CITY OF NEWPORT
MINUTES FOR THE COUNCIL MEETING
APRIL 24, 2019
(Approved 6/12/2019)
The following items of business, filed with the City Clerk under the Rules of the Council, came before the Council at its regular meeting held on April 24, 2019 at 6:30 p.m.
~Proclamation Honoring Mental Health Month May 2019~
MAYOR BOVA read the proclamation into the record.
CITIZENS’ FORUM:
(THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)
a. Minutes of the meetings held March 13, 2019 (Approve)
b. Special Events:
1) St. Michael’s Country Day School, d/b/a St. Michael’s Country Day School Fundraiser, 180 Rhode Island Ave.; May 18, 2019 from 6:00 p.m. to 11:00 p.m.
2) C. Thomas Claggett, Jr., Memorial Clinic & Regatta, Inc., d/b/a Sail into Summer Cocktail Party & Auction Fundraiser, Easton’s Beach Rotunda; May 23, 2019 from 6:00 p.m. to 8:00 p.m.
3) Elmwal Associates, LLC, d/b/a Free Summer Concert Series, Shops at Long Wharf; various dates from May 25, 2019 through October 5, 2019 from 1:00 p.m. to 5:00 p.m.
REMOVED: 4) Sankofa Community Connection, d/b/a Day of Renewal: A Celebration of African American Culture & Diversity, Great Friends Meeting House; June 15, 2019 from 11:00 a.m. to 3:00 p.m.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR NAPOLITANO. COUNCILOR TAYLOR recognized the event a great community tradition. The vote on the motion to approve was VOTED UNANIMOUSLY.
5) RI Turnpike & Bridge Authority, d/b/a Pell Bridge 50th Celebration Event, Fort Adams State Park; June 28, 2019 from 6:00 p.m. to 11:00 p.m. (Fireworks- 30 minute display beginning at 9:15 p.m.)
6) Boys & Girls Club of Newport County, d/b/a Newport Yacht Rendezvous, Newport Shipyard, 1 Washington St.; August 9, 2019 from 5:30 p.m. to 10:30 p .m.
7) Rec Reunion Association, d/b/a Rec Reunion, Miantonimi Park, MLK Courts and MLK Center; August 10 & 12, 2019 from 10:00 a.m. to 4:00 p.m. and August 13, 2019 from 6:00 p.m. to 9:00 p.m.
c. 2019 Holiday Selling License Renewals (List Attached)
d. 2019 Annual Report- Board of Tax Appeals (Receive)
e. Communication from Carlos C. Machado, Division Administrator, U.S. Department of Transportation, Federal Highway Administration, Rhode Island Division, re: Sakonnet River Bridge Rescission of 2013 Record of Decision (ROD) (Receive)
f. Communication from Christian James Potterton, Culture Intern, Every Town For Gun Safety, re: 5th Annual National Gun Violence Awareness Day and the 2019 Wear Orange Campaign- June 7, 2019 (Approve subject to details being worked out with city administration)
g. Communication from Dennis Zambrotta, President, Newport County Salt Water Fishing Club, Inc., re: Proposed parking ban at long time Fishermen’s Parking Area, Ocean Avenue, south of entrance to Castle Hill (Receive)
h. Communication from Art Garofalo, re: Parking on Ocean Dr. near Castle Hill Entrance (Receive)
i. Communication from Julie & Mark Wichern, re: Parking Petition Ocean Dr. near Castle Hill Entrance (Receive)
COUNCILOR TAYLOR moved to approve the Consent Calendar in its entirety with the exception of items b(4). Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
2. Victualing License, New, Brian Holder, d/b/a 12 Metre Café, 18 Market Sq.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
3. Daily Entertainment License, Class A (Indoors) SSR Corp, d/b/a Sardella’s/Imbriglio’s, 32-34 Memorial Blvd., May 1, 2019 from 5:00 p.m. to 11:00 p.m.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
4. Sound Variance License, Boys & Girls Club of Newport County, Newport Shipyard, August 9, 2019 from 5:30 p.m. to 10:30 p.m. (Hearing)
COUNCILOR CEGLIE moved to close the public hearing and approve the license. Seconded by COUNCILOR TAYLOR. COUNCILOR MCLAUGHLIN moved amend the application to stipulate the decibel level not to exceed 75. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY. MAYOR BOVA moved to approve as amended. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
5. Entertainment License, New, Class A (indoors), Liquor Thames, LLC, d/b/a Bar and Board, 282 Thames St. first and second floors (Hearing)
COUNCILOR CEGLIE moved to close the public hearing and approve the license. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
6. 2019 Sidewalk Café Renewals:
a. Ben’s Chili Dogs, LLC, d/b/a Ben’s Chili Dogs, 158 Broadway
b. Stone Soup, LLC, d/b/a Caleb and Broad, 162 Broadway
c. Fitzsimoes, LLC, d/b/a Corner Café, 110 Broadway
d. Newport Bubble Tea, LLC, d/b/a Empire Tea & Coffee, 22 Broadway
e. ETCGroup, LLC, d/b/a Empire Tea & Coffee, 112 William St.
f. Fastnet, Inc., d/b/a Fastnet, The, 1-3 Broadway
g. 2paddysandacanuck, LLC, d/b/a Fifth Element, The, 107-111 Broadway
h. Harry’s Newport Burger, LLC, d/b/a Harry’s Bar and Burger, 464 Thames St.
i. Monkey Business, LLC, d/b/a Hungry Monkey, The, 124 Broadway
j. Leos Market, LLC, d/b/a Leos Market, 162 Broadway
k. Leinster, Inc., d/b/a Malt, 150-154 Broadway
l. Nick’s Fine Foods, Inc., d/b/a Nikolas Pizza, 38 Memorial Blvd. W
m. NDC Enterprises, d/b/a Norey’s, 156 Broadway
n. Howley Bread, d/b/a Panera Bread, Long Wharf Mall
o. Parlor, LLC, d/b/a Parlor Bar & Kitchen, 200 Broadway
p. Picnic Ltd., d/b/a Picnic, 28 Bellevue Ave.
q. MBK, LLC, d/b/a Pour Judgement, 32 Broadway
r. Restaurant Bouchard, Inc., d/b/a Restaurant Bouchard & Revolving Door, 505-509 Thames St.
s. Salvation Café Inc., d/b/a Salvation Café, 140 Broadway
t. BKA Industries, Inc., d/b/a Scales & Shells, 527 Thames St.
u. Kale Stems, LLC, d/b/a Stoneacre, 28-30 Washington Sq.
v. Broadway Tavern, LTD, Tavern on Broadway, 16-18 Broadway
COUNCILOR TAYLOR moved to approve the sidewalk café licenses. Seconded by COUNCILOR CEGLIE. COUNCILOR MCLAUGHLIN requested for staff to review the plan for Fastnet which may not allow for handicap access at the corner of Courthouse St. The vote on the motion to approve was VOTED UNANIMOUSLY.
Note: Vacancies currently or soon will exist on the following Boards and Commissions:
Affirmative Action Commission, Beach Commission, and Hospitality Commission
Reappointments:
Waterfront Commission- David J. Kane (2nd term- 1/11/19-1/11/22)
COUNCILOR TAYLOR moved to reappoint David J. Kane to the Waterfront Commission. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
8. Opera House Historic Tax Credits- J. Napolitano, L. Ceglie
COUNCILOR NAPOLITANO introduced the resolution and moved for its passage. Seconded by COUNCILOR CEGLIE. COUNCILOR NAPOLITANO moved to amend the resolution to allow for an extension of three years for the tax credit as opposed to two. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY. MAYOR BOVA moved to approve the resolution as amended. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
9. School Unification- L. Ceglie, J. Bova, S. Taylor, K. Leonard, J. Napolitano, A. McCalla
COUNCILOR CEGLIE introduced the resolution and moved for its passage. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council regarding the resolution. COUNCILOR MCLAUGHLIN moved to amend the resolution to state the Mayor would initiate the discussion with Middletown. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY. Further discussion occurred among the Council regarding unification. MAYOR BOVA moved to adopt the resolution as amended. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
10. Supporting legislation introduced into the R.I. General Assembly- 2019 H-5669- regarding School Waste Recycling and Refuse Disposal- S. Taylor, J. Bova, L. Ceglie, A. McCalla
COUNCILOR TAYLOR introduced the resolution and moved for its passage. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council regarding the resolution. CITY MANAGER NICHOLSON, addressed the Council to answer questions. Colleen Burns Jermain, Superintendent, addressed the Council regarding the resolution. COUNCILOR NAPOLITANO moved to continue the resolution to May 8, 2019 and forward it to the School Committee for their input and recommendation. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
11. Cranston-Calvert School project- J. Bova, J. McLaughlin,
COUNCILOR TAYLOR introduced the resolution and moved for its adoption. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council regarding the resolution. City Solicitor Behan addressed the Council to answer questions. COUNCILOR MCLAUGHLIN moved to amend the resolution to add the phrase “as legally allowable” after the word preference. Seconded by COUNCILOR TAYLOR. CITY MANAGER NICHOLSON addressed the Council to answer questions. The vote on the motion to amend the resolution failed 3-4 with COUNCILOR NAPOLITANO, COUNCILOR CEGLIE, COUNCILOR TAYLOR and COUNCILOR LEONARD opposed.
Discussion continued between the Council, CITY SOLICITOR BEHAN and CITY MANAGER NICHOLSON. COUNCILOR MCLAUGHLIN moved to amend the resolution to remove the word “young”. Seconded by MAYOR BOVA. COUNCILOR MCLAUGHLIN moved to continue the resolution to May 8, 2019. Seconded by COUNCILOR NAPOLITANO and voted 6-1 with COUNCILOR LEONARD opposed.
12. Supporting legislation introduced into the R.I. General Assembly- 2019 –H 5561 regarding Emergency Management Training- J. Bova, S. Taylor, A. McCalla
COUNCILOR TAYLOR introduced the resolution and moved for its passage. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council. The vote on the motion to approve was voted 4-3 with COUNCILOR CEGLIE, COUNCILOR LEONARD and COUNCILOR NAPOLITANO opposed.
13. Amending Chapter 12.28.020 of the Codified Ordinances, entitled, “Definitions, dinghy” (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
14. Amending Chapter 3.16.060, entitled “Pay Schedule for classified service -Council 94 Municipal Employees” (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
15. Amending Chapter 12.28.100, entitled, City piers and docks (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR TAYLOR moved to amend subsection (1) of the ordinance to add “and only through a permit issued by the Harbormaster”. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY. MAYOR BOVA moved to adopt subsection (1) as amended. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved approve subsection (2) of the ordinance on first reading. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR TAYLOR moved to amend subsection (2) to change the definition of dinghy to “no greater than 12 feet”. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY. MAYOR BOVA moved to adopt the ordinance as amended. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
16. Amending Chapter 12.28.200, entitled, Fees and Fines (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR TAYLOR moved to amend the ordinance by changing the language to “Resident non-mooring holder Permit for Dinghy Berthing Areas Annual Fee: Fifty dollars ($50)”. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY. MAYOR BOVA moved to adopt the ordinance as amended. Seconded by COUNCILOR LEOANRD and VOTED UNANIMOUSLY.
17. Communication from Craig Condella, PhD, Associate Professor, Salve Regina University, re: Public Shoreline Access
Craig Condella, PhD, addressed the Council and introduced undergraduate students from Salve Regina University to present their findings to the Council. Discussion occurred among the Council regarding their findings. MAYOR BOVA thanked the students for the presentation.
18. Update from the City Manager re: Condition of James L. Maher Center
CITY MANAGER NICHOLSON provided an update to the Council regarding the condition of the James L. Maher Center. Discussion occurred among the Council regarding the building and potential use.
19. Memorandum from the City Manager RE: Parking Proposal and Fee Structures
CITY MANAGER NICHOLSON introduced the memorandum to the Council. Discussion occurred among the Council regarding the proposal. COUNCILOR NAPOLITANO moved to receive the communication and endorse moving forward with the recommendation from the City Manager. Seconded by COUNCILOR LEONARD and VOTED 6-1 with COUNCILOR MCLAUGHLIN opposed.
20. Action Item #5843/19 – RE: Award of Contract for ERP, Billings & Collection and Utility Billings Systems (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE. COUNCILOR LEONARD had questions regarding the contract. Laura Sitrin, Finance Director, addressed the Council to answer questions. The vote on the motion to approve was VOTED UNANIMOUSLY.
21. Action Item #5844/19 – RE: Rhode Island Resource Recovery Corporation – Solid Waste and Recycling Services Agreement (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE. Discussion occurred among the Council regarding the agreement. CITY MANAGER NICHOLSON addressed the Council to answer questions. The vote on the motion was VOTED UNANIMOUSLY.
22. Action Item #5845/19 – RE: Award of Bid #19-031 - Window Restoration and Repair – Edward King House (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE who went on to thank Carmella Geer for her work at the Edward King House. The vote on the motion was VOTED UNANIMOUSLY.
23. Action Item #5846/19 – RE: Award of Contract - RFP #19-041, Watersports Concessions at Easton’s Beach (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to adjourn as Council and convene as the Board of License Commissioners. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
1. Class F Daily Liquor License, Fort Adams Trust, Inc., Food Truck Festival, Fort Adams State Park, May 18, 2019 from 11:30 a.m. to 4:30 p.m.
COMMISSIONER TAYLOR moved to approve the license. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN- 8:50 p.m.
HOLIDAY SELLING RENEWALS
| d/b/a | Owner | Address |
| Bite Me Live Bait | Arkwear, Inc. | 337 Thames St.-Perry Mill Unit 1, 16 |
| Brahmin | Brahmin Leather Works, LLC | 22 Bannisters Wharf |
| Humidor Smoke Shop, | Humidor, LLC, The | 182 Thames St. |
| K & K Food Mart | K & K Food Mart Inc. | 10 Connell Highway |
| Karol Richardson | Karol Richardson, Inc. | 24 Washington Square |
| Kristina Richards | Kristina Richards LLC | 108 William St. |
| Lululemon Athletica | LULULEMON USA Inc. | 17 Touro St. |
| Newport Video | North-East Sales, Inc. | 228 JT Connell Highway |
| Pink Pineapple | Pink Pineapple, LLC | 380 Thames St. |
| Shore Soap Company | Shore Soap Company, LLC | 302 Thames St. |
| The Coffee Guy | The Coffee Guy, LLC | 7 Carroll Ave. |