1.     5:34 P.M.  CALL TO ORDER

 

Present:   Pres. Aiello, Vice Pres. Overton

                 Councilors Lowther, Cordio, LaPietra, Scialabba

                 T. Mgr. Lacey, T. Sol. Conley

                 Co. Clk. LeBlanc, T. Sgt. Falcone

 

Absent:    Councilor Lombardo

 

INVOCATION – Councilor LaPietra

 

SALUTE TO THE FLAG – Council President Aiello

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

a.      Congratulations – Brayden Kazarian, Eagle Scout Award

 

     No one was present to accept the commendation, read aloud by Councilor Overton.

 

b.      Congratulations – Westerly High School Tennis Team, RIIL Division 2 Champions

 

     Coach Terrence McAndrew and members of the Westerly High School Girls Tennis Team, were present to accept the resolution, read aloud by Councilor LaPietra.

 

c.      Congratulations – Age Friendly Westerly

 

     Cassie Skobrak and Sue Ogle were present to accept the commendation, read aloud by Councilor Lowther.

 

 

 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 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. 

 

a.     Elizabeth Noonan, Esq., Adler Pollock & Sheehan, PC, representing Save the Wetlands and Pawcatuck River Association – submitted and read aloud a letter regarding the Potter Hill Dam which is attached hereto and made a part of the record of these proceedings

 

b.     Carol Rosen, 9 River Rd, Ashaway – re: Potter Hill Dam – submitted a copy of the Town of Hopkinton’s Resolution in Support of Maintaing the Water Level of the Pawcatuck River which is attached hereto and made a part of the record of these proceedings

 

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.)

 

     Councilors responded to Citizens’ Comments regarding the Potter Hill Dam relative to Modified Alternative E and the request for a project manager.

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes

Regular – 10/7/24, 11/4/24

Special – 10/28/24

Executive – 9/16/24 (Sealed)

 

Motion by Ms. Scialabba, Seconded by Ms. Cordio, that the October 7, 2024 Regular Meeting minutes and the September 16, 2024 Executive Session minutes be accepted and approved as printed and that the Executive Session minutes be sealed.  (So Voted 5 to 0 – Councilor Overton abstained; Councilor Lombardo absent)

 

Motion by Mr. Overton, Seconded by Ms. Scialabba, that the November 4, 2024 Regular Meeting minutes and the October 28, 2024 Special Meeting minutes be accepted and approved as printed.  (So Voted 6 to 0 – Councilor Lombardo absent)

 

        b.     Fiscal Matters

 

Motion by Mr. Overton, Seconded by Mr. LaPietra, that the following resolutions be adopted.  (So Voted 6 to 0 – Councilor Lombardo absent)

 

1.     24/25-40 Resolution Authorizing Deletion to Tax Rolls ($512.45)

 

2.     24/25-41 Resolution Establishing Sewer Debt Service Rate

 

3.     24/25-42 Resolution Authorizing Payment to The Law Office of Cameron & Mittleman LLP (Litigation Matters – $238.00)

 

        c.     Resignations and Appointments

 

                       None

 

 

 6.    PUBLIC HEARINGS

 

               None

 

 

 7.    UNFINISHED BUSINESS

 

               None

 

 

 8.    NEW BUSINESS

 

Suspend Town Council Rules of Procedure – Rule 9(d) – Council Operations to Discuss and Consider the Following Item:  8.a., 8.b., 8.c., 8.d., and 8.e.

 

Motion by Mr. Overton, Seconded by Mr. LaPietra, 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 discuss and consider the following resolutions – Item 8(a), 8(b), 8(c), 8(d), and 8(e).  (So Voted 6 to 0 – Councilor Lombardo absent)

       

a.     24/25-43 Resolution Authorizing the Town Manager to Enter into a Contract with Bilray Corporation (Demolition of the building at 41 Margin Street - $35,000) – Discussion and Possible Action

       

        1.   Contract 25-37, Contract Agreement

 

Motion by Mr. LaPietra, Seconded by Mr. Overton, that the aforesaid resolution be adopted.  (So Voted 6 to 0 – Councilor Lombardo absent)

 

b.     24/25-44 Resolution Authorizing the Town Manager to Enter into a Contract with Fuss & O’Neill, Inc. for Professional Services Related to Planning Assistance for The Pawcatuck River Aquatic Connectivity at Potter Hill Dam Project (Not to Exceed $432,650) – Discussion and Possible Action

 

        1.   Amendment to the Agreement

 

     Town Solicitor Conley stated that, just as this meeting convened, Attorney Elizabeth Noonan brought to his attention an email she had sent suggesting that Councilor Cordio may have a conflict of interest in voting on the aforesaid contract and that she should obtain an advisory opinion from the Ethics Commission.

 

     Councilor Cordio stated that she is employed by South County Tourism Council and that one of its board members is the Executive Director of the Wood Pawcatuck Watershed Association.  She stated that she will seek an advisory opinion but, tonight, she will still be participating in the discussion of or voting on this matter.

 

Motion by Mr. LaPietra, Seconded by Mr. Overton, that the aforesaid resolution be adopted.  A poll vote was taken as follows and the motion carried:  (So Voted 4 to 2 – Councilors Scialabba and Lowther dissented; Councilor Lombardo absent)

 

                                                YES                                         NO

 

                                               Cordio                                    Scialabba

                                               LaPietra                                 Lowther

                                               Overton

                                               Aiello

Lombardo – absent

 

c.     24/25-45 Resolution Authorizing the Town Manager to Complete the Purchase of the Property at 328 Atlantic Avenue – Discussion and Possible Action

 

Motion by Mr. LaPietra, Seconded by Mr. Overton, that the aforesaid resolution be adopted and that funds be taken from the 2024 fund balance.  (So Voted 6 to 0 – Councilor Lombardo absent)

 

d.     24/25-46 Resolution Authorizing the Westerly Multicultural Committee to Serve as the 2025 Neighbor Day Committee – Discussion and Possible Action

 

Motion by Mr. LaPietra, Seconded by Mr. Overton, that the aforesaid resolution be adopted.  (So Voted 6 to 0 – Councilor Lombardo absent)

 

e.     Proposed Ordinance – “An Ordinance in Amendment of Article XIX, Concerts on the Beach Committee, of Chapter 5 of the Westerly Code of Ordinances entitled ‘Boards, Committees and Commissions’” (Amend §5-84 Membership; terms; vacancies) – Discussion and Possible Action

        (Order Adv. for Public Hearing on 12/16/24)

 

Motion by Mr. Overton, Seconded by Ms. Cordio, that the aforesaid proposed ordinance be ordered advertised for public hearing on December 16, 2024.  (So Voted 5 to 1 – Councilor Scialabba dissented; Councilor Lombardo absent)

 

 

 9.    COMMUNICATIONS & REPORTS

 

        a.     Liaison Reports

 

        b.     Town Council – 11/18/24

 

1.     Item #1 11/18/24 – From Richard A. Lefebvre, Palm Coast, Florida – re: Watch Hill Fire District Trash and Recycling Pick Up – Councilor LaPietra addressed the aforesaid correspondence, stating that the matter should be addressed by the Watch Hill Fire District.

 

        c.     Town Manager – 11/18/24

 

        None

 

        d.     Town Solicitor

 

        None

 

        e.     Town Clerk

 

        None

 

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

1.     Agenda Referral List

 

        g.     Requests of Town Manager by Councilors

 

1.     Potter Hill Dam – Councilor Lowther Kevin requested that the Town Manager provide the incoming Council with information regarding the services of Lighthouse Consulting Group so that they understand the scope of their responsibilities.

 

2.     TIAA Issues – Responding to Councilor Cordio, Town Manager Lacey stated that he provided the Council with an email with a complete overview of the matter.  He stated that he was just informed by the Finance Director via email that the shortfall should be in the teachers’ account within 48 to 72 hours.

 

3.     Letter from Jacobs to Utilities Superintendent Max Sposato regarding the capacity of the Wastewater Treatment Facility – Responding to Councilor Cordio, Town Manager Lacey reported that the upgrades are in the design phase.  He stated that once the design phase and the construction is completed, the anticipated capacity is from 1,400 to 1,600 additional units over the next twenty years.  He noted that, of those units, there are currently 333 units that have not been tied into the sewer system.  He reported that the Town is also under contract with Jacobs to develop a plan for developers to pay a fee for a study to determine if the treatment plant can handle the increased capacity. 

 

4.     Drinking Water Consumer Notice regarding Lead Service Line – Responding to Council Scialabba as to whether an updated letter will be mailed out to homeowners to alleviate some of the confusion to the residents and explain how the process will work. Town Manager Lacey stated that the letter was mandated by the RI Department of Health and was only sent to homes that have lead services to the property.  He explained that the letter advises homeowners that there may be a lead service line connected to the property and that the Water Department wants to schedule a time to visit the property.  He stated that another letter will be mailed to all customers regarding lead levels.  He further stated that a news blast can be placed on the Town’s website.

 

        h.     Requests of Town Solicitor by Councilors

 

1.     Updates – Responding to Councilor Lowther, Town Solicitor Conley stated that he can resend his responses regarding Councilor Lowther’s request for two updates from last week.

 

 

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.  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.

 

a.     Alexandra Healy, 101 Bowling Ln, newly elected Town Council member – re: Thanked Councilor Scialabba for suggesting a newsflash regarding the Drinking Water Consumer Notice regarding lead service line; re: TIAA – Commended Councilor Cordio on the transition and the information she has provided to her; re: Thanked the Council for everything that they have done during its term and especially thanked Councilor Lowther for his service

 

b.     Denise Doughty, Connecticut resident, property owner of 28 River Rd, Ashaway – re: Impressed by this Town Council and appreciates this Town Council and appreciates Westerly; re: Potter Hill Dam relative to new wells and wetlands

 

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.)

 

     Councilors responded to Citizens’ Comments regarding the Potter Hill Dam relative to Fuss & O’Neill contract and private wells and congratulations to newly elected Council member.

 

 

11.   POSSIBLE EXECUTIVE SESSION

 

Motion by Ms. Scialabba, 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) Possible Litigation – Claims of Dzenis Jasavic and Ayla Jasavic and §42-46-5(a)(2) Possible Litigation – Claim of Sabrina Minic-Jasavic.  (So Voted 6 to 0 – Councilor Lombardo absent)

 

7:10 P.M.  EXECUTIVE SESSION

 

     The purpose of this Executive Session was to discuss Possible Litigation.

 

*                    *                    *                    *                    *

 

7:20 P.M.  So Voted 6 to 0 to adjourn and seal the minutes of this Executive Session.  (Councilor Lombardo absent)

 

        7:25 P.M.  Reconvened Open Session.

 

Executive Session Report

 

     Council President Aiello announced that the Council discussed Possible Litigation and that a vote was taken, and that the Council voted 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

 

        7:26 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.