Jul. 10, 2024 - Regular Session

CITY OF NEWPORT

MINUTES FOR THE REGULAR CITY COUNCIL

MEETING

JULY 10, 2024

(Approved 8/14/24)

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 Roll and the following members were present:

XAY KHAMSYVORAVONG

LYNN UNDERWOOD CEGLIE

JEANNE MARIE NAPOLITANO

ANGELA LIMA

CHARLIE HOLDER

MARK ARAMLI

DAVID CARLIN

Citizens’ Forum

COUNCILOR CEGLIE opened the public hearing. Hearing no comment from the public, COUNCILOR CEGLIE moved to close the public hearing. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

a. Recommendation from the Planning Board

COUNCILOR CEGLIE moved to receive the communication from the Planning Board. Seconded by COUNCILOR NAPOLITANO. Patricia Reynolds, Director of Planning and Economic Development, addressed the Council to answer questions. The motion was VOTED UNANIMOUSLY.

b. Chapter 17.04, entitled, “General Provisions”, amending Section 17.04.050, entitled, “General Requirements” (First Reading)

COUNCILOR CEGLIE moved to approve items b, n, o, p, q, r and u. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

c. Chapter 17.08, entitled, “Definitions” (First Reading)

CITY SOLICITOR BEHAN addressed the Council.  COUNCILOR CEGLIE moved to approve the ordinance except the definition of “lot building coverage”.  Seconded by COUNCILOR  NAPOLITANO and VOTED UNANIMOUSLY.

CITY SOLICITOR BEHAN recommended an amendment to “lot building coverage” by replacing 6 inches with 32 inches and 30 inches changed to 32 inches.  COUNCILOR CARLIN moved to amend the definition per the Solicitor's recommendation.  Seconded by COUNCILOR NAPOLITANO.  Nicholas Armour, Zoning Officer, addressed the Council regarding the definition.  Discussion occurred among the Council.  COUNCILOR ARAMLI moved to amend the ordinance by changing 32” to 48”.  Seconded by MAYOR KHAMSYVORAVONG.   Patricia Reynolds, Director of Planning and Economic Development.  Discussion occurred among the Council.

MAYOR KHAMSYVORAVONG moved to table the amendment to the ordinance.  Seconded by COUNCILOR CARLIN.  Discussion occurred among the Council.  MAYOR KHAMSYVORAVONG withdrew the motion to table.  MAYOR KHAMSYVORAVONG moved to continue the amendment.  Seconded by COUNCILOR CARLIN.  Discussion occurred among the Council. MAYOR KHAMSYVORAVONG moved to withdraw the motion to continue.

COUNCILOR CEGLIE moved to approve the ordinance as amended. Seconded by COUNCILOR ARAMLI and VOTED UNANIMOUSLY.

d. Chapter 17.12, entitled, “Districts Generally” (First Reading)

COUNCILOR CEGLIE moved to continue items d, e, f, g, h, i, j, k, l and m. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

e. Chapter 17.16, entitled, “R-3 Residential District” (First Reading)

f. Chapter 17.20. entitled, “R-10 Residential District” (First Reading)

g. Chapter 17.24, entitled, “R-10A Residential District” (First Reading)

h. Chapter 17.28, entitled, “R-20 Residential District” (First Reading)

i. Chapter 17.32, entitled, “R-40 Residential District” (First Reading)

j. Chapter 17.36, entitled, “R-40A Residential District” (First Reading)

k. Chapter 17.40, entitled, “R-60 Residential District” (First Reading)

l. Chapter 17.44, entitled, “R-120 Residential District” (First Reading)

m. Chapter 17.48, entitled, “R-160 Residential District” (First Reading)

n. Chapter 17.65, entitled, “Innovation Hub” (First Reading)

COUNCILOR CEGLIE moved to approve items b, n, o, p, q, r and u. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

o. Chapter 17.72, entitled, “Substandard Lots and Nonconforming Uses” (First Reading)

COUNCILOR CEGLIE moved to approve items b, n, o, p, q, r and u. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

p. Chapter 17.76, entitled, “Signs” (First Reading)

COUNCILOR CEGLIE moved to approve items b, n, o, p, q, r and u. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

q. Chapter 17.86, entitled, “Demolition of Structures” (First Reading)

COUNCILOR CEGLIE moved to approve items b, n, o, p, q, r and u. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

r. Chapter 17.88, entitled, “Development Plan Review” (First Reading)

COUNCILOR CEGLIE moved to approve items b, n, o, p, q, r and u. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

s. Chapter 17.104, entitled “Parking and Loading Standards” (First Reading)

