PUBLIC HEARING of the Town Council to be held Wednesday, June 25, 2008 at 7:27 P.M. in the Council Chamber, Town Building, 105 Harrisville Main St., Harrisville for and within the Town of Burrillville.
Note: An information session was held prior to the public hearing, starting at 6:30 P.M. Representatives of the Public Works Department were available to answer questions.
PRESENT: Council President Nancy F. Binns, Councilors Wallace F. Lees, Kevin M. Blais, Margaret L. Dudley and Norman C. Mainville.
MEMBERS ABSENT: Councilors John M. Karmozyn Jr. and Cynthia L. Roe were excused as they were out of town.
Relative to considering and acting upon declaring that Highland Road in the Town of Burrillville is a Public Highway, said Highland Road is set forth in the plan, entitled:
Right of Way Plan, Highland Road, Burrillville, Rhode Island
Prepared For: Town of Burrillville
105 Harrisville Main Street, Harrisville, Rhode Island 02830
Project No. 07-055 Scale: 1"=10'
Date: 12/10/07, Waterman Engineering Co.
NOTES: Notice was personally sent to all abutting property owners by certified mail, in accordance with the provisions of RIGL §24-2-1. Notice of the hearing was advertised in the legal section of the Woonsocket Call on June 10, 17, and 24, 2008.
1. Legal analysis from Timothy F. Kane, Town Solicitor
Timothy F. Kane, Town Solicitor, noted that the proposed acceptance of Highland Road was being conducted in accordance with the statutory process set forth in RIGL Title 24, Chapter 2.
2. Testimony from Department of Public Works.
Richard A. Bernardo, P.E., Director of Public Works and Engineering Services, testified that Highland Road is part of a roadway network. Mr. Bernardo said that, based upon available information and interviews with the foremen, the Department of Public Works has maintained Highland Road for at least twenty years.
3. Testimony from Waterman Engineering Company
Richard Lipsitz of Waterman Engineering testified that Waterman Engineering had conducted the survey that is required by the statute. Mr. Lipsitz said that Waterman Engineering had provided the plan and the legal description which, if Highland Road were to be accepted, would be recorded with the Town.
4. Public Comment.
Note: Persons who wish to address the Town Council shall state their name and address.
Proponents:
Charles Menard of Shady Lane asked whether the town would limit road work to paving the existing roadway. Richard A. Bernardo, P.E., Director of Public Works and Engineering Services, responded that the process of accepting the road does not address proposed improvements. Mr. Bernardo said that if the roadway were accepted into the town system, then, over the course of several years, funding would be requested from the Town Council. When funding becomes available, he said, the Department of Public Works would develop plans to address the pavement and drainage issues on the roadway. Michael C. Wood, Town Manager, said that in making improvements, the town develops a plan and attempts to stay within the confines of existing objects, such as trees and fences, so that neighborhoods are not disturbed. He said the public would be made aware of
any proposed changes. Mr. Menard explained the drainage problem.
Claire Entwistle said that she drove a school bus on Shady Lane daily. She spoke in support of the road acceptance.
Opponents: None
5. VOTED to close the public hearing.
Motion by Councilor Wallace F. Lees. Seconded by Councilor Margaret L. Dudley. The vote was unanimous by the five 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 and Norman C. Mainville. Councilors John M. Karmozyn Jr. and Cynthia L. Roe were excused.
6. Town Council Members Comments/Input/Deliberation: None
7. VOTED to adopt a resolution declaring that Highland Road in the Town of Burrillville is a Public Highway, as follows:
RESOLUTION DECLARING HIGHLAND ROAD
IN THE TOWN OF BURRILLVILLE
A PUBLIC HIGHWAY
The Town Council of the Town of Burrillville, acting pursuant to the authority granted to Town Councils by RIGL §24-2-1 et seq., hereby declares that Highland Road in the Town of Burrillville is a Public Highway, said Highland Road is set forth in the plan, entitled:
Right of Way Plan
Highland Road
Burrillville, Rhode Island
Prepared For:
Town of Burrillville
105 Harrisville Main Street
Harrisville, Rhode Island 02830
Project No. 07-055 Scale: 1"=10'
Date: 12/10/07
Waterman Engineering Co.
The Town Council finds that the lands constituting Highland Road has been or shall be quietly, peaceably, and actually used and improved and considered as a public highway for the space of twenty (20) years and are declared by the Burrillville Town Council to be a public highway, and are taken and considered as public highways to all intents and purposes as fully and effectively as if lands had been laid out, recorded and opened by the Town Council of the Town of Burrillville.
Adopted as a resolution this 25th day of June 2008
Motion by Councilor Norman C. Mainville. Seconded by Councilor Kevin M. Blais. The vote was unanimous by the five 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 and Norman C. Mainville. Councilors John M. Karmozyn Jr. and Cynthia L. Roe were excused.
8. VOTED to adjourn at 7:35 P.M.
Motion by Councilor Norman C. Mainville. Seconded by Councilor Margaret L. Dudley. The vote was unanimous by the five 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 and Norman C. Mainville. Councilors John M. Karmozyn Jr. and Cynthia L. Roe were excused.
The hearing was taped. The tape is on file with the record of the hearing.
Louise R. Phaneuf, Town Clerk
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