REGULAR MEETING of the Town Council holden Wednesday, March 28, 2001 at 7:30 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: None
1. Council President Wallace F. Lees led those present in pledging allegiance to the flag.
2. VOTED to accept the minutes of the Regular Meeting of the Town Council held Wednesday, March 1, 2001, the Public Hearing Relative to the Tax Exemption for Disabled Person held Wednesday, March 1, 2001, the Public Hearing relative to the application for liquor license transfer held Wednesday, March 1, 2001 and the Public Hearing relative to declaring Lee Circle & Whiting Lane public highways held March 1, 2001, and dispense with the reading of said minutes.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William A. Andrews. 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.
Councilor Norman C. Mainville commented on the favorable Providence Journal article by Liz Anderson about the Department of Public Works efforts during recent snowstorms.
Michael C. Wood, Town Manager, advised that the Burrillville Extended Care (BEC) program would hold an open house for registration March 31, 2001 from 9:00 Noon at Steere Farm Elementary School. He also advised that another workshop on the Stillwater Mill project was scheduled for April 4, 2001 at 6:30 p.m. at A.T. Levy School. The purpose of the workshop is to review the conceptual design for the project.
5. Petitions: None
6. Special Business:
01-74 VOTED to adopt a Town Council Resolution in celebration and support of Earth Day 2001.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Norman C. Mainville. 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.
01-75 VOTED to grant the application from Veronica Huguenin d/b/a Petunias Flower Patch, for a Sunday & Holiday Business License to apply at 50 Pascoag Main St., Pascoag.
Motion by Councilor William E. Gonyea. Seconded by Councilor Jacqueline Zahn. 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.
01-76 VOTED to grant the application from Rev. Timothy Lemlin, d/b/a Our Lady of Good Help Church, for a Class F Liquor License to apply at 1063 Victory Highway, Mapleville for an event on April 28 and April 29, 2001.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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: None
8. New Business:
Note: Council President Wallace F. Lees announced that item 01-98 would be moved forward on the agenda to accommodate those present.
01-98 VOTED to open the correspondence from Barbara A. VonVillas, Ph.D., regarding the proposed addition to the A.T. Levy School.
John G. Carroll, chairman of the Burrillville School Committee stated that the School Committee has voted to move forward with the proposed all-day kindergarten program, pointing out the benefits of the program. He said that a poll of parents demonstrates overwhelming support of the program. Barbara A. VonVillas, Ph. D., superintendent further discussed the advantages of the program and reviewed several options the school department discussed for accommodating the program. The School Department recommended rectangular concrete modules at a maximum cost of $695,000.00. She discussed the sources of the funds for the project, stated that the project is important to the community and asked for Town Council support.
Councilor Jacqueline Zahn pointed out that, though all-day kindergarten is not required by the State, she understands the points made by the School Department. However, she pointed out that it is very awkward for the Town Council to be in a position to oppose a program that, while it may be good, is already up and running. She read the following letter received by the Town Manager by a resident:
Dear Mr. Wood,
A recent article in the Providence Journal indicates that the School Committee intends to ask the Town Council for an additional $795,000 for the purchase of modular classrooms to expand the capacity of Levy School. I object to this expenditure for several reasons. No doubt my objections are colored by the fact that my children are beyond the kindergarten age and would not benefit from this expansion. I am also now a taxpayer (we rented for several years) and am more aware of the impact of such an expenditure on my personal bottom line. I also recognize how difficult it is to appear to be "against" education for little kids, but I object for the following reasons:
1. Two and a half years ago, the School Committee lobbied the Town Council for support of a bond issue for nearly $13 Million in renovations to an expansion of BHS. At that time, if my recollection is correct, the Council sent a list of questions to the School Committee about future needs, and one question asked if the School Committee anticipated any additional space needs over the next five years. The answer was "no." Suddenly, we need more space.
2. The need for additional space is entirely due to the decision to move to all-day kindergartens made by the School Committee and was foreseeable long ago. It's not like someone opened a new housing development or we've had an unexpected population explosion in town. Levy School has for years suffered from a space problem that was well documented. Parents, when my kids were in that school, complained about music classes taught on the stage and the like. A couple of years ago, when the School Committee decided to explore the possibility of all-day kindergartens, I mentioned to committee members that Levy did not have sufficient classroom space to accommodate five more classes. The move to institute system-wide all day kindergarten, which
is not mandated by the state, creates the need for not only the capital investment of $800,000 on modular classrooms, but will also place an additional burden on the operating budget because the district will need to hire more teachers; it takes twice as many teachers to teach all-day kindergarten as it does half-day kindergarten.
3. Levy does not have the physical space to accommodate the classrooms. The building footprint covers almost all available land not covered by parking lots. The exceptions are a small paved area on the Chapel Street side of the building, the paved area between the wings of the building, where students are expected to congregate after bus drop-off and before admission to the classroom, and the physical education area, which tends to be a bit wet in the spring. The addition of modular classrooms will severely limit the opportunity kids will have to get out of a building that is famous for its poor air quality.
4. The School Committee has, to my mind, far more important things upon which to spend the money. Mr. Chuman talks about the age of the band equipment. My fourth-grade son comes home with assignments that refer to the "Soviet Union," an entity that ceased to exist a decade ago. Science textbooks are out of date. The Middle School gym floor is a liability suit waiting to be filed. Callahan School is crumbling. Surely those are better places to spend the money than on the luxury of all-day kindergarten, no matter how well intentioned.
5. To be frank, I'd feel more comfortable about supporting more money for school facilities if the School Committee showed evidence of doing a better job of maintaining existing facilities. We're spending almost $13 Million on renovations of the high school. Some of that cost actually gets us new facilities (like the auditorium). But relatively few new teaching posts are being added - a large portion of the expenditure is too replace worn out, poorly maintained facilities. The Middle School (particularly the gym floor) and even Steere Farm (boiler problems) show signs of inattention to routine maintenance issues. Adding modular classrooms only adds to the problem.
6. Finally, the buzz word today in education is "assessment." Although I wasn't at the School Committee meeting where this matter was discussed, I did read the paper. No evidence is presented to suggest that students in all-day kindergartens perform better than those in half-day programs. This is an assessable issue. Where's the evidence?
As I said earlier, it's difficult to argue against providing educational opportunities to little kids, but I'm uncomfortable with the approach the School Committee is taking. As a taxpayer, I look at a school system that has some real needs, but no long-range planning. We have three elementary schools, and two (Callahan and Levy) arguably need replacing. Both are sited on parcels of land that will not allow for expansion. What the School Committee should be doing is developing a long-range, comprehensive plan that includes school replacement and maintenance. To the extent that such a program allows for all-day kindergartens, I would support it. But simply to pour taxpayer money into temporary structures for a program that is not mandated, which may or may
not be effective, and whose implementation burdens an already tight budget strikes me as a luxury we cannot afford.
Feel free to share this with anyone you wish. My warmest regards to the Town Council.
Sincerely, David C. Ketcham, PO Box 617, Mapleville, RI 02839
John G. Carroll responded that there are many programs offered by the School Department that are not mandated by the State. He repeated the benefits of all-day kindergarten to students. He addressed the comments regarding neglect to the facilities by saying that the buildings are not neglected, but show reasonable wear and tear. There is, he said, a long-range plan in place. The School Department believes this is a good initiative, there is the space and it is an economical plan.
Councilor Jacqueline Zahn stated her concern that, at the time the bond for the High School was under consideration, the question was asked whether there would be additional space needs. The answer was “no”. Now, she said, a great program has been started and it is the Town Council that is responsible for looking out for the pocketbooks of the entire community. She asked whether the School Department had considered coming to the Town Council before the program started.
Barbara VonVillas explained that this need was not foreseen, but that the community wants the program and money from the State has become available. She elaborated on the sources of money for the project. She discussed why this is the right time for this program.
Karen Cappelli, principal of A.T. Levy School spoke about the outstanding staff and program at the School. She discussed the assessability issues and the need to keep up with the rest of the State. In response to a question, she stated that she had not promised this program without Town Council support.
Raymond Trinque, member of the School Committee, said there is a tremendous amount of material available to support this program, reiterated Dr. VonVillas statement that timing is important. Roland Huguenin spoke from the audience, saying that the money situation was the problem and, while money for this program might not come from property taxes, but it is still taxpayer money.
