PORTSMOUTH TOWN COUNCIL MEETING

November 9, 2009

 

6:15 p.m. – Town Council Chambers, Town Hall, 2200 East Main Road

 

MEMBERS PRESENT:  Peter J. McIntyre, Hubert E. Little, Keith E. Hamilton

                                           and James A. Seveney    

                                           Karen J. Gleason arrived at 6:18 p.m.

                                           Dennis M. Canario arrived at 6:52 p.m.

                                           Jeff C. Plumb arrived at 7:07 p.m.

 

PLEDGE OF ALLEGIANCE

 

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

 

Lower Glen Farm Preservation Committee

 

David Gleason, Chairman of the Lower Glen Farm Preservation Committee, addressed the Town Council regarding the preservation of properties and the financial status of the Glen Farm renovations.  He suggested looking at the Glen as a stand alone property and preserving it.  Instead of modifying the existing language of Section 912 of the Charter, adding that the Glen cannot be sold.

 

TIME:  6:18 p.m. - Karen J. Gleason arrived.

 

TIME:  6:52 p.m. - Dennis M. Canario arrived.

 

TIME:  6:58 p.m. – Break

 

TIME:  7:04 p.m. - Return

 

TOWN COUNCIL

 

BOARD OF LICENSE COMMISSIONERS

 

F LIQUOR LICENSE

             1. Pennfield School, 110 Sandy Point Avenue, November 13, 2009

 

A motion by Mr. Seveney, seconded by Mr. Little, to approve the F Liquor License for Pennfield

             School, 110 Sandy Point Avenue, November 13, 2009.  All voted in favor of the motion.

 

HEARING - ANNUAL LICENSE RENEWALS – continued from TCM 10/26/09

 

Town Clerk Kathleen Viera Beaudoin read the list of applicants for renewal.

 

 

TCM 11/9/09

Page 2

 

Liquor Licenses

 

Class   Name and Address

 

  DV     Alvaro E. Vieira Memorial Post Home, VFW Post #5390, 822 Anthony Road

  A        Gleeson’s Package Store, Inc., 1557 West Main Road

 BV      KAH, Inc. d/b/a 15 Point Road Restaurant, 15 Point Road

  J         Newport Polo, Inc., 2503 East Main Road (715 East Main Road – leased

Glen Farm fields)

Requested Dates: Newport Polo, 2010 Season:

                          June 5, 12, 19, 26; July 3, 10, 17, 24, 31; Aug. 7, 14, 21, 28,

Sept. 4, 11, 18, 25 with raindates to be Sunday following, if necessary.

BH/BT    Roger Williams University, 144 Anthony Road

BV       Scampi, Inc., 657 Park Avenue

  BV       Dina Occhi d/b/a Valley Inn, 2221 West Main Road

 

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.

 

Victualler Licenses

 

             Kentron Associates d/b/a Roger Williams University, 144 Anthony Road

 

A motion by Mr. Hamilton, seconded by Mr. Seveney, to approve the Victualler License for

             Kentron Associates d/b/a Roger Williams University, 144 Anthony Road subject to taxes

             being up to date.  All voted in favor of the motion.

 

Sunday Sales Licenses

 

Gleeson’s Package Store, Inc., 1557 West Main Road

 

A motion by Mr. Little, seconded by Mr. Seveney, to approve the Sunday Sales License for

             Gleeson’s Package Store, Inc., 1557 West Main Road subject to taxes being up to date. 

             All voted in favor of the motion.

 

Holiday Licenses

 

             Briggs Movies & More, Inc. d/b/a Briggs Video etc., 3030 East Main Road

             Arthur Mello d/b/a Mello Farm Stand, Boyd’s Lane

             Steven & JoAnn Ryder d/b/a The Portsmouth Shop, 2511 East Main Road

 

TCM 11/9/09

Page 3

 

A motion by Mr. Canario, seconded by Mr. Seveney, to approve the Holiday Licenses as listed

             Subject to taxes being up to date.  All voted in favor of the motion.         

 

Private Detective

 

             James J. Gaston d/b/a Con-Delta, 240 Bristol Ferry Road

 

A motion by Mr. Hamilton, seconded by Ms. Gleason, to approve the Private Detective License          

             for James J. Gaston d/b/a Con-Delta, 240 Bristol Ferry Road subject to taxes being up to

             date.  All voted in favor of the motion.

 

TIME:  7:07 p.m. - Mr. Plumb arrived.

 

Gunsmith/Gun Dealer

 

             Island Snowmobile d/b/a R. M. Keshura Gunsmith, 769 Middle Road

 

A motion by Mr. Seveney, seconded by Mr. Little, to approve the Gunsmith/Gun Dealer License         for Island Snowmobile d/b/a R. M. Keshura Gunsmith, 769 Middle Road subject to taxes   being up to date.  All voted in favor of the motion.

 

A motion by Mr. Little, seconded by Mr. Hamilton, to continue the License Hearing to November 23, 2009.  All voted in favor of the motion.

 

SITTING AS THE BUILDING CODE BOARD OF APPEALS

 

PETITION FOR VARIATION OR MODIFICATION:  

 

             Section 1612 – Appendix G – G105.4 –

             Rick Hall-French Design Builders, 37 Thurber Blvd., Ste. 105, Smithfield, RI for            Property Located at Plat 37, Lot 36-C, 1 Lagoon Road.  Variation or Modification             sought because 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.

 

Steven McInnis, Esq. 38 Bellevue Avenue, Newport, RI, representing the applicant N. E. Boatworks and Rick Hall, French Design Builders stated that the variance is needed because the 2006 International Building Code has requirements that the ASCE 24 Standards be met with any improvements that are located in flood zones of high risk or in velocity zones.  N. E. Boatworks are in a V 17 velocity zone.  He said they are looking for a variance from ASCE 24 Code which flatly prohibits building in a flood zone with a velocity 17 unless the floor is above the 17 foot

level above the high water.  The buildings are being built totally in compliance with Appendix G which governs the substantive standards for flood resistant buildings. 

TCM 11/9/09

Page 4

 

A motion by Mr. Hamilton, seconded by Mr. Little, to accept the variance and approve the       variance based on the evidence before us and with the stipulations that all the building    codes and fire codes are followed with the building of the new facility. 

 

Mr. Driscoll stated that Mr. Medeiros, Building Official, has no problem with this as represented by counsel.

 

             All voted in favor of the motion.

 

A motion by Mr. Canario, seconded by Mr. Little, to adjourn as a Building Board Code of

             Appeals.  All voted in favor of the motion.

 

ADJOURN

 

TOWN COUNCIL

 

PRESIDENT’S EXECUTIVE SUMMARY

 

President McIntyre attended the PUC meeting on the closing of the Cox Communications Station in Portsmouth.  It will not be closed at this time.  A letter has been sent to the PUC asking that when they set up their new service areas Newport County be one of those service areas.

 

MINUTES – TCM 10/21/09, TCM 10/26/09, TCM 10/28/09

 

Mr. Seveney requested the motions for OB 6 (Glen Farm – Amending the Town Charter – Legal Opinion) be pulled out of the minutes and looked at again at the next meeting.  

 

A motion by Mr. Seveney, seconded by Mr. Little, to bring the minutes of TCM 10/26/09 back

             for reconsideration of the motion of OB 2 at the Town Council Meeting of 11/23/09 and           to approve TCM 10/21/09 and TCM 10/28/09.  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              $68,724.58.  All voted in favor of the motion.

 

TOWN ADMINISTRATOR’S REPORT

  • Dedication of the bench to Mr. Rockwell at the Redwood Farm Playground will be November 21st at 10:00 a.m.
  • Paving is going quite well.
  • Veterans’ Day ceremony at Town Hall Wednesday at 9:00 a.m.
  • Commend all those units who helped in the missing person search Friday night including neighboring communities.

TCM 11/9/09

Page 5

 

APPOINTMENTS AND RECOGNITIONS

 

1. Resignation, Solid Waste/Recycling Study Committee               

 

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

             Richard Taylor and to send him a letter of thanks from the Council.  All voted in favor of         the motion.

 

OLD BUSINESS

 

OB 1 - HEARING:  Proposed Ordinance Prohibiting the Feeding of Certain Species of

                                      Wild Animals

 

Mr. Driscoll stated Dr. Mitchell has requested continuing consideration of the Ordinance to December 14th and hear the Management Plan tonight.

