April 1, 2013 - Regular Town Council Meeting
MINUTES
EXETER TOWN COUNCIL
REGULAR MEETING
APRIL 1, 2013
Town Council Member Robert E. Johnson, Jr., led Council and the Public in the Pledge of Allegiance.
The Regular Meeting of the Exeter Town Council was called to order at 7:00 p.m. on Monday, April 1, 2013, 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 |
| | Robert E. Johnson, Jr. | Present |
| | Calvin A. Ellis | Present |
| | | |
| Also Present: | James P. Marusak, Esquire, Town Solicitor; | |
| | Kenneth G. Findlay, Council Assistant; | |
| | and Lynn M. Hawkins, Town Clerk | |
Theresa Donovan: Ms. Donovan of 75 Locust Valley Road, Exeter, a member of the Exeter-West Greenwich Regional School Committee, came forward to ask for support of the school committee-supported budget of $30,458,346.00. An all-day referendum is scheduled for April 8, 2013. Voting for Exeter residents will take place at Town Hall from 7:00 a.m. to 8:00 p.m. Voters are asked to bring a canned good to help support the Food Bank. The proposed budget represents an increase in Exeter's share over last year. The increase is 3.32%, which represents a 1.9% increase since 2011, unheard for school districts. An amendment has been submitted for a budget of $29,900,010.00, a $10.00 increase over last year's budget. Last year, there was not enough money in the budget. Surplus money, which is no longer available, was used to help balance the budget and sustain operations. If supported, the budget will help to fund a student-wide, school-wide technology update.
Rodney Santos: Mr. Santos stated that in follow up to Council's Special Meeting of March 11, 2013, he submitted to Council three documents (Communication No. 46). He highlighted the areas that relate to concealed weapons, the Second Amendment, and the Constitution. One was his presentation at Council's Special Meeting of March 11, 2013. The second was the Superior Court case, James Archer v. William A. MacGarry, which speaks to: licensing authority; the difference between "shall" and "may," definitions and mandates, and the two paths; and the Constitution. He stated that the points in the case are accurate, a court order, and what Council is trying to change by having Representative Valencia bring a bill to the House. Mr. Santos stated, as demonstrated at the March 11 meeting that many citizens: do not want the bill brought; want to keep the two paths to their Second Amendment rights, the Attorney General as a “may” issue and the local licensing authority as a “shall” issue; and want the local licensing authority to do their jobs in concert with the law and firearm act. The third, a letter from Representative Chippendale, also explains "shall" and "may," Constitutional paths, and rights. He asked Council to read the documents in depth. If the right is transferred to the Attorney General, the citizens will lose their Second Amendment right as the Attorney General may issue in an unbound discretionary manner.
Letitia Davis: Ms. Davis of Williams Reynolds Road, Exeter, stated that Council's resolution relating to gun permitting in Exeter should be withdrawn. Ms. Davis queried: who initiated the resolution; have other Rhode Island officials been contacted about the issue; was a Council member present at the March 1, 2013, Warwick City Hall meeting; is the resolution a step towards the Attorney General being the sole licensing authority; and if the Clerk receives the same background check as the Attorney General, what sensitive information is she missing as cited in the resolution? She stated that the citizens have the right to know whether Council is actively working to unconstitutionally restrict Second Amendment rights. Some Council members feel that the issuance of permits by the Clerk is not in the public safety. Ms. Davis stated that the Clerk Lynn Hawkins and Town Sergeant Richard Brown have been serving the Town well. Ms. Davis stated that Ms. Hawkins and Sergeant Brown have been processing applications and denying and granting permits and she finds it offensive that it is implied that Ms. Hawkins and Mr. Brown do not have the capability to appropriately handle the assessment and issuance of applications, which is an administrative duty and not a discretionary law enforcement issue. Ms. Davis indicated that an appeals process should be set up as, without which, a denial of permit will result in a lawsuit and felt that Council's discomfort with events elsewhere should not trump the Constitution and should not be used to justify restricting citizens' rights to protect themselves.
Roger Swann: Mr. Swann of the Firearm Owner's League, wished to clarify Mr. Ellis' statement at the March 11, 2013, Special Meeting that a 2010 rifle study on his organization's website indicated that the Barrington Chief of Police was sending applications to the Attorney General. In fact, the Barrington Police of Chief is now processing applications. Mr. Swann stated that his organization is going to let the Rhode Island Supreme Court decide whether Exeter can send applications to the Attorney General. A request for a certiorari review of the process in Exeter has been filed and will be forwarded to the Town within the next week. Mr. Swann noted that the Clerk has been issuing hunting licenses, which according to law, cannot be issued to persons convicted of a crime of violence. No one has been concerned about the Clerk's ability to issue those licenses. What's the difference between those and gun permitting? Mr. Swann believes there is an anti-Second Amendment agenda in Exeter. His organization is next going to be taking action on the 1983 Act.
Edward Doyle: Mr. Doyle of the Rhode Island Chapter Administrator of Gun Rights Across America stated that Council's resolution should be withdrawn and demanded that the subject remain open for further discussion and investigation, as he believes there may have been ulterior motives for the introduction of this resolution.
A. EXETER-WEST GREENWICH/WEST WARWICK CO-OP HOCKEY TEAM, DIVISION III CHAMPIONS: Council offered its congratulations to the team.
B. EXETER-WEST GREENWICH REGIONAL SCHOOL DISTRICT, ALL-DAY REFERENDUM, APRIL 8, 2013, 7:00 A.M. TO 8:00 P.M., EXETER TOWN HALL, 675 TEN ROD ROAD, EXETER: Ms. Hicks invited all residents to vote.
MOTION made by Mr. Monahan to approve the agenda order; seconded by Mr. Johnson; and voted unanimously in the affirmative.
A. REYNOLDS CHARITABLE TRUST: There were no vouchers 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, Michael Forlingieri
7. TOWN PLANNER’S REPORT: David W. Schweid, AICP
8. DEPARTMENT OF PUBLIC WELFARE: Director of Public Welfare, Christine Heart Skaggs
9. EMERGENCY MANAGEMENT REPORT: Director of Emergency Management, E. Stefan Coutoulakis
10. ANIMAL CONTROL REPORT: Director, Stephen P. Mattscheck
11. PROBATE REPORT: Probate Clerk, Lynn M. Hawkins
There were no reports removed this evening.
C. COMMUNICATIONS: Mr. Morrissey wished to remove Nos. 19, 20, 21, 31, 37, and 38. Mr. Johnson wished to remove No. 40. Mr. Ellis wished to remove Nos. 4,13, 22, and 23. Ms. Hicks wished to remove No. 18.
D. SCHEDULE OF APRIL MEETINGS AND EVENTS: This agenda item was not removed this evening.
E. APPROVAL OF MINUTES:
1. REGULAR COUNCIL MEETING, MARCH 4, 2013
2. REGULAR COUNCIL MEETING, EXECUTIVE SESSION, MARCH 4, 2013
3. SPECIAL COUNCIL MEETING, MARCH 11, 2013
Mr. Ellis wished to remove Nos. 6.E.1. and 6.E.2.
F. KENNEL LICENSE RENEWALS:
1. Class 1 (over 10 dogs)
a. Robert E. and Marianne Winski, Cozy Paws Pet Resort, 495 Nooseneck Hill Road
b. Scott and Ruth Gordon, Delmyra Kennels, 191 Ten Rod Road
c. John Mann, Mann’s Best Friend, 76 Levitt Lane
d. Marietta Kahla, 454 Ten Rod Road
e. Ruth Colwill, 174 Hallville Road
f. Kathleen and Donald Perkins, 2572 Ten Rod Road
The Clerk reported that John Mann owes a surcharge of $7.00 to the Town and that two of the Perkins’ dogs have not been vaccinated for rabies.
2. Class 2 (four to ten dogs)
a. John J. Hood, 9 Skunk Hill Road
b. Richard D. Walker, 115 Hallville Road
c. Nancy E. Kohler, 287 Yawgoo Valley Road
d. Walter & Joanne Monroe, 160 School Land Woods Road
e. Freida Spitz, 639A South County Trail
f. Gary E. Donnelly, 224 South Road
g. Susan Newell, 23 New Road
The Clerk reported that Nancy Kohler owes a surcharge of $4.00 to the Town.
Ms. Hicks wished to remove Items 6.F.1.c., 6.F.1.f., and 6.F.2.c.
MOTION made by Mr. Monahan to approve the Consent Agenda as amended; seconded by Mr. Ellis; and voted unanimously in the affirmative.
MOTION made by Ms. Hicks to approve Items 6.E.1. and 6.E.2.; seconded by
Mr. Monahan; and voted as follows:
| Arlene B. Hicks | Yes |
| William P. Monahan | Yes |
| Raymond A. Morrissey, Jr. | Yes |
| Robert E. Johnson, Jr. | Yes |
| Calvin A. Ellis | Abstain |
Motion passes.
MOTION made by Ms. Hicks to approve Items 6.F.1.c., 6.F.1.f., and 6.F.2.c. subject to all requirements being completed; 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 more members.
5. Vision for Exeter Project Members: This commission has not been meeting, but that is not to say that they will not meet in the future.
B. RESIGNATIONS: There were no resignations to address this evening.
C. APPOINTMENTS:
1. JUVENILE HEARING BOARD MEMBER: (term expiring March, 2013): As the vacancy has been posted and no letters of interest have been received, the following motion was made:
MOTION made by Ms. Hicks to continue to post for Juvenile Hearing Board Member for term expiring March, 2013; seconded by Mr. Monahan; and voted unanimously in the affirmative.
