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| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | OCTOBER 16, 2023 | 5:30 P.M. |
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1. 5:30 P.M. CALL TO ORDER
Present: Pres. Aiello, Vice Pres. Overton
Councilors Lowther, Cordio, LaPietra, Scialabba, Lombardo
T. Mgr. Lacey, T. Sol. Conley
Co. Clk. LeBlanc, T. Sgt. Falcone
INVOCATION – Councilor Cordio
SALUTE TO THE FLAG – Council President Aiello
2. RECOGNITIONS, AWARDS & MEMORIALS
None
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. Philo Willetts, Jr., 5 Yarmouth Dr – re: 10/16/23 Town Council Report – Item #4 – re: Recommendation for negotiated agreement with Watch Hill about Napatree property, road and right-of-way issues
b. Alfred Sculco, 118 Avondale Rd – re: 10/16/23 Town Council Report – Item #1 – re: Napatree Point Litigation; distributed CRMC Press Release regarding Napatree Point Dune Restoration Project Underway
c. Penny Parsekian, 140 High St, #303, representing The Greater North End Community Development – re: Opposed to proposed changes to Subsidy application and forms
d. Douglas Brockway, 32 Chestnut St, Vice Chair, Economic Development Commission – re: Proposed changes to Subsidy application, policy and forms – opposed to removal of economic development category
e. James Torres, 19 Salt Pond Way, Chair, Economic Development Commission – re: Proposed changes to Subsidy application, policy and forms– opposed to removal of economic development category
f. Daniel Lapointe, 122 Cross St, Apt. 113, Chair, Westerly-Pawcatuck Veterans Board of Control – re: Proposed changes to Subsidy application, policy and forms – organization needs Town funding
g. Peter Ogle, 18 Kettle Close – re: Item #7a – Resolution authorizing the Town Manager to enter into a contract amendment with Fuss & O’Neill for additional professional services related to the Potter Hill Mill site – asked that agreement be tabled; distributed a copy of his statement
h. William A. Nardone, Esq., 42 Granite St, representing Royal Group Limited, LLC re: Cannabis Retail Sales – suggested that GC and HC be included in the final draft of ordinance as zones in which cannabis sales would be allowed
i. Lisa Konicki, President, Ocean Community Chamber of Commerce along with Joanne Valentini and Grace Lund – re: Proposed changes to Subsidy application, policy and forms – re: commercial events; opposed to removal of economic development category
j. Angela Thoman-Miller, 57 Westminster St -re: Proposed changes to Subsidy application, policy and forms – re: commercial events; opposed to removal of economic development category
k. Stuart Fishman, 9 South Joseph St – re: Proposed changes to Subsidy application, policy and forms – re: commercial events; opposed to removal of economic development category
l. John Weidenheft, 48 City Ln, Mystic, CT, owner of Tapped Apple – re: Proposed changes to Subsidy application, policy and forms – re: commercial events; opposed to removal of economic development category
COUNCILORS’ RESPONSE
The Council responded to Citizens’ Comments regarding Napatree Point; proposed changes to Subsidy application, policy and forms; Ocean Community Chamber of Commerce’s efforts to promote tourism and economic development; Fort Road; Fort Road litigation; and Potter Hill Mill site.
5. CONSENT CALENDAR
a. Approval of Minutes
Regular – 9/25/23, 10/2/23
Executive – 9/11/23 (Sealed), 9/25/23 (Sealed), 10/2/23 (Sealed)
Motion by Mr. Overton, Seconded by Mr. Lowther, that October 2, 2023 Regular Meeting minutes and the October 2, 2023 Executive Session minutes be removed from the agenda. (Voted Unanimously)
Motion by Mr. Overton, Seconded by Mr. Lowther, that the aforesaid minutes be accepted and approved as printed and that the Executive Session minutes be sealed. (Voted Unanimously)
b. Fiscal Matters
Motion by Ms. Cordio, Seconded by Ms. Scialabba, that the following resolution be adopted. (So Voted 6 to 0 – Councilor Overton recused)
Councilor Overton recused himself due to a possible conflict of interest because Jean N. King, a listed taxpayer, is a relative of his wife.
1. 23/24-25 Resolution Authorizing Deletion To Tax Rolls ($6,470.89)
Motion by Mr. Overton, Seconded by Ms. Cordio, that the following resolution be adopted. (Voted Unanimously)
2. 23/24-26 Resolution Authorizing Payment To The Law Office Of Cameron & Mittleman, LLP (Litigation matters - $11,202.41)
c. Resignations and Appointments
1. Resignation:
a. Emily Fish, Former Bradford School Site Study Committee (Ad Hoc)
Motion by Ms. Cordio, Seconded by Ms. Scialabba, that the aforesaid resignation be accepted with regret and that the Council Clerk be directed to send a letter of appreciation to Ms. Fish. (Voted Unanimously)
6. PUBLIC HEARINGS (Adv. on 10/9/23 for this time)
Motion by Ms. Scialabba, Seconded by Mr. Lowther, that the public hearing for Items 6(a), 6(b) and 6(c) be opened. (Voted Unanimously)
a. Chapter 2045 – “An Ordinance Transferring Appropriations To Adjust Various Departments Based On Projected Results 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) – Discussion and Possible Action
b. Chapter 2046 – “An Ordinance Transferring Appropriations To Adjust Various Departments Based On Projected Results 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) – Discussion and Possible Action
c. Chapter 2047 – “An Ordinance Transferring Appropriations To Adjust Various Departments Based On Projected Results 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) – Discussion and Possible Action
No one appeared in favor or in opposition.
Motion by Ms. Cordio, Seconded by Ms. Scialabba, that the public hearing be closed and that the aforesaid ordinances be adopted. (Voted Unanimously)
Motion by Mr. Overton, Seconded by Mr. Lowther, that the public hearing for Items 6(d) and 6(e) be opened. (Voted Unanimously)
d. Chapter 2048 – “An Ordinance Transferring Appropriations To Adjust Various Departments Based On Projected Results 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) – Discussion and Possible Action
e. Chapter 2049 – “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) – Discussion and Possible Action
No one appeared in favor or in opposition.
Motion by Mr. Overton, Seconded by Ms. Cordio, that the public hearing be closed and that the aforesaid ordinances be adopted. (Voted Unanimously)
7. NEW BUSINESS
a. 23/24-27 Resolution Authorizing The Town Manager To Enter Into A Contract Amendment With Fuss & O’Neill For Additional Professional Services Related To The Potter Hill Mill Site – Discussion and Possible Action
Motion by Mr. Overton, Seconded by Mr. Lowther, that the Town Council Rules of Procedure be suspended to discuss the aforesaid resolution. (Voted Unanimously)
Town Manager Lacey addressed the contract and responded to questions from the Council regarding the site, the dam and funding.
Motion by Mr. LaPietra, Seconded by Ms. Cordio, 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 consider the aforesaid resolution. (So Voted 6 to 1 – Councilor Lombardo dissented)
Councilor Lombardo, on a point of order, objected to there being no discussion on a motion to suspend the rules.
Council President Aiello ruled that the point of order in not well taken, stating that he did ask for discussion on the motion.
Motion by Mr. Overton, Seconded by Mr. LaPietra, that the aforesaid resolution be adopted. (So Voted 6 to 1 – Councilor Lombardo dissented)
b. RI DEM Maintenance Agreement (Misquamicut Bike Path) – Discussion and Possible Action
Motion by Ms. Cordio, Seconded by Mr. LaPietra, that the aforesaid agreement be adopted. (So Voted 6 to 0 – Councilor Overton absent)
c. Cannabis Retail Sales – Discussion
Motion by Mr. LaPietra, Seconded by Ms. Scialabba, that the Town Council Rules of Procedure be suspended to discuss the aforesaid resolution. (Voted Unanimously)
Discussion was held regarding suggestions that cannabis retail sales be permitted in General Commercial (GC) and Highway Commercial (HC) zones, that the restriction of the sale of cannabis must be located at least 200-feet from a residential dwelling be omitted, that an approved security plan not be placed on the onus of the Chief of Police since the sale currently falls under Federal law, and that the sale of cannabis follow similar restrictions for a Class A beverage license.
Town Manager Lacey suggested that, from a public safety standpoint, the ordinance be as restrictive as possible.
Council President Aiello stated that the Town Manager and Town Solicitor will review the proposal further. He suggested that, if Council members would like to add or remove any language from the proposal or if members of the public would like to provide comments, information should be submitted to the Town Clerk or to the Town Manager.
Town Solicitor Conley stated that he will gather the comments and suggestions for incorporation into the proposed ordinance to be brought back to the Council.
Councilor Lombardo, on a point of order, suggested that the aforesaid issue be postponed indefinitely.
Council President Aiello ruled that the point of order is not well taken because then the Council would have to vote to bring the matter back.
Motion by Mr. Overton, Seconded by Mr. LaPietra, that the aforesaid proposed ordinance be scheduled for a future meeting, to be determined by the Council President, after input has been received. (Voted Unanimously)
7:51 P.M. 15-MINUTE RECESS
8:04 P.M. RECONVENED
8. UNFINISHED BUSINESS
a. Adoption of Subsidy Policy & Process, Subsidy Application, Subsidy Change Request Form and Subsidy Reimbursement Form – Discussion and Possible Action
1. Existing Subsidy Memo and Form
2. Original DRAFT Subsidy Policy as of 9/1/2023
3. DRAFT Subsidy Policy with Forms as of 9/27/2023
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.
Councilor Lombardo, on a point of order, stated that the Council, at its prior meeting, tabled the aforesaid matter to the October 16, 2023 meeting. He stated that there is a procedure to follow under Roberts’ Rules of Order to take the matter from the table. He felt that it was a mistake to table the matter and that it was not properly tabled.
Council President Aiello ruled that the point of order is not well taken, stating that the matter was tabled to this specific date and, therefore, no vote is needed to take from the table. He stated that, if the matter was not tabled to a specific date, then the Council could vote to take it from the table.
Motion by Mr. Lombardo, Seconded by Mr. Lowther, to appeal from the decision of the chair.
Town Solicitor Conley explained the distinction between a “Motion to Table” and a “Motion to Postpone a Matter or Continue a Matter to a Specific Date.” He stated that, if the motion was to continue the matter to this date, then a motion to ‘take from the table’ is not needed; however, if the motion was to table the matter, then a motion to ‘take from the table’ is needed. He stated that a matter to table should not be used to postpone a matter to a specific date. He stated that there is a motion to challenge the ruling of the Chair and a vote of “aye” would support the challenge and a vote if “nay” would be against the challenge.
A poll vote was taken on the motion as follows and the motion to carried: (So Voted 4 to 3 – Councilors Cordio and LaPietra and Council President Aiello dissented)
YES NO
Scialabba Cordio
Overton LaPietra
Lowther Aiello
Lombardo
Motion by Mr. LaPietra, Seconded by Ms. Cordio, that the aforesaid matter be taken from the table. (So Voted 6 to 2 – Councilors Lowther and Lombardo dissented)
Councilor LaPietra, on a point of order, questioned why Councilor Lowther has not recused himself from discussion due to a possible conflict of interest.
Council President Aiello ruled that the point of order is not well taken, stating that a matter of ethics lies with the individual to seek an opinion from the Rhode Island Ethics Commission. He stated that, if the individual chooses to seek an ethics opinion, that would afford them protection in the future and, if the individual chooses not to seek an ethics opinion, then they risk the possibility of being in violation. He stated that the onus is on the individual to seek an ethics opinion.
Councilor Scialabba, on a point of personal privilege, read aloud the following statement: “I just want to say that regarding the subsidy, I disagree with Dylan LaPietra. Instead of him listening and learning what the differences are that I had as well as some non-profits who spoke to me had, he has been going around to multiple businesses saying that I have brain damage because of my accident from 6 years ago. At 5pm this past Friday he apologized by saying “I’m sorry”. His apology wasn’t specific but we both knew what he was apologizing for. It started on Tuesday, October 3rd, that was the first time Dylan made derogatory remarks about me not knowing how to read and Bill was heard in the background laughing on the radio. I still was willing to forgive, and I said thank you and I accept. However, a few hours later that same night I got a text message from yet another non-profit who said, “Dylan said that because of my accident and it must have really given me brain damage and that my accident must have rattled my brains.” This is slander and I will not tolerate this behavior from anyone. It makes me wonder how genuine the apology was since I am still hearing from local businesses. Of all the people who know better about slander why would you do this and continue to do this to me just because we disagree?”
Councilor LaPietra denied the comments.
Councilor Lombardo, on a point of order, stated that Councilor LaPietra has no right to comment on Councilor Scialabba’s point of personal privilege.
Council President Aiello ruled that the point of order is not well taken, stating that this is not a debate, and that the conversation is over.
Councilor Cordio suggested that economic development be placed back on the subsidy application as an award category.
Councilor Lombardo, on a point of order, stated that matters taken from the table cannot be amended.
Council President Aiello ruled that the point of order is not well taken, stating that Robert’s Rules of Order were written more so for large organizations rather than small assemblies. He stated that the Council is doing its best to try to discuss and move this matter forward in whatever form it ends up.
Motion by Ms. Cordio, Seconded by Mr. Overton, that economic development be placed back on the subsidy application as an award category. (Voted Unanimously)
Councilor LaPietra defined a commercial event.
Motion by Mr. LaPietra, Seconded by Mr. Overton, that “commercial events” be defined as “those events where payment is required to gain entry.”
Councilor Lowther opposed defining the word “commercial” and suggested that it only state “ticketed events.”
Councilor Lombardo, on a point of order, stated that, if Councilor LaPietra is allowed to speak again, then each Councilor is allowed to speak again.
Councilor LaPietra withdrew his motion and Councilor Overton withdrew his second.
Motion by Mr. LaPietra, Seconded by Mr. Overton, that the words “Events where payment is required to gain entry” be inserted under “Public Events.”
Motion by Mr. LaPietra, Seconded by Mr. Overton, that the motion be amended that the words “An event where payment is required to gain entry or participate” be inserted under “Public Events.” (So Voted 6 to 1 – Councilor Lombardo dissented)
Councilor Lowther, on a point of order, questioned the first amendment, which added back in “economic development” as an award category, stating that there is no text to define it.
Council President ruled that the point of order is not well taken, stating that this category was defined in the original application and would be included on the amended application.
Discussion was held regarding the use of subsidy funds for advertising.
Motion by Mr. LaPietra, Seconded by Mr. Overton, to strike out the words “for profit organizations” under “Applicant Eligibility.” (Voted Unanimously)
Motion by Mr. Lowther, Seconded by Mr. LaPietra, that the Planning Board be removed from the application review process. (Voted Unanimously)
Motion by Mr. Lowther, Seconded by Ms. Cordio, that the language under subsection “Documentation” be amended to read: “…verified timesheets or payroll reports with name / wage / hours, where available.” (So Voted 4 to 3 – Councilors Lombardo, Overton and LaPietra dissented)
Motion by Mr. Lowther, Seconded by Ms. Cordio, that the Subsidy Application be amended by striking out the word “audited” from the form so it reads: “Financial Statement for the Prior 3 Years” (So Voted 6 to 0 – Councilor Lombardo absent)
Motion by Mr. Overton, Seconded by Mr. LaPietra, that the main motion, with the amendments, be adopted.
Motion by Mr. Lombardo, that the matter be tabled. There was no Second.
A vote was taken on the main motion, as amended, and the motion carried. (So Voted 4 to 3 – Councilors Scialabba, Lowther and Lombardo dissented)
9. COMMUNICATIONS & REPORTS
a. Liaison Reports
1. Chamber of Commerce – Final Sunday Funday to be held on October 22, 2023 from 12:00 p.m. to 7:00 p.m. – free mini golf, crafts and music; entries now be accepted for December 10, 2023 light parade (Councilor Lombardo)
b. Town Council – 10/16/23
1. Pantry on the Lane – Friday, October 20, 2023 – Bar-B-Que on Bowling Lane will be held from 3:30 p.m. to 5:30 p.m. for the neighborhood; everyone is invited to attend (Councilor Scialabba)
2. Item #6 10/16/23 – From Senator Victoria Gu – re: Watch Hill Lighthouse property – would like to see it back on the agenda to see if the transfer should be delayed until research of the road is completed
Responding to Councilor Overton, Town Solicitor Conley stated that he has spoken with the General Services Administration’s solicitor for this region about this topic of the fact that the Town of Westerly, through the Town Solicitor’s office, was conducting research on the status of Lighthouse Road. He stated, at that time, the solicitor for GSA indicated that the Town would have the time to conduct the research and that they were very much interested in reviewing it. He reported that the process had started. He stated that, as a result of Senator Gu’s email, he followed up with Senator Gu and GSA’s counsel’s office. He stated that a formal resolution is not needed; that he will stay in contact with GSA’s counsel; and that he report back to this Council with his research on Lighthouse Road.
c. Town Manager – 10/16/23
1. Item #2 10/16/23 – Portfolio from Washington Trust Wealth Management, dated October 11, 2023 – re: Westerly Police Pension Portfolio Review – Town Manager Lacey reported that the pension is up about 11% from last year.
d. Town Solicitor
None
e. Town Clerk
None
f. Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)
1. Town Council Rules of Procedure – Councilor Lombardo stated that he and Councilor Scialabba had asked that the Town Council Rules of Procedure be placed on the agenda for discussion; however, it has not been acknowledged.
Council President Aiello explained that with regards to the aforesaid request he had asked at the prior meeting that, if any Councilor wished to change any rule, the proposed amendment be forwarded to the Town Clerk and then it would be placed on an agenda.
2. Senior Tax Exemptions – Councilor LaPietra requested permission to meet with Town Assessor Thompson about re-writing the senior tax exemption ordinance.
Council President Aiello directed Councilor LaPietra to work with the Town Manager regarding this request. He stated that, if the ordinance needs to be amended, the Town Manager will bring it forward to the Council.
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. Matthew Ferraro, 65 Margin St – re: Watch Hill Lighthouse property – asked that his emails of July 31, 2023 and October 16, 2023 to the Council be entered into the record of this meeting; asked for a formal vote of Senator Gu’s request
b. Jonathan Daly LaBelle, 22 Top St – re: Democracy, debate and discussion – asked that Council have decorum; improvement needed; re: Subsidy application and policy; re: former Tower Street School property – need for subsidized housing
COUNCILORS’ RESPONSE
Councilor responded to Citizens’ Comments regarding affordable housing needs and a meeting coordinated by the Town Planner to be held on Friday, October 20, 2023, at the Westerly Library; Royce Family Fund Foundation’s proposal for possible affordable housing at the former Tower Street School property site; the work of the Ad Hoc Affordable Housing Study Committee; and Council decorum.
11. POSSIBLE EXECUTIVE SESSION
Motion by Ms. Scialabba, Seconded by Mr. Overton, 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 – Bombaci v. Town of Westerly, WC-2020-0240. (So Voted 6 to 1 – Councilor LaPietra dissented)
9:52 P.M. EXECUTIVE SESSION
The purpose of this Executive Session was to discuss Litigation.
* * * * *
9:54 P.M. Voted Unanimously to adjourn and seal the minutes of this Executive Session.
9:56 P.M. Reconvened Open Session. (Co Cordio absent)
Executive Session Report
Council President Aiello announced that the Council, under Litigation, discussed the matter of Bombaci v. Town of Westerly, that no votes were taken, and that the Council voted unanimously to seal the Executive Session minutes.
12. ADJOURNMENT
9:57 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.