October 13, 2009
7:00 p.m. – Town Council Chambers, Town Hall,
MEMBERS PRESENT:
Keith E. Hamilton, Jeffrey C. Plumb and
Karen J. Gleason arrived at 7:05 p.m.
PLEDGE OF ALLEGIANCE
A moment of silence
for our men and women around the world in harm’s way.
TOWN COUNCIL
BOARD OF LICENSE COMMISSIONERS
A motion by Mr. Seveney, seconded by Mr. Little, to sit as a Board of License Commissioners. All voted in favor of the motion.
ANNUAL LICENSE
RENEWALS
Town Clerk Viera Beaudoin read the list of applicants for renewal.
Victualler Licenses
JCO
Enterprises, LLC d/b/a Carmella’s Pizzeria,
Chase Deli
& Pizza Plus, Inc.,
Chris’s
Diner,
Cindy’s
Country Café, Inc.,
Clements
Marketplace,
Aquidneck
Donuts, Inc. d/b/a Dunkin’ Donuts,
(24 hour license)
Portsmouth Donuts, Inc. d/b/a Dunkin’
Donuts,
(24 hour license)
Island
Management d/b/a Flo’s Drive In,
Food
Works, Inc.,
Green
Grocer, Inc.,
C B &
Sons, Inc. d/b/a Kenny J’s Greenside Grille,
Drake
Petroleum Co., Inc. d/b/a Melville Xtra Mart,
Dinner
Trains of New England d/b/a
North
End Pizzeria, Inc.,
TCM 10/13/09
Page 2
Victualler Licenses - continued
Ammouri
Bros., d/b/a
Prudence
Variety,
Reidy’s
Restaurant Corp.,
Shiver Me Timbers,
RySav,
Inc. d/b/a Subway/Sundaes,
Peddler Licenses
Greg’s
Canteen,
Longade,
Inc. d/b/a Del’s Lemonade,
2 vehicles
Pete’s
Ice Cream,
All
Island Landscape, Inc.,
The
Island
Garden Shop, Inc.,
Natures!,
RI CVS
Pharmacy LLC d/b/a
Colbea
Enterprises, LLC d/b/a
Prudence
Variety,
Prudently
Woven Baskets,
Maxi Drug South, LP d/b/a Rite Aid #10232, 3034 East Main Road
Maxi Drug South, LP d/b/a Rite Aid #10233, 2456 East Main Road
Stalise,
Inc.,
A motion by Mr. Canario, seconded by Mr. Plumb, to approve the listed Victualler, Peddler and
MOTION TO CONTINUE
TO OCTOBER 26, 2009
A motion by Mr. Canario, seconded by Mr. Little, to continue the Board of License Commissioners to the Town Council meeting of October 26, 2009. All voted in favor of the motion.
TOWN COUNCIL
PRESIDENT’S EXECUTIVE SUMMARY - None
TCM 10/13/09
Page 3
MINUTES – TCM 9/23/09 and TCM 9/28/09
A motion by Mr. Little, seconded by Mr. Seveney, to approve the minutes of TCM 9/23/09 and
TCM 9/28/09. All voted in favor of the motion with Mr. Plumb, Mr. Canario and Ms. Gleason abstaining from voting on TCM 9/23/09 minutes due to their absence and President McIntyre abstaining from voting on TCM 9/28/09 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
$104,423.11. All voted in favor of the motion.
TOWN ADMINISTRATOR’S
REPORT
Project Authorized
Expended Vendor_____
Glen Farm Electrical and Fire Design $25,700 $22,488 Creative Environment
Glen Farm Electrical and Fire Installation $179,500 $119,900 Energy Electric
Subtotal: $205,200 $142,388
Glen Farm Septic System Design $3,200 $3,040 Mt. Hope Engineering
Glen Farm Septic System Installation $35,000 $0 TBD
Subtotal: $38,200 $3,040
Glen Farm Riding Ring $53,462 $53,462 various
Costa House Septic Project $24,693 $24,693 various
Soccer Field
Engineering Services
$12,840 $8,988
Glen Farm Barn repairs $12,329 $12,329 various
Total: $346,725 $244,901
TCM 10/13/09
Page 4
TOWN ADMINISTRATOR’S REPORT - continued
Mr. Driscoll will provide the Council with a drawing of the Three-S properties.
Mr. Little suggested the second floor of the
Mr. Little asked if there were plans to fix the area where trailers are parked at Glen Farm.
Mr. Driscoll stated that once the drainage work is done the surface will be fixed.
OLD BUSINESS
OB 1 - Letter of Resignation as Fire Chief of
(fr.
9/28/09)
A motion by Mr. Little, seconded by Mr. Hamilton, to receive the resignation with regret from Mr. Thomas Gempp as Fire Chief and to send a letter thanking him for his many years of service. All voted in favor of the motion.
(fr.
9/14/09)
This item was continued to the end of Old Business.
Glocester (fr. 9/28/09)
a. Request Support/Opposition to Binding Arbitration for Teacher Contracts/Portsmouth School Committee
A motion by Mr. Seveney, seconded by Mr. Hamilton, to support the original resolution that came from the Town of Glocester opposing binding arbitration and the School Committee’s resolution. All voted in favor of the motion.
RESOLUTION #
2009-10-13
A RESOLUTION
IN OPPOSITION TO
BINDING
ARBITRATION FOR TEACHER CONTRACTS
WHEREAS: The proposed mandatory binding
arbitration legislation being advanced by the teachers unions
does not take student welfare into account, does not conform to the existing property tax caps (Senate Bill 3050), does not recognize
management rights that our courts
have established nor does it prevent strikes or work to rule; and
TCM 10/13/09
Page 5
WHEREAS: binding arbitration may create a
disincentive for teacher unions to settle the unresolved issues
by negotiations as they perceive that they will gain more through arbitration
should they win
rather than a negotiated labor agreement.
Arbitration can make the process long and
expensive; and
WHEREAS: mandatory binding arbitration on all
issues, would take away from elected local officials the
ability to control the biggest component of local budgets; and
NOW,
THEREFORE, BE IT RESOLVED: that the
Portsmouth Town Council is in opposition to binding arbitration
for teacher contracts and respectfully requests the Rhode Island General Assembly reject any and all binding arbitration
legislation currently being considered for teacher contracts.
BE
IT FURTHER RESOLVED: that the Portsmouth
Town Council unanimously supports the Town of Glocester’s resolution in
opposition to binding arbitration for
teacher contracts and requests that this resolution be forwarded to the Rhode
Island General Assembly, Governor Carcieri, and the leadership of all other Rhode
Island municipalities to request their
support of this resolution.
Adopted:
October 13, 2009. _________________________________
November 23, 2009
A motion by Mr. Seveney, seconded by Mr. Little, to approve. All voted in favor of the motion.
.
David Faucher asked the Council for clarification on how to proceed should surplus money be received from the School Department after their audit is completed.
It would be acceptable for the money to go to the FY 09-10 budget.
Honorable
Council Members:
You have asked for a written
opinion of whether Section 912 of the Portsmouth Town Charter prohibits the
transfer without voter approval of any parcel or portion of a parcel or lot of
land owned by the town, which lot or parcel contains more than two (2) acres of
land. It has been suggested that,
although the town can not transfer, without written voter approval, the whole
of such a parcel, a piece consisting of two (2) acres or less or pieces
consisting of two (2) acres or less, might be transferable without voter
approval despite the town’s inability to transfer a larger portion of the whole
of such a parcel. It is my opinion that
voter approval is needed for the transfer of any part, no matter how small, of
a parcel containing more than two (2) acres of land.
TCM 10/13/09
Page 6
Section 912 states, in part, that
the “transfer or sale of any property rights in and/or ownership of any
parcel/lot or tract of land owned by the Town of Portsmouth (that) as of
January 1, 2004 (which) encompasses an area of more than two acres must be
approved by a majority vote of the voters…”
Note: I have placed in
parentheses two words, either one of which may have been dropped, or, at least,
failed to be included. The absence of
one of these words is a matter of grammar and does not affect the meaning of
the first sentence of Section 912.
The question arises because the
phrase “encompasses an area of more than two (2) acres” could be understood to
refer to the size of the land “owned” by the town or any land that the town
might “transfer” out of land owned by it on January 1, 2004.
Given the facts that Section 912
was adopted in connection with attempts to protect Glen Farm and that allowing
the transfer of a portion of a parcel over two (2) acres in size or, more
ludicrously, allowing piecemeal transfer of many two (2) acre portions, the
most likely court interpretation is that no part of a parcel more than two (2)
acres in size can be transferred without voter approval. In a case in which a law is subject to more
than one interpretation, a court will attempt to carry out the purpose of the
law and will reject an interpretation that would lead to an absurd result.
Although it is my opinion that no
part, no matter how small, of the Glen Farm may be transferred without voter
approval, no one can predict with certainty what a court might do. For that reason the council may wish to
consider drafting a change to Section 912 for submission to the voters.
Respectfully
submitted,
Donato
Andre D’Andrea
Mr. D’Andrea stated that he would place the procedure on how to strengthen the Charter on the next agenda.
A motion by Mr. Seveney, seconded by Mr. Little, to accept and place on file. All voted in favor
of the motion.
(fr. 9/14/09) – continued
Town Clerk Viera Beaudoin read the motion from the minutes of the September 14, 2009 Town Council meeting:
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.
Police Chief Hebert stated that the administrative costs for the new On-Line Mooring Program by Fandotech/On-Line Mooring Services is $5.00 per mooring. The Town had a total of 1095 moorings for the 2009 boating season. If we were to have the same number of mooring requests for the 2010 season the estimated cost would be $5,475.00.
TCM 10/13/09
Page 7
A motion by Ms. Gleason, seconded by Mr. Little, to charge $5.00 fee for all mooring owner registrations. The motion carried 5-2 with Mr. Canario and Mr. Seveney opposed.
NEW BUSINESS
NB 1 - Request to Increase Non-Resident Fees at Glen Manor House/Glen Manor House Authority
Ms. Wilkinson, Resident Manager of the Glen Manor House, stated that any reservations made before 11/15/09 will be locked in with the current rates.
A motion by Mr. Seveney, seconded by Mr. Canario, to approve the increases of Non-Resident Fees. All voted in favor of the motion.
The only increase is to the high season May – October.
Monday – Thursday $3000
Friday $5000
Saturday $7500
Sunday $5500
NB 2 - Update: Middletown Efforts to Control Pollution in
Philip Driscoll,
No action.
NB 3 - Request to Comment to SAGE Environmental Re: Proposed Installation of 195’ tall
monopole
off
A motion by Mr. Hamilton, seconded by Mr. Little, to accept and place on file and wait for the opinions of the Zoning Board. All voted in favor of the motion.
NB 4 - Request for Approval of Council Resolution for Local #280, National Association of
Government
Employees (NAGE) to Participate in the State of
A motion by Mr. Little, seconded by Mr. Seveney, to approve. All voted in favor of the motion.
TCM 10/13/09
Page 8
TOWN OF
RESOLUTION # 2009-10-13-A
A RESOLUTION
AUTHORIZING LOCAL #280,
NATIONAL
ASSOCIATION OF GOVERNMENT EMPLOYEES (NAGE)
TO PARTICIPATE IN THE STATE OF
TEMPORARY
DISABILITY INSURANCE (TDI) PROGRAM.
BE
IT RESOLVED: by the Town Council of the
Town of
SECTION
1.
Pursuant to the Rhode Island
General Laws Section 28-39-3.1 and the collective bargaining agreement between
the Town of Portsmouth and the National Association of Government Employees,
Local #280, the Town Council hereby authorizes the Department of Public Works
bargaining unit, Local #280, NAGE, to participate in the State of Rhode
Island’s TDI program effective January 1, 2010.
SECTION
2.
This Resolution shall take effect
upon its passage.
Adopted:
October 13, 2009.
_________________________________
Peter
J. McIntyre, President,
NB 5 - Tax Vouchers #
A motion by Mr. Seveney, seconded by Mr. Little, to approve Tax Vouchers #20091013 01 –
#20091013 03. All voted in favor of the motion.
CORRESPONDENCE
1. Cove (Escape) Bridge
a. Response to Council’s August 25, 2009 letter M.P.Lewis
Reiterating Support for Speedy and Complete
Repair/DOT
b. Correspondence to RI DOT Director Lewis J.G.Edwards
Left Turn Phasing/State Traffic Commission
3. Notice of Proposed On-Site Wastewater Treatment System R.T.Blanchard
(OWTS) Requiring Variance from OWTS Regulations/
Site Engineering, Inc.
4. Request Support in Asking Governor Carcieri to reconsider J.M.Fecteau
Additional Cuts to Cities and Towns/Town of Glocester
TCM 10/13/09
Page 9
A motion by Mr. Little, seconded by Mr. Seveney, to receive and place on file. All voted in
favor of the motion.
FUTURE MEETINGS
Oct. 21 – 7:00 p.m. – Town Council Meeting – Public Meeting with Woodward & Curran
Oct. 26 – 7:00 p.m. – Town Council Meeting
– HEARING: Annual Liquor License Renewals
– HEARING: Proposed Hazardous Materials Ordinance
Oct. 28 - 7:00 p.m. – Town Council Meeting - Transfer Station
with Solid Waste/Recycling Study Committee
Nov. 9 – 7:00 p.m. – Town Council Meeting
– HEARING: Annual Liquor License Renewals
– HEARING: Proposed Ordinance Prohibiting the
Feeding of Certain Species of Wild Animals
ADJOURN
A motion by Mr. Little, seconded by Mr. Plumb, to adjourn. All voted in favor of the motion.
TIME: 8:10 p.m.
_________________________________
Kathleen Viera Beaudoin, Town Clerk