CITY OF NEWPORT
MINUTES FOR THE REGULAR CITY COUNCIL
MEETING
MAY 24, 2023
(Approved 6/14/2023)
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 May 24, 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 |
| ANGELA MCCALLA | CHARLIE HOLDER |
| MARK ARAMLI | |
| LYNN UNDERWOOD CEGLIE | |
ABSENT
DAVID R. CARLIN, III
Citizens’ Forum:
COUNCILOR CEGLIE opened the public hearing. After hearing no public comments, COUNCILOR CEGLIE moved to close the public hearing. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
a. Minutes of the Regular meeting held April 26, 2023 (Approve)
b. Special Events:
1. Fine Book Fairs, d/b/a Newport Rare Book Fair, 73 Pelham St., Newport Congregational Church; June 2 from 4:00 p.m. to 7:00 p.m., June 3 from 11:00 a.m. to 6:00 p.m. and June 4 from 10:00 a.m. to 5:00 p.m.
2. Art Scape/Brick Market Merchant’s Association, d/b/a Live Musician, Goddard Row; 6/10, 6/11, 6/17, 6/18, 6/24, 6/25, 7/1, 7/2, 7/8, 7/9, 7/15, 7/16, 7/22 and 7/23 from 12:00 p.m. to 2:00 p.m.
3. newportFILM, d/b/a newportFILM Outdoor Film Screenings, various locations throughout the city (list attached); 6/22, 6/29, 7/6, 7/13, 8/3, 8/17, 8/24 and 8/31 from 6:00 p.m. to 10:00 p.m.
4. Mark A. Stickney & Historic Music of Newport, d/b/a The Lafayette Band Concert at Touro Park; July 16, 2023 from 3:00 p.m. to 5:00 p.m.
5. Potter League for Animals, d/b/a Yappy Hour, The Wave, 57 Ledge Rd.; July 17, 2023 from 6:00 p.m. to 8:00 p.m.
6. St. Spyridon Church, d/b/a St. Spyridon Hellenic Festival, 390 Thames St.; July 14 from 4:00 p.m. to 1:00 a.m., July 15 from 12:00 p.m. to 1:00 a.m. and July 16 from 12:00 p.m. to 4:00 p.m.
7. National Park Service, & Alliance Francaise of Newport, Rochambeau Celebration, King Park; July 15, 2023 from 10:00 a.m. to 11:00 a.m.
REMOVED 8. Newport Festivals Foundation, Inc., d/b/a Newport Folk Festival Official Aftershow, Newport Congregational Church/LaFarge Restoration, 73 Pelham St.; July 28 & 29, 2023 from 8:00 p.m. to 11:30 p.m.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO. Jennifer Rieber addressed the Council on behalf of the applicant. Discussion occurred with the Council centered around the event location and noise concerns brought forward by residents. Lynn Romeo, 115 Spring St. addressed the Council to express concerns about the event. COUNCILOR CEGLIE moved to amend the application to end the event at 11:00 p.m. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to approve the license as amended. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
9. Gray Matter Marketing, d/b/a Newport Oktoberfest, Fort Adams State Park; September 16, 2023 from 2:00 p.m. to 5:30 p.m.
10. Broadway Street Fair, d/b/a Broadway Street Fair, Broadway- Equality Park to Farewell; October 14, 2023 from 12:00 p.m. to 4:00 p.m.
11. Rhode Races & Events, Inc., d/b/a Newport Rhode Races, Easton’s Beach (route attached); April 13, 2024 from 7:30 a.m. to 1:30 p.m.
c. Food Concession, St. Spyridon Greek Orthodox Church, d/b/a Hellenic Fest, July 14 from 4:00 p.m. to 1:00 a.m., July 15 from 12:00 p.m. to 1:00 a.m. and July 16 from 12:00 p.m. to 4:00 p.m.
REMOVED d. Communication from Charles Roberts, Executive Director, RI Slave History Medallions, re: Request to amend the special event license approved for the Juneteenth Celebration on June 18 & 19th to add food trucks and request closure of Park Street between 10:00 a.m. to 5:00 p.m. (Approve subject to details being worked out with city administration)
COUNCILOR CEGLIE moved to amend the request for the closure of Meeting St, not Park St. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to approve the request as amended. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
e. Holiday Selling License, Renewal, Spice of Life-Management LLC, d/b/a Spice & Tea Exchange of Newport, The, 192 Thames St. #B
REMOVED f. Communication from Maxine Shavers, re: Resignation from the Canvassing Authority (Receive with regret)
COUNCILOR CEGLIE moved to receive the communication with regret. Seconded by COUNCILOR NAPOLITANO who went on to thank Maxine Shavers for her service to the city. The motion to approve was VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of items b (8), d and f. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
3. Special Event License, Newport Historical Society, d/b/a French in Newport Living History Event, Washington Square, Colony House & Provence Sur Mer; July 14 & 15, 2023 from 11:00 a.m. to 4:00 p.m. and July 15 from 11:00 a.m. to 3:30 p.m.
~Request street closure of Park Place and Washington Square on July 15 between 3:30 p.m. to 4:00 p.m.
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
4. Victualing License, New, Brack’s on Bellevue, Inc., d/b/a Brack’s Café, 111 Bellevue
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
5. Victualing License, Expansion, Mooring LTD, d/b/a The Smokehouse, 31 Scott’s Wharf, to expand the licensed premises to include a 38’ x 36’ outdoor seating area consisting of ten tables and 80 seats (Continued from May 10, 2023)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER. Turner Scott, Esq., addressed the Council regarding the application. Tom Gibson, on behalf of Friends of the Waterfront, addressed the Council stating there were no objections to the application. The motion to approve was VOTED UNANIMOUSLY.
6. Victualing License, Expansion, Old Battle Axe, Inc., d/b/a The Reef, 10 West Howard Wharf, to expand the license to include a 17’ x 52’ outdoor seating area consisting of 16 tables and 48 seats located in the right of way (In conjunction with liquor license expansion)
COUNCILOR CEGLIE moved to withdraw the application. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
7. Street Café, New, Boru Noodles, LLC, d/b/a Boru Noodle Bar, 36 Broadway and 51-53 Marlborough St., to add a 16’x 16’ feet café with five (5) tables and 21 seats (In conjunction with liquor license expansion)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
8. Street Café, New, MBK, LLC, d/b/a Pour Judgement, 32 Broadway, to add a 16’ x 16’ café with four (4) tables and 16 seats (In conjunction with liquor license expansion)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
9. 2023 Annual Entertainment License Renewals, Class A indoor & Class B (outdoor) - (list attached; no changes from prior year)
COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
Council Liaison Updates
Planning Board:
(four vacancies) Richard Cromwell (3-year term expires 10/31/2024)
MAYOR KHAMSYVORAVONG moved to appoint Richard Cromwell to the Planning Board. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
Adam Moore (3-year term expires 10/31/2026)
MAYOR KHAMSYVORAVONG moved to appoint Adam Moore to the Planning Board. Seconded by COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
Canvassing Authority: (two vacancies): Bud Cicilline, Mary Alice Smith, Mary Moniz, Rick Best, Maggie Martin (6-year term expires 3/1/2026)
MAYOR KHAMSYVORAVONG moved to appoint Bud Cicilline to the Canvassing Authority. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
11. Tree Preservation- X. Khamsyvoravong, D. Carlin, J. Napolitano, L. Ceglie, A. McCalla
MAYOR KHAMSYVORAVONG introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO. COUNCILOR CEGLIE moved to receive the communication from the Newport Tree Conservancy. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Natasha Harrison addressed the Council on behalf of the Newport Tree Conservancy.
The motion to adopt the resolution was VOTED UNANIMOUSLY.
12. Amending Chapter 12.28 of the Codified Ordinances entitled, City Harbor, to amend Sections 12.28.070, entitled, Mooring Regulations, 12.28.073, entitled, Private Mooring Waiting List, 12.28.074, entitled, Permit (mooring space) assignment and renewal, 12.28.076, entitled, Forfeiture of mooring permit and 12.28.200, entitled, Fees and fines (Second Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR NAPOLITANO. Stephen Land, Harbormaster, addressed the Council regarding the amendments. The motion to approve was VOTED UNANIMOUSLY.
13. Amending Chapter 5.40, entitled, Hotels, to amend Section 5.40.030, entitled, Registration Fee (First Reading)
COUNCILOR CEGLIE moved to adopt the ordinance on first reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
14. Action Item #6161/23 – RE: Award of Contract – Optical Fiber Communications - West Side Fiber Ring Closure (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO. James O’Halloran, Director of Information Technology, addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY.
15. Action Item #6162/23 – RE: Award of Contract - RFP # 23-037 - Gymnasium Floor Replacement (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 #6132/23 – RE: Award of Contract -- Perrotti Park Bulkhead Seawall Project – Engineering Services (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 #6164/23 – RE: Award of Contract - Bid #23-042 – John Chafee Blvd. Basketball Court (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 #6152/23 – RE: Modification #2 - Contract 22-012-4 - Services for the Lead Service Line Program (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 #6166/23 – RE: Modification #10 to Contract # 10-039 Professional Services for Program Manager for Implementation of CSO Long Term Control Plan (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 UNANIMOUSLY.
ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE COMMISSIONERS
1. Daily Liquor Licenses:
a. Class F-1: St. Spyridon Greek Orthodox Church, d/b/a Hellenic Fest, July 14, 2023 from 4:00 p.m. to 1:00 a.m., July 15, 2023 from 12:00 p.m. to 1:00 a.m. and July 16, 2023 from 12:00 p.m. to 4:00 p.m.
b. Class F: Newport Festivals Foundation, Inc., d/b/a Newport Folk Festival Official Aftershow, Newport Congregational Church/LaFarge Restoration, 73 Pelham St.; July 28 & 29, 2023 from 8:00 p.m. to 11:30 p.m.
c. Class F: Gray Matter Marketing, d/b/a Newport Oktoberfest, Fort Adams State Park; September 16, 2023 from 2:00 p.m. to 5:30 p.m.
d. Class F: Portsmouth Track Club, d/b/a Portsmouth Track Club, Newport Rhode Races, Easton’s Beach; April 13, 2024 from 9:00 a.m. to 2:00 p.m.
