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09-04-2003 Council Workshop - Charter
WORKSHOP SESSION of the Town Council held Thursday, September 4, 2003 at 7:05 pm. in the Council Chamber, Town Building, Harrisville for and within the Town of Burrillville.

MEMBERS PRESENT:  Council President Wallace F. Lees, Councilors Jacqueline Zahn, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.

MEMBERS ABSENT: Councilor William A. Andrews was excused.


Relative to discussing the potential property tax impact of proposed Route 102 zoning changes and options for Town Council consideration.

Michael C. Wood, Town Manager, described the two-year process of developing a plan to address economic development along Route 102, while preserving the character of the Town.  He reviewed residents’ concerns that rezoning would result in an unfair, adverse impact on taxes.  The tax assessor had reviewed all properties that would be affected by the proposal and determined that there would be a direct impact on very few properties.  

James Drew, Tax Assessor, reviewed his report, which is on file with the record of the meeting.  The affected properties were grouped into five categories, four of which would be unaffected by the proposed changes.  He briefly explained the categories that would not be affected.

Mr. Drew addressed the category of “Residential Homes”, which, he said, would be of the most concern to property owners.  He emphasized that the proposal would not affect assessed value in this category, since the property would continue to be assessed by the current residential use.  He discussed that there might be a coincidental increase in the assessed value due to the current revaluation.  

Michael C. Wood, Town Manager, elaborated briefly on the process of revaluation, which normally results in an increased assessed value.  He discussed the necessity of conveying this information clearly to the property owners.  

Councilor Edward F. Bonczek pointed out that most taxpayers are less interested in the assessed value than in the total taxes due on the property.  He discussed the importance of the fact that owners of residential homes would continue to be taxed at the current residential use.  

The only category that might be affected was identified as “Vacant Residential”.  This classification would change to Commercial/Industrial, he said.  The assessed value of these parcels might be subject to a change in assessed value.  According to Mr. Drew, any potential tax increase should be offset by an increase in market value and enhanced marketability of any parcels involved.

Walter J. Kane, Town Solicitor, discussed the tax assessor’s practice of assessing parcels by use rather than zoning.  For example, if a property were used for a residential home, the property would be assessed as residential property.  James Drew, Tax Assessor, confirmed that this is appropriate assessment practice under State law.  Mr. Kane also said that vacant, stand-alone property would be subject to assessment as commercial property.  Walter J. Kane, Town Solicitor, suggested that the Town Council could pass a resolution urging the tax assessor’s office to continue their current practice, i.e. that property use is the determining factor for the assessment of the property.

Relative to discussing recommended changes to the Burrillville Town Charter and the possibility of scheduling a special election.

Council President Wallace F. Lees requested input from Michael C. Wood, Town Manager, relative to proposed amendments to the Town Charter.  Michael C. Wood, Town Manager, commended the Charter Review Commission for thorough and well-done job.  He suggested there might be several areas that he believed deserved further consideration

Walter J. Kane, Town Solicitor, reviewed a document that he had prepared which reflected comments made at an earlier workshop of the Town Council.  He indicated that, since no votes are taken at the workshop, this document reflected his impression of the Town Council’s intent.  

Town Council §3.15  – Powers and Duties
Proposed Language:
(J) For the appropriation and/or transfer of money

The transfer, appropriation or loan OF money from the unreserved undesignated balance of the general fund shall require the affirmative vote of six (6) member of the Town Council. However, when the Town Council shall declare the existence of an emergency then five (5) votes in the affirmative shall be required.

There was considerable discussion of whether the affirmative vote of five or six members of the Town Council should be required to transfer, appropriate or loan money from the unreserved, undesignated balance of the general fund.  Additionally, the Council discussed whether there should be provisions for an emergency if six votes were required.  There was no apparent consensus on the matter.  Since the Town Council would be reviewing and voting on all proposed amendments at a future regular council meeting, alternative stipulations would be prepared for their consideration.

Department of Records §4.02 – Duties
Proposed Language:
(E) The Town Clerk shall be the repository of copies of approved minutes of all town boards, committees, including the school committee, commissions and agencies. Such records shall be maintained by the clerk in a centralized area and be accessible to the public.

This change met the intent of the Town Council, with no discussion.  In addition, there were several proposed changes throughout the document that required boards, committees, commissions and agencies to keep records of all proceedings and provide certified copies of approved minutes to the town clerk.  Each of these proposals seemed generally acceptable to the Town Council.

Town Manager §5.01 – Appointment, Qualifications, Compensation
Proposed Language:
The Town Manager may be reappointed by the Town Council for terms from one to five years.

There was a lengthy discussion of the appropriate term for the town manager. Among the suggestions were one to five, two to five or three to five.  Michael C. Wood, Town Manager, explained the reasons he believed a one-year term would interfere with the Council/Manager structure of government. There was no apparent consensus on the matter.  Alternatives would be presented to the Town Council at a future meeting.

