Welcome to Burrillville, RI

REGULAR MEETING of the Town Council held on Wednesday, December 14, 2005 at 7:10 p.m. in the Town Council Chambers, Town Building, 105 Harrisville Main St., Harrisville, for and within the Town of Burrillville.

2. VOTED to accept the minutes of the regular meeting held November 9, 2005, the workshops held October 5, 2005, November 9, 2005; the special meetings held October 15, 2005, November 5, 2005, November 21, 2005, November 28, 2005; and the show-cause hearing which commenced on November 28, 2005; and dispense with the reading of said minutes.

Motion by Councilor Margaret L. Dudley. Seconded by Councilor William A. Andrews. The motion was unanimous by the six members present. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.

Councilor Ronald E. Faford discussed the reception honoring Raymond D. George on his retirement from the Sewer Commission. Councilor Faford noted that the Town Council had voted to name the Waste Water Treatment Facility in honor of Mr. George and spoke of Mr. George’s long service to the town.

Michael C. Wood, Town Manager, extended the appreciation of Cheri R., Hall, Director of Parks & Recreation, to the Harrisville Fire Department for bringing Santa Claus to the Town Common.

Michael C. Wood, Town Manager, distributed a photograph of the Vactor truck delivered to the Town on December 14, 2005. There was a discussion of the use of the truck and federal regulations that resulted in the purchase of the truck.

05-364 VOTED to open the petition from residents and voters of Burrillville in protest of proposed changes to the intersection of Harrisville Main St. and Chapel Street.

Motion by Councilor William A. Andrews. Seconded by Councilor Margaret L. Dudley. The motion was unanimous by the six members present. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.

Discussion: David Marcotte, resident Wallum Lake Road and owner of Li'l General, Harrisville Main St., addressed the Town Council regarding his concerns with the proposed changes to the intersection of Harrisville Main St. and Chapel Street. Mr. Marcotte opposed the changes that would eliminate the left turn from Chapel Street to Harrisville Main St. and would “bump out” Chapel Street near Li'l General and the Town Building. Mr. Marcotte discussed concerns with increasing traffic on small side streets, bringing increased traffic to Callahan School Street, decreasing parking on Chapel Street, increasing ponding on Chapel Street, creating difficulty in plowing, and a loss of revenue to his store.

Amy Ricci of Cherry Farm Road suggested the intersection should not be changed, voiced concern about the impact on the Li'l General store, and speculated that changes to the intersection would impede RIPTA service. Norman C. Mainville, Round Top Road, discussed unsuccessful attempts to change this intersection in the 1960s or 1970s and suggested that the intersection should not be changed. Raymond Trinque of Pascoag spoke of current traffic patterns near the Callahan School, spoke of the importance of supporting local businesses as well as safe intersections.

Michael C. Wood, Town Manager, acknowledged the complexity of situation. Mr. Wood discussed the public hearings during which this matter had been considered, after which changes had been made to the proposed intersection. Mr. Wood outlined the purpose of the changes: to slow traffic, to ensure pedestrian safety and to improve overall public safety. Mr. Wood said that traffic engineers have determined that there would be no detriment to public safety.

Michael C. Wood, Town Manager, indicated that the project design and plan were complete and the bid was scheduled for January 2006. Mr. Wood cautioned against action that might compromise the project. There was further discussion of the problems that occur in traffic flow and pedestrian traffic at the intersection. Councilor Margaret L. Dudley suggested increased enforcement.

Councilor William A. Andrews noted that the prohibition of a left turn could be changed back if it did not work. Councilor Andrews supported the bump-outs, describing how they could discourage speeding. Councilor Jacqueline Zahn recognized the difficulties inherent in this type of decision and pointed out that the project has been under discussion at public hearings and open meetings for over three years.

Michael C. Wood, Town Manager, noted that the reconfiguration of the intersection is a state project; that the Town Council cannot change the plan but can request that the state make changes. Mr. Wood described the details and reasons for the proposed configuration, discussed earlier proposals and the changes made to accommodate public input.

Councilor Jacqueline Zahn asked for clarification on the Council’s ability to make changes. Michael C. Wood, Town Manager, pointed out that the Town paid for the design of the project and the state is moving forward with the project based on that design. Mr. Wood said that the Town would pay for any changes in the design, and then the Town would ask the state to consider the change. The cost and impact on the project would depend upon the scope of the change, he said. Councilor Zahn suggested that if the project presented a problem with traffic on Callahan School Street, it would have been discussed during earlier hearings.

Motion by Councilor William A. Andrews. Seconded by Councilor Nancy F. Binns. The motion carried, five in favor, one opposed, one excused. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Ronald E. Faford and William E. Gonyea. Councilor Margaret L. Dudley voted in opposition. Council President Wallace F. Lees was excused.

Further Discussion: Councilors William A. Andrews and Jacqueline Zahn indicated that the Town Manager should contact the state for discussion regarding whether it might be possible to change the plans without delaying or jeopardizing the project.

Motion by Councilor William A. Andrews. Seconded by Councilor Ronald E. Faford. The motion was unanimous by the six members present. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.

Motion by Councilor William A. Andrews. Seconded by Councilor Nancy F. Binns. The motion was unanimous by the six members present. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.

05-367 VOTED to adopt a proclamation honoring Stephen R. Lafaille of Harrisville upon his achievement of the rank of Eagle Scout; and an invitation to the Town Council to attend the ceremony honoring Mr. Lafaille.

VOTED to grant an entertainment licenses to GONYEA, Patricia A & Robert W, d/b/a Gonyea’s Tavern, in building owned by Patricia A. & Robert W. Gonyea, 150 Pascoag Main Street, Pascoag (Map 175, Lot No. 26).

Motion by Councilor William A. Andrews. Seconded by Councilor Margaret L. Dudley. The motion carried, five in favor, one recusal, one excused. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley and Ronald E. Faford. Councilor William E. Gonyea recused. Council President Wallace F. Lees was excused.

K & K’s Country Store & Creamery, LLC d/b/a K & K’s Country Store & Creamery, in building owned by Keith Demers, 390 Church St., Pascoag, (Map 157, Lot No. 27), subject to receipt of a certificate from the department of health and inspection by the Building Official;

Motion by Councilor Margaret L. Dudley. Seconded by Councilor William E. Gonyea. The motion was unanimous by the six members present. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.

05-371 VOTED to grant the renewal of rubbish licenses for the following in accordance with and subject to the provisions of Chapter 8, Article 5 of the Ordinances of the Town of Burrillville entitled Transporting Garbage or Rubbish, for a period of one year commencing January 1, 2006 and ending December 31, 2006 (License Fee $25.00 per vehicle; Bond $1,000.00.), as follows:

Motion by Councilor Nancy F. Binns. Seconded by Councilor William A. Andrews. The motion was unanimous by the six members present. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.

05-372 VOTED to open for discussion renewal of licenses for Junk Yards and the Collecting of Junk for 2006 for the following in accordance with and subject to the provisions Title 5, Chapter 21, Title 14; Title 31, Chapters 39 and 42 of the General Laws of the State of Rhode Island, 1956, as amended; said Licenses to expire December 31, 2006 (Junk Yard License – Fee $50.00 – Collecting of Junk License – Fee $5.00)

Motion by Councilor William A. Andrews. Seconded by Councilor William E. Gonyea. The motion was unanimous by the six members present. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.

Discussion: Councilor William A. Andrews asked whether the burned-out trailer owned by Edwin Reynolds had been moved. Councilor Andrews indicated that, since the trailer had been moved, he had no objection to granting the license.

VOTED to grant the renewal of a junk yard license to GONYEA, THOMAS E. d/b/a Gonyea’s Auto Inc., in building owned by Thomas E. Gonyea, 95 Ross Rd., Pascoag (Map 157, Lot 228), subject to payment of taxes.

Motion by Councilor William A. Andrews. Seconded by Councilor Nancy F. Binns. The motion was carried, five in favor, one recusal, one excused. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley and Ronald E. Faford. Councilor William E. Gonyea recused. Council President Wallace F. Lees was excused.

05-373 VOTED to grant Victualing House Licenses under provisions of Title 3, Chapter 7 and Title 5, Chapter 24, Section 1, GENERAL LAWS OF Rhode Island, 1956, as amended, be granted to the following for the period beginning December 15, 2005, as follow:

K & K’s Country Store & Creamery, LLC d/b/a K & K’s Country Store & Creamery, in building owned by Keith Demers, 390 Church St., Pascoag, (Map 157, Lot No. 27), contingent on receive of certification of the health department and inspection by the Building Official.

05-375 VOTED to open the correspondence from Richard A. Bernardo, P.E., Director of Public Works & Engineering Services, regarding a street alteration permit policy.

Discussion: Michael C. Wood, Town Manager, described the administrative policy that prohibits streets to be open for construction projects after November 15 until a set date in the spring, and asked the Town Council to endorse the policy. Walter J. Kane, Town Solicitor, agreed that the Town Council could endorse the policy but suggested that sanctions could only be imposed if it were adopted as an ordinance.

VOTED to endorse the policy prohibiting the excavation of any Town road from November 15 until March 15; to send the matter to the Ordinance Subcommittee for an ordinance review; with the exception of emergencies or hardships.

Motion by Councilor Nancy F. Binns. Seconded by Councilor Ronald E. Faford. The motion carried, five in favor, one recusal, one excused. Voting in favor of the motion were Councilors Jacqueline Zahn, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Councilor William A. Andrews recused. Council President Wallace F. Lees was excused.