COMMISSIONER CEGLIE moved to adopt the Consent Calendar in its entirety. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
2. Application of Mooring LTD, d/b/a The Smokehouse, 31 Scott’s Wharf, holder of Class BV alcoholic beverage license, to expand the licensed premises by adding a 38’ x 36’ outdoor contiguous seating area consisting of 10 tables and 80 seats (Hearing)- continued from May 10, 2023
COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.
3. Application of Harry Karanikolas, Inc., d/b/a Harry’s Liquors, 199 Connell Highway, holder of a Class A alcoholic beverage license to transfer 100 shares of stock from Katherine Karanikolas to Stephanie Martland 33 1/3, Gail Karanikolas, 33 1/3 and Nicholas Karanikolas 33 1/3, at the same premises (Hearing)
COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
4. Application of Old Battle Axe, Inc., d/b/a The Reef, 10 West Howard Wharf, holder of a Class BV alcoholic beverage license to expand the licensed premises by adding an 8’x 52’ outdoor seating area consisting of 16 tables and 48 seats located in the right of way (Hearing)
COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
5. Application of Boru Noodles, LLC, d/b/a Boru Noodle Bar, 36 Broadway and 51-53 Marlborough St., holder of a Class BL alcoholic beverage license to expand the licensed premises by adding a 16’ x 16’ street café consisting of five (5) tables and 21 seats (Hearing)
COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
6. Application of MBK, LLC, d/b/a Pour Judgement, holder of a Class BV alcoholic beverage license to expand the licensed premises by adding a 16’ x 16’ street café consisting of four (4) tables and 16 seats (Hearing)
COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
Laura C. Swistak, CMC
City Clerk
Adjourn- 7:17 p.m.
Entertainment Licenses by Class
Class A Indoors
DBA Owner Licensed Premises Restrictions
Entertainment Licenses by Class
Class A Indoors
DBA Owner Licensed Premises Restrictions
Caleb & Broad Stone Soup LLC located at 162 Broadway and 2 NO OUTSIDE ENTERTAINMENT OR
Caleb Earl AMPLIFICATION
Empire Tea & Newport Bubble Tea located at 22 Broadway and 3 Detail Police Office may be required
Coffee LLC River Lane
Irish American Irish American west corner of bar on Thames ENTERTAINMENT MUST END AT 9:00 P.M.;
Athletic Club Athletic Club NO MORE THAN 3 PERFORMERS AT ANY
TIME
Jane Pickens Fine Arts Newport, located at 49 Touro Street Capacity of 499 people including (4) staff-Per
Theater & Event Inc. order of the NFD
Center
Malt Leinster, Inc. located at 150 Broadway
Red Parrot Red Parrot, Inc. located at 344-348 Thames Street NO OUTSIDE ENTERTAINMENT OR
Restaurant, The First & Second Floors AMPLIFICATION.
Sardella's SSR Corporation located at 30 Memorial Boulevard NO OUTSIDE ENTERTAINMENT OR
Restaurant West and 78 William Street First AMPLIFICATION. SECOND FLOOR ALL
and Second Floors DOORS AND WINDOWS TO REMAIN CLOSED
DURING LIVE ENTERTAINMENT.
Class A and B
DBA Owner Licensed Premises Restrictions
Hotel Viking Viking Tenant, LLC located at One Bellevue Ave. OUTSIDE ENTERTAINMENT WITH
AMPLIFICATION PERMITTED TO 9:40 P.M.;
Wed., Thurs, Friday and Saturday only except on
Sundays before a Monday holiday. Band limited
to 4 members
Newport Marriott Marriott Hotel located at Americas Cup Avenue OUTSIDE ENTERTAINMENT LIMITED TO
Hotel Services, LLC and Long Wharf 11 P.M. ON SUNDAY THROUGH THURSDAY,
AND TO MIDNIGHT ON FRIDAYS AND
SATURDAYS, AND SUNDAYS OF HOLIDAY
WEEKENDS. LOUNGE FRIDAY AND
SATURDAY 9:00 P.M. - MIDNIGHT. POOL
AREA FRIDAY 3:00 PM - 7:00 PM,
SATURDAY AND SUNDAY NOON - 3:00 PM
DBA Owner Licensed Premises Restrictions
Saltwater Shaner Rhode Island, located at Corner of Market OUTSIDE ENTERTAINMENT, MEMORIAL
LLC Square, Thames Street, and DAY TO OCT. 30TH; RESTRICTED TO PIANO
Americas Cup Avenue PLAYER, GUITARIST AND VOCALIST;
HOURS LIMITED TO 11 P.M. SUNDAY
THROUGH THURSDAY, AND TO MIDNIGHT
ON FRIDAYS AND SATURDAYS, AND
SUNDAYS OF HOLIDAY WEEKENDS.
Class THTR
DBA Owner Licensed Premises Restrictions
Firehouse Theater Firehouse Theater, Inc. located at 4 Equality Park Place Capacity for theater to be maximum of 80
persons