MINUTES
EXETER TOWN COUNCIL
SPECIAL MEETING
APRIL 2, 2024
Council led the Public in the Pledge of Allegiance.
The Special Meeting of the Exeter Town Council was called to order at 7:03 p.m., on Tuesday, April 2, 2024, in the Wawaloam Elementary School Cafeteria, 100 Victory Highway (Rte. 102), Exeter, Rhode Island.
Roll Call: Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Diane Bampton-Allen Yes
Olivia DeFrancesco Yes
Calvin A. Ellis Yes
Also Present: James P. Marusak, Esq., Town Solicitor
Lynn M. Hawkins, Town Clerk
Kenneth G. Findlay, Council Assistant
OF EXETER COMPREHENSIVE PLAN: NEW PLAN: “EXETER 2044 – ONE COMMUNITY MOVING FORWARD TOGETHER” AND CONSIDERATION
OF PROPOSED AMENDMENTS:
MOTION made by Mr. Ellis to open and resume the continued Public Hearing;
seconded by Mr. Patterson; and voted unanimously in the affirmative.
(For discussion from the previous public hearing on March 11,2024, please see Council
Special Meeting Minutes posted on the Secretary of State’s Website.)
(Recordings, video and audio, of this meeting and the March 11, 2024, meeting are available upon a Public Records Request.)
William DePasquale, Town Planner: At the last public hearing, the Planning Board approved potential amendments to the Comprehensive Plan (hereinafter “the Plan”), which incorporated
some of the concerns and comments made by Statewide Planning. Those as well as those attached to tonight’s Notice for Public Hearing are before Council tonight for its consideration.
Council considered the proposed amendments.
No. 1/Attachment A – Town Planner’s Proposed Amendments, dated March 19, 2024; the Planning Board’s amendments, dated March 13, 2024; and Councilman Calvin Ellis’, dated March 18, 2024 (2044 Comprehensive Plan Public Comment Matrix).
Mr. DePasquale in his amendments incorporated the Planning Board’s and Mr. Ellis’ proposed amendments. He reviewed the amendments and how they affect the Plan. Lengthy discussion ensued. Questions were answered.
No public comment.
No. 2A/Attachment B – Councilwoman Diane Bampton Allen’s Proposed Amendments,
dated March 15, 2024 – All-Electric Town Fleet.
No. 2B/Attachment B – Councilwoman Diane Bampton Allen’s Proposed Amendments,
dated March 15, 2024 – Charging Stations at the Library and Town Hall.
Ms. Allen wished to remove charging stations at the library and town hall from the Plan. The Town would be responsible for the cost to install the charging stations, which is high and it is unknown how much the Town would be reimbursed by the charging station company.
No. 2C/Attachment B – Councilwoman Diane Bampton Allen’s Proposed Amendments,
dated March 15, 2024 – Impact Fees for Developers.
Ms. Allen wished to reduce or remove impact fees for developers. If a developer has a two-
unit development, two are considered affordable and pay no impact fees, but the other eight
do. The Plan mimics the impact fee ordinance. Revisions to that ordinance are under consideration by Council. Discussion ensued. Language will be added that the impact fees
are consistent with the current local impact fee ordinance, so that when the ordinance is rewritten, the Plan will not have to be rewritten.
No public comment.
No. 3A/Attachment C – Councilman Daniel Patterson’s Proposed Amendments, dated
March 19, 2024 – Historical Association.
The Plan proposes to make a private, non-profit, the Exeter Historical Association, a line
item in the Town Budget. There is a line item in the Town Budget for Historical Building Preservation for the restoration and maintenance of buildings. Giving the Historical
Association a line item would give a non-profit an operating budget in the Town budget.
No. 3B/Attachment C – Councilman Daniel Patterson’s Proposed Amendments, dated
March 19, 2024 – Onsite Wastewater Ordinance.
The Town has considered an onsite wastewater ordinance in the past. Having one would
allow opportunities for loans through Rhode Island Housing for replacement of septic
systems. If the loan is defaulted on by the property owner, the Town is responsible to
pay the bill. With the Town’s limited resources, manpower, and technology, the Town
cannot afford this.
No. 3C/Attachment C – Councilman Daniel Patterson’s Proposed Amendments, dated
March 19, 2024 – Transfer of Development Rights (“TDR”).
Mr. Patterson proposes to remove any referral to TDR in the plan. The ordinance has been
in place since 2008, has never been used, is outdated, and needs a lot of revision. Instead
of TDR, allow the option for payment in lieu of.
Ms. DeFrancesco felt that removing TDR would “take a tool out of the tool box,” and
suggested language be added indicating that TDR be considered.
Mr. Ellis agreed. He suggested there be reference to TDR but that it not be mandated.
He did not feel it should be struck completely but should be modified.
Scott Millar, Chair of the Planning Board, handed his written testimony to Council and read same into the record. (Attachment D) Speaking as a resident, Mr. Millar noted that it is important to: maintain TDR in the Plan because it would allow the Town to receive funds from private developers who wish to add more density; retain TDR and the village ordinance as future population growth is expected; revise the TDR ordinance to make it more user friendly; and delete any language regarding TDR that would make it difficult to receive grant funds.
The TDR ordinance needs to be revisited and reconsidered. Maybe remove the complicated TDR and require payment in lieu of instead, which is easier and clearer and easier for the
Town to administer? Until the ordinance is updated, it should not be removed completely.
Following lengthy discussion, language to the following effect, will be added, “the Town of Exeter is in the process of revisiting the TDR ordinance in order to make the process easier.”
Mr. Patterson removed all his strikeouts.
Mr. Millar thanked Council for working with him on TDR and for moving this process forward.
No. 3D/Attachment C – Councilman Daniel Patterson’s Proposed Amendments, dated
March 19, 2024 – Land Trust Duties.
The Plan indicates that the Land Trust will give advice to the Planning Board regarding development. They are not commissioned to get involved with the planning process. Charter Section 709, states that the Land Trust will be “…empowered to acquire, hold, or maintain
interest in property for purposes to include but not limited to the preservation of open space, protection of natural resources, maintenance of the rural character of the Town, and the provision of land and interests therein for public recreation.” Mr. Patterson felt the language in the Plan making the Board an advisory board to the Planning Board, which it is not commissioned to be, should be struck out. Mr. Ellis and Ms. DeFrancesco disagreed. They did not see the harm
in the Land Trust working with the Planning Board.
No Public Comment.
MOTION made by Mr. Ellis to close the Public Hearing; seconded by Ms. Allen;
and voted unanimously in the affirmative.
Council made the following motions on the amendments.
Amendment No. 1/Attachment A: Town Planner’s Proposed Amendments, dated March 19, 2024; the Planning Board’s amendments, dated March 13, 2024; and Councilman Calvin Ellis’, dated March 18, 2024 (2044 Comprehensive Plan Public Comment Matrix).
MOTION made by Mr. Ellis to accept Town Planner William DePasquale’s amendments dated March 19, 2024, including Items 1 through 9 and the 2044 Comprehensive Plan Public Comment Matrix; seconded by Ms. Allen; and voted unanimously in the affirmative.
MOTION made by Mr. Patterson to delete Element 11, 11-28 vi, Actions, Transition to an All-electric Town Fleet, Pages 11-14, 11-18, and 11-28 in the Plan; seconded by Ms. Allen; and voted as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Diane Bampton-Allen Yes
Olivia DeFrancesco No
Calvin A. Ellis Yes
Motion passes.
Amendment No. 2B/Attachment B: Councilwoman Diane Bampton Allen’s Proposed Amendments, dated March 15, 2024 – Charging Stations at the Library and Town Hall.
MOTION made by Mr. Patterson to delete Element 11, 11-18 vi, To Install Charging Stations at the Library and Town Hall, Pages 11-14, 11-18, and 11-28 in the Plan;
seconded by Ms. Allen; and voted as follows:
Michael A. Lefebvre Yes
Diane Bampton Allen Yes
Olivia DeFrancesco No
Calvin A. Ellis No
Motion passes.
Amendment No. 2C/Attachment B: Councilwoman Diane Bampton Allen’s Proposed Amendments, dated March 15, 2024 – Impact Fees for Developers.
MOTION made by Mr. Patterson, under Element 7, exemption of Affordable Housing from Growth Management Ordinance, Impact Fees, shall be consistent with current zoning, Pages 11-14, 11-18, and 11-28 in the Plan; seconded by Ms. Allen; and voted
as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Diane Bampton Allen Yes
Olivia DeFrancesco Yes
Calvin A. Ellis Yes
Motion passes.
MOTION made by Mr. Patterson to strike out proposal to make Exeter Historical Association a line item in the annual Town budget as there is already a line item
for historical properties in the Town budget; seconded by Ms. Allen.
Discussion: Mr. Ellis did not feel it would do any harm to support the Exeter Historical Association. It only exists on modest dues and grants. He will, though, support the motion.
Back to the Motion: Voted as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Diane BamptonAllen Yes
Olivia DeFrancesco Yes
Calvin A. Ellis Yes
Motion passes.
MOTION made by Mr. Patterson to strike out all language in creating an onsite wastewater ordinance in the Town of Exeter from the Comprehensive Plan.
Discussion: Mr. DePasquale requested leeway to promote the onsite wastewater management district as a voluntary program and look into ways to accomplish that. There are four or five programs that are voluntary and information to the public can only help: what is a septic system, education, and best practices. Mr. Patterson rescinded his motion.
MOTION made by Mr. Patterson to delete onsite wastewater ordinance from the Comprehensive Plan and add language which supports education and best management practices for the Town of Exeter; seconded by Ms. Allen.
Discussion: Mr. Ellis noted that Council is trying to form a Conservation Commission.
A focal point may be to look at conserving water and helping residents maintain their property.
It was suggested that this type of information could be provided on the Town’s website
Back to the Motion: Voted as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Diane Bampton Allen Yes
Olivia DeFrancesco Yes
Calvin A. Ellis Yes
Motion passes.
Amendment No. 3C/Attachment C: Councilman Daniel Patterson’s Proposed Amendments, dated March 19, 2024 – Transfer of Development Rights (“TDR”).
MOTION made by Mr. Patterson at Transfer of Development Rights, in the Comprehensive Plan, Page 13-20, No. 4, Transfer of Development Rights Framework,
add the language, “Therefore the Town of Exeter is in the process of revisiting the Transfer Development Rights ordinance to revise and make this process easier for the users” and
at Page 12-30, add a new section under Housing, 7.4; seconded by Mr. Lefebvre; and
voted unanimously in the affirmative.
Amendment No. 3D/Attachment C: Councilman Daniel Patterson’s Proposed Amendments, dated March 19, 2024 – Land Trust Duties.
MOTION made by Mr. Patterson at Natural Resources, Actions, in the Comprehensive Plan, where it says “…advise the Planning Board on the effects of post-development on
the quality and natural function of water bodies and the natural integrity of adjacent land areas,” strike out Land Trust and leave Conservation Commission; seconded by Ms. Allen.
Discussion: Mr. Ellis did not think it hurt to seek out points of view, recommendations, and discussion, so will vote against the motion.
Back to the Motion: Voted as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Diane Bampton Allen Yes
Olivia DeFrancesco No
Calvin A. Ellis No
Motion passes.
MOTION made by Mr. Patterson to adopt the Town of Exeter Comprehensive Plan, New Plan, Exeter 2044 – One Community Moving Forward, as amended on this date, April 2,
2024; seconded by Ms. Allen; and voted unanimously in the affirmative.
(See Attachment E, Supplement to Draft Comprehensive Plan, Amendments as approved
and Amended, Council Special Meeting and Public Hearing, April 2, 2024)
MOTION made by Mr. Patterson to adjourn the meeting; seconded by Mr. Lefebvre;
and voted unanimously in the affirmative.
The Special Meeting was adjourned at 8:34 p.m.
Respectfully submitted,
Lynn M. Hawkins, CMC
Exeter Town Clerk
Approved: May 6, 2024