CITY OF NEWPORT

MINUTES FOR THE REGULAR CITY COUNCIL

MEETING

DECEMBER 13, 2023

(Approved 01/10/2024)

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 December 13, 2023 at 6:30 p.m., City Hall, Council Chambers, Newport, RI 02840

The CITY CLERK called the Roll and the following members were present:

XAY KHAMSYVORAVONG

LYNN UNDERWOOD CEGLIE

JEANNE MARIE NAPOLITANO

DAVID CARLIN

MARK ARAMLI

CHARLIE HOLDER

ABSENT

ANGELA MCCALLA

~Proclamation in recognition of RHS Girls Soccer team State Championship win~

MAYOR KHAMSYVORAVONG read the proclamation into the record and presented it to the Rogers High School team members.

Citizens’ Forum:

1. PUBLIC HEARING: Proposed Amendments to the Zoning Ordinance:

Define “Major Recreational Event” and Temporary Accessory Use for a Major Recreational Event; establishing zones in which they are permitted by right; allowing temporary signage for such event; and establishing conditions for a major recreational event- 2024 U.S. Senior Open at the Newport Country Club:

COUNCILOR CEGLIE moved to close the public hearing. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOULSY.

· Recommendation from the Planning Board;

· Ordinance amending Chapter 17, Sections 17.08.010, Definitions; Section 17.44.020A, R-120 Residential District; Section 17.48.020A, R-160 Residential District; Section 17.70.020A, Recreational District; Section 17.76.110, Signs Permitted in All Areas; Chapter 17.100, Development Standards (First Reading)

COUNCILOR CEGLIE moved to amend the ordinance, Section 7, to change the date from August 15, 2020 to August 15, 2024. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

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

2. 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 October 25, 2023 and November 8, 2023 (Approve)

b. Special Events:

1. 1899, LLC, d/b/a/ La Forge Casino Restaurant, d/b/a Holiday Party and Market, 186 Bellevue Ave.; December 20, 2023 from 5:00 p.m. to 9:00 p.m.

REMOVED 2. Bethany DiNapoli, d/b/a Christmas Eve Luminaria, streets of Newport, December 24-25, 2023 from 4:30 p.m. to 2:00 a.m.

Bethany DiNapoli addressed the Council to provide information regarding the event. COUNCILOR NAPOLITANO moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

3. Newport Art Museum, d/b/a Newport Art Museum/Art Association, Winter Speaker Series 2024, Newport Art Museum; 1/13/24, 1/20/24, 1/27/24, 2/3/24, 2/10/24, 2/17/24 from 2:00 p.m. to 4:00 p.m.

4. Michelle Leys, d/b/a My Best Friends Closet Consignment Sale, The Elks, 141 Pelham St.; 4/18/24-4/21/24, from 5:00 p.m. to 8:00 p.m., 10:00 a.m. to 7:00 p.m., 10:00 a.m. to 5:00 p.m. and 10:00 a.m. to 3:00 p.m.

5. Leonard Institute for Livable Cities, d/b/a “Making Cities Livable: The Ecology of Place: From Research Into Communication”, 115 Narragansett Ave.; April 26-28, 2024 from 6:00 p.m. to 8:00 p.m. and 8:00 a.m. to 8:00 p.m.

6. Historic Music of Newport, d/b/a, The Rhode Island Wind Ensemble at Touro Park:

· The Rhode Island Wind Ensemble - June 2, 2024 from 2:00 p.m. to 6:00 p.m.

· The Lafayette Band - June 23, 2024 from 2:00 p.m. to 6:00 p.m.

· Bristol Fife & Drum and the Providence Brigade Band - July 7, 2024 from 1:00 p.m. to 5:00 p.m.

· The American Band – July 21, 2024 from 2:00 p.m. to 6:00 p.m.

7. Michelle Leys, d/b/a My Best Friends Closet Consignment Sale, The Elks, 141 Pelham St.; 11/7/24-11/10/24, from 5:00 p.m. to 8:00 p.m., 10:00 a.m. to 7:00 p.m., 10:00 a.m. to 5:00 p.m. and 10:00 a.m. to 3:00 p.m.

c. Arcade License, Renewal, Ryan Family Amusements Inc., d/b/a Ryan Family Amusements, 268 Thames St. (48 machines)

d. Mechanical Amusement Device, Renewal, Newport Music Co., 849 Union St., Portsmouth, RI (13 locations, 22 machines)

e. Pool Table, Renewal, Atlas Vending, Inc., 1106 North Main St., Providence, R.I. (1 table)

f. Billiard Table, Renewal, Finnbar Murray, Fastnet Pub, 1-3 Broadway (1 table)

g. Horse & Carriage License, Daily, New Deal Farm of Exeter, d/b/a New Deal Horse & Carriage, December 22, 2023 from 1:30 p.m. to 4:00 p.m., from The Vanderbilt to St. Mary’s Church and return (route attached)

h. Tattoo License Renewal, Owner/Operator, David Bennett, d/b/a Sitting Bull Tattoo, LLC, 136A Thames St.

i. Communication from Eric Martin, re: Resignation from the Aquidneck Island Planning Commission (Receive with regret)

COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of item b(2). Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

LICENSES AND PERMITS

3. Entertainment License, New, Class A (indoor) Karen Pinelli, d/b/a Provence Sur Mer, 39 Touro St. (Second Hearing)

COUNCILOR CARLIN moved to close the public hearing and approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

4. Entertainment License, New, Class A (indoor) Boru Noodles, LLC, d/b/a Boru Noodle Bar, 36 Broadway and 51-53 Marlborough St. to have entertainment Tuesday through Sunday from 12:00 p.m. to 10:00 p.m. (Hearing)

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

5. Entertainment License, New, Class A (indoor) & Class B (outdoor), The Quencher Newport, LLC, d/b/a The Quencher Newport, 95 Long Wharf, indoors Sunday through Saturday from 12:00 p.m. to 12:30 a.m. and second floor deck Saturdays and Sundays from 1:00 p.m. to 5:00 p.m. (Hearing)

COUNCILOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

6. 2023-2024 Victualing License Renewals for liquor and non-liquor establishments (list attached)

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

7. APPOINTMENTS TO BOARDS AND COMMISSIONS

Appointments

Newport Housing Authority - Kevin Beesley (5 year term expires 7/14/2026)

MAYOR KHAMSYVORAVONG moved to appoint Kevin Beesley to the Newport Housing Authority. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

RESOLUTIONS

8. Requesting the City of Newport’s Legislative Delegation to introduce enabling legislation allowing the City of Newport to enact ordinances permitting the city to regulate the uses of e-bikes and e-scooters within the City of Newport - D. Carlin, J. Napolitano

COUNCILOR CARLIN introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council and CITY SOLICITOR BEHAN. Bari Freeman, Bike Newport, addressed the Council regarding e-bikes and safety. The motion to approve the resolution was VOTED UNANIMOUSLY.

9. State Zoning Laws- D. Carlin

COUNCILOR CARLIN introduced the resolution and moved for its passage. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

ORDINANCES

10. Title 2, entitled, “Administration” and Title 17, entitled, “Zoning” (Second Reading)

COUNCILOR CEGLIE moved to approve the ordinances, items a through k on second reading. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

a. Chapter 2.68, entitled, “Planning Board”

b. Chapter 17.08, entitled, “Definitions”

c. Chapter 17.12, entitled, “Establishment of Districts”

d. Chapter 17.14, entitled, “Permitted Uses”

e. Chapter 17.72, entitled, “Substandard Lots and Nonconforming Uses”

f. Chapter 17.100, entitled, “Development Standards”

g. Chapter 17.104, entitled, “Parking and Loading Standards”

h. Chapter 17.108, entitled, “Variances and Special Uses”

i. New Chapter 17.109, entitled, “Special Use Permits” New- (First Reading)

j. New Chapter 17.110, entitled, “Unified Development Review”

k. Chapter 17.120, entitled, “Amendments to the Zoning Code”

COMMUNICATIONS FROM THE CITY MANAGER

11. Action Item #6220/23 – re: Memorandum of Agreement – City of Newport and Town of Middletown Community Learning Center Grant (w/accompanying resolution)