CITY OF NEWPORT
AUGUST 28, 2019
(Approved 9/25/19
The following items of business, filed with the City Clerk under the Rules of the Council, came before the Council at its regular meeting to be held on August 28, 2019 at 6:30 p.m.
The CITY CLERK called the roll, and the following members were present:
| JAMIE BOVA | LYNN UNDERWOOD CEGLIE |
| ANGELA MCCALLA | JUSTIN S. MCLAUGHLIN |
| SUSAN TAYLOR | JEANNE-MARIE NAPOLITANO |
| KATHRYN E. LEONARD | |
CITIZENS’ FORUM:
Charles Clark, 101 Washington St.
(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 July 24, 2019 (Approve)
b. Special Events:
1) Newport Restoration Foundation, d/b/a Doris Duke Preservation Awards, Rough Point; September 6, 2019 from 6:00 p.m. to 8:30 p.m.
2) Triton Insurance Agency, d/b/a Newport Boat Show Opening Party, Newport Shipyard; September 12, 2019 from 6:00 p.m. to 9:00 p.m.
3) Historic Wharves Associates, Inc.., d/b/a Newport International Boat, Market Square & Bowens’ Wharf; September 9-16 from 10:00 a.m. to 6:00 p.m. and Sunday from 10:00 a.m. to 5:00 p.m.
4) NewportFilm, Inc., d/ba/ NewportFIlm Screening of "Game Changes", Cardines Field; September 10, 2019 from 5:00 p.m. to 10:00 p.m.
5) Discover Newport, d/b/a Harbor Lights Newport, waterfront from Shipyard to West Deck; September 20 & 21, 2019 from 7:00 p.m. to 10:00 p.m.
6) Paul A. Hafner, Jr., d/b/a Wiffleball Tournament, Morton Park; September 28, 2019 from 10:00 a.m. to 4:00 p.m.
7) Newport Boxfit, LLC, d/b/a Newport Boxfit Boxing Event, Boys & Girls Club of Newport County; November 23, 2019 from 3:00 p.m. to 8:00 p.m.
c. Private Detective License, Renewal, Michael J. Clarke, d/b/a Archangel Investigations & Protection, Inc., 101 Washington St.
d. Waste Hauler License, Renewal, Lawrence Waste Services, 49 Alder St., Medway, MA
e. Communication from Brian & Gail Maher, re: Request to hold a block party on Marin St., September 7, 2019 from 6:00 p.m. to 10:00 p.m. - Rain date, September 8, 2019 (Approve subject to details being worked out with city administration)
f. Communication from Charles S. Adams, re: Request to hold a block party from Catherine St. to Pell St. on September 21, 2019 from 4:00 p.m. to 7:30 p.m. - Rain date, September 22, 2019 (Approve subject to details being worked out with city administration)
g. Communication from David P. Martland, Esq., re: Petition of Carpionato Properties, Inc. and Admiral Newport, LLC to Amend Zoning Ordinance Mixed-Use Planned District (Receive and refer to the Planning Board for a recommendation)
h. Communication from J. Russell Jackson, Esq., re: Petition to Rezone- ARC HTNNEWR1001, LLC, 2 Kay St., TAP:21, Lot:123 (Receive and refer to the Planning Board for a recommendation)
COUNCILOR TAYLOR moved to approve the Consent Calendar in its entirety. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
Note: Vacancies currently or soon will exist on the following Boards and Commissions:
Affirmative Action Commission, Beach Commission, and Hospitality Commission
Appointments
Aquidneck Island Planning Commission – Peter Janaros (3-year term ending 7/23/22)
COUNCILOR TAYLOR moved to reappoint Peter Janaros to the Aquidneck Island Planning Commission. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
3. Chess tables at the Martin Luther King Jr. Center- L. Ceglie, J. Napolitano
COUNCILOR CEGLIE introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council regarding moving the chess tables and illegal activity which is occurring. COUNCILOR MCLAUGHLIN moved to amend the resolution to request the City Manager work with the Police Chief to address the problems occurring in the park. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY. MAYOR BOVA moved to approve the resolution as amended. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
4. Amending Section 5.12.040 of the Codified Ordinances, entitled, “Number of License Permitted” (First Reading)- Continued from June 26, 2019
COUNCILOR TAYLOR moved to table the ordinance. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
5. Amending Title Five of the Codified Ordinances entitled, Business Licenses & Regulations to add a new Chapter 5.57 entitled, “Mobile Food Establishments” (Second Reading)- Continued from August 14, 2019
COUNCILOR TAYLOR moved to approve the ordinance as amended. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR MCCALLA moved to amend section 5.57.010 to allow for no more than two parking spaces permitted for an MFET. Seconded by COUNCILOR TAYLOR. Discussion occurred among the Council and Assistant Solicitor Galvin regarding the proposed amendment. The vote on the motion to approve was VOTED UNANIMOUSLY.
COUNCILOR MCCALLA moved to amend section 5.57.040 subsection C to allow MFET’s within 250 feet of existing restaurants in zones where restaurants are allowed. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council. The vote on the motion to amend the ordinance was voted 4-3 with COUNCILOR CEGLIE, COUNCILOR NAPLITANO and COUNCILOR LEONARD opposed.
COUNCILOR MCCALLA moved to amend section 5.57.040 subsection D to allow for MFEC’s to be within 250 feet of existing restaurants in zones where restaurants are allowed. Seconded by COUNCILOR TAYLOR. Discussion occurred among the Council. Assistant Solicitor Galvin suggested amending the language to add where restaurants are allowed by right. The motion failed 3-4 with COUNCILOR CEGLIE, COUNCILOR NAPOLITANO, COUNCILOR MCLAUGHLIN and COUNCILOR LEONARD opposed.
Kaley Mosher, 48 Almy St. addressed the Council regarding the amendments.
COUNCILOR MCCALLA moved to amend section 5.57.040 subsection E to change the hours of operation to 11:00 a.m. to 8:00 p.m. in residential districts and 11:00 a.m. to 10:00 p.m. in business districts. Seconded by COUNCILOR TAYLOR. Discussion occurred among the Council. The vote on the motion to amend the hours failed 1-6 with COUNCILOR MCCALLA in favor.
COUNCILOR TAYLOR moved to amend section 5.57.040 subsection C to add the language “by right”. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
MAYOR BOVA moved to adopt the ordinance as amended. Seconded by COUNCILOR MCLAUGHLIN.
Michael Farley, 26 Hunter Ave. addressed the Council regarding the ordinance.
The motion to adopt the ordinance as amended was VOTED UNANIMOUSLY.
6. Communication from Audrain Automobile Museum, re: Event Signage Plan for Audrain’s Newport Concours & Motor Week October 3-6, 2019 and request to change the time of the Bellevue Avenue street closure previously approved
John Boxer and Nicole Kowalsick addressed the Council regarding the sign plan and submitted a revised plan reducing the number of signs requested. COUNCILOR MCLAUGHLIN moved to receive the revised plan. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
MAYOR BOVA moved to approve the request with the condition that signs are placed no closer than one third of a mile apart and they are checked daily. Seconded by COUNCILOR TAYLOR and VOTED 6-1 with COUNCILOR MCLAUGHLIN opposed.
COUNCILOR TAYLOR moved to approve the request to change the time of the street closure of Bellevue Ave. on October 5, 2019. Seconded by COUNCILOR CEGLIE and VOTED 6-1 with COUNCILOR MCLAUGHLIN opposed.
7. JAED Studios-Newport Public Schools Joint Committee Meeting Presentation (Receive)
MAYOR BOVA moved to receive the presentation. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
8. Newport Public Schools RIDE Stage 1 Application - Draft (Receive)- A copy is available on file in the City Clerk’s Office
Phillip Conte and Kate Jessup addressed the Council regarding the presentation and gave an overview of the RIDE Stage 1 application. Discussion occurred among the Council. COUNCILOR NAPOLITANO requested the administration to provide an accounting of expenses for Studio JAED.
MAYOR BOVA moved to receive the report. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
9. Action Item #5875/19 – RE: Edward King House Window Restoration: Project SPG-17-02, Change Orders (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
10. Action Item #5876/19 – RE: Edward King House Sewer Emergency Repair – Change Order (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
11. Action Item #5877/19 – RE: Award of Bid # 19-044 – Roadway Improvement Program CDBG 2019 (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
1. Action Item #5855/19 – RE: Show Cause Hearing: Unity 3, LLC, d/b/a Area - Violations of the Conditions of the Class BL Alcoholic Beverage License – Abandonment of License- Continued from June 26, 2019
City Solicitor Behan addressed the Board regarding the status of the license and communication from Rui Reis.
Rui Reis, addressed the Board regarding progress made to reinstate the LLC with the Secretary of State’s office. COUNCILOR MCLAUGHLIN moved to receive the communication from Rui Reis. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
COMMISSIONER CEGLIE moved to continue the hearing to October 23, 2019. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.
COMMISSIONER TAYLOR moved to adjourn as Board of License Commissioner and reconvene as Council. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.
4. Amending Section 5.12.040 of the Codified Ordinances, entitled, “Number of License Permitted” (First Reading)- Continued from June 26, 2019
COUNCILOR TAYLOR moved to continue the ordinance to October 23, 2019. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN- 8:30 p.m.