CITY OF NEWPORT

MINUTES FOR THE REGULAR COUNCIL MEETING

AUGUST 11, 2021

(Approved 9.22.2021)

 

The following items of business, filed with the City Clerk under the Rules of the Council, came before the Council at a meeting held on August 11, 2021 at 6:30 p.m.

 

The DEPUTY CITY CLERK called the roll, and the following members were present:

 

JAMIE BOVA

LYNN UNDERWOOD CEGLIE

ELIZABETH FUERTE

CHARLIE HOLDER

KATHRYN E. LEONARD

ANGELA MCCALLA

JEANNE-MARIE NAPOLITANO

 

 

CITIZENS’ FORUM

 

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.   Special Events :

 

1.   The Nitro Bar, d/b/a Acoustic Performance, 404 Thames St.; August 12, 2021 from 6:00 pm to 8:00 pm

 

2.   Bike Newport, d/b/a 10 Spot Ride, ten locations in Newport, see map; August 21, 2021 from 11:00 am to 4:00 pm

 

COUNCILOR MCCALLA recused.

 

COUNCILOR CEGLIE moved to approve the license.  Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY (6-0). 

 

3.   Newport Middle Passage Port Marker Project, d/b/a Art in the Park, Liberty Square; August 24, 2021 from 1:00 pm to 4:00 pm

 

4.   Newport Tree Conservancy, d/b/a Evening of the Arboreta, 662 Bellevue Ave.; August 27, 2021 from 6:00 pm to 8:00 pm

 

5.   U.S. Naval War College, d/b/a “Cardines Classic” Army vs Navy Baseball Game, Cardines Field; September 10, 2021 from 3:00 pm to 10:00 pm (rain date- September 17, 2021)

 

6.   Newport Historical Society, d/b/a The French in 1780 Newport Living History Event, Great Friends Meeting House, Colony House, Wanton-Lyman-Hazard House; September 11-12, 2021 from 11:00 am to 4:00 pm

 

7.   Bike to the Beach, Inc., d/b/a Bike to the Beach – New England, Bellevue Ave., Ocean Ave., Harrison Ave. (see attached route & map); September 18, 2021 from 12:00 pm to 5:00 pm

 

8.   The C. Thomas Clagett, Jr. Memorial Clinic and Regatta, d/b/a Clagett Regatta “Wheels and Cocktails” Party:  Auction/Fundraiser, Rotunda Ballroom at Easton’s Beach; September 25, 2021 from 6:00 p.m. to 8:00 p.m.

 

9.   Bowen’s Wharf Co., Inc., d/b/a Bowen’s Wharf Seafood Festival, 13 Bowen’s Wharf; October 16, 2021 from 11:00 am to 6:00 pm and October 17, 2021 from 11:00 am to 5:00 pm

 

10. A Wish Come True, Inc., d/b/a 18th Annual Polar Plunge, Easton’s Beach; January 1, 2022 from 10:00 am to 1:00 pm

 

b.   Communication from SPIN, re:  Newport & SPIN (Ford Mobility) Micromobility Community Partnership (Receive and refer to city administration for a recommendation)

 

COUNCILOR CEGLIE moved to receive and refer to city administration for a recommendation.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

c.   Communication from Christopher M. Roberts, re:  Request to hold a block party on September 5, 2021 from noon to 8:00 p.m. and request street closure from 107 Champlin Place North to Ellery Road (Approve subject to details being worked out with city administration)

 

d.   Communication from R.I. Coastal Resources Management Council, re:  Application of Susan LaChapelle Ropolo, 80 Washington St. for a State of Rhode Island Assent (80 Washington St.- Newport-Plat 12 Lot 73-Newport Harbor) (Receive and refer to the Planning Board and Waterfront Commission for a recommendation)

 

e.   Communication from R.I. Coastal Resources Management Council, re: Application of Howard Wharf LP, 1100 Aquidneck Ave., Middletown, RI for a State of Rhode Island Assent (24 Lee’s Wharf-Newport-Plat 32 Lot 314 (Receive and refer to the Planning Board and Waterfront Commission for a recommendation)

 

f.    2020 Annual Report- Trust & Investment Commission (Receive)

 

g.   Communication from Michael Richards, Esq., re:  Friends of Newport Skatepark Petition (Receive)

 

h.   Communication from Residents in the area of Theodore “Ted” Michaud Field, re:  Petition in Favor of Saving Michaud Field (Receive)

 

i.    Communication from Chris Semonelli, re:  Fencing around the pond in Middletown Town Park (Receive)

 

COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of items a(2) and b.  Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.

