CITY OF NEWPORT
FEBRUARY 13, 2019
(Approved-4/10/2019)
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 February 13, 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 | JEANNE-MARIE NAPOLITANO |
| SUSAN TAYLOR | JUSTIN S. MCLAUGHLIN |
| KATHRYN E. LEONARD | |
Proclamation honoring the 2018 Employee of the Year – Sandra Henderson
Mayor Bova presented the proclamation to Sandra Henderson.
(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 December 1, 2018, December 12, 2018 January 3, 2019 (Approve)
b. Special Events:
1) The Beechwood Foundation d/b/a The Marley Bridges Theatre Company, d/b/a Mystery at the Museum: Kiss of Death, Newport Art Museum; 2/9, 2/16, 2/23, 3/2, 3/9 and 3/16 from 6:30 p.m. to 8:30 p.m.
Removed 2) Marketing and Events, Inc., d/b/a 31st Newport Winter Festival, various locations throughout the city; February 15-24, 2019
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR LEONARD. COUNCILOR CEGLIE had questions regarding the application. The vote on the motion to approve was VOTED UNANIMOUSLY.
3) Rhode Island Arts Foundation at Newport, Inc., d/b/a Classical Music Concert, Newport Art Museum; March 1, 2019 from 6:00 p.m. to 9:00 p.m.
4) LMG Rhode Island Holdings d/b/a Newport Life Magazine, d/b/a 17th Annual Newport Bridal Show, Rosecliff, 548 Bellevue Ave. & Oceancliff, 65 Ridge Rd.; March 3, 2019 from 11:00 a.m. to 4:00 p.m.
5) Newport This Week, d/b/a A Night to Remember, Rosecliff, 548 Bellevue Ave.; March 22, 2019 from 7:00 p.m. to 10:00 p.m.
6) The Beechwood Foundation d/b/a The Marley Bridges Theatre Company, d/b/a Mystery at the Museum: Last Call, Newport Art Museum; 3/30, 4/6, 4/13, 4/20, 4/27, 5/4 and 5/11 from 6:30 p.m. to 8:30 p.m.
7) Michelle Leys, d/b/a My Best Friend’s Closet Consignment Sale, The Elks Lodge; 4/4/2019-4/7/2019 from 9:00 a.m. to 8:00 p.m.
8) Save the Bay, Inc., d/b/a Save the Bay Earth Day Birthday, Easton’s Beach, Exploration Center and Rotunda; April 27, 2019 from 10:00 a.m. to 4:00 p.m.
9) Star Kids Scholarship Program, d/b/a Star Kids Annual Gala, Ochre Court; May 4, 2019 from 5:00 p.m. to 9:00 p.m.
10) Clean Ocean Access, d/b/a World Oceans Day, Easton’s Beach Rotunda; June 6, 2019 from 6:00 p.m. to 9:00 p.m.
11) Newport Public Library, d/b/a We’re Back- A Novel Evening, Easton’s Beach Rotunda; June 23, 2019 from 6:00 p.m. to 8:30 p.m.
12) IYRS, d/b/a 22nd Annual IYRS Summer Gala, 449 Thames St.; July 6, 2019 from 6:00 p.m. to 12:00 a.m.
13) Clean Ocean Access, d/b/a Paddle for Access, Newport Shipyard, 1 Washington St.; August 17, 2019 from 7:00 a.m. to 11:00 a.m.
14) Clean Ocean Access, d/b/a Swim to Skim, from Perrotti Park to King Park; August 25, 2019 from 6:00 a.m. to 11:00 a.m.
15) The Preservation Society of Newport County:
a. Newport Symposium, Rosecliff & The Breakers; April 11 & 12, 2019 from 5:00 p.m. to 10:00 p.m.
b. Annual Easter Egg Hunt & Brunch, Rosecliff; April 20, 2019 from 10:00 a.m. to 1:00 p.m.
c. The Newport Flower Show, Rosecliff; June 21-23, 2019 from 9:00 a.m. to 10:00 p.m.
d. Annual Summer Dinner Dance, The Elms; August 10, 2019 from 7:00 p.m. to 12:00 a.m.
e. Newport Mansions Wine & Food Festival, Marble House, Rosecliff & The Elms; September 20-22, 2019 from 12:00 p.m. to 12:00 a.m.
f. Holiday Dinner Dance, The Breakers; December 21, 2019 from 7:00 p.m. to 12:00 a.m.
c. Fortune Teller License, New, Jessica Brown, d/b/a Soothing Sorrows, 134 Spring St. Unit 1
d. Private Detective License, New, Pamela M. McDaid, d/b/a PMM Investigation, 50 Eastnor Rd.
e. 2018 Annual Reports:
1. Newport Prevention Coalition
2. Cliff Walk Commission
f. Communication from Clean Ocean Access, re: Cliff Walk Sign Report (Receive)
g. Communication from Clean Ocean Access, re: Cliff Walk Photo Documentary (Receive)
Removed h. Capital Improvement Program FY 2020-FY2024 (Receive and order advertised for public hearing on February 27, 2019) - A copy is available in the City Clerk’s Office and on the website http://www.cityofnewport.com/departments/finance/budgets-cafrs-cips
COUNCILOR TAYLOR moved to receive the CIP. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
i. Communication from Discover Newport, re: Annual audit report for period ending June 30, 2018 (Receive)
Removed j. Communication from Mary Jo Valdes, re: Resignation from the Bicycle and Pedestrian Commission (Receive with regret)
COUNCILRO TAYLOR moved to receive with regret. Seconded by COUNCILOR CEGLIE. COUNCILOR TAYLOR thanked Ms. Valdes for her service the city. The vote on the motion to receive was VOTED UNANIMOUSLY.
Removed k. Popular Annual Financial Report - July 1, 2017 – June 30, 2018 (Receive) http://www.cityofnewport.com/departments/finance/budgets-cafrs-cips
COUNCILOR TAYLOR moved to receive the report. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to approve the Consent Calendar in its entirety with the exception of items b (2), h, j and k. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
2. Victualing License, Renewal, Karma Pizza Company, LLC, d/b/a Karma Pizza, 446 Thames St.
COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
3. Victualing License, New, Newport North Hotel Property, LLC, d/b/a Mainstay Inn, 151 Admiral Kalbfus Rd. (in conjunction with liquor license transfer)
COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
Note: Vacancies currently or soon will exist on the following Boards and Commissions:
Affirmative Action Commission, Beach Commission, and Hospitality Commission
Historic District Commission –Diana Sylvaria (3 year term expiring 2/3/2021) - Continued from January 9, 2019
COUNCILOR TAYLOR moved to reappoint Diana Sylvaria to the Historic District Commission. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
Appointments
Trust & Investment Commission – David Galvin
COUNCILOR TAYLOR moved to appoint David Galvin to the Trust & Investment Commission. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
Historic District Commission – Nancy Stafford
COUNCILOR TAYLOR moved to appoint Nancy Stafford to the Historic District Commission. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
5. Amending Chapter17.20.020, entitled, “Use Regulations” (Second Reading)
COUNCILOR TAYLOR moved to approve the ordinance on second reading. Seconded by COUNCILOR CEGLIE. Discussion occurred among the Council regarding the amendment. The vote on the motion to approve was voted 5-2 with COUNCILOR MCLAUGHLIN and COUNCILOR LEONARD opposed.
6. Amending Chapter 17.20.070, entitled, “Density Requirements” (Second Reading)
COUNCILOR TAYLOR moved to approve the ordinance on second reading. Seconded by COUNCILOR CEGLIE and voted 5-2 with COUNCILOR MCLAUGHLIN and COUNCILOR LEONARD opposed.
7. Amending Chapter Section 17.104.020, entitled, “Parking Space Standards” (Second Reading)
COUNCILOR TAYLOR moved to approve the ordinance on second reading. Seconded by COUNCILOR CEGLIE and was voted 5-2 with COUNCILOR MCLAUGHLIN and COUNCILOR LEONARD opposed.
8. Amending Chapter 10.68.020, entitled, “Restrictions on use” (Second Reading)
COUNCILOR TAYLOR moved to approve the ordinance on second reading. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
9. Amending Ordinance 2018-05, Appropriating Revenues (Second Reading) - Continued from January 9, 2019
COUNCILOR TAYLOR moved to approve the ordinance on second reading. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
10. Amending Chapter 12.28.020 of the Codified Ordinances, entitled, “Definitions” (First Reading)
COUNCILOR TAYLOR moved to approve the ordinance on first reading. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council regarding the amendment. COUNCILOR NAPOLITANO moved to continue the definition of “dinghy” to the February 27, 2019 subject to the Council receiving clarification from the City Solicitor and the Harbormaster. Seconded by COUNCILOR LEONARD and voted 6-1 with COUNCILOR TAYLOR opposed. MAYOR BOVA moved to adopt the definition of “domestic partner” on first reading. Seconded by COUNCILOR LEONARD. Discussion occurred among the Council regarding the ordinance. The vote on the motion to approve was VOTED UNANIMOUSLY.
11. Amending Chapter 12.28.060 of the Codified Ordinances entitled, “Anchoring Regulations” (First Reading)
COUNCILOR TAYLOR moved to approve the ordinance on first reading. Seconded by COUNCILOR CEGLIE. Discussion occurred among the Council regarding the amendment. TIM MILLS, Harbormaster, addressed the Council to answer questions. The vote on the motion to approve was voted UNANIMOULSY.
12. Amending Chapter 12.28.072 of the Codified Ordinances, entitled, “Requests for Mooring Permit, Permit Changes and Transfers (First Reading)
COUNCILOR TAYLOR moved to approve the ordinance on first reading. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council regarding the amendment. Fred Roy, Waterfront Commission, addressed the Council regarding the proposed changes. Scott Welch, 70 Carroll Ave., Unit 609, addressed the Council regarding the changes.
The vote on the motion to approve was VOTED UNANIMOUSLY.
13. Amending Chapter 12.28.073 of the Codified Ordinances, entitled, “Mooring Waiting List” (First Reading)
COUNCILOR TAYLOR moved to approve the ordinance on first reading. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
14. Amending Chapter 12.28.074 of the Codified Ordinances, entitled, “Permit (mooring space) assignment and renewal” (First Reading)
COUNCILOR TAYLOR moved to approve the ordinance on first reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
15. Amending Chapter 12.28.075 of the Codified Ordinances entitled, “Mooring surrender for a season to the city” (First Reading)
COUNCILOR TAYLOR moved to approve the ordinance on first reading. Seconded by COUNCILOR MCLAUGHLIN and voted 6-1 with COUNCILOR LEONARD opposed.
16. Amending Chapter 12.28.076 of the Codified Ordinances, entitled, “Forfeiture of Mooring Permit” (First Reading)
COUNCILOR TAYLOR moved to approve the ordinance on first reading. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council and CITY SOLICITOR BEHAN regarding the changes. Fred Roy addressed the Council. Aaron Jasper, 2 Marsh St., addressed the Council. The vote on the motion to approve was VOTED UNANIMOUSLY.
17. Amending Chapter 12.28.077 of the Codified Ordinances, entitled, “Mooring tackle requirements” (First Reading)
COUNCILOR TAYLOR moved to approve the ordinance on first reading. Seconded by COUNCILOR MCLAUGHLIN. Tim Mills, Harbormaster, addressed the Council regarding the ordinance. The vote on the motion to approve was VOTED UNANIMOUSLY.
18. Amending Chapter 12.28.080 of the Codified Ordinances, entitled, “Seasonal dry storage areas” (First Reading)
COUNCILOR TAYLOR moved to approve the ordinance on first reading. Seconded by COUNCILOR LEONARD. Louisa Boatwright, 46 Second St., addressed the Council regarding the Point section. The vote on the motion to approve was VOTED UNANIMOUSLY.
19. Amending Chapter 12.28.150 of the Codified Ordinances, entitled, “Harbormaster Authority and Duties” (First Reading)
COUNCILOR TAYLOR moved to approve the ordinance on first reading. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR LEONARD had a question regarding an appeal provision. The vote on the motion to approve was VOTED UNANIMOUSLY.
20. Communication from Clean Ocean Access, re: 2018 Q4 Report
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR CEGLIE. David McLaughlin, Clean Ocean Access, addressed the Council regarding the report. The vote on the motion to receive the report was VOTED UNANIMOUSLY.
21. Communication from Colleen Burns Jermain, Superintendent of Schools, re: Update on the Rhode Island Department of Education Letter of Intent and RHS Kickoff event
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR CEGLIE. Colleen Burns Jermain, addressed the Council regarding the communication. The vote on the motion to receive was VOTED UNANIMOUSLY.
22. Action Item #5825/19 - Reduction of Department Budgets and Reserve for School (w/accompany resolution)
COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR NAPOLITANO. Colleen Burns Jermain, Superintendent of Schools, addressed the Council regarding the school department budget. Laura Sitrin, Finance Director, addressed the Council regarding the school department budget to answer questions. The vote on the motion was VOTED 5-2 with COUNCILOR MCLAUGHLIN and COUNCILOR LEONARD.
23. Action Item #5826/19 re: National Grid Petition – Lakeview Avenue at Ledge Road – New Pole and Anchor
COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR MCLAUGHLIN and voted 6-1 with COUNCILOR LEONARD opposed.
24. Action Item #5827/19 – RE: Award of Contract - Administrative Subdivision Plan - RI Master Price Agreement #494 (CR-45) (w/accompanying resolution)
COUNCILOR TAYLOR moved to continue to February 27, 2019. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
25. Action Item #5828/19 – RE: Owner Project Manager (OPM) Contract Amendment---Innovate Newport (w/accompanying resolution)
COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
26. Action Item #5829/19 – RE: Award of Bid # 19-018 - Storer Park & Causeway Seawall Repair Project (w/accompanying resolution)
COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
27. Action Item #5830/19 – RE: RIDOT Subrecipient Agreement – Local Safety Improvements 2019 (w/accompanying resolution)
COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE COMMISSIONERS
1. Class F-1 Daily Liquor Licenses, Preservation Society of Newport County:
a. Newport Symposium, Rosecliff & The Breakers; April 11 & 12, 2019 from 5:00 p.m. to 10:00 p.m.
b. Annual Easter Egg Hunt & Brunch, Rosecliff; April 20, 2019 from 10:00 a.m. to 1:00 p.m.
c. The Newport Flower Show, Rosecliff; June 21-23, 2019 from 9:00 a.m. to 10:00 p.m.
d. Annual Summer Dinner Dance, The Elms; August 10, 2019 from 7:00 p.m. to 12:00 a.m.
e. Newport Mansions Wine & Food Festival, Marble House, Rosecliff & The Elms; September 20-22, 2019 from 12:00 p.m. to 12:00 a.m.
f. Holiday Dinner Dance, The Breakers; December 21, 2019 from 7:00 p.m. to 12:00 a.m.
2. Class F Daily Liquor License, Rhode Island Arts Foundation at Newport, Inc., d/b/a Classical Music Concert; Newport Art Museum; 76 Bellevue Ave.; March 1, 2019 from 6:00 p.m. to 9:00 p.m.
COMMISSIONER TAYLOR moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
3. Action Item #5820/19, re: Show Cause Hearing: Salvation Café, Inc., d/b/a Salvation Café – Operating Without a Valid Class C Alcoholic Beverage License- continued from January 9, 2019
CITY SOLICITOR BEHAN advised the Council regarding the Show Cause hearing. MAYOR BOVA moved to continue the hearing to March 13, 2019. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
4. Action Item #5823/19, re: Show Cause Hearing: Parlor, LLC-Operating Without a Valid Class BV Alcoholic Beverage License- Continued from January 9, 2019
COMMISSIONER TAYLOR moved to dismiss the hearing. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
5. Action Item #5824/18, re: Show Cause Hearing: Mermaids Newport, LLC, d/b/a Poor Richard’s-Benjamin’s-Operating Without a Valid Class BV Alcoholic Beverage License- Continued from January 9, 2019
CITY SOLICITOR BEHAN advised the Council regarding the Show Cause hearing. Paul Boardman, owner, addressed the Council with an update on outstanding items. COMMISSIONER LEONARD moved to continue the hearing to March 13, 2019. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
6. Application of Mainstay LTD, d/b/a Mainstay Inn, 151 Admiral Kalbfus Rd., to transfer its Class BT alcoholic beverage license to Newport North Hotel Property, LLC (Philip Hospod 100%), d/b/a Mainstay Inn, for the same premises (Hearing)
COMMISSIONER TAYLOR moved to close the public hearing and approve the transfer. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
COMMISSIONER TAYLOR moved to adjourn. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN- 9:21 p.m.