1.     5:33 P.M.  CALL TO ORDER

 

Present:   Pres. Morrone, Vice Pres. Lowther

                 Councilors Overton, Aiello, Cordio, LaPietra, Scialabba

                 T. Mgr. Lacey, T. Sol. D. Conley

                 Co. Clk. LeBlanc, T. Sgt. Falcone

 

INVOCATION – Councilor Scialabba

 

SALUTE TO THE FLAG – Council President Morrone

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

        a.     Congratulations – The Westerly High School Boys Lacrosse Team, RI Interscholastic League 2023 Division 3 Championship

 

     Coach Stephen Schaus and members of the Westerly High School Boys Lacrosse Team were present to accept the resolution, read aloud by Councilor Aiello.

 

        b.     Condolences – James Larry Steadman

 

     No one was present to accept the resolution, read aloud by Council President Morrone.

 

        RATIFY AND CONFIRM:

 

        c.     Congratulations – Thomas A. Nall, Honor Flight

 

 

 3.    PRESENTATIONS

 

               None

 

 

 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.     Caroline Contrata, 22 Marina Heights, Apt #1 – re: Item 7(a) Access, Care and Maintenance Agreement of Atlantic Avenue, Property Opposite Misquamicut State Beach Westerly; felt that the Conservation Commission and Harbor Management Commission should have reviewed the agreement prior to Council consideration

 

b.     Colleen Callahan, 12 Elm St, representing The United Theatre – re: $75,000 American Rescue Plan Act (ARPA) request – sought Council support

 

c.     Benjamin Weber, 4 Blossom Court – re: Harbor Management Plan; Item 7(a) Access, Care and Maintenance Agreement of Atlantic Avenue, Property Opposite Misquamicut State Beach Westerly – asked that agreement be referred to the Harbor Management Commission prior to Council consideration; concerns with loss of rights-of-way/public access

 

d.     Joseph MacAndrew, 1 Sosoa Ln, Chair, Conservation Commission – re: Thanked Council for sending Fort Road right-of-way to CRMC seeking state designation; re: Item 7(a) Access, Care and Maintenance Agreement of Atlantic Avenue, Property Opposite Misquamicut State Beach Westerly; concerns with loss of rights-of-way/public access – need more access to Winnapaug Pond

 

e.     Gina T. Fuller, 19 Moriah Dr, District Manager for Southern Rhode Island Conservation District – re: Item 7(a) Access, Care and Maintenance Agreement of Atlantic Avenue, Property Opposite Misquamicut State Beach Westerly; concerns with loss of rights-of-way/public access; re: $125,000 American Rescue Plan Act (ARPA) request – Riverfront (Main Street) Renewal Project – sought Council support

 

f.     Jonathan Daly-LaBelle, 22 Top St – re: Golden Rule Peace Ship

 

g.     Frank Ritacco, 20 Tower St, Board Member, Ocean Community Chamber of Commerce – re: $150,000 American Rescue Plan Act (ARPA) request – sought Council support

 

h.     Lisa Konicki, Executive Director, and John Layton, Ocean Community Chamber of Commerce – re: $150,000 American Rescue Plan Act (ARPA) request – sought Council support; submitted a Petition in support of allocation of $150,000 ARPA Federal Funds towards Ocean Community Chamber of Commerce (OCCC) building expansion

 

i.      Daniel Davidson, 216 Carolina Nooseneck Rd, Richmond, RI – re: Item 7(a) Access, Care and Maintenance Agreement of Atlantic Avenue, Property Opposite Misquamicut State Beach Westerly – opposes; concerns with blocked public access to Winnapaug Pond; asked Council to take action to remove gates

 

j.      Robert Delaney, 6 East Stuart St, representing Dunns Corners Fire District – re: $171,069 American Rescue Plan Act (ARPA) request – sought Council support

 

k.     Paul Gencarella, Jr., 2 Starview Ln, representing Dunns Corners Fire District – re: $171,069 American Rescue Plan Act (ARPA) request – sought Council suppport

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens’ Comments regarding the Ocean Community Chamber of Commerce’s subsidy and American Rescue Plan Act (ARPA) request; lobbying; the difference between 501C3 and 501C6 organizations; The United Theatre’s American Rescue Plan Act (ARPA) request; Access, Care and Maintenance Agreement of Atlantic Avenue, Property Opposite Misquamicut State Beach and public access to Winnapaug Pond; Southern Rhode Island Conservation District’s American Rescue Plan Act (ARPA) request; Golden Rule Peace Ship; Juneteenth holiday; and all submitted American Rescue Plan Act (ARPA) requests.

