MINUTES
EXETER TOWN COUNCIL
REGULAR MEETING
JUNE 7, 2021
Pursuant to Executive Orders executed and extended by Governor Daniel McKee as a result of the COVID-19 Pandemic, this meeting was conducted in person and via Zoom. The members of the Town Council were present physically in Council Chambers, Exeter Clerk’s Office, 675 Ten Rod Road, Exeter, Rhode Island. The Public and Staff attended by their choice, via Zoom or in person in Council Chambers.
Town Council Vice President, Michael A. Lefebvre, led Council and the Public in the Pledge of Allegiance.
The Regular Meeting of the Exeter Town Council was called to order at 7:15 p.m., on Monday, June 7, 2021.
Asa Davis: 1) Mr. Davis congratulated Council on selecting a new paving supplier, considering the Town was overpaying the previous supplier; 2) There are two new driveways in Town: Mr. Davis’ that he built on Ten Rod Road, with only a State permit. Because Route 102 is a State road, only a State permit is necessary to build his driveway. Director of Public Works Stephen Mattscheck claimed Mr. Davis would also need a Town permit, which is untrue. The other new driveway is on the uncertified part of Old Yawgoo School Road. Seventy feet of Old Yawgoo School Road is paved; approximately 140 is not, which is identical to Estate Drive. However, the unpaved section of Old Yawgoo School Road does not get illegally blocked by Mr. Mattscheck like Estate Drive does when someone uses it; 3) Regarding the Department of Environmental Management (“DEM”) violations cited at the Town Garage, Mr. Davis noted that Mr. Ellis’ has commented that “the air needs to be cleared” regarding the violations and that Mr. Davis is being an alarmist. Mr. Mattscheck claims that DEM has changed what it wants multiple times and has not yet met at the Town Garage to review. Through a Town Access to Public Records request, Mr. Davis has learned:
He is not getting the truth. The original notice, dated September 20, 2019, indicates a $5000.00 fine per instance will apply. The Town has ten instances. The basketball permit was rejected by DEM as incomplete. The biological deficiency report for all the main problems, including the buildings put in the wrong places, was rejected as incomplete. The Town told DEM it did not wish to fix the salt shed area. DEM said the Town will have to. The engineering company awarded the bid to help with the mitigation, Tighe & Bond, said in its bid that it was not going to address the buildings. Mr. Davis at the time brought this to Council’s attention. Now, Tighe & Bond, wishes to review the scope of its contract. Mr. Mattscheck is the only Town person communicating with DEM or Tighe & Bond, and there has been little substantial progression.
Ted Nataly: 1) Mr. Nataly was pleased that Council is finally able to meet in person again. A lot was lost in the Zoom meetings; 2) He was also pleased that the Financial Town Meeting will be in person and held traditionally. Last year, there was not one. The budget was approved by the then Town Council, who in that budget gave the Town Planner a five percent raise, after the Public the year before at Financial Town Meeting determined she did not do a proper job and did not give her a raise. She had been awarded the bid for the Comprehensive Plan, which she never finished and was never criticized for. It should be investigated; 3) Mr. Nataly felt that Emergency Management Director E. Stefan Coutoulakis should be given a lot of credit for all the good work he did helping the Town during Covid and helping the elderly get vaccinated. Credit should also go to the employees of the Town Hall who all worked very hard and together to help Mr. Coutoulakis.
Tish Davis: 1) Ms. Davis was delighted to hear at the March 19, 2021, House Judiciary Hearing, Council President Patterson’s testimony and that Council had adopted Resolution 2021-01 declaring Exeter a Second Amendment sanctuary town and opposing a number of gun bills. One does not need to be a constitutional scholar to understand “shall not be infringed.” State politicians seem to be attempting to take rights away guaranteed under the United States and Rhode Island Constitutions. She and her husband appreciate Council doing what it can to protect those rights, their right to protect themselves, and making Exeter heard at the State level; 2) Ms. Davis echoed Mr. Nataly’s comments regarding Mr. Coutoulakis and the Town Staff and being back to in-person meetings.
A. EXETER DOG LICENSING: DUE ANNUALLY; APRIL 1 – JUNE 1, $6.00; AFTER JUNE 1, $6.00 PER LICENSE PLUS $25.00 LATE FEE PER LICENSE; OBTAIN AT CLERK’S OFFICE, ANIMAL SHELTER, OR, NEW THIS YEAR, ONLINE; FOR MORE INFORMATION VISIT THE TOWN’S WEBSITE: The Public was reminded to license their dogs.
