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, July 13, 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.
Members present
| Council President Hilton | Councilor Perry | Council Edwards |
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| Vice-President deMedeiros | Councilor Clarke | Town Clerk Mello |
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| Councilor Cook | Councilor Driggs | Assistant Solicitor DeCosta |
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| Town Administrator Cotta and Town Clerk were also present | |||
President Hilton read the items on the Consent Agenda.
Note 3: All items listed within the Consent Agenda are to be considered routine by Town Council and will ordinarily 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 and the Town Council President permits, in which event the item will be removed for separate consideration later on the agenda.
A. Approval of Town Council Minutes
1. June 8, 2020 – Regular Session
B. Acknowledge Receipt of Reports
1. Police and Fire Department overtime reports – June 2020
2. Department Monthly Reports – June 2020
3. Treasurer’s Office - Update Financial Status as of June 30, 2020
C. Acknowledge Receipt of Correspondence
1. Town of Middletown – Resolution in opposition to S-2547/H-7900, An Act Relating to Aeronautics –
Airports and Landing Fields
2. Smithfield School Department – Amend Article I Resolution supporting H7575/S2711 adding
Section 24. Right to an adequate education.
3. Town of Burrillville – Resolution Defending the Rights of Burrillville Citizens Guaranteed Under the
First Amendment to the United States Constitution and Declaring Burrillville a “First Amendment
Sanctuary Town”
Councilor Cook removed Consent Agenda item 4-A-1 and 4-B-1.
Councilor Edwards motioned to approve Consent Agenda items with the exception of 4-A-1 and 4-B-1. Councilor Perry seconded the motion. The Motion passed unanimously by roll call vote.
Councilor Cook – 4-A-1 - Councilor Cook requested an update as to whether or not the Municipal Facilities Maintenance Committee has been set up as suggested in 9-A of the June 8, 2020 minutes. Administrator informed he has not set the committee yet as he is attempting to get all information together relative to prior committee.
Councilor Cook – 4-B-1 - Councilor Cook questioned the Fire department overtime being over $2000 for the last two pay periods. Administrator Cotta will have a detailed update by the next Council meeting.
Councilor Cook motioned to approve Consent Agenda item 4-A-1 and 4-B-1. Councilor Edwards seconded the motion. The Motion passed unanimously.
The Public May 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 place in the grey drop box located
outside Town Hall by 12:00 noon on Monday, July 13th.
A. Comments received
Council President read 2 public comments received.
1. Christopher Clarendon regarding access to mooring at the cove of Fogland Beach
2. Brian McCarthy requesting flag at Fort Barton be replaced
Council President Hilton stated both comments received would be forwarded to the Town Administrator
A. Approval of proposed amendment to CHAPTER 67, FLOOD PLAIN MANAGEMENT PROGRAM
regarding changes defined by the Newport County Flood Insurance Study (FIS)
report dated June 19, 2020 and approved by the Town Council on May 11, 2020
Town Administrator explained the Town received new FEMA Floodplain Management maps and was told to upgrade our zoning ordinances to reflect the new areas. Town advertised and held a public hearing. The ordinance was amended as passed. Now FEMA wants the Town to rescind the amendment. Maps are tied into Cape Cod area and they did not get their ordinances amended within the time frame. FEMA is requiring all cities and towns that met the requirements to rescind their ordinance amendments and will again attempt at later date.
Council President Hilton opened the public hearing. No one wished to speak. Public hearing was closed. Council had no comments.
Councilor Edwards motioned to approve the proposed amendment to Chapter 67, Flood Plain Management Program regarding rescinding changes defined by the Newport County Flood Insurance Study (FIS) report dated June 19, 2020 and approved by Town Council on May 11, 2020. Seconded by Councilor Cook, motion passed unanimously by roll call vote.
A. Planning Board – (9) Member Board/(3) Year Terms/(3) Vacancy
1. Christine M. Shea, 2148 Main Road - Requests New Appointment to Expire 7/15/23
Christine Shea joined meeting via zoom and gave a brief explanation of her experience and interest in becoming a member of the Planning Board.
Councilor Cook motioned to waive the appointment process for new applicants since there is an opening and Christine was the only applicant who appears to be very qualified. Seconded by Councilor Edwards, motion passed unanimously by roll call vote.
Councilor Edwards motioned to appoint Christine M. Shea to the Planning Board for a (3) year term to expire 7/15/2023. Seconded by Councilor Driggs, motion passed unanimously by roll call vote.
B. Planning Board – (9) Member Board/(3) Year Terms/(3) Vacancy
1. David Perry, 78 Bramble Way - Requests Re-Appointment to Expire 7/15/23
C. Planning Board – (9) Member Board/(3) Year Terms/(3) Vacancy
1. Susan Gill, 1392 Main Road - Requests Re-Appointment to Expire 7/15/23
Councilor Edwards motioned policy for both requests for reappointments to the Planning Board be waived. Seconded by Councilor Perry, motion passed unanimously by roll call vote.
Councilor Edwards motioned to re-appoint David Perry to the Planning Board for a (3) year term expiring 7/15/23. Seconded by Councilor Perry, motion passed unanimously by roll call vote.
Councilor Edwards motioned to re-appoint Susan Gill to the Planning Board for a (3) year term expiring 7/15/23. Seconded by Councilor Driggs, motion passed unanimously by roll call vote.
8. BOARD OF LICENSING (ADVERTISED)
A. Jonathan Snider/Tiverton Land Trust – Request approval of a Special Event permit for Drive-In Movie Night – Pardon Gray, Saturday, August 1, 2020 at 8:30pm
Councilor Edwards motioned to approve the Special Event permit for a Drive-In Movie Night at Pardon Gray on or about Saturday, August 1, 2020 at 8:30 pm. Seconded by Councilor deMedeiros, motion passed unanimously by roll call vote.
A. DPW Director Rogers – Request Approval of Budget Transfers
1. Acct 5540-6451 (Snow Removal) to 5540-6240 (Uniform Rental) $2025
2. Acct 5540-6451 (Snow Removal) to 5540-7423 (Supplies/Misc.) $240
3. Acct 5540-6451 (Snow Removal) to 5540-6914 (Water/Sewer) $7000
4. Acct 5540-6451 (Snow Removal) to 5530-6240 (Uniform Rental) $211
5. Acct 5530-7139 (Engineering Testing Permits) to 5530-7198 (Recycle Center Study) $9400
6. Fund 255 (RIRRC Recycle Fund) to 5530-7198 (Recycle Center Study) $6102
Director Rogers informed Council the uniform rentals were from the prior company and bill was lost or missing. The $7000 for water/sewer is due to a water line break at DPW on November1, 2019. One million gallons of water was lost before they were able to find the break. Old infrastructure. Director has received an invoice from the North Tiverton Water District and forwarded it to the Interlocal Trust. It appears it is not covered. Looking to encumber the funds and will continue research. NT Fire District is not demanding payment at this point but did submit the bill. Break was on Town property and not the road.
Request for transfer of $6,102 for Recycle Center study is due to DEM requiring additional permits.
Councilor Edwards motioned to approve DPW Director requests of budget transfers 9A-1, 2, 4, 5 and 6. Seconded by Councilor deMedeiros, motion passed unanimously.
Councilor Cook questioned the status of the landfill extension. Administrator informed the meeting is scheduled for the 16th. Councilor Hilton suggested Town still needs to move forward at least with the engineering.
Councilor Edwards motioned to deny the North Tiverton Fire District bill. Motion failed for lack of a second.
Councilor Hilton motioned to transfer the $7000 to water/sewer account but not to be expended without final determinations from the Trust, Town Solicitor, Town Administrator and NT Fire District. Seconded by Councilor deMedeiros, motion passed unanimously.
A. Town Administrator Chris Cotta – Request Approval of Budget Transfers
1. Acct 2190-5270 (Dental Insurance) to 1050-7154 (Legal Solicitor) $13,763.24
2. Acct 2190-5270 (Dental Insurance) to 1120-7980 (Town Administrator) $4,768
3. Acct 2190-5268 (Health Insurance) to 1120-7980 (Unfunded liability) $89,496.40
4. Acct 3330-5102 (Police AFSME) to 3330-7423 (Police Supplies) $2726.31
Town Administrator informed $89,496 to unfunded liability is due to 2 major employee settlements paid out recently. Some transfers related to Covid expenses and hope to get reimbursed.
Councilor Edwards motioned, seconded by Councilor Perry to approve the Administrator’s request for approval of budget transfers A-1, 2, 3 and 4. Motion passed unanimously by roll call vote.
B. Council President Hilton – Discussion and vote on extension of FTR Resolutions as previously approved by the FTR on May 18, 2019
Councilor Hilton explained Council had voted to carry forward up to the first quarter of the budget and tax levy allowed by legislation; but didn’t carry forward the resolutions of the 2019 FTR such as PAYT, paving and restricted accounts. Resolutions should be carried forward until next FTR to continue to fund. Assistant Solicitor DeCosta added the vote to extend the FTR Resolutions would be to try and keep budget status quo.
Councilor Driggs voiced concerns with legislation. Councilor Hilton explained Tiverton did not write the legislation. The League of Cities and Towns wrote to assist several communities. Trying to ensure transparency within 90 days of having FTR.
Councilor Edwards motioned to approve extension of all FTR resolutions as previously approved by the FTR on May 18, 2019 until the next FTR. Seconded by Councilor deMedeiros, motion passed unanimously by roll call vote.
C. Council President Hilton - Discussion and possible vote for public hearing on proposed ordinance to
restrict and/or allocate casino revenue received pursuant to RIGL 42-61.2-7
Councilor Hilton began discussion requesting support for a possible ordinance regarding casino revenue to help avoid repeat of same fiscal emergency Town is experiencing in the FY 20 budget. The State guarantee of 3 million was not met and highly unlikely will be receiving in the next fiscal year. Casino revenue was placed in operating budget and when not received it creates an enormous financial shortfall. A prior proposed Charter amendment would have put restrictions and not allow all in operating budget, but it failed by only 13 votes and was heavily campaigned against by the TTA Association. Do not think people realized the risk by putting the casino revenue in the operating budget. Feels ordinance is worth considering. Putting 3 million dollars in the operational budget and then not receiving would create an unbalanced budget.
Council President Hilton continued explaining that part of the problem is nothing stops an alternate budget being placed on FTR with the 3 million in operating budget. Tiverton has only FTM or FTR system that allows an alternate budget to use their own revenue numbers. Should one go forward and pass it would be a huge problem.
Councilor Cook concerned should have a workshop on the issue. President Hilton reminded Council any Councilor can put forth an ordinance and getting close to deadline for the FTR. Lincoln also has an ordinance for their casino revenue.
Councilor Driggs concerned the proposed ordinance totally restricts the revenue and removes revenue from FTR. Stated concerned and read prepared statement. (attached at end of minutes)
Discussion followed. Councilor deMedeiros suggested possible resolution, would like people to have say. Councilor Clarke opined proposed ordinance should go forward. Councilor Perry would like to have public hearing and hear from people before deciding.
Councilor Edwards motioned to schedule a public hearing on the proposed ordinance to restrict and/or allocate casino revenue received pursuant to RIGL 42-61.2-7. Seconded by Councilor Clarke. Discussion continued.
Councilor Edwards motioned to call the question. Seconded by Councilor Clarke, motion carried 5 to 2. Councilors Cook and Driggs opposed.
Back to main motion, passed 5 to 2 on roll call vote. Councilors Driggs and Cook opposed.
D. Council President Hilton – Request for Councilors to submit FTR Resolutions and November ballot
questions for July 27, 2020 Council meeting
Councilor Hilton requested Councilors forward any potential FTR resolutions or November Ballot questions to the Town Clerk to place on the 7/27 meeting.
A. Town Solicitor - None
B. Interim Town Administrator – None
A. Town Solicitor – Litigation -42-46-5(a)(2) –Status update and settlement posture/authority for the
following tax appeal cases:
1. James Karam v. Tiverton (NC-2017-0119)
2. Tiverton Point, LLC v. Tiverton (NC-2017-0118)
3. Nebergall v. Tiverton (NC-2012-0004)
4. Westport I Trust v. Tiverton (NC-2013-0090)
Councilor deMedeiros motioned to enter executive session pursuant to 42-46-5(a)(2) Litigation – Status update and settlement posture/authority for the following tax appeal cases – James Karm v. Tiverton (NC-2017-0119), Tiverton Point, LLC v. Tiverton (NC-2017-0118), Nebergall v. Tiverton (NC-2012-0004), and Westport I Trust v. Tiverton (NC-2013-0090). Seconded by Councilor Edwards, motion passed unanimously by roll call vote.
Council entered executive session at approximately 8:55 pm.
Council returned to open session at approximately 9:15 pm.
Councilor Edwards motioned to seal the minutes of Executive Session. Councilor Driggs seconded the motion. The motion passed unanimously.
Councilor Edwards motioned to direct the Solicitor to act in accordance with the discussion held in executive session. Seconded by Councilor deMedeiros, motion passed unanimously.
Councilor Edwards motioned to adjourn the meeting. Councilor Driggs seconded the motion. The motion passed unanimously. The meeting adjourned at 9:20 p.m.
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk