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| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | JANUARY 23, 2023 | 5:30 P.M. |
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1. 5:30 P.M. CALL TO ORDER
Present: Pres. Morrone, Vice Pres. Lowther
Councilors Overton, Aiello, Cordio, LaPietra, Scialabba
T. Mgr. Lacey, T. Sol. Conley
Co. Clk. LeBlanc, T. Sgt. Falcone
INVOCATION – Council Vice President Lowther
SALUTE TO THE FLAG – Council President Morrone
2. RECOGNITIONS, AWARDS & MEMORIALS
None
3. PRESENTATIONS
a. Bradford School Update – Discussion and Possible Action
Town Manager Lacey provided a status update on the former Bradford School. He reported that, in October 2022, the Town entered into a contract with Billray Corporation for the demolition of the former Bradford School building and asbestos abatement. He reported that there was an additional cost to the contract of $98,646.45 for asbestos remediation of Mastic glue underneath the floor of the building. He stated that the Town notified the demolition company of a boiler room located under the school that was totally remediated with a remaining boiler that had been totally encapsulated in concrete. He reported that the demolition company discovered a 16x18’ boiler room fully exposed, not remediated, and only capped off with concrete. He further reported that the boiler room included three boilers, a water tank, ductwork and about three feet of asbestos on the floor that had been pulled off the pipes. He stated that this was not the remediation plan back in 1987, which was supposed to be completely filled in and contain only one boiler. He reported that RI Department of Health issued an immediate cease and desist order; that a remediation plan monitored by Department of Health had to be in put in place; and that the only option is asbestos remediation, noting that it could not be encapsulated. He stated that there were tunnelways that went out from the boiler room under the floors for a heating system. He reported that the additional remediation plan as required by the state will cost an additional $108,187.70. He stated that the total cost of the project is now $427,784.15, which includes the original bid of $220,950.00, the initial asbestos abatement cost of $98,646.45, and the State’s remediation plan of $108,187.70. He reported that the project is over the original budget by $206,834.15 and that APRA funding and/or surplus funding can be used to cover this amount. He stated that the project is moving forward and that the Town does not anticipate any additional costs. He reported that the RI Department of Health is looking into the remediation plan back in 1987 and has an inspector on site during remediation, which started this week.
Councilor Aiello questioned what safeguard measures are being taken under the current remediation plan and whether federal funds can be used on a structure listed on a national and/or state historic registry.
b. Economic Development Commission – James Torres, Chair
1. 2023 Strategy and Annual Report – Discussion and Possible Action
2. Route One Corridor – Discussion and Possible Action
Present: James Torres, Chair, Economic Development Commission
Douglas Brockway, Vice Chair, Economic Development Commission
Ralph Abruzzese, member, Economic Development Commission
Nancy Letendre, Town Planner
Alyse Oziolor, Principal Planner
Mr. Torres addressed the Economic Development Commission’s annual report for 2022 and the Strategy Plans for 2023. He explained the role of the Commission. He stated that, last year, the Commission focused on implementing the Town’s Comprehensive Plan and the One Corridor Revitalization Study, assessing the “best use” vision for the Westerly Marina, and initiated a process to help Westerly secure it’s unfair share of funding opportunity that exists. He stated that, pending Council’s approval, the Commission would like to implement the Route One Corridor Study, accelerate the Westerly Marina project, and continue to improve the grant process. The Commission would also like to avail its assistance to the Council on better defining and implementing a vision for the Industrial Park area, participate in assessing the best use for land deemed not suitable for development at the transfer station, continue participating in exploring potential extensions of the shoreline east commuter rail system, create a better vision for the Downtown River Walk, and initiate a Westerly promotion program to attract desired businesses and jobs to Westerly.
