CITY OF NEWPORT

MINUTES FOR THE REGULAR CITY COUNCIL

MEETING

APRIL 12, 2023

(Approved 5/10/2023)

 

The following items of business, filed with the City Clerk under the Rules of the Council, came before the Council at a meeting held on April 12, 2023 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

XAY KHAMSYVORAVONG

CHARLIE HOLDER

DAVID CARLIN

ANGELA MCCALLA

MARK ARAMLI

LYNN UNDERWOOD CEGLIE

 

 

~ Proclamation honoring the Rogers Middletown Tiverton (RMT) hockey team, winners of the 2023 RI Interscholastic League Division II Championship ~

 

MAYOR KHAMSYVORAVONG read the proclamation into the record and presented the document to the RMT hockey team.

 

Citizens’ Forum:

 

 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 Workshops held January 4, 2023, February 18, 2023 and March 29, 2023 and Council Meetings held March 22, 2023 and March 29, 2023 (Approve)

 

b.   Special Events:

 

1.   Audrain Automobile Museum, Inc., d/b/a Daffodil Days Spring Fling, 222 Bellevue Ave.; April 21, 2023 from 6:00 p.m. to 7:30 p.m.

 

2.   Audrain Automobile Museum, Inc., d/b/a 9th Annual Newport Daffodil Parade, streets of Newport (route attached); April 23, 2023 from 8:00 a.m. to 10:00 a.m.

 

3.   Newport Elks Lodge No. 104, d/b/a Book Author, 141 Pelham St.; April 26, 2023 from 6:00 p.m. to 8:00 p.m.

 

4.   Turning Around Ministries, d/b/a Dream Fest, Pell Elementary School; April 29, 2023 from 11:00 a.m. to 3:00 p.m.

 

5.   Newport Art Museum, d/b/a Free Community Day, Newport Art Museum; April 29, 2023 and June 24, 2023 from 11:00 a.m. to 4:00 p.m.

 

6.   Common Fence Music Co., d/b/a Newport Live Presents Steve and Bokani Dyer, Jazz from South Africa, Emmanuel Church; May 5, 2023 from 7:30 p.m. to 9:30 p.m.

 

7.   Common Fence Music Co., d/b/a Newport Live Celebrates Indigenous Artists featuring Raye Zaragoza, Emmanuel Church; May 13, 2023 from 7:30 p.m. to 9:30 p.m.

 

8.   Newport Classical/RI Arts Foundation at Newport, d/b/a Newport Classical Community Concert, Miantonomi Park; May 14, 2023 from 9:00 a.m. to 4:30 p.m.

 

9.   Newport Art Association/Newport Art Museum, d/b/a Social Fabric Panel Discussion, Newport Art Museum; May 23, 2023 from 5:30 p.m. to 7:30 p.m.

 

10. Newport Art Association/Newport Art Museum, d/b/a Opening Receptions, Newport Art Museum; June 2, 2023 from 5:00 p.m. to 7:30 p.m.

 

11. Trinity Church, d/b/a Trinity Church Strawberry Festival, Trinity Church, 1 Queen Anne Sq.; June 17, 2023 from 11:00 a.m. to 5:00 p.m.

 

12. Newport Art Association/Newport Art Museum, d/b/a Summer Art Party/Fundraiser Event, Newport Art Museum; July 14, 2023 from 6:00 p.m. to 11:00 p.m.

 

13. IYRS, d/b/a 26th Annual IYRS Summer Gala, 449 Thames St.; July 8, 2023 from 6:00 p.m. to midnight

 

14. Jesus Saviour Church, d/b/a Summer Bazaar, 1 Vernon Ave. (parking lot); July 27, 28 & 29, 2023 from 5:00 p.m. to 11:00 p.m. (Rain Date- July 30, 2023 from 12:00 p.m. to 3:00 p.m.)

 

15. Newport Art Museum, d/b/a Wet Paint/Fundraiser, Newport Art Museum; August 12, 2023 from 1:00 p.m. to 5:00 p.m.

 

16. IYRS, d/b/a 44th Annual IYRS Newport Classic Yacht Regatta Award Party, 449 Thames St.; September 3, 2023 from 6:00 p.m. to 10:00 p.m.

 

c.   Food Concession License, Jesus Saviour Church, d/b/a Holy Ghost Feast, Fenner Hall, 15 Fenner Ave.; May 28, 2023 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 27, 28 & 29, 2023 from 5:00 p.m. to 11:00 p.m. (Rain Date- July 30, 2023 from 12:00 p.m. to 3:00 p.m.)

