North Kingstown Town Council Meeting - June 10, 2024

The North Kingstown Town Council met on Monday, June 10, 2024, in Town Hall Council Chambers at 80 Boston Neck Road. The posted agenda called for a 6:30 p.m. executive session on collective bargaining with IBPO Local 473, followed by the regular meeting at 7:00 p.m. The council welcomed a new library director, held public hearings, approved the consent agenda with several pulled items, heard extensive public comment, debated the Quidnessett Country Club water-type petition, adopted a new flag policy, ratified a police contract, and took action on financial and administrative items.

Consent Calendar

• The council approved, by one motion, consent agenda items 12-15, 17-27, and 29-33. Items 9, 10, 11, 16, and 28 were pulled for individual discussion.
• Item 9, approval of the April 29, 2024 minutes, was continued to the next meeting.
• Item 10, acceptance of a scoreboard donation from North Kingstown Wickford Little League for Cooney Field at Wilson Park, was approved. League President Joe Baker said the league registers more than 350 athletes and has invested about $100,000 in town fields over three years.
• Item 11, sewer assessment abatement #006 for $300,424.78 assessed against the U.S. Postal Service, was approved after questions about which sewer charges were being abated.
• Item 16, award of the demolition contract for two buildings at Signal Rock Park to Bilray Corporation for $28,800, was approved. Public Works explained the work includes hazardous-material removal not suited for DPW crews.
• Item 28, an appropriation of $336,922 to the School Department from a restricted account originally set aside from state aid, was approved. The town manager said the funds were state aid above the town appropriation and were being moved to avoid a legal dispute over the prior budget amendment.

Public Comments & Testimony

• Joseph Texera of 200 Delano Drive opposed flying the Pride flag on public buildings and asked the council to consider a Veterans Appreciation Month in June, citing D-Day and Flag Day.
• Francis Slade of 30 Limwood Drive opposed a proposed asphalt batching plant at Quonset, saying fumes could affect neighborhoods, businesses, a marina, a golf course, and two schools. She provided packets about contamination, rail safety, and what she called the company's poor environmental record.
• Richard Welch of 8 Arrow Lane also opposed the asphalt plant, citing a late-1970s town-state agreement that he said excluded break bulk, lumber, and petroleum products from Quonset. He suggested putting the matter on the ballot if necessary and pressed council members serving on the Quonset Development Corporation to keep the council informed.
• Kathleen Garino of 139 Summit View Lane, speaking as a private citizen and Conservation Commission member, asked the council to oppose the Quidnessett water-type change and to approve the Pride flag request.
• Jules Wagner of 180 West Main Street, a transgender resident, supported the Pride flag as a symbol of inclusion and hope for young people.
• Lee Mazerwick of 334 School Street said he was a strong ally but worried about government flagpoles becoming contested, and suggested rainbow crosswalks, murals, and proclamations instead.
• Rachel Armentano of 20 Sanford Avenue, an art studio owner, read a letter from her 8½-year-old daughter in support of the Pride flag and described her studio as a safe space. She said about 30 people walked with her family in the town's Pride parade.
• Jennifer Lima of Fort Haker Drive East, president of Towards an Anti-Racist North Kingstown (TANK), apologized that the flag request had drawn hate, cited ACLU tracking of 516 anti-LGBTQ bills, and urged the council to consider inclusive policies and alternate forms of support if the flag was not approved.
• Curtis Fisher asked the council to do everything legally and politically possible to prevent an asphalt batch plant in North Kingstown.

Town Manager Report

• Revolution Wind work continues with pipe pile driving projected to last about six to eight more weeks; duct bank installation is affecting Circuit Drive. The developer has held neighborhood meetings and requested extended work hours, with the town manager seeking a legally permissible path. Residents with concerns were encouraged to call Revolution Wind at 401-251-2207 or email info@revolution-wind.com.
• Wilson Park basketball courts are open, tennis and pickleball courts were expected to open shortly, and final work continues on sound mitigation, landscaping, benches, bleachers, and signage. McGinn Park was expected to open the following week, with the skate park by the end of June.
• The Water Department's rain barrel program had 20 residents use a $75 discount at Wickford Lumber. Bottle-filling stations are being installed at park and municipal locations.
• More than $1 million in paving was completed this season, with the FY2025 paving contract expected in early fall.
• The town will hold fireworks at Town Beach on July 3, with a July 7 rain date, and the summer concert series runs Tuesdays from June 11 through August 27.
• Beach pass sales exceeded 2,500, likely breaking last year's record. National Guard training exercises are scheduled around Davisville Middle School June 25-27, and town offices close June 19.
• The town manager announced Water Director Tim Cranston will retire at the end of July and will assist on a contract basis during the transition. Other recognitions included the fire chief as Emergency Manager of the Year and a new certified playground safety inspector.

Discussion Items

• Special business - new library director: Library Board of Trustees Chair Liz Savary introduced Megan Weeden as the new North Kingstown Free Library Director, thanking interim director Susan Alward. Weeden pledged to build on the library's programs and keep it welcoming and accessible.
• Public hearing - mobile food establishment ordinance: The council took a second reading of amendments to Chapter 9, Article XVII, Sections 9-401 and 9-403, which restrict municipal mobile food establishment permits and the number of permits granted. No one signed up to speak, and the council approved the ordinance as drafted.
• Public hearing - West Passage Brewing Company: The council approved a Class B-full alcoholic beverage license and victualling license for seasonal expansion of outdoor seating for West Passage Brewing Company LLC, dba West Passage Brewing Company, 7835 Post Road. No one spoke against it.
• Old business - 55 Brown Street repurchase: The solicitor and town manager explained the town's repurchase option for 55 Brown Street. The original agreement was signed March 28, 2018 and recorded about September 17, 2020, although later discussion referenced a September 2018 signing. The option price is $100,000 plus verified improvements, including sewer hookup fees. A March 30, 2023 extension required a mortgage commitment by July 31, 2023 and a building permit by October 31, 2023; neither occurred. The town needed to show intent by July 1, 2024, with the right to repurchase available until September 30, 2024. The owner reportedly was discouraged and unable to get financing; estimated development costs had risen from about $2 million to nearly $6 million. Council members expressed concern about the town taking ownership and potential renovation costs. The council authorized sending a notice of intent to exercise the option and authorized negotiation with the owner.
• New business - Quidnessett Country Club CRMC water-type petition: Council President Mancini recused himself because he and his family had been club members. Dr. Page presided as Pro Tem for that item. The Conservation Commission and Harbor Management Commission recommended denial. Amy Saunder said the Conservation Commission found insufficient information, potential impacts on Tibbetts Creek and adjacent sensitive areas, and a risk of setting bad precedent. Richard Lemieux said the proposal bypassed regulations and that the club had failed to pursue proper remedies; he disclosed that he is a waterfront property owner who spent more than $100,000 on permitted erosion repairs. Attorney Jennifer Servenka, representing Quidnessett Country Club, called the water-type change the first step of a multi-phase process. She said restoration details and a category B assent would come later, and asked the council not to vote because the information sought by the commissions could not be provided this early. Janice Matthews, identified as QCC vice president, said the club has faced erosion for over 30 years, lost 25 to 40 feet of shoreline, had a half-million-dollar erosion-control measure wash away in six months, and lost a golf hole in December 2022. She said CRMC previously told her the water type could not be changed. Several other speakers supported the petition, including employees, members, and a Bayview Scalabrini administrator who said the nursing home has 120 patients, 150 staff, and 900 feet of shoreline and is interested in future development. They asked for more time to provide information rather than a denial. The council voted 2-1 to endorse the commissions' opposition to the water-type change. Councillors McCoy and Mandel voted in favor, and Councillor Page voted against.
• New business - Water Department fund balance policy: Finance Director Deb Bridgeham presented the draft fund balance policy for the Water Department enterprise fund, modeled on industry standards. It would set minimum and maximum fund balance targets, set aside funds for infrastructure and at least one year of debt service, and maintain at least one year's operating budget in the fund. The council adopted the policy. Bridgeham said she would bring similar policies for other enterprise funds in the future.
• New business - police collective bargaining agreement: The town manager summarized a three-year collective bargaining agreement with Local 473, International Brotherhood of Police Officers. The contract includes wage increases of 4 percent in year one and 3 percent in each of years two and three, a 1.8 percent longevity schedule increase in the second year, a reduced healthcare buyback, and language on emergency details, comp time, tuition reimbursement, and sick leave-to-vacation transfers. Council members thanked the negotiation team. The council ratified the contract, which runs through 2027.
• New business - flag policy and Pride flag request: The solicitor recommended a written flag policy, citing Shurtleff v. Boston and noting the town currently has no policy. He advised limiting flags on town property to the United States, Rhode Island, town, and POW/MIA flags and stating that flag displays are government speech. Council members debated whether to adopt a narrow policy or allow more flexibility. Councilor Anderson, absent, had a statement read emphasizing the importance of Pride and the need for fair legal treatment. Council President Mancini moved to adopt a policy limiting town flags to the American, Rhode Island, town, and POW/MIA flags. The motion carried. The council then denied TANK's request to raise a Pride flag at Town Hall during Pride Month, citing the newly adopted policy. The council also agreed to put a Pride Month resolution on the next agenda as an alternative way to express support.

Correspondence

• Councilor McCoy summarized correspondence received since the last meeting, including topics such as handicap parking signs at Wilson Park, North Quidnessett Road work, Senior Center HVAC, the proposed Quonset asphalt plant, pickleball courts, and many letters about the Pride flag policy.

Key Outcomes

• Approved the mobile food establishment ordinance amendment and the West Passage Brewing seasonal outdoor expansion.
• Approved the consent calendar, including the scoreboard donation, sewer abatement, Signal Rock demolition bid, and $336,922 School Department appropriation; continued minutes to the next meeting.
• Authorized the notice of intent and negotiation to repurchase 55 Brown Street.
• Voted 2-1 to oppose the Quidnessett Country Club water-type change before CRMC.
• Adopted the Water Department fund balance policy.
• Ratified the three-year police collective bargaining agreement.
• Adopted a flag policy limited to U.S., Rhode Island, town, and POW/MIA flags and denied the Pride flag request, with a Pride Month resolution to be scheduled.