D. EXPIRING TERMS: There were no expiring terms to address this evening.
A. APPLICATION FOR PUBLIC ENTERTAINMENT LICENSE: PENDAR REALTY LLC, APPLICANT; OAK HARBOR VILLAGE CAR SHOWS; 567 SOUTH COUNTY TRAIL, SUITE 111, EXETER, RHODE ISLAND; PLAT71/BLOCK 4/LOT 1: Ms. Hicks stated that, as the abutters to the site were inadvertently not notified, this Public Hearing is rescheduled to a Special Meeting on April 15, 2013.
B. FY 2013 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG “) APPLICATION:
MOTION made by Mr. Monahan to open the Public Hearing; seconded by Mr. Morrissey; and voted unanimously in the affirmative.
Town Planner David Schweid came forward and stated that applications have been received from organizations that, though not located in Exeter, do help support and provide services to Exeter's residents. Mary Roder, Director of the Domestic Violence Research Center of South County, was present and stated that their application is for maintenance of their drop-in center, the only one in South County, and that five percent of those they served last year were Exeter residents. Lou Raymond stated that South County Habitat is seeking funds to purchase a piece of property in Cedar Grove, Exeter, on which they plan to build a single-family home, which will be counted in the Town as affordable into perpetuity. Mr. Schweid provided Council with a summary of all the applications. The Planning Board has reviewed the applications for consistency with the Comprehensive Plan and has made their recommendation in order of priority. The State requires the Town to submit the application and establish an order of priority. The Town asks for whatever amounts the organizations ask for, which has never met the cap. Mr. Ellis queried whether Director of Public Welfare Christine Skaggs was aware of the organizations. Ms. Skaggs was present and stated that she is aware of the organizations. As there have been issues of double dipping, she will work with the organizations to learn who is being served, how, and when, and she will be holding a workshop with community leaders on April 23, 2013, to develop a means of tracking who is receiving what help from what organization. Mr. Schweid requested a motion to authorize him to make application to the State and authorize President Hicks to sign it.
MOTION made by Mr. Ellis to close the Public Hearing; seconded by Mr. Johnson; and voted unanimously in the affirmative.
MOTION made by Mr. Ellis to proceed with the FY 2013 Community Development Block Grant Application in the order recommended by the Planning Board; seconded by Mr. Monahan.
Discussion: Ms. Hicks queried whether anything else should be included in the motion. Mr. Schweid suggested that President Hicks be authorized to sign the application. Mr. Ellis noted that he intended that to be inherent in the motion.
Back to the Motion: Voted unanimously in the affirmative.
A. PERSONNEL ISSUES/LABOR NEGOTIATIONS: There was nothing new to address, consider, discuss, or report this evening.
B. DEPARTMENT OF PUBLIC WORKS: REQUEST FOR UTILITY CURB CUT PERMIT: Mr. Monahan reported that National Grid has requested a utility curb cut permit to dig a 2' by 2' hole to do welding and testing on Top Hill Drive near Tupelo Drive. Director of Public Works Stephen Mattscheck approves of the permit.
MOTION made by Mr. Monahan to approve the utility curb cut permit at Top Hill Drive near Tupelo Drive; seconded by Mr. Ellis.
Discussion: Mr. Ellis noted that Mr. Mattscheck indicates that the permit is routine and that approval by Council is required by National Grid.
Back to the Motion: Voted unanimously in the affirmative.
C. VICTUALING LICENSE APPLICATION: MICHELLE FABRICANT, APPLICANT; KIKI’S ICE CREAM, 567 SOUTH COUNTY TRAIL, EXETER, RHODE ISLAND; PLAT 71/BLOCK4/LOT 1: The Clerk reported that Ms. Fabricant owes copies of her food handler's license and proof of workers compensation insurance and needs clearance from the Zoning Inspector and to file a New Account Form with the Tax Assessor.
MOTION made by Mr. Monahan to approve a Victualing License for Michelle Fabricant for Kiki's Ice Cream pending the completion of all paperwork due the Town; seconded by Mr. Ellis; and voted unanimously in the affirmative.
D. VICTUALING LICENSE APPLICATION: MARIOS M. KIRIOS and MICHAEL P. KIRIOS, APPLICANTS; MIDDLE OF NOWHERE DINER, 222 NOOSENECK HILL ROAD, EXETER, RHODE ISLAND; PLAT 20/BLOCK 5/ LOT 13: The Clerk reported that Messrs. Kirios need clearance from the Zoning Inspector and to file a New Account Form with the Tax Assessor. A food handler's license also needs to be presented. The Department of Health has indicated that the existing license has to be canceled and that their inspection will not be done until the end of this week or next week.
MOTION made by Mr. Ellis to approve the Victualing License to Marios and Michael Kirios for Middle of Nowhere Diner subject to the requirements remaining; seconded by Ms. Hicks.
Discussion: Mr. Zarokostas, owner of the property was present, and stated that he is working with the Department of Health. Mr. Ellis noted Fire Marshal Sue Hawksley's report, which indicates several deficiencies. The Clerk indicated that clearance on those were received late this afternoon.
Back to the Motion: Voted unanimously in the affirmative.
E. HAWKER’S LICENSE APPLICATION: WALTER A. LINTON, APPLICANT; WALT’S HOT DOGS, 483 TRIPPS CORNER ROAD, EXETER, RHODE ISLAND; PLAT 35/BLOCK 2/LOT 1: The Clerk reported that Mr. Linton needs to file his 2013 Annual Return with the Tax Assessor and provide a letter of permission from the property owner.
MOTION made by Mr. Monahan to grant a Hawker's License to Mr. Linton for Walt's Hot Dogs pending outstanding paperwork he owes to the Town of Exeter; seconded by Mr. Johnson.
Discussion: Mr. Ellis noted a Zoning Decision changing the status of the property. Though the owners of the property do not presently seem to be proceeding with their plan, if they do decide to proceed, one condition of the Zoning Decision is that the hot dog stand would have to be removed. Mr. Linton will be provided a copy of the zoning decision.
Back to the Motion: Voted unanimously in the affirmative.
F. HAWKER’S LICENSE APPLICATION: WARREN PHILIPPI, APPLICANT; WARREN’S BARGAINS GALORE; 171 NOOSENECK HILL ROAD, EXETER, RHODE ISLAND; PLAT 20/BLOCK 3/LOT 24: The Clerk reported that Mr. Philippi needs to file his 2013 Annual Return with the Tax Assessor.
MOTION made by Mr. Monahan to approve Hawker's License to Warren Philippi for Warren's Bargains Galore pending completion of paperwork owed to the Town of Exeter; seconded by Mr. Ellis; and voted unanimously in the affirmative.
G. PEDDLER’S LICENSE APPLICATION: JOHN P. McGARRY, JR., APPLICANT; JOHN P. McGARRY dba JACK’S ICE CREAM; 110 WINSOR AVENUE, NORTH KINGSTOWN, RHODE ISLAND: The Clerk reported that Mr. McGarry has met all requirements.
MOTION made by Mr. Monahan to approve Peddler's License to John P. McGarry, Jr., for Jack's Ice Cream; seconded by Mr. Ellis.
Discussion: Mr. Ellis noted that this is a renewal and that there have been no issues with this business.
Back to the Motion: Voted unanimously in the affirmative.
H. CONSIDERATION OF RESOLUTION IN SUPPORT OF A REFERENDUM RELATING TO THE CODE OF ETHICS: Ms. Hicks noted that this resolution was introduced last month.
MOTION made by Ms. Hicks to adopt Resolution in Support of a Referendum Relating to the Code of Ethics; seconded by Mr. Ellis; and voted unanimously in the affirmative.
I. INTRODUCTION AND CONSIDERATION OF RESOLUTION IN SUPPORT OF AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS:
Ms. Hicks noted that this resolution is brought before Council by Deputy Treasurer Joseph Gillis. Bond Counsel Karen Grande approves and recommends same. Ms. Hicks introduced and read same into the record (incorporated herein and attached hereto as "Attachment A").
MOTION made by Mr. Ellis to adopt Resolution in Support of Authorizing the Issuance of General Obligation Refunding Bonds; seconded by Mr. Johnson.
Discussion: Mr. Ellis, referencing Section 2, noted that the refunding bonds are in the Town's financial interest as it will be saving the Town interest on the bonds.
Back to the Motion: Voted unanimously in the affirmative.
J. INTRODUCTION AND CONSIDERATION OF RESOLUTION REGARDING THE STREETLIGHTS REFORM PROGRAM OF THE WASHINGTON COUNTY REGIONAL PLANNING COUNCIL (“WCRPC”): Mr. Ellis noted that though this program does not impact Exeter because at the present time Exeter does not have street lights, it does support neighboring towns who could benefit from the program. (The resolution is attached hereto and incorporated herein as "Attachment B.")
MOTION made by Mr. Ellis to adopt Resolution Regarding the Streetlights Reform Program of the Washington County Regional Planning Council ("WCRPC"); seconded by Ms. Hicks; voted unanimously in the affirmative.
K. INTRODUCTION AND CONSIDERATION OF RESOLUTION REGARDING MUTUAL AID AGREEMENT WITH TOWN OF WEST GREENWICH: Ms. Hicks noted that Chief Richard Ramsey of the West Greenwich Police Department contacted her to request that Council consider this resolution (attached hereto and incorporated herein as "Attachment C"). The purpose of the resolution and mutual aid agreement is to protect the West Greenwich Police should they have to cross the town line into Exeter. If Exeter had a police force, it would protect them. It has been reviewed and approved by Town Solicitor James Marusak.
