June 22, 2009
7:00 p.m. – Town Council Chambers, Town Hall,
MEMBERS PRESENT:
Karen J. Gleason, Keith E. Hamilton, Jeffrey C. Plumb,
and
PLEDGE OF ALLEGIANCE
A
moment of silence for our men and women around the world in harm’s way.
CONSENT AGENDA
A motion by Ms. Gleason, seconded by Mr. Seveney, to move Consent #1 to New Business #1.
All voted in favor of the motion.
Ms. Gleason also requested that Correspondence #4 be moved to New Business #14.
1. Thank you from the Family of James E. O’Brien
2. Notification of Submission of Corrective Action Plan for Projected Year-End Deficit
for FY 2008-09/D.P.Faucher
BOARD OF LICENSE COMMISSIONERS
VICTUALLER LICENSE WITH FEE WAIVER REQUEST
1. ERI 4-H Fair, Glen Park. July 17, 18, 19, 2009
A motion by Mr. Canario, seconded by Mr. Seveney, to approve the Victualler License with fee
waiver for ERI 4-H Fair, Glen Park on July 17, 18, 19, 2009. All voted in favor of the motion.
ENTERTAINMENT LICENSE WITH FEE WAIVER REQUEST
1. ERI 4-H Fair, Glen Park. July 17, 18, 19, 2009
A motion by Mr. Canario, seconded by Mr. Seveney, to approve the Entertainment License with
fee waiver for ERI 4-H Fair, Glen Park on July 17, 18, 19, 2009. All voted in favor of the motion.
A motion by Mr. Hamilton, seconded by Mr. Little, to adjourn as a Board License Commissioners. All voted in favor of the motion.
ADJOURN
TOWN COUNCIL
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Page 2
PRESIDENT’S EXECUTIVE SUMMARY
The Navy will be demolishing Building 77 at the Campgrounds
on July 13th. The Dept of
Interior and Bureau of Indian Affairs report to the BRACC Committee will arrive
July 10th.
The AIPC spoke about the transportation bond and old road construction.
MINUTES – TCM 6/4/09; TCM 6/8/09 & Exec.
A motion by Mr. Little, seconded by Mr. Seveney, to accept the minutes of TCM 6/4/09; TCM 6/8/09 & Exec. and place on file. All voted in favor of the motion.
BILLS
A motion by Mr. Seveney, seconded by Mr. Plumb, to pay all just and due bills in the amount of
$108,542.33. All voted in favor of the motion.
TOWN ADMINISTRATOR’S REPORT
APPOINTMENTS AND RECOGNITIONS
1. Appointment Requests, Advertised
a. Agriculture Committee, no set # of members
A motion by Mr. Little, seconded by Mr. Plumb, to appoint Harry B. Chase to the Agriculture
Committee. All voted in favor of the motion.
b. Planning Board, 1 vacancy
A motion by Mr. Little, seconded by Mr. Seveney, to appoint Guy R. Bissonnette to the Planning
Board. All voted in favor of the motion.
c. Tax Assessment Board of Review, 2 vacancies
A motion by Mr. Little, seconded by Mr. Hamilton, to appoint David A. McCauley and Jean S.
Ingraham to the Tax Assessment Board of Review. All voted in favor of the motion.
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d. Tree Commission, 8 vacancies
A motion by Mr. Seveney, seconded by Mr. Plumb, to appoint Howard L. Schlesinger to the
Tree Commission. All voted in favor of the motion.
e. Zoning Board of Review, 2 vacancies
A motion by Mr. Hamilton, seconded by Mr. Little, to appoint Kevin Aguiar and Michael A.
Lyga to the Zoning Board of Review. The motion carried 6-0 with Mr. Seveney recusing due to a possible conflict of interest.
2. Solid Waste/Request to Advertise for Members
President McIntyre stated that a letter was received today and the Town Clerk will be sending out a letter to the other gentleman to see if he is still interested in being on the committee. This will come back on another agenda.
OLD BUSINESS
Mr. Faucher stated that this was provided for the Council to review. It will be read after the budget is adopted either Tuesday night or Wednesday night.
