Council to anti-skaters: show us the money

The Portsmouth Town Council this evening tabled a request from skateboard area opponents to abandon plans for the Island Park playground. By a 4-3 vote, with Dennis Canario, Huck Little, and Karen Gleason in the minority, the Council moved to table any action pending the return of all donations to the Town for safekeeping.

"We took an action," said Jim Seveney, referring to the original approval last February. "Money was collected. The priority at this juncture is for the town to understand the status. The donors, I'm sure, are wondering what happened to it."

The Council seemed unmoved by Brian Whittier's argument that Portsmouth's zoning regulations would be violated by siting a skating area in the playground. "According to zoning laws, playgrounds are special uses," said Whittier, who enumerated the guidelines such use must meet: not detrimental, compatible, not a nuisance or hazard. "These are all issues that are going on," said Whittier.

Perhaps I read Article III section D (4) of Portsmouth's Zoning Regulations wrong (which is always possible; IANAL) but here's what it says:

"Notwithstanding any other provisions of this ordinance to the contrary, any structures, buildings and land owned, leased or used by the Town of Portsmouth may be erected, enlarged, or used by the Town of Portsmouth in the performance of its governmental functions, in any district, and said structures, buildings or lands so erected, enlarged, or used shall be exempt from the provisions of this ordinance."
Full Zoning Ordinance

After the vote, the Council took a 5-minute recess, and opponents of the skate area approached the dais to continue arguing their case with the Council. When a reporter tried to take a picture, he was told, "We don't need blog stuff here," and "Go sit down with your friends."

I've been scrupulous in not quoting things said outside public meetings. These were people talking to the Council, in chambers, during a recess. I've been covering Portsmouth politics for more than three years, and I've never had anyone speak to me like that during a session. I'll let you judge how this goes to credibility.

Following the recess, there was an interesting discussion sparked by Larry Fitzmorris of the Portsmouth Concerned Citizens (PCC). He asserted that the modification of an agenda item he had requested back in January was a violation of the Charter. His original agenda item, he said, had explicitly asked the Council to end consideration of sewers, but the amended item said only "Address Council Re: wastewater management district."

This change, said Fitzmorris, "Essentially defeats my right to address the Council," since, he said, it is within the Council President's role to limit discussion to the agenda item. And, as someone who's sat through a few of these meetings, I can tell you the way an agenda item is cast is particularly important when it comes to what the Council may *vote* on, since according to RI Open Meetings Law, the subject must be properly advertised.

Town Solicitor Andre D'Andrea argued that it should be within the purview of the Council to determine appropriateness and wordsmith the actual items. The public, even in the Charter and the procedures enacted later, "is limited to the right to ask," said D'Andrea. "In what form [it is placed on the agenda] is within the sound discretion of the President and the Clerk." While he seemed to admit that in this case, he might have phrased the item better when rewriting it, he continued to maintain the right of modification. "The right to petition government is not the same as the right to publicity."

Former Town Councilor Len Katzman, who had drafted the procedure in 2006, spoke in support of Mr. Fitzmorris's position, and noted that his original proposal had been "That the Town Clerk may not refuse the request without consulting with the Town Administrator, Town Solicitor, and President. It shouldn't be one person's solitary discretion." He urged the Council to revisit the rule and spell out what the procedure was for denying a request. "It should be hard," said Katzman, "But it should be written down."

In other business, Tailgunner Gleason moved that the Council should release the Woodard & Curran wastewater report — which had already been released last month.

When another council member questioned the form of her motion, she said, "You're making a mountain out of a molehill." There was general laughter.

Comments

Hey John,

What is wrong with these people opposing the Skate Park? They are withholding the money from the town! What is it going to take a lawsuit against them? They definately are child haters because that is definately who they are hurting. The adults and the Island Park Recreation Association who support this small "Skate Spot" in the Island Park Playground aren't going to skate on it, this is for the kids and that is who these opposers are hurting. It also appears to me that they mislead people any chance they get: the zoning ordinance is just one, this supposed letter from the town finance director is another. I for one think that these opposers need to get a life or a job and stop being kid haters and driving a wedge into the community because it is my opinion that it is them driving the wedge not the supporters of the "Skate Spot".

Respectfully submitted,

Portsmouth Pride