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 27, 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.
Present:
| Council President Hilton | Councilor Perry | Council Edwards |
| Councilor Clarke | Town Clerk Mello | Town Administrator Cotta |
| Councilor Cook | Councilor Driggs | Solicitor Marcello |
| Vice-President deMedeiros | Treasurer Saurette | Deputy Clerk Veegh |
A. Approval of Town Council Minutes
1. April 13, 2020 – Regular Meeting
B. Acknowledge Receipt of Reports
1. Police and Fire Department overtime reports – March 2020
2. Department Monthly Reports – March 2020
3. Treasurer – Denise Saurette – March Budget and Revenue Reports
C. Acknowledge Receipt of Correspondence
1. Town of Barrington – Resolution in support of legislation to establish and Ocean State Climate Adaptation and Resilience Fund (OSCAR)
2. Town of Barrington – Resolution of support of H7264 and S2130 Large Capacity Feeding Device Ban Act of 2020
3. DEM Public Notice – Dredge Permit for Block Island Harbor of Refuge
Councilor Driggs removed Consent Agenda item B-3.
Councilor Edwards motioned to approve Consent Agenda items with the exception of B-3. Councilor Perry seconded the motion. The Motion passed unanimously on a roll call vote.
Councilor Driggs questioned current third party billing practices relative to the upcoming public hearing in May. Treasurer Saurette explained that revenue was being collected at currently published rates.
Councilor Edwards motioned to approve Consent Agenda item B-3. Councilor Perry seconded the motion. The Motion passed unanimously on a roll call vote.
The Public was encouraged to send written comments via email to publiccomment@tiverton.ri.gov or by regular
mail to the Town Clerk at 343 Highland Road, Tiverton, RI 02878 or placing in the grey drop box located outside Town Hall by 12:00 noon on Monday, April 27th.
Carol and Richard Guimond wrote to congratulate and thank the Recreation Committee for the Town Farm grant award.
A. Open Space Commission - (9) Member Board (3) Year Terms (5) Vacancy
1. Jean Paul Forcier, 65 Bobbin Hill Road - Requests Re-Appointment to Expire 4/15/2023
2. Gayle Lawrence, 108 Long Pasture Way - Requests Re-Appointment to Expire 4/15/2023
B. Conservation Commission - (7) Member Board (3) Year Terms (4) Vacancy
1. Thomas Ramotowski, 17 Beaudoin Road - Requests Re-Appointment to Expire 4/15/2023
2. Lizabeth Cottrell, 1696 Fish Road - Requests Re-Appointment to Expire 4/15/2023
C. Cemetery Commission - (5) Member Board (3) Year Terms (2) Vacancy
1. Robert Sedoma, 19 Bayview Avenue - Requests Re-Appointment to Expire 4/15/2023
D. Historical Cemeteries Commission - (5) Member Board (3) Year Terms (3) Vacancy
1. Robert C. Martin, 313 Neck Road - Requests Re-Appointment to Expire 4/15/2023
Councilor Perry motioned to waive policy and move to vote on the board re-appointments today. Councilor Edwards seconded the motion. The motion passed unanimously on a roll call vote.
Councilor Perry motioned to approve the relative re-appointments of Jean Paul Forcier and Gayle Lawrence to the Open Space Commission. Councilor Edwards seconded the motion. The motion passed unanimously on a roll call vote.
Councilor Driggs motioned to approve the relative re-appointments of Thomas Ramotowski and Lizabeth Cottrell to the Conservation Commission. Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
Councilor Edwards motioned to approve the relative re-appointment of Robert Sedoma to Cemetery Commission. Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
Councilor Edwards motioned to approve the relative re-appointment of Robert C. Martin to Historical Cemeteries Commission. Councilor Driggs seconded the motion. The motion passed unanimously on a roll call vote.
A. Police Chief Jones - Approval of budget transfers
1. From 33307100 (Code Red) to 33306667 (Operation) for $2,500.00
2. From 33306928 (Education/Seminar) to 33306648 (Auto) for $1,000.00
3. From 33306748 (Software) to 33306648 (Auto) for $1,000.00
4. From 33305498 (In-service Training) to 33306648 (Auto) for $1,500.00
Councilor Edwards motioned to approve the relative transfer requests 8-A (1-4). Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
B. Fire Chief Mollo – Approval of budget transfers
1. From 3310-5107 (Paid Holiday) to 3310-5111 (EMS Incentive) for $3,600.00
2. From 3310-5108 (Longevity) to 3310-5111 (EMS Incentive) for $9,100.00
3. From 3310-5100 (Chief’s Salary) to 3310-5111 (EMS Incentive) for $2,800.00
4. From 3310-5102 (Clerical Personnel) to 3310-5168 (Clothing Allowance) for $5,330.00
5. From 3310-5101 (Personnel Salary) to 3310-5112 (Fire Marshal Inspections) for $985.00
Councilor Edwards motioned to approve the relative transfer requests 8-B (1-3, 5). Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
Councilor Edwards motioned to continue transfer request 8-B-4 to the following meeting. Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
Councilor Cook motioned to move agenda item 8-F out of order. Councilor Driggs seconded the motion. The motion passed 6-1 on a roll call vote with Councilor Edwards opposed. .
F. Councilor Cook – Update on Aquaculture issues
Councilor Cook noted that the Tiverton MOU with CRMC meeting was rescheduled due to recent COVID-19 executive Orders and Solicitor Marcello was working on its rescheduling. She furthered that Commission Chair Bruce Cox is working on the updated HMP and that CRMC received two commercial viability aquaculture applications for waters adjacent to Tiverton. She finished by advising that application for oyster aquaculture in the Sakonnet River begins thirty day public notice today, with comments due to CRMC by June 2, 2020.
C. Town Administrator/DPW Director Rogers - Approval of budget transfers
1. From Fund #255 (Restricted Recycling Account) to 5530-7198 (Recycle Center Plan) for $15,000.00
Councilor Edwards motioned to approve the relative transfer request 8-C-1. Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
D. Town Administrator/Treasurer – Discussion on Budget Expense and Revenue Reports Regarding Potential FY19/20 Shortfalls
Administrator Cotta noted that there are new unanticipated expenses related to the COVID-19. His backup contained written guidance from FEMA that made clear CARES funds may not be used for revenue shortfalls. He was concerned that although the medical billings will help, we could be facing a potential 2.2 mil shortfall in revenue projections. All state wide non-essential businesses have shut down and revenue shares were uncertain. He had sent an executive order to all departments to stop all discretionary spending. Guidance from the State may not come until late May or early June but will impact both FY 20 and 21. The Division of Municipal Finance had no information yet with regard to the 1.8 mil gaming guarantee.
Treasurer Saurette weighed in noting that 95k in motor vehicle tax rebates had been received as well as 3rd Q gaming and rescue revenue. She furthered that we are at a 96% collection rate with approx. 1.5 mil remaining on the levy to collect between now and end of June. The big question is the gaming revenue.
E. Councilor Cook – Resolution in support of extension of landfill closure
Councilor Cook read her resolution draft which would have the Council support a deferment on the landfill capping construction project and request a two year extension for the closure.
Councilor Cook motioned to approve the Resolution in Support of Extension of Landfill Closure. Councilor Driggs seconded the motion.
Administrator Cotta doubted any extension request would be granted, but recommended that Tim Thies with Pare Engineering be brought in to assist and potentially help craft a more suitable resolution.
Councilor Cook motioned to amend her original motion to table the item until the May 26, 2020 meeting. Councilor Edwards seconded the motion. The motion passed 6-0 on a roll call vote (Councilor deMedeiros was unavailable for this vote).
G. Council President Hilton – Requests Recycling Center cost updates from Town Administrator
Administrator Cotta summarized information garnered from DPW Director Rogers and Pare Engineering. He explained a $69,000 cost increase from January to March was primarily due to water main and electrical service increases. He additionally broke down several additional options for potential savings of $50,000 - $75,000. He noted that additional savings may be possible if the DPW did some of the actual work.
H. Town Administrator – Discussion and vote to start application filing process for freshwater wetlands permit with DEM
Councilor Edwards motioned to approve to start application filing process for freshwater wetlands
permit with DEM. Councilor Clarke seconded the motion. The motion passed unanimously on a roll call vote.
I. Council President Hilton – Approval for High School Senior Class officers for Congratulations Banner at Bulgarmarsh Playground and/or Grinnell’s Beach
Councilor Edwards motioned to approve High School Senior Class officers for Congratulations Banner at
Bulgarmarsh Playground and/or Grinnell’s Beach. Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
Councilor Perry motioned to approve to amend agenda to include an update (9-A-6) from the Recreation Chair re: DEM projects and applications for local parks pursuant to RIGL §42-46-6(b). Councilor Edwards seconded the motion. The motion passed unanimously on a roll call vote.
A. Town Administrator
1. Update on FY20-21 municipal budget and Financial Town Referendum Deadlines
a. Councilor Cook – Agenda request comments
b. Town Administrator Memorandum to Council
Administrator Cotta provided memos to the Council related to preparing budgets/levies for FY21 sans appropriate guidance from the Office of Municipal Finance. He clarified there was no suggesting to eliminate an FTR, but believed it would be foolhardy to force the Budget Committee to put forth a budget without valid information.
Councilor Driggs noted her belief that the FTR should proceed and the Budget Committee work with the best information they have at the time.
Council President Hilton interjected that under State law, we can roll over last year’s budget, but cannot roll over the previous year’s tax levy.
Solicitor Marcello clarified the legal issue many cities/towns were facing was waiting for guidance from the General Assembly with regard to carrying forth budgets without the ability to tax/fund such budgets. One of the compromises other cities and towns are considering is to continue budget and levy for one quarter (90 days) to allow time to put together a FY21 budget based on better information. He reiterated there was no consideration on any level to eliminate FTR’s.
President Hinton believed it would be grossly unfair to the Budget committee to be forced to put forth a budget using revenue numbers prior to the COVID issue. In turn, this would give an enormous advantage to a potential petitioner budget that would benefit from updated financial information.
2. Status on Town road paving
Two areas of Town near CVS and Riverdale area are in process with finish coats completed. The DPW expects to spend all of the paving monies except approx. 20k that will be used for loam and seed.
3. Status on Senior Center repairs
The roof, rear siding, water line and handicap parking signs projects have been completed. The sided replacement on the remaining building sides may be deferred until next year.
4. Beach and Recreational parking areas
Recent signage has been installed that stipulate the Governors’ orders that out of state day-trippers are requested to leave. The Police Department has been monitoring but no ticketing is being enforced as of yet.
5. Covid-19 updates
Police and Fire staff has been diligently following all appropriate safety protocols. Currently there are no employees with symptoms and all tested have had negative results. Currently there is enough PPE and a new delivery from FEMA is expected this week.
6. Update from the Recreation Chair Gilfillen re: DEM projects and applications for local parks
Recreation Chair Stu Gilfillen was pleased to relay that the $375,000 grant application was approved by RIDEM that will be used for the Town Farm renovations, to include a new playground, adult fitness area and 6 pickleball courts. He wished to thank the entire Recreation Committee, DPW Director Rogers, former Town Administrator Jan Reitsma, Councilors Hilton and Perry and Police Chief Jones for their invaluable contributions. He noted a new website (recreatetownfarm.org) will be in place to detail progress and receive future donations.
B. Solicitor Marcello
1. Decision on William C. McLaughlin and Deborah McLaughlin v. Town of Tiverton, Town Defendants,
and Mancini Demolition, Inc.
Solicitor Marcello updated that effectively the Town has won the relative suit that had been pending in United States Federal District Court for the District of RI. However, the Plaintiffs have exercised a 30 day right to appeal, therefore, the case will now go to the First Circuit to review the trial judge’s decision.
2. Decision on Cook v. Tiverton Town Council (Finding of no OMA violation by A/G Office)
Solicitor Marcello advised that the Town has prevailed on the relative complaint, as the Attorney General’s office found no OMA violations.
3. Katz v. Tiverton Library Board of Trustees
The relative case will be defended by the Library’s own Council.
4. Final Separation Agreement with prior Town Administrator Reitsma
A final signed separation agreement is now complete.
5. William Munroe Memorandum of Termination Agreement
A final signed termination agreement is now complete.
C. Town Clerk
1. Update on Financial Town Referendum
Clerk Mello noted that she must proceed by the dates mandated by the Charter and also is anxiously awaiting State information relative to public hearings etc.
2. Update on Presidential Preference Primary June 2, 2020
Clerk Mello updated that the office has received numerous calls from voters confusing the Presidential Preference Primary with the Town elections. She explained the Board of Elections had sent of mail ballot applications to all 13,400+ eligible voters. There will only be one polling location on June 2, 2020 at the Tiverton high school gymnasium, with social distancing requirements in place. She furthered that there has been difficulty in poll worker recruitment and creating a huge amount of work in the clerk’s office. She finished noting the last day to register will be on May 3, from 1-4 pm at the police station.
Councilor Edwards motioned to adjourn the meeting. Councilor Driggs seconded the motion. The motion passed unanimously. The meeting adjourned at 9:40 p.m.
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk