August 6, 2012 - Regular Town Council Meeting
MINUTES
EXETER TOWN COUNCIL
REGULAR MEETING
AUGUST 6, 2012
Town Council President Arlene Hicks led Council and the Public in the Pledge of Allegiance.
The Regular Meeting of the Exeter Town Council was called to order at 7:04 p.m. on Monday, August 6, 2012, 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 | Absent - Working |
| | 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 |
MOTION made by Ms. Hicks to amend the Agenda Order and move Agenda Item No. 4, Acknowledgements and Announcements, before Agenda Item No. 3, Public Comment; seconded by Mr. Ellis; and voted unanimously in the affirmative.
Council moved to Agenda Item No. 4, Acknowledgements and Announcements.
Edward Nataly: Referencing his letter, Communication No. 25, Mr. Nataly stated that at the Financial Town Meeting in June, he questioned whether a salaried employee, who was going to be receiving more money, would be reporting his hours. At the Regular Meeting of July 2, 2012, Council was asked during Public Comment to address this. In his letter, Mr. Nataly references RIGL 28-12-12, which indicates that all employees are required to report their time and requested Council to review his letter and present it to the Town’s Labor Attorney. Mr. Nataly stated that workers’ compensation reporting is one reason that all employees are required to report their time.
Earl Adams: Referencing Communication No. 21, Mr. Adams stated that he is requesting reimbursement for damage to his vehicle on April 26, 2012, caused by debris shot from a Department of Public Works mower. Mr. Adams inquired whether his communication was going to be addressed this evening. Stating that normally Council does not respond during Public Comment, Ms. Hicks indicated to Mr. Adams that during Consent Agenda Council has an opportunity to pull communications for discussion; if his communication is pulled, Council would discuss it later in the evening. Mr. Adams inquired what his next step would be if the communication is not pulled.
Ms. Hicks stated that again Council does not respond to public comment.
Commendation of Lieutenant Scott Gavitt, Firefighter Taylor Flanagan, and Junior Firefighter Scott Gavitt, Jr.: Ms. Hicks stated that Council is very honored to have present this evening Lieutenant Scott Gavitt, Junior Firefighter Scott Gavitt Jr., and Firefighter Taylor Flanagan. On July 22, 2012, the three, upon responding to a call for an automobile accident on Mail Road. found an overturned vehicle on fire with the driver still inside. Ms. Hicks read in part Deputy Chief Curt Varone’s letter to Chief David Chamberlain (attached hereto and incorporated herein as “Attachment A”): “Arriving on scene in their personal vehicles, following the dispatch, Firefighter Taylor Flanagan, Lieutenant Scott Gavitt, and Junior Firefighter Scott Gavitt Jr., placing themselves at grave, personal risk, without the benefit of a handline or SCBA for protection, approached the overturned vehicle and under heavy fire conditions located and removed Mr. Lennon from the interior of the vehicle thereby saving his life. As the officer in command of Engine 8 at the time of the incident, I observed Mr. Lennon’s vehicle to be fully involved at the time of our arrival. Had not Firefighter Flanagan, Lieutenant Gavitt, and Firefighter Gavitt responded to the scene, and not effected a prompt rescue prior to the arrival of Engine 8, there is no question that Mr. Lennon would not have survived the fire conditions. Based upon the foregoing, I request and recommend that Firefighter Flanagan, Lieutenant Gavitt, and Firefighter Gavitt be commended for their heroic actions that resulted in saving a life.” Ms. Hicks stated that Council wished to honor these brave members of Exeter No. 1 for their heroic actions, asked them to step forward, and presented each with a Certificate of Recognition.
Following applause, Director of Emergency Management E. Stefan Coutoulakis came forward, congratulated the gentlemen, and presented each with a Citation from State Fire Marshall Jack Chartier, who, because of a prior engagement, could not attend this evening.
Following applause, Senator Frank Maher, Jr., came forward and bringing greetings from the State Senate recognized the gentlemen and presented each with a Senate Citation signed by himself, Majority Leader Senator Dominick Ruggerio , and Senate President M. Teresa Paiva Weed.
Following applause, Mr. Ellis stated that this act of heroism on the part of these young men is a proud moment for Exeter and that the Town is fortunate to have men such as them. Mr. Ellis then led Council and the public in a standing ovation.
Exeter Fire Chief David Chamberlain came forward, thanked Council for honoring the gentlemen, stated that he is proud that they work for him, and stated that the department is a group of volunteers who all should be thanked because it is not realized how much training and work is involved.
Following applause, on behalf of the Exeter Fire District, Chair Peter Lacouture, came forward and congratulated the gentlemen.
Following applause, Deputy Chief Rodman Jordan, who has been with the department 45 years, came forward and stated that he is very proud of the gentlemen and thanked Council for commending them this evening.
Following applause, Exeter-West Greenwich School Superintendent James Erinakes came forward and congratulated the gentlemen on behalf of the School Committee and community. Mr. Erinakes especially expressed to Firefighter Scott Gavitt Jr., who is currently a student at the junior high school, that the administrative team and school committee are very proud of his bravery.
Ms. Hicks again thanked the gentlemen and also the volunteer firefighters who perform a very valuable service to the residents of Exeter by volunteering on the fire department.
Completion of NEMCI Program: Ms. Hicks extended congratulations to Town Clerk Lynn Hawkins who has completed the New England Municipal Clerks Institute three-year program. A graduation ceremony was held in July in New Hampshire where she attended the program.
The Exeter-West Greenwich Mile: Referencing Communication No. 29, Ms. Hicks announced that tomorrow, August 7, 2012, at 6:30 p.m., nationally ranked runners will attempt to break the four-minute mile at the Exeter-West Greenwich High School track.
Council returned to the normal order of the Agenda.
MOTION made by Mr. Ellis to approve the Agenda Order as presented; seconded by Mr. Morrissey; and voted unanimously in the affirmative.
A. REYNOLDS CHARITABLE TRUST: There were no vouchers to address 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, Michael Forlingieri
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: Stephen P. Mattscheck, Director
11. PROBATE REPORT: Probate Clerk, Lynn M. Hawkins
No reports were removed this evening.
C. COMMUNICATIONS: Ms. Hicks wished to remove Communication Nos. 7, 13, 14, 15, 23, 26, and 29. Mr. Morrissey wished to remove Communication Nos. 21 and 25. Mr. Patterson wished to remove Communication No. 19.
D. SCHEDULE OF AUGUST MEETINGS AND EVENTS: This item was not removed this evening.
E. APPROVAL OF MINUTES: There were no minutes to approve this evening.
MOTION made by Mr. Ellis to accept the Consent Agenda with the exceptions noted; seconded by Mr. Morrissey; and voted unanimously in the affirmative.
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 more members.
5. Vision for Exeter Project Members: Posting for participants continues for this project, formerly known as the “Borderlands Project.” This is an ongoing project that continues to move forward with plans of revising zoning and planning ordinances.
6. Other: There were no other vacancies to address this evening.
B. APPOINTMENTS:
1. Zoning Board of Review Alternate Member (Unexpired term ends: August, 2015):
MOTION made by Mr. Patterson to appoint Susan Franco-Towell of 249 Stony Fort Road as Zoning Board of Review Alternate Member for the unexpired term ending August, 2012; seconded by Mr. Morrissey:
Discussion: Ms. Hicks noted that Ms. Franco-Towell was interviewed by Council
Back to the Motion: Voted as follows:
| Arlene B. Hicks | Yes |
| Raymond A. Morrissey, Jr. | Yes |
| Daniel W. Patterson | Yes |
| Calvin A. Ellis | Abstain – was not present for the interview |
Motion passes.
2. Zoning Board of Review Member (Term expires: July 2012):
MOTION made by Mr. Patterson to appoint Thomas McMillan as Zoning Board of Review Member for term expiring July 2012; seconded by Ms. Hicks.
Discussion: Mr. Ellis stated that though he was not present for Mr. McMillan’s interview, he notes that Mr. McMillan has served the Town previously in many ways and that he is very pleased to see that he is coming forward once again. Though they both were not present for Mr. McMillan’s interview, Mr. Ellis and Mr. Morrissey will not abstain from the vote.
Back to the Motion: Voted unanimously in the affirmative.
C. EXPIRING TERMS: There were no expiring terms to address this evening.
There were no Public Hearings scheduled for this evening.
A. PERSONNEL ISSUES/LABOR NEGOTIATIONS: Mr. Ellis noted that Tax Assessor Penny Robertson will be out of work on extended sick leave for several weeks. The office will remain open and staffed. Mr. Ellis will address a personnel matter related to this in Executive Session.
B. CHARTER AMENDMENTS: Ms. Hicks and Mr. Ellis propose the following Charter Amendment for November’s ballot: “Shall Article 8, Section 808, be added to the Charter creating a Town Administration who shall be employed by the Town and hired by the Town Council?” Council has the March 2, 2010, recommendation of the Charter Commission, which included this amendment.
MOTION made by Ms. Hicks that this Charter Amendment be put on the ballot in November; seconded by Mr. Ellis.
Discussion: Mr. Patterson queried whether an appointed town administrator would get fired every time a new Council is elected and suggested instead a Town Mayor elected by the voters.
Ms. Hicks stated that as President she realizes how difficult it is to perform day-to-day business without an administrator. She often gets phone calls that expect or require immediate response. Ms. Hicks, as one member of the Council, cannot always oblige them. She stated that “Until you’ve sat in this seat, you don’t realize the disadvantage that Exeter is sometimes at by not having somebody in charge day to day.” Many times she has been called to attend a meeting or sign something on a moment’s notice. Because of other commitments, she has been unable to comply. An administrator would be available.
Mr. Ellis stated that: this amendment has been on the ballot many times; the fact of the matter is when something needs to be done it needs to be addressed; the job of Council President gets more and more difficult; he agreed with Mr. Patterson, that the lifespan on an administrator can be short; that is unfortunate; he did not think a mayoral position at this late date could be considered; and he supports the amendment and hopes Council will also.
Ms. Hicks stated that the amendment at this time is only for inclusion in the Charter. What the administrator’s salary would be, whether the position would be part time or full time, and when an administrator would be hired are for consideration at a later date.
Back to the Motion: Voted as follows:
| Arlene B. Hicks | Yes |
| Raymond A. Morrissey, Jr. | Yes |
| Daniel W. Patterson | No |
| Calvin A. Ellis | Yes |
Motion passes.
Mr. Findlay reminded Council that the Charter requires Council to hold a Public Hearing on Charter Amendments.
MOTION made by Mr. Ellis to hold a Public Hearing on the Charter Amendment at the Regular Meeting of September 4, 2012; seconded by Ms. Hicks.
Discussion: Attorney Marusak noted that the Charter indicates that Council shall hold a public hearing no less than one week prior to the election; thus, in September or October. Discussion ensued whether to hold the hearing in October, closer to the election. The hearing will be held in September and continued to October if necessary.
Back to the Motion: Voted unanimously in the affirmative.
C. GIS STEERING COMMITTEE: REQUEST TO PROCEED ON REQUEST FOR PROPOSAL: EXETER GIS PARCEL MAPPING & WEB-BASED GIS APPLICATION: Ms. Hicks stated that going out to bid for digitization is the next step under the $50,000.00 grant received from the State.
MOTION made by Ms. Hicks to go out for Requests for Proposal for Digitization; seconded by Mr. Ellis.
Discussion: Mr. Ellis stated that this project is a big undertaking, will reap considerable benefits to the Town, and is being pursued throughout the State.
Back to the Motion: Voted unanimously in the affirmative.
D. USE OF OLD TOWN HALL: Ms. Hicks indicated that there was a brownout several weeks ago on a very hot day which caused an emergency light to smoke at the Library. The Fire Department responded and found that the utility room where the light was located was being used as a storage room, which is against fire regulations, and ordered the room cleaned. The Friends of the Exeter Library was using a closet in the Program Room to store their book sale books. The library had to relocate things in storage in the utility room to the closet. The books were temporarily relocated to the Old Town Hall. The Friends of the Exeter Library are considering having a book sale at the Old Town Hall. Though there has not been a formal request, and in the event the request is made before the next Regular Meeting, Ms. Hicks made the following motion:
MOTION made by Ms. Hicks to allow the Friends of the Exeter Library to hold a book sale at the Old Town Hall should they request the opportunity to do so; seconded by Mr. Ellis.
Discussion: Mr. Patterson inquired whether the Old Town Hall is going to be used as permanent storage for the books. Ms. Hicks believed that this sale is meant to be a last sale, then the books would be cleared out.
Mr. Ellis noted that though using the Old Town Hall for a public function is a concern, he felt a one-time use would help to expedite removal of the books from the Old Town Hall.
Back to the Motion: Voted unanimously in the affirmative.
E. INTRODUCTION OF AN ORDINANCE AMENDING THE EXETER ZONING ORDINANCE, SECTIONS 1.2, 1.3a, 2.1, 2.4, 2.4.2, 10.1,10.2, AND 10.3 RELATING TO THE ESTABLISHMENT OF A PLANNED VILLAGE OVERLAY DISTRICT: Ms. Hicks introduced the ordinance and read in part by way of explanation: “Sections 1.2, 1.3a, 2.1, 2.4, 2.4.2, 10.1, 10.2, and 10.3 of the Exeter Zoning Ordinance are amended by adding the following text as set forth in Exhibit 1, attached hereto and incorporated herein.” “The purpose of this district is to implement the Vision for Exeter by allowing for planned village development in designated areas. Planned village development shall be designed and built in a manner that is compact, pedestrian friendly, and consistent with the rural setting of Exeter. Development within these districts may include a mix of uses conducive to a vibrant, traditional, New England village setting and architectural techniques shall reflect the historic patterns that help to define Exeter’s community character. These districts shall allow for densities in commercial and residential development that are allowed in no other district and shall therefore require the transfer of development rights to leverage an increase density. The Town may also allow increased density as part of its own municipal subsidy toward the provision of deed-restricted affordable housing.” Ms. Hicks requested that the entire document be made a part of the record (attached hereto and incorporated herein as “Attachment B”). Discussion ensued regarding where and when to hold the public hearing regarding same. A Special Meeting will be scheduled, possibly in a venue other than the Council Chamber.
F. INTRODUCTION OF AN ORDINANCE AMENDING THE EXETER COMPREHENSIVE PLAN, SECTIONS 5.1, 5.2, 5.3, 5.5, AND 5.7: Ms. Hicks introduced the ordinance and read in part by way of explanation: “Economic development, for Exeter residents, can have several meanings: employment, tax base stabilization, and growth. This element of the Comprehensive Plan seeks to describe Exeter’s virtues for economic development and the parameters for a pro-active strategy to achieve goals to meet local economic needs. The purpose of this element is to present data relative to economic development in Exeter and to examine its relationship to economic development in the State. This element presents general information on State and local economic trends and conditions, employment overview, and municipal fiscal trends. The material contained in these elements is presented in support of the goals and policies laid out in Section 4.2 of this Comprehensive Plan.” Ms. Hicks requested that the entire document be made a part of the record (attached hereto and incorporated herein as “Attachment C”). A Special Meeting will be scheduled on the same evening as the public hearing for the ordinance amending the Exeter Zoning Ordinance (Agenda Item 9E).
A. HISTORIC PRESERVATION/HISTORIC CEMETERIES: Mr. Findlay did not have an update regarding the application for the grant to fund Hall School renovations. The Memorandum of Understanding with the Historical Society has not yet been signed by the Society.
B. A VISION FOR EXETER: BORDERLANDS VILLAGE INNOVATION PROJECT: Ms. Hicks noted, as discussed in Agenda Item 9E, a public hearing will be scheduled regarding the ordinance amendment establishing the village district.
C. DEERBROOK RECLAMATION: There was nothing new to address, consider, discuss, or report this evening.
D. WEAPONS PERMIT IMPLEMENTATION ISSUES: There was nothing new to address, consider, discuss, or report this evening.
MOTION made by Ms. Hicks to remove Agenda Item 10D, Weapons Permit Implementation Issues, from the agenda; seconded by Mr. Ellis; and voted unanimously in the affirmative.
E. TRANSFER STATION LEASE: This agenda item will be discussed in Executive Session.
F. INDUSTRIAL DRIVE UPDATE: Stephen Mattscheck, Director of Public Works, was present and stated that this project is on hold because the landowner is in Florida. Ms. Hicks queried whether working with the State was an option. Mr. Mattscheck indicated that the State would also have to work with the landowner. Mr. Mattscheck is trying to work with only the landowner.
G. ADOPTION OF EMERGENCY OPERATION PLAN: Mr. Findlay reported that The Trust is still reviewing the plan.
H. GROWTH MANAGEMENT ORDINANCE: Ms. Hicks noted that work on this ordinance continues.
I. RENEWAL APPLICATION: VICTUALING LICENSE: LEO ANTONINO, APPLICANT, OCEAN STATE AUTO AUCTION CORP., 10 INDUSTRIAL DRIVE, EXETER, RHODE ISLAND; PLAT 33, BLOCK 1, LOT 4: There was nothing new to address, consider, discuss, or report this evening.
J. DEPARTMENT OF PUBLIC WORKS: LANDFILL UPDATE: Stephen Mattscheck, Director of Public Works, had nothing new to report. The Department of Public Works has been working on road projects.
K. ANIMAL SHELTER: COX COMMUNICATIONS INVOICES: Mr. Ellis noted that this issue has been resolved; queried whether there is or ever was a relationship or understanding, written or verbal, between the animal shelter employees and the Friends of the Exeter Animal Shelter; understands that the Friends of the Exeter Animal Shelter have reorganized; and wonders whether a Memorandum of Understanding should be forthcoming.
Ms. Hicks noted that members of the Friends were present and turned to them for confirmation of the reorganization.
Kelly Patton, President of the Friends of Exeter Animals came forward and read into the record her letter dated August 3, 2012 (attached hereto and incorporated herein as “Attachment D”) which in sum explained: how the post office box issue came about and how it has been resolved; that the Friends have no knowledge as to how the Cox Communications invoice was redirected; that they have changed their name to distinguish themselves “as a separate entity from the animal shelter”; and that it is their hope to have a “positive, working relationship with the Council that will benefit the animals of Exeter.”
Jackie Hornik, a member of the Friends, stated that she learned from the Post Master that Cox Communications rerouted the invoice to the post office box because the Friends had requested that their mail be forwarded to their post office box rather than the animal shelter. The Friends have cancelled their forwarding request. The invoice has been corrected and should not be redirected again.
Director of the Animal Shelter, Stephen Mattscheck, was present and stated that he will ensure that mail of the Friends received at the Shelter is forwarded to the Friends. He has not seen a Cox invoice to confirm that the address has been corrected.
Mr. Ellis noted that some of the Friends are volunteering at the shelter. Ms. Hornik noted that the Friends are also still contributing financially to the shelter and the animals.
Council thanked Ms. Patton and Ms. Hornik for their attendance at this evening's meeting and offering their explanations.
L. REVIEW OF OUTDOOR ENTERTAINMENT APPLICATION AND LICENSE FEES: EXETER CODE OF ORDINANCES, SECTIONS 6-112(6) AND 6-116: Mr. Findlay distributed to Council Draft No. 2 containing summarized comments from the work session, Fire Marshal, Town Planner, and Town Clerk. The next step is review by the Town Solicitor. If there are no further issues, it is ready for public hearing. Mr. Ellis stated that he appreciated the staffs’ input, which was very helpful.
M. CONTINUED FROM REGULAR MEETING OF JUNE 4, 2012: REVIEW TEMPORARY CONDITIONAL LICENSE AND FURTHER CONSIDERATION OF APPLICATION FOR LIQUOR LICENSE EXPANSION APPLICATION: PETER BUONNANNI, OWNER/APPLICANT; CORNERSTONE PUB; 273 NOOSENECK HILL ROAD, EXETER, RI 02822; PLAT 20/BLOCK 3/LOT 12: The Town Clerk indicated that she has not received any negative feedback on the conditional license.
Ms. Hicks turned to Mr. Buonanni, who was present, and inquired how the conditional license was working out for him. Mr. Buonanni answered that it was working out well; that when it is time, he completely shuts down the deck, turning off the lights and preventing anyone from going out there at all after hours. It is hope that the neighbors have no complaints. Steven Lukowicz, a neighbor, stated that it does get noisy from time to time, but nothing to complain about; if the conditions stay the same, the neighbors are happy. Ms. Hicks inquired whether Mr. Lukowicz knew if anyone had gone to Mr. Buonanni to complain. Mr. Lukowicz answered in the negative; that Mr. Buonanni is doing a good job at the restaurant. Mr. Ellis stated that the neighbors had endured unpleasant circumstances prior to Mr. Buonanni owning the restaurant; if they are now happy, then it is a credit to Mr. Buonanni that he has responded positively to their concerns. Mr. Buonanni stated that he wishes to have a working relationship with his neighbors, that he respects where they live, and hopes that they will come to him with their concerns.
Mr. Buonnani inquired about the process to have future business, such as an outdoor fundraiser. Attorney Marusak stated that more than likely an Outdoor Entertainment License would be required, but indicated that Mr. Buonanni should contact the Town Clerk to inquire whether a license is required for the event; if so, which one; and as to the process. Mr. Buonnani stated that his understanding of the outdoor entertainment license process makes it difficult for a business to hold an event if the business is approached to hold an event after a regular meeting and before the next one. Mr. Buonanni also finds the title of the license misleading, as an event such as a fundraiser, does not usually include entertainment. Mr. Buonnani wants to “do the right thing” by the Town and the neighbors, but also would also like to be able to create revenue.
Mr. Buonnani inquired whether his patrons can eat at the tables in the roped-in picnic area. Ms. Hicks stated that the license is only conditional to the deck. If Mr. Buonanni wants to utilize the picnic area and liquor is going to be served, then another public hearing would be required to further expand the liquor license.
Attorney Marusak advised Council to convene as the Exeter Liquor Licensing Board to make their decision whether to remove the word “Temporary” from this conditional license and whether to continue it for the remainder of the liquor licensing year, until November 30, 2012.
MOTION made by Mr. Ellis to convene as the Exeter Liquor Licensing Board based on the advice of legal counsel; seconded by Mr. Patterson; and voted unanimously in the affirmative.
MOTION made by Ms. Hicks to continue the license for the rest of its period, until it expires, with the word “Temporary” removed, and under the conditions under which it was granted; seconded by Mr. Ellis.
Discussion: Ms. Hicks noted the conditions of the license: Friday and Saturday: no food or alcohol on the deck after 9:00 p.m.; deck closes at 10:00 p.m.; Sunday through Thursday: no food or alcohol after 8:00 p.m.; deck closes at 9:00 p.m.; there is to be no music on the deck.
Back to the Motion: Voted unanimously in the affirmative.
MOTION made by Mr. Ellis to close as the Exeter Liquor Licensing Board; seconded by Mr. Morrissey; and voted unanimously in the affirmative.
MOTION made by Mr. Patterson to reconvene as the Town Council; seconded by Mr. Morrissey; and voted unanimously in the affirmative.
The license will run until November 30, 2012, the expiration date of all liquor licenses; then will be up for renewal. Mr. Buonanni thanked Council.
