Welcome to Burrillville, RI - 5-14-2008 Regular Meeting

REGULAR MEETING of the Burrillville Town Council held Wednesday, May 14, 2008 at 7:00 P.M. in the Town Council Chambers, 105 Harrisville Main St., Harrisville for and within the Town of Burrillville.

2. VOTED to accept the minutes of the regular meeting held April 23, 2008; the workshop held April 23, 2008; the public hearings held April 23, 2008; and the workshop held April 30, 2008 and dispense with the reading of said minutes.

Motion by Councilor Norman C. Mainville. Seconded by Councilor Wallace F. Lees. The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

Michelle Badessa of Glendale renewed a complaint related to commercial vehicles stored on residential property. Council President Nancy F. Binns noted that the owner had been contacted. Michael C. Wood, Town Manager, said that he would follow up on May 15, 2008.

Stephen N. Rawson, Chairman, Burrillville Conservation Commission, commented on the second Welcome to Burrillville sign that had been erected on Route 102 near the Burrillville/Glocester boundary.

Councilor Margaret L. Dudley announced that Berean Baptist Church would sponsor an Ocean State Follies performance at 7:00 P.M. on Saturday, May 17, 2008 at the Burrillville High School auditorium and that the Carillons would perform their annual spring concert at the Good Tidings Church at 7:00 p.m. on Saturday, May 17, 2008.

Michael C. Wood, Town Manager, credited the Conservation Commission for installing the first Welcome to Burrillville sign and acknowledged the Commission's undertaking of the beautification of both locations.

" Announced that the Burrillville Glocester Youth Soccer Association (BGYSA) needs volunteers for their Festival on Saturday, May 31 and Sunday June 1, 2008 at the BGYSA Complex on Route 44 in Glocester.

" Announced the Burrillville Veterans' Memorial Services on May 25, 2008 at 1:00 P.M. at Burrillville High School and Memorial Day Ceremonies on Monday, May 26, 2008 at 9:30 A.M. at the Berard-Desjarlais monument and at 11:00 a.m. at Freedom Park.

Richard Dionne of the Burrillville Land Trust, noted that the Farmers' Market, co-sponsored by the Land Trust, was scheduled to begin on Saturday, May 17, 2008 on the grounds of the A.T. Levy School. Mr. Dionne said that volunteers are needed to coordinate the event.

WHEREAS, The 2007-2008 Burrillville Varsity Hockey team began their season in the newly renovated Levy Rink under the direction of a new coaching staff which included head coach Steve Daigle and assistant coaches Mike Keable, Joe Mattera, Dave Farrell and Steve Koprusak; and

WHEREAS, Despite the absence of their teammate center Kristopher Plante who was seriously injured in an automobile accident just days before the Championship games, the Burrillville Broncos rallied to sweep the playoffs with back to back victories over Barrington, claiming their first State Championship in three years; and

WHEREAS, The Burrillville Bronco Hockey team has brought further honor and recognition to the community by being named the Sportsmanship Team of the Year by the Rhode Island Interscholastic League Referee Association and by having five of their team members make All Division.

NOW THEREFORE BE IT RESOLVED that we, the Town Council of the Town of Burrillville on this 14th day of May, 2008 do hereby honor and commend the Burrillville Bronco Varsity Hockey Team, their Coaches and Staff for their outstanding record and their Championship win.

BE IT FURTHER RESOLVED that we, the Town Council of the Town of Burrillville ask the citizens of the Town of Burrillville to join them in extending the Burrillville Broncos, their Coaches and Staff sincere best wishes for future success.

The 2007-2008 boys varsity hockey season started in November with a new coaching staff. The newly refurbished Levy community rink further contributed to the idea of a new beginning. The coaches weren't sure what to expect from the prospective team. We explained to the students trying out for the team that this was a fresh start. We had no preconceived expectations for anyone. Every roster spot was up for grabs. The kids all practiced hard, and slowly … sometimes very slowly, they began to understand and play the style of hockey we preached.

Our first game, a non-league injury fund game against Smithfield, a Division Two team, provided a good eye opener for the players. We just barely beat them. The team continued to practice hard. The regular season opened at Levy with a close loss to Barrington, 3-2. The following night, Hendricken blew us out 10-1 in Warwick. More than a few chins were down amongst the players after the game. Time to head back to Levy and practice some more.

It was time to get serious. The coaches kept emphasizing the need to keep a positive attitude. The kids continued to work hard. One win became two wins. A few more wins and people started to take notice. Oooh, … the kids liked winning. Chins were back up. Now no one wanted to lose again. The players began to come together and play as a TEAM. A big crossover win against Division One opponent Moses Brown provided a big boost. Ahhh, the benefit of having our own rink to practice in works miracles.

After the first weekend, the team would lose only two additional games, Mount St. Charles and a very close game with Lasalle, both Division One teams. We beat Toll Gate, another Division One team, and swept our invitational tournament. The team had come together for the playoffs on a roll. Now the kids believed in themselves. Their efforts on the ice and in the classroom increased. It had become evident to them that we had a chance to win the championship. If they wanted to participate, and they surely did, they would have to make sure their grades were up to snuff. It was impressive to see them turn it up a notch; not on the ice, but in the classroom. As we had told them repeatedly, hockey will be small part of your future and likely will end shortly; your education will be forever.

Many things in life are unpredictable … and sometimes unpleasant. Two days before we began the quest for the championship at Providence College, Kristopher Plante, a senior, sustained life threatening injuries in an auto accident. The realization that hockey is but a small part of our lives hit home. A team that played well on the ice now had to play well in the more important game called life. They were up to the challenge. The boys began the process of becoming men. With Kris in their thoughts, the team dug deep, playing their best game of the year in the final game and swept the series against Barrington to win the championship. One more mission had to be completed. Immediately after the game, the entire team went to RI Hospital to present Kris with his championship medal. A life transforming season.

Head Coach Steve Daigle compliments his coaching staff Mike Keable, Joe Mattera, Dave Farrell, and Steve Koprusak for their commitment and dedication toward making the Burrillville Broncos State Champions once again.

The 2007-2008 State Champions were selected as the Sportsmanship Team of the Year by the RIIL Referee Association. Coach Daigle gives credit to his team for the commitment in making Burrillville the best hockey team in the state.

The coaches would also like to thank the town and the fans for their support and loyalty. Without them, we would not have the long standing tradition which equates Burrillville with hockey!

Council Vice President Wallace F. Lees asked team members and coaches to come forward. Kristopher G. Plante was congratulated on his recovery from a serious accident on the eve of the 2008 playoff season. Council Vice President Lees recognized the team.

Motion by Councilor Margaret L. Dudley. Seconded by Councilor John M. Karmozyn, Jr. The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

Motion by Councilor Kevin M. Blais. Seconded by Councilor Margaret L. Dudley. The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

WHEREAS, more than one million paid and volunteer professional fire fighters nationwide make countless contributions and sacrifices for their fellow citizens. These brave Americans well deserve our gratitude and public recognition; and

WHEREAS, September 11, 2001, was a defining moment in American history. During the 911 attacks, the nation lost over 400 emergency workers, including 343 firefighters. These outstanding heroes pledged to serve us; and they did so with great courage and honor on 911; and

WHEREAS, many other firefighters have given their lives through their service to their communities, and all daily risk death or injury to preserve the lives of others and to protect their communities.

NOW THEREFORE BE IT RESOLVED that we, the Town Council of the Town of Burrillville do hereby declare September 11 as Burrillville Firefighters' Day, and I urge all residents to observe this day with appropriate ceremonies and activities; and

BE IT FURTHER RESOLVED that we, the Town Council of the Town of Burrillville, call upon the Rhode Island General Assembly and the Governor of the State of Rhode Island to declare September 11 as Rhode Island Firefighters' Day and to support the designation of September 11 as National Firefighters' Day; and

BE IT FURTHER RESOLVED that we, the Town Council of the Town of Burrillville, call upon the Congress of the United States to designate September 11 as National Firefighters' Day and provide for appropriate ceremonies and observations of the day.

08-146 VOTED to open the correspondence from Stephen N. Rawson, Chairman, Burrillville Conservation Commission, regarding the joint Recreation Open Space Bond Issue Committee's appeal for a bond issue referendum in November 2008; and the recommendation of Michael C. Wood, Town Manager.

Motion by Councilor Wallace F. Lees. Seconded by Councilor Margaret L. Dudley. The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

Discussion: Stephen N. Rawson, Chairman, Burrillville Conservation Commission, representing the joint commission of the Conservation Commission, Recreation Commission, and Burrillville Land Trust, requested that the Town Council include a bond issue referendum on the November 2008 ballot. Mr. Rawson recalled the foresight of Mrs. and Mrs. Austin T. Levy, the contributions made by earlier Town Councils, and encouraged the Town Council to reflect the Levys' vision. Mr. Rawson reviewed the benefits of protecting open space, as discussed at earlier workshops. Mr. Rawson discussed the acquisition of the Spring Lake Beach Recreational Area as a positive example of Council actions that utilize state funding to protect open space. Mr. Rawson cited the passage of past referendum and recommended that the question be put to the voters.

