CITY OF NEWPORT

MINUTES FOR A REGULAR COUNCIL MEETING

FEBRUARY 9, 2022

(Approved 3/9/2022)

 

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The following items of business, filed with the City Clerk under the Rules of the Council, came before the Council at a meeting held in accordance with Governor McKee’s Executive Order 22-01 on February 9, 2022 at 6:30 p.m.

 

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

 

ADDED ITEM- COMMUNICATIONS AND PETITIONS

 

-     Communication from Colleen Burns Jermain, Ed. D, Superintendent of Schools, re:  Request for approval to move forward with Stage I application to RIDE

 

COUNCILOR CEGLIE moved to add the communication to the docket as item No. 12(A) and to combine items No. 10 & 12.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

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 Council meetings held January 12, 2022 (Approve)

 

b.         Special Events:

 

1.         Fireworks Display- Stephen Soscia, Soscia-Lowery Wedding Fireworks, Barge off Rosecliff Mansion; July 9, 2022 at 9:15 p.m. (6-minute display)

 

COUNCILOR Leonard moved to continue the application to the next meeting and requested more information.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

c.         2021 Annual Reports (Receive)

 

1.         Newport Housing Authority

 

COUNCILOR MCCALLA had questions regarding the revenue and trash collection.  CITY SOLCIITOR BEHAN responded with information regarding prior litigation.  COUNCILOR MCCALLA moved to receive the report.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

d.         Private Detective License, Renewal, Ryan P. McCormack, d/b/a Coastal Investigation Group, LLC, 9 Waites Wharf, Unit 2

 

e.         Capital Improvement Program FY 2023-FY2027(Receive and order advertised for public hearing on February 23, 2022) - A copy is available in the City Clerk’s Office and on the city’s website:  www.cityofnewport.com/city-hall/departments/finance/budgets-cafrs-cips-annual-performance-reports/cips

 

COUNCILOR CEGLIE moved to receive and order advertised for public hearing.  Seconded by COUNCILOR BOVA.  Discussion occurred among the Council and CITY MANAGER NICHOLSON regarding the planning document. 

 

COUNCILOR MCCALLA moved to receive the refer the CIP to the Planning Board for a recommendation.  Seconded by COUNCILOR BOVA and voted 5-2 with COUNCILOR CEGLIE and MAYOR NAPOLITANO opposed.

 

COUNCILOR CEGLIE moved to adopt the Consent Calendar in its entirety with the exception of items b (1), c (1) and e.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

LICENSES AND PERMITS

 

2.         Victualing License Expansion, The Wharf Pub Newport, LLC, d/b/a The Wharf Pub, 37 Bowen’s Wharf to expand the licensed premise into the second and third floors of the building adding 16 tables and 75 chairs

 

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

 

3.         Farmers Market License, Aquidneck Grower’s Market, d/b/a Aquidneck Community Table, 151 Swinburne Row; Saturdays from February 19, 2022 through April 30, 2022 from 9:00 a.m. to 12:00 p.m.

 

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

 

4.         Mobile Food Establishment (MFEC/cart), Renewal- Newport Chowder Company, LLC, d/b/a Newport Chowder Company, 10 Pell St., Newport, RI

 

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

 

5.         Annual Entertainment License, New (Class A-indoor), Carpe Noctem Restaurant, LLC, d/b/a Fifth Element, The, 107-111 Broadway to have indoor entertainment from 11:00 a.m. to 1:00 a.m. Sunday through Saturday (Hearing)- continued from January 26, 2022

 

Kevin Callahan, Ayrault St. and Mark Healy, addressed the Council with concerns regarding the entertainment license.  COUNCILOR CEGLIE moved to close the public hearing and continue the application to February 23, 2022.  Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.

 

6.   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:

 

Affirmative Action Commission - (3-year term expires 2/9/25) Joan Johnson- Freese

 

MAYOR NAPOLITANO moved to appoint Joan Johnson-Freese to the Affirmative Action Commission.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

Energy and Environment Commission – 1 vacancy (3- year term expiring 2/9/25) Emily Conklin

 

MAYOR NAPOLITANO moved to appoint Emily Conklin to the Energy and Environment Commission.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

Beach Commission - 3 vacancies (3-year term expiring 2/9/2025) Mark Fitzgerald 

 

MAYOR NAPOLITANO moved to appoint Mark Fitzgerald to the Beach Commission.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

Bicycle and Pedestrian Advisory Commission - 3 vacancies- (5-year term expires 2/9/27) Jo Ann Smith

 

MAYOR NAPOLITANO moved to appoint Jo Ann Smith to the Bicycle and Pedestrian Advisory Commission.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

Planning Board - 1 vacancy (filling term expiring 10/31/22) Ian Ahern, Richard Cromwell, Christopher Daly, Joseph Del Buono, Bart Lloyd, Margaret Polski, Avery Robertson, Nicole Shevory, Brian Shull, Julie Wright

 

MAYOR NAPOLITANO moved to appoint Margaret Polski to the Planning Board.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

Historic District Commission - 1 vacancy (Alternate) (3-year term expiring 2/9/2024) Deanna Amorello, Kristan Cassidy, Mark Fitzgerald, Dale Nelson, Brian Shull

 

MAYOR NAPOLITANO moved to appoint Deanna Amorello to the Historic District Commission.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

RESOLUTIONS

 

7.         Honoring former Mayor David Gordon- J. Napolitano, K. Leonard, L. Ceglie, C. Holder, E. Fuerte

 

MAYOR NAPOLITANO read the resolution into the record Honoring former Mayor David Gordon and moved for its adoption.  Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

 

8.         Aquidneck Island Earth Week- J. Bova, A. McCalla

 

COUNCILOR BOVA introduced the resolution and moved for its passage.  Discussion occurred among the Council.  The motion to adopt the resolution was VOTED UNANIMOUSLY.

 

ORDINANCES

 

9.         Amending Chapter 12.28, entitled, “City Harbor”, to amend Section 12.28.076 entitled, “Forfeiture of mooring permit” (Second Reading)

 

COUNCILOR CEGLIE moved to adopt the ordinance on second reading.  Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

 

COMMUNICATIONS AND PETITIONS

 

10.       Communication from School Building Committee Co-Chairs Rebecca Bolan and Louisa Boatwright, re:  School Building Funding Request

 

Moved to be heard with item 12 (a). 

 

11.       Communication from Girard Galvin, Esq., Assistant City Solicitor, re: Portsmouth Tax Appeal Litigation

 

COUNCILOR CEGLIE moved to receive the communication.  Seconded by COUNCILOR BOVA.  CITY SOLICITOR BEHAN addressed the Council regarding the communication.  The motion to receive was VOTED UNANIMOUSLY.

 

COMMUNICATIONS FROM THE CITY MANAGER

 

12.       Action Item #6038/22 – RE:   School Bonds and Possible Bond Premiums (w/accompanying resolution)

 

10.       Communication from School Building Committee Co-Chairs Rebecca Bolan and Louisa Boatwright, re:  School Building Funding Request

 

COUNCILOR CEGLIE moved to approve the accompanying resolution.  Seconded by COUNCILOR BOVA.  COUNCILOR HOLDER requested a continuance for items No. 12 & 10.   Seconded by COUNCILOR LEONARD.  Discussion occurred among the Council and CITY SOLICITOR BEHAN.   The vote on the motion to continue the action item was voted 5-2 with COUNCILOR CEGLIE and COUNCILOR BOVA opposed.  The action item will be continued to a Special Meeting on February 16, 2022

 

ADDED ITEM-

 

12. (a)     Communication from Colleen Burns Jermain, Ed. D, Superintendent of Schools, re: Request for approval to move forward with Stage I application to RIDE

 

COUNCILOR CEGLIE moved to approve the Stage I application submittal.  Seconded by COUNCILOR BOVA.  Joseph DeSanti, Downes Construction, provided a presentation regarding the Stage 1 application.  Discussion occurred among the Council and Superintendent Jermain.  The motion to approve was VOTED UNANIMOUSLY.

 

13.       Action Item #6039/22 – RE:  Supplemental Agreement #5 – RFP#19-007/18-CLG-3 – Newport City Hall Condition Assessment (w/accompanying resolution)

 

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR BOVA.  William Riccio, Director of Public Services, addressed the Council regarding the project.  The motion to approve was VOTED UNANIMOUSLY.

 

14.       Action Item #6040/22 – RE:   RIDOT Subrecipient Agreement for Safe Routes to School (SRTS) Hillside Avenue Sidewalks and Traffic Calming Improvements from Bedlow Avenue to Maple Avenue (w/accompanying resolution)

 

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution.  Seconded by MAYOR NAPOLITANO.   Discussion occurred among COUNCILOR MCCALLA and COUNCILOR LEONARD with William Riccio, Director of Public Services. 

 

15.       Action Item #6041/22 – RE:   Award of Contract #071619-CPLSouthwell – Freebody LED Sports Lighting Replacement (w/accompanying resolution)

 

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

 

CONSENT CALENDAR

 

1.         Daily Liquor Licenses, Class F,  Portsmouth Track Club, d/b/a Newport     Rhode Races Marathon, Half Marathon & 5K, April 16, 2022 from 9:00 a.m. to 2:00 p.m.

 

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

 

LICENSES AND PERMITS

           

2.         Application of The Wharf Pub, LLC, d/b/a The Wharf Pub, 37 Bowen’s Wharf, holder of a Class BV alcoholic beverage license, to expand the licensed premises into the second and third floors adding 16 tables and 75 chairs (Hearing)

 

David Martland, Esq., addressed the Board on behalf of the application.  COMMISSIONER CEGLIE moved to close the public hearing and approve the license.  Seconded by COMMISSIONER BOVA and VOTED UNANIMOUSLY.

 

Laura C. Swistak

City Clerk

 

Adjourn – 8:35 p.m.

 

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