REGULAR MEETING of the Town Council held Wednesday, February 14, 2001 at 7:00 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; Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
MEMBERS ABSENT:
1. Town Council President Wallace F. Lees led those present in the Pledge of Allegiance.
2. VOTED to accept the minutes of the regular meeting of the Town Council held Wednesday, January 24, 2001, the workshop of January 22, 2001, the Public Hearing of January 24, 2001, the workshop of January 31, 2001 and dispense with the reading of said minutes.
Councilor Louis Bleiweis made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, 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: None
5. Petitions: None
6. Special Business:
01-20 VOTED to approve the application from Ibrahim Badat doing business as Stop-N-Save Food and Gas, for a Sunday & Holiday license to apply at 605 Douglas Pike, Harrisville.
Councilor Jacqueline Zahn made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-21 VOTED to approve the application of Linda San Antonio, doing business as Village Country Store, Inc., for a Sunday & Holiday license to apply at 134 Pascoag Main St., Pascoag.
Councilor William E. Gonyea made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-22 VOTED to approve the application from Reverend Timothy J. Lemlin of Our Lady of Good Help Church for a Victualing License to apply at 1063 Victory Highway, Mapleville on April 28 and 29, 2001; and November 9 and 10, 2001.
Councilor Norman C. Mainville made the motion. Councilor Louis Bleiweis seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, 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 proposed noise ordinance.
Councilor William E. Gonyea made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Councilor William A. Andrews, Chairman of the ordinance subcommittee, stated that the ordinance subcommittee had met and reviewed the changes to the proposed ordinance. The subcommittee voted to support the ordinance as amended. Walter J. Kane, Town Solicitor, reviewed the changes.
VOTED to amend the proposed noise ordinance as follows: page 7, paragraph a, delete items i., ii., iii. and iv.; page 10, paragraph e, correct typographical error change word “house” to “hours”; page 14, add section XXIII, Sunset Clause, and renumber Section XXIII in the proposed ordinance to section XXIV.
Councilor Edward F. Bonczek made the motion. Councilor Norman C. Mainville seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
VOTED to approve the ordinance as amended.
Councilor Norman C. Mainville made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
VOTED to receive and file the correspondence from Alice Tognacci Basile regarding the proposed noise ordinance.
Councilor William A. Andrews made the motion. Councilor Norman C. Mainville seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
VOTED to receive and file the correspondence from Ann-Marie E. Fontaine regarding the proposed noise ordinance
Councilor William A. Andrews made the motion. Councilor Norman C. Mainville seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-2 VOTED to receive and open for discussion the memo from Town Solicitor Walter J. Kane regarding tax exemptions for disabled persons.
Councilor William A. Andrews made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Walter J. Kane, Town Solicitor, stated that the legislative authorization to grant this exemption was secured in the early 1990 s. Additionally, he stated that there is further legislation that allows the Town Council to modify the amount of the exemption at the time of tax revaluation. He said that he could prepare an ordinance for the next regular meeting that would allow for a tax exemption of $5,400.00. To make the tax exemption for disabled persons equal to the current $7,200.00 now offered to senior citizens, the Town Council would have to go back to the legislature.
There was a brief discussion of the impact on the tax rate of the various levels of exemption. Councilor Norman C. Mainville discussed that the possibility of linking a change in residency requirements to this legislation. Mr. Kane said that this change would also require enabling legislation.
Walter J. Kane suggested that the Town Council could consider passing the disability exemption at the $5,400 level, naming a group to look into the other exemptions and then proceeding with enabling legislation.
VOTED to ask the Town Solicitor to draw the necessary ordinance to put the $5,400 exemption in place as soon as possible.
Councilor Edward F. Bonczek made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
VOTED to authorize the Solicitor, in coordination with the ordinance subcommittee, to develop enabling legislation to increase the amount of the exemption for the disabled from $5,400 to $7,200; and for the Town Solicitor to make a recommendation in coordination with the Finance Director and Town Manager on the term of the eligibility of senior citizens.
Councilor Norman C. Mainville made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Charles Davis addressed the Town Council, explaining that he is 70 years old. He wondered how many residents his age would have to wait for five years to receive the senior citizen exemption. Charles Reilly asked how the residency requirement would affect the exemption for the disabled.
00-284 VOTED to receive and open for discussion the memo from Joe Raymond, Building Official, regarding renewal of Edwin H. Reynolds License to Collect Junk Only. (Note: at the regular meeting of the Town Council held Wednesday, December 13, 2000, license #0969 was extended until February 28, 2001 pending a report from the Building Official.)
Councilor Jacqueline Zahn made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Joseph Raymond, building official, reviewed the findings in his memo. Mr. Reynolds said that he does not use his property to store materials, since his license is for the collection of junk only.
VOTED to renew.
Councilor Norman C. Mainville made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
8. New Business:
01-23 VOTED to receive and open the memo from Town Manager Michael C. Wood regarding Goals & Objectives and Public Policy 2001.
Councilor Jacqueline Zahn made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: There was a discussion and review of the Goals & Objectives. There was a brief discussion of the road improvements in Round Lake City. Walter J. Kane said that this would be the subject of a resolution at the February 28, 2001 meeting and potentially a public hearing on March 14, 2001. There was discussion of a sewer plan in Nasonville and the New Village. Mr. Kane said he anticipated requesting a workshop with the Town Council in mid-March on this issue. Councilor William E. Gonyea asked about the progress of sidewalks in Bridgeton, which depend on the funds available. Councilor Jacqueline Zahn asked whether the Burrillville Police Department Resource Officer would replace a Juvenile Officer. This would depend upon what the Chief of
Police can accomplish with staffing. Town Manager Michael C. Wood explained why he believes the Stillwater program and the Route 102 Corridor be placed at the top of the priority list.
VOTED to approve the Goals & Objects and Public Policy 2001, to include the input of the Town Manager to move Route 102 and Stillwater to the top of the priority list.
Councilor Norman C. Mainville made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-24 VOTED to approve the memo from Deborah Bober, Assessor s Office, dated January 23, 2001, regarding assessment and taxation of new real estate.
Councilor Jacqueline Zahn made the motion. Councilor Louis Bleiweis seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-25 VOTED to approve the memo from Deborah Bober, Assessor s Office, dated January 31, 2001, regarding abatements processed between July 1, 2000 and December 31, 2000.
Councilor William E. Gonyea made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-26 VOTED to approve in its entirety the memo from Deborah Bober, Assessor s Office, dated January 31, 2001, regarding additions processed between July 1, 2000 and December 31, 2000.
Councilor Norman C. Mainville made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-27 VOTED to receive and file the correspondence from the Town of North Kingstown, RI, regarding the proposed Quonset Point Container Port.
Councilor William E. Gonyea made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-28 VOTED to receive and open for discussion the correspondence from Richard E. Peck, Commander, Berard-Desjarlais Post 88 American Legion, regarding relocation of the post to the former Glendale Fire Station.
Councilor Jacqueline Zahn made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Richard E. Peck addressed the Town Council, thanking them for their time. He discussed the history of the American Legion at their current location, stating that the post receives many request to use the space for meetings. He said that the American Legion has been working for several years to secure the Glendale Fire Station. He said that the building would be suitable for their use, could be used as another recreation facility as needed, and could serve various others including gymnastics and scouting groups. The Legion, he said, would be happy to be joint tenants.
The first floor of the Fire Station, he stated, is easily usable. The problems are the well, septic system and parking. He suggested applying for grants to alleviate the septic and well problems, and further suggested that the Town could purchase land for parking. The cost is unknown.
What the Legion requested was that, if the Town Council was approached on this building, they consider accepting it and doing what is necessary to make the building useful for these purposes.
VOTED to refer to the Town Manager, for a report in 60 days.
Councilor William E. Gonyea made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-29 VOTED to receive, file and refer to the Board of Administration the correspondence from Jackie D. Moran, President, Burrillville Arts Association, requesting authorization to use the Assembly grounds to hold the 37th festival.
Councilor Jacqueline Zahn made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-30 VOTED to receive and open the correspondence from Barbara A. VonVillas, Ph.D., Superintendent of Schools regarding the lease on the Burrillville School Department Administrative Offices.
Councilor Jacqueline Zahn made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
VOTED to approve.
Councilor Norman C. Mainville made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-31 VOTED to receive and open the memo from John P. Mainville regarding tax liability on leased computer equipment.
Councilor William A. Andrews made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
VOTED to table for one month.
Councilor Jacqueline Zahn made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-32 VOTED to receive and open the memo from Planning Director Katia Balassiano and Building Official Joseph Raymond regarding implementation of the new Earth Removal Ordinance.
Councilor Jacqueline Zahn made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Discussion: Walter J. Kane, Town Solicitor, reviewed the implementation of the Earth Removal Ordinance. Mr. Kane stated that there were concerns whether the Town had the authority to regulate previously issued licenses. He stated that there was no question that the Town does have the authority. There were questions about whether license holders could meet the 200-foot setback; Mr. Kane said that they could come before the Council and ask for relief. He stated that the ordinance has been passed; only the implementation date has been delayed. Town Manager Michael C. Wood recommended that the implementation date be kept as is. If there is anything that is problematic, then it can be brought back to the Town Council.
Councilor William E. Gonyea acknowledged the presence of Steven Rawson, former Town Councilor. Mr. Rawson addressed the matter of the Earth Removal Ordinance and its importance to the Town.
VOTED to receive and file.
Councilor Jacqueline Zahn made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-33 VOTED to table the discussion and action on resolutions to support Town endorsed legislation.
Councilor Jacqueline Zahn made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
9. Town Clerk/Communication:
01-34 VOTED to receive and file the memo from Louise R. Phaneuf, Town Clerk, regarding Ordinance Subcommittee Meeting schedule.
Councilor Louis Bleiweis made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-35 VOTED to receive and file the correspondence from Charles A. Horbert, Permitting Supervisor, Freshwater Wetlands Program, Office of Water Resources, regarding a permit for an Insignificant Alteration, Application #00-0274 in reference to the property and proposed project located approximately 500 feet southwest of Clear River Drive and approximately 530 feet west of the intersection of Clear River Drive and Bronco Highway (Route 102), Plat 179, Lot 103.
Councilor Jacqueline Zahn made the motion. Councilor Norman C. Mainville seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
01-36 VOTED to receive and file the correspondence from Charles A. Horbert, Permitting Supervisor, Freshwater Wetlands Program, Office of Water Resources, regarding a permit for an Insignificant Alteration, Application #00-0451 in reference to the property and proposed project located approximately 60 feet south of Wakefield Road, utility pole number 19, approximately 3,100 feet southwest of the intersection of Buck Hill Road and Wakefield Road, Block 2, Lots 42H8 and 42H1.
Councilor Norman C. Mainville made the motion. Councilor Jacqueline Zahn seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
10. Additional New Business to be considered and acted upon:
01-37 VOTED to grant the 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 Police Union IBPO, Local 369 contract negotiations; and [42-46-5(a)(4) to discuss investigative proceedings of allegations of misconduct (civil or criminal) and to discuss the possible acquisition of Boy Scout Property, Plat 180, Lot 1.
Councilor Jacqueline Zahn made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
The Council returned to Open Session. Councilwoman Jacqueline Zahn announced that no votes had been taken.
VOTED to seal the minutes of the executive session.
Councilor Jacqueline Zahn made the motion. Councilor Louis Bleiweis seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
VOTED to adjourn at 9:15 p.m.
Councilor Jacqueline Zahn made the motion. Councilor Edward F. Bonczek seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, 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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