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TOWN COUNCIL MEETING
February 23, 2004
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood,
James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Councilman William J. Hall, absent.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by President Wood.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by James J. Spearman seconded by Frank Hyde that Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Request from Tax Collector to be Released from Collecting Certain Taxes
*******
Application by The Apeiron Foundation for an Exhibition and Performances License on June 5, 2004 Location: 451 Hammet Road
Motion made by Gregory Laboissonniere seconded by James J. Spearman that license be granted.
Discussion held and Zoning Officer’s recommendation was read.
Motion made by James J. Spearman seconded by Frank Hyde to amend motion to include granting of license with stipulation to follow Zoning Officer’s recommendation. Vote taken on amended motion. All voted Aye. So voted.
Applications for Two Filling Station License Renewals
Motion made by James J. Spearman seconded by Gregory Laboissonniere to grant filling station license renewals for Drake Petroleum Company, Inc., d/b/a Coventry Xtra Mart, 851 Tiogue Avenue and MHW, Inc., d/b/a Coventry Shell, 866 Tiogue Avenue. All vote Aye. So voted.
Resolution No. 14-04-2316 Appointing One Member to Coventry Land Trust
Motion made by James J. Spearman seconded by Frank Hyde to appoint Lila Ritchotte. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 14-04-2316
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF COVENTRY,
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,
APPOINTING ONE (1) MEMBER TO THE COVENTRY LAND TRUST.RESOLVED:
That the Town Council hereby appoints one (1) member to the Coventry Land Trust to fill the unexpired term of Joseph Shuttert. Term expiration is November 22,
2005:Lila E. Ritchotte, 65 Coventry Drive
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Resolution No. 15-04-2317 Authorizing Consent Judgment Regarding Litigation Entitled Commerce Park Realty LLC, et als v. Town of Coventry Civil Action No. KC 03-0444
Motion made by James J. Spearman seconded by Frank Hyde that resolution be adopted. Discussion held.
Vote taken on passage of resolution. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 15-04-2317
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF COVENTRY,
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
BE IT RESOLVED, That the Town Solicitor and the Town Manager are hereby authorized to enter into a consent judgment on behalf of the Town of Coventry to resolve litigation entitled Commerce Park Realty LLC, et als v. Town of Coventry Civil Action No. KC 03-0444.
They are authorized to execute any and all documents toward that end and file them with the Clerk of the Superior Court.
PASSED AND ADOPTED this 23rd of February 2004.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Motion made by James J. Spearman seconded by Frank Hyde that meeting be adjourned. All voted Aye. So voted.
Adjourned at 8:17 p.m.
/s/ Roberta H. Johnson, CMC
TOWN COUNCIL MEETING
February 9, 2004
PRESENT: Gregory Labossonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by James J. Spearman seconded by Gregory Laboissonniere that Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Tax Abatements for Month of January, 2004 Totaling $22,384.04 and Additions Totaling $7,887.25 (See Pages 76 A&B)
*******
Applications for Filling Station License Renewals.
1. DB Marketing Company, Inc., d/b/a DB Mart, 764 Tiogue Avenue
2. Murphy’s Mobil, Inc., 2291 Flat River Road
3. Tony’s Coventry Market, Inc., 710 Tiogue Avenue
4. Cumberland Farms, Inc., Store #1219/3844, 1600 Nooseneck Hill Road
5. Cumberland Farms, Inc., Store #1214/3838, 785 Tiogue Avenue
6. 1100 Main Street Coventry, LLC, d/b/a Coventry Mart, 1100 Main Street (Rt. 117)
7. Cumberland Farms, Inc., Store #1250/3841, 436 Knotty Oak Road (Rt. 116)
8. Mapleroot Garage, Inc., 2070 Nooseneck Hill Road
9. Tiogue Avenue Getty, 585 Tiogue Avenue
10. Wel-Mar Shell, 642 Washington Street
11. Trailside Marina, Inc., 19 Indian Trail
12. BJ’s Wholesale Club, Inc., d/b/a BJ’s Gas, 790 Center of New England Boulevard
Motion made by William J. Hall seconded by James J. Spearman that twelve above listed filling station license renewals be granted. All voted Aye. So voted.
Resolution No. 11-03-2313 Regarding Tiogue Lake Lease
Motion made by William J. Hall seconded by James J. Spearman that resolution be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 11-03-2313
BE IT RESOLVED by the Town Council of the Town of Coventry that the Town Manager is hereby authorized to execute the attached Agreement between the Quidnick Reservoir Company as Transferor and the Town of Coventry asTransferee.
PASSED AND ADOPTED this 9th of February 2004.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 12-04-2314 Appointing Two Town Council Members to the Coventry Sewer Sub-Committee
Motion made by Ronald S. Wood seconded by James J. Spearman to appoint William J. Hall and Frank Hyde. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 12-04-2314
RESOLUTION OF THE TOWN OF COVENTRY, STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, APPOINTING
TWO MEMBERS TO THE COVENTRY SEWER SUB-COMMITTEE
WHEREAS, Resolution No. 4-04-2306 established a Coventry Sewer Sub-Committee consisting of seven (7) members with staggered terms of office.
NOW, THEREFORE, BE IT RESOLVED:
That the Town Council President of the Town of Coventry hereby appoints:
William J. Hall and Frank Hyde
Town Council Members to serve until no longer in office or until their successor is appointed.
PASSED AND ADOPTED this 9th of February 2004.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 13-04-2315 Appointing One Member from the Economic Development Commission to the Coventry Sewer Sub-Committee
Motion made by Frank Hyde seconded by William J. Hall to appoint Scott Nelson. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 13-04-2315
NOW, THEREFORE, BE IT RESOLVED:
That the Town Council of the Town of Coventry hereby appoints: Scott Nelson, 27 West View Drive the Economic Development Commission for a two (2) year term of office with January 1, 2006 expiration.
PASSED AND ADOPTED this 9th of February 2004.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Petition to Amend Zoning Ordinance and Zoning Map by Rezoning Assessor’s Plat 7, Lots 25 and 26; Assessor’s Plat 8, Lots 2, 3, 9 and 10; Assessor’s Plat 16, Lots 133, 134 and 138 from R-20, (Residential) to BP (Planned Business Park)
Motion made by James J. Spearman seconded by William J. Hall to refer to Planning Commission for review and recommendation. All voted Aye. So voted.
Motion made by James J. Spearman seconded by William J. Hall that meeting be adjourned. All voted Aye. So voted.
Meeting adjourned at 8:30 p.m.
/s/ Roberta H. Johnson, CMC
Town Clerk
TOWN COUNCIL MEETING
January 12, 2004
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by James J. Spearman seconded by Gregory Laboissonniere that minutes from November 24 and December 8 and 15, 2003 be accepted and approved as presented. All voted Aye. So voted.
Motion made by William J. Hall seconded by Frank Hyde to remove item #1 from the Consent Agenda and to approve items #2, 3 & 4 on the Consent Agenda as presented. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman to table
item # 1 on the Consent Agenda. All voted Aye. So voted.
CONSENT AGENDA
1. Resolution Regarding Establishing Town Property Line (TABLED)
2. Resolution Awarding Property Revaluation Project
3. Tax Abatements for Month of December 2003 Totaling $17,716.20
and Additions Totaling $1,128.32 (See Page 64A)
4. Resolution Regarding Sewer Tie-in for property owned by Walter Yehle on Assessor’s Plat 64, Lot 194, Six Eisenhower Street
Resolution No. 2-04-2304 Awarding Property Revaluation Project.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 2-04-2304
RESOLVED:
That the Town Council hereby affirms the awarding of a contract by the Town Manager pursuant to Section 2-148 of the Town Code to conduct the 2004 Statistical Update Reappraisal and Revaluation for the Town of Coventry.
APPRAISAL RESOURCE COMPANY, INC. $205,500.00
845 Main Street
East Greenwich, RI 02816
This statistical update which occurs every three years, will be funded by the State of Rhode Island, Department of Administration.
PASSED AND ADOPTED this 12 th day of January 2004.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
Resolution No. 3-04-2305 Regarding Sewer Tie-in for Property Owned by Walter Yehle on Assessor’s Plat 64, Lot 194, Six Eisenhower Street.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 3-04-2305
That Walter Yehle, owner of property located at 6 Eisenhower Street, Coventry, RI, Assessor’s Plat 64, Lot 194 be allowed to proceed with negotiations with the Town of West Warwick to connect to the West Warwick Sewer System. Such tie-in shall be in accordance with the sewer tie-in agreement between the Town of West Warwick and the Town of Coventry signed November 28, 1983 and the town’s Sewer Ordinance adopted January 13, 1997. If such tie-in is approved notify the Town of Coventry for the purpose of record keeping.
PASSED AND ADOPTED this 12 th day of January 2004.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
Applications for Firearm License Renewals
1. David A. Tacey, d/b/a Totem Gunshop, 39 Indian Trail
2. Joseph J. Vadovsky, d/b/a New England Gunsmiths, 1368 Plainfield Pike, Greene
3. Charles S. Hawkins, d/b/a Hawkins Machine Co., Inc., 374 Hopkins Hill Road
4. Alfred Chatelle, d/b/a ARC Excavation, 563 Hammet Road (no application filed)
5. Wal-Mart Stores East, LP, 1173 Tiogue Avenue
6. Michael A. Zanni d/b/a Ocean State Firearms, Inc., 15 Sandy Bottom Road
7. Thomas Goodison, Tom’s Gun Repair, 6356 Flat River Road
Motion made by William J. Hall seconded by James J. Spearman to remove
License #4 and that the remaining six license renewals be granted. All voted Aye. So voted.
President Wood recused himself from #4 even though it wasn’t filed as of yet because the applicant is a friend. (Recusal placed on file).
Motion made by James J. Spearman seconded by Frank Hyde that license #4 be tabled as no application was filed. Vote taken: Council members Laboissonniere, Hyde, Hall and Spearman all voted Aye. So voted.
Applications for Campground License Renewals
1. Camp Ayoho, 249 McManus Road
2. Colwell Campground, 119 Peckham Lane
3. Hickory Ridge, 584 Victory Highway
Motion made by James J. Spearman seconded by William J. Hall that three above listed campground license renewals be granted.
Mr. Frobel brought zoning department’s concerns to Council’s attention. Zoning department’s recommendation is on file. Brent Narkawicz, Town Planner was present and reaffirmed zoning department’s concerns.
Discussion held.
Motion made by James J. Spearman seconded by William J. Hall to add following stipulation to original motion: Town Planner will speak to campground owners about what is allowed and not allowed per our zoning ordinance and he’ll distribute copy of zoning ordinance to each campground owner. Vote taken on amended motion. All voted Aye. So voted.
*******
Resolution No. 4-04-2306 Creating Sewer Sub-Committee
Motion made by William J. Hall seconded by Frank Hyde that resolution be adopted.
President Wood thanked Councilman Hall for his efforts regarding context of resolution. Vote taken on adoption of resolution. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 4-04-2306
BE IT RESOLVED: That the Coventry Town Council shall serve as the Coventry Sewer Commission and;
BE IT FURTHER RESOLVED: that the Coventry Town Council hereby create the Coventry Sewer Sub-Committee, consisting of seven (7) members. The membership shall consist of two (2) members of the Coventry Town Council appointed by the Town Council President, one (1) member of the Coventry Economic Development Commission appointed by the Town Council, one (1) member of the Coventry Conservation Commission appointed by the Town Council, and three (3) qualified electors of the Town of Coventry to be appointed by the Town Council and;
BE IT FURTHER RESOLVED: that the Town Council members appointed shall serve on the Sewer Subcommittee until no longer in office or until their success or is appointed by the Town Council President the Coventry Economic Development member and the Coventry Conservation Commission member appointed shall serve two year terms, with terms ending in the January of every even numbered year, the remaining members shall serve three year staggered terms in the following manner; the Town Council shall appoint one member whose term shall expire on January 1, 2005, and three year terms thereafter until his/her successor is appointed and qualified, one member whose terms shall expire on January 1, 2006, and three year terms thereafter until his/her successor is appointed and qualified, and one member whose terms shall expire on January 1, 2007, and thereafter until his/her successor is appointed and qualified. In the event of a vacancy occurring in the office of a member for any reason, such vacancy shall be filled in like manner as the original appointment, but only for the remainder of the term of the former member. No member of the Coventry Sewer Sub-Committee shall be entitled to receive any compensation by reason of his or her service on the Commission.
BE IT FURTHER RESOLVED: that the Coventry Sewer Subcommittee shall be charged with the attached list of responsibilities, duties and assignments, with the assistance of any and all Town staff needed.
PASSED AND ADOPTED this 12 th day of January 2004.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
Responsibilities, duties and assignments for the Coventry Sewer subcommittee
Elect Chairman and Vice Chairman.
Draft a set of policies for the operation of the Sewer Sub-Committee, for Town Council adoption.
Review current application process for individual sewer tie-ins and make recommendations to the Town Council on changes deemed necessary. Review tie-in requests and provide recommendations to Town Council on each individual sewer tie-in.
Evaluate current sewer assessment structure and recommend changes to Town Council
Draft requirements and a process for sewer contractor licensure and recommend it to the Town Council for adoption.
Recommend to the Town Council, the appointment of three (3) Sewer Subcommittee members to act as the Coventry Sewer Board of Review to hear sewer user appeals and recommend issue resolutions to the Town Council.
Advise the Town Manager and Town Council as to the availability of funds for expansion of sewer system and the means of securing such funding.
Advise as to such other matters concerning the sewer system as the Town Council may request.
Resolution No. 5-04-2307 Awarding Sewer Capacity at Centre of New England.
Motion made by William J. Hall seconded by James J. Spearman that resolution be adopted.
Discussion held.
President Wood thanked Councilman Hall and the rest of the Town Council for their extensive efforts regarding this issue.
President wood explained that many of the Centre of New England lenders have been told that there is absolutely no capacity for Centre of New England in the plan. All along there has been a total of 185,000 gallons per day capacity for the Centre of New England in the Coventry Wastewater Facilities Plan; no more, no less at this time. Any time there is a need for greater capacity than the 185,000 gallons per day the Coventry Wastewater Facilities Plan needs to be amended with DEM approval.
Mr. Frobel clarified for the council members that 185,000 gallons per day was what was allotted in the facilities plan; and also it was the expected use of a business park of this size. Mr. Frobel supports resolution because it makes good sense.
Solicitor Sullivan agreed it’s what contained in facilities plan right now and concurred with Mr. Frobel.
Councilman Spearman questioned if this was for residential too, or just business or any use.
Councilman Hall’s understanding is that the facilities plan calculates 185,000 gallons per day factoring in whatever residential developments were on board at the time. I believe this was in the neighborhood of 400 units. He further stated original requested capacity was for 1.6 million gallons and currently daily usage is in the neighborhood of 21,000 gallons per day with the Hampton Inn for only part of the year.
Councilman Spearman also questioned if doing this on an individual basis. Mr. Frobel responded yes we still do on an individual basis, every application comes before Council for approval this is for planning purposes only.
President Wood stated after tonight will also go before the Sewer Sub-Committee and still needs to go before the Planning Commission.
Further discussion held.
Vote taken on adoption of resolution. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 5-04-2307
BE IT RESOLVED: that the Coventry Town Council assigns, to the development ofCentre of New England, a total of 185,000 gallons per day (GPD) treatment facilitycapacity as estimated in the Coventry Wastewater Facilities Plan, which said FacilitiesPlan may change from time to time, with the needs of the Town of Coventry and itsWastewater Facilities Plan may be amended; and;
BE IT FURTHER RESOLVED: that said capacity shall be used only for projectsdeveloped within the Coventry portion of Centre of New England and, that as a conditionof this capacity assignment, the developer(s) is restricted from selling, assigning, orotherwise transferring any said treatment facility capacity and;
BE IT FURTHER RESOLVED: that this assignment of treatment facility capacity doesnot preclude the developer or intended sewer user form having to submit to the sewer tie-in application and approval process, nor does this agreement guarantee sewer tie-in application approval and;
BE IT FURTHER RESOLVED: that after a period of 20 years from the date of passage, the Town reserves the right to either extend this resolution for an additional time period or have any remaining unused treatment facility capacity returned to the Town by Town Council resolution.
BE IT FURTHER RESOLVED: that, upon passage, copies of this resolution shall immediately be transmitted to the developer(s) of Centre of New England, the Coventry Town Engineer, and the Coventry Director of Planning.
PASSED AND ADOPTED this 12 th day of January 2004.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
Resolution No. 6-04-2308 Appointing One Member to the Pawtuxet River Authority (Tabled December 15, 2003)
Motion made by William J. Hall seconded by James J. Spearman to remove resolution from the table. All voted Aye. So voted.
Motion made by James J. Spearman seconded by William J. Hall to appoint
Robin A. Zukowski to fill John Dubis’s unexpired term. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 6-04-2308
RESOLUTION OF THE TOWN OF COVENTRY, STATE OF RHOD
ISLAND AND PROVIDENCE PLANTATIONS, APPOINTING ONE (1
MEMBER TO THE PAWTUXET RIVER AUTHORITY
WHEREAS the Town Council appoints one member to the Pawtuxet
River Authority.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. THAT Robin A. Zukowski, 4 Carolyn Street is hereby appointed to replace John M. Dubis for an unexpired term of office expiring June 1, 2004.
PASSED AND ADOPTED this 12 th day of January 2004.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
Resolution No. 1-04-2303 Regarding Submittal of CDBG Grant Application for Short Term Financing.
Motion made by William J. Hall seconded by Frank Hyde that resolution be adopted.
Mr. Frobel gave a brief overview of the resolution and advised about $485,000 short to close this deal. The final safety net is the CDBG Program. Tenants are responsible to pay back money within 12 months; if not the town is ultimately responsible.
Further discussion regarding the bridge loan repayment and sale of two parcels of land bordering Route 3.
Solicitor Sullivan had no objections with loan as long as the town is secure, first position.
Vote taken on motion to adopt resolution. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 1-04-2303
BE IT RESOLVED by the Town Council of the Town of Coventry that the Town Manager is hereby authorized to submit on behalf of the Mobile Home Parks Tenants Association of Mapleroot and Ramblewood, an application for a short term (twelve month), bridge loan in the amount of $485,000 under the State of Rhode Island Community Development Block Grant Program. Said bridge loan is necessary to provide financial assistance to the respective tenant associations in the effort to acquire ownership of the two (2) mobile home parks.
The loan shall be secured by the Town of Coventry. It is the promise of the tenant’s association that the loan will be repaid from the proceeds of the sale of land to a separate business entity for commercial purposes once the property has been purchased.
PASSED AND ADOPTED this 12 th day of January 2004.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
Petition to Amend Zoning Ordinance and Zoning Map by Rezoning Assessor’s Plat 318, Lot 4, from partly Rural Residential (RR-3) and partly Village Rural Commercial (VRC) to all Village Rural Commercial (VRC).
Motion made by William J. Hall seconded by James J. Spearman to refer to Planning Commission for review and recommendation. All voted Aye. So voted.
*******
Motion made by James J. Spearman seconded by William J. Hall to go into executive session at 9:02 p.m. for the following purpose: Relating to litigation and/or collective bargaining. This action is taken pursuant to R.I.G.L. 42-46-5. (a)(2). Individual voice vote was unanimous.
Motion made by William J. Hall seconded by Frank Hyde to come out of executive session at 11:06 p.m. Roll call vote, motion carries unanimously.
Motion made by William J. Hall seconded by Frank Hyde to seal minutes of executive session of Monday, January 12, 2004. Voice vote, motion carries unanimously.
Motion made by James J. Spearman seconded by William J. Hall that meeting be adjourned. All voted Aye. So voted.
Adjourned at 11:06 p.m.
/s/ Roberta H. Johnson, CMC
Town Clerk
TOWN COUNCIL MEETING
January 12, 2004
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by James J. Spearman seconded by Gregory Laboissonniere that minutes from November 24 and December 8 and 15, 2003 be accepted and approved as presented. All voted Aye. So voted.
Motion made by William J. Hall seconded by Frank Hyde to remove item #1 from the Consent Agenda and to approve items #2, 3 & 4 on the Consent Agenda as presented. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman to table
item # 1 on the Consent Agenda. All voted Aye. So voted.
CONSENT AGENDA
1. Resolution Regarding Establishing Town Property Line (TABLED)
2. Resolution Awarding Property Revaluation Project
3. Tax Abatements for Month of December 2003 Totaling $17,716.20
and Additions Totaling $1,128.32 (See Page 64A)
4. Resolution Regarding Sewer Tie-in for property owned by Walter Yehle on Assessor’s Plat 64, Lot 194, Six Eisenhower Street
Resolution No. 2-04-2304 Awarding Property Revaluation Project.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 2-04-2304
RESOLVED:
That the Town Council hereby affirms the awarding of a contract by the Town Manager pursuant to Section 2-148 of the Town Code to conduct the 2004 Statistical Update Reappraisal and Revaluation for the Town of Coventry.
APPRAISAL RESOURCE COMPANY, INC. $205,500.00
845 Main Street
East Greenwich, RI 02816
This statistical update which occurs every three years, will be funded by the State of Rhode Island, Department of Administration.
PASSED AND ADOPTED this 12 th day of January 2004.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
Resolution No. 3-04-2305 Regarding Sewer Tie-in for Property Owned by Walter Yehle on Assessor’s Plat 64, Lot 194, Six Eisenhower Street.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 3-04-2305
That Walter Yehle, owner of property located at 6 Eisenhower Street, Coventry, RI, Assessor’s Plat 64, Lot 194 be allowed to proceed with negotiations with the Town of West Warwick to connect to the West Warwick Sewer System. Such tie-in shall be in accordance with the sewer tie-in agreement between the Town of West Warwick and the Town of Coventry signed November 28, 1983 and the town’s Sewer Ordinance adopted January 13, 1997. If such tie-in is approved notify the Town of Coventry for the purpose of record keeping.
PASSED AND ADOPTED this 12 th day of January 2004.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
Applications for Firearm License Renewals
1. David A. Tacey, d/b/a Totem Gunshop, 39 Indian Trail
2. Joseph J. Vadovsky, d/b/a New England Gunsmiths, 1368 Plainfield Pike, Greene
3. Charles S. Hawkins, d/b/a Hawkins Machine Co., Inc., 374 Hopkins Hill Road
4. Alfred Chatelle, d/b/a ARC Excavation, 563 Hammet Road (no application filed)
5. Wal-Mart Stores East, LP, 1173 Tiogue Avenue
6. Michael A. Zanni d/b/a Ocean State Firearms, Inc., 15 Sandy Bottom Road
7. Thomas Goodison, Tom’s Gun Repair, 6356 Flat River Road
Motion made by William J. Hall seconded by James J. Spearman to remove
License #4 and that the remaining six license renewals be granted. All voted Aye. So voted.
President Wood recused himself from #4 even though it wasn’t filed as of yet because the applicant is a friend. (Recusal placed on file).
Motion made by James J. Spearman seconded by Frank Hyde that license #4 be tabled as no application was filed. Vote taken: Council members Laboissonniere, Hyde, Hall and Spearman all voted Aye. So voted.
Applications for Campground License Renewals
1. Camp Ayoho, 249 McManus Road
2. Colwell Campground, 119 Peckham Lane
3. Hickory Ridge, 584 Victory Highway
Motion made by James J. Spearman seconded by William J. Hall that three above listed campground license renewals be granted.
Mr. Frobel brought zoning department’s concerns to Council’s attention. Zoning department’s recommendation is on file. Brent Narkawicz, Town Planner was present and reaffirmed zoning department’s concerns.
Discussion held.
Motion made by James J. Spearman seconded by William J. Hall to add following stipulation to original motion: Town Planner will speak to campground owners about what is allowed and not allowed per our zoning ordinance and he’ll distribute copy of zoning ordinance to each campground owner. Vote taken on amended motion. All voted Aye. So voted.
*******
Resolution No. 4-04-2306 Creating Sewer Sub-Committee
Motion made by William J. Hall seconded by Frank Hyde that resolution be adopted.
President Wood thanked Councilman Hall for his efforts regarding context of resolution. Vote taken on adoption of resolution. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 4-04-2306
BE IT RESOLVED: That the Coventry Town Council shall serve as the Coventry Sewer
Commission and;
BE IT FURTHER RESOLVED: that the Coventry Town Council hereby create the
Coventry Sewer Sub-Committee, consisting of seven (7) members. The membership
shall consist of two (2) members of the Coventry Town Council appointed by the Town
Council President, one (1) member of the Coventry Economic Development
Commission appointed by the Town Council, one (1) member of the Coventry
Conservation Commission appointed by the Town Council, and three (3) qualified
electors of the Town of Coventry to be appointed by the Town Council and;
BE IT FURTHER RESOLVED: that the Town Council members appointed shall serve on the Sewer Subcommittee until no longer in office or until their success or is appointed
by the Town Council President the Coventry Economic Development member and the
Coventry Conservation Commission member appointed shall serve two year terms, with
terms ending in the January of every even numbered year, the remaining members
shall serve three year staggered terms in the following manner; the Town Council shall
appoint one member whose term shall expire on January 1, 2005, and three year terms
thereafter until his/her successor is appointed and qualified, one member whose terms
shall expire on January 1, 2006, and three year terms thereafter until his/her successor
is appointed and qualified, and one member whose terms shall expire on January 1, 2007, and thereafter until his/her successor is appointed and qualified. In the event of a vacancy occurring in the office of a member for any reason, such vacancy shall be filled
in like manner as the original appointment, but only for the remainder of the term of the
former member. No member of the Coventry Sewer Sub-Committee shall be entitled to
receive any compensation by reason of his or her service on the Commission.
BE IT FURTHER RESOLVED: that the Coventry Sewer Subcommittee shall be
charged with the attached list of responsibilities, duties and assignments, with the
assistance of any and all Town staff needed.
