NARRAGANSETT TOWN COUNCIL REGULAR MEETING JULY 15, 2019 MINUTES

A Regular Meeting of the Town Council of the Town of Narragansett was held on Monday, July 15, 2019 at 7:30 PM, at the Narragansett Town Hall. Present: Matthew M. Mannix, President Jill A. Lawler, President Pro Tem Richard Lema, Member Patrick W. Murray, Member Jesse Pugh, Member Sean Corrigan, Acting Town Manager Mark A. Davis, Town Solicitor

Council President Mannix called the meeting to order and led those in attendance in Pledging Allegiance to the Flag.

APPROVAL OF MINUTES:

 June 17, 2019 Regular Meeting: Removed for future consideration.

CONSENT AGENDA: Councilor Pugh requested item #3 be removed from the Consent Agenda, and Council President Mannix requested item #23 be removed. Motion by Councilor Lawler, seconded by Councilor Lema to approve the remainder of the consent agenda (24 items). So unanimously voted. The amended consent agenda consisted of:

1. A MOTION TO APPROVE the Boston Chapter of BMW CCA Rhode Island Group’s request for a Show & Shine Car Show at Veterans Memorial Park on Sunday, August 25, 2019, subject to state and local laws.

2. A MOTION TO APPROVE one (1) three-year seasonal contract with Gansett Poke to vend from a food truck at the Town Beach on Monday and Wednesday nights only in the south and north lots from the fourth Monday of June through Labor Day from 6:00 pm to 10:00 pm subject to state and local regulations.

4. A MOTION TO APPROVE the installation of one (1) electric panel at the Sprague Park Tennis Court, to be completed by E.W. Audet & Sons, Inc., utilizing the General Electrical Services contract, in the amount of $6,022.83.

5. A MOTION TO APPROVE the annual preventative maintenance contract for the Fire Department’s Plymovent Source Capture Emergency Vehicle Exhaust Fuel Removal System with Air Cleaning Specialists of New England, LLC in the amount of $2,876.00 and authorize the Town Manager to sign the contract after review by the Town Solicitor.

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6. A MOTION TO APPROVE the annual contract for technical support for the Fire Department’s computer software system with TriTech Software Systems (formerly Information Management Corporation/IMC), in the amount of $6,948.75.

7. A MOTION TO APPROVE the annual subscription renewal for the Fire Department’s records management software from Station Smarts LLC, in the amount of $9,250.00 utilizing the State of Massachusetts procurement contract.

8. A MOTION TO APPROVE the contract extension for general plumbing and pipe fitting services for a one-year period with Stedman & Company Plumbing & Heating, Inc. (formerly Stedman & Kazounis Plumbing & Heating Co.), at their quoted prices and rates, under the same terms and conditions as the original contract.

9. A MOTION TO APPROVE the annual agreement for Barracuda unlimited cloud backup storage purchased through Zones, Inc. for Fiscal Year 2020, in the amount of $5,034.13.

10. A MOTION TO APPROVE the contract extension for billing for emergency response services for the Fire Department for a one-year period with Comstar, Inc., at their quoted fee of 4% of the total amount collected, under the same terms and conditions as the original contract; and TO APPROVE the contract amendment to include collection agency services for a fee of 33-1/3 percent retainage; and TO AUTHORIZE the Acting Town Manager to sign the contract after review by the Town Solicitor.

11. A MOTION TO APPROVE the purchase of a new high-volume, full color copier/scanner for the Police Chief’s Office in the public safety building from Ricoh USA, Inc., in the amount of $5,200.00.

12. A MOTION TO APPROVE the contract amendment for architectural/engineering services for the Community Center Building Envelope Improvements Project with Frank Karpowicz Architects, Inc. for administrative services during construction, in the amount of $4,500 and at their quoted hourly rates.

13. A MOTION TO APPROVE the contract amendment with the University of Rhode Island (Graduate School of Oceanography) for additional shoreline mapping and analysis services for the Scarborough Wastewater Treatment Facilities, in the amount of $4,300.00.

14. A MOTION TO APPROVE, RATIFY, AND CONFIRM the emergency purchase of a replacement grinder pump unit for 6 Anglers Court from F.R. Mahony & Associates, Inc. in the amount of $3,762.00.

15. A MOTION TO APPROVE, RATIFY, AND CONFIRM the repairs to the 12” water main in Point Judith Road, completed by George Sherman Sand & Gravel Co. Inc., in the amount of $4,084.00.

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16. A MOTION TO APPROVE, RATIFY, AND CONFIRM the installation of new water service at 25 Sea Ridge Drive, completed by George Sherman Sand & Gravel Co. Inc., in the amount of $4,392.00.

17. A MOTION TO APPROVE, RATIFY, AND CONFIRM the purchase of a replacement check valve for the Galilee Pump Station from the lowest quoted vendor, G&L Water Works Supply, in the amount of $2,813.00.

18. A MOTION TO APPROVE the purchase of BIOXIDE for the Wastewater Division from Evoqua Water Technologies at the price of $2.70 per gallon for FY 2019-20.

19. A MOTION TO APPROVE a contract amendment for additional professional environmental remediation services in 2019 at the DPW Facility with Weston & Sampson, Inc., in the amount of $5,745.00.

20. A MOTION TO APPROVE a proposal from Fuss & O’Neill for professional services in connection to the Mumford Brook & Mettatuxet Brook illicit discharge investigation, in the amount of $6,000.00.

21. A MOTION TO APPROVE the list of Real Estate abatements in the amount of $4,440.41 and the list of Motor Vehicle abatements in the amount of $234.01.

22. A MOTION TO GRANT permission to Christopher Gay and Coastal Modular Homes to transport a modular home through Narragansett to 20 Aspen Drive, Plat K, Lot 475, on or around September 23, 2019, subject to local and state regulations.

24. A MOTION TO APPROVE a Peddlers License for Kristi Scialla dba Nirvana Beach Rentals, Inc. subject to local and state regulations.

25. A MOTION TO APPROVE a Holiday License for Nequila Freitas dba Vikani at 4A Pier Market Place, Narragansett, RI, subject to local and state regulations.

26. A MOTION TO APPROVE a Holiday License for Thomas Hazel and Julius Dover dba Far Out! at 1 Angell Road, Unit D, Narragansett, RI, subject to local and state regulations.

3. Motion by Councilor Pugh, seconded by Councilor Murray to approve the purchase of two (2) 32-gallon trash receptacles with steel flat covers for the seawall from O’Brien & Sons, Inc., in the amount of $2,610.00. Responding to Councilor Pugh, Parks and Recreation Director Steven Wright reported these receptacles were to replace two that were intentionally destroyed by fire on May 24. Although decorative, they are durable and built to last, other than when set afire. They are 2 of 18 of this type currently in use, as approved by the Recreation Advisory Board and prior Town Council. Karen Shabshelowitz said there is an ongoing problem with animals getting into neighborhood trash, and expressed concern about coyote sightings. Councilor Pugh referred to solar powered compacting receptacles, to possibly be explored in the future. Motion so unanimously voted.

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23. Motion by Councilor Pugh, seconded by Councilor Lema to approve a Class F-1 Alcoholic Beverage License for the Narragansett Lions Club for the Annual Blessing of the Fleet Seafood Festival event to be held on July 25, 26 and 27, 2019 at Veterans Memorial Park, subject to state and local regulations. Council President Mannix noted this important local event, and all the efforts of the Lions Club and Parks and Recreation Department that make it an annual success. He also commended the Parks and Recreation Department for the Fourth of July festivities and Philharmonic performance. So unanimously voted.

NEW BUSINESS:

TOWN MANAGER

27. Motion by Councilor Pugh, seconded by Councilor Murray to authorize the Town Manager to sign an application for a variance for signage at Sunset Farms. Manager Corrigan reported that a complaint about signage at the property was filed in July 2018, and the Building Official cited the lessee. The lessee (Jeff Farrell of Sunset Farms) is applying to the Zoning Board of Review for a variance. Since the owner of the property is the Town of Narragansett, the application requires a signature on behalf of the Town in order to go forward. Councilor Lawler stated the property is in an R-80 zone, which allows signs up to 3 feet, and the applicant is seeking to erect two 25-foot signs. She said she did not believe it was a hardship for the applicant, as he lives on the town-owned farm and pays no rent or taxes. Citing the Trillo political sign incident of last fall, she felt allowing this would be a hardship for the Town by the precedent it would set. Councilor Pugh noted, although zoned residential, this property was being run as a business. The request would not constitute approval, just acknowledgement as owner on the application. Councilor Murray said the Kinney Bungalow business is a non-conforming use, and he saw no reason to deny the motion. Councilor Lawler said there were unresolved issues with the tenant and this would be allowing another favor. She suggested waiting for a new Town Manager to allow review of all issues the Building Official is working on in relation to this property. Councilor Lema said, although zoned residential, it is run as a farm and the signs change depending upon the current crop being sold. The Town should have an ordinance for uniform signage throughout the community. Councilor Pugh noted this was for a variance application and the Zoning Board should be allowed to hear it. Catherine Celeberto said the Building Official’s denial should be respected. She said Mr. Farrell is running a full scale landscaping business at that location, not just a farm. Motion so voted by four in favor, Councilor Lawler opposed.

28. Motion by Councilor Lawler, seconded by Councilor Lema to approve the Agreement between the IBPO Local 303 (Police) and the Town of Narragansett for a three (3) year term, beginning July 1, 2019 and authorize the Town Manager to sign same. Manager Corrigan reported the agreement includes modest salary increases and defines the promotional process and health care changes. Richard Vangermeersch said these contracts are crucial and he opposed cost of living adjustments (COLA), especially for new employees. Stanley Wojciechowski said the negotiation of 2% salary increases is to be

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commended. Council President Mannix said there have been cost saving reforms with many of the Town’s unions over the last few years. The timing of this agreement also helps to establish staggered expirations to ease the burden on administration. Responding to Councilor Lema, Manager Corrigan said the COLA is 3% for police retirees, but is currently suspended. Ms. Celeberto disagreed with the Pension Board’s vote to grant Matthew Riley’s pension, and felt the town employees on the Board made a hasty decision. She did not oppose the concept of COLAs, but said it did not make sense to set up two different categories of employees by decreasing benefits for new hires. Motion so unanimously voted.

Motion by Councilor Murray, seconded by Councilor Pugh to reorder the agenda to address item #46 at this point. Motion failed with two in favor, Councilors Mannix, Lawler and Lema opposed.

PARKS AND RECREATION DEPARTMENT

29. Motion by Councilor Lawler, seconded by Councilor Lema to approve the amendment to the U.R.I. CREW Middlebridge Lease at 95 Middlebridge Road between the Town of Narragansett and University of Rhode Island at the annual payments quoted, contingent upon the approval of U.R.I. So unanimously voted.

30. Motion by Councilor Lawler, seconded by Councilor Lema to approve the purchase of one (1) new John Deere Gator all-terrain vehicle for the Narragansett Town Beach from Howard Johnson, Inc., in the amount of $17,044.40. Councilor Lema noted funds for this purchase would come from the enterprise fund, not taxes. Motion so unanimously voted.

PUBLIC WORKS DEPARTMENT

31. Motion by Councilor Lawler, seconded by Councilor Lema to approve the proposal from Frisella-Balch and Associates to provide professional survey services required for Phase 3 of the Road Improvement Project, in the amount of $17,155.50. Public Works Director Michael DiCicco reported his department is working on the last nine roads of Phase 2, and Phase 3 would begin in mid- to late-spring 2020. He said all phases are detailed on the department’s page of the Town’s website. Motion so unanimously voted.

32. Motion by Councilor Lawler, seconded by Councilor Lema to approve the purchase of one (1) new John Deere utility tractor with flail mower through Padula Bros., Inc., in the amount of $96,847.09. Councilor Lema said this purchase was proposed five years ago at a cost of $20,000 less, but was denied. This equipment would be replacing a 25-year old vehicle that the Town can no longer get parts for. Mr. Wojciechowski said other, less expensive makes should be explored. Motion so unanimously voted.

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COMMUNITY DEVELOPMENT DEPARTMENT

33. Motion by Councilor Lawler, seconded by Councilor Lema to read, pass and adopt as a Second Reading “An Ordinance in Amendment of Chapter 731 of the Code of Ordinances of the Town of Narragansett, Rhode Island, entitled “Zoning”, specifically adding new text regulating the medical use of marijuana. So voted by four in favor, Councilor Lema opposed.

34. Motion by Councilor Lawler, seconded by Councilor Lema to introduce, read, pass, and accept as a First Reading “An ordinance in amendment of Chapter 731 of the Code of Ordinances of the Town of Narragansett, Rhode Island, entitled “Zoning”, at Section 3.2 Official Zoning Map, rezoning two (2) properties to comply with designations assigned in the 2017 Narragansett Comprehensive Plan / Land Use Map, said properties being Plat P, Lot 293, Westmoreland Street (R-40 - Residential to IA – Industrial) and Plat L, Lot 282, 1156 Point Judith Road (R-10 Residential to BA- Limited Business). Council President Mannix noted the Council had asked the Community Development Department to develop a list of uses for the property identified as Plat P, Lot 293 on Westmoreland Street. Community Development Director Michael DeLuca said the zone uses were reviewed and the suggested limitations have been submitted, including the elimination of 51 uses. He said those suggestions were communicated to the property owner. Patrick Dougherty, Esq. said his client was satisfied with the proposal. Motion so unanimously voted. Second reading scheduled for August 5, 2019.

ENGINEERING DEPARTMENT

35. Motion by Councilor Lawler, seconded by Councilor Lema to approve the contract amendment with DiPrete Engineering, Inc., for administrative services during construction for the William C. O’Neill Bike Path, in the amount of $19,775.00 and at their quoted hourly rates. Council President Mannix noted this is a reimbursable expense. Motion so unanimously voted.

36. Motion by Councilor Lawler, seconded by Councilor Lema to approve the Lease Agreement with T-Mobile for communications equipment at the Point Judith Water Tank site. Engineering Department Director Jonathan Gerhardt said there would be some modification of equipment but no new antennas. He said the rent amount and term would be consistent with other communications tenant leases, and T-Mobile was in the process of going through the building permit process. Councilor Murray noted there are some new antenna units that require no municipal approval, and some towns were charging a fee per unit. Director Gerhardt said he would investigate.

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POLICE DEPARTMENT

37. Motion by Councilor Lawler, seconded by Councilor Lema to approve the purchase of one (1) new video surveillance system for the Public Safety Building from LAN-TEL Communications, Inc., in the amount of $63,041.76. Responding to Councilor Pugh, Manager Corrigan said four cameras would be added to the current sixteen, which would be directed to public safety property only. Responding to Councilor Murray, Information Technology Director Daniel Holland confirmed it is less expensive to go with a wired system instead of wireless. Mr. Vangermeersch asked if this was the only cost of surveillance. Manager Corrigan replied it was for the purchase of cameras inside and out, and there was no ongoing maintenance fee. Motion so unanimously voted.

38. Motion by Councilor Lawler, seconded by Councilor Lema to approve the purchase and installation of new carpet tiles for the Police Department from Shaw Industries, Inc., pursuant to the Sourcewell contract, in the amount of $13,933.99. So unanimously voted.

39. Motion by Councilor Lawler, seconded by Councilor Lema to accept the FY2016 Byrne/ Justice Assistance Grant (JAG) award entitled, “Technology Update 2016”, in the amount of $15,205.00. So unanimously voted.

40. Motion by Councilor Lawler, seconded by Councilor Lema to approve the purchase of eight (8) Tasers, a Taser training suit, three (3) Taser holsters and a training target for the Police Department from Axon Enterprises, Inc., in the amount of $15,205.00. So unanimously voted.

INFORMATION TECHNOLOGY DEPARTMENT

41. Motion by Councilor Lawler, seconded by Councilor Lema to approve the annual software maintenance agreement with Vision Government Solutions, in the amount of $17,791.00. So unanimously voted.

42. Motion by Councilor Lawler, seconded by Councilor Lema to approve the PC Replacement Program with Zones Inc., in the amount of $35,941.38. So unanimously voted.

43. Motion by Councilor Lawler, seconded by Councilor Lema to approve the purchase of Microsoft Office 2019 from Dell Inc., in the amount of $10,577.60. So unanimously voted.

44. Motion by Councilor Lawler, seconded by Councilor Lema to approve the renewal of the MUNIS Application Services with Tyler Technologies Inc. in the amount of $60,419.00 for Fiscal Year 2020. So unanimously voted.

45. Motion by Councilor Lawler, seconded by Councilor Lema to approve the Network Infrastructure Upgrade Project for Information Technology from three (3) vendors: Zones LLC, Third Millennium Communications, Inc., and Velocity Solutions for a total

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amount of $84,436.28. Director Holland introduced staff member Caleb Seekell. Mr. Seekell reported no major upgrades to the system had been made since 2001, and this project would expand on what is in place, and replace aging equipment. Ms. Celeberto asked if this would make it easier for employees to retrieve public information, noting she had received notice that she would be charged $15 per hour for future APRA requests. Director Holland replied that although it would increase the speed of data crossing the network, it would not increase the speed of retrieval, which requires human labor to collect and report.

TOWN COUNCIL

46. Motion by Councilor Pugh, seconded by Councilor Murray to request a professional appraisal for the real property located at the former Belmont/IGA Building and 59 parking spaces (the “Library Unit”) AND the building currently occupied by Pier Liquors and 9 parking spaces (the “Liquor Store Unit”) AND the strip of parking spaces abutting the Town of Narragansett’s Public Safety building and running to Caswell Street ("Parcel C"), plus the additional real property described in the Purchase & Sales Agreement approved by the Town on March 5, 2018 and executed on March 12, 2018. Council President Mannix cautioned that this subject is related to discussions taking place in executive session. Councilor Murray noted the sale of the Trio building on June 14 for $2.8 million. He said this was a basic request for an updated appraisal of the “Belmont” building, based on this new comparable sale. Councilor Pugh said his and Councilor Murray’s prior proposal to publicly list the property for sale was rejected by the majority of the Council. Since there is a more affluent influx into the area, it would be prudent and responsible to know the true value of the property before going into negotiations for sale. Theodore DiStefano questioned why this is the subject of executive session. Council President Mannix replied they are trying to get the best price for taxpayers. Mr. Vangermeersch said he had visited the property and remains stunned that we ever made that deal. He said the second floor was useless, and reiterated there were three distinct parcels involved. Carol Fortin encouraged the Council to get an appraisal to ensure fiscal responsibility. Gloria Roman said the Council should have advertised the sale to draw buyers, and said they need a current appraisal to be fiscally responsible. Mr. Wojciechowski said he understood the Town had appraisals before the purchase, and felt repeat appraisals would be unwise. Mary Nadeau said there was a need for a current appraisal and marketing. Ms. Shabshelowitz said there should be no discussion of selling, as this is the site of the new library. Ms. Celeberto said the discussion needed to be kept on track, and that two appraisals had already been done. Responding to Councilor Lawler, Solicitor Davis said there were 8 or 9 exceptions to the Open Meeting Act enumerated in the state law, and negotiations involving real estate are clearly an allowed exemption. Councilor Murray said the last updated appraisal cost $2,500, and the Trio sale is very important new information to be considered. Councilor Pugh said a year ago, the cost for a new library to the average property owner would have been $32 per year. Since then, the market has changed, with a 25% increase in residential values. He said the secrecy of executive session was a problem, and the Council was being willfully ignorant of the true value. Nancy DiNuccio said she

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hoped Council members who vote against the motion would explain why. Laurie Kelly said Councilors Mannix and Lawler had said in the past that executive sessions were optional. Council President Mannix said he had stated discussion in open session at the end of the process would be appropriate. Ms. Kelly said the Maury Loontjens Library is now worth over $1 million, and said the Council should allow the Library Board of Trustees to move the library into the Belmont building and to sell the existing library. She said Council should also restore operating funding. Councilor Lawler said an empty shell for many years (Belmont building) cannot be compared to a corner lot, ocean view, built-out restaurant unit (Trio). Councilor Murray said going forward with the sale of the building served to create a false narrative going into next election. Responding to Councilor Pugh, Solicitor Davis said obtaining another appraisal would have no bearing on the executive session. Councilor Lawler said her thought process on voting against it does. Motion failed with two in favor, Councilors Mannix, Lawler and Lema opposed.

OPEN FORUM:

Ms. DiNuccio said she hoped Council would be able to report out on the Town Manager selection process.

Ms. Fortin referred to a public safety hazard on the Bonnet Shores causeway, especially on weekends, due to pedestrian congestion and vehicular traffic. Additionally, she said she was disappointed on the vote not to seek a new appraisal. She also asked what happened to the RFP for the current library. She added that she thought the process of going into executive session was wrong. Manager Corrigan said he would look into the safety issues.

Suzan Amoruso said the Maury Loontjens Memorial Library was the Readers’ Digest state winner of Nicest Place in America, and is now in the running for national recognition. She asked everyone to vote for the library.

Mr. DiStefano read from a published opinion letter about support for the library.

Mr. Wojciechowski said one third of Narragansett’s population voted for a new library, although 67% is what is quoted. He said perhaps a library assessment should be explored for those who want a new library. He asked if the current library is the best place, then why are we evicting them. Perhaps additions should be put on and the library should stay there with expanded hours.

Ms. Nadeau said 67.9% of those who chose to vote voted for the library. She said staying at the current location does not address the issues of parking or state funding.

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EXECUTIVE SESSION:

Motion by Councilor Lawler, seconded by Councilor Lema to retire to Executive Session of the Town Council in accordance with RI General Laws §42-46-4 and §42-46-5(a) for the following purposes:

 Real Estate – acquisition or lease of real property (former Belmont property) for public purposes, or of the disposition of publicly held property in accordance with RIGL 42-46- 5(a)(5).  Personnel – salary ranges for non-union and senior management employees, in accordance with §42-46-5(a)(1).  Personnel – discussion regarding Town Manager position, in accordance with RIGL 42- 46-5(a)(1).

Roll Call Vote: Council President Mannix: Aye Council President Pro Tem Lawler: Aye Councilor Lema: Aye Councilor Murray: Aye Councilor Pugh: Nay

ADJOURNMENT: 9:23 PM.

ATTEST: MINUTES ACCEPTED AS PRESENTED: August 19, 2019

Theresa C. Donovan, CMC Theresa C. Donovan, CMC Council Clerk Council Clerk

A digital format has been made a part of the record for a complete account of the Council meeting. https://www.youtube.com/watch?v=-imwIjzH47k