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| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | JULY 24, 2023 | 5:30 P.M. |
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1. 5:32 P.M. CALL TO ORDER
Present: Pres. Morrone, Vice Pres. Lowther
Councilors Overton, Cordio, LaPietra, Scialabba
T. Mgr. Lacey, T. Sol. Conley
Co. Clk. LeBlanc, T. Sgt. Falcone
Absent: Councilor Aiello (arrived 5:34 p.m.)
INVOCATION – Councilor Lowther
SALUTE TO THE FLAG – Council President Morrone
2. RECOGNITIONS, AWARDS & MEMORIALS
a. Congratulations – The Westerly High School Boys Swim Team, RI Interscholastic League 2023 First Place Championship
Coach Tom Weissmuller and members of the Westerly High School Boys Swim Team were present to accept the resolution, read aloud by Councilor Aiello.
3. PRESENTATIONS
a. CPower Battery And Community Choice Aggregation – Bart Farmouth and Phillip Ciulla, Colonial Power Group
1. Community Choice Aggregation Program
2. Budgetary Review of CPower’s Energy Storage as a Service Officer for the Town of Westerly – WWTP
4. Mutual Nondisclosure Agreement
Present: Bart Fromuth, Chief Executive Officer, Freedom Energy Logistics
Stuart Ormsbee, Freedom Energy Logistics
Phillip Ciulla, Account Executive, CPower
Mr. Ormsbee gave a PowerPoint presentation on the Community Choice Aggregation Program, which is attached hereto and made part of the record of these proceedings. It was noted that this program is new in Rhode Island but is very active in Massachusetts and New Hampshire. He explained that the program provides an alternative option for consumers of electricity in the State and is designed to help residential and small commercial customers. He stated that the Town would act on behalf of its consumers, proceed through a regulatory process, file a plan, and form a large buying group. He noted that there is no cost to the Town. He stated that the program is an opt-out program, explaining that consumers would be sent a notice that a contract was signed by the Town for a fixed rate and term and that they have a choice to opt out. He noted that if the consumer does not opt out, they are automatically part of the program. He stated that the consumer can opt out of the program at any time without any penalty and can opt in at any time at no cost. He reported that the company services about 80 different clients across the Commonwealth of Massachusetts. He explained the benefits of Community Choice Aggregation.
Discussion was held regarding effects on energy assistance programs; the consulting group Colonial Power Group; suppliers; administrative fees; typical annual savings for consumers; opt in and opt out rates; renewable options; resilience and emergency management; billing; other communities in Rhode Island that have entered into the program; location of batteries; consumers’ guarantee that rates will not be higher than the utility company; and the Letter of Intent that binds the Town to move forward with feasibility study.
Mr. Ciulla gave a PowerPoint presentation on the Budgetary Review of CPower’s Energy Storage as a service offering for the Town of Westerly at the Wastewater Treatment Plant, which is attached hereto and made part of the record of these proceedings. He explained the combined power of LS Power and CPower; energy storage solution; batteries and how batteries support emissions reductions, ESG goals, grid resiliency and modernization; load profile and tariff analysis; footprint and hosting capacity of the wastewater treatment plant; site financial and energy information; site optimization – financial, resilience and green and sustainability; and next steps and additional information which include a Letter of Intent, feasibility study and agreements.
Discussion was held regarding battery life and the cost to purchase, lease or replace one; lease payments to the Town; monitoring of battery; concerns of possible contamination to the Town’s drinking water from the battery; the Wastewater Treatment Plant being located in a flood zone; other communities in Rhode Island that have entered into the program; the feasibility study and who is responsible for the cost; potential site locations; the present use of emergency generators for backup power at Town facilities; recharging of batteries overnight; how CPower, Freedom Energy Logistics and LS Power gets compensated; guarantee on savings; and disposal of battery.
Council President Morrone, on a point of personal privilege, read aloud a statement regarding an article in NPR and his conduct at the July 10, 2023 Executive Session meeting, which is attached hereto and made a part of the record of these proceedings.
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: July 24, 2023 Town Council Report Item #2 – Concerned that private, confidential information has been shared publicly
b. Robert Lombardo, Esq., 81 Avondale Rd – re: His comments made at the June 5, 2023 Town Council meeting regarding Kimberly Doescher; Ms. Doescher should be able to publicly comment about her concerns at a Council meeting
c. James Yasco, 12 Lima Dr – re: Potter Hill Dam
d. Peter Ogle, 18 Kettle Close – re: Potter Hill Dam; Item #7a – Fuss & O’Neill, Inc. contract – asked Council to reject the contract
e. Carl Rosen, 9 River Rd, Ashaway, RI – re: Potter Hill Dam
f. Kenneth Weber, 3 Blossom Ct – re: Atlantic Avenue right-of-way and public access to water; re: Potential hiring of outside legal counsel for Fort Road litigation; re: Spring Avenue right-of-way
g. Ellen Kane, 76 Winnapaug Rd – re: Watch Hill Lighthouse property; re: Spring Avenue right-of-way litigation matter; re: Fort Road right-of-way litigation and the potential hiring of outside legal counsel
h. Anthony Palazzolo, Jr., 285 Pendleton Hill Rd, North Stonington, CT – re: Thanked Council for sending Fort Road right-of-way to CRMC for State designation; potential hiring of outside legal counsel for Fort Road litigation matter; submitted Attorney-Client Memorandum from Town Solicitor William J. Conley, Jr., Esq. regarding Request for Memorandum – Private Rights-of-Way Relative to 1998 Consent Judgment; submitted Consent Judgment, C.A. No. 94-321, Superior Court, 2/26/97
COUNCILORS’ RESPONSE
Councilors responded to Citizens’ Comments regarding comments made by Kimberly Doescher; the Potter Hill dam and the Fuss & O’Neill, Inc. contract; and Fort Road right-of-way litigation matter and that the responses from the Attorney General and the Town of Westerly are public record and available on the Superior Court website.
Town Solicitor Conley stated that he would be happy to provide status reports on the Fort Road right-of-way litigation matter.
Councilor Aiello stated, for the record, that he is extremely concerned about the integrity of our justice system and local authorities entrusted with the information because it not only affects any potential current victims, but it also affects future victims because who is going to feel comfortable coming forward and submitting anything if they don’t believe that the information is going to be protected. He stated that he is going to formally request that an investigation be launched by this Town Council immediately.
8:07 P.M. Councilor Cordio left the Council Chambers.
5. CONSENT CALENDAR
a. Approval of Minutes
Regular – 6/19/23
Special – 6/14/23 (tabled from 7/10/23)
Motion by
b. Fiscal Matters
Motion by
1. 23/24-5 Resolution Authorizing The Town Manager To Enter Into A Contract With Rowse Architects For Architectural/Engineering Services For The Town Hall Window Replacement ($33,000.00 – ARPA Account)
c. Appointments and Resignations
1. Appointments:
a. Robert M. Serra, Multicultural Committee
Councilor Lowther nominated Robert M. Serra for appointment to the Multicultural Committee.
A vote was taken on the nomination of Robert M. Serra of 19 Canyon Drive for appointment to the Multicultural Committee, to fill the unexpired term of Kate M. Sklarski, term expiring May 2024, and the nomination carried. (So Voted 5 to 0 – Councilors Overton and Cordio absent)
b. Laura Clark, Public Works Committee
Councilor Lowther nominated Laura Clark for re-appointment to the Public Works Committee.
A vote was taken on the nomination of Laura Clark of 33 Perkins Avenue for re-appointment to the Public Works Committee, term expiring August 2025, and the nomination carried. (So Voted 5 to 0 – Councilors Cordio and Overton absent)
c. Paula Brouillette, Board of Finance
Councilor Lowther nominated Paula Brouillette for re-appointment to the Board of Finance.
A vote was taken on the nomination of Paula Brouillette of 10 ½ West Street for re-appointment to the Board of Finance, term expiring September 2028, and the nomination carried. (So Voted 5 to 0 – Councilors Cordio and Overton absent)
d. Laura Clark, Packer of Fish
Councilor Lowther nominated Laura Clark for re-appointment as the Packer of Fish.
A vote was taken on the nomination of Laura Clark of 33 Perkins Avenue for re-appointment as the Packer of Fish, term expiring November 2024, and the nomination carried. (So Voted 5 to 0 – Councilors Cordio and Overton absent)
e. Karen Lentz Madison, Affordable Housing Study Committee (Ad Hoc)
Councilor Lowther nominated Karen Lentz Madison for appointment to the Ad Hoc Affordable Housing Study Committee.
A vote was taken on the nomination of Karen Lentz Madison of 139 Woody Hill Road for appointment to the Ad Hoc Affordable Housing Study Committee for an indefinite term, and the nomination carried. (So Voted 5 to 0 – Councilors Cordio and Overton absent)
Derek Lombard, Affordable Housing Study Committee (Ad Hoc)
Councilor Lowther nominated Derek Lombard for appointment to the Ad Hoc Affordable Housing Study Committee.
A vote was taken on the nomination of Derek Lombard of 29 Sherwood Drive for appointment to the Ad Hoc Affordable Housing Study Committee for an indefinite term, and the nomination carried. (So Voted 5 to 0 – Councilors Cordio and Overton absent)
f. Westerly Marina Study Committee (Ad Hoc)
Councilor Lowther nominated Captain Jason Jarvis for appointment to the Ad Hoc Westerly Marina Study Committee.
A vote was taken on the nomination of Captain Jason Jarvis of 70 Beach Street for appointment to the Ad Hoc Westerly Marina Study Committee for an indefinite term, and the nomination carried. (So Voted 5 to 0 – Councilors Cordio and Overton absent)
6. PUBLIC HEARINGS (Adv. on 7/17/23 for this time)
a. Chapter 2039 – “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)
Motion by
No one appeared in favor or in opposition.
Motion by
b. Chapter 2040 – “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’”
Motion by
No one appeared in favor or in opposition.
Motion by
8:15 P.M. Councilor Cordio returned to the Council Chambers.
7. NEW BUSINESS
a. 23/24-6 Resolution Authorizing The Town Manager To Enter Into A Contract With Fuss & O’Neill, Inc. For Professional Services Related To Planning Assistance For The Pawcatuck River Aquatic Connectivity At Potter Hill Dam Project – Discussion and Possible Action
Motion by
b. 23/24-7 Resolution Of The Town Of Westerly Opposing Senate Bill 2023-0137 And House Bill 2023-H5201 Relating To Towns And Cities – Relief Of Injured And Deceased Fire Fighters And Police Officers Presumption For Heart Disease And Hypertension – Discussion and Possible Action
Motion by
c. Subsidy Requests – Request To Set Policy That Subsidy Requests Be Accompanied By Corresponding Financial Disclosures – Discussion and Possible Action
Discussion was held regarding requests that the Town consider mandating that subsidy applications include three years of 990 completed financial forms or income statements and that the requested financial disclosures be provided to the Board of Finance and the Town Council during the budget process for review.
Motion by
d. Status Of Ad Hoc Affordable Housing Study Committee, Ad Hoc Former Bradford School Site Study Committee, and Ad Hoc Westerly Marina Study Committee – Discussion and Possible Action
Town Council Liaison Lowther reported that the Ad Hoc Affordable Housing Study Committee held its first meeting; that two members of the current seven-member board were absent from the first meeting; and that a vice chair and secretary were appointed. He stated that the committee discussed what it believed are some of the potential outcomes, including Rhode Island Housing and the Municipal Technical Assistance Program consultant that potentially will be assigned to work with the committee. He stated that the next meeting is scheduled for Wednesday, July 26, 2023, and with the two members appointed this evening, the nine-member committee will appoint a chair.
Town Manager Lacey was directed to ask a local legislator to contact legislative services to obtain copies of legislation regarding affordable housing, low- and moderate-income, and tenant rights and to obtain a summary of the development legislation from Town Planner Letendre.
Town Solicitor Conley stated that Town Solicitor Dylan Conley can provide a summary of the relevant legislation.
Town Council Liaison Aiello reported that the Ad Hoc Former Bradford School Site Study Committee has held three meetings and that a site visit is scheduled for Tuesday, July 25, 2023. He stated that representatives from two different playground companies viewed the site; that the committee has been reviewing other parks and recreation sites in Rhode Island; and that individual members are visiting different recreational sites. He stated that the committee is focused on an age-friendly, multi-generational, and universally accessible playground.
Councilor Scialabba expressed concerns with the Ad Hoc Former Bradford School Site Study Committee and distributed information to the Council relating to her concerns.
Councilor Aiello, on a point of order, stated that, if there are concerns or criticisms then he would give the other individual the courtesy of speaking with them outside of a publicly televised meeting so that somethings could be answered appropriately without making accusations. He stated that this agenda item was supposed to be a simple verbal update from the Town Council Liaisons, and he respectfully requested that this be done. He asked for constructive comments and to not stray into social media. He stated that a prior issue has been resolved and that everything is moving along nicely, and that he would like to keep it this way without stirring things up, which was not the intent of the agenda item.
Council President Morrone ruled that Councilor Scialabba has a right to discuss her concerns.
Town Solicitor Conley stated that, if the discussion addresses the status of the committees listed on the agenda, then it is germane to the items on the agenda. He explained that a member can challenge the ruling of the chair, it is then put to a vote, and the committee itself can overrule the chair on a point of order.
Motion by Ms. Aiello, Seconded by Mr. LaPietra, that the ruling of the Chair be upheld. A poll was taken as follows and the motion carried: (So Voted 4 to 3 – Councilors LaPietra, Cordio and Aiello dissented)
YES NO
Overton LaPietra
Scialabba Cordio
Lowther Aiello
Morrone
Councilor Scialabba addressed her concerns.
Councilor Aiello stated, for the record, that he had spoken with the Manager over the past several months about cleaning up the property, firstly, because the Town has failed miserably for the past several years but at no point did the Town Manager say to not do that—not once. He stated, secondly, there is a group of people who care for the Gingerella Skate Park and not a single comment was mentioned about that; that the Misquamicut Business Association cleans up stuff and paints things in Misquamicut and on Shore Road and not a single comment about that; that there are groups that maintain the walking and biking trails on town property and nothing was mentioned about that—nobody gives a hoot because it is being done. He explained that the part of the property that was cleared was on one bank where stairs are located so one could access them to check out the site because it was overgrown and failed to be maintained by the Town. He felt that the Bradford community is being targeted or individuals are being targeted and treated unfairly or disproportionately than other groups throughout town who do similar things without any official agreements. He stated that the Town Manager contacted him and asked him to develop a list of things and that the group will be discussing this at the next opportunity, but it is not something that warrants an emergency meeting. He stated that, if he had been asked, people could have been easily informed. He stated that he has spoken with the Solicitor about everything that he has done with the committee and his basic philosophy is that he is not going to pressure or make people feel that they need to do something, that he wants them to want to do it, noting that the committee is a creative and enthusiastic group who are coming into their own and anyone who is familiar with group or team building would know that it takes a little time for everyone to meld and really work together to get through those stages of initial orientation before the committee starts coming together and really high performing. He stated that the committee has officers, and he would have gladly discussed this if anyone reached out to him. He stated that he is not mandating things on the committee; that the committee is deciding, and that there are two people interested in being the “filer” for the committee; and that the two individuals will visit his house tomorrow to learn how to file [a notice with the Secretary of State]. He stated that the committee is comprised of a very good group of people. He stated that, if people have an issue with him, then talk to him. He explained that the Committee chose not to have a chair or a vice chair; that there is no requirement to do so; and that he discussed this several times with the Town Solicitor. He stated that, if the Committee chooses, it can appoint a committee chair or a rotating chair, noting that it is the committee’s decision. He stated that, before the committee even met, he discussed all of this with the Town Solicitor and that he has not mandated a single thing on this committee, and he fully expects tomorrow for one or two individuals to be filer(s) and that this will be discussed again at the next meeting. He stated that the committee did not want to decide on a secretary without having a full committee present. He explained that the committee sets the rules. He stated that, if the Council wants to tear him down, have fun, but this is a two-way street and having someone sit behind a keyboard making accusations and not treat people the way they want to be treated is hypocritical. He stated that the committee consists of a good group of people. He stated that he tries to keep it positive, creative, and encouraging on this Council. He noted that anyone can contact him directly with any concerns, stating that there is a lot of stuff on social media that he ignores. He stated that, if someone wants respect, then show him some respect.
Town Solicitor Conley stated that, when the Council established the three ad hoc committees, it did not provide specific organization for the committees. He stated that it is up to each committee to organize and that they are obligated to follow the Open Meetings Act and post notices and file meeting minutes.
Town Manager Lacey reported that he received an email regarding clean-up of the site after which he received an email from Councilor Aiello indicating that a group of Bradford residents were performing the clean-up. He stated that he responded to Council Aiello by asking him to provide a list of items that needed to be done so that he could direct Town employees to do the work because of his concern with liability issues.
Town Council Liaison Cordio reported that the Ad Hoc Westerly Marina Study Committee held two meetings and that a chair and secretary were appointed. She stated that this committee is waiting for studies and that remediation and reclamation may cost between $60,000 and $1 million. She stated that the use of the property will definitely be recreational and include a park, Town docks/slips, passive boating, kayak launch, and a boat ramp. She reported that the next meeting is scheduled for the end of August.
e. Residential Zone Short-Term Rental Registration Ordinance (§145-25) – Refer to Planning Board for Review and Recommendation
Motion by
f. Fees In Lieu Of Construction For The Creation Of Additional Low- And Moderate-Income Dwelling Units – Refer to Planning Board and Ad Hoc Affordable Housing Study Committee for Review and Recommendation
Motion by
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
1. Westerly Public Library – Family of Tarzan Brown updated his memorial located in Wilcox Park with a newly enhanced stone and a ceremony was held on Sunday, July 23, 2023 (Councilor Scialabba)
2. Westerly Senior Center – Biggest concern is getting re-paid as soon as possible; wait for reimbursement to pay bills; use to receive payment in the middle of the quarter, but now receive payment at end and the two-week delay has a big impact; requested that they receive an email confirmation that their bills have been received and when payment will be made (Councilor Scialabba)
3. Harbor Management Commission – Held meeting and reviewed the recommendation from the Council regarding the maintenance agreement of the Misquamicut bike path; prepared a draft letter with a recommendation that will be provided to the Council at the next meeting (Councilor Cordio)
4. Chamber of Commerce – River Glow will be held on Saturday, August 5, 2023, from dusk to 10:00 p.m.; Pawcatuck Roofing announced that it will generously donate the cost of roofing materials for the new building expansion; zip line fundraising event scheduled for September 10, 2023, at Foxwoods Highflyers; Business After Hours scheduled for August 9, 2023 from 5:00 p.m. to 7:00 p.m. at the Chamber office (Council President Morrone)
b. Town Council – 7/24/23
None
c. Town Manager – 7/24/23 7/24/23
1. Item #3 7/24/23 – Letter to the Town Manger from Joseph E. Pellegrino holding interest in 302-308 Atlantic Avenue inquiring about the town of Westerly’s interest in the property; there may be an opportunity for consideration of the Town for 310 Atlantic Avenue, which is owned by Mr. Fredric Koch, combing this parcel with the offering of 302-308 Atlantic Avenue – Town Manager Lacey stated that he can meet with the property owners to obtain information as to the selling price. He stated that the properties are located across the street from Wuskenau Town Beach.
4. Item #4 7/24/23 – Letter to the Town Council from Dale Faulkner, Grants Administer, seeking approval to apply for a 2023 Brownfields Remediation and Economic Development Fund Grant from the Department of Environmental Management (DEM) for remediation of the former Westerly Marina at 23 Margin Street for use as a public recreation site – Town Manager Lacey reported that the Town received a free grant for the testing of the site and a remediation plan was developed. He stated that the Town will apply for the $350,000 grant that requires a $70,000 Town match and that the matching funds would be funded through the American Rescue Plan Act (ARPA) funds.
5. Potter Hill Mill Property – Town Manager Lacey stated that he provided the Council with a letter regarding a $150,000 Brownsfield Remediation Grant for the Potter Hill Mill property. He stated that the grant application is due by the end of the month and that he will inform the Council if the Town is awarded the grant.
Motion by Mr. Aiello, Seconded by Mr. Lowther, to waive the 10:00 p.m. curfew (Rule 9(a)) and continue with the meeting. (Voted Unanimously)
d. Town Solicitor
None
e. Town Clerk
1. Request for Special Town Council Meeting – Town Clerk LeBlanc reported that she received a request from four Council members for a Special Meeting on Monday, July 31, 2023, at 5:30 p.m. to discuss a resolution on the Watch Hill Lighthouse.
f. Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)
1. Stand Up for Animals Lease – Council President Morrone requested that the Town Solicitor review the lease and report back to the Council at the August 7, 2023 meeting.
2. Review of Committee/Commission Rules – Councilor Overton requested that a review of all committees/commissions be performed, and that the Council be provided with information as to what committees, if any, do not require the appointment of officers or the keeping of meeting minutes.
3. Westerly Revolving Fund – Councilor Aiello requested that the Town Manager provide the Council with an update on the Westerly Revolving Fund and In Lieu of Fund. Councilors questioned whether the Town has contributed any monies to the Westerly Revolving fund since 2018.
4. Investigations – Councilor Aiello questioned how the Town would proceed in a discussion of a possible investigation into the alleged sharing of confidential information.
Town Solicitor Conley stated that Section 2-1-12 of the Town Charter authorizes the Town Council to conduct investigations into the affairs of the Town and the conduct of any Town department, officers, or agency and for this purpose may hold public hearings, subpoena witnesses, administer oaths, take testimony and require the production of documents or other evidence.
It was discussed that the Council could appoint someone to do fact finding, such as the State Police, and that this issue can be discussed at the next Town Council meeting.
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.
a. Robert Lombardo, Esq., 81 Avondale Rd, represents Stand Up for Animals – re: Meeting between SUFA representatives and Councilor LaPietra; re: Comments made by Kimberly Doescher and Councilor LaPietra; wanted to finish comments started by Kimberly Doescher that she was not allowed to state
b. Tom Micele, 42 Quannacut Rd – re: Thanked Councilor Cordio and other Councilor members for being strong advocates for rights-of-way; re: Watch Hill Lighthouse property access; re: Potter Hill Dam; re: Misquamicut Bike Path gates
c. Lorren Kleinkauf, 63 Bowling Ln – re: Potter Hill Dam; re: Watch Hill Lighthouse property access
COUNCILORS’ RESPONSE
Councilors responded to Citizens’ Comments regarding Council’s interaction with Citizens’ Comments, victims of sexual assault, and the need to establish a code of conduct for Citizens’ Comments.
Councilor Aiello stated, on a point of order, that he completely respects everyone’s opinions, and he concurs with some, and he would like to state things himself, but the Council is getting into a discussion that is not on the agenda. He felt that this should be addressed at another meeting and maybe have the Solicitor be prepared to talk about the parameters of what can happen and should not happen during Citizens’ Comments because there are First Amendment issues and the threshold for elected officials is a bit higher than private citizens. He suggested an overview from the Solicitor be placed on the agenda for proper discussion.
Council President Morrone directed that Citizens’ Comments be placed on the next Council agenda for discussion of procedures.
11. POSSIBLE EXECUTIVE SESSION
Motion by Mr. LaPietra, 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)(2) Litigation – Watch Hill Fire District; and The Watch Hill Conservancy v. Town of Westerly, et al. WC-2023-0190 – Status and Potential Hiring of Outside Legal Counsel; §42-46-5(a)(2) Litigation – In the Matter of Spring Avenue, CRMC No. 20-11-84; §42-46-5(a)(2) Litigation – Roger Hall v. Town of Westerly - C.A. No.: WC-2017-0109. (So Voted 6 to 1 by poll vote – Councilor LaPietra dissented)
10:41 P.M. EXECUTIVE SESSION
The purpose of this Executive Session was to discuss Litigation.
* * * * *
12:09 A.M. Voted Unanimously to adjourn and seal the minutes of this Executive Session.
12:11 A.M. Reconvened Open Session.
Executive Session Report
Council President Morrone announced that the Council, under Litigation, discussed the matter of the Watch Hill Fire District; and The Watch Hill Conservancy v. Town of Westerly, et al. and that a vote of 2 to 5 was taken; under Litigation, discussed the matter of Spring Avenue, CRMC No. 20-11-84, and a unanimous vote was taken; and that the Litigation matter of Roger Hall v. Town of Westerly was continued to the next meeting.
Motion by Mr. Lowther, Seconded by Mr. Aiello, that the Executive Session minutes be sealed. (So Voted 6 to 1 – Councilor LaPietra dissented)
12. ADJOURNMENT
12:12 A.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.