CITY OF NEWPORT
MEETING
MARCH 22, 2023
(Approved 4/12/23)
The following items of business, filed with the City Clerk under the Rules of the Council, came before the Council at a meeting to be held on March 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 ARAMLI |
| LYNN UNDERWOOD CEGLIE | |
Citizens’ Forum:
Amy Machado, 12 Burdick Ave. addressed the Council regarding Housing.
a. Minutes of the Regular Council meetings held February 22, 2023 and March 8, 2023 (Approve)
b. Special Events:
1. Greater Newport Chamber of Commerce, d/b/a Women in Business After Hours, The Elms; March 23, 2023 from 5:30 p.m. to 7:30 p.m.
2. Channing Memorial Church, d/b/a Born This Way Prom, Florence Gray Center, 1 York St.; April 21, 2023 from 6:00 p.m. to 10:00 p.m.
REMOVED 3. RI Brewers Guild, d/b/a Newport Beer Festival, Fort Adams State Park; April 29, 2023 from 2:00 p.m. to 5:30 p.m.
MAYOR KHAMSYVORAVONG moved to approve the license. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
4. Common Fence Music Co., d/b/a Newport Live Presents Lisa O’Neill from Ireland, Colony House, Washington Sq.; April 29, 2023
5. Newport Elks Lodge No. 104, d/b/a Flea Market’s, Elks Lodge, 141 Pelham St.; May 20, June 17, July 22, August 26 and September 16, 2023 from 10:00 a.m. to 4:00 p.m.
REMOVED 6. Belmont Chapel Foundation- Island Cemetery, d/b/a Belmont Stakes Island Cemetery, 30 Warner St.; June 10, 2023 from 4:30 p.m. to 7:30 p.m.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO. COUNCILOR NAPOLITANO mentioned the restorative work being done on the Chapel. The motion to approve was VOTED UNANIMOUSLY.
REMOVED 7. Safe Harbor Newport Shipyard, d/b/a Newport Charter Yacht Show, Safe Harbor Newport Shipyard, 1 Washington St.; June 19-22, 2023 from 10:00 a.m. to 8:00 p.m. daily
COUNCILOR CEGLIE moved to approve the license. Seconded by MAYOR KHAMSYVORAVONG. COUNCILOR CARLIN had questions for the applicant. Veronica Brown addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY.
REMOVED 8. Safe Harbor Newport Shipyard, d/b/a Safe Harbor Race Weekend, Safe Harbor Newport Shipyard, 1 Washington St.; August 11, 2023 from 9:00 a.m. to 8:00 p.m., August 12, 2023 from 9:00 a.m. to 11:00 p.m. and August 13, 2023 from 9:00 a.m. to 6:00 p.m.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO. COUNCILOR CARLIN had questions for the applicant. Veronica Brown was present to answer questions. The motion to approve was VOTED UNANIMOUSLY.
9. Safe Harbor Newport Shipyard, d/b/a Newport Brokerage Boat Show, Safe Harbor Newport Shipyard, 1 Washington St.; September 14-17, 2023 from 10:00 a.m. to 6:00 p.m. Thursday through Saturday and 10:00 a.m. to 5:00 p.m. on Sunday
10. Gray Matter Marketing/RITB Foundation, d/b/a Pell Bridge Run, Gateway Center, America’s Cup and Pell Bridge; October 15, 2023 from 5:00 a.m. to 10:30 a.m.
REMOVED 11. Fireworks Displays:
a. Andrew Goldberg-YPO New England, d/b/a YPO Family Weekend Fireworks Display; Barge off of Goat Island; June 9, 2023 at 9:05 p.m. (10-minute display)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO. COUNCILOR CARLIN had questions for the applicant. Matt Shea, from Pyrotechnico and a representative from YPO were present to answer questions. The motion to approve was VOTED UNANIMOUSLY.
b. Kate Murtaugh Events & Design, d/b/a Wedding Fireworks Display, Barge off of Rosecliff Mansion; September 2, 2023 at 7:17 p.m. (12-minute display)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO. COUNCILOR CARLIN had questions for the applicant. John Ruggeri from Ocean State Pyrotechnics was present to answer questions. The motion to approve was VOTED UNANIMOUSLY.
