September 16 Narragansett TC AGENDA

7/29/2019 September 16 Narragansett TC AGENDA

1/123


2/123

GENERAL RULES AND PROCEDURES

FOR THE TOWN OF NARRAGANSETT TOWN COUNCIL MEETINGS

I. WHO MAY SPEAK

Meetings of the Town Council are open to the public. Any resident who wishes to address the Councilon any subject within the scope of the Council's authority may do so, providing it is accomplished in an

orderly manner and in accordance with the procedures outlined below:

A. SPEAKING ON AGENDA ITEMS

1. Consent Agenda Items. These are items which the Council does not need to discuss individually

and are voted on as a group. Any Council Member who wishes to discuss any individual item

from the Consent Agenda may request the Council president to pull such item from the ConsentAgenda. Those items pulled will be discussed and voted upon individually.

2. Regular Agenda Items. These are items which the Council will discuss individually in the orderlisted on the Agenda. After the Council has discussed an item on the Agenda, the Council

President will close the Council discussion and will inquire if any citizen wishes to be heard on

the matter.

B. SPEAKING ON SUBJECTS NOT ON THE AGENDA

1. Any resident may address the Council on any item not on the Agenda

during that period of time designated as OPEN FORUM.

II. ADDRESSING THE COUNCIL, MANNER, TIME

The length of time each individual may speak must be limited in the interest of order and conduct of the

business at hand. Individuals are limited to three minutes speaking time. Such time may be extended at the

discretion of the Council President. However, the OPEN FORUM portion of the Council meeting shall belimited to a total of thirty (30) minutes.

If there are any speakers who have not had an opportunity to be heard at the end of thirty (30) minutes,OPEN FORUM will be continued to the end of the Council meeting.

Citizens wishing to be heard shall raise their hands until acknowledged by the Council President. Onceacknowledged, the citizens shall come forward, state their name and address and address the Council; please

conduct yourself in an orderly and respectful fashion. The comments of citizens accessing this portion of our

meeting are neither adopted nor endorsed by this body, but heard as requested. Anyone wishing to speak a

second time on the same subject must receive permission from the Council President.

1-19-10


3/123

Narragansett Town Hall25 Fifth Avenue

Narragansett, RI 02882(401) 789-1044

NARRAGANSETT

TOWN COUNCIL

PresidentJames M. Callaghan

President Pro Temusan Cicilline-Buonanno

MembersGlenna M. HagopianMatthew M. Mannix

Douglas E. McLaughlin

Acting Town ManagerRichard Kerbel

Town ClerkAnne M. Irons, CMC

Town Solicitor

Mark A. McSally, Esq.

NARRAGANSETT TOWN COUNCIL

REGULAR MEETING

AGENDA

September 16, 2013

7:30 p.m.

Posted 09-12-13_____________________________________________

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF MINUTES:

September 3, 2013 Regular Meeting

ANNOUNCEMENTS/PRESENTATIONS:

Acknowledgment of Deborah Kelso for her years of Servicewith the Narragansett Chamber of Commerce

OPEN FORUM: Please conduct yourself in an orderly and respectful fashion.The comments of citizens accessing this portion of our meeting are neither adopted

nor endorsed by this body, but heard as requested.

PUBLIC HEARING/DECISION 8:00 P.M.:

A MOTIION to SCHEDULE a PUBLIC HEARINGon a Petition to amend the

Future Land Use Map of the Comprehensive Plan to change the designation ofAssessors Plat B-2, Lot 2B from residential to commercial.

A MOTION to REFERto the Planning Board for Recommendation.

A MOTION to SCHEDULE a PUBLIC HEARING on a Petition to Amend theZoning Map to change the Zoning District classification of Assessors Map B-2, Lot2B from R-80 Residential to B-A Limited Business.

A MOTION to REFERto the Planning Board for Recommendation.

A PUBLIC HEARING on a Petition from Colbea Enterprises, LLC d/b/a Shell

Gasoline Station and Seasons Convenience Store to Operate a 24 hour ConvenienceStore at 1015 Boston Neck Road.

A MOTION to APPROVEthe miscellaneous license application for a victualing andholiday license and APPROVE or DENY the extended hours of operation.

A PUBLIC HEARING to amend Appendix A of the Code of Ordinances of theTown of Narragansett entitled Zoning dissolving the Industrial PerformanceCommission.

A MOTION to RECEIVE and PLACE on FILE the Recommendation from the

Planning.


4/123

Town Council AgendaSeptember 16, 2013Page 2 of 3

A PUBLIC HEARINGto amend the text of Chapter 731 of the Code of Ordinances entitled Zoning,specifically, Section 2.2 Definitions, and Section 4.7 Special Flood Hazard Area Overlay District.

A MOTION to RECEIVE and PLACE on file the Recommendation from the Planning Board.

A MOTION to INTRODUCE, READ, PASS and ACCEPT as a First Reading the text of amendments toSection 2.2 Definitions, and Section 4.7 Special Flood Hazard Area Overlay District.

CONSENT AGENDA:

All items listed on the Consent Agenda are considered to be routine or have been previously reviewed by

the Town Council, and will be enacted by one motion. There will be no separate discussion of these items

unless a Councilmember so requests, in which event the item will be removed from the General Order of

Business, and considered in its normal sequence on the Agenda.

1. A MOTION to APPROVEthe request from The Lung Cancer Foundation to allow three foodtrucks to vend at the North Beach Clubhouse for the 5K Road Race fundraiser to be held onSaturday October 12, 2013 at 11:30 am, subject to approval of state and local regulations.

2. A MOTION to APPROVE a Class F Alcoholic Beverage License for Bonnie J. Addario LungCancer Foundation for a Fundraiser on October 12, 2013 at the North Beach Clubhouse, subjectto state and local regulations.

3. A MOTION to APPROVE a Class F-1 Alcoholic Beverage License for The Courthouse TheaterCompany d/b/a The Contemporary Theater Company for a Fundraiser to be held on October 25,2013 at the Towers, subject to state and local regulations.

4. A MOTION to APPROVE, RATIFY and CONFIRM the request from the F.I.R.M triathlon for theSouth County YMCA held on Sunday September 15, 2013 at 9:00 am, subject to state and local

regulations.

5. A MOTION to RECEIVE and ACCEPT a grant from the Rhode Island Justice Commission in theamount of $18,758.00 and approve the expenditure of funds.

6. A MOTION to APPROVE the proposed five-year contract extension from Thyssen KruppElevator to provide maintenance and repair of the Towers elevator in the amount of $1,470.00 per

quarter subject to the terms and conditions of the existing maintenance agreement .

7. A MOTION to APPROVE the annual service agreement for the emergency communicationssystem from Everbridge, in the amount of $6,745.00 and authorizes the Interim Town Manager to

sign the renewal agreement.

8. A MOTION to APPROVE the cost of fingerprints processed through the Department of AttorneyGeneral State of Rhode Island, in the amount of $35.00 each for FY2013/2014.

9. A MOTION to AWARD the bid for Clothing Cleaning Services for the Police and FireDepartments to the lowest bidder, Hudsons Dry Cleaners & Laundry, Inc., at their quoted prices,for a three-year period.

10.A MOTION to AWARDthe bid for Winter and Summer Brochures 2013/201 for the Parks &Recreation Department to the lowest bidder, Graphic Image, Inc., in the amount of $5,260.00 andan optional amount of $400.00 per run for an additional four pages, if needed.


5/123

Town Council AgendaSeptember 16, 2013Page 3 of 3

OLD BUSINESS:

11.A MOTION to ADOPT An Ordinance in Amendment of Chapter 46 (Miscellaneous Offenses),Article I (In General), Section 46-9 of the Code of Ordinances of the Town of Narragansett entitledSmoking and use of tobacco products prohibited during youth events held at town athletic andrecreational facilities, and at other designated public places.

NEW BUSINESS:

12.A MOTION to AWARD the bid for the Multi-Jurisdictional Facility (Marine Storage - Port ofGalilee) Pre-Engineered Building to the lowest responsive and responsible bidder, PascackBuilders, Inc., in the total amount of $463,400.00.

13.A MOTION to ADOPT a Resolution authorizing budget transfer from FY12-13 in accordancewith the Town Charter.

