Jun. 26, 2024 - Regular Session
Newport
Minutes · June 26, 2024
CITY OF NEWPORT
MEETING
JUNE 26, 2024
(Approved 7/24/24)
The following items of business, filed with the City Clerk under the Rules of the Council came before the Council at a meeting held at 6:30 pm in the City Council Chambers, 43 Broadway, Newport, RI 02840
The CITY CLERK called the role and the following members were present:
| XAY KHAMSYVORAVONG | ANGELA LIMA |
| LYNN UNDERWOOD CEGLIE | DAVID CARLIN |
| JEANNE MARIE NAPOLITANO | MARK ARAMLI |
| CHARLIE HOLDER | |
Citizens’ Forum
Amy Machado, 12 Burdick Ave.
a. Minutes of the Special Council Meeting held May 8, 2024, Regular Council meeting held May 22, 2024, and Boards and Commission Interviews held May 31, 2024 (Approve)
b. Special Events:
1. Newport Restoration Foundation, d/b/a Great Elephant Migration Opening Ceremony, Rough Point; July 1, 2024 from 1:00 p.m. to 3:00 p.m.
2. Hakim Coggins, d/b/a Newport Bridge Fun Fest, Miantonomi Park; July 6, 2024, from 12:00 p.m. to 3:00 p.m.
3. Newport Democratic City Committee, d/b/a Signature Gathering Event, Elks Lodge #104, 141 Pelham St.; July 8, 2024 from 4:30 p.m. to 7:30 p.m.
4. Saint John’s Church, d/b/a Music on the Lawn, 61 Washington St.; July 9, 16, 23 & 30, 2024 from 6:00 p.m. to 8:30 p.m.
5. Sail Newport, d/b/a 40th Anniversary Newport Regatta, Fort Adams; July 13-14, 2024 from 4:00 p.m. to 9:00 p.m.
6. Newport Art Museum, d/b/a Sailing Photography Pop Up & Panel, Newport Art Museum; July 16, 2024 from 4:15 p.m. to 8:15 p.m.
7. Redwood Library and Athenaeum, d/b/a Gala Fundraiser, 50 Bellevue Ave.; July 19, 2024 from 6:30 p.m. to 11:30 p.m.
8. IYRS Newport, d/b/a IYRS Newport Classic Yacht Regatta Awards Party, IYRS, 449 Thames St.; September 1, 2024 from 6:00 p.m. to 10:00 p.m.
c. Banner License, Boys & Girls Club of Newport County, to hang a banner between the Red Parrot and Midtown Oyster Bar from July 26-28, 2024 to promote the Newport Show
d. Private Detective License, Renewal, Kevin P. Sullivan, d/b/a KPS Investigations Constable Services, LLC, 2 Chastellux Ave.
e. Communication from Mark Marosits, American Canoe Association State Director, R.I., re: Request to add live entertainment to the Newport Paddle Festival on August 17, 2024, from 10:00 a.m. to 3:00 p.m. (Approve)
f. Communication from Barbara Shea, re: Resignation from the Historic Cemetery Commission (Receive with regret)
g. Communication from Matt Gray, President, Gray Matter Marketing, re: Request to amend the special event license for the Octoberfest to change the hours from 2:00 p.m. to 5:30 p.m. to 1:00 p.m. to 6:30 p.m. (Approve)
h. Communication from Derek Grinkin, re: Resignation from the Henderson Home Commission (Receive with regret)
i. Communication from Victoria Johnson & Peter Fay, Co-Chairs, Newport Middle Passage Port Marker Project, re: Middle Passage Port Marker Project (Receive)
j. Communication from Robert Schultz, P.E., Director of Utilities, re: Letter of Support for ERICD’s NFWF Grant Proposal for Elizabeth Brook Watershed (Receive)
COUNCILOR CEGLIE moved to adopt the Consent Calendar in its entirety. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
2. Entertainment License Expansion, Wally’s Wieners, 464 Thames St., Class A indoors to expand the entertainment from 4:00 p.m. to 11:00 p.m. Sunday through Thursday and 4:00 p.m. to 12:00 a.m. Friday, Saturday and Sunday preceding a Monday holiday (Hearing)
Matthew Lyons, Esq., addressed the Council on behalf of the applicant. Mary Connor, 13 Pope St., addressed the Council to express her concerns regarding the noise. Discussion occurred among the Council. COUNCILOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
3. Victualing License, Expansion, Bloody Bull, LLC, d/b/a Gardiner House, 24 Lee’s Wharf, to expand the licensed premises by adding a 35’ x 85’ outdoor lawn service area
COUNCILOR HOLDER recused.
COUNCILOR CEGLIE moved to approve the application. Seconded by COUNCILOR NAPOLITANO. David Martland, Esq., addressed the Council to amend the application by removing the service area for the lawn and stated it will be for gathering only. COUNCILOR CARLIN moved to approve as amended. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Appointments
** Zoning Board of Review Chair** - Richard Wick Rudd (5 year term expires 12/12/2027)
COUNCILOR ARAMLI recused.
MAYOR KHAMSYVORAVONG moved to appoint Richard Wick Rudd as Chair of the Zoning Board. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY (6-0).
Council Liaison Updates
5. Seasonal Rentals- A. Lima, C. Holder, L. Ceglie, J. Napolitano
COUNCILOR ARAMLI introduced the resolution and moved for its adoption. Seconded by COUNCILOR NAPOLITANO. Mary Ellen Atkins, Lucas Ave., and Penelope Hunt, Dartmouth St., addressed the Council regarding rentals. Discussion occurred among the Council. The motion to approve was VOTED UNANIMOUSLY.
~ Proclamation honoring the Rogers High School Baseball team ~
Moved to allow the team time to arrive.
MAYOR KHAMSYVORAVONG introduced the baseball team and presented the proclamation.
6. Funding the Rogers High School Building Project- X. Khamsyvoravong, C. Holder
MAYOR KHAMSYVORAVONG introduced the resolution and moved for its passage. Seconded by COUNCILOR HOLDER. Discussion occurred among the Council. The following members from the public addressed the Council:
Louisa Boatwright, Second Street
Becky Bolan, Channing Street
David Coustigani, Vice President, Teachers Association of Newport
Kendra Wilson Muenter, 22 Homer St.
Amy Machado, 12 Burdick Ave.
Tina Brownell, 15 Florence Ave.
Ali Oakley, 115 Van Zandt Ave.
Penelope Hunt, 15 Dartmouth St.
Amy Azura, 102 Warner St.
Sandra Flowers, 16 Keeher Ave.
Bowie Ezra Von Doom, Rogers High School student
Megan Landry, 41 Bayside Ave.
Colleen Jermain, Brenton Rd.
Stephanie Winslow, Roland Road
Pete Rice, Harrison Lane
Discussion occurred among the Council members. Jim Nolan, Interim Finance Director, addressed the Council to answer questions. COUNCILOR LIMA moved to amend the resolution to change $4 million in the first resolve to $3 million. Seconded by COUNCILOR CEGLIE. and VOTED UNANIMOUSLY. COUNCILOR CARLIN moved to call the question on the resolution as amended. Seconded by COUNCILOR HOLDER and voted 4-3 with COUNCILOR CEGLIE, COUNCILOR LIMA, and COUNCILOR NAPOLITANO opposed.
COUNCILOR CARLIN left the dais.
COUNCILOR LIMA moved to amend the resolution by removing the second resolve. Seconded by COUNCILOR CEGLIE. Discussion continued among the Council and CITY SOLICITOR BEHAN. COUNCILOR CARLIN returned to the dais and reminded the Council members the question had been called and the vote was taken on the final resolution as amended, therefore, no further action could be taken.
Discussion occurred among the Council and CITY SOLICITOR BEHAN regarding Roberts Rules of Order. No further action was taken.
7. Honoring Mary J. Connolly- Council
MAYOR KHAMSYVORAVONG introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
8. Memorandum from City Solicitor Christopher J. Behan, Esq., RE: Rogers High School Construction Project Including Dirt Pile and Landfill
COUNCILOR CEGLIE moved to receive the memorandum. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
9. Memorandum from the City Manager RE: Temporary Traffic Pattern During Newport Folk Festival
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
10. Action Item #6290/24 – RE: Award of Contract - Audit Services (w/accompanying resolution)
COUNCILOR CEGLIE moved to approve the communication. Seconded by COUNCILOR NAPOLITANO. David Martland Esq addressed the Council on behalf of the applicants. Tom Gibson, Friends of the Waterfront, addressed the Council regarding public access. Discussion occurred among the Council. COUNCILOR CARLIN moved to request the City Administration send a letter of no objection to C.R.M.C. in 30 days. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.
11. Action Item #6291/24 – RE: CRMC File No. 2024-02-002 - Application of 96 Washington Street LLC, c/o Andrew & Kelly Salem, 96 Washington Street – Residential Dock
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
12. Action Item #6292/24 – RE: Award of Bid # 24-946 – Pavement Marking Program 2024 (w/accompanying resolution)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying ordinance. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
13. Action Item #6293/24 – RE: Ordinance Revision – 10.24.050. Parking is prohibited at all times in designated places (w/accompanying ordinance)
COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
14. Action Item #6294/24 – RE: Modification 3 - Contract 22-012-4 – Professional Engineering 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.
15. Action Item #6295/24 – RE: Amendment No. 3 & 4 – Contract 21-010 - Engineering Services Repair & Rehabilitation of 3MG Reservoir Road Storage Tank – SCADA Integration and RPR 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 #6296/24 – RE: Change Order #1 – Contract #24-015 - Sewer Rehabilitation Within Various Sub-Basins (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 #6297/24 – RE: Amendment No. 1 – Contract 22-026 - Engineering Services Wastewater Rehabilitation Pilot Program (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 NAPOLITANO and VOTED UNANIMOUSLY.
18. Action Item #6298/24 – RE: Adoption of City of Newport Strategic Plan 2024 (w/accompanying resolution)
1. Class F-1 Daily Liquor License, Sail Newport, d/b/a 40th Anniversary Newport Regatta, Fort Adams; July 13-14, 2024 from 4:00 p.m. to 9:00 p.m.
2. Class F-1 Daily Liquor License, Newport Art Museum, d/b/a Sailing Photography Pop Up & Panel, Newport Art Museum; July 16, 2024 from 4:15 p.m. to 8:15 p.m.
COMMISSIONER CEGLIE moved to approve the Consent Calendar in its entirety. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
3. Action Item #6299/24 – RE: Show Cause Hearing: Waite’s Wharf Grille, LLC, d/b/a The Boat Dockside -Violations of the Conditions of the Class BV Alcoholic Beverage License - Service of Alcoholic Beverages to Underage Patrons (Hearing)
4. Application of Bloody Bull, LLC, d/b/a Gardiner House, 24 Lee’s Wharf, holder of a Class BT alcoholic beverage license to expand the licensed premises by adding a 35’ x 85’ outdoor lawn service area (Hearing)
COMMISSIONER HOLDER recused.
David Martland, Esq., addressed the Board to amend the application by removing the service area and stated it would be for gathering only. COMMISSIONER CEGLIE moved to close the public hearing and amend the application per Attorney Martland’s request. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
MAYOR KHAMSYVORAVONG moved to approve the license as amended. Seconded by COMMISSIONER CEGLIE and VOTED UNANIMOUSLY.
Adjourn- 9:26 p.m.
Laura C. Swistak, CMC
City Clerk