september 16 narragansett tc agenda
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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, 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.
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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
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.
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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.
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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.
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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 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.
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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
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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,
Matthew M. Mannix aye, James M. Callaghan 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)
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TownCouncilMeetingMinutesAugust19,2013Book54Page652Douglas E. McLaughlin aye, Susan Cicilline-Buonanno aye, Glenna Hagopian aye,
Matthew M. Mannix aye, James M. Callaghan 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.
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
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)
Douglas E. McLaughlin aye, Susan Cicilline-Buonanno aye, Glenna Hagopian aye,
Matthew M. Mannix aye, James M. Callaghan aye
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.
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TownCouncilMeetingMinutesAugust19,2013Book54Page653
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
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.
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
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.
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TownCouncilMeetingMinutesAugust19,2013Book54Page656
Douglas E. McLaughlin aye, Susan Cicilline-Buonanno aye, Glenna Hagopian aye,
Matthew M. Mannix aye, James M. Callaghan aye
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.
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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
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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.
Douglas E. McLaughlin aye, Susan Cicilline-Buonanno aye, Glenna Hagopian aye,
Matthew M. Mannix aye, James M. Callaghan aye
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
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TownCouncilMeetingMinutesAugust19,2013Book54Page663
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.
Douglas E. McLaughlin aye, Susan Cicilline-Buonanno aye, Glenna Hagopian aye,
Matthew M. Mannix aye, James M. Callaghan aye
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.
Douglas E. McLaughlin aye, Susan Cicilline-Buonanno aye, Glenna Hagopian aye,
Matthew M. Mannix aye, James M. Callaghan aye
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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 Business Public Hearing No Action TakenREV. 02/2010
TOWN OF NARRAGANSETT CC: ____________
COUNCIL COMMUNICATION Amend No. ______
Date Prepared: September 6, 2013Council Meeting Date: September 16, 2013
_____________________________________________________________________
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
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Town
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Being A.P. B-2, LOT 2-B - Lot Area = 6.08 ACRES
Narragansett, RI 02882375 Kingstown Road
LOCATED AT
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100 0 100 200 300
Scale 1" = 100'
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Existing Zoning for A.P. B-2, Lot 2-B = R-80Propopsed Zoning for A.P. B-2, Lot 2-B = B-A
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%%uLEGEND:
Zoning DistrictR-80
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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 Business Public Hearing No Action TakenREV. 02/2010
TOWN OF NARRAGANSETT CC: ____________
COUNCIL COMMUNICATION Amend No. ______
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.
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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
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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 Business Public Hearing No Action Taken
REV. 02/2010
TOWN OF NARRAGANSETT CC: ____________
COUNCIL COMMUNICATION Amend No. ______
Date Prepared: September 5, 2013Council Meeting Date: September 16, 2013
_____________________________________________________________________
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
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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
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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.
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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
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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
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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.
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TOWN OF NARRAGANSETT
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
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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.
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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,
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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.
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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.
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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.
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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
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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
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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.
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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 Business Public Hearing No Action TakenREV. 02/2010
TOWN OF NARRAGANSETT CC: 01
COUNCIL COMMUNICATION Amend No. ______
Date Prepared: September 9, 2013Council Meeting Date: September 16, 2013
_____________________________________________________________________
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:
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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 Business Public Hearing No Action TakenREV. 02/2010
TOWN OF NARRAGANSETT CC: ____02________
COUNCIL COMMUNICATION Amend No. ______
Date Prepared: September 6, 2013Council Meeting Date: September 16, 2013
_____________________________________________________________________
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.
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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 Business Public Hearing No Action TakenREV. 02/2010
TOWN OF NARRAGANSETT CC: ____03_________
COUNCIL COMMUNICATION Amend No. ______
Date Prepared: September 6, 2013Council Meeting Date: September 16, 3013
_____________________________________________________________________
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
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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
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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 Business Public Hearing No Action TakenREV. 02/2010
TOWN OF NARRAGANSETT CC: ____05________
COUNCIL COMMUNICATION Amend No. ______
Date Prepared:August 28, 2013Council Meeting Date: September 16, 2013
_____________________________________________________________________
TO: Richard Kerbel, Interim Town Manager
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.
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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 Business Public Hearing No Action TakenREV. 02/2010
TOWN OF NARRAGANSETT CC: ____06________
COUNCIL COMMUNICATION Amend No. ______
Date Prepared: September 3, 2013Council Meeting Date: September 16, 2013
_____________________________________________________________________
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.
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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 Business Public Hearing No Action TakenREV. 02/2010
TOWN OF NARRAGANSETT CC: ____07________
COUNCIL COMMUNICATION Amend No. ______
Date Prepared: September 3, 2013Council Meeting Date: September 16, 2013
_____________________________________________________________________
TO: Richard Kerbel, Interim Town Manager
FROM: Daniel Holland, Information Resources
PREPARED BY: Susan W. Gallagher, Purchasing Agent
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.
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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 Business Public Hearing No Action TakenREV. 02/2010
TOWN OF NARRAGANSETT CC: _____08_______
COUNCIL COMMUNICATION Amend No. ______
Date Prepared:August 28, 2013Council Meeting Date: September 16, 2013
_____________________________________________________________________
TO: Richard Kerbel, Interim Town Manager
FROM: Dean Hoxsie, Police Chief
PREPARED BY: Susan W. Gallagher, Purchasing Agent
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.
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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 Business Public Hearing No Action TakenREV. 02/2010
TOWN OF NARRAGANSETT CC: ____09________
COUNCIL COMMUNICATION Amend No. ______
Date Prepared: September 5, 2013Council Meeting Date: September 16, 2013
_____________________________________________________________________
TO: Richard Kerbel, Interim Town Manager
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.
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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 Business Public Hearing No Action Taken
REV. 02/2010
TOWN OF NARRAGANSETT CC: ____10________
COUNCIL COMMUNICATION Amend No. ______
Date Prepared: September 12, 2013Council Meeting Date: September 16, 2013
_____________________________________________________________________
TO: Rich Kerbel, Interim Town Manager
FROM: Steve Wright, Director Parks and Recreation
PREPARED BY: Susan W. Gallagher, Purchasing Agent
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.
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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 Business Public Hearing No Action TakenREV. 02/2010
TOWN OF NARRAGANSETT CC: _____11______
COUNCIL COMMUNICATION Amend No. ______
Date Prepared: September 5, 2013Council Meeting Date: September 16, 2013
_____________________________________________________________________
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
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TOWN OF NARRAGANSETT
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 ___