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes

 

                       None

 

        b.     Fiscal Matters

 

                       None

 

        c.     Resignation and Appointments

 

                1.     Resignations:

a.     Kate M. Sklarski, Multicultural Committee

 

Motion by Mr. Aiello, 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 Ms. Sklarski.  (Voted Unanimously)

 

                2.     Appointments:

a.     Housing Authority

 

     Councilor Lowther nominated Gary S. Murano for re-appointment to the Housing Authority Board.

 

A vote was taken on the nomination of Gary S. Murano of 20 Hobart Street for re-appointment to the Housing Authority Board, term expiring May 2028, and the nomination carried.  (Voted Unanimously)

 

b.     Zoning Board

 

     Councilor Lowther nominated Larry Burns for re-appointment to the Zoning Board.

 

A vote was taken on the nomination of Larry Burns of 2 St. Andrews Terrace for re-appointment to the Zoning Board, term expiring June 2028, and the nomination carried.  (Voted Unanimously)

 

c.     Architectural Review Board

 

     Councilor Lowther nominated Nancy N. Richmond for re-appointment to the Architectural Review Board.

 

A vote was taken on the nomination of Nancy N. Richmond of 5B Quartz Drive for re-appointment to the Architectural Review Board, term expiring July 2026, and the nomination carried.  (Voted Unanimously)

 

d.     Architectural Review Board

 

     Councilor Lowther nominated Marco Tommasini for re-appointment to the Architectural Review Board.

 

A vote was taken on the nomination of Marco Tommasini of 38 Margin Street for re-appointment to the Architectural Review Board, term expiring July 2026, and the nomination carried.  (Voted Unanimously)

 

 

 6.    PUBLIC HEARINGS (Adv. on 6/12/23 for this time)

       

a.     Chapter 2038 – “An Ordinance In Amendment Of Article XX, Veterans ‘Rolls of Honor’ Memorial Committee Of Chapter 5 Of The Westerly Code Of Ordinances Entitled ‘Boards, Committees And Commissions’” (Amend § 5-89 Officers; quorum; compensation and § 5-90 Duties)

       

Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the public hearing be opened.  (Voted Unanimously)

 

     No one appeared in favor or in opposition.

 

Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the public hearing be closed.  (Voted Unanimously)

 

Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the aforesaid ordinance be adopted.  (Voted Unanimously)

 

 

 7.    NEW BUSINESS

 

a.     Access, Care and Maintenance Agreement of Atlantic Avenue, Property Opposite Misquamicut State Beach Westerly – Vote Authorizing Town Manager To Enter Into Agreement – Discussion and Possible Action

 

     Town Manager Lacey explained the Atlantic Avenue Bike Path, stating that all three traffic lanes were shifted closer to the Misquamicut State Beach to allow for the 12-foot-wide paved bike path without having to widen Atlantic Avenue.  He stated that benches, kiosk, signs and a stone marker were installed and that the State now wants the Town to obtain approval before anything else is installed.  He stated that the no parking area located directly across from the exit of the State Beach has been maintained by the Town for years, noting that it is used for EMS staging.  He explained that there are two access areas with gates, one to a swimming area across from the west end of the State Beach parking lot and two located at the left- and right-hand sides of the retention pond.  He stated that the gates were designed and approved by DEM and that DEM sent an updated agreement regarding access and maintenance.  He stated that the agreement can be forwarded to the Harbor Management Commission for review.  He noted that vehicular access is denied on the State-owned property and that the public should park at the State Beach and then walk to the Winnapaug Pond kayak launch area.

 

     Discussion was held regarding the May 2005 perpetual easement relating to the retention pond; a suggestion for a crosswalk directly from the State Beach parking lot to the kayak launch; the Bike Path grant and the design of the path; public access to the pond; liability; and opening and unlocking of the gates.

 

     Council President Morrone read into the record the names of the following individuals who submitted correspondence in opposition to the aforesaid agreement:  Daniel King and Daniel Davidson. 

 

     Councilor Aiello asked that the Town get confirmation from RIDEM that the retention pond gates can be unlocked.

 

Motion by Ms. Cordio, Seconded by Mr. Overton, that the Access, Care and Maintenance Agreement of Atlantic Avenue, property opposite Misquamicut State Beach Westerly be referred to the Harbor Management Commission for review and recommendation to the Town Council.  (Voted Unanimously)

 

b.     Resolution Of The Westerly Town Council Welcoming The Golden Rule Peace Boat To Rhode Island In Support Of A Nuclear Free World – Discussion and Possible Action

 

     Councilor Aiello distributed an amended resolution for Council consideration.

 

Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the amended resolution be adopted. 

 

     Councilor Aiello withdrew his motion and Ms. Scialabba withdrew her second.

 

Motion by Mr. Aiello, Seconded by Mr. Lowther, that the amended resolution be placed on the July 10, 2023 agenda for consideration.  (Voted Unanimously)

 

 

 8.    UNFINISHED BUSINESS

 

a.     ARPA Funding Allocations – Discussion and Possible Action

 

     Council President Morrone stated that all American Rescue Plan Act (“ARPA”) funds have to be allocated by December 31, 2024 and that those allocations must be spent by December 31, 2025. 

 

     Councilors discussed the $40,000 American Rescue Plan Act funding request by RICAN and all Councilors agreed to consider allocating $15,000. 

 

     Councilors discussed the $171,069 American Rescue Plan Act funding request by the Dunns Corners Fire District and a majority of Councilors agreed to consider allocating $32,000.  (Councilors LaPietra and Cordio dissented)

 

     Councilors rejected the $500,000 American Rescue Plan Act funding request by Wood River Health Services.

 

     All Councilors agreed to consider allocating $225,000 of American Rescue Plan Act funds to Westerly Armory Restoration, Inc.   

 

     All Councilors agreed to consider allocating $34,578.76 of American Rescue Plan Act funds for the purchase of surveillance cameras for the Town’s pumping stations and well fields.

 

     Councilors rejected the $500,000 American Rescue Plan Act funding request by Dakota Partners and Affiliates.

 

     Councilors discussed the $150,000 American Rescue Plan Act funding request by the Ocean Community Chamber of Commerce and a majority of Councilors agreed to consider allocating $50,000.  (Councilors Scialabba and Lowther and Council President Morrone dissented)

 

     A majority of Councilors agreed to consider allocating $9,177 of American Rescue Plan Act funds to the Olean Center.  (Councilor LaPietra dissented)

 

     Councilors discussed the $104,675.15 American Rescue Plan Act funding request by the Westerly Ambulance Corps and a majority of Councilors agreed to consider allocating $52,337.58.  (Councilor LaPietra dissented) 

 

     Councilors rejected the $75,000 American Rescue Plan Act funding request by The United Theatre.

 

     Councilors rejected the $75,000 American Rescue Plan Act funding request by the Ocean Community YMCA.

 

     Councilors rejected the $20,000 American Rescue Plan Act funding request by The Colonial Theatre.

 

     All Councilors agreed to consider allocating $15,000 of American Rescue Plan Act funds to the Westerly Education Center. 

 

     Councilors discussed the $500,000 American Rescue Plan Act funding request for the Potter Hill Dam Project and all Councilors agreed to consider allocating $100,000. 

 

     Councilors discussed the $90,000 American Rescue Plan Act funding request by WBLQ and a majority of Councilors agreed to consider allocating $25,000.  (Councilors Cordio and Aiello dissented)

 

     Councilors rejected the $119,000 American Rescue Plan Act funding request to refurbish the basketball court and to convert the tennis court to a pickle ball court at the former Tower Street School.

 

     Councilors discussed the $500,000 American Rescue Plan Act funding request for the Bradford Recreation Complex and all Councilors agreed to consider allocating $100,000. 

 

     Councilors discussed the $500,000 American Rescue Plan Act funding request by the Southern Rhode Island Conservation District A majority of Councilors agreed to consider allocating $125,000 of American Rescue Plan Act funds to.  (Councilor Cordio recused herself due to a possible conflict of interest being that her daughter works at a summer camp run by the Southern Rhode Island Conservation District. 

 

     All Councilors agreed to consider allocating $500,000 of American Rescue Plan Act funds for the Bowling Lane Infrastructure Improvements Project. 

 

     It was directed that the request for up to $200,000 of American Rescue Plan Act funds for the potential purchase of the Canal Street property owned by Roger Hall be postponed until the Council receives an update in an Executive Session on July 10, 2023 regarding the pending litigation involving this property.

 

Motion by Mr. Lowther, Seconded by Mr. LaPietra, that the following American Rescue Plan Act funding allocations be approved:  (Voted Unanimously)

 

 

     Council President Morrone entered into the record correspondence from the Greater Bradford Community Development Association in support of the $500,000 ARPA request for the Bradford Sports Complex/Playground and the $500,000 APRA request for the Bowling Lane Infrastructure Improvements Project, which are attached hereto and made part of the record of these proceedings. 

 

 

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.     Economic Development Commission – The Commission is pleased that the Route One Corridor Study has been referred to the Planning Board for review  (Councilor Scialabba)

 

2.     Harbor Management Commission – Newly appointed commission will hold its first meeting this week  (Councilor Cordio)

 

3.     Conservation Commission – Meeting held this week; Chair Joseph MacAndrew working with Town Manager Lacey and the Municipal Land Trust to open up the Laurel Whiteley preserve by the Town Forest for more public green space  (Councilor Cordio)

 

4.     Public Works Committee – Meeting held last week; Jacobs Engineering made a presentation on the Wastewater Treatment Plant – will make presentation to Town Council on July 10, 2023; Committee voted to recommend that the Council support the next step in the project  (Councilor Aiello)

 

5.     Ad Hoc Former Bradford School Site Study Committee – Held an orientation meeting; will work with Town Manager Lacey regarding questions that arose at meeting; Committee thanks Council for its support; hoping to make it the first fully accessible recreational playground for the Town  (Councilor Aiello)

 

6.     Ad Hoc Westerly Marina Study Committee – Will be an open seat on the Committee  (Councilor Lowther)

 

7.     Ad Hoc Affordable Housing Study Committee – Two open seats exist on the Committee (Councilor Lowther)

 

     The Town Clerk was directed to reopen the application process for the aforesaid committee.

 

        b.     Town Council – 6/19/23, 6/5/23

 

        None

 

        c.     Town Manager – 6/19/23, 6/5/23

 

1.     Item #1 6/5/23 – Report from ACLU (American Civil Liberties Union) Rhode Island, dated May 2023 – re: Remote Access to Public Meetings Post-Covid: A Review of Rhode Island City and Town Councils and School Committee – Town Manager Lacey reported that the Town falls within the criteria because it televises the Planning Board, Zoning Board, Town Council and School Committee meetings on the Internet and local cable and radio stations. 

 

2.     Item #2 6/5/23 – Correspondence from Senator Jack Reed, dated May 10, 2023 – re: FY2024 Congressionally Directed Spending Letter For Consideration – Town Manager Lacey reported that the Town’s request for Congressionally Directed Spending has been advanced to the Senate Appropriations Committee for consideration. 

 

3.     Item #3 6/5/23 – Report from Interim Finance Director Cindy Kirchhoff, dated June 1, 2023 – re: FYE June 30, 2023 Finance Director’s Report, Year to Date as of 3/31/2023 – Town Manager Lacey reported that the Town’s projected surplus is approximately $1.35 million.

 

4.     Item #4 6/5/23 – Correspondence from Gina T. Fuller, Southern Rhode Island Conservation District, dated June 1, 2023 – re: Request for Additional ARPA Funds for the Resilient Riverfront Renewal Project – Town Manager Lacey stated that the aforesaid ARPA request was addressed under New Business.

 

5.     Item #1 6/19/23 – Memo from Krista Tracy, Registrar/Clerk, Board of Canvassers, dated June 5, 2023 – re: Westerly High School voter Registration Drive on June 6, 2023 – Town Manager Lacey noted the aforesaid correspondence and stated that the Canvassing Department distributed approximately 80 voter registration forms to students. 

 

6.     Item #2 6/19/23 – Monthly Report, May 2023 – From Shawn Lacey, dated June 6, 2023 – re: Monthly Department Head Reports – Town Manager Lacey stated that the Council was provided with a copy of the Department Head reports for May 2023.

