CITY OF NEWPORT

MINUTES FOR THE REGULAR CITY COUNCIL

MEETING

AUGUST 9, 2023

(Approved 9/13/2023)

 

The following items of business, filed with the City Clerk under the Rules of the Council, will come before the Council at a meeting to be held on August 9, 2023 at 6:30 p.m., Innovate Newport, Conference Hall, 513 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

 

 

Citizens’ Forum

 

Lola Herrera-Ximenez, 59 Bedlow Ave., re:  Flooding

Bari Freeman, 34 Frienship St., re:  Festival bikes

Josh Forgacs, 10 Hillside Ave., re:  Flooding

 

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 meeting held July 12, 2023

 

b.   Special Events:

 

1.   Sail Newport, d/b/a/ 40th Anniversary Fundraiser, 72 Fort Adams Dr.; August 10, 2023 from 6:00 p.m. to 10:00 p.m.

 

2.   Ernest E. Simmons, d/b/a Inspiration, Martin Recreation Center; August 15, 2023 from 6:00 p.m. to 9:00 p.m.

 

3.   Newport Community School, d/b/a Back to School Event, Elks Lodge #104; September 5, 2023 from 3:00 p.m. to 5:00 p.m.

 

4.   Arts and Cultural Alliance of Newport County, d/b/a Gillispalooza- a Memorial Concert for Jim Gillis, King Park; September 16, 2023 from 2:00 p.m. to 6:00 p.m. (rain date- September 17, 2023)

 

REMOVED  5.   Bike to the Beach, Inc. (The ADD Impact Network), d/b/a Bike to the Beach- New England (route attached); September 23, 2023 from 12:00 p.m. to 4:00 p.m.

 

COUNCILOR CEGLIE moved to approve the license.  Seconded by COUNCILOR HOLDER.  COUNCILOR HOLDER had questions for the applicant.  Bari Freeman, addressed the Council to answer questions.  The motion to approve was VOTED UNANIMOUSLY.

 

6.   Sail Newport, d/b/a Sail for Hope, Newport Shipyard; September 30, 2023 from 4:00 p.m. to 8:30 p.m.

 

7.   Bowen’s Wharf Co., d/b/a 32nd Annual Bowen’s Wharf Seafood Festival, Bowen’s Wharf & Market Square; October 14-15, 2023 from 11:00 am to 6:00 p.m.

 

~ Request to close Market Square

 

8.   Bowen’s Wharf Company, d/b/a 53rd Annual Bowen’s Wharf Christmas Tree Lighting, Bowen’s Wharf; December 2, 2023 from 12:00 p.m. to 8:00 p.m. (Rain date – December 3, 2023)

 

c.   Holiday Selling License, Renewal, Rochelle’s Inc., d/b/a Rochelle’s of Newport, 381 Thames St.

 

d.   Holiday Sellling License, Renewal, Francesca’s Collections, Inc., d/b/a Francesca’s, 15 Long Wharf Mall

 

e.   Holiday Selling License, Renewal, Brahmin Leather Works LLC, d/b/a Brahmin, 22 Bannisters Wharf

 

REMOVED  f.   Communication from Bike Newport, re:  Notification of adding 21 bicycles to the rental fleet (Receive and make part of licensee’s file)

 

COUNCILOR MCCALLA recused.

 

COUNCILOR CEGLIE moved to receive the communication.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

g.   Communication from Mark Fiorey, CMC, USN (Ret.), re: Change of date – previously approved event, Cardines Classic Army/Navy Baseball Game at Cardines Field from September 22, 2023 (Rain date – September 29, 2023) to September 29, 2023 (Rain date – October 6, 2023)

 

COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of items b (5) and f.  Seconded by COUNCILOR NAPOLITANO.  COUNCILOR CARLIN asked if there were any representatives present for item b(1).  The motion to approve was VOTED UNANIMOUSLY.

 

LICENSES AND PERMITS

 

2.   Victualing License, New Location, Brian Holder, d/b/a 12 Metre Café, 462 Thames St.

 

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

 

3.   Entertainment License, New, Bloody Bull, LLC, d/b/a Gardiner House, 24 Lee’s Wharf to have entertainment Sunday through Saturday, indoors, first and second floors from 11:00 a.m. to 1:00 a.m. and outdoors on the lawn and second floor deck from 11:00 a.m. to 11:00 p.m. (Hearing)- Continued from July 26, 2023

 

COUNCILOR CEGLIE moved to continue the application to August 23, 2023.  Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.

 

4.   APPOINTMENTS TO BOARDS AND COMMISSIONS

 

Council Liaison Updates

 

COUNCILOR NAPOLITANO provided an update thanking the Newport Yacht Club for sponsoring Gold Star children.

 

MAYOR KHAMSYVORAVONG provided an update on the Aquidneck Island Planning  Commission and an update on the Strategic Plan

 

Appointments:

 

RESOLUTIONS

 

5.   Public Sculpture Commission – L. Ceglie, J. Napolitano, X. Khamsyvoravong

 

MAYOR KHAMSYVORAVONG introduced the resolution and moved for its passage.  Seconded by COUNCILOR NAPOLITANO.  Discussion occurred among the Council.  COUNCILOR MCCALLA moved to vote on the inclusion of the Columbus Statue separately.   Seconded by COUNCILOR NAPOLITANO.  The motion failed 1-6 with COUNCILOR MCCALLA in favor and MAYOR KHAMSYVORAVONG, COUNCILOR NAPOLITANO, COUNCILOR CARLIN, COUNCILOR MCCALLA, COUNCILOR CEGLIE and COUNCILOR HOLDER opposed.

 

The motion to adopt the resolution was voted 6-1 with COUNCILOR MCCALLA opposed.

 

ORDINANCES

 

6.   Amending Chapter 10.20 of the Codified Ordinances, entitled, “Parking Generally” to amend Section 10.20.180, entitled, “Establishment of parking meter areas” (Second Reading)

 

COUNCILOR CEGLIE moved to approve the ordinance.  Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.

 

7.   Amending Chapter 10.72 of the Codified Ordinances, entitled, “Bicycles” (First Reading)- Continued from July 26, 2023

 

COUNCILOR CEGLIE moved to adopt the ordinance on first reading.  Seconded by COUNCILOR NAPOLITANO.  Discussion occurred among the Council and CITY SOLICITOR BEHAN.  The following members from the public addressed the Council:

 

Adam Moore

Bari Freeman

 

COUNCILOR ARAMLI moved to amend the ordinance to strike all references in Section 10.72.030 relating to  registration required” and requested the process be opt in only and further to strike Section 10.72.040 in its entirety.  Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

 

MAYOR KHAMSYVORAVONG moved to amend 10.72.060 (H) to add a period after “No person may operate a bicycle on a sidewalk”.  Seconded by COUNCILOR MCCALLA. The motion failed 2-5 with MAYOR KHAMSYVORAVONG and COUNCILOR MCCALLA in favor and COUNCILOR HOLDER, COUNCILOR CARLIN, COUNCILOR CEGLIE, COUNCILOR NAPOLITANO and COUNCILOR ARAMLI opposed.

 

COUNCILOR CEGLIE moved to approve the ordinance as amended.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

8.   Amending Chapter 5.12 of the Codified Ordinances, entitled, “Alcoholic Beverage Licenses”, to amend Section 5.12.40, entitled, “Number of Licenses Permitted” to increase the number of Class BH licenses (Second Reading)

 

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

 

9.   Amending Chapter 3.12 of the Codified Ordinances entitled, “Personnel”, to amend Sections 3.12.020, entitled, “Classification Plan for Executive Administration and Professional Employees; Classification Plan for Supervisory Employees- N.E.A. and the Classification Plan for Non-supervisory Council 94 Employees” (Second Reading)

 

COUNCILOR CEGLIE moved to adopt the ordinance on second reading.  Seconded by COUNCILOR NAPOLITANO.  Robert Schultz, Director of Utilities, addressed the Council to provided information on the new positions.  The motion to approve was VOTED UNANIMOUSLY.

 

10. Amending Chapter 3.16 entitled, “Pay Plan”, to amend Section 3.16.070, entitled, “Pay Schedule for Part-time, Temporary and Unclassified Services” (Second Reading)

 

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

 

COMMUNICATIONS FROM THE CITY MANAGER

 

11. Action Item #6191/23 – RE:  Martin Recreation Center Gymnasium Wall Pad Replacement (w/accompanying resolution)

 

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

 

12. Action Item #6192/23 – RE:   Contract - Save the Bay Dockage at Perrotti Park (w/accompanying resolution)

 

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution.   Seconded by COUNCILOR NAPOLITANO.  Discussion occurred among the Council regarding the agreement.  Stephen Land, Harbormaster, addressed the Council to answer questions.  CITY SOLICITOR BEHAN addressed the Council.  MAYOR KHAMSYVORAVONG moved to amend the resolution to direct the City Solicitor to change the contract by removing the word “excursions” and replacing it with “educational marine science programs” and “educational seal watch programs”.   Seconded by COUNCILOR ARAMLI and VOTED UNANIMOUSLY.

 

MAYOR KHAMSYVORAVONG moved to approve the resolution as amended.   Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

13. Action Item #6193/23 – RE:   Award of Contract - King Park Dinghy Dock Expansion Project (w/accompanying resolution)

 

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution.   Seconded by COUNCILOR NAPOLITANO.  Stephen Land, Harbormaster, addressed the Council regarding the dock expansion.  The motion to approve was VOTED UNANIMOUSLY.

 

MAYOR KHAMSYVORAVONG recognized Joseph J. Nicholson, CITY MANAGER for his service to the city.

 

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-1 Daily Liquor Licenses, Sail Newport, d/b/a 40th Anniversary Fundraiser, 72 Fort Adams Dr.; August 10, 2023 from 6:00 p.m. to 10:00 p.m.

 

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

 

Laura C. Swistak, CMC

City Clerk

 

Adjourn- 8:21 p.m.

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