MOTION made by Ms. Hicks to adopt Resolution regarding Mutual Aid Agreement with Town of West Greenwich and authorize Council President Arlene Hicks to sign the Mutual Aid Agreement; seconded by Mr. Ellis.
Discussion: Mr. Ellis noted that this may be an important tool should there be a need for a police response to a school in Exeter. Mr. Johnson noted that the agreement is needed for the School Resource Officer who will be attending schools in Exeter.
Back to the Motion: Voted unanimously in the affirmative.
A. HISTORIC PRESERVATION/HISTORIC CEMETERIES: Mr. Findlay reported that the Historic Preservation Committee wishes to restore the outhouses at Woody Hill School. The specifications for the outhouses at Woody Hill School will be written into the specifications for restoration of Hall School.
B. DEERBROOK RECLAMATION: There was nothing new to address, consider, discuss, or report this evening.
C. TRANSFER STATION LEASE: There was nothing new to address, consider, discuss, or report this evening.
D. INDUSTRIAL DRIVE UPDATE: There was nothing new to address, consider, discuss, or report this evening.
E. ADOPTION OF EMERGENCY OPERATION PLAN: Mr. Johnson reported that he is in the process of getting the plan returned by The Trust.
F. STATE POLICE COVERAGE: There was nothing new to address, consider, discuss, or report this evening.
G. ANIMAL SHELTER: POLICY CHANGES: Mr. Findlay distributed Draft 2 of the Animal Control Policy (7.01), which relates to job descriptions, duties, and responsibilities of animal control personnel. Director of Animal Control Stephen Mattscheck has reviewed and approved. It will be forwarded to Labor Attorney Vincent Ragosta and Town Solicitor James Marusak for their review and approval.
A redrafted animal shelter policy and a policy for volunteers will follow.
H. LEGISLATIVE INITIATIVES: Mr. Ellis reported that the Washington County Regional Planning Council has created a consensus on issues related to planning for the legislature to support and distributed copies to Council for their information, review, and consideration.
I. CONCEALED WEAPON PERMITTING: There was nothing new to address, consider, discuss, or report this evening.
J. DEPARTMENT OF PUBLIC WORKS: REQUEST FOR RELEASE TO HIRE PART-TIME DRIVERS: Mr. Monahan reported that in follow-up to last month's discussion, Director of Public Works Stephen Mattscheck has been informed by Deputy Treasurer Joseph Gillis that The Trust would not require a release.
MOTION made by Mr. Monahan to remove Agenda Item 10J, Department of Public Works: Request for Release to Hire Part-time Drivers from the agenda; seconded by Ms. Hicks; and voted unanimously in the affirmative.
A. PUBLIC SAFETY/DISASTER PREPAREDNESS COMMITTEE/TOWN SERGEANT/TOWN CONSTABLE LIAISON’S REPORT: Town Council Member, Robert E. Johnson, Jr.: Mr. Johnson wished to remind the public that the Fire District's Budget Vote is April 10, 2013, 7:00 p.m. at the Exeter-West Greenwich High School. He noted that it would be in the best of interest of Exeter residents to attend and understand the fire district's budget.
Mr. Johnson had received a complaint from an Exeter resident regarding poor service he had received by Exeter Rescue. He explained to the resident that such services are handled by the Fire District, not by the Town, and assured him that he would forward the complaint to the Chief of Exeter Rescue and the Chair of the Fire District. Though the Council is concerned, they cannot take any action.
B. TAX ASSESSOR’S OFFICE LIAISON’S REPORT: Town Council Member, Calvin A. Ellis: Mr. Ellis referenced Tax Assessor Penny Robertson's report; namely: 1) The annual motor vehicle billing process is underway. Because of address changes and issues, it is a cumbersome project and is being handled in concert between the Tax Assessor's and Tax Collector's offices. 911 Coordinator Patricia Whitford has also reviewed the roll to assist with address discrepancies; and 2) Three Board of Review members, Ms. Robertson, and Tax Assessor's Clerk Kerri Petrarca recently attended a workshop, "What Every Tax Board Member Should Know," which was very valuable.
Regarding "owner unknown" properties (there are eight and they are vacant), Mr. Ellis reported that Ms. Robertson would like to hire title examiners to determine ownership and is seeking Council's support. Resolving the properties would help the Tax Collector to clean up the books.
MOTION made by Mr. Ellis to support Tax Assessor Penny Robertson request in seeking "the expertise of a title examiner or a real estate attorney who could make recommendations as to how to resolve those properties"; seconded by Ms. Hicks.
Discussion: Rather than give Ms. Robertson carte blanche, Ms. Hicks would like to see this as a process that evolves. She would like Ms. Robertson to identify who she would like to hire and their charge per hour. Mr. Ellis understood and made seeking bids part of the motion. Mr. Johnson queried whether Ms. Robertson would have to go out to bid and whether, as no one has claimed them, could the properties be assumed by the Town. Attorney Marusak's opinion was that a thorough search by an examiner should be made as suggested by Ms. Roberston to determine ownership.
