Jun. 12, 2024 - Regular Session

Newport

Minutes · June 12, 2024

CITY OF NEWPORT

MEETING

JUNE 12, 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:

Citizens’ Forum:

a. Minutes of the Regular Council meeting held May 8, 2024, Workshops held May 1 & 2, 2024 and Boards and Commission Interviews held May 22 & 28, 2024 (Approve)

b. Special Events:

1. Newport Polo, Inc., d/b/a Polo Pony Arrival by Dominican & USA Teams, Gateway Center to Bannister’s Wharf/Clarke Cooke House; June 14, 2024, from 6:00 p.m. to 6:30 p.m.

2. Richard Lynn, d/b/a Newport Live Presents Jazz from South Africa-Melanie Scholtz and Aaron Rimbui, Newport Art Museum; June 21, 2024 from 7:30 p.m. to 9:30 p.m.

3. Puddingstone Events, Inc., d/b/a Harmonies in Motion, Newport Art Museum; June 22, 2024 from 5:30 p.m. to 7:30 p.m.

4. Veronica Mays, d/b/a Rec Reunion Meet and Greet, Family Cookout, Basketball Tournament and Farewell, Quaker Meeting House, Miantonomi Park, Martin Luther King Center Basketball Courts and King Park; 8/9 from 6:00 a.m. to midnight, 8/10 from 10:00 a.m. to 4:00 p.m. & 8/12 from 10:00 a.m. to 7:00 p.m.

5. Danielle Genest, d/b/a Newport Contemporary Ballet’s Fall Performances, Elks Club, 141 Pelham St.; October 11, 12 & 13, 2024 from 7:30-9:00 p.m. Friday and Saturday and 2:00 p.m. – 3:30 p.m. on Sunday

6. Rhode Races & Events, Inc., d/b/a Newport Rhode Races, Easton’s Beach; April 19, 2025 from 7:30 a.m. to 1:30 p.m.

c. Holiday Selling License, Renewal, Newport Sea Foam Trading, LLC, d/b/a Newport SeaFoam Trading Co, 415 Thames St.

d. Holiday Selling License, Renewal, Wagon Wheel, Inc., d/b/a Wagon Wheel, 246 Thames St.

e. Holiday Selling License, New, Malibu Friday, LLC, d/b/a Palm & Sage, 125 Swinburne Row

f. Tattoo License, New, Operator, Timothy J. Freeman, Anchor Steam Tattoo Gallery, 44 Broadway

REMOVED g. Victualing License, change of d/b/a- Bossy Monkey Corporation, d/b/a Mountain Moose, 472 Thames St. (Approve and make part of licensee’s file)

COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO. COUNCILOR CARLIN had questions regarding the application. The motion to approve was VOTED UNANIMOUSLY.

h. Communication from Coastal Extreme Brewing Company, LLC, d/b/a Newport Craft Brewery, re: Request to amend the Brew & Bites special event license to change July 25 to July 24, 2024 (Approve)

i. Communication from Gregory F. Fater, re: Requesting permission to place temporary signs on Connell Highway, Memorial Blvd. and America’s Cup Ave. on game days (Approve subject to details being worked out with city administration)

REMOVED j. Communication from Coastal Resources Management Council, re: Application of 96 Washington St., LLC for a State of Rhode Island Assent to construct and maintain a residential dock at 96 Washington St., Plat 12, Lot 247- Narragansett Bay

COUNCILOR CEGLIE moved to approve the communication. Seconded by COUNCILOR NAPOLITANO. COUNCILOR CARLIN had questions regarding the request. CITY SOLICITOR BEHAN addressed the Council to answer questions regarding the process and indicated the Waterfront Commission will be reviewing the request as well. David Martland, Esq., addressed the Council on behalf of the applicants. Linda Stevenson, Friends of the Waterfront, addressed the Council regarding the Right of Way. COUNCILOR CARLIN moved to amend the communication with the Council sending CRMC and objection. COUNCILOR CARLIN removed his request.

k. Communication from Dale Nelson, re: Resignation from the Historic District Commission (Receive with regret)

l. Communication from Christian Belden, re: Resignation from the Aquidneck Island Planning Commission (Receive with regret)

REMOVED m. Communication from Laura Treonze, re: Request permission to host a block party and close Willow Street on June 22, 2024, from 6:00 p.m. to 8:00 p.m. (Rain date- June 23, 2024) (Approve subject to details being worked out with city administration)

COUNCILOR CELIE moved to approve the request. Seconded by COUNCILOR NAPOLITANO. Laura Treonze addressed the Council regarding the request. The motion to approve was VOTED UNANIMOUSLY.

REMOVED n. Communication from Nicholas Armour, Zoning Officer, re: Proposed amendments to the Zoning Ordinance (Receive and order advertised for public hearing)

COUNCILOR CEGLIE moved to receive the amendments and order advertised for public hearing. Seconded by COUNCILOR NAPOLITANO. COUNCILOR ARAMLI requested the amendments be listed separately for the public hearing. The motion to approve was VOTED UNANIMOUSLY.

COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety except for items g, j, m, and n. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

2. Special Event License, Rhode Island Society Sons of the Revolution, d/b/a Newport Independence Day Celebration, in and around Washington Square; July 4, 2024, from 10:00 a.m. to noon

COUNCILOR CEGLIE moved to approve the license and refer the road closure request to the administration for a determination. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

Road Closure Request- Park Place

3. Newport Historical Society, d/b/a French in Newport, Washington Square/Colony House; July 13-14, 2024 from 11:00 a.m. to 4:00 p.m.

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

Road Closure Request- Park Place 7/13 from 3:15 p.m. to 4:00 p.m.

COUNCILOR CEGLIE moved to refer the road closure request to the administration for a determination. Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.

4. Victualing License, New, Lion Capital LLC & Aryn Hawks, LLC, d b/a to be determined, 140 Broadway

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

5. Victualing License, Expansion, Liquor Thames, LLC, d/b/a Bar & Board, 282 Thames St., 1st & 2nd-floor patio to include a 900 square foot 2nd-floor deck above 1st-floor patio consisting of 10 tables and 37 chairs and temporary 900 square foot seasonal area for 2024

COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO.

Tanner Jackson, Esq., addressed the Council on behalf of the applicant. James Mullowney, 38 Pelham St. and Thomas and Diana Sutton, Almondy Inn Owners addressed the Council to express concerns. Discussion occurred among the Council. Beau Akers, Esq., addressed the Council on behalf of the applicant.

The motion to approve was VOTED UNANIMOUSLY.

6. Victualing License, Expansion, Radish Patch, LLC, d/b/a Vieste Vino Hooked, 580 Thames St. Units B102, B103, and B104 to add outdoor service area consisting of 502 square foot patio consisting of 14 tables and 56 chairs

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

7. Entertainment License, Renewal, Class A (indoor), Irish American Athletic Club, d/b/a Irish American Athletic Club, 642 Thames St.

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

8. Entertainment License, New, Class A (indoor), 1899, LLC, d/b/a The Heritage Restaurant Group, d/b/a TBD, 140-142 Thames St. to have entertainment Sunday through Saturday from 11:00 a.m. to 1:00 a.m. (Hearing)

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

9. Entertainment License, New Class A (indoor) and Class B (outdoor), Smokehouse Restaurant, Inc., d/b/a Smokehouse, 31 Scotts Wharf, to have entertainment on Friday, Saturday, and Sunday from 12:00 p.m. to 9:00 p.m.

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

Appointments

Historic District Commission - Raymond Goddard (alternate to full member-3-year term expires 2/3/2026)

COUNCILOR ARAMLI recused.

MAYOR KHAMSYVORAVONG moved to appoint Raymond Goddard as full member. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY (6-0).

Reappointments

Canvassing Authority - Donato D’Andrea Canvassing Authority (6-year term 3/4/2030)

COUNCILOR CARLIN moved to reappoint Donato D’Andrea to the Canvassing Authority. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

Council Liaison Updates

11. Tourism and Marketing District- L. Ceglie, J. Napolitano, C. Holder

COUNCILOR CEGLIE introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council. Katherine Farrington and Timothy Walsh, Discover Newport, addressed the Council regarding the District. The motion to approve was VOTED UNANIMOUSLY.

