EXETER TOWN COUNCIL
REGULAR MEETING
JANUARY 2, 2024
The Town Council led 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 2, 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 - Ill
Also Present: Also Present: James P. Marusak, Esq., Town Solicitor
Lynn M. Hawkins, Town Clerk
Kenneth G. Findlay, Council Assistant
A. TOWN OF EXETER OFFICES AND DEPARTMENTS CLOSED:
MARTIN LUTHER KING DAY, MONDAY, JANUARY 15, 2024: The
Public was informed.
MOTION made by Mr. Ellis to approve the agenda order as presented;
seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
A. REYNOLDS CHARITABLE TRUST: REQUEST FOR APPROVAL:
1. INVOICE, NO. 1974-15, DATED DECEMBER 23, 2023, RYAN’S LAWN
CARE & LANDSCAPING, INC., MAINTAINENCE, REYNOLDS
MONUMENT, EXETER ROAD, EXETER
The invoice was not removed.
B. COMMUNICATIONS: Mr. Lefebvre removed Nos. 4 and 8.
Mr. Ellis removed Nos. 5, 12, and 15.
C. BILLS, APPROPRIATIONS, AND ABATEMENTS:
1. BILL SHEET: December 1, 2023 – December 31, 2023
2. TAX ASSESSOR’S ABATEMENTS: None this month
3. TAX COLLECTOR’S REMITTANCES: Account No. 00-4507-73
4. TAX COLLECTOR’S ABATEMENTS: None this month
Neither the Bill Sheet nor the Tax Collector’s Remittances were removed.
1. TOWN COUNCIL REGULAR MEETING, NOVEMBER 6, 2023
2. TOWN COUNCIL REGULAR MEETING, EXECUTIVE SESSION,
NOVEMBER 6, 2023
3. TOWN COUNCIL REGULAR MEETING, DECEMBER 4, 2023
4. TOWN COUNCIL REGULAR MEETING, EXECUTIVE SESSION,
DECEMBER 4, 2023
5. TOWN COUNCIL SPECIAL MEETING, DECEMBER 13, 2023
The Special Meeting Minutes for December 13, 2023, were removed, as Mr. Ellis
was absent from the meeting.
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. Patterson to approve the Special Council Meeting Minutes
of December 13, 2023; seconded by Ms. Allen; and voted as follows:
Daniel W. Patterson Yes
Michael A. Lefebvre Yes
Diane Bampton Allen Yes
Calvin A. Ellis Abstain
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:
1. PATRICIA A. OLNEY-MURPHY, JUVENILE HEARING BOARD
MEMBER (term expiring April 11, 2025): Council has Ms. Olney-Murphy’s
email indicating her resignation.
MOTION made by Mr. Ellis to accept the resignation of Patricia Olney-Murphy
as Juvenile Hearing Board Member with regret; seconded by Ms. Allen; and voted
unanimously in the affirmative.
MOTION made by Mr. Ellis to post the vacancy of Juvenile Hearing Board Member;
seconded by Mr. Patterson; and voted unanimously in the affirmative.
C. APPOINTMENTS:
1. EXETER RURAL LAND PRESERVATION TRUST COMMITTEE MEMBER
(TO SERVE FOUR-YEAR TERM BEGINNING DATE OF APPOINTMENT):
No letters of interest have been received. This vacancy will continue to post.
2. EXETER RURAL LAND PRESERVATION TRUST COMMITTEE MEMBER
(TO SERVE UNEXPIRED TERM ENDING APRIL 6, 2024): No letters of interest have been received. This vacancy will continue to post.
3. BOARD OF CANVASSERS ALTERNATE MEMBER (TO SERVE UNEXPIRED TERM ENDING MAY 3, 2027): The Republican Town Committee continues to seek a volunteer.
4. PUBLIC WORKS WORKER: With the Holidays, Director of Public Works Robert Shappy has not had time to interview. This agenda item will continue to Council’s February 5, 2024, agenda.
5. TRANSFER STATION ATTENDANT: With the Holidays, Director of Public Works Robert Shappy has not had time to interview. This agenda item will continue to Council’s February 5, 2024, agenda.
6. 2024 TREE WARDEN:
MOTION made by Mr. Ellis to reappoint Director of Public Works Robert Shappy
As the Town’s 2024 Tree Warden; seconded by Ms. Allen.
Discussion: Mr. Shappy has his Arborist’s License and is willing to continue serving
as the Town’s Tree Warden.
Back to the Motion: Voted unanimously in the affirmative.
D. EXPIRING TERMS:
None this month.
None tonight.
None tonight.
A. PROPOSED MODIFICATIONS TO PLANNING DEPARTMENT: Mr. Patterson spoke to Town Planner Bill DePasquale who indicates that the department is all set at the moment and that he wishes to have this discussion during budget discussions. Because they
have concerns and feel Mr. DePasquale has more work than time allows, Mr. Ellis and
Ms. DeFrancesco put this agenda item on to consider how to alleviate Mr. DePasquale’s workload. Mr. Ellis suggested that this item be continued to Council’s February 5, 2024, meeting for Ms. DeFrancesco.
B. REGULAR MEETING, NOVEMBER 6, 2023, PUBLIC COMMENT, ASA DAVIS:
DISCUSSION AND POSSIBLE RESEARCH RELATING TO TOWN LITIGATIONS:
Mr. Lefebvre put this agenda item on. Mr. Davis was not present. Mr. Lefebvre would prefer
to speak to this in Mr. Davis’ presence. This matter will be continued to the February 5, 2024, Regular Meeting.
Council returned to this agenda item, after Mr. Davis joined the meeting during
Agenda Item No. 9C.
Mr. Lefebvre: Last month, Mr. Davis made some public comments that Mr. Lefebvre wished
to address. Mr. Davis stated that Mr. Lefebvre, in his campaign platform, said he would address the Town’s legal expenses. Mr. Lefebvre denied saying that or even thinking it. He made general comments about controlling Town spending. Mr. Davis also stated that a lot of money had been spent on litigation. Mr. Lefebvre had to “scratch his head in bewilderment” because most of the costs have been brought forth by Mr. Davis and then he says how much money
is spent on litigation. Relative to the list of legal cases Mr. Davis submitted last month, an overwhelming majority of them are closed. Only a few on the list are open.
Mr. Ellis: Asked Attorney Marusak about the list.
Attorney Marusak: There were 167 cases on the list Mr. Davis submitted. There is a mis-conception that they are all open. In fact, 154 are listed in the status as closed. A great
many of the closed ones were brought by the Town’s tax collection attorney. Those are
on a contingency basis, no cost to town, and result in money coming in to the Town.
Mr. Ellis: Attorney Marusak has been the Town’s Solicitor for approximately 30 years and
has never done anything that he has not been directed by a Council to do. This tainting is
most unfortunate.
Attorney Marusak: Is not taking Mr. Davis’ comments personally. “Closed” cases are over.
No fees are being assessed by the Town.
Council returned to Agenda Item No. 9C and resumed the normal course of the meeting.
C. PLANNING BOARD MEMO TO COUNCIL, DATED DECEMBER 12, 2023:
COMPREHENSIVE PLAN: Council has a memo from the Planning Board regarding
the comprehensive plan and suggesting a Joint Public Hearing (Council and the Planning
Board) be scheduled the week of February 26, 2024.
Asa Davis joined the meeting. Council returned to Agenda Item No. 9B.
Mr. Ellis: The Planning Board’s memo indicates that the reason for a joint hearing is to comply with State statute to hold a joint meeting before March 1. The revised draft comp plan and comments from the CPAC, Planning Board, Public, and State would be reviewed. In the event, the Town receives subsequent comments from the State after March 1, those comments can be addressed at a later date.
Mr. Patterson: Is the March 1 deadline for the approved Town draft without State comments?
It is a grey area. Mr. Patterson asked Mr. Millar, Chair, Planning Board, to have Planning Board Solicitor, Steve Sypole, research this question, and provide his written opinion before Council’s February meeting.
Mr. Millar: At the last Planning Board meeting, Attorney Sypole’s unofficial opinion was that the statute does not say approved by the State.
Mr. Ellis felt Council should proceed. Mr. Patterson was not comfortable without research by the legal department, but will proceed.
The joint public hearing will be scheduled for Monday, February 26, 2024, at 7:00 p.m.
D. PLANNING BOARD MEMORANDUM TO COUNCIL, DATED DECEMBER 12,
2023: STATE LAND USE MANDATES: The State changed the laws and mandated they
go into effect January 1, 2024. Exeter is one of the few towns that has met the challenge. The Planning Board has concerns regarding inclusionary zoning, adaptive reuse, land development and subdivision review, and the zoning act. Though the laws have passed and been approved
by the Governor, the Planning Board wishes to see if some changes can be made before the State goes ahead with additional changes. For example, the new densities are not appropriate for Exeter, are excessive, and will make it difficult for Exeter to reach its low-moderate housing percentages. Much of the language is open to interpretation and not clear. If the State does
not hear from the municipalities, they will think there are no concerns and will move forward Mr. Patterson suggested that the Planning Board’s comments be sent to the local legislators.
Mr. Ellis and Mr. Lefebvre concurred with the Planning Board’s observations. Until the laws were passed, the Planning Board did not fully grasp the implications the new laws bring. Though it may be too late to change the laws, Exeter will be on record with its concerns.
MOTION made by Mr. Ellis to send the Planning Board’s memo to the Chair of the Land Use Commission with copies to the local legislators and ask the legislators to intervene on the Town’s behalf; seconded by Lefebvre.
Discussion: Mr. Patterson would rather send it to the legislators with copies to the Land Use Commission in order that the legislators are put on notice.
Back to the Motion: Voted as follows:
Daniel W. Patterson No
Michael A. Lefebvre Yes
Diane Bampton Allen No
Calvin A. Ellis Yes
Motion fails.
MOTION made by Mr. Patterson to send the Planning Board’s memo to the local legislators, Julie Casimiro, Megan Cotter, and Elaine Morgan, with copy to the State
Land Use Commission; seconded by Mr. Lefebvre; and voted unanimously in the affirmative.
E. PRIVATE DETECTIVE LICENSE APPLICATION: DOUG WHITE,
27 PRESERVATION DRIVE, SAUNDERSTOWN, RHODE ISLAND: The Clerk
reported: All requirements have been met. Mr. White has been in Exeter since 2021
and a P.I. since 2007, doing mainly digital forensics.
MOTION made by Mr. Patterson to grant Doug White of 27 Preservation Drive, Saunderstown, Rhode Island, Private Detective License; seconded by Mr. Lefebvre;
and voted unanimously in the affirmative.
F. DEPARTMENT OF EMERGENCY MANAGEMENT: REQUEST TO GO
OUT TO BID: MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN:
Council has a draft of the specifications. West Greenwich Emergency Director Brooke Lawrence has agreed to work together with Ms. Boardman on the plan. The bids will
be received and opened by Exeter. Council inquired: Has West Greenwich approved this?
Will they be paying half the costs? Ms. Boardman will ask Mr. Lawrence for confirmation
from the West-Greenwich Town Council that they agree to this plan and to pay half of the
costs.
MOTION made by Mr. Ellis to go out to bid for Multi-Jurisdictional Hazard Mitigation Plan when verification that West Greenwich approves is received; seconded by Ms. Allen; and voted unanimously in the affirmative.
A. USE OF AMERICAN RESCUE PLAN ACT FUNDS: POSSIBLE ACQUISITION
OF 742 TEN ROD ROAD: Steps to purchase the property are underway.
B. STATUS: JULY 2022 COMMUNICATION NO 16: GOVERNOR MCKEE:
RHODE ISLAND CAPITAL PROJECTS FUND: MULTI-PURPOSE COMMUNITY FACILITIES MATCHING GRANT: Town Treasurer Maria Lawler reported: Stage 3
of the application has been submitted.
C. SPLIT ROCK MOBILE PARK: 1) REQUEST OF ELECTRICAL INSPECTOR TO OBTAIN ENGINEER’S REPORT AND REQUIRE VIOLATIONS TO BE CORRECTED TIMELY; 2) TRAILER PARK LICENSE RENEWAL APPLICATION: SPLIT ROCK
MOBILE PARK, 480 SOUTH COUNTY TRAIL (12/1/2023-11/30/2024): Mr. Ellis read from Electrical Inspector Ken Johnson’s report: “Upon my December 23, 2023, visit to Split Rock Trailer Park with previous Electrical Inspector Randy McGovern, I hereby state that all electrical work is hereby complete and passed to my satisfaction.” Council was pleased that
the matter of the electrical issues has been finally resolved.
MOTION made by Mr. Patterson to approve renewal of Trailer Park License for Split Rock Mobile Park, 480 South County Trail, for the period January 2, 2024, through November 30, 2024, subject to all requirements being met; seconded by Ms. Allen;
and voted unanimously in the affirmative.
Mr. Ellis wished Mr. Palmer, Owner, the best of luck and thanked him for doing his best.
D. STATUS: UPDATE TO TOWN OF EXETER CODE OF ORDINANCES; CHAPTER 14, BUILDINGS AND BUILDING REGULATIONS; ARTICLE IV,
IMPACT FEES: This agenda item continued to Council’s Special Meeting on
January 8, 2024.
E. DIRECTOR OF PUBLIC WORKS: REQUEST FOR GUIDANCE: INCIDENT
AT 5 WEST SHORE DRIVE: Director of Public Works Robert Shappy reported: The
survey will be completed by the end of this week.
F. EXETER TOWN CLERK’S OFFICE BUILDING, 675 TEN ROD ROAD: ROOF AND BASEMENT ISSUES: Mr. Findlay received a $5,000.00 quote to repair a portion of the roof and suggested that Council go out to bid to repair the whole roof. Director of Public Works looked at the basement water issues and will do some repairs on the outside of the building.
Ms. Hawkins will contact a basement waterproofing company to provide a quote.
G. NOVEMBER COMMUNICATION NO. 14: SECRETARY OF STATE’S REQUEST TO PARTICIPATE IN RI SEMIQUINCENTENNIAL “250TH COMMISSION” AND FORM LOCAL 250TH COMMITTEE: Council had sent this communication to the Historical and Parade Committees and the Tomaquag Museum to inquire if they wished to form a committee. Responses have not been received. Council now has December Communication
No. 15 requesting an audience before Council to promote the State’s 250th Commission.
MOTION made by Mr. Ellis to invite Lauren Fogarty and Rob Rock from the Secretary
of State to Council’s Regular Meeting of February 5, 2024; seconded by Mr. Patterson;
and voted unanimously in the affirmative.
H. PUBLIC WORKS: AWARDING OF BID: POWER WASHER: Last month, one
bid received was awarded by Council, however, in the wrong amount. Because of the way the bid was written, it was misunderstood. Council’s motion was for the amount of the washer only.
It did not include the costs of the accessories, which were part of the bid specifications and part of the bid. Director of Public Works Robert Shappy recommends purchasing the washer with
the accessories at the bid price. They are less than they would be if purchased separately. Council reissued its motion as follows:
MOTION made by Mr. Lefebvre to approve the purchase of a power washer as proposed from Power Washer Sales in the amount of $9,639.95; seconded by Mr. Ellis; and voted unanimously in the affirmative.
No. 4 12/06/2023 Asa Davis: Correction to his Public Comment at December 4, 2023,
Council Meeting: Noted. No action taken.
No. 5 12/06/2023 Asa Davis: Estate Drive cul-de-sac wings petition: Mr. Davis claims he has not received a response. Mr. Ellis believed there was an attempt made for a correction at the end of Estate Drive.
MOTION made by Mr. Ellis to write to Mr. Davis and ask him to reconsider what
was recommended or suggested some time ago.
There was not a second. Motion fails.
No. 8 12/11/2023 Rhode Island Department of Environmental Management Office
Of Water Resources: Notice of Solar Project proposed by Hidden Valley Solar, LLC,
in the Town of West Greenwich; Copy of plans available for viewing in Clerk’s Office: This project is on the Exeter/West Greenwich line. “Healthy trees improve the quality of
the air we breath, produce shade, moderate local temperatures, reduce storm water runoff management costs, increase property values, and reduce energy for heating and cooling.”
Mr. Lefebvre asks where does it end? When do we stop clearing forests for solar panels?
No. 12 12/12/2023 Nancy Roth: Condition of house at 28 West Shore Drive, photos,
request for action: Building Inspector Ron DeFrancesco has addressed the issues at this address.
MOTION made by Mr. Ellis to direct the Clerk to inform Ms. Roth that Mr. DeFrancesco has inspected the property and taken the appropriate action; seconded by Mr. Lefebvre.
Discussion: The property has been foreclosed on and is now owned by the bank.
Back to the Motion: Voted unanimously in the affirmative.
No. 15 12/19/2023 Rob Rock: Program Coordinator for RI 250th Commission: Request
to make presentation before Town Council to promote the creation of local 250th committees: Addressed previously this evening.
Council did not enter into Executive Session.
MOTION made by Mr. Patterson to adjourn the meeting; seconded
by Ms. Allen; and voted unanimously in the affirmative.
The Regular Meeting was adjourned at 8:22 p.m.
The next Regular Meeting of the Exeter Town Council is scheduled for
Monday, February 5, 2024, at 7:00 p.m.
Respectfully submitted,
Lynn M. Hawkins, CMC
Exeter Town Clerk
Approved: February 5, 2024