PORTSMOUTH TOWN COUNCIL MEETING FEBRUARY 9, 2015 MINUTES. 6:30 PM Town Council Chambers, Town Hall, 2200 East Main Road

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1 PORTSMOUTH TOWN COUNCIL MEETING FEBRUARY 9, 2015 MINUTES 6:30 PM Town Council Chambers, Town Hall, 2200 East Main Road MEMBERS PRESENT: Keith E. Hamilton, James A. Seveney, Michael A. Buddemeyer, David M. Gleason, Elizabeth A. Pedro, Joseph W. Robicheau, and Kevin M. Aguiar EXECUTIVE SESSION #1 1. RIGL (a)(5): Discussion and/or Considerations of Acquisition or Lease of Real Property for Public Purposes, or the Disposition of Publicly Held Property where Advanced Public Information Would be Detrimental to the Public Interest (fr. 1/29/15 mtg.) Navy Land/BRAC Process/ Portsmouth Redevelopment Agency and Related Issues A motion by Mr. Seveney, seconded by Mr. Aguiar, to go into Executive Session under RIGL (a)(5). All voted in favor of the motion. TIME: 6:30 p.m. TIME: 7:00 p.m. Return to open session. PLEDGE OF ALLEGIANCE A moment of silence for our men and women around the world in harm s way. SITTING AS THE PORTSMOUTH TOWN COUNCIL CONSENT AGENDA - None SITTING AS THE BOARD OF LICENSE COMMISSIONERS 1. Public Hearing - Liquor License Application Class BV Liquor License: R and M 506, LLC, d/b/a The Beachcomber, 506 Park Avenue Attorney Cort Chappell, representing R and M 506 LLC, Michael and Robin Richard, stated the owner s intentions were to transform the inside of the building into a restaurant that serves liquor. Mr. Chappell stated that he wants it on the record that there will be no music to be played outside or outside speakers. A TIPS class is scheduled for the first half of March. Should they wish to have a single person or duo with acoustics perform, they will get approval from the Police Department before they play and if there is a problem he assumes that getting a second approval would be much more difficult.

2 Page 2 of 8 Police Chief Lee stated that he had spoken with the Easton Police Chief regarding the owner s restaurant in Easton and was told there were no complaints. Chief Lee requested the Council place a one year condition on the license that any live entertainment come before the Police for approval. Ms. Pedro addressed concerns regarding motorcycle noise when customers departed the business and the complaints that has drawn. Mr. Chappell stated that the license issuance is also subject to receiving Dept. of Health approval and permits from the State of Rhode Island and the Town of Portsmouth. A motion by Mr. Seveney, seconded by Mr. Buddemeyer, to approve the license with the contingency requested by Chief Lee and all other required approvals. All voted in favor of the motion. A motion by Ms. Pedro, seconded by Mr. Seveney, to close the public hearing. All voted in favor of the motion. 2. Victualler License R and M 506, LLC, d/b/a The Beachcomber, 506 Park Avenue A motion by Mr. Seveney, seconded by Ms. Pedro, to approve. All voted in favor of the motion. 3. Amusement Games License R and M 506, LLC, d/b/a The Beachcomber, 506 Park Avenue (4 games) A motion by Ms. Pedro, seconded by Mr. Seveney, to approve. All voted in favor of the motion. 4. Entertainment License RI Rugby Football Foundation - Collegiate Rugby Tournament, Gardner Seveney Sports Complex, April 18-19, 2015, 7:00 AM-7:00 PM A motion by Mr. Gleason, seconded by Mr. Seveney, to approve. All voted in favor of the motion. A motion by Mr. Seveney, seconded by Ms. Pedro, to adjourn as a Board of License Commissioners. All voted in favor of the motion. ADJOURN

3 Page 3 of 8 Mr. Seveney stated that in the future he would like to see a percentage of the take as part of the rental fee for the fields. PRESIDENT'S EXECUTIVE SUMMARY President Hamilton expressed the Council s thanks to the Police, Fire and Public Works for their efforts during the snow emergency. He also asked for the town residents patience in keeping cars off the road when it is snowing. MINUTES 1. TCM 1/07/15 (fr. 1/29/15 mtg.) A motion by Mr. Robicheau, seconded by Mr. Seveney, to approve. The motion carried 5-0 with Ms. Pedro and Mr. Hamilton abstained. 2. TCM 1/29/15 and Exec. A motion by Mr. Seveney, seconded by Mr. Robicheau, to approve. All voted in favor of the motion. 3. TCM 1/31/15 A motion by Mr. Seveney, seconded by Mr. Robicheau, to approve. The motion carried 6-0 with Mr. Buddemeyer abstained. BILLS A motion by Mr. Robicheau, seconded by Mr. Gleason, to pay all just and due bills in the amount of $98, All voted in favor of the motion. TAX VOUCHERS None TOWN ADMINISTRATOR'S REPORT - None APPOINTMENTS AND RESIGNATIONS 1. Resignation a. Economic Development Committee A. V. Kelly A motion by Mr. Seveney, seconded by Mr. Robicheau, to accept the resignation of Andrew Kelly with regret. All voted in favor of the motion.

4 Page 4 of 8 2. Appointment a. Juvenile Hearing Board (Re-appt.) N. M. Smith A motion by Mr. Seveney, seconded by Mr. Robicheau, to reappoint Nanci Smith. All voted in favor of the motion. OLD BUSINESS OB 1- Legislative Agenda Discussion with Portsmouth Legislative Delegation (fr. 1/29/15 mtg.)/ The Town Council and School Committee suggested actions Portsmouth would like considered for action by our General Assembly Delegation. Senator Christopher Ottiano, Representative John Edwards, Representative Dennis Canario, and Representative Daniel Reilly reviewed the lists of requests and spoke on the feasibility of them coming to fruition. a. A permanent block on Sakonnet Bridge tolls Legislators cannot bar any future delegation from acting on something. b. Repeal of School Surplus law that forbids schools from returning any excess to the town As this is a statewide issue, not just affecting Portsmouth, they would have to craft a complex legislation that affects all 36 school districts and many schools do not want this. c. Possibility of local tax on compassion center This could possibly be done by enabling legislation. d. Removal of red tape and road blocks to small businesses to get started in RI to help grow jobs and economy Rep. Canario has presented a bill to study this and asked Council to support his bill. e. Sales tax reductions or even phase out The state would have to find something to replace that money $960 Million to One Billion. f. Repeal of binding arbitration laws This would allow Police and Fire to go on strike. g. Expedited funding of health and safety upgrade reimbursements for school building upgrades The moratorium expires in May and we have to see what the Governor is planning. h. Removal of income tax on Social Security Legislation has been submitted and the Council was asked to support this bill. i. Income tax exemption or statewide stabilization plan to help encourage businesses locating in RI They are looking into LLCs and other businesses that can t get benefits of enterprise zones.

5 Page 5 of 8 j. Update on Burma Road transfer and utility from Navy to State or Towns Nobody seems to know why this is at a standstill. k. Increase in the property tax exemptions for veterans and seniors Legislation has been submitted to form a commission to study this possibility and the Council was asked to support this bill. l. Re-establishing funding for DARE and drug prevention programs from the State This will be looked into. m. Mr. Robicheau asked about two voter referendums from 2004 that were left in committee 1. Any collective bargaining agreement by the School Dept. must be approved by the Town Council and 2. Town Sergeant position being removed from the Charter. (Solicitor Gavin has already given an opinion that this doesn t need legislative approval.) n. Ms. Pedro asked for legislation to give municipalities the ability to opt out of program Rhode Map RI Legislation is being introduced this week. o. Ms. Pedro asked about tort reform as Rhode Island charges 12% per year interest from the time the incident happened possibly a statutory interest bill. School Committee member Emily Copeland presented the following list: a. Group home aid. b. Housing Aid RISSA. c. Pre-K funding to all based on need not certain groups based on population numbers. d. We request that support not be given to any future bills giving teacher unions the right to binding arbitration for teacher contracts. e. Revisit the funding formula. f. Substance abuse prevention funding. g. Oppose any school security bill that comes to us as an unfunded mandate. h. Opposition to a statewide teachers contract. i. Review open meeting law to allow elected officials to use of Skype - or electronic conferencing to participate in discussion at meetings, but not voting privileges. President Hamilton invited the delegation to participate as a dodge ball team in next January s Project Purple fund raiser.

