CITY OF NEWPORT
MEETING
FEBRUARY 8, 2023
(Approved 2/22/2023)
The following items of business, filed with the City Clerk under the Rules of the Council, came before the Council at a meeting to be held on February 8, 2023 at 6:30 p.m. in the City Council Chambers, City Hall, 43 Broadway, Newport, RI 02840.
PLEDGE OF ALLEGIANCE TO THE FLAG
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 meeting held January 11, 2023 (Approve)
b. Special Events
1. Common Fence Music Co., d/b/a Newport Live-Newport Live Presents Teddy Thompson, solo acoustic, La Farge Arts Center, 73 Pelham St.; February 24, 2023 from 7:30 p.m. to 9:30 p.m.
2. Newport Elks Lodge #104, d/b/a Yard Sale, 141 Pelham St.; February 25 & 26, 2023 from 10:00 a.m. to 2:00 p.m.
3. Cystic Fibrosis Foundation MA-RI Chapter, d/b/a Great Strides Walk to support Cystic Fibrosis Foundation, Brenton Point State Park; May 20, 2023 from 6:30 a.m. to 1:30 p.m.
4. R.I. Arts Foundation at Newport, Inc., d/b/a Newport Classical Music Festival, Castle Hill Mansion and Inn; July 18, 2023 from 7:30 p.m. to 9:30 p.m.
5. International Tennis Hall of Fame, d/b/a Infosys Hall of Fame Open, International Tennis Hall of Fame; July 16-23, 2023 from 10:00 a.m. to 6:00 p.m.
6. International Tennis Hall of Fame, d/b/a International Tennis Hall of Fame Welcome Reception, Ochre Court; July 21, 2023 from 7:00 p.m. to 11:00 p.m.
7. Historic Wharves Associates, d/b/a Newport International Boat Show, The Bohlin, Market Square and several other locations (plan attached); September 14-17, 2023, Thursday through Saturday from 10:00 a.m. to 6:00 p.m. and Sunday from 10:00 a.m. to 5:00 p.m.
c. 2022 Boards and Commissions Annual Reports:
1. Henderson Home
2. Affirmative Action Commission
3. Trust and Investment Commission
d. Communication from the Waterfront Commission, re: Requesting the City Council to support 2023-H5230 introduced by Representative Lauren Carson regarding the regulation of house boats (Receive)
e. Communication from the Historic Cemetery Advisory Commission, re: Common Burying Ground traffic and parking (Receive and refer to city administration for a recommendation)
f. Annual Comprehensive Financial Report, re: Year ended June 30, 2022 (Receive) https://www.cityofnewport.com/city-hall/departments/finance/budgets-cafrs-cips-annual-performance-reports
REMOVED g. Recommended Capital Improvement Program FY2024-FY2028 (Receive and order advertised for February 22, 2023)
h. Communication from Melanie Saunders, Community Program Manager, Dr. Martin Luther King Jr. Community Center, re: Notification of change in date for previously approved Live from the Loading Dock Concert Series (Approve)
COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of item g. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
2. Pedicab Business License, Renewal, Justin Richardson, d/b/a Newport Pedicab- 2 pedicabs- valid May 1, 2023 through April 30, 2025
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
3. Special Event License, Audrain Automobile Museum, d/b/a 2023 Audrain Newport Concours & Motor Week; September 28, 2023 through October 1, 2023 (various locations throughout the city)
*Events proposed at Hilltop, 2 Kay Street, are subject to Zoning Board Approval*
a. Street Closure - request closure of Bellevue Avenue between William St. and Bowery St. on September 30, 2023 from 11:00 a.m. to 2:00 p.m.
b. Golf Carts - request to use on the following City streets- Gammell Road, Bellevue Ave., East Bowery St., Annadale Rd., Narragansett Ave., Ochre Point Ave., Sheppard Ave. and Ruggles Ave.
c. Banner – request to hang a banner between the Midtown Oyster Bar and The Red Parrot Restaurant from September 22, 2023 through October 2, 2023 advertising the event.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
4. Victualing License, Renewal, Ducket’s, Inc., d/b/a Colonial Restaurant, 175 Memorial Blvd., Easton’s Beach Rotunda
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO. CITY MANAGER NICHOLSON answered questions from Council Members regarding the condition of the building. The motion to approve was VOTED UNANIMOUSLY.
5. Mobile Food Cart, Renewal, The Newport Lobster Shack Group Cooperative, d/b/a Newport Lobster Shack, 150 Long Wharf
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO. Tim Faria, Brick Market Condominiums. Addressed the Council regarding concerns the shack is not removed nightly as required.
COUNCILOR MCCALLA moved to continue the application and require the application to be present. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
Council Liaison Updates
Council McCalla provided an update on the Tree and Open Space Commission.
