May 26, 2009
7:00 p.m. – Town Council Chambers, Town Hall,
MEMBERS PRESENT:
Jeffrey
C. Plumb and
Karen J. Gleason arrived at 7:45 p.m.
Hubert E. Little arrived at 8:10 p.m.
6:30 p.m. – Town
Council Chambers, Town Hall,
– Town Budget
#18. MELVILLE CAMPGROUND
A motion by Mr. Hamilton, seconded by Mr. Seveney, to provisionally approve the budget at
$247,653.00. All voted in favor of the motion.
Mr. Faucher stated that the electrical inspector is entitled to file for unemployment for his reduced hours. He requested the Council add $6,439.00 to the Miscellaneous Department budget for unemployment compensation and decrease the Building Inspection budget by $1,101.00 for overtime and $833.00 for Social Security/Medicare.
Mr. Faucher also noted updated real estate tax values from the Tax Assessor/Collector. The Real/Property Net Tax Base has increased to $3,633,889,135.00 or 1.304% over the prior year’s tax base. He requested that the Provisional Budget the Council approves include the latest Tax Base figures from the Tax Assessor/Collector.
A motion by Mr. Hamilton, seconded by Mr. Seveney, to approve changes as presented by Mr.
Faucher. All voted in favor of the motion.
TIME: 6:58 p.m. - Break
TIME: 7:04 p.m. – Return
PLEDGE OF ALLEGIANCE
A
moment of silence for our men and women around the world in harm’s way.
COMMENDATION PRESENTATION: Betsy Hanson, Animal Control
Officer
The Commendation
Presentation was continued to the meeting of June 8th.
TOWN COUNCIL
TCM 5/26/09
Page 2
1. Thank you from the family of Henry E. Williams, Boston Post Cane Recipient
A motion by Mr. Seveney, seconded by Mr. Hamilton, to receive and place on file. All voted in favor of the motion.
F LIQUOR LICENSE
1.
St. Philomena School, 324 Cory’s Lane, May 29, 2009
A
motion by Mr. Canario, seconded by Mr. Seveney, to approve the F Liquor License
for St.
PEDDLER LICENSE
1.
JLJ
Sales d/b/a Gob Shop,
A motion by Mr.
Canario, seconded by Mr. Seveney, to approve the Peddler License for JLJ
Sales d/b/a Gob Shop,
All voted in favor of the motion.
2.
Frajeelai, LLC,
June 20 and June 21, 2009
A motion by Mr. Canario, seconded by Mr. Seveney, to approve the Peddler
License for
Frajeelai,
LLC,
and
June 21, 2009. All voted in favor of the
motion.
VICTUALLER LICENSE
WITH FEE WAIVER REQUEST
1.
Portsmouth
Portuguese American Citizens Club,
A motion by Mr.
Seveney, seconded by Mr. Canario, to approve with fee waiver the Victualler
License for Portsmouth Portuguese American
Citizens Club,
ENTERTAINMENT
LICENSE WITH FEE WAIVER REQUEST
1.
St. Anthony’s Feast, July 16-20, 2009
TCM 5/26/09
Page 3
A motion by Mr.
Seveney, seconded by Mr. Canario, to approve with fee waiver the
Entertainment License for
Street, St. Anthony’s Feast, for July
16-20, 2009. All voted in favor of the
motion.
GUN DEALER
1.
Dominic
J. Calarco d/b/a Island Gun Shop Inc.,
This item was
continued to the meeting of June 8, 2009 by request of applicant.
1.
Dominic
J. Calarco d/b/a Island Gun Shop Inc.,
This item was
continued to the meeting of June 8, 2009 by request of applicant.
A motion by Mr.
Hamilton, seconded by Mr. Plumb to adjourn as a Board of License
Commissioners. All voted in favor of the motion.
ADJOURN
PRESIDENT’S EXECUTIVE SUMMARY – None.
MINUTES – TCM 5/4/09; TCM 5/11/09; TCM 5/13/09; and TCM 5/18/09
A motion by Mr. Seveney, seconded by Mr. Hamilton, to approve the minutes of TCM 5/4/09;
TCM 5/11/09; TCM 5/13/09; and TCM 5/18/09 as written. All voted in favor of the motion with Mr. Canario abstaining from TCM 5/13 due to his absence.
BILLS
A motion by Mr. Seveney, seconded by Mr. Plumb, to pay all just and due bills in the amount of
$43,755.15. All voted in favor of the motion.
TOWN ADMINISTRATOR’S REPORT
TCM 5/26/09
Page 4
APPOINTMENTS AND RECOGNITIONS
1.
Resignation,
A motion by Mr. Seveney, seconded by Mr. Canario, to accept with regret the resignation of
Frederick Stevenson, Sr. and to send a letter of appreciation. All voted in favor of the motion.
OLD BUSINESS
Map 26,
a. Comment/Business Development Director W. E. Clark
Attorney Mary Jo Carr represented the Town as Solicitor D’Andrea had a conflict of interest as an abutter.
Cort B. Chappell, Esq., representing Conlan RI Acquisitions, LLC. addressed the Council.
Richard Talipsky,
1. To allow the town flexibility in case of the development not materializing as planned,
a stipulation should be made that the zone change of Map 26 lot 13 from Heavy
Industry to Residential-40 be with the condition that the rezone be granted upon the
recording of a plan in substantial compliance with the plan submitted with conditions
as approved by the Portsmouth Zoning Board in their decision dated 4/14/09 and all
regulatory approvals obtained.
2. The developer should provide a plan for improved public access to the waterfront as
required by State regulations.
3. The developer should provide a plan for at least two low-to-moderate income
designated houses (a condition specified by the Zoning Board and recommended by
the Planning Board) to improve the town’s percentage of affordable housing.
Mr. Chappell stated that the CRMC would determine public access.
Mil Kinsella,
Mr. Seveney said that the ordinance revolves around the number of building permits, and this only involves 40 homes.
TCM 5/26/09
Page 5
Mr. Talipsky stated that the employment figures listed one or two maintenance and security guards.
.
Rick Nascimento,
TIME: 7:45 p.m. - Ms. Gleason arrived.
Paul Lapointe, 296 West Shore Road, spoke of concerns that public access to the water would have people driving past empty houses, as many Baker Road owners are only part-time residents.
Claudette Weissinger,
President McIntyre closed the public hearing.
A motion by Mr. Canario, seconded by Mr. Hamilton, to approve the re-zoning request with
conditions stipulated by the EDC.
1. To allow the town flexibility in case of the development not materializing as planned,
a stipulation should be made that the zone change of Map 26 lot 13 from Heavy
Industry to Residential-40 be with the condition that the rezone be granted upon the
recording of a plan in substantial compliance with the plan submitted with conditions
as approved by the Portsmouth Zoning Board in their decision dated 4/14/09 and all
regulatory approvals obtained.
2. The developer should provide a plan for improved public access to the waterfront as
required by State regulations.
3. The developer should provide a plan for at least two low-to-moderate income
designated houses (a condition specified by the Zoning Board and recommended by
the Planning Board) to improve the town’s percentage of affordable housing.
All voted in favor of the motion.
ZONING ORDINANCE AMENDMENT
#2009-05-26
An Ordinance in Amendment to the Zoning Ordinance
adopted effective July 1, 1994:
Be it ordained by the Town Council of the Town of
Section 1: “the Zoning Ordinance of the Town of
amended as follows:
1.
That Article III,
Section B 4 is hereby amended to remove
TCM 5/26/09
Page 6
a.
to allow the Town
flexibility in case the development does not materialize as planned, a
stipulation that the re-zoning be granted upon the recording of a plan in
substantial compliance with the plan submitted with conditions approved by the
Portsmouth Zoning Board of Review in their decision dated April 14, 2009 and
all regulatory approvals be obtained;
b.
that the
developer provide a plan for improved public access to the waterfront as
required by State regulations;
c.
that the
developer provide a plan for at least two low-to-moderate income designated
houses (a condition specified by the Portsmouth Zoning Board of Review and
recommended by the Portsmouth Planning Board) to improve the Town’s percentage
of affordable housing.
2.
The boundaries of
the Zoning Ordinance as shown on the Zoning Map entitled ‘Town of Portsmouth
Official Zoning Map,’ dated December 1991, and filed with the Town Clerk,
hereinafter called ‘Zoning Map’, are hereby amended, and said Zoning Map is
hereby modified to provide that the following described area be designated as
Residential-40:
Map
26,
APPROVED
BY TOWN COUNCIL ACTION ON May 26, 2009
_______________________________
Kathleen
Viera Beaudoin, Town Clerk
State (fr.
5/11/09)
a. Cost Analysis/Canvassing Authority Registrar
A motion by Mr. Seveney, seconded by Mr. Canario, to have the Town Administrator send a
letter supporting the Secretary of State Mollis’s opposition to H-5983. All voted in favor of the motion.
A motion by Mr. Canario, seconded by Mr. Seveney, to draft a resolution. All voted in favor of
the motion.
President McIntyre directed the Town Administrator to prepare a resolution that will be submitted to the Council at the next regular meeting.
Ed Rizy, Chairman Melville Park Committee, requested funding for supplemental studies.
TIME: 8:10 p.m. – Mr. Little arrived.
A motion by Mr. Canario, seconded by Mr. Seveney, to not spend any more funds from this
budget. The motion carried 4-2 with Ms. Gleason and Mr. Hamilton opposed and Mr.
Little abstaining as he arrived in the middle of the presentation.
TCM 5/26/09
Page 7
No action.
OB 5 - Adopt
This item tabled until May 27, 2009.
NEW BUSINESS
NB 1 - Request Permission to Advertise Abandonment of Land between Plat 5, Lots 45 and 70
& 71
A motion by Mr. Seveney, seconded by Mr. Canario, to advertise for hearing. The motion
carried 6-1 with Ms. Gleason opposed.
NB 2 - Solid Waste/Recycling Committee
a. Request Permission to Produce a Recycling
Promotion Film
b. Request Discussion on cost of operating both
Transfer Stations (
Judi Staven, Chairperson Solid Waste and Recycling Study Committee, stated there would be no cost to the Town and they would be helped by NCTV.
A motion by Mr. Canario, seconded by Mr. Seveney, to approve the request to produce a
recycling promotion film. All voted in favor of the motion.
NB 3 - Award of 1 Year Contract Extension for Transfer Station Gate Attendant Services Bid
#P09-013
A motion by Mr. Little, seconded by Mr. Seveney, to award a one year contract extension to JFA
Security which will run from July 1, 2009 until June 30, 2010 for $16.50 per hour. The
motion carried 6-0 with Mr. Canario abstaining due to a possible conflict of interest.
Funding is to be provided from the Transfer Station Enterprise Fund.
NB 4 - Tax Vouchers #20090526-01 - #20090526-06
A motion by Mr. Seveney, seconded by Mr. Little, to approve Tax Vouchers #20090526-01 –
#20090526-06. All voted in favor of the motion.
TCM 5/26/09
Page 8
CORRESPONDENCE
1.
2. Request Support of Resolution Re: US Supreme Court J.P.LaCroix
Opinion in Carcieri v. Salazar/Town of
3. Resolution Response: Governor’s Tax Policy Strategy Work- G.S.Sasse
group’s Proposal to eliminate the use of the Enterprise Zone
Wage Tax Credit against RI personal income tax liability/RI
Dept. of Administration
4. CRMC Notice to Change the Management Plans, Policies, G.J.Fugate
Procedures and Regulations/CRMC
A motion by Mr. Little, seconded by Mr. Seveney, to receive and place on file. All voted in favor of the motion.
FUTURE MEETINGS
May 27 – 7:00 p.m. – Budget Meeting with School Committee
June 8 – 7:00 p.m. – Town Council Meeting
June 22 – 7:00 p.m. – Town Council Meeting
EXECUTIVE SESSION
RIGL 42-46-5 (a) (2) Potential Litigation D.A.D’Andrea
RIGL 42-46-5 (a) (2) DPW Negotiations, Collective Bargaining
A motion by Mr. Hamilton, seconded by Mr. Plumb, to go into Executive Session under RIGL
42-46-5 (a) (2) Potential Litigation and RIGL 42-46-5 (a) (2) DPW Negotiations, Collective Bargaining. All voted in favor of the motion.
TIME: 8:38 p.m.
TIME: 9:33 p.m. – Return
A motion by Mr. Canario, seconded by Mr. Hamilton, to adjourn. All voted in favor of the
motion.
ADJOURN
TIME: 9:35 p.m.
_____________________________
Kathleen Viera Beaudoin
Town Clerk