PORTSMOUTH TOWN COUNCIL MEETING

March 23, 2009

 

7:00 p.m. – Town Council Chambers, Town Hall, 2200 East Main Road

 

MEMBERS PRESENT:  Peter J. McIntyre, Hubert E. Little, Jeffrey C. Plumb, and

                                         James A. Seveney

 

MEMBERS ABSENT:    Dennis M. Canario, Karen J. Gleason and Keith E. Hamilton

 

PLEDGE OF ALLEGIANCE

 

A moment of silence for our men and women around the world in harm’s way.

 

TOWN COUNCIL

CONSENT AGENDA – None.

 

BOARD OF LICENSE COMMISSIONERS

 

ENTERTAINMENT LICENSE

1.     Providence Rugby Club, Beast of the East Rugby Tournament, Glen Farm Special Events Fields, April 18-19, 2009

 

A motion by Mr. Seveney, seconded by Mr. Little, to approve the Entertainment License for Providence Rugby Club, Beast of the East Rugby Tournament, Glen Farm Special Events Fields, for April 18-19, 2009.  All voted in favor of the motion.

 

PEDDLER LICENSE

1.     Rugby Imports, Ltd., Beast of the East Rugby Tournament, Glen Farm Special

Events Fields, April 18-19, 2009

 

A motion by Mr. Seveney, seconded by Mr. Little, to approve the Peddler License for Rugby             Imports, Ltd., Beast of the East Rugby Tournament, Glen Farm Special Events Fields, for       April 18-19, 2009.  All voted in favor of the motion.

 

VICTUALLER LICENSE WITH FEE WAIVER REQUEST

1.     Portsmouth Lions Club, Beast of the East Rugby Tournament, Glen Farm Special Events Fields, April 18-19, 2009

 

A motion by Mr. Seveney, seconded by Mr. Plumb, to approve the Victualler License with Fee Waiver for Portsmouth Lions Club, Beast of the East Rugby Tournament, Glen Farm Special Events Fields, April 18-19, 2009.  The motion carried 3-0 with Mr. Little abstaining due to a possible conflict of interest.

 

A motion by Mr. Little, seconded by Seveney, to adjourn as a Board of License Commissioners.           All voted in favor of the motion.

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ADJOURN

 

TOWN COUNCIL

 

PRESIDENT’S EXECUTIVE SUMMARY - None

 

MINUTES – TCM 3/9/09 (6:30 p.m.), TCM 3/9/09 (7:00 p.m.) and Exec.

 

A motion by Mr. Little, seconded by Mr. Plumb, to accept as written the minutes of 3/9/09 (6:30   p.m. and 7:00 p.m.) and Executive Session.  The motion carried 3-0 with Mr. Seveney abstaining due to his absence.

 

BILLS

 

A motion by Mr. Seveney, seconded by Mr. Little, to pay all just and due bills in the amount of             $116,811.75.  All voted in favor of the motion.

 

TOWN ADMINISTRATOR’S REPORT

 

  • Easter Egg Hunt at the Brown House on April 11th
  • Wind Turbine update by Gary Gump

            Twenty megawatts of energy generated so far (about $3,000. of revenue for Town)

            Guaranteed that for first six months we will receive 90% of all energy produced (calculated by available wind speed) and 95% of energy produced for next two years.

            There is a two year warranty on the machine.

 

APPOINTMENTS AND RECOGNITIONS

 

RECOGNITION:  Receipt of $125,000. Grant from the Heritage Foundation/Open Space                                        Committee

 

Helen Furriel, Open Space Committee, announced the Town of Portsmouth and the Aquidneck Land Trust have been awarded a grant of $250,000.00 from the State of Rhode Island for the Green Valley Conservation Project.  The grant is to be divided equally. 

 

OLD BUSINESS

OB 1 - Rationalization of Legislative Jurisdiction/Melville Area/Dept. of the Navy

 

A motion by Mr. Seveney, seconded by Mr. Little, to approve the change in jurisdiction as             presented.  All voted in favor of the motion.

