CITY OF NEWPORT
MEETING
FEBRUARY 22, 2023
(Approved 3/22/2023)
The following items of business, filed with the City Clerk under the Rules of the Council, came before the Council at a meeting held on February 22, 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 |
| ANGELA MCCALLA | MARK ARMALI |
| LYNN UNDERWOOD CEGLIE | |
~Presentation of the certificate from A.A.R.P. R.I. Chapter accepting the Newport For All Ages Action Plan~
Catherine Taylor from A.A.R.P. R.I. Chapter presented the City Council with the Certificate accepting the City of Newport’s plan.
Citizens’ Forum:
Martin Cohen, 35 Kay St. addressed the Council regarding the proposed changes.
COUNCILOR CEGLIE moved to close the public hearing. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
a. Amending Section 17.112.030 (First Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on first reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
b. Amending Section 17.112.040 (First Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on first reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Bill Hogan, 35 Bayside Ave., addressed the Council regarding recommended road improvements.
COUNCILOR CEGLIE moved to close the public hearing. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
a. Minutes of the meeting held January 25, 2023 (Approve)
b. Special Events:
1. Newport/Fall River Star Kids Scholarship Program, d/b/a Star Kids Annual Fundraiser, Derby Time, Ochre Court; May 6, 2023 from 5:00 p.m. to 9:00 p.m.
2. Bowen’s Wharf Co., d/b/a Newport Oyster & Chowder Festival, Bowen’s Wharf and Market Square; May 20 & 21, 2023 from 11:00 a.m. to 6:00 p.m.
3. Gray Matter Marketing, d/b/a Newport 10 Miler, Fort Adams and Ocean Ave.; June 4, 2023 from 5:15 a.m. to 11:00 a.m.
4. Redwood Library & Athenaeum, d/b/a Summer Fundraiser, Redwood Library & Athenaeum; July 7, 2023 from 6:30 p.m. to 11:30 p.m.
5. Gray Matter Marketing, d/b/a Craft Brew Races Newport, Fort Adams State Park; July 22, 2023 from 10:00 a.m. to 4:00 p.m.
6. Gray Matter Marketing, d/b/a Amica Newport Marathon, beginning and ending at Easton’s Beach; October 8, 2023 from 5:00 a.m. to 3:30 p.m.
REMOVED 7. Fireworks Display -Andrew Goldberg, d/b/a YPO Family Weekend Fireworks Display, barge off Goat Island; 10-minute display, June 9, 2023 at 9:05 p.m. (3 of 8)
COUNCILOR CARLIN asked if the applicant was present to answer questions. Hearing none, COUNCILOR CARLIN moved to delay the application indefinitely. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
c. Tattoo License, Renewal-Owner/Operator, Bret Lohnes, d/b/a Captain Brets Tattoo Shop, Inc., 4 Collins St. Unit 4A
d. Communication from Coastal Resources Management Council, re: Application of the City of Newport for a State of Rhode Island Assent- Wellington Avenue, Plat 42 Lot 7, Newport Harbor (Receive)
e. 2022 Annual Report- Bicycle and Pedestrian Advisory Commission (Receive)
REMOVED f. Communication from Frank Landry, re: Resignation from the Housing Authority (Receive with regret)
REMOVED g. Communication from Mary Ann Marin, re: Resignation from the Waterfront Commission (Receive with regret)
COUNCILOR NAPOLITANO thanked Frank Landry and Mary Ann Marin for their work on the Commissions and move to receive the communications. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of items b(7), f and g. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
4. Mobile Food Cart, Renewal, The Newport Lobster Shack Group Cooperative, d/b/a Newport Lobster Shack, 150 Long Wharf- Continued from February 8, 2023
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO. The applicant addressed the Council regarding the location of the cart. City Solicitor Behan addressed questions from the Council. COUNCILOR CEGLIE moved to approve the license subject to the cart being removed each day. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
5. Mobile Food Truck (MFET), Renewals:
a. 1899, LLC, d/b/a La Costa Lobster and Tacos, 186 Bellevue Ave.
b. Wiener Wagon, LLC, d/b/a Wiener Wagon, 250 West Main Rd.
c. Amano, LLC, d/b/a A Mano Pizza & Gelato, 181 Bellevue Ave., #315
COUNCILOR CEGLIE moved to approve all Mobile Food Truck license renewals. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
6. Mobile Food Cart License (MFEC), Renewal, WW, Newport, LLC, d/b/a Wally’s Hot Dog Cart, 222 Bellevue Ave.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
7. Victualing License, Renewal, Monkey Business, LLC, d/b/a Hungry Monkey, The, 124 Broadway
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
8. Victualing License, New, Uptown Hospitality, LLC, d/b/a Mother Pizzeria, 49 Long Wharf Mall
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
9. Victualing License, New, 1899, LLC, d/b/a La Costa Lobster & Tacos, 515 Thames St.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
Council Liaison Updates
Appointments:
Bicycle and Pedestrian Advisory Commission- Adam Moore (5-year term expires 2/13/2027) Marissa Caito (5-year term expires 5/22/2024)
MAYOR KHAMSYVORAVONG moved to appoint Adam Moore and Marissa Caito to the Bicycle and Pedestrian Advisory Commission. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
Reappointments:
Bicycle and Pedestrian Advisory Commission: Eric Werblow – (5-year term expires 5/10/2027)
COUNCILOR CEGLIE moved to reappoint Eric Werblow to the Bicycle and Pedestrian Advisory Commission. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
Tree and Open Space Commission: Dennis Demers – (3-year term expires 12/12/2024)
COUNCILOR CEGLIE moved to reappoint Dennis Demers to the Tree and Open Space Commission. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
Board of Tax Appeals - Paul Tobak – (6-year term expires 11/1/2027);
COUNCILOR CEGLIE moved to reappoint Paul Tobak to the Board of Tax Appeals. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
Zoning Board of Review - Samuel Goldblatt - (5-year term expires 12/12/2027)
COUNCILOR ARAMLI recused.
COUNCILOR CEGLIE moved to reappoint Samuel Goldblatt to the Zoning Board of Review. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY (6-0).
11. Supporting House Bill H5300 – J. Napolitano, L. Ceglie
COUNCILOR NAPOLITANO introduced the resolution and moved for its passage. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
12. Street Safety- M. Aramli, L. Ceglie, C. Holder
COUNCILOR ARAMLI introduced the resolution and moved for its passage. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
13. Earth Day Celebration - A. McCalla, L. Ceglie, M. Aramli
COUNCILOR MCCALLA introduced the resolution and moved for its passage. Seconded by COUNCILOR CEGLIE. Emily Conklin addressed the Council on behalf of the Energy and Environment Commission. The motion to approve was VOTED UNANIMOUSLY.
14. Amending Section 4.08.120 of the Codified Ordinances, entitled, “Two Tier Tax Classification” (Second Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR CARLIN. COUNCILOR CARLIN questioned if a three family would also apply if used as a single residence. The motion to approve was voted 6-1 with COUNCILOR CARLIN opposed.
15. Amending Chapter 5.98 entitled, “Sidewalk Cafés, to add new Section, entitled, “Street Cafés” (First Reading)
COUNCILOR CEGLIE moved to continue the ordinance to March 8, 2023. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
16. Amending Chapter 2.68, entitled, Planning Board, to amend Section 2.68.020 entitled, “Composition-Officers-Compensation-Meetings” (First Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on first reading. Seconded by COUNCILOR NAPOLITANO. CITY SOLICITOR BEHAN addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY.
17. Boards and Commissions 2022 Annual Reports – Waterfront Commission, Energy and Environment Commission, Bicycle and Pedestrian Advisory Commission
Paul Harden, 222 Coggeshall Ave. addressed the Council on behalf of the Waterfront Commission.
Emily Conklin, 3 Bull St., addressed the Council on behalf of the Energy and Environment Commission.
Meg Dodge and Eric Werblow addressed the Council on behalf of the Bicycle and Pedestrian Advisory Commission.
18. Communication from the Rhode Island Infrastructure Bank, re: Aquidneck Island Regional Resilience
Jeffrey Diehle, CEO, R.I.I.B. and Paige Myatt, addressed the Council on behalf of the R.I. Infrastructure Bank to provide an update on Aquidneck Island projects.
19. Updates from the City Manager
CITY MANAGER NICHOLSON addressed the Council and provided an update on Short Term Rentals and the Two-Tier Tax application process.
20. Action Item #6132/23 – RE: Award of Bid #23-028 - Gateway Electric Service Separation (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 NAPOLITANO and VOTED UNANIMOUSLY.
1. Class F-1 Daily Liquor License, Sail Newport, d/b/a The Ocean Race, Newport, Fort Adams State Park; May 13-May 21, 2023 from 11:00 a.m. to 7:00 p.m.
2. Class F-1 Daily Liquor License, Sail Newport, Inc., d/b/a Newport Regatta, Sail Newport Sailing Center; July 7-9, 2023 from 4:00 p.m. to 8:00 p.m.
3. Class F-1 Daily Liquor License, Sail Newport Inc., d/b/a Sail for Hope, Newport Shipyard, 1 Washington St.; September 30, 2023 from 4:00 p.m. to 8:00 p.m.
4. Class F Daily Liquor License, Gray Matter Marketing, d/b/a Craft Brew Races Newport, Fort Adams State Park; July 22, 2023 from 12:00 p.m. to 4:00 p.m.
5. Class F Daily Liquor License, Gray Matter Marketing, d/b/a Amica Newport Marathon, Easton’s Beach; October 8, 2023 from 9:00 a.m. to 3:00 p.m.
COMMISSIONER CEGLIE moved to adopt the Consent Calendar in its entirety. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
6. Application of Uptown Hospitality, LLC d/b/a Uptown Hospitality, LLC, 4-8 Long Wharf Mall South, holder of a Class BV alcoholic beverage license to transfer the location to 49 Long Wharf Mall and change the d/b/a to Mother Pizzeria (Hearing)
Patrick Coyne, Esq. and Kevin O’Donnell addressed the Council regarding the application. COUNCILOR CEGLIE moved to close the public hearing and approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
7. Application of 1899, LLC, d/b/a Vanderbilt Room, The, 256 Maple Ave., holder of a Class BL alcoholic beverage license to transfer the location to 515 Thames St. and to change the d/b/a La Costa Lobster & Tacos (Hearing)
Johanna Vietry, 6 Dearborn St., addressed the Council to express concerns regarding the operation of the proposed restaurant. Matthew Lyons, Esq., addressed the Council to answer questions on behalf of the applicant. COUNCILOR CARLIN moved to continue the application and requested the applicant speak with the neighbors. Seconded by COUNCILOR CEGLIE and voted 4-3 with COUNCILOR CEGLIE, COUNCILOR ARAMLI and COUNCILOR HOLDER opposed.
8. Action Item #6131/23 – re: Show Cause Hearing: Bull Shot, LLC, d/b/a Cabana - Operating Without a Valid Class C Alcoholic Beverage License (Continued from February 8, 2023)
COMMISSIONER CEGLIE moved to continue the hearing to March 8, 2023. Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.
Laura C. Swistak
City Clerk
Adjourn- 8:58 p.m.