CITY OF NEWPORT
JANUARY 22, 2020
(Approved 2/26/2020)
The following items of business, filed with the City Clerk under the Rules of the Council, came before the Council at its regular held on January 22, 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 | |
CITIZENS’ FORUM:
John Harlow, NBBJ, North End Master Plan
COUNCIL LIAISON UPDATES
a. Recommendation from the Planning Board
b. Ordinance amending Title 17, entitled, “Zoning” to add new Chapter 17.71 entitled, “Mixed Use Planned District” (First Reading)
MAYOR BOVA moved to continue the meeting to March 23, 2020. Seconded by COUNCILOR TAYLOR 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 December 11, 2019 (Approve)
b. Special Events:
1) LMG Rhode Island Holdings dba Newport Life Magazine, d/b/a 18th Annual Newport Bridal Show, Rosecliff & Oceancliff; March 1, 2020 from 11:00 a.m. to 3:00 p.m.
REMOVED 2) 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.
COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR CEGLIE. COUNCILOR LEONARD had questions for the applicant and with none present, moved to continue the application to February 12, 2020. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
REMOVED 3) 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.
COUCNILOR TAYLOR moved to approve. Seconded by COUNCILOR CEGLIE. COUNCILOR LEONARD had questions for the applicant and with none present, moved to continue the application to February 12, 2020. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
4) Gray Matter Marketing, d/b/a Craft Brew Races Newport, Fort Adams State Park; July 25, 2020 from 12:00 p.m. to 4:00 p.m.
REMOVED c. 2019 Annual Reports (Receive)
1. Tree and Open Space Commission
2. Cliff Walk Commission
3. Bicycle and Pedestrian Advisory Commission
4. Planning Board
COUNCILOR TAYLOR moved to receive the reports. Seconded by COUNCILOR CEGLIE. MAYOR BOVA encouraged the public to review the reports. The motion was VOTED UNANIMOUSLY.
d. Capital Improvement Program FY 2021-FY2025 (Receive and order advertised for public hearing on February 12, 2020) - A copy is available in the City Clerk’s Office and on the website http://www.cityofnewport.com/departments/finance/budgets-cafrs-cips
COUNCILOR TAYLOR moved to receive the reports. Seconded by COUNCILOR CEGLIE. MAYOR BOVA encouraged the public to review the reports. The motion was VOTED UNANIMOUSLY.
e. Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 2019 (Receive) - A copy for review is in the City Clerk’s Office and on the city’s website http://www.cityofnewport.com/departments/finance
COUNCILOR TAYLOR moved to receive the reports. Seconded by COUNCILOR CEGLIE. MAYOR BOVA encouraged the public to review the reports. The motion was VOTED UNANIMOUSLY.
f. Communication from Blum Shapiro & Company, P.C., re: Federal Single Audit Report June 30, 2019 (Receive)
g. Communication from River Hawk Environmental, LLC, re: Notice of Dig & Haul Activities, 185 Coggeshall Avenue, Newport, RI 02840 Map 37, Lot 27 (Receive)
REMOVED h. City of Newport Debt Affordability Presentation – Updated January 2020 (Receive)
COUNCILOR TAYLOR moved to receive the presentation. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
i. Communication from City Solicitor, Christopher J. Behan, Esq. re: Proposed amendments to the zoning ordinance (Receive and refer to the Planning Board for a recommendation and order advertised for hearing)
COUNCILOR TAYLOR moved to approve the Consent Calendar in its entirety with the exception of items b (2), b (3), c, d, e, h, and i. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
3. Mobile Food Truck License (MFET) (3 Available)
a. Michael Napolitano, d/b/a Macray’s Seafood II, 115 Stafford Rd., Tiverton, RI
COUNCILOR NAPOLITANO recused.