Mr. Torres addressed the Route One Corridor Study. He stated that the Town’s Comprehensive Plan called for the Town to develop and implement a strategy for the commercial corridors. He explained that a Route One Corridor Committee (ROCC) was formed comprised of two members of the Planning Board, two members of the Economic Development Commission and two members from the planning staff. He stated that the Committee developed the 300-page study which represents a vision of what the Route One Corridor could be and a suggested road map for implementation. He stated that the Council was provided with a synopsis of the report which highlights five key areas, including travel, infrastructure, aesthetics, housing, and economic development. He stated that also included is a regulation framework which is intended to consider those five elements in development planning across sub-corridors along Route One. He stated that to partially realize the vision and to continue the directive of the Comprehensive Plan, the Town Council needs to instruct the Planning Board to integrate strategic elements of the study into the Comprehensive Plan and ensure alignment in the zoning ordinances. He explained the steps to be taken by the Town Council and the Planning Board. He stated that it is also recommended that the Town Council reconstitute the ROCC and make it towards an implementation committee of the Route One Corridor vision as defined by the study and the Town Council. He stated that the Comprehensive Plan requested that a Route One Study be created and has to now be incorporated into the plan. He requested that the Town Council consider approval of the following at a subsequent meeting: (1) endorse the study and instruct the Planning Board to begin making recommendations for incorporating the study into the Comprehensive Plan; (2) instruct the ROCC on how and to what level the Town Council would like to be educated on the study so that it can properly direct the Planning Board on adjustments and priorities; and (3) reconstitute the ROCC to provide oversight in implementing the Route One Corridor vision. He stated that guidance is being sought from the Council.
Discussion was held regarding a recommendation to extend the sewer line down Route One and concerns with costs escalating to upgrade the sewer treatment plant; the prior Council’s acknowledgement of receipt, not endorsement, of the study; the Comprehensive Plan themes that the Economic Development Commission strive to support tourism, build a year-round economy, and promote Westerly; current aesthetics of the Route One Corridor; the information gathered to develop the 297-page Route One Corridor Study and its contents; endorsement of the plan by the Town Council; the constitution and structure of the Route One Corridor Committee (ROCC); the key initiatives in the 2022 Economic Development Commission’s Annual Report; the best use of the Westerly marina; a request that The Westerly Sun and the local radio station receive a copy of Economic Development Commission’s Annual Report and Synopsis; the installation of underground utilities with future development; the structure of the proposed Ad Hoc Westerly Marina Committee; and a resolution endorsing the concept of the Route One Corridor.
Council President Morrone stated that a resolution asking the Town Council to endorse the concept of the Route One Corridor will be placed on the next Town Council agenda.
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. Thomas Nall, 65 East Ave – re: Rhode Island Fire Chiefs Honor Flight Hub; asked Town for $500 to support organization; distributed flyer
b. Tracy Swain, 54 Cortland St, Pawcatuck – re: Town of Stonington seven water loops; loops stop proper water flow and pressure; addressed 2018 C&E Engineering Report; re: Hinkley Hill water pump; overflow goes onto road; asked Council to seek federal funding to fix water loops; distributed C&E Engineer Report and Water Easement Information
Town Manager Lacey stated that the Town of Westerly agrees with the Town of Stonington in correcting one of the water loops.
COUNCILORS’ RESPONSE
Councilors responded to Citizens’ Comments regarding the Rhode Island Fire Chief Honor Flight and the Town of Stonington water loops.
5. CONSENT CALENDAR
a. Approval of Minutes
Special – 12/12/22
Regular – 1/9/23
At the request of Councilor Aiello, the January 9, 2023 Regular Meeting minutes were moved to New Business for discussion.
Motion by Mr. Overton, Seconded by Ms. Scialabba, that the aforesaid December 12, 2022 Special Meeting minutes be accepted and approved as printed. (Voted Unanimously)
b. Fiscal Matters
Motion by Mr. Overton, Seconded by Ms. Scialabba, that the following resolutions be adopted. (Voted Unanimously)
1. 22/23-42 Resolution Authorizing Deletion to Tax Rolls ($1,140.86)
2. 22/23-43 Resolution Authorizing The Town Manager To Enter Into A Contract For A Subscription Service For The Water Department’s SCADA System ($20,000.00 Annually for Three Years)
c. Appointments and Resignations
None
Councilor Lowther encouraged individuals who are interested in applying for the nine-member Advisory Charter Revision Commission to submit an on-line application. He stated that the application deadline is Monday, February 13, 2023. He announced that the first meeting of the Town Council Liaison Appointments Committee is scheduled for Wednesday, February 15, 2023, and that the Committee hopes to meet monthly. He stated that individuals wishing to serve on a board or commission can view vacancies at the bottom of any Town Council posted agenda or on the Town’s website. He stated that the Town Clerk’s Office notified applicants who submitted an application during the term of the prior Council to inquire if they wished to reapply for the various vacancies.
6. PUBLIC HEARINGS (Adv. on 1/16/2023 for this time)
a. Proposed Ordinance – “An Ordinance In Amendment Of Chapter 229 Of The Westerly Code Of Ordinances Entitled ‘Taxation’” (§229-2. Residence exemption for the elderly)
Present: David Thompson, Town Assessor
Motion by Ms. Cordio, Seconded by Mr. Lowther, that the public hearing be opened. (Voted Unanimously)
Councilor LaPietra addressed subsection B(1)(f) of the proposed ordinance. He explained his alternative regarding the consideration of rental income toward an elderly exemption, stating that he is proposing using “net” rental income to add back in the depreciation expense, which would still allow operating expenses on rental properties. He stated that the current language regarding the total net income from a business should remain as is and to strike the words “or from a rental property”.
Councilor Overton stated that he believed that the proposed amendment to change “net” income to “gross” income is illegal because the Town is completely ignoring legal tax-deductible business expenses that one has against gross income. He felt that the proposed amendment would set the Town up for a class action lawsuit. He requested that the Town Solicitor be asked to look into the legality of the proposed amendments.
No one appeared in favor or in opposition.
The following individual was present: Kenneth Burton, 83 Potter Hill Rd – re: Informed the Council of the poor quality of sound with the Chamber’s sound system
Motion by Mr. Overton, Seconded by Mr. Aiello, that the public hearing be closed. (Voted Unanimously)
Motion by Mr. Aiello, Seconded by Mr. LaPietra, that the first sentence in subsection B(1)(f) be amended to read “The total net income from a business may be considered toward an elderly exemption,” thereby, striking the words “or from a rental property.” (Voted Unanimously)
Motion by Mr. Aiello, that subsection B(1)(f) be amended by inserting the following language after the first sentence, “The net rental income plus the depreciation expense may be considered toward an elderly exemption.”
Town Solicitor Conley explained that the first amendment to edit subsection B(1)(f) is not substantive; however, the second proposed amendment regarding the new element of depreciation was not properly noticed. He suggested that the proposed ordinance be readvertised for another public hearing.
Councilor Aiello withdrew his motion.
Motion by Mr. LaPietra, Seconded by Mr. Aiello, that the first sentence in subsection B(1)(f) be amended to read “The total net income from a business may be considered toward an elderly exemption,” thereby, striking the words “or from a rental property.”; that the following language be inserted after the first sentence “The net rental income plus the depreciation expense may be considered toward an elderly exemption.”; and that the second sentence in subsection B(1)(g) remain as written “Net rental income will be considered on this basis.” (Voted Unanimously)
Motion by Mr. Aiello, Seconded by Mr. Lowther, that the aforesaid proposed ordinance, as amended, be re-ordered advertised for public hearing on February 13, 2023. (Voted Unanimously)
7. NEW BUSINESS
a. January 9, 2023 Regular Meeting Minutes
Councilor Aiello requested that the minutes be corrected to reflect that Councilor Lowther was absent for the vote taken on Item 7(c).
Motion by Ms. Scialabba, Seconded by Mr. Aiello, that the aforesaid minutes be accepted and approved as amended. (So Voted 6 to 0 – Councilor Lowther abstained)
b. New Ad Hoc Committees – Discussion and Possible Action
Town Solicitor Conley stated that there is no prohibition in the Town Ordinances or Charter against Town employees serving on the following committees.
1. Westerly Marina
Council President Morrone suggested that the Council create an Ad Hoc Westerly Marina Study Committee to study the best use of the property located at 41 Margin Street and that the Committee would provide periodic reports to the Town Council.
Discussion was held regarding the composition of the committee and a suggestion that three initial core members include the Harbor Master, one member from the Planning Board and one member from the Economic Development Commission.
Councilor Overton questioned whether the Economic Development Commission could be assigned the task rather than creating an Ad Hoc committee.
It was the consensus of the Council that an Ad Hoc Westerly Marina Study Committee be created comprised of seven to nine members and that individuals interested in serving on said committee submit an on-line application.
2. Affordable Housing
Council President Morrone suggested that the Council create an Ad Hoc Affordable Housing Committee to address affordable housing needs in the Town of Westerly.
Town Solicitor Conley explained that the difference between affordable housing and low-income housing. He stated that the ad hoc committee could look at what affordable housing means for Westerly, how the Town wants to define affordable housing, and the standards to be set.
