PORTSMOUTH TOWN COUNCIL MEETING

September 14, 2009

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

MEMBERS PRESENT: Peter J. McIntyre, Hubert E. Little, Dennis M. Canario,

Karen J. Gleason, and James A. Seveney

MEMBERS ABSENT: Keith E. Hamilton and Jeffrey C. Plumb

PLEDGE OF ALLEGIANCE

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

SWEARING-IN: Fire Department: Captain: Lieutenant Darryl C. Sieben

Lieutenant: Private Joseph F. Bento

Town Clerk Kathleen Viera Beaudoin gave the oath of office to newly promoted Captain Darryl C. Sieben and Lieutenant Joseph F. Bento.

PROCLAMATION PRESENTATION: Portsmouth Garden Club, 75^th Anniversary

President McIntyre read and presented the proclamation to Roberta Stevens, President of the Portsmouth Garden Club.

PRESENTATION: GLEN MANOR HOUSE PRINT BY Portsmouth Rotary Club

Richard P. Swanson, Rotary member and photographer, presented the framed photograph of the Glen Manor House to the Town Council.

TOWN COUNCIL

CONSENT AGENDA

1. CRMC

CEASE AND DESIST ORDER

John Wallace and Pamela Teran, Plat 62, Lot 68, 260 Fischer Circle

2. Thank You from the Family of Muriel Malone

3. Thank You from the Navy League of the United States

A motion by Mr. Seveney, seconded by Mr. Little, to receive and place on file. All voted

in favor of the motion.

TOWN COUNCIL

TCM 9/14/09

Page 2

PRESIDENT’S EXECUTIVE SUMMARY

President McIntyre announced that the MOU with the Town Council, School Committee and Prudence Island School Foundation has been signed.

President McIntyre met with the AIPC on Friday. They will be meeting with the Dept. of Transportation, Federal Highway officials and a BRACC member to discuss Burma Road. It possibly will be November before anything happens with the Dept. of the Interior and the Bureau of Indian Affairs.

MINUTES – TCM 8/24/09 & Exec.

A motion by Mr. Seveney, seconded by Mr. Little, to approve as written. All voted in

favor of the motion.

BILLS

A motion by Mr. Seveney, seconded by Mr. Little, to pay all due and just bills in the

amount of $1,391.70 for FY 08-09. All voted in favor of the motion.

A motion by Mr. Seveney, seconded by Mr. Little, to pay all due and just bills in the

amount of $124,517.38 for FY 09-10. All voted in favor of the motion.

TOWN ADMINISTRATOR’S REPORT

• Thanks to Bill Bryant and David Faucher in getting the Melville Bath House built.
• Public Works Director Kehew has reviewed the trees in Glen Park and has found that five trees are in bad shape. All Island Landscaping Services has offered to donate to remove those trees at no cost.
• Meetings of Council on Sept. 23^rd with RIPEC to discuss School consolidation and on Sept 30^th with RI Ethics Commission. The School Committee, Water and Fire District and members of all boards, commissions and committees have been invited.
• Regarding the Collective Bargaining situation:

Management and Non-Union employees have agreed to no pay raises this year.

Fire, DPW and PMEA have agreed to concessions that will not require any increase in salary.

Police has had the staff reduced by two.

Mr. Little requested an update on the work that’s being done at the Glen at the Council’s next meeting.

TCM 9/14/09

Page 3

APPOINTMENTS AND RECOGNITIONS

1. Resignations

a. Tree Commission

A motion by Mr. Seveney, seconded by Mr. Little, to accept with regret the resignation of

Annmarie E. S. Bernardi. All voted in favor of the motion.

b. Juvenile Hearing Board

A motion by Mr. Canario, seconded by Mr. Seveney, to accept with regret the resignation

of Ray D. Davis. All voted in favor of the motion.

2. Requests for Appointment

a. Harbor Commission

A motion by Mr. Seveney, seconded by Mr. Little, to appoint Stephen Grant to the

Harbor Commission. All voted in favor of the motion.

b. Economic Development Committee, Youth Representative

A motion by Mr. Seveney, seconded by Mr. Canario, to appoint Andrew Kelly as Youth

Representative to the Economic Development Committee. All voted in favor of the motion.

c. Juvenile Hearing Board

A motion by Ms. Gleason, seconded by Mr. Seveney, to appoint John F. Blaess to the

Juvenile Hearing Board. All voted in favor of the motion.

President McIntyre made note that Mr. Blaess was appointed as Second Alternate with Nancy Smith moving up

d. Redevelopment Agency

A motion by Ms. Gleason, seconded by Mr. Little, to reappoint Paul Kesson to the

Redevelopment Agency. All voted in favor of the motion.

e. Tree Commission

A motion by Mr. Little, seconded by Mr. Seveney, to appoint Scott D. Wheeler to the

Tree Commission. All voted in favor of the motion.

TCM 9/14/09

Page 4

OLD BUSINESS

OB 1 - Portsmouth Pop Warner Practice Field (fr. 6/22/09)

Ms. Gleason recused herself due to a possible conflict of interest.

Eric P. Chappell, Esq., representing Portsmouth Pop Warner, said that they have addressed all issues brought up at the previous Council meeting. They have engaged Mt. Hope Engineering for a final design of the field behind the tennis courts and sent letters to the Condominium Association Board and also to Everett and Carol Correia.

Michael Delemos, member of the Condominium Association abutting the property in question, stated that the owners feel comfortable with the plans. He asked that if there are any issues with use of the driveway or water runoff, they may contact Mr. Chappell to have the issues addressed.

Mr. Driscoll suggested the plan be run by the engineer who worked on the turbine to review the proximity to the turbine and also review by the Fort Butts Historical group.

Mr. Seveney requested that once the bid comes in and the real scope of the construction job is understood this item be brought back to the Council.

A motion by Mr. Little, seconded by Mr. Seveney, to accept the plan as submitted. The

motion carried 4-0 with Ms. Gleason recused.

OB 2 - Glen Farm-Authority of Council to Sell (fr. 7/27/09)

Solicitor D’Andrea reported to the Council about the meaning of Section 912 of the Town Charter which prohibits the transfer of any parcel of land owned by the town that exceeds two acres in area. The most likely way a court would interpret that part of the Charter would be to prohibit any part of the Glen Farm to be sold without voter approval because when you look at the development of that amendment, the discussions before the Town Council at the time, as well as the wording, and when there could be more than one possible interpretation of the wording the court would look to the purpose of the legislation. The purpose here was to protect the Glen Farm. It is not possible to predict everything that a court will do. It is possible that a court might take one of the narrower interpretations and say you can get rid of two acres of it but no more, or you can sell two acres today, two acres tomorrow, and two acres the next day. But he thinks that the most probable court ruling would be that no part of the Glen Farm can be sold without voter approval. If you wanted to make that one hundred (100%) percent certain you might want to consider a further amendment to the Town Charter, or the Council might want to place further restrictions on the land.

TCM 9/14/09

Page 5

A motion by Ms. Gleason, seconded by Mr. Little, to allow the Solicitor to research to see if this would have to go through the General Assembly for the election of 2010. All voted in favor of the motion.

President McIntyre approved Mr. Fitzmorris’ request for the Solicitor’s Opinion to be provided in writing and included in the minutes.

OB 3 - Change in Modus Operandi for Portsmouth Arts & Culture Committee (fr. 7/27/09)

Mr. Faucher asked the Council to approve endorsing the initiative by the Portsmouth Arts & Culture Committee and the Portsmouth Arts Guild to conduct a series of focus groups and a town wide survey. The Portsmouth Arts Guild will be solely responsible for receiving the grant funds and hiring the survey consultant and architect.

A motion by Mr. Seveney, seconded by Mr. Canario, to endorse the new procedure using

the Portsmouth Arts Guild as the activity that will actually receive and then utilize the money. The motion carried 4-1 with Ms. Gleason opposed.

OB 4 - Request to Approve a Change to the Adopted Budget for FY 2009-10

Mr. Faucher requested the Council approve the carrying forward of $2,701.25 in Police Department funds from FY 08-09 to FY 09-10 to satisfy the accounting requirement that work performed in FY 09-10 be paid with FY 09-10 funds.

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

NEW BUSINESS

NB 1- Update on Mosquito Control in the Town of Portsmouth

Mr. Driscoll stated the main mosquito problem in town is in North End where there are salt marshes. The Town contracts with Narragansett Pest Control who basically does the ground spraying for us in the salt marsh areas that are hard to get to. The bulk of the work is done by Public Works and Dr. Gedman with no staff.

President McIntyre directed Mr. Driscoll to look into mosquito control on Hog Island and also take action on the deer problem.

NB 2 - Request to use Sherman, Rooney and Senior Center Fields for Youth Baseball/

Mighty Sakonnet Sandpipers

TCM 9/14/09

Page 6

A motion by Ms. Gleason, seconded by Mr. Little, to approve use of the Portsmouth fields by the Little Rhody Mighty Sakonnet Sandpipers provided that Mr. Page provide the common courtesy letter to the Portsmouth Little League Baseball. All voted in favor of the motion.

NB 3- East Bay Energy Consortium Re: Appointed Members- Resolution

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

TOWN OF PORTSMOUTH, RI

RESOLUTION # 2009-09-14

WHEREAS: On March 23, 2009, the Town of Portsmouth, Rhode Island approved a Memorandum of Agreement, a copy of which is attached, thereby joining the East Bay Energy Consortium, a voluntary group working together to explore means to reduce energy expenses and increase renewable energy production, and

WHEREAS: the Town of Portsmouth, Rhode Island understands that the East Bay Energy Consortium is to be initially a non-profit corporation located in Rhode Island, and

WHEREAS: the Town of Portsmouth, Rhode Island wishes to formally designate representatives to participate in collaborative efforts among policymakers, researchers, and other municipalities toward achievement of that goal, and

WHEREAS: the Town of Portsmouth shall designate one voting member and up to three alternate members, and

WHEREAS: an alternate member shall vote only if each of the members designated above him in the section below is absent.

THEREFORE, BE IT RESOLVED that the Town of Portsmouth Town Council

designates the following people to be Portsmouth’s representatives:

Voting Member: Gary Gump

First Alternate: Gary Crosby, Assistant Town Planner

Second Alternate: Richard Talipsky

Third Alternate: Esmond (Doug) Smith

APPROVED BY TOWN COUNCIL ACTION ON SEPTEMBER 14, 2009.

_____________________________

Kathleen Viera Beaudoin,

Town Clerk

NB 4 - Approval to Begin Enterprise Zone Re-Designation Process

A motion by Mr. Little, seconded by Mr. Seveney, to grant the request for authorization

to begin the Enterprise Zone re-designation process by signing the RIEDC form. All voted in favor of the motion.

TCM 9/14/09

Page 7

NB 5 - Request to Advertise: Hazardous Materials Ordinance/Fire Department

A motion by Mr. Seveney, seconded by Mr. Canario, to continue to the next agenda. All voted in favor of the motion.

NB 6 - Request 100% Release of Road Bond – Strawberry Lane/Planning Board

Mr. Driscoll stated that Public Works Director Kehew approves the release of the road bond.

A motion by Mr. Seveney, seconded by Mr. Canario, to approve the release of the road bond. All voted in favor of the motion.

NB 7 - Request to Approve a Change in the Fee Charged for a New Mooring Registration Program for the 2010-2011 Season

A motion by Mr. Seveney, seconded by Mr. Canario, to approve moving forward with the online registration of moorings and to come back to discuss the fees structure. All voted in favor of the motion.

NB 8 - August Revenue and Expenditure Reports for FY 2009-10

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

NB 9 - Tax Vouchers #20090914 01 - #20090914 07

A motion by Mr. Canario, seconded by Mr. Seveney, to approve Tax Vouchers #20090914 01 - #20090914 07. All voted in favor of the motion.

CORRESPONDENCE

1. Notice to Abutter, Map 28, Lot 95, 52 Dana Street/ Zoning Board of Review/ J. Nott

2. Statement of Policy on Affirmative Fair Housing for Subsidized Low and Moderate

Income Housing in Rhode Island/RI Office of Housing and Community Development

3. Notice of Denial/Crosswalk on Bristol Ferry Road at the Portsmouth Senior Center/

State Traffic Commission

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

TCM 9/14/09

Page 8

FUTURE MEETINGS

Sept. 23 – 7:00 p.m. – Joint Meeting with School Com., Presentation

by RIPEC - Regionalization of Schools

Sept. 28 – 7:00 p.m. – Town Council Meeting

Sept. 30 – 7:00 p.m. – RI Ethics Commission Presentation

EXECUTIVE SESSION

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

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

RIGL 42-46-5 (a) (2) Litigation. All voted in favor of the motion.

TIME: 8:40 p.m.

TIME: 8:48 p.m. - Return

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

the motion.

ADJOURN

TIME: 8:50 p.m.

________________________________ Kathleen Viera Beaudoin, Town Clerk