AN EXECUTIVE MEETING OF THE TOWN COUNCIL

Present: Vice President Robert Humm, Councilwoman Kate Berard, Councilwoman Annelise Conway and Councilman Braxton Cloutier

Also, Present: Town Manager Phil Hervey, Town Solicitor Mike Ursillo, Human Resources Director MariAnn Oliveira and Town Clerk Meredith J. DeSisto

Absent: President Carl Kustell

1. Vice President Humm called the Town Council meeting to order at 6:35pm.

2. Executive Session in Accordance with RIGL

· 42-46-5 (a) (2) Collective Bargaining: United Steelworkers, AFL-CIO-CLC, Local 14845

Motion by Councilman Cloutier and seconded by Councilwoman Berard to move into Executive Session at 6:35pm in accordance with 42-46-5 (a) (2) Collective Bargaining: United Steelworkers, AFL-CIO-CLC, Local 14845. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell.

Motion by Councilwoman Conway and seconded by Councilman Cloutier to close the Executive Session at 6:51pm and reconvene the Open Session. The minutes will reflect that during the Executive Session that a motion was made and that one (1) vote was made. The minutes of the Executive Session are to be sealed. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell.

Adjourn:

Motion by Councilwoman Conway and seconded by Councilman Cloutier to adjourn the Open Session at 6:51pm. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell.

Followed by:

AMEY TUCKER SPENCER TRUST FUND MEETING

TOWN COUNCIL SITTING IN THEIR CAPACITY AS TRUSTEES

(Minutes will be approved at a Spencer Trust meeting at a later date.)

Followed by:

TOWN COUNCIL MEETING

Present: Vice President Robert Humm, Councilwoman Kate Berard, Councilwoman Annelise Conway and Councilman Braxton Cloutier

Also, Present: Town Manager Phil Hervey, Town Solicitor Mike Ursillo, and Town Clerk Meredith J. DeSisto

Department Heads: Business and Finance Director Kathy Raposa, Department of Public Works Director Alan Corvi, Fire Chief Gerald Bessette, Human Resources Director Mari-Ann Oliveira, Library Director Kristin Chin, Police Chief Michael Correia, Recreation and Senior Services Director Michele Geremia, and Tax Assessor Jay Drew

Absent: President Carl P. Kustell, and Director of Planning, Building and Resilience Teresa Crean

Council Vice President Humm called the meeting to order at 7:05 P.M.

Vice President Humm led us into the Pledge of Allegiance.

AGENDA # 3 LAND ACKNOWLEDGEMENT:

(Approved at the Town Council meeting on December 6, 2021. Read into the record by Vice President Humm.)

“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 ITEM #4: Announcements (Town Manager Phil Hervey)

· November 7, 2023, Special Election: Combined Polls at Barrington High School (101 and 106), Barrington Middle School (102 and 103) and Hampden Meadows (104 and 105 7:00am – 8:00pm. Schools closed

· November 10, 2023, Veteran’s Day: Town Hall, Peck Center, and DPW are closed. Refuse and recycling will be on your normal collection day. The Barrington Public Library is closed Friday, November 10th and Saturday, November 11^th. Barrington Public Schools are closed Monday, November 13, 2023.

· Sunday November 12^th at 1:00pm and Wednesday, November 16^th at 6:30pm: DEI Film Screening and Discussion: “Be Water” a documentary about the life of the legendary Bruce Lee at the Barrington Public Library -registration recommended.

· November 23-24, 2023, Thanksgiving Holiday: Town Hall, Peck Center, DPW and Schools are closed. Refuse and recycling normal collection day is moved to the next day for the week. Barrington Public Library is closed Wednesday, November 22^nd at 12:30pm, Thursday, November 23^rd and Friday, November 24^th.

· Friday, November 24^th: Day after Thanksgiving Walk at Johannis Farm Wildlife Preserve 11:00am.

· December 2, 2023, Barrington Tree Lighting: Children’s activities from 2:00pm – 5:00pm. Santa arrives at 3:45pm.

· Tree Planting & Removal: October 1, 2022- September 30, 2023– 99 trees removed/ 100 trees planted.

DISCUSS AND ACT ON THE CONSENT AGENDA:

All items with an asterisk (*) are routine by the Town Council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so request, and the request is for good cause in which event the item will be removed from the consent agenda and will be considered in its normal sequence on the agenda.

Vice President Humm asked if any council member would like to remove an item off the Consent Agenda.

Vice President Humm requested to remove agenda item # 6 Reappointments to Boards and Commissions for recusal.

Motion by Councilman Cloutier and seconded by Councilwoman Berard to accept the Consent Agenda, Items #5 – #14, except for agenda item #6 Reappointments to the Boards and Commissions presented. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

Councilwoman Conway served as lead due to Vice President Humm’s recusal with Agenda item #6 Reappointments to Boards and Commissions. Councilman Cloutier requested to table the reappointments of the Juvenile Hearing Board until the next meeting of the Council on Monday, December 4, 2023.

Motion by Councilman Cloutier and seconded by Councilwoman Conway to table the reappointments of the Juvenile Hearing Board until the next meeting of the Town Council on Monday, December 4, 2023. The motion passed in favor 3-0-1-1, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, one (1) recusal, Vice President Humm, and one abstention, President Kustell.

*AGENDA ITEM #5 ACCEPT RESIGNATIONS:

It was voted to accept the following resignations. See the full motion accepting the Consent Agenda above.

· Harbor Commission: Vanessa Anderson

· Park & Recreation Committee: Patricia Driscoll

· Resilience and Energy Committee: Eric Wiesner

*AGENDA ITEM #6 APPROVE REAPPOINTMENT(S) TO BOARDS AND COMMISSIONS:

It was voted to table the approval of the reappointments of the Juvenile Hearing Board* to the meeting of the Town Council on Monday, December 4, 2023, and approve the reappointments of the Cemetery Committee, Park & Recreation Committee and Resilience & Energy Committee below. See the full motion accepting the Consent Agenda above.

· Cemetery Committee:

o Suzanne Cherau reappointed with a term expiration date of November 30, 2026.

o Erika Farrell reappointed with a term expiration date of November 30, 2026.

· Park & Recreation Committee:

o Joseph Merrill reappointed from 1^st alternate to full member with a term expiration date of December 31, 2025.

· Resilience & Energy Committee:

o Hans Scholl reappointed with a term expiration date of November 30, 2026.

· Juvenile Hearing Board: (Tabled to December 4, 2023.)*

o Jack Anderson with a term expiration date of November 30, 2026.

o Carrie Newton reappointed with a term expiration date of November 30, 2026

o Maria Crosby reappointed with a term expiration date of November 30, 2026.

*AGENDA ITEM #7 ACCEPT THE MINUTES FROM THE TOWN COUNCIL MEETINGS OF OCTOBER 2, 2023.

It was voted to accept the Town Council minutes listed above. See the full motion(s) accepting the Consent Agenda above and the motion to accept the minutes.

*AGENDA #8 ADOPT THE MONTHLY DEPARTMENT REPORTS (September ’23):

Business and Finance Director, Fire Chief, Human Resources, Library Director, Police Chief/Animal Control Official, Public Works Director, Planner/Building and Resiliency, Recreation and Senior Services Director, Tax Assessor and Town Clerk

It was voted to adopt the monthly department reports from September ’23. See the full motion accepting the Consent Agenda above.

*AGENDA ITEM #9 APPROVE ABATEMENT LIST:

It was voted to approve the Abatement List in the amount of $3,536.50 and as described therein. See the full motion accepting the Consent Agenda above.

*AGENDA ITEM #10 APPROVE SURPLUS PROPERTY: (none)

*AGENDA ITEM #11 ACKNOWLEDGE CORRESPONDENCE:

It was voted to acknowledge the correspondence. See the full motion accepting the Consent Agenda above and the motion accepting this agenda item.

· BAY Team Monthly Report

· BCWA Monthly Reports

*APPROVE ITEM # 12 ENTERTAINMENT, PRIVATE DETECTIVE AND VICTUALLING LICENSING RENEWALS

It was voted to grant, but not issue, contingent upon compliance with all state and municipal statutes and that all proper paperwork has been filed applicable to each license. See Consent Agenda motion above.

*APPROVE ITEM # 13 NEW ENTERTAINMENT LICENSE: OXFORD TAVERN INC, 286 MAPLE AVENUE, BARRINGTON, RI OWNER: ARIELLE MANCHESTER

*APPROVE ITEM #14 ROAD RACE: ST. LUKE’S SCHOOL, 24^TH ANNUAL TROT OFF YOUR TURKEY ROAD RACE (5K AND 1.5 MILES RACES) ON NOVEMBER 25, 2023, FROM 9:30AM – 11:30AM 10 WALDRON AVENUE, BARRINGTON, RI:

It was voted to approve the road race as described above. See Consent Agenda motion above.

Vice President Humm re-orders the agenda and moves agenda #24 forward:

AGENDA ITEM #24 DISCUSS AND ACT: RESILIENCE & ENERGY COMMISSION RECOMMENDATIONS: ALL-ELECTRIC TOWN BUILDINGS AND SCHOOLS, “ACTIONS TO MITIGATE NOISE POLLUTION FOR HEALTH AND WELLNESS OF BARRINGTON” (M. THORSSON)

TM Comment: The Town is in receipt of proposals from the Resilience and Energy Committee that would impact Town and School capital planning and operations, as well as create new restrictions on the use of gas-powered lawn maintenance equipment. These issues require further study as well as opportunities for public input. The Town will have experts on board to evaluate these proposals when it engages a consultant to complete a Climate Action Plan for the Town (see Request for Qualifications). I recommend referring the proposals to the Planning Department for consideration in the development of the Action Plan, which will be looking at greenhouse gas emissions reduction strategies for the Town and Schools, as well as the community as a whole.

Proposed Motion: To refer proposals from the Resilience and Energy Committee regarding all-electric Town Buildings and Schools, and “Actions to Mitigate Noise Pollution for Health and Wellness of Barrington,” to the Planning, Building and Resilience Department for evaluation and recommendation as part of the Climate Action Plan scope of work.

Resilience and Energy Chair Dr. Magnus Thorsson was not present and Dr. Hans Scholl, Vice President of Resilience and Energy stepped in to discuss this agenda item.

Dr. Scholl briefed the Council Members of the discussion at their last meeting of Resilience and Energy. He said that we went back to the Town of Barrington resilient future resolution, which is far reaching its commitment to prioritize alternatives that use green power, clean fuels, and also explore strategies to support action on climate and the goals for carbon reduction of the economic climate. He said in particular to work with the state to phase in green building codes, encouraging town departments and committees to make decisions through the lens of energy reduction and development of renewable energy options, and updating the Town's Strategic Energy Plan from 2011 and engaging in related outreach and education of town residents’ business institutions. He said that the conclusion is for the town council to replace energy efficiency, carbon emissions reduction, and renewable energy choices among its top priorities. It will reduce its carbon footprint and become a more sustainable and resilient community.

Dr. Scholl said that there were two topics that we thought would be worthwhile pursuing and our recommendation to the Town Council for implementation. He said that the first is all electric energy policy for town buildings, schools, and new construction. There has also been activity in the state house, there was the all-electric building act. He said for the Act on climate, we felt that for any new construction in town, there should be a strong move going towards all electric or electric ready buildings, and honor that standard, and also follow the future resolution intent. So, in particular, recommendations are to implement zero carbon ready building standards for all new construction of town buildings, and to maximize returns and taxpayer payer funding. Set clear, specific, measurable and time bound targets for achieving net zero cost carbon emissions for town owned properties.

He said that they would like the Town Manager to authorize the engagement of a professional to perform a cost benefit analysis of fully electrifying one building as a demonstration project. He continued by recommending that all construction proposals for both new construction and renovations of town buildings, meet requirements for full energy autonomy, with photo tag and battery energy storage systems. Dr. Scholl said and last that we insist that our new school buildings be net zero, which you're 65 to 80% less energy than traditionally constructed schools, saving the district's 10s of 1000s of dollars in taxpayer money each year. He stated that if the middle school had a solar on the roof, we would save close to $200,000 a year in in energy costs. He stated that the recommendation be that the Town Council adopt an all-electric energy policy for the town buildings, schools, and any new construction.

Discussion ensued regarding defining all-electric. Dr. Scholl explained that there wouldn’t even have a gas hook up of any kind of fossil infrastructure. He said that the building is all-electric and has a complete infrastructure. He said that you have heat pumps instead of a furnace, baseboard heat and potentially with solar. He said that this is typical with new construction and would be less expensive.

Dr. Scholl said that he did not attend the meeting last night. He said that Dr. Thorsson attended but will try to summarize noise pollution. He discussed that starting early in the morning there is considerable noise with gas powered equipment which comes with considerable health impact – a leaf blower, in general, creates a lot of small particulate contamination in the air that can impact you with additional pollutants through toxic chemicals because of leaf blowers. Dr. Scholl discussed the noise decibel levels that are at 70 decibels, that there have been many testimonials at the statehouse which included some business-landscapers that said that they can run a profitable business from other states. He suggested to slowly phase in this proposal and start with the decibel level of the equipment, followed by time restrictions of using loud equipment (during the heaviest times – spring with a restriction of 9-5pm (summertime)). He said that Phase II (Town/DPW and town contractors) would begin in 2026 by transitioning this gas-powered/high decibel equipment. Then in 2027 Phase III for residents and businesses to fully convert to equipment with less than 70 decibels regardless of the time of the year.

Vice President Humm stated that the recommendation that is in our materials is not to vote yes or no on these proposals but to refer to other town committees to look at it from a different perspective, particularly with the Planning, Building and the Resilience Committee.

Vice President Humm commented and reiterated his own position: He said he thinks that this is a noble cause with the Resilience and Energy Commission but he said that he does not support it. He said that he does not think that it should pass with respect to the noise ordinance as proposed. Because of the impact that he thinks it would have, not just on small businesses (landscapers) but on contractors. He said therefore it would have an adverse impact on residents of the community who rely on landscapers, contractors, and the domino effect.

PUBLIC COMMENT: (3 minutes per person)

Lisa Daft – 5 Robbins Drive, said that this proposal is over the top, overreaching and a little too aggressive. She said that similar proposals were brought up at the Statehouse and were not entertained. She said that we should not be setting these types of precedents here in our Town. She said that she did her own research and most equipment does not go below 75 decibels. She said some equipment does not have electric alternatives such as table saws and tile saws. Generators are very loud, can’t imagine the decibel level. Ms. Daft questioned how the police would enforce this ordinance and would neighbors begin to call out neighbors.

Ann Strong – 55 Teed Avenue said, “that as I am speaking, I am talking at 79.1 decibels.” (Ms. Strong brought in a decibel reader.) And, she said that the gentleman that made the presentation was between 68 and 75 decibels. (Ms. Strong brought in a battery-operated blower.) She said that she would not like to see the boards and commissions waste their time for something that she does not feel will pass.

David Butera, 75 Nayatt Road, discussed that his neighbor has a pool with the children in the pool at 7:00am. They have the radio playing – should we monitor them?

Fred Almeida, Lincoln Avenue said that you need to think about that landscaper/carpenter who makes low wages – it is going to hurt them.

Jim Kazounis, Massasoit Avenue, said this is a little “1984ish”. We need to think about police intervention and mandating the implementation of something when we do not even have the best technology for the product.

Janine Wolf, 5 Atlantic Crossing stated that she is opposed to the proposal. She said how one neighbor can restrict other neighbors because most recently they are working from home and cannot take the noise – go to the library and find a quiet room. She requested that this proposal should not be sent to committee and should be dead on arrival.

Magnus Thorsson, Chair for Resilience and Energy discussed the use of gas-powered lawn equipment and other noise making tools which is causing a public health concern and causing harmful noise levels with toxic emissions to a vulnerable population. This message necessitates increased public awareness and prioritization of health by both policymaker industry manufacturers and service providers. He said that more than 200 towns across the US have a restriction on leaf blowers. Dr. Thorsson said that he uploaded the policy brief that outlines the reasons for this motion, in addition to supporting evidence.

John Holmes, a contractor doing business in Barrington explained that he is a home landscaper and this is how he said he feeds his family. He said that he uses heavy duty commercial mowers to get the volume of work done if it is not raining. He said he would like to help with his footprint but the technology is just not there yet.

Brian Hughes, 20 Fairway Drive, disagreed with Dr. Thorsson’s argument regarding claims that the town could save $200,000 a year for switching from electric to solar. He explained that he owns an electric leaf blower and it lasts about 15 to 20 minutes on max power before it needs a recharge.

TR Rimoshytus, 1 Howard Street, questioned how you can mandate people to go buy an electric mower, switch my house to electricity, demand me to make a house 100% electric – it is unconstitutional. Mr. Rimoshytus questioned how you can demand that the DPW staff begin work at 9am and work until 5pm?

George Voutes, 24 Fairway Drive, said that this is not to hurt the landscaper or contractor. He commends Magnus and his team for putting together a very well thought out and powerful policy statement. He said that the Town of Barrington is under an assault by gas-powered lawn equipment, especially the insidious two stroke powered leaf blower and string trimmer. These are negatively affecting the health and well-being and quality of life across our town. He said that he cannot be anywhere in his yard without landscapers or neighbors working with a gas-powered leaf blower/string trimmer. The noise and noxious smell is overwhelming. To use my own property is being severely limited and my personal freedoms to have a reasonably quiet and reduced pollution zone is not possible. These pieces of equipment expose residents of Barrington, along with other living things, to toxic emissions, dangerous levels of airborne dust and hazardous noise levels. He said that we need to rebalance the negative effects of this equipment and update our ordinances by reducing the hours of operation to 9-5pm and limit the seasonality that these worst offending two stroke engine machines can be used as others have done in over 400 communities across the US with enacted legislation.

Laura Murphy, 71 Fales Avenue, discussed that when she is on her own property there is constant blowing from other homes with the leaves ending up on her property and on the roads because of gas powered leaf blowers. Please support this proposal for mental health and for quiet in the neighborhoods.

Henry Perreira said that the cost of this equipment is very expensive.

Jack Andrew, 107 Alfred Drown Road, said that he is 19 and has started a landscaping business here in town and has invested a ton of money. He said to hear that people want to essentially kill our business is very disheartening. He discussed the cost of this equipment and it is extremely high and they do not work as well with hardly any “run-time”. He said most important is that these batteries have been known to catch on fire! He asked are you guys equipped to put out lithium-ion battery fires? In a 20-foot enclosed trailer with three mowers? It is essentially a rolling bomb going down the street because lithium batteries do catch on fire. These are unsafe, this proposal is unconstitutional and un-American.

Clark Wescott, 10 Governor Bradford Road, said that he supports all the contractors and landscapers. He asked for clarification, if this proposed ordinance will include tile saws and compressors and chop saws? He said that electric equipment may be great but it is just not there yet.

TOWN COUNCIL COMMENTS:

Councilwoman Conway stated that she does not think this is a good recommendation and for one reason, there are a lot of electric vehicles on the road and for one good reason – there are incentives. She said that we will not switch over to electric equipment until we have better incentives. Recently we had a great program in town in which you could receive a rebate of up to $100 if you purchased an electric blower/trimmer. She said that this is dead on arrival.

Councilwoman Conway said that we do have a resilience problem in town, we need to reduce our footprint, but protect and mitigate the problems by water rising by floods and the fact the sea is about to take over the town. She said that she will push this back to the Resilience & Energy Committee to look back and see what incentives that we can provide people but not shame and hurt and blame people because that never works. Ultimately, we must come to a solution through change management.

Councilwoman Berard said that incentivizing is the way to go. She said that she didn’t agree with this phase with the private sector. She said that she would like to hear from (DPW Director) Mr. Corvi. She said if there are opportunities to upgrade, we need to try to change. She understands that someone commented that our focus should be on infrastructure – a smart point. She said she would like to discuss with Dr. Thorsson additional examples of resilience, such as, what does an electrified building look like? She commented that the Bay Spring Community Center received a grant for the building. Councilwoman Berard said in addition to incentivizing how can we inform the public about alternatives – where is the educational piece – we need that background piece.

Councilwoman Berard she said that we need to implement some sort of green code, there are definitely benefits for homeowners and incentivization for homeowners and businesses to build that way. She said that Massachusetts is looking at it in some degree and adding to the discussion around a Climate Action Plan. She said she does not want to lose some important points in the policy brief. She said that she disagrees with the decibels, and the timing. She commented that she does not use that equipment on her own lawn nor does she have time to do it and my lawn is filled with clover. She said that there were really great points with our electric grid and she does not want to completely shut down and suggested that we refer it to a discussion for a climate action plan.

Vice President Humm stated that Councilor Conway and Berard made very good points and he said that he believes you can learn things when committees who have specific interests and expertise in a particular area have an opportunity to look at something with a new lens. He would like them to address incentives and education.

PUBLIC COMMENT:

Janine Wolf, 5 Atlantic Crossing proposed that before any changes are proposed, or before any more tax dollars are spent on resiliency around the notion that climate mitigation is possible by something that we do here in Barrington; I would submit that such a Barrington specific problem must be fully recorded, documented, and compared to historical data before they use any Barrington taxpayer money. She believes that the phantom climate emergency is used to siphon taxpayer funds into special coffers.

Dr. Magnus Thorsson, 18 Ernest Street, said that he has empathy with small business owners. He said that the executive order that was signed into law on September 5^th, administered by the Office of Energy Resources offers resources for individual, operations, and municipalities. He said with incentives to switch to better equipment or less harmful equipment – there are many incentive programs. He said that there is a magazine called TURF MAGAZINE with an article from April 2023, gas versus electric operations real world cost with several advantages of switching to outdoor electric equipment, He said that he agrees, not all are ready – lawnmowers are too heavy and too expensive. Mr. Thorrson discussed details of Brown University and the maintenance department.

TR Rimoshytus, 1 Howard Street, said that Brown has multiple turf fields.

David Butera, discussed electric homes, a great idea, made with geothermal solar panels on the roof. He said that he does not think that the Town should mandate that but should consider giving tax breaks to those that would be interested in building with geothermal.

Motion by Councilwoman Berard and seconded by Councilwoman Conway to refer back to the Resilience and Energy Committee focusing on how to incentivize, how to educate and include green code implementation at Bay Spring Community Center, as an example of electric ready, electrified or net zero and to remove restrictions mitigating noise pollution. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

AGENDA ITEM #15 DISCUSS AND ACT: INTERVIEWS AND APPOINTMENTS:

· Building Board of Review: (1 vacancy: 1 full member with a term expiration date of December 31, 2024.)

o Interview: Spencer Alexander

Motion by Councilman Cloutier and seconded by Councilwoman Conway to appoint Spencer Alexander to the Building Board of Review to serve as first alternate, term ending December 31, 2024. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

· Diversity, Equity, and Inclusion Committee: (2 vacancies: 1^st and 2^nd alternates with a term expiration date of September 30, 2026.)

o Interview: Candace Baer, Qi Chen (did not attend) and Amy Hogarth (withdrew)

Motion by Councilwoman Conway and seconded by Councilman Cloutier to appoint Candace Baer to the Diversity, Equity, and Inclusion Committee to serve as 1^st alternate, term ending September 30, 2026. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

· Planning Board: (1 vacancy: 2^nd alternate with a term expiration date of May 31, 2024.)

o Interview: John Mueller

Motion by Councilwoman Conway and seconded by Councilman Cloutier to appoint John Mueller to the Planning Board to serve as 1^st alternate, term ending May 31, 2024. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

AGENDA ITEM # 16 DISCUSS AND ACT: RESOLUTION(S): (NONE)

AGENDA ITEM # 17 DISCUSS AND ACT: ORDINANCES

· INTRODUCTION:

o 2023-11 An Ordinance Amendment to Chapter 33 Personnel Policies; Article V Attendance and Leave; §33-34 Military duty leave

TM Comment: In 2004 the Town Council voted to give full-time employees on active military duty health insurance and pay differential. This policy should have been put into an ordinance, which is why we’re asking the Council to introduce Ordinance No. 2023-11 and schedule the public hearing for the Dec. 4^th Council meeting.

Human Resources Director Mari-Ann Oliviera was present for the introduction of ordinance 2023-11 An Ordinance Amendment to Chapter 33 Personnel Policies; Article V Attendance and Leave;

§33-34 Military duty leave. She explained that this ordinance was discussed in 2004 with a motion to adopt but was never codified. She explained that back in 2004 the council voted to provide health care coverage and pay a differential for all full-time town employees that are called to involuntary active military duty whether it is in the state or overseas.

Motion by Councilman Cloutier and seconded by Councilwoman Berard to introduce Ordinance #2023-11, an Ordinance Amending Chapter 33 Personnel Policies; Article V Attendance and Leave - §33-34 Military duty leave, and to schedule a public hearing for Monday, December 4, 2023. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell.

o 2023-12 An Ordinance Amendment to Chapter 185 Zoning

· TM Comment: The Town needs to update the Zoning Ordinance to comply with new State laws going into effect January 1, 2024. Zoning Ordinance amendments require Town Council adoption following a public hearing. There are also revisions the Planning Board will need to make to the Town’s Land Development and Subdivision Regulations (no Council action required). Ordinance No. 2023-12 would enact the Planning Board’s recommended Zoning Ordinance amendments. The motion would introduce the ordinance and have the hearing take place at the Dec. 4^th Council meeting.

For more, please see the memorandum from Teresa Crean, Director of Planning, Building and Zoning.

Town Manager Hervey was present to explain that the Town needs to update the Zoning Ordinance to comply with State laws taking effect January 1, 2024. He explained that the Planning Board has worked on these amendments. This ordinance must be advertised for three consecutive weeks prior to the public hearing on December 4, 2023.

Motion by Councilman Cloutier and seconded by Councilwomen Berard to introduce Ordinance #2023-12, an Ordinance Amending Chapter 185 – Zoning, and to schedule a public hearing for Monday, December 4, 2023. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

· PUBLIC HEARING:

o 2023-9 An Amendment to an Ordinance Chapter 63 Alcoholic Beverages; 63-12 License Renewals

TM Comment: On September 11, 2023, the Town Council passed a motion “to request the Town Solicitor to draft an ordinance revising the requirements in Chapter 63, Alcoholic Beverages, Article III, Liquor License Rules and Regulations, Section 34, to exempt from the annual local training requirement any owner, manager, or alcohol server of the licensee for the year or years in which an individual has received State certification or re-certification.” The attached Ordinance, prepared by Assistant Solicitor Amy Goins, revises the liquor training requirements as per the Council motion. The amendments are under Section (34) Required training and certification, and include:

o Revising references to “Barrington Substance Abuse Task Force” to the name now in use: “BAY Team (Barrington Prevention Coalition)”

o Corrects a typo under (c) – changing “much” to “must.”

o Clarifying the process requires licensees to submit to the BAY Team, rather than the Town Clerk, information verifying the completion of alcohol training (State or local, as applicable). The BAY Team then forwards the information to the Town Clerk. (Section 34, (c))

o The most significant change relates to the revision stipulated in the Council motion from the Sept. 11 meeting:

Vice President Humm opened the Public Hearing for 2023-9 An Amendment to an Ordinance Chapter 63 Alcoholic Beverages; 63-12 License Renewals. He asked BAY Team Director Denise Alves to present.

Denise Alves Director of the BAY Team, Barrington’s Prevention Coalition in which she highlighted her memo to the Council. She stated that she compared 2021-22-23 to see what the rate of turnover was in our community. She said that she had trained 130 people in September 2023 and of those only 69 (53%) were working in 2022 and only 52 (39%) in 2021. She explained that the only way we have of knowing that somebody has been hired, is if they come in, call us or set up an appointment. She discussed compliance checks and if a person did not take the training and did not have their card on them, we would discover it that night.

Ms. Alves made the following recommendations:

1. Communication should be sent from the Barrington Prevention Coalition and the Town Manager to all businesses reminding them of the requirement to have all new servers trained in both the local and state training prior to their start. (state training every 3 years and local training on the 2 years not certified by the state (if passed this evening).

2. There needs to be a mechanism established to ensure that all business notify the town/prevention coalition when a new hire (she suggested to place this recommendation within the ordinance).

3. At the time of local training for new hires, they must give proof of state certification.

4. A need for more compliance checks (funding coming from the opioid settlement funds).

Ms. Alves is concerned that local businesses are not doing what is expected throughout the year with new hires and she said we do not know if they are following state laws putting the community at risk.

Kas DeCarvalho with the Economic Development Commission discussed the good works that the BAY Team has done over the years. He said that he would never say anything negative to people whose mission and intention is to make our community as safe as possible – a good thing. He said that he hopes that our town with the EDC and the BAY Team can work collaboratively to assess, promote and install policy and educational measures that are fair, that are effective and the best to promote and support this extraordinary place in which we live. Mr. DeCarvalho was grateful to Ms. Alves who came to an EDC meeting and explained the alcohol server training program. He said that Ms. Alves confirmed that at no time since the training program was instituted more than 10 years ago, have any efforts been made to assess the effectiveness of the program. She said that the BAY Team was never asked to report back. He said that he understood that but he does not think that it is unreasonable to for us to now consider the effectiveness of the training program, particularly given the degree to which as I presented at the last meeting, there obviously have been unforeseen consequences of the program in the considerable cost that it forces our town effected businesses to absorb based upon the requirement that they have to pay each of their employees to attend the training on an annual basis, compared to the statutory state requirement of requiring that training every three years, which is followed by each of the other 38 cities and towns in Rhode Island.

Mr. DeCarvalho said that he does not think it’s anything but responsible to consider how effective the BAY Team’s annual training is, and/or whether there might be more legitimately effective uses for the grant funding that pays for that program. He said that he can’t think of another grant funded organization that isn’t required at some point to report on the efficacy and effectiveness of funded programs. He said that is how grant funding works. He said that since the questionnaires were not available to him via Ms. Alves, he conducted some research of data that was published on the BAY Team’s website which included Barrington, Bristol, and Warren. He said that he did not find any discernible difference between the statistics of any of those three towns, despite the fact that Barrington had initiated and installed the annual server training requirements years beforehand. He said that it suggested only two possible scenarios. One, either the additional training requirements had no discernible effect between when it was first initiated in 2017, or possibly, objectively, it is possible that the statistics in Barrington would have been worse than in Bristol and Warren but for the training, which puts us in the unfortunate situation of potentially having to prove a negative and that is a rough place to be in.

He said that the second question (regarding 38 of the 39 communities) in the state have determined that the state statutory testing requirement every three years is effective, efficient, and sufficient, then we really have to consider whether the considerable burden that we have placed on the retail and restaurant establishments in this town is worth Barrington being the single outlier. He said that after speaking with some people the random spot checks are effective. He said that the BAY Team partners with the Barrington Police Department and have from time to time identified instances of noncompliance by some businesses with respect to alcohol rules. He said that the EDC supports that without a question.

Mr. DeCavalho said that his understanding that the grant funding that funds the annual testing is not limited solely to supporting that annual testing, but could potentially be used for other things, like more spot checks for example. He said that his charge as a member of the EDC is to reasonably, and effectively support and balance the needs and development of our community’s business interests, in a way that makes sense. He said that the EDC has come forward with a reasonable balance and compromise with doing local testing on the two years that the server does not take the state requirement. He said that his last point is that the EDC believes that the testing could remain in place in order to be offered and required for businesses that fail the spot checks. He said that they believe that makes sense because it is a consequence of businesses who refuse or fail or don’t care what the law is, and they don’t follow it. But he said that you are adding an increased police burden to businesses that are otherwise doing exactly what they are supposed to be doing. They are following the law. They are in compliance with the statute. They have also diligently for the most part followed this requirement, even that is not fair. He said that is something there that these businesses should be praised and appreciated for what they do instead of penalized.

PUBLIC COMMENT:

Gio Ciccione, 86 Ferry Lane, owner of Brickyard Wine and Spirits, discussed said that we have a different opinion of the efficacy of the program and the usefulness of the investment that the Town makes, both in terms of the money spent on the programming but, most importantly, on the cost to the small businesses that have to send employees to these things. He discussed the inconvenience to the employee in terms of attending the training, whether it is a Tuesday (maybe the employee is a student) or a Saturday morning (an employee with children). He said that the problem is with the analysis of this data, we are not analyzing that is really quantifiable. He discussed a scenario if an underage person wants to buy liquor in his liquor store when his neighbor may be standing right beside him or that they wouldn’t go to a restaurant in town for the same reason. He said that the training is redundant. He suggested that you eliminate it (local training).

Dan Horowitz, 80 Boyce Avenue, discussed the positives of the BAY Team but questioned why we need a redundant program. Why does the Town continue to mandate a duplicative and repetitious layer of learning. What does it bring, we have no data to support it.

Ms. Alves said she wanted to make one point very clear, that this does not come from any grant funding – this is not funded. It is a mandate that came to us. She said we are not funded by the state or federal government to do this program. This program does not use grant funds. She said that we have very little funding for compliance checks and in the last two compliance checks one business in each compliance check failed. She said that you can’t prove how many people were saved. She said what she can say is that the Council put this ordinance in place and nobody has died on our roads.

Vice President Humm asked when this program was first implemented.

Ms. Alves said in 2010. The actual training is an hour and half. Discussion ensued regarding virtual training which took place during Covid.

Councilwoman Berard said that in the police report (located under department reports in Clerkbase) that there were three (3) DUI arrests, 24 DUI arrests, year to date, only eight in 2022, and three (3) arrests for drunkenness, 15 years to date liquor law violations. She applauded the chief who is here and who she thinks has made a very concerted effort to follow up in this regard.

Councilwoman Berard addressed Mr. DeCarvahlo said that she said that this was a much better presentation from the EDC standpoint, today, in sort of understanding your opposition to this narrow issue. She said, however, there was no offer of alternative other than eliminating it. She said that she is not prepared to eliminate something that she herself stated that you can’t prove the prevention aspect. She presented to the EDC and the business owners who serve alcohol to work together to think about what some alternatives are, hopefully, virtually, that can address some of these issues, outside of what seems to be repetitive in their opinion. She said that she was disheartened to see such a large complaint about the business expense when it seems only half compliant. She said that she is in a business where there is extensive training and can appreciate that it can impact businesses. She said and if the data is not measurable, maybe there can just be a clear communication as to what would be a benefit in that business. She said maybe it is all training on proper identification or something different in a new industry, that would be more helpful. She said that she likes what was presented in our materials, sort of a hybrid approach.

Vice President Humm commented that he remembered when there were alcohol related accidents in town resulting in death, and this is anecdotal, and there are no stats to back me up on this, but it seems to have improved significantly. He said that it seems to go hand in hand with what the BAY Team has implemented. He thanked the BAY Team for the work they have done and just by those numbers, it seems to be effective. VP Humm said that he is sensitive to the business expense and was a member of the EDC and continues to share their mission. He said that he would like to lighten that burden on the businesses because it is an expense to have all employees participate in a training session each year. He said in terms of the proposed ordinance, this seems like a fair compromise for now in terms of a business not doing the town training in the year where it has completed the state training and completing the town training in the off years of the state training. He said before we abandon that ship, he would like to see if that can be something that is effective and can work with the businesses such as virtual session and/or limit it to an hour instead of an hour and half. He said that he hopes all will continue to work together.

Vice President Humm closed the Public Comment.

Motion by Councilman Cloutier and seconded by Councilwoman Berard to adopt Ordinance #2023-9, an Ordinance Amending Chapter 63 – Alcoholic Beverages as presented. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

o 2023-10 An Amendment to an Ordinance Chapter 179-9 No Parking (Prospect and Lincoln)

· TM Comment: The Town is in receipt of a request for a no parking restriction on a section of Prospect Street south of Lincoln Avenue. Email from Chief Correia (10/31/23): “I have no concerns from a public safety perspective.” The proposed restricted area is shown below. I recommend adoption as presented.

Vice President Humm opened Public Hearing for 2023-10 An Amendment to an Ordinance Chapter 179-9 No Parking (Prospect and Lincoln).

Town Manager Hervey presented ordinance 2023-10 Chapter 179-9 No Parking at Prospect and Lincoln Avenue which was brought by residents. They are requesting to establish no parking on Prospect Street Lincoln Avenue to a point 150 feet south. Mr. Hervey said that he conferred with the Public Safety Department and they see no problem with the change.

PUBLIC COMMENT:

TR Rimoshytus, 1 Howard Street, commented that he had lived in that neighborhood for over 50 years and there was never a problem parking on Prospect from Lincoln Avenue South. He said this sounds more like a family feud or a neighborhood feud. He said he knows the person on the corner, put a driveway in so that they would be parking off the street. He stated that you should not pass this ordinance because every corner of the street is going to have somebody parking out no matter what street it is. He said he has a photo and there are no cars there today.

Nate Risteen, 43 Lincoln Avenue, said that you are absolutely right. The problem ebbs and flows and has recently come back in the Fall. He said that when people do park there the visibility is tough around the corner when cars are coming over the hill. He said that it fluctuates between 20 and 21 and a half feet. He said that the Fire Chief would like to be able to have the truck be able to turn. He stated that everyone on the street signed the letter. He said that this would improve our quality of life.

Vice President Humm closed Public Comment.

Councilwoman Berard asked Chief Correia how much space from the corner is there no parking. Chief Correia said 15 feet (the request is 150 feet). Chief Correia said that we get a lot of complaints about parking and we try to knock on doors to ask them to move their car and let them know it is an issue. He said we enforce it in a way that the town has come to expect from the police department, which is a judicious use of discretion. Discussion ensued regarding our ordinances covers that cover a safety perspective.

Vice President Humm asked for any further comment, there was none.

Vice President Humm asked if there a motion from the Council, there was none.

Vice President Humm stated there was no motion and therefore the motion FAILS.

Vice President stated that he will reorder the agenda and move agenda item #20:

AGENDA ITEM #20 PRESENTATION: SCHOOL COMMITTEE TO DISCUSS SCHOOL CONSTRUCTION BOND AND PLAN (P. MCCRANN)

TM Comment: School Committee Chair Patrick McCrann will update the Council on the $250 million School Construction Bond.

School Committee Chair Patrick McCrann was present and gave an informal update on the eve of the vote of the School Construction Bond. He said that the vote will be the deciding factor. He said that we concluded our school visits, the committee held four (4) community open sessions (posted on-line) with the help of the consultants. He said they notified people in public, digitally, and via newspapers. He said that the School Committee, should this pass, has already given a charge to the Building Committee to go back on cost saving opportunities, we can reduce the projects that we have laid out before us to collaborate with the educators to make sure that the changes that are proposed follow best practices educationally. He said that we will move to the next stage to submission that requires both School Committee approval and Town Council approval. Once we get to Stage II, which is submitted to RIDE, then we move forward with the process of the bond which come before the voters at an FTM (Financial Town Meeting).

Vice President Humm commented that the cost is an extremely high amount and he said that he has fiscal concerns over the amount, but he has optimism and confidence with the School Committee and the folks that are working to find cost savings by keeping it as low as possible. Vice President Humm said that it is “up to” an amount which means there is a cap, but it doesn’t mean that they have to spend that amount and you have heard a lot of feedback from a lot of people on how high the amount is. Vice President Humm said that he will be voting in favor of this (bond). But he questioned whether none of the funding will include funding for school athletic fields.

SC Chair McCrann confirmed, yes that is true.

Vice President Humm said that all the planning so far has been strictly focused on the buildings meeting academic needs, space, etc. He asked is there any plan with respect to the fields or any potential with respect to the school’s athletic fields to the extent they need to be improved.

SC Chair McCrann said that it is certainly on our radar, we just received notice from the track coach that the track is in dire need of help. But in terms of moving forward strategically the School Committee is going to be reaching out to the Town Council and determining what is the best use of our spaces. He said that goes for existing fields and now the plan calls for a decommissioned school, in the Hampden Meadows area, and we need to find a way to come together and agree on what is going to happen with that land, and how it will be used. He said that will be a process in which we will need to determine. He said that the process can allow us to move strategically in terms of using that school as the swing space for construction and keeping kids in classrooms and not in modulars, like at Primrose. He discussed that the BMS is used quite a bit by the community and the elementary schools will be a local resource with an opportunity to partner with the Town Council. He said that he hopes to come together and is confident to move forward in a direction that addresses long standing challenges recreation, green space, and activity in our community with the continue development of our school with the much-needed improvements for our town and educators.

Discussion ensued with green space, the potential use of land (fields, recreational open space, pathways, trails etc.), and gymnasiums at each of the elementary schools for multi-space such as assemblies, trainings, accessibility outside of school hours for an additional resource.

Discussion continued regarding school construction bond infographic for the school repair schedule of the bond letting everyone know completed over 10 to 15 years – if there is a child between kindergarten and third grade, they would be accessing the benefits of the improvements made at the high school at the time.

Councilwoman Berard voiced her support for the school bond since she just had a third child and will be involved at the schools for the next 20 years and appreciated the linking of the proposed gymnasium as we try to solve more than one problem.

Councilwoman Conway said that she has concerns as someone whose children will not benefit from the program, her children will be in college by that time. She discussed that we may have more children in the schools, depending on what happens with various properties in town. She said that some of the choices that we are making now will impact choices in the next three years. She said that she is talking about potential housing development and the additional units that may be added and how that will impact primrose and could immediately turn Primrose into another overcrowded school. She said that it is really important to remember the tax implications for members of the community and they could be tremendous. She discussed the movement of a family throughout the years in the school system and how the value of the homes rise and the tax implications because they become too high for those to stay in town and it can be a good deal to leave (via property value). But said Councilwoman Conway she wants to be really careful and make sure that we all consider the fact that the reason that a town is a nice place to live is because of the diversity of the community and it is not because we have kids in every house. She said it is important to let people stay and be affordable to stay. She said that we have a town that is heavily leverage in their homes. She said that we have done an analysis on affordable housing in town and it is not just the homes that make it unaffordable, it is the taxes and the insurance. She cautioned (him) to look at some of the lower options, a lower price options so that we don’t start to lose our neighbors and our community members, simply because it doesn’t make economic sense to stay in town. She said that we need to be careful, we have really to have the fiduciary responsibility both for our neighbors, but also for our town. She said that we need to be careful about the high school because that high school is 70 years old, we need to do something about the floodplain rebuilding, we are putting a ton of money into a school that is sitting ready for a flood. She said her last comment is that of the field, only reimbursed if new construction. But she said if we move Victory field/move the high school design and Victory field that may be an example of how we would get reimbursement for the funding.

AGENDA ITEM # 18 DISCUSS AND ACT: BID(S):

TM Comment: Alan Corvi, Director of the Department of Public Works (DPW), is requesting Council approval of multiple bids for DPW equipment and vehicles as part of the Town’s fiscal year 2023 and 2024 Capital Plan. The current Capital Reserve balance is approximately $877,000.

· Department of Public Works:

o One (1) Tandem Axle Cab & Chassis with Roll Off Hoist & Automatic Covering Assembly

Motion by Councilman Cloutier and seconded by Councilwoman Conway to approve the bid for a new 2025 Volvo VHD64B300 tandem axle cab and chassis with roll-off hoist and automatic cover assembly from Anderson Motors Inc., of East Providence for $227,952, which includes a credit of $45,000 for the trade in of a 2006 Volvo cab and chassis with roll-off hoist. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

o One (1) Asphalt Hot Box Trailer

Motion by Councilman Cloutier and seconded by Councilwoman Conway to approve the bid for a new asphalt hot box trailer from Viking-Cives USA of 500 Captain Neville Drive, Waterbury, CT, for $44,950. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

o One (1) All Season’s Dump Body

Motion by Councilman Cloutier and seconded by Councilwoman Conway to approve the bid from Viking Cives USA of 500 Captain Neville Drive, Waterbury, CT, for $59,971 for a new all seasons dump body to be installed on an existing DPW dump truck chassis. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

o Three (3) 16,500 GVW Dump Trucks with Plows

Motion by Councilman Cloutier and seconded by Councilwoman Conway to approve the bid for three (3) new 2024 Ford F450 dump trucks with plows from Gervais Ford of Ayer, MA, for $262,643, which includes a credit of $21,007 for the trade in of a 2011 Chevrolet dump truck and costs for added equipment. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

o One (1) Commercial Front Mower

Motion by Councilman Cloutier and seconded by Councilwoman Conway to approve the bid for a new 2023 commercial front mower from Ed and Matt Equipment of Greenville, RI, at a cost of $13,239.20 The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

AGENDA ITEM #19 PUBLIC HEARING: DISCUSS AND ACT: LIQUOR LICENSE RENEWALS:

TM Comment: A public hearing is required before voting on liquor license renewal applications received by the Town. The motions below are for the Council’s consideration, after opening and closing the public hearing on each license class.

Class A Retail

Vice President Humm opened the public hearing and announced:

· Grapes & Grains, Inc. d/b/a Grapes & Grains, Inc., 24 Bosworth Street

· Brickyard Wine & Spirits LLC d/b/a Brickyard Wine & Spirits LLC, 250 County Road

There was no comment from the Council nor the public.

Vice President Humm closed the public hearing.

Motion 1 by Councilwoman Conway and seconded by Councilman Cloutier to grant but not issue until final paperwork is received by the Town for the above Class A Retail licenses. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

Class D Full

Vice President Humm opened the public hearing and announced:

· American Legion Post #8, Inc. d/b/a American Legion Post #8, Inc., 2 Legion Way

· Barrington Democratic Club d/b/a Barrington Democratic Club, 186 Roffee Street

· Barrington Yacht Club d/b/a Barrington Yacht Club, 25 Barton Avenue

· Rhode Island Country Club d/b/a Rhode Island Country Club, 150 Nayatt Road

There was no comment from the Council nor the public.

Vice President Humm closed the public hearing.

Motion 2: by Councilwoman Conway and seconded by Councilman Cloutier to grant but not issue until final paperwork is received by the Town for the above Class D Full licenses. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

Class BV Full

Vice President Humm opened the public hearing and announced:

· Tyler Point Inc. d/b/a Bluewater Bar and Grill, 32 Barton Avenue

· Stock Food Group, Inc. d/b/a East Bay Oyster Bar, 308 County Road

· Oxford Tavern Inc., d/b/a Oxford Tavern, 286 Maple Avenue

· Kee-Aree LLC d/b/a Tong-D, 156 (Rear) County Road

· New Sushi Express, Inc. d/b/a Miku Japanese Cuisine, 306 County Road

· DPP LLC, d/b/a Viola, 296 County Road

There was no comment from the Council nor the public.

Vice President Humm closed the public hearing.

Motion 3 by Councilwoman Conway and seconded by Councilman Cloutier to grant but not issue until final paperwork is received by the Town for the above Class BV Full licenses. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

Vice President Humm opened the public hearing and announced:

Class BVL Limited

· Pepperoni’s LLC d/b/a Piezoni’s Pizza, 222 County Road

· Leon’s Kitchenworx LLC d/b/a Leon’s Café and Catering, 230 Waseca Avenue

· J & A Restaurant Enterprises Ltd. d/b/a Nacho Mamma’s,18 Maple Avenue, Unit 3

· Spaghetti Lane, LLC d/b/a Spaghetti Lane, 8 Anoka Avenue

· Sowams A. M. Inc. d/b/a Prince Ali’s Kebab, 305 Sowams Road

There was no comment from the Council nor the public.

Vice President Humm closed the public hearing.

Motion 4 by Councilwoman Conway and seconded by Councilman Cloutier to grant but not issue until final paperwork is received by the Town for the above Class BVL Limited licenses. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

This item was taken out of order and can be found above after agenda item # 17 Ordinances 2023-10. AGENDA ITEM #20 PRESENTATION: SCHOOL COMMITTEE TO DISCUSS SCHOOL CONSTRUCTION BOND AND PLAN (P. MCCRANN)

AGENDA ITEM #21 DISCUSS AND ACT: DESIGNATE TOWN CLERK AS EX-OFFICIO ON CHARTER REVIEW COMMITTEE.

TM Comment: The Town Council appointed Town Clerk Meredith DeSisto to the Charter Review Commission. Requesting the Council to adopt a motion clarifying that the Town Clerk is a non-voting “ex-officio” member of the Commission and not a voting member.

Motion by Councilman Cloutier and seconded by Councilwoman Berard to designate the Town Clerk as a non-voting “ex-officio” member of the Charter Review Commission. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

AGENDA ITEM #22 DISCUSS AND ACT: ENDORSEMENT OF PROPOSED LARGE RI DEM GRANT PROJECT - SKATEBOARD PARK (M. SEWARD)

TM Comment: The Park and Recreation Commission last week voted unanimously in support of the submission of an application for a $280,000 Rhode Island Department of Environmental Management Outdoor Recreation Grant to support the construction of a skatepark. Applications are due by December 6, 2023. The total funding available for this grant round throughout the State of RI totals just $2 million. The Commission identified the overflow parking lot to the rear of Town Hall, north of Kids Kove Playground, as the preferred location. The alternative site is within the parking lot in Haines Park just north of Cove Haven Marina.

The motion, according to Chair Mike Seward, was as follows:

The Park & Recreation commission would like the Town of Barrington to apply for a RI DEM recreation grant for $350,000 [my comment: this is the total project cost; the grant request would total $280,000] with a 20% Town match of $70,000 before December 6, 2023, for the development of a skate park to be located in the parking lot area next to “Kids Kove” playground, behind Town hall. If that location is problematic then in the parking lot off Narragansett Ave at Haines Park which has been vetted with the neighbors, next to Cove Haven Marina.

At the October 2^nd meeting the Council endorsed submitting a small grant application (up to $100,000) for expanding the splash pad at Police Cove Park, along with new sections of fence, benches and other amenities.

Skateboard Park: The Commission’s preferred location is this small parking lot north of Kids Kove Playground. The lot, which has about 14 usable parking spaces, is used by the School Department to park their small buses. The Town Hall Dumpster is located here, along with a newly installed Big Brothers/Big Sisters clothing donation bin.

A significant concern about removing this parking lot is the impact on parking available for Town Hall and the Library, which can become very tight when special events occur at either building. There is no obvious alternative location for the Dumpster or donation bin. While the site is highly visible, especially compared to the second location, at Haines Park, the skate park would have users coming and going on skateboards, scooters, etc., next to traffic flow in the main parking lot.

I recommend the Haines Park parking lot as the location for a skate park. At a minimum, extending electricity to add floodlights within the parking lot would be needed for improved security. The site is less accessible to the remainder of the Town compared to the Town Hall site, but it is conveniently located close to the East Bay Bike Path. It also has no neighbors, other than the marina to the south. This is within a portion of the park in Barrington that’s included in the 30-year lease agreement the Town has with the State, expiring in 2051.

Vice President Humm invited Park & Recreation Chair Mike Seward to the microphone.

Park & Recreation Committee Chair Mike Seward was present to discuss a RI Department of Environmental Management recreation grant that offers 80% funding with a 20% community match and the match can be in-kind services.

Chair Seward read the following:

The Park & Recreation Commission would like the Town of Barrington to apply for a Rhode Island DEM recreation grant, or $350,000 with a 20% town match of $70,000 before December 6, 2023. For the development of a skatepark to be located in the parking lot near next to the kids Cove playground behind Town Hall.

He stated if that location is problematic, then the parking lot located on Narragansett Avenue in Haines Park, which has been vetted by the neighbors, but the location does not have neighbors, other than the marina to the south. He commented that other recreation directors in RI have said that their skateparks are the most utilized recreational resources.

Tom Claussen 22 Great Road spoke on behalf of his son, shared his experience with the Legion Way facility that is currently being used as a skate park. He explained that his son was injured very badly, a gash removing all of his skin while wearing elbow pads because of the unevenness of the asphalt. He said that there are only two features at that skate park and is located in the middle of nowhere and no place for onlookers to view the skate-boarders. He discussed a nice skate park located in East Providence with a playground right next to it just as described for the location next to Kids Kove. He said that this location at Town Hall would draw a lot of kids and it is a safe spot.

Chair Seward stated that we are trying to provide a safer skate park that will be utilized.

Councilwoman Berard asked if we need to identify the location.

Town Manager Hervey stated that yes, because it impacts the cost and the actual proposal relating to the bid, it is especially sensitive. He said that he is recommending, against the town hall parking lot. He explained that a few years ago we conducted a parking study, they concluded that additional parking was needed. Also, he said that we have located our dumpsters at this site as well as small school buses and have recently approved locating the Big Brother/Sister donation bin. He explained that if we removed 14 parking spaces it would cause a problem during events. He said that we do not have justifiable costs, you probably will not get the grant. He said that he personally thinks it is an issue and needs more evaluation. He said that we are doing a comprehensive plan update starting next year including an outdoor recreation element update, which evaluates needs and priorities and this would be a better way to get at this project as far as location and actual need investment of town and state funding. Mr. Hervey recommended pausing the request because it is a significant request with a large investment and it may be with the wrong site, additional security, lighting would be needed as well as additional electrical needs. He said that we should see what comes out of the Comp Plan update. He said that if we kick it to next month (December) there is just not enough time and we would be in the same situation.

Chair Seward said that if we wait until next month, it will be too late to apply for the grant for next year; the next opportunity would be with the RI Recreation grant in 2025. Discussion ensued regarding an opportunity with some intermediate funding at Legion way to provide some upgrades with DPW moving features closer together and fixing the lip that is on the ramp and how it is not conducive with the speed along with the asphalt.

PUBLIC COMMENT

Matt Amaral, 6 Broadview Drive, said that he is in support of this because his son, Alex did his senior project and was successful by working with Parks & Recreation in 2014. Mr. Amaral said that no one has spoken about placing it at Chianese where it would be centrally located and already has tennis courts, recreation fields a playground and basketball courts.

TR Rimoshytus, 1 Howard Street said that he was one of the members that got that skate park there but said that Kids Kove would be great because you would see less graffiti the police are always there and people can bring their kids to the playground and to the skate park. He said that the school buses can be located at the BMS and the dumpster and bins can be moved someplace else. He said that we will not be putting up lights. He discussed how disappointed he is if we put this off.

Vice President Humm closed public comment.

Councilwoman Berard asked if the small grant application for the splash pad was submitted.

Town Manager Hervey stated that he is waiting for the concept and a cost estimate from the engineer for back up but will be submitting the application.

Councilwoman Berard said that she is cognizant of the fact that we already agreed for this other grant application. She said that she thinks this is a real safety hazard if there really is a large lip. She said that she is concerned about the liability for setting up that sort of situation, especially with DPW is in charge of moving the pieces around. She said that she definitely wants to be on record saying we need to check on that, we will definitely evaluate. She said that if it is a safety issue, we want to make it better or not use it. We need to provide the appropriate materials that are safe, which is outlined and there are a lot of details to work out and location costs. She said that she is changing her thought a little bit because if it is correctly drafted, then it is up to the State to say yes or no. She said she believes they have done their due diligence over a period of time to come up with what they think is the best plan. She said she likes Kids Kove playground location. She said that the buses that are parked there should be of not a consequence and she thinks the space can be used well there for that purpose and would like to see it against a playground.

Motion by Councilwoman Conway and seconded by Councilwoman Berard that the Town of Barrington apply for a RI DEM grant for $280,000 with an additional 20% Town match of $70,000 before December 6, 2023, for the development of a skate park to be located in the parking lot next to the Kids Kove playground behind town hall. The motion passed in favor 3-1-0-1, Vice President Humm, Councilwoman Berard, and Councilwoman Conway, one (1) opposed, Councilman Cloutier, no recusals and one abstention, President Kustell (absent).

AGENDA ITEM #23 DISCUSS AND ACT: BIKE PATH BRIDGE PROJECT CONCERNS REGARDING INCREASE TO CURRENT (B. HUNT)

TM Comment: The Town has received emails from Atlantic Marine and others about the impact of the removal of the old bridge on the velocity of the outgoing current within the easterly portion of the Barrington River across from Police Cove Park. Several boaters described new, dangerous conditions navigating this part of the river. An example:

I backed out of my slip at Atlantic Marina (15B) and turned around in the middle of Police Cove and proceeded South under the Barrington Bridge toward the channel markers at no wake speed (3.5 knots). Approximately 40 ft from the bridge (two boat lengths) I felt the tide shift my boat east. As I attempted to steer the boat away and back to the middle of the channel, the lack of speed in the no wake zone made turning difficult in the tide surge. I throttled down to neutral and then into reverse but the tide and current were too strong and I drifted into the bridge, cracking a glass windshield on my pilot house and making a softball sized dent into the frame.

The Harbor Commission has discussed this issue but has not yet adopted a motion. Commission Chair Nelson “Chip” Hawkins and Harbormaster Brian Hunt will be in attendance tonight to answer questions. Mr. Hunt has had discussions with the engineer from Aetna Bridge about the “ebbing and swirling conditions on that side of the river,” according to an email from Mr. Hunt. He wrote that his hope is the State will make “necessary changes to stop the tidal issues without jeopardizing the current permitting of the bridge replacement project.” I’ve drafted a motion to this effect.

Additional information: Photos of this area of the Barrington River are below.

The photo above was taken before the removal of the Bike Path Bridge. Atlantic Marine is to the right. Note the current south of the bridge is visible in the aerial.

Atlantic Marine as seen from the Barrington River vehicular bridge.

Vice President Humm invited Harbor Master Brian Hunt to the microphone.

Harbor Master Brian Hunt was present for the discussion and described the impact of the removal of the old bridge and explained what has developed at Atlantic Marine, which is a small marina on the inside of Police Cove, on a new metal roadside, because of the location of the structure in the water and was with the original trains has only one opening which was about 30 feet. He said it had a structure that supported the main tracks and when removed it took the tide and a current which created an ebb especially on the outgoing tide with Atlantic Marine. He said that it has created a lot of difficulty for the people that keep their boats there and he said that he has been in touch with DOT and CRMC and they will be having hearings. He said that the design of the bridge has been approved but it had never got CRMC approval. He said that no one ever took into consideration that people fish. He said that the original design is not going to work because the fishermen need space to fish and they will go back to the drawing board and they will have to deal with the issues at Atlantic Marine and accommodate the fishermen.

He said that Mrs. Manilla from Atlantic Marine is here this evening who has sent many letters and emails because of the dangerous situation created. He said that there is a positive about having it wide open in the swirling and under tow because of the narrowness of the pillars before it opened up. He said that the police cove side is much calmer and easier to get around but now the water is rushing and we can get through one more team bridge, it does tend to swirl more, especially with the outgoing tide during Harvest Moon tides and as we get later in the year, December, the tide will be unmerciful when it goes out this way.

Town Manager Hervey said there is a provided motion for the Council to request the State to make the necessary changes to stop the tide issues without jeopardizing the current permitting of the East Bay Bike Path Bridge replacement project.

Harbor Master Hunt said you are in a crisis right now because of the permitting.

Councilwoman Conway said that this is more of an exclamation, after all this time we have spent with these bridges, the fact that there wasn’t an environmental study to determine how the pooling and the current would change is shocking to her. She makes me question what the decision was to move forward without the CRMC approval.

Harbor Master Hunt said they did have approval for everything that has taken place up until now.

Councilwoman Conway said you can see the problem that was going to evolve and then now knowing the danger that we are putting people in. She said it is not just the boat owner, it is a whole host of other changes that are going to happen in terms of how the tide goes in that way.

Harbor Master Hunt said he does not really think that they understood what was going to happen with that whole swirl. He said he was not consulted on the design of it or anything. He said but removing the trestle and removing the pilings, you would think it would have slowed things down and it did, it improved most of the bridge area. He said what it didn’t do was help Atlantic Marine at all and that has created a difficult position and now they are worried about the safety of the people that work in their marina.

Discussion ensued with the next hearing with CRMC and they will inform the Harbor Master.

PUBLIC COMMENT:

Harbor Commission Chair Chip Hawkins said that he has talked with the Town Manager Hervey in which the currents are a big concern, the fishermen are a concern and when they took out that bridge, he thinks no one anticipated what an effect that would have on Atlantic Marine. He said when you look at Warren it is even heavier because of the shorter gap. But as Mr. Hunt said the area of Police Cove has slowed down some of the pressures on the side and that is going to change and the problem goes a little bit farther down the river as you go down 114 you can see pressure on Ellison’s dock as well as the first couple of docks, Stanley Marina.

Jane Mainella, Atlantic Marine, discussed her concerns, showed photos of the current, whirlpools that are coming right at Atlantic Marine but they are going right under the Barrington bridge and they are getting pulled right in. They cannot get through the bridge causing damage to their boats and the concern they have about the dangerous currents. She said she attended the hearing at CRMC but they tabled the discussion for another time. She said that something needs to be done before the winter where the ice can take out pilings and docks.

Vice President Humm closed the Public Comment.

Vice President Humm proposed an amendment to the motion provided:

Motion by Vice President Humm and seconded by Councilwoman Conway to request the State to make the necessary changes to stop the tidal issues without jeopardizing the current permitting of the East Bay Bike Path Bridge Replacement Project and to submit as part of the forthcoming CRMC hearing in whatever manner is most appropriate.

Discussion ensued regarding submitting the Town of Barrington’s position/vote to CRMC and to be placed as part of the record during the CRMC hearing regarding the East Bay Bike Path Bridge Replacement Project in order to stop the tidal issues.

Vice President Humm stated that CRMC will send a letter to begin the public comment period but as of yet we have not received notification. He said that the Town will request the State to make these changes within our response (letter of support/email) to be registered and placed on the CRMC docket as a matter of record.

The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

President Humm re-ordered the agenda and moved agenda items #24 above after the Consent Agenda.

AGENDA ITEM #24 DISCUSS AND ACT: RESILIENCE & ENERGY COMMISSION RECOMMENDATIONS:

ALL-ELECTRIC TOWN BUILDINGS AND SCHOOLS, “ACTIONS TO MITIGATE NOISE POLLUTION FOR HEALTH AND WELLNESS OF BARRINGTON” (M. THORSSON)

AGENDA ITEM #25 DISCUSS AND ACT: RI INFRASTRUCTURE BANK MUNICIPAL RESILIENCE PROGRAM ACTION GRANT

TM Comment: The Town is preparing an application for a grant in the amount of $809,813 from the RI Infrastructure Bank Municipal Resilience Program Action Grant program to address shoreline stabilization design, engineering, permitting and construction at Allin’s Cove, Shore Drive/Latham Park, and Water Way. The program requires a 25% match of the total project cost, which comes to $269,938. Proposing the following matching fund sources: American Rescue Plan Act (the Council previously approved $100,000 from ARPA for Latham Park shoreline stabilization), and the Town’s Environmental Issues and Climate Mitigation Capital Reserve Accounts. The Town also has funding from a $100,000 grant from the RIDEM Climate Resilience Fund to help cover the cost of the work at Latham Park/Allins Cove.

Motion by Councilman Cloutier and seconded by Councilwoman Conway to endorse the Town’s RI Infrastructure Bank Municipal Resilience Program Action Grant application in the amount of $809,813 for shoreline stabilization and water quality improvement projects at Latham Park/Shore Drive, Allin’s Cove, and Water Way. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

AGENDA ITEM #26 DISCUSS AND ACT: UPDATED AERIAL PHOTOGRAPHY FOR REVALUATION (J. DREW)

TM Comment: The Tax Assessor is proposing to update aerial imagery as part of the revaluation process. The Town has pricing from EagleView to provide this service. Barrington has used EagleView’s online platform for several years, which is used frequently by the Assessor and the Planning, Building & Resilience Department. Recommend authorizing sufficient funding to cover the cost of the three-year annual flyover. The Town has the option to cancel the contract after 180 days if it’s determined that the second and third years of updates are not needed.

Tax Assessor James Drew was present to discuss his request for updated aerial photography for revaluation and stated that the cost will be a little less that the last request for this service. He said that the funding will come out of the revaluation budget.

Mr. Drew said that he will be reviewing these services after the first flight, he will review the quality and see how many other departments may use this service and if there doesn’t seem to be a need, we can cancel the last two flights without a penalty to the Town.

Vice President Humm opened up Public Comment:

Janine Wolf, 5 Atlantic Crossing, said that she can negotiate something even better; she thinks we can cancel the whole aerial photography. She said that she doesn’t understand even the purpose of it. She said she thinks it is a privacy violation for one and two completely unnecessary. She said that property evaluations relies heavily on comps.

Vice President Humm closed Public Comment.

Discussion ensued with Councilwoman Berard asking a question, “What are folks thinking about the three years versus one year?” She said if there is no penalty, it is a no brainer to do it one year, and then cancel it at half the cost ($29,000 3 years vs 1 year at $16,777). She commented that it is an odd business strategy. She said she does not know if we need it three years in a row. She said she does not think in good faith, we can enter a contract saying we are going to cancel if after one year when we sign up for three.

Councilwoman Conway questioned if we could do the entire town in one year.

Discussion ensued regarding the need for other departments to use the service.

Town Solicitor Ursillo stated that, you would be voting on a three-year contract.

Motion by Vice President Humm and seconded by Councilwoman Berard to authorize up to $50,500 for updated aerial photography from EagleView over the next three years, with funding from the Revaluation capital reserve account. The motion passed in favor 3-1-0-1, Vice President Humm, Councilwoman Berard, and Councilman Cloutier, one (1) opposed, Councilwoman Conway and no recusals and one abstention, President Kustell (absent).

AGENDA ITEM #27 DISCUSS AND ACT: RECREATION FIELDS AND FACILITIES (STANDING AGENDA ITEM)

TM Comment: This is a standing agenda item. Updates are shown in bold below.

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Background

This has been a standing agenda item. The Town is continuing to work on the questions in the Council motion passed at the January 10^th meeting “to explore on separate but parallel tracks:

1. whether to build a recreation center in Barrington;

2. whether to install a synthetic turf field in Barrington; and,

3. ways to improve the overall maintenance of Barrington’s fields, including whether to develop a dedicated field maintenance team.”

The motion further stated the Town should include the following action items (updates in bold):

1. Sending out a survey to residents asking questions and opinions regarding each of the three issues; [Comment: The Town posted an online survey on January 13^th, which was active through February 17^th. The survey generated a total of 787 responses. (Discussed in greater detail in the materials provided to the Council for the March meeting)]

2. Referring the three issues to all of the Boards and Commissions listed on page 32 of the “Improving Barrington’s Fields and Recreational Facilities” presentation from the January 9, 2023, Town Council meeting, including the School Committee, and in addition to the Conservation Commission and any other appropriate Board or Commission; [Comment: The only comments received to date are from the Economic Development Commission, which passed motions at two separate meetings.

At the Feb. 27^th EDC meeting, the Commission passed a motion recommending the Town make every responsible effort to secure a large enough parcel of land to support a plan for new athletic fields and recreation center with consideration to sell 25 Watson to offset the acquisition of the entire Zion property for that purpose and other uses consistent with the Town’s master plan. Motion carried (7 in favor of motion, no opposition).

At the January 19^th EDC meeting, the Commission discussed the newest conceptual plan for the development of the Zion site and consideration of the Town to acquire space for a Recreation Center. The EDC unanimously (9-0) passed the following motion: “The EDC is requesting the Town Council provide a review and comment of drafted survey prior to its release to insure inclusivity of all communities within Barrington and economic impact with consideration to acquire space for a recreation center to help further discussion of the following items:

1. whether to build a recreation center in Barrington;

2. whether to install a synthetic turf field in Barrington; and,

3. ways to improve the overall maintenance of Barrington’s fields, including whether to develop a dedicated field maintenance team.”

3. Holding public workshops to discuss and develop the three issues for public awareness and to solicit public feedback; [Comment: The Council has held two workshops, on February 1^st (fields and rec center discussion) and on April 19^th (specifically on the recreation center/fieldhouse concept. The Council also toured several athletic fields with Traverse on Saturday, August 12, visiting the High School athletics complex, St. Andrew’s Farm, and Barrington Middle School.]

4. Commissioning preliminary, efficient, and cost-effective studies by consultants to review the issues involving a recreation center and synthetic turf field, including engineering and other technical studies, feasibility studies, traffic studies, or other reasonable and cost-effective preliminary studies; and, [Comment: The Town has engaged Victus Advisors to complete a Recreation Center/Field House Feasibility Study, and Traverse, a Providence landscape architecture firm, to complete an Athletic Fields Condition and Needs Analysis.]

