PORTSMOUTH TOWN COUNCIL MEETING November 23, :00 p.m. Town Council Chambers, Town Hall, 2200 East Main Road

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1 PORTSMOUTH TOWN COUNCIL MEETING November 23, :00 p.m. Town Council Chambers, Town Hall, 2200 East Main Road MEMBERS PRESENT: Peter J. McIntyre, Hubert E. Little, Dennis M. Canario, Karen J. Gleason Keith E. Hamilton and James A. Seveney MEMBERS ABSENT: Jeffrey C. Plumb PLEDGE OF ALLEGIANCE A moment of silence for our men and women around the world in harm s way. TOWN COUNCIL CONSENT AGENDA 1. Invitation: Eastern RI Conservation District Annual Meeting A motion by Mr. Little, seconded by Mr. Seveney, to receive and place on file. All voted in favor of the motion. BOARD OF LICENSE COMMISSIONERS HEARING: ANNUAL LICENSE RENEWALS Continued from 11/9/09 Town Clerk Kathleen Viera Beaudoin read the list of applicants for renewal. Liquor Licenses Class BVL BV A D BVL Name and Address Anna D LLC d/b/a Anna D Café, 954 East Main Road Bracky Ltd. d/b/a Island Tap, 568 Park Avenue Moriarty s Liquor Locker, Inc. d/b/a Moriarty s Liquor Locker, 624 Park Avenue Rhode Island Abbey Golf Club Incorporated, 125 Cory s Lane Rahilly, Inc. d/b/a West Main Pizza, 1620 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. 2:00 a.m. closing Bracky Ltd. d/b/a Island Tap, 568 Park Avenue, New Year s Eve Only.

2 Page 2 A motion by Mr. Little, seconded by Mr. Seveney, to approve the 2:00 closing for Bracky Ltd. d/b/a Island Tap, 568 Park Avenue, New Year s Eve Only. All voted in favor of the motion. Victualler Licenses Carnegie Abbey Club Acquisition I LP, 125 Cory s Lane A motion by Mr. Seveney, seconded by Mr. Little, to approve the Victualler License for Carnegie Abbey Club Acquisition I LP, 125 Cory s Lane subject to taxes being up to date. All voted in favor of the motion. Amusement Games Licenses # Games 5 Bracky Ltd. d/b/a Island Tap, 568 Park Avenue A motion by Mr. Seveney, seconded by Mr. Little, to approve the Amusement Game License for Bracky Ltd. d/b/a Island Tap, 568 Park Avenue for five games subject to taxes being up to date. All voted in favor of the motion. Peddler Licenses Rui Almeida d/b/a Doughboys Kitchen, 1046 Ray Street, Fall River, MA A motion by Mr. Canario, seconded by Mr. Little, to approve the Peddler License for Rui Almeida d/b/a Doughboys Kitchen, 1046 Ray Street, Fall River, MA subject to taxes being up to date. All voted in favor of the motion. Gunsmith/Gun Dealer William Lapointe d/b/a Cottrell & Lapointe, 192 Narragansett Blvd. A motion by Mr. Little, seconded by Mr. Seveney, to approve the Gunsmith/Gun Dealer License for William Lapointe d/b/a Cottrell & Lapointe, 192 Narragansett Blvd. Subject to taxes being up to date. All voted in favor of the motion. A motion by Mr. Seveney, seconded by Mr. Little, to adjourn as a Board of License Commissioners. All voted in favor of the motion. ADJOURN

3 Page 3 TOWN COUNCIL PRESIDENT S EXECUTIVE SUMMARY - None MINUTES TCM 11/9/09 A motion by Mr. Seveney, seconded by Mr. Little, to approve the minutes of TCM 11/9/09 as written. 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 $54, All voted in favor of the motion. TOWN ADMINISTRATOR S REPORT Public Works Department has completed the fall paving projects. They are backing up the asphalt with dirt and return in the spring to plant grass seed. Glen Farm s septic system is being installed along with electrical work and bathroom installation. Shoemaker Group studying School regionalization has continued to meet. We are waiting for a request for an additional $5, from Council. President McIntyre stated the group is requesting Council Members to attend a meeting on December 7 th at 8:30 a.m. at Oliphant School. President McIntyre and Mr. Seveney will attend. APPOINTMENTS AND RECOGNITIONS 1. Conservation Commission: a. Resignation A motion by Mr. Seveney, seconded by Mr. Seveney, seconded by Mr. Little, to accept with regret the resignation and send a letter of thanks to Elizabeth Shimkus. All voted in favor of the motion. b. Request for Re-appointment A motion by Mr. Seveney, seconded by Mr. Hamilton, to re-appoint Robert Gessler. All voted in favor of the motion 2. Request for Re-appointment: Tax Assessment Board of Review

4 Page 4 A motion by Mr. Seveney, seconded by Mr. Little, to re-appoint Mary Anne Hand. All voted in favor of the motion. 3. Requests for Appointment: a. Agricultural Committee A motion by Mr. Seveney, seconded by Mr. Little, to appoint Judith A. Carvalho. All voted in favor of the motion. b. Tree Commission A motion by Mr. Seveney, seconded by Mr. Little, to appoint Teresa T. Pinto. All voted in favor of the motion. OLD BUSINESS OB 1 - HEARING: An Ordinance Establishing a Schedule of Fees to be Charged by the Town of Portsmouth, Rhode Island for Responding to Incidents Relating to Hazardous Materials (continued from TCM 10/26/09) As there were no comments from the public, President McIntyre closed the public hearing. A motion by Mr. Canario, seconded by Mr. Little, to approve the Ordinance with the funds going into the General Fund. The motion carried 5-1 with Ms. Gleason opposed. AN ORDINANCE ESTABLISHING A SCHEDULE OF FEES TO BE CHARGED BY THE TOWN OF PORTSMOUTH, RHODE ISLAND, FOR RESPONDING TO INCIDENTS RELATING TO HAZARDOUS MATERIALS ORDINANCE # BE IT ORDAINED by the Town Council of the Town of Portsmouth, Rhode Island, that the Portsmouth Fire Chief is authorized to assess the fees set forth herein whenever the Portsmouth Fire Department is caused to respond to any location to mitigate the effects of a hazardous material spill, release, or other incident. Section I. Definition of Hazardous Material. For purposes of this ordinance hazardous material means any material that, because of its quality, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health or safety or to the environment if released into a workplace or the environment. Hazardous materials include, but are not limited to, explosives, radioactive materials, medical waste, flammable solids, solid poisons, oxidizing or corrosive materials, cryogenic materials, compressed gases, any substance that is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III-A combustible liquid, and any material which the Fire Chief has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into a workplace or the environment.

5 Page 5 Hazardous materials also includes a waste or combination of wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may either cause, or significantly contribute to, an increase in mortality or an increase of serious or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed. Section II. Hazardous Materials Response Fees. The Fire Chief is authorized to assess fees whenever the Fire Department is caused to respond to any location to mitigate the effects of a hazardous material spill, release, or other incident. Said fees are to be assessed as follows: (a) Haz-Mat Team Response: $ (b) Other Personnel: contract hourly rate, plus 70% (c) Other Personnel Related cost of medical evaluation and/or Expenses: treatment of personnel necessitated by exposure to hazardous material. (d) Equipment: 1. First hour: flat rate $ for all apparatus, plus cost of materials. 2. Each additional hour: Hourly rate as follows: a. Aerial device: $ b. Ambulance: $ c. Light rescue: $ d. Brush truck: $ e. Command vehicle: $ f. Engine company: $ g. Tanker: $ (e) Replacement of any damaged equipment, including firefighter turnout gear, damaged while at response, and any materials used to recover and clean-up the spill or release. Section III. Exemptions. Hazardous Materials Response Fees will not be imposed for spills requiring a response from the Fire Department that result in only a negligible cost to the Town; for example, use of motor fuel only to respond and no additional personnel costs. Section IV. Appeals. Any person aggrieved by the imposition of fees under this ordinance may appeal in writing the imposition of such fees to the Town Administrator. Any person who does not receive a decision on such appeal within sixty (60) days of filing a written appeal with the Town Administrator or who is aggrieved by the Town Administrator s decision may appeal to the Town Council. Section V. Use of Fees. All fees collected under this ordinance shall be placed in the Town s General Fund. Section VI. Effective Date. This Ordinance shall take effect upon passage. APPROVED BY TOWN COUNCIL ACTION ON NOVEMBER 23, Kathleen Viera Beaudoin, Town Clerk

6 Page 6 OB 2 - HEARING: Re-Designation/Extension of Enterprise Zone Program/Approval of Resolution William Clark, Business Development Director, gave an overview of the program and stated that the Planning Board had recommended the resolution with one minor addition to 2.b. inserting the words and implementation. Paul Kesson, 15 King Phillip Street, asked how far the Enterprise Zone extended. As there were no further comments by the public, President McIntyre closed the public hearing. A motion by Mr. Canario, seconded by Mr. Seveney, to approve the Re-Designation/Extension of Enterprise Zone Program and the Resolution as amended by the Planning Board. All voted in favor of the motion. TOWN OF PORTSMOUTH, RI RESOLUTION # WHEREAS: The Enterprise Zone Program has been of great benefit to business growth in Portsmouth since 1995, and WHEREAS: The Portsmouth/Tiverton Enterprise Zone is set to expire on December 31, 2009, unless renewed, and WHEREAS: The Town of Portsmouth wishes to extend its Enterprise Zone Program through December 31, NOW THEREFORE, BE IT RESOLVED: that the Town of Portsmouth shall apply for continued participation in the Rhode Island Enterprise Zone Program. The Town of Portsmouth shall: 1. Extend its Property Tax Stabilization Program, currently set to expire December 31, 2009, through December 31, Continue the programs and projects detailed in the Request for Re-designation Proposal being submitted to the Rhode Island Economic Development Corporation Enterprise Zone Council including: a. Advocate for the conversion of excess Navy lands for municipal and economic development. b. Continue support for the creation and implementation of the West Side Master Plan. c. Pursue funds for implementation of physical improvements in Island Park and Park Avenue. d. Continue efforts to revitalize and re-use the rail corridor. e. Provide support to businesses with information on State and Federal programs. f. Update and distribute the Portsmouth Economic Development brochure. g. Promote the Town as a business location through brochures and the World Wide Web. h. Continue the elimination of wholesale inventory from property tax. i. Continue to support the role of the Portsmouth Economic Development Committee. Peter J. McIntyre, President, Portsmouth Town Council

7 Page 7 OB 3. Request Reconsideration of vote 11/9/09 to Downsize Membership of the Glen Manor House Authority (fr. TCM 11//9/09) John Brady, member of the Glen Manor House Authority, requested the Council reconsider the vote to downsize membership. He stated the bi-laws cap the membership at 24. He is asking the Council to keep the present bi-laws in place, to allow that number to decrease by attrition and to put a hold on advertising for the Authority. A motion by Mr. Seveney, seconded by Mr. Little, to rescind the motion to modify the membership of the Glen Manor House Authority and to cancel that action. All voted in favor of the motion. A motion by Mr. Canario, seconded by Mr. Seveney, to reduce the membership through attrition. All voted in favor of the motion. OB4 - Request to Advertise: Road Abandonment of Heidi Drive Extension (fr. TCM 11//9/09) A motion by Mr. Seveney, seconded by Mr. Canario, to approve the advertisement for a public hearing and request the Planning Board provide an opinion or the abandonment of the Heidi Drive Extension. All voted in favor of the motion. OB 5 Transfer Station Fee and Solid Waste Issues a. Discussion (fr. TCM 10/28/09) b. Presentation of Solid Waste/Recycling Committee Comments and Responses to TCM 11/9/09 c. Transfer Station Enterprise Fund for FY A motion by Ms. Gleason, seconded by Mr. Canario, to continue this discussion to a workshop on November 30, 2009 and perhaps vote that evening on the price. The motion failed 4-2 with Mr. McIntyre, Mr. Little, Mr. Seveney, and Mr. Hamilton opposed. A motion by Mr. Little, seconded by Mr. Seveney, to charge $ and $10.00 for an extra sticker with a limit of two stickers per household. The motion carried 4-2 with Mr. Canario and Ms. Gleason opposed. Mr. Driscoll will prepare an enforcement plan for the next Town Council meeting. OB 6 Minutes of TCM 10/26/09-Revised-OB 2 Glen Farm-Amending the Town Charter- Legal Opinion (fr. TCM 11/9/09) TIME: 8:40 p.m. Mr. Canario left the room.

8 Page 8 A motion by Mr. Seveney, seconded by Mr. Little, to reconsider and approve the first motion that appears on page 6 of TCM 10/26/09, OB 1, and rescind the second motion. The motion passed 5-0. TIME: 8:45 p.m. Mr. Canario returned and Mr. Hamilton left the room. OB 7 Request to Advertise: An Ordinance Authorizing the Planning Board to Adopt and Enforce Land Development and Subdivision Regulations (fr. TCM 11/9/09) Town Solicitor D Andrea requested withdrawal of this matter. A motion by Mr. Seveney, seconded by Mr. Little, to allow the Solicitor to withdraw this matter. The motion carried 5-0. TIME: 8:50 p.m. Mr. Hamilton returned. OB 8 October Revenue and Expenditure Reports for FY A motion by Mr. Seveney, seconded by Mr. Canario, to receive and place on file. All voted in favor of the motion. NEW BUSINESS NB 1 Request Discussion & Information re Establishment of a Municipal Court A motion by Mr. Hamilton, seconded by Mr. Seveney, to have the Town Administrator, the Town Clerk, the Police Chief and the Town Solicitor look into what the costs would be and the actual structure of setting up a municipal court here in Town for the Council Meeting of January 11 th. All voted in favor of the motion. NB 2 Melville Park Committee Membership-Notice of Inactive Members (5) A motion by Mr. Seveney, seconded by Mr. Little, to accept this letter as the letter of resignation for Mr. Conti, Mr. Love, Mrs. Bryant, Mr. Liptak, and Mr. McRoy after the Town Clerk sends letters to those members stating that unless we hear from them otherwise, their membership will be ended. All voted in favor of the motion. NB 3 Request to Increase Glen Park Use Fees/Glen Park Working Committee A motion by Mr. Seveney, seconded by Mr. Little, to approve the request to increase Glen Park use fees. All voted in favor of the motion.

9 Page 9 Glen Park Fee Schedule No. of Persons Fee C/D Deposit Up to 50 $ 75 $100 Up to 75 $100 $150 Up to 100 $200 $200 Up to 150 $300 $200 Up to 200 $350 $200 Up to 250 $400 $250 Up to 300 $500 $250 Up to 400 $600 $300 Up to 500 $700 $300 Up to 600 $800 $350 Up to 700 $900 $350 Over 700 A charge of $100 per every additional 100 persons will be added Present Event Categories Category A: This Category includes community group events (e.g. Girl Scouts) for which no fee is required. A damage/cleaning fee may be required. Category B: This Category includes private picnics/reunions, dinners, fairs and/or exhibitions, animal and automobile shows. Fees for this Category are based upon the number of persons using the Park. (Fee Schedule) Category C: This Category includes company events ($150 Minimum fee required) Category D: This Category includes sport clinics other than non-profit and weddings and receptions. ($150 Minimum fee required) NB 4 Request Permission to Seek Manpower Grant/Fire Dept. A motion by Mr. Seveney, seconded by Mr. Hamilton, for the Council President to write a letter directing the Fire Chief to do this with a commitment for two additional firefighters with the caveat that if two is not acceptable because of the NFDA Standards situation but we are allowed to replace the one person we lost through attrition that we also be allowed to go for that one person. The motion carried 4-2 with Ms. Gleason and Mr. Little opposed. NB 5 Petition of National Grid & Verizon for Joint or Identical Pole Location, Raphael Avenue, Prudence Island A motion by Mr. Canario, seconded by Mr. Seveney, to approve. All voted in favor of the motion.

10 Page 10 NB 6 - Tax Vouchers # # A motion by Mr. Canario, seconded by MR. Seveney, to approve Tax Vouchers # # All voted in favor of the motion. President McIntyre requested that Correspondence 5 be placed on the next Town Council Meetings agenda as New Business 1. A motion by Mr. Canario, seconded by Mr. Seveney, to place Correspondence 5 on the next Town Council meeting agenda s New Business 1. All voted in favor of the motion. CORRESPONDENCE 1. Thank you, Resolution of Property Tax Field Card Issues L.St.Laurent/ K.Hamilton Annual Report, Bristol Ferry Town Common Com. E.Smith,Jr. 3. Notice/Request to Commence Negotiations/IBPO Local 302 M.C.Arnold 4. Project Lifesaver Program/Fire Dept. J.P.Lynch 5. Request for Support in Opposing House Bill 5931 and J.M.Fecteau Senate Bill 606 which would reduce the Rhode Island Foreclosure period/town of Glocester A motion by Mr. Little, seconded by Mr. Hamilton, to receive and place on file Correspondence #1-4. All voted in favor of the motion. FUTURE MEETINGS Dec. 2-7:00 p.m. Public Hearing, Wastewater Facilities Plan, Portsmouth Middle School, Jepson Lane Dec. 14-7:00 p.m. Town Council Meeting A motion by Mr. Little, seconded by Mr. Seveney, to adjourn. All voted in favor of the motion. ADJOURN TIME: 9:20 p.m. Kathleen Viera Beaudoin, Town Clerk