December 14, 2009
7:00 p.m. – Town Council Chambers, Town Hall,
MEMBERS PRESENT:
and
Karen J. Gleason arrived at 7:05 p.m.
MEMBERS ABSENT:
PLEDGE OF ALLEGIANCE
A moment of silence
for our men and women around the world in harm’s way.
TOWN COUNCIL
PRESENTATION: To the
Planning Commission
Tina Dolen, Dr. Quigley, and William Wimpress presented the Town Council with a plaque in grattitude for allowing the Aquidneck Island Planning Commission to have office space in the Town from 2004 to 2009 and for the Town’s support.
RECOGNITION: 2010
Linda Silveira, President of the Portsmouth Business
Association, gave recognition to the five
CONSENT AGENDA
1. CRMC – Workshop for Proposed Changes to RI Coastal Resources Management Program, Ocean Special Area Management Plan: Chapter 6: Recreation & Tourism
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
Annual License
Renewal -
1. Carnegie Abbey Club Acquisition I LP, 125 Cory’s Lane
A motion by Mr. Seveney, seconded by Mr. Little, to approve the Holiday License renewal for
Carnegie Abbey Club Acquisition I LP, 125 Cory’s Lane. All voted in favor of the motion.
TCM 12/14/09
Page 2
REQUEST TO ADVERTISE
TRANSFER OF
From: KAH, Inc. d/b/a
Steven L. Renshaw, President
To:
Sean F. Smith, Owner
A motion by Mr. Little, seconded by Mr. Seveney, to advertise for public hearing the application
for transfer of Class BV Liquor License by KAH, Inc. d/b/a
A motion by Mr. Little, seconded by Mr. Seveney, to adjourn as a Board of License
Commissioners. All voted in favor of the motion.
ADJOURN
TOWN COUNCIL
PRESIDENT’S EXECUTIVE SUMMARY – None
MINUTES – TCM 11/23/09, TCM 12/02/09
A motion by Mr. Seveney, seconded by Mr. Little, to approve the minutes of TCM 11/23/09 and
TCM 12/02/09 as written. All voted in favor of the motion with Mr. Plumb abstaining from TCM 11./23/09 due to his absence.
BILLS
A motion by Mr. Seveney, seconded by Mr. Little, to pay all just and due bills in the amount of
$110,360.05. All voted in favor of the motion.
TOWN ADMINISTRATOR’S
REPORT
TCM 12/14/09
Page 3
APPOINTMENTS AND
RECOGNITIONS
1. Resignations,
A motion by Mr. Seveney, seconded by Mr. Plumb, to accept the resignations from Mr. John Liptak and Mr. Al Conti and send them both a letter of appreciation. All voted in favor of the motion.
2. Requests for Appointment, advertised
a. Agriculture Committee
A motion by Mr. Seveney, seconded by Mr. Plumb, to approve the appointment of Jane Escobar and Ann M. Fiore to the Agriculture Committee. All voted in favor of the motion.
b. Economic Development Committee
A motion by Mr. Seveney, seconded by Mr. Plumb, to approve the appointment of Raymond H.
Keller to the Economic Development Committee. All voted in favor of the motion.
c. Glen Manor House Authority, Re-appointments
A motion by Mr. Seveney, seconded by Mr. Plumb, to approve the reappointments of John F. Brady, Margaret H Brady, Lynn M. Galvin, and B. Lynn Mallonee to the Glen Manor House Authority. All voted in favor of the motion.
d. Redevelopment Agency, Re-appointment
A motion by Mr. Seveney, seconded by Mr. Plumb, to approve the reappointment of Gary Gump
to the Redevelopment Agency. All voted in favor of the motion.
OLD BUSINESS
President McIntyre moved New Business 3 to before Old Business.1
NB 3 - Request Funding for Educational Benefit Study by Aquidneck Island Study Group R.Carpender/S.Wedge
Portsmouth School Committee Vice Chairman Sylvia Wedge stated that Middletown Town Council voted down the proposal. As it had to be unanimous from all three Councils and all three School Committees the education study will not go forward.
A motion by Mr. Little, seconded by Mr. Seveney, to take no action on New Business 3. All voted in favor of the motion.
TCM 12/14/09
Page 4
Judi Staven,
Solicitor D’Andrea explained that the term non-domesticated applies to snakes only. The list is things that are specifically outlawed but it quite clear from the language that it does not mean that everything not on that list is legal.
Police Chief Hebert said that Federal and State guidelines state that people cannot own these things without permission from the State.
A motion by Ms. Gleason, seconded by Mr. Plumb, to include large iguanas (four feet or over). The motion failed 4-1 with Mr. McIntyre, Mr. Little, Mr. Plumb and Mr. Seveney opposed.
Hearing no further comments, President McIntyre closed the Public Hearing.
A motion by Mr. Little, seconded by Mr. Plumb, to pass the Ordinance as written. The motion
carried 4-1 with Ms. Gleason opposed.
DANGEROUS
ANIMALS ORDINANCE
ORDINANCE
#2009-12-14
An
Ordinance of the Town of Portsmouth, Rhode Island, prohibiting dangerous
animals:
It
is hereby ORDAINED, as follows:
Section
I.
The
sale, housing, ownership or possession of any dangerous animal as defined in
Section II of this Ordinance, within the Town of Portsmouth, Rhode Island, is
hereby prohibited, and any person or persons selling, housing, owning, or
possessing such an animal shall be in violation of this Ordinance and shall be
subject to a fine not to exceed five hundred ($500.00) dollars for each and
every animal and incident.
Section
II.
The
term “dangerous animal” is hereby defined to include any animal not typically
kept as a pet. It specifically includes,
but is not limited to, alligators, crocodiles, venomous snakes,
non-domesticated snakes, monkeys, chimpanzees, and venomous insects.
Section
III.
This
Ordinance shall take effect upon passage.
APPROVED
BY TOWN COUNCIL
ACTION
ON DECEMBER 14, 2009.
_________________________________
Kathleen
Viera Beaudoin, Town Clerk
TC M 12/14/09
Page 5
President McIntyre asked that Item Old Business 3a also be heard at this time.
OB 2 - Clarification for the Record that the
The Council heard concerns from both sides (for and against the skateboard park) and abutters.
A motion by Mr. Seveney, seconded by Ms. Gleason, to table this item pending further
discussions by and amongst the community (
Mr. Plumb and Mr. Seveney volunteered to be Council liaisons at these discussions.
Mr. Little asked that the Council be informed when there is a meeting so other Council members may attend.
Lisa Whittier,
No action.
Association as a Town Sponsored Committee/ J. McDaid
President McIntyre suggested Mr. McDaid come before the Council at budget time if he wishes to start a recreation department for the Town.
A motion by Mr. Little, seconded by Mr. Plumb, to move the question. (End the debate) The
motion carried 4-1 with Ms. Gleason opposed.
No action.
Account/C. Augustine
This item was heard with Old Business # 2.
Time: 9:20 p.m. – Break
Time: 9:25 p.m. - Return
TCM 12/14/09
Page 6
OB 4 - Update on Portsmouth Youth Football plans to
construct a Practice Field at
High School (fr. TCM 6/22/09, TCM 9/14/09)
Eric P. Chappell, Esq. gave an update on the project saying there were zero changes on plans previously presented to the Council and no plans to use of the Condominium’s road. He introduced Bob Reed, JAM Construction Company to provide plans on the construction.
Mr. Reed said the construction will begin the first of the year with completion in June 2010. There is a fair amount, about 5,000 cubic yards, of fill to be brought in to fill the ravine. The trucks will be coming in near the North entrance of the gymnasium over the gravel road and will construct another gravel road to get to the location. They are working with Mike Lunney at the Physical Education Department at the School. The field will be higher than the Condominium’s land but he doesn’t believe run-off will be increased.
Michael Delemos, Condominium member said he had no issues with the update. He requested addressing the Council if there are any run-off issues.
No action.
NEW BUSINESS
NB 1 - Request
for Town Authorization for Proposed
Eric P. Chappell, Esq., representing Linda Butler, 24 Bayview Avenue, addressed the Council concerning CRMC’s request for affirmation that the Town is aware that Ms. Butler intends to go over Town Common property to access her property during construction and will maintain the driveway.
A motion by Mr. Seveney, seconded by Mr. Little, to direct the Town Clerk to send a letter to
Amy Silver, CRMC, answering the CRMC’s questions regarding Ms. Butler’s property. All voted in favor of the motion.
NB 2 - Request for Support in Opposing House Bill 5931 and Senate Bill 606 which would
reduce the Rhode Island Foreclosure period/Town of Glocester (fr. 11/23/09)
J.M.Fecteau/P.J.McIntyre
a. Response from Tax Assessor/Collector
A motion by Mr. Little, seconded by Mr. Seveney, to support the Resolution. All voted in favor of the motion.
