CITY OF NEWPORT
JUNE 12, 2019
(Approved 7/24/2019)
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 June 12, 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 | |
CITIZENS’ FORUM
COUNCILOR TAYLOR moved to close the public hearing. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
a. Budget Change Sheets - General Revenues and Expenditures
b. Ordinance Appropriating Revenues (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR CEGLIE. COUNCILOR TAYLOR moved to amend the budget by designating $7500 within the City Council budget for professional development. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council. CITY MANAGER JOSEPH J. NICHOLSON, JR. ESQ. addressed the Council regarding professional development. The vote on the motion to designate $7500 within the Council budget for professional development was voted 4-3 with COUNCILOR CEGLIE, COUNCILOR NAPOLITANO and COUNCILOR LEONARD opposed.
COUNCILOR MCLAUGHLIN mentioned the possibility of conducting a sidewalk survey with assistance from the Public Services Department and additionally mentioned item k. on the Consent Calendar regarding the request for funding from the Newport Prevention Coalition for the Student Assistant Counselor. COUNCILOR MCLAUGHLIN moved to designate funds in the budget of $24,000 for the Newport Prevention Coalition. Seconded by COUNCILOR CEGLIE. Dr. Sandra Flowers, Newport School Committee, addressed the Council regarding the funding for the Newport Prevention Coalition. CITY MANAGER NICHOLSON addressed the Council regarding funding. The vote on the motion to designate the funds was voted 6-1 with COUNCILOR LEONARD opposed.
MAYOR BOVA moved to adopt the ordinance appropriating revenues on second reading. Seconded by COUNCILOR MCLAUGHLIN was VOTED UNANIMOUSLY.
c. Ordinance Amending Title 3, Personnel (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
d. Ordinance Amending Chapter 1.14 entitled, “Specific Penalties for Certain Violations” (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
e. Resolution re: Parking Fund
COUNCILOR TAYLOR moved to adopt the resolution. Seconded by COUNCILOR NAPOLITANO. COUNCILOR MCLAUGHLIN discussed different ways to use the parking fund. The vote on the motion to approve was VOTED UNANIMOUSLY.
f. Resolution re: Authorizing the Tax Levy
COUNCILOR TAYLOR moved to adopt the resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
g. Resolution, re: Omnibus Property Tax Relief & Replacement Act
COUNCILOR TAYLOR moved to adopt the resolution on second reading. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
(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 April 24, 2019 and May 8, 2019 (Approve)
b. Special Events:
REMOVED 1) Benefactors of the Arts, d/b/a Secret Garden Tours, various gardens in The Point; June 14, 15 & 16, 2019 from 10:00 a.m. to 5:00 p.m. daily
COUNCILOR MCLAUGHLIN recused.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY (6-0).
2) Dr. Martin Luther King, Jr. Community Center, d/b/a Keeper of the Dream & Annual Meeting, Dr. Martin Luther King, Jr. Community Center; June 17, 2019 from 6:00 p.m. to 8:30 p.m.
REMOVED 3) Newport Outfitters, Inc., d/b/a Ten Speed Spokes-Longest Day of the Year Ride 2019, beginning and ending at 18 Elm St. (route attached); June 20, 2019 from 6:00 p.m. to 9:00 p.m.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE. COUNCILOR LEONARD had a question regarding police detail. Gary Silva, Police Chief, addressed the Council regarding the detail assigned. The vote on the motion to approve was VOTED UNANIMOUSLY.
REMOVED 4) newportFILM, Inc., d/b/a newportFILM Outdoor Film Screenings, multiple locations throughout the city; June 20, July 3, 18, and 25, August 1, 3, 8, 22 & 29, 2019 from 6:00 p.m. to 10:00 p.m.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR NAPOLITANO. COUNCILOR LEONARD stated there is a road closure request and moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
REMOVED 5) Fireworks Display- Steve Soscia, d/b/a Soscia Wedding, barge off of Belle Mer; June 22, 2019 at 9:45 p.m. (6-minute display)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE. COUNCILOR LEONARD had questions regarding fireworks displays and stated the city needs to establish a policy regulating fireworks. COUNCILOR CEGLIE agreed and stated the application was submitted late to the Council and it did not allow enough time for the Council to review the application and requested applicants submit earlier. Discussion occurred among the Council regarding fireworks displays and the need to establish a policy. The vote on the motion to approve was voted 6-1 with COUNCILOR LEONARD opposed.
6) Bowen’s Wharf Co., Inc., d/b/a/ OmegaTown at Bowen’s Wharf, Bowen’s Wharf; July 3-7, 2019 from 8:00 a.m. to 7:00 p.m.
7) Newport Restoration Foundation, d/b/a Rose with the Roses, Rough Point Museum; July 10, 2019 from 5: 00 p.m. to 7:00 p.m.
8) Redwood Library & Athenaeum, d/b/a Arabian Nights-Gala Fundraiser, Redwood Library, 50 Bellevue Ave.; July 13, 2019 from 6:30 p.m. to 11:30 p.m.
9) The Potter League for Animals, d/b/a Yappy Hour-Non-profit Fundraiser, 670 Bellevue Ave.; July 14, 2019 from 5:00 p.m. to 7:00 p.m.
10) Newport Art Museum, d/b/a Artist’s Ball, Newport Art Museum; July 19, 2019 from 6:00 p.m. to 12:00 a.m.
11) Live Local, LLC, d/b/a Live Local Music and Arts Festival, Lawn of Great Friends Meeting House; July 20, 2019 from 11:00 a.m. to 9:00 p.m.
12) Newport Restoration Foundation, d/b/a Jazz on the Lawn, Rough Point Museum; July 24, 2019 from 5:00 p.m. to 8:00 p.m.
13) Newport Festa Italiana, d/b/a Newport Festa Italiana, Touro Park; October 5, 2019 from 11:00 a.m. to 4:00 p.m. and parade on October 14, 2019 from 12:00 p.m. to 1:30 p.m. – Broadway to Washington Sq., to Thames St. to America’s Cup Ave. to east on Memorial Blvd. and west to Bellevue Ave.
c. Holiday Selling License, Renewals:
1. Deborah Beardsley, d/b/a Friendly Harbor Gifts & Antiques, 481 Thames St.
2. Paw Addict RI, LLC, d/b/a Paw Addict, 397 Thames St. Unit 6
3. Island Pursuit, Inc., d/b/a Island Pursuit, 364 Thames St.
4. Newport Outfitters, Inc., d/b/a Ten Speed Spokes, 18 Elm St.
d. Second-hand License, Renewal, Deborah Beardsley, d/b/a Friendly Harbor Gifts & Antiques, 481 Thames St.
e. Second-hand License, Renewal, Newport Outfitters, Inc., d/b/a Ten Speed Spokes, 18 Elm St.
f. Banner License, Newport Festa Italiana, to hang two banners in Touro Park from September 21, 2019 through 5, 2019 advertising Festa Italiana
g. Banner License, Boys and Girls Club of Newport County, to hang a banner across Thames St. between The Red Parrot and Midtown Oyster Bar advertising The Newport Show
h. Waste Hauler License, Renewals:
1. Rambone Disposal Service, Inc., 2153 Plainfield Pike, Johnston, RI
2. Waste Management of RI, Inc., 65 Halsey St.
i. Communication from Charles Paiva, Newport Gulls, Ltd., re: Requesting permission to place temporary signs in various locations for Newport Gulls game days
j. Communication from Melanie Saunders, re: Resignation from the Newport Energy and Environment Commission (Receive with regret)
k. Communication from Newport Prevention Coalition, re: Requesting the city set aside funding in the budget to cover the cost of Newport’s Student Assistance Counselor for FY2020 (Receive)
COUNCILOR TAYLOR moved to adopt the Consent Calendar in its entirety with the exception of items b (1), b (3), b (4) and b (5). Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
3. Sidewalk Cafe License, New, The Nitro Cart, LLC, d/b/a The Nitro Bar, 2 Pond Ave.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
4. Second-hand License, New, Commonwealth Books of Newport, Inc., d/b/a Commonwealth Books, 29 Touro St. (Hearing)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
5. Victualing License, New, Radish Patch, LLC, d/b/a La Vasca, 515 Thames St. (In conjunction with liquor license transfer)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
6. Victualing License, New, JJ Thai Cuisine, Inc., d/b/a Thai Cuisine, 517 Thames St. (In conjunction with liquor license transfer)
COUNCILOR TAYLOR moved to approve the license subject to Zoning Board conditions previously imposed. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
7. Victualing License, Expansion, Pasta Beach, LLC, d/b/a Pasta Beach, 136-138 Bellevue Ave., to add 24’ x 37’ rear patio consisting of eight tables and 24 seats (In conjunction with liquor license expansion)
MAYOR BOVA moved to approve the license with the restrictions imposed by the Zoning Board. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
8. Entertainment License, Renewal, Pale, LLC, The, d/b/a Buskers, 178 Thames St.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
9. Entertainment License, Renewal, Broadway Tavern, Ltd., d/b/a Tavern on Broadway, 16-18 Broadway
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
10. Entertainment License, Expansion, Class B (outdoors), NPG Hospitality, LLC, d/b/a Gurney’s Newport Resort & Marina, 1 Goat Island, to expand entertainment to the North Lawn (Hearing)
MAYOR BOVA opened the public hearing. The following members of the public addressed the Council opposing the application:
Stephanie Schmidt, Marsh St.
Elizabeth O’Shea, Second St.
Todd Stuart, 107 Washington St.
Jed Pearsall, 64 Washington St.
Louisa Boatwright, 46 Second St.
Bill Doyle, 64 Washington St.
David Smiley, General Manager, addressed the Council to answer questions. COUNCILOR CEGLIE moved to continue to the June 26, 2019 meeting. Seconded by COUNCILOR NAPOLITANO. The vote on the motion to continue failed 3-4 with COUNCILOR TAYLOR, COUNCILOR MCLAUGHLIN, COUNCILOR LEONARD and MAYOR BOVA opposed. Discussion continued among the Council and Mr. Smiley. MAYOR BOVA moved to close the public hearing and continue the application to June 26, 2019. Seconded by COUNCILOR CEGLIE. CITY SOLICITOR BEHAN addressed the Council to answer questions regarding events being held prior to the next meeting. Mr. Smiley agreed to submit applications to the City Clerk for events which will occur prior to June 26, 2019. The vote on the motion to continue was voted 6-1 with COUNCILOR LEONARD opposed.
11. Entertainment License, Expansion, Class A (indoors), @ The Deck, LLC, d/b/a @ The Deck, 1 Waites Wharf, to expand indoor entertainment from 12:00 midnight to 1:00 a.m. (First Hearing)- continued from May 22, 2019
COUNCILOR LEONARD recused.
MAYOR BOVA opened the public hearing. The following members of the public addressed the Council opposing the application:
Ron Corriveau, 16 Coddington Wharf
Connie Bishop, 31 Coddington Wharf, Unit 13
Martha McConnell, 26 Coddington Wharf
Mike Maloney, 31 Coddington Wharf
Ally Renahan, 31 Coddington Wharf
John Shea, 58 Washington St.
Robert Silva, Esq., representing the applicant, addressed the Council regarding the application. COUNCILOR MCLAUGHLIN moved to amend the application to remove amplification. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY (6-0). COUNCILOR TAYLOR moved to close the public hearing. Seconded by COUNCILOR NAPOLITANO and VOTED 5-1 with COUNCILOR MCCALLA opposed. MAYOR BOVA moved to approve the license as amended. Seconded by COUNCILOR NAPOLITANO. Discussion continued among the Council. The vote on the motion to approve as amended was voted 4-2 with MAYOR BOVA and COUNCILOR MCCALLA opposed.
Note: Vacancies currently or soon will exist on the following Boards and Commissions:
Affirmative Action Commission, Beach Commission, and Hospitality Commission
13. Supporting legislation introduced into the R.I. General Assembly- 2019 H-5669- regarding School Waste Recycling and Refuse Disposal- S. Taylor, J. Bova, L. Ceglie, A. McCalla (Continued from May 8, 2019)
COUNCILOR TAYLOR moved to adopt the resolution. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
14. Amending Section 2.120.010 of the Codified Ordinances, entitled, “Fees for permits and licenses” (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
15. Communication from Colleen Burns Jermain, Superintendent of Schools, re: Update on the Rhode Island Department of Education Letter of Intent
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR NAPOLITANO. Colleen Burns Jermain, addressed the Council and provided an update. Discussion occurred among the Council. COUNCILOR TAYLOR withdrew her motion. COUNCILOR CEGLIE moved to approve the Mayor signing the letter of intent. Seconded by COUNCILOR NAPOLITANO and voted 4-3 with COUNCILOR MCLAUGHLIN, COUNCILOR LEONARD and COUNCILOR TAYLOR opposed.
16. Action Item #5856/19 – RE: Award of Bid # 19-046 - Utilities Supplies (w/accompanying resolution)
COUNCILOR TAYLOR moved to approve the bid award and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
17. Action Item #5857/19 – RE: Modification #7 to Contract # 10-039 Professional Services for Program Manager for Implementation of CSO Long Term Control Plan (w/accompanying resolution)
COUNCILOR TAYLOR moved to approve the bid award and adopt the accompanying resolution. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR LEONARD had a question regarding the program manager. Julia Forgue, Director of Utilities, addressed the Council to answer questions. The vote on the motion to approve was VOTED UNANIMOUSLY.
18. Action Item #5858/19 – RE: Award of Bid # 19-048 - Water Treatment Chemicals (w/accompanying resolution)
COUNCILOR TAYLOR moved to approve the bid award and adopt the accompanying resolution. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
19. Action Item #5859/19 – RE: Award of Bid # 19-051 – Pavement Marking Program 2019 (w/accompanying resolution)
COUNCILOR TAYLOR moved to approve the bid award and adopt the accompanying resolution. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
20. Action Item #5860/19 – RE: Award of Bid # 19-025 – Sidewalk Improvement Program 2019 (w/accompanying resolution)
COUNCILOR TAYLOR moved to approve the bid award 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 NAPOLITANO and VOTED UNANIMOUSLY.
CONSENT CALENDAR
1. Class F Daily Liquor Licenses:
a. Newport Restoration Foundation, d/b/a Rose with the Roses, 680 Bellevue Ave; July 10, 2019 from 5:00 p.m. to 7:00 p.m.
b. Newport Festa Italiana, d/b/a Meatball Challenge, Edward King House Senior Center; October 1, 2019 from 6:00 p.m. to 8:00 p.m.
2. Communication from Newport North Hotel Property, LLC, holder of a Class BT alcoholic beverage license at re: Notification of change in d/b/a from Mainstay Inn to Mainstay Hotel & Conference Center (Receive and make part of licensee’s file)
COMMISSIONER TAYLOR moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
3. Application of Radish Patch, LLC, d/b/a La Vasca, 515 Thames St., holder of a Class BL alcoholic beverage license to transfer 50% of membership from Christopher Bender and 50% from David Crowell to Anthony Lorusso, assuming 100%, for the same premises. (Hearing)
COMMISSIONER TAYLOR moved to close the public hearing and approve. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
4. Application of Thames Street Thai Cuisine LLC, d/b/a Thai Cuisine, 517 Thames St., holder of a Class BL alcoholic beverage license to transfer ownership to JJ Thai Cuisine, Inc. (Jirapa Cox 50% and Inthuon Segger 50%), d/b/a Thai Cuisine, at the same premises. (Hearing)
COMMISSIONER TAYLOR moved to close the public hearing and approve subject to Zoning Board conditions. Seconded by COMMISSINER NAPOLITANO and VOTED UNANIMOUSLY.
5. Application of Pasta Beach, LLC, d/b/a Pasta Beach, 136-138 Bellevue Ave. holder of a Class BV alcoholic beverage license, to expand its licensed premises to add 24’ x 37’ rear patio with a total service area of 574 sq. feet consisting of eight tables and 24 seats (Hearing)
COMMISSIONER TAYLOR moved to close the public hearing and approve subject to Zoning Board conditions. Seconded by COMMISSINER LEONARD and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN- 9:30 p.m.