PLEDGE OF ALLEGIANCE:

Fire Chief Alexander Galinelli led the Pledge of Allegiance.

PRESENTATION:

General McBride presentation to Town of Warren.

The Volunteer Firefighters of Warren held a family day for the 169^th Military Police who were being deployed to Afghanistan. Rhode Island’s Adjutant General Kevin McBride thanked the volunteers who made the day so special for the families and gave each participant Certificate of Appreciation.

INTERVIEWS:

PROBATE JUDGE:

Each applicant gave a brief synopsis of their education and experience.  Council President Stanley asked each applicant if the compensation was agreeable and had they looked into the day and time is held and if they had the time required for this position.  Each applicant answered yes.

Motion by Councilwoman Tattrie seconded by Vice President Frerichs; Steven A. Minicucci is appointed as Probate Judge.  Motion is unanimous.

APPOINTMENTS:

Electrical Inspector

Nicholas T. Massed     1-yr term

44 Everett St.

Warren, RI 02885

Plumbing/ Mechanical Inspector

Peter J. Withers     1-yr term

8 Brady St.

Warren, RI 02885

Tree Warden

John M. Massed     1-yr term

35 Sachem St.

Warren, RI 02885

Motion by Councilwoman Tattrie seconded by Councilman Lial; the people are appointed to the respective boards.  Motion is unanimous.

Harbor Master

Matthew J. Calouro     1-yr term

118 Fales Rd.

Bristol, RI 02809

Assistant Harbor Master

David E. Pion     1-yr term

82 Harris Ave

Warren, RI 02885

Assistant Harbor Master

Dean Eliason     1-yr term

40 Overhill Rd

Warren, RI 02885

Municipal Court Judge

Ernest G. Mayo     2-yr term

6 Scott Ct.

Warren, RI 02885

Probate Judge

vacant     1-yr term

Recreation Director

Sharon A. Lombardo     1-yr term

938 Main Street

Warren, RI 02885

Town Sergeant

Ronald P. Jarvais     1-yr term

17 Birchswamp Rd.

Warren, RI 02885

Special Constable –  1 yr. Term

Motion by Councilman DePasquale seconded by Councilman Lial; the above people are appointed to the respective boards.  Motion is unanimous.

Cable Advisory Committee- Temporary Member

Davison Bolster     1-yr term

53 State St.

Warren, RI 02885

Motion by Councilman Lial seconded by Councilwoman Tattrie; the above appointment is removed from this page to be addressed later.  Motion is unanimous.

Conservation Commision

Robert Rutkiewicz     3-yr term

12 Linwood Ct.

Warren, RI 02885

Jane Harrison     3-yr term

17 Chace Ave.

Warren, RI 02885

Economic Development Board

Vacant     3-yr term

William Spencer Morris     3-yr term

18 Cole St.

Warren, RI 02885

Motion by Councilwoman Tattrie seconded by Councilman Lial; the above people are appointed to the respective boards.  Motion is unanimous.

Harbor Management Commission

Julie Blount     3-yr term

11 Wheaton St.

Warren, RI 02885

Mark Amaral     3-yr term

48 Water St.

Warren, RI 02885

Voluntary Historic Committee - Board of Appeals

vacant     3-yr term

Voluntary Historic District Committee 

Steven Thompson - Alternate     1-yr term

51 Broad St.

Warren, RI 02885

Eileen Collins - Alternate     1-yr term

26 State St.

Warren, RI 02885

Juvenile Hearing Board

Frances M. Dutelle     3-yr term

39 Vernon St.

Warren, RI 02885

Patrick Rimoshytus - Alternate     1-yr term

19 Ridgeway Dr.

Warren, RI 02885

Vacant - Alternate     1-yr term

Library Trustee

John S. Chaney     1-yr term

172 Water St.

Warren, RI 02885

Joyce Katzberg     1-yr term

40 Church St.

Warren, RI 02885

Planning Board

John R. Piepowski     3-yr term

40 Fern Dr.

Warren, RI 02885

Vacant     3-yr term

Martha Heald     3-yr term

26 Shore Dr.

Warren, RI 02885

Motion by Councilwoman Tattrie seconded by Councilman Lial; the people are appointed to the respective boards.  Motion is unanimous.

Recreation Board

Vacant     3-yr term

Christine McGovern     3-yr term

11 Napoleon St

Warren, RI 02885

Tree Commission

Vacant     3-yr term

Housing Authority

Raymond H. Rabideau     5-yr term

21 Park St.

Warren, RI 02885

Zoning Board

Paul Attemann     5-yr term

65 Church St

Warren, RI 02885

Andrew G. Ellis - 1st Alternate     1-yr term

31 Liberty St.

Warren, RI 02885

Vacant - 2nd Alternate     1-yr term

Motion by Council Vice President Frerichs seconded by Councilman DePasquale; the people are appointed to the respective boards.  Motion is unanimous.

Cable Advisory Committee- Temporary Member

Davison Bolster     1-yr term

53 State St.

Warren, RI 02885

Motion by Councilman Lial seconded by Councilwoman Tattrie; the above appointment is removed from this page to be addressed later.  Motion is unanimous.

Motion by Vice President Frerichs seconded by Councilman DePasquale; Mr. Bolster is

appointed to the Cable Advisory Board.  Motion is unanimous.

Motion by Councilman DePasquale seconded by Councilwoman Tattrie; all of the Board vacancies are to be advertised.  Motion is unanimous.

ORDINANCES:

O-1

Proposed Parking Ordinance (2^nd reading)

Chapter 3, Motor Vehicles and Traffic, Article III, Stopping, Standing and Parking

Sec. 12-58 - Warren Avenue, west side and on the east side limited to the area designated by “no parking” signs directly in front of #54-56 Warren Avenue.

Sec. 12-63 - The western most portion of the Town Hall Parking Lot on the south side of Joyce Street shall contain nine (9) restricted spaces, marked with appropriate signage.  The restrictions will be established and approved by resolution of the Warren Town Council.

RESOLVED:  Town Hall Parking Lot, south side of Joyce Street, western most portion, one (1) handicap parking space, three (3) fifteen (15) minute parking spaces, and five (5) three (3) hour parking spaces.

Motion by Councilman DePasquale seconded by Councilwoman Tattrie; the above 2^nd reading is accepted and the above ordinance amendment is ordained.  Motion is unanimous.

ACCEPTANCE OF MINUTES:

Acceptance of November 13, 2012 Minutes

Motion by Vice President Frerichs seconded by Councilwoman Tattrie; the above Minutes are accepted.  Motion is unanimous.

CONSENT AGENDA:

*P-1, *P-2, **C-1, **C-2, **C-3 & C-5

Motion by Vice President Frerichs seconded by Councilwoman Tattrie; the petitions on the Consent Agenda are granted and the correspondence on Consent Agenda are filed.  Motion is unanimous.

PUBLIC HEARING:

PH-1

Public Hearing Proposed Amendment to Zoning Ordinance 32-89

CONTINUED TO  JANUARY 8, 2013 – Pending Planning Board recommendation

Section 32-89  Setback from Wetlands, Water Bodies, Coastal Features, Streams and Drinking Water Supply Sources.

Motion by Councilman Lial seconded by Vice President Frerichs; the above public hearing is continued to the January 8, 2013 Council Meeting pending Planning Board recommendation.  Motion is unanimous.

PH-2

Public Hearing for Class BV Liquor License and Victualling License

From: Slice, LLC

            d/b/a Slice Pizza & Pasta Pub

            15 Child Street

            Warren, RI 02885

Peter Pimental, owner of the above restaurant explains the menu will be pizza and subs etc. and they will be open 7 days a week from 4:00 pm to 1:00 am, they may open for lunch in the future. Council President Stanley asks if there are any questions from the public and there are not.

Motion by Councilwoman Tattrie seconded by Councilman Lial; the public hearing is closed.  Motion is unanimous.

Motion by Councilwoman Tattrie seconded by Vice President Frerichs; the above beverage and victualling license is granted.  Motion is unanimous.

PH-3

Public Hearing for a Zoning Ordinance Amendment

From: John J. Moss (lessee) Enzo Lucciola (owner)

            5 New Industrial Road

            Warren RI 02885

Include Daycare/Pre-School in Article VIII of the Zoning Ordinance as a permitted use in the CI district by special use.

