MINUTES
EXETER TOWN COUNCIL
REGULAR MEETING
OCTOBER 3, 2022
Town Council Member Calvin Ellis 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, October 3, 2022, in Council Chambers, Exeter Clerk’s Office, 675 Ten Rod Road, Exeter, Rhode Island.
Roll Call: Daniel W. Patterson Present
Michael A. Lefebvre Present
Calvin A. Ellis Present
Olivia DeFrancesco Present
Manuel Andrews Present
Also Present: Also Present: James P. Marusak, Esq., Town Solicitor
Lynn M. Hawkins, Town Clerk
Kenneth G. Findlay, Council Assistant
Asa Davis: 1) Mr. Davis has been making the same comments for two years. The response has been like “crickets”; 2) Last month his comments were referred to as “diatribe…lengthy oration or criticsm of someone or something often employing humor or sarcasm”; 3) The answer to the question. “Who pays when the Department of Public Work does work outside of town?”, as it did in Narragansett, is the Town; 3) A “criminal is one who commits a crime.” Mr. Ellis is accused as a criminal because there is an outstanding ethics complaint regarding his affiliation with the Washington County Regional Planning Council and an admitted criminal because he has filed original and amended ethics forms. His claim that the Washington County Regional Planning Council is defunct is false because it has filed recent tax returns; 4) For his ethics violations, Mr. Patterson took a deal to keep his Federal Firearms License.
Judy Benetti: In August, Ms. Benetti made Public Comment regarding issues at Split Rock Mobile Park. She is here tonight to say that the issues have not been addressed. The tree threatening her trailer has not been addressed and the recycle dumpster has been taken away. Ms. Benetti was advised that the Town and its Inspectors are working on the issues. The Clerk will ask the Inspectors to investigate the tree and find out why the recycle dumpster was taken away.
Exeter Clerk’s Office Closed Election Day, November 8, 2022: The three staff members, Town Clerk Lynn Hawkins, Deputy Clerk Patricia Whitford, and Clerical Assistant Janette Morrissey will be assisting the Board of Canvassers at the polls. All other Town offices in the Exeter Clerk’s Office building will be open on November 8, 2022.
Early Voting: Beginning October 19, 2022, and running through and including November 7, 2022, Exeter voters can cast their ballots early in Council Chambers, Exeter Clerk’s Office,
675 Ten Rod Road, Monday through Friday, 9:00 a.m. to 4:00 p.m. On Election Day,
November 8, 2022, voters should go to their usual voting places. Council Chambers in the Exeter Clerk’s Office will be a fourth polling place with a limited ballot for those not registered to vote.
Staff at Exeter Clerk’s Office: Ms. DeFrancesco thanked the staff in the Exeter Clerk’s Office for always “jumping in” when and where needed.
Poll Workers: Mr. Patterson thanked all the poll workers who helped at the Primary Election and will be helping at the General Election.
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 communication
for consideration (Communication No. 14).
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
Mr. Ellis removed Report Nos. 6 and 7.
C. COMMUNICATIONS: Mr. Patterson removed No. 14. Mr. Ellis removed Nos. 4
and 7.
D. SCHEDULE OF OCTOBER 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 and no Tax Collector’s Remittances and Abatements.
F. APPROVAL OF MINUTES:
1. COUNCIL REGULAR MEETING, SEPTEMBER 6, 2022
2. COUNCIL REGULAR MEETING EXECUTIVE SESSION, SEPTEMBER 6, 2022
The minutes were not available.
MOTION made by Mr. Ellis to approve the Consent Agenda as amended;
seconded by Mr. Patterson; and voted unanimously in the affirmative.
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: There were no Resignations.
C. APPOINTMENTS:
1. JUVENILE HEARING BOARD ALTERNATE MEMBERS (TWO NEEDED
FOR THREE-YEAR TERMS BEGINNING DATE OF APPOINTMENT): No applications have been received. The vacancies will continue to post.
2. EXETER RURAL LAND PRESERVATION TRUST COMMITTEE MEMBERS
(ONE NEEDED TO FILL UNEXPIRED TERM ENDING APRIL 1, 2023): No applications have been received. The vacancies will continue to post.
3. ELECTIONS ADMINISTRATOR: Jennifer Cunningham was appointed last month but has declined the position. This vacancy will continue to post.
14. PUBLIC WORKS WORKER: Council has Director of Public Works Stephen Mattscheck’s recommendation, William E. Brown. He has good qualifications, a CDL license with tanker endorsement, experience plowing, landscaping, and carpentry.
MOTION made by Mr. Ellis to appoint William E. Brown as Public Works Worker; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
5. ANIMAL CONTROL ATTENDANT: This vacancy was advertised and posted incorrectly. It should have been for Animal Control Officer. It will be readvertised and posted and continued to next month. Those who have applied for attendant will be advised and asked if they wish to consider applying for officer.
6. FINANCE CLERK: There have been no applicants. This vacancy will continue to post.
7. JUVENILE HEARING BOARD FULL MEMBER (TERM EXPIRING THREE YEARS FROM DATE OF APPOINTMENT): Council has Lori Hauser’s request to be reappointed.
MOTION made by Mr. Ellis to reappoint Lori Hauser as Juvenile Hearing Board Full Member for the ensuing term; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
D. EXPIRING TERMS: There were no Expiring Terms.
A. CONTINUED : PUBLIC ENTERTAINMENT LICENSE APPLICATION : ANTHONY GEMMA, 106 TEN ROD ROAD, EXETER, RHODE ISLAND, APPLICANT; TO HOLD DRIVE-THROUGH HOLIDAY DISPLAYS ON HIS PROPERTY IN SUPPORT OF THE GLORIA GEMMA BREAST CANCER FOUNDATION IN MEMORY OF HIS MOTHER: OCTOBER 1 – OCTOBER 31, 2022, 10:00 A.M. TO 10:00 P.M. (HALLOWEEN) AND NOVEMBER 24, 2022 TO JANUARY 1, 2023, 10:00 A.M. TO 10:00 P.M. (CHRISTMAS); POLICE DETAILS WILL BE HIRED WEEKENDS (FRIDAY AND SATURDAY) AS NEEDED:
MOTION made by Ms. DeFrancesco to reopen the Public Hearing; seconded by
Mr. Andrews; and voted unanimously in the affirmative.
Last month, Mr. Gemma was tasked with meeting with Town officials and the Rhode Island Department of Transportation Safety Engineer. Last year’s traffic plan was submitted to the Engineer who has approved it, only suggesting that more signage be added, giving additional information and direction, which Mr. Gemma will do. Mr. Gemma wants the events to be safe and will constantly monitor the traffic flow.
Mr. Andrews commented: He thanked Mr. Gemma for meeting with the Town officials and the State Safety Engineer. He noted that Emergency Management Director E. Stefan Coutoulakis and Interim Town Sergeant Scote Miller agree with the plan.
Maria Corselli, the Executive Director for the Gloria Gemma Breast Cancer Foundation: commended the Gemma family for holding the events; the events are a personal disadvantage and inconvenience to the family but they do it for the community; that she was upset that the Town is putting the family through this; and indicated that the monetary donations
and food donations help families in treatment tremendously.
Council agreed that the event is very nice and commended the Gemma Family.
MOTION made by Mr. Ellis to close the Public Hearing; seconded by Ms. DeFrancesco;
and voted unanimously in the affirmative.
MOTION made by Mr. Lefebvre to approve Public Entertainment License Application of Anthony Gemma to hold Holiday Displays as advertised, subject to $337.24 in advertising and certified mailing fees being paid; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
A. ECONOMIC DEVELOPMENT TASK FORCE: ESTABLISH A QUORUM:
In 2019, the then Council appointed ten people. Following discussion, the following motion entered:
MOTION made by Mr. Patterson that three members’ presence would constitute a
quorum of the Economic Development Task Force; seconded by Mr. Lefebvre;
and voted unanimously in the affirmative.
B. WASHINGTON COUNTY REGIONAL PLANNING COUNCIL: STATUS REPORT: A complaint regarding Mr. Ellis’ involvement with the Washington County Regional Planning Council (“WCRPC”) was filed with the Ethics Commission by resident,
Asa Davis. Mr. Ellis noted that last month he provided the Town Council copies of documents and information he has provided to the Ethics Commission. He was appointed as the Town Council’s Representative to the WCRPC in 2007. Mr. Davis had sent a letter regarding recently amended filings. Though Mr. Ellis has filed as the Treasurer for the past five years for the WCRPC, it has not met. When asked by the Ethics Commission whether the WCRPC has dissolved, Mr. Ellis answered that he did not know. Since Mr. Ellis did not know whether the WCRPC had dissolved, the Ethics Commission advised Mr. Ellis to amend his filings.
Mr. Ellis read from Mr. Davis’ letter: “I’m sure you are aware the Council, which operates under the PRISM fictitious business name, is a non-profit organization. Per those regs, the Council is required to make its tax returns and financial reports publicly available. Earlier tax returns indicate that these documents are available to the public upon request and Board members review returns prior to filing. My earlier request to review Form 990 for 2019, ‘20,
and ‘21 received no response. This request was sent by regular mail to Jeffrey Broadhead, the Executive Director...I make the same request to you. If you have them available, I request copies of those forms…If copies are not available, I request an appointment to review the docu-ments…there are substantial individual penalties applicable to officers and directors who fail to report spending and reporting requirements. I look forward to your assistance in bringing this organization back into compliance.” Council was copied on the letter. Mr. Ellis stated that, though the letter was addressed to him as Treasurer and Director of the WCRPC, he never saw tax return filings and never handled any money.
Mr. Ellis wrote to Tom Gantz, PRISM Board President: “Mr. Davis…has requested that I provide him with a variety of financial records. I have none of these nor was I involved in any
of the financial business of either the Council or PRISM. You will recall that filings with the Secretary of State required identifying a list of officers in order to qualify as a 501(c)(3) non-profit organization. Since I have never had access to a general ledger or any other records of either organization, I would appreciate you providing any or as much of the information that
Mr. Davis has requested…” The letter was returned undeliverable. Mr. Ellis has found a new address online and will forward the letter. He noted that new names and a president are listed, most of whom he does not recognize.
Mr. Lefebvre has known Mr. Ellis for twenty-three months. He finds it a shame and not right that Mr. Ellis has been called a criminal. He is a good and honest man, a man of character, and has volunteered his time on the Town Council for decades. He should be commended. This whole thing is a grand waste of time. Nothing is going to come of it. Mr. Lefebvre does not “believe for a second” that Mr. Ellis is a criminal or has engaged in criminal activities. It is terrible that he was called a criminal publicly.
Mr. Ellis noted that PRISM was created in 2002. Eight members from the Washington County Community were listed as directors. PRISM was separate from the WCRPC. One did not have anything to do with the other. Mr. Davis claims that the Town of Exeter’s annual funding was in the thousands of dollars. The Town of Exeter’s only paid its annual dues to the WCRPC, which were paid by each member’s community.
When he met with the Ethics Commission regarding the complaints filed against him by Mr. Davis, the following was discussed: how he was accused of being a criminal by Mr. Davis;
the complaints lodged against Council President Daniel Patterson and Director of Public Works Stephen Mattscheck by Mr. Davis; that, because he did not receive pay or a stipend as a director of the WCRPC, he did not realize he had to list himself as a director; that he should amend his filings (and was happy to do so); the dues paid by the Town to the WCRPC ($3,000.00 annually approved at Financial Town Meeting each year ) were membership dues and helped to fund the salaries of the executive director and the staff; that the job description of the executive director was to manage the WCRPC’s activities and finances and the staff worked with the executive director to achieve the WCRPC’s mission; that the WCRPC has not met since 2017; and that
Mr. Ellis did not have reason to recuse himself from discussion or votes concerning the WCRPC.
Mr. Ellis thanked Council for allowing him this time. He provided this and previous information in the hopes that it answers any questions. As far as he knows, the WCRPC is no more.
C. ADMINISTRATIVE CORRECTION: CONDITIONAL RESIGNATION AND REAPPOINTMENT OF REYNOLDS CHARITABLE TRUST MEMBER PAUL WARD IN ORDER TO CORRECT TERM OF OFFICE IN ACCORDANCE WITH TOWN CHARTER (SECTION 2-224): In accordance with the ordinance, the members’ terms should expire in three groups. Along, the way, because of resignations, appointment dates, and other administrative reasons, there are presently only two groups. If Mr. Ward resigns tonight and is immediately reappointed, that will leave his and another member’s terms expiring in 2025 and three expiring in 2023. In 2023, one of those members will be asked to resign and be re-appointed in order to create the three groups the ordinance calls for.
MOTION made by Mr. Andrews to accept Reynolds Charitable Trust Member Paul Ward’s resignation subject to his immediate reappointment; seconded by
Ms. DeFrancesco; and voted unanimously in the affirmative.
D. BOONE LAKE: ENFORCEMENT OF ORDINANCES: Two neighbors are disputing a speeding boat and have asked for enforcement of the ordinances by the Town. Attorney Marusak will look at the ordinances and the laws to determine if the Town has jurisdiction over the matter and can enforce.
A. USE OF AMERICAN RESCUE PLAN ACT FUNDS: The cost estimates have
not been received.
B. JULY COMMUNICATION NO 16: GOVERNOR MCKEE: RHODE ISLAND CAPITAL PROJECTS FUND: MULTIPURPOSE COMMUNITY FACILITIES MATCHING GRANT: Waiting on the State to make its decision.
C. 2022 – H 7023 SUBSTITUTE B, RELATING TO TOWNS AND CITIES – LOCAL PLANNING BOARD OR COMMISSION: It is left up to the Planning Board Members to be sure they acquire the required continuing education credits.
MOTION made by Ms. DeFrancesco to remove Agenda Item 10C (2022-H 7023 Substitute B, Relating to Towns and Cities – Local Planning Board or Commission) from the agenda; seconded by Mr. Andrews; and voted unanimously in the affirmative.
D. PLANNING BOARD’S AND ZONING BOARD OF REVIEW’S POLICIES AND PROCEDURES: The Planning Board is working on redrafting its policies and procedures.
E . DEPARTMENT OF PUBLIC WORKS: AWARDING OF: REQUEST FOR PROPOSALS: ENVIRONMENTAL ENGINEERING SERVICES: Three bids were duly received and opened. Director of Public Works Stephen Mattscheck has scored the bids and made his recommendation to Council. Mr. Mattscheck did not recommend the lowest bidder because the bid did not meet the specifications. Beta Group is experienced and will provide more deliverables than required.
MOTION made by Mr. Andrews to award Beta Group the bid for Environmental Engineering Services based on Director of Public Works Stephen Mattscheck’s recommendation; seconded by Mr. Lefebvre.
Discussion: Mr. Ellis asked the Clerk if the procedure for obtaining the bids was appropriate.
The Clerk answered in the affirmative, that they were properly advertised, received, and opened.
Back to the Motion: Voted unanimously in the affirmative.
F. SPLIT ROCK MOBILE PARK : REQUEST OF ELECTRICAL INSPECTOR RANDY McGOVERN TO OBTAIN ENGINEER’S REPORT AND REQUIRE VIOLATIONS TO BE CORRECTED TIMELY:
Electrical Inspector Randy McGovern has met with the Electrical Inspector and is satisfied
that the polls will be repaired or new ones installed.
G . ECONOMIC DEVELOPMENT TASK FORCE: LETTER FROM CHAIR REGARDING INACTIVE MEMBERS: A quorum was set earlier this evening
(Agenda Item No. 9A. The issue is resolved.
