CITY OF NEWPORT
SEPTEMBER 11, 2019
(Approved 10/9/2019)
THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS,
CITY HALL, 43 BROADWAY, NEWPORT, RI
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 September 11, 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 | JEANNE-MARIE NAPOLITANO |
ABSENT
KATHRYN E. LEONARD
~Proclamation for “Moving Wall Day for Vietnam Veterans”~
Mayor Bova read the proclamation in to the record.
Presentation by Brian Dugan, Fire Chief, regarding Rave Alert, the City’s new Emergency Notification System
Fire Chief Brian Dugan provided an update on the Rave Alert system.
CITIZENS’ FORUM:
Michael Cullen, 19 Bayside Ave, addressed the Council regarding Economic Development.
COUNCILOR TAYLOR moved item #12 be moved to after the Consent Calendar. Seconded by COUNCILOR MCLAUGHLIN 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. Special Events:
Removed 1) Fireworks Display, State Legislative Leaders Foundation, d/b/a National Speakers Conference, barge off of Rosecliff; September 19, 2019 for a 20-25-minute display beginning at 9:30 p.m.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR TAYLOR reminded the applicant of the pending ordinance and asked about the nature of the event since it was occurring on a school night.
John Gusti, 3 Osprey Drive, Coventry, RI addressed the Council regarding the event. The vote on the motion to approve was VOTED UNANIMOUSLY.
Removed 2) Fireworks Display, Ben Howarth, d/b/a Howarth Wedding, barge off of Belle Mer; September 21, 2019 for a six-minute display beginning at 8:15 p.m.
Removed 3) Fireworks Display, Shawn Lyons, d/b/a Lyons Wedding, barge off of Belle Mer; October 12, 2019 for a six-minute display beginning at 8:45 p.m.
COUNCILOR TAYLOR moved to approve items a(2) and a(3). Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
4) Newport Elks Lodge, d/b/a Outdoor Movie, Elk’s Lodge, 141 Pelham St., September 28, 2019 from 7:00 p.m. to 11:00 p.m.
5) The Landing Restaurant, d/b/a Landing Seafood Fest, 30 Bowen’s Wharf; October 19-20, 2019 from 11:00 a.m. to 8:00 p.m.
6) A Wish Come True, d/b/a 2020 New Years Day Plunge, Easton’s Beach; January 1, 2019 from 8:00 a.m. to 3:00 p.m.
b. Holiday Selling License, New, Becca Rose Natural Body Care, LLC, d/b/a Becca Rose, 491 Thames St.
c. Banner License Application, Audrain Auto Museum to hang a banner September 16, 2019 through October 2, 2019 between The Red Parrot and Midtown Oyster Bar advertising Concours and Motor Week
REMOVED d. Communication from Stoel Rives, LLP on behalf of Princess Cruise Lines, Ltd. and Holland America Line N.V., re: Requesting permission to serve alcoholic beverages aboard the Regal Princess, Sapphire Princess, Caribbean Princess and ms Zuiderdam while anchored in Newport Harbor in conjunction with their State Class G Marine Vessel Beverage Licenses for the 2019 season (Approve)
COUNCILOR TAYLOR moved to receive and approve the communication. Seconded by COUNCILOR NAPOLITANO. COUNCILOR MCLAUGHLIN had questions regarding the approval. CITY SOLICITOR CHRISTOPHER BEHAN addressed the Council regarding a Class G liquor license. The vote on the motion to approve was VOTED UNANIMOUSLY.
e. Communication from Edward D. Pare, Jr., Esq., Brown Rudnick LLP, re: Small Cell Facilities, Newport, Rhode Island- New Cingular Wireless PCS, LLC, d/b/a AT & T (“AT&T”) (Shepard Avenue) (Receive and refer to city administration for a recommendation)
f. Communication from Edward D. Pare, Jr., Esq., Brown Rudnick LLP, re: Small Cell Facilities, Newport, Rhode Island- New Cingular Wireless PCS, LLC, d/b/a AT & T (“AT&T”) (JT Connell Highway and Admiral Kalbfus Rd.) (Receive and refer to city administration for a recommendation)
COUNCILOR TAYLOR moved to adopt the Consent Calendar in its entirety with the exception of items a (1), a (2), a (3) and d. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
2. Application for Mobile Food Establishment Trucks (MFET) (6 available):
a. 1899, LLC, d/b/a La Forge Casino Restaurant, 186 Bellevue Ave.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
3. Application for Mobile Food Establishment Carts (MFEC) (6 available):
a. Viking Hot Dog, LLC, d/b/a Viking Hot Dog, One Courthouse Sq.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
b. Wally’s Hot Dog Cart, LLC, d/b/a Wally’s Hot Dog Cart, 252 Oliphant Lane, Middletown, RI
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
4. 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 (Hearing)
COUNCILOR TAYLOR moved to continue the application to September 25, 2019. 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
6. Requesting the City Council to implement discussions with the Portsmouth Town Council and School Superintendents regarding school unification – K. Leonard, J. Napolitano, L. Ceglie, S. Taylor
COUNCILOR NAPOLITANO introduced the resolution and moved for its passage. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR NAPOLITANO moved to amend the resolution to change “school superintendents” to “school committees” and change the date to October 15, 2019. Seconded by COUNCILOR TAYLOR. Colleen Burns Jermain addressed the Council regarding the meeting. Discussion occurred among the Council. The vote on the motion to amend the resolution was VOTED UNANIMOUSLY. MAYOR BOVA moved to approve as amended. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
7. Innovation District – J. McLaughlin, S. Taylor
COUNCILOR TAYLOR introduced the resolution and moved for its passage. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR MCLAUGHLIN introduced several amendments to the resolution. The first was to change “January” to “February” in the first whereas, remove the fourth whereas in its entirety, change “Innovation District” to “Mixed Use Innovation Zone” throughout the resolution and add a new sentence to the Resolved. Seconded by COUNCILOR TAYLOR and voted 4-2 with COUNCILOR CEGLIE and COUNCILOR NAPOLITANO opposed. Discussion occurred among the Council. CITY SOLICITOR BEHAN addressed the Council regarding the resolution. Discussion continued among the Council, City Solicitor Behan and City Manager Nicholson regarding a moratorium. Kim Salerno, Planning Board Chair and Melissa Pattavina, Planning Board Member, addressed the Council. The following members of the public addressed the Council regarding a moratorium:
Patrick Dougherty, Esq.
Margaret Kirschner, 1 Laura Place
Turner Scott, Esq.
Jonathan Perry, Owner, Newport Playhouse
Michael Reardon, Representative, Entanglement Institute
Stephanie Winslow, 5 Roland Rd.
Jean Reisman, Tuckerman Ave., Middletown
Ronald Flemming, Bellevue Ave.
David Martland, Esq.
Discussion continued among the Council, City Solicitor Behan and City Manager Nicholson regarding a moratorium. MAYOR BOVA moved to adopt the resolution as amended. Seconded by COUNCILOR MCLAUGHLIN and voted 4-2 with COUNCILOR CEGLIE and COUNCILOR NAPOLITANO opposed.
8. Transportation Master Plan- S. Taylor
COUNCILOR TAYLOR introduced the resolution and moved for its passage. Seconded by COUNCILOR MCLAUGHLIN. Melissa Pattavina, Planning Board Member and Kim Salerno, Planning Board Chair, presented the Council with recommendations from the Board regarding a Transportation Master Plan. MAYOR BOVA moved to receive the communication. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY. COUNCILOR TAYLOR moved to amend the resolution to add that a public forum be held by October 15, 2019 regarding a master plan. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR MCLAUGHLIN moved to amend the resolution by adding the language “Master Transportation Plan”. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
MAYOR BOVA moved to approve the resolution as amended. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
9. Amending Section 5.12.040 of the Codified Ordinances, entitled, “Number of License Permitted” to increase the number of Class BT licenses (First Reading) - Continued from August 14, 2019
- Communication from Turner C. Scott, Esq., re: Retail Beverage Licenses Class B-Tavern
COUNCILOR TAYLOR moved to adopt the resolution on first reading. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council and centered around a workshop being held. Andrew Teitz, Esq., representing local business owners.
Jeffrey Callahan, Owner, Fluke Restaurant, addressed the Council opposing the increase.
Chelynn Sheehan, Owner, Malt addressed the Council opposing the increase.
Turner Scott, Esq., addressed the Council and provided a history of Class BT liquor licenses. MAYOR BOVA moved to receive. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
CITY SOLICITOR BEHAN addressed the Council to answer questions.
COUNCILOR MCLAUGHLIN moved to continue the ordinance and schedule a workshop in September. Seconded by COUNCILOR TAYLOR. Discussion occurred among the Council. The motion to continue failed 3-3.
MAYOR BOVA moved to amend the ordinance to increase the BT license by one, therefore, changed the number from 11 to 12 which would correct the error not previously corrected. Seconded by COUNCILOR NAPOLITANO and VOTED 4-2 with COUNCILOR MCLAUGHLIN and COUNCILOR MCCALLA opposed.
Russell Dulac, Owner, Red Parrot Restaurant, addressed the Council.
Andrew Teitz, Esq., addressed the Council regarding any future amendments during second reading.
MAYOR BOVA moved to adopt the ordinance as amended. Seconded by COUNCILOR NAPOLTANO and VOTED 4-2 with COUNCILOR MCLAUGHLIN and COUNCILOR MCCALLA opposed.
10. Amending Chapter 5.70 of the Codified Ordinances, entitled, “Special Events”, to add a new Section 5.70.080 entitled, “Restrictions on fireworks displays” (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by COUNCILOR NAPOLITANO. COUNCILOR TAYLOR moved to amend the ordinance in subsection b(5) to insert the word “both” and “held” and subsection (6) to re-number B (2), B(3) and B(4). Seconded by MAYOR BOVA and VOTED UNANIMOUSLY. MAYOR BOVA moved to adopt as amended. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
11. Communication from Audrain Automobile Museum, re: Request to use twenty (20) golf carts on public rights-of-way during the Concours and Motor Week during the first week of October 2019
COUNCILOR TAYLOR moved to receive and approve pending details being worked out with Public Safety Officials. Seconded by COUNCILOR NAPOLITANO. COUNCILOR MCLAUGHLIN had comments regarding pedicabs being operated on city streets and setting a precedent by approving the request. John Boxer, Esq., addressed the Council regarding the proposal. The vote on the motion to approve pending details being worked out with Public Safety Officials was VOTED UNANIMOUSLY.
12. Communication from Colleen Burns Jermain, Ed.D., Superintendent of Schools, re: Newport Public Schools RIDE Stage 1 Application- (w/ accompanying resolution) A copy is available on file in the City Clerk’s Office
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR MCLAUGHLIN. Colleen Burns Jermain addressed the Council regarding the application.
Dan Busey, Co-Chair- Newport Concerned Citizens
Aaron Sherman, 130 Connection St.
Rebecca Bolan, 4 Channing St.
Sandra Flowers, 16 Keeher Ave.
Louisa Boatwright. Second St.
Aida Neary, 36 Newport Ave.
The vote on the motion to approve was VOTED UNANIMOUSLY.
13. Action Item #5878/19 – RE: Supplemental Agreement ––City Hall Condition Assessment (w/accompanying resolution)
COUNCILOR TAYLOR moved to approve the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
14. Action Item #5879/19 – RE: Pavement Management System Professional Services Contract #17-075 - Supplemental Agreement #1 (w/accompanying resolution)
COUNCILOR TAYLOR moved to approve the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to adjourn and Council and convene and Board of License Commissioners. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
1. Class F-1 Daily Liquor Licenses:
a. Oliver Hazard Perry Rhode Island, d/b/a Newport Brokerage Boat Show; September 12-14, 2019 from 11:00 a.m. to 8:00 p.m. and September 15, 2019 from 11:00 a.m. to 6:00 p.m.
b. Seamen’s Church Institute, d/b/a Landing Seafood Fest, 30 Bowen’s Wharf; October 19-20, 2019 from 11:00 a.m. to 8:00 p.m.
COMMISSIONER TAYLOR moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN-10:12 p.m.