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REGULAR MEETING | WESTERLY TOWN COUNCIL | COUNCIL CHAMBERS |
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MONDAY | JUNE 3, 2024 | 5:30 P.M. |
William J. Aiello, President; Philip M. Overton, Vice President
Councilors Kevin J. Lowther, II, Joy L. Cordio, Dylan J. LaPietra,
Mary E. Scialabba, Robert L. Lombardo
Shawn Lacey, Town Manager; Law Firm of William J. Conley, Jr., Town Solicitor
Mary L. LeBlanc, MMC, Town Clerk; Patrick J. Falcone, Town Sergeant
Livestream: https://westerlyri.gov/TownCouncilLive
Live Broadcast: PEG RI-TV Channel 18 (Cox) or Channel 29 (Verizon)
Written public comment can be submitted prior to the meeting by emailing mleblanc@westerlyri.gov.
All comments must be received no later than 10:00 a.m. on the day of the meeting in order to be entered into the record of the meeting.
INVOCATION – Councilor Scialabba
SALUTE TO THE FLAG – Council President Aiello
2. RECOGNITIONS, AWARDS & MEMORIALS
None
a. Town of Westerly, RI Housing Needs Assessment and Market Study by Camoin Associates
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 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. 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.
COUNCILORS’ RESPONSE (Councilors may have up to five (5) minutes to respond to Citizens’ Comments, should not engage in discussions between Councilors, shall maintain decorum, and shall refrain from personal attacks and disparaging remarks. A level of decorum is the expected standard.)
5. CONSENT CALENDAR (all items are considered routine and can be approved by one motion; however, if discussion is necessary on any item, it can be moved to “New Business”)
a. Approval of Minutes
Regular – 5/20/2024
b. Fiscal Matters
1. Resolution Authorizing the Waiver of Penalty for Late Payments ($376.87)
2. Resolution Authorizing Payment to The Law Office of Cameron & Mittleman LLP (Litigation Matters – Weekapaug Fire District Property – $1,156.00)
c. Resignations and Appointments
1. Appointments:
6. PUBLIC HEARINGS (Adv. on 5/13, 5/20 & 5/27/24 for this time)
a. Proposed FY2024/2025 Water, Sewer and Transfer Station Budgets – Discussion and Possible Action
(Please bring materials previously submitted)
b. Proposed Ordinance – “An Ordinance Setting Water Rate Schedules for the 2024-2025 Fiscal Year” (Single Unit Residential - $126.00 per unit Service Charge plus $4.46 per 100 cu. ft. in excess of 4,800 cu. ft. per meter; Commercial & Industrial - $126.00 per unit Service Charge plus $5.16 per 100 cu. ft. in excess of 4,800 cu. ft. per meter; increase Cross Connection inspection $85.00 per location) – Discussion and Possible Action
c. Proposed Ordinance – “An Ordinance Establishing the Sewer Use or Service Charge for Fiscal Year 2024-2025” ($356.00 per unit) – Discussion and Possible Action
d. Proposed Ordinance – “An Ordinance Establishing the Ad Valorem Tax on Personal and Real Property for The Fiscal Year 2024-2025” ($0.64 per $1,000 of assessed valuation) – Discussion and Possible Action
e. Proposed Ordinance – “An Ordinance in Amendment of Chapter 1439 Of the General Ordinances of The Town of Westerly Entitled ‘Re-Enact and Re-Adopt Chapter 1242 Entitled ‘The Westerly, Rhode Island, Zoning Ordinance Of 1998, As Amended’” (§260-50. Affordable Housing – Amend §260-50.2 – Inclusionary zoning – Eliminate payment of fee in lieu of construction) – Discussion and Possible Action
Recommendation from Planning Board filed 5/1/2024
7. NEW BUSINESS
a. Resolution Approving a Collective Bargaining Agreement with The Rhode Island Laborer’s District Council of The Laborer’s International Union of North America, AFL-CIO (LIUNA) On Behalf of Local 808 – Discussion and Possible Action
(Fiscal Impact Statement attached)
b. Resolution of the Westerly Town Council Authorizing the Town Manager to Enter into a Contract with Jacobs for Well Site Water PFAS Treatment System Concept Design Development ($55,978.00) – Discussion and Possible Action
c. Watch Hill Lighthouse Section 14 Continuing Authorities Program (CAP) Study, Letter of Consent – Discussion and Possible Action
1. Federal Interest Determination (FID) Report
2. Continuing Authorities Program (CAP) Model Federal Cost Share Agreement (FCSA)
3. US Army Corps of Engineers Policy on Non-Profit Sponsors
d. Ice Skating Rink Property, 61 Main Street – Discussion Only
e. Possible Amendments to The Town Charter – Discussion Only
1. Proposed Amendments Submitted by Advisory Charter Revision Commission
2. Proposed Amendments Submitted by Residents
f. Possible Road and Sidewalk Bond, Up to Fifteen Million Dollars ($15,000,000.00) – Discussion and Possible Action
8. UNFINISHED BUSINESS
a. Resolution of the Westerly Town Council Authorizing the Use of Funds Toward the Westerly Public Schools Capital Project for Synthetic Turf Fields at the Westerly High School Campus, For Augeri Field and The Quad – Resolution 22/23-56, adopted March 20, 2023 – Discussion and Possible Action
b. Proposed Ordinance – “An Ordinance in Amendment of Section 145-25, Residential Zone Short-Term Rental Registration, of Chapter 145 of the Westerly Code of Ordinances Entitled ‘Housing Standards’” – Discussion and Possible Action
(Order Adv. for Public Hearing on 6/17/2024)
c. Proposed Ordinances – Re: Cannabis Retail Sales – Discussion and Possible Action
1. Proposed Ordinance – “An Ordinance in Amendment of Part II of The Town of Westerly Code of Ordinances Entitled, “General Legislation” Chapter 260 Entitled “Zoning” Article XI Entitled “Development Standards for Particular Uses” And Attachment 11 Entitled “Zoning District Use Tables” to Include Cannabis Retail Sales – Discussion and Possible Action
(Order Adv. for Public Hearing on 7/1/2024)
a. Planning Board Recommendation filed 5/8/2024
2. Proposed Ordinance - “An Ordinance in Amendment of Part II of The Town of Westerly Code of Ordinances Entitled, “General Legislation” Chapter 68 Entitled “Alcoholic Beverages” to Include Cannabis – Discussion and Possible Action
(Order Adv. for Public Hearing on 7/1/2024)
3. Proposed Ordinance - “An Ordinance in Amendment of Part II of The Town of Westerly Code of Ordinances Entitled, “General Legislation” Chapter 179 Entitled “Parks and Public Areas” to Address Alcohol and Drug Use – Discussion and Possible Action
(Order Adv. for Public Hearing on 7/1/2024)
9. COMMUNICATIONS & REPORTS
(Backup materials for the following reports can be viewed on the Town of Westerly website at www.westerlyri.gov. Written communication is not considered an agenda item.)
a. Liaison Reports
b. Town Council – 5/20/24, 6/3/24
c. Town Manager – 5/20/24
d. Town Solicitor
e. Town Clerk
f. Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)
g. Requests of Town Manager by Councilors
h. Requests of Town Solicitor by Councilors
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. Comments shall be open to agenda items and any Town Government matter over which the Council has supervision, control, jurisdiction, or advisory power. Other matters may be heard by a majority vote of the Council.
COUNCILORS’ RESPONSE (Councilors may have up to five (5) minutes to respond to Citizens’ Comments, should not engage in discussions between Councilors, shall maintain decorum, and shall refrain from personal attacks and disparaging remarks. A level of decorum is the expected standard.)
11. POSSIBLE EXECUTIVE SESSION
The Council may vote 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:
a) §42-46-5(a)(2) Litigation – Robert J. Broccolo, Sr. v. Town of Westerly et al. – C.A. No.: WC-2024-0137
b) §42-46-5(a)(2) Litigation – Roger Hall vs. Town of Westerly – Washington County Case No.: 2017-0109
c) §42-46-5(a)(2) Collective Bargaining – Local 808 Contract
42-46-6(b) “…Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.
INDIVIDUALS REQUESTING INTERPRETER SERVICES FOR THE HEARING IMPAIRED MUST CALL 348-2505 IN ADVANCE OF THE HEARING DATE.
The Town Council agenda and supporting documents can be accessed on the Town of Westerly website at www.westerlyri.gov.
POSITIONS AVAILABLE ON THE FOLLOWING BOARDS:
(Applications can be obtained on the Town of Westerly’s website www.westerlyri.gov
and submitted to the Office of Town Clerk)
BOARD OF RECREATION (FULL MEMBER)
HOUSING AUTHORITY (FULL MEMBER)
BOARD OF ASSESSMENT REVIEW (AUXILIARY MEMBER)
JUVENILE HEARING BOARD (FULL MEMBER)
PUBLIC WORKS COMMITTEE (FULL MEMBER)
PUBLIC WORKS COMMITTEE (ALTERNATE MEMBER)
BOARD OF FINANCE (FULL MEMBER)
CONCERTS ON THE BEACH COMMITTEE (FULL MEMBER)
COASTAL RESOURCES MANAGEMENT COUNCIL (ALTERNATE MEMBER)
HARBOR MANAGEMENT COMMISSION (FULL MEMBER)