PRESIDENT FRERICHS:

1.                  Request a motion for Executive Session (closed session) Pursuant to 42-46-5 Sub Section (a) (1), Personnel.

Motion by Councilman DePasquale, seconded by Councilman Alfano to approve request for Executive Session (closed session) Pursuant to 42-46-5 Sub Section (a) (1), Personnel. Vote 4-0

5:05 PM Vice President Christopher W. Stanley present.                             

COUNCILMAN DEPASQUALE:

1.                  Discussion and action regarding Opposition to Senate Bill 2010-S2603

Motion by Councilman DePasquale, seconded by President Frerichs to support Resolution in opposition to Senate Bill 2010-S2603 and forward to every State Senator, State Representative and the Governor. Vote 4-1 Vice President Stanley recues.

Town of Warren

Resolution of the Town Council

No. 2010-56

SUBJECT:  OPPOSITION TO SENATE BILL 2010-S2603

WHEREAS,  Current state law does not provide for mandatory continuation of either municipal employee or school teacher collective bargaining agreements and;

WHEREAS,  A Superior Court Justice ruled on March 15, 2010, that state statute, defining when a contract ends, obviates any contract clause agreed to which allows for the continuation of a public employee labor contract and;

WHEREAS,  School districts and cities and towns have seen a calamitous reduction of state aid and;

WHEREAS,  There exists a $210 million revenue/expenditure gap in the current FY 2010 budget and over an anticipated $400 million revenue / expenditure gap for FY 2011 budget that will result in further state aid reductions and;

WHEREAS,  Taxpayers are already burdened by some of the highest property taxes nationally and;

WHEREAS,  School districts and cities and towns must comply with RIGL § 44-5-2, that caps the property tax levy imposed by municipalities and;

WHEREAS,  According to RIGL § 16-2-9 (d) “The school committee of each school district shall be responsible for maintaining a school budget which does not result in a debt” and;

WHEREAS,  School committees may require employee concessions to comply with the aforementioned state statutes and;

WHEREAS,  2010-S2603 would mandate that an expired contract shall continue under all the same terms and conditions of employment and;

WHEREAS,  this would serve as a disincentive for unions to bargain in good faith and allow existing employee wages and benefits to continue unchanged indefinitely; thus forcing districts possibly to violate RIGL § 44-5-2 and 16-2-9 (d).

NOW THEREFORE BE IT RESOLVED that the Warren Town Council respectfully requests the Rhode Island General Assembly to oppose 2010-S2603 that mandates expired teacher contracts must continue all the existing terms and conditions of employment; and

Be it further resolved that a copy of this resolution be forwarded to every State Senator, State Representative and the Governor.

PASSED AND APPROVED THIS 20th  DAY OF MAY, 2010.

APPROVED:____________________________________________________

                        David S. Frerichs, Town Council President

ATTEST:      _____________________________________________________

                        Sandrea J. Speroni, CMC, Deputy Town Clerk

TOWN MANAGER:

1.                  Request approval to overspend the Police and Non-Union Salary Account (1-01-24-1020-24) by an amount not to exceed $9,685.25.  Funds to come from the Police Clothing Account (1-01-24-2030-24) $675; Police Holiday Account (1-01-24-2020-24) $4,015; and Longevity Account (1-01-10-1190-00) $4,995.24.

Motion by Councilman Alfano, seconded by Councilwoman Tattrie to approve to overspend the Police and Non-Union Salary Account (1-01-24-1020-24) by an amount not to exceed $9,685.25.  Funds to come from the Police Clothing Account (1-01-24-2030-24) $675; Police Holiday Account (1-01-24-2020-24) $4,015; and Longevity Account (1-01-10-1190-00) $4,995.24. Motion is unanimous.

HIGHWAY DIRECTOR:

1.                  Resolution to add two streets to the paving grant, School Street & Pine Lane.

RESOLUTION

 BE IT RESOLVED by the Town Council of the Town of Warren that the Council herein concurs with the recommendation of the Director of Public Works to add the following to the list funded with State Stimulus Funds:

            Pine Lane          

            School Street

Motion by Councilman DePasquale, seconded by Vice President Stanley to approve resolution to add two streets to the paving grant, School Street & Pine Lane. Motion is unanimous

2.                  Permission to over expend Part Time Help account 01-20-4020-20 not to exceed $14,000.00

Motion by Councilman DePasquale, seconded by Councilwoman Tattrie to approve to over expend Part Time Help account 01-20-4020-20 not to exceed $14,000.00 Motion is unanimous.

PUBLIC HEARING:

1.                  Discussion and action regarding Kitchen Incubator.

Lisa Raiola states this would build a strong sense of community, it is crucial to good health, there is no place in Rhode Island where aspiring food entrepreneurs can get started  and this will make Warren a unique destination in the State and throughout Southern New England. She states the Zoning Proposal would change the zoning from R-6 to Special District (SD), Add new Use Codes” Business incubator facility, Allow the new use by special use permit VB, B and SD and Define Business incubator facility. Business Incubator Facility means a facility dedicated to the startup and growth of business incubatees, accomplished through management and facility support systems. And for purposes of this definition, management support systems include access to professional advice, business planning, and information, on small business regulations, management, advertising promotion marketing, sales, inventory, employees, labor relations and financial counseling. Facility support systems include clerical and reception staff, access to computers, faxes and other electronic equipment, access to specialized storage, cleaning and building security. Kitchen incubator is a business incubator dedicated to early stage catering, retail and wholesale food businesses whose facility support systems also include commercial kitchen equipment and shared kitchen facilities lent on a time slot basis to incubatees.

After much discussion from Lisa J. Raiola, MPH Asst. Clinical Professor, Community Health, Brown University, Eric Busch, Principal: Rustpoint Advisory, LLC, Greg Spiess, Architecture & Urban Design, John Luk, JHL Techure, Robert Bornstein from Hospitality Procurement Services, Nancy Letendre, Esq from Ursillo, Teitz, & Rich, Warren Town Council members and Warren Town residents regarding equipment & business needs.

Solicitor DeSisto states if the Town Council is considering this, the first step would be is to have a lease developed; otherwise there can be no applications to the Zoning Board. If the applicant does go forward and the Town Council is interested, they would be filing those applications, one would be to change the zoning designations, and currently it is a R6 that designation would have to change to account for this type of use. He states there are some issues that would need to be overcome, because of where the village business district zone line ends on Main Street. He agrees there has to be another definition in the zoning ordinance to allow for use of this nature, because of the multiple uses that are included. Currently now under the use table it would be very problematic to get the necessary permits  from the zoning board to allow for all the things that were heard tonight and there would have to be some definitional changes and both of those would go to the Planning Board for recommendations  as two separate applications. If in fact all the issues can be resolved and the zoning ordinance and zoning map changed there would be more than just the one special use permit needed. He also states there is also a lease; the lease would be forwarded to the Town if you want to go forward and include a do diligent period that would include paying the necessary financing for this project. Solicitor DeSisto states because there are some elements we wouldn’t know about, his suggestion would be a proposed lease to be forwarded to the town and then they will take a look at proposed lease.

Councilwoman Tattrie states she would like to see term insurance incorporated in the lease.

Council Members and Town Solicitor agree.

Motion by Councilman Alfano, seconded by Councilman DePasquale to have the applicant submit a lease to the Town Solicitor Anthony DeSisto and have the Town Solicitor review the lease and make recommendations to the Town Council. Motion is unanimous.

Attest:

Sandrea J. Speroni, CMC

Deputy Town Clerk