Motion by Councilman DePasquale seconded by Vice President Frerichs; the above public hearing is continued to the January 8, 2013 Council Meeting.  Motion is unanimous.

PH-4

Public Hearing for a Comprehensive Plan- Future Land Use Map (continued from 07/12/12)

From: Wightman’s Farm, LLC

            560 Metacom Avenue

            Warren, RI 02885

Tax Assessor Plat 13C, Lot 3 (536 Metacom Ave.) and Tax Assessor Plat 13C, Lot 157(Metacom Ave.).  The applicant Wightman’s Farm, LLC seeks to change from "High Density Residential" to "General Business Area".   

PH-5

Public Hearing for Zoning Map Amendment (continued from 07/12/12)

From: Wightman’s Farm, LLC

            560 Metacom Avenue

            Warren, RI 02885

Tax Assessor Plat 13C, Lot 3 (536 Metacom Ave.) and Tax Assessor Plat 13C, Lot 157 (Metacom Ave.).  The applicant Wightman’s Farm, LLC seeks to change the zoning designation from R-10 to Business (B).

Vice President Frerichs recuses himself.

Motion by Councilman Lial seconded by Councilman DePasquale; PH-4 & PH-5 are moved to the end of the agenda. Motion is unanimous.  Vote 4-0-1(Frerichs recuses)

Vice President Frerichs recuses himself and leaves the dais.

Attorney Bruce Cox represented the property owner, he presented expert testimony from Planning Professional – Edward Pimental, AICP, Land Use Planning Consultant - Joseph D. Lombardo, and Professional Land Surveyor – Richard Lipsitz, PLS for the Comprehensive Plan and Zoning Map changes.  Mr. Lipsitz testified as to financial impact residential versus commercial development on the town.  Mr. Pimental looked at the Comprehensive Plan and states “the Plan does not want “Strip Mall” development”.  He explains this development would be a “Village Business” development.  Ms. Remy the property manager states their goal is to maintain  as much “green” as possible.   Mr. Lipsitz explains the higher taxes on commercial property versus residential factoring in the cost of education and other services used more by residential than commercial.

Save the Bay presented a letter opposing the Comprehensive Plan and Zoning Map changes.

Dana Warren states she is an abutter and has an easement on this parcel to access her property.  She is concerned she will not have access to her home.  The new deed that was just created changing the lot lines no longer contains the language giving her access to her home.

David Urban President of the Kickemuit River Council lives in Warren and is concerned the impact this development would have on the Kickemuit River.  “If we get this wrong there is no coming back from destroying the river.”

Andre Asselin states he has not heard any proof the Comprehensive Plan or Zoning Ordinace are defective in this area or on this issue so why change them?

Phyllis Poor, Michael Nappi both of Parker Avenue spoke against the changes concerned with the number of tenants in the building and the threat to the river allowing commercial use there.

Agnes Hozompa and Claudia Sauve live across the street to the development and have concerns regarding traffic.  “Sometimes it takes 4-5 minutes to get out of my driveway” stated Ms. Sauve.  Both have invested hundreds of thousands of dollars into their property and are very concerned about their property values.  Ms. Sauve states this is a residential area the businesses came.

Ms. Sauve stated “you will notice not one person from the public spoke for the development.”

Motion by Councilman DePasquale seconded by Councilman Lial; the public hearing is closed.  Motion is unanimous.

Motion by Councilman Depasquale to deny the application based upon the concerns raised by the abutting neighbors.  Councilman Lyle seconds, stating that the proposed development is not in the best interest of the Town.  Council President Stanley states he will vote to deny application because there is no way to guarantee use of the buildings or the number of houses, and the environmental concerns.  Councilwoman Tattrie states she will vote to approve because she has concerns about property rights, the Town’s comprehensive plan and budgeting concerns.  Motion passes.

Vote 3-1, Council President Stanley, Council Members Lial and Councilman Depasquale voting  in favor, and Council Member Tattrie voting against. 

PETITIONS:

*P-1

Request for transfer of Victualling License

From: Ammouris Gas & Food Mart

            943 Main Street

            Warren RI 02885

To:      CC Moroes Inc., d/b/a Eagle Gas & Food Mart

            943 Main Street

            Warren RI 02885

*P-2

Request for Class F Beverage Licenses for 2013

From: St. Thomas the Apostle Church

            500 Metacom Ave.

            Warren RI 02885

Dates: January 19, 2013 – Cacoila Supper

            February 16, 2013 – Fish & Chicken Dinner

            March 9, 2013 – Matanca Do Porco

            June 22 & 23, 2013 – Holy Ghost Feast

            November 9, 2013 – Dominga Night

CORRESPONDENCE:

**C-1

BCWA – Update

Mr. Palmeiri asks what has to be done to get the legislation the three Councils proposed passed by the State legislation.  The bill he saw was not what the three Councils proposed.  The Council will work with the other 2 Councils to try to meet and move forward on this.

**C-2

Acceptance of Brandt Heckert’s resignation from the Economic Development Board.

Motion by Councilman DePasquale seconded by Vice President Frerichs; Mr. Heckert’s resignation is accepted with regret and am letter of thanks is to be sent.  Motion is unanimous.

**C-3

Acceptance of Mary Healey Jamiel’s resignation from the Planning Board.

Motion by Councilman DePasquale seconded by Vice President Frerichs; Ms. Jamiel’s resignation is accepted with regret and am letter of thanks is to be sent.  Motion is unanimous

**C-4

Acceptance of Christine A. Lichatz’s resignation from the Tree Commission.

Motion by Councilman DePasquale seconded by Vice President Frerichs; Ms. Lichatz’s resignation is accepted with regret and am letter of thanks is to be sent.  Motion is unanimous

**C-5

The Over the Hill Motorcycle Club; wish to gift to the Warren Animal Shelter; located at 80 Wood Street; Warren, RI; a new washing machine.

I; Russell J Mello; on behalf of the Over the Hill Motorcycle Club; wish to gift to the Warren Animal Shelter; located at 80 Wood Street; Warren, RI; a new washing machine.  We remain grateful to belong to this close knit community where the welfare of our neighbors are always front and center.  So; please accept this donation on behalf of all the members of Over the Hill Motorcycle Club.  We hope it will be put to good use. Sincerely;  Over the Hill Motorcycle Club, 124 Water Street, Warren, RI  02885

Motion by Councilman DePasquale seconded by Vice President Frerichs; the donation is accepted and a letter of thanks is to be sent.  Motion is unanimous.

NEW BUSINESS:

NB-1

Kari McCarthy Memorial Wrestling Tournament request for $75 donation ¼ page advertisement in program.

Councilman DePasquale recuses himself.

Motion by Councilwoman Tattrie seconded by Vice President Frerichs; seventy-five dollars ($75.00) is donated for the quarter (1/4) page advertisement.  Motion is unanimous.

NB-2

Discussion and action regarding proper signage and access on the Town Wharf from Anthony Rongione/A&R One LLC.

Motion by Vice President Frerichs seconded by Councilwoman Tattrie; the above request is referred to the Traffic Commission.  Motion is unanimous.

NB-3

Discussion and action regarding a “Economic Development Coordinator”.

President Stanley asks Councilmembers to forward recommendations on this position to Manager Gordon so he may move this forward for the budget hearings.

NB-4

Discussion and action regarding request from Carolyn A. Mannis Attorney for Robert Lombardi; the curbing in front of 11 Hope Street be replaced and on-street parking restored.

Motion by Councilman Lial seconded by Vice President Frerichs; the above matter is referred to the Solicitor and Director of Public Works.  Motion is unanimous.

NB-5

Discussion and action regarding potential vacancy on Planning Board, request from Fred Massie, Chairman of the Planning Board.

Motion by Councilman DePasquale seconded by Vice President Frerichs; the above matter is referred to the Solicitor.  Motion is unanimous.

TOWN MANAGER:

1.         Discussion and action regarding approval of Collateralized Municipal Deposit Agreement

with RBS Citizens Government Banking Group and authorized the Council President to sign the agreement.

Motion by Vice President Frerichs seconded by Councilman DePasquale; the above agreement is approved and President Stanley is authorized to sign the agreement.  Motion is unanimous.

SOLICITOR:

1.         Request a motion for Executive Session (closed session) Pursuant to 42-46-5 Sub Section (a) (2) Litigation.

(a)        PM Industries, Inc. v. MMF Realty, LLC PB No.: 12-2887

Councilman DePasquale recuses from (a) PM Industries, Inc vs MMF Realty

Motion by Vice President Frerichs seconded by Councilwoman Tattrie; Council the above request for executive session is granted.  Motion carries.

Roll call Frerichs, Stanley, Tattrie, Lial affirmative – DePasquale – recues.

(b)       Bristol Warren Regional School District v. Town of Warren PC 12-4653

Motion by Councilwoman Tattrie seconded by Vice President Frerichs; the above request for executive session is granted.  Motion is unanimous.         

Roll call DePasquale, Frerichs, Stanley, Tattrie, Lial affirmative.

2.         Request a motion for Executive Session (closed session) Pursuant to 42-46-5 Sub Section (a) (5) Property.

Motion by Councilwoman Tattrie seconded by Vice President Frerichs; the above request for executive session is granted.  Motion is unanimous.

Roll call DePasquale, Frerichs, Stanley, Tattrie, Lial affirmative.

TOWN PLANNER:

1.         Discussion and authorization of Town Council President to sign contract

with the RI Department of Transportation for $6,000 grant funding from the Safe Routes to School Program.

Motion by Councilwoman Tattrie seconded by Vice President Frerichs; the above contract is approved and President Stanley is authorized to sign the contract.  Motion is unanimous.

2.         Discussion and authorization of Town Council President to sign contract

with The Steelyard to design and fabricate bike racks with students at Hugh Cole and Kickemuit Middle School ($6,000).

Motion by Councilwoman Tattrie seconded by Councilman Lial; the above contract is approved and President Stanley is authorized to sign the contract.  Motion is unanimous.

3.         Discussion and authorization of Town Council President to sign Agreement

for the Community Development Block Grant ($202,500).

Motion by Vice President Frerichs seconded by Councilwoman Tattrie; the above agreement is approved and President Stanley is authorized to sign the contract.  Motion is unanimous.

POLICE CHIEF:

1.         Request Council’s authorization to enter into an agreement

with Tri-Tech Information Systems and pay an annual support fee of $11,100.00 for calendar year 2013 pursuant to:

Sec. 2-256 – Sole source procurement and emergency procurements (Town Code)

(a) A contract may be awarded for a service, supply or construction item without competitive bid when the purchasing officer determines in writing that there is only on 91) source for the required item or service. (Ord. of 12-12-95, 6)

Motion by Vice President Frerichs seconded by Councilwoman Tattrie; the above agreement is approved.  Motion is unanimous.

FIRE CHIEF:

1.         Discussion and action regarding the Warren Fire Department being a sponsor of and member

of the East Bay Medical Educators/Paramedic Education Consortium.

Motion by Councilwoman Tattrie seconded by Vice President Frerichs; the Warren Fire Department is authorized to sponsor and be a member of the East Bay Medical Educators/Paramedic Education Consortium.  Motion is unanimous.

DEPARTMENT OF PUBLIC WORKS:

1.         Request permission to over-expend Part-time Account # 3-01-550-00-1040

not to exceed seventeen hundred eighty-seven dollars ($1,787.00) to be covered by Payroll account #3-01-550-00-1020.

Motion by Vice President Frerichs seconded by Councilman DePasquale; the above request to over-expend is approved not to exceed the requested amount.  Motion is unanimous.

TOWN CLERK:

1.         Request renewal and authorization for the Town Council President to sign agreement

with Pitney Bowes Global Financial Services for postage machine.

Motion by Vice President Frerichs seconded by Councilman DePasquale; the above agreement is approved and President Stanley is authorized to sign the agreement.  Motion is unanimous.

Request motion to convene to Executive Session:

Motion by Vice President Frerichs seconded by Councilman DePasquale; Council goes into executive session.  Motion is unanimous.

Roll call DePasquale, Frerichs, Stanley, Tattrie, Lial affirmative.

Discussion and action on items discussed in Executive Session:

No action taken by Town Council at this time.

Adjournment:

Motion by Councilwoman Tattrie seconded by Councilman Lial; the meeting is adjourned.  Motion is unanimous.

Attest:

Julie A. Coelho, CMC

Town Clerk