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, March 23, 2020 at 7:00 at the Tiverton Town Hall, 343 Highland Road.
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 |
| Vice-President deMedeiros | Councilor Clarke | Town Clerk Mello |
| Councilor Cook | Councilor Driggs | Solicitor Marcello |
BUSINESS BROUGHT BEFORE THE COUNCIL
President Hilton read the items on the Consent Agenda.
A. Approval of Town Council Minutes
1. February 24, 2020 – Regular Meeting
2. February 24, 2020 – Executive Session
3. March 9, 2020 – Regular Meeting
4. March 9, 2020 – Executive Session
5. March 17, 2020 – Special Meeting – (Councilor deMedeiros Abstains – Absent)
6. February 29, 2020 – Special Meeting – (Councilor Edwards Abstains – Absent)
7. February 25, 2020 – Special Meeting – (Councilors Cook and Driggs Abstain – Absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Tiverton Recreation and Beach Commission – (3)
2. Board of Canvassers - (1)
C. Acknowledge Receipt of Reports
1. Police and Fire Department overtime reports – February 2020
2. Department Monthly Reports – February 2020
3. Pocasset Hill Cemetery Annual Report (2019)
4. Treasurer – Denise Saurette – February Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence
1. Renee Jones – Wingover Farm
2. Rhode Island Complete Count Resolution
3. Towns of Charlestown, Warren & South Kingstown – Resolution in Support of Acts Relating to Elections – Primary Election Dates
4. Town of Charlestown – Resolution in Support of Legislation to Establish an Ocean State Climate Adaptation and Resilience Fund
Councilor Perry removed Consent Agenda item 4-A-5 per
Councilor Edwards motioned to approve Consent Agenda items with the exception of 4-A-5. Councilor Perry seconded the motion. The Motion passed unanimously.
Councilor Edwards motioned to continue Consent Agenda item 4-A-4 to the next meeting. Councilor Perry seconded the motion. The Motion passed unanimously.
**THE FOLLOWING PUBLIC HEARINGS WERE CONTINUED TO THE APRIL 13, 2020 MEETING**
A. Approval of Proposed Amendment to the Resolution for Fines and Fees to Repeal the 3rd Party Billing Rescue Fees and Replace Language with “usual and customary rate for area as determined by Medicare or other insurance carrier”
B. DPW Director, Richard Rogers – Approval to Submit to RIDEM the ESS Group RIPDES Small MS4 Annual Report – 2019
C. Draft Design Study for the Mount Hope Bay Greenway Project and Approval to Submit Comments on Same and/or Request Project be Re-included in the State Transportation Improvement Plan (STIP)
1. Bike Tiverton Comments
2. DPW, Building & Zoning
3. Project Advisory Committee (PAC)
Councilor Edwards motioned to continue items 5- A, B and C to the April 13, 2020 meeting. Councilor Perry seconded the motion. The Motion passed unanimously.
A. Council President Hilton
1. Update, Discussion and Possible Approval of Recycling Center Site Plan
2. Possible Vote to Send Recycling Center Site Plan to DEM for Approval
President Hilton recommended that the item be continued as the memo from Pare was received just today and did not include an updated cost structure.
Councilor Cook contended that unanswered questions as to why the DPW grounds were deemed not ideal for the Recycle Center location. Councilor Edwards recommended that DPW Director Rogers be available at the next meeting to provide clarification.
Councilor Edwards motioned to continue items 6 – A (1, 2) to the April 13, 2020 meeting after receipt of updated cost estimates from Pare. Councilor Cook seconded the motion. The Motion passed unanimously.
B. DPW Director Rogers
1. Approval of Budget Transfer from 5540-5104 (Public Works - OT) To 5130-5108 (Maintenance Longevity) for $2,860.00
2. Approval of Budget Transfer from Fund #255 (Restricted Recycling Account) To 5530-7198 (Recycle Center Site Plan) for $15,000.00
Councilor Edwards motioned to approve the Budget Transfer from 5540-5104 (Public Works - OT) To 5130-5108 (Maintenance Longevity) for $2,860.00. Councilor Cook seconded the motion. The motion passed unanimously.
President Hilton noted a defect with transfer request 6-B-2, whereas the source account is restricted to landfill closure only.
Councilor Edwards motioned to continue the 6-B-2 Budget Transfer item until the April 13, 2020 meeting, and directing DPW Director to find an alternate source fund account. Councilor Cook seconded the motion. The motion passed unanimously.
C. Acting Administrator Mello
1. Approval of Budget Transfer from 2190-5268 (Health – Active) To 2300-5295 (Unfunded Liability) for $50,982.76
Councilor Edwards motioned to approve the Budget Transfer from 2190-5268 (Health – Active) To 2300-5295
(Unfunded Liability) for $50,982.76. Councilor Cook seconded the motion. The motion passed unanimously.
D. Police Chief Patrick Jones
1. Approval of Budget Transfer from 33306928 (Education/Seminars) to 33306667 (Operations) for $25,000.00
2. Approval of Budget Transfer from 33305102 (AFSCME Salaries) to 33305120 (Accreditation Stipend) for $5,000.00
3. Approval of Budget Transfer from 33305498 (In-service training) to 33306930 (Radio Communications) for $1,000.00
4. Approval of Budget Transfer from 33306928 (Education/Seminars) to 33306648 (Auto, tires, parts, maint.) for $5,000.00
5. Approval of Budget Transfer from 33305168 (Clothing allowance) to 33306969 (Medical supplies) for $2,500.00
6. Approval of Budget Transfer from 33306928 (Education/Seminars) to 33307840 (station maintenance) for $3,000.00
Councilor Edwards motioned to approve the relative Budget Transfers 6-D (1-6). Councilor Cook seconded the motion. The motion passed unanimously.
E. Police Chief Patrick Jones – Request Permission to Purchase Telephone/Radio Recording Device Off GSA Price List
Chief Jones explained that the existing radio recording devices will not interface with the new COX IP telephone systems. After a vendor credit of $5000 and a grant for $7830.00, the remaining $3074 cost would be offset from the police department’s telephone account.
Councilor Driggs motioned to grant Permission to Purchase Telephone/Radio Recording Device Off
GSA Price List. Councilor Edwards seconded the motion. The motion passed unanimously.
F. Councilor Cook – Discussion and Possible Vote to Request the State, DEM and all other Agencies Involved in Landfill Closure to Allow One Year Extension
Councilor Cook felt that given the current economic uncertainty, it would behoove the Town to request a 1 year extension from DEM to close the landfill. Opinions of the Council varied greatly. Councilor Edwards agreed but believed a three year extension more appropriate. He petitioned Councilor Cook to withdraw her motion so they together could draft a formal resolution to be taken up at a future meeting. Councilor Cook accepted.
Councilor Cook motioned to Request the State, DEM and all other Agencies Involved in Landfill Closure to Allow One Year Extension. Councilor Driggs seconded the motion. Councilor Cook withdrew the Motion. Councilor Driggs withdrew her second.
G. Council President Hilton – Update on Town Response to COVID-19
Council President Hilton referenced two new Supplemental Declarations, therefore asked for a motion to add the following to the agenda - Ratification of Emergency Orders of the Town Council President 2020-04 and 2020-05 Issued Previously by the Town Council President Under the Authority of the Home Rule Charter of Town of Tiverton Section 405.
Councilor Edwards motioned to add agenda Item “Ratification of Executive Orders of the Town Council President 2020-04 and 2020-05 Issued Previously by the Town Council President Under the Authority of the Home Rule Charter of Town of Tiverton Section 405”. Councilor Cook seconded the motion. The motion passed unanimously.
Council President Hilton requested an additional motion to vote on the added agenda item by finding that an unexpected occurrence exists that requires immediate attention.
Councilor Edwards motioned to Vote on Executive Orders 2020-04 and 2020-05 As There Exists an Unexpected Occurrence That Requires Immediate Action to Protect the Public Pursuant to RIGL §42-46-6(b)”. Councilor Perry seconded the motion. The motion passed unanimously.
Council President Hilton noted that each Supplemental Declaration mirrors those that came from the Governor’s Office.
Councilor Edwards motioned to approve Executive Orders 2020-04 and 2020-05 to Remain in Full Force and Effect through an Amended Date of April 13, 2020 and Cannot Continue Unless Authorized by This Body, in Accordance with the Home Rule Charter. Additionally, Executive Order 2020-05 Would Immediately Be Repealed if Companion Order was Repealed at State Level. Councilor Perry seconded the motion. The motion passed unanimously.
H. Council President Hilton - Discussion and Possible Vote on Search, Selection and Appointment Process of Interim Administrator
Council President Hilton reminded that per the Charter, Clerk Mello’s appointment as Acting Town Administrator was for a 35 days only and that the Council may appoint an Interim Administrator. In light of the current COVID – 19 issue, she believed a search for a permanent Administrator would be futile. Clerk Mello added that the COVID – 19 matter adds a new layer of difficulty. This extra workload, coupled with her own compromised health issues, warranted appointment of an Interim Administrator other than herself. President Hilton furthered that a candidate would be someone who is familiar with Tiverton, has a strong municipal budgeting background and able to handle the flood of COVID-19 information/directives. The Council discussed requesting resumes to be submitted within a short deadline, then plan a meeting shortly afterwards to review the resumes.
Councilor Edwards motioned to request resumes/letters of intent to be received no later than 4pm on Friday, March 27, 2020 for consideration for appointment of Interim Town Administrator. Said resumes to be reviewed, discussed with a possible vote on Saturday, March 28, 2020. Councilor Perry seconded the motion. The motion passed unanimously.
Town Solicitor – 1. Notice of Claim from Law Office of Jeannie M. Scott Dated 3/10/20
2. Justin Katz v. Tiverton Board of Canvassers - Justin Katz Response to Solicitor Response to Attorney General Complaint
Solicitor Marcello noted that the Claim from Law Office of Jeannie M. Scott was new and for informational purposes only. Regarding Katz v. Tiverton Board of Canvassers, this complaint remained in the hands of the Attorney General awaiting a decision.
A. Town Solicitor – 42-46-5(a)(2) – Litigation – Faulkner v. Tiverton
B. Town Solicitor – 42-46-5(a)(2) – Litigation – State v. Munroe/Case No. 21-2018-02381 and Case No. N2-2020-0081A
C. Council President Hilton - RIGL 42-46-5(a)(1) - 42-46-5 (a)(1) – Discussions of Job Performance, Character, or Physical or Mental Health of a Person or Persons Provided that Such Person or Persons Affected May Require that the Discussion Be Held in Open Session – Town Administrator Reitsma – Notice given
Councilor Edwards motioned to enter Executive Session pursuant to 42-46-5(a)(2) – Litigation – Faulkner v. Tiverton. Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
Councilor Edwards motioned to enter Executive Session pursuant to 42-46-5(a)(2) – Litigation – State v. Munroe/Case No. 21-2018-02381 and Case No. N2-2020-0081A. Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
Councilor Edwards motioned to enter Executive Session pursuant to RIGL 42-46-5(a)(1) - 42-46-5 (a)(1) – Discussions of Job Performance, Character, or Physical or Mental Health of a Person or Persons Provided that Such Person or Persons Affected May Require that the Discussion Be Held in Open Session – Town Administrator Reitsma Notice given. Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
The Council entered Executive Session at approximately 8:35 p.m.
The Council returned to Open Session at 9:40 pm.
OPEN SESSION
Solicitor announced the closed session was adjourned and there was a motion to seal the minutes.
Councilor Edwards motioned to seal the minutes of Executive Session. Councilor Perry seconded the motion. The motion passed unanimously.
Solicitor announced regarding Faulkner v. Tiverton a settlement proposal was officially finalized and accepted. Settlement will be disclosed once all documents have been executed. Solicitor announced in closed session Council voted 5 to 2 with Councilor Hilton and Councilor Perry opposed, to accept a settlement offer in State v. Munroe. Settlement cannot be disclosed at this time since not formally accepted. There was no action taken at this time relative to the Town Administrator.
Councilor Perry motioned to adjourn the meeting. Councilor Edwards seconded the motion. The motion passed unanimously. The meeting adjourned at 9:50 pm.
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk