MINUTES
EXETER TOWN COUNCIL
REGULAR MEETING
JANUARY 3, 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 7:00 p.m., on Tuesday, January 3, 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
Calvin A. Ellis Present
Olivia DeFrancesco Present
Diane Bampton-Allen Present
Also Present: Also Present: James P. Marusak, Esq., Town Solicitor
Lynn M. Hawkins, Town Clerk
Kenneth G. Findlay, Council Assistant
Beth Heaney: Ms. Heaney (Communication No. 8) reports that the school zone light by Wawaloam School going east on Route 102 has been out for a long time. She called the RI Department of Transportation who claims it is a Town issue. Also, Ms. Heaney is concerned with the passing zones on Route 165. How is enforcement going to be handled? The road
is getting to be extremely dangerous.
Nan Quinlan: Ms. Quinlan is Exeter’s representative on the Wild and Scenic Stewardship Council. In 2019, Congress designated seven rivers in twelve towns in Rhode Island protected. The Council’s mission is to educate the public on how to protect and enjoy the rivers. The Council is funded by the National Park Service, who charges the Council with doing projects free of charge. Ms. Quinlan and others from the Council met with the Town Clerk and former Department of Public Works Director about establishing a rain garden to the right of the Town Clerk’s Office Building incorporated into the current landscaping. The project will be started in late March or early April. It will be done in one day. There will be volunteers helping. They will supply all plants, rocks, etc. She invited Council and the Public to attend when it is announced.
Asa Davis: 1) His Calls for Investigation have had no response. Are they still open? If they are closed, the Public should receive a report; 2) In the Providence Journal’s article regarding the Town Garage DEM issues, he was described as an “angry, vengeful, bitter man.” He does
not deem himself so; and 3) Regarding Forfeiture of Office, the Charter designates Council
as a quasi-judicial body. Council is obliged to treat allegations against Mr. Ellis as true unless otherwise proven.
A. TOWN OF EXETER OFFICES AND DEPARTMENTS CLOSED: MARTIN LUTHER KING DAY, MONDAY, JANUARY 16, 2023: The Public was informed.
MOTION made by Ms. DeFrancesco to approve the Agenda Order as presented;
seconded by Ms. Allen; and voted unanimously in the affirmative.
A. REYNOLDS CHARITABLE TRUST: Council has Communication No. 9.
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
Ms. Allen removed No. 15.
C. COMMUNICATIONS: Mr. Lefebvre removed Nos. 8 and 9.
D. SCHEDULE OF JANUARY 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. The Bill Sheet was removed.
Mr. Patterson and Ms. Allen will abstain from voting on the Bill Sheet.
1. COUNCIL REGULAR MEETING, DECEMBER 5, 2022
The Minutes were not removed.
G. APPROVAL OF:
1. TOWN COUNCIL BY-LAWS
The By-Laws were removed by Mr. Ellis.
MOTION made by Mr. Patterson to approve the Consent Agenda as amended;
seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
MOTION made by Mr. Ellis to approve the Bill Sheet; seconded by Ms. DeFrancesco;
and voted as follows:
Daniel W. Patterson Abstain
Michael A. Lefebvre Yes
Calvin A. Ellis Yes
Olivia DeFrancesco Yes
Diane Bampton-Allen Abstain
Motion passes.
MOTION made by Mr. Ellis to move Town Council By-Laws to New Business
on the February Agenda; seconded by Mr. Lefebvre.
Discussion: Mr. Ellis would like to propose some changes.
Back to the Motion: 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.
3. EMERGENCY MANAGEMENT DIRECTOR:
MOTION made by Mr. Ellis to appoint Dorian Boardman Interim Emergency Management Director until a permanent replacement can be found; seconded
by Mr. Lefebvre.
Discussion: Ms. Boardman was introduced to Council last month by then outgoing Emergency Management Director E. Stefan Coutoulakis. She is more than willing to help, is well qualified, and very experienced.
Back to the Motion: Voted unanimously in the affirmative.
MOTION made by Mr. Ellis to post vacancy of Emergency Management Director;
seconded by Ms. DeFrancesco.
Discussion: Ms. Hawkins has her previous posting and the description provided by
Mr. Coutoulakis and will use language from both for the posting.
Back to the Motion: Voted unanimously in the affirmative.
4. PUBLIC WORKS DIRECTOR: Mr. Patterson and Mr. Findlay are working
on a description. This matter will carry to the February agenda.
B. RESIGNATIONS:
1. DIANE BAMPTON ALLEN, LIBRARY BOARD OF TRUSTEES MEMBER:
MOTION made by Ms. DeFrancesco to post vacancy of Library Board of Trustee Member; seconded by Mr. Ellis.
Discussion: Ms. Allen was thanked by Council for her years of service on the Board.
Back to the Motion: Voted as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Calvin A. Ellis Yes
Olivia DeFrancesco Yes
Diane Bampton-Allen Abstain
Motion passes
2. KEVIN McGOVERN, WOOD AND PAWCATUCK WILD AND SCENIC RIVER STEWARDSHIP COMMITTEE MEMBER:
MOTION made by Ms. DeFrancesco to accept Mr. McGovern’s resignation as Wood and Pawcatuck Wild and Scenic River Stewardship Committee Member; seconded by Ms. Allen; and voted unanimously in the affirmative.
MOTION made by Ms. Allen to post vacancy of Wood and Pawcatuck Wild and Scenic River Stewardship Committee Member; seconded by Ms. Defrancesco; and voted unanimously in the affirmative.
3. SCOTE MILLER, INTERIM TOWN SERGEANT AND TOWN CONSTABLE:
Mr. Miller was elected Town Sergeant in November 2022.
MOTION made by Mr. Lefebvre to accept Mr. Miller’s resignation as Interim Town Sergeant and Town Constable; seconded by Ms. DeFrancesco; and voted unanimously
in the affirmative.
MOTION made by Mr. Patterson to post vacancy of Town Constable; seconded by Ms. Allen; and voted unanimously in the affirmative.
C. APPOINTMENTS:
1. JUVENILE HEARING BOARD ALTERNATE MEMBER (ONE NEEDED FOR THREE-YEAR TERM BEGINNING DATE OF APPOINTMENT): There have been no letters of interest received. This vacancy will continue to post.
2. EXETER RURAL LAND PRESERVATION TRUST COMMITTEE MEMBER (ONE NEEDED TO FILL UNEXPIRED TERM ENDING APRIL 1, 2023): There have been no letters of interest received. This vacancy will continue to post.
3. FINANCE CLERK: The Treasurer and Tax Collector are being very selective.
This vacancy will continue to post.
4. BOARD OF CANVASSERS MEMBER (TO SERVE UNEXPIRED TERM ENDING APRIL 11, 2030): Ms. Allen, Chair of the Republican Town Committee, recommends William Munroe, who is an alternate and has helped with elections.
MOTION made by Ms. Allen to appoint William Munroe as Board of Canvassers Member to serve unexpired term ending April 11, 2030; seconded by Mr. Patterson; and voted unanimously in the affirmative.
Ms. Allen and the Republican Town Committee will make a recommendation to fill the
alternate vacancy.
5. 2023 TREE WARDEN: The Director of Public Works serves as the Town’s Tree Warden. The State requires the Tree Warden to be a licensed Arborist and, if not, to be so
within six months of appointment. Interim Director of Public Works Rob Shappy does not
have his Arborist License but is studying for the exam.
MOTION made by Mr. Ellis to appoint Rob Shappy, Interim Director of Public
Works, as 2023 Tree Warden, subject to his being licensed in six months; seconded
by Mr. Lefebvre; and voted unanimously in the affirmative.
D. EXPIRING TERMS: There were no Expiring Terms.
There were no Public Hearings.
A. COMPLAINT FILED PURSUANT TO TOWN OF EXETER CHARTER SECTION 910, FORFEITURE OF OFFICE FOR VIOLATION OF CHARTER:
1. RECUSAL OF TOWN COUNCIL MEMBER CALVIN A. ELLIS FROM CONSIDERATION, CONFIRMATION, OR DISMISSAL OF AGENDA ITEM NO. 9.A.1:
Given the nature of the complaint filed, Mr. Ellis recused himself from this agenda item.
2. CONSIDERATION, CONFIRMATION, OR DISMISSAL OF ASA S. DAVIS, III, COMPLAINT DATED DECEMBER 10, 2022, AGAINST TOWN COUNCIL MEMBER CALVIN A. ELLIS FOR ALLEGED WILFUL VIOLATION OF TOWN OF EXETER CHARTER OR FOR FURTHER SCHEDULING AND NOTICE THEREOF PURSUANT TO TOWN OF EXETER CHARTER SECTIONS 910(b) AND 407(b): Last Month,
Ms. DeFrancesco made a motion to dismiss Mr. Davis’ Complaint based on the Ethics Commission’s findings. Mr. Davis alleges that Ms. DeFrancesco misled Council when
she said, “…since the Ethics Commission made a determination that there was no willfulness,
I make a motion that this item be dismissed with no further action or pursuit.” Mr. Davis alleges that that statement is not true. Ms. DeFrancesco asked Attorney Maruak for his opinion. From a legal point of view, Attorney Marusak believed that a determination of no willfullness was implied and implicit in the Ethic Commission’s determination. The Ethics Commission found violations and imposed a civil fine. A civil fine is not a criminal fine. Charter, Section 910, states “any elected or appointed official…who willfully violates any material provision of this Charter shall be deemed to have forfeited his office...” Charter, Section 903, states “all elected and appointed officials…as defined in State law shall be subject to and comply with the Code of Ethics legislation of the State…and the regulations, rules, and opinions promulgated by the Rhode Island Ethics Commission…” In order to implicate Section 910, the Charter has to be violated, and the Charter, as it has to do with ethics, refers, not to the Town’s code of ethics, but to the State laws and the State promulgations of the Ethics Commission. The Charter does not trigger a violation that calls for an inquiry under Section 910, unless it is a State Code violation. Rhode Island General Law (“RIGL”), Section 36-14-13(A)(4), states “the Ethics Commission is… empowered to adjudicate the merits of all allegations of violation of the Rhode Island Ethics Code” and ”There shall be a presumption of innocence on the part of any person alleged to have violated the provisions of this Chapter and the burden of proving that the person has violated the provisions of this Chapter shall be upon those who allege the violations.” RIGL 36-14-13(c) states, “In order for the Commission to find that there has been a knowing and willful violation of this Chapter, it shall be necessary that a majority of those Commissioners who attended all hearings…vote in the affirmative to so find.” RIGL Section 36-14-19 states, “any person who knowingly and willfully violates the provisions of this Chapter shall in addition to civil penalties…be guilty of a misdemeanor…” The Commission did not impose anything but a civil fine against Mr. Ellis. Had they found him guilty of a willful violation, it would have been a misdemeanor and a criminal fine. Ms. DeFrancesco’s statement that there was no willful violation was correct.
MOTION made by Ms. DeFrancesco to dismiss Complaint dated December 10, 2022, filed by Asa Davis, III, pursuant to Town of Exeter Charter Section 910, Forfeiture of Office
for Violation of Charter, as there is no willful violation of the Town Charter; seconded
by Mr. Lefebvre; and voted unanimously in the affirmative.
B. PLANNING BOARD: PROPOSED CHANGES TO RHODE ISLAND ZONING ENABLING ACT: Scott Millar, Chair, Exeter Planning Board, was present. The Planning Board is strongly opposed to the proposed changes to the Zoning Enabling Act and quite alarmed. It has given Council notice of the proposed changes by the State Land Use Commission and a proposed resolution. The legislation is being drafted. What the legislation will be will not be known until it is released, but it will limit municipalities’ existing authority.
It is not known when it will be released, but will be during this session. It could be when it is released that there is not enough time for Council to react. The House and Senate are aware of the municipalities’ concerns, but not listening. The Planning Board suggests that Council send
a resolution sooner than later. Discussion ensued.
MOTION made by Mr. Ellis to create a resolution capturing the essence of the objections and forward with a cover letter to all cities and towns, our local representatives, and the League of Cities and Towns; seconded by Mr. Patterson.
Discussion: Mr. Millar and Attorney Marusak will redraft the resolution in accordance with tonight’s discussion. Council agreed that Mr. Patterson can sign the resolution on behalf of Council in order to send the resolution sooner than later.
Back to the Motion: Voted unanimously in the affirmative.
C. DISCUSSION, CONSIDERATION, AND POSSIBLE ACTION: RESOLUTION NO. 2023-01: RESOLUTION URGING PASSAGE OF STATE LEGISLATION REGARDING GENERAL ASSEMBLY APPROPRIATIONS IN LIEU OF PROPERTY TAX FOR STATE-OWNED PROPERTIES IN THE TOWN OF EXETER: Council has forwarded this resolution to the State for the last several years. The State of Rhode Island owns 28% of Exeter’s land mass, for which the Town receives no tax revenue.
MOTION made by Mr. Patterson to approve Resolution No. 2023-01 Urging Passage of State Legislation Regarding General Assembly Appropriations in Lieu of Property Tax
for State-owned Properties in the Town of Exeter with copy to Town Senator and Representatives; seconded by Mr. Ellis.
Discussion: The value of the State’s properties in Exeter is assessed at $43,040,900.00.
The State occupies the property but pays nothing to the Town. In years past, the State argued that the Town paid zero dollars for State Police coverage in lieu of the taxes. As the Town
now pays for State Police coverage in Town, the State cannot make that argument this year.
Back to the Motion: Voted unanimously in the affirmative.
D. DECEMBER COMMUNICATION NO. 15: LETTER FROM STATE TRAFFIC COMMISSION: APPROVAL OF REQUEST FOR RIDOT TO REMOVE PASSING ZONES ON ROUTE 165, WEST OF MOUNT TOM ROAD, EAST OF BLIVEN TRAIL, AND BETWEEN EAST SHORE DRIVE AND BLACK PLAIN ROAD: Passing on Route 165 has been an issue for a very long time. Someone complains. Enforcement is stepped up, then pulled back. Rumble strips were installed, but did not make a difference. Mr. Patterson will call the Lieutenant in Hope Valley.
E. EXETER PUBLIC LIBRARY:
1. REQUEST TO GO OUT TO BID: GENERATOR
MOTION made by Mr. Patterson to approve going out to bid for a generator for the Exeter Public Library; seconded by Ms. Allen
Discussion: Mr. Findlay will provide the Clerk with the specifications.
Back to the Motion: Voted unanimously in the affirmative.
2. REQUEST TO APPROVE FORGIVABLE LOAN APPLICATION FOR GENERATOR PROJECT: This loan will pay for the generator.
MOTION made by Mr. Patterson to approve applying for forgivable loan for Library generator project; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
3. REQUEST FOR AMERICAN RECOVERY FUNDS TO BE USED TOWARD HVAC REPLACEMENT: The Library was awarded a Champlin grant to pay for the HVAC replacement at the Library. American Recovery Funds can be used for HVAC replacement.
The Library is requesting to use American Recovery Funds instead of the Champlin grant for the HVAC replacement and will ask the Champlin Foundation if the grant can be used for another project. Council will review distribution of the American Recovery Funds.
MOTION made by Mr. Patterson to carry Agenda Item No. 9E3, Request for American Recovery Funds to be Used Toward HVAC Replacement, to next month’s meeting agenda; seconded by Ms. Allen.
Discussion: Mr. Findlay explained. The Library was awarded a Champlin grant for $150,000.00 to cover the costs of the HVAC. At the same time, the Town received the American Recovery Funds. The Library requested $275,000.00 for the generator and HVAC, which was approved at the 2022 Financial Town Meeting. The generator is being paid for by the forgivable loan (Agenda Item No. 9E3). The Library has asked Champlin if they can use the funds instead towards window refinishing and roof replacement (which American Recovery Funds does not cover) and will have an answer after February 15 when Champlin next meets. Mr. Ellis suggested moving ahead to capture the American Recovery Funds for the Library. The Library is the Town’s newest building and should be maintained. What it needs should be addressed. Mr. Patterson wished to wait for Champlin’s answer. Mr. Findlay noted that using both Champlin and American Recovery Funds will allow the Library to get done what it needs
and not drag the process on. Mr. Patterson withdrew his motion. Ms. Allen withdrew her second.
MOTION made by Mr. Patterson to use American Recovery Funds for HVAC Replacement at the Exeter Public Library pending the Champlin decision;
seconded by Mr. Ellis; and voted unanimously in the affirmative.
4. REQUEST TO GO OUT TO BID: WINDOW AND DOOR FRAMES:
MOTION made by Ms. Allen to go out to bid for Window and Door Frames at the Exeter Public Library pending the Champlin decision; seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
5. REQUEST TO GO OUT TO BID: ROOF REPLACEMENT:
MOTION made by Mr. Patterson to go out to bid for Window and Door Frames
at the Public Library pending the Champlin decision; seconded by Ms. Allen;
and voted unanimously in the affirmative.
F. PROPOSED AMENDMENT TO EXETER ZONING ORDINANCE: MAXIUM LOT COVERAGE OF ALL STRUCTURES: Ms. Allen explained. At present, the ordinance allows 15% maximum coverage for greenhouses in RU-3 zones. The proposed changes will increase the maximum coverage to 35%. The country’s population is increasing each year. More and more people have to be fed. Alternate ways of farming have to be realized. Ms. Allen believes the future of farming is in greenhouses, where growing can be all year round. The property would either pay fees in lieu to the Town to exclusively be used and controlled by the Exeter Rural Land Preservation Trust or the property owner could dedicate an amount of property equal to that of the amount of the property where the greenhouse encompasses in excess of 15% held in perpetuity with a conservation restriction held by the Town. The Town would gain by both options.
MOTION made by Ms. Allen to forward the Proposed Amendment to Exeter Zoning Ordinance: Maximum Lot Coverage of All Structures to the Planning Board for its opinion; seconded by Mr. Patterson.
Discussion: Ms. DeFrancesco inquired: Is this submitted for RI Grows? What is the definition of a greenhouse? Is the building on the Schartner property on Route 2 a greenhouse? In her opinion, this is a way of circumventing going before the Zoning Board, people not wanting to follow proper channels, again, and if they cannot conform to what is already in place, twisting it to conform to what they want. There has to be transparency and site plans. There are more pieces to consider than lot coverage. Let this slip in. What else will slip in or by? Council has no place in this. The Court found that Schartner should respect the Cease and Desist Order and follow the Town’s procedures. The greenhouse seems like a good idea, but in reality it is a different thing.
Mr. Ellis noted that the Rhode Island Department of Environmental Management sent a letter regarding this proposal on Council’s agenda tonight. In 2022, RIDEM wrote that it supported the greenhouse conceptually. In this letter, it still supports RI Grows endeavor to move forward, if consistent with the goals and obligations of the Town.
Mr. Lefebvre noted there are parallels. This concept is coincidental with what is going on
on the planet. There are eight billion people on the planet to feed. That cannot be ignored.
There has to be compromise and changes. One is not mutually exclusive of the other.
Rhode Island General Law 45-24-51 provides that an amendment be forwarded to the Planning Board. The Planning Board has 45 days from the date of introduction to respond. Council has 65 days from date of introduction to the Council to hold a public hearing.
Back to the Motion: Voted unanimously in the affirmative.
G. DEPARTMENT OF PUBLIC WORKS: COMPLAINTS REGARDING D. LEWIS HAULS TO RESOURCE RECOVERY CORPORATION, JOHNSTON, RHODE ISLAND: Department of Public Works Interim Director Rob Shappy reported. The complaints date back to August 2022. Rubbish and recycling are being mixed by Lewis. Rhode Island Resource Recovery reports that the Town’s tonnage has significantly dropped. Lewis is allowed by prior Council motion to use the Town’s tonnage (i.e,, the Town’s discounted rate), but its neglect could hurt the Town in that Resource Recovery could reduce the Town’s tonnage.
