Minutes
Monday, July 17 2023 at 6:30pm
Special TOWN COUNCIL Meeting
Town Hall – Council Chamber
Barrington, RI
Attachments can be found: https://clerkshq.com/barrington-ri
Video: https://vimeo.com/showcase/9672722
Present: President Carl P. Kustell, Vice President Robert Humm, Councilwoman Kate Berard, Councilwoman Annelise Conway and Councilman Braxton Cloutier
Also, Present: Town Manager Phil Hervey, Assistant Town Solicitor Amy Goins, and Town Clerk Meredith J. DeSisto
Department Heads: Police Chief Michael Correia and Tax Assessor Jay Drew
Council President Kustell called the meeting to order at 6:30 P.M.
President Kustell led us with the Pledge of Allegiance.
AGENDA # 3 LAND ACKNOWLEDGEMENT:
(Approved at the Town Council meeting on December 6, 2021. Read into the record by President Kustell.)
“Aquene (Peace) We recognize the unique and enduring relationship that exists between Indigenous Peoples and their traditional territories. We acknowledge that we are in the ancestral homeland of the Pokanoket Tribe within the original territory of the Pokanoket Nation. We commit to ongoing efforts to recognize, honor, reconcile and partner with the Pokanoket people whose ancestral lands and water we benefit from today. Aquene (Peace)”
AGENDA #4 DISCUSS AND ACT: MEMORANDUM OF AGREEMENT: POLICE SUPERVISION COVERAGE
TM Comment: Requesting approval of a memorandum of agreement reducing the minimum tenure required for an officer to serve as an officer in charge, from 5 to 3 years. Chief Correia recommends approval of this amendment.
OPENING OF DISCUSSION:
Police Chief Correia was present for the discussion regarding the minimum tenure requirements.
Motion by Vice President Humm and seconded by Councilwoman Conway to approve the memorandum of agreement between the Town and the International Brotherhood of Police Officers Local 351 reducing the minimum tenure required for an officer to serve as an officer in charge, from 5 to 3 years, as presented. The motion passed 5-0-0-0 in favor, President Kustell, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier; no one opposed, no recusals and there were no abstentions.
AGENDA #5 DISCUSS AND ACT: APPROVAL OF THE TOWN COUNCIL REGARDING A TOWN-WIDE PROPERTY REVALUATION BID
TM Comment: In order to complete the State-mandated full revaluation by the spring of 2024, the Town recently issued a request for proposals. The Town received bids from two qualified firms – Northeast Revaluation (a division of Catalis, Inc.), in the amount of $308,000, and Tyler Technologies, at a cost of $425,000. Tax Assessor James Drew determined that both bids met the bid specifications. The Town recommends contracting with Northeast Revaluation, the low bidder. Northeast also has completed the most recent revaluations for Barrington in recent years, including the 2014 full revaluation, and the 2017 and 2020 statistical updates. The Town has an available balance of $572,627 in the Revaluation capital reserve account.
OPENING OF DISCUSSION:
Assessor Jay Drew was present for the discussion and stated that this is a mandatory full revaluation process which occurs every nine (9) years.
Councilwoman Conway questioned the difference between a statistical revaluation and that of a full revaluation. Assessor Drew stated that a full revaluation is when the appraiser reviews an on-site assessment versus a statistical revaluation compares statistics of other homes in the area with sales data etc.
Motion by Vice President Humm and seconded by Councilwoman Conway to accept the bid from Northeast Revaluation, a Division of Catalis, Inc., to complete the 2023 Full Revaluation Project at a cost of $308,000, to include an additional 15 percent contingency. The motion passed 5-0-0-0 in favor, President Kustell, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier; no one opposed, no recusals and there were no abstentions.
AGENDA #6 DISCUSS AND ACT: FLAG SCHEDULE AND PROPOSED SECOND FLAGPOLE
TM Comment: This agenda item addresses two issues – the annual approval of the schedule of flags to fly at Town Hall, and the potential installation of a second flagpole at Town Hall for Council-approved flags.
1. Flag Schedule: The Council in recent years has voted on the schedule for flags for the flagpole at Town Hall. The Council last voted in July 2022 to approve the following:
· Flag for First Responders, September 2022
· Breast Cancer Awareness, October 2022
· Barrington Believes Black Lives Matter, February 2023
· Autism Awareness, April 2023
· Armenian flag, April 24, 2023
· Pride, June 2023
The motion below is based on the schedule the Council approved in 2022.
Motion 1: To approve the development of a conceptual plan to create new public space and install a second flagpole at Town Hall, located at the northeast corner of the building.
· Flag for First Responders, September 2023
· Breast Cancer Awareness, October 2023
· Barrington Believes Black Lives Matter, February 2024
· Autism Awareness, April 2024
· Armenian flag, April 24, 2024
· Pride, June 2024
2. Second flagpole: The use of the flagpole at the Town Hall Veterans Memorial for flags other than the American flag and the POW/MIA flag has been debated in recent years. Currently there is no option to fly the Council-approved flags other than at the Veterans Memorial. A second flagpole in a new location would provide a dedicated public space for special events. Wood’s Pond
The Town Hall/Library campus is shown in the aerial below.
If there is support for the second flagpole, a potential location of this new public space that should be considered is outside the northwest corner of Barrington Town Hall, between the front walkway and the building. This would require removal of vegetation and the relocation of a sign that says “Town Hall” and points to the adjacent parking area.
Process: A landscape architect will be needed to develop the plans for Town review. The concept should be referred to boards and commissions for input, including the Planning Board and TRC, and the DEI Committee. The concept would then be referred to the RI Historical Preservation and Heritage Commission for approval, as required under the State’s historic preservation easement it holds for the Town Hall/Library property.
Cost: I would anticipate the cost to complete the concept and provide oversight of the construction could total roughly $3,000. The cost of the flagpole would likely range from $5,000 to $7,000, plus shipping costs. Installation would be extra (to be determined). Benches cost around $2,000 apiece. Adding lighting and power to this space could cost $2,000 to $3,000. Installing hardscape (such as pavers) for the northwest corner space depends on the size of the space. Estimated total budget: $25,000 to $30,000. Potential funding sources: Council Contingency and ARPA funds.
Motion: To authorize up to $3,000 from the Council Contingency for the development of conceptual plans for a second flagpole at Town Hall, to be referred to the Planning Board and TRC, and the DEI Committee for input and recommendations.
More information:
· Flag code: https://www.law.cornell.edu/uscode/text/4/7
· Flagpole examples:
https://www.united-states-flag.com/architectural-series-50-ft-satin-pole.html
https://www.united-states-flag.com/architectural-series-45-ft-satin-pole.html
https://www.flagpolestore.com/products/hurricane-series-flagpoles.html
https://flagpolesetc.com/flagpoles/aluminum/aluminum-commercial-external-halyard-flagpoles
· Photo illustration of a flagpole at the northwest corner of Town Hall
· Aerial views of potential second flagpole location
Motion: To authorize up to $3,000 from the Council Contingency for the development of conceptual plans for a second flagpole at Town Hall, to be referred to the Planning Board and TRC, and the DEI Committee for input and recommendations.
OPENING OF DISCUSSION:
President Kustell gave a brief overview of the history with the raising of the United States Flag, MIA/POW flag and the State of RI’s flag, as well as the raising of additional flags and the motion that was passed in 2022.
President Kustell said that this evening we will hold public comment to hear the views on a secondary flagpole. He believes that the prior council had the intent to make those that felt historically marginalized in some way and who have not always had the benefit of all the rights and protections embodied in the US Constitution under our laws, with a small gesture to say, that we could make their constitutional protections as American citizens “real” in this community.
President Kustell mentioned that once a year on April 24th Barrington flies the Armenian flag. He explained that technically we have a dual use flagpole. He said it is a violation of the flag code to put a national flag of any other country under the US flag. He said that you have different purposes, between a veteran’s flagpole, and the flagpole that is expressing our values as elected representatives in the community or you can say the community’s values through its elected representatives and those values get talked about and voted over every two years when a new council election occurs. He said I see them as having different purposes. He said that there are two ideas, that we would have the ability to honor our heroes who served this country and list their lives and also reach out to marked marginalized communities and make sure that they have the full benefit of being Americans in this community.
President Kustell asked for comments regarding a proposal for an additional flagpole, one that he thinks that the clarity of a move can create a well seen display from different areas from the street with a proper display, in consultation with the proper board and commission and actually protects the ability of this town, and this council, to make these welcoming statements and inclusive statements in the future.
President Kustell said that we have a separate purpose of Veterans Memorial, it is something just like, if you have ever been to Washington with the Vietnam Memorial, as you approach it, there is an element that stirs within you. Here, with regard to a lot of historically marginalized communities, we want to make a statement for the world to see and so he really thinks that they are different purposes.
PUBLIC COMMENT:
Geoff Grove, 16 Robbins Drive, said that in 2015 when the Council flew the Armenian flag and his thoughts at the time (happy for his mother, for she was of Armenian descent) did not think if that was the legal thing to do. And now in retrospect it should not have flown. He said that he did not think it would happen every year because it was the 100th Anniversary of the Armenian Genocide. He believes it (flying flags) is a personal thing and something that should be done at their own homes because you are not going to find something that represents everyone in town. So, he said that the best position that the Town should take is to only fly approved national, state and POW flags.
Bill Groves, Vice President of the Barrington Veterans Council, said he came here this evening with the understanding that there would be a second flagpole to be put in a specific area that is appropriately away from the honor roll and from the flagpole at the Barrington Veterans’ Memorial but on town property.
Janine Wolf, 5 Atlantic Crossing, said that she objects to the second flagpole but is in favor of the US, State and town flags. Ms. Wolf discussed her views on Black Lives Matter, an international movement that stand against American values. She questioned why we must make these political statements.
TR Rimoshytus, 1 Howard Street, said that we have been doing this for years. He suggested to do away with the other flags at the Memorial and leave it with the flags of the US, POW and state flags. He said that you go to any state building and there are no other flags except the three(as mentioned). He suggested placing additional flagpoles at Wood’s Pond or he suggested, do what the State House does and use LED lights.
Lisa Daft, 5 Robbins Drive, said that she supports TR Rimoshytus. She said that she is frustrated because two of her requests to fly flags were denied, one for suicide veterans and the other with mental health awareness. She said it was a battle just to fly the Autism flag. She said that the flag meeting to discuss additional flag raisings, she was told, was only once a year but she thought that the flagpole was open to free speech. She said it is only for the 5 people up there and what they want to fly.
Eric Widman, 20 Primrose Hill Road, is not in favor of another flagpole.
Councilwoman Conway asked for clarification between freedom of speech and government speech and highlights from the case involving the Boston City Council and the impact for us to fly our flags. She inquired how many applications have been received.
Assistant Solicitor Goins said that an attorney client privilege confidential memo was sent to the Council last May. She said that she would resurrect the memo and forward it to the Council. She said that our opinion had not changed.
Assistant Solicitor Goins explained that one can submit a request but that a Council Representative must sponsor the flag raising and at a meeting of the Council a vote would need to take place.
Town Manager Hervey discussed forming an ad hoc committee, and he said, that an additional flagpole may require the state to become involved which will require their approval. He said that there is a preservation easement on this land because of a grant in 2005 for the slate roof installation. He explained that the grounds include the library, Woods Pond and the proposal for an additional flagpole would need to be presented to the Commission. Town Manager Hervey discussed his illustrations within his Town Manager memo.
Councilwoman Conway discussed her thoughts about a second flagpole. She said that she once lived in North and South Carolina at very different time and in very different communities. She said that one thing she learned is “separate is not equal.” She said another thing she learned is that a lot of statues and symbols are put up not to celebrate but to intimidate others. She said that she has thought hard about a second pole because she said she does not like the division that it causes and she said she does not like the internal struggles that we seem to have as a town, we forget that the American flag does stand for all of us but she said I really appreciate hearing when people say it would be difficult to find a flag that represents all of us. She said that people have now rejected the poles that have recently been installed. She said she would be reluctant to put more poles up or go through an additional design process where we are discussing how we could put another pole in a different place and spend money and time. Councilwoman Conway discussed how a naval warship who celebrated a midshipman who is a member of the LGBTQ community. She read aloud a quote that said, “those who struggled in the past those persevering today, and those who plan to serve in the Navy tomorrow, we see you, we hear you and we respect and value you and appreciate your service and sacrifice to our nation.” She asked, “if a warship could recognize and integrate a community and celebrate a community”, she said that she has a difficult time justifying why we can’t have the same celebration taking place over our Veterans Memorial. She stated that she does not support a second flagpole. Councilwoman Conway said that we as a country are losing rights faster than we are gaining them and if we as a community take down a flag that has been flying for the last four years then she said we are making a statement that we really don’t want to be making in this community. Councilwoman Conway stated that the Pride flag is flying at each one of our schools. She said that people lost their lives fighting against racism and Nazism and communism and all that limited people’s ability to live freely, so restricting and taking down flags moving them to other places, going through a design process and talk about how we can comfort people who are not tolerating a certain circumstance because they are limiting their view of the world in a context of a time when women are losing their rights and where if you are transgender (in the south) you are limited to the level of healthcare you can get regardless of what your parents want to do for you then I do not support a second flagpole.
Councilwoman Berard echoed Councilwoman Conway. She said that she originally thought that two flagpoles would solve a lot of problems. She said that this is not the time to move something and downgrade something. She said I think both of these harmoniously stand together, and it is important to me, such as when she spoke of the parade, the idea of melding these together. She said it is something that she does not want separated. She said we have mental health awareness in May, and she believes that this is what government speech is made for, and that it is our flag and where these statements belong. She discussed how the town is on a budget and we are in need of a lot of things (fields infrastructure and re-evaluation and hiring more police/firefighters) but not putting up another flagpole when she believes what we have already suffices.
Vice President Humm said that the comments from Councilwoman Conway and Berard are excellent. He said that he sees why flags, regardless of what the flag is, are so important to people and how they provide meaning and value and benefits to people and that they are a form of free speech. But there are other ways to represent the meanings behind those flags. He said that he is not opposed to the idea of a second flagpole and the exploration of it, but I am not thrilled about it.
President Kustell briefed the Council on why a meeting is held annually. He said that he likes the idea of not a second flagpole but three prominent polls so that the American flag is right next to Black Lives Matter flag and the Armenian flag and the Pride flag. So, the idea of separate, and he said that he is very, very sensitive to the issue but we certainly have known for a long time separate but equal is unequal. He said that it is obvious from the sense of the council that there aren’t votes for that (a second flagpole) on this council.
President Kustell opened the discussion of the flag schedule. He said if the Council wants they can approve a flag schedule, an annual flag schedule that will stand unless and until amended by a future council.
Discussion ensued regarding the flying of the Armenian flag - no other national flag of any country should not be flown under the American flag (per flag code) and discussion regarding the Black Lives Matter flag - the flag stands for the movement for black equality and not defined by its founders. President Kustell stated that he is in favor of flying a flag regarding mental health awareness as well as a flag for Veterans who have committed suicide is an extremely worthy cause.
Discussion ensued regarding moving the Armenian flag, as the Town did with the Ukrainian flag to the Public Safety Building at the beginning of the Russian invasion.
Lisa Daft, 5 Robbins Drive, thanked those on the Council acknowledging the Mental Health Awareness flag.
Discussion ensued regarding the process to file an application to raise a flag (Code Book: Chapter 104).
Stephanie Whidman, 20 Primrose Hill Road, said that she supports what she heard this evening. She stated that she supports honoring veterans and supports marginalized communities.
Bill Groves, 7 Manor Road, stated that he thought a second flagpole would resolve this issue and maybe it should not be called a Veterans Memorial it seems that there is a loss of respect with putting all kinds of political or semi political banners at the Veterans Memorial. He said that the Veterans Memorial should only have the American flag, the POW flag the state flag and the town flag. He said that other communities do not seem to have this issue.
Janine Wolf, 5 Atlantic Crossing, discussed the Town’s Charter regarding special interest and partisan flags being flown in town.
Lisa Daft, 5 Robbins Drive, suggested to fly the flags of the American flag at the front door of the Town Hall.
TR Rimoshytus, 1 Howard Street, said that he is not here to apply for any flag, because he does not think it is right, but suggested putting a time limit on flying flags.
Councilwoman Berard spoke that we have heard from different sets of veterans, one seeing that flying other flags is a form of disrespect, but she said we heard from another set of veterans and their families and flying these flags are seen as a form of celebration and respect for the community. She said that there is a division, and she sees that the town’s intent is not to create more division. She said when I see an Autism flag, neurodivergent people who serve our country, she said when she sees Pride, she said there is certainly transgender, lesbian, gay people who serve in our military, she said when she read mental health and all the veterans who have committed suicide and she finds them to be nonpartisan and not politically motivated. She continued how she reads each flag, and believes the list is carefully curated, in her opinion, to be a nonpartisan effort. She said that she is sorry that Mr. Groves feels that it is disrespectful. She said that I have a good understanding of our history, and this is a way for our community to have free speech that is inclusive and not divisive, and you can have the flag and the town’s message with a Veteran’s Memorial and celebrate both.
Discussion ensued regarding the fact that Warwick, Newport and Cranston all fly the Pride flag, including the RI Statehouse.
Janine Wolf, 5 Atlantic Crossing, commented on the political mindset in which they read from the same newspapers that have the same political mindset and watch television shows that convey that same political mindset that you believe that your politics are not partisan, but they are. She stressed that you do not speak for everyone and there is a tendency to just only see your own view and to villainize anybody who has a different view.
Heather Ryan, 99 Rolfe Street, said that she has lived in this town for over 31 years and spoke on how this town has never been divided as it is today. She stated that no flag should be flown at the Veterans Memorial besides the American flag. She said we are being divided by flags but if it helps to unite our town, put the second flagpole up.
Eric Whidman, 20 Primrose Hill Road, said that flying flags has not caused the division.
President Kustell closed the Public Comment.
Motion by Councilwoman Conway and seconded by Councilwoman Berard to approve the following schedule for future years for flags at Town Hall
· Flag for First Responders, September
· Breast Cancer Awareness, October
· A return to the original Black Lives Matter (which was flown in 2020), February
· Autism Awareness, April
· Mental Health Awareness flag May
· Pride, June, for a period of one (1) month only
· With the Armenian Genocide flag flying on April 24th (that one day only), at the Public Safey Building on the second flagpole there.
The motion passed 5-0-0-0 in favor, President Kustell, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier; no one opposed, no recusals and there were no abstentions.
EXECUTIVE SESSION IN ACCORDANCE WITH RIGL:
· §42-46-5 (a) 2) Litigation: RI State Association of Fire Fighters et al. v. DOH et al. C.A. No PC-2021-5780
· Discuss Executive Minutes from June 5, 2023, for placement on the Town Council agenda for July 24, 2023.
Motion by President Kustell and seconded by Vice President Humm to move into Executive Session at 8:26pm in accordance with RIGL: §42-46-5 (a) 2) Litigation: RI State Association of Fire Fighters et al. v. DOH et al. C.A. No PC-2021-5780, and Discuss Executive Session minutes from June 5, 2023, for placement on the July 24, 2023, Town Council meeting agenda. The motion passed 5-0-0-0 in favor, President Kustell, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier; no one opposed, no recusals and there were no abstentions.
Motion by Vice President Humm and seconded by Councilwoman Berard to reconvene into Open Session at 8:32pm and that one (1) vote was taken, and was unanimously approved to sign the voluntary Dismissal Stipulation Agreement between the RI State Association of Fire Fighters et al. v. DOH et al. C.A. No PC-2021-5780. The Executive Session Minutes are to be sealed. The motion passed 5-0-0-0 in favor, President Kustell, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier; no one opposed, no recusals and there were no abstentions.
ADJOURN:
Motion by Vice President Humm and seconded by Councilman Cloutier to adjourn the Open Session at 8:34pm. The motion passed 5-0-0-0 in favor, President Kustell, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier; no one opposed, no recusals and there were no abstentions.
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Meredith J. DeSisto, CMC, Barrington Town Clerk