CITY OF NEWPORT
JANUARY 9, 2019
(Approved 2/27/2019)
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 January 9, 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 MCLAUGHLIN |
| JEANNE-MARIE NAPOLITANO | SUSAN TAYLOR |
| KATHRYN E. LEONARD | |
CITIZENS’ FORUM:
Evan Altman, 201 Carroll Ave. addressed the Council regarding HDC leadership.
COUNCILOR TAYLOR made a motion to move items 6-15 to the beginning of the meeting. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOULSY.
CITIZENS’ FORUM: (Speakers must sign in with the City Clerk) The Citizens’ Forum period shall be no longer than fifteen minutes, and citizens may address the Council on one subject only and for no longer than three minutes. Issues to be discussed shall not include matters to be considered or discussed as part of the regular Council agenda and must be related to substantive city business. No comments regarding personnel or job performance are allowed.
Section 17.20.020, entitled, “Use Regulations”
Section 17.20.070, entitled, “Density Requirements”
Section 17.104.020, entitled, “Parking Space Standards”
- Recommendation from the Planning Board
MAYOR BOVA opened the public hearing. Peter Regan, Esq., addressed the Council regarding the proposed amendments. Jeffrey Moniz, addressed the Council to answer questions regarding the landscaping of the project. Richard Amundson, 6 Calvert St. , addressed the Council.
COUNCILOR MCLAUGHLIN moved to close the public hearing. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
Discussion occurred among the Council regarding the proposed amendments and development project. CITY SOLICITOR CHRISTOPHER BEHAN, ESQ. and CITY MANAGER JOSEPH J. NICHOLSON, JR., ESQ, addressed the Council to answer questions. COUNCILOR TAYLOR moved to adopt the ordinances on first reading. Seconded by COUNCILOR NAPOLITANO and VOTED 6-1 with COUNCILOR MCLAUGHLIN opposed.
(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 November 14, 2018 (Approve) - continued from December 12, 2018
b. Special Events:
1) Gray Matter Marketing, d/b/a Newport Night Run: A Race For Education, Rogers High School- route attached; April 6, 2019 from 7:30 p.m. to 9:00 p.m.
2) Rhode Island Brewers Guild, d/b/a Newport Craft Beer Festival, Great Friends Meeting House (lawn); April 27, 2019 from 12:00 p.m. to 3:00 p.m. and 4:00 p.m. to 7:00 p.m.
REMOVED 3) Gray Matter Marketing, d/b/a Craft Brew Races Newport, Fort Adams State Park (route attached); July 20, 2019 from 12:00 p.m.to 4:00 p.m.
COUNCILOR LEONARD had questions regarding the road race. Matthew Gray, Gray Matter Marketing, addressed the Council to answer questions. COUNCILOR LEONARD moved to approve the license. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
c. Holiday Selling License, Renewal, Five Below, Inc., d/b/a Five Below, Inc., 199 Connell Highway
d. Tattoo License Renewal, Jennifer Clinch Guertin, d/b/a Anchor Steam Tattoo Gallery, 44 Broadway
e. Arcade License Renewal, Ryan Family Amusements, Inc., 268 Thames St. (48 machines)
f. Mechanical Amusement License Renewals:
1. El Dee Vending, LLC, 80 Osprey Dr., East Greenwich, RI (1 location-9 machines)
2. Newport Music Co., 849 Union St., Portsmouth, RI (18 locations-44 machines)
g. Pool Table License, Renewals:
1. Atlas Vending Inc., 199 Connell Highway (1 table)
2. Fastnet, Inc., 1-3 Broadway (1 table)
3. Hillside & Cappy Inc., 8 Memorial Blvd. (1 table)
4. Friendly Sons of Newport, 3-5 Farewell St. (1 table)
5. El Dee Vending, LLC, 5 Washington St. (1 table)
h. 2018 Annual Reports (Receive):
1. Energy and Environment Commission
2. Tree and Open Space Commission
3. Historic Cemetery Advisory Commission
4. Aquidneck Island Planning Commission (FY/19 Q1)
5. Affirmative Action Commission
i. Reappointment of Scott Wheeler as Tree Warden (Approve)
j. Communication from Dennis P. Sullivan, Chair, St. Patrick’s Day Parade Committee, re: Requesting to be the sole vendor for the 63rd Annual Parade on March 16, 2019 (Approve)
REMOVED k. Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 2018 (Receive) - A copy for review is in the City Clerk’s Office and on the city’s website http://www.cityofnewport.com/departments/finance
COUNCILOR MCLAUGHLIN thanked the finance department for the work they do and requested a copy of additional documents referred to in the report. COUNCILOR NAPOLITANO also thanked the finance department. COUNCILOR MCLAUGHLIN moved to receive the report. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
REMOVED l. Communication from Sean R. Smith, re: Night to Shine Event, February 9, 2019 (Receive and refer to city administration)
COUNCILOR MCLAUGHLIN had comments regarding the request for a waiver of fees and moved to receive the communication. Seconded by MAYOR BOVA who also had additional comments regarding the Council not waiving fees. The vote on the motion was VOTED UNANIMOUSLY.
m. Communication from the Newport Canvassing Authority, re: Certification of the results of the November 6, 2018 General Election (Receive)
COUNCILOR TAYLOR moved to approve the Consent Calendar in its entirety with the exception of items b1, h5, k and l. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
3. Victualing License, New Owner, Lo Bro Taco, LP, d/b/a Lo Bro Taco, 66 Broadway
MAYOR BOVA moved to approve the license. Seconded by COUNCILOR and VOTED UNANIMOUSLY.
4. 2018-2019 Victualing License Renewals (list attached)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
Note: Vacancies currently or soon will exist on the following Boards and Commissions:
Affirmative Action Commission, Beach Commission, and Hospitality Commission
Reappointments
Historic District Commission – Howard Elliott (Term expiring 10/12/2021), Diana Sylvaria (Term expiring 2/3/2021)
COUNCILOR TAYLOR moved to reappoint Howard Elliot to the Historic District Commission. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
MAYOR BOVA moved to continue the reappointment of Diana Sylvaria to the Historic District Commission. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
Waterfront Commission – Paul C. Harden (Term expiring 1/11/2022), Fred Roy (Term expiring 1/11/2022)
COUNCILOR TAYLOR moved to reappoint Paul Harden to the Waterfront Commission. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to reappoint Fred Roy to the Waterfront Commission. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
Appointments
Aquidneck Island Planning Commission – Lola Herrera-Ximinez, Eric M. Martin (2 vacancies)- 3 year term expiring 1/9/2022
COUNCILOR TAYLOR moved to appoint Lola Herrera-Ximinez to the Aquidneck Island Planning Commission Aquidneck Island Planning Commission. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to appoint Eric M. Martin to the Aquidneck Island Planning Commission. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
Bicycle & Pedestrian Advisory Commission – Elizabeth G. Davis (2 vacancies)- 5 year term expiring 1/9/2024
COUNCILOR TAYLOR moved to appoint Elizabeth G. Davis to the Bicycle and Pedestrian Advisory Commission. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
Council Liaison Appointments
1. Affirmative Action Commission (2) – Lynn U. Ceglie, Angela McCalla
2. Aquidneck Island Planning Commission (1) – Lynn U. Ceglie, Justin McLaughlin
3. Bicycle & Pedestrian Advisory Commission (if needed) – Susan D. Taylor
4. Brenton Point Committee (1) – Kathryn E. Leonard
5. City Council/School Liaison Committee (3) – Justin McLaughlin, Angela McCalla, Susan D. Taylor
6. Cliff Walk Commission (Ex-Officio Mayor)(1) – Jamie Bova
7. East Bay Community Action Program (EBCAP)(2)
8. Edward King House Senior Citizens Center (3) – Lynn U. Ceglie, Jeanne-Marie Napolitano
COUNCILOR TAYLOR moved to appoint Councilor Ceglie, Councilor Napolitano and Councilor Taylor to the Edward King House Senior Center. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
9. Energy & Environment Commission (1) – Angela McCalla, Susan D. Taylor
10. Fort Adams Foundation (1) – Kathryn E. Leonard
11. Hospitality Commission (Ex-Officio Mayor)(1) – Jamie Bova
12. Legislative Liaison (2) – Angela McCalla, Susan D. Taylor
13. Miantonomi Park Commission (Ex-Officio Mayor + 1) – Jamie Bova, Angela McCalla
14. Military Affairs Liaison (1 each)
SEA: Susan D. Taylor
OCS:
15. Newport Beach Commission (2)
16. Newport County Chamber of Commerce Liaison (2) – Lynn U. Ceglie, Susan D. Taylor
17. Newport Film (1) – Kathryn E. Leonard
18. Newport Partnership for Families (1) – Lynn U. Ceglie, Justin McLaughlin
19. Newport Prevention Coalition (1)
20. Newport Public Education Foundation (1) – Angela McCalla
21. Newport Public Library (1) – Justin McLaughlin
22. Rose Island Lighthouse Foundation (1) – Jeanne-Marie Napolitano
23. Spring Station Project Committee (2) – Lynn U. Ceglie
24. State House Liaison (1)
25. Tree & Open Space Commission (1) – Susan D. Taylor
26. Tourism Marketing District (1) – Lynn U. Ceglie, Jeanne-Marie Napolitano, Susan D. Taylor
COUNCILOR TAYLOR moved to appoint COUNCILOR CEGLIE to the Tourism Marketing District. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
27. Washington Square Advisory Commission (if needed) – Susan D. Taylor
COUNCILOR TAYLOR moved to approve the Council liaison appointments with the exception of items 8 and 26. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOULSY.
MAYOR BOVA moved to appoint COUNCILOR NAPOLITANO to Discover Newport Commission. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
Items 6-15 moved to the beginning of the meeting
6. Amending Chapter 12.28.020 of the Codified Ordinances, entitled, “Definitions” (First Reading)
7. Amending Chapter 12.28.060 of the Codified Ordinances, entitled, “Anchoring Regulations” (First Reading)
8. Amending Chapter 12.28.072 of the Codified Ordinances, entitled, “Request for Mooring Permit, Permit Changes and Transfers (First Reading)
9. Amending Chapter 12.28.073 of the Codified Ordinances, entitled, “Mooring Waiting List” (First Reading)
10. Amending Chapter 12.28.074 of the Codified Ordinances, entitled, “Permit (mooring space) assignment and renewal” (First Reading)
11. Amending Chapter 12.28.075 of the Codified Ordinances, entitled, “Mooring surrender for a season to the city” (First Reading)
12. Amending Chapter 12.28.076 of the Codified Ordinances, entitled, “Forfeiture of Mooring Permit” (First Reading)
13. Amending Chapter 12.28.077 of the Codified Ordinances, entitled, “Mooring tackle requirements” (First Reading)
14. Amending Chapter 12.28.080 of the Codified Ordinances, entitled, “Seasonal dry storage areas” (First Reading)
15. Amending Chapter 12.28.150 of the Codified Ordinances, entitled, “Harbormaster Authority and Duties” (First Reading)
Items #6-15:
COUNCILOR LEONARD moved to table items 6-15. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council regarding the process and the proposed amendments. CITY SOLICITOR CHRISTOPHER BEHAN, ESQ., addressed the Council regarding the proposed amendments.
MAYOR BOVA moved to continue the ordinances to March 13, 2019 and requested the Waterfront Commission to hold another workshop prior to the meeting. Seconded by COUNCILOR LEONARD. The vote on the motion failed 2-5.
COUNCILOR TAYLOR moved to continue the ordinances to be heard on February 13, 2019. Seconded by COUNCILOR MCLAUGHLIN who also requested a public hearing be held by the Waterfront Commission at least two weeks prior to the Council meeting. Seconded by COUNCILOR NAPOLITANO and VOTED 6-1 with COUNCILOR LEONARD opposed.
16. Amending Ordinance 2018-05, Appropriating Revenues (Second Reading)
MAYOR BOVA moved to continue the ordinance to January 23, 2019. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
17. Action Item #5808/18 re: Award of Contract – Public Private Partnership - Joint Project - City of Newport and Town of Middletown - Renewable Energy Projects (w/accompanying resolution) - Continued from December 12, 2018
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE and VOTED 6-1 with COUNCILOR LEONARD opposed.
18. Action Item #5812/19 re: Award of Contract - Ambulance Vehicle - Cooperative Purchasing Group (HGAC) (w/accompanying resolution)
MAYOR BOVA moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
19. Action Item #5813/19 re: Proposal Award # 19-010- Engineering Services for North End Sanitary Sewer Reroute (w/accompanying resolution)
MAYOR BOVA introduced the communication. COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR MCLAUGHLIN had questions regarding the project. Julia Forgue, Director of Utilities, addressed the Council to answer questions. The vote on the motion to approve was VOTED UNANIMOUSLY.
20. Action Item #5814/19 re: Change Order No. 5 - #18-006 – Marsh Street Storm Drain Improvements -revised (w/accompanying resolution)
MAYOR BOVA introduced the communication. COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
21. Action Item #5815/19 re: Ordinance Revision – 10.68.020. A – Restrictions on use. Loading Zones (w/accompanying resolution)
MAYOR BOVA introduced the communication. COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
22. Action Item #5816/19 re: Award of Contract - Independent Traffic Engineering Analysis/Proposed Park at former Coffey’s Garage Site (w/accompanying resolution)
MAYOR BOVA introduced the communication. COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
23. Action Item #5817/19 re: Agreement for Use of Easton’s Beach Parking Lot/Newport Mansions Wine & Food Festival (w/accompanying resolution)
MAYOR BOVA introduced the communication. COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
24. Action Item #5818/19 re: Agreement for Use of Easton’s Beach Parking Lot/Newport International Boat Show (w/accompanying resolution)
MAYOR BOVA introduced the communication. COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
25. Action Item #5819/19 re: Agreement for Use of Easton’s Beach Parking Lot/Annual Audrain’s Newport Concours Motor Week (w/accompanying resolution)
MAYOR BOVA introduced the communication. COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
1. Class F Daily Liquor Licenses, Rhode Island Brewers Guild:
a. Newport Craft Beer Festival, Great Friends Meeting House; April 27, 2019 from 12:00 p.m. to 3:00 p.m. and 4:00 p.m. to 7:00 p.m.
b. Craft Brew Races Newport, Fort Adams State Park; July 20, 2019 from 12:00 p.m. to 4:00 p.m.
COMMISSIONER TAYLOR moved to approve the consent calendar in its entirety. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
2. 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
MAYOR BOVA opened the public hearing. CITY SOLICITOR BEHAN addressed the Council regarding the license. Susan Lamond, owner, addressed the Council regarding the liquor license and status of outstanding items. Discussion occurred among the Council. COMMISSIONER MCLAUGHLIN moved to continue the hearing to February 13, 2019. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
3. Action Item #5821/19, re: Show Cause Hearing: Vincent Sandonato Trust, N.A.J. Associates, LLC, d/b/a The Pier-Operating Without a Valid Class BV Alcoholic Beverage License
COMMISSIONER BOVA moved to dismiss the hearing. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.
4. Action Item #5822/19, re: Show Cause Hearing: Wharf Pub Newport, LLC, d/b/a Wharf Pub-Operating Without a Valid Class BV Alcoholic Beverage License
COMMISSIONER MCLAUGHLIN moved to dismiss the hearing. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
5. Action Item #5823/19, re: Show Cause Hearing: Parlor, LLC-Operating Without a Valid Class BV Alcoholic Beverage License
MAYOR BOVA opened the public hearing. CITY SOLICITOR BEHAN provided an update to the Board. Elizabeth Nocon, addressed the Board regarding the outstanding items. COMMISSIONER MCLAUGHLIN moved to continue the hearing to 2/13/2019. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
6. 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
MAYOR BOVA opened the public hearing. CITY SOLICITOR BEHAN, addressed the Board. Paul Boardman, applicant, addressed the Board regarding the outstanding items. COMMISSIONER MCLAUGHLIN moved to continue to 2/13/2019. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN-8:28 p.m.
Victualing Renewals
| Ownership | d/b/a | Address |
| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ||
| K & K Food Mart Inc. | K & K Food Mart | 10 Connell Highway |
| Sailor’s sweet Tooth, Inc. | Kilwin’s Chocolates & Ice Cream, | 262 Thames St. |
| Peaceable Market, LLC | Peaceable Market | 520 Thames St. |