MINUTES
EXETER TOWN COUNCIL
REGULAR MEETING
DECEMBER 6, 2010
Town Council Vice President William P. Monahan led Council and the Public in the Pledge of Allegiance.
The Regular Meeting of the Exeter Town Council was called to order at 7:02 p.m. on Monday, December 6, 2010, in the Town Council Chambers of the Exeter Town Hall, 675 Ten Rod Road, Exeter, Rhode Island.
| Roll Call: | Arlene B. Hicks | Present |
| | William P. Monahan | Present |
| | Raymond A. Morrissey, Jr. | Present |
| | Daniel W. Patterson | Present |
| | Calvin A. Ellis | Present |
| Also Present: | James P. Marusak, Esquire, Town Solicitor; |
| | Kenneth G. Findlay, Council Assistant; and |
| | Lynn M. Hawkins, Town Clerk. |
Ted Nataly: Mr. Nataly stated that this evening's agenda does not give a start time. Ms. Hicks thanked Mr. Nataly for bringing this oversight to Council's attention.
A. EXETER-WEST GREENWICH GIRLS VARSITY VOLLEY BALL TEAM, WINNERS OF THE DIVISION II STATE CHAMPIONSHIP, NOVEMBER 13, 2010
B. EXETER-WEST GREENWICH GIRLS VARSITY SOCCER TEAM, WINNERS OF THE DIVISION II STATE CHAMPIONSHIP, NOVEMBER 14, 2010
Ms. Hicks stated that Council was very fortunate to have present this evening the Exeter-West Greenwich Girls Varsity Volleyball and Soccer teams, both of which won the Division II State Championships. The teams were honored with Proclamations, duplicates of which will be kept at Town Hall, and each girl individually was honored with a Certificate of Achievement.
A. SPECIAL COUNCIL MEETING, NOVEMBER 23, 2010
B. SPECIAL COUNCIL MEETING, NOVEMBER 29, 2010
MOTION made by Mr. Monahan to approve the Minutes of the Special Council Meeting of November 23, 2010, and the Minutes of the Special Council Meeting of November 29, 2010; seconded by Mr. Ellis; and voted unanimously in the affirmative.
Ms. Hicks stated that she has "tightened up" the agenda. For example, some agenda items appeared twice on the agenda and now appear only once. No one wished to rearrange the agenda order. The meeting proceeded in the order of the agenda presented.
A. REYNOLDS CHARITABLE TRUST: One voucher to consider this evening.
B. REPORTS
1. TREASURER’S REPORT/DEPUTY TREASURER’S REPORT: Maria Lawler/Joseph Gillis
2. TOWN CLERK’S REPORT: Lynn M. Hawkins
3. TAX COLLECTOR’S REPORT: Kimberly A. Robitaille
4. TAX ASSESSOR’S REPORT: Penny B. Robertson
5. DEPARTMENT OF PUBLIC WORKS REPORT: Director of Public Works, Stephen P. Mattscheck
6. IT REPORT: Director of NK/Exeter IT, Jason Albuquerque
7. TOWN PLANNER’S REPORT: David W. Schweid, AICP
8. DEPARTMENT OF PUBLIC WELFARE: Director of Public Welfare, Sylvia J. Curry
9. EMERGENCY MANAGEMENT REPORT: Director of Emergency Management, E. Stefan Coutoulakis
10. ANIMAL CONTROL REPORT: Animal Control Officer, Deana Dolan
11. PROBATE REPORT: Probate Clerk, Lynn M. Hawkins
Mr. Ellis wished to remove Report Nos. 1, 3, and 4.
C. COMMUNICATIONS: Ms. Hicks wished to remove Communication Nos. 4, 5, 13, 19, 21, 24, 25, 26, 28, 29, 30, 33, and 34. Mr. Ellis wished to remove Communication Nos. 12, 23, 27, and 31.
D. SCHEDULE OF DECEMBER MEETINGS AND EVENTS
E. SCHEDULE OF TOWN COUNCIL MEETINGS FOR 2011
F. JUNK YARD LICENSE RENEWALS (Fee: $100.00):
1. Timothy J. Strickland
John’s Auto Repair and Salvage
278 South Road
2. Robert G. Kratzer
Exeter Salvage
573 Nooseneck Hill Road
3. Gregory Jarvis
F&G Salvage Co., Inc.
530 Nooseneck Hill Road
4. Ronald L. Mann
High Tower Auto Salvage
2670 Ten Rod Road
G. DEALER IN JUNK LICENSE RENEWALS (Fee: $100.00):
1. Kevin Gilligan
Exeter Scrap Metal
445 Nooseneck Hill Road
2. Donna F. Raymond
88 Black Plain Road
H. SECOND-HAND DEALERS LICENSE RENEWALS (Fee: $100.00):
1. Leo Antonino
Ocean State Auto Auction
10 Industrial Drive
2. Rebecca Marcello
Village Consignment, LLC
567 South County Trail, Unit 303
3. Marsha Leveille
The Clothesline
236 Nooseneck Hill Road
4. Andrew Slater
Exeter Auto Repair
565 Nooseneck Hill Road
5. Russell Hampton
Ocean State Harley Davidson, Inc.
435 Nooseneck Hill Road
6. Ryan C. Morrow
d/b/a Auto Country Sales & Service
9 Industrial Drive
I. RECYCLING LICENSE RENEWAL (Fee: $25.00):
1. Kevin Gilligan
Exeter Scrap Metal
447 Nooseneck Hill Road
J. TRAILER PARK LICENSE RENEWAL (Fee: $100.00):
1. Jin R. Kulsic
Mobile Village, Inc.
550 Victory Highway
2. Elmer H. Palmer and Richard Palmer
Split Rock Mobile Home Park
480 South County Trail
3. Ronald N. Shadeck
29 South Road
K. RUBBISH REMOVAL LICENSE RENEWALS (Fee: $10.00):
1. Edward F. Briggs
Edward F. Briggs Disposal, Inc.
P.O. Box 655, Exeter
2. Kyle Roode
RPKK, Inc.
Chariho Disposal
P.O. Box 126, Wood River Junction
3. Linda J. Bilodeau
D. Lewis & Son, Inc.
252 South Road
4. Harry J. Whitford, Sr.
Whitford Rubbish Removal
6 Mockingbird Drive
5. Carolyn M. Ellis
E-Z Waste Systems, Inc.
P.O. Box 146
Westerly, RI 02891
6. John Porter
Allied Waste Industries/Browning Ferris Industries
P.O. Box 655, Exeter
L. FIREARMS DEALERS LICENSE RENEWAL (Fee: $5.00):
1. Daniel W. Patterson
Shanbri Farm, LLC
332 South County Trail
Ms. Hicks wished to remove License Renewals Nos. H4, H6, J1, J3, K2 , K4, K6, and L1.
MOTION made to approve the Consent Agenda as amended; seconded by Mr. Ellis; and voted unanimously in the affirmative.
A. VACANCIES:
1. Personnel Board Members: Five members needed to replace prior board.
2. Conservation Commission (Inactive): This commission has not been meeting, but that is not to say that they will not meet in the future.
3. Economic Development Commission (Inactive): This commission has not been meeting, but that is not to say that they will not meet in the future.
4. Municipal Finance Committee Member: Posting continues for a few more members.
5. Vision For Exeter Project Members: Posting continues for this project, formally known as the “Borderlands Project.” This is an ongoing project that continues to move forward with plans of revising zoning and planning ordinances. Anyone is welcome to participate.
6. Other:
a. Planning Board Member: The Council is in receipt of the resignation of Daniel W. Patterson (Communication No. 29) now that he has been elected to Council.
MOTION made by Mr. Monahan to accept the resignation of Daniel W. Patterson and to post and advertise the opening of Planning Board Member; seconded by Mr. Ellis; and voted unanimously in the affirmative.
Mr. Monahan thanked Mr. Patterson for his time served on Exeter's Planning Board.
b. Zoning Board Alternate Member: The Council is in receipt of the resignation of John Grasso.
MOTION made by Mr. Monahan to accept the resignation of John Grasso and to post and advertise the opening of Zoning Board Alternate Member; seconded by Mr. Ellis; and voted unanimously in the affirmative.
Mr. Monahan thanked Mr. Grasso for his time served on Exeter's Zoning Board.
B. APPOINTMENTS: Council is in receipt of a Letter of Interest from Kenneth J. Barrette (Communication No. 5), who is interested in joining the Vision for Exeter Committee. Mr. Ellis was impressed by Mr. Barrette's resume and felt he would be an asset to the Committee.
MOTION made by Mr. Ellis to appoint Kenneth J. Barrette to the Vision for Exeter Committee; seconded by Mr. Patterson; and voted unanimously in the affirmative.
C. EXPIRING TERMS: Council is in receipt of a Letter of Interest from Julie Kliever (Communication No. 29), who is on the Library Board of Trustees, whose term expires in January, 2011, and who expresses an interest in staying on the Board.
MOTION made by Mr. Monahan to appoint Julie Kliever to the Library Board of Trustees for the three-year term expiring 1/13/2014; seconded by Mr. Patterson; and voted unanimously in the affirmative.
A. AMENDMENT TO EXETER CODE OF ORDINANCES: EROSION SEDIMENTATION AND CONTROL ORDINANCE (Continued from November 1, 2010, Regular Meeting):
MOTION made by Mr. Monahan to continue the Public Hearing; seconded by Mr. Ellis; and voted unanimously in the affirmative.
Mr. Ellis introduced into the record Town Planner Schweid's correspondence dated November 10, 2010, which indicates that the Planning Board reviewed Mr. Findlay’s recommendations and made changes to the ordinance accordingly and that the Planning Board recommends adoption of this ordinance, which will bring the Town into compliance with Federal regulations. Mr. Ellis was concerned that this ordinance had a broad application; but when looking at it more closely realized that it applies to large-scale developments where it would impose containment features. Based on the Planning Board's and Council Assistant Findlay's recommendations, Mr. Ellis would encourage adoption of this ordinance.
Mr. Findlay stated that he reviewed the revisions and that the Planning Board did "a nice job" in making the ordinance more consistent.
Michael Abbott, the Planning Board Chair, was present. He stated that the Planning Board fully supports this ordinance in order to keep the Town in compliance with Federal regulations.
Mr. Richard Schartner came forward and inquired whether this ordinance included an agricultural exemption. Mr. Abbott answered in the affirmative. Mr. Patterson confirmed by reading from the ordinance, "non-agricultural uses, such as housing developments, industrial areas, recreational facilities, and roads."
Ms. Dawn Tortorelli of Shannon Road came forward and stated that she has been having an issue with soil erosion for four years after construction began on Lot 5 in Deerbrook, which is adjacent to her property. She has come to the Town several times for help. She had photographs to show to Council. She was not sure if this ordinance could help her. Ms. Hicks informed Ms. Tortorelli that Council was addressing the ordinance at the moment and that her issue was going to be addressed later in the agenda. Ms. Tortorelli understood, but stated that this ordinance regards erosion, which is her issue and felt the ordinance was related. Mr. Ellis thought that the point Ms. Tortorelli was trying to make was that if such an ordinance was in place prior to the construction adjacent to her property, her issues could have been avoided. Ms. Tortorelli hoped the ordinance would help her situation.
MOTION made by Mr. Monahan to close the Public Hearing; seconded by Mr. Ellis; and voted unanimously in the affirmative.
MOTION made by Mr. Monahan to adopt the Erosion Sedimentation and Control Ordinance; seconded by Mr. Ellis; and voted unanimously in the affirmative.
B. AMENDMENT TO EXETER CODE OF ORDINANCES: PROPOSED AMENDMENT OF EXETER ZONING MAP TO INCLUDE TRANSFER OF DEVELOPMENT RIGHTS SENDING AREA(S) OVERLAY ZONE AND PROPOSED AMENDMENT TO EXETER ZONING ORDINANCE (TEXT) TO INCLUDE NEW SEC. 4.8, EXETER AND NORTH KINGSTOWN TRANSFER OF DEVELOPMENT RIGHTS:
MOTION made by Mr. Ellis to open the Public Hearing; seconded by Mr. Monahan; and voted unanimously in the affirmative.
Mr. Monahan stated that Town Planner David Schweid worked on this ordinance with North Kingstown, that it goes hand in hand with the purchase of development rights on the Bald Hill property, and that it was designed just for that one area in transferring development rights from that property to property in North Kingstown.
Mr. Ellis stated that this ordinance is part of the commitment made in the purchase and sale agreement signed two years ago. Mr. Ellis read into the record part of Town Planner David Schweid's correspondence dated October 28, 2010, which summarizes the process and indicates that the Planning Board on October 26, 2010, voted to recommend that Council adopt this ordinance. Mr. Ellis stated that the previous Council moved in this direction to preserve open space and is glad that it has been moved to this point.
Mr. Patterson had a concern with the receiving area going to North Kingstown and the sending area being in Exeter. He would like to include Exeter in the receiving area, because development rights are being transferred from Exeter to North Kingstown, when some Exeter residents might want to develop their land and might want to buy development rights and allow Exeter to determine which parcels and which areas, which would be an advantage to Exeter. Mr. Ellis stated that the previous Council considered that issue and understood that the TDR ordinance will ultimately apply to the entire Town. It is something that will have to evolve. This particular piece is timely and urgent. There is a receiving area in place. Other parts of the Town have not been identified. Mr. Abbott concurred, stating that Exeter does not have a defined receiving area yet. Mr. Schweid stated that an amendment such as suggested by Mr. Patterson would free Exeter from being dependent on North Kingstown and would ultimately bring TDR to Exeter, which is the intent. Attorney Marusak stated that the ordinance could be amended at a later date in a Public Hearing to create other receiving areas.
Mr. Matthew McKenna inquired as to what is a receiving area. Mr. Schweid explained transfer of development rights to Mr. McKenna.
Mr. Wayne Cross inquired as to what Exeter gets in return for transferring development rights to North Kingstown for property in Exeter and why Exeter cannot retain those development rights. Mr. Abbott answered that Exeter gets preservation of that particular parcel as open space and that Exeter cannot retain those development rights because Exeter does not have a receiving area to send it to. Mr. DiGregorio stated that it is his understanding that this transfer of development rights is part of the agreement with the Bald Hill property, that it is specific only to a piece of the Bald Hill property and not any other property in Exeter, and that it is very limited. As a member of the Vision of Exeter Committee, he stated that it is the Committee's ultimate intention to have the transfer of development sending areas go to the village site keeping them in Exeter.
Mr. Richard Schartner stated that he found it interesting that this ordinance pertains to him only and that he had no knowledge that the Planning Board was meeting on this issue. He supports Mr. Patterson's suggestion. He has a TDR available to him now in North Kingstown. He has not been able to find a buyer for those rights for two years. Mr. Schartner showed Council a map depicting his development plan for the North Kingstown property, which their zoning allows. There is a disparity between the North Kingstown and the Exeter ten-acre parcels, because under Exeter's present zoning regulations, he could not develop the Exeter ten-acres to the same density. The Exeter property would therefore not be as marketable. Mr. Schweid stated that he was not aware of any clause in the purchase and sale agreement that states that the development rights in the ten-acre Exeter parcel have to be the same value as the ten-acre North Kingstown parcel. They are two different towns with two different zoning regulations. He, and he believes the Town and the Planning Board, would be willing to listen to Mr. Schartner's suggestions and concerns, but that the two parcels should be the same in respect to zoning is not persuasive. Lengthy discussion ensued.
Attorney Marusak stated that in the purchase and sale agreement is a provision indicating that the two towns must adopt a TDR ordinance within two years. That deadline runs in approximately a week. He suggested adopting the ordinance as presented, thereby meeting the agreement provision, and fine tuning or approaching it differently through an amendment at a later date through the proper process.
Attorney William Harsch stated that there is no requirement that the TDR on the Exeter portion actually be used in North Kingstown. It is simply a requirement of the purchase and sale agreement that there be a receiving area that meets certain standards. North Kingstown has a receiving area that meets those standards that Exeter can use. There is nothing that says TDR granted in Exeter cannot be used in Exeter.
Speaking to Mr. Schartner's accusations that Exeter did not proceed appropriately regarding this ordinance but that North Kingstown had, Mr. Ellis asked Mr. Schweid if he had proceeded appropriately with North Kingstown when he was directed by Council last summer to consult with North Kingstown to fashion the ordinance. Mr. Schweid confirmed that he had, that North Kingstown's Planner, Jon Reiner, had reviewed the ordinance before Council this evening, and that the ordinance is similar to North Kingstown's ordinance.
MOTION made by Mr. Ellis to close the Public Hearing; seconded by Mr. Monahan; and unanimously approved in the affirmative.
MOTION made by Mr. Ellis to adopt the ordinance as presented; seconded by Mr. Monahan.
Discussion: Mr. Ellis stated that he understands Mr. Schartner's concerns, that modifications can be made at a later date, and that he feels the need to move on this in order to comply with the terms of the purchase and sale agreement
Mr. Monahan agreed that in order to meet the deadline of the purchase and sale agreement, the TDR needs to be in place.
Mr. Patterson confirmed with Attorney Marusak that the ordinance can be amended if it passes. Attorney Marusak answered in the affirmative, as long as it goes through the proper process.
Back to the Motion: Voted unanimously in the affirmative.
C. LIQUOR LICENSE TRANSFER APPLICATION: RICHARD FEINBERG, EXETER WINE & SPIRITS, INC., TO DENNIS PLANTE, D&M LIQUORS, INC.; PROPERTY LOCATED AT 254 NOOSNECK HILL ROAD; PLAT 20, BLOCK 4, LOT 10:
MOTION made by Mr. Monahan to meet as the Exeter Liquor Licensing Board; seconded by Mr. Ellis; and voted unanimously in the affirmative.
MOTION made by Mr. Ellis to open the Public Hearing; seconded by Mr. Monahan; and voted unanimously in the affirmative.
Mr. Feinberg is out of town and therefore not present this evening. Mr. Plante is present.
Mr. Ellis asked Mr. Plante if he is taking over ownership of the business. Mr. Plante answered in the affirmative.
Ms. Hicks referenced correspondence from McLaughlin & Moran (Communication No. 34), indicating an objection to this transfer due to an outstanding balance. Mr. Plante stated that the sale of the business to him would be subject to Mr. Feinberg satisfying all debts.
Attorney Marusak indicated that the law states that the license cannot be transferred unless there is evidence that the debt has been paid or Mr. Feinberg, under oath, states that the debt is in dispute. The Council could approve the license transfer subject to evidence that the debt has been paid or is in dispute and the license not released until then. Mr. Plante understood and agreed.
Ms. Hicks referenced Mr. Plante's application for a victualing license to sell deli, coffee, and donuts. She indicated that the victualing license would have to be held until next month so that it could be advertised. Mr. Plante indicated that he will not be selling those items and withdrew the application.
Mr. Ellis asked Mr. Plante to see the Tax Assessor, Penny Robertson, regarding the tangibles located at the establishment. Mr. Plante had submitted a new account form, copying the tangibles that were already on file. That information needs to be updated. Mr. Plante will resubmit a new form with a more accurate listing of tangibles.
MOTION made by Mr. Monahan to close the Public Hearing; seconded by Mr. Ellis; and voted unanimously in the affirmative.
MOTION made by Mr. Ellis to grant the transfer of the license subject to: 1) an indication that the indebtedness to McLaughlin & Moran has been paid; and 2) the submission of a corrected and updated tangible list by Mr. Plante; seconded by Ms. Hicks; and voted unanimously in the affirmative.
Discussion: The Clerk indicated that advertising and certified mailing fees are owed in the amount of $123.24. Mr. Plante will stop by the Clerk's Office to make the payment.
Mr. Ellis noted for the record that the Fire Marshall, Sue Hawksley, has inspected the premises and has no objection to the transfer as there are no potential fire code violations. Mr. Ellis also noted that for many years Exeter has not had the services of a Fire Marshall to make such routine inspections and is pleased to have one now.
MOTION made by Ms. Hicks to close as the Exeter Liquor Licensing Board; seconded by Mr. Ellis; and voted unanimously in the affirmative.
A. STORM DAMAGE UPDATE: Mr. Monahan indicated that there is nothing new to report. All repairs are done and temporary repairs are completed.
B. FEMA REQUIREMENTS AND REPORTING: Mr. Monahan indicated there is nothing new to report.
Ms. Hicks indicated that Agenda Items 10A and B relate to the flooding sustained in March of this year and made the following motion.
MOTION made by Ms. Hicks that Agenda Items 10A and B be removed from the agenda; seconded by Mr. Ellis.
Discussion: Mr. Ellis stated that the Summit Road/Quattromani project is not completed, which was caused by the flooding. Mr. Monahan stated that that issue is separate from these agenda items and is being handled by a different government agency, NCRS.
Back to the Motion: Voted unanimously in the affirmative.
C. PERSONNEL ISSUES/LABOR NEGOTIATIONS: Ms. Hicks stated that the contract with the bargaining units will expire in June of 2011, so negotiating of new contracts will start soon, and inquired of Council whether a Council member should be appointed to work on this issue. Mr. Monahan added that the lawyers in the past have negotiated and then brought their suggestions to Council. Mr. Ellis stated that the procedure has been for the bargaining units to notify Council that they would like to open the negotiations and stated that the labor attorney is planning to engage Deputy Treasurer Joseph Gillis, who has been working with the contract on personnel matters.
Mr. Patterson will assist in the process.
D. RESOLUTION: EXPANDED DUTIES OF THE TREASURER: Ms. Hicks stated that Treasurer, Maria Lawler, stepped in when there was an immediate and pressing need for effective assistance in the Tax Collector's Office, which is why Council asked Attorney Marusak to prepare a resolution to allow the Treasurer to continue working in the Tax Collector's Office.
MOTION made by Mr. Ellis to adopt the resolution; seconded by Ms. Hicks.
Discussion: Mr. Ellis stated that some months ago when the Tax Collector's Clerk, Kimberly Robitaille, became the Tax Collector, there was a need for assistance. Ms. Lawler volunteered her time to assist Ms. Robitaille. Council felt it was important to compensate Ms. Lawler for her time. The arrangement has continued. Ms. Robitaille appreciates the assistance. Ms. Lawler's financial background is an asset to the office.
Mr. Patterson asked Attorney Marusak to read Section 613 of the Charter, Eligibility of Elected Officials, into the record and asked Attorney Marusak if the resolution would be in violation of this section. Attorney Marusak read the section and answered in the negative, stating that the resolution is an acknowledgement pursuant to various sections of the Charter, including Section 603, and that the Treasurer has the ability to assist in tax collection efforts. Section 5 of the Resolution states that any payments made to her, approved by the Council, shall not be considered payment for new, separate, or alternate employment or hiring, but instead as reimbursement for extraordinary actions taken by her in her present and proper capacity as Treasurer with the full direction and approval of the Council consistent with the dictates of fairness. There was a careful review to be sure this was not considered to be a new employment, a new job, or a separate hiring. This is an acknowledgement that she is working for the good of town, making sure that tax collections efforts continue, which is one of her charges under Section 603, and that she is fairly reimbursed.
Mr. Patterson stated that his concern is that there has always been a Tax Collector's Clerk and that the position has not been advertised. Attorney Marusak stated that unless Council made a clear statement, the lack of advertising would be a concern. Council feels there is a need to continue the extraordinary assistance by the Treasurer under her duties as the Treasurer.
Mr. Patterson asked the Council if an ad should be placed. Mr. Ellis stated that when Ms. Robitaille was appointed as Tax Collector several months ago, an ad was placed. There were a number of applicants. Five or six people were interviewed. Ms. Lawler asked to be considered because she had been assisting Ms. Robitaille for several months. Of the applicants interviewed, Ms. Robitaille suggested that Ms. Lawler continue and Council agreed. Mr. Ellis stated that the resolution allows Ms. Lawler to continue to use her expertise to support Ms. Robitaille. Because this is an issue of concern and because Mr. Patterson raises questions, Mr. Ellis asked Ms. Hicks to read the resolution into the record. Mr. Ellis stated that the resolution is extensive, comprehensive, speaks to a limited number of hours and rate of pay, and sites a number of sections of the Charter. Mr. Ellis thanked Attorney Marusak for researching the Charter.
Mr. Patterson asked if the position of Tax Collector's Clerk is a union position. Attorney Marusak answered in the affirmative and stated that Attorney Vincent Ragosta, the labor attorney, was asked to review this matter with the Union. The Union, at this time, has no problem with the arrangement. Ms. Hicks stated that the position is not being removed from the bargaining unit.
Mr. Patterson asked if the position of Tax Collector's Clerk will be advertised in the future. Ms. Hicks stated that she did not know, but that the Tax Collector has indicated that she would like Ms. Lawler's assistance to continue and that Ms. Lawler has indicated that she would like to continue overseeing the responsibilities in that office. Ms. Hicks also stated that this is a system that seems to be working quite well at this time. Mr. Ellis stated that he feels having someone in the Tax Collector's Office of Ms. Lawler's caliber is invaluable.
Back to the Motion: Voted as follows:
| Arlene B. Hicks | Yes |
| William P. Monahan | Yes |
| Raymond A. Morrissey, Jr. | No |
| Daniel W. Patterson | No |
| Calvin A. Ellis | Yes |
E. COMPLAINT: VIOLATION OF EXETER’S NOISE ORDINANCE: Mr. Ellis stated that he had asked that this item be placed on the agenda regarding a situation that occurred on Veteran's Day, November 11, 2010. He received a call that morning from Dawn Tortorelli of Shannon Road and was pleased that Richard Brown, the Town Sergeant was able to respond to Ms. Tortorelli's complaints of noise. Mr. Brown was able to speak to the supervisor of the construction project causing the disturbance and was able to stop the noise. The noise ordinance prohibits activity on Sundays and legal holidays. Mr. Ellis invited Ms. Tortorelli, who has other complaints, and her neighbors to come before Council this evening concerning this complaint.
Ms. Tortorelli came forward and stated that for four years she has heard constant noise, constant beeping, and that she has vibration, to the extent that ceiling lights have shattered to the floor. She and her neighbors are asking for help to stop the noise, for help to enforce the ordinance, and asked if the Town is monitoring the construction.
Ms. Tortorelli stated that she had asked in September of 2009 for an explanation of a court order concerning Deerbrook and that she had received a copy of the court order but never an explanation. Mr. Monahan stated that the court order, which supersedes the application the Zoning Board denied pertaining to Deerbrook and part of Shannon Road, does not supersede the noise ordinance, but does supersede most of the Town's planning and zoning ordinances, allowing them to do almost whatever they want. Ms. Tortorelli stated that she was not made aware of the court order when she bought her home. Mr. Monahan stated that that was not the Town's responsibility.
Concerning Ms. Tortorelli's complaint regarding foul language, Shannon Road resident, Mr. Matthew McKenna, stated that the foul language problem is still an issue. Regarding the noise complaint, Mr. McKenna stated that the noise starts earlier than 6:30 a.m. and does occur on Sundays and holidays in violation of the ordinance. Mr. McKenna asked who in Town could do something and what could they do.
Mr. Ellis recommended that the Council forward a copy of Exeter's noise ordinance to the project manager of Deerbrook Development Corporation in an effort to enforce the ordinance. As far as a law enforcement agency to enforce the code, Exeter has only Town Sergeant Brown. Council suggested that the residents seek legal and State Police assistance, as the Town has no other source of assistance.
Discussion ensued between Ms. Tortorelli, Mr. McKenna, two other Shannon Road residents, Mr. Chris Bitner and Ms. Laurel McKenna, and Council regarding the violations of noise, erosion, fire road use, and means of enforcement. Mr. Morrissey will "run interference" and the following motion entered.
MOTION made by Mr. Ellis that the Clerk direct a letter from Council, with a copy of the Town's noise ordinance, to the Project Manager at Deerbrook, Mr. Sullivan, as mentioned, and ask his staff and crew to be compliant based on the complaints that were brought to Council at the Town Council meeting of December 6, 2010; seconded by Mr. Monahan.
Discussion: Mr. Ellis stated that at least on the record the residents have come before Council and indicated their issues. The results are uncertain, but at least something in writing will be forwarded to the project manager. Mr. Ellis suggested that a copy be forwarded to Mr. Fisher as well.
Ms. Tortorelli requested that Section 4.5, Operating Standards for All Uses, be included in the letter. Council agreed.
Back to the Motion: Voted unanimously in the affirmative.
F. STATUS: LICENSE REWEWAL REQUIREMENTS: LIQUOR AND VICTUALING: Last month, some of the liquor license renewals that were granted were granted subject to certain requirements being met. The Clerk reported that all applicants have complied with the requirements and all licenses have been distributed.
G. ACCEPTANCE: PRESERVATION DRIVE AND MIA COURT: Mr. Monahan has spoken to Director of Public Works Stephen Mattscheck who has been maintaining the two roads and has no problem with acceptance of these roads.
MOTION made by Mr. Monahan to accept Preservation Drive and Mia Court as town roads; seconded by Mr. Ellis.
Discussion: Mr. Ellis stated that Council has returned the bond and that the roads need to be added to the highway map. The Clerk will update the map.
Back to the Motion: Voted unanimously in the affirmative.
H. WIND ORDINANCE: CONSULTANT TO REVIEW: The original ordinance from the Planning Board, updated version, and the Town of Scituate's version will be reviewed at a Work Session on Monday, December 13, 2010, at 6:30 p.m., before Council hires a consultant.
I. CONSERVATION OF PAPER: Ms. Hicks asked that this item be placed on the agenda and asked Council to consider ways that the Town might conserve paper.
A. HISTORIC PRESERVATION: Mr. Findlay reported that the Woody Hill School renovation is almost complete and has amounted to approximately $35,000.00. There is a question whether to shutter the new windows to curtail vandalism. This matter will be discussed at the Work Session on Monday, December 13, 2010.
B. LADD CENTER ISSUES: Attorney Marusak had nothing new to report concerning unfinished issues.
C. A VISION FOR EXETER: BORDERLANDS VILLAGE INNOVATION PROJECT: The Town Council, the Zoning Board, and the Planning Board, have been invited to a presentation of mixed use village designs at the Exeter Public Library, tomorrow evening, December 7, 2010, at 7:00. The presentation is open to the public.
D. FEE IN LIEU OF OPEN SPACE FUNDS ($38,334.24): Nothing new to discuss, review, or report this evening.
E. SCHARTNER FARMS/BALD HILL PURCHASE & SALE AGREEMENT/ROUTE 102 PICNIC GROVE: This matter will be discussed in Executive Session.
F. TOWN HALL SECURITY ISSUES: This matter will be discussed at the Work Session on Monday, December 13, 2010, at 6:30 p.m.
H. TOWN POLICIES AND PROCEDURES: This matter will be discussed at the Work Session on Monday, December 13, 2010, at 6:30 p.m.
I. DEERBROOK RECLAMATION: This is an ongoing project and will go on for the next two years.
J. CHARTER REVISIONS:
MOTION made by Mr. Monahan to remove this item from the Agenda; seconded by Ms. Hicks; and voted unanimously in the affirmative.
K. EMPLOYEE PENSION: ICMA-RC MANAGEMENT RESOLUTION:
MOTION made by Ms. Hicks to remove this item from the Agenda; seconded by Mr. Monahan.
Discussion: Mr. Ellis reported that Deputy Treasurer Joseph Gillis reports that everything is in order and moving forward.
Back to the Motion: Voted unanimously in the affirmative.
L. CEMETERY FUND: This matter will be reviewed in the Spring.
A. PUBLIC SAFETY/DISASTER PREPAREDNESS COMMITTEE LIAISON’S REPORT: Town Council Member, Daniel W. Patterson: Mr. Patterson reported that the Lieutenant Governor conducts monthly meetings of emergency manager personnel. Ms. Hicks stated that Director of Emergency Manager, E. Stefan Coutoulakis, would like to give Council an update of what he has been working onand will be invited to the Work Session of December 13, 2010, at 6:30 p.m.
B. TAX ASSESSOR’S OFFICE LIAISON’S REPORT: Town Council Member, Calvin A. Ellis: Mr. Ellis reported that he wishes Council to meet with the Tax Assessor, Penny Robertson, to discuss the issues she has been addressing. A special Work Session will be scheduled just for that purpose. Ms. Robertson continues to work on the Deerbrook situation, has submitted supplemental billing amount to $5,000,000.00, reports that appeals have been filed (many for Deerbrook; some for low-moderate income housing), and finds her clerk, Kerri Petrarca, to be invaluable.
C. PUBLIC WORKS DEPARTMENT LIAISON’S REPORT: Town Council Vice President, William P. Monahan: Mr. Monahan reports that the Public Works Department is gearing up for winter.
D. TRANSFER STATION LIAISON’S REPORT: Town Council Vice President, William P. Monahan: Nothing new to discuss, review, or report this evening.