 

OB 1 a -  Endorsement of Coyote Coexistence and Management Plan for Aquidneck and

                 Conanicut Islands

 

A motion by Ms. Gleason, seconded by Mr. Plumb, to adopt the Coexistence and

             Management Plan for Aquidneck and Conanicut Islands led by Numi Mitchell.  The

             motion failed 6-1 with Mr. McIntyre, Mr. Little, Mr. Canario, Mr. Hamilton, Mr. Plumb             and Mr. Seveney opposed.

 

Dr. Mitchell will bring back a modified Management Plan to a Council workshop at a later date.

 

OB 2 - Transfer Station Fee and Solid Waste Issues            (from TCM 10/28/09)

 

A motion by Mr. Canario, seconded by Mr. Seveney, to approve discounting stickers as

             recommended by Mr. Driscoll – October $75.00, November $50.00, December $25.00.

             All voted in favor of the motion.

 

This item was continued to the Council meeting of 11/23/09.

 

OB 3 - Town Hall HVAC Contract Considerations (from TCM 4/29/09, TCM 8/24/09, TCM 10/26/09)

 

Mr. Faucher requested this item be continued until after the free

National Grid assessment is done.

 

NEW BUSINESS

 

NB 1 - Request Consideration to Downsize Membership of           the Glen Manor House Authority

 

TCM 11/9/09

Page 6

 

A motion by Mr. Seveney, seconded by Mr. Little, to modify the membership of the Glen Manor

             House Authority to 12 positions with a requirement for a quorum of 8 members for

             meetings.  All voted in favor of the motion.

 

NB 2 - Resident Concerns: Mosquito Spraying/Speeding on Riverside Street                               

            

James Grande, 74 Riverside Street, addressed his concerns about the need for mosquito spraying and speeding on Riverside Street.

 

Mr. Driscoll will talk to Narragansett Pest Control making sure the area is on the treatment abatement list.

 

Police Chief Hebert will deploy the new speed monitoring machine to Riverside Street to record a profile of traffic on that street.

 

NB 3 - Request Resolution of Property Tax Field Card Issues       

 

President McIntyre stated that Mrs. St. Laurent had withdrawn her request as her issues have been resolved.        

 

NB 4 - Revenue Shortfalls from the Carnegie Project and the State                                    

 

Larry Fitzmorris, 50 Kristen Court spoke on his concerns about the Town’s revenue shortfalls.

                  

NB 5 - Request to Advertise: Road Abandonment of Heidi Drive Extension

 

Mr. Little requested further backup on the item, i.e., a map and an explanation of the request.

 

A motion by Mr. Little, seconded by Mr. Seveney, to put on the next agenda.  All voted in favor

             of the motion.

 

NB 6 - Request to Advertise: An Ordinance Authorizing the Planning Board to Adopt and

             Enforce Land Development and Subdivision Regulations/ D.A.D’Andrea

            

A motion by Mr. Seveney, seconded by Mr. Plumb, to table this to the meeting of 11/23/09.  All

             voted in favor of the motion.

 

NB 7 - Pension Plan Actuarial Changes                                                          

 

A motion by Mr. Seveney, seconded by Mr. Little, to approve the two recommended changes:

             1) the removal of the asset smoothing corridor and 2) changing the amortization period to

             30 years.  All voted in favor of the motion.

 

TCM 11/9/09

Page 7

 

NB 8 - Tax Vouchers #20091109 01 - #20091109 07                                 

 

A motion by Mr. Canario, seconded by Mr. Seveney, to approve Tax Vouchers #20091109 01 –

             #20091109 07.  All voted in favor of the motion.

 

CORRESPONDENCE

 

             1.   Response: Carcieri v. Salazar, U.S. Supreme Court Decision   Sen.J.Reed

             2.   Proposed Rate Change, City of Newport - Utilities                     J.A.Keough,Jr.

                   Department – Water Division

3.   RI DEM Notice: CRIA, LLC, requesting State Water                

                   Quality Certification

 

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

             of the motion.

 

 

FUTURE MEETINGS

 

             Nov.  23 – 7:00 p.m. – Town Council Meeting

–      HEARING, Continued, Annual Liquor Licensing

–      HEARING, Continued, An Ordinance Establishing a Schedule of Fees to be Charged by the Town of Portsmouth for Responding to Incidents Relating to Hazardous Materials

             Dec.  2 -    7:00 p.m. – Public Hearing on Wastewater

 

TIME:  9:30 p.m.

 

                                                                             _________________________________

                                                                             Kathleen Viera Beaudoin, Town Clerk