EXETER TOWN COUNCIL
REGULAR MEETING
DECEMBER 4, 2023
The Town Council 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, December 4, 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
Olivia DeFrancesco Present
Calvin A. Ellis Present
Also Present: Also Present: James P. Marusak, Esq., Town Solicitor
Lynn M. Hawkins, Town Clerk
Kenneth G. Findlay, Council Assistant
A. TOWN OF EXETER HOLIDAY CLOSURES: TUESDAY, DECEMBER 5, EMPLOYEE APPRECIATION LUNCHEON (12:00 P.M. – 1:00 P.M. – ALL TOWN OFFICES); THURSDAY, DECEMBER 21, EMPLOYEE RETIREMENT PARTY
(12:00 P.M. – 1:00 P.M. – ALL TOWN OFFICES); FRIDAY, DECEMBER 22, 2023
(ALL DAY, CHRISTMAS EVE); MONDAY, DECEMBER 25, 2023 (ALL DAY, CHRISTMAS DAY); FRIDAY, DECEMBER 29, 2023, (1/2 DAY, NEW YEAR’S
EVE); MONDAY, JANUARY 1, 2024 (ALL DAY, NEW YEAR’S DAY): The Public
was informed.
B. LIBRARY HOLIDAY PARTY, THURSDAY, NOVEMBER 7, 2023, 5:00 p.m.
to 7:00 p.m.: The Public was invited.
MOTION made by Ms. DeFrancesco to approve the Agenda Order;
seconded by Mr. Ellis; and voted unanimously in the affirmative.
A. REYNOLDS CHARITABLE TRUST: REQUEST FOR APPROVAL:
There were no requests.
B. COMMUNICATIONS: No communications were removed.
C. BILLS, APPROPRIATIONS, AND ABATEMENTS:
1. BILL SHEET: November 1, 2023 – November 31, 2023
2. TAX ASSESSOR’S ABATEMENTS
3. TAX COLLECTOR’S REMITTANCES
4. TAX COLLECTOR’S ABATEMENTS
The Bill Sheet was not removed. There were no abatements or remittances.
D. APPROVAL OF MINUTES: There were no minutes
E. APPROVAL OF:
1. 2024 TOWN COUNCIL REGULAR MEETING SCHEDULE
2. 2024 EMPLOYEE HOLIDAY SCHEDULE
The Schedules were not removed.
MOTION made by Mr. Patterson to approve Consent Agenda; seconded
by Mr. Lefebvre; and voted unanimously in the affirmative.
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.
C. APPOINTMENTS:
1. 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.
2. EXETER RURAL LAND PRESERVATION TRUST COMMITTEE MEMBER
(TO SERVE UNEXPIRED TERM ENDING APRIL 6, 2024): No letters of interest
have been received. This vacancy will continue to post.
3. WOOD-PAWCATUCK WILD AND SCENIC RIVERS STEWARDSHIP COUNCIL ALTERNATE MEMBER: Council has a letter of interest (Communication No. 1).
MOTION made by Mr. Ellis to appoint Sharon MacLean as Wood-Pawcatuck Wild and Scenic Rivers Stewardship Council Alternate Member; seconded by Ms. DeFrancesco.
Discussion: Ms. MacLean’s accolades are very impressive. She is very interested in being involved.
Back to the Motion: Voted unanimously in the affirmative.
4. BOARD OF CANVASSERS ALTERNATE MEMBER (TO SERVE UNEXPIRED TERM ENDING MAY 3, 2027): The Republican Town Committee continues to seek a volunteer.
5. ECONOMIC DEVELOPMENT TASK FORCE MEMBER: Council has a letter
of interest (Communication No. 4).
MOTION made by Mr. Ellis to appoint Nancy Roth as Economic Development Task Force Member; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
6. PUBLIC WORKS WORKER: One letter of interest has been received. This agenda
item will continue to next month. Director of Public Works Robert Shappy would like time
to interview.
7. TRANSFER STATION ATTENDANT: Two letters of interest have been received.
This agenda item will continue to next month. Director of Public Works Robert Shappy
would like time to interview.
D. EXPIRING TERMS: There were no Expiring Terms.
A. PROPOSED AMENDMENTS TO EXETER CODE OF ORDINANCES: DUE TO LEGISLATIVE CHANGES TO RIGL 45-24-46.1, EFFECTIVE JANUARY 1, 2024:
APPENDIX A, ZONING; ARTICLE I – ADMINISTRATION PROCEDURES,
SECTION 1.2 – DEFINITIONS, SECTION 1.3 – GENERAL PROVISIONS.
SECTION 1.4 – SPECIAL PROVISIONS, SECTION 1.5 – ADOPTION, SECTION 1.6 – ADMINISTRATION, SECTION 1.7 – APPEALS; ARTICLE II – ZONING DISTRICT USE REGULATIONS; ARTICLE III – CONFORMING AND NON-CONFORMING LOTS AND USES; ARTICLE IV – SUPPLEMENTARY REGULATIONS; ARTICLE VIII – CELLULAR AND OTHER COMMUNICATION FACILITIES; ARTICLE IX – AFFORDALE HOUSING, SECTION 9.1 – GENERAL, SECTION 9.2 – ASSURANCE OF AFFORDABILITY, SECTION 9.2A -- BASIC REQUIREMENT, SECTION 9.2.C – QUALIFICATION AND MONITORING, SECTION 9.2.D -- LONG-TERM AFFORDABILITY, SECTION 9.3 – MARKETING AND RESIDENT SELECTION,
SECTION 9.3.A – PLAN REQUIRED; ARTICLE X – PLANNED VILLAGE DEVELOPMENT; ARTICLE XI – RENEWABLE ENERGY, SECTION 11.1 – SOLAR;
ARTICLE XII – MEDICAL MARIJUANA:
MOTION made by Mr. Patterson to open the Public Hearing; seconded by
Ms. DeFrancesco; and voted unanimously in the affirmative.
William DePasquale, Town Planner: Council has his recommendation and proposed amendments, dated October 29, 2023, regarding amendments to the Town’s Zoning
Ordinance in order comply with recent housing and zoning laws passed by the legislature
to take effect January 1, 2024. He thanked Karen Ellsworth, consultant hired by the Town,
for helping him to bring the amendments forward. Not many communities will be ready
with their amendments by January 1, citing not enough time, inconsistencies in the legislation, and portions not considered. Exeter will be ready. Mr. DePasquale reviewed the proposed revisions and recommendations of each section (as listed) that the new laws will affect and how.
Council thanked Ms. Ellsworth and especially Mr. DePasquale for their “heroic” efforts and great amount of time spent in reviewing the new laws and making amendment recommendations in order that the Town may comply timely. Consideration of help and additional compensation for Mr. DePasquale will be added to Council’s January agenda. Mr. DePasquale noted that if he had a consultant of Ms. Ellsworth’s caliber, additional help would not be needed. He thanked Council for approving Ms. Ellsworth’s assistance with the amendments.
Asa Davis, 146 Beechwood Hill Trail: Mr. Davis had submitted a seven-page memo to Council concerning clerical and substantive errors in the amendments and requested that this memo be made part of the public record. He commended Mr. DePasquale and Ms. Ellsworth for their excellent work; however, it is not perfect. Mr. Davis reviewed some of the comments made
in his memo.
MOTION made by Mr. Ellis to accept Email from Asa Davis, dated November 21, 2003, as part of tonight’s record; seconded by Ms. Allen; and voted unanimously in the affirmative.
(Attached hereto and incorporated herein as Attachment A)
Scott Millar, Chair, Planning Board: On behalf of the Planning Board, Mr. Millar noted that
the Planning Board submitted its advisory recommendation to Council as required by ordinance. Though the Planning Board is not entirely happy with the State’s changes, it strongly endorses the changes and moving forward in order to comply with State law. The Planning Board suggested, and Mr. DePasquale added, definitions for agricultural land and conservation development, the terms “cluster” and “public water system,” and a new section, Performance
and Development Standards. He thanked Mr. DePasquale and Ms. Ellsworth for the tremendous amount of work they have done in an unreasonable amount of time. It is a significant effort on the part of a part-time planner. Considering the new responsibilities Mr. DePasquale will have moving forward as a result of the changes, Mr. Millar wholly supported the suggestion that
Mr. DePasquale be provided help. Exeter does not want to be in the position of allowing bad development because it did not have the capacity to review and approve applications and, as a result, they are approved by default.
Mr. Ellis: Mr. Ellis thanked Mr. Millar for his comments and asked him to attend the January meeting to join the discussion and provide his ideas regarding modifications to the planning department.
MOTION made by Mr. Patterson to accept the Exeter Planning Board’s recommendation,
dated October 29, 2023, as part of tonight’s record; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
(Attached hereto and incorporated herein as Attachment B)
MOTION made by Mr. Patterson to accept Memorandum from Karen Ellsworth, Consultant, and William DePasquale, Town Planner, dated November 22, 2023, regarding Email from Asa Davis, dated November 21, 2023, as part of tonight’s record; seconded by Ms. Allen; and voted unanimously in the affirmative.
(Attached hereto and incorporated herein as Attachment C)
MOTION made by Mr. Lefebvre to close the Public Hearing; seconded by
Ms. DeFrancesco; and voted unanimously in the affirmative.
MOTION made by Ms. DeFrancesco to accept the package of proposed amendments to the Exeter Zoning Ordinance due to legislative changes effective January 1, 2024, as presented this evening; seconded by Ms. Allen; and voted unanimously in the affirmative.
Asa Davis: 1) Regarding the return of his planning board fees, he does not believe the case is finished; 2) Former Director of Public Works Stephen Mattscheck’s affidavits were found false by the Judge, as they were contradicted by 2009 Town records; 3) Concerning public safety, remove the barriers at the end of Estate Drive; 4) Last time in court, it was stated that Mr. Davis had filed a dozen cases against the Town. That did not ring true. He checked. The judicial portal does not show a dozen cases by him against the Town, but does show 167 cases involving the Town.
Wendy Aubin-Fenner: 1) Regarding Boone Lake issues, has the survey been received; 2) Commended the Library and Social Services for working together on the recent, successful
youth fundraiser.
A. TOWN PLANNER, WILLIAM DePASQUALE: REQUEST FOR APPROVAL OF RESOLUTION IN SUPPORT OF EXETER RI HOUSING MUNICIPAL TECHNICAL ASSISTANCE (“MTPA”) GRANT IN THE AMOUNT OF $100,000.00: Mr. DePasquale
applied for the grant. In the application, he noted that the Town is using its own funds to complete the Comprehensive Plan, using its own funds to hire a consultant to work on the amendments needed to the Zoning Ordinance as a result of recent changes to the laws, and
will use this grant to assist in moving forward with zoning ordinance changes (such as an alternative to inclusionary zoning, multi-family unit ordinance, revisions to Use Table, classifications of uses, land development subdivision regulations and checklist, process checklist, standards for development of substandard lots, and unified development review and application). As a result, the grant has been awarded to the Town. There is a $0 match. There is an in-kind match of Mr. DePasquale’s time. A resolution in support approved by Council is required.
MOTION made by Mr. Ellis to support Resolution in Support of Exeter RI Housing Municipal Technical Assistance Grant in the amount of $100,000.00; seconded by
Ms. DeFrancesco; and voted unanimously in the affirmative.
B. PUBLIC WORKS: AWARDING OF BID: POWER WASHER: One bid was duly
received and opened. The bid meets the specifications. A good unit is offered. Parts and
service are available.
MOTION made by Mr. Lefebvre approve purchase of power washer as proposed by
Power Washer America, in the amount of $7,395.00; seconded by Mr. Patterson;
and voted unanimously in the affirmative.
C. TOWN SERGEANT: REQUEST FOR APPROVAL OF MUTUAL TRAFFIC SAFETY DETAIL ASSISTANCE AGREEMENTS WITH THE TOWNS OF NORTH KINGSTOWN, WEST GREENWICH, RICHMOND, SOUTH KINGSTOWN, EAST GREENWICH, AND HOPKINTON: Town Sergeant Scote Miller needs four to eight constables a day for the next few months to do details for poles being replaced on Route 2
and requests that agreements with these towns, and Foster and Gloucester as well. If approved,
the agreements will be forwarded to the respective towns for consideration and execution.
The individual Towns will charge the contractors for services.
MOTION made by Ms. Allen to approve Mutual Traffic Safety Detail Assistance Agreements with the Towns of North Kingstown, West Greenwich, Richmond,
South Kingstown, East Greenwich, Hopkinton, Foster, and Gloucester; seconded
by Mr. Lefebvre; and voted unanimously in the affirmative.
D. EMERGENCY MANAGEMENT DIRECTOR, DORI BOARDMAN: REQUEST
TO APPROVE INCREMENTAL PAYMENTS TO HAZARD MITIGATION PLAN CONSULTANT FROM EMERGENCY MANAGEMENT LIABILITY ACCOUNT:
Exeter and West Greenwich entered into agreement to obtain a $150,000.00 grant to create
a Multi-Community Hazard Mitigation Plan. The grant was recently awarded. The grant allows for the consultant to be paid only when the plan is approved. West Greenwich suggests paying the consultant incrementally. Exeter has a liability account funded over the past years with funds received for emergency management pods, participation, and activities. There have been no expenses to apply them to, until now. The account is $69,000.00. Of the $150,000.00, Exeter will be responsible for $75,000.00. FEMA will pay 90%. Exeter and West Greenwich will
split in-kind time for the remaining 10%. The last payment of the incremental payments to the consultant will be withheld until final approval of the plan. Ms. Bordman requested that the incremental payment schedule be approved.
MOTION made by Mr. Patterson to approve incremental payments to the consultant
for the Hazard Mitigation Plan from the Emergency Management Liability Account; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
E. EMERGENCY MANAGEMENT DIRECTOR, DORI BOARDMAN: ACKNOWLEDGEMENT OF RECEIPT OF CERTIFICATE OF EMERGENCY MANAGEMENT: Ms. Boardman recently went through the rigorous program and is now certified in emergency management. Council congratulated Ms. Boardman.
F. EMERGENCY MANAGEMENT DIRECTOR, DORI BOARDMAN: REQUEST FOR APPROVAL: ATTEND WILDLAND URBAN INTERFACE CONFERENCE IN RENO, NEVADA (PAYMENT IN ADVANCE; REIMBURSEABLE BY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT: One of the risks that will be addressed in the Emergency Hazard Plan is wildfires. Exeter is working with the Fire Division of the Department of Environmental Management, who has requested Ms. Boardman to attend this conference to learn how the West deals with and protects against wildfires. The Town will pay $1,892.00
in advance for the conference, flights, and hotel. The Town will be reimbursed after
Ms. Boardman’s attendance at the conference.
MOTION made by Mr. Ellis to approve Emergency Management Director Dori Boardman’s attendance at the Wildland Urban Interface Conference in Reno, Nevada; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
G. EMERGENCY MANAGEMENT DIRECTOR, DORI BOARDMAN:
REQUEST FOR APPROVAL: ATTEND ONLINE CERTIFICATION PROGRAM (PAYMENT IN ADVANCE; REIMBURSABLE BY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT): CERTIFIED WILDFIRE MITIGATION SPECIALIST: The program is through the National Fire Academy at a cost of approximately $400.00. Following the program, Ms. Boardman will be a Certified Wildfire Mitigation Specialist, which will help her with the Hazard Mitigation Plan and other efforts.
MOTION made by Mr. Ellis to approve Emergency Management Director Dori Boardman’s request to attend online certification program for Certified Wildfire
Mitigation Specialist; seconded by Ms. Allen; and voted unanimously in the
affirmative.
H. NOVEMBER COMMUNICATION NO. 14: SECRETARY OF STATE’S
REQUEST TO PARTICIPATE IN RI SEMIQUINCENTENNIAL “250TH
COMMISSION” AND FORM LOCAL 250TH COMMITTEE: The Clerk will contact
the Parade Committee, Historical Committee, and Tomaquag Museum and urge them to participate. The Library will put the request for participation on its website and in its
newsletter.
I. RUBBISH REMOVAL LICENSE RENEWAL APPLICATION: ALLIED WASTE
SERVICES OF MA, LLC D/BA REPUBLIC SERVICES; JESSICA VELILLA,
APPLICANT; 1080 AIRPORT ROAD, FALL RIVER, MASSACHUSETTS:
The Clerk reported: The application for renewal was not received in time for Council’s November meeting. The license expired November 30. All requirements have been met.
MOTION made by Mr. Patterson to approve Rubbish Removal License for Allied Waste
Services of Massachusetts d/b/a Republic Services; seconded by Mr. Ellis; and voted
unanimously in the affirmative.
J. VICTUALING LICENSE RENEWAL APPLICATIONS: DUNKIN DONUTS,
561B SOUTH COUNTY TRAIL AND 260 NOOSENECK HILL ROAD; BRUCE THOMAS, APPLICANT, 729 COUNTY STREET, TAUNTON, MASSACHUSETTS:
The Clerk reported: The applications for renewal were not received in time for Council’s November meeting. Their licenses expired November 30. Both operated over the weekend
without licenses. South County Trail has met all requirements. Nooseneck Hill Road owes
Sales Tax Permit, which expired in February. A new one was applied for today. The Clerk
has informed Nooseneck Hill Road that they are closed as of 12:00 a.m. tonight until the sales tax permit is received. Both locations received notices of their renewal in September and multiple phone calls.
MOTION made by Mr. Patterson to approve Victualing License for Dunkin Donuts, 561B South County Trail; seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
MOTION made by Mr. Patterson that Dunkin Donuts, 260 Nooseneck Hill Road, remain closed until the remaining paperwork is submitted; seconded by Mr. Lefebvre; and voted
unanimously in the affirmative.
K. STATUS: WOODY HILL AND HALL SCHOOLS RENOVATIONS: Mr. Findlay reported: Painting of the exterior of the buildings is completed. The vendor has been paid,
$26,000.00. This item will be removed from the agenda.
A. USE OF AMERICAN RESCUE PLAN ACT FUNDS: POSSIBLE ACQUISITION
OF 742 TEN ROD ROAD: This agenda item will be addressed in Executive Session.
B. STATUS: JULY 2022 COMMUNICATION NO 16: GOVERNOR MCKEE:
RHODE ISLAND CAPITAL PROJECTS FUND: MULTI-PURPOSE COMMUNITY FACILITIES MATCHING GRANT: Town Treasurer Maria Lawler reported: Feedback received on Stage 2 Application; additional information requested submitted; awaiting
next step.
C. SPLIT ROCK MOBILE PARK: 1) REQUEST OF ELECTRICAL INSPECTOR 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 (12/1/2023-11/30/2024):
Paul Bogosian, Esq., for Split Rock: The electrical lines have been affixed to the newly installed poles. The connections have not been done. Owner, Richard Palmer, has repeatedly contacted
the installer. The head of the electrical crew has been ill. Mr. Palmer has been assured that the work will be done this week. In the meantime, Mr. Palmer has done everything he can do to
help move this along and get it done.
Ms. DeFrancesco stated that she is very disappointed that this is still not resolved, that it is ridiculous. Mr. Patterson and Mr. Lefebvre agreed. Because this has been going on over
a year, Mr. Patterson inquired whether fines can be imposed, per day, and if not corrected
within 45 days, shut the park down. Every month, there is an excuse. Mr. Ellis suggested
that Mr. Palmer find another electrician or ask Electrical Inspector Ken Johnson for
suggestions.
MOTION made by Mr. Patterson to direct Town Solicitor, James Marusak,
to research imposition of fines, and if possible, fine by day; seconded by
Ms. DeFrancesco.
Discussion: Council does not want to impose fines but wants the issues resolved.
Back to the Motion: Voted unanimously in the affirmative.
D. STATUS: UPDATE TO TOWN OF EXETER CODE OF ORDINANCES; CHAPTER 14, BUILDINGS AND BUILDING REGULATIONS; ARTICLE IV,
IMPACT FEES: This agenda item will be discussed at a Work Session on January 8,
2024.
E. DIRECTOR OF PUBLIC WORKS: REQUEST FOR GUIDANCE:
INCIDENT AT 5 WEST SHORE DRIVE: The survey has not yet been received.
F. EXETER TOWN CLERK’S OFFICE BUILDING, 675 TEN ROD ROAD:
ROOF AND BASEMENT ISSUES: Brian Patch, Plan B Construction, who did the
exterior painting on Hall and Woody Hill Schools, will repair the roof above the second
floor, for under $5,000.00. The Clerk will contact a company for a quote to seal the
basement.
No communications were removed.
MOTION made by Mr. Patterson to take a five-minute recess; seconded by
Mr. Lefebvre; and voted unanimously in the affirmative.
MOTION made by Mr. Patterson to resume in Open Session; seconded by
Mr. Ellis; and voted unanimously in the affirmative.
Council entered into recess at 9:47 p.m., reconvened in Open Session at 9:52p.m.,
and entered into Executive Session.
MOTION made by Mr. Patterson to enter into Executive Session to discuss Agenda Items: A1, 2, 3 [Asa Davis v. Town of Exeter et al, WC-2019-0383, 2022-320-MP, WC2020-515, WC2023-139]; B1[Acquisition of Real Property, 742 Ten Rod Road (RIGL 42-46-5(a)(5)]; C1 [Consideration and Possible Approval of ADA Accommodation for Town Employee (RIGL 42-46-5(a)(1)]; seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
Mr. Lefebvre will recuse from the discussion regarding Agenda Item B1, Acquisition of Real Property, 742 Ten Rod Road, as he does business with the owner.
Council entered into Executive Session at 9:52p.m., adjourned Executive Session
at 10:35 p.m., and reassembled in Open Session.
MOTION made by Mr. Ellis to seal the minutes of the Executive Session;
seconded by Ms. Allen; and voted unanimously in the affirmative.
MOTION made by Mr. Patterson to affirm all votes taken in Executive Session;
seconded by Mr. Ellis; and voted unanimously in the affirmative.
MOTION made by Mr. Lefebvre to adjourn the meeting; seconded
by Ms. Patterson; and voted unanimously in the affirmative.
The Regular Meeting was adjourned at 10:35 p.m.
The next Regular Meeting of the Exeter Town Council is scheduled for
Tuesday, January 2, 2024, at 7:00 p.m.
Respectfully submitted,
Lynn M. Hawkins, CMC
Exeter Town Clerk
Approved: January 2, 2024