CITY OF NEWPORT
MEETING
JULY 26, 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 July 26, 2023 at 5:30 p.m. in the City Council Chambers, City Hall, 43 Broadway, Newport, RI 02840 *Pell Elementary School, Cafeteria, 35 Dexter St., Newport, RI 02840.
Citizens’ Forum
Pete Rice, 1 Harrison Lane- maps
Pat Caine, 421 Bellevue Ave.- S. Waluk’s service
1. Rogers High School Building Project (excavated soil)- D. Carlin - continued from June 28, 2023
· Update from R.I. Department of Environmental Management
MAYOR KHAMSYVORAVONG moved to approve the resolution. Seconded by COUNCILOR CEGLIE. Ashley Blauvelt, P.E., from R.I. Department of Environmental Management presented information to the Council. Tim Thies, PARE Corp., addressed the Council to provide information regarding ground samples and testing. Lengthy discussion occurred among the Council, Ms. Blauvelt and Mr. Thies. Colleen Burns Jermain addressed the Council. Aleita Hall, Gilbane Construction, addressed the Council to answer questions about the project.
The following members from the public addressed the Council:
John Greichen, Harrison Ave.
Mary Knapp, 5 Sullivan St.
Elizabeth Nittman, 10 Sullivan St.
Jeff Diffenbach, 13 Norman St.
Aida Neary, 36 Newport Ave.
Louisa Boatwright, 46 Second St.
Rebecca Bolan, 4 Channing St.
Amy Machado, 15 Burdick Ave.
*8:10 p.m. adjourn for five-minute break*
*8:18 p.m. reconvened
Discussion continued among the Council, Mr. Thies, Ms. Hall, Ms. Jermain, City Manager Nicholson and Ms. Blauvelt.
COUNCILOR CARLIN moved to amend the resolution by striking all resolves and adding a new resolve stating, The City Council directs the City Manager to contract with a non-governmental soil consultant to do additional testing and further, any additional dumping be halted until such results are returned to the City Manager and shared with the City Council. Further, there is to be no further dumping on the property. Seconded by COUNCILOR HOLDER. COUNCILOR MCCALLA moved to separate the two resolves and vote on each separately. Seconded by COUNCILOR CEGLIE. The motion failed 2-5 with MAYOR KHAMSYVORAVONG, COUNCILOR HOLDER, COUNCILOR CARLIN, COUNCILOR ARAMLI opposed.
The motion to amend the resolution was voted 5-2 with COUNCILOR MCCALLA and COUNCILOR NAPOLITANO opposed. COUNCILOR CEGLIE moved to approve the resolution as amended. Seconded by COUNCILOR CARLIN and VOTED 6-1 with COUNCILOR MCCALLA opposed.
a. Minutes of the Council meeting held June 28, 2023
b. Special Events:
1. Aquidneck Community Table, d/b/a Mondays in Miantonomi, various activities, Mondays July 10 through August 28, 2023 from 2:00 p.m. to 5:00 p.m.
2. 1 Degree LLC, d/b/a 11 Hour Racing Team, d/b/a The Ocean Race Champions Celebration, Great Friends Meeting House, 21 Farewell St.; August 4, 2023 from 4:30 p.m. to 7:30 p.m.
3. Japan-America Society of RI, d/b/a Black Ships Festival Gala, Ochre Court, Ochre Point Ave.; August 12, 2023 from 6:30 p.m. to 10:30 p.m.
REMOVED Robert Winneg, Navy Captain, Retired, addressed the Council on behalf to answer questions regarding the event falling on Victory Day. COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and voted 6-1 with COUNCILOR MCCALLA opposed.
4. Clean Ocean Access, d/b/a 2023 Paddle Event/SUP Race, Newport Shipyard; August 19, 2023 from 6:00 a.m. to 11:00 a.m.
REMOVED 5. Elizabeth G. Davis, d/b/a Legacy Now & Then, Miantonomi Park; August 19, 2023 from 11:00 a.m. to 4:00 p.m.
