CITY OF NEWPORT
JANUARY 8, 2020
(Approved 2/12/2020)
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 January 8, 2020 at 6:30 p.m.
The DEPUTY 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 | |
~Proclamation Honoring Sherman Pines~
MAYOR BOVA read the proclamation into the record and presented a copy to the honoree.
CITIZENS’ FORUM:
(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) Newport Art Museum, d/b/a Winter Speaker Series, Newport Art Museum; January 25, February 1, 8, 15, 22, and 29, 2020 from 2:00 p.m. to 4:00 p.m.
2) Newport Art Museum, d/b/a Member’s Opening Reception, Newport Art Museum; February 7, 2020 from 5:00 p.m. to 7:00 p.m.
3) Tresor Estate Sales, d/b/a Pop-Up Sale Event, 181 Bellevue Ave., Bellevue Gardens (below CVS); February 20, 2020 from12:00 p.m. to 7:00 p.m. and February 21-23, 2020 from 9:00 a.m. to 3:00 p.m.
4) Rhode Island Brewers Guild, d/b/a Newport Craft Beer Festival- 9th Annual, Great Friends Meeting House; April 25, 2020 from 12:00 p.m. to 7:00 p.m.
5) Newport/Fall River Star Kids Scholarship Program, d/b/a Star Kids annual fundraiser- Derby Time, Ochre Court; May 2, 2020 from 5:00 p.m. to 9:00 p.m.
6) Newport Festivals Foundation, Inc. d/b/a Newport Folk Festival, Fort Adams State Park; July 31-August 2, 2020 from 11:00 a.m. to 7:30 p.m.
7) Newport Festivals Foundation, Inc., d/b/a Newport Jazz Festival Opening Night, International Tennis Hall of Fame; August 7, 2020 from 6:00 p.m. to 11:00 p.m.
8) Newport Festivals Foundation, Inc., d/b/a Newport Jazz Festival, Fort Adams State Park; August 7-9, 2020 from 11:00 a.m. to 7:30 p.m.
9) Gray Matter Marketing, d/b/a Newport Marathon (road race), beginning and ending at Easton’s Beach (route attached); October 11, 2020 from 7:30 a.m. to 2:00 p.m.
b. Holiday Selling License, Renewal, Georgia Pine Clothiers, d/b/a J. McLaughlin, 180 Bellevue Ave.
c. Holiday Selling License, New, Zen Den-Newport, LLC, d/b/a Zen Den- Newport, LLC, 54 Broadway
d. Tattoo License, Renewal, Jennifer Clinch Guertin/Anchor Steam, Inc., d/b/a Anchor Steam Tattoo Gallery, 44 Broadway
e. 2019 Annual Reports (Receive)
1. Newport Canvassing Authority
REMOVED 2. Energy and Environment Commission
COUNCILOR TAYLOR moved to receive the annual report. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR TAYLOR commended the Commission for their work and stated that two openings are available on the Commission. The motion to receive was VOTED UNANIMOUSLY.
3. Miantonomi Park Commission
4. Historic District Commission
REMOVED f. Reappointment of Scott Wheeler as Tree Warden (Approve)
COUNCILOR TAYLOR moved to approve the reappointment. Seconded by COUNCILOR LEONARD. COUNCILOR TAYLOR commended Scott Wheeler for his work as City Arborist. The motion to approve was VOTED UNANIMOUSLY.
g. Arcade License Renewal, Ryan Family Amusements, Inc., 268 Thames St. (48 machines)
REMOVED h. Actuarial Valuation Reports: Police & Fire Pension Systems and Post Employment Benefit Plan as of July1, 2019 Copies for review are in the City Clerk’s Office and on the city’s website https://www.cityofnewport.com/city-hall/departments/finance/budgets-cafrs-cips-annual-performance-reports/actuarial-valuation-reports
COUNCILOR TAYLOR moved to receive the reports. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR NAPOLITANO addressed the reports. The motion to receive was VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to adopt the Consent Calendar in its entirety with the exception of items e (2), f, and h. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
2. 2019-2020 Annual Victualing License Renewals- continued from December 11, 2019:
Liquor establishments
a. L & B Associates, LLC, d/b/a Backyard Patio & Grill, 151 Swinburne Row
b. 8-10 Broadway Newport, LLC, d/b/a Hope on Broadway, 8-10 Broadway
COUNCILOR TAYLOR moved to table the license renewals. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
4. Transfer upon Death deeds- K. Leonard, L. Ceglie
COUNCILOR LEONARD introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council. The vote on the motion to approve was VOTED UNANIMOUSLY.
5. Requesting legislation to be introduced which would require Civics class for graduation- K. Leonard, L. Ceglie
COUNCILOR LEONARD introduced the resolution and moved for its passage. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR MCLAUGHLIN made a motion to receive the communication provided by Colleen Turner, History Department Head of Rogers High School. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY. Colleen Turner, 10 Hazard St., addressed the Council. The vote on the motion to approve was VOTED UNANIMOUSLY.
6. Amending Chapter 5.40 of the Codified Ordinances, entitled, “Hotels” (First Reading)
COUNCILOR TAYLOR moved to adopt the ordinance on first reading. Seconded by COUNCILOR NAPOLITANO. MAYOR BOVA introduced the ordinance. CITY SOLICITOR CHRISTOPHER BEHAN addressed the Council regarding the amendments. COUNCILOR CEGLIE asked Solicitor Behan questions regarding the registration process and posting requirements. COUNCILOR MCLAUGHLIN asked for a status update at the next meeting from the City Manager regarding the Short-Term Investigatory Group’s recommendations. MAYOR BOVA asked the City Solicitor questions regarding the fees. The vote on the motion to adopt the ordinance on the first reading was VOTED UNANIMOUSLY.
7. Communication from Colleen Burns Jermain, Superintendent of Schools, re: RIDE Stage II Application
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR NAPOLITANO. Colleen Burns Jermain, Superintendent of Schools, introduced Philip Conte, Studio JAED Representative, and Joe DeSanti, Downes Construction Owner Project Manager. Joe DeSanti addressed the Council providing an update on upcoming meetings. Philip Conte addressed the Council and provided a presentation on the draft application. Discussion occurred among the Council. Presenters answered questions regarding costs, reimbursement, discussions with RIDE, and the proposed Pell addition. Philip Conte addressed the nine points of the RIDE submission. Discussion occurred among the Council and presenters regarding upcoming timelines and bonding. The vote on the motion to receive was VOTED UNANIMOUSLY.
8. Communication from Michael J. Murray, Esq. on behalf of Old Battle Axe, Inc., d/b/a The Reef Restaurant, re: Public Right of Way- Howard Wharf a/k/a West Howard Street
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR CEGLIE. Attorney Michael Murray, 37 Mill St., addressed the Council regarding the survey, its development, and access to the waterfront. MAYOR BOVA asked the City Solicitor regarding a review of the survey, a recommendation on future City Council action as a licensing agent, and asking input from CRMC. Discussion occurred among the Council regarding the license. Johanna Petri, President of Friends of the Waterfront, addressed the Council. COUNCILOR MCLAUGHLIN made a motion to receive the communication from Friends of the Waterfront. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY. The vote on the motion to receive the communication was VOTED UNANIMOUSLY.
9. Memo from the City Manager RE: Status Report #5 on Zoning Code Update
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR NAPOLITANO. Patricia Reynolds, Planning Director, addressed the Council. CITY MANAGER JOSEPH NICHOLSON, JR. addressed the Council. The vote on the motion to receive was 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 Licenses:
a. Newport Art Museum, d/b/a Member’s Opening Reception, Newport Art Museum; February 7, 2020 from 5:00 p.m. to 7:00 p.m.
b. Rhode Island Brewers Guild, d/b/a Newport Craft Beer Festival- 9th Annual, Great Friends Meeting House; April 25, 2020 from 12:00 p.m. to 7:00 p.m.
c. Newport Festivals Foundation, Inc., d/b/a Newport Jazz Festival, Fort Adams State Park; August 6-9, 2020 from 12:00 p.m. to 6:30 p.m.
d. Newport Festivals Foundation, Inc. d/b/a Newport Folk Festival, Fort Adams State Park; July 30-August 2, 2020 from 12:00 p.m. to 6:30 p.m.
e. Dr. Martin Luther King Jr. Community Center, d/b/a Newport Marathon, Easton’s Beach; October 11, 2020 from 8:00 a.m. to 2:00 p.m.
COMMISSIONER TAYLOR moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
2. 2019-2020 Liquor License Renewals (Hearing)- continued from November 13, 2019:
a. L & B Associates, LLC, d/b/a Backyard Patio & Grill, 151 Swinburne Row
- Communication from Philip S. Lapatin, re:- retail property known as Brick Market Place II
Attorney Andrew Teitz, 2 William St. Providence, RI, and Chris Bicho, managing member of L & B Associates, addressed the Council. Discussion occurred among the Council and Attorney Teitz regarding the transfer of the license. CITY SOLICITOR BEHAN recommended the license be approved with the requirement for the licensee to report back in six months. COMMISSIONER MCLAUGHIN moved to approve the license with the requirement to report back in six months. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
b. 8-10 Broadway Newport, LLC, d/b/a Hope on Broadway, 8-10 Broadway
Attorney Jeremiah Lynch, III, addressed the Council regarding the status of the license. COMMISSIONER TAYLOR moved to approve the license with the requirement to report back in six months. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
COMMISIONER TAYLOR made a motion to adjourn as Board of License Commissioners and reconvene as City Council. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.
Sulpicio C. Alaan III
Deputy City Clerk
ADJOURN - 8:14 p.m.