Councilor Norman C. Mainville stated that he did not disagree with the program, if there was money available. However, he said, his major concern is that the School Department is watering down current educational programs. The discussion of this program diverts attention from existing problems. He has said for several years that it is necessary to fix the programs in existence and verify what needs to be corrected.
MOTION to deny by Norman C. Mainville. Seconded by William E. Gonyea. Voting in favor were Edward F. Bonczek, William E. Gonyea and Norman C. Mainville. Voting in opposition were Council President Wallace F. Lees and Councilors Jacqueline Zahn, William A. Andrews and Louis Bleiweis. The motion failed.
MOTION to table for two weeks by Councilor Jacqueline Zahn. Seconded by Councilor Louis Bleiweis.
Councilor Louis Bleiweis stated that the Town Council would not be in a position to vote intelligently on this item until the budget and taxation for the coming year was known. Michael C. Wood, Town Manager, addressed the audience on the issue, which he stated is important to the parents and important to the Town. He reviewed the funding issues that Dr. VonVillas had raised, stating that the Medicare money that the Town receives goes back to the schools. The money that comes from the Special Education programs, he said, is reimbursement for programs that taxpayers have paid. In his opinion, the school department has the resources to go forward with this program. It is, he said, a tough decision for the School Department: what is the best use of the Medicare money? It will either go into
the operating budget or to something different.
In the opinion of Michael C. Wood, the Town Council is not saying “no”. Rather, the school committee and school administration have to reprioritize and look at their capital needs. The resources, he said, appear to be there. He stated his belief that, if the School Department decides to go forward, they should return to the Town Council for support since it is a community-wide issue.
AMENDED MOTION to table at the call of the chair by Jacqueline Zahn. Councilor Louis Bleiweis accepted the amended motion. Voting in favor of the motion were Council President Wallace F. Lees and Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis and Norman C. Mainville. Voting in opposition was Councilor William E. Gonyea. Councilor Edward F. Bonczek abstained. The motion carried.
Note: Council President Wallace F. Lees called a five-minute recess at 7:20 p.m. The meeting reconvened at 7:27 p.m.
Note: Council President Wallace F. Lees moved item 01-86 forward on the agenda.
01-86 VOTED to open the petition from John M. Marshall regarding a request to repair, reconstruct, pave and maintain East Ironstone Road.
John M. Marshall distributed photographs of East Ironstone Road to the Council for review. Council President Wallace F. Lees noted that the petition had been signed by Cathy Pacheco of Spring St., Pascoag. Her interest, he explained, is that she is the bus driver on East Ironstone Road.
Mr. Marshall stated that East Ironstone Road was not on the Road Repair Capital Improvement program, stating that some non-town roads are included on the plan. Michael C. Wood, Town Manager, stated that two more years of roads would be added to the five-year plan and that East Ironstone Road would be added to the program. It would be the third or fourth year out.
Councilor Norman C. Mainville requested patience of the residents of East Ironstone Road, assuring them that the Director of Public Works would help in the meantime. Michael C. Wood explained the process involved, evaluating the cost of the road versus the benefits, including the number of residents who live there. He did not, however, disagree.
John Marshall said that this week the road was nearly impassable; the bus had trouble getting through and was 20 minutes late. His fear was that this work would be put on a back burner and stated his opinion that repairs to this road are more important than repaving a good road. The Town Manager reassured those present that this would be included in the capital plan, probably for 2004, and that they would seek an interim solution.
Eddie Pacheco of 46A Spring St., Pascoag, spoke on his mother s behalf. He stated that she drives the road daily in the bus and that many people use the road. Her concern, he said, is for the safety of the children.
VOTED to receive and file.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. 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.
Melinda Hopkins from East Ironstone Road asked why Douglas Pike and West Ironstone Road were paved but East Ironstone Road was not. Richard P. St. Sauveur, Director of Public Works, stated that this work was part of a road completion program.
01-77 VOTED to receive and open the memorandum from Katia Balassiano, Planning Director, regarding an alternative approach to rezoning Route 102.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William A. Andrews. 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: Katia Balassiano, Director of Planning, addressed the issue of rezoning Route 102. She stated that this has been one of the top three priorities of the Town Council for three years. She presented an option that was outlined in the Manager s CIP memo. It involves, she said, a broader study of the Route 102 Corridor, to be conducted by a Comprehensive Plan Committee. The proposal is to consider this part of the CIP budget, allocating $5,000 for facilitating the discussion that could take place within that committee, resulting in potential changes to the Comprehensive Plan that would look at a balanced-corridor approach. Michael C. Wood, Town Manager, stated his belief that this is critical for the Town. To promote balanced economic development and maintain the
rural character and quality of life in Burrillville, Route 102 is essential. He recommended the Town Council strongly consider and fund this. There was a brief discussion of the make-up of the Comprehensive Plan Commission.
VOTED to support and fund through C.I.P.
Motion by Councilor Louis Bleiweis. Seconded by Councilor William E. Gonyea. 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.
01-78 VOTED to adopt a Town Council Resolution regarding filing a CDBG application.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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.
01-79 VOTED to open the correspondence from Cheri R. Hall, Director of Parks & Recreation, regarding the background-check policy and procedures for leagues.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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: Cheri R. Hall, Director of Parks & Recreation, stated that she and the Recreation Commission have worked on a policy for the leagues, and prepared guidelines if the leagues were not in compliance with the policy. Kurt Schatz from the Recreation Commission stated that the Commission had reviewed and approved the policy, including training and criminal background checks for all coaches who utilize Town parks and facilities. He discussed the liability to the Town. He said that it is a good policy that allows Cheri R. Hall the ability to hold back funding or stop a league from using facilities if they are not following the policy. It puts the onus on the leagues to police themselves and make sure their coaches have proper training. There was a brief discussion
of problems that have arisen in the past.
VOTED to approve the policy and procedures of the Recreation Commission.
Motion by Councilor Louis Bleiweis. Seconded by Councilor Jacqueline Zahn. The motion passed six to one. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville. Voting in opposition was Councilman William A. Andrews.
There was a brief discussion of the criteria by which the coaches would be measured, what the appeal process is and what steps coaches can take to expunge their records. Councilor Norman C. Mainville stated that this policy concerns personal crimes toward children.
01-80 VOTED to award the bid to Carter Brothers Oil for the amount of $21,800.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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.
01-81 VOTED to open the memorandum from John P. Mainville, Finance Director, regarding budget/audit reconciliation issues, FYE 6/30/2001.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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.
John P. Mainville, Finance Director, stated that this is the annual rollover of capital funds, to carry to the current fiscal year.
VOTED to authorize the appropriation of the available Capital Improvement Appropriations from fiscal year ending June 30, 2000 in the amount of $515,845 to fiscal year ending June 30, 2001 to be allocated as follows: School Department $230,901; Administration $54,308; Infrastructure $0; Police $0; Recreation $192,246; Library $0; Major Capital Reserve $0; Total $515,845.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Louis Bleiweis. 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.
01-82 VOTED to support the resolution declaring Stag Head Drive, Doe Crossing Drive, Wilson Drive, Deer Run Drive, Round Lake Drive, Fawn Drive and Stag Head Parkway, in the Town of Burrillville, as public highways; and to set a public hearing date of April 30, 2001 at 7:00 p.m. at the Burrillville Middle School.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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.
Resolution Declaring Stag Head Drive, Stag Head
Parkway, Fawn Drive, Round Lake Drive, Deer Run Drive,
Doe Crossing Drive, Wilson Drive,
in the Town of Burrillville as Public Highways.
The Town Council of the Town of Burrillville, acting pursuant to the authority granted to the Town Councils by R.I.G.L. 24-2-1 et seq. hereby declares that STAG HEAD DRIVE, STAG HEAD PARKWAY, FAWN DRIVE, ROUND LAKE DRIVE, DEER RUN DRIVE, DOE CROSSING DRIVE, WILSON DRIVE, in the Town of Burrillville are Public Highways, said highways are set forth in that plan, entitled: Right of Way Plan STAG HEAD DRIVE Assessor s Plat 117, Lots 12, 13, 18-23, 27-29; Assessor s Plat 118, Lots 7-26; Assessor s Plat 134, Lots 3, 4, 8-10; Assessor s Plat 135, Lots 1, 3-8, 10-13, 15-40, 42-107; Assessor s Plat 152, Lots 1-17; Burrillville, RI. Prepared by: ATS Survey, Inc., 75 Sockanosset Crossroad, Suite 300, Cranston, RI. Date: November 28, 2000. Revised: March 7, 2001. Revised: March
12, 2001.
