October 7 Narragansett TC AGENDA

AGENDA
TOWN 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
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 Council on 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 Consent Agenda. 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 order listed 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 be limited 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. Once acknowledged, 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
NARRAGANSETT TOWN COUNCIL REGULAR MEETING AGENDA October 7, 2013 7:30 p.m. Posted 10-03-13 _____________________________________________
Narragansett Town Hall 25 Fifth Avenue Narragansett, RI 02882 (401) 789-1044
CALL TO ORDER: PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES:
NARRAGANSETT TOWN COUNCIL

President James M. Callaghan President Pro Tem Susan Cicilline-Buonanno Members Glenna M. Hagopian Matthew M. Mannix Douglas E. McLaughlin Acting Town Manager Richard Kerbel Town Clerk Anne M. Irons, CMC Town Solicitor Mark A. McSally, Esq.
July 15, 2013 Executive Session Meeting July 29, 2013 Executive Session Meeting July 30, 2013 Executive Session Meeting July 31, 2013 Executive Session Meeting August 5, 2013 Executive Session Meeting August 15, 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 HEARING to 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 to Section 2.2 Definitions, and Section 4.7 Special Flood Hazard Area Overlay District.
Town Council Agenda October 7, 2013 Page 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 APPROVE the request from Project Sweet Peas for the 4th Annual Polar Plunge to be held on Saturday March 1, 2014 from 12:00 pm to 3:00 pm at the Town Beach, subject to approval of state and local regulations. 2. A MOTION to APPROVE the request from John E. DeCubellis, Jr. to conduct the 15th Annual Katie DeCubellis Memorial Foundation 5K Road Race scheduled for Sunday June 8, 2014 subject to approval of state and local regulations. 3. A MOTION to GRANT PERMISSION to Jesse Pugh and Dreamline Modular Homes to move a modular home over the streets of Narragansett to 18 South Trail, Plat A, Lot 50 during the period of the months of October through November 2013, subject to local and state regulations. 4. A MOTION to APPROVE the list of tangible abatements in the amount of $548.69 as recommended by the Finance Director. 5. A MOTION to APPROVE the 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 Electric Company to place one new joint stub pole P.2S and anchor guy location on Sabbatia Trail. 7. A MOTION to APPROVE, RATIFY and CONFIRM 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 October 5, 2013, subject to state and local 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 Atlas Pyrovision Productions, Inc., in the amount of $3,500.00 and to authorize the Town Manager to sign 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 entitled Smoking and use of tobacco products prohibited during youth events held at town athletic and recreational facilities, and at other designated public places. NEW BUSINESS: 10. A MOTION to AWARD the bid for the Paddle Sports Business Concession at Middlebridge for the Parks & Recreation Department to the highest bidder, The Kayak Centre, at the annual payments quoted, for a five-year period.
Town Council Agenda October 7, 2013 Page 3 of 3
11. A MOTION to INTRODUCE, READ, PASS and ACCEPT as a First Reading, An Ordinance in Amendment of Appendix A of the Code of Ordinances of the Town of Narragansett entitled Zoning. 12. A MOTION to ADOPT a Resolution authorizing budget transfer from FY12-13 in accordance with the Town Charter. 13. A MOTION to APPROVE the contract and transition of telecommunication services for the Town of Narragansett from Earthlink Business Solutions to Verizon and to authorize the Interim Town Manager 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 net amount of $16,026.69. 15. A MOTION to APPROVE the purchase of one Lifepak 15 Defibrillator/Monitor for the Fire Department from Medtronic/Physio-Control, Inc., in the amount of $26,850.75, including a tradein 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 Town of 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 Denise DeCaporale V. Zoning Board of Review of the Town of Narragansett in accordance with RI General Laws 42-46-5 (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 any meeting provided a request is received a minimum of three (3) business days prior to said meeting.
TOWN OF NARRAGANSETT COUNCIL COMMUNICATION
CC: ____________ Amend No. ______

Date Prepared: September 17, 2013 Council Meeting Date: October 7, 2013
_____________________________________________________________________ TO: FROM: SUBJECT: Richard Kerbel, Acting Town Manager Anne M. Irons, CMC Town Clerk Approval of Town Council Minutes
RECOMMENDATION: That the Town Council approve the minutes from the following meetings: July 15, 2013 Executive Session Meeting July 29, 2013 Executive Session Meeting July 30, 2013 Executive Session Meeting July 31, 2013 Executive Session Meeting August 5, 2013 Executive Session Meeting August 15, 2013 Executive Session Meeting 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.
_______________________________________________________________________________________________________
TOWN CLERK USE ONLY: Consent Agenda Carry Over to Date: Approved Unfinished Business (Date heard previous: New Business Public Hearing No Action Taken
ORD. # LCON# Action Date: )
RES. # LIC. #
REV. 02/2010
NARRAGANSETT TOWN COUNCIL WORK 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.
September16,2013WorkSessionMeeting Book54Page666
Graham 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.
The Cost Breakdown was reviewed as follows: Personal Services: Operating Expenses: Capital Expenses: Total: $318,418 $174,617 $3,500 $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.
Adolfo 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.
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.
VEHICLE MAINTENANCE REVIEW
Adolfo Bailon Graham 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 AS PRESENTED/AMENDED
Anne M. Irons, CMC Council Clerk
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
TownCouncilMeetingMinutes September16,2013 Book54Page783
that 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
the 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 to allow 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)
Susan 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. APPROVED (Cicilline-Buonanno-Hagopian 4/0) Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 3. A MOTION to a Class F-1 Alcoholic Beverage License for The Courthouse Theater 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. APPROVED (Cicilline-Buonanno-Hagopian 4/0) Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 4. A MOTION to APPROVE, RATIFY and CONFIRM the request from the F.I.R.M triathlon for the South County YMCA held on Sunday September 15, 2013 at 9:00 am, subject to state and local regulations. APPROVED (Cicilline-Buonanno-Hagopian 4/0) Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye
5. A MOTION to APPROVE RECEIVE and ACCEPT a grant from the Rhode Island Justice Commission in the amount of $18,758.00 and approve the expenditure of funds. APPROVED (Cicilline-Buonanno-Hagopian 4/0)
Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye,
James M. Callaghan aye 6. A MOTION to APPROVE the proposed five-year contract extension from Thyssen 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. APPROVED (Cicilline-Buonanno-Hagopian 4/0)
Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye,
James M. Callaghan aye 7. A MOTION to APPROVE the annual service agreement for the emergency communications system from Everbridge, in the amount of $6,745.00 and authorizes the Interim Town Manager to sign the renewal agreement. APPROVED (Cicilline-Buonanno-Hagopian 4/0)
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 Department of Attorney General State of Rhode Island, in the amount of $35.00 each for FY2013/2014.
APPROVED (Cicilline-Buonanno-Hagopian 4/0) Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 9. A MOTION to AWARD the bid for Clothing Cleaning Services for the Police and 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) Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 10. A MOTION to AWARD the 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 and an optional amount of $400.00 per run for an additional four pages, if needed. AWARDED (Cicilline-Buonanno-Hagopian 4/0) Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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
the 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. Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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 MultiJurisdictional 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
(adjacent to the Point Judith Water Tank) will provide safe and hardened (hurricaneresistant) 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
noted 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, James M. Callaghan 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. Susan Cicilline-Buonanno, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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
Retirement-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 CONTINGENCY FUND ACCOUNT AND THE RETIREMENT & TERMINATION BENEFITS ACCOUNT TO VARIOUS DEPARMENT ACCOUNTS RESOLUTION 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
TOWN COUNCIL
ACCOUNT DESCRIPTION
01.100.0203 Legal Services Legal Services 11,400 4,500
AMOUNT
REASON
Cover cost of legal bills, not budgeted Expenses exceeded the budget Termination payments to former TM Employee needed health benefits Maternity Leave Coverage Promotion Not Budgeted For Replacement for Assessor
TOWN SOLICITOR 01.110.0203 TOWN MANAGER 01.120.0201 FINANCE-ADM. 01.310.0123
Profess Services 25,500 Health Benefits 18,800
FINANCE-TAX COLL. 01.330.0102 FINANCE-ASSESS. 01.340.0101 01.340-0201
Temporary Wages 8,200 Regular Payroll 3,400
Professional Services 5,784 Legal Expense
2,320 Legal fees exceeded the budget 9,800 New employee not take health ins. 22,400 Funds budgeted in Patrol Unit
TOWN CLERK POLICE ADM.
01.205.0106 01-511.0102
Buyback of Health Part-time Wages

01.511.0123 01.511.0106 01.511.0401 CANINE CONTROL 01.531.0101 HARBOR MASTER 01.534.0504 FIRE ADM. 01.521.0106 Health Insurance 12,600 Costs exceeded the budget Benefits for employees retired in June Termination Benefits 191,500
Gasoline & Lubricants 24,000 Usage exceeded the budget Regular Wages Veh Maint & Repair Termination Benefits Overtime Wages Buyback of Leave Veh Maint & Repair Fire Preven Program Temporary Wages Overtime Wages Legal Services Temporary Wages Gasoline & Lubricants PC Software Support 3,400 1,500 30,500 74,500 4,190 3,200 1,000 11,850 800 260 10,900 Overlap with new Animal Cont Officer Costs exceeded the budget Termination payments to former Chief Costs exceeded the budget Costs exceeded the budget Costs exceeded the budget Costs exceeded the budget Costs exceeded the budget Increased Building Usage Costs exceeded the budget Costs exceeded the budget
FIRE OPERATIONS 01.522.0104 FIRE PREVENTION 01.523.0106 01.523.0504 01.523.0510 PW-ADM. PW-FAC.MANT. 01.710.0103 01.720.0104
Z BD OF APPEALS 01.130.0203 PARKS MAINT. 01.820.0103 01.820.0401 INSPECT SERVICES01.640.0320
7,600 Costs exceeded the budget 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 NARRAGANSETT S/James Callaghan Attest: James Callaghan, Council President S/Anne M.Irons Anne M. Irons, CMC Town Clerk
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 Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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 Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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.
15.
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. Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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.
Susan 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. Susan Cicilline-Buonanno, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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 2nd or 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. Susan Cicilline-Buonanno, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye The council skipped # 17 in error and was taken last before the public hearing portion of the meeting.
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. Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded and it is unanimously so voted SCHEDULE a Promotional Ceremony for the Police Department on September 25, 2013 at 7:00 p.m. at the high school. Susan Cicilline-Buonanno, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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
owners of real property whose property is located in or within not less than 200 feet of the perimeter of the area proposed for change. Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded and it is so voted to 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, James M. Callaghan aye Susan Cicilline-Buonanno moved, Glenna M. Hagopian seconded and it is so voted to REFER to the Planning Board for Recommendation. Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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
owners of real property whose property is located in or within not less than 200 feet of the perimeter of the area proposed for change. Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded and it is so voted to 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. Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye Susan Cicilline-Buonanno moved, Glenna M. Hagopian seconded and it is so voted to REFER to the Planning Board for Recommendation. Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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
1,410 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. Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded and it is so voted to OPEN the public hearing Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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.
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. Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded and it is so voted to CLOSE the public hearing. Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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
Glenna 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. Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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
recommends approval of an ordinance dissolving the Industrial Performance Commission. Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded and it is unanimously 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. Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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.
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. PLEASE SEE STENOGRAPHER TRANSCRIPT FOR MORE DETAILS Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded and it is so voted to CLOSE the Public Hearing. Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye Susan Cicilline-Buonanno moved, Glenna M. Hagopian seconded and it is so voted to the amend Appendix A of the Code of Ordinances of the Town of Narragansett entitled Zoning dissolving the Industrial Performance Commission Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded and it is so voted to RECEIVE and PLACE on FILE the Recommendation from Planning Board. Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye
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 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 revised ordinance text at their August 20, 2013 meeting and provided a favorable recommendation. Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded and it is so voted to OPEN the Public Hearing. Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye 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
reminded 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 specified to 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. 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
Agency 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
PLEASE SEE STENOGRAPHER TRANSCRIPT FOR MORE DETAILS Susan Cicilline-Buonanno moved, Matthew M. Mannix seconded and it is so voted to CONTINUE the Public Hearing to the next council meeting. Susan Cicilline-Buonanno aye, Glenna Hagopian aye, Matthew M. Mannix aye, James M. Callaghan aye
ADJOURNMENT: The meeting adjourns at 9:16 p. m. ATTEST: MINUTES ACEPTED AS PRESENTED/AMENDED _____________________ Anne M. Irons, CMC 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 council meeting.
CC: ____________ Amend No. ______

_____________________________________________________________________ TO: FROM: SUBJECT: Rich Kerbel, Interim Town Manager Michael J. DeLuca, Community Development Director A public hearing for the purpose of revising the Flood Hazard Area Overlay District Ordinance.
RECOMMENDATION: That the Town Council HOLD A CONTINUED PUBLIC HEARING to 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. That the Town Council INTRODUCE, READ, PASS AND ACCEPT as a First Reading the text of amendments to Section 2.2 Definitions, and Section 4.7 Special Flood Hazard Area Overlay District. SUMMARY: 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 revised ordinance text at their August 20, 2013 meeting and provided a favorable recommendation. Copy of the draft text (with amendments highlighted) was sent to the Town Council for review 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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RES. # LIC. #
REV. 02/2010
A public hearing for the purpose of revising the Flood Hazard Area Overlay District Ordinance October 7, 2013 Page 2
A meeting with RIEMA staff was held on Friday September 27, 2013 at which several concerns raised during the opening hearing were addressed. The attached copy (Draft 3) incorporates revisions made following that meeting accompanied by a cover sheet explaining each change.
ATTACHMENTS: 1. Advertisement 2. Ordinance with markups 3. Clean copy of draft ordinance 4. Planning Board Recommendation 5. Outline 6. FEMA Standards
AMENDED DRAFT 3 OCT 7, 2013

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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, RHODE ISLAND, 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 the
Town of Narragansett, entitled Zoning is hereby amended by deleting the introductory sentence that reads As used in this ordinance, the following words and terms shall have the meanings indicated and replacing it with As used in this ordinance, the following words and terms shall have the meanings indicated unless otherwise specified.
Section 2: Section 4.7 (Special Flood Hazard Area Overlay District) of Chapter 731
of the Code of Ordinances of the Town of Narragansett, entitled Zoning is hereby amended 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 from encroachment, and to maintain the capability of floodplains to retain and carry off floodwaters. The Town of Narragansett elects to comply with the requirements of the National 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 flood hazard areas are subject to recurrent flooding which presents serious hazards to the health, 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 floodplain overlay district (District). The District includes all special flood hazard areas within the Town of Narragansett designated as Zone A, AE, AH, AO, A99, V, or VE on the Washington County Flood Insurance Rate Map (FIRM) and Digital 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 partially within the Town of Narragansett are panel numbers 44009C0114J, 44009C118J, 44009C192J, 44009C194J, 44009C0202J, 44009C0203J, 44009C0204J, 44009C0206J, 44009C0208J, 44009C0211J, 44009C0212J, 44009C0213J, 44009C0214J, 44009C0307J, and 44009C0326J dated October 169, 20102013. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Washington County Flood Insurance Study (FIS) report dated October 1916, 20102013. The office of the Building Official Town Managers designee is responsible for floodplain Themanagement. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the Town Clerk, Building Official, and the Department of Community Development. (2) Administrative Provisions a. Use Permit Building Permit - All proposed construction or other development within a Special Flood Hazard Area shall require a permit. b. The National Flood Insurance Program Special Flood Hazard Area requires permits for all projects that meet the definition of development, not just building projects. Development projects include any filling, grading, excavation, mining, drilling, storage of materials, temporary stream crossings. If the construction or other development within a Special Flood Hazard Area is not covered by a building building permit, all other non-structural activities shall be permitted by either the Rhode Island Coastal Resources Management Council and/or the Rhode Island Department of Environmental Management as applicable. Therefore if another State agency issues a permit, the local building official must have the opportunity for input and keep a copy of the respective permit in their files. or other approved permit application, a flood hazard development permit shall be required. The application for a flood hazard development permit shall 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 cut and 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 one or more sides, the elevation of the floor immediately above; 9. Base flood elevation data for all new, relocated or substantially improved structures;
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10. The elevation (in relation to mean sea level) to which the structure will be floodproofed; 11. The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. c. Prior to the issuance of a building permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by federal or state law. d. A permit fee (based on the cost of the construction) shall be required to be paid to the Town of Narragansett and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the code enforcement officer and/or board of appeals need the assistance of a professional engineer. e. Disclaimer of Liability. The degree of flood protection required by this Section of the Ordinance is considered reasonable but does not imply total flood protection. f. Severability. If any section, provision, or portion of this regulation is adjudged unconstitutional or invalid by a court, the remainder of this Section shall not be affected. g. Abrogation and Greater Restriction. This Section of the Ordinance shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this Section of the Ordinance imposes a greater restriction, the provisions of this Section shall control. g.h. Enforcement. The building official shall enforce all provisions as applicable in State and local building codes g.i. Penalties. Every person who shall violate any provision of this code shall be subject to penalties put forth in state and local building codes. (c) Notification of Watercourse Alteration. In a riverine situation the Building Official shall notify the following of any alteration or relocation of a watercourse: (1) (2) Adjacent Communities NFIP State Coordinator Rhode Island Emergency Management Agency 645 New London Avenue Cranston, RI 02920 NFIP Program SpecialistRisk Analysis Branch Federal Emergency Management Agency, Region I 99 High Street, 6th Floor Boston, MA 02110
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(3)
The carrying capacity of the altered or relocated watercourse shall be maintained. (d) Use Regulations. (1) Reference to Existing Regulations
a. The Special Flood Hazard Areas are established as a floodplain overlay district. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit must be in compliance with the following: 1. Rhode Island State Building Code ( As established under Rhode Island General Law 23-27.3); 2. Coastal Resources Management ProgramAct, Coastal Resource Management Council (RIGL 46-23); 2.3.Endangered Species Act, Rhode Island Department of Environmental Management (RIGL 20-1-2) 3.4.Freshwater Wetlands Act, Department of Environmental Management (RIGL 46-23-6);2-1-18) 4.5.Minimum Standards Related to Individual Sewage Disposal Systems, Department of Environmental Management (RIGL 46-12) 4.6. Water Quality Regulations, Rhode Island Department of Environmental MangementManagement (RIGL 42-17.1 AND 4217.6 AND 46-12) b. Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. (2) Other Use Regulations a. Within Zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures. b. Within Zones AO on the FIRM, new and substantially improved residential structures shall have their the top of the lowest floor at least as high as the FIRMs depth number above the highest adjacent grade and non-residential structures shall be elevated or flood-proofed above the highest adjacent grade to at least as high as the depth number on the FIRM. On FIRMs without a depth number for the AO Zone, structures shall be elevated or floodproofed to at least two feet above the highest adjacent grade. c. In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Washington County FIRM encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of 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 flood hazards.
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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 following standards are met: 1. The structure is no more than 100 square feet in size and has a value less than $1000. 2. The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and 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/or limited storage. 4.6.The accessory structure must be wet floodproofed and designed to allow for the automatic entry and exit of flood water. 5.7.The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement. 6.8.Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation. 7.9.The structure must not increase the flood levels in the floodway. f. Existing contour intervals of site and elevations of existing structures must be included on plan proposal. f.g. No person shall change from business/commercial to residential use of any structure or property located in the floodway of a Special Flood Hazard Area so as to result in a use of expansion that could increase the risk to the occupants. f.h. The space below the lowest floor: 1. Free of obstructions as described in FEMA Technical Bulletin 5 Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Area in Accordance with the National Flood Insurance Program 2. Constructed with open wood lattice-work, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting piles or columns; or, f.3. Designed with an enclosed area less than 300 square feet that is constructed with non-supporting breakaway walls that have a design safe loading resistance of not less than 10 or more than 20 pounds per square 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 that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. b. Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than fifty (50) lots or 5 acres, whichever is the lesser, within unnumbered A zones. c. Base Flood Elevations in A Zones. In the absence of FEMA BFE data and floodway data, the best available Federal, State, local, or other BFE or floodway data shall be used as the basis for elevating residential and nonresidential structures to or above the base flood level and for floodproofing non-residential structures to or above the base flood level. (e) Definitions. Unless otherwise specified, the definitions provided for below shall only 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 of the principal structure. Area of Shallow Flooding. A designated AO, AH, AR/AO, AR/AH, or VO zone on a communitys Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard. See definition for Special Flood Hazard Area. Base Flood. The flood having a one (1) percent chance of being equaled or exceeded 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 a Flood 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 or 100-year flood. The height, as established in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified), in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas. Basement. Any area of the building having its floor subgrade (below ground level) 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 shall include, but not be limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractors overhead; contractors profit; and grand total. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, costs to correct code violations subsequent 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 other structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities. Existing Manufactured Home Park or Manufactured Home Subdivision. A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. Expansion to an Existing Manufactured Home Park or Existing Manufactured Home Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA). The federal agency that administers the National Flood Insurance Program (NFIP). Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source. Flood Insurance Rate Map (FIRM). The official map of a community on which the Federal Insurance Administrator Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas (100-year floodplain) and the insurance risk premium zones applicable to a community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
published after January 1990 may also show the limits of the regulatory floodway. Flood Insurance Study (FIS). The official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations, 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 to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot a designated height. For the purposes of these regulations, the term Regulatory Floodway is synonymous in meaning with the term Floodway. Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Functionally Dependent Use or Facility. A use or facility that cannot perform its 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 the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities. , long-term storage, manufacturing, sales or service facilities. Highest Adjacent Grade (HAG). The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure. Any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the 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 as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities 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.
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Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a buildings lowest floor; Provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 60.3. The lowest floor of the lowest enclosed area (including basement). 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 a permanent foundation when attached to the required utilities. The term manufactured home does not include a recreational vehicle. The term also includes park trailers, travel trailers, recreational vehicles and other similar vehicles or transportable structures placed on a site for one hundred and eighty (180) consecutive days or longer and intended to be improved property. Manufactured Home Park or Manufactured Home Subdivision. A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale. Market Value. Market value is the price of a structure that a willing buyer and seller agree upon. This can be determined by an independent appraisal by a professional appraiser; the propertys tax assessment, minus land value; the replacement cost minus depreciation of the structure; the structures Actual Cash Value. New Construction. Structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. New Manufactured Home Park or Manufactured Home Subdivision. A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain regulations adopted by the community. Recreational Vehicle. A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory Floodway. See definition for Floodway. Sheet Flow Area. See definition for Area of Shallow Flooding.
Special Flood Hazard Area (SFHA). The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. . After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30 ,AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE or V. For purposes of these regulations, the term special flood hazard area is synonymous in meaning with the phrase area of special flood hazard. SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. SFHAs include, but are not necessarily limited to, the land shown as Zones A, A1-30, AE, AO, AH, and the Coastal High Hazard Areas shown as Zones V, V1-30, and VE on a FIRM. The SFHA is also called the Area of Special Flood Hazard. Start of Construction. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within one hundred and eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does in include excavation for a basement, footings, piers, or foundations or the erections of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a 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 in one or more sections, and affixed to a permanent foundation); or 3. 3. A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the communitys floodplain management and building ordinances or laws.
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For the latter purpose, structure does not mean recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage tank. A walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures. Substantial Damage. Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement. Any reconstruction, rehabilitation, addition or other improvements to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, 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 code enforcement official and which are the minimum necessary to assure safe living conditions or 2. Any alteration of the historic structure, provided that the alteration will not preclude the structures continued designation as a historic structure Any combination of repairs, reconstruction, rehabilitation, alterations, additions or other improvements to a structure, taking place within any twelve (12) month period, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. For purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of a historic structure, provided that the alteration will not preclude the structures continued designation as a historic structure. Variance. A grant of relief by a community from the terms of the floodplain management Section of the Ordinance that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship. Violation. Failure of a structure or other development to be fully compliant with this Section of the Ordinance. A structureConstruction or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
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Section 3: This Section of the Ordinance shall take effect upon its passage
and all other ordinances or parts of ordinances inconsistent herewith are hereby repealed. First reading read and passed in the Town Council meeting legally assembled the 20th ___ day of October, 2013September, 2010. Second reading read and passed in the Town Council meeting legally assembled the 4th ___ day of October, 20130. ATTEST:
____________________________ Anne M. Irons, Town Clerk
AMENDED DRAFT 3 OCT 7, 2013 TOWN OF NARRAGANSETT

CHAPTER AN ORDINANCE IN AMENDMENT OF CHAPTER 731 OF THE CODE OF ORDINANCES OF THE TOWN OF NARRAGANSETT, RHODE ISLAND, 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 the
Town of Narragansett, entitled Zoning is hereby amended by deleting the introductory sentence that reads As used in this ordinance, the following words and terms shall have the meanings indicated and replacing it with As used in this ordinance, the following words and terms shall have the meanings indicated unless otherwise specified.
Section 2: Section 4.7 (Special Flood Hazard Area Overlay District) of Chapter 731
of the Code of Ordinances of the Town of Narragansett, entitled Zoning is hereby amended 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 from encroachment, and to maintain the capability of floodplains to retain and carry off floodwaters. The Town of Narragansett elects to comply with the requirements of the National 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 flood hazard areas are subject to recurrent flooding which presents serious hazards to the health, 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 floodplain overlay district (District). The District includes all special flood hazard areas within the Town of Narragansett designated as Zone A, AE, AH, AO, A99, V, or VE on the Washington County Flood Insurance Rate Map (FIRM) and Digital 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 partially within the Town of Narragansett are panel numbers 44009C0114J, 44009C118J, 44009C192J, 44009C194J, 44009C0202J, 44009C0203J, 44009C0204J, 44009C0206J, 44009C0208J, 44009C0211J, 44009C0212J, 44009C0213J, 44009C0214J, 44009C0307J, and 44009C0326J dated
October 16, 2013. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Washington County Flood Insurance Study (FIS) report dated October 16, 2013. The Town Managers designee is responsible for floodplain management. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the Town Clerk, Building Official, and the Department of Community Development. (2) Administrative Provisions a. Building Permit - All proposed construction or other development within a Special Flood Hazard Area shall require a permit. b. The National Flood Insurance Program Special Flood Hazard Area requires permits for all projects that meet the definition of development, not just building projects. Development projects include any filling, grading, excavation, mining, drilling, storage of materials, temporary stream crossings. If the construction or other development within a Special Flood Hazard Area is not covered by a building permit, all other non-structural activities shall be permitted by either the Rhode Island Coastal Resources Management Council and/or the Rhode Island Department of Environmental Management as applicable. Therefore if another State agency issues a permit, the local building official must have the opportunity for input and keep a copy of the respective permit in their files. The application for a flood hazard development permit shall 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 cut and 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 one or more sides, the elevation of the floor immediately above; 9. Base flood elevation data for all new, relocated or substantially improved structures; 10. The elevation (in relation to mean sea level) to which the structure will be floodproofed; 11. The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. c. Prior to the issuance of a building permit, the applicant shall submit evidence that all necessary permits and approvals have been received from
all government agencies from which approval is required by federal or state law. d. A permit fee (based on the cost of the construction) shall be required to be paid to the Town of Narragansett and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the code enforcement officer and/or board of appeals need the assistance of a professional engineer. e. Disclaimer of Liability. The degree of flood protection required by this Section of the Ordinance is considered reasonable but does not imply total flood protection. f. Severability. If any section, provision, or portion of this regulation is adjudged unconstitutional or invalid by a court, the remainder of this Section shall not be affected. g. Abrogation and Greater Restriction. This Section of the Ordinance shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this Section of the Ordinance imposes a greater restriction, the provisions of this Section shall control. h. Enforcement. The building official shall enforce all provisions as applicable in State and local building codes
i. Penalties. Every person who shall violate any provision of this code shall be subject to penalties put forth in state and local building codes. (c) Notification of Watercourse Alteration. In a riverine situation the Building Official shall notify the following of any alteration or relocation of a watercourse: (1) (2) Adjacent Communities NFIP State Coordinator Rhode Island Emergency Management Agency 645 New London Avenue Cranston, RI 02920 Risk Analysis Branch Federal Emergency Management Agency, Region I 99 High Street, 6th Floor Boston, MA 02110
(3)
The carrying capacity of the altered or relocated watercourse shall be maintained. (d) Use Regulations. (1) Reference to Existing Regulations a. The Special Flood Hazard Areas are established as a floodplain overlay district. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit must be in compliance with the following: 1. Rhode Island State Building Code ( As established under Rhode Island General Law 23-27.3);
2. Coastal Resources Management Act, Coastal Resource Management Council (RIGL 46-23); 3. Endangered Species Act, Rhode Island Department of Environmental Management (RIGL 20-1-2) 4. Freshwater Wetlands Act, Department of Environmental Management (RIGL 2-1-18) 5. Minimum Standards Related to Individual Sewage Disposal Systems, Department of Environmental Management (RIGL 46-12) 6. Water Quality Regulations, Rhode Island Department of Environmental Management (RIGL 42-17.1 AND 42-17.6 AND 46-12) b. Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. (2) Other Use Regulations a. Within Zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures. b. Within Zones AO on the FIRM, new and substantially improved residential structures shall have the top of the lowest floor at least as high as the FIRMs depth number above the highest adjacent grade and non-residential structures shall be elevated or flood-proofed above the highest adjacent grade to at least as high as the depth number on the FIRM. On FIRMs without a depth number for the AO Zone, structures shall be elevated or floodproofed to at least two feet above the highest adjacent grade. c. 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 flood hazards. d. 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 following standards are met: 1. The structure has a value less than $1000. 2. The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated. 3. The structure is not used for storage of hazardous materials. 4. The structure is used solely for parking of vehicles and/or limited storage.
5. The accessory structure must be wet floodproofed and designed to allow for the automatic entry and exit of flood water. 6. The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement. 7. Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation. 8. The structure must not increase the flood levels in the floodway. e. Existing contour intervals of site and elevations of existing structures must be included on plan proposal. f. The space below the lowest floor: 1. Free of obstructions as described in FEMA Technical Bulletin 5 Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Area in Accordance with the National Flood Insurance Program 2. Constructed with open wood lattice-work, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting piles or columns; or, 3. Designed with an enclosed area less than 300 square feet that is constructed with non-supporting breakaway walls that have a design safe loading resistance of not less than 10 or more than 20 pounds per square foot. (3) Base Flood Elevation (BFE) and Floodway Data a. Floodway Data. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. b. Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than fifty (50) lots or 5 acres, whichever is the lesser, within unnumbered A zones. c. Base Flood Elevations in A Zones. In the absence of FEMA BFE data and floodway data, the best available Federal, State, local, or other BFE or floodway data shall be used as the basis for elevating residential and nonresidential structures to or above the base flood level and for floodproofing non-residential structures to or above the base flood level. (e) Definitions. Unless otherwise specified, the definitions provided for below shall only 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 of the principal structure. Area of Shallow Flooding. A designated AO, AH, AR/AO, AR/AH, or VO zone on a communitys Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard. See definition for Special Flood Hazard Area. Base Flood. The flood having a one (1) percent chance of being equaled or exceeded 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 a Flood 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 or 100-year flood. The height, as established in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified), in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas. Basement. Any area of the building having its floor subgrade (below ground level) 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 shall include, but not be limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractors overhead; contractors profit; and grand total. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, costs to correct code violations subsequent 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 other structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Existing Manufactured Home Park or Manufactured Home Subdivision. A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. Expansion to an Existing Manufactured Home Park or Existing Manufactured Home Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA). The federal agency that administers the National Flood Insurance Program (NFIP). Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source. Flood Insurance Rate Map (FIRM). The official map of a community on which the Federal Insurance Administrator has delineated both the special flood hazard areas (and the risk premium zones applicable to a community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Flood Insurance Study (FIS). The official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations, 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 to real estate or improved real property, water and sanitary facilities, structures and their contents. Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Functionally Dependent Use or Facility. A use or facility that cannot perform its 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 the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities. Highest Adjacent Grade (HAG). The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic Structure. Any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the 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 as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities 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 (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a buildings lowest floor; Provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements 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 a permanent 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 or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale. Market Value. Market value is the price of a structure that a willing buyer and seller agree upon. This can be determined by an independent appraisal by a professional appraiser; the propertys tax assessment, minus land value; the replacement cost minus depreciation of the structure; the structures Actual Cash Value. New Construction. Structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. New Manufactured Home Park or Manufactured Home Subdivision. A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain regulations adopted by the community.
Recreational Vehicle. A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory Floodway. See definition for Floodway. Sheet Flow Area. See definition for Area of Shallow Flooding. Special Flood Hazard Area (SFHA). The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. . After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30 ,AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE or V. For purposes of these regulations, the term special flood hazard area is synonymous in meaning with the phrase area of special flood hazard. Start of Construction. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within one hundred and eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does in include excavation for a basement, footings, piers, or foundations or the erections of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Substantial Damage. Damage of any origin sustained by a structure, whereby the cost of restoring the structure to before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement. Any reconstruction, rehabilitation, addition or other improvements to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, 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 code
enforcement official and which are the minimum necessary to assure safe living conditions or 2. Any alteration of the historic structure, provided that the alteration will not preclude the structures continued designation as a historic structure Variance. A grant of relief by a community from the terms of the floodplain management Section of the Ordinance that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship. Violation. Failure of a structure or other development to be fully compliant with this Section of the Ordinance. Construction or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
Section 3: This Section of the Ordinance shall take effect upon its passage
and all other ordinances or parts of ordinances inconsistent herewith are hereby repealed. First reading read and passed in the Town Council meeting legally assembled the __ day of October, 2013. Second reading read and passed in the Town Council meeting legally assembled the ___ day of October, 2013. ATTEST:
____________________________ Anne M. Irons, Town Clerk
MEMORANDUM DATE: August 15, 2013 TO: FM: RE: James M. Callaghan, President, Honorable Town Council Terence Fleming, Chairman - Narragansett Planning Board 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 Hazard Overlay 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 CRMC for anything not requiring a local building permit. 2. Prohibition on changes in use from business to residential for any structure located in a floodway. 3. Specific regulations for use of space below the lowest floor. 4. Definitions: a. Coastal A-Zone b. Development c. Freeboard d. Limit of Moderate Wave Action e. Lowest Floor f. Special Flood Hazard Area g. Structure (particularly for insurance purposes) h. Substantial Improvement
CONSISTENCY WITH THE COMPREHENSIVE PLAN The Planning Board considered the following elements to determine the proposals consistency with the Comprehensive Plan. (1) Whether the revision of certain passages of Section 4.7 of the Zoning Ordinance is appropriate to the areas prone to flooding; (2) Whether Town infrastructure will be affected by the text revisions; (3) Whether the revised text will be consistent with proposed plans in flood prone areas; (4) Whether the proposed amendment will promote the development of the Town as contemplated in the Comprehensive Plan Addressing these standards individually, the Planning Board finds: Appropriateness: The revisions proposed by the FEMA staff to the Town regulations will result in new policies for implementation. Projects requiring no building permit will be required to have RIDEM or CRMC approval before being authorized to proceed. The Building Official will have to adjust his review policies to implement the new definitions of freeboard , lowest floor, structure and substantial improvement. These are considered appropriate actions to assure compliance with the updated FEMA regulations. Infrastructure: The Board finds impacts on traditional infrastructure such as water and sewer lines will be minimal. Non-traditional infrastructure such as wetland complexes, marshes, rivers and streams will be positively affected due to the more stringent regulation of alterations not requiring a building permit. Consistency with Proposed Plans: The Board finds revision of text regulating Narragansetts Flood Hazard Overlay district will have little effect on the development or implementation of proposed plans. In the larger sense the new regulatory provisions will be accommodated in the pending Comprehensive Plan. In the site-specific sense the new regulatory provisions may affect development design by requiring buildings to be constructed higher out of the ground, thus reducing the potential height of the structure. It may also affect certain sites with pending or anticipated subdivisions by forcing greater mitigation measures to be implemented where site alterations in the floodway will become regulated. Specific building design may also have to be altered to provide added freeboard in areas previously outside the floodway. Comprehensive Plan: In general, the Board finds these proposed text revisions will work positively to effect the implementation of the comprehensive plan. The Comprehensive plan includes several goals and objectives targeted to management and mitigation of flood waters and runoff. Specifically: Strategy #1 under the heading of Land use and Buildout directs the Town to Continue to protect and enhance the Towns natural resources Strategy #2 under the heading of Land use and Buildout directs the Town to Continue to protect resources through overlay districts and other regulatory tools.
3 In summary, the Planning Board has reviewed the proposed revision of Section 2.2 and 4.7 to update the Special Flood Hazard Area Overlay District and find the new definitions and regulatory provisions to be an appropriate adjustment of the regulatory framework in furtherance of the current intent of the Narragansett Comprehensive Plan.
CONSISTENCY WITH PURPOSES OF ZONING The principal purposes of zoning that relate to this petition involve the following: Promoting the public health, safety and general welfare. Providing for orderly growth and development recognizing: o the natural characteristics of the land, including its suitability for use based on soil characteristics, topography and susceptibility to surface water or groundwater pollution. o The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands. Providing for efficient review of development proposals, to clarify and expedite the zoning approval process. Promoting implementation of the comprehensive plan.
CONCLUSION / RECOMMENDATION For the reasons cited above, the Planning Board finds this proposal has merit to provide a valuable revision to the Towns zoning regulatory program. Upon motion by Mr. Glazer, seconded by Mr. Indeglia the Planning Board VOTED to RECOMMEND APPROVAL of the the attached updates to the Special Flood Hazard Zone Overlay District regulations.
October 7, 2013 OUTLINE OF CHANGES TO FLOOD REGULATIONS DRAFT 3

Section 1: No changes from original draft Section 2: Amends text of Section 4.7 Special Flood Hazard Area Overlay District 4.7 (b) 1 Revises designation of responsible official for floodplain management to be the Town Managers designee. Reason: Want to keep the option open to appoint the most appropriate staff member without a need for revising the ordinance. 4.7 (b) 2 Requires permitting for non-structural activities through RIDEM or CRMC. Staff questioned the definition of input as noted in draft text, but was explained that this language complied with CFR 60.3. No change. 4.7 (b) 2 h & I Add provisions for enforcement and penalties. Replace regulatory references from State-only to State and local building codes. Reason: Consistency with other construction regulatory codes. 4.7 (c) - Corrects name of FEMA department to notify of watercourse alterations. No change 4.7 (d) 1 Corrects two typos and inserts reference to two state regulations addressing water quality and endangered species. Reason: It was explained by RIEMA staff that these regulatory requirements are already in place and were implemented post-Sandy. This FEMA directive merely codifies their ongoing policy. 4.7 (d) 2c Deletes all language relevant Flood Zones along floodways. Reason: There are no floodways in Narragansett. 4.7 (d) 2 e Amends three standards for exemption from flood-proofing requirements. Deleted item #3 from this list. Reason: There are no floodways in Narragansett. 4.7 (d) 2 g Restricts change of use from commercial to residential for properties located in the floodway. Deleted. Reason: There are no floodways in Narragansett. 4.7 (d) 2 h Inserts regulations for use of space below the lowest floor. No change.
4.7 (e) - Adds definitions for Coastal A Zone, Freeboard, Limit of Moderate Wave Action and Lowest Floor. No change. 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. Delete definition of Floodway. Reason: There are no floodways in Narragansett. Delete explanatory text in subsection 1,2 &3 under definition of Structure. Reason: This text describing specific terminology for manufactured homes and trailers is addressed by FEMA in the NFIP standards. There is no need for it to be duplicated here.
60.3
been issued for the community at the time of application. Thereafter, the community will be given a period of six months from the date the Administrator provides the data set forth in 60.3(b), (c), (d), (e) or (f), in which to meet the requirements of the applicable paragraph. If a community has received a FHBM, but has not yet applied for Program eligibility, the community shall apply for eligibility directly under the standards set forth in 60.3(b). Thereafter, the community will be given a period of six months from the date the Administrator provides the data set forth in 60.3(c), (d), (e) or (f) in which to meet the requirements of the applicable paragraph. (b) A mudslide (i.e., mudflow)-prone community applying for flood insurance eligibility shall meet the standards of 60.4(a) to become eligible. Thereafter, the community will be given a period of six months from the date the mudslide (i.e., mudflow) areas having special mudslide hazards are delineated in which to meet the requirements of 60.4(b). (c) A flood-related erosion-prone community applying for flood insurance eligibility shall meet the standards of 60.5(a) to become eligible. Thereafter, the community will be given a period of six months from the date the flood-related erosion areas having special erosion hazards are delineated in which to meet the requirements of 60.5(b). (d) Communities identified in part 65 of this subchapter as containing more than one type of hazard (e.g., any combination of special flood, mudslide (i.e., mudflow), and flood-related erosion hazard areas) shall adopt flood plain management regulations for each type of hazard consistent with the requirements of 60.3, 60.4 and 60.5. (e) Local flood plain management regulations may be submitted to the State Coordinating Agency designated pursuant to 60.25 for its advice and concurrence. The submission to the State shall clearly describe proposed enforcement procedures. (f) The community official responsible for submitting annual or biennial reports to the Administrator pursuant to 59.22(b)(2) of this subchapter shall also submit copies of each annual or bi-
44 CFR Ch. I (10102 Edition)

ennial report to any State Coordinating Agency. (g) A community shall assure that its comprehensive plan is consistent with the flood plain management objectives of this part. (h) The community shall adopt and enforce flood plain management regulations based on data provided by the Administrator. Without prior approval of the Administrator, the community shall not adopt and enforce flood plain management regulations based upon modified data reflecting natural or man-made physical changes.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979, as amended at 48 FR 29318, June 24, 1983; 48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 50 FR 36024, Sept. 4, 1985; 59 FR 53598, Oct. 25, 1994; 62 FR 55716, Oct. 27, 1997]
60.3 Flood plain management criteria for flood-prone areas. The Administrator will provide the data upon which flood plain management regulations shall be based. If the Administrator has not provided sufficient data to furnish a basis for these regulations in a particular community, the community shall obtain, review and reasonably utilize data available from other Federal, State or other sources pending receipt of data from the Administrator. However, when special flood hazard area designations and water surface elevations have been furnished by the Administrator, they shall apply. The symbols defining such special flood hazard designations are set forth in 64.3 of this subchapter. In all cases the minimum requirements governing the adequacy of the flood plain management regulations for flood-prone areas adopted by a particular community depend on the amount of technical data formally provided to the community by the Administrator. Minimum standards for communities are as follows: (a) When the Administrator has not defined the special flood hazard areas within a community, has not provided water surface elevation data, and has not provided sufficient data to identify the floodway or coastal high hazard area, but the community has indicated
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the presence of such hazards by submitting an application to participate in the Program, the community shall: (1) Require permits for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas; (2) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; (3) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall (i) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (ii) be constructed with materials resistant to flood damage, (iii) be constructed by methods and practices that minimize flood damages, and (iv) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (4) Review subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that (i) all such proposals are consistent with the need to minimize flood damage within the flood-prone area, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (iii) adequate drainage is provided to reduce exposure to flood hazards;
60.3
(5) Require within flood-prone areas new and replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters into the systems; and (6) Require within flood-prone areas (i) new and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and (ii) onsite waste disposal systems to be located to avoid impairment to them or contamination from them during flooding. (b) When the Administrator has designated areas of special flood hazards (A zones) by the publication of a communitys FHBM or FIRM, but has neither produced water surface elevation data nor identified a floodway or coastal high hazard area, the community shall: (1) Require permits for all proposed construction and other developments including the placement of manufactured homes, within Zone A on the communitys FHBM or FIRM; (2) Require the application of the standards in paragraphs (a) (2), (3), (4), (5) and (6) of this section to development within Zone A on the communitys FHBM or FIRM; (3) Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation data; (4) Obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, including data developed pursuant to paragraph (b)(3) of this section, as criteria for requiring that new construction, substantial improvements, or other development in Zone A on the communitys FHBM or FIRM meet the standards in paragraphs (c)(2), (c)(3), (c)(5), (c)(6), (c)(12), (c)(14), (d)(2) and (d)(3) of this section; (5) Where base flood elevation data are utilized, within Zone A on the communitys FHBM or FIRM: (i) Obtain the elevation (in relation to mean sea level) of the lowest floor
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60.3
(including basement) of all new and substantially improved structures, and (ii) Obtain, if the structure has been floodproofed in accordance with paragraph (c)(3)(ii) of this section, the elevation (in relation to mean sea level) to which the structure was floodproofed, and (iii) Maintain a record of all such information with the official designated by the community under 59.22 (a)(9)(iii); (6) Notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Administrator; (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained; (8) Require that all manufactured homes to be placed within Zone A on a communitys FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (c) When the Administrator has provided a notice of final flood elevations for one or more special flood hazard areas on the communitys FIRM and, if appropriate, has designated other special flood hazard areas without base flood elevations on the communitys FIRM, but has not identified a regulatory floodway or coastal high hazard area, the community shall: (1) Require the standards of paragraph (b) of this section within all A1 30 zones, AE zones, A zones, AH zones, and AO zones, on the communitys FIRM; (2) Require that all new construction and substantial improvements of residential structures within Zones A130, AE and AH zones on the communitys FIRM have the lowest floor (including basement) elevated to or above the base flood level, unless the community