 

e.   Bingo License, Jesus Saviour Church, 1 Vernon Ave.; July 27, 28 & 29, 2023 from 5:00 p.m. to 11:00 p.m.

 

f.    Holiday Selling License, New, Pop on the Block, Inc., d/b/a Pop on the Block, 125 Swinburne Row

 

g.   Bicycle Rental Agency, Renewal, Island Adventures, Inc., d/b/a Island Adventures, 0 Bliven Place (34 bikes)

 

h.   2023 Holiday Selling License Renewals (list attached)

 

i.    2023 Second-hand License Renewals (list attached)

 

j.    Communication from Tyler Romero, re:  Resignation from the Affirmative Action Commission (Receive with regret)

 

k.   Communication from Pamela Breves, re:  Resignation from the Juvenile Hearing Board (Receive with regret)

 

l.    FY 2024 & FY 2025 Proposed Biennial Budget (Receive and order advertised for public hearing May 10, 2023)- Budget document can be viewed here: www.cityofnewport.com/FinanceReports

 

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

 

LICENSES AND PERMITS

 

2.   Lucy’s Hearth, d/b/a Pickleball Fundraiser Tournament, Rogers High School Tennis Courts; June 17, 2023 from 9:00 a.m. to noon

 

~ Request to waive the court fees in the amount of $270

 

COUNCILOR CEGLIE moved to approve the license and refer the fee waiver request to the administration for a recommendation.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

3.   R.I. Slave History Medallions, d/b/a Juneteenth National Celebration, Washington Square/Eisenhower Park/Colony House and Great Friends Meeting House; June 18 & 19, 2023 from 9:00 a.m. to 6:00 p.m.

 

~ Request to close Park Street

 

COUNCILOR CEGLIE moved to approve the license and refer the street closure request to City Administration for a recommendation.  Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

 

4.   Victualing License, New, Newport Roast Beef Co., LLC, d/b/a Robs Almost Famous Roast Beef, 469 Thames St.

 

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

 

5.   APPOINTMENTS TO BOARDS AND COMMISSIONS

 

Council Liaison Updates

 

Appointments:

 

Affirmative Action Commission:  Stephanie Smyth- 3-year term expiring 4/12/2026

 

COUNCILOR CARLIN moved to appoint Stephanie Smyth to the Affirmative Action Commission.  Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

 

RESOLUTIONS

 

6.   Sister City Commission- L. Ceglie, J. Napolitano

 

COUNCILOR CEGLIE introduced the resolution and moved for its passage.  Seconded by   COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

7.   Transportation Master Plan- L. Ceglie, J. Napolitano, X. Khamsyvoravong

 

COUNCILOR CEGLIE introduced the resolution and moved for its passage.  Seconded by COUNCILOR ARAMLI.  COUNCILOR CEGLIE moved to amend the resolution to state the Council is not approving the closure of America’s Cup Avenue.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.  Discussion occurred among the Council regarding the master plan.  Emily Conklin, 3 Bush St., addressed the Council.

 

COUNCILOR CEGLIE moved to approve the resolution as amended.  Seconded by COUNCILOR NAPOLITANO and voted (6-1) with COUNCILOR CARLIN opposed.

 

8.   Requesting the City Administration to review parking on Yznaga Ave.- D. Carlin

 

COUNCILOR CARLIN introduced the resolution and moved for its passage.  Seconded by    COUNCILOR ARAMLI.  COUNCILOR CARLIN moved to amend the resolution to request the city administration return to the Council with a recommendation at the April 26, 2023 meeting.  Seconded by COUNCILOR ARAMI.  CITY SOLICIOTR BEHAN addressed the Council regarding the request.  Ryan Patrick Kelley, 60 Poplar St., addressed the Council.  The motion to amend was VOTED UNANIMOUSLY.

 

COUNCILOR CARLIN moved to approve the resolution as amended.  Seconded by COUNCILOR ARAMLI and VOTED UNANIMOUSLY.

 

9.   Requesting the City Council support 2023 House Bills - H 5712, H 5714, H 5771, H 5943 and H 6096  – D. Carlin

 

COUNCILOR CARLIN introduced the resolution and moved for its passage.  Seconded by COUNCILOR HOLDER.   Discussion occurred among the Council.  COUNCILOR CARLIN moved to remove H 5712 from consideration.  Seconded by COUNCILOR HOLDER.  COUNCILOR NAPOLITANO moved to continue H5712 to the next Council meeting.  Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.

 

COUNCILOR CARLIN moved to adopt the resolution as amended.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

ORDINANCES

 

10. Amending Chapter 10.20 entitled, Parking Generally, to amend Section 10.20.210, entitled, Meter Charges (Second Reading)

 

COUNCILOR CEGLIE moved to adopt the ordinance on second reading.  Seconded by COUNCILOR NAPOLITANO.  Discussion occurred among the Council and CITY SOLICITOR BEHAN.  COUNCILOR MCCALLA moved to continue the ordinance.  Seconded by COUNCILOR CARLIN.  The motion failed 1-6 with MAYOR KHAMSYVORAVONG, COUNCILOR HOLDER, COUNCILOR ARAMLI, COUNCILOR CARLIN, COUNCILOR CEGLIE and COUNCILOR NAPOLITANO opposed. 

 

COUNCILOR HOLDER moved to amend the ordinance to change the time frame to May 1 through October 31.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

Ryan Patrick Kelley, 60 Poplar St. addressed the Council.

 

COUNCILOR CEGLIE moved to adopt the ordinance as amended.  Seconded by COUNCILOR CARLIN and VOTED 5-2 with COUNCILOR MCCALLA and COUNCILOR CARLIN opposed.

 

11. Amending Chapter 10.28, entitled, Public Parking Lots, to amend Section 10.28.080, entitled, Easton’s Beach Parking Lot (Second Reading)

 

COUNCILOR CEGLIE moved to adopt the ordinance on second reading.  Seconded by COUNCILOR NAPOLTIANO.  Discussion occurred among the Council.  Robert Bestoso, 45 Warner St. addressed the Council regarding the amendments.  The motion to approve was voted 5-2 with COUNCILOR MCCALLA and COUNCILOR CARLIN opposed.

 

12. Amending Chapter 8.12, entitled “Noise Abatement” to amend Sections 8.12.010 entitled, Statement of Public Policy and 8.12.130 entitled, “Motorized Vehicles” (First Reading)

 

COUNCILOR CEGLIE moved to adopt the ordinance on first reading.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

COMMUNICATIONS FROM THE CITY MANAGER

 

13. Updates from the City Manager

 

There were no updates.

 

14. Action Item #6142/23 – RE:   New York Yacht Club Donation – Ramp for King Park Stone Pier Dinghy Dock (w/accompanying resolution)

 

MAYOR KHAMSYVORAVONG recused.

 

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO.  Josh Parks, Esq., addressed the Council on behalf of the New York Yacht Club.  Mr. Parks offered an amendment to the proposal for a one-time donation of $100,000 dollars.  COUNCILOR CEGLIE moved to receive and approve the amended donation offer.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY (6-0). 

 

15. Action Item #6143/23 – RE:   Award of Bid #23-030 - Tall Ship Mooring Repair (w/accompanying resolution)

 

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOULSY.

 

16. Action Item #6144/23 – RE:  Statewide Mutual Aid Agreement (w/accompanying resolution)

 

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOULSY.

 

17. Action Item #6145/23 – RE:   Award of Bid # 23-033 - New 24 ft. x 8.5 ft., 20,000# Full Deck Tilt Cargo Trailer (w/accompanying resolution)

 

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOULSY.

 

18. Action Item #6146/23 – RE:   Change Order 2 & 3 - 21-044 Long Wharf Force Main Cleaning Project (w/accompanying resolution)

 

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOULSY.

 

19. Action Item #6147/23 – RE:   Award of Bid #23-031 - Wellington Avenue Storm Drain Outfalls Tide Gates (w/accompanying resolution)

 

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution.  Seconded by COUNCILOR HOLDER and VOTED UNANIMOULSY.

 

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

 

BOARD OF LICENSE COMMISSIONERS

 

CONSENT CALENDAR

 

1.   Class F Daily Liquor Licenses:

 

a.   Common Fence Music Co., d/b/a Newport Live Presents Steve and Bokani Dyer, Jazz from South Africa, Emmanuel Church; May 5, 2023 from 7:30 p.m. to 9:30 p.m.

 

b.   Common Fence Music Co., d/b/a Newport Live Celebrates Indigenous Artists featuring Raye Zaragoza, Emmanuel Church; May 13, 2023 from 7:30 p.m. to 9:30 p.m.

 

c.   Newport Art Association/Newport Art Museum, d/b/a Social Fabric Panel Discussion, Newport Art Museum; May 23, 2023 from 5:30 p.m. to 7:30 p.m.

 

d.   Jesus Savior Church, d/b/a Holy Ghost Feast, 15 Fenner Ave., May 28, 2023 from 10:00 a.m. to 6:00 p.m.

 

e.   Newport Art Association/Newport Art Museum, d/b/a Opening Receptions, Newport Art Museum; June 2, 2023 from 5:00 p.m. to 7:30 p.m.

 

f.    Jesus Saviour Church, d/b/a Summer Bazaar, 1 Vernon Ave. (parking lot); July 27, 28 & 29, 2023 from 5:00 p.m. to 11:00 p.m.

 

g.   Newport Art Museum, d/b/a Wet Paint/Fundraiser, Newport Art Museum; August 12, 2023 from 1:00 p.m. to 5:00 p.m.

 

2.   Communication from Christian Infantolino, Esq., on behalf of Conanicut Marine Services, Inc., re:  Requesting permission to serve alcoholic beverages aboard The Jamestown, the MV Katherine and The Coastal Queen while at dockside in Newport Harbor for the 2023 season.

 

3.   Communication from James Blumel, owner, Broadway Tavern, Ltd. d/b/a Tavern on Broadway, 12, 16 & 18 Broadway, re:  Change of d/b/a for 12 Broadway to Bar 12 (Receive and make part of licensee’s file)

 

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

 

LICENSES AND PERMITS

 

4.   2023 Class A Liquor Store Sunday Selling License, Renewals:

 

a.   AMAR7377, LLC, d/b/a Bliss Road Beer, Wine & Spirits, 25 Bliss Rd.

 

b.   Newport Wine Cellar, LLC, d/b/a Newport Wine Cellar, 5 Merton Rd.

 

COMMISSIONER CEGLIE moved to approve the Sunday Selling license renewals for AMAR7377, LLC and Newport Wine Cellar, LLC.  Seconded by COMMISSIONER HOLDER and VOTED UNAIMOUSLY.

 

Laura C. Swistak, CMC

City Clerk

 

Adjourn- 8:37 p.m.

 

 

Holiday Selling License Renewals

 

d/b/a                 Owner                                       Address_____________

 

  AT&T Authorized         Prime Comms Retail, LLC                             163                     Connell Highway

  Retailer #9303

  Be Dazzled                  Be Dazzled Inc.                                          198                     Thames St., Unit #2

  Broadway Mini Mart      Broadway Mini Mart Corp.                            316                     Broadway

  Cashmere Beach            East Coast Cashmere Inc.                              115                     Bellevue Ave.

  Diva Boutique              Chatree Sachayansrisakul                               491                     Thames St.

  Dollar Tree #08526        Dollar Tree Stores, Inc.                                 199                     Connell Highway #14

  Famous Footwear #2559  BG Retail, LLC                                          199                     Connell Highway Unit 2

  Kristina Richards           Kristina Richards Inc.                                   108                     William St.

  Lululemon Athletica       LULULEMON USA Inc.                              A45                    Long Wharf

  Mandarine                   Mandarine, Inc.                                          16                      Bannister's Wharf

  Newport Breeze            Newport Breeze, Inc.                                    1                        Bannisters Wharf

  Save The Bay               Save The Bay, Inc.                                      175                     Memorial Blvd.

  Swift-Morris Interiors     Swift-Morris Interiors, LLC                            69                      Mill St.

  Thames Street Shirt        Thames Street Shirt Co.                                410                     Thames St.

  Company

  The Narragansett Ltd.     Seawater Enterprises, Inc.                              15                      Bowen's Wharf

  The Salty Babe             JB Hopkins LLC                                         391                     Thames St.

  UPS Store, The             MTG Ventures LLC                                     270                     Bellevue Ave.

  Wagon Wheel               Wagon Wheel Inc.                                       246                     Thames St.

  Zurner Oceanic             Zurner Oceanic, LLC                                   40                      Franklin Street

 

 Second-hand License Renewals

 

  d/b/a                     Ownership                                                Address

 

  LeMay and Company              LeMay and Company                                    148              Bellevue Ave.

  Antiques and Estates               Antiques and Estates, LLC

                                                    

  Studio 59 Design                     Diana Szapary                                               138              Spring St.

 

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