No.   1:   PLEDGE OF ALLEGIANCE: 

Town Council Member Manuel Andrews led Council and the Public in the Pledge of Allegiance.

No.   2:   CALL TO ORDER/ROLL CALL:

 The Regular Meeting of the Exeter

Town Council was called to order at 7:01 p.m., on Tuesday, July 5, 2022, in Council Chambers, Exeter Town Clerk’s Office Building, 675 Ten Rod Road, Exeter, Rhode Island.

No.   3:   PUBLIC COMMENT:

Scott Gavitt, Exeter 1 Fire Chief:  The State, in memoriam of those Rhode Islanders who lost their lives to COVID-19, had covered the State House lawn with 4,000 white flags. 

Chief Gavitt was asked to go to the State House Saturday evening, where he was presented with  eleven flags representing Exeter residents.  It is expected that the Town will do its own memorial with the flags.  He offered his and his team’s assistance and presented the flags to Council.

Judy Benetti, Split Rock Mobile Home Park:  Ms. Benetti has lived in Split Rock for twenty years.  The Park has become a “nightmare.”  Her home is between two abandoned trailers.  She needs a new roof, but there is a tree limb that needs to be removed.  It already cracked one of her sun tunnels.  She has septic issues.  She has contacted the Park owner numerous times about these and other problems.  He is non-responsive.  Can something be

done?  She cannot take it any longer.  If Council cannot do anything, she will go to the State.

Kandice Greenless, West Shore Drive (Communication No. 8):  The speed limit has always been 15 mph.  A new sign has been installed that indicates 25 mph.  She requested that the speed limit in Boone Lake be put back to 15 mph.  The roads are twisty, windy, and one lane.  25 mph is too fast and poses dangers. 

Asa Davis, Beechwood Hill Trail:  1) A Rhode Island Public Works Association (“RIPWA”) newsletter shows Director of Public Works Stephen Mattscheck teaching a grading class on Town time with Town equipment.  RIPWA was paid by the State.  Exeter was paid nothing.  Whose insurance covers others operating Town equipment?; 2) The Town’s video of the recent Financial Town Meeting on You-Tube shows Mr. Mattscheck voting for his own pay increase, an ethics violation; 3) Filming the FTM audience is bad practice because votes are supposed to be private; 4) Though they should be addressed, the ethics violations and purchase irregularities sighted in Mr. Davis’ calls for investigation have been ignored and buried; 6) Piggy backing on bids is illegal but the Town does so; 7)  Mr. Davis submitted another picture of his neighbor, Mr. Iannuccilli, illegally dumping yard debris in the right of way at the end of Estate drive; 8)  The Town’s 911 Coordinator assigns 911 addresses in accordance with standards issued by the Rhode Island Department of Public Safety.

No.    5:    APPROVAL OF AGENDA ORDER:

MOTION made by Mr. Ellis to modify the Agenda Order to address Administrative Issues following Agenda Item No. 5, Approval of Agenda Order, and to otherwise approve the Agenda Order as presented; seconded by Mr. Patterson; and voted unanimously in the affirmative.

Council moved to Agenda Item No. 12, Other Administrative Issues.

No.    6:    APPROVAL OF CONSENT AGENDA:

A.       REYNOLDS CHARITABLE TRUST: 

There were two vouchers for Council’s consideration.

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/PUBLIC SAFETY

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

Council did not remove any reports.

C.      COMMUNICATIONS:  Council did not remove any communications.

D.      SCHEDULE OF JULY MEETINGS AND EVENTS:

The 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.

F.       APPROVAL OF MINUTES:

No.     7:     VACANCIES AND APPOINTMENTS:

A.      VACANCIES:

1.      PERSONNEL BOARD (5 MEMBERS NEEDED)

2.      CONSERVATION COMMISSION (7 MEMBERS NEEDED)

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.  These vacancies will continue to post.

B.      RESIGNATIONS:

1.      ANIMAL SHELTER ATTENDANT:  CAETLYN NICHOLS:  Council has Caetlyn Nichols’ Letter of Resignation.

MOTION made by Ms. DeFrancesco to accept Caetlyn Nichols’ resignation as Animal Shelter Attendant and send letter of regret; seconded by Mr. Ellis; and voted unanimously in the affirmative.

MOTION made by Mr. Ellis to post vacant position of Animal Shelter Attendant;

seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.

2.      ELECTIONS ADMINISTRATOR/CLERK, OLIVIA FRIEDERICH: 

Council has Olivie Friederich’s Letter of Resignation.

MOTION made by Ms. DeFrancesco to accept Olivia Friederich’s resignation as Elections Administrator/Clerk and send letter of regret; seconded by Mr. Ellis;

and voted unanimously in the affirmative.

MOTION made by Mr. Ellis to post vacant position of Elections Administrator/Clerk and to provide copies of previous letters of interest received to Town Treasurer Maria Lawler and Board of Canvassers Chair Mary B. Hall; seconded by Mr. Patterson; and voted unanimously in the affirmative.

C.     APPOINTMENTS:

No.     8:     PUBLIC HEARINGS:

A.      OUTDOOR ENTERTAINMENT LICENSE APPLICATION:  FRIENDS OF THE EXETER PUBLIC LIBRARY, APPLICANT; TO HOLD ANNUAL “EXETER FALL FESTIVAL” TO BENEFIT THE EXETER PUBLIC LIBRARY, SATURDAY, SEPTEMBER 24, 2022, 10:00 A.M. TO 3:00 P.M., YAWGOO VALLEY SKI AREA,

160 YAWGOO VALLEY ROAD, EXETER, RHODE ISLAND; TO INCLUDE MUSIC, ARTISANS, VENDORS, FAMILY ENTERTAINMENT:

MOTION made by Mr. Andrews to open the Public Hearing; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.

Helen Douglas, President, Friends of the Exeter Public Library, was present.  She thanked Council for its past support of the Friends and this event, which has been successful.  The

owners of Yawgoo Valley Ski Area do not charge for use of the property for this event. 

She requested, as in past years, waiver of the application fee, since all profit goes to the

Library.  The Friends operate as a 501(c)(3).  It supports the Library by funding requests

of the Library Director.  They are working with Rhode Island Foundation Endowment

to get perpetual funding for the Library.  The Friends recently won the Rhode Island Library Association Service Award.

MOTION made by Mr. Ellis to close the Public Hearing; seconded by Mr. Patterson;

and voted unanimously in the affirmative.

MOTION made by Mr. Ellis to grant Outdoor Entertainment License Application to the Friends of the Exeter Public Library for Exeter Fall Festival to be held on September 24, 2022, as presented, to waive application fee in the amount of $100.00, and subject to fees for advertising and certified mailings in the amount of $179.44 being paid; seconded

by Ms. DeFrancesco; and voted unanimously in the affirmative.

B.        TWO PROPOSED AMENDMENTS TO EXETER HOME RULE CHARTER:  1)  “SHALL ARTICLE VI, SECTION 602, BE REVISED CHANGING THE TERM OF THE ELECTED TOWN CLERK FROM TWO YEARS TO FOUR YEARS?;  2)  “SHALL ARTICLE VI, SECTION 603 BE REVISED CHANGING THE TERM OF THE ELECTED TOWN TREASURER FROM TWO YEARS TO FOUR YEARS?”

MOTION made by Mr. Ellis to open the Public Hearing; seconded by Mr. Andrews;

and voted unanimously in the affirmative.

The questions are presented by Council.  Mr. Ellis read the rationales into the record.

The rationale for increasing the Town Clerk’s term “is intended to increase stability and continuity in the Town Clerk’s Office,” “will benefit the Town by helping to attract and retain those elected to this position,” is because “there is a significant amount of technical training and knowledge required to successfully perform the duties and responsibilities of this position,” and is because “persons elected to the Town Clerk position are critical to the livelihood of Exeter.” 

The rationale for increasing the Treasurer’s term “is intended to increase stability and continuity in the Treasurer’s Office,” is to “benefit the Town’s financial health and well being and help to attract and retain those elected to this position,” is because “the level of expertise required to perform the ever-changing tasks and responsibilities of this position are significantly increased through experience,” and is because “persons elected to the Town Treasurer position are critical to the livelihood of Exeter.”

Though he sees the value of consistency, Mr. Lefebvre did not support increasing the length of any elected term.  The positions, especially the Treasurer’s, would be better served if appointed.

The current Treasurer, Maria Lawler, is terrific; but if she is replaced in an election, the Town could be stuck with a not-so-good Treasurer for four years.  The position should be left two years or be appointed. 

Regarding the Treasurer’s position, Mr. Ellis agreed that a significant level of expertise and skill are required and knows there is much interaction with the State.  He would rather see the Treasurer attend to the Town’s finances than go through the stress of an election and seeking votes to keep her job.  The Town’s Code of Ordinances outlines the duties of the Treasurer. 

If a Council finds that a Treasurer is not performing his or her duties, there is a process whereby Council could achieve removal.  He agreed with Mr. Lefebvre that the position should be hired.  However, twice, changing the position from elected to appointed has been on the ballot, and twice it has been defeated. 

