Feb. 14, 2024 - Regular Session

CITY OF NEWPORT

MINUTES FOR THE REGULAR CITY COUNCIL

MEETING

FEBRUARY 14, 2024

(Approved 3/13/2024)

The following items of business, filed with the City Clerk under the Rules of the Council came before the Council at meeting held at 6:30 pm in the City Council Chambers, 43 Broadway, Newport, RI 02840

COUNCILOR MCCALLA presented citations to members of the community in honor of Black History Month.

Nycole Marvelous Matthews

Khadija Lewis Khan

Veronica "Conaky" Mays

Jody Pacheco

Victoria Johnson

Ellen Pinnock

Andre Williams

Olivia Jones

Rob Base Brown

Rev. Glen Leverette

Rev. Lauri Smalls

Rev. Alvin Riley

Citizens’ Forum: No speakers

a. Minutes of the Workshops held October 24, 2023, October 25, 2023, October 28, 2023, December 13, 2023, January 3, 2024, January 23, 2024 and January 31, 2024; Council Meetings held January 10, 2024 and January 24, 2024 and Council Interviews held on January 24, 2024 (Approve)

b. Special Events:

1. Marketing & Events, d/b/a 36th Annual Newport Winter Festival, various locations including Long Wharf; February 17, 2024 from 11:00 a.m. to 3:30 p.m., February 24 & 25, 2024 from 11:00 a.m. to 2:00 p.m.

2. Puddingstone Events, Inc./Clemens Teufel, d/b/a Impressionism and Beyond, Gardiner House, 24 Lee’s Wharf; February 22, 2024 from 7:00 p.m. to 9:00 p.m.

3. Coastal Property Management, d/b/a Easter Bunny @ Shops at Long Wharf, Long Wharf Mall; March 23, 2024 (rain date- March 24, 2024)

REMOVED 4. Gray Matter Marketing, d/b/a Newport Night Run, Rogers High School, Ocean Drive; April 6, 2024 from 7:30 p.m. to 9:00 p.m.

MAYOR KHAMSYVORAVONG recused.

COUNCILOR CEGLIE moved to approve the license.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY (6-0)

5. Bowen’s Wharf Co., d/b/a Newport Oyster & Chowder Festival, Bowen’s Wharf & Market Square; May 18 & 19, 2024 from 11:00 a.m. to 6:00 p.m.

REMOVED 6. Gray Matter Marketing, d/b/a BankNewport 10 Miler, Fort Adams/Ocean Drive area; June 2, 2024 from 7:15 a.m. to 10:30 a.m.

COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

7. Fireworks Display, Bailey’s Beach Club, barge off of Bailey’s Beach; July 6, 2024, 10- minute display beginning at 9:15 p.m.

REMOVED 8. Gray Matter Marketing, d/b/a Craft Brew Races Newport, Fort Adams; July 20, 2024 from 12:00 p.m. to 4:00 p.m.

COUNCILOR CEGLIE m oved to approve the license.  Seconded by COUNCILOR HOLDER COUNCILOR CARLIN stated he had no objections to the event but he reserved the right to ask questions during the Board of License Commissioners.  The motion to approve was  VOTED UNANIMOUSLY.

REMOVED 9. Communication from Turner C. Scott, Esq., re: Request to amend the dates of the special event license for the U.S. Open approved on January 10, 2024 to include July 1, 2024 (Approve)

COUNCILOR CEGLIE moved to approve the communication.  Seconded by COUNCILOR HOLDER.  COUNCILOR CARLIN stated he had no objections to the event and that it will bring many visitors to Newport.    The motion to approve was  VOTED UNANIMOUSLY.

c. Bingo License, Daily, Newport Harbor Hotel & Marina, 49 America’s Cup Ave., February 24, 2024 at 5:00 p.m.

d. Holiday Selling License, New, Seashells in Bloom, LLC, d/b/a IDYL, 33 Bannisters Wharf

e. Communication from Maureen Cronin, Chair, Tree and Open Space Commission, re: Supporting the proposed equipment shed in Braga Park by the Newport Little League (Approve)

REMOVED f. Communication from Officer John Sullivan, Newport Police Department, President, AINPP, re: Request permission to hold the annual Aquidneck Island Police Parade on May 5, 2024 beginning at 11:50 p.m. and to be the sole vendor (Approve subject to details being worked out with city administration)