A. PUBLIC SAFETY/DISASTER PREPAREDNESS COMMITTEE LIAISON’S REPORT: Town Council Member, Daniel W. Patterson: Director of Emergency Management, E. Stefan Coutoulakis, was present to comment on the recent three-day hurricane exercise at Ladd School. The intent of the exercise (an explosion at a fictional chemical plant during "Hurricane Quagmire") was to incorporate military and local assets in the event of a disaster. As was reflected in The Standard, though there were some good lessons and needs learned, there were some missteps in the activities of the exercise, which were the result of miscommunication of the design team. The Director of Rhode Island Emergency Management and Mr. Coutoulakis are meeting to determine what happened, work towards reestablishing local partnerships, and work towards correcting the issues that occurred. Exeter had secured funding to have a vehicle available throughout the exercise, a total of 75 hours. Eight volunteers from Exeter No. 1 took the three days off from their full-time jobs to participate. Chief Dennis Colacone and Captain Charlie Chappell were instrumental in scheduling EMTs in the field hospital and working closely with the other fire departments that participated, resulting in high marks from the Regional Disaster Medical Assistance Team, Rhode Island DMAT, and the military. Tax Assessor Penny Robertson and Tax Assessor's Clerk Kerri Petrarca worked with Rhode Island Emergency Management's business affiliates. Mr. Coutoulakis felt the exercise was a tremendous team effort throughout the Town.
Mr. Ellis indicated that Council is very proud of the work Mr. Coutoulakis is doing for the Town and recognizes his efforts.
Mr. Morrissey inquired as to Andrew Treat, Assistant Director of Emergency Management. Mr. Coutoulakis stated that Mr. Treat is doing very well as assistant, that he learns quickly and applies himself wholeheartedly.
B. TAX ASSESSOR’S OFFICE LIAISON’S REPORT: Town Council Member, Calvin A. Ellis: Mr. Ellis reported that the deadline to file appeals is August 15, 2012. The appeal forms, along with other Tax Assessor forms, can be obtained on the Town's website.
Mr. Ellis noted that last month's Planner's report indicated that Building Planning Zoning Clerk Lorrie Field has updated the building permits, a significant project in that it helps the Assessor's Office tremendously as this information is now part of its database and is up to date.
C. PUBLIC WORKS DEPARTMENT LIAISON’S REPORT: Town Council Vice President, William P. Monahan: Director of Public Works Stephen Mattscheck reported that roads are being prepped for stone steal. Microsurfacing will begin next week.
D. TRANSFER STATION LIAISON’S REPORT: Town Council Vice President, William P. Monahan: Director of Public Works Stephen Mattscheck reported that the single stream recycling caused some traffic issues which have been addressed. The machine at the recycling center in Johnston is having difficulties. The State is working with the municipalities regarding how to send and sort the recycling.
Transfer station stickers expire August 31, 2012. Stickers for September 1, 2012, through August 31, 2013, are available now at Town Hall. Discussion ensued regarding the sale of same on weekends.
MOTION made by Mr. Ellis to authorize the Town Clerk to schedule the selling of transfer station stickers on the weekends of August 25, September 1, and September 8; seconded by Ms. Hicks; and voted unanimously in the affirmative.
E. ANIMAL CONTROL LIAISON’S REPORT: Town Council Member, Raymond A. Morrissey, Jr.: Mr. Morrissey wished to discuss a couple of issues in Executive Session and reported that since Stephen Mattscheck has taken over as Director, the Animal Shelter has been relatively quiet. Mr. Morrissey thanked Mr. Mattscheck for all the work he has done and is doing.
Director of the Animal Shelter, Stephen Mattscheck, reported that the shelter is at full capacity for dogs and is cycling cats quickly. Two cats, who had ringworm, have been cleared by the veterinarian. The room is being disinfected and sanitized and then can be used for general population. Installation of the solar hot water system (approved by Council at the Regular Meeting of July 2, 2012, and funded by ARRA funds) is scheduled to begin this week. The project will take three to four days to complete.
Mr. Morrissey noted Mr. Mattscheck's updated list of volunteers. Mr. Mattscheck is limiting a maximum of two volunteers working per staff members working. Community service individuals volunteer weekly.
Mr. Ellis noted that two staff members have requested various days off and inquired whether those requests would cause staffing concerns. Mr. Mattscheck answered in the negative, as long as there is coverage, which at this time does not appear to be an issue. Pursuant to the Union contract, Council must approve the requests for time off.
Mr. Mattscheck reported that a donkey, abandoned on the Exeter end of Route 165, was turned in to him by the State Police. Currently, it is residing with an Animal Control Officer, who has the accommodations for it. The shelter is not equipped for large animals at the present time. Though funds have been approved for fencing at the shelter, other issues must be considered first, for example, how large animals will be transported to the shelter and quarantine issues. The donkey is old and malnourished, but being cared for, doing well, and being seen by the veterinarian. The donkey will be put up for adoption. Mr. Mattscheck does not see foresee a problem in moving the donkey on and will find it a good home.