PASSED AND ADOPTED this 12 th day of January 2004.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
Responsibilities, duties and assignments for the Coventry Sewer subcommittee
Elect Chairman and Vice Chairman.
Draft a set of policies for the operation of the Sewer Sub-Committee, for Town Council adoption.
Review current application process for individual sewer tie-ins and makerecommendations to the Town Council on changes deemed necessary.Review tie-in requests and provide recommendations to Town Council on eachindividual sewer tie-in.
Evaluate current sewer assessment structure and recommend changes to Town Council
Draft requirements and a process for sewer contractor licensure and recommend it to the Town Council for adoption.
Recommend to the Town Council, the appointment of three (3) Sewer Subcommittee members to act as the Coventry Sewer Board of Review to hear sewer user appeals and recommend issue resolutions to the Town Council.
Advise the Town Manager and Town Council as to the availability of funds for expansion of sewer system and the means of securing such funding.
Advise as to such other matters concerning the sewer system as the Town Council may request.
Resolution No. 5-04-2307 Awarding Sewer Capacity at Centre of New England.
Motion made by William J. Hall seconded by James J. Spearman that resolution be adopted.
Discussion held.
President Wood thanked Councilman Hall and the rest of the Town Council for their extensive efforts regarding this issue.
President wood explained that many of the Centre of New England lenders have been told that there is absolutely no capacity for Centre of New England in the plan. All along there has been a total of 185,000 gallons per day capacity for the Centre of New England in the Coventry Wastewater Facilities Plan; no more, no less at this time. Any time there is a need for greater capacity than the 185,000 gallons per day the Coventry Wastewater Facilities Plan needs to be amended with DEM approval.
Mr. Frobel clarified for the council members that 185,000 gallons per day was what was allotted in the facilities plan; and also it was the expected use of a business park of this size. Mr. Frobel supports resolution because it makes good sense.
Solicitor Sullivan agreed it’s what contained in facilities plan right now and concurred with Mr. Frobel.
Councilman Spearman questioned if this was for residential too, or just business or any use.
Councilman Hall’s understanding is that the facilities plan calculates 185,000 gallons per day factoring in whatever residential developments were on board at the time. I believe this was in the neighborhood of 400 units. He further stated original requested capacity was for 1.6 million gallons and currently daily usage is in the neighborhood of 21,000 gallons per day with the Hampton Inn for only part of the year.
Councilman Spearman also questioned if doing this on an individual basis. Mr. Frobel responded yes we still do on an individual basis, every application comes before Council for approval this is for planning purposes only.
President Wood stated after tonight will also go before the Sewer Sub-Committee and still needs to go before the Planning Commission.
Further discussion held.
Vote taken on adoption of resolution. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 5-04-2307
BE IT RESOLVED: that the Coventry Town Council assigns, to the development of Centre of New England, a total of 185,000 gallons per day (GPD) treatment facility capacity as estimated in the Coventry Wastewater Facilities Plan, which said Facilities Plan may change from time to time, with the needs of the Town of Coventry and its Wastewater Facilities Plan may be amended; and;
BE IT FURTHER RESOLVED: that said capacity shall be used only for projects developed within the Coventry portion of Centre of New England and, that as a condition of this capacity assignment, the developer(s) is restricted from selling, assigning, or otherwise transferring any said treatment facility capacity and;
BE IT FURTHER RESOLVED: that this assignment of treatment facility capacity does not preclude the developer or intended sewer user form having to submit to the sewer tie-in application and approval process, nor does this agreement guarantee sewer tie-in application approval and;
BE IT FURTHER RESOLVED: that after a period of 20 years from the date of passage, the Town reserves the right to either extend this resolution for an additional time period or have any remaining unused treatment facility capacity returned to the Town by Town Council resolution.
BE IT FURTHER RESOLVED: that, upon passage, copies of this resolution shall
immediately be transmitted to the developer(s) of Centre of New England, the Coventry
Town Engineer, and the Coventry Director of Planning.
PASSED AND ADOPTED this 12 th day of January 2004.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
Resolution No. 6-04-2308 Appointing One Member to the Pawtuxet River Authority (Tabled December 15, 2003)
Motion made by William J. Hall seconded by James J. Spearman to remove resolution from the table. All voted Aye. So voted.
Motion made by James J. Spearman seconded by William J. Hall to appoint
Robin A. Zukowski to fill John Dubis’s unexpired term. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 6-04-2308
RESOLUTION OF THE TOWN OF COVENTRY, STATE OF RHODE
ISLAND AND PROVIDENCE PLANTATIONS, APPOINTING ONE (1)
MEMBER TO THE PAWTUXET RIVER AUTHORITY
WHEREAS the Town Council appoints one member to the Pawtuxet
River Authority.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. THAT Robin A. Zukowski, 4 Carolyn Street is
hereby appointed to replace John M. Dubis for an unexpired term of office expiring June 1, 2004.
PASSED AND ADOPTED this 12 th day of January 2004.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
Resolution No. 1-04-2303 Regarding Submittal of CDBG Grant Application for Short Term Financing.
Motion made by William J. Hall seconded by Frank Hyde that resolution be adopted.
Mr. Frobel gave a brief overview of the resolution and advised about $485,000 short to close this deal. The final safety net is the CDBG Program. Tenants are responsible to pay back money within 12 months; if not the town is ultimately responsible.
Further discussion regarding the bridge loan repayment and sale of two parcels of land bordering Route 3.
Solicitor Sullivan had no objections with loan as long as the town is secure, first position.
Vote taken on motion to adopt resolution. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 1-04-2303
BE IT RESOLVED by the Town Council of the Town of Coventry that the Town Manager is hereby authorized to submit on behalf of the Mobile Home Parks Tenants Association of Mapleroot and Ramblewood, an application for a short term (twelve month), bridge loan in the amount of $485,000 under the State of Rhode Island Community Development Block Grant Program. Said bridge loan is necessary to provide financial assistance to the respective tenant associations in the effort to acquire ownership of the two (2) mobile home parks.
The loan shall be secured by the Town of Coventry. It is the promise of the tenant’s association that the loan will be repaid from the proceeds of the sale of land to a separate business entity for commercial purposes once the property has been purchased.
PASSED AND ADOPTED this 12 th day of January 2004.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
Petition to Amend Zoning Ordinance and Zoning Map by Rezoning Assessor’s Plat 318, Lot 4, from partly Rural Residential (RR-3) and partly Village Rural Commercial (VRC) to all Village Rural Commercial (VRC).
Motion made by William J. Hall seconded by James J. Spearman to refer to Planning Commission for review and recommendation. All voted Aye. So voted.
*******
Motion made by James J. Spearman seconded by William J. Hall to go into executive session at 9:02 p.m. for the following purpose: Relating to litigation and/or collective bargaining. This action is taken pursuant to R.I.G.L. 42-46-5. (a)(2). Individual voice vote was unanimous.
Motion made by William J. Hall seconded by Frank Hyde to come out of executive session at 11:06 p.m. Roll call vote, motion carries unanimously.
Motion made by William J. Hall seconded by Frank Hyde to seal minutes of executive session of Monday, January 12, 2004. Voice vote, motion carries unanimously.
Motion made by James J. Spearman seconded by William J. Hall that meeting be adjourned. All voted Aye. So voted.
Adjourned at 11:06 p.m.
/s/ Roberta H. Johnson, CMC
Town Clerk
TOWN
COUNCIL MEETING
December 15, 2003
Present:
Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J.
Hall, James J. Spearman
Town Manager – Francis A.
Frobel
Town Solicitor – Patrick
Sullivan, Esq.
Pledge of Allegiance led by
Town Sergeant, John Sullivan.
Invocation led by
Councilman Hall.
The
Town Council extended wishes for a Happy Holiday season.
Emergency
Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
The
Town Council presented Certificates of Recognition to Lowy Peter Cagle for his
years of volunteer service to the community and to Nicholas Tomasso, a student
at Hopkins Hill School, for his efforts in raising money for the needy.
LICENSE
Application for Victualing License Renewal for Hampton Inn, Coventry,
850 Centre of New England Boulevard
Motion made by William Hall seconded by James Spearman to renew victualing license. All voted Aye. So voted.
***
Resolution #102-03-2301 Appointing Two Members to the Pawtuxet River
Authority
Motion made by James Spearman seconded by William Hall that James
McCaughey be appointed for a three-year term of office, expiring June 1, 2006.
All voted Aye. So voted.
Motion made by William Hall seconded by James Spearman to table second
appointment to Pawtuxet River Authority. All
voted Aye. So voted.
RESOLUTION
OF
THE
TOWN
COUNCIL
No.
_102-03-2301
RESOLUTION OF THE TOWN OF
COVENTRY, STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, APPOINTING TWO (2)
MEMBERS TO THE PAWTUXET RIVER AUTHORITY
WHEREAS
the Town Council appoints two members to the Pawtuxet River Authority
NOW, THEREFORE,
BE IT RESOLVED:
Section
1. That __
___----------------------------_____ is hereby appointed to replace John M.
Dubis for an unexpired term of office expiring June 1, 2004;
and_
James McCaughey, 10 Clark Mill Road________ for a three year term expiring
June 1, 2006.
PASSED
AND ADOPTED this __15th_ day of _December___, 2003.
APPROVED __/s/ Ronald W. Wood__
President
ATTEST: /s/ Cheryl A.
George_
Deputy Town Clerk
Resolution #103-03-2302 Appointing Two Members to the Board of
Assessment Review Board (Tabled May 19, 2003)
Motion made by William Hall seconded by James Spearman to remove resolution from table. All voted Aye. So voted.
Motion made by James Spearman seconded by William Hall that Joseph Spada be appointed to represent District #5 for a six-year term of office, expiring November 2008. All voted Aye. So voted.
Motion made by William Hall seconded by Gregory Laboissonniere to table the second appointment to the Board of Assessment review. All voted Aye. So voted.
RESOLUTION
OF THE
TOWN COUNCIL
NO. __
103-03-2302_______
RESOLUTION OF THE TOWN OF COVENTRY, STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, APPOINTING TWO (2) MEMBERS TO THE BOARD OF ASSESSMENT REVIEW IN ACCORDANCE WITH ARTICLE X, SECTION 10.40 OF THE COVENTRY HOME RULE CHARTER.
WHEREAS the Coventry
Home Rule Charter requires that there be a Board of Assessment Review consisting
of five members for a term of six years,
WHEREAS there now
exists vacancies in District #2 and District #5.
BE IT RESOLVED, that
__Joseph Spada_140 Hopkins Hill Road___
and _______--------------------------______ are hereby appointed to the
Board of Assessment Review to fill six-year terms of office representing
Districts #2 and #5, ending November 2008.
PASSED
AND ADOPTED this 15th
day of December , 2003.
APPROVED __/s/_Ronald
S. Wood_______________
ATTEST:/s/ Cheryl A.
George__
Deputy Town Clerk
Motion made by William Hall seconded by James Spearman to go into
Executive Session at 8:15 p.m. Roll
call vote, motion carries unanimously.
Present in the Executive Session were all Council Members, the Town
Manager and Town Solicitor Patrick Sullivan.
The purpose of the Executive Session was to discuss acquisition of
property.
Motion made to come out of Executive Session was made by Mr. Hall and
seconded by Mr. Spearman. Roll call
vote, motion carries unanimously. The
Executive Session ended at 9:04 p.m.
A motion was made by Mr. Spearman and seconded by Mr. Laboissonniere to
seal the Executive Session Minutes of December 15, 2003. Voice vote, motion carries unanimously.
A motion by Mr. Spearman and seconded by Mr. Hall to adjourn the regular,
rescheduled Town Council Meeting of December 15, 2003.
Voice vote, motion carries unanimously.
The meeting adjourned at 9:05 p.m.
/s/ Cheryl A. George
Cheryl
A. George
TOWN COUNCIL MEETING
December 8, 2003
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by James J. Spearman seconded by William J. Hall that Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Resolution Awarding Purchase of Police Radios
2. Resolution Rescheduling December 22, 2003 Council Meeting
3. Resolution Regarding Budgetary Transfers
4. Tax Abatements Month of November $17,394.28 and Additions $30,061.00 (See page 58A)
Resolution No. 99-03-2298 Awarding Purchase of Police Radios
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 99-03-2298
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the purchase of portable radios for the Police Department as outlined in the bid proposal.
Vendor
CYBER COMMUNICATIONS,
INC.
$30,082.50
33 Plan Way
Warwick, RI 02886
Funding is provided for by the Homeland Security Grant Funds.
PASSED AND ADOPTED this 8th of December 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 100-03-2299 Rescheduling December 22, 2003 Council Meeting
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 100-03-2299
RESOLVED:
That the Town Council Meeting scheduled for Monday, December 22, 2003 rescheduled to Monday, December 15, 2003.
PASSED AND ADOPTED this 8th of December 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 101-03-2300 Regarding Budgetary Transfers
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 101-03-2300
BE IT RESOLVED by the Town Council of the Town of Coventry, that the Town
Manager is hereby authorized to make the following budgetary transfers in 2003-2004:
FROM:
Town General $241,231
TO:
Town Manager $ 6,356
Human Relations 2,503
Town Clerk 5,746
Board of Canvassers 2,074
Solicitor 1,686
Probate Court 145
Municipal Court 953
Treasurer 6,190
Tax Assessor 4,361
Tax Collector 4,947
Police 105,246
Animal Control 3,552
Town Sergeant 60
Crossing Guards 1,912
Engineering 5,325
Building Official 3,909
Roads and Bridges 26,739
Snow Removal 1,615
Building Maintenance 2,085
Refuse Collection 12,753
Vehicular Maintenance 8,244
Recreation 10,836
Human Services 12,301
Library 7,270
Planning Department 4,375
Planning Commission 48
TOTAL $241,231
PASSED AND ADOPTED this 8th of December 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Application for Sunday Sales License by James T. Zuleger, Location: 507 Tiogue Avenue
Mr. Zuleger was present and stated he resided at 1580 Main Street, Coventry and that he filed written permission from property owner Joseph Medeiros. He informed Council members that he was applying for Sunday sales license for December only to sell Christmas trees and wreaths--nothing else.
Discussion held regarding zoning concerns, prior enforcement problems, and if Council had previously granted license for that location.
Motion made by William J. Hall seconded by James J. Spearman to grant license with stipulation if there are any violations or problems at this site will be closed down immediately and any future permits at that location will be determined by how you leave the property. All voted Aye. So voted.
Application for Sunday Sales License by James T. Zuleger, Location: 1532 Main Street
Mr. Zuleger withdrew application.
Application for One Day Additional Hour License on New Years Eve by JAAS Restaurant Corp. d/b/a Cafe Romanzo, 495 Washington Street
Motion made by Frank Hyde seconded by Gregory Laboissonniere that license be granted to stay open additional hour from 1:00 a.m. to 2:00 a.m.; but doesn’t permit applicant to serve alcohol during that additional hour. All voted Aye. So voted.
*******
Councilman Spearman for the record thanked Public Works Department, Town Manager’s Staff and snow headquarters for excellent job cleaning roadways this past weekend.
Motion made by James J. Spearman seconded unanimously to send letter to Public Works Department commending them for a job well done.
Discussion held with Kenneth Hobson regarding his agenda.
Motion made by James J. Spearman seconded by Frank Hyde that meeting be adjourned. All voted Aye. So voted.
Meeting adjourned at 9:42 p.m.
/s/ Roberta H. Johnson, CMC
Roberta H. Johnson, CMC
Town Clerk
TOWN COUNCIL MEETING
November 24, 2003
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by James J. Spearman seconded by William J. Hall that minutes of October 27 and November 10, 2003 be accepted and approved as presented. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman that Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Resolution Awarding Contract for Library HVAC System
Resolution No. 97-03-2296 Awarding Contract for Library HVAC System
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 97-03-2296
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for Heating,
Ventilation and Air Conditioning Replacement:
LINCOLN ENERGY CORPORATION
195 James P. Murphy Highway
West Warwick, RI 02893
HVAC Replacement (Library) $55,950.00
Funding is provided in the 2003/2004 Capital Improvement Budget.
PASSED AND ADOPTED this 24th of November 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Application by Robert E. Geick for Sunday Sales License, 611 Tiogue Avenue
Mr. Geick was present. Discussion was held regarding Zoning Officer, Demian Sorrentino’s recommendation. Mr. Geick was advised that he could sell only Christmas trees, wreaths and baskets for the month of December only. Plants and flowers would be handled separately at a future date. Mr. Geick informed Council members that the fence around property would be staying up and that he had off street parking.
Motion made by William J. Hall seconded by James J. Spearman that Sunday Sales License for the month of December only be granted conditional upon following zoning officer’s recommendation. All voted Aye. So voted.
P U B L I C H E A R I N G S
1. Application for New Second Hand License by Christine M Ludka, d/b/a Sew- Phisticated, 303 Main Street, Suite 2
Applicant, Christine M. Ludka was present and stated she resided at 14 Tripoli Street, West Warwick. She will be adding this new business to her current seamstress business at the same location. She has already contacted zoning officer regarding parking.
Motion made by William J. Hall seconded by Frank Hyde to open public hearing. All voted Aye. So voted.
No one for or against granting new license.
Motion made by James J. Spearman seconded by William J. Hall to close public hearing. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman to grant new seconded hand license. All voted Aye. So voted.
2. Application for Transfer of Class B Ltd. Liquor License with Victualing by the Country Way, 2260 Flat River Road to Europa Food, Inc., d/b/a Country Euro, 2260 Flat River Road
Applicant, George Melanis was present and stated he resided at Three Wolf Court, Coventry. Mr. Melanis--currently own and operate Europa on Sandy Bottom. I’m expanding.
President Wood advised Mr. Melanis that he needed to submit a signage plan per the zoning officer and that he also needed to file a menu. He also informed Mr. Melanis that the previous owner had condition that no beer or wine could be served after 9:00 p.m. at this location. Mr. Melanis stated he would be closing at 9:00 p.m. and that was not a problem.
Motion made by James J. Spearman seconded by Gregory Laboissonniere to open public hearing. All voted Aye. So voted.
No one spoke for or against transfer of liquor license.
Motion made by James J. Spearman seconded by Frank Hyde that public hearing be closed. All voted Aye. So voted.
Motion made by Gregory Laboissonniere seconded by James J. Spearman to grant liquor license transfer subject to submission of signage plan and beer and wine not served after 9:00 p.m. All voted Aye. So voted.
3. Ordinance Amending Code of Ordinances Chapter 16, Taxation by Adding Article 1 - Taxpayers, Delinquent
Motion made by James J. Spearman seconded by William J. Hall to table public hearing until after work session. All voted Aye. So voted.
4. Ordinance No. 05-03-0239 Amending Coventry Zoning Ordinance and Zoning Map Re: Assessor’s Plat 43, Lot 35 and Plat 35, Lot 32.001 (Zoned RMH) Rezoned to PUD (Planned Unit Development) for an Additional 96 Apartments and Retain All Rights Under RMH (Residential Mobile Home District)
John Brunero, Esq., 1070 Main Street, Coventry, Rhode Island represented Westwood Estates. Also present were John Assalone, Jr., President of Westwood Estates; William E. Sheridan, Esq., Land Use Planner; William Eccleston, Real Estate Appraiser; and from Commonwealth Engineers & Consultants, Inc. Karen Beck a Site Engineer and Anthony Winiarski, P.E. a Traffic Engineer.
Attorney Brunero -- This is a land development project which has a favorable, unanimous recommendation from the Planning Commission (recommendation placed on file.) Upon Council approval of zone change project goes back to Planning Commission for master plan review, preliminary plan review and final review.
Attorney Brunero stated what we’re looking to do is create 96 new residential rental units on the site that encompasses approximately 225 acres and is known as Westwood Mobile Home Park located off Reservoir Road. Units will be comprised of four buildings, each building has 24 units containing one and two bedroom apartments.
There will be no three bedroom apartments. There will be no subsidized housing. Units will be rented out at fair market value. Units will be located within the gated community of Westwood Park. In addition to the residential units there will be commercial that goes hand in hand with development; including a small grocery store and possibly a hair salon fitting in the general office area where we currently have community center and mail room.
He further stated we have availability of both public utilities for sewer and water. Project will be tying into Kent County Water and will use the existing sewer line that flows into the West Warwick Sewer Plant. The formula the Town uses to determine school children does not apply to us because of the type of facility we have. Using figure of 8% of total population we would only add 20 children to the school system based on 96 new units. There are no amenities for children.
We comply with land development requirements regarding open space--40% open space. Fair share development fees payed will be $750,000.00. There is a need for this type of housing in Coventry because there is no outside maintenance and no home ownership responsibility. These units are not condominiums they are not going to be sold, rentals only. A similar development in West Warwick on East Greenwich Avenue with 168 units, one and two bedroom apartments is fully rented.
The town services would include occasional rescue and police. Buildings constructed in accordance with fire codes and all drainage will be onsite with zero percent increase.
Mr. Brunero further stated that this project complies with the ordinance and is compatible with the comprehensive plan. This is the beginning of long process--only a concept. Planning Commission requires a detailed process. Granting this approval will not adversely impact the inhabitants of Coventry nor injure the surrounding area.
John R. Assalone, Four Marion Drive, Coventry was sworn-in by the Clerk. If we’re successful with this evening we will take over Coventry’s first airport, first trailer park and turn it into Coventry’s first gated community. No hidden agenda. Our record has been a good one. This will continue to keep rents stabilized within the community. This is a ten year project and we won’t over build. Westwood Estates along with us pays Coventry $600,000.00 a year. Our clubhouse facilities are open to the general public upon request and our open spaces are open to the general public.
Mr. Assalone reviewed drawings/renderings detailing what the project will look like.
President Wood questioned if this project was a replacement for the rezoning of Tiogue Avenue. Mr. Assalone responded that the Tiogue Avenue property is being marketed and that he’s not contemplating any apartments there whatsoever; but if sold could not guarantee. Attorney Brunero will be withdrawing the application for Forest Acres if this goes forward.
President Wood also questioned if the building style of this project was the same as Tiogue Avenue and what if any town services. Mr. Assalone responded that this is more of a garden style apartment; this is more spread out, more pleasing. There is no town maintenance with regards to streets, garbage and recycling pickup. Mr. Assalone stated for the record we are looking for police services and fire and rescue services only when needed. We’ll maintain are own highway system, are own snow removal, and rubbish removal. Attorney Brunero stated that all Planning Decisions with deed restrictions are recorded in the Land Evidence Records
Councilman Hyde questioned how many floors each unit consisted of and he wanted clarification regarding retail area location. Mr. Assalone responded 2 ½ - 3 floors and retail area located in clubhouse area.
Councilman Hall was concerned with gated portion of community and if entrance would remain the same width. Mr. Assalone responded entrance width will remain the same. Currently working on three different gate proposals. Looking for gate to be closed in the evening in the beginning and eventually security person and possibly a gatehouse. Mr. Hall recommended that planning of the gate be discussed ahead of time with Fire Chief Hoxie and Police Chief O’Rourke.
Mr. Assalone advised Council members that letters of support from three abutting property owners; Robert Crowe, Charles D. Anthony and Thomas R. Rocchio were placed on file.
William E. Sheridan, Esq., Ten Alfa Court, North Providence was sworn-in by the Clerk. Mr. Sheridan stated he was a Professional Consultant Community Planner and he was the Assistant Chief of Statewide Planning for the State of Rhode Island for over 32 years. Mr. Sheridan’s credentials as a planner were accepted and placed on file.
Mr. Sheridan stated he was familiar with the Westwood Estates Project and that he had viewed the site. In his opinion if the Town Council approved this proposed zone change it would be in compliance with the town’s comprehensive plan and it would not be injurious to the health, safety and welfare of the surrounding property owners or the Town of Coventry in terms of proper planning.
Anthony J. Winiarski, 280 Tower Hill Road, Cumberland was sworn-in by the Clerk. He stated he was a professional engineer licensed in Rhode Island, Massachusetts, Maine and Connecticut with 35 years experience. He is currently employed by Commonwealth Engineers & Consultants, Inc., 400 Smith Street, Providence. Mr. Winiarski’s resume and a partial list of projects he worked on were accepted and placed on file.
Mr. Winiarski stated his company upon request from Mr. Assalone compiled a Traffic Impact Assessment Report for Westwood Estates including the traffic generated from the 96 proposed units (Traffic Impact Assessment Report placed on file.) He informed Council members that after a thorough review of the site and available data in his opinion the level of service doesn’t change drastically, almost not at all.
Discussion held regarding traffic signal light timing change/upgrade, traffic accident reports, traffic flow and current condition of Reservoir Road.
Mr. Frobel questioned possibility of offsite improvements with regards to Airport and Reservoir Roads. Mr. Assalone responded this project will generate $725,000.00 plus into community and help with sidewalks.
President Wood stated for the record the Town of Coventry doesn’t have a street light budget you need to call your fire district.
Attorney Brunero stated majority of your impact fees go to the School Department questioned possibly diverting some of the impact fees, because number of children minimal, for roadway improvements.
William Eccleston, Real Estate Appraiser was present and in the interest of time Attorney Brunero stated Mr. Eccleston was going to report that project is compatible and won’t hurt anyone’s values.
There was no attorney present representing an opposition group.
Motion made by William J. Hall seconded by Frank Hyde to open public hearing. All voted Aye. So voted.
The following citizens spoke in favor:
1. Wayne Asselin, 30 Lorraine Avenue--I reviewed plans and I met with Mr. Assalone and we walked the entire park. My personal opinion is I like the zone change. It compliments and improves what’s there already.
2. Peter Suorsa, 560 Town Farm Road--Town seems to be bombarded with the low to moderate income housing. The Town has not achieved it’s quota for low to moderate income housing and has now hired a consultant to help with this. We need to show the State we’re trying to meet our quota. This is a good location for this project. I Question if town can work with this developer and all developers in the future regarding low to moderate housing.
President Wood said that the Council agreed with Mr. Suorsa. Hired a consultant to see how we can work with developers; possibly with a bonus. Some place where they can build thirty homes and add two-three homes as a density bonus if they build them as affordable. Council wanted to review study further before adopting it and forwarding it to the State. We prefer to call it affordable housing. Council is working to
make it affordable for our children and to keep people in their homes.
Further discussion held.
The following citizens had questions/concerns:
1. Dick Shearer, Nine Sandra Circle in West Wood Estates--Not low income; but affordable. A beautiful park, well run and safe/secure for inhabitants.
Mr. Shearer questioned if Mr. Assalone had addressed the asphalt plant with it’s 6:00 a.m. noise. Mr. Assalone responded that he had met with the owners of the asphalt plant from Massachusetts regarding noise and we’ll also be researching a softer sound for dumpsters in the recycling center.
Mr. Shearer also wanted to know exact location of buildings and who was responsible for Airport Road. Mr. Assalone informed him that that has been a great debate. We have paved Airport Road ourselves. Now we need more control from police regarding trucking.
2. Dorothy Gervasio, 62 Reservoir Road--Two dumpsters there now. She questioned how many more dumpsters will be needed. Mr. Assalone informed her that no larger building is necessary to house dumpsters and we’re going to move forward to find way to soften the sounds coming from the dumpsters.
3. John Gillotti, 15 Airport Road--I’ve lived here permanently since early 1950's. Traffic is unbelievable at times. I think project is a good project; but he questioned if some of the traffic could be directed to go straight out onto Tiogue Avenue. Mr. Assalone responded no that it’s too wet back there in some areas. President Wood also stated that access road by the dam is too costly at this time.
Motion made by James J. Spearman seconded by William J. Hall to close public hearing. All voted Aye. So voted.
No one spoke in opposition to project.
President Wood commended Mr. Assalone for working with the Town regarding Tiogue Avenue zone change previously filed and looking for better location for residential.
Councilman Hall--This project is everything we look for in a Planned Unit Development. Has city water, access to sewer, access to major town infrastructure such as Tiogue Avenue. Also thanked Mr. Assalone.
Councilman Spearman--This is an excellent project and also commended Mr. Assalone.
Councilman Laboissonniere--Thanked Mr. Assalone for being a good neighbor to folks in the area.
Councilman Hyde--Looks like this is a good project, the right place for it and a great presentation.
Motion made by James J. Spearman seconded by Gregory Laboissonniere that amendment to Zoning Ordinance and Zoning Map be approved. All voted Aye. So voted.
John Assalone withdrew his zone change proposal for 790 Tiogue Avenue referred to as Forest Acres. Attorney Brunero stated withdrawal on the record as of now. Attorney Brunero will submit a written withdrawal for the file.
*******
TOWN OF COVENTRY
Ordinance No. 05-03-0239
The Town Council of the Town of Coventry hereby ordains as follows:
Section 1
That in accordance with Articles 5 and 18 of the Town of Coventry Zoning Ordinance and the "Coventry Zoning Map" referred to and incorporated therein are hereby amended to read as follows:
The property designated and described as Assessor’s Plat 43, Lot 35, and Plat 35, Lot 32.001, (zoned RMH) be hereby rezoned to PUD (Planned Unit Development) for and additional 96 apartments and retain all rights under RMH (Residential Mobile Home District).
Section 2
Any ordinance or parts of any ordinance which are in conflict with this amendment are hereby repealed.
Section 3
This Ordinance will take effect upon its adoption.
Duly Adopted on November 24, 2003.
*******
Resolution No. 98-03-2297 Regarding Application to Rhode Island Economic Development Corporation for Critical Economic Concern Project Classification
Motion made by James J. Spearman seconded by Gregory Laboissonniere that resolution be placed on floor for discussion.
Discussion held.
President Wood--for the record I hope Mr. Cambio has developers for business park lined up from here to the state of Florida. The one thing we need to do is to promote the business park. I think we need to send a message to the Economic Development Committee that this should be a priority area for bringing businesses in. So far the product has been a very good one and I support the letter to the Governor and the EDC to try to get this project moving to alleviate the dessert and drainage problems we have out there today.
President Wood requested striking any reference to residential in the letter to the Governor and Economic Development Commission, strictly as a business park that’s what they’re going to be looking at. Also he stated one lot is designated as land leased to the Town of Coventry don’t want that piece shown at this time.
Councilman Hall also recommended changes made by President Wood and in addition recommended if resolution passed a copy be sent to the Coventry’s Legislative Delegation.
Councilman Spearman, Laboissoniere and Hyde all agreed with passage of resolution with recommended changes and sending copy to our legislators.
Motion made by William J. Hall seconded by James J. Spearman that resolution be adopted with noted changes and stipulations.
Mr. Frobel stated there are two lots that can’t be identified on the Assessor’s Maps; Assessor’s Plat 15, Lot 97.3 and Assessor’s Plat 5 Lot 21.1 and we believe Assessor’s Plat 21, Lot 102 is the softball field.
Vote taken on amended resolution with stipulations. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 98-03-2297
The Town Council of the Town of Coventry, Rhode Island hereby resolves that the following act be forwarded to the Governor of immediate consideration:
WHEREAS, the Town Council of the Town of Coventry has found and declares that there exists a need to promote and encourage business, commerce and industry in the Town of Coventry and to stimulate jobs and relieve underemployment and unemployment in the Town; and
WHEREAS, Commerce Park Realty, LLC; Commerce Park Properties, LLC; Commerce Park Associates 4, LLC; Commerce Park Associates 8, LLC; Commerce Park Associates 10, LLC; Commerce Park Commons, LLC; Commerce Park Associates 15; and, Catapult Realty, LLC (hereinafter collectively know as "Developer") owns some Four Hundred and Fifty or so acres of land located at or near Exit 7 off Interstate Route 95; more descriptively known as:
Assessors Plat 5 Lot 8, 11, 12.1, 14, 20, 21 & 23
Assessors Plat 6 Lots 1, 2, 3 & 4
Assessors Plat 7 Lots 1 & 2
Assessors Plat 13 Lots 14, 22 & 26
Assessors Plat 14 Lots 1, 65 & 95
Assessors Plat 15 Lots 97.1 & 97.2
WHEREAS, Developer desires to develop the above property as a Land Development Project that will create hundreds of local jobs in a Business Park District; and,
WHEREAS, the benefits of the proposed commercial, industrial and manufacturing uses inure to the benefit of the residents of the Town of Coventry and to the residents of the State of Rhode Island; and,
WHEREAS, the Town Council of the Town of Coventry desires to promote a vigorous and growing economy within certain limits of the community so as to protect and maintain the rural character of the remaining community; and,
WHEREAS, the property of Developer is located in that area identified in the Coventry Comprehensive Plan as sustainable for economic growth; and,
NOW THEREFORE, the Town Council of the Town of Coventry respectfully requests his Excellency the Governor, pursuant to R.I. Gen. Laws 42-117-4, to support and assist classification as a project of Critical Economic Concern.
By: /s/ Ronald S. Wood Date 11/24/03
Attest to: /s/ Roberta H. Johnson, CMC Date 11/24/03
*******
Communication With End Resulting Action Concerning DPW Equipment Trade
Mr. Frobel informed Council members that our tub grinder has diminished in value would like to trade for small excavator to be used by DPW and Recreation. This would save us dollars as we periodically rent an excavator. I support this trade.
Discussion held.
Motion made by William J. Hall seconded by Gregory Laboissonniere to approve trade. All voted Aye. So voted.
Motion made by James J. Spearman seconded by William J. Hall that meeting be adjourned. All voted Aye. So voted.
Adjourned at 10:10 p.m.
/s/ Roberta H. Johnson, CMC
Roberta H. Johnson, CMC
TOWN COUNCIL MEETING
November 10, 2003
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Assistant Town Solicitor - Frederick G. Tobin, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by James J. Spearman seconded by Frank Hyde that Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Resolution Awarding Purchase/Construction of Salt Dome
2. Resolution Awarding Purchase of Pick-Up Truck
3. Tax Abatements $24,318.04 and Additions $15,911.52 for October 2003 (See Page 46A)
4. Resolution Authorizing Borrowing of $3,400,000.00 for Sewer Construction
Resolution No. 94-03-2293 Awarding Purchase/Construction of Salt Dome
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 94-03-2293
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the salt shed/dome construction for the Public Works Department.
Vendor
PARK LANE CONSTRUCTION $137,400.00
AND DEVELOPMENT CORPORATION
10269 Old Route 31W
Clyde, New York 14433
Funding is provided in the 2002/2003 Department of Public Works Winter Maintenance Capital Improvement Budget in the amount of $77,400, supplemented with funds provided under a Department of Environmental Management Non-Point Source Grant in the amount of $60,000.
PASSED AND ADOPTED this 10th of November 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 95-03-2294 Awarding Purchase of Pick-Up Truck for Recreation Department
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 95-03-2294
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the purchase of a 2004 pick-up truck for the Parks and Recreation Department .
Vendor
COLONY FORD TRUCK CENTER, INC. $20,992.00
7 Jefferson Boulevard
Warwick, RI 02888
Funding is provided for in the 2003/2004 Department of Parks and Recreation Capital Improvement Program.
PASSED AND ADOPTED this 10th of November 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 96-03-2295 Authorizing Borrowing of $3,400,000.00 for Sewer Construction
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 96-03-2295
Resolution on file in Town Clerk’s Office.
ZONE CHANGE DECISION RE: Assessor’s Plat 330, Lot 30 (Zoned RR-3) and Assessor’s Plat 324, Lot 110 (Zoned RR-2 & RR-3) Rezoned to PUD (Planned Unit Development) BOYD BROOK
Motion made by Gregory Laboissonniere seconded by Frank Hyde that zone change request be denied. Individual voice vote unanimous to deny zone change.
Resolution Adopting Affordable Housing Study (Tabled October 27, 2003)
Motion made by William J. Hall to leave resolution tabled for further study.
Discussion held with Senator Blais. Council members questioned where the state delegation stood on the affordable housing statutes; and if there are any planned changes coming. Senator Blais informed Council members that he is one of a few senators prefiling legislation to place a moratorium on the entire affordable housing process until it came be studied. He warned that the Boyd Brook project was by no means ended and that there was still a possibility that it can still go forward under the comprehensive permit process through the Zoning Board thereby bypassing need for Council approved zone change. He updated the Council on what was going on in other communities regarding this issue. He stated that the 10% number regarding affordable housing was illusive and that there have not been any studies done regarding it’s validity.
Council member Hall’s motion was seconded by Frank Hyde. All voted Aye. So voted.
Correspondence and Resulting Action Regarding Tourist District
Motion made by William J. Hall seconded by James J. Spearman to send letter to Governor Carcieri expressing the Council’s negative opinion regarding consolidation of area tourist districts into one lead agency. The Council believes it is not in the best interest of Coventry. All voted Aye. So voted.
*******
Meeting was suspended at 8:35 p.m. to continue work session.
Motion made by William J. Hall seconded by James J. Spearman to go into executive session at 9:08 p.m. for the following purpose: discussion pertaining to personnel matters pursuant to R.I.G.L. 42-46-5. (a) (1). Roll call vote, motion carries unanimously.
Motion made by Frank Hyde seconded by James J. Spearman to come out of executive session at 9:43 p.m. Roll call vote, motion carries unanimously.
Motion made by Frank Hyde seconded by James J. Spearman that minutes of executive session be sealed. Voice vote, motion carries unanimously.
Motion made by James J. Spearman seconded by Frank Hyde that meeting be adjourned. All voted Aye. So voted.
Adjourned at 9:45 p.m.
/s/ Roberta H. Johnson, CMC
Town Clerk
TOWN COUNCIL MEETING
October 27, 2003
Motion made by James J. Spearman seconded by William J. Hall to come out of executive session at 8:10 p.m. Roll call vote. Motion carries unanimously.
Presentation was made by President Wood and Mr. Frobel in memory of Representative Steven J. Anderson who died on May 15, 2003.
Steve’s wife Rita Anderson and his mother Evelyn Anderson were presented a framed copy of the front page of the July-September 2003 Town of Coventry Municipal Employee Newsletter. Representative Anderson’s philosophy was "Each day you rise, work, care for your family and live your life; no fanfare, no bright lights. Yet, you do it day after day, the best you are able...no newspaper headlines, no ego highlights." He will certainly be missed.
President Wood stated agenda Item H. 4. Coventry Affordable Housing Study was listed under Public Hearings in error; should have been listed as a presentation by Barbara Sokoloff and Associates, Inc.
Roll call by the Clerk.
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Moment of Silence was held for Kelly Nester, daughter of Librarian Annette Nester who was taken from us this past week.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by James J. Spearman seconded by Gregory Laboissonniere that minutes of September 29 and October 6 and 9, 2003 be accepted and approved as presented. All voted Aye. So voted.
Motion made by William J. Hall seconded by Frank Hyde to remove item #4 from the Consent Agenda for further consideration. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman that items
#1-3, 5 and 6 on Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Resolution Awarding Construction Project Amgen/Hopkins Hill Sewer Project
2. Resolution Authorizing Signing of Contract Between Town and IBPO
Local 306
3. Resolution Awarding Purchase of Washed Sand
4. Resolution Establishing Liquor License Fees (Removed)
5. Request by George H. Amend, Jr. for Perpetual Care for Woodland Cemetery, Lot No. 883 W/H
6. Requests by Herman R. Matteson, Jr. for Perpetual Care for Oakland Cemetery #69, Lots 6,8,30, 26 N/H and 27 S/H
Resolution No. 88-03-2287 Awarding Construction Project Amgen/Hopkins Hill Sewer Project
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 88-03-2287
BE IT RESOLVED that the Town Council of the Town of Coventry affirms the award of a Contract #03 by the Town Manager for the Amgen Hopkins Hill Road Sewer
Project.
SOUTH SHORE UTILITY CONTRACTORS, INC. $391,463.80
P.O. Box 19610
Johnston, RI 02919
PASSED AND ADOPTED this 27th of October 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 89-03-2288 Authorizing Signing of Contract Between Town and IBPO Local 306
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 89-03-2288
RESOLVED:
That the Town Council hereby ratifies the Collective Bargaining Agreement negotiated between the Town of Coventry and the International Brotherhood of Police Officers, IBPO Local 306, and authorizes the Town Manager to execute the Agreement on behalf of the Town.
PASSED AND ADOPTED this 27th of October 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 90-03-2289 Awarding Purchase of Washed Sand
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 90-03-2289
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the following materials for the Department of Public Works:
WASHED SAND
WALTER E. REYNOLDS $8.00/Ton Delivered
GENERAL CONTRACTOR, INC. $7.75/Ton Picked Up
2 Reynolds Court
Coventry, RI 02816
Funding is provided for in the 2003/2004 Department of Public Works Roads & Bridges Division Account No. 830.
PASSED AND ADOPTED this 27th of October 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 91-03-2290 Establishing Liquor License Fees
Discussion held on resolution establishing liquor license fees.
Consensus of Council Members was not to change anything that was not mandatory and to increase Class A from $500.00 to $1,000.00, Class B Limited from $200.00 to $1,500.00 and Class E from $10.00 to $200.00 as mandated by recently passed state law. The remainder of the liquor license fees to stay the same. Council is imposing current fee and liquor applicants have grace period of six months to pay additional fees. Coventry’s legislative delegation is working to have new mandated fee increases repealed.
Motion made by William J. Hall seconded by James J. Spearman that the above Class A, Class B Limited and Class E license fees be increased and amended as agreed upon. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 91-03-2290
RESOLVED, That the Town Council of the Town of Coventry,
ACTING AS A LICENSE COMMISSION under the Title 3 of the General Laws
of Rhode Island, 1956, as amended, hereby established the following
rates be prorated as provided in said Title 3:
CLASS A $ 500.00 amended to: $1,000.00
CLASS B $ 1,000.00
CLASS B LIMITED $ 200.00 amended to: $1,500.00
CLASS D CLUB $ 400.00
CLASS E $ 10.00 amended to: $ 200.00
RESOLVED, that the licenses this day granted, or hereafter
granted shall afford the holders hereof all privileges intended under Title 3
of the General Laws of Rhode Island, 1956 as amended; and to all lawful
orders of the Department of Business Regulation, and this Council acting
as a LICENSE COMMISSION or otherwise.
All licenses this day granted must be taken out and paid for by the
applicants not later than November 30, 2003.
All taxes due the Town of Coventry and State of Rhode Island and
all Town indebtedness, must be paid before license is issued, and
licensee must have fulfilled all the requirements for the issuing of said
license.
PASSED AND ADOPTED this 27th of October 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
*******
Application by Elizabeth A. Chase for Private Detective License Renewal
Motion made by James J. Spearman seconded by William J. Hall that license renewal be granted. All voted Aye. So voted.
Application by Robert J. Conover for Private Detective License Renewal
Motion made by William J. Hall seconded by James J. Spearman that license renewal be granted. All voted Aye. So voted.
Application for New Victualing License by Richard E. and Denise M. Matthews d/b/a Rick & Dee’s, 17 Knotty Oak Road
Applicants were both present and stated they resided at 35 Indian Trail in Coventry. Mr. Matthews currently runs a restaurant in Warwick. He stated they expect to close on property in the next two weeks.
Motion made by Gregory Laboissonniere seconded by Frank Hyde that new license be granted. All voted Aye. So voted.
Applications for Victualing License Renewals Some with Additional Hours
Motion made by James J. Spearman seconded by William J. Hall that the below listed forty-nine license renewals be granted. All voted Aye. So voted.
1. 1100 Main Street Coventry, LLC, d/b/a Coventry Mart, 1100 Main Street, Route 117
2. Anderson, Arthur L. & Gustaf, d/b/a Anderson Bros., Coventry, Pines, 1065 Harkney Hill Road
3. Bess Eaton Donut Flour Co., 435 Washington St. (Additional Hours)
4. Bess Eaton Donut Flour Co., 732 Tiogue Avenue (Additional Hours)
5. Better Val-U Supermarkets, d/b/a Jerry’s Super Market #09, 23 Coventry
Shoppers Park
6. BJ’s Wholesale Club, Inc., BJ’s Wholesale Club, 790 Center of New England Boulevard
7. Borrelli’s Bakery & Pastries, Inc., 765 Tiogue Avenue
8. Breadworks, 153 Sandy Bottom Road
9. Britay’s Deli & Catering, 789 Tiogue Avenue
10. Captain Nemo’s Sub Shop, 15 Sandy Bottom Road
11. CCF, LLC, d/b/a Wendy’s, 2311 New London Turnpike
12. China Star, 1028 Tiogue Avenue
13. Coventry Donuts, Inc., d/b/a Dunkin Donuts, 800 Tiogue Avenue
14. Coventry Seafood, Inc., 629 Washington St.
15. Cumberland Farms, Inc. #1219, 1600 Nooseneck Hill Road
16. Cumberland Farms, Inc. #1247, 785 Tiogue Avenue (Additional Hours)
17. Cumberland Farms, Inc. #1250, 436 Knotty Oak Road, Route 116
18. DB Marketing Co., Inc., d/b/a DB Mart #28, 764 Tiogue Avenue (Additional Hours)
19. Deciantis Ice Cream, 1373 Main St., Coventry
20. Delop’s, Inc., d/b/a D’Angelo Sandwich Shop, 795 Tiogue Avenue
21. DePetrillo’s Pizza & Bakery, Inc., 797 Tiogue Avenue
22. Morning Rush Coffee & Donut Shop, Inc., d/b/a Morning Rush, 642 Washington St.
23. Double A Refreshments, d/b/a Del’s Lemonade of Coventry, 465 Tiogue Avenue
24. Fidas, Eleni, d/b/a Silver Lake Pizza, 1146 Main Street (Additional Hours)
25. G & F Bakery, d/b/a Daily Grind, 1026 Tiogue Avenue
26. Greco Enterprises, Ltd., d/b/a Subway Sandwich Shop, 722 Tiogue Avenue
27. G Tech Corporation, 1372 Main Street
28. Harris Deli, 656 Main Street
29. Harry’s Pizza LLC, d/b/a Ronzio Pizza, 1032 Tiogue Avenue
30. Jan Co Central, Inc., d/b/a Burger King, 1145 Tiogue Avenue
31. Kenyon Oil, Inc., d/b/a Coventry XTRA MART, 851 Tiogue Avenue
32. Labrakis, John N., d/b/a Santoro’s Pizza & Restaurant, 687 Tiogue Avenue
33. L/M Tacori, Inc., d/b/a Taco Bell, 784 Tiogue Avenue
34. Lonquest Mgmt. Co., d/b/a McDonald’s of Coventry, 1100 Tiogue Avenue
35. Mason’s, 433 Washington Street
36. Mealworks, LLC, 1606 Nooseneck Hill Road
37. Michael’s Ice-Cream LLC, 975 Tiogue Avenue
38. Nerard, Inc., d/b/a Kentucky Fried Chicken of Coventry, 824 Tiogue Avenue
39. Newport Creamery LLC, 781 Tiogue Avenue
40. Paddy McGoon, Inc., d/b/a Silver Spoon, 1532 Main Street
41. PJ’s Country Store, Inc., d/b/a PJ’s Country Store, Pole 278 Flat River Road
42. PJ’s Diner, 608 Tiogue Avenue
43. Samuel Moses Corp., d/b/a Candy’s Kitchen, 17 Knotty Oak Road (Additional Hours)
44. Smiling Sole Fish Market, Inc., 891 Tiogue Avenue
45. Summit General Store, Ltd., 25 Old Summit Road, Greene
46. Super Stop & Shop, 900 Tiogue Avenue (Additional Hours)
47. Tom’s Fruit & Deli, Inc., 821 Tiogue Avenue
48. Wal-Mart Stores, Inc., 1173 Tiogue Avenue
49. Coventry House of Pizza, 875 Tiogue Avenue
P U B L I C H E A R I N G S
1. Ordinance Amending Code of Ordinances Chapter 17, Traffic and Motor Vehicles, ARTICLE II
Motion made by William J. Hall seconded by James J. Spearman to table for further review by legal department. All voted Aye. So voted.
2. Petitions for Abandonment of Portion of George and Pettine Streets by Maria R. Plante
Applicant, Maria R. Plante was present and stated she resided at 57 Taft Street in Coventry. She stated since 1993 she has been grooming paper road next to her house. It was overgrown with brush and used as a dump for trash and construction debris and there are wetlands back there. Ms. Plante further stated that she had no problem with Planning Commission stipulation regarding an easement to the town.
Motion made by William J. Hall seconded by Gregory Laboissonniere to open public hearing. All voted Aye. So voted.
Jennifer Almy, Four Salem Street spoke in favor of abandonments.
Rosemary Hobson, 1060 Main Street stated she was not opposed to this particular abandonment; but wanted it noted that public needs more information and she wanted to know what the procedure was.
No one spoke against abandonments.
Motion made by James J. Spearman seconded by Frank Hyde to close public hearing. All voted Aye. So voted.
President Wood stated Planning Commission gave favorable recommendation with the following stipulation: easement to the town for access to Assessor’s Plat 47, Lot 38 (parcel owned by the Town of Coventry) for maintenance purposes due to possible drainage issues.
Motion made by William J. Hall seconded by James J. Spearman that abandonments be approved with stipulation recommended by Planning Commission. All voted Aye. So voted.
*******
Senator Raptakis addressed the Council with regards to the liquor license fee increases. He requested resolution supporting enabling legislation for rescinding/repealing liquor license fee increases from the Council.
Class A Liquor License Renewals
1. Coventry Discount Wine & Liquor, Inc., d/b/a Coventry Liquor, 600 Washington Street
2. Crestwood Wine & Spirits, Inc., d/b/a Christy’s Liquors, 725 Tiogue Avenue
3. Bill’s Liquors, LLC, d/b/a Bill’s Package Store, 672 Main Street
4. Petrarca, Anthony S., d/b/a Anthony’s Wine & Spirits Ltd., 895 Tiogue Avenue
5. Shoppers Liquors, Inc., 1142 Main Street
Motion made by William J. Hall seconded by Frank Hyde to open public hearing. All voted Aye. So voted.
No one in favor of five renewals.
Kenneth Hobson, 1060 Main Street was against granting renewals.
Motion made by James J. Spearman seconded by William J. Hall that public hearing be closed. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman that five above listed Class A liquor license renewals be granted. All voted Aye. So voted.
Class B with Victualing Liquor License Renewals
1. Brookside Inn, Inc., 595 Washington Street (Dance)
2. Come Along Inn, Inc., 402 Washington Street (Liveshow Entertainment)
3. JAAS Restaurant Corp., d/b/a Cafe Romanzo, 495 Washington Street (Dance & Liveshow Entertainment)
4. Europa Food, Inc., d/b/a Europa, 33 Sandy Bottom Road
5. H & N Enterprise, d/b/a Village Pub, 1128 Main Street
6. Jaguar Tap, Inc., d/b/a Nicky’s Lounge, 354 Tiogue Avenue (Liveshow Entertainment)
7. Sun Lee Ent., Inc., d/b/a Mai Tai Restaurant, 856 Tiogue Avenue
8. Xynellis Enterprises, LLC, d/b/a Eva’s Restaurant, 915 Tiogue Avenue
9. Chatermike Restaurant Corp., d/b/a Nino’s on Lake Tiogue, 446 Tiogue Avenue (Dance)
10. Domenic’s, Inc., d/b/a Domenic’s Pizza, 577 Tiogue Avenue
11. Kim Holly’s, Inc., d/b/a Kim Holly’s, 17 Sandy Bottom Road (Dance & Liveshow Entertainment)
12. Rekas, Russell E. and Alan M., d/b/a Reko’s Pitcher’s Mound, 620 Tiogue Avenue (Liveshow Entertainment)
13. Venus Pizza Inc., 2080 Nooseneck Hill Road
14. Washington Tap, Inc., d/b/a Bim’s Place, 1152 Main Street (Dance & Liveshow Entertainment)
15. Dennis J. Colicchio, d/b/a Harris Bar & Grille, 666 Main Street (Dance & Liveshow Entertainment)
16. Applebee’s Northeast, Inc., d/b/a Applebee’s Neighborhood Grill & Bar, 830 Centre of New England Boulevard
17. Savario’s Restaurant & Lounge LLC, 1650 Nooseneck Hill Road (Liveshow Entertainment)
Motion made by Gregory Laboissonniere seconded by Frank Hyde that public hearing be opened. All voted Aye. So voted.
No one in favor of seventeen renewals.
Kenneth Hobson, 1060 Main Street stated his opposition.
Rosemary Hobson, 1060 Main Street stated her opposition.
Both Mr. & Mrs. Hobson expressed past concerns that were not addressed to their lsatisfaction. From now on they are going to file any new complaints with Major Schmitter.
Motion made by James J. Spearman seconded by Gregory Laboissonniere that public hearing be closed. All voted Aye. So voted.
Motion made William J. Hall seconded by James J. Spearman that above seventeen license renewals be granted with current stipulations. All voted Aye. So voted.
Class B Limited with Victualing Liquor License Renewals
1. Appetites Family Restaurant, Inc., 473 Tiogue Avenue
2. Olympic Flame, Inc., d/b/a A-1 Pizza, 1602 Nooseneck Hill Road
3. Zoran, Inc., d/b/a the Gentleman Farmer Restaurant, Inc., 2405 Nooseneck Hill Road
4. Par Four, Inc., d/b/a Washington Village Golf Course, Inc., Two Fairway Drive
5. Xenopoulos, Peter d/b/a Pete’s Pizza Plus, 21 Hill Farm Road
6. The Country Way, 2260 Flat River Road
7. A. Pagliarini’s Family Restaurant, Inc., 637 Washington Street
8. Hunan Balcony, Inc., 687 Washington Street
Motion made by William J. Hall seconded by Frank Hyde to open public hearing. All voted Aye. So voted.
No one spoke in favor.
Kenneth Hobson, 1060 Main Street stated his opposition.
Motion made by James J. Spearman seconded by William J. Hall to close public hearing. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman that eight above listed liquor license renewals be granted with current stipulations. All voted Aye. So voted.
Class D Club License with Victualing Renewals
1. Club Jogues, 184 Boston Street (Victualing and Dance)
2. Coventry Columbus Club, d/b/a Knights of Columbus, Msgr. Peter Blessing Council #5273, 371 Knotty Oak Road (Victualing and Dance)
3. Coventry Memorial Post #9404 VFW, 29 South Main Street (Victualing & Dance)
4. Coventry Men’s Club, Inc., 30 Phillips Hill Road (Victualing & Dance)
5. Coventry Police Advancement Association, Inc., d/b/a CPAA, 487 Washington Street
6. Polish National Alliance #1001, d/b/a PNA #1001, 15 Meeting Street (Victualing & Dance)
President Wood recused himself from Class D Club License renewals. Recusal placed on file.
Vice-President Spearman presided over public hearing.
Motion made by William J. Hall seconded by Frank Hyde that public hearing be opened. All voted Aye. So voted.
No one spoke in favor of six license renewals.
Kenneth Hobson, 1060 Main Street stated his opposition.
Motion made by William J. Hall seconded by Frank Hyde that public hearing be closed. All voted Aye. So voted.
Motion made by William J. Hall seconded by Frank Hyde to remove #4 for further discussion. All voted Aye. So voted.
Motion made by William J. Hall seconded by Frank Hyde that #1,2,3,5 & 6 listed above license renewals be granted. All voted Aye. So voted.
Motion made by James J. Hall seconded by Frank Hyde to grant #4 for the purpose of discussion.
Council member Hall read the following portion of letter from Central Coventry Fire District regarding Coventry Men’s Club: The Coventry Men’ Club is in the process of replacing non-compliant front entry doors to the building. I have been informed that the doors will be replaced with compliant doors with emergency exit hardware installed. The President of the Coventry Men’s Club, has awarded a contract for this work and the contractor called the station and stated he will try to accomplish the work in the next ten days. All other minor non-compliant problems that we found have been resolved. If the Town of Coventry issues short term licenses, the Central Coventry fire District would support a temporary license until this matter is resolved. Council member Hall also added that there is no guarantee on ten days.
Based on Solicitor Sullivan’s recommedation motion made by William J. Hall seconded by Frank Hyde to grant three month temporary license and revisit at that time to assure compliance. All voted Aye. So voted.
Application by Pawtuxet Valley Prescription & Surgical Center, Inc., 59 Sandy Bottom Road for Class E Liquor License Renewal.
Motion made by William J. Hall seconded by Frank Hyde that public hearing be opened. All voted Aye. So voted.
No one in favor of liquor license renewal.
Kenneth and Rosemary Hobson both of 1060 Main Street voiced their opposition.
Motion made by William J. Hall seconded by Frank Hyde that public hearing be closed. All voted Aye. So voted.
Motion made by James J. Spearman seconded by Frank Hyde that license renewal be granted. All voted Aye. So voted.
*******
Presentation Regarding Affordable House Study.
Barbara Sokoloff and Associates reviewed the latest draft of Coventry’s Affordable House Study. Discussion was held with Town Planner, Brent Narkawicz; Brian Laplante from Commerce Park Realty and the Council.
Consensus of Council to schedule work session for further review.
Motion made by William J. Hall seconded by James J. Spearman to table Resolution adopting Affordable House Study. All voted Aye. So voted.
*******
Resolution No. 92-03-2291 Reappointing Two Members to the Senior Citizens’s Board
Motion made by William J. Hall seconded by James J. Spearman to reappoint Ernest Rusack and Maureen Keenan. All voted Aye. So voted.
RESOLUTION
OF THE
TOWN COUNCIL
NO. 92-03-2291
RESOLVED:
That the Town Council of the Town of Coventry hereby
appoints Ernest Rusack, 154 Phillips Hill Road
and Maureen Keenan, 42 Meredith Drive to
the Coventry Senior Center Governing Board for the administration of
programs for senior citizens and the operation of Senior Citizens Center
for the term of two years, ending September 1, 2005.
PASSED AND ADOPTED this 27th day of October, 2003.
APPROVED: Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town CLerk
Resolution No. 93-03-2292 Adopting Administrative Pay and Classification Plan
Motion made James J. Spearman seconded by Gregory Laboissonniere that resolution adopting administrative pay and classification plan be approved. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 93-03-2292
BE IT RESOLVED that the Town Council of the Town of Coventry hereby
adopts the attached Administrative Pay and Classification Plan to become effective
July 1, 2003.
PASSED AND ADOPTED this 27th day of October, 2003.
APPROVED: Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Ordinance Introduction Amending Code of Ordinances, Chapter 16, Taxation by Adding ARTICLE I - Taxpayers, Delinquent.
Motion made by James J. Spearman seconded by William J. Hall that ordinance be introduced and Clerk directed to advertise for public hearing. All voted Aye. So voted.
Motion made by James J. Spearman seconded by William J. Hall that meeting be adjourned. All voted Aye. So voted.
Adjourned at 10:50 p.m.
/s/ Roberta H. Johnson, CMC
Town Clerk
SPECIAL TOWN COUNCIL MEETING
October 9, 2003
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Assistant Town Solicitor - Frederick Tobin, Esq.
Pledge of Allegiance led by President Wood.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Manager, Francis Frobel.
Resolution No. 87-03-2286 Authorizing Town Manager to Execute Contract Between Town of Coventry and Council 94 Local 3484 (Tabled October 6, 2003)
Motion made by William J. Hall seconded by James J. Spearman that resolution be removed from the table. All voted Aye. So voted.
Motion made by James J. Spearman seconded by William J. Hall that resolution be passed and adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 87-03-2286
RESOLVED:
That the Town Council hereby ratifies the Collective Bargaining Agreement negotiated between the Town of Coventry and Council 94, A.F.S.C.M.E. on behalf of Local 3484, and authorizes the Town Manager to execute an Agreement on behalf of the Town.
PASSED AND ADOPTED this 9th of October 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
P U B L I C H E A R I N G (Continued from September 29, 2003)
Ordinance Amending Zoning Ordinance and Zoning Map Articles 5 and 18 Regarding Assessor’s Plat 330, Lot 30 (Zoned RR-3) and Assessor’s Plat 324, Lot 110 (Zoned RR-2 & RR-3) Rezoned to PUD (Planned Unit Development)
(See Stenographer’s transcript for official record of public hearing.)
Motion made William J. Hall seconded by James J. Spearman that public hearing be closed. All voted Aye. So vote.
Motion made by James J. Spearman seconded by William J. Hall that meeting is adjourned. All voted Aye. So voted.
Adjourned at 10:11 p.m.
/s/ Roberta H. Johnson, CMC
Roberta H. Johnson, CMC
Town Clerk
SPECIAL TOWN COUNCIL MEETING
October 6, 2003
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Motion made by William J. Hall seconded by James J. Spearman to go into executive session at 6:30 p.m. for the following purpose: Pertaining to Collective Bargaining. This action is taken pursuant to R.I.G.L. 42-46-5. (a) (2). Roll call vote, carries unanimously.
Motion made by William J. Hall seconded by James J. Spearman to come out of executive session at 7:10 p.m. Roll call vote, carries unanimously.
Council held Work Session from approximately 7:30 p.m. until
8:30 p.m.
Special Town Council Meeting convened at 8:58 p.m.
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by James J. Spearman seconded by Gregory Laboissonniere that Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Resolution Authorizing Sewer Tie-in to Proceed for William J. Fontaine and Laurie C. Smith Owners of Two Properties Location: 670 and 672 Main Street; Assessor's Plat 96, Lot 40.1 and 674 & 676 Main Street, Assessor's Plat 96, Lot 40.2
2. Application for Class F License by Our Lady of Czenstochowa,
222 MacArthur Boulevard on October 19, 2003
3. Tax Abatements for the Month of September in the Amount of $15,397.54 (See Page 30A)
Resolution No. 85-03-2284 Authorizing Sewer Tie-in to Proceed for Property Owned by William J. Fontaine and Laurie C. Smith Location: 670, 672, 674 and 676 Main Street; Assessor’s Plat 96, Lots 40.1 and 40.2
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 85-03-2284
That William J. Fontaine and Laurie C. Smith, owners of property located at 670, 672, 674, and 676 Main Street, Coventry, RI, Assessor’s Plat 96, Lots 40.1 and 40.2 be allowed to proceed with negotiations with the Town of West Warwick to connect to the West Warwick Sewer System. Such tie-in shall be in accordance with the sewer tie-in agreement between the Town of West Warwick and the Town of Coventry signed November 28, 1983 and the town’s Sewer Ordinance adopted January 13, 1997. If such tie-in is approved notify the Town of Coventry for the purpose of record keeping.
PASSED AND ADOPTED this 6th of October 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Application for New Peddler License and Sunday Sales License by Brian M. Warnock d/b/a Joe’s Produce Location: 2501 Nooseneck Hill Road
Applicant was present and stated he resided at Five Bank Street, Hope Valley. He responded to Council’s questions as follows: He’ll be operating in the lot of the former Albro’s Market near the West Greenwich town line. Has prior experience and has a wholesale business. Will be selling only fruits, vegetables and flowers per application. Plans to operate nine months of the year; not January, February or March. He will not be using the interior of the building; but will be using garage for evening storage. His hours of operation will be Monday - Friday noon until dark and Saturday and Sunday 9:00 a.m. until dark. He will be working with Zoning Officer with regards to sign permits and parking.
Motion made by James J. Spearman seconded by Frank Hyde that new peddler and Sunday Sales licenses be granted. All voted Aye. So voted.
Resolution Authorizing Town Manager to Execute Contract Between Town of Coventry and Council 94 Local 3484
Motion made William J. Hall seconded by James J. Spearman that resolution be tabled. All voted Aye. So voted.
Resolution No. 86-03-2285 Supporting Challenge to State’s Affordable Housing Law
Motion made by William J. Hall seconded by Frank Hyde that resolution be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 86-03-2285
BE IT RESOLVED BY the Town Council of the Town of Coventry that the Town
Solicitor is hereby authorized to join with the Towns of Charlestown, Cumberland and Exeter in proceeding to challenge legality of the Rhode Island Low and Moderate
Income Housing Act and rules promulgated by the State Housing Appeals Board>
PASSED AND ADOPTED this 6th of October 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Motion made by James J. Spearman seconded by William J. Hall to go into executive session at 9:10 p.m. for the following purpose: pertaining to litigation. This action is taken Pursuant to R.I.G.L. 42-46-5 (a) (2). Roll call vote, motion carries unanimously.
Motion made by James J. Spearman seconded by William J. Hall to come out of executive session at 10:31 p.m. Roll call vote, motion carries unanimously.
Motion made by William J. Hall seconded by James J. Spearman to seal minutes of executive session. Roll call vote. Motion carries unanimously.
Motion made by James J. Spearman seconded by William J. Hall that meeting be adjourned. All voted Aye. So voted.
Adjourned at 10:32 p.m.
/s/ Roberta H. Johnson, CMC
Roberta H. Johnson, CMC
Town Clerk
TOWN COUNCIL MEETING
September 29, 2003
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Assistant Town Solicitor - Frederick Tobin, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by James J. Spearman seconded by William J. Hall that minutes from August 25 and September 8, 2003 be accepted and approved as presented.
Motion made by William J. Hall seconded by James J. Spearman to remove item #1 from the Consent Agenda for discussion. All voted Aye. So voted.
Motion made by James J. Spearman seconded by Frank Hyde that items # 2 & 3 on the Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman that item #1 be amended as follows: Public Hearing on School Department Budget held on April 19, 2003, Public Hearing on Municipal Budget held on April 20, 2003 and Town Council Work Session with Town Manager and Department Heads held on April 21, 2003. All voted Aye. So voted.
CONSENT AGENDA
1. Resolution Adopting Town Manager’s FY2004-2005 Budget Calendar
2. Resolution Awarding Purchase of Fire Arms for Police Department
3. Resolution Awarding Purchase of Dump Truck for DPW
Resolution No. 82-03-2281 Adopting Town Manager’s FY2004-2005 Budget Calendar
Resolution No. 83-03-2282 Awarding Purchase of Fire Arms for Police Department
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 83-03-2282
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the purchase of sixty (60) semi-automatic pistols for the Police Department as outlined in the bid proposal.
Vendor
SIGARMS, INC. $21,628.00
18 Industrial Drive
Exeter, NH 03833
Funding is provided for by the Self-Insurance Reserve Fund.
PASSED AND ADOPTED this 29th of September 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 84-03-2283 Affirming Purchase of Dump Body for DPW
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 84-03-2283
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the purchase of the following for the Department of Public Works.
Vendor
W. H. Rose, Inc. $31,182.00
9 Route 66 East Option One $250.00 per door
Columbia, CT 06237 (One (1) door in base bid)
(1) Heil Dump Body, Model HH and Hoist, Model 1821
Delivery Date: 90 - 120 days
Warranties: One (1) Year
Funding is provided for in the 2003/2004 Department of Public Works Capital Improvement Program.
PASSED AND ADOPTED this 29th of September 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
O R D I N A N C E I N T R O D U C T I O N S
Ordinance Amending Code of Ordinances Chapter 17 Traffic and Motor Vehicles, Article II
Major Schmitter gave a brief synopsis of ordinance revisions.
Motion made by William J. Hall seconded by James J. Spearman that ordinance be introduced and Clerk be directed to advertise for public hearing. All voted Aye. So voted.
Ordinance Amending Zoning Ordinance and Zoning Map Articles 5 and 18 Regarding Assessor’s Plat 43, Lot 35 and Plat 35, Lot 32.001 (Zoned RMH) Rezoned to PUD (Planned Unit Development) for an Additional 96 Apartments and Retain All Rights Under RMH (Residential Mobile Home District)
Motion made by James J. Spearman seconded by William J. Hall that ordinance be introduced and Clerk directed to advertise for public hearing at end of November. All voted Aye. So voted.
P U B L I C H E A R I NG (Continued from September 8, 2003)
Ordinance Amending Zoning Ordinance and Zoning Map Articles 5 and 18 Regarding Assessor’s Plat 330, Lot 30 (Zoned RR-3) and Assessor’s Plat 324, Lot 110 (Zoned RR-2 & RR-3) Rezoned to PUD (Planned Unit Development)
(See Stenographer’s transcript for official record of public hearing.)
Consensus of Council Members to continue tentatively to Thursday, October 9, 2003 at 6:30 p.m. same location as tonight. Clerk directed to put notice in local newspaper and on the town’s web page regarding continuation.
Motion made by James J. Spearman seconded by William J. Hall to suspend the public hearing. All voted Aye. So voted.
Motion made by James J. Spearman seconded by William J. Hall that meeting be adjourned. All voted Aye. So voted.
Adjourned at 10:23 p.m.
/s/ Roberta H. Johnson, CMC
Roberta H. Johnson, CMC
Town Clerk
TOWN COUNCIL MEETING
September 8, 2003
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Assistant Town Solicitor - Frederick Tobin, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by James J. Spearman seconded by William J. Hall that Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Tax Abatements for August, 2003 in the Amount of $18,140.83 and Additions in the Amount of $8,089.40
2. Resolution Authorizing Contract for Professional Consulting Services Regarding Engineering Services Related to Water System Main Installation Along Colvintown Road
3. Resolution Regarding Purchase of Ramblewood Estates and Mapleroot Village Parks by Homeowners
4. Resolution Rescheduling Town Council Meetings in September and October 2003
Resolution No. 79-03-2278 Authorizing Contract for Professional Engineering Consulting Services Related to Colvintown Water System Main Installation
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 79-03-2278
BE IT RESOLVED by the Town Council of the Town of Coventry that the Town Manager is hereby authorized to enter into a contract for professional consulting services with Garofalo and Associates, Inc., 85 Corliss Street, Providence, RI. Said contract is for engineering services regarding preliminary design, final design, permitting and engineering services during construction related to water system main installation along Colvintown Road.
Cost of this work is to be funded under the U.S. Environmental Protection Agency FY2003 Special Appropriation Project Grant.
PASSED AND ADOPTED this 8th of September 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 80-03-2279 Regarding Purchase of Ramblewood Estates and Mapleroot Village Parks by Homeowners
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 80-03-2279
BE IT RESOLVED by the Town Council that the Director of Finance/Town Treasurer is hereby authorized to deposit fifty-thousand dollars ($50,000) with the Trustees assigned to oversee the purchase of the Ramblewood Estates and Mapleroot Village Parks in accordance with the Purchase Agreement executed between the homeowners in the two (2) respective parks and the Maple Root Corporation. Said payment shall be considered part of the one million dollar ($1,000,000) loan authorized by the Town Council (Resolution 23-03-2221) on March 24, 2003.
PASSED AND ADOPTED this 8th of September 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 81-03-2280 Rescheduling Town Council Meetings in September and October 2003
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 81-03-2280
RESOLVED:
That the Town Council Meetings have been rescheduled as follows:
September 29, 2003
October 17, 2003
PASSED AND ADOPTED this 8th of September 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Application for Private Detective License Renewal by Bruce Capwell
Motion made by William J. Hall seconded by James J. Spearman that private license renewal be granted. All voted Aye. So voted.
P U B L I C H E A R I N G S
Ordinance No. 04-03-0238 Amending Code of Ordinances Chapter 3 Animals and Fowl by Adding Section 3-15. Destruction of Dogs, Cats and Other Domestic Animals
Mr. Frobel reviewed destruction of animals as stated in new ordinance--lethal injection by licensed veterinarian.
Motion made by Gregory Laboissonniere seconded by Frank Hyde to open public hearing. All voted Aye. So voted.
No one for or against passage of ordinance.
J. Lomastro, 751 Washington Street was concerned that their would be higher cost for citizens putting animals down with new requirement for service performed by licensed veterinarian.
Mr. Frobel advised contact animal control officer to make arrangements for destruction of sick animal.
Motion made by William J. Hall seconded by James J. Spearman that public hearing be closed. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman that ordinance be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CHAPTER 3
ANIMALS AND FOWL
ORDINANCE NO. 04-03-0238
CHAPTER 3 Animals and Fowl, is hereby amended to add the following:
Section 3-15. Destruction of dogs, cats and other domestic animals.
Dogs, cats and domesticated animals shall be destroyed by
lethal injection by a licensed veterinarian if it has been
determined by the Animal Control Officer and/or said
veterinarian that it is in the best interest of the animal.
This ordinance shall take effect upon passage and all ordinances and parts of
ordinances inconsistent herewith are hereby repealed.
Duly Adopted on: September 8, 2003
Application for New Class B Ltd. Liquor License by Food Links, Inc., d/b/a Spikes Junkyard Dogs, 1030 Tiogue Avenue (Tabled July 28, 2003)
Council member William J. Hall recused himself. Recusal placed on file with Town Clerk.
Motion made by James J. Spearman seconded by Gregory Laboissonniere to remove application from the table. All voted Aye. So voted.
Discussion held with Council.
Applicant, Melanie S. Linkevich, 38 Sharon Drive was present and informed Council planned to open November 1, 2003. Hours of operation would be Monday thru Saturday 11:00 a.m. to 11:00 p.m. and Sunday 11:00 a.m. to 9:00 p.m. Rich Linkevich stated he has previous experience in the hotel industry including tending bar. He is currently employed by Willow Brooks Foods and has 10+ years with the company. Per state all managers will be T.I.P.S. certified upon license approval. President Wood requested sale of beer and wine be curtailed half hour before closing time.
Motion made by James J. Spearman seconded by Gregory Laboissonniere to open public hearing. All voted Aye. So voted.
No one spoke in favor.
The following citizens opposed:
1. Kenneth Hobson, 1060 Main Street--Questioned what happens to license if business goes belly up. Per Solicitor Sullivan license would be retired. Mr. Hobson was concerned with number of liquor licenses currently issued. President Wood advised less than in previous years.
2. Carol Vadnais, 21 Lane B, Ramblewood Estates--Concerned with amount of traffic coming out of Ramblewood Estates.
Motion made by James J. Spearman seconded by Frank Hyde to close public hearing. All voted Aye. So voted.
Motion made by James J. Spearman seconded by Frank Hyde that new Class B Limited License be granted.
Vote taken: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood and James J. Spearman all voted in favor of granting licensing. So voted.
Ordinance Amending Zoning Ordinance and Zoning Map Articles 5 and 18 Regarding Assessor’s Plat 330, Lot 30 (Zoned RR-3) and Assessor’s Plat 324, Lot 110 (Zoned RR-2 & RR-3) Rezoned to PUD (Planned Unit Development)
Solicitor Sullivan recused himself. Recusal placed on file with Town Clerk. Assistant Solicitor Tobin will represent the Town regarding this matter.
President Wood informed those in attendance that meeting would end at
10:00 p.m. and be continued if necessary.
(See Stenographer’s transcript for official record of public hearing.)
Motion made by William J. Hall seconded by James J. Spearman at 10:00 p.m. that meeting be continued to September 29, 2003 at 6:30 p.m. in the Coventry High School Auditorium if available. All voted Aye. So voted.
/s/ Roberta H. Johnson, CMC
Roberta H. Johnson,
Town Clerk
TOWN COUNCIL MEETING
August 25, 2003
PRESENT: Gregory Labossonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Motion made by William J. Hall seconded by Frank Hyde to suspend executive session at 8:05 p.m. Roll call vote. Motion carries unanimously.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by James J. Spearman seconded by Frank Hyde that minutes of July 28 & 31, and August 19, 2003 be accepted and approved as presented. All voted Aye. So voted.
Motion made by James J. Spearman seconded by William J. Hall that Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Tax Abatements for July, 2003 in the Amount of $177,824.61 and Additions in the Amount of $166, 430.68 (See Pages 16A&16B)
2. Resolution Regarding Annual Budgetary Transfers
3. Resolution Regarding Award of Contract for Sewer Pump Station Bid
4. Resolution Regarding Submittal of State Historical Preservation Grant
5. Resolution Authorizing Submittal of Application Under the State Revolving Fund
6. Resolution Regarding Reaffirming of Contract Between Town of Coventry and Immunex, Corporation
7. Resolution Regarding Authorization to Issue Short Term Borrowing Notes
Resolution No. 73-03-2272 Authorizing Annual Budgetary Transfers in 2002-2003
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 73-03-2272
BE IT RESOLVED by the Town Council of the Town of Coventry that the Town Manager is hereby authorized to make the following budgetary transfers in 2002-2003:
FROM: Recreation $ 6,988
Human Services $35,619
Town Manager $23,964
Treasurer $12,364
$78,935
TO: Snow Removal $ 6,988
Vehicular Maintenance $71,947
$78,935
PASSED AND ADOPTED this 25th of August 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 74-03-2273 Awarding Contract for Sewer Pump Station Bid
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 74-03-2273
BE IT RESOLVED that the Town Council of the Town of Coventry affirms the award of a contract by the Town Manager for the Fast Track Sandy Bottom Road Sewer Pump Station (Contract #03-02):
PCM, INC. $2,219,000.00
414 Main Street
East Greenwich, RI 02818-0151
PASSED AND ADOPTED this 25th of August 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 75-03-2274 Authorizing Submittal of State Historical Preservation Grant (The Anthony Village Mill Worker’s House Restoration)
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 75-03-2274
BE IT RESOLVED by the Town Council of the Town of Coventry that the Town Manager is hereby authorized to submit an application under the State of Rhode Island Historical Preservation and Heritage Commission State Preservation Grant Program for improvements associated with the Anthony Village Mill Worker’s House Restoration as part of the Revitalization Project.
PASSED AND ADOPTED this 25th of August 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 76-03-2275 Authorizing Submittal of Application Under the State Revolving Fund
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 76-03-2275
BE IT RESOLVED by the Town Council of the Town of Coventry to authorize the Town Manager to prepare the required documents and request $10,000,000.00 in financing from the State Revolving Fund (SRF), co-managed by the R.I. Clean Water Finance Agency and the Office of Water Resources, for the Town’s portion of the Fast Track Sewer Interceptor Sewer project (Contracts 03-01A, 03-01B, 03-02, 03-03, 03-04, Project Number 02-014) costs; and as further described in a memorandum to the Town of Coventry from Weston & Sampson Engineers, Inc., attached, dated July 25, 2003 and entitled "Fast Track Sewer Interceptor Project - SRF Loan."
PASSED AND ADOPTED this 25th of August 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 77-03-2276 Reaffirming of Contract Between Town of Coventry and Immunex, Corporation
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 77-03-2276
BE IT RESOLVED by the Town Council of the Town of Coventry hereby executes the document Wastewater Infrastructure Construction, Transfer, Use and Reimbursement Agreement. Said Agreement concerns construction of the sanitary sewers for the facility owned by Immunex.
PASSED AND ADOPTED this 25th of August 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 78-03-2277 Authorizing Issuance of Short Term Borrowing Notes
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 78-03-2277
RESOLUTION OF THE TOWN COUNCIL AUTHORIZING
THE ISSUANCE OF TAX ANTICIPATION NOTES
BE IT RESOLVED by the Town Council of the Town of Coventry Rhode Island, (the "Town") that::
SECTION 1. Pursuant to Rhode Island General Laws Section 45-12-4 and a resolution of the Financial Town Meeting, the Town Council hereby authorizes the Director of Finance/Treasurer and the President of the Town Council acting on behalf of the Town, from time to time to issue up to $6,000,000 interest bearing notes in anticipation of the receipt of the proceeds of the annual tax assessed or to be assessed upon the taxable property within the said Town as of December 31, 2002 for the financial year July 1, 2003 to June 30, 2004 for the purpose of providing funds for the payment of the current liabilities and expenses of said Town. The Notes shall be issued by the Town under its corporate name and seal or a facsimile of such seal. The Notes shall be signed by the manual or facsimile signature of the Director of Finance/Treasurer and the President of the Town Council.
SECTION 2. The manner of sale, amount, denominations, maturities, conversion or registration privileges, dated dates, due dates, interest rates, medium of payment, and other terms, conditions and details of the Notes authorized hereunder shall be as stated herein or, if not so stated, fixed by the Director of Finance.
SECTION 3. The Director of Finance/Treasurer and the President of the Town Council are authorized to take all actions necessary to comply with federal securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") and to execute and deliver if required in connection with the Notes a Continuing Disclosure Agreement or a Material Events Disclosure Agreement in the form as shall be deemed advisable by the Director of Finance/Treasurer and the President of the Town Council in order to comply with the Rule. The Town hereby covenants and agrees that it will comply with and carry out all provisions of any such Continuing Disclosure Agreement or Material Events Disclosure Agreement, as either of them may be amended from time to time. Notwithstanding any other provision of this Resolution or the Notes, failure of the Town to comply with any such Continuing Disclosure Agreement or Material Events Disclosure Agreement shall not be considered an event of default; however, any note holder may take such actions as may be necessary and appropriate, including seeking a mandate or specific performance by court order, to cause the Town to comply with its obligations under this Section and under any such agreement.
PASSED AND ADOPTED this 25th of August 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
*******
Ceremony Regarding Signing of Contract between Coventry, West Warwick and Amgen.
In attendance were representatives of Amgen and the Town of West Warwick.
President Wood thanked the numerous state and local officials, Amgen officials and town staff for their time and effort with this project. He explained that this contract will finally give the Town of Coventry some backbone for a sewer system which is much needed for economic development within this community.
Council member Hall, Coventry’s representative on the Sewer Authority introduced and recognized the following: Steve Lichatin, Esq., Amgen’s lead attorney, Mark Sawyer,
Amgen’s project manager and West Warwick Town Council Member Leo Constantino. Mr. Hall also thanked past and present elected officals, staff, Amgen representatives and all the people who worked hard and made this contract possible.
Council member Constantino and Mark Sawyer also expressed their enthusiasm and thanks for all the hard work that went into this project.
Contract was signed and notarized.
Brian Manning representing the Pawtuxet River Authority thanked Coventy, West Warwick and Amgen’s representatives and stated this further improves the excellent working relationship with the River Authority.
*******
Solicitor Sullivan advised President Wood that John Sullivan, Town Sergeant brought to his attention we maybe in access of fire code occupancy.
Discussion held with Safety Officials regarding Council Chamber capacity.
President Wood informed those in attendance that due to public safety concerns we need to vacate the building.
Motion made by William J. Hall seconded by James J. Spearman that meeting be suspended and remainder of agenda items be continued to September 8, 2003 at 6:30 p.m. in the Coventry High School Auditorium. All voted Aye. So voted. Clerk directed to advertise continuation of meeting as a block advertisement in local newspaper.
Meeting ended at 8:55 p.m.
/s/ Roberta H. Johnson, CMC
Roberta H. Johnson, CMC
Town Clerk
SPECIAL TOWN COUNCIL MEETING
August 19, 2003
6:30 p.m.
Paul Sprague advised Council Members that this was an emergency meeting being convened with less than 48 hours public notice because of the exigent circumstances in that Amgen needs a response this evening as far as where we going on this; because we have an immediate drop dead date and this has to be made part of the public record. Vice-President Spearman responded so noted.
PRESENT: Gregory Labossonniere, Frank Hyde, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Also present was Paul K. Sprague, Esq.
President Ronald S. Wood was absent.
Consensus of Council members to dispense with agenda items B thru D.
Resolution No. 70-03-2269 Authorizing Submittal of Application Under the State Revolving Fund Program.
Motion made by Frank Hyde seconded by William J. Hall that resolution be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 70-03-2269
BE IT RESOLVED by the Town Council of the Town of Coventry to authorize the Town Manager to prepare the required documents and request $10,000,000.00 in financing from the State Revolving Fund (SRF), co-managed by the R.I. Clean Water Finance Agency and the Office of Water Resources, for the Town’s portion of the Fast Track Sewer Interceptor Sewer project (Contracts 03-01A, 03-01B, 03-02, 03-03, 03-04, Project Number 02-014) costs; and as further described in a memorandum to the Town of Coventry from Weston & Sampson Engineers, Inc., attached, dated July 25, 2003 and entitled "Fast Track Sewer Interceptor Project - SRF Loan."
PASSED AND ADOPTED this 19th day of August 2003.
APPROVED James J. Spearman, Vice-President
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 71-03-2270 Regarding Reaffirming of Contract Between Town of Coventry and Immunex, Corporation.
Motion made by William J. Hall seconded by Gregory Laboissonniere that resolution be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 71-03-2270
BE IT RESOLVED by the Town Council of the Town of Coventry hereby executes the document Wastewater Infrastructure Construction, Transfer, Use and Reimbursement Agreement. Said Agreement concerns construction of the sanitary sewers for the facility owned by Immunex.
PASSED AND ADOPTED this 19th day of August 2003.
APPROVED James J. Spearman, Vice-President
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 72-03-2271 Regarding Authorization to Issue Short Term Borrowing Notes.
Motion made by William J. Hall seconded by Frank Hyde that resolution be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 72-03-2271
RESOLUTION OF THE TOWN COUNCIL AUTHORIZING
THE ISSUANCE OF TAX ANTICIPATION NOTES
BE IT RESOLVED by the Town Council of the Town of Coventry Rhode Island, (the "Town") that::
SECTION 1. Pursuant to Rhode Island General Laws Section 45-12-4 and a resolution of the Financial Town Meeting, the Town Council hereby authorizes the Director of Finance/Treasurer and the President of the Town Council acting on behalf of the Town, from time to time to issue up to $6,000,000 interest bearing notes in anticipation of the receipt of the proceeds of the annual tax assessed or to be assessed upon the taxable property within the said Town as of December 31, 2002 for the financial year July 1, 2003 to June 30, 2004 for the purpose of providing funds for the payment of the current liabilities and expenses of said Town. The Notes shall be issued by the Town under its corporate name and seal or a facsimile of such seal. The Notes shall be signed by the manual or facsimile signature of the Director of Finance/Treasurer and the President of the Town Council.
SECTION 2. The manner of sale, amount, denominations, maturities, conversion or registration privileges, dated dates, due dates, interest rates, medium of payment, and other terms, conditions and details of the Notes authorized hereunder shall be as stated herein or, if not so stated, fixed by the Director of Finance.
SECTION 3. The Director of Finance/Treasurer and the President of the Town Council are authorized to take all actions necessary to comply with federal securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") and to execute and deliver if required in connection with the Notes a Continuing Disclosure Agreement or a Material Events Disclosure Agreement in the form as shall be deemed advisable by the Director of Finance/Treasurer and the President of the Town Council in order to comply with the Rule. The Town hereby covenants and agrees that it will comply with and carry out all provisions of any such Continuing Disclosure Agreement or Material Events Disclosure Agreement, as either of them may be amended from time to time. Notwithstanding any other provision of this Resolution or the Notes, failure of the Town to comply with any such Continuing Disclosure Agreement or Material Events Disclosure Agreement shall not be considered an event of default; however, any note holder may take such actions as may be necessary and appropriate, including seeking a mandate or specific performance by court order, to cause the Town to comply with its obligations under this Section and under any such agreement.
SECTION 4. This Resolution shall take effect upon its passage.
PASSED AND ADOPTED this 19th day of August 2003.
APPROVED James J. Spearman, Vice-President
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Mr. Frobel advised that there was no need to take action on agenda items listed as E.4. and F.
Motion made by William J. Hall seconded by Gregory Labossonniere that meeting be adjourned. All voted Aye. So voted.
Meeting adjourned at 6:50 p.m.
/s/ Roberta H. Johnson, CMC
Town Clerk
SPECIAL TOWN COUNCIL MEETING
July 31, 2003
Town Hall Council Chambers
6:30 P.M.
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall, Ronald S. Wood
Town Manager- Francis A. Frobel
Town Solicitor- Patrick J. Sullivan, Esq.,
Motion made by James J. Spearman seconded by William J. Hall to go into executive session for the following purpose: Pertaining to Litigation, Collective Bargaining and Personnel Matters pursuant to R.I.G.L. 42-46-5. (a) (1 & 2). Roll call vote. Motion carries unanimously.
Motion made by William J. Hall seconded by James J. Spearman to come out of executive session at 8:15 p.m. Roll call vote. Motion carries unanimously.
Motion made by William J. Hall seconded by Gregory Laboissonniere that minutes of executive session be sealed. Voice vote. Motion carries unanimously.
Resolution No. 66-03-2265 Regarding Amgen (Tabled July 9, 2003)
Motion made by William J. Hall seconded by Frank Hyde to remove from the table. All voted Aye. So voted.
Motion made William J. Hall unanimously seconded by council members that resolution be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 66-03-2265
BE IT RESOLVED by the Town Council of the Town of Coventry that the attached Wastewater Infrastructure Construction, Transfer, Use and Reimbursement Agreement is hereby executed between the Town and Immunex, a Delaware Corporation having a facility in West Greenwich, Rhode Island.
Said Agreement shall outline the terms and conditions for the financing, construction and use of certain wastewater infrastructure designed to treat the facility’s wastewater needs.
PASSED AND ADOPTED this 31st of July 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 67-03-2266 Regarding Awarding of Sewer Installation Project
Motion made by James J. Spearman seconded by Gregory Laboissonniere that resolution be adopted. All voted Aye. So vote.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 67-03-2266
BE IT RESOLVED that the Town Council of the Town of Coventry affirms the award of a contract by the Town Manager for the Fast Track Sewer Interceptor Project to:
JOHN ROCCHIO CORPORATION $5,649,590.00
20 Lark Industrial Parkway
Smithfield, Rhode Island 02917
PASSED AND ADOPTED this 31st of July 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 68-03-2267 Regarding Sewer Improvements West Greenwich
Motion made by William J. Hall seconded by James J. Spearman that resolution be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 68-03-2267
BE IT RESOLVED by the Town Council of the Town of Coventry that the Town Manager is hereby authorized to execute the attached Agreement regarding certain sewer improvements located in West Greenwich related to Amgen sewer line.
PASSED AND ADOPTED this 31st of July 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 69-03-2268 Regarding Settlement Omni Development Corporation
Motion made by Frank Hyde seconded by William J. Hall that resolution be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 69-03-2268
RESOLVED:
That the Town Council hereby affirms the settlement of the litigation entitled OMNI DEVELOPMENT CORPORATION V. TOWN OF COVENTRY ZONING BOARD OF REVIEW, State Housing Appeals Board No. 2001-1 according to the Consent Agreement attached hereto and incorporated by reference as if fully set forth herein. In doing so, the Town Solicitor is hereby authorized and empowered, on behalf of the Town of Coventry, to execute said Consent Agreement with the Chairman of the Zoning Board of Review and the Town Solicitor is hereby authorized and empowered on behalf of the Town of Coventry to contemporaneously withdraw the appeal on behalf of the Town Council in TOWN OF COVENTRY V. OMNI DEVELOPMENT COPR. Rhode Island Supreme Court No. 2002-20.
PASSED AND ADOPTED this 31st of July 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
President Wood stated for the record as part of resolution there is an appointment of a Town Council Member as overseer. Councilman Hyde appointed as our liaison.
Motion made by James J. Spearman seconded by William J. Hall that meeting is adjourned. All voted Aye. So voted.
Adjourned at 8:25 p.m.
/s/ Roberta H. Johnson, CMC
Town Clerk
TOWN COUNCIL MEETING
July 28, 2003
PRESENT: Gregory Labossonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Patrick J. Sullivan, Esq.
Motion made by William J. Hall seconded by Frank Hyde to suspend executive session at 8:05 p.m. Roll call vote. Motion carries unanimously.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Mrs. Johnson swore-in three new police officers.
Recessed at 8:15 p.m.
Reconvened.
Motion made by James J. Spearman seconded by William J. Hall that minutes of May 12, May 19, June 9 and July 14, 2003 be accepted and approved as presented. All voted Aye. So voted.
Motion made by William J. Hall seconded by Frank Hyde to remove the following items from the Consent Agenda for further consideration:
7. Resolution Regarding Awarding of Sewer Installation Project
9. Resolution Regarding Sewer Improvements West Greenwich
10. Resolution Regarding AMGEN (Tabled July 9, 2003)
All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman that items #1-6, 8 and 11 on Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Tax Abatements for Month of May Totaling $5,317.60 and Additions Totaling $6,595.89 and Tax Abatements for Month of June Totaling $8,270.97
2. Resolution Awarding Purchase of Refuse Truck Body
3. Resolution Awarding Purchase of Refuse Truck Cab & Chassis
4. Resolution Awarding Purchase of Recycling Truck Body
5. Resolution Awarding Purchase of Recycling Truck Chassis
6. Resolution Awarding Purchase of Pick-up Truck
7. Resolution Regarding Awarding of Sewer Installation Project (Removed)
8. Resolution Awarding Purchase of Building Official’s Truck
9. Resolution Regarding Sewer Improvements West Greenwich (Removed)
10. Resolution Regarding AMGEN (Tabled July 9, 2003) (Removed)
11. Resolution Supporting Passage of House Bill H-6147 Regarding Funding for Public Libraries
Resolution No. 58-03-2257 Awarding Purchase of Refuse Truck Body
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 58-03-2257
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the purchase of the following equipment for the Department of Public Works.
Vendor
C.N. WOOD COMPANY, INC. $49,810.00
200 Merrimac Street
Woburn, MA 01801
29 yard Refuse Body - Labrie Equipment, Expert 2000 (per specifications)
Funding is provided for in the 2003/2004 Department of Public Works Sanitation Capital Improvement Program.
PASSED AND ADOPTED this 28th of July 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 59-03-2258 Awarding Purchase of Refuse Truck Cab & Chassis
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 59-03-2258
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the purchase of the following equipment for the Department of Public Works.
Vendor
ALTRUI BROTHERS TRUCK SALES, INC. $99,791.00
1100 Warren Avenue
East Providence, RI 02914
Crane Carrier Co. LD2-30 Cab and Chassis
(Per specifications)
Funding is provided for in the 2003/2004 Department of Public Works Sanitation Capital Improvement Program.
PASSED AND ADOPTED this 28th of July 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 60-03-2259 Awarding Purchase of Recycling Truck Body
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 60-03-2259
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the purchase of the following equipment for the Department of Public Works.
Vendor
C.N. WOOD COMPANY, INC. $37,500.00
200 Merrimac Street
Woburn, MA 01801
Recycling Body - Labrie Equipment, Top select 1000 - 35 yd. Recycling Body (per specifications)
Funding is provided for in the 2003/2004 Department of Public Works Sanitation Capital Improvement Program.
PASSED AND ADOPTED this 28th of July 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 61-03-2260 Awarding Purchase of Recycling Truck Chassis
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 61-03-2260
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the purchase of the following equipment for the Department of Public Works.
Vendor
ALTRUI BROTHERS TRUCK SALES, INC. $91,215.00
1100 Warren Avenue
East Providence, RI 02914
Recycling chassis - Crane Carrier Company, Low entry tilt LET 2-30 (per specifications)
Funding is provided for in the 2003/2004 Department of Public Works Sanitation Capital Improvement Program.
PASSED AND ADOPTED this 28th of July 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 62-03-2261 Awarding Purchase of Pick-up Truck
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 62-03-2261
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the purchase of the following vehicle for the Public Works Department .
Vendor
PAUL BAILEY’S EAST GREENWICH FORD SALES $17,980.00
2545 South County Trail
East Greenwich, RI 02818
(1) Used 2001 Ford F250 Super Duty 4x4 Pickup Truck
Available for immediate delivery - start date 3/22/01 - 3/22/04
or 36,000 miles (current mileage 33,291)
Funding is provided for in the 2003/2004 Department of Public Works Roads and Bridges Capital Improvement Program.
PASSED AND ADOPTED this 28th of July 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 63-03-2262 Awarding Purchase of Building Official’s Truck
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 63-03-2262
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the purchase of the following vehicle for the Building Official.
Vendor
PAUL BAILEY’S EAST GREENWICH FORD $19,490.00
2545 South County Trail
East Greenwich, RI 02818
(1) 2003 Ford Ranger Supercab 4 x 4 Ranger
(3 year/36,000 miles)
Funding is provided for in the 2003/2004 Department of Public Works Capital Improvement Program.
PASSED AND ADOPTED this 28th of July 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 64-03-2263 Supporting Passage of House Bill H-6147 Regarding Funding for Public Libraries
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 64-03-2263
WHEREAS, We recognize and support the educational value of our public libraries
and wish to ensure that adequate construction funding is provided by
the State of Rhode Island; and
WHEREAS, We recognize that a strong statewide library system improves access for
everyone; and
WHEREAS, This act would provide 2.5 million dollars in fiscal year 2004 which
would increase in increments of 1 million dollars each year through
fiscal 2008 for construction aid for public libraries as appropriated
in the budget of the office of library and information services; and
WHEREAS, Passage of this bill would not require any additional legislative
appropriation for this year.
NOW, THEREFORE, BE IT RESOLVED, That the Town Council of the Town
of Coventry hereby expresses its full support for the passage of House
Bill H-6147, and urges the House of Representatives and the Senate,
respectively, to pass this bill as promptly as possible, and that a
copy of this resolution be forwarded to our Local Legislators and
to each city and town in the State of Rhode Island.
PASSED AND ADOPTED this 28th of July 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Application for New Yearly Peddler and Sunday Sales License by Joseph Medeiros and Nansi Lynch d/b/a Coventry Farmers Market Location: 507 Tiogue Avenue
Applicants were both present. Ms. Lynch informed Council she was familiar with peddling and they would be peddling fruits, vegetables and cut flowers.
President Wood reviewed zoning officer’s comments with applicants and requested conformance with them.
Discussion held regarding if we had yearly license or not.
Motion made by William J. Hall seconded by James J. Spearman that 90 day peddler license and Sunday sales license be granted and if Solicitor Sullivan determined we had a yearly license Clerk could collect additional fee and issue yearly license administratively with no further Council action. All voted Aye. So voted.
Application for Sunday Sales License Renewal by Edward Joseph Manni Location: 1200 Tiogue Avenue
Motion made by James J. Spearman seconded by William J. Hall that license renewal be granted. All voted Aye. So voted.
Application for New 90 Day Peddler and Sunday Sales License by Robert Gieck, d/b/a Rabbit’s Patch Location: 548 Tiogue Avenue
Applicant, Robert Gieck was present and stated he had pictures/diagram as requested by Solicitor. He would be peddling fruits and vegetables and if permitted hanging plants. He stated had been in business for 24 years and his location is right on Tiogue Lake--the boat house on Mr. Blair’s property.
Motion made by William J. Hall seconded by James J. Spearman that resolution be put on floor for discussion.
Councilman Hall requested supporting documentation to be turned over to Town Engineer, Town Planner, Chief of Police and the Traffic Advisory Board as to whether or not this business location is going to interfere with the following:
1. Proximity to spillway
2. Traffic hazard
3. Location of two peddlers across the street from one another and to report back to the Council by the next scheduled meeting August 25, 2003.
No further discussion held.
Motion made William J. Hall seconded by James J. Spearman to table license applications. All voted Aye. So voted.
Application for New Victualing License by Food Links, Inc. d/b/a Spikes Junk Yard Dogs Location: 1030 Tiogue Avenue
Both applicants were present and informed Council members they had many years of experience. There hours of operation will be Monday thru Saturday 11:00 a.m. to 11:00 p.m. and Sunday 11:00 a.m - 9:00 p.m.
President Wood advised applicants subject to signage plan compliance.
Councilman Hall recused himself.
Motion made by James J. Spearman seconded by Frank Hyde that new victualing license be granted. All voted Aye. So voted.
Application for Auto Salvage License Renewal by Frank Strembicki and Son Towing and Auto Salvage, LLC Location: 285 Read School House Road (Public Hearing Closed and Application Tabled May 12, 2003)
Motion made by James J. Spearman seconded by William J. Hall that application be removed from table. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman put on floor for discussion.
Councilman Laboissonniere informed Council members he visited the site with Town Planner, Brent Narkawicz and also reviewed the aerial photos with him and he was satisfied with situation.
Councilman Hyde questioned if fence issue was resolved and informed nothing to do with operation--it was a civil matter. He also questioned if there had been any further expansion and Councilman Laboissonniere responded not that he could tell.
Mr. Narkawicz advised Council that Mr. Strembicki was operating under our guide lines and that the state didn’t have any problem with the operation either.
Vote taken on motion to grant license. All voted Aye. So voted.
Application for New Firearms License by David A. Tacey, d/b/a Totem Farms Gunshop Transfer of Location: 39 Indian Trail
Applicant was present and stated everything was locked using previous locks.
Discussion was held and it was determined this was a transfer of license location not a new license.
Motion made by James J. Spearman seconded by William J. Hall that transfer of license be granted. All voted Aye. So voted.
Application for Private Detective License Renewal by Karen A. Capen
Motion made by Gregory Labossonniere seconded by Frank Hyde that license renewal be granted. All voted Aye. So voted.
PUBLIC HEARINGS
Application for New Kennel License by Craig H. Capwell, d/b/a Capwell Kennels Location: 5530 Flat River Road
Motion made by William J. Hall seconded by James J. Spearman to table application--applicant not present. All voted Aye. So voted.
Application for New Class B Ltd. Liquor License with Victualing by Melanie S. Linkevich d/b/a Spikes Junk Dogs Location: 1030 Tiogue Avenue (Public Hearing Continued Due to Incorrect Legal Advertisement)
Motion made by James J. Spearman seconded by Frank Hyde to table to August 25, 2003. All voted Aye. So voted.
Resolution No. 65-03-2264 Appointing One Member to the Library Board of Trustees (Tabled June 9, 2003)
Motion made by Ronald S. Wood seconded by James J. Spearman to nominate and appoint Jason Farber, 1700 Harkney Hill Road. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 65-03-2264
RESOLUTION OF THE TOWN OF COVENTRY, STATE OF RHODE
ISLAND AND PROVIDENCE PLANTATIONS, APPOINTING ONE
MEMBER TO THE COVENTRY LIBRARY BOARD OF TRUSTEES.
WHEREAS the Ordinance establishing the Coventry Public Library requires a Board of Trustees consisting of seven (7) members to be appointed for three (3) year staggered terms of office, and
WHEREAS, there now exists one vacant term of office due to the resignation of one member.
NOW, THEREFORE, the Town Council of the Town of Coventry hereby appoints the below listed individual:
Jason Farber, 1700 Harkney Hill Road
as a member with term of office expiring May 1, 2006.
PASSED AND ADOPTED this 28th of July 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
ORDINANCE INTRODUCTIONS
Ordinance Amending Code of Ordinances Chapter 3 Animals and Fowl, by Addition of Section 3-15. Destruction of dogs, cats, and other domestic animals.
Motion made William J. Hall seconded by James J. Spearman that ordinance be introduced and Clerk directed to advertise for public hearing. All voted Aye. So voted.
Ordinance Amending Zoning Ordinance and Zoning Map Articles 5 and 18 Regarding Assessor’s Plat 330, Lot 30 (Zoned RR-3) and Assessor’s Plat 324, Lot 110 (Zoned RR-2 & RR-3) Rezoned to PUD (Planned Unit Development)
Motion made by James J. Spearman seconded by William J. Hall that ordinance be introduced and Clerk directed to advertise for public hearing. All voted Aye. So voted.
Motion made by James J. Spearman seconded by Frank Hyde to reconvene executive session at 9:12 p.m. Roll call vote. Motion carries unanimously.
Motion made by James J. Spearman seconded by Gregory Laboissonniere to come out of executive session at 11:43 p.m. Roll call vote. Motion carries unanimously.
Motion made by James J. Spearman seconded by Gregory Laboissonniere that minutes of executive session be sealed. Voice vote. Motion carries unanimously.
Motion made by James J. Spearman seconded by Frank Hyde that meeting be adjourned. All voted Aye. So voted.
Meeting adjourned at 11:44 p.m.
/s/ Roberta H. Johnson, CMC
Town Clerk
SPECIAL TOWN COUNCIL MEETING
July 14, 2003
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall,
James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Paul K. Sprague, Esq.
Resolution Regarding AMGEN (Remained Tabled)
Resolution No. 54-03-2253 Appointing Patrick J. Sullivan as Town Solicitor
Motion made by William J. Hall seconded by James J. Spearman that resolution be adopted. All voted Aye. So voted.
Town Clerk swore-in newly appointed Solicitor Sullivan.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 54-03-2253
BE IT RESOLVED that the Town Council of the Town of Coventry hereby affirms
the Town Manager’s appointment of Patrick J. Sullivan to serve as Town Solicitor.
This action is in accordance with the Town Charter, Article VII, Section 7.01.
PASSED AND ADOPTED this 14th day of July 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
*******
Resolution No. 55-03-2254 Awarding Contract for Road Resurfacing Project
Motion made William J. Hall seconded by James J. Spearman that resolution be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 55-03-2254
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for road surfacing improvements on town streets and roads:
CARDI CORPORATION $256,884.00
400 Lincoln Avenue
Warwick, RI 02888
Funding for this service is provided for in the 2003/2004 Department of Public Works Roads & Bridges Account No 830.
PASSED AND ADOPTED this 14th day of July 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
*******
Resolution No. 56-03-2255 Regarding Intermunicipal Sewer Agreement Amendment
Motion made by William J. Hall seconded by Frank Hyde that resolution be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 56-03-2255
RESOLUTION OF THE TOWN OF COVENTRY
AUTHORIZING EXECUTION AND DELIVER OF
AN ADDENDUM TO THE INTERMUNICIPAL AGREEMENT
FOR WASTEWATER SERVICES BY AND BETWEEN THE
TOWN OF COVENTRY AND THE TOWN OF WEST WARWICK
WHEREAS, pursuant to the Intermunicipal Agreement for Wastewater Services
between the Town of West Warwick and the Town of Coventry dated July 20, 1999 (the "Intermunicipal Agreement"), the Town of West Warwick is undertaking the advanced wastewater treatment project (the "AWT Project"), a Regional Project, as defined in the Intermunicipal Agreement; and
WHEREAS, the Town of Coventry has agreed to pay 21.43% of the costs of Regional Projects under the Municipal Agreement; and
WHEREAS, the parties desire to memorialize their agreement with respect to the sharing of costs for the AWT Project; and
WHEREAS, the parties executed an Addendum to the Intermunicipal Agreement on February 3, 2003; and
WHEREAS, the Town of West Warwick has requested and obtained a loan from the Rhode Island Clean Water Finance Agency ("RICWFA") for the AWT Project Costs; and
WHEREAS, in connection with the loan from the RICWFA, the parties seek to amend and restate their agreement with respect to the sharing of costs for the AWT Project;
NOW, THEREFOR, BE IT RESOLVED by the Town Council of the Town of Coventry, that the Town Manager, the Town Council President and the Town Clerk are authorized, empowered and directed, on behalf of the Town of Coventry to execute and deliver and Amended and Restated Addendum to the Intermunicipal Agreement with respect to sharing the cost of the AWT Project in substantially the form attached hereto or with such changes, omissions, insertions or revisions as said officers shall approve.
This Resolution shall take effect upon its passage.
PASSED AND ADOPTED this 14th day of July 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
*******
Resolution No. 57-03-2256 Regarding Pulaski Street Interceptor Sewer Agreement with the Kent County Water Authority
Motion made by William J. Hall seconded by James J. Spearman that resolution be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
No. 57-03-2256
BE IT RESOLVED by the Town Council of the Town of Coventry that the Town
Manager is hereby authorized to execute the attached Agreement between the Kent
County Water Authority and the Town of Coventry regarding the Pulaski Street Interceptor
Project.
PASSED AND ADOPTED this 14th day of July 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Motion made by William J. Hall seconded by James J. Spearman to go into executive session at 6:50 p.m. for the following purpose: to discuss matters pertaining to litigation and public finance per R.I.G.L. 42-46-5 (a) (2,5,6 and 7). Roll call vote. Motion carries unanimously.
Motion made by William J. Hall seconded by James J. Spearman to come out of executive session at 9:10 p.m. Roll call vote. Motion carries unanimously.
Motion made by James J. Spearman seconded by William J. Hall to seal the executive session minutes. Voice vote. Motion carries unanimously.
Motion made by James J. Speaman seconded by William J. Hall that meeting is adjourned. All voted Aye. So voted.
Meeting adjourned at 9:10 p.m.
/s/ Roberta H. Johnson, CM
Roberta H. Johnson, CMC
Town Clerk
TOWN COUNCIL MEETING
June 9, 2003
PRESENT: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Paul K. Sprague, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by William J. Hall seconded by James J. Spearman that Consent Agenda be accepted and approved as presented. Item #1. Resolution regarding AMGEN Contract is to remain tabled. All voted Aye. So voted.
CONSENT AGENDA
1. Resolution Regarding AMGEN Contract (Tabled May 12, 2003)
2. Resolution Regarding Purchase & Sales Agreement for Kaplan Property
3. Resolution Rescheduling Summer Town Council Meetings
4. Resolution Reaffirming Resolution No. 35-03-2233 Regarding Regional SWAT Team
5. Resolutions Regarding Purchase of Public Works Road Materials
a. Cold patch and All Patch
b. Stone Seal (Double)
c. Treated Stone Seal
d. Pavement Markings
e. Pipe
f. Dust Control
Resolution No. 46-03-2245 Regarding Purchase & Sales Agreement for Kaplan Property
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 46-03-2245
BE IT RESOLVED by the Town Council of the Town of Coventry that:
The Town Manager is hereby authorized to enter into a Purchase and Sales
Agreement for acquisition of property owned by Jeffrey Kaplan located on
Assessor’s Plat 66, Lot 39.
PASSED AND ADOPTED this 9th day of June 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 47-03-2246 Rescheduling Summer Town Council Meetings
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 47-03-2246
RESOLVED:
That the summer schedule for the Town Council meetings shall be
as follows: July 28 and August 25, 2003.
PASSED AND ADOPTED this 9th day of June 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 35-03-2233 Reaffirming Resolution No. 35-03-2233 Regarding SWAT Team
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 35-03-2233
WHEREAS, the joint exercise and enjoyment of law enforcement powers and authority is specifically authorized by Chapter 40.1 of Title 45 of the General Laws of Rhode Island, entitled "Interlocal Contracting and Joint Enterprises; and
WHEREAS, Chapter 42 of Title 45 of the General Laws of Rhode Island empowers law enforcement officers to exercise their powers outside of their normal jurisdiction when a request for assistance is forthcoming from another law enforcement agency; and
WHEREAS, the governing bodies of the undersigned counties and municipalities, hereinafter denominated as "signatories", have determined that it is the public interest and of mutual advantage to enter into an agreement for the provision of inter-agency police services;
NOW THEREFORE, pursuant to the above considerations, and the covenants and mutual benefits herein expressed, the parties hereby agree as follows:
I. PURPOSE
It is the intent of the signatories to secure through the mechanisms hereby created:
A. More efficient utilization of police services and resources;
B. An enhanced degree of cooperation between law enforcement agencies within the participating communities;
C. More timely and effective response to calls for specialized police assistance;
D. Adequate manpower levels of highly trained law enforcement officers to resolve crisis and high risk situations.
II. DURATION
This agreement will take effect between and among those signatories that are party to it upon execution by their respective governing bodies; and will remain in full force and effect for each and every signatory until the governing body of any one or more signatory(ies) notifies the governing body(ies) of each and every other signatory of their withdrawal in writing. It is specifically understood and agreed by and among the signatories that the withdrawal of any one or more parties does not work a nullification of this agreement, nor otherwise require its redrafting or re-execution.
III. PARTICIPATION
This agreement is strictly voluntary in nature and places no jurisdiction participating in it under any obligation to respond to a request for tactical unit services that it is unable or unwilling to honor. All participating jurisdictions should make every accommodation possible to allow team members the opportunity to assist with request for services or corresponding training.
IV. LIABILITY
All wages and disability payments, pension, workers’ compensation claims, medical expenses or other employment benefits will be the responsibility of the employing agency, unless the requesting agency is reimbursed for those costs from any other source. Each agency shall be the responsible for the negligence of its employees to the extent specified by law.
Each of the undersigned municipalities, in consideration of the placement of one or more of its police officers in the combined SWAT team, hereby agrees to indemnify and hold harmless all of the other participating municipalities from liability for any and all claims, by whomever made, arising from the participation of the indemnifying municipality’s police officers in the combined SWAT team.
FURTHERMORE, The Implementation, Command, Administration and Financing of this SWAT TEAM as detailed in Attachment A, (West Warwick Police Regional SWAT Team Policy) is referenced to and incorporated herein.
MUTUAL AID PACT/AGREEMENT
"The undersigned do hereby support the concepts, policies and procedures established by the West Warwick Police Regional Special Weapons and Tactics Team"
PASSED AND ADOPTED this 9th day of June 2003.
APPROVED Ronald S. Wood
Council President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 48-03-2247 Awarding Purchase of Cold Patch and All Patch
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 48-03-2247
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the following road materials for the Department of Public Works:
JOHNSTON ASPHALT LLC
100 Allendale Avenue
Johnston, RI 02919
Cold Patch $ 38.00/ton at Plant
ALL Patch $ 59.50/ton at Plant
Funding for this service is provided in the 2003/2004 Department of Public Works Roads & Bridges Division Account No. 830.
PASSED AND ADOPTED this 9th day of June 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 49-03-2248 Awarding Purchase of Stone Seal (Double)
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 49-03-2248
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager
pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the following
road materials for the Department of Public Works:
ALL STATES ASPHALT, INC.
PO Box 91
Sunderland, MA 01375
Stone Seal (double) $2.44 per sq. yd.
Funding for this service is provided for in the 2003/2004 Department of Public Works Roads & Bridges Division Account No. 830.
PASSED AND ADOPTED this 9th day of June 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 50-03-2249 Awarding Purchase of Treated Stone Seal
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 50-03-2249
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager
pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the furnishing and applying liquid asphalt and stone on properly prepared bituminous streets:
ALL STATES ASPHALT, INC.
PO Box 91
Sunderland, MA 01375
Treated Stone Seal $1.44 per sq. yd.
Funding for this service is provided for in the 2003/2004 Department of Public Works Roads & Bridges Division Account No. 830.
PASSED AND ADOPTED this 9th day of June 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 51-03-2250 Awarding Contract for Pavement Markings
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 51-03-2250
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager
pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the marking
of pavements on town streets and roads:
HI-WAY SAFETY SYSTEMS, INC.
285 Circuit Street
Hanover, MA 02339
Paint Stripping-Reflectorized $.0239/l.f.
Paint Crosswalks-Reflectorized $.25/l.f.
Paint Stripping-Thermoplastic $.27/l.f.
Paint Crosswalks-Thermoplastic $1.00/l.f.
Funding for this service is provided for in the 2003/2004 Department of Public Works Roads & Bridges Division Account No. 830.
PASSED AND ADOPTED this 9th day of June 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 52-03-2251 Awarding Contract for Pavement Markings
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 52-03-2251
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager
pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for heavy duty
corrugated polyethylene pipe and perforated protective wrapped tubing;
EPPCO
124 Costello Road
Newington, CT 06131-0257
HEAVY DUTY CORRUGATED POLYETHYLENE PIPE
12" Pipe $ 3.50/ft.
15" Pipe $ 4.50/ft.
18" Pipe $ 6.95/ft.
24" Pipe $10.95/ft.
30" Pipe $16.95/ft.
36" Pipe $20.50/ft.
PERFORATED WRAPPED PIPE
8" tubing $ 1.54/ft.
Split Coupling $ 1.54 ea.
10" tubing $ 2.50/ft.
Split Coupling $ 2.50 ea.
Funding for this service is provided for in the 2003/2004 Department of Public Works Roads & Bridges Division Account No. 830.
PASSED AND ADOPTED this 9th day of June 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 53-03-2252 Awarding Contract for Calcium Chloride for Dust Control
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 53-03-2252
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager
pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the following
materials for the Department of Public Works:
ROAD SOLUTIONS, INC.
420 Dow Highway
Eliot, ME 03903
Calcium Chloride for dust control $.192 per sq yd. TOTAL $6,720
Funding for this service is provided for in the 2002/2003 Department of Public Works Roads & Bridges Division Account No. 830.
PASSED AND ADOPTED this 9th day of June 2003.
APPROVED Ronald S. Wood
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Applications for Renewal of Victualing and Sunday Sales License for Morning Rush Coffee & Donut Shop, Inc., 642 Washington Street
Motion made by William J. Hall seconded by James J. Spearman that both license renewals be granted. All voted Aye. So voted.
Application for New Sunday Sales License by Victoria Ingwersen d/b/a Briar Patch Country Store, 2076 Nooseneck Hill Road
Applicant, Ms. Victoria Ingwersen was present and stated she resides at Four Linwood Street, West Warwick and this is her first endeavor. She stated Sunday hours would be from noon to 6:00 p.m.
Motion made by James J. Spearman seconded by Gregory Laboisonniere that new license be granted. All voted Aye. So voted.
Resolution Appointing One Member to the Library Board of Trustees
Motion made by William J. Hall seconded by James J. Spearman to table resolution. All voted Aye. So voted.
Petition by Sandra A. Parenteau Requesting Abandonment of Paper Road Off of Read Avenue near Greenwood Avenue
Motion made by William J. Hall seconded by James J. Spearman to refer to Planning Commission for review and recommendation. All voted Aye. So voted.
Petition for Change of Zone from Residential Mobile Home District (RMD) to Planned Development (PD); Assessor’s Plat 43, Lot 35 and Assessor’s Plat 35, Lot 32.001 (Westwood Estates)
Motion made by James J. Spearman seconded by Frank Hyde to refer to Planning Commission for review and recommendation. All voted Aye. So voted.
Discussion and Resulting Action on School Department Finances.
President Wood stated the following:
1. It appears at this time School Department will end the year with a balanced budget, no deficit.
2. At this time there is not enough funds to open second middle school.
3. Town Council has agreed to offer a loan of $400,000.00 to the school department in hopes it would be enough to open all the schools.
The loan would be taken out of the Town’s unallocated reserve
fund and at no interest with payment ending in FY 2006. School Superintendent, Kenneth DePietro will do further research regarding acceptance of this additional money.
4. It is the consensus of the Town Council to get the schools open and not increase burden on the taxpayers. It appears our appeals to the State have been heard and our State Legislators have gone to the Governor and it appears there may be some additional monies coming to the town besides the state aid. Federal government has also granted the town some additional money restricted for special education.
Discussion held Regarding Route #3 Project.
Mr. Frobel wanted to get a consensus from Town Council regarding type of construction preferred 1R Program vs. Reconstruction. Per position paper placed on file if the Town chose the 1R program, the work could be started next year (2004) with little impact to businesses along the route and a quick construction schedule. If the reconstruction were chosen, then the project would have to go back through the Transportation Improvement Program (TIPS) for additional funding, the design would be longer, the construction would take longer and impacts to the business community would be much greater, including the loss of parking.
Discussion was held regarding pros and cons of both options and what amenities the Council desired.
Motion made by James J. Spearman seconded by William J. Hall that consensus of Town Council is for 1R program and letter be sent to Department of Transportation. All voted Aye. So voted.
Motion made by James J. Spearman seconded by William J. Hall that meeting be adjourned. All voted Aye. So voted.
Meeting adjourned at 8:42 p.m.
__________________________
Roberta H. Johnson, CMC
Town Clerk
SPECIAL
TOWN COUNCIL MEETING
May 19, 2003
Present:
Gregory Laboissonniere, Frank Hyde, Ronald S. Wood, William J. Hall,
James J. Spearman
Town Manager –
Francis A. Frobel
Town Solicitor – Paul K.
Sprague, Esq. Absent
Pledge of Allegiance led by
Town Sergeant, John Sullivan.
Councilman Spearman requested moment of silence in honor of Representative
Steven Anderson, who passed away May 15, 2003.
Motion
made by Councilman Hall seconded by Councilman Spearman to reserve a page in the
Council Minutes in honor of Representative Anderson.
All voted Aye. So voted.
Emergency
Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Resolution Appointing Two Members to the Board of Assessment Review
Motion made by James Spearman seconded by William Hall that resolution be
tabled. All voted Aye. So
voted.
******
Resolution #41-03-2240 Appointing Three Members to the Zoning Board of
Review
Motion made by James Spearman seconded by William Hall that Robert Crowe be reappointed to the Zoning Board of Review as a full member and Russell Lacaillade be reappointed as an alternate member. All voted Aye. So voted.
RESOLUTION
OF THE
TOWN COUNCIL
NO.
___41-03-2240_______
RESOLUTION OF THE TOWN
OF COVENTRY, STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, APPOINTING THREE
(3) MEMBERS TO THE COVENTRY ZONING BOARD OF REVIEW
WHEREAS the Town
Charter, Section 13.21 of the Town of Coventry, requires that there be a Zoning
Board of Review consisting of five (5) members, serving for five (5) year
staggered terms of office and two (2) alternate members serving for a one (1)
year term of office.
WHEREAS,
three vacancies currently exist on the Zoning Board of Review.
NOW, THEREFORE, BE IT
RESOLVED that the Town Council of the Town of Coventry hereby appoints:
_______Robert Crowe,
2 Deer Run_
member
with term of office
expiring May 31, 2007; and
Russell Lacaillade, 1438 Main Street
and
-----------------
as alternate members with
terms of office expiring May 31, 2004.
PASSED AND ADOPTED
this 19th
day of May
, 2003.
APPROVED ______Ronald S.Wood_______________
ATTEST:_Cheryl A. George
Deputy Town Clerk
Resolution #42-03-2241 reappointing one Member to the Coventry Housing
Authority
Motion made by Gregory Laboissonniere seconded by James Spearman that
Harold Trafford, Jr. be reappointed to the Coventry Housing Authority. All voted
Aye. So voted.
OF
THE
TOWN
COUNCIL
NO._____42-03-2241________
RESOLUTION OF THE TOWN
OF COVENTRY, STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, APPOINTING ONE
(1)
MEMBER TO THE COVENTRY
HOUSING AUTHORITY
WHEREAS the Town
Council appoints members to the Coventry Housing Authority for a term of five
(5) years.
WHEREAS, a vacancy has occurred due to the expiration of one term of office.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. That Harold
Trafford, Jr.
is
hereby appointed to fill the five year term of office, expiring May 1, 2008.
Section 2.
Any action contemplated herewith that may be in contravention with
Council action previously adopted be, and the same is hereby repealed.
PASSED AND ADOPTED
this 19th day
of May
, 2003.
APPROVED _
Ronald S. Wood
President
ATTEST:
Cheryl A. George
Deputy Town Clerk
Resolution #43-03-2242 appointing
one member to the Library Board of Trustees
Motion
made by Frank Hyde seconded by William Hall that Colleen Duffy-Golec be
appointed to the Library Board of Trustees.
All voted Aye. So voted.
RESOLUTION
OF
THE
TOWN
COUNCIL
NO.
__43-03-2242_____
RESOLUTION OF THE TOWN
OF COVENTRY, STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, APPOINTING ONE
MEMBER TO THE COVENTRY LIBRARY BOARD OF TRUSTEES .
WHEREAS the Ordinance
establishing the Coventry Public Library requires a Board of Trustees consisting
of seven (7) members to be appointed for three (3) year staggered terms of
office, and
WHEREAS, there now exists one vacant term of office.
NOW, THEREFORE, the Town Council of the Town of Coventry hereby appoints the
below listed individual
Colleen Duffy-Golec, 152 Youngs Avenue
to fill a (3)
year term of office, expiring May 1, 2006.
PASSED AND ADOPTED this 19th day
of May
, 2003.
APPROVED______Ronald S. Wood
President
ATTEST______Cheryl
A. George______
Deputy Town Clerk
Resolution #44-03-2243
Appointing Two Members to the Planning Commission
Motion made by William Hall seconded by James Spearman that Betty Jane
Owen be reappointed and George Caldow be appointed to the Coventry Planning
Commission. All voted Aye.
So voted.
RESOLUTION
TOWN
COUNCIL
NO.
44-03-2243_____
RESOLUTION OF THE TOWN
OF COVENTRY, STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, APPOINTING THREE
(3) MEMBERS TO THE PLANNING COMMISSION IN ACCORDANCE WITH ORDINANCE NO.
8-73-0008.
WHEREAS Ordinance No.
8-73-0008, Section 2, requires that there be a Planning Commission consisting of
nine (9) members for five (5) year staggered terms of office.
WHEREAS, there now
exists three vacancies on the Coventry Planning Commission.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. That the Town
Council of the Town of Coventry hereby appoints the below listed individuals
Betty Jane Owen, 43 Northup Plat Rd and
George D. Caldow, 62 Lakeside Drive
to
terms of office expiring May 1, 2008.
Section 2. Any action contemplated herewith that may be in contravention
with Council action previously adopted be, and the same is hereby repealed.
PASSED AND ADOPTED this 19th day of May_,
2003.
APPROVED ___Ronald S. Wood
President
ATTEST:
____Cheryl A. Georg
Deputy Town Clerk
Resolution # 45-03-2244 appointing
moderator for Financial Town Meeting
Motion
made by Gregory Laboissonniere seconded by Frank Hyde that Edward Inman III be
appointed Moderator for the Financial Town Meeting.
All voted Aye. So voted.
RESOLUTION
OF
THE
TOWN
COUNCIL
NO._______45-03-2244_________
RESOLUTION OF THE TOWN OF COVENTRY, STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, APPOINTING MODERATOR FOR THE ANNUAL FINANCIAL TOWN MEETING TO BE HELD ON JUNE 10, 2003
SECTION
1. The Town Council of the Town of
Coventry hereby
appoints
Edward
Inman, III
, Moderator, for
the Annual
Financial
Town Meeting to be held at 7:00 p.m. on June 10, 2003 in accordance
with
the provisions of Chapter 9, Section 2 of the Public Laws of Rhode Island
approved May 25, 1958.
SECTION 2. That any action contemplated herewith that may be in contravention with Council action previously adopted be, and the same is hereby repealed.
PASSED
AND ADOPTED this 19th
day of May
, 2003.
APPROVED
______Ronald S. Wood________
President
ATTEST____Cheryl
A. George_______________
Deputy
Town Clerk
Motion made by James Spearman seconded by
William Hall that council meeting be adjourned.
All voted Aye. So voted.
Meeting
adjourned 8:13 p.m.
/s/
Cheryl A. George
Cheryl A. George
Deputy Town Clerk
PER ORDER OF
THE COVENTRY TOWN COUNCIL
ON
MAY 19, 2003
THIS PAGE IS
RESERVED IN MEMORY OF THE
TOWN COUNCIL MEETING
May 12, 2003
PRESENT: Gregory Labossonniere, Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Paul K. Sprague, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by James J. Spearman seconded by William J. Hall to remove from the table Acceptance and Approval of minutes of April 28, 2003. All voted Aye. So voted.
Motion made by James J. Spearman seconded by William J. Hall that minutes of April 14 and 28, 2003 be accepted and approved as presented. All voted Aye. So voted.
Certificate of Recognition for National Nursing Home Week read by Town Clerk.
Motion made by William J. Hall seconded by Frank Hyde to remove item #5 Resolution Regarding Contract with AMGEN from the Consent Agenda. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman to table resolution per Mr. Frobel contract will not be ready until next regularly schedule meeting. All voted Aye. So voted.
Motion made by James J. Spearman seconded by Frank Hyde that items #1-4 on Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Tax Abatements for Month of April 2003 Totaling $6,659.03
(See Page 456A)
2. Application for One Day Flea Market License by St. Matthias Church, 1365 Nooseneck Hill Road
3. Resolution Awarding Contract for Summer Recreation Bus Schedule
4. Resolution Establishing Summer Schedule for Town Council Meetings
5. Removed.
Resolution No. 38-03-2236 Awarding Contract for Summer Recreation Bus Transportation
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 38-03-2236
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Section 2-148 of the Town Code of Ordinances to provide bus transportation for the 2003 Summer Recreation Program Bus Transportation.
Vendor
FIRST STUDENT TRANSPORTATION, INC.
112 Galloway Street
Warwick, RI 02886
(See Attached Schedule)
Funding is provided for in the 2003/2004 Department of Parks and Recreation General Operating Fund.
PASSED AND ADOPTED this 12th day of May 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 39-03-2237 Establishing Summer Schedule for Town Council Meetings
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 39-03-2237
RESOLVED:
That the summer schedule for the Town Council meetings shall be as follows:
June 9 & 23, July 28 and August 25, 2003.
PASSED AND ADOPTED this 12th day of May 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
*******
Resolution Regarding Contract with AMGEN
Motion made by William J. Hall seconded by James J. Spearman to table resolution per Mr. Frobel contract will not be ready until next regularly schedule meeting. All voted Aye. So voted.
Applications for Private Detective License Renewals for Mark Giannattasio and Timothy P. McNeely
Motion made by Gregory Labossonniere seconded by James J. Spearman that both license renewals be granted. All voted Aye. So voted.
Applications for Pool Table License Renewals
1. Kim Holly’s, Inc., d/b/a Kim Holly’s, 17 Sandy Bottom Road
2. VFW Post #9404, 29 South Main Street
3. Washington Tap, Inc., d/b/a Bim’s Place, 1152 Main Street
4. Harris Bar & Grille, 666 Main Street
Motion made by James J. Spearman seconded by William J. Hall that four above license renewals be granted. All voted Aye. So voted.
Applications for Mechanical & Electronic Amusement Device License Renewals
1. Club Joques, 184 Boston Street
2. H&N Enterprise, d/b/a Village Pub, 1128 Main Street
3. Star Brite Laundromat, Inc., 1612 Nooseneck Hill Road
4. Venus Pizza, Inc., 2089 Nooseneck Hill Road
5. VFW Post #9404, 29 South Main Street,
Motion made by William J. Hall seconded by James J. Spearman that five above license renewals be granted. All voted Aye. So voted.
Application for Peddler and Sunday Sales Licenses by Robert E. Gieck d/b/a Rabbit’s Patch Location: 507 Tiogue Avenue
Application for Peddler and Sunday Sales Licenses by James T. Zuleger d/b/a Plainview Farms Farmer Market Location: 507 Tiogue Avenue
Both applicants were present.
Mr. Gieck stated that he was applying for license to sell strictly fruits, vegetables and flowers and he informed Council that he was not in partnership with anyone.
Brent Narkawicz, Town Planner reviewed history of applicant and stated site maintenance was better than in the past; but could still be maintained in better condition. He advised Council that applicant had been operating without a license from approximately 2-3 weeks. Mr. Narkawicz recommended against granting one year license.
Discussion held.
Mr. Zuleger stated he was out of town at Easter and Mr. Gieck picked up previously granted peddler license on his behalf and without his permission. They were former partners.
Further discussion held.
Solicitor Sprague advised Mr. Zuleger that based on both applicants histories the town would be well within their rights to deny both applicants a license.
Motion made by James J. Spearman seconded by Frank Hyde to table both applications until clarification by property owner regarding property lease.
Vote taken: Gregory Laboissonniere, Frank Hyde, Ronald S. Wood and James J. Spearman all voted Aye. William J. Hall voted Nay.
Application for Peddler and Sunday Sales Licenses by James Dalton Location: Rt. 117 Across from Little Rhody Machine Shop
Applicant was present and stated resided at Five Forest Street, Coventry.
President Wood reviewd the Zoning Officer’s concerns with Mr. Dalton.
Mr. Dalton advised Council of the following: that he had previously applied for this same license before in 1999; cart would be located on state road in the street and he had permission from the state; cart would be stored at his garage at Five Forest Street; and that he was requesting a one year license--would be operating now thru November and returning in March weather permitting.
Motion made by James J. Spearman seconded by William J. Hall one year peddler and Sunday Sales licenses be granted subject to State approval on file in Clerk’s Office. All voted Aye. So voted.
P U B L I C H E A R I N G S
Application by Trailside Marina, Inc., 19 Indian Trail for New Filling Station License and Sunday Sales License
Applicant, Donna Rosenfield was present and stated live at 12 Russell Circle and that my parents live at 18 Indian Trail. She stated that she had cleaned up the property--previously licensed to Sun & Fun Marina.
President Wood advised applicant of Zoning Officer’s concerns.
Ms. Rosenfield stated that not going to increase parking area.
No one for or against granting of two new licenses.
Motion made by William J. Hall seconded by James Spearman to close public hearing. All voted Aye. So voted.
Motion made by Greg Laboissonniere seconded by James J. Spearman that two new license be granted. All voted Aye. So voted.
*******
Applications for Second Hand License Renewals
1. D’s Walk In Closet, Donna R. Covill, 470 Washington Street
2. Little Pumpkins, Cynthia A. Sullivan, 759 Tiogue Avenue
3. Sonnets, Patricia A. Loader-Mooney, 572 Tiogue Avenue
No one for or against granting of three above listed license renewals.
Motion made by James J. Spearman seconded by Frank Hyde to close the public hearing. All voted Aye. So voted.
Motion made by William J. Hall seconded by Frank Hyde that license renewals be granted. All voted Aye. So voted.
*******
Application by Capozzi’s Auto Salvage & Salvage, Inc., 2011 New London Turnpike for Auto Salvage License Renewal
Applicant, Mr. Capozzi was present.
No one spoke for or against granting of license renewal.
Motion made by James J. Spearman seconded by William J. Hall to close public hearing. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman that license renewal be granted subject to existing conditions. All voted Aye. So voted.
Applications for Two New Auto Salvage Licenses--Change of Ownership Status
1. John L. Carlos d/b/a A. Carlos & Son’s Auto Salvage, 625 Hope Furnace Road (Father to Son)
Applicant, John Carlos was present and stated nothing has changed except for ownership.
No one for or against granting of license renewal.
Motion made by William J. Hall seconded by James J. Spearman to close public hearing. All voted Aye. So voted.
Motion made by Gregory Labossonniere seconded by James J. Spearman that license renewal be granted subject to existing conditions. All voted Aye. So voted.
2. Frank Strembecki, III d/b/a Frank Strembecki and Son; Towing and Auto Salvage, LLC, 285 Read School House Road (Individual to LLC)
Applicant, Frank Strembecki, 275 Read School House Road was present and Steven Murray, Esq. represented LLC.
Mr. Murray stated originally establishment was run as a junk yard auto salvage place run by Frank Strembecki established LLC to keep track of books/accounting records and this was just a license transfer going from individual to LLC.
Solicitor Sprague advised this is a new license application not a transfer. He further stated rules are different when new application as opposed to renewal.
Richard G. Houle, Read School House Road spoke against granting of license.
He referred to Mr. Frobel’s letter dated year 2002 stating no territorial expansion. Mr. Houle informed Council has yet another set of photos third year we’ve been here. The fence hasn’t been cleared up yet and three years not gone to court. Solicitor Sprague advised that this is a civil matter.
Discussion held regarding expansion.
Pearle Strembecki, 285 Read School House Road spoke in favor of license. We put up fence he pulled down. Same amount of cars--no expansion.
President Wood stated there were no complaints filed in the past year.
Further discussion held regarding original foot print of the property.
Town Planner, Brent Narkawicz stated there has been no expansion in past year.
Mr. Strembecki stated as soon as fence dispute resolved I’ll put the fence up and he also stated no whole cars stacked.
Nancy Imondi, 385 Read School House Road--Trailer has truck sitting on top of it. I can see it from back of my property. Every year new people, no continuity. She stated has been expansion on Mr. Houle’s property and she requested council members to take a look at site.
Motion made by William J. Hall seconded by James J. Spearman that public hearing be closed. All voted Aye. So voted.
Motion made by Gregory Labossonniere seconded by William J. Hall to continue for one month. All voted Aye. So voted.
Decree of Abandonment Regarding Portion of Lydia Road
Motion made by William J. Hall seconded by James J. Spearman that decree of abandonment regarding portion of Lydia Road be entered into the record. All voted Aye. So voted.
*******
Recessed at 9:30 p.m.
Reconvened at 9:37 p.m.
Resolution No. 40-03-2238 Adopting Town Manager’s Proposed FY 2003-2204 Municipal Budget
Mr. Frobel reviewed changes made since he presented to Town Council in April.
Motion made by William J. Hall seconded by James J. Spearman that resolution be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 40-03-2238
RESOLVED:
That the Town Council hereby accepts and amends the Town Manager’s Proposed General Budget and recommends to the Financial Town Meeting the following actions:
SECTION I. That $16,253,315 be appropriated from tax revenues, federal
and state aid and other revenues for the operation of the Municipal
Government and set forth in Exhibit "A" which is attached.
SECTION II. That $32,663,380 be appropriated from tax revenues for the
operation of the School Department. These funds shall supplement state aid to education grants and other school revenues to provide an operating budget of $53,845,272 .
SECTION III. That $3,998,642 in tax revenues, interest earnings, and state aid be appropriated for the retirement of principal and interest on outstanding bonded indebtedness.
PASSED AND ADOPTED this 12th day of May 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Motion made by James J. Spearman seconded by Gregory Labossonniere that meeting be adjourned. All voted Aye. So voted.
Meeting adjourned at 9:42 p.m.
/s/ Roberta H. Johnson, CMC
Roberta H. Johnson, CMC
Town Clerk
TOWN COUNCIL MEETING
April 28, 2003
PRESENT: Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Paul K. Sprague, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Reverend Reinaldo Cardoso.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Former Representative Richard Fleury swore-in Councilman Gregory Laboissonniere, representing District #2 to fill unexpired term of Kenneth R. DaSilva.
Recessed at 8:10 p.m. for refreshments.
Reconvened at 8:32 p.m.
Motion made by William J. Hall seconded by James J. Spearman that minutes for January 27 and March 24, 2003 be accepted and approved as presented and that minutes for April 14, 2003 be tabled for correction. All voted Aye. So voted.
Motion made by James J. Spearman seconded by Frank Hyde that Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Resolution Authorizing Submittal of Community Development Black Grant (CDBG) Application
2. Resolution Supporting Statewide Public Safety Training Facility
3. Resolution Urging the General Assembly to Authorize Issuance of a "Police Chief Emeritus" License Plate
4. Resolution Establishing Regional SWAT Team
5. Resolution Canceling May 26, 2003 Town Council Meeting
6. Resolution Regarding Memorandum of Understanding with AMGEN
Resolution No. 32-03-2230 Authorizing Submittal of Community Development Block Grant (CDBG) Application
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 32-03-2230
WHEREAS, funds are available under the Rhode Island Small Cities Community Development Block Grant program, administered by the Community Development office; and,
WHEREAS, the Governor of the State of Rhode Island has authorized the Director of said Community Development office to disburse such funds; and,
WHEREAS, it is in the interest of the citizens of the Town of Coventry that application be made to undertake a Small Cities Community Development Program.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF COVENTRY, that the filing of this application for the amount of $500,000 to implement the activities proposed herein hereby authorized and that the Town Manager is hereby authorized and directed to file this application with the Community Development office, to provide any additional information or documents required by said office, to make any assurances required in connection with this program, to execute an agreement with the State of Rhode Island and to otherwise act as the Representative of the Town of Coventry in all matters relating to this application and any award which may be based upon this application.
PASSED AND ADOPTED this 28th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 33-03-2231 Supporting Statewide Public Safety Training Facility
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 33-03-2231
WHEREAS, the proper training of police officers is of paramount concern to the public; and,
WHEREAS, training should be given in a consistent and continuous fashion; and,
WHEREAS, firearms training and qualification can be dangerous if not performed in a safe and secure location; and
WHEREAS, the Town of Coventry and other Rhode Island communities have need for proper weapons training and qualification facilities, not in proximity to residential areas.
NOW, THEREFORE, BE IT RESOLVED, that the State of Rhode Island is requested to undertake the construction of a weapons training facility to be used by all police agencies-State and Local alike; and,
BE IT FURTHER RESOLVED, that this Resolution be forwarded to all other local governments requesting their support for a unified training facility
and that they contact their State representatives and the Governor asking for their support in this effort.
PASSED AND ADOPTED this 28th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 34-03-2232 Urging General Assembly to Authorize Issuance of a "Police Chief Emeritus" License Plate (Roger Laliberte)
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 34-03-2232
WHEREAS, Roger J. Laliberte was employed as a police officer of the Town of
Coventry for thirty-one (31) years; and
WHEREAS, he served in various capacities in the Coventry Police Department including Patrolman, Patrol Division Commander, Detective Captain; and
WHEREAS, he served as Chief of Police for eleven (11) years; and
WHEREAS, he retired from the Coventry Police Department on July 27, 2001.
BE IT RESOLVED, that the Town Council of the Town of Coventry urges the General Assembly to authorize the issuance of a "Police Chief Emeritus" license plate to
Roger J. Laliberte.
PASSED AND ADOPTED this 28th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 35-03-2233 Establishing Regional SWAT Team
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 35-03-2233
WHEREAS, the joint exercise and enjoyment of law enforcement powers and authority is specifically authorized by Chapter 40.1 of Title 45 of the General Laws of Rhode Island, entitled "Interlocal Contracting and Joint Enterprises; and
WHEREAS, Chapter 42 of Title 45 of the General Laws of Rhode Island empowers law enforcement officers to exercise their powers outside of their normal jurisdiction when a request for assistance is forthcoming from another law enforcement agency; and
WHEREAS, the governing bodies of the undersigned counties and municipalities, hereinafter denominated as "signatories", have determined that it is the public interest and of mutual advantage to enter into an agreement for the provision of inter-agency police services;
NOW THEREFORE, pursuant to the above considerations, and the covenants and mutual benefits herein expressed, the parties hereby agree as follows:
I. PURPOSE
It is the intent of the signatories to secure through the mechanisms hereby created:
A. More efficient utilization of police services and resources;
B. An enhanced degree of cooperation between law enforcement agencies within the participating communities;
C. More timely and effective response to calls for specialized police assistance;
D. Adequate manpower levels of highly trained law enforcement officers to resolve crisis and high risk situations.
II. DURATION
This agreement will take effect between and among those signatories that are party to it upon execution by their respective governing bodies; and will remain in full force and effect for each and every signatory until the governing body of any one or more signatory(ies) notifies the governing body(ies) of each and every other signatory of their withdrawal in writing. It is specifically understood and agreed by and among the signatories that the withdrawal of any one or more parties does not work a nullification of this agreement, nor otherwise require its redrafting or re-execution.
PASSED AND ADOPTED this 28th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 36-03-2234 Canceling May 26, 2003 Town Council Meeting
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 36-03-2234
RESOLVED:
That the Town Council meeting scheduled for May 26, 2003 has been canceled.
PASSED AND ADOPTED this 28th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution #37-03-2235 Regarding Memorandum of Understanding with AMGEN
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 37-03-2235
BE IT RESOLVED by the Town Council of the Town of Coventry that the Town Manager is hereby authorized to execute a "Memorandum of Understanding" on behalf of the Town with Immunex, a Delaware Corporation having a facility in West Greenwich, Rhode Island.
Said"Memorandum of Understanding" shall outline the terms and conditions for the financing, construction and use of certain wastewater infrastructure designed to treat the facility’s wastewater needs.
PASSED AND ADOPTED this 28th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
*******
Application for Launderette License Renewal by Star Brite Laundromat II, Inc., 1612 Nooseneck Hill Road
Motion made by James J. Spearman seconded by William J. Hall that license renewal be granted. All voted Aye. So voted.
Application for New Sunday Sales License by Adap, Inc., d/b/a Auto Zone #3231, 801 Tiogue Avenue
Motion made by William J. Hall seconded by James J. Spearman that new license be granted. All voted Aye. So voted.
Application for Exhibitions and Performances License for June 19-22, 2003 and Fireworks Permit on June 19 & 20, 2003 at 1650 Flat River Road for the 2nd Annual "Pride Carnival"
Mark Cagle and James Kuipers were present. Motion made by Gregory Laboissonniere seconded by James J. Spearman that licenses be granted and all fees waived. All voted Aye. So voted.
*******
Citizen’s Participation was held at 8:40 p.m.
*******
Motion made by William J. Hall seconded by James J. Spearman to go into Executive Session at 9:04 p.m. for the following purpose: Pertaining to Land Acquisition and Investment of Public Funds. This action is taken pursuant to R.I.G.L. 42-46-5. (a)
( 5 & 7) Roll call vote. Motion carries unanimously.
Motion made by James J. Spearman seconded by William J. Hall come out of Executive Session at 9:46 p.m. Roll call vote. Motion carries unanimously.
Motion made by William J. Hall seconded by James J. Spearman to seal minutes of Executive Session. Voice vote. Motion carries unanimously.
Motion made by James J. Spearman seconded by William J. Hall that meeting be adjourned. All voted Aye. So voted.
Meeting adjourned at 9:47 p.m.
/s/ Roberta H. Johnson, CMC
Town Clerk
TOWN COUNCIL MEETING
April 14, 2003
PRESENT: Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Paul K. Sprague, Esq.
Pledge of Allegiance led by Boy Scouts Troop 1.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Town Sergeant, John Sullivan.
Motion made by William J. Hall seconded by Frank Hyde to remove item #4 Resolution Authorizing Town Manager to Execute "Memorandum of Understanding" with Immunex from the Consent Agenda for discussion. All voted Aye. So voted.
Motion made by James J. Spearman seconded by William J. Hall that items #1-3 and #5-9 on Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Tax Abatements for Month of March 2003 in the Amount of $5,432.01
2. Resolution Regarding Changes to Minutes of September 23, 2002
3. Resolution Releasing Remaining Subdivision Bond for "Central City North"
4. Removed.
5. Resolution Awarding Purchase of Refuse Truck
6. Resolution Awarding Purchase of Recycling Truck Chassis
7. Resolution Awarding Purchase of Recycling Truck Body
8. Resolution Offering Support for Senate Bill 2003 S-0752 Regarding "Rhode Island Development Impact Fee Act"
9. Resolution Awarding Purchase of Police Mobile Data Sytems Upgrade
Resolution No. 24-03-2222 Regarding Changes to Minutes of September 23, 2002
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 24-03-2222
RESOLVED:
That the Town Council Minutes adopted and approved for the meeting held on September 23, 2002 are hereby corrected as follows:
Resolution #88-02-2188 Amending Coventry’s Wastewater Facility Plan replaces the original resolution adopting the plan (Council Records Book 31 Page 400.)
PASSED AND ADOPTED this 14th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 25-03-2223 Releasing Remaining Subdivision Bond for "Central City North"
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 25-03-2223
RESOLVED:
That the Town Council of the Town of Coventry hereby releases in full the bond currently held for certain improvements in Central City North extension of Haywood Road.
This action is taken upon the recommendation of the Town Engineer.
PASSED AND ADOPTED this 14th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 26-03-2224 Awarding Purchase of Refuse Truck
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 26-03-2224
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the purchase of the following equipment for the Department of Public Works.
Vendor
ALTRUI BROTHERS TRUCK SALES, INC. $99,791.00
1100 Warren Avenue
East Providence, RI 02914
Crane Carrier Co. LD2-30 Cab and Chassis
(Per specifications)
C.N. WOOD COMPANY, INC. $49,810.00
200 Merrimac Street
Woburn, MA 01801
Labrie Equipment Expert 2000 Refuse Body
(Per specifications)
Funding is provided for in the 2002/2003 Department of Public Works Capital Improvement Program.
PASSED AND ADOPTED this 14th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 27-03-2225 Awarding Purchase of Recycling Truck Chassis
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 27-03-2225
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the purchase of the following equipment for the Department of Public Works.
Vendor
ALTRUI BROTHERS TRUCK SALES, INC. $91,215.00
1100 Warren Avenue
East Providence, RI 02914
Crane Carrier Co. LET2-30 Recycling Chassis
(Per specifications)
Funding is provided for in the 2002/2003 Department of Public Works Capital Improvement Program.
PASSED AND ADOPTED this 14th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 28-03-2226 Awarding Contract for Recycling Truck Body
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 28-03-2226
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the purchase of the following equipment for the Department of Public Works.
Vendor
METROPOLITAN WASTE EQUIPMENT COMPANY $38,319.00
1074 Turnpike Street
Stoughton, MA 02072
GS Products Recycling Truck Body
(Per specifications)
Funding is provided for in the 2002/2003 Department of Public Works Capital Improvement Program.
PASSED AND ADOPTED this 14th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution #29-03-2227 Supporting Senate Bill 2003 S-0752 Regarding "Rhode Island Development Impact Fee Act"
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 29-03-2227
WHEREAS: Senators Leonidas Raptakis, Leo Blais and others have cosponsored Senate Bill 2003 S-0752 that seeks to amend Chapter 45-22.4 of the RI General Laws, entitle "Rhode Island Development Impact Fee Act" and
WHEREAS: them amendment would allow cities and towns to assess an impact fee for the impact on education resulting from low and moderate income housing construction; and
WHEREAS: due to a school housing crisis, in 1999, the taxpayers of Town of Coventry approved a $34,000,000 school construction bond, and
WHEREAS: while the Town of Coventry embraces the need for affordable housing, it also embraces the need for fair share development,
NOW THEREFORE BE IT RESOLVED: that we, the Coventry Town Council express it’s support for 2003 S-0752 and requests the Town’s Delegation to strive for it’s passage.
BE IT FURTHER RESOLVED: that we, the Coventry Town Council direct the Town Clerk to forward a copy of this resolution to each of Coventry’s eight State Delegation members.
SUBMITTED BY: /s/ William J. Hall Date 4-7-03
PASSED AND ADOPTED this 14th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 30-03-2228 Awarding Purchase of Police Mobile Data System Upgrades
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 30-03-2228
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the Police mobile data system upgrades for the Police Department as outlined in the bid proposal.
Vendor
UNIVERSAL ELECTRONICS $27,146.04
345 Frost Street
Fall River, Massachusetts 02721-4803
Funding is provided for by the Self-Insurance Reserve Fund.
PASSED AND ADOPTED this 14th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
*******
Resolution No. 31-03-2229 Authorizing Town Manager to Execute "Memorandum of Understanding" with Immunex (Amgen).
Motion made by William J. Hall seconded by Frank Hyde that resolution be adopted.
Councilman Hall explained that Amgen and Immunex are one in the same and that this is the this first step in a lenghty process. He also took opportunity to publicly thank Senator Breene, Governor Carcieri, Staff Members and fellow Councilman for their efforts and support.
Vote taken on passage of resolution. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 31-03-2229
BE IT RESOLVED by the Town Council of the Town of Coventry that the Town Manager is hereby authorized to execute a "Memorandum of Understanding" on behalf of the Town with Immunex, a Delaware Corporation having a facility in West Greenwich, Rhode Island.
Said "Memorandum of Understanding" shall outline the terms and conditions for the financing, construction and use of certain wastewater infrastructure designed to treat the facility’s wastewater needs.
PASSED AND ADOPTED this 14th day of April 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Application for 60 Day Peddler License and Sunday Sales License Renewal by Warren J. Phillippi, 47 Sandy Bottom Road, Midtown Square
Motion made by James J. Spearman seconded by Frank Hyde that license renewals be granted. All voted Aye. So voted.
Application for New Victualling License by Hampton Inn, 850 Centre of New England Boulevard
Assistant Manager, David Hazel was present.
Motion made by William J. Hall seconded by James J. Spearman that new license be granted. All voted Aye. So voted.
P U B L I C H E A R I N G (Continued from March 10, 2003)
Ordinance No. 03-03-0237 Amending Zoning Ordinance Article 14--Land Development Projects
Mr. Frobel updated Town Council on proposed amendments before them tonight. He stated the amendments incorporated public comment from previous public hearing.
Town Planner, Brent Narkawicz reviewed his memo entitled Proposed Zoning Ordinance Changes Related to Land Development Projects (Revised April 9, 2003)
Memo placed on file.
President Wood questioned if the Planning Commission had reviewed Mr. Narkawicz’s April 9th changes and Mr. Narkawicz responded that the changes are consistent with the Planning Commission’s former recommendation. Planning Commission’s recommendation dated October 4, 2002 placed on file.
The following citizens spoke in favor of ordinance amendment adoption:
1. Thomas Romano, Esq., of Blish & Cavanagh was present on behalf of Citizens Reliance for Responsible Development. My client would like to see the Town Council pass this ordinance amendment. The Proposed changes give oversight previously lacking with regards to the business park floating zone particularly changing multi-family dwelling projects from a permitted use to special use permit before the Zoning Board. These types of projects still need some stronger avenues for review.
2. George Caldo, 62 Lakeside Drive--Mr. Narkawicz has incorporated most of my suggestions and he has addressed most of my concerns and I support this ordinance amendment as drafted. I have two comments. I agree with Attorney Romano would like wording strengthen with regards to Article 2: Definitions. Density regulations Section 1440 A. were not in original version. Questioned what the reason and rationale for these provisions was. Normally use these types of density increases as bonuses or incentives to a developer and they are limited to 5-10%. Concerned with Comprehensive Permit Idea provisions as written. Suggest approval of 1440 A. be withheld and would like reasoning for it. He also pointed out two statutory requirements with regards to any building permit be consistent with the Comprehensive Plan and the Zoning Ordinance.
Solicitor Spgrague--my understanding that the underlying zoning district provide a bench mark for any bonuses.
Mr. Narkawicz--real intent behind Article 1440 is to give the Planning Commission some ability to understand how they should look at a land development project. Trying to open door for more creative types of design and development in the Town of Coventry.
No one spoke against adoption of zoning ordinance amendment.
Motion made by William J. Hall seconded by James J. Spearman to close public hearing. No further discussion. All voted Aye. So voted.
Motion made by William J. Hall seconded by Frank Hyde to adopt ordinance with amendments presented this evening.
Councilman Hall questioned proposed changes of April 9, 2003 memo page 1, Section 1. Changes to Article 2: Definitions--word approved, changed to reviewed.
Further discussion held. Mr. Narkawicz felt Mr. Caldo’s recommended wording "shall be reviewed and may be approved" to be redundant.
Motion made by William J. Hall seconded by James J. Spearman to amend original motion with regards to Changes to Article 2: Definitions to read as follows: Land Development Projects within a Business Park district shall be reviewed and may be approved by the Planning Commission in accordance with the Coventry Subdivision and Land Development Regulations .
Original motion and second were withdrawn.
Vote taken on amended motion to adopt zoning ordinance amendment as amended. All voted Aye. So voted.
Complete ordinance amendment placed on file.
*******
Motion made by William J. Hall seconded by James J. Spearmnan to go into executive session for the following purpose: Land Acquisition. This action is taken pursuant to R.I.G.L. 42-46-5. (a) (5) Roll call vote. Motion carries unanimously.
Motion made by James J. Spearman seconded by William J. Hall to come out of Executive Session at 9:25 p.m. Roll call vote. Motion carries unanimously.
Motion made by William J. Hall seconded by Frank Hyde to seal minutes of Executive Session. Voice vote. Motion carries unanimously.
Regular meeting adjourned at 9:40 p.m.
/s/ Roberta H. Johnson, CMC
Town Clerk
TOWN COUNCIL MEETING
March 24, 2003
PRESENT: Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Paul K. Sprague, Esq.
Pledge of Allegiance led by Councilman Hyde.
Moment of silence was held for our military personnel who lost their lives in the was against Iraq.
Invocation led by Councilman Hall.
Emergency Evacuation Plan was explained and administered by Councilman Hall.
Motion made by James J. Spearman seconded by William J. Hall that Consent Agenda be accepted and approved as presented. All voted Aye. So voted.
CONSENT AGENDA
1. Resolution Awarding Contract for Paine Field Basketball Court/Skate Park Construction
2. Resolution Regarding Gervais Street Drainage Easement
Resolution No. 21-03-2219 Awarding Contract for Paine Field Basketball Court/Skate Park Construction
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 21-03-2219
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for construction of a basketball court/skate park Paine Field for the Department of Parks and Recreation.
Vendor
CAPE AND ISLAND TENNIS AND TRACK CORPORATION $51,425.00
28 Commerce Park Road
Pocasset, Massachusetts 02559
Funding is charged to the Fair Share Development Reserve Fund (Parks and Recreation) and the 2003/2004 Capital Improvement Budget.
PASSED AND ADOPTED this 24th day of March 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 22-03-2220 Regarding Gervais Street Drainage Easement
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 22-03-2220
RESOLVED, that the Petition of FREDERICK D. McGEE and CLAIRE R. McGEE, requesting the abandonment of drainage easement to the Town of Coventry is hereby granted on the basis that the drainage easement in Book 78 at Page 830 does not describe the exact location of the drainage pipes as they exist.
The TOWN OF COVENTRY hereby abandons said easement recorded in Book 78 at Page 830 and releases to FREDERICK D. McGEE and CLAIRE R. McGEE all of its right, title, and interest in said easement as the same is described in said Book 78 at Page 830.
The above is subject to FREDERICK D. McGEE and CLAIRE R. McGEE granting to the Town of Coventry a drainage easement over the adjacent fifteen (15') feet area to the west of the easement described in Book 78 at Page 830 where said drainage pipe is actually located.
PASSED AND ADOPTED this 24th day of March 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
*******
Application for Private Detective License Renewal by Gerald L. MacDonald, Sr.
Motion made William J. Hall seconded by Frank Hyde that license renewal be granted. All voted Aye. So voted.
Application for Peddler License Renewal by Robert B. Sorrell (Scotti’s Ice Cream)
Motion made James J. Spearman seconded by Frank Hyde that license renewal be granted. All voted Aye. So voted.
Application for Exhibitions and Performances License on June 7, 2003 by The Apeiron Institute for Environmental Living, 451 Hammet Road
Motion made by William J. Hall seconded by Frank Hyde that license be granted.
Mr. Brad Hyson, Director of the institute was present and gave a brief overview of the institute and the event (The Second Annual Rhode Island Sustainable Living Festival & Renewable Energy Expo).
Discussion was held with regards to no parking on Hammet Road and Maple Valley Road. Mr. Hyson will contact Major Schmitter at Police Department. Mr. Hyson responded to President Wood’s concerns about noise and amplification as follows: he stated there would only be folk music, no amplification.
Vote taken on granting exhibitions and performances license. All voted Aye. So voted.
Application for 90 Day Peddler License and Sunday Sales License by
James T. Zuleger d/b/a Plainview Farms Farmers Market, 507 Tiogue Avenue
Mr. Zuleger was present. He informed Council that he wanted to sell flowers, plants, vegetables and bunnies.
Discussion was held. There were no violations on file regarding previously issued 30 day peddler license at this location. The consensus of the Council was to grant a 30 peddler license and Sunday Sales license from April 17, 2003 to May 16, 2003. The 30 day period covered Easter and Mother’s Day and that Mr. Zuleger was to meet with the Zoning Officer, Demian Sorrentino prior to issuance of the license.
Motion made by William J. Hall seconded by Frank Hyde that 30 day peddler and Sunday Sales license be granted. All voted Aye. So voted.
P U B L I C H E A R I N G
Ordinance No. 1-03-0235 Amending Code of Ordinances ARTICLE XI - SEWER ASSESSMENT Regarding Residential and Non-Residential Sewer Assessment
Mr. Wayne Asselin, 30 Lorraine Avenue spoke in favor of ordinance passage.
Discussion was held regarding whether or not Coventry would have a Sewer Authority and also discussion regarding sewer assessment of a seven home subdivision on Hopkins Hill Road.
No one spoke against ordinance adoption.
Motion made by James J. Spearman seconded by William J. Hall to close the public hearing. All voted Aye. So voted.
Motion made by James J. Spearman seconded by William J. Hall that ordinance be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RHODE ISLAND
ORDINANCE NO. 1-03-0235
REGULATIONS GOVERNING THE USE OF PUBLIC AND PRIVATE SEWERS
AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND
CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS
AND WASTE INTO THE PUBLIC SEWER SYSTEM; AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF; IN THE TOWN OF COVENTRY,
STATE OF RHODE ISLAND, AND PROVIDENCE PLANTATIONS.
Be it ordained and enacted by the Town Council of the Town of Coventry, State of Rhode Island the following Section shall be amended:
ARTICLE XI - ASSESSMENT
11.1 The Town Council, acting as the "Sewer Authority" shall determine the method and rates of assessment of the cost of public sewers.
Residential Assessments:
Single Family Homes $4,200 per housing unit
Two Family (Duplex) Homes $4,200 per housing unit
Multi-Family Homes, Apartments $4,200 per housing unit
Trailer (Mobile Home) Parks, and first two units, and
Residential Condominiums $2,100 per each additional
housing unit (over two)
Non-Residential Assessments
Minimum Assessment $4,200 per property
Commercial Properties (includes $35 per $1,000 property valuation
Condominiums)
Industrial Properties (includes $35 per $1,000 property valuation
Condominiums)
Hospital, Nursing and Convalescent $2,100 per bed
Homes
All Other Properties (includes Public $35 per $1,000 property valuation
and Quasi-Public Properties)
All assessed funds shall be held in a special revenue account "Town of Coventry Sewer Fund" under the custody of the Treasurer, Town of Coventry. This fund shall be designated for use by the Town of Coventry for sewer related purposes.
EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its passage and all Ordinances or parts of Ordinances inconsistent herewith are hereby repealed.
Duly adopted March 24, 2003.
*******
Motion made by William J. Hall seconded by Frank Hyde to go into Executive Session at 8:44 p.m. for the following purpose: Pertaining to Personnel, Land Acquisition and Investment of Public Funds. This action is taken pursuant to R.I.G.L. 42-46-5. (a) (1, 5 & 7) Roll call vote. Motion carries unanimously.
Motion made by James J. Spearman seconded by Frank Hyde come out of Executive Session at 9:25 p.m. Roll call vote. Motion carries unanimously.
Motion made by William J. Hall seconded by James J. Spearman to seal minutes of Executive Session. Voice vote. Motion carries unanimously.
Resolution No. 23-03-2221 Regarding Purchase of Ramblewood Estates and Maple Root Village Mobile Home Parks
Motion made by James J. Spearman seconded by William J. Hall that resolution be adopted. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 23-03-2221
BE IT RESOLVED by the Town Council that the Town Manager is authorized to provide a loan of up to $1 million to assist the homeowners in the purchase of the Ramblewood Estates and Maple Root Village Parks. Said loan shall be for a period of time and at a rate of interest to be negotiated and shall be funded through a loan from the Horatio N. Waterman Trust Fund.
PASSED AND ADOPTED this 24th day of March 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Motion made by James J. Spearman seconded by William J. Hall that meeting be adjourned. All voted Aye. So voted.
Meeting adjourned at 9:27 p.m.
/s/ Roberta
H. Johnson, CMC
Town Clerk
January 27, 2003
PRESENT: Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Paul K. Sprague, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Motion made by James J. Spearman seconded by Frank Hyde that minutes of January 13, 2003 be accepted and approved as presented. All voted Aye. So voted.
Application for New Private Detective License by Jeanne Baccarie
Applicant was present.
Motion made William J. Hall seconded by James J. Spearman that the new private detective license be granted. All voted Aye. So voted.
Applications for Campground License Renewal
1. Camp Ayoho, Inc., 249 McManus Road
2. Colwells Campground, 119 Peckham Lane
3. Hickory Ridge Campground, 584 Victory Highway
Motion made by James J. Spearman seconded by Frank Hyde that three campground license renewals be granted. All voted Aye. So voted.
Application for Two 90-Day Peddler and Sunday Sales Licenses by James Zuleger for locations at: 507 Tiogue Avenue and 1532 Main Street.
Applicant was present. Mr. Zuleger informed Council members he wanted to sell fruits and vegetables at both locations; as well as Easter and Valentine flowers.
President Wood questioned if he would be selling anything else and
Mr. Zuleger’s response was no.
Town Planner, Brent Narkawicz reviewed past and ongoing concerns with issuance of licenses at both locations. His recommendation was placed on file.
Discussion held.
Motion made by William J. Hall seconded by Frank Hyde to issue a 30 Day Peddler License and Sunday Sales License from February 11, 2003 -- March 10, 2003 for 507 Tiogue Avenue with the following conditions: Selling Flowers Only; Site being cleaned up; and Conditions not being met--license pulled immediately. All voted Aye. So voted.
Further discussion held regarding 1532 Main Street location.
Motion made by William J. Hall seconded by James J. Spearman to table application for 1532 Main Street location until issues discussed tonight are resolved. All voted Aye. So voted.
Resolution #03-03-2201 Reappointing One Member to the Board of Canvassers and Registration
Motion made by William J. Hall seconded by James J. Spearman to reappoint Evelyn Anderson. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 03-03-2201
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
COVENTRY STATE OF RHODE ISLAND APPOINTING ONE
MEMBER TO THE COVENTRY BOARD OF CANVASSERS
AND REGISTRATION.
WHEREAS, the Town Council appoints members to the Coventry Board of
Canvassers and Registration for a term of six (6) years.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Coventry hereby appoints the below listed individual:
Evelyn Anderson, 144 Rathbun Street
for a six year term of office expiring March 1, 2009.
PASSED AND ADOPTED this 27th day of January 2003.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
*******
Resolution #04-03-2202 Reappointing One Member to the Personnel Board
Motion made by William J. Hall seconded by James J. Spearman to reappoint Pasquale Sperlongano for a three year term. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 04-03-2202
RESOLUTION OF THE TOWN OF COVENTRY, STATE OF RHODE
ISLAND AND PROVIDENCE PLANTATIONS APPOINTING ONE (1) MEMBER TO THE COVENTRY PERSONNEL BOARD.
RESOLVED:
That the Town Council hereby appoints one (1) member to the Coventry
Personnel Board with term of office expiring January 10, 2006.
Pasquale Sperlongano, 47 Highwood Drive
PASSED AND ADOPTED this 27th day of January 2003.
APPROVED /s/ Ronald S. Wood
President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
*******
Petition from Boyd Brook Partners Regarding Land Development Project
John A. Pagliarini, Jr. Esq., One James P. Murphy Highway, West Warwick, Rhode Island represented the petitioner, Boyd Brook Partners, LLC. He state petitioning Under Article 14 of the Zoning Ordinance to proceed with a land development project. Under Article 14 mixed use commercial industrial land development projects are permissible. We are proposing an age restricted, gated community with a nine hole public golf course located on Town Farm Road approximately 135 acres.
Mr. George Gifford a professional landscape architect and environmental planner of The Gifford Design Group, Inc. with offices located in Cumberland gave a brief overview of the proposed project. He stated plan is in conceptual state. Mixed use consists of residential multi-family condominium project and commercial consists of nine hole public golf course. Property located on approximately 130 acre parcel on Town Farm Road.
Residential component comprised of 114 condominium land units each containing a single family home for 55 years and older age group. The character we are trying to create is that of a very quaint new england village. Roadway will be a 24 ft. paved surface with sidewalk on one side and grass strip on both sides. Development will be cognizant of the environmental and aesthetic qualities of the wetlands on the property. The commercial and active component of the project, which includes a nine hole golf course, will be located on the west side of the project.
William Miller a partner in Boyd Brook Partners explained in more detail the project.
Further discussion held.
Motion made by James J. Spearman seconded by William J. Hall to refer to Planning Commission for a Preapplication Conference per the Zoning Ordinance Section 1432A.
Presentation Regarding Proposed Route 3 Change of Zone AP 29, Lot 43 Tiogue Avenue from General Business to PUD (Planned Unit Development)
Mr. John Assalone, Four Marion Drive petitioner addressed the Council members. He explained his view of Coventry’s housing; past, present and future. Some people would like to see the proposed area stay as commercial. He submitted that he already has some place else residential for housing and he’s going to see if he can find something having to do with business; public recreation, not a bowling alley for this property. Mr. Assalone requested tabling proposal for property this evening for further research. He further stated that he wasn’t asking for any exemptions or variances.
President Wood clarified with Mr. Assalone the following--no changes in proposal other than location change and current property will not be sold.
Solicitor Sprague advised Councilman Spearman that he could in fact participate because his initial financial interest regarding this matter had been withdrawn.
Councilman Hyde requested clarification from Mr. Assalone that he was moving proposal somewhere else and leaving Tiogue Avenue commercial. Mr. Assalone responded in the affirmative if matter was tabled tonight he would relocate the apartment complex in a residential area and if successful with location of original project will seek alternative commercial use for Tiogue Avenue .
Motion made by William J. Hall seconded by Frank Hyde to table proposal. All voted Aye. So voted.
*******
Motion made by James J. Spearman seconded by William J. Hall that meeting be adjourned. All voted Aye. So voted.
Meeting adjourned at 9:25 p.m.
/s/ Roberta H. Johnson, CMC
Town Clerk
TOWN COUNCIL MEETING
February 10, 2003
PRESENT: Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Paul K. Sprague, Esq.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
President Wood asked for a moment of silence in honor of the seven astronauts aboard the Space Shuttle Columbia and also for the men and women who have given the supreme sacrifice in service to our nation.
President Wood further directed the Clerk to reserve a page in the Council Minutes in honor of the above named men and women.
Motion made by William J. Hall seconded by James J. Spearman that Consent Agenda be accepted and approved. All voted Aye. So voted.
CONSENT AGENDA
1. Tax Abatements for the Month of January 2003 in the Amount of $43,134.86 and Additions in the Amount of $1,813.62
2. Resolution Awarding Contract for Cell Block Construction at the Police Department
3. Resolution Canceling February 24, 2003 Town Council Meeting
Resolution No. 06-03-2204 Awarding Contract for Cell Block Construction at the Police Department.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 06-03-2204
RESOLVED:
That the Town Council hereby affirms the award of a contract by the Town Manager pursuant to Chapter 2, Section 2-191 of the Town Code of Ordinances for the construction of a cell block at the Police Department.
Vendor
VAN NOORDEN COMPANY $54,950.00
10 Liberty Way
Franklin, Massachusetts 02038
Funding is provided for in the 2002/2003 Department of Public Works Capital Improvement Program.
PASSED AND ADOPTED this 10th day of February 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
Resolution No. 07-03-2205 Canceling the February 24, 2003 Town Council Meeting.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 07-03-2205
RESOLVED:
That the Town Council Meeting scheduled for Monday,
February 24, 2003 is canceled.
PASSED AND ADOPTED this 10th day of February 2003.
APPROVED Ronald S. Wood
President
ATTEST: Roberta H. Johnson, CMC
Town Clerk
*******
P U B L I C H E A R I N G
Filling Station License Renewals (Including Sunday Sales for Coventry Shell).
1. DB MARKETING COMPANY, INC. d/b/a DB Mart 764 Tiogue Avenue
2. MURPHY’s MOBIL INC., 2291 Flat River Road
3. TONY’S COVENTRY MARKET, INC., 710 Tiogue Avenue
4. KENYON OIL COMPANY, INC. d/b/a COVENTRY X-TRA MART, 851 Tiogue Avenue
5. CUMBERLAND FARMS, INC./Store #1219/3844, 1600 Nooseneck Hill Road
6. CUMBERLAND FARMS, INC./Store #1214/3838, 785 Tiogue Avenue
7. 1100 MAIN STREET COVENTRY LLC, d/b/a COVENTRY MART, 1100 Main Street (Route 117)
8. CUMBERLAND FARMS, INC./Store #1250/3841, 436 Knotty Oak Road (Route 116)
9. MAPLEROOT GARAGE, INC., 2070 Nooseneck Hill Road
10. TIOGUE AVENUE GETTY, 585 Tiogue Avenue
11. WEL-MART SHELL, 642 Washington Street
12. SUN & FUN MARINA PLUS, INC., 19 Indian Trail Road
13. BJ’S WHOLESALE CLUB, INC., d/b/a BJ’S Gas, 790 Center of New England Boulevard
14. MHW, INC., d/b/a Coventry Shell, 866 Tiogue Avenue
President Wood opened the public hearing and no one spoke for or against granting of fourteen license renewals.
Motion made by William J. Hall seconded by James J. Spearman to close public hearing. All voted Aye. So voted.
Motion made by James J. Spearman seconded by Frank Hyde to grant 14 license renewals and the new Sunday Sales license for Coventry Shell. All voted Aye. So voted.
Request by Hunan Balcony, Inc., d/b/a Hunan Balcony, 687 Washington Street to Change Class B with Victualing License Granted on January 13, 2003 to a Class BV Ltd. Liquor License
Applicant Shou An Pan, 50 Murray Street, Apt. 34 was present with interpreter.
President Wood opened the public hearing and no one spoke for or against granting of liquor license change.
Motion made by William J. Hall seconded by James J. Spearman that public hearing be closed. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman to rescind Class B liquor license (license was not yet issued) and grant Class BV Ltd. liquor license . All voted Aye. So voted.
O R D I N A N C E I N T R O D U C T I O N
1. Ordinance Amending Coventry Charter; Chapter 2, Article
II,
Division V - Regarding Juvenile hearing Board Alternate Member’s Terms of
Office.
Motion made by William J. Hall seconded by James J. Spearman to introduce ordinance and Clerk directed to advertise for public hearing. All voted Aye. So voted.
Communication from Representative Nicholas Gorham Regarding Enacting Historical Area Zoning in the Rice City National Register Historic District.
Communication was removed from agenda as Representative Gorham was not yet present.
Motion made by William J. Hall seconded by James J. Spearman that meeting is adjourned. All voted Aye. So voted.
Meeting adjourned at 8:12 p.m.
/s/ Roberta
H. Johnson, CMC
Town Clerk
TOWN COUNCIL MEETING
January 13, 2003
PRESENT: Frank Hyde, Ronald S. Wood, William J. Hall, James J. Spearman
Town Manager - Francis A. Frobel
Town Solicitor - Paul K. Sprague, Esq.
Councilman Kenneth R. DaSilva, absent.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation led by Councilman Hall.
Motion made by James J. Spearman seconded by Frank Hyde that minutes of August 26 and December 16, 2002 be accepted and approved as presented. All voted Aye. So voted.
Motion made by William J. Hall seconded by James J. Spearman that Consent Agenda be accepted and approved. All voted Aye. So voted.
CONSENT AGENDA
1. Tax Abatements for the Month of December 2002 in the Amount of $18,415.59 and Additions in the Amount of $5,911.89 (See Page 426A)
Application for Private Detective License Renewal by Ernest W. Legault
Motion made James J. Spearman seconded by Frank Hyde the license renewal be granted. All voted Aye. So voted.
Applications for Seven Firearm License Renewals
1. David A. Tacey, d/b/a Totem Farm Gunshop, 522 Hopkins Hollow Road, Greene
2. Joseph J. Vadovsky, d/b/a New England Gunsmiths, 1368 Plainfield Pike, Greene
3. Charles S. Hawkins, d/b/a Hawkins Machine Co., Inc., 374 Hopkins Hollow Road
4. Aflred Chatelle, d/b/a ARC Excavation, 563 Hammet Road
5. Wal-Mart Stores East, LP, 1173 Tiogue Avenue
6. Michael A. Zanni, Ocean State Firearms, Inc., 15 Sandy Bottom Road
7. Thomas Goodison, Tom’s Gun Repair, 6356 Flat River Road
Motion made Ronald S. Wood seconded by William J. Hall to vote on licenses collectively and to remove #4 Alfred Chatelle’s application from the list. All voted Aye. So voted.
President Wood recused himself from voting on Alfred Chatelle’s license renewal. Recusal placed on file.
Motion made by William J. Hall seconded by James J. Spearman to vote on remaining six license renewals and to grant them.
Vote taken: Frank Hyde, Ronald S. Wood, William J. Hall and James J. Spearman all voted Aye. So voted.
Motion made by William J. Hall and seconded by James J. Spearman that #4 Alfred Chatelles’s license renewal be granted.
Vote taken: Frank Hyde, William J. Hall and James J. Spearman all voted Aye. So voted.
P U B L I C H E A R I N G
Application for New Class BV Liquor License by Hunan Balcony, Inc., d/b/a Hunan Balcony, 687 Washington Street
Applicant Shou An Pan, 50 Murray Street, Apt. 34 was present with interpreter.
President Wood opened the public hearing and no one spoke for or against granting of liquor license.
Motion made by William J. Hall seconded by James J. Spearman the public hearing be closed. All voted Aye. So voted.
Motion made by James J. Spearman seconded by Frank Hyde to grant liquor license with the following stipulation: subject to bar tenders taking STOP course (certified training for bartenders) and obtaining copy of Town Council’s Liqour License Rules and Regulations prior to issuance of license. All voted Aye. So voted.
Resolution # 01-03-2199 Establishing a Capital Non-Recurring Fund
Francis A. Frobel, Town Manager gave a brief overview of the resolution.
Motion made by William J. Hall seconded by James J. Spearman to adopt resolution. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 01-03-2199
BE IT RESOLVED by the Town Council of the Town of Coventry that the Town Council seeks to establish a Capital Non-Recurring Fund. The Town Council shall annually set aside, in a reserve fund, moneys charged to the appropriate departmental accounts, the cost to meet the normal depreciation charged against certain equipment. Said depreciation costs shall be in accordance with the schedule developed by the Director of Finance for replacement of major, capital investment equipment necessary for Town operations.
The money so held in said reserve account shall be expended for purchase or replacement of capital equipment designated in the annual Capital Improvement Budget.
PASSED AND ADOPTED this 13th day of January 2003.
APPROVED /s/ Ronald S. Wood
Council President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
*******
Resolution #02-03-2200 Appointing Two Members and Two Alternate Members to the Juvenile Hearing Board
Motion made by William J. Hall seconded by James J. Spearman to appoint Christine M. Dupre-Sipka and Linda Ann McArdle as full members and Helen M. Knudsen and Amelia K. Springer as alternate members. All voted Aye. So voted.
TOWN OF COVENTRY
RESOLUTION
OF THE
TOWN COUNCIL
NO. 02-03-2200
RESOLUTION OF THE TOWN OF COVENTRY, STATE OF RHODE
ISLAND AND PROVIDENCE PLANTATIONS APPOINTING TWO FULL
MEMBERS AND TWO ALTERNATE MEMBERS TO THE JUVENILE
HEARING BOARD IN ACCORDANCE WITH SECTION 3 OF THE
TOWN OF COVENTRY ORDINANCE NO. 2-91-0174.
WHEREAS, Section 3 of Ordinance No. 2-91-0174 provides for the
appointment of five (5) members serving three (3) year staggered terms of
office and two (2) alternate members serving one (1) year terms of office.
SECTION 1. That the Town Council hereby appoints the below listed
individuals as members of the Juvenile Hearing Board with terms expiring
December 1, 2005:
Christine M. Dupre-Sipka, 605 Town Farm Road
Linda Ann McArdle, 3438 Flat River Road
and two alternate members with terms of office expiring December 1, 2003:
Helen M. Knudsen, 348 Plainfield Pike, Greene
Amelia K. Springer, 76 Peckham Lane
SECTION 2. That any action contemplated herewith that may be in contravention with Council action previously adopted be, and the same is hereby repealed.
PASSED AND ADOPTED this 13th day of January 2003.
APPROVED /s/ Ronald S. Wood
Council President
ATTEST: /s/ Roberta H. Johnson, CMC
Town Clerk
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Motion made by William J. Hall seconded by Frank Hyde to go into Executive Session at 8:49 p.m. for the following purpose: Pertaining to Litigation, Land Acquisition and Investment of Public Funds. This action is taken pursuant to R.I.G.L. 42-46-5. (a) (2, 5 & 7) Roll call vote. Motion carries unanimously.
Motion made by James J. Spearman seconded by William J. Hall come out of Executive Session at 11:17 p.m. Roll call vote. Motion carries unanimously.
Motion made by William J. Hall seconded by Frank Hyde to seal minutes of Executive Session. Voice vote. Motion carries unanimously.
Motion made by James J. Spearman seconded by William J. Hall that meeting be adjourned. All voted Aye. So voted.
Meeting adjourned at 11:20 p.m.
/s/ Roberta H. Johnson, CMC
Town Clerk
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Kevin D. McGee, William J. Hall
Town Manager - Francis A. Frobel
Town Solicitor - Paul K. Sprague, Esq.
Councilman James J. Spearman absent
Presentation of Colors by Coventry Police Department Honor Guard.
Pledge of Allegiance led by Town Sergeant, John Sullivan.
Invocation was led by Father Richard Schweinsburg of St. Andrew & St. Phillip Church.
The Honorable James R. Langevin, Secretary of State/US Congressman Elect administered the oath of office to Town Council