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AGENDA
May 11, 2021
Via Zoom/Youtube
7:00 PM
Due to the COVID-19 pandemic, the Governor has signed an Executive Order allowing teleconference meetings under the Open Meetings Act (OMA). All those desiring to participate in the meeting may join by using the information below.
The Meeting will be live streamed on YouTube (Copy and Paste the Entire Line/Link)
https://www.youtube.com/channel/UCfEVQCccrGO03Tm3KtfeJzQ
Zoom meeting telephone access: (888) 788 0099 Webinar ID: 880 9584 5047 Password: 490270
Enter: # when asked for participation ID
Those participating by telephone who wish to speak during the public hearing are asked to press *9 to “raise hand” to be recognized by the Town Council President. Those participating via the web may utilize the “raise hand” button.
Or please use the link below to join the webinar:
https://us02web.zoom.us/j/88095845047?pwd=eGNSZVREeCt5QTVJQ3NFMDJrS0ErZz09
Password: 490270
Agenda and Attachments: https://clerkshq.com/warren-ri
PLEDGE OF ALLEGIANCE: 
PUBLIC COMMENT:
Written public comment to be read into record must be submitted via email to ssperoni@townofwarren-ri.gov no later than 4:00 PM on May 11, 2021. Live public comment will only be allowed by using the log in / call in information above.
BUDGET: FINAL APPROVAL – FISCAL YEAR 2021-2022
PRESENTATION:
Warren Prevention Coalition Grant
RESOLUTION:
Resolution from the Town of Warren: Hate Has No Home in Warren
Conservation Commission Board -1 position
1.
Economic Development Board -1 full & 1 alternate position
1. Nate Luis Silva 120 Arlington Avenue Warren, RI 02885
2. Nicole Rose Lyons, PhD 840 Main Street, Warren RI 02885
Planning Board- 1 position
Voluntary Historic District Committee- Board of Appeals -2 positions
1.
ACCEPTANCE OF MINUTES:
Acceptance of April 13, 2021 Regular Scheduled Minutes
Acceptance of April 13, 2021 Executive Session Minutes
*Consent Agenda- all items listed with an asterisk (*) are considered to be routine by the Town Council and will be enacted by one motion. There will be no separate discussion of these items unless requested by a council member or citizen, in which event the item will be withdrawn from the General Order of Business and considered in the normal sequence on the agenda.
*CONSENT AGENDA:
*P-1, *P-2
ORDINANCE:
O-1
Chapter 18, ARTICLE V. - TREE ORDINANCE, Sec. 18-101.thru Sec 18-120
(1st reading).
O-2
Chapter 7- Amendment to ARTICLE IV, Sec. 7-132, et seq. Affordable Housing Trust Fund. (1st reading)
O-3
Chapter 4, Article II-BUILDING CODE, Sec 4-26 thru Sec 4-68 (2nd reading).
ARTICLE II. - BUILDING CODE
DIVISION 1. - GENERALLY
Sec. 4-26. - Adopted.
The town building code is the state building code adopted pursuant to G.L. 1956, § 23-27.3-1 et seq. Sec. 4-27. - Permit fees.
(a)
New construction—Building permit fees. Renovations, alterations & demolition – Residential, Commercial and Industrial Building permit fees.
(1) Residential uses—Not including sheds and pools—See subsection (b)(1)b.1. below:
a. Calculated value =
1. $55.00 per square foot (includes all habitable space) (plus)
2. $10.00 per square foot (foundations and storage areas) (plus)
3. $30.00 per square foot (garages, decks, porches, balconies)
b. Formula = (round up to the nearest thousand)
1. Calculated value x $10.00 per thousand = Town fee (plus)
2. See subsection (d) for additional fees.
(2) Commercial/industrial uses—Not including sheds and pools—See subsection (b)(2)b.1.
a. Calculated value =
1. $65.00 per square foot (includes all space under roof) (plus)
2. $10.00 per square foot (foundations) (plus)
3. $30.00 per square foot (exterior decks, porches, balconies)
b. Formula = (round up to the nearest thousand)
1. Calculated value x $10.00 per thousand = Town fee (plus)
2. See subsection (d) for additional fees.
(b) Renovations/alterations/demolition—Building permit fees.
(1) Residential uses.
a.(1) Estimated cost value (ECV) = estimated cost of work including labor and materials. Building official has discretion to increase or decrease this value.
b.(2) Formula = (round up to the nearest thousand)
| ESTIMATED COST VALUE | FEE SCHEDULE |
| $1- $10,000 | $13 per $1,000 |
| $10,001-$50,000 | $130 plus $11.00 per $1,000 exceeding $1,000 |
| $50,001-no limit | $570 plus $9 per $1,000 Exceeding $50,000 |
| MINIMUM FEE = $65 | |
1. Job specific fees = Town fee (minimum fee = $30.00)
i. Renovations/alterations—(ECV) x $10.00 per thousand
ii. Sheds less than 400 square feet = $30.00
Greater than 400 square feet—Use formula for garages/new construction
iii. Window installation = $5.00 per window
iv. Fence installation = $0.25 per lineal foot
v. Pools less than 20 feet round and 400 square feet = $40.00
Greater than 20- foot round and 400 square feet = $60.00
vi. Roofs—per dwelling unit = $60.00
vii. Demolition—per dwelling unit = 100.00
viii. Demolition—per accessory structure (up to 400 sq. ft.) = $40.00
(plus)
2. See subsection (d) for additional fees.
(2) Commercial/industrial uses.
a. Estimated cost value (ECV) = estimated cost of work including labor and materials.
Building official has discretion to increase or decrease this value.
b. Formula = (round up to the nearest thousand)
1. Job specific fees = Town fee (minimum fee = $50.00)
i. Renovations/alterations—(ECV) x $10.00 per thousand
ii. Signs—$2.00 per square foot
iii. Demolition—All structures up to 5,000 sq. ft.—$100.00
iv. Demolition—All structures between 5,000 and 10,000 sq. ft.—$150.00
v. Demolition—Structures over 10,000 sq. ft.—$200.00 or formula for Renovations/alterations (whichever is greater)
vi. Pools less than 20 feet round and 400 square feet = $60.00
Greater than 20- foot round or 400 sq. ft.—Use formula for renovations/alterations
vii. Sheds less than 400 square feet = $50.00
Greater than 400 square feet—Use formula for garages/new construction
viii. Window installation = $7.00 per window
ix. Fence installation = $0.50 per lineal foot
x. Roofs—Use formula for renovations/alterations
(plus)
2. See subsection (d) for additional fees.
(c) Plumbing, mechanical, electrical permit fees.
(1) Residential uses.
a. Estimated cost value (ECV) = estimated cost of work including labor and materials. Building official has discretion to increase or decrease this value.
b. Formula = (round up to the nearest thousand)
1. Initial fee = $40.00 (plus)
2. Job specific fees = Town fee
i. Plumbing—Mechanical
A. New work/renovations/alterations—(ECV) x $10.00 per thousand
B. Hot water heating system—$20.00 per unit
C. Heating appliance—$30.00 per unit
D. Heating/cooling system—$40.00 per unit
E. Plumbing fixture—$10.00 per fixture
ii. Electrical.
A. New work/renovations/alterations—(ECV) x $15.00 per thousand
B. Electrical service—$50.00 per meter
C. Pool wiring—$30.00
(plus)
iii. See subsection (d) for additional fees.
(2) Commercial/industrial uses.
a. Estimated cost value (ECV) = estimated cost of work including labor and materials.
Building official has discretion to increase or decrease this value.
b. Formula = (round up to the nearest thousand)
1. Initial fee = $50.00 (plus)
2. Job specific fees = Town fee
i. Plumbing—Mechanical.
