CITY OF NEWPORT

MINUTES FOR A REGULAR COUNCIL MEETING

APRIL 27, 2022

(Approved 5/25/22)

 

The following items of business, filed with the City Clerk under the Rules of the Council, will come before the Council at a meeting to be held on April 27, 2022 at 6:30 p.m. in the City Council Chambers, City Hall, 43 Broadway, Newport, RI 02840.  Meeting viewing and participation is also available via Web Ex: Join link: https://cityofnewportmeet.webex.com/cityofnewportmeet/j.php?MTID=m69a8e3911ed6aed0bbf15243e4bc23a0  Webinar number: 2630 832 3037

                    Webinar password:  meet (6338 from phones) Join by phone 1-844-621-3956 United States Toll Free  Access code: 263 083 23037

 

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

 

JAMIE BOVA

ANGELA MCCALLA

CHARLIE HOLDER

JEANNE-MARIE NAPOLITANO

LYNN UNDERWOOD CEGLIE

KATHRYN E. LEONARD

ELIZABETH FUERTE

 

 

CITIZENS’ FORUM

Tyler Romeo, 11 1/2 Newport Ave.

 

1.   PUBLIC HEARING- Proposed amendments to the Zoning Ordinance

 

William Conley, Esq., on behalf of the Local Advisory Group, addressed the Council regarding the proposed amendments.

 

Aida Neary, Bayview Ave., addressed the Council in support of the amendments.

 

COUNCILOR CEGLIE moved to close the public hearing.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

a.         Recommendation from the Planning Board;

 

COUNCILOR CEGLIE moved to receive the recommendations from the Planning Board.      Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.

 

b.         Amending Section 17.08 entitled Definitions”(First Reading);

 

CITY SOLICITOR BEHAN addressed the Council and proposed two amendments to Section 17.08, the definition of Community Benefit Agreement.

 

COUNCILOR CEGLIE moved to amend the ordinance by adding additional language to the definition of “Community Benefit Agreement”.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

COUNCILOR CEGLIE moved to approve the ordinance as amended.  Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.

 

c.         Amending Section 17.65 entitled, “Innovation Hub” (First Reading);

 

COUNCILOR CEGLIE moved to approve the ordinance on first reading.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

d.         Amending Section 17.66 entitled, “Innovation Hub Floating Overlay Zone” (First Reading)

 

COUNCILOR CEGLIE moved to approve the ordinance on first reading.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

2.   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.   Church Community Housing Corporation, d/b/a A Gathering for Ukraine, Washington Square and the Colony House; May 15, 2022 from 2:00 p.m. to 4:30 p.m.

 

REMOVED 2.  Bike Newport, d/b/a Bike to Work Day, City Hall front lawn; May 20, 2022 from 6:00 a.m. to 9:00 a.m. and 4:30 p.m. to 5:30 p.m.

 

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

 

REMOVED 3.  Bike Newport, d/b/a Elliot’s Ride for Everyone, beginning and ending at Rogers High School (route attached); May 21, 2022 from 9:00 a.m. to 11:00 a.m.

 

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

 

4.   Clagett Sailing, d/b/a “Come Float Our Boats” Party:  Auction/Fundraiser, Ida Lewis Yacht Club; May 21, 2022 from 6:30 p.m. to 9:00 p.m.

 

5.   Elmwall Associates, LLC, d/b/a Summer Concert Series, Shops at Long Wharf, various dates beginning May 28, 2022 through October 8, 2022 from 1:00 p.m. to 5:00 p.m. (list attached)

 

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

 

REMOVED 6.  Bike Newport, d/b/a Bike Barn Opening, 20 Sunset Blvd.; June 4, 2022 from 10:00 a.m. to 1:00 p.m.

 

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

 

7.   Belmont Chapel Foundation, d/b/a Belmont Chapel Foundation Race Day, Island Cemetery; June 11, 2022 from 4:30 p.m. to 7:30 p.m.

 

8.   Safe Harbor Newport Shipyard, d/b/a Newport Bermuda Race Crew Party, Safe Harbor Newport Shipyard, 1 Washington St.; June 15, 2022 from 6:00 p.m. to 8:00 p.m.

 

9.   Trinity Episcopal Church, d/b/a Strawberry Festival, Trinity Church; June 18, 2022 from 11:00 a.m. to 5:00 p.m.

 

10. Clean Ocean Access, d/b/a Paddle for Access, Safe Harbor Newport Shipyard/Newport Harbor; August 20, 2022 from 7:00 a.m. to 11:00 a.m. (Rain date- August 21, 2022)

 

11. Special Event License, Salve Regina University, d/b/a Salve Regina University Car Parade, May 7, 2022 from 11:00 a.m. to 1:00 p.m.- Continued from April 13, 2022- cancelled

 

b.      Holiday Selling License, New, Debra Condin, d/b/a The Refill, 42 Spring St. #5

 

c.      Holiday Selling License, New, Willas LLC, d/b/a Willas, 429 Thames St.

 

d.      Bicycle Agency Rental, Renewal, Newport Outfitters, Inc., d/b/a Ten Speed Spokes, 18 Elm St.

 

e.      Second-hand License Renewal, Newport Outfitters, Inc., d/b/a Ten Speed Spokes, 18 Elm St.

 

f.       Holiday Selling License, Renewals, (list attached)

 

REMOVED g.  Communication from the Bicycle and Pedestrian Advisory Commission, re:  City’s bike paths and walkways (Receive)

 

COUNCILOR CEGLIE moved to receive the communication.  Seconded by COUNCILOR BOVA.  MAYOR NAPOLITANO questioned who will be responsible for maintaining and cleaning the bike bath.  The motion to receive was VOTED UNANIMOUSLY.

 

h.      Communication from the Planning Board, re:  Planning Board Review and Comment- Capital Improvement Program, FY 2023- FY2027 (Receive)

 

i.       Communication from Christopher L. Shaw, re:  Resignation from the Energy and Environment Commission (Receive with regret)

 

REMOVED j.   Communication from Thomas Shelvin, Communications Officer, re:  Newport Language Access Plan (Receive)

 

Thomas Shelvin, Communications Officer, addressed the Council to answer questions and provide details on the plan.  COUNCILOR CEGLIE moved to receive the communication.  Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.

 

COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of items a(2), a(3), a(6), g and j.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

      LICENSES AND PERMITS

 

3.      Special Event License, Lucy’s Hearth, d/b/a Pickleball Fundraiser Tournament, Rogers High School Tennis Courts; June 25, 2022 from 8:00 a.m. to noon (rain date June 26, 2022)

 

         -Request to waive park use fees

 

COUNCILOR CEGLIE moved to approve the license and refer the fee waiver request to the City Manager.  Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.

 

4.      Special Event License, Bruce Spitzer, d/b/a Classic Car Parade, Streets of Newport/two phases/route attached; July 16, 2022 10:00 a.m. and 12:30 p.m.

 

COUNCILOR CEGLIE moved to approve the license.  Seconded by COUNCILOR FUERTE.  Bruce Spitzer, applicant, addressed the Council to answer questions.  The motion to approve was VOTED UNANIMOUSLY.

 

5.      Mobile Food Establishment Truck, (MFET- 2 available), New, Sunset Beach Aquaculture, LLC (Joseph Pinheiro), d/b/a Sunset Beach Aquaculture, 161 Beacon Ave., Jamestown, RI

 

MAYOR NAPOLITANO moved to continue the application to May 11, 2022 to give the Assistant City Solicitor time to review the matter.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

6.      Sidewalk Café License, Renewals:

 

a.   22 Washington Sq. Inc., d/b/a Bar Cino, 22-24 Washington Sq.

b.   Stone Soup, LLC, d/b/a Caleb and Broad, 162 Broadway

c.   Fitzsimoes, LLC, d/b/a Corner Café, 110 Broadway

d.   Fastnet, Inc., d/b/a Fastnet, The, 1-3 Broadway

e.   Carpe Noctem, LLC, d/b/a Fifth Element, The, 107-111 Broadway

f.    Monkey Business, LLC, d/b/a Hungry Monkey, The, 124 Broadway

g.   Leos Market, LLC, d/b/a Leos Market, 162 Broadway

h.   Leinster, Inc. d/b/a Malt, 150-154 Broadway

i.    Nick’s Fine Foods, Inc., d/b/a Nikolas Pizza, 38 Memorial Blvd. West

j.    Howley Bread, d/b/a Panera Bread, Long Wharf Mall

k.   Parlor, LLC, d/b/a Parlor Bar  & Kitchen, 200 Broadway

l.    MBK, LLC, d/b/a Pour Judgement, 32 Broadway

m.  Restaurant Bouchard, Inc., d/b/a Restaurant Bouchard & Revolving Door, 505-509 Thames St.

n.   BKA Industries, Inc., d/b/a Scales & Shells, 527 Thames St.

o.   Scratch, LLC, d/b/a Scratch, 88 Broadway

p.   Kale Stems, LLC, d/b/a Stoneacre, 28-30 Washington Sq.

q.   Broadway Tavern, LTD, Tavern on Broadway, 16-18 Broadway

 

COUNCILOR CEGLIE moved to approve all sidewalk café license renewals, items 6(a) through 6(p).  Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

 

7.      Victualing License, New, Newport Ice Cream Shoppes, LLC, d/b/a Serendipity Sundaes, 225 Goddard Row

 

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

 

8.      Victualing License, New, Coastal Cones, LLC, Ben and Jerry’s, 33 Bannisters Wharf

 

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

 

9.      Victualing License, New, Coastal Cones, LLC, d/b/a Ben and Jerry’s, 359 Thames St.  

 

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

 

10.    Entertainment License, Expansion, Class A (indoors), L & B Associates, LLC, d/b/a Stoneacre Garden, 151 Swinburne Row Sunday through Tuesday from 11:00 a.m. to 10:00 p.m., Wednesday and Thursday from 11:00 a.m. to midnight and Friday and Saturday from 11:00 a.m. to 1:00 a.m. (Current restriction- Subject to garage doors to be closed during entertainment) (Hearing)

 

Christopher Bender, applicant, addressed the Council regarding the proposed entertainment expansion.  COUNCILOR CEGLIE moved to close the public hearing and approve.  Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.

 

11. 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 District Commission, Energy and Environment Commission)

 

Appointments:

Canvassing Authority- Maxine Shavers (6 year term expires 3/1/2028)

 

MAYOR NAPOLITANO moved to reappoint Maxine Shavers to the Canvassing Authority for an amended term ending 3/1/2026.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

RESOLUTIONS

 

12.    Requesting regulations for Storer Park to prohibit certain activities- K. Leonard, J. Napolitano

 

COUNCILOR LEONARD introduced the resolution and moved for its passage.  Seconded by MAYOR NAPOLITANO.  Discussion occurred among the Council.  COUNCILOR LEONARD moved to amend the resolution include all city parks.  Seconded by COUNCILOR FUERTE.  MAYOR NAPOLITANO moved to amend the resolution by adding the matter be referred to the Tree and Open Space Commission to hold a public workshop.  Seconded by COUNCILOR MCCALLA.  COUNCILOR MCCALLA moved to amend the resolution by deleting the words desirable and undesirable.   Seconded by COUNCILOR BOVA.   The motions to approve the three amendments was VOTED UNANIMOUSLY.

 

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

 

ORDINANCES

 

13.    Amending Chapter, 2.56 entitled, Boards and Commissions, to amend Section 2.56.010 entitled “General Provisions” (Second Reading)

 

COUNCILOR CEGLIE moved to approve the ordinance on second reading.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

COMMUNICATIONS FROM THE CITY MANAGER

 

14.    Action Item #6069/22 – RE:   Award of Contract - 22-027 - New 20 ft. Side Access Dry Storage Containers  (w/accompanying resolution)

 

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

 

15.    Action Item #6070/22 – RE:   Award of Contract - Seagrave Model TT06CT Marauder 100 ft 250 bl Tractor Drawn Aerial Truck - HGAC Cooperative Purchasing Agreement  (w/accompanying resolution)

 

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR FUERTE.  Humphrey Donnelly, Fire Chief, addressed the Council regarding the new truck.  The motion was  VOTED UNANIMOUSLY.

 

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

 

BOARD OF LICENSE COMMISSIONERS

CONSENT CALENDAR

 

1.      Class F Daily Liquor Licenses, Clean Ocean Access, d/b/a Paddle For Access, Safe Harbor Newport Shipyard, 1 Washington St.; August 20, 2022 (Rain Date- August 21, 2022)

 

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

 

Laura C. Swistak

City Clerk

 

 

Adjourn- 8:17 p.m.

 

 

Holiday Selling Renewals

 

d/b/a

Owner

Address

Bodhi Spa, The

Bodhi Spa LLC, The

654 Thames St.

Bowen's Wharf

Bowen's Wharf Co., Inc.

45 Americas Cup Ave.
    Information Booth

Charlotte Kellogg

Palm Beach Apparel Group, Inc.

184 Bellevue Ave.

Go Wireless

Go Wireless, Inc.

199 Connell Hwy, Space C

Ten Speed Spokes

Newport Outfitters, Inc.

18 Elm St.

Wagon Wheel

Wagon Wheel Inc.

246 Thames St.

Wagon Wheel

Daniel Eges

125 Swinburne Row

 

 

 

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