CITY OF NEWPORT
MEETING
JANUARY 24, 2024*
(Approved 2/14/2024)
The following items of business, filed with the City Clerk under the Rules of the Council came before the Council at meeting held at 6:30 pm in the City Council Chambers, 43 Broadway, Newport, RI 02840
Citizens’ Forum
a. Minutes of the Boards and Commissions Interviews held January 6, 2024 (Approve)
b. Special Events:
1. Irish American Athletic Club, d/b/a Not Your Grandma’s Bingo, 642 Thames St.; January 28, 2024 from 12:00 p.m. to 3:00 p.m.
2. Emeline McKeoun, d/b/a Newport Winterfest, Newport Art Museum, Cushing Building; February 24, 2024 from 10:00 a.m. to 4:00 p.m.
3. Newport Life Magazine, d/b/a Newport Wedding Show, Newport Craft Brewing & Distilling, 293 Connell Highway & Rosecliff Mansion; February 25, 2024 from 11:00 a.m. to 4:00 p.m.
4. Irish American Athletic Club, d/b/a Drag Me to Lunch, 642 Thames St.; March 24, 2024 from 12:00 p.m. to 2:00 p.m.
5. Newport Art Museum, d/b/a Summer Art Party, Newport Art Museum; July 12, 2024 from 6:00 p.m. to 11:00 p.m.
6. R.I. Arts Foundation at Newport, Inc., d/b/a Newport Classical Music Festival, King Park Gazebo; July 4, 2024 from 12:00 p.m. to 9:00 p.m.
7. R.I. Arts Foundation at Newport, Inc., d/b/a Newport Classical Music Festival, The Breakers; July 5, 6, 7, 9, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, 2024 from 8:00 p.m. to 10:00 p.m.
8. R.I. Arts Foundation at Newport, Inc., d/b/a Newport Classical Music Festival, The Elms; July 9, 11 and 17, 2024 from 11:00 a.m. to 1:00 p.m.
9. R.I. Arts Foundation at Newport, Inc., d/b/a Newport Classical Music Festival, Newport Art Museum; July 10, 2024 from 4:00 p.m. to 5:45 p.m.
10. R.I. Arts Foundation at Newport, Inc., d/b/a Newport Classical Music Festival, The Chinese Tea House; July 12 & 19, 2024 from 5:15 a.m. to 6:30 a.m.
11. R.I. Arts Foundation at Newport, Inc., d/b/a Newport Classical Music Festival, Redwood Library and Athenaeum; July 14, 2024 from 3:00 p.m. to 5:00 p.m.
12. R.I. Arts Foundation at Newport, Inc., d/b/a Newport Classical Music Festival, Castle Hill Mansion and Inn; July 16, 2024 from 7:30 p.m. to 9:30 p.m.
13. RI Arts Foundation at Newport, Inc., d/b/a/ Newport Classical Music Festival, The Colony House; July 21, 2024 from 11:00 a.m. to 1:00 p.m.
REMOVED 14. Newport Design Festival, LLC, d/b/a Newport Design Week, 115 Narragansett Ave.; July 25, 26 & 27 from 9:00 a.m. to 4:30 p.m.
COUNCILOR CEGLIE moved to approve the application. Seconded by COUNCILOR NAPOLITANO. Carol Swift, applicant addressed the Council to answer questions regarding the event. Discussion occurred among the Council concerning the commercial use of the property for special events. MAYOR KHAMSYVORAVONG moved to table the application. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
REMOVED 15. Historic Wharves, d/b/a Newport International Boat Show, layout attached; September 12-15, 2024 from 10:00 a.m. to 6:00 p.m. and 10:00 a.m. to 5:00 p.m.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR CARLIN. COUNCILOR ARAMLI had questions for the applicant. Lisa Knowles, Show Director, addressed the Council to answer questions regarding the traffic impacts to America’s Cup Avenue during the load in and load out of the show. The motion to approve was VOTED UNANIMOUSLY.
c. Tattoo License Renewal, Owner/Operator, Jennifer Clinch Guertin, d/b/a Anchor Steam Tattoo Gallery, 44 Broadway
REMOVED d. Bingo License, Daily, Irish American Athletic Club, 642 Thames St, January 28, 2024
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO. Joseph Keenan, Manager, addressed the Council to answer questions regarding the bingo event. COUNCILOR CEGLIE moved to approve the license subject to the applicant receiving approval from the R.I. State Police. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
e. Communication from Dennis Sullivan, re: Requesting permission to be the sole vendor at the 68th Annual St. Patrick’s Day Parade on March 16, 2024 (Approve)
f. 2023 Annual Reports:
COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of items b(14), b(15) and d. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
2. Mobile Food Cart (MFEC) License, Renewal, The Newport Lobster Shack Group Cooperative, d/b/a Newport Lobster Shack, 150 Long Wharf
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
3. Victualing License, Renewal, MMKJR, Inc., d/b/a A-1 Pizza, 306 Broadway
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
4. Victualing License, Renewal, Ash Mart, Inc., d/b/a Ash Mart, 2 Carroll Ave.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
5. Victualing License, Renewal, Bellevue Boards, LLC, d/b/a Bellevue Boards, 84 Broadway
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
6. Victualing License, Renewal, The Nitro Bar, LLC, d/b/a Nitro Bar, The, 404 Thames St.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
7. Victualing License, Renewal, The Nitro Bar, LLC, d/b/a Nitro Bar, The, 2 Pond Ave.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
8. Entertainment License, Expansion, Class B (outdoors), Carpe Noctem Restaurant, LLC, d/b/a Fifth Element, to expand the entertainment by adding an outdoor skating rink at 105 Broadway Monday through Thursday from 3:00 p.m. to 8:00 p.m., Friday from 3:00 p.m. to 10:00 p.m. and Saturday and Sunday from 12:00 p.m. to 10:00 p.m. (Hearing)
COUNCILOR CEGLIE opened the public hearing. Derek Savas, Applicant/Owner, addressed the Council regarding the proposed skating rink. Kevin Callahan, 3 Ayrault St., addressed the Council regarding noise from entertainment. Pricilla Smith, 10 Kilburn Court, addressed the Council regarding parking concerns and presented photographs to the Council. COUNCILOR CEGLIE moved to receive the photographs. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Discussion occurred among the Council and Mr. Savas regarding the hours on Sundays. COUNCILOR CEGLIE moved to amend the license to have entertainment on Sundays from 10:00 a.m. to 8:00 p.m. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to close the public hearing and approve the license as amended. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
9. Entertainment License, New, Class A (indoor) & Class B (outdoor), The Quencher Newport, LLC, d/b/a The Quencher Newport, 95 Long Wharf, indoors Sunday through Saturday from 12:00 p.m. to 12:30 a.m. and second floor deck Saturday and Sunday from 1:00 p.m. to 5:00 p.m. (Hearing)- continued from January 10, 2024
COUNCILOR CEGLIE opened the public hearing. Scott Kirmil, Owner/Applicant, addressed the Council to answer questions regarding the proposed entertainment. COUNCLOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
Council Liaison Updates
Appointments
Planning Board- Patricia Antonelli (3-year term expires 10/31/2024)
MAYOR KHAMSYVORAVONG moved to appoint Patricia Antonelli to the Planning Board. Seconded by COUNCILOR NAPOLITANO and voted 6-0. Councilor Carlin left the dias and was not present for the vote.
11. Memorandum from City Solicitor Christopher J. Behan, Esq. Approving the Easement Benefiting 50 Washington Square Property for the Installation of a Subterranean Vault in the Sidewalk on the South Side of Farewell Street Sidewalk Abutting the 50 Washington Square Property
COUNCILOR CEGLIE moved to receive the memorandum and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
12. Communication from the Town of Jamestown, re: Gould Island Presentation
Stephen Bois, Jamestown Harbormaster, addressed the Council to provide information regarding their request for Newport to support the plan of redevelopment for Gould Island. COUNCILOR CEGLIE moved to endorse the plan presented. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
13. Council Priorities Dashboard
14. Memorandum from the Director of Planning and Development RE: Updates on Resolutions Nos. 2023-10, 2023-11, 2023-12; Submittal of Work Plan and Budget, Resolution No. 2023-09
COUNCILOR NAPOLITANO moved to approve the memorandum from the Director of Planning and Development. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOULSY.
15. Memorandum from the City Manager, re: Soil Stockpile and Landfill at Rogers High School. Recommendations to be discussed and a possible vote on action to be taken.
COUNCILOR CEGLIE moved to receive the memorandum. Seconded by COUNCILOR MCCALLA. Discussion occurred among the Council regarding the dirt pile and stock pile. MAYOR KHAMSYVORAVONG moved to request the city take the following actions:
1) Request the School Building Committee refrain from adding material amounts of dirt to the dirt pile until they come up with a plan for the ultimate use of soil the dirt in the pile and soil and additional soil which may be added to the stockpile;
2) City and the City Manager be authorized to retain an environmental consultant and legal counsel specializing in this type of work to specifically look at the history behind the landfill and the city’s obligations to remediate the landfill and to come up with a plan to remediate the landfill;
3) City Manager authorized to retain legal counsel to look at the contractual obligation, legal liability and indemnifications of parties who may be held responsible for the advice provided to date with regards to the dirt pile.
Seconded by COUNCILOR HOLDER and voted 5-1 with COUNCILOR CARLIN and opposed. (COUNCILOR MCCALLA was not present for the vote).
COUNCILOR CARLIN moved to amend the proposal and requested the City Council give the City Manager the authority to communicate to the School Committee and School Building Committee they can no longer put dirt on the dirt pile. Seconded by COUNCILOR ARAMLI and voted 5-2 with MAYOR KHAMSYVORAVONG, COUNCILOR HOLDER, COUNCILOR CEGLIE, COUNCILOR MCCALLA and COUNCILOR NAPOLITANO opposed.
16. Action Item #6226/24 – re: Soil Stockpile at Rogers Testing Report
COUNCILOR CEGLIE moved to receive the testing report. Seconded by COUNCILOR MCCALLA and voted 6-1 with COUNCILOR CARLIN opposed.
17. Action Item #6227/24 – re: CRMC File No. 2021-05-075 – Revised Application of Susan LaChapelle Ropolo - 80 Washington Street – Residential Boating Facility
MAYOR KHAMSYVORAVONG recused.
Christopher McNally, Esq., addressed the Council on behalf of the applicant regarding the proposed boating facility. Discussion occurred among the Council and Mr. McNally. The following members from the public addressed the Council:
John Ward, 53 Bridge St.
David Kane, Waterfront Commission Chair
Elizabeth O’Shea, 51 Second St.
COUNCILOR MCCALLA moved to receive all communications sent to the Council members from residents and include them with the City’s recommendation to CRMC and make them an official part of the public record. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY (6-0).
COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
1. Class F-1 Daily Liquor License, R.I. Arts Foundation at Newport, Inc., d/b/a Newport Classical, The Breakers; July 5, 6, 7, 9, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, 2024 from 8:00 p.m. to 10:00 p.m.
COMMISSIONER CEGLIE moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
2. Application of Radish Patch, LLC, d/b/a Hooked, 580 Thames St. Unit A102, holder of a Class BL alcoholic beverage license to transfer ownership and location to Yagi Noodles, LLC, d/b/a Yagi Noodles, 20 & 22 Long Wharf Mall (Hearing)
COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER NAPOLTIANO and VOTED UNANIMOUSLY.
COMMISSIONER CEGLIE moved to adjourn as Board of License Commissioners and reconvene as Council in a closed Executive Session in the Second Floor Conference Room, Newport City Hall, 43 Broadway, Newport, RI, in accordance with Section 42-46-5 Purposes for Which Meeting May be Closed, “(a)(1) Personnel Issues”…Discussions of the job performance, character or physical or mental health of persons…” in order to discuss the search for a City Manager and pursuant to Rhode Island General Laws Section 42-46-5 (a)(2) “sessions pertaining to litigation” to discuss the Ann Street Pier litigation.
Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Adjourn- 10:10 p.m.
Laura C. Swistak, CMC
City Clerk