CITY OF NEWPORT
MEETING
JUNE 14, 2023
(Approved 7/12/23)
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 June 14, 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 |
| MARK ARAMLI | ANGELA MCCALLA |
| LYNN UNDERWOOD CEGLIE | |
A moment of silence was held for Theresa Santos, Middletown Town Council member.
COUNCILOR CEGLIE made a motion to move item No. 1 and item No. 11 to be heard before the Board of License Commissioners. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Citizens’ Forum:
Joan McCarthy on barking dogs.
a. Budget Change Sheet 2;
b. Ordinance Appropriating Revenues (Second Reading);
c. Personnel Ordinance (Second Reading);
d. Resolution, re: Omnibus Property Tax Relief and Replacement Act;
e. Resolution, re: Authorizing the Tax Levy
Moved to be heard before the Board of License Commissioners.
a. Minutes of the Regular meeting held May 10, 2023 and May 24, 2023 and Minutes of the Workshops held May 8, 2023, May 10, 2023, May 25, 2023 and May 31, 2023 (Approve)
b. Special Events:
1. Ten Speed Spokes, d/b/a 26th Annual Longest Day of the Year Ride, 18 Elm St. (route attached); June 15, 2023 from 5:00 p.m. to 9:00 p.m.
2. L&B Associates, d/b/a Stoneacre Garden, d/b/a Summer Bounty Party, 151 Swinburne Row; June 20, 2023 from 6:00 p.m. to 9:00 p.m.
3. Rhode Island Society Sons of the Revolution, d/b/a Newport Independence Day Celebration, Washington Sq. and Eisenhower Park; July 4, 2023 from 10:00 a.m. to 12:00 p.m.
~Request to waive park use fee
~Request closure of Park Street (Approve subject to details being worked out with city administration)
4. Skye Parker Company d/b/a Newport Kites, d/b/a The Newport Kite Festival, Brenton Point State Park; July 8 & 9, 2023 from 12:00 p.m. to 4:00 p.m.
5. Friends of Music at St. John’s Church, d/b/a Music on the Lawn, the lawn of St. John’s Church, 1 Washington St.; July 11, 2023, July 18, 2023 July 25, 2023 and August 1, 2023 from 6:00 p.m. to 8:30 p.m.
6. Newport Friends of the Waterfront, d/b/a Waterfront Concert Series, King Park; July 14, 2023, August 11, 2023 and September 2, 2023 from 2:00 p.m. to 8:00 p.m.
7. newportFILM, d/b/a newportFILM Outdoor Film Screenings, Fort Adams State Park, 80 Fort Adams Drive, July 20, 2023 from 6:00 p.m. to 10:00 p.m.
8. Newport Art Museum, d/b/a Opening Reception/Bob Dilworth, Newport Art Museum; July 21, 2023 from 5:00 p.m. to 8:30 p.m.
9. Newport Art Museum, d/b/a Bob Dilworth/Panel Discussion, Newport Art Museum; September 20, 2023 from 5:30 p.m. to 7:30 p.m.
10. Newport Festa Italiana, d/b/a Newport Festa Italiana, Touro Park & Columbus Monument; September 30, 2023 from 11:00 a.m. to 5:00 p.m. and October 9, 2023 from 11:00 a.m. to 12:00 p.m.
~Request to waive park use fee, banner license fee and vendor fees
11. Michelle Leys, d/b/a My Best Friends Closet Consignment Sale, The Elks Lodge; 11/2/2023 from 5:00 p.m. to 8:00 p.m., 11/3/2023 from 10:00 a.m. to 7:00 p.m., 11/4/2023 from 10:00 a.m. to 5:00 p.m.11/5/2023 from 10:00 a.m. to 3:00 p.m.
c. Holiday Selling License, New, Brian Conwell, d/b/a Orion Zachariah, 65 Spring St.
d. Holiday Selling License, New, Isle Group, LLC, d/b/a Isle Newport, 144 Bellevue Ave., Unit 4
e. Holiday Selling License, New, Artistry Beauty Collective LLC, d/b/a Artistry Beauty Collective, 32 Franklin St.
f. Holiday Selling License, New, Castle and Cottage RI, LLC, d/b/a Floralia Newport, 99 Spring St.
g. Holiday Selling License, New, Overseasoned LLC, d/b/a Matriarch, 468 Thames St.
REMOVED h. Communication from James Winters, re: Resignation from the Bicycle and Pedestrian Advisory Commission (Receive with regret)
COUNCILOR CEGLIE thanked James Winters for his service and moved to receive the communication. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
REMOVED i. Communication from Joan McCarthy, re: Nuisance Dog Barking/disturbance of the peace (Receive)
Joan McCarthy addressed the Council. COUNCILOR CEGLIE moved to receive the communication. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
REMOVED j. Communication from Ken Snyder, President, The Point Association, re: Request to hold neighborhood block party on June 17, 2023 from 6:00 p.m. to 8:00 p.m. on Walnut St. east of Third St. (Approve subject to details being worked out with city administration)
COUNCILOR CEGLIE moved to withdraw the communication at the request of Mr. Snyder. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
k. Waste Hauler License, Renewals:
1. Waste Management, 65 Halsey St., Newport, RI
2. Rambone Disposal Service, Inc., 2153 R. Plainfield Pike, Johnston, RI
l. Communication from Joseph P. Pratt, Executive Director and CEO, Boys and Girls Club of Newport County, re: Requesting the City of Newport transfer ownership of the Thayer Building to the Boys & Girls Club (Receive and refer to city administration)
COUNCILOR CEGLIE moved to adopted the Consent Calendar in its entirety with the exception of items h, i and j. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
3. Farmers Market License, Aquidneck Community Table, d/b/a Aquidneck Growers Market, Miantonomi Park, Mondays from July 10, 2023 through August 28, 2023 from 2:00 p.m. to 5:00 p.m.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
4. Entertainment License Expansion, Coastal Extreme Brewing Company, LLC, d/b/a Newport Craft Brewing and Distilling, 293 JT Connell Highway to expand the entertainment into 2nd floor event space and 2nd floor outdoor deck Fridays from 6:00 p.m. to 10:00 p.m. and Saturday and Sunday from 12:00 p.m. to 10:00 p.m. (Hearing)
COUNCILOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR NAPOLITANO. COUNCILOR MCCALLA expressed concern for the abutting residential properties. The motion to approve was VOTED UNANIMOUSLY.
5. Street Café, New, Leinster, Inc., d/b/a Malt, 150 Broadway, consisting of nine tables and 30 seats
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
6. Street Café, New, Humming Bird, LLC, d/b/a Humming Bird Café, 104 Broadway, consisting of four tables and 16 chairs
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
7. 2023 Annual Entertainment License Renewals, Class A (indoor) & Class B outdoor – (no changes from prior year)- list attached
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
8. Victualing License, New, Get the Scoop, LLC, d/b/a Get The Scoop, 4 Broadway
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
Council Liaison Updates
10. Historic Cemetery Advisory Commission- X. Khamsyvoravong
MAYOR KHAMSYVORAVONG introduced the resolution and moved for its passage. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
11. Amending Chapter 5.40, entitled, Hotels, to amend Section 5.40.030, entitled, Registration Fee (Second Reading)
12. Action Item #6167/23 – RE: Award of Bid # 23-031 – Sidewalk Improvement Program 2023 (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
13. Action Item #6168/23 – RE: Award of RFP # 23-047 – Foldable Basketball Goal Replacement (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
14. Action Item #6169/23 – RE: Award of Bid # 23-053 – Decorative Street Lights Maintenance and Repair Services (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 #6170/23 – RE: Award of Bid # 23-051-Custom Reactivated and/or Virgin Granular Activated Carbon (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 #6171/23 – RE: Award of Bid # 23-045 - Water Treatment Chemicals (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 #6172/23 – RE: Award of Bid # 23-044 - Utilities Supplies (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
18. Action Item #6173/23 – RE: Change Order 2 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 #6174/23 – RE: Amendment No. 5 – 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 #6175/23 – RE: Addendum to Contract - Strategic Planning and Goal Setting Facilitation (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
21. Action Item #6176/23 – RE: Request For Time Extension-Staff Response-Resolution Nos. 2023-09, 2023-10, 2023-11 (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE opened the public hearing. Seconded by COUNCILOR CARLIN.
Penelope Hunt, 15 Dartmouth St., addressed the Council regarding the budget.
COUNCILOR CEGLIE moved to close the public hearing. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
a. Budget Change Sheet 2;
COUNCILOR CEGLIE moved to receive the budget change sheet 2. Seconded by COUNCILOR CARLIN and VOTED UNANIMOULSY.
COUNCILOR CARLIN moved to amend the budget by approving the 2% increase conditional upon the funds being placed in reserve and distributed if the School Committee can show an increase in the test scores as determined by the R.I. Department of Education and an increase in the attendance rate. Seconded by COUNCILOR HOLDER. Discussion occurred among the Council. The motion failed (2-5) with COUNCILOR CARLIN and COUNCILOR HOLDER in favor.