14.A MOTION to SCHEDULEa work session to discuss the five year financial plan for the Town ofNarragansett.

15.A MOTION to SCHEDULE a work session to discuss the North Cabana Reconstruction Project.

16.A MOTION to SCHEDULE a work session to examine the athletic facilities at the high school.

17.A MOTION to SCHEDULE a Promotional Ceremony for the Police Department.

18.A MOTION to SCHEDULE a Meet and Greet with the new Town Manager.

REPORTS FROM TOWN MANAGER:

REPORTS FROM TOWN COUNCIL:

EXECUTIVE SESSION:

ADJOURNMENT:

Note: Documentation (if any) for items listed on this Agenda is available for public inspection, a minimum of 24 hours prior to themeeting, at any time during regular business hours at Town Clerks Office, 25 Fifth Avenue, Narragansett, RI 02882. Interpreters for thehearing impaired can be made available at any meeting provided a request is received a minimum of three (3) business days prior to said

meeting.


6/123

_______________________________________________________________________________________________________

TOWN CLERK USE ONLY:

Consent Agenda ORD. # RES. # Carry Over to Date: LCON# LIC. # Approved Action Date: Unfinished Business (Date heard previous: ) New Business Public Hearing No Action Taken

REV. 02/2010

TOWN OF NARRAGANSETT CC: ____________

COUNCIL COMMUNICATION Amend No. ______

Date Prepared: September 9, 2013Council Meeting Date: September 16, 2013

_____________________________________________________________________

TO: Richard Kerbel, Acting Town Manager

FROM: Anne M. Irons, CMC Town Clerk

SUBJECT: Approval of Town Council Minutes

RECOMMENDATION:

That the Town Council approve the minutes from the following meetings:

September 3, 2013 Regular Meeting

SUMMARY:

Attached are minutes as in accordance to state law.


7/123

NARRAGANSETT TOWN COUNCIL

REGULAR TOWN COUNCIL MEETING

SEPTEMBER 3, 2013 MINUTES

At a Regular Meeting of the Town Council of the Town of Narragansett held on

Tuesday, September 3, 2013 at 7:30 p.m., at the Narragansett Town Hall.

Present: James M. Callaghan, President,

Susan Cicilline-Buonanno, President Pro Tem

Glenna M. Hagopian, Member

Matthew M. Mannix, Member

Douglas E. McLaughlin, Member

Richard Kerbel, Acting Town Manager

Mark A. McSally, Town Solicitor

James M. Callaghan, President calls the meeting to order and leads those in attendance in

Pledging Allegiance to the Flag.

APPROVAL OF MINUTES

Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded and it so voted to

approve the minutes of the July 15, 2013 Regular Meeting and the August 5, 2013 Work

Session Meeting, August 5, 2013Regular meeting and the August 19, 2013 Regular

Meeting as presented.

Susan Cicilline-Buonanno aye, Douglas E. McLaughlin aye Glenna Hagopian aye,

Matthew M. Mannix aye, James M. Callaghan aye


8/123


9/123

TownCouncilMeetingMinutesAugust19,2013Book54Page651discussion and public comment and it further to require public presentation by the

museum for a new lease under a public hearing process. He hopes it will be a transparent

issue and a new lease is discussed in public; Shirley Eastham noted that on October 6th a

road/walk race to benefit the Historical Society will be held and hopes everyone attends.

She also noted that a house tour will held on October 13th with 8 homes and two

churches; Albert Alba speaks on constructing a pier as the town is known as the

Narragansett Pier and suggests that money should come from the towns beach fund to

pay for the installation of a pier in Narragansett.

CONSENT AGENDA

The consent agenda is voted on with one motion except item #4 and #8.

1. A MOTION to the request from Patriot Pole Vault Club to conduct a beach pole

vaulting tournament on Saturday September 21, 2013 from 9:00 am to 3:00 pm on

the town beach.

APPROVED(Cicilline-Buonanno-Mannix- 5/0)

Douglas E. McLaughlin aye, Susan Cicilline-Buonanno aye, Glenna Hagopian aye,


2. A MOTION to APPROVE and AUTHORIZE the Narragansett Chamber of

Commerce to host the annual Summers End Festival at the North Beach

Clubhouse on Sunday September 22, 2013 subject to approval of state and local

regulations

APPROVED(Cicilline-Buonanno-Mannix 5/0)


10/123

TownCouncilMeetingMinutesAugust19,2013Book54Page652Douglas E. McLaughlin aye, Susan Cicilline-Buonanno aye, Glenna Hagopian aye,


3. A MOTIONto APPROVE a Class F Alcoholic Beverage License a request from the

Narragansett Chamber of Commerce and to allow alcohol consumption on the beach

(in the designated area in accordance with Town Ordinance Chapter 947) and or the

2013 Summers End Festival at the North Beach Clubhouse on September 22, 2013,

subject to state and local regulations and receipt of insurance and/or signed indemnity

agreement.




4. A MOTION to APPROVE a Class F Alcoholic Beverage License for the Wildlife

Rehabilitation Association of Rhode Island on September 28, 2013, subject to

state and local regulations.

AMENDED to CHANGE to F-1 and subject to Village Inn not supplying alcohol

to that event .APPROVED (Cicilline-Buonanno-Hagopian 5/0)



5. A MOTION to APPROVE a Class F Alcoholic Beverage License for the Narragansett

Lions Club for the First October fest at Veterans Memorial Park on October 5, 2013,

subject to state and local regulations.


11/123

TownCouncilMeetingMinutesAugust19,2013Book54Page653

APPROVED (Cicilline-Buonanno-Mannix 5/0)



6. A MOTION to APPROVE a Class F-1 Alcoholic Beverage License for the

Narragansett Fire Fighters Charity ball at the Dunes Club on October 5, 2013 at

the dunes Club, subject to state and local regulations.


Douglas E. McLaughlin aye,Susan Cicilline-Buonanno aye, Glenna Hagopian aye,Matthew M. Mannix aye, James M. Callaghan aye

7. A MOTION to AWARD the bid for Road Materials to the following low bidders:

South County Sand & Gravel Co., Inc. for Processed Gravel; Material Sand &

Stone Corp. for Rip Rap Stone; and Dry Bridge Sand & Stone, Inc. for Bank

Gravel, Washed Sand and Washed Crushed Stone at their quoted bid prices for a

one year period.

APPROVED (Cicilline-Buonanno- Mannix 5/0)

Douglas E. McLaughlin aye,Susan Cicilline-Buonanno aye, Glenna Hagopian aye,Matthew M. Mannix aye, James M. Callaghan aye

8. A MOTION to APPROVE the four-week rental of a Bobcat Compact Tracked

Loader from United Rentals, Inc. for the Public Works Department, in the amount

of $3,184.51.


12/123


13/123


14/123




The council recesses for five minutes.

PUBLIC HEARING:

33 State Street, Inc. d/b/a THE RIGHT TERN-President Francis W. Blount, Jr., 33

State Street, Narragansett, Rhode Island BV Liquor License be transfer to Amy A.

Mason d/b/a d/b/a Hanks Down South, LLC.

33 State Street, Inc. d/b/a THE RIGHT TERN-President Francis W. Blount, Jr., 33 State

Street, Narragansett, Rhode Island has requested that BV Liquor License be transferred to

Amy A. Mason d/b/a d/b/a Hanks Down South, LLC. In order to transfer the business

under a new owner it is necessary to hold a public hearing. The current restrictions on the

license are as follows:

The Right Tern (Formerly Pirate Girl)

Closing time will be 12:30 AM

Live Entertainment is limited to the inside of the restaurant and will not be

allowed on the outside deck

All windows and doors on the water side of the restaurant be closed at

10:00 PM on evenings when there is musical entertainment

Susan Cicilline-Buonanno moved, Glenna M. Hagopian seconded and it is unanimously

so voted to Open the Public Hearing.


15/123


16/123


17/123

TownCouncilMeetingMinutesAugust19,2013Book54Page659pathogens to the river have prevented it from meeting its designated use resulting in its

inclusion in the DEMs Office of Water Resources 303(d) list. This list includes all

waterbodies that do not meet Rhode Island Water Quality Standards.

Because stormwater is a significant source of the contamination, a study of eleven of the

twelve large stormwater outfalls on the Narragansett side of the river were evaluated by

Fuss & ONeill in cooperation with a committee of local stakeholders including the Town

of Narragansett, Coastal Resource Center, CRMC, Narrow River Preservation

Association, and the Narragansett Conservation Commission with the results published in

the Narrow River Stormwater Abatement Study funded by DEM in 2005. As part of the

Towns MS4 Stormwater license issued by DEM, the Town is required to address these

problems. Since the study, the Town has constructed stormwater quality systems at the

end of Mettatuxet Road, at Edgewater and at Pettaquamscutt Terrace. These efforts have

addressed 5 of the eleven outfalls evaluated. Stormwater quality systems at Circuit Drive

(at Wampum and Montauk) were constructed before the study was done. A significant

portion of the cost of these stormwater improvement projects has been provided by DEM

grants. To facilitate the Towns participation in upcoming grant opportunities, the

Department of Public Works (DPW) requested a proposal from Fuss & ONeill to

provide a proposal for completion of a preliminary design (30% design) for three

additional outfalls at Indian Trail and North and South River Drive in Mettatuxet.

Fuss & ONeill completed the 2005 evaluation and provided complete design and project

oversight of the Edgewater and Pettasquamscutt Terrace projects. Their team of


18/123

TownCouncilMeetingMinutesAugust19,2013Book54Page660professionals led by Dean E. Audet, PE, Senior Vice President, are uniquely qualified to

continue this work. Funding is available in the Public Works Major Maintenance

Account, 19-730-7680, Storm Drainage Program.

Matthew M. Mannix moved, Susan Cicilline-Buonanno seconded and it is unanimously

so voted to APPROVE the proposal for professional engineering services to complete

preliminary designs for stormwater BMPs for Indian Trail and Mettatuxet 3 & 4

catchments (under South and North River Drive) with Fuss & ONeill, in the total

amount of $31,689.00 and to authorize the Interim Town Manager to sign the

Authorization to Proceed.



14. The parks department is seeking approval to permanently close the Clarke Road

pool by purchasing and installing processed gravel to eliminate potential public liability

with the existing structure. The Town purchased the Camp Jori property in 2002 and the

pool was one of many amenities on the property at the time of sale. The Town operated

the pool from 2005 through 2011 with maintenance and improvements costing

$289,416.35 over the seven year period. In 2011 the underground water service lines to

the pool were leaking extensively forcing the town to fill the pool on a continuous daily

basis to offset the extensive loss of water from the lines. In was determined in 2012 that

due to the age of the pool, not being ADA accessible and the projected cost to either


19/123


20/123


21/123


Water Tanks & Lead Remediation - $1,500,000

Once a decision is made regarding the bond projects, a resolution requesting state

legislation authorizing the borrowing to be presented to the voter and, depending on the

project, approval by other state agencies will be required.

Matthew M. Mannixmoved, Glenna M. Hagopian seconded and it is unanimously so

voted to schedule a work session on October 7, 2013 at 6:30 p.m.



16. The Towers Committee has two seats available for reappointment due to the

expiring terms of existing Board members. Mary Beth Arnold and John Miller have

requested to be reappointed and the following indicates the original board appointment

date and expiration date for the current members.

Name Appointed Expiration Date

Mary Beth Arnold 1/3/2012 8/1/2013

John Miller 1/3/2012 8/1/2013

Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded and it is unanimously

so voted to reappoint Mary Beth Arnold and John Miller to the Towers Committee for

two year terms that will expire 8/1/2015.




22/123


23/123


24/123


25/123


26/123


27/123


28/123


29/123

_______________________________________________________________________________________________________

TOWN CLERK USE ONLY: Consent Agenda ORD. # RES. # Carry Over to Date: LCON# LIC. # Approved Action Date: Unfinished Business (Date heard previous: ) New Business Public Hearing No Action TakenREV. 02/2010




_____________________________________________________________________

TO: Richard Kerbel, Acting Town ManagerFROM: Anne M. Irons, CMC - Town Clerk

SUBJECT: Schedule a Public Hearing Request from South County JewishCollaborative and South County Tourism Council to Amend the ZoningMap from R-80 Residential to B-A Limited Business on Assessors PlatB-2, Lot 2B

RECOMMENDATION:

That the Town Council Schedule a Public Hearing on a Petition to Amend the Zoning

Map to change the Zoning District classification of Assessors Map B-2, Lot 2B from R-80 Residential to B-A Limited Business.

A motion is also needed to refer this matter to the Planning Board for recommendation.

Suggested date for Public Hearing is November 18, 2013.

SUMMARY:

Current owner, South County Jewish Collaborative and potential owner South CountyTourism Council have submitted a petition to amend the Zoning Map to change the

Zoning District classification of Assessors Map B-2, Lot 2 from R-80 Residential toB-A Limited Business.

A public Hearing needs to be scheduled in order to hear the petition. When the publichearing date has been set by the Town Council, an advertisement will be placed in theNarragansett Times at least once a week for three successive weeks before the hearingdate. Written notice of the date, time and place of the public hearing and the nature andpurpose of the public hearing shall be sent to all owners of real property whose propertyis located in or within not less than 200 feet of the perimeter of the area proposed forchange.

ATTACHMENT:1. Petition


30/123


31/123


32/123


33/123


34/123


35/123


36/123


37/123


38/123

Town

ofSo

uthKing

stown

Town

ofNa

rraga

nsett

Town Line

Tow

erHillR

oad

Kingstown

Rd.

HomelandAve.

Pleasant Ave.

Highland Ave.

A.P. B-2, Lot 2-B

Perry's

Pond

Silv

erL

ak

e

500'

JeanSt

reet

R-80 R-10

Kingstow

nRoad

Dillon Rotary

R-10R-40

B-A(Vacant)

(Vacant)(Commercial)

(Commercial)

(Single FamilyResidential)

(Managed Open Space)



(Residential Lotw/Additional Dev.Potential)

(Single FamilyResidential)

(DedicatedOpen Space)

(DedicatedOpen Space)


FOR

LOCATEDAT

FOR

DrC

7/15/2015

MjC

1"=

100'

1

Being A.P. B-2, LOT 2-B - Lot Area = 6.08 ACRES

Narragansett, RI 02882375 Kingstown Road

LOCATED AT

SouthCountyBikePath

100 0 100 200 300

Scale 1" = 100'

11118JobNumber

Existing Zoning for A.P. B-2, Lot 2-B = R-80Propopsed Zoning for A.P. B-2, Lot 2-B = B-A

Wetland Area Per RIGIS

Land Use(Managed Open Space)

%%uLEGEND:

Zoning DistrictR-80


39/123

_______________________________________________________________________________________________________




Date Prepared:August 26, 2013Council Meeting Date: September 16, 2013

_____________________________________________________________________

TO: Richard Kerbel. Acting Town Manager

FROM: Anne M. Irons, CMC-Town Clerk

SUBJECT: APublic Hearing for 24 hour Operations at the Shell GasolineStation and Seasons Convenience Store at 1015 Boston Neck Road

RECOMMENDATION:

That the Town Council hold a public hearing on the Petition from Colbea EnterprisesLLC d/b/a Shell/Seasons to operate a 24 hour gasoline station/convenience store at1015 Boston Neck Road, Narragansett, Rhode Island.

And That the Town Council approve the miscellaneous license application for avictualing and holiday license and approve or deny the extended hours of operation.

SUMMARY:

Colbea Enterprises LLC d/b/a Shell/Seasons has requested to be opened additionalhours from 2:00 a.m. to 6:00 a.m. in order to operate a 24 hour convenience store.

In accordance to RI State Law 5-24-1 a public hearing is required before the towncouncil in order to receive permission for the additional hours of operation.

This property has supported a gas station/convenience store with an automobile repairshop at this location for more than twenty (20) years. The applicant was before thePlanning and Zoning Board of Review in early spring to request to demolish the existing1,410 square foot automobile repair shop and food mart and to construct a new one-story 35 x 57 convenience store 1015 Boston Neck Road. The existing automobilerepair use is now discontinued but the existing pumps, Pump Island, canopy andunderground storage tanks will remain as they exist.

The applicant is requesting to operate 24 hours in order to sell gasoline and brewedcoffee at the newly constructed convenience store.


40/123

APublic Hearing for 24 hour Operations at the Shell GasolineStation and Seasons Convenience Store at 1015 Boston Neck RoadTown Council Meeting September 16, 2013Page 2

ATTACHMENTS:

1. Advertisement2. Request from Colbea Enterprises LLC3. Application for Victualing & Holiday License


41/123


42/123


43/123


44/123


45/123

_______________________________________________________________________________________________________



REV. 02/2010




_____________________________________________________________________

TO: Honorable Town Council

FROM: Interim Town Manager Richard Kerbel

SUBJECT: A public hearing for the purpose of proposed dissolution of the IndustrialPerformance Commission

RECOMMENDATION:

A public hearing to amend Appendix A of the Code of Ordinances of the Town ofNarragansett entitled Zoning for the purpose of dissolving and removing all referencesto the Industrial Performance Commission and to accept the recommendation of the

Planning Board.

SUMMARY:

The Industrial Performance Commission has asked to be dissolved as they feel thattheir responsibilities have become obsolete over the years with the passage of stricterState of Rhode Island Fire Codes and Building Regulations. The proposed ordinancewill remove all references to the Industrial Performance Commission.

The Planning Board recommends approval of an ordinance dissolving the IndustrialPerformance Commission.

ATTACHMENTS:1. Memo from the Industrial Performance Commission2. Proposed text of Ordinance3. Planning Board letter4. Advertisement


46/123

Town HalJ25 Fifth Avenue

R1 02882(401) 789-1044INDUSTRIALPERFORMANCECOMMISSION

Acting Chair

Vice-Chairldine Citrone

ChiefDavid ArnoldJohn HodnettMulhollandEx-Officiothony Santill i

DirectorMichae l DeLuca

Clerk of the BoardDenise Buonanno

NARRAGANSETT INDUSTRIALPERFORMANCE COMMISSION

Date: June 26, 2013To: Rich Kerbel, Acting Town ManagerFrom: Industrial Performance Comm iss ionRE : Disso lution of the Industrial Performance Co mmi ssion

This memorandum is se nt on behalf of the ent ire Indu strial Pe1formance Co mmissionrequesting the Town Manager invest igate the necessary steps to take to disso lve the fPC .The LPC takes its charge very ser iously and makes this request having discussed anddebated the merits of rem aining in place or being removed. It has been concluded byconsensus of the Commission that its responsibilities have become obso lete over the yea rswith the passage of stricter State of RI Fire Codes an d Building Regul ations.Past and present Fire Chi efs have pointed out on several occasio ns that the review of newor expanded businesses in our industrial areas is addressed in much more detai I during th eFire Depar tment ' s " Site Review" than the IPC currently conducts . Documentation ofmaterials and manufacturing processes that the Fire Depar tment must rece ive is todaymuch more extensive than it was back in th e time when the fP C was founded and th e FireDepartment is better trained to consider what, if any , hazards a pa1 icular busine ss activitymay pose. As a result there now seems to be an overlap in jurisdictional authority . TheCommission members agree unanimously that it seems duplicative to continue thisrev iew procedure into the future .For these reasons the Industrial Performance Comm ission humbly req uests the TownManager move forward with the Town Co un cil to carry out and comp lete any act ionsnecessary to dissolve thi s Commission and remove any pertinent regu lations fromChapter 12 of the Zonin g Ordinance that currently req uire action of this Commi ssion .

cc : Michael DeLuca, Community Development Director


47/123

TOWN OF NARRAGANSETT

CHAPTER ________

AN ORDINANCE IN AMENDMENT OF APPENDIX A, OF THE CODE OFORDINANCES OF THE TOWN OF NARRAGANSETT, RHODE ISLAND, ENTITLED

ZONING

It is hereby ordained by the Town Council of the Town of Narragansett as follows:

SECTION 1. Appendix A Section 12.6 Industrial Development Standards is herebyamended as follows:

Delete paragraph 2: For uses of land within the I-A and I-B zones which do not

require special use permits, the industrial performance commission (IPC) defined insubsection 5 hereunder shall act as a site review commission, and shall set reasonablerequirements for site design and construction according to the industrial developmentstandards hereunder. The industrial performance commission shall also certify that theproposal meets all applicable industrial performance standards.

SECTION 2. Appendix A Section 12.7 Industrial Performance Standards is herebyamended as follows:

Delete paragraph 1: No land shall be used nor structure erected or occupied forindustrial use unless the town industrial performance commission (hereafter thecommission) has certified that the proposed use complies with the following

performance standards.

(1)Application for certificationDelete section and replace with Eliminated(2) Review by industrial performance commission Delete section and replace

with Eliminated(4) Enforcement of performance standards. If the zoning enforcement agency

determines that a permitted industrial use might be violating any performancestandards, it shall send written notice of the probable violation by registeredor certified mail to the owner and tenants of the industrial use and to theindustrial performance commission. The notice shall describe the allegedviolation and shall require correction or an answer within a specific time. It

shall state that failure to answer or to correct the alleged violation to thesatisfaction of the building inspection division within the time limit constitutesadmission of violation of this ordinance. The notice shall further state that ifthe violation continues, the zoning enforcement agency will undertake atechnical survey to determine its nature and extent. If a violation is found,those responsible will be charges the costs of the determination, including thecosts of hiring qualified experts, and for such penalties as this ordinanceprovides.


48/123

The zoning enforcement agency may request the assistance of the industrialperformance commission in cases of probable violations.

(5) Industrial performance commissionDelete section and replace withEliminated

Section 3. Appendix A Section 18.3 Site Plan Submission and Review Paragraph 1 ishereby amended as follows:

Within six months after the presubmission conference, the applicant shall submit tencopies of the site plan and related information, together with requires fees, to theplanning division. The planning board shall adopt rules establishing the schedule offees to help defray the administrative costs of site plan review. Such fee schedule shallbe on file in the offices of the planning division and the town clerk. The planningdivision may transmit copies of the site plan and EAF for review and comment to thefollowing town departments, officers, and commissions, as applicable: The buildinginspection and engineering divisions, the director of the department of public works, the

police and fire chiefs, the director of the department of parks and recreation, the townsolicitor, the Narragansett housing authority, the conservation commission, and thehistoric district commission. and the industrial performance commission. The planningdivision also may transmit copies of the site plan and EAF to relevant state and federalagencies, including but not limited to: The Rhode Island Department of theEnvironment, Coastal Resources Management Council, and Department ofTransportation, and the United States Army Corps of Engineers, Soil ConservationService, and Fish and Wildlife Service.

Section 4. This ordinance shall take effect upon its passage, and all other ordinancesor parts of ordinances inconsistent herewith are hereby repealed.

First reading read and passed in the Town Council meeting legally assembled the_____ day of ______________, 2013.

Second reading read and passed in the Town Council meeting legally assembled the_____ day of ______________, 2013.

ATTEST:

_______________________________

Anne M. Irons, CMCTown Clerk


49/123

MEMORANDUM

DATE: August 16, 2013

TO: James M. Callaghan, President, Honorable Town Council

FM: Terence Fleming, Chairman - Narragansett Planning Board

RE: Recommendation addressing the requested Zoning Text Amendment dissolving the

Industrial Performance Commission

PROJECT BACKGROUND

At the request of its members, the Industrial Performance Commission has requested the TownCouncil consider dissolving the Industrial Performance Commission. Since the 1980s this

Commission has ben tasked with reviewing applications for construction and/or expansion of

business activities targeted to the IA and IB industrial zones. These applications have primarily

focused on the south Ferry Industrial Park and the small industrial area on Walts Way. In recentyears the State of Rhode Island has updated and expanded the requirements for industrial

development review through Building, Electrical and Fire Codes regulations. Today the Fire

Marshal and the Building Official review a wide array of components related to industrialdevelopment before permits are issued. Specific documentation of compliance with the new

codes must be in hand prior to issuance of a certificate of occupancy. As such, it is the position

of the IPC membership that their role has been reduced to a duplication of the responsibilities ofothers. For this reason they have requested this amendment.

PLANNING BOARD FINDINGS

On August 20, 2013 the Planning Board considered this request and provided the analysis and

recommendation below. In attendance were Terry Fleming, Dr. Joseph ONeill, John Hodnett,

Stephen Glazer and Vin Indeglia.

Generally, the Planning Board analysis of this request defers to the wishes of the IPC

membership. The Fire Chief and Fire Marshal have both weighed in on this matter as have thedesignees from the Planning Board and Zoning Board. In addition the IPCs two public

members have concurred with the others that their role has been diminished and share in

questioning the relevance of retaining a volunteer board to replicate the work of trainedprofessionals.

CONSISTENCY WITH THE COMPREHENSIVE PLAN

The considerations the Planning Board have addressed in the past regarding map amendmentsinvolve the appropriateness of the change to the affected area, sufficiency of infrastructure to

serve the new zone, consistency with proposed plans for the area and if the change will promote


50/123

2the development of the Town as envisioned in the Comprehensive Plan. In the case of a

proposed text amendment these tests must be adapted slightly to:

(1) Whether the elimination of certain passages of the Zoning Ordinance is appropriate to thezoning districts in which it has served.;

(2) Whether other arrangements are in place to ensure no void in the enforcement of

industrial performance provisions;

(3) Whether the eliminated text leaves the Zoning Ordinance internally consistent with otherdevelopment regulations for the industrial zones;

(4) Whether the proposed amendment will promote the development of the Town ascontemplated in the Comprehensive Plan

Addressing these standards individually, the Planning Board makes the following findings:

Appropriateness & Enforcement: Eliminating the IPC does not also result in loss of the Towns

industrial performance standards. Section 12.6 will retain all the development standards and

Section 12.7 will retain all the detailed performance criteria regulating industrial uses.Compliance with these regulations will be handled in the future by the Fire Marshal and Building

Official in the very same manner they regulate all other requirements, (uses, dimensions, buffersetc.).

Consistency: Regarding consistency with existing development character for the industrial zones,

the Board notes that the IA and IB Zones are dominated by large scale manufacturing,assembling, and warehousing developments. There are only 2 industrial areas in Town:

South Ferry Road Walts Way

Because the regulatory standards will remain and be enforced by town officials the eliminated

text will not create any inconsistency with other development regulation pertaining todevelopment in the IA and IB zones. The elimination of the IPC will only remove an

intermediate step of public review for compliance with building and material managementstandards of the Town & State that must be confirmed today by either the Fire Marshal or the

Building. No aspect of the development or its practices will be overlooked.

Comprehensive Plan: In general, the way in which the Town ensures compliance with its

industrial standards is not directly addressed in the Town Comprehensive Plan. The Board

acknowledges the assertion of the IPC membership that their role has become duplicative ofothers with more skilled training in matters of noise, dust, smoke, waste, gases fumes etc. The

Comprehensive Plan does not suggest removal of this or any Town Board but does provide

direction for appropriate regulatory standards in the future.

Implementation Item #33 suggests the town Continue to promote appropriatebusiness development. The Board interprets this element to not only seek business

location in Narragansett that complements the Towns overall character, but also to

encourage the efficient regulation of business development and expansion.Elimination of a review step covered by trained professionals will further this

objective.

Implementation Item #38 suggests the town Maintain appropriate site designstandards. As noted above the standards set forth in Sections 12.6 and 12.7 will notbe removed or reduced.


51/123


52/123


53/123


54/123


55/123


CHAPTER

AN ORDINANCE IN AMENDMENT OF CHAPTER 731 OF THE CODE

OF ORDINANCES OF THE TOWN OF NARRAGANSETT, RHODEISLAND, ENTITLED ZONING

It is ordained by the Town Council of the Town of Narragansett as follows:

Section 1: Section 2.2 (Definitions) of Chapter 731 of the Code of Ordinances of theTown of Narragansett, entitled Zoning is hereby amended by deleting the introductorysentence that reads As used in this ordinance, the following words and terms shall havethe meanings indicated and replacing it with As used in this ordinance, the followingwords and terms shall have the meanings indicatedunless otherwise specified.

Section 2: Section 4.7 (Special Flood Hazard Area Overlay District) of Chapter 731of the Code of Ordinances of the Town of Narragansett, entitled Zoning is herebyamended by deleting the entirety of the existing text and replacement with the following

4.7. Special Flood Hazard Area Overlay District.

(a) Purpose. The purpose of this Section of the Ordinance is to ensure public safety,minimize hazards to persons and property from flooding, to protect watercourses fromencroachment, and to maintain the capability of floodplains to retain and carry offfloodwaters. The Town of Narragansett elects to comply with the requirements of theNational Flood Insurance Act of 1968 (P.L. 90-488, as amended).

(b) Applicability. This Special Flood Hazard Area Overlay District contains special

flood hazard areas, including floodways and coastal high hazard areas. Special floodhazard areas are subject to recurrent flooding which presents serious hazards to thehealth, safety, welfare, and property of the residents of the Town of Narragansett.Regulation of the development and alteration of such areas is thus in the public interest.

(1) Special Flood Hazard Areas

The Special Flood Hazard Areas are herein established as a floodplainoverlay district (District). The District includes all special flood hazard areaswithin the Town of Narragansett designated as Zone A, AE, AH, AO, A99,V, or VE on the Washington County Flood Insurance Rate Map (FIRM) andDigital FIRM issued by the Federal Emergency Management Agency

(FEMA) for the administration of the National Flood Insurance Program.The map panels of the Washington County FIRM that are wholly or partiallywithin the Town of Narragansett are panel numbers 44009C0114J,44009C118J, 44009C192J, 44009C194J, 44009C0202J, 44009C0203J,44009C0204J, 44009C0206J, 44009C0208J, 44009C0211J, 44009C0212J,44009C0213J, 44009C0214J, 44009C0307J, and 44009C0326J datedOctober 16, 2013. The exact boundaries of the District may be defined bythe 100-year base flood elevations shown on the FIRM and further definedby the Washington County Flood Insurance Study (FIS) report dated October16, 2013. The office of the Building Official is responsible for floodplain


56/123


57/123


58/123

4. Freshwater Wetlands Act, Department of EnvironmentalManagement (RIGL 2-1-18)

5. Minimum Standards Related to Individual Sewage DisposalSystems, Department of Environmental Management (RIGL 46-12)

6. Water Quality Regulations, Rhode Island Department ofEnvironmental Management (RIGL 42-17.1 AND 42-17.6 AND46-12)

b. Any variances from the provisions and requirements of the abovereferenced state regulations may only be granted in accordance with therequired variance procedures of these state regulations.

(2)Other Use Regulations

a. Within Zones AH and AO on the FIRM, adequate drainage pathsmust be provided around structures on slopes, to guide floodwatersaround and away from proposed structures.

b. Within Zones AO on the FIRM, new and substantially improvedresidential structures shall have the top of the lowest floor at least ashigh as the FIRMs depth number above the highest adjacent gradeand non-residential structures shall be elevated or flood-proofedabove the highest adjacent grade to at least as high as the depthnumber on the FIRM. On FIRMs without a depth number for the AOZone, structures shall be elevated or floodproofed to at least two feetabove the highest adjacent grade.

c. In Zones A1-30 and AE, along watercourses that have a regulatoryfloodway designated on the Washington County FIRM encroachmentsare prohibited in the regulatory floodway which would result in anyincrease in flood levels within the community during the occurrenceof the base flood discharge.

d. All subdivision proposals must be designed to assure that:

1. Such proposals minimize flood damage;

2. All public utilities and facilities are located and constructedto minimize or eliminate flood damage; and

3. Adequate drainage is provided to reduce exposure to floodhazards.

e. Detached accessory structures (i.e., garages, sheds) in Zones A, AE,

A1-30, AO, and AH special flood hazard areas do not have to meetthe elevation or dry flood-proofing requirement if the followingstandards are met:

1. The structure has a value less than $1000.

2. The structure has unfinished interiors and must not be used forhuman habitation. An apartment, office or other finishedspace over a detached garage is considered human habitationand would require the structure to be elevated.

3. The structure is not in the floodway.

4. The structure is not used for storages of hazardous materials.


59/123


60/123

residential structures to or above the base flood level and forfloodproofing non-residential structures to or above the base flood level.

(e) Definitions. Unless otherwise specified, the definitions provided for below shallonly be applicable to Section 4.7 of the Zoning Ordinance.

Accessory Structure. A structure which is on the same parcel of property as

the principal structure to be insured and the use of which is incidental to the use ofthe principal structure.

Area of Shallow Flooding. A designated AO, AH, AR/AO, AR/AH, or VOzone on a communitys Flood Insurance Rate Map (FIRM) with a one percent orgreater annual chance of flooding to an average depth of one to three feet where aclearly defined channel does not exist, where the path of flooding isunpredictable, and where velocity flow may be evident. Such flooding ischaracterized by ponding or sheet flow.

Area of Special Flood Hazard. See definition for Special Flood HazardArea.

Base Flood. The flood having a one (1) percent chance of being equaled orexceeded in any given year, also referred to as the one hundred (100) year flood,as published by the Federal Emergency Management Agency (FEMA) as part of aFlood Insurance Study (FIS) and depicted on a Flood Insurance Rate Map(FIRM).

Base Flood Elevation (BFE). The elevation of the crest of the base flood or100-year flood. The height, as established in relation to the North AmericanVertical Datum (NAVD) of 1988 (or other datum where specified), in relation tomean sea level expected to be reached by the waters of the base flood at pertinentpoints in the floodplains of coastal and riverine areas.

Basement. Any area of the building having its floor subgrade (below groundlevel) on all sides.

Building. See definition for Structure.

Coastal A zone. Area within a special flood hazard area, landward of a V

Zone or landward of an open coast without mapped V Zones. The principal

source of flooding must be astronomical tides, storm surges, seiches, or tsunamis,

not riverine flooding. During the base flood conditions, the potential for breaking

wave heights shall be greater than or equal to 1.5 feet.

Cost. As related to substantial improvements, the cost of any reconstruction,rehabilitation, addition, alteration, repair or other improvement of a structure shall

be established by a detailed written contractors estimate. The estimate shallinclude, but not be limited to: the cost of materials (interior finishing elements,structural elements, utility and service equipment); sales tax on materials, buildingequipment and fixtures, including heating and air conditioning and utility meters;labor; built-in appliances; demolition and site preparation; repairs made todamaged parts of the building worked on at the same time; contractors overhead;contractors profit; and grand total. Items to be excluded include: cost of plansand specifications, survey costs, permit fees, costs to correct code violationssubsequent to a violation notice, outside improvements such as septic systems,


61/123

water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems,and detached structures such as garages, sheds, and gazebos.

Development. Any man-made change to improved or unimproved real estate,including but not limited to the construction of buildings or other structures;mining, dredging, filling, grading, paving, excavation or drilling operations orstorage of equipment or materials.

Existing Manufactured Home Park or Manufactured Home Subdivision. Amanufactured home park or manufactured home subdivision for which theconstruction of facilities for servicing the lots on which the manufactured homeare to be affixed (including, as a minimum, the installation of utilities, theconstruction of streets, and either final site grading or the pouring of concretepads) is completed before the effective date of the floodplain managementregulations adopted by a community.

Expansion to an Existing Manufactured Home Park or Existing Manufactured

Home Subdivision. The preparation of additional sites by the construction offacilities for servicing the lots on which the manufacturing homes are to be

affixed (including the installation of utilities, the construction of streets, and eitherfinal site grading or the pouring of concrete pads).

Federal Emergency Management Agency (FEMA). The federal agency thatadministers the National Flood Insurance Program (NFIP).

FloodorFlooding. A general and temporary condition of partial or completeinundation of normally dry land areas from either the overflow of inland or tidalwaters, or the unusual and rapid accumulation or runoff of surface waters fromany source.

Flood Insurance Rate Map (FIRM). The official map of a community onwhich the Federal Insurance Administrator has delineated both the special floodhazard areas (and the risk premium zones applicable to a community. A FIRMthat has been made available digitally is called a Digital Flood Insurance RateMap (DFIRM).

Flood Insurance Study (FIS). The official study of a community in which theFederal Emergency Management Agency (FEMA) has conducted a technicalengineering evaluation and determination of local flood hazards, flood profilesand water surface elevations. The Flood Insurance Rate Maps (FIRM), whichaccompany the FIS, provide both flood insurance rate zones and base floodelevations, and may provide the regulatory floodway limits.

Flood Proofing. Any combination of structural and non-structural additions,

changes, or adjustments to structures which reduce or eliminate flood damage toreal estate or improved real property, water and sanitary facilities, structures andtheir contents.

Floodway. The channel of a river or other watercourse and the adjacent landareas that must be reserved in order to discharge the base flood withoutcumulatively increasing the water surface elevation more than a designatedheight. For the purposes of these regulations, the term Regulatory Floodway issynonymous in meaning with the term Floodway.


62/123

Freeboard. A factor of safety usually expressed in feet above a flood level forpurposes of floodplain management. "Freeboard" tends to compensate for themany unknown factors that could contribute to flood heights greater than theheight calculated for a selected size flood and floodway conditions, such as waveaction, bridge openings, and the hydrological effect of urbanization of thewatershed.

Functionally Dependent Use or Facility. A use or facility that cannot performits intended purpose unless it is located or carried out in close proximity to water.The term includes only docking facilities, port facilities that are necessary for theloading and unloading of cargo or passengers, and ship building and ship repairfacilities. The term does not include seafood processing facilities. HighestAdjacent Grade (HAG). The highest natural elevation of the ground surface priorto construction next to the proposed walls of a structure.

Historic Structure. Any structure that is: (a) Listed individually in theNational Register of Historic Places (a listing maintained by the Department ofthe Interior) or preliminarily determined by the Secretary of the Interior as

meeting the requirements for individual listing on the National Register; (b)Certified or preliminarily determined by the Secretary of the Interior ascontributing to the historic significance of a registered historic district or a districtpreliminarily determined by the Secretary to qualify as a registered historicdistrict; (c) Individually listed on a state inventory of historic places in states withhistoric preservation programs which have been approved by the Secretary of theInterior; or (d) Individually listed on a local inventory of historic places incommunities with historic preservation programs that have been certified either:(1) By an approved state program as determined by the Secretary of the Interior or(2) Directly by the Secretary of the Interior in states without approved programs.

Limit of Moderate Wave Action (LiMWA). An advisory line indicating the

limit of the 1.5-foot wave height during the base flood.

Lowest Floor. The lowest floor of the lowest enclosed area (includingbasement). An unfinished or flood resistant enclosure, usable solely for parkingof vehicles, building access or storage in an area other than a basement area is notconsidered a buildings lowest floor; Provided, that such enclosure is not built soas to render the structure in violation of the applicable non-elevation designrequirements of 60.3.

Manufactured Home. A structure, transportable in one (1) or more sections,which is built on a permanent chassis and is designed for use with or without apermanent foundation when attached to the required utilities. The term

manufactured home does not include a recreational vehicle.

Manufactured Home Park or Manufactured Home Subdivision. A parcel orcontiguous parcels of land divided into two (2) or more manufactured home lotsfor rent or sale.

Market Value. Market value is the price of a structure that a willing buyer andseller agree upon. This can be determined by an independent appraisal by aprofessional appraiser; the propertys tax assessment, minus land value; thereplacement cost minus depreciation of the structure; the structures Actual CashValue.


63/123


64/123

Structure.For floodplain management purposes, a walled and roofed building,including a gas or liquid storage tank, that is principally above ground, as well asa manufactured home.

For insurance purposes, means:

1. 1. A building with two or more outside rigid walls and a fully secured

roof, that is affixed to a permanent site;2. 2. A manufactured home (a manufactured home, also known as a mobile

home, is a structure, built on permanent chassis, transported to its site inone or more sections, and affixed to a permanent foundation); or

3. 3. A travel trailer without wheels, built on a chassis and affixed to apermanent foundation, that is regulated under the communitys floodplainmanagement and building ordinances or laws.

For the latter purpose, structure does not mean recreational vehicle or apark trailer or other similar vehicle, except as described in paragraph (3)of this definition, or a gas or liquid storage tank.

Substantial Damage. Damage of any origin sustained by a structure, wherebythe cost of restoring the structure to before damaged condition would equal orexceed 50 percent of the market value of the structure before the damageoccurred.

Substantial Improvement. Any reconstruction, rehabilitation, addition or otherimprovements to a structure, the cost of which equals or exceeds 50 percent of themarket value of the structure before the start of construction of theimprovement. This term includes structures which have incurred substantialdamage, regardless of the actual repair work performed. The term does not,however, include:

1. Any project to correct existing violations of state or local health, sanitary,or safety code specifications which have been identified by the local codeenforcement official and which are the minimum necessary to assure safe livingconditions or

2. Any alteration of the historic structure, provided that the alteration willnot preclude the structures continued designation as a historic structure

Variance. A grant of relief by a community from the terms of the floodplainmanagement Section of the Ordinance that allows construction in a mannerotherwise prohibited and where specific enforcement would result in unnecessaryhardship.

Violation. Failure of a structure or other development to be fully compliantwith this Section of the Ordinance. Construction or other development withoutrequired permits, lowest floor elevation documentation, flood-proofingcertificates or required floodway encroachment calculations is presumed to be inviolation until such time as that documentation is provided.

Section 3: This Section of the Ordinance shall take effect upon its passageand all other ordinances or parts of ordinances inconsistent herewith are herebyrepealed.


65/123

First reading read and passed in the Town Council meeting legally assembled the16th day of September, 2013.

Second reading read and passed in the Town Council meeting legally assembledthe 7th day of October, 2013.

ATTEST:

____________________________Anne M. Irons, Town Clerk


66/123


67/123

MEMORANDUM

DATE: August 15, 2013

TO: James M. Callaghan, President, Honorable Town Council

FM: Terence Fleming, Chairman - Narragansett Planning Board

RE: Recommendation on proposed Zoning Text Amendments updating Section 4.7

Special Flood Hazard Area Overlay District

PROJECT BACKGROUND

At the direction of FEMA the Town is charged with making amendments to the Flood HazardOverlay District to conform with new Flood Insurance Rate maps (FIRM) which will become

official in October. These maps update the recent maps provided to the Town in 2010.

PLANNING BOARD FINDINGS

On August 20, 2013, the Narragansett Planning Board considered amendments to Section 2.2

and Section 4.7 of the Zoning Ordinance in regard to the Special Flood Hazard Overlay District.

In attendance were: Terence Fleming, Joseph ONeill, Stephen Glazer, John Hodnett and Vin

Indeglia.

The Board reviewed the draft ordinance provided by the FEMA staff which was edited to fit

Town formatting. This time, unlike in 2010, the changes are few and focus on Building Permits,

Use of Structures and Definitions.

Most administrative provisions and use regulations have been left unaltered.

Notable changes suggested in the 2013 draft include:

1. Permits will be required for non-structural activities through either RIDEM or CRMCfor anything not requiring a local building permit.

2. Prohibition on changes in use from business to residential for any structure located ina floodway.

3. Specific regulations for use of space below the lowest floor.4. Definitions:

a. Coastal A-Zoneb. Developmentc. Freeboardd. Limit of Moderate Wave Actione. Lowest Floorf. Special Flood Hazard Areag. Structure (particularly for insurance purposes)h. Substantial Improvement


68/123


69/123


70/123

OUTLINE OF CHANGES TO FLOOD REGULATIONS

Section 1: Adds text, unless otherwise specifiedto allow for definitions to be located

elsewhere in the ordinance without conflict with those encompassed in Section 2.2.

Section 2: Amends text of Section 4.7 Special Flood Hazard Area Overlay District

4.7 (b) 1 Revises FEMA Map panel numbers & designates the Building Official as the

responsible party for floodplain management.

4.7 (b) 2 requires permitting for non-structural activities through RIDEM or CRMC.

4.7 (b) 2 h & I add provisions for enforcement and penalties.

4.7 (c) - Corrects name of FEMA department to notify of watercourse alterations. 4.7 (d) 1 corrects two typos and inserts reference to two state regulations addressing

water quality and endangered species.

4.7 (d) 2 e Amends three standards for exemption from flood-proofing requirements.

4.7 (d) 2 g Restricts change of use from commercial to residential for properties located

in the floodway.

4.7 (d) 2 h Inserts regulations for use of space below the lowest floor.

4.7 (e) - Adds definitions for Coastal A Zone, Freeboard, Limit of Moderate Wave

Action and Lowest Floor.

4.7 (e) Revises definitions for Development, Flood Insurance Rate Map,

Floodway, Functionally Dependent Use or Facility, Manufactured Home, Special

Flood hazard Area, Structure, Substantial Damage, and Substantial Improvement.


71/123

_______________________________________________________________________________________________________


TOWN OF NARRAGANSETT CC: 01



_____________________________________________________________________

TO: Richard Kerbel, Interim Town Manager

FROM: Steve Wright, Parks and Recreation Director

SUBJECT: Addition of Food Trucks for Lung Cancer Foundation Road Race

RECOMMENDATION:

That the Town Council approves the request from The Lung Cancer Foundation to allowthree food trucks to vend at the North Beach Clubhouse for the 5K Road Race

fundraiser to be held on Saturday October 12, 2013 at 11:30 am, subject to approval ofstate and local regulations.

SUMMARY:

The Lung Cancer Foundation is requesting permission to have three food trucks;Shuckin Truck, Pizza by Fire and Go-Spresso on Saturday October 12, 2013 starting at11:30 am as a part of their fundraiser. All three food trucks will provide a Certificate ofLiability Insurance naming the Town of Narragansett as additionally insured prior to theevent. This new 5k Walk/Run road race was approved by the Town Council on April 1,2013.

ATTACHMENTS:


72/123

_______________________________________________________________________________________________________


TOWN OF NARRAGANSETT CC: ____02________



_____________________________________________________________________

TO: Richard Kerbel, Acting Town Manager

FROM: Anne M. Irons, CMC - Town Clerk

SUBJECT: Class F Liquor License Application Bonnie J. Addario LungCancer Foundation

RECOMMENDATION:

That the Town Councilapprove a Class F Alcoholic Beverage License for Bonnie J.

Addario Lung Cancer Foundation for a Fundraiser on October 12, 2013 at the NorthBeach Clubhouse, subject to state and local regulations.

SUMMARY:

On April 1, 2013 the council approved a road race for The Lung Cancer Foundation toconduct for the first time a 5k road race on Saturday October 12, 2013 from 11:30 am to12:30 pm as a fundraiser.

As part of the event, at the North Beach Clubhouse they will be serving alcohol andfood. Under state law a Class F Liquor License is required for special events when

alcohol is served to the public.

ATTACHMENT:

1. Application.


73/123


74/123

_______________________________________________________________________________________________________


TOWN OF NARRAGANSETT CC: ____03_________



_____________________________________________________________________

TO: Richard E. Kerbel, Acting Town Manager

FROM: Anne M. Irons, CMC - Town Clerk

SUBJECT: Class F-1 Liquor License Application The Courthouse Theater Companyd/b/a The Contemporary Theater Company

RECOMMENDATION:

That the Town Councilapprove a Class F-1 Alcoholic Beverage License for TheCourthouse Theater Company d/b/a The Contemporary Theater Company for aFundraiser to be held on October 25, 2013 at the Towers, subject to state and local

regulations.

SUMMARY:

The Theater Company will be holding a fundraiser at the Towers. As part of the event,they will be serving alcohol and food. Under state law a Class F-1 Liquor License isrequired for special events when alcohol is served to the public.

ATTACHMENT:

1. Application


75/123


76/123


77/123


78/123


79/123


80/123


81/123


82/123


83/123

E DESCRIPTION:

scription Provided

MapMyFitness, LLC, All Rights Reserved, 2005-2008 | View more maps online at:Find this route online at http:// www.mapmyrun.com/ ride/ united- states/ ri/ narragansett/379126653224520851

Distance values on this map may differ slightly from values reported on the route engine.

ROUTE:Embrace the RaceDISTANCE: [1]8.66 mi LOCATED: Narragansett, Rhode Island


84/123


85/123

_______________________________________________________________________________________________________





_____________________________________________________________________


FROM: Dean Hoxsie, Chief of Police

SUBJECT: FY 2011 Byrne/Justice Assistance Grant (JAG) Award

RECOMMENDATION:

That the Town Council receive and accept a grant from the Rhode Island JusticeCommission in the amount of $18,758.00 and approve the expenditure of funds. Nomatching funds are required.

SUMMARY:

The department will utilize the funds to purchase desktop computers, a hard drive,access control readers and data network patch cables system

ATTACHMENTS:

1. Statement of Subgrant Award.


86/123


87/123


88/123

_______________________________________________________________________________________________________





_____________________________________________________________________

TO: Rich Kerbel, Interim Town Manager

FROM: David E. Ousterhout, Director of Public Works

PREPARED BY: Susan W. Gallagher, Purchasing Agent

SUBJECT: Towers Elevator Service Contract Extension

RECOMMENDATION:

That the Town Council approves the proposed five-year contract extension from

Thyssen Krupp Elevator to provide maintenance and repair of the Towers elevator inthe amount of $1,470.00 per quarter subject to the terms and conditions of the existingmaintenance agreement.

SUMMARY:

Thyssen Krupp Elevator installed the Towers elevator which was placed into service in1991 and has provided repair and maintenance of the elevator since that time. Theexisting five-year elevator maintenance agreement expires at the end of September.

Approval of the proposed five year extension will result in an initial savings from theexisting agreement of $204.48 per quarter.

Funding is available in the Towers Operating Account, 43-868-0506, EquipmentMaintenance and Repair.

ATTACHMENTS:

1. Thyssen Krupp Elevator Proposal, dated August 20, 2013.


89/123


90/123


91/123

_______________________________________________________________________________________________________





_____________________________________________________________________


FROM: Daniel Holland, Information Resources


SUBJECT: Annual Service Agreement for the Everbridge EmergencyCommunication System

RECOMMENDATION:

That the Town Council approves the annual service agreement for the emergencycommunications system from Everbridge, in the amount of $6,745.00 and authorizesthe Interim Town Manager to sign the renewal agreement.

SUMMARY:

This service agreement covers the remo te hardware and software needed for theemergency communications system. The service agreement also covers a GIS interfaceand an employee notifications system, with the ability to support 9,500 households foremergency notification purposes. The Everbridge system was purchased and installed inSeptember 2011 and has since been used on several occasions.

In accordance with the Town of Narragansett Code of Ordinances, Section 70-326 andRhode Island General Laws, Chapter 55, Section 45-55-8, I, the Purchasing Agent havedetermined this to be a sole source item.

The time period of this agreement is September 26, 2013 September 25, 2014.

Funding is available in the Emergency Management Operating Account, 01-533-0502,Reverse 911 Program.

ATTACHMENTS:

1. Quotation from Everbridge, dated 08/23/2013.


92/123


93/123


94/123


95/123


96/123

_______________________________________________________________________________________________________


TOWN OF NARRAGANSETT CC: _____08_______



_____________________________________________________________________


FROM: Dean Hoxsie, Police Chief


SUBJECT: Department of Attorney General Fingerprint Billing

RECOMMENDATION:

That the Town Council approves the cost of fingerprints processed through the

Department of Attorney General (State of Rhode Island), in the amount of $35.00 eachfor FY2013/2014.

SUMMARY:

The Police Department processes approximately 14 to 15 fingerprint cards per monththrough the Department of Attorney General. The estimated annual cost isapproximately $6,100.00

Funding is available in the Police Administration Operating Account, 01-511-0201,Professional Services.


97/123

_______________________________________________________________________________________________________





_____________________________________________________________________


FROM: Susan W. Gallagher, Purchasing Agent

SUBJECT: Award of bid Clothing Cleaning Services for the Police and FireDepartments

RECOMMENDATION:

That the Town Council awards the bid for Clothing Cleaning Services for the Police andFire Departments to the lowest bidder, Hudsons Dry Cleaners & Laundry, Inc., at theirquoted prices, for a three-year period.

SUMMARY:

This dry cleaning service is for both Police and Fire uniform cleaning. The serviceincludes pick up of the clothing from two locations, twice per week. The contract periodis: Year 1: September 1, 2013 August 31, 2014; Year 2: September 1, 2014

August 31, 2015; and Year 3: September 1, 2015 August 31, 2016.

Request for bids was advertised in the Na rragansett Times, solicited and posted on theTown of Narragansett and State Purchasing Division websites. Five vendors were solicited

and two responded. The attached spreadsheet lists the results from the solicitation.

Funding is available in the operating a ccount, 0214, Uniform Cleaning for PoliceAdministration, Animal Control, and Fire Administration.

ATTACHMENTS:

1. August 20, 2013 solicitation spreadsheet for bid opening2. Comparison spreadsheet showing last awarded bid prices from 2010-20133. Interoffice memo from Acting Chief David Arnold, Fire Department4. Interoffice memo from Chief Dean Hoxsie, Police Department.


98/123


99/123


100/123


101/123


102/123

_______________________________________________________________________________________________________



REV. 02/2010




_____________________________________________________________________

TO: Rich Kerbel, Interim Town Manager

FROM: Steve Wright, Director Parks and Recreation


SUBJECT: Award of bid Winter & Summer Brochures 2013/2014

RECOMMENDATION:

That the Town Council awards the bid for Winter and Summer Brochures 2013/2014 for

the Parks & Recreation Department to the lowest bidder, Graphic Image, Inc., in theamount of $5,260.00 and an optional amount of $400.00 per run for an additional fourpages, if needed.

SUMMARY:

The bid consists of two items: Bid item #1 is for 1,500 Winter Brochures; Bid item #2 is for3,000 Summer Brochures. In addition, there is an optional cost for additional pages if theyare needed. The Parks & Recreation Department uses these brochures to advertise,inform, and direct participants and visitors to the activities and events held within thecommunity.

Request for bids was advertised in the Narragansett Times, solicited and posted on theTown of Narragansett and State Purchasing Division websites. Twelve vendors weresolicited and eight responded. The attached spreadsheet lists the results from thesolicitation.

Funding is available in the Parks and Recreation Administration, Programs, and/or BeachOperating Accounts, 0303, Printing and Binding.

ATTACHMENTS:

1. September 12, 2013 solicitation spreadsheet for bid opening.


103/123


104/123

_______________________________________________________________________________________________________


TOWN OF NARRAGANSETT CC: _____11______



_____________________________________________________________________

TO: Honorable Town Council

FROM: Town Council President James Callaghan

SUBJECT: An Ordinance in Amendment of Chapter 46 (Miscellaneous Offenses),Article I (In General), Section 46-9 of the Code of Ordinances of the Townof Narragansett entitled Smoking and use of tobacco products prohibitedduring youth events held at town athletic and recreational facilities, and atother designated public places.

RECOMMENDATION:

That the Town Council adopt, An Ordinance in Amendment of Chapter 46(Miscellaneous Offenses), Article I (In General), Section 46-9 of the Code of Ordinancesof the Town of Narragansett entitled Smoking and use of tobacco products prohibitedduring youth events held at town athletic and recreational facilities, and at otherdesignated public places.

SUMMARY:

Over the years there have been numerous requests to prohibit smoking on theNarragansett Town Beach. Currently, there is a voluntary smoking ban that mirrors theState of Rhode Islands smoking policy. The current ordinance prohibits smoking and

other uses of tobacco products at any athletic or recreational facility owned or leased bythe town, including the town beach during scheduled youth events. This amendmentwould prohibit smoking at the town beach at all times.

The first reading was held on September 3, 2013

ATTACHMENTS:1. Ordinance


105/123


CHAPTER _______

AN ORDINANCE IN AMENDMENT OF CHAPTER 46, ARTICLE I OF THE CODE OFORDINANCES OF THE TOWN OF NARRAGANSETT, RHODE ISLAND, ENTITLED

MISCELLANEOUS OFFENSES

It is hereby ordained by the Town Council of the Town of Narragansett as follows:

SECTION 1. Chapter 46, Article I, Section 46-9 Smoking and use of tobacco productsprohibited during youth events held at town athletic and recreational facilities, and atother designated public places is hereby amended to read as follows:

(b) Smoking.

Smoking and other uses of tobacco products are hereby prohibited atany athletic or recreational facility owned or leased by the town during scheduled youthevents, as well as at the Courtyard at the Towers and prohibited at the town beach at alltimes.

SECTION 2. This ordinance shall take effect upon its passage, and all othersordinances or parts of ordinances inconsistent herewith are hereby repealed.

First reading read and passed in the Town Council meeting legally assembled the ___day of ___________, 2013.

Second reading read and passed in the Town Council meeting legally assembled the

____ day of ___

Documents

September 16 Narragansett TC AGENDA