6 Page 6 of 8 OB 2 - Discussion/Action - Next Steps and Timeline of the Town Administrator s Search/ Alan Gould, Municipal Resources, Inc. President Hamilton stated that due to the weather conditions, Mr. Gould could not attend. Mr. Gould is expected at the Council meeting of March 9th. President Hamilton stated that the Council will be involved in all decisions; that the Town Administrator should stay uninvolved in the interview process; and he asked the Council s opinion on whether a newspaper ad (in the Boston Globe) would be adequate as it is a major outlet. A motion by Ms. Pedro, seconded by Mr. Seveney, to utilize the Boston Globe and for the Council President to check to see if it would be possible for MRI to advertise in the Providence Journal if it is at no extra cost to the Town. All voted in favor of the motion. President Hamilton asked each Council member to provide a phone number, date and time when they would be available individually to speak with MRI, and to choose a citizen for the panel to interview candidates. The suggested time line is as follows: The following schedule represents the timeline MRI would like to meet in this recruitment and selection process. As you will see, the approximate 30 day run time for resume submission is the longest period of time over which we have no control. During this period resumes are being received, acknowledged, and scored, while we are gathering information that will help us to narrow the field and develop essay questions. Once the resumes have been scored things will move along pretty quickly. 2/05/15 All advertisements are live 3/06/15 Deadline for submittals Week of 3/09/15 Review of resumes by MRI team. First cut made and essays distributed to remaining candidates 3/22/15 Essays due Weeks of 3/23/15 & Essay review by MRI team. Preliminary background work 3/30/15 Week of 4/06/15 MRI telephone interviews with remaining candidates Week of 4/27/15 Ready for onsite interviews Since there is little room for compression of this schedule, any delays will need to be added to the end of the process. Although the Council could make its final decision and a conditional offer by May 1, the background investigation will likely take about two weeks. During that two week period, the Town should be negotiating a contract with the finalist. We normally expect a two to four week delay between the signing of a final contract and the start date of the chosen candidate, since he or she likely has a contractual obligation to a current employer.

7 Page 7 of 8 In our experience, if a process runs significantly longer than the 3 months outlined in this schedule, desirable candidates may withdraw for other employment opportunities. OB 3 - Discussion/Action - Portsmouth Redevelopment Agency (fr. 1/29/15 mtg.) President Hamilton announced that there was an Executive Session held prior to this meeting, on the options going forward for the PRA and whatever agency will be the Local Redevelopment Agency (LRA). No votes were taken. Solicitor Gavin stated that Rhode Island General Law requirements need to be met before he can provide a letter to the Navy. It is common for a town to be recognized as the LRA and the PRA to be the advisory group. He would have to look into the repercussions of appointing the PRA to be the agent for the town. He said the Town needs consultants and expertise in BRACC. President Hamilton will contact Rich Tengas to see what needs to be done. OB 4 - Discussion/Action Paving Invoices/Procurement (fr. 1/12/15 mtg.)/ J. Lathrop A motion by Mr. Seveney, seconded by Mr. Robicheau, to authorize payment of the paving invoices. All voted in favor of the motion. NEW BUSINESS NB 1 - Request Permission to Include Dog Park Information in the Dog License Mailing/ Chairman Caroline (Bunny) Miller announced that $2,000 has already been donated. A motion by Mr. Seveney, seconded by Ms. Pedro, to approve (including Dog Park info in the Dog License mailing). All voted in favor of the motion. NB 2 - Discussion/Action Appointment of Part-Time Recreation Director/ J. Lathrop A motion by Mr. Seveney, seconded by Mr. Buddemeyer, to approve the appointment of Robert Campion. All voted in favor of the motion. NB 3 - Request Approval of Regional Animal Shelter Agreement/ J. Lathrop A motion by Mr. Seveney, seconded by Mr. Buddemeyer, to approve. All voted in favor of the motion. CORRESPONDENCE 1. Letter Introducing Rhode Island Mineral Hunters (a Non-Profit Org.)/S. Emma, RIMH Pres. A motion by Mr. Seveney, seconded by Mr. Robicheau, to receive and place on file. All voted in

8 Page 8 of 8 favor of the motion. FUTURE MEETINGS Feb. 18 7:00 PM Pay as You Throw Workshop with Solid Waste/Recycling Committee Feb. 23 7:00 PM Town Council Meeting Mar. 9 7:00 PM Town Council Meeting EXECUTIVE SESSION #2 1. Update/Review of Legal Matters Pursuant to RIGL (a) (2) Collective Bargaining and/or Litigation/ K. Gavin a. DEM/Melville Dam NOV b. RI Nurseries The Executive Session was postponed to February 23rd. A motion by Ms. Pedro, seconded by Mr. Seveney, to adjourn. All voted in favor of the motion. ADJOURN TIME: 9:14 p.m. Joanne M. Mower Town Clerk