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| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | MARCH 20, 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, Aiello, Cordio, LaPietra, Scialabba
T. Mgr. Lacey, T. Sol. D. Conley
Co. Clk. LeBlanc, T. Sgt. Falcone
Absent:
INVOCATION – Councilor Aiello
SALUTE TO THE FLAG – Council President Morrone
2. RECOGNITIONS, AWARDS & MEMORIALS
a. Condolences – Willis A. “Dusty” Edgecomb
The family of Willis A. “Dusty” Edgecomb was present to accept the aforesaid resolution, read aloud by Councilor Aiello.
b. Condolences – Joseph J. Parrilla, Esq.
Mr. and Mrs. Kenneth were present to accept the aforesaid resolution, read aloud by Council President Morrone.
c. Congratulations – Cameron Hanf, Eagle Scout Award
No one was present to accept the aforesaid resolution, read aloud by Councilor Lowther.
d. Proclamation – “Small Business Week” – April 30 through May 6, 2023
No one was present to accept the aforesaid resolution, read aloud by Councilor LaPietra.
3. PRESENTATIONS
a. RI Airport Corporation (RIAC) – Westerly State Airport – Discussion
Present: John J. Goodman, Assistant Vice President, Media and Public Relations, RIAC
Brittany Morgan, Esq., Chief Legal Counsel & Chief of Staff, RIAC
Mr. Goodman and Ms. Morgan gave a PowerPoint presentation which is attached hereto and made of the record of these proceedings. Mr. Goodman gave a brief history on the Westerly State Airport and emphasized that there is no effort or interest in expanding or extending the runways. He stated that there are currently runway displacements due to obstructive trees. The presentation addressed Westerly State Airport operational statistics; how RIAC balances interest of various stakeholders (FAA, State of RI, Airport host municipalities, pilots/stakeholders, and neighbors); how significant community and town input was sought and received to develop the GA Strategic Business Plan; that RIAC continues to subsidize the General Aviation Airports; that Federal Government has exclusive jurisdiction over airspace; that NTSB cited trees as a factor in a 2003 fatal crash at Westerly State Airport; that tall trees at the end of the runways pose life safety issues at the airport; that Airport Area Overlay Zoning was required by State law since 1999; that Westerly implemented Airport Zoning Overlay and enforcement is critical; the FAA-directed process to certify clear runway ends; and that RIAC engages in robust community education efforts with the next “Town Hall Zoom Meeting” scheduled for April 19, 2023.
Discussion was held regarding a question of liability responsibilities for known airport obstructions, such as trees, that are not removed; the $1.3 million deficit and how the inability to remove obstructions affects Federal funding; how the current height of trees displaces the runway; flight training/school at Westerly State Airport; public engagement and forums with municipalities; strategic business plan for Westerly; outreach to municipalities; the Town of Westerly’s overlay zoning; expansion of runway approach areas and airspace; the physical distance of the runway and the displaced threshold; Aeronautical Manual, paragraph 2.3.3, Runway Markings regarding displaced threshold; navigation systems at Westerly State Airport; the 2017 lawsuit of which the Town is not a named party; Stantec maps regarding the clear cutting of trees; tree replacement with other types of vegetation; development of parcels in effort to increase revenues; avigation easements from property owners; and takeoff and landing of larger aircraft as a result of tree removal.
Councilor Cordio requested that RIAC submit a copy of Stantec’s map, which is different from the Town’s GIS airport overlay map, to the Town’s Zoning Official and Zoning Board.
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. Sally Lawlor, 8 Bucks Trail, property owner of 5 Donross Drive – re: Westerly State Airport – distributed before and after pictures of RIAC tree removal and land grubbing in 2005 near 5 Donross Drive
b. Christopher Lawlor, 8 Bucks Trail – re: Westerly State Airport – Stantec Study – Alternative 1 and 2; submitted a letter from Alan R. Andrade, RIAC, to Town Council President James Silvestri, dated May 15, 2017; submitted a memorandum from former Town Manager Derrik Kennedy to Alan Andrade, RIAC, dated May 24, 2017
c. Hatsy Moore, 32 Yosemite Valley Rd – re: Westerly State Airport; submitted photographs showing trees removed from the Ocean Sate Chamber of Commerce property in Spring 2013; submitted Town Council Resolution #20/21-76, adopted April 12, 2021; submitted copy of Avigation Easement Agreement, dated May 10, 2001
d. Lawrence DePasquale, 22 Charles Ave – re: Westerly State Airport – noise abatement and safety issues
e. Francine Grossman, 49 Ward Ave – re: Westerly High School Turf Project – opposes
f. Thomas Miceli, 42 Quannacut Rd – re: Westerly High School Turf Project – opposes; re: Sand Trail right-of-way resolution (Item 7c) – supports; re: Spring Avenue right-of-way and request for CRMC recognition
g. Greg Fessenden, 47 Ward Ave – re: Westerly High School Turf Project – opposes
h. Jean Gagnier, 6 Narragansett Ave, President, Wilcox East Neighborhood Association – re: Westerly High School Turf Project – concerns with intensification of use; re: RIAC
i. Joseph MacAndrew, 1 Sosoa Ln, Chairman of Conservation Commission – re: Sand Trail right-of-way resolution (Item 7c) – supports; re: RIAC – concerns with increase in air traffic, noise, low altitude flying planes and night flights
j. Benjamin Weber, 3 Blossom Ct – re: Sand Trail right-of-way resolution (Item 7c) – supports; re: letter regarding Fort Road right-of-way on Town Manager Report; re: APRA requests for surveys of rights-of-way – not maintained by Town
k. Jennifer Giordano, 33 Trolley Ln – re: RIAC; proposed removal of trees that are same height as Winnapaug Road water tower; noise concerns
l. Anthony Palazzolo, Jr., 365 Pendleton Hill Rd, North Stonington, CT – re: RIAC – tree removal; submitted copy of RIAC Westerly Airport map; submitted GIS map of Airport Overlay; submitted Westerly Code of Ordinance § 26-76 Airports/heliports; re: Town rights-of-way markings – Fort Road is unmarked; submitted copy of Resolution #08/08-67; submitted GIS map of Atlantic Avenue
m. James Malardo, 104 South Woody Hill Rd, representing RI Mobile SportFishermen – re: Fort Road – marking of rights-of-way; re: Sand Trail right-of-way resolution (Item 7c) – supports
n. Jennifer Britton, 27 Yarmouth Dr – re: RIAC – concerns with flight paths not being followed
o. Michael Palazzolo, 3 Cone St – re: RIAC – tree removal and possible confliction zone
p. John Carson, Sr., 153 High St, #27 – re: Westerly High School Turf Project – supports
q. Nadine Davidson, 325 South Woody Hill Rd – re: Sand Trail right-of-way resolution (Item 7c) – supports; re: Westerly High School Turf Project – opposes
COUNCILORS’ RESPONSE
Councilors responded to Citizens’ Comments regarding the Westerly High School Turf Project; the Sand Trail right-of-way resolution; Fort Road right-of-way; markings of rights-of-way; and the Westerly State Airport.
It was requested that RIAC provide the Council with information as to who is responsible for enforcement of flight paths and the process for same, a copy of Stantec’s final report regarding Option 2, a copy of the 2005 report for tree removal at the Westerly State Airport, and tonight’s PowerPoint presentation.
It was requested that all Town rights-of-way be marked as stated in the Town’s Comprehensive Plan.
President Morrone stated that all documents submitted under Citizens’ Comments regarding the Westerly State Airport will be provided to RIAC.
8:25 P.M. FIFTEEN-MINUTE RECESS
8:40 P.M. RECONVENED
5. CONSENT CALENDAR
a. Approval of Minutes
Regular – 2/13/23, 2/27/23
Special – 3/8/23
Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the corrected February 13, 2023 and February 27, 2023 Regular Meeting minutes and the March 8, 2023 Special Meeting minutes be accepted and approved as printed. (Voted Unanimously)
b. Fiscal Matters
Motion by Mr. Overton, Seconded by Mr. Aiello, that the following resolutions be adopted. (Voted Unanimously)
1. 22/23-50 Resolution Authorizing The Addition To The Pro-Rated Tax Roll ($2,786.47)
2. 22/23-51 Resolution Authorizing Deletion to Tax Rolls ($8,456.51)
3. 22/23-52 Resolution Authorizing Change Order No. 1 For Town Road Crack Sealing (Sealcoating Inc. / DBA Indus – for the approximate amount of $60,000.00)
Town Manager Lacey stated that he will provide the Council with a list of the roads being seal-coated.
c. Appointments and Resignations
1. Appointments:
Councilor Lowther nominated Joseph Nigrelli, Jr. for re-appointment to the Licensing Board.
A vote was taken on the nomination of Joseph Nigrelli, Jr. of 10 Canal St, Unit 41 for re-appointment to the Licensing Board, term expiring March 2026, and the nomination carried. (Voted Unanimously)
b. Veterans ‘Rolls of Honor’ Memorial Committee
Councilor Lowther nominated Alan Peck for appointment to the Veterans ‘Rolls of Honor’ Memorial Committee.
A vote was taken on the nomination of Alan Peck of 220 Bradford Road, Bradford for appointment as 1st Alternate to the Veterans ‘Rolls of Honor’ Memorial Committee to fill the unexpired term of Alcino Almeida, term expiring September 2026, and the nomination carried. (Voted Unanimously)
Councilor Lowther nominated Amy Cornelius for appointment to the Housing Authority Board.
A vote was taken on the nomination of Amy Cornelius of 48 Beatrice Street for appointment to the Housing Authority to fill the unexpired term of Donna L. Spelman, term expiring May 2027, and the nomination carried. (Voted Unanimously)
d. Director of Soldiers’ & Sailors’ Graves
Councilor Lowther nominated William G. Siano for re-appointment as Director of Soldiers’ & Sailors’ Graves.
A vote was taken on the nomination of William M. Siano of 5 Shetland Drive, Bradford for re-appointment as Director of Soldiers’ & Sailors’ Graves, term expiring December 2024, and the nomination carried. (Voted Unanimously)
Councilor Lowther nominated Lyne Marie Cornacchio for appointment to the Municipal Land Trust.
A vote was taken on the nomination of Lyne Marie Cornacchio of 15 Lake Side Drive for appointment to the Municipal Land Trust, term expiring December 2027, and the nomination carried. (Voted Unanimously)
f. Harbor Management Commission
The aforesaid appointments were deferred to the next Town Council Liaison Appointments Committee meeting.
6. PUBLIC HEARINGS (Adv. on 3/13/23 for this time)
a. Proposed Ordinance – “An Ordinance Authorizing The Transfer Of Funds To Support Westerly Public Schools Field Funding, Contingent On Funding From Other Sources” (Unassigned Fund Balance Account – Not to Exceed $500,000.00) – Discussion and Possible Action
Present: Ed Haik, Chair, Board of Recreation
Motion by Ms. Cordio, 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 Mr. LaPietra, that the public hearing be closed. (Voted Unanimously)
Motion by Mr. Aiello, Seconded by Mr. LaPietra, that the aforesaid proposed ordinance be denied. A poll vote was taken as follows and the motion carried: (So Voted 7 to 0)
YES NO
LaPietra
Overton
Scialabba
Lowther
Cordio
Aiello
Morrone
7. NEW BUSINESS
a. 22/23-56 Resolution Of The Westerly Town Council Authorizing the Use Of Funds Toward The Westerly Public Schools Capital Project For Synthetic Turf Fields At The Westerly High School Campus For Augeri Field And The Quad – Discussion and Possible Action
Present: Ed Haik, Chair, Board of Recreation
Motion by Mr. Aiello, Seconded by Ms. Cordio, that the aforesaid resolution be adopted.
Councilor Overton suggested that funds be placed in a restricted account so if the project does not proceed the funds will revert back to the Town.
Motion by Mr. LaPietra, Seconded by Mr. Aiello, that the main motion be amended by removing the language “and The Quad” in the RESOLVED paragraph and to only fund Augeri Field.
Town Solicitor Conley explained that the resolution, in and of itself, is insufficient to actually fund any of the stated purposes. He stated that some level of analysis would need to be done to determine what control, if any, this Council has once the funds are designated. He stated that this resolution does not amount to funding because of the source of the funds and that, procedurally, an ordinance will be needed prior to funding.
A poll was taken on the motion to amend and the motion failed: (Voted 5 to 2 – Councilors Overton, Scialabba, Lowther, Cordio and Council President Morrone dissented)
YES NO
LaPietra Overton
Aiello Scialabba
Lowther
Cordio
Morrone
Discussion was held regarding the source of funding for the project.
Motion by Mr. Aiello, Seconded by Mr. LaPietra, that the main motion be amended by adding the language “only after the other funding sources are fully obligated” at the end of the third WHEREAS. A poll vote was taken as follows and the motion failed: (Voted 2 to 5 – Councilors LaPietra, Scialabba, Lowther, Cordio and Council President Morrone dissented)
YES NO
Overton LaPietra
Aiello Scialabba
Lowther
Cordio
Morrone
A poll vote was taken on the main motion and the motion carried: (Voted Unanimously)
YES NO
LaPietra
Overton
Scialabba
Lowther
Cordio
Aiello
Morrone
b. 22/23-53 Resolution Authorizing The Town Of Westerly To Enter Into A Fee Agreement With Rhode Island Resource Recovery Corporation ($58.50 per ton/FY 2024; $63.00 per ton/FY 2025; $115.00 per ton in excess of cap) – Discussion and Possible Action
Town Manager Lacey explained the aforesaid resolution, stating that Rhode Island Resource Recovery Corporation’s rates have increased slightly, which will go into effect on July 1, 2023, so the Town will have to adjust its pricing accordingly.
Motion by Mr. Aiello, Seconded by Mr. Lowther, that the aforesaid resolution be adopted. (Voted Unanimously)
c. 22/23-54 Resolution Of The Town Of Westerly In Support Of The Coastal Resources Management Council’s (CRMC) Possible Designation Of The Sand Trail As A CRMC Recognized Right-Of-Way (ROW) – Discussion and Possible Action
Motion by Mr. Aiello, Seconded by Mr. LaPietra, that the aforesaid resolution be adopted. (Voted Unanimously)
d. 22/23-55 Resolution Authorizing The Town Of Westerly To Issue Not To Exceed $50,000,000 General Obligation Bonds, Notes And Other Evidences Of Indebtedness To Finance The Construction, Renovation, Improvement, Alteration, Repair, Furnishing And Equipping Of Schools And School Facilities Throughout The Town – Discussion and Possible Action
Town Manager Lacey stated that the voters approved the $50,000,000 bond in November 2022 and that the aforesaid resolution is the final step in the bond process that allows the Town to move forward with issuing debt.
Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the aforesaid resolution be adopted. (Voted Unanimously)
8. UNFINISHED BUSINESS
a. Resolution Endorsing The Route One Commercial Corridor Study (“ROCC”) And Authorizing The “ROCC” And Planning Board To Prepare Comprehensive Plan And Ordinance Revisions For Town Council Consideration – Discussion And Possible Action
(Tabled from 2/13/2023)
Motion by Ms. Scialabba, Seconded by Mr. Overton, that the aforesaid resolution be taken from the table. (Voted Unanimously)
Councilor Aiello, on a point of order, stated that the aforesaid resolution was deferred to a series of workshops to discuss the Route One Corridor Study before it was to be brought back before the Council for consideration. He stated that the study’s recommendation to extend the sewer line down Route One was removed, but the cascade effect of this action is unknown. He stated that a workshop has not been held with the Economic Development Commission; that he felt it would be out of order to consider the aforesaid resolution; and that the Council would need to amend or rescind the vote taken at the February 13, 2023 Council meeting in order to consider the aforesaid resolution. He entered into the record an e-mail he sent on March 20, 2023 to Council President Morrone and Town Solicitor William Conley which is attached hereto and made part of the record of these proceedings.
Town Solicitor Conley stated that he has reviewed the corrected February 13, 2023 Council meeting minutes and the Town Council Rules of Procedure and that the Council’s preceding motion to take the Resolution from the table is perfectly appropriate so it can be heard at this time. He stated that there is no procedural issue to prevent the Council from voting on the aforesaid resolution as presented.
Discussion was held regarding a request that the resolution be delayed for five weeks for discussion in May.
Motion by Mr. LaPietra, Seconded by Mr. Aiello, that the aforesaid resolution be delayed for five weeks. A poll vote was taken and the motion carried: (So Voted 4 to 3 – Councilors Scialabba and Lowther and Council President Morrone dissented)
YES NO
LaPietra Scialabba
Overton Lowther
Aiello Morrone
Cordio
9. COMMUNICATIONS & REPORTS
a. Liaison Reports
1. Economic Development Commission – Commission has met with the Council and extended an invitation for Councilors to contact Commission members and attend their meetings, but no one has (Councilor Scialabba)
2. Senior Citizens Center – Wants Council to focus on the budget and the issue of salaries; looking for a response as to use of the State Street School as an additional storage location (Councilor Scialabba)
3. Conservation Commission – Met last week; identifying four locations for the installation of bike racks – three at rights-of-ways and one at the Town Forest; Town Manager acted quickly to correct flooding issues at the Town Forest parking lot that needed gravel and grading (Councilor Cordio)
b. Town Council – 3/20/23
None
c. Town Manager – 3/20/23
1. Item #1 3/20/23 – Correspondence to Ms. Chesebrough, Town of Stonington First Selectman, sent March 15, 2023 – re: Letter of Support for Funding to Assist the Town of Stonington with the Creation of a Riverfront Park in Pawcatuck, CT – Town Manager Lacey stated that the Town is supporting the Town of Stonington’s efforts in seeking grant funding to create a recreation area. He stated that the Town of Westerly owns the property that contains a well site that is capped and can no longer be used under an agreement with RI Energy (formerly National Grid).
Councilor Aiello requested that the Council be provided with a copy of the agreement between the Town of Westerly and National Grid, who paid the Town not to use the property as a well site, along with a copy of document that contains stipulations for the property.
2. Item #4 3/20/23 – Correspondence to Jeffrey M. Willis, RI CRMC Executive Director, send March 13, 2023 re: Application 2022-11-010, Formal Request that the Watch Hill Yacht Club’s Dredging project application specifically include the Town of Westerly Right-of-Way known as Fort Road – Town Manager Lacey noted the aforesaid correspondence.
3. Item #5 3/20/23 – Correspondence to Jeffrey M. Willis, RI CRMC Executive Director, sent March 13, 2023 re: Everett Avenue Right-of-Way – Councilor Cordio stated that the resolution sent to CRMC was not the correct resolution adopted by the Town Council. He stated that the correct resolution has been forwarded to CRMC and that CRMC has confirmed receipt of the corrected document.
4. Item #2 3/20/23 – Correspondence to Robert Rocchio, P.E., RIDOT Chief Engineer, from Sean Raymond, P.E., State Traffic Commission Secretary, received March 13, 2023 – re: Request from RIDOT to eliminate the northbound passing zone in the vicinity of the Timber Creek RV Resort driveway (118 Dunn’s Corner Road) in Westerly – Town Manager Lacey stated that the State is asking if the Town has any opinion on the aforesaid change.
d. Town Solicitor
1. Newly Elected Town Council – Town Solicitor Dylan Conley stated that this is his first meeting with the newly-elected Council, and he looks forward to working with them.
e. Town Clerk
None
f. Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)
1. Fort Road – Councilor Overton requested that the matter of the Fort Road right-of-way be brought back before the Council. He stated that he voted in favor of directing the Town Manager to provide the Council with documents, including maps, as to the location and history of Fort Road right-of-way, but he now wants to change his vote from yes to no. He stated that, since the Council is not in favor of conducting a survey of the road, he is comfortable with the maps that were attached to the 2008 adopted resolution declaring Fort Road as a right-of-way.
g. Requests of Town Manager by Councilors
1. Rights-of-Way – Councilor LaPietra stated that the Comprehensive Plan calls for all Town designated rights-of-way to be marked. He asked that the Town Manager mark the three remaining Town designated rights-of-way, being 8 Atlantic Avenue West, One Avondale Road A14 and 3 Fort Road.
2. FY2024 Budget Preparation – Councilor Aiello requested that the Council be provided with the amount of School Maintenance of Effort in consideration of declining enrollment.
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 Chiaradio, Jr., 86B Quannacut Rd – re: Submitted and addressed a letter written by two members of the Westerly’s Anti-Racism Coalition, along with accompanying petition, to School Committee Chair Robert Cillino, dated March 3, 2023; one signer of petition is Council Vice President Lowther
b. Benjamin Weber, 3 Blossom Ct, member of the Conservation Commission – re: Fort Road right-of-way – Town designated right-of-way; referenced 2008 Town Council Resolution regarding Fort Road right-of-way
c. Anthony Palazzollo, Jr., 285 Pendleton Hill Rd, North Stonington, CT – re: Fort Road right-of-way – Town designated right-of-way
Motion by Mr. Aiello, Seconded by Mr. Overton, to waive Rule #9(a) and extend the 10:00 p.m. curfew and continue with the meeting. (Voted Unanimously)
d. Ellen Kane, 76 Winnapaug Rd – re: Request for consistency in signage/granite posts, crosswalks along Atlantic Avenue for Town recognized rights-of-way; requested all Town recognized rights-of-way be sent to CRMC; Fort Road right-of-way
COUNCILORS’ RESPONSE
Councilors responded to Citizens’ Comments regarding First Amendment rights; Fort Road right-of-way and marking of same; and defamatory speech.
11. ADJOURNMENT
10:10 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.