Discussion: Walter J. Kane, Town Solicitor, explained that the Sewer Commission anticipated that two phases of the sewer construction would be complete in February or March 2006 and then residents would be able to tie into the system. The Sewer Commission, he said, would need to do an assessment to determine charges. Mr. Kane said that these phases are a portion of the original facilities studies and that during earlier phases residents paid a $10 per foot sewer assessment. Mr. Kane said that the Sewer Commission is recommending a $30 per foot assessment for these phases, which represents an equivalent to the $10 per foot; approximately 25 percent of the cost of installing the lines. Any money received would go to the Town to offset the cost. The Sewer Commission would hold public hearings before setting the assessment.

Further Discussion: Michael C. Wood, Town Manager, asked the Town Council for direction. While the Town Council has no authority over the assessment, their input would be taken at or before the public hearing. Mr. Wood indicated that the Town Council would have to deal with the budget impact of the assessments set by the Sewer Commission. Mr. Wood asked the Town Council to consider that impact. The original plan, assessments and the budget impact were discussed.

The motion carried, five in favor, one recusal, one excused. Voting in favor of the motion were Councilors Jacqueline Zahn, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Councilor William A. Andrews recused. Council President Wallace F. Lees was excused.

Discussion: Sandra Mundy, Director of the Jesse M. Smith Memorial Library, asked the Council to approve a level of funding for library operation. Ms. Mundy indicated that the approval would be necessary to accompany the OLIS application. The budget presented to the Town Council, she said, had been approved by the OLIS construction representative.

05-378 VOTED to open the correspondence from Thomas J. Kravitz, Town Planner and Economic Development Coordinator, to RI EDC, regarding a grant application for a Cleanup Loan which would be applied to Stillwater Mill Growth Center – Phase II Library.

Discussion: Michael C. Wood, Town Manager, noted that, in keeping with the Town Council’s policy, the grant application was being presented for review. Additionally, since there was potential for a matching-funds loan, Mr. Wood recommended Council endorsement of the application. Mr. Wood suggested that the loan would only be accepted if the terms were acceptable.

Motion by Councilor Nancy F. Binns. Seconded by Councilor Ronald E. Faford. The motion was unanimous by the six members present. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.

05-379 VOTED to open the correspondence from Michael C. Wood, Town Manager to Environmental Management Support, Inc., regarding Cleanup Grant, Stillwater Mill Complex Brownfields Site, Phase II – Jesse M. Smith Library.

Discussion: Michael C. Wood, Town Manager, said that this application had been presented to the Town Council as notification that the application had been submitted. No matching funds would be required.

05-380 VOTED to open the correspondence from Councilor Jacqueline Zahn, liaison to Burrillville Extended Care (BEC) Division, regarding Council consideration and approval of BEC Division by-laws.

Motion by Councilor Jacqueline Zahn. Seconded by Councilor William A. Andrews. The motion was unanimous by the six members present. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.

Walter J. Kane, Town Solicitor, noted that the ordinance that established the Burrillville Extended Care (BEC) Division required that the Board of Directors prepare by-laws. The by-laws were reviewed by the solicitor’s office and the Town Manager, he said. The Division officially begins operation on January 1, 2006. Councilor Jacqueline Zahn thanked the BEC Board of Directors, the staff and Cheri R. Hall, Director of Parks & Recreation, for their work on this issue.

Motion by Councilor Nancy F. Binns. Seconded by Councilor Margaret L. Dudley. The motion was unanimous by the six members present. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.

05-381 VOTED to authorize Cheri R. Hall, Director of Parks & Recreation, to withdraw funds in the amount of $3,500 from the Recreation Center Account to replace the Beckwith Bruckshaw Memorial Lodge/Burrillville Community Recreation Center sign.

Motion by Councilor William E. Gonyea. Seconded by Councilor Margaret L. Dudley. The motion was unanimous by the six members present. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.

Discussion: Norman C. Mainville of Round Top Road addressed the Town Council, noting that the Guard and Reserve are now the frontline troops; Mr. Mainville said that Council support recognizes that fact and supports the troops as a whole, whether they are employees and Town residents.

Discussion: Michael C. Wood, Town Manager, explained that the Town Council had appropriated $3,000 in FY2004-05 but that Tri-Hab had not requested the money, which had subsequently been returned to the general fund at the end of the year. The current request, he said, was for that $3,000. Councilor William A. Andrews discussed the service Tri-Hab provides the Town of Burrillville.

05-384 VOTED to receive and open the correspondence from the Burrillville Conservation Commission regarding alleged misuse of the Wallum Lake Canoe Launch Area; and the response of Col. Bernard E. Gannon, Chief of Police.

Discussion: Councilor Nancy F. Binns explained that there had been complaints during the summer about groups gathering and creating a nuisance in the area. Police patrols have been increased in the area during the summer.

