PORTSMOUTH TOWN COUNCIL MEETING April 14, 2014 Minutes. 6:00 PM Town Council Chambers, Town Hall, 2200 East Main Road

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1 PORTSMOUTH TOWN COUNCIL MEETING April 14, 2014 Minutes 6:00 PM Town Council Chambers, Town Hall, 2200 East Main Road MEMBERS PRESENT: James A. Seveney, John F. Blaess, David M. Gleason, Keith E. Hamilton, Mary Donohue Magee, and Elizabeth A. Pedro PLEDGE OF ALLEGIANCE Michael A. Buddemeyer arrived at 6:40 PM A moment of silence was observed for our men and women around the world in harm s way. SITTING AS THE PORTSMOUTH TOWN COUNCIL WORKSHOP: Discussion/Review of Town Boards and Committees Missions, Charters, Bylaws, Responsibilities, Memberships, Projects, Activities, and Related Discussions 1. Agricultural Committee (Ann Fiore, Chair) Not present. 2. Board of Canvassers (E. Richard Carpender, Chair) Gave update. 3. Bristol Ferry Town Common Committee (Esmond D. Smith) Gave update. 4. Conservation Commission (Claudette A. Weissinger, Chair) Gave update. 5. Design Review Board (Gary L. Graham, Chair) Gave update. 6. Dog Park Planning Committee (Caroline Bunny Miller, Chair) Gave update. 7. Economic Development Committee (Ray Berberick, Chair) Gave update. 8. Glen Manor House Authority (John Brady, Chair) Gave update. 9. Glen Park Working Committee (Grace C. Kinnunen, Chair) Gave update. 10. Harbor Commission (Robert Anson, Temporary Chair) Gave update. 11. Housing Authority (Norma J. Silvia/James Dilley, Co-Chairs) Not present. 12. Joint Task Force on Efficiency in Town Govt. (James A. Seveney, Chair) Gave update. 13. Juvenile Hearing Board (Karen Gleason, Chair) Mr. Gleason read an update from Chair, Karen Gleason. 14. Lower Glen Farm Preservation Committee (Joseph A. Reynolds, Chair) Gave update. 15. Melville Park Committee (Edward Rizy, Chair) Gave update. 16. Mooring Assignment Appeal Committee (Robert Marshall, Chair) Gave update. 17. Open Space Committee (Karen Menezes, Chair) Gave update. 18. Planning Board (Guy Bissonnette, Chair) Gave update. 19. Portsmouth Redevelopment Agency (David MacBain, Chair) Gave update. 20. Portsmouth Prevention Coalition (Ray Davis, Chair) Gave update. 21. Prudence Island Planning Commission (Harry Sterling, Chair) Not present. 22. Solid Waste/Recycling Study Committee (Robert Gessler, Chair) Gave update. 23. Tax Assessment Board of Review (John Endrusick, Chair) Not present. 24. Town Center Project Committee (John Corbishley, Chair) Not present. 25. Tree Commission (Scott D. Wheeler, Chair) Gave update. 26. Zoning Board of Review (Kevin M. Aguiar, Chair) Not present.

2 Page 2 of 7 7:30 PM Town Council Meeting CONSENT AGENDA None SITTING AS THE BOARD OF LICENSE COMMISSIONERS VICTUALLER LICENSE WITH FEE WAIVER REQUEST 1. Portsmouth Lions Club, Touch-A-Truck Event at Glen Park, May 3, 2014 A motion by Mr. Hamilton, seconded by Ms. Magee, to approve with the fee waiver. All voted in favor of the motion. A motion by Ms. Pedro, seconded by Mr. Hamilton, to adjourn as the Board of License Commissioners. All voted in favor. ADJOURN PRESIDENT S EXECUTIVE SUMMARY President Seveney reported that an Executive Session, requested by DEM, that was held on April 1 st. Discussion took place regarding DEM s leaning toward an acknowledgment that sewers are not the solution for Portsmouth, and they are looking at other solutions to find onsite solutions in Town. Mr. Crosby is working with DEM on how the Town will hold up its end with inspections and notifications of violations. The principle thing we heard is that DEM is backing off their demand we put some sort of sewer solution in Town. MINUTES TCM 3/24/14 and Exec.; 3/31/14, 4/1/14 and Exec. A motion by Mr. Blaess, seconded by Ms. Magee, to approve the 3/24/14 Public and Executive Session minutes. The motion carried 6-0, with Mr. Buddemeyer abstained. A motion by Mr. Hamilton, seconded by Mr. Blaess, to approve the 3/31/14 minutes. The motion carried 6-0, with Mr. Buddemeyer abstained. Ms. Pedro requested that the minutes of the 4/1/14 Public Session be amended to reflect that she abstained from voting on the following motion: to direct the Town Administrator to use the resources at his disposal to work with DEM to capture the discussion, the general agreement of onsite solutions, and work cooperatively to get both the wastewater management plan and the ordinance to reflect the potential agreement between the Town and DEM such that it satisfies both parties, and we can resolve the Notice of Violation. We will seek public discussion and review of the new draft ordinance and plan and to continue to work with our legal counsel on the resolution. A motion by Mr. Hamilton, seconded by Mr. Blaess to approve the 4/1/14 Executive Session minutes and the amended 4/1/14 Public Session minutes. The motion carried 6-0, with Mr. Buddemeyer abstained.

