CITY OF NEWPORT
MINUTES FOR A REGULAR COUNCIL MEETING
DECEMBER 8, 2021
(Approved 1/26/2022)
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 December 8, 2021 at 6:30 p.m., City Hall, Council Chambers, 43 Broadway, Newport, RI
The CITY CLERK called the roll, and the following members were present:
| JAMIE BOVA | ANGELA MCCALLA |
| CHARLIE HOLDER | JEANNE-MARIE NAPOLITANO |
| LYNN UNDERWOOD CEGLIE | |
| ELIZABETH FUERTE | |
ABSENT
KATHRYN E. LEONARD
CITIZENS’ FORUM:
Nancy Custin, 32 Parker Ave
Proclamation honoring William A. Hanley, II, Building Official
Proclamation honoring Brian T. Dugan, Fire Chief
MAYOR NAPOLITANO read the proclamations into the record honoring William A. Hanley, II, Building Official and Brian T. Dugan, Fire Chief on their retirements.
Recognizing the Rogers High School Girls Volleyball Team- Division II State Champions
Sophie Breitenbach, Kathryn Margolis, Mia Finn, Amelia Prendergast, Katelyn Serth, Khatima Bulmer, Jessica Russell, Camilla May, Danaysha Cherry, Hannah Reilly, Freya McCreath, Sophia Rey
Head Coach: Erin McGloin Assistant Coach: Jacob Hatch
MAYOR NAPOLITANO presented certificates to the Rogers High School Girls Volleyball Team honoring them achievement as Division II State Champions.
COUNCILOR CEGLIE moved to open the public hearing. No members from the public addressed the Council. COUNCILOR CEGLIE moved to close the public hearing. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
a. Recommendation from the Planning Board;
b. Ordinances amending Title 17:
1. 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 FUERTE and VOTED UNANIMOUSLY.
2. 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 FUERTE and VOTED UNANIMOUSLY.
3. 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 FUERTE and VOTED UNANIMOUSLY.
4. 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 FUERTE and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE opened the public hearing. The following members from the public addressed the Council:
Sean O’Connor, 2 Tyler St.
Jennifer Jackson, 37 Dudley Ave.
Jamie Rhodes, Good Energy, LP, addressed the Council regarding the Community Choice Aggregation Plan. Discussion occurred among the Council members and Mr. Rhodes.
COUNCILOR CEGLIE moved to close the public hearing and approve the accompanying resolution. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
a. Minutes of the Council meetings held October 27, 2021 (Approve)
b. Special Events:
1) L and B Associates, LLC, d/b/a Stoneacre Garden- Valentine’s Holiday Market, 151 Swinburne Row; 1/8/22, 1/15/22, 1/22/22, 1/29/22, 2/5/22, 2/12/22 from 9:00 a.m. to 1:00 p.m.
2) Newport Art Museum/Newport Art Association, d/b/a Opening Reception- Biennial, 76 Bellevue Ave.; January 7, 2022 from 5:00 p.m. to 7:00 p.m.
3) Newport Art Museum/Newport Art Museum, d/b/a Newport Art Museum Winter Speaker Series 2022, 76 Bellevue Ave.; 1/29/22, 2/5/22, 2/12/22, 2/19/22, 2/26/22, 3/5/22 from 2:00 p.m. to 4:00 p.m.
4) Newport Art Museum/Newport Art Association, d/b/a Opening Reception- Call & Response + Collection Show, 76 Bellevue Ave.; February 10, 2022 from 5:00 p.m. to 7:00 p.m.
5) Clann Lir Association Irish Dance, d/b/a Clann Lir Association Newport Feis, 1 Goat Island; February 26-27, 2022 from 9:00 a.m. to 5:00 p.m.
6) Newport Festivals Foundation, Inc., d/b/a Newport Folk Festival, Fort Adams State Park; July 22, 23 & 24, 2022 from 11:00 a.m. to 7:30 p.m.
7) Newport Festivals Foundation, Inc., d/b/a Newport Jazz Festival, Fort Adams State Park; July 29, 30 and 31, 2022 from 11:00 a.m. to 7:30 p.m.
c. Tattoo License Renewal-Owner/Operator, Bret Lohnes, d/b/a Captain Bret’s Tattoo Shop Inc, 4 Collins St. Unit 4A
d. Tattoo License Renewal- Owner/Operator, David Bennett, d/b/a Sitting Bull Tattoo LLC, 136 A Thames St.
e. Arcade License, Renewal, Ryan Family Amusements, Inc., d/b/a Ryan Family Amusements, 268 Thames St. (49 machines)
f. Pool Table License, Renewals:
a) Friendly Sons of Newport, 3-5 Farewell St., Newport, RI (1 table)
b) Atlas Vending Inc., 1106 North Main St., Providence, RI (1table)
c) The Protective Club, 596 Thames St., Newport, RI (1 table)
d) Fastnet Inc., 1 Broadway, Newport, RI (1 table)
g. Holiday Selling, License, Renewal, Island Pursuit, Inc., d/b/a Island Pursuit, 364 Thames St.
REMOVED h. Communication from Richard Haggis, re: Resignation from the Planning Board (Receive with regret)
COUNCILOR CEGLIE moved to receive the communication with regret. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
REMOVED i. Communication from Margaret Caswell, re: Resignation from the Beach Commission (Receive with regret)
COUNCILOR CEGLIE moved to receive the communication with regret. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
REMOVED j. Communication from Elizabeth W. Rochefort, Principal Architectural Historian, R.I. Historical Preservation & Heritage Commission, re: National Register of Historic Places nomination for the Newport National Historic Landmark District – Revised (Receive)
COUNCILOR CEGLIE moved to receive the communication. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
k. Actuarial Valuation Reports: Police & Fire Pension Systems and Post Employment Benefit Plan as of July 1, 2021 (Receive)
COUNCILOR CEGLIE moved to adopt the Consent Calendar in its entirety with the exception of items h, i and j. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
4. Special Event License, Audrain Automobile Museum, Inc., d/b/a Audrain Newport Concours & Motor Week, various locations throughout the city (list attached); September 29, 2022- October 2, 2022
- Request to close Bellevue Avenue between Bowery St. and William St. from 11:00 a.m. to 2:00 p.m. on October 1, 2022
- Request permission to use golf carts
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER. John Boxer, Audrain Automobile Museum, Inc. addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY.
5. 2021-2022 Victualing License Renewals:
a) FitzSimoes, LLC, d/b/a Corner Café, The, 110 Broadway #3A
b) Peaceable Market, LLC, d/b/a Peaceable Market, 520 Thames St.
c) Karma Pizza, LLC, d/b/a Karm Pizza Co., 446 Thames St.
COUNCILOR CEGLIE moved to approve the licenses for Corner Café, Peaceable Market and Karma Pizza. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
Appointments
Charter Review Commission - Maureen Cronin Marosits, John Trifero, Bari Freeman, Susan Taylor, Michael Rego, Guy Weston, Stephanie Smyth
MAYOR NAPOLITANO moved to appoint Maureen Cronin Marosits. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY (6-0).
COUNCILOR CEGLIE moved to appoint John Trifero. Seconded by MAYOR NAPOLITANO and VOTED UNANIMOUSLY (6-0).
COUNCILOR BOVA moved to appoint Bari Freeman. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY (5-0). COUNCILOR MCCALLA recused.
COUNCILOR FUERTE moved to appoint Susan Taylor. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOULSY (6-0).
COUNCILOR HOLDER moved to appoint Michael Rego. Seconded by COUNILOR CEGLIE and VOTED UNANIMOUSLY (6-0).
MAYOR NAPOLITANO moved to appoint Guy Weston (on behalf of Councilor Leonard who was not present). Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY (6-0).
COUNCILOR MCCALLA moved to appoint Stephanie Smyth. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY (6-0).
Canvassing Authority (1 vacancy to fill term expiring 3/1/2022 resulting from the resignation of David Roderick) – Sharon Connors, Holly Fisher, Aida Neary, Thomas Sullivan, Robert Vitello
MAYOR NAPOLITANO moved appoint Sharon Connors to the Canvassing Authority. Seconded by COUNCILOR FUERTE and VOTED UNANIIMOUSLY.
Newport Beach Commission – Parker Sizeland (three-year term expires 4/11/2024)
MAYOR NAPOLITANO moved to appoint Parker Sizeland to the Newport Beach Commission. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
Reappointments
Cliff Walk Commission - John Hirschboeck (five-year term expires 11/1/2026) pursuant to Section 2.56.010- Boards and Commissions, Item C, of the Codified Ordinances
MAYOR NAPOLITANO moved to reappoint John Hirschboeck to the Cliff Walk Commission. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
Beach Commission – Richard Klaffky (three-year term expires 11/14/2024)
MAYOR NAPOLITANO moved to reappoint Richard Klaffky to the Cliff Walk Commission. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
7. 2022 City Council regular meeting schedule
COUNCILOR CEGLIE moved to adopt the resolution. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
8. North End Zoning Amendments- A. McCalla, J. Bova
COUNCILOR MCCALLA introduced the resolution and moved for its passage. Seconded by COUNCILOR BOVA. Discussion occurred among the Council. Patricia Reynolds, Director of Planning, addressed the Council regarding when the Planning Board will review the recommendations. Discussion occurred among the Council regarding Bishop’s Diner and Colbea Enterprises regarding proposed development in the North End. CITY SOLICITOR BEHAN addressed the Council. The following members from the public addressed the Council:
Julie Maraziti, Bridgeview Condominiums
Phyllis Mulligan
Pauline Moye
Jennifer Jackson, Dexter St.
COUNCILOR CEGLIE moved to remove the third and fourth whereas. Seconded by MAYOR NAPOLITANO and VOTED UNANIMOUSLY. MAYOR NAPOLITANO moved to adopt the resolution as amended. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
9. Amending Chapter 5.46. of the Codified Ordinances, entitled, “Farmers’ Market, to amend Section 5.46.060 entitled, “Conditions” (First Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on first reading. Seconded by COUNCILOR BOVA. COUNCILOR BOVA had questions regarding the need the for the amendment. The motion to approve was VOTED UNANIMOUSLY.
10. Action Item #6024/21 – RE: Ordinance Revision10.24.010. – Parking Prohibited at All Times in Designated Places – Tews Court, East Side, from Old Beach Road to Dead End (w/accompanying ordinance)
COUNCILOR CEGLIE moved to receive the communication and adopt the ordinance on first reading. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
11. Action Item #6025/21 – RE: Ordinance Revision 10.24.010. - Parking Prohibited at All Times in Designated Places – Newport Avenue, North Side, 195 Feet West of Warner Street, Extending 27 Feet West (w/accompanying ordinance)
COUNCILOR CEGLIE moved to receive the communication and adopt the ordinance on first reading. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
12. Action Item #6026/21 – RE: Change Order 1 & 2 - 21-034 West Marlborough Street Storm Drain Improvements (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR BOVA. Robert Schultz, Director of Utilities, addressed the Council regarding the change order. The motion to receive and approve was VOTED UNANIMOUSLY.
13. Action Item #6027/21 – RE: Award of Contract - 22-012 On-Call, Engineering Services – Drainage System Investigation & Flooding Analysis - Prescott Hall Watershed (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR FUERTE. The following members from the public addressed the Council regarding flooding concerns in the Prescott Hall neighborhood:
Kenneth Riley, 37 Prescott Hall Rd.
Maureen Zeigler, 32 Prescott Hall Rd.
Barbara Biastre, 24 Butler St.
Dylan Roy, 81 Halsey St.
Maureen Riley, 37 Prescott Hall Rd.
Mara Griffin, 79 Garfield St.
John Dember, 32 Halsey St.
David Horowitz, 55 Garfield St.
Adam Biastre, 22 Butler St.
Discussion occurred among the Council. Robert Schultz, Director of Utilities, addressed the Council regarding the resident concerns. The motion to approve was VOTED UNANIMSOULY.
14. Action Item #6028/21 – RE: Award of Contract - 22-012 On-Call Engineering Services - Rules & Regulations Update Water and Water Pollution Control Divisions (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
15. Action Item #6029/21 – RE: National Grid Petitions – New Poles and Anchors: 1-Leroy Avenue and 2-Ruggles Avenue
COUNCILOR CDEGLIE moved to receive the communication and approve. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
1. Class F Daily Liquor Licenses:
a. Newport Art Museum/Newport Art Association, d/b/a Opening Reception- Biennial, 76 Bellevue Ave.; January 7, 2022 from 5:00 p.m. to 7:00 p.m.
b. Newport Art Museum/Newport Art Association, d/b/a Opening Reception- Call & Response + Collection Show, 76 Bellevue Ave.; February 10, 2022 from 5:00 p.m. to 7:00 p.m.
c. Newport Festivals Foundation, Inc., d/b/a Newport Folk Festival, Fort Adams State Park; July 21, 22, 23 & 24, 2022 from 12:00 p.m. to 6:00 p.m.
d. Newport Festivals Foundation, Inc., d/b/a Newport Jazz Festival, Fort Adams State Park; July 28, 29, 30 and 31, 2022 from 12:00 a.m. to 6:30 p.m.
COMMISSIONER CEGLIE moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER BOVA and VOTED UNANIMOUSLY.
2. 2021-2022 Liquor License Renewals (Hearing):
COMMISSIONER CEGLIE moved to open public hearing.
MAYOR NAPOLITANO moved to close the public hearing and approve the license renewals for Protective Club and Pyramid Club. Seconded by COMMISSIONER FUERTE and VOTED UNANIMOUSLY.
LIQUOR CLASS D
Protective Club, d/b/a Protective Club, 596 Thames St.
Pyramid Club, d/b/a Pyramid Club, 32 Dr. Marcus Wheatland Blvd.
Laura C. Swistak
City Clerk
(Adjourn- 9:32 p.m.)
COMMISSIONER CEGLIE moved to adjourn as Board of License Commissioners and reconvene as Council pursuant to Rhode Island General Laws, Section 42-46-1, as amended, and in accordance with Section 42-46-5 Purposes for Which Meeting May be Closed, “(a) (2) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining to collective bargaining or litigation.”
The City Council will discuss in Executive Session issues relating to negotiations for Collective Bargaining Agreements with 1) Local 1080, International Association of Firefighters, AFL-CIO (“IAFF”) and 2) Lodge No. 8, Fraternal Order of Police (“FOP”) and in addition, issues relating to the currently pending opioid litigation. Seconded by COMMISSIONER FUERTE and VOTED UNANIMOUSLY.