MINUTES
EXETER TOWN COUNCIL
SPECIAL MEETING
JULY 28, 2020
Due to Covid-19 restrictions imposed by Governor Gina Raimondo, the Special Meeting of the Exeter Town Council was called to order at 7:01 p.m., on Tuesday, July 28, 2020, via Zoom teleconference.
| Roll Call: | | Calvin A. Ellis | | | Absent |
| | | Frank DiGregorio | | | Present |
| | | Mike Conn | | | Present |
| | | Manny Andrews | | | Present |
| | | Dan Patterson | | | Present |
| | | | | | |
| Also Present: | | James P. Marusak, Esq., Town Solicitor | | | |
| | | Kenneth G. Findlay, Council Assistant | | | |
| | | Maria Lawler, Town Treasurer | | | |
| | | Lynn M. Hawkins, CMC, Town Clerk | | | |
Vice President Frank DiGregorio will run tonight’s meeting. Council President Cal Ellis is unable to attend tonight’s meeting as his wife’s health has seriously deteriorated.
Council and all the town officials and employees extend their concern, prayers, and support to Mr. Ellis and his family.
Council approved a temporary budget at Public Hearing on May 26, 2020. Tonight, Council will address the budget resolutions that are normally addressed at Financial Town Meeting. Because of Covid-19 restrictions which creates prohibitive, logistical obstacles for holding meetings, Council has determined that the Financial Town Meeting cannot be conducted as usual this year.
On July 6, 2020, Council passed a resolution which invoked tonight’s procedure. The Rhode Island Legislature enacted RIGL 45-2-3.2(b)(2), an emergency procedure made available to all cities and towns who find themselves unable to safely conduct a Financial Town Meeting because of Covid-19. The resolution sets down all the reasons, law, and procedure for holding tonight’s meeting. Notice of the Public Hearing was duly advertised and posted.
MOTION made by Mr. Conn to open the Public Hearing; seconded by Mr. Patterson; and voted unanimously in the affirmative.
The Clerk read the purpose of tonight’s Public Hearing into the record as advertised.
Council addressed Resolution No. 36:
RESOLUTION NO. 36: REGIONAL SCHOOL DISTRICT OPERATIONS: RESOLVED: THAT THE SUM OF $(TO BE FILLED IN LATER) BE AND THE SAME IS HEREBY APPROPRIATED OUT OF THE TOWN TREASURY FOR THE REGIONAL SCHOOL DISTRICT’S OPERATIONS FOR THE ENSUING YEAR.
MOTION made by Mr. Andrews to approve Resolution No. 36 as presented; seconded by Mr. Conn; and voted unanimously in the affirmative.
MOTION made by Mr. DiGregorio to level fund the Regional School District’s budget to last year’s budget of $12,300,326.00; seconded by Mr. Andrews.
Discussion: Because the school budget was rejected by the voters and a subsequent, revised budget was not put before the voters by July 1 by the School District, according to the EWG School Charter and Rhode Island Statute 16-2-23, the 2021 budget is automatically level funded to the previous year. The Exeter budget proposed and passed at the May 26 Public Hearing is
no longer valid and must be made to comply.
Public Comment:
Asa Davis, Exeter: Mr. Davis’ comments were inaudible. Only bits and pieces could be heard. Mr. Davis suggested decreasing planning revenue and increasing legal services.
Mr. DiGregorio asked Mr. Davis to restrict his comments to the subject at hand.
Mr. Davis continued: Funds should not be collected for municipal spending that are not going to be spent. Additional inaudibles.
Ted Nataly, Exeter, queried: Is this a Public Hearing? Yes. Mr. Nataly is allowed to speak to the subject at hand. As he came late to the meeting, Mr. Nataly queried: Was the raise for the Town Planner discussed? At Public Hearing on May 26, it was. Can the 5% raise be revisited? Yes. How does Council justify a 5% raise when last year the Public gave her no raise? The people spoke. But Council, this year, in the temporary budget approved on May 26 gave her a raise that the people did not have the opportunity to vote on. It is Council’s way of gettering around the Public’s right to vote and be heard on this. There is something wrong here.
Terri Donovan, Exeter, Member of the School Committee: Ms. Donovan was not asking for a change of the appropriation put forth tonight, but wanted to apprise Council of possible effects. With the rejection of the recommended budget, the law allows for a reversion to the prior year’s operating budget. That does not necessarily mean the appropriations. West Greenwich has supported the prior year’s appropriations. The difference between this year’s proposed budget and last year’s operating budget is the reduction of over $800,000.00 in State Aid. To revert to the prior year’s appropriations without addressing that shortfall, puts the School in a situation of not being able to deliver the same level of education of the year before. It is not known what other financial impacts or consequences will result from the Covid Pandemic.
Mr. Patterson and Mr. DiGregorio recently met with West Greenwich Town Administrator Kevin Breene. Both Town Treasurers were in attendance. Mr. Patterson noted that at that meeting it was learned that from the time Covid-19 shut down the schools, the School District saved approximately $400,000.00 in transportation costs. It is unknown what other costs were saved. The Exeter-West Greenwich Charter at Page 7, Item E, states that if the referendum fails, the School District shall operate the schools in accordance with RIGL 16-2-23. The voters have clearly rejected the referendum.
Back to the Motion: Voted unanimously in the affirmative.
Council addressed:
LETTER RECEIVED FROM WEST GREENWICH POLICE CHIEF RAMSAY WHO REQUESTS EXETER TO FUND HALF THE COST OF THE SCHOOL RESOURCE OFFICER, $54,132.00, IN THE EVENT THE SCHOOL REMOVES THE POSITION FROM ITS BUDGET.
MOTION made by Mr. Andrews to approve the request for this allotment; seconded by Mr. Patterson.
Discussion: The West Greenwich Town Council has supported the request for its half. In Mr. Andrews’ opinion, the School Resource Officer is needed in these times. Supporting a School Resource Officer, Mr. Patterson suggested that the money be put in the Contingency Fund for emergency use if and when the schools open.
Mr. Andrews withdrew his motion.
Mr. Patterson withdrew his second.
MOTION made by Mr. Patterson to put $54,132.00 in the Contingency Fund and label it for emergency use for a School Resource Officer if and when the schools open; seconded by Mr. Andrews.
Discussion: The Contingency Fund will be increased by $54,132.00 which will be reserved for a School Resource Officer if needed.
Public Comment:
Ted Nataly, Exeter: Though this is a Public Hearing, Mr. Nataly does not believe the Public’s suggestions are being considered and that the budget is “a done deal.” If this is a Public Hearing, Council should be listening to the Public. Mr. Nataly suggested that the Council reconsider the 5% increase for the Town Planner based on the fact that the Public denied her at last year’s Financial Town Meeting. Mr. Andrews asked Mr. Nataly to stick to the issue at hand.
Mr. Nataly concluded with: Council is only listening to what it wants and will do what it wants.
Lynn Conway, Exeter: Will the Contingency Fund be used for payment of the resource officer? Yes. The Contingency Fund is for unforeseen expenses that come up in a fiscal year that were not anticipated and not budgeted for. What happens if the schools do not open? It is Council’s understanding that the Town will not be charged for the resource officer. Is the Contingency Fund taxable to the taxpayers? Yes. Will the Public vote on those unforeseen expenditures?
Council would.
As an example of unforeseen expenditures, Mr. Patterson cited an incident with a pet owner a few years ago. The Town was mandated by the State to pay $34,000.00 in vet bills. That expense came out of the Contingency Fund. Leftover Contingency Funds roll over to the Surplus Fund at the end of the year.
Back to the Motion: Voted unanimously in the affirmative.
The Clerk will send a letter to Chief Ramsey informing him that Council set aside the amount requested for a Resource Officer in the Town Contingency Fund for this year only, to be distributed if and when the schools open and the resource officer is needed.
