CITY OF NEWPORT

MIINUTES FOR THE REGULAR COUNCIL MEETING

MARCH 24, 2021

(Approved 4/28/21)

 

The following items of business, filed with the City Clerk under the Rules of the Council, came before the Council at a meeting to be held in accordance with former Governor McKee’s Executive Order 21-30 on March 24, 2021 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

JEANNE-MARIE NAPOLITANO

ELIZABETH FUERTE

KATHRYN E. LEONARD

 

 

CITIZENS’ FORUM:

 

Bonnie Watson, 44 Catherine St.

John Hirschboech, Gibbs Ave.

 

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.   Minutes of the meetings held February 10, 2021, February 11, 2021 and February 24, 2021 (Approve)

 

b.   Special Events:

 

REMOVED  1)  Bowen’s Wharf Co., d/b/a Newport Oyster & Chowder Festival, Bowen’s Wharf; from May 21, 2021 from 5:00 p.m. to 9:00 p.m. and May 22-23, 2021 9:00 a.m. to 8:00 p.m.

 

COUNCILOR LEONARD moved to approve the license.  Seconded by COUNCILOR CEGLIE.  COUNCILOR LEONARD had questions regarding the liquor license and the proceeds from the event.  Adrienne Krueger, Bowen’s Wharf Co. addressed the Council to answer questions.  Discussion occurred among the Council and Ms. Krueger.  The motion to approve was VOTED UNANIMOUSLY.

 

2)   Safe Harbor Newport Shipyard, d/b/a Newport Charter Yacht Show, Safe Harbor Newport Shipyard; June 21-24, 2021 from 10:00 a.m. to 8:00 p.m. daily

 

3)   International Tennis Hall of Fame, d/b/a Hall of Fame Open, International Tennis Hall of Fame; July 11-18, 2021 from 10:00 a.m. to 6:00 p.m.

 

REMOVED  4)  Fireworks Display, Stephanie Forese, Ochre Court, 100 Ochre Point Ave. (display launched from the lawn of Ochre Court);  September 18, 2021 from 9:00 p.m. to 9:05 p.m.

 

COUNCILOR LEONARD had questions regarding the display and raised concerns regarding the location of the display.   COUNCILOR CEGLIE moved to approve the license.  Seconded by COUNCILOR BOVA.  Discussion occurred among the Council regarding fireworks displays.  CITY SOLICITOR BEHAN addressed the Council.  Bonnie Watson, 44 Catherine St. addressed the Council opposing fireworks.  The motion to approve the license was voted 6-1 with COUNCILOR LEONARD opposed. 

 

c.   Holiday Selling License, New, Cutie Curls, LLC, d/b/a Cutie Curls Boutique, 12 Long Wharf Mall

 

d.   Holiday Selling License, New, Tina Stephens Group, LLC, d/b/a Tina Stephens, 43 Long Wharf Mall, Unit 5

 

e.   2021-2022 Holiday Selling License, Renewals (list attached)

 

f.    2021-2022 Second-hand License Renewals (list attached)

 

REMOVED  g.   Communication from the Newport Planning Board and the Newport Waterfront Commission, re:  Proposed Dock at 80 Washington Street (Receive)

 

COUNCILOR LEONARD moved to receive the communication.  Seconded by COUNCILOR CEGLIE.  CITY SOLICIOTOR BEHAN addressed the Council regarding the process.  Patricia Reynolds, Director of Planning, addressed the Council regarding the communication.   The motion to receive was VOTED UNANIMOUSLY.

 

COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of item b (1), b (4) and g.  Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.

 

LICENSES AND PERMITS

 

2.   Special Event License, Rhode Races & Events, Inc., d/b/a Newport Rhode Races (route attached); Easton’s Beach; May 22, 2021 from 7:30 a.m. to 1:30 p.m.

 

COUNCILOR CEGLIE moved to approve the application subject to the conditions of the R.I. Department of Business Regulation at the time of the race.  Seconded by MAYOR NAPOLITANO.   COUNCILOR LEONARD had questions.

 

3.   Victualing License, Renewal, Ducket’s Inc., d/b/a Colonial Restaurant, 175 Memorial Blvd.

 

COUNCILOR CEGLIE moved to approve the application subject to the conditions of the R.I. Department of Business Regulation at the time of the race.  Seconded by MAYOR NAPOLITANO.   COUNCILOR LEONARD had questions.