3 Page 3 of 7 BILLS A motion by Mr. Hamilton, seconded by Mr. Blaess, to approve bills in the amount of $97, All voted in favor of the motion. TAX VOUCHERS None TOWN ADMINISTRATOR S REPORT Mr. Klimm announced that the budget was passed out to the Council this evening and the budget and audit will be on the Town s website. 1. Elmhurst Project Update Mr. Klimm acknowledged and thanked Public Works Director David Kehew for his work as the de facto Clerk of the Works. Mr. Kehew has been at the worksite every day rain or shine. Mr. Kehew gave a review of the Elmhurst demolition project. APPOINTMENTS AND RESIGNATIONS 1. Requests for Appointment a. Glen Manor House Authority (15 member authority, 1 vacancy) Kathy Melvin withdrew her name from consideration for this appointment. A motion by Mr. Hamilton, seconded by Mr. Blaess, to re-appoint Francis Wyatt to the Glen Manor House Authority. All voted in favor of the motion. b. Glen Park Working Committee (9 member committee, 5 vacancies) A motion by Mr. Hamilton, seconded by Mr. Blaess, to re-appoint Rosemary Davidson to the Glen Park Working Committee. All voted in favor of the motion. c. Juvenile Hearing Board (7 member board, 3 vacancies) A motion by Ms. Pedro, seconded by Mr. Blaess, to appoint Elizabeth Jordan to the Juvenile Hearing Board. All voted in favor of the motion. d. Melville Park Committee (Unlimited member committee, 5 current members) A motion by Mr. Hamilton, seconded by Ms. Pedro, to re-appoint Leon Lesinski to the Melville Park Committee. All voted in favor of the motion.

4 Page 4 of 7 APPOINTMENTS AND RESIGNATIONS (continued) 2. Resignations a. Conservation Commission (1) A motion by Ms. Pedro, seconded by Mr. Blaess, to accept, with regret, the resignation of Arne Johnson from the Conservation Commission. All voted in favor of the motion. b. Solid Waste Recycling Committee (1) A motion by Mr. Hamilton, seconded by Mr. Blaess, to accept, with regret, the resignation of Paul Ross from the Solid Waste Recycling Committee. All voted in favor of the motion. OLD BUSINESS OB 1 - Discussion/Update re Wastewater/NOV Issues Gary Crosby gave an update regarding the Wastewater/Notice of Violation issues. Mr. Gleason requested that he be included in any future discussions with DEM, and Mr. Seveney approved. A motion by Ms. Pedro, seconded by Mr. Gleason, to move to New Business 5. All voted in favor of the motion. NB 5 - Discussion/Action re Whether or Not to Allow the Girl Scouts Archery Demonstration at Glen Park A motion by Mr. Hamilton, seconded by Mr. Blaess, to approve the authorization for the Girl Scouts Archery Demonstration for the Girl Scouts this one day. All voted in favor of the motion. Mr. Gleason suggested that next year the Girl Scouts come to the Council for a use waiver. OB 2 - Discussion re Deputy Finance Director Position and Budgetary Impact Mr. Klimm stated this is a fully funded position that needs to be staffed. President Seveney stated he wanted the Council to have a weigh in on the action as everything we do financially has to be scrutinized. A motion by Mr. Gleason, seconded by Ms. Pedro, to hire a Deputy Finance Director. The motion carried 6-1, with Mr. Hamilton opposed.

5 Page 5 of 7 NEW BUSINESS NB 1 - Request for Donation, PHS Post Prom Party A motion by Mr. Hamilton, seconded by Ms. Magee, to approve the donation of $1,000 from the Council Contingency fund to the PHS Post Prom Party. All voted in favor of the motion. NB 2 - Request Permission to Apply for a Port Security Grant for 2014 A motion by Mr. Hamilton, seconded by Mr. Blaess, to approve the request. All voted in favor of the motion. NB 3 - Request Permission to Put Cisterns on Town Property Robert Marshall, Chief of the Prudence Island Volunteer Fire Department stated he believes the cisterns would cost about $10,000 to $12,000 each. He plans to work the cost into their budget from the PIVFD s capital improvement budget over the next few years. A motion by Mr. Hamilton, seconded by Ms. Pedro, to approve putting cisterns on Town Property, pending approval of the DPW Director. All voted in favor of the motion. NB 4 - Request Approval of Resolutions: a. Resolution to Support the Passage of Pending Legislation Benefiting Small Businesses and Adding Jobs in RI (S2338) b. Resolution to Support the Passage of Pending Legislation Benefiting Small Businesses and Adding Jobs in RI (H7357) A motion by Mr. Hamilton, seconded by Mr. Blaess, to approve both resolutions. All voted in favor of the motion. NB 5 - Discussion/Action re Whether or Not to Allow the Girl Scouts Archery Demonstration at Glen Park This matter was heard after OB 1. NB 6 - Discussion re Proposed Budget Calendar Discussion took place regarding proposed dates for budget meetings. Mr. Klimm will send the listing of agreed upon dates to the Council.

6 Page 6 of 7 CORRESPONDENCE 1. Thank You re Bristol Ferry Road Diet 2. Letter from the Housing Hotline Seeking Cash Donations/Sponsorship to Support the Save a Light Fund 3. Request for Support of Resolution in Opposition to H7757 Authorizing the Town of Smithfield to Undertake the Maintenance of Outside Grounds and Fields Utilized by Smithfield Public Schools/Smithfield School Committee 4. Request from Burrillville Town Council to Support their Position on the Following Resolutions: a. Resolutions in Support of Senate Bill 2014-S2135 and House Bills 2014-H7095 and 2014-H7580 Relative to Common Core Mandates and Standards b. Resolution Opposing Senate Bill 2014-S2411; an Act Relating to Labor and Labor Relations, Arbitration, Continuance of Contractual Provisions c. Resolution Opposing House Bills 2014-H7464 and H7465; Relating to Labor and Labor Relations; Continuance of Contractual Provisions d. Resolution Supporting House Bills 2014-H7501 and 2014-H7502; Acts Relating to Courts and Civil Procedures Interest on Judgments e. Resolution in Support of House Bill 2014-H7291; Amendments to School Housing Project Costs f. Request Approval of a Resolution Opposing 2014 S2677 An Act Relating to Taxation Levy and Assessment of Local Taxes 5. Request for Support of Resolution Opposing S2677 and H7631 An Act Relating to Taxation Levy and Assessment of Taxes/ Town of Foster A motion by Mr. Blaess, seconded by Mr. Gleason, to place Items 1, 2, 3, and 5, on file. All voted in favor of the motion. A motion by Ms. Pedro, seconded by Mr. Hamilton, to move the resolutions from Item 4 to the April 28 th Town Council Meeting under Old Business. All voted in favor of the motion. FUTURE MEETINGS April 28 7:00 PM Town Council Meeting April 29 7:00 PM Revenues and Fees Presentation and Discussion April 30 7:00 PM Capital Improvement Plan and School Department May 1 7:00 PM Police, Fire, Prudence Island Fire, and DPW

7 Page 7 of 7 FUTURE MEETINGS (continued) May 5 7:00 PM All Other May 13 7:00 PM Open for Further Discussion, if needed May 14 7:00 PM Adoption of Provisional Budget June 10 7:00 PM Public Budget Hearing- Portsmouth Middle School EXECUTIVE SESSION RIGL (a)(5) and RIGL (a)(7) Wind Turbine Project RIGL (a)(2) Litigation RI Nurseries vs. Portsmouth RIGL (a)(2) Negotiations Police K. Gavin K. Gavin J. Klimm Mr. Klimm stated that only the first item on the Executive Session agenda would be discussed. A motion by Mr. Blaess, seconded by Ms. Magee, to move into Executive Session pursuant to RIGL (a)(5) and RIGL (a)(7) Wind Turbine Project. All voted in favor of the motion. TIME: 9:42 PM RETURN TO OPEN SESSION TIME: 9:49 PM OPEN SESSION President Seveney reported that in Executive Session, the Council had a discussion relating to the wind turbine. No votes were taken. ADJOURN A motion by Mr. Hamilton, seconded by Ms. Pedro, to adjourn. All voted in favor of the motion. TIME: 9:50 PM Joanne M. Mower, Town Clerk