COUNCILOR CARLIN moved to amend the budget by increasing the School Department funding of 4% conditional upon the funds being placed in reserve and distributed if the School Committee can show an increase in the test scores as determined by the R.I. Department of Education and an increase in the attendance rate. Seconded by COUNCILOR HOLDER. Discussion occurred among the Council. The motion to amend failed (1-6) with COUNCILOR CARLIN in favor.
COUNCILOR CARLIN moved to amend the budget by approving the 2% increase contingent upon the City of Newport conducting a forensic audit of the School Department budget. The motion failed, there was no second to the motion.
b. Ordinance Appropriating Revenues (Second Reading);
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
c. Personnel Ordinance (Second Reading);
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
d. Resolution, re: Omnibus Property Tax Relief and Replacement Act;
COUNCILOR CEGLIE moved to adopt the resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
e. Resolution, re: Authorizing the Tax Levy
COUNCILOR CEGLIE moved to adopt the resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
11. Amending Chapter 5.40, entitled, Hotels, to amend Section 5.40.030, entitled, Registration Fee (Second Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR MCCALLA. The following members from the public addressed the Council regarding the ordinance amendment.
Robert Layfield, 45 Callendar Ave.
Jeff Griot, 105 Memorial Blvd. West
Penelope Hunt, 15 Dartmouth St.
Amy Machado, 15 Burdick Ave.
Benjamin Zambrotta, 12 Florence Ave.
Discussion occurred among the Council, City Manager Nicholson and City Solicitor Behan. COUNCILOR CARLIN moved to amend the ordinance to increase the fees for non-owner-occupied properties based on the number of rooms and reduce the fee for home occupations. Seconded by COUNCILOR HOLDER. The motion failed 3-4 with COUNCILOR CARLIN, COUNCILOR HOLDER and COUNCILOR ARAMLI in favor. CITY SOLICITOR BEHAN offered language to amend the ordinance to change the fee for home occupations to $500 and all others $1,000.
MAYOR KHAMSYVORAVONG moved to amend the ordinance to change the fees based on City Solicitor Behan’s recommendation. Seconded by COUNCILOR NAPOLITANO and VOTED 5-2 with MAYOR KHAMSYVORAVONG, COUNCILOR HOLDER, COUNCILOR ARAMLI, COUNCILOR NAPOLITANO and COUNCILOR CARLIN in favor. COUNCILOR MCCALLA and COUNCILOR CEGLIE opposed.
MAYOR KHAMSYVORAVONG moved to adopt the ordinance as amended. Seconded by COUNCILOR CARLIN and VOTED (5-2) with MAYOR KHAMSYVORAVONG, COUNCILOR HOLDER, COUNCILOR ARAMLI, COUNCILOR NAPOLITANO and COUNCILOR CARLIN in favor. COUNCILOR MCCALLA and COUNCILOR CEGLIE opposed.
COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
1. Daily Liquor Licenses, Class F:
a. Newport Art Museum, d/b/a Opening Reception/Bob Dilworth, Newport Art Museum; July 21, 2023 from 5:00 p.m. to 8:30 p.m.
b. Newport Art Museum, d/b/a Bob Dilworth/Panel Discussion, Newport Art Museum; September 20, 2023 from 5:30 p.m. to 7:30 p.m.
COMMISSIONER CEGLIE moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.
2. Application of Leinster, Inc., d/b/a Malt, 150 Broadway, holder of a Class BV alcoholic beverage license to expand the licensed premises to include a 20 ft. x 25 ft. street café consisting of nine tables and 30 seats (Hearing)
COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER CARLIN and VOTED UNANIMOUSLY.
Laura C. Swistak, CMC
City Clerk
Adjourn- 8:33 p.m.
Class A Indoors-
Owner d/b/a Address Restrictions
Diego's of Diego's 11 Bowen's Wharf Detail Police Office may be required
The Newport Elk's Club 141 Pelham Street
MBK LLC Pour Judgement 32 Broadway
Wharf Pub Newport, LLC Wharf Pub 37 Bowen’s Wharf No outside entertainment of amplification
CLASS B OUTDOOR
OWNER d/b/a Address Restrictions*
Goat Lessee, LLC Newport Harbor Island Resort 1 Goat Island
*The entertainment will be arranged so that the music will be directed to the west, away from the properties to the south and east. All entertainment shall take place under a tent with siding on the south and east sides;. No members of the general public will be permitted access to concerts on the site;
All outdoor entertainment on the South Lawn will end at 10:00 pm.;
Goat Lessee LLC will provide contact information to the Goat Island South Condominium Association; and
Goat Lessee LLC shall prohibit parking on the street.
Vanderbilt Hotel, LLC Vanderbilt, 41 Mary Street *Outdoor entertainment
limited to outdoor
garden terrace
Thursday through
Saturday 6:00p.m. to
9:30 p.m.