E. ANIMAL CONTROL LIAISON’S REPORT: Town Council Member, Raymond A. Morrissey, Jr.: Mr. Morrissey reported that he has visited the shelter and met with Deana Dolan, Joyce Bastien, and Ericka Lynn Tarbox.
F. EXETER JOB CORPS ACADEMY LIAISON’S REPORT: Town Council Member, Calvin A. Ellis: Mr. Ellis stated that he was unable to attend the quarterly meeting on December 3, 2010, as he was out of town. The Clerk and Ms. Hicks were able to attend and reported that it was a lovely presentation. Mr. Ellis will meet with Joseph Depina, Exeter Job Corps Center Director, after the New Year.
G. EXETER-WEST GREENWICH SCHOOL DISTRICT LIAISON’S REPORT: Town Council President, Arlene B. Hicks: Ms. Hicks reported that the Football team has had a very good season, placing second in the Division IV Championship; that a joint hockey team is going to be formed with West Warwick at no cost to the school district, being funded by fund raising; and that Superintendent Thomas Geismar reports that the school district will be participating in Project Give Back, which is sponsored by Merchant Card Services, who will donate 25% of revenue from accounts to the schools to be used for arts and athletics. For further information, contact Ms. Hicks.
H. EXETER PUBLIC LIBRARY LIAISON’S REPORT: Town Council President, Arlene B. Hicks: Ms. Hicks reported that the Library has received two grants: one in the amount of $23,000.00 to create a "Learning Zone" and one for $500.00 from Walmart. Both grants will be administered by the Library Board and used to purchase educational materials.
I. TAX COLLECTOR’S OFFICE LIAISON’S REPORT: Town Council President, Arlene B. Hicks: Ms. Hicks reported that Tax Collector, Kimberly Robitaille, has scheduled a tax sale for June 8, 2011, at 11:00 a.m. and will advise Council at a later date which properties will be going up for tax sale.
J. WASHINGTON COUNTY REGIONAL PLANNING COUNCIL REPRESENTATIVE’S REPORT: Town Council Member, Calvin A. Ellis: Mr. Ellis reported that the Board is forwarding minutes via email in an effort to conserve paper; that the energy project ("ESCO"), an initiative to review municipal buildings' energy consumption and assess possible savings, continues and may save the district significant energy costs; and that the Board is the recipient of approximately $75,000.00 to evaluate TDR feasibility for all of Washington County.
K. TOWN COUNCIL ASSISTANT’S REPORT: Town Council Assistant, Kenneth G. Findlay: This matter will be discussed at the Work Session of December 13, 2010.
L. SOLICITOR’S REPORT: James P. Marusak, Esquire, Gidley Sarli & Marusak: Relative to the contract for the Department of Public Work's dump plow, Key Government Finance has requested the opinion of the Town's Solicitor. Attorney Marusak has submitted his standard letter to the Clerk for transmission to Key Government Finance.
Regarding correspondence received from Attorney Stephen Litwin concerning information regarding impact fees, Attorney Marusak stated that he would follow up if Council would give him direction to do so.
MOTION made by Mr. Monahan to direct Attorney James Marusak to follow up on the correspondence from Attorney Stephen Litwin concerning information regarding impact fees; seconded by Ms. Hicks; and voted unanimously in the affirmative.
A. BILL SHEET: There are no Bill Sheets submitted for approval this evening. Ms. Hicks referenced two invoices from Town Planner David Schweid for work performed at Council's request regarding the TDR ordinance.
MOTION made by Mr. Monahan to pay the two invoices submitted by Town Planner David Schweid in the amounts of 16 hours and 6.5 hours, totaling 22.5 hours, at the Planner's regular pay rate; seconded by Ms. Hicks; and voted unanimously in the affirmative.
B. TAX ASSESSOR’S ABATEMENTS:
MOTION made by Mr. Monahan to approve the Tax Assessor's Abatements; seconded by Mr. Ellis.
Discussion: Mr. Monahan stated that the abatements are self-explanatory.
Back to the Motion: Voted unanimously in the affirmative.
C. TAX COLLECTOR’S REMITTANCES AND ABATEMENTS: Ms. Hicks stated that there is a remittance, an overpayment, in the amount of $9.00.
MOTION made by Mr. Ellis to approve the Tax Collector's Remittances and Abatements; seconded by Mr. Monahan; and voted unanimously in the affirmative.
Returning to Consent Agenda Items F through L, various license renewals, Ms. Hicks referenced the applications as removed. Discussion ensued regarding the status of each of the removed applications and the requirement of each before issuance of the license. The Clerk will confirm compliance before issuance. Mr. Patterson's application was removed so that he could vote on the rest of the Consent Agenda.
MOTION made by Mr. Monahan to grant the pulled license renewals subject to completion of paperwork, paying of taxes, filling out of tangible forms, and any other paperwork that needs to be completed, with the exception of Item L; seconded by Mr. Patterson; and voted unanimously in the affirmative.
MOTION made by Mr. Monahan to grant the Firearms Dealer's license to Daniel W. Patterson; seconded by Ms. Hicks; and voted as follows:
| Arlene B. Hicks | Yes |
| William P. Monahan | Yes |
| Raymond A. Morrissey, Jr. | Yes |
| Daniel W. Patterson | Abstain |
| Calvin A. Ellis | Yes |
No. 4. 11/08/10 Letter from Anthony Catanzaro, Life Scout Member, Troop 45, regarding his Eagle Scout Project: to restore the exterior of the one-room schoolhouse opposite the Town Hall: Ms. Hicks stated that in his letter Mr. Catanzaro stated that his project will benefit the Town aesthetically and the group who once attended the school and will help to preserve the Town's history, and that he will do research to be sure his restoration is historically accurate. Council felt that though Mr. Catanzaro's request is a noble gesture, there are many issues involved and could not grant the request.
MOTION made by Mr. Monahan to forward a letter to Mr. Catanzaro thanking him for his offer but indicating that due to the fact that restoration of the school house would have to fall under Historical Society rules and regulations, this request would not be a good scout project at this time; seconded by Ms. Hicks; and voted unanimously in the affirmative.
No. 5. 11/08/10 Resume from Kenneth J. Barrette, who is interested in joining the Vision for Exeter Project Committee: Addressed previously this evening.
No. 12. 11/18/10 Letter from Kimberly & John Kennedy regarding the renewal of their Wastewater Treatment Services, Inc.: Mr. Ellis stated that this correspondence relates to Communication No. 23, that he is pleased to see that the Kennedy's responded and took the necessary steps, and suggested that this information be forwarded to the Building Department.
No. 13. 11/18/10 Letter from Soccer Rhode Island requesting placement to be heard at the January or February Town Council Meeting: Soccer Rhode Island would like to use the Town fields located across from the Exeter Animal Shelter on Route 2 for a soccer complex. Mr. Monahan reported that the fields are under contract for several more years for haying and suggested that the field behind Reynolds Field on South Road might be more suitable. The Clerk will invite Soccer Rhode Island to Council's January 3, 2010, Regular Meeting.
No. 19. 11/22/10 WARM is requesting reimbursement from the 2010 Community Development Block Grant funds in the amount of $6,666.00: Mr. Ellis suggested that this correspondence be forwarded to Geoff Marchant requesting him to check the status of same.
MOTION made by Mr. Ellis to forward this Communication No. 19 to Geoff Marchant; seconded by Ms. Hicks; and voted unanimously in the affirmative.
No. 21. 11/29/10 Unofficial Survey regarding Liquefied Natural Gas (LNG) Hess Project: No action taken.
No. 23. 11/30/10 Letter from Wastewater Treatment Services, Inc. re-instating treatment system at 98 Cedar Grove Drive: Addressed previously under Communication No. 12.
No. 24. 11/30/10 Reminder from The Trust regarding annual Safety Enhancement Grant: Ms. Hicks stated that Director of Public Works, Stephen Mattscheck, will apply, although he has not been successful in the past.
No. 25. 11/30/10 Letter of complaint from Audrey C. Schmid regarding pellet stoves: Ms. Hicks stated that this correspondence was addressed to the Rhode Island Health Department. Mr. Monahan suggested waiting for the Health Department to respond.
No. 26. 11/30/10 Letter from the Exeter Assistant Deputy State Fire Marshal, Susan L. Hawksley, stating that Exeter Volunteer Fire Company No. 2 has no objection to transferring he liquor license of Exeter Wine & Spirits, Inc. to D & M Liquors Inc.: Addressed previously this evening.
No. 27. 11/30/10 Exeter Volunteer Fire Co. No. 2 Assistant Deputy State Fire Marshal, Susan L. Hawksley has no objections to the extended liquor services to Blackwater Tavern: Mr. Ellis asked the Clerk to include a copy of this correspondence in the Blackwater Tavern file.
No. 28. 11/30/10 Letter of interest from Julie Kliever to continue to serve on the Exeter Public Library Board of Trustees: Addressed previously this evening.
No. 29. 11/30/10 Letter of resignation from Daniel W. Patterson from the Planning Board: Addressed previously this evening.
No. 30. 11/30/10 RI League of Cities & Towns is having their 11th Annual Convention at the Crowne Plaza Hotel, Warwick, Rhode Island, on January 27, 2011, registration form attached: Ms. Hicks stated that Council has been invited to this event and that it would be valuable to attend.
No. 31. 11/30/10 Letter from Suzanne Bailey regarding problem with Ms. Fulford’s dogs: Mr. Ellis stated that this is an ongoing issue and asked Mr. Morrissey to review the matter with Deana Dolan and Joyce Bastien at the Animal Shelter.
No. 33. 12/02/10 Invitation from the Exeter Chapel to join them in celebrating their 25th Anniversary as a church in Exeter, Sunday January 9, 2010, at 9:00 a.m.: Mr. Morrissey will attend the anniversary celebration in representation of Council.
No. 34. 12/02/10 Letter from McLaughlin & Moran, Inc. regarding Exeter Wine & Spirits Inc. to D & M Liquors Inc. transfer: Addressed previously this evening.
MOTION made by Mr. Monahan to enter into Executive Session pursuant to pending litigation, Section 42-46-5(a)(5); seconded by Mr. Ellis; and voted as follows:
| Arlene B. Hicks | Yes |
| William P. Monahan | Yes |
| Raymond A. Morrissey, Jr. | Yes |
| Daniel W. Patterson | Yes |
| Calvin A. Ellis | Yes |
Council entered into Executive Session at 10:02 p.m.
MOTION made by Mr. Monahan to close Executive Session; seconded by Ms. Hicks; and voted unanimously in the affirmative.
Council ended the Executive Session at 10:51 p.m.
MOTION made by Mr. Monahan to seal the Minutes of the Executive Session; seconded by Ms. Hicks; and voted unanimously in the affirmative.
Council reconvened the Regular Meeting at 10:51 p.m.
MOTION made by Mr. Monahan to adjourn the meeting; seconded by Mr. Ellis; and voted unanimously in the affirmative.
The regular meeting was adjourned at 10:51 p.m.
The next Regular Meeting of the Exeter Town Council is scheduled for Monday, January 3, 2011, at 7:00 p.m.
Respectfully submitted,
Lynn M. Hawkins
Exeter Town Clerk
Approved: January 3, 2011