 

4.   Victualing License, Renewal, Kaffeology, Inc., d/b/a Kaffeology, 359 Thames St.

 

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

 

5.   Victualing License, Renewal, Karma Pizza, Co., d/b/a Karma Pizza, 446 Thames St.

 

COUNCILOR CEGLIE moved to approve the license.  Seconded by COUNCILOR LEONARD.  COUNCILOR LEONARD had a question regarding the show cause.  CITY SOLICITOR BEHAN addressed the Council regarding the applicant’s status.  The motion to approve was VOTED UNANIMOUSLY.

 

6.   Mobile Food Establishment, (MFET):

a)   Dumb Luck, LLC, d/b/a Pierogitory, 1 Cedar Tree Lane, Coventry, RI

 

COUNCILOR CEGLIE moved to approve the license.  Seconded by COUNCILOR FUERTE.  COUNCILOR LEONARD had questions regarding the number of available licenses.  The motion to approve was VOTED UNANIMOUSLY.

 

b)   Castaway Gourmet, LLC, d/b/a Castaway Gourmet, 60 Selina Lane, Portsmouth, RI

 

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

 

7.   Pedicab Business License, Renewal, James R. Brown, III, d/b/a New England Pedicab, 4 South Edgewood Rd., Niantic, CT (2 pedicabs- May 1, 2021-April 30, 2023)

 

COUNCILOR CEGLIE moved to approve.  Seconded by COUNCILOR FUERTE.  COUNCILOR LEONARD had questions regarding the number of licenses and the safety issues.  James R. Brown, III, addressed the Council and stated he does not travel on Ocean Drive and stays in the downtown area.  The motion to approve was VOTED UNANIMOUSLY.

 

8.   Farmer’s Market License, Aquidneck Community Table, d/b/a Aquidneck Grower’s Market, Memorial Blvd. at Chapel St.; Wednesday’s beginnings May 19, 2021 through October 27, 2021 from 2:00 p.m. to 6:00 p.m.

 

COUNCILOR CEGLIE moved to approve the license.  Seconded COUNCILOR FUERTE.  COUNCILOR CEGLIE had questions regarding the location of the market.  Bevan Lindsey addressed the Council to answer questions regarding finding a new location.  Bonnie Watson, addressed the Council regarding the market on Memorial Blvd.  The motion to approve was voted 6-1 with COUNCILOR CEGLIE opposed. 

 

9.   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

 

Newport Prevention Coalition- Council Liaison - Elizabeth Fuerte

 

MAYOR NAPOLITANO moved to appoint Elizabeth Fuerte as Council Liaison to the Newport Prevention Coalition.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

Henderson Home Commission – William Serth

 

MAYOR NAPOLITANO moved to appoint William Serth to the Henderson Home Commission.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.     

 

RESOLUTIONS

 

10. Opposing the proposed increase in the real estate transfer tax – K. Leonard

 

COUNCILOR LEONARD introduced the resolution and moved for its passage.  Seconded by MAYOR NAPOLITANO.  COUNCILOR LEONARD moved to amend the resolution to include sending the resolution to the R.I. League of Cities and Towns to review the impact.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.  COUNCILOR CEGLIE moved to adopt the resolution as amended.  Seconded by COUNCILOR LEONOARD and VOTED UNANIMOUSLY.

 

11. Requesting the City Council, Planning Department and Planning Board work together to develop fairness of outcomes or equity into the Comprehensive Land Use Plan - L. Ceglie, J. Napolitano, E. Fuerte, C. Holder

 

COUNCILOR CEGLIE introduced the resolution and moved for its passage.  Seconded by MAYOR NAPOLITANO.  Discussion occurred among the Council.  COUNCILOR FUERTE introduced the following amendments to the resolution:

 

Amendment No. 1- Moved to change “most fair” to equitable in the first Whereas.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

Amendment No. 2- Moved to change “fairness” in the seventh Whereas to “equal”.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

Amendment No. 3- Moved to amend the first Resolve by changing the first sentence to: The City Council, Planning Department, Planning Board and members of the community to work together to develop precise language on equity.  Seconded by COUNCILOR BOVA.  Discussion occurred among the Council.    MAYOR NAPOLITANO moved to amend the resolution to remove “members of the community” and add “Ad-Hoc Committee”.  Seconded by COUNCILOR LEONARD.  Discussion continued regarding the amendments.  The motion to amend was VOTED 4-3 with COUNCILOR BOVA, COUNCILOR MCCALLA and COUNCILOR HOLDER opposed.