No action.
NEW BUSINESS
NB 1 - Request Discussion and Action on Request to return any School Dept. Surplus from FY
08-09 Operating Budget to the Town’s General Reserve Fund
A motion by Mr. Hamilton, seconded by Mr. Little, that the Town Council respectfully request
any fiscal year 08-09 School Department surplus be returned to the Town General Fund
after any audited surplus is found by the State General Treasurer. All voted in favor of
the motion.
NB 1 A. Notification of Submission of Corrective Action Plan for Projected Year-End Deficit
for FY 2008-09 ( from Consent Agenda #2)
A motion by Mr. Canario, seconded by Mr. Seveney, to authorize Mr. Faucher to send the letter.
The motion carried 6-1 with Ms. Gleason opposed.
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NB 2 - Request formation of a Committee to research consolidation of Town & School positions,
services and offices
A motion by Mr. Hamilton, seconded by Mr. Seveney, to set up a sub-committee between the
School and the Town Council consisting of three members of each, along with Dr. Lusi and either the Finance Director or the Town Administrator.
Mr. Hamilton, Mr. Seveney, and Mr. Plumb volunteered to be on the sub-committee.
A motion to amend by Mr. Hamilton, seconded by Ms. Gleason, to add three members of the community to the committee. The amended motion failed 6-1 with Mr.
McIntyre, Mr. Little, Mr. Canario, Mr. Hamilton, Mr. Plumb and Mr. Seveney opposed.
The main motion carried 6-1 with Ms. Gleason opposed.
NB 3 - Request Permission to hold an Energy Independence Day at Wind Turbine Site/Cool
Mr. Driscoll said he has recommended Mr. Stookey also speak to the School Committee as it appears the event may occur on both Town and School property.
A motion by Mr. Seveney, seconded by Mr. Little, to approve. All voted in favor of the motion.
NB 4 - Request use of Seveney Sports Complex and fields for Summer Lacrosse Camp Program,
for 3 weeks beginning July 13, 2009
A motion by Mr. Little, seconded by Mr. Seveney, to approve. All voted in favor of the motion.
NB 5 - Request use of Glen Farm Special Events Fields for Lacrosse Tournament, July 18, 19,
2009
A motion by Mr. Little, seconded by Mr. Seveney, to approve. All voted in favor of the motion.
NB 6 - Contract Renewal for William E. Clark, Director of Business Development/Portsmouth
EDC
A motion by Mr. Seveney, seconded by Mr. Canario, to renew Mr. Clark’s contract for one year.
The motion carried 6-1 with Mr. McIntyre opposed.
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NB 7 - Request Discussion of Town land for practice fields by Portsmouth Youth Football
Association
President McIntyre requested that when Mr. Chappell gets the plans for the proposed practice field, Mr. Chappell and Andre Khalfayan, President of the Portsmouth Youth Football Association, meet with the Condo association (abutters) to see what can be worked out with their issues and then come back to the Council.
A motion by Mr. Little, seconded by Mr. Seveney, to place this item on the next Council agenda.
The motion carried 5-0 with Mr. Hamilton and Ms. Gleason recusing themselves due to possible conflicts of interest.
NB 8-
a. Enforcement of recycling and transfer station rules
b. Town involvement in recycling and diversion efforts
President McIntyre directed Mr. Driscoll to have Public Works, perhaps on a Wednesday, fix pits so people can’t throw items over the partitions when a hopper door is closed.
President McIntyre directed Mr. Driscoll to speak to Dr. Lusi about the School Department recycling in the next school year.
A motion by Ms. Gleason, seconded by Mr. Plumb, that as soon as an offender is identified the
registration or the plate number is given immediately to Mr. Driscoll, Mr. Driscoll is to
immediately send a letter out to that offender, cc’d the Council, stating, including in this letter, that if you do not change your behavior and begin to recycle we will enforce a $50.00 fine.
A motion to amend by Mr. Hamilton, seconded by Ms. Gleason, that the copying of the letters be done via email so we don’t have to recycle the letters. All voted in favor of the amendment.
All voted in favor of the main motion as amended.
NB 9 - Request for support for Grant to build a new Fire Station at south end of Town
A motion by Mr. Little, seconded by Mr. Canario, to support the Grant and have Chief Lynch go ahead and file for it. The motion carried 5-2 with Mr. McIntyre and Ms. Gleason
opposed.
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NB 10 - Recommendation to Award a Contract for Electronics Equipment for the Harbormaster
Patrol Boat-Bid #P10-001
A motion by Ms. Gleason, seconded by Mr. Hamilton, to approve awarding of the contract
effective July 1, 2009 to Brewer Street Boatworks,
Funding will come from the FY 2009-10 Harbormaster Equipment Account.
NB 11 - Opposition to House Bill 2009 – H5123, Sub A/ L.Botelho/East
Town Solicitor D’Andrea stated that this bill does not address the question of the liability of the Town or the Town Clerk. If through an error by the foreclosing party or an error in the Clerk’s Office what the liability, if any, would be.
A motion by Mr. Hamilton, seconded by Mr. Seveney, to support opposition of the bill that East
NB 12 - Request Authorization to pay all usual and customary bills during Town Council
Vacation
A motion by Mr. Canario, seconded by Mr. Little, to approve. All voted in favor of the motion.
NB 13 - Tax Vouchers #20090622 01 through #20090622 15
A motion by Mr. Seveney, seconded by Mr. Hamilton, to approve Tax Vouchers #20090622 01
through #20090622 15. All voted in favor of the motion.
NB 14 – Request for Resolution Support of US Supreme Court Opinion in Carcieri v.
Salazar/Town
of
A motion by Ms. Gleason, seconded by Mr. Little, to support the Westerly Town Council’s resolution regarding the U.S. Supreme Court Opinion in Carcieri v. Salazar.
Mr. Canario requested the Town Solicitor provide a synopsis of the case.
The motion failed 6-1 with Mr. McIntyre, Mr. Little, Mr. Canario, Mr. Hamilton, Mr. Plumb, and Mr. Seveney opposed.
A motion by Mr. Canario, seconded by Mr. Seveney, to put on the next agenda. All voted in
favor of the motion.
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Page 7
CORRESPONDENCE
1. FYI/Robert J. Brooks/Impact Fees D.A.D’Andrea
2. Notice of Compliance: Natural Hazard Mitigation Plan/FEMA/DHS P.F.Ford
3. Notice of Approval: Notice of Proposed Property Tax Rate P.A.Schaefer
Change for FY 2009-2010/State of
4. Request for
Resolution Support of US Supreme Court Opinion D.L.Giordanoin Carcieri
v. Salazar/Town of
A motion by Mr. Hamilton, seconded by Mr. Plumb, to accept correspondence and place on file.
All voted in favor of the motion.
FUTURE MEETINGS
June 23 – 7:00 p.m. – Budget Public Hearing, Ports. Middle
School,
June 24 – 7:00 p.m. – Town Council Meeting, if needed
July 27 – 7:00 p.m. – Town Council Meeting
July 30 – 7:00 p.m. – Town
Council Meeting,
Aug. 11 – 7:00 p.m. – Town Council Meeting, TUESDAY
A motion by Mr. Little, seconded by Mr. Hamilton, to make the August meeting on 8/24/09. All
voted in favor of the motion.
EXECUTIVE SESSION
RIGL 42-46-5 (a) (5) Acquisition of Real Property for Public Purposes
RIGL 42-46-5 (a) (2) Collective Bargaining, Police, Fire, PMEA
A motion by Mr. Canario, seconded by Mr. Seveney, to go into Executive Session under RIGL 42-46-5 (a) (5) Acquisition of Real Property for Public Purposes and RIGL 42-46-5 (a) (2) Collective Bargaining, Police, Fire, PMEA. All voted in favor of the motion.
TIME: 9:45 p.m.
TIME: 10:28 p.m. Return
A motion by Mr. Canario, seconded by Mr. Little, to recess this meeting to 7:00 p.m. June 23,
2009 at the
TIME: 10:30 p.m.
_________________________________
Kathleen Viera Beaudoin
Town Clerk