PORTSMOUTH TOWN COUNCIL MEETING APRIL 10, 2017 MINUTES

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1 PORTSMOUTH TOWN COUNCIL MEETING APRIL 10, 2017 MINUTES 7:00 PM Town Council Chambers, Portsmouth Town Hall, 2200 East Main Road MEMBERS PRESENT: Keith E. Hamilton, Kevin M. Aguiar, David M. Gleason, Paul F. Kesson, Elizabeth A. Pedro, Linda L. Ujifusa, J. Mark Ryan Time: 7:00 PM PLEDGE OF ALLEGIANCE The Pledge of Allegiance was followed by a Moment of Silence for our men and women serving around the world in harm s way. SITTING AS THE PORTSMOUTH TOWN COUNCIL CONSENT AGENDA 1. Bills Motion by Dr. Ryan, seconded by Mr. Gleason to approve and place on file. All voted in favor of the motion. SITTING AS THE BOARD OF LICENSE COMMISSIONERS - Motion by Mr. Kesson, seconded by Ms. Pedro to sit as the Board of License Commissioners. All voted in favor of the motion. 1. PUBLIC HEARING: Permanent Expansion of Service Area Request for a Permanent Expansion of the Service Area for The Gulf Stream Bar & Grille, 1 Lagoon Road, Portsmouth, RI Attorney Adam Thayer presented the request. Motion to close the Public Hearing by Mr. Gleason, seconded by Mr. Kesson. All voted in favor of the motion. Motion to approve the request by Ms. Pedro, seconded by Mr. Gleason. All voted in favor of the motion. 2. PUBLIC HEARING: Transfer of a Class BV Alcoholic Beverage License- Motion by Mr. Gleason, seconded by Ms. Pedro to open the Public Hearing. All voted in favor of the motion. Application to Transfer a Class BV Alcoholic Beverage License from Jonathan Martins, Inc. d/b/a Scampi, 657 Park Avenue, Portsmouth, RI to Localz, Inc. a. Application for a Class BV Alcoholic Beverage License: Localz, Inc. d/b/a Localz

2 ` TC Minutes Page 2 of 8 Kitchen & Cocktails, 657 Park Avenue, Portsmouth, RI. Owner: Kevin Ames, 50 Caribou Way, Tiverton, RI Motion by Mr. Kesson, seconded by Dr. Ryan to approve the application contingent upon payment to Rhode Island Distributing Co., and McLaughlin & Moran Inc. All voted in favor of the motion. b. Request Approval for a Temporary Seasonal Expansion of the Service Area from April 1, 2017 to December 31, 2017 Motion by Mr. Kesson, seconded by Ms. Pedro to grant approval for a Temporary Season Expansion of the Service Area. All voted in favor of the motion. c. Objection to the Transfer of Class BV Liquor License from Jonathan Martins, Inc. d/b/a Jonathans Scampi to Localz, Inc. Unless Indebtedness is Paid in Full to Rhode Island Distributing Co. / G. Mancini, Sinapi Law Associates, Ltd. d. Objection to the Transfer of a Class BV Liquor License from Jonathan Martins, Inc. d/b/a Jonathans Scampi to Localz, Inc., Unless Indebtedness is Paid in Full to McLaughlin & Moran, Inc. / D. Silva, Credit Manager, McLaughlin & Moran, Inc. 3. Victualler Licenses Annual: a. Localz, Inc. d/b/a Localz Kitchen & Cocktails, 657 Park Avenue, Portsmouth, RI Motion by Mr. Kesson, seconded by Dr. Ryan to approve. All voted in favor of the motion. b. Monique Calhoun d/b/a Patriot Nutrition, 3001 East Main Road, Unit 4 Motion by Mr. Gleason, seconded by Mr. Aguiar to approve. All voted in favor of the motion. 4. Victualler License Specific Event with Fee Waiver Request: Portsmouth Lions Club, PO Box 657, Portsmouth, RI for the Portsmouth Free Public Library Touch-A-Truck Fundraiser, Glen Park May 6, 2017 Motion by Mr. Kesson, seconded by Ms. Ujifusa to waive the fee and approve the license. All voted in favor of the motion. 5. Peddler Licenses Annual: a. Marc Allen Fine Clothiers, 200 South Main Street, Providence, RI Motion by Mr. Kesson, seconded by Mr. Aguiar to approve. All voted in favor of the motion. b. Heather Souto d/b/a The Naughty Pony, 225 Harrison Avenue, Newport, RI Motion by Mr. Kesson, seconded by Mr. Gleason to approve. All voted in favor of the motion. 6. Peddler License Specific Event: Wellness Rising LLC, 48 Rowley Street, Providence, RI for the Beast of the East Rugby

3 Page 3 of 8 Tournament, April 22 & 23, 2017 Motion by Mr. Kesson, seconded by Mr. Aguiar to approve. All voted in favor of the motion. ADJOURN Motion to adjourn as the Board of License Commissioners by Mr. Kesson, seconded by Ms. Pedro. All voted in favor of the motion. PRESIDENT S EXECUTIVE SUMMARY President Hamilton stated that there was no Executive Session prior to the Council Session. He thanked all involved with the free tree seedling giveaway. The Tree Commissioner would like to know how many trees have survived in the past. US Representative Cicilline will be having a Community Conversation at the Portsmouth Middle School on Saturday, April 22, 2017 at 3:30 PM. All are welcome. MINUTES TCM 2/13/17- Motion to approve by Dr. Ryan, seconded by Ms. Pedro, upon addition of the Resolution in support of the Eastern Rhode Island Conservation District (ERICD) added to the minutes in NB1. All voted in favor of the motion. TCM 2/27/17 Motion to approve by Mr. Kesson, seconded by Dr. Ryan, with combination of sentence 2 and 3 in OB1. All voted in favor of the motion. TCM 3/13/17 Motion to approve by Mr. Aguiar, seconded by Mr. Kesson. All voted in favor of the motion. TCM 3/27/17 & Exec. Motion to approve by Mr. Kesson, seconded by Ms. Ujifusa. Vote was with abstention by Dr. Ryan. TOWN ADMINISTRATOR S REPORT Portsmouth Award: The Town Council has previously proclaimed that at least once a year, the Portsmouth Award Committee will meet to select a deserving person, persons, or group who has over a period of time: o consistently demonstrated excellence in professional and community leadership o Exhibited outstanding initiative, inspiration, leadership and organizational skills which produced significant results directly benefiting the community and its citizens,

4 Page 4 of 8 o Made, or is making, significant contributions to the welfare of the community through involvement and participation; and o Has given freely of their time and energy for the betterment of our community. As agreed to last year, we will solicit nominations to the Award Committee this and next month. The Award Committee will review and select the Award recipient(s) in June and the award presentation will be held at the last TC meeting of the fiscal year. Tree City USA: It s my pleasure to report, Portsmouth has again been recognized as a Tree City USA. The Tree City USA program is sponsored by the Arbor Day Foundation in partnership with the US Forest Service and the National Association of State Foresters. A press release announcing our award was issued last week. I d like to publicly thank our Tree Commission, Tree Warden and Public Works Department for their hard work in keeping Portsmouth Green and Beautiful. Budget: In two weeks, we will hold our annual budget meetings. We are still waiting on some figures from the Tax Assessor and Collector. As the appraisal reviews wind up this week, we will be able to produce a Final Draft for everyone s review. That will be disseminated next week. In the meantime, the Finance Director has prepared an advance draft for the Council. Matt will provide us with his most up to date numbers early next week. At that time, we will print the draft budget and post it online. Honor Wall Update: Lastly, please take notice of the New Honor Wall which is very near completion. The Veterans Honor Roll committee has worked hard to bring this project to fruition and I d like to thank them for their hard work and commitment to all Veterans in Portsmouth. The previous Honor Roll display has been removed and is being prepared for is final resting place here in the TC Chamber. A plaque will be displayed alongside the original plaques which will highlight the dates they were on prominent display in Town Hall. The New Honor Roll is slated to be commissioned on May 20 th. REMOVALS, RESIGNATIONS AND APPOINTMENTS 1. Removal/Rescind Previous Appointment:

5 Page 5 of 8 a. Prudence Island Planning Commission A. Lockwood Motion to remove with regret by Mr. Kesson, seconded by Ms. Pedro. All voted in favor of the motion. 2. Resignations: a. Prudence Island Planning Commission E. Cardin Motion to accept with regret by Ms. Pedro, seconded by Mr. Gleason. All voted in favor of the motion. b. Glen Park Working Committee G. Kinnunen Motion to accept with regret by Mr. Kesson, seconded by Ms. Pedro. All voted in favor of the motion. 3. Appointments: a. Juvenile Hearing Board Motion to approve Jennifer Joslyn by Mr. Kesson, seconded by Dr. Ryan. All voted in favor of the motion. b. Prudence Island Planning Commission- Motion to approve Christopher Brown and Frederick Stevenson Jr. by Mr. Kesson, seconded by Ms. Pedro. All voted in favor of the motion. c. Pension Investment Committee Appointed Keith Hamilton and Paul Kesson as the Council Representatives and Finance Director John Menke. Motion to approve Union Representatives Det. Khatu Khubchandani and Neil Belliveau by Ms. Pedro, seconded by Mr. Gleason. All voted in favor of the motion. Motion to approve Investment Professionals John Pope and Jonathan Harris by Mr. Kesson, seconded by Mr. Gleason. All voted in favor of the motion. Motion to appoint Steve Senteio as an Investment Professional by Ms. Pedro, seconded by Ms. Ujifusa. All voted in favor of the motion. Motion by Ms. Pedro, seconded by Ms. Ujifusa to appoint Ralph McCluskey as the Citizen at Large Representative. All voted in favor of the motion. OLD BUSINESS 1. Response to Council Questions Regarding Claimed FY Budget Deficit of $699,863. No action taken.

6 Page 6 of 8 2. Discussion/Action Modified Potter League Contract Proposal. Motion to approve by Ms. Ujifusa, seconded by Mr. Aguiar. All voted in favor of the motion. 3. Request Approval to Award the Roadway Improvement to Broadway, Prudence Island to Pawtucket Hot Mix Asphalt, Inc. as the Lowest Bidder. Motion to approve by Mr. Kesson, seconded by Dr. Ryan. All voted in favor of the motion. 4. Request Approval of Tremco Roofing and Building Maintenance for the Repairs to Make Glen Farms Stables Water Tight on All 5 Buildings. Request by Mr. Gleason to Finance Director Mr. Menke as to what the remaining balance of the fund is. Motion to approve up to $60,000 by Mr. Gleason, seconded by Dr. Ryan. All voted in favor of the motion. NEW BUSINESS 1. Resolution in Support of Maintaining the Level of Funding for Discover Newport at 47% of the Current Lodging Tax to Support Their Efforts to Keep Portsmouth Competitive with many Other Popular Travel Destinations. - Motion by Ms. Ujifusa, seconded by Mr. Aguiar to approve the resolution in support of maintaining the level of funding for Discover Newport at 47% of the current lodging tax, as proposed by Senate Bill 640, sponsored by Senator Jim Seveney, and others, with spelling correction. All voted in favor of the motion. 2. Discussion/Action Request Ordinance for Short-Term Rental Properties. Motion by Ms. Ujifusa, seconded by Mr. Aguiar for staff to review concerns raised by Ms. Panaggio s letter concerning short-term housing rentals in Portsmouth, and determine which ordinances, if any, need to be revised, and report back to the Town Council, with a recommendation, including new proposed draft ordinances and possibly, enforcement changes. All voted in favor of the motion. 3. Burrillville Town Council Adoption of a Resolution Petitioning the Director of Revenue for the Installation of an Accounting System for the Town of Burrillville in Accordance with RIGL L. Phaneuf, Burrillville Town Clerk. Request for Finance Director John Menke to research the State Statute Power to petition for installation of system the electors of any town or city qualifies to vote on a proposition to impose a tax, or any town or city council when legally assembled, may by vote, petition the State Director of Revenue for the installation of an accounting system for town or city. No motions made.

7 Page 7 of 8 4. Resolution in Support of Inadequacies of the Low and Moderate Income Housing Act as Identified by the Town of Gloucester, RI and Forwarded to the RI Legislative LMIH Study Commission. A. Weinreich, CMC, Charlestown Town Clerk. Motion by Ms. Ujifusa, seconded by Dr. Ryan to move to next meeting. Motion fails 3-4, Mr. Hamilton, Mr. Kesson, Ms. Pedro, and Mr. Gleason in dissent. Motion by Mr. Gleason, seconded by Ms. Pedro to support the proposed resolution with the changes proposed by Town Planner Gary Crosby to make it aware that Portsmouth is inside the Urban Service Boundary. Motion passed 4-3, with Ms. Ujifusa, Mr. Aguiar, and Dr. Ryan in dissent. 5. Discussion/Action Municipal Legal Services Proposals. Motion by Ms. Ujifusa, seconded by Dr. Ryan to table this item and invite all six applicants for the position of town solicitor to be interviewed at a future executive session meeting, on a mutually convenient date and time to be arranged. I make this motion pursuant to R.I. Gen. Laws (a)(1), that permits this public body to convene in executive session to discuss the job performance of applicants after these individuals have been notified in writing that this public body intends to convene in executive session in order to discuss job performance and they have declined to have these discussions take place in open session, and further I make this motion, pursuant to R.I. Gen. Laws (a)(2), that permits this public body to convene in executive session to discuss litigation, including pending litigation, and reasonably anticipated litigation, where substantive discussions of strategy are necessary. Monday, April 17, 2017 at 6:00 PM with 30 minute blocks for interviews agreed upon. All voted in favor of the motion. CORRESPONDENCE 1. Letter re: Resolution in Opposition to the Federal Railroad Administration s NEC FUTURE Tier 1 Final Environmental Impact Statement and the Preferred Alternative. 2. Two Resolutions from the Jamestown Town Council for your Consideration and Support: 1) Municipal Resolution on Gun Free Schools, and 2) Resolution of Support for House Bill 5515 An Act Relating to Criminal Procedure-Immigration Detainees. 3. Letter in Support of Civic Appropriation for the Eastern RI Conservation District (ERICD) from Portsmouth in its Budget in the Amount of $1, Letter re: Drafting a Comprehensive Immigration Protection Ordinance.

8 Page 8 of 8 Motion by Ms. Pedro, seconded by Mr. Kesson to receive and place all correspondence on file. All voted in favor of the motion. FUTURE MEETINGS April 17 6:00 PM Special Town Council Meeting: Executive Session April 24 7:00 PM Town Council Meeting: Budget Overview and Discussion on Revenue April 25 7:00 PM Town Council Meeting: Budget Town Hall, Police, Fire, Public Works April 26 7:00 PM Town Council Meeting: Budget All Other Departments April 27 7:00 PM Town Council Meeting: Budget If Needed May 8 7:00 PM Town Council Meeting ADJOURN Time: 9:12 PM Jennifer M. West, Town Clerk