CITY OF NEWPORT
MINUTES FOR A REGULAR COUNCIL MEETING
MARCH 9, 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 at a meeting held 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 | KATHYRN E. LEONARD |
| CHARLIE HOLDER | ELIZABETH FUERTE |
| JAMIE BOVA | ANGELA MCCALLA |
| LYNN UNDERWOOD CEGLIE | |
CITIZENS’ FORUM:
CITY SOLICITOR BEHAN addressed the Council regarding the ordinance amendments. Discussion occurred among the Council regarding the proposed amendments. CITY MANAGER NICHOLSON addressed the Council to respond to questions from the Council. The following members from the public addressed the Council:
Tim Harrington, 4 Lakeview Ave.
Penelope Hunt, 15 Dartmouth St.
Leppy McCarthy, 72 Warner St.
Brandon Pico, 52-54 Marchant St.
Barton Fiske, 8 Franklin St.
Mary Ellen Atkins, 24 Lucas Ave.
COUNCILOR CEGLIE moved to close the public hearing. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
a. Recommendation from the Planning Board;
COUNCILOR BOVA moved to receive the recommendation form the Planning Board. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
b. Ordinance amending Chapter 17.08.010 entitled, “Definitions” to add “Short term rental or short term rentals” (First Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on first reading. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
c. Ordinance amending Chapter 17.16 entitled, R-3 Residential District, 17.20, entitled, R-10 Residential, 17.28 entitled, R-20 Residential District, 17.32 entitled, R-40 Residential District and & 17.52 entitled “Limited Business District” (First Reading)
COUNCILOR CEGLIE moved to amend sections 17.16, 17.20, 17.28, 17.32, & 17.52. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
a. Minutes of the meetings held January 26, 2022, February 9, 2022 and February 16, 2022 (Approve)
b. Special Events:
1. Audrain Automobile Museum, Inc., d/b/a 8th Annual Newport Daffodil Parade, beginning at Easton’s Beach and ending at Fort Adams State Park (route attached); April 24, 2022 from 8:00 a.m. to 10:00 a.m.
2. L and B Associates, LLC, d/b/a Stoneacre Garden-2nd Annual Stoneacre Charity Dog Show, 151 Swinburne Row; May 1, 2022 from 10:00 a.m. to 4:00 p.m. (Rain date- May 7, 2022)
3. The Sailing Museum & National Sailing Hall of Fame, d/b/a Ribbon Cutting Ceremony @ The Sailing Museum, 365 Thames St.; May 6, 2022 from 10:30 a.m. to 12:00 p.m.
4. Star Kids Scholarship Program, d/b/a The Stars Are Out Tonight-Fundraiser, Ochre Court; May 14, 2022 from 6:00 p.m. to 10:00 p.m.
5. Cystic Fibrosis Foundation MA-RI Chapter, d/b/a Great Strides Walk to support Cystic Fibrosis Foundation, Brenton Point State Park; May 14, 2022 6:30 a.m. to 1:30 p.m.(walk begins at 11:00 a.m.)
6. Jesus Savior Church, d/b/a Summer Bazaar, 1 Vernon Ave.; July 28, 29 & 30, 2022 from 5:00 p.m. to 11:00 p.m.
c. Food Concession License, Jesus Saviour Church, d/b/a Holy Ghost Feast, 15 Fenner Ave.; June 5, 2022 from 10:00 a.m. to 6:00 p.m.
d. Food Concession License, Jesus Saviour Church, d/b/a Summer Bazaar, 1 Vernon Ave.; July 28, 29 & 30, 2022 from 5:00 p.m. to 11:00 p.m.
e. Bingo License, Jesus Saviour Church, 1 Vernon Ave.; July 28, 29 & 30 from 5:00 p.m. to 11:00 p.m.
f. 2022 Holiday Selling License Renewals (list attached)
g. 2022 Second-hand License Renewals (list attached)
h. Communication from Dennis P. Sullivan, re: Request to post signs for the St. Patrick’s Day Parade advising against underage drinking (Approve subject to details being worked out with city administration)
i. Communication from Laura L. Sitrin, Director of Finance, re: Annual Investment Report (Receive)
REMOVED j. Communication from Coastal Resources Management Council, re: Public Notice, CRMC File 2021-06-029, Sunrise Wind, LLC, to construct and operate an offshore wind facility (Receive)
COUNCILOR LEONARD raised concerns regarding offshore wind projects and questioned who is responsible for the maintenance. COUNCILOR CEGLIE moved to receive the communication. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
k. Comprehensive Annual Financial Report- Year Ended June 30, 2021 (Receive) A copy is available on file in the City Clerk’s Office and posted on the city’s website: www.cityofnewport.com/cafr
l. Communication from the Aquidneck Island Planning Commission, re:2021 Annual Report and FY23 Level Funding (Receive)
COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of item j. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
3. Preservation Society of Newport County, d/b/a Newport Mansions Wine & Food Festival, Rosecliff; September 16 through 18, 2022 from 10:00 a.m. to 10:00 p.m.- continued from February 23, 2022
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
4. 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 (Second Hearing)
Marc St. Laurent, applicant, addressed the Council to answer questions. Leppy McCarthy, 72 Warner St. addressed the Council regarding entertainment in general.
COUNCILOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
5. Annual Entertainment License, New (Class A-indoor), Newport Lodge #104 and Benevolent Protective Order of Elks, d/b/a Elk’s Club, to have entertainment on Fridays and Saturdays from 6:30 to 10:00 p.m. (Hearing)
Joseph Kaiser, representing the Elk’s, addressed the Council during the hearing.
COUNCILOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
6. Mobile Food Establishment Cart (MFEC), New, Park & Cove Ice Cream Company, LLC, 458 Park Ave., Portsmouth, RI
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
Discover Newport Board- Gillian Friedman Fox (Executive Director - Newport Music Festival) as representative for Newport in the area of Arts
MAYOR NAPOLITANO moved to appoint Gillian Friedman Fox to the Discover Newport Board. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
8. 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- continued from February 23, 2022(Licensee in compliance, license has been issued-matter to be dismissed)
COUNCILOR CEGLIE moved to dismiss the hearing as the applicant is compliant. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
9. Action Item #6050/22 – RE: Capital Improvement Program – Adoption in Concept (w/accompanying resolution)
COUNICLOR CEGLIE moved to adopt the CIP in concept and approve the accompanying resolution. Seconded by COUNCILOR LEONARD and voted 6-1 with COUNCILOR MCCALLA opposed.
COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
1. Class F-1 Daily Liquor Licenses, Preservation Society of Newport County, d/b/a, Newport Mansions Wine & Food Festival, Rosecliff; September 16 through 18, 2022 from 10:00 a.m. to 10:00 p.m.- continued from February 23, 2022
2. Class F Daily Liquor License, Food Concession License, Jesus Saviour Church, d/b/a Holy Ghost Feast, 15 Fenner Ave.; June 5, 2022 from 10:00 a.m. to 6:00 p.m.
3. Class F Daily Liquor License, Jesus Saviour Church, d/b/a Summer Bazaar, 1 Vernon Ave.; July 28, 29 & 30, 2022 from 5:00 p.m. to 11:00 p.m.
COMMISSIONER CEGLIE moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
4. Class A Liquor Store Sunday Selling License Renewals:
a. Bellevue Wine & Spirits, Bellevue Wine & Spirits LLC, 181 Bellevue Ave.
b. Fifth Ward Liquor, Fifth Ward Liquor, Inc., 695 Thames St.
c. Harry's Liquor Store, Harry S. Karanikolas, Inc., 199 Connell Highway
d. Island Wine & Spirits, Newport Prescription Center, Inc., 287 & 291 Broadway & Portion of 289 Broadway
e. Rex Liquor, Ratana Hoan, 146 Broadway
f. Vicker's Liquors, Vickers' Liquors LLC, 274 Bellevue Ave.
COMMISSIONER CEGLIE moved to approve the license. Seconded by COMMISSIONER FUERTE and VOTED UNANIMOUSLY.
5. 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- continued from February 23, 2022
Paul Boardman, addressed the Board regarding the progress he is making for the outstanding items. CITY SOLICITOR BEHAN addressed the Board to recommend continuing the matter to March 23, 2022. COMMISSIONER CEGLIE moved to continue the hearing to March 23, 2022. Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
Adjourn - 7:53 p.m.
COMMISSIONER CEGLIE moved to adjourn as Board of License Commissioners and reconvene as Council for the purposes of Pursuant to Rhode Island General Laws, Section 42-46-1, as amended, and in accordance with Section 42-46-5, Purposes for Which Meeting May be Closed, “(a) (2) Sessions pertaining to collective bargaining or litigation and (a)(7) A matter related to the question of investment of public funds where the premature disclosure would adversely affect the public interest”. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.