CITY OF NEWPORT
HELD JULY 8, 2009
(Approved 1/13/2010)
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 July 8, 2009, at 6:30 p.m.
The Mayor called the meeting to order at 6:30 p.m.
The City Clerk called the roll and the following members were present:
| MARY C. CONNOLLY | JUSTIN S. MC LAUGHLIN |
| STEPHEN R. COYNE | JEANNE-MARIE NAPOLITANO, MAYOR |
| CHARLES Y. DUNCAN | STEPHEN C. WALUK |
| KATHRYN E. LEONARD | |
Ross Freeman, 104 Second Street, spoke on CRMC’s designation of the street extensions running west off of Washington St. as public rights of way, and said the property owners on Washington St. should not be allowed to dictate how those rights of way are used.
COUNCILOR MC LAUGHLIN moved the Rules of the Council be suspended to consider Item #6. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY. (See #6)
UV Disinfection System for Easton Beach-Environmental Assessment Review
-- Communication #4554/09, re: UV Disinfection System for Easton Beach, Draft Environmental Assessment
COUNCILOR LEONARD asked if Middletown and the RI Department of Transportation would share in the cost of the UV System. CITY MANAGER EDWARD LAVALLEE responded that the Town of Middletown has agreed to participate but the dollar amount has not yet been resolved. He said the Council would, however, be advised of the amount prior to voting on a contract. COUNCILOR LEONARD said it was her understanding that Middletown has looked into a different system whereby a pipe would run from The Esplanade out to sea, that there have been some approvals from permitting agencies, and asked if that would be feasible and less costly than the UV System. CITY MANAGER LAVALLEE responded that he was not aware of any approvals, and he was advised that Middletown determined such a pipe would not be economically feasible. He said it also would not be economically feasible for Newport to have a pipe going out to sea from the mouth of the moat.
PETER FAGAN, 56 Ayrault St., asked if life in the moat will be affected, such as shad, and if the appearance of the building will be attractive. CITY MANAGER LAVALLEE responded that the building will be masonry but attractive on the outside. MR. FAGAN continued his remarks wherein he said the UV System would make no sense without Middletown’s participation, and questioned the need for it at all if its purpose is to prevent beach closures since with the recent significant amounts of rain and street run-off the beach did not close. He suggested that may mean the problem is in the stream and not the moat.
RAY SMEDBURG, 129 Coggeshall Ave., agreed with Mr. Fagan on the impact of Middletown’s participation. He said the issue of the RI Department of Transportation’s storm drains on the Middletown side of the moat and the Esplanade pipe are significant contributors to the problem. He said it was also his understanding that the feasibility of running a pipe out to sea is a dead issue, and after a meeting about six months ago Middletown officials made it clear they would not participate in the UV project. He said he believed the project should move forward, however, the big question is Middletown’s participation.
UTILITIES DIRECTOR JULIA FORGUE noted that there are two pipes from the Esplanade, one nearer the moat and the other its southern point. CITY MANAGER LAVALLEE agreed that the Esplanade pipe would have an impact on the moat, and said they did examine an alternative of actually bringing the pipe to the moat but that was not possible. He stressed that the moat needs to be addressed and said how much Middletown and RIDOT contribute to the problem is debatable and they are trying to make that determination.
COUNCILOR LEONARD, noting that Atlantic Beach had been closed a couple of weeks ago because of rain storms, said if Middletown and RIDOT are part of the problem they need to be part of the solution. MAYOR NAPOLITANO agreed and said conversations with them need to continue and stressed the importance of addressing the problem.
DREW CAREY, 215 Eustis Ave., said the Environmental Assessment Study appears to be complete and thorough; however, he was concerned about efficacy of the system as it is designed. He said the City and consultant should continue collecting information during storms because he was not entirely satisfied with the calculations. COUNCILOR CONNOLLY responded that the Council has an obligation to the citizens to protect Easton’s Beach and the project needs to go forward.
COUNCILOR MC LAUGHLIN moved the hearing be closed. Seconded by COUNCILOR WALUK and VOTED UNANIMOUSLY.
COUNCILOR MC LAUGHLIN questioned the timetable for implementation of the UV System. CITY MANAGER LAVALLEE responded that the participation of the Town of Middletown is going to play an important role because it must be addressed prior to voting on a contract for the project, which has not yet gone out to bid.
COUNCILOR MC LAUGHLIN said there should be a workshop to review all the issues raised prior to a contract so that Council will have a clear understanding of what is being voted upon, and if Middletown doesn’t address its problem it could be a waste for the City to spend the money on the system. CITY MANAGER ED LAVALLEE agreed that Middletown and RIDOT play an important part and said he would invite them to a workshop.
COUNCILOR MC LAUGHLIN said it was his understanding that providing power for the system has a long lead time and it needs to be done in order for the pant to be up and running in 2010. CITY MANAGER LAVALLEE responded that a meeting was scheduled with National Grid in the upcoming week and they were discussing an exchange so that there would be no cost to the City.
MAYOR NAPOLITANO moved the communication be received and the Assessment accepted. Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.
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 Event Licenses:
1) Rugby Resort LLC, d/b/a Island Rugby’s Inaugural Under 23-7’s Tournament Men/Women High School, College and Club Rugby Event; Fort Adams State Park, July 26, 2009 from 8:30 am to 4:30 pm
2) Newport County Community Mental Health Center, d/b/a Bike-A-Thon; September 20, 2009, from 7:30 a.m. to 3:00 p.m., beginning and ending at Fort Adams (three routes: 12-mile ride in Newport; 25-, 35-, and 45-mile rides incl. Middletown and Portsmouth)-continued from June 24, 2009
b. Drain Layer License Renewals:
1) Aquidneck Construction Inc., d/b/a Aquidneck Construction, 45 Lehigh Terrace, Portsmouth RI
2) East Coast Construction and Landscaping Inc., d/b/a East Coast Construction, 96 Ferry Landing Circle, Portsmouth, RI
c. Holiday Selling Licenses New:
1) REMOVED: Sarah Frost, d/b/a Cards by Sarah, 7 Farewell St.
2) REMOVED: Shoe Dream LLC, d/b/a Terra Zapato, 23 America’s Cup Ave.
3) Gant USA Corporation, d/b/a Gant USA Corporation, One Bellevue Ave.
d. Holiday Selling License Renewals:
1) Jos. A. Bank Clothiers Inc., d/b/a Jos. A. Bank Clothiers Inc., 21 Long Wharf
2) REMOVED: Shoe Dream LLC, d/b/a Terra Zapato, 16 Bowen’s Wharf
e. REMOVED: Pedicab Operator Licenses:
1) Erin Carey, 10 Kilburn Court, Unit 2
2) Christopher Lull, 42 Lee Ave.
3) Brian Hajdarovic, 10 Hall Ave.
f. Communication from Rhode Island Ethics Commission, re: Request for Comment: New General Commission Advisory 2009-1: Nepotism
g. REMOVED: Communication from RIPEC, re: Aquidneck Island Consolidation and Feasibility Study (Receive)
h. Claims (Receive and refer to city solicitor):
1) Catherine Sousa, by attorney
2) Paulette K. Armstrong-Perkett, by attorney
3) Alexandria Gbarayor
COUNCILOR MC LAUGHLIN moved the Consent Calendar, with the exception of Items c-1, c-2, d-2, e and g, be adopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
c. Holiday Selling Licenses, New
1) Sarah Frost, d/b/a Cards by Sarah, 7 Farewell St.
COUNCILOR MC LAUGHLIN noted the applicant had withdrawn the application.
2) Shoe Dream LLC, d/b/a Terra Zapato, 23 America’s Cup Ave.
COUNCILOR MC LAUGHLIN moved the license be approved.
COUNCILOR COYNE recused himself.
The motion was seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
3) Holiday Selling License Renewals: Shoe Dream LLC, d/b/a Terra Zapato, 16 Bowen’s Wharf
COUNCILOR COYNE recused himself.
COUNCILOR MC LAUGHLIN moved the license renewal be approved.
The motion was seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
e. Pedicab Operator Licenses
a. Erin Carey, 10 Kilburn Court, Unit 2
b. Christopher Lull, 42 Lee Ave.
c. Brian Hajdarovic, 10 Hall Ave.
COUNCILOR DUNCAN said he would not support the pedicab licenses. He said over the weekend he drove along America’s Cup and observed one, without lights, swerving in an out of traffic; another was observed being told by a member of the police department to remove some passengers because it was overloaded. He said the license is a privilege and not a right.
COUNCILOR MC LAUGHLIN said he would support the licenses, although he agreed with Councilor Duncan. He said the lights on the pedicabs are too low and the companies need to determine a better location for them. COUNCILOR LEONARD agreed and said if the companies owning the pedicabs do not address the issues they should be brought in for show cause hearings. MAYOR NAPOLITANO asked that the Police Chief meet with the pedicab company owners to resolve the problem with the lights and overcrowding.
COUNCILOR MC LAUGHLIN moved the pedicab licenses be approved. Seconded by COUNCILOR. CONNOLLY.
| VOTE: | In favor – MAYOR NAPOLITANO; COUNCILORS CONNOLLY, COYNE, LEONARD, MC LAUGHLIN and WALUK. |
| | |
| | Opposed – COUNCILOR DUNCA N. |
g. Communication from RIPEC, re: Aquidneck Island Consolidation and Feasibility Study (Receive)
COUNCILOR MC LAUGHLIN said the RIPEC report was the best study done in a long while on consolidation of schools. He said the public would have the opportunity to question Mr. John Simmons of RIPEC on the study at a meeting sponsored by the Alliance for a Livable Newport to be held on the following Monday at 6:30 p.m. at the Newport campus of CCRI.
COUNCILOR MC LAUGHLIN moved the report be received. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
3. Application for an Annual Class B (outdoor) Entertainment License, Rhode Island Quahog Company Restaurant LLC, d/b/a Rhode Island Quahog Co., 250 Thames St., to allow for doors and windows to remain open during entertainment. (First Hearing)
TIM SMITH of the RI Quahog Co. Restaurant LLC said he did not want outdoor entertainment, rather to be allowed to have the French doors open during entertainment. He said he would be willing to adjust the time for the open doors to nine or ten p.m. when outdoor dining ends.
COUNCILOR LEONARD noted that the Police Chief recommended denial of the request. She asked if any other businesses are allowed to have their doors and windows open during entertainment. The CITY CLERK responded that the Council’s policy for all establishments is that all doors and windows must be closed during entertainment; however, when a business has a Class B outdoor entertainment license, it is allowed to have doors and windows open but only while music is being played outdoors. Discussion followed as to whether or not the musicians must physically be outside when one has a Class B license. COUNCILOR LEONARD said she thinks allowing the doors to be open during entertainment would be problematic and set the way for others to ask; therefore, she would not support the request.
COUNCILOR WALUK asked if the Police Chief would support the application if the open doors were limited to nine p.m. POLICE CHIEF MICHAEL MC KENNA said that the applicant runs a good business; however, the policy of closed doors and windows was put into place several years ago because of noise permeating through residential neighborhoods. He said he was concerned that if the city were to again approve doors and windows being open during entertainment the problems of the past would return. COUNCILOR WALUK noted that other area businesses have outdoor entertainment and the Chief’s concerns could be allayed if reasonable restrictions were placed on the license. MAYOR NAPOLITANO said she was concerned because the restaurant’s location on Thames St. immediately abuts a residential neighborhood.
COUNCILOR COYNE cited a discrepancy on the license application where on page one it states there would be acoustic music, but on page two it states there would be amplification. MR. SMITH responded that the guitars would be plugged in and, therefore, there would be amplification. He pointed out that businesses on the wharves with outdoor entertainment actually face east towards the residential neighborhoods while his entertainment would be facing towards the water. He said he understood the Council’s concerns; however, he would be willing to abide by any restrictions they might want to impose with regard to hours and decibels.
COUNCILOR MC LAUGHLIN moved the hearing be closed. Seconded by COUNCILOR WALUK and VOTED UNANIMOUSLY.
COUNCILOR WALUK moved the license be amended to restrict the outdoor entertainment to 9 p.m., meaning all doors and windows will have to be closed at 9.p.m. when there is entertainment. Seconded by COUNCILOR MC LAUGHLIN.
COUNCILOR CONNOLLY said she was concerned because of others that were denied amplification in the past and said she would rather have the application redone with everything clarified. COUNCILOR WALUK, noting that there were no objectors when the matter had been advertised and notice sent to abutters within a 200’ radius, suggested the license be approved with the 9 p.m. restriction at this hearing with a clean application to appear at the next meeting for second hearing.
VOTE on the amendment:
In favor – MAYOR NAPOLITANO; COUNCILORS CONNOLLY, DUNCAN, COYNE, MC LAUGHLIN and WALUK.
Opposed – COUNCILOR LEONARD.
MAYOR NAPOLITANO moved the Class B annual entertainment license, as amended, be approved. Seconded by COUNCILOR WALUK.
| VOTE: | In favor – MAYOR NAPOLITANO; COUNCILORS COYNE, DUNCAN, MC LAUGHLIN and WALUK. |
| | |
| | Opposed – COUNCILORS CONNOLLY and LEONARD. |
4. Communication from Shanthi K. Palany-Genga, Historic Tours of Newport, re: requesting permission to place a promotional booth along Long Wharf.
COUNCILOR DUNCAN recused himself.
MAYOR NAPOLITANO moved the communication be received and referred to the city administration. Seconded by COUNCILOR COYNE and VOTED UNANIMOUSLY (6-0).
5. Communication from Timothy Hetland, Rhode Island Wind Power, re: allowing for the installation of wind turbines in Newport.
The applicant withdrew his communication.
6. Extending appreciation to the Island Cemetery Company, the Kerry Hill Neighborhood Association and the Aletta Morris McBean Charitable Trust for their commitment and donation which made the historic Friends Cemetery fence replacement project possible – City Council
MAYOR NAPOLITANO, at the opening of the meeting, read the resolution and presented certified copies to representatives of the organizations being recognized.
COUNCILOR MC LAUGHLIN moved the resolution be adopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
7. Requesting the City Solicitor to draft an ordinance allowing for valet parking in downtown Newport, using as a guide the information provided by the Newport County Chamber of Commerce- J.Napolitano, K. Leonard
COUNCILOR LEONARD introduced the resolution and moved for its adoption. Seconded by MAYOR NAPOLITANO.
COUNCILOR CONNOLLY said it was her understanding the city would not be subsidizing the program. COUNCILOR LEONARD responded that that was correct. COUNCILOR MC LAUGHLIN asked if there was going to be feed back from the city administration on other parking schemes, such as the advertising of off-street parking and increasing parking at the Mary St. Lot, noting that there is $4.5 million in the parking fund. MAYOR NAPOLITANO said she has asked for a workshop on the Mary St. Parking Lot and it was suggested that it be done after the summer season.
The motion to adopt the resolution was VOTED UNANIMOUSLY.
8. Requesting changes to the budget approval process for the June 2010 fiscal year- J. McLaughlin
COUNCILOR MC LAUGHLIN introduced the resolution and moved for its adoption. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
9. Amending Chapter 5.12 of the Codified Ordinances, entitled, “Alcoholic Beverage Licenses,” to decrease the number of Class BV licenses by one and increase the Class BT licenses by one.
COUNCILOR LEONARD recused herself.
COUNCILOR MC LAUGHLIN moved the ordinance be adopted on second reading. Seconded by MAYOR NAPOLITANO.
TURNER C. SCOTT, ESQ., representing 41◦ North, LLC, said the Class BL liquor license would be returned to the City if the Class BT is approved for the areas requested.
The motion to approve was voted unanimously (6-0).
10. Amending Chapter 9.04 of the Codified Ordinances, entitled, “Offenses Against Public Peace and Decency”, to prohibit a person who has not attained the age of twenty-one (21) years from consuming or having in his or her possession alcoholic beverages. (First Reading)
MAYOR NAPOLITANO moved the ordinance be adopted on first reading. Seconded by COUNCILOR CONNOLLY.
COUNCILOR MC LAUGHLIN noted that the ordinance amendment was requested by the Newport Substance Abuse Task Force to provide the police the tools needed to address the problem of underage persons consuming alcoholic beverages.
The motion was VOTED UNANIOUSLY.
11. Communication #4555/09, re: Newport Police Department-2009 Byrne Stimulus Grant
MAYOR NAPOLITANO moved the communication be received and the accompanying resolution adopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
12. Communication #4556/09, re: Award of Contracts-RFP #09-044; First Annual Easton’s Beach Festival
MAYOR NAPOLITANO moved the communication be received and the accompanying resolution adopted. Seconded by COUNCILOR CONNOLLY.
COUNCILOR COYNE commended the Department of Economic Development and Beach Manager Ray Fullerton for moving forward on the festival. COUNCILOR MC LAUGHLIN said he understood all alcoholic beverages wouldl be served inside the Rotunda, which CITY MANAGER LAVALLEE confirmed.
The motion to approve was VOTED UNANIMOUSLY.
7:44 P.M. ADJOURNED
Kathleen M. Silvia
City Clerk