Michael C. Wood, Town Manager, acknowledged the efforts of the joint commission, recognized the purpose of the proposal, discussed the impact of tax cap statutes on possible bonding, and discussed the Town Council's role in setting priorities for various projects. Mr. Wood referenced the open space analysis prepared by John P. Mainville, Finance Director (a copy of which is on file with the record of the meeting). Mr. Wood discussed the benefits of the concept under discussion and the process of establishing a program for targeting properties to be conserved. He suggested that if the Town Council decided to move forward, additional administrative efforts would be required to result in an equitable program that would address all needs.

Councilor Norman C. Mainville supported a long-term approach, suggesting that a plan should be in place for best use of potential grants. Councilor John M. Karmozyn, Jr. agreed, speaking in favor of preserving open space and suggested that the taxpayers should decide.

Councilors Margaret L. Dudley raised concerns of the impact on the Town's bond rating, echoed concerns related to tax cap statutes, and suggested it would be misleading to taxpayers to include a referendum when bonding would be unaffordable. Councilor Kevin M. Blais concurred, pointing to hard financial times for taxpayers and agreed that the question should be delayed. Council President Nancy F. Binns agreed that the question should be deferred, due to the state's financial situation. Council President Binns noted that there is still $500,000 funding available from a previous authorization. Councilor Wallace F. Lees discussed the importance of supporting open space and the difficulty of decisions that affect all taxpayers. Each Councilor spoke in strong support of preserving open space but also supported proper timing.

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

Motion by Councilor Margaret L. Dudley. Seconded by Councilor Wallace F. Lees. The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

MOTION to form a subcommittee of two Town Council members with the Manager and the Treasurer; and those four people meet with the Department Heads and the other employees who have town cars right now; and have that subcommittee formulate some recommendations for the Council, where we are fair to our employees but we also look at ways we can possibly save money.

Point of Order: Councilor Margaret L. Dudley raised the point that the comments were unrelated to the motion. Council President Nancy F. Binns ruled that Councilor Blais could conclude his comments.

Councilor Blais suggested that the current vehicle use policy appears to be in violation of the Town Charter. Council President Nancy F. Binns disagreed, noting that town vehicles are not taken for personal use.

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

Discussion: Councilor Norman C. Mainville said that he believed that the vehicle use policy is appropriate and properly implemented. Michael C. Wood, Town Manager, objected to the implication that there is a charter violation related to the vehicle use policy. Council President Binns suggested that the matter should be an administrative policy established by the Manager.

Motion by Councilor John M. Karmozyn, Jr. Seconded by Councilor Wallace F. Lees. The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

Motion by Councilor Wallace F. Lees. Seconded by Councilor John M. Karmozyn, Jr. The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

Motion by Councilor Norman C. Mainville. Seconded by Councilor John M. Karmozyn, Jr. The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

08-152 VOTED to open the correspondence from Council President Nancy F. Binns regarding her recommendation that the Town Council consider and act on appointing a Council liaison to the Zoning Board of Review.

Motion by Councilor Norman C. Mainville. Seconded by Councilor Margaret L. Dudley. The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

08-153 VOTED to open 2008 - H 8226, An Act relating to Towns and Cities - Dam Management Districts; introduced at the request of the Towns of Glocester and Burrillville by Reps. Pacheco, Church, and Winfield on April 30, 2008.

Motion by Councilor Margaret L. Dudley. Seconded by Councilor John M. Karmozyn, Jr. The motion carried, five in favor, one recusal, one excused. 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. Councilor Wallace F. Lees recused. Councilor Cynthia L. Roe was excused.

Discussion: Councilor Kevin M. Blais noted that an earlier resolution related to the Dam Management District had failed and suggested that the Council was considering an item that had failed. It was the opinion of Timothy F. Kane, Town Solicitor, that due to events that had been supported by the Council since the earlier vote, the context differed and the question was appropriately before the Town Council.

WHEREAS, at the Regular Meeting of the Burrillville Town Council held on Wednesday, April 23, 2008 at 7:28 P.M. in the Council Chamber, Town Building, and at which time a quorum was present and acting throughout, the Burrillville Town Council supported the Glocester Town Council's request for amendments to Title 45, Chapter 62, Dam Management Districts; and

WHEREAS, House Bill 2008 - H 8226, An Act Relating to Towns & Cities - Dam Management Districts, introduced on April 30, 2008, would amend the Dam Management Districts statute as supported by the Burrillville Town Council.

NOW THEREFORE BE IT RESOLVED that we, the Town Council of the Town of Burrillville respectfully request that our Representatives support bill House Bill 2008 - H 8226.

BE IT FURTHER RESOLVED that we, the Town Council of the Town of Burrillville respectfully request that legislation be introduced to the Rhode Island Senate that would mirror House Bill 2008 - H 8226, amending §45-62. - Dam Management Districts, by adding the following:

(1) The Towns of Burrillville and Glocester may by ordinance exempt from taxation real and personal property owned by a Dam Management District created pursuant to this section, said exemption to be limited to property that consists of the lake bed of the Pascoag Reservoir, also known as Echo Lake, and property on which any dam, spillway and any appurtenant structures may be located as the same relate to the Pascoag Reservoir, also known as Echo Lake.

(2) With respect to the Towns of Burrillville and Glocester, collection of Dam Management District fees shall be in the same manner as provided by law for the collection of taxes by municipalities and the collector of fees for said Management District shall, for the purposes of collecting fees assessed by said Management District, have the same powers and authority as are by law conferred on collection of taxes for towns in the state.

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

08-154 VOTED to receive and file the correspondence from Sen. Paul W. Fogarty regarding the Burrillville Town Council's concerns related to cuts in elderly assistance programs, including the Community Information Specialist program.

08-155 VOTED to receive and file the correspondence from Connie Leathers, Chair, Parade Committee, inviting the Burrillville Town Council to participate in the Ancients and Horribles Parade and Fourth of July Celebration in Chepachet.

Motion by Councilor John M. Karmozyn, Jr.. Seconded by Councilor Margaret L. Dudley. The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

08-156 VOTED to receive and file the copy of correspondence from ATC Lincoln to RI DEM regarding closing and abandonment of site groundwater monitoring wells at the Callahan School project.

08-157 VOTED to receive and file the Superior Court Order of Dismissal relative to C.A. No. 02-7096, Northern Rhode Island Private Industry Council v John Kusminski, et. al.

08-158 VOTED to receive and open the resolution of the Providence City Council relative to Senate Bill 2008-S2706 and House Bill 2008-H 7195, An Act Relating to Motor and Other Vehicles - Automated Traffic Violation Monitoring Systems.

VOTED to support the resolution of the Providence City Council relative to Senate Bill 2008-S2706 and House Bill 2008-H 7195, An Act Relating to Motor and Other Vehicles - Automated Traffic Violation Monitoring Systems.

08-159 VOTED to receive and file the correspondence from Cheryl A. Chorney, CMC, Town Clerk of the Town of Exeter, regarding the Exeter Town Council's support of certain bills, as listed, as requested by the Burrillville Town Council.

08-160 VOTED to receive and file the correspondence from Jodi LaCroix, CMC, Town Clerk of the Town of Charlestown, regarding the Charlestown Town Council's request for support of a resolution requesting the General Assembly to appoint a DEM Water Resources Division Joint Oversight Committee; and the correspondence of Councilors Harriet A. Allen and Katharine H. Waterman of Charlestown, opposing their Council's resolution.

08-161 VOTED to receive and file the correspondence from Donna L. Giordano, MMC, Westerly Town Clerk, regarding the Westerly Town Council's request for support of House Bills 2008 H 7108 and H 7776.

Motion by Councilor John M. Karmozyn, Jr. Seconded by Councilor Norman C. Mainville. The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

08-162 VOTED to receive and file the correspondence from DEM to Wesley Fullam regarding insignificant alteration permit application #08-0050 in reference to property near the intersection of Lake Shore Drive and Shady Lane (Map 191, Lot 55).

Motion by Councilor Norman C. Mainville. Seconded by Councilor Kevin M. Blais. The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

08-163 VOTED to receive and file the correspondence from Putnam Green Power, LLC regarding Cargill Falls Hydroelectric Project (P-13080) First Stage Consultation Document - Notices.

Motion by Councilor Margaret L. Dudley. Seconded by Councilor Norman C. Mainville. The vote was unanimous by the six members present. 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., and Norman C. Mainville. Councilor Cynthia L. Roe was excused.

Resident Jack Hodys of Pascoag raised a point of information relative to the tax cap statute, asking for the tax cap percentage and whether other communities had requested waivers from the cap in 2007. Michael C. Wood, Town Manager, said that the tax cap for FY2009 is five percent. Mr. Wood did not know whether other communities had asked for a waiver. Mr. Hodys said that waivers had been requested and granted. There was discussion of the tax cap statute and the FY2008 tax levy.

08-164 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 review, discussion and considerations related to the acquisition, sale and exchange of real property relative to Assessor's Map 178, Lot 5 [Clear River Road] and Town owned land [Commerce Park.].