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Superior Court Judge Brian P. Stern ruled during a hearing Friday that the Central Coventry Fire District must be liquidated.
District Chief Andy Baynes and Special Master Richard Land had already shut down three of the district's five stations effective at 8 a.m. Friday in an attempt to cut costs.
Land estimated that the district only has enough funds to operate in a limited capacity for about 11 days. Excluding this weekend, that is the amount of time Judge Stern gave Land and officials to completely liquidate the district that has been in a Special Mastership since October.
CCFD taxpayers rejected a revised budget and a tax levy on Tuesday night by an overwhelming margin of 1,357 to 484 votes. Failure to pass the budget left Land with only one option -- to put the district's fate into the hands of the court.
Early on in the hearing, Land provided Judge Stern with three options including the court exercising its equitable powers to order a tax levy to carry CCFD through this fiscal year, using those same powers to implement a reduced fire and emergency service plan for the district which would also require a levy to be set, and finally liquidation, the option that he had been working to prevent.
"Qualified voters of the Central Coventry Fire District have spoken loudly and chosen not to fund the district any longer," Judge Stern said. "It's clear that the state law which allows fire districts to operate also places the authority to levy taxes solely on the voters. In this case, the voters were willing to take the risk as to whether or not they would continue to have fire and emergency services at all or at the same level they received in the past."
He then listed the liabilities that CCFD is currently responsible for including lines of credit at Coventry Credit Union and Centreville Bank, $700,000 owed on a 2009 ladder truck, as well as unsatisfied balances for leased computers in emergency apparatus, retirement contributions, utilities, and a $350,000 balance to Blue Cross Blue Shield, among several others.
"When court authorized the March 26 vote, it was clear we were pursuing one of two possible courses of action -- an approved tax levy or liquidation," said Stern. "It's not for today's proceedings to say who is responsible for the district's liabilities."
"Based on the two rejected levies, I can safely say that the voters have spoken loud and clear and are not willing to fund the fire district at the levy requested and therefore the court will follow the intent of voters and go forward with liquidation," he continued. "I do not however believe that their vote was to completely discontinue fire and emergency services to their community."
Judge Stern went on to say that the matter can no longer be rectified judicially.
"As a practical matter, it is now unfortunately the Town of Coventry's problem, the governor of the state of Rhode Island's problem through his Emergency Management Agency, fire marshal and Department of Health and very clearly based on the law that was passed, it is the state General Assembly's problem that they need to address right now."
He ordered Special Master Land to immediately employ an auctioneer and appraiser to begin preparing all assets for auction and ordered him to completely close the two remaining fire stations and cease all operations by April 11, 2013 at 11:59 p.m.
He suggested that state and local legislators, some whom have already submitted legislation regarding the fire district, work with town, government and emergency officials to begin formulating a plan to pass through the General Assembly which will allow for continued emergency service to the residents of Central Coventry
"Some may say that I am ringing the alarm bell today and I am," Judge Stern said. You have 12 days to formulate a short and long-term plan that will address this public safety issue before the fire district closes at the end of the day on April 11th."
After adjournment, state representatives, senators and Coventry officials gathered outside of Kent County Courtroom 4F to begin discussing the public safety plan they have been entrusted with developing.
Sen. Lou Raptakis explained that the preliminary goal is to draft and introduce legislation allowing the reconfiguration of district lines within the Town of Coventry. This move will allow the three remaining districts, Coventry (Anthony), Hopkins Hill and Western Coventry to each acquire portions of the former Central Coventry district.
"On behalf of Sen. (Nick) Kettle and I, we have been given directions by the Town Manager, Solicitor and Council President to proceed with expanding the three existing fire districts," he said. "We're not getting involved in the plan, we're just moving forward with what the judge just discussed of creating the legislative vehicle to move this forward so by April 11, it will be a legal document."
He also said that the Central Coventry statute will need to be repealed as was done in 2006 when the consolidation of four of the Town's seven fire districts occurred to form Central Coventry.
"The elected officials need to realize this is a serious crisis. This is not a scare tactic here, this is reality," said union president and CCFD Captain David Gorman following the hearing. "The legislators, the governor, they need to act. This is public safety, not politics, and unfortunately thats what this whole thing has turned into."
Judge Stern has scheduled another hearing for 10 a.m. on Tuesday to allow for existing motions to be heard in full as well as any objections.