is granted an exception by the Administrator for the allowance of basements in accordance with 60.6 (b) or (c); (3) Require that all new construction and substantial improvements of nonresidential structures within Zones A1 30, AE and AH zones on the communitys firm (i) have the lowest floor (including basement) elevated to or above the base flood level or, (ii) together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (4) Provide that where a non-residential structure is intended to be made watertight below the base flood level, (i) a registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of paragraph (c)(3)(ii) or (c)(8)(ii) of this section, and (ii) a record of such certificates which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained with the official designated by the community under 59.22(a)(9)(iii); (5) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings
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may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (6) Require that manufactured homes that are placed or substantially improved within Zones A130, AH, and AE on the communitys FIRM on sites (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movement. (7) Require within any AO zone on the communitys FIRM that all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the communitys FIRM (at least two feet if no depth number is specified); (8) Require within any AO zone on the communitys FIRM that all new construction and substantial improvements of nonresidential structures (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the communitys FIRM (at least two feet if no depth number is specified), or (ii) together with attendant utility and sanitary facilities be completely floodproofed to that level to meet the floodproofing standard specified in 60.3(c)(3)(ii); (9) Require within any A99 zones on a communitys FIRM the standards of paragraphs (a)(1) through (a)(4)(i) and (b)(5) through (b)(9) of this section; (10) Require until a regulatory floodway is designated, that no new construction, substantial improve-
60.3
ments, or other development (including fill) shall be permitted within Zones A130 and AE on the communitys FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (11) Require within Zones AH and AO, adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. (12) Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A130, AH, and AE on the communitys FIRM that are not subject to the provisions of paragraph (c)(6) of this section be elevated so that either (i) The lowest floor of the manufactured home is at or above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement. (13) Notwithstanding any other provisions of 60.3, a community may approve certain development in Zones Al 30, AE, and AH, on the communitys FIRM which increase the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision, fulfills the requirements for such a revision as established under the provisions of 65.12, and receives the approval of the Administrator. (14) Require that recreational vehicles placed on sites within Zones A130, AH, and AE on the communitys FIRM either (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use, or (iii) Meet the permit requirements of paragraph (b)(1) of this section and the
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60.3
elevation and anchoring requirements for manufactured homes in paragraph (c)(6) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (d) When the Administrator has provided a notice of final base flood elevations within Zones A130 and/or AE on the communitys FIRM and, if appropriate, has designated AO zones, AH zones, A99 zones, and A zones on the communitys FIRM, and has provided data from which the community shall designate its regulatory floodway, the community shall: (1) Meet the requirements of paragraphs (c) (1) through (14) of this section; (2) Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood more than one foot at any point; (3) Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge; (4) Notwithstanding any other provisions of 60.3, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established under the provisions of 65.12, and receives the approval of the Administrator. (e) When the Administrator has provided a notice of final base flood elevations within Zones A130 and/or AE on the communitys FIRM and, if ap-

propriate, has designated AH zones, AO zones, A99 zones, and A zones on the communitys FIRM, and has identified on the communitys FIRM coastal high hazard areas by designating Zones V1 30, VE, and/or V, the community shall: (1) Meet the requirements of paragraphs (c)(1) through (14) of this section; (2) Within Zones V130, VE, and V on a communitys FIRM, (i ) obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement, and (ii) maintain a record of all such information with the official designated by the community under 59.22(a)(9)(iii); (3) Provide that all new construction within Zones V130, VE, and V on the communitys FIRM is located landward of the reach of mean high tide; (4) Provide that all new construction and substantial improvements in Zones V130 and VE, and also Zone V if base flood elevation data is available, on the communitys FIRM, are elevated on pilings and columns so that (i) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; and (ii) the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of paragraphs (e)(4) (i) and (ii) of this section. (5) Provide that all new construction and substantial improvements within Zones V130, VE, and V on the communitys FIRM have the space below the
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lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood latticework, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (i) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and, (ii) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. (6) Prohibit the use of fill for structural support of buildings within Zones V130, VE, and V on the communitys FIRM; (7) Prohibit man-made alteration of sand dunes and mangrove stands within Zones V130, VE, and V on the communitys FIRM which would increase potential flood damage. (8) Require that manufactured homes placed or substantially improved within Zones V130, V, and VE on the communitys FIRM on sites (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision,
60.3
(iii) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, meet the standards of paragraphs (e)(2) through (7) of this section and that manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones VI30, V, and VE on the communitys FIRM meet the requirements of paragraph (c)(12) of this section. (9) Require that recreational vehicles placed on sites within Zones V130, V, and VE on the communitys FIRM either (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use, or (iii) Meet the requirements in paragraphs (b)(1) and (e) (2) through (7) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (f) When the Administrator has provided a notice of final base flood elevations within Zones A130 or AE on the communitys FIRM, and, if appropriate, has designated AH zones, AO zones, A99 zones, and A zones on the communitys FIRM, and has identified flood protection restoration areas by designating Zones AR, AR/A130, AR/ AE, AR/AH, AR/AO, or AR/A, the community shall: (1) Meet the requirements of paragraphs (c)(1) through (14) and (d)(1) through (4) of this section. (2) Adopt the official map or legal description of those areas within Zones AR, AR/A130, AR/AE, AR/AH, AR/A, or AR/AO that are designated developed areas as defined in 59.1 in accordance with the eligibility procedures under 65.14. (3) For all new construction of structures in areas within Zone AR that are designated as developed areas and in other areas within Zone AR where the AR flood depth is 5 feet or less:
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60.4
(i) Determine the lower of either the AR base flood elevation or the elevation that is 3 feet above highest adjacent grade; and (ii) Using this elevation, require the standards of paragraphs (c)(1) through (14) of this section. (4) For all new construction of structures in those areas within Zone AR that are not designated as developed areas where the AR flood depth is greater than 5 feet: (i) Determine the AR base flood elevation; and (ii) Using that elevation require the standards of paragraphs (c)(1) through (14) of this section. (5) For all new construction of structures in areas within Zone AR/A130, AR/AE, AR/AH, AR/AO, and AR/A: (i) Determine the applicable elevation for Zone AR from paragraphs (a)(3) and (4) of this section; (ii) Determine the base flood elevation or flood depth for the underlying A130, AE, AH, AO and A Zone; and (iii) Using the higher elevation from paragraphs (a)(5)(i) and (ii) of this section require the standards of paragraphs (c)(1) through (14) of this section. (6) For all substantial improvements to existing construction within Zones AR/A130, AR/AE, AR/AH, AR/AO, and AR/A: (i) Determine the A130 or AE, AH, AO, or A Zone base flood elevation; and (ii) Using this elevation apply the requirements of paragraphs (c)(1) through (14) of this section. (7) Notify the permit applicant that the area has been designated as an AR, AR/A130, AR/AE, AR/AH, AR/AO, or AR/A Zone and whether the structure will be elevated or protected to or above the AR base flood elevation.
[41 FR 46975, Oct. 26, 1976] EDITORIAL NOTE: For FEDERAL REGISTER citations affecting 60.3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

ment regulations shall be based. If the Administrator has not provided sufficient data to furnish a basis for these regulations in a particular community, the community shall obtain, review, and reasonably utilize data available from other Federal, State or other sources pending receipt of data from the Administrator. However, when special mudslide (i.e., mudflow) hazard area designations have been furnished by the Administrator, they shall apply. The symbols defining such special mudslide (i.e., mudflow) hazard designations are set forth in 64.3 of this subchapter. In all cases, the minimum requirements for mudslide (i.e., mudflow)-prone areas adopted by a particular community depend on the amount of technical data provided to the community by the Administrator. Minimum standards for communities are as follows: (a) When the Administrator has not yet identified any area within the community as an area having special mudslide (i.e., mudflow) hazards, but the community has indicated the presence of such hazards by submitting an application to participate in the Program, the community shall (1) Require permits for all proposed construction or other development in the community so that it may determine whether development is proposed within mudslide (i.e., mudflow)-prone areas; (2) Require review of each permit application to determine whether the proposed site and improvements will be reasonably safe from mudslides (i.e., mudflows). Factors to be considered in making such a determination should include but not be limited to (i) the type and quality of soils, (ii) any evidence of ground water or surface water problems, (iii) the depth and quality of any fill, (iv) the overall slope of the site, and (v) the weight that any proposed structure will impose on the slope; (3) Require, if a proposed site and improvements are in a location that may have mudslide (i.e., mudflow) hazards, that (i) a site investigation and further review be made by persons qualified in geology and soils engineering, (ii) the proposed grading, excavations, new
60.4 Flood plain management criteria for mudslide (i.e., mudflow)-prone areas. The Administrator will provide the data upon which flood plain manage-
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CC: 01 Amend No. ______

_____________________________________________________________________ TO: FROM: SUBJECT: Richard Kerbel, Interim Town Manager Steve Wright, Interim Parks and Recreation Director Project Sweet Peas Polar Plunge
RECOMMENDATION: That the Town Council approve the request from Project Sweet Peas for the 4th Annual Polar Plunge to be held on Saturday March 1, 2014 from 12:00 pm to 3:00 pm at the Town Beach, subject to approval of state and local regulations. SUMMARY: Project Sweet Peas is a 501(c)3 national nonprofit organization (FEIN # 27-3679594) run by volunteers across the country, who through personal experience have become passionate about providing comfort to families with children in the intensive care units and to those who have experienced pregnancy and infant loss. The programs support the wellness of families by providing care packages and other services that offer comfort while furthering the bond between parent and child, and treasured keepsakes to families who have experienced a loss. Gabriel's Gift, is the local Southern New England division of Project Sweet Peas. Locally they will provide care packages directly to families by request, and to the following local hospitals: Women & Infants (Providence, RI), Mass General Hospital (Boston, MA), and Lawrence & Memorial (New London, CT). They are requesting to host the 4th annual Polar Plunge on Narragansett Town Beach on March 1, 2014. Approximately 80- 100 Plunge participants are expected, with another 50-100 spectators in attendance. ATTACHMENTS: 1. Facility Request Form 2. Request Letter
_______________________________________________________________________________________________________
RES. # LIC. #
REV. 02/2010
ProjectSweetPeas CorinNava,CoFounder
www.projectsweetpeas.com
September 21, 2013
86HanoverAve Pawtucket,RI02861 (401)2120210 Corin@projectsweetpeas.com
Dear Narragansett Town Council, On March 1, 2014 we are hosting our 4th annual Polar Plunge fundraising event. We would like to once again host our Polar Plunge on Narragansett Town Beach. We are expecting approximately 80100 Plunge participants, with another 50-100 spectators in attendance. We would need to set up 2 tents on the beach or in the parking lot, with tables, for event registration. We would plan to set up the tents around 12pm, open registration at 1pm, and host the plunge around 2pm. After the plunge we would take down the tents, clean up, and be off the beach at approx 3pm. Project Sweet Peas is a 501(c)3 national nonprofit organization (FEIN # 27-3679594). Our organization is run by volunteers across the country, who through personal experience have become passionate about providing comfort to families with children in the intensive care units and to those who have experienced pregnancy and infant loss. Our programs support the wellness of families by providing care packages and other services that offer comfort while furthering the bond between parent and child, and treasured keepsakes to families who have experienced a loss. Gabriel's Gift, is our local Southern New England division of Project Sweet Peas. Locally we provide care packages directly to families by request, and to the following local hospitals: Women & Infants (Providence, RI), Mass General Hospital (Boston, MA), and Lawrence & Memorial (New London, CT). I can be contacted with any further questions at: Phone: 401-212-0210 Email: Corin@projectsweetpeas.com Thank You for your time and consideration.
Sincerely,
Corin Nava
CoFounder&Treasurer
CC: 02 Amend No. ______

_____________________________________________________________________ TO: FROM: SUBJECT: Richard Kerbel, Interim Town Manager Steve Wright, Parks and Recreation Director 15th Annual Katie DeCubellis Memorial Foundation Road Race
RECOMMENDATION: That the Town Council approves the request from John E. DeCubellis, Jr. to conduct the 15th Annual Katie DeCubellis Memorial Foundation 5K Road Race scheduled for Sunday June 8, 2014 subject to approval of state and local regulations. SUMMARY: This is the 15th Annual Katie DeCubellis Memorial Foundation 5K road race and walk, scheduled for Sunday, June 8, 2014 from 7 AM to 12:30 PM. The race starts and finishes at Narragansett High School, and is a simple out and back course on South Pier Road, Lambert Street, Narragansett Avenue, Kingstown Road, Boone Street and back onto South Pier Road. Narragansett Police have been contacted for traffic control.
ATTACHMENTS: 1. Application for Special Use 2. Map 3. Request Letter
_______________________________________________________________________________________________________
RES. # LIC. #
REV. 02/2010
CC: ___03_______ Amend No. _____

_____________________________________________________________________ TO: FROM: SUBJECT: Richard Kerbel, Acting Town Manager Anne M. Irons, CMC - Town Clerk Request to Transport a Modular Home through Narragansett 18 South Trail Road, Plat A, Lot 50
RECOMMENDATION: That the Town Council grant permission to Jesse Pugh and Dreamline Modular Homes. to move a modular home over the streets of Narragansett to 18 South Trail, Plat A, Lot 50 during the period of the months of October through November 2013, subject to local and state regulations. SUMMARY:
Dreamline Modular Homes, contractor for Jesse Pugh is seeking permission to have a modular home transported and delivered to South Trail, in Narragansett, Plat A, Lot 50.
ATTACHMENTS: 1. Letter from Dreamline Modular Home & Map 2. Building Application Permit
_______________________________________________________________________________________________________
RES. # LIC. #
REV. 02/2010
403 Waltham Street Lexington, MA 02421 Phone 781781-862862-8453 | Fax 781781-862862-8454 www.dreamlinemodular.com
July 3, 2013 Town Clerks Office 25 Fifth Avenue Narragansett, RI 02882
RE: July 15 Agenda- Permission to transport modular home request To Whom It May Concern: We are going to be constructing a new, single family modular home on South Trail @ Plat A, Lot 50 (no address assigned yet). In order to do so, we request permission to transport the two modules that will make up the home over town roads on or about August 1, 2013 to October 15, 2013. Attached, please find the requested transport route. If you have any questions, please dont hesitate to contact our office. Company: Dreamline Modular Homes Lot info: Plat A, Lot 50 South Trail (off of Wood Avenue) On or about August 1, 2013 to October 15, 2013. Kind Regards,
Doug Carlson Managing Partner
Enclosed: (1) Route Map & Assessors Map Sent via email: AIrons@NarragansettRI.gov
CC: ___04_________ Amend No. ______

____________________________________________________________________
TO: FROM: SUBJECT: Richard Kerbel, Acting Town Manager Donald Goodrich, Finance Director Tangible Abatements
RECOMMENDATION: That the Town Council approves the list of Tangible abatements in the amount of $548.69. SUMMARY: These Tangible abatement concerns: (1) A business was taxed for the 2013 period; however this business closed and moved out of Narragansett prior to the December 2012 assessment period. (2) An assessment of leased equipment was reported incorrectly by the business owner; the correct leasing company was taxed for the 2013 period and an adjustment to this business was made; therefore generating an abatement of tax.
The abatement process involves corrections of errors that are found as a matter of our daily tasks. They may be found by our office, or the property owner may have a property characteristic corrected upon an inspection. Many homes are not inspected during the reval process, and when an absent landlord finds an incorrect property characteristic, they schedule a complete inspection.
ATTACHMENT:
Copy of spreadsheet for tangible abatements.
_______________________________________________________________________________________________________
RES. # LIC. #
REV. 02/2010
TAX YR 2013 2013
OLD VALUE $1,700.00 $162,200.00
NEW VALUE $0.00 $126,500.00
DIFFERENCE $1,700.00 $35,700.00
RATE $ 14.68 $ 14.68
ABATE AMT ACCT # $ 24.61 T-02-2977-55 $ 524.08 T-06-1652-82
MAP/LOT TANGIBLE TANGIBLE
NAME BRICO INC FOX SEAFOOD
REASON BUSINESS CLOSED IN 2012 EQUIP SHOULD BE TAXED UNDER LEASING CO
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL ABATE
$ $ $ $ $ $ $ $ $
548.69
CC: ___05_________ Amend No. ______

_____________________________________________________________________ TO: FROM: PREPARED BY: SUBJECT: Rich Kerbel, Interim Town Manager Karen Saucier, Director Information Resources Susan W. Gallagher, Purchasing Agent File Server Replacement for Opal Database Applications
RECOMMENDATION: That the Town Council approves the 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. SUMMARY: This server will ensure high reliability and consistent availability of all Opal database applications for the Town of Narragansett. The replacement server has a useful life expectancy and warranty of five (5) years. Bids were solicited and awarded by the State of Rhode Island, Office of Purchasing. The Town will be purchasing under the State Master Price Agreement (MPA) #345. Funding is available in the Major Maintenance Account, 19-210-7071, Computer Equipment. ATTACHMENTS: 1. Quotation from Dell Marketing, dated 9/4/2013.
_______________________________________________________________________________________________________
RES. # LIC. #
REV. 02/2010
CC: ___06_________ Amend No. ______

_____________________________________________________________________ TO: FROM: SUBJECT: Richard Kerbel, Interim Town Manager David E. Ousterhout Petition requesting approval to place one new joint stub pole (P.2S) and anchor guy location on Sabbatia Trail
RECOMMENDATION: That the Town Council approves a petition from Verizon Communications and the Narragansett Electric Company to place one new joint stub pole (P.2S) and anchor guy location on Sabbatia Trail.
SUMMARY: Verizon Communications and Narragansett Electric Company are requesting approval to place one new joint stub pole (P.2S) and anchor guy location on Sabbatia Trail as shown on the attached plan. The new stub pole and anchor guy is required for guying purposes.
ATTACHMENTS: 1. Petition and plan from Verizon Communications and Narragansett Electric Company.
_______________________________________________________________________________________________________
RES. # LIC. #
REV. 02/2010
V
September 4,2013
veruru!!
85 High Street Pawtucket, Rl 02860
Mr. David Ousterhout Public Works Coordinator Town ofNarragansett

260 Westmoreland Street Narragansett, R[ 02882
Dear Mr. Ousterhout,
Attached is a petition for Verizon Communications and the Narragansett Electric Company to place one new joint stub pole (P.2S) and anchor guy location on Sabbatia Trail as shown on attached plan in the Town of Narragansett, Rhode Island.
The new pole and anchor guy is required for guying purposes.
Would you kindly consider this petition and return the executed copies.
!t%t'M
Mary C. Manager - Right of Way 401-727-9555
Yours truly,
Hanley \--)
PETITION OF VERIZON NEW ENGLAI\D INC

and THE NARRAGANSETT ELECTRIC COMPANY for joint or identical pole locations,
Tothe
TOWN COUNCIL NARRAGANSETT

ANd
Rhode Island Rhode Island
of
VERIZON NEW ENGLAND INC
THE NARRAGANSETT ELECTRIC COMPAI{Y
respectfully request permission to locate and maintain poles, wires and fixtures, including the necessary suJtaining and protecting fixtures, to be owned and used in common by your petitioners along and across the following public ways: -
SABBATIA TRAIL
TO PLACE ONE NEW JOINT STUB POLE (P. 25) AND ANCHOR
GIIY LOCATION AS SHOWN ON THE ATTACHED PLAN.
- THE NEW STUB POLE AND ANCHOR Gtry IS REQUIRED FOR GTryING PT]RPOSES
NECESSITY
(wo# 6AA3eK)
Wherefore your petitioners pray that they be granted joint or identical locations for existing poles and permission to erect and maintain poles and wires together with such sustaining and protecting fixtures as ihey may find necessary, said poles erected or to be erected substantially in accordance with the plan filed
herewith markedNE#34-13
Date: September 4,2013
Your petitioners agree to reserve or provide space for one crossa[n at a suitable point on each ofsaid poles for the fire and police telephone and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes.
VERIZON NEW ENGLAND INC BY M

BY NSETT ELEC COMPA].tY
AGERR
ORDER
The foregoing petition having been read, it was voted that the consent of the for the use of the public ways named, for the purposes stated in said petition be, and it hereby granted - work to be done subject to the supervision of
A true copy ofa vote ofthe

Adopted and Recorded in Records Book No.
Page
No.
CLERK
PETITIONPLAN
No. SEPM
NE#34-13
Municipality NARRAGANSETT.
verizonNew England Inc.
and
THE NARRAGANSETT ELECTRIC COMPANY

STUIB POLE P,2S) AND ANCHOR
Showing To PLACE ONE NEW JOINT
GUY LOCATION
'l C/'1003=PL. 3-35' POLE 2C11148=PL. NEW 6.6M STRAND P.2-P.2S 1C/l005=PL. 10M PAG, PL I"TTA L=8' 1XJ20O7=P.2 RMV OLD PAG WRAPPED AROUNO POLE
OLDPOLEWAS,
REMOVED PRIOR TO FIELD VISIT. STAKES PLACED BY NGRID PRIOR TO VISIT. OLD 1OM STRAND WRAPPED AROUND P.2
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NEW P.2S
) fE GO
F
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;:
z
EXISTING VERITON
5t o. 6t Ll
: I
<-28"
o d
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SABBATIA TR
Preoared
by
DISTANCES SHOWN ARE
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CC: __07_______ Amend No. ______

Date Prepared: September 24, 2013, Council Meeting Date: September 3, 2013
_____________________________________________________________________ TO: FROM: SUBJECT: Honorable Town Council Anne M. Irons, CMC Town Clerk Class F Liquor License Application - Request for Alcohol Consumption on the Beach - Summer Ends Festival North Beach Clubhouse October 6, 2013
RECOMMENDATION: That the Town Council approve, ratify and confirm a request from the Narragansett Chamber of Commerce to approve a Class F Alcoholic Beverage License 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 from September 22, 2013 to October 6, 2013, subject to state and local regulations and receipt of insurance and/or signed indemnity agreement. SUMMARY: At the September 3, 2013 council meeting the request for a Class F Liquor License was approved for the 2013 Summers End Festival at the North Beach Club House on September 22, 2013. Due to the weather conditions on September 22nd the Chamber of Commerce postponed the event until Sunday October 6, 2013.
ATTACHMENT: 1. 2. Council Communication 09-03-213 Meeting License 9-22-13
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REV. 02/2010
CC: ____08________ Amend No. ______

_____________________________________________________________________ TO: FROM: PREPARED BY: SUBJECT: Richard Kerbel, Interim Town Manager Steve Wright, Parks and Recreation Director Susan W. Gallagher, Purchasing Agent Festival of Lights Holiday Fireworks Display
RECOMMENDATION: That the Town Council award the contract for the Festival of Lights Holiday Fireworks Display to Atlas Pyrovision Productions, Inc., in the amount of $3,500.00 and to authorize the Town Manager to sign the contract after review by the Town Solicitor. SUMMARY: The Request for Quotation (RFQ) was solicited for a holiday fireworks display for the Festival of Lights on December 8, 2013. RFQs were solicited and posted on the Town of Narragansett and State Purchasing Division websites. Five vendors were solicited and two responded. The attached spreadsheet lists the results from the solicitation. Atlas Pyrovision has consistently provided this service for many years and included a lower number but larger size shell, which occur higher in the sky and are more visible for spectator viewing for the fifteen minute holiday show. Funding is available in the Parks & Recreation Programs Operating Account, 01-8300355, Festivals. ATTACHMENTS: 1. September 20, 2013 solicitation spreadsheet for RFQ.
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REV. 02/2010
CC: ____09______ Amend No. ______

_____________________________________________________________________ TO: FROM: SUBJECT: Honorable Town Council Town Council President James Callaghan 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.
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 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. SUMMARY: 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 the 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 ATTACHMENTS: 1. Ordinance
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TOWN OF NARRAGANSETT CHAPTER _______
AN ORDINANCE IN AMENDMENT OF CHAPTER 46, ARTICLE I OF THE CODE OF ORDINANCES 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 products prohibited during youth events held at town athletic and recreational facilities, and at other designated public places is hereby amended to read as follows: (b) Smoking. Smoking and other uses of tobacco products are hereby prohibited at any athletic or recreational facility owned or leased by the town during scheduled youth events, as well as at the Courtyard at the Towers and prohibited at the town beach at all times. SECTION 2. This ordinance shall take effect upon its passage, and all others ordinances 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 ____________, 2013. ATTEST: _________________________________ Anne M. Irons, CMC Town Clerk
CC: ____10________ Amend No. ______

_____________________________________________________________________ TO: FROM: PREPARED BY: SUBJECT: Rich Kerbel, Interim Town Manager Steve Wright, Director Parks and Recreation Susan W. Gallagher, Purchasing Agent Award of bid Paddle Sports Business Concession
RECOMMENDATION: That the Town Council awards the bid for the Paddle Sports Business Concession at Middlebridge for the Parks & Recreation Department to the highest bidder, The Kayak Centre, at the annual payments quoted, for a five-year period. SUMMARY: This five year bid award is for Paddle Sports Business concession services at Middlebridge. The Town requested annual payments from 2014 through year 2018 with an operational three year term extension upon agreement by the Town and the successful bidder. Request for bids was advertised in the Narragansett Times, solicited and posted on the Town of Narragansett and the State Purchasing Division websites. Six vendors were solicited and two responded. The attached spreadsheet lists the results from the solicitation (annual payments to the Town). The Kayak Centre has been in business for 18 years and presently operates at two locations within Rhode Island; Wickford and Charlestown. The Parks and Recreation Department is recommending this award based on the Kayak Centres 18-year experience in the paddle sports business, references and total bid offering. An inspection of the Wickford operation was conducted by the Parks and Recreation Department to meet with the owner and staff to insure compatibility with the Middlebridge Property. In addition, several vendor references were contacted via telephone, resulting in all positive comments regarding the Kayak Centre operation.
Award of bid Paddle Sports Business Concession
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Council Meeting Date: October 7, 2013 Page 2
The parking foot print of the Middlebridge property limits any expansion of the present capacity of the paddle sports business alleviating concerns regarding an increase of kayaks/paddleboards on Narrow River with this award. Shuttling of patrons from satellite parking will not be allowed within this contract. This is a revenue-producing contract, with no cost to the Town. Revenue from this contract will be posted to the Middlebridge Revenue Account, 36-999-9507, Concessions. ATTACHMENTS: 1. 2. 3. 4. August 29, 2013 solicitation spreadsheet for bid opening The Kayak Centre letter of interest and references The Kayak Centre Brochure. Memo Land Conservancy Trust
Date: September 23, 2013 To: Narragansett Town Council From: Land Conservancy Trust RE: Award of Bid for Paddle Sports Business Concession The Land Conservancy Trust reviewed and discussed the bids for the paddle sports contract for the Middlebridge Road property at their regular meeting of September 19, 2013. In attendance were: Dr. Robert ONeill, Terence Fleming, Matthew Mannix, Edward Famiglietti and Jill Lawler. After a remarkably thorough presentation by Steven Wright of the exhaustive evaluation of the candidates to manage the Middlebridge paddleboat facility for the next 5 years, along with a review of the contract itself, the Land Trust voted in favor of awarding the contact to the highest bidder 2 to 0 with 3 abstentions for personal reasons, ( 2 members use the candidate as their dentist and 1 member who wished to vote later as a council member). Thank you, Robert O'Neill M.D., Chair
CC: __11__________ Amend No. ______

_____________________________________________________________________ TO: FROM: SUBJECT: Honorable Town Council Interim Town Manager Richard Kerbel An Ordinance in Amendment of Appendix A of the Code of Ordinances of the Town of Narragansett entitled Zoning
RECOMMENDATION: That the Town Council introduce, read, pass and accept as a First Reading, An Ordinance in Amendment of Appendix A of the Code of Ordinances of the Town of Narragansett entitled Zoning. SUMMARY: 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 Planning Board recommended approval of an ordinance dissolving the Industrial Performance Commission and a public hearing was advertised and held on September 16, 2013. This amendment will remove all references to the Industrial Performance Commission.
ATTACHMENTS: 1. Ordinance
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TOWN OF NARRAGANSETT CHAPTER ________
AN ORDINANCE IN AMENDMENT OF APPENDIX A, OF THE CODE OF ORDINANCES 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 hereby amended as follows: Delete paragraph 2 SECTION 2. Appendix A Section 12.7 Industrial Performance Standards is hereby amended as follows: Delete paragraph 1 (1) Application for certification Delete 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 performance standards, it shall send written notice of the probable violation by registered or certified mail to the owner and tenants of the industrial use. The notice shall describe the alleged violation 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 the satisfaction of the building inspection division within the time limit constitutes admission of violation of this ordinance. The notice shall further state that if the violation continues, the zoning enforcement agency will undertake a technical survey to determine its nature and extent. If a violation is found, those responsible will be charges the costs of the determination, including the costs of hiring qualified experts, and for such penalties as this ordinance provides. (5) Industrial performance commission Delete section and replace with Eliminated Section 3. Appendix A Section 18.3 Site Plan Submission and Review Paragraph 1 is hereby amended as follows: Within six months after the presubmission conference, the applicant shall submit ten copies of the site plan and related information, together with requires fees, to the planning division. The planning board shall adopt rules establishing the schedule of fees to help defray the administrative costs of site plan review. Such fee schedule shall
be on file in the offices of the planning division and the town clerk. The planning division may transmit copies of the site plan and EAF for review and comment to the following town departments, officers, and commissions, as applicable: The building inspection 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 town solicitor, the Narragansett housing authority, the conservation commission, and the historic district commission. The planning division also may transmit copies of the site plan and EAF to relevant state and federal agencies, including but not limited to: The Rhode Island Department of the Environment, Coastal Resources Management Council, and Department of Transportation, and the United States Army Corps of Engineers, Soil Conservation Service, and Fish and Wildlife Service. Section 4. This ordinance shall take effect upon its passage, and all other ordinances 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 ______________, 2013. ATTEST: _______________________________ Anne M. Irons, CMC Town Clerk
CC: ____12________ Amend No. ______

_____________________________________________________________________ TO: FROM: SUBJECT: Richard I. Kerbel, Interim Town Manager Donald W. Goodrich, Director of Finance YEAR-END TRANSFERS
RECOMMENDATION: That the Town Council approves the additional year-end transfers outlined in the attached report. SUMMARY: Year-end transfers are needed to assure that no General Fund departmental budget is in a negative position as of June 30, 2013. Attached is a listing of the departments, accounts, amounts and a brief justification for the transfers. These needs were in addition to the needs identified in the Monthly Statements of Budget Operations. The transfers total $6,650 and will be made from the Retirement and Termination Benefits Account. As was stated in my earlier memorandum dealing with transfers that were approved on September 16th, it was pointed out that additional transfers might be needed as the 2012-13 Fiscal Year was closed out. These are those additional transfers. There is $109,874 in the Retirement-Termination Benefit Account. Approval of the transfers is respectfully recommended.
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REV. 02/2010
A RESOLUTION AUTHORIZING TRANSFERS FROM THE RETIREMENT & TERMINATION BENEFITS ACCOUNT TO VARIOUS DEPARMENT ACCOUNTS WHEREAS, the General Fund department budgets listed have exceeded their 2012-13 appropriation, and WHEREAS, there are funds in the Termination Benefits account 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 TOWN COUNCIL ACCOUNT 01.100.0203 DESCRIPTION Legal Services AMOUNT 1,300 REASON Legal bills more than estimated Legal bills more than estimated Underestimated costs Underestimated costs Underestimated costs Costs exceeded the budget Costs exceeded the budget
ZONING BD APPEALS FIRE-OPERATIONS ANIMAL CONTROL
01.130.0203
Legal Services
650
01.522.0504 01.531.0504
Vehicle Maint Vehicle Maint Vehicle Maint Electricity Electricity
800 1,400 550 1,350 600
PUBLIC WORKS-ADMIN 01.710.0504 FACILITIES MAINT. 01.720.0218
PARKS MAINTENANCE 01.820.0218
And be it further RESOLVED, that the sum of $6,650.00 be and is hereby transferred from the Retiree Termination and Benefits account, 01.900.0793. There is $109,874 in this account. Adopted this 7th day of October, 2013 TOWN OF NARRAGANSETT ATTEST: James Callaghan, Council President Anne M. Irons, CMC Town Clerk
CC: _____13_______ Amend No. ______

_____________________________________________________________________ TO: FROM: PREPARED BY: SUBJECT: Richard Kerbel, Interim Town Manager Tony Rotelli, System Administrator, Police Department Susan W. Gallagher, Purchasing Agent Change of Telecommunications Carrier
RECOMMENDATION: That the Town Council approves the contract and transition of telecommunication services for the Town of Narragansett from Earthlink Business Solutions to Verizon and to authorize the Interim Town Manager to sign the contract. SUMMARY: In an effort to improve telecommunication services and reduce expenditures the Town of Narragansett wishes to replace the current vendor, Earthlink Business, with Verizon. The town currently utilizes three distinct services for telecommunications: measured business lines, Centrex, and PRI. All three contracts have been reviewed and approved by the Town Solicitor. This transition will terminate the contract with Earthlink Business that is currently in place. Collective savings through the approval of these contracts will be approximately two thousand dollars per month. Verizon is currently a listed vendor under the Rhode Island master price agreement. This contract is for a two-year period. Funding is available in various departments operating accounts for Telephone. ATTACHMENTS: 1. Verizon/State of Rhode Island Customer Authorization Agreement 2. Verizon Proposal (partial from 60 pages).
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REV. 02/2010
CC: ____14________ Amend No. ______

_____________________________________________________________________ TO: FROM: Richard Kerbel, Interim Town Manager David Ousterhout, Director of Public Works Jeffry Ceasrine, P.E.,Town Engineer Susan W. Gallagher, Purchasing Agent DPW Facility Lighting Energy Cost Savings Upgrades
PREPARED BY: SUBJECT:
RECOMMENDATION: That the Town Council approves 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 net amount of $16,026.69. SUMMARY: As a follow up to the 2011-12 ESCO project with Johnson Controls (which was not implemented beyond a basic weather-stripping contract), we have been working closely with Prism Energy, an authorized project expeditor and agent for National Grid (NGRID). Prism has evaluated the JCI audit and report, and has been conducting their own audits (at no charge to us) in order to develop a practical implementation program for a number of the ESCO initiatives. As an authorized vendor for NGRID, they have access to the most accurate rebate and incentive program information, and also allow us the flexibility of paying for certain improvement and energy efficient projects directly to NGRID through our monthly utility bills (additional information on this provided below). It should be noted that JCI has no further role in this process; we are managing the project directly with Prism Energy as National Grids agent. Prism Energy has focused their initial efforts on lighting upgrades at the Town Hall and the Public Safety Building, as well as the proposed boiler replacement at Town Hall. They have also performed a similar lighting audit and re-design project for the Department of Public Works Facility, which is the subject of this report and recommendation. The lighting upgrade projects go beyond just changing bulbs and ballasts; in many cases, a lighting redesign of the building interior spaces has been done (with input from the staff). It was interesting to note that many of our office spaces and hall ways are well over lit, according to industry standards and building codes.
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REV. 02/2010
DPW Lighting Energy Cost Savings Upgrades Council Meeting Date: October 7, 2013 Page 2
In many cases, bulbs have been removed in order to reduce glare in over lit areas; while a noble effort, this does not translate to energy savings, as power is still being supplied to the fluorescent tube ballasts. The lighting at the DPW Facility dates back to the original building construction (early 1990s), and it is long since outdated and inefficient. This proposal includes new fixture types, as well as bulb and ballast efficiencies that have been combined to make a comprehensive improvement plan (think of this as an asset improvement investment), as opposed to just an energy conservation measure. The lighting audit for the Public Works Facility has been completed, and Prism Energy has identified many potential areas for both lighting improvements and energy savings. As a project expeditor for NGRID, they can provide turn-key design\build services, including furnishing and installing new fixtures, bulbs, and ballasts, as well as the disposal of the old bulbs and ballasts. They propose to use a local vendor (Wojcik Electric, who has performed work on many Town buildings for us in the past) to accomplish this work. Prism Energy has prepared an audit summary report for the DPW lighting project (copy attached, without all of the individual product cut sheets). Total Project Cost Available Incentives Town Share Est. Annual Savings Avoided Maintenance Net Cost to Town Pay Back Period $23,783.16 ($ 7,756.47) $16,026.69 $ 4,315.70 ($ 772.80) $15,253.89 3.5 years
For the method of delivery, we have been working closely with Prism Energy, and we recommend entering into a contract with them in their capacity as an approved NGRID project expeditor and vendor. They were selected by NGRID through a competitive bidding process, and are authorized by NGRID to provide turn-key services under NGRIDs Energy Initiative\Retrofit and Design 200oplus program (see attached May 15, 2013 letter from National Grid). Participation in this program through NGRID and Prism Energy allows us to pay for the local share through what is known as On Bill Repayment (OBR), wherein our local share is amortized over twenty-four (24) months of electric delivery charges, interest-free and with no finance charges. This allows us to retain our capital and major maintenance appropriations within the adopted FY 2013-14 budget for offsets to other asset improvement projects. See the attached interoffice memo for additional information. Funding is available in the Major Maintenance Fund.
DPW Lighting Energy Cost Savings Upgrades Council Meeting Date: October 7, 2013 Page 3
ATTACHMENTS: 1. Energy Cost Savings Proposal (Prism Energy, dated August 29, 2013) 2. May 15, 2013 letter from National Grid.
CC: ____15________ Amend No. ______

_____________________________________________________________________ TO: FROM: PREPARED BY: SUBJECT: Richard Kerbel, Interim Town Manager David Arnold, Acting Fire Chief Susan W. Gallagher, Purchasing Agent Purchase of one Lifepak 15 Defibrillator/Monitor System
RECOMMENDATION: That the Town Council approves the purchase of one Lifepak 15 Defibrillator/Monitor for the Fire Department from Medtronic/Physio-Control, Inc., in the amount of $26,850.75, including a trade-in of an existing Lifepak 12 system. SUMMARY: The Lifepak 15 defibrillator/monitor purchase is part of a six-year replacement and upgrade program, eliminating the older, outdated Lifepak 12 models. Medtronic/Physio-Control, Inc. is the sole provider of this system. In accordance with the Town of Narragansett Code of Ordinances, Section 70-326 and Rhode Island General Laws, Chapter 55, Section 45-55-8, I, the Purchasing Agent, have determined this to be a sole source item. Funding is available in the Fire Administration Major Maintenance and NonCapitalization Account, 19-521-7142, Fire Equipment. ATTACHMENTS: 1. Quotation from Physio-Control, Inc., dated September 23, 2013.
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CC: ______16______ Amend No. ______

_____________________________________________________________________ TO: FROM: Richard Kerbel, Interim Town Manager Steven Wright, Director of Parks and Recreation Jeffry Ceasrine, P.E.,Town Engineer Susan W. Gallagher, Purchasing Agent Purchase of Pre-fab Restroom Facility for George C. Playfield
PREPARED BY: SUBJECT:
RECOMMENDATION: That the Town Council approves the purchase of a pre-fabricated restroom facility for the George C. Playfield from CXT, Inc., in the amount of $50,010.00. SUMMARY: The existing restroom facility at the George C. Playfield is an old block building that is in significant disrepair (see attached photo). It is also non-code compliant (ADA), and as such has been closed to the public for some time. In reviewing options for replacing this facility, it was noted that there are pre-fabricated restroom facilities that can be assembled off-site, and transported by truck\trailer to a location such as ours. Commonly used by federal and state agencies, these buildings are pre-cast concrete, with stainless steel fixtures and automatic water shut devices, making them very robust and more resistant to vandalism than a conventionally-built facility. The City of Newport has several similar structures from this same vendor (see attached photo from Newport). This proposal is for a single stall ADA compliant unisex restroom, with an adjacent but separate area for a concession stand (including a roll-up shutter-type window). The price under this proposal includes the manufacture and outfitting of the building, along with the delivery and offloading at the site by CSX, Inc. We are responsible for preparing the site (leveling and grading compacted gravel to use a base), having utility stubs (sewer, water, and electric) available within the building footprint, and connecting said utilities. As we have annual Miscellaneous Repair and Construction Contracts in place for this type of work, we will use that format for the site and utility work.
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REV. 02/2010
Purchase of Pre-fab Restroom Facility for George C. Playfield Council Meeting Date: October 7, 2013 Page 2
The replacement of the George C. Playfield Restroom and Concession Facility has been recognized and prioritized by the Director of Parks and Recreation as a key project within the current fiscal year CIP. It was also discussed with the Town Council at the FY 2013-14 budget work sessions prior to being adopted as a new project. The Town will be purchasing this building under the competitively procured National Joint Powers Alliance (contract # 022113) with CXT, Inc. to take advantage of the purchasing power associated with a large nationwide procurement. Funding is available in the Parks and Recreation Major Maintenance and NonCapitalization Account, 19-810-7014, Park Rehabilitation. ATTACHMENTS: 1. Quotation dated September 17, 2013 from CXT, Inc. 2. Photographs of existing and proposed building.
CC: _____17_______ Amend No. ______

_____________________________________________________________________ TO: FROM: SUBJECT: Rich Kerbel, Interim Town Manager Michael J. DeLuca, Community Development Director Schedule a meeting for Adoption of Flood Hazard Area Overlay District
RECOMMENDATION: That the Town Council schedule a special meeting to adopt the Special Flood Hazard Area Overlay District Ordinance. SUMMARY: 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 16, 2013. The Planning Board reviewed the revised ordinance text at their August 20, 2013 meeting and provided a favorable recommendation. A public hearing was held on September 16th and continued to October 7th. The first reading was read at the October 7th meeting. According to Section 2-1-9. Ordinances of the Town Charter no ordinances shall be passed by the council at the meeting at which it is introduced but it shall be referred to a subsequent regular or special meeting at least seven (7) days hence for a vote thereon. Adoption of the flood plain ordinance is of utmost importance as failure to meet the FEMA designated approval deadline may result in probation or suspension from the National Flood Insurance Program.
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REV. 02/2010
CC: __18__________ Amend No. ______

Date Prepared: October 2, 2013 Council Meeting Date: October 7, 2013
_____________________________________________________________________ TO: FROM: SUBJECT: Honorable Town Council Matthew M. Mannix, Council Member A Motion to ESTABLISH and CLARIFY the Selection Process for the Fire Chief of the Town of Narragansett.
RECOMMENDATION: That the Town council set up a clearer process for the selection of the towns Fire Chief.
SUMMARY: Two months ago, the Fire Chief retired. The selection process for a new Fire Chief subsequently began. That process is governed by Article III of the Towns Ordinances, but there appears to be a gap in the process. According to the Ordinance, the Town Manager is responsible for interviewing the candidates and the Town Council is responsible for exercising its advice and consent and making a selection during a public town council meeting. However, there is no step in this process that provides an opportunity for the Town Council members to meet with the finalists for the position before exercising their advice and consent. The Council and Town Manager should discuss this issue together and come up with a process that fills in this gap.
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RES. # LIC. #
REV. 02/2010

October 7 Narragansett TC AGENDA

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October 7 Narragansett TC AGENDA

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AGENDA

GENERAL RULES AND PROCEDURES

FOR THE TOWN OF NARRAGANSETT

TOWN COUNCIL MEETINGS

ADDRESSING THE COUNCIL, MANNER, TIME

CALL TO ORDER: PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES:

NARRAGANSETT TOWN COUNCIL

Town Council Agenda October 7, 2013 Page 2 of 3

Town Council Agenda October 7, 2013 Page 3 of 3

TOWN OF NARRAGANSETT COUNCIL COMMUNICATION

CC: ____________ Amend No. ______

ORD. # LCON# Action Date: )

VEHICLE MAINTENANCE REVIEW

Adolfo Bailon Graham Sheridan September 16, 2013

Double Click on PowerPoint Presentation to open and review it.

Anne M. Irons, CMC Council Clerk

Anne M. Irons, CMC Council Clerk

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TOWN SOLICITOR 01.110.0203 TOWN MANAGER 01.120.0201 FINANCE-ADM. 01.310.0123

Profess Services 25,500 Health Benefits 18,800

FINANCE-TAX COLL. 01.330.0102 FINANCE-ASSESS. 01.340.0101 01.340-0201

Temporary Wages 8,200 Regular Payroll 3,400

Professional Services 5,784 Legal Expense

TOWN CLERK POLICE ADM.

Buyback of Health Part-time Wages

TownCouncilMeetingMinutes September16,2013 Book54Page792

Z BD OF APPEALS 01.130.0203 PARKS MAINT. 01.820.0103 01.820.0401 INSPECT SERVICES01.640.0320

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Anne M. Irons, CMC Council Clerk

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

TOWN OF NARRAGANSETT COUNCIL COMMUNICATION

CC: ____________ Amend No. ______

ORD. # LCON# Action Date: )

AMENDED DRAFT 3 OCT 7, 2013

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