Ms. DeFrancesco agreed, but felt too many charter changes on the ballot confuses voters,

and looks at this change as a “baby step” towards “doing the right thing.”

Maria Lawler, Town Treasurer, was present and noted that the State Treasurer’s term is four years and that both positions, the Town Treasurer’s and the Town Clerk’s, have changed drastically in the twelve years Ms. Lawler and Ms. Hawkins have served.   The demands

are so much more.  Ms. Hawkins agreed and noted that nobody knows the level of skills

required and numerous demands to be met.

Kandice Greenless from Boone Lake agreed that the Treasurer’s position should be appointed.

Ms. Lawler is valuable and should be held in the position.

If the questions pass on November’s ballot, the four-year terms would go into effect upon passage.

MOTION made by Mr. Andrews to close the Public Hearing; seconded by Mr. Patterson; and voted unanimously in the affirmative.

MOTION made by Mr. Patterson to approve two Proposed Amendments to Exeter Home Rule Charter: 1) Shall Article VI, Section 602, be revised changing the term of the elected Town Clerk from two years to four years? and 2) Shall Article VI, Section 603, be revised changing the term of the elected Town Treasurer from two years to four years?;

seconded by Mr. Andrews; and voted as follows:

                                    Daniel W. Patterson                Yes

                                    Michael A. Lefebvre               No

                                    Calvin A. Ellis             Yes

Olivia DeFrancesco                 Yes

                                    Manuel Andrews                     Yes

                                    Motion passes.

No.     9:     NEW BUSINESS: 

A.       EXTENSION AND RENEWAL OF DECLARATION OF MUNICIPAL STATE OF EMERGENCY:

MOTION made by Mr. Patterson to remove Agenda Item 9A, Extension and Renewal

of Declaration of Municipal State of Emergency, from the Agenda; seconded by

Mr. Lefebvre.

Emergency Management Director, Stefan Coutoulakis, was present and noted that from the beginning of Covid-19, the Town aligned itself with the executive branches regarding decision-making policies and Federal funding.  The funding has ceased.  Other communities have lifted their state of emergencies.  The Declaration authorized Mr. Coutoulakis and others to make decisions that were of an urgent nature during Covid. 

Council thanked Mr. Coutoulakis for everything he did through Covid-19.  Mr. Coutoulakis thanked all those who helped him, Town Hall, Public Works, the first responders.  It was a team effort.

Back to the Motion:  Voted unanimously in the affirmative.

B.       DEPARTMENT OF PUBLIC WORKS:  AWARDING OF BID: REPLACEMENT OF HVAC SYSTEM  AT LIBRARY WITH GRANT RECEIVED FROM CHAMPLIN FOUNDATION:  Notice was duly advertised and posted.  One bid was received and duly opened.  Director of Public Works Stephen Mattscheck has made a recommendation to award

the bid to the one bidder, Zarrella Plumbing, who has been in business 24 years and provided

an extensive and impressive client list.  The price is good.  The Library has a $150,000.00 grant from The Champlin Foundation and Council set aside funds from the American Recovery Plan Act funds for this project.  Kenneth Findlay, Chair, Library Board of Trustees, recommends

the bid and requested Council to add to the bid, $189,115.00, the first annual maintenance fee, $5992.50, for a total amount of $195,107.50.  Mr. Lefebvre asked:  Why is the fee so much? 

Is it normal?  Ms. DeFrancesco and Mr. Patterson thought that the first year would be under warranty and that the first annual maintenance should be included.  Terms and conditions

are to be mutually agreed upon, so the following motions entered:

MOTION made by Mr. Patterson to award Zarrella Plumbing & Heating of Cranston, Rhode Island, installation of a new HVAC system at the Town’s Library in the amount

of $189,115.00; seconded by Ms. DeFranceso; and voted unanimously in the affirmative.

MOTION made by Mr. Patterson that the first year biannually preventive maintenance service contract, including spring and fall service, be negotiated, not to exceed $5992.50, and to include a breakdown of service; seconded by Mr. Lefebvre.

Discussion:  Mr. Andrews suggested awarding the bid and waiving the fee.  Only one bid was received.  Council did not wish to risk losing the one bidder.  Mr. Findlay did not want to lose the bidder because winter is coming shortly.

Back to the Motion:  Voted unanimously in the affirmative.

C.       DEPARTMENT OF PUBLIC WORKS:  REQUEST TO PROCEED TO BID:  CHIP SEAL: 

MOTION made by Mr. Patterson to proceed to bid for chip seal; seconded byMs. DeFrancesco; and voted unanimously in the affirmative.

D.       DEPARTMENT OF PUBLIC WORKS:  REQUEST TO PROCEED TO BID:  TRACTOR-MOUNTED ROADSIDE MOWER:  The funds for the mower were approved at the recent Financial Town Meeting.

MOTION made by Mr. Ellis to proceed to bid for tractor-mounted roadside mower;

seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.

E.       DISCUSSION, CONSIDERATION, AND POSSIBLE ACTION:  TRANSFER STATION STICKER PRICE INCREASES:  Lengthy discussion ensued regarding fees, other disposal options, and Town subsidizing of the transfer station.  If changes to the ordinance are going to be proposed, a public hearing has to be held in August in order to implement the changes in time for the upcoming permit period, October 1, 2022 to September 30, 2023. 

Some changes discussed tonight, such as other disposal options, require more discussion and consideration before going to public hearing.  The fee changes, however, can be made before the upcoming permit period.  Mr. Findlay will draft the proposed fee changes as discussed tonight to be introduced at a Special Council Meeting on July 11, 2022, for a public hearing

to be held during Council’s Regular Meeting of August 1, 2022.

F.       BUILDING DEPARTMENT:  REQUEST TO MEET IN-PERSON ONLY ONCE PER MONTH VERSUS EVERY WEDNESDAY:  With the new electronic system, weekly in-person meetings are not necessary.  The Inspectors now meet with the applicants in the field.

The Building Clerk receives and transfers all calls.  If persons come into Town Hall looking to meet with an inspector, they are given that inspector’s contact information to arrange a meeting.

MOTION made by Ms. DeFrancesco for the Inspectors to meet once per month and to

let Council know which Wednesday that will be; seconded by Mr. Lefebvre; and voted unanimously in the affirmative.

G.      DISCUSSION AND POSSIBLE ACTION:  STANDARD TIMES REPORTING:

Mr. Ellis noted that for months and years, the Town has not been regularly covered.  The Town uses the Standard Times for all of its advertising of legal notices.  The person who was regularly reporting Exeter news and on Exeter meetings for a time has left the Standard Times.  He has not been replaced.

MOTION made by Mr. Ellis for the Council to write the Standard Times requesting

a reporter be made available for Town news and especially Town meetings; seconded by Mr. Lefebvre; and voted unanimously in the affirmative.

H.      ASSIGNMENT OF 911 NUMBERS:  CLARIFICATION OF PROCESS:

When recently on Hallville Road, Mr. Ellis noticed a new mailbox labeled “Davis.”  When he inquired why the number was assigned if there was no building, 911 Coordinator Patricia Whitford explained that, pursuant to the ordinance, where there is a right of way, people can access the property.  In the event of an emergency, there has to be a number posted that first responders can find.  Mr. Ellis noted that the local building and lot numbering ordinance is  administered by the Town Council through its 911 Coordinator.  It seems inappropriate to Mr. Ellis to have a 911 number where there is no direct access or building.  Thus, he made the following motion:

MOTION made by Mr. Ellis to refer the Town’s local 911 ordinance to Town Solicitor

James Marusak for his review; seconded by Mr. Lefebvre; and voted as follows:

                                    Daniel W. Patterson                Yes

                                    Michael A. Lefebvre               yes

                                    Calvin A. Ellis             Yes

Olivia DeFrancesco                 Abstain

                                    Manuel Andrews                     Yes

                                    Motion passes.

I.       REVIEW:  EDWARD F. BRIGGS DISPOSAL, INC.:  REQUEST FOR ADJUSTMENT (INCREASE) IN HAULING FEES OF SOLID WASTE AND RECYCLING FROM THE TRANSFER STATION TO THE STATE LANDFILL:

With rising fuel costs, Briggs Disposal had requested Council to pay an additional fuel surcharge of $16.38 per month.  Council granted the request, paid Briggs the additional fee April, May, and June, and continued the matter to this agenda for re-review.  Fuel prices have not come down.

MOTION made by Mr. Patterson to continue paying the additional fuel surcharge to Briggs Disposal for an additional three months and revisit this in three months; seconded by Mr. Lefebvre.

Discussion:  Angie Briggs was present and thanked Council for granting the request. 

The original request for an additional 8.4%.  Since then, fuel costs have continued to rise. 

Ms. Briggs asked Council to consider increasing the surcharge even more, to 20%.  This would mean rather than an additional $400.00 per month, it would be an additional $1,000.00 per month.  If Council cannot do 20%, then maybe somewhere in between.  Mr. Patterson withdrew his motion.  Mr. Lefebvre withdrew his second.