 

President McIntyre presented a town tile to Captain Poirier as the first Naval Station Newport Commanding Officer to attend a Town Council Meeting.

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OB 2 - February Revenue and Expenditure Reports for FY 2008-09

 

No action.

 

NEW BUSINESS

 

NB 1 and NB 2 were heard together.

 

NB 1 - Annual Financial Report for the Fiscal Year Ending 6/30/08

NB 2 - Presentation Concerning Audited Financial Statements, Management Letters and Single             Audit Report                          

 

Jim Wilkinson, Braver P.M., presented the Annual Financial Report and answered questions.

 

A motion by Mr. Little, seconded by Mr. Seveney, to receive and place on file the Annual             Financial Report.  All voted in favor of the motion.

 

NB 3 - Request to Revise the School Dept. Budget for FY 2008-09 

 

Item 3 was withdrawn, to be returned on April 13th.

                                                                                                                       

NB 4 - Coyote Coexistence and Management Plan for Aquidneck and Conanicut Islands/Narragansett Bay Coyote Study                     

 

Dr. Numi Mitchell asked for Council members to join a multi-municipal workshop on designing a coexistence and management plan and implementing it for Aquidneck Island and Jamestown.

 

A motion by Mr. Plumb, seconded by Mr. Seveney, to have Mr. Plumb and Mr. Hamilton represent the Town Council.  All voted in favor of the motion.

 

NB 5 - Portsmouth Solid Waste/Recycling Study Committee/Annual Report

 

Judi Staven, Chairperson, and committee members Rick Taylor and Robert Gessler presented the annual report.

 

A motion by Mr. Little, seconded by Mr. Seveney, to authorize a bin at the Transfer Station for

            asphalt, brick and concrete (ABC).  All voted in favor of the motion.

 

Mr. Driscoll stated that his office will coordinate a plan to get credit for diversions.  (Diversions such as the 42.81 tons of Christmas tree chips diverted from the solid waste stream along with businesses’ privately picked up recycling and the recycling done on Prudence Island.)

 

Mr. Driscoll will work with the Committee on a resident and business recycling plan.

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NB 6 - Joint Earth Day Celebration/Conservation Com., Solid Waste/Recycling Study Com.,

            Tree Commission

 

A motion by Mr. Seveney, seconded by Mr. Little, to approve the use of the Portsmouth Town             Hall parking lot for the Joint Earth Day Celebration on April 25th.  All voted in favor of         the motion.

 

NB 7 - Bristol Ferry Town Common Committee Update                   

 

Esmond Douglas Smith, Chairman, requested the Council authorize DPW to install the granite boundary markers and help with the site clean up.  The Committee is developing informational signage telling the history of the site. 

 

NB 8 - Discussion of Town Center Project/$950,000. Engineering and Design Studies

 

A motion by Mr. Little, seconded by Mr. Seveney, to set up a workshop on the Town Center             Project.  All voted in favor of the motion.

 

NB 9 -  Memorandum of Agreement/East Bay Energy Consortium    

 

Gary Gump said this is a no cost commitment to the Town.  They will be looking at all renewable energies requirements across the entire East Bay and would keep the Town in the loop with whatever public developments are happening.

 

A motion by Mr. Seveney, seconded by Mr. Little, to approve the agreement.  All voted in favor    of the motion.

 

NB 10 - Town Council Meeting Protocol Regarding Correspondence Items

 

A motion by Mr. Seveney, seconded by Mr. Little, Council modify its current meeting protocol

            to allow any individual councilor to make a case that something coming up under             discussion from the Correspondence list looks like it’s going to be a consequential             discussion and therefore should be tabled and put on the business agenda for the             following meeting.  All voted in favor of the motion.

 

NB 11 - Opposition to House Bill 5122-Placing the Turnpike & Bridge Division under the

              Auspices of the Dept. of Transportation

 

A motion by Mr. Little, seconded by Mr. Seveney, to oppose the bill and send a resolution to our

            representatives and the Councils of Middletown and Newport.  All voted in favor of the       motion.

 

 

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TOWN OF PORTSMOUTH, RI

RESOLUTION # 2009-03-23

 

                              WHEREAS:         The Portsmouth Town Council voted unanimously, at their regularly scheduled                                          Council Meeting of March 23, 2009, to oppose House Bill 5122, An Act                                             Relating to State Affairs and Government – Department of Transportation.

                              The Town Council is strongly opposed to turning the jurisdiction of all bridges                                 over to the Rhode Island Department of Transportation, and 

 

                              WHEREAS:         it is their belief that these bridges, should remain under the jurisdiction of the                                            “Turnpike and Bridge Division”, of the Rhode Island Turnpike and Bridge                                 Authority, and would be better served by an agency created for their purpose                                           and not under the auspices of the Rhode Island Department of Transportation,                                and

 

                              NOW THEREFORE BE IT RESOLVED, that the Council of the Town of Portsmouth is strongly                                    opposed to House Bill 5122 and its implementation, and

 

                              BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Town of                                              Portsmouth’s Delegates to the General Assembly with the request that they                                             inform their colleagues of this Resolution and that they also oppose House Bill                                     5122.

 

ADOPTED: March 23, 2009.

                                                                                          _______________________________

                                                                                                         Peter J. McIntyre, President,

                                                                                                         Portsmouth Town Council

 

NB 12 - Request to Approve a Revised Vehicle Usage Policy                      

 

John King, 23 Hope Avenue, spoke of concerns for public safety.  The Police and Fire Chiefs’ vehicles act as mobile command posts.

 

President McIntyre said that main issue is the use of town vehicles by department heads with their families and the liability to the Town. 

 

Mr. Driscoll stated that the department heads are on call 24/7 and their personal use of the vehicle has been the Town policy for many years. 

 

A motion by Mr. Plumb, seconded by Mr. Little, to send the policy back to Mr. Driscoll and Mr.

            Faucher for a comprehensive review, to make the changes needed and to prepare a new             plan.  All voted in favor of the motion.

 

NB 13 - Award of Contract for Melville Bath House Bid #P09-024 

 

A motion by Mr. Little, seconded by Mr. Seveney, to award a contract for construction to             Beachview Building Company, Inc., Middletown RI for $109,232.00.  Funding will come    from the Melville Reserve Account.  All voted in favor of the motion.

 

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Mr. Plumb stated for the record that he voted with the majority in case he wants to bring this up at a later date.

 

NB 14 - Tax Vouchers #20090323 01 - #20090323 06                     

 

A motion by Mr. Seveney, seconded by Mr. Little, to approve Tax Vouchers #20090323 01 –

            #20090323 06.  All voted in favor of the motion.

 

CORRESPONDENCE

            1.   Invitation Response                                                                       R.E.Gallison

 

FUTURE MEETINGS

            April 8   – 7:00 p.m. – Regional Waste Water Concept Workshop

            April 13 – 7:00 p.m. – Town Council Meeting

HEARING: Proposed amendment to the Animal Control

   Ordinance, Ordinance #83-7, as amended (Revised 

   definition of “Leashed”)

 

A motion by Mr. Plumb, seconded by Mr. Seveney, to adjourn the meeting.  All voted in favor of

            the motion.

 

EXECUTIVE SESSION

 

            RIGL 42-46-5 (a) (2) Potential Litigaton                                            D.A.D’Andrea

            RIGL 42-46-5 (a) (2) Collective Bargaining

 

A motion by Mr. Little, seconded by Mr. Seveney, to go into Executive Session under RIGL

            42-46-5 (a) (2) Pending Litigation and RIGL 42-46-5 (a) (2) Collective Bargaining.  All

            voted in favor of the motion.

 

TIME:  9:40 p.m.

 

TIME: 10:56 p.m. - Return

 

A motion by Seveney, seconded by Mr. Little, to adjourn.  All voted in favor of the motion.

 

ADJOURN

 

TIME: 10:58 p.m.

 

 

_________________________________

Kathleen Viera Beaudoin

Town Clerk