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
4. Victualing License, New, Tokyo, Inc., d/b/a Newport Tokyo House Sushi Hibachi, 6 Equality Park Place (In conjunction with liquor license transfer)
COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
5. Victualing License, New, JJ Thai Cuisine, Inc., d/b/a Thai Cuisine, 517 Thames St. (In conjunction with liquor license transfer)
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
6. Victualing License, New, V & Z, LLC, d/b/a Newport Sticks & Cones- Waffles & Ice Cream Parlor, 8 Fair St. Unit 3-4
COUNCILOR TAYLOR moved to approve the license. Seconded by COUNCILOR CEGLIE. COUNCILOR LEONARD had questions regarding the use of the property for a fast food restaurant and moved to continue to February 12, 2020. Seconded by COUNCILOR TAYLOR. CITY SOLICITOR BEHAN addressed the Council to answer questions. The vote on the motion to continue was VOTED UNANIMOUSLY.
7. Victualing License, New, Yagi Noodles, LLC, d/b/a Yagi Noodles, 580 Thames St.
COUNCILOR TAYLOR moved to approve. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
8. Victualing License, Expansion, Salvation Café, Inc., d/b/a Salvation Café, 140 Broadway, to expand the hours of operation to Fridays and Saturdays and the night before legal state holidays until 1:00 a.m. (In conjunction with liquor license application)
COUNCILOR CEGLIE recused.
COUNCILOR TAYLOR moved to continue the application until after the Board of License Commissioners. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
Reappointments:
Tax Board of Appeals- continued from November 11, 2019
Paul Tobak (6-year term exp. 11/1/21; 2nd term)
Paul Bernard (6-year term exp. 11/1/25; 3rd term)
MAYOR BOVA moved to reappoint Paul Tobak and Paul Bernard to the Tax Appeals Board. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
10. Hosting Platform, Hotel Tax Remittance- J. Napolitano, L. Ceglie
COUNCILOR NAPOLITANO introduced the resolution and moved for its passage. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
11. Earth Day Celebration 2020- J. Bova, L. Ceglie
MAYOR BOVA introduced the resolution and moved for its passage. Seconded by COUNCILOR TAYLOR. Lauren Dixon, Clean Ocean Access, addressed the Council in support of the resolution. The vote on the motion to approve was VOTED UNANIMOUSLY.
12. Amending Chapter 5.40 of the Codified Ordinances, entitled, “Hotels” (Second Reading)
- Memorandum from the City Manager - Update on Short-Term Rental Investigatory Group Recommendations
COUNCILOR TAYLOR moved to adopt the ordinance on second reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
13. Draft RIDE Stage II Application
COUNCILOR TAYLOR moved to receive the application. Seconded by COUNCILOR NAPOLITANO. COUNCILOR MCLAUGHLIN moved to receive and incorporate the memorandum from the Finance Director dated January 14, 2020. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY. Joseph DeSanti, Downes Construction and Philip Conte, Studio JADE, addressed the Council regarding the application. Discussion occurred among the Council regarding the application. The vote on the motion to receive was VOTED UNANIMOUSLY.
14. Memo from the City Manager RE: Status Report #6 on Zoning Code Update
COUNCILOR TAYLOR moved to receive the report. Seconded by COUNCILOR MCLAUGHLIN. Patricia Reynolds, Director of Planning & Economic Development, addressed the Council to provide an update. The vote on the motion to receive was VOTED UNANIMOUSLY.
15. Action Item #5899/20 – RE: Award of Contract for 2020 Full Revaluation (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 previous revaluation. Alan Booth, addressed the Council regarding the contract and revaluation process going forward. The vote on the motion to approve was VOTED UNANIMOUSLY.
16. Action Item #5900/20 – RE: Award of Contract - RFP # 20-021 - Repairs to Maintenance Shed (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
17. Action Item #5901/20 – RE: Award of Bid #NPS20-018 - Boiler Replacement at Thompson Middle School (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
18. Action Item #5902/20 – RE: Modification #8 to Contract # 10-039 Professional Services for Program Manager for Implementation of CSO Long Term Control Plan (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
19. Action Item #5903/20 – RE: Resilient Rhody Municipal Resilience Program (MRP) - 2020 Round – Request for Responses to Provide Planning Services (w/accompanying resolution)
COUNCILOR TAYLOR moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CEGLIE. COUNCILOR MCCALLA commended the Department of Planning and Economic Development for their work on the program. The motion to approve was VOTED UNANIMOUSLY.
