1.     5:30 P.M.  CALL TO ORDER

 

Present:   Pres. Morrone, Vice Pres. Lowther

                 Councilors Aiello, Cordio, LaPietra

                 T. Mgr. Lacey, T. Sol. Dylan Conley

                 Co. Clk. LeBlanc, T. Sgt. Falcone

 

        Absent:    Councilor Overton

                        Councilor Aiello (arrived 5:36 p.m.)

                        Councilor Scialabba

 

INVOCATION – Councilor Lowther

 

SALUTE TO THE FLAG – Council President Morrone

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

        a.     Congratulations – Westerly Police Department – 150^th Anniversary

 

     Chief of Police Paul Gingerella was present to accept the commendation, read aloud by Council President Morrone.

 

        RATIFY AND CONFIRM:

 

b.     Congratulations – Betty-Jo Cugini-Greene, Ocean Community Chamber of Commerce 2023 Citizen of the Year Award

 

c.     Congratulations – Ruth Tureckova, Ocean Community Chamber of Commerce 2023 Key Award Recipient

 

       

 3.    PRESENTATIONS

 

a.     Rhode Island Housing – Amy Rainone, Director, Government Relations & Policy, James Comer, Deputy Executive Director and Senator Victoria Gu – Discussion

 

     Senator Gu stated that the goal is to ensure that local government and the state legislature are working together at the state level and the town level to advance their priorities in affordable housing.  She stated that a recent report shows that Rhode Island ranked last in housing production per capita and has the second highest growth rate in the nation for sheltered people, noting that the WARM Center reported that the newly homeless are senior citizens.  She reported that, in the last few years, the State has been preparing and investing federal funds allocated for affordable housing and even more in the State budget this year.  She stated that she wants the Town to know about funding opportunities, noting that Rhode Island Housing oversees the competitive grant opportunities.  She stated that the Town has shown a lot of initiative by creating the Affordable Housing Study Committee and the hope is that they will identify sites or projects that can be funded. 

 

     Mr. Comer stated that this is a time of continued crisis for affordable housing, but also a time for great opportunity.  He stated that the Governor and the legislature has devoted more funds to the production and preservation of affordable housing than any other time in the State which augments the programs Rhode Island Housing already administers and allows Rhode Island Housing to devote more resources for creativity of more programs to fill the great need for housing affordability.  He stated that Rhode Island is short land so Rhode Island Housing has to be more creative in how it addresses the problem, what properties can be used for affordable housing, and what existing resources can be repurposed or reimagined.  He explained that Rhode Island Housing can provide technical assistance to municipalities as to their needs and how to address them.  He stated that, between funds administered by Rhode Island Housing, by the new Department of Housing, and by the Rhode Island Infrastructure Bank, there is a total investment of $321 million, and he addressed same.  He addressed a number of available funding programs.

 

     Mr. Rainone explained that Rhode Island Housing administers the assistance and technical assistance program funded through the State production fund.  She reported that the Town of Westerly submitted an application and is in the process of identifying a consultant from the consultant pool to help with the housing needs analysis in the community and in meeting the Town’s Comprehensive Plan.  She reported that legislation passed in the last session of the General Assembly impacts a number of aspects of planning and zoning at the local level and Rhode Island Housing is in the process of identifying one of the consultants in the program pool to help create a set of template documents that would be available to all municipalities to assist in the implementation of those changes and that Rhode Island Housing will notify all municipalities once a consultant is identified.  She stated that municipal technical assistance will be available to those communities that want to further tailor those documents or build on them. 

 

     Discussion was held regarding timing of technical assistance availability and the scheduling of the work; available funding for pre-development (housing to be built); Middle Income Housing Program; Housing Production Fund relating to funding for veterans; Home Repair Program; the hurried timeframe in which developers may have to seek funding; exclusionary zoning laws; use of “fees in lieu of” and formula for same; and the June 29, 2023 letter from Rhode Island Housing regarding the Low and Moderate Income Housing Act that requires an annual calculation of the percentage of the low or moderate income housing in each Rhode Island community.

 

b.     Wastewater Treatment Plant – Jacobs Engineering – Discussion

1.     PowerPoint – Progressive Design-Build Delivery for WWTF Upgrades

2.     Westerly Wastewater Treatment Facility – Agreement

 

Present:   John Tobia, P.E., Project Manager, Jacobs Engineering

                 Bruce Solomon, Jacobs Engineering

 

     Mr. Tobia and Mr. Solomon gave a PowerPoint presentation, which is attached hereto and made part of the record of these proceedings. The presentation addressed the Progressive Design-Build Delivery for Wastewater Treatment Facility (WWTF) Upgrades which included Meeting Goals (an understanding of Jacobs’ proposal, design and construction costs, short-term and long-term schedule, and how can Jacobs continue to support Westerly); the May 1, 2023 RIDEM Comment Letter and Follow Up; an Overview of the Progressive Design-Build; a Walkthrough of Jacobs’ Proposal; Cost Breakdown and Task Overviews; Other Services (amendment to the WWTP O&M Manual, Wastewater Facilities Resilience Plan, fall 2022 and spring/summer 2023 sampling programs, response to RIDEM Facilities Plan Update comments and revisions to Facilities Plan Update, funding and financial support); and the short-term schedule.

 

     Discussion was held regarding the design-build schedule; allocation of $5.5 million project total by the Town; and supply chain issues.

 

     Town Manager Lacey stated that the agreement can be placed on the next Town Council agenda for consideration.

 

 

 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.     Virginia Ursim, 10 High Ridge Court, Pawcatuck, CT, co-founder of Friends of the Westerly Animal Shelter (FOWAS) – re: Item #6 on Town Council Report – Letter from Stand Up for Animals (SUFA) requesting that Friends of the Westerly Animal Shelter refrain from using 33 Larry Hirsch Lane as its business address for monetary donations and accusations made against the organization

 

b.     Lina O’Leary, 9 Laudone Dr – re: Item #6 on Town Council Report – Letter from Stand Up for Animals (SUFA) requesting that Friends of the Westerly Animal Shelter (FOWAS) refrain from using 33 Larry Hirsch Lane as its business address for monetary donations and that the organization’s mailbox and all literature at the shelter be removed

 

c.     Robert Lombardo, Esq., 81 Avondale Rd – re: Item #6 on Town Council Report – Letter from Stand Up for Animals (SUFA) requesting that Friends of the Westerly Animal Shelter (FOWAS) refrain from using 33 Larry Hirsch Lane as its business address for monetary donations and that the organization’s mailbox and all literature at the shelter be removed; SUFA Lease and Memorandum of Understanding

 

d.     Thomas Northup, operator of a Short-term Rental Property – re: Item #7 on Town Council Report – Airbnb Policy – Concerned with requirement that the property be managed by a State of Rhode Island Real Estate Broker or Brokerage; should be able to manage own property if not a resident of the Town

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens’ Comments regarding the confusion surrounding donations made to Stand Up for Animals and Friends of the Westerly Animal Shelter and the need to resolve the issue and the Short-term rental ordinance.

 

     Council President Morrone stated that the Council will review the Stand Up for Animals lease and the Short-Term Rental Ordinance at a future meeting.

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes

Regular – 6/5/23

Special – 6/14/23

Executive – 6/5/23 (Sealed), 6/19/23 (Sealed)

 

     Councilor Aiello requested that the June 14, 2023 Special Meeting minutes be tabled to the next meeting.

 

Motion by Mr. Aiello, Seconded by Mr. Lowther, that the aforesaid minutes, with the exception of the June 14, 2023 Special Meeting minutes, be accepted and approved as printed and that the Executive Session minutes be sealed.  (Voted Unanimously)

 

        b.     Fiscal Matters

 

Motion by Mr. Aiello, Seconded by Mr. Lowther, that the following resolutions be adopted:  (So Voted 4 to 0 – Councilor LaPietra absent)

 

1.     23/24-1 Resolution Authorizing The Addition To The Tax Rolls ($120.96)

 

2.     23/24-2 Resolution Authorizing Deletion To Tax Rolls ($120.96)

 

3.     23/24-3 Resolution Authorizing Payment To Paula M. Cuculo, Esq. (Litigation matters - $1,000.00)

 

        c.     Resignation and Appointments

 

               1.     Resignations:

a.     John R. Tregenza, III, Ad Hoc Westerly Marina Study Committee

 

Motion by Mr. Lowther, 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 Mr. Tregenza.  (So Voted 4 to 0 – Councilor LaPietra absent)

 

b.     Kenneth F. Swain, Board of Assessment Review 

 

Motion by Mr. Lowther, Seconded by Ms. Cordio, that the aforesaid resignation be accepted with regret and that the Council Clerk be directed to send a letter of appreciation to Mr. Swain.  (Voted Unanimously)

 

 

 6.    PUBLIC HEARINGS

       

          None

 

 

 7.    NEW BUSINESS

 

a.     Proposed Ordinance – “An Ordinance In Amendment Of Chapter 2035 Of The General Ordinances Of The Town Of Westerly Entitled ‘An Ordinance Setting Water Rate Schedules For The 2023-2024 Fiscal Year’” (Increase Backflow Preventer Testing Fee and Cross Connection Inspection Fee from $47.00 to $54.00)

        (Order Adv. for Public Hearing on 7/24/23)

 

Motion by Mr. Aiello, Seconded by Ms. Cordio, that the aforesaid proposed ordinance be ordered advertised for public hearing on July 24, 2023.  (Voted Unanimously)

 

b.     Proposed Ordinance – “An Ordinance In Amendment In Amendment Of Article V ‘Exemption For Qualified Veterans, Prisoners Of War, Gold Star Parents And Visually Impaired Persons’ Of Chapter 229 Of The Westerly Code Of Ordinances Entitled, ‘Taxation’”

        (Order Adv. for Public Hearing on 7/24/23)

 

Motion by Mr. Aiello, Seconded by Mr. Lowther, that the aforesaid proposed ordinance be ordered advertised for public hearing on July 24, 2023.  (Voted Unanimously)

 

 

 8.    UNFINISHED BUSINESS

 

a.     23/24-4 Resolution Of The Westerly Town Council Welcoming The Golden Rule Peace Boat To Rhode Island In Support Of A World Free of Nuclear Weapons – Discussion and Possible Action

        (Tabled from 6/19/23)

 

Motion by Mr. Aiello, Seconded by Ms. Cordio, that the aforesaid resolution be taken from the table.  (Voted Unanimously)

 

Motion by Ms. Cordio, Seconded by Mr. Lowther, that the aforesaid resolution be adopted, as amended.  (Voted Unanimously)

 

 

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

 

1.     Harbor Management Commission – Held 1^st meeting; next meeting on Thursday, July 13, 2023; Jason Jarvis has been appointed Chair and Ellen Kane has been appointed secretary; continuing discussions of Misquamicut Bike Path gate  (Councilor Cordio)

 

2.     Westerly Marina Study Committee (Ad Hoc) – Meeting scheduled for end of July; received initial feedback on studies from DEM; submitting a map to continue moving forward on remediation  (Councilor Cordio)

 

3.     Affordable Housing Study Committee (Ad Hoc) – Held 1^st meeting; appointed a vice chair and secretary; will be looking to appoint a chair  (Councilor Lowther)

 

4.     Multicultural Committee – Difficulty obtaining a quorum during the summer months; will resume meetings in the fall  (Councilor Lowther)

 

        b.     Town Council – 7/10/23

 

1.     Item #1 7/10/23 – From Town of Burrillville – re: Resolution Opposing Senate Bill 2023-137 and House Bill 2023-H5201 Relative to Towns and Cities – Relief of Injured and Deceased Fire Fighters and Police Officers Presumption for Heart Disease and Hypertension – Councilor LaPietra expressed concern as to how this bill could affect the Town’s pension plan and asked that the resolution be discussed when Councilor Overton was present. 

 

     Town Council President Morrone directed that the resolution be placed on the July 24, 2023 agenda for discussion along with information as to the status of the legislation. 

 

        c.     Town Manager – 7/10/23

 

1.     Item #3 7/10/23 – Letter to the Town Council from Joyce Stanczyk, Treasurer of the Bradford Fire District regarding the desire to sell their pumper fire truck to the Dunns Corner Fire District – Town Council President Morrone stated that he spoke with Ms. Stanczyk and suggested mediation between the Bradford Fire District and the Dunns Corner Fire District. 

 

     Councilor Aiello stated that he spoke with the Bradford Fire District Moderator who informed him that they are in negotiations with the Dunns Corner Fire District.

 

        d.     Town Solicitor  

 

        None

 

        e.     Town Clerk

 

        None

 

        f.     Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)

 

1.     Stand Up for Animals Lease and Westerly Friends for Animals – Councilor LaPietra requested that the aforesaid matter be referred to a future agenda for discussion. 

 

2.     Town of Burrillville Resolution opposing Senate Bill 2023-137 and House Bill 2023-H50201 – Councilor LaPietra requested that the aforesaid resolution be referred to a future agenda for discussion.

 

3.     Residential Zone Short-Term Rental Registration Ordinance – Councilor Lowther requested that the aforesaid ordinance be referred to the Planning Board for review and recommendation.

 

4.     Rhode Island Housing Revolving Fund – Councilor Lowther requested that the aforesaid matter be referred to the Ad Hoc Affordable Housing Study Committee to determine what the Town will do with the current “Fees in Lieu of Funds” and how a revolving fund or a housing trust can be created for the Town.

 

     Councilor Aiello requested that the Council be provided with an update of the “Fees in Lieu of Funds” and the Revolving Fund. 

 

5.     Access to Waterways – Councilor Lowther expressed concern that there is no formal public boat launch on Winnapaug Pond, and he asked that this matter be referred to the Harbor Management Commission to look at possible options on how the Town could move forward with same.

 

        g.     Requests of Town Manager by Councilors

 

1.     Social Services – Responding to Councilor Lowther’s request for coordination with the Town’s IT staff to provide links to social services on the Town’s website, Town Manager Lacey stated that this service has been provided. 

 

 

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. Aiello, Seconded by Mr. Lowther, 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)(1) Personnel – Job Performance, character, or physical or mental health; §42-46-5(a)(2) Litigation – Watch Hill Fire District; and The Watch Hill Conservancy v. Town of Westerly, et al. WC-2023-0190; and §42-46-5(a)(2) Litigation – Town of Westerly v. One Parcel of Realty, Commonly Known as 460 Bradford Road Located at Parcel ID 15, Lot 14, and BPF Realty, LLC - C.A. No. WC-2018-0298.  (So Voted 5 to 0 by poll vote with the exception of Litigation – Watch Hill Fire District; and The Watch Hill Conservancy v. Town of Westerly, et al. and Litigation – Town of Westerly v. One Parcel of Realty, Commonly Known as 460 Bradford Road – Councilor LaPietra dissented; Councilors Overton and Scialabba absent)

 

7:53 P.M.  EXECUTIVE SESSION

 

     The purpose of this Executive Session was to discuss Personnel and Litigation.

 

*                    *                    *                    *                    *

 

9:35 P.M.  So Voted 5 to 0 to adjourn and seal the minutes of this Executive Session. (Councilors Overton and Scialabba absent)

 

9:37 P.M.  Reconvened Open Session (Council President Morrone, Councilors Overton and Scialabba absent)

 

Executive Session Report:

 

     Vice President Lowther assumed the Chair in the absence of the Council President and announced that the Council discussed, under Personnel, job performance, character, or physical or mental health and no action was taken and, under Litigation, that matter of Town of Westerly v. One Parcel of Realty, Commonly Known as 460 Bradford Road Located at Parcel ID 15, Lot 14, and BPF Realty, LLC and that no action was taken.  He further announced that the Council discussed, under Litigation, the matter of Watch Hill Fire District; and The Watch Hill Conservancy v. Town of Westerly, et al, and that a 4 to 0 vote was taken with one abstention.  (Councilors Overton and Scialabba absent) 

 

Motion by Ms. Cordio, Seconded by Mr. Aiello, that the Executive Session minutes be sealed. 

 

     Councilor Cordio withdrew her motion and Mr. Aiello withdrew his second. 

 

Motion by Mr. Aiello, Seconded by Ms. Cordio, that the Executive Session minutes regarding Personnel – Job Performance, character, or physical or mental health be sealed.  (Voted Unanimously)

 

Motion by Mr. Aiello, Seconded by Ms. Cordio, that the Execution Session minutes regarding Litigation – Watch Hill Fire District; and The Watch Hill Conservancy v. Town of Westerly, et al be sealed.  (So Voted 3 to 1 – Councilor LaPietra dissented; Council President Morrone and Councilor Overton and Scialabba absent)

 

Motion by Mr. Aiello, Seconded by Ms. Cordio, that the Executive Session minutes regarding Litigation – Town of Westerly v. One Parcel of Realty, Commonly Known as 460 Bradford Road Located at Parcel ID 15, Lot 14, and BPF Realty, LLC be sealed.  (So Voted 3 to 1 – Councilor LaPietra dissented; Council President Morrone and Councilor Overton and Scialabba absent)

 

 

12.   ADJOURNMENT

 

        9:43 P.M.  Voted Unanimously to adjourn.

 

 

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