5. Obtaining more information on potential locations for a recreation center and synthetic turf field. [Comment: this question will be examined in the recreation center/fieldhouse study and the athletic fields study, mentioned above]

Field House/Rec Center Update

Victus in August received input from the Town on its draft “Interim Report”. This report includes the following:

1. Introduction

2. Demographic & Socioeconomic Analysis

3. Local Sports/Recreation Program & Facility Inventory

4. Interview Summaries:

A. Stakeholders

B. User Groups

5. Comparable Sports/Recreation Center & Trends Analysis 38

6. Market Demand Assessment & Building Program Recommendations

7. Initial Site Analysis

8. Next Steps

Victus emailed the Town on Sept. 7^th with the following update on the project status:

Completed

Kickoff Meetings, Site Tours & Stakeholder Interviews

Demographic & Socioeconomic Analysis

Local Sports/Recreation Program & Facility Inventory

Comparable Sports/Recreation Center & Trends Analysis

Initial Site Analysis

Develop Market Feasibility Results & Initial Program Recommendations

Present Deliverable - Market Feasibility Results & Initial Program Demand

In Progress

Detailed Site Analysis

Initial Building Program Development

Facility Operating Pro Forma Modeling

Next Steps

Complete Financial Pro Forma

Complete Funding Options & PPP Analysis

Complete Building Concept & Site Plans

Complete Building Cost Estimate

Submit Full Draft Report

Public Presentation in Barrington for Community Feedback

Present Full Final Report to Town Council

The consultant provided this update on 9/26/23:

-Victus is currently working on developing operating pro-formas for several different models:

· Fieldhouse only

· Gym only

· Fieldhouse + Gym

· Fieldhouse + Gym + Fitness

- S3 (architect) is currently working on developing potential building programs for all of the above, and then testing different layouts and combinations on each site (Chianese, Old County Road, Zion).

- Next steps will be:

· Victus - Funding options/partnership analysis

· S3 - Refine recommended concept plan for each site, develop construction cost analysis

Victus met with stakeholders earlier this month via Zoom to review preliminary concepts and recommendations. The firm is planning to deliver the final report in December.

Fields Analysis Update

At the October 2^nd Council meeting, Ian Lacy, lead project advisor with Tom Irwin Advisors, presented preliminary findings and recommendations for improving athletic fields at Town and school sites. Mr. Lacy is a subconsultant working with Traverse Landscape Architects.

The final report should be completed in November, followed by a presentation to the Council at the December 4^th meeting. From Art Eddy of Traverse (10/31/23 email): “We are close to wrapping up and I can have a draft prior to that meeting.”

The study will consist of:

1. Phase I: Due Diligence and Site Assessment of the project.

a) Initial Design Services

b) Data Collection & Site Analysis

· Section 2.1: Site Visits

· Section 2.2: Existing Conditions Plan

· Section 2.3: Existing Conditions Review

· Section 2.4: Meet with Representatives

· Section 2.5: Analyze the scheduling system

· Section 2.6: Synthetic Turf Review

· Section 2.7: Comprehensive Field Assessment

2. Phase II: Feasibility/Alternative Analysis

a) Conceptual Options

b) Estimated Costs

c) Fiscal Capacity

d) Draft Master Plan

Vice President Humm asked Town Manager Hervey for an update:

Town Manager Hervey said that he spoke with Mr. Art Eddy of Traverse Landscape Architects who is the lead consultant on the athletic fields study and he said that he will be wrapping up this month and the presentation could be ready to present in December to the Town Council with final recommendations.

AGENDA ITEM #28 DISCUSS AND ACT: CONSERVATION/CLIMATE RESILIENCY (STANDING AGENDA ITEM)

TM Comment: A standing agenda item on Conservation/Climate Resilience items.

There was no discussion on this agenda item.

AGENDA ITEM #29 PUBLIC COMMENT (MAXIMUM 3-MINUTE STATEMENT)

To the public: This agenda item is for members of the public to speak regarding a topic that is not already on the agenda. Please indicate that you would like to speak by raising your hand. When you are recognized, please state your name and residency for the record.

Janine Wolf, 5 Atlantic Crossing, discussed 2023-12 Zoning Chapter 185 that the state has mandated all municipalities to follow and requested that the Council to “push back” because she feels that it enables outside interest to elbow in housing and population density changes.

AGENDA ITEM # 30 SET AGENDA FOR THE MONDAY, DECEMBER 4, 2023, AT 7:00PM: TO BE HELD AT BARRINGTON TOWN HALL COUNCIL CHAMBER

· Public Hearing 2023-11 Ordinance Military Duty Leave

· Public Hearing 2023-12 Public Hearing: 2023-12 Ch 185 Zoning Ordinance

· Resolution: A225 regarding zoning fees

· A-Frame Signs

· Banner Program

· Discuss and Act: 25 Watson Avenue/Carmelite Monastery

· Community Engagement – Town Council Goal Setting

· Cub Scouts Pack 1 to lead us in the Pledge of Allegiance

· Property Tax Relief for Longtime Barrington Taxpayers (A. Klepper) (January 8, 2024)

· Discuss and Act: Juvenile Hearing Board Reappointments

· Final Presentation on Fields from Traverse Landscaping with Art Eddy

AGENDA ITEM #31 ADJOURN

Motion by Councilman Cloutier and seconded by Councilwoman Conway to adjourn the Open Session at 11:09PM. The motion passed in favor 4-0-0-1, Vice President Humm, Councilwoman Berard, Councilwoman Conway and Councilman Cloutier, no one opposed, no recusals and one abstention, President Kustell (absent).

___________________________________________

Meredith J. DeSisto, CMC, Barrington Town Clerk

AN EXECUTIVE MEETING OF THE TOWN COUNCIL

1. Vice President Humm called the Town Council meeting to order at 6:35pm.

2. Executive Session in Accordance with RIGL

AMEY TUCKER SPENCER TRUST FUND MEETING

TOWN COUNCIL MEETING

AGENDA # 3 LAND ACKNOWLEDGEMENT:

AGENDA ITEM #4: Announcements (Town Manager Phil Hervey)

DISCUSS AND ACT ON THE CONSENT AGENDA:

*AGENDA ITEM #5 ACCEPT RESIGNATIONS:

*AGENDA ITEM #6 APPROVE REAPPOINTMENT(S) TO BOARDS AND COMMISSIONS:

*AGENDA ITEM #7 ACCEPT THE MINUTES FROM THE TOWN COUNCIL MEETINGS OF OCTOBER 2, 2023.

*AGENDA #8 ADOPT THE MONTHLY DEPARTMENT REPORTS (September ’23):

*AGENDA ITEM #9 APPROVE ABATEMENT LIST:

*AGENDA ITEM #10 APPROVE SURPLUS PROPERTY: (none)

*AGENDA ITEM #11 ACKNOWLEDGE CORRESPONDENCE:

*APPROVE ITEM # 12 ENTERTAINMENT, PRIVATE DETECTIVE AND VICTUALLING LICENSING RENEWALS

*APPROVE ITEM # 13 NEW ENTERTAINMENT LICENSE: OXFORD TAVERN INC, 286 MAPLE AVENUE, BARRINGTON, RI OWNER: ARIELLE MANCHESTER

*APPROVE ITEM #14 ROAD RACE: ST. LUKE’S SCHOOL, 24TH ANNUAL TROT OFF YOUR TURKEY ROAD RACE (5K AND 1.5 MILES RACES) ON NOVEMBER 25, 2023, FROM 9:30AM – 11:30AM 10 WALDRON AVENUE, BARRINGTON, RI:

AGENDA ITEM #24 DISCUSS AND ACT: RESILIENCE & ENERGY COMMISSION RECOMMENDATIONS: ALL-ELECTRIC TOWN BUILDINGS AND SCHOOLS, “ACTIONS TO MITIGATE NOISE POLLUTION FOR HEALTH AND WELLNESS OF BARRINGTON” (M. THORSSON)

AGENDA ITEM #15 DISCUSS AND ACT: INTERVIEWS AND APPOINTMENTS:

AGENDA ITEM # 16 DISCUSS AND ACT: RESOLUTION(S): (NONE)

AGENDA ITEM # 17 DISCUSS AND ACT: ORDINANCES

AGENDA ITEM #20 PRESENTATION: SCHOOL COMMITTEE TO DISCUSS SCHOOL CONSTRUCTION BOND AND PLAN (P. MCCRANN)

AGENDA ITEM # 18 DISCUSS AND ACT: BID(S):

AGENDA ITEM #19 PUBLIC HEARING: DISCUSS AND ACT: LIQUOR LICENSE RENEWALS:

AGENDA ITEM #21 DISCUSS AND ACT: DESIGNATE TOWN CLERK AS EX-OFFICIO ON CHARTER REVIEW COMMITTEE.

AGENDA ITEM #22 DISCUSS AND ACT: ENDORSEMENT OF PROPOSED LARGE RI DEM GRANT PROJECT - SKATEBOARD PARK (M. SEWARD)

AGENDA ITEM #23 DISCUSS AND ACT: BIKE PATH BRIDGE PROJECT CONCERNS REGARDING INCREASE TO CURRENT (B. HUNT)

AGENDA ITEM #24 DISCUSS AND ACT: RESILIENCE & ENERGY COMMISSION RECOMMENDATIONS:

AGENDA ITEM #25 DISCUSS AND ACT: RI INFRASTRUCTURE BANK MUNICIPAL RESILIENCE PROGRAM ACTION GRANT

AGENDA ITEM #26 DISCUSS AND ACT: UPDATED AERIAL PHOTOGRAPHY FOR REVALUATION (J. DREW)

AGENDA ITEM #27 DISCUSS AND ACT: RECREATION FIELDS AND FACILITIES (STANDING AGENDA ITEM)

AGENDA ITEM #28 DISCUSS AND ACT: CONSERVATION/CLIMATE RESILIENCY (STANDING AGENDA ITEM)

AGENDA ITEM #29 PUBLIC COMMENT (MAXIMUM 3-MINUTE STATEMENT)

AGENDA ITEM # 30 SET AGENDA FOR THE MONDAY, DECEMBER 4, 2023, AT 7:00PM: TO BE HELD AT BARRINGTON TOWN HALL COUNCIL CHAMBER

AGENDA ITEM #31 ADJOURN

*APPROVE ITEM #14 ROAD RACE: ST. LUKE’S SCHOOL, 24^TH ANNUAL TROT OFF YOUR TURKEY ROAD RACE (5K AND 1.5 MILES RACES) ON NOVEMBER 25, 2023, FROM 9:30AM – 11:30AM 10 WALDRON AVENUE, BARRINGTON, RI: