CITY OF NEWPORT
DECEMBER 9, 2020
(Approved 1/13/21)
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 December 9, 2020 at 6:30 p.m.
The CITY CLERK called the roll, and the following members were present:
| JAMIE BOVA | LYNN UNDERWOOD CEGLIE |
| ANGELA MCCALLA | CHARLIE HOLDER |
| ELIZABETH FUERTE | JEANNE-MARIE NAPOLITANO |
| KATHRYN E. LEONARD | |
CITIZENS’ FORUM
Bonnie Kniskern, Covid -19 concerns
1. PUBLIC HEARING- Proposed Amendments to Title 17 of the Codified Ordinances, entitled, “Zoning” to add “Marijuana Retail Facility” which would prohibit marijuana retail facilities
COUNCILOR HOLDER recused.
COUNCILOR CEGLIE moved to add the communication from the Planning Board. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
MAYOR NAPOLITANO opened the public hearing.
Phillip Gasbarro, Esq. addressed the Council regarding the ordinance amendments.
Discussion occurred among the Council regarding pending state legislation and the proposed amendments. CITY SOLICITOR CHRISTOPHER BEHAN addressed the Council to answer questions. COUNCILOR CEGLIE moved to close the public hearing. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
a. Recommendation from the Planning Board;
b. Ordinances amending Title 17:
1. 17.08, entitled, “Definitions”, Section 17.08.010- Definitions (First Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on first reading. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
2. 17.52, entitled, “Limited Business District”, Section 17.52.020- Use Regulations (First Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on first reading. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
3. 17.56, entitled, “Waterfront Business District”,17.56.020- Use Regulations (First Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on first reading. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
4. 17.60, entitled, “General Business District”, 17.60.020-Use Regulations (First Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on first reading. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
5. 17.64, entitled, “Commercial Industrial District, 17.64.020-Use Regulations (First Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on first reading. Seconded by COUNCILOR LEONARD 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. Minutes of the Council Meeting held October 28, 2020 (Approve)
b. Special Events:
1) Newport Festivals Foundation, Inc. @ Fort Adams State Park:
a) Newport Folk Festival, July 23-25, 2021 from 11:00 a.m. to 7:30 p.m.
b) Newport Folk Event, July 26-28, 2021 from 11:00 a.m. to 7:30 p.m.
c) Newport Jazz Festival, July 30, 31 and August 1, 2021 from 11:00 a.m. to 7:30 p.m.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR BOVA. COUNCILOR LEONARD had concerns regarding potential traffic impacts and expressed a need for a transportation plan. Kira Favro, Newport Festivals Foundation Director, addressed the Council. The motion to approve
c. Arcade License, Renewal, Ryan Family Amusements, Inc., 268 Thames St. (50 machines)
d. Mechanical Amusement License, Renewal, Newport Music Co., Inc., 849 Union St., Portsmouth, RI (16 locations, 27 machines)
e. Tattoo License, Renewal (owner/operator), David Bennett, d/b/a Sitting Bull Tattoo, LLC, 136A Thames St.
f. Tattoo License, Renewal (owner/operator), Peter Fortune, d/b/a Fortune Tattoos, 435 Thames St.
g. Tattoo License, Renewal (owner/operator), Jennifer Clinch Guertin, Anchor Steam Inc., d/b/a Anchor Steam Tattoo Gallery, 44 Broadway
h. Pool Table License, Renewals:
1. Fastnet Pub, Inc., d/b/a Fastnet Pub, 1-3 Broadway (1 table)
2. Friendly Sons of Newport Social Club, Inc., d/b/a Friendly Sons3-5 Farewell St. (1 table)
3. Atlas Vending, Inc., 1106 North Main St., Providence, RI (1 table @ Town Center Laundry, 199 Connell Highway)
i. Communication from the Housing Authority of Newport, re: 2021 Annual Plan & 5-Year Capital Fund Action Plan (Receive)
REMOVED j. Communication from the Newport Health Equity Zone, re: North End Urban Plan (Receive)
COUNCILOR CEGLIE moved to receive the item. Seconded by COUNCILOR BOVA. Discussion occurred among the Council. The motion to receive was VOTED UNANIMOUSLY.
k. Communication from Stephen Berlucchi, re: Resignation from the Planning Board (Receive with regret)
l. Communication from Elizabeth Fuerte, re: Resignation from the Planning Board (Receive with regret)
REMOVED m. Communication from the Newport Tree and Open Space Commission, re: Proposed amendments to Chapter 12.36 of the Codified Ordinances (Receive)
COUNCILOR CEGLIE moved to receive the communication. Seconded by COUNCILOR BOVA. Discussion occurred among the Council. COUNCILOR CEGLIE moved to receive and refer the communication to the Planning Board for a recommendation. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
n. Communication from the Newport Canvassing Authority, re: Certification of the results from the November 3, 2020 General Election (Receive)
COUNCILOR CEGLIE moved to adopt the Consent Calendar in its entirety with the exception of item b(1), j and m. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
3. Second-hand License, New, Bike Newport, d/b/a Bike Newport, 62 Broadway (Hearing)
COUNCILOR MCCALLA recused.
COUNCILOR CEGLIE moved to close the public hearing and approve the license. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY (6-0)
4. Victualing License, New, Bellevue Nutrition, LLC, d/b/a Bellevue Nutrition, 260 Bellevue Ave.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
5. Victualing License, New, Tooti Patzi, LLC, d/b/a Tooti Patzi, 7 Memorial Blvd.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
6. Victualing License, New, True Tides, LLC, d/b/a TBD, 359 Thames St., Unit C1 (confined to restaurant and adjacent patio only, no room service) (In conjunction with the transfer of the Class BT alcoholic beverage license transfer of Seaport Grille & Raw Bar, LLC)
COUNCILOR HOLDER recused.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY (6-0).
7. 2020-2021 Victualing License Renewals:
a) NDC Enterprises, LLC, d/b/a Norey’s, 136-138 Broadway
b) Belle Mer, Inc., d/b/a Belle Mer, 2 Goat Island
c) Salvation Café Inc., d/b/a Salvation Café, 140 Broadway
COUNCILOR CEGLIE moved to approve the license renewals. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
Planning Board
Reappointment of Melissa Pattavina (3-year term expiring 12/09/2023)
COUNCILOR CEGLIE moved to reappoint Melissa Pattavina to the Planning Board. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
RESOLUTIONS
9. 2021 City Council Meeting Schedule
COUNCILOR CEGLIE moved to adopt the resolution. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
10. Requesting the dumping of construction material on the residential land behind the 5th Ward Fire Station on Old Fort Road be terminated- K. Leonard
COUNCILOR LEONARD introduced the resolution and moved for its passage. Seconded by COUNCILOR CEGLIE. William Riccio, Public Services Director addressed the Council to answer questions. The motion to approve the resolution failed 1-6 with MAYOR NAPOLITANO, COUNCILOR CEGLIE, COUNCILOR HOLDER, COUNCILOR MCCALLA, COUNCILOR FUERTE and COUNCILOR BOVA opposed.
11. Requesting the City Manager to schedule a midyear budget review workshop- J. Bova
COUNCILOR BOVA introduced the resolution and moved for its passage. Seconded by COUNCILOR CEGLIE. Discussion occurred among the Council. The motion to approve was VOTED UNANIMOUSLY.
12. National Grid Long Term Gas Capacity Plan
COUNCILOR CEGLIE moved to adopt the resolution. Seconded by COUNCILOR LOENARD and VOTED UNANIMOUSLY.
13. Amending Chapter 10.52, of the Codified Ordinances, Section 10.52.010, entitled, “No Through Streets Listed-Signs Required” (Second Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
14. Action Item #5948/20 – RE: Award of Contract - 2016 Natural Hazard Mitigation Plan – Mandatory Update (Five Year) (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
15. Action Item #5949/20 – RE: Award of Contract - RFP#21-005 – Community Choice Aggregation (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR FUERTE. Discussion occurred among the Council. Peter Friedrichs, City Planner, addressed the Council regarding the proposed plan. The motion to approve was VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR LEONARD.
1. Class F Daily Liquor Licenses, Newport Festivals Foundation, Inc. @ Fort Adams State Park:
a) Newport Folk Festival, July 23-25, 2021 from 12:00 p.m. to 6:30 p.m.
b) Newport Folk Event, July 26-28, 2021 from 12:00 p.m. to 6:30 p.m.
c) Newport Jazz Festival, July 30, 31 and August 1, 2021 from 12:00 a.m. to 6:30 p.m.
COMMISSIONER CEGLIE moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER FUERTE and VOTED UNANIMOUSLY.
2. Application of Seaport Grille & Raw Bar Inc., d/b/a The Port, 359 Thames St., Unit C1 (confined to restaurant and adjacent patio only, no room service), holder of a Class BT alcoholic beverage license to transfer ownership to True Tides, LLC (Finbarr Murray-100%), d/b/a TBD for the same premises (Hearing)
COMMISSIONER HOLDER recused.
MAYOR NAPOLITANO opened the public hearing. Hearing none, COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
3. 2020-2021 Liquor License Renewals (Hearing):
LIQUOR CLASS BL
NDC Enterprises, LLC
d/b/a Norey’s
156-158 Broadway
MAYOR NAPOLITANO opened the public hearing. Hearing none, COMMISSIONER CEGLIE moved to close the public hearing and approve the license. Seconded by MAYOR NAPOLITANO and VOTED UNANIMOUSLY.
LIQUOR CLASS BV
Belle Mer, Inc.
d/b/a Belle Mer
2 Goat Island
MAYOR NAPOLITANO opened the public hearing. Hearing none, COMMISSIONER CEGLIE moved to close the public hearing and approve the license. Seconded by COMMISSIONER FUERTE and VOTED UNANIMOUSLY.
LIQUOR CLASS C
Salvation Café, Inc.
d/b/a Salvation Café
140 Broadway
MAYOR NAPOLITANO opened the public hearing. Hearing none, COMMISSIONER CEGLIE moved to close the public hearing and approve the license. Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN- 8:49 p.m.
COVID 19 Status update- To be held on 12/10/20