CITY OF NEWPORT

MINUTES FOR THE REGULAR CITY COUNCIL

MEETING

FEBRUARY 12, 2025

 

The following items of business, filed with the City Clerk under the Rules of the Council, will come before the Council at a meeting to be held on February 12, 2025 at 6:30 p.m., City Hall, Council Chambers, 43 Broadway, Newport, RI 02840

 

The CITY CLERK called the Roll and the following members were present:

 

DAVID CARLIN, III

CHARLIE HOLDER

XAY KHAMSYVORAVONG

JEANNE-MARIE NAPOLITANO

ELLEN PINNOCK

STEPHANIE SMYTH

 

ABSENT

LYNN UNDERWOOD CEGLIE

 

CHAIR HOLDER moved to appoint COUNCILOR KHAMSYVORAVONG as VICE CHAIR for the meeting. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

Citizens’ Forum:

 

Peter Rice, 1 Harrison Lane

 

BOARD OF LICENSE COMMISSIONERS

 

CONSENT CALENDAR

 

1.         Class F Daily Liquor License, Clagett Sailing, d/b/a Clagett Sailing- Sailing Regatta, Fort Adams State Park; 6/18/25 from 3:30 p.m. to 7:30 p.m., 6/19/25 from 4:00 p.m. to 6:00 p.m., 6/20/25 from 4:00 p.m. to 8:00 p.m., 6/21/25 from 4:00 p.m. to 8:00 p.m. and 6/22/25 from 3:30 p.m. to 7:30 p.m.

 

2.         Class F-1 Daily Liquor License, R.I. Arts Foundation at Newport Inc., d/b/a Newport Classical, The Breakers; July 5, 6, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20 and 22, 2025 from 8:00 p.m. to 10:00 p.m.

 

3.         Communication from David Fox, Esq., re:  Vickers Liquors- Notice of Change of name of Kat & Tuch, LLC to Kat & Trav, LLC and the transfer of 49% membership interest in the LLC from Andrew Tuchler to Travis Hampton (Receive and make part of licensees file)

 

COMMISSIONER KHAMSYVORAVONG moved to approve the Consent Calendar in its entirety.  Seconded by COMMISSIONER CARLIN and VOTED UNANIMOUSLY.

 

LICENSES AND PERMITS

 

4.         Action Item #6373/25 – RE:  Show Cause Hearing:  Bloody Bull, LLC, d/b/a Gardiner House - Operating Without a Valid Class BT Alcoholic Beverage License- Continued from January 22, 2025

 

COMMISSIONER CARLIN moved to dismiss the hearing as all requirements have been satisfied.  Seconded by CHAIR HOLDER and VOTED UNANIMOUSLY.

 

5.         Application of Vanderbilt Hotel, LLC, d/b/a The Vanderbilt, 41 Mary Street, holder of a Class BT alcoholic beverage license to transfer ownership to Vanderbilt Opco, LLC (1899, LLC- 100% (Thames Capital Ventures 51% (Nicholas Schorsch (100%) and Aquidneck Holdings, LLC- 49% (Nicholas Schorsch (100%)), at the same premises (Hearing)

 

COMMISSIONER KHAMSYVORAVONG opened the public hearing. No members from the public addressed the Board.  COMMISSIONER CARLIN moved to close the public hearing and approve.  Seconded by COMMISSIONER KHAMSYVORAVONG and VOTED UNANIMOUSLY.

 

Adjourn as Board of License Commissioners and convene as Council

 

1.         CONSENT CALENDAR (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 Council Workshop held January 11, 2025 and Council Meetings held on January 8 and January 22, 2025 (Approve)

 

b.         Special Events:

 

1.         Katelyn McSherry, d/b/a Newport Wedding Show VIP Reception, Newport Craft Brewery; February 22, 2025 from 4:00 p.m. to 7:00 p.m.

 

2.         Newport String Project, d/b/a Open Rehearsals, Newport City Hall Council Chambers; 2/26/25, 3/26/25, 4/30/25 and 5/28/25 from 11:00 a.m. to 1:30 p.m.

 

3.         St. Joseph’s Parish, d/b/a St. Joseph’s St. Patrick’s Day Parade Food Sale Fundraiser, church basement; March 15, 2025 from 8:00 a.m. to 12:00 p.m.

 

4.         Newport Art Museum, d/b/a Nancy Grinnell Talk, Newport Art Museum; April 10, 2025 from 2:00 p.m. to 4:00 p.m.

 

5.         Fireworks Display- Silvio Morales/Eric Stone, to have a 12- minute fireworks display off of a barge from Rosecliff Mansion, May 3, 2025 beginning at 8:45 p.m.

 

6.         Clagett Sailing, d/b/a Clagett Sailing, Fort Adams State Park; June 17-22, 2025 from 8:00 a.m. to 7:00 p.m.

 

REMOVED    7.         Carol Swift, d/b/a Newport Design Week Gala, Bois Dore, 115 Narragansett Ave.; June 21, 2025 from 4:00 p.m. to 12:00 a.m.

 

COUNCILOR KHAMSYVORAVONG moved to approve the license.  Seconded by CHAIR HOLDER.  Carol Swift, addressed the Council regarding the application.  COUNCILOR CARLIN moved to table the application.  Seconded by COUNCILOR KHAMSYVORAVONG and VOTED UNANIMOUSLY.

 

8.         Safe Harbor Newport Shipyard, d/b/a Newport Charter Yacht Show, 1 Washington St.; June 23-26, 2025 from 10:00 a.m. to 8:00 p.m.

 

9.         RI Arts Foundation at Newport Inc., d/b/a Newport Classical, d/b/a Newport Classical Music Festival:

 

a.         King Park Gazebo; July 4, 2025 from 12:00 p.m. to 9:00 p.m.

b.         The Breakers; July 5, 6, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20 and 22, 2025 from 8:00 p.m. to 10:00 p.m.

c.         Castle Hill Mansion and Inn; July 7, 2025 from 7:30 p.m. to 9:30 p.m.

d.         Newport Art Museum; July 7 & 15, 2025 from 4:00 p.m. to 5:45 p.m.

e.         The Elms; July 9, 10, 16 & 17, 2025 from 11:00 a.m. to 1:00 p.m.

f.          Rosecliff Mansion; July 11 & 18, 2025 from 5:15 a.m. to 6:30 a.m.

g.         Redwood Library and Athenaeum; July 13, 2025 from 3:00 p.m. to 5:00 p.m.

h.         The Colony House; July 20, 2025 from 11:00 a.m. to 1:00 p.m.

 

10.       Safe Harbor Newport Shipyard, d/b/a Safe Harbor Race Weekend, Newport Shipyard, 1 Washington St.; August 8-10, 2025 from 10:00 a.m. to 5:00 p.m. daily and until 10:00 p.m. on August 9

 

11.       Safe Harbor Newport Shipyard, d/b/a Newport Brokerage Boat Show, Newport Shipyard, 1 Washington St.; September 11-14, 2025 from 10:00 a.m. to 6:00 p.m.

 

c.         2024 Annual Reports (Receive)

 

1.         Public Sculpture Commission

2.         Tax Appeal Board

3.         Trust and Investment Commission

 

d.         Communication from the Cliff Walk Commission, re:  Requesting the city to improve the existing and to add additional bathrooms on the Cliff Walk (Receive)

 

REMOVED  e.        Communication from the Cliff Walk Commission, re:  Requesting the City to add an additional staff member to the Public Services Department (Receive)

 

COUNCILOR KHAMSYVORAVONG moved to receive the communication.  Seconded by CHAIR HOLDER.  COUNCILOR CARLIN commended the Cliff Walk Commission.  The motion to receive was VOTED UNANIMOUSLY.

 

f.          Communication from Meg Dodge, Rocket Pharmaceuticals, Inc., re:  Requesting to light up City Hall to raise awareness for Rare Disease Day (Approve subject to details being worked out with city administration)

 

g.         Annual Comprehensive Financial Report, re:  Year ending June 30, 2024 (Receive)

 

h.         Communication from Nicholas Armour, Zoning Officer, re:  Proposed amendments to the Zoning Code (Receive and refer to the Planning Board and order advertised for public hearing on March 12, 2025)

 

i.          Communication from Carol Turner, re:  Resignation from the Sister City Commission (Receive with regret)

 

j.          Communication from Jon Dember, re:  Resignation from the Bicycle and Pedestrian Advisory Commission (Receive with regret)

 

k.         Communication from Lauren Parmelee, re:  Resignation from the Tree and Open Space Commission

 

COUNCILOR KHAMSYVORAVONG moved to approve the Consent Calendar in its entirety with the exception of items b(7) and e.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

LICENSES AND PERMITS

 

2.         Special Event License, Broadway Street Fair, d/b/a Broadway Street Fair; 1-200 Broadway and Washington Square; October 11, 2025 from 12:00 p.m. to 6:00 p.m.

 

- Request to close Broadway and Washington Square

- Request to place food trucks within 250 feet of existing restaurants

 

COUNCILOR KHAMSYVORAVONG moved to approve the license.  Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.

 

3.         Special Event License, Audrain Automobile Museum, Inc., d/b/a Audrain Automobile Museum Cars & Coffee, various locations (list attached); May 3 from 10:00 a.m. to 1:00 p.m., May 25 from 8:00 a.m. to 10:00 a.m., June 15 from 8:00 a.m. to 10:00 a.m., July 6 from 8:00 a.m. to 10:00 a.m., July 13 from 8:00 a.m. to 10:00 a.m., August 10 from 8:00 a.m. to 10:00 a.m., August 17 from 6:00 p.m. to 8:00 p.m., September 7 from 8:00 a.m. to 10:00 a.m., September 28 from 8:00 a.m. to 10:00 a.m. and November 2 from 10:00 a.m. to 12:00 p.m.

 

COUNCILOR KHAMSYVORAVONG moved to approve the license.  Seconded by COUNCILOR NAPOLITANO.  COUNCILOR CARLIN moved to approve the events through June and see how it goes.  Seconded by CHAIR HOLDER.  John Boxer, addressed the Council on behalf of the applicant.  COUNCILOR CARLIN withdrew his motion.  COUNCILOR CARLIN moved to approve the license.  Seconded by CHAIR HOLDER and VOTED UNANIMOUSLY.

 

4.         Mobile Food Cart License, Renewal, Royal Sweets and Treats, LLC, d/b/a Royal Sweets and Treats, 1 Dudley Ave. North, Middletown, RI

 

COUNCILOR KHAMSYVORAVONG moved to approve the license.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

5.         Mobile Food Cart License, Renewal, GMP Hospitality, LLC, d/b/a Drift Café, 190A Thames St., Newport, RI

 

COUNCILOR KHAMSYVORAVONG moved to approve the license.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

6.         Mobile Food Truck License, Renewal, Newport Chowder Company, LLC, d/b/a Newport Chowder Company, 10 Pell St.

 

COUNCILOR KHAMSYVORAVONG moved to approve the license.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

7.         Victualing License, Renewal, Sailor’s Sweet Tooth, Inc., The, d/b/a Kilwin’s Chocolates & Ice Cream, 262 Thames St.

 

COUNCILOR KHAMSYVORAVONG moved to approve the license.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

8.         Victualing License, Renewal, Lukes Lobster Holding, LLC, d/b/a Lukes Lobster, 36 Bowens Wharf

 

COUNCILOR KHAMSYVORAVONG moved to approve the license.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

9.         Victualing License, New, Vanderbilt Opco, LLC, d/b/a The Vanderbilt, 41 Mary St.

 

COUNCILOR KHAMSYVORAVONG moved to approve the license.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

10.       Entertainment License, New, Vanderbilt Opco, LLC, d/b/a The Vanderbilt, 41 Mary St., indoors daily from 7:00 a.m. to 11:00 p.m. and outdoors limited to the terrace Thursday through Saturday from 6:00 p.m. to 9:30 p.m. (Hearing)

 

COUNCILOR KHAMSYVORAVONG opened the public hearing.  There were no members from the public who addressed the application.

 

COUNCILOR KHAMSYVORAVONG moved to close the public hearing and approve the license.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

11.       Entertainment License, New, Class A Indoors, Caleb Opco, LLC, d/b/a Caleb & Broad, 162 Broadway, daily from 10:00 a.m. to 12:00 a.m. (Hearing)

 

COUNCILOR KHAMSYVORAVONG moved to open the public hearing.  Matthew Lyons, Esq., addressed the Council on behalf of the applicant.  Jacob Castor, owner of 2 Ayrault St. addressed the Council and requested the entertainment to end at 10:00 p.m.  COUNCILOR KHAMSYVORAVONG moved to close the public hearing and approve.  Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.

 

12.       APPOINTMENTS TO BOARDS AND COMMISSIONS

 

Appointments:

Bicycle and Pedestrian Advisory Commission

Tara Zambrotta –– Five-year term, expires 2/12/2030

 

CHAIR HOLDER moved to appoint Tara Zambrotta to the Bicycle and Pedestrian Advisory Commission.  Seconded by COUNCILOR SMYTH and VOTED UNANIMOUSLY.

 

Rachel Schmitt - Five-year term, expires 6/8/2027

 

COUNCILOR KHAMSYVORAVONG moved to appoint Rachel Schmitt to the Bicycle and Pedestrian Advisory Commission.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

James Fry - Five-year term, expires 2/12/2030

 

COUNCILOR KHAMSYVORAVONG moved to appoint James Fry to the Bicycle and Pedestrian Advisory Commission.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

Sister City Commission

Mary Jameson ––Three-year term – expires 4/24/2026

 

COUNCILOR KHAMSYVORAVONG moved to appoint Mary Jameson to Sister City  Commission.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

Reappointments:

 

Energy and Environment Commission

Emily Conklin –– Three-year term, expires 2/9/2028

 

COUNCILOR KHAMSYVORAVONG moved to reappoint Emily Conklin to the Energy and Environment Commission.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

Newport Beach Commission

Demetri Damaskos –– Three-year term, expires 4/11/2026

 

COUNCILOR KHAMSYVORAVONG moved to reappoint Demetri Damaskos to the Beach Commission.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

Newport Housing Authority

Cheryl Abney –– Five-year term, expires 6/3/2027

 

COUNCILOR KHAMSYVORAVONG moved to reappoint Cheryl Abney to the Housing Authority.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

Newport Tree and Open Space Commission

Kara DiCamillo –– three-year term, expires 3/10/2027

 

COUNCILOR KHAMSYVORAVONG moved to reappoint Kara DiCamillo to the Tree and Open Space Commission.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

COMMUNICATIONS

 

13.       Memorandum from the City Solicitor RE:  Newport Tourism Market District (with accompanying resolution)- continued from January 22, 2025

 

CHAIR HOLDER recused.

 

COUNCILOR NAPOLITANO moved to approve the request and adopt the resolution.  Seconded by COUNCILOR CARLIN.  Discussion occurred among the Council.  The motion to approve was voted 4-1 with COUNCILOR CARLIN opposed.

 

COMMUNICATIONS FROM THE CITY MANAGER

 

14.       Action Item #6377/25 – RE   Ordinance Revision – 10.32.110. - Designated residential parking streets – Spring Street from Pelham Street to Mill Street (w/accompanying ordinance)

 

COUNCILOR KHAMSYVORAVONG moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR SMYTH.  Lynn Santo, Spring St., addressed the Council.  The motion to approve was VOTED UNANIMOUSLY.

 

15.       Action Item #6378/25 – RE   Lease Agreement - Newport Historical Society – Brick Market Building (w/accompanying resolution)

 

COUNCILOR KHAMSYVORAVONG moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR CARLIN.  COUNCILOR CARLIN moved to amend the resolution to correct the amount of rent from monthly to annual.  Seconded by CHAIR HOLDER and VOTED UNANIMOUSLY.  COUNCILOR CARLIN moved to approve the resolution as amended.  Seconded by COUNCILOR KHAMSYVORAVONG and VOTED UNANIMOUSLY.

 

16.       Action Item #6379/25 – RE  Award of Contract -  RFP # 2025-PS-012 - Brick Market Building HVAC (w/accompanying resolution)

 

COUNCILOR NAPOLITANO moved to continue the item.  Seconded by COUNCILOR SMYTH.  The motion failed with CHAIR HOLDER, COUNCILOR KHAMSYVORAVONG, COUNCILOR PINNOCK and COUNCILOR CARLIN opposed.  In favor, COUNCILOR NAPOLITANO and COUNCILOR SMYTH.   COUNCILOR KHAMSYVORAVONG moved to receive the communication and approve. Seconded by COUNCILOR NAPOLITANO.  Discussion occurred among the Council.  Bill Riccio, Director of Public Services addressed the Council to answer questions.  COUNCILOR CARLIN requested additional information regarding the cost breakdown.  The motion to approve was voted 5-1 with COUNCILOR CARLIN opposed.

 

17.       Action Item #6380/25RE  Ordinance Amendment Chapter 2.120.010 – Fees for Permits and Licenses - Easton’s Beach - Motorcycle/Moped Parking (w/accompanying ordinance)

 

COUNCILOR KHAMSYVORAVONG moved to receive the communication and adopt the accompanying ordinance.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

18.       Action Item #6381/25 – RE   Supplemental Agreement - Cliff Walk Repair Professional Engineering Services (w/accompanying resolution)

 

COUNCILOR KHAMSYVORAVONG moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

19.       Action Item #6382/25 – RE   Adoption of the Vision Zero: Safe Streets for All Plan and Continuous Evaluation Plan (w/accompanying resolution)

 

COUNCILOR KHAMSYVORAVONG moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

20.       Action Item #6383/25 – RE  Newport Heights, Phase 1 Renovations - Amendment to Existing Cooperation Agreement (w/accompanying resolution)

 

COUNCILOR KHAMSYVORAVONG moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

21.       Action Item #6384/25RE  Award of Contract - .gov Domain Migration (w/accompanying resolution)

 

COUNCILOR KHAMSYVORAVONG moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

22.       Action Item #6385/25 – RE   Exercise of Option Year - Mobile Food and Beverage Service Provider at Easton’s Beach (w/accompanying resolution)

 

COUNCILOR KHAMSYVORAVONG moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO and voted 5-1 with COUNCILOR CARLIN opposed.

 

23.       Action Item #6386/25 – RE  Show Cause Hearing – Harvest Inc., d/b/a Harvest, Inc., 7 Carroll Avenue – Violation of the General Laws of Rhode Island and Codified Ordinances of the City of Newport - Failure to Meet the Conditions of the City Council in Granting of Victualing License

 

CHAIR HOLDER opened the public hearing.  The applicant was not present.  CITY SOLICITOR BEHAN advised the Council the applicant should appear or risk the business being closed .  He recommended the matter be continued to February 26, 2025.  CHAIR HOLDER moved to continue the hearing.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

RESOLUTIONS

 

24.       American Rescue Plan Act - C. Holder, X. Khamsyvoravong

 

COUNCILOR KHAMSYVORAVONG introduced the resolution and moved for its passage.  Seconded by CHAIR HOLDER and VOTED UNANIMOUSLY. 

 

25.       George T. Downing Statue - X. Khamsyvoravong, E. Pinnock, S. Smyth

 

COUNCILOR KHAMSYVORAVONG moved to hear the resolution following the Consent Calendar.  Seconded by CHAIR HOLDER and VOTED UNANIMOUSLY.

 

COUNCILOR KHAMSYVORAVONG introduced the resolution and moved for its passage.  Seconded by COUNCILOR NAPOLITANO.  Charles Roberts, addressed the Council regarding the placement of the statue.  The motion to approve was VOTED UNANIMOUSLY.

 

26.       Ethics Training - S. Smyth, X. Khamsyvoravong, C. Holder

 

COUNCILOR KHAMSYVORAVONG introduced the resolution and moved for its passage.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

27.       Tax Exempt Municipal Bonds - X. Khamsyvoravong

 

COUNCILOR KHAMSYVORAVONG introduced the resolution and moved for its passage.  Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.

 

28.       Ruggles Avenue speed camera - D. Carlin

 

COUNCILOR CARLIN introduced the resolution and moved for its passage.  Seconded by COUNCILOR NAPOLITANO.  Discussion occurred among the Council and City Solicitor Behan.    Olivia Nagle, 553 Bellevue Ave. addressed the Council.  The motion to approve was VOTED UNANIMOUSLY.

 

29.       Easton’s Beach Food Concession Contract - D. Carlin

 

COUNCILOR KHAMSYVORAVONG introduced the resolution and moved for its passage.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

30.       Requesting the City Administration to schedule an Executive Session - D. Carlin

 

COUNCILOR KHAMSYVORAVONG introduced the resolution and moved for its passage.  Seconded by COUNCILOR NAPOLITANO.  COUNCILOR CARLIN moved to amend the resolution by adding an additional “whereas”.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY and VOTED UNANIMOUSLY.

 

 

Laura C. Swistak, CMC

City Clerk

 

ADJOURN – 9:35 p.m.

 

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