All of the following resolutions (except as otherwise noted) were passed by unanimous voice vote of the members present.

Transcription

1 FEBRUARY 9, 2009 BOOK 100 PAGE 377 At the Regular Meeting of the Town Council of the Town of North Kingstown, County of Washington, and State of Rhode Island, held in and for said Town, County, and State this 9th day of February, 2009 at the Beechwood House Senior Center, 10 Beach Street, at 7:00 p.m. PRESENT WERE: ALSO PRESENT: Elizabeth S. Dolan, President Michael S. Bestwick Steven R. DeToy Carol H. Hueston Charles H. Stamm Michael Embury, Town Manager James D. Marques, CMC, Town Clerk Jeannette Alyward, Deputy Town Clerk James H. Reilly, Town Solicitor All of the following resolutions (except as otherwise noted) were passed by unanimous voice vote of the members present. An audio recording of this meeting was made to supplement the written record. 1. Call to Order The Regular Meeting of the Town Council of the Town of North Kingstown held on February 9, 2009 was called to order by President Dolan. 2. Notice of Meeting being posted Pursuant to R.I.G.L (c), notice of this meeting has been posted on the Secretary of State s Website. 3. Salute to Flag President Dolan led those in attendance in saluting the flag. I. CONSENT AGENDA Motion by Councilor Hueston, seconded by Councilor Stamm and unanimously VOTED: To approve Consent Agenda Item Numbers 4 through 21 as presented. 4. Approval of Minutes VOTED: To approve the minutes of the Regular Meeting of January 12 and the Regular Meeting of January 26, 2009 as submitted by the Office of the Town Clerk. 5. Letter of Resignation VOTED: To accept the letter of resignation from H. Al Lewis, resigning from the Harbor Management Commission, and that the Town Council President send a letter of appreciation to him for the dedicated service he gave to the Town of North Kingstown. 6. Receipt of Donations VOTED: To accept with gratitude the following donations in the amount of $3,125.00: For: North Kingstown Senior Center From: Cathleen and John Dowd $20.00 For: North Kingstown Senior Center In Memory of Amelia Gadrow From: Paul and Carol Thayer and Family & John and Susan Berry and Family $80.00

2 FEBRUARY 9, 2009 BOOK 100 PAGE 378 For: North Kingstown Senior Center To be used for Class Instructors From: North Kingstown Senior Association $3, For: North Kingstown Senior Center In Memory of Joseph Godena From: Mildred Golding $ Tax Abatement List #716 VOTED: To approve Tax Abatement List #716 submitted by Linda Cwiek, Tax Assessor, in the amount of $3,818.52; and it was FURTHER VOTED: That overpayments, if any, resulting from these abatements are hereby approved for refund by the Tax Collector. 8. Abatement of Uncollectable Taxes VOTED: To approve the Tax Collector s Abatement List submitted by Patricia A. Sunderland, Finance Director, in the amount of $110, Authorization for Expenses VOTED: That the Town Manager is authorized to expend from the Farmland and Open Space Reserve Fund in an amount up to $50,000 for anticipated expenses for legal, appraisal, and environmental review service. 10. Amendment to the Town Council Meeting Calendar VOTED: To amend the Town Council Meeting Calendar for 2009 as follows: Change the April 6, 2009 Regular Meeting to April 7, 2009 Cancel the May 4, 2009 Regular Meeting 11. Extension of Bid Award A resolution was passed as follows: WHEREAS, the Town Council on March 12, 2007 awarded a bid for Portable Toilet Rentals to Paul Mumford & Son Cesspool Service, Inc.; and WHEREAS, Mr. Mumford has offered to extend the bid for another year for the same unit bid prices. NOW, THEREFORE, BE IT RESOLVED: To extend the bid award for Portable Toilet Rentals for another year to Paul R. Mumford & Son Cesspool Service, Inc., 160 Railroad Avenue, Saunderstown, RI 02874, for various unit bid prices, for a subtotal bid price of $5,209.47, and the inclusion of the cost of the rentals for the Town Beach (Fireworks) and Art Festival weekend, for an added $1,750.00, for a grand total of $6,959.47, with unit bid pricings of any extra units, for a bid price of $50.00/week for all types, $54.17 month for regular portable units, $125.00/month for handicap units, and $150.00/month for wash stations, with all pricings to remain firm from April 1, 2009 through March 31, 2010, with funding as follows: Public Works, , $1,300.00; Recreation, , $2,315.28; Water, , $650.00; Golf Course, , $820.00; Allen Harbor, , $549.19; Art Festival, $1,250.00; and Senior Center, , $75.00.

3 FEBRUARY 9, 2009 BOOK 100 PAGE Sole Vendor Service Contract VOTED: To award the purchase of a service contract for the Lifepak Defibrillators used on the rescues and fire engines to the sole vendor, Medtronic Emergency Response Systems, Willows Road NE, PO Box 97006, Redmond, WA 98073, in the amount of $6, Award of Bid VOTED: To award the bid for Title and Tax Sale Services to the lowest evaluated/responsive bidder, Greenwich Bay Title & Abstract Company, 31 Pierce Street, East Greenwich, RI 02818, for a charge for Title Search, Notice and Advertisement preparation, etc. per name, for a bid price of $65.00; for a charge, per parcel, tax deed, $20.00; and no charge for continuation of Tax Sale Services; Optional second and third years for Title Search, Notice and Advertisement preparation, etc. per name, for a bid price of $65.00; for a charge, per parcel, tax deed, $20.00; and no charge for continuation of Tax Sale Services; with the optional second and third year award contingent upon satisfactory performance by the vendor; and it was FURTHER VOTED: That the Town Council of the Town of North Kingstown hereby authorizes the placing to Tax Sale of all Real Estate in the Town of North Kingstown for which taxes assessed December 31, 2006, for 2007 taxes on Real Estate are unpaid, and directs the commencement of Tax Sale procedures as required by law. 14. Detective License (renewal) VOTED: To approve to December 1, 2009 the application for renewal of a Detective License by Richard Nagele, 66 Walnut Road, subject to taxes and water paid to date. 15. Holiday Sales License (new) VOTED: To approve to July 1, 2009 the application for a Holiday Sales License by Lowe s Home Centers, Inc., dba Lowe s Home Centers, 1530 Davisville Road, subject to taxes and water paid to date. 16. Refuse Collector Commercial For Hire Licenses (2) (renewal) VOTED: To approve to January 1, 2010 the application for renewal of two (2) Refuse Collector Commercial For Hire Licenses by Henry Waste Disposal, Inc., 1370 Scituate Avenue, Cranston 02921, subject to taxes and water paid to date. 17. Refuse Collector Commercial Not For Hire Licenses (2) (renewal) VOTED: To approve to January 1, 2010 the application for renewal of two (2) Refuse Collector Commercial Not For Hire Licenses by Midland Landscaping, Inc., 212 Sachem Road, subject to taxes and water paid to date. 18. Refuse Collector Commercial Not For Hire License (new) VOTED: To approve to January 1, 2010 the application for a Refuse Collector Commercial Not For Hire License by Ecologic Spray Foam Insulation, Inc., 500 Callahan Road, subject to taxes and water paid to date.

4 FEBRUARY 9, 2009 BOOK 100 PAGE Peddler License Renewals VOTED: To approve to February 1, 2010 the attached list of Peddler License Renewals, subject to taxes and water paid to date and receipt of the following: 1. RI Retail Tax Permit 2. State Department of Health Certificate (if necessary) 3. Litter Tax Permit (if necessary) 4. Letter of consent from the property owner where vending (if stationary) 5. Motor Vehicle Registration (if necessary) 20. Victualling License Renewals VOTED: To approve to December 1, 2009 the applications for renewal of the following Victualling License Renewals, subject to taxes and water paid to date: 21. Pole Location North Kingstown American Little League McGinn Park Location PO Box 846 North Kingstown, RI North Kingstown American Little League Signal Rock Park Location PO Box 846 North Kingstown, RI VOTED: To grant the petition by The National Grid Electric Company for one (1) pole location on Dry Bridge Road. II. PUBLIC HEARINGS 22. Second Reading Amendment to Chapter 2, Article V, Division 7 Motion by Councilor Stamm, seconded by Councilor Hueston and unanimously voted: To close the Public Hearing. Motion by Councilor DeToy, seconded by Councilor Stamm and unanimously VOTED: To adopt an Ordinance in Amendment of Chapter 2, Article V, Division 7, of the Code of Ordinances, Town of North Kingstown, entitled, Asset Management Commission by amending Section 2-330(c), entitled, Created; appointment; composition, and that this shall constitute the Second Reading thereof. III. REPORTS 23. Report to Town Council by Town Manager Town Manager Embury reported on the following: It has been a busy week for the Public Safety Department. There was a fire on Stony Lane and both occupants were removed by the Fire Department. Based upon the Fire Chief s statistics, the Slocum Fire Station, which opened on January 23, 2009, responded to 62 alarms which makes it the second busiest station. Station 1 was the busiest with 72 alarms. Slocum Fire Station is a well located facility and responded to the fire very quickly. There was an incident yesterday involving the shooting of an officer. The officer is home and in good condition. The officers responded as they were trained and fortunately it turned out a lot better than it might have been.

5 FEBRUARY 9, 2009 BOOK 100 PAGE 381 Received an invitation by for a ribbon cutting ceremony for a business at the Stop and Shop Plaza on Ten Rod Road for Friday, February 13, 2009 at 9 a.m. Distributed an article on cyber crime. The School Committee appointed Matthew Leonard to the Consolidation Committee. He distributed copies of the Special Legislative Commission to Review the Project Approval Processes for the Quonset Development Corporation. The basic change is any proposal be sent to the Town Planner for a 15 day period for determination to see if the plan is in conformance with the North Kingstown Comprehensive Plan. If it is not in conformance, it will be sent to the Council for review. The Council congratulated IT Director Jason Albuquerque for completing the installation of equipment in the rescue trucks and about the article in the February edition of the North Kingstown Villager. North Kingstown is way ahead in the information games. 24. Quonset Business Park The Deepwater Wind Proposal is still tentative due to funding issues. IV. OLD BUSINESS 25. Postponement of Expenditures for the Stabilization of the Beechwood House and Construction of the Bandstand Motion by Councilor Stamm, seconded by Councilor DeToy and unanimously VOTED: To authorize the Town Manager to postpone the expenditure of stabilization funds for the Beechwood House and construction of the Bandstand by amending the existing contract with ADS to reflect this postponement and defer a final decision until the Town Council has rendered a final decision on the future of the Beechwood House and construction of the Bandstand. 26. Establishment of a Wickford Elementary School and Beechwood House Reuse Advisory Committee Motion by Councilor Hueston, seconded by Councilor DeToy and unanimously VOTED: To establish the Wickford Elementary School and Beechwood House Reuse Advisory Committee. The Committee shall consist of seven (7) members as follows: One (1) representative of the Economic Development Advisory Board to be appointed by the Chair of the Economic Development Advisory Board One (1) representative of the Asset Management Commission to be appointed by the Chair of the Asset Management Commission One (1) representative of the Planning Commission to be appointed by the Chair of the Planning Commission One (1) representative of the North Kingstown Chamber of Commerce to be appointed by the North Kingstown Chamber of Commerce Board of Directors Three (3) At-large representatives to be appointed by the Town Council The Committee shall further consist of the Town Manager and the Director of Public Works each of whom shall act in an ex-officio capacity.

6 FEBRUARY 9, 2009 BOOK 100 PAGE 382 Such advisory committee is charged with the following tasks: Explore all options outlined in the Town Manager s report reflected in the January 26, 2009 Town Council Meeting Minutes and any other options the committee deems worthy of study with respect to both buildings Hold public hearings and collect any and all information from the public as part of the study process Prepare a report and make recommendations to the Town Council within 45 days from the appointment of the At-large members at the February 23, 2009 Town Council Meeting 27. Additional charge for the Economic Development Advisory Board Motion by Councilor Hueston, seconded by Councilor Bestwick and unanimously VOTED: To have the Economic Development Advisory Board review the following: Present plan to the Town Council for the streamline of the development process To create a liaison between businesses and the Town through the use of local volunteers Make a recommendation to the Town Council on the implementation of a phased-in tax program like the Town has for Quonset businesses Develop a permitting road map to make the process easier and smoother for businesses locating or expanding in North Kingstown Explore the work frequency of development related Commissions, Committees and Boards and it was FURTHER VOTED: That the Board submit a report to the Town Council within ninety (90) days. V. NEW BUSINESS 28. Arts Council Appointments Motion by Councilor DeToy, seconded by Councilor Hueston and unanimously VOTED: To appoint the following six (6) members to the Arts Council to March 1, 2011: Michele Bednarick, 10 Signal Rock Drive, reappointed Melissa K. Devine, 8 Brown Street, reappointed Anthony Giarrusso, 75 South Road, reappointed Frances R. Quinlan, 179 Beach Street, reappointed Susan W. McCarthy, 93 Hornet Road, reappointed Mailing Address: PO Box 257, North Kingstown Kim Pinksaw, 78 Hancock Drive and that the appointment of one (1) member to March 1, 2010, to fill the unexpired term of Geoffrey Skog be re-advertised. 29. Harbor Management Commission - Appointments Motion by Councilor Hueston, seconded by Councilor Stamm and unanimously VOTED: To appoint the following three (3) members to the Harbor Management Commission to March 1, 2011:

