Apr. 9, 2025 - Regular Session

Newport

Minutes · April 9, 2025

CITY OF NEWPORT

MINUTES FOR THE REGULAR CITY COUNCIL

MEETING

APRIL 9, 2025

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

CHARLIE HOLDER

XAY KHAMSYVORAVONG

JEANNE-MARIE NAPOLITANO

ELLEN PINNOCK

STEPHANIE SMYTH

LYNN UNDERWOOD CEGLIE

ABSENT

DAVID CARLIN, III

Citizens’ Forum:

Pete Rice, 1 Harrison Lane

~Certificate of Recognition honoring Evan Smith~

1. Class F Daily Liquor License, Richard Lynn, d/b/a Newport Live Presents Mark Erelli & His String Quintet, Great Friends Meeting House; May 2, 2025 from 7:30 p.m. to 9:30 p.m.

2. Class F Daily Liquor License, Emmanuel Church Newport, d/b/a Swing Into Spring with the Larry Brown Swinglane Orchestra, Emmanuel Church; May 17, 2025 from 7:30 p.m. to 10:00 p.m.

3. Class F-1 Daily Liquor Licenses, Newport Rugby Football Club, Fort Adams State Park:

a. d/b/a Atlantic Super Regionals; May 3-4, 2025 from 8:00 a.m. to 8:00 p.m.

b. d/b/a NERFU Championship Rugby Tournament; May 17-18, 2025 from 8:00 a.m. to 8:00 p.m.

c. d/b/a Newport Summer 7’s Rugby Tournament; June 21, 2025 from 8:00 a.m. to 8:00 p.m.

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

4. Sunday Selling Class A Liquor Stores, Renewals (list attached)

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

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

a. Minutes of the Regular Council Meetings held on March 12, 2025

b. Special Events:

1. Newport Twinning Association, d/b/a Kinsale Cocktails, Sailing Museum; April 12, 2025 from 6:00 p.m. to 9:00 p.m.

2. Keith Lambert, d/b/a Retail Flower Tent Sale, Seasons, 138 Connell Highway; April 19 & 20, 2025 from 7:00 a.m. to 7:00 p.m.

3. Puddingstone Events, d/b/a Celli à Deux, Rough Point; April 26, 2025 from 6:30 p.m. to 8:30 p.m.

4. R.I. Arts Foundation at Newport, Inc., d/b/a Newport Classical Community Concert, Great Friends Meeting House; April 27, 2025 from 2:00 p.m. to 4:00 p.m.

5. Jack VanLeer, d/b/a Newport Live Presents Mark Erelli & His String Quintet, Great Friends Meeting House; May 2, 2025 from 7:30 p.m. to 9:30 p.m.

6. Katelyn McSherry, d/b/a Audrain Veteran Car Tour, Fort Adams State Park and Bellevue Ave.; May 3-4, 2025 from 10:00 a.m. to 2:00 p.m. and 7:00 a.m. to 6:00 p.m.

7. Newport Rugby Football Club, d/b/a Atlantic Super Regionals, Fort Adams State Park; May 3-4, 2025 from 8:00 a.m. to 8:00 p.m.

8. Keith Lambert, d/b/a Retail Flower Tent Sale, Seasons, 138 JT Connell Highway; May 10 & 11, 2025 from 7:00 a.m. to 7:00 p.m.

9. Newport Rugby Football Club, d/b/a NERFU Championship Rugby Tournament, Fort Adams State Park; May 17-18, 2025 from 8:00 a.m. to 8:00 p.m.

10. Emmanuel Church Newport, d/b/a Swing Into Spring with the Larry Brown Swinglane Orchestra, Emmanuel Church; May 17, 2025 from 7:30 p.m. to 10:00 p.m.

11. Newport in Bloom-Kiki McMahan, d/b/a Newport in Bloom Plant Sale, Elks Club, 141 Pelham St.; May 18, 2025 from 11:00 a.m. to 2:00 p.m.

12. Elks Lodge, d/b/a Welcome to Summer Cookout, Elks Lodge, 141 Pelham St.; May 26, 2025 from 1:00 p.m. to 5:00 p.m.

13. Jackie Henderson, d/b/a Dance Vibe Mist Kids Dance Showcase, Elks Lodge; May 30, 2025 from 4:30 p.m. to 8:30 p.m.

14. Friends of Belmont Chapel & Island Cemetery, d/b/a Belmont Stakes Race Day Event- 4th Annual, Island Cemetery; June 7, 2025 from 4:30 p.m. to 7:30 p.m.

15. Newport Elks, d/b/a Flag Day Ceremony, Newport Elks; June 14, 2025 from 1:00 p.m. to 6:00 p.m. (rain date- June 15, 2025)

16. The Preservation Society of Newport County, d/b/a The Newport Flower Show, Rosecliff; June 20-22, 2025 from 9:00 a.m. to 9:00 p.m.

17. Newport Rugby Football Club, d/b/a Newport Summer 7’s Rugby Tournament, Fort Adams State; June 21-22, 2025 from 8:00 a.m. to 8:00 p.m.

REMOVED 18. Rhode Island Society Sons of the Revolution, d/b/a Newport Independence Day Celebration, in and around Washington Square; July 4, 2025 from 10:00 a.m. to noon

COUNCILOR CEGLIE moved to approve the license. Seconded by COUNCILOR NAPOLITANO. Discussion occurred among the Council regarding the applicant request to waive fees. COUNCILOR CEGLIE moved to approve the license and requested for the Administration review the request and report back to the Council. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

c. Holiday Selling License, New, Lorelei’s for Littles, LLC, d/b/a Lorelei’s for Littles, 35 Franklin St.

d. Holiday Selling License, Renewals (list attached)

REMOVED e. Banner License, Marcin G. Rembisz, d/b/a Newport Public Education Foundation, Inc., to hang a banner between the Red Parrot and Midtown Oyster Bar from June 11-16, 2025 congratulating the Rogers High School graduates

COUNCILOR KHAMSYVORAVONG recused.

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

f. Food Concession Licenses, Newport Rugby Football Club, Fort Adams State Park, d/b/a:

1. Atlantic Super Regionals; May 3-4, 2025 from 8:00 a.m. to 8:00 p.m.

2. NERFU Championship Rugby Tournament; May 17-18, 2025 from 8:00 a.m. to 8:00 p.m.

3. Newport Summer 7’s Rugby Tournament; June 21, 2025 from 8:00 a.m. to 8:00 p.m.

g. Proposed Fiscal Year 2026 & and Projected Fiscal Year 2027 Biennial Operating Budget (Receive and order advertised for May 14, 2025)

h. 2024 Newport Police Department Annual Report (Receive)

i. Communication from Ruth Scott, re: Requesting to light up City Hall in green during the month of May in honor of Mental Health Awareness Month (Approve subject to details being worked out with city administration)

COUNCILOR CEGLIE moved to adopt the Consent Calendar with the exception of items b(18) and e. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

2. Sound Variance License, IYRS, d/b/a Summer Gala, 449 Thames St., for a variance from 6:00 p.m. to 11:00 p.m. (Hearing)

COUNCILOR CEGLIE opened the public hearing. Jenny Holmquist, IYRS, addressed the Council to answer questions. COUNCILOR CEGLIE moved to close the public hearing and approve. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

3. Street Café License, Renewals,

a. Fitzsimoes, LLC, d/b/a Corner Café, 110 Broadway

b. MBK, LLC, d/b/a Pour Judgement, 32 Broadway

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

4. Sidewalk Café License, Renewals:

a. Monkey Business, LLC, d/b/a Hungry Monkey, 124 Broadway

b. Nick’s Fine Foods, Inc., d/b/a Nikolas Pizza, 38 Memorial Blvd. West

c. Nitro Cart, The, d/b/a The Nitro Bar, 2 Pond Avenue

d. Nautilus Restaurant, LLC, d/b/a Scales & Shells, 527 Thames St.

e. Kale Stems, LLC, d/b/a Stoneacre, 28-30 Washington Sq.

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

5. Entertainment License, New, Pivotal Brewing Company Newport, LLC, d/b/a Pivotal Brewing Company, 140 Broadway, to have indoor entertainment Sundays from 11:00 a.m. to 11:00 p.m. and Monday through Saturday from 11:00 a.m. to 12:00 midnight (Second Hearing)

Todd Nicholson, owner, addressed the Council to answer questions.

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

6. Entertainment License, New, Chomp Newport, LLC, d/b/a Chomp Kitchen and Drinks, 107-111 Broadway, to have indoor entertainment Sunday through Saturday from 12:00 p.m. to midnight (First Hearing)

Sam Glynn, owner, addressed the Council to answer questions.

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

Appointments

** Affirmative Action Commission** – James Winters, three-year term, expires 4-9-2028

CHAIR HOLDER moved to appoint James Winters to the Affirmative Action Commission. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

Reappointments

** Beach Commission** – Mark Fitzgerald – Reappoint as Chair – three-year term, expires 2-9-2028

CHAIR HOLDER moved to reappoint Mark Fitzgerald to the Beach Commission. Seconded by COUNCILOR CEGLIE and VOTED UNANIMOUSLY.

8. Memorandum from the Deputy City Manager RE: Ordinance Amendment as per Resolution #2025-41 - Ordinance 10.32.110 – Designated Residential Parking Streets – Marsh Street and Bridge Street, from Washington Street to America’s Cup Avenue Residential Parking Twenty-Four (24) Hours Per Day (w/accompanying ordinance)

COUNCILOR CEGLIE moved to continue the memorandum. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

9. Action Item #6399/25 – RE: Coggeshall School Purchase and Sale Agreement (w/accompanying resolution)

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

COUNCILOR KHAMSYVORAVONG moved to amend the agreement by changing the lease term from 9 months to a 12 months lease term and the deed restriction of the 10 year timeline starts when the Certificate of Occupancy is issued not when the sale occurs and the rents will start being collected once the C.O. is issued. Seconded by COUNCILOR NAPOLITANO. The motion to approve the amendments was vote 4-2 with COUNCILOR PINNOCK and COUNCILOR SMYTH opposed.

Peter Regan, Esq., addressed the Council on behalf of the applicants. Discussion occurred among the Council.

The following members from the public addressed the Council:

Thomas Kane, Evarts St.

Mark Lloyd, 60 Chestnut St.

Penelope Hunt, Dartmouth St.

Discussion occurred among the Council, City Solicitor Behan and Peter Regan.

COUNCILOR PINNOCK moved to continue the item. Seconded by COUNCILOR SMYTH. The motion failed 3-3 with COUNCILOR SMYTH, COUNCILOR PINNOCK and COUNCILOR KHAMSYOVORAVONG in favor. Opposed- CHAIR HOLDER, COUNCILOR CEGLIE and COUNCILOR NAPOLITANO.

COUNCILOR KHAMSYVORAVONG moved to amend the agreement by adding language requiring income verification by a third party. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY. COUNCILOR KHAMSYVORAVONG moved to amend the agreement regarding the assignment to specific parties. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY. COUNCILOR KHAMSYVORAVONG moved to amend the agreement by including a commitment letter for financing before the project begins. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

CHAIR HOLDER moved to approve the agreement as amended. Seconded by COUNCILOR NAPOLITANO and voted 4-2 with COUNCILOR PINNOCK and COUNCILOR SMYTH opposed.

10. Action Item #6400/25 – RE: Strategic Plan - 2025 Progress Update (w/accompanying resolution)

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

DEPUTY CITY MANAGER CARUOLO addressed the Council to provide an update. COUNCILOR CEGLIE moved to amend the communication on page 4 to include lead abatement for the entire city not just the north end. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

COUNCILOR CEGLIE moved to approve as amended. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

11. Action Item #6401/25 – RE: Change Order 1 #23-011 - Water Distribution System Improvements Project (w/accompanying resolution)