MOTION amended by Mr. Ellis to include that Ms. Robertson begin the process of going out to bid; seconded by Ms. Hicks.
Back to the Motion: Voted unanimously in the affirmative.
C. PUBLIC WORKS DEPARTMENT LIAISON’S REPORT: Town Council Vice President, William P. Monahan: Mr. Monahan reported that street sweeping has begun on the east end of Town and will move towards the west.
Mr. Monahan also reported that the Town Hall basement is being cleaned for safety, fire, and insurance reasons. Shelving has been installed, which was given to the Town from the Naval War College Library long ago. Departments have been assigned designated spaces for their records and storage.
MOTION made by Mr. Monahan to notify all departments that this process is going on and within the next three months they should go down to the basement, go through their materials, sort it out, throw out what can be thrown out , keep what needs to be kept, putting it in the correct boxes, labeled and on the shelves; seconded by Ms. Hicks.
Discussion: Mr. Ellis, having gone into the basement today, stated that the task is commendable, formidable, and long overdue and credited Town Clerk Lynn Hawkins and Department of Public Works Stephen Mattscheck with the initiative. Mr. Monahan noted that when he went into the basement last week when the work was being done, Ms. Hawkins, Mr. Mattscheck, several DPW employees, and Clerical Assistant Patricia Whitford were all participating in the cleanup and that Ms. Hawkins will be the lead on the project and all questions should be directed to her. Ms. Hawkins stated that the cleanup has created a lot of storage space and thanked the DPW for their help and being right on board with the project.
Back to the Motion: Voted unanimously in the affirmative.
Mr. Ellis and Mr. Morrissey were approached by a resident regarding the roads in Cedar Grove. Most roads in Cedar Grove were chip sealed last year but not hers.
Mr. Monahan noted that some were not done and cannot be done because of drainage issues.
D. TRANSFER STATION LIAISON’S REPORT: Town Council Vice President, William P. Monahan: Mr. Monahan noted that the Spring clean up season has begun.
The Transfer Station does not take yard debris.
E. ANIMAL CONTROL LIAISON’S REPORT: Town Council Member, Raymond A. Morrissey, Jr.: Mr. Morrissey noted that a Rabies Clinic will be held at the Exeter Animal Shelter on April 21, 2013, at 2:00 p.m.; thanked Council Assistant Kenneth Findlay for working on the animal shelter and animal control polices and Director of Animal Shelter Stephen Mattscheck for making all the improvements he has; and invited the public to adopt the dogs and cats and bring their friends.
F. EXETER JOB CORPS ACADEMY LIAISON’S REPORT: Town Council Member, Calvin A. Ellis: Mr. Ellis noted that the Exeter Job Corps presently ranks No. 16 out of 125; that because of mismanagement of funds at some Job Corps Academies (the Exeter Academy not being one), all the academies are losing funds and trying to move forward despite cutbacks; and that the Job Corps Construction Department will soon start on a project of refinishing the Exeter Library doors.
G. EXETER-WEST GREENWICH SCHOOL DISTRICT LIAISON’S REPORT: Town Council President, Arlene B. Hicks: Ms. Hicks, noting that the all-day referendum for the school budget is scheduled for April 8, 2013, and that voting for Exeter residents will take place at Town Hall, asked Exeter's residents to support the budget.
Teri Donovan, a member of the School Committee, was present and reported that the Committee is close to ratifying the teacher contract. It has been a positive, productive, team effort on both sides.
Mr. Morrissey inquired of Ms. Donovan the status of a bus stop issue at Deerbrook. Ms. Donovan reported that the Committee's transportation liaison is speaking to the bus company.
H. EXETER PUBLIC LIBRARY LIAISON’S REPORT: Town Council President, Arlene B. Hicks: Ms. Hicks reported that Director of the Library, Amy Neilson, is training to become a Volunteer Digital Literacy Instructor, which will enable her to offer internet basics classes at the library, and is writing a grant to see if Walmart will fund the purchase of additional laptops that will be needed for the classes.
Ms. Hicks also reported that the Library's weekly e-newsletter, received by many patrons and residents, was recognized as an All-Star by the web company that hosts the newsletter. It was recognized for content and the number of people who visit the site, which has 464 subscribers. The services of the hosting company are paid for with overdue fines and fees collected by the Library.
I. TAX COLLECTOR’S OFFICE LIAISON’S REPORT: Town Council President, Arlene B. Hicks: Ms. Hicks referenced Tax Collector Kimberly Robitaille's report. Mr. Ellis noted that the tax sale list is down to 21 properties from 48.
J. WASHINGTON COUNTY REGIONAL PLANNING COUNCIL REPRESENTATIVE’S REPORT: Town Council Member, Calvin A. Ellis: Mr. Ellis noted a letter received by Council from Donna Walsh to Speaker of the House Gordon Fox regarding the low- moderate housing act.
