EXETER TOWN COUNCIL
REGULAR MEETING
AUGUST 7, 2023
Town Council Vice President 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 7:02 p.m., on Monday, August 7, 2023, in Council Chambers,
Exeter Clerk’s Office, 675 Ten Rod Road, Exeter, Rhode Island.
Roll Call: Daniel W. Patterson Present
Michael A. Lefebvre Present
Diane Bampton-Allen Present
Calvin A. Ellis Present
Olivia DeFrancesco Present
Also Present: Also Present: James P. Marusak, Esq., Town Solicitor
Lynn M. Hawkins, Town Clerk
Kenneth G. Findlay, Council Assistant
Town Council Special Meeting, August 16, 2023, 2:00 p.m., Council Chambers,
Exeter Clerk’s Office, 675 Ten Rod Road: Representatives from the Rhode Island
Departments of Health and Environmental Management will attend to discuss elevated
levels of PFAS (per- and polyfluoroalkyl substances) found in the drinking water at
the Ladd Center and Carousel Industries. Information can be found on the Town’s website.
Tax Assessor Kerri Petrarca is present regarding Agenda Item 10L. She has another commitment this evening to attend to.
MOTION made by Mr. Ellis to approve the Agenda Order with the exception
of moving Agenda Item 10L to the beginning of New Business; seconded by
Ms. DeFrancesco; and voted unanimously in the affirmative.
A. REYNOLDS CHARITABLE TRUST:
There was nothing from Reynolds 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
Mr. Lefebvre removed Nos. 3 and 4. Mr. Ellis removed Nos. 5 and 12.
Ms. DeFrancesco removed No. 11.
C. COMMUNICATIONS:
Mr. Lefebvre removed Nos. 4 and 13.
Mr. Ellis removed Nos. 8 and 14.
D. SCHEDULE OF AUGUST 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 Collector’s Remittances or Abatements.
1. COUNCIL REGULAR MEETING, JUNE 5, 2023
2. COUNCIL REGULAR MEETING EXECUTIVE SESSION, JUNE 5, 2023
3. COUNCIL REGULAR MEETING, JULY 10, 2023
4. COUNCIL REGULAR MEETING EXECUTIVE SESSION, JULY 10, 2023
5. COUNCIL SPECIAL MEETING, JULY 17, 2023
The minutes were removed.
MOTION made by Mr. Ellis to approve the Consent Agenda as amended;
seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Diane Bampton-Allen Yes
Calvin A. Ellis Abstain – Absent from meeting
Olivia DeFrancesco Abstain – Absent from meeting
Motion passes.
MOTION made by Mr. Ellis to approve Council Regular Meeting Minutes and Executive Session Minutes of July 10, 2023; seconded by Ms. Allen; and voted unanimously in the
affirmative.
MOTION made by Mr. Ellis to approve the Special Meeting Minutes of July 17, 2023; seconded by Ms. Allen; and voted as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre Abstain – Absent from meeting
Diane Bampton-Allen Yes
Calvin A. Ellis Yes
Olivia DeFrancesco Abstain – Absent from meeting
Motion passes.
A. VACANCIES:
1. PERSONNEL BOARD (5 MEMBERS NEEDED): Letters of interest received
are being held. Once five are received, this Board will be activated. These vacancies
will continue to post.
2. CONSERVATION COMMISSION (7 MEMBERS NEEDED): Letters of
interest received are being held. Once seven are received, this Board and Commission
will be activated. These vacancies will continue to post.
B. RESIGNATIONS: There were no Resignations for Council’s consideration.
C. APPOINTMENTS:
1. JUVENILE HEARING BOARD ALTERNATE MEMBER (TO SERVE
THREE-YEAR TERM BEGINNING DATE OF APPOINTMENT):
No letters of interest have been received. This vacancy will continue to post.
2. EXETER RURAL LAND PRESERVATION TRUST COMMITTEE
MEMBER (TO SERVE FOUR-YEAR TERM BEGINNING DATE
OF APPOINTMENT): No letters of interest have been received.
This vacancy will continue to post.
3. WOOD-PAWCATUCK WILD AND SCENIC RIVERS STEWARDSHIP
COUNCIL ALTERNATE MEMBER: No letters of interest have been received.
This vacancy will continue to post.
4. LIBRARY BOARD OF TRUSTEES MEMBER (TO SERVE THREE-
YEAR TERM BEGINNING DATE OF APPOINTMENT): No letters of
interest have been received. This vacancy will continue to post.
5. BOARD OF CANVASSERS ALTERNATE MEMBER (TO SERVE
UNEXPIRED TERM ENDING MAY 3, 2027): The Republican Town
Committee continues to seek a candidate.
6. ZONING BOARD OF REVIEW ALTERNATE MEMBER (TO SERVE
FIVE-YEAR TERM BEGINNING DATE OF APPOINTMENT): Council
has Stephen Sovet’s letter of interest (Communication No. 8).
MOTION made by Mr. Ellis to appoint Stephen Sovet as Zoning Board
of Review Alternate Member to serve the ensuing term; seconded by
Ms. DeFrancesco; and voted unanimously in the affirmative.
7. PUBLIC WORKS WORKER: Public Works Director Robert Shappy recommends Timothy Gregson. Mr. Gregson worked for the Town for approximately a year and a half, resigned to work for the Rhode Island Department of Transportation, and now wishes to
come back to work for the Town.
MOTION made by Mr. Ellis to appoint Timothy Gregson as Public Works Worker;
seconded by Ms. Allen.
Discussion: Mr. Gregson interviewed for the Public Works Superintendent position but did
not have the required managerial experience, but was told about this position and applied
for it. Mr. Ellis noted that Mr. Shappy indicates that Mr. Gregson’s past performance was
exceptional and that he has the skill set needed in Public Works. Mr. Lefebvre does not know Mr. Gregson, so has nothing against him, but because Mr. Lefebvre spoke to someone he considers a good source, who gave Mr. Gregson a not-so-glowing recommendation, he will
not support Mr. Shappy’s recommendation. Mr. Shappy indicated that Mr. Gregson never
did anything untoward in his prior employment with the Town.
Back to the Motion: Voted as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre No
Diane Bampton-Allen Yes
Calvin A. Ellis Yes
Olivia DeFrancesco Yes
Motion passes
D. EXPIRING TERMS:
1. ZONING BOARD OF REVIEW MEMBER: TIMOTHY ROBERTSON
(TERM ENDING AUGUST 1, 2023): Mr. Robertson wishes to be reappointed
(September Communication No. 3). As his letter came in after the Agenda was
posted, Council will consider it at its September meeting.
A. CLASS F1, SPECIAL ONE DAY EVENT, LIQUOR LICENSE APPLICATION:
MATT RICHARDSON, OWNER/APPLICANT, TILTED BARN BREWERY, ONE HELMSLEY PLACE, EXETER, RHODE ISLAND:
MOTION made by Mr. Patterson to open the Public Hearing and as the Exeter Liquor Licensing Board; seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
Matt Richardson: This event was held for the first time last year and served as a belated grand opening for a new building. Other breweries will be invited to come and pour their beers. As a brewery, Tilted Barn does not have a liquor license, and is allowed to sell and pour only what
it makes. The one-day liquor license will allow the other breweries to participate. Three hundred people attended last year. It went smoothly and was a huge success. They would like
to make it an annual event to celebrate their customers, the business, and the end of Summer
and beginning of Fall. They picked a local family in need last year to donate to from the proceeds. (They broke even.) This year, they have chosen the Exeter Volunteer Fire Departments in recognition of their hard work fighting the wildfire this past April.
Council agreed: Mr. Richardson has created a very nice, warm, friendly, community facility and experience.
The Clerk reported: Mr. Richardson has met all requirements and owes $150.00 in advertising
fees.
MOTION made by Mr. Patterson to close the Public Hearing and as the Exeter Liquor
Licensing Board; seconded by Ms. Allen; and voted unanimously in the affirmative.
MOTION made by Ms. DeFrancesco to approve a Class F1, Special One Day Event, Liquor License to Matt Richardson, Owner/Applicant, Tilted Barn Brewery, One
Helmsley Place, as presented in his application, subject to fees owing being paid;
seconded by Ms. Allen; and voted unanimously in the affirmative.
B. OUTDOOR ENTERTAINMENT LICENSE: FRIENDS OF THE EXETER
PUBLIC LIBRARY, APPLICANT: TO HOLD ANNUAL FUNDRAISER, “EXETER FALL FESTIVAL,” TO BENEFIT THE EXETER PUBLIC LIBRARY, SATURDAY, SEPTEMBER 23, 2023, FROM 10:00 A.M. TO 3:00 P.M., AT THE YAWGOO VALLEY SKI AREA, 160 YAWGOO VALLEY ROAD, EXETER, RHODE ISLAND, TO INCLUDE MUSIC, ARTISANS, VENDORS, AND FAMILY ENTERTAINMENT:
MOTION made by Patterson to open the Public Hearing; seconded by Mr. Lefebvre;
and voted unanimously in the affirmative.
Helen Douglas: The event will be the same as in previous years with a magician, kids
games, pumpkin painting, etc. It is their biggest fundraiser for the Library. They
appreciate Yawgoo hosting it. She asked that Council waive the application fee.
Ms. Allen has attended. It is a great event. Mr. Ellis noted that Ms. Douglas has chaired
the Friends of the Exeter Public Library for 24 years and continues to raise funds for the
Library.
The Clerk reported: Ms. Douglas has met all requirements and owes $202.29 in advertising
and certified mailing fees.
MOTION made by Mr. Lefebvre to close the Public Hearing; seconded by
Ms. DeFrancesco; and voted unanimously in the affirmative.
MOTION made by Mr. Ellis to approve Outdoor Entertainment License to the
Friends of the Exeter Public Library as presented in its application and to waive
the application fee, subject to all fees owing being paid; seconded by Ms. Allen;
and voted unanimously in the affirmative.
Virginia Howard: There is a building project at 279 Liberty Road that is not permitted.
A trailer that was there was demolished without a permit. She contacted Building Inspector
Ron DeFrancesco on July 13, 2023, to discuss the lack of permits and the cesspool there.
State regulation requires individuals in use of an existing cesspool to upgrade the system
and obtain an approved a ISDS for a new system before permits are issued. She has since learned that on July 14, 2023, a building permit, 23-284, was issued to approve the
demolition of the trailer, pour a foundation, and build a new two-bed, one-bath residential
home. The property currently does not meet State regulation and the Town has approved
a building permit. She wants to make sure her neighbor is following all regulations and requested that Council take this matter under review. She submitted a letter for the record.
Asa Davis: 1) Per the Department of Health, the contamination at the Ladd Center and Carousel Industries are different. There are likely from two different sources. The gas plant
can be ruled out. That leaves the Town Garage, already under scrutiny. The Council sprang
into action when solar threatened the Town’s safety. This is different. This is real, not imaginary. Ladd levels are almost five times over safe drinking levels. PFAS is a forever chemical. It accumulates and does not break down in the body or environment. Water
flows down towards Deerbrook, Pine View, and more. North Kingstown and the Attorney General have lawsuits concerning PFAS. The Town should do testing. Results would help
the DOH with source, size, direction, and speed; 2) Regarding Agenda Item No. 9F, deliberate carefully. The bid was for juvenile plants not seedlings. The bid is non-compliant; 3) Regarding Town emails, by State statute, the Town is responsible for retention, preservation, and production of official records however they are generated, including emails on personal accounts if used for Town business. When officials or staff leave, they should be turning over records.
Timothy Burke: Mr. Burke is very concerned about the contaminated water at the Ladd Center and it running into the groundwater. His wife has had cancer twice and he does not want to go through it again. He hopes the contamination is not from foam use at the Fire Academy. This
is nothing to play with. Will the Town test around the area?
As voted under Agenda Item No.4, Council moved to Agenda Item No. 10L.
A. DEPARTMENT OF PUBLIC WORKS: AWARDING OF BID: REPLACEMENT OF VIKING PROLINE ALL SEASON DUMP BODY MODEL PL1011SD: One bid
was duly received and opened. Council has Director of Public Works Robert Shappy’s recommendation. The truck is $411,000.00 to replace. Public Works will remove the old
body and then send the truck to be fitted with the new body.
MOTION made by Mr. Ellis to award Viking Gives USA the bid for Replacement of Viking Proline All Season Dump Body Model PL11011SD, in the amount of $54,463.00,
as recommended by Public Works Director Robert Shappy; seconded by Ms. DeFrancesco.
Discussion: The body is a side dump. The hinges are broken. It is a great truck, except
that the bed has rotted.
Back to the Motion: Voted unanimously in the affirmative.
B. DEPARTMENT OF PUBLIC WORKS: AWARDING OF BID: REPLACEMENT OF 2007 4X4 F350 SERVICE TRUCK: One bid was duly received and opened. Council
has Director of Public Works Robert Shappy’s recommendation. A bid was awarded to Flood Ford a couple of years ago for this replacement. The truck never came available. This bid is
for the same truck, but gas. Expected delivery would be February. The bid came in less than expected. Flood Ford is honoring its offer from two years ago of $6,000.00 for the trade-in.
MOTION made by Mr. Ellis to award Flood Ford the bid for Replacement of 2007 4x4 F350 Service Truck with trade in, in the amount of $82,658.62, as recommended by Public Works Director Robert Shappy; seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
C. DEPARTMENT OF PUBLIC WORKS: AWARDING OF BID: 70’-75’ FORESTRY BUCKET TRUCK: One bid was duly received and opened. Council has Director of Public Works Robert Shappy’s recommendation. Public Works had this truck on loan for three weeks.
Davis Tree and Bristol have the truck, love it, and have had no problems. The truck is needed
to take down dead trees on Town property, especially along roads. Altec recommends a safety feature, which Mr. Shappy also recommends.
MOTION made by Mr. Ellis to award Altec, Inc., the bid for 75’ Forestry Bucket Truck, including the safety feature, for a total amount of $252,481.00, as recommended by Public Works Director Robert Shappy; seconded by Ms. Allen.
Discussion: The truck will be paid for with American Recovery Act Funds. The cost is much less than anticipated.
Back to the Motion: Voted unanimously in the affirmative.
D. DEPARTMENT OF PUBLIC WORKS: AWARDING OF BID: TWO 40-YARD RECEIVER CONTAINERS: Three bids were duly received and opened. Council has Director of Public Works Robert Shappy’s recommendation. The containers are for the
packer at the Transfer Station. The current containers are ancient, have paper thin bottoms,
and have been repaired multiple times by Public Works. It is impossible to extend their life
any longer. For just a little extra, Mr. Shappy recommends purchasing the heavy duty
containers ($26,400.00) rather than the light duty containers ($23,800.00). The heavy
duty last longer than the light duty, approximately ten years more.
MOTION made by Ms. Allen to award bid to RI Container Products for two of their heavy
duty 40-yard receiver containers in the amount of $26,400.00, as recommended by Public Works Director Robert Shappy; seconded by Mr. Ellis; and voted unanimously in the affirmative.
E. DEPARTMENT OF PUBLIC WORKS: AWARDING OF BID: 40’ X 8’ STORAGE CONTAINER: Three bids were duly received and opened. Council has Director of Public Works Robert Shappy’s recommendation. The recommended unit is refurbished. It is much
less than the other bids, but still is guaranteed a full life. Mr. Shappy recommends one with
a resin floor, for an extra $1,000.00. It will last longer than a painted floor,
MOTION made by Ms. Allen to award bid to Mini Warehousing, Inc., for 40’x8’ refurbished, resin floor, storage container, in the amount of $6,000.00, as recommended
by Public Works Director Robert Shappy; seconded by Mr. Ellis; and voted unanimously in the affirmative.
F. DEPARTMENT OF PUBLIC WORKS: AWARDING OF BID: PLANTS, TREES, EVERGREENS, BUSHES: One bid was duly received and opened. This bid will be held
until which time Council knows exactly how many plants and what sizes will be needed at the Public Works Garage.
G. DEPARTMENT OF PUBLIC WORKS: REQUEST TO GO OUT TO BID: SOLID WASTE AND RECYCLYING HAULING: The current contract expires in September.
MOTION made by Mr. Patterson to allow Public Works to go out to bid for Solid Waste and Recycling Hauling, with change to specifications to indicate trucks be no older than 1998; seconded by Ms. Allen; and voted unanimously in the affirmative.
H. PUBLIC WORKS DEPARTMENT: REQUEST TO GO OUT TO BID: FOG SEAL USING ASPHALT EMULSIONS: Public Works Director Robert Shappy learned about fog seal at a pavement preservation seminar. It is a step applied to new asphalt, a couple years old, to keep it from degrading. It binds small aggregates, making a smooth ride on the road. It locks the asphalt for longevity. It keeps water on top of the asphalt, so it does not penetrate and cause cracks or potholes.
MOTION made by Ms. DeFrancesco to allow Public Works to go out to bid for Fog
Seal Using Asphalt Emulsions; seconded by Mr. Lefebvre; and voted unanimously
in the affirmative.
I. PUBLIC WORKS DEPARTMENT: REQUEST FOR APPROVAL: PAVEMENT PRESERVATION MANAGEMENT AGREEMENT: Funds for preservation management were approved at the Financial Town Meeting. The Agreement is with Beta Group, Inc.
Foster is using the program. Legislation has been approved wherein Exeter has been awarded $400,000.00 this year and the same next year. It can be used on existing capital improvement
plans. It will allow some roads slated for chip seal to be upgraded to asphalt.
MOTION made by Mr. Patterson to approve Pavement Preservation Management
Agreement with Beta Group, Inc.; seconded by Mr. Lefebvre; and voted unanimously
in the affirmative.
J. EXETER PUBLIC LIBRARY: REQUEST TO GO OUT TO BID: CARPET REPLACEMENT: The carpet replacement will be paid for with Champlin grant funds.
MOTION made by Mr. Lefebvre to allow the Exeter Public Library to go out to bid
for Carpet Replacement; seconded by Ms. DeFrancesco; and voted unanimously in
the affirmative.
K. EXETER PUBLIC LIBRARY: REQUEST TO GO OUT TO BID: AUTOMATIC DOOR OPENERS: The automatic door openers will be purchased with funds from the Sherlock Center for Disabilities. The Library Board will pay for the installation.
MOTION made by Mr. Lefebvre to allow the Exeter Public Library to go out to bid for Automatic Door Openers; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
L. REQUEST OF TOWN SERGEANT’S OFFICE: INCREASE IN DETAIL RATES:
MOTION made by Mr. Ellis to approve increase in detail rates as requested by Town
Sergeant Scote Miller; seconded by Ms. DeFrancesco.
Discussion: It has been five years since the last increase. The request is to increase detail rates by $2.00 per hour. The increase will keep Exeter competitive with surrounding towns. Sergeant Miller does not want to lose his constables to higher paying towns. Details are paid by the vendor that hires the Town. Constables are paid by the vendor. If the constables use a Town vehicle, a percentage is put in Exeter’s Vehicle Replacement Fund.
Back to the Motion: Voted unanimously in the affirmative.
M. TOWN OF EXETER AND TOWN OF WEST GREENWICH AND EXETER WEST
GREENWICH REGIONAL SCHOOL DISTRICT: JOINT RESOLUTION IN SUPPORT OF CLARIFYING SECTION 5E OF PUBLIC LAWS 1965, CHAPTER 80, APPROVING AND RATIFYING THE AGREEMENT BETWEEN THE TOWNS OF EXETER AND WEST GREENWICH, RHODE ISLAND, WITH RESPECT TO THE FORMATION
OF A REGIONAL SCHOOL DISTRICT WITH AMENDMENTS INCORPORATED THEREIN: This proposed resolution is presented by the Exeter-West Greenwich Regional School District. The Solicitor for West Greenwich has favorably endorsed it. The resolution asks all parties to agree outside of the language of the Charter to an agreed solution as to how
the parties will construe an instance like that which happened a couple of years ago. At that time, the budget failed to pass. Both State law and the Charter say that if a budget fails to pass, there are a certain number of days to call a new referendum to try to pass an amended budget. Then, if that fails, State law says that the Towns pay the same amounts they paid on the last approved budget, even if the child count has changed. The District sued the Town because
the Town would not pay the child increase for that year because the budget failed, the Town
filed a counterclaim, and ultimately a mutual dismissal was filed. The District understood that the Town did not owe the money according to State law. It is now asking that the Towns agree to pay the student changes even if the budget does not pass. Attorney Marusak suggested that Council review his counterclaim filed during the suit, which he will forward, before Council
acts on this resolution. This matter will be continued to Unfinished Business next month.
N. JUNE COMMUNICATION NO. 20: POTENTIAL CEA ZONING AMENDMENT
VIOLATIONS: The communication raises issues regarding this amendment, especially with respect to taxation. The communication was referred to Attorney Marusak for his review,
comment, and suggestions.
A. USE OF AMERICAN RESCUE PLAN ACT FUNDS: POSSIBLE BUILD OF NEW TOWN HALL V. POSSIBLE PURCHASE OF 742 TEN ROD ROAD: This agenda item will be discussed in Executive Session.
B. JULY 2022 COMMUNICATION NO 16: GOVERNOR MCKEE: RHODE
ISLAND CAPITAL PROJECTS FUND: MULTI-PURPOSE COMMUNITY FACILITIES MATCHING GRANT: The Town was awarded the amount it requested.
The application for the grant indicated that the community facility would be located in an
addition to the Clerk’s Office Building. As Council is considering the purchase of 742
Ten Rod Road, Town Treasurer Maria Lawler has inquired whether the grant could be
applied to another address. She has not received an answer.
C. SPLIT ROCK MOBILE PARK: 1) REQUEST OF ELECTRICAL INSPECTOR RANDY McGOVERN TO OBTAIN ENGINEER’S REPORT AND REQUIRE VIOLATIONS TO BE CORRECTED TIMELY; 2) TRAILER PARK LICENSE
RENEWAL APPLICATION: SPLIT ROCK MOBILE PARK, 480 SOUTH COUNTY TRAIL: Council had given the owner until the end of August to complete the work. The electric poles are on site but have not been installed. Some potholes have been filled in.
D. TOWN OF EXETER CODE OF ORDINANCES; CHAPTER 14, BUILDINGS
AND BUILDING REGULATIONS; ARTICLE IV, IMPACT FEES: Attorney Marusak
will review recent information received from the consultant.
E. TOWN EMAILS AND RECORDS: OFFICIALS, STAFF, BOARDS, AND
COMMISSIONS: Some members still have not signed up for town emails. The Clerk
will write them again with direction from the Council to do so, explaining that personal
emails used for Town business become public record, per the Attorney General.
F. HISTORIC PRESERVATION: WOODY HILL AND HALL SCHOOLS:
Council Assistant Kenneth Findlay has the specifications written. Request to go out
to bid will be put on Council’s September agenda. The Invitation to Bid will include
restoration of the Old Town Hall.
G. DIRECTOR OF PUBLIC WORKS: REQUEST FOR GUIDANCE: INCIDENT
AT 5 WEST SHORE DRIVE: The legal issues regarding this matter are being reviewed.
One of the problems is that there is not an as-built survey. Abutter, John Mitchell, was present and provided Council with a survey done in 2016 for Zoning when he had a shed close to the line, which will be very helpful in assessing this matter. The Clerk will have copies made
and return the original to Mr. Mitchell.
H. AWARDING OF BID: TOWN HALL ARCHITECTURAL SERVICES: One
bid was duly received and opened and is being held until Council makes a determination
of whether to buy a building, build a building, or add on to the existing building.
I. NEW LEGISLATION: CHANGES TO LOW-MOD ACT, COMPREHENSIVE
PLANNING ACT, ZONING ENABLING ACT, AND LAND DEVELOPMENT AND SUBDIVISION ACT: The new legislation requires many changes to the ordinances in a very short time, by January 2024. Council has a memo from Town Planner William DePasquale, outlining all that needs to be done, and his suggestions, specifically that he will need legal assistance and guidance. Attorney Marusak suggested that Council consider engaging Karen Ellsworth, Esq., Richmond Solicitor, who is revising Richmond’s ordinances in accordance with the new legislation. It is a legal service, thus does not need to go out for Request for Proposals, and is an emergency situation, given the short amount of time to do all the work required.
MOTION made by Mr. Ellis to authorize Town Solicitor James Marusak to contact
Karen Ellsworth, Esq., to request a proposal; seconded by Ms. DeFrancesco; and
voted unanimously in the affirmative.
Attorney Marusak will obtain the proposal in time for Council’s Special Meeting on August 16, 2023.
J. PUBLIC ACCESS: ZONING CERTIFICATES/LETTERS: The certificates are currently scanned to the Zoning Clerk, who prints them and puts them in a file by year and
in application files, if applicable. They can be obtained through a records request or stopping
by. Ms. DeFrancesco would like to see them accessible online. The Clerk will contact IT Director James Angi to determine if our website can serve as a repository.
K. EXETER CLERK’S OFFICE BUILDING, SECOND FLOOR: SOUNDPROOFING:
The upstairs staff do not want a soundproofing wall. It would make the space claustrophobic.
MOTION made by Mr. Lefebvre to remove Agenda Item No. 10K from the Agenda;
seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
L. JULY COMMUNICATION NO. 16: LETTER FROM JENNIFER DAME:
REQUEST FOR RE-EVALUATION OF THE INCOME GUIDELINES FOR THE
TAX EXEMPTION FOR LOW-TO-MODERATE INCOME HOUSING: Ms. Dame
believes the schedule should be adjusted to reflect current inflation rates. Council has Tax Assessor Kerri Petrarca’s memo. Ms. Petrarca reached out to all 39 cities and towns to see
if they adjusted their exemptions. Only Exeter allows this exemption, so she could not
compare our ordinance with any others. Rhode Island Housing did not have a suggestion, indicating it is up to the cities and towns. To be fair, if the low-income exemption is modified, so too should the elderly and disabled exemptions be adjusted. If Council chooses to make these changes to the ordinance, she would like the deadlines for the forms to be changed.
MOTION made by Mr. Ellis to write Ms. Dame to indicate that Council addressed her concerns, that it is a complex issue, that the ordinance would have to be changed, and
that Council will take under advisement the question of adjusting the exemption rates; seconded by Mr. Lefebvre.
Discussion: If the changes are made, how will the decrease in taxes be made up and what
will the adjustments do the Town budget? Ms. Petrarca will provide Council another memo outlining the date changes and the changes to the low income, elderly, and disabled exemptions discussed tonight.
Back to the Motion: Voted unanimously in the affirmative.
Council moved to Agenda Item No. 9A and resumed the normal order of the Agenda.
A. TOWN COUNCIL ASSISTANT’S REPORT: TOWN COUNCIL ASSISTANT, KENNETH G. FINDLAY: Mr. Findlay has been helping Emergency Management
Director Dori Boardman draft memoranda of agreements with West Greenwich, writing
the specifications to go out to bid for restoration of Woody Hill and Hall Schools and
the Old Town Hall, and reviewing policies.
B. SOLICITOR’S REPORT : JAMES P. MARUSAK, ESQ. : Attorney Marusak
announced that the Superior Court ruled in favor of the Town relative to one of the Green
Development lawsuits. He will discuss purchase of 742 Ten Rod Road in Executive Session.
