CITY OF NEWPORT
JUNE 24, 2020
(Approved 8/12/2020)
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 | |
The following items of business, filed with the City Clerk under the Rules of the Council, came before the Council at a meeting held in accordance with Governor Raimondo’s Executive Order 20-25 on June 24, 2020 at 6:30 p.m.
1. PUBLIC HEARING: Action Item #5929/20 – RE: Public Hearing - Community Development Block Grant (CDBG) Application 2019 (w/accompanying resolution)
CITY MANAGER JOSEPH J. NICHOLSON, JR., addressed the Council. MAYOR BOVA opened the public hearing. Patricia Reynolds, Director of Planning, addressed the Council to answer questions. Sean Saunders, Church Community Housing, addressed the Council regarding the application.
MAYOR BOVA moved to close the public hearing and approve the accompanying resolution. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
2. Communication from Morneau & Murphy, re: Requesting permission on behalf of The Jamestown, the MV Katherine and the Coastal Queen, to serve alcoholic beverages while at dockside at several stops in Newport Harbor for the 2020 season
MAYOR BOVA moved to approve the communication. Seconded by COUNCILOR CEGLIE. COUNCILOR LEONARD had questions regarding the service time. Christian Infantolino, Esq. addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY.
3. Special Event License, newportFILM, d/b/a newportFILM Drive In Documentary Film Screening, Easton’s Beach Parking Lot 3; July 9, 2020 from 7:30 p.m. to 10:30 p.m.
COUNCILOR LEONARD recused.
MAYOR BOVA moved to approve the license. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY (6-0).
4. Victualing License, New, Beverage Newport Shipyard, LLC, d/b/a Belle’s Café, One Washington St., designated as the area included in the indoor seating and outdoor seating as set forth on that certain survey prepared by Ravi Engineering & Land Surveying, P.C. dated July 22, 2019 (In conjunction with liquor license transfer)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE. John Russell, Esq., addressed the Council on behalf of the applicant. Discussion occurred among the Council. Eli Dana, General Manager, Newport Shipyard, addressed the Council to answer questions regarding the service area and service ending time. The following members from the public addressed the Council regarding the application:
Pauline Wallace, 33 Marsh St.
COUNCILOR TAYLOR moved to amend the application to require service hours to end at 9:00 p.m. Seconded by COUNCILOR LEONARD and VOTED UNANIMOULSY.
MAYOR BOVA moved to approve as amended. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
5. Victualing License, New, Kinsley’s LTD, d/b/a Newport Blue’s Café, 286 Thames St., First & Second Floors- per restrictions on file in the City Clerk’s Office (In conjunction with liquor license transfer)
MAYOR BOVA moved to approve the license. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
6. Entertainment License, New, Class A (indoors), Kinsley’s LTD, d/b/a Newport Blue’s Café, 286 Thames St. First & Second Floors (Hearing)
MAYOR BOVA moved to close the public hearing and approve. Seconded by COUNCILOR TAYLOR. COUNCILOR LEONARD had questions regarding the application. Matthew Leys, Esq., attorney for the application addressed the Council. CITY SOLICITOR BEHAN addressed the Council regarding the entertainment license. COUNCILOR LEONARD moved to amend the application to require all doors and windows remain closed during entertainment. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
MAYOR BOVA moved to approve the application as amended. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
7. Homestead Exemption- J. Bova- Continued from May 27, 2020
MAYOR BOVA introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council. COUNCILOR MCLAUGHLIN moved to amend the resolution to state the administration should return to the Council with a plan by December 2020. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
MAYOR BOVA Moved to approve the resolution as amended. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
8. State of Emergency- Extension of Time Period
MAYOR BOVA introduced the resolution and moved for its passage. Seconded by COUNCILOR TAYLOR. Discussion occurred among the Council, City Manage Nicholson and City Solicitor Behan regarding the extension. COUNCILOR MCLAUGHLIN moved to amend the resolution to approve the extension until July 8, 2020. Seconded by COUNCILOR NAPOLITANO. The motion failed 1-6 with MAYOR BOVA, COUNCILOR CEGLIE, COUNCILOR LEONARD, COUNCILOR TAYLOR, COUNCILOR NAPOLITANO and COUNCILOR MCCALLA opposed.
MAYOR BOVA moved to adopt the resolution as written. Seconded by COUNCILOR CEGLIE and VOTED 6-1 with COUNCILOR MCLAUGHLIN opposed.
9. Medical Marijuana Facility Moratorium- L. Ceglie, J. Napolitano, K. Leonard, J. McLaughlin
COUNCILOR CEGLIE introduced the resolution and moved to receive the revised version as provided by the City Solicitor. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY. CITY SOLICITOR BEHAN addressed the Council regarding the resolution. COUNCILOR CEGLIE moved to amend the resolution to include sending it to the Planning Board for review. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
MAYOR BOVA moved to adopt the resolution as amended. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
10. Ordinance amending Chapter 17, Section 17.04.050 entitled “General Requirements”, Section 17.08.010 entitled “Definitions” and 17.100.130 entitled “Home Occupations” (Second Reading)
MAYOR BOVA moved to adopt the ordinance on second reading. Seconded by COUNCILOR CEGLIE. Melissa Pattavina addressed the Council on behalf of the Planning Board and requested visitor passes, transient guest facilities in limited business zones and a renewal process for guest permits in residential zones be referred back to the Short-Term Rental Investigatory Group for review.
The vote the motion to approve the ordinance was VOTED UNANIMOUSLY.
11. Amending Chapter 5.57 entitled, “Mobile Food Establishments” to amend Section 5.57.040 entitled “Restrictions on Permits” (First Reading)- continued from June 10, 2020
MAYOR BOVA moved to adopt the ordinance. Seconded by COUNCILOR NAPOLITANO. ASSISTANT CITY SOLICITOR GIRARD GALVIN addressed the Council to inform them a request for a continuance had been made by Attorney Turner Scott. COUNCILOR CEGLIE moved to continue the ordinance to July 8, 2020. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
12. Communication from the Energy and Environment Commission, re: Community Choice Aggregation Programming (CCA)
MAYOR BOVA moved to receive the communication. Seconded by COUNCILOR TAYLOR. Lola Herrera-Ximenez, Sean O’Connor and Evan Ridley addressed the Council on behalf of the Energy and Environment Commission. CITY MANAGER NICHOLSON addressed the Council regarding the communication. Peter Friedrichs, City Planner, addressed the Council.
The following member from the public addressed the Council:
Eric Martin, 9 Tyler St.
The motion to receive was VOTED UNANIMOUSLY.
13. Recommendations on Roadway Closures- Resolution #2020-40
MAYOR BOVA moved to receive the recommendations. Seconded by COUNCILOR CEGLIE. Melissa Pattavina, Planning Board member, addressed the Council regarding the recommendations. MAYOR BOVA moved to receive the documents provided by Melissa Pattavina, on behalf of the Planning Board. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY. Discussion occurred among the Council. The motion to receive the recommendations was VOTED UNANIMOUSLY.
14. Memo from the City Manager RE: Update – North End Urban Plan Project
MAYOR BOVA moved to receive the update from the City Manager. Seconded by COUNCILOR CEGLIE. Patricia Reynolds, Planning Director, addressed the Council to provide an update. The motion to receive was VOTED UNANIMOUSLY.
15. Action Item #5930/20 – RE: Award of Bid # 20-045 - Water Treatment Chemicals (w/accompanying resolution)
MAYOR BOVA moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY.
16. Action Item #5931/20 – RE: Ordinance Change - Chapter 10.28.080 – Easton’s Beach Parking Lot (w/accompanying ordinance)
MAYOR BOVA moved to receive the communication and adopt the accompanying ordinance. Seconded by COUNCILOR CEGLIE. COUNCILOR MCLAUGHLIN had questions regarding the ordinance. CITY MANAGER NICHOLSON addressed the Council. Discussion occurred among the Council. The motion to approve was VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to adjourn as Council and Convene as the Board of License Commissioners. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
1. Application of JR Holdings, LLC, 8 West Marlborough St., holder of a Class BL alcoholic beverage license, to transfer ownership and location to Beverage Newport Shipyard, LLC (SW SHM Beverage, LLC- 100%), d/b/a Belle’s Café, One Washington St., designated as the area included in the indoor seating and outdoor seating as set forth on that certain survey prepared by Ravi Engineering & Land Surveying, P.C. dated July 22, 2019 (Hearing)
MAYOR BOVA moved to close the public hearing and approve. Seconded by COMMISSIONER CEGLIE. Pauline Marshall, 33 marsh St., addressed the board regarding the restrictions imposed. MAYOR BOVA stated the restriction for service to end at 9:00 p.m. would apply to the liquor license as well as the victualing license. The motion to approve was VOTED UNANIMOUSLY.
2. Application of Tri Group, LLC, d/b/a Newport Blues Café, 286 Thames St. first and second floors (per restrictions on file in the City Clerk’s office), holder of a Class BV alcoholic beverage license, to transfer ownership to Kinsley’s LTD, (Brian Foley-100%), d/b/a Newport Blues Café for the same premises (Hearing)
MAYOR BOVA moved to the close the public hearing and approve. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
3. Application of Newport Wine Cellar, LLC, d/b/a Newport Wine Cellar, 11 Memorial Blvd, holder of a Class A alcoholic beverage license to transfer the location to 5 Merton Rd. (Hearing)
MAYOR BOVA moved to the close the public hearing and approve. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
4. Communication from Peter Regan, Esq, on behalf of L & B Associates, LLC, d/b/a Backyard Patio & Grill, 151 Swinburne Row, re: Operation Update and Request for Issuance of License
MAYOR BOVA moved to receive the communication. Seconded by COMMISSIONER TAYLOR. Peter Regan, Esq., addressed the Board on behalf of the licensee. The motion to receive was VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN – 9:20 p.m.