CITY OF NEWPORT
JULY 27, 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 July 27, 2022, at 6:30 p.m. in the City Council Chambers, City Hall, 43 Broadway, Newport, RI 02840.
The CITY CLERK called the roll and the following members were present:
JEANNE MARIE NAPOLITANO KATHRYN E. LEONARD
CHARLIE HOLDER ELIZABETH FUERTE
JAMIE BOVA ANGELA MCCALLA
LYNN UNDERWOOD CEGLIE
Citizens’ Forum
a. Special Events:
1. Common Fence Music Co., d/b/a Newport Live- Dedicated Men of Zion/Gospel concert, Newport Congregational Church; July 30, 2022 from 7:00 p.m. to 9:00 p.m.
2. Friend of Music at St. John’s, d/b/a Music on the Lawn, St. John’s Church, 61 Washington St.; 8/2/22, 8/9/22, 8/16, 22, 8/23/22, and 8/30/22 from 6:00 p.m. to 8:30 p.m.
3. newportFILM, d/b/a newportFILM Outdoor Film Screenings, Eisenhower House/Fort Adams; August 11 and August 18, 2022 from 6:00 p.m. to 10:00 p.m.
REMOVED 4. Bike Newport, d/b/a 10 Spot Ride, 10 locations in Newport (list attached); August 27, 2022 from 11:00a.m. to 4:00 p.m.
COUNCILOR MCCALLA recused.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR LEONARD. COUNCILOR LEONARD had questions regarding the ride. Bari Freeman, Bike Newport, addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY (5-0).
5. Safe Harbor Newport Shipyard, d/b/a Newport Brokerage Boat Show, 1 Washington St.; September 15-18, 2022 from 10:00 a.m. to 5:00 p.m.
6. U.S. Naval War College, d/b/a Cardines Classic World War I era, Army vs. Navy Baseball Game, Cardines Field; September 16, 2022 from 3:00 p.m. to 10:00 p.m. (Rain date- September 30, 2022)
7. Communication from Sail Newport, re: Special Event License- Request to change to the date of Sail for Hope Regatta from September 10, 2022 to September 11, 2022
b. Holiday Selling License, New Owner, 7-Eleven, Inc., d/b/a 7-Eleven Store #25854K, 135 JT Connell Hwy
c. Communication from the Newport County Prevention Coalition, re: Requesting to post a banner in front of City Hall in honor of International Overdose Awareness Day on August 31 (Approve subject to details being worked out with city administration)
REMOVED d. Communication from Michael Rubin, Esq., re: City Council agenda: Smoke House Café encroachment on Scott’s Wharf right-of-way (Receive and refer to city administration for a recommendation)
COUNCILOR CEGLIE moved to receive and refer the recommendation to the City Administration for a recommendation. Seconded by COUNCILOR BOVA. Michael Rubin, Esq., addressed the Council regarding the communication. The motion to receive and refer was VOTED UNANIMOUSLY.
REMOVED e. Communication from Bowen’s Wharf Co, re: Results of the recent sustainability efforts in partnership with Clean Ocean Access at the Oyster & Chowder Festival (Receive)
COUNCILOR CEGLIE moved to receive the communication. Seconded by COUNCILOR BOVA. Adrienne Kruger, 106 Second St., addressed the Council on behalf of Bowens Wharf. Sean O’Connor, addressed the Council on behalf of the Energy and Environment Commission. The motion to receive was VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of items 1 a (4), d and e. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
2. Special Event License, Preservation Society of Newport County, d/b/a Late Summer Tea Series, The Chinese Tea House @ The Marble House, 8/5/, 8/6, 8/7, 8/12, 8/19, 8/20, 8/21, 8/26, 8/27, 8/28, 8/29 and 8/30, 2022 from 10:30 a.m. to 3:30 p.m.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR BOVA. John Russell, Esq., representing the Preservation Society, addressed the Council to answer questions regarding the event. The motion to approve was VOTED UNANIMOUSLY.
3. Annual Entertainment License, New, Class A (indoors), 1899 LLC, d/b/a Wally’s Wieners, 464 Thames St. to have indoor entertainment from 9:00 a.m. to 1:00 a.m. Sunday through Saturday (Second Hearing)- Conditions- Indoor entertainment permitted Mondays, Thursdays, Fridays and Saturdays from 4:00 p.m. to 10:00 p.m. and Sundays preceding a Monday holiday
There was no public comment. COUNCILOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
4. Victualing License, New, Hero Bowl, LLC, d/b/a Lucy’s Kitchen, 476 Thames St., Unit A
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
5. Victualing License, New Owner, 7-Eleven, Inc., d/b/a 7-Eleven Store #25854K, 135 JT Connell Highway
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
6. Requesting placement of a referendum on the ballot for the General Election on November 8, 2022 approving the Charter Review Commission’s suggested revisions (Continued from July 13, 2022)
- Memorandum from Christopher J. Behan, Esq., City Solicitor
MAYOR NAPOLITANO introduced the resolution and moved for its passage. Seconded by COUNCILOR CEGLIE. COUNCILOR CEGLIE moved to amend the resolution to state all approved items will be placed on the ballot separately. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY (6-0). COUNCILOR CEGLIE moved to approve the resolution with the exception of items 3, 4, 6, 11, 14, 16, 19, 22, 23, 26, 32, 34 and 35. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to approve item 3., Section 2-1, The Council. There was no second to the motion. Motion failed.
COUNCILOR CEGLIE moved to approve item 4. Section 2-2- Terms of Office. Seconded by COUNCILOR LEONARD.
Kate Jessup, 22 Stockholm St.
The motion failed 1-5 with COUNCILOR BOVA in favor and MAYOR NAPOLITANO, COUNCILOR LEONARD, COUNCILOR MCCALLA, COUNCILOR HOLDER and COUNCILOR CEGLIE opposed.
COUNCILOR CEGLIE moved to approve item 6. Section 2-5- Mayor; Presiding Officer. There was no second, the motion failed.
COUNCILOR CEGLIE moved to approve item 11. 2-18- Quorum; Procedure paragraph 1. The motion was approved 5-1 with COUNCILOR MCCALLA opposed.
COUNCILOR CEGLIE moved to approve item 11. 2-18- Quorum; Procedure, paragraph 2. The motion failed 1-5 with COUNCILOR MCCALLA in favor and MAYOR NAPOLITANO, COUNCILOR CEGLIE, COUNCILOR BOVA, COUNCILOR HOLDER and COUNCILOR LEONARD opposed.
COUNCILOR CEGLIE moved to approve item 14. Section 2-20 Introduction and passage of ordinances and resolutions. Seconded by COUNCILOR HOLDER. The motion failed 1-5 with COUNCILOR BOVA in favor.
COUNCILOR CEGLIE moved to approve item 16. Section 3-2- Nomination Petition; Signatures. Seconded by COUNCILOR LEONARD and VOTED 5-1 with COUNCILOR MCCALLA opposed.
COUNCILOR CEGLIE moved to approve item 19. Section 4-3- Board of Tax Appeals; Signatures. Seconded by COUNCILOR LEONARD. City Solicitor Behan addressed the Council regarding the recommendations from the Charter Review and proposed an additional amendment.
COUNCILOR CEGLIE moved to amend the resolution to add the board may appoint alternates if a member has to recuse or is not present. Seconded by COUNCILOR LEONARD. Discussion occurred among the Council regarding the proposed amendment. The motion failed with a 3-3 tie vote.
In favor Opposed
MAYOR NAPOLITANO COUNCILOR MCCALLA
COUNCILOR CEGLIE COUNCILOR BOVA
COUNCILOR HOLDER COUNCILOR LEONARD
COUNCILOR CEGLIE moved to approve item 22. Section 4-6- Canvassing Authority. Seconded by COUNCILOR LEONARD. CITY SOLICITOR BEHAN addressed the Council and proposed an amendment. COUNCILOR CEGLIE moved to approve the amendment suggested by Solicitor Behan. Seconded by COUNCILOR LEONARD and VOTED 5-1 with COUNCILOR MCCALLA opposed.
COUCNILOR CEGLIE moved to approve as amended. Seconded by COUNCILOR LEONARD and VOTED 5-1 with COUNCILOR MCCALLA opposed.
COUNCILOR CEGLIE moved to approve item 23. Section 4-7- Trust and Investment Commission. Seconded by COUNCILOR LEONARD. CITY SOLICITOR BEHAN addressed the Council and proposed an amendment. COUNCILOR CEGLIE moved to approve the amendment suggested by Solicitor Behan. Seconded by COUNCILOR LEONARD and VOTED 5-1 with COUNCILOR MCCALLA opposed.
COUCNILOR CEGLIE moved to approve as amended. Seconded by COUNCILOR LEONARD and VOTED 5-1 with COUNCILOR MCCALLA opposed.
COUNCILOR CEGLIE moved to approve item 26. Section 4-13-Public Hearings. Seconded by COUNCILOR BOVA. The motion failed 2-4 with COUNCILOR BOVA and COUNCILOR HOLDER in favor. MAYOR NAPOLITANO, COUNCILOR CEGLIE, COUNCILOR MCCALLA and COUNCILOR LEONARD opposed.
COUNCILOR CEGLIE moved to approve item 32. Section 6-4- Oath of Office. Seconded by COUNCILOR LEONARD and VOTED 5-1 with COUNCILOR MCCALLA opposed.
COUNCILOR CEGLIE moved to approve item 34. Section 9-1-Fiscal Year and Strategic Plan. Seconded by COUNCILOR BOVA. The motion failed 2-4 with COUNCILOR BOVA and COUNCILOR HOLDER in favor. MAYOR NAPOLITANO, COUNCILOR CEGLIE, COUNCILOR LEONARD and COUNCILOR MCCALLA opposed.
COUNCILOR CEGLIE moved to approve item 35. Section 9-19-Capital Improvement Program. Seconded by COUNCILOR BOVA. The motion failed 2-4 with COUNCILOR BOVA and COUNCILOR HOLDER in favor. MAYOR NAPOLITANO, COUNCILOR CEGLIE, COUNCILOR LEONARD and COUNCILOR MCCALLA opposed.
COUNCILOR CEGLIE moved to approve the resolution as amended. Seconded by COUNCILOR LEONARD and VOTED 5-1 with COUNCILOR MCCALLA opposed.
7. Amending Chapter 10.32 entitled Residential Parking Program, to amend Section 10.32.110 entitled Designated residential parking streets, to add George Street (Second reading)
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
8. Action Item #6090/22 – RE: Ordinance Change: Chapter 12.32.061 Public Tennis Courts and Running Tracks-Regulations (w/accompanying ordinance)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR BOVA. The following members from the public addressed the Council regarding the proposed changes:
Mona Barbera, 10 Dyers Gate
Kendra Muntner
Amy Michado, 12 Burdick Ave.
Lynn Eagles, 13 Poplar St.
Discussion occurred among the Council. COUNCILOR CEGLIE moved to amend the ordinance to exclude tennis courts from the restriction. Seconded by COUNCILOR LEONARD and VOTED unanimously. COUNCILOR CEGLIE moved to approve the ordinance as amended on first reading. Seconded by COUNCILOR BOVA 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 F1 Daily Liquor License, Oliver Hazard Perry Rhode Island, d/b/a Newport International Boat Show, Market Square, September 15-18, 2022 from 10:00 a.m. to 6:00 p.m.
2. Communication from Sail Newport, re: Class F1 Daily Liquor License-Change of date for the Sail for Hope Regatta from September 10, 2022 to September 11, 2022 (Approve)
COMMISSIONER CEGLIE moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER BOVA and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
Adjourn- 8:22 p.m.