Welcome to Burrillville, RI - 10-24-2007 Regular Meeting

REGULAR MEETING of the Burrillville Town Council held Wednesday, October 24, 2007 at 7:00 P.M. in the Town Council Chambers, 105 Harrisville Main St., Harrisville for and within the Town of Burrillville.

PRESENT: Council President Nancy F. Binns, Councilors Wallace F. Lees, Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe

Motion by Councilor Norman C. Mainville. Seconded by Councilor Wallace F. Lees. The motion carried, six in favor, one opposed. Voting in favor of the motion were Council President Nancy F. Binns and Councilors Wallace F. Lees, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe. Councilor Kevin M. Blais voted in opposition.

During the discussion of Good and Welfare, there was conversation among Councilors related to a complaint filed with the police department and a related newspaper story. There was discussion and disagreement on the nature of the allegations and the propriety of an elected official initiating the story. The Councilors discussed their responsibility to vote on all items before them, the relevance that a hearing loss has on the affected individual, that individual's responsibility to make sure he/she understands what is said and the Town's responsibility to provide accommodations for the hearing impaired.

Councilor Margaret L. Dudley reminded those present of the various fundraising projects being conducted by the Library Capital Campaign in support of the library project. Councilor Dudley also announced:

Council President Nancy F. Binns, Councilor Norman C. Mainville and Town Manager Michael C. Wood were congratulated on their birthdays.

Councilor Kevin M. Blais discussed the tragic fires in California, encouraging residents to assist in the situation and to attend to emergency preparedness in their homes.

07-313 MOTION to grant the petition of the National Grid Electric Company for pole locations, to locate and maintain poles, wires and fixtures, including the necessary sustaining and protecting fixtures along and across Whipple Avenue, in accordance with plan marked 3250412, with the stipulations that the poles must be located within the roadway right of way and a minimum of one and one half feet (1 ½') off of the edge of the existing pavement surface to avoid conflict with snow removal operations; and that, at the time of the installation of the new pole (#36 1/2), the adjacent pole (#36) be pulled back off the edge of the roadway if possible.

AMENDMENT TO THE MOTION: (to add) and that, if in the future the pole needs to be moved it will be moved at National Grid's expense and not the Town's expense.

VOTE on the motion, as amended, was unanimous. Voting in favor of the motion were Council President Nancy F. Binns and Councilors Wallace F. Lees, Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe.

07-314 VOTED to receive and file the correspondence from Thomas J. Kravitz, Town Planner/Economic Development Coordinator, regarding CDBG Notification Requirements.

Motion by Councilor Norman C. Mainville. Seconded by Councilor John M. Karmozyn, Jr. The vote was unanimous. Voting in favor of the motion were Council President Nancy F. Binns and Councilors Wallace F. Lees, Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe.

07-315 First reading of proposed amendments to the ordinances of the Town of Burrillville, 2004 revision, Chapter 16, entitled Offenses and Miscellaneous Provisions and Chapter 16.5, entitled Parks and Recreation; to consider scheduling a public hearing.

Motion by Councilor Wallace F. Lees. Seconded by Councilor Margaret L. Dudley. The vote was unanimous. Voting in favor of the motion were Council President Nancy F. Binns and Councilors Wallace F. Lees, Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe.

07-316 Reading of proposed amendments to the ordinances of the Town of Burrillville, 2004 revision, Chapter 4, entitled Animals, proposed §4-44. Dog waste; to consider scheduling a public hearing.

Motion by Councilor Wallace F. Lees. Seconded by Councilor Norman C. Mainville. The vote was unanimous. Voting in favor of the motion were Council President Nancy F. Binns and Councilors Wallace F. Lees, Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe.

07-317 VOTED to open the correspondence from Michael C. Wood, Town Manager, regarding a proposed Dam Management District ordinance.

Motion by Councilor Margaret L. Dudley. Seconded by Councilor John M. Karmozyn, Jr. The vote was unanimous. Voting in favor of the motion were Council President Nancy F. Binns and Councilors Wallace F. Lees, Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe.

Discussion: Michael C. Wood, Town Manager, provided background on issues that have arisen related to the Pascoag Dam and Pascoag Reservoir/Echo Lake. Mr. Wood explained the purpose of a dam management district. Mr. Wood suggested that the Town Councils of the towns of Burrillville and Glocester should indicate whether they support the proposal. If so, then the Ordinance Subcommittee and Administration would proceed with the drafting of a final proposal.

Councilor Kevin M. Blais raised concerns that the Town would gain liability through establishment of a dam management district. Timothy F. Kane, Town Solicitor, explained the purpose of a dam management district, saying that the Town would not take title to the dam and that any liability would remain with the owner.

Councilor Kevin M. Blais asked about the extent of fees that would be established. Councilor Margaret L. Dudley explained the authority of a dam management district to establish a budget and fees. Mr. Wood confirmed that the Town Council would have no authority in establishing fees, should an ordinance be adopted establishing a dam management district.

Councilor Blais acknowledged the rationale of residents wanting to control the dam and lake, but voiced concerns that the responsibility might fall to the town should a dam management district fail in their responsibilities. Councilor Margaret L. Dudley spoke of the abutters' interest in maintaining the dam.

Cynthia L. Roe of Lakeview Road addressed the Town Council from the audience as a resident. Ms. Roe spoke of the Council's responsibility to the residents who live on the lake. She spoke in support of establishing a dam management district, which she characterized as a solution to past problems with no impact on the Town. Ms. Roe indicated her belief that lake abutters would be willing to assume the responsibility.

WHEREAS, RIGL Title 45 Chapter 62 authorizes and empowers Town Councils to establish by ordinance one or more dam management districts and/or multi-municipal dam management districts; and

WHEREAS, the Pascoag Dam, consisting of the Main Dam and the West Dike, (the Dam) provides important values to the communities of Burrillville and Glocester, including the protection of public safety and private property; the protection of drinking water supplies and recreational opportunities; the preservation and enhancement of scenic beauty; and the conservation of fish and wildlife resources; and

WHEREAS, in order to protect the values that the Dam provides, the Dam must be properly operated, maintained, repaired and/or removed; and

WHEREAS, the costs of properly operating, maintaining, repairing and/or removing dams are often significant and recurring in nature; and

WHEREAS, the residents of the Town of Burrillville, and particularly those who reside in the proposed District, would benefit from the establishment of a Pascoag Reservoir/Echo Lake Dam Management District to fulfill these purposes.

NOW THEREFORE BE IT RESOLVED that we, the Town Council of the Town of Burrillville, hereby acknowledge the advantages of establishing a multi-jurisdictional dam management district, support the concept of the proposal, and respectfully request that the Ordinance Subcommittee and the Administration proceed with further research to finalize a proposed ordinance to establish a multi-jurisdictional dam management district for the Pascoag Dam, consisting of the Main Dam and the West Dike.

Motion by Councilor Norman C. Mainville. Seconded by Councilor Margaret L. Dudley. The motion carried, five in favor, two recusals. Voting in favor of the motion were Council President Nancy F. Binns and Councilors Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr. and Norman C. Mainville. Councilors Wallace F. Lees and Cynthia L. Roe recused.

Motion by Councilor Margaret L. Dudley. Seconded by Councilor Norman C. Mainville. The motion carried, five in favor, two recusals. Voting in favor of the motion were Council President Nancy F. Binns and Councilors Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr. and Norman C. Mainville. Councilors Wallace F. Lees and Cynthia L. Roe recused.

07-318 VOTED to refer to the Screening Subcommittee the application from Michael Stearns for reappointment to the Board of Assessment Review.

Motion by Councilor Wallace F. Lees. Seconded by Councilor John M. Karmozyn, Jr. The vote was unanimous. Voting in favor of the motion were Council President Nancy F. Binns and Councilors Wallace F. Lees, Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe.

VOTED to appoint Richard Rouleau, Kathan Mospaw, and Bertha L'Esperance as first alternate, second alternate and third alternate, respectively, to the Senior Center Feasibility Study Committee.

Note: Council President Nancy F. Binns recused on discussion and voting on the reappointment of Kelly Hunt to the Housing Authority. The gavel was passed to Council Vice President Wallace F. Lees, who announced the item.

Motion by Councilor Margaret L. Dudley. Seconded by Councilor Cynthia L. Roe. The motion carried, six in favor, one recusal. Voting in favor of the motion were Councilors Wallace F. Lees, Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe. Council President Nancy F. Binns recused.

VOTED to reappoint Alan Gerew, Alice Lavigne and Juliette Lopez to the Recreation Commission each for a three-year term to expire October 31, 2010.

07-321 VOTED to receive and file the correspondence from Michael C. Wood, Town Manager, regarding the consent order associated with the Gaulin litigation.

Motion by Councilor Norman C. Mainville. Seconded by Councilor Margaret L. Dudley. The vote was unanimous. Voting in favor of the motion were Council President Nancy F. Binns and Councilors Wallace F. Lees, Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe.

07-322 VOTED to receive and file the correspondence from Spectra Energy regarding the Algonquin Gas Transmission, LLC, East to West HubLine Expansion Project;

07-323 VOTED to receive and file the correspondence from Kathleen M. Silvia, City Clerk, Newport, regarding the Newport City Council's request for support of a resolution opposing the expansion of gambling hours of operation and the introduction of new forms of gambling at the Newport Grand facility.

Motion by Councilor Norman C. Mainville. Seconded by Councilor Kevin M. Blais. The motion carried, six in favor, one opposed. Voting in favor of the motion were Council President Nancy F. Binns and Councilors Wallace F. Lees, Kevin M. Blais, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe. Councilor Margaret L. Dudley voted in opposition.

Motion by Councilor Norman C. Mainville. Seconded by Councilor Wallace F. Lees. The vote was unanimous. Voting in favor of the motion were Council President Nancy F. Binns and Councilors Wallace F. Lees, Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe.