STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
COUNTY OF NEWPORT
At a meeting of the Town Council of the Town of Tiverton, County and State aforesaid, held at the Tiverton Town Hall on the 12th day of December 2005 A.D. at 7:0 0 p.m.
President Durfee opened the meeting with the Pledge of Allegiance to the Flag.
| Roll Call: | Joanne M. Arruda | Cecil E. Leonard |
| | Donald Bollin | Brian A. Medeiros |
| | Paul E. Carroll | Arthur R. Wyman |
| | Louise Durfee | |
Town Administrator, David A. Souza and
Town Solicitor, Andrew M. Teitz were also present.
Approval of Consent Agenda:
All items listed with (CA) are to be considered routine by the Town Council and will be enacted by one motion. There will be no separate discussion of these items unless a member of the Council or a member of the public so requests, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.
Councilor Leonard requested to add an item to the Agenda, Recognition to the Outgoing Town Administrator (David A. Souza). Mr. Wyman seconded the motion, which carried unanimously.
President Durfee, on behalf of the Town Council and the Citizens of the Town, presented Mr. David Souza with a gift, a painting of a Fogland Scenic area, done by a local artist Thanked Mr. Souza for a job well done, did the job with great professionalism and was leaving with the respect of the Council and the Town’s people.
Mr. Souza read his closing remarks. He was very proud and honored to serve for a total of six hundred eighty one (681) days as Administrator, which were sometimes very frustrating, difficult, but mostly rewarding. Had recently attended the funeral of a fallen hero killed in Iraq which was very moving, had attended meetings with Governor Carcieri, worked on issues with State Lawmakers, U.S. Senators and Representatives.
Mr. Souza also commented that it was a pleasure working with all the Department Heads, all the employees and volunteers who serve in the community. Tiverton was a great place to live, he and his children were born here, even though he lived in other parts of the Country, Tiverton will always be home.
Councilor Bollin read the items listed on the Consent Agenda.
Mr. Bollin requested the removal of Item F-3-Annual Renewal of Drain layers License.
Mr. Leonard requested that Item G-1-Award of Fire Code Plan Preparation, be removed.
Mr. Wyman requested the removal of Item A-2-Minutes of Regular Council Meeting November 28, 2005
Mr. Carroll requested that Item J-2 be removed –Correspondence
A motion was made by Mr. Medeiros to approve the remaining items listed on the Consent Agenda. Mrs. Arruda seconded the motion. The motion passed unanimously.
The remaining items of the Consent Agenda were as follows:
Approval of Minutes of Previous Meetings:
A-1-Minutes of Special Council Meeting November 28, 2005
Financial Business:
D-1-Town Administrator-Requesting Transfer of $2040.14 Acct. # 230-295 (Unfunded Liability) to Acct. #554-106 (Longevity) to Cover Payment to James Couturier for Retirement.
D-2-Planning Board-Request Release of Carryover Funds from FY 2004-2005-Account #107-730 in the amount of $1007.06
Board of Licensing Commissioners:
F-1-Town Clerk-Renewal of Annual Entertainment Licenses-Continued to January 9th Council Meeting with Notice to Establishments
a. Evelyn’s Nanaquaket Drive In, b. TBHR, LLC d/b/a The Boat House Restaurant
Abatements:
I-1-Tax Assessor’s board of Review Abatements
Correspondence:
J-1-Correspondence Received from Mykonos Restaurant Regarding Liquor Violation
J-3-Correspondence Received From Kyle Potter regarding Skateboard Park
J-4-Correspondence Received from Beta Group Regarding Sewer Low Pressure Systems
J-5 Correspondence Received from Attorney Huggins Regarding Sakonnet Bay Manor
J-6-Correspondence Received from Little Compton Fire Dept. Regarding TFD Assistance with Fire on West Main Road
J-7-Correspondence Received from Fuss & O’Neil Regarding Comments on Bay Street
J-8-Correspondence Received from Fuss & O’Neil Regarding Evaluation of Phase II Site Report of Bay Street
J-9-Correspondence Received from DEM Regarding Comments Phase II Bay Street
J-10-Correspondence Received from DEM Regarding Notice of Intent to Enforce (Bay Street Area)
J-11-Correspondence Received From DEM Regarding Bay Street Study Area.
Receipt of Minutes from School Committee, Boards and Commissions:
Tiverton Tree Commission, Board of Trustees Library Services
Regular Town Council Meeting held on November 28, 2005:
Councilor Wyman requested to amend the minutes of the November 28, 2005, Under Public Hearing-Solid Waste Management –Proposed Ordinance-Paragraph—The biggest argument was the trash generated from condos, mobile parks, and manufactured home community communities with three or more units being considered as commercial waste and prohibited from being disposed at the landfill in the proposed amendment. Buildings with three or four individual condo units are individually owned by individual residents, mobile homes, individually owned on individual lots, and the applies to the manufactured home community, individual homes on individual lots. That was one of the concerns why the Council decided to hold a workshop to discuss and try to come to a solution on that matter, all residents should be treated fairly.
Councilor Bollin moved to approve the minutes of November 28, 2005 as amended. Councilor Wyman seconded the motion. The motion carried unanimously.
Councilor Medeiros-Follow-up on Requested Letter to Personnel Board:
Councilor Medeiros sought response from the Personnel Board in regards to a letter sent by the Town Administrator directed by the Council, that all applications be available for viewing for Department Heads and Town Administrator positions and that the Council be invited to observe all Personnel Board interviews for all Department Head candidates.
The Town Administrator, David A. Souza responded that according to Mr. James Camara Chair of the Personnel Board a response letter had been drafted, and would be addressed at the Personnel Board meeting of December 15, 2005.
Mr. Medeiros motioned to continue the matter to the next Council Meeting. Mr. Leonard seconded the motion, which then passed unanimously.
Town Solicitor-Legislation in Regards to Town Held Property Being Transferred:
This matter had been continued from the last meeting held on November 28, 2005 to allow the Solicitor and the Town Treasurer to finalize the language for the proposed legislation in regards to Town held property being transferred.
Town Solicitor requested that the matter be continued; had received comments from the Treasurer, however would meet with the Treasurer to finalize the language.
Mr. Carroll made a motion to continue the matter to the Council meeting to be held on January 9, 2005. Mr. Medeiros seconded the motion. The motion passed unanimously.
Town Administrator-Approval of Excavation Policy for Moratorium Area:
The Town Administrator requested the matter be continued; the policy was received, however not in time to be distributed to the Council for review.
Mr. Carroll made a motion to continue the matter to the Council meeting of January 9, 2005. Mr. Medeiros seconded, and passed unanimously.
Town Administrator-Discussion of Police Chief’s Pension Plan:
The Town Administrator requested that this matter be continued; taking longer than anticipated and had directed the Actuary to come back with costs associated with purchasing an annuity, payable upon the Chief’s retirement.
Mr. Carroll motioned to continue the matter to the Council meeting of January 9, 2005. Mr. Medeiros seconded the motion, which passed unanimously.
Town Administrator- a. Appointment of Town Administrator b. Interim Town Administrator
Because of the departure of the Town Administrator, David A. Souza on December 15, 2005, it was obvious that an Interim Administrator would be needed to continue the day to day operations of that office. Councilor Carroll had discussed the matter with the former Town Clerk, Hannibal Costa and he indicated his interest to fill the position on a temporary basis.
Councilor Carroll made a motion to appoint Mr. Hannibal Costa, if still interested, as Interim Town Administrator until such time a full time Administrator was appointed.
Ms. Durfee noted that Mr. Costa and current Administrator had conversation on the matter; Mr. Costa was interested; however salary had not been discussed.
Mr. Carroll amended his motion to appoint Mr. Hannibal Costa as Interim Administrator and that Council allows Council President negotiate a salary.
Mr. Bollin amended the motion that Council appoints Mr. Hannibal Costa s Interim Administrator, the starting date be delegated to the Council President to negotiate, and delegate the salary to the Council President subject to the Budgetary limitations. The ending date would be the starting date of the new Town Administrator. Mr. Carroll seconded the motion. The motion passed unanimously.
Appointment of Town Administrator:
Councilor Leonard stated that the two final candidates met all the requirements of the Personnel Board. Both had some differences in approach to management. Then asked what kind of Administrator was the Council looking for? One applicant was more task oriented, the other was more goals and objectives oriented. One indicated serving for a two or three year time period, the other for a longer period. Mr. Wyman was for the more tasks oriented, many tasks on hand that needed to be handled, and the Town was playing catch-up. Ms. Durfee commented that both had different personalities, both had the capacity for leadership and both had the capacity to bring people along with them. Both had long tenure in experience. Mrs. Arruda was looking for someone who could be a member of a team, be an effective communicator, had positive energy and was knowledgeable. Mr. Carroll commented the only difference he saw was a different personality, he had rated them almost identical; saw no difference in their style or the role they would take. Mr. Bollin clearly saw two different styles or avenues in which they operated, one seemed to have more experience in our type of government and issues, both certainly have the qualities to be able to do the job.
Mr. Medeiros was looking for someone, who would be better fit for this town, for the particular challenges the Town faces.
At this time Councilor Leonard made a motion to offer the position to W. Glenn Steckman III. Mr. Carroll seconded the motion. The motion carried by 6-1 Mr. Medeiros opposed.
The Town Administrator Contract:
In terms of the contract negotiations, Mr. Leonard suggested the help of the Council President, along with Mr. Souza, and Mr. Hannibal Costa would be part of the process as the Interim Administrator. Once negotiated, it would be forwarded to Council for ratification.
Mr. Wyman thanked and complimented the Personnel Board for forwarding great candidates, Ms. Durfee and Mr. Carroll echoed Mr. Wyman’s comment. Mr. Leonard complimented Mr. Souza for advertising the position on the Web –Association of Managers, which expanded the pool of applicants.
Town Administrator-Update of the Statistical Revaluation Process:
Mr. Bob Battey Director of Appraisal Resource was present to give an update on the process. Appraisal Resource had been working on the statistical revaluation for eight months, and targeted for February 1, 2006 for the mailing of impact notices with the new assessments. Approximately 1000 residential properties, sold between January 2003 to present, have been inspected by Mr. John Hocking the on site manager. Building Permits have been looked at, and the conversion from Vision Cama System to ppraisal Resources Cama Pro 5.0 was completed. Data entry was complete on all inspected sales, as well as data on all building permits. The company had gone beyond their scope of work, inspecting all commercial properties, and neighborhood delineation has been completed. Mr. Battey stated he had received good co-operation from the community.
Ms. Gail Corvello, representing the ENACT Group, wondered how the soil contaminated properties in the Bay Street area would be handled. Mr. Battey was aware of the issues and problems within the area, had preliminary data, however the more information provided to Appraisal Resource, the better job they can do for those residents for relief.
Councilor Leonard-Request Council Adopt Policy Pertaining to Employment Contracts Offered to Town Employee’s;
Councilor Leonard, requesting that the Council vote to approve a policy pertaining to Employment contracts provisions offered to Town Employees.
A motion was made by Councilor Bollin to adopt the policy in the four areas for consideration in future contracts. Seconded by Mr. Medeiros.
Discussion ensued; Chief Blakey expressed concern, in regards to Item 3 provision, the 15% co-pay. This provision could be counter productive to internal advancement officers who are currently in Collective Bargaining Unions. Mr. Bollin stated Department Heads were not being singled out. The Council is trying to set standards that would eventually include all Town employees. Mr. Leonard requested to include 15% co-pay of annual medical and “dental” insurance premiums in Item 3.
Mr. Bollin amended his motion to adopt the policy and to include “dental” insurance premiums in Item 3. The motion was seconded by Mrs. Arruda, which passed unanimously.
The Policy was as follows:
POLICY PERTAINING TO EMPLOYMENT CONTRACTS PROVISIONS OFFERED TO TOWN EMPLOYEES;
CONTRACTS TERMS WILL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING;
1. Employee will be required to attend the annual Financial Town Meeting.
2. All salary increases will be contingent on performance appraisals being completed on schedule with a minimum overall performance rating of satisfactory or better.
3. Employee will pay fifteen percent (15%) of their annual medical and dental insurance premiums.
4. Conviction of a federal (USA) laws and/or regulations violation will be included in the list of causes for termination of employment.
Planning Board-Response/Recommendation Regarding Town Council Proposed Amendment to Article VIII, Watershed Protection Overlay District, Sec. 3e (4)
At the last Council Meeting held on November 28, 2005, Mr. Carroll expressed concern in regards to On-site Sewerage Disposal Systems (OSDS Upgrades) in the Watershed Protection Overlay District of the Zoning Ordinance. The Ordinance had been in effect since 1994, Section 3- Use Regulations. (4) By the year 2005, all OSDS WITHING THE WATERSHED OVERLAY DISTRCIT OF Stafford Pond shall be improved to the prevailing state and local standards for on-site sewage disposal systems.
Mr. Carroll had made a motion to amend the Ordinance to extend the deadline to 2006 and direct the Planning Board to review and make comments.
The Planning Board at their Special Meeting on December 5, 2005, voted unanimously to recommend against the adoption of the proposed revision to Section 3. The Planning Board’s concern that the deadline has been in place since 1994 and since Stafford Pond is an active drinking water reservoir; contamination from cesspool effluent is a public health issue.
Discussion ensued; in reality many residents in that area are trying to comply. Ms. Durfee had a concept, in Mass. there is a rule requiring a resident to have the Septic System up to State compliance called Title V when the property is sold or transferred. Suggested that the Town Solicitor put that concept into a draft form, enforcing the failure of any septic system to be in compliance after the residence is sold or transferred.
Following discussion, the On-Site Wastewater Ordinance should be revisited; a date for a workshop would be co-coordinated with the On Site Wastewater Advisory Committee and the Town Administrator.
Planning Board-Submission of Proposed Amendment to Article XXII, Low and Moderate Income Housing, Section 3e(4):
Mr. Noel Berg and Rosemary Eva representing the Planning Board requesting to schedule a Public Hearing for a proposed addition to the Zoning Ordinance -Article XXII- Low and Moderate Income Housing -Section 3, Comprehensive Permits.
A motion was made by Councilor Bollin, seconded by Mr. Leonard to schedule a Public Hearing on January 23, 2005. The motion carried unanimously.
Councilor Durfee-a. Discuss Request of M/M Carroll Regarding Southern Boundary of Moratorium Area- b. Extension of Moratorium on Bay Street Area:
A Moratorium placed in the Bay Street area to appropriately regulate and manage any and all soil excavation activity within a defined area for the protection of public health upon discovery of chemicals and metals was to expire on December 31, 2005 and had been in effect since September of 2003.
Attorney Jeremiah Leary and his clients Mr. & Mrs. Carroll, and Mr. Alvin Simpson owners of property on the South Side of Judson Street; Lots 33, 34, 34A, 35, 25, 26 and Lot 1B. Mr. Leary’s clients sought relief from the moratorium of their properties except for Lot 35, which had evidence of contamination. The Carroll’s hired Ransom Environmental Consultants to perform a study on the properties in question. Mr. Kaufman of Ransom Consultants met with RIDEM in February 2004 and provided documented historical findings regarding the properties, followed by an onsite walk through. Mr. Crawford of RIDEM stated that the land appeared unaffected, but without extensive testing one could never be 100% sure of any property, anywhere.
The Council was very reluctant to move the boundary line on the South side of Judson Street, concerns of how far south the contamination went into the property from the strip that actually did test positive. Ms. Corvello said the Gas Company had refused to test South of Judson Street, and without testing can’t tell if the properties have contamination, or not. Ms. Corvello urged the Council to push RIDEM to have Gas Company do the testing.
Following discussion; Mr. Bollin made a motion to extend the moratorium for six months to June 30, 2006; and to refer the Ransom Report and all accompanying material to Beta Engineering to review Lot 1B to see if their conclusions are the same as in the Ransom report and whether or not we should continue the moratorium on the area encompassed by the Ransom Report. The motion was seconded by Mr. Carroll, which then passed unanimously.
Motion by Mr. Bollin that the Council, send a letter to Director Michael Sullivan of RIDEM to direct N.E. Gas Company to conduct testing on lots south of Judson Street as had been done on properties North of Judson St.
At this time Councilor Bollin recused himself from discussion on the following Agenda Item and left the Council table.
Wastewater Commission-John Lincourt-Request Approval to Allow Installation of Gravity Sewer Main in Lewis Street:
Mr. John Lincourt, Wastewater Collection Superintendent, Mr. Michael McKenna and Mr. William Smith of Civil Engineering Concepts were before the Council for approval to allow the installation of approximately 450 linear feet of 12” gravity sewer main in Lewis Street. The plan was designed by Civil Engineering and conforms to the existing Wastewater Facilities Plan, which was updated by Louis Berger Group in 2000.
The line would tie into the existing 12” sewer line installed by Starwood, which terminates at the north end of Lewis Street. The proposal would extend the 12” sewer line south along Lewis Street for approximately 450 feet and terminate with a manhole and cross the intersection of Salisbury Street. The line would cross in front of six lots, of the five lots other then Mr. McKenna’s, four have expressed their intention to tie in and be responsible for the construction, once constructed and tested, it would be turned over to the Town as a public sewer.
Mr. Leonard noted an issue in regards to the Starwood interceptor; the line had been turned over to the Town, however the Town had not legally accepted the line.
Mr. Carroll had no objections, therefore made a motion to accept the proposal as presented, and seconded by Mrs. Arruda.
Mr. Noel Berg of the Planning Board stated that in accordance to the Charter, the plan needed to be reviewed by the Board for recommendation. The applicant must follow the procedure requesting to be placed on the Planning Board Agenda.
Mr. Stuart Hardy member of the Conservation Commission opposed the proposal, stating that Lewis Street was not consistent with the Berger Plan, and before considering any piece meal expansions, the Wastewater Management Ordinance which is in the process of updating be completed.
Mr. Carroll amended his motion to refer the matter to the Planning Board for review at their earliest meeting, and make recommendation to the Council. The motion was seconded by Mrs. Arruda and passed unanimously.
Town Clerk-Council Meeting of December 26, 2005:
The regularly scheduled second meeting of the Council was for December 26, 2005, and the Town and State Offices are closing to celebrate the Christmas Holiday. Did the Council wish to reschedule or cancel the meeting?
Councilor Bollin moved to cancel the second meeting scheduled for December 26, 2005. Mr. Wyman seconded the motion, which then passed by vote of 5-2; Ms. Durfee and Mr. Medeiros opposed.
The Town Council was sitting as the Board of Licensing Commissioners:
Daniel Baxter-Dan’s Mobile Gift Shop-1159 Fish Road-Continued:
Mr. Baxter was not present.
Mr. Carroll made a motion that the matter be removed until such time Mr. Baxter wished to come back before the Council. Mr. Wyman seconded the motion, and passed unanimously.
Town Clerk-Renewal of Annual Drainlayers License-Subject to Meeting All Legal Requirements:
A list of the Drainlayers Licenses was attached to the Agenda request. Mr. Webster, Director of Public Works had issues with #10 on the list. Problems with filing permits, road overlays not completed from one year ago, and Bonds not sufficient to cover their projects. Mr. Webster recommended the Council not approve the license for No. Tiverton Fire District until all requirements had been met.
Mr. Wyman made a motion to approve the annual Drainlayers license as listed, except #10 as recommended by the Public Works Director. Mrs. Arruda seconded the motion, which then passed unanimously.
The Renewal of the Drainlayers License for 2006 were as follows:
| 1. Aquidneck Construction Inc. | 2. Boyle & Fogarty Construction Co. Inc. | 3. C.B. Utility Co. |
| P.O. Box 177 | 283 Farnum Pike | 99 Tupelo Street |
| Portsmouth, RI 02871 | Smithfield, RI 02917 | Bristol, RI 02809 |
| | | |
| 4. Cayman Development Corp. | 5. Grandview Construction Co. LLC | 6. J. & A Landscaping |
| 131 Barnswallow Road | 3626 Main Road | 911 Bulgarmarsh Road |
| Tiverton, RI 02878 | Tiverton, RI 02878 | Tiverton, RI 02878 |
| | | |
| 7. Lannan Trucking Inc. | 8. Mello Construction | 9. New England Gas Company |
| 34 Broad Common Road | 87 Beacon Street | 100 Weybosset Street |
| Bristol, RI 02809 | Middletown, RI 02842 | Providence, RI 02903 |
| | | |
| 11. Parkside Utility Construction Corp. | 12. Quaker Hill Const. Co.Inc. | 13. ROC Construction Co., Inc. |
| 46 Molter Street | d/b/a Lauders Construction | 60 Dyerville Avenue |
| Cranston, RI 02910 | 1698 East Main Road | Johnston, Ri 02919 |
| Portsmouth, RI 02871 | | |
| | | |
| 14. S & D Contracting LLC | 15. Stone Bridge Fire District | 16. Chester R. Wilkie Jr. Excavating |
| 1676 Bulgarmarsh Road | 1761 Main Road | 211 Long Highway |
| Tiverton, RI 02878 | Tiverton, RI 02878 | Little Compton, RI 02837 |
TFD-Chief Lloyd-Request Award of Fire Code Plan Preparation Bid-Crescent Alarm, Little Compton, RI.
Fire Chief Lloyd had previously requested to advertise bid requests for the plan preparation and the installation for Fire Alarm compliance for municipal buildings in Town, however had been directed to advertise separate bids, first for the plan preparation, and later advertise for the installation of the systems.
The bid request for the plan preparation had been advertised, one bidder responded, with a total cost of $8,750.00 to prepare blueprints for seven buildings.
Discussion ensued as to whether there was a person in the Fire Department with the expertise to prepare specifications. Usually the contractor would provide proposals with the plans and also do the installation. The Fire Chief requested that the bid be readvertised for proposals for the required Fire Alarm compliance for the buildings in need of upgrade
Mr. Wyman moved to Table the Bid Award as requested by the Fire Chief. Mr. Carroll seconded the motion. The motion passed unanimously.
Councilor Bollin made a motion to allow the Fire Chief go to bid to upgrade the seven municipal buildings fire alarm systems as required for Fire Alarm Compliance. Mr. Carroll seconded the motion. The motion was unanimous.
Continued Public Hearing-Amendment of Article XIV, Section 5-Nonconforming Development:
Mr. Noel Berg member of the Planning Board had submitted the re-drafted proposed amendment to Article XIV and made recommendation to continue the Public Hearing to allow for public review. The Town Solicitor, Andrew M. Teitz thanked the Planning Board for preparing the proposed amendment, and suggested that the Public Hearing be continued to the second meeting in January of 2006 with the other Public Hearing –Amendment to Article XXII, Low and Moderate Income Housing.
A motion was made by Mr. Wyman, seconded by Mr. Bollin to continue the Public Hearing to the Council Meeting of January 23, 2006. The motion passed unanimously.
Correspondence Received From John Staskiewicz Regarding Ceremony for Daniel Joseph Staskiewicz Eagle Scout on December 28, 2005.
Councilor Carroll requested that the Town Clerk send a letter of recognition to Daniel Joseph Staskiewicz on behalf of the Council, or have some representation on December 28, 2005.
1. Thanked the Council again for the beautiful painting done by local artist Kelly McDonald.
2. The Police Department conducting Toys for Tots Program, soliciting donations. Contact Police Department if anyone knows of needy families or needy organizations.
3. Mr. Souza had attended a ceremony in Fall River, dedicated to a hometown hero, Mr. David Perry for his leadership and volunteerism for the Food Pantry. Mr. Perry was awarded proclamations presented by the Mayor of Fall River. Mr. Souza and the Council commended Mr. Perry.
4. Wished everyone Happy Holidays.
Councilor Leonard made a comment that Mr. Pimental a member of the Budget Committee was now living in Florida with no notice of his resignation. The matter to be referred to Mr. Cotta as Chair of the Budget Committee.
Councilor Arruda congratulated the Planning Board on receipt of State approval of the Low and Moderate Housing Plan.
President Durfee noted that no work had been done to move the Gazebo.
Mr. Carroll wished everyone Happy Holidays.
Andrew M. Teitz reported that Mr. Shamoon would be available to discuss the Development Impact Fees at the January 23, 2006 Council Meeting.
Ms. Jeanne Scott had begun the case in Court against Mr. Berube on Friday and was continued to Tuesday.
Requested to add an item to the Agenda, Town Clerk’s Certificate, last August 15, 2005 Council approved the purchase of property Also requested that the Council President be authorized to sign all the closing documents, and that Council enter into a Promissory Note, payment to be paid in two installments, $50,000 now and $64,000 by March 30, 2006 with no interest.
Councilor Bollin made a motion to add to the Agenda, Town Clerk’s Certificate. Councilor Leonard seconded the motion. The motion carried unanimously.
Councilor Bollin moved to allow the Council President to act singly in executing the documents and that the Council enters into the Promissory Note with the Seller. Mr. Carroll seconded the motion, which passed unanimously.
Litigation Disposition of Property-42-46-5(5)-Agreement Between Town and New England Property Holdings, LLC (NEPH)
Town Solicitor for clarification purposes, the Agenda should be listed at Disposition of Property
Councilor Bollin moved to enter into Executive Session pursuant to 42-46-5(5) discussion of Disposition of Property. Councilors Leonard and Wyman seconded the motion. The motion carried unanimously.
The Council entered into Executive Session at approximately 9:50 p.m.
The Council returned to Open Session at approximately 10:35 p.m.
Council President Durfee stated for the record that no action was taken in executive session.
Councilor Bollin motioned to seal the minutes. Seconded by Councilor Carroll, passed unanimously.
Councilor Bollin motioned to adjourn, seconded by Councilor Carroll. Unanimous.
Meeting adjourned at approximately 10:40p.m.
A True Copy.
ATTEST: _______________________________
Nancy L. Mello, Town Clerk