The Town Council of the Town of Warren, State of Rhode Island in Bristol County met in person, and live-streamed Tuesday the 12th day of March 2024, the meeting was called to order at 7:03 PM.
Present: Council President John W. Hanley, Vice-President Steven P. Calenda, Councilman Joseph A. DePasquale, Councilmember Keri M. Cronin, and Councilman P. Brandt Heckert
Agenda and Attachments: https://clerkshq.com/warren-ri
Led by Town Planner Herbert A. Durfee, III
Written public comment to be read into the record must be received via email or in writing by Town Clerk Sandrea Speroni (ssperoni@townofwarren-ri.gov) no later than 4:00 PM on March 12, 2024.
Councilmember Cronin made the following statement: if you live, visit or are passing through the Town of Warren, please know that we are not your garbage receptacle. Specifically, nips, bags, and straws. Also, the Town is not your ashtray. Please dispose of your cigarette butts responsibly as they are not biodegradable. This Town is not your dog’s toilet. Please pick up your dog’s waste and dispose of it properly. The Town has graciously put up a number of dog waste stations with bags around town. However, this courtesy is being abused. This service is for when you forget a bag or run out while taking your dog out for a walk. Lastly, do better and be better. There are laws on the books that state it is illegal to leave your dog’s waste uncollected and your trash undisposed.
Councilman DePasquale stated that if you pick up your dog’s waste, do not throw it back out.
Town Council President Hanley made a public comment regarding interim Town Manager Chief Roy Borges and thanked him for the outstanding job he had done.
Newly appointed Town Manager Brian Sullivan was given the Oath of Office by his wife,
Family Court Judge Shilpa Naik.
Town of Warren Resolution in opposition to H7701.
Town Council President Hanley spoke briefly regarding resolution H 7701. President Hanley’s opposition is that the bill would limit the local building official’s authority. The State Building Commissioner would have more authority in our community.
Councilmember Cronin stated that the bill number has been changed to H 7983, as well as the sponsors of this legislation. She also stated that this legislation is being heard and discussed tonight at the State House. She stated that President Hanley’s concerns regarding this legislation will most likely be heard.
RESOLUTION: TO THE HONORABLE RI GENERAL ASSEMBLY IN
OPPOSITION TO H 7983
BE IT RESOLVED BY THE TOWN COUNCIL OF WARREN AS FOLLOWS:
WHEREAS: H 7983 was introduced into the General Assembly on March 5, 2024, by Representatives Cruz, Potter, Diaz, Kislak, Kazarian, Giraldo, and Slater; and
WHEREAS: This act would create an Office of the State Building Commissioner; and
WHEREAS: This act confers upon a State Building Commissioner the duty to enforce all laws of this state, including but not limited to “[C]onducting and supervising building code inspections of all residential and commercial buildings regulated by the code within the state” and “[S]tandarized building code interpretation”; and
WHEREAS: This act will expropriate local oversight of building code matters from towns and cities; and
WHEREAS: Each city and town is unique and has its own intricacies; and
WHEREAS: Assigning control over local building decisions will lead to a loss of the unique character of each city and town in Rhode Island.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WARREN, RHODE ISLAND AS FOLLOWS:
SECTION 1: That the Town Council of the Town of Warren officially expresses its opposition to H 7983 and respectfully requests that the Honorable General Assembly not enact H 7983;
SECTION 2: THAT THIS RESOLUTION SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE BY THE WARREN TOWN COUNCIL.
_________________________________
JOHN HANLEY,
TOWN COUNCIL PRESIDENT
TOWN OF WARREN
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve a Town of Warren Resolution in opposition to amend H 7701 bill to H 7983. Vote 3-2 Councilmember Cronin nay and Councilman Heckert nay
Board of Canvassers
Democratic Party
1. Joanne Kersh-24 Ellis Avenue, Warren, RI 02885
1. Nancy Martel-23 Reservoir Ave, Warren, RI 02885
2. Edward Martel-23 Reservoir Ave, Warren, RI 02885
3. Christopher Stanley-402 Market Street, Warren, RI 02885
4. Nancy Smalzel-7 Emery Road, Warren, RI 02885
5. Teresa Yates-10 Emery Road, Warren, RI 02885
Motion by Councilmember Cronin, seconded by Councilman Heckert to reappoint Joanne Kersh 24 Ellis Avenue, Warren, RI 02885 to a full position on the Board of Canvassers. The motion passed unanimously.
