CITY OF NEWPORT
SEPTEMBER 25, 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 September 25, 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 |
| KATHRYN E. LEONARD | |
~Presentation from AARP announcing the designation of the City of Newport as an “Age Friendly Community"~
Kathleen Connell, AARP, presented the Council with the designation certificate.
CITIZENS’ FORUM:
Mike Cullen, 19 Bayside Ave., addressed the Council regarding NUWC birthday.
a) Section 17.04.050, entitled “General Requirements”
MAYOR BOVA opened the public hearing. MAYOR BOVA moved to close the public hearing and approve on first reading. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
b) Section 17.08.010, entitled “Definitions”
MAYOR BOVA opened the public hearing. CITY SOLICITOR CHRISTOPHER BEHAN, ESQ., addressed the Council regarding proposed amendments which would bring the ordinance into compliance with state law. COUNCILOR TAYLOR moved to amend the ordinance to come into compliance with recent changes implemented by the RI General Assembly. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY. MAYOR BOVA moved to close the public hearing and approve as amended on first reading. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
c) Section 17.56.060, entitled “Building Height Requirements”
MAYOR BOVA opened the public hearing. Kim Salerno, Planning Board Chair, addressed the Council regarding proposed amendments. Chandler Hovey, Kirwins Lane, addressed the Council regarding the building height requirements. CITY MANAGER JOSEPH J. NICHOLSON, JR., ESQ, addressed the Council regarding the measurement of height. Discussion occurred among the Council.
MAYOR BOVA moved to close the public hearing and approve on first reading. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
d) Section 17.108.010, entitled “Variances”
MAYOR BOVA opened the public hearing. CITY SOLICITOR BEHAN addressed the Council regarding proposed amendments. COUNCILOR TAYLOR moved to amend the ordinance based on City Solicitor Behan’s recommendations. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY. MAYOR BOVA moved to close the public hearing and approve as amended on first reading. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
e) Section 17.108.020, entitled “Special Use Permits”
(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 August 14, 2019 and August 28, 2019 (Approve)
b. Special Events:
1) Save The Bay, Inc., d/b/a Green Drink Events, 175 Memorial Blvd.; October 3, 2019 from 5:30 p.m. to 7:30 p.m.
2) Trinity Church, d/b/a Trinity Church Pumpkin Patch, One Queen Anne Square, October 17-31, 2019, Monday through Friday from 12:00 p.m. to 5:00 p.m. and Saturday and Sunday from 10:00 a.m. to 6:00 p.m.
3) RI Arts Foundation at Newport, Inc., d/b/a The Neave Trio Classical Music Concert, Newport Art Museum; October 26, 2019 from 6:00 p.m. to 10:00 p.m.
4) St. Joseph’s Church, d/b/a Harvest Festival, St. Joseph’s Church Hall; November 2, 2019 from 9:30 a.m. to 3:00 p.m.
5) Michelle Leys, d/b/a My Best Friends Closet, The Elks, 141 Pelham St.; November 7-10, 2019 from 10:00 a.m. to 8:00 p.m.
6) Trinity Church, d/b/a Trinity’s Silver Tea, One Queen Anne Square; December 7, 2019 from 1:00 p.m. to 4:00 p.m.
7) Salve Regina University, d/b/a Salve Regina University 43rd Annual Governor’s Ball, Ochre Court; December 7, 2019 from 8:00 p.m. to 12:00 a.m.
8) Ocean Pointe Christian Church, d/b/a Night to Shine, Newport Marriott; February 7, 2020 from 6:00 p.m. to 9:00 p.m.
c. Holiday Selling License, New, B&J Corp, d/b/a Emerald Smoke Shop, 94 William St.
d. Holiday Selling License, New, Grace Holmes, Inc., d/b/a J. Crew Retail #740, 49 Long Wharf Mall #B100
e. Holiday Selling License, change of location, Maramill, LLC, d/b/a CK Bradley, 182 Bellevue Ave.
f. Tattoo License Renewal, Bret A. Lohnes, d/b/a Tattoos by Captain Bret, Inc., 4 Collins St., Unit 4A (owner/operator)
g. Communication from Peter Brent Regan, Esq., re: Petition of BCM Realty Partners, LLC to Abandon Easternmost Portion of Bartlett Court (Receive and order advertise for public hearing)
COUNCILOR TAYLOR moved to receive and order advertising. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR LEONARD had questions. Peter Brent Regan, Esq., addressed the Council regarding the petition. CITY MANAGER NICHOLSON addressed the Council to answer questions. The vote on the motion to receive and order advertising was VOTED UNANIMOUSLY.
h. Communication from Newport Festa Italiana, re: Request to waive fees for temporary mass gathering permit to add a food truck to the festival (Receive and refer to city administration for a recommendation)
i. Resignations from Boards and Commissions (Receive with regret):
a. Planning Board- Timothy Burns
b. Newport Beach Commission- Carole D. Nicodemus
c. Zoning Board of Review- Heidi S. Blank
j. Communication from Phil Hospod, Owner, Mainstay Hotel & Conference Center, re: Expressing concern regarding the proposed moratorium to pause all development in the Innovation District in the City’s North End which would impact planned renovations (Receive)
COUNCILOR TAYLOR moved to approve the Consent Calendar in its entirety with the exception of item g. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
LICENSES & PERMITS
3. Application for Mobile Food Establishment Trucks (MFET) (5 available):
a. INSTYLE33LLC, d/b/a myrollingcafe, 265 Freeborn St., Portsmouth, RI
COUNCILOR TAYLOR moved to approve the application. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
b. AMANO LLC, d/b/a A Mano Pizza & Gelato, 181 Bellevue Ave. #315
COUNCILOR TAYLOR moved to approve the application. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
4. Victualing License, New, JRL Holdings, LLC, d/b/a to be determined, 8 West Marlborough St. (In conjunction with liquor license transfer)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR MCLAUGHLIN. James Hall, Esq., representing the applicant, addressed the Council. COUNCILOR TAYLOR moved to amend the license to update the licensed premises. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
MAYOR BOVA moved to adopt the application as amended. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
5. 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) – Continued from September 11, 2019
MAYOR BOVA opened the public hearing.
Jeremiah C. Lynch, Esq., addressed the Council on behalf of the application regarding proposed restrictions to the entertainment. MAYOR BOVA read the restrictions into the record.
Sam Shamoon, 4 Capella South, President Goat Island Condominium Owners Association, addressed the Council regarding the restrictions. Sheri Miafzali, 1304 Goat Island addressed the Council in favor of the restrictions. Discussion occurred among the Council members regarding the entertainment and proposed restrictions.
COUNCILOR TAYLOR moved to continue the application. Seconded by COUNCILOR MCCALLA. The vote failed 2-5 with MAYOR BOVA, COUNCILOR CEGLIE, COUNCILOR MCLAUGHLIN, COUNCILOR LEONARD and COUNCILOR NAPOLITANO opposed.
MAYOR BOVA moved to amend the license to include the restrictions. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
Stephanie Schmidt, addressed the Council regarding reconsidering the continuance.
The vote on the motion to approve as amended was voted 5-2 with COUNCILOR MCCALLA and COUNCILOR TAYLOR opposed.
Note: Vacancies currently or soon will exist on the following Boards and Commissions:
Affirmative Action Commission, Beach Commission, and Hospitality Commission
Historic Cemetery Advisory Commission – Janet Parkinson (3-year term ending 10/26/22), Theresa Guzman Stokes (3-year term ending 10/26/22)
COUNCILOR TAYLOR moved to reappoint Janet Parkinson and Theresa Guzman Stokes to the Historic Cemetery Advisory Commission. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
Planning Board – Jeffrey Brooks (3-year term ending 10/31/22), John Oliveira (3-year term ending 10/31/22), Liam Barry (3-year term ending 10/31/21)
COUNCILOR TAYLOR moved to continue the reappointments to the Planning Board. Seconded by COUNCILOR NAPOLITANO. COUNCILOR TAYLOR moved to continue the reappointments to October 23, 2019. Seconded by COUNCILOR MCLAUGHLIN and voted 6-1 with COUNCILOR CEGLIE opposed.
7. Zoning Code updates- J. Bova
MAYOR BOVA introduced the resolution and moved for its passage. Seconded by COUNCILOR CEGLIE. Discussion occurred among the Council. The vote on the motion to approve was voted 6-1 with COUNCILOR LEONARD opposed.
8. Requesting the city to investigate prohibiting large trucks on Rhode Island Ave., Gibbs Ave., Eustis Ave., and Summer St. – L. Ceglie, S. Taylor
COUNCILOR CEGLIE introduced the resolution and moved for its passage. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council. COUNCILOR MCLAUGHLIN moved to amend the resolution by adding Malbone Rd. and Van Zandt Ave. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
MAYOR BOVA moved to adopt the resolution as amended. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
9. Changing the start time of the October 9, 2019 City Council Meeting in observance of Yom Kippur
MAYOR BOVA introduced the resolution and moved for its passage. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
10. Amending Section 5.12.040 of the Codified Ordinances, entitled, “Number of License Permitted” to increase the number of Class BT licenses (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR LEOANRD and VOTED UNANIMOUSLY.
11. Amending Chapter 5.70 of the Codified Ordinances, entitled, “Special Events”, to add a new Section 5.70.080 entitled, “Restrictions on fireworks displays” (Second Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR LEONARD. COUNCILOR MCLAUGHLIN moved to amend the ordinance to state no private fireworks display should start no later than one hour after sunset or 9:00 p.m. whichever is later. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
MAYOR BOVA moved to adopt the ordinance as amended. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
12. Amending Chapter 14.04 of the Codified Ordinances, entitled, “Comprehensive Land Use Plan”, to add a new section 14.04.020 entitled, “Moratorium” (First Reading)
COUNCILOR TAYLOR moved to approve the ordinance. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR TAYLOR moved to amend the ordinance. Seconded by COUNCILOR CEGLIE. Discussion occurred among the Council regarding the proposed amendments. CITY SOLICITOR CHRISTOPHER BEHAN addressed the Council regarding the amendments. Kim Salerno, Planning Board Chair, addressed the Council regarding the moratorium. Turner Scott, Esq., addressed the Council regarding the proposed amendments. The vote on the motion to amend the ordinance failed 1-6 with COUNCILOR TAYLOR in favor.
The following members from the public addressed the Council regarding the moratorium:
Stephanie Winslow, 5 Rowland Rd.
John Hirschboech, 410 Gibbs Ave.
Erin Donovan-Boyle, Chamber of Commerce
Mike Cullen, 19 Bayside Ave.
Bill Lucey, Trout Drive, Middletown, RI, representing the Newport Daily News property.
Stephanie Schmidt, Marsh St.
Ron Flemming, 304 Bellevue Ave.
Patrick Dougherty, Boston Neck Rd., Narragansett Ave.
David Lawrence
David Martland
Michael Reardon, Union Ave.
Jason Turner, Entanglement
Ashley Medeiros
Discussion continued among the Council regarding the moratorium. CITY SOLICITOR BEHAN addressed the Council to answer questions. The vote on the motion to adopt the ordinance on first reading was voted 5-2 with COUNCILOR CEGLIE and COUNCILOR NAPOLITANO opposed.
13. 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” (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by MAYOR BOVA. Discussion occurred among the Council regarding the proposed amendment.
Chuck Flippo, Bush St., addressed the Council regarding the tour program at Touro Synagogue. The vote on the motion to adopt the ordinance on first reading was voted 6-1 with COUNCILOR LEONARD opposed.
14. Action Item #5880/19 – RE: Grant Agreement between City and SNEP for Water Pollution Control Division’s Project to Develop Non-Structural Approaches to Reduce Stormwater Impacts (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR LEONARD. Julia Forgue, Director of Utilities, addressed the Council to answer questions. The vote on the motion to approve was VOTED UNANIMOUSLY.
15. Action Item #5881/19 – RE: Amendment No. 2- # 16-040 Engineering Services for Drainage Investigation and Flooding Analysis-Whitwell Avenue Area (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
1. Class F-1 Daily Liquor License, RI Arts Foundation at Newport, Inc., d/b/a The Neave Trio (Classical Music Concert), Newport Art Museum; October 26, 2019 from 6:00 p.m. to 10:00 p.m.
COMMISSIONER TAYLOR moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
2. Application of Mudville Café, LLC, d/b/a Mudville Café, 8 West Marlborough St. , holder of a Class BL alcoholic beverage license to transfer ownership to JRL Holdings, LLC (Joseph R. Locascio, sole member), d/b/a to be determined, for the same premises (Hearing)
MAYOR BOVA opened the public hearing. COMMISSIONER TAYLOR moved to amend the application to revise the licensed premises which includes 8 West Marlborough St., First Floor and Rear patio per plans on file in the City Clerk's Office; including outdoor patio measuring 5'5" x 44'10" on the south and west sides of the premises including special use food cart. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
COMMISSIONER TAYLOR moved to close the public hearing and approve the license as amended. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN- 10:00 p.m.