A. New work/renovations/alterations—(ECV) x $10.00 per thousand
B. Hot water heating system—$30.00 per unit
C. Heating appliance—$40.00 per unit
D. Heating/cooling system—$50.00 per unit
E. Plumbing fixture—$12.00 per fixture
ii. Electrical.
A. New work/renovations/alterations—(ECV) x $15.00 per thousand
B. Electrical service—$60.00 per meter
C. Pool wiring—$40.00
(plus)
(3) See subsection (d) for additional fees.
(d) Miscellaneous fees.
(1) State fee = (Calculated value or estimated cost value) x $ 1.00 per thousand; calculated on all permits. Subject to change per RI General Laws; maximum fee of $50.00 for residential structures and uses.
(2) State radon fee = (Total square footage - decks, porches, balconies) x $0.02; calculated on new residential structures only. Subject to change per RI General Laws.
(3) Plan review fee = (Town fee) x 20%; fee only to be assessed if plans are reviewed by the building official.
(4) Substantial completion fee = $50.00 (residential uses); $100.00 commercial/industrial uses); partially refundable fee is collected at time of application for all permits except permits that require a certificate of occupancy. A portion of this fee $40.00 (residential uses); $90.00 (commercial/industrial uses) will be refunded upon the issuance of a certificate of substantial completion for the project or the passing of final inspections (building official's discretion.) Refund expires one year from the date the permit was issued unless a written extension request is received and approved by the Warren Building Official. It shall be the policy of the Town of Warren that this $10.00 difference be used solely as a user/technology fee and pay for the cost of the construction permit tracking software currently in use.
(5) Certificate of occupancy fee = $50.00 (new structures and uses only)
(6) Late fee = $250.00 or 50% of (town fee) whichever is greater, any entity or person
performing work without a required permit is assessed this fee.
(7) Re-inspection fee = $30.00; 50.00 will be assessed should a Town of Warren inspector be
required to re-inspect a project twice due to the failure of the project to pass inspection upon
first inspection and reinspection. This fee must be paid prior to the third inspection. There
shall be no charge for the first and second inspection.
(e) Work on town-owned property. Town fees are hereby waived for work that is performed on property that is owned by the Town of Warren. State fees, substantial completion fees and re-inspection fees are the responsibility of the contractor/owner who is performing work on property that is owned by the Town of Warren. The Warren Town Manager shall have the discretion to forward any fee waiver requests under this section to the Warren Town Council for review and approval.
(f) Refunds. The Warren Building Official is hereby authorized to issue a refund of any fee in this section to a permit holder who has not commenced working on a project or property. Refund requests must be in writing, detailing the nature of the request. Refunds will be subject to a twenty-five (25) percent administrative fee based upon the original cost of the permit. Refunds may be considered by the building official for work on a project or property that is incomplete and the registered contractor who is responsible for the work has left the job. All these requests must also be in writing, detailing the nature of the request.
No refunds will be considered one (1) calendar year from the date the permit was issued. The Warren Building Official or the Warren Town Manager shall have the discretion to forward any refund requests under this section to the Warren Town Council for review and approval.
(Code 1967, § 5-9; Ord. of 3-8-83; Ord. of 2-9-88; Ord. of 6-28-89; Ord. of 11-17-92; Ord. of 6-11-96 Amend. of 6-9-2003; Ord. of 5-10-2005; Ord. of 4-13-2010; Ord. of 3-12-2013)
Cross reference— Building permits and fees required for land-disturbing activities, § 17-7.
State Law reference— Building permit fees authorized, G.L. 1956, § 23-27.3-118.0; fee computation, G.L. 1956, § 23-27.3-119.0.
ARTICLE III.
ELECTRICAL CODE
Sec. 4-46. - Schedule of fees.
Electrical Fees:
| ESTIMATED COST VALUE | FEE SCHEDULE |
| $1- $10,000 | $13 per $1,000 |
| $10,001-$50,000 | $130 plus $11.00 per $1,000 exceeding $1,000 |
| $50,001-no limit | $570 plus $9 per $1,000 Exceeding $50,000 |
| MINIMUM FEE = $65 | |
(1) 10% of building permit fee .
(2) New construction ....Add $25.00
(3) Renovations/additions ....Add 10.00
(4) Annual permits for factories, mills, etc., with electricians on payroll ....15.00
(5) Temporary wiring for carnivals, circuses, tents, etc. ....25.00
(6) All other electrical fees by valuation per schedule below.
(b) The schedule of fees as contained in this section shall apply to any type of electrical installation or electrical repair done in the confines of the town.
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The schedule of permit fees shall be assessed against the valuation of the installation, or the repairs. Valuation is affixed by showing the cost of the electrical equipment, materials, and the labor to install.
(1) Annual permit for plants, factories, mills, machine shops, etc., to have electricians on their payrolls ....$ 20.00
(2) Temporary wiring for circuses, carnivals, used car lots, etc. ....10.00
(c) Such permit fees, annual permit fees and temporary wiring permit fees shall be collected by the building official and paid to the town treasurer. The town treasurer shall, upon receipt of any and all fees under this section, pay one-half the amount of such fees to the electrical inspector and the remaining one-half of such fees shall be deposited in the general fund.
(Ord. of 8-13-85(3); Ord. of 11-12-85(1); Ord. of 6-11-96)
Sec. 4-47-4-65 -Reserved
ARTICLE IV. - PLUMBING CODE
Sec. 4-66. - Plumbing inspector.
(a) Appointed. The plumbing inspector shall be appointed annually by the town council.
(b) To enforce article. This article and all ordinances, laws, and regulations relative to plumbing shall be controlled and enforced by the plumbing inspector.
(c) Records to be kept. The plumbing inspector shall keep accurate records of his inspections and permits, which records, and permits shall be public records.
(Code 1967, §§ 26-1—26-3)
State Law reference— Enforcement of plumbing regulations, G.L. 1956, § 5-20-33.1.
Sec. 4-67. - Plumbers to be licensed by state.
No person shall engage in or work at the business of plumbing for profit or hire in the town unless he is duly licensed by the state department of labor and training of health. .
(Code 1967, § 26-4)
State Law reference— Plumbers, G.L. 1956, § 5-20-1 et seq. Sec. 4-68. - Permits.
(a) Required. Except as otherwise provided in this section, no person shall commence any plumbing work in any building without first obtaining a permit to do such work from the plumbing inspector.
(b) Exception. No permit shall be required for the repair of leaks in existing faucets, valves, and other plumbing fixtures.
(c) Plans. The plumbing inspector may require the applicant for a permit as required by this section to file plans, specifications, and other documents relative to the proposed work.
(d) Fees. The initial fee for plumbing installations shall be fifteen dollars ($15.00). The fee for all fixtures shall be five dollars ($5.00) per fixture. An additional state fee of one dollar ($1.00) per one thousand dollars ($1,000.00) of total job cost shall be assessed. See Said fees shall be paid to the town treasurer.
| ESTIMATED COST VALUE | FEE SCHEDULE |
| $1 - $10,000 | $13 per $1,000 |
| $10,001 - $50,000 | $130 plus $11 per $1,000 exceeding $10,000 |
| $50,001 – no limit | $570 plus $9 per $1,000 exceeding $50,000 |
| MINIMUM FEE = $65 | |
(Code 1967, §§ 26-5—26-7; Ord. of 8-10-71; Ord. of 3-8-83; Ord. of 8-13-85(2); Ord. of 11-12-85(3); Ord. of 2-11-86; Ord. of 6-11-96)
State Law reference— Municipal authority to require permits, G.L. 1956, § 5-20-26.
PETITIONS:
*P-1
Request approval of Commercial Waste Permits
Name of Business Address
Pirri DaSilveira & Sons Properties, LLC One Commercial Way
*P-2
Request for a Victualling License
From: Smoky Mmm Eats
691 Main Street (Hope & Main)
Warren, RI 02885
P-3
Request for an MFE (Motor Food Establishment) Permit
From: Macs Screaming Corn & Tacos (Sarah MacMillan)
2 Palmer Street
Barrington, RI 02806
P-4
Request for a One Day Entertainment License
From: Alexandra Kotuby
22 Michael Drive
Bristol, RI 02809
Date: June 5, 2021
Time: 4:00pm-7:00pm
Place: Burr’s Hill Park, Warren, RI 02885
· Discussion and action regarding request for use of Burr's Hill Park from Danceworks, Alexandra Kotuby on June 5, 2021. (end of year dance recital)
**CORRESPONDENCE:
**These items are received and filed with no other action taken.
**C-1
Bristol County Water Authority Monthly Report.
**C-2
Resolution of the Town of Westerly in opposition to Rhode Island 2021 Gun Control Legislation.
**C-3
Resolution of the Town of Westerly Opposing Senate Bill S-0259 and House Bill H-6067, “An Act Relating to Aeronautics”.
**C-4
Resolution of the Town of Burrillville in support to waive the Local Maintenance of Effort (MOE) requirements for Schools.
**C-5
Resolution from the Town of Burrillville in support regarding Legalization of Adult Recreation Marijuana.
**C-6
Resolution of the Town of Glocester in opposition to Rhode Island 2021 Gun Control Legislation.
**C-7
Resolution from Smithfield School Committee in support for a Moratorium on the Expansion of Charter Schools.
**C-8
Resolution from the Smithfield School Committee in support on Gun Free Schools Bill H-5555.
**C-9
Resolution from the Smithfield School Committee in support for the State Reimbursement of Transportation Services Cost for Public and Private School Pupils.
**C-10
Letter from Jane MacDougall regarding parking issues on Haile Street.
OLD BUSINESS:
OB-1
Discussion and action regarding the extension and/or amendment of the Town’s Limited Declaration of State of Emergency.
OB-2
Discussion and action regarding policy for board and commissions:
o Appointment/reappointment procedure
o Member expectations (time commitment, etc.)
o Annual training opportunities
OB-3
Discussion and action regarding contract with Rhode Island Resource Recovery for solid waste, recycling and yard waste disposal.
OB-4
Discussion and action regarding fee schedule/policies for Transfer Station (solid waste, recycling, yard waste).
NEW BUSINESS:
NB-1
Discussion and action on the use of the Town Common as either a park and recreation area, a passive recreation site, or in its own category. (recommend 1st reading).
TOWN MANAGER:
1. Discussion, action, and authorization for the Town Council President to execute an Operation and Maintenance Contract with H2O Innovation Operation & Maintenance LLC associated with the Wastewater Treatment Plant.
SOLICITOR:
1. Executive Session according to RIGL 42-46-5 (a) (2) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining to collective bargaining or litigation. Discussion pertaining to collective bargaining with the United Steel Workers, Local 14845.
FINANCE DIRECTOR:
1. Update on Revenue and Expenditures
RECREATION DIRECTOR:
1. Discussion and action regarding over expenditure of Recreation Director wages line.
Account #01-560-12-1010 in the amount of $3,000.00.
HARBORMASTER:
1. Discussion, action and authorization for the Town Council President to execute a Construction Agreement in the Amount of $35,000 with Addaspace, LLC to construct and install new bathrooms at the Town Wharf. (Master Price Agreement).
TAX ASSESSOR:
1. Abatement to the 2020 tax roll $106.61
2. Abatement to the 2019 tax roll $1598.07
Adjournment:
Individuals requesting interpreter services for the hearing impaired must notify the Town Clerk’s Office at least forty-eight (48) Hours prior to the meeting. 401-245-7340(voice) or “via RI Relay 1-800-745-5555” (TTY).
Posted: May 6, 2021 S.O.S Website, Town Hall, and Warren Police Station.