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, May 11, 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.
| Council President Hilton | Vice-President deMedeiros | Council Edwards |
| Councilor Clarke | Councilor Perry | Councilor Cook |
| Councilor Driggs | Town Administrator Cotta | Deputy Clerk Veegh |
| Solicitor Marcello | | |
Council President Hilton requested a motion to amend the agenda in order to add two items for discussion only - National Police Week, May 10-16, 2020 and Emergency Medical Services Week May 17-23, 2020.
Councilor Edwards motioned to add the relative agenda items. Councilor Perry seconded the motion. The Motion passed unanimously on a roll call vote.
She read each Resolution into the record and noted they would be placed on next meeting’s consent agenda for ratification.
A. Approval of Town Council Minutes
1. April 27, 2020 – Regular Meeting
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Tiverton Recreation and Beach Commission – (1)
C. Acknowledge Receipt of Reports
1. Police and Fire Department overtime reports – April 2020
2. Department Monthly Reports – April 2020
3. Susan Gill, Planning Board Administrative Officer – Report of activities ending April 28, 2020
D. Acknowledge Receipt of Correspondence
1. North Smithfield School Committee - Resolution urging continued appropriation of State and Local revenues to support public education
2. Smithfield School Department - Resolution urging continued appropriation of State and Local revenues to support public education
3. Town of Barrington – Resolution Recognizing the Month of June as Barrington Pride Month
E. Approval of Tax Assessor Abatements
F. Town Administrator – Approval to Advertise Request for Proposals (RFP) for Professional Auditing
Services and Agreed-Upon procedures services
G. Recreation Commission Chair Stu Gilfillen - Request approval to advertise and schedule public hearing
to amend Fines and Fees Resolution regarding beach passes
Councilor Cook removed Consent Agenda item 4-C-2.
Councilor deMedeiros removed Consent Agenda items 4-C-1 and 4-F.
Councilor Edwards motioned to approve Consent Agenda items with the exception of 4-C-1, 4-C-2, and 4-F. Councilor Perry seconded the motion. The Motion passed unanimously on a roll call vote.
Councilor deMedeiros questioned the amount of the fire department overtime for the pay period 4/10/20-4/23/20 noting the disparity between the previous pay period. Chief Mollo did not have payroll records available but speculated it may be due to three firemen off for various reasons during that period. The Chief agreed to provide a line by line itemization for next meeting.
Councilor Cook noted that animal complaints had skyrocketed, and as she was to be assisting with animal ordinances, she queried if there was an actual report to review. Administrator Cotta offered to have the ACO and Police Chief provide the requested information.
Councilor deMedeiros noted that the School Committee wished to be part of the decision process with regard to the RFP for Professional Auditing Services. Administrator Cotta offered to have the Finance Director and Superintendent be present at bid opening.
Councilor Edwards motioned to approve Consent Agenda items 4-C-1, 4-C-2, and 4-F. Councilor deMedeiros seconded the motion. The Motion passed unanimously on a roll call vote.
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” – Continued from March 23, 2020
President Hilton asked if any members of the public wished to speak; there were none. Deputy Clerk Veegh confirmed that no written/emailed relative comments had been received by the Clerk’s Office.
Councilor Edwards motioned to approve the 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.” Councilor Driggs seconded the motion. The Motion passed unanimously on a roll call vote.
B. Approval of Proposed Amendment to Town Code of Ordinances – Flood Plain Management Program,
Chapter 67-2- Applicability – Language update per RIEMA requirements - Revisions reflect changes
defined by the Newport County Flood Insurance Study (FIS) report
President Hilton explained the requirement to update the zoning code to reflect new FIRM map numbers. Building Inspector Moore clarified that there were adjustments to five maps and that all changed numbers have been double checked for accuracy.
President Hilton asked if any members of the public wished to speak; there were none. Deputy Clerk Veegh confirmed that no written/emailed relative comments had been received by the Clerk’s Office.
Councilor Edwards motioned to approve the relative proposed amendment to the Town Code of Ordinances. Councilor deMedeiros seconded the motion. The Motion passed unanimously on a roll call vote.
C. DPW Director, Richard Rogers – Approval to submit to RIDEM the ESS Group RIPDES
Small MS4 Annual Report – 2019 – Continued from March 23, 2020
DPW Director Rogers explained that ESS Group completes an annual RIPDES MS4 report. It is currently in a draft form, awaiting public hearing/public comments, which will then be sent to DEM. Matt Ladewig with ESS Group gave a brief presentation noting this 16th annual report consisted of 6 different components: Public Education and Outreach, Public Participation, Illicit Discharge Detection and Elimination, Construction Site Storm Water Runoff Control, Post Construction Storm water Management in New Development and Re-Development and Pollution Prevention and Good Housekeeping in Municipal Operations.
President Hilton asked if any members of the public wished to speak; there were none. Deputy Clerk Veegh confirmed that no written/emailed relative comments had been received by the Clerk’s Office.
Councilor Edwards motioned to approve to submit to RIDEM the ESS Group RIPDES Small MS4 Annual Report – 2019. Councilor Perry seconded the motion. The Motion passed unanimously on a roll call vote.
D. 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) –
continued from March 23, 2020
Administrator Cotta noted that VHB on behalf of RIDOT did an extensive analyses with different trail type options as well as extensive study on bicyclist and pedestrian considerations and relocation, air, water quality, noise, wetlands and floodplain impacts and more. The estimated construction cost was $2.9 million, but he noted that unlike in previous years, the RI Department of Environmental management would not absorb the design/engineering fees which could cost upwards of $500,000.00.
President Hilton asked if any members of the public wished to speak.
Bike Tiverton member Mary Bandura spoke in support, noting the Greenway project was well worth exploring and would provide economic and health benefits to Tiverton.
Another Bike Tiverton member, Peter Moniz, was also in support but expressed some logistical concerns with regard to VHB’s recommendations for the bikeway route itself.
Resident Paul Troia spoke on behalf of View of Hope neighborhood, raising concerns over trespassing, litter and drug use issues.
Deputy Clerk Veegh confirmed that no written/emailed relative comments had been received by the Clerk’s Office.
Discussion continued amongst the councilors with regard to the aforementioned trespassing/drug use/crime issues, design fees, etc.
Councilor Edwards motioned to approve the relative project be submitted to the State Transportation Improvement Plan for consideration. Councilor Clarke seconded the motion. The Motion passed unanimously on a roll call vote.
A. Charles Mulcahy, 65 Beech Avenue, Tiverton – Requesting Approval of Private Detective License
Renewal
Councilor Edwards motioned to approve the relative Private Detective License Renewal. Councilor deMedeiros seconded the motion. The Motion passed unanimously on a roll call vote.
A. Council Ratification of Tiverton Executive Order 2020-10 further continuing the date of the Tiverton
Financial Town Referendum (FTR) from the third Saturday in June (June 20, 2020) to a date no later
than sixty-five days after the FY 2021 State Budget is enacted into law
President Hilton explained that there is still no substantial information regarding the State funding appropriations and with the State contemplating an $800 million revenue shortfall, it was critical to have a better sense of the financial situation before attempting to set a budget. Administrator Cotta weighed in noting that the House Finance Committee begin working on the State budget. There is concern about the residual amount of CARES money that has yet to be determined. Additionally, federal relief may not happen expediently. He stressed the importance of having better information to establish a more stable budget.
Councilor Driggs raised concerns over the necessity of the Executive Order as well questioning if the Town Council Governance Policy was being followed, insinuating that there was no emergency that precluded the Council to meet as a body. She furthered that the verbiage “…restrictions on gatherings of five or more people exist which would make a public hearing on any municipal budget difficult” in the Executive Order itself was contradictory as the current meeting included public hearings.
Solicitor Marcello addressed the five person limit on public hearings mention, noting that the Dept. of Health indicated that they would not sign off on any such meetings. He furthered that public meetings via Zoom raised legitimate disenfranchising issues, and that by delaying, there was the potential that actual in-person public hearings could be conducted. He reiterated that the Town had declared and remains in a state of emergency. He affirmed that President Hilton, as acting CEO of the Town by a policy approved by previous Councils, is empowered by law to issue Executive Orders with no requirement of the Council to approve such orders. He believed that President Hilton, in an abundance of caution, brought forth this and previous Executive Orders in good faith for Council ratification. He furthered that this was now the Council’s opportunity to discuss and vote on such executive orders.
Councilor Cook expressed disappointment that the orders had been issued prior to the Council meeting as a body.
Councilor deMedeiros affirmed that President Hilton had indeed consulted with her prior to execution of the orders, and declared that asking the Budget Committee to prepare a budget without solid information is wrong.
Councilor Edwards queried Solicitor Marcello on the process of removing the emergency declaration, suggesting that any opposing Councilors add same to the agenda for a vote, in an effort to cease the continual and exhaustive debate.
President Hilton clarified the necessity of the delay by rhetorically asking critical questions including: If school funding is cut, must the municipal side make that up? If the school gets CARES money, does it count towards maintenance of effort this year and/or next year? Are we getting motor vehicle phase out money? She maintained that the answers to these questions could potentially affect not only this year’s budget, but next year’s maintenance of effort.
Councilor Edwards motioned to approve Tiverton Executive Order 2020-10 further continuing the date of the Tiverton Financial Town Referendum (FTR) from the third Saturday in June (June 20, 2020) to a date no later than sixty-five days after the FY 2021 State Budget is enacted into law. Councilor Perry seconded the motion. The Motion passed 5-2 on a roll call vote, with Councilors Driggs and Cook opposed.
B. Town Administrator – Review, discussion, and possible vote for extension of the Amnesty Trash
Program allowing each residence to put out one non-town bag of trash for collection each week and
encouraging people to continue to put out recycling with their trash
Town Administrator Cotta noting favorable resident response, recommended the program be extended until the end of the fiscal year. Councilor deMedeiros offered that while in favor, she would prefer a monthly review.
Councilor Edwards motioned to extend the relative Amnesty Trash Program until June 1, 2020 with a review at the next Council meeting on May 26, 2020. Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
A. Town Solicitor – Respond to 5/5/20 email from Councilor Driggs related to continuation of tax levy
under state law to new fiscal year and Casino revenue
Solicitor Marcello prefaced by noting his respect for and wish to assist all Councilors with questions and concerns as they arise. He clarified that his intention to add the agenda item was based on the request by Councilor Driggs for a written legal opinion on two specific questions.
The first question relating to the tax levy whereas Councilor Driggs’ letter notes “Chapter 44-35-5(b) of RIGL seems to make clear the prior year’s tax levy could continue until a public hearing has been held for a new budget as outlined in sections 44-35-6 - 44-35-8, ” Solicitor Marcello explained the question had been recently discussed on governor calls and that current opinion is that budgets can continue, but the levy ends, and cannot continue without the affirmative act of a Council or an FTR.
With regard to the second issue of the casino revenue guarantee by the state, Solicitor Marcello declared that it must be the Towns’ legal position that we expect the $3 million casino revenue. He furthered that having public discussions and formal written legal opinions was not healthy for the Town from a strategic position. He offered that the questions could be more appropriately answered in executive session. He finished noting his concern that per the Charter, a written legal opinion by the Solicitor can only be authorized by a vote or consensus of the Town Council, therefore wished to defer to the Council as a whole prior to producing any written legal opinions.
President Hilton noted her umbrage of the letters’ specific mention as to “whether the Tiverton EO also mandating the closure of Tiverton Twin River had an effect on the state's obligation to make up the shortfall” by noting that the Casino was closed on March 13, 2020 by the Division of Lottery and the Department of Health, three days prior to Tiverton’s Executive Order, which was at the request of the Governor.
As no allowance to vote was provided in this agenda item, it was suggested that a vote to authorize Solicitor Marcello to provide the written opinions could be taken at the next meeting.
B. Town Administrator Christopher Cotta - Update on COVID-19, operations, finances, Solicitor opinions
Administrator Cotta updated that both Police and Fire Dept.’s have been successfully handling any public related issues and that all member COVID-19 tests have been negative. Measures to obtain necessary PPE were underway. Regarding operations, the Town has cut all necessary expenses and work to determine where other cuts can be made is ongoing. With regard to the Solicitor opinions, his concern was that multiple Council members might ask for opinions that may be conflicting.
C. Town Clerk - Update on Presidential Preference Primary, June 2, 2020
Deputy Clerk Veegh informed that the preliminary canvass list was posted to the Town website and that the BOC would be meeting Tuesday, May 12 at 4pm via Zoom to approve the final canvass. She also noted that as of today, the Clerk’s office has processed over 2300 mail ballot applications and that approximately 1000 applications were received via return mail. Thursday May 19th was the last day to submit mail ballot applications.
Councilor Edwards motioned to adjourn the meeting. Councilor Driggs seconded the motion. The motion passed unanimously. The meeting adjourned at 9:55 p.m.
A True Copy.
ATTEST: _______________________________
Nancy L. Mello, Town Clerk