Welcome to Burrillville, RI - 08-27-03 Regular Council Meeting

Motion by Councilor Louis Bleiweis. Seconded by Councilor William E. Gonyea. The vote was six in favor, one abstention. Voting in favor of the motion were Council President Wallace F. Lees, Councilors William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea. Councilor Jacqueline Zahn abstained.

Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.

Discussion: Councilor William A. Andrews pointed out that accepting Crystal Terrace would be costly. Michael C. Wood, Town Manager, suggested that the situation would require considerable administrative review. He did not recommend action on the item. If the Town Council wished, the administration could consider the matter with future capital programs. Alternatively, he informed the petitioner about the ordinance that provides for residents to pay for upgrading the streets. Mr. Lavergne has not responded.

Motion by Councilor Louis Bleiweis. Seconded by Councilor William E. Gonyea. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.

VOTED to grant the petition from Verizon to place one new joint pole (P.2-2) location on Locust Lane, with the stipulation that Narragansett Electric must take care to avoid the drainage leeching galleys (town drainage system) located behind the curb.

03-235 VOTED to grant the application for a Victualing License and Entertainment License from Alice M. Lavigne d/b/a Burrillville Art Festival Association, Inc. to apply at the annual art festival on The Assembly grounds and at Freedom Park to be held on September 13 and 14, 2003, subject to the approval of the Rhode Island Department of Health.

Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.

Discussion: Michael C. Wood, Town Manager, pointed out that, as part of the new licensing policies, the Town would purchase a supplemental insurance policy for events, such as the Arts Festival, that are held on Town properties.

03-236 VOTED to grant the application for a Victualing License and a Class F Liquor License from Chief Edward Bertholic d/b/a Oakland/Mapleville Fire Company for a fundraiser to be held on August 31, 2003 (rain date September 1, 2003) on land owned by Adler Brothers.

Discussion: Michael C. Wood, Town Manager, explained that when the Town Council put into effect the Classification Plan, as required by the Charter, these three employees elected not to participate in the employment contract that is included in the Classification Plan. In the employment contracts, there are terms and conditions that apply to most of the administrative staff. The intent of the matter before the Town Council is to codify terms and conditions for these employees. He explained that the terms and conditions eliminate longevity payment schedule, in keeping with management objectives. Compensatory time has also been eliminated. Councilor Jacqueline Zahn stated that these terms and conditions are specific to these employees. Newly hired employees would have a contract that would incorporate standard terms and conditions. Michael C. Wood, Town Manager, stated that in the near future he would present to the Town Council a document of standard terms and conditions that will address all future new employees.

VOTED to approve the “Employment Terms and Conditions” and related compensation packages for John Mainville, Joseph Raymond and Edward Pienkos and to authorize the Town Council President to sign the associated documents, copies of which will be placed in each employee personnel file.

Motion by Councilor Jacqueline Zahn. Seconded by Councilor Ronald E. Faford. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.

03-239 VOTED to receive and open the correspondence from Brad Simpson, President, Ducharme, Simpson Properties, Inc., regarding a request to consider a zoning change at 344 Chapel Street, Harrisville.

Motion by Councilor Jacqueline Zahn. Seconded by Councilor William A. Andrews. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.

Discussion: Brad Simpson addressed the Town Council, explaining that the property at 344 Chapel Street is zoned Building/Commercial. He has been unable to remortgage due to this zoning. The property, he said, needs repair and beautification but this is difficult without remortgaging. Rezoning to residential would alleviate the problem, he said.

Walter J. Kane, Town Solicitor, pointed out that residential use is permitted under current zoning, suggesting that a letter from the Zoning Official might satisfy the financial institutions. Joseph Raymond, Zoning Official, questioned whether a zone change would be appropriate for the purpose of securing financing.

Council President Wallace F. Lees suggested that the matter should be referred to the administration. Michael C. Wood, Town Manager, agreed. While he questioned the practice of “spot zoning”, he suggested that if the situation is problematic for Mr. Simpson, it might point to problems elsewhere and additional research might be indicated. It was stated that the process described in §11-4.5 of the Ordinances of the Town of Burrillville would have to be followed for a zoning change to be considered.

Motion by Councilor Louis Bleiweis. Seconded by Councilor William A. Andrews. The vote was six in favor, one recusal. Voting in favor of the motion were Council President Wallace F. Lees, Councilors William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea. Councilor Jacqueline Zahn recused.

Discussion: Michael C. Wood, Town Manager, thanked Council 94, which recognized that there are economic issues this year, giving up money in the short-term to help deal with the situation. It is not an expensive contract in terms of impact on the tax rate, he said. He reviewed the major changes in the contract. The salary increase is 1.4 percent in FY2004, $.45 per hour in FY2005 and $.65 in FY2006. The sick leave program payout addresses the issue of an unfunded liability. The Town has agreed to a payment towards health insurance upon retirement: two years at full rate, two years at half rate.

Motion by Councilor William A. Andrews. Seconded by Councilor William E. Gonyea. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.

Discussion: Councilor Edward F. Bonczek commented on the need for an amicable relationship between the Town Council and the School Committee. He stressed the need to focus on verification of money-related issues. Additionally, he discussed the use and importance of statistics, stating his belief that it is the responsibility of the Town Council and Town Manager, working with the School Committee, to establish standards that show improvement.

Councilor Edward F. Bonczek stated that unreasonable contract decisions should not occur if Town officials work together. Since the Town Council must support contracts entered into by the School Committee, the sensible solution would be to hold meetings between the Town Council and School Committee before decisions are made. The School Committee would then be aware of existing situations and money available.

Council President Wallace F. Lees stated that he, the Town Manager and the Chair of the School Committee were scheduled to meet on Thursday, August 28, 2003. The question of joint meetings would be discussed at that meeting.

Council President Wallace F. Lees inquired whether the Charter addresses meetings between the Town Council and the School Committee. Walter J. Kane, Town Solicitor, reviewed the Charter requirement for the School Committee to consult with the Town Council before establishing wages, salaries and benefit programs for classified school employees and briefly discussed proposed changes to this section of the Charter.

Councilor Jacqueline Zahn suggested that meetings with the School Committee should have specific purposes and that multiple meetings may be necessary. The timing of the meetings, relative to budget submission, was reviewed.

Michael C. Wood, Town Manager, suggested that the Town Council should have in-depth knowledge of certain programs and activities to which a large amount of money has been committed. He discussed the financial issues raised during FY2004 budget discussions, stating that these issues will continue to present problems. Councilor Jacqueline Zahn supported meeting with the School Committee on the basis that it is important for the Town Council to understand the factors that make up the school budget when they are considering and discussing adopting a budget.

03-243 VOTED to receive and open the correspondence from Councilor Edward F. Bonczek regarding a proposed resolution requesting monthly reports from the legislators who represent the Town of Burrillville.

Motion by Councilor Louis Bleiweis. Seconded by Councilor Jacqueline Zahn. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.

Discussion: Councilor Edward F. Bonczek stated that the legislators represent the voters and the Town Council, who are affected by the decisions of the General Assembly. He acknowledged that the actions of the General Assembly are available to anyone who commits to probing for the information but suggested that it would be better and more efficient for the voters if the legislators provided this information on a monthly basis. He asked that the reports include a list of all acts voted upon, how the legislator voted and an explanation of any extenuating circumstances that resulted in a particular vote. The purpose of these reports would be to solidify understanding.

Councilor Louis Bleiweis opposed the resolution, based on his belief that the report would be cumbersome. He stated that the legislators have effectively communicated to the Town Council on issues that affect the Town.

Councilor William E. Gonyea concurred. Councilor Gonyea added that Senator Fogarty had called him relative to the resolution, informing him that monthly reports would overburden his staff. He read the following into the record:

Since being elected Senator, I have always made it a point to keep in regular contact with the Town councils of the communities I represent. Indeed, I am in frequent contact with Council President Lees and have attended numerous Council meetings on state related matters.

Councilor William A. Andrews agreed that a monthly report from the legislators would be a good idea. He asked Representative Richard A. Aubin whether this information was tallied daily. Representative Aubin stated that all sessions are televised, there are house and senate journals published the day following each session, and the legislators meet occasionally with the public. He stated that both the Town Clerk and the Town Manager call the three legislators who represent the community whenever an issue arises. Mr. Aubin pointed out that monthly reports would be difficult, since he has no secretarial staff. However, he pointed out that he tries to make himself available to answer questions.

03-244 VOTED to receive and file the correspondence from Sheila Dormody and Kate Canada of the Rhode Island Climate Action Project, regarding their request for a Town Council resolution asking Governor Carcieri and the General Assembly to take leadership in preventing pollution that causes climate change.

Discussion: Michael C. Wood, Town Manager, reported that the contaminated soil at the station has been removed. The remaining pile of soil is clean soil from the trenches that is needed to continue the clean-up process.

Additionally, Michael C. Wood, Town Manager, reported on his conversations with DEM. The clean up is progressing faster than expected. He displayed a map that shows where clean up has been planned. A meeting with the Department of Environmental Management and the Department of Health will be scheduled.

03-247 VOTED to receive and file the copy of an advertisement regarding a community workshop to be held on August 28, 2003, for the purpose of presenting an update of the Stillwater Mill Master Plan.

03-249 VOTED to receive and open the correspondence from Jacqueline Zahn, Chair, Screening Subcommittee, regarding her request that the Town Council reconsider the appointment of Russell Couture to the Board of Assessment Review.

Discussion: Councilor Jacqueline Zahn reviewed that the appointment of Russell Couture had been denied, based on the fact that he was a realtor and concerns that there would be conflict if too many realtors were represented on the Board of Assessment Review. She stated that she had further investigated the matter, that this board is quite specialized, that realtors serve this board well, and that Mr. Couture has the appropriate qualifications. She stated that she now believes that this would be an appropriate appointment. Councilor William A. Andrews agreed, pointing out that with the revaluation the Board of Assessment Review would be busy in the upcoming year. He stated that he knows Mr. Couture well and believes he would be an asset to the board.

Motion by Councilor Jacqueline Zahn. Seconded by Councilor Louis Bleiweis. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.

Discussion: Michael C. Wood, Town Manager, stated that relocation to the Town was part of the terms and conditions of employment for Mr. Adams, but he has been unable to do so. The manager said that if the Town Council could not provide relief there would be no choice but to terminate services in January 2004. Walter J. Kane, Town Solicitor, reminded the Town Council of a previous opinion that the Charter limits the waiver to the original hire period only. He said that the Town Council has the right to extend the period of time granted for relocation, but cannot grant a waiver for a current employee.

Councilor Jacqueline Zahn indicated that the issue is difficult because, though she does not believe in the residency requirement, she would not vote contrary to Charter requirements relative to a waiver. Councilors William A. Andrews and Ronald E. Faford concurred. Councilor Edward F. Bonczek suggested extending for one year the time allowed for Mark Adams to relocate to Burrillville. He referred to the current Charter review, indicating that during that year the issue may be resolved.

Motion by Councilor Ronald E. Faford. Seconded by Councilor Edward F. Bonczek. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.

03-253 VOTED to receive and open the correspondence from Louise R. Phaneuf, Town Clerk, regarding consideration, discussion and possible adoption of licensing policies, applications, rules and regulations.

Discussion: Councilor Jacqueline Zahn commended the administration on the work involved in preparing the policy document. Michael C. Wood, Town Manager, pointed out that the policy, as presented, may not be the perfect scenario and that a comprehensive policy might never please all parties. He stated that the administration had worked hard to develop the policy, which he believed was good work and approaches the objective of securing the Town and the Town Council from liability relating to licensing issues.

Input had been requested from the Town Solicitor and the various Fire Chiefs. Walter J. Kane, Town Solicitor, suggested that the Town Council not vote on the document until it has been fine-tuned. He suggested that the Fire Inspection Report should certify that the establishment does or does not meet the code. He recommended a review of the language concerning insurance.

Mark St. Pierre, Harrisville Fire Chief, agreed with the comments that Mr. Kane made relative to the fire inspection report. Additionally, he referred to several issues that he had previously discussed with the Town Clerk. Specifically, he mentioned the new fire code, to be adopted in February 2004. He also indicated that the proposed fire inspection forms should not refer to the statute numbers, which vary depending upon the type of establishment. Assistant Fire Marshal Joe Houle of Pascoag agreed with the comments of Chief St. Pierre. Michael C. Wood, Town Manager, said that the point was for the Town Council to have sufficient information that a building is in code compliance in order to make an informed decision.

Harrisville Fire Chief Mark St. Pierre said that the timeframe involved could also be a problem. At an initial inspection, it is possible that an establishment may have some deficiencies. The inspector will generally allow an appropriate amount of time to correct the deficiencies. However, if the license were renewable before the deficiencies are corrected, the report would indicate that the building is not in compliance. Michael C. Wood, Town Manager, indicated that when that is the case, the Town Council would use the report to make a decision. There was a brief discussion of the possible remedies for this situation.

Motion by Councilor William A. Andrews. Seconded by Councilor Ronald E. Faford. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.

Discussion: A workshop for September 4, 2003 at 7:00 p.m. was confirmed. The tentative agenda would include a discussion of proposed changes to the Town Charter and a presentation of economic development. The tentative September 6, 2003 workshop was cancelled.

03-256 VOTED to receive and file the correspondence from Robert W. Varney, Regional Administrator, USEPA, acknowledging the Town Council’s correspondence relative to funding RIDEM’s response to water supply contamination in Pascoag.

03-260 VOTED to grant the request for Executive Session from Town Manager Michael C. Wood pursuant to Rhode Island Open Meeting Law [42-46-5 (a)(5)] for discussions or considerations related to the acquisition, sale and exchange of real property and [42-46-5 (a)(2)] for discussions related to all current collective bargaining with Council 94, Local 186.

Motion by Councilor William E. Gonyea. Seconded by Councilor Jacqueline Zahn. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.