MINUTES
EXETER TOWN COUNCIL
SPECIAL MEETING
JULY 29, 2024
Council led the Public in the Pledge of Allegiance.
The Special Meeting of the Exeter Town Council was called to order at 7:00 p.m., on Monday, July 29, 2024, in Council Chambers, Exeter Clerk’s Office, 675 Ten Rod Road, Exeter, Rhode Island.
Roll Call: Daniel W. Patterson No - Vacation
Michael A. Lefebvre Yes
Diane Bampton Allen Yes
Olivia DeFrancesco Yes
Calvin A. Ellis Yes
Also Present: Lynn M. Hawkins, Town Clerk
Maria Lawler, Town Treasurer
Kenneth G. Findlay, Council Assistant
MOTION made by Mr. Ellis to suspend usual sign-up protocol for this public hearing so that people may have the opportunity to speak as we go forward even if they have not come forward at this point; seconded by Ms. Allen; and voted unanimously in the affirmative.
MOTION made by Mr. Lefebvre to open the Public Hearing; seconded by Ms. Allen;
and voted unanimously in the affirmative.
Mr. Ellis: This question has been put on the ballot a few times and failed. Things change. Maybe the time has come to have the possibility of a Town Manager “as a tool in the toolbox,” should a future Council wish to move a Town Manager forward. A salary would have to be proposed for vote at Financial Town Meeting. If it is approved, a Town Manager could be hired. If not, it goes back in the tool box. A Town Manager, for example, could be the point person for the renovations to the new building acquired by the Town.
Mr. Lefebvre: There are many day-to-day activities in Town government. Someone is needed to provide direction. Council meets once a month. Most have jobs and are not available enough during the day. Many things get “kicked down the road.” Things take longer than they should. It would be helpful to have someone available on a daily basis. Take for example APRA requests, there are an overabundance of them. The Town Clerk is designated as the Town’s Public Records Request Representative. A future Town Council could designate a Town Manager instead and relieve her of that responsibility freeing her time for her other duties.
There are countless duties a Town Manager is needed for, such as interviewing. The Town has extremely hard-working department heads and employees. To replace them is not guaranteed. They are a very efficient, a skeleton crew.
Ms. DeFrancesco: A Town Manager is needed for all the reasons Mr. Lefebvre stated and because all the day-to-day fall on the Town Clerk or the Town Treasurer and others. It is not their job. It adds extra stresses and strain. Put the question out to the voters whether they want
a Town Manager or not.
Ms. Allen: Is opposed to a Town Manager because he or she will cost too much money and to have one is premature. In the future, maybe. The Town just bought a new building, which is going to cost a lot to renovate.
Asa Davis, Resident: Agrees the Town needs a manager, someone to supervise government personnel and assist Council with its duties. The taxpayers need someone to help make things right. He listed complaints he has filed with the Ethics Commission, Attorney General’s Office, the Department of Environmental Management, among others, regarding various elected officials and town staff. The position should be elected, not appointed, should have supervisory and enforcement abilities, even over Council, and should not report to Council. Organizational change does not come from within. If there is bad behavior, the Town Manager being appointed will only continue it. Recommends a Town Manager: 1) be elected not appointed; 2) have supervisory abilities and review council actions on behalf of the taxpayers; 3) and be paid from the Discretionary Fund.
Marybeth Cournoyer, Resident: In support of exploring the concept of a Town Manager. The Town could benefit with defined roles, efficiency, and transparency. For too long, the Town has pieced together a process that begs a larger solution. A Town Manager could provide day-to-day guidance, clarify questions or concerns, and be hands on. The Town’s exceptional employees step beyond their roles. Allow them to do the scope of their jobs and the whole Town wins.
Mary Sommer, Resident: In support of a Town Manager. Let the question go to the public.
Ernest Balasco, Resident: Thanked this bi-partisan Council for coming together to present this to the Town. Hearing Mr. Davis’ comments is more reason why we need a Town Manager. He has never heard of a Town Manager not reporting to Council. Let the public decide.
Mr. Ellis: Noted that he does not know of an IRS case against him. He has no idea what Mr. Davis is talking about. It is something he must be pursuing. Traditionally, typically, a Town Manager is appointed. There are very few elected town managers. Many of the Town positions were elected and are now appointed.
Mr. Lefebvre: It seemed to him that the voters would be disappointed if Council had no control over the Town Manager. It would be the wrong direction to have him or her elected. The Town is moving away from that.
Howard Allen, Resident: One should never take one man’s opinion. That is why the Council is five. They are doing a good job. It is good to have other views.
b. “Shall Article VII, Section 703, of the Town Charter be amended to change the composition of the Conservation Commission from a seven (7) member to a five (5) member board?”
Requests for letters of interest has been posted for a very long time. It is difficult to get volunteers as a rule. It is even more difficult to get a set number of members all at once.
A member of the public suggested that this change be made. Thanks to a survey circulated
by the Comprehensive Plan Committee, six residents are currently interested.
c. “Shall Article V, Section 505(c), Purchasing and Accounting Control, of the Town
Charter be amended to remove language that restricts Town compliance with Rhode
Island General Laws when amended, and the ability to revise the Town purchasing ordinance?”
When the Town Charter was first drafted, it took language from State law. Every time the State changes its language, the Town Charter has to be changed, which can only happen every two years, leaving the Town out of compliance. There have been recent changes in State law. This Charter change would allow the Town to make the changes by changing the ordinance when necessary, keeping the Town in timely compliance.
d. “Shall Article III, Section 301(b), and Article V, Section 507 of the Town Charter
be amended to address procedures for any non-budgetary grants, gifts, and other such
unanticipated funds received by the Town?”
Mr. Lefebvre: The Town needs guidance, rules, and transparency on how to handle these funds.
Ms. Lawler: Currently, per the Charter, all income and expenses have to be presented at the Financial Town Meeting. There are instances where funds come in that are not anticipated at
the time of Financial Town Meeting. The current Charter does not address these funds that come in during a fiscal year. This change safeguards these non-taxpayer funds and allows
them to be spent as and when intended. Grants and gifts can be encouraged because they can
be obtained and spent in accordance with the terms. Currently, if the funds are granted but have to be expended before Financial Town Meeting, the Town will lose them. This change will allow the funds to come in, be managed, and be spent.
Ernest Balasco, Resident: Per Ms. Lawler’s comments, that is another reason for a Town Manager. There is a lot of money being left on the table.
Asa Davis, Resident: Regarding unanticipated funds, the Charter should not be amended to allow Council the authority to make huge expenditures without oversight or supervision. There is no language in this change that requires spending of unanticipated funds for anything other than what they are intended. The same is true for unanticipated non-budgetary funds received during a fiscal year. It becomes Town Council’s discretion to spend them how they like. The Discretionary Fund is already being misused for such expenditures as Department of Environmental Services remediation and fee refunds. Large amounts should go to the public
for voting on spending it or towards reducing taxes. This should be adjusted to reflect that earmarked funds received from awards or such may be spent on the purposes they are intended; otherwise, they should go to the Town’s General Fund and be included for voting on at the next Financial Town Meeting.
Mr. Findlay: Non-budgetary and unanticipated funds do not fall under a budgetary item, such as Planning Board Fees. With this change, the funds can be collected and a process followed.
Mr. Davis: The change should be rejected as written or reworded to reflect that grants for funds that come in and are earmarked for a specific purpose be spent for that purpose. Funds received but not earmarked should go to the General Fund for consideration or spending by the voters at the Financial Town Meeting. This would include funds like solar permit fees and make sure they are included as Town revenue and that they receive proper consideration at the Financial Town Meeting.
Mr. Findlay: Suggested that language be added under Revisions, Sections 301, at the end
of the last sentence: “…and are designated for a specific purpose.”
Mr. Davis: Mr. Findlay’s suggestion is a huge step in right direction.
Marybeth Cournoyer, Resident: She feels her voice is being heard, even though it is just her opinion. She helps to get people elected to represent her voice. They are the composers elevating her voice. Choices are being made that represent the best interest of the town and
not for personal pursuit. Through the election process, voices are heard and choices are made
on the Town’s best behalf.
Mr. Balasco: Good suggestions tonight. Working it out.
Ms. Lawler: When grants come in, they have to be spent. The funds are put in a liability account not income. She wanted this language so gifts, grants, and donations can be received and processed during the fiscal year and not lose them because they have to wait for Financial Town Meeting.
Mr. Davis: Revenue would not fall under this change. Mr. Findlay’s language suggestion should also be at the end of Section 507.
Mr. Ellis: Are the auditors contacted when there are questions on how to proceed?
Ms. Lawler: Yes, but mostly there is clear guidance.
Mr. Lefebvre: Reasonably speaking, the Town is being as transparent as it can be.
MOTION made by Mr. Lefebvre to close the Public Hearing; seconded by
Ms. DeFrancesco; and voted unanimously in the affirmative.
MOTION made by Mr. Lefebvre to vote to send the four Charter questions, amending
the end of the Revisions, Sections 301 and 507, to include “…and are designated for a specific purpose.” to the Board of Canvassers to send to the State to be put on the
General Election ballot; seconded by Ms. Allen; and voted unanimously in the
affirmative.
MOTION made by Mr. Ellis to adjourn the meeting; seconded by Ms. DeFrancesco;
and voted unanimously in the affirmative.
The Special Meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Lynn M. Hawkins, CMC
Exeter Town Clerk
Approved: August 5, 2024