TCM 12/14/09
Page 7
RESOLUTION #
2009-12-14
WHEREAS: Legislation was passed in 2006, referred
to as the “Madeline Walker Bill”,
that
amended Tax Laws to require local Tax Collectors to notify Rhode Island Housing
and Mortgage Finance Corporation of pending Tax Sales in their City or
Town. Said notification was to be made
90 days prior to the sale and gives Rhode Island Housing first option to act on
a sale, and
WHEREAS: amendments to that act, House Bill 5931
and Senate Bill 606 are now proposed.
These proposed amendments, if passed, would reduce the Rhode Island
Housing foreclosure period from five years to one or two years depending upon
property owned circumstances, and
WHEREAS: the Rhode Island Tax Collectors
Association recommends changing the process to eliminate Rhode Island Housing
and Mortgage Finance Corporation from the initial tax sale process, thus
reducing both the cost and work associated with tax sales. Switching from the pre-sale process to a
process at the end of the one year right to redeem deadline would also reduce
the legal and processing costs passed on to defaulting.
WHEREAS: This change would move the state housing
agency’s role from the costly and risky position of acquiring tax liens to a
more appropriate job of offering counseling and financing help to the
homeowners at the point where they have exhausted all other avenues. This could ultimately save the homeowners
money and possibly their homes while assisting the General Assembly in creating
a more efficient and effective process, and
NOW
THEREFORE BE IT RESOLVED that Resolution 2009-12-14, in opposition to
House
Bill 5931 and Senate Bill 606, be forwarded to all our
cities and towns as well as our State Senator and State Representatives for
their support.
APPROVED BY TOWN COUNCIL ACTION
ON DECEMBER 14, 2009.
_______________________________
Kathleen
Viera Beaudoin, Town Clerk
NB 3 - Request Funding for Educational Benefit Study by Aquidneck Island Study Group R.Carpender/S.Wedge
This item was heard before Old Business 1.
NB 4 - Retirement of Deputy Fire Chief/Fire Prevention Officer Philip C. Simmons/ D.P.Faucher
A motion by Mr. Seveney, seconded by Mr. Little, to accept the retirement letter from Deputy Chief Simmons with much regret and send him all appropriate retirement goodies that I’m sure he well deserves and wish him well in his new life. All voted in favor of the motion.
TCM 10/14/09
Page 8
NB 5 - Annual Report/Economic Development Committee
Richard Talipsky, Economic Development Committee Chairman,
and
Mr. Seveney suggested the Town invite the State’s new Economic Development Director to review the report and participate in a discussion with the Town.
NB 6 - Recommendation to Award Contract for Illicit Discharge Detection and Elimination Program (IDDE) – Bid #P10-005
A motion by Mr. Little, seconded by Mr. Plumb, to approve the QBS ranking and award the
contract to Fuss & O’Neill of
NB 7 - Request Authorization to Pay all Usual and Customary Departmental Bills in Accordance
with Regular Agenda Deadline
A motion by Mr. Seveney, seconded by Mr. Plumb, to approve the request as presented. All
voted in favor of the motion.
NB 8 - Request Approval to Abate All 1998 Delinquent Taxes
A motion by Mr. Little, seconded by Mr. Plumb, to grant the request. All voted in favor of the
motion.
NB 9 - Tax Vouchers
A motion by Mr. Seveney, seconded by Mr. Plumb, to approve Tax Vouchers #20091214 01 –
#20091214 05. All voted in favor of the motion.
CORRESPONDENCE
1. Notice/Request to Commence Negotiations/Portsmouth H.F.Tighe
Firefighters Local 1949
2. Notice of application review, Bayview Avenue A.L.Silva
Plat 6,
3. Approval of request to prohibit parking on Bristol Ferry R.Rocchio
Road north of Boyd’s Lane/State Traffic Commission
4. RI
DEM Notice: CRIA, LLC,
State Water Quality Certification
TCM 12/14/09
Page 9
A motion by Mr. Little, seconded by Mr. Plumb to receive and place on file. All voted in favor
the motion.
FUTURE MEETINGS
January 11, 2010 – 7:00 p.m. – Town Council Meeting
February 1, 2010 - 7:00 p.m. –
Public Hearing -
EXECUTIVE SESSION
RIGL 42-46-5 (a) (2) Collective Bargaining (Fire, Police)
A motion by Mr. Seveney, seconded by Mr. Plumb, to go into Executive Session under RIGL
42-46-5 (a) (2) Collective Bargaining (Fire, Police). All voted in favor of the motion.
TIME: 10:30 p.m.
TIME: 10:48 p.m. - Return
A motion by Mr. Seveney, seconded by Mr. Plumb, to adjourn. All voted in favor of the motion.
ADJOURN
TIME: 10:50 p.m.
_________________________________
Kathleen Viera Beaudoin,
Town Clerk