CITY OF NEWPORT
MINUTES FOR A REGULAR COUNCIL MEETING
MARCH 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 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 | |
| LYNN UNDERWOOD CEGLIE | |
ABSENT
ANGELA MCCALLA
CITIZENS’ FORUM:
(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. Audrain Motorsport, LLC, d/b/a Audrain Motorsport Veteran Car Tour, Ochre Court, Ochre Point Avenue; March 27, 2022 from 7:00 a.m. to 9:00 p.m.
2. Newport Classical, d/b/a Sinta Quartet- Free Community Concert, Miantonomi Park; April 3, 2022 from 10:00 a.m. to 4:00 p.m.
3. Channing Memorial Church, d/b/a Born This Way Prom, Harbor Hotel Ball Room; April 15, 2022 from 6:00 p.m. to 10:00 p.m.
4. Newport Classical, d/b/a Newport Classical Free Concert, Aquidneck Park; May 8, 2022 from 10:00 a.m. to 4:00 p.m.
Removed 5. Food Truck Festivals of America, LLC, d/b/a Newport Food Truck & Craft Beer Festival, Fort Adams State Park; May 14 & 15, 2022 from 11:00 a.m. to 5:00 p.m.
COUNCILOR LEONARD had questions regarding the event.
Karen Pestone, Fort Adams Trust, addressed the Council to answer questions regarding the event. Discussion occurred among the Council. COUNCILOR LEONARD moved to continue the application to the next meeting and requested the applicant return with all details. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
6. Historic Wharves Associates, d/b/a Newport International Boat Show, Bowen’s Wharf, The Bohlin and Market Square; September 15-18, 2022 from 10:00 a.m. to 6:00 p.m. daily; Sunday from 10:00 a.m. to 5:00 p.m.
Removed 7. Gray Matter Marketing, d/b/a Amica Newport Marathon, Easton’s Beach (route attached); October 9, 2022 from 5:00 a.m. to 3:30 p.m.
COUNCILOR LEONARD raised concerns about the race being on Columbus Day weekend. Matthew Gray, President, Gray Matter Marketing, addressed the Council to answer questions. COUNCILOR CEGLIE moved to approve. Seconded by COUNCILOR HOLDER and VOTED 5-1 with COUNCILOR LEONARD opposed.
b. Communication from CRMC, re: Public Notice-SHM Newport Shipyard, LLC, 1 Washington St. for a State of Rhode Island Assent-1 Washington St., Plat 16 Lot 235- Newport Harbor
c. Communication from Lt. Corey Huck, Newport Police Department,Chairman, AINPP, re: Requesting permission to hold the annual Aquidneck Island Police Parade on May 1, 2022 (Approve subject to details being worked out with city administration)
d. 2022 Holiday Selling and Second-hand License Renewals (list attached)
Removed e. Communication from SBA Communications Corporation, re: Request to expand and change existing tower at the Old Fort Road Fire Station to accommodate AT&T (Receive and refer to city administration for a recommendation)
COUNCILOR LEONARD had questions regarding the proposal. William Riccio, Acting City Manager, addressed the Council. COUNCILOR LEONARD moved to receive and refer to the City Administration for a recommendation. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
2. Special Event License, Warwick Civic Orchestra, d/b/a Warwick Symphony Orchestra POP-UP Concert, Touro Park; June 16, 2022 from 7:00 p.m. to 8:00 p.m. (rain date- 06/23/2022)
COUNCILOR CEGLIE moved to approve subject to details being worked out with administration. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
- Request to waive $250 park use fee
3. Victualing License Renewal, K & K Food Mart, Inc., d/b/a K & K Food Mart, 10 Connell Highway
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
4. 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, 72 Annandale Rd., addressed the Council regarding the entertainment license.
COUNCILOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
5. Mobile Food Establishment Cart (MFEC), Renewals:
a. Longade, LLC, d/b/a Del’s Lemonade, 1 Winfield Court, Middletown, RI
COUNCILOR CEGLIE moved to approve the license . Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
b. Viking Hot Dog, LLC, d/b/a Viking Hot Dog, 26 Hunter Ave., Newport, RI
COUNCILOR CEGLIE moved to approve the license . Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
6. Mobile Food Establishment Truck (MFET), Renewal, Dumb Luck, LLC, d/b/a Pierogitory, 1 Cedar Tree Lane, Coventry, RI
COUNCILOR CEGLIE moved to approve the license . Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
7. Victualing License, New, MR Brick, LLC, d/b/a Brick Alley Pub & Restaurant, 140 Thames St. first floor and rear lot with expansion into 142 Thames St. first and second floor (In conjunction with liquor transfer of Plumb Inc.)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
8. Victualing License, Expansion, Broadway Tavern, Ltd., d/b/a Tavern on Broadway, 16-18 Broadway to expand into 12 Broadway including rear patio (In conjunction with liquor license expansion)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
(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)
Canvassing Authority
Reappointment- Sharon Connors (six year term expires 3/1/2028)
MAYOR NAPOLITANO moved to reappoint Sharon Connors to the Canvassing Authority. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
10. Opposing House Bill 6366 which would permit Quadricycle passenger vehicles defined as a “four-wheeled vehicle propelled by operator and passengers pedaling with support, as needed from a battery powered engine with up to 16 passengers”– K. Leonard
COUNCILOR LEONARD introduced the resolution and moved for its passage. Seconded by COUNCILOR HOLDER. Discussion occurred among the Council regarding prohibiting these vehicles. CITY SOLICITOR BEHAN addressed the Council regarding the legislation The motion to approve was VOTED UNANIMOUSLY.
11. Amending Chapter 17.08.010 entitled, “Definitions” to add “Short term rental or short term rentals” (Second Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR BOVA and VOTED UNANIMOUSLY.
12. Amending Chapter 17.16 entitled, R-3 Residential District, Chapter 17.20, entitled, R-10 Residential, Chapter 17.28 entitled, R-20 Residential District, Chapter 17.32 entitled, R-40 Residential District and & Chapter 17.52 entitled “Limited Business District” (Second Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR BOVA. The following members from the public addressed the Council:
Meg Nelson, 120 Coggeshall Ave.
Dale Nelson, 120 Coggeshall Ave.
Brennan Daniels
Brandon Pico, 52 Marchant St.
Liam McDermott, Old Fort Rd.
The motion to approve was VOTED UNANIMOUSLY.
13. Action Item #6051/22 – RE: Amendment to Parking Management Services Contract (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR FUERTE. COUNCILOR LEONARD had questions regarding parking revenue. William Riccio, Acting City Manager, addressed the Council and stated he will provide more information to the Council. The motion to approve was VOTED UNANIMOUSLY.
14. Action Item #6052/22 – RE: Award of Bid #22-021 – All City Buildings and All Newport Public Schools – Mechanical Contract Services (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
15. Action Item #6053/22 – RE: Award of Bid #22-019 – Citywide Electrical Contract Services (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
16. Action Item #6054/22 – RE: Re-Bid #22-020 – All City Buildings and All Newport Public Schools – Plumbing Contract Services (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
17. Action Item #6055/22 – RE: Award of Bid #22-016 - Kingston Park Playground Installation (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
18. Action Item #6056/22 – RE: Ordinance Revision – 10.68. Loading Zones – Spring Wharf (w/accompanying ordinance)
COUNCILOR CEGLIE moved to continue the communication to April 13, 2022. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
19. Action Item #6057/22 – RE: Amendment No. 4 -Contract # 16-040 - Engineering Services for Drainage Investigation and Flooding Analysis - Whitwell Avenue Area (w/accompanying resolution)
*20. 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- Continued from February 23, 2022
CITY SOLICITOR BEHAN addressed the Council and provided an update from the Fire Marshal and recommended the matter be continued. COUNCILOR CEGLIE moved to continue the matter to May 11, 2022. Seconded by COUNCILOR LEONARD and VOTED UNANIMOULSY.
COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR FUERTE and VOTED UNANIMOUSLY.
1. Class F-1 Daily Liquor Licenses:
a. Food Truck Festivals of America, LLC, d/b/a Newport Food Truck & Craft Beer Festival, Fort Adams State Park; May 14 & 15, 2022 from 11:00 a.m. to 5:00 p.m.
COMMISSIONER CEGLIE moved to continue the application to April 13, 2022. Seconded by COMMISSIONER BOVA and VOTED UNANIMOUSLY.
b. Oliver Hazard Perry Rhode Island, d/b/a Newport Oyster and Chowder Festival, Bowen’s Wharf; May 21, 2022 from 11:00 a.m. to 6:00 p.m. and May 22, 2022 from 11:00 a.m. to 5:00 p.m.
COMMISSIONER CEGLIE moved to approve the Consent Calendar in its entirety with the exception of item a. Seconded by COMMISSIONER FUERTE and VOTED UNANIMOUSLY.
2. Class A Liquor Store Sunday Selling License Renewals:
a. KRG Enterprises, Inc., d/b/a Bridge Liquors, 23 Connell Highway
b. Newport Wine Cellar, LLC, d/b/a, Newport Wine Cellar LLC, 5 Merton Road
COMMISSIONER CEGLIE moved to approve the licenses for Bridge Liquors and Newport Wine Cellar. Seconded by COMMISSIONER FUERTE and VOTED UNANIMOUSLY.
3. Application of Plumb Inc., d/b/a Brick Alley Pub & Restaurant, 140-142 Thames St., holder of a Class BV alcoholic beverage license, to transfer ownership to MR Brick, LLC (Matthew A. Plumb-50%, Ralph Plumb, III- 50%), d/b/a Brick Alley Pub and Restaurant at the same premises (Hearing)
There was no public comment.
COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
4. Application of Broadway Tavern, Ltd., d/b/a Tavern on Broadway, 16-18 Broadway, holder of Class BV alcoholic beverage license, to expand the licensed premises into 12 Broadway including rear patio (Hearing)
Jim Blumel, Owner/Applicant, addressed the Council regarding the expansion.
COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER LEONARD 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 March 9, 2022
CITY SOLICITOR BEHAN addressed the Board to provide an update and stated the applicant will voluntarily close the business until the matter is resolved with the Division of Taxation. Paul Boardman, owner, addressed the Council. COMMISSIONER CEGLIE moved to continue the public hearing to April 13, 2022. Seconded by COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
Adjourn – 7:46 p.m.
| Holiday Selling Renewals | |||
| D/B/A | Owner | Street Address | |
| 7 Eleven 25854 - D | Muhamad Tariq Rashid | 135 | JT Connell Highway |
| 7-Eleven #23880D | Jakhar Enterprise, Inc. | 29 | Memorial Blvd. |
| Anchored in Pink | Anchored in Pink, LLC | 471 | Thames Street |
| Broadway Mini Mart | Broadway Mini Mart Corp. | 316 | Broadway |
| Cumberland Farms | Cumberland Farms Inc. | 125 | Broadway |
| #1150 | | | |
| Cutie Curls Boutique | Cutie Curls, LLC | 49 | Long Wharf Mall Unit 5* |
| | | | Change of Location |
| CVS Pharmacy #355 | Rhode Island CVS Pharmacy LLC | 181 | Bellevue Ave. |
| Gurney's Newport | GINRI Assets LLC | 1 | Goat Island |
| Hammetts Hotel | Hammetts Wharf Hotel LLC | 4 | Commercial Wharf |
| International Tennis Hall | International Tennis Hall of Fame, Inc. | 194 | Bellevue Avenue |
| of Fame, Inc. | | | |
| J. H. Breakell & Co. | Wonderwall Design Group, LLC | 215 | Goddard Row* |
| | | | *Change of Location |
| Kristina Richards | Kristina Richards Inc. 108 | | William St. |
| Mandarine | Mandarine, Inc. | 16 | Bannister's Wharf |
| Newport Marketplace & | Newport Marketplace & Antiques LLC | 130 | Broadway |
| Antiques | | | |
| Newport Sea Foam | Newport Sea Foam Trading, LLC 415 | | Thames St. |
| Trading Co | | | |
| Pink Pineapple | Pink Pineapple, LLC 380 | | Thames St. |
| Royal Male | Royal Male, LTD 104 | | Spring St. |
| Royal Male | Royal Male, LTD | 18 | Bannisters Wharf |
| Sally Beauty Supply | Sally Beauty Supply, LLC. | 199 | Connell Highway |
| #2501 | | | |
| Saltwater Living | Seashells In Bloom LLC | 33 | Bannisters Wharf |
| Seashells In Bloom | Seashells In Bloom LLC | 33A | Bannisters Wharf |
| Sheldon Art Gallery | Kennedy Studios of Newport, Inc. | 59 | Americas Cup Ave. |
| Sodexo @ Newport | Sodexo Operations, LLC | 11 | Friendship Street |
| Soft as a Grape | Soft as a Grape, Inc | 170 | Thames St. |
| Spice & Tea Exchange | Spice of Life-Management LLC | 192 | Thames St. #B |
| of Newport, The | | | |
| Stop & Shop #701 | Stop & Shop Supermarket Company LLC, The | 250 | Bellevue Ave. |
| | | | |
| Sunflower Boutique | Judith Goodwin 400 | | Thames St. #4 |
| Super Stop and Shop | Stop & Shop Supermarket Company LLC, The | 199 | Connell Highway |
| #731 | | | |
| Talbots #24 | Talbots, Inc., The | 162 | Bellevue Ave. |
| The Salty Babe | JB Hopkins LLC | 391 | Thames St. |
| U-Haul Co. of Rhode | U-Haul Co. of Rhode Island | 111 | Connell Highway |
| Island | | | |
| White House/Black | White House/Black Market, Inc | 49 | Long Wharf Mall |
| Market #3521 | | | |
| | | | |
| Second Hand Renewals | |||
| D/B/A | Owner | Street Address | |
| Grenon's of Newport Grenon's of Newport, LLC | 210 | Bellevue Ave. | |
| | | | |
| Newport Marketplace & | Antiques, LLC 130 | Broadway | |
| | | | |
| Marketplace & | | | |
| Antiques | | | |
| Sunflower Boutique | Judith Goodwin | 400 | Thames St Unit #4 |