C. REPORTS REMOVED FROM CONSENT AGENDA:
Tax Assessor: All residential, commercial, business, and personal property appeal applications must be submitted by the deadline, Friday, December 15, 2023.
Tax Collector: Payments for First Quarter, 2023 tax bill, are due by September 15, 2023,
to avoid penalties. The next tax sale list is being compiled. If taxpayers have outstanding
2022 taxes, now is the time to clear up those balances.
Town Planner: Addressed previously this evening (Agenda Item No. 10I).
Emergency Management: Director, Dori Boardman, has received a Certificate of Completion from the National Emergency Management Basic Academy.
Social Services: School supplies are being accepted for the Back to School Supply Drive. Items can be dropped off at Town Hall or the Library and be distributed August 19, 2023, from 10:00 a.m. to 12:00 p.m., at Exeter Chapel. Proof of residency will be required.
There were no Other Administrative Issues.
No. 4 Trans Global Construction, LLC: Claim for Additional Labor Differing Site Conditions: Trans Global won the bid for painting at the Library. Upon completion, it submitted a claim for an additional $12,000.00, for extra labor hours it had to extend to clean
up and complete its work, and made demand for arbitration. Attorney Marusak suggested accepting the demand for arbitration and having Vincent Ragosta, Jr., Esq., who works for the Town as Labor Attorney and does arbitrations in his practice, arbitrate on behalf of the Town.
MOTION made by Mr. Patterson to direct Town Solicitor James Marusak to
reach out to Labor Attorney Vincent Ragosta, Jr., Esq., to arbitrate Trans Global Construction, LLC, Claim for Additional Labor Differing Site Conditions; seconded
by Ms. DeFrancesco; and voted unanimously in the affirmative.
No. 8 Stephen Sovet: Letter of Interest and Resume for position as Zoning Board
of Review Alternate: Addressed previously this evening.
No. 13 Governor McKee’s Office: Governor McKee, DEM Announce Availability
of $3 Million in Grant Funding to Help Communities, Local Groups Protect Open
Space: A copy of this communication will be forwarded to the Exeter Rural Land
Preservation Committee.
No. 14 South County Regional Planning Council: Request for a Representative from
each Town Council: The Washington County Regional Planning Council has changed its
name. Mr. Ellis served on the Washington Council, as Representative for Exeter, and will
attend the South County meeting unofficially.
MOTION made by Mr. Patterson to take a five-minute recess; seconded by
Mr. Lefebvre.
Discussion: Council will discuss Agenda Item No. 14D in Executive Session.
Mr. Lefebvre recused himself from this agenda item, as he does business with
the owner, and left the meeting at 9:40 p.m.
Back to the Motion: Voted unanimously in the affirmative.
Council entered into recess at 9:40 p.m., reconvened at 9:47 p.m., and entered
into Executive Session.
MOTION made by Mr. Patterson to enter into Executive Session
to discuss Possible Acquisition of Real Property: 742 Ten Rod Road
[RIGL 42-46(5)(a)(5)); seconded by Ms. DeFrancesco; and voted
unanimously in the affirmative.
Council entered into Executive Session at 9:47 p.m.
Council adjourned Executive Session at 10:19 p.m.
and reassembled in Open Session.
MOTION made by Ms. Allen to seal the minutes of the Executive Session;
seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
MOTION made by Ms. Allen to affirm all votes taken in Executive
Session; seconded by Ms. DeFrancesco; and voted unanimously in
the affirmative.
MOTION made by Mr. Patterson to adjourn the meeting; seconded
by Ms. Allen; and voted unanimously in the affirmative.
The Regular Meeting was adjourned at 10:19 p.m.
The next Regular Meeting of the Exeter Town Council is scheduled for
Tuesday, September 5, 2023, at 7:00 p.m.
Respectfully submitted,
Lynn M. Hawkins, CMC
Exeter Town Clerk
Approved: September 5, 2023