Discussion was held regarding the composition of the committee. Discussion was also held regarding suggestions that the committee be permanent rather than ad hoc, work closely with the Town and the Planning Department, make strong recommendations regarding zoning, be able to write policies, be given a vision and a mission for affordable housing, the ad hoc committee set a foundation for a permanent affordable housing committee within the Town, review proposed legislation. It was also suggested that the Council consider amending the existing legislation by reducing the affordable housing 99-year commitment to a 30-year commitment and eliminating the buy-out for developers.
It was the consensus of the Council that an Ad Hoc Affordable Housing Study Committee be created to address the affordable housing needs in the Town of Westerly, that the committee include town officials from the Planning and Zoning Departments, and that a Council member serve as a Council liaison.
3. Bradford Community Center
Council President Morrone suggested that the Council create an Ad Hoc Bradford Community Center Study Committee to address the best use of the former Bradford School site.
Discussion was held regarding a suggestion that an athletic field and skateboard park be developed on the site rather than a community center. Discussion was also held regarding the need for a community center in Bradford for both the youth and the entire community.
It was the consensus of the majority of the Council that an Ad Hoc Bradford Community Center Study Committee be created to address the best use of the former Bradford School site. (Councilor LaPietra absent).
c. New Town Well Sites – Discussion and Possible Action
Council President Morrone explained the need for the Town to look at Town-owned property for new well sites and he asked that the Town Manager be authorized to allow appropriate Town staff to explore same. He stated that the Town should proceed as expeditiously as possible.
Discussion was held regarding concerns with the Town’s water supply and how much development can the aquifers sustain, and a request that a study be conducted.
Councilor Cordio felt that that Jacobs Engineering could provide the Town with an update using information they have already gathered.
Town Manager Lacey stated that the Town would need to hire an engineering company and/or a consulting firm to conduct a study of current production, what the aquifers can sustain, and potential well sites.
d. Solar Field at Closed Landfill/Transfer Station – Discussion and Possible Action
Council President Morrone stated that the RI Office of Energy has offered to come before the Council to make a presentation as to what the future landfill site could provide with regards to solar panels.
e. Dune Restoration, Resilience Program for Atlantic Avenue – Discussion and Possible Action
Council President Morrone reported that, during the December 23, 2022 storm, the dunes in Misquamicut and Weekapaug were breached in eight to ten locations. He stated that the dunes need to be made substantial with grass plantings and that he would like to see the Town pursue this effort through the guidance of the University of Rhode Island, CRMC and RIDEM. He commended the work of the Department of Public Works in restoring the breached dunes.
Councilor Cordio noted that there are funds available for coastal resiliency; therefore, the Town may want to expedite this issue.
Councilor Aiello stated that funds may are also be available through OSCAR funds.
f. Material Distribution to Council Members – Discussion and Possible Action
Council President Morrone stated that the Council, over the years, has attempted to have paperless agendas.
Council President Morrone and Councilors Lowther, Cordio, and Scialabba agreed to move forward with paperless agendas.
Councilors LaPietra, Overton and Aiello requested paper copies of agendas.
8. UNFINISHED BUSINESS
None
9. COMMUNICATIONS & REPORTS
a. Liaison Reports
1. Economic Development Commission – Attended meeting held on January 10, 2023; looking forward to Town Council endorsing the Route One Corridor Plan; pleased to have a Council Liaison; spoke about public meeting with RIDEM on January 19, 2023 in the Town Council Chambers to present the Westerly Marina Environmental Study; discussed expansion of the Shoreline East Train – RIDOT and CTDOT interested in this project; discussed self-storage facility on Route 1 at the former Staples lot, solar panels at the transfer station, and tree cutting at airport; working on subcommittees handling new projects, such as affordable housing on Wells Street; discussed public participation by phone at meetings and an application submitted for appointment to the Commission (Councilor Scialabba)
2. Westerly Public Library – Attended meeting held on January 17, 2023; no more “after hour” meetings at the library because it is not cost efficient; Mini Golf Tournament Family Fundraiser to be held on April 21 and April 23, 2023; Coy Café has closed – looking for a new tenant; library will be seeking more financing (Councilor Scialabba)
3. Westerly Senior Center – Attended meeting held on January 19, 2023; bathroom repairs completed; concerns with snowplow putting snow in front of handicap ramp; asked if buildings #8 and #9 at State Street School can be used for storage; questioned quarterly reimbursements – still have not received reimbursement checks for van drivers from October to December 2022; in need of workers; State funding reductions – plans to decrease salary of individual who assists people with insurance questions and use the funds to create a statewide phone call-in system; $25 annual membership – highest in the State; 800 members but lost 8% membership due to COVID; only allowed $3 donation towards meals per State; concerned with parking lot filling up around 2:00 p.m. with parents picking up students from State Street School (Councilor Scialabba)
4. Multicultural Committee – Meeting held on January 19, 2023; looking at committees in other municipalities; looking for State resources to help build their goals and recommendations on how to move forward (Councilor Lowther)
5. Chamber of Commerce – Starry Lights and lobster pot tree were both very successful; lobster pot tree draws thousands of people to the area (Council President Morrone)
b. Town Council – 1/23/23
1. Item #4 1/23/23 – From CRMC/DEM – re: Joint Public Notice – Application of Watch Hill Yacht Club; Property Location: 1 Fort Rd/151 Bay Street –Councilor Cordio stated that the project does impact a Town right-of-way because staging will be located on Town property. She expressed concern that one could use Town property without notice or consent and the Town’s liability with the staging. She believed that there should be communication to the Town from the Watch Hill Fire District.
Town Manager Lacey stated that the dredging project is an ongoing project and is a continuing permit that is re-applied for by the Watch Hill Yacht Club. He stated that the Watch Hill Fire District only partners in accepting the dredged sand which is tested and placed onto the beach for replenishment. He noted that the dredging will take place in front of the Watch Hill Yacht Club along the seawall. He explained that the Town does not have any involvement in the permitting process other than notification of the CRMC consent permit once issued. He believed that the project will not block the access road. He stated that it is the position of the Watch Hill Fire District that they own the property that the road is on and that it is not a right-of-way but a right of access. He further stated that the Town does not maintain the road. He stated that determination of the roadway ownership would answer whether they need the Town’s permission on the project.
Council President Morrone stated that he was of the understanding that access to the Town’s right-of-way would not be fully blocked. He stated that access may be altered but no impeded.
c. Town Manager – 1/23/23
1. Item #1 1/23/23 – Email from Special Master John Dorsey to Town Manager Lacey – Regarding update of the status of the lagoons located on the BDA property in Bradford – Town Manager Lacey noted the aforesaid correspondence.
2. Correspondence from Jonathan Mancini, Senior Vice President, Solar Project Development, Ameresco to Town Manager Lacey – re: Notice of Commercial Operation, White Rock Road LLC Solar Photovoltaic System – Town Manager Lacey reported that power began producing on January 4, 2023 and stated that he will keep the Council informed of any ribbon-cutting event.
3. From Brittan K. Bates-Manni, Medical Countermeasures Program Director, RI Department of Health: (a) Correspondence to Emergency Management Director Grzybowski – re: Thank you for Westerly’s contributions to the State’s COVID-19 Response and Vaccine Campaign; and (b) Certificate of Appreciation – Presented to Town of Westerly from RI Department of Health for its dedication and service to the people of Rhode Island during the RI Department of Health’s COVID-19 Vaccine Campaign of 2020-2022 – Town Manager Lacey noted the Town’s award in response to the COVID vaccination clinics and testing sites provided at the Senior Citizen Center during the pandemic.
4. Item #6 1/23/23 – Grant Project Update Spreadsheet – Town Manager Lacey noted the aforesaid spreadsheet.
d. Town Solicitor
None
e. Town Clerk
None
f. Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)
1. APRA Funding – Responding to Councilor LaPietra’s request for a report of the breakdown of APRA Funds, Council President Morrone stated that there will be a presentation to the Council.
2. Road Bonds – Councilor Aiello requested that the Engineering Department provide the Council with an updated spreadsheet on the most recent two road bonds.
g. Requests of Town Manager by Councilors
None
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 Mr. Overton, Seconded by
9:03 P.M. EXECUTIVE SESSION
The purpose of this Executive Session was to discuss Lease of Real Property.
* * * * *
9:19 P.M. Voted Unanimously to adjourn and seal the minutes of this Executive Session.
9:19 P.M. Reconvened Open Session.
Executive Session Report
Council President Morrone announced that the Council discussed the Misquamicut Business Association Lease and that there was a unanimous vote.
Motion by Mr. Overton, Seconded by Ms. Scialabba, that the Executive Session minutes be sealed. (Voted Unanimously)
12. ADJOURNMENT
9:20 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.