COUNCILOR TAYLOR moved to adjourn as Council and Convene as the Board of License Commissioners. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
1. Class F Daily Liquor Licenses:
a. Fort Adams Trust Inc, d/b/a Newport 10 Miler/Road Race, Fort Adams State Park; May 31, 2020
b. Rhode Island Brewers Guild, d/b/a Craft Brew Races Newport- Fort Adams State Park; July 25, 2020 from 12:00 p.m. to 4:00 p.m.
COMMISSIONER TAYLOR moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER CEGLIE. COMMISSIONER LEONARD moved to continue item 1 a. to February 12, 2020. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.
2. Application of Salvation Café, Inc., d/b/a Salvation Café, 140 Broadway, holder of a Class C alcoholic beverage license to expand the hours of operation to sell and serve beverages on Fridays and Saturdays and the night before legal state holidays until 1:00 a.m. (Hearing)
COMMISSIONER CEGLIE recused.
MAYOR BOVA opened the public hearing. Jeff Callaghan, Fluke Restaurant, addressed the Council. City Solicitor Behan addressed the Commission regarding the Class C license and the provisions under state law. Susan Lamond, owner, addressed the Commission regarding her license. Discussion occurred among the Board members, CITY SOLICITOR BEHAN and Susan Lamond. MAYOR BOVA moved to close the public hearing and approve. Seconded by COMMISSIONER MCLAUGHLIN and voted 4-2 with COMMISSIONER NAPOLITANO and COMMISSIONER LEONARD opposed.
3. Application of Thames Street Thai Cuisine LLC, d/b/a Thai Cuisine, 517 Thames St., holder of a Class BL alcoholic beverage license to transfer ownership to JJ Thai Cuisine, Inc. (Jirapa Cox 50% and Inthuon Segger 50%), d/b/a Thai Cuisine, at the same premises. (Hearing)
MAYOR BOVA opened the public hearing. MAYOR BOVA moved to close the public hearing and approve. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.
4. Application of Newport Tokyo House Sushi & Asian, Inc., d/b/a Newport Tokyo House Sushi Hibachi, 6 Equality Park Place, holder of a Class BL alcoholic beverage license to transfer ownership to Tokyo, Inc. (Lei Li 100%), d/b/a Newport Tokyo House Sushi Hibachi, at the same premises. (Hearing)
MAYOR BOVA opened the public hearing. MAYOR BOVA moved to close the public hearing and approve. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
5. Action Item #5904/20 – RE: Show Cause Hearing: Mermaids Newport, LLC, d/b/a Poor Richard’s-Benjamin’s-Operating Without a Valid Class BV Alcoholic Beverage License
MAYOR BOVA opened the public hearing. Paul Boardman, President, addressed the Board regarding the status of outstanding items. CITY SOLICITOR BEHAN addressed the Board and provided a recommendation to allow the applicant an additional 30 days. COMMISSIONER MCLAUGHLIN moved to continue the hearing to February 26, 2020. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
6. 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
MAYOR BOVA opened the hearing. CITY SOLICITOR BEHAN addressed the Board and recommended a continuance as the applicant was not present. MAYOR BOVA moved to continue the hearing to February 12, 2020. Seconded by COMMISSIONER TAYLOR and VOTED UNANIMOUSLY.
7. Action Item #5906/20 – RE: Show Cause Hearing: Radish Patch, LLC, d/b/a La Vasca-Operating Without a Valid Class BV Alcoholic Beverage License
MAYOR BOVA moved to dismiss the hearing. Seconded by COMMISSIONER TAYLOR and VOTED UNANIMOUSLY.
COMMISSIONER TAYLOR moved to adjourn as Board of License Commissioners and reconvene as Council. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.
8. Victualing License, Expansion, Salvation Café, Inc., d/b/a Salvation Café, 140 Broadway, to expand the hours of operation to Fridays and Saturdays and the night before legal state holidays until 1:00 a.m. (In conjunction with liquor license application)
COUNCILOR CEGLIE recused.
COUNCILOR TAYLOR moved to approve the expansion. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
ADJOURN- 8:14 p.m.