7 FEBRUARY 9, 2009 BOOK 100 PAGE 383 William H. King, 165 Sauga Avenue, reappointed Waterfront Property Owner Representative Dawson Hodgson, 761 Indian Corner Road, Slocum Mailing Address: PO Box 4, Slocum Citizen At-Large Barbara Ray, 30 Bates Avenue, reappointed Public Access Representative 30. Library Board of Trustees Appointment Motion by Councilor Hueston, seconded by Councilor Stamm and unanimously VOTED: To appoint Joan Ehrhardt, 49 Main Street, to the Library Board of Trustees to October 1, 2011, to fill the unexpired term of Howard J. Brown. 31. Personnel Board - Appointment Motion by Councilor DeToy, seconded by Councilor Stamm and unanimously VOTED: To reappoint Roger F. Walsh, 82 Wampanoag Circle, to the Personnel Board to March 1, Tree Warden - Appointment Motion by Councilor Stamm, seconded by Councilor Hueston and unanimously VOTED: To reappoint David Nickerson, 69A Old Rose Hill Road, Wakefield 02879, as Tree Warden to March 1, Capital Improvement Program for Fiscal Years Motion by Councilor Hueston, seconded by Councilor Stamm and unanimously VOTED: That the Town Council of the Town of North Kingstown does hereby receive and file the Capital Improvement Program for Fiscal Year 2010 Fiscal Year 2015 as submitted by the North Kingstown Asset Management Commission on January 31, YMCA Proposal Motion by Councilor Stamm, seconded by Councilor Bestwick and unanimously VOTED: To adopt the proposal that the West Bay Family YMCA oversee the operation of the Town Beach for the summer of 2009 and that the Town Manager proceed with the assistance of the Town Solicitor to enter into the appropriate agreement with the West Bay Family YMCA as they may determine subject to the West Bay Family YMCA obtaining adequate insurance coverage to be deemed adequate by the Town Solicitor and the Town Manager and that the Town of North Kingstown is named as additional insured. 35. Request that the North Kingstown Legislative Delegation submit Legislation Motion by Councilor DeToy, seconded by Councilor Hueston and unanimously VOTED: That the North Kingstown Legislative Delegation is hereby requested to submit legislation and seek passage of an Act relating to an amendment to Rhode Island General Laws Section , entitled, Combination of voting districts.

8 FEBRUARY 9, 2009 BOOK 100 PAGE a. Endorsement of Enabling Legislation Motion by Councilor Stamm, seconded by Councilor Bestwick and unanimously VOTED: To support amended state legislation that will increase the property value limit for tax exemption for Cocumscussoc Association (Smith s Castle) to four (4) million dollars and Gilbert Stuart Memorial, Inc. to two (2) million dollars. 36. Correspondence Councilor Bestwick received a letter from Richard Beneduce, 81 Fawns Run, regarding snow removal and emergency vehicle access. Fawns Run is a private road and he would like to have the road become a Town road. Mr. Embury will send him information on the process that is required to have the Town accept the road. Councilor Hueston received several correspondences regarding not moving forward with the stabilization plan of the Beechwood House. Councilor DeToy noted that correspondence had been received tonight from the Historic District Commission asking for representation on the Wickford Elementary School and Beechwood House Reuse Advisory Committee. President Dolan received a letter regarding traffic issues at the North Kingstown Post Office when people go over to Rite Aid, i.e. ignoring speed bumps and stop signs. Mr. Embury stated that Lt. Arruda will review the situation and the Director of Planning and Development will review the site plan for the drug store to see if the access was part of the approval of the drug store. President Dolan noted that the Council had received a resolution from the Town of Burrillville requesting cities and towns support the resolution regarding Legislation Requiring Utilities to Pay for Relocation of Infrastructure. It will be placed on the next agenda for Council action. President Dolan also noted that the Town Council had received copies of the 2008 Kent County Water Authority Annual Report. Councilor Stamm noted that the Town Council had received a request from an attorney requesting a liquor license for his client. It will be placed on a future Town Council agenda for action. 37. Public Comment James McGwin, 412 Chimney Rock Drive, stated that he is encouraging the way the Council is working together and addressing the issues as well as the Manager s process towards the budget and the Wickford Elementary School. As a member of the Washington County Consolidation Group, he and the Group have been meeting with various state officials and last week he received charts from Gary Sasse. The Rhode Island personnel income growth is declining. In 2007, it was declining, but when it was looked at in May 2008, it declined more than original expectations, and declined again in November Also Rhode Island s general revenues are going down. Although North Kingstown is in better shape than other communities, there is still a lot to do. A couple of things that been put out there is a zero percent pay increase for one year, all departments, at least 15% contribution to health care costs, all departments. One area that he is concerned about is the barriers to consolidation from the other side, i.e. consolidation of IT, use of Granicus, security of the schools, etc. He is concerned that in this economic climate, we are getting resistance of working together.

9 FEBRUARY 9, 2009 BOOK 100 PAGE 385 Karen Salvatore, 621 Gilbert Stuart Road, stated that the Town could save up to $300,000 a year by turning off street lights. She suggested that the Council look into it and take the lead and other communities may follow. Savings could be used for good striping on the roads. Ken Reuter from Elco Electric who lives in Florida stated his neighborhood does not have street lights and driving at night is a different experience. There are no distractions and no light pollution. He has ed the Governor suggesting that the State shut lights off for a month as a trial. He feels we do not need the lights and that it s a safety distraction. VI. ADJOURNMENT The meeting adjourned at 8:43 p.m. James D. Marques, CMC Town Clerk