COUNCILOR MCCALLA thanked Elizabeth Davis for putting the event together. COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
6. U.S. Naval War College, d/b/a Cardines Classic Army/Navy Baseball Game, Cardines Field; September 23, 2023 from 3:00 p.m. to 10:00 p.m. (Rain date- September 29, 2023)
7. Newport Art Museum and Art Association, d/b/a Artist Presentation/Fernanda D’Agostino, Newport Art Museum; October 24, 2023 from 6:00 p.m. to 8:30 p.m. (Rain date- October 25, 2023)
c. Communication from Maureen Cronin, Chair, Tree and Open Space Commission, re: Requesting the Council direct the Tree and Open Space Commission to engage R.I.D.O.T. in a conversation regarding a plan for mitigating the landscape impact of the Pell Bridge realignment on the neighborhood (Receive)
Maureen Cronin, addressed the Council regarding the impact of the realignment. Lauren DeSantis, 57 Halsey St., addressed the Council regarding the landscape and flooding at her property and offered a set of photographs to the Council. MAYOR KHAMSYVORAVONG moved to receive the photographs. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to receive the communication. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
d. Communication from Tooti Patzi, LLC, re: Notification changing d/b/a from Tooti Patzi to Mr. R at 7 Memorial Blvd. (Receive and make part of licensee’s file)
REMOVED e. Communications from Lisa Knowles, Show Director, Newport International Boat Show, re: Request to amend the special event license approved on February 8, 2023 to add Perry Mill Wharf and the addition of two food trucks on Market Square and Perry Mill Wharf (Approve)
COUNCILOR HOLDER recused.
COUNCILOR CEGLIE moved to approve the communication. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY (6-0).
REMOVED f. Notice of Public Hearing, Town of Little Compton, Proposed Amendment to Chapter XIV of the Little Compton Town Code Zoning Ordinance (Receive)
COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of items b(3), b(5), c and e. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
3. Victualing License, New Owner, Seaside Scoops, LLC, d/b/a Sandcastles Sundaes and Shakes, 225 Goddard Row
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
4. 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)
COUNCILOR CEGLIE moved to continue the hearing to August 9, 2023. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
Council Liaison Updates
Appointments:
6. Restricted Housing Fund - A. McCalla, X. Khamsyvoravong
COUNCILOR MCCALLA moved to table the resolution. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
7. Ad Hoc Bridge Realignment Property Advisory Commission- X. Khamsyvoravong, A. McCalla, J. Napolitano
MAYOR KHAMSYVORAVONG introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council regarding the formation of the commission. The motion to adopt the resolution was voted 4-3 with COUNCILOR CEGLIE, COUNCILOR NAPOLITANO and COUNCILOR CARLIN opposed.
8. Canvassing Authority- X. Khamysvoravong
MAYOR KHAMSYVORAVONG introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council regarding the formation of the commission. The motion to adopt the resolution was voted 4-3 with COUNCILOR CEGLIE, COUNCILOR NAPOLITANO and COUNCILOR CARLIN opposed.
9. 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 BT licenses (Second Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
10. Amending Chapter 10.20 of the Codified Ordinances, entitled, “Parking Generally” to amend Section 10.20.180, entitled, “Establishment of parking meter areas” (First Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on first reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
11. Amending Chapter 10.72 of the Codified Ordinances, entitled, “Bicycles” (First Reading)
COUNCILOR HOLDER moved to continue the ordinance to August 9, 2023. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
12. Communications from Turner C. Scott, Esq. and from David P. Martland, Esq. re: Request to amend 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 (First Reading)
COUNCILOR CEGLIE moved to receive the communication and adopt the ordinance on first reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
13. Memorandum from the City Manager – Status Update from Newport Police Department – Noise Violation Enforcement
Police Chief, Ryan Duffy, addressed the Council to provide an update on noise enforcement. MAYOR KHAMSYVORAVONG moved to receive the memorandum. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
14. Action Item #6187/23 – RE: Election Poll Worker Pay Increase (w/accompanying ordinance)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying ordinance. Seconded by COUNCILOR NAPOLITANO. Sharon Conners, Chair, Canvassing Authority, addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY.
15. Action Item #6188/23 – RE: Agreement – Robert Potter League for Animals, Inc. - Animal Shelter Services (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 #6189/23 – RE: Change Order #3 - 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.
17. Action Item #6190/23 – RE: Amendment to Personnel Ordinance - Department of Utilities (w/accompanying ordinance)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying ordinance. 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 Daily Liquor Licenses:
a. Clean Ocean Access, d/b/a 2023 Paddle Event, Newport Shipyard; August 19, 2023 from 7:00 a.m. to 11:00 a.m.
b. Newport Art Museum and Art Association, d/b/a Artist Presentation/Fernanda D’Agostino, Newport Art Museum; October 24, 2023 from 6:00 p.m. to 8:30 p.m. (Rain date- October 25, 2023)
COMMISSIONER CEGLIE moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
Laura C. Swistak, CMC
City Clerk
Adjourn- 9:35 p.m.