Mr. Ellis distributed to Council a communication from the Washington County Regional Planning Council regarding regionalization. The Council would like representatives of each community to submit suggestions next week of areas where regionalization would benefit the communities. Council will review and follow up with Mr. Ellis. Mr. Ellis will distribute the communication to department heads to obtain their feedback.
K. TOWN COUNCIL ASSISTANT’S REPORT: Town Council Assistant, Kenneth G. Findlay: Mr. Findlay reported that the budget schedule is finalized. The first meeting is scheduled for April 8, 2013.
L. SOLICITOR’S REPORT: James P. Marusak, Esquire, Gidley Sarli & Marusak: Attorney Marusak had nothing new to address, consider, discuss, or report this evening.
A. BILL SHEET:
MOTION made by Mr. Monahan to approve Bill Sheet dated March 28, 2013; seconded by Mr. Morrissey; and voted unanimously in the affirmative.
B. TAX ASSESSOR’S ABATEMENTS: There were no Tax Assessor’s Abatements to consider this evening.
C. TAX COLLECTOR’S REMITTANCES AND ABATEMENTS:
MOTION made by Mr. Ellis to approve Tax Collector’s Remittances in the amount of $2,241.81; seconded by Mr. Monahan; and voted unanimously in the affirmative.
Ms. Hicks noted that there were three abatements this month, one being with regard to Raymond Xavier (Communication No. 38). Tax Collector Kimberly Robitaille recommends the abatement for Mr. Xavier.
MOTION made by Mr. Johnson to approve Tax Collector’s Abatements in the amount of $201.49; seconded by Mr. Ellis; and voted unanimously in the affirmative.
Request of Caitlyn D’Andrea: Ms. Hicks noted that Ms. D’Andrea, a fourth-grade student at Metcalf Elementary School, has requested suggestions for an art class project. Ms. D’Andrea’s art class will be painting a mural of the State of Rhode Island at the school. Ms. D’Andrea has been assigned the Town of Exeter and is requesting suggestions and/or symbols that represent Exeter. Following discussion, the Clerk will supply Ms. D’Andrea with a book on Exeter’s history and copies of a historic map and street map, and suggest that Ms. D’Andrea depict Exeter’s farmlands and forests and include the Town of Exeter Seal, the schools’ Scarlet Knight, and the shingle mill, Hall School, and Clerk’s Office located on Route 102, which are representative of Exeter’s history.
Threat Assessment Training: Director of Emergency Management, E. Stefan Coutoulakis, was present and reported that the National Domestic Preparedness Coalition is moving forward with a nationally recognized, school-based, threat assessment training program for the teachers and first responders of Exeter and West Greenwich. There is no fee. Out of state instructors will be brought in. The training is scheduled in April. The teachers' union and the superintendent fully support the program.
Mr. Ellis noted that the Coalition is fundraising to help support the program. As the Coalition is a non-profit, 501(c)(3) organization, Mr. Coutoulakis explained that the Coalition is required to fundraise and obtain grants to support such programs. Mr.
Ellis, noting that the program is school-based, made the following motion.
MOTION made by Mr. Ellis to donate $500.00 from the Town of Exeter to the National Domestic Preparedness Coalition; seconded by Mr. Johnson.
Discussion: Mr. Coutoulakis, though he was not looking for a donation, was appreciative. Mr. Ellis indicated that he made the motion with the stipulation that the donation be applied specifically to this program. Mr. Coutoulakis assured Mr. Ellis that it would be. Discussion ensued whether the donation was appropriate. The program is to benefit the schools.
Back to the Motion: Voted as follows:
| Arlene B. Hicks | Yes |
| William P. Monahan | Yes |
| Raymond A. Morrissey, Jr. | No |
| Robert E. Johnson, Jr. | Yes |
| Calvin A. Ellis | Yes |
| | |
| Motion passes. | |
Comment from Representative Larry Valencia: Not having had the opportunity to address Council at its Special Meeting of March 11, 2013, Mr. Valencia wished to clarify comments made that evening regarding his contact with the NRA. Mr. Valencia had spoken with Darin Goens of the NRA on January 24 and January 31, 2013. On February 4, 2013, Mr. Valencia reported to Council that he was in contact with the NRA and that they had concerns with the State Police involvement. Mr. Valencia had assured Mr. Goens that if the bill went forward, it would not involve the State Police. On February 18, 2013, Mr. Goens informed Mr. Valencia, following discussions with others, that he was withdrawing any support for any type of legislative change. Mr. Valencia has shared Council's resolution with the House leadership.
No. 4. 03/01/2013 Resolution from Town of Charlestown supporting Washington County Regional Planning Council’s Streetlight Reform Program: Addressed previously this evening.
No. 13. 03/11/2013 Letter sent to Speaker of the House of Representatives, Gordon D. Fox, regarding affordable housing: Addressed previously this evening.
No. 18. 03/13/2013 Resolution from Westerly Town Council opposing Mandatory Binding Arbitration on Monetary Matters for Teachers: This communication was removed in error and was not addressed.
No. 19. 03/14/2013 Request of Sabrina Parkinson for extension on the March 1st application deadline for low income tax exemption: Ms. Hicks noted Tax Assessor Penny Robertson, in her response to Ms. Parkinson, indicates that the extension cannot be granted based on the ordinance as written. As often tax returns are not completed by the deadline in the ordinance, as in Ms. Parkinson's case, Mr. Ellis suggested that at some point Council reconsider the deadline. Mr. Morrissey, having spoken to Ms. Parkinson, made the following motion:
MOTION made by Mr. Morrissey to grant Sabrina Parkinson an extension to file her 1040EZ Form with the Tax Assessor by April 15, 2013; seconded by Mr. Monahan.
Discussion: Council reviewed and considered Ms. Parkinson's request. Though they are sympathetic, the ordinance must be followed.
Back to the Motion: Voted as follows:
| Arlene B. Hicks | No |
| William P. Monahan | No |
| Raymond A. Morrissey, Jr. | Yes |
| Robert E. Johnson, Jr. | No |
| Calvin A. Ellis | No |
| | |
| Motion fails. | |
No. 20. 03/14/2013 Letter from Martha McAdam regarding trash on South Road: Mr. Ellis suggested forwarding this communication to Belleville Garage with a request that they make arrangements for pick up along South Road.
No. 21. 03/15/2013 Exeter Fire District Annual Meeting , April 10, 2013, 7:00 p.m., Exeter-West Greenwich Regional Junior/Senior High School: Addressed previously this evening.
No. 22. 03/15/2013 Letter from Landmark Dividend regarding cellular leasing: Mr. Ellis noted that Deputy Treasurer Joseph Gillis has advises leaving the lease as is.
No. 23. 03/15/2013 Letter from the Rhode Island General Assembly Regarding Low and Moderate Income Housing Act: Addressed previously this evening.
No. 31. 03/20/2013 Letter of interest from William G. Donovan regarding Special Constable position: Mr. Morrissey queried whether Mr. Donovan, being on the Juvenile Hearing Board, could also serve as a Special Constable if appointed. To answer the question, Attorney Marusak would need to review the charter, ethics rules, and conflict of interest legislation. Mr. Ellis noted that serving on the Juvenile Hearing Board is a volunteer position, not a paid position.
No. 37. 3/21/2013 Roger Williams University & Community Partnerships Center is seeking new projects that benefit communities in Southeastern New England, application deadline April 22, 2013: Mr. Morrissey reported that he has contacted Roger Williams to inquire whether the students could write a grant for a new Animal Control vehicle. Mr. Morrissey will follow up.
No. 38. 3/22/2013 Letter from Raymond Xavier regarding penalty on late tax payment: Addressed previously this evening.
No. 40. 3/26/2013 Letter from West Greenwich Town Administrator, Kevin A. Breene, requesting commitment regarding hiring of a Resource Officer for the School District: Mr. Johnson noted that the subject of a school resource officer was discussed at the recent joint school budget meetings and made the following motion:
MOTION made by Mr. Johnson to send a letter voicing Council’s commitment to support a School Resource Officer for a three-year period; seconded by Mr. Monahan.
Discussion: Council questioned how this officer would be paid, whether through the school budget, through a grant, or by the towns. Discussion ensued. As Council did not have the answers, Mr. Johnson withdrew his motion. Teri Donovan, a member of the EWG School District Committee, was present and indicated that this position is unique. The resource officer would not be an employee of the Town. He or she would be an employee of the West Greenwich Police Department. It is intended that the position will be funded through a grant. West Greenwich is asking Exeter to share in the cost in the event the grant is not successful or expires. Mr. Johnson suggested agreeing to the concept in principal subject to further review as to how this will work. The matter will be carried over to the Special Meeting scheduled for April 15, 2013.
Mr. Johnson will obtain an update.
MOTION made by Mr. Monahan to enter into Executive Session; seconded by Mr. Morrissey.
Discussion: Following discussion regarding the proper procedures for entering into executive session and there being nothing new to discuss in executive session, Mr. Monahan rescinded his motion and Mr. Morrissey rescinded his second to the motion.
MOTION made by Mr. Monahan to adjourn the meeting; seconded by Ms. Hicks; and voted unanimously in the affirmative.
The Regular Meeting was adjourned at 9:45 p.m.
The next Regular Meeting of the Exeter Town Council is scheduled for Monday, May 6, 2013, at 7:00 p.m.
Respectfully submitted,
Lynn M. Hawkins
Exeter Town Clerk
Approved: May 6, 2013