The Town Council finds that the lands constituting the above named streets have been or shall be quietly, peaceable, 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.
01-83 VOTED to open the report from Colonel Bernard E. Gannon regarding the Municipal Court.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. 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: Colonel Bernard E. Gannon outlined the success of the court. He stated that the point was to provide a service to the community, not to show a profit. While they are showing a profit, he stated, it is more important that the Court does provide the service. Councilor Edward F. Bonczek stated that, while he was not initially in favor of the Municipal Court, he congratulated the Colonel and his men, who seem to be doing a really good job with the Court. There was a brief discussion of the finances of the Court, which are sound. Michael C. Wood, Town Manager, added that Lareto P. Guglietta has done a superb job as Court Administrator, the intentions of the program are being met and surpassed, and the people of the Town are benefiting.
VOTED to accept the report, with commendations.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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.
01-84 VOTED to receive and open the correspondence from Melissa L. Hirschmann regarding the property at 1005 Douglas Turnpike.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. 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: Ms. Hirschmann addressed the Town Council, reviewing the facts outlined in her letter. She said she feels she has not been taken seriously by the administration, which cannot show a plan to address the problem. She pointed out animal infestations and the hazard to children who explore the site. In her opinion, the building should be removed. Ms. Hirschmann also mentioned the zoning issue, questioning how the Town proposed to use this lot, considering the problems with water and sewer in the area. As president of the Mohegan Water Association, she stated that they are not in a position to have any new members.
William Bernstein, Assistant Town Solicitor, reviewed the procedure for condemning the property, if the building official feels it suitable. Joseph Raymond, Building Official, reviewed the steps that he had taken in the past and reviewed the process that would be required before taking action. Ms. Hirschmann stated that the process was unacceptable to her because it would be very time-consuming and this has been a problem for a number of years. Councilor Jacqueline Zahn said that the Town Council cannot correct the past, but can fix the situation from here on.
Michael C. Wood, Town Manager, further explained the process, stating that the Town Council would be involved in funding. They will be asked at some point to fund the demolition.
Christine Fasano of Douglas Pike asked whether the property could be boarded properly to keep the children out. There was a brief discussion that the building had been boarded but that the children are finding their way into the building. Michael C. Wood, Town Manager, stated that they would talk to the solicitor s office and resolve the issue.
VOTED to refer to the Town Manager, Building Official and Town Solicitor.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William A. Andrews. 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.
01-85 MOTION to receive and file the correspondence from Roland Leon Huguenin regarding the requirement to present a Social Security Card when renewing a driver s license.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Louis Bleiweis. The vote failed two in favor, five opposed. Voting in favor of the motion were Councilors Jacqueline Zahn and Louis Bleiweis. Voting in opposition were Council President Wallace F. Lees and Councilors William A. Andrews, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
VOTED to receive and open.
Motion by Councilor William A. Andrews. Seconded by Councilor William E. Gonyea. The vote passed, six in favor, one opposed. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville. Voting in opposition was Councilor Louis Bleiweis.
Roland Leon Huguenin read his letter to the Town Council into the record:
March 16, 2001
Burrillville Town Council
Wallace F. Lees, Council President
105 Harrisville Main Street
Harrisville, RI 02830
Dear Mr. Lees
Enclosed you will find a copy of my renewal notice of my drivers License. The first line on this notice reads “must present social security card.”
Enclosed you will also find a copy of a letter that I sent to my Congressman Patrick J. Kennedy. In this letter I advised him of the treatment that I received when I attempted to renew my License and the effort that I went thorough to date.
The reason that I am sending this material to you is that I wish to inform you of this situation and to go on record showing that I am strongly opposed to this situation. I also want this material to be made public and to be entered into the public record in the town hall. Please make this material public at the next Town Council Meeting.
Thank You, Roland Leon Huguenin
Copy Enclosed:
Letter to P.J.K. dated 3/15/01
R.I. Application License
He also read into the record the letter he sent to Congressman Patrick J. Kennedy:
March 15, 2001
Congressman Patrick J. Kennedy
249 Roosevelt Avenue
Pawtucket, RI 02860
Dear Mr. Kennedy
I met with your representative, at your office on 3/14/01 at 1145 A.M. and was quite surprised at the treatment I received at this meeting. I was under the impression that I had elected you to represent me in Washington. The issue that I had attempted to discuss with him at this meeting was, how I was going to get my R.I. driving license (renewal) without having to give the Registry my SS account No. I am 69 Yr. Old and when I received my initial SS account No it had stated on this card that this was not to be used as an identification Number.
The Privacy Act of 1974 (Public Law 93-579) Sec. 7. (a) (1) stated:
It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual s refusal to disclose his social security number.
I was told that this was, by your Rep. that this was a State issue and that I should go to the state to try to get this resolved. I went to the R.I. State House on 3/15/01, and was given the following information. A copy of the newest law on the subject (R.I. General Laws Reenactment of 2000, 31-10-12.), Which showed that there was in fact no Requirement that required a SS # for the renewal of a R.I. drivers License. When I told him ( Mr. Tom Evans) regarding the statement that the Federal Govt. passed a law last year that required a SS# on the license he reviewed the Federal Code and gave me a copy of Title 45 PUBLIC WELFARE CHAPTER III PART 302 STATE PLAN REQUIREMENTS which he said that this was possibly the Sec. That was
possibly referred to. The last time I looked at this Sec. TITLE 45 had nothing to do with drivers License.
My question is this:
What law was passed that deleted (P.L. 93-579 Sec. 7. (a)(1), and when was it passed and how did this effect the Rhode Island Drivers Renewal license Act.
I attempted to get my renewal License on 3/14/01 and got the runaround from Woonsocket to Pawtucket to the Asst. Administrator who told me that a new Federal Law was given to them that required them to obtain the SS account No. to be required on the R.I. License.
Please respond to this request in a timely manner so that I can get my renewal License before my License expires.
Sincerely Yours, Roland Leon Huguenin
CC:
Congressman Jim Langevin
Secretary of State, Edward S. Inman, III
State Representative Robert B. Lowe
State Senator Paul S. Kelly
State Senator Paul J. Fogarty
R.I. Drivers Application
VOTED to receive and file.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Louis Bleiweis. 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.
01-87 VOTED to receive and open the correspondence from Richard A. Bernardo, P.E., Director, Civil and Transportation Services for BETA Engineering, regarding the Mapleville Main Street Bridge Historical Documentation for Federal Funding, Burrillville, RI.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. 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 asked whether any of the $39,727.00 fee is reimbursable. It is not. Michael C. Wood stated that the crucial issue is that this was not planned for and not budgeted, but that the project is ready to move forward. There may be additional costs due to the delay, he said. The bridge cost appears to be over one million dollars but the allocation is only $750,000. The manager has had verbal assurances by the State that the additional cost will be covered.
Richard A. Bernardo, P.E., Director, Civil & Transportation Services for BETA Group, Inc., explained the issues in detail. Among the issues discussed was that the State does not have a list of potentially eligible structures, but react when the request for a permit triggers a review. Councilor Norman C. Mainville stated that the Town had better go ahead with the project.
Councilor William A. Andrews asked whether the $40,000 fee was basically for paperwork. Mr. Bernardo stated that was true. There was a discussion about whether the Narragansett tribe could become involved in the project. Mr. Bernardo said that the Narragansett Tribal Nation might request involvement, but that they do not have an agreement with the Town.
Thomas Marks of Harrisville stated that he previously had been involved and believed that the area had been cleared. He said Mr. Bromley might have the record.
VOTED to receive and file.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Norman C. Mainville. 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.
01-88 VOTED to receive and open the memorandum from Councilor Louis Bleiweis regarding Blue Chip Laboratory Services in the Burrillville area.
Motion by Councilor Louis Bleiweis. Seconded by Councilor Jacqueline Zahn. 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 Louis Bleiweis spoke on behalf of Thomas Marks of the Ashton Court Association, reviewing the situation outlined in Mr. Marks letter.
VOTED to adopt a resolution in support of the Ashton Court Club in obtaining laboratory services closer to Burrillville.
Motion by Councilor Louis Bleiweis. Seconded by Councilor Norman C. Mainville. 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.
01-89 VOTED to open the memorandum from Councilor Jacqueline Zahn, Chair, Burrillville Town Council Screening Subcommittee, regarding the subcommittee s recommendation to amend the resolution establishing the Redevelopment Agency.
Councilor Jacqueline Zahn stated that the Screening Subcommittee recommended increasing the number of members of the redevelopment agency, since there had been many applications for the Agency and it would be to the Town s advantage to have five regular members and two alternate members.
VOTED to amend the resolution as follows:
Amendment to Resolution
Amendment to the July 26, 2000 Resolution establishing a Redevelopment Agency for the Town of Burrillville.
Appointment and Composition of Agency: The Agency shall consist of Seven (7) resident electors of the Town of Burrillville who shall be appointed by the President of the Town Council subject to approval of the Town Council, as follows; five (5) members shall be regular members of the agency and two (2) members shall serve as alternates. The alternates shall have the right to participate in Agency discussions and responsibilities but shall not have the right to vote on any item unless a regular member of the Agency is absent. No member of the Agency may be an elected officer or an employee of the community. The powers of the Agency shall be vested in the members of the Agency then in office.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Louis Bleiweis. 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.
01-90 VOTED to open the memorandum from Councilor Jacqueline Zahn, Chair, Burrillville Town Council Screening Subcommittee, regarding the subcommittee s recommendations for appointments and reappointments.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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 reappoint Jeffrey Partington, Michael Lupis and Ray Levesque to the Burrillville Planning Board; Patrick McDonald to the Zoning Board of Review; Joseph Mattera and Charlotte Gabrielson to the Burrillville Juvenile Hearing Board; and Richard R. Dionne to the Burrillville Conservation Commission.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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 appoint Stephen Rawson to the Burrillville Conservation Commission to fill the expired term of Paul Samek, effective April 1, 2001.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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 Jacqueline Zahn, Screening Subcommittee Chair, reviewed the committee s actions regarding their recommendations for the Redevelopment Agency. She stated that all applicants had been interviewed, with the exception of Kevin Menard, due to problems in scheduling interviews. The committee felt, she said, that they knew Mr. Menard s work well enough to make this recommendation. Councilor Jacqueline Zahn also stated that the resolution calls for the President to make the appointments to the agency: she outlined the subcommittee s recommendation.
Council President Wallace F. Lees appointed the following members of the of the Redevelopment Agency: Kevin Menard, 5-year term; Brian Lanoie, 4-year term; Jim Langlois, 3-year term; Jeffrey Barr, 2-year term and Jaime Droste, 1-year term; Tom Humphrey and Maxime Menard as alternates with one-year terms.
Councilman Norman C. Mainville asked whether Kevin Menard would have a conflict due to his sitting on this Agency and being a member of the Industrial Foundation. William Bernstein, Assistant Solicitor, suggested that Mr. Menard should seek an opinion from the Ethics Commission.
VOTED to confirm the appointments of the Town Council President.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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.
01-91 VOTED to open the memorandum from Louise R. Phaneuf, Town Clerk, regarding the Burrillville Town Council Ordinance Subcommittee recommendation on salary alternatives for the Town Council.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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.
Councilor William A. Andrews stated that the subcommittee decided to recommend that, instead of a raise , the Town Council should establish a contingency expense account for seminars, conferences, workshops and meetings; the account to be overseen by the Council President and Town Manager, with an update to be submitted to the Town Council every three months. Councilor Norman C. Mainville stated that this recommendation does not take the School Committee into account. There was a brief discussion that the school committee is in charge of their salaries, and the Town Council could review these salaries at the School Committee s request.
VOTED to accept the plan to include a contingency fund as recommended by the ordinance subcommittee.
Motion by Councilor Edward F. Bonczek. Seconded by Councilor William A. Andrews. The motion passed, six in favor, one opposed. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville. Voting in opposition was Councilor Louis Bleiweis.
01-92 VOTED to open the memorandum from Louise R. Phaneuf, Town Clerk, regarding the Burrillville Town Council Ordinance Subcommittee recommendation on the proposed amendment to Town Ordinance 6.4 Stop Signs.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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 set a public hearing for April 11, 2001 at 7:00 p.m.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William A. Andrews. 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.
01-93 VOTED to receive and open the memorandum from Louise R. Phaneuf, Town Clerk, regarding the Burrillville Town Council Ordinance Subcommittee recommendation on the proposed amendment to Town Ordinance 11-7.5 Home Occupations.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline. 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 accept the changes as recommended by the Ordinance Subcommittee.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Norman C. Mainville. 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.
01-94 VOTED to receive and open the memorandum from Louise R. Phaneuf, Town Clerk, regarding the Burrillville Town Council Ordinance Subcommittee recommendation on the proposed amendment to the town policy on gifts.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. 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 rescind the vote of 5/31/2000 and follow the State rules in place, as amended.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Norman C. Mainville. 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.
01-95 VOTED to receive and approve the reinstatement of Brian C. Bouthillette
Motion by Councilor Norman C. Mainville. Seconded by Councilor William A. Andrews. 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.
Michael C. Wood pointed out that the reinstatement of Brian C. Bouthillette would add another police officer to the budget. If the Town Council approved, Mr. Bouthillette would probably be offered a job effective July 1, 2001.
01-96 VOTED to open the memorandum from Michael C. Wood, Town Manager, regarding scheduling a joint meeting between the Town Council and the Special Building Committee.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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: Michael C. Wood, Town Manager, stated that continuing services to evaluate building needs have not yet been included in the Capital Plan. A decision needs to be made whether this committee will continue.
VOTED to leave it to the call of the chair.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William A. Andrews. 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.
01-97 VOTED to appoint Councilor Louis Bleiweis liaison to the Sewer Commission.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William A. Andrews. 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: Michael C. Wood, Town Manager, pointed out that this is a very important issue for the Town and recommended more than one member might want to participate. The problem is that the Sewer Commission meets at 10:00 a.m., which makes it difficult for some members to attend.
9. Town Clerk/Communication:
01-99 VOTED to receive and file the correspondence from the Town of Glocester, seeking support of a resolution to increase the Hotel/Motel Room Tax.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Norman C. Mainville. 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.
01-100 VOTED to receive and file the correspondence from the City of Newport, requesting support of a resolution prohibiting use of cell phones by school bus drivers.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Norman C. Mainville. 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 brief discussion of the need for bus drivers to have cell phones to communicate, particularly when they are out of town or during emergency situations.
01-101 VOTED to receive and file the correspondence from the City of Newport, requesting support of a resolution requesting legislation granting notorial powers to members of city and town councils.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. 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.
01-102 VOTED to receive and file the copy of the resolution from the Town of North Kingstown regarding port facilities at Quonset Point/Davisville.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Norman C. Mainville. 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. VOTED to receive the following reports:
1. Town Treasurer: YTD February 2001
2. Sewer Commission Superintendent: February 2001
3. a. Tax Collector: February 2001
b. Copy of the report submitted to Town Treasurer by the Tax Collector for Tax Certificates issued during the month of February 2001
c. Copy of the report submitted to Tax Collector for the Burrillville Sewer Commission for the month of February 2001
4. Department of Public Works: February 2001
5. Chief of Police: No Report
6. Office of Building Official: November & December 2000; January & February 2001.
7. Animal Control Officer: February 2001
8. Town of Burrillville Housing Authority: Meeting of01/08/2001 & 02/12/01
9. Planning Board: Meeting of 2/12/01; Workshop of 1/29/01
10. Zoning Board of Review: No Report
11. Burrillville Sewer Commission: Meeting 2/13/01
12. Town Planner: 2/23/01 through 3/21/01
13. Parks and Recreation Department: March 2001
14. Information Systems Department: March 2001
15. Personnel Board: Meetings January 15, 22, 29 and February 19, 2001
16. Burrillville Conservation Commission: Meeting of 3/12/01
17. Screening Subcommittee: Meeting 2/19/01
18. Juvenile Hearing Board: No report
19. Budget Board: No Report
20. Burrillville High School Building: No Report
21. Gazebo Committee: No Report
22. Board of Assessment Review: Meetings 2/27/01
23. Special Building Committee: No Report
24. Burrillville Library Facilities Committee: Meeting of 2/8/01
25. Ordinance Subcommittee: Meetings of February 14 & 21, 2001.
Motion by Councilor Louis Bleiweis. Seconded by Councilor Jacqueline Zahn. 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.
11. Additional New Business to be considered and acted upon: None
12. VOTED to adjourn at 10:05 p.m.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Norman C. Mainville. 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 public hearing is on file with the record of the minutes. The hearing 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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