october 7 narragansett tc agenda 2

7/27/2019 October 7 Narragansett TC AGENDA 2

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AGENDATOWN OF NARRAGANSETT

MEETING OCTOBER 7, 2013

JAMES M. CALLAGHAN

COUNCIL PRESIDENT

SUSAN CICILLINE-BUONANNO

PRESIDENT PRO TEM

GLENNA M. HAGOPIAN

COUNCIL MEMBER

MATTHEW M. MANNIX

COUNCIL MEMBER

DOUGLAS E. MCLAUGHLIN

COUNCIL MEMBER

RICHARD KERBEL

ACTING TOWN MANAGER

MARK A. MCSALLY, ESQ.

TOWN SOLICITOR

ANNE M. IRONS, CMC

TOWN CLERK

TOWN COUNCIL MEETINGS ARE SCHEDULED

ON THE FIRST AND THIRD MONDAYS OF THE MONTH

AT 7:30 P.M. AT THE TOWN HALL, 25 FIFTH AVENUE


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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, TIMEThe 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


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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

October 7, 2013

7:30 p.m.

Posted 10-03-13_____________________________________________

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF MINUTES:

July 15, 2013 Executive Session Meeting

July 29, 2013 Executive Session Meeting July 30, 2013 Executive Session Meeting


August 5, 2013 Executive Session Meeting


September 16, 2013 Work Session Meeting

September 16, 2013 Regular Meeting

ANNOUNCEMENTS/PRESENTATIONS:

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 CONTINUED PUBLIC HEARINGto amend the text of Chapter 731 of the Codeof 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 thePlanning Board.

A MOTION to INTRODUCE, READ, PASS and ACCEPT as a First Reading thetext of amendments to Section 2.2 Definitions, and Section 4.7 Special FloodHazard Area Overlay District.


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Town Council AgendaOctober 7, 2013Page 2 of 3

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 Project Sweet Peas for the 4th Annual Polar Plunge tobe held on Saturday March 1, 2014 from 12:00 pm to 3:00 pm at the Town Beach, subject toapproval of state and local regulations.

2. A MOTION to APPROVE the request from John E. DeCubellis, Jr. to conduct the 15 th AnnualKatie DeCubellis Memorial Foundation 5K Road Race scheduled for Sunday June 8, 2014 subjectto approval of state and local regulations.

3. A MOTION to GRANT PERMISSION to Jesse Pugh and Dreamline Modular Homes to move amodular home over the streets of Narragansett to 18 South Trail, Plat A, Lot 50 during the periodof the months of October through November 2013, subject to local and state regulations.

4. A MOTION to APPROVEthe list of tangible abatements in the amount of $548.69 asrecommended by the Finance Director.

5. A MOTION to APPROVEthe purchase of a replacement Dell R320 server from Dell Marketing,LP, in the amount of $4,436.09, utilizing the State of Rhode Island Master Price Agreement.

6. A MOTION to APPROVE a petition from Verizon Communications and the Narragansett ElectricCompany to place one new joint stub pole P.2S and anchor guy location on Sabbatia Trail.

7. A MOTION to APPROVE, RATIFY and CONFIRMa Class F Alcoholic Beverage License a

request from the Narragansett Chamber of Commerce and to allow alcohol consumption on thebeach (in the designated area in accordance with Town Ordinance Chapter 947) and or the 2013Summers End Festival at the North Beach Clubhouse on October 5, 2013, subject to state andlocal regulations and receipt of insurance and/or signed indemnity agreement.

8. A MOTION to AWARD the contract for the Festival of Lights Holiday Fireworks Display to AtlasPyrovision Productions, Inc., in the amount of $3,500.00 and to authorize the Town Manager tosign the contract after review by the Town Solicitor.

OLD BUSINESS:

9. 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:

10.A MOTION to AWARD the bid for the Paddle Sports Business Concession at Middlebridge forthe Parks & Recreation Department to the highest bidder, The Kayak Centre, at the annualpayments quoted, for a five-year period.


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Town Council AgendaOctober 7, 2013Page 3 of 3

11.A MOTION to INTRODUCE, READ, PASS and ACCEPTas a First Reading, An Ordinance inAmendment of Appendix A of the Code of Ordinances of the Town of Narragansett entitledZoning.

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

13.A MOTION to APPROVE the contract and transition of telecommunication services for the Townof Narragansett from Earthlink Business Solutions to Verizon and to authorize the Interim TownManager to sign the contract.

14.A MOTION to APPROVE a contract with Prism Energy, an authorized agent for National Grid,for lighting improvements and upgrades at the Department of Public Works Facility, in the netamount of $16,026.69.

15.A MOTION to APPROVE the purchase of one Lifepak 15 Defibrillator/Monitor for the FireDepartment from Medtronic/Physio-Control, Inc., in the amount of $26,850.75, including a trade-

in of an existing Lifepak 12 system.

16.A MOTION to APPROVE the purchase of a pre-fabricated restroom facility for the George C.Playfield from CXT, Inc., in the amount of $50,010.00.

17.A MOTION to SCHEDULE a meeting to ADOPT the text of amendments to Section 2.2 Definitions, and Section 4.7 Special Flood Hazard Area Overlay District.

18.A MOTION to ESTABLISH and CLARIFY the selection Process for the Fire Chief of the Townof Narragansett.

REPORTS FROM TOWN MANAGER:

REPORTS FROM TOWN COUNCIL:

EXECUTIVE SESSION:

A MOTION to RETIRE to Executive Session as in accordance with 42-46-4 to discuss Litigation DeniseDeCaporale V. Zoning Board of Review of the Town of Narragansett in accordance with RI General Laws42-46-5 (a) (2) ) and appoint Mark A. McSally, Town Solicitor as Clerk Pro Tem.

ADJOURNMENT

Note: Documentation (if any) for items listed on this Agenda is available for public inspection, a minimum of 24 hours prior to the meeting, at any time during

regular business hours at Town Clerks Office, 25 Fifth Avenue, Narragansett, RI 02882. Interpreters for the hearing impaired can be made available at anymeeting provided a request is received a minimum of three (3) business days prior to said meeting.


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_______________________________________________________________________________________________________

TOWN CLERK USE ONLY:

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

REV. 02/2010

TOWN OF NARRAGANSETT CC: ____________COUNCIL COMMUNICATION Amend No. ______

Date Prepared: September 17, 2013Council Meeting Date: October 7, 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 16, 2013 Work Session Meeting

September 16, 2013 Regular Meeting

SUMMARY:

Attached are minutes as in accordance to state law. Executive Session Meeting minutes

are sealed.


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NARRAGANSETT TOWN COUNCILWORK SESSION MEETING

SEPTEMBER 16, 2013 MINUTES

At a Work Session Meeting of the Town Council of the Town of Narragansett held

on Monday, September 16, 2013 at 6:39 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

Richard Kerbel, Acting Town Manager

Mark A. McSally, Town Solicitor

Absent: Douglas E. McLaughlin, Member

James M. Callaghan, President, calls the meeting to order.

Richard Kerbel, Acting Town Manager addresses the council and introduces Adolfo

Bailon and Graham Sheridan, summer intern students from Brown University.

The student interns did a review of the towns fleet maintenance which included, fire,

parks & recreation, police and the public works departments in the town and prepared

and reviewed the attached PowerPoint Presentation with the council members.

Adolfo Bailon explains they reviewed neighboring fleet maintenance public works

department methods and the current chargeback system that is used currently. And they

also spoke with private local shops in the area. They also reviewed records from

February 1, 2013 through April 30, 2013.


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September16,2013WorkSessionMeetingBook54Page666Graham Sheridan explains the fleet maintenance fund was set up as an enterprise fund in

the 1990s which keeps detail records of every vehicle costs. The records would should

how much a vehicle cost to maintain and the public works department would be able to

recover the cost of the work done and all departments would be able to have better

information on the vehicles in that department to plan on when to replace the vehicles.

He also noted before that time various department would bring vehicles to public works

for repairs and not pay for the service from that departments budget. The system would

now shows true costs for all vehicles. He noted all departments have fleet maintenance

line item

Adolfo Bailon the fund pays for salaries and taxes for the mechanics, insurance for the

fleet facility, shop equipment and shop technology.

The fund also pays maintenance, direct vehicle related purchases including from private

vendors and parts the shop charges to the account.

Adolfo Bailon noted that they spoke with officials from Middletown, North Kingstown

and South Kingstown and they charge for parts only and not labor costs. He also noted

that a dealership told them they would charge $70.00 per hour and only work during

business hours. It was noted that Newport outsourced entirely and have private

employees that work at the city garage. Adolfo Bailon noted that small shops informed

theme they would charge $95 to $105 per hour plus the costs of parts and would only

work during business hours.


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September16,2013WorkSessionMeetingBook54Page667

The Cost Breakdown was reviewed as follows:

Personal Services: $318,418

Operating Expenses: $174,617

Capital Expenses: $3,500

Total: $496,535

Revenue Needed Per Quarter: $124,133

It was noted that there were additional charges of $57,614 that was charged to that line

item and not paid to the fund or the department. $42,000 was a transferred from the

public works department to the fleet maintenance fund. It was highway division that uses

it the most for private vendors. It could be parts not on hand or body work that needs to

be done.

Adolfo Bailon noted that 35% is operating, capital is 1$% and personal services cover

64% of the $496,535 total to cover fleet maintenance.

Graham Sheridan explained that personal expenses were full time wages, health

insurance, pension insurances etc. He noted that the operating expenses were parts and

shop technology. He explained the vehicle maintenance fund is used by the highway

department by 47%, Fire 16% and Police 14% and the remainder is used by water,

wastewater and the parks and recreation departments.


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September16,2013WorkSessionMeetingBook54Page668Adolfo Bailon reviewed the billing breakdown for the quarter of February through April

2013 and noted that it was $146,494.71 which was 65% for labor costs and 34% for parts

costs.

Graham Sheridan explains that there was a pressure to break even in an enterprise fund

and that is the idea of the fund however, you need to keep track of all activity. He noted

that in a private shop those items may not be billable hours such as the drive time to fix

and patch a tire at a location.

Adolfo Bailon commented that there would be no savings through contracting out the

fleet maintenance work and it would increase cost to the town. Graham Sheridan gave an

example of the closest fire truck maintenance garage was in Connecticut to maintain the

fire truck and that would require a few weeks turn around.

Adolfo Bailon noted that if the vehicle maintenance fund was eliminated the mechanics

would be direct public works employees and use the public works budget for the salaries

and it would eliminate labor charges for other departments and continue to maintain fleet

management software to track all expenditures.

Graham Sheridan discussed the company that the City of Newport uses and the

employees would not be part of the command structure if there was an emergency if the

town went with a private contractor. It was also not that the City of Newport spends a

significant amount more than the Town of Narragansett pays currently.


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He also noted that some communities use a flat rate for certain fleet maintenance

departments.

Richard Kerbel noted that the fleet maintenance software could still be used for decision

making even if there is no longer a fund. He noted that the record keeping was causing

more work than it was solving. He also commented that most decisions are made because

the fleet is small.

Further garage space for vehicles was suggested to protect from them from the climate

and does the town believe they own the right number of vehicles and would the town be

willing to identify renting or leasing vehicles when needed.

Adolfo Bailon noted that he was a second year graduate student of Brown University and

attaining a masters in public affairs.

Graham Sheridan noted that he is a second year masters candidate of Brown University

and from North Carolina.


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VEHICLE MAINTENANCE REVIEW

Adolfo BailonGraham Sheridan

September 16, 2013

Double Click on PowerPoint Presentation to open and review it.

The work session meeting adjourns at 7:15 p.m.

ATTEST: MINUTES ACCEPTED ASPRESENTED/AMENDED

Anne M. Irons, CMC Anne M. Irons, CMCCouncil Clerk Council Clerk


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NARRAGANSETT TOWN COUNCIL

REGULAR TOWN COUNCIL MEETING

SEPTEMBER 16, 2013 MINUTES

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

Monday, September 16, 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

Richard Kerbel, Acting Town Manager

Mark A. McSally, Town Solicitor

Absent: Douglas E. McLaughlin, Member

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, Glenna M. Hagopian seconded and it is unanimously

so voted to approve the minutes of the September 3, 2013 council meeting as presented.

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

Matthew M. Mannix aye, James M. Callaghan aye

Resident Joan Garceau commented on the contents of the minutes from the

September 3, 2013 council meeting.Susan Cicilline-Buonanno acknowledged Deborah Kelso, former Director of the

Narragansett Chamber of Commerce who recently resigned from the position. She noted


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TownCouncilMeetingMinutesSeptember16,2013Book54Page783that she had created Restaurant Week, Summers End, Jiggle Bell Run and the Annual

Golf Tournament and implemented many events throughout her years of service. She

noted that she was also a member of the Towns Economic Development Committee.

She thanked Deborah Kelso for her service on the Chamber of Commerce.

OPEN FORUM:

Open Forum is now held and the following individuals address the Council, viz:

Albert Alba - Eagles Nest Terrace congratulated the council for hiring a town manager

and that it was a vote of 5 to 0. He also commented that if the council lets her go it

should also be a 5 to 0 vote.

Joan Garceau- Melbourne Drive comments on the September 3, 2013 town council

minutes and notes that residents are not allowed to speak on agenda items under open

forum. She also noted that on an agenda item on prohibiting smoking on the beach that

two residents spoke and their names were mentioned in the minutes but not the

comments. She believed that should not be allowed to continue and felt strongly that

when somebody takes the time to speak and have commented their comments should bet

in the minutes; Stanley Wojciechowski comments it is not what your country can do for

you and he thinks that is part of history that is worthwhile repeating and memorizing and

considering. He also said it is not what your state can do for you or what your town can

do for you and he noted an example was the $7,000 for the brochures for the students and

maybe it should have been paid by somebody else, such as the school or liquor

establishments or rental agencies and not the town and he did not think it was proper. He

noted another example was the towns pool and the town paid for it and it is a good thing


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TownCouncilMeetingMinutesSeptember16,2013Book54Page784the town is getting rid of it. He said it was not a government function to provide a pool.

He also noted another example was the cabanas at the beach to be rebuilt and should

town government be involved in building cabanas. He said everyone is used to

government doing everything and people think its free and ask not what the

town/government should do for you; Karen Shabshelowitz-Wanda Street thanked the

council for its unanimous support on the raising of the wounded warrior flag project. She

also commented that one of the reasons people speak at open forum on an agenda item as

that sometimes it is late when the agenda item comes up. She also spoke about being a

client of United Water and noted that the Town of South Kingstown was taken an

intervention on the water rate increase of 40% and was the town going to join with South

Kingstown; Susan Bush Robinson Street commented that the historical Society is

holding a house tour on October 13th and the tickets are $30.00 in advance and $40.00 the

day of event. If there are any questions Shirley Eastham should be contacted. She also

noted there was also going to be 10K road race on October 6th and if anyone wanted to

volunteer to contact her.

CONSENT AGENDA

The consent agenda is voted on with one motion.

1. A MOTION to APPROVE the request from The Lung Cancer Foundation toallow three 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 of state and local regulations.

APPROVED (Cicilline-Buonanno-Hagopian 4/0)


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TownCouncilMeetingMinutesSeptember16,2013Book54Page785Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye,

James M. Callaghan aye

2. A MOTION to APPROVE a Class F Alcoholic Beverage License for Bonnie J.Addario Lung Cancer Foundation for a Fundraiser on October 12, 2013 at the

North Beach Clubhouse, subject to state and local regulations.


Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye,


3. A MOTIONto a Class F-1 Alcoholic Beverage License for The CourthouseTheater Company 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.Mtriathlon for the South County YMCA held on Sunday September 15, 2013 at 9:00

am, subject to state and local regulations.





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TownCouncilMeetingMinutesSeptember16,2013Book54Page786

5. A MOTION to APPROVE RECEIVE and ACCEPT a grant from the RhodeIsland Justice Commission in the amount of $18,758.00 and approve the

expenditure of funds.




6. A MOTION to APPROVE the proposed five-year contract extension fromThyssen Krupp Elevator 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 emergencycommunications system from Everbridge, in the amount of $6,745.00 and authorizes

the Interim Town Manager to sign the renewal agreement.


Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James

M. Callaghan aye

8. A MOTION to APPROVE the cost of fingerprints processed through the Departmentof Attorney General State of Rhode Island, in the amount of $35.00 each for

FY2013/2014.


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9. A MOTION to AWARD the bid for Clothing Cleaning Services for the Policeand Fire Departments to the lowest bidder, Hudsons Dry Cleaners & Laundry,

Inc., at their quoted prices, for a three-year period.

AWARDED (Cicilline-Buonanno-Hagopian 4/0)



10.A MOTION to AWARD the bid for Winter and Summer Brochures 2013/201 forthe Parks & Recreation Department to the lowest bidder, Graphic Image, Inc., in

the amount of $5,260.00 and an optional amount of $400.00 per run for an

additional four pages, if needed.

AWARDED (Cicilline-Buonanno-Hagopian 4/0)



OLD BUSINESS:

11. Over the years there have been numerous requests to prohibit smoking on the

Narragansett Town Beach. Currently, there is a voluntary smoking ban that mirrors the

State 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 by


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TownCouncilMeetingMinutesSeptember16,2013Book54Page788the town, including the town beach during scheduled youth events. This amendment

would prohibit smoking at the town beach at all times. The first reading was held on

September 3, 2013.

Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded 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 entitled Smoking and use of

tobacco products prohibited during youth events held at town athletic and recreational

facilities, and at other designated public places. In was noted that the first reading had a

split vote so it was suggest to continue to the next meeting when Mr. McLaughlin was in

attendance

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

continue the 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 entitled Smoking and use of tobacco products prohibited during youth

events held at town athletic and recreational facilities, and at other designated public

places until the October 7th council meeting.



12. In 2011, the Town applied for and received a $600,000 grant from the Department

of Homeland Security for the purposes of designing and constructing a Multi-

Jurisdictional Port Facility in Galilee for the US Coast Guard and the Town to store our

rapid response vessels. This building, to be constructed on land owned by the Town


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TownCouncilMeetingMinutesSeptember16,2013Book54Page789(adjacent to the Point Judith Water Tank) will provide safe and hardened (hurricane-

resistant) storage for trailered boats during times of immediate storm emergency (when

the boats have to be pulled from the water) and during the off season. This location will

allow for rapid response once the immediate storm danger has passed. This project has

been advertised and bid twice; both times, the bid prices exceeded the available grant

funding. We have modified the project scope and method of delivery (design\build

format) to better fit the available budget, while keeping in mind the original project intent

of providing secure marine storage. Request for bids was advertised in the Narragansett

Times, solicited and posted on the Town of Narragansett and State Purchasing Division

websites. Three vendors were solicited and six responded. The award is for the base

bid price as well as Alternate #1 for asphalt on the access drive. Funding for this

project will come from the 2011 DHS Port Security grant. This grant is somewhat

unusual in that there are no matching funds required by the Town the grant is designed

to pay for 100% of the project costs.

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

so voted to AWARD the bid for the Multi-Jurisdictional Facility (Marine Storage - Port

of Galilee) Pre-Engineered Building to the lowest responsive and responsible bidder,

Pascack Builders, Inc., in the total amount of $463,400.00.

Richard Kerbel briefed the council on the grant which is100% funded. He noted that

this is a repeat bidding process as the first bids were higher than the grant money. He

noted that it was an engineered building. He also noted that certain certifications needed

to be submitted and the bidder Pascack qualified as the lowest responsible bidder. He


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TownCouncilMeetingMinutesSeptember16,2013Book54Page790noted the grant has a balance of $535,000. He noted once completed the town will

identify a town usage for the remainder of the funds. He noted that it will be constructed

near the water tank in Galilee and will be used to store equipment that will be used in that

area for emergency purposes

Susan Cicilline-Buonanno, Glenna Hagopian aye, Matthew M. Mannix aye,


13. Year-end transfers are needed to assure that no General Fund departmental budget

is in a negative position as of June 30, 2013. These needs have been identified in the

Monthly Statements of Budget Operations. The transfers total $504,004 and will be

made from the Contingency Account and from the Retirement and Termination Benefits

Account. Additional transfers may be needed as the 2012-13 Fiscal Year is closed out.

There is $383,180 in the Contingency and $208,108 in the Retirement-Termination

Benefit Account. Approval of the transfers is respectfully recommended.

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

so voted to ADOPT a Resolution authorizing budget transfer from FY12-13 in

accordance with the Town Charter.



Richard Kerbel briefed the council and noted it was a normal process at the end of fiscal

year and that the towns total budget was under budget in expenses and revenues

exceeded the budget and the town has added to the undesignated fund balance. He noted

that the transfers are coming the Contingency Fund of $383,180 and $208,108 in the


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TownCouncilMeetingMinutesSeptember16,2013Book54Page791Retirement-Termination Benefit Account. He gave an example in the police department

there was $191,500 due to a major amount of police officers retiring and overtime in the

fire department of $74,500 and the Fire Chief retiring. He said the town was in good

financial order.

A RESOLUTION AUTHORIZING TRANSFERS FROM THE CONTINGENCYFUND ACCOUNT AND THE RETIREMENT & TERMINATION BENEFITS

ACCOUNT TO VARIOUS DEPARMENT ACCOUNTSRESOLUTION NO. 2013-15

WHEREAS, there are General Fund department budgets that have exceeded their

2012-13 appropriation, and

WHEREAS, there are funds in the Contingency account available to meet these needs,

NOW THEREFORE BE it RESOLVED, that the following amounts be transferred to the

following accounts in closing out the 2012-13 FY:

DEPARTMENT ACCOUNT DESCRIPTION AMOUNT REASON

TOWN COUNCIL 01.100.0203 Legal Services 11,400 Cover cost of legal bills, not budgeted

TOWN SOLICITOR 01.110.0203 Legal Services 4,500 Expenses exceeded the budget

TOWN MANAGER 01.120.0201 Profess Services 25,500 Termination payments to former TM

FINANCE-ADM. 01.310.0123 Health Benefits 18,800 Employee needed health benefits

FINANCE-TAX COLL. 01.330.0102 Temporary Wages 8,200 Maternity Leave Coverage

FINANCE-ASSESS. 01.340.0101 Regular Payroll 3,400 Promotion Not Budgeted For

01.340-0201 Professional Services 5,784 Replacement for Assessor

Legal Expense 2,320 Legal fees exceeded the budget

TOWN CLERK 01.205.0106 Buyback of Health 9,800 New employee not take health ins.

POLICE ADM. 01-511.0102 Part-time Wages 22,400 Funds budgeted in Patrol Unit


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01.511.0123 Health Insurance 12,600 Costs exceeded the budget

01.511.0106 Termination Benefits 191,500 Benefits for employees retired in June

01.511.0401 Gasoline & Lubricants 24,000 Usage exceeded the budget

CANINE CONTROL 01.531.0101 Regular Wages 3,400 Overlap with new Animal Cont Officer

HARBOR MASTER 01.534.0504 Veh Maint & Repair 1,500 Costs exceeded the budget

FIRE ADM. 01.521.0106 Termination Benefits 30,500 Termination payments to former Chief

FIRE OPERATIONS 01.522.0104 Overtime Wages 74,500 Costs exceeded the budget

FIRE PREVENTION 01.523.0106 Buyback of Leave 4,190 Costs exceeded the budget

01.523.0504 Veh Maint & Repair 3,200 Costs exceeded the budget

01.523.0510 Fire Preven Program 1,000 Costs exceeded the budget

PW-ADM. 01.710.0103 Temporary Wages 11,850 Costs exceeded the budget

PW-FAC.MANT. 01.720.0104 Overtime Wages 800 Increased Building Usage

Z BD OF APPEALS 01.130.0203 Legal Services 260 Costs exceeded the budget

PARKS MAINT. 01.820.0103 Temporary Wages 10,900 Costs exceeded the budget

01.820.0401 Gasoline & Lubricants 7,600 Costs exceeded the budget

INSPECT SERVICES01.640.0320 PC Software Support 14,100 New Rental Regis Software

AND BE IT FURTHER RESOLVED, that the sum of $504,004.00 be and is hereby transferred with $383,000 from

the Contingency account,01.900.0714 and with $121,004 from the Retirement & Termination Benefits Account,

01.900.0793, said funds to be transferred to the departments and accounts listed above.

ADOPTED by the Town Council on September 16, 2013.TOWN OF NARRAGANSETTS/James Callaghan

Attest: James Callaghan, CouncilPresidentS/Anne M.Irons

Anne M. Irons, CMCTown Clerk


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14. As the Town is approaching the beginning of the budget cycle for the next fiscal

year, it is very important to review how the town stands financially. Finance Director

Donald Goodrich plans to present a five-year financial forecast to the Town Council at

this work session. The timing is critical as this information will help provide the Town

Council and members of the senior management team with an idea of what to expect

relating to revenues as well as state mandates, increased costs for teacher pensions and

other issues that have financial implications for the Town.

Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded to SCHEDULE a work

session to discuss the five year financial plan for the Town of Narragansett to October 21,

2013. Glenna M. Hagopian suggested including the finance committee



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

withdraw the motion to schedule the meeting to October 21, 2013



Glenna M. Hagopian moved, Matthew M. Mannix seconded to SCHEDULE a work

session to discuss the five year financial plan for the Town of Narragansett to November

4, 2013 at 6:30 p.m.


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TownCouncilMeetingMinutesSeptember16,2013Book54Page79415. The North Cabana building at the Narragansett Town Beach was heavily damaged

by Hurricane Sandy, and subsequently demolished by the Town. In the Spring of 2013,

the Town Council awarded a contract to Frank Karpowicz Architects to design a

replacement building. While the building footprint is essentially limited to the former

buildings size, the new facility would be elevated above the flood zone and would be

constructed of more sustainable, low maintenance materials. Before proceeding with the

construction bidding process, the staff seeks guidance from the Town Council as to the

final building plan and financing strategy associated therewith. The staff will be available

for a work session at the Councils convenience. Staff would respectfully request an

expedient date, as there will be a significant amount of work to do in order to complete

the design, obtain a CRMC Assent, bid, and then construct the project before the 2014

beach season.

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

SCHEDULE a work session to discuss the North Cabana Reconstruction Project to

October 21, 2013.



16. A work session has been scheduled for October 7th to discuss the timeline for

various bond requests for town capital projects. One project request is School Recreation

a total project cost of $3,900,000 (Bonds of $2,000,000). The School Committee has

requested that the council tour the high school athletic complex to review the present

condition of the facilities.


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TownCouncilMeetingMinutesSeptember16,2013Book54Page795Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded and it is so voted to

SCHEDULE a work session to examine the athletic facilities at the high school to

September 25, 2013 at 6:00 p.m.



18. A suggestion has been made for a Meet and Greet to be scheduled for the new Town

Manager which will give the residents of the Narragansett a wonderful opportunity to

meet Pamela Nolan. The Narragansett residents will be able to exchange their ideas and

share their interests with her in an informal setting. It was suggested to the

September 24, 2013

Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded to SCHEDULE a Meet

and Greet with the new Town Manager to September 24, 2013 at the North Beach

Clubhouse from 5:00 to 7:00 p.m. It was noted some council members could not meet on

that day and time but could meet on October 2ndor October 3rd.

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

SCHEDULE a Meet and Greet with the new Town Manager to October 2 or October 3,

2013 at the North Beach Clubhouse from 6:00 to 8:00 p.m.



The council skipped # 17 in error and was taken last before the public hearing portion of

the meeting.


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17. The Police Department has requested to formally swear in the newest member of

the Narragansett Police Department and to recognize and formally swear in departmental

promotions. They will also be awarding three members of the department with the US

Coast Guard Meritorious Service Award for a water rescue.


so voted SCHEDULE a Promotional Ceremony for the Police Department on

September 25, 2013 at 7:00 p.m. at the high school.



PUBLIC HEARING:

Schedule Public Hearings

Petition to amend the Future Land Use Map of the Comprehensive Plan to change

the designation of Assessors Plat B-2, Lot 2B from residential to commercial.

Current owner, South County Jewish Collaborative and potential owner South County

Tourism Council have submitted a petition to amend the Future Land Use Map of the

Comprehensive Plan to change the current designation of Assessors B-2, Lot 2B, from

Residential R-80 to Commercial. A public Hearing needs to be scheduled in order to hear

the petition. When the public hearing date has been set by the Town Council, an

advertisement will be placed in the Narragansett Times at least once a week for three

successive weeks before the hearing date. Written notice of the date, time and place of

the public hearing and the nature and purpose of the public hearing shall be sent to all


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TownCouncilMeetingMinutesSeptember16,2013Book54Page797owners of real property whose property is located in or within not less than 200 feet of

the perimeter of the area proposed for change.


SCHEDULE a PUBLIC HEARING on the on a Petition to amend the Future Land Use

Map of the Comprehensive Plan to change the designation of Assessors Plat B-2, Lot 2B

from residential to commercial to November 18, 2013.

Susan Cicilline-Buonanno aye Glenna Hagopian aye, Matthew M. Mannix aye,


Susan Cicilline-Buonanno moved, Glenna M. Hagopian seconded and it is so voted to

REFER to the Planning Board for Recommendation.



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.

Current owner, South County Jewish Collaborative and potential owner South County

Tourism 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 to

B-A Limited Business. A public Hearing needs to be scheduled in order to hear the

petition. When the public hearing date has been set by the Town Council, an

advertisement will be placed in the Narragansett Times at least once a week for three

successive weeks before the hearing date. Written notice of the date, time and place of

the public hearing and the nature and purpose of the public hearing shall be sent to all


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TownCouncilMeetingMinutesSeptember16,2013Book54Page798owners of real property whose property is located in or within not less than 200 feet of

the perimeter of the area proposed for change.


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 to November 18, 2013.




REFER to 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 Convenience

Store at 1015 Boston Neck Road.

Colbea Enterprises LLC d/b/a Shell/Seasons has requested to be opened additional hours

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 town council

in order to receive permission for the additional hours of operation.

This property has supported a gas station/convenience store with an automobile repair

shop at this location for more than twenty (20) years. The applicant was before the

Planning and Zoning Board of Review in early spring to request to demolish the existing


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TownCouncilMeetingMinutesSeptember16,2013Book54Page7991,410 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 automobile repair use

is now discontinued but the existing pumps, Pump Island, canopy and underground

storage tanks will remain as they exist. The applicant is requesting to operate 24 hours in

order to sell gasoline and brewed coffee at the newly constructed convenience store.


OPEN the public hearing



Norman Lemay, representing Colbea Enterprises LLC d/b/a Shell/Seasons is sworn in by

Mark A. McSally, Town Solicitor and addresses the council. He advises that there was a

gas station at the property with a service bay and now it will be a state of the art

convenience store and a gas station. Mr. Lemay noted that Colbea has over 30 locations

and the majority of them operate 24 hours a day. He commented that Colbea believed that

it was an ideal location for that area and a convenience for people in the winter months

for rescue and snow plow drivers and would give them a place to go and warm up and get

a coffee or sandwich in the middle of the night. It was noted that they have 24 hour

establishments in Middletown, Newport and North Kingstown.

Councilmember Mannix noted that it was brought to his attention a concern of students

walking around from 2:00 a.m. to 6:00 a.m.

Mr. Lemay noted that there was Providence location near a college and the company

makes sure that it is not gathering place and the staff are trained for that issue.


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President Callaghan did inquire to the applicant about a trial basis period. Mr. Lemay

responded if that was the way the council wanted to try it.

Council member Cicilline Buonanno commented that she was not concerned about the

students and she was thinking of the people who work late that need gas and believed it

was a great idea and if it became a problem the police would inform the town.

Opponents and Proponents are called and sworn in and the following individuals speak:

John Goonan- Bonnet Shores Road- Opposed

John Brindamour Opposed

Joan Garceau Melbourne Drive- Supports

Al Alba- Supports

Richard VanGermeersch- Opposed

The council president asked for any further comments and hearing none as for a motion

to close the hearing.


CLOSE the public hearing.



Matthew M. Mannix moved to deny, James M. Callaghan, seconded and the motion fails.

Susan Cicilline-Buonanno nay, Glenna Hagopian nay, Matthew M. Mannix aye, James

M. Callaghan aye


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TownCouncilMeetingMinutesSeptember16,2013Book54Page801Glenna M. Hagopian moved, Susan Cicilline-Buonanno seconded to approve.

Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix nay,

James M. Callaghan nay

Mark A. McSally, Town Solicitor advises the motion to denied fail and that there wont

be a motion to approve to pass either so the license will not be granted. He noted a two

to two is never going to grant a license as Doug McLaughlin was not in attendance.

He notes that they cannot remain open from 2:00 a.m. to 6:00 a.m., the extended hours.

Susan Cicilline-Buonanno moved, Glenna M. Hagopian seconded to approve the

miscellaneous licenses for Colbea Enterprises, LLC for victualing and holiday licenses.

Resident Joan Graceau commented on the procedure.



PLEASE SEE STENOGRAPHER TRANSCRIPT FOR MORE DETAILS

Industrial Performance Commission

A public hearing to amend Appendix A of the Code of Ordinances of the Town of

Narragansett entitled Zoning dissolving the Industrial Performance Commission

and to refer this proposal to the Planning Board for Review and Recommendation.

The Industrial Performance Commission has asked to be dissolved as they feel that their

responsibilities have become obsolete over the years with the passage of stricter State of

Rhode Island Fire Codes and Building Regulations. The proposed ordinance will remove

all references to the Industrial Performance Commission. The Planning Board


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TownCouncilMeetingMinutesSeptember16,2013Book54Page802recommends approval of an ordinance dissolving the Industrial Performance

Commission.


so voted to OPEN the public hearing to amend Appendix A of the Code of Ordinances of

the Town of Narragansett entitled Zoning dissolving the Industrial Performance

Commission and to receive and place on file the Recommendation from the Planning

Board.



A PUBLIC HEARING is held. Michael DeLuca, Community Development Director

addresses the council. He gives a brief history of the commission and their responsibility

and duties and the make-up of the commission. He noted that fire codes and building

codes have changed throughout the years and have gotten more extensive and descriptive.

The commission meets when technical and scientific assistance to the Planning Board

and Zoning Board of Review in the determination of whether a proposed industrial uses

and operations comply with the performance standards set forth in the towns zoning

ordinance. He noted that every time a building permit is issued for a standard industrial

use or an expansion the commission meets to review. He commented that as time went by

the work was duplicating the work of highly trained professional and experts in the fields

of chemicals and fire and specific building codes. The Commission voted to dissolve

itself some months ago. He noted that the standards and performance would still be in

effect and only the commission itself will be eliminated from the Zoning Ordinance.


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He commented that the law as it relates to the development of industrial businesses would

not be getting weaker only more streamlined. He also advised that the Planning Board

reviewed the request and agreed with the Commission to approve the elimination.

Proponent and opponents are called and no speaks on the matter.



CLOSE the Public Hearing.




the amend Appendix A of the Code of Ordinances of the Town of Narragansett entitled

Zoning dissolving the Industrial Performance Commission




RECEIVE and PLACE on FILE the Recommendation from Planning Board.




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TownCouncilMeetingMinutesSeptember16,2013Book54Page804Amend 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

This ordinance is proposed to amend the text of the Flood Hazard Overlay Ordinance to

reflect recent changes made to the Flood Maps by FEMA. These changes amend the

maps approved by the Town in 2010.This amendment is a requirement of the FEMA Map

Modernization Process currently underway for those communities that take part in the

National Flood Insurance Programs (NFIP) Community Rating System (CRS). The

draft amendments to the Special Flood Hazard Area Overlay District (Section 4.7) were

developed using guidance from RIEMA and FEMA. Due to time constraints set forth by

these governing agencies, adoption of this ordinance is required by October 10th, 2013.

The Planning Board reviewed the revisedordinance text at their August 20, 2013 meeting

and provided a favorable recommendation.


OPEN the Public Hearing.



A PUBLIC HEARING is held. Michael DeLuca, Community Development Director

addresses the council. He explained the ordinance was updated in 2010 in response to

direction from the Federal Emergency Management Agency. He commented that again

they have made more changes and they will be in effect on October 16, 2013. He


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TownCouncilMeetingMinutesSeptember16,2013Book54Page805reminded the council that they received a bulleted list of 11 different primary changes.

He reviewed the changes with the council as follows:

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 Officialas the responsible party for floodplain management.

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

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-proofingrequirements.

4.7 (d) 2 g Restricts change of use from commercial to residential for propertieslocated 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.


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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.

Councilmember Mannix comments on inviting the state agencies in on regulations

regarding water quality and endangered species and he had concerns on giving away the

local autonomy.

Mr. Deluca commented that all regulations had to do with the concerns of the federal

government and how digging or grading may impact water quality and endangered

species and that it is related to the site alterations provisions.

Councilmember Mannix said his concern was what we have to do and could the language

be may. He also commented that that he was struggling with the bullet points and

wanted more detail to review but now there was a deadline.

Mr. Deluca explained that the proposed draft ordinance was received with areas to fill in

the blank items such as local officials name and such as most of the text was already

prepared. He also noted that most of the ordinance is already in effect since 2010. He

noted that FEMA feels very strongly about putting these two things in the ordinance and

if it is taken out the towns ordinance may not be authorized on the federal level.

Mr. Deluca noted that if there was a way to hold the first reading and still meet the

deadline of October 16th he could take the concerns the RI Emergency Management


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TownCouncilMeetingMinutesSeptember16,2013Book54Page807Agency staff that are the liaisons for FEMA and get an interpretation as to the importance

and whether or not FEMA would be amenable to omitting those two provisions

Proponent and opponents are called and the following are sworn in and speak:

Stanley Wojciechowski speaks on cost insurance and removing or adding plantings



CONTINUE the Public Hearing to the next council meeting.



ADJOURNMENT:

The meeting adjourns at 9:16 p. m.

ATTEST: MINUTES ACEPTED ASPRESENTED/AMENDED_____________________

Anne M. Irons, CMC Anne M. Irons, CMCCouncil Clerk Council Clerk

Council Meetings can be viewed at the following site:https://www.youtube.com/channel/UCaXrjLKjolyaFtqVXBLwEfg

A digital format is made a part of the record for a complete account of the councilmeeting.


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_______________________________________________________________________________________________________

TOWN CLERK USE ONLY:Consent Agenda ORD. # RES. #Carry Over to Date: LCON# LIC. #

Approved Action Date:Unfinished Business (Date heard previous: )New BusinessPublic Hearing No Action Taken

REV. 02/2010

TOWN OF NARRAGANSETT CC: ____________COUNCIL COMMUNICATION Amend No. ______

Date Prepared: September 4, 2013Council Meeting Date: October 7, 2013

_____________________________________________________________________

TO: Rich Kerbel, Interim Town Manager

FROM: Michael J. DeLuca, Community Development Director

SUBJECT: A public hearing for the purpose of revising the Flood Hazard AreaOverlay District Ordinance.

RECOMMENDATION:

That the Town Council HOLD A CONTINUED PUBLIC HEARING to amend the text ofChapter 731 of the Code of Ordinances entitled Zoning, specifically, Section 2.2 Definitions, and Section 4.7 Special Flood Hazard Area Overlay District.

That the Town Council INTRODUCE, READ, PASS AND ACCEPT as a First Readingthe text of amendments to Section 2.2 Definitions, and Section 4.7 Special FloodHazard Area Overlay District.

SUMMARY:

This ordinance is proposed to amend the text of the Flood Hazard Overlay Ordinance toreflect recent changes made to the Flood Maps by FEMA. These changes amend themaps approved by the Town in 2010.

This amendment is a requirement of the FEMA Map Modernization Process currentlyunderway for those communities that take part in the National Flood InsurancePrograms (NFIP) Community Rating System (CRS). The draft amendments to theSpecial Flood Hazard Area Overlay District (Section 4.7) were developed usingguidance from RIEMA and FEMA. Due to time constraints set forth by these governingagencies, adoption of this ordinance is required by October 10th, 2013. The PlanningBoard reviewed the revised ordinance text at their August 20, 2013 meeting andprovided a favorable recommendation.

Copy of the draft text (with amendments highlighted) was sent to the Town Council forreview early in the month. Most of the revisions are minor in nature.

This matter was continued from the September 16, 2013 meeting.


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2

A public hearing for the purpose of revising the Flood Hazard Area Overlay DistrictOrdinance

October 7, 2013Page 2

A meeting with RIEMA staff was held on Friday September 27, 2013 at which severalconcerns raised during the opening hearing were addressed. The attached copy (Draft3) incorporates revisions made following that meeting accompanied by a cover sheetexplaining each change.

ATTACHMENTS:1. Advertisement2. Ordinance with markups3. Clean copy of draft ordinance4. Planning Board Recommendation5. Outline6. FEMA Standards


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AMENDEDDRAFT3OCT7,2013Additions / revisions since September 16, 2013 are shaded in grayDeletions since September 16, 2013are shaded in green

TOWNOFNARRAGANSETT

CHAPTER

AN ORDINANCE IN AMENDMENT OF CHAPTER 731 OF THE CODEOF 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 specialflood 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.

Formatted: Normal

Formatted: Highlight





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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 169, 20102013. The exact boundaries of the District may bedefined by the 100-year base flood elevations shown on the FIRM andfurther defined by the Washington County Flood Insurance Study (FIS)report dated October 1916, 20102013. The office of the Building OfficialTown Managers designee is responsible for floodplain Themanagement.The FIRM and FIS report and any revisions thereto are incorporated hereinby reference and are on file with the Town Clerk, Building Official, and theDepartment of Community Development.

(2) Administrative Provisions

a. Use Permit Building Permit - All proposed construction or otherdevelopment within a Special Flood Hazard Area shall require a permit.

b. The National Flood Insurance Program Special Flood Hazard Arearequires permits for all projects that meet the definition ofdevelopment, not just building projects. Development projectsinclude any filling, grading, excavation, mining, drilling, storage ofmaterials, temporary stream crossings. If the construction or otherdevelopment within a Special Flood Hazard Area is not covered by abuilding building permit, all other non-structural activities shall bepermitted by either the Rhode Island Coastal Resources ManagementCouncil and/or the Rhode Island Department of EnvironmentalManagement as applicable. Therefore if another State agency issues apermit, the local building official must have the opportunity for inputand keep a copy of the respective permit in their files. or other

approved permit application, a flood hazard development permit shallbe required. The application for a flood hazard development permitshall be submitted to the Building Official and shall include:

1. The name and address of the applicant;2. An address and/or map indicating the location of the construction

site;

3. A site plan showing location of existing and proposed structures,sewage disposal facilities, water supply facilities, areas to be cutand filled, and the dimensions of the lot;

4. A statement of the intended use of the structure;5. A statement as to the type of sewage system proposed;6. Specification of dimensions of the proposed structures;7. The specific datum used for all elevations;8. The elevation (in relation to mean sea level) of the lowest floor,

including basement, and if the lowest floor is below grade on oneor more sides, the elevation of the floor immediately above;

9. Base flood elevation data for all new, relocated or substantiallyimproved structures;

Formatted: Font color: Auto





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10.The elevation (in relation to mean sea level) to which the structurewill be floodproofed;

11.The description of the extent to which any watercourse will bealtered or relocated as a result of the proposed development.

c. Prior to the issuance of a building permit, the applicant shall submitevidence that all necessary permits and approvals have been received fromall government agencies from which approval is required by federal orstate law.

d. A permit fee (based on the cost of the construction) shall be required to bepaid to the Town of Narragansett and a copy of a receipt for the same shallaccompany the application. An additional fee may be charged if the codeenforcement officer and/or board of appeals need the assistance of aprofessional engineer.

e. Disclaimer of Liability. The degree of flood protection required by thisSection of the Ordinance is considered reasonable but does not imply totalflood protection.

f. Severability. If any section, provision, or portion of this regulation isadjudged unconstitutional or invalid by a court, the remainder of thisSection shall not be affected.

g. Abrogation and Greater Restriction. This Section of the Ordinance shallnot in any way impair/remove the necessity of compliance with any otherapplicable laws, ordinances, regulations, etc. Where this Section of theOrdinance imposes a greater restriction, the provisions of this Sectionshall control.

g.h. Enforcement. The building official shall enforce all provisions asapplicable in State and local building codes

g.i.Penalties. Every person who shall violate any provision of this codeshall be subject to penalties put forth in state and local building codes.

(c) Notification of Watercourse Alteration. In a riverine situation the BuildingOfficial shall notify the following of any alteration or relocation of a watercourse:

(1) Adjacent Communities

(2) NFIP State CoordinatorRhode Island Emergency Management Agency645 New London AvenueCranston, RI 02920

(3) NFIP Program SpecialistRisk Analysis BranchFederal Emergency Management Agency, Region I99 High Street, 6th Floor

Boston, MA 02110

The carrying capacity of the altered or relocated watercourse shall be maintained.

(d)Use Regulations.(1)Reference to Existing Regulations

Formatted: Bullets and Numbering




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a. The Special Flood Hazard Areas are established as a floodplain overlaydistrict. All development in the district, including structural and non-

structural activities, whether permitted by right or by special permit mustbe in compliance with the following:

1. Rhode Island State Building Code ( As established underRhode Island General Law 23-27.3);

2. Coastal Resources Management ProgramAct, CoastalResource Management Council (RIGL 46-23);

2.3.Endangered Species Act, Rhode Island Department ofEnvironmental Management (RIGL 20-1-2)

3.4.Freshwater Wetlands Act, Department of EnvironmentalManagement (RIGL 46-23-6);2-1-18)

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

4.6. Water Quality Regulations, Rhode Island Department ofEnvironmental MangementManagement (RIGL 42-17.1 AND 42-17.6 AND 46-12)

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 Regulationsa. Within Zones AH and AO on the FIRM, adequate drainage paths

must 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 their the top of the lowest floor atleast as high as the FIRMs depth number above the highest adjacentgrade and 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 constructed

to minimize or eliminate flood damage; and

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




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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 meet

the elevation or dry flood-proofing requirement if the followingstandards are met:

1. The structure is no more than 100 square feet in size andhas avalue 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.

2.3. The structure is not in the floodway.

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

3.5.The structure is used solely for parking of vehicles and/orlimited storage.

4.6.The accessory structure must be wet floodproofed anddesigned to allow for the automatic entry and exit of floodwater.

5.7.The accessory structure shall be firmly anchored to preventflotation, collapse and lateral movement.

6.8.Service facilities such as electrical, mechanical and heatingequipment must be elevated or floodproofed to or above thebase flood elevation.

7.9.The structure must not increase the flood levels in thefloodway.

f. Existing contour intervals of site and elevations of existing structuresmust be included on plan proposal.

f.g.No person shall change from business/commercial to residential useof any structure or property located in the floodway of a Special FloodHazard Area so as to result in a use of expansion that could increasethe risk to the occupants.

f.h. The space below the lowest floor:1. Free of obstructions as described in FEMA Technical Bulletin 5Free of Obstruction Requirements for Buildings Located in CoastalHigh Hazard Area in Accordance with the National Flood InsuranceProgram

2. Constructed with open wood lattice-work, or insect screeningintended to collapse under wind and water without causing collapse,displacement, or other structural damage to the elevated portion of thebuilding or supporting piles or columns; or,

f.3. Designed with an enclosed area less than 300 square feet that isconstructed with non-supporting breakaway walls that have a designsafe loading resistance of not less than 10 or more than 20 pounds persquare foot.

(3) Base Flood Elevation (BFE) and Floodway Data




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a. Floodway Data. In Zones A, A1-30, and AE, along watercourses thathave not had a regulatory floodway designated, the best available Federal,

State, local, or other floodway data shall be used to prohibitencroachments in floodways which would result in any increase in floodlevels within the community during the occurrence of the base flooddischarge.

b. Base Flood Elevation Data. Base flood elevation data is required forsubdivision proposals or other developments greater than fifty (50) lots or5 acres, whichever is the lesser, within unnumbered A zones.

c. Base Flood Elevations in A Zones. In the absence of FEMA BFE data andfloodway data, the best available Federal, State, local, or other BFE orfloodway data shall be used as the basis for elevating residential and non-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 asthe 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.


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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,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 otherstructures; the

construction of additions, alterations or substantial improvements to buildings orstructures; the placement of buildings or structures; mining, dredging, filling,grading, paving, excavation or drilling operations or storage of equipment ormaterials.

; the storage, deposition, or extraction of materials; and the installation, repairor removal of public or private sewage disposal systems or water supply facilities.

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 beaffixed (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 Federal Emergency ManagementAgency (FEMA) has delineated both the special flood hazard areas (100-yearfloodplain) and the insurance risk premium zones applicable to a community. AFIRM that has been made available digitally is called a Digital Flood InsuranceRate Map (DFIRM).


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published after January 1990 may also show the limits of the regulatoryfloodway.

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 without

cumulatively increasing the water surface elevation more than one (1) foot adesignated height. For the purposes of these regulations, the term RegulatoryFloodway is synonymous in meaning with the term Floodway.

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 repair

facilities. The term does not include seafood processing facilities. , long-termstorage, manufacturing, sales or service facilities.

Highest Adjacent Grade (HAG). The highest natural elevation of the groundsurface prior to 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 asmeeting 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 thelimit of the 1.5-foot wave height during the base flood.


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Lowest Floor. The lowest floor of the lowest enclosed area (includingbasement). An unfinished or flood resistant enclosure, usa

october 7 narragansett tc agenda 2

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