Town Council Member Ross L. Aker leads the Invocation and Pledge of Allegiance.
The regular meeting of the Exeter Town Council is called to order at 7:15 p.m. on Monday, July 7, 2003, in the Town Council Chambers of the Exeter Town Hall, 675 Ten Rod Road, Exeter.
| ROLL CALL. | Richard G. Kenyon | Present |
| Jason C. Whitford | Present | |
| Ross L. Aker | Present | |
| Michael C. Cerullo | Present | |
| Peter B. Wilbur | Absent (Vacation) |
Scott Kettelle. Public Safety. Chief Kettelle states he has reviewed the budget for Exeter Fire Co. No. 1 with the Board of Directors. His department is facing a $16,888 reduction in funding over last year. The most they can cut from their budget is $4,800. He asks the Town Council to take whatever steps are necessary to provide funding for fire protection, and if that means an additional Financial Town Meeting, so be it. The Town cannot live on this budget.
Lorraine McDonald. Board of Canvassers. Ms. McDonald references her communication to the Town Council. All the Canvassing departments in RI are required to work with a new program called HAVA, the Help America Vote Act. A new computer system and software will be provided all the cities and towns, but the municipalities must pay for the training sessions required to learn the new system. If we cannot afford to send someone, we will lose the equipment which is provided at at no cost. Also, the Board Members and the Clerk cannot afford to work and attend the training sessions without being paid for their time.
Rosamond Fisher. Exeter Library. Ms. Fisher asks what the alternatives were outlined in Communication #13. She is informed, the Public Comment is not the appropriate format for this question, but it will be addressed later in the agenda. Ms. Fisher asks why a clerk’s pay is dropped, but the Library expenses are kept in. She is informed the voters have repeatedly supported a Library and they are acting accordingly. There is discussion of the 5.5% increase cap and how it was voted at the Financial Town Meeting. We have to abide by the vote of the people on the amendment to the motion as it was made, not an interpretation of the motion we feel would benefit us. Discussion continues.
The following items are removed from the Consent Agenda by request: A. Bill Sheet and E. Communinications #1 and #43.
A motion is made by Ross Aker and seconded by Jason Whitford to approve Item No. 4 CONSENT AGENDA as amended as follows: B. Schedule of July Meetings and Events; C. Abatements $1,680.38; D. Reports; E. Communications; No. 14 OTHER BUSINESS C. Approval of 2003-2004 Town of Exeter Holidays; and D. Exeter Animal Shelter Revised Hours of Operation. So voted.
A. A motion is made by Jason Whitford and seconded by Michael Cerullo to approve the Minutes of the June 2, 2003 Town Council Meeting. So voted.
B. The Minutes of the June 3, 2003 Coffee Hour special meeting will be approved at a later date.
C. A motion is made by Jason Whitford and seconded by Michael Cerullo to approve the Minutes of the June 9, 2003 Special Town Council Meeting. So voted.
D. A motion is made by Jason Whitford and seconded by Michael Cerullo to approve the Minutes of the June 12, 2003 Special Town Council Meeting. So voted.
E. A motion is made by Jason Whitford and seconded by Michael Cerullo to approve the Minutes of the June 17, 2003 Special Town Council Meeting. So voted.
F. A motion is made by Jason Whitford and seconded by Ross Aker to approve the Minutes of the June 23, 2003 Special Town Council Meeting. So voted.
G. The Minutes of the June 27, 2003 special meeting have not been completed and will be approved at a later date.
H. A motion is made by Jason Whitford and seconded by Michael Cerullo to approve the Minutes of the June 2, 2003 Executive Session. So voted.
I. A motion is made by Jason Whitford and seconded by Michael Cerullo to approve the Minutes of the June 12, 2003 Executive Session. Richard Kenyon, Jason Whitford and Michael Cerullo vote yes. Ross Aker Abstains. Motion passes.
J. A motion is made by Jason Whitford and seconded by Michael Cerullo to approve the Minutes of the June 23, 2003 Executive Session. So voted.
A motion is made by Richard Kenyon and seconded by Ross Aker to move Item No. 14 B. ACKNOWLEDGEMENTS just prior to Item No. 7 APPOINTMENTS AND VACANCIES. So voted.
1. Joel Littlefield – Awarded Eagle Scout Designation. A Proclamation in honor of Joel’s achievement is read and presented to Joel and his family, as follows:
PROCLAMATION
HONORING JOEL LITTLEFIELD
EAGLE SCOUT COURT OF HONOR
WHEREAS, Joel Littlefield was born and raised in the Town of Exeter and has lived at One South County Trail for the last 18 years; and
WHEREAS, Joel is the son of Judith Hemsley Littlefield and Nichols Littlefield, Jr., and the grandson of Elizabeth Hemsley and the late George Hemsley, and the late Jean and Nichols Littlefield, Sr.; and
WHEREAS, Joel Littlefield is a member of the Exeter-West Greenwich High School Class of 2003, where he was an outstanding student in both academic and civic endeavors; and
WHEREAS, Joel was an outstanding athlete while at Exeter-West Greenwich High School as a member of the Volleyball Team and Track Team, serving as Captain and recipient of the 2003 Coach’s Award; and
WHEREAS, Joel will continue his education by attending the University of Rhode Island at Kingston, studying Horticulture and Turf Management, and will continue to make his family, friends and community proud of his accomplishments at the University and in all his future endeavors; and
WHEREAS, Joel Littlefield’s greatest achievement is the distinction of Eagle Scout Court of Honor, bestowed upon him by the Boy Scouts of America Narragansett Council and Exeter-West Greenwich Troup 35, for which a reception was held in his honor on June 1, 2003, attended by his proud family, friends, community leaders and dignitaries; and
NOW, THEREFORE, BE IT RESOLVED, that we, the members of the Town Council of the Town of Exeter publicly recognize, congratulate, and honor Joel for all he has been to his family, friends, and community of Exeter on the auspicious occasion of achieving the designation of Eagle Scout; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, That it is also fitting and proper that we recognize and celebrate all of the above, and shall include this Proclamation as part of the permanent records of our Town in order that the family and friends of Joel Littlefield and all the citizens of Exeter will know of the esteem and respect with which he will always be held by all of us.
Adopted and signed this 7th day of July, 2003.
By:
Richard G. Kenyon, President
Attest:
Cheryl A. Chorney, Town Clerk
A. VACANCIES.
1. Board of Assessment Review. There are no applicants and posting of the position will continue.
2. Personnel Board Members. There are no applicants and posting of the positions will continue.
3. Historic Preservation Commission. There is one applicant, Mary-Ellen Thurber.
4. Conservation Commission. There are no applicants, and posting of the positions will continue.
5. Assistant Emergency Management Director. There are no applicants, and posting of the position will continue.
6. Zoning Board of Review Member. The position will be advertised and posted.
7. Zoning Board of Review Alternate. The position will be advertised and posted.
8. Planning Board Member. The position will be advertised and posted.
A. AMENDMENT OF EXETER CODE OF ORDINANCES: Chapter 34 Solid Waste, Section 34-127. Prohibited items and Section 34-154 Bulky waste; restricted items; hard to dispose items, as advertised.
A motion is made by Jason Whitford and seconded by Michael Cerullo to open the Public Hearing. So voted.
The amendment of the Exeter Code of Ordinances to Chapter 34 Solid Waste, Section 34-127. Prohibited items would provide that “freon” and other agents classified as refrigeration coolants be removed from refrigerators, air conditioners and other appliances prior to disposal at the Exeter Transfer Station. The amendment of the Exeter Code of Ordinances to Chapter 34 Solid Waste, Section 34-154 Bulky waste; restricted items; hard to dispose items would set the fee for disposal of propane tanks at the Exeter Transfer Station at $10.00 per tank.
Town Council Member Jason Whitford recuses himself on his issue. There are no Town Council comments. There are no audience comments.
