STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS COUNTY OF NEWPORT

 

The Town Council of the Town of Tiverton, County and State aforesaid held a Special Council Meeting on Tuesday the 16th day of June 2020 at 7:00 p.m. via a Virtual Meeting viewable at Tiverton Videos on YouTube.

 

1. CALL TO ORDER

 

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Council President Hilton called the meeting to order with the pledge of allegiance to the flag.

 

3. ROLL CALL

 

Council President Hilton

Vice-President deMedeiros (absent)

Councilor Clarke

Councilor Cook

Councilor Driggs

Councilor Edwards

Councilor Perry                  

 

 

 

Acting Town Administrator Chris Cotta, Solicitor Marcello, Assistant Solicitor Travis DeCosta, Town Clerk Mello and Deputy Clerk Veegh were also present

 

Council President Hilton called the meeting to order with the Pledge of Allegiance to the Flag.

 

4. OPEN SESSION

 

A. Council Approval of Proposed Resolution to General Assembly in Support of Urging Immediate Passage of H-8015 to aid the Town and other municipalities in their efforts to pass local budgets and tax levies in accordance with their Home Rule Charters while maintaining adequate cash flow to ensure the financial stability of the municipal government

 

Council President explained the need for House Bill 8015. As discussed previously, State law allows municipalities to roll forward their existing budget, but without the ability to tax and collect the levy.  The House and Senate Committees have approved the appropriate Bills and it is now headed for the full General Assembly for votes.  The League of Cities and Towns have requested all communities involved provide a resolution of support.

 

Discussion followed with some confusion to the full print out of the copy of the Bill H-8015. Assistant Solicitor DeCosta read the section that was not clear beginning at (b) line 13 on first page.

 

Councilor Edwards motioned to approve the proposed resolution to General Assembly in Support of Urging Immediate Passage of H-8015 to aid the Town and other municipalities in their efforts to pass local budgets and tax levies in accordance with their Home Rule Charters while maintaining adequate cash flow to ensure the financial stability of the municipal government.  Seconded by Councilor Perry.  Discussion followed.

 

Councilor Cook had concern with reference to being retroactive to March 9th and general concern with emergency declarations. Assistant Solicitor DeCosta explained March 9th is the date the State of RI declared the state of emergency pursuant to RI law. Each local community would have different dates that they declared. Councilor Hilton continued, real crux of problem is Town has no ability to tax and collect the levy.  Seventeen communities in this position.  Tiverton resolution resembles other communities.

 

Councilor Driggs not in agreement that Town is prevented from having public hearing by zoom.  Solicitor Marcello joined meeting, informed the public hearing laws allow to be done remotely under governor’s emergency order.  Public Hearings require live, public participation.  Exempted only by open meeting law due to Covid emergency. Legislation is to help communities that have FTM or Referendums by allowing them to carry over last year tax levy already approved by voters temporarily until FTM or Referendum can be held.

 

Councilor Driggs raised issue with wording in last “whereas” section of resolution.  Suggests change “could have” to” has”.

 

Councilor Driggs motioned to amend the motion to change “could have to has” in last “whereas” section.  Seconded by Councilor Clarke, motion passed 4-1-1.  Councilor Edwards opposed and Councilor Perry abstained.

 

Councilor Clarke motioned to pass the motion as amended and to add language for the Senate companion Bill.  Seconded by Councilor Cook, motion passed unanimously.

 

B. Vote to authorize Council President to sign the Resolution

 

Councilor Edwards motioned to authorize the Council President to sign the resolution and include the Senate companion bill.  Seconded by Councilor Cook, motion passed unanimously.

 

At this time, Council President Hilton thanked the League of Cities and Towns for their leadership and Solicitor Michael Marcello for all the wok he did to help draft the legislation.  Also, our local delegation Senator Walter Felag, Senator Lou DePalma, Senator James Seventy, Representative Dennis Canario and Representative Jay Edwards who sponsored the Bill. Town is appreciative of their assistance.

 

ADJOURNMENT:

 

Councilor Edwards motioned to adjourn, seconded by Councilor Driggs.  Motion passed unanimously.

 

The meeting adjourned 7:40 p.m.

 

A True Copy.

 

ATTEST:   _______________________________

Nancy L. Mello, Town Clerk

 

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