Académique Documents
Professionnel Documents
Culture Documents
1) Curl Up & Dye, by Jill Greenman, d/b/a 4th Annual Art Fundraiser;
104 Broadway (parking lot in rear), May 1,2011, from 2:00 p.m. to
7:00 p.m.
LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT THE
NEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPON
NOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCE
OF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUST
NOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.
DOCKET OF THE COUNCIL
April 27, 2011
Page 2
4) Fort Adams Trust, d/b/a Fort Adams Family Day; Fort Adams State
Park, June 4 (rain date, June 5), 2011, from 11 :00 a.m. to 4:00 p.m.
8) St. Spyridon's Church, d/b/a Hellenic Fest 2011; church parking lot
at Thames & Brewer Streets; July 22 and 23,2011, from Noon to
Midnight, July 24,2011, from Noon to 6:00 p.m.
3. Application of The Sailor's Sweet Tooth, Inc., d/b/a Kilwin's Chocolates & Ice
Cream, 262 Thames St., to include cooking and grilling facilities on the outdoor
patio on the north side of the building.
DOCKET OF THE COUNCIL
April 27, 2011
Page 4
8. Application for a Victualing License, New, Beluga FroYo, LLC, d/b/a Beluga
FroY 0, 217 Goddard Row
9. Application for a Victualing License, New, La Via del Gusto, LLC, d/b/a La Via
del Gusto, 207 Goddard Row
10. Application for a Victualing License, New, Keen-wah Super Food Eatery, LLC,
d/b/a Keen-wah Newport, 311 Broadway
12. Communication from Turner C. Scott, Esq., on behalf of Verbena, LLC, 155
Ocean Ave., re: Installation of Buried Utility Lines Along Shoulder (of Ocean
Ave.) to Replace Existing Overhead Lines between Gooseberry Beach and
Carroll Ave. (Continued from April 13, 2011)
CITY OF NEWPORT
MINUTES OF THE COUNCIL MEETING
HELD APRIL 13, 2011
The following items of business, filed with the City Clerk under the Rules of the Council, came
before the Council at its regular meeting held on April 13, 2011.
The City Clerk called the roll and the following members were present:
MAYOR WALUK pointed out that April 8 -15, 2011, is "Disabilities Awareness Week" and
commented on the importance of taking action to improve accessibility and noted the City's
commitment in this area.
1. 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 March 23,2011, Council Meeting (Approve)
b. Special Event License:
1) Looking Upwards, Inc., d/b/a Grand Opening/Downtown Design; 7 Marcus
Wheatland Blvd. (Broadway entrance), April 15,2011 (4:00 p.m. to 6:00 p.m.)
2) Newport Rugby Football Club, d/b/a NERFU Championship; Fort Adams State
park, May 14 - 15,2011, from 8:00 a. m. to 8:00 p.m.
3) New Wave Media, Inc., d/b/a OceanTech Expo; Newport Yachting Center,
May 17 -19,2011, from 9:30a.m. to 5:00p.m.
MINUTES OF THE COUNCIL MEETING
HELD APRIL 13,2011
Page 2
4) RI Bicycle Coalition, d/b/a Bike to Work Day-Newport; May 20, 2011;
gathering from 6:00 a.m. to 10:00 a.m. at Quaker Meeting House; and Fair and
Bike Parade in King Park from 5:00 p.m. to 7:30 p.m.
5) CROP Walk/Church World Service, d/b/a Aquidneck Island CROP Walk
Against Hunger Walkathon; May 21, 2011, from 9:00 a.m. to 12 Noon,
beginning and ending at the Martin Luther King Center, 20 Dr. Marcus F.
Wheatland Blvd. (route included on application)
6) John J. Hosch Memorial Trust, d/b/a 2011 John J. Hosch Tennis Challenge;
Rogers High School and Pop Flack Tennis Courts, May 27, from 5:00 to 7:00
p.m.; May 28 & 30, from 9:00a.m. to 11 :30 a.m.; May 29, from 12:00 p.m. to
3:00p.m.
7) International Yacht Restoration School, d/b/a IYRS Graduation & Launch Day;
IYRS, 449 Thames St., June 4, 2011, from 9:00 a.m. to 5:00 p.m.
8) Friends of Ballard Park, d/b/a Fundraiser for Friends of Ballard Park; 11
Berkeley Ave., June 4, 2011, from 6:00 p.m. to 9:00 p.m.
9) Lifespan, d/b/a Newport Hospital Summer Benefit; Newport Art Museum, 76
Bellevue Ave., July 7, 2011, from 6:00 p.m. to 10:00 p.m.
10) International Yacht Restoration School, d/b/a Summer Gala; IYRS, 449
Thames St., July 9, 2011, from 6:00 p.m. to Midnight.
11) Newport Rugby Football Club, d/b/a Newport 7's Rugby Tournament; Fort
Adams State Park, July 23, 2011, from 8:00 a.m. to 8:00 p.m.
12) 360 Marketing & Events, LLC, d/b/a Newport Wine Fest/Wine & Food Show;
Newport Yachting Center, August 19,2011, from 7:30 p.m. to 10:30 p.m.;
August 20, 2011, from 1:00 p.m. to 11 :00 p.m., and August 21, 2011, from
9:30 a.m. to 5:00 p.m.
13) REMOVED: The Single Ladies Cafe, d/b/a Fashion Show/Launching
14) Museum of Yachting, d/b/a Moy Classic Yacht Regatta; IYRS, 449 Thames
St., Sept. 2, 2011, from 5:00 p.m. to 8:00 p.m.; Sept. 3 and 4, 2011, from 8:00
a.m. to 10:00 p.m.
15) Museum of Yachting, d/b/a Moy Classic Yacht Regatta; Fort Adams State
Park, Sept. 2, 20ll,from 5:00 p.m. to 8:00 p.m.; Sept. 3 and 4, 20ll,from 8:00
a.m. to 10:00 p.m.
16) Newport County Community Mental Health Center, d/b/a Bike-A-Thon; Sept.
18,2011, from 8:00 a.m. to 2:00 p.m. (beginning and ending at Rogers High
School; route attached)
17) Eident Sports Marketing, d/b/a AMICA 5K (to benefit James 1. Maher
Center); October 15,2011, from 6:00 a.m. to 9:00 a.m. (Ocean Drive area,
route attached)
18) REMOVED: Eident Sports Marketing, d/b/a AMICA Marathon
19) Eident Sports Marketing, d/b/a Newport Pell Bridge Run; November 13,2011,
from 6:00 a.m. to 10:00 a.m. (starting at Potter's Cove in Jamestown and
ending corner of Marlborough and Thames Streets (route attached)
20) The Preservation Society of Newport County:
a) Newport Flower Show; Rosecliff, Bellevue Ave., June 24 - 26, 2011,
from 9:00 a.m. to 5:00 p.m.
MINUTES OF THE COUNCIL MEETING
HELD APRIL 13,2011
Page 3
b) Annual Summer Ball; The Elms, Bellevue Ave., August 6, 2011, from
7:00 p.m. to 12:00 Midnight.
c) The Newport Mansions Wine & Food Festival; Rosecliff, Sept. 23, 2011,
from 6:00 p.m. to 11:00 p.m.; Marble House, Sept. 24,2011, from 12
Noon to 4:00 p.m.
c. Annual Catering License, Tom McGrath Clambakes, 64 Halsey St.
d. Food Concession License:
1) Newport Rugby Football Club, d/b/a NERFU Championship, Fort Adams
State Park, May 14 -15, 2011, from 8:00 a.m. to 8:00 p.m.
2) Newport Rugby Football Club, d/b/a Newport 7's Tournament; Fort
Adams State Park, July 23,2011, from 8:00 a.m. to 8:00 p.m.
e. Holiday Selling License, New:
1) Giovanni Bonomo, LLC, d/b/a Via del Gusto, 207 Goddard Row
2) Newport Yoga, LLC, d/b/a Newport Power Yoga, 112 William St.
3) Virgin and Aged, Inc., d/b/a Virgin & Aged, 395 Thames St.
4) Donnell Cole, d/b/a Bk. Store, 318 Broadway
f. Holiday Selling License, Renewal:
1) Abdul-Qudoos Khan, d/b/a K&K Food Mart, 10 Connell Highway
2) Arkwear, Inc., d/b/a Bite Me Live Bait Co., 337 Thames St.
3) Ash Mart, Inc., d/b/a Ash Mart, 2 Carroll Ave.
4) Beauty Walk, LLC, d/b/a Bellevue Beauty Walk, 1 Bannister's Wharf
(new location)
5) Blue Rocks Catering, LLC, d/b/a Blue Rocks Market, 7 Carroll Ave.
6) Chace N'Lulu, LLC, d/b/a Chace n'Lu1u, 57 America's Cup Ave.
7) Chatree Sachayansrisaku1, d/b/a Diva, 433 Thames St.
8) Evansco, Inc., d/b/a Bermuda Bay Clothing, 119 Swinburne Row
9) Evansco, Inc., d/b/a Sail Loft, 18 Bowen's Wharf
10) Gossip, Inc., d/b/a Gossip, 391 Thames St.
11) J. Crew Group, Inc., d/b/ a J. Crew Retail, 49 Long Wharf Mall
12) KashifSiddiqui, d/b/a 7-E1even, 95 Broadway
13) Muhamad Tariq Rashid, d/b/a 7-Eleven, 135 Connell Highway
14) Newport Art Museum & Art Assoc., Inc., d/b/a Griffon Shop, 76 Bellevue Ave.
15) Newport Outfitters, Inc., d/b/a Ten Speed Spokes, 18 Elm St.
16) Potter & Co., Inc., d/b/a Potter & Co., 172 Thames St.
g. Pedi-cab Operator License, James Underwood, Jr., 10 Record St.
h. Private Detective License, Renewal, Ryan P. Me Cormack, 61 East Bowery St.
i. Sidewalk Cafe, Renewals (with liquor):
1) BKA Industries, Inc., d/b/a Scales & Shells, 527 Thames St.
2) Fastnet, Inc., d/b/a The Fastnet, 1-3 Broadway
3) MBK, LLC, d/b/a Pour Judgement, 32 Broadway
4) Memorial Blvd. Associates, Inc., d/b/a Jimmy's Saloon, 37 Memorial Blvd.
5) NWPT, Inc., d/b/a One Eighty, 8-10 Broadway
6) Restaurant Bouchard, Inc., d/b/a Restaurant Bouchard, 505 Thames St.
7) Tucker's Bistro, Inc., d/b/a Tucker's Bistro, 150-154 Broadway
J. Sidewalk Cafe, Renewals (without liquor):
MINUTES OF THE COUNCIL MEETING
HELD APRIL 13,2011
Page 4
MAYOR WALUK moved the Consent Calendar, with the exception ofItems b-13, b-18, and p, be
adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Special Event License: The Single Ladies Cafe, d/b/a Fashion Show/Launching Celebration;
King Park Gazebo, August 27,2011, from 1:00 p.m. to 5:00 p.m.
COUNCILOR LEONARD if a rain date for the event would be requested because on the following
day, August 28, a concert is scheduled at King's Park. A representative of the organization said no
rain date had yet been set.
b-13. Special Event License: Eident Sports Marketing, d/b/a AMICA Marathon (running
event); October 16,2011, from 6:00 a.m. to 2:00 p.m. (starting and finishing at Easton's
Beach; Bellevue Ave. /Ocean Drive/Memorial Blvd. area to Middletown and back; route
attached)
BREWER ROWE and MATHEW GRAY said the route was the same as last year's route; however,
they have eliminated the team relay. COUNCILOR LEONARD said if any problems are anticipated
MINUTES OF THE COUNCIL MEETING
HELD APRIL 13,2011
PageS
with the route, the organization and administration should be proactive and make a change in advance
ofthe marathon.
b-18. Recommended FY2011-2012 Operating Budget (Receive and order advertised for
hearing on May 11, 2011)
COUNCILOR MC LAUGHLIN asked if the City Manager would be willing to have a workshop on
the budget overview prior to the scheduled date of May 2nd and suggested it could be held on April
21 st when a workshop is scheduled at 6:30 p.m. with the RI Department of Transportation.
COUNCILOR MC LAUGHLIN moved the Recommended Budget be received and advertised for
hearing on May 11, 2011. Seconded by COUNCILOR NEVILLE.
MAYOR WALUK suggested a Budget Overview could be given at 6:00 p.m. on April 21 st, and went
on to read the schedule of all budget workshops.
2. Sidewalk Cafe License, New, Ben's Chili Dogs, LLC, d/b/a Ben's Chili
Dogs, 158 Broadway
MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO and
VOTED UNANIMOUSLY.
3. Sidewalk Cafe License, New, la maison de coco, LLC, d/b/a la maison de coco, 28 Bellevue
Ave.
4. Victualing License, New, RySav, Inc., d/b/a Subway, 359 Thames St.
5. Victualing License, New, HB Holdings, LLC, d/b/a Thames St. Kitchen, 677 Thames St.
MAYOR WALUK moved the license be continued to the April2ih meeting as the request of the
applicant's attorney. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
MAYOR WALUK noted that neighbors in the area of the pedi-cab storage pod have complained
because ofthe loud noise late at night and suggested that a new storage location be found. He said the
Gateway parking facility might be considered. A representative of Newport Pedi-cab responded that
a new location is actively being sought; ANDREW CROAN ofPedi-Powers concurred and said the
two pedi-cab companies share the same storage pod.
MAYOR WALUK moved the application be continued to the April 27th meeting. Seconded by
COUNCILOR DUNCAN.
COUNCILOR LEONARD thanked the pedi-cab representatives for appearing and said that while she
appreciates people using the pedi-cabs rather than their cars, the neighbors in the Wellington Plaza
area are entitled to the quiet enjoyment of their homes.
8. Communication from Turner C. Scott, Esq., on behalf of Verbena, LLC, 155 Ocean Ave., re:
Installation of Buried Utility Lines Along Shoulder (of Ocean Ave.) to Replace Existing
Overhead Lines between Gooseberry Beach and Carroll Ave. (Continued from March 23,
2011)
MAYOR WALUK moved the communication be continued to April 27th at the request of Attorney
Scott. Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.
9. Communication from John H. Ambrogi, Ed.D., Superintendent of Schools, re: Newport Area
Career and Technical Center Building Acquisition Request.
COUNCILOR MC LAUGHLIN noted that Dr. Ambrogi was unable to attend because of a School
Committee meeting, and moved to receive an updated contract that had been provided. Seconded by
COUNCILOR NEVILLE and VOTED UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
HELD APRIL 13,2011
Page 7
COUNCILOR MC LAUGHLIN moved the communication and contract be referred to the City
Solicitor and City Manager for a report back at the April 27th council meeting. Seconded by
COUNCILOR LEONARD concurred with Councilor Winthrop's remarks and pointed out that there
are several school buildings that have not sold; and, since this building could need significant repairs,
the Council needs to know the benefits and liabilities of accepting it from the State. COUNCILOR
MC LAUGHLIN commented that while it may not be feasible to have a study of the building
completed by April 27th , a legal opinion on the contract should be brought forth and a date as to when
the study could be completed.
MAYOR WALUK moved Michael Conroy be appointed a full member of the HISTORIC DISTRICT
COMMISSION. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
MAYOR WALUK moved Chris Fagan be appointed an Alternate Member of the HISTORIC
DISTRICT COMMISSION. Seconded by COUNCILOR WINTHROP and VOTED
UNANIMOUSLY.
MAYOR WALUK moved Richard Carrubba and Tanya Kelly be appointed to the Aquidneck Island
Planning Commission and Mary Moniz an alternate member. Seconded by COUNCILOR
NAPOLITANO and VOTED UNANIMOUSLY.
RESOLUTIONS
11. Establishing the Harbor Center Working Group - N. Neville, S. Waluk, H. Winthrop, J.
Napolitano
COUNCILOR NEVILLE introduced the resolution and moved for its adoption. Seconded by
COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY (6-0)
12. Workshop to discuss Bicycle Safety and Safe Routes - N. Neville, K. Leonard, J. Napolitano
COUNCILOR NEVILLE introduced the resolution, stating that with gas prices soaring more and
more people would be using bicycles and they, as well as motor vehicle operators, should be aware of
the rules of the road with regard to bicycles. She then moved for adoption of the resolution.
Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
13. Recognizing May 20, 2011, as "Bike To Work Day" - C. Duncan, K. Leonard
(Heard prior to the Consent Calendar)
COUNCILOR DUNCAN introduced the resolution and moved for its adoption. Seconded by
COUNCILOR LEONARD and VOTED UNANIMOUSLY.
COUNCILOR DUNCAN presented a certified copy of the resolution to Bari George, who thanked
the Council for recognizing the importance of bicycling and the need to share the roads. She
encouraged people to ride their bikes to work on May 20 th .
14. Opposing House Bill 5961 Relating to Labor and Labor Relations-School Employee
Arbitration - 1. Napolitano, J. McLaughlin, H. Wintrop
COUNCILOR NAPOLITANO introduced the resolution and moved for its adoption. Seconded by
COUNCILOR MC LAUGHLIN. COUNCILOR MC LAUGHLIN noted that the defeat of the
legislation would not preclude the use of arbitration but would preclude "binding" arbitration.
IS. Supporting the efforts of the Japan-America Society (through the US Red Cross) and "Hope
from the Havoc" to bring relief to the victims of Japan's recent earthquake and tsunami - 1.
Napolitano, N. Neville
COUNCILOR NAPOLITANO introduced the resolution and moved for its adoption. Seconded by
COUNCILOR MC LAUGHLIN
MAYOR WALUK commended Councilor Napolitano for the resolution, and read a letter he had sent
to the Mayor Iishi of Shimoda City, as well as the response from Mayor Iishi, wherein Mayor Waluk
was advised, with regret, that a Black Ships Festival would not be held in Japan this year, but he was
planning to attend Newport's Black Ships Festival in July. MAYOR WALUK also cited activities
occurring at Salve Regina University, noting that 14 of Salve's students are from Japan.
ORDINANCES
16. Amending Ordinance No.1 0-29 Appropriating Revenues for the Fiscal Year July 1,2010,
through June 30, 2011. (Second Reading; continued from 2/9/2011)
MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILOR
NAPOLITANO.
CITY MANAGER LAVALLEE commented on the Fire Department overtime and other areas in the
budget where changes have occurred that will reduce the shortfall to $73,000. He said the Fire Chief
will curtail overtime in the Fire Marshal's Office, unless the work is of an emergency nature, which
will result in significant savings.
17. Amending Chapter 2.56 of the Codified Ordinances, entitled, "Boards and Commissions,"
Section 2.56.010, "General Provisions." (First Reading)
COUNCILOR MC LAUGHLIN introduced the ordinance and moved for its adoption on first reading.
Seconded by COUNCILOR NAP90LITANO and VOTED UNANIMOUSLY.
18. Amending Chapter 12.36 of the Codified Ordinances, entitled, "Newport Tree and Open
Space Preservation and Protection"; Section 12.36.050, "Newport Tree and Open Space
Commission." (First Reading)
20. Communication #4823/11, re: Farmer's Market - Aquidneck Growers' Market Lease
Agreement Extension
21. Communication #4824/I 1, re: Bid Award for Waste Line Repair-Fire Department
Headquarters
22. Communication #4825/I 1, re: Bid Award for Source Water Monitoring Program of Public
Water Drinking Supplies
COUNCILOR LEONARD said residents are questioning how they are going to afford the high water
and sewer rates. She said the ever-changing Federal and State mandates have a huge financial impact
on everyone. Discussion followed between COUNCILOR NEVILLE and CITY MANAGER
LAVALLEE regarding the testing being a State mandate, wherein CITY MANAGER LAVALLEE
said if the City fails to do it, in all likelihood there would be a fine for the violation.
23. Communication #4826/11, re: Application to the RI Public Utilities Commission for a Water
Rate Increase in FY12
MAYOR WALUK commented on the projected water rate increases over the next four years which
are the result of the EPA mandates that the City must build a new Lawton Valley treatment plant in
Portsmouth and upgrade Station 1 in Newport. COUNCILOR LEONARD questioned how different
the standards for clean water are today from those two or three years ago. CITY MANAGER
LAVALLEE noted that the Council has selected $75 million process that will have no by-products,
which should eliminate future problems. COUNCILOR LEONARD said it appears communities
make mandated improvements and then new mandates are issued. CITY MANGER LAVALLEE
responded that the Federal Govermnent has estimated a cost of $300 billion for all communities in the
U.S. to meet compliance, for which Federal grants will be available. COUNCILOR MC LAUGHLIN
noted that while the cost of the mandates doesn't make one happy, they are being done to ensure the
people of Newport are drinking safe, clean water. COUNCILOR NEVILLE pointed out that the
Council had a workshop wherein the improvements were reviewed in detail.
25. Communication #4828/11, re: Bid Award for Tennis Court Improvements
26. Communication #4829/11, re: Bid Award for Roadway Crack Sealing
27. Communication #4830/11, re: Bid Award for Retro-reflective Traffic Sign Upgrades
MAYOR WALUK asked how many signs were to be replaced; CITY MANAGER LAVALLEE
responded 1,500, as part of a multi-year, Federally-mandated, program. COUNCILOR
NAPOLITANO said she hoped the signs would be graffiti proof. COUNCILOR LEONARD noted
that this is another example of a mandate, all because the Federal Government thinks the signs should
glow in the dark.
28. Communication #4831/11, re: Bid Award for 2011 Roadway Improvement Program
MAYOR WALUK pointed out that some of the streets on the list are in the Community Development
Block Grant Area. CITY MANAGER LAVALLEE responded that $105,000 would be reimbursed to
the City for the three streets located in a CDBG area.
29. Communication #4832/11, re: Bid Award for Historic Paving Program - Washington Square
Phase 3
MINUTES OF THE COUNCIL MEETING
HELD APRIL 13,2011
Page 12
MAYOR WALUK asked ifTouro Street would be repaved as part of the program. PUBLIC
SERVICES DIRECTOR BILL RICCIO responded that it would. COUNCILOR NAPOLITANO
asked what the process would be for businesses in the area when the work is on-going. DIRECTOR
RICCIO responded that, unlike the previous phase, most of this project would involve surface work
with very little to be done underground. He said that after meeting with the contractor on Friday on a
work schedule, he will have meetings with the businesses. COUNCILOR NEVILLE said the
businesses should get as much advance notice as possible.
7:34 P.M. COUNCILOR MC LAUGHLIN moved the Council recess and convene as the Board of
License Commissioners. Seconded by COUNCILOR NAPOLITANO and VOTED
UNANIMOUSLY.
7:55 P.M. COUNCILOR MC LAUGHLIN moved the Council reconvene and adjourn to Executive
Session, pursuant to Rhode Island General Laws, Section 42-46-1, as amended, and in accordance
with Section 42-46-5 Purposes for Which Meeting May be Closed, "(a) (2) Sessions pertaining to
collective bargaining or litigation, ..." in the Conference Room, 2nd Floor, City Hall, to discuss issues
relating to collective bargaining and pending litigation re: (l) Local 1080 IAFF AFL-CIO v. City, et
aI, and (2) Berman, et al v. City of Newport, et at. Seconded by COUNCILOR NAPOLITANO
and VOTED UNANIMOUSLY.
8:24 P.M. COUNCILOR MC LAUGHLIN moved the Council reconvene in open session, the
minutes of the Executive Session be sealed, and the Council adjourn. Seconded by COUNCILOR
NAPOLITANO and VOTED UNANIMOUSLY.
1. 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. Class F Daily Liquor License:
1) Looking Upwards, Inc., d/b/a Grand Opening/Downtown Design; 7 Marcus
Wheatland Blvd., April 15, 2011, from 4:00 p.m. to 6:00 p.m.
2) Newport Rugby Football Club, d/b/a NERFU Championship; Fort
Adams State Park, May 14 and 15,2011, from 8:00 a.m. to 8:00 p.m.
3) Newport Rugby Football Club, d/b/a Newport Ts Tournament; Fort
Adams State Park, July 23, 2011, from 8:00 a.m. to 8:00 p.m.
4) Newport Preservation Society:
a) The Newport Flower Show, Rosecliff, June 24-26,2011
b) Annual Summer Dance, The Elms, August 6, 2011
c) Wine & Food Festival, Rosecliff, Sept. 23, 2011; Marble House, Sept. 24,
2011.
MINUTES OF THE COUNCIL MEETING
HELD APRIL 13,2011
Page 13
b. Communication from Carter, LLC, 250 Thames St., re: Change in "d/b/a" from
Porterhouse to The Speakeasy Bar and Grill. (Receive and make part of the licensee's
record)
2. Application of JACE Enterprises, Inc., d/b/a Andrews Liquors, 493 Broadway, to transfer its
Class A Alcoholic Beverage License to 295-297 J. J. Connell Memorial Road. (Hearing)
CHAIRMAN WALUK cited a letter that had come in from the Newport Little League expressing
concerns about the proposed location of the liquor store and asking for the matter to be continued for
two weeks. BRIAN RUSSELL, Vice President of the little league, said the little league had just
found out about the relocation and expressed concern over its location being only 225-feet from the
field. He said he was worried that people would walk to the store, purchase liquor, and sit drinking in
the stands during the games.
CHAIRMAN WALUK moved the hearing be continued to the April 27 th meeting. Seconded by
COMMISSIONER MC LAUGHLIN.
CHAIRMAN WALUK said that while he did not think the relocation of the liquor store was going to
be a problem, he had moved to continue the matter because in the past the Council has granted
continuances upon request. COMMISSIONER WINTHROP he has always been a supporter of the
little league; however, he would not support a continuance because the little league is a tenant on city
land and has no standing. He cited the letter wherein it stated the continuance was requested so they
could convene with the neighbors to oppose the liquor store at this location. He noted that the
neighbors within 200' had all been notified, and an advertisement had twice been in the newspaper,
and they have not come forward to object. He pointed out that the location is in a business (CI) zone,
and that a continuance would create an unfair financial hardship on the applicant. COMMISSIONER
NAPOLITANO said she also opposed a continuance. She said businesses are struggling, and the
applicant had not anticipated that he would have to move from his current location on Broadway. She
said the business zone is an appropriate location for the store and she could not support delaying the
matter so that the little league can get the neighbors riled.
JOSEPH ALVES, 256 Maple Street, said he supports Andrews Liquors moving to the new location,
but went on to cite problems with the customers of the convenience store, which is located in the
same building, walking through his property.
CHAIRMAN WALUK said he will support the transfer of the liquor store but felt it was a matter of
fairness to grant the continuance and, not doing so, would set a bad precedence. COMMISSIONER
NEVILLE said she had driven by the property and could not find an issue as to why the liquor store
should not go there. She asked Mr. Russell what the little league proposed to do in the two weeks
MINUTES OF THE COUNCIL MEETING
HELD APRIL 13,2011
Page 14
if a continuance were granted. MR. RUSSELL said he was not sure, and went on to discuss problems
with litter and graffiti in the area, which he said could increase if the site were approved for the liquor
store. He also expressed concern that little league parents might go over to the store and purchase
liquor to drink while in the stands.
COMMISSIONER MC LAUGHLIN said he would vote to allow the transfer; however, he thought it
would be better to take the additional two weeks before acting. COMMISSIONER DUNCAN said
he, too, wcmld vote for the transfer, but would support the continuance because continuances have
been granted to others in the past. He said he did believe there are a number of problems associated
with the convenience store that is in the same building. COMMISSIONER NAPOLITANO noted
that the letter had just been received on the day of the meeting and states that their reason for wanting
a continuance is to convene with the neighbors to oppose the transfer. She said that everyone on the
Council has said they would support the transfer to this location and, since the applicant is currently
paying rent for two locations, it would not be fair to continue the matter. COMMISSIONER
DUNCAN asked ifMr. Russell would be willing to withdrawn the request for a continuance since the
Council would have the same answer in two weeks; i.e., that they support the transfer.
CATHERINE RATCLIFF, Girard Avenue, a member of the Little League board who lives in the area
but outside of the 200' radius, cited litter problems and said she daily has to pick up litter from
Dunkin Donuts and Stop and Shop, as well as liquor bottles. She said she supported the continuance.
COMMISSIONER NEVILLE asked the effect the continuance would have. MR. MURPHY
responded that if it were continued he would not be able to move from the Broadway location by May
1sl , which would result in his having to pay May's rent there. COMMISSIONER LEONARD said
the proposed location is in a business zone and it was unfair to assume it would have a negative
impact; therefore, she would support the relocation. In response to COMMISSIONER WINTHROP,
MR. MURPHY said he would remain a small business and, if he had to pay another month's rent for
the Broadway site, the cost would be $2,250. COMMISSIONER WINTHROP said the additional
month's rent would be an undue financial burden on this small business and he would not support a
continuance.
Kathleen M. Silvia
City Clerk
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CIty of Newport, Rhode Island . .
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t(S 01 :l;;j
APPLICATION FOR A SPECIAL EVENT LICE SE ..__ .£.13211":>
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LOCATION OF EVENT:
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Date(s) of Event:
Hours of Event:
If yes, will you be applying for a Class F or F-I Liquor License? ?' 1_ _ 1
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
I
Location from where firewo
NOTE: Iffireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
SPECIFIC ROUTE:
EVENT TITLEffYPE:
LOCATION OF EVENT:
Date(s) of Event:
Hours of Event:
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DANCE I~ DEEJAY Amplificl\tiOli: I..J~~'-- ...J
Are required approvals attached, e.g., State, Recreation Dept.? 1'-- ---
Is a street closing being requested? LUD
Will food be prepared on the premises?
Will there be gambling, e.g., bing«r;~~Jc.? ~'ll.a:~o you have State Police Approval? ~ I
List Names of Vendors Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation'l (ContaetNM 222-2957)
FIREWORKS
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer tban 15 minutes, arrangements must be made for police
detail officers at sponsor's expenD .
SPECIFIC ROUTE:
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APPLICAnON FOR A SPECIAL EVENT LICENSE
(Page 2)
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If so, whose?
Will there be gambling, e.g., bingo, raffle, etc.? I _'" Do you have State Police Approval? 1--:--:_
List Names of Vendors Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
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APPLICATION FOR A SPECIAL EVENT LICEN~E
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DATE: Il Aei<-I L 20 \I
LOCATION OF EVENT: I
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Is Organization Non-Profit? I 'i ~S Is Organization Religious? 1L...C:!.f\!..::() _
(page 2)
OTHER (describe) I
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Event" with RI Division of Taxation? (Contact No.: 222-2957) WILL SU\'>MlT
FIREWORKS
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
SPECIFIC ROUTE:
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HISTORIC FORT ADAMS
NEWPORT, RHODE ISLAND
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APR - 7 2011
City ofNewport, Rhode Island • !. Pr ~ F; 7/Si 07:
APPLICATION FOR A SPECIAL EVENT LICENSE·' .
DATE: _·L:{~'I'-PLL(.L1;\----\~b'O+i->.d..<:.:'("""J--,-I,-'_
EVENT TITLE/TYPE:
LOCATION OF EVENT:
Hours of Event:
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For Retail Sales - Have you completed a "Promoter's Applicatiou For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
SPECIFIC ROUTE:
City of Newport, Rhode Island
APPLICATION FOR A SPECIAL EVENT LICENSE
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Signature of Property Owner:
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CARNIVAL '-,N-L.-:..
D_.....; CIRCUS NO Will there be animals? 1_ _.....;
Will there be gambling, e.g., bingo, raffle, etc.? INo Do you have State Police Approval? 1,--_---,
List Names of Vendors Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
'Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
SPECIFIC ROUTE:
40'x155' Green & White Guest Tent Fire Extinguishers, Emergency Exit Lighting, and
16'x24' Dance Floor "No Smoking" signs located adjacent to Exits
Mixof3', 4', & 5' Round Tables for Guest Seating
c 250 Guests (estimated)
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Summer Solstice
Friday, June 17th, 2011
Fort Adams ~ Parade Field
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Date(s) of Event:
Hours of Event:
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List Names of Vendors Item to be Furnished
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For Retail Sales - Have you completed a "Promoter's Applicatiou For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer thau 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
SPECIFIC ROUTE:
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City of Newport, Rhode IsJand~,
APPjLICATION FOR A SPECIAL EVENT\B!~~~S~,
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DANCE I if..: 51 DEEJAY Amplification: I ~_
OTHER (describe)
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Ifnot, will another's license be used? I- - - -
If so, whose?
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FIREWORKS jl/O'
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NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
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detail officers at sponsor's expense.
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ROAD RACE, WALK-A-THON, ETC. On Roadway(s) On Sidewalk(s)
SPECIFIC ROUTE:
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DATE: Y - 1r,?~1 J
EVENT TITLEITYPE:
LOCATION OF EVENT:
Hours of Event:
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If so, whose? I
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For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer thau 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
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CITY OF NEWPORT, RHODE ISLAND APR. 1 a 2011
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APPLICATION TO HANG BANNERS OVER THE PVBtJC RIGHT-OF-WAY
Location:
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THE NEW ENGLAND RUGBY UNION & NEWPORT RUGBY
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J.~,!!t/; WELCOMES ALL NEW ENGLAND RUGBY PLAYERS RT ~
4ft I ~.".. TO THE 12 ;~
New England
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STREET ADDRESS of ORGANIZATION STATE ZIP
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DATES AND TIMES WHEN GAMES WiLL BE HELD
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List Officers Organization below: If the officer conducts games, include their Date of Birth and Place of Birth.
List All Other Persons that Conduct Games below (do not repeat any officers that are listed above):
CERTIFICATION
r hereby certify that the above infonnation furnished is true and further that 1 have knowledge of the provisions of
General Law 11-19-30 and 11-19-30.2 governing Bingo or Beano games and the organization will comply with the
provisions of the law and any other conditions imposed by the City Council.
d~,~---H~(£~
-- SIGNATUREOAPLANT
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DATE SIGNED
DATiEU.L-lNJI~ /- (1 2011'
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TO THE HONORABLE COUNCIL OF THE CITY OF NEWPO~T: .. ,
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Print Name of Applicant: ~m1 42)u~ hUA
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(Individual, CorpILLC, etcc)
BUSINESS D/B/A:
BUSINESS LOCA'llON:
Owner/Representative:
Authorized Signature:
Owner's Home Address:
Business Telephone No.:
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BUSINESS D/B/A:
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Business Telephone No. I ft>! Z.? 'j 031-2 Home Telephone No.: 1'-fif'J ·-'it -f2-2213'
MAIIJNG ADDRESS; (circle o0e) @:bnsine ss locatjon (b) QWner's address (s;) other (specify)
The business is principally e~gaged in the sale of the following types of goods:
CXl1d bOokS
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Day, except pbarmscie., rotail stor.. that prinoipally seU rood producls and which omploy ro or t ~"n six omployei. por shift at Imy'o 0
location~ flower, garden and garden 2ccessory shops, video stores, and bakeri.es. (IU General 4W 5 3) w !
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Application is madefor: :H OI,.,IDAY SELLING LICENSE ._ ... r' ,i Date:. '1':1 /
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LICENSE .mrnATION:
BUSINESS OWNER:
(Individual, CorplLLC, etc.)
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BUSINESS D/B/A:
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BUSINESS LOCATION: " c..."' .... ,..,~ .... ~v-.>..,;,~
Business Telephone No.: '-/0 I • (" J 9 . /3 /.( '1 Home Telephone No.: _'-I._.O_'_'_B_,>_·::5_-_-_3_:J.-e_<_~_"J ..
The business is principally engaged in the sale of the following types of goods: _S~<.l"""''- _~~_._.._
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Day, ,except pharmacle" rotal1.loro. that principally ~cll food products .nd whicb employ fOW¢nlba'1."X. f1l1'P1oy",'pe~. 'S.b.•ft....•.t ~"y oni
10catlOo, flowe., ga"den and g.rden acce.,ory ,hop., v,deo .toro., and bakerie., (RI Gener.1 lLi W 5c2t.... ,. '. .
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MAU"ING ADDRESS:' (circ!O! one) @BusinesslocatiOn (Ill owner's address lcl other (specify}
The business is principally engaged in the sale of the following types of goods:
i
April 18, 2011
For each of the past 27 years, the Benefactors of the Arts has sponsored the Secret Garden Tours of Newport as a
fund raising event for arts education in Aquidneck Island pUblic schools. Our spring tour is held in the Point area of
Newport where a dozen or more private gardens are opened for one June weekend to hundreds of visitors from all
across North America. This year the spring tour will take place on June 17-19, Friday through Sunday, from lOAM to SPM
each day.
During past tours the starting location has been outside my home at 33 Washington Street, across the street from Storer
Park. As the number of participants has increased over the years this location has grown congested with groups of tour
goers waiting to register in my driveway and occasionally blocking the sidewalk or spilling onto Washington Street
creating a traffic hazard. We are therefore requesting that the headquarters for this year's spring tour be moved across
Washington Street to Storer Park.
The tour headquarters is designated by an 8' X 8' white tent top with "Secret Garden Tours" stenciled in green lettering
along the top front border to identify our presence. The tent provides shelter from sun and rain for tour volunteers and
covers a 6' table that provides a work space for the volunteers. We propose that the tent be erected in the park each
morning of the tour at 9 AM and removed each evening at 6 PM. The tent is self-supporting and no stakes or rope
extensions are required.
We have explained our proposed move to Storer Park to the President of The Point Association, Jeff Marshall. He
expressed no opposition to the plan and offered his support for the Tour. We have also spoken to Susan Cooper,
Newport's Director of Parks and Recreation. Ms. Cooper said that she considered the tour's activity to be well within the
guidelines for city park activities.
We hope that council members will grant this request and help the Secret Garden Tours of Newport continue its effort
to support arts programs in the island's public schools.
~\ "•• J.ul \) [, LJ (; .u
Myra DUV~IY,pre~ident
Benefactors of the Arts
Saturday, April 2cd, 2011 pis
Dear Mr. Marc Agin,
Hello, sir. My name is Kim Boiani and I am writing this etter.to you after speaking
briefly on the phone with you yesterday.
I am a single mother of 3 and grandmother of 1 who lives in the home where I was raised
(by my father, John, and my grandparents, John and Louise) at 122 Eustis Avenue. Our
family's home was built in 1952 by my grandfather and my great-grandfather. My
granddaughter, Kimberly Rose, is the fifth generation of our family to live in our family's
home.
We had a problem with our family's boiler and have not been able to live in our home
since December 6'h We were promised a boiler through Child & Family Services by
January 15'h and have not received it yet.
I have an 18 year-old daughter, Kassandra, a 15 year-old son, Christopher, a 6 year-old
daughter, Hope, and a 1 year-old granddaughter, Kimberly Rose. I am the only one in our
family who works and drives at this time... although I am on Unemployment for the
winter until my Inn reopens.
I contacted the Newport Water Department about our family's water bill and was
advised that, if we were unsure as to when we would be able to return home, that we .
should have the water shut off. I agreed and received a phone call on February 18'h (the
day after Kassie's 18'h birthday) that the water had been shut off on the 17'h
On February 24'h, I received a phone call from my cousin, Cindy Boiani, who lives right
next door at 120 Eustis Avenue, who let me know that there was water "pouring" out of
our kitchen and bathroom windows.
The kids and I been staying out at the Sandpiper Cottages until we get the boiler put in. I
should say that my 2 girls, my granddaughter, and 1 have been staying there ... my son had
been staying with my "mom," Pat Paul, at 121 Park Holm with our 2 dogs and cat. Kassie
and Hope sleep on the bed, Kimmie sleeps in the pack-n-play, and I sleep on the floor.
This past Tuesday, I had to bring our dog, Nikita, imd our cat, Cookie, to the Potter
Shelter because my mom got in trouble with Housing about keeping the pets for us. The
Sandpiper Cottages are way too small to keep them there.
Hope still doesn't know about this but it's going to break her little heart when she does
find out. She already has a big heart for animals and pets just like her mom (and big
brother and big sister, too).
I spoke with Pearl, the Potter Shelter Director, last week-end about surrendering our
pest and she told me that there was no money in their budget to board our pest and she
suggested that I keep the pets at our home... that, as long as they had food, water, and
shelter, and we went over to walk them every day, that they should be fine.
Unfortunately, when Kevin MacDonald ofR & R Construction came over to our house
on Monday to do an appraisal that I could submit to you, he noticed mold and
recommended Paradise Cleaners to me... Jim Paradise came over on Friday and I was
VERY impressed with both Kevin and Mr. Jim Paradise and I hope that I will be able to
gets the funds necessary to have them do the necessary work to start the process to get
my family home.
Back to February 24 th , I immediately went to our home and had to call the Newport
Water Department to some over and do an emergency water shut-off. Kyle-a VERY nice
young man-very professional, courteous, and knowledgeable about his job ... a hard
worker who reminded me of my father, Rudy, also a hrd worker who worked for the City
of Newport at Cardines Field for over 2S years (he passed away there 3 years ago this
coming June). Kyle couldn't shut the water off from inside the house because the water
was too high so he had to consult some maps and dig in our front yard to find the outside
shut-off valve... the water HAD NOT been shut off on the 17th as I had been told.
I called the Newport Fire Department to see if they could pump my cellar out and they
came right over, went downstairs, and wound up making a call to National Grid who
came over to take the meter off the house because the water had actually risen above the
fuse box!
The next day I contacted the Newport Water Department about the situation and was
promised a call back. I asked if they could pump the water out for us and never received
another call back that day so the next day I went down to the Newport Fire Department,
on Marlboro Street, with my younger daughter, Hope, and spoke with Michael and then
Chief Connerton, who sent a crew up from the Touro Street Fire Department to pump the
water out. They told me it would take at least 2 shifts to pump the water out and that I
should bring Hope home because it was chilly that day.
It was a lot of phone tag with the Newport Water Department but I was able to speak to a
very nice man named Joe-in person-at the Water Department. I had to go back to speak to
a Mr. Mason who was not as friendly.
Mr. Agin, I am writing this letter to you as the Purchasing Agent for the City of Newport
to officially state that my family and I would like to file a claim against the Newport
Water Department and/or the City of Newport on behalf of my family. I am not trying to
get anyone in trouble but I don't think that it was fair that I WAS told by Don of the
Newport Water Works that the water in my family's home was shut off and it wasn't. I
don't think it was fair ofMr. Mason to tell me, in front of my Hope, "What do you want
us to do about it? You were already having problems with your boiler."
I thought that was very cold and very rude. I understand that he is looking out for the
Newport Water Department's interests but I feel that he could have been at least a little
bit compassionate about what my family has been going through.
I did not have a problem with the electrical or the plumbing or the tiles or the doors or
with mold, etc. before this happened.
I am a happy single mother 00 and grandmother of I who loves being a mother and a
grandmother. I feel fortunate to have been raised at 122 Eustis Avenue by my father and
grandparents and I want to get our home fixed up the way it should be and be able to
raise my family there.
I am a good person who has always been the first one to offer help if someone needed it.
My father always told me that my heart was too big when it came to people and animals
and I told him that your heart could NEVER be too big.
I don't drink. I don't do drugs. I don't gamble. I don't smoke. I don't leave my kids
wherever to go hang out in bars or go do whatever. All of my money goes for my
children, my granddaughter, our home, and our van.
I have been told by a lot of people, especially since my father died, why don't you just
sell the house? I have fought to keep our home. I had to go to Probate Court in December
and practically beg to keep our home because of a medical Lien owed to the State of
Rhode Island on my grandfather, John's behalf Grampey passed away going on 8 years
ago (also in June like my father). I promised to pay $3,410.73 by April when I received
my Income Tax Return which I was able to do a little earlier in March. I don't have much
money to spare.
The only reason I waited this long to start the Claims process with you was because Mr.
Mason told me, "You can try to file a Claim with the city through the City Clerk's Office
or something but you will need to get estimates first.
A lot of people have asked why I don't just sell the house. Mr. Agin, our house isn't just
a house or a piece of property to me, 122 Eustis Avenue is our family's home and I(and
my children) intend to keep it in our family for generations to come.
I have had Mr. Kevin MacDonald ofR & R Construction out to the house to do an
estimate. He says that it is fixable. I haven't received his estimate yet but his phone
number is 846-4914 if you need to check before we get a chance to speak (I hope we get
a chance to talk).
Jim Paradise, Owner of Paradise Cleaning & Restoration (recommended to me by Kevin
MacDonald) also did an inspection and estimate for me. His number is 849-6644.
Also James from LA.M. Construction Company came out at owner Rob Reed's request
to do an inspection and estimate. That number is 619-5234.
I want to get my family home soon. My older daughter, Kassie, has had 9 hip surgeries
and is due to have another one this summer. She has a condition that is known as a
Slipped Capital Femoral Epiphysis. I'm due to have back surgery myself and have other
health issues to deal with (the night of the 24'1. stands out to me for another reason
because I had had Laser eye surgery on my right eye-for Retinopathy- earlier that day and
the following Friday I had laser surgery on my left eye). I truly believe that there is NO
better place to heal than in your own home.
I feel that it was adding insult to injury to have received 2 shut-off notices from the
Water Department SINCE all this happened (after Kyle did the emergency water shut off
on February 24 th ). I received the first one about 2 weeks after and the last one I received
last week.
I thank you for taking the time to talk with me on the phone on Friday, April 1st and for
letting me know how to contact you. I would like to begin the process of officially filing
my family's Claim against the Water Department and/or the City of Newport as soon as
possible. Please let me know what to do next. I'll give you all my information at the end
of this letter.
Sincerely and hopefully yours,
Kimberly Sue Boiani
~~Jwt)~.
122 Eustis Avenue, Newport, RI. 02840
Cell Phone: 855-0951
E-Mail: KSBBYTHESEA@HOTMAIL.COM
Kassie's cell phone: 207-4737
/../)u!h:.-e.--r
PAGE 10f2
CITY OF ~~~,(~HODEISLA~a;;printed6/5120071054AM
Dec. 1, -Nov. 30, _
VICTUALING LICENSE APPLICATION
TO THE HONORABLE COUNCIL: DATE:
D/B/A
LICENSED PREMISES
_,LfR'
f l. [I~u/ 7
DURATION: I I(Annual is DEC 1 thru NOV 30) or if Seasonal (list dates): IMfJ.1-""J Dc..f
Estimated monetary
investment Involved:
I 2
0) tJ(YO
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Hours of Operation: I (rM1 """'" \ 'VW' I
Do you have Extended Hours of Operation (i.e. 2:00 am till 6:00 am)? [1iQ] if yes, specify extended hours and days:
Hours: I I Days: I I
Is liquor license application being submitted by the applicant? W or will it be in the future? U1lLiJ
. b •••••• ~ ID • • D.D~
t..--'r
Description and/or rendering of architecture to be used (if changing). INITIALS:....... 00...: Attached? (YES?No):... ...."..
Approved by Council_.cci~~.cciJ·'_'ll~_
.._1_:1_2_'0_1_1__ Disapproved by Council _
Issued by Date _
APR 1J
1':\W~b Editing\VlT2007Applkal'ion.dot:
~U (!fll~L is ~ 1/1/
Last printed 6/5/2007 10:54 AM
PAGE '2 of 2 Victualing License Application D". 1, fa Nov. 30,
Garbage Disposal:
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Locatiou:
Type/Odor Prevention:
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Weight per pickup: ~=========I
Number of Cans:
Your signature below indicates that you have reviewed the information on this two page form and agree that it
is correct. Any change will require that a new application be filed with the City Clerk's office.
. _ ~~
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Applicant:
Authorized Signature:
Applicant's Address:
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******************************************************************
TO BE COMPLETED BY CITY CLERK'S OFFICE:
COUNCIL ACTION: DATE _
CONDITIONS: _
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CITY OF NEWPORT, RHODE ISLAND
APPLICATION FOR A PEDICAB LICENSE (DECAL)
DATE: Q 3 .- z/ - 20 II
TO THE HONORABLE COUNCIL OF THE CITY qnNJtl~Ol.nfi
; :! !j , -:..... , ~ -<T~'
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Application is hereby made for a PEDICAB LICENS~/:\ r::-"--
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No. of PedICabs: . i' Ii
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CONDITIONS: Must comply with all State and Local Motor Vehicle Code
regulations pertaining to bicycles. No loading or discharging of passengers on
roadways so as to interfere with traffic. Pedicabs may not operate between 2:00 a.m.
and 6:00 a.m., and are prohibited from Memorial Blvd. and Memorial Blvd. West,
except to cross over at Spring St. and Bellevue Ave.
+VQt:C/c \"ulQS.
Pedicabs will operate throughout Newport, following all traffic rules and
regulations. Areas of operation will be from upper Broadway all the way to the 5 th
ward, and from Cliff Ave to Goat Island and all areas in between. Pedicabs will not
operate on Memorial Blvd except to cross at Spring st, and Bellevue Ave.
Pick up and drop off areas will include Bowens and Banisters Wharves, The Marriot
Hotel, The Gate Way Center, The Hayatt on Goat Island, and also at bars, restraunts,
Inns, and residences through out the city.
All Pedicabs are equipped with Hydraulic breaks, LED lighting for night riding,
hornsfbells for safety, and have a capacity to hold up to 4 passengers. All drivers go
through on road training that provides detailed instruction on how to ride a
pedicab, informs new riders of rules of the road, and how to properly use hand
signals for turning. Also as requested by the city no one shall be able to ride without
first passing a back round check, having a valid drivers license, and a Pedicab
operators license visible at all times while riding,
Michael Eudenbach
21 Lee Avenue
Newport, RI
(401) 846-1130
As· owner and resident of 21 Lee Avenue; my property borders the residential/commercial line which runs along
the Wellington Avenue Parking lot. There Is placed for over a year, a 60 foot steel container from which the
business of Newport Pedicab, Inc operates. I like the nature of their business, as It adds a levei.of
transportation to the city, however I feel that fhe current location for their headguill1ers Is a hlngerance the
neighborhood for the following reasons. .
Noises are at Industrial levels due to the steel door which makes loud clanking sounds when being opened and
shut, which occurs numerous times while the pedicabs are oper<ltlng often until 3am. Other noises Include
their. communication radios, which are set on high volume and Inciude a loud squeaking beeb with each
transmission. When the 6 bikes are taken In and out of the container, there are loud thumping sounds. In
addition, the employees are often yelling back and forth. I have asked them several times politely, as have
some of my nel.ghbors, what can be done to restrict the noises, with little or no·resultsJ I have personally been
woken up many tlmes,as have some of my neighbors who live much further away. after midnight and a few
times after2am. I have spoken with them asking If they could be more quiet, but they can't control the noises
that the Steel container makes. I have cont"cted the Newport Police Department, who responded promptly to
address the situation. Enclosed <lie the pollee reports. Incident # 1O-19032-0F shows an officer responding to
<I noise violation call at 2;27<1m.· Also enciosed Is a copy of the Newport Pedicab Business license. which
specifically [estrlcts them from doing business after 2am "between the hours of 2am and 6am". I do believe the
noises exceed the 55 decibel allowance for a business after 11pm, and for the pollee response on 8/15/10, the
sound recording officer was dispatched to take readings.
Enclosed.are petitions by neighboring residents and property owners who h<lve complaints about the Newport
PedlC<lb 8uslness beln·g <It It's current location, <lnd requesting that It be moved to another loc<ltlon.
If there is anything that the Newport City Council can do to resolve this sltu<ltlon, I along with my neighbors,
would gre<ltly apprecl<lte It.
Sincerely,
~et~S:-"\'~~l:1<-""-
Michael Eudenb<lch
. By the· City Council of the City of Newport - In the State .c~fRHODE ISLAND
. 2010-20i.1 . . _ .....
PEDICAB LICENSE - -
License is hereby granted to
NEWPORT PEDICAB, INC. d/b/a NEWPORT PEDICAB
Of said Newport, to operate PEDICABS on the streets, In said Newport, and this License shall continue rn force for the following
period May 1,2010 through Apri130, 2011 unless soonerrevoked for cause.
CONDITIONS: May not operate between 2:00 am and 6:00 am and are prohibited from Memorial Blvd.. and Memorial Blvd.
West, except to cross over at Spring St. and Bellevue Ave. Must comply with all State and Local Vehicle Code regulations
peltaining to bicycles. No loading or discharging ofpassengers on roadways so as to interfere with traffic. To be done in safe
manner and in compliance with traffic regulations and city ordinances.
By order of said Council Newport, RI: April 28, 2010 Kathleen M. Silvia, City Clerk
CITY OF NEWPORT, RHODE ISLAND
APPLICATION FOR A PEDICAB LICENSE (DECAL)
.".. '" DATE: ~.o;;Z~ ~ ..;. .~.<-
~:~~;;::~c::~:erebY e
mc: [or"a PEDICAB LICENSE.
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Business Tel.No. Gi7 2" 2iJdJ'- Home Tel. No. _
*On a separate sheet, list names and addresses ofprin~ipal officers if a corporation; if
not, the names and addresses ofpartners, trustees, or other owners.
THE FOLLOWING
. INFORMATION MUST BE ATTACHED TO.APPLICATION: .
1) Description ofpedicab(s), including trade name, seria~ nQ., l:HJdy s-ty'!11e"".-~---~
2) Amap of Newport showing locations ofproposed routes or methods of
operation. . .
3) Location ofproposed stations, stands or pick-Up points.
CONDITIONS: Must comply with all State and Local Motor Vehicle Code
regulations pertaining to bicycles. No loading or discharging ofpassengers on
. roadways so as to interfere with traffic. Pedicabs may not operate between 2:00 a.m.
and 6:00 a.m., and are prohibited from Memorial Blvd. and Memorial Blvd. West,
. except to cross over at Spring St. and Bellevue Ave:
""* "''''' '1<"'" "''''' **" *"'*"****** For Office Use Only **** **** **** ***** * 'I< **" **
$15.00FilingFeepaid:~ID
License Fee ($50 per pedicab) $ .
"
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41,
Date paid:
'.(fi)
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Council Action: ~,ii/%b~Uli.ij Date: APR 28 2010
Proof of LiabJity Insurance (not less than $1 millioll per occur:;-ence) attached that meets the
requirements of Section 5.9 .250 _ _.._ _
(
Date License Issued: -'"."+7b"H"h'- Decal Nos. _~ ~_.~_ _~
Newport police Department Page: 1
NARRATIVE FOR OFFICER ERIC J BARDEN
Ref, lO-18000-0F
Entered, Q8/05/2010 @ 0252 , Entry ID, 866'
-Modified,' 08/05/20:1:0' 0'0305 'Modified XD', 866" ""~" '. "." -".' - ...
Approved, 08/05/2010@ 0323 Approval ID' 150
Officer Eric Barden #17 .
On Thursday, Augilst 5, 2010, at approximately 0132 hours, I was dispatched to 21 Lee Ave. to speak with the
complainant about a concern.
I spoke with Michael Edenbach, 05/11/1970. Edenbach is concerned about the large, cargo container box
used by Newport Pedicab for storage behind Thames Street Shell, next door to his residence. Edenbach stated
that he is woken up every night by the loud metallic sound when the door to the storage box is opened and
closed: Edenbach has expressed his concerns to Newport Pedicab and they have been cooperative, greasing the
hinges to the door to alleviate the "creaking" noise, however, the loud noise when the door is first opened and
closed still remains. Edenbach believes this noise is above the allowable 55 decibels and wanted his complaint
to be on record.
Due t9 the amount of calls for service, I was unable to follow up with Newport Pedicab during their hours of
operation. No further action was required at this time.
Newport Police Department Page: 1
Incident Report 08/17/2010
Signature:
Signature:
# EVENTS(S)
Incident #: 10-19032-0F
,..•..••... '" .
-" 'Call' #: '1'0"-19032' ., . - ,-, ..• ..... ,..
~.:O.- ~.-
Signature:
Signature:
dt EVENTS(S)
1 NO VER~F~ED COMPLA~NT
Printed Name:
Address:
Signature:
Notes:
Petition to remove'the container for Newport Pedicab. Inc. from location in
Wellingtcln Avenue Parking Lot. Newport. RI
Wellington
. -
Avenue Parking Lot. Newport. RI
I, the undersigned, live in proximity to. the business location of Newport Pedicab,
and hereby proclaim that it is a noise nuisance, during their operating hours, and
espeCially between 6pm - 3am. Noises include the industrial container steel door
opening and closing multiple times per hour, rumbling of pedicab bikes in and out
of the container, loud yelling by employees, and loud communication radios
including loud beep noises. All of these noises can be heard hundreds of feet
away. By signing this petition I state that I have been woken up after 11pm by the
business noises of Newport Pedicab. Neighbors have spoken to the employees
courteously several times with little or no change in behavior or volume. Due to
the nature of the Newport Pedicab business, being at industrial noise levels, we
request that it be relocated to another location where it will not have such an
impact on a bordering residential neighborhood.
Address:
Signature:
~/,/
Signature:
Notes:
· Petition to remove the,contain.ir forNewpoJ'tPedicab;'lnc; frorrilocatiorJ in
Wellington Avenue .parking Lot, Newport, RI
Printed Name:
Address:
Signature:
Notes:
~etition to rt!lnove the contiline'r for NewportPeditab. Iflc. from locatie>n·in .
Wellington Avenue Parking. Lot, Newport, RI ,. .
Printed Name:
Address: s/
Signature:
Notes:
\U Vv"--V \ IlJ1j \ I'G 11l\Ld-L.' L /1 LUI ,
CITY OF NEWPORT, RHODE ISLAND
APPLICATION FOR A PEDICAB LICENSE (DECAL)
DATE: L/ /5/;),0 \\
d/b/a:
Signature of Applicant:
Business Tel. No. #1- "'/32 -sVc;!3 Home Tel. No. hlr 2{; ( ,itm---
*On a separate sheet, list names and addresses of principal officers if a corporation; if
not, the names and addresses of partners, trustees, or other owners.
THE FOLLOWING INFORMATION MUST BE ATTACHED TO APPLICATION:
1) Description ofpedicab(s), including trade name, serial no., body style.
2) A map of Newport showing locations of proposed routes or methods of
operation. . '
3) Location of proposed stations, stands or pick-up points.
CONDITIONS: Must comply with all State and Local Motor Vehicle Code
regulations pertaining to bicycles. No loading or discharging of passengers on
roadways so as to interfere with traffic. Pedicabs may not operate between 2:00 a.m.
and 6:00 a.m., and are prohibited from Memorial Blvd. and Memorial Blvd. West,
except to cross over at Spring St. and Bellevue Ave.
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APPLICATION FOR A PEDICAB LICENSE (DECAL)
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DATE:
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Printed Name: -r;::r;;:= c;S t/. /..f., ~ ~u" N
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Business Tel. No. 76/- '17 y~ 7 G if7 Home Tel. No. $/CJ( -'/'l '( -76 f( 1
*On a separate sheet, list names and addresses of principal officers if a corporation; if
not, the names and addresses of partners, trustees, or other owners.
THE FOLLOWING INFORMATION MUST BE ATTACHED TO APPLICATION:
1) Description ofpedicab(s), including trade name, serial no., body style.
2) A map of Newport showing locations of proposed routes or methods of
operation.
3) Location of proposed stations, stands or pick-up points.
CONDITIONS: Must comply with all State and Local Motor Vehicle Code
regulations pertaining to bicycles. No loading or discharging of passengers on
roadways so as to interfere with traffic. Pedicabs may not operate between 2:00 a.m.
and 6:00 a.m., and are prohibited from Memorial Blvd. and Memorial Blvd. West,
except to cross over at Spring St. and Bellevue Ave.
Mailing Address (choose one): (a) Business Location, ~wnership Address, or (c) Other (specify below)
I
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~L=l=·c=en=s=e=N=um=b=er=:===C=L=A=S=S=:=======:::;-'-L-it-te-r-R-at-in-g-fj-ro-mf'============;I
L .- , - ~ City Clerk: L. .
DURATION: I I (Annual is DEC I tbm NOV 30) or if Seasonal (list dates): , APRil - Jan, I
Estimated monetary I I
investment involved: =============:::;
Hours of Operation: I I \ CLm - \ \ PlY\ I
Do you have Extended Honrs of Operation (i.e. 2:00 am till 6:00 am)? ~ if yes, specify extended honrs and days:
Honrs: I Days: I I
------------
Is liquor license ap~lication being submitted by the applicant? ~ or will it be in the future? IW0 I
....... , ,
Description and/or rendering of architecture to be used (if changing). INITIALS:.......oa.a: Attached? (YES?No) : :.
Filing Fee: EJ Date Paid: I q/r '!:". LI I I ~ Fee: 1_1 1Date Paid: 1'---,- _
Approved by Council _ Disapproved by Council _
Issued by Date _
Owner:
DBA:
Location:
Type of
BUSINESS:
Your signature below indicates that you have reviewed the information on this two page form and agree that it
is correct. Any change will require that a new application be filed with the City Clerk's office.
•••••••••••••••••••••••••••••••••••••••••••••••••••••• ••••••••••••••• ~ I •• • •• • •••••••••••••••••• ~
Signature of
Applicaut:
..~ ..m J:j..e.t;Mi j Date: 1..fl(,~!!.!.. .J
Phone #:
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Print Name:
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Last printed 6/5/200710:54 AM
PAGE lof2 CITY OF NEWPORT, RHODE ISLAND
Dec. I, -Nov. 30, _
VICTUALING LICENSE APPLICATION
TO THE HONORABLE COUNCIL:
,
DATE: I /1- /tIl/
D/B/A l 4, VI /'1 DE L G-lIS"1 0 .A",
.n_ H _"
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Corporation):
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Mailing Address (choose one): (a) usiness Location, (b) Ownership Addr<;'ls, or (c) Other (specify below)
1
License Number:
L ,- - - - - - - - - - - - " " _ " -
CLASS: (§ - '
I LitterRating from
City Clerk: ,
I -'
DURATION: I /~V\nv CA.-I I(Annual is DEC I thru NOV 30) or if Seasonal (list dates): IL _
Estimated monetary I ,iJ
investment involved: ~==='fi:::.'J:I=L=O::!;',:=.:O=O=,O======:
Hours of Operation: q6vn 10 7 pm
Do you have Extended Hours of Operation (Le. 2:00 am till 6:00 am)? ~ if yes, specify extended hours and days:
Hours: I IDays: I I
Is liquor license application being submitted by the applicant? ~ or will it be in the future?D
.......
Description and/or rendering of architecture to be used (if changing), INITIALS:.... .....: Attached? (YES?No) :... ..... a_:
~ ~
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Type/Odor Prevention:
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Weight per pickup:
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Number of Cans:
Your signature below indicates that you have reviewed the infonnation on this two page fonn and agree that it
is correct. Any changewilI require that a new application be filed with the City Clerk's office.
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PAGE lof2 CJITY OF NEWPORT, RHODE ISLAND
Dec. I, -Nov. 30, _
VICTUALING LICENSE APPLICATION
TO THE HONORABLE COUNCIL: ·C'·'.·;····;::;·····::·DATE: .
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Estimated monetary
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Is liquor license application being submitted by the applicant? I ND or will it be in the future? Ylo..je.I
Description and/or rendering of architecture to be used (if c.hanging). INITIAL~~'i- Attached? (YES?No) : •••••• :
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Weight per pickup:
Type of
BUSINESS:
Your signature below indicates that you have reviewed the infonnation on this two page fonn and agree that it
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This office represents Verbena, LLC. Phillip and Patricia Bilden are the members of
Verbena, LLC, which is the owner of 155 Ocean Avenue, Plat 41, Lot 325.
In 2008, with the assistance of some of their neighbors, the Bildens spearheaded the cost
ofthe instillation of buried utility Iin(Js along the Ocean Avenue road shoulder,
replacing the existing overhead lines between Gooseberry Beach and Hazard's Road.
The last remaining strand of overhead utilities lies on Ocean Avenue now between
Gooseberry Beach and Carroll Avenue. Incoordination with the Aquidneck Land Trust
and National Grid, the Bildens now request to remove these overhead utility lines and
bury same in the shoulder of the highway, thereby removing the existing overhead lines.
As the installation of the buried utility lines runs along Ocean Avenue, the necessary
maintenance application to CRMC must be initiated by the City of Newpoit. In2008,
my office prepared the necessary paperwork, plans, and requirements for the submission
of a maintenance application. The Solicitor's Office reviewed same and, with your
approval, Mr. Lavallee signed the application. I have spoken with CRMC staff and
have been directed to file a maintenance application for this proposed work between
Gooseberry Beach and Carroll Avenue.
The purpose of this letter is to request your authority to allow me to prepare the
appropriate approval for review by the Solicitor's Office and signature by Mr. Lavallee
and submit same to CRMC. I understand your staffis aware of this project and
endorses same. All appropriate permits will be secured from City departments when the
reJ;lloval of the overhead lines and installation of the buried lines is sought.
122 TOURO STREET NEWPORTl RHODE ISLAND 0284°-2967 TEL 4°1-847-75°0 FAX 4°1-848-5854 E-MAIL attorney@millerscott.com
Mayor & Council
March 8, 2011
Page 2
Cordially yours,
MILLER SCOTT & HOLBROOK
/
Turner C. Scott
8149/11
via First Class Mail
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Ntjwport Accessibility At/VisoryCommJttee
43 Broadway, City Hall Newport RI
NCWj)Qrt.ei!y COl!J).Qil
43 ~tQadwflY
Newport, RI 02840
DeliI' May6l' and City Council Members;
The Newport Accelis)bility Advisory COmll1ittce would like to repOlt on the activities and
achic,wements in 201O.
1. AC(less. to public meetings.
As- of Octgber28, 2009, persons With disabilitiescatlJ10W attend l!ity OOUllcll meetings
thl'OUgJl al'emotecOlmectlon to the Newport Police Dep!!rtffienf. This is SOmething for
which we have advooated sincethe ·creation of this committee, 'We :Iook forward to the
prospect of having the same access to public meeting,s aud our city goveinment as any
otJrer<iltizen.Tllc remote lfeccsSseel1l'S to be wotkl:ngokay auhis time. Itlsstill a
segte~atl'\dslt\)atiol'i JUfd, .tmlike the geJlel'al public, Wb,hoed to MtiJy the ¢ity 48 l1o\ll'S in
advance Jfwe w!!Ut toatiel).dpublie medings. The city is !July dl)Ugated to pUblioizt)
meetings 48 hours.fn·!!<!Yance, which presents a problem. City offilihdstalk about
creatlng·a!'oom: on the lower level ofetty Hall, blit that doesn't ohange lhe fuot ~that we
ate segl'¢gated !:l'om oiher Citizens, and it adds a patking problem; Howevel', until the city
cOmeS tip with 'a better $01\1t10n, thecllrrent s1tllatlolc will do,
Wasltingtot1Square Pllrking.
Weare litill concei'ned about·a long-term solution 'to parklngjwar tlle CQU1'th0l.\se.
HeQ!!use'ofthe hills involved In the iocation ofthe.. courthollse tamp, a, Spring Street
lQGatJ9u is stIlI what would be best., Beoause this is.an .ai'eMlot beiilg actively wOl'ked
\iPO:n, we remliln'ConcerMdthat earHer assurances Will be foigotten,
3. The ro'le ofthis committee.
We at'e assisting Looking Upwards in the planning ofa Disability Awareness Week this
yeal'. A Bat'!'!e!' AWlll'eness Day based on the model ofthe Pel'sons with Disabilities
Awareness Days we have had in the past will be held on Apri114. alher events will
include a wheelchair bllSketbalJ glime, a COtieert, a compassion film festival and a poetry
reading, While we will be very much involved, this event will include the entire island
rather than .lllst Newport.
Foneveral years, we have requested a procedure for reviewing permit '·¢qllesls. for
outdootseating at'restaurants. We have been drawn into thll COnyerslltiQll in t/Jl}paS( itla
matmet that ,concerned us. We .}Iave, finally, detennined that Newport's ordh:llmce
l'eqt:liri,'ls amll'llll:nHn 72" and theADAl'equires 60", so. the resolution is that, as long as
the City ordittauceis being-met. thete 1s no ADA issue.
Other issues we have delllt with this yeaI' include snow removal aM sidewalk
ohstmctions. We have dlsoraised concemabout bWlinesses that were Ollce accessible and
that lllter removed access. We have also requested a new resolution for this committee to
puttt Qtl a par with other city committees.
7J;;t!:L~
~ette Bourbonniere
Ch!\irperson..
CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. _
WHEREAS, for more than 350 years the City of Newport has taken pride in being a
. community that welcomes, accommodates, and accepts individuals and
families from all walks and conditions oflife; and
WHEREAS, the City of Newport acknowledges the moral imperative associated with
ready acceptance and accommodation of all residents and visitors, not least
of all those with disabilities; and
WHEREAS, the City of Newport recognizes the practical and economic benefits that
grow naturally and inevitably out of such openness; and
WHEREAS, the City of Newport is committed to complying with all local, state, and
national laws that governing providing accommodation for all of its
residents and visitors, including the 1990 Americans with Disabilities Act;
NOW THEREFORE BE IT
RESOLVED: that the Newport City Council formally recognizes the Accessibility
Advisory Committee as a City of Newport chartered body (established by
Council Resolution 2003-143 adopted on August 27, 2003) with the
responsibility of providing advice and guidance in connection with all City-
related matters of accessibility for disabled individuals. The City Council
expresses its appreciation for the past work ofthe Accessibility Advisory
Committee and commits to supporting its future efforts as it works in
concert with the City to make Newport accessible to all of its residents and
visitors.
JUSTIN S. MCLAUGHIN
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NOo _
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
. Communication # 4833/11
Docket Date: April 27, 2011
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Stephen C. Waluk & Mempe~f the City Council
From: Edward F. Lavallee, City ManagW-"~''''''''
Date: April 18, 2011 .
Subject: Award of Bid - Parking Meter Management
Staff Presentation:
Applicant Presentation:
RECOMMENDATION:
Award a contract for parking meter management to Central Parking, from Boston Massachusetts, for installation,
management, and maintenance of the City's parking meter system. The proposal is for three initial years, and two
additional one-year options at $130,000 per year. The price is fixed for the first three years at $125,000 per year, and
fixed in the optional two years at $130,000.
The City solicited proposals to operate and manage City-owned parking meters. A pre-bid conference was held in March
to describe the project and address vendor questions. Five companies were represented at the pre-bid session.
Subsequently, the City received two proposals. The proposals were evaluated and rated on six defmed criteria. The
criteria are: (I) parking meter management experience, (2) flexibility for growth/expansion, (3) cash management
security system, (4) company references, (5) local experience, and (6) cost to the city for the meter management service.
The highest rated proposal was submitted by Central Parking. From the rating process, Central was designated as the
preferred contractor. City reps then met with Central Parking System's general manager and negotiated a further reduced
contract price, to $125,000 per year for the first three years, and $130,000 for the subsequent two option year. There is
no CPI adjustment or other incremental cost increase. .
FISCAL IMPACT
l Currently Budgeted (Account 07-800-5200-50225) _ Requires additional appropriation _ No Fiscal Impact
SUPPORTING DOCUMENTS
Resolution
Proposal Evaluation
Corporate Information
RESOLUTION
OF THE
COUNCIL
No ..
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
parking Meter RFP
Review of proposalS
04·11·2011
Composite Score
CRITERIA .. _% ----
----------
__LAZ __ Score
---- - - - - - - -
c:E~TRA~ Score J
Cost 50% 10 50 9 I 45
- 1-
-
Cash Process/Security
----_..._-~
15% .. - I - - - - f - - · ...10 ---- ---------------
---
15 10
----------
15
----- . - ----- . ... -------------------- ----------
References 5%
- - - - - - - - - - - - - - -----
10 5 10 5
TOTAL 100% 52 90 S7 94
~DE.tiL$TR"CTURE .. PROFORMA
] Page 36
Meter Mechanism Cost per Space Including Shipping and CPS Installation: $480**
Ongoing Fees:
$3.75 Secure Gateway fee / Cellular Fee - PER MONTH PER METER
Optional Warranty after year one: $25 PER METER PER YEAR
Central Parking will partner with the CitY of Newport /n financing or revenue sharing to pur-
chase the new meter technology on bahalf of the City of Newport to allow for no Initial CSpltal
Investment by the City of Newport.
~
~
Bid # 11-061
List the Officers of your Corporation or Principals of your LLC. Award can not be done
without the attachment.
Name Title/Officer/Position
Communication # 4834/11
Docket Date: April 27, 2011
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Stephen C. Waluk & Mem~erisJ'Ilf tile City Council
From: Edward F. LavaIlee, City Manage/:W-
Date: April 15, 2011 J
RECOMMENDATION:
The Department of Utilities Water Division recommends the award of the construction contract for the South Easton
Pond Dam Repairs and Improvements # 11-047 to R.P.Iannuccillo & Sons Construction Co., Providence, R1 for the sum
of $4,509,859.00. Funding for the project is part of the $6.65 million borrowing with the R1 Clean Water Finance
Agency.
The City solicited bids from contractors with dam experience for the South Easton Pond Dam Repairs and Improvements
Project and six (6) bids were received on March 25,2011. Results of the bids are as follows:
The base bid totaled above includes the use of articulated concrete blocks for the slope and channel protection. The
Alternate bid is based upon the use of Stone RipRap for the slope (Bid Alternate No. I) and channel protection (Bid
Alternate No.2).
The recommendation for award includes Bid Alternate No.3, Old Beach Rd Pedestrian Bridge at $52,000.00 and Bid
Alternate No.4, West Embankment turbidity curtain at $33,000.00. Bid Alternate No.4 will provide an additional level
of protection to the water in the reservoir in order to maintain water quality for the Station I Water Treatment Plant
FISCAL IMPACT
l Currently Budgeted (Account 15-500-2212-50440 Activity 151211) _ Requires additional appropriation
_ No Fiscal Impact
SUPPORTING DOCUMENTS
Resolution
Bid Tabulation
Engineer's Review - Fuss & O'Neill Letter
Corporate Information
RESOLUTION
OF THE
COUNCIL
No .
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
FUSS & O'NEILL
Disciplines to Deliver
Fuss & O'Neill has completed its evaluation of the bids received for the South Easton
Pond Dam Repairs and Improvements project. The lowest received bid was tendered by
R.P. Iannuccillo & Soils Construction Co. (Iannuccillo) of Providence, Rhode Island by the
required time of 2:00 PM on March 25, 2011. Five (5) other bid proposals were received
by the required time. The purpose of this letter is to summarize our evaluation of the bids
and to pr?vide the City with a recommendation for award.
Bid Eyaluation
The following table lists both the Total Base Bid Price for each of the bids submitted and
the comparative total bid price for the alternate to construct bare riprap on moat channel
and embanlanent slope areas in lieu of vegetated articulating concrete block protection.
Two additional independent alternate bid prices were submitted by each bidder· (for
317 Iron Horse Way construction of a timber pedestrian bridge at Old Beach Road and for supplemental
Suite 204
turbidity curtain to protect reservoir water quality) and are included in the totals below.
Providence, RI 02908
1(401) 861·3070 A complete bid tabulation summary table showing all submitted bid prices is provided as
(800) 286·2469
AttachmentA. A discrepancy for Iannuccillo's bid, where Bid Item No.7 was improperly
f(401) 861·3076
carried over from the Unit Price and Opinion of Quantity columns reflecting a total of
www.FandO.com $4,200 instead of the assumed correct total of $6,700, was reviewed with the person from
this company who signed the form, and a correction was confirmed. Another
C01J1lrctictlt
transcription discrepancy was noted for Alternate Bid Item No.4 on CRC Co., Inc.'s
(CRC) bid form, where this unit bid price was written as $22,000 per linear foot instead of
Nrw York $22 per linear foot; the extended unit bid price was correct, and this error was resolved
Rhodr /sland with the signatory from that company. Because the extended unit bid price was written
Som/) Guolinn correctly, this discrepancy did not affect CRe's total bid price.
In reviewing the bids, it is noted that the total alternate bid prices for bare riprap slope and
channel protection (in lieu of vegetated articulatiog concrete block protection) average
approximately $960,000 higher than the base bid for four of the five bidders, with the
exception of RC&D, Inc. RC&D submitted a price approximately $306,000 lower that its
base bid price. This apparent extreme outlier bid was brought to RC&D's attention, who
replied that no correction was required.
The RC&D bid price using the alternate of riprap remains approximately $131,000 above
the Iannuccillo's low bid submittal for vegetated articulatiog block protection. However, if
the City wishes to consider this bid further, it is strongly recornmended that a detailed
meetiog be conducted with RC&D to review the composition of their bid to ensure all
requirements are met, with writ\en certification to be provided that this bid price is in fact
correct.
All required documents were included in Iannuccillo's bid package including the Bid Bond,
Resolution of the Council No. 128 - 73, Buy American Certification, Non-Discrimination
in Employment, Certification of Non-Segregated Facilities, DBE Subcontractor
Performance, and DBE Subcontractor Utilization forms.
Fuss & O'Neill conducted telephone interviews with several individuals identified as
references on the Questionnaire form submitted by Iannuccillo; some were used for more
than one project. The references contacted provided primarily positive responses as to the
quality and workmanship of Iannuccillo's past projects, though a few cautionary notes were
conveyed regarding their efficiency and ability to successfully undertake larger, complex
projects such as this project.
Fuss & O'Neill met briefly with Iannuccillo in Fuss & O'Neill's offices on March 29,
2011and again with you and Newport Water Division staff on April 8, 2011 to further
discuss the contractor's qualifications and their understanding of the challenges of a
complex project of this magnitude. An agenda for the second meeting with Iannuccillo is
proVided as Attachment B.
Iannuccillo represented that they will be using the services of a qualified engineeting firm
experience in dam safety and construction issues (RT Engineering, East Providence) to
assist them in complying with the contractual requirements to successfully develop and
implement a water control plan. Specifically this plan will need to protect the existing and
proposed dam throughout the project, develop approaches to install cofferdams and
dewater foundation soils, and conduct earthwork operations while managing surface water
in the reservoir and in the adjacent moat channel during precipitation events. Based upon
the discussions held at these meetings with Iannucdllo and this engineer, it appears that
this construction project team understands the critical issues regarding this project and has
the capability to successfully complete the work.
Recommendation
Based on our review of the qualifications, submitted costs, information from contacted
references and above referenced meetings, our recotntnendation is to award this bid to R.P
Iannuccillo & Sons Construction Co.
Sincerely,
hi--
~~~', P.E., CFM
Attachments
• Construction Sequence
• Project Phasing
• Site Restoration
Temporary Stabilization
Permanent Stabilization
• Other
[ Request a CerllflcBte ]
The exact name of the Domestic Profit Corporation: Iannuccillo Lea~ing ComWill)'
The total number of shares and par value, If any, of each class of stock which the business entity Is
authorized to issue:
http://ucc.state.rLus/CorpSearch/CorpSearchSummaly.asp?ReadFromDB=True&UpdateAIl.., 4/1/2011
Communication # 4835/11
Docket Date: April 27, 2011
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Stepheu C. Waluk & Mem~ of the City Council
From: Edward F. Lavallee, City Manag2:1i~,.,_,
Date: April 15, 2011 ;,r .
Subject: Phase 3 to Contract # 09-009- Engineering Services for Easton Pond
Embankment Repairs and Modification Project
Staff Presentation: Julia A. Forgue, Director of Utilities
RECOMMENDATION:
The Department of Utilities recommends the award of the Phase 3 services to Contract # 09-009 for Engineering
Services for the Easton Pond Embankment Repairs and Modification Project to Fuss & O'Neill, Inc, Providence,RI, for
the not to exceed fee of $484,124.00. The Phase 3 award is for Resident Engineer and Construction Administration
Services for construction project # 11-047, South Easton Pond Dam Repairs arid Improvements. Funding for the project
is part ofthe $6,65 million borrowing with the RI Clean Water Finance Agency.
The Phase 3 services to the contract will provide for construction administration and resident engineering inspection
services by Fuss & O'Neill. The services shall include, conducting a pre-construction conference, conduct a public
informational meeting prior to start of the construction, review of shop drawings and submittals, survey for construction
easement, preparation of supplementary drawings as required for clarification of field problems, conducting project
meetings, performing full-time resident engineering services, preparation of monthly requisitions for payment, and
providing Project Updates for the website.
A construction contract in the amount of $4,509,859,00 has been proposed to be awarded to RP.Iarmuccillo & Sons
Construction Co. via separate Council Action Form,
Phase 3 of the contract also includes extending the current term of the Contract and Agreement from July 3 I, 20 II to
December 31, 2012.
FISCAL IMPACT
..1l. Currently Budgeted (Account 15-500-2212-50440) _Requires additional appropriation _ No Fiscal Impact
SUPPORTING DOCUMENTS
Resolution
Draft Phase 3 Contract Modification
Finance Dept Review: Date By: - - - - (if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..
IN COUNCIL
Kathleen M. Silvia
City Clerk
o FUSS&O'NEILL
MODIFICATION NO.2
FOR PHASE 3 SERVICES
TO THE AGREEMENT
BE1WEEN
CITY OF NEWPORT
AND
FUSS & O'NEILL, INC.
FOR
PROFESSIONAL SERVICES
CONTRACT #09-009
In consideration of the mutual promises herein contained, the parties hereto agree to amend
their Agreement dated February 9, 2009 as follows:
PROJECT UNDERSTANDING
Proposed repairs and improvements to the South Easton Pond Dam's North and West
Embankments have been developed and permitted under approvals from the Rhode Island
Departtnent of Environmental Management (RIDEM) Office of Water Resources, RIDEM
Office of Dam Safety, the Rhode Island Coastal Resources Management Council (CRM.C) and
the Attny Corps of Engineers. These designs reflect input from the City of Newport and
abutters received in City Council Workshops conducted on January 21 and July 20, 2010, and
consist of embankment repairs and improvements including slope protection using vegetated
articulating concrete block (with bare riprap armoring as an alternate), a stone dust walkway
along the embankment crest, and one (and possibly two) pedesttian bridges over the moat
channel.
A public bidding process was conducted in March 2010 to obtain prices from qualified
contractors to construct the proposed repairs and improvements, and the City is current
preparing to accept a bid for the project. It is understood that the City wishes to initiate
consttuction as soon as possible this consttuction season, such that a significant amount of
work can be completed prior to the end of the fall 2011 planting season and complete
remaining work in 2012 after a planned winter shutdown period.
The Contract Times allows for the contractor to complete work for this project in 390 calendar
days, excluding an anticipated 90-day winter shutdown period that is expected to begin around
January 1, 2012, depending on the actual timing and severity of winter weather conditions and
work activities occurring at that time. Assuming the Contract Times were to commence on
May 30, 2011, and the full 90-day winter shutdown period were to be in effect, the date of
Substantial Completion would be September 21, 2012 under this contract period, and the date
for Final Completion would be October 21, 2012. The budgets for our services have been
established to provide construction oversight and administration assistance through this period
for the work proposed under the March 2011 Project Manual, as revised under subsequent
addenda. Should the Contractor continue work through all or a portion of the winter shutdown
period due to mild weather, construction oversight and administration services, including
resident representative services, will be provided on an as-requested basis for the City.
SCOPE OF SERVICES
Fuss & O'Neill proposes the following scope of services to further assist the City through
construction for repairs and improvements to the South Easton Pond.
Engineer shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by Contractor(s) or the safety precautions and
programs incident to the work of Contractor(s), but shall not knowingly allow any
unsafe methods without notifying the Contractor of same.
Engineer shall not be responsible for the acts or omissions of any Contractor, or
subcontractor, or any of the Contractor(s) or subcontractors' agents or employees or
any other persons (except Engineer's own employees and agents) at the site or
. otherwise performing any of the Contractor(s)' work; however, nothing contained
herein shall be construed to release Engineer from liability for failure to perform
properly duties undertaken by Engineer in the Contract Documents. Engineer will take
all reasonable steps to insure that Contractor(s), subcontractor(s) and their agents shall
fully comply with the Contract Documents.
Prepare field orders or change orders addressing minor changes in the contract
requirements, where required. This work is limited to a reasonable effort for minor
construction issues and does not include additional effort that may be needed to resolve
siguificant issues or disputes with the Contractor.
A total of 13 applications for payment are assumed over the 390-day construction
period, excluding the 90-day winter shutdown period.
Modification 2 / Task 8 - Project Management: This task will include the following
activities to manage project activities within the provided schedule and budget, ensure
quality control and communicate progress and open issues with the City on a regular
basis.
Prepare and implement a Project Management Plan containing controls and
procedures for both internal and external project activities. This will address the
following items:
Work requiring technical oversight beyond this period or resulting from Contractor's
lack of progress with this schedule is not included in this Modification. This does not
include any work on Saturdays or other periods of overtime work requiring technical
oversight. Work requiring resident representation outside of the periods and time
budget proposed above will be billed on a time and materials basis under Task10.
Modification 2 I Task 10 - 90-Day Winter Shutdown Period Oversight: In the event that
the Contractor elects to proceed with one or more construction activities through a
portion or all of the winter shutdown period due to mild! favorable weather conditions
for the work being conducted, construction oversight services as outlined in Tasks 1-4,
8 and 9 above will be provided in support of the construction work being completed.
Resident-representative services are assumed to be provided three (3) days per week
through this period.
will be surveyed. Such boundaries will be marked by driven iron rods. An access
easement layout plan showing the locations and easement boundaries will be provided
to the City for its records.
TERM OF AGREEMENT
"Unless terminated earlier in accordance with the terms of this Agreement, this Agreement shall
terminate on December 31, 2012. Throughout such time, all fees and work specifications as
identified herein shall remain in effect."
FEES
Fuss & O'Neill proposes to provide the engineering services as outlined below. A table
showing a man-hour and subconsultant breakdown of these tasks is attached to this proposal.
By: _ By:. _
Date: _ Date: _
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Communication # 4836/11
Docket Date: April 27, 2011
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Stephen C. Walnk & Mem~. s f the Cjty Council
From: Edward F. Lavallee, City Manag 'i C . - / '
RECOMMENDATION:
The Council's consideration of the attached petitions is requested. Staff has reviewed the petitions and recommends
approval of the petitions.
The petition for new pole on Carroll Avenue is due to the privately-funded underground utility project being undertaken
by National Grid on Ocean Avenue in the area of Gooseberry Beach and Carroll Avenue. Staff has reviewed the petition
and identified a concern about existing pole #43 and National Grid revised the original petition to reflect replacement of
Pole 43 in the same location. Staff has reviewed the revised petition and recommends approval.
The petition for a new pole on Gooseberry Road is due to a homeowner's relocation a driveway. Staff has reviewed the
petition and recommends approval.
The petition for two new poles off of Evarts Street is due to construction of a new single family home. National Grid
has advised that two poles are required due to the location of the home and that undergrounding of the utility was not
possible at this location. Staff has reviewed the petition and recommends approval.
Note: An additional petition for the relocation of an existing pole on Eustis Avenue as referenced in the staff
memoranda will be submitted for consideration at a future meeting.
FISCAL IMPACT
_ Currently Budgeted (Account -') _ Requires additional appropriation l No Fiscal Impact
SUPPORTING DOCUMENTS
Petition from National Grid
Communication from Planning, Zoning, Development & Inspection Department
Communication from Public Services Department
Communication from Utilities Department
OF ~NEWPORT_=::_:_::_:__::__==_==_-----~RHODE ISLAND
THE NATIONAL GRID
Respectfully asks permission to locate and maintain poles, wires and fixtures, including the necessary
sustain aud protecting fixtures to be owned and used in common by you petitioner along and across the
following public ways:
Wherefore your petitioners pray that they be granted joint of identical location for existing poles and
permission to erect and maintain poles and wires together with such sustaining and protecting fixtures as
the may find necessary, said poles erected or to erected substantially in accordance with the plan filed
herewith marked: 207093
Your petitioner agrees to reserve or provide space for one cross arm at a suitable point on each of said poles
for the fire, police, telephone signal wires belonging to the municipality and used by it exclusively for
municipal purposes.
BY: ~ 0£W/1j4_ ~
7 Adam Silveira, Engineering
THEVERIZON
The foregoing petition been read, it was voted that the consent at the
For the use of public ways named for the purposes stated in said petition be and it hereby is granted------
work to be done subject to the supervision of
CLERK
1'\1 I . ~
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NOTE:
ALL OVERHEAD UtiLITIES TO BE
REMOVEDFROM,NEW 1'44 DOWN TO
GOOSEBERRY BEACH (1'20,1'21,,1'22
~~~'fJ~:~5E:~~l6)' P2!l. ANDR2~
SYMBOL KEY
Respectfully asks pennission to locate and maintain poles, wires and fixtures, including the necessary
sustain and protecting fixtures to be owned and used in common by you petitioner along and across the
following public ways:
Wherefore your petitioners pray that they be granted joint of identical location for existing poles and
pennission to erect and maintain poles and wires together with such sustaining and protecting fixtures as
the may find necessary, said poles erected or to erected substantially in accordance with the plan filed
herewith marked: 2070295
DATED 3/14/2011
Your petitioner agrees to reserve or provide space for one cross arm at a suitable point on each of said poles
for the fire, police, telephone signal wires belonging to the municipality and used by it exclusively for
municipal purposes.
BY: 0~f4e~,JE~g~~P-r----
ORDE:~~~<:::=---
The foregoing petition been read, it was voted that the consent at the
For the use of public ways named for the purposes stated in said petition be and it hereby is granted------
work to be done subject to the supervision of
CLERK
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THE NARRAGANSETT ELECTRIC COMPANY AND VERIZON
TO THE: ---"C....'....
T....;'/=--_ _ OF: tJE:vJ Po R T
SYMBOL KEY
o Existing Pole Location
• Proposed New Pole Location
@ Existing Pole To Be Abandoned
</: Proposed Anchor
nationatgrid
PETITON OF THE NATIONAL GRID FOR
JOINT OR IDENTICAL POLE LOCATION
Respectfully asks permissiOil to locate and maintain poles, wires and fixtures, including the necessary
sustain and protecting fixtures to be owned and used in common by you petitioner along and across the
following public ways:
Wherefore your petitioners pray that they be granted joint of identical location for existing poles and
permission to erect and maintain poles and wires together witll such sustaining and protecting fixtures as
the may find necessary, said poles erected or to erected substantially in accordance with the plan filed
herewitll marked: 207064
DATED 10/27/2010
Your petitioner agrees to reserve or provide space for one cross arm at a suitable point on each of said poles
for the fire, police, telephone signal wires belonging to the municipality and used by it exclusively for
municipal purposes.
BY:_ ~
William Hunt, Engineering
THEVERIZON
BY
ORDER - - - - - - - - - - - - - -
The foregoing petition" been read, it was voted that the consent at the
For the use of public ways named for the purposes stated in said petition be and it hereby is granted------
work to be done subject to the supervision of
CLERK
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Required for new service to house #136
WR#9413469
Plan Number:
e Existing Telephone Co. Pole Locations 9413469
MEMORANDUM
DATE: Apri14,2011
RE: National Grid Applications - Ocean Ave, Gooseberry Rd, Eustis Ave, and Evarts St
Ocean Avenue: This petition involves phase 2 of a privately funded project to place the existing
aerial utility facilities underground along the Ocean Avenue corridor. The project includes
removing 9 utility poles from the area of Gooseberry Beach to Carroll Avenue. The Department
of Public Services (DPS) has reviewed the subject application and recommends approval.
Gooseberry Road: This petition involves relocating an existing utility pole in order to
accommodate the construction of a single family residence. The pole is to be moved
approximately 18 feet east of its existing location in order to accommodate access to off street
parking via construction of a two car garage. The DPS has reviewed the proposed location and
recommends approval.
Eustis Avenue: This petition involves relocating an existing utility pole in order to accommodate
the access to a garage being constructed as part of a construction of a single family residence.
The pole is to be moved approximately 8 feet north of its existing location. The DPS has
reviewed the proposed location and recommends approval.
Evarts Street: This petition involves installing two new poles along an unnamed right of way off
Evarts Street that is located East of Longwood Place in order to provide service to a new home
being constructed. The DPS has reviewed the proposal and recommends approval. NGRID has
indicated that underground service to this property is not practical for this application.
If you have any questions, please do not hesitate to contact me at your convenience.
xc: File.
CITY OF NEWPORT
MEMORANDUM
Carroll Avenue - New Pole # P44 and removal of other poles. Several existing poles
will be removed as a result of this project. National Grid advises that new pole # P44 is
required for anchoring purposes. It is assumed that the existing pole # P43 will be
vertically realigned as a part of this project (it presently leans to one side). We have no
issues with the new pole and the removal of the other poles.
Eustis Avenue - Relocate Pole # P31. A new driveway is causing a need to relocate an
existing pole. We have no issues with the relocation of the pole.
Gooseberry Road - Relocate Pole # 2-S. A new driveway is causing a need to relocate
an existing pole. We have no issues with the relocation of the pole.
Evarