CITY OF NEWPORT
MINUTES FOR THE COUNCIL MEETING
OCTOBER 23, 2019
(Approved 12/11/2019)
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 23, 2019 at 6:30 p.m.
CITIZENS’ FORUM:
1. PUBLIC HEARING: Abandonment of Bartlett Court
Action Item #5886/19 – RE: Bartlett Court (Easternmost Portion) –Request for Abandonment of Public Right of Way (w/accompanying resolution)
MAYOR BOVA opened the Public Hearing. Peter Regan, Esq., addressed the Council representing the buyer of the property and explained why the abandonment is necessary. Peter Regan, presented an additional plat plan to the Council. MAYOR BOVA moved to receive the document. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
Lynn McKesson, Bartlett Court, addressed the Council regarding the proposal and the need to maintain the current parking .
CITY MANAGER JOSEPH J. NICHOLSON, JR. ESQ., addressed the Council regarding the current parking on Bartlett Court.
MAYOR BOVA moved to close the public hearing and approve. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
2. PUBLIC HEARING: Proposed Amendments to the Zoning Ordinance to change Lot 123 of Plat 21 (2 Kay St.) from the R-10 Zoning District to the General Business Zoning District
a) Ordinance amending Section 17.12.020 entitled, “Zoning Map”, to change Lot 123 of Plat 21 (2 Kay St.) from the R-10 Zoning District to the General Business Zoning District (First Reading)
MAYOR BOVA opened the public hearing. MAYOR BOVA moved to continue the public hearing to November 13, 2019. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
3. PUBLIC HEARING- Proposed Amendments to the Zoning Ordinance- add New Chapter, 17.71 entitled, “Mixed Use Planned District”
a) Recommendation from the Planning Board
b) Ordinance amending Title 17, entitled, “Zoning” to add new Chapter 17.71 entitled, “Mixed Use Planned District” (First Reading)
MAYOR BOVA moved to receive the recommendation from the Planning Board. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
MAYOR BOVA moved to continue the public hearing to December 11, 2019. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
4. 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. Special Events:
1) Dawn Gardner, d/b/a Bonfire for Rogers High School Homecoming Week, Easton’s Beach; November 27, 2019 from 6:00 p.m. to 8:00 p.m.
2) Jeanne M. Drapeau Artisans by the Bay, d/b/a Holiday Craft Show, Hotel Viking; December 1, 2019 from 10:00 a.m. to 4:00 p.m.
b. Holiday Selling License, New, Philip G. Ayoub, d/b/a Bean Tyler & the Sly Dog Co., 400 Thames St., Unit 6
c. Communication from Bret A. Lohnes, re: Correcting the business owner for tattoo license for Captain Bret’s Tattoo Shop, Inc., 4 Collins St., Unit 4a (Receive and make part of licensee’s file)
COUNCILOR TAYLOR moved to approve the Consent Calendar in its entirety. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
LICENSES & PERMITS
5. Farmers Market License, New, Aquidneck Community Table, d/b/a Aquidneck Grower’s Market, Easton’s Beach Rotunda, Saturday’s from November 2, 2019- May 9, 2020 from 9:00 a.m. to 12:30 p.m.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
6. Entertainment License, New, Class A (Indoors), JRL Holdings, LLC, d/b/a to be determined, 8 West Marlborough St. (Second Hearing)
MAYOR BOVA opened the public hearing. John Russell, Esq., on behalf of the applicant was present to answer questions. MAYOR BOVA moved to close the public hearing and approve. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
7. Entertainment License, Expansion, Class B (outdoors), NPG Hospitality, LLC, d/b/a Gurney’s Newport Resort & Marina, 1 Goat Island, to expand outdoor entertainment to the North Lawn for an outdoor skating rink from November 15, 2019 through March 1, 2020 from 10:00 a.m. to 9:00 p.m. from Monday through Sunday (Hearing)
MAYOR BOVA opened the public hearing. David Smiley, General Manager, addressed the Council regarding the skating rink. MAYOR BOVA moved to close the public hearing and approve. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
8. Victualing License, New, Hammetts Wharf Hotel, LLC, d/b/a Hammetts Hotel, 4 Commercial Wharf
COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR CEGLIE. COUNCILOR MCLAUGHLIN had questions regarding the licensed premises. Turner Scott, Esq., representing the applicant, addressed the Council to answer questions. The vote on the motion to approve was VOTED UNANIMOUSLY.
9. Victualing License, New, BHLL, LLC, d/b/a Brenton Hotel, 31 America’s Cup Ave.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
10. 2019-2020 Annual Victualing License Renewals (list attached)
a) Non-liquor establishments
COUNCILOR TAYLOR moved to approve the licenses. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
b) Non-liquor extended hours (2:00 a.m. to 6:00 a.m.)
COUNCILOR TAYLOR moved to approve the licenses. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
c) Liquor establishments
COUNCILOR TAYLOR moved to approve the licenses with the exception of @ The Deck, Dockside North and Riptides. Seconded by COUNCILOR MLAUGHLIN and VOTED UNANIMOUSLY.
Michael Murray, Esq., addressed the Council regarding the survey completed for Old Battle Axe, Inc., d/b/a The Reef, West Howard Wharf.
MAYOR BOVA moved to approve the license subject to the completed survey being submitted to the Council by the first meeting of 2020. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
COUNCILOR LEONARD recused.
COUNCILOR TAYLOR moved to approve @ The Deck, Dockside North and Riptides. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOULSY.
11. 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
Tax Board of Appeals
Paul Tobak (6-year term exp. 11/1/21; 2nd term)
Paul Bernard (6-year term exp. 11/1/25; 3rd term)
MAYOR BOVA moved to continue the appointments to November 13, 2019. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Planning Board-continued from September 25, 2019 meeting:
Jeffrey Brooks (3-year term exp. 10/31/22; 2nd term)
MAYOR BOVA moved to reappoint Jeffrey Brooks to the Planning Board. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
John Oliveira (3-year term exp. 10/31/22; 3rd term)
MAYOR BOVA moved to reappoint John Oliveira to the Planning Board. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
Liam Barry (3-year term exp. 10/31/21; 3rd term)
MAYOR BOVA moved to reappoint Liam Barry to the Planning Board. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
RESOLUTIONS
ORDINANCES
12. Amending Title Three, entitled “Personnel”, Chapter 3.12.020 entitled, “City manager to maintain specifications- Enumeration of Classes” and Chapter 3.16.060 entitled, “Executive, Administrative, and Professional Employees, Supervisory Employees- N.E.A.” (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
13. Approving the financing of improvements to the Newport Water System (First Reading)
COUNCILOR TAYLOR moved to approve the ordinance on first reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
14. Amending Chapter 5.12.040 entitled, “Number of Licenses permitted”, to increase the number of Class BT licenses (First Reading)
MAYOR BOVA moved to table the ordinance until after the Boards of License Commissioners has adjourned. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
15. Amending Chapter 5.12.040, entitled, “Number of Licenses permitted”, to decrease the number of Class BL licenses (First Reading) -Continued from August 28, 2019
MAYOR BOVA moved to table the ordinance until after the Boards of License Commissioners has adjourned. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
COMMUNICATIONS FROM THE CITY MANAGER
16. Memo from the City Manager RE: Status Report #2 on Zoning Code Update
COUNCILOR TAYLOR moved to receive the report. Seconded by COUNCILOR LEONARD. MAYOR BOVA had questions regarding the report. Patricia Reynolds, Director of Planning and Economic Development addressed the Council to answer questions. The vote on the motion to receive was VOTED UNANIMOUSLY.
17. Action Item #5887/19 – RE: Supplemental Agreement #1, Contract #17-048 - Washington Street and Long Wharf Seawall Repair Project (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO.
MAYOR BOVA had questions regarding the project. William Boardman, City Engineer, addressed the Council regarding the repair project. The vote on the motion to approve was VOTED UNANIMOUSLY.
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
BOARD OF LICENSE COMMISSIONERS
CONSENT CALENDAR
LICENSES AND PERMITS
1. 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- Continued from August 28, 2019
MAYOR BOVA opened the hearing. CITY SOLICITOR BEHAN addressed the Board regarding the license. Discussion occurred among the Board regarding the license. Maurice Cusick, Esq., addressed the Council regarding the license.
MAYOR BOVA moved to continue the hearing to December 11, 2019. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.
2. Application of JACE Enterprises, Inc., d/b/a Andrew’s Liquors, 297 JT Connell Highway, to transfer its Class A alcoholic beverage license to Hammetts Wharf Hotel, LLC (Hammetts Wharf, LLC 100%- Colin Kane, Managing Member), d/b/a Hammetts Wharf, 4 Commerical Wharf (Hearing)
MAYOR BOVA opened the hearing. Turner Scott, Esq., addressed the Board on behalf of the applicant. Mr. Scott requested the application be amended to state a “Class A license is to be surrendered and a Class BT license to be issued”. MAYOR BOVA moved to receive the amendment. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
Andrew Teitz, Esq., addressed the Council regarding the Class BT license and the transfer and conversion of classes of licenses.
MAYOR BOVA moved to close the public hearing and approve as amended subject to the Council action on the Class BT licenses. Seconded by COMMISSIONER TAYLOR and VOTED UNANIMOUSLY.
3. Application of KL Partners, LLC, d/b/a to be determined, 137 Spring St, to transfer its Class A alcoholic beverage license to BHLL, LLC (Jeffrey M. Farrar- 50%, John W. Hubber- 25%, James F. Carlin, III- 25%), d/b/a Brenton Hotel, 31 America’s Cup Ave. (Hearing)
MAYOR BOVA opened the hearing. Turner Scott, Esq., addressed the Board on behalf of the applicant. Mr. Scott requested the application be amended to state a “Class A license is to be surrendered, and a Class BT license to be issued”. MAYOR BOVA moved to receive the amendment. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
MAYOR BOVA moved to amend the application. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
MAYOR BOVA moved to close the public hearing and approve as amended subject to action being taken by the Council regarding the Class BT licenses. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
4. 2019-2020 Liquor License Renewals (Hearing):
MAYOR BOVA opened the public hearing. MAYOR BOVA moved to the close the public hearing and approve with the exception of @ The Deck, Boat Dockside and Riptides. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
COMMISSIONER LEONARD recused.
MAYOR BOVA moved to approve @ The Deck, Boat Dockside and Riptides. Seconded by COMMISSIONER TAYLOR and VOTED UNANIMOUSLY.
LIQUOR CLASSA
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Bellevue Wine & Spirits, LLC, d/b/a Bellevue Wine & Spirits, 181 Bellevue Ave.
Fifth Ward Liquor, Inc., d/b/a Fifth Ward Liquor, 695 Thames St.
Harry S. Karanikolas, Inc., d/b/a Harry's Liquor Store, 199 Connell Hgwy.
Hoan, Inc., d/b/a Rex Liquors, 146 Broadway
IDC Rum Runner, Inc., d/b/a Rum Runner, 5 Marina Plaza Unit B
JACE Enterprises, Inc., d/b/a Andrew's Liquors, 295-297 JT Connell Memorial Highway
KL Partners LLC, d/b/a t/b/d, 137 Spring St.
KRG Enterprises, Inc., d/b/a Bridge Liquors, 23 Connell Highway
Menchin Enterprises, LLC, d/b/a Bliss Road Beer Wine & Spirits, 25 Bliss Rd.
Newport Wine Cellar, LLC, d/b/a Newport Wine Cellar, 11 Memorial Blvd.
Turnip Greens, LLC, d/b/a Stoneacre Wine & Spirits, 580 Thames St. Unit 8
Vickers' Liquors LLC d/b/a Vickers' Liquors, 274 Bellevue Ave.
LIQUOR CLASS BH
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Forty 1 North LLC, d/b/a 41 Degrees North, 351Thames 14, 16, 20 Perry Mill
Legendary Inns of Newport, Inc. d/b/a Cliffside Inn 2 Seaview Ave.
Viking, LLC, d/b/a Hotel Viking, 1 Bellevue Ave.
LIQUOR CLASS BL
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Harry’s Newport Burger, LLC d/b/a Harry’s Bar Burger, 464 Thames St.
Newport Tokyo House Sushi & Asian, Inc., d/b/a Newport Tokyo House Sushi & Asian, 6 Equality PK
Mama Luisa, Inc., d/b/a Mamma Luisa Italian Restaurant, 673 Thames St.
Mission, LLC, d/b/a Mission, 29 (Unit 3) & 31 Marlborough
JRL Holdings, LLC, d/b/a t/b/d, 8 West Marlborough St.
NDC Enterprises, LLC, d/b/a Norey’s, 156 Broadway
North Italian Restaurant Brio, Inc., d/b/a Lucia Italian Restaurant/Pizza Lucia, 186B-190B Thames St.
Radish Patch, LLC, d/b/a La Vasca, 515 Thames St.
Thames St. Thai Cuisine, LLC, d/b/a Thai Cuisine, 517 Thames St.
LIQUOR CLASS BT
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Castle Hill, Inc., d/b/a Castle Hill Inn and Resort, 590 Ocean Ave.
Chanler, Inc., The, d/b/a Chanler Cliff Walk, The, 117 Memorial Blvd.
Forty 1 North LLC d/b/a 41 Degrees North, 51Thames & 14, 16, 20 Perry Mill
Marriott Hotel Services, Inc., d/b/a Newport Marriott Hotel , 25 America's Cup Ave.
Newport Time Resorts, Inc. d/b/a Oceancliff, 65 Ridge Road (hotel only)
NPG Hospitality, LLC, d/b/a Gurney's Newport Resort and Marina, 1 Goat, Island
Seaport Grille & Raw Bar, LLC, d/b/a Port, The, 359Thames St.
Shaner Rhode Island LLC, d/b/a Saltwater, 49 America's Cup AV
Viking Tenant, LLC, d/b/a Hotel Viking, 1 Bellevue Ave.
LIQUOR CLASS BV
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@ The Deck, LLC, d/b/a @ The Deck, 1Waite's Wharf
2paddysandacanuck LLC, d/b/a Fifth Element, The, 107 Broadway
2 Church Street, LLC, d/b/a Queen Anne's Loft , 212 Thames St.
22 Bowen's Wine Bar and Grille, LLC, d/b/a 22 Bowen's Wine Bar and Grille, 22 Bowen's Wharf
22 Washington Sq., Inc., d/b/a Bar Cino, 22 Washington Sq.
99 West, LLC, d/b/a 99 Restaurant and Pub, 199 Connell Hgwy.
American Bistro, LLC, d/b/a Jo's American Bistro, 24 Memorial Blvd. West.
BKA Industries, Inc., d/b/a Scales & Shells, 527 Thames St.
Belle Mer, Inc., d/b/a Belle Mer, 2 Goat Island
Brownstone, Inc., d/b/a One Pelham East & Studio 3, 270 Thames St.
Café Zelda, LLC, d/b/a Cafe Zelda, 528 Thames St.
Premier Entertainment II, LLC, d/b/a Newport Grand, 150 Admiral Kalbfus Rd.
Carter LLC, d/b/a Speakeasy Bar and Grill, 250 Thames St.
Clarke Cooke House, LLC, d/b/a Clarke Cooke House, Cooke House, Candy Store, The, 26 Bannister's Wharf
Diego's Newport, LLC, d/b/a Diego's, 11 Bowen's Wharf
Dockside North, LLC, d/b/a Riptides, 25 Waite's WF #B
Five Tempus LTD, d/b/a O'Brien's Pub, 501 Thames St.
Goat Island Grille, Inc., d/b/a Regatta Place, The, 5 Goat Island
Hillside & Cappy, Inc, d/b/a Hillside Café, 8 Memorial Blvd. West
Kale Stems, LLC d/b/a Stoneacre, 28-30 Washington Sq.
Kelkery Food and Spirits, Inc., d/b/a Perro Salado, 19 Charles St.
Leinster, Inc., d/b/a Malt, 150 Broadway
Liquor Thames, LLC, d/b/a Bar & Board, 282 Thames St.
Marina Café, LLC, d/b/a Marina Café, 3 Marina Plaza
Mooring LTD, d/b/a Mooring Seafood Kitchen & Bar, The, 2 Sayer’s Wharf
Mooring LTD, The, d/b/a Smokehouse Cafe, 31 Scott's WF
NT Corporation, d/b/a The Black Pearl, Bannister’s Wharf
Newport Playhouse & Cabaret Restaurant, d/b/a Newport Playhouse & Cabaret Restaurant 102 Connell Hwy
Newport Waterfront Landing, Inc., d/b/a Landing, The, 30 Bowen's WF
Old Battle Axe, Inc., d/b/a Reef, The, West Howard Wharf
Parlor, LLC, d/b/a Parlor, 200 Broadway
Partner's In Wine, Inc., d/b/a Fluke Wine Bar & Kitchen, 41 Bowen's Wharf
Pasta Beach, LLC, d/b/a Pasta Beach, 136-138 Bellevue Ave.
Plumb, Inc., d/b/a Brick Alley Pub & Restaurant, 140 Thames St.
Restaurant Bouchard, Inc., d/b/a Restaurant Bouchard & TSK at the Revolving Door, 505 Thames St.
S S R Corporation, d/b/a Sardella's Restaurant, 30 Memorial Blvd West
Tri Group, LLC, Newport Blues Café, 286-292 Thames St.
Waite's Wharf Grille LLC, d/b/a Boat Dockside, The, 25 Waite's Wharf #A
Wharf Pub Newport, LLC, d/b/a Wharf Pub, The, 37 Bowen's Wharf
LIQUOR CLASS D
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Ancient Order of Hibernians Division #1 in Newport, d/b/a Ancient Order of Hibernians 2 Wellington Ave.
Ida Lewis Yacht Club, d/b/a Ida Lewis Yacht Club, Lime Rock - Wellington Ave.
Irish American Athletic Club, Irish American Athletic Club, 642 Thames St.
New York Yacht Club, d/b/a New York Yacht Club Harbour Court, Harbour Court - 5 Halidon Ave.
Newport Lodge #104 Benevolent & Protective Order of Elk's, d/b/a Elk's Club, 141Pelham St.
Newport Reading Room, d/b/a Newport Reading Room, 29 Bellevue Ave.
Newport Yacht Club, d/b/a Newport Yacht Club, City Wharf - Long Wharf
NSC, Inc., d/b/a Newport Sportsmans Club, The, 110 Connell Hwy
Spouting Rock Beach Association, d/b/a Bailey's Beach, 34 Ocean Ave.
Vasco Da Gama Portuguese American Charitable Society Inc., d/b/a Vasco Da Gama Portuguese American Charitable Society Inc., 15 Fenner Ave.
LIQUOR CLASSJ
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Historic Wharves Associates, Inc., d/b/a Bohlin, The, Commercial Wharf
LIQUOR CLASSK
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WHT Management, LLC, d/b/a White Horse Tavern, 26Marlborough St.
LIQUOR CLASST
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Fine Arts Newport, Inc., d/b/a Jane Pickens Theater & Event Center, 49 Touro Street
COMMISSIONER TAYLOR moved to adjourn as Board of License Commissioners and reconvene as Council. Seconded by COMMISSIOENR MCLAUGHLIN and VOTED UNANIMOUSLY.
14. Amending Chapter 5.12.040 entitled, “Number of Licenses permitted”, to increase the number of Class BT licenses (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
15. Amending Chapter 5.12.040, entitled, “Number of Licenses permitted”, to decrease the number of Class BL licenses (First Reading) -Continued from August 28, 2019
COUNCILOR TAYLOR moved to continue the ordinance to December 11, 2019. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN- 7:51 p.m.
