CITY OF NEWPORT

MINUTES FOR THE REGULAR CITY COUNCIL

MEETING

AUGUST 23, 2023

 

(Approved 9/27/23)

 

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 August 23, 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

MARK ARAMLI

 

LYNN UNDERWOOD CEGLIE

 

 

ABSENT

ANGELA MCCALLA

 

MAYOR KHAMSYVORAVONG moved to hear item No. 13 after the Consent Calendar.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

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 Boards and Commissions interviews held June 14, 2023 and June 20, 2023

 

b.   Special Events:

 

1.   Redwood Library & Athenaeum, d/b/a Annual Redwood Garden Party, Redwood Lawn; August 27, 2023 from 5:00 p.m. to 7:00 p.m.

 

2.   newportFILM, d/b/a newportFILM Documentary Screening, Cardines Field; September 7, 2023 from 5:00 p.m. to 10:00 p.m.

 

3.   Newport Restoration Foundation, d/b/a Doris Duke Preservation Awards, Rough Point; September 8, 2023 from 6:00 p.m. to 8:30 p.m.

 

4.   Newport Classical/RI Arts Foundation, d/b/a Newport Classical Community Concert, Miantonomi Park; September 10, 2023 from 10:00 a.m. to 4:00 p.m.

 

5.   Brittany Ripke d/b/a Newport Police w/ Lululemon Yoga (Charity Event), Long Wharf Courtyard in front of Lululemon; September 12, 2023 from 5:00 p.m. to 6:00 p.m. (Rain date – September 14, 2023)

 

6.   Boys & Girls Club of Newport County, d/b/a Growing Together, 95 Church St.; September 22, 2023 from 5:30 p.m. to 8:00 p.m.

 

7.   Newport String Project, d/b/a One to One/Concert, 82 Touro Street, 19 Touro Street, 7 Marcus Wheatland Blvd.; September 24, 2023 from 10:00 a.m. to 4:00 p.m.

 

8.   Audrain Concours Foundation, LLC, d/b/a 2023 Audrain Concours & Motor Week Welcome Reception, 28 Gammell Rd.; September 28, 2023 from 4:30 p.m. to 7:30 p.m.

 

9.   Broadway Street Fair, d/b/a Broadway Street Fair, Washington Square; October 14, 2023 from 12:00 p.m. through 5:00 p.m. (set up/break-down from 9:00 a.m. to 6:00 p.m.)

 

~ Street closure of Washington Square requested

 

10. A Wish Come True, Inc., d/b/a 20th Annual Polar Plunge, Easton’s Beach; January 1, 2024 from 9:00 a.m. to 1:00 p.m.

 

c.   Communication from Kathleen Brughelli, Newport County Prevention Coalition, re:  Request to a banner and flags on the front lawn of City Hall from August 28, 2023 through September 1, 2023 for National Opioid Overdose Awareness Day (Approve subject to details being worked out with city administration)

 

d.   Communication from Veronica Brown, Director of Experiences, Safe Harbor Newport Shipyard, re:  Request to add a vendor to the Newport Brokerage Boat Show September 14-17, 2023 from 12:00 p.m. to 5:00 p.m. (Approve)

 

e.   Communication from Bari Freeman, Executive Director, Bike Newport, re: Request for temporary use of the former Maher Center parking lot  (Receive and refer to city administration)

 

f.    Horse & Carriage License, Daily, New Deal Horse and Carriage, d/b/a New Deal Horse and Carriage, September 2, 2023 from 1:30 p.m. to 6:00 p.m. beginning at Hotel Viking to St. Mary’s Church and then from St. Mary’s Church to Rosecliff

 

g.   Communication from David J. Kane, Chairman, Newport Waterfront Commission, re: City Manager Search (Receive)

 

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

 

13. Memorandum from the City Manager – Update on Land Use Bills

 

Patricia Reynolds, Director of Planning & Zoning, addressed the Council to review the land use bills recently approved by the R.I. General Assembly. 

 

LICENSES AND PERMITS

 

2.   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 August 9, 2023

 

Attorney David Martland addressed the Council regarding proposed conditions to the license on behalf of the applicant. 

 

COUNCILOR CEGLIE moved to close the public hearing and approve the license with the conditions submitted by Attorney David Martland.  Seconded by COUNCILOR NAPOLITANO.   Discussion occurred among the Council.  The motion to approve was VOTED UNANIMOUSLY.

 

3.   APPOINTMENTS TO BOARDS AND COMMISSIONS

 

Council Liaison Updates

 

Appointments:

 

Historic Cemetery Advisory Commission:

 

Barbara Shea – Representative of the Preservation Society of Newport County (3-year term expires 8/23/2026)

 

MAYOR KHAMSYVORAVONG moved to appoint Barbara Shea as Representative of the Preservation Society.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

Theresa Stokes – Representative of the Rhode Island Black Heritage Society (3-year term expires 8/23/2026)         

    

MAYOR KHAMSYVORAVONG moved to appoint Theresa Stokes as Representative of the R.I. Black Heritage Society.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

Bert Lippincott – Representative of the Newport Historical Society (3-year term expires 8/23/2026)

 

MAYOR KHAMSYVORAVONG moved to appoint Bert Lippincott as Representative of the Newport Historical  Society.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

 

RESOLUTIONS

 

4.   Appointing Laura L. Sitrin as Interim City Manager

 

COUNCILOR CEGLIE moved to approve the resolution appointing Laura Sitrin as Interim City Manager.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

 

5.   Community Learning Centers Compact Municipal Grant Program – X. Khamsyvoravong, M. Aramli, J. Napolitano, L. Ceglie, D. Carlin, C. Holder, Jr.

 

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

 

6.   Newport Harbormaster’s Building – D. Carlin, X. Khamsyvoravong, L. Ceglie, J. Napolitano, C. Holder, Jr.

 

COUNCILOR CEGLIE introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO.  At the request of COUNCILOR CARLIN, the CITY CLERK read the resolution into the record.  Dan Titus, President, Local NEA 840, addressed the Council to thank the Council for the recognition.  The motion to approve was VOTED UNANIMOUSLY.

 

7.   Mobile Food Establishments on Wellington Ave. – D. Carlin, C. Holder, Jr., J. Napolitano

 

COUNCILOR CARLIN introduced the resolution and moved for its passage.  Seconded by  COUNCILOR NAPOLITANO.  Discussion occurred among the Council.  Ross Freeman, addressed the Council regarding the area for food trucks.   The motion to approve was VOTED UNANIMOUSLY.

 

8.   Road Dividers – D. Carlin

 

COUNCILOR CARLIN introduced the resolution and moved for its passage.  Seconded by COUNCILOR CEGLIE.  Discussion occurred among the Council.  Patricia Reynolds, Director of Planning & Zoning, addressed the Council regarding the change as it relates to the Transportation Master Plan.   Ryan Duffy, Police Chief, addressed the Council regarding delivery trucks on Americas Cup Ave.

 

COUNCILOR CEGLIE moved to amend the resolution to include requesting the R.I. Department of Transportation to review the crosswalk opposite Bannisters Wharf.  Seconded by COUNCILOR  CARLIN and voted 5-1 with COUNCILOR NAPOLITANO opposed.

 

COUNCILOR CARLIN moved to approve the resolution as amended.  Seconded by COUNCILOR

CEGLIE and VOTED UNANIMOUSLY.

 

ORDINANCES

 

9.   Amending Chapter 10.72 of the Codified Ordinances, entitled, “Bicycles” (Second Reading)

 

COUNCILOR HOLDER introduced the ordinance.  CITY SOLICITOR BEHAN addressed the Council to review the amendments put forth by his office.  COUNCILOR HOLDER moved to amend Section 10.72.080 to add that all rental agencies must have bicycle renters sign an affidavit stating they have read and understand the ordinances.  Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.

 

COUNCILOR HOLDER moved to amend the ordinance by adding the suggestions put forth by the City Solicitor.  Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.

 

Jack Milburn, addressed the Council regarding electric scooters and the need for regulation.

 

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

 

COMMUNICATIONS

 

10. Communication from Gregg M. Amore, Secretary of State, re:  RI250 Commission

 

Lauren Fogarty representing the R.I. Secretary of State addressed the Council to provide information regarding the RI250 Commission.

 

11. Communication from Michael L. Mineau, Esq, re:  Pickleball Courts at Hunter Park

 

COUNCILOR CEGLIE moved to receive the communication.  Seconded by COUNCILOR NAPOLITANO.  Michael Mineau, Esq., addressed the Council regarding pickleball courts.  The motion to receive was VOTED UNANIMOUSLY.

 

12. Communication from the City Solicitor concerning City/School authority/responsibilities

 

CITY SOLICITOR BEHAN addressed the Council to review his findings.  Discussion occurred among the Council and City Solicitor Behan. COUNCILOR NAPOLITANO requested a list of the School Building Committee members.  MAYOR KHAMSYVORAVONG moved to receive the communication.  Seconded by COUNCILOR NAPOLTIANO and VOTED UNANIMOUSLY.

 

COMMUNICATIONS FROM THE CITY MANAGER

 

13. Memorandum from the City Manager – Update on Land Use Bills

 

Moved to the beginning of the meeting following item No. 1 Consent Calendar.

 

14. Action Item #6194/23 – RE:  Second Amendment to Lease Agreement – Gateway Center - Save the Bay (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 #6195/23 – RE:  Award of Bid # 24-002 - Standard LX (Diesel) – VMT (RH) Valve Maintenance Trailer (w/accompanying resolution)

 

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

 

16. Action Item #6196/23 – RE:  Award of Contract - Roadway Crack Sealing Project (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 #6197/23 – RE: Ordinance Revision – 10.56.010. – One-way streets designated. - Beacon Court (w/accompanying ordinance)

 

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

 

 

Laura C. Swistak, CMC

City Clerk

 

Adjourn- 8:26 p.m.

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