5/5/2019 Regular City Council Meeting

CITY OF NEWPORT DOCKET OF THE COUNCIL MEETING MAY 8, 2019

THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS 43 BROADWAY, NEWPORT, RI 02840

The following items of business, filed with the City Clerk under the Rules of the Council, will come before the Council at its regular meeting to be held on May 8, 2019 at 6:30 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG

Suggested Action: CITIZENS’ FORUM: (Speakers must sign in with the City Clerk) The Citizens’ Forum period shall be no longer than fifteen minutes, and citizens may address the Council on one subject only and for no longer than three minutes. Issues to be discussed shall not include matters to be considered or discussed as part of the regular Council agenda and must be related to substantive city business. No comments regarding personnel or job performance are allowed.

1. PUBLIC HEARING: Proposed Biennial Budget FY 2020 - FY2021 (A copy is available on file in the City Clerk’s Office and on the city’s website) http://cityofnewport.com/departments/finance/budgets-cafrs-cips

Budget

2. PUBLIC HEARING: Action Item #5847 RE: Public Hearing - Community Development Block Grant (CDBG) Application 2018 (w/accompanying resolution)

5847

3. 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. Minutes of the meetings held March 27, 2019 (Approve)

Minutes

b. Special Events:

1) Newport In Bloom, d/b/a Newport in Bloom Plant Sale, Elks Lodge, 141 Pelham St. May 19, 2019 from 11:00 a.m. to 2:00 p.m.

Newport In Bloom

2) Rex LeBeau, d/b/a Newport Pride Festival, Equality Park; June 2, 2019 from 12:00 p.m. to 4:00 p.m.

Newport Pride

3) Jeanne M. Drapeau, d/b/a Craft Garden & Botanical Show, Elks Lodge; June 8, 2019 from 10:00 a.m. to 4:00 p.m. cityofnewport.granicus.com/GeneratedAgendaViewer.php?view_id=1&event_id=227 1/7 5/5/2019 Regular City Council Meeting

Craft Garden

4) Newport Shipyard, d/b/a Newport Charter Yacht Show, 1 Washington St.; June 17- 20, 2019 from 10:00 a.m. to 8:00 p.m.

Yacht Show

5) Live Local, LLC, d/b/a Live Local Luau (outdoor concert), parking lot of 7 Carroll Ave.; June 29, 2019 from 12:00 p.m. to 5:00 p.m.

Live Local

6) Seamen’s Church Institute, d/b/a Yacht Rock the Docks Fundraiser, IYRS, 449 Thames St.; June 29, 2019 from 6:00 p.m. to 10:00 p.m.

Yacht Rock the Docks

7) -Lifespan, d/b/a Newport Hospital Summer Celebration- Fundraiser, ; July 10, 2019 from 6:00 p.m. to 9:00 p.m.

Newport Hospital

8) Newport Shipyard, d/b/a Candy Store Cup, Newport Shipyard; July 25-27, 2019 from 10:00 a.m. to 8:00 p.m.

Candy Store Cup

9) Newport Festivals Foundation, Inc., d/b/a Newport Festivals Fundraiser Gala, , 100 Ochre Point Ave.; August 3, 2019 from 7:00 p.m. to 11:00 p.m.

Newport Festivals Foundation

10) Neville Watson, d/b/a Funday For the Jamaica Cook Out, Miantonomi Park; August 4, 2019 from 9:00 a.m. to 8:00 p.m.

Funday

11) Rhode Races & Events, Inc., d/b/a Newport Rhode Races, route attached; April 18, 2020 from 7:30 a.m. to 1:30 p.m.

Newport Rhode Races

c. 2019 Holiday Selling License Renewals (List Attached)

Holiday Selling

d. Banner License, , May 30-June 3, 2019 between Red Parrot Restaurant & Midtown Oyster Bar advertising Alumni Reunion Weekend

Banner

cityofnewport.granicus.com/GeneratedAgendaViewer.php?view_id=1&event_id=227 2/7 5/5/2019 Regular City Council Meeting e. Tattoo License Individual Artist, Renewal, Caleb Fiero, Anchor Steam Tattoo, 44 Broadway

Fiero

f. Bicycle Rental Agency, Renewal, Scooter World, LLC, d/b/a Scooter World, 10-12 Christie’s Landing

Scooter World- Christie’s Landing

g. Bicycle Rental Agency, Renewal, Scooter World, LLC, d/b/a Scooter World, 8 Fair St.

Scooter World- Fair St.

h. Bicycle Rental Agency, Renewal, Scooter World, LLC, d/b/a Scooter World, 436 Thames St.

Scooter World- 436 Thames St.

i. Bicycle Rental Agency, New, Rome Enterprises, LLC, d/b/a At the Island Riding, 85 Thames St.

At the Island Riding

j. Holiday Selling License, New, Lisa Feitelberg-Costa, d/b/a LAF, 8 Fair St. #2

LAF

k. Communication from Timothy Burke, re: Request to increase the number of pedicab licenses from 16 to 17 (Receive)

Burke

l. Communication from Sean O’Connor, re: Requesting permission to hold a flag raising ceremony in honor of LGBTQ Pride Month on May 31, 2019 and to paint the Equality Park Place crosswalk in rainbow colors (Receive and refer to administration for a recommendation)

O’Connor

m. Communication from Adam Mejerson, Executive Director, FitLot, re: AARP ’s selection of the City of Newport to receive a fully funded AARP FitLot Outdoor Fitness Park to be installed at Aquidneck Park (Receive)

Mejerson

n. Communication from R. I. Department of Environmental Management, re: Notification to Abutters Site Investigation Brenton Hotel Project, 31 America’s Cup Ave. Currently 63 & 65 Long Wharf (Plat 16, Lot 164), Newport, Rhode Island File No. SR-28- 0756D (Receive)

RIDEM

cityofnewport.granicus.com/GeneratedAgendaViewer.php?view_id=1&event_id=227 3/7 5/5/2019 Regular City Council Meeting o. Communication from Michael Conroy, re: Resignation from the Historic District Commission (Receive with regret)

Conroy

p. Communication from Concerned sport fisherman and residents of Newport, re: Rejection of proposed parking ban to existing Fisherman’s Parking Area on Ocean Avenue just south of entrance to Castle Hill Inn (Receive)

Fishermen

q. Communications from Kim Salerno, Chair, Planning Board, re:

1. Short Term Rental Investigatory Group (Receive)

STRIG

2. Zoning Update Committee (ZUC) recommendations (Receive)

ZUC

3. Upcoming Planning Board activities (Receive)

Planning Board

LICENSES & PERMITS

4. Entertainment License, New, Class A (indoors), Liquor Thames, LLC, d/b/a Bar and Board, 282 Thames St. first and second floors (Second Hearing)

Bar and Board

5. 2019 Sidewalk Café Renewals:

a) LoBro, Inc., d/b/a LoBro Tacos, 66 Broadway

LoBro

b) Scratch, LLC, d/b/a Scratch Kitchen and Catering, 88 Broadway

Scratch

6. Sidewalk Café, New, P2 Investments, d/b/a Root, 6 Broadway

Root

7. 2019 Entertainment License Renewals (List Attached)

Entertainment

8. APPOINTMENTS TO BOARDS & COMMISSIONS cityofnewport.granicus.com/GeneratedAgendaViewer.php?view_id=1&event_id=227 4/7 5/5/2019 Regular City Council Meeting

Reappointment

RESOLUTIONS

9. Supporting legislation introduced into the R.I. General Assembly- 2019 H-5669- regarding School Waste Recycling and Refuse Disposal- S. Taylor, J. Bova, L. Ceglie, A. McCalla (Continued from April 24, 2019)

School Waste

10. Cranston-Calvert School project- J. Bova, J. McLaughlin (Continued from April 24, 2019)

Cranston-Calvert

ORDINANCES

11. Amending Chapter 12.28.100, entitled, City piers and docks (Second Reading)

12.28.100

12. Amending Chapter 12.28.200, entitled, Fees and Fines (Second Reading)

12.28.200

COMMUNICATIONS FROM THE CITY MANAGER

13. Action Item #5848/19 – RE: Award of Bid - No. 19-043 -Trench and Sidewalk Restoration 2019 (w/accompanying resolution)

5848

14. Action Item #5849/19 – RE: Consent to Grant of Easement (w/accompanying resolution)

5849

15. Action Item #5850/19 – RE: Innovate Newport Business Incubator Project (w/accompanying resolution)

5850

ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE COMMISSIONERS

BOARD OF LICENSE COMMISSIONERS

CONSENT CALENDAR

1. Class F-1 Daily Liquor License, Seamen’s Church Institute, d/b/a Yacht Rock the Docks Fundraiser, IYRS; June 29, 2019 from 6:00 p.m. to 10:00 p.m.

Yacht Rock the Docks cityofnewport.granicus.com/GeneratedAgendaViewer.php?view_id=1&event_id=227 5/7 5/5/2019 Regular City Council Meeting 2. Application of Brownstone, Inc., d/b/a One Pelham East, 270 Thames St., holder of a Class BV alcoholic beverage license, to transfer 200 shares of stock from David Kilroy to Gary J. Kilroy and Christopher M. Kilroy, for the same premises and to change the d/b/a to One Pelham East and The Top of Pelham (Hearing)

One Pelham East

ADJOURN

Suggested Action: May 1, 2019 HOLIDAY SELLING RENEWALS d/b/a Owner Address Be Dazzled Be Dazzled Inc. 23 Americas Cup Ave. Be Dazzled Be Dazzled Inc. 227 Goddard Row Del Sol Two Hogs LLC 203 Goddard Row House of Scrimshaw Gregory Jordan and Andrew Borer 132 Thames St. and Gifts New Store, The Gregory Jordan and Andrew Borer 101 Swinburne Row Newports Best Tee Gregory Jordan and Andrew Borer 107 Swinburne Row Shirts, Sweatshirts, Souvenirs Scooter World Scooter World, LLC 436 Thames St. Scooter World Scooter World LLC 10-12 Christies Landing Scooter World Scooter World LLC 8 Fair St. Souvenir Stop, The Gregory Jordan and Andrew Borer 115 Swinburne Row Souvenir Stop II, The Gregory Jordan and Andrew Borer 359 Thames St. Unit F2 T Shirt Town Gregory Jordan and Andrew Borer 182 Thames St. Unit B Entertainment Licenses by Class (restrictions noted) Class A (Indoors) DBA Owner Licensed Premises Restrictions 22 Bowen's Wine 22 Bowen's Wine Bar located at 22 Bowen's Wharf, NO OUTSIDE ENTERTAINMENT OR Bar and Grille and Grille, LLC first and second floors only AMPLIFICATION. Brick Alley Pub Plumb, Inc. located at 140-142 Thames NO OUTSIDE ENTERTAINMENT OR and Restaurant Street Second Floor AMPLIFICATION. Cafe Zelda Café Zelda, LLC located at 528-530 Thames NO OUTSIDE ENTERTAINMENT OR Street First Floor AMPLIFICATION. Canfield House & Hall of Fame located at 5 Memorial Boulevard NO OUTSIDE ENTERTAINMENT OR Raquets Pub Properties, LLC AMPLIFICATION. Casino Theatre Salve Regina University located at 9 Freebody St. Clarke Cooke Clarke Cooke House, located at 26 Bannisters Wharf NO OUTSIDE ENTERTAINMENT OR House, Cooke LLC First and Second Floors Basement AMPLIFICATION. House Candy and 2 Summer Porches Store, The Empire Tea & Newport Bubble Tea located at 22 Broadway and 3 Detail Police Office may be required Coffee LLC River Lane Fastnet, The Fastnet, Inc. located at 1-3 Broadway First NO OUTSIDE ENTERTAINMENT OR Floor AMPLIFICATION. Fatface Fatface Corp. located at 172 Thames St. Fifth Element, The 2paddyandacanuck, located at 107-111 Broadway LIMITED TO A TOTAL OF 5 BAND LLC MEMBERS WHICH IS TO INCLUDE VOCALISTS. Genie's Hookah Farahnaz Shobeiri located at 94 William St. Lounge Jane Pickens Fine Arts Newport, located at 49 Touro Street Capacity of 499 people including (4) staff-Per Theater & Event Inc. order of the NFD Center Jo's American American Bistro LLC located at 24 Memorial Blvd. W. Bistro La Forge Casino 1899 LLC located at 186 Bellevue Ave. NO OUTSIDE ENTERTAINMENT OR Restaurant piano & band area located in AMPLIFICATION. front pub, dance floor in back left Malt Leinster, Inc. located at 150 Broadway Midtown Oyster Midtown Oyster Bar, located at 345 Thames St. Bar LLC Mission Mission, LLC located at 29 Marlborough St. Mooring Seafood Mooring, LTD, The located at 2 Sayer's Wharf Kitchen & Bar Newport Playhouse Newport Playhouse & located at 102 Connell Highway NO OUTSIDE ENTERTAINMENT OR & Cabaret Cabaret Restaurant AMPLIFICATION. Restaurant Norey's NDC Enterprises located at 156 Broadway One Pelham East Brownstone, Inc. located at 270-276 Thames NO OUTSIDE ENTERTAINMENT OR & Studio 3 Street, First Floor and 3 Pelham AMPLIFICATION. Street, Third Floor Parlor Parlor, LLC located at 200 Broadway Poor Richard's- Mermaids Newport LLC located at 254 Thames St. INDOOR ENTERTAINMENT ONLY, FIRST Benjamins FLOOR ONLY, OUTDOOR SPEAKERS TO BE REMOVED Pour Judgement MBK LLC located at 32 Broadway Queen Anne's Loft 2 Church Street, LLC located at 212 Thames Street Second Floor Red Parrot Red Parrot, Inc. located at 344-348 Thames NO OUTSIDE ENTERTAINMENT OR Restaurant, The Street First & Second Floors AMPLIFICATION. Restaurant Restaurant Bouchard located at 505-509 Thames NO OUTSIDE ENTERTAINMENT OR Bouchard/ Inc. AMPLIFICATION. Revolving Door Scales & Shells BKA Industries, Inc. located at 527 Thames Street NO OUTSIDE ENTERTAINMENT OR Second Floor AMPLIFICATION. Stoneacre Kale Stems, LLC located at 28 Washington Square Brasserie Thames Street Thames Street located at 536 Thames Street NO OUTSIDE ENTERTAINMENT OR International International Yacht & AMPLIFICATION. Yacht & Athletic Athletic Club Club Class A and B (Indoors and Outdoors) DBA Owner Licensed Premises Restrictions 41 Degrees North Forty 1 North, LLC 351 Thames St., indoors, outside Outdoor entertainment at 351 Thames to end at Perry Mill Whf., indoors, 1st and porch, patio, and dock area; 14 11 PM Sunday through 2nd floors Thursday and at 12 Midnight Friday, Saturday, and Sunday before a holiday Monday. Doors & windows to be closed when no outdoor entertainment at 351 Thames St. No outdoor entertainment at 14 Perry Mill Whf.; doors and windows to be closed during entertainment. Ancient Order of Ancient Order of located at 2 Wellington Ave. & Outdoor limited to: Fridays, Saturdays, Sundays & Hibernians cityofnewport.granicus.com/GeneratedAgendaViewer.php?view_id=1&event_id=227 6/7 5/5/2019 Regular City Council Meeting Hibernians patio Holidays from 3:00 pm to 8:00 pm Belle Mer Belle Mer, Inc. located at 2 Goat Island Outdoor entertainment allowed with amplication until 11:00 p.m. Sunday through Thursday and to midnight Friday's, Saturday's and Sunday's prededing a Monday holiday. Castle Hill Inn Castle Hill, Inc. located at Ocean Drive Main BAND LIMITED TO FIVE (5) MEMBERS. and Resort Floor Dining Room and Patio OUTSIDE ENTERTAINMENT (WITH AMPLIFICATION) RESTRICTED TO SUNDAYS AND MONDAYS FROM 1:00 P.M. TO 5:30 P.M. AND MAY NOT EXCEED MAXIMUM DECIBLES FOR RESIDENTIAL Chanler at Cliff Chanler, Inc. The located at 117 Memorial OUTSIDE ENTERTAINMENT (WITH Walk, The Boulevard AMPLIFICATION) LIMITED TO FRIDAYS, SATURDAYS, AND SUNDAYS, FROM 1:00 P.M. TO 6:00 P.M. MEMORIAL DAY TO OCTOBER 1ST. PATIO SPEAKERS TO FACE EAST AND LAWN SPEAKERS TO FACE NORTH TOWARDS BUILDING AND HAVE BACKDROP. Landing, The Newport Waterfront located at Bowens Wharf First OUTSIDE ENTERTAINMENT LIMITED TO Landing, Inc. Floor, Outside Patio Second Floor 11:00 P.M. ON MONDAY THROUGH North West and East Decks THURSDAY, AND TO MIDNIGHT ON FRIDAYS AND SATURDAYS, AND SUNDAYS OF HOLIDAY WEEKENDS. LIMIT OF 4 BAND MEMBERS; NO DRUMS EXCEPT FOR BONGOS Newport Marriott Marriott Hotel located at Americas Cup Avenue OUTSIDE ENTERTAINMENT LIMITED TO Hotel Services, Inc. and Long Wharf 11 P.M. ON SUNDAY THROUGH THURSDAY, AND TO MIDNIGHT ON FRIDAYS AND SATURDAYS, AND SUNDAYS OF HOLIDAY WEEKENDS. LOUNGE FRIDAY AND SATURDAY 9:00 P.M. - MIDNIGHT. POOL AREA FRIDAY 3:00 PM - 7:00 PM, SATURDAY AND SUNDAY NOON - 3:00 PM Newport Storm Coastal Extreme located at 293 JT Connell Hwy Brewery Brewing Company LLC O'Brien's Pub Five Tempus Ltd. located at 501 Thames Street OUTSIDE PATIO LIMITED FROM APRIL 15 First Floor year-round and from TO SEPTEMBER 30, FROM NOON TO 8 P.M.; April 15 to September 30 on said entertainment may be amplified. No more Outside Patio than three musicians (including vocalist) at any time. Oceancliff Newport Time located at 65 Ridge Road OUTSIDE ENTERTAINMENT (WITH Resorts, Inc. AMPLIFICATION) LIMITED TO SUNDAYS AND MONDAYS, FROM 1-5:30 P.M. FROM MAY FIRST THROUGH OCTOBER 15 ONLY Pier Restaurant NAJ Associates bar indoor rear and Bar outdoor OUTSIDE ENTERTAINMENT (WITH The rear patio AMPLIFICATION) PERMITTED APRIL THROUGH SEPTEMBER 30. NO AMPLIFICATION AFTER 10 P.M. SUNDAY THROUGH THURSDAY MAX DECIBEL LEVEL OF 65. NO AMPLIFICATION AFTER 11 P.M. ON FRIDAYS, SATURDAYS AND ON SUNDAYS PRECEDING A MONDAY HOLIDAY. NO LIVE MUSIC OR SPEAKERS PERMITTED ON THE NORTH PATIO. NO ENTERTAINMENT PERMITTED ON NORTH PATIO. Port, The Seaport Grille & Raw located at 359 Thames Street OUTSIDE ENTERTAINMENT LIMITED TO Bar, LLC 7:00 P.M. TO 11:00 P.M. ON SUNDAY THROUGH THURSDAY, AND 2:00 P.M. TO MIDNIGHT ON FRIDAYS AND SATURDAYS, AND SUNDAYS OF HOLIDAY WEEKENDS. Regatta Place, Goat Island Grille, Inc. located on Goat Isalnd First Floor OUTSIDE ENTERTAIMENT LIMITED TO 11 The and Outside Patio P.M. ON SUNDAY THROUGH THURSDAY, AND TO MIDNIGHT ON FRIDAYS AND SATURDAYS, AND SUNDAYS OF HOLIDAY WEEKENDS Saltwater Shaner Rhode Island, located at Corner of Market OUTSIDE ENTERTAINMENT, MEMORIAL LLC Square, Thames Street, and DAY TO OCT. 30TH; RESTRICTED TO Americas Cup Avenue PIANO PLAYER, GUITARIST AND VOCALIST; HOURS LIMITED TO 11 P.M. SUNDAY THROUGH THURSDAY, AND TO MIDNIGHT ON FRIDAYS AND SATURDAYS, AND SUNDAYS OF HOLIDAY WEEKENDS. Smokehouse Café Mooring LTD, The located at 31 Scott's Wharf, First NOON TO 9:00 PM FRIDAY, SATURDAY AND Floor and Outdoor Deck SUNDAY'S ONLY Speakeasy Bar Carter LLC located at 250 Thames Street DOORS AND WINDOWS PERMITTED TO BE and Grill, The First Floor OPEN DURING ACOUSTIC ENTERTAINMENT Surf Club Surf Club LLC located at America's Cup Avenue & Thames Street Entire Premises of Newport Bay Club Except Plaza Level Retail Spaces Class C DBA Owner Licensed Premises Restrictions Bohlin, The Historic Wharves located at Commercial Wharf Detail Fire Fighter(s) will be determined after a Associates, Inc. review of each event. Outside Entertainment Limited to 11:00 P.M. on Sunday through Thursday, and to Midnight on Fridays and Saturdays, and Sundays of Holiday Weekends. Concerts on Weekdays until 9:30 pm; Concerts on Fridays & Saturdays until 10:00 pm. Class Theater DBA Owner Licensed Premises Restrictions Firehouse Theater Firehouse Theater, Inc. located at 4 Equality Park Place Capacity for theater to be maximum of 80 persons Docket of the Council Meeting May 8, 2019 Page 2 As has been past practice, the Council will meet at 6:20 p.m. to discuss docket items. This pre-meeting will be held in the Second Floor Conference Room. The public is invited to attend. The docket, along with all supporting documents, can be viewed on the City of Newport website: www.cityofnewport.com – “Council Agendas and Minutes.” Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. Newport City Hall is accessible and meets ADA requirements. INDIVIDUALS REQUIRING AN INTERPRETER OR OTHER ACCOMMODATIONS MUST NOTIFY THE CITY CLERK’S OFFICE (845- 5351) OR CITY MANAGER’S OFFICE (845-5429) ONE WEEK IN ADVANCE OF THE MEETING.

cityofnewport.granicus.com/GeneratedAgendaViewer.php?view_id=1&event_id=227 7/7