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| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | NOVEMBER 6, 2023 | 5:30 P.M. |
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1. 5:34 P.M. CALL TO ORDER
Present: Pres. Aiello, Vice Pres. Overton
Councilors Lowther, Cordio, LaPietra, Lombardo
T. Mgr. Lacey, T. Sol. Conley
Co. Clk. LeBlanc
Absent: Councilor Scialabba (arrived 6:15 p.m.)
T. Sgt. Falcone
INVOCATION – Councilor LaPietra
SALUTE TO THE FLAG – Council President Aiello
2. RECOGNITIONS, AWARDS & MEMORIALS
a. Proclamation – “Small Business Saturday” – November 25, 2023
The aforesaid proclamation will be forwarded to Small Business Saturday, read aloud by Councilor LaPietra.
RATIFY AND CONFIRM:
b. Proclamation – “National Veterans Small Business Week” - October 30th thru November 3rd, 2023
Members of the Amancio-Falcone-Gaccione VFW were present to accept the resolution, read aloud by Councilor Overton.
Motion by Ms. Cordio, Seconded by Mr. Overton, to ratify and confirm the aforesaid proclamation. (Voted Unanimously)
3. PRESENTATIONS
a. RI Semiquincentennial “250th” Commission – Lauren Fogarty, Program Coordinator
Present: Lauren Fogarty, Program Coordinator, RI Semiquincentennial “250th” Commission
Senator Victoria Gu
Ms. Fogarty stated that in 2026, the country will mark the 250th anniversary of the signing of the Declaration of Independence. She stated that she is present on behalf of Secretary of State Greg Amore to bring attention to this tremendous opportunity for each community across the State and the nation alike to celebrate this event. She explained that the RI250 Commission has been charged with developing ways to recognize and honor this anniversary in our State and its mission is to commemorate the 250th anniversary of the nation. She stated that one of the duties of the commission is to collaborate with local organizations to promote the pivotal role that Rhode Island played in the founding of our country. She invited Westerly to organize events and programming for the 250th anniversary to encourage public participation and events that highlight Rhode Island’s diversity. She stated that Secretary of State Amore envisions coordinated projects with each municipality that include pop-up archive presentations, and, in addition, he also hopes to coordinate projects with each municipality including an Evergreen Program such as the planting of elm trees in the town greens. She urged the Council to extend planning for the semiquincentennial to mark the nation’s 250th anniversary.
Senator Gu stated that Rhode Island has a unique place in history as one of the original thirteen colonies founded on religious freedom and individual liberty. She stated that Westerly has a lot of history and heritage to share and that the Town, which was incorporated in 1669, is the fifth oldest town in the State. She stated that she supports the creation of this 250th anniversary committee and will support any of the Town’s efforts to celebrate this event.
Town Council President Aiello stated that Town Manager Lacey will keep the Council informed and updated.
b. Habitat For Humanity – Colin Penney, Executive Director
Present: Colin Penney, Executive Director, Habitat for Humanity
Mr. Penney gave a PowerPoint presentation on Habitat for Humanity that explained the organization, what is a Habitat home, the 99-year renewable ground lease, and qualification criteria. He addressed the next 22 single-family home development planned in Robin Hills and sought a waiver of comprehensive permit and building permit fees for said project. He stated that the organization will be asking the State for ARPA funds. He stated that this project is estimated at $9 million.
Discussion was held regarding USDA interest rates; appreciation rate; affordable projects by Habitat; and the average cost of a Habitat home.
c. Westerly Planning Board – Justin Hopkins, Chair
1. 2022/2023 Planning Board Annual Report
2. 2023-2024 Planning Board Projects and Priorities
Present: Justin Hopkins, Chair, Planning Board
Nancy Letendre, Town Planner
Mr. Hopkins reviewed highlights of the Planning Board over the past year, stating that the Board welcomed four new Planning Board members, held 16 meetings, and reviewed 31 projects. He reviewed the 2022/2023 Highlights of the Planning Board’s Annual Report that included the Route 1 Corridor Study and partnership with the Southern Rhode Island Conservation District on a Downtown stormwater project. He stated that 2023/2024 priorities include implementation of the Route 1 Corridor Plan, modification to the Town’s Comprehensive Plan, and review of ordinance revisions for Comprehensive Permits and housing sections of the ordinance. He noted that the Planning Board did not issue many advisory opinions to the Town Council in the last year. He encouraged continued clarity of the requested advisory opinion which will help the board narrow its discussion and focus.
Discussion was held regarding Comprehensive Permit amendments with respect to the Route One Corridor Study; Planning Board’s Advisory Opinion regarding “Fee in Lieu Of” and inclusionary zoning and potential use of those funds; density bonus; and affordable housing and Comprehensive Permits.
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. Theodore Rice, 22 Cross St, member of the Ad Hoc Affordable Housing Study Committee – re: Supports Habitat for Humanity affordable housing project
b. Daniel Marantz, 33 Urso Dr, Past President of Habitat for Humanity – re: Supports Habitat for Humanity affordable housing project
c. Phillip Sheffield, 12 Nauyaug Point Rd, Mystic, CT – re: Requests permitted parking on public roads for anglers and beach walkers after October 15th; Napatree Point access
d. Philo Willetts, 5 Yarmouth Dr – re: Recommendation for negotiated agreement with Watch Hill about Napatree Point access, road and right-of-way issue; correspondence provided to the Council on the November 6, 2023 Town Council report
e. Ellen Kane, 76 Winnapaug Rd – re: 11/6/23 Town Council Report – Item #7 – Access to Public Records Act (“APRA”) Request from Alex Nunes for Town Solicitor Conley Invoices; 11/6/23 Town Solicitor Report – Item #1 – From Office of Attorney General – Chiaradio v. Town of Westerly, PR 16-17 (Investigation into Access to Public Records Act (“APRA”) complaint
f. Joseph MacAndrew, 1 Sosa Ln, Chair, Conservation Commission – re: 11/6/23 Town Council Report – Item #7 – Access to Public Records Act (“APRA”) Request from Alex Nunes for Town Solicitor Conley Invoices
6:58 P.M. Councilor Lombardo left the Council Chambers.
g. Thomas McGuire, 6 Hydrangea Dr – re: Watch Hill Lighthouse public access; right-of-way and public access; Fort Road right-of-way
h. Thomas Micele, 42 Quannancut Rd – re: Rights-of-way access; shoreline parking and access; Fort Road right-of-way; Watch Hill Lighthouse public access; need for drop off areas for beach access
i. Ryan Connolly, 86 East Ave – re: Former Council Member Edward Morrone – Payment from Watch Hill Fire District; possible conflict of interest; re: Article I, Section 17 of the RI Constitution – re: Public access to the shore
COUNCILORS’ RESPONSE
The Council responded to Citizens’ Comments regarding Westerly voters; Town Solicitor Conley invoices; Fort Road right-of-way; public shoreline access; closed session matters; Habitat for Humanity’s affordable housing projects; transparency; Access to Public Records Act (“APRA”) request, redacted information, and Attorney General ruling; and Town’s parking ordinance and parking restrictions from May 1st through October 15th.
5. CONSENT CALENDAR
a. Approval of Minutes
Regular – 3/6/23 (Revised), 10/2/23, 10/16/23
Executive – 10/16/23 (Sealed)
Motion by Mr. Overton, Seconded by Ms. Cordio, that the aforesaid minutes be accepted and approved as printed and that the Executive Session minutes be sealed. (So Voted 6 to 0 – Councilor Lombardo absent)
b. Fiscal Matters
Motion by Mr. Overton, Seconded by Mr. LaPietra, that the following resolution be adopted.
Motion by Ms. Scialabba, Seconded by Mr. Overton, that the motion be amended to state that the appointment of an Acting Probate Court Judge is for one specific probate estate pending before the Westerly Probate Court. (So Voted 6 to 0 – Councilor Lombardo absent)
A motion was taken on the main motion, as amended, and the motion carried. (So Voted 6 to 0 – Councilor Lombardo absent)
1. 23/24-28 Resolution Appointing An Acting Probate Court Judge
c. Resignations and Appointments
1. Resignations:
a. David Giorno, Planning Board
Motion by Mr. Overton, Seconded by Mr. LaPietra, that the aforesaid resignation be accepted with regret and that the Council Clerk be directed to send a letter of appreciation to Mr. Giorno. (So Voted 6 to 0 – Councilor Lombardo absent)
b. Sophie R. Long, Ad Hoc Former Bradford School Site Study Committee
Motion by Mr. LaPietra, Seconded by Mr. Overton, that the aforesaid resignation be postponed indefinitely. (So Voted 5 to 1 – Councilor Scialabba dissented; Councilor Lombardo absent)
7:43 P.M. Councilor Lombardo returned to the Council Chambers.
2. Appointment:
a. Council Liaison for Emergency Services/First Responder Organizations (Non-Municipal)
Council President Aiello made the following Town Council Liaison Appointment:
Council Liaison for Emergency Services/First Responder Organizations (Non-Municipal)
Councilor Dylan J. LaPietra
6. PUBLIC HEARINGS
None
7. NEW BUSINESS
Suspend Town Council Rules Of Procedure – Rule 9(d) – Council Operations To Discuss And Consider The Following Item:
a. 23/24-29 Resolution Authorizing The Town Manager To Enter Into A Contract With Jacobs Project Management Company For The Design Plan Of The Westerly Wastewater Treatment Plant Facility – Discussion and Possible Action
Motion by Mr. LaPietra, Seconded by Mr. Overton, that Rule 9(d) of the Town Council Rules of Procedure, which states, “Any matter of new business, which has been considered favorably by the Council, will be moved to the following meeting for consideration,” be suspended in order to discuss and consider the aforesaid resolution. (So Voted 6 to 1 – Councilor Lombardo dissented)
Motion by Mr. Overton, Seconded by
Suspend Town Council Rules Of Procedure – Rule 9(d) – Council Operations To Discuss And Consider The Following Item:
b. 23/24-30 Resolution Authorizing The Town Manager To Enter Into A Contract With The University Of Rhode Island For Pawcatuck River Restoration Well Assessments – Discussion and Possible Action
Motion by Mr. LaPietra, Seconded by Mr. Overton, that Rule 9(d) of the Town Council Rules of Procedure, which states, “Any matter of new business, which has been considered favorably by the Council, will be moved to the following meeting for consideration,” be suspended in order to discuss and consider the aforesaid resolution. (Voted Unanimously)
Motion by Mr. LaPietra, Seconded by Mr. Overton, that the aforesaid resolution be adopted. (Voted Unanimously)
8. UNFINISHED BUSINESS
None
9. COMMUNICATIONS & REPORTS
a. Liaison Reports
1. Affordable Housing Study Committee (Ad Hoc) – Committee met last week; Town Planner Letendre gave an updated overview of the legal issues that have changed in the Town’s planning process due to changes in State law; discussing how to achieve the State’s 10% affordable housing requirement versus how much it would help the Town to lower the price of market-rate housing or add additional units; trying to make housing more affordable; consultant from RI Housing is starting to work with Planning office and will do some local engagements starting in December (Councilor Lowther)
2. Potter Hill Mill and Dam Site – Public Information Forum scheduled for Tuesday, November 14, 2023, at 6:00 p.m. at Westerly Library to learn more about Potter Hill Dam Study (Councilor LaPietra)
3. Board of Recreation – Board gave Town employee Gary Murano high praise for how great the fields look; expressed concern about the lack of recreation space they will receive at Tower Street Center and hoped for more space; no space for recreation basketball at the current time (Councilor Scialabba)
4. Harbor Management Commission – Reviewing the Harbor Management Plan; touched on parking at last meeting; maybe some minor revisions; will look for CRMC approval (Councilor Scialabba)
b. Town Council – 11/6/23
1. Item # 4 11/6/23 – From Senator Victoria Gu – re: RI Association of Railroad Passengers – Discussion on Connecticut’s latest study on connecting their commuter rail to Westerly Train Station to be held November 8, 2023 from 6:00 p.m. to 7:30 p.m. at the Westerly Education Center – Council President Aiello noted that aforesaid meeting.
c. Town Manager – 11/6/23
None
d. Town Solicitor – 11/6/23
None
e. Town Clerk
1. Rhode Island Ethics Training – Town Clerk LeBlanc reminded the Council of the ethics training offered to all boards, committees and commissions on Wednesday, November 15, 2023, at 5:30 p.m. in the Council Chambers.
f. Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)
1. Affordable Housing Study Committee (Ad Hoc) – Councilor Lowther stated that he would like the Affordable Housing Study Committee to make a presentation to the Council in December.
2. Roger Hall Property – Councilor Scialabba requested that the Council be provided with an update in Executive Session on the aforesaid property located on Canal Street.
Council President Aiello stated that the aforesaid matter is scheduled for Executive Session on November 20, 2023, along with the Atlantic Avenue property.
3. Town Council Rules of Procedure – Councilor Scialabba requested that the Town Council Rules of Procedure be placed on the next Council agenda for an overview of the rules.
Council President Aiello stated that the Town Solicitor was provided with information from Councilor Cordio, which he is reviewing, and that he plans to provide him with additional information this week for review. He stated that the matter is tentatively scheduled for the November 20, 2023 Council meeting and, if not, at a December meeting.
Councilor Lowther requested that the Council include in the proposed amendments the newly added Council liaison positions and the new Ad Hoc committees. He stated that the Council also needs to address Council decorum when dealing with each other and the public.
Council President Aiello directed that any suggested amendments to the Council Rules of Procedure be forwarded to the Town Clerk by Friday, November 17, 2023, which will then be forwarded to the Town Solicitor.
4. Tower Street Center Project – Councilor Scialabba stated that she would like the Council to provide the Royce Family Fund with some indication of the Council’s thoughts on the project because of the limited time before the current contract expires.
Town Solicitor Conley reported that, today, the land use issues were discussed with the Planning and Zoning staff; that, on Friday, he received drafts of bylaws and a declaration; and that, today, he was promised to receive the first draft of the lease within two days. He stated that he emphasized that it was the Council’s intention to be able to address this matter by November 20, 2023.
Council President Aiello stated that the goal is to address this matter on November 20, 2023; however, there are two more meetings in December, or a special meeting can be held. He stated that there is always the option to extend the existing lease.
5. Habitat for Humanity – Councilor Cordio requested that the Council discuss the request for waiver of building permit fees for the Habitat for Humanity affordable housing project.
6. Zoning Ordinance regarding Parking – Responding to Councilor Cordio, Council President Aiello suggested that she work with the Town Manager and the Town Solicitor for any potential changes for presentation to the Town Council.
7. Trestle Park Litigation – Councilor Scialabba requested that the Council be provided with an update on the aforesaid litigation matter in Executive Session on November 20, 2023.
8. Westerly Middle School Matter – Councilor Lowther requested that the October 19, 2023 email he forwarded to the Town Council be placed on the next Town Council report.
g. Requests of Town Manager by Councilors
1. Senior Tax Exemptions – Councilor LaPietra requested the opportunity to review Senior Tax Exemptions applications for the last two years.
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. Mark Doescher, 58 Beatrice St – re: Transfer Station Operations and recycling disposal area; re: Speeding concerns on Canal Street; Downtown lighting
COUNCILORS’ RESPONSE
Councilor responded to Citizens’ Comments regarding Canal Street parking; Hilltop Café parking, pedestrian crosswalks, and Downtown lighting.
11. POSSIBLE EXECUTIVE SESSION
Motion by Mr. Overton, Seconded by Ms. Cordio, 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 – Brayman, et al v. Town of Westerly – C.A. No.: WC- 2016-0334; §42-46-5(a)(2) Litigation – Kathleen Wood v. Town of Westerly, William Terranova C.A. No.: WC-2020-0275; §42-46-5(a)(2) Litigation – Kathleen McGrath v. Town of Westerly and Pace Organization of Rhode Island C.A. No.: WC-2021-0553; §42-46-5(a)(2) Litigation – Timothy Costa v. Town of Westerly and John Doe 1-4, C.A. No.: PC-2016-0397; and §42-46-5(a)(2) Litigation – Lane, et al v. Town of Westerly – C.A. No.: WM- 2020-539; Watch Hill Fire District v. Town of Westerly; In the Matter of Weekapagu Right of Way; and in the Matter of Spring Ave . (Voted Unanimously by poll vote)
8:34 P.M. EXECUTIVE SESSION
The purpose of this Executive Session was to discuss Litigation.
* * * * *
10:47 P.M. Voted Unanimously to adjourn and seal the minutes of this Executive Session.
10:50 P.M. Reconvened Open Session.
Executive Session Report
Council President Aiello announced that the Council, under Litigation, discussed the matter of Brayman, et al v. Town of Westerly and that a vote* was taken; the matter of Kathleen Wood v. Town of Westerly, William Terranova and that a vote* was taken; the matter of Kathleen McGrath v. Town of Westerly and Pace Organization of Rhode Island and that a vote* was taken; the matter of Timothy Costa v. Town of Westerly and John Doe and that a vote* was taken; and the matter of Lane, et al v. Town of Westerly and that a vote* was taken. He announced that the Council was provided with updates in the matters of Watch Hill Fire District; and The Watch Hill Conservancy v. Town of Westerly, et al, Weekepaug Right of Way, CRMC No. 2020-11-085, and Spring Avenue, CRMC No. 2020-11-084 and that the Council voted unanimously to seal the Executive Session minutes.
*Pursuant to RIGL § 42-46-4, “…a vote taken in executive session need not be disclosed for the period of time during which its disclosure would jeopardize any strategy, negotiation or investigation undertaken pursuant to discussions conducted under § 42-46-5(a).”
12. ADJOURNMENT
10:52 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.