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
Saturday, March 28, 2020 at 9:00 a.m. 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 |
| Vice-President deMedeiros | Councilor Clarke | Town Clerk Mello |
| Councilor Cook | Councilor Driggs | Solicitor Marcello |
| Deputy Clerk Veegh | | |
A. Council ratification of Tiverton Executive Order 2020-06 Relating to Establishing a (14) Fourteen Day Self-Quarantine for Certain Categories of Persons – Effective March 26, 2020
Council President Hilton noted at the request of the governor Tiverton executed an executive order requiring people coming from out of state with a shelter in place order they must self-quarantine for 14 days.
Councilor Driggs noted a typographical error on page 2, whereas the word “effect” should be added to the last paragraph after the word ‘take.” Councilor Edwards felt the Order was not clear as to when the quarantine period should begin. Councilor Cook agreed and further felt the Order was excessive.
Councilor deMedeiros motioned to approve Tiverton Executive Order 2020-06 Relating to Establishing a (14) Fourteen Day Self-Quarantine for Certain Categories of Persons – Effective March 26, 2020. Councilor Edwards seconded the motion. The Motion passed unanimously on a roll call vote.
Councilor Driggs cautioned that the Open Meeting Act be followed prior to entering into Executive Session and expressed concerns about the appropriateness of items related to candidate submissions for Interim Town Administrator and with Charter Sections 504 and 505. Solicitor Marcello affirmed that each Executive Session item was appropriate and permissible under the Open Meetings Act.
A. Council President - 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 – Review Candidate Submissions for Interim Town Administrator - Notice Given
B. Council President - 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
C. Town Solicitor – 42-46-5(a)(2) – Litigation – State v. Munroe/Case No. 21-2018-02381 and Case No. N2-2020-0081A- Settlement Status Update
Councilor deMedeiros 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 – Review Candidate Submissions for Interim Town Administrator - Notice Given. Councilor Edwards seconded the motion. The motion passed 5-2 on a roll call vote with Councilors Driggs and Cook opposed.
Councilor deMedeiros 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 Edwards seconded the motion. The motion passed unanimously on a roll call vote.
Councilor deMedeiros 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- Settlement Status Update. Councilor Edwards seconded the motion. The motion passed unanimously on a roll call vote.
The Council entered Executive Session at approximately 9:30 a.m.
Executive Session portion of the meeting was off YouTube. Andrew Rys was monitoring and will begin live streaming when Council returns to Open Session.
The Council returned to Open Session at 11:20 am.
Solicitor Marcello advised another Roll Call be taken; all Councilors were present.
Councilor deMedeiros motioned to seal the minutes of Executive Session. Councilor Edwards seconded the motion. The motion passed unanimously.
Councilor Driggs added for the record that although the terms of his retirement have not yet been solidified, Administrator Reitsma is not functionally able to perform his job for various reasons and has himself urged the Town Council to move to choose a replacement. Solicitor Marcello agreed adding that this has been the status for at least the last six weeks.
President Hilton requested Acting Town Administrator Mello and Solicitor Marcello explain why an expedient Interim Town Administrator appointment is necessary. Clerk Mello asserted that the current COVID-19 issue creates a burgeoning workload with daily conference calls and developing office personnel matters that more than one person can handle. Solicitor Marcello pointed out that since the emergency declarations, there have been numerous daily meetings with municipal leaders that require a tremendous amount of coordination and reporting, as well as complex personnel matters in addition to the normal operation of the Town. He asserted the Council is well within their rights to move forward with an Interim Town Administrator appointment.
President Hilton added that not only are days consumed with COVID-19 related matters, rising to the forefront are budgetary issues. The State is financially strapped and with casinos and businesses closed and uncertain revenues, we are going to have to be in a strong position to negotiate with the State.
Solicitor Marcello then disclosed that there were six Interim Administrator applicants that were discussed/ranked in Executive Session and no votes were taken. It was noted that the Interim Town Administrator position was for a six month period and the person may be removed at any time for any, or no reason. Appointment is specific to interim and not long term which would require full hiring process.
Councilor Edwards remarked the Interim Administrator selection should be very familiar with budgets and the Town but not deliberatively part of the long term plan for Administrator.
A. Discussion of Applicants for Interim Town Administrator
B. Possible Vote for Appointment of Interim Town Administrator
C. Discussion and Possible Vote on Terms of Hire of Interim Town Administrator to Include Salary and Benefits
Councilor Edwards motioned to add the name Christopher Cotta to agenda for appointment pursuant to RIGL 42-46-6(b). Councilor deMedeiros seconded the motion. The Motion passed unanimously on a roll call vote.
Councilor Edwards motioned to offer position to Christopher Cotta subject to terms and salary discussed pursuant to RIGL 42-46-6(b). Councilor deMedeiros seconded the motion. The Motion passed 6-0-1 on a roll call vote with Councilor Driggs abstaining.
Councilor deMedeiros motioned to for salary not to exceed remaining budget and for Town Clerk and Solicitor to engage Mr. Cotta for the position. Councilor Edwards seconded the motion. The Motion passed unanimously on a roll call vote.
Solicitor Marcello commented relative to Executive Session item 5- B Administrator Reitsma, Council authorized Labor Counsel to finalize the separation settlement agreement on terms and conditions which will be disclosed once all documents are signed. Relative to item 5-C Munroe Litigation, a settlement has been reached and will be disclosed once documents are signed.
Councilor Perry motioned to adjourn the meeting. Councilor Edwards seconded the motion. The motion passed unanimously on a roll call vote. The meeting adjourned at 11:50 am.
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk