MINUTES FOR THE COUNCIL MEETING
JULY 24, 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 24, 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 | |
| KATHRYN E. LEONARD | |
ABSENT:
JEANNE-MARIE NAPOLITANO
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 June 12 and June 26, 2019 (Approve)
b. Special Events:
Removed:1) Rhode Island Arts Foundation at Newport, Inc., d/b/a Moving Music Classical Music Concert, Casino Theater; July 27, 2019 from 7:00 p.m. to 11:00 p.m.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR CEGLIE questioned why the application was filed so late for approval and asked if someone was present. COUNCILOR MCLAUGHLIN agreed with COUNCILOR CEGLIE. The vote on the motion to approve was VOTED UNANIMOUSLY.
Removed:2) Rhode Island Arts Foundation at Newport, Inc., d/b/a Classical Music Concert Reception, International Tennis Hall of Fame; July 27, 2019 from 7:00 p.m. to 11:00 p.m.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR CEGLIE questioned why the application was filed so late for approval and asked if someone was present. COUNCILOR MCLAUGHLIN agreed with COUNCILOR CEGLIE. The vote on the motion to approve was VOTED UNANIMOUSLY.
3) Bowen’s Wharf Co. Inc., d/b/a Bridgefest, Bowen’s Wharf; July 29- August 1, 2019 from 5:00 p.m. to 8:00 p.m.
4) St. Peter’s Lutheran Church, d/b/a Church & Community Yard Sale, 525 Broadway; August 3, 2019 from 9:00 a.m. to 1:00 p.m. (Rain Date- August 11, 2019)
5) Roy Lauth, d/b/a Bailey T’s Resortwear, d/b/a Bailey T’s Annual Concert, Long Wharf Mall; August 5, 2019 from 6:00 p.m. to 7:30 p.m.
6) Newport Art House, d/b/a Newport Art House (Anti) Gala, Bellevue House, 304 Bellevue Ave.; August 23, 2019 from 7:00 p.m. to 11:00 p.m. (Rain Date- August 24, 2019)
7) Bowen’s Wharf Co., Inc., d/b/a OmegaTown at Bowen’s Wharf, Bowen’s Wharf; August 28, 2019 through September 1, 2019 from 8:00 a.m. to 7:00 p.m.
c. Private Detective License, Renewal, David Bruce, d/b/a TBK Investigations, 181 Bellevue Ave. #203
d. Tattoo License, New, Individual Artist, Jennifer Beirola, Anchor Steam Tattoo, 44 Broadway
REMOVED e. Holiday Selling License, New, Rosielee LLC, d/b/a Buddy by the Sea, Shops at Long Wharf- Kiosk
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR LEONARD had questions regarding the location of the business. The City Clerk addressed the Council to provide an answer. The vote on the motion to approve was VOTED UNANIMOUSLY.
f. Communication from Christopher M. Roberts, re: Request to hold a block party from 107 Champlin Place North to Ellery Rd. on September 1, 2019 from noon to 8:00 p.m.(Approve subject to details being worked out with city administration)
g. Newport Public Schools Facility Assessment Presentation- Studio Jade
(Receive)
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR MCLAUGHLIN. MAYOR BOVA stated there would be a future meeting regarding the information. The vote on the motion to receive was VOTED UNANIMOUSLY.
h. Newport Public Schools Demographic Study (Receive)
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to approve the Consent Calendar in its entirety with the exception of items b (1), b (2), e, g, and h. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
2. Pedicab Business License, New, James R. Brown III, d/b/a New England Pedicab (1 pedicab license)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE. COUNCILOR LEONARD had questions regarding public safety. The vote on the motion to approve was VOTED UNANIMOUSLY.
3. Entertainment License, Renewal, Class A and B (indoor/outdoor), Salvation Café Inc., d/b/a Salvation Café, 140 Broadway (Restrictions- Outdoor entertainment to end at 10:00 p.m.)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
4. Victualing License, Expansion, Midtown Oyster Bar, LLC, d/b/a Midtown Oyster Bar & Grill, 341-343-345 Thames St., to relocate 680 sq. ft. patio on grade in rear of building to first floor deck at rear of building and to add street level outdoor seating area on the north side of the building consisting of four (4) tables and 16 chairs (In conjunction with liquor license expansion)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE. Turner Scott, Esq., representing the applicant, addressed the Council regarding the expansion and provided the Council with restrictions which were imposed by the Zoning Board. The noted restrictions are the applicant must follow the sidewalk café ordinance rules for the street level outdoor seating. Russell Dulac, Owner, Red Parrot Restaurant, addressed the Council opposing the application.
Discussion occurred among the Council regarding the application. Attorney Scott requested the Council approve the expansion and relocation of the 680 sq. foot patio to the first-floor deck and to continue the street level outdoor seating to allow for the Council to review the area.
COUNCILOR CEGLIE moved to approve the expansion to the second floor and continue the outdoor patio expansion to 8/14/2019. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Note: Vacancies currently or soon will exist on the following Boards and Commissions:
Affirmative Action Commission, Beach Commission, and Hospitality Commission
Planning Board – Elizabeth Fuerte (filling vacant term expiring on 10/31/21)
COUNCILOR TAYLOR moved to appoint Elizabeth Fuerte to the Planning Board. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
6. Amending Section 5.12.040 of the Codified Ordinances, entitled, “Number of licenses Permitted” (First Reading)
COUNCILOR TAYLOR stated there has been a request to continue the ordinance.
Jeff Callaghan, Owner, Fluke Restaurant, addressed the Council opposing the ordinance.
MAYOR BOVA moved to continue the ordinance. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
7. Amending Chapter 2.120 of the Codified Ordinances, entitled, “General Fee Schedule” (Second Reading)
COUNCILOR TAYLOR moved to approve the ordinance. Seconded by COUNCILOR CEGLIE. COUNCILOR MCCALLA moved to amend the ordinance to require the fee must be paid for by event organizer. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY. COUNCILOR MCLAUGHLIN had a question regarding the definition of a mass gathering. Assistant City Solicitor Galvin addressed the Council to provide information. MAYOR BOVA moved to approve as amended. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
8. Amending Section 5.56.010 of the Codified Ordinances, entitled, “License required.” (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance. Seconded by COUNCILOR CEGLIE. Discussion occurred among the Council. Assistant Solicitor Galvin addressed the Council. COUNCILOR MCLAUGHLIN moved to table the ordinance. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
9. Amending Section 5.56.020 of the Codified Ordinances, entitled, “License application and issuance – Approval of health department required for certain licenses – Application fee.” (Second Reading)
COUNCILOR TAYLOR moved to table the ordinance. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
10. 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 (Second Reading)
COUNCILOR TAYLOR moved to table the ordinance. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
11. Amending Chapter 5.56.080 of the Codified Ordinances, entitled, “Sales prohibited on certain streets.” (Second Reading)
COUNCILOR TAYLOR moved to table the ordinance. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
12. Amending Section 5.56.100 of the Codified Ordinances, entitled, “Sales prohibited on near establishments selling similar goods.” (Second Reading)
COUNCILOR TAYLOR moved to table the ordinance. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
13. Amending Section 5.56.120 of the Codified Ordinances, entitled, “Categories of peddlers – Maximum number of licenses.” (Second Reading)
COUNCILOR TAYLOR moved to table the ordinance. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
14. Amending Title Five of the Codified Ordinances entitled, Business Licenses & Regulations to add a new Chapter 5.57 entitled, “Mobile Food Establishments” (Second Reading)
COUNCILOR TAYLOR moved to approve the ordinance. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council and Assistant Solicitor Galvin addressed the Council regarding ordinance proposed amendments to sections to the ordinance.
Charlie Holder, Manager, Midtown Oyster Bar, addressed the Council regarding food trucks.
Charlie Hamilton, Brunch Belly owner, addressed the Council regarding food trucks.
MAYOR BOVA moved to continue the ordinance to August 14, 2019 to allow for Assistant Solicitor Galvin to bring back additional amendments. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR MCLAUGHLIN requested for Assistant Solicitor Galvin’s amendments be published for the next Council meeting in addition to the ordinance.
Michael Farley, 26 Hunter Ave., addressed the Council suggesting amendments regarding lemonade stands and food carts at local beaches. The vote on the motion to continue was VOTED UNANIMOUSLY.
COUNCILOR MCLAUGHLIN moved to remove from the table items 8-13 and continue to the August 14, 2019 Council meeting. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
15. Communication from Friends of the Stone Pier, re: Eel Grass Survey results conducted for the Stone Pier (Receive)
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR LEONARD thanked the Friends of the Stone Pier for their work on the survey. Discussion occurred among the Council. MAYOR BOVA moved to receive and refer the communication to the Waterfront Commission and the Harbormaster and request to have a dock in place by March 2020. The vote on the motion was VOTED UNANIMOUSLY.
16. Action Item #5867/19 – RE: Amendment to Cell Tower Agreement- Reservoir Road Water Tank Property (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR LEONARD moved to continue the communication. William Yost, Deputy Director of Utilities, addressed the Council to answer questions. Discussion occurred among the Council regarding the lease agreement. The vote on the motion to approve was voted 5-1 with COUNCILOR LEONARD opposed.
17. Action Item #5868/19 – RE: Show Cause Show Cause Hearing – Karma Pizza Co., LLC, d/b/a Karma Pizza – Violation of the General Laws of Rhode Island and Codified Ordinances of the City of Newport - Failure to Meet the Conditions of the City Council in Granting of Victualing License
CITY MANAGER NICHOLSON stated the matter has been resolved and could be withdrawn. COUNCILOR CEGLIE moved to withdraw the show cause hearing. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
1. Class F-1, Daily Liquor License, Rhode Island Arts Foundation at Newport, Inc., d/b/a Newport Music Festival, International Tennis Hall of Fame, lower east porch, 194 Bellevue Ave.; July 27, 2019 from 7:00 p.m. to 11:00 p.m.
COMMISSIONER TAYLOR moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
2. Application of Midtown Oyster Bar, LLC, d/b/a Midtown Oyster Bar & Grill, 341-343-345 Thames St., holder of Class BV alcoholic beverage license to expand the licensed premises by relocating the 680 sq. ft. patio on grade in rear of building to first floor deck at rear of building and to add street level outdoor seating area on the north side of the building consisting of four (4) tables and 16 chairs (Hearing)
MAYOR BOVA opened the public hearing. Turner Scott, Esq., addressed the Council on behalf of the applicant and requested the relocation of the 680 sq. ft. patio be approved. MAYOR BOVA moved to approve the relocation of the 680 sq. ft. patio to the first-floor deck and the street level outdoor seating be continued to August 14, 2019. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN- 8:43 p.m.