AMENDED MINUTES

 

 

 

 

1.    5:33 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 (arrived 5:41 p.m.)

 

INVOCATION – Councilor Lombardo

 

SALUTE TO THE FLAG – Council President Aiello

 

 

2.    RECOGNITIONS, AWARDS & MEMORIALS

 

a.    Congratulations – Bradford Citizens Club, 100^th Anniversary

 

     Mr. Raymond Capalbo was present to accept the resolution, read aloud by Councilor Overton.

 

b.    Proclamation – “Extra Mile Day” - November 1, 2023

 

     The aforesaid proclamation will be forwarded to Extra Mile America Foundation, read aloud by Councilor Scialabba.

 

 

3.    PRESENTATIONS

 

a.    Advisory Charter Revision Commission

1.     Final Report / Review of Changes from Draft Report – Jean L. Gagnier, Chair

2.     Review of Commission Proposed Text of Ballot Questions – Mark Berardo, Esq.

 

Present:   Members of the Advisory Charter Revision Commission:  Jean L. Gagnier, Chair; John Armstrong, Vice Chair; Michael Niemeyer; Mark Berardo, Esq; Chris Lawlor; Harriet Moore; Thomas Nall; Lorren Kleinkauf

 

     Mr. Gagnier presented the Advisory Charter Revision Commission’s final report.  He stated that the report includes all of the proposed changes to Town Charter and explanations of same, rejected requests from individuals that were not supported by the Commission, and recommendations that do not give rise to changes to the Town Charter or were outside of the Commission’s authority.  He further stated that the report also contains Appendix A, which is the Commission’s working document, Appendix B, which is all communication to and from the Commission, Appendix C, which is a copy of the Town Charter showing all of the proposed amendments, and Appendix D, which is the ballot questions.  He stated that, as a result of Council input and a public hearing held by the Commission, changes were made concerning Citizens’ Comments, recall provisions, and the Planning Board.  He reported that one additional change had to do with the Finance Board regarding long-term planning of capital investments and he addressed same.

 

     Mr. Berardo read aloud the eighteen (18) proposed ballot questions.

 

     Council President Aiello addressed the proposed amendment to Section 5-3-3 Recall Elections.  He expressed concern with the threshold of signatures required to recall an elected official because the language states that the required signatures shall be not less than 20% of the number of votes cast at the most recent election and not specifically a general election.  He asked Town Solicitor Conley if the language could be modified based on discussions tonight or would it require an extension of the Commission.  He questioned a review by the Commission of RI General Laws regarding the appointment of police officers and constables by the Council.  

 

     Town Solicitor Conley explained that all questions presented by the Commission would be put before the voters and that the Council has an opportunity to add its own questions if it so chooses.  With regards to any amendments to be made by the Commission at this point, he explained that the Council could authorize extending the time period of the Commission, but that it would have to be listed on a Town Council agenda for consideration.  At the request of Councilor Lombardo, Mr. Conley stated that he will review Section 11-1-3 School Committee – Vacancies to ensure that it is not in violation of RIGL § 16-2-5. 

 

     At the request of Council President Aiello, Mr. Niemeyer stated that he will provide the Town Clerk with a comparison sheet of recall provisions from other cities and towns.

 

     Council President Aiello directed that an extension of the time period of the Advisory Charter Revision Commission be placed on the next Town Council agenda for consideration. 

 

 

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.    Carl Rosen, 9 River Rd, Ashaway, RI – re: Potter Hill Dam and possible alternatives – opposes appointment of Councilor Dylan LaPietra as Council Liaison to the Potter Hill Mill Site and Dam

 

     Council President Aiello stated that the Potter Hill Dam is not an agenda item and, therefore, informed Mr. Rosen that he would not be able to continue his comments at this time. 

 

     Councilor Lombardo, on a point of order, asked that the President’s ruling not allowing Mr. Rosen to address the Council regarding his opposition to Councilor LaPietra being appointed as Liaison to the Potter Hill Mill Dam be overruled because the topic of liaison appointments is an agenda item. 

 

      Council President Aiello did not rule on the point of order because Mr. Rosen had completed his statements. 

 

b.    Benjamin Weber, 4 Blossom Ct – re: Watch Hill Lighthouse property; re: Rights-of-way; re: Documentation gathered by the public on Spring Avenue right-of-way, Ninigret Avenue sand trail, and Fort Road right-of-way

 

c.     Jason Jarvis, 70 Beach St, Chair, Harbor Management Commission – re: Commission’s no confidence in the Town Solicitor’s ability to effectively represent the Town in rights-of-way matters

 

     Councilor Lombardo, on a point of order, objected to Mr. Jarvis being allowed to speak about the Harbor Management Commission’s no confidence of the Town Solicitor’s ability to represent the Town in rights-of-way matters because it is not an agenda item.

 

     Council President Aiello did not rule on the point of order because Mr. Jarvis immediately refined his comments and stated that he can make his comments short.

 

d.    Carson Moore, 27 Cedar Pond Dr, Warwick, RI – re: Item #9 - Town Council Report of September 11, 2023 – re: Code of Ordinance – Chapter 238-66 Parking prohibited or restricted in designated areas – received a parking ticket in Watch Hill

 

     Council President Aiello stated that the Council will review the parking ordinance.

 

e.    Joseph MacAndrew, 1 Sosoa Ln, Chair, Conservation Commission – re: Conservation Commission endorses recommendations from Harbor Management Commission regarding Watch Hill Lighthouse property; re: Rights-of-way

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens’ Comments regarding the taking of property without due process of the law; the Harbor Management Commission’s non-binding recommendations regarding the Watch Hill Lighthouse property and their no confidence in the Town’s Solicitor’s ability to effectively represent the Town in rights-of-way; the Watch Hill Lighthouse property regarding transfer of property and public access; the Fifth Amendment; Town Council’s resolution not being a legislative act; Chapter 238-66 of the Code of Ordinances regarding parking prohibited or restricted in designated areas; and the Potter Hill Dam.

 

     Town Solicitor Conley responded to Citizens’ Comments regarding his position as Town Solicitor for the Town of Westerly.

 

 

5.    CONSENT CALENDAR

 

        a.    Approval of Minutes

Regular – 8/7/23

Special – 8/15/23

Executive – 8/7/23 (Sealed)

 

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.  (So Voted 6 to 0 – Councilor Lombardo abstained because he was not a member of the Council during the listed meetings)

 

        b.    Fiscal Matters

 

Motion by Ms. Cordio, Seconded by Mr. Overton, that the following resolution be adopted. (So Voted 6 to 0 – Councilor LaPietra recused)

 

     Councilor LaPietra recused himself due to a possible conflict of interest because Albert Morrone, one of the taxpayers listed in the resolution, is a business client. 

 

1.     23/24-15 Resolution Authorizing The Waiver Of Penalty For Late Payments ($458.78)

 

Motion by Ms. Cordio, Seconded by Mr. Overton, that the following resolutions be adopted. (Voted Unanimously)

 

2.     23/24-16 Resolution Authorizing Payment To The Law Office of Cameron & Mittleman, LLP (Litigation matters - $12,353.69)

 

3.     23/24-17 Resolution Accepting Donation For The JoAnne Lombardo Grills Memorial Bench ($1,457.75)

 

        c.     Resignations and Appointments  

 

1.     Resignation:

a.    Allison Van Etten, Juvenile Hearing Board

 

     Councilor LaPietra recused himself due to a possible conflict of interest because Allison Van Etten is a business client. 

 

     Councilor Overton recused himself due to a possible conflict of interest because he has a business relationship with Allison Van Etten. 

 

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. Van Etten.  (So Voted 5 to 0 – Councilors LaPietra and Overton recused)

 

2.     Appointments:

a.    Liaison Appointments

 

     Council President Aiello made the following updated liaison appointments:

 

OCEAN COMMUNITY CHAMBER OF COMMERCE

Councilor Robert L. Lombardo

 

CONCERTS ON THE BEACH (Voting) (2 Councilors)

Vacant

 

CONSERVATION COMMISSION

Councilor Joy L. Cordio

 

ECONOMIC DEVELOPMENT COMMITTEE

 

PLANNING BOARD

DELETED

 

RECREATION BOARD (1 Councilor)

Councilor Joy L. Cordio

 

STAND UP FOR ANIMALS

Councilor Robert L. Lombardo

 

VETERANS’ HONOR ROLL COMMITTEE (Municipal/State Mandated) (1 Councilor)

Councilor Philip M. Overton

 

WESTERLY PREVENTION AND WELLNESS PARTNERSHIP (Municipal/State Mandated)

Vacant

 

AD HOC AFFORDABLE HOUSING STUDY COMMITTEE

Councilor Kevin J. Lowther, II

 

     Council President Aiello made the following new liaison appointments:

 

New Council Liaison Positions:

 

SHORELINE & RIVERFRONT PUBLIC ACCESS (TIDAL & INLAND)

Councilor Joy L. Cordio

 

POTTER HILL MILL SITE AND DAM

Councilor Dylan J. LaPietra

 

     Councilor Scialabba made the following statement, for the record, regarding the updated liaison appointments:  “I want it to be known that I was never given a chance to state the groups I wanted to be in.  I wanted to stay in all of them and I still do.  The EDC or Economic Development Commission I was removed from without cause and without being spoken to.  Why have I been removed?  I am more than qualified.  I have a Master’s Degree in Finance.  I have been and still am an active member and a participant in this town and state serving on multiple boards.  I was a member of the EDC as a private citizen before I because the liaison back this past December.  I have always been supported towards the EDC and all of committees I am the liaison to.  Again, I would like to know why I was removed.”

 

 

6.    PUBLIC HEARINGS (Adv. on _9/4/23  for this time)

      

Motion by Mr. Lombardo, Seconded by Ms. Scialabba, that the following public hearings be heard as a group because if involves the same subject matter.  (Voted Unanimously)

 

Motion by Ms. Cordio, Seconded by Mr. Lowther, that the following public hearings be opened.  (Voted Unanimously)

 

a.    Chapter 2041 – “An Ordinance In Amendment Of Chapter 121 Of The Westerly Code Of Ordinances Entitled ‘Fee Schedule’” (Antique and Second Hand Shops) – Discussion and Possible Action

 

     No one appeared in favor or in opposition.

 

b.    Chapter 2042 – “An Ordinance In Amendment Of Chapter 150 Of The Westerly Code Of Ordinances Entitled ‘Junkyards’” (Antique and Second Hand Shops) – Discussion and Possible Action

 

     No one appeared in favor or in opposition.

      

c.     Chapter 2043 – “An Ordinance In Amendment Of Article II, Issuance Of Licenses, Of Chapter 158 Of The Westerly Code Of Ordinances Entitled ‘Licensing’” (Antique and Second Hand Shops) – Discussion and Possible Action

 

     No one appeared in favor or in opposition.

 

Motion by Mr. Overton, Seconded by Ms. Cordio, that the public hearings be closed and that the aforesaid ordinances be adopted.  (Voted Unanimously)

 

 

7.    NEW BUSINESS

 

a.    Petition from Narragansett Electric and Verizon New England, Inc. for New Pole Locations on Wagner Road (WR# 30819469) – Discussion and Possible Action

 

Motion by Ms. Cordio, Seconded by Mr. Overton, that the aforesaid petition be granted. 

 

     Councilor Cordio withdrew her motion and Councilor Overton withdrew his second. 

 

Motion by Mr. LaPietra, Seconded by Ms. Cordio, that Rule #9(d) of the Rules of Procedure to Govern the Town Council which states that “any matter of new business, which has been considered favorably by the Council, will be moved to the following meeting for consideration” be suspended to consider the aforesaid petition.  (Voted Unanimously)

 

Motion by Ms. Cordio, Seconded by Mr. Overton, that the aforesaid petition be granted.  (Voted Unanimously)

 

b.    Resolution Of The Westerly Town Council Declaring Its Intent For The Town Of Westerly To Transfer Ownership Of Certain Streetlights To The State Of Rhode Island Department Of Transportation – Discussion and Possible Action

 

     Town Manager Lacey explained the aforesaid resolution, stating that the Town would no longer be responsible for the maintenance or electricity on any streetlights on State roads and that there would be savings to the Town.

 

     Town Solicitor Conley explained the lawsuit his law firm filed against National Grid on behalf of the Town of Johnston regarding streetlights. 

 

     It was the consensus of the majority of the Council to move the aforesaid resolution to the September 25, 2023 Meeting for consideration.  (Councilor Overton absent)

 

c.     Letter and Non-Binding Recommendations Of The Westerly Harbor Management Commission Regarding Ownership Of The Watch Hill Lighthouse Property – Discussion and Possible Action

 

     Council President Aiello suggested that the aforesaid matter be kept on the Town Council agenda referral list to be discussed at a later date when further information is obtained. 

 

Motion by Ms. Cordio, Seconded by Mr. Overton, that the aforesaid Letter and Non-Binding Recommendations of the Westerly Harbor Management Commission regarding ownership of the Watch Hill Lighthouse Property be accepted.  

 

Motion by Mr. LaPietra, that the main motion be amended that the aforesaid Letter and Non-Binding Recommendations of the Westerly Harbor Management Commission regarding ownership of the Watch Hill Lighthouse Property be accepted with the exception of recommendation #5. 

 

     Councilor LaPietra withdrew his motion.

 

A poll vote was taken as follows on the motion and the motion carried:  (So Voted 4 to 3 – Councilors Scialabba, Lowther and Lombardo dissented)

 

                                                YES                                         NO

 

                                               Cordio                                     Scialabba

                                               LaPietra                                   Lowther

                                               Overton                                   Lombardo

                                               Aiello

 

Motion by Mr. LaPietra, Seconded by Mr. Overton, that the Town Manager be directed to draft a letter for the September 25, 2023 Regular Meeting regarding the Letter and Non-Binding Recommendations of the Westerly Harbor Management Commission regarding ownership of the Watch Hill Lighthouse Property that will be forwarded to all parties involved in the decision of awarding the property.  (Voted Unanimously)

 

     Town Manager Lacey, Town Solicitor Conley, and Councilor Cordio were asked to review the seven recommendations of the Harbor Management Commission with regards to what can or cannot be done and proper timelines. 

 

d.    Proposed Ordinance – “An Ordinance In Amendment Of Article VI ‘Use Of Public Sewers And Drains’ Of Chapter 206 Of The Westerly Code Of Ordinances Entitled ‘Sewers’” (§206-39. Charges for dumping trucked sewage – increase fee from $0.06 to $0.08 for each gallon dumped into the system, the origin of which is within the limits of the Town of Westerly and increase fee from $0.07 to $0.10 for each gallon dumped into the system, the origin of which is outside the limits of the Town of Westerly)

       (Order Adv. for Public Hearing on 9/25/23)

 

Motion by Mr. Overton, Seconded by Mr. LaPietra, that the aforesaid proposed ordinance be ordered advertised for public hearing on September 25, 2023.  (Voted Unanimously)

 

 

8.    UNFINISHED BUSINESS

 

               None

 

 

9.    COMMUNICATIONS & REPORTS

 

        a.    Liaison Reports

 

1.     Potter Hill Dam – Meeting held on Friday, September 8, 2023; first step is the collection of well data; reached out to the Town of Hopkinton to obtain information; would like a report given to the Council at the end of every month  (Councilor LaPietra)

 

2.     Westerly Marina Study Committee (Ad Hoc) – Committee would like to present its initial findings and goals to the Council at its next meeting regarding remediation, exploring underground cables, and next steps; Committee will be approaching the Council for authorization of funds for studies; Committee working in phases  (Councilor Cordio)

 

3.     Stand Up for Animals (SUFA) – Plan to attend first meeting as Council liaison but may need to resign due to a possible conflict of interest  (Councilor Lombardo)

 

4.     Chamber of Commerce – Business after Hours to be held on Wednesday, September 13 2023, from 5:00 p.m. to 7:00 p.m. at the Jewett City Savings Bank; Sunday Fun Days to be held on October 1^st, October 8^th, October 15^th and October 22^nd, in Downtown from noon to 7:00 p.m.; volunteers needed to support Atlantis Rising Sand Castle event held at Misquamicut State Beach from October 5^th through October 9^th – contact the Chamber  (Councilor Lombardo)

 

5.     Planning Board – Elm Street and School Street development – Planning Board approved application to combine Master and Preliminary Plan review; Planning Board discussing “Fee in Lieu of” and inclusionary zoning  (Councilor Lowther)

 

        b.    Town Council – 9/11/23

 

1.     Mental Health Resource Center – Councilor Scialabba thanked everyone for attending the grand reopening of the Mental Health Resource Center at 68 Pierce Street.

 

2.     Ad Hoc Committees – Councilor Scialabba requested that the Council, at its next meeting, discuss possibly standardizing the ad hoc committees.

 

3.     Recreation Department – Councilor Scialabba asked that the Council discuss how additional funds can be provided to the Recreation Department for all types of recreation.

 

4.     Bradford Preserve – Councilor Cordio announced that a ribbon cutting ceremony will be held for the new Bradford Preserve walking trail on Saturday, September 23, 2023, at 10:00 a.m. 

 

5.     Music Festival in the Park – Councilor Lowther thanked the United Theatre, the National Guard and the Westerly Memorial Library and Park for the music festival in Wilcox Park on Friday, September 22, 2023.  He stated that this will be an annual event.

 

 

        c.     Town Manager – 9/11/23

 

1.     RIDEM Maintenance Agreement (Misquamicut Bike Path) – Town Manager Lacey stated that he hopes that the revised agreement will be before the Council at the next meeting. 

 

        d.    Town Solicitor

 

        None

 

        e.    Town Clerk

 

1.     Town Council Picture – Town Clerk LeBlanc stated that the Town Council picture is scheduled for Monday, September 25, 2023, at 5:15 p.m., and she asked that the Council arrive prior to that time. 

 

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

 

1.     Road Bond – Councilor Overton requested that an update on the road bond be placed on a future agenda to discuss roads and an additional bond.

 

     Council President Aiello reported that the Public Works Committee is working with Town Manager on the town-wide road condition map.  He stated that after the Public Works Committee meeting, this matter can be brought before the Council.

 

2.     Watch Hill Parking Ordinance – Town Manager Lacey stated that he will review the ordinance with Town Solicitor Conley and report back to the Council.  He explained the ticket program and stated that parking restrictions end at 6:00 p.m. and run from May 1^st through October.   

 

        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.    Carl Rosen, 9 River Road, Ashaway, RI – re: Removal of Potter Hill Dam; Town of Hopkinton not being invited to Town meeting on Friday, September 8, 2023 at Town Hall regarding Potter Hill Dam

 

b.    Benjamin Weber, 3 Blossom Ct – re: Harbor Management Commission’s mission; possible resignation of all members of the Harbor Management Commission due to its opposition of Town Solicitor Conley representing the Town on rights-of-way; re: Watch Hill Lighthouse property

 

c.     Ellen Kane, 76 Winnapaug Rd – re: Watch Hill Lighthouse Property; re: Non-binding recommendations of Harbor Management Commission regarding Watch Hill Lighthouse Property

 

d.    Loren Kleinkauf, 63 Bowling Ln – re: Town Solicitor William Conley, Jr.; re: Fifth Amendment; re: Shoreline public access

 

e.    Bruce Prescott, 69 High St – re: Amtrak’s Shoreline East possible extension to Westerly – meeting scheduled for Tuesday, September 19, 2023, at 6:00 p.m. in Groton, CT at Senior Center to discuss – hopes Town supports

 

f.     Kim Doescher, Bradford – re: Disclosure of personal information – questioned why her issue is not scheduled for an Executive Session

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens’ Comments regarding the Amtrak Shoreline East and three future meetings to discuss possible extension to Westerly; Kim Doescher’s comments regarding disclosure of personal information; Harbor Management Commission and possible resignation of entire Commission; public comments expressed about the Town Solicitor regarding his work on rights-of-way; the Fifth Amendment; and the transfer of Watch Hill Lighthouse property to protect public access.

 

     Councilor Cordio requested that Town Solicitor Conley release his emails to Attorney Thomas Liguori from April 2021 to July 2021.

 

 

11.  POSSIBLE EXECUTIVE SESSION

 

Motion by Mr. Overton, Seconded by Ms. Scialabba, to go into executive session for discussion and/or action regarding those items of business exempt from open meetings under Rhode Island General Laws §42-46-5(a)(2) Litigation – Watch Hill Fire District; and The Watch Hill Conservancy v. Town of Westerly, et al. WC-2023-0190; §42-46-5(a)(2) Litigation – Weekapaug Fire District v. Town of Westerly C.A. No.: WC-1994-0321; §42-46-5(a)(2) Litigation – In the Matter of Spring Avenue, CRMC No. 20-11-84 – CRMC Rights-of-Way Subcommittee.  (So Voted 6 to 1 – Councilor LaPietra dissented)

 

x:xx P.M.  EXECUTIVE SESSION

 

     The purpose of this Executive Session was to discuss Litigation.

 

*                    *                    *                    *                    *

 

11:03 P.M.  So Voted to adjourn and seal the minutes of this Executive Session. (

 

11:07 P.M.  Reconvened Open Session

 

Executive Session Report:

 

     Council President Aiello announced that the Council, under Litigation, discussed the matter of the Watch Hill Fire District; and The Watch Hill Conservancy v. Town of Westerly, et al; the matter of the Weekapaug Fire District v. Town of Westerly; and the matter of Spring Avenue, CRMC; and that one vote* was taken.  The Council voted unanimously to seal the minutes of the Executive Session.

 

*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

 

        11:08 P.M.  Voted Unanimously to adjourn.

 

 

 

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