CITY OF NEWPORT
MINUTES FOR A REGULAR COUNCIL MEETING
NOVEMBER 10, 2021
(Approved 01/12/2022)
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 on November 10, 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 | KATHRYN E. LEONARD |
| JEANNE-MARIE NAPOLITANO | LYNN UNDERWOOD CEGLIE |
| ELIZABETH FUERTE | |
CITIZENS’ FORUM:
Connie Bichoff, 31 Coddington Wharf
a. Minutes of the Council meetings held October 13, 2021 (Approve)
b. Special Events:
1) Christmas in Newport, Inc., d/b/a Christmas in Newport, various locations (list attached); December 1-31, 2021
- Request to waive police detail, license fees and park use fees for the event
2) St. Spyridon Greek Orthodox Church, d/b/a St. Spyridon Church- Christmas Bazaar, St. Spyridon Greek Orthodox Church, 390 Thames St.; December 4, 2021 from 9:00 a.m. to 5:00 p.m.
3) L & B Associates, LLC, d/b/a Stoneacre Garden - December Holiday Market, 151 Swinburne Row; 12/1, 12/4, 12/8, 12/11, 12/15, 12/18, 12/22, 12/29
c. Holiday Selling License, New, Newport Mercantile & Trading, LLC, d/b/a Virgin and Aged Olive Oil, 395 Thames St.
d. Holiday Selling License, New, Zurner Oceanic, LLC, d/b/a Zurner Oceanic, 40 Franklin St.
REMOVED e. Communication from Charles Allott, re: Resignation from the Zoning Board of Review (Receive with regret)
- Communication from Guy Weston, Zoning Officer
COUNCILOR CEGLIE moved to receive with regret and thanked Mr. Allott for his service. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
REMOVED f. Communication from Katherine Brandeis, re: Resignation from the Bicycle and Pedestrian Advisory Commission (Receive with regret)
COUNCILOR CEGLIE moved to receive with regret and thanks Ms. Brandeis for her service. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
g. Communication from John Hirschboeck, re: Requesting reappointment to the Cliff Walk Commission pursuant to Section 2.56.010-(C) of the Codified Ordinances (Receive)
h. 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 (Receive)
COUNCILOR CEGLIE moved to approve the Consent Calendar with the exceptions of e and f. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
2. Pedicab Business License, Renewal (May 1, 2022-April 30, 2024), Pirate Pedicab, LLC (David Cass), d/b/a Pirate Pedicab, 83 Vernon St., Providence, R.I. – (6 pedicabs)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
3. Victualing License, New,1899, LLC, d/b/a Wally’s Wieners, 464-466 Thames St. (In conjunction with liquor license transfer of Harry’s Newport Burger, LLC)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
4. Horse & Carriage License, Daily, New Deal Farm of Exeter, December 25, 2021 from 3:30 p.m. to 5:00 p.m. beginning at 95 Coggeshall Ave. (route attached)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
5. 2021-2022 Victualing License Renewals (list attached)
a) Non-liquor establishments
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
b) Non-liquor establishments- extended hours (2:00 a.m. to 6:00 p.m.)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
c) Liquor establishments
COUNCILOR CEGLIE moved to approve the license to table the Reef until the Board of License Commissioners. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
Planning Board – 1 vacancy (3-year term expires 10/31/2024)
Applicants:
| Christopher Daly | Kett Murphy |
| Tom Gibson | Amanda Ward |
| Derek Grinkin | Margaret Polski |
| William Lloyd | Julie Wright |
| Joseph Del Buono | Avery Robertson |
| Ian Ahern | Justin Smith |
| Nicole Shevory | |
MAYOR NAPOLTIANO moved to appoint Justin Smith. Seconded by COUNCILOR FUERTE. COUNCILOR MCCALLA stated there were other applicants more qualified and she didn’t support the nomination. The motion to approve was voted 5-2 with COUNCILOR MCCALLA and COUNCILOR BOVA opposed.
Zoning Board of Review:
1. Samuel Goldblatt (Chair)
2. David Riley (from alternate to full member- 5-year term expires 11/10/2026)
3. Susan Perkins (from second alternate to 1st alternate-indefinite term)
MAYOR NAPOLITANO moved to appoint Samuel Goldblatt as Chair, David Riley as full member and Susan Perkin as 1st alternate. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
Zoning Board of Review – (1 vacancy for 2nd alternate- indefinite term):
Applicants:
Nicole Shevory
Nigel Musgrave
MAYOR NAPOLITANO moved to appoint Nicole Shevory as 2nd alternate of the Zoning Board of Review. Seconded by COUNCILOR CEGLIE. COUNCILOR MCCALLA moved to continue the appointment. Seconded by COUNCILOR BOVA. The motion failed 3-4 with COUNCILOR FUERTE, COUNCILOR LEONARD, COUNCILOR CEGLIE and MAYOR NAPOLITANO opposed.
The motion to appoint Nicole Shevory was voted 4-3 with COUNCILOR HOLDER, COUNCILOR MCCALLA and COUNCILOR BOVA opposed.
Reappointments to the Planning Board
Anand Toprani (3-year term expires 10/31/2024)
Paul Marshall (3-year term expires 10/31/2024)
Kevin Michaud (3-year term expires 10/31/2024)
MAYOR NAPOLITANO moved to reappoint Anand Toprani, Paul Marshall and Kevin Michaud to the Planning Board. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
7. Establishing a Charter Review Commission- J. Napolitano, L. Ceglie, E. Fuerte- Continued from October 27, 2021
MAYOR NAPOLITANO introduced the resolution and moved for its passage. Seconded by COUNCILOR CEGLIE. COUNCILOR BOVA moved to amend the final resolve to change the public hearings from two to four. Seconded by COUNCILOR FUERTE. Discussion occurred among the Council regarding the amendment. The motion to approve the amendment was VOTED UNANIMOUSLY. MAYOR NAPOLITANO moved to adopt the resolution as amended. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
8. Redistricting of City Wards- A. McCalla, J. Bova
COUNCILOR MCCALLA introduced the resolution and moved for its passage. Seconded by COUNCILOR BOVA. Discussion occurred among the Council. CITY SOLICITOR BEHAN addressed the Council. Discussion continued among Council members regarding the process. Tracy Nelson, Canvassing Clerk, addressed the Council regarding the redistricting process. MAYOR NAPOLITANO moved to amend the resolution to require one public meeting occur during the daytime. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
MAYOR NAPOLITANO moved to approve the resolution as amended. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
9. Amending Chapter 17.52, entitled, “Limited Business District”, to amend Section 17.52.020- Use Regulations (Receive and refer to the Planning Board for a recommendation and order advertised for hearing)
10. Amending Chapter 17.56, entitled, “Waterfront Business District”, to amend17.56.020- Use Regulations (Receive and refer to the Planning Board for a recommendation and order advertised for hearing)
11. Amending Chapter 17.60, entitled, “General Business District”, to amend 17.60.020- Use Regulations (Receive and refer to the Planning Board for a recommendation and order advertised for hearing)
12. Amending Chapter 17.64, entitled, “Commercial Industrial District”, to amend 17.64.020 - Use Regulations (Receive and refer to the Planning Board for a recommendation and order advertised for hearing)
COUNCILOR CEGLIE moved to received items No. 9-12, refer to the Planning Board and order advertise for public hearing. Seconded by COUNCILOR BOVA and VOTED UNANIMOULSY.
13. Action Item #6016/21 – RE: Draft Community Choice Aggregation Plan (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR BOVA Patricia Reynolds, Planning Director, addressed the Council regarding the plan. Jamie Rhodes, Good Energy, LLP, addressed the Council regarding the plan. Discussion occurred among the Council and Mr. Rhodes. The motion to approve was voted 6-1 with COUNCILOR LEONARD opposed.
14. Action Item #6017/21 – RE: Amendment No. 3 - Engineering Services for Wellington Avenue Tide Gates (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR BOVA. COUNCILOR LEONARD thanked the staff for their efforts. Robert Schultz, Acting Utilities Director, addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY.
15. Action Item #6018/21 – RE: Award of Contract #22-012 - On-Call Professional Engineering Services - Hydraulic Modeling (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR BOVA. COUNCILOR MCCALLA had questions. Robert Schultz, Acting Utilities Director, addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY.
16. Action Item #6019/21 – RE: Award of Contract - RFP #21-003 - Parking Management Services (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR LEONARD. COUNCILOR LEONARD had questions regarding all bids received. The motion to approve was VOTED UNANIMOUSLY.
17. Action Item #6020/21 – RE: City of Newport and Newport Marriott Hotel- Parking Agreement-Amendment #6 (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
18. Action Item #6021/21 – RE: RIDEM 2022 Recreation Acquisition and Development Grant Application (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR FUERTE. Discussion occurred among the Council. William Riccio, Director of Public Services, addressed the Council. Discussion continued among the Council and Erik Reis, Recreation and Beach Administrator. COUNCILOR BOVA clarified it is necessary to receive the grant so the process for a plan can move forward. COUNCILOR BOVA further stated if the grant is received, the Council can require public hearings before the final plan is approved. The motion to approve was VOTED UNANIMOUSLY.
19. Action Item #6022/21 – RE: Award of Bid # 20-027(3) – Broadway Traffic Signal and Pedestrian Safety Improvements Project (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
1. Class F-1 Daily Liquor License, St. Spyridon Greek Orthodox Church, d/b/a St. Spyridon Church- Christmas Bazaar, St. Spyridon Greek Orthodox Church, 390 Thames St.; December 4, 2021 from 9:00 a.m. to 5:00 p.m.
COMMISSIONER CEGLIE moved to adopt the Consent Calendar. Seconded by COMMISSIONER FUERTE and VOTED UNANIMOUSLY.
2. Application of Harry’s Newport Burgers, LLC, d/b/a Harry’s Bar & Burger, 464-466 Thames St., holder of a Class BL alcoholic beverage license, to transfer ownership to 1899, LLC (Thames Capital Ventures, LLC- 51% and Aquidneck Holdings, LLC-49%), d/b/a Wally’s Wieners, for the same premises (Hearing)
3. 2021-2022 Liquor License Renewals (Hearing):
Old Battle Axe, Inc.
d/b/a Reef, The - Continued from October 27, 2021
West Howard Wharf
- Communication from Michael Rubin, Esq., re: Objection to the license renewal on behalf of Friends of the Waterfront
COMMISSIONER CEGLIE moved open the public hearing. Joshua Parks, Esq., addressed the Board on behalf of the applicant. CITY SOLICITOR BEHAN addressed the Board to recommend the licenses be approved but that no tables, chairs or other obstructions will be placed in the 18.24 square foot area at the western terminus.
COMMISSIONER CEGLIE moved to amend the license and add the restriction no tables, chairs or other obstructions will be placed in the disputed right of way described as 18.24 square foot at the western terminus. Seconded by COMMISSIONER BOVA and VOTED UNANIMOUSLY.
Michael Rubin, Esq., addressed the Council on behalf of the Friends of the Waterfront. COMMISSIONER CEGLIE moved to close the public hearing and approve the license.
LIQUOR CLASS BH
Cliffside Inn LLC
d/b/a Cliffside Inn
at 2 Seaview Ave.
Forty 1 North LLC
d/b/a 41 Degrees North
at 351 Thames St. 14, 16, 20 Perry Mill Wharf
Viking Tenant LLC
d/b/a Hotel Viking
at 1 Bellevue Ave.
LIQUOR CLASS BL
Nick’s Fine Foods, Inc.
d/b/a Nikolas Pizza
38 Memorial Blvd.
LIQUOR CLASS BT
Newport North Hotel Property, LLC
d/b/a Wayfinder, The
151 Admiral Kalbfus Rd.
Vanderbilt Hotel, LLC
d/b/a Vanderbilt, The
41 Mary St.
LIQUOR CLASS BV
Belle Mer, Inc.
d/b/a Belle Mer
2 Goat Island
Diego’s Newport, LLC
d/b/a Diego’s
11 Bowen’s Wharf
Wharf Pub Newport, LLC
d/b/a Wharf Pub, The
37 Bowen’s Wharf
LIQUOR CLASS D
Thames St. Int’l Yacht & Athletic Club
d/b/a Thames Street International Yacht & Athletic Club
536 Thames Street
COMMISSIONER CEGLIE moved to close the public hearing and approve the license renewals. Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.
COMMISSIONER CEGLIE moved to adjourn as Board of License Commissioners and reconvene as Council. Seconded by COMMISSIONER FUERTE and VOTED UNANIMOUSLY.
Victualing License Renewal:
Old Battle Axe, Inc., d/b/a Reef, The West Howard Wharf * *
COUNCILOR CEGLIE moved to approve the license with the restriction no tables, chairs or other obstructions will be placed in the disputed right of way described as 18.24 square foot at the western terminus.
Laura C. Swistak
City Clerk
Adjourn – 8:45 p.m.
* Revised- 11/04/2021
Victualing Renewals (non-liquor)
| DBA | Ownership | Address |
| |
| ------------------------------------------------------------------------------------------------------------------------------------------------------- | ||||
| | | | |
|
| A-1 Pizza of Newport | MMKJR, Inc. | 306 | Broadway |
|
| Aramark at Community College of RI | Aramark Educational Services, LLC | 1 | John H. Chafee Blvd. |
|
| Ash Mart | Ash Mart Inc | 2 | Carroll Ave. |
|
| Bamboo | Bamboo Restaurant Inc. | 163 | Connell Hwy Unit G |
|
| Bishop's Fourth Street Diner | Bishop's Fourth Street Diner of Newport LLC | 184 | Admiral Kalbfus Rd |
|
| Coffee Guy, The | Coffee Guy, LLC, The | 7 | Carroll Ave. |
|
| Curryland | Corp | 163 | JT Connell Hwy |
|
| Knot Norms Catering Co. | Knot Norms Newport LLC | 515 | Thames St. |
|
| Lobster Roll Heaven/Il Forno Italiano | LRH LLC | 372 | Thames St. |
|
| Mel's Lunch | Mel's Lunch, Inc. | 25 | Broadway |
|
| Newport Sticks & Cones - Waffles & Ice | V & Z LLC | 8 | Fair St. Unit 3-4 |
|
| Nitro Bar, The | Nitro Cart, LLC, The | 2 | Pond Ave. |
|
| Nitro Bar, The | Nitro Cart, LLC, The | 404 | Thames St. |
|
| Provencal Bakery | Michael Joseph Nardolillo, Inc. | 311 | Broadway |
|
| Scratch Kitchen & Catering | Scratch LLC. | 88 | Broadway |
|
Victualing Renewals - Extended Hours (between the hours of 2:00 a.m. – 6:00 a.m.)
| DBA | Ownership | DBA Street |
| |
| ------------------------------------------------------------------------------------------------------------------------------------------------------- | ||||
| Cumberland Farms #1150 | Cumberland Farms, Inc. | 125 | Broadway |
|
Victualing Renewals for LIQUOR Establishments
| DBA | Ownership | Address | |
| ------------------------------------------------------------------------------------------------------------------------------------------------------- | |||
| Belle Mer | Belle Mer, Inc. | 2 | Goat Island |
| Diego's | Diego's Newport, LLC | 11 | Bowen's Wharf |
| Nikolas Pizza | Nick's Fine Foods, Inc. | 38 Memorial Blvd West | |
| Reef, The | Old Battle Axe, Inc., | West Howard Wharf * *Continued from October 27, 2021 | |
| Vanderbilt, The | Vanderbilt Hotel, LLC | 41 | Mary St. |
| Wayfinder, The | Newport North Hotel Property LLC | 151 | Admiral Kalbfus Rd. |
| Wharf Pub, The | Wharf Pub Newport, LLC | 37 | Bowen's Wharf |