Conservation Commission – 1 position available (7 members)
1.
Juvenile Hearing Board-2 positions available (5 members + alternates)
1. Mark Rhynard, 598 Child Street, Warren, RI 02885
Continued to April 9, 2024 Town Council Meeting.
Planning Board-2 alternate positions available (7 members + 2 alternates)
1.
RI 250th Commission-7 positions available (13 members)
1. Debra Jobin, 7 Columbus Ave., Barrington, RI 02806
2. Kristin Nancy Read, 40 Cherry Street, Warren, RI 02885
3. Michael Gerhardt, 39 Bagy Wrinkle Cove, Warren, RI 02885
Motion by Councilman DePasquale, seconded by Vice-President Calenda to appoint Debra Jobin, 7 Columbus Ave., Barrington, RI 02806, Kristin Nancy Read, 40 Cherry Street, Warren, RI 02885, and Michael Gerhardt, 39 Bagy Wrinkle Cove, Warren, RI 02885 to the RI 250th Commission. The motion passed unanimously.
Voluntary Historic District Committee-1 position available & 1 alternate position
(5 members + 2 alternates)
1. Joan Brenner Coltrain, 1 Stonegate Road, Warren, RI 02885
Motion by Councilman DePasquale, seconded by Vice-President Calenda to appoint Joan Brenner Coltrain, 1 Stonegate Road, Warren, RI 02885 as an alternate to the Planning Board for the 3-year term. The motion passed unanimously.
Acceptance of December 12, 2023 Executive Session Minutes
Motion by Vice-President Calenda, seconded by Councilman Heckert to continue December 12, 2023 Executive Session Minutes until next month. The motion passed unanimously.
Acceptance of February 15, 2024 Regular Scheduled Meeting Minutes (7:00PM)
Motion by Councilmember Cronin, seconded by Councilman Heckert to accept and approve February 15, 2024 Regular Scheduled Meeting Minutes. The motion passed unanimously.
Acceptance of January 30, 2024 Special Scheduled Executive Session Minutes
Acceptance of March 4, 2024 Special Scheduled Meeting Minutes (5:30PM)
Motion by Vice-President Calenda, seconded by Councilmember Cronin to accept and approve March 4, 2024 Special Scheduled Meeting Minutes. The motion passed unanimously.
Acceptance of March 4, 2024 Special Scheduled Executive Session Minutes
Motion by Vice-President Calenda, seconded by Councilman DePasquale to continue March 4, 2024 Special Scheduled Executive Session Minutes until next month. The motion passed unanimously.
*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.
*P-1, *P-2
Motion by Councilman Heckert, seconded by Vice-President Calenda to approve consent agenda items *P-1 and *P-2. The motion passed unanimously.
Chapter 16-Public Safety, Article I. Police Department, Section 16-14. Qualifications of special police officers/special constables. (2nd reading)
The following qualifications shall be necessary to secure an appointment as a special police officer/special constable in the town:
(1) The applicant shall be at least one of the following: (a) a resident of the state and a qualified elector of the town; (b) a current full-time employee of the police department in good standing or (c) (a retired Warren police officer) a retired or previous full-time Police Officer of the Warren Police Department who separated from the Department in good standing. All appointments shall be at the discretion of the Chief of Police.
(2) The applicant shall present to the police chief a certificate from a physician licensed by the state that he or she is physically qualified to perform the duties of a special police officer/special constable.
(3) The applicant shall have taken and completed an accredited first aid, CPR, and other training courses as specified by the chief of police at the time of appointment.
(Ord. of 10-11-2011)
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve 2nd reading Chapter 16-Public Safety, Article I. Police Department, Section 16-14. Qualifications of special police officers/special constables. The motion passed unanimously.
Request for a Class BV Beverage Liquor License (P-3)
From: Canto 10, Inc. (Michael E. Sears)
d/b/a The Serpent and It’s Tail
504 Main Street
Warren, RI 02885
Motion by Councilman DePasquale, seconded by Vice-President Calenda to close the public hearing. The motion passed unanimously.