 

CITY SOLICITOR BEHAN addressed the Council regarding the resolution.

 

Amendment No. 4- Change fairness to equity in the last Resolved.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

The following members from the public addressed the Council:

 

Jennifer Jackson, Dexter St.

Katherine Behan, 92 Bliss Rd.

Aida Neary, Bayview Ave.

Rex Lebeau, 9 Brewer St.

 

MAYOR NAPOLITANO moved to approve the resolution as amended.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

12. Requesting the City to enter into an agreement with Bike Newport and The Newport Housing Authority to operate a Children’s Bike Trail in Miantonomi Park - L. Ceglie

 

COUNCILOR CEGLIE introduced the resolution and moved for its passage.  Seconded by CONCILOR FUERTE.  Discussion occurred among the Council.  Bari Freeman addressed the Council from BikeNewport.  The motion to adopt the resolution was VOTED UNANIMOUSLY.

 

ORDINANCES

 

13. Amending Chapter 10.32 of the Codified Ordinances, entitled, Residential Parking Program, to amend Section 10.32.100 entitled “Designated residential parking district” to add Annandale Road (First Reading)

 

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

 

COMMUNICATIONS FROM THE CITY MANAGER

 

14. Action Item #5965/21 – RE:   Show Cause Hearing – Karma Pizza Co., LLC, d/b/a Karma Pizza – Violation of the General Laws of Rhode Island and Codified Ordinances of the City of Newport - Failure to Meet the Conditions of the City Council in Granting of Victualing License (Continued from March 10, 2021)

 

COUNCILOR CEGLIE moved to withdraw the hearing at the request of the City Administration.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY

 

15. Action Item #5966/21 – RE: Award of Bid #21-027 - Construction Equipment & Operator at Easton’s Beach   (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 LEONARD and VOTED UNANIMOUSLY.

 

BOARD OF LICENSE COMMISSIONERS

 

CONSENT CALENDAR

 

1.   Communication from Morenau & Murphy, re: Requesting permission on behalf of Conanicut Marine Services, Inc. holder of Class G Liquor License, to serve alcoholic beverages on board The Jamestown, The MV Katherine and the Coastal Queen  (Approve)

 

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

 

LICENSES AND PERMITS

 

2.   Application of Shiva Corp., d/b/a Downtown Liquors, Cottons Court, holder of a Class A alcoholic beverage license, to transfer the location to 202 Thames St. (Hearing)

 

COMMISSIONER CEGLIE moved to close the public hearing and approve the license.  Seconded by COMMISSINER LEONARD and VOTED UNANIIOUSLY.

 

3.   2021 Class A Liquor Store Sunday Selling License Renewals:

a)   KRG Enterprises, Inc., d/b/a Bridge Liquors, 23 Connell Highway

b)   Newport Prescription Center, Inc., d/b/a Island Wine & Spirits, 287, 291 Broadway & Portion of 289 Broadway

c)   New Newport Liquor LLC, d/b/a Point Wine & Spirits, 3 Thames St.

 

COMMISSIONER CEGLIE moved to approve the licenses.  Seconded by COMMISSINER LEONARD and VOTED UNANIMOUSLY.

 

4.   Action Item #5958/21 – RE:  Show Cause Hearing:  Mermaids Newport, LLC, d/b/a Poor Richard’s-Benjamin’s –Operating Without a Valid Class BV Alcoholic Beverage License (continued from February 10, 2021)

 

COMMISSIONER CEGLIE moved to dismiss the hearing.  Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.

 

5.   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 February 10, 2021)

 

COMMISSIONER CEGLIE moved to continue the hearing to May 12, 2021.  Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.

 

6.   Action Item #5961/21 – RE:  Show Cause Hearing:  Pyramid Club, d/b/a Pyramid Club – Operating Without a Valid Class D Alcoholic Beverage License (continued from February 10, 2021)

 

COMMISSIONER CEGLIE moved to dismiss the hearing.  Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.

 

Laura C. Swistak

City Clerk

ADJOURN- 9:30

 

Holiday Selling Renewals

D/B/A

Organization Name

Number on

Street Address

7 Eleven 25854 - D

Muhamad Tariq Rashid

135

JT Connell Highway

7-Eleven #23880C

Muhamad Tariq Rashid

29

Memorial Blvd.

7-Eleven Store #32508J

7-Eleven, Inc.

95

Broadway

Anchored in Pink

Anchored in Pink, LLC

471

Thames Street

Birch Alley

B. Adams Interiors, LLC

580

Thames St. #102

Bodhi Spa, The

Bodhi Spa LLC, The

654

Thames St.

Bohemian Bias

Bohemian Bias LLC

154

Mill St.

Broadway Mini Mart

Broadway Mini Mart Corp.

316

Broadway

Go Wireless

Go Wireless, Inc.

199

Connell Hwy, Space C

Gurney's Newport

GINRI Assets LLC

1

Goat Island

Resort & Spa

 

 

 

House of Scrimshaw and

Gregory Jordan and Andrew Borer

132

Thames St.

Gifts

 

 

 

J. H. Breakell & Co.

Wonderwall Design Group, LLC

132

Spring St.

JD Convenience

Shivam Inc.

202

Thames St.

Jos. A. Bank Clothiers

Men's Wearhouse, Inc., The

21

Long Wharf

Just Ducky Newport*

Anastasia Livingstone

8

Fair St., Unit #2*

*Change of D/B/A

 

 

*Change of Location

Kay Jewelers #2899

Sterling Inc.

199

Connell Highway Unit 7A

Lotus

Sonam LLC

411

Thames St. Unit # 4

Mattress Firm

Mattress Firm, Inc.

199

Connell Hwy.

Minnie & Nora

Ann Kiker

42

Franklin St.

Natural Creations

Natural Creations, LLC

540

Thames Street

New Store, The

Gregory Jordan and Andrew Borer

101

Swinburne Row

Newport Bay Club and Hotel

Newport Bay Club and Hotel

337

Thames St.- Perry Mill

Newport Hardware

Nagle Group, Inc.

1

Casino Terrace

Newport Jerky Company

Newport Jerky Company LLC

123

Swinburne Row

Newport Marriott Hotel

Marriott Hotel Services, Inc.

25

Americas Cup Ave.

Newport Scrimshanders

Brian J. Kiracofe

14

Bowens Wharf

Newports Best Tee Shirts, Sweatshirts, Souvenirs

Gregory Jordan and Andrew Borer

107

Swinburne Row

Port of Paws

Port of Paws LLC                      433

 

Thames St.*

 

 

 

*Change of Location

Ranew Salon & Spa

Ranew Salon & Spa, Inc.

580

Thames St.

Roughan McCarthy

Roughan McCarthy, LLC

135

Spring St.

Royal Male

Royal Male, LTD

104

Spring St.

Royal Male

Royal Male, LTD

18

Bannisters Wharf

Sail Loft

Evansco, Inc.

18

Bowens Wharf

Saltzman's Watches

Saltzman's Watches & More, Inc.

117

Swinburne Row*

 

 

 

*Change of Location

Sea Bags, LLC

Sea Bags, LLC

25

Bowen's Wharf

Sea Rose Cottage

Nancy Chace

223

Spring St.

Souvenir Stop II, The

Gregory Jordan and Andrew Borer

359

Thames St. Unit F2

Souvenir Stop, The

Gregory Jordan and Andrew Borer

115

Swinburne Row

Spice & Tea Exchange

Spice of Life-Management LLC

192

Thames St. #B

of Newport, The

 

 

 

Stop & Shop #701

Stop & Shop Supermarket Company, LLC, The

250

Bellevue Ave.

Style Newport

Style Newport, LLC

491

Thames St.*

 

 

 

*Change of Location

T Shirt Town

Gregory Jordan and Andrew Borer

182

Thames St. Unit B

Thames Street Shirt

Thames Street Shirt Co.

410

Thames St.

Company

 

 

 

The Salty Babe

JB Hopkins LLC

391

Thames St.

Three Golden Apples

Three Golden Apples, LLC

140

Bellevue Ave.

Tibet in-port

Sonam LLC

411

Thames St. Unit #1

U-Haul Co. of Rhode

U-Haul Co. of Rhode Island

111

Connell Highway

Island

 

 

 

Wal-Mart Store #2885

Wal-Mart Stores East, LP

199

Connell Highway

Wish Newport

Upon A Star LLC

80

Thames St.

 

Second Hand Renewals

D/B/A

Owner                                   

Address

 

 

 

 

 

Newport

Brian J. Kiracofe

14

Bowens Wharf

Scrimshanders

 

 

 

Roughan McCarthy

Roughan McCarthy, LLC

135

Spring St.

Sea Rose Cottage

Nancy Chace

223

Spring Street

Wish Newport

Upon A Star LLC

80

Thames St.

 

 

 

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