1.     5:34 P.M.  CALL TO ORDER

 

Present:   Pres. Aiello, Vice Pres. Overton

                 Councilors Cordio, LaPietra, Scialabba, Lombardo

                 T. Mgr. Lacey, T. Sol. Conley

                 Co. Clk. LeBlanc, T. Sgt. Falcone

 

Absent:    Councilor Lowther

 

INVOCATION – Councilor LaPietra

 

SALUTE TO THE FLAG – Council President Aiello

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

        RATIFY AND CONFIRM:

 

a.     Congratulations – Robert W. Shulda, Jr.

 

b.     Celebration – “Veterans Day 2023” – November 11, 2023

 

Motion by Mr. Overton, Seconded by Mr. LaPietra, to ratify and confirm the aforesaid resolutions.  (Voted Unanimously)

 

 

 3.    PRESENTATIONS

 

        None

 

Motion by Mr. Overton, Seconded by Mr. LaPietra, to amend the agenda to move to Item 5(c)(2) at this time.  (So Voted 6 to 0 – Councilor Lowther absent)

 

 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.     Brian Macera, 12 Robin Way – re: Habitat for Humanity Cluster Subdivision Proposal in Robin Hills Estates – Requested that the Council table the request for waiver of comprehensive permit and building permit fees; opposed development of 22 units on 11 zoned lots

 

b.     Caroline Contrata, 22 Mariner Heights, Apt. #1 – re: Spring Avenue Right-of-Way hearing before CRMC

 

c.     Colin Penney, 1555 Shannock Rd, Charlestown, RI, Executive Director, Habitat for Humanity – re: Habitat for Humanity Cluster Subdivision Proposal in Robin Hills Estates – requested waiver of comprehensive permit and building permit fees

 

d.     Diane Goldsmith, 73 Shore Rd, Ad Hoc Affordable Housing Study Committee member and a volunteer for Habitat for Humanity – re: Habitat for Humanity affordable housing projects; supported request for waiver of comprehensive permit and building permit fees

 

e.     Edward Eadicicco, 7 Robin Hollow Ln – re: Habitat for Humanity Cluster Subdivision Proposal in Robin Hills Estates – opposed development of 22 units on 11 zoned lots

 

COUNCILORS’ RESPONSE

 

     The Council responded to Citizens’ Comments regarding Habitat for Humanity affordable housing projects, concerns with over development in Town, comprehensive permits, the Planning Board’s approval of the Habitat for Humanity affordable housing project in Robin Hills Estates, and the development of 22 units on 11 zoned lots.

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes

Regular – 11/6/23

Special – 10/23/23

 

Motion by Mr. Overton, Seconded by Ms. Scialabba, that the aforesaid minutes be accepted and approved as printed.  (So Voted 6 to 0 – Councilor Lowther absent)

 

        b.     Fiscal Matters

 

Motion by Mr. Overton, Seconded by Ms. Scialabba, that the following resolutions be adopted.  (So Voted 6 to 0 – Councilor Lowther absent)

 

1.     23/24-31 Resolution Authorizing Deletion To Tax Rolls ($759.02)

 

2.     23/24-32 Resolution Establishing Sewer Debt Service Rate

 

3.     23/24-33 Resolution Authorizing Payment To The Law Office Of Cameron & Mittleman LLP (Litigation matters - $5,712.00)

 

4.     23/24-34 Resolution Authorizing Payment To The Law Office Of Oliverio & Marcaccio LLP (Litigation matters - $770.00)

 

 

        c.     Resignations and Appointments  

 

1.     Resignation:

a.    Lucy Wang, Economic Development Commission

 

Motion by Mr. Overton, 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. Wang.  (So Voted 6 to 0 – Councilor Lowther absent)

 

2.     Appointment:

        a.     Brian Scott Allen, Deputy Town Sergeant – Appointment and Swearing In

 

     Council President Aiello nominated Brian Scott Allen for appointment as Deputy Town Sergeant.

 

A vote was taken on the nomination of Brian Scott Allen of 44 Watch Hill Road for appointment as Deputy Town Sergeant for a term expiring November 2024, and the nomination carried.  (So Vote 6 to 0 – Councilor Lowther absent)

 

     Town Clerk LeBlanc administered the oath of office to Brian Scott Allen. 

 

Motion by Mr. Overton, Seconded by Ms. Cordio, to revert back to Citizens’ Comments at this time.  (So Voted 6 to 0 – Councilor Lowther absent)

 

 

 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:

 

Motion by Ms. Cordio, 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 following resolution:  (So Voted 6 to 0 – Councilor Lowther absent)

 

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, Adopted On November 6, 2023, To Include Appendix H – Discussion and Possible Action

 

Motion by Mr. Overton, Seconded by Ms. Cordio, that the aforesaid resolution be re-adopted to include Appendix H.  (So Voted 6 to 0 – Councilor Lowther absent)

 

b.     Resolution Authorizing The Town To Submit Two Applications Under The RI Department Of Environmental Management Outdoor Recreation Grant Program – Discussion and Possible Action

 

     Town Manager Lacey explained the two matching RI DEM green space grant applications being submitted by the Town. 

 

     Discussion was held regarding use of the recreation grant monies.

 

     It was the consensus of the majority of the Council that the aforesaid resolution be placed on the December 4, 2023 agenda for consideration.  (Councilor Lowther absent)

 

c.     RI DEM Wastewater Treatment Facility Plan Update – Discussion and Possible Action

        (Order Adv. for Public Hearing on 12/18/2023)

 

Motion by Mr. Overton, Seconded by Ms. Cordio, that the aforesaid proposed Facility Plan Update be ordered advertised for public hearing on December 18, 2023.  (So Voted 6 to 0 – Councilor Lowther absent)

 

d.     South County Habitat for Humanity Rhode Island Affordable Housing Project – Request for Waiver of Comprehensive Permit and Building Permit Fees – Discussion and Possible Action

 

Present:  Colin Penney, Executive Director, Habitat for Humanity

 

Motion by Mr. LaPietra, Seconded by Ms. Cordio, that discussion be held on the aforesaid resolution.  (So Voted 6 to 0 – Councilor Lowther absent

 

     Mr. Penney responded to questions from the Council regarding Habitat for Humanity’s affordable housing project in Robin Hills concerning the increase in the number of units from 11 to 22; the responsibility of any Homeowners Associations (HOA) fees; the $45,000 estimated permitting costs; homestead exemptions; the estimated cost to purchase one of the homes in the development; the need for affordable housing in the Town; the number of units allowable under a comprehensive permit; use of “In Lieu of Funds” to offset the waiver of permit fees; access roads to the project; and the importance of buy-ins from the Town.

 

     Town Manager Lacey reviewed the permitting costs for Habitat for Humanity proposed development in Robin Hill based on 22 units, which is attached hereto and made part of the record of these proceedings. 

 

     It was a consensus of the majority of the Council that a resolution be prepared for the December 4, 2023 meeting and placed under Unfinished Business authorizing the waiver of up to $45,000 in comprehensive permit and building permit fees through the use of “In Lieu of Funds.”  (Councilor LaPietra dissented; Councilor Lowther absent)

 

e.     2024 Town Council Meetings Schedule – Discussion and Possible Action

 

Motion by Mr. Overton, Seconded by Ms. Cordio, that the aforesaid 2024 Town Council Meeting Schedule be adopted.  (So Voted 6 to 0 – Councilor Lowther absent)

 

 

 8.    UNFINISHED BUSINESS

 

        None

       

 

 9.    COMMUNICATIONS & REPORTS

 

a.      Liaison Reports

 

        None

 

        b.     Town Council – 11/20/23

 

1.     Fort Road Dredging Project – Councilor Scialabba questioned what the Council could do to help move the dredging project forward.

 

2.     Tower Street Center – Responding to Councilor Scialabba’s request that the Tower Street Center Lease be placed on the December 4, 2023 Town Council agenda, Council President Aiello confirmed that the matter is scheduled for that date.

 

        c.     Town Manager – 11/20/23

 

        None

 

        d.     Town Solicitor

 

        None

 

        e.     Town Clerk

 

1.     Joint Meeting with School Committee – Town Clerk LeBlanc confirmed that the Joint Meeting with the School Committee is scheduled for Monday, December 18, 2023 will commence at 5:00 p.m.

 

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

 

        None

 

        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.     Diane Macera, 12 Robin Way – re: Habitat for Humanity Cluster Subdivision Proposal in Robin Hills Estates; concerned with the development of 22 units on 11 zoned lots

 

b.     Lauren Kleinkauf, 61 Bowling Ln, Bradford – re: New London Day article – concerned with some of the disparaging remarks made about the Town quotes by Councilor Lombardo;

 

c.     Kim Doescher, Bradford – re: July 24, 2023 – Request on July 24, 2023 for Executive Session to address how her private information was publicly released; no response from the Town

 

d.     Marie Algiere, 33 Robin Hollow Ln – re: Habitat for Humanity Cluster Subdivision Proposal in Robin Hills Estates; not against affordable housing but concerned with the development of 22 units on 11 zoned lots; concerned with increased traffic in neighborhood

 

e.     Christina Werner, 44 Robin Hollow Ln – re: Habitat for Humanity Cluster Subdivision Proposal in Robin Hills Estates; not against affordable housing but concerned with the development of 22 units on 11 zoned lots; concerned with increased traffic in neighborhood

 

f.     Mark Doescher, Bradford – re: Former Bradford School Site Study Committee – a lot of bickering amongst committee members; re: Councilor Dylan LaPietra as a member of the Town Council

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens’ Comments regarding Kim Doescher’s comments, Habitat for Humanity’s affordable housing project and concerns with increased traffic; and zoning amendments that take effect January 1, 2024.

 

     Responding to Councilor Cordio with regards to a response to Kim Doescher, Town Solicitor stated that he would like the opportunity to review the Executive Session minutes to see exactly what was authorized by the Council and that he will respond accordingly. 

 

 

11.   POSSIBLE EXECUTIVE SESSION

 

Motion by Ms. Scialabba, 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 – John D’Amato v. Town of Westerly, C.A. No.: WC-2019-0447; §42-46-5(a)(2) Litigation – Trestle Park, LLC v. Town of Westerly, et al., C.A. No.: WC-2023-0227; §42-46-5(a)(2) Litigation – Samuel Karol and Joan Karol v. David B. Thompson, in his capacity as Tax Assessor for the Town of Westerly, C.A. No.: WC-2023-0015; §42-46-5(a)(2) Litigation – Philip C. Strassburger and Brandy L. Northcutt v. David B. Thompson, in his capacity as Tax Assessor for the Town of Westerly, C.A. No.: WC-2023-0012.  (So Voted 5 to 1 by poll vote; Councilor LaPietra dissented; Councilor Lowther absent)

 

Motion by Ms. Scialabba, 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 – Roger Hall v. Town of Westerly, C.A. No.: WC-2017-0109; §42-46-5(a)(5) Land Acquisition; and §42-46-5(a)(2) Litigation – Town of Westerly v. One Parcel of Realty, Commonly Known as 460 Bradford Road Located at Parcel ID 15, Lot 14, and BPF Realty, LLC - C.A. No.: WC-2018-0298.  (So Voted 4 to 1 by poll vote – Councilor LaPietra dissented; Councilor Lowther absent and Councilor Lombardo recused himself due to a possible conflict of interest because he has represented parties in all three matters.)

 

7:55 P.M.  EXECUTIVE SESSION

 

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

 

*                    *                    *                    *                    *

 

8:45 P.M.  Voted Unanimously to adjourn and seal the minutes of this Executive Session. 

 

8:48 P.M.  Reconvened Open Session.  (Councilors Lowther and Lombardo absent)

 

Executive Session Report

 

     Council President Aiello announced that the Council, under Litigation, discussed the matters of John D’Amato v. Town of Westerly, Roger Hall v. Town of Westerly, Trestle Park, LLC v. Town of Westerly, et al, Samuel Karol and Joan Karol v. David B. Thompson, in his capacity as Tax Assessor for the Town of Westerly, Philip C. Strassburger and Brandy L. Northcutt v. David B. Thompson, in his capacity as Tax Assessor for the Town of Westerly, and Town of Westerly v. One Parcel of Realty, Commonly Known as 460 Bradford Road Located at Parcel ID 15, Lot 14, and BPF Realty, LLC and Land Acquisition and that no votes were taken; that Councilor Overton recused from discussion on the matter of Trestle Park, LLC v. Town of Westerly; and that the Council voted unanimously to seal the Executive Session minutes.

 

 

12.   ADJOURNMENT

 

        8:50 P.M.  Voted Unanimously to adjourn.

 

 

 

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