A motion is made by Ross Aker and seconded by Michael Cerullo to close the Public Hearing. Richard Kenyon, Ross Aker, and Michael Cerullo vote yes. Jason Whitford recuses. Motion passes.
A motion is made by Ross Aker and seconded by Michael Cerullo to adopt the amendment to the Exeter Code of Ordiances Chapter 34 Solid Waste, Section 34-127 Prohibited items, requiring “freon” and other agents classified as refrigeration coolants be removed from appliances disposed at the Transfer Station and Section 34-154 Bulky waste; restricted items; hard to dispose items, setting the fee for disposal of propane tanks at the Transfer Station at $10.00 per tank. Richard Kenyon, Ross Aker, and Michael Cerullo vote yes. Jason Whitford recuses. Motion passes.
B. KENNEL LICENSE APPLICATION: Class 1 – 10 Dogs or More, Ruth Colwill for the property located at 174 Hallville Road, also described as Plat 50 Block 5 Lot 11, Fee: $20.00, as advertised and noticed.
A motion is made by Jason Whitford and seconded by Michael Cerullo to open the Public Hearing. So voted.
Applicant Ruth Colwill comments that she lives at 174 Hallville Road, and would like to keep her pets, 7 long-haired dachshunds, and follow all town laws and regulations. Her property is 44 acres, and there is a large buffer around the area of her house and fenced area for the dogs, separating her from the neighbors. Her animals are not left outside unattended. Ms. Colwill works with barking dogs to change behavior, and the only time her dogs bark is when she returns home, which she has timed at 4 minutes.
Town Council Comments: Dachshunds are known to bark, and perhaps that may be a problem. Ms. Colwill states with such a large buffer, it shouldn’t be a problem. There are no audience comments.
A motion is made by Ross Aker and seconded by Jason Whitford to close the Public Hearing. So voted.
A motion is made by Jason Whitford and seconded by Ross Aker to approve the Class 1 – Over 10 Dogs - Kennel License application of Ruth Colwill for the property located at 174 Hallville Road. So voted.
C. AMENDMENT OF ORDINANCE: Language Revisions and Clarifications to the “Ordinance Stabilizing Taxes of the Elderly,” continued from 6/2/03.
A motion is made by Jason Whitford and seconded by Michael Cerullo to open the Public Hearing. So voted.
Town Council comments. Due to the current financial conditions, the Council should rescind this ordinance and develop an amended ordinance that is solid, not confusing and in the best interest of all residents of Exeter. This ordinance will not take affect until January 1, 2004, and will be based on the tax rate assessed as of December 31, 2003. The Town Council has worked many hours on this, and still cannot come to any resolution. We have not been able to work on this recently due to the budget situation, and the best option would be to advertise for public hearing to rescind or amend this ordinance. Tax Assessor Steven Hazard reported his findings, and a tax freeze for elderly residents would have a significant impact on the tax rate.
Rosamond Fisher is called out of order by Town Council President Kenyon.
There is discussion of whether this ordinance can be repealed at this meeting without advertising for a public hearing. To comply with the Open Meetings Law, a rescission should be advertised and placed on an agenda for public hearing. Discussion continues.
A motion is made by Jason Whitford and seconded by Ross Aker to close the Public Hearing. So voted.
A motion is made by Jason Whitford and seconded by Michael Cerullo to advertise for Public Hearing for amendment or rescission of the Ordinance Stabilizing Taxes of the Elderly at the August 4, 2003 regular meeting of the Town Council Meeting. So voted.
O. SOLICITOR’S REPORT: James P. Marusak, Esq. of Gidley, Sarli & Marusak. Solicitor Marusak has nothing to report at this time.
A. RICO CORPORATION GRAVEL BANK LICENSE APPLICATION, continued from 6/2/03. Solicitor Marusak reports that Rico Corporation Attorney Mark Russo has asked for an extension of time to submit a further brief, which he assumes has been granted. A fast-track decision has been requested.
B. TRANSFER STATION. There is nothing to report at this time.
C. RI STATE POLICE EXETER PATROL. There is nothing additional to report at this time.
D. LADD CENTER/JOB CORPS. Town Council Member Ross Aker and Exeter Volunteer Fire Co. No. 1 Chief Scott Kettelle are trying to work with the Department of Labor to raise money for the Job Corps public safety situation. Area banks have been approached and they are interested in donating equipment. There is an update in the Town Planner’s Report.
E. HISTORIC EXETER PUBLIC RECORDS. Solicitor Marusak reports he has received a communication from Attorney Christopher Little representing the John Carter Brown Library stating they would like to discuss this issue with the Town Council, and they will be joining us during Executive Session.
F. EXETER PUBLIC LIBRARY. There is nothing additional to report at this time.
G. CHELSEA PARK PLAYGROUND. There is nothing additional to report at this time.
H. MEMORIAL PLAQUE: Exeter Korean War Veterans and Exeter Viet Nam Veterans. There is nothing additional to report at this time.
I. INVENTORY OF TOWN ASSETS. There is nothing additional to report at this time.
J. TRANSPORTATION ENHANCEMENT GRANT. There is nothing additional to report at this time.
K. FARM, FOREST AND OPEN SPACE PROGRAM. There is discussion of tax revenue received from the Farm, Forest and Open Space program property, currently valued at $500 per acre. Perhaps we should investigate State recommended values for property in the program in an effort to generate additional property tax revenue.
L. OLD TOWN HALL. The area around doors, windows and roofline has been caulked in an effort to keep rain and water from seeping in. The roof is fairly new, and it doesn’t appear to be leaking. There is discussion of loose floorboards, and there is money in that account for any needed repairs. The floor will be checked and repaired, if needed.
M. WOODY HILL SCHOOL. There is no money available for restoration of the school. Perhaps a grant will be available in the future.
A. AWARDING OF BID: Transfer Station Site, as advertised. Jason Whitford recuses himself on this issue, files the appropriate form and leaves the Town Council Chambers.
Bid Opening. The bid opening for the Exeter Transfer Station is called to order at 3:00 p.m. and is conducted by Town Clerk Cheryl A. Chorney.
Bids. One (1) bid is received from:
Jason C. Whitford Trust
Clark A. Whitford, Trustee
30A Tripps Corner Road
Exeter, RI 02822
Offering: Long-term lease, initial 10 years, with two additional five-year options. The annual lease for first two years would be $9,600, or $800 per month, to be reviewed thereafter and adjusted by using the CPI as published in the Wall Street Journal. The bid is in compliance with specifications outlined in the legal ad for invitation to bid.
Town Council comments: The $800 monthly lease is too expensive, due to the current budget cuts. A request is made to leave the monthly lease at $450 for one more year until the town is out of this fiscal bind. This lease locks us in for 10 years. Attorney Joseph Scott, representing Jason Whitford Trust, is in attendance, and states the lease will remain month-to-month until there is a lease agreement. This will be continued for one more month in order to explore all options. There is discussion of increased fees to relocate the Transfer Station (approximately $30,000). This is an unfair increase in our current fiscal condition. This is a fair price for the monthly lease. Discussion continues.
A motion is made by Michael Cerullo and seconded by Ross Aker to act on this tonight and move forward with the new lease agreement, as it is a legitimate and fair offer.
Discussion. The Town Council budgeted for $650 per month, not a $350 per month increase to $800. We are losing a Transfer Station employee. We are already in the Transfer Station business and have to continue.
Back to the vote on the motion. Michael Cerullo and Richard Kenyon vote yes. Ross Aker votes no. Jason Whitford is recused. Peter Wilbur is not in attendance. Motion dies for lack of a majority vote.
A motion is made by Ross Aker and seconded by Michael Cerullo to continue this issue to the next regular Town Council Meeting for both regular and Executive Session. So voted.
B. FISCAL YEAR 2004 BUDGET (July 1, 2003 to June 30, 2004). Town Council President Richard Kenyon states the Town Council and Town Treasurer have put in a lot of time on this budget, and he thanks them for all their efforts. Mr. Kenyon asks for suggestions from the Council members. The Town Council comments on our Town employees and the good job they do.
Jason Whitford suggests two (2) part time Animal Control Officers working a total of 55 hours per week at $9 per hour for a total of $25,740, which is a salary savings of $6,225. A part time Town Council Assistant at $19,700 would result in a savings of $14,662. Ross Aker feels we should eliminate the position altogether. There is discussion of removing discretionary wage increases outlined in the 2004 Fiscal Year budget resolution for Highway workers, with a resulting savings of $20,051. The medical benefits would be reduced by $8,000 due to full time positions being replaced by part time positions. Discussion continues.
A motion is made by Michael Cerullo and seconded by Jason Whitford to accept Jason Whitford’s suggestions for the Animal Control Officer assistants, Highway Department, and part time Town Council Assistant.
Discussion. Eliminating the Town Council Assistant could save extra dollars. To cut the Town Council Assistant position completely would put an additional burden on the Town Clerk’s Office.
An amendment to the motion is made by Jason Whitford and seconded by Michael Cerullo to balance the affects of the cuts to salaries and wages by crediting the monies saved for Blue Cross and pension to the salaries and wages portion of the budget. So voted.
Back to the vote on the original motion as amended. So voted.
Town Treasurer Richard Walker will have the corrected figures in a few days. Director of Public Works Robert Whitford states he would rather have the Town Council remove money from his salary line item so that his Highway employees do not get a cut in pay. There is discussion of $62,000 coming back from the School Department, how it would be spent and how it is incorporated in this budget. The funding could be made available, but a special Financial Town Meeting would be needed to appropriate funds to this year’s budget. The Reserve Fund is funded by back taxes plus interest collected, which is then allocated by the Town Council. Discussion continues. Solicitor Marusak will review this issue for clarity and whether a Financial Town Meeting is required to use surplus/reserve funds. If the $240,000 in uncollected taxes does not come in, we will have a real problem. To date 97.7% of the taxes have been collected. We have a 60-day window of operations for collection of the taxes and payment of fiscal 2003 bills.
A motion is made by Jason Whitford and seconded by Michael Cerullo that the adjustments for Blue Cross and pensions totaling approximately $13,000 should be cut from General Government and allocated to other parts of the budget.
Discussion. Advertising should be set at $11,000, for an additional savings of $2,000.
Back to the vote on the motion. So voted.
A motion is made by Jason Whitford and seconded by Michael Cerullo to approve the budget with the changes discussed this evening. Richard Kenyon, Jason Whitford and Michael Cerullo vote yes. Ross Aker votes no. Motion passes.
A motion is made by Jason Whitford and seconded by Michael Cerullo to advertise for an Assistant Animal Control Officer for 30 hours per week at $9.00 per hour, as specified in the revised budget.
Discussion. The present Animal Control Officer will be discussed in Executive Session.
Back to the vote on the motion. So voted.
A motion is made by Jason Whitford and seconded by Michael Cerullo to advertise for the Town Council Assistant at a salary of $19,700 for 30 hours per week. So voted.
One Transfer Station employee will be let go. The criteria outlined in our Home Rule Charter should be referenced. The residency requirement is discussed. This will be discussed further in Executive Session.
C. REYNOLDS CHARITABLE TRUST: Payment of Bills. Reynolds Charitable Trust Chairman Paul Ward has some applications for approval:
| Russell Baker | 1st installment for University of Rhode Island = $2,000 | total of $4,000 |
| Kelly Jarvis | 1st installment for University of Rhode Island = $2,000 | total of $4,000 |
| Debra White | Dental work for her five children @ $270 each | total of $1,350 |
A motion is made by Jason Whitford and seconded by Ross Aker to approve the three applications and voucher requests for payment from the Reynolds Charitable Trust.
Discussion. Mr. DeCiantis of South County Community Action is forwarding a statement for the Reynolds Charitable Trust. The Reynolds Charitable Trust can only spend the interest earned, which amounted to approximately $25,000 in the past. We are not close to that figure at present. The Trust had an Open House in June for all Exeter residents to learn what the Trust can do to help the needy of Exeter.
Back to the vote on the motion. So voted.
Town Council President Kenyon will sign the vouchers.
E. BUILDING MORATORIUM. There is discussion of using a building moratorium on development of for-profit low income housing such as Deer Brook proposes, for a short period of time until we are able to get through the planning process so that we can have our low and moderate income plans in place. Planning Solicitor Peter Ruggiero in the process of drafting an ordinance for us. Legislation regarding this type of development is currently in limbo with the House and Senate. When Governor Carcieri vetoes the budget, this legislation may come back up, and we should know more about this tomorrow.
Bill Sheet. Town Council Member Jason Whitford presents the Town Council with three bills for the Animal Shelter that did not make the deadline.
A motion is made by Jason Whitford and seconded Michael Cerullo to add the three bills for the Exeter Animal Shelter to the Bill Sheet, and approve the Bill Sheet, as amended. So voted.
#1 The letter of Jaime Moretti regarding the zoning and building application process and imposition of impact fees is referenced. Mr. Moretti wants to build one house now and a Rural Residential Compound in the near future. Nothing can be done for Mr. Moretti, as all applications and procedures had to be completed before he could obtain his building permit. Even though he began his process last year, he is still liable for impact fees.
#43 The memorandum of Wes Sabins and Carrie Corcoran regarding donation of two acres of land located on Yawgoo Valley Road to the Town of Exeter is referenced. There is discussion of whether the land is of any value. It is mostly wetlands and we may be better off just leaving the property with its present owners. Director of Public Works Robert Whitford may have use for the property for drainage.
A motion is made by Jason Whitford and seconded by Ross Aker to refer this issue to Director of Public Works Robert Whitford for his review and recommendation. So voted.
EXETER ANIMAL SHELTER: Revised Hours of Operation. The new hours are as follows:
| Friday | -- Closed -- |
| Saturday | 9:00 a.m. to 1:00 p.m. |
| Sunday | 10:00 a.m. to 2:00 p.m. |
| Monday | 5:00 p.m. to 8:00 p.m. |
| Tuesday | 9:00 a.m. to 1:00 p.m. |
| Wednesday | 5:00 p.m. to 8:00 p.m. |
| Thursday | 9:00 a.m. to 1:00 p.m. |
This is 20 hours per week, as outlined in State law. The new hours will be posted.
A motion is made by Richard Kenyon and seconded by Ross Aker to enter into Executive Session pursuant to RIGL 42-46-5 (a) Subsection (2) to discuss litigation. So voted.
Pursuant to RIGL 42-46-5 (a) Subsection (2) the Exeter Town Council votes to enter into Executive Session to discuss litigation as follows:
| Richard G. Kenyon | Yes |
| Jason C. Whitford | Yes |
| Ross L. Aker | Yes |
| Michael C. Cerullo | Yes |
| Peter B. Wilbur | Absent |
The Exeter Town Council reconvenes its regular meeting at 10:56 p.m. The Clerk states the Exeter Town Council entered into Executive Session by unanimous vote at 9:31 p.m. and that session has now ended by unanimous vote.
A motion is made by Jason Whitford and seconded by Ross Aker to seal the Minutes of the Executive Session. So voted.
A motion is made by Jason Whitford and seconded by Ross Aker to affirm the decisions made in Executive Session. So voted.
A motion is made by Ross Aker and seconded by Jason Whitford to adjourn. So voted.
The regular meeting of the Exeter Town Council is adjourned at 10:57 p.m. The next regular meeting is scheduled for Monday, August 4, 2003 at 7:15 p.m. in the Town Council Chambers of the Exeter Town Hall, 675 Ten Rod Road, Exeter.
Cheryl A. Chorney, CMC
Town Clerk