Welcome to Burrillville, RI - 7-23-2008 Regular Meeting

REGULAR MEETING of the Burrillville Town Council held Wednesday, July 23, 2008 at 7:01 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 Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe

VOTED to accept the minutes of the regular meeting held June 25, 2008 and the public hearings held June 25, 2008; and dispense with the reading of said minutes.

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

Susan Kent of Benedict Road commented on the report that the Senior Center project had been delayed. Ms. Kent spoke in favor of the delay due to economic issues. Ms. Kent discussed high taxes and encouraged the Town Council to find means to reduce taxes. Ms. Kent spoke of the expected lasting nature of the current economic crisis. Ms. Kent distributed an article for the Council's consideration. Ms. Kent recommended new and creative ways to assist fellow townspeople.

Susan Maiocchi of Jackson Schoolhouse Road addressed the Council relative to concerns that gravel was being removed illegally from a neighboring property. Ms. Maiocchi detailed incidents and the concerns they raised. Ms. Maiocchi asked that the matter be investigated. Councilor Kevin M. Blais noted that he had been made aware of this issue, had followed-up with the Building Official, was concerned about the aquifer overlay zone, and suggested that the Town Manager should follow-up and keep him apprised of the outcome. Councilor Norman C. Mainville asked that the Manager discuss the matter with the Land Trust.

Michele Badessa of Glendale said that she had enlisted the assistance of the Manager relative to vandalism of a state bridge and sewer commission fence at Joslin Road. Ms. Badessa said the repainting of the bridge was sufficient but the repainting of the fence was not. Ms. Badessa asked whether the vandals had made restitution and whether the painting would be redone. Michael C. Wood, Town Manager, indicated that he would renew inquiries to the Sewer Commission and Court.

Councilor Kevin M. Blais announced the Pascoag Boy Scout Troop One Winter Benefit Fundraiser on Saturday, July 26, 2008 at 6:00 P.M. at the Victory Sportsmen's Club, West Glocester.

Councilor Norman C. Mainville recognized three lifeguards from Spring Lake Beach for assisting the Harrisville Hose Company #1 during a recent recovery exercise conducted at the lake. Councilor Mainville commented on the cooperation and communication between the agencies.

Council President Nancy F. Binns encouraged residents to support local food banks and the Rhode Island Food Bank, which provides groceries to the local food banks.

08-209 VOTED to adopt a proclamation honoring Richard "Dick" Peck for his years of service as a blood drive coordinator, as follows:

WHEREAS, Since 1980, Richard "Dick" Peck has coordinated blood drives every eight weeks at the Pascoag Fire Department, where he served as a volunteer firefighter for 38 years; and

WHEREAS, Dick himself has donated in excess of 153 pints of blood, contributing even before the Rhode Island Blood Center opened in 1979; and

WHEREAS, The blood drives held at Pascoag Fire Department were some of the first ones run by the Rhode Island Blood Center, which recently recognized Dick for his years of coordinating efforts; and

WHEREAS, Dick is perhaps most known for serving dynamites he has made from his own recipe to the donors at each of these blood drives; and

WHEREAS, After 27 years of dedication, Dick has relinquished the responsibility of blood drive coordinator for Pascoag Fire Department; and

NOW THEREFORE BE IT RESOLVED that we, the Town Council of the Town of Burrillville on this 23rd day of July, 2008 do hereby honor and express our deepest gratitude to Richard Peck for his tireless dedication to the health and wellbeing of the residents our local community and the State of Rhode Island.

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 Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe. Councilor Wallace F. Lees was excused.

08-210 VOTED to open the correspondence from Lt. Lareto P. Guglietta regarding his request that the Town Council put forth the initial funds to purchase portable radios and car chargers, to be reimbursed by grant funding.

Discussion: Michael C. Wood, Town Manager, noted that the Public Safety Commission had discussed and recommended this proposal, suggesting the benefits of acquiring the portable radios and car chargers before the coming hurricane/storm season. Michael C. Wood, Town Manager, said that $131,200 would be needed and recommended funding from and reimbursement to the capital program budget. The Town would provide funding for the equipment for the fire departments as well as the police department, with reimbursement from a federal grant to the town in approximately six months. The requirement and purpose of the equipment was reviewed.