 

     Discussion was held regarding Short-Term Rentals and the need for a tracking program, the penalty for failure to register, and the Department of Business Regulations registration program.

 

        d.     Town Solicitor – 6/5/23

 

1.     Oral Status on Spring Avenue Extension Right-of-Way – CRMC Hearing

 

     Town Solicitor Conley provided the Council with an update on the Spring Avenue right-of-way proceedings that are before the CRMC Right-of-Way Subcommittee. 

 

        e.     Town Clerk

 

        None

 

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

 

1.     Finance Director Vacant Position – Councilor LaPietra asked that the Town hire an outside search firm to fill the vacant position of Finance Director.

 

     Town Manager Lacey reported that an offer has been made to an individual who has been a Finance Director for various municipalities and is scheduled to start within a week and a half.   

 

2.     Potter Hill Dam – Councilor Lowther requested that the Council discuss the next steps for the Potter Hill Dam.

 

3.     Town Council Rules of Procedure – Councilor Aiello stated that he will be suggesting changes to the Town Council Rules of Procedure and will present his amendments in writing to the Town Clerk.

 

4.     Church Street Project – Councilor Aiello stated that he will prepare a draft resolution for Council consideration regarding the Church Street project and will ask for Council support in sending the resolution to RIDOT requesting completion of the Church Street project by installing sidewalks on the north side of the street and repaving the road. 

 

5.     Fort Road Litigation – Councilor Cordio requested that the Council discuss the potential hiring of outside legal counsel to handle the Fort Road litigation matter.

 

        g.     Requests of Town Manager by Councilors

 

1.     Repaving of Route 91 – Councilor Aiello requested that the Council be provided with an update on the repaving of Route 91 -- the section of Bradford Road from the River Bridge to Church Street.

 

2.     Economic Development Commission – Councilor Aiello questioned the possibility of allowing members of the Economic Development Commission to attend job fairs/business conventions to promote the Town of Westerly and whether there were any liability issues.

 

3.     Vacant Town Positions – Councilor Aiello requested that the Council receive notification when key Town positions are filled.

 

 

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.     Benjamin Weber, 3 Blossom Ct – re: Thanked Council for sending the Access, Care and Maintenance Agreement of Atlantic Avenue, Property Opposite Misquamicut State Beach Westerly to the Harbor Management Commission for review; blocked access to Winnapaug Pond; re: Spring Ave right-of-way update by Town Solicitor; hiring of outside counsel to handle right-of-way litigation

 

b.     Daniel Davidson, Richmond, RI – re: Item 7(a) Access, Care and Maintenance Agreement of Atlantic Avenue, Property Opposite Misquamicut State Beach Westerly – blocked access to Winnapaug Pond; re: Spring Avenue right-of-way

 

c.     Jonathan Daly-LaBelle, 22 Top St – re: Golden Rule Peace Ship – nuclear-free world; re: American Rescue Plan Act (ARPA) requests; June 5, 2023 Town Council meeting regarding discussion on the regulation of books

 

Motion by Ms. Scialabba, Seconded by Mr. Aiello, to waive the 10:00 p.m. curfew (Rule 9(a)) and continue with the meeting.  (Voted Unanimously)

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens’ Comments regarding the Federal debt and spending and American Rescue Plan Act (ARPA) funding, the limited time to speak under Citizens’ Comments, and coastal access.

 

 

11.   POSSIBLE EXECUTIVE SESSION

 

Motion by Mr. Aiello, Seconded by Ms. Scialabba, 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.  (So Voted 6 to 0 by poll vote – Councilor LaPietra dissented)

 

10:06 P.M.  EXECUTIVE SESSION

 

     The purpose of this Executive Session was to discuss Litigation.

 

*                    *                    *                    *                   *

 

10:33 P.M.  Voted Unanimously to adjourn and seal the minutes of this Executive Session. 

 

        10:35 P.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 unanimous vote was taken.

 

Motion by Mr. Aiello, Seconded by Mr. Lowther, that the Executive Session minutes be sealed.  A poll vote was taken as follows and the motion carried:  (So Voted 6 to 1 by poll vote – Councilor LaPietra dissented)

 

 

12.   ADJOURNMENT

 

        10:36 P.M.  Voted Unanimously to adjourn.

 

 

 

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