EXETER TOWN COUNCIL
REGULAR MEETING
JULY 10, 2023
Town Council Member Calvin A. Ellis led Council and the Public in the Pledge of Allegiance.
The Regular Meeting of the Exeter Town Council was called to order at 7:01 p.m., on Monday, July 10, 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
A. DIRECTOR OF PUBLIC WORKS, ROBERT SHAPPY, HAVING PASSED
STATE REQUIREMENTS, IS NOW A CERTIFIED ARBORIST: Council and
the Public congratulated and applauded Mr. Shappy.
MOTION made by Mr. Lefebvre to move Agenda Item No. 9F after Executive Session
and otherwise approve the Agenda Order as presented; seconded by Ms. Allen; and
voted unanimously in the affirmative.
A. REYNOLDS CHARITABLE TRUST:
There were two vouchers.
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 No. 4.
C. COMMUNICATIONS:
Ms. DeFrancesco removed Nos. 2, 12, and 16.
Mr. Ellis removed No. 20.
Ms. Allen removed No. 21
D. SCHEDULE OF JULY 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 was no Tax Assessor’s Abatements.
Ms. Allen will abstain from voting on the Bill Sheet as her company is on it.
1. COUNCIL SPECIAL MEETING, FEBRUARY 27, 2023
2. COUNCIL SPECIAL MEETING, MARCH 9, 2023
3. COUNCIL SPECIAL MEETING, JUNE 20, 2023
Mr. Ellis will abstain from voting on June 20 minutes as he was absent from that meeting.
MOTION made by Mr. Lefebvre to approve the Consent Agenda as amended;
seconded by Ms. Allen; 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 Yes
Michael A. Lefebvre Yes
Diane Bampton-Allen Abstain
Calvin A. Ellis Yes
Olivia DeFrancesco Yes
Motion passes
MOTION made by Ms. Allen to approve Council Special Meeting Minutes of June 20, 2023; seconded by Mr. Lefebvre; and voted as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Diane Bampton-Allen Yes
Calvin A. Ellis Abstain
Olivia DeFrancesco Yes
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.
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 volunteer.
6. PUBLIC WORKS SUPERINTENDENT: Director of Public Works Robert
Shappy recommends William Brown. Mr. Brown has been serving as a Public Works
Worker and is progressive, dedicated, and a leader. He is a huge asset to the team and
has an excellent work ethic.
MOTION made by Mr. Ellis to appoint William Brown as Public Works Superintendent;
seconded by Ms. DeFrancesco.
Discussion: Mr. Ellis had spoken to Mr. Shappy about his recommendation and agrees
with the recommendation.
Back to the Motion: Voted unanimously in the affirmative.
Mr. Brown’s appointment as Superintendent leaves his position, Public Works Worker, vacant.
MOTION made by Mr. Patterson to post the vacancy of Public Works Worker with applications due by July 25 to allow time to interview and appoint at Council’s August 7 Regular Meeting; seconded by Ms. Allen; and voted unanimously in the affirmative.
7. PLANNING BOARD MEMBER (TO SERVE FIVE-YEAR TERM BEGINNING DATE OF APPOINTMENT): The currently-serving member seeks reappointment.
MOTION made by Ms. Allen to reappoint Gina Thurn as Planning Board Member
to serve five-year term beginning date of appointment; seconded by Mr. Lefebvre.
Discussion: Mr. Lefebvre thought it beneficial to have a farmer on the Board and thanked
Ms. Thurn for serving.
Back to the Motion: Voted unanimously in the affirmative.
8. ZONING BOARD OF REVIEW ALTERNATE MEMBER (TO SERVE FIVE-
YEAR TERM BEGINNING DATE OF APPOINTMENT): The currently-serving
member does not seek reappointment.
MOTION made by Ms. Allen to post the vacancy of Zoning Board of Review Alternate
Member to serve five-year term beginning date of appointment; seconded by Mr. Ellis;
and voted unanimously in the affirmative.
9. REYNOLDS CHARITABLE TRUST COMMITTEE MEMBER (TO SERVE THREE-YEAR TERM BEGINNING DATE OF APPOINTMENT): No letters of
interest have been received. This vacancy will continue to post.
D. EXPIRING TERMS: There were no Expiring Terms.
A. PROPOSED AMENDMENT TO EXETER CODE OF ORDINANCES: CHAPTER 22, ENVIRONMENT; ARTICLE IV, SPECIAL FLOOD HAZARD AREAS; SECTION 22-52, APPLICABILITY; SECTION 22-52(a), SPECIAL FLOOD HAZARD AREAS:
Attorney Marusak: The State notified the Town that the ordinance needed to be updated by
removing an out-of-date panel and adding a new one. It is a small change but could have
negative impacts to residents living in the area if it is not done.
Asa Davis, 146 Beechwood Hill Trail: Mr. Davis stated that the flood changes make sense and that it is good to see that the Town is complying with State law. This is a big difference with what happened at the Town Garage. There is significant land at the garage in the flood plain overlay district and four structures are in special flood hazard areas, all in violation of Town
and State law. No Town or Department of Environmental Management permits were pulled
for the four buildings or for the special use. Mr. Davis puts the blame on the prior Director of Public Works Director and the current Zoning Inspector. What is Council going to do to enforce compliance?
MOTION made by Ms. Allen to close the Public Hearing; seconded by Ms. DeFrancesco; and voted unanimously in the affirmative.
MOTION made by Ms. DeFrancesco to approve Amendment to Exeter Code of Ordinances: Chapter 22, Environment; Article IV, Special Flood Hazard Areas;
Section 22-52, Applicability; Section 22-52(A), Special Flood Hazard Areas; seconded
by Ms. Allen; and voted unanimously in the affirmative.
Gregg Allen: Mr. Allen served as a Council Member for ten years, eight as President. Recently, he learned that the Conservation Commission is defunct and is looking for volunteers. As he felt it important for the Town to have a Conservation Commission, he applied. At Council’s May 6 Regular Meeting, when his letter of interest was before Council, a member
of the Council said, historically, Mr. Allen is involved in buying and selling real estate in Exeter and that it would be inappropriate for Mr. Allen to serve on the Conservation Commission. In
32 years that Mr. Allen has lived in Exeter, he has been involved in four real estate transactions:
the purchase a lot next to his home, the purchase of a mobile home on his street for his nephew, the purchase of his uncle’s property on Glen Rock Road which he divided into two lots through the proper Town channels and sold, and a house lot on Gardiner Road which he sold. The statements made in reference to him at the May public meeting were misinformed, unfounded, unfair, and foul.
Asa Davis: Regarding Agenda Item No. 14A3, Mr. Davis’ middle initial is “S” not “V.”
As for the number of cases he has against the Town, it is seven not nine. The Attorney General ruled in favor of him on two cases regarding open records. The Calls for Investigation should
be put back on because besides the Department of Environmental issues, significant taxpayer funds were spent improperly and Council has a fiduciary responsibility to manage those funds.
A. EXETER PUBLIC LIBRARY DIRECTOR: AWARDING OF BID: GUTTERS AND DOWNSPOUTS: The gutters and downspouts will be paid for with Champlin Funds. Library Director Tien Tran recommends the bid be awarded to Sole Source Construction, the
one bid duly received and opened.
MOTION made by Mr. Ellis to award Sole Source Construction the bid for Library
gutters and downspouts; seconded by Ms. Allen; and voted unanimously in the affirmative.
B. EXETER PUBLIC LIBRARY DIRECTOR: AWARDING OF BID: REFINISH PORTICO CEILING AND FASCIA: The refinishing of the Library portico ceiling and
fascia will be paid for with Champlin Funds. Library Director Tien Tran recommends the
bid be awarded to Sole Source Construction, the one bid duly received and opened.
MOTION made by Mr. Ellis to award Sole Source Construction the bid for refinishing
of the Library portico ceiling and fascia; seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
C. EXETER PUBLIC LIBRARY DIRECTOR: AWARDING OF BID: PRIVACY POD: No bids were received. There is one company, Pippin, who manufactures the pod that
fits the specifications. They did not submit a bid because they thought their quote would be
considered a bid. Nevertheless, there were no bids and Pippin is a sole source. The pod will
be paid with a “LORI” (Libraries of Rhode Island) grant. Purchasing Agent Lynn Hawkins agrees that the purchase can be made as a sole source for the reasons presented.
MOTION made by Ms. Allen to award Pippin the bid for a Privacy Pod for the
Library as presented as the sole source provider; seconded by Ms. DeFrancesco;
and voted unanimously in the affirmative.
D. TREASURER’S OFFICE: AWARDING OF BID: AUDIT SERVICES:
One bid was received and duly opened, Wadovick & Company, for $17110.00 per year
for the next three years. The Auditor General has approved the bid.
MOTION made by Mr. Lefebvre to award Wadovick & Company the bid for
Audit Services in the amount of $17,110.00 per year for three years ; seconded
by Ms. DeFrancesco; and voted unanimously in the affirmative.
E. AWARDING OF BID: TOWN HALL ARCHITECTURAL SERVICES:
One bid was duly received and opened. As Council is negotiating the purchase of
742 Ten Rod Road, this bid will be held.
Council moved to Agenda Item No. 9G and followed the normal course of the agenda.
Agenda Item No. 9F will be addressed following Executive Session.
F. DEPARTMENT OF PUBLIC WORKS: REQUEST FOR PROPOSAL: PLANTS, TREES, EVERGREENS, BUSHES: It is unknown at this time exactly what plantings are needed at the Public Works Garage, but prices are needed.
MOTION made by Ms. Allen to go out to bid for Plants, Trees, Evergreens, and Bushes; seconded by Ms. DeFrancesco.
Discussion: Mr. Ellis thanked those who are working on this. The notice will require proposals
in time for the Council’s August 7 Regular Meeting.
Back to the Motion: Voted unanimously in the affirmative.
Council moved to Agenda Item No. 15, Adjournment.
G. EXETER CLERK’S OFFICE BUILDING, SECOND FLOOR: SOUNDPROOFING:
During a recent meeting, it was brought to Council’s attention that noise from downstairs floats
upstairs impairing work concentration and focus. Mr. Lefebvre spoke with Director of Public Works Robert Shappy. There is plexiglass on hand that can be mounted above the pony wall
on the stairs and soundproof panels can be bought to mount on the stairwell walls.
Ms. DeFrancesco suggested, rather than spend the money, the Tax Collector and Board of Canvassers could switch offices. That idea was taken off the table. Mr. Shappy will put
together a cost analysis. This matter will continue to Council’s Special Meeting of July 17.
MOTION made by Mr. Lefebvre to remove Agenda Item No. 9G, Exeter Clerk’s Office Building, Second Floor: Soundproofing; seconded by Ms. Allen.
Discussion: Mr. Ellis queried why remove it. Council asked Mr. Shappy for costs. If the cost
is under $1000.00, Mr. Shappy can move forward. If the costs are over $1000.00, Mr. Shappy would have to obtain three phone bids. It is unsure how effective the soundproofing will be. This project was not factored into the Town Clerk’s Budget for building maintenance. How
it will be paid for is to be determined.
Back to Motion: Mr. Lefebvre withdrew his motion. Ms. Allen withdrew her second.
H. PLANNING AND ZONING DECISIONS: PUBLIC ACCESS: It has been brought
to Mr. Ellis’ attention that sometimes zoning certificates and special use permits cannot always be readily found. Can there be a way to scan those in when they are issued so there is a record?
Ms. DeFrancesco noted that other cities and towns have their planning and zoning decisions online. Ms. Hawkins noted that Exeter’s planning and zoning decisions are recorded in land evidence which is online, that Council should check with the Zoning Clerk whether zoning certificates and special use permits are uploaded to e-permitting, and that anyone looking for records can make a public records request and receive the documents within ten business days. All records, such as planning and zoning applications, all old and new records, can be scanned and accessed digitally, to ease searching and responding to records request, rather than going through boxes, but would have to be funded through a capital program, as companies that do
that work would have to be engaged. As the conversation turned to more than planning and zoning decisions, this agenda item will be carried to Unfinished Business and reworded.
I. NEW LEGISLATION: CHANGES TO LOW-MOD ACT, COMPREHENSIVE
PLANNING ACT, ZONING ENABLING ACT, AND LAND DEVELOPMENT AND SUBDIVISION ACT: The new legislation will require a lot of work and time on the part
of many to revise the Town’s ordinances. Planning Solicitor Steve Sypole and Town Planner Bill DePasquale are working on a memo outlining what needs to be done and when and will circulate it to the parties involved. The deadline to make the changes is January 24, 2024.