COUNCILOR CEGLIE moved to approve subject to details being worked out with city administration.  Seconded by COUNCILOR CARLIN.  COUNCILOR CARLIN invited the public to attend and reminded the public the event recognizes and honors the first responders.  The motion to approve was VOTED UNANIMOUSLY.

g. Communication from Conor Melville, Manager, Newport Roast Beef Co., re: Notification of change in d/b/a to Newport Sandwich Co. at 469 Thames St. (Receive and make part of licensee’s file)

h. Actuarial Valuation Reports, Police and Fire Pension and Other Post-Employment Benefit (OPEB) Valuations effective July 1, 2023 (Receive)

i. Annual Comprehensive Financial Report for year ending June 30, 2023 (Receive)

COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety with the exception of items b(4), b(6), b(8) and b(9) and f. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

2. Mobile Food Truck, Renewal, Newport Chowder Company, LLC, d/b/a Newport Chowder Company, 10 Pell St.

COUNCILOR CEGLIE moved to approve the license.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

3. Mobile Food Cart, Renewal, GMP Hospitality, d/b/a Drift Café, 298 Broadway

COUNCILOR CEGLIE moved to approve the license.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

Council Liaison Updates

MAYOR KHAMSYVORAVONG provided an update on the Learn 365 initiative.

Appointments

** Planning Board**- Jarrod Pimentel (3-year term expires 10/31/2024)

MAYOR KHAMSYVORAVONG moved to appoint Jarrod Pimentel to the Planning Board. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

5. Supporting the R.I. League of Cities and Towns 2024 Legislative Priorities

COUNCILOR CEGLIE introduced the resolution and moved for its passage.  Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.

6. Joining the Town of Jamestown in advocating for the use of 16.9 acres of Gould Island for public recreation

COUNCILOR CEGLIE introduced the resolution and moved for its passage.  Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.

7. Revenue Review Committee- A. McCalla, L. Ceglie

COUNCILOR MCCALLA introduced the resolution and moved for its passage.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

8. Requesting the local Legislative Delegation introduce legislation authorizing local governance of houseboats- D. Carlin

COUNCILOR CEGLIE introduced the resolution and moved for its passage. Seconded by COUNCILOR CARLIN.

9. Requesting the City Council recognize the Ancient Order of Hibernians Pipe and Drum Band on the occasion of the 25th Anniversary of the Sister City twinning of Newport RI and Kinsale, Ireland and authorizes $7,500 in community support funding to help offset the costs of travel for the band, who will be performing as part of the visiting Newport, R.I. delegation- D. Carlin

COUNCILOR CEGLIE moved to withdraw the resolution. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

10. Requesting the City Council to authorize $2,500 in support of the R. I. City and Town Clerk’s Association in advance of the New England Association of City and Town Clerk’s conference being held in Newport in November 2024 - D. Carlin

COUNCILOR CEGLIE introduced the resolution and moved for its passage.  Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.

11. Council Priorities Dashboard

No discussion occurred

12. Action Item #6228/24 – RE: Award of Contract – RFP #2023-074 - State Government Relations and Advocacy Services and Transfer from Council Contingency (w/accompanying resolution)

COUNCILOR CEGLIE moved to continue the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council regarding the process and need for the services. The motion to continue was voted 4-3 with COUNCILOR ARAMLI, COUNCILOR HOLDER and MAYOR KHAMSYVORVONG opposed.

13. Action Item #6229/24 – RE: First Reading of Non-Union Personnel Ordinance (w/accompanying resolution and ordinance)

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying ordinance on first reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

14. Action Item #6230/24 – RE: Grant of Easement – The Narragansett Electric Company, d/b/a Rhode Island Energy-Electrical Distribution System – New Rogers High School Project (w/accompanying resolution)

COUNCILOR CEGLIE moved to approve the communication and adopt the accompanying resolution.  Seconded by COUNCILOR NAPOLITANO.  Discussion occurred among the Council members.  COUNCILOR CARLIN moved to continue the item and require a representative from National Grid be present at the next meeting as well as the school attorney and superintendent be present at the next meeting.  The following members from the public addressed the Council:

Alicia Cirpriano, 7 Sullivan St.

Peter Rice, Harrison Lane

The motion to continue was voted in favor 6-0 (Councilor McCalla left the dais prior to the vote and was not present)

15. Action Item #6231/24 – RE: Recommendation to Raise Cruise Ship Landing Fees (w/accompanying resolution)

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

16. Action Item #6232/24 – RE: Award of Contract – RIMPA - Cliff Walk Repair Professional Services for Final Design & Construction Phase 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 #6233/24 – RE: Award of Contract-RIMPA-James L. Maher Center Feasibility Study and Design of Office Space (w/accompanying resolution)

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council. The motion to approve was VOTED UNANIMOUSLY.

18. Action Item #6234/24 – RE: Award of Bid # 24-063 – Roadway Resurfacing Project 2024 (w/accompanying resolution)

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO. William Boardman, City Engineer, addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY.

19. Action Item #6235/24 – RE: Award of Contract – RIMPA - Brick Market Newport History Museum HVAC Architectural and Engineering Services (w/accompanying resolution)

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLTIANO and VOTED UNANIMNOUSLY.

20. Action Item #6236/24 – RE: Ordinance Revision – 10.24.010. Parking prohibited at all times in designated places (w/accompanying ordinance)

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying ordinance on first reading. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

21. Action Item #6237/24 – RE: Ordinance Change: Chapter 12.32.061 - Public Tennis Courts and Running Tracks-Regulations (w/accompanying ordinance)

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying ordinance on first reading. Seconded by COUNCILOR NAPOLITANO and 6-1 with COUNCILOR CARLIN opposed.

22. Action Item #6238/24 – RE: Show Cause Hearing – MMKJR, Inc., d/b/a A-1 Pizza, 306 Broadway – 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. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

23. Action Item #6239/24 – RE: Show Cause Hearing –Jakhar Enterprise, Inc. d/b/a 7-Eleven 23880D, 29 Memorial Blvd. – 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

24. Action Item #6240/24 – RE: Show Cause Hearing – Springline Coffee, LLC, d/b/a Springline Coffee, LLC, 33 Bannisters Wharf – 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. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

25. Action Item #6241/24 – RE: Show Cause Hearing – Bellevue Boards, LLC, d/b/a Bellevue Boards, 84 Broadway – 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. Seconded by COUNCILOR HOLDER and VOTED UNANIMOUSLY.

26. Action Item #6242/24 – RE: Show Cause Hearing – Bossy Monkey Corporation, d/b/a Bossy Monkey, 472 Thames Street – 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 continue the hearing to February 28, 2024.  Seconded by COUNCILOR HOLDER 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 Licenses:

REMOVED a. Gray Matter Marketing, d/b/a BankNewport 10 Miler, Fort Adams/Ocean Drive area; June 2, 2024 from 7:15 a.m. to 10:30 a.m.

REMOVED b. Gray Matter Marketing, d/b/a Craft Brew Races Newport, Fort Adams; July 20, 2024 from 12:00 p.m. to 4:00 p.m.

Matthew Gray, applicant, addressed the Board regarding the licenses.  COMMISSIONER CEGLIE moved to approve the licenses.  Seconded by COMMISSIONER CARLIN and VOTED UNANIMOUSLY.

2. Class F-1 Daily Liquor License, United States Golf Association, d/b/a U. S Senior Open Championship, Newport Country Club; June 24, 2024 through July 1, 2024 from 8:00 a.m. to 9:00 p.m.

3. Communication from 1899, LLC, d/b/a La Costa on Thames, 515 Thames St., holder of a Class BL alcoholic beverage license, to change the d/b/a to The Cluck House (Receive and make part of licensees file)

COMMISSIONER CEGLIE moved to approve the Consent Calendar in its entirety with the exception of items 1(a) and 1(b).  Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.

4. Action Item #6243/24 – RE: Show Cause Hearing: Bull Shot, LLC, d/b/a Cabana - Operating Without a Valid Class BV Alcoholic Beverage License

COMMISSER CEGLIE opened the hearing. David Martland, Esq., addressed the Board on behalf of the application to request a continuance for one month. COMMISSER CEGLIE had questions regarding the trash being left around the building. Callum McLaughlin, owner, addressed the Board regarding the trash. COMMISSIONER CEGLIE moved to continue the hearing for one month. Seconded by COMMISSIONER CARLIN and VOTED UNANIMOUSLY.

5. Action Item #6244/24 – RE: Show Cause Hearing: Newport North Hotel Property, LLC, d/b/ Wayfinder - Operating Without a Valid Class BT Alcoholic Beverage License

COMMISSIONER CEGLIE opened the public hearing.  Dan Balceniuk, General Manager, addressed the Board to provide an update.  COMMISSIONER CEGLIE moved to continue the hearing to March 13, 2024.  Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.

Adjourn- 8:59 p.m.

Laura C. Swistak, CMC

City Clerk