CITY OF NEWPORT
NOVEMBER 8, 2023 (Approved 12/13/2023)
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 November 8, 2023 at 6:30 p.m. in the City Council Chambers, City Hall, 43 Broadway, Newport, RI 02840.
The DEPUTY CITY CLERK called the Roll and the following members were present:
MARK ARAMLI DAVID CARLIN, III
LYNN UNDERWOOD CEGLIE CHARLIE HOLDER
XAY KHAMSYVORAVONG ANGELA MCCALLA
JEANNE-MARIE NAPOLITANO
Citizens’ Forum:
MAYOR KHAMSYVORAVONG made a motion to move item 10 to the beginning of the agenda, a motion to add item i to the Consent Calendar, and a motion to move item 2. c. before item 1. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.
10. Congratulating Joseph J. Nicholson, Jr. Esq. on receiving the Robert M. Goodwich Distinguished Public Service Award – D. Carlin
COUNCILOR CARLIN introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO. Mr. Nicholson addressed the Council. The motion to approve the resolution was VOTED UNANIMOUSLY.
c. Communication from the Castle Hill Neighborhood Association, re: Proposed amendments to the Zoning Code (Receive)
COUNCILOR CARLIN moved to receive the communication. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
~ Recommendation from the Planning Board
a. Chapter 2.68, entitled, “Planning Board”
b. Chapter 17.08, entitled, “Definitions”
c. Chapter 17.12, entitled, “Establishment of Districts”
d. Chapter 17.14, entitled, “Permitted Uses”
e. Chapter 17.72, entitled, “Substandard Lots and Nonconforming Uses”
f. Chapter 17.100, entitled, “Development Standards”
g. Chapter 17.104, entitled, “Parking and Loading Standards”
h. Chapter 17.108, entitled, “Variances and Special Uses”
i. New Chapter 17.109, entitled, “Special Use Permits” New- (First Reading)
j. New Chapter 17.110, entitled, “Unified Development Review”
k. Chapter 17.120, entitled, “Amendments to the Zoning Code”
COUNCILOR CEGLIE made a motion to amend page 68 and page 10. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
MAYOR KHAMSYVORAVONG requested clarification from CITY SOLICITOR BEHAN on the proposed amendments. The MAYOR opened the public hearing.
COUNCILOR CEGLIE made a motion to close the public hearing. SECONDED BY COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Discussion occurred among the Council. Patricia Reynolds, Direction of Planning and Zoning, responded to questions from the Council.
COUNCILOR CEGLIE made a motion to approve items a through k as amended. SECONDED BY COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
a. Minutes of the Council meeting held October 11, 2023 and Boards and Commission interviews held October 10, 11, 12, 16 & 19, 2023 (Approve)
b. Special Events:
REMOVED 1. City -by-the-Sea Communications, d/b/a ThamesGiving in Newport, Thames
Street retail district; November 9, 16 & 23, 2023 from 5:00 p.m. to 7:00 p.m.
COUNCILOR CEGLIE made a motion to approve the license. SECONDED BY COUNCILOR NAPOLITANO. COUNCILOR CARLIN requested the applicant to introduce the event. Michele Gallagher addressed the Council. The motion to approve was VOTED UNANIMOUSLY.
2. Common Fence Music Co. d/b/a Newport Live, d/b/a Newport Live Presents Phoebe Hunt, Newport Art Museum; November 18, 2023 from 7:00 p.m. to 9:30 p.m.
3. Shops @ Long Wharf, d/b/a Santa’s Magic, 49 Long Wharf Mall; November 25, 2023 from 4:00 p.m. to 6:00 p.m. (Rain date-November 26, 2023)
4. Little Gold LLC, d/b/a Little Gold Artisan Market, 24 Franklin St., December 1, 2023 from 5:00 p.m. to 7:00 p.m. and December 2, 2023 from 11:00 a.m. to 5:00 p.m.
5. Mark A. Olechnowicz, d/b/a The 2nd Annual King Park Christmas Tree Lighting, King Park; December 4, 2023 from 6:00 p.m. to 7:00 p.m. (Rain date- December 5, 2023)
6. IYRS School of Technology and Trades, d/b/a IYRS Holiday Party, Restoration Hall, 449 Thames St.; December 8, 2023 from 4:00 p.m. to 8:00 p.m.
7. IYRS School of Technology and Trades, d/b/a IYRS Artisan Fair, Restoration Hall, 449 Thames St.; December 9, 2023 from 10:00 a.m. to 4:00 p.m.
8. Cystic Fibrosis MA-RI Chapter, d/b/a Cystic Fibrosis Great Strides Walk-A-Thon, Brenton Point State Park; May 18, 2024 from 7:00 a.m. to 1:30 p.m. (route attached)
REMOVED d. Communication from Christopher Patsos, Newport Babe Ruth Vice President, Newport R&R American Legion Baseball Director, Newport County Challenger Baseball Director, Newport Gulls VP and part owner, re: Request to display a plaque at Cardines Field in honor of Ronald “Mr. Mac” Macdonald (Receive and refer to city administration)
COUNCILOR HOLDER addressed the communication. MAYOR KHAMSYVORAVONG made a motion to receive and refer to city administration. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
REMOVED e. Communication from William Farrell, Colonel Commanding, Newport Artillery Company, re: Liberty Square/Newport Middle Passage Marker (Receive and refer to city administration)
COUNCILOR CEGLIE made a motion to receive and refer to city administration. Seconded by COUNCILOR NAPOLITANO. Victoria Johnson addressed the Council. COUNCILOR CEGLIE made a motion to receive the communication from Victoria Johnson. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY. The motion to receive and refer to city administration the communication from William Farrell was VOTED UNANIMOUSLY.
f. Communication from C.R.M.C, re: Proposed Rule Making Changes (Receive)
g. Communication from Sean O’Connor, re: Resignation from the Energy and Environment Commission (Receive with regret)
h. Communication from Christopher Jones, re: Resignation from the Cliff Walk Commission (Receive with regret)
ADDED i. Communication from Steven W. Pristawa, P.E., State Traffic Safety Engineer, R.I.
Department of Transporation, re: Newport City Council Resolution for Admiral
Kalbfus Rd. at Hillside Rd. (Receive)
COUNCILOR CEGLIE made a motion to receive. Seconded by COUNCILOR NAPOLITANO. COUNCILOR MCCALLA addressed the communication and provided an update on the changes. COUNCILOR CARLIN addressed the camera on Harrison Ave. The motion to receive was VOTED UNANIMOUSLY.
COUNCILOR CEGLIE moved to adopt the Consent Calendar in its entirety with the exception of items b (1), d and e. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
3. Entertainment License, New, Class A (indoors) Karen Pinelli, d/b/a Provence Sur Mer, 39 Touro St. (Hearing)
COUNCILOR CEGLIE made a motion to approve. Seconded BY COUNCILOR NAPOLITANO. COUNCILOR CARLIN addressed the Council.
COUNCILOR CARLIN made a motion to continue. Seconded by MAYOR KHAMSYVORAVONG. Discussion occurred among the Council. CITY SOLICITOR BEHAN addressed questions from the Council. Karen Pinelli addressed the Council.
COUNCILOR CARLIN made a motion to rescind the motion to continue. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council. The motion to rescind the motion to continue and the motion to approve was VOTED UNANIMOUSLY.
4. Pedicab Business License, Renewal, Andrew Croan, d/b/a Pedi-Power Pedicabs, LLC, 118 Rhode Island Blvd., Portsmouth, RI – 6 pedicabs valid from May 1, 2024 through April 30, 2026
COUNCILOR CEGLIE made a motion to approve. Seconded BY COUNCILOR MCCALLA and VOTED UNANIMOUSLY.
5. 2023-2024- Victualing License Renewals for liquor and non-liquor establishments (list attached)
COUNCILOR CEGLIE made a motion to approve with the exception of Midtown, Surf Club, and Rhumbline. Seconded BY COUNCILOR HOLDER and VOTED UNANIMOUSLY.
COUNCILOR HOLDER rescused.
COUNCILOR CEGLIE made a motion to approve Midtown. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY (6-0).
COUNCILOR CEGLIE made a motion to approve Surf Club. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY (6-0).
COUNCILOR CEGLIE made a motion to approve Rhumbline. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY (6-0).
6. Victualing License, Expansion, The Quencher Newport, LLC, d/b/a The Quencher, 95 Long Wharf to add an 807 sq. foot second floor deck consisting of 14 tables and 38 chairs
COUNCILOR CEGLIE made a motion to approve. Seconded by COUNCILOR NAPOLITANO. Dan Pappas, on behalf of the residents of 91-93 Long Wharf, addressed the Council. Discussion occurred among the Council. CITY SOLICITOR BEHAN addressed questions from the Council. The motion to approve was VOTED UNANIMOUSLY.
Appointments
Historic District Commission
Kelly Moran Alternate to Full member (three (3) year term expires 2/3/2026)
COUNCILOR ARAMLI recused.
MAYOR KHAMSYVORAVONG made a motion to move Kelly Moran from Alternate to Full member. Seconded by COUNCILOR NAPOLITANO. The motion to appoint Kelly Moran was VOTED UNANIMOUSLY (6-0).
Waterfront Commission
John Kokulis (three (3) year term expires 1/11/25)
COUNCILOR HOLDER made a motion to appoint John Kokulis. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
8. 2024 Schedule of Regular City Council Meetings
COUNCILOR CEGLIE made a motion to approve. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
9. Reconsideration of Action Item 6213/23, Rogers High School Building Project which was layed on the table on October 25, 2023
COUNCILOR NAPOLITANO read the resolution and made a motion to reconsider Action Item 6213/23. Seconded by COUNCILOR CEGLIE. Discussion occurred among the Council. The motion to reconsider was VOTED UNANIMOUSLY.
11. Amending Chapter 10.28, of the Codified Ordinances, entitled, “Public Parking Lots”, Section 10.28.050, entitled, “Mary Street Parking Lot” (Second Reading)
COUNCILOR CEGLIE moved to amend the ordinance on second reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
12. Amending Chapter 10.24 of the Codified Ordinances, entitled, “Vehicles and Traffic, Section 10.24.030, entitled, “Special parking limits during certain hours on certain streets” (Second Reading)
COUNCILOR CEGLIE moved to amend the ordinance on second reading. Seconded by MAYOR KHAMSYVORAVONG and VOTED UNANIMOUSLY.
13. Amending Chapter 10.24,of the Codified Ordinances, entitled, “Vehicles and Traffic”, Section 10.24.010, entitled, “Parking prohibited at all times in designation spaces”, Section 10.24.030, entitled, “Special parking limits during certain hours on certain streets” and Section 10.24.050 , entitled, “Two, three and four hour parking limits” (Second Reading)
COUNCILOR CEGLIE moved to amend the ordinance on second reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
14. Amending Chapter 10.68 entitled, “Loading Zones”, to amend Section and 10.68.020, entitled, “Restrictions on use” (Second Reading)
COUNCILOR CEGLIE moved to amend the ordinance on second reading. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
15. Amending Chapter 8.08, entitled, “Fire Code”, to amend Section 8.08.030, entitled, “Additional fire prevention requirements” and Section 8.08.070, entitled, “Storage limits for flammable and combustible liquids” (Second Reading)
COUNCILOR CEGLIE moved to amend the ordinance on second reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
16. Communication from Maureen Cronin, Chair, Tree and Open Space Commission, re: Recommendation regarding pickleball courts and pickleball play in Newport
COUNCILOR CEGLIE made a motion to receive the communication. Seconded by COUNCILOR HOLDER. MAYOR KHAMSYVORAVONG made a motion to receive a communication from Friends of Newport Pickeball. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY. The motion to receive the communication from the Tree and Open Space Commission was VOTED UNANIMOUSLY.
17. Action Item #6213/23 – RE: Rogers High School Building Project (w/accompanying resolution)
COUNCILOR CEGLIE made a motion to approve. Seconded by COUNCILOR HOLDER. COUNCILOR ARAMLI addressed the cost of the project and made a motion to strike “will commit to no more than an additional allocation of $6,300,000.” Seconded by COUNCILOR CARLIN.
Discussion occurred among Council. Interim CITY MANAGER SITRIN addressed the Council regarding the timeline and financial situation in relation to the project. CITY SOLICITOR BEHAN responded to questions from the Council. Discussion continued among Council. The motion to amend the resolution was VOTED UNANIMOUSLY.
COUNCILOR HOLDER asked about the School Department’s financial position. Interim CITY MANAGER SITRIN provided a response. Colleen Burns Jermain, Superintendent of Schools, provided an update. Discussion continued among the Council. The motion to approve the resolution as amended was VOTED UNANIMOUSLY.
18. Action Item #6215/23 – RE: Church Community Housing Corporation - Award of Contract for the Management of the City’s Community Development Block Grant Program and Community Development Block Grant-Disaster Recovery Program (w/accompanying resolution)
COUNCILOR CEGLIE moved to approve the resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
19. Action Item #6216/23 – RE: Award of Contract – Fire Pumper Engine - 2026 E-ONE Typhoon 780 Gallon Aluminum Pumper - Cooperative Purchasing Agreement (w/accompanying resolution)
COUNCILOR CEGLIE moved to approve the resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
20. Action Item #6217/23 – RE: Local Public Agency Agreement – RIDOT - Municipal Road & Bridge Program (w/accompanying resolution)
COUNCILOR CEGLIE moved to approve the resolution. Seconded by COUNCILOR CARLIN. MAYOR KHAMSYVORAVONG addressed the action item. The motion to approve the resolution was VOTED UNANIMOUSLY.
21. Action Item #6218/23 – RE: Award of Contract – Testing of Soil at Rogers High School (w/accompanying resolution)
COUNCILOR CEGLIE moved to approve the resolution. Seconded by COUNCILOR CARLIN. COUNCILOR CARLIN addressed the action item. The motion to approve the resolution was VOTED UNANIMOUSLY.
22. Action Item #6219/23 – RE: Allocation of $2,400,000 to Water Pollution Control Fund (w/accompanying resolution)
COUNCILOR CEGLIE moved to approve the 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 Daily Liquor License, Common Fence Music, d/b/a Newport Live, d/b/a Newport live Presents, 76 Bellevue Ave., November 18, 2023 from 7:00 p.m. to 9:30 p.m.
2. Class F-1 Daily Liquor License, St. Augustin Church Corp, d/b/a Christmas Extravaganza, St. Augustin Church Hall December 1 & 2, 2023 from 9:00 a.m. to 11:00 p.m.
3. Communication from Radish Patch, LLC, d/b/a Vieste Vino, 580 Thames St. Units B102, B103 & B104, holder of a Class BV alcoholic beverage license, re: Change in d/b/a to Vieste Vino Hooked (Receive and make part of licensees file)
COMMISSIONER CEGLIE moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
4. Application of The Quencher Newport, LLC, d/b/a The Quencher, 95 Long Wharf, holder of a Class BV alcoholic beverage license to expand the licensed premises by adding a second floor 807 sq. foot deck consisting of 14 tables consisting of 38 seats and one bar (Hearing)
COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
5. Application of Brownstone, Inc., d/b/a One Pelham East & The Top of the Pelham, 270 Thames St., holder of a Class BV alcoholic beverage license to transfer 100 shares of stock from Brownstone Inc. to Gary Kilroy (40), Christopher Kilroy (40) and Cameron Kilroy (20), for the same premises (Hearing)
COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER HOLDER and VOTED UNANIMOUSLY.
6. 2023-2024 Liquor License Renewals (by class)
LIQUOR CLASS A
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KRG Enterprises, Inc.
d/b/a Bridge Liquors
23 Connell Hgwy.
LIQUOR CLASS BH
_________________________
Cliffside Inn, LLC
d/b/a Cliffside Inn
2 Seaview Ave.
LIQUOR CLASS BL
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Beverage Newport Shipyard, LLC
d/b/a Belle’s Café
One Washington St.
Boru Noodles, LLC
d/b/a Boru Noodle Bar
36 Broadway & 51-53
Marlborough St.
NDC Enterprises, LLC
d/b/a Norey’s
156 Broadway
Tokyo, Inc.
d/b/a Newport Tokyo House Sushi Hibachi
6 Equality Park
LIQUOR CLASS BT
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Giusto, LLC
d/b/a Giusto, LLC
4 Commercial Wharf
Surf Club, LLC
d/b/a Surf Club & Coffee Grinder
337 Thames St.
Vanderbilt Hotel, LLC
d/b/a Vanderbilt, The
41 Mary St.
LIQUOR CLASS BV
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99 West, LLC
d/b/a 99 Restaurant and Pub
199 Connell Hgwy
Belle Mer, Inc.
d/b/a Belle Mer
2 Goat Island
Broadway Tavern LTD
d/b/a Tavern on Broadway
12, 16 & 18 Broadway
Diego’s Newport, LLC
d/b/a Diego’s
11 Bowen’s Wharf
Kelkery Food & Spirits, Inc.
Perro Salado
19 Charles St.
Midtown Oyster Bar LLC
d/b/a Midtown Oyster Bar & Grill
341 Thames St.
NT Corporation
d/b/a Black Pearl, The
Bannister’s Wharf
Nautilus Restaurant, LLC
d/b/a Scales & Shells
527 Thames Street
Uptown Hospitality, LLC
d/b/a Mother Pizzeria
49 Long Wharf
Rhumbline, LLC
d/b/a Rhumbline
255 Thames St.
Quencher Newport, The, LLC
Quencher, The, LLC
95 Long Wharf
Wharf Pub Newport LLC
d/b/a Wharf Pub, The
37 Bowen’s Wharf
LIQUOR CLASS D
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Newport Lodge #104 Benevolent
& Protective Order of Elks
d/b/a Elk’s Club
141 Pelham St.
Friendly Sons of Newport Social Club
d/b/a Friendly Sons of Newport Social Club
5 Farewell St.
Ida Lewis Yacht Club
d/b/a Ida Lewis Yacht Club
Lime Rock-Wellington Ave.
Irish American Athletic Club
d/b/a Irish American Athletic Club
642 Thames St.
Oak Street Partnership
d/b/a/ Kerry Hill Club, The
15 Oak St.
Vasco Da Gama Portuguese American Charitable Society, Inc.
d/b/a Vasco Da Gama Portuguese American Charitable Society, Inc.
15 Fenner Ave.
COMMISSIONER CEGLIE moved to approve with the exception of Midtown, Surf Club, and Rhumbline. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
COMMISSIONER HOLDER recused.
COMMISSIONER CEGLIE moved to approve Midtown. Seconded by COMMISSIONER CARLIN and VOTED UNANIMOUSLY (6-0).
COMMISSIONER CEGLIE moved to approve Surf Club. Seconded by COMMISSIONER CARLIN and VOTED UNANIMOUSLY (6-0).
COMMISSIONER CEGLIE moved to approve Rhumbline. Seconded by COMMISSIONER CARLIN and VOTED UNANIMOUSLY (6-0).
Adjourn- 8:25 p.m.
Sulpicio C. Alaan III
Deputy City Clerk
Victualing Renewals
DBA Ownership DBA S# DBA Street
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12 Metre Café Brian Holder 462 Thames St.
7-Eleven #23880D Jakhar Enterprise, Inc. 29 Memorial Blvd.
A Market Newport Nutrition House Inc. 181 Bellevue Ave.
Corner Cafe, The FitzSimoes LLC 110 Broadway #3A
Curryland Curryland Corp 163 JT Connell Hwy
Harvest, Inc. Harvest, Inc. 7 Carroll Ave., Suite B
Lobster Roll Heaven/Il Forno Italiano LRH LLC 372 Thames St.
Lucy's Café & Bakery Horizon Hospitality, LLC* (new owner) 476 Thames Street
New Good Friend Chinese Restaurant Che Wen Zhang 137 Connell Hgwy
Rob's Almost Famous Roast Beef Newport Roast Beef Co. LLC 469 Thames St.
Springline Coffee LLC Springline Coffee LLC 33 Bannisters Wharf
Twist on Thames Bruce Moniz & Tara Gladding 489 Thames St.
Victualing Renewals - Extended Hours (between the hours of 2 a.m. – 6 a.m.)
DBA Ownership DBA S# DBA Street
-------------------------------------------------------------------------------------------------------------------------------------------------------
Cumberland Farms #1150 Cumberland Farms, Inc. 125 Broadway
Dunkin Donuts Aquidneck Donuts, Inc. 7 Memorial Blvd.
Dunkin Donuts Aquidneck Donuts, Inc. 194 Connell Hgwy.
Fitness 500 Club 500 on Bellevue, LLC 181 Bellevue Avenue
Seasons Corner Market Colbea Enterprises LLC 138 JT Connell Highway
Victualing Renewals for LIQUOR Establishments
DBA Ownership DBA S# DBA Street
-------------------------------------------------------------------------------------------------------------------------------------------------------
Cabana Bull Shot, LLC 140 Broadway
Gardiner House Bloody Bull,LLC 24 Lee's Wharf