NARRAGANSETT TOWN COUNCIL
REGULAR TOWN COUNCIL MEETING
MARCH 16, 2009 MINUTES
At a Regular Meeting of the Town Council of the Town of Narragansett held on Monday March 16, 2009 at 7:30 p.m., at the Narragansett Town Hall.
Present: David J. Crook, Sr. President,
Christopher Wilkens, President Pro Tem
Susan Cicilline-Buonanno, Member
Alisa Trainor Fleet, Member
Glenna M. Hagopian, Member
Jeffry Ceasrine, Town Manager
Mark A. McSally, Town Solicitor
David J. Crook, Sr., President calls the meeting to order and leads those in attendance in Pledging Allegiance to the Flag.
It is unanimously VOTED: That the minutes of the February 23, 2009 Work Session Work Session APPROVED AS PRESENTED. (Hagopian-Cicilline-Buonanno)
It is unanimously VOTED: That the minutes of the March 2, 2009 Regular Meeting be APPROVED AS PRESENTED. (Hagopian-Cicilline-Buonanno)
It is unanimously VOTED: That the minutes of the March 3, 2009 Work Session be APPROVED AS PRESENTED. (Hagopian-Cicilline-Buonanno)
It is unanimously VOTED: That the minutes of the March 4, 2009 Work Session be APPROVED AS PRESENTED. (Hagopian-Cicilline-Buonanno)
It is unanimously VOTED: That the minutes of the March 5, 2009 Work Session be APPROVED AS PRESENTED. (Hagopian-Cicilline-Buonanno)
It is unanimously VOTED: That the minutes of the March 9, 2009 Special Meeting be APPROVED AS PRESENTED. (Hagopian-Cicilline-Buonanno)
It is unanimously VOTED: TO ADOPT a Resolution Commending Collin McCarron on his Achievement in attaining the rank of Eagle Scout. (Wilkens-Cicilline-Buonanno)
Open Forum is now held and the following individuals address the Council, viz:
Richard Van Germeersch believes the town needs a hard nosed professional negotiator who knows pensions and pension laws to negotiate the contract and invite the auditor general and /or staff to educate the town citizens on pension cost and post retirement benefits that are no pensions. He notes he has requested this for the past three years; John Miller comments he is affordable housing however the town needs to be careful on how it enacts it and ask if the town will be in jeopardy if it slows down the process; Albert Alba explains that there used to be a pier into the ocean and maybe that should be done again; He also said suggested an aquarium should be in Narragansett; Stanley Wojciechowski comments on the two million dollar shortage for the next year’s fiscal budget and believes there should be no increases in salaries and increases in employees’ share of cop-pays for benefit. He also wants a million miles on the school buses in the school department; Lelia Palmieri comments that the residents are not against Affordable Housing but against changes in zoning, crowded areas, high density and changing the town into an urban town and development should stop;
Robert Taylor expresses concern on his new assessment and spending tax dollars; Joanne Matuszek comments on the new surface on the tennis courts in Sprague Park and believes that they are not same standard that they were prior to the resurfacing. She comments that she has been told that they were not properly sealed and they have already been painted. She comments that she is not an expert however her opinion is that what is there now is inferior to what was there previously; Mrs. Matuszek notes that the Narragansett Boys High School Tennis team will not play on the court because they were not properly done. Sue Bush comments that she had an increase in her valuation on her property and did not understand that her friend one mile away had a decrease of $60,000 and she had an increase of $60,000. She believes it was done wrong and it should be looked into further.
The Town Council referred this subject to the Planning Board in January, 2008 in response to a request by the Breakwater Village Association. The BWVA expressed concern over the size that recent houses built or rebuilt had attained. Specifically they were concerned for loss of the “unique ambiance’ of their neighborhood. Since then, Community Development staff has met several times with the BWV Association and its residents.
The Planning Board has considered several options for amending the height regulations in this neighborhood as they relate to lot size, coverage and massing. That which is transmitted herein as the selected option includes a “Floor Area Ratio” (FAR) provision. This concept is not new to Narragansett, which regulated commercial sites in this manner for several years prior to the 1987 ordinance rewrite. The definitions of gross floor area and floor area ratio remain within the zoning ordinance today.
The Planning Board has had this request under review for nearly one year and voted to support for Option D at their February 10, 2009 meeting.
It is unanimously VOTED: TO SCHEDULE A PUBLIC HEARING to June 1, 2009 amend the text of Section 4.8.1 (Breakwater Village Special District) within Chapter 731 of the Code of Ordinances (Zoning) (Hagopian-Trainor Fleet)
A Public Hearing is held a petition from Pal Hunter Inc. d/b/a The Drunken Clam, 1200 Ocean Road to amend the Class BV Liquor License to include seating at the bar and an extension of food service hours.
Attorney Stephen Votta, representing Pal Hunter Inc. d/b/a The Drunken Clam, Thomas Paolantonio addresses the council. He notes that there is a petition to amend the liquor license at that establishment. Mr. Votta gives a brief summary regarding The Drunken Clam. He explains that the restrictions that are on the license are creating an undo hardship especially the restriction of no seating at the bar which has been used to call the police repeatedly and Building Official and other officials to make false allegations that people are seated at the bar and drinking. Attorney Votta comments that the police have gone to the establishment several times and have found no violations of any sort.
Thomas Paolantonio is sworn in. Stephen Votta submits a copy of a letter from the Chief of Police and it is marked as Applicant’s Exhibit #1. Mr. Votta states that his client is asking nothing more than to level the playing field and nothing more than what has been afforded to the other restaurants in the immediate vicinity around the establishment. He is asking that the restrictions be removed. a) He requests that the outdoor deck not exceed 48 seats not 24 seats, b) that the food and beverage service on the deck be allowed until 9:00 p.m. and no one the deck after 10:00 p.m. c) that no live entertainment can remain as a restrictions. d) that seating be allowed at the bar both drinking and food service and e) the kitchen be allowed to close at 11:00 p.m. Mr. Votta states that it is not a bar it is a restaurant and serving liquor is a very important part of success of a restaurant.
Mr. Votta request to add 6 bar stools at the ten foot bar.
Opponents and proponents are called. Joan Garceau, Al Alba, Donn Slonim, Carol Stuart, Attorney Mathew Callaghan and George Tracy and James D’Ambra address the Council. During the course of testimony it is discovered that the applicant had requested all six restrictions be moved on his license however, only 2 restrictions were listed in the advertisement. There is a discussion on the 50% rejection from abutters and a discussion to continue the public hearing for three weeks and re-advertise and with all restrictions lifted that the applicant requested. Following questions by the Council, the President asks for a motion to continue the public hearing.
PLEASE SEE STENOGRAPHER’S FOR MORE DETAILS
It is unanimously VOTED. To keep the public hearing open and continue until April 6, 2009 at 8:00 p.m., giving three weeks to re advertise the ad in the newspaper. (Wilkens-Hagopian)
A continued Public Hearing is held to amend the text of Section 5 (Historic Districts) of Chapter 731 of the Code of Ordinances (Zoning) for the purposes of updating historic district regulations and establishing four Historic District Zones in Narragansett.
Michael Deluca, Community Development Director addresses the council and audience and summarizes previous meetings on amending Section 5 Historic Districts of Chapter 731 of the Code of Ordinances for the purposes of updating historic district regulations and establishing four historic district zones in Narragansett. Mr. Deluca reviews text changes in Section 5.1 Authority, Section 5.3 Definitions and Administration. He discuses voluntary participation.
Opponents and proponents are called. John Miller, John Hodnett, Elizabeth Vranka, Joan Garceau, Carol Surprenant and Thomas Comiskey speak. A lengthy discussion is held on the proposed ordinance.
PLEASE SEE STENOGRAPHER’S FOR MORE DETAILS
It is unanimously VOTED. To continue the public hearing to June 15, 2009 at 8:00 p.m. (Wilkens-Hagopian)
It is unanimously VOTED. To extend the council meeting an additional fifteen minutes. (Wilkens- Hagopian)
It is unanimously VOTED. TO APPROVE, the request from the Washington County Raiders for the use of the Narragansett Town Beach Parking Lot for the Annual Carnival on May 11, through May 17, 2009, subject to local and state regulations. (Wilkens-Hagopian)
It is unanimously VOTED. TO APPROVE the request from the National Multiple Sclerosis Society for their 20th Anniversary Walk MS to be held Sunday, April 19, 2009, subject to local and state regulations. (Hagopian-Trainor Fleet)
This bid is for the purchase and installation of commercial-grade fire suppression range hood and vent system for the North Beach Clubhouse. Parks and Recreation and the Engineering Department developed the specifications for the new system that will comply with local, state and national fire safety codes. The sole bidder attended the pre-bid meeting and indicated that the system could be completed in time for the Spring/Summer schedule of Clubhouse bookings.
Funding is available in the Beach Capital Projects Account, 34-841-0610, Other Improvements. Request for bids was advertised in the Narragansett Times, posted on the Town of Narragansett and State Purchasing Division websites, and solicited. Six vendors were solicited and only one responded as follows:
| | Lump Sum |
| Vendor | Price |
| Frank J. Newman & Son, Inc. | $15,450.00 |
It is unanimously VOTED. TO AWARD the bid for the Purchase and Installation of a Fire Suppression Range Hood and Vent System for the Beach Division to the sole bidder, Frank J. Newman & Son, Inc., in the amount of $15,450.00. (Wilkens-Trainor-Fleet)
This project is to replace all of the existing twelve exterior floodlights that illuminate the Towers at night. The current fixtures are no longer repairable. This quote includes the purchase of the new fixtures and the labor to remove the existing lights and install the new ones.
Franklin Electric has the General Electrical Services contract for the Town, as approved on February 2, 2009; agenda item 09-02-38. With this contract, the Town Council must approve in advance, all projects that exceed $4,000.00. Funding is available in the Public Works Capital Projects Account, 20-710-7244-The Towers Improvements.
It is unanimously VOTED. TO APPROVE the purchase and installation of replacement exterior lighting at the Towers, under the current General Electrical Services Contract held by Franklin Electric, in the amount of $9,400.00. (Wilkens-Hagopian)
These maintenance agreements allow the departments to receive the most current versions and updates of the Arc View software for the Town’s Geographic Information System, used by multiple departments. ESRI is the sole source of this software. The renewal period is: March 2009 – March 2010.
In accordance with the Town of Narragansett Code of Ordinances, Section 70-326 and Rhode Island General Laws, Chapter 55, Section 45-55-8, it has been determined this a sole source item. Bids were solicited and awarded by the State of Rhode Island, Office of Purchasing. The Town will be purchasing under the State bid (Master Price Agreement #183). Funding is available in the following accounts: The Community Development Operating Account, 01-610-0604, PC Software/Programs ($2,634.25); The Engineering Operating Account, 01-705-0604, PC Software/Programs ($600.00); The Building Inspection Operating Account, 01-640-0604, PC Software/Programs ($300.00).
It is unanimously VOTED. TO APPROVE the renewal of maintenance agreements for Arc View GIS software from Environmental Systems Research Institute, Inc. (ESRI), in the amount of $3,534.25. (Hagopian-Cicilline-Buonanno)
It is unanimously VOTED. TO ADOPT a Resolution to support conserving energy and establishing March 28, 2009 as Earth Hour Day in the Town of Narragansett. (Cicilline-Buonanno Hagopian)
A Resolution to support conserving energy and establishing
March 28, 2009 as Earth Hour Day in the Town of Narragansett
WHEREAS, Earth Hour is both an international and local symbolic event organized by World Wildlife Fund to raise awareness about climate change issues, to encourage businesses, individuals and government to take actions to reduce their carbon emissions and their impact on the environment in their daily lives and operations; and
WHEREAS, Earth Hour asks all citizens, businesses, government agencies, and commercial and non-commercial establishments to turn off all non-essential lighting for one hour beginning at 8:30 pm on March 28, 2009 and to encourage citizens and businesses to commit to actions they can take in the coming year to reduce their carbon footprints and conserve energy; and,
WHEREAS, if every household installs one CFL, annual energy savings will reach approximately 18 Gigawatt hours per year, or 1.3% of total residential energy demand; and,
NOW THEREFORE BE IT RESOLVED, that the Town Council endorses efforts by World Wildlife Fund through Earth Hour to raise awareness around global climate change and energy efficiency; and declares March 28, 2009 to be “WWF’s Earth Hour” day in the Town of Narragansett.
Adopted this 16th day of March, 2009.
ATTEST: TOWN OF NARRAGANSETT
S/Anne M. Irons . S/David J. Crook, Sr.
_________________________ By: _________________________
Anne M. Irons, Council Clerk David J. Crook, Sr. President
The police department will be accepting this money on behalf of the State of Rhode Island. The grant is only issued to municipal governments and the Town of Narragansett will act as the go through for the funds. The monies will be used for the purchase of interoperable equipment to be used by the State of Rhode Island in their efforts to continue with the 800 MHZ Interoperable radio systems. The State of Rhode Island will take possession of all equipment purchased with this grant.
It is unanimously VOTED. TO ACCEPT the Community Oriented Policing Services (COPS) Technology Grant for FY 2008 in the amount of $187,060. (Wilkens-Cicilline-Buonanno)
The Town has been using the Motorola Interoperable Radio Communications System since December 2005. Since then, other towns and the State have started utilizing this system. This equipment purchase includes a full dispatch console for the State Police, an atomic clock that runs the entire statewide system and various spare parts that are necessary to keep in inventory and can be utilized by any of the sites when a component breaks/malfunctions. The Town will be purchasing under the State Master Price Agreement (MPA). Motorola, Inc. is the manufacturer of the 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, it has been determined this a sole source item. Funding is available through the Police Administration 2008 COPS grant, pending approval from Town Council on this March 16, 2009 agenda.
It is unanimously VOTED. TO APPROVE the purchase of various equipment for the statewide radio project from Motorola, Inc., in the amount of $187,053.00. (Wilkens-Hagopian)
It is unanimously VOTED. TO ADOPT, “An Ordinance in Amendment of Chapter 82, Article II, of the Code of Ordinances of the Town of Narragansett, Rhode Island, entitled “Beaches”. (Cicilline-Buonanno-Wilkens)
TOWN OF NARRAGANSETT
CHAPTER 907
AN ORDINANCE IN AMENDMENT OF CHAPTER 82, ARTICLE II (BEACHES) OF THE CODE OF ORDINANCES OF THE TOWN OF NARRAGANSETT, RHODE ISLAND, ENTITLED “UTILITES”.
The Town Council of the Town of Narragansett hereby ordains as follows:
SECTION 1. Section 82-41 “Definitions” of Article II, Chapter 82 of the Code of Ordinances of the Town of Narragansett entitled “Beaches” is hereby amended to read as follows:
Taxpayer means any person owning property and paying local real property taxes of at least $1,500.00 to the town.
SECTION 2. Section 82-42 “Required; issuance” of Article II, Chapter 82 of the Code of Ordinances of the Town of Narragansett entitled “Beaches” is hereby amended to read as follows:
(a) Nontransferable permits for the use of the beach are required and shall be issued annually by the director of parks and recreation to all bona fide residents or taxpayers or a nonresident desiring admission to the town beach, upon payment of the fees required by the provisions of this division. Such applicant shall have the burden of proving such facts that will establish his status as a bona fide resident or taxpayer to the satisfaction of the director of parks and recreation.
(b) Nontransferable permits for the use of the beach parking lots are required and shall be issued annually by the director of parks and recreation to all bona fide residents or taxpayers desiring admission to the town beach parking lots, upon payment of the fees required by the provisions of this division. Such applicant shall have the burden of proving such facts that will establish his status as a bona fide resident or taxpayer to the satisfaction of the director of parks and recreation.
SECTION 3. Section 82-44 (a) “Restrictions” of Article II, Chapter 82 of the Code of Ordinances of the Town of Narragansett entitled “Beaches” is hereby amended to read as follows:
(a) The fee provided for under the provisions of this division shall not entitle a permit holder to have access to the cabanas, changing rooms, or lockers, all of which are available at additional cost and subject to additional restrictions. The town council may adopt policies, restrictions, and regulations relating to the rental of cabanas, changing rooms, and lockers, and the issuance of permits for access to the beach and the beach parking lots.
SECTION 4. Article II, Chapter 82 of the Code of Ordinances of the Town of Narragansett entitled “Beaches” is hereby amended to add the following new section and to read as follows:
Sec. 82-46 Fraudulent or Counterfeit Passes
The manufacture, possession, distribution, and/or use of a fraudulent or counterfeit beach parking or access pass shall be expressly prohibited. Said manufacture, possession, distribution, and/or use of a fraudulent or counterfeit beach parking or access pass shall be considered a violation of this Article and any person found in such violation shall be subject to a fine or penalties consistent with Section 18-28 of the Code of Ordinances for each violation. Each day in which such violation shall continue and/or each fraudulent or counterfeit beach parking or access pass so manufactured, possessed, distributed, or used shall be deemed a separate offense.
SECTION 5. 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 Town Council Meeting legally assembled the 2nd day of March, 2009, A.D.
Second reading read and passed in Town Council Meeting legally assembled the 16th day of March, 2009, A.D.
ATTEST:
S/Anne M. Irons
Anne M. Irons, Town Clerk
This current contract (set to expire 06/30/2012) will have the following changes in the contract language: A decrease in the administration fee to Blue Cross/Blue Shield to $28.00 per month (the current admin fee is $38.50). The administration fees would not increase again until the final year of the contract to $29.19 per month.
Should MUNICIPALITY and/or WBCH terminate the Agreement prior to June 30, 2012, MUNICIPALITY and WBCH understand and agree that they are obligated to pay BLUE CROSS the difference between the Billed Retention Rates and Guaranteed Retention Rates (“Adjusted Premium”) as follows:
i. In the event the Agreement is terminated prior to June 30, 2011 the amount due to BLUE CROSS shall be equal to the Adjusted Premium for each month beginning with March 1, 2009 and ending on the termination date of the Agreement; and
ii. In the event the Agreement is terminated during the rating period beginning July 1, 2011 and ending June 30, 2012 the amount due to BLUE CROSS shall be equal to the Adjusted Premium for the twelve (12) month period immediately prior to termination.
It is unanimously VOTED. TO AUTHORIZE the Town Manager to sign the contract amendment with Blue Cross/Blue Shield and WB Community Health for the Town of Narragansett subject to review and approval by the Town Solicitor.
(Wilkens-Hagopian)
All agenda items that were not voted on will be on the next agenda.
The meeting adjourns at 11:10 p. m.
| ATTEST: | MINUTES ACEPTED AS |
| PRESENTED 7-20-09 | |
| Anne M. Irons | Anne M. Irons |
| Anne M. Irons | Anne M. Irons |
| Council Clerk | Council Clerk |
An electronic tape is made a part of the record for a complete account of the council meeting. This tape is on file in the clerk’s office.