 

LICENSES AND PERMITS

 

2.   Mobile Food Establishment (MFET- 1 available), New, Plouffe’s Enterprises, d/b/a Plouffe’s Quality Catering, 267 Main St., Pawtucket, RI

 

COUNCILOR CEGLIE moved to approve the license.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

3.   APPOINTMENTS TO BOARDS AND COMMISSIONS

 

NOTE:  Vacancies currently or soon will exist on the following Boards and  Commissions: Beach Commission, Bicycle and Pedestrian Advisory Commission, Henderson Home, Historic DistrictCommission, Energy and Environment Commission

 

Appointments

Bicycle and Pedestrian Advisory Commission – Meg Dodge (5-year term expiring 8/11/2026)

 

MAYOR NAPOLITANO moved to appointment Meg Dodge to the Bicycle and Pedestrian Advisory Commission.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

Energy and Environment Commission – Avery Robertson (3-year term expiring 8/11/2024)

 

MAYOR NAPOLITANO moved to appointment AVERY ROBERTSON to the Energy and Environment Commission.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

RESOLUTIONS

 

4.   Regulation of Motorized Bicycles, Motor Scooters and Motorized Tricycles – K. Leonard, J. Napolitano, C. Holder, L. Ceglie

 

COUNCILOR LEONARD introduced the resolution and moved for its passage.  Seconded by COUNCILOR CEGLIE.  Discussion occurred among the Council.  CITY MANAGER NICHOLSON addressed the Council.  CITY SOLICITOR BEHAN addressed the Council.  MAYOR NAPOLITANO moved to call the question.  Seconded by COUNCILOR CEGLIE and voted 5-2 with COUNCILOR BOVA and COUNCILOR MCCALLA opposed.  The motion to approve was voted 5-2 with COUNCILOR BOVA and COUNCILOR MCCALLA opposed.

 

5.   Boards and Commissions Appointment Process – J. Bova, A. McCalla

 

COUNCILOR BOVA introduced the resolution and moved for its passage.  Seconded by COUNCILOR MCCALLA.  Discussion occurred among the Council.  CITY SOLICITOR BEHAN responded to COUNCILOR BOVA’s questions regarding the resolution.

 

COUNCILOR BOVA made a motion to amend resolve item “a” to remove “will” and to replace with “should attempt to.”  Seconded by COUNCILOR MCCALLA.  Discussion occurred among the Council.  COUNCILOR BOVA restated the motion to amend resolve item “a.”  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

Discussion occurred among the Council regarding resolve item “c.”  CITY MANAGER NICHOLSON addressed the Council.  COUNCILOR CEGLIE made a motion to eliminate resolve item “c.”  Seconded by COUNCILOR LEONARD.  Discussion occurred among the Council.  The motion to eliminate resolve item “c” was voted 5-2 with COUNCILOR BOVA and COUNCILOR MCCALLA opposed.

 

MAYOR NAPOLITANO made a motion to amend resolve item “b” to add “and demographics offered.”  Seconded by COUNCILOR FUERTE.  Discussion occurred among the Council.  The motion to amend resolve item “b” was VOTED UNANIMOUSLY.

 

Discussion occurred among the Council regarding resolve item “d.”  CITY SOLICITOR BEHAND addressed the Council regarding the wording of item “d.”  COUNCILOR MCCALLA made a motion to amend resolve item “d” to remove “completely” and to add “also” after “must be.”  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

MAYOR NAPOLITANO made a motion to approve the resolution as amended.  Seconded by COUNCILOR CEGLIE and voted 6-1 with COUNCILOR LEONARD opposed.

 

6.   Virtual Participation in Public Meetings – J. Bova, C. Holder

 

COUNCILOR BOVA introduced the resolution and moved for its passage.  Seconded by COUNCILOR FUERTE.  Discussion occurred among the Council.  CITY MANAGER NICHOLSON addressed the Council and provided an update on the City’s on-going efforts.  The motion to approve was VOTED UNANIMOUSLY.

 

7.   Short-Term Rentals Enforcement – A. McCalla

 

COUNCILOR MCCALLA introduced the resolution and made a motion to table the resolution.  Seconded by COUNCILOR CEGLIE.  Discussion occurred among the Council.  COUNCILOR MCCALLA requested a status report for short-term rental enforcement and a public workshop.  CITY MANAGER NICHOLSON addressed the Council.  The motion to table was VOTED UNANIMOUSLY.