c. 2023 Holiday Selling License Renewals (list attached)
d. 2023 Second-hand License Renewals (list attached)
e. Holiday Selling License, New, Beaucoup Café, LLC, d/b/a Beaucoup Café, 580 Thames St. Suite A 101
f. Communication from John C. Sullivan, Officer, Newport Police Department President, AINPP, re: Request permission to hold the Aquidneck Island National Police Parade on May 7, 2023 at 11:50 a.m. (Approve subject to details being worked out with city administration)
g. Communication from Richard Klaffky, Chair, Newport Beach Commission, re: Recommendations- Easton’s Beach Plan (Receive and refer to city administration)
REMOVED h. Communication from Joshua S. Parks, Esq., on behalf of the New York Yacht Club, re: King Park Dinghy Dock and New York Yacht Club (Receive and refer to city administration for a recommendation)
MAYOR KHAMSYVORVONG recused.
COUNCILOR CEGLIE moved to receive and refer the communication to city administration for a recommendation. Seconded by COUNCILOR CARLIN. Discussion occurred among the Council and CITY MANAGER NICHOLSON. Joshua Parks, Esq., Adler Pollack and Sheehan, addressed the Council to answer questions. Stephen Land, Harbormaster, addressed the Council to answer questions. The motion to receive and refer was VOTED UNANIMOUSLY (6-0).
COUNCILOR CEGLIE moved to adopt the Consent Calendar in its entirety with the exception of items b. 6, 7, 8, 11 a & b and h. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY (6-0).
2. Mobile Food Cart License, (MFET), New, Park Cove Ice Cream Co., LLC, 458 Park Ave., Portsmouth, RI
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
3. Victualing License, New, Beaucoup Café, LLC, d/b/a Beaucoup Café, 580 Thames St., Suite A 101
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
4. Victualing License, Renewal, Newport Ice Cream Shoppes, LLC, d/b/a Serendipity Sundaes, 225 Goddard Row
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
5. Farmers Market, Aquidneck Community Table, d/b/a Aquidneck Growers Market, Memorial Blvd. at Chapel St. and Edgar Court, Wednesdays from 2:00 p.m. to 6:00 p.m. from May 17, 2023 through October 25, 2023
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR MCCALLA. Bevan Linsley, Aquidneck Grower’s Market, addressed the Council to answer questions. COUNCILOR CEGLIE expressed safety concerns at the location. The motion to approve was voted 6-1 with COUNCILOR CEGLIE opposed.
6. Victualing License Application, Amendment, Preservation Society of Newport County, d/b/a Chinese Tea House @ the Marble House, 596 Bellevue Ave.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR CARLIN. John Russell, Esq., addressed the Council to request an amendment to the application submitted to the Council on March 22, 2023. COUNCILOR CEGLIE moved to approve the amendment. Seconded by COUNCILOR CARLIN and VOTED UANIMOUSLY. COUNCILOR CEGLIE moved to approve the application as amended. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
7. Mobile Food Truck (MFET) License, Renewal, Sunset Beach Aquaculture, LLC, d/b/a Sunset Beach Aquaculture, 161 Beacon Ave., Jamestown, RI
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Council Liaison Updates
COUNCILOR CARLIN addressed the Council as the School Committee liaison regarding the School Departments preliminary budget.
Reappointments:
Energy and Environment Commission- Sean O’Connor (3-year term expires 4/09/2025)
COUNCILOR MCCALLA moved to reappoint Sean O’Connor to the Energy and Environment Commission. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
9. Establishing a policy on flags hanging at City Hall- X. Khamsyvoravong, L. Ceglie, J. Napolitano, C. Holder, M. Aramli
MAYOR KHAMSYVORAVONG introduced the resolution and moved for its passage. Seconded by COUNCILOR CARLIN. Discussion occurred among the Council and CITY SOLICITOR BEHAN regarding the resolution and the need to create a policy to comply with a recent Supreme Court ruling. The following members from the public addressed the Council:
William Berchtold, 25 Kay Blvd.
Ryan Patrick Kelly, 60 Poplar St.
Rex LeBeau, 92 Bliss Rd.
Kendra Muenter, 22 Homer St.
The motion to adopt the resolution was VOTED UNANIMOUSLY.