CITY SOLICITOR BEHAN addressed the Council regarding the ordinance amendments and recommended 17.104. 040 (D) be approved. COUNCILOR CEGLIE moved to amend the ordinance 17.104.010(D). Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

COUNCILOR CEGLIE moved the amendment for 17.104.040 (e) be continued. Seconded by COUNCILOR LIMA and VOTED UNANIMOUSLY.

t. Add New Chapter, 17.78, entitled, “Accessory Uses, Buildings, and Structures” (First Reading)

COUNCILOR CEGLIE moved to approve the new chapter subject to that it will supersede the existing chapter entitled Accessory Uses. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

u.   Chapter 2.68, entitled, “Planning Board”, amending Section 2.68.040, entitled “Federal, State and Local Assistance” and 2.68.80, entitled “Subdivision Regulations” (First Reading)

COUNCILOR CEGLIE moved to approve items b, n, o, p, q, r and u. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

2.   ** CONSENT CALENDAR** (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION.  ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES (#31-80 AND #98-40).

a. Special Events:

1. Ron Kitt, d/b/a The Newport Kite Festival, Brenton Point State Park, July 13-14, 2024, from 12:00 p.m. to 4:00 p.m.

2. Aquidneck Land Trust, d/b/a Fundraiser, 237 Ruggles Ave.; July 16, 2024, from 6:00 p.m. to 10:00 p.m.

3. Aquidneck Land Trust, d/b/a Fundraiser, 540 Bellevue Ave., July 17, 2024, from 6:00 p.m. to 10:00 p.m.

4. Aquidneck Land Trust, d/b/a Fundraiser, 26 Parker Ave.; July 17, 2024, from 6:00 p.m. to 10:00 p.m.

5. Aquidneck Land Trust, d/b/a Fundraiser, 325 Ocean Ave.; July 17, 2024, from 6:00 p.m. to 10:00 p.m.

6. Aquidneck Land Trust, d/b/a Fundraiser, 10 Ocean Heights Rd.; July 17, 2024 from 6:00 p.m. to 10:00 p.m.

7. Salve Regina University/Lindsay Guarino, d/b/a Bridging the Gap: Jazz at the Casino and Jazz Lounge, Casino Theater and Ochre Court; July 30-31, 2024 from 7:30 p.m. to 10:30 p.m.

8. Newport Art Museum, d/b/a Wet Paint Preview Party & Wet Paint, Newport Art Museum; August 9, 2024 from 4:00 p.m. to 9:00 p.m. & August 10, 2024 from 11:00 a.m. to 8:00 p.m.

9. Newport Tree Conservancy, d/b/a 2024 Evening of Arboreta, 36 Beacon Hill Rd. – Wyndham Estate; August 9, 2024 from 5:30 p.m. to 9:30 p.m.

10. The Japan-America Society and Black Ships Festival of Rhode Island, Inc., d/b/a Black Ships Festival Gala, Ochre Court; August 17, 2024 from 6:30 p.m. to 10:30 p.m.

b. Holiday Selling License, Renewals, Gregory Jordan and Andrew Borer:

1. d/b/a House of Scrimshaw and Gifts, 132 Thames St.

2. d/b/a New Store, The, 101 Swinburne Row

3. d/b/a Newports Best Tee Shirts, Sweatshirts, Souvenirs, 107 Swinburne Row

4. d/b/a Souvenier Stop, The, 115 Swinburne Row

5. d/b/a Souvenier Stop II, The, 359 Thames St. Unit F2

6. d/b/a T-Shirt Town, 182 Thames St. Unit A & B

c. Communication from Nicholas Armour, Zoning Officer, re: Proposed amendments to the Zoning Ordinance (Receive and order advertised for public hearing August 14, 2024)

COUNCILOR CEGLIE moved to approve the Consent Calendar in its entirety except items a. (2-6).  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

3. 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 (Second Hearing)

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

4. Victualing License, New Owner, Ruo Shui LLC, d/b/a I M Sushi Japanese Restaurant, 258 Bellevue Ave.

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

Appointments

** Energy and Environment Commission** – Karl “Andy” Bjork ( 3 year term expires 4/9/2025)

MAYOR KHAMYSOVRAVONG moved to appoint Karl “Andy” Bjork to the Energy and Environment Commission.  Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

Council Liaison Updates

6. Short Term Rentals – M. Aramli, J. Napolitano

COUNCILOR ARAMLI introduced the resolution and moved for its passage. Seconded by COUNCILOR NAPOLITANO.  Discussion occurred among the Council.  COUNCILOR ARAMLI moved to amend the resolution to add “non-owner-occupied properties” to the resolution.  Seconded by COUNCILOR CARLIN and VOTED UNANIMOUSLY.   Shane Cooper addressed the Council regarding short term rentals.  COUNCILOR ARAMLI moved to approve the resolution as amended.  Seconded by MAYOR KHAMSYVORAVONG and VOTED UNANIMOUSLY.