A. USE OF AMERICAN RESCUE PLAN ACT FUNDS: TOWN HALL ADDITION V. NEW TOWN HALL V. PURCHASE OF 742 TEN ROD ROAD: The voters at this year’s Financial Town Meeting approved Council negotiating the purchase of 742 Ten Rod Road. Attorney Marusak has spoken with the owner’s attorney who will speak with the owner and
get back to Attorney Marusak. Council will no longer consider an addition to the current
Clerk’s Office Building. That will be removed from this agenda item and the word “possible” added.
B. JULY 2022 COMMUNICATION NO 16: GOVERNOR MCKEE: RHODE ISLAND CAPITAL PROJECTS FUND: MULTI-PURPOSE COMMUNITY FACILITIES MATCHING GRANT: Town Treasurer Maria Lawler has received no updates.
C. SPLIT ROCK MOBILE PARK: 1) REQUEST OF ELECTRICAL INSPECTOR RANDY McGOVERN TO OBTAIN ENGINEER’S REPORT AND REQUIRE VIOLATIONS TO BE CORRECTED TIMELY; AND 2) TRAILER PARK LICENSE RENEWAL APPLICATION: SPLIT ROCK MOBILE PARK, 480 SOUTH COUNTY TRAIL: Council has an update from the owner’s attorney. The poles have been delivered.
Some work has been done. It is anticipated that the work will be completed by the end of
August. Discussion ensued regarding how long this has been ongoing and what can be
done. The Clerk will invite the owner and his attorney to Council’s September 5 Regular
Meeting and ask the Building and Electrical Inspectors to check the progress every
two weeks and report to Council.
D. SIGNAGE ON MAJOR ROUTES INTO TOWN: The applications are complete
except for GIS coordinates which are needed for where the signs can/will go. This agenda
item will be removed. Mr. Findlay will report on this matter under his report going forward.
E. 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: The legislative session has ended. The resolution was not addressed.
MOTION made by Mr. Ellis to remove Agenda Item No. 10E from the agenda;
seconded by Ms. Allen.
Discussion: Mr. Ellis thanked Mr. Patterson for pursuing this legislation once again.
Back to the Motion: Voted unanimously in the affirmative.
F. TOWN OF EXETER CODE OF ORDINANCES; CHAPTER 14, BUILDINGS
AND BUILDING REGULATIONS; ARTICLE IV, IMPACT FEES: Mr. Findlay has
been going back and forth with the consultant. There is a lot to discuss and work out.
Council will schedule a work session. The moratorium expired June 30, 2023.
MOTION made by Mr. Patterson to extend the moratorium on collection of
commercial property impact fees for another six months; seconded by Ms. Allen.
Discussion: This agenda item will be on Council’s July 17 Special Meeting Agenda
for Mr. Findlay to provide a summary.
Back to the Motion: Voted unanimously in the affirmative.
G. TOWN EMAILS AND RECORDS: OFFICIALS, STAFF, BOARDS, AND
COMMISSIONS: Some still have not contacted IT Director James Angi to obtain
Town emails. Mr. Lefebvre queried why they will not do it. Ms. DeFrancesco thought
the emails were only supposed to be the chairs of the boards and commissions. Those
chains would then be saved as a Town record. Discussion ensued regarding using personal
emails versus Town emails. The Clerk will gather the minutes concerning this agenda item
and provide Council with same.
H. HISTORIC PRESERVATION: WOODY HILL AND HALL SCHOOLS:
Mr. Findlay reported that Sheila Boothroyd-Reynolds, Chair of the Historical Association,
has not gotten back to him with the name of who she recommends to do the restoration.
He will begin to prepare the specifications to go out to bid. The costs will be paid with
Historic Preservation Funds.
I. RESOLUTION AUTHORIZING THE CREATION OF AN EMERGENCY
MANAGEMENT/HAZARD MITIGATION ADVISORY COMMITTEE: This
resolution is now satisfactory to Emergency Management Director Dori Boardman.
MOTION made by Ms. DeFrancesco to approve Resolution Authorizing the Creation
of an Emergency Management/Hazard Mitigation Advisory Committee; seconded by
Ms. Allen; and voted unanimously in the affirmative.
J. DIRECTOR OF PUBLIC WORKS: REQUEST FOR GUIDANCE: INCIDENT
AT 5 WEST SHORE DRIVE: Attorney Marusak is reviewing this matter. Deputy Clerk
Patricia Whitford and Clerical Assistant Janette Morrissey are researching for him. Director
of Public Works Robert Shappy is taking measurements.
A. TOWN COUNCIL ASSISTANT’S REPORT: TOWN COUNCIL ASSISTANT, KENNETH G. FINDLAY: Mr. Findlay will help Emergency Management Director Dori Boardman write specifications to go out to bid for a consultant to do the hazard mitigation
update, which will be paid for with a grant.
B. SOLICITOR’S REPORT : JAMES P. MARUSAK, ESQ. : Attorney Marusak
had nothing new to report.
C. REPORTS REMOVED FROM CONSENT AGENDA:
Tax Collector’s Report: The 2023 tax bills have been mailed. First Quarter taxes are due September 1 with a grace period until September 15. Taxpayers may pay on the bill upon receipt.
Special Meeting, July 17: The meeting will be at 6:30 p.m., for two items carried from tonight’s agenda and several Public Works requests to go out to bid.
Emergency Management Director Dori Boardman: She reports regarding the recent
wildfire and FEMA reimbursements. Her report needs some clarification.
No. 2 06/07/2023 Letter from John Schilling: Complaint about noise from Mail Road:
Logging is being done because of fire damage and the military is building a fire road. Both contributed to the increase in road noise. Both are winding down.
No. 12 06/20/2023 Frank DiGregorio: Letter regarding Exeter at a crossroad; suggestion
for new Town Hall on Library site: This will be held for possible future discussion.
No. 16 06/27/2023 Letter from Jennifer Dame: Request for re-evaluation of the income
guidelines for the tax exemption for low-to-moderate income housing: Tax Assessor
Kerri Petrarca is working on a response.
No. 20 06/30/2023 Paul Ward: Discontinuance of dog biscuits at Transfer Station:
The Transfer Station Attendants have historically distributed dog biscuits to dogs accompanying their owners to the Transfer Station. Recently, because Director of Public Works Robert Shappy received complaints that dogs were being teased with the biscuits, that only dogs whose owners were giving Christmas gifts were given treats, and that treats left open were attracting rodents,
he put an end to the practice. Mr. Ward was present and asked Council to reinstate the practice, as it was a nice gesture and practice. Discussion ensued. Mr. Shappy’s decision was not upturned.
No. 21 06/30/2023 Tomaquag Museum Planning and Development Coordinator:
Invitation to Indigenous Veterans’ Monument Groundbreaking; 5:30 pm, July 12th,
at the Veterans’ Cemetery: Ms. Allen invited the Public to the event and planned to
attend.
MOTION made by Mr. Patterson to take a five-minute recess; seconded by
Mr. Lefebvre; and voted unanimously in the affirmative.
Council recessed at 8:50 p.m. and reconvened at 8:55 p.m.
MOTION made by Mr. Patterson to enter into Executive Session
to discuss Investigative Proceedings [RIGL 42-46-5(a)(4) and Collective Bargaining [RIGL 42-46-5(a)(2); seconded by Ms. Allen; and voted
unanimously in the affirmative.
Council entered into Executive Session at 8:55 p.m.
Council adjourned Executive Session at 9:29 p.m.
and reassembled in Open Session.
MOTION made by Ms. DeFrancesco to seal the minutes of the Executive Session; seconded by Ms. Allen; and voted unanimously in the affirmative.
MOTION made by Ms. DeFrancesco to affirm all votes taken in Executive
Session; seconded by Ms. Allen; and voted unanimously in the affirmative.
Council moved to Agenda Item 9F.
MOTION made by Ms. Allen to adjourn the meeting; seconded by Ms. DeFrancesco;
and voted unanimously in the affirmative.
The Regular Meeting was adjourned at 9:31 p.m.
The next Regular Meeting of the Exeter Town Council is scheduled for
Monday, August 7, 2023, at 7:00 p.m.
Respectfully submitted,
Lynn M. Hawkins, CMC
Exeter Town Clerk
Approved: August 7, 2023