CITY OF NEWPORT
FEBRUARY 12, 2020
(Approved- 3/11/2020)
The following items of business, filed with the City Clerk under the Rules of the Council, will come before the Council at its regular meeting held on February 12, 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 | JUSTIN S. MCLAUGHLIN |
| SUSAN TAYLOR | JEANNE-MARIE NAPOLITANO |
| KATHRYN E. LEONARD | |
-Proclamation honoring RHS Coach Jim Cawley – RIIAAA Award
MAYOR BOVA read the proclamation into the record and presented a copy to Mr. Cawley.
-Proclamation recognizing February as Black History Month
MAYOR BOVA read the proclamation into the record.
CITIZENS’ FORUM:
Tim Harrington, 4 Lakeview Avenue, regarding “three” minutes
Proposed Amendments to the Zoning Ordinance: Define “Major Recreational Event” and Temporary Accessory Use for a Major Recreational Event; establishing zones in which they are permitted by right; allowing temporary signage for such event; and establishing conditions for a major recreational event.
· Recommendation from the Planning Board;
· Ordinance amending Chapter 17, Sections 17.08.010, Definitions; Section 17.40.020A, R-60 Residential District; Section 17.44.020A, R-120 Residential District; Section 17.48.020A, R-160 Residential District; Section 17.70.020A, Recreational District; Section 17.76.110, Signs Permitted in All Areas; Chapter 17.100, Development Standards (First Reading)
MAYOR BOVA opened the public hearing. Michael W. Miller, Esq., on behalf of the U.S. Golf Association addressed the Council regarding the amendments. Discussion occurred among the Council regarding the upcoming U.S. Open Golf event. MAYOR BOVA moved to close the public hearing and approve. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Capital Improvement Program FY 2021-FY2025 - A copy is available in the City Clerk’s Office and on the website https://www.cityofnewport.com/city-hall/departments/finance/budgets-cafrs-cips-annual-performance-reports
MAYOR BOVA opened the public hearing. Discussion occurred among the Council regarding the program. CITY MANAGER JOSEPH NICHOLSON addressed the Council regarding the Pell Bridge Realignment project and the relocation of the public services yard.
MAYOR BOVA moved to close the public hearing. Seconded by COUNCILOR MCLAUGHLIN 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 meeting held January 8, 2020 (Approve)
b. Special Events:
1) Beechwood Foundation, Inc., d/b/a Marley Bridges Theatre Co., d/b/a Mystery at the Museum: Cottage Wars, Newport Art Museum; February 15, 22, 29 and March 7, 14 & 21, 2020 from 7:00 p.m. to 8:30 p.m.
2) David Rosenberg, d/b/a Newport Winter Festival- Newport Winter Festival 32 Annual; Marriott Hotel- February 14, 2020 from 7:00 p.m. to 11:00 p.m. and February 22, 2020 from 10:00 a.m. to 11:00 p.m./Gurney’s, February 15, 2020 from 10:00 a.m. to 11:00 p.m. & February 21, 2020 from and 7:00 p.m. to 9:00 p.m.
3) Clann Lir Association, d/b/a Newport Leap Feis, Gurney’s Newport, 1 Goat Island; February 29 and March 1, 2020 from 8:00 a.m. to 5:00 p.m.
4) Island Moving Company, d/b/a Opening Weekend/Mother Goose, Rosecliff, 548 Bellevue Ave.; March 5-8, 2020, various show times
5) newportFILM, d/b/a newportFILM Friendraiser, Christie’s, 14 Perry Mill Wharf; March 7, 2020 from 7:30 p.m. to 11:00 p.m.
6) Boys & Girls Club, d/b/a Growing Together, Community Awards, 95 Church St.; March 27, 2020 from 5:00 p.m. to 9:00 p.m.
7) Lynne Tungett/Newport This Week, d/b/a Night to Remember/Rogers Fundraiser, Rosecliff; April 24, 2020 from 7:00 p.m. to 10:00 p.m.
8) Save The Bay, Inc., d/b/a Save The Bay Earth Day Birthday, Easton’s Beach Rotunda; May 2, 2020 from 10:00 a.m. to 4:00 p.m.
9) Fireworks Display-Anthony Rosciti, barge off of Castle Hill; May 29, 2020 from 9:00 p.m. to 9:12 p.m. (1)
10) IYRS School of Technology & Trades, d/b/a 23rd Annual IYRS Summer Gala, 449 Thames St.; July 11, 2020 from 6:00 p.m. to midnight
REMOVED: c. Communication from Dawn Gardner, RHS PTO President, re: Request to change the date of previously approved special event to hold a bonfire at Easton’s Beach to March 13, 2020 (Approve)
COUNCILOR TAYLOR moved to approve the request. Seconded by COUNCILOR NAPOLITANO. COUNCILOR MCLAUGHLIN raised concerns regarding the event because it is the same day as the St. Patrick’s Day parade. The vote on the motion to approve was VOTED UNANIMOUSLY.
d. Holiday Selling License, New, B Adams Interiors, LLC, d/b/a Birch Alley, 580 Thames St. 101
REMOVED: e. Holiday Selling License, New, Newport Marketplace & Antiques, LLC, d/b/a Newport Marketplace & Antiques, 130 Broadway
COUNCILOR TAYLOR moved to approve the request. Seconded by COUNCILOR NAPOLITANO. COUNCILOR MCLAUGHLIN raised concerns regarding the event because it is the same day as the St. Patrick’s Day parade. The vote on the motion to approve was VOTED UNANIMOUSLY.
f. Second-hand License, New, Newport Marketplace & Antiques, LLC, d/b/a Newport Marketplace & Antiques, 130 Broadway
g. Mechanical Amusement Device, Renewal, El Dee Vending, LLC,Club Wyndham, 5 Washington St. (1 location, 9 machines)
h. Pool Table License, Renewal, El Dee Vending, LLC, Club Wyndham, 5 Washington St. (1 table)
REMOVED: i. 2019 Annual Reports (Receive)
1) Historic Cemetery Advisory Commission
COUNCILOR TAYLOR moved to receive the reports. Seconded by COUNCILOR LEONARD. COUNCILOR CEGLIE thanked the commission for the work they do. The vote on the motion to receive was VOTED UNANIMOUSLY.
2) Affirmative Action Commission
COUNCILOR TAYLOR moved to receive the report. Seconded by COUNCILOR LEONARD. COUNCILOR MCCALLA requested the Affirmative Action Officer receive the required training. The vote on the motion to receive was VOTED UNANIMOUSLY.
3) Newport Prevention Coalition
COUNCILOR TAYLOR moved to receive the report. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
REMOVED: j. Communication from Henry F. Winthrop, re: Requesting the City Council to review the city’s zoning regulations pertaining to retail sales of marijuana (Receive)
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR CEGLIE. COUNCILOR MCLAUGHLIN requested the City Solicitor to bring a recommendation and information to the Council regarding the recreational sale of marijuana. Discussion occurred among the Council. The motion was VOTED UNANIMOUSLY.
REMOVED: k. Communication from Kathleen M. Silvia, re: Resignation from the School Committee (Receive with regret) -Discussion on the process of filling the vacancy and possible votes may occur
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR LEONARD. Discussion occurred among the Council regarding the vacancy. CITY SOLICITOR BEHAN addressed the Council regarding the process for filling the vacancy. The motion to receive was VOTED UNANIMOUSLY.
REMOVED: l. Popular Annual Financial Report - July 1, 2018 – June 30, 2019 (Receive)
COUNCILOR TAYLOR moved to receive the report. Seconded by COUNCILOR CEGLIE. MAYOR BOVA described the report. The motion to receive was VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to adopt the Consent Calendar in its entirety with the exception of items c, e, i., j, k, and l. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
4. Gray Matter Marketing, d/b/a Newport Night Run: A Race for Education, beginning and ending at Rogers High School; April 4, 2020 from 7:30 p.m. to 9:00 p.m.- continued from January 22, 2020
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE. COUNCILOR LEONARD had questions for the applicant. Matthew Gray, applicant, addressed the Council to answer questions regarding the event. The vote on the motion to approve was voted 6-1 with COUNCILOR LEONARD opposed.
5. Gray Matter Marketing, d/b/a Newport 10 Miler, beginning and ending at Fort Adams State Park; May 31, 2020 from 7:30 a.m. to 10:30 a.m.- continued from January 22, 2020
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE. COUNCILOR LEONARD had questions for the applicant. Matthew Gray, applicant, addressed the Council to answer questions regarding the event. The vote on the motion to approve was voted 6-1 with COUNCILOR LEONARD opposed.
6. Victualing License, New, V & Z, LLC, d/b/a Newport Sticks & Cones- Waffles & Ice Cream Parlor, 8 Fair St. Unit 3-4- continued from January 22, 2020
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
7. Victualing License, Expansion, Surf Club, LLC, d/b/a Surf Club, 337 Thames St.- currently consists of the entire premises of Newport Bay Club excluding plaza level retail spaces and common areas, and bar in outdoor, self-contained seasonal kitchen area on the 1226 sq. ft. private terrace, to expand to include plaza level retail space (unit #4) and remove restriction prohibiting service in the plaza level retail spaces for (unit #4) only
COUNCILOR TAYLOR moved to approve the expansion. Seconded by COUNCILOR CEGLIE. COUNCILOR LEONARD had questions regarding the plans.
Michael Miller, Esq., addressed the Council on behalf of the applicant. Charlie Holder, General Manager, addressed the Council to clarify plans. COUNCILOR TAYLOR moved to receive the revised plan clearly showing the liquor service outdoor area from Mr. Miller. Seconded by COUNCILOR TAYLOR and VOTED UNANIMOUSLY. The vote on the motion to approve was VOTED UNANIMOUSLY.
8. Mobile Food Establishment (MFET- 2 available)
a) New, Burgerworks, LLC, d/b/a Brunch Belly, 80 Paradise Ave, Middletown, RI
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
b) Renewal, InStyle33LLC, d/b/a My Rolling Café, 265 Freeborn St., Portsmouth, RI
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
*Moved to the beginning of the meeting prior to the Consent Calendar
*10. Communication from Colleen Burns Jermain, Superintendent of Schools, re: Requesting the City Council to approve the submittal of the RIDE Stage II Application (w/accompanying resolution)
MAYOR BOVA opened the public hearing. The following members of the public addressed the Council:
Kate Jessup, 12 Stockholm St.
Chris Semonelli, Middletown, RI
Ethan Hauge, Bull St.
Peter, 36 Vernon Ave.
Ruby Michado, Burdick Ave.
Aaron Sherman, 130 Connection St.
Stephanie Winslow, 5 Rowland Rd.
Anna Graco, 19 Connection St.
Anna Hattendorf Doyle, 1 Hazard Ave.
COUNCILOR TAYLOR moved to approve the request and adopt the accompanying resolution. Seconded by COUNCILOR MCLAUGHLIN. Discussion occurred among the Council. The vote on the motion to approve the submittal and adopt the accompanying resolution was voted 5-2 with COUNCILOR MCLAUGHLIN and COUNCILOR LEONARD opposed.
11. Communication from Patricia G. Reynolds, Director of Planning & Economic Development, re: Consultant Update on North End Urban Plan
Patricia Reynolds addressed the Council and introduced John Harlow from the Engagement Lab. John Harlow addressed the Council regarding the North End Urban Plan. Discussion occurred among the Council.
