MINUTES
EXETER TOWN COUNCIL
REGULAR MEETING
SEPTEMBER 12, 2022
(Rescheduled from September 6, 2022)
Town Council Member Michael Lefebvre led Council and the Public in the Pledge of Allegiance.
The Regular Meeting of the Exeter Town
Council was called to order at 7:00 p.m., on Monday, September 12, 2022, in the Program Room, Exeter Public Library, 773 Ten Rod Road, Exeter, Rhode Island, after being rescheduled from September 6, 2022, by way of Resolution approved unanimously by the Town Council at Special Meeting, August 31, 2022.
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
Calvin Ellis, Council Member: As a result of recent public comments (calling Mr. Ellis a criminal) and submissions to the Ethics Commission, Mr. Ellis has met several times with the investigators at the Ethics Commission and has provided them much information and document-tation. He provided the Council members and the Clerk with packets containing copies of that information and documentation, which he paid for out of pocket. He showed a Staples receipt indicating same. Mr. Ellis asked the Clerk to add to the October agenda: Washington County Regional Planning Council: Status Report.
A. TRANSFER STATION PERMITS EXPIRE SEPTEMBER 30; NEW PERMITS FOR PERMIT PERIOD OCTOBER 1, 2022, TO SEPTEMBER 30, 2023, ARE AVAILABLE FOR PURCHASE AT THE TOWN CLERK’S OFFICE, VIA MAIL, DROP BOX, OR ONLINE; SEE TOWN WEBSITE FOR DETAILS: The Public was urged and reminded to purchase permits.
MOTION made by Mr. Ellis to approve the Agenda Order as presented;
seconded by Mr. Andrews; and voted unanimously in the affirmative.
A. REYNOLDS CHARITABLE TRUST: There was one voucher for Council’s consideration (Communication No. 19).
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 No. 15.
C. COMMUNICATIONS: Mr. Lefebvre removed Communication No. 22. Mr. Ellis removed Communication Nos. 3, 8, and 21.
D. SCHEDULE OF SEPTEMBER 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
F. APPROVAL OF MINUTES:
1. COUNCIL REGULAR MEETING, AUGUST 1, 2022
2. COUNCIL REGULAR MEETING EXECUTIVE SESSION, AUGUST 1, 2022
3. COUNCIL SPECIAL MEETING, AUGUST 31, 2022
MOTION made by Ms. DeFrancesco to approve the Consent Agenda; seconded by Mr. Andrews; and voted unanimously in the affirmative.
Mr. Lefebvre noted that Council’s Regular Meeting Minutes of August 1, 2022, did not reflect that resident, Asa Davis, in his Public Comment, called Councilman Ellis a criminal.
Mr. Lefebvre felt it important that the minutes reflect so and felt that such remark was defamation of Mr. Ellis’ character. Mr. Ellis noted that Council was given copies of the remarks, that he did not appreciate being called such, and that many of his friends and colleagues thought
the remarks an outrage.
A. VACANCIES:
1. PERSONNEL BOARD (5 MEMBERS NEEDED)
2. CONSERVATION COMMISSION (7 MEMBERS NEEDED)
B. RESIGNATIONS:
1. PUBLIC WORKS WORKER: TIMOTHY GREGSON:
MOTION made by Mr. Andrews to accept resignation of Timothy Gregson, Public Works Worker; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
MOTION made by Ms. DeFrancesco to post vacancy of Public Works Worker;
seconded by Mr. Ellis; and voted unanimously in the affirmative.
2. ANIMAL CONTROL ATTENDANT: CARRIE VALLEE:
MOTION made by Ms. DeFrancesco to accept resignation of Carrie Vallee, Animal Control Attendant; seconded by Mr. Andrews; and voted unanimously in the affirmative.
MOTION made by Mr. Andrews to post vacancy of Animal Control Attendant;
seconded by Ms. DeFrancesco.
Discussion: Animal Control Officer Deana Dolan asked if the vacancy could be advertised in the Standards. Vacancies are not usually advertised. Mr. Andrews amended his motion as follows:
MOTION AMENDED by Mr. Andrews to post vacancy of Animal Control Attendant and post it in The Standard Times; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
C. APPOINTMENTS:
1. JUVENILE HEARING BOARD MEMBERS (TWO NEEDED AS ALTERNATES FOR THREE-YEAR TERM 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/CLERK: Treasurer Maria Lawler and Board of Canvassers Chair Mary B. Hall have interviewed and recommend Jennifer Cunningham.
MOTION made by Mr. Lefebvre to appoint Jennifer Cunningham as Elections Administrator/Clerk; seconded by Ms. DeFrancesco.
Discussion: Ms. Cunningham will serve under a six-month trial period.
Back to the Motion: Voted unanimously in the affirmative.
4. LIBRARY BOARD OF TRUSTEES MEMBER: Council has one Letter of Interest from Esteban Beetar-Mestre (Communication No. 21).
MOTION made by Ms. DeFrancesco to appoint Esteban Beetar-Mestre as Library Board of Trustees Member for the ensuing term; seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
D. EXPIRING TERMS: There were no Expiring Terms.
A. 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 Mr. Andrews to open the Public Hearing; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
Mr. Gemma: Presented Council with traffic patterns and plans and thanked Council for its support the last two years. The displays started during Covid when he and his wife wondered how they could help the community during the holidays. They came up with the drive-through displays where families could stay in their cars and be safe. The displays have evolved, are significant in size, and are a lot of work, but is a benefit to the community and brings joy and happiness to the visitors. Donations received over the past two years have been approximately $110,000.00 and have been given to the Gloria Gemma Breast Cancer Foundation. Mr. Gemma and his wife are respectfully requesting Council for approval to continue.
Lengthy discussion ensued and is summarized as follows:
Not that she wanted to take donations from the Foundation donations, but Ms. DeFrancesco suggested that an Exeter Food Pantry box be put out. Mr. Gemma donated toys to the Town
last year, and would be happy to put a food donation box out.
Mr. Ellis read from Fire Marshal Sue Hawksley’s letter to Council: “…Fire Chief Scott Gavitt and I have received your request to comment on the request of Mr. Gemma for a Public Entertainment License…We wish to commend Mr. Gemma and his family for their generous civic awareness…As is always to be expected when large amounts of people and vehicles congregate in one area…the Exeter No. 1 Volunteer Fire Department has responded to some additional incidents in that area, including motor vehicle accidents. For this reason, while not against the request…the Fire Chief would like to meet with the relevant public safety officials prior to the October event to discuss suggestions for lessening possible vehicle accidents.”
Mr. Patterson, Mr. Gemma, and Interim Town Sergeant Scote Miller discussed traffic flow and patterns. Signage is posted but some drivers ignore the signs. Fire Chief Scott Gavitt suggested that Mr. Gemma contact the State Traffic Engineer for suggestions.
Mr. Andrews: Though it is a wonderful event and commendable, the displays pose serious public safety hazards. As an attorney and retired police officer, Mr. Andrews has many concerns. Mr. Andrews has spoken to Mr. Gemma. Route 102 is a State highway. It is not designed to accommodate the traffic the displays bring. Mr. Andrews did not believe the traffic plan developed by the previous Town Sergeant, William Donovan, is a valid plan according to the State Highway Safety Department. What experience did he have? What experience do the Town Constables have? They are not policemen. Mr. Andrews would want State Police controlling the traffic. Mr. Gemma noted that the State Police told him to contact the Town.
Mr. Andrews suggested that Mr. Gemma find another location, perhaps on Route 2.
Mr. Andrews is not in favor of approving the license. He suggested that the hearing be continued in order that himself, Mr. Gemma, Fire Chief Gavitt, Interim Town Sergeant Scote Miller, and a State Traffic Engineer could meet.
Mr. Ellis concurred with Mr. Andrews’ concerns, and suggested that, perhaps, as the Town now has a contract with the State Police, perhaps they could be contacted to help.
Mr. Lefebvre felt the displays were wonderful for kids and families, that the Town and Mr. Gemma are doing the best they can, that it is not the Town’s and Mr. Gemma’s responsibility to protect people by putting them in a “tissue box,” that everyone should
be realistic, and that he is in favor of approving the license.
Mr. Gemma did not know of any other town or city that required a permit for a Halloween display.
Mr. Patterson referred Mr. Gemma to Rhode Island Department of Transportation Constitutent Services and agreed with continuing the public hearing.
MOTION made by Mr. Lefebvre to continue the Public Hearing regarding Public Entertainment License Application of Anthony Gemma for his Holiday Displays to Council’s Regular Meeting of October 3, 2022; seconded by Mr. Andrews; and voted unanimously in the affirmative.
A. IT DIRECTOR, JAMES ANGI: TOWN EMAIL: Because they do not have Town emails, Council and some Town officials use their personal emails for Town business.
Mr. Lefebvre spoke to Mr. Angi about this being a possible issue; i.e., liability and archiving. Mr. Angi has provided Council a memo giving his opinion, recommendations, and costs.
The Ethics Commission advises against Town officials using their personal email.
MOTION made by Ms. DeFrancesco to direct IT Director James Angi to implement
Town email addresses for the Council and the Boards that do not currently have them starting with the next election cycle; seconded by Mr. Lefebvre.
Discussion: Council reviewed who has Town email, who does not, who should, and who should not, assignment and format of emails, and archiving of emails. Ms. DeFrancesco withdrew her motion and Mr. Lefebvre withdrew his second.
MOTION made by Mr. Andrews to direct IT Director James Angi to implement Town email addresses for each Member of Town Council, each Member and Alternate Member on the Boards, and the Zoning Inspector, starting with the next election cycle; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
B. DEPARTMENT OF PUBLIC WORKS: AWARDING OF: REQUEST FOR PROPOSALS: ENVIRONMENTAL ENGINEERING SERVICES: There was an advertising error in the Request for Proposal. This matter has been readvertised. Bids will be opened at the end of November. This matter is continued to next month’s agenda.
C. 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:
Council had voted to increase the fees. Diesel fuel prices have stagnated.
MOTION made by Mr. Lefebvre to leave the fees as is and review in three months; seconded by Ms. DeFranceso; and voted unanimously in the affirmative.
D. SPLIT ROCK MOBILE PARK : REQUEST OF ELECTRICAL INSPECTOR RANDY McGOVERN TO OBTAIN ENGINEER’S REPORT AND REQUIRE VIOLATIONS TO BE CORRECTED TIMELY: Council has Attorney Bogosian’s status letter to the Department of Business Regulations regarding the issues to be corrected: Six poles discussed in prior negotiations to be installed; four in September; two next month. Electrical Inspector Randy McGovern did not feel all items were addressed in Mr. Bogosian’s letter and requested a meeting with Split Rock’s electrical contractor who was going to install poles. Attorney Bogosian was surprised by Mr. McGovern’s request. Though he thought all the problems had been discussed and outlined in the agreement with the Department of Business Regulations, Mr. Bogosian will arrange the meeting, hopefully this month . This matter is continued to next month.
E. ECONOMIC DEVELOPMENT TASK FORCE: LETTER FROM CHAIR REGARDING INACTIVE MEMBERS: A couple of members have not attended meetings and are not responding to inquiries. As a result, Chair, Loren Thurn, has had difficulties with quorums for meetings, and thus, difficulties having meetings. Mr. Patterson inquired whether the members should be removed and the vacancies posted? Mr. Thurn answered in the affirmative. More people, more opinions. The last time someone resigned, the vacancy was advertised. There was no interest for quite some time. Mr. Andrews suggested that the number of board members be reduced so the quorum can be reduced. Mr. Thurn agreed. If the number were seven, it would help.
MOTION made by Mr. Ellis to place on next month’s Regular Meeting agenda, Economic Development Task Force: Establish a Quorum; seconded by Mr. Lefebvre.
Discussion: If Council establishes the maximum number of members, members will not be disenfranchised, vacancies will not have to be posted, and a quorum can be established.
Back to the Motion: Voted unanimously in the affirmative.
F. ADMINISTRATIVE CORRECTION: CONDITIONAL RESIGNATION AND REAPPOINTMENT OF PLANNING BOARD MEMBER MICHAEL DeFRANCESCO IN ORDER TO CORRECT TERM OF OFFICE IN ACCORDANCE WITH TOWN CHARTER (SECTION 701): In accordance with the ordinance, a Planning Board Member’s term is to expire each year. Along the way, because of resignations, appointment dates, and other administrative reasons, there is a gap. In 2023, two Planning Board Members’ terms expire. There is no one’s term expiring in 2022. To correct this issue, Planning Board Member, Michael DeFrancesco, has agreed to resign conditionally on his being immediately reappointed, now in 2022. If Council approves, Mr. DeFrancesco’s term will begin in 2022, thereby filling the gap in 2022, one other Member’s term will expire in 2023, and one each the following years.
MOTION made by Mr. Ellis to accept the willingness and resignation of Michael DeFrancesco, Planning Board Member, conditional upon his immediate reappointment
for a five-year term; seconded by Mr. Lefebvre; and voted as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Calvin A. Ellis Yes
Olivia DeFrancesco Recuse
Manuel Andrews Yes
Motion passes.
A. USE OF AMERICAN RESCUE PLAN ACT FUNDS: The architect has not yet provided a proposal for the Town Hall Addition. Once received, Council will consider the addition versus other alternatives.
B. STATUS OF CLOSURE: F&G SALVAGE CO., INC., 530 NOOSENECK HILL ROAD: Zoning Inspector Hal Morgan reports that the business has been cleaned up.
MOTION made by Mr. Patterson to remove Agenda Item No. 10B (Status of Closure: F&G Salvage Co., Inc., 530 Nooseneck Hill Road) from the agenda; seconded by Mr. Andrews; and voted unanimously in the affirmative.
C. TAX ASSESSOR’S DEPARTMENT: AWARDING OF BID FOR REQUESTS FOR PROPOSALS: STATISTICAL REAPPRAISAL AND REVALUATION:
Tax Assessor Kerri Petrarca has reviewed the bids received. As it will use the current database and applications, Ms. Petrarca recommends that the bid be awarded to Vision Government Solutions, Option 1.
MOTION made by Mr. Lefebvre to award Vision Government Solutions, Option 1, for the Statistical Reappraisal and Revaluation in the amount of $57,700.00; seconded by Mr. Ellis.
Discussion: Council thanked Ms. Petrarca for her due diligence. Vision has been used by the Town for some time. Ms. Petrarca has worked with them.
Back to the Motion: Voted unanimously in the affirmative.
D. JULY COMMUNICATION NO 16: GOVERNOR MCKEE: RHODE ISLAND CAPITAL PROJECTS FUND: MULTIPURPOSE COMMUNITY FACILITIES MATCHING GRANT: The Town’s request is being reviewed and moving forward.
E. HOUSE BILL 2022 – H 8220 SUBSTITUTE A, AN ACT RELATING TO TAXATION – LEVY AND ASSESSMENT OF LOCAL TAXES: This bill speaks to levy and assessment of local taxation on solar. Council directed the Clerk to write the League of Cities and Towns. Executive Director, Ernest Almonte, who responded: “The League testified against this legislation, but it did become law…we [the League] have been in communication with a group representing most developers of solar energy on draft legislation to address the new law. We are planning to discuss and research information so that we can propose new legislation for the upcoming legislative session. Please provide any information that you feel will be helpful…” Council’s letter was circulated to the State’s cities and towns who have commended Exeter for its initiative to get litigation adopted to mitigate the affects of last year’s legislation.
MOTION made by Mr. Patterson to remove Agenda Item No. 10E (House Bill 2022 – H 8220 Substitute A, An Act Relating to Taxation – Levy and Assessment of Local Taxes) from the agenda; seconded by Mr. Andrews; and voted unanimously in the affirmative.
F. 2022 – H 7023 SUBSTITUTE B, RELATING TO TOWNS AND CITIES – LOCAL PLANNING BOARD OR COMMISSION: This bill requires Planning Board Members to obtain continuing education credits. The Planning Board is waiting for the State to advise on how, where, and when to earn them.
G. PLANNING BOARD’S AND ZONING BOARD OF REVIEW’S POLICIES AND PROCEDURES: Council Assistant Kenneth Findlay is working on updated drafts.
A. TOWN COUNCIL ASSISTANT’S REPORT: Town Council Assistant,
Kenneth G. Findlay: Mr. Findlay has been reviewing the Planning Board’s policies, the email policy with IT Director James Angi, and request for proposals for a new phone system and an emergency management plan.
B. SOLICITOR’S REPORT : James P. Marusak, Esq. : Attorney Marusak will discuss Agenda Items 14A5 (RI Grows), A6 (Kayla Ricci Way), and B1 and E1 (Department of Environmental Management Notice to Enforce).
C. REPORTS REMOVED FROM CONSENT AGENDA:
Report No. 15, Exeter-West Greenwich School District: School opened with a full staff.
Mr. Ellis requested that his Public Comment this evening be included in the minutes for this meeting.
Mr. Lefebvre asked whether a response has been received from Zarella Plumbing & Heating regarding negotiating the first year of service for the Library. The Clerk has inquired several times. She will contact them again.
No. 3 08/04/2022 Email from Lori Hauser requesting reappointment to the Juvenile
Hearing Board: This communication will be placed on next month’s agenda for request for reappointment.
No. 8 08/09/2022 Senator Whitehouse’s Office: Senate passage of the Inflation
Reduction Act to lower energy and health care costs for Rhode Islanders and bend emissions curve: No discussion,
No. 21 08/24/2022 Letter of Interest from Esteban Beetar-Mestre requesting
appointment to the vacation position on the Library Board of Trustees:
Addressed previously this evening.
No. 22 08/29/2022 Letter of Interest and Curriculum Vitae from Scott Kettelle
requesting appointment to Comprehensive Plan Advisory Committee: Council acknowledged Mr. Kettelle’s request. Though his request was received too late for appointment as a member of the committee, Council invited Mr. Kettelle to attend the Committee’s upcoming meetings and workshops. His participation would be welcomed.
Letter received from Carolyn St. Lawrence: Mr. Lefebvre noted that Ms. St. Lawrence, a resident, was spoken to very rudely by a Department of Public Works Worker. He yelled and screamed at her. “Slow the [blank] down.” Mr. Lefebvre asked that Director of Public Works Stephen Mattscheck speak to the employee regarding proper behavior. Mr. Mattscheck has disciplined the employee in accordance with the Union contract. Mr. Patterson has spoken to the employee.
Council took a brief recess before entering into Executive Session.
MOTION made by Patterson to enter into Executive Session to discuss:
Current/Future Litigation, RI Grows and Kayla Ricci Way, Executive Session Agenda Items 14A5 and 14A6 [RIGL 42-46-5(a)(2)];
Potential Litigation/Investigative Matters, Department of Environmental Management Notice of Violations, Executive Session Agenda Items 14B1
and 14E1 [RIGL 42-46-5(a)(2) and (4)];
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 9:04 p.m.
Council adjourned Executive Session at 9:21 p.m.
and reassembled in 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 adjourn the meeting; seconded by Mr. Andrews;
and voted unanimously in the affirmative.
The Regular Meeting was adjourned at 9:40 p.m.
The next Regular Meeting of the Exeter Town Council is scheduled for
Monday, November 7, 2022, at 7:00 p.m.
Respectfully submitted,
Lynn M. Hawkins, CMC
Exeter Town Clerk
Approved: November 7, 2022