Council addressed:
RESOLUTION NO. 29: CONTINGENCY FUND: RESOLVED: THAT THE SUM OF $148,558.00 BE AND THE SAME IS HEREBY APPROPRIATED OUT OF THE TOWN TREASURY FOR THE ENSUING YEAR FOR THE PURPOSE OF PAYING ANY MISCELLANEOUS EXPENSES, WAGES, OR OTHER INDEBTEDNESS INCURRED BY THE TOWN OF EXETER WHETHER OR NOT SAID SUMS HAVE BEEN INCLUDED IN SPECIFIC APPROPRIATIONS FOR PAYMENT OF SUCH INDEBTEDNESS; AND PROVIDED FURTHER IF SPECIFIC APPROPRIATIONS HAVE BEEN MADE, THEN THE MONEY SPECIFICALLY APPROPRIATED SHALL FIRST BE USED FOR THE PAYMENT OF SUCH DEBT.
MOTION made by Mr. DiGregorio to accept Resolution No. 29; seconded by Mr. Patterson; and voted unanimously in the affirmative.
MOTION made by Mr. DiGregorio to accept all resolutions as presented except those addressed tonight by Council, Nos. 29, 36, and 42; seconded by Mr. Andrews; and voted unanimously in the affirmative.
Council addressed:
RESOLUTION NO. 42: TAX LEVY RESOLUTION: RESOLVED: THAT THE TOWN COUNCIL OF THE TOWN OF EXETER ON THIS 28TH DAY OF JULY 2020 A.D. HEREBY ORDERS THE APPORTIONMENT AND COLLECTION OF A TAX ON THE RATABLE REAL ESTATE AND TANGIBLE PERSONAL PROPERTY…AND ANY REMAINDER SHALL BE APPLIED TO REDUCE THE OUTSTANDING PORTION OF THE PRINCIPAL BALANCE DUE. (For complete resolution, see Public Record.)
Mr. Conn inquired as to the tax rate. That will be calculated by the Tax Assessor tomorrow based on tonight’s actions.
Public Comment:
Ted Nataly, Exeter: This is the first time since 1776 or 1778 that the Town has not had a Financial Town Meeting. It has been asked: Where are we going to hold a Financial Town Meeting to hold 5000 people? A few years ago, people had to be called to come to Financial Town Meeting so there would be a quorum to hold it. Council has done a total disservice to the Public. Many people may not be able to use Zoom and therefore did not have the opportunity to speak. Council has slapped the faces of all the Town employees by giving the Planner a 5% raise.
Peter Lacouture, Exeter, Town Moderator: Though it is too bad that a Financial Town Meeting is not being held, Mr. Lacouture agreed with Council and the Town Solicitor. There was no way to safely hold the meeting and protect the citizens, especially the elderly, the most vulnerable, under Covid restrictions. He thanked Council for arranging this smoothly run procedure.
MOTION made by Mr. Andrews to approve Resolution No. 42; seconded by Mr. Conn; and voted unanimously in the affirmative.
MOTION made by Mr. DiGregorio to accept Resolution Nos. 29, 36, and 42 as discussed and presented; seconded by Mr. Andrews; and voted unanimously in the affirmative.
MOTION made by Mr. DiGregorio to close the Public Hearing; seconded by Mr. Andrews; and voted unanimously in the affirmative.
MOTION made by Mr. DiGregorio to direct 1) the Town Treasurer to issue the warrant authorizing the collection of funds, 2) to direct the Tax Assessor to certify the roll, and
3) to direct the Tax Collector to mail real estate and tangible/personal property tax bills but hold motor vehicle excise tax bills until further guidance from the State is received;
seconded by Mr. Conn; and voted unanimously in the affirmative.
There were no Other Administrative Issues.
MOTION made by Mr. Conn to adjourn the meeting; seconded by Mr. Andrews; and voted unanimously in the affirmative.
The Special Meeting was adjourned at 8:04 p.m.
Respectfully submitted,
Lynn M. Hawkins, CMC
Exeter Town Clerk
Approved: September 28, 2020