CITY OF NEWPORT
JULY 10, 2019
(Approved 8/14/2019)
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 July 10, 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 |
ABSENT
KATHRYN E. LEONARD
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. Special Events:
1. The Women’s Resource Center of Newport & Bristol Counties, d/b/a North End Neighborhood Association Community Yard Sale, 1 York St., July 13 and August 3, 2019 from 9 a.m. to 2 p.m.
2. Encore Worldwide, d/b/a OmegaTown, Easton’s Beach; July 17-19, 2019 from 8 a.m. to 1 p.m.
3. Barlan Enterprises LTD d/b/a Guernsey’s, d/b/a A Century at Sea – A Maritime Auction, IYRS School of Technology & Trades; July 18-19, 2019 from 10 a.m. to 7 p.m.; July 20, 2019 from 10 am to 8 p.m.
4. Newport Art Museum, d/b/a Wet Paint, Newport Art Museum; August 17, 2019 from 4 p.m. to 10 p.m.
5. Museum of Newport Irish History, d/b/a Shamrocks and Seashells, Easton’s Beach Rotunda; August 17, 2019 from 6:00 p.m. to 10:00 p.m.
REMOVED 6. Fireworks Display - Peter Kiernan, d/b/a Hammersmith Farm – Private Fireworks Event, 225 Harrison Ave.; August 17, 2019 from 9:45 – 9:59 p.m. (14-minute display)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR NAPOLITANO. MAYOR BOVA asked if anyone from the event was present. Hearing none, she stated there will be workshop to establish a policy regarding fireworks. The vote on the motion to approve was VOTED UNANIMOUSLY.
REMOVED 7. Compass Rose Events, Inc., d/b/a 200th Anniversary Celebration, 80 Fort Adams Drive; August 21, 2019 from 5:00 p.m. to 9:30 p.m. (Fireworks – 30 minute display beginning at 9:00 p.m.)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR NAPOLITANO. John Ruggeri, President, Ocean State Pyrotechnics addressed the Council regarding the display and stated it is an 18-minute display to be completed by 9:30. The vote on the motion to approve was VOTED UNANIMOUSLY.
8. Sail Newport, Inc., d/b/a Sail Newport Fundraiser, 72 Fort Adams Drive; August 22, 2019 from 6:00 p.m. to 8:00 p.m.
9. Iglesia Cristiana Betania, d/b/a Youth Concert, King Park; September 1, 2019 from 2:00 p.m. to 6:00 p.m.
10. Sail Newport, Inc., d/b/a Sail for Hope, Newport Shipyard; September 28, 2019 from 4 p.m. to 8 p.m.
11. Broadway Merchants Association, Inc., d/b/a Broadway Street Fair, Equality Park to Washington Sq. including Great Friends Meeting House; October 12, 2019 from noon to 6 p.m. and 1 p.m. to 8 p.m. at the Great Friends Meeting House Lawn
- Street closure request: Both sides of Broadway starting at Cranston Ave. to north side of Washington Square from 8 a.m. to 6:30 p.m.
ADD: 12. Ron Kitt, d/b/a Newport Kite Festival, Brenton Point State Park; July 13 & 14, 2019 from 12:00 p.m. to 4:00 p.m.
b. Communication from Diane McCaffrey, on behalf of Festa Italiana, re: Request to waive banner license fees for Festa Italiana in Touro Park
c. Holiday Selling License, Renewal, Maramill, LLC, d/b/a CK Bradley, 39 Memorial Blvd.
d. Communication from Edward D. Pare, Jr., Esq., Brown Rudnick LLP, re: Small Cell Facilities, Newport, Rhode Island- New Cingular Wireless PCS, LLC, d/b/a AT & T (“AT&T”) (Receive and refer to city administration for a recommendation)
e. Communication from the Rhode Island State Planning Council/Metropolitan Planning Organization, re: Notice of Public Hearing Ocean State Outdoors, Statewide Comprehensive Outdoor Recreation Plan (SCORP) (Receive)
f. Communication from Public Utilities Commission, re: Notice of Public Hearings in re: City of Newport Water Division Application to Change Rate Schedules (Receive)
g. Communication from David Downes, re: Resignation from the Cliff Walk Commission (Receive with regret)
REMOVED h. Communication from Daniel Dias, re: Resignation from the Historic District Commission (Receive with regret)
COUNCILOR TAYLOR moved to receive the communication with regret. Seconded by COUNCILOR CEGLIE. COUNCILOR MCLAUGHLIN mentioned a recent change in the procedures made by the Historic District Commission regarding administrative approvals permitted by the Historic Preservation Planner. Discussion occurred among the Council regarding a establishing a policy change to allow the Historic Preservation Planner to perform administrative approvals. CITY MANAGER JOSEPH J. NICHOLSON, JR. ESQ., addressed the Council regarding the administration bringing a policy change to the Council. The vote on the motion to receive was VOTED UNANIMOUSLY.
i. Communication from Elizabeth (Bette) Reed, re: Resignation from the Hospitality Commission (Receive with regret)
j. Communication from Alexa Furtado, re: Resignation from the Hospitality Commission (Receive with regret)
k. Communication from Deborah Winthrop, re: Resignation from the Hospitality Commission (Receive with regret)
COUNCILOR TAYLOR moved to approve the Consent Calendar in its entirety with the exception of items a(6), a(7) and h. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
2. Pedicab Business License, New, I Wanna Ride Pedicab, LLC (Justin Richardson), d/b/a I Wanna Ride Pedicab (2 pedicab licenses)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN. MAYOR BOVA had a question regarding the size of the pedicabs and number of passengers permitted. Justin Richardson, applicant, addressed the Council regarding the pedicabs. The vote on the motion to approve was VOTED UNANIMOUSLY.
3. Pedicab Business License, New, James R. Brown III, d/b/a New England Pedicab (1 pedicab license)
COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
4. Victualing License, Expansion, Ben’s Chili Dogs, LLC, d/b/a Ben’s Chili Dogs, 158 Broadway, to expand the licensed premises into 156 Broadway
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
5. Victualing License, New, Barnaby Quinn, d/b/a Le Bec Sucre, 7 Carroll Ave.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
6. Entertainment License, New, Class A (indoor) and B (outdoor), Old Battle Axe, Inc., d/b/a The Reef, 10 W. Howard Wharf from 11:30 a.m. to 12:00 midnight (Second Hearing)
-Restrictions: Outside entertainment (with amplification) permitted April through September 30. No amplification after 10:00 p.m. Sunday through Thursday - max decibel level 65. No amplification after 11:00 p.m. on Friday’s, Saturday’s and Sundays preceding a Monday holiday. No live music or speakers permitted on the North patio. No entertainment permitted on the North patio.
MAYOR BOVA opened the public hearing. The following members of the public addressed the Council opposing the application:
Kenyon Taylor, 402 Lloyd Ave., Providence, RI
Michael Rubin, 232 Raleigh Avenue, Pawtucket, RI, representing the Friends of the Waterfront regarding the right of way.
Jason Marinelli, Esq., representing the applicant, addressed the Council.
Andrea Gray Lazor, applicant, addressed the Council regarding the entertainment and right of way.
Discussion occurred among the Council regarding the right of way.
Paul Bernard, Vice President, Friends of the Waterfront, addressed the Council regarding a survey being done. Discussion continued regarding a survey being done by the applicant and results presented at the time of the liquor license renewal in the fall.
MAYOR BOVA read the restrictions into the record and moved to approve the license with the restrictions imposed. 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
Cliff Walk Commission – Peter Ranelli (replacing David Downes; term will expire 11/1/2021)
COUNCILOR TAYLOR moved to appoint Peter Ranelli to the Cliff Walk Commission. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
8. Amending Chapter 2.120 of the Codified Ordinances, entitled, “General Fee Schedule” (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by COUNCILOR NAPOLITANO. MAYOR BOVA moved to continue the ordinance for one month to allow for a workshop. ASSISTANT CITY SOLICITOR GIRARD GALVIN, addressed the Council to answer questions. Discussion occurred among the Council and Assistant Solicitor Galvin regarding the proposed ordinance and regulating of mobile food establishments.
The vote on the motion to adopt was vote 5-1 with COUNCILOR TAYLOR opposed.
9. Amending Section 5.56.010 of the Codified Ordinances, entitled, “License required.” (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by COUNCILOR MACLAUGHLIN.
The following members of the public addressed the Council regarding the ordinance:
Kayley Mosher, 48 Almy St.
Will Farley, 26 Hunter Ave.
Peyton Gardner, 114 Girard Ave.
The vote on the motion to approve was VOTED UNANIMOUSLY.
10. Amending Section 5.56.020 of the Codified Ordinances, entitled, “License application and issuance – Approval of health department required for certain licenses – Application fee.” (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
11. Amending Section 5.56.070 of the Codified Ordinances, entitled, “Inspection of vehicles and food peddlers – Sale of beverages” to delete the section in its entirety (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
12. Amending Chapter 5.56.080 of the Codified Ordinances, entitled, “Sales prohibited on certain streets.” (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
13. Amending Section 5.56.100 of the Codified Ordinances, entitled, “Sales prohibited on near establishments selling similar goods.” (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by COUNCILOR CEGLIE and VOTED 5-1 with COUNCILOR TAYLOR opposed.
14. Amending Section 5.56.120 of the Codified Ordinances, entitled, “Categories of peddlers – Maximum number of licenses.” (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
15. Amending Title Five of the Codified Ordinances entitled, Business Licenses & Regulations to add a new Chapter 5.57 entitled, “Mobile Food Establishments” (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by COUNCILOR CEGLIE. Discussion occurred among the Council and Assistant Solicitor Galvin regarding the amendments. The motion to approve was voted 5-1 with COUNCILOR TAYLOR opposed.
16. Communication from Turner C. Scott, Esq., re: Retail Beverage Licenses Class B-Tavern- requesting to increase the number of BT licenses by two (2)
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR MCLAUGHLIN.
Turner C. Scott, Esq. addressed the Council regarding his request to amend the codified ordinances to add two BT alcoholic beverage licenses.
COUNCILOR MCLAUGHLIN moved to ask administration to bring back paperwork for the next Council meeting. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
17. Action Item #5866/19 – RE: Police Department - Vice Unit Vehicle Purchases (w/accompanying resolution)
CITY MANAGER NICHOLSON withdrew the communication.
COUNCILOR TAYLOR moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE COMMISSIONERS
1. Class F-1 Daily Liquor Licenses,
a. Newport Art Museum, d/b/a Wet Paint, 76 Bellevue Ave.; August 17, 2019 from 4 p.m. to 10 p.m.
b. Sail Newport, Inc., d/b/a Sail Newport Fundraiser, 80 Fort Adams Drive; August 22, 2019 from 6:00 p.m. to 8:00 p.m.
c. Sail Newport, Inc., d/b/a Sailing Regatta, Newport Shipyard, 1 Washington St.; September 28, 2019 from 4:00 p.m. to 8:00 p.m.
d. Broadway Merchants Association, Inc., d/b/a Broadway Street Fair (Beyond Broadway Part), Quaker Meeting House Lawn; October 12, 2019 from 1 p.m. to 8 p.m.
COMMISSIONER TAYLOR moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN
July 3, 2019
(Revised-7/8/2019)
COUNCILOR TAYLOR moved to adjourn as Board of License Commissioners and reconvene as Council pursuant to RIGL 42-46-1 and in accordance with RIGL 42-46-5 (a)(2), to Executive Session in the 2nd floor conference room to discuss matters relating to collective bargaining agreements with Newport Municipal Employees Association, National Education Association of Rhode Island (NEARI) (Local 840). Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.