Town Council - Regular Meeting

If you'd all please rise and join me in the pledge of allegiance and a moment in silence for our men and women in harm's way. Pledge of allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you everyone.

Couple of new faces in the crowd. So emergency act evacuation plan. If there is an emergency, we would exit the building either through the door you came the door behind your left shoulder in the back corner or the door behind Mr. Reese. Although I don't think he can get out that one. I'm not sure that's been cleaned out yet. So, uh I Yeah, I I I think we'd be going out those two doors. Um so, and then we'd head across the street to the uh school department and wait for further instructions, but hopefully we won't need that this evening. Uh prior

Mr. Gleason here. Miss Blank here. Miss McDow here. Miss Patton here. Mr. Pierro here. Mr. Reese here. Mr. Hamilton here. Thank you very much. Prior to the meeting, we had a discussion uh regarding litigation under Rhode Island general law 42465A2. Uh there was one vote taken and the vote was 720. Next up we have our consent agenda. Do we have a motion to approve as presented? Motion to receive and place on file. Second. All those in favor. Approve as presented. Approve as presented. Second. All those in favor?

I oppose. Motion passes seven to zero. Next, we have minutes from our previous meeting on December 9th, excuse me, February 9th. Stuckle one before the two. Mr. President, I have one uh change in there. Um I will make a motion to approve the minutes and the exact minutes with a change and it's we are missing page 14 in the um sahadi uh document the audit missing or the correction of

the correction of that page. Excuse me. Yes. And if we could just have the page inserted as opposed to somebody trying to proofread the new version sent to us to see if there's I don't know if there's any other changes. That was the only one I had noted. Okay. Second. Any other questions or concerns on the minutes? All right. All those in favor? I posted motion passes 7 to zero. And we have the mission meetings for the executive session. Excuse me. Minutes for the executive session as well. Motion to approve. Second. All those in favor? I opposed.

Motion passes seven to zero. Mr. Rainer, town administrator's report. Sir. Good evening, Mr. President, Town Council, ladies and gentlemen, uh due to the storm, the bid response due date for the auditing services for the town uh RFP has been extended to Monday, uh March 2nd. Bids will be due by noon and will be opened at 12:30 here in town hall. Uh we will start a second review of town department budgets over the next two weeks. The school committee held its first budget meeting on February 10th. The second meeting was scheduled this week and of course was canceled due to the storm. Uh their next meeting uh will be on March 10th. Overall the process is on schedule and we plan to distribute the proposed budget on March 27th. I've been approached by representatives or of an organization called cities for cities uh which facilitates professional partnerships between US municipalities and municipalities in Ukraine for the purposes of sharing best practices in local governance. emergency response and community resilience. At this point, this is simply an introductory conversation and there's no proposed agreement, no financial commitment, and no policy role associated with it. My intent is to stay engaged at anformational level and I'll keep the council advised should anything more formal ever be presented for your consideration. on Friday, March 6th from 11:00 a.m. to uh 1:00 p.m. Uh the original Portsouth compact of 1638 will be here in town hall on display. As you know, the compact is the document that established our community and is widely recognized as one of the earliest examples of self-governance in what would become the United States. Uh we are also expecting the Rhode Island Secretary of State to attend. The Rhode Island League of Cities and Towns annual convention is coming up. That will be Thursday, March 19th. There will be several several training

workshops on municipal issues. And it is probably the best opportunity all year to connect with colleagues uh from other communities and with state agencies and vendors uh we work with on a regular basis. Uh registration is open now. So, if any council members are interested in attending, just let me know and I'll let you know how to do that. Additionally, I'd just like to state that we appreciate everybody in town. Uh we appreciate their patience and support as we complete storm recovery operations. All roads uh are uh as of this meeting uh passable town. Uh tomorrow uh public works will focus on snow removal to ensure road lanes are widened. From there the department will focus on sidewalks. Our priority will be areas near the schools first out of an abundance of caution for the safety of students and the buses. Schools will be virtual tomorrow and Friday. The transfer station uh was open today and will resume its normal weekly uh schedule tomorrow. Uh curbside collection will be one day delayed for Thursday and Friday routes. So in other words, Thursday uh the Thursday route will be collected on Friday and the Friday route will be collected on Saturday. The Monday through Wednesday routes will resume uh as normal next week. And then lastly, uh I would just like to take a moment to recognize the passing of our town historian, Jim Garmin. Uh Jim was one of those people who quietly made an enormous difference in this community. His knowledge of Porsche's history was unmatched, but more importantly, he cared deeply about preserving it and sharing it with the rest of us. He was a valued partner to the town, a tremendous resource to our boards and volunteers, and a true gentleman. On behalf of the administration, I want to extend our sincere condolences to Jim's family, and to everyone in the historical community who works so closely with him. I know he will be greatly missed.

Thank you, Mr. Rainer. He certainly will. He was a great man. Mr. President, if I could just mention, thank you for mentioning about Mr. Garmin. Uh it this will be the first March 6 ceremony in my memory that he won't be in attendance. Uh so it is a sad sad day for him passing. All righty. Next up, we have uh appointments and res resignations and appointments. First one up, we have a reappointment for the conservation comm. Uh motion is to reappoint Jane Ree to the conservation commission. Yeah. Was it Jeff? Okay. I'm sorry. Jeff Reese. Sorry. Second. All those I'm off tonight. Sorry.

That's all right. It's just we all have snow brain. It's all snowbrain. Almost. All those in favor? I opposed. Motion passes seven to zero. Next, we have a planning board. We have one vacancy. We had three applicants. Mr. Mik has re uh rescended his application as of this morning at 10:00. So we have Mr. Rigo and Mr. Not nominate. I'd like to nominate Mr. Rigo. Put your mic on, Dave. Uh push it in. Push your mic. Push your microphone. Push the whole mic.

Now turn it back on again. The light is off. Lights off. This is

Anyway, I want to nominate Mr. Rigo. Second. We'll figure it out. So, are we going to have the candidates interview them first before nomination? I thought we talked about I know we don't have a policy, but I thought we talked about that at the last meeting. We can, but we have Mr. Rigo here. We don't have Mr. Not is not here. So if you'd like to interview Mr. Rigo, you can. Sure. Yep. Is he online? Is Mr. Not going was he notified that? Yeah. Yes. Yeah. Okay. Everyone notified. Uh he is not online.

Sure. I I'd like to hear from Mr. Rigo, please. evening 40 Jesse Drive, Portal. Yes, ma'am. So, I I just want to know why you're interested in the position. I know we have uh your application and such, but

we are trying to become a little bit uh more formal going forward uh with the with certain committees. So, I guess I'd like to hear from you why you're interested, what you think your qualifications are, and what you can bring to the committee.

Okay. I'm interested uh for the exact reasons as you said. I believe there needs to be more transparency in the planning in the planning board. Uh more sharing, discussion of information, a better review of the projects, um deeper looking to as far as speaking to the people that have concerns in the area of the projects. um actually going out and walking the properties and making sure that everything works for the town and what we're what our future looks like. Um as far as uh background experience, I've spent majority of my life working for Marat Corporation. The last nine years was as a vice president of development for the East Coast. Um, I've built dozens of hotels, uh, condo condominium complexes, uh, affordable housing units, multif family restaurants, freestanding buildings, you name it, and I've done it. I've been to, uh, numerous, uh, uh, planning meetings, planning boards, had to appear in court several times for Marriott to speak as a witness. Um, the majority of my I hold the contractor's license in the state of Rhode Island. I also held one in Florida for quite some time. I hold real estate licenses in Rhode Island and Florida. um my background in business as far as uh accounting and um uh just business overall planning uh planning these developments that I had to from soup to nuts from beginning to end from conceptual design architectural um I've done every type of study and zoning there is um topographics environmental phase ones phase 2s [clears throat] department of environmental management um I've worked at the army core of engineers several times throughout my career. Uh built marinas um which from scratch a marina if anybody's been in that industry is very very difficult

involves a lot of um uh not only environmental but geological um location wildlife effects and so forth. Um I I have extensive knowledge of this town um every end of it. My family's been here for six generations. um since 1872. So I know I've watched the processes I've watched these neighborhoods develop. Um I've watched of late some of the projects that have gone into place which um in personal opinion they should have been vetted much more and uh much more diligent due diligence should have been done before they were approved. um the new laws, the new set of uh ordinances that have come down from the state. Um I have a very good understanding, solid understanding of the legal ramifications of these laws. Um I know the law I've sat with attorneys for hours in planning sessions. Um, I have a good gr solid grasp of what goes on in Rhode Island and um, I mean other than that I uh have a lot of care and concern for what's happening here and and I believe that the planning board uh has probably one of the most uh, financial impacts on the town in their decisions and what they do um, and how we proceed forward with certain developments. Uh you we we're getting crowded. We've watched it from years ago. People will remember that Portsmouth was always meant to be a residential support for Newport or the bigger part of the island where the businesses are. We were always to remain residential. That that business and that that density has merged itself into Middletown. Middletown is now up in arms. They're in a big problem with a lot of these things. And now it's kind of creeping towards Portsmouth. And I think we need to take a serious look at

how the effects are going to be about density in this town. Can our traffic hold this amount of this amount of addition of density? some of the traffic studies that I've seen um I just I don't think they're very accurate or they were not done at accurate times to be appropriate to know what goes on on East Main Road and West Main Road from 6:00 to 10:00 in the morning and from 3:00 to 7:00 in the afternoon. So, it's it's quite a mess at times and I don't think our residents should have to bear any additional of that by adding unnecessary housing. um the project that's going on at the senior center. Um I have uh several opinions about too much to share right now but uh that was uh I believe what took place there needs to be looked into further and I also believe that the other large developments that are being proposed for the affordable housing so to speak uh should be looked at a little deeper as well as the translation of the meaning of affordable housing um because my opinion it's a very loose term right now. Uh because if you look at retail around the island and what some of these affordable housing units are being sold for retail, there's not much of a difference. I mean, affordable housing is meant to be substantially lower so lower income working class can afford to have a home as opposed to renting. And um I think that limit has been stretched a little bit too far. and uh to make sure that what we have here in our infrastructure is going to is going to substantiate is going to be able to service all these new all these new construction projects properly. So I believe we're we need to look seriously at the direction that we're headed.

Okay. Thank you. So, what do you think um your biggest or the biggest challenge will be um for the planning board for you on the planning board? digging more into the facts. Um the discussions I've had over the last couple of days, uh certain things are not looked at, I don't believe, close enough to see the connections. Um, in development, a biggest part of the the people that get the most uh have the most uh advantages out of development are the vendors. And I believe that the vendors need to be more closely looked at who are being awarded contracts. You may have a developer that's one individual or one entity, but we don't know. We we we have to look more deeply into where that entity is going to spread the wealth because I believe that some of that is rolling back to the planning board and it needs to be completely unbiased. It needs to be something that is going to be for the best interest of the community and the people here and our future and how we develop. Some of these developers come here, they're building these big projects, they don't have to deal with the repercussions of the future. They come, they build, they make their money, and they take off and they're somewhere else on to the next project. They don't have to live in it. And I believe that needs to be properly represented by somebody who's a board that's going to stand up and say something and ask the proper questions and say no when they have to and not just go along because everybody's voting the same way. So, there's been some of that. I've seen it. Um, I've sat and listened to it. uh the direction from the council and the

direction of how the planning board should run needs to be more solidly enforced. I believe um there's too much autonomy in uh some of the areas and I've experienced it myself firsthand when I went through um last September. Um, I sat up here and pointed out some things that were uh that were I believe valid comments and uh I was told that that didn't matter, you know, um that as long as it met DEM code that it was okay and it should go forward and by by an individual who actually made the statement in the meeting that he had never seen the property and doesn't go down that end of town, which I find very scary to hear from a board member on the planning board. So, that's some of the things that I want to change.

We do have a motion. We have a second. Is that what we have? You have a nomination. We have a nomination. What? But you're finished with your question. I'm with my questions to him. Yes. Miss Mike, would you like to ask a question? You're all set now. Yes. I'm all set with my questions, sir. Um, in your opinion, um, when would growth or additional housing in town be acceptable?

I think we need to take a a strong look at what we already have. And there are some there are some projects here that I believe that have supposed to started their affordable housing and they haven't begun yet. Um and there the majority of the project is more than halfway done and that not even I believe maybe one unit has been built. Um I think we need to look at the density of how it's going to affect our traffic flow. We've got a serious traffic problem in this town. A real serious traffic problem at peak times and it's impossible and becomes dangerous for our own residents to pull in and out of businesses. I see it every day in front of my store. People are trying to pull out and they can't. and they have to wait five 10 minutes just to get out and the lines the lights and you know that that just uh it puts a big hindrance on the community and it puts a lot of wear and tear. I think that um once we look at and and I I saw uh Councilman Gleason's um proposal and I strongly agree with that. We need to take a look at the state's map and we need to look at our own make our own decisions and then forward that to the state for their final approval as long as it fits within their plan. But I believe what they're trying to push I I don't think it's possible some of the numbers that how could we have retained I believe it was mentioned 2,000 houses or or uh that 2,000 more units we would need to build to beat the percentage they're requiring. That's a considerable amount. It's way too much. I don't think the town can can handle that kind of immediate impact of density. So, in response to when would growth or additional housing in town be acceptable, it it sounds like right now your opinion is a a pause.

A pause. A pause and take a look and evaluate what we have and see when we have everything that is built or is going to be built that's been approved already. We need to take a look at how that's going to affect before we continue to approve more. I mean, we're we're stamping these development projects and they're just going through and you know, it's all this addition is going to come at once. It needs to be time. our our re our facilities, our facility management, our department of public works. We need to be able to manage all this stuff as it's growing and we're just going to put a bunch of houses in and the real estate agents are going to sell them very quickly and then we're going to have this huge influx of population that are we ready to handle that? I don't believe we are fully. I don't want to see I don't want to see the town end up with egg on its face because we built too much too fast. You know, I've been in a situation on the developer side when we built a lot real fast and then all of a sudden we got a bunch of empty units, we can't sell them, then the money runs out, then you got an abandoned development project. You know, when I hear discussion being discussed for Sunny Acres, I mean, wow, that's a lot to add in in at one shot and a lot to sell very quickly. You know,

um, earlier you had alluded to additional vetting that you felt should have happened. Um, can you expand on that? Sorry, vetting of

uh, you said that additional vetting of projects and things that were already happening. Yes. Well, the senior center, I mean, there's been there's been a number of problems that have happened that that have a number of walls and conflicts that people have run into, and now you have a situation. I mean, I I don't understand how the town could grant someone a property and uh basically give it to them and they're going to walk away with a with a healthy profit there. And we're losing something that was you know we have a space there from my understanding that has uh but a memo has a memo of understanding or been completed yet for the use of that uh and you know in the senior center how we have a bunch of members from the senior center that you know are they going to have a place to go. It's yet to be determined.

That is not yet to be determined. It has been determined. There is a memorandum of agreement. Okay. It is the senior center. Mhm. There will be a building there. Mhm. Still own the land. Okay. I also want to caution you about going down. You've you've made you've implied a few accusations of planning board members. Mhm. Taking bribes essentially is what I inferred from what you said. I've never spoken those words. You did. You did say those words.

Taking bribes. If you take the words that you use in terms of contractors getting projects and that coming back to the planning board members that heard by me as a as they're taking paybacks or kickbacks or bribes, whatever you want to say, never use those words, but there is but that's okay. I did not use the words that they were taking kickbacks or there was anything any kind of [clears throat] any kind of uh any kind of compensation coming. But I bet that there are members that own that know members of the planning board and they're involved because there were vendors who are flowing things back to the planning board. I will go back to the tape and look it up. Please do because I didn't say that.

One more. Also, I just want to make one more clarification. The planning board is a solely operating body based on state law, not by the council. Understood. So if there are issues with the planning board, it goes back to state law. It does not come to the council. All we do is appoint uh folks to work on the on the planning board. So their charter comes from state law, not the town charter.

Miss, um thank you. Um collaboration on the board I feel is critical uh for success of our town. Um it is a board of volunteers who are putting their time in. Um how do you feel you'll work in that collaborative environment?

I make my own schedule. I have more than enough time. I will spend time walking the properties. I will be physically available for anyone when they want to discuss anything. I'm centrally located right in the middle of the town. And outside of that, running the business, I don't have a work. I don't have a full-time job during the day. So, I have more than enough time in order to research, review, talk to people. How about working with people who have difference of opinions?

Absolutely. I've done that my whole career. I've had to work with people with differences of opinion. There's many of it in the corporate world as well as working in public entities. I've sat on several boards um throughout different states and at different at different levels uh advisory boards. Um tourist development council. I was appointed by the governor of Florida is in $174 million a year budget. Um that was an appointment by the governor himself. So managing a budget though and and showing collaborative that's the part I was looking for.

I understand well managing with the co you mean the controversy and collaborating with other people that have different opinions. It's part of it's part of the world. I mean it's part of the job. It's part of public service. Thank you. Thank you Mr. President. Uh just a question when you come going back to your statement about a pause does that also apply to single about what single dwellings single home dwellings

single home dwellings I mean there are I've seen several neighborhoods develop over the years here um there's I think single single family residences growth at a what's the best word to use a deliberate rate knowing what we're getting into knowing that, you know, do we want to open up a whole neighborhood that's going to add 15 or 20 residential homes? Is that makes sense? Where is it going? Uh, you know, I have no objection to single family residence because that's what, like I said, that's what the town has always been geared towards. Um, no, uh, very few, no big box stores. Um, no, you know, no, uh, apartment building type of residences outside of the Bayside that are, you know, large and and, uh, that, uh, are multi- hundreds of units, I would say.

And the other question I have is, do you see the role of the board to supplement that of the planning office? Um, just because I hear you have said it on multiple occasions this evening that your job is or you see being a member of this board going out reviewing projects and things that are in front of the board as they're in development phases. Um, do you see that as a part of your role?

Absolutely. if if it's if something has been if it's going through review or if it's going through zoning, um by the time it gets to us, those areas should already be vetted. But there should be more discussion and more review of the other effects that are going to take place outside of, you know, how is this going to affect the community? How is this going to affect the people? um that's not really a I don't think that's a so much of a zoning and design issue as it would be a planning board. So yes, having conversation going and talking in meetings as opposed to, you know, not necessarily an interview process, but meetings with these people to know that, you know, we're not dealing with a fly by builder or fly by contractor or developer. Know that what they have is real. They have solid foundations. you'll be able to complete the projects in a timely manner and according to what has been approved on the plan.

Do you believe that that perview in which you're describing right now is what's in statute for the planning board under state law? No, it's more than that. It's it's above the statute, I believe. So, it's outside of the purview. Outside of the purview of the statute. Thank you. I believe that's where the extra you need that extra effort needs to be taken. I don't think it should be a rubber stamp situation just based on what's in the statute. Mr. Gleason, Mr. Riggle, would you be willing to take additional education as proposed by the uh planning?

Absolutely. Most of the a lot of the courses that they discussed I've done online already as a part of my contractor continuing education. So that's not a problem for me at all. Anybody else? I I don't have any more questions, but I just have some before we vote. I just wanted to say a few words. Whitney. Yeah, you can sit down. Yes. Thank you.

Thank you. So I just wanted to state that I I am a little disappointed in the way this appointment process has evolved. We had a resignation that was accepted on January 12th. Two individ individuals submitted their applications on 112 and 115 respectively. Towards the end of January, applicants were told that the town wanted to continue to advertise to broaden the pool. The last of which was recruited. Um the we got three application. and the last of which was recruited. It saddens me that the last position that this board filled on the planning board seemed to run smoothly and quickly if I remember. Um maybe people aren't weren't convinced that it was the best process. Maybe maybe we should have um had more applicants or something. But anyways, it seemed to run very smoothly and quickly. The applicant that I supported and I might say encouraged because of his extensive knowledge of planning and zoning sadly removed his application today. Why? Because he felt that if a man such as Mr. Knot has applied being a former chair of the zoning board and a member for 24 years and as importantly was given the Portsmith award for his service to our community. Then my candidate said that he felt he deserved it or my the person that I was supporting that he deserved it more than he did. I guess that's what integrity looks like. While I commend and honor Mr. Not for his past dedication and service to our town, I cannot cast my vote for him. Mr. not submitted his application on 29th to a three weeks after the other two and the word is that he was recruited and convinced to come back. Why? That is the question I wrestle with. I wish I could

be casting my vote for Mr. Malik tonight, but instead I will be casting it for Mr. Ego. I believe Mr. not has served us well and honorably for 24 years, but I guess I feel that we should give someone else a chance to give back to their community. Thank you. Thank you, Miss McDow. Are there any other nominations? Hearing none, there's a uh nomination of Mr. Rigo to be appointed to the planning board. All those in favor? I I

I opposed. Nay. Motion passes four to three. Next up, we have an appointment to Sorry, I missed that. Uh, solid waste recycling committee for Mr. Roberts. Motion to appoint Peter Roberts to the solid waste recycling committee. Second. All those in favor? I opposed. Motion passes seven to zero. Next up, we have old business number one, which is uh our continuation of legislative priorities and uh approvals of resolutions. Uh, Mr. Gleason, has I'll ask everybody. Has everybody had a chance to read through these? Are there any changes or adjustments anybody wants to make? Mr. Gleason, these are both yours.

Well, not both yours, but the resolution was yours. And thank you for uh Justice Cion for doing these resolutions. Uh this one is basically to continue the uh requesting funding for our road restore program which helps our pavement pro uh paving of our roads in town. I hope I hope I'm not Mrs. [laughter] because you're on video right now of rejecting her phone call. Uh he knows enough to call. Yeah, I would I would hope.

So sorry. It's okay. Um, so I I I do know that there may be some bad news with the road restore, but the resolution may help. Um, I think a lot of that money was funded through the opera process. Um, so I don't know if that's going to be there, but hopefully that the state will continue to fund in the budget. Um, and then obviously the public uh voting access infrastructure, we definitely need help with that for Weaver Cove. Sorry, I'm breaking the very rule I talked about earlier, talking sideways to the microphone. And again, this is at the request of our delegates and uh for their benefit for our so great motion to any questions. Anybody else?

To do them one at a time. Motion to approve the resolution regarding the road works road restore program. Second. All those in favor? I oppose. Motion passes seven to zero. And with these is obviously the clerk will send them off to everybody who needs them, right? and other towns. And number two, number two is our uh regarding the public, we call it public boating access. Uh this one pretty much is looking to get continued support or some support I should say for uh Weaver Cove Boat Ramp, which is uh kind of a loss between who owns this thing and who wants to put money into it. Correct.

Yeah. There a second. Second. All those in favor? Mr. Mr. Kassen, question about item B. Question about the boating access. Yeah.