Finance Department §8.08 – Town Treasurer and Deputy Town Treasurer
Proposed Language:
"...shall give bond, or be covered by insurance in such and with such sureties as the Town Council shall prescribe, for the faithful performance of the duties of such office. ..."

This change, requested by the Finance Director, met with no objection.

Personnel Board §10.02 – Appointment, Terms and Vacancies
Proposed Language:
Strike the last sentence:  “Members of the Board shall serve with their compensation, if any, to be set by the Town Council.”

The Town Council generally agreed that the phrase was unnecessary.

Department of Information Services §8.3 – Duties
Proposed Language:
Section 9.10 Internal Information System. Notwithstanding the provisions of Section 9.01 and 9.02 of this Article, the internal information needs of each Department including the School Department and the Sewer Department shall be determined solely by the Department Head. The control of internal information systems shall be the sole responsibility of the individual departments.

Walter J. Kane, Town Solicitor, described his belief that there is a need to centralize management of electronic records while balancing the need for specialized areas (such as the school and sewer departments) to acquire appropriate hardware and/or programs.  He recommended consideration of the Town Manager’s recommendation, as follows:

Under the supervision of the Town Manager, the Information Services Manager is responsible to coordinate and manage all system-wide computers, networks, communications, service delivery systems and other technology providing information services to all departments, agencies, boards and commissions of the Town, School and Sewer Departments.

To efficiently and effectively direct and coordinate technical support, communications, interfacing between the general public and town services, security and protection of all electronic data, hardware, and peripherals.  

Personnel - §10.08 Dismissals, Demotions, Suspensions
Proposed Language:
Unless otherwise provided in a collective bargaining agreement, when an employee is dismissed, demoted or suspended, said employee shall be entitled to file an appeal in writing within ten (10) days of such a dismissal, demotion or suspension to the Town Council. Within twenty (20) days from filing such appeal, the Town Council shall set a date to give the person an opportunity for a hearing before the Town Council. The hearing shall be public at the option of the person making the appeal. The decision of the Town Council shall be final.

According to Walter J. Kane, Town Solicitor, the proposed language before the Town Council was a result of the Town Council’s inclination to modify the appeal process should an employee be dismissed, demoted or suspended.  He pointed out that Michael C. Wood, Town Manager, had prepared an alternate proposal, which included more comprehensive language.  Michael C. Wood, Town Manager, briefly explained the following proposal:
Unless otherwise provided in a collective bargaining agreement, the Town Clerk, Chief of Police and department heads as specified in this charter shall discipline, dismiss, demote and suspend employees assigned to his/her department. Prior to the implementation of the action to be taken, the employee shall be entitled to file an appeal with the Town Manager when dismissed, demoted or suspended. The appeal shall be made to the Town Manager within ten (10) days of the notification to the employee of the action to be taken.

The Town Manager shall grant the employee making the appeal an opportunity for a hearing. A decision shall be rendered within thirty (30) days from date the request is received by the employee.

The Town Manager may take direct action to discipline, suspend, dismiss or demote any employee if he/she deems it to be in the best interest of the Town. Any action to suspend, dismiss or demote an employee taken directly by the Town Manager shall be appealable to the Town Council as specified below.

The Town Manager shall discipline, dismiss, demote and suspend the Town Clerk, Chief of Police and department heads as designated by this charter. Prior to the implementation of the action to be taken, employees who are dismissed, demoted or suspended may, within ten (10) days of the notification to the employee of the action to be taken, file an appeal of the decision to the Town Council with the Town Clerk.

The Town Council shall grant the person making the appeal a hearing and convene the hearing in accordance with the open meeting laws before the Town Council within twenty one (21) days from the date of filing with the Town Clerk.

The Town Council shall render a decision within thirty (30) days from the completion date of the hearing.

The Town Manager may, if he/she believes it is in the best interest of the town, suspend any town employee with pay until the appeal is heard and a decision rendered.

This Manager’s proposal was discussed at some length and seemed to conform to the Town Council’s objective for the section.

Personnel Board §10.10 – Search Committees
Proposed Language:
Whenever the Town Council, School Committee, or any Board or Commission shall deem it necessary to form a search committee for the purpose of recommending individuals for employment positions within the Town of Burrillville, the chairman of the Personnel Board or his/her designee, shall be a voting member of such search committee.

There was a lengthy discussion of the proposal.  Ultimately, the proposal seemed suitable.

School Committee §12/10 – Power and Duties
Change is underlined:
(C) The appointment and removal of all school employees and fixing of salaries shall be made by the School Committee, upon recommendation of the Superintendent of Schools, except as may be provided otherwise by the laws of the State. The School Committee, after consultation with the Town Council, shall establish wages, salaries and benefit programs for classified non-certified school employees which are consistent with wage and salary and benefit programs currently in effect or proposed for a similarly-rated classification in the classified employment of the Town of Burrillville. Except for the purpose of inquiry, the School Committee, as far as is consistent with the laws of the State, shall deal with the administration of the public schools solely through the Superintendent of Schools and neither the School Committee nor any member thereof shall give orders to any subordinate of the Superintendent of Schools, either publicly or privately. All details of administration, except as noted above, shall be handled by the Superintendent or other administrative officers to whom he/she delegates...

In discussion, it became apparent that the Town Council’s intent was to provide for discussion about proposed wages and benefits for all employees, including teachers.  The section would be further amended before presentation to the Town Council at the regular meeting.

Department of Planning & Development §13.07 – Appointment, Terms and Vacancies, Zoning Board of Review
Eliminate last sentence:
A vacancy shall exist if a member dies, resigns, ceases to be a full-time resident of the Town or is removed for cause by the Town Council following a public hearing.

The Town Council generally agreed that the phrase was unnecessary.  Kevin Menard, Chair, Charter Review Commission, mentioned that the sentence is included in many descriptions.  Walter J. Kane, Town Solicitor, suggested that perhaps the term “vacancy” should be defined in the general provisions of the Charter and this phrase deleted throughout the document.

General Provisions §20.1 – Definitions
Proposed language:
(H) Alternate Member. The alternate members shall be designated as the first and second alternates. The alternate members shall sit and may actively participate in hearings and meetings. The alternate member shall be considered a member for constituting a quorum. The first alternate shall vote if a member is unable to serve at a hearing or meeting. The second alternate shall vote if two members of the board are unable to serve. In order for an alternate member of the Planning Board or the Zoning Board to vote on a zoning issue or the approval of any stage in the subdivision process that requires a public hearing the alternate must be in attendance at the public hearing(s).

Walter J. Kane, Town Solicitor, suggested that the term “auxiliary member” should be replaced by the term “alternate member” throughout the Charter and that this definition should be added to the general provisions.  The Town Council seemed to agree.

General Provisions §20.02 – Term of Office:  
This section applies to a number of appointments made by the Town Council at their organizational meeting.  Since many boards and commissions appointed by the Town Council have staggered terms that begin at varying dates, it was suggested that this section be amended to include the phrase “…members of boards, commissions or committees not appointed for a specific term …”.

Personnel Board
Michael C. Wood, Town Manager, requested that the Town Council consider certain requirements of the Personnel Board section of the Charter.  The Charter currently does not delineate what level of employee for which the Personnel Board is responsible.  He recommended that this responsibility should be limited to full-time, permanent employees who work 35 hours per week or more.

Michael C. Wood, Town Manager, also indicated that the administration requires increased flexibility in the number of candidates provided by the Personnel Board to the Town Manager.  The current Charter requires that the names of three candidates be submitted to the Town Manager.  He recommended the language could be eliminated or, at a minimum, provide the Town Manager with the authority to review more candidates.  He further suggested the possibility of authorizing the Town Manager to become more involved in the pre-screening process.  There was considerable discussion of the problems that arise from the current, limited system.

Walter J. Kane, Town Solicitor, suggested that the last sentence of §10.09 Implementation could be deleted.  He proposed that the new language could provide for the Town Council to adopt a process by ordinance, allowing increased flexibility and change as needed.

Walter J. Kane, Town Solicitor, outlined the remainder of the process.  He would finalize a list of proposed changes for the Town Council to consider and vote upon.  The Town Council would then schedule public hearings, after which the Town Council may make final changes before the referenda were put before the voters.

Council President Wallace F. Lees called a short recess.  The workshop reconvened at 9:10 p.m.


Relative to reviewing a presentation by the Town Administration and discussing economic development and land use planning initiatives throughout the Town of Burrillville.

Thomas J. Kravitz, Director of Planning & Economic Development, showed a slide presentation detailing the Town of Burrillville Economic Development and Land Use Planning Initiatives.  A hard copy of the presentation is on file with the record of the minutes.  The purpose of the presentation was to illustrate projects that are underway and discuss initiatives behind the planned development.

Burrillville Commerce Park:  The planning process for the Burrillville Commerce Park, he said, is nearing completion.  This initiative allowed Daniele Prosciutto to remain in Burrillville for their major expansion.

Industrial Property Development:  Mr. Kravitz briefly described the proposal to rezone select properties to maximize skilled employment opportunities, minimize traffic and protect village service sector businesses.  This effort is consistent with the Route 102 Development Management District.  The intention is to focus retail in the village centers, in keeping with the Comprehensive Plan.  Among the reasons for developing across from the Burrillville Commerce Park is access to utilities.

Route 102 Development Management District – Overlay Zone:  Mr. Kravitz displayed a slide of the Route 102 Development Management District – Overlay Zone.  He stressed that the intended jobs for the area include manufacturing and office jobs as opposed to retail jobs.  The highlights of the plan, he said, include minimizing traffic impacts.  For example, access on Victory Highway rather than Bronco Highway, whenever possible, promotes safety.  Generally, the plan includes manufacturing at the southern part of the district and offices on the east quadrant.    Michael C. Wood, Town Manager, explained that the zoning changes required for the overlay district would be scheduled for public hearing shortly.

Thomas J. Kravitz, Director of Planning & Economic Development, described new businesses that have worked closely with the planning department to achieve development in compliance with regulations.  Included were International Ventures, Inc. on Route 102 and Supreme Mid Atlantic Corp. on Route 7.  He briefly explained the efforts of these businesses to comply with local regulations, including landscaping, lighting, parking and sewer extension.

Clear River Industrial Corridor:  The Clear River Industrial Park, the main piece of the corridor that is being marketed by the Industrial Foundation of Burrillville, was discussed.  Three lots had received final planning board approval and two buildings had been constructed.  Mr. Kravitz briefly addressed the Town’s building standards, which maintain an appropriately attractive appearance.

Village Redevelopment Projects

Stillwater Mill Complex, Harrisville:  Thomas J. Kravitz, Director of Planning & Economic Development, mentioned that there had been a public workshop and that another was scheduled shortly.  He encouraged those present to attend the Stillwater Mill Complex workshop.  Michael C. Wood, Town Manager, briefly addressed recent market studies for the area and how these studies may affect the original plan for the complex.

Mr. Kravitz discussed the nearly six million dollars in Federal grants and subsidies for the Stillwater Heights project. He said that groundbreaking for the subsidized senior apartments is tentatively scheduled for the fall of 2003, pending receipt of final land development approval.  

The Town has been awarded two grants totaling nearly $120,000 for environmental assessment at the eastern portion of the Stillwater Mill Complex.  Those studies will support The Community Builders in their HUD Brownfields Economic Development Initiative (BEDI) Section 108 application, focused on mill building #4, known as the clock tower building.  Mr. Kravitz explained briefly how these funding programs work and the advantages of moving forward with several sections of the project at once.

Downtown Pascoag Revitalization Area:  The Burrillville Redevelopment Agency and the Downtown Pascoag Association are partners in developing a second master plan for downtown Pascoag.  The master plan will involve revision/expansion of the Downtown Pascoag Action Plan.  Like Stillwater, the master plan will require a public process and, ultimately, Town Council approval.  The funding for the Pascoag project was explained.  Thomas J. Kravitz, Director of Planning & Economic Development, briefly described some of the programs that are being offered to Pascoag businesses and outlined plans for additional programs that would encourage the business owners to seek improvements in keeping with the master plan.

96 Pascoag Main Street:  Redevelopment of 96 Pascoag Main Street, using CDBG and Town CIP funding, is underway.  The structure will be resold as a mixed-use building; there will be a residential use restriction for the second floor.  The building will then be sold, with proceeds to benefit the building rehabilitation revolving loan account.

Dunkin’ Donuts:  Thomas J. Kravitz pointed to Dunkin’ Donuts as a significant redevelopment project and prime example of historically sensitive new construction.  The plan for the building is similar in design to other local buildings.  The purpose of the revitalization is to replicate the existing structures, which have tremendous character, according to Kravitz.

Village Planned Development:  Thomas J. Kravitz, Director of Planning & Economic Development, briefly readdressed the proposed village planned development ordinance, which was discussed in greater detail at an August 18, 2003 workshop.

Land Use Controls & Zoning Changes:  Thomas J. Kravitz, Director of Planning & Economic Development, provided an overview of land use controls and zoning changes.  He informed the Town Council that the Comprehensive Plan was being revised, supported by a series of planning workshops held throughout the summer.  He said that the subdivision and land development regulations have been rewritten to provide a distinction between the subdivision and land development processes.

Complimentary Projects:  Other projects briefly reviewed were the Route 107 Streetscape Improvements, the potential Pascoag Grammar RFP and the Pascoag sidewalk improvements.

In conclusion, Mr. Kravitz acknowledged the role of teamwork in these accomplishments, the progressive attitude of the Town Council and the benefits to the Town of this approach to planning.  Walter J. Kane, Town Solicitor, concurred.

Councilor William E. Gonyea commented on the Pascoag sidewalk project and asked whether the revision of the island on Laurel Hill Road was included.  Michael C. Wood, Town Manager, affirmed that the revision was included in the current Centennial Street project.

VOTED to adjourn at 10:00 p.m.

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

The meeting was taped.  The tape is on file with the minutes.

                          
Louise R. Phaneuf, Town Clerk





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Burrillville Town Hall: 105 Harrisville Main St. Harrisville, RI 02830
Phone: (401) 568-4300