EXETER TOWN COUNCIL
REGULAR MEETING
AUGUST 5, 2024
Council led 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 5, 2024, 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 Absent
Calvin A. Ellis Present
Also Present: James P. Marusak, Esq., Town Solicitor
Kennth Sylvia, Esq., Associate to Attorney Marusak
Lynn M. Hawkins, Town Clerk
Kenneth G. Findlay, Council Assistant
Mr. Ellis read into the record an email Ms. DeFrancesco sent to Council explaining
why she was absent from tonight’s meeting. The Clerk stated that she misspoke when
she said Ms. DeFrancesco was absent because of another commitment.
A. RHODE ISLAND PRIMARY, TUESDAY, SEPTEMBER 10, 2024: VOTING
WILL TAKE PLACE FROM 7:00 A.M. TO 8:00 P.M. AT ST. KATERI TEKAKWITHA, 84 EXETER ROAD, EXETER, AND METCALF ELEMENTARY SCHOOL,
30 NOOSENECK HILL ROAD, EXETER; VOTERS WHO ORDINARILY VOTE AT EXETER CHAPEL WILL VOTE AT METCALF SCHOOL; UNREGISTERED VOTERS WILL VOTE AT THE EXETER CLERK’S OFFICE, 675 TEN ROD ROAD, EXETER, FROM 7:00 A.M. TO 8:00 P.M., LIMITED BALLOT; VOTERS WHO WISH TO VOTE EARLY CAN DO SO AT THE EXETER CLERK’S OFFICE, 675 TEN ROD ROAD, EXETER, MONDAY THROUGH FRIDAY, 9:00 A.M. TO 4:00 P.M., BEGINNING AUGUST 21 AND ENDING MONDAY, SEPTEMBER 9, AT 4:00 P.M.; MAIL BALLOT APPLICATIONS FOR THE RHODE ISLAND PRIMARY ARE BEING ACCEPTED BY THE BOARD OF CANVASSERS UNTIL 4:00 P.M., TUESDAY, AUGUST 20, 2024, AT THE EXETER CLERK’S OFFICE; THE LAST DAY TO REGISTER TO VOTE IN THE RHODE ISLAND PRIMARY IS SUNDAY, AUGUST 11, 2024; UNREGISTERED VOTERS CAN REGISTER ONLINE OR VISIT THE EXETER CLERK’S OFFICE DURING NORMAL BUSINESS HOURS; UNREGISTERED VOTERS WHO WISH
TO REGISTER IN PERSON ON SUNDAY, AUGUST 11 SHOULD VISIT THE EXETER ANIMAL SHELTER, 169 SOUTH COUNTY TRAIL, EXETER, FROM 9:00 A.M. TO 1:00 P.M.: Council urged the Public to vote.
B. FIRE DISTRICT BILLS: The bills are late in being mailed because there has been an issue with the bill preparation software. The problem is being addressed. The bills will be mailed as soon as they can be printed.
Because the representative from Charlie’s Old Tyme Trash had to return to Western Connecticut tonight, Mr. Ellis wished to move New Business Item No. 9.G to the beginning of New Business.
MOTION made by Mr. Ellis to approve the Agenda Order as amended;
seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
A. REYNOLDS CHARITABLE TRUST: REQUEST FOR APPROVAL:
1. BRYANT UNIVERSITY, AGENCY ACCOUNT, $3,500.00
2. RI JOIN REINSURANCE ASSOCIATION, AGENCY ACCOUNT, $2,408.08
3. WOOD RIVER HEALTH SERVICES, INC., SERVICES TO 644 RESIDENTS,
$7,000.00
4. UNDISCLOSED APPLICANT, INSURANCE COVERAGE, UP TO $3,000.00
5. RYAN’S LAWN CARE & LANDSCAPING, $1,050.00
6. PURCHASE OF NEW SIGN FOR REYNOLDS MONUMENT SITE,
CONSISTENT WITH NEW TOWN HALL AND CLERK’S OFFICE
SIGNS USING SAME VENDOR
None of the above were removed.
B. COMMUNICATIONS: Ms. Allen removed No. 2C. Mr. Ellis removed No. 4.
C. BILLS, APPROPRIATIONS, AND ABATEMENTS:
1. BILL SHEET: July 1, 2024 – July 31, 2024
2. TAX ASSESSOR’S ABATEMENTS:
Four Abatements Totaling $852.22
(See Town Clerk for List)
3. TAX COLLECTOR’S ABATEMENTS: None
4. TAX COLLECTOR’S REMITTANCES: None
None of the above were removed.
1. TOWN COUNCIL REGULAR MEETING, JUNE 3, 2024
2. TOWN COUNCIL REGULAR MEETING, EXECUTIVE SESSION, JUNE 3, 2024
3. TOWN COUNCIL REGULAR MEETING, JULY 1, 2024
4. TOWN COUNCIL REGULAR MEETING, EXECUTIVE SESSION, JULY 1, 2024
5. TOWN COUNCIL SPECIAL MEETING, JULY 29, 2024
As he was not present, Mr. Patterson recused from voting on the July 29 Special Meeting Minutes. Mr. Ellis removed No. 1, June 3 Regular Meeting Minutes.
Mr. Ellis quoted from Asa Davis’ Public Comments from the June 3 minutes: “…another
moral booster…would be making Town Hall a canine-friendly workplace.” Mr. Ellis noted
that Mr. Davis’ dog is given treats when he visits Town Hall and is greeted by the everyone.
He confirmed with Ms. Hawkins that that was what Mr. Davis said and that she has asked
Mr. Davis to leash his dog when in Town Hall. Mr. Ellis recently learned that Mr. Davis
now has a leash on his dog when in Town Hall but that the leash is “unmanned.”
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 Town Council Regular Minutes of June 3, 2024, as written; seconded by Ms. Allen; and voted unanimously in the affirmative.
MOTION made by Ms. Allen to approve the Town Council Special Meeting Minutes
of July 29, 2024; seconded by Mr. Ellis; and voted as follows:
Daniel W. Patterson Recuse
Michael A. Lefebvre Yes
Diane Bampton Allen Yes
Calvin A. Ellis Yes
Motion passes
A. VACANCIES:
1. PERSONNEL BOARD (5 MEMBERS NEEDED): Letters of Interest are being accepted. Those received are being held. Once five are received, this Board will be
activated. These vacancies will continue to post.
2. CONSERVATION COMMISSION (1 MEMBER NEEDED): This Commission must have seven members in order to be activated. Six Letters of Interest have been received and are being held. One more person interested in serving is needed. Letters of interest are
being accepted. This vacancy will continue to post.
B. RESIGNATIONS: None
C. APPOINTMENTS:
1. EXETER RURAL LAND PRESERVATION TRUST COMMITTEE
MEMBERS (TWO NEEDED) (TO SERVE FOUR-YEAR TERM BEGINNING
DATE OF APPOINTMENT): No Letters of Interest have been received. This
vacancy will continue to post.
2. JUVENILE HEARING BOARD ALTERNATE MEMBER (TO SERVE UNEXPIRED TERM ENDING NOVEMBER 6, 2026): No Letters of Interest
have been received. This vacancy will continue to post.
3. TAX BOARD OF REVIEW ALTERNATE MEMBER (TO SERVE UNEXPIRED TERM ENDING AUGUST 2, 2024): No Letters of Interest have been received. This
vacancy will continue to post.
4. PUBLIC WORKS WORKER: This will be discussed in Executive Session.
5. ANIMAL CONTROL OFFICER: No Letters of Interest have been received.
This vacancy will continue to post.
D. EXPIRING TERMS: None
A. OUTDOOR ENTERTAINMENT LICENSE APPLICATION: KAREN LEVIN, APPLICANT, ON BEHALF OF THE FRIENDS OF EXETER ANIMALS: TO HOLD
A CLASSIC CAR SHOW, INCLUDING VENDORS, ON SATURDAY, SEPTEMBER 14, 2024 (RAIN DATE: SUNDAY, SEPTEMBER 15, 2024), 10:00 A.M. TO 3:00 P.M., AT
THE EXETER ANIMAL SHELTER, 169 SOUTH COUNTY TRAIL, EXETER,
RHODE ISLAND:
MOTION made by Ms. Allen to open the Public Hearing; seconded by Mr. Ellis;
and voted unanimously in the affirmative.
This is the thirteenth year for the car show. It is a huge fund raiser for the shelter, gets bigger each year, is always a huge success, and good for the Town. Certified mailings and advertising in the amount of $209.24 and the $100.00 application fee are owed.
MOTION made by Mr. Lefebvre to close the Public Hearing; seconded by Ms. Allen;
and voted unanimously in the affirmative.
MOTION made by Mr. Lefebvre to waive the $100.00 application fee; seconded by
Ms. Allen. Not voted
MOTION made by Mr. Ellis to approve the application for an Outdoor Entertainment License for the Friends of Exeter Animals as advertised and to waive the $100.00 application fee; seconded by Ms. Allen; and voted unanimously in the affirmative.
B. LIQUOR LICENSE APPLICATION: CLASS F1, SPECIAL ONE DAY EVENT: MATT RICHARDSON, OWNER/APPLICANT, TILTED BARN BREWERY, ONE HEMSLEY PLACE, EXETER, RHODE ISLAND, PLAT 39/BLOCK 1/LOT 1A:
MOTION made by Mr. Ellis to open the Public Hearing; seconded by Ms. Allen;
and voted unanimously in the affirmative.
MOTION made by Mr. Ellis to open as the Exeter Liquor Licensing Board;
seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
The license is needed for the September 7 event in order to bring in outside breweries.
This is the third year. Tilted Barn donates locally following the event. Last year, there
was a donation made to the Exeter Volunteer Fire Department and to a local family
whose child had cancer. It is a great community event, tame, well put on, and positive environment. Three hundred tickets are sold. Advertising costs in the amount of $165.00
are owed.
MOTION made by Mr. Lefebvre to close the Public Hearing; seconded by Ms. Allen;
and voted unanimously in the affirmative.
MOTION made by Mr. Ellis that the application for a Class F1, Special One Day Event Liquor License for Tilted Barn as advertised be approved; seconded by Mr. Lefebvre;
and voted unanimously in the affirmative.
MOTION made by Mr. Patterson to close as the Exeter Liquor Licensing Board and reconvene as the Exeter Town Council; seconded by Mr. Lefebvre; and voted
unanimously in the affirmative.
C. SECOND-HAND DEALER’S LICENSE APPLICATION: JAMES J. TURNER,
APPLICANT, E.W. GARDNER GOLF CARS, LLC, 247 NOOSENECK HILL ROAD,
EXETER, RHODE ISLAND, PLAT 20/BLOCK 3/LOT 14:
MOTION made by Mr. Lefebvre to open the Public Hearing; seconded by Mr. Ellis;
and voted unanimously in the affirmative.
Gardner Golf Cars, which has been in business since the late 1990s, sells golf carts, utility vehicles, and low-speed vehicles. A legislative bill went into effect on July 1 requiring it
to obtain a dealer’s license from the Division of Motor Vehicles. A Town license is needed
in order to get the dealer’s license. Certified mailings and advertising fees are owed in the amount of $132.12.
MOTION made by Ms. Allen to close the Public Hearing; seconded by Mr. Ellis;
and voted unanimously in the affirmative.
MOTION made by Mr. Patterson to grant James J. Turner, Applicant, E.W. Gardner
Golf Cars, LLC, a Second-Hand Dealer’s License; seconded by Ms. Allen; and voted unanimously in the affirmative.
D. CLASS 2 KENNEL LICENSE APPLICATION: KIMBERLY WHITE, OWNER/
APPLICANT, COZY CANINE RETREAT, 82 SODOM TRAIL, EXETER RHODE ISLAND, PLAT 49/BLOCK 4/LOT 37:
MOTION made by Ms. Allen to open the Public Hearing; seconded by Mr. Patterson;
and voted unanimously in the affirmative.
Mr. Lefebvre disclosed that he boarded his dogs once at Ms. White’s facility. He will not
recuse from this agenda item for a conflict of interest. He used her services once. He does
not have a business relationship or an ongoing-business relationship with Ms. White.
Ms. White has been boarding dogs and dog sitting for approximately six years. She averages about six per day. She requires all dogs to have all inoculations and rabies certificates. She cleans with kennel salt, a germicide, every day. Recently, she recently learned that she needed
a Special Use Permit. She appeared before the Zoning Board and was approved. The Special Use Permits has restrictions that she placed on herself to appease her neighbors’ concerns. She understood their concerns and addressed them. She will not be breeding or grooming, putting
up a kennel, or selling the property as a kennel. Both Mr. Lefebvre and Animal Control Officer Deana Dolan agreed: The dogs are housed in Ms. White’s home. The dogs can go upstairs but are mainly kept in the entire lower level. There are rooms, gates, and crates. It is heated and
air-conditioned. There are couches for the dogs. There is a clean, huge, fenced-off dog run.
It is a great operation. Certified Mailings and advertising fees are owed in the amount of $204.60.
MOTION made by Mr. Lefebvre to close the Public Hearing; seconded by Mr. Ellis;
and voted unanimously in the affirmative.
MOTION made by Mr. Lefebvre approve Class 2 Kennel Application of Kimberly
White, Owner/Applicant, Cozy Canine Retreat, 82 Sodom Trail, Exeter, Rhode Island,
Plat 49/Block 4/Lot 37; seconded by Ms. Allen; and voted unanimously in the affirmative.
Mary Sullivan, Deerbrook Condominiums: Requested Council to address the long-term violation of the Town’s noise ordinance affecting her and her neighbors. Their back yards abut Mail Road. For several months, they have been subjected to loud noise from Mail Road caused by large, heavy trucks, every weekday, often before 7:00 a.m. and continuing until 4:00 or 5:00 p.m. Zoning Inspector Hal Morgan told her the trucks are a result of a solar farm being installed on Mail road and that he could do nothing about the noise. A representative from the solar company, Nautilus Solar, told her the project would continue until at least the end of November, maybe early December. Section 22-37 of the noise ordinance states: “It shall be unlawful to operate any equipment in a residential area so as not to exceed 50 decibels between 7:00 p.m. and 7:00 a.m. and not to exceed 55 decibels between 7:00 a.m. and 7:00 p.m.” She has learned online that the average noise level for heavy truck traffic is 80 to 90 decibels. Will the Town enforce its policy on noise? Please put this matter on next month’s meeting. It has been months of torture and will continue. If it were going to end next week, she could handle it.
Paul Pisano, 66 Whispering Pine Way: Concurred with Ms. Sullivan’s comments. The trucks start before 7:00 a.m. Mail Road is not built to handle that type of traffic and those weighty trucks. It is going to deteriorate. As a taxpayer, he does not want to be liable for an activity that is taking place that is not allowed. Agrees that Council should have a hearing and to determine whether or not this ordinance is going to be enforced.
Beth Brown, 58 Whispering Pine Way: Backed Ms. Sullivan and Mr. Pisano 100%. Hopes
to resolve this issue with no through trucks or weight limit signs. The Schartner Farm project
is going to be the next traffic concern. She has sent letters and attended meetings. She has inquired whether Mail Road is commercial or residential and has not gotten an answer. Her research implies Mail Road is residential. When she bought her home, she was told it was a quiet, country road. It is not Route 95, yet 18-wheelers and large dump trucks are permitted. Besides the dangers, it has affected the peace and comfort of her beautiful retirement home and
compromised it. She cannot open her windows because of the noise, vibrations, and exhaust smell.
Asa Davis: 1) Disagrees with Ms. DeFrancesco’s version of events of last Council meeting;
2) July 30 was IRS National Whistleblower Day. Billions of dollars, fines, and taxes were recovered from non-compliant taxpayers. It did not include Cases 23-0794 to 0797, regarding Mr. Ellis, which are still in process; 3) Council ignored how to recover DEM remediation costs at the DPW Garage, leaving taxpayers on the hook, well into six figures; 4) In 2002, the ordinance regarding permit fees was passed and made the Building Inspector Ronald DeFrancesco responsible for calculating the permit fee multiplier annually. APRA responses showed this never happened. As a result, the Town has collected more than $700,000.00 in illegal fees, paying approximately $160,000.00 illegal fees to Mr. DeFrancesco. The Town’s schedule does not comply with the State schedule, mandated since 2017. The permit fees are eight times more than should be, paying the inspectors eight times more than they should be.
Wendy Fenner Aubin, 37 West Shore: The stone and cement wall brought to Council’s attention a while ago is still there. Please put it back “on your radar.”
Brian Sampson: Has no ax to grind. Moved to town five years ago. Built his home across the street. Very happy. 1) Paid his building permit. Has learned that some money may be coming back to him. He does not know the formula. But if he has money coming back, he would like it; 2) He also paid $5000.00 impact fee when he built. He does not understand why. Anyone who builds has to pay it. When he built, it was going to go to the schools. Since then, the ordinance has been amended. It now goes to the Department of Public Works. After so many years, you are supposed to get it back. He knows that is never going happen. But if he is owed it, he would like it. Other towns do not have impact fees. Why does Exeter?
Council moved to New Business Agenda Item No. 9.G.
A. SOLICITOR’S LICENSE APPLICATION: TRINITY SOLAR LLC, 2211
ALLENWOOD ROAD, WALL, NEW JERSEY; MITCHELL BUERMAN,
APPLICANT, 3 JOHNSON COURT, WEST WARWICK, RHODE ISLAND:
The applicant has not met all the requirements and is not present this evening.
No action taken. This agenda item will be removed.
B. DEPARTMENT OF EMERGENCY MANAGEMENT: REQUEST FOR APPROVAL: MEMORANDUM OF UNDERSTANDING BETWEEN TOWNS OF EXETER AND WEST GREENWICH REGARDING MULTI-JURISDICITONAL HAZARD MITIGATION PLAN: Director of Emergency Management Dori Boardman
requested that this agenda item be continued to Council’s next Regular Meeting of
September 3, 2024.
C. TOWN OF EXETER CODE OF ORDINANCES: PROPOSED AMENDMENTS:
ARTICLE 14, BUILDING AND BUILDING REGULATIONS; ARTICLE II,
BUILDINGS; DIVISION 2, PERMIT FEES; SECTION 14-51, SCHEDULE OF
FEES: Mr. Patterson and Mr. Findlay will work with Building Inspector Ron DeFrancesco
to revise this section of the ordinance. This agenda item is continued to Council’s next
Regular Meeting of September 3, 2024.
D. DEPARTMENT OF PUBLIC WORKS: AWARDING OF BID: TRADE
IN TWO 2012 F550 DUMP TRUCKS WITH SANDERS FOR NEW UNITS:
Two bids were duly received and opened. Director of Public Works Rob Shappy recommends bid received from Flood Ford and upgrading to stainless steel dump bodies, aluminum wind deflectors, and back flood lights. Flood Ford offered $40,000.00 for the trade-ins. The other bidder offered $10,000.00.
MOTION made by Mr. Lefebvre to award the bid of two 2012 F550 Dump Trucks
with Sanders for New Units, with the addition of stainless steel bodies, flood lights,
and deflectors to Flood Ford; seconded by Mr. Patterson.
Discussion: As Liaison, Mr. Patterson supports Mr. Shappy’s recommendation.
Back to the Motion: Voted unanimously in the affirmative.
E. DEPARTMENT OF PUBLIC WORKS: REQUEST TO RIDE WEST GREENWICH 2024 BID FOR LIQUID BITUMINOUS FOR ROAD PAVING: Director of Public Works Rob Shappy has used this product before. The bid price is good. It will be paid for with funds from the RI Ready 2-1 Grant Program. It will be used from the end of this season into next season. West Greenwich properly went through the process of obtaining the bid.
MOTION made by Mr. Patterson to allow Exeter Public Works to ride on the West Greenwich 2024 Bid for Liquid Bituminous for Road Paving; seconded by Ms. Allen.
Discussion: Mr. Lefebvre queried: With the new bid process, this is okay? Yes. The
company, T. Miozzi, is on the State bid list.
Back to the Motion: Voted unanimously in the affirmative.
F. DEPARTMENT OF PUBLIC WORKS: REQUEST TO USE APRA FUNDS
TO PURCHASE: 1) WOOD/BRUSH CHIPPER; 2) MINI/EXCAVATOR WITH ATTACHMENTS; 3) SOLAR POWERED LED LIGHTED CROSSWALK SIGNS (2)
Director of Public Works Rob Shappy: If not all the ARPA (“American Recovery Funds”)
are not encumbered by the deadline, he will purchase these items. The lights would be for
the dangerous crosswalk at Wawaloam School.
Town Treasurer Maria Lawler: The ARPA Funds have to be obligated by the end of the year.
Mr. Shappy is being pro-active having these bids ready. As time goes on, if the funds are not obligated to other projects or departments, these are ready to go.
MOTION made by Mr. Patterson to allow the Department of Public Works to go out
to bid using ARPA Funds to purchase a Wood/Brush Chipper, a Mini/Excavator with Attachments, and two Solar Powered Led Lighted Crosswalk Signs; seconded by
Mr. Lefebvre; and voted unanimously in the affirmative.
G. CHARLIE’S OLD TYME TRASH: STATUS OF LICENSE: Mr. Ellis has received several complaints about recycling materials not being separated from trash.
Gary Hoefling: Has been with Charlie’s a year. Has improved things. Two unfortunate things happened: 1) After a massive rainstorm, a $78,000.00 truck was driven through 4’ of water. The engine, transmission, everything, was destroyed; 2) The following week, another truck hit
a tree. The trucks are still not in operation. Parts are difficult to obtain. Mr. Hoefling had to make the decision to get materials off the streets. He could not send out a truck to pick up trash and then one to pick up recycling. So, he combined pickup. He is close to getting the trucks back, and once he does, normal pickup will resume, within one to two weeks. Recycling is important to him.
Council thanked Mr. Hoefling for coming and explaining.
Council moved to New Business Agenda Item No. 9.A and
resumed the normal order of the agenda.
H. SHARON MACLEAN: WOOD RIVER WILD AND SCENIC RIVERS
STEWARDSHIP COUNCIL: DUTEMPLE BROOK TRAIL PROJECT:
Through a grant, if approved, an existing trail on the open Town property adjacent to Chelsea Park will be extended and loop around the cell tower located there. Need Town approval
in order to apply for the grant. The Request for Proposals will go out on October 1 and need.
To be submitted by the end of December. The Library Board will act as fiscal agent for the
grant but is concerned about the wetlands. It is not comfortable in dealing with that issue.
It does not have that technical expertise. The Department of Environmental Management,
the Town Planner, the Planning Board, and the Public Works Department may have to be involved. Any costs would be paid for through the grant. Ms. MacLean will contact the
Town Planner.
MOTION made by Mr. Patterson to approve the DuTemple Brook Trail Project, start the legwork to see if can get it done, and review with the Town Planner; seconded by Mr. Ellis; and voted unanimously in the affirmative.
I. STONY LANE ABANDONMENT PROCESS (2019): A complaint has been filed
by Resident, Asa Davis, with the Ethics Commission against Scott Millar, ex-Planning Board Member, wherein Mr. Ellis is named. At the July 1 Regular Council Meeting, in his Public Comment, Mr. Davis spoke to the abandonment, claiming Mr. Millar had gained land through the abandonment process, thereby increasing the worth of selling development rights. In his August No 4 Communication, Mr. Davis claims Mr. Ellis, Mr. Mattscheck, and Mr. Millar
were responsible for the gate placement. Mr. Ellis expressed that he had nothing to do with the gate placement or complicity in that regard. Mr. Ellis distributed to Council copies of Council Meeting Minutes of the June 3, 2019, Public Hearing regarding the abandonment and read in
part from them. The abandonment was approved because of dangerous activities taking place
in the woods, not for Mr. Millar’s financial benefit.
J. APRA (“ACCESS TO PUBLIC RECORDS ACT”) REQUEST PROCESS:
On July 17, Mr. Ellis visited the Clerk’s Office and found the Clerk in “a state of tizzy.”
She had sent another APRA Response to Resident, Asa Davis. He has submitted many.
Last month, June, he submitted 23. In the last five years, since 2019, he has submitted
193. Mr. Ellis submitted an APRA request for the response the Clerk had just completed.
He read it in part. He found the answers interesting. The APRA does not require reorganize
in the form requested. It does not require response to inquiries or questions or research.
The person responding should not have to determine what is being requested. The request should be specific. When the Clerk asked Mr. Davis exactly what he was looking for, his response was to ask the Town Planner. That is not appropriate. Recently, the Town Clerk
was working from home on minutes and Mr. Davis’ APRA Requests. His requests are
excessive and will apparently continue.
K. ABCORI (“AMERICAN BAPTIST CHURCHES OF RHODE ISLAND”)
PROPERTY SALE: CANONICUS CAMP AND CONFERENCE CENTER:
It is a beautiful property. Mr. Ellis and Ms. Allen do not want to see this property go to housing or commercial development. They would like to see it preserved for public use. Ms. Allen
has talked to the Executive Minister, who is is working with the Department of Environmental Management, but it does not look like something is going to happen with them. Ms. Allen’s church, Liberty Hill, will be meeting with ABCORI later this month. She will recuse from
any votes regarding this agenda item. ABCORI cannot afford to keep the property. Mr. Ellis suggested that Council direct the Clerk to write ABCORI and suggest that they take whatever steps possible to preserve the land so that it is available and preserved for public use and avoid other kinds of development. There may be nothing they can do, but there may be entities who are interested.
MOTION made by Mr. Ellis to direct the Clerk to write to ABCORI on behalf of the Council and urge them to consider any possible opportunities to preserve the property
in its current state; seconded by Mr. Lefebvre; and voted as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Diane Bampton Allen Recuse
Calvin A. Ellis Yes
Motion passes
L. TOWN WEBSITE ISSUES: The host for the website recently did an update. After
the update, the website’s ability to forward meeting notices to those who signed up for them
via their email addresses was lost. IT Director, James Angi, has been working tirelessly
with the website host to resolve this matter.
N. MULTI-PURPOSE COMMUNITY FACILITIES GRANT: Since Council
approved the grant at its June Regular Meeting, there has been new information,
developments, and requirements. Two examples: 1) By October 31, a report has to be completed with capital project scope, work budget, and project timeline, a deadline that
is going to be difficult to meet because of the bid process; 2) Change 2023 Financial
Town Meeting to read that the Town is purchasing a community facilities center not
a new town hall.
MOTION made by Mr. Patterson to place the question of whether to rescind the vote
of June 17, 2024, which approved the Subaward Agreement By and Between the State
of Rhode Island Acting By and Through its Pandemic Recovery Office and the Town
of Exeter on Council’s September Regular Meeting agenda for consideration and action; seconded by Mr. Ellis.
Discussion: Mr. Ellis has talked to the staff. It would be great to get the grant, but there are issues. Mr. Patterson noted that we do not have the personnel nor the funding. The grant will pay for the building, 742 Ten Rod Road, but the expenses will be out of pocket for the next five to seven years. Only seven cities and towns are moving forward with this grant.
Back to the Motion: Voted unanimously in the affirmative.
MOTION made by Mr. Patterson to move that the Clerk notify the relevant State authority of this action and invite them to attend or communicate their position in
advance, and to instruct all relevant Town officers and departments not to request
or accept any State funds pending the Town Council’s further decision on the motion
to rescind; seconded by Mr. Lefebvre.
Discussion: Ms. Lawler confirmed that no funds from this grant have been received.
Mr. Patterson noted that the grant rules keep changing.
Back to the Motion: Voted unanimously in the affirmative.
M. COMPENSATION FOR ADMINISTERING THE PANDEMIC RECOVERY GRANT: Ms. DeFrancesco asked that this agenda item be on the agenda. She has since
indicated to Ms. Lawler that it should be removed. This agenda item will be removed.
O. COMMUNITY FACILITY GRANT: REQUESTS BY OFFICE OF PANDEMIC
RECOVERY: 1) SOLICITOR’S OPINION REGARDING PURCHASE OF 742 TEN ROD ROAD AND 2) REVISION TO JUNE 13, 2023, FINANCIAL TOWN MEETING, RESOLUTION NO. 37, NEW TOWN HALL FACILITY: In light of Agenda Item No. 9.N,
there was no action taken on this agenda item this evening. This agenda item is continued to Council’s next Regular Meeting of September 3, 2024.
A. TOWN TREASURER: REQUEST FOR CLARIFICATION REGARDING
COMPENSATION TO BOARD OF CANVASSERS MEMBERS FOR TRAININGS:
Ms. Lawler is compiling a list of how other cities’ and towns’ compensate their Board of Canvassers Members.
B. STATUS: UPDATE TO TOWN OF EXETER CODE OF ORDINANCES;
CHAPTER 14, BUILDINGS AND BUILDING REGULATIONS; ARTICLE IV,
IMPACT FEES: Mr. Findlay will have a draft prepared to be introduced at Council’s
September 3 Regular Meeting.
C. STATUS: WELCOME SIGNAGE IN AND OUT OF TOWN: Next step:
Mr. Findlay will meet with Director of Public Works Robert Shappy.
D. DIRECTOR OF PUBLIC WORKS:
1. REQUEST FOR GUIDANCE: INCIDENT AT 5 WEST SHORE DRIVE:
Public Works’ priority has been paving. That work is almost at completion, possibly
as early as tomorrow. Fixing this road is the next priority.
2. DAMAGE TO TOWN PROPERTY: MAIL ROAD: As directed by the
Town Council, Attorney Marusak wrote to the company whose trucks caused the
damage, the property owners, and the developers, asking that they respond and fix
the damages immediately. There has been no response. The letter gave them thirty
days to respond. That time expires next week. Will Council wish to file suit or send
a follow-up communication? Mr. Lefebvre queried: Is the damage enough to pursue?
Director of Public Works Robert Shappy answered: The surface damage may not be
bad, but the damage to the road bed from the 50-ton machinery has been compromised.
E. STATUS: RI250 COMMISSION: EXETER HISTORIC PRESERVATION
COMMISSION: There was nothing new to report. Planning is ongoing.
F. STATUS: TOWN BUILDING USES AND IMPROVEMENT PLANS:
1. 675 TEN ROD ROAD:
a. AWARDING OF BID: ROOF REPLACEMENT: Several bids were duly received
and opened. RTP Roofing is recommended. RTP proposes to install 30-½” plywood sheets
in the roof, which will extend the life of the roof and new shingles. They propose to address other things, such as the siding, that the other bidders did not. RTP was the only bidder who came to the premises and went into the attic. The other bidders did not propose new roofing
or other fixes or go into the attic. RTP’s references gave glowing recommendations.
MOTION made by Mr. Patterson to award RTP Roofing the bid in the amount of $45,300.00, contingent upon receipt of up-to-date insurance certificate naming the
Town of Exeter as insured; seconded by Ms. Allen.
Discussion: The Clerk inquired how long the job will take and how disturbing it will
be to daily business. This will be addressed once the project is scheduled.
Back to Motion: Voted unanimously in the affirmative.
b. REQUEST FOR PROPOSALS: BASEMENT WATER MITIGATION:
No bids were received. The Clerk requested going out to re-bid.
MOTION made by Mr. Ellis to re-bid for Basement Water Mitigation at the
Exeter Clerk’s Office; seconded by Ms. Allen; and voted unanimously in the
affirmative.
2. 742 TEN ROD ROAD: The previous owner vacated the building on July 25.
Council can move on the next steps. A Request for Proposals (“RFP”) is needed
regarding renovations, alterations, and additions for the Future Town Hall. The
ARPA Funds must be encumbered by December. The RFP needs to go out as
soon as possible.
MOTION made by Mr. Ellis to authorize Council Assistant Kenneth Findlay
to move forward with a Request for Proposal; seconded by Mr. Lefebvre;
and voted unanimously in the affirmative.
Regarding minor fixes that are needed, will hold off on roof trusses in case the
roof line changes as a result of the RFP. A new oil tank will be installed.
MOTION made by Mr. Patterson to use ARPA Funds to fix the minor fixes;
seconded by Ms. Allen.
Discussion: Mr. Findlay confirmed: Council wants him to move forward
with the fixes and the RFP? Yes.
Back to the Motion: Voted unanimously in the affirmative.
MOTION made by Ms. Allen to make Council Assistant Kenneth Findlay
Project Manager of 742 Ten Rod Road; seconded by Mr. Ellis; and voted
unanimously in the affirmative.
The Clerk requested that a “Coming Soon” sign or “Under Construction” sign be
put on the sign at the building. Residents are confused where to pay taxes or license
their dogs. They are constantly calling or inquiring or going there. The staff spends
much of its time explaining. She put a message on the website. It would help to put
a sign at the building. Informational banners have not been installed. Public Works
will install a sign as suggested by the Clerk.
No. 4 07/11/2024 Asa Davis: Millar, Ethics, and Stony Lane: Addressed
previously this evening.
No. 2 07/09/2024 Governor McKee’s Office: Governor McKee Announces
Round Two of Community Learning Center Grants: Addressed previously this
evening.
MOTION made by Mr. Patterson to take a five- or eight-minute recess; seconded
By Mr. Lefebvre; and voted unanimously in the affirmative.
MOTION made by Mr. Patterson to reconvene in Open Session; seconded by
Ms. Allen; and voted unanimously in the affirmative.
Council entered into Recess at 9:30 p.m., reconvened in Open Session at 9:40 p.m.,
and entered into Executive Session.
MOTION made by Mr. Patterson to enter into Executive Session to discuss Agenda
Item 12.A.1, RIGL 42-46-5(a)(2): COLLECTIVE BARGAINING: DEPARTMENT
OF PUBLIC WORKS: ESTABLISHMENT OF NEW POSITION(S); seconded by
Mr. Lefebvre; and voted unanimously in the affirmative.
Council entered into Executive Session at 9:40 p.m., adjourned Executive Session
at 10:00 p.m., and reassembled in Open Session.
MOTION made by Mr. Patterson to seal the minutes of and votes taken
in Executive Session; seconded by Mr. Lefebvre; and voted unanimously
in the affirmative.
MOTION made by Mr. Patterson to adjourn the meeting; seconded by
Mr. Lefebvre; and voted unanimously in the affirmative.
The Regular Meeting was adjourned at 10:00 p.m.
The next Regular Meeting of the Exeter Town Council is scheduled for Tuesday,
September 3, 2024, at 7:00 p.m.
Respectfully Submitted,
Lynn M. Hawkins, CMC
Exeter Town Clerk
Approved: September 3, 2024