Does this I didn't read this u particular subject. Paul Ken 3241 East Main Road. For the record, does this include access to the Willow Lane public access that town owns? The Willow Lane is not owned by the town. there is public access for residents there. This is more for upgrading and maintaining public infrastructure like Weaver Cove. I I thought when Huck Little was on the town council that we made we made sure that that um Willow Lane would stay public access. It is public access, but it is not part of our infrastructure money to maintain. Okay. Thank you very much.

So, if you have a boat, you can go down there and launch it. Thank you, Mr. President motion and a second. All those in favor? I oppose. Motion passes 7 to zero. Next up, obitious number two, discussion and adoption of the proposed policy for establishing consistent process for appointments to decision making boards, planning, zoning, board of review, and design board of review. Miss Hitchen, you are all dug out in here. Good evening.

Good evening. Thank you for taking the time to allow me to update the memo, prepare um prepare what I felt was a decent uh policy for reappointment of existing board members, appointment of new board members, and should vacancies become available. Has everyone had a chance to read through it? We all got two extra days to do it. Yes. Are there any questions or adjustments to it? Mau,

I just I I sent them to Leah. So, I'm I'm just going to mention first of all, I think it's a great policy and I thank you for for taking the time to do that. I think it'll help with clarity and consistency going forward. um under the reappointment of existing members in section B. Um I would ask that or suggest that the sentence failure to respond with this time frame kind of be given like a a bold put in bolder because I think as it is now it's just people get reappointed and it's going to be a new way of doing things. So just to bring in an attention but it doesn't have to be but that was my suggestion. Uh in section D under reappointment uh change to I would suggest that the town council will conduct interviews for reappointments as well as um new new candidates. So that was mine. Under that section under appointment of new board members under section A, I had um clarify upon recognition of a vacancy. Does this mean when the town clerk receives a resignation or when the town council officially accepts the resignation at a meeting? Should we make it clearer as in a under vacancies? I that's a question that I just asked. Um, and in section C, uh, I would add candidates whose applications are held on file must go through the same prescribed process with new applicants when a vacancy occurs because that candidate, we will take it for granted that that candidate was interviewed pro that first time um, didn't get it. It's held on file. But I

I think it should be clear that they have to also go through the the interview again the process and maybe it is and maybe other people think it is and that's fine but I think it it it would be important for them to know that and under vacancies um this is just a scenario under like a could conceivably have three weeks pass before an advertisement. Is this acceptable to you guys? And if it is, that's fine. But, you know, I put a scenario in and I looked in past things where it could be a really lengthy period of time depending on how it's done. Um, and under general expectations for membership section A, are we going to use the same form that we have or are we going to are we going to do you know? Or did you look at that and say that you were going to do anything? Why don't you go through all your questions and then I'll answer.

Oh, okay. And then um I I would suggest that a a resume be accompany that form. Um and then section C, uh I would like to see the words may request that the town the words may request that the town council review to will request the town council review. That's it. Um, I don't think there's any issue on my behalf with turning a failure to respond to put that into bold. Um, your second one and the town council may um, you want to change it to will. I I don't have any objection to that, but again, you're you're the ones approving the policy. Um, for 2A, appointment of new board members, I'd again um after reading your your comment, I would I would say um strike out upon upon recognition of a vacancy and put upon accepting a resignation by the town council is when the town clerk should advertise the position for two consecutive weeks.

Yeah. Um 2C, you mentioned applications shall remain active for one year and may be considered for subsequent vacancies on the same board and then add candidates whose applications are held on file must go through the same prescribed process with new applicants when a vacancy occurred. Um I think I I intended that uh 3B which says vacancies will be filled by the town council in accordance with this policy was the same. But I again I don't have any objection to adding your additional sentence under 2C. Um you brought up three C. If a member is absent for for three meetings or more in a calendar year, the board chair may you want are asking to change it to um will request that the town council review the members continued interest in serving. Um I purposely treaded lightly on that. I um would touch I just want to touch a point ac across the uh my point is that missing missing meetings from u board members slows down the efficiency of running a meeting. But I would like to think that a specific board planning board chair um has every intention of going to the meetings and maybe something in life came up and I don't want to have that applicant standing up here saying I'm helping my mother fight cancer or I am in the middle of whatever situation. I would think that it would become a conversation between the board chair and that particular applicant as opposed to having to stand up here and tell you why they're not attending three board members, three meetings. That's

my interpretation of that. Um, you asked about Um, are we going to use the same form or can we use a more professional looking one? Um, I I do think that the current form can be a little bit more modernized. Um, there are towns that um have a downloadable paper application and can be submitted. Uh, now we all do work together as different departments, but that department is really maintained by the the town clerk. Um, so I don't want to give her more work, but um, that's I I think it could be have some modernization and potentially be online. Uh, Newport has what they call a talent bank. Um, their application includes if somebody is interested in applying to check off all the boards and commissions that they're interested in. Um maybe that would help the little bank that we create by keeping applicants um on hold if they don't get immediately appointed for a specific board. That's

thank you. I don't know how to other anything else to say other than there there's potential for for the current application to be modernized. Miss

you're all set, Marinator. Yeah. Um in it was 2D or 2B on two B. No, it was neither. It was C on retaining um applicants for one year. Do we say in there that we will reach out? It feels implied, but um where we're keeping them on file um should we add that the town will reach out to candidates on file?

I I think we would do that during the interview process if there was a vacancy. So, if three people are up in front of us and we selected one of the three and it was one vacancy, we would let the other two know that we're going to keep your application on file and if another vacancy comes forward, we would like to reach out to you. I think that's how we would handle it from this end, right? But then when there's the future vacancy just to give them the call to say hey there is a vacancy not that they're we would do think that also be under consideration. Okay. I know it was implied. It just wasn't Mr. Per.

Thank you Mr. President. As I make myself the same height as we had. Uh so I just uh Mary actually liked a lot of your suggestions. That was a lot of the same concerns I had. one that I had was one I I think that we should keep the 1D as may instead of shall just because especially for Joe Schmo has done a phenomenal job on X Y andZ board. Uh it allows for us to be able to expedite his reappointment their reappointment process and not bring more work in front of the clerk or the committee or the council. I mean, the one that I do have a question about, and we've seen this a couple of times over the last year and a half or so, is under two uh a when we put up a position for two consecutive weeks. I think we should also have some language that allows for a deadline on to when that application is going to be presented in front of the council. uh whether let's say and I'm spitballing here let's say uh the position shall be for two consecutive weeks and will be uh with a deadline of the end of the month and then it will be presented at the subsequent meeting and so normally would be let's say in this case February we're not in a leap year uh February 28th with presentation to the council on our next meeting on the 9th. Um just some type of language so that one, it keeps us on track and also allows for the applicant to know when they're going to be in front of the council or being considered in front of the council.

So that [snorts] would be a step that perhaps we would put in an advertisement so people are aware of that. We can yeah they can know it's but at least we'll have it delineated in the process. So we'll put it in two weeks. Two weeks in two weeks protect papers and the deadline will be listed in. Yeah. Okay. The last business day of the month so that we're not getting an obligation on a Saturday or something. Oh, we might could come into mail on Saturday. Well, we'd have until noon uh noon Tuesday. Oh, yeah. Because Yes, because we're we're the ones accepting it. I'm sorry. Another thing I was thinking about was whether or not it's the acceptance of the council of the clerk, but I think the council makes more sense and we're the ones that put it on our agenda.

You have all the madam clerk, did you take all the puts and takes on the adjustments? I'll listen to it again. Yes. Sure. Um Hey, your light works this time.

Yeah, the light came on this time. Um the uh uh 2A I think the discussion that I just witnessed was talking about replacing the language there that says upon receipt of a recognition of a vacancy with upon acceptance of a resignation. I I I would ask the council to consider keeping both in there. U sometimes there a vacancy occurs without a resignation if somebody gets hit by a bus or passes or or or uh is is removed by the council. Uh there's different ways to to have an opening. So, I think if you had language that said upon recognition of a vacancy or acceptance of a resignation, that might cover all eventualities.

Good point. Hopefully none of our members get hit by a bus. Sometimes I wish I got hit by a bus. Can Yes, President, if you don't mind, Gio, spitball with me here on this one. Uh if we say upon the the recognition of a vac of a vacancy since we do put it on our agenda, should we say by the council or the clerk, whichever one is later? Well, I I think we're going to I know I'm just the final we're going to recognize a vacancy. If if god forbid one of our planning board members got hit by a bus, we would obviously recognize that person at that point in time in a vacancy.

Completely agree. My only thing is in the recognition portion of that 2A also triggers a two consecutive week issue. So that's the only thing that makes me like just thinking about timeline. So it should be upon the rec recognition of a vacancy andor acceptance of regulation by the town council. Okay. Yeah. That's that would trigger the twoe timeline. I'm just recognizing to trigger the two. Right. So if it was you have to you the first person has to resign before there's an opening. You can't advertise until there is an opening and the council accepts the resignation. I would agree. But then when we were talking about like clerk or counsel it's not clerk. It's

I know it's Yeah. So just if we just put recognition of by the council and then the clock would start if you could get it in that Thursday paper. Well, that is depends on I know lots of things like 36 inches of snow. Mr. Kess, you have a question. Paul Kesson Paul Kesson 3241 East Main Road. The last question you were talking about um doesn't the bylaws require the chair to u notify you of somebody who can't attend a meeting for whatever reason? Number one,

if there are multiple vacancies, not vacancies, Smith or some or somebody passed if so or somebody passed, we would be notified either way. Yes. Right. But his bylaws should tell you that same bylaws that are on the solid waste committee. Second is I've been part of two charter commissions and this is more through you to are legal on the other side. it. I thought the charter allowed for anybody to apply with no requirements at all, just being willing to give back. And I don't know if these stipulations that are being talked about tonight are against the charter. I don't think so.

Well, I would like to hear from my lawyer that he's reviewed it and we're all in compliance. I I think the president's correct. I didn't see anything in this policy that set a new standard beyond the charter requirements or the state law requirements because when when we selected members process when we selected members for the charter commission we weren't allowed to um uh turn anybody away. But this is specific for it's a commission. We could have turned people away for the charter commission. Would you choose not to? This these these are just specifically for decision-making boards, not all the other advisory committees. So in the charter it states that we have to have a resume for anybody that applies to these currently.

No. Even though they're a state board? No. No. Eight run board charter. No. Okay. Thank you very much. So, madame clerk, madam planner, we both have we we have the changes that we will need be need to make to make this policy effective as amended by this council this evening. Yes. Do I have a motion to to approve as amended by this council this evening?

So moved. You happy with it? That's been okay. Second. All those in favor? I opposed. Motion passes seven to zero. Thank you, Leah. Thank you.

Next up, Miss Marsden, who is online with us this evening with our monthly finance report. You're on, Kayla. She unmute and she's unmuted. You want to do it, Mr. Rainer? I'll do it. We'll we'll give Miss Marson a benefit of the doubt. Um so as of the end of January we're uh seven months or 58.3% through the fiscal year. Uh revenues stand at 56.4%. Uh expenditures are at 56.5%. Uh there are some year-to- date transfers in total about $1.2 million uh covering capital improvements, property revaluation services, comp plan funding, and uh the 2022 uh school bond payments. So, uh, bottom line, uh, we're tracking consistently with this same period, uh, at this point last year. Uh, third quarter tax payments are due on March 1st. Uh, so, uh, we do expect an uptick in revenue. Uh, just to be on the safe side, we are monitoring uh, our expenditures. Uh we have uh frozen discretionary funding, I'm sorry, discretionary spending and we've also frozen uh discretionary overtime. Uh obviously this week was not discretionary.

No, it was not before. I have a motion to receive and place on file. There any questions of Mr. Rain on the finance report? So moved. Second. Obviously our big concern now is the overtime budget for DPW and snowplow, right? Uh extensively with finance uh with the finance director. Uh we're not going to make any moves right now. We'll wait until uh May, beginning of June to true up the accounts and make a recommendation of the council.

Okay. If there are changes to be made in the future, yes. If just I'll use if there was overtime money left in the police department budget and we wanted to move it up to to cover the overtime for snow snow removal we could we would have to do that as a council to move it from department to department you have a question I do questioning 3241 East man road are we over our overtime funding or our our uh snow funding yes and is it you got a projection beyond I'll true up at the end of this week. It's uh these guys have been working non-stop for almost 60 hours.

I see an awful lot of equipment that we don't own also trying to help. That's a great thing that's happening. Yeah, there's been rentals of equipment. There's been volunteer equipment. The EMA, state EMA is looking for equipment. Uh every community in state has got guys from Vermont and Maine and everywhere else in the world, too. It's coming from Montreal. It's coming from Pennsylvania. It's coming from Vermont. Thank you. So Vermont. Yeah. is coming down to help Cranston. Well, all right. We have a motion to receive and place on file. Any further questions? All those in favor? I opposed.

Motion passes 7 to zero. Uh new business number one. Uh we had a request. The Potter League can't be here tonight. Neither can Chief Pierce. Uh can we have a motion to table this into a future meeting? I don't know if it's going to be our next one or the one after that. So moved. Second. All those in favor?

I oppose. Motion passes. 7 to zero. Uh next up is new business number two, uh the bylaws for our uh bike and pedestrian advisory committee. Um we received today a an extensive review from our uh solicitor on changes. So I would like to see us uh give this back to the committee to review with themselves and then come back to us at a future meeting so they can review the changes requested. I would agree. and second to the motion to table and send back to the send back to the committee. All those in favor

I post motion passes 720 to zero. Next up we have a request request per to sample stock trout deployed in the upper Melville pond over an 8week period to quantify the rate of consumptions of PASES. And this is a request from Mr. Shephard. Dr. Sheepard, I apologize. You want to How you doing everybody? Play with our fish from the Melville Pond. All right.

We're doing science. It's right on the line of playing with stuff, right? Um so I do have a short presentation for you today that kind of walks through our request here. And uh you know, you can so you can go to the next slide. Um, today we're here to talk about a proposed study looking at uh, stock trout in Melville ponds. My name is Zach Shepard. I'm the principal environmental health risk assessment toxicologist for the Rhode Island Department of Health. I'm here representing the Rhode Island Department of Health, but I also have a great team behind me at DEM, EPA, and Roger Williams University. Uh, so happy to talk to you guys on behalf of our really great collaboration. So, uh, the first things first, I want to introduce you, uh, to myself and to my program a little bit. Uh, so, as I said, I work for the Rhode Island Department of Health. Um, but I run the Environmental Health Risk Assessment Program or EHRAP. Uh, and what we do is we use environmental health tools to investigate whether chemicals are present in your community, determine if people can be exposed to those chemicals through air, water, soil, or food, assess whether they might pose a health risk uh to people in communities across Rhode Island. And then we make recommendations that people and organizations can use to make health-based decisions. We also communi communicate with community members and stakeholders about chemicals and protection strategies. So we're here today to talk about PAS. PAS is an acronym. It stands for per and polyfllorinated alkalle substances. Uh PAS are man-made chemicals that are designed to repel both oil and water. Uh they remain in the environment for a really long time. They're called forever chemicals. You might have heard about them in the news. They're used to make non-stick coatings,