10. Amending Chapter 5.98 entitled, “Sidewalk Cafés, to add new Section, entitled, “Street Cafés” (Second Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR CARLIN. Paul Webber, owner of Root on Broadway, addressed the Council to request a fifteen -minute parking space in front of his business and requested the police to enforce the parking restrictions. CITY MANAGER NICHOLSON addressed the Council regarding the parking on Broadway. The motion to adopt the ordinance was VOTED UNANIMOUSLY.
11. Boards and Commissions 2022 Annual Reports – Canvassing Authority
Sharon Conners, Chair, Canvassing Authority, addressed the Council regarding the annual report.
12. Updates from the City Manager
CITY MANAGER NICHOLSON addressed the Council and provided an update on the two-tier tax program.
13. Action Item #6136/23 – RE: Award of Contract - Broadband Network Consulting Services (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council and CITY MANAGER NICHOLSON. COUNCILOR ARAMLI moved to amend the award by approving only the $42,000 proposed and to require the administration to come back to the Council regarding any additional funding for the project. Seconded by MAYOR KHAMSYVORAVONG and voted 6-1 with COUNCILOR CARLIN opposed.
COUNCILOR CEGLIE moved to approve as amended. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
14. Action Item #6137/23 – RE: Award of Contract - Newport Police Department Fence Replacement Rhode Island Master Price Agreement (RIMPA) #498: Fencing Repair & Installation (w/accompanying resolution)
COUNCILOR CEGLIE introduced the communication and moved to adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
15. Action Item #6138/23 – RE: Award of Bid # 23-032 – Road Improvement Program 2023 (w/accompanying resolution)
COUNCILOR CEGLIE moved to continue the communication. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
16. Action Item #6139/23 – RE: Ordinance Change: Chapter 10.20.210. - Meter Charges - Parking Season (w/accompanying ordinance)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council and CITY MANAGER NICHOLSON. COUNCILOR CEGLIE moved to amend the ordinance to add two free additional hours for residents only. Seconded by COUNCILOR HOLDER. Discussion occurred between the Council and CITY MANAGER NICHOLSON. The motion to amend the ordinance to add two free hours of parking for residents was VOTED UNANIMOULSY.
COUNCILOR HOLDER moved to amend the ordinance to change March 1 to April 1. Seconded by COUNCILOR CARLIN. The motion failed 3-4 with MAYOR KHAMSYVORAVONG, COUNCILOR CEGLIE, COUNCILOR ARAMLI and COUNCILOR MCCALLA opposed. COUNCILOR HOLDER, COUNCILOR NAPOLTIANO and COUNCILOR CARLIN voted in favor.
COUNCILOR CEGLIE moved to adopt the ordinance as amended on first reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
17. Action Item #6140/23 – RE: Ordinance Change: Chapter 10.28.080.A.B.C.– Easton’s Beach Parking Lot – Parking Season (w/accompanying ordinance)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying ordinance. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council and CITY MANAGER NICHOLSON. COUNCILOR HOLDER moved to amend the ordinance to change March 1 to April 1. Seconded by COUNCILOR MCCALLA and voted 4-3. The following members from the public addressed the Council:
Stephanie Smyth, 15 Burdick Ave.
Ryan Patrick Kelly, 60 Poplar St.
COUNCILOR CEGLIE moved to approve the ordinance as amended on first reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
18. Action Item #6141/23 – RE: Show Cause Hearing – Knot Norms Newport LLC, d/b/ Knot Norms Catering – Violation of the General Laws of Rhode Island and Codified Ordinances of the City of Newport - Failure to Meet the Conditions of the City Council in Granting of Victualing License
COUNCILOR CEGLIE moved to dismiss the hearing as the applicant is now compliant. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
1. Class F Daily Liquor License, Rhode Island Brewers Guild, d/b/a Newport Beer Festival, Fort Adams State Park; April 29, 2023 from 2:00 p.m. to 5:30 p.m.
2. Class F Daily Liquor License, Common Fence Music Co., d/b/a Newport Live Presents Lisa O’Neill on Tour from Ireland, Colony House, Washington Sq.; April 29, 2023 from 7:30 p.m. to 9:30 p.m.
3. Class F Daily Liquor License, Fort Adams Trust, d/b/a Newport 10 Miler, Fort Adams State Park; June 4, 2023 8:00 a.m. to 11:30 a.m.
COMMISSIONER CEGLIE moved to adopt the Consent Calendar in its entirety. Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.
4. 2022-2023 Class D Liquor License Renewal, Oak Street Partnership Inc., d/b/a Kerry Hill Club, 15 Oak St., first floor (Hearing)- Continued from March 8, 2023
Matthew Cullen, owner, addressed the Council regarding his plans for the business. COMMISSIONER CARLIN moved to close the public hearing and approve the license. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
5. 2023 Class A Liquor Store Sunday Selling License, Renewals:
d/b/a Owner Address________
Bellevue Wine & Spirits Bellevue Wine & Spirits LLC 181 Bellevue Ave.
Bridge Liquors KRG Enterprises, Inc. 23 Connell Highway
Downtown Liquors Shiva Corporation 202 Thames St.
Fifth Ward Liquor Fifth Ward Liquor, Inc. 695 Thames St.
Harry's Liquor Store Harry S. Karanikolas, Inc. 199 Connell Highway
Island Wine & Spirits Newport Prescription Center, Inc. 287 & 291 Broadway & Portion of 289 Broadway
Point Wine & Spirits New Newport Liquor LLC 3 Thames St.
Rex Liquor Ratana Hoan 146 Broadway
Thames Wine & Spirits Shiv Wine Corp 433 Thames St. Unit 2
Vicker's Liquors Vickers' Liquors LLC 274 Bellevue Ave.
COMMISSIONER CEGLIE moved to approve the Sunday Selling license renewals. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
Laura C. Swistak, CMC
City Clerk
Adjourn- 9:18 p.m.
Holiday Selling License Renewals
d/b/a Owner Address_____________
7-Eleven #23880D Jakhar Enterprise, Inc. 29 Memorial Blvd.
7-Eleven Store #32508K 7-Eleven, Inc. 95 Broadway
A Market Newport Nutrition House Inc. 181 Bellevue Ave. (corner unit)
Aardvark Antiques Arthur A. Grover 9 Connell Highway
BreakWater Surf Co. Breakwater Surf Company (Newport) LLC 438 Thames St.
Charlotte Kellogg Palm Beach Apparel Group, Inc. 184 Bellevue Ave.
CK Bradley Maramill, LLC 182 Bellevue Ave.
House of Scrimshaw and Gregory Jordan and Andrew Borer 132 Thames St.
Gifts
Jos. A. Bank Clothiers Men's Wearhouse, Inc., The 21 Long Wharf
Inc.
Kay Jewelers #2899 Sterling Inc. 199 Connell Highway Unit 7
Mattress Firm Mattress Firm, Inc. 199 Connell Hwy.
New Store, The Gregory Jordan and Andrew Borer 101 Swinburne Row
Newport Multiservicios Newport Multiservicios, LLC 9 Farewell St.
Newport Original Christopher Papp 424 Thames St.
Products
Newport Sunglass Shop C.O.T., Inc. 109 Swinburne Row
Newports Best Tee Gregory Jordan and Andrew Borer 107 Swinburne Row
Shirts, Sweatshirts,
Rene & Son Carpet Rene & Son Carpet Center, Inc. 180 Connell Highway
Center
Re-Sails Hooley World Wide Inc. 364 Thames St.
S.O.L. Optics C.O.T., Inc. 375 Thames St.
Sea Bags, LLC Sea Bags, LLC 25 Bowen's Wharf
Sephora #908 Sephora USA, Inc. 49 Long Wharf Mall
Sheldon Art Gallery Kennedy Studios of Newport, Inc. 59 Americas Cup Ave.
Sodexo @ Newport Sodexo Operations, LLC 11 Friendship Street
Hospital
Souvenir Stop II, The Gregory Jordan and Andrew Borer 359 Thames St. Unit F2
Souvenir Stop, The Gregory Jordan and Andrew Borer 115 Swinburne Row
Stop & Shop #701 Stop & Shop Supermarket Company LLC, The 250 Bellevue Ave.
Super Stop and Shop Stop & Shop Supermarket Company LLC, The 199 Connell Highway
#731
T Shirt Town Gregory Jordan and Andrew Borer 182 Thames St. Unit A & B
Vineyard Vines Vineyard Vines Retail LLC 139 Swinburne Row
Second-hand License Renewals
d/b/a Ownership Address
Aardvark Antiques Arthur A. Grover 9 Connell Highway