There was discussion of which vehicles would be equipped and further discussion of the purpose. Councilor Blais suggested that it would be redundant to equip all emergency vehicles and suggested that emergency personnel could share the equipment. It was pointed out that the equipment is federally required and funded, and that during emergencies all personnel must have the equipment.

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

08-211 VOTED to open the correspondence from Michael C. Wood, Town Manager, regarding a request from Col. Bernard E. Gannon to change the marking for police cruisers.

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 Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe. Councilor Wallace F. Lees was excused.

Discussion: There was discussion of the cost associated with changing the colors, the colors used by police departments in other communities, and the visibility of graphics.

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

08-212 VOTED to open the correspondence from Michael C. Wood, Town Manager, regarding a potential issue with the RIPTA #9 bus route.

Discussion: Michael C. Wood, Town Manager, reported on his discussions with Rhode Island Public Transit Authority (RIPTA), confirming that RIPTA is considering eliminating for economic reasons the portion of the #9 bus route that travels to Burrillville. The Town Council discussed the importance of public transit for transportation, fuel savings and environmental reasons.

Renay McLeish of Pascoag described her long experience with the #9 bus, discussed the number of residents who use the bus daily, the service the bus offers for workers, students, disabled individuals and people traveling to Zambarano Hospital. Ms. McLeish reviewed discussions with RIPTA and some of the cost-saving measures riders had recommended. Ms. McLeish asked that the Town Council take action to support keeping some level of RIPTA service to Glocester and Burrillville.

Councilor Norman C. Mainville spoke of Rep. Edwin R. Pacheco's bill, vetoed by the Governor, that would allow bus drivers some control of traffic signals for the purpose of saving fuel. Councilor Mainville suggested adding a bus route between Burrillville and Woonsocket, which might increase RIPTA revenues.

Councilor Margaret L. Dudley suggested that the Town Council ask the Glocester Town Council to take action. Councilor Dudley also asked that a resolution be prepared for the next meeting, to be sent to the legislators, the Governor, and RIPTA, as well as to other communities asking for their support. Councilor Kevin M. Blais discussed increased ridership as fuel prices increase. Councilor Blais noted that fares have increased.

MOTION to amend the motion to have the resolution say "to protect the integrity of the route; integrity being the fact that the route is going to be there; clearly these people are very willing to work with them to cut the dead wood out of the middle, if that's what it requires".

Rep. Edwin R. Pacheco reported on his and Senator Fogarty's plans to meet with RIPTA officials. Rep. Pacheco discussed the importance of public transit and steps necessary to improve RIPTA. Councilor Mainville supported a General Assembly override of the veto of the RIPTA legislation mentioned earlier.

08-213 VOTED to open the correspondence from Louise R. Phaneuf, Town Clerk, regarding the possibility of including a local question on the November 4, 2008 ballot relative to the Senior Center.

Discussion: Council President Nancy F. Binns said that Shirley Hodson, Chair, Senior Center Feasibility Study Committee, had communicated that the Committee requested that a question relative to the Senior Center not be included on the November 4, 2008 ballot, citing the current economic climate. It was noted that August 6, 2008 is the deadline for the November election; should a special election be scheduled in the future, a different deadline would apply.

It's my responsibility to advise the Council, as I have previously, that overall debt service declines in FY2010. As such, the projected debt service for a senior center or any new debt approximating a budget impact similar to the senior center can fit within the FY2010 budget and under the tax cap limits. I do qualify that statement because there are events/decisions that could impact that projection.

If debt service for a senior center project is included in budgets past FY2010, the amount needed, as currently projected, would most likely require a cap exclusion.

As I've previously advised, it does not appear that increased operating costs for a senior center would qualify for a cap exclusion, but the Council/Administration could try to make such a case to the state.

It appears that under either scenario, a 4/5's vote (6 Councilmembers) of the Town Council would be required in order to request the aforementioned exclusions.

Please be advised, I am not advocating a position one way or the other. I'm presenting the options so the Council can make an informed decision.

Mr. Wood said that he had no position on the senior center but asked the Town Council to consider his comments related to financial planning. Mr. Wood repeated that, should a referendum pass, it would not be able to be accommodated in budgets outside of fiscal 2010 without cap exclusions or overrides.

08-214 Introduction and first reading of proposed amendments to the Burrillville Code of Ordinance, Chapter 12 entitled Environment, by adding Article V, Post Construction Stormwater Control; for scheduling of a public hearing.

Motion by Councilor Margaret L. Dudley. 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 Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe. Councilor Wallace F. Lees was excused.

Discussion: Councilor Margaret L. Dudley, Chair of the Ordinance Subcommittee, reported on the need to consider this ordinance in compliance with Stormwater Management regulations.

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

08-215 Introduction and first reading of proposed amendments to the Burrillville Code of Ordinance, Chapter 12 entitled Environment, by adding Article VI, Prohibition of Illicit Discharges; for scheduling of a public hearing.

Discussion: Councilor Margaret L. Dudley, Chair of the Ordinance Subcommittee, reported on the need to consider this ordinance in compliance with Stormwater Management regulations.

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 Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe. Councilor Wallace F. Lees was excused.

08-216 VOTED to open the correspondence from Margaret L. Dudley, Chair, Ordinance Subcommittee, regarding the Subcommittee's recommendations relative to the proposed ordinance Establishing the Pascoag Reservoir/Echo Lake Dam Management District.

Motion by Councilor John M. Karmozyn, Jr. Seconded by Councilor Kevin M. Blais. 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 Cynthia L. Roe recused. Councilor Wallace F. Lees was excused.

Discussion: Councilor Margaret L. Dudley, Chair of the Ordinance Subcommittee, referenced the proposed ordinance, a copy of which is on file with the record of the meeting. Councilor Dudley recognized the efforts of Leo Plouffe of the Upper Dam Association, the Town Clerk, and the Town Solicitor for their efforts in preparing the proposal. Councilor Dudley outlined the Subcommittee's recommendation for discussions with Glocester officials.

MOTION that we set a workshop at the call of the chair to meet with Glocester Town Council and to authorize the Burrillville administration to meet with the Glocester administration prior to the workshop.

There was discussion of the various revisions of the proposal discussed by the Ordinance Subcommittee. Councilor Kevin M. Blais voiced concerns that the proposal does not include the Management District fees. There was discussion that if the Dam Management District were adopted, fees would be established by the membership. The procedure was discussed.

Raymond Cloutier of Court House Lane asked about the properties that would be included in the Dam Management District. There was discussion that all properties that abut the Reservoir, or have deeded access to the reservoir, including structures on leased land, would be included in the Dam Management District. Mr. Cloutier noted that the State owns property on the Reservoir; Timothy F. Kane, Town Solicitor, noted that the State is tax exempt. Mr. Cloutier voiced concern that the Dam Management District might acquire property and possibly assume liability. The matter was discussed.

Motion by Councilor Margaret L. Dudley. Seconded by Councilor Norman C. Mainville. 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 Cynthia L. Roe recused. Councilor Wallace F. Lees was excused.

08-217 VOTED to refer to the Screening Subcommittee the application from Barbara Schouboe for reappointment to the Redevelopment Agency.

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 Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe. Councilor Wallace F. Lees was excused.

08-218 VOTED to refer to the Screening Subcommittee the application from Matthew J. Nasif for appointment to the Juvenile Hearing Board.

08-219 VOTED to refer to the Screening Subcommittee the application from Alexandra Mannock for appointment to the Planning Board or the Recreation Commission.

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 Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe. Councilor Wallace F. Lees was excused.

08-220 VOTED to receive with regret the correspondence from Scott P. Rabideau regarding his resignation from the Burrillville Sewer Commission; and that a thank you be sent.

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

08-221 VOTED to receive and file the correspondence from Michael B. Turner, declining the appointment as an alternate member of the Board of Canvassers.

08-222 VOTED to open the correspondence from Cheri Hall, Director of Parks and Recreation and Tom Kravitz, Town Planner regarding pedestrian path bid results.

Motion by Councilor Kevin M. Blais. 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 Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe. Councilor Wallace F. Lees was excused.

Discussion: Cheri R. Hall, Director of Parks & Recreation, reviewed the pending grant award, recommending that the Town Council award the bid for engineering services for the pedestrian path. Ms. Hall noted that the matching funds are available from the Recreation Capital Account. Ms. Hall recommended an administrative meeting relative to the scope of the project, followed by public hearings. Ms. Hall indicated that Horsley Witten Group had been recommended on the strength of their proposal and experience.

Councilor Kevin M. Blais voiced concerns related to safety and management issues, suggesting that public hearings be held before awarding the bid. Councilor Blais noted that Horsley Witten Group was not the low bidder. Ms. Hall explained the ranking process, saying that Horsley Witten Group had been recommended on the strength of their proposal and experience. The Request for Proposals (RFP) process was reviewed and discussed. There was discussion of the public hearing process. Councilor Margaret L. Dudley suggested contacting communities with pedestrian paths for reports on the public safety experience at these locations.

Councilor John M. Karmozyn, Jr. recalled that the Town Council had visited the site when the project had initially been proposed, that safety concerns had been raised at that time, and that it was his understanding that the police department would be included in the decision-making process. Councilor Norman C. Mainville spoke of his positive experience with pedestrian trails and supported extension of trails.

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

Note: Councilor President Nancy F. Binns noted that Michael C. Wood, Town Manager, would contact other communities relative to safety issues.

08-223 VOTED to open the correspondence from Councilor Margaret L. Dudley regarding her request that the Town Council discuss and possibly authorize the administration to pursue possible energy saving plans.

Motion by Councilor Cynthia L. Roe. 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 Kevin M. Blais, Margaret L. Dudley, John M. Karmozyn Jr., Norman C. Mainville and Cynthia L. Roe. Councilor Wallace F. Lees was excused.

Discussion: Councilor Margaret L. Dudley reported on an energy saving agreement between the State of Rhode Island and EnerNOC, Inc. Councilor Dudley suggested that the Town of Burrillville should investigate a similar program. Michael C. Wood, Town Manager, would follow-through with the Pascoag Utility District. Potential utility savings programs were discussed.

08-224 VOTED to open the correspondence from Councilor Margaret L. Dudley regarding her request that the Town Council review, discuss, and refer to the Ordinance Subcommittee a proposal relative to a reduction in health insurance coverage for elected officials within the Town of Burrillville.

Discussion: Councilor Margaret L. Dudley reviewed the cost of health insurance for elected officials, listed savings that could be realized by reducing these benefits, and suggested that the matter be referred to the Ordinance Subcommittee.

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

08-225 VOTED to receive and file the correspondence from Council President Nancy F. Binns regarding a workshop scheduled for Monday, July 28, 2008 at 6:00 P.M. in Council Chambers.

08-226 VOTED to receive and file the correspondence from DEM Office of Water Resources regarding insignificant alteration permit application #08-0088 in reference to property near the intersection of Douglas Pike and Bronco Hwy (Map 113, Lot 1).

08-228 VOTED to open consideration and action on allocation of funds for right-of-way plan development for the Round Top Bridge Design.

Discussion: Michael C. Wood, Town Manager, noted that the Town Council had previously appropriated up to $150,000 for professional services on Bridge #378 to expedite the agreement with the Department of Transportation (DOT). Mr. Wood noted that the State is requiring additional work on the rights of way, requiring additional funding. Mr. Wood asked the Town Council to consider funding the additional work from the undesignated, unreserved fund, requiring six votes. Alternatively, Mr. Wood said that funding might come from the current year's capital budget.

There was discussion of the wisdom of the Town funding professional services for state projects and whether the procedure resulted in expediting projects. These matters were discussed.

MOTION to appropriate a sum not to exceed $30,000 from the undesignated, unreserved fund, to be expended for engineering design efforts for the environmental site assessment and right-of-way work in relation to the replacement of Round Top Bridge.

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

VOTED to appropriate a sum not to exceed $30,000 from the fiscal 2009 capital improvement budget, to be expended for engineering design efforts for the environmental site assessment and right-of-way work in relation to the replacement of Round Top Bridge.

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

From Michael C. Wood, Town Manager pursuant to Rhode Island Open Meeting Law [42-46-5(a)(5)] for review, discussion, and consideration related to the acquisition, sale, and exchange of real property relative to:

From Timothy F. Kane, Town Solicitor, pursuant to Rhode Island Open Meeting [§42-46-5(a)(5)] to consider, discuss and act related to the disposition of property: (lots 017/056, 034/037, 034/036, 034/035, 034/034, 034/032, 034/033, 034/030, 034/031, 034/029, 034/028, and 034/027) - South Shore Drive.

From James Langlois, Chair, Redevelopment Agency pursuant to Rhode Island Open Meeting [§42-46-5(a)(5)] to consider, discuss and act related to potential acquisition of land and potential transfer of funds related to Map 160, Lot 69.