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CITY OF NEWPORT
MINUTES FOR A REGULAR COUNCIL MEETING
FEBRUARY 23, 2022
(Approved 4/13/2022)
The following items of business, filed with the City Clerk under the Rules of the Council, came before the Council via Zoom, at a meeting held in accordance with Governor McKee’s Executive Order 22-01 on February 23, 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
William Riccio, Director of Public Services, addressed the Council to answer questions. . Christian Belden, Church Community Housing Corporation, addressed the Council. COUNCILOR LEONARD moved to vote separately on each item in the application. There was no second to the motion. COUNCILOR LEONARD stated she is in support of funding for the King Senior Center, Dental Program and lead based paint but not in support of the McKinney Shelter.
COUNCILOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR BOVA and VOTED 6-1 with COUNCILOR LEONARD opposed.
There was no public comment.
COUNCILOR CEGLIE moved to close the public hearing and receive the Capital Improvement Program. Seconded by COUNCIL HOLDER and VOTED UNANIMOUSLY.
a. Special Events:
1. Elks Lodge, d/b/a Elk’s Lodge- various bands, 141 Pelham St.; 2/25/2022, 3/4/2022, 3/11/2022, 3/12/2022, 3/18/2022, 3/19/2022 and 3/25/2022 from 6:30 p.m. to 10:00 p.m.
2. Michelle Leys, d/b/a My Best Friend’s Closet Sale, Elks Lodge, 141 Pelham St., 4/28/2022 from 5:00 p.m. to 8:00 p.m., 4/29/2022 from 10:00 a.m. to 7:00 p.m., 4/30/2022 from 10:00 a.m. to 6:00 p.m. and 5/1/2022 from 10:00 a.m. to 3:00 p.m.
3. Preservation Society of Newport County, d/b/a :
a. The Newport Flower Show, Rosecliff, 548 Bellevue Ave., June 16-18, 2022 from 9:00 a.m. to 10:00 p.m.
b. Coaching Weekend Dinner Dance, The Breakers, 44 Ochre Point Ave., August 20, 2022 from 7:00 p.m. to 12:00 a.m.
REMOVED c. Newport Mansions Wine & Food Festival, Rosecliff; September 16 through 18, 2022 from 10:00 a.m. to 10:00 p.m.
COUNCILOR HOLDER. COUNCILOR stated there is another large event taking place the same weekend and asked if anyone from the Preservation Society was present. There was no representative present. COUNCILOR HOLDER moved to continue the application to March 9, 2022 and requested a representative present. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
d. Holiday Dinner Dance, The Breakers; December 17, 2022 from 7:00 p.m. to 12:00 a.m.
REMOVED 4. Fireworks Displays (8 permitted per calendar year)-
a. Deborah & Neal Shalom, d/b/a Shalom Wedding Fireworks, barge off of Belle Mer, 6-minute display June 18, 2022 beginning at 9:00 p.m. (sunset @ 8:22 p.m.)
b. Bailey’s Beach Club, d/b/a Bailey’s Beach Club Fireworks, 34 Ocean Ave., barge off Bailey’s Beach, 6-minute display, July 2, 2022 beginning at 9:15 p.m. (sunset @ 8:23 p.m.)
c. Stephen Soscia, Soscia-Lowery Wedding Fireworks, barge off Rosecliff Mansion; 6-minute display July 9, 2022 at 9:15 p.m. (sunset @ 8:21 p.m.) - continued from February 9, 2022
COUNCILOR LEONARD had questions regarding the number of displays for this calendar year and time of the displays. The City Clerk provided information regarding the fireworks displays. COUNCILOR CEGLIE moved to approve the applications. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
5. Bowen’s Wharf Co., d/b/a Newport Oyster & Chowder Festival, Bowen’s Wharf; May 21 & 22, 2022 from 11:00 a.m. to 6:00 p.m.
6. Safe Harbor Newport Shipyard, d/b/a Newport Charter Yacht Show, Newport Shipyard, 1 Washington St.; June 20-23, 2022 from 10:00 a.m. to 8:00 p.m.
7. Safe Harbor Newport Shipyard, d/b/a Safe Harbor Race Weekend, Newport Shipyard, 1 Washington St.; August 12, 2022 from 9:00 a.m. to 8:00 p.m., August 13, 2022 from 9:00 a.m. to 11:00 p.m. and August 14, 2022 from 9:00 a.m. to 6:00 p.m.
REMOVED b. Communication from Colleen Burns Jermain, re: FY 2022/2023 Draft Budget (Receive)
COUNCILOR BOVA thanked Colleen Burns Jermain for bringing the school’s budget to the Council much earlier and moved to receive. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOULSY.
COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of items 3(c), 4 and b. Seconded by COUNCILOR BOVA and VOTED UNANIMOULSY.
4. Victualing License, New, Mozz, LLC, d/b/a Mozz, 181 Bellevue Ave.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
5. Victualing License, New, Bellevue Boards, LLC, d/b/a Bellevue Boards, 84 Broadway
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
6. Victualing License, 1899, LLC, d/b/a Wally’s Wiener’s, 464-466 Thames St. (in conjunction with liquor license transfer of 1899, LLC)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
7. Victualing License, New, 1899, LLC, d/b/a Vanderbilt Room, 256 Maple Ave., (in conjunction with liquor license transfer of 1899, LLC)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
8. Mobile Food Establishment (MFEC/cart), Renewal- Newport Lobster Shack Group Cooperative, d/b/a Newport Lobster Shack, 150 Long Wharf, Newport, RI
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
9. 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 February 9, 2022
Derek Savas, Owner and applicant, addressed the Council to answer questions and provide details regarding the requested entertainment. Discussion occurred among the Council and Mr. Savas regarding the hours of entertainment until 1:00 a.m. COUNCILOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
10. Pawn Broker License, Renewal, Spindle City Pawnbrokers, Inc., d/b/a Fall River Pawn Brokers, 128 Broadway
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
11. Horse & Carriage License, Daily, New Deal Farm of Exeter, April 23, 2022 from 2:00 p.m. to 5:00 p.m. from The Chanler to Emmanuel Church (route attached)
COUNCILOR CEGLIE moved to approve the license subject to review by the police and fire department. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
Tree and Open Space Commission- Maureen Cronin Marosits (term expires – 03/27/2025)
MAYOR NAPOLITANO moved to reappoint Maureen Cronin Marosits to the Tree and Open Space Commission. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
13. Supporting House Bill 7350 regulating motorized scooters- J. Napolitano, K. Leonard, C. Holder
COUNCILOR LEONARD introduced the resolution and moved for its passage. Seconded by COUNCILOR CEGLIE. Discussion occurred among the Council and CITY SOLICITOR BEHAN. The motion to approve was VOTED UNANIMOUSLY.
14. Action Item #6043/22 – RE: CRMC File No. 2021-08-096 - Application of New York Yacht Club
COUNCILOR CEGLIE moved to approve the communication. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
15. Action Item #6044/22 – RE: Show Cause Hearing – Bishop’s Fourth Street Diner of Newport LLC, d/b/a Bishop’s Fourth Street Diner – 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
CITY SOLICITOR BEHAN addressed the Council with a recommendation. COUNCILOR MCCALLA voiced her concerns about the hearing. The CITY CLERK addressed the Council and explained the process for a show cause hearing. COUNCILOR MCCALLA moved to continue the application to March 9, 2022. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
16. Action Item #6045/22 – RE: Show Cause Hearing –K & K Food Mart, Inc., d/b/a K & K Food Mart– 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
CITY SOLICITOR BEHAN recommended the matter to be withdrawn due the applicant having come into compliance. COUNCILOR CEGLIE moved to dismiss the hearing. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
17. Action Item #6046/22 – RE: Show Cause Hearing –Muhamad Tariq Rashid, d/b/a 7-Eleven 25854-D, 135 JT Connell Hgwy. – 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
COUNCILOR CEGLIE moved to dismiss the hearing based on the applicant coming into compliance. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
18. Action Item #6047/22 – RE: Show Cause Hearing – Harvest, Inc., d/b/a Harvest, Inc. – 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
CITY SOLICITOR BEHAN addressed the Council and requested information from the applicant. Ian Martins, owner, addressed the Council regarding an issue he is having with fire department compliance. COUNCILOR CEGLIE moved to continue the hearing to March 23, 2022. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
19. Action Item #6048/22 – RE: Show Cause Hearing – Aramark Educational Services, LLC, d/b/a Aramark at Community College of RI – 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
COUNCILOR CEGLIE moved to dismiss the hearing based on the applicant coming into compliance. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE COMMISSIONERS
1. Class F-1 Daily Liquor Licenses, Preservation Society of Newport County, d/b/a:
a. The Newport Flower Show, Rosecliff, 548 Bellevue Ave., June 16-18, 2022 from 9:00 a.m. to 10:00 p.m.
b. Coaching Weekend Dinner Dance, The Breakers, 44 Ochre Point Ave., August 20, 2022 from 7:00 p.m. to 12:00 a.m.
c. Newport Mansions Wine & Food Festival, Rosecliff; September 16 through 18, 2022 from 10:00 a.m. to 10:00 p.m.
COMMISSIONER CEGLIE moved to continue the license. Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.
d. Holiday Dinner Dance, The Breakers; December 17, 2022 from 7:00 p.m. to 12:00 a.m.
COMMISSIONIER CEGLIE moved to approve the Consent Calendar in its entirety with the exception of item c. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
2. Application of 1899, LLC, d/b/a Racquets Pub & The Porch at Canfield, 5 Memorial Blvd., holder of a Class BV alcoholic beverage license, to transfer location to 1899, LLC, d/b/a Wally’s Wieners, at 464-466 Thames St.
CITY SOLICITOR BEHAN addressed the Board regarding the license transfer and history of 1899, LLC and the number of licenses the applicant owns. Discussion occurred among the Board and CITY SOLICITOR BEHAN. Hearing no public comment, COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
3. Application of 1899, LLC, d/b/a Wally’s Wieners, 464 Thames St., holder of Class BL alcoholic beverage license to transfer the location to 1899, LLC, d/b/a, Vanderbilt Room, at 256 Maple Ave.
CITY SOLICITOR BEHAN addressed the Board regarding the license transfer and history of 1899, LLC and the number of licenses the applicant owns. Discussion occurred among the Board and CITY SOLICITOR BEHAN. Hearing no public comment, COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
4. Action Item #6049/22 – RE: Show Cause Hearing: Mermaids Newport, LLC, d/b/a Poor Richard’s-Benjamin’s – Operating Without a Valid Class BV Alcoholic Beverage License
COMMISSIONER CEGLIE requested an update from CITY SOLITICOR BEHAN. The owner was not present. CITY SOLICITOR BEHAN recommended the matter be continued and the applicant must be present at the next meeting. MAYOR NAPOLITANO commented on the applicant being before the board numerous times and they have been more than fair. COMMISSIONER CEGLIE moved to continue the hearing to March 9, 2022, and stated the applicant must be present. Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.
Adjourn – 8:03 p.m.