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve Class BV Beverage License to Canto 10, Inc. d/b/a The Serpent and It’s Tail at 504 Main Street, Warren, RI 02885 contingent upon an inspection by the Fire Chief and any other State and Local inspections that need to be completed. The motion passed unanimously.
Request for a Victualling License
From: Alicia Brown
d/b/a Zenacious Rootz
691 Main Street (Hope & Main)
Warren, RI 02885
*P-2
Request for a Victualling License
From: Pinch of Salt, LLC (Kristin Costa)
691 Main Street (Hope & Main)
Warren, RI 02885
Request for a Victualling License (with PH-1)
From: Canto 10, Inc. (Michael E. Sears)
d/b/a The Serpent and It’s Tail
504 Main Street
Warren, RI 02885
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve Victualling License to Canto 10, Inc. d/b/a The Serpent and It’s Tail at 504 Main Street, Warren, RI 02885. The motion passed unanimously.
P-4 Request for a Mobile Food Establishment (MFE) Permit
From: Yapa, LLC
d/b/a Yagi Food Truck (Alp Gumuscu and Tarci Lee Galarza)
39 Rhode Island Avenue Unit 3
Newport, RI 02840
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve Mobile Food Establishment (MFE) from Yapa, LLC d/b/a Yagi Food Truck 39 Rhode Island Avenue Unit 3, Newport, RI 02840. The motion passed unanimously.
Request for a Mobile Food Establishment (MFE) Permit
From: Antojitos Mexicanos (Mexican Snacks) by Cigar World East
(Rosadina Acosta Davidson)
12 Long Lane
Warren, RI 02885
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve Mobile Food Establishment (MFE) from Antojitos Mexicanos (Mexican Snacks) by Cigar World East 12 long Lane, Warren, RI 02885 contingent upon all local and state inspections, and the issuance of the State MFE. The motion passed unanimously.
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve Mobile Food Establishment (MFE) from Antojitos Mexicanos (Mexican Snacks) by Cigar World East 12 Long Lane, Warren, RI 02885 relief and approval of the required 250 ft variance, food is to only be served to the patrons of the establishment after 2:00 PM, and the MFE license is restricted to the address of 644 Metacom Avenue, Warren, RI 02885. The motion passed unanimously.
Request for a Yearly Outside Entertainment License
From: Spindrift Hospitality Group, LLC (Sam Glynn)
d/b/a Chomp Kitchen & Drinks
279 Water Street
Warren, RI 02885
Councilmember Cronin stated that she has concerns about the request for outdoor entertainment due to the proximity of other businesses and homes.
Russell Goyette, 966 Drift Road, Westport, MA 02790, owner of Trafford’s, Inc. d/b/a Trafford’s Restaurant submitted a letter to the town council opposing a yearly outside entertainment license for Spindrift Hospitality Group, LLC d/b/a Chomp Kitchen & Drinks. He stated that granting this license will severely impact his establishment in a negative way. He also stated that the valet services that were offered between Trafford’s Restaurant and Chomp Kitchen & Drinks were not a success due to the owner of Chomp’s Restaurant, Sam Glynn, not agreeing to the services.
E. Jenny Flanagan, 46 Washington Street, Warren, RI 02885 stated that her home is five houses away from Chomp Kitchen & Drinks, she loves the music when she hears it. However, she can hear it quite clearly inside of her home.
Russell Goyette, spoke again regarding his concerns with the possible probationary issuance of the Yearly Outside Entertainment license and with the parking issues.
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve yearly outside entertainment license for Spindrift Hospitality Group, LLC d/b/a Chomp Kitchen & Drinks contingent on a probationary basis, the license will expire June 11, 2024. The motion passed unanimously.
Request for a One-Day Entertainment License
From: St. Mary of the Bay (Susan Hoffma Rabideau)
645 Main Street
Warren, RI 02885
Date: March 16, 2024
Time: 5:00pm-8:00pm
Place: St. Mary of the Bay, 645 Main Street, Warren, RI 02885
Event: St. Patrick’s Dinner
Entertainment: Live Celtic Music (1 hour), and then DJ
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve a One-Day Entertainment License to St. Mary of the Bay for March 16, 2024. The motion passed unanimously.
Request for a Class F1 Beverage License
From: St. Mary of the Bay (Susan Hoffma Rabideau)
645 Main Street
Warren, RI 02885
Date: March 16, 2024
Time: 5:15pm -8:00pm
Place: St. Mary of the Bay, 645 Main Street, Warren, RI 02885
Event: St. Patrick’s Dinner
Motion by Councilman DePasquale, seconded by Councilman Heckert to approve Class F1 Beverage License to St. Mary of the Bay for March 16, 2024. The motion passed unanimously.
**These items are received and filed with no other action taken.
Bristol County Water Authority Monthly Report.
Resolution #2024-2 from the Town of Richmond in Opposition of Option A Chariho Regional School District New School Initiatives & Stage II Application.
Resolution of the Town of Middletown Increasing the Allowance for Reimbursement for New Library Construction.
Resolution for the Middletown Town Council in Support of fully funding state aid to
libraries to the full Twenty-five (25) percent.
Resolution of the Town of Hopkinton in Opposition to H 7062 Related To “Accessory Dwelling Units”.
Resolution from the Burrillville Town Council Supporting House Bill 2024- H 7462 Relating to Amendments to the Energy Facility Siting Act.
Resolution from the Town of Narragansett Opposing House Bill 7324 and Requesting Rhode Island General Assembly Sustain Local Authority to Regulate Lane Use.
Resolution from the Town of Narragansett in Opposition of House Bill 7382 that Redefines “Household” in the State Enabling Legislation.
Resolution from the Town of Charlestown in Support of Amendments to RIGL 45-24-38 General Provisions-Substandard Lots of Record.
Letter from Greg Miller, Business Development Analyst of Rhode Island Infrastructure Bank regarding Town of Warren’s Application to the Energy Asset Management Program.
Letter from Karen Firehock, Executive Director of Green Infrastructure Center, Inc. regarding Letter of Commitment-Urban Forests for Rhode Island Technical Assistance Program.
Letter from Rhode Island DOT “Notice-to-proceed” regarding pavement improvements on Market Street from Schoolhouse Road to MA Border.
President John Hanley read the letter from Rhode Island DOT to the public for the record.
Letter of support from the Town of Warren regarding Rhode Island Infrastructure Bank’s Municipal Resilience program Action Grants $10MM Green Bond for financing Resilient Infrastructure Improvements.
Letter from Rhode Island Interlocal Risk Management Trust, The Trust’s Safety Enhancement Grant Program has been selected for Policy Year 2023-2024. The Town of Warren has been awarded a Grant of $972.00 to purchase fire extinguishers and barricades to be used at Warren Town Beach and Burr’s Hill Park.
OB-1
Update regarding various problems on Nobert Street.
Building and Zoning Official, Matt Cabral spoke briefly regarding the parking issues on Nobert Street. He has reached out to Rhode Island DOT regarding possible parking solutions and stated that they would be discussed at the next Town Council meeting.
Councilman DePasquale stated for the record that, if one of the solutions was to allow parking on Main Street, he would not be in favor of it due to safety.
The Building and Zoning Official Cabral also stated that a stop work order was issued to the developers of the Nobert Street Condominiums regarding the bump out that exceeded the property line.
He stated that the drainage issue is still being looked into and an update will be provided at a future Town Council meeting. He stated that he had met with the Town Planner, Herb Durfee, Department of Public Works Director, Brian Wheeler, and the developer regarding the southside drainage into the Oak Street properties. The developer had a plan to put in some dry wells. The water was coming down from the old parking lot of the church. Since the placement of the dry wells, the building department has heard no complaints from residents on that side of the development.
John Souza, 29 Nobert Street, Warren, RI 02885 stated that he has no issues with the street. However, he has a problem with the developer. The issue primarily is that when it rains, he is outside pumping out water from his backyard several times throughout the day. He stated it is from development and not the ditch.
Presentation of the Draft Warren Comprehensive Plan and scheduling request for a joint meeting with the Planning Board.