 

ORDINANCES

 

8.   Amending Chapter 17.52, entitled, “Limited Business District”, Section 17.52.020- Use Regulations (Second Reading)

 

COUNCILOR HOLDER recused.

 

COUNCILOR CEGLIE introduced the ordinance and moved for its passage.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY (6-0).

 

9.   Amending Chapter 17.56, entitled, “Waterfront Business District”,17.56.020- Use Regulations (Second Reading)

 

COUNCILOR HOLDER recused.

 

COUNCILOR CEGLIE introduced the ordinance and moved for its passage.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY (6-0).

 

10. Amending Chapter 17.60, entitled, “General Business District”, 17.60.020-Use Regulations (Second Reading)

 

COUNCILOR HOLDER recused.

 

COUNCILOR CEGLIE introduced the ordinance and moved for its passage.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY (6-0).

 

11. Amending Chapter 17.64, entitled, “Commercial Industrial District”, 17.64.020-Use Regulations (Second Reading)

 

COUNCILOR HOLDER recused.

 

COUNCILOR CEGLIE introduced the ordinance and moved for its passage.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY (6-0).

 

12. Amending Chapter 12.28 entitled, “City Harbor”, to amend Section 12.28.055 entitled, “Use of vessels as abodes or floating businesses” (First Reading)

 

COUNCILOR CEGLIE introduced the ordinance and moved to the adopt the ordinance on first reading.  Seconded by MAYOR NAPOLITANO and VOTED UNANIMOUSLY.

 

COMMUNICATIONS AND PETITIONS

 

13. Communication from Friends of Newport Skate Park, re: Request to Address City Council at August 11, 2021 City Council Meeting Regarding Outreach Efforts of Friends of Newport Skate Park

 

Michael J. Richards, 261 Turner Rd., Middletown, RI 02842, addressed the Council.  Discussion occurred among the Council.  CITY MANAGER NICHOLSON addressed the Council regarding sports facilities locations and the City’s on-going efforts.

 

The following members from the public addressed the Council:

 

Theresa St. Pierre, 10 Leal Terrace
Elijah Jackson, 38 Dudley Ave.
Matt Leys, 5 Barber St.,

Matt Leys requested to submit a map and petition to the Council.  MAYOR NAPOLITANO made a motion to receive.  Seconded by COUNCILOR CEGLIE.

 

The following members from the public addressed the Council:

 

Jennifer Jackson, 38 Dudley Ave.
Felicity Jackson, 38 Dudley Ave.

 

COMMUNICATIONS FROM THE CITY MANAGER

 

14. Action Item #5999/21 – RE: Award of Contract – RI MPA #381 – Asphalt Paving, Maintenance & Repair of Roadways 2021 (w/accompanying resolution)

 

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE COMMISSIONERS

 

BOARD OF LICENSE COMMISSIONERS

 

CONSENT CALENDAR

 

1.   Daily Liquor License, Class F-1, Newport Tree Conservancy, d/b/a Evening of the Arboreta, 662 Bellevue Ave.; August 27, 2021 from 6:00 pm to 8:00 pm

 

2.   Daily Liquor License, Class F, Aquidneck Community Table, d/b/a Summer Bounty, Sail Newport; September 2, 2021 from 5:30 pm to 8:30 pm

 

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

 

LICENSES AND PERMITS

 

3.   Action Item #5960/21 – RE:  Show Cause Hearing:  The Protective Club, d/b/a Protective Club – Operating Without a Valid Class D Alcoholic Beverage License (continued from June 23, 2021)

 

CITY SOLICITOR BEHAN addressed the Council and recommended a continuance.  COMMISSIONER CEGLIE moved to continue the hearing to September 8, 2021.  Seconded by COMMISSIONER BOVA and VOTED UNANIMOUSLY.

 

COUNCILOR CEGLIE moved to adjourn as Board of License Commissioners and reconvene as Council pursuant to RIGL 42-46-1 and in accordance with RIGL 42-46-5 (a)(2) and (a)(5), to Executive Session in the 2nd floor conference room to discuss matters relating to the lease, acquisition or disposition of publicly held property involving the Gateway Center.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

Sulpicio C. Alaan III

Deputy City Clerk

 

ADJOURN- 8:30 p.m.

 

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