Discussion: There was discussion of the availability of the building for non-profit groups at no charge and private groups at a reasonable charge. The schedule was to be set by members of the post. The agreement allows for some discretion on bookings for private functions.

VOTED to support the management agreement between the Town of Burrillville and Berard Desjarlais Post 88; and to authorize Michael C. Wood, Town Manager, to sign the agreement.

Motion by Councilor William E. Gonyea. Seconded by Councilor Nancy F. Binns. The motion carried, five in favor, one recusal, one excused. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Ronald E. Faford and William E. Gonyea. Councilor Margaret L. Dudley recused. Council President Wallace F. Lees was excused.

05-387 VOTED to receive and file the correspondence from Cheri R. Hall, Director, Parks & Recreation, regarding the resignation of Niki DeCubellis Brown from the Recreation Commission.

05-388 VOTED to receive and file the correspondence from Cheri R. Hall, Director of Parks & Recreation, regarding the resignation of Robert Wall from the Burrillville Extended Care Board of Directors.

Motion by Councilor Margaret L. Dudley. Seconded by Councilor Ronald E. Faford. The motion was unanimous by the six members present. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.

05-393 VOTED to refer to the Screening Subcommittee the application from Amy S. Ricci for reappointment to the Burrillville Extended Care (BEC) Board of Directors.

05-394 VOTED to open the correspondence from Councilor Margaret L. Dudley, regarding her request to discuss and act on amendments to §24-31 through §24-40 of the ordinances of the Town of Burrillville entitled Streets, Sidewalks and Other Places – Excavations.

Discussion: Councilor Margaret L. Dudley discussed a Council review of town roads, during which it was noted that after construction projects town roads were not always repaired to appropriate specifications. Councilor Dudley recommended amending the ordinance to require a higher standard.

05-395 VOTED to authorize the Finance Director to release the remaining balance in the DARE fund ($2,000) to the Harrisville Fire District for the purpose of assisting in the acquisition of AEDs for the Burrillville School System.

05-396 VOTED to open the correspondence from Louise R. Phaneuf, Town Clerk, regarding an interim review of Goals & Objectives adopted by the Burrillville Town Council on April 13, 2005.

Discussion: Michael C. Wood, Town Manager, noted that this would be an interim review of the two-year goals & objectives. He asked that the Town Council inform him if there were items that they would like to add to the document.

Discussion: John P. Mainville, Finance Director, explained that Ocean State Power had mistakenly made out the check to the police department when it should have been made payable to Harrisville Fire District. The check was deposited to the general fund and reissued to the Fire District.

05-399 VOTED to accept a grant from The Champlin Foundation in the amount of $250,000 to the Jesse M. Smith Memorial Library toward the cost of constructing a new library and to send a letter of thanks to the foundation.

05-400 VOTED to receive and file the correspondence from Michael E. Gingell and Barbara A. VonVillas, Ph.D., Superintendent of Schools, regarding the School Committee’s authorization for a bonfire on December 31, 2005.

05-402 VOTED to open the correspondence from the State of Rhode Island, Substance Abuse Treatment and Prevention Services regarding changes in RIGL 3-7-6.1 with respect to Alcohol Server Training.

Discussion: Councilor Jacqueline Zahn explained that, effective in January 2006, Alcohol Server Training will become mandatory for licensed liquor establishments who hold class B, C D, J, N and P licenses.

05-403 VOTED to receive and file the correspondence from the State of RI, Office of Housing and Community Development, regarding their approval of the Town’s request to 1) extend its CDBG programs and 2) reallocate funds from the CDBG programs.

05-406 VOTED to support the resolution of the Town Council of the Town of North Kingstown related to increased funding, prevention, education, treatment and research relative to Lyme and other tick-borne diseases.

05-407 VOTED to support a resolution of the Charlestown Town Council relating to their opposition to an application by National Grid to increase electric utility rates.

Motion by Councilor William E. Gonyea. Seconded by Councilor Ronald E. Faford. The motion was unanimous by the six members present. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.

05-408 VOTED to receive and file the correspondence from Charles A. Horbert, Permitting Supervisor, D.E.M. regarding insignificant alteration permit – application #05-0423.

05-409 VOTED to grant the request for Executive Session from Michael C. Wood, Town Manager, pursuant to Rhode Island Open Meeting Law [42-46-5 (a)(5)] for discussion and considerations related to the acquisition, sale or exchange of real property; and [42-46-5 (a)(2)] for review and discussions relating to litigation matters and [42-46-5 (a)(2)] for discussions pertaining to IBPO collective bargaining.

Motion by Councilor Margaret L. Dudley. Seconded by Councilor Nancy F. Binns. The motion was unanimous. Voting in favor of the motion were Councilors Jacqueline Zahn, William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Council President Wallace F. Lees was excused.