12. Amending Chapter 8.12 of the Codified Ordinances, entitled, “Noise Abatement”, to amend Section 8.12.130 entitled, “Motorized Vehicles” (Second Reading)

COUNCILOR CEGLIE moved to adopt the ordinance on second reading. Seconded by COUNCILOR NAPOLITANO. T.J. Provost, 37 Sheffield Ave. addressed the Council regarding leaf blower noise. The motion to approve was VOTED UNANIMOUSLY.

13. Council Priorities Dashboard

14. Communication from Luke Ahearn, Tournament & Events Manager, International Tennis Hall of Fame, re: Request to implement a no parking zone along the entire frontage of 9 Memorial Blvd. to 27 Memorial Blvd. for the Hall of Fame Open on July 14-21, 2024

COUNCILOR CEGLIE moved to approve the request. Seconded by COUNCILOR NAPOLITANO. COUNCILOR CARLIN had questions for the Tennis Hall of Fame representatives. Brewer Rowe, addressed the Council to answer questions. The motion to approve was voted (6-1) with COUNCILOR CARLIN opposed.

15. Action Item #6281/24 – RE: Award of Contract -- Engineering Services for Gateway Parking Garage (w/accompanying resolution)

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO. Robert Schultz, Director of Utilities addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY.

16. Action Item #6282/24 – RE: Agreement - Interstate Navigation Company - Use of Perrotti Park Dock (w/accompanying resolution)

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO. Stephen Land, Harbormaster, addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY.

17. Action Item #6283/24 – RE: Award of Bid # 2024-39 -- Road Materials (w/accompanying resolution)

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

18. Action Item #6284/24 – RE: Award of Bid # 2024-040 – Hauling of Street Sweepings (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 #6285/24 – RE: Award of Bid #2024-079 – Murphy Field Athletic Turf Improvements (w/accompanying resolution)

COUNCILOR CEGLIE moved to receive the communication and adopt the accompanying resolution. Seconded by COUNCILOR NAPOLITANO. Scott Wheeler, Supervisor of Parks, Grounds and Forestry, addressed the Council to answer questions. The motion to approve was VOTED UNANIMOUSLY.

20. Action Item #6286/24 – RE: Award of Bid # 24-483 - Water Treatment Chemicals (w/accompanying resolution)

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

21. Action Item #6287/24 – RE: Award of Bid # 24-077 - Utilities Supplies (w/accompanying resolution)

22. Action Item #6288/24 – RE: Amendment No. 2 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.

23. Action Item #6289/24 – RE: Contract 22-012-3 Modification #2 - Drainage System Investigation & Flooding Analysis - Prescott Hall Watershed - Elizabeth Brook Daylighting and Master Planning (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.

1. Class F Daily Liquor License, Richard Lynn, d/b/a Newport Live Presents Jazz from South Africa-Melanie Scholtz and Aaron Rimbui, Newport Art Museum; June 21, 2024 from 6:30 p.m. to 9:30 p.m.

2. Class F Daily Liquor License, Newport Art Museum, d/b/a Harmonies in Motion, Newport Art Museum; June 22, 2024, from 5:30 p.m. to 7:30 p.m.

COMMISSIONER CEGLIE moved to adopt the Consent Calendar in its entirety. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.

3. Application of Bull Shot, LLC, d/b/a Cabana, 140 Broadway, holder of a Class C alcoholic beverage license to transfer ownership to Lion Captial LLC (66.6%) and Aryn Hawks, LLC (33 1/3%), d/b/a to be determined, for the same premises (Hearing)

COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.

4. Application of Liquor Thames LLC, d/b/a Bar & Board, 282 Thames St., 1st & 2nd-floor patio, holder of a Class BV alcoholic beverage license to expand the licensed premises by adding a 900 square foot 2nd-floor deck above the 1st-floor patio consisting of 10 tables and 37 chairs and a temporary 900 square foot seasonal area for 2024 (Hearing)

COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.

5. Application of Radish Patch, LLC, d/b/a Vieste Vino Hooked, 580 Thames St. Units B102, B103, and B104, holder of a Class BV alcoholic beverage license to expand the licensed premises by adding a 502 square foot outdoor service area consisting of 14 tables and 56 chairs (Hearing)

COMMISSIONER CEGLIE moved to close the public hearing and approve. Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.

Adjourn- 8:48 p.m.

(Rev.6.10.24)

Laura C. Swistak, CMC

City Clerk