1.     5:31 P.M.  CALL TO ORDER

 

Present:   Pres. Aiello

                 Councilors Lowther, Cordio, LaPietra, Scialabba, Lombardo

                 T. Mgr. Lacey, T. Sol. Conley

                 Co. Clk. LeBlanc, T. Sgt. Falcone

 

Absent:    Vice Pres. Overton

 

INVOCATION – Councilor Cordio

 

SALUTE TO THE FLAG – Council President Aiello

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

        None

 

 

 3.    PRESENTATIONS

 

a.     Former Tower Street School Reuse Study Update - Discussion

 

Present:   Mary Nash Rusher, Esq., Managing Partner, Mcquire Woods, LLP, Raleigh, NC

                 Meg Lyons, Architect

                 Nicholas Moore, Esq., Secretary and In-House Legal Counsel, Royce Family Fund, Inc.

                 Thomas Liguori, Esq., representing Royce Family Fund, Inc.

 

     Attorney Moore stated that the Royce Family Fund entered into a lease/purchase agreement whereby the Royce Family Fund would coordinate a community-wide assessment of future uses of the former Tower Street School property and an evaluation of said uses.  He stated that the current proposal is a single building that could be filled with multi-use not-for-profit tenants that could serve together for the betterment of the community.  He reported that, at the conclusion of the last public forum, the Royce Family Fund promised to come before the Council with its recommendation of the next steps for the study.  He introduced Attorney Rusher, stating that she and her firm were charged with writing and presenting (1) a long-term land lease use and (2) a Special Purpose Entity (SPE).  He stated that the long-term land lease allows the Town to continue its ownership of the property and the SPE allows a newly formed sole purpose entity to control and raise the funds necessary to design, construct and operate the proposed building.  He explained that, while the Town is part of the SPE, it is recommended that the Town not control the SPE but rather the SPE solicit and raise charitable donations.  He stated that the hope is for the Council to have the Town Solicitor review and negotiate the terms being proposed and that it would be in place prior to the expiration of the current lease on December 31, 2023.  He stated that the group would like to form the entity and advance the terms of the long-term land lease to a full-blown contract.

 

    Attorney Rusher explained new market tax credits, stating that they are not available for this project but some of the concepts involved of creating a SPE that has its own 501(3)(c) enables it to do fundraising from institutions and foundations that are willing to make donations to non-profits.  She reported that, over the past months, she has been speaking with groups, including representatives from the Town, Westerly Education Center and Wood River Healthcare.  She stated that discussions included the Town’s involvement in the project regarding the (1) ground lease that provides a method of control as to how the grounds will be used, explaining that the Town would transfer ground tenancy to the nonprofit, and (2) the Town Manager and the School Superintendent being voting directors of the SPE.  She addressed the key provisions of the Ground Lease and the key elements of the newly formed nonprofit corporation to be known as Tower Street Center, Inc., which is attached hereto and made of the record of these proceedings.  She explained the Special Purpose Entity (SPE).  She stated that the project cannot start until funding is in place and that the goal today is to obtain permission to get started.

 

     The Council posed questions and concerns regarding the exemption of real and personal property taxes; liability of the Town-owned land; subleases; entities’ cost percentages; the 99-year Ground Lease; sublease tenants specific term leases; extension of current lease; rent paid by Town of Westerly; Town’s ability to seek grant funding; need for a housing element; requirements of RIGL § 45-53-10 – repurposing of vacant schools for affordable housing program; the need for more information of the proposed project and the need for the Council to see the final plans; conceptual square footage area for anchor tenants; the number of SPE board members; design and construction regulations; zoning ordinance amendments and approved uses; early lease termination; the option to purchase; a two-story structure with possible housing on second floor; the need for indoor gathering spaces; the name of the entity as the Tower Street Center, Inc.; the landlord’s (SPE) mortgage; size and scope of the proposed building in a residential neighborhood; other possible locations for affordable housing; before and after school programs; a large-scale indoor and outdoor recreational facility; and the proposed tenants and uses of the building.

 

     Town Manager Lacey reported that the Town is currently applying for and receiving grants for the project and that the Town will continue to apply for grants.  He explained that rent will be used to maintain the property and will be based on the square footage.  He stated that the Council needs to decide what it wants on the property, either housing or a community center, but not both because of the size of the property.  He stated that, if the Council agrees with the conception, the parties should be allowed to move forward to negotiate the terms.   

 

     Ms. Lyons addressed the proposed layout of the two-story building.

 

     Attorney Liguori addressed proposed uses of the building and possible tenants, stating that discussions showed an interest in a large-scale-indoor and outdoor recreational facility, healthcare, and daycare.  He questioned the prioritization of use of the property.  He addressed state government funding. 

 

     Council President Aiello stated that a workshop will be scheduled for Monday, October 23, 2023, dedicated for this topic only.

 

     Town Solicitor Conley stated that he will review the Ground Lease and terms and prepare a pre-meeting memorandum for the Council regarding legal issues.

 

 

 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.     Carla White, 71 Pierce St, Executive Director, The Greater North End Community Development, Inc. – re: Town Subsidy grants for non-profits

 

b.     Robert Terranova, 1 Mohawk Court – re: Former Tower Street School Reuse project – supports proposed uses discussed at community forums and opposes affordable multi-family housing units at the site

 

c.     Joanna Valentini, Chairman of the Board, Ocean Community Chamber of Commerce – re: Proposed Subsidy Policy & Process and Application

 

d.     Maria DiMaggio, Membership & Operations Director, Ocean Community Chamber of Commerce – re: Proposed Subsidy Policy & Process and Application

 

COUNCILORS’ RESPONSE

 

     The Council responded to Citizens’ Comments regarding Town subsidy grants for non-profits, the former Town Street School Reuse project, and the proposed subsidy policy & process and application.

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes

Regular – 9/11/23

 

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

 

        b.     Fiscal Matters

 

        None

 

        c.     Appointments and Resignations  

 

1.     Appointments:

 

a.     Conservation Commission

 

     Councilor Lowther nominated John Rago for appointment to the Conservation Commission.

 

A vote was taken on the nomination of John Rago of 8 Thomas Lane for appointment to the Conservation Commission, to fill the unexpired term of Benjamin A. Weber, term expiring July 2024, and the nomination carried.  (So Voted 6 to 0 – Councilor Overton absent)

    

b.     Concerts on the Beach Committee

 

     Councilor Lowther nominated Jessica Johnson for appointment to Concerts on the Beach Committee.

 

A vote was taken on the nomination of Jessica Johnson of 121 Cross Street for appointment to the Concerts on the Beach Committee, term expiring November 2028, and the nomination carried.  (So Voted 6 to 0 – Councilor Overton absent)

    

c.     Ad Hoc Affordable Housing Study Committee

 

     Councilor Lowther nominated Alexandra L. Healy for appointment to the Ad Hoc Affordable Housing Study Committee.

 

A vote was taken on the nomination of Alexandra L. Healy of 101 Bowling Lane, Bradford for appointment to the Ad Hoc Affordable Housing Study Committee for an indefinite term, and the nomination carried.  (So Voted 6 to 0 – Councilor Overton absent)

 

 

 6.    PUBLIC HEARINGS

 

               None

 

 

 7.    NEW BUSINESS

 

a.     Proposed Ordinance – “An Ordinance Transferring Appropriations To Adjust Various Departments Based On Projected Results As Presented To Council on 10/2/2023 In Accordance With Article 3-1-7 (a) And 3-1-7 (d) Of The Westerly Town Charter” (From General Fund Unreserved Fund Balance And Enterprise Fund:  Transfer Station Unreserved Fund Balance to Various Departments, Subsidy, And Enterprise Fund:  Transfer Station)

        (Order Adv. for Public Hearing on 10/16/23)

 

Motion by Ms. Cordio, Seconded by Mr. Lowther, that the aforesaid proposed ordinance be ordered advertised for public hearing on October 16, 2023.  (So Voted 6 to 0 – Councilor Overton absent)

 

b.     Proposed Ordinance – “An Ordinance Transferring Appropriations To Adjust Various Departments Based On Projected Results As Presented To Council on 10/2/2023 In Accordance With Article 3-1-7 (a) And 3-1-7 (d) Of The Westerly Town Charter” (From Enterprise Fund Unreserved Fund Balance to Water Capital & Restricted and Sewer Capital & Restricted)

        (Order Adv. for Public Hearing on 10/16/23)

 

Motion by Ms. Cordio, Seconded by Ms. Scialabba, that the aforesaid proposed ordinance be ordered advertised for public hearing on October 16, 2023.  (So Voted 6 to 0 – Councilor Overton absent)

 

c.     Proposed Ordinance – “An Ordinance Transferring Appropriations To Adjust Various Departments Based On Projected Results As Presented To Council on 10/2/2023 In Accordance With Article 3-1-7 (a) And 3-1-7 (d) Of The Westerly Town Charter” (From General Fund Unreserved Fund Balance to Capital)

        (Order Adv. for Public Hearing on 10/16/23)

 

Motion by Ms. Cordio, Seconded by Ms. Scialabba, that the aforesaid proposed ordinance be ordered advertised for public hearing on October 16, 2023.  (So Voted 6 to 0 – Councilor Overton absent)

 

d.     Proposed Ordinance – “An Ordinance Transferring Appropriations To Adjust Various Departments Based On Projected Results As Presented To Council on 10/2/2023 In Accordance With Article 3-1-7 (a) And 3-1-7 (d) Of The Westerly Town Charter” (Fiscal Year 2024 Budget Increase:  Local Aid)

        (Order Adv. for Public Hearing on 10/16/23)

 

Motion by Ms. Cordio, Seconded by Ms. Scialabba, that the aforesaid proposed ordinance be ordered advertised for public hearing on October 16, 2023.  (So Voted 6 to 0 – Councilor Overton absent)

 

e.     Proposed Ordinance – “An Ordinance In Amendment Of Chapter 2039 Of The General Ordinances Of The Town Of Westerly Entitled ‘An Ordinance Setting Water Rate Schedules For The 2023-2024 Fiscal Year’” (Increase Right-Of-Entry Fee from $1,000.00 to $1,500.00)

        (Reorder Adv. for Public Hearing on 10/16/23)

 

Motion by Mr. LaPietra, Seconded by Ms. Cordio, that the aforesaid proposed ordinance be ordered advertised for public hearing on October 16, 2023.  (So Voted 6 to 0 – Councilor Overton absent)

 

f.     Adoption of Subsidy Policy & Process, Subsidy Application, Subsidy Change Request Form and Subsidy Reimbursement Form –– Discussion and Possible Action

 

     Town Manager Lacey explained how the proposed changes to the policy & process, application, and forms evolved. 

 

Motion by Mr. LaPietra, Seconded by Ms. Cordio, that the aforesaid Subsidy Policy & Process, Subsidy Application, Subsidy Change Request Form and Subsidy Reimbursement Form be adopted. 

 

     Discussion was held regarding concerns with some of the proposed changes to the policy & process, application, and forms; the reason for the proposed changes; a suggestion that each organization be provided with the proposed changes and allow for feedback; concerns that the proposed changes being presented are more evolved than the amendments requested at the September 25, 2023 Regular Meeting; the form seeking an explanation for use of the funding by the requester; and whether the application can be adopted tonight and the policy & process be adopted at a later date. 

 

     The Council agreed that the Subsidy Policy & Process should be amended to strike the language “For-profit organizations” under the heading “Applicant Eligibility.”

 

     Councilor LaPietra withdrew his motion and Councilor Cordio withdrew her Second.

 

Motion by Mr. LaPietra, Seconded by Ms. Cordio, that the aforesaid Subsidy Policy & Process, Subsidy Application, Subsidy Change Request Form and Subsidy Reimbursement Form be tabled to the October 16, 2023 Regular Meeting.  A poll vote was taken as follows and the motion carried:  (So Voted 6 to 0 – Councilor Overton absent)

 

                                                YES                                         NO

 

                                               Scialabba

                                               Cordio

                                               LaPietra

                                               Lother

                                               Lombardo

                                               Aiello

Overton – absent

 

     Town Manager Lacey to provide the Council with a copy of the current Subsidy Policy & Process; to confirm that the Planning Board does not review subsidy requests; and to provide each organization with a copy of the proposed changes and allow for feedback.

 

 

 8.    UNFINISHED BUSINESS

 

                None

 

 

 9.    COMMUNICATIONS & REPORTS

 

        a.     Liaison Reports

 

1.      Westerly Public Library – Mental Health Forum to be held on Saturday, October 7, 2023, at 10:00 a.m. at the library  (Councilor Scialabba)

 

2.      Suicide Prevention Forum – Dr. Rob Harrison will hold a free suicide prevention forum on Tuesday, October 10, 2023, from 5:00 p.m. to 6:00 p.m. at the Westerly Hospital  (Councilor Scialabba)

 

3.     Multicultural Committee – Committee approached by the Dante Society about doing a cooperative event with the Dante Society and the Library  (Councilor Lowther)

 

        b.     Town Council

 

        None

 

        c.     Town Manager – 10/2/23

 

        d.     Town Solicitor

 

        None

 

        e.     Town Clerk

 

        None

 

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

 

1.      Fort Road Litigation – Councilor Lombardo requested that the Fort Road litigation matter be placed on an agenda to allow for the public to discuss it and to allow the Town Solicitor to enter into discussions with the Watch Hill Fire District.

 

     Town Solicitor explained the public comment portion of the Council agenda, stating that it is an opportunity for citizens to address matters before the Council and noted that the second Citizens’ Comments allow the public to address any matter not listed on the agenda.  He stated that discussions amongst the Council regarding the details of litigation matters should take place in Executive Session

 

     Council President Aiello directed that the Town Solicitor provide the Council with an update on the Fort Road litigation matter at either the October 16, 2023 or the November 6, 2023 Council meeting. 

 

2.     Habitat for Humanity Affordable Housing Project – Councilor Cordio requested that the Council discuss waiving the application and building permit fees for the Habitat for Humanity’s affordable housing project.

 

3.      Short-Term Rentals – Councilor LaPietra requested that short-term rental properties and B&Bs be referred to a future meeting for discussion.  He suggested that the Council review ordinances from other cities and towns. 

 

     Council President Aiello suggested that the discussion take place before the end of the year. 

 

        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. 

 

        None

 

COUNCILORS’ RESPONSE

 

     None

 

 

11.   ADJOURNMENT

 

        8:19 P.M.  Voted Unanimously to adjourn.

 

 

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