B. DUE TO COVID-19, THE ANNUAL RABIES CLINIC AT THE EXETER ANIMAL SHELTER WILL BE HELD IN FALL 2021; DATE TO BE DETERMINED: A date has not yet been set. The Public was advised to stay tuned.
C. IN MEMORIAM: FRANK HERRERA, BORN, 1939, PASSED MARCH 11, 2021, SERVED FOR MANY YEARS AS JUVENILE HEARING BOARD CHAIR; HENRY SANDERS, M.D., BORN, 1942, PASSED, APRIL 20, 2021, SERVED FOR MANY YEARS AS TOWN PHYSICIAN: Council acknowledged Mr. Herrera’s and Mr. Sanders’ years of service to the Town.
D. FINANCIAL TOWN MEETING: TUESDAY, JUNE 8, 2021, 7:00 P.M., EXETER-WEST GREENWICH JUNIOR/SENIOR HIGH SCHOOL AUDITORIUM, 730 NOOSENECK HILL ROAD, EXETER, RHODE ISLAND: The Public was urged to attend.
E. FIRE DISTRICT ANNUAL MEETING: WEDNESDAY, JUNE 23, 2021, 7:00 P.M., EXETER-WEST GREENWICH JUNIOR/SENIOR HIGH SCHOOL AUDITORIUM, 730 NOOSENECK HILL ROAD, EXETER, RHODE ISLAND: The Public was urged to attend.
MOTION made by Mr. Ellis to approve the Agenda Order as presented;
seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
A. REYNOLDS CHARITABLE TRUST: Council had one voucher for its consideration (Communication No. 24).
B. REPORTS:
1. TOWN CLERK
2. TREASURER
3. TAX ASSESSOR
4. TAX COLLECTOR
5. TOWN PLANNER
6. ANIMAL CONTROL
7. TRANSFER STATION
8. EXETER PUBLIC LIBRARY
9. INFORMATION TECHNOLOGY
10. DEPARTMENT OF PUBLIC WORKS
11. DEPARTMENT OF SOCIAL SERVICES
12. EMERGENCY MANAGEMENT/PUBLICSAFETY
13. RURAL LAND PRESERVATION TRUST COMMITTEE
14. EXETER JOB CORPS ACADEMY
15. EXETER-WEST GREENWICH SCHOOL DISTRICT
16. EXETER-WEST GREENWICH REGIONAL SCHOOL BUILDING COMMITTEE
Mr. Ellis removed Nos. 8 and 11.
C. COMMUNICATIONS: Mr. Ellis removed Nos. 2, 5, and 9. Mr. Maher removed Nos. 18, 20, 24, 26, and 28.
D. SCHEDULE OF JUNE MEETINGS AND EVENTS: The meeting schedule was not removed.
E. BILLS, APPROPRIATIONS, AND ABATEMENTS:
1. BILL SHEET
2. TAX ASSESSOR’S ABATEMENTS
3. TAX COLLECTOR’S REMITTANCES AND ABATEMENTS
There were no Tax Assessor’s Abatements or Tax Collector’s Abatements.
F. APPROVAL OF MINUTES:
1. COUNCIL REGULAR MEETING, MAY 3, 2021
2. COUNCIL REGULAR MEETING, EXECUTIVE SESSION, MAY 3, 2021
3. COUNCIL WORK SESSION, MAY 4, 2021
4. COUNCIL SPECIAL MEETING, MAY 6, 2021
MOTION made by Mr. Lefebvre to approve the Consent Agenda as amended;
seconded by Mr. Ellis; and voted unanimously in the affirmative.
A. VACANCIES:
1. Personnel Board Members (5 members needed) (inactive)
2. Conservation Commission (7 members needed) (inactive)
Letters of interest received are being held. Once there are five for Personnel Board and seven for the Conservation Commission, this Board and Commission will be activated.
B. RESIGNATIONS:
1. Kyle Lewis, Department of Public Works Worker: Council has Mr. Lewis’ letter of resignation (Communication No. 7).
MOTION made by Mr. Lefebvre to accept the resignation of Kyle Lewis as Department of Public Works Worker; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
2. William Donovan, Town Sergeant: Council has Mr. Donovan’s letter of Resignation (Communication No. 29).
Motion made by Mr. Ellis to accept resignation of William Donovan as Town Sergeant; seconded by Ms. DeFrancesco.
Discussion: Mr. Donovan relocated to Florida on May 19, 2021. Council wished him well. His letter of resignation indicates an effective date of June 5, 2021. This would put him in a pay period when he was no longer a resident of Exeter. The Town Sergeant’s position is elected and the Town Sergeant must be a resident of the Town.
MOTION made by Mr. Patterson to accept the resignation of Wiliam Donovan as Town Sergeant effective May 22, 2021, the end of the pay period just after his relocation; seconded by Mr. Maher; and voted unanimously in the affirmative.
Back to the Original Motion: Mr. Ellis and Ms. DeFrancesco withdrew their motion and second.
Council has Town Constable, Scote Miller’s request to be named Interim Town Sergeant to fill Mr. Donovan’s unexpired term (through next year’s November General Election).
MOTION made by Mr. Patterson to name Scote Miller, Town Constable, as Interim Town Sergeant until next year’s November General Election; seconded by Mr. Maher.
Discussion: Mr. Miller has worked for the Town for over 30 years. As he knows the operations of the office, it is appropriate for him to fill the vacancy.
Back to Motion: Voted unanimously in the affirmative.
C. APPOINTMENTS:
1. Economic Development Task Force Member: There have been no letters of interest. This vacancy will continue to post.
2. Juvenile Hearing Board Members (two needed for three-year terms beginning date of appointment): There have been no letters of interest. This vacancy will continue to post.
3. Juvenile Hearing Board Member (unexpired term ending March 4, 2022):
There have been no letters of interest. This vacancy will continue to post.
4. Board of Canvassers Alternate Member (six-year term beginning date of appointment): A resident who is a registered Democrat is needed. Mr. Ellis, a Member of the Democratic Town Committee, informed Council that a search is in progress.
5. Library Board of Trustees Member (unexpired term ending March 2, 2023):
Council has letters of interest from Nancy Anderton and Peter Wilbur. Mr. Ellis recently conducted non-formal interviews with each.
MOTION made by Mr. Ellis to appoint Peter Wilbur as Library Board of Trustees Member for the unexpired term ending March 2, 2023; seconded by Ms. DeFranceso.
Discussion: Mr. Wilbur has previously served as a Council member, has much management experience, and is retired from Roger Williams University in 2018 where he served as Chief Financial Officer. He will be a valuable asset. Ms. Anderton serves on the Reynolds Charitable Trust Committee, which is greatly appreciated.
Back to the Motion: Voted unanimously in the affirmative.
6. Interim Exeter-West Greenwich School Committee Member (unexpired term ending November 8, 2022): Council has two letters of interest (Communication Nos. 2 and 5) from Laura Gardiner and John Holderman.
MOTION made by Mr. Maher to appoint John Holderman as Interim Exeter-West Greenwich School Committee member for the unexpired term ending November 8, 2022; seconded by Mr. Lefebvre.
Discussion: Mr. Ellis noted that both candidates bring experience to the table and would be of value. He thanked Ms. Gardiner for her interest and expressed that He hopes she will seek other ways to serve the community.
Back to the Motion: Voted unanimously in the affirmative.
D. EXPIRING TERMS:
1. Barbara Kennedy, Tax Board of Assessment and Review Alternate Member (term ending July 9, 2021): Ms. Kennedy has family medical issues and will not be able to continue as Tax Board of Assessment and Review Alternate Member.
MOTION made by Mr. Ellis to post for Tax Board of Assessment and Review Alternate Member for the ensuing term; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
2. Donna Pari, Planning Board Member (term ending July 1, 2021):
MOTION made by Mr. Patterson to send letter to Ms. Pari notifying her of her expiring term and to post notice of expiring term; seconded by Mr. Ellis; and voted unanimously in the affirmative.
3. Richard Quattromani, Zoning Board of Review Member (term ending July 1, 2021):
MOTION made by Mr. Patterson to send letter to Mr. Quattromani notifying him of his expiring term and to post notice of expiring term; seconded by Mr. Ellis; and voted unanimously in the affirmative.
A. PUBLIC ENTERTAINMENT LICENSE APPLICATION: LYNN HALL, PRESIDENT, BOLDrDASH, LLC, 590 EXETER ROAD, NORTH KINGSTOWN, RHODE ISLAND; TO HOLD EVENTS AT CAMP CANONICUS, 54 EXETER ROAD, EXETER, RHODE ISLAND; TWO OBSTACLE COURSES, SUNDAY, SEPTEMBER 26, AND SATURDAY, NOVEMBER 6, 2021, AND WINTER DASH, SATURDAY, MARCH 19, 2022; ALL EVENTS WILL RUN FROM 9:00 A.M. TO 3:00 P.M.; ALL PARKING AND ACTIVITIES WILL BE ON PREMISES:
MOTION made by Mr. Maher to open Public Hearing; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
The application is being made in advance in order that registration can commence.
BoldrDash events have been held in Exeter for the last several years with no issues.
The application was duly advertised and abutters notified. There were no objections from the abutters and no questions from Council. The fee owing for advertising and certified mailing is $257.44.
MOTION made by Mr. Maher to close Public Hearing; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
MOTION made by Mr. Ellis to grant Public Entertainment License Application of BoldrDash, LLC, for dates, times, and events as indicated in application;
seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
B. LIQUOR LICENSE EXPANSION APPLICATION: PETER BUONNANNI, OWNER/APPLICANT, CORNERSTONE PUB, 273 NOOSENECK HILL ROAD, EXETER, RHODE ISLAND; TO EXPAND EXISTING LIQUOR LICENSE PREMISES TO INCLUDE SERVICE ON THE GRASS BEHIND THE BUILDING OFF THE DECK, AN AREA 40’ WIDE X 20’ DEEP, AND ON THE PATIO BEHIND THE BUILDING OFF THE DECK, AN AREA 12’ WIDE X 16’ DEEP:
MOTION made by Mr. Maher to open Public Hearing; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
During the COVID-19 Pandemic, the State, through the Town, allowed restaurants to expand their outdoor service of food and liquors. Cornerstone expanded its outdoor service to the grass beyond its back deck. This year, Cornerstone’s patrons have inquired of Mr. Buonnani if he will be serving again beyond the deck in the warmer months. Thus, Mr. Buonnanni comes before Council to expand his liquor license to not only include the deck on the back of his building but the grass and a small patio. Service will be for lunch and dinner, until 9:00 p.m. week nights and 10:00 p.m.
Friday and Saturday nights. He would not be going over capacity allowance.
Mr. Ellis felt that Mr. Buonnanni should be able to accommodate his patrons and wished him well. Mr. Maher echoed Mr. Ellis’ comments and felt Council should support local businesses. Eugene Chardonnet, an abutter, was present. He had no objections. Ted Nataly has known Mr. Buonnanni for 25 years, frequented Mr. Buonnanni’s Warwick business before it was destroyed in the Flood of 2010, and finds that Mr. Buonnanni runs a smooth operation, has had no problems, and has turned the location around for the better.
The application was duly advertised and abutters notified. There were no objections from the abutters. The fee owing for advertising and certified mailing is $130.14.
MOTION made by Ms. DeFrancesco to close Public Hearing; seconded by Mr. Ellis; and voted unanimously in the affirmative.
MOTION made by Mr. Maher to grant Liquor License Expansion Application to Cornerstone Pub as indicated in the application; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
MOTION made by Mr. Ellis that Council made the motions on the Liquor License Expansion Application of Cornerstone Pub seated as the Exeter Liquor Licensing Board; seconded by Mr. Maher; and voted unanimously in the affirmative.
A. EXTENSION AND RENEWAL OF DECLARATION OF MUNICIPAL STATE OF EMERGENCY:
MOTION made by Mr. Ellis that the Declaration of Municipal State of Emergency be extended and renewed per Executive directives and on the advice of Emergency Management Director E. Stefan Coutoulakis; seconded by Ms. DeFrancesco.
Discussion: Considering the trend of the State regarding Covid recovery, this could be the last time the Declaration of Emergency needs to be kept in place.
Back to the Motion: Voted unanimously in the affirmative.
B. ADDITIONAL COMPENSATION TO EMERGENCY MANAGEMENT DIRECTOR DUE TO PANDEMIC-RELATED SERVICES:
MOTION made by Mr. Ellis that compensation to Emergency Management Director E. Stefan Coutoulakis continue at an increased level as it has been during the Pandemic; seconded by Ms. DeFrancesco.
Discussion: Council agreed that Mr. Coutoulakis continues to provide the Town and the community Covid guidance.
Back to the Motion: Voted unanimously in the affirmative.
C. ATTORNEY GENERAL’S OFFICE: SCHEDULE REFRESHER: OPEN MEETINGS ACT RULES: Planning Board Chair, Michael DeFrancesco requested that the Town schedule the refresher. Town Clerk Lynn Hawkins suggested that the refresher be opened to all board and commission members and anyone else who wishes to attend. There are new members, rules change, and a reminder of the rules and regulations cannot hurt. Ms. Hawkins will contact the Attorney General’s Office to schedule a refresher session.
D. STATUS REPORT: TOWN PLANNER WILLIAM DePASQUALE: PENDING PROPOSED LEGISLATION: LEGALIZATION OF MARIJUANA (2021-S0568 AND OTHERS) AND SOLAR TAXATION (2021-S832 & 2021-H5634): Mr. DePasquale briefed Council. Both bills have been held for further study.
Legalization of Marijuana: Representative Scott Slater had introduced a new bill, H-6370, which introduces social equity issues in great depth and allows persons 21 years and older to possess one ounce of marijuana on their person. Six plants would be allowed to be grown in homes, or twelve plants, if there is more than one adult in the household. It allows for a total of fifteen recreational retailers. An 8% state tax and a 5% local tax would apply. Questions to consider if marijuana is legalized: Does the Town have the ability to opt out? If the Town elects to opt out, will the Town receive funds for public education, treatment, and substance abuse disorders and enforcement? Mr. DePasquale provided Council with a sample resolution to send to the State, which suggests limiting marijuana facilities in Towns with 10,000 residents or less to one license, requiring minimum standards and setbacks, and regulating and policing. How to address the impact in the workforce of legalized marijuana will be a difficulty for both the private or public sectors.
Solar Taxation: These bills would remove the assessors’ practice of using the highest and best uses of appraisal. Fair market value is determined by the underlying base and the use together. The bills would allow taxation of only the tangibles, the panels, and limit the taxation of the underlying property. These commercial infrastructures would not be recognized as such. The Rhode Island Assessors’ Association is strongly opposed and has argued that the bills are not in line with usual assessing practices. Arguments against the bills include: not being able to tax the property under the facilities would negatively impact potential revenue to the municipalities and solar energy facilities
are receiving state subsidies. Why should they also get relief from municipal taxes?
Discussion: Council thanked Mr. DePasquale for the time and effort he put into his report.
The solar bills would: prohibit reclassification, revaluation, or reassessment; assess farms at pre-farmland classification; redefine the basic principles of land assessment as dictated by law; allow yet another avenue to press solar facilities to less expensive residential properties while eliminating taxation not afforded to any other uses; stymie fair and equitable taxation; and be a loss of revenue in both the short and long term.
Regarding the marijuana bills: The State has to determine if marijuana is going to be privatized or not. Will social justice be included? How much money will it take and how will it be distributed and towards what? What about rehabilitation and enforcement? Mr. DePasquale’s suggested resolution outlines the Town as a stakeholder.
MOTION made by Mr. Ellis to inform Town Representatives Price and Casimiro that Council wishes them to take no action until Council has had an opportunity to investigate the impact of any legislation to the community; seconded by Mr. Maher.
Discussion: Although it changes daily, the Town’s Representatives should be pro-active and not reactive in keeping Council abreast of what is going on at the State level.
Back to the Motion: Voted unanimously in the affirmative.
MOTION made by Mr. Ellis to direct Town Planner William DePasquale to draft for Council’s consideration a resolution to address the concerns regarding marijuana legalization and solar taxation and put it on next month’s Regular Meeting agenda; seconded by Mr. Maher.
Discussion: Mr. DePasquale will use the resolution he has provided as a basis and asked Council to let him know anything specific they are looking for, such as, whether it would prefer state licensing versus privatization, if that is the case. Mr. DePasquale will contact other municipalities, especially in our district, to determine their position and what action(s) they are taking. The Rhode Island League of Cities and Towns supports giving the municipalities control and sharing the State revenues even if the municipality opts out.
Back to the Motion: Voted unanimously in the affirmative.
E. APPLICATION FOR AMENDMENT TO ZONING MAP/ORDINANCE: RICHARD J. SCHARTNER, OWNER/APPLICANT, 1 ARNOLD PLACE, EXETER, RHODE ISLAND; TO CREATE CONTROLLED ENVIRONMENTAL AGRICULTURAL SYSTEMS OVERLAY DISTRICT TOWNWIDE:
Town Planner William DePasquale gave Council a quick overview: This new overlay district will allow the creation of greenhouses of all sizes, allow them to have an ancillary, sustainable component, such as solar, and mitigate operation costs. New innovation and sophisticated control structures promote agriculture and are a viable means in which to address commoditization of vegetables. The applicant and the Planning Board have met several times regarding whether the overlay district would be good for Exeter. It will not be for one lot. It will be whichever property owners wish to pursue such a course, so long as they meet all criteria. Underlying zoning never changes in an overlay district.
Discussion: The process for such application is that if Council wishes to consider this application, it will not, tonight, consider the merits of the application, but will send it to the Planning Board who will have 45 days to provide its recommendation and Council will direct that a Public Hearing be scheduled within 65 days of receipt of the applica-tion. Because the overlay district is not tied to a specific lot, a map is not required.
The application is for a text amendment only. Though the application has been accepted as complete, the applicant’s attorney will provide a letter from the owner of the property authorizing submission of the application. It was agreed that the clock will start from receipt of the letter. The applicant believes that this type of farming is a step forward and economically and culturally viable for the Town.
MOTION made by Ms. DeFrancesco to send the application to the Planning Board contingent upon the notarized letter from the owner of the property being received by the Town Clerk and then the clock will start; seconded by Mr. Maher.
Discussion: The Planning Board had supplied Council with an advisory opinion on a substantially different overlay application brought to the Planning Board for discussion by the applicant. Based on its meetings with the Planning Board, the applicant revised its application to what is before Council tonight. The Planning Board will supply Council with an advisory opinion on this application.
Back to the Motion: Voted unanimously in the affirmative.
Town Planner William DePasquale gave Council a quick overview. The process for this application will be as for the application addressed in Agenda Item 9E. This application is for a zone change and a comprehensive plan amendment. The comprehensive plan amendment would have to be made before the zone change. The application seeks to change the zoning of the property from an RU-4 to a PD (planned development) zone which allows for a utility scale solar facility.
MOTION made by Mr. Ellis to table Agenda Item 9F to Council’s next Regular Meeting; seconded by Ms. DeFrancesco.
Discussion: Council has a communication informing it that there is a law suit regarding the property and that it should not consider the application. Council cannot halt the application process unless Council is in receipt of an Order from the Court, which it does not.
Back to the Motion: Mr. Ellis and Ms. DeFrancesco withdrew their motion and second.
MOTION made by Mr. Patterson to forward Application for Amendment to Comprehensive Plan: Revity Energy LLC, Applicant; Exeter Real Estate Holdings, LLC, Owner; Ten Rod Road (AP22/Block3/Lot3); to Make Text Amendment and Change in Future Land Use Map to the Planning Board for an advisory opinion; seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
Mr. Maher noted that the Town does not have a comprehensive plan. How can Council ask the Planning Board for an advisory opinion on the comprehensive plan if there is not one? Maybe this application should be tabled? Mr. Ellis stated that the Town does have a comprehensive plan; however, it does need to be amended. Approval for funds to amend it will be put to the voters at tomorrow night’s Financial Town Meeting.
G. APPLICATION FOR AMENDMENT TO ZONING MAP/ORDINANCE: REVITY ENERGY LLC, APPLICANT; EXETER REAL ESTATE HOLDINGS, LLC (aka EREH, LLC), OWNER; TEN ROD ROAD (AP22/BLOCK 3/LOT 3); TO CHANGE ZONING DESIGNATION FROM RU-4 TO PD (PLANNED DISTRICT): See Agenda Item No.
9F.
MOTION made by Mr. Patterson to forward Application for Amendment to Zoning Map/Ordinance: Revity Energy LLC, Applicant; Exeter Real Estate Holdings, LLC, Owner; Ten Rod Road (AP22/Block3/Lot3); to Change Zoning Designation from RU-4 to PD (Planned District) to the Planning Board for an advisory opinion;; seconded by Mr. Lefebvre.
Discussion: This application also does not have a map.
Back to the Motion: Voted unanimously in the affirmative.
H. REVIEW AND POSSIBLE ACTION: COMMUNICATION NOS. 8 AND 15: RHODE ISLAND DEPARTMENT OF TRANSPORTATION: NOTICE OF PROJECT CONSTRUCTION: PRESERVATION OF BROWNING MILL BRIDGE; DEMOLITION OF BROWNING MILL CULVERT: TRAVEL ON ARCADIA ROAD WILL BE DETOURED; ESTIMATED DATE OF COMPLETION, OCTOBER 16, 2021:
Originally, the detour had traffic leaving Arcadia Road, going west on Route 165, to Mt. Tom Road, over the Town’s one-lane bridge, into Hopkinton, off Skunk Hill Road, to gravel, and back to Arcadia. Hopkinton was not aware of the proposed detour.
Mr. Mattscheck met with the Department of Transportation, who did not know about the one-lane bridge or the gravel. The detour will now go out to Route 165, to Route 3, to Hope Valley, to Skunk Hill Road, to Arcadia Road, and will be solely on State roads.
I. VICTUALING LICENSE APPLICATION: DAVID BERNATH, OWNER/ APPLICANT, 67 SCRABBLETOWN ROAD, NORTH KINGSTOWN; MILK CAFFE, 567 SOUTH COUNTY TRAIL, UNIT NO. 110, EXETER, RHODE ISLAND (FORMERLY KIKI’S ICE CREAM): Mr. Bernath was present and stated that he will continue to sell Gifford’s ice cream as Kiki’s did, Dole Whip, gelato, specialty coffees and teas, bubble teas, and coffee milks.
MOTION made by Mr. Ellis to approve Victualing License Application of David Bernath, Owner/Applicant, for Milk Caffe at 567 South County Trail, Unit No. 110;
seconded by Ms. DeFrancesco.
Discussion: The applicant has met all license requirements. Council wished him well.
Back to the Motion: Voted unanimously in the affirmative.
A. STATUS: LEASE AND CLOSING EXTENSION AGREEMENT: TRANSFER STATION/JASON C. WHITFORD IRREVOCABLE TRUST: The Planning Board recently preliminarily approved the Town’s subdivision application. There are administrative matters to clear up. The final plan will be forwarded to the Town Planner. The closing for the purchase is on track and moving forward.
B. DISCUSSION: CHARTER CHANGE: STAGGERING OF COUNCIL TERMS:
Mr. Findlay will send the draft language to Attorney Marusak for review.
C. COMPREHENSIVE PLAN: DISCUSSION: REQUESTS FOR PROPOSALS AND FUNDING: Approval for funds to amend the comprehensive plan will be put to the voters at tomorrow night’s Financial Town Meeting.
D. STATUS: SPLIT ROCK MOBILE PARK: ELECTRICAL ISSUES: Electrical Inspector Randy McGovern reports that some progress has been made, a couple of permits have been pulled but several others are needed, and that he needs the engineer’s report. Mr. Palmer, the owner, reported that he has the engineer and the poles to be installed but has been unable to line up the engineer and the pole installer to fix the problems.
MOTION made by Mr. Ellis to direct the Clerk to write to Mr. Palmer acknowledging what has been done and requesting that he continue to proceed in order to resolve the issues; seconded by Mr. Lefebvre.
Discussion: The letter will be sent certified mail.
Back to the Motion: Voted unanimously in the affirmative.
E. STATUS: REQUEST TO EXETER BOARD OF TRUSTEES TO RECONSIDER PURCHASE OF NEW DROP OFF BOOK BOX: The Board of Trustees received Council’s letter, is gathering information regarding returning the box, and will respond to Council. It is believed that the company will take the box back for a 30% restocking fee plus shipping. The box holds more books and has a bigger deposit slot. It is in the Board’s purview to decide what to do with it.
F. MEMORANDUM OF UNDERSTANDING BETWEEN THE RHODE ISLAND STATE POLICE AND THE TOWN OF EXETER: The voters at tomorrow night’s Financial Town Meeting will decide whether the Town will enter into the memorandum of understanding. The State budget will allow for only 25 State Police recruits. State Police Colonel Jim Manni proposes two full-time officers for Exeter if Exeter will agree to pay their salaries. The State will pay their benefits. The contract will be for three years, at the end of which the Town can opt out if it chooses. The Colonel has to get approval from the General Assembly. The money will not be expended until next fiscal year. Year One, July 1, 2022 – June 30,20 23, would be $137,600.00; Year Two, July 1, 2023 -June 30, 2024, would be $143,350.00., and Year 3, July 1, 2024- June 30, 2025, would be $147.000.00. It’s a good price. Sooner or later the Town will have to pay for State Police services.
A. TOWN COUNCIL ASSISTANT’S REPORT: Town Council Assistant, Kenneth G. Findlay: Mr. Findlay has been busy preparing documentation for tomorrow’s Financial Town Meeting.
B. SOLICITOR’S REPORT: James P. Marusak, Esq.: Attorney Marusak will report on the Davis and Green litigation matters in Executive Session.
C. REPORTS REMOVED FROM CONSENT AGENDA:
Library Report: Mr. Ellis reported that a new Library Director, Tien Tran, has been hired and will start on June 28, 2021. The new Director was the top choice of the applicants and has experience coming from the Providence Public Library system.
Mr. Ellis read minutes from Council’s May 3, 2021, Regular Meeting, regarding miscommunication circulating that Council is closing the Library and a June 3, 2021, communication condemning Council for defunding the Library. The Council, in fact, is not defunding the Library. The budget for tomorrow night’s Financial Town Meeting proposes a 23.10% raise for the Library Assistant making it full time and adding benefits to the position, giving parridy and raises to the rest of the Library staff (the same as the rest of the Town staff, 2%). The Library operations budget is increased by 1.67% while the majority of department budgets were level funded. The accusations of defunding of
the Library are wrong and inappropriate.
Social Services: Social Services Director Jessica DeMartino is orchestrating delivery of Meals on Wheels and needs volunteers.
Gifts: The Public and Staff are reminded that municipal employees cannot accept gifts with a value of more than $25.00.
Calls to Town Departments: The Public making calls and the Staff receiving calls are reminded that the conversations are to be respectful and polite and not rude or sarcastic.
No. 2 05/29/2021 Laura Gardiner: Letter of interest regarding vacant position on the Exeter-West Greenwich School Committee: Addressed previously this evening.
No. 5 05/03/2021 John Holderman: Letter of Interest for vacant position on the Exeter-West Greenwich School Committee: Addressed previously this evening.
No. 9 05/06/2021 Peter Wilbur: Letter of Interest and resume regarding vacant position on the Library Board of Trustees: Addressed previously this
evening,
No. 18 05/24/2021 Town of Hopkinton: Resolution: Request to Waive the Local Maintenance of Effort (MOE) Requirement for Schools (H-6287 & S-9871):
A school district should not be allowed to sue a Town if it asks for more money than approved. A maintenance of effort addresses this. Maybe the Exeter-West Greenwich School District should consider a maintenance of effort requirement.
No. 20 05/24/2021 Thomas Boving, Professor, Environmental Hydrology, University of Rhode Island: Survey for Rhode Island Small Public Water Suppliers: Director of Public Works Stephen Mattscheck responded to Professor Boving and informed him that the Town of Exeter does not run or own a private household water or drinking supply system. The only public water systems in Town are at the Ladd Center and Deerbrook. Neither are controlled by the Town of Exeter.
No. 24 05/25/2021 Reynolds Charitable Trust: Recommendation for Approval of Meals on Wheels of Rhode Island expanding in Exeter: Addressed previously this evening.
No. 26 05/27/2021 Letter from Thomas Boving: Follow-up on survey regarding Water-Use and Data Research Project : See Communication No. 20.
No. 28 06/01/2021 Asa Davis: Letter regarding previous unresolved issues on town property; DEM Violations and Notice of Intent to Enforce: The Town has not received any fines from the DEM to date. The Director of Public Works has been instructed to copy the Council President on all emails and/or communications. The deadline for resolution has been extended to November 1, 2021. As it has been understaffed due to Covid, the DEM indicates that it may extend the deadline.
After receiving information from DEM, Mr. Mattscheck posed questions to our engineering firm, Tighe & Bond. He is awaiting Tighe & Bond’s response. DEM waived many things done long ago that should not have been done and waived many things put in places they should not have been put. Why will it not waive the dry storage building that is further away from the wetlands than other buildings? The building is not being used for salt. It is used for storage. If the building is lost or moved, truck access will be lost or complicated. DEM has requested a stamped, engineer’s plan for an insignificant alteration permit regarding the basketball court. They never asked for one before. Mr. Mattscheck is waiting for the engineer’s cost estimate. The truck pull will be moved when DEM approves the move. Mr. Mattscheck does not deal with DEM directly. Tighe & Bond does.
Council took a 10-minute recess.
The Public was disconnected from the Executive Session by being put in the Zoom Waiting Room.
MOTION made by Mr. Ellis to enter into Executive Session to discuss Agenda Items A1 and A3 (Current/Future Litigation); Green Development and Asa Davis); seconded by Mr. Maher; and voted as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Calvin A. Ellis Yes
Olivia DeFrancesco Yes
Francis T. Maher, Jr. Yes
Motion passes.
Council entered into Executive Session at 10:10 p.m.
Council adjourned Executive Session at 10:45 p.m. and reassembled in open session.
The Public was taken out of the Zoom Waiting Room and made to join the open session.
MOTION made by Mr. Ellis to seal the minutes of the Executive Session;
seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
MOTION made by Mr. Ellis to affirm all votes taken in Executive Session;
seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
MOTION made by Mr. Lefebvre to adjourn the meeting; seconded by Mr. Patterson; and voted unanimously in the affirmative.
The Regular Meeting was adjourned at 10:46 p.m.
The next Regular Meeting of the Exeter Town Council is scheduled for Tuesday, July 6, 2021, at 7:00 p.m.
Respectfully submitted,
Lynn M. Hawkins, CMC
Exeter Town Clerk
Approved: July 6, 2021