STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS COUNTY OF NEWPORT
The Town Council of the Town of Tiverton, County and State aforesaid held a Regular Council Meeting on
Monday, April 6, 2020 at 7:00 via a Virtual Meeting viewable at Tiverton Videos on YouTube.
Council President Hilton called the meeting to order with the pledge of allegiance to the flag.
| Council President Hilton | Councilor Perry | Council Edwards |
| Vice-President deMedeiros | Councilor Clarke | Town Clerk Mello |
| Councilor Cook | Councilor Driggs | Solicitor Marcello |
| Assistant Solicitor DeCosta | Town Administrator Cotta | Deputy Clerk Veegh |
A. Council Ratification of Tiverton Executive Order 2020-07 Relating to Postponement of Financial Town Referendum – Effective March 26, 2020
1. Councilor Driggs – Review and Discussion of the Issuance of Emergency Orders by the Council President and Consultation/Notification/Input by Town Council Members
2. Solicitor Comments Regarding Executive Orders
Council President Hilton noted there have been recent daily conference calls with the State and League of Cities and Towns, addressing COVID – 19, as well as looming financial issues. The Town receives close to 13 million annually in State revenue, however, projections for next fiscal year are unclear. A recent call with Senator Reed confirmed the State was to receive $1.25 billion in federal aid to be used for COVID related expenses only. She believed setting an operational budget without viable revenue estimates would be difficult. After discussions with the Budget Chair, Vice President deMedeiros and the Solicitor, she felt it prudent to postpone the FTR.
Solicitor Marcello explained timing of the FTR postponement as important due to a potentially greater legal issue if the Budget Committee’s April 2 deadline had passed. All subsequent deadlines could then be forwarded to reflect the new FTR date of June 20. His backup contained a written analyses supporting legality of the actions of Town Council President Hilton during the current state of emergency.
Councilor Driggs expressed concern that Executive Orders 2020-07 - 2020-09 were improperly issued by Council President Hilton. She contended they were not imminent emergencies by definition, therefore done in violation of Tiverton’s Town Council Governance Policy 7(a) which gives the Council President authority to act when emergency action is required “for which time or circumstances do not permit bringing before the entire Town Council.” She additionally alleged that Order 2020-07 violates state law by moving the date of the Financial Town Referendum, which should require the Governor’s authority.
Solicitor Marcello agreed that only the Governor can change a state statute, but furthered that the powers of Council President, as CEO of the Town, are coterminous with those of the Governor, therefore allowed her the authority to issue the executive orders. He further explained that after the Council ratification of Executive Order 2020-02, which officially declared a state of emergency, there is no provision that requires subsequent orders to be ratified by the Council.
Councilor Cook weighed in with concerns that sufficient information, reports etc. not provided in advance as well as lack of discussion and input diminished her ability to best serve the Town.
Discussion continued back and forth until Solicitor Marcello finished by opining that the Council President had acted within her authority to sign the orders and that during emergency declarations, decisions sometimes must be made quickly.
Councilor deMedeiros motioned to approve Tiverton Executive Order 2020-07 Relating to Postponement of Financial Town Referendum – Effective March 26, 2020. Councilor Edwards seconded the motion. The Motion passed 5-2 on a roll call vote, with Councilors Driggs and Cook opposed.
B. Council Ratification of Tiverton Executive Order 2020-08 Prohibiting Open Burning in the Town of Tiverton
1. Fire Chief Mollo Correspondence
Councilor Cook had concerns that suspending the permits may not work since many might likely burn without permits anyway. Councilor Edwards has reservations as well, suggesting this is held for a few weeks to determine if there is a problem. Councilor Clarke believed the order be supported.
Councilor deMedeiros motioned to approve Tiverton Executive Order 2020-08 Prohibiting Open Burning in the Town of Tiverton. Councilor Perry seconded the motion. The Motion passed unanimously on a roll call vote.
C. Council Ratification of Tiverton Executive Order 2020-09 Extending the “Grace Period” of Fourth Quarter Property Tax Payments
Councilor Hilton explained the idea behind the order was to align with other communities that were extending the grace period for interest penalties on property tax payments, citing a tough financial month for many due to unemployment and small business struggles.
Councilor Edwards motioned to approve Tiverton Executive Order 2020-09 Extending the “Grace Period” of Fourth Quarter Property Tax Payments. Councilor deMedeiros and Perry both seconded the motion. The Motion passed 5-2 on a roll call vote, with Councilors Driggs and Cook opposed.
D. Council Vote to Amend and Extension of Tiverton Executive Orders:
1. Executive Order - #2020-04 – Fourth Supplemental Declaration of State of Municipal Emergency Setting further limits of gathering to ten (10) or fewer people and regulating the sale of beer and wine by Class B liquor licenses in the Town of Tiverton
2. Executive Order - #2020-05 – Supplemental Declaration of State of Municipal Emergency
3. Executive Order - #2020-06 - Establishing a 14 Fourteen Day Self Quarantine for Certain Categories of Persons
Councilor Edwards motioned to Extend Tiverton Executive Orders 2020-04, 2020-05, and 2020-06 through May 11, 2020. Councilor deMedeiros seconded the motion. The Motion passed unanimously on a roll call vote.
E. Council Vote to Ratify Interim Town Administrator Christopher Cotta’s Employment Agreement
Councilor deMedeiros motioned to Ratify Interim Town Administrator Christopher Cotta’s Employment Agreement. Councilor Edwards seconded the motion. The Motion passed unanimously on a roll call vote.
F. Approval of Town Council Minutes
1. Special Council Meeting March 17, 2020 – Councilor deMederios Abstains – Absent
2. Regular Council Meeting March 23, 2020
3. Executive Session Minutes March 23, 2020
Councilor Edwards motioned to approve Town Council Minutes F-1, 2 & 3. Councilor Perry seconded the motion. The Motion passed unanimously on a roll call vote.
Councilor Edwards motioned to adjourn the meeting. Councilor Perry seconded the motion. The motion passed unanimously. The meeting adjourned at 8:40 p.m.
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk