made and duly Seconded, that the aforesaid resolution be adopted. (So Voted 6 to 0 – Councilor Lowther absent)
c. Appointments and Resignations – None
1. Resignation:
a. Donna L. Spelman, Housing Authority
Motion by Mr. Overton, Seconded by Mr. Aiello, that the aforesaid resignation be accepted with regret and that the Council Clerk be directed to send a letter of appreciation to Ms. Spelman. (So Voted 6 to 0 – Councilor Lowther absent)
2. Appointments:
a. Economic Development Commission
Council Morrone nominated Ken Julian for appointment to the Economic Development Commission.
A vote was taken on the nomination of Ken Julian of 16 West Fairway Avenue for appointment to the Economic Development Commission to fill the unexpired term of Timothy S. McLaughlin, Jr., term expiring January 2026, and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
Council Morrone nominated George “Geb” Masterson, who currently serves as an Alternate Member, for full member to the Board of Canvassers.
A vote was taken on the nomination of George “Geb” Masterson of 26 East Hills Road for appointment as a full member to the Board of Canvassers to fill the unexpired term of Joseph E. Olean, term expiring March 2026, and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
Council Morrone nominated Dana M. Horton for re-appointment to the Board of Assessment Review.
A vote was taken on the nomination of Dana M. Horton of 4 Berry Drive for re-appointment to the Board of Assessment Review, term expiring December 2025, and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
Council Morrone nominated Jeffrey J. Walker for re-appointment to the Municipal Land Trust.
A vote was taken on the nomination of Jeffrey J. Walker of 33 Seabury Drive for re-appointment to the Municipal Land Trust, term expiring December 2027, and the nomination carried. (So Voted 6 to 0 – Councilor Lowther absent)
Council President Morrone explained that applications are kept on file for the term of the Council. He directed the Town Clerk to e-mail all applicants who submitted applications during the 2020-2022 Council term and inform them that they need to re-apply if they are still interested in serving on a board or commission.
e. Town Council Liaison Appointments
Council President Morrone made the following Town Council Liaison Appointments:
Appointments Subcommittee (Voting) (3 Councilors)
Councilor Kevin J. Lowther, II
Councilor Mary E. Scialabba
Ocean Community Chamber Of Commerce
Council President Edward P. Morrone
Concerts On The Beach (Voting) (2 Councilors)
Councilor Dylan J. LaPietra
Councilor Kevin J. Lowther, II
Councilor Philip M. Overton
Economic Development Committee
Councilor Mary E. Scialabba
Councilor Kevin J. Lowther, II
Municipal Land Trust
Councilor Philip M. Overton
Permanent Neighbor Day
vacant
Planning Board
Councilor Kevin J. Lowther, II
Public Works (Voting) (3 Councilors)
Councilor William J. Aiello
Councilor Joy L. Cordio
Councilor Dylan J. LaPietra
Recreation Board (1 Councilor)
Councilor William J. Aiello
Councilor Joy L. Cordio
School Building Committee (2 Councilors)
Councilor Philip M. Overton
Senior Citizens Center
Councilor Mary E. Scialabbe
Councilor Joy L. Cordio
Veterans’ Honor Roll Committee (Municipal/State Mandated) (1 Councilor)
Councilor Philip M. Overton
Westerly Public Library And Wilcox Park Association (Voting)
Councilor Mary E. Scialabba
Subcommittee re Christopher Columbus Statue
Councilor Philip M. Overton
Westerly Prevention And Wellness Partnership (Municipal/State Mandated)
Councilor Joy L. Cordio
Councilor Aiello requested that the Council President appoint a liaison for veterans, which is separate from the Veterans ‘Rolls of Honor’ Committee.
6. PUBLIC HEARINGS
None
7. NEW BUSINESS
a. Advisory Charter Revision Commission – Discussion
Council President Morrone announced that applications will be accepted for the nine-member Advisory Charter Revision Commission. He stated that interested individuals should submit an on-line application, which is available on the Town’s website, and that the deadline for applying is February 13, 2023. He stated that the Town Council President, Town Manager, and Town Solicitor serve as ex-officio members.
b. Resolution Of The Westerly Town Council Authorizing The Town Of Westerly To Enter Into A Contract With GEI Consultants In Accordance With RFP 23-10 For Consultant Services For Lake Management Plan Rebid And Allocating Up To $13,479 As Non-Federal Match For The Project – Discussion and Possible Action
Town Manager Lacey provided a memorandum that included a project timeline from Alyse Oziolor, Principal Planner, which provided clarification on the funding for the Chapman Pond Lake Management Plan which is attached hereto and made part of the record of these proceedings. He explained that the bid received was higher than the grant amount; therefore, the Town may need to contribute an additional $1,704 above the Town’s twenty-five percent match of $11,775.
Motion by Mr. Overton, Seconded by Mr. Aiello, that the aforesaid resolution be adopted. (So Voted 6 to 0 – Councilor Lowther absent)
c. Proposed Ordinance – “An Ordinance In Amendment Of Chapter 229 Of The Westerly Code Of Ordinances Entitled ‘Taxation’” (§229-2. Residence exemption for the elderly)
(Order Adv. for Public Hearing on 1/23/23)
Present: David Thompson, Town Assessor
Mr. Thompson explained that the elderly exemption ordinance is reviewed every year and, because the social security benefit will increase by 8.7% in 2023, he is proposing to raise the senior income levels by approximately 8% so that more seniors can utilize the program. He stated that, without changes to the income levels, many seniors will not fall into the categories. He stated that the Council was provided with a revised proposed ordinance tonight changing total “net” income and “net” rental income back to total “gross” income and “gross” rental income and he addressed same. He stated that the intent of the ordinance is to relieve the tax burden for seniors on limited incomes. Discussion followed.
Councilor LaPietra addressed the proposed amendment to “gross” income, suggesting that applicants with rental properties submit Schedule E and that the Tax Assessor’s Office add back in depreciation.
Motion by Mr. Aiello, Seconded by Mr. LaPietra, that the aforesaid proposed ordinance, as revised, be ordered advertised for public hearing on January 23, 2023 and that the Council be provided with information suggested by Councilor LaPietra at said hearing. (So Voted 5 to 1 – Councilor Overton dissented; Councilor Lowther absent)
8. UNFINISHED BUSINESS
None
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
None
b. Town Council – 1/9/23
c. Town Manager – 1/9/23
1. Rhode Island Airport Corporation (RIAC) – Town Manager Lacey stated that he provided the Council with a notice of a RIAC virtual public information session on Wednesday, January 18, 2023, at 12:00 p.m. regarding development updates on all state airports including the Westerly State Airport. He further stated that additional information has been provided in his Town Manager’s Report.
2. Route One Corridor – Council President Morrone stated that the Council was provided with a packet from the Economic Development Commission containing a resolution and supporting documents regarding the Route One Corridor to allow the Council the opportunity to review the material prior to it being discussed at the next Council meeting.
d. Town Solicitor
e. Town Clerk
f. Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)
1. Former Bradford Dye Association (BDA) Lagoons – Town Manager Lacey stated Attorney John Dorsey, Special Master for the BDA site, responded back to his email of December 12, 2022 stating that he will go back to the court to check on the status for any action or authorization of cleanup or covering of the lagoons. He stated that he sent a second e-mail to Attorney Dorsey on January 4, 2023 seeking an update but has not yet received a response.
2. Sand Trail – Councilor LaPietra reported that the Town of Charlestown is going to prepare a resolution to send to CRMC regarding the Sand Trail, and he asked if the Council could also send a resolution to CRMC, similar to the one recently adopted regarding Spring Avenue.
Town Manager Lacey stated that the Town Solicitor could draft the resolution for Council consideration.
3. Everett Avenue – Councilor Cordio requested that the Council discuss Everett Avenue at a future Council meeting to consider sending a resolution to CRMC seeking a State right-of-way designation.
4. Solar Fields at Landfill – Council President Morrone stated that he would like the Council to consider exploring the placement of a solar field at the now-closed Westerly landfill.
5. New Well Sites – Council President Morrone stated that the Town should consider future well sites due to climate change and possible droughts.
6. Dune Resilience on Atlantic Avenue – Council President Morrone reported that eight to ten dunes along Atlantic Avenue were breached during the last storm. He stated that the dunes are replaced only to be breached again. He stated that the Town needs to investigate properly protecting the dunes through the planting of grass and the installation of fencing. He commended Town employees for their efforts in restoring the breached dunes.
7. Former Bradford Dye Association (BDA) Site – Responding to Councilor Aiello, Council President Morrone stated that the Council can be provided with a presentation by the Special Master on the status of the former BDA site.
g. Requests of Town Manager by Councilors
1. ARPA Funds – Responding to Councilor LaPietra, Town Manager Lacey reported that there is $1.9 million remaining in ARPA funds. He stated that the Town was awarded a total of $6.6 million of which $4.6 million has been allocated.
Council President Morrone stated that the Council will be provided with a presentation of a breakdown of ARPA funds.
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.
None
COUNCILORS’ RESPONSE
None
11. POSSIBLE EXECUTIVE SESSION
Motion by Ms. Scialabba, Seconded by Mr. Aiello, to go into executive session for discussion and/or action regarding those items of business exempt from open meetings under Rhode Island General Laws and §42-46-5(a)(2) Litigation – Bombaci v. Town of Westerly, WC-2020-0240; §42-46-5(a)(2) Litigation – J.G. & R.R. for their Minor Child J.R. v. Westerly, et al., No. 1:21-cv-00056-WES-PAS and §42-46-5(a)(2) Litigation – Wood v. Town of Westerly & Terranova, WC-2020-0275. (Voted Unanimously by poll vote)
7:15 P.M. EXECUTIVE SESSION
The purpose of this Executive Session was to discuss Litigation.
* * * * *
7:45 P.M. Voted Unanimously to adjourn and seal the minutes of this Executive Session.
7:46 P.M. Reconvened Open Session.
Executive Session Report
Council President Morrone announced that the Council, under Litigation, discussed the matters of Bombaci v. Town of Westerly, J.G. & R.R. for their Minor Child J.R. v. Westerly, et al., and Wood v. Town of Westerly & Terranova and that no action was taken.
Motion by Ms. Scialabba, Seconded by Ms. Cordio, that the Executive Session minutes be sealed. (Voted Unanimously)
12. ADJOURNMENT
7:47 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.