CITY OF NEWPORT
MEETING
AUGUST 14, 2024
(Approved 9/11/2024)
The following items of business, filed with the City Clerk under the Rules of the Council came before the Council at a meeting held at 6:30 pm in the City Council Chambers, 43 Broadway, Newport, RI 02840
The CITY CLERK called the Roll and the following members were present:
XAY KHAMSYVORAVONG
LYNN UNDERWOOD CEGLIE
JEANNE MARIE NAPOLITANO
ANGELA LIMA
CHARLIE HOLDER
DAVID CARLIN
MARK ARAMLI
Citizens’ Forum:
COUNCILOR HOLDER recused.
COUNCILOR CEGLIE moved to open the public hearing. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council members and City Solicitor Christopher J. Behan. Alison Adkins, H.R. & Finance Director, Discover Newport, addressed the Council in favor of the district. Margaret Kirschner, 4 Farwell St. and Cheryl Twiss, Director of Sales at The Chanler addressed the Council. COUNCILOR CARLIN moved to close the public hearing. Seconded by MAYOR KHAMSYVORAVONG and VOTED UNANIMOUSLY (6-0). COUNCILOR CARLIN moved to table the item. Seconded by MAYOR KHAMSYVORAVONG and voted 4-2 with COUNCILOR CEGLIE and COUNCILOR NAPOLITANO opposed.
MAYOR KHAMSYVORAVONG opened the public hearing. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY. There was no public comment. MAYOR KHAMSYVORAVONG moved to close the public hearing. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
a. Recommendation from the Planning Board
MAYOR KHAMSYVORAVONG moved to receive the communication from the Planning Board. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
b. Amending Chapter 17.08, entitled, “Definitions” (First Reading)
MAYOR KHAMSYVORAVONG moved to adopt the ordinance on first reading. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
c. Amending Chapter 17.100, entitled, “Development Standards”(First Reading)
COUNCILOR LIMA moved to adopt the ordinance on first reading. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
d. Amending Chapter 17.110, entitled, “Unified Development Review” (First Reading)
MAYOR KHAMSYVORAVONG moved to adopt the ordinance on first reading. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
e. Add New Chapter, 17.79, entitled, “Accessory Dwelling Unit” (First Reading)
MAYOR KHAMSYVORAVONG moved to adopt the ordinance. Seconded by COUNCILOR CARLIN. Discussion occurred among the Council. Nicholas Armour, Zoning Officer, addressed the Council to answer questions.
COUNCILOR LIMA moved to call the question. Seconded by COUNCILOR CEGLIE and voted 6-1 with COUNCILOR CARLIN opposed The motion to adopt the ordinance was voted 6-1 with COUNCILOR CARLIN opposed.
a. Minutes of the Regular Council Meetings held on July 10, 2024 and July 24, 2024 (Approve)
b. Special Events:
1. Newport Restoration Foundation, d/b/a Roam Around Rough Point, 680 Bellevue Ave.; August 17, 2024 from 11:00 a.m. to 3:00 p.m.
2. Discover Newport, d/b/a Elephant Exhibition, Long Wharf Mall; August 19-26, 2024
3. Sail Newport, d/b/a Summer Soiree, 72 Fort Adams Dr.; August 22, 2024 from 5:15 p.m. to 9:30 p.m.
Removed 4. St. Augustin Church, d/b/a Honoring St. Augustin, 1 Fifth Ward Sq.; August 28, 2024 from 5:30 p.m. to 7:30 p.m. (Rain date September 4, 2024)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO. COUNCILOR CARLIN provided information about the event. The motion to approve was VOTED UNANIMOUSLY.
5. Newport Community School, d/b/a Back to School Bash, Elks Lodge; September 3, 2024 from 3:00 p.m. to 5:00 p.m.
6. Newport Restoration Foundation, d/b/a Doris Duke Historic Preservation Awards, 680 Bellevue Ave.; September 6, 2024 from 6:00 p.m. to 8:30 p.m.
7. Turning Around Ministries, Inc., d/b/a Steps for Change: A Walk-a-Thon for Turning Around Ministries, beginning at Emmanuel Church (see attached map for route); September 7, 2024 from 9:00 a.m. to 12:00 p.m.
Removed 8. Ancient Order of Hibernians, d/b/a AOH Day in the Park, Morton Park; September 14, 2024 from 10:00 a.m. to 3:00 p.m.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO. COUNCILOR CARLIN provided information about the event. The motion to approve was VOTED UNANIMOUSLY.
9. Heather Strout, d/b/a Imagination Library Children’s Party, Dr. Martin Luther King Jr. Community Center; September 22, 2024 from 10:00 a.m. to 12:00 p.m.
10. Sail Newport, d/b/a Sail for Hope, 1 Washington St.; September 28, 2024 from 4:00 p.m. to 8:00 p.m.
c. Banner License, Newport County Prevention Coalition, to place a banner and flags on the front lawn of City Hall from August 26, 2024 to September 3, 2024 for National Opioid Overdose Awareness Day
d. Holiday Selling License, New, 49 Newport Hotel, LLC, d/b/a The Newport Harbor Hotel and Marina, 49 America’s Cup Ave.
e. Waste Hauler License, Renewal, Waste Management, 65 Halsey St.
Removed f. Communication from Lisa Knowles, Show Director, Newport International Boat Show, re: Request to add two food trucks to the show which will be located within 250 feet of existing restaurants and to waive Section 5.57.040 (c)
COUNCILOR CEGLIE moved to receive and refer the request to the City administration. Seconded by COUNCIILOR NAPOLITANO. Lisa Knowles addressed the Council to amend the request and ask for only one food truck. Discussion occurred among the Council. COUNCILOR CARLIN moved to send the request to the administration for review and to report back to the Council on August 28, 2024. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
g. Communication from Marco Camacho, Board Chair, Newport Prevention Coalition, re: Requesting to add cannabis and vaping as prohibited uses in Section 12.32.125 and Section 12.32.130 of the Codified Ordinances (Receive and refer to city administration for a recommendation)
h. Communication from Sandy Silverstein, Alzheimer’s Foundation of America, re: Participation in this year’s “Light the World in Teal” initiative for Alzheimer’s Awareness (Approve subject to details being worked out with city administration)
i. Communication from Federico Santi, Chair, Newport Public Sculpture Commission, re: Proposed City of Newport Public Sculpture Policy (Receive)
j. Communication from Federico Santi, Chair, Newport Public Sculpture Commission, re: Requesting changes to Public Sculpture Commission original forming resolution (Receive)
k. Communication from John T. Duchesneau, Acting President, United Veterans Council of Newport County, re: Victory Day ceremony at City Hall (Receive)
l. Communication from CRMC, re: Application of Bowens Wharf Company, Inc. for a State of Rhode Island Assent, 22 Bowens Wharf, Plat 24, Lot 342 (Receive)
m. Communication from CRMC, Public Notice, re: Proposed amendments to the North Atlantic Right Whale Vessel Strike Reduction Rule (Receive)
n. Communication from Nicholas Armour, Zoning Officer, re: Proposed Amendments to the Zoning Ordinance (Receive and refer to the Planning Board and order advertised for public hearing)
COUNCILOR CEGLIE moved to receive the amendments to the Planning Board and order advertised for public hearing. Seconded by COUNCILOR HOLDER. Discussion occurred among the Council. Nicholas Armour addressed the Council. The motion was VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of items b(4), b(8), f and n. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
4. Mobile Food Establishment Cart License, New, Royal Sweets and Treats LLC, d/b/a Royal Sweets and Treats, 1 Dudley Ave. North, Middletown, RI
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
5. Victualing License, New, 49 Newport Beverage, LLC, d/b/a Saltwater, 49 America’s Cup Ave.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
6. Victualing License, New, 1899, LLC, d/b/a The Reef, 10 West Howard Wharf
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
7. Entertainment License, New, Class A (indoor) and Class B (outdoor) 49 Newport Beverage, LLC, d/b/a Saltwater, 49 America’s Cup Ave. to have entertainment daily from 10:00 a.m. to 11:00 p.m. (Hearing)
COUNCILOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
8. Entertainment License, New, Class A (indoor) and Class B (outdoor), 1899, LLC, d/b/a The Reef, 10 West Howard Wharf, to have entertainment daily from 11:00 a.m. to 1:00 a.m.- Existing conditions: No amplification after 10:00 p.m. Sunday through Thursday; No amplification after 11:00 p.m. Friday and Saturday, and Sundays preceding a Monday holiday; no speakers on the North Patio; max decibel level 65 (Hearing)
COUNCILOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
9. Entertainment License, New, Class A (indoor) Pickled and Cured, Inc., d/b/a Thames Street Kitchen and Chanterelle Restaurant, 505 & 509 Thames St. to have entertainment daily from 5:00 p.m. to 11:00 p.m. (Hearing)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLTANO. Edward Lupo, 18 Holland St., addressed the Council regarding the hours of entertainment and requested it be reduced to 10:00 p.m. The applicant was not present to answer questions. Discussion occurred among the Council. COUNCILOR CARLIN moved to table the application as the applicant was not present. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
Appointments:
Henderson Home Commission - Jack Grant – (1 year term expires 3/10/2025)
COUNCILOR CARLIN moved to appoint Jack Grant to the Commission. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
Historic Cemetery Advisory Commission – Gary Ruff (3 year term expires 8/23/2026 serving as Newport County Preservation Society representative)
MAYOR KHAMSYVORAVONG moved to appoint Gary Ruff to the Commission. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
Reappointments:
Energy and Environment Commission - Avery Robertson (3 year term expires 8/11/2027); Laurie Love (3 year term expires 7/22/2026)
Council Liaison Updates
MAYOR KHAMSYVORAVONG moved to reappoint Avery Robertson to the Commission. Seconded by COUNCILOR NAPOLITANO. COUNCILOR CARLIN had questions for the Chair regarding the Commission. However, the Chair was not present. COUNCILOR CEGLIE Moved to call the question. Seconded by COUNCILOR LIMA and voted 6-1 with COUNCILOR CARLIN opposed.
MAYOR KHAMSYVORAVONG moved to reappoint Laurie Love. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
Council Liaison Updates
11. Resident Parking Program - M. Aramli
COUNCILOR ARAMLI introduced the resolution and moved for its passage. Seconded by MAYOR KHAMSYVORAVONG. Jim Nolan, Interim Finance Director, addressed the Council to answer questions. Discussion occurred among the Council. Linda Stevenson, Dixon St., addressed the Council. The motion to adopt the resolution was voted 6-1 with COUNCILOR CARLIN opposed.
12. Transportation Parking Policies for Large Events – L. Ceglie, J. Napolitano
COUNCILOR CEGLIE introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council. Adam DiBiase, Bike Newport intern, addressed the Council to provide information regarding bike use for events. The motion to approve was voted 5-2 with COUNCILOR LIMA and COUNCILOR CARLIN opposed.
13. Amending Section 17.08.010, entitled, “Definitions” (First Reading)- Continued from July 24, 2024
COUNCILOR CEGLIE moved to continue the ordinance to September 11, 2024. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
14. Action Item #6306/24 – RE: Amendment to Newport Yacht Club Lease Agreement (w/accompanying resolution)
MAYOR KHAMSYVORAVONG recused.
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO. COUNCILOR NAPOLITANO moved to continue the communication to the first meeting in September and schedule an Executive Session in the interim to discuss the lease agreement. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY (6-0).
15. Action Item #6307/24 – RE: $98.5 Million Bond Resolution (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CARLIN. Peter Rice, 1 Harrison Lane, addressed the Council regarding the list of projects in the bond and questioned how and who decided on them.
Discussion occurred among the Council and City Solicitor Behan. COUNCILOR LIMA moved to amend the resolution by adding a second resolve stating: The above allocations are based on estimates only, and actual costs of the work may exceed estimates, requiring this Council at a later date to prioritize projects and reallocate proceeds from one project to another. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY. COUNCILOR CARLIN moved to continue the communication to the next meeting. Seconded by COUNCILOR ARAMLI and voted 6-1 with COUNCILOR CEGLIE opposed.
16. Action Item #6308/24 – RE: Award of Bid #24-050 – Plumbing Contract Services - All City Buildings and All Newport Public Schools (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
17. Action Item #6309/24 – RE: Award of Bid # 24-036: Citywide Elevator Testing & Maintenance (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
18. Action Item #6310/24 – RE: Award of Bid #23-031 – Change Order - Wellington Avenue Storm Drain Outfalls Tide Gates (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
19. Action Item #6311/24 – RE: Amendment No. 5 - Engineering Services for Wellington Avenue Tide Gates (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
20. Action Item #6312/24 – RE: Award of Contract – Community Safety Cameras, Automated License Plate Readers (ALPR) (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CARLIN. Ryan Duffy, Police Chief, addressed the Council to answer questions. The motion was VOTED UNANIMOUSLY.
21. Action Item #6313/24 – RE: Traffic Safety Improvement - Broadway at Bedlow Avenue (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE COMMISSIONERS
1. Class F-1 Daily Liquor License, Sail Newport, d/b/a Summer Soiree, 72 Fort Adams Dr.; August 22, 2024 from 5:15 p.m. to 9:30 p.m.
2. Class F Daily Liquor License, St. Augustin Church, d/b/a Honoring St. Augustin, 1 Fifth Ward Sq.; August 28, 2024 from 5:30 p.m. to 7:30 p.m. (Rain date- September 4, 2024)
3. Class F-1 Daily Liquor License, Sail Newport, d/b/a Sail for Hope, 1 Washington St.; September 28, 2024 from 4:00 p.m. to 8:00 p.m.
COMMISSIONER CEGLIE moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
4. Application of Shaner Rhode Island, LLC, d/b/a Saltwater, 49 America’s Cup Ave., holder of a Class BT alcoholic beverage license to transfer ownership to 49 Newport Beverage, LLC (Elizabeth Procaccianti-100%), d/b/a Saltwater, at the same premises (Hearing)
COMMISSIONER CEGLIE moved to close the public hearing and approve the license. Seconded by COMMISSIONER CARLIN and VOTED UNANIMOUSLY.
5. Application of Old Battle Axe, Inc., d/b/a The Reef, 10 West Howard Wharf, holder of a Class BV alcoholic beverage license to transfer ownership to 1899, LLC (Thames Capital Ventures, LLC-51% (Nicholas Schorsch-100%) and Aquidneck Holdings, LLC-49% (Nicholas Schorsch-100%)) at the same premises (Hearing)
COMMISSIONER CEGLIE moved to close the public hearing and approve the license. Seconded by COMMISSIONER CARLIN and VOTED UNANIMOUSLY.
Adjourn- 10:46 p.m.
Laura C. Swistak, CMC
City Clerk