7. Newport Energy & Environment Commission Summer Panel Series on Climate Change and Resilience on Aquidneck Island – A. Lima, X. Khamsyvoravong, J. Napolitano, L. Ceglie

MAYOR KHAMSYVORAVONG introduced the resolution and moved for its passage.  Seconded by COUNCILOR LIMA.  Avery Robertson, Chair, Energy and Environment Commission, addressed the Council.  The motion to approve was VOTED UNANIMOUSLY.

8. Public Safety – D. Carlin

COUNCILOR CARLIN introduced the resolution and moved for its passage.  Seconded by COUNCILOR HOLDER.   Discussion occurred among the Council.  COUNCILOR HOLDER moved to amend the resolution by adding the First and Second Wards.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.  Harp Donnelly, Fire Chief, addressed the Council to answer questions.  Ryan Duffy, Police Chief, addressed the Council to answer questions regarding complaints and enforcement.

The following members of the public addressed the Council:

Katherine Dugan, 113 Carroll Ave.

Gary Michael, 141 Carroll Ave.

Rachel Schmitt, 375 Spring St.

Linda Stevenson, Dixon St.

Steve Picken, 106 Carroll Ave.

Heather Lynch, Marsh St.

Tom Gibson, 157 Harrison Ave.

MAYOR KHAMSYVORAVONG moved to approve the resolution as amended.  Seconded by COUNCILOR CARLIN and voted 6-1 with COUNCILOR LIMA opposed.

COUNCILOR CARLIN introduced the resolution and moved for its passage.  Seconded by COUNCILOR CEGLIE.  Discussion occurred among the Council about the process in place for changing parking requirements.  The motion to approve failed 2-5

IN FAVOR

MAYOR KHAMSYVORAVONG

COUNCILOR CARLIN

OPPOSED

COUNCILOR CEGLIE

COUNCILOR NAPOLITANO

COUNCILOR HOLDER

COUNCILOR LIMA

COUNCILOR ARAMLI

10. Amending Section 10.24.040 entitled, “Parking Restrictions on Specific Streets” (Second Reading)

COUNCILOR CEGLIE moved to adopt the ordinance on second reading.  Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

11. Update from Government Relations Consultant, re: 2024 Legislative Session

Nicholas Hemond, Capital Communications Group, addressed the Council to provide an update on the legislative session.

12. Action Item #6300/24 – RE: Revised Utility Pole Petition – Rhode Island Energy – Installation of New Pole and Relocation of Existing Pole- Sylvan Street

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

13. Action Item #6301/24 – RE: Award of Bid 24-096 - Electrical Service Upgrade - Edward King House (w/ accompanying resolution)

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

14. Action Item #6302/24 – RE: Award of Contract – Actuarial Services (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 #6303/24 – RE: Award of Contract - Consulting and Engineering Services - Feasibility Study and Needs Assessment - Proposed Combined Public Safety Complex (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 #6304/24 – RE: Ordinance Revision – 10.52.010. Weight-Restricted Streets (with accompanying ordinance)

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

COUNCILOR LIMA left the meeting at 9:48 p.m.

COUNCILOR CEGLIE moved to adjourn as Council and convene as Board of License Commissioners. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

1. Class F-1 Daily Liquor License, Newport Art Museum, d/b/a Wet Paint Preview Party & Wet Paint, Newport Art Museum; August 9 from 4:00 p.m. to 9:00 p.m. & August 10, 2024 from 11:00 a.m. to 8:00 p.m.

2. Class F-1 Daily Liquor License, Newport Tree Conservancy, d/b/a 2024 Evening of Arboreta, 36 Beacon Hill Rd. – Wyndham Estate; August 9, 2024 from 5:30 p.m. to 9:30 p.m.

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

3. Sunday Selling License, Renewal, Newport Wine Cellar, LLC, d/b/a Newport Wine Cellar, 5 Merton Rd.

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

4. Application of Vickers Liquors, LLC, d/b/a Vicker’s Liquors, 274 Bellevue Ave., holder of a Class A alcoholic beverage license to transfer ownership to Kat & Tuch, LLC (Katherine Hampton-51% and Andrew Tuchler- 49%), d/b/a Vicker’s Liquors, at the same premises (Hearing)

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

5. Sunday Selling License, New, Kat & Tuch, LLC, d/b/a Vicker’s Liquors, 274 Bellevue Ave.

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

Adjourn- 9:50 p.m.

Laura C. Swistak, CMC

City Clerk