F. EXETER JOB CORPS ACADEMY LIAISON’S REPORT: Town Council Member, Calvin A. Ellis: Mr. Ellis reported that unfortunately Director Joseph Depina has left the facility to take a position at another academy. A new director has been installed but not announced.
G. EXETER-WEST GREENWICH SCHOOL DISTRICT LIAISON’S REPORT: Town Council President, Arlene B. Hicks: Ms. Hicks reported that a reception to meet new School Superintendant James Erniakes is scheduled for August 8, from 6:00 p.m. to 7:00 p.m., in the High School Library.
H. EXETER PUBLIC LIBRARY LIAISON’S REPORT: Town Council President, Arlene B. Hicks: Ms. Hicks reported that she has been provided wording for a sign for six playground rules by the library staff, which includes three that Council had suggested. One rule, "No dogs," will be changed to "No Animals."
MOTION made by Mr. Patterson to install the sign at the playground at the Exeter Library with the rules forwarded; seconded by Ms. Hicks; and voted unanimously in the affirmative.
I. TAX COLLECTOR’S OFFICE LIAISON’S REPORT: Town Council President, Arlene B. Hicks: Ms. Hicks had nothing new to address, consider, discuss, or report this evening, other than things are going well.
J. WASHINGTON COUNTY REGIONAL PLANNING COUNCIL REPRESENTATIVE’S REPORT: Town Council Member, Calvin A. Ellis: Mr. Ellis reported that the Council will be reaching out to President Hicks to discuss IT partnering, noted that at a recent meeting the main topic was orchestrating legislative concerns, and distributed to Council copies of a handout he received at a recent meeting for their review and reference.
K. TOWN COUNCIL ASSISTANT’S REPORT: Town Council Assistant, Kenneth G. Findlay: Mr. Findlay reported that the website has been updated.
L. SOLICITOR’S REPORT: James P. Marusak, Esquire, Gidley Sarli & Marusak:
Attorney Marusak had nothing new to address, consider, discuss, or report this evening, but will update Council on three items in Executive Session.
A. BILL SHEET:
MOTION made by Ms. Hicks to approve Bill Sheet dated August 3, 2012; seconded by Mr. Ellis.
Discussion: Mr. Ellis reported that he periodically confirms with Treasurer Maria Lawler questions and researches invoices that pose questions. Ms. Lawler, today, again indicated that everything she asks Council to approve on the Bill Sheet is in order.
Back to the Motion: Voted unanimously in the affirmative.
B. TAX ASSESSOR’S ABATEMENTS:
MOTION made by Mr. Ellis to approve Tax Assessor’s Abatements in the amount of $3,991.14; seconded by Ms. Hicks; and voted unanimously in the affirmative.
C. TAX COLLECTOR’S REMITTANCES AND ABATEMENTS:
MOTION made by Mr. Ellis to approve Tax Collector's Remittances in the amount of $335.66 and Tax Collector’s Abatements in the amount of $1,307.18; seconded by Mr. Morrissey; and voted unanimously in the affirmative.
There were no other administrative issues to consider this evening.
No. 7. 07/10/2012 Letter from ISO National Processing Center regarding a recent meeting with Ronald DeFrancesco Building Inspector on Building Code Effectiveness Grading Schedule Classification Results: Ms. Hicks reported that Building Inspector Ronald DeFrancesco has responded to this communication by completing the survey by the deadline of August 2.
No. 13. 07/16/2012 Letter from Gary Casaly, Chairman of Boone Lake Management District thanking Lynn Hawkins, Town Clerk, and her staff for all the help he received with his visit to Town Hall: Ms. Hicks noted that the Town Clerk and her staff, Deputy Clerk Ruth Stone and Clerical Assistant Patricia Whitford, have been recognized for their assistance to Mr. Casaly on his recent visit to Town Hall.
No. 14. 07/17/2012 Invitation from Yawgoo Valley Water Park who is hosting the 2nd annual Dowgie Pawdle fundraiser on September 9, 2012: Ms. Hicks noted that this event will take place from 11:00 a.m. to 3:00 p.m. and that animal shelters can bring animals for adoption. Director of the Animal Shelter, Stephen Mattscheck, indicates that arrangements have been made for the shelter to bring some dogs.
No. 15. 07/23/2012 Letters from Cheryl A. Fernstrom, President of the RI Clerks’ Association and incoming President Richard Goldstein congratulating Town Clerk Lynn Hawkins on completion of three-year course with New England Municipal Clerks’ Institute and Academy with Certificate of Completion: Addressed previously this evening.
No. 19. 07/25/2012 Letter unsigned from Exeter Resident on tax breaks for Firefighters: Mr. Patterson noted that this was an unsigned, anonymous letter, and questioned why it was made a communication. Ms. Hicks indicated, that, normally, unsigned, anonymous letters are not posted as communications but that she had directed that it be made a communication in order to remind the public that only signed communications can be addressed by Council.
No. 21. 07/25/2012 Letter from M. Earl Adams III seeking reimbursement for damage done to his vehicle: Mr. Morrissey queried how to handle Mr. Adams' request. Attorney Marusak stated that because the damage does not meet the Town's insurance policy deductible, the issue has been referred to the Town Council. Council can take the matter under advisement, obtain a report from the Department head, and choose to either make a decision or take no action either in open or executive decision.
Ms. Hicks inquired of Mr. Adams whether he filed a police report. Mr. Adams answered in the negative. Ms. Hicks noted that Council has from Mr. Adams only an estimate and that the paperwork provided by Mr. Adams indicates that the vehicle was going in for repair on July 23. Mr. Adams indicated that the vehicle has not been repaired as of yet, that it went in for repair this morning.
The matter will be discussed by Council in Executive Session.
No. 23. 07/27/2012 Survey from RI Governor’s Task Force on Shared Municipal Services: Though there is no requirement to participate, Ms. Hicks inquired of Council whether they wished to respond to the survey. Council declined.
No. 25. 07/30/2012 Letter from Ted Nataly with questions regarding salary employee’s and time clocks: From the transcript of the June 12, 2012, Financial Town Meeting, on Page 15, Ms. Hicks read into the record Mr. Nataly's statement: "Federal law says that every employee should punch or has to punch in and out." In answer to that statement, Ms. Hicks and Mr. Monahan had both responded that Mr. Mattscheck is salaried. Ms. Hicks had asked the Treasurer's Department for an explanation as to why salaried employees do not punch a time clock. Deputy Treasurer Joseph Gillis provided Ms. Hicks with a copy of the Federal Fair Labor Standards Act, which references employees exempt from punching a time clock. Mr. Mattscheck meets the definitions of an exempt employee, and, therefore, does not, in fact, have to punch a time clock. Ms. Hicks forwarded Mr. Nataly's communication and the copy of Rhode Island State law he provided to the Town's Labor Attorney, Vincent Ragosta. Attorney Ragosta researched the issue and discussed the issue with the Department of Labor and Training. Attorney Ragosta reported back to Ms. Hicks that "the Town's Labor Attorney has looked into the matter, discussed the record keeping requirements of RIGL 28-12-12 with Rhode Island Department of Labor and Training officials and opines that the Town is in compliance with State record keeping mandates."
Mr. Ellis thanked Ms. Hicks for pursuing this issue. Mr. Ellis had contacted the Finance Director in South Kingstown to inquire whether his salaried employees punch a time clock. The answer was in the negative. Mr. Ellis noted that Mr. Mattscheck meets the exemption for punching a time clock at the Federal level and that the State concurs.
Mr. Morrissey suggested that Mr. Nataly may be asking for accountability. Ms. Hicks did not think there was more that could be done, since Attorney Ragosta has indicated that the Town is in compliance.
No. 26. 07/30/2012 Letter from the RI Public Expenditure Council requesting procedure used by the town for revaluation or statistical updates: Ms. Hicks noted that Tax Assessor Penny Robertson has been copied on this communication.
No. 29. 08/02/2012 Notice of The Exeter-West Greenwich Mile, first four-minute outdoor mile in Rhode Island, Tuesday, August 7, 2012, 6:30 p.m., at the Exeter-West Greenwich High School Track: Addressed previously this evening.
MOTION made by Mr. Ellis to enter into Executive Session pursuant to RIGL Sections 42-46-5(a)(1), 42-46-5(a)(2), and 42-46-5(a)(5); seconded by Mr. Morrissey; and voted as follows:
| Arlene B. Hicks | Yes |
| Raymond A. Morrissey, Jr. | Yes |
| Daniel W. Patterson | Yes |
| Calvin A. Ellis | Yes |
Motion passes.
Council entered into Executive Session at 9:58 p.m.
Council adjourned Executive Session at 11:10 p.m. and reassembled in open session.
MOTION made by Ms. Hicks to seal the minutes of and affirm the votes taken in Executive Session; seconded by Mr. Patterson; and voted unanimously in the affirmative.
MOTION made by Mr. Ellis to adjourn the meeting; seconded by Mr. Morrissey; and voted unanimously in the affirmative.
The Regular Meeting was adjourned at 11:10 p.m.
The next Regular Meeting of the Exeter Town Council is scheduled for Tuesday, September 4, 2012, at 7:00 p.m.
Respectfully submitted,
Lynn M. Hawkins
Exeter Town Clerk
Approved: September 4, 2012