CITY OF NEWPORT
OCTOBER 9, 2019
(Approved 11/13/2019)
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 October 9, 2019 at 7:00 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 | JEANNE-MARIE NAPOLITANO |
| KATHRYN E. LEONARD | |
CITIZENS’ FORUM:
John Hirschboeck, 410 Gibbs Ave., addressed the Council regarding free daffodil bulbs.
(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 meeting held September 11, 2019 (Approve)
b. Special Events:
1) Kristen Mashaw/Parlor, d/b/a Vintage Sidewalk Sale, 200-212 Broadway; October 12, 2019 from 11:00 a.m. to 6:00 p.m.
2) Ernest E. Simmons, d/b/a Music Basketball, MLK Courts, Dr. Martin Luther King Park; October 12, 2019 from 12:00 p.m. to 6:00 p.m.
3) Field of Artisans, d/b/a Field of Artisans/Art Market, Salve Regina University, Ochre Court; November 15, 2019 from 11:30 a.m. to 5:30 p.m.
4) Museum of Newport Irish History, Inc., d/b/a Cahal Dunne in Concert, Salve Regina University, DiStefano Hall; November 15, 2019 from 5:30 p.m. to 7:30 p.m.
5) St. Augustin, d/b/a St. Augustin Bazaar, St. Augustin Parish Hall; November 23, 2019 from 10:00 a.m. to 3:00 p.m.
c. Holiday Selling License, New, Athleta, LLC, d/b/a Athleta, 36 America’s Cup Ave.
d. Communication from Friends of the Waterfront, re: Lee’s Wharf, a CRMC-designated Right-of-Way and City Street (Receive)
e. Communication from Trip Wolfskehl, re: Resignation from the Bicycle and Pedestrian Advisory Commission (Receive with regret)
f. Communication from Rebecca Bolan, re: Resignation from the Bicycle and Pedestrian Advisory Commission (Receive with regret)
COUNCILOR TAYLOR moved to adopt the Consent Calendar in its entirety. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
2. Entertainment License, New, Class A (Indoors), JRL Holdings, LLC, d/b/a to be determined, 8 West Marlborough St. (Hearing)
COUNCILOR TAYLOR moved to close the public hearing and approve. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
3. Application of NPG Hospitality, LLC, d/b/a Gurney’s Newport Resort & Marina, 1 Goat Island, to expand its Class B outdoor entertainment license to include the South Lawn adjacent to the pavillion from 11:00 a.m. to 12:00 a.m. Friday, Saturday and Sunday preceding a Monday holiday and 11:00 p.m. Sunday through Thursday (Second Hearing)
MAYOR BOVA opened the public hearing. Jeremiah C. Lynch, Esq., addressed the Council on behalf of the applicant and clarified the licensed premises and the South Lawn area. COUNCILOR LEONARD asked about communications with the Point Association. Tom Hockaday, Point Association President, addressed the Council regarding enforcement of the entertainment license conditions if approved.
MAYOR BOVA moved to close the public hearing and approve subject to conditions imposed. 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
Historic District Commission – Jeffrey Moniz (move from 1st alternate to full member)
MAYOR BOVA moved to appoint Jeffrey Moniz as a full member to the Historic District Commission. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
Reappointments:
Historic Cemetery Advisory Commission – Lewis Keen (3-year term exp. 10/26/22; 3rd term)
MAYOR BOVA moved to reappoint Lewis Keen to the Historic Cemetery Advisory Commission. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
5. Section 17.04.050, entitled “General Requirements” (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
6. Section 17.08.010, entitled “Definitions” (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
7. Section 17.56.060, entitled “Building Height Requirements” (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
8. Section 17.108.010, entitled “Variances” (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
9. Section 17.108.020, entitled “Special Use Permits” (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
10. Amending Chapter 14.04 of the Codified Ordinances, entitled, “Comprehensive Land Use Plan”, to add a new section 14.04.020 entitled, “Moratorium” (Second Reading)
COUNCILOR TAYLOR moved to approve the ordinance on second reading. Seconded by COUNCILOR MCLAUGHLIN. The following members of the public addressed the Council regarding the moratorium:
Tom Hockaday, 74 Second St., President, Point Association, addressed the Council and presented a communication. MAYOR BOVA moved to receive the communication. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
Alana Hearn, 92 Mary St.
David Lawrence, 75 Beetle Drive, Middletown, RI
Verona Gun, 27 Chapel St.
Erin Donovan Boyle, Chamber of Commerce
Patrick Dougherty, Esq., Narragansett RI
COUNCILOR NAPOLITANO moved to continue the ordinance to November 13, 2019. Seconded by COUNCILOR CEGLIE. The motion failed 2-5 with MAYOR BOVA, COUNCILOR MCCALLA, COUNCILOR LEONARD, COUNCILOR MCLAUGHLIN and COUNCILOR TAYLOR opposed. Discussion continued among the Council.
The vote on the motion to adopt the ordinance was voted 5-2 with COUNCILOR NAPOLITANO and COUNCILOR CEGLIE opposed.
11. Amending Chapter 10.52 of the Codified Ordinances, entitled, “Weight Restricted Streets” to amend Section 10.52.010 entitled, “No-through streets listed-signs required” (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR CEGLIE moved to amend the ordinance to add “trucks only”. Seconded by MAYOR BOVA. Discussion occurred among the Council regarding the amendment. The vote on the motion to amend was voted 6-1 with COUNCILOR TAYLOR opposed.
MAYOR BOVA moved to adopt the ordinance as amended. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
12. Communication from Turner C. Scott, Esq., re: Retail Beverage Licenses Class B-Tavern
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR MCLAUGHLIN. Turner Scott, Esq., addressed the Council regarding retail beverage licenses and the request to increase the number of Class BT licenses. Discussion occurred among the Council and Mr. Scott. COUNCILOR MCLAUGHLIN moved to direct the administration to bring forward an ordinance to the October 23, 2019 Council meeting which would increase the number of Class BT licenses. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
13. Memo from the City Manager RE: Status Report on Zoning Code Update
COUNCILOR TAYLOR moved to receive the memorandum. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
14. Action Item #5882/19 – RE: Collective Bargaining Agreement between the City of Newport and the Newport Municipal Employees Association, NEARI, Supervisory Employees, for the period of July 1, 2019 through June 30, 2022 (w/accompanying resolution and ordinance)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution and ordinance. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
15. Action Item #5883/19 – RE: Cooperation Agreement between the City of Newport and the Housing Authority of the City of Newport – Park Holm Phase III Development (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE. Rhonda Mitchell, Newport Housing Authority, addressed the Council regarding the development project. The vote on the motion to approve was voted 6-1 with COUNCILOR LEONARD opposed.
16. Action Item #5884/19 – RE: Award of Bid #20-005 – CDBG-Pell School Poured in Place Rubber Playground Safety Surfacing (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
17. Action Item #5885/19 – RE: Supplemental Agreement #1, Contract #17-055 - Historic Gravestone Restoration and Resetting (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
1. Class F Daily Liquor License, Common Fence Music Company, d/b/a Fall Moon Festival; November 2, 2019 from 7:30 p.m. to 11:00 p.m.
COMMISSIONER TAYLOR moved to approve the Consent Calendar. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN- 8:13 p.m.