MOTION made by Ms. DeFrancesco to remove Agenda Item No. 10G (Economic Development Task Force: Letter from Chair Regarding Inactive Members) from
the agenda; seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
A. TOWN COUNCIL ASSISTANT’S REPORT: TOWN COUNCIL ASSISTANT, KENNETH G. FINDLAY: Mr. Findlay has been working on two requests for proposals
and several policies. He will bring the drafts to Council in a future work session.
B. SOLICITOR’S REPORT : JAMES P. MARUSAK, ESQ. : Attorney Marusak will be in Supreme Court tomorrow morning to argue the Estate Drive case. He will discuss Kayla Ricci Way and the Department of Environmental Manage Notice of Intent to Enforce in Executive Session.
C. REPORTS REMOVED FROM CONSENT AGENDA:
Transfer Station Attendant Sean McCarthy: Council had increased the permit fees. The Clerk, in a memo to Council, commended and thanked Mr. McCarthy for letting everyone visiting the Transfer Station know that the fees had increased, thereby saving the Clerk’s Office from explaining.
MOTION made by Mr. Ellis to send a letter of thanks to Transfer Station Attendant Sean McCarthy recognizing him for assisting with the permit increases; seconded by
Ms. DeFrancesco; and voted unanimously in the affirmative.
Animal Shelter Car Show: Held in September, the show was a huge success. There were more cars this year than in past years. The show was sponsored by the Friends of Exeter Animals. In excess of $2,000.00 was raised for the shelter. The Friends, a volunteer group, are commended for their continuing support of the shelter.
Tax Assessor Kerri Petrarca: Ms. Petrarca has been attending meetings with the League of Cities and Towns and working on legislation to introduce to mitigate taxation on solar projects.
Flags at Half Staff: Mr. Lefebvre would like the Clerk’s Office Building and Dispatch (next door to the Clerk’s Office Building) to coordinate to simultaneously fly the flags at half staff when ordered to do so. He has been driven by and found one to be at half staff and the other not.
The Clerk is notified by the State when the flag should be flown at half staff. So, too, should Dispatch be. The Clerk will advise Dispatch to get on the State’s notification list.
No. 4 09/06/2022 Asa Davis: Various concerns and suggestions regarding plans for Town Hall addition; suggestion to build new building at Library site, 773 Ten Rod Road: As it makes some interesting points, Mr. Ellis directed the Clerk to file a copy of this communication in the file for the proposed Town Hall addition.
No. 7 09/06/2022 Letter from Erin Ingebretsen, Chairperson and Gatekeeper, Boone Lake Dam Management District: Request for clarification: Who is responsible for enforcement of Town of Exeter Ordinances, Chapter 50 – Waterways, Article II, Boone Lake: Addressed previously this evening.
No. 14 09/20/2022 Reynold’s Charitable Trust Committee: Recommendations for Action, Invoice and Voucher Approval Forms: Addressed previously this evening.
MOTION made by Patterson to enter into Executive Session to discuss:
Current/Future Litigation, Kayla Ricci Way, Executive Session Agenda Item 14A4 [RIGL 42-46-5(a)(2)];
Potential Litigation/Investigative Matters, Department of Environmental Management Notice of Violations, Executive Session Agenda Items 14B1 and 14C1 [RIGL 42-46-5(a)(2) and (4)]; and
Personnel Issue, Department of Public Works, Executive Session Agenda Item 14D [RIGL 42-464, 42-46-5(a)(1), and 42-46-6(c)];
seconded by Mr. Lefebvre; and voted as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Calvin A. Ellis Yes
Olivia DeFrancesco Yes
Manny Andrews Yes
Motion passes.
Council entered into Executive Session at 8:34 p.m.
Council adjourned Executive Session at 9:40 p.m.
and reassembled in open session.
MOTION made by Mr. Patterson 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. Ellis to adjourn the meeting; seconded by Mr. Patterson;
and voted unanimously in the affirmative.
The Regular Meeting was adjourned at 9:21 p.m.
The next Regular Meeting of the Exeter Town Council is scheduled for
Monday, October 3, 2022, at 7:00 p.m.
Respectfully submitted,
Lynn M. Hawkins, CMC
Exeter Town Clerk
Approved: November 7, 2022