MOTION made by Mr. Patterson to increase the fuel surcharge paid to Briggs Disposal to 12% for two months and to revisit this in September; seconded by Mr. Lefebvre;

and voted unanimously in the affirmative.

J.       TOWN SERGEANT’S DEPARTMENT:  REQUEST FOR THIRD SPECIAL CONSTABLE: 

MOTION made by Mr. Ellis to honor Interim Town Sergeant Scote Miller’s request to appoint Steven Vanner, retired police officer, as a third special constable; seconded by

Ms. DeFrancesco.

Discussion:  In the absence of a Town Sergeant, Mr. Miller is serving as Interim Town Sergeant (he was serving as Town Constable), the department is down one staff member and is recommending that Stephen Vanner be appointed third special constable.  Mr. Vanner having served the Town off and on as a Rhode Island State Police Resident Trooper assigned to Exeter is familiar with Exeter, has completed a Rhode Island Department of Transportation Road Construction Safety Course, “Safe and Effective Use of Personnel in Work Zones,” holds a

State of Rhode Island Work Safety Zone ID Card,” and has much experience with traffic control.  With the State’s ongoing project on Route 165 and many other vendor projects, there are a number of details that need to be covered that Mr. Miller is having trouble covering.

Back to the Motion:  Voted unanimously in the affirmative.

K.      DISCUSSION, CONSIDERATION, AND POSSIBLE ACTION:  SPEED LIMITS:  EAST SHORE ROAD, WEST SHORE ROAD, AND BIRCH DRIVE:  Council has Communication Nos. 8 and 14 through which Mr. and Mrs. Greenless and Ms. Tarbox-Simas request Council to reduce the speed limits in Boone Lake to 15 mph.

MOTION made by Mr. Ellis that Council authorize reducing the speed limit on East Shore Road, West Shore Road, and Birch Drive to 15 mph; seconded by Mr. Patterson.

Discussion:  Mr. Ellis noted that Director of Public Works Stephen Mattscheck indicated to him that 25 mph is standard if no other speed limit is authorized by Council.  Lengthy discussion ensued between Council and Mr. and Mrs. Greenless and Ms. Tarbox-Simas regarding the difficulties and issues with the speed limit in Boone Lake.

No.     10:     UNFINISHED BUSINESS:

No.     11:     REPORTS OF OFFICERS, BOARDS, AND COMMITTEES:

A.       TOWN COUNCIL ASSISTANT’S REPORT: Town Council Assistant, Kenneth G. Findlay:  Mr. Findlay will work on redrafting the policy regarding use of town vehicles and an out-of-state use of town vehicles policy.

B.        SOLICITOR’S REPORT :  James P. Marusak, Esq. :  Attorney Marusak’s billing statements will show everything he has worked on for the Town in the past month.  He had nothing for Executive Session this evening.

C.        REPORTS REMOVED FROM CONSENT AGENDA:  There were no Reports removed earlier this evening under Consent Agenda for discussion.

No.     12:     OTHER ADMINISTRATIVE ISSUES:

Tilted Barn, Application for One-day Liquor License:  The Public Hearing on the application was duly advertised, but inadvertently not posted on tonight’s agenda.  Mr. Ellis suggested that a Special Meeting be scheduled.  Following discussion, the following motion entered:

MOTION made by Mr. Ellis to schedule a Special Meeting for Public Hearing on Tilted Barn, Application for One-day Liquor License, on Monday, July 11, 2022, at 5:30 p.m.,

in Council Chambers, Exeter Clerk’s Office, 675 Ten Rod Road, Exeter, Rhode Island; seconded by Mr. Andrews; and voted unanimously in the affirmative.

Topographical Survey, Public Works Garage, 175 South County Trail:  At Council’s direction, bids were solicited.  None were received.  Council authorized the Clerk, as Purchasing Agent, to move forward.  The Clerk solicited three written quotes.  Per the Town’s ordinance,

the Clerk was able to award the bid to Chris Palmer, a local surveyor.

Providence Journal Article, June 24, 2022:  A controversial solar bill has been put on hold. 

Another solar bill did not have the votes for passage in one State committee, so it was moved

to another where it did get the votes and has been put on the Governor’s desk for signature.

Judy Benetti, Public Comment Previously Tonight:  Ms. Benetti was referred to Building Inspector Ronald DeFranceso and told to submit a Public Records Request for information

on Council actions in recent months.

Council moved to Agenda Item No. 6, Approval of Consent Agenda, and resumed the normal order of the Agenda.