12. Memo from the City Manager RE: Status Report #7 on Zoning Code Update
COUNCILOR TAYLOR moved to receive the communication. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
13. Action Item #5907/20 – RE: City Excess Cash Investment Policy (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO. COUNCILOR LEONARD had questions regarding the investment policies and moved to amend the policy language regarding investments. Laura Sitrin, Finance Director, addressed the Council regarding new language and clarified. The motion to amend was seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY. MAYOR BOVA moved to approve as amended. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
14. Action Item #5908/20 – RE: Award of Contract - Bid # 20-010 - Multi-Year July 4th Fireworks Display (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
15. Action Item #5909/20 – RE: Funding for Newport Armory Building Roof Repairs (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE. COUNCILOR LEONARD had comments regarding the funding used for the repairs. CITY MANAGER NICHOLSON addressed the Council to answer questions. The vote to approve was VOTED UNANIMOUSLY.
16. Action Item #5910/20 – RE: Award of Bid #20-025 –Furnish and Install Laminate Flooring in Easton’s Beach Rotunda (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
17. Action Item #5911/20 – RE: Award of Contract-RIMPA-Edward King House Sewer (Driveway and Parking Improvements) (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR LEONARD. COUNCILOR MCLAUGHLIN had questions regarding the parking issues at the Edward King House. Discussion occurred among the Council regarding the parking. Tim Harrington, 4 Lakeview Ave. addressed the Council regarding the Edward King House parking. The vote on the motion to approve was VOTED UNANIMOUSLY.
18. Action Item #5912/20 – RE: Narragansett Avenue Complete Streets Project (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR LEONARD had questions regarding the abutters and property owners being notified of the project. CITY MANAGER NICHOLSON addressed the Council. The motion was VOTED UNANIMOUSLY.
19. Action Item #5913/20 – RE: Financing - Water Main Improvements (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR MCLAUGHLIN. COUNCILOR LEONARD had questions regarding public notice. Julia Forgue, Director of Utilities, addressed the Council regarding the improvements and public notice. The motion to receive and approve was VOTED UNANIMOUSLY.
20. Action Item #5914/20 – RE: Change Orders #3 & #4 – Construction Contract #19-005- Bridge Street Tide Gate (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
21. Action Item #5915/20 – RE: Amendment No. 2- Contract # 17-070 Engineering Services for Design of Tide Gates for Storm Drain Outfalls (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR CELGIE and VOTED UNANIMOUSLY.
1. Daily Liquor Licenses:
a) Fort Adams Trust Inc, d/b/a Newport 10 Miler/Road Race, Fort Adams State Park; May 31, 2020 (continued from January 22, 2020)
b) Rhode Races & Event, d/b/a Newport Rhode Races, Easton’s Beach; April 18, 2020 from 9:00 a.m. to 2:00 p.m.
c) Johnathan Pogash, 18th Annual Newport Bridal Show, Oceancliff Resort; March 1, 2020 from 10:00 a.m. to 4:00 p.m.
2. Communication from Anthony Lorusso, Radish Patch, LLC, holder of a Class BL alcoholic beverage license re: Notification changing d/b/a from La Vasca to Vieste (Receive and make part of the licensee’s file)
COMMISSIONER TAYLOR moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
3. Application of Surf Club, LLC, d/b/a Surf Club, 337 Thames St., consisting of the entire premises of Newport Bay Club excluding plaza level retail spaces and common areas, and bar in outdoor, self-contained seasonal kitchen area on the 1226 sq. ft. private terrace, to expand its Class BT alcoholic beverage license to include plaza level retail space (unit #4) and remove restriction prohibiting service in the plaza level retail spaces for (unit #4) only (Hearing)
MAYOR BOVA opened the public hearing. Michael Miller, Esq., addressed the Board on behalf of the applicant and asked the Board to incorporate the plans discussed and adopted during the victualing license expansion. COMMISSIONER MCLAUGHLIN moved to incorporate the plans. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY. MAYOR BOVA moved to close the public hearing and approve. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
4. Action Item #5905/20 - RE: Show Cause Hearing: The Protective Club, d/b/a Protective Club-Operating Without a Valid Class D Alcoholic Beverage License- (Continued from 1/22/2020)
CITY SOLICITOR BEHAN recommended the Board continue the hearing to March 25, 2020. MAYOR BOVA moved to continue the hearing to March 25, 2020. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN -9:20 p.m.