CITY OF NEWPORT
MINUTES FOR THE REGULAR CITY COUNCIL
MEETING
APRIL 26, 2023
(Approved 5/24/23)
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 26, 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 |
| MARK ARAMLI | |
| LYNN UNDERWOOD CEGLIE | |
ABSENT
ANGELA MCCALLA
Citizens’ Forum
a. Minutes of the City Council Boards and Commission Council Interviews held February 1, 2023, February 15, 2023, February 22, 2023 and March 8, 2023 (Approve)
b. Special Events:
1. Newport Rugby Football Club, d/b/a NERFU Championship Rugby Tournament, Fort Adams State Park; May 6 and 7, 2023 from 8:00 a.m. to 8:00 p.m.
2. Clagett Sailing, d/b/a Clagett Sailing Auction/Fundraiser, Ida Lewis Yacht Club; May 19, 2023 from 6:30 p.m. to 9:00 p.m.
3. Newport in Bloom, d/b/a Newport in Bloom Plant Sale, Elks Lodge; May 21, 2023 from 10:00 a.m. to 1:00 p.m.
4. Elmwal Associates, d/b/a Summer Concert Series, Shops at Long Wharf, 5/27, 6/3, 6/10, 6/17, 6/24, 7/1, 7/8, 7/15, 7/22, 7/29, 8/5, 8/12, 8/19, 8/26, 9/2, 9/9, 9/16, 9/23, 9/30 and 10/7 from 1:00 p.m. to 5:00 p.m.
5. Bike Newport, d/b/a Big Blue Bike Barn Opening, 20 Sunset Blvd.; June 3, 2023 from 2:00 p.m. to 5:00 p.m.
6. Jeanne Drapeau, d/b/a Artisans by the Bay/Craft, Garden, Botanical Show, Elks Lodge; June 10, 2023 from 10:00 a.m. to 4:00 p.m.
7. Newport Rugby Football Club, d/b/a Newport Summer 7’s Rugby Tournament, Fort Adams State Park; June 24 & 25, 2023 from 8:00 a.m. to 8:00 p.m.
8. Newport Pride, d/b/a Newport Pride Fest + Bike Ride, Great Friends Meeting House; June 24, 2023 from 11:00 a.m. to 6:00 p.m.
9. Newport Contemporary Ballet, d/b/a Newport Dance Festival, Great Friends Meeting House; July 14-23, 2023 from 12:00 p.m. to 9:00 p.m.
10. Analog Studios, LLC, d/b/a BlissFest Music Event, IYRS Restoration Hall, 449 Thames St.; July 29, 2023 from 5:00 p.m. to 11:00 p.m.
11. Conexion Latina Newport, d/b/a La Luz Verde Summer Theater, Great Friends Meeting House; August 2, 2023 from 6:30 p.m. 8:00 p.m.
c. Food Concession License, Newport Rugby Football Club, d/b/a NERFU Championship Rugby Tournament, Fort Adams State Park; May 6 and 7, 2023 from 8:00 a.m. to 8:00 p.m.
d. Food Concession License, Newport Rugby Football Club, d/b/a Newport Summer 7’s Rugby Tournament, Fort Adams State Park; June 24 & 25, 2023 from 8:00 a.m. to 8:00 p.m.
e. Holiday Selling License, Renewals
1. Newport Outfitters, Inc., d/b/a Ten Speed Spokes, 18 Elm St.
2. Rhode Island CVS Pharmacy, LLC, d/b/a CVS Pharmacy #355, 181 Bellevue Ave.
3. Lola & Company, Inc., d/b/a Lola & Company, 400 Thames St.
f. Second-hand License, Renewal, Newport Outfitters, Inc., d/b/a Ten Speed Spokes, 18 Elm St.
g. Communication from Diane McCaffrey, Chairperson, Festa Italiana, re: Request to bury a time capsule on Memorial Blvd. at the Columbus Statue on October 9, 2023 (Approve)
h. Communication from the Newport Gulls Baseball, re: Request to allow the placement of temporary signs on the Memorial Blvd. median, Connell Highway rotary and America’s Cup Avenue on game days (Approve)
REMOVED i. Communication from Justin Smith, re: Resignation from the Planning Board (Receive with regret)
REMOVED j. Communication from Kevin Michaud, re: Resignation from the Planning Board (Receive with regret)
COUNCILOR CEGLIE moved to receive the communications from Justin Smith and Kevin Michaud with regret. Seconded by COUNCILOR NAPOLITANO who thanked them for their service. The motion to receive with regret was VOTED UNANIMOUSLY.
k. Communication from Scott Avedisian, Chief Executive Officer, RIPTA re: Announcing the continuation of Route 67 for 2023 (Receive)
COUNCILOR CEGLIE moved to adopt the Consent Calendar in its entirety with the exception of items i and j. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
2. Second-hand License, Expansion, Anne Hall-Brady, d/b/a Anne Hall Antique Prints, 12 Bowen’s Wharf, expanding into 10 Bowen’s Wharf (Hearing)
COUNCILOR CEGLIE opened the public hearing. Anne Hall-Brady addressed the Council regarding the application. COUNCILOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
3. Bike Newport, d/b/a Elliot’s Ride for Everyone, June 10, 2023 from 9:00 a.m. to 12:00 p.m., beginning and ending at Roger’s High School (route attached)
~ Request to close Hazard Road and Ocean Avenue from Carroll Avenue to Harrison Avenue from 9:00 a.m. to 12:00 p.m.
COUNCILOR CEGLIE moved to approve the license and add a rain date of June 11, 2023. Seconded by COUNCILOR NAPOLITANO. Bari Freeman, Bike Newport, addressed the Council regarding the event and the street closure. Discussion occurred among the Council. The motion to approve was VOTED UNANIMOUSLY.
4. Pedicab Business License, New, James R. Brown, III, d/b/a New England Pedicab, 4 S. Edgewood Rd., Niantic, CT - 2 pedicabs valid from May 1, 2023 through April 30, 2025
COUNCILOR CEGLIE moved to continue the application to May 10, 2023. Seconded by COUNCILOR HOLDER and VOTED 5-0 (Councilor Carlin was not present during the vote).
5. Pedicab Business License, New, Remy Kritter, d/b/a Pioneer Pedicab, 53 Birchwood Lane, West Warwick, RI – 4 pedicabs valid from May 1, 2023 through April 30, 2025
COUNCILOR CEGLIE moved to continue the application to May 10, 2023. Seconded by COUNCILOR HOLDER and VOTED 5-0 (Councilor Carlin was not present during the vote).
6. Sidewalk Café License, Renewals:
a. 22 Washington Sq., Inc., d/b/a Bar Cino, 22-24 Washington Sq.
b. Stone Soup, LLC, d/b/a Caleb and Broad, 162 Broadway
c. Restaurant Bouchard, Inc., d/b/a Chanterelle Restaurant & TSK at the Revolving Door, 505-509 Thames St.
d. Newport Bubble Tea, LLC, d/b/a Empire Tea & Coffee, 22 Broadway
e. ETC Group, LLC, d/b/a Empire Tea & Coffee, 112 William St.
f. Fastnet Inc., d/b/a Fastnet, The, 1-3 Broadway
g. Carpe Noctem, d/b/a Fifth Element, 107-111 Broadway
h. Monkey Business, LLC, d/b/a Hungry Monkey, 124 Broadway
i. Leinster, Inc., d/b/a Malt, 150-154 Broadway
j. Mel’s Lunch, Inc., d/b/a Mel’s Lunch, 25 Broadway
k. Nick’s Fine Foods, Inc., d/b/a Nikolas Pizza, 38 Memorial Blvd. West
l. Nitro Cart, LLC, d/b/a Nitro Bar, The, 2 Pond Ave.
m. Picnic, Ltd., d/b/a Picnic, 28-32 Bellevue Ave.
n. Nautilus Restaurant, LLC, d/b/a Scales and Shells, 527 Thames St.
o. Scratch, LLC, d/b/a Scratch Kitchen & Catering, 88 Broadway
p. Kale Stems, LLC, d/b/a Stoneacre, 28-30 Washington Sq.
COUNCILOR CEGLIE moved to approve the sidewalk café license renewals. Seconded by COUNCILOR HOLDER and VOTED 6-0.
7. APPOINTMENTS TO BOARDS AND COMMISSIONS
Council Liaison Updates
Reappointments:
Planning Board- Theresa Stokes (3-year term expiring 10/31/2025)
Margaret Polski (3-year term expiring 10/31/2025)
COUNCILOR CEGLIE moved to reappoint Theresa Stokes. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
COUNCILOR CARLIN moved to reappoint Margaret Polski to the Planning Board. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
8. Requesting the City Council support 2023 House Bill - H 5712
– D. Carlin (continued from April 12, 2023)
COUNCILOR CARLIN introduced the resolution and moved to amend the resolve to say Null and Void. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
9. Requesting the R.I. General Assembly to amend §44-5-76.1 of the General Laws entitled “Newport – Property tax classification - List of ratable property”
COUNCILOR CEGLIE moved to continue the resolution to a special meeting on May 1, 2023. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council and CITY SOLICITOR BEHAN. The motion to continue was VOTED UNANIMOUSLY.
10. Amending Chapter 8.12, entitled “Noise Abatement” to amend Section 8.12.010 entitled, Statement of Public Policy (Second Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
11. Amending Chapter 8.12, entitled “Noise Abatement” to amend Section 8.12.130 entitled, “Motorized Vehicles” (Second Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
12. Communication from Colleen Burns Jermain, Superintendent of Newport Schools, re: Request regarding required electrical services at Rogers High School
COUNCILOR CEGLIE moved to withdraw the communication. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
13. Updates from the City Manager- Police Enforcement Matters
CITY MANAGER NICHOLSON provided and update on enforcement of vehicle and motorcycle noise.
14. Action Item #6148/23 – RE: Proposal Award # 23-030 - Strategic Planning and Goal Setting Facilitation (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
15. Action Item #6149/23 – RE: Memorandum of Understanding – Newport Spring Project (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR HOLDER. CITY SOLICITOR BEHAN addressed the Council to provide an update on the agreement. The motion to approve was VOTED UNANIMOUSLY.
16. Action Item #6150/23 – RE: License Agreement - Conanicut Marine Services - Use of Perrotti Park Dock (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
17. Action Item #6151/23 – RE: Harbor Ordinance Revision-Renewal Schedule, Fee Increase and Date to Vacate (w/accompanying ordinance)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying ordinance. Seconded by COUNCILOR NAPOLITANO. Stephen Land, Harbormaster, addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY.
18. Action Item #6152/23 – RE: Ordinance Revision – 10.24.010. Parking Prohibited at all times. Yznaga Avenue. South Side, Beginning at Bellevue Avenue Extending Easterly 320 Feet (w/accompanying ordinance)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying ordinance. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council. Mark Brice, property owner, 2 Yznaga Ave., addressed the Council regarding the parking. COUNCILOR CARLIN moved to amend the ordinance to implement no parking on the entirety of Yznaga Ave. Seconded by COUNCILOR HOLDER and voted 4-2. COUNCILOR CARLIN moved to approve the ordinance as amended. Seconded by COUNCILOR CEGLIE and voted 4-2.
19. Action Item #6153/23 – RE: Supplemental Agreement Contract #22-018 - Janitorial Services (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
20. Action Item #6154/23 – RE: Award of Contract - Pavement Management System Professional Services (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
21. Action Item #6155/23 – RE: Supplemental Agreement #6 – RFP#19-007/18-CLG-3 – Newport City Hall Condition Assessment / Easton’s Beach Assessment (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
22. Action Item #6156/23 – RE: Rhode Island Resource Recovery Corporation – Solid Waste and Recycling Services Agreement (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
23. Action Item #6157/23 – RE: Amendment No. 4 - Engineering Services for Wellington Avenue Tide Gates (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO. Robert Schultz, Director of Utilities, addressed the Council regarding the communication. The motion to approve was VOTED UNANIMOUSLY.
24. Action Item #6158/23 – RE: Contract Award # 23-032 - Engineering Services for Newport Water Infrastructure Replacement Plan Update (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
ADDED ITEMS
RESOLUTIONS
25. Supporting House Bill 5788 which removes the 5 percent hotel tax to the Greater Providence-Warwick Convention and Visitors Bureau and redistributes the tax to the regional tourism district where hotel or residential unit is located – L. Ceglie
COUNCILOR CEGLIE introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council. The motion to approve was VOTED UNANIMOUSLY.
ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE COMMISSIONERS
1. Class F-1 Daily Liquor Licenses:
a. Newport Rugby Football Club, d/b/a NERFU Championship Rugby Tournament, Fort Adams State Park; May 6 and 7, 2023 from 8:00 a.m. to 8:00 p.m.
b. Newport Rugby Football Club, d/b/a Newport Summer 7’s Rugby Tournament, Fort Adams State Park; June 24 & 25, 2023 from 8:00 a.m. to 8:00 p.m.
COMMISSIONER CEGLIE moved to adopt the Consent Calendar in its entirety. Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.
Laura C. Swistak, CMC
City Clerk
COMMISSIONER CARLIN requested a moment of silence to honor Maryellen Goodwin.
Adjourn- 8:23 p.m.