Appointments:
Tree and Open Space Commission- William Willis - (3-year term expires 3/27/2026)
MAYOR KHAMSYVORAVONG moved to appoint William Willis to the Tree and Open Space Commission. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
ADDED ITEM:
Trust & Investment Commission – Meg Dodge (5-year term expires 10/13/2025)
MAYOR KHAMSYVORAVONG moved to appoint Meg Dodge to the Trust and Investment Commission. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Historic District Commission – 3 vacancies/5 applicants-Dale Nelson, John Laramee, Jerrell Angell, Edward Williams, and William Finlay
3-year term expires 2/3/2026
3-year term expires 2/3/2026
3-year term expires 3/11/2026
Reappointments:
Planning Board- Jeff Brooks - (3-year term expires 10/31/2025)
MAYOR KHAMSYVORAVONG moved to reappoint Jeff Brooks to the Planning Board. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
7. Requesting the City Administration to Review Short Term Rentals- D. Carlin, X. Khamsyvoravong, M. Aramli
COUNCILOR CARLIN introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
8. Requesting the City Administration to provide a comprehensive review of the City’s Zoning Code- L. Ceglie, M. Aramli, X. Khamsyvorvong, C. Holder, D. Carlin
COUNCILOR CEGLIE introduced the resolution and moved for its passage. Seconded by COUNCILOR CARLIN and VOTED UNANIMOULSY.
9. Requesting a comprehensive review of the City’s Zoning and Historical Zoning ordinances- M. Aramli, X. Khamsyvoravong, C. Holder, D. Carlin
COUNCILOR ARAMLI introduced the resolution and moved for its passage. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
10. Requesting the City Administration, Planning Board, Zoning Board and Historic District Commission to provide ordinances and policies which would create accessory dwelling units - M. Aramli, X. Khamsyvoravong, C. Holder, D. Carlin
COUNCILOR ARAMLI introduced the resolution and moved for its passage. Seconded by COUNCILOR HOLDER. COUNCILOR NAPOLITANO requested parking be considered and COUNCILOR HOLDER suggested sewer and water issues be addressed as well. The motion to approve was VOTED UNANIMOUSLY.
11. Requesting the City to consider reopening the RFP for Coggeshall School and provide a list of vacant buildings in Newport and the potential for redevelopment- X. Khamsyvoravong, D. Carlin
MAYOR KHAMSYVORAVONG introduced the resolution and moved for its passage. Seconded by COUNCILOR CEGLIE.
12. Amending Section 3.16.060, entitled, “Executive, Administrative and Professional Employees, Supervisory Employees-N.E.A., Council 94 Employee, Police Division and Fire Division”, to amend the Fraternal Order of Police (Second Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
13. Amending Section 4.08.120 of the Codified Ordinances, entitled, “Two Tier Tax Classification” (First Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on first reading. Seconded by COUNCILOR NAPOLITANO. CITY SOLICITOR BEHAN addressed the Council regarding the proposed amendments. The motion to approve was VOTED UNANIMOUSLY.
14. Boards and Commissions 2022 Annual Reports - Planning Board, Zoning Board of Review, Historic District Commission, Board of Tax Appeals
Jeff Brooks, Chair, Planning Board, addressed the Council to answer questions.
Samuel Goldblatt, Chair, Zoning Board, addressed the Council to answer questions.
Karl Andy Bjork, Chair, Historic District Commission, addressed the Council to answer questions.
15. Action Item #6123/23 – re: Award of Contract - Proposal - Multi-Year July 4th Fireworks Display (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
16. Action Item #6124/23 – re: Department of the Navy - Motorcycle Safety Training Course (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by MAYOR KHAMSYVORAVONG and VOTED UNANIMOUSLY.
17. Action Item #6125/23 – re: RFQ #23-006 Floating Solar RFQ - Floating Solar Option Agreement (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 to answer questions. The motion to approve was VOTED UNANIMOULSY.
18. Action Item #6126/23 – re: Change Order 1A – Contract #22-039 - Water Distribution System Improvements Project (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
19. Action Item #6127/23 – re: Amendment No. 4 – Contract # 16-030 - Design of Water Distribution System Improvements and Construction Administration 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 #6128/23 – re: Award of Contract for 2023 Statistical Update (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR HOLDER and VOTED UNANIMOULSY.
1. Class F Daily Liquor License, Newport Live Presents Teddy Thompson, Solo Acoustic, La Farge Arts Center, 73 Pelham St.; February 24, 2023 at 7:30 p.m. to 9:30 p.m.
2. Communication from Albert Bouchard, III, President, Restaurant Bouchard, Inc., re: Notification changing d/b/a from Restaurant Bouchard & TSK at the Revolving Door Restaurant to Chanterelle Restaurant & TSK at the Revolving Door Restaurant (Receive and make par to of licensee’s file)
3. Communication from 1899, LLC, d/b/a Wally’s Wiener’s, er: Notification of change to operating hours (Receive and make part of licensee’s file)
4. Communication from Peter J. Petrarca, Esq. on behalf of Marriott Hotel Services, Inc., re:Notification of conversion for corporate entity status (Receive and make part of licensee’s file)
COMMISSIONER CEGLIE moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
5. Action Item #6130/23 – RE: Show Cause Hearing: Old Battle Axe, Inc., d/b/a The Reef – Operating Without a Valid Class BV Alcoholic Beverage License
COMMISSIONER CEGLIE moved to withdraw the hearing as the licensee is now compliant. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
6. Action Item #6131/23 – RE: Show Cause Hearing: Bull Shot, LLC, d/b/a Cabana - Operating Without a Valid Class C Alcoholic Beverage License
COMMISSIONER CEGLIE moved to continue the hearing to February 22, 2023. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
Adjourn- 8:28 p.m.