I'm confused with how you conduct business.”

Portsmouth Town Council member Paul Kesson, to AIPC member

PORTSMOUTH — A Town Council member’s request that the Town of Portsmouth cut ties with the Aquidneck Island Planning Commission (AIPC) was defeated Monday night following a lengthy, and at times heated, debate.

AIPC, which works with Portsmouth and other Aquidneck Island municipalities and organizations on projects aimed at improving the quality of life locally, received $18,000 this fiscal year from the town.

One current undertaking is the three-year Island Waters project, which is focused on improving water quality on Aquidneck Island. The project is being funded through a $1 million grant from the U.S. Environmental Protection Agency and also involves Newport, Middletown, the Aquidneck Land Trust and Clean Ocean Access.

Council member Paul Kesson made a motion to sever the town’s relationship with the group, saying he was dissatisfied with the organization’s financial reports. He also accused the AIPC of not being transparent enough in its dealings with town officials.

Mr. Kesson’s motion was defeated in a 4-2 vote. He and council member Elizabeth Pedro voted in the minority, with council member David Gleason abstaining. Council President Keith Hamilton and members Kevin Aguiar, J. Mark Ryan and Linda Ujifusa voted to maintain the relationship with AIPC.

Before the vote, Mr. Kesson quizzed Richard Adams, chairman of AIPC’s board of directors, on the organization’s quarterly financial reports, which he said were always late and didn’t add up.

“Your expenses don’t match your year-to-dates,” said Mr. Kesson, adding that the commission’s meeting minutes and correspondences with the town often leave out pertinent information that Portsmouth officials need to know.

“I’m confused with how you conduct business,” Mr. Kesson said. “I don’t see evidence that in fact we have a partnership. I think we have an organization that’s working on its own.” 

Mr. Adams denied that, and said the AIPC has provided all the financial information that’s been requested. No other nonprofit group has undergone the kind of financial scrutiny it was facing from the council, he added.

Portsmouth resident Keith Humphreys, the AIPC’s board treasurer, added that he’s “never experienced the abuse that this board has taken.” Linda Finn, another board member, said she felt she was in a “parallel universe” when hearing the critical comments. Basically, she said, the AIPC was being accused of “cooking the books.”

Mr. Kesson denied that, saying he merely found discrepancies in the planning commission’s financial reports.

The council also heard from Nancy and Tom Grieb, two longtime critics of AIPC.

Ms. Grieb pointed out a recent ruling by the Rhode Island attorney general’s office that the AIPC is no longer considered a public body, but a private, nonprofit organization. As such, it is not subject to the state’s Open Meetings Act or the Access to Public Records Act, according to the ruling.

“Portsmouth has no jurisdiction to keep this board honest,” Ms. Grieb said.

The majority of council members, however, felt differently about leaving the partnership. Mr. Ryan said two accounting firms found no major problems with AIPC’s financials, and that the organization was doing the town a service by writing grants for various projects.

Mr. Aguiar said while there’s no denying AIPC’s accounting problems, cutting off ties with the group will “probably set us back” with the Island Waters project. He said $18,000 was a good investment.

“I think we’re selling ourselves a little short here if we’re going to just sever ties,” he said.

ACLU on marijuana dispensaries

Also Monday, the council received a letter from Steven Brown, executive director of the Rhode Island Chapter of the American Civil Liberties Union (ACLU), regarding local municipalities that are considering ordinances to regulate medical marijuana.

“If your municipality is one of those communities, I am writing to urge you, your Town Council, and your solicitor to immediately reexamine any such plans in light of a recent important court decision,” Mr. Brown stated in his Oct. 13 letter to Town Administrator Richard Rainer Jr.

The council voted to accept the letter and keep it on file.

Rhode Island has authorized three active dispensaries for medical marijuana and marijuana-infused products to qualified patients, one of which — Greenleaf Compassionate Care Center — is located in Portsmouth.

Earlier this year the local ACLU filed suit against the Town of Smithfield, challenging a zoning ordinance adopted in May to “regulate the cultivation and distribution of medical marijuana,” Mr. Brown said. Among other things, the lawsuit argued that the ordinance, in going beyond or conflicting with the state’s “detailed medical marijuana statute, was preempted by that statute,” he stated.

A few weeks ago, he said, the Superior Court agreed and issued a preliminary injunction against enforcement of the ordinance. “The court found that the plaintiffs would suffer irreparable harm if the ordinance were enforced, potentially violating their rights to confidentiality and their ability to access medicine authorized by the General Assembly under the Edward O. Hawkins and Thomas C. Slater Marijuana Act,” Mr. Brown said in his letter.

William McGlinn congratulated

The council extended its thanks and appreciation to William McGlinn on his retirement after serving as general manager and chief engineer of the Portsmouth Water and Fire District.

Mr. McGlinn started work on Oct. 8, 1988 and his last day is scheduled for Oct. 31. 

Sen. James Seveney, who presented a State Senate proclamation, said he’s known Mr. McGlinn for more than 50 years. They graduated from high school together (Class of 1972) and umpired local baseball games together. Both he and Council President Keith Hamilton thanked Mr. McGlinn for making sure local residents had safe drinking water.

“It’s nice to know when the faucet goes on, good, clean water comes out,” said Mr, Hamilton.

Mr. McGlinn thanked the town for its cooperation with the District over the years. He also introduced his successor, Jessica Lynch.

Appointment

The council unanimously re-appointed Herbert Nichelson to the Glen Park Working Committee.