REGULAR MEETING of the Town Council held Wednesday, January 10, 2001 at 7:50 o'clock p.m. in the Council Chamber, Town Building, Harrisville, for and within the Town of Burrillville.
MEMBERS PRESENT: Council President Wallace F. Lees; Councilwoman Jacqueline Zahn; Councilmen: William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
MEMBERS ABSENT: None
1. Council President Wallace F. Lees opened the meeting by leading those in attendance in pledging allegiance to the flag.
2. VOTED to accept the minutes of the Regular Meeting of the Town Council held Wednesday, December 13, 2000, the Organizational Meeting of December 7, 2000 and the Workshop of December 19, 2000 and dispense with the reading of said minutes.
Councilman Norman C. Mainville made the motion. Councilwoman Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
3. Public Comment: None
4. General Good and Welfare of the Town of Burrillville.
Councilman Edward F. Bonczek requested that the meeting be adjourned in memory of Tom Eccleston, teacher, principal, superintendent, coach of hockey, baseball and football and a great provider of education. Those present stood for a moment of silence in Mr. Eccleston s memory.
A thank you note from Betty and Wally Lees was read:
To the Burrillville Town Council and All the People at Town Hall:
We thank you for the beautiful flowers you sent. We also thank all who came to the wake and funeral. Your expressions of sympathy were much appreciated.
The family of Mabel Simpson acknowledges with deep appreciation your kind expression of sympathy.
Sincerely, Betty & Wally
Councilman Edward F. Bonczek mentioned a news story reporting a flashlight-like device used by police for quick alcohol analysis.
On a lighter note, Councilman Norman C. Mainville suggested that during the search for a new Providence Police Chief, Providence Mayor Buddy Cianci was informed that Burrillville Police Chief Colonel Bernard E. Gannon was not available to fill the position.
5. Petitions: None
6. Special Business:
01-1 VOTED to open the correspondence from Donna and Michael Welch regarding a kennel license.
Councilman Norman C. Mainville made the motion. Councilman William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Donna Welch said that they had appeared before the Zoning Board in June 2000 and had met all requirements.
VOTED to issue the kennel license to Donna and Michael Welch for four to five English Springer Spaniels.
Councilwoman Jacqueline Zahn made the motion. Councilman Louis Bleiweis seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
7. Old Business:
99-230 VOTED to receive and open for discussion the introduction and first reading of an amendment to the Town Ordinances entitled Noise Ordinance.
Councilwoman Jacqueline Zahn made the motion. Councilman William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: The ordinance was read by title. Councilman William A. Andrews suggested referring the matter to Assistant Town Solicitor William Bernstein to explain the ordinance and to Col. Bernard E. Gannon to discuss enforcement. Councilman William A. Andrews stated that the Ordinance Subcommittee has supported the ordinance. William Bernstein briefly described the ordinance and why it is necessary. Councilwoman Jacqueline Zahn asked whether the police department received many noise complaints. Colonel Gannon responded that they receive many. Town Solicitor Walter J. Kane pointed out the effective date of May 2001, which allows the police department time to buy the equipment.
VOTED to schedule a public hearing on January 24, 2001, immediately before the next regular meeting of the Town Council.
Councilman Norman C. Mainville made the motion. Councilwoman Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
00-267 VOTED to receive and file the correspondence from Governor Lincoln Almond regarding establishment of a Division of Motor Vehicles Branch in the Town of Burrillville.
Councilman Norman C. Mainville made the motion. Councilwoman Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Councilman William E. Gonyea suggested that the Town Council should continue to strive to bring the branch to Burrillville.
00-277 VOTED to reappoint David Marcotte and Kurt Schatz to the Recreation Commission.
Councilwoman Jacqueline Zahn made the motion. Councilman Norman C. Mainville seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
00-297 VOTED to receive and open for discussion the correspondence from the Special Building Committee regarding space utilization and needs analysis.
Councilwoman Jacqueline Zahn made the motion. Councilman Norman C. Mainville seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Nancy Ridley, Chet Orciuch and Mike Weremay were introduced. Ms. Ridley reported that the Special Building Committee has completed tasks one and two and are in a position to complete tasks three, four and five. They came before the Town Council for guidance on whether to continue. She said that it is now the committee s role to match the people to available facilities. They have spent $20,000 of the budget with an outstanding balance of $32,000 on the proposed budget. Ms. Ridley suggested that Chet Orciuch and Mike Weremay could provide an overview of the report.
Councilman Edward F. Bonczek said that this report is exactly what has been needed for two or three years, and mentioned the library project. He suggested that the Town Council should now prioritize the needs of the community. Councilman William A. Andrews said that the Library Building Committee was scheduled to meet the following Thursday, and discussed their recommendation.
Chet Orciuch referred the Town Council to page 20 of the report, which specifies their recommendations. He said that the Sewage Treatment facility is the only facility that was working properly. He briefly reviewed their recommendations, indicating a strong suggestion of central storage for supplies. There was a brief discussion of the old Pascoag Grammar School and the lease for using this space for the school department administration.
Town Manager Michael C. Wood stated that this committee has been extremely diligent and worked very hard. He thanked the committee for a job well done. He suggested that the committee meet with the Town Council and meet again with the staff.
Council President Wallace F. Lees stated that, in his opinion, the Stillwater Mill should be looked at for the library because of its location.
Mike Weremay said that the report does not prioritize items. Councilman Norman C. Mainville said that whichever project starts first will create a domino effect and that a joint venture with the Senior Citizens Center should also be considered. He mentioned the trusts that are in place for the library and suggested that Federal and State money might be available for the Senior Citizen Center. Mike Weremay said that the domino effect does need to be taken into consideration, but that some recommendations can stand alone, such as the Department of Public Works, which should be prioritized.
VOTED to receive the reports and continue working on the project with prioritization and the recommendations of the Town Manager; and send a copy of the reports to the School Committee.
Councilman Norman C. Mainville made the motion. Councilman William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
8. New Business:
01-2 VOTED to receive and open the correspondence from Charles Reilly regarding property tax exemptions for the disabled.
Councilman William E. Gonyea made the motion. Councilman Norman C. Mainville seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Councilman Edward F. Bonczek suggested that Charles Reilly address the Town Council regarding the research he has done on this item. Charles Reilly said that most other towns, the State and the Federal Government look at the totally disabled the same as they do elderly. He reviewed the programs in North Smithfield and Glocester. He said the affect would be $158.40 per household where the homeowner is permanently disabled. He feels, he said, that the Town of Burrillville should seriously look at this matter.
Councilman Norman C. Mainville said that this matter should be referred to the Town Solicitor for review and to report back to the Town Council. He also said that it has been brought to his attention that an elderly resident who purchases property at the age of 62 cannot get the elderly exemption until they have owned the property for five years. He would like to see these time limits discussed.
VOTED to refer both issues to the Town Solicitor for research and a report back in February.
Councilman Norman C. Mainville made the motion. Councilman William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-3 VOTED to receive and open the correspondence from the Clerk of the Board of Canvassers regarding appointment of a member to the Board of Canvassers.
Councilwoman Jacqueline Zahn made the motion. Councilman William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Christopher Toti, Chairman of the Republican Town Committee, stated that he recommended Christine May to fill this position.
VOTED to appoint Christine May to complete the term of Robert E. Potter on the Board of Canvassers, at the recommendation of Christopher Toti, Chairman of the Republican Town Committee.
Councilman Norman C. Mainville made the motion. Councilman William A. Andrews seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-4 VOTED to receive and open the correspondence from Ronald A. Daignault requesting abatement of interest assessed to his property tax.
Councilwoman Jacqueline Zahn made the motion. Councilman William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Ronald A. Daignault addressed the Town Council, stating that after he had paid off his mortgage he asked the tax collector s office if his taxes had been paid. He said that it might have been a misunderstanding. He stated his willingness to pay his taxes in full if necessary to satisfy the request to abate the taxes. Finance Director John P. Mainville said that the finance company should have made the situation clear to Mr. Daignault. He stated that the tax collector s office might have responded that the taxes were current at the time of the request. He recommended that the request be denied. He said, however, that if the Town Council finds that there was some confusion, they could meet Mr. Daignault halfway and abate 50 percent of the
interest.
Councilman Edward F. Bonczek said that he was very sympathetic to the situation.
MOTION by Councilman Edward F. Bonczek to abate the interest. Seconded by William A. Andrews. Voting in favor of the motion were Councilmen Edward F. Bonczek and William A. Andrews. Voting against the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen Louis Bleiweis, William E. Gonyea and Norman C. Mainville. The motion failed.
MOTION by Councilman Louis Bleiweis to accept the Finance Director s recommendation and abate 50 percent of the interest. Seconded by Councilwoman Jacqueline Zahn. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, William E. Gonyea and Norman C. Mainville. Councilman Edward F. Bonczek abstained.
There was further discussion of how financial institutions handle taxes and escrow accounts and the responsibility of the taxpayer.
01-5 VOTED to receive and open the correspondence from Patricia J. Fullam requesting abatement of interest assessed to her automobile excise tax.
Councilwoman Jacqueline Zahn made the motion. Councilman William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Councilwoman Jacqueline Zahn asked whether Patricia Fullam was present. She was not.
VOTED to deny.
Councilwoman Jacqueline Zahn made the motion. Councilman William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-6 VOTED to grant a two-month leave of absence to Jacqueline Forgue, Burrillville Juvenile Hearing Board.
Councilwoman Jacqueline Zahn made the motion. Councilman William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-7 VOTED to receive and open the correspondence from Theodore G. Garille, General Manager, Pascoag Fire District, regarding enabling legislation to establish The Pascoag Utility District.
Councilman Norman C. Mainville made the motion. Councilwoman Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Councilman Edward F. Bonczek asked whose idea it was to divide the departments, taking the Fire Department out of the hands of the professionals. Mr. Garille said that both the Board of Utility Commissioners and the Board of Fire Commissioners after considerable dialogue. The discussions proved to be insightful, in view of what is happening in the electrical industry. There was a discussion about whether the plan was advantageous to the taxpayers. Mr. Garille said that the plan allows both to work more expeditiously within their area of specialty.
Councilman Norman C. Mainville agreed that these changes were exciting and looks forward to continuing cooperation between the two entities. He said this was a move in the right direction and wished both parties well.
Town Solicitor Walter J. Kane was asked to address the enabling legislation as it was presented. He reviewed the concerns that the Town Council had raised previously. Several changes that had been suggested at that time have been enacted. He reviewed the changes. Mr. Kane said that the act as presented addresses the concerns, with modifications incorporated. He said he had no problem with the Town Council supporting this legislation.
Kevin Carter of the Board of Fire Commissioners addressed Councilman Edward F. Bonczek regarding the Fire Department s ability to manage. He pointed out that the Pascoag Fire Department covers roughly half the Town of Burrillville and that they have the lowest fire tax rate in the Town. He said that the Board of Fire Commissioners has been administering, preparing and submitting to the taxpayers the Fire Protection Budget. Councilman Edward F. Bonczek said that it was his impression that Theodore G. Garille, General Manager of the Pascoag Fire District, had been responsible for the administration of the Fire Department. Kevin Carter explained that Mr. Garille has helped get the administration together, but that the Fire Department has been responsible for the department and that
the people on the board are an experienced group.
VOTED to support the enabling legislation in the form of a resolution.
Councilman Norman C. Mainville made the motion. Councilman William A. Andrews seconded the motion. Voting in favor of the motion were Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville. Council President Wallace F. Lees recused.
Town Manager Michael C. Wood asked that Mr. Garille keep the Town Council informed on any action on the State level. Mr. Garille thanked the Town Solicitor, Town Manager, Town Council President and Mr. Bernstein for their efforts in meeting with the district.
01-8 VOTED to receive and open the correspondence from Kevin M. Blais and Linda L. Green regarding a complaint and appeal against the issuance of a variance and building permit granted for the properties located at 1744 Tarkiln Road, Harrisville.
Councilwoman Jacqueline Zahn made the motion. Councilman William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Linda L. Green addressed the Town Council, explaining that this issue has been going on for some time and elaborating on the details of the situation. She said that special conditions were set for covering an unattractive wall adjoining her property and that although these conditions have never been met, a building permit was issued. She asked that the building permit be rescinded. Ray Cloutier of the Zoning Board of Review said that the Joseph Raymond, Building Official, felt that the conditions had been met closely enough and that the new owner has submitted a letter stating that they will meet the remaining conditions in the Spring. Ms. Green said that she had little faith that a certificate of occupancy would be withheld if the conditions were not met
in the Spring and that her lawyer said that the building permit could be rescinded.
Town Manager Michael C. Wood stated that this was a matter for the Zoning Board rather than the Town Council. Town Solicitor Walter J. Kane confirmed that the Town Council has no jurisdiction in this matter, but that the Zoning Board has a process in place to address these matters. Mr. Kane explained the process and suggested that Ms. Green should obtain the appropriate form from the Building Official s Department to begin the formal process.
VOTED to receive and file.
Councilwoman Jacqueline Zahn made the motion. Councilman William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-9 Memo from Town Manager Michael C. Wood regarding Council 94 Collective Bargaining Agreement.
Discussion: Town Manager Michael C. Wood said that this matter could be discussed in executive session if the Town Council preferred. Councilman Norman C. Mainville asked if the replacement of Union personnel with Non-Union personnel for temporary positions would be affected by this contract. Town Manager Michael C. Wood said it would not. Councilman William A. Andrews pointed out that on the last page there was a reference to Daniel McCutcheon, but that the person s name is actually Donald McCutcheon. There was a brief discussion of this exception to the contract.
VOTED to approve the tentative agreement, subject to signatures on the final agreement, and to authorize the Town Council President, Town Manager, and Town Solicitor Mr. Kane and Mr. Kasle to execute on behalf of the Council.
Councilman Norman C. Mainville made the motion. Councilman William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Town Manager Michael C. Wood thanked those members of the Town Council and the Union for their efforts during negotiations.
9. Town Clerk/Communication: None
10. VOTED that the following reports be received.
Councilwoman Jacqueline Zahn made the motion. Councilman Norman C. Mainville seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
1. Report of the Town Treasurer for the period beginning July 1, 1999 and ending May 31, 2000 and June 30, 2000 - no report;
2. Report of the Town Treasurer for the period beginning July 1, 1999 and ending June 30, 2000 in regards to Treatment & Administrative Expenses of the Wastewater Treatment Facilities - no report; Statement of Expenses for November, 2000;
3. a. Copy of the Report of the Tax Collector for the month of November, 2000;
b. Copy of the report submitted to Town Treasurer by the Tax Collector for Tax Certificates issued during the month of November, 2000;
4. Copy of the report submitted to Tax Collector, John P. Mainville for the Burrillville Sewer Commission for the month of November, 2000;
5. Report of the Director of the Department of Public Works for the months of November and December, 2000;
6. Report of the Chief of Police - no report for November;
7. Report of the Office of Building Official - no report for November;
8. Report of the Animal Control Officer for November 1, 2000 to November 30, 2000;
9. Report of the Town of Burrillville Housing Authority of November and December;
10. Report of the Planning Board of their meetings of October 23, November 6 and December 18, 2000;
11. Report of the Zoning Board of Review - no report;
12. Report of the Burrillville Sewer Commission for November 2000 and of their meeting of November 14, 2000;
13. Report of the Town Planner for November 16, 2000 through December 20, 2000;
14. Report of the Parks and Recreation Department for December, 2000;
15. Report of the Information Systems Department for December, 2000;
16. Report of the Personnel Board of their meetings of November 20 and November 27, 2000;
17. Report of the Burrillville Conservation Commission - no report;
18. Report of Screening Subcommittee for November 10, 2000;
19. Report of the Juvenile Hearing Board for October 26 through December 14, 2000;
20. Report of the Budget Board of their meeting of November 27, 2000;
21. Report of the Burrillville High School Building committee of their meetings of September 7 & 21, October 26 and November 2 and the Joint Workshop of September 21, 2000;
22. Report of the Gazebo Committee no report;
23. Report of the Board of Assessment Review - no report;
24. Report of the Special Building Committee for December 16 & 30, 2000;
25. Report of the Burrillville Library Facilities committee-no report, and
26. Report of the Ordinance Subcommittee of their meeting of November 14 and December 12, 2000;
10. Additional New Business to be considered and acted upon:
01-10 Request for Executive Session from Town Manager Michael C. Wood pursuant to Rhode Island Open Meeting Law [42-46-5 (a)(2)] to discuss collective bargaining regarding Council 94, Local 186; and to discuss litigation regarding the gravel road.
The request was withdrawn.
11. Adjournment.
VOTED to adjourn at 9:40 p.m.
Councilman Norman C. Mainville made the motion. Councilman William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilwoman Jacqueline Zahn and Councilmen William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Information relating to the meeting is on file with the record of the minutes. The meeting was taped and the tape is on file with the record of the minutes.
Recorded by
Louise R. Phaneuf, Town Clerk
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