Town Planner, Herb Durfee spoke briefly about the Draft Warren Comprehensive Plan (WCP). The purpose of the draft was to schedule a joint meeting with the Planning Board. He also acknowledged the efforts of the Planning Board members and consultant Alison Ring on their work.
Lastly, he explained the process, which is a commonality of perspective. The Planning Board will hold a public hearing, make changes if necessary, and then it will be formally forwarded to the Town Council, which will hold a separate public hearing. Once the public hearing is held and the changes have been made, the Town Council will adopt the WCP and formally send it to the state for approval.
The Town Council and Town Planner Durfee have agreed to a joint meeting on Monday, April 8, 2024, at 6:30 PM.
Discussion and action regarding Municipal Road and Bridge Program State Funds, local public agency agreement by and between the State of Rhode Island and the Town of Warren.
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve the Municipal Road and Bridge Program State Funds, local public agency agreement by and between the State of Rhode Island and the Town of Warren. The motion passed unanimously.
1. Discussion, action, and authorization for the Town Council approval for the Town Manager and Town Solicitor to sign the Construction & Maintenance Agreement/Municipality by and between the State of Rhode Island and the Town of Warren for Construction and Installation of Bridge No. 1256 over the Kickemuit River, and Improvements to the Warren Bike Path.
Motion by Councilman DePasquale, seconded by Vice-President Calenda to continue to the April 9, 2024 Town Council meeting. The motion passed unanimously.
1. Discussion and action regarding statutory notice of claim filed by Attorney Joseph
S. Larisa, Jr. re: Warren Gateway v. Warren.
Motion by Councilman DePasquale, seconded by Vice-President Calenda to deny the claim and refer to the Trust. The motion passed unanimously.
2. Request a motion for Executive Session (closed session) Pursuant to RIGL § 42-46-5
Sub Section (a) (2) (proposed IBPO contract).
Motion by Vice-President Calenda, seconded by Councilman DePasquale to approve the IBPO contract. The motion passed unanimously.
3. Action on matters discussed in Executive Session.
No motion was made for Executive Session.
1. Discussion and action regarding amendment to the Corporate Resolution to add signatories to the Town’s Trust Account (Fidelity).
Motion by Vice-President Calenda, seconded by Councilman DePasquale to add Town Manager Brian F. Sullivan as a signatory to the Town’s Trust Account (Fidelity). The motion passed unanimously.
1. Discussion, action, and authorization for Town Council President to sign the
contract amendment No. 2-updated design and permitting services with Fuss &
O’Neill for Jamiel’s Park Restoration Project-Phase 3 - Partial Authorization
Only.
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve contract amendment No.2-updated design and permitting services with Fuss & O’Neill for Jamiel’s Park Restoration Project-Phase 3-Partial Authorization on the condition that the funds are secured from sources other than the Town of Warren. The motion passed unanimously.
1. Discussion and action regarding Memorandum of Understanding (MOU) for “Energy Efficiency & Conservation Block Grant Program” Department of energy Funded Program Town of Warren.
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve the Memorandum of Understanding (MOU) for “Energy Efficiency & Conservation Block Grant Program” Department of energy Funded Program Town of Warren on the condition that the funds are secured from sources other than the Town of Warren. The motion passed unanimously.
1. Request for Burr’s Hill Facilities Rental from Sowams Hertiage Day (David Weed)
on Sunday, August 4, 2024 from 11:00 AM-5:00 PM.
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve Burr’s Hill Facilities Rental from Sowams Heritage Day on Sunday, August 4, 2024, from 11:00 AM-5:00 PM. The motion passed unanimously.
2. Request for the use of Warren Town Beach from Bristol County Lions Club
(Lisa Runci)-Blindfolded Rowing Regatta (Fundraising Event) on Saturday,
September 7, 2024 from 9:00 AM-1:00 PM.
Motion by Councilman DePasquale, seconded by Vice-President Calenda to approve use of the Warren Town Beach from Bristol County Lions Club-Blindfolded Regatta on Saturday, September 7, 2024, from 9:00 AM-1:00 PM. The motion passed unanimously.
Motion by Councilman DePasquale, seconded by Vice-President Calenda to adjourn. The motion passed unanimously.
Attest:
Jessica A. Capaldi
Deputy Town Clerk