Mr. Patterson will review the numbers with Town Treasurer Maria Lawler. This matter will carry to next month’s agenda.
A. USE OF AMERICAN RESCUE PLAN ACT FUNDS: TOWN HALL ADDITION:
This matter is scheduled to be addressed at Special Meeting of January 9.
B. JULY COMMUNICATION NO 16: GOVERNOR MCKEE: RHODE ISLAND CAPITAL PROJECTS FUND: MULTI-PURPOSE COMMUNITY FACILITIES MATCHING GRANT: Treasurer Maria Lawler reported. The grant request has been
submitted. There has been no word back yet.
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 addressed Agenda Items 10C1 and 2 together. Paul Bogosian, Esq., was present on behalf of Split Rock Mobile Park owner, Richard Palmer. The trailer park license has not been renewed due to electrical issues.
Attorney Bogosian reported. Council has received his quarterly status letters. In June,
Mr. Palmer’s parents’ home was lost by fire the day after his mother’s funeral. Both occurrences curtailed his attention to the electrical issues. The issues were to be resolved by the end of October. Mr. Palmer is very close to finishing. Poles are up. Wires are strung. Four trenches were necessary. Two were dug within the last week. The other two will be dug this week. The electrician can then lay the wire and secure the connections. All issues should then be resolved.
Randy McGovern, Electrical Inspector, has been visiting the park twice per week. He never sees anyone working on the issues. Before each meeting, they do a little work. This has been going on too long. Mr. McGovern has issues with the poles. Some need to be straightened out. He requested an engineer’s report regarding the rest of the poles in the park. He has not received it.
Attorney Bogosian noted that there was a meeting in the park on December 21, 2022.
Mr. McGovern, Building Inspector Ron DeFrancesco, and John Mancone from the Department of Business Regulations were present. Mr. McGovern’s issues raised prior to the meeting were discussed and a plan formulated. In his letter of December 30, 2021, Attorney Bogosian asked Mr. McGovern to prioritize the work that needed to be done. He noted in the letter that, based upon the results of the meeting, it was his understanding that Mr. McGovern was no longer requiring an electrical engineer’s report with respect to the poles and that he was satisfied with the proposed pole work discussed on December 21. Attorney Bogosian concedes that the work is taking long, but his client is doing the best he can. There have been scheduling and financial issues. Attorney Bogosian will speak with the electrician to obtain a report for Mr. McGovern.
Mr. Patterson noted that these issues have been an issue every year since the 1980s. He felt that someone is “dragging their feet.” It is time to fix the problem; or if it is not corrected,
in 45 days, shut the park down. “Enough is enough.”
Mr. Ellis understands the frustrations. He suggested that this be continued one month to Council’s next regular meeting in the hope that Attorney Bogosian will be able to report
that the work is completed.
MOTION made by Mr. Lefebvre to allow Mr. Palmer a one-month extension;
seconded by Ms. DeFrancesco.
Discussion: Council directed Attorney Bogosian and Mr. Palmer to get the work done.
Mr. McGovern is to report to Council every week.
Back to Motion: Voted unanimously in the affirmative.
MOTION made by Mr. Lefebvre for a three-minute recess; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
Council suspended the meeting, took a three-minute recess, and then resumed the meeting.
D. PROPOSED AMENDMENTS TO EXETER CODE OF ORDINANCES:
CHAPTER 38, STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES; ARTICLE II, STREETS; DIVISION 2, OFFICIAL STREET MAP; SECTION 38-103, ADDITIONS AND CHANGES (ADDITION OF KAYLA RICCI WAY FOR REFERRAL TO PLANNING BOARD): Attorney Marusak reported. The settlement agreement is in place. Kayla Ricci Way has been completed to the specifications in the settlement agreement. This matter should be forwarded to the Planning Board for its review and opinion.
MOTION made by Mr. Ellis that Proposed Amendments to Exeter Code of Ordinances:
Chapter 38, Streets, Sidewalks, and Other Public Places; Article II, Streets; Division 2, Official Street Map; Section 38-103, Additions and Changes, be forwarded to the Planning Board for its review and opinion; seconded by Ms. DeFrancesco.
Discussion: Council thanked Mr. Patterson, Attorney Marusak, and Town Planner William DePasquale for its diligence in resolving this matter.
Back to Motion: Voted unanimously in the affirmative.
E. SIGNAGE ON MAJOR ROUTES INTO TOWN: Interim Public Works Director Rob Shappy has provided Council with a picture of the Town of Voluntown, Connecticut’s sign. The Clerk will call Voluntown to get what information she can regarding its sign. Mr. Shappy will
call a company that makes these signs to get prices. Ms. DeFrancesco felt the signs should be electronic so Town messages can also be on them.
F. REQUEST FOR NEW MARQUEE SIGN TO BE PLACED ON CLERK’S OFFICE LAWN: This matter will be incorporated in the discussion regarding addition to or new town hall. Until that is decided, size and placement cannot be determined.
G. MEMORIAL DAY PARADE COMMITTEE: Volunteers are desperately needed. Despite postings over the years, volunteers have not come forward. A meeting is scheduled
for Wednesday, February 1 at 6:00 p.m. The Clerk will circulate notice. Social Services Director Jessica DeMartino believes she has volunteers, but she is not sure whether they
wish to help with the process or just the day of. It is hoped that volunteers will come
forward and are willing to do what it takes to have a parade.
H. DEALER IN JUNK LICENSE APPLICATION: DONNA F. RAYMOND, APPLICANT, 88 BLACK PLAIN ROAD: This application has been denied by Council without prejudice. Ms. Raymond was left with thousands of tires that her uncle left behind.
The Rhode Island Department of Environmental Management will help her clean it up, but
she has to have a license from the Town. Last month, Council directed the Clerk to have her contact Building Inspector Ron Defrancesco. The Clerk will follow up with Mr. DeFrancesco
as to status.
A. TOWN COUNCIL ASSISTANT’S REPORT: TOWN COUNCIL ASSISTANT, KENNETH G. FINDLAY: Budget requests will be circulated to the staff.
B. SOLICITOR’S REPORT : JAMES P. MARUSAK, ESQ.: 1) The Supreme Court ruled in the Town’s favor regarding the Davis Estate Drive matter; 2) the Green Moratorium matter was argued in Supreme Court and appeared to go very well for the Town; and 3) when
the Kayla Ricci matter is completed, per the settlement agreement, a dismissal stipulation is to
be placed into the record and the Town should release the bond.
MOTION made by Mr. Ellis to approve the dismissal stipulation and release the bond upon completion of the matter; seconded by Ms. DeFrancesco; and voted unanimously
in the affirmative.
C. REPORTS REMOVED FROM CONSENT AGENDA:
Exeter-West Greenwich School District: Ms. Allen reported. Installation of the HVAC system is almost complete.
Old Voluntown Road: This matter will be on Council’s Special Agenda of January 9. South County Rod & Gun Club owns property beyond the Town maintained portion of Old Voluntown Road. As exercise, the National Guard will rebuild the unmaintained portion and lay gravel to improve access to the Gun Club’s property.
Back 40 Restaurant: Council has been provided information that 88 units will be
built next to the restaurant in North Kingstown.
Handicapped Parking at Oak Harbor Village: Building Inspector Ron DeFrancesco
is addressing this matter.
Mr. Ellis’ Packet Regarding Washington Planning Council: Mr. Ellis asked the
Court to provide a copy to Ms. Allen.
No. 8 12/27/2022 Email from Bethany Heaney: School Zone Signage, Route 102:
Addressed previously this evening. The Clerk will forward a letter and a copy of this communication to the School District.
No. 9 12/27/2022 Reynolds Charitable Trust: Invoice, Ryan’s Landscaping:
Addressed previously this evening.
Council did not enter into Executive Session.
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 9:34 p.m.
The next Regular Meeting of the Exeter Town Council is scheduled for
Monday, February 6, 2023, at 7:00 p.m.
Respectfully submitted,
Lynn M. Hawkins, CMC
Exeter Town Clerk
Approved: March 6, 2023