I.                                                                        Staff present:  Stephen Sypole, Solicitor; William DePasquale, Planner; Dixie Foisy, Clerk

I.        CALL TO ORDER:

                                          II.                        Acting Chair Michael DeFrancesco called the meeting to order at 6:02 p.m.  

II.       PUBLIC COMMENT:

No public comment.

III.     NEW BUSINESS:

A.      DISCUSSION AND/OR POSSIBLE ACTION: PLANNING BOARD RULES OF PROCEDURE

Acting Chair DeFrancesco introduced this discussion and noted that the last revisions to the Rules of Procedures for the Planning Board occurred in November of 2019.  He then asked Board members to offer their input with regards to any changes or additions they felt were necessary.

1.1 GENERAL

Solicitor Sypole suggested deleting Section B, stating it was not a necessary statement.

1.2 ADMINISTRATIVE CALENDAR

(A.) To be     deleted

(B.) To read: The Planning Board shall annually review the budget of the previous year, and propose a new budget to be presented to the Town Council.

(C.) The meeting schedules for the coming year shall be proposed at the December Work Session or at the discretion of the Chair.

(D.) New information shall not be considered if it is submitted after the certification deadline.

1.3 CONDUCT OF THE MEMBERS OF THE PLANNING BOARD

(A.) Members of the Planning Board shall take such time as necessary to prepare themselves for hearings and meetings.

Suggested by Robert Corriea to replace (A.)

(No member of the Board may vote on any matter before the Board unless they have attended all the meetings concerning that matter, or can ensure that they have adequately reviewed and understand the record concerning the matter. All members may participate in any meeting to the extent of asking questions regarding the matter at hand. However, once the matter has been closed, only the voting members may discuss the matter at hand or cast a vote.)

(B.) As is.

(C.) Solicitor Sypole noted that if a Planning Board member has a possible conflict of interest, they should first contact the Rhode Island Ethics Commission for an opinion.

Discussion continued and concluded the following:

Planning Board members shall be familiar with the Rhode Island Code of Ethics.

If a Planning Board member has a possible conflict of interest, they should first contact the Rhode Island Ethics Commission for an opinion.

A Planning Board member with a conflict of interest shall immediately recuse himself or herself as a Board member and withdraw from participation in the public hearing, working session, emergency meeting, or active meeting on that item. The member shall notify the Planning Board Clerk in writing, and submit written notice as per Rhode Island Ethics Commission and Town policy.

1.4 CONDUCT OF PERSONS BEFORE THE PLANNING BOARD

(A.) As is.

(B.) Remove the voting piece, giving the Chairperson the discretion to call an individual “out-of-order.”

1.5 OFFICERS

(A.) Remove the word “active.” The addition of electing a secretary along with the Chair and Vice-Chair.

(B.) It was suggested by the Town Planner to have an elected Secretary, as well as the Chairperson and Vice-Chairperson. Solicitor Sypole also offered that the State Law says that the Planning Board or Commission shall organize annually by electing a Chair, Vice-Chair and Secretary. Discussion around Alternates was raised and their actual participation in the voting process. Gina Thurn asked if it was a state law that indicates a quorum is three? Sypole stated it's a majority, it’s the majority of the people at the meeting. The Council would need to change the makeup of the Board.

Alternate members will fill vacancies of absent members on a rotating basis.

The Planner read the following from the charter:

The Council may appoint two auxiliary members of the Board, each shall serve a position for a term of five years, who may be called upon to sit as members of the Board in order to ensure that there are five Board members present for any hearing in the session. In the event that any matter before the Board is likely to be continued, for more than one hearing, the Chairperson may request that an auxiliary member participate at the hearing. An auxiliary member shall be authorized to vote on that matter, when an active member becomes unable to serve at those hearings.

(C.) Deleted.

1.6 PLANNING BOARD OFFICERS AND THEIR DUTIES

(A.) The Planner noted that now with the combining of the Zoning and Planning Board the need to change the Board’s Rules of Procedure with regards to Major and Minor Land Developments.

The Chairperson shall preside at all meetings and hearings of the Planning Board, assure proper order of the Planning Board and the public in all proceedings and shall decide all points of order and procedure in consultation with the Solicitor.

 1.  Certify all actions in conducting meetings of the Planning Board

 2.  Sign all documents of the Planning Board

 3.  Prepare the agenda of the Planning Board with the Town Planner

 4.  Call special meetings and appoint any necessary committees

 5.  Make any assignments required in discharging the duties of the Planning Board,

 6.  Represent, or designate a Planning Board member to represent the Planning Board before

      legislative and administrative bodies.

(B.) As is.

(C.) Where both the Chairperson and Vice Chairperson are absent from a hearing or meeting, the                                 Secretary shall act as Chairperson and in the event that all three individuals are unable to attend,

the Planning Board members shall elect a Chairperson-Pro-Tem.

1.7 SUPPORT TO THE PLANNING BOARD AND THEIR DUTIES

(A.) Clerk: Remove indexing and replace with the word filing.

(B.) Consultants: …may hire qualified consultant in accordance with town regulations.

(C.) Legal Counsel: add, attend meetings, defend the Planning Board with appeals.

(D.) Town Planner: As is.

(E.) Future Planning Board Staff: As is.

1.8 HEARINGS OF THE PLANNING BOARD

(A.)  All hearings and meetings of the Planning Board shall be open to the public as required in Chapter 42-46 of the General Laws of Rhode Island, as amended. Closed meetings may be held only in accordance with the requirements of Sections 4 and 5 of said Chapter 42-46.

(B.)  Hearings of the Planning Board shall be conducted in accordance with state statute.

(C.) The order of business of all public hearings and informational meetings of the Planning Board may be as follows:

   1.  Motion to open hearing or meeting.

   2.  Overview or presentation by the staff summarizing item.

   3.  Presentation by the applicant.

   4.  Comments and questions of the Planning Board, staff and consultants to the Planning

         Board.

   5.  Comments and questions by the public.

1.9 MEETINGS OF THE PLANNING BOARD

(A.) Regular Meeting: A noticed official meeting, open to the public, during which the Planning Board deliberates and may make a substantive vote on specific items.

Regular meetings of the Planning Board shall start a 6 P.M. and end not later than 9 P.M. unless voted on to extend.

Hearings shall be held on active meeting nights unless deemed impractical because of scheduling conflicts or time constraints, and when a hearing is continued to another date. A regular meeting or hearing may be continued to another date by a vote of the majority of the members of the Planning Board and no further public notice shall be required provided the time, place and date of the resumption of the meeting or hearing is announced at the time of continuance and is not subsequently changed.

The order of business of all regular meetings of the Planning Board shall be as follows:

1.                               Call to order and determination of quorum.

2.                               Old business including public hearings carried over from earlier meetings.

3.                               New business including public hearings on new applications.

4.                               Acceptance of minutes of prior meetings.

5.                               Correspondence.

6.                               Other business and reports from the Solicitor and Town Planner.

7.                               Adjournment.

(B.) Work Session: A noticed official meeting open to the public, but generally not for public comment. The Planning Board may make a substantive vote on items on the agenda as it deems appropriate; the primary intent of the working session is informational.

(C.) Executive Meeting: As is.

(D.) A quorum shall be a minimum of three (3) members.

(E.) Alternate Members: The Board shall include two (2) alternate or auxiliary members. Both alternate members shall sit and actively participate in hearings. In the absence of a regular member, an alternate member shall be established and will sit and vote on specific applications. In the absence of two regular members, both alternate members shall sit and vote. Alternates may vote on administrative issues and the election of officers.

1.10 FORM OF MOTIONS

(A.) The form of a motion shall conform to those offered within Robert’s Rules of Order (Latest Edition).

1.11 REPETITIVE APPLICATIONS AND WITHDRAWALS

(A.) The Planning Board will not accept a second application that is substantially similar to an application which has been adversely decided for a period of one (1) year from the date of the posting of the decision on an earlier application unless facts are presented to the Planning Board indicating a substantial material change in conditions or circumstances relating to the original application.

(B.) Upon good cause shown by the applicant the Planning Board may grant leave to withdraw without prejudice. In such cases, the Planning Board may immediately set a date for a continuance, if requested to do so. If no continuance is requested or if the Planning Board denies a continuance, the application must be refilled and readvertised and the filing fee paid again.

The filing fee will not be refunded.

(Certificate of Completeness copy to come from the Planner)

1.12 WAIVER OF PROCEDURAL RULES

(A.) Any provision of these rules may be waived at any time by unanimous vote of the active or active participating members of the Planning Board, unless the waiver is inconsistent with governing laws.

1.13 ADOPTION AND AMENDMENT OF RULES OF PROCEDURE

(A.) These Rules of Procedure may be amended at any time as needed and determined by the Planning Board.

(B.) the Rules of Procedure adoption or amendment shall be made following prior notice of public meeting, at which the Rules of Procedure shall be adopted or amended upon a vote of a majority plus one of the active members of the Planning Board.

(C.) Adoption or amendment of the Rules of Procedure shall take effect immediately upon passage.

(D.) These Rules of Procedure were adopted by the Exeter Planning Board on (Revised Date).

B.      ELECTION OF CHAIRPERSON, VICE-CHAIRPERSON, AND SECRETARY:

Acting Chair-pro-tem Michael DeFrancesco introduced this topic and stated that he has had a couple of discussions and is willing to continue as Chairman, but felt that within a few months he is willing to hand the responsibilities off to the Vice Chairman, because he believes someone else coming along should become Chair in order to maintain continuity going forward.

Gina Thurn asked Mr. DeFrancesco what are the behind the scene responsibilities that we may not see? Mr. DeFrancesco indicated that there are few additional items besides overseeing the meetings. He explained that the Planner and the Clerk create the agenda based on the applications received.  A draft agenda is then sent to the Chair to review the and to make any revisions and/or additions, and finally to approve.

William Haas made a motion to nominate Michael DeFrancesco as Chairman. Donna Di Donato seconded the motion; the vote was all in favor (5-0). (William Haas, Gina Thurn, Robert Corriea, Michael Viveiros, Donna Di Donato).      

Donna Di Donato made a motion to nominate Gina Thurn as Vice Chairman. Michael Viveiros seconded the motion; the vote was all in favor (5-0). (Michael DeFrancesco, William Haas, Robert Corriea, Michael Viveiros, Donna Di Donato).

Michael DeFrancesco made a motion to nominate William Haas as Secretary, Robert Corriea seconded the motion; the vote was all in favor (5-0). (Michael DeFrancesco, Gina Thurn, Robert Corriea, Michael Viveiros, Donna Di Donato).      

IV.   OLD BUSINESS:

A.     Continued Discussion and/or Possible Action: Draft Changes to the Zoning Use Table, Exeter Zoning Ordinance Article II, Section 2.4.

This agenda item was not heard at this meeting and will be continued to the next work session on October 8, 2024.

V.                   ADMINISTRATIVE:

A.    Approval of Meeting Minutes:  The August 27, 2024 meeting minutes were not ready to be reviewed at this meeting.  They will be placed on the next meeting agenda.

B.     Future Meeting: Planning Board Site Visit and Regular Meeting–Tuesday, September 24, 2024 at 5:30 p.m., Wolf Rock Road; and will reconvene at the Town Hall at 7:00 p.m. for regular meeting.

Planner DePasquale explained that the Board needed to have a site visit at the planned Wolf Rock Estates, and that minutes must be taken at that time. Also, that a quorum is required at the site. Michael DeFrancesco, William Haas, Robert Corriea and Gina Thurn indicated that they would be available to make this site visit/meeting.

The Planner also noted that at the regular meeting, Tilted Barn will be returning for a requested zone change presentation, which is slated to be held at the Town Hall beginning at 7:00 p.m., immediately following the site visit.

VI.               ADJOURNMENT:

Motion to adjourn made by Bill Haas, seconded by Michael Viveiros; voted all in favor. 

MOTION PASSED.   The meeting adjourned at 8:25 p.m.

Respectfully submitted,  

Rebecca Lukowicz

M. Dixie Foisy

Planning Board Clerk