waterproof clothes, grease resistant takeout containers, stain resistant materials, and aquous film forming foams among a wide variety of other consumer products. And basically the way that they work and the way that people are exposed to PAS, uh, if you look at this graphic here on the screen, you know, they start with industry with being produced or being used in consumer products. They then they get out into the market consumer products and waste infrastructure or in aquous foams and then they get into the environment and from there into people and that's where the PAS health risk that's where we start to get concerned about PAS health risks. Go to slide. People are most often uh exposed to PAS by eating food or drinking water that's been polluted. uh with PAS it can build up in your body and contribute to uh your risk for negative health impacts like higher cholesterol, lowered infant birth weights, weakened immune response, and an increased risk for kidney and liver cancer. So why am I here today talking about PAS to you? Today I'm here to talk about upper and lower Melville ponds. They're stocked with trout by the Rhode Island Department of Environmental Management. And we know that PAS that fish can take up PAS over time from water and sediment in their environment. People who are fishing for who are fishing in the Melville ponds and who eat the fish might be exposed to PAS. Next slide. DEM did some surface water sampling at Melville Ponds. This figure is a little complicated, but you start on the left with upper Melville Pond and you work your way downstream to lower Melville Pond. The total the height of the bar indicates the total PAS concentration. Remember, it's a mixture

of PAS uh that represents a class of compounds. The most important individual contributors are labeled with their names here. So each of these acronyms that you see in one of the colored boxes represents an individual PAS. These are the measurements that are taken at Melville Ponds. These bars and one of the reasons that we at Rhyo and that my program is concerned about this data from surface water at Melville Ponds is because we're seeing that concentrations at Melville Ponds are higher than concentrations in the Pocketuck River and Westerly. in uh in the Pocket River, there's a section of that river where the fishing advisory is one meal per month. So, these surface water concentrations hint to us that we might have to think about stocking trout and we might have to think about how we stock trout in the Melville ponds. Next slide. So, when we think about stocking trout, we don't just want to pull the trigger and say we're we're not stocking trout anywhere. Fishing is a really important social cultural uh it's a an activity with a lot of social and cultural importance for a lot of people and fish in general is a really healthy food. So we look to the scientific literature to see what it says about uh PAS and fish, how quickly PAS can be taken up into fish. And what we found is that PAS uptake at in scientific studies has been shown to occur quickly with PFOS levels reaching what some states would consider do not eat classification within about a month of exposure. The rate at which PAS is taken up into fish depends on the concentration to

which the fish are exposed. So higher concentration like what we're seeing in the laboratory studies and in the literature out there means that the fish are uh taking up PAS to uh are going to be taking up PAS faster than they would in the male bill ponds. So when we look at the the state of the literature, we're not really we can't draw a reliable conclusion from the existing literature that gives us a good answer as to how quickly PAS is going to be taken up into trout that are stocked in Melville ponds. We know that other states like Connecticut and Massachusetts recommend against eating stock trout from contaminated areas, but those areas also have a higher concentration of PAS in their surface water. Rhode Island has worked together really effectively between the Department of Environmental Management and the Department of Health with our Pocket Tuck River Health Consultation and the resulting steps that we took to protect public health there. We were able to effectively minimize the risk of eating stock trout by altering the stocking schedules for impacted areas. What that means is that we were able to change what how we operate to reduce the risk of everyday people who want to fish in the river where those people are really not feeling the impact those changes but they're getting all of the benefit. We're trying to minimize PAS exposure while maximizing people's ability to fish. Next slide. So when we talk about what what's triggered our ideas for this project and kind of started to bring this collaboration together, there are three main things that kind of led us to this

work. The first is environmental sampling data where we have recent surface water data from the Rhode Island Department of Environmental Management showing that there's high concent not that there's high concentrations but that there is PACE levels of concern in Melville Pond. There's community concerns. We know that this is a popular fishing area in Portsouth. And there's concern, we've heard concerns from the public when we talk about when we've done our Pocket Tuck River advisory about the safety of stock trout. And there's also concerns from the state. Rym stocks the ponds with trout and it's unclear whether we need to issue guidance about when stock trout are safe to eat. This slide gives an overview of our proposed project. Uh our overall goal is to quantify the rate of accumulation of PAS and stock trout in the Melville ponds and develop guidance for minimizing exposure. As of now, there are four key agencies. Rhyo, DEM, Roger Williams University, and EPA. Rhyo is involved in coordination and health risk assessment. DEM is stocking and fin clipping trout and providing equipment for um harvesting stock trout. Roger Williams University is involved in sample collection and processing and EPA is involved in the analysis of the PAS in stock trout. At this point, we would love to bring the town in as an equal partner and stakeholder in our collaboration. So, we'd love this list to go from four to five today. Um, I'll also say that we've proposed a lot of work uh for this project and we are able to provide this at no cost to the town.

So our proposed methodology we have four proposed sampling events one at time equals zero which is before stocking and then at 2, four and six or eight weeks. Sampling is set but is proposed to occur May through uh the end of June, early July, but not to interfere with fishing that happens on July 4th. We'll look to collect 20 to 25 fish per sampling point. DEM is going to help support that um with their electro fishing boat to collect most of the samples. Roger Williams will store collected trout until it's time for processing. they'll process, submit to EPA, and we'll also be collecting um water and sediment samples. So, I'm here tonight to answer any questions that you guys might have. Um I'm would love to bring the town in to this collaboration. Uh I think it's a really great opportunity to improve public health in Portsouth. Again, we want people to be able to fish. We want them to do it safely. And we think that through this proposed study, we can make changes at the state level that will have a positive impact on the health of people living in Portsouth.

Great. Thank you very much. Um, couple of quick questions. So, our our agenda item says specifically the upper Melville pond, but you're talking about doing the two main ponds, upper and lower. I'm sorry. I always do this. I lump them both together. Um the it's just the upper Melville. So um upper Melville pond is where we would be stocking and harvesting the fish. Lower Melville would be open uh for fishing throughout the entire study. Okay. So you would stock the pond, it would not be available for fishing. That's correct.

Okay. So the period from essentially Monday, Saturday, oh what's the 28th? March 1st is the end of fishing season and then there's the six week window before the opening of fishing season I believe. So the process is going to be that DEM is going to stock the upper Melville pond and the lower mil pond. Lower Melville Pond will not be affected, but come opening day in April, we will not be able to fish at Upper Melville Pond.

No, that that that is not the case. So, um you have right now there's a winter stocking that just took place a couple weeks ago. In a couple of weeks, uh you have your opening day stocking. That's great. That's going to happen as scheduled. Uh fishing will occur April. uh early May is when our study is proposed to start and that is when we would do a supplemental stocking with fish that have been fin clipped so we know exactly when those fish were introduced to the pond. Okay, that was going to be my next question. How do you know you're not catching something that was put in there in November? Yep. Yep. When Okay,

so you're going to clip the fins, not tag them somehow. That's so that that it's the the uh the the clip is a tag essentially. Yeah. And you're only going to be using upper Melville pond. That's correct. My only concern with that is is the higher PAS levels were at the lower Melville pond. Are you going to make the assumption that if the fish at upper Melville pond are seeing this type of level, we can assume that it's higher at the lower level meal pond?

Yeah, we can make that assumption. If you go back a couple of slides, right? Um when we think about the magnitude of surface water PAS concentrations to when I look at this data it looks roughly the same broadstrokes right it's when we start orders of magnitude change times 10 times 100 that is when we start to get concerned so if the lower level pond was at 1550 or exactly okay yeah Okay, Miss Blake.

Thank you so much, Dr. Shepard, for coming here. Um, question. Will you be checking fish prior to them being stocked in the pond? The time equals zero is designed to do that. Yes.

Okay. Thank you. Um, if you do find high levels um through this study, what then would be your plan? The plan would be to adjust how we stock the fish. Um the way that PAS is taken up into fish, it's a curve. So we hope that by having multiple time points, we'll be able to see accumulation over time. And let's say that um we we see it we see concentrations of PAS reach levels of concern by four weeks. We may shorten the amount of time before opening day that the um that the fish are stocked. We could also stock in smaller increments uh to make sure that those fish are fished out very quickly. Uh so there there are options and that would be done in partnership with um DEM's division of fish and wildlife. Understood. Um where we do have water testing, what do we gain from having testing of the fish themselves? Um um so we need we need the fish data in order to see uptake into fish. Um we have we have the water testing. You're right. But it's not a perfect comparison uh or you can't you can't perfectly calculate um the expected concentration of PAS in fish from water. There's a lot of there are there's differences in species, differences in the dynamics. Um, this study looks directly at Melville

ponds and identifies problems with the the trout that are being stocked there in the environment where they're being fished from. That is the the the benefit of having the fish data. Okay. Will it be multi-year? No. Um and then uh I understand that this is no cost to the town, but who will be funding this effort? I'd just like to know where the funding source is coming from.

Sure. So um EPA has um provided us with their they're doing a technical assistance. Um they're they're providing us with the analytical and that is the majority of um that that's a large amount of the expense. Um DO is looking for funding to pay for the um to pay for the the sample processing and then DEM their s will happen at the same time that they're collecting for other samples.

Yeah. So it it works very synergistically uh so that the state agencies and the and EPA are going to be footing the bill there. Thank you. Um, do you just love fishing and you're trying to find a way to use your doctorate to do that? I actually I before I started this job, I didn't know much about fish to be honest with you. You're from Rhode Island?

I am. I am. So, I'm from I'm from Richmond. I live in South Kingtown right now. Um, and I started this job and my boss like started doing fish stuff with me and now honestly I like live and breathe it now. And I really love telling people to eat their fish because it's really good for you. So everybody think about it next week when you're at the grocery store. Grab some salmon. It's good for you. It's got those omega-3s in it. Um, and I ultimately what what it boils down to is I'm I'm out here to protect the health of Rhode Islanders. That's what I care about. Thank you very much for taking the time.

So, to be clear, this is a one-time study of the fish, but the monitoring of the water will continue to go on.

Um, I Yeah, I think so. That so that would that would be a great question for uh DEM's uh offices. They are also working. So we have our our collaboration with Division of Fish and Wildlife. Um we also work with their office of land use. Um I forget the whole acronym now, but um that office is actively working on the um the Naval Station Newport remediation as well. Um, I'm not sure what the plans are regarding Naval Station Newport and the cleanup that goes around there. Uh, but I'm sure if if they find the need to sample the ponds, they'll continue to do so.

I don't remember if you covered this or not, but are any of the levels that you saw at the Pocatuck River comparable to the levels that you see in any of those six locations?

Um, so the average line is marked on there. Uh that's about 15 nanograms per liter. So it's it's less um there's another area that's higher concentration than that. Um than than what we're seeing here. Um so this would be right in the middle of the low end with the pock river versus some of the the higher end um samples. That one is Yeah, it's it's right in the middle right in the Pocktuck River.

And because we don't have flowing water here, tech technically it's a pond. It does flow a little bit downstream, but do you anticipate finding more in a pond getting into the fish than you do at the river because it's flowing water?

I think it has to do with uh exposure concentration, not so much the flow of the water. Um the other area that I was referencing in the Pockduct River um it's a pond. Um so it's like the two areas are adjacent to each other. The river puck duck river 15 nanogs per liter. The um gross preserve pond is 400 450 nanogs per liter. Um so to your question it's more about the uh the exposure concentration. Okay, Mr. Gleason,

just uh one question uh regarding the harvesting. Can you explain that process and is there a cuto off? I think you said you're going to harvest 20 25 fish per event kind of thing just so we know what to expect. Um sure. So, uh harvesting happens at night. Um and they use their electro fishing boat. So, there's a boat on the on the pond and they um they have some sort of unit on there that attracts the fish and then electrocutes them. Uh sorry. [laughter] Um nice to know this is how the the sausage is made, right? Um

we'd like to know that. Yeah. Um I'm I'm not sure if I'm answering your question completely. I guess if you are you looking for certain sizes, right? If you kill 30 little ones and they don't meet your thing, are you going to kill 20 to get there? Thank you. Thank you. So, um they're all they're all stocked at about the same size. Okay.

And within those two months, like they're not going to grow that much, right? So, um they'll be we'll be stocking and harvesting about the the same size. Um, and it shouldn't be too difficult to tell once we've hit our our limit. You know, we're looking for 20 25 fish per the fin clipped. Once we get to that, we'll stop. And all the signage, that kind of thing would be all taken care of. Yeah, I think we can do that. Yeah. Yep. Okay.

So, um, one thing that we are asking for from the town is, uh, snow fencing around the the upper Melville Pond. Mr. Rainer, we we we have a stock of snow fence down there. We have some We haven't put it out in quite a while. Yeah, that's why I still know. Yeah, we speak out. Thank you. Thanks for for being here. Um I read your study and and reviewed it and I decided I'm not going to buy fish next week. That's what I decided. So, but um [laughter] anyways, I'm only kidding.

But this this um we already know one that there's a high concentration, correct? Yes. At uh at these areas here and of of the chemical. So, we already know that the fish are going to confirm that, but we're going to find out at what levels in the amount of time, right? Yes.

So let's say that um it it shows scary data, you know, so how how do we proceed as a community at that point? Um you know, yeah, there are some management um strategies that the state can employ. Um we're looking at uptake over time and cutting that time shorter. Yeah. The the whole schedule. Yep. Yep. Um

but then you'd have to do the study again to make sure or do you know the the schedule that you're on in other areas works? You do know that? So proven. So I think that I think that based on the data that we generate in this study will be we could make a schedule change and be confident in that. I don't think that there would be a need to do the study again. Yeah. And the signage um is there signage there now about this level around? There is not signage about this at this point. We we need fish data to make an advisory about the fish in the ponds. Yeah.

Okay. So, when they put this bug zapper in the water um and you zap some fish that aren't clipped, are you going to test them as well to see if there's a longer exposure pest?

That's a good question. Um, I think some of those fish will be set aside for mercury analysis. Um, I I believe we have a limited amount of funding and a limited number of samples from EPA. So, you know, if other fish were collected, I'm not sure that we would analyze them immediately. um knowing that the collaborators that I work with uh they would probably take them and keep them on ice in case there was another question uh that they could answer with those samples.

Okay. So, if future funding became available or concerning, they could potentially go back and say, "Well, let's see what happened with fish that were older, so to speak." Yeah, I I can see that happening. I think initially we would stick to the samples that EPA has um has said that they can run. Okay. And are you coming back to give us the real analysis study? I would be happy to come back. I would definitely like that to happen. Great. Yeah. Um my team, we do a lot of community outreach. We're willing to meet with uh with you with anyone that you think is um would like to hear this. Great. Okay.

So that it takes you six months to do the an analysis and we'll see you. We are. So just to uh we are looking at next year um for that for that data and the analysis to be complete. There's a question behind you if you don't mind doctor.

And and it is to him. I have a family that fishes very well. Paul Caston 3241 uh East Main Road. Do we believe the transmission is through the water or through the vegetation? when I was part of the uh rehab for all of the land, particularly near the um uh where they did the ski shooting, the rabbits and and animals that were on the ground consumed an awful lot of lead and PAS through the plants. Is this coming through what they eat or is this coming because they're in the pond they're in? Um, can I answer here? Yeah, you know, you need Okay, I'm trying to figure out what the vehicle is.

Yeah. Yeah. Um so um it the it depends on the um the PAS compound. Um longer chain compounds are typically uh taken up into fish through set through sediment through their food. Uh shorter chain PAS compounds are actually breathed in through the gills. So it's both those path pathways. So the next question is because I I just do this anyways. So what we're seeing in the in the uh lower Melville pond that's from the surface water. Has there been any wells drilled around that to find out what if if in fact the land is contaminating or whether it's runoff from surface water?

Yeah. Um there VM fuzz DM Yeah, doctor. I just got to be all the way up. Thanks. Okay. Sorry. Uh yeah. So people at home can hear you. Okay. Yeah. So, um, DM and, uh, DM EPA, the Navy, they have monitoring wells all over the place, uh, in that area. Um, and I think there's there's still some debate among those groups about [clears throat] how much of an impact groundwater is have groundwater discharge to the ponds has on them. Um, did that answer your question? Okay. Yeah.

So, do we have a uh a motion to allow RHO to do trout sampling at the upper Melville pond from May through July? So moved. Second. Any further questions? All those in favor? I oppose. Motion passes seven to zero. Dr. Thank you very much for coming down. We look forward to seeing you next year. Before he leaves, Mr. Rener, is there any interest in the town? Is it a burden on you to be become part of this a fifth member? No, we've already been talking to him. So, we need a separate motion. They just we just need to put up the snow fence.

Okay. So, it's assumed once once the guys at DBW get a little sleep, put up the snow fence. Right. Next, we have a request to advertise public hearing for sound veil variance to allow live amplified music at Raget Island. This is their yearly request um advertising on March 20 for um to hear on March 23rd. Thank you. Do we have a motion to approve? So move. Second. All those in favor?

I oppose. Motion passes seven to zero. Next, we need to uh discuss a resol request a repro approval of a resolution in support of Rhode Island House Bill H724, an act relating to cities and towns and award of municipal contracts. Mr. Rainer.

Sure. Uh this item is a resolution in support of House Bill 7224, which updates the state's small purchase limits for municipalities. Uh so to be clear, this does not change Portsmith's purchasing policy tonight. What it does is support legislation that would give us the option to adjust our local limits in the future if necessary. So, under current law, the thresholds are $10,000 for construction and $5,000 for all other purchases. This bill would raise those limits to 25,000 and 10,000 respectfully. So, it essentially brings the numbers more in line with uh today's costs. So even if the bill passes, our existing purchasing policy, our quote requirements, our budget controls, and the finance director oversight all remain the same unless a separate by them. The reason communities are supporting this is operational. The current limits were set many years ago and today uh relatively routine purchases can trigger a full bid process which adds time, administrative work and can delay small projects. So this simply gives municipalities flexibility uh while still maintaining transparency and competition. So there's no fiscal impact associated with this uh resolution. It does not authorize any new spending and everything must still be budgeted and is fully auditable. So tonight's action is simply to express support for the legislation at the state level and if it's adopted and the council ever wants to revisit our local thresholds, that would come back to you as a separate policy discussion.

Any questions for Mr. operator. Mr. I'm trying to find the statute real quick. Do we know the last time that this was updated? Uh I was just trying to see if you have the information on hand versus me looking for it. Um yeah, it's I don't have the date on it. It's uh Okay, fine. I have the markup, but I don't have the date. It was introduced July 21st. 20 21st, I'm sorry. July 21st. Uh 1992. No, of 2026. No, I'm saying the last time the bill was in 1992. Yeah, that's a good question. Don't know. That's it. It's only 30 plus years ago. There hasn't been any inflation since

only four. Yeah. You have a motion to approve. So moved. Second. All those in favor? I oppose. Motion passes seven to zero. And we have a request to declare any written or or declarations of past regarding any type of exclusivity by any and all sports groups be known and void. Mr. Gleason.

Thank you, Mr. President. U the research this this is a subject that's come up over the years um especially this time of the year when we're starting to organize and figure out the field usage which is supposed to be done through our parks and reccks department. Uh there there was a period in time and the town administrator did some research that showed some minutes from 1990 and a policy from 1991 but there was never official agreement beyond a 10 years for any exclusive use by a Portouth related soccer league. So I've expressed my opinion in this that uh to this day this the thought of exclusive ownership still affects the town's parks and recreations ability to schedule events on the 70 fields. So [clears throat] the 10 years has gone by. It comes up from time to time that there is exclusivity to one particular group and there there is none in my mind and I'm I'm looking for the the council to agree with that and update the 1990 policy into 2026 uh so that Wendy's group can function as they're intended to. They're supposed to be the group for all sports to uh coordinate the efforts, you know, the uses of the fields. I'm not asking that we're going to change anything. I'm not trying to uh spite any sports groups. I I support them all, but there needs to be more work done through our parks and reccks department, and this has worked against them over the years. So, any questions? Any questions?

No. I support it. It's that emotion, sir. So, I would motion that we I don't know how we make a motion to to stop something that doesn't exist.

Stop that doesn't exist. Well, it's I mean I I guess it's more of a letter to all organizations to say that all school all non-school fields should be reserved through the parks and recck department. We don't do the school of part portions not the school department. So anything that any fields should be scheduled through the parks and recck department for any organizations period and there is no exclusivity by any group except polo technically because they have a contract with us.

Is that agreeable to you? Uh, Carlos, I'm just do we have I'm just trying to think about how sports are currently done in the town and just we'll use soccer just because it's the season's upcoming fairly quickly. Um, are any of those leagues already have agreements with the town or have prepared anything with the town? The way it's supposed to work, and this was voted on by the council a few years ago,

all scheduling for the fields is supposed to go through the parks and recck department through the civic wreck program. The leagues, the primary leagues, we're talking, of course, little league is always going to be baseball, right? But those sports fields at 70 can be multi-use. So they can be soccer, they could be lacrosse, they could be of the East. And there is a perception that those fields uh there is first right of refusal by Portsmouth youth soccer association that was done in the '9s. It was meant for a 10-year period and the council motion was that it was never meant to be exclusive of any other sports organization. So what I interpret is being done here is just to enforce what the council has already decided. The way we've been exercising this is that those leagues do get uh the first bite at the apple. So there is a period in January, early February where they get to put in their scheduling needs. After that, any time that's not open can be reserved by other organizations going through the proper uh scheduling procedures is set by the recreation department. That's all this is doing.

Okay. uh and but there has been nashing of teeth and and emails and I know that some of you are getting calls uh over this perceived memo that exists that gives certain organizations uh a perceived ownership or right to schedule fields uh that was obiated when you established the recreation department and I think this just puts a fine cap on it. So, have the league have the leagues that we know in town submitted their request already? I just don't want to throw a wrench into this entire their entire process. Uh, when this was first discussed with me, uh, they had not all done it yet. Okay,

I'll leave it at that. Nor would it really affect them either. Just, you know. Yeah. So, I guess uh [clears throat] I would make a motion that we declare the past documents um null and void and that administration um sends memos to all the sports group that there's no any any type of exclusivity to any group for the 70 fields. I'll second your motion. All those in favor? I oppose. Motion passes 720. Thank you very much.

Thank you, Mr. Gleason. Next up, we have a correspondence. Is there anything on there that anybody wants to pull off? If not, do we have a motion to receive and place on file? So moved. Second. All those in favor? I oppose. Motion passes 720. We have future meetings in March. We have three meetings currently scheduled. We have our regular schedule meeting on March 9th. Then we have our special meeting on the 16th for the public hearing for the sign ordinance as it's been amended and March 23rd as another regularly scheduled meeting. We don't need any other ones. If not, do I have a motion to adjurnn? So moved. Second.

All those in favor? I oppose. Motion passes. 720.