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| REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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| MONDAY | SEPTEMBER 25, 2023 | 5:30 P.M. |
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1. 5:32 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 Lombardo
SALUTE TO THE FLAG – Council President Aiello
2. RECOGNITIONS, AWARDS & MEMORIALS
None
3. PRESENTATIONS
a. Westerly Marina Study Committee (Ad Hoc) – Discussion
Present: Douglas Brockway, Chair, Westerly Marina Study Committee
Mr. Brockway gave a PowerPoint presentation updating the Council on the Westerly Marina, which is a 43.5-acre site located on town-owned land at 23 Margin Street. He outlined the previous uses of the site and stated that the committee’s goal is for a recreational facility open to all Westerly citizens. He addressed the 13 potential uses of/services at the site. He stated that the next steps include a reclamation plan for the site as well as the need for specific engineering skills to define how much cap can be put on top of the web of wires located throughout the site for the radio antenna. He stated that the Ad Hoc Marina Committee recommends that the Town Council direct staff to pursue reclamation and hydro studies.
Discussion was held regarding the proposed uses including transient boating services, a pavilion/picnic area, and artisanal commercial fishing, possible relocation of the radio antenna, the DEM study, and possible stipulations placed on a restaurant by the Planning Board.
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. John Rago, 6 Thomas Ln – re: Watch Hill Lighthouse property – possible Town acquisition and public access
b. Dan Davidson, 216 Carolina Nooseneck Rd, Wyoming, RI – re: Westerly Marina; re: RI DEM Maintenance Agreement (Misquamicut Bike Path) and public access to Winnapaug Pond; re: Watch Hill Lighthouse property – public access
c. Matthew Ferraro, 65 Margin St – re: Watch Hill Lighthouse property
d. Thomas Miceli, 42 Quannacut Rd – re: Watch Hill Lighthouse property – possible Town acquisition and public access; re: Westerly Marina; re: Boat access in Weekapaug Pond
e. Benjamin Weber, 3 Blossom Ct – re: RI DEM Maintenance Agreement (Misquamicut Bike Path) and public access to Winnapaug Pond; re: Watch Hill Lighthouse property, Lighthouse Road and public access; re: Ninigret Avenue sand trail; re: Non-binding recommendations of the Westerly Harbor Management Commission regarding ownership of the Watch Hill Lighthouse property
COUNCILORS’ RESPONSE
The Council responded to Citizens’ Comments regarding the Watch Hill Lighthouse property about public access and possible Town acquisition; public access to the shoreline; public access to Winnapaug Pond; the membership of the Westerly Harbor Management Commission; and eminent domain.
Councilor Cordio, on a point of order, felt that Councilor Lombardo was using an excessive amount of time responding to Citizens’ Comments regarding the Watch Hill Lighthouse property and the Harbor Management Commission.
Council President Aiello ruled that the point of order is well taken, stating that it is the Council’s prerogative to establish a time limit for Councilors’ response.
5. CONSENT CALENDAR
a. Approval of Minutes
Regular – 8/7/23 (Corrected), 8/21/23
Special – 9/18/23
Executive – 8/21/23 (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. (Voted Unanimously on August 21, 2023 Regular Meeting minutes and the September 18, 2023 Special Meeting minutes; So Voted 6 to 0 on the August 7, 2023 Regular Meeting minutes, as corrected, and the August 21, 2023 Executive Minutes – Councilor Lombardo abstained because he was not a member of the Council at the August 7, 2023 meeting and because he recused from the August 21, 2023 Executive Session)
b. Fiscal Matters
Motion by Mr. LaPietra, Seconded by Mr. Overton, that the following resolutions be adopted. (Voted Unanimously)
1. 23/24-18 Resolution Authorizing The Addition To The Tax Rolls ($1,150.84)
2. 23/24-19 Resolution Authorizing Deletion To Tax Rolls ($3,318.59)
3. 23/24-20 Resolution Authorizing The Addition To The Pro-Rated Tax Roll ($11,872.42)
4. 23/24-21 Resolution Authorizing The Waiver Of Penalty For Late Payments ($600.02)
Motion by Mr. LaPietra, Seconded by Mr. Overton, that the following resolution be adopted. (So Voted 6 to 0 – Councilor Lombardo recused)
Councilor Lombardo recused himself due to a possible conflict of interest being that he is the subject of the probate matter.
5. 23/24-22 Resolution Appointing An Acting Probate Court Judge (Paula M. Cuculo, Esq.)
c. Resignations and Appointments
1. Resignation:
a. Scott Clairmont, Ad Hoc Westerly Marina Study Committee
Motion by Mr. Overton, 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 Mr. Clairmont. (Voted Unanimously)
b. Eliza Griscom, Architectural Review Board
Motion by Mr. Overton, 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. Griscom. (Voted Unanimously)
2. Appointments:
Councilor Lowther nominated Robert Paul Hayden for re-appointment to the Conservation Commission.
A vote was taken on the nomination of Robert Paul Hayden of 47 Elm Street for re-appointment to the Conservation Commission, term expiring July 2026, and the nomination carried. (Voted Unanimously)
Councilor Lowther nominated Joseph T. MacAndrew for re-appointment to the Conservation Commission.
A vote was taken on the nomination of Joseph T. MacAndrew of 1 Sosoa Lane for re-appointment to the Conservation Commission, term expiring July 2026, and the nomination carried. (Voted Unanimously)
Councilor Lowther nominated Joseph Vasile for re-appointment to the Juvenile Hearing Board.
A vote was taken on the nomination of Joseph Vasile of 33 Stuart Street for re-appointment to the Juvenile Hearing Board, term expiring September 2026, and the nomination carried. (So Voted 6 to 0 – Councilor Overton recused)
Councilor Lowther nominated Dr. Dianne Tracey Vumback for re-appointment to the Juvenile Hearing Board.
A vote was taken on the nomination of Dr. Dianne Tracey Vumback of 40 Crandall Avenue for re-appointment to the Juvenile Hearing Board, term expiring September 2026, and the nomination carried. (Voted Unanimously)
Councilor Lowther nominated Justin Hopkins for re-appointment to the Planning Board.
A vote was taken on the nomination of Justin Hopkins of 39 Highland Avenue for re-appointment to the Planning Board, term expiring August 2028, and the nomination carried. (Voted Unanimously)
Councilor Lowther nominated Matthew J. O’Neil for re-appointment to the Planning Board.
A vote was taken on the nomination of Matthew J. O’Neil of 3 Tum-A-Lum Circle for re-appointment to the Planning Board, term expiring August 2028, and the nomination carried. (Voted Unanimously)
Councilor Lowther nominated Joseph C. Manfredi, Sr. for re-appointment to the Public Works Committee.
A vote was taken on the nomination of Joseph C. Manfredi, Sr. of 34 Dunns Corner Road for re-appointment to the Public Works Committee, term expiring August 2026, and the nomination carried. (Voted Unanimously)
6. PUBLIC HEARINGS (Adv. on 9/18/23 for this time)
a. Chapter 2044 – “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) – Discussion and Possible Action
Motion by Mr. LaPietra, Seconded by Ms. Scialabba, that the public hearing be opened. (Voted Unanimously)
No one appeared in favor or in opposition.
Motion by Ms. Scialabba, Seconded by Mr. Overton, that the public hearing be closed and that the aforesaid ordinance be adopted. (Voted Unanimously)
7. NEW BUSINESS
a. 23/24-23 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
Motion by Ms. Cordio, Seconded by Mr. Overton, that the aforesaid resolution be adopted. (So Voted 6 to 0 – Councilor Lombardo absent)
b. 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
Town Manager Lacey addressed the memorandum, dated September 21, 2023, from Director of Finance Lynch regarding the sewer enterprise fund, the proposal options presented by Jacobs, and the costs involved.
It was the consensus of the Council that Town Manager Lacey prepare a resolution for the October 2, 2023 Regular Meeting for proposal Option 1B.
c. 23/24-24 Resolution Authorizing The Town Manager To Enter Into A Contract With EG Shoreline 2 LLC For The Replacement Of The Water Main Located On Mary Hall Road In Stonington, Connecticut – Discussion and Possible Action
Motion by Ms. Scialabba, Seconded by Mr. Overton, that the aforesaid resolution be adopted. (Voted Unanimously)
d. Draft Subsidy Policy & Process, Draft Subsidy Application, Draft Subsidy Change Request Form and Draft Subsidy Reimbursement Form - Discussion and Possible Action
It was the consensus of the Council that the aforesaid Draft Subsidy Policy & Process, Draft Subsidy Application, Draft Subsidy Change Request Form and Draft Subsidy Reimbursement Form be placed on the October 2, 2023 Regular Meeting agenda for consideration.
e. Proposed Ordinance – “An Ordinance In Amendment Of Chapter 2035 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)
(Order Adv. for Public Hearing on 10/16/23)
Motion by Mr. Overton, Seconded by Mr. Lowther, that the aforesaid proposed ordinance be ordered advertised for public hearing on October 16, 2023. (Voted Unanimously)
f. RI DEM Maintenance Agreement (Misquamicut Bike Path) – Discussion and Possible Action
Town Manager Lacey explained the proposed amendments to the RI DEM Maintenance Agreement.
Discussion was held regarding a suggestion that the termination clause be reduced to a three-month written notification rather than a six-month written notification and a request that the Town discuss with the State the installation of a cut-through of the guardrail on the ocean side of the State Beach along with a crosswalk on Atlantic Avenue for safe crossing by kayakers who park at State Beach parking lot wanting to utilize Winnapaug Pond.
It was the consensus of the Council that a modified RI DEM Maintenance Agreement be placed on the October 16, 2023 Regular Meeting for consideration.
g. Lighthouse Road – Westerly Town Council To Direct The Town Solicitor To Research Ownership of Road, Public Right-Of-Way And Easements – Discussion and Possible Action
Council President Aiello entered, into the record, correspondence from the following individuals regarding the Watch Hill Lighthouse property: Gale Sullivan, Matthew Ferraro and Dan Davidson.
Councilor Lombardo urged Town Solicitor Conley to not accept this job because of continued criticism and stated that the Town should hire its own private title search company.
Councilor Overton stated, for the record, that Town Solicitor Conley is awesome.
Motion by Mr. Overton, Seconded by Ms. Cordio, that the Town Solicitor be directed to research ownership of Lighthouse Road, Public Right-of-Way and Easements. A poll vote was taken as follows and the motion carried: (So Voted 7 to 0)
YES NO
Scialabba
Cordio
LaPietra
Overton
Lowther
Lombardo
Aiello
The Council confirmed that the motion would allow Town Solicitor Conley to hire a title expert, if needed, in the research into the ownership of Lighthouse Road.
h. 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 entered, into the record, correspondence from the following individual regarding support of the Westerly Habor Management Commission’s recommendations Dan Davidson.
Motion by Mr. LaPietra, that the aforesaid Letter and Non-Binding Recommendations of the Westerly Harbor Management Commission regarding ownership of the Watch Hill Lighthouse Property be tabled until more information is obtained from the Government Services Administration. There was no Second.
Council President Aiello suggested that the last sentence in the first paragraph of the draft letter from Town Manager Lacey be amended to read: “The Westerly Town Council, at its meeting held September 11, 2023, accepted the Harbor Management Commission letter and directed that it be forward to all parties involved in the decision of awarding the property.” He felt that this would highlight the letter but not highlight the Commission’s recommendations. He further suggested that another paragraph be added that reads: “The Westerly Town Council, on September 25, 2023, further discussed this matter and that the Harbor Management Commission’s non-binding recommendations would be further ironed out, but on the whole, the Town Council supports the overall Harbor Management Commission’s views.”
Responding to Councilor Overton’s question as to how the Town should move forward, Town Solicitor Conley stated that the Harbor Management Commission’s recommendations, as structured, essentially are “if the Town becomes owner of the property.” He stated that, at the Council’s direction, he will follow up with the public access and recreational piecess. He stated that the conversation he had with a Councilor, or an email written by his office, did not suggest in any way, shape, manner or form that the task of the Government Services Administration is other than to convey the property to the Watch Hill Lighthouse Keepers Association. He stated that the key language in the transactional document is that the public access piece and the recreational piece remain an important part of the diligence of the Government Services Administration. He stated that he wants to do the work first and have facts and legal research related to the facts and, when ready, will inform the Council.
It was the consensus of the Council to hold off from sending the letter to allow the Town Solicitor to perform research on the ownership of Lighthouse Road.
8. UNFINISHED BUSINESS
None
9. COMMUNICATIONS & REPORTS
a. Liaison Reports
1. Senior Citizens Center – Looking for another secretary for their board (Councilor Scialabba)
2. Westerly Public Library – Purchased and installed a new aerator for the fountain; working on the building and cottage renovations; annual meeting scheduled for September 20, 20223 (Councilor Scialabba)
3. Town Council Liaison Appointments Committee – Continue to work on proposed recommendations for ad hoc and permanent committees; hope to present to the Council in October (Councilor Lowther)
4. Affordable Housing Study Committee (Ad Hoc) – Consultant was hired through a Rhode Island housing grant to perform a full housing study of the Town; Ad Hoc committee is trying to figure how it fits in with the study and what tasks the committee is best suited for; will be educating themselves about the process (Councilor Lowther)
5. Potter Hill Dam – Councilor LaPietra and Assistant Town Manager Davy met with Town of Hopkinton Chief of Police regarding ideas about lowering the river and fighting fires – use of dry hydrants was suggested; met with the Hopkinton Town Council President to implement a plan to send out a survey to gather data of wells in Westerly and Hopkinton (Councilor LaPietra)
6. School Building Subcommittee – Working hard on projects; approximately $5 million to $6 million short of the $50 million bond; has confidence in Chairman Hopkins that this gap will be closed; will come to Council with recommendations (Councilor Overton)
7. Stand Up for Animals (SUFA) – New leadership at SUFA; SUFA resolved lease issues with Town of Westerly and Friends of Westerly Animal Shelter; any donations brought to Westerly Animal Shetler not otherwise specified will be donated to SUFA as had been previously agreed – monies will be segregated specifically for animal shelter needs; Grey Sail Brewing will be hosting an event to benefit SUFA Wednesday, October 25, 2023, at 5:30 p.m. (Councilor Lombardo)
b. Town Council – 9/25/23
1. Item #4 9/25/23 – From Hopkinton Town Council President Michael Geary – re: “Wreaths Across America” mobile education exhibit on October 28, 2023 – Councilor Overton explained the event that will be held at Crandall Field in Ashaway, RI, from 10:00 a.m. to 4:00 p.m., and he announced the special guests who will be present.
2. Health and Wellness Fair – Councilor Scialabba announced that a health and wellness fair will be held on Saturday, September 30, 2023, from 10:00 a.m. to 2:00 p.m. at the Westerly Hospital.
3. Item #5 9/25/23 – From Town Solicitor Conley – re: RI Ethics Commission training for public officials – Town Clerk LeBlanc was directed to inquire of members of boards, committees and commissions of their interest in scheduling a “live n-person” ethics training in Westerly.
c. Town Manager – 9/25/23
1. Bradford Walking Trail – Town Manager Lacey stated that a ribbon cutting ceremony for the Bradford Walking Trail has been rescheduled to Saturday, September 30, 2023, at 10:00 a.m.
d. Town Solicitor
None
e. Town Clerk
None
f. Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)
1. Rules of Procedure to Govern Town Council – Councilor Lombardo requested that the Council consider possible amendments to the Town Council Rules of Procedure. He stated that requests of the Town Manager and the Town Solicitor should be done at Council meetings or be limited to once a week. He further stated that the Council should speak as one voice to the Town Solicitor; otherwise, he would not consider it attorney-client privilege or work product. He suggested that, if the Council wants to set a time limit on Councils’ response to Citizens’ Comments, then it needs to be included in the rules. He recommended that any requested information from the Town Manager and the Town Solicitor be provided to the entire Council.
Council President Aiello stated that, if there are any rules of procedure a Councilor would like to amend/add, suggestions should be submitted to the Town Clerk for discussion at a Council meeting.
2. Transcription of Meeting Minutes – Councilor Lombardo suggested that the Town consider purchasing software for the transcription of meeting minutes.
3. Chambers Audio System and PEGRI TV – Town Manager Lacey addressed the Chamber’s audio system and the clarity and sound of the Council meetings broadcast live by PEGRI TV stating that the picture and sound is much clearer when viewed through live stream on the Town’s website. He stated that a consultant performed an assessment of the Chamber’s audio system and cameras and will provide a quote to the Town for possible upgrades.
4. Cannabis Retail Sales – Councilor Lowther referenced RIGL §21-28.11-10.2, stating that the Town has not updated its ordinances to be in compliance with the law that allows for cannabis retail sales in the State. He requested that the Council discuss this matter as well as potentially referring it to the Planning Board regarding the creation of a possible overlay district.
Town Solicitor Conley stated that he will provide the Council with a draft ordinance for review.
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. Ellen Kane, 76 Winnapaug Rd – re: Breach in privacy and confidentiality
b. Dan Davidson, Wyoming, RI – re: Cost of Litigation; re: Lighthouse Road and legal representation; re: Watch Hill Lighthouse property
COUNCILORS’ RESPONSE
Councilors responded to Citizens’ Comments regarding the Council being able to ask questions of citizens.
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 – 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; §42-46-5(a)(1) Personnel – Job Performance. (Voted Unanimously with the exception of the Litigation matter – Councilor Lombardo recused)
Councilor Lombardo recused himself from participating in the Executive Session under Litigation due to a possible conflict of interest because he served as counsel for the previous owner of the property.
Council President Aiello announced that such person has been notified in writing and advised that they may require that such discussion be held at an open meeting.
9:23 P.M. EXECUTIVE SESSION
The purpose of this Executive Session was to discuss Litigation and Personnel.
* * * * *
10:34 P.M. Voted Unanimously to adjourn and seal the minutes of this Executive Session.
10:36 P.M. Reconvened Open Session
Executive Session Report:
Council President Aiello announced that the Council discussed, under Litigation, the matter of Town of Westerly v. One Parcel of Realty, Commonly Known as 460 Bradford Road and that no votes were taken; under Personnel, Job Performance and that no votes were taken; and that the Council voted unanimously to seal the Executive Session minutes.
12. ADJOURNMENT
10:37 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.