October 26, 2009
7:00 p.m. – Town Council Chambers, Town Hall,
MEMBERS PRESENT:
Keith E. Hamilton, Jeffrey C. Plumb and James A. Seveney
Karen J. Gleason arrived at 7:15 p.m.
PLEDGE OF ALLEGIANCE
A moment of silence
for our men and women around the world in harm’s way.
TOWN COUNCIL
CONSENT AGENDA
1. CRMC
CEASE & DESIST ORDER
Blake & Melanie Henderson, Plat 62,
Betty Fagan, Plat 62,
NOTICE OF VIOLATION
Harbor Drive
NOTICE OF ADMINISTRATIVE FINE
Betty Fagan, Plat 62,
A motion by Mr. Seveney, seconded by Mr. Little, to receive and place on file. All voted in favor of the motion.
BOARD OF LICENSE COMMISSIONERS
HEARING: ANNUAL
LICENSE RENEWALS – Continued from 10/13/09
A motion by Mr. Seveney, seconded by Mr. Little, to sit as a Board of License Commissioners. All voted in favor of the motion.
Town Clerk Kathleen Viera Beaudoin read the list of applicants for renewal.
TCM 10/26/09
Page 2
Liquor Licenses
Class Name and
Address
A Allen’s Wine & Spirits, Inc.,
BV K & D Investments, Inc. d/b/a The
Beach House,
A Ferreira’s Package Store, Inc.,
BV Fieldstones, LLC,
BV Graziano’s 501 Café, LLC,
BV Green Valley Country Club, Inc.,
BV SDT Enterprises, LLC d/b/a Melville
Grille,
DV Montaup Country Club,
DV
BVL SJA Enterprises, LLC d/b/a Rocco’s Little
Italy,
DV Seaconnet Sportsman’s Club,
BV Tiverton Mgmt. Corp. d/b/a Tremblay’s
Island Park Café,
A motion by Mr. Canario, seconded by Mr. Seveney, to approve the Liquor licenses and Liquor/Victualler licenses as listed subject to taxes being up to date. All voted in favor of the motion.
2:00 a.m. Closing
K & D
Investments, Inc. d/b/a The Beach House,
(11/25/09; 12/31/09; 7/3/10)
A motion by Mr. Canario, seconded by Mr. Seveney to approve the 2:00 a.m. Closing license as listed. All voted in favor of the motion.
Sunday Sales
Licenses
Allen’s Wine & Spirits, Inc.,
3001
Ferreira’s Package Store, Inc.,
A motion by Mr. Canario, seconded by Mr. Seveney, to approve the Sunday Sales licenses as
listed subject to taxes being up to date. All voted in favor of the motion.
Victualler
Licenses
514 Park
Avenue LLC d/b/a el Parque,
Evelyn M. Arrighie d/b/a Fredy Fruit & Vegetables & General Market,
Nader Hajjar Corp. d/b/a Little
Corner Store & Deli,
Boulevard Pizza Division, Inc.
d/b/a Pizza
F & T
Pizzeria d/b/a Steve’s Famous Pizza,
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Page 3
Amusement Games
# Games
3 K & D Investments, Inc. d/b/a The
Beach House,
1 Green Valley Country Club, Inc.,
2
A motion by Mr. Seveney, seconded by Mr. Little, to approve the Amusement Games licenses as
listed subject to taxes being up to date. All voted in favor of the motion.
Peddler Licenses
Grillmasters,
A motion by Mr.Seveney, seconded by Mr. Little, to approve the Peddler license as listed subject
to taxes being up to date. All voted in favor of the motion.
Mad Marc,
Inc. d/b/a Domina’s Agway,
Doris
Bousquet d/b/a Eagle’s Nest Antique Center,
Evelyn M. Arrighie d/b/a Fredy Fruit & Vegetables & General Market,
Greenvale Vineyards,
Dominic Calarco d/b/a Island Gun
Shop, Inc.,
Henry
& Stacy Mello d/b/a Mello’s
444 Boyd’s Lane
Drake Petroleum Co., Inc. d/b/a Melville
Xtra Mart,
(24 hour license)
A motion by Mr. Little, seconded by Mr. Plumb, to approve
the
being up to date. All voted in favor of the motion.
Private Detective
Charles N.
Morin,
Services,
Mr. Canario recused himself due to a possible conflict of interest.
A motion by Mr. Little, seconded by Mr. Plumb, to approve the Private Detective license subject to taxes being up to date. All voted in favor of the motion with Mr. Canario recusing due
to a possible conflict of interest.
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Page 4
Gunsmith/Gun
Dealer
Dominic Calarco d/b/a Island Gun
Shop, Inc.,
A motion by Mr. Seveney, seconded by Mr. Hamilton, to approve the Gunsmith/Gun Dealer
license subject to taxes being up to date. All voted in favor of the motion.
MOTION TO CONTINUE
HEARING TO NOVEMBER 9, 2009
A motion by Mr. Little, seconded by Mr. Seveney, to continue the Board of License Commissioners hearing to November 9, 2009. All voted in favor of the motion.
BUILDING CODE
BOARD OF APPEALS
1. Request to Advertise: Petition for Variation or Modification: Section 1612 –
Appendix G – G105.4 – Rick Hall-French Design Builders,
original buildings were destroyed in a fire and due to the existing grades
and nature of the business it is impossible to raise the finished first floors
and have a functional facility.
Rick Hall, French Design Builders asked the Council to advertise for the hearing.
A motion by Mr. Little, seconded by Mr. Canario, to advertise for Public Hearing. All voted in
favor of the motion.
TOWN COUNCIL
PRESIDENT’S EXECUTIVE SUMMARY - None
MINUTES – TCM 10/13/09
A motion by Mr. Seveney, seconded by Mr. Little, to approve the minutes of TCM 10/13/09 and
place on file. All voted in favor of the motion.
BILLS
A motion by Mr. Seveney, seconded by Mr. Little, to pay all just and due bills in the amount of
$68,274.75. All voted in favor of the motion.
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Page 5
TOWN ADMINISTRATOR’S REPORT
Larry Fitzmorris,
The Town Administrator, Town Clerk, and Mr. Fitzmorris will meet to discuss this.
President McIntyre suggested looking for another location for the Public Hearing.
APPOINTMENTS AND RECOGNITIONS
1. Request for Appointment:
a. Agricultural Advisory Committee, advertised
A motion by Mr. Seveney, seconded by Mr. Little, to appoint Steve Cotta to the Agricultural
Advisory Committee. All voted in favor of the motion.
Mr. Driscoll reported that he met with interested persons regarding the Agricultural Advisory Committee last week.
TIME: 7:15 p.m. – Ms. Gleason arrived.
2. Resignations
a. Economic Development Committee
A motion by Mr. Seveney, seconded by Mr. Little, to accept with regret the resignation of Mary Magee. All voted in favor of the motion.
b. Glen Manor House Authority
A motion by Mr. Seveney, seconded by Mr. Plumb, to accept with regret the resignation of
Raylene Allen. All voted in favor of the motion.
A motion by Mr. Little, seconded by Mr. Seveney, to have Mr. Driscoll write a letter thanking
them for serving on these committees. All voted in favor of the motion.
TCM 10/26/09
Page 6
OLD BUSINESS
Fire Chief Jeffrey Lynch stated that it would be the judgment of the Fire Chief as to who would be charged. This is geared to a large expense, something that would cost the Town a lot of money to respond. If someone feels they have unjustly been billed, they have the recourse to come to the Council.
Mr. D’Andrea stated that this authorizes but does not require the Chief to make these charges.
Discussion was heard on whether fees should go into a restricted fund or the General fund and an appeal process.
A motion by Mr. Seveney, seconded by Mr. Canario, to continue this to a future meeting when
Mr. D’Andrea can come up with the language in league with the Chief and the Administrator and then continue the hearing and vote on it. All voted in favor of the motion.
A motion by Mr. Canario, seconded by Mr. Seveney, to continue this hearing to the meeting of November 23, 2009. All voted in favor of the motion.
Town Solicitor D’Andrea explained how the Council could change the Charter.
A motion by Mr. Seveney, seconded by Mr. Hamilton, to ask the Solicitor to ensure that in the
general case the Town is covered that no parcel two acres or greater or any part thereof can be sold or bisected without voter approval. All voted in favor of the motion.
A motion by Mr. Seveney, seconded by Mr. Hamilton, to have the Solicitor provide language for
a Charter change not specific to the Glen but in general, to do away with this possibility that some one can purchase from the Town something two acres or less without the voters approval. All voted in favor of the motion.
* Please see minutes of TCM 11/23/09 – Old Business 6.
Mr. Seveney requested we execute a cost benefit analysis to determine if we will save more money maintaining and fixing up this system or replacing the system.
TCM 10/26/09
Page 7
Ms. Gleason requested Mr. Faucher look into a free evaluation of the system by National Grid or RISE.
A motion by Mr. Little, seconded by Mr. Seveney, to have Mr. Driscoll and Mr. Faucher bring
this back at the next meeting . All voted in favor of the motion.
A motion by Mr. Seveney, seconded by Mr. Hamilton, to accept. All voted in favor of the
motion.
NEW BUSINESS
NB 1 - Closing of the
Mr. Seveney stated that action has been tabled for now.
Richard Talipsky,
A motion by Mr. Seveney, seconded by Mr. Little, to send a letter to the PUC, Mr. Driscoll has a draft , signed by the Council President, with letters sent to Representatives Edwards, Loughlin and Senator Levesque seeking their support to not close the Portsmouth studio. All voted in favor of the motion.
NB 2 - Request to Review and Advertise for new Town Ordinance Prohibiting Dangerous
Animals
A motion by Mr. Hamilton, seconded by Ms. Gleason, to approve the advertising. All voted in
favor of the motion.
NB 3 -
A motion by Mr. Seveney, seconded by Mr. Plumb, to direct the Administrator to write back
saying we do not have any regulations that would prohibit them from going forward with this project. All voted in favor of the motion.
NB 4 - Recommendation to Award Contract for Onsite Wastewater Treatment System-Glen Farm – Bid #P10-004
A motion by Mr. Hamilton, seconded by Mr. Little, to award the contract to East Coast Landscaping & Construction, Inc. for $27,430. All voted in favor of the motion.
TCM 10/26/09
Page 8
The funds will come from the Recreation Bond.
NB 5 - Annual Investment and Pension Trust Fund Report
A motion by Mr. Little, seconded by Mr. Hamilton, to receive and place on file. All voted in
favor of the motion.
NB 6 - Tax Vouchers #
A motion by Mr. Canario, seconded by Mr. Little, to approve Tax Vouchers #20091026 01 –
#20091026 06. All voted in favor of the motion.
CORRESPONDENCE
1. Response: Opposition to 2009-H 5123, Sub A J.G.Edwards
2.
Response: Opposition to Reinstatement of tolls on
Bridge and Instituting tolls on
3.
Response: Bernard & Jeanne Kane,
4. Thank
you, Town of
5. Thank you, Portsmouth Garden Club R.Stevens
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. 28 – 7:00 p.m. – Town Council Meeting - Transfer Station
with Solid Waste/Recycling Study Committee
Nov. 9 – 6:15 p.m. – Town Council Meeting with Lower Glen Farm Pres. Comm.
– 7:00 p.m. – Town Council Meeting
– HEARING: Annual Liquor License Renewals
– HEARING: Proposed Ordinance Prohibiting the
Feeding of Certain Species of Wild Animals
Nov. 23 – 7:00 p.m. – Town Council Meeting
ADJOURN
A motion by Mr. Canario, seconded by Mr. Little, to adjourn. All voted in favor of the motion.
TIME: 8:30 p.m.
_________________________________
Kathleen Viera Beaudoin, Town Clerk