CITY OF NEWPORT

MINUTES FOR THE COUNCIL MEETING

MAY 22, 2019

(Approved 6/26/2019)

 

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 May 22, 2019 at 6:30 p.m.

 

The CITY CLERK called the roll, and the following members were present:

 

JAMIE BOVA

JEANNE-MARIE NAPOLITANO

JUSTIN S. MCLAUGHLIN

KATHRYN E. LEONARD

ANGELA MCCALLA

 

ABSENT

LYNN UNDERWOOD CEGLIE

SUSAN TAYLOR

 

CITIZENS’ FORUM:

 

1.   PUBLIC HEARING:  Proposed Biennial Budget FY 2020 - FY2021

MAYOR BOVA opened the public hearing.  The following members of the public addressed the Council regarding the budget:

Melissa Turner, Morton Ave.

Hank Kniskern, 41 Kay St.

Louisa Boatwright, 46 Second St.

Ken Nomiyama, 31 Mann Ave.

Holly Patterson, 49 Harrison Ave.

Aida Neary, 36 Newport Ave.

Elise Williams, 3 Newport Way

Kaitlin Wirth, Conanicus Ave.

David Koustigani

John Shea, 58 Washington St.

Colleen Burns Jermain, Superintendent of Schools

 

COUNCILOR MCLAUGHLIN moved to close the public hearing.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

a.   Budget Change Sheet General and Parking Funds

 

MAYOR BOVA moved to adopt the budget change sheets.  Seconded by COUNCILOR NAPOLITANO.  MAYOR BOVA moved to amend the change sheets by adding a 4% increase to the schools by transferring the funds from the General Fund account to the School account.  Seconded by COUNCILOR NAPOLITANO.  Discussion occurred among the Council regarding the school budget.  The vote on the motion to amend the change sheets was VOTED UNANIMOUSLY.   COUNCILOR MCLAUGHLIN moved to approve as amended.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

b.   Ordinance Appropriating Revenues (First Reading)

 

COUNCILOR MCLAUGHLIN moved to adopt the ordinance on first reading.  Seconded by COUNCILOR LEONARD.  COUNCILOR MCLAUGHLIN moved to amend the ordinance by providing additional funding of $2000 for Newport In Bloom.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMSOULY.

 

COUNCILOR MCLAUGHLIN moved to amend the budget by providing $25,000 to provide temporary repairs to the athletic field at Rogers High School.  Seconded by MAYOR BOVA.  CITY MANAGER JOSEPH J. NICHOLSON, JR., ESQ. addressed the Council regarding the field repairs.  The vote on the motion to amend was VOTED UNANIMOUSLY.

 

COUNCILOR MCLAUGHLIN moved to amend the budget by providing funding for a Citizen’s Survey.  Seconded by MAYOR BOVA.  Discussion occurred among the Council regarding the survey.  The vote on the motion to amend was voted 4-1 with COUNCILOR LEONARD opposed.

 

COUNCILOR MCLAUGHLIN moved to adopt the ordinance appropriating revenues as amended on first reading.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

c.   Ordinance Amending Title 3, Personnel (First Reading)

 

COUNCILOR MCLAUGHLIN moved to adopt the personnel ordinance on first reading.

Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

d.   Ordinance Amending Chapter 1.14 entitled, “Specific Penalties for Certain Violations” (First Reading)

 

COUNCILOR MCLAUGHLIN moved to adopt the personnel ordinance on first reading.

Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

2.   CONSENT CALENDAR.

(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 March 27, 2019 (continued from May 8, 2019) and April 10, 2019 (Approve)

 

b.   Special Events:

1)   Fatface Corporation, d/b/a Fatface’s 3 Years in Newport Community, 172 Thames St.; May 25, 2019 from 1:00 p.m. to 4:00 p.m.

2)   Bowen’s Wharf Co., Inc., d/b/a Tall Ship Providence Port Visit, Bowen’s Wharf; May 31, 2019 through June 3, 2019 from 8:00 a.m. to 10:00 p.m.

3)   Corinthian Events, d/b/a P&MD Dinner, Marble House, 596 Bellevue Ave.; June 10, 2019 from 6:00 p.m. to 10:30 p.m.

4)   Ernest E. Simmons, d/b/a Music Basketball, MLK Courts, The Rev. Dr. Martin Luther King Jr. Park; June 15, 2019 from 12:00 p.m. to 6:00 p.m.

 

REMOVED 5)  St. John’s Church, d/b/a Secret Garden Lunch @ St. John’s the Point; June 15, 2019 from 10:00 a.m. to 5:00 p.m.

 

COUNCILOR MCLAUGHLIN moved to amend the license to add June 14 and 16 to the event. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.  COUNCILOR MCLAUGHLIN moved to approve the license as amended.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

6)   The Rev’d Cannon Anne Marie Richards, d/b/a Trinity Church Strawberry Patch 2019, One Queen Anne Sq.; June 15, 2019 from 11:00 a.m. to 5:00 p.m.

7)   Fort Adams Trust, Inc., d/b/a Music at the Fort, Fort Adams State Park; June 20, July 18, August 15 and September 19, 2019 from 5:00 p.m. to 8:00 p.m.

8)   The Rose Island Lighthouse Foundation, Inc., d/b/a Light Up Your Summer, Newport Shipyard; June 22, 2019 from 5:00 p.m. to 8:00 p.m.

9)   Rhode Island Society Sons of the Revolution, d/b/a Newport Independence Day Celebration, in and around Washington Sq. July 4, 2019 from 9:30 a.m. to 12:30 p.m.

- Communication from Roy D. Lauth, 1st Vice-President, re:  request to waive license fee and for the City to provide police detail

10) Sail Newport, d/b/a Newport Regatta, Sail Newport, 72 Fort Adams Drive; July 5 through July 7, 2019 from 4:00 p.m. to 9:00 p.m.

 

c.   2019 Holiday Selling License Renewals (List Attached)

 

d.   2019 Waste Hauler License Renewals (List Attached)

 

e.   Holiday Selling License, New, Meeka, LLC, d/b/a Meeka, 31 Franklin St.

 

f.    Holiday Selling License, New, Kevin Sullivan, d/b/a Newport Originals, 424 Thames St.

 

g.   Holiday Selling License, New, Luxotica of America, Inc., d/b/a Sunglass Hut, 204 Thames St.

 

h.   Holiday Selling License, New, Nutrition House, Inc., d/b/a A Market Newport, 181 Bellevue Ave. corner unit

 

i.    Fortune Teller License, Renewal, New Location, Marie Miller, d/b/a Pauline’s Palm & Tarot Card Readings, 5 Fair St.

 

REMOVED j.   Communication from P3GM, re:  Bike Share Program for the City of Newport (Receive)

 

MAYOR BOVA introduced the communication and spoke in favor of a bike share program.  Carlos Pujol, P3GM addressed the Council regarding the proposal.  Steven Sabo, Chair, Bicycle and Pedestrian Commission, addressed the Council in favor of the program.  Discussion occurred among the Council regarding a bike share program.  CITY MANAGER NICHOLSON addressed the Council regarding regulatory and e-procurement regulations.  MAYOR BOVA moved to refer the communication to the City Administration for a recommendation.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

COUNCILOR MCLAUGHLIN moved to approve the Consent Calendar in its entirety with the exception of items b (5) and j.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

LICENSES & PERMITS

 

3.   Victualing License, Renewal, Lindsey Kusic, d/b/a Gooseberry Concession and Grill, Gooseberry Beach, Ocean Ave.

 

COUNCILOR MCLAUGHLIN moved to approve the license.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

4.   Victualing License, New, The Nitro Cart, LLC, d/b/a The Nitro Bar, 2 Pond Ave.

 

COUNCILOR MCLAUGHLIN moved to approve the license.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

5.   Victualing License, New, Nutrition House Inc., d/b/a A Market Newport, 181 Bellevue Ave., corner unit

 

COUNCILOR MCLAUGHLIN moved to approve the license.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

6.   Victualing License, New, Tunyamai Pichetshote, d/b/a Tin Can Crab Shake, 472 Thames St.

 

COUNCILOR MCLAUGHLIN moved to approve the license.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

7.   Victualing License, New, LRH, LLC, d/b/a Lobster Roll Heaven/Il Forno Italiano, 372 Thames St.

 

COUNCILOR MCLAUGHLIN moved to approve the license.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

8.   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. (Hearing)

 

COUNCILOR LEONARD recused.

 

COUNCILOR MCLAUGHLIN moved to approve the license.  Seconded by COUNCILOR NAPOLITANO.  Robert Silva, Esq., attorney for the applicant, addressed the Council regarding the application.

 

Connie Bishop, 31 Coddington Wharf, addressed the Council opposing the entertainment expansion.

 

COUNCILOR MCLAUGHLIN moved to received documents from Connie Bishop.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

The following members of the public addressed the Council to oppose the expansion:

 

John Shea, 58 Washington St.

Martha McConnell, 26 Coddington Wharf

John Gosselin, 31 Coddington Wharf

 

COUNCILOR MCLAUGHLIN moved to close the public hearing.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.  CITY SOLICITOR BEHAN addressed the Council regarding public entertainment.  COUNCILOR MCCALLA moved to continue the application to June 12, 2019.  Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY (4-0).

 

9.   2019 Entertainment License Renewals (List Attached)

 

COUNCILOR MCLAUGHLIN m oved to approve the licenses with the exception of @ The Deck, Boat Dockside and Riptides.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

COUNCILOR LEONARD recused.

 

COUNCILOR MCLAUGHLIN moved to approve the licenses for @ The Deck, Boat Dockside, and Riptides.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY (4-0).

 

10. APPOINTMENTS TO BOARDS & COMMISSIONS

 

Note:   Vacancies currently or soon will exist on the following Boards and Commissions:

Affirmative Action Commission, Beach Commission, and Hospitality Commission

 

Appointments

 

Bicycle & Pedestrian Advisory Commission- Katherine Brandeis (5-year term ending 5/22/2024)

 

MAYOR BOVA moved to appoint Katherine Brandeis to the Bicycle & Pedestrian Advisory Commission.  Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.

 

Historic District Commission- Jeffrey Moniz (alternate member, no expiration date)

 

MAYOR BOVA moved to appoint Jeffrey Moniz to the Historic District Commission.  Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.

 

Waterfront Commission – Robert Anton (3-year term ending 1/11/21)

 

MAYOR BOVA moved to appoint Robert Anton to the Waterfront Commission.  Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.

 

RESOLUTIONS

 

11.   Plastic Waste Reduction Act- L. Ceglie, J. Bova

 

MAYOR BOVA introduced the resolution and moved for its passage.  Seconded by COUNCILOR NAPOLITANO.  COUNCILOR MCLAUGHLIN moved to amend the resolution to “request a copy of the resolution be sent to all members of the Rhode Island General Assembly”.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.  MAYOR BOVA moved to approve as amended.  Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.

 

ORDINANCES

 

12. Amending Section 5.12.040 of the Codified Ordinances, entitled, “Number of License Permitted” (First Reading)

 

COUNCILOR MCLAUGHLIN moved to table the ordinance for consideration under the Board of License Commissioners.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

COMMUNICATIONS AND PETITIONS

 

13. Communication from Colleen Burns Jermain, Superintendent of Schools, re:  Update on the Rhode Island Department of Education Letter of Intent and RHS Kickoff event

 

Colleen Burns Jermain, addressed the Council to provide an update on the letter of intent.

 

COMMUNICATIONS FROM THE CITY MANAGER

 

14. Action Item #5850/19 – RE:  Innovate Newport Business Incubator Project (w/accompanying resolution) – continued from May 8, 2019

 

COUNCILOR MCLAUGHLIN moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR LEONARD.  Laura Sitrin, Finance Director, addressed the Council to answer questions.  The vote on the motion to approve was VOTED UNANIMOUSLY.

 

15. Action Item #5851/19 – RE:  Proposal Award # 19-037- Engineering Services for Newport Water Infrastructure Replacement Plan Update (w/accompanying resolution)

 

COUNCILOR MCLAUGHLIN moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

16. Action Item #5852/19 – RE:   Award of Bid # 19-040 - July 04th Fireworks Display to be held on July 13th (w/accompanying resolution)

 

COUNCILOR MCLAUGHLIN moved to receive the communication and adopt the accompanying resolution.  Seconded by MAYOR BOVA who provided information on the bid process for fireworks.   MAYOR BOVA moved to amend the contract to change the date of fireworks to July 2.  Seconded by COUNCILOR LEONARD and voted 4-1 with COUNCILOR MCLAUGHLIN opposed.    Patricia Vecchione, business owner, addressed the Council.   MAYOR BOVA moved to approve as amended.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

17. Action Item #5853/19 – RE:   Award of Contract - RFP 19-042 - Easton’s Beach – Parking Pay Stations (w/accompanying resolution)

 

COUNCILOR MCLAUGHLIN moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

18. Action Item #5854/19 – RE:  Ordinance Amendment Chapter 2.120.010 – General Fee Schedule-Easton’s Beach (w/accompanying ordinance)

 

COUNCILOR MCLAUGHLIN moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

COUNCILOR MCLAUGHLIN moved to adjourn as Council and convene as Board of License Commissioners.   Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

 

BOARD OF LICENSE COMMISSIONERS

 

CONSENT CALENDAR

 

1.   Class F Daily Liquor License: Clean Ocean Access, d/b/a World Oceans Day/Fundraiser, Easton’s Beach Rotunda; June 6, 2019 from 6:00 p.m. to 9:00 p.m.

 

2.   Class F-1 Daily Liquor Licenses:

a.   The Rose Island Lighthouse Foundation, Inc., d/b/a Light Up Your Summer, Newport Shipyard; June 22, 2019 from 5:00 p.m. to 8:00 p.m.

b.   Fort Adams Trust, Inc., d/b/a Music at the Fort, Fort Adams State Park; June 20, July 18, August 15 and September 19, 2019 from 5:00 p.m. to 8:00 p.m.

c.   Sail Newport Inc., d/b/a Newport Regatta, Sail Newport, 72 Fort Adams Drive; July 5, 2019 through July 7, 2019 from 4:00 p.m. to 8:00 p.m.

 

COMMISSIONER MCLAUGHLIN moved to approve the Consent Calendar in its entirety.  Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.

 

LICENSES AND PERMITS

 

3.   Action Item #5855/19 – RE:  Show Cause Hearing:  Unity 3, LLC, d/b/a Area - Violations of the Conditions of the Class BL Alcoholic Beverage License – Abandonment of License

 

Rui Reis, addressed the Board to provide a history regarding the liquor license.  Discussion occurred among the Board members and the Mr. Reis.  CITY SOLICITOR BEHAN addressed the Board regarding the show cause.  COMMISSIONER LEONARD moved to continue the hearing to June 26, 2019.  Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.

 

COMMISSIONER MCLAUGHLIN moved to adjourn as Board of License Commissioners and reconvene as Council.  Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.

 

12. Amending Section 5.12.040 of the Codified Ordinances, entitled, “Number of License Permitted” (First Reading)

 

COUNCILOR MCLAUGHLIN moved to continue the ordinance to June 26, 2019.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

Laura C. Swistak

City Clerk

ADJOURN- 9:15 p.m.

 

HOLIDAY SELLING RENEWALS

 

d/b/a

Owner

Address

All Fired Up Pottery

Lee Segal & Irene Parthenis

452 Thames St.

ReSails*

Hooley World Wide Inc.

43 Long Wharf Mall*

 

*Change of d/b/a

*Change of Location

Wagon Wheel

Wagon Wheel Inc.

246 Thames St.

 

 

 

 

WASTE HAULER LICENSE RENEWALS

 

A Star Waste Disposal Inc., PO Box 2485, Pawtucket, RI 02861

Gulfeagle Supply, Inc., 2900 East 7th Ave., Tampa, FL 33605

Island Rubbish Service Inc., 8 Swinburne St., Jamestown, RI 02835

K. Scott Construction & Disposal, Inc., 21 Ashland Road, N. Scituate, RI 02857

MTG Disposal, LLC, 19 Industrial Way, Seekonk, MA 02771

Pasquazzi Bros., Inc./Heather Construction Corp., 464 Dyer Ave., Cranston, RI 02920

RPKK, Inc., PO Box 126, Wood River Junction, RI 02894

Waste Connections of Rhode Island, Inc., 2208 Plainfield Pike, Johnston, RI 02919

Waste Management Newport, 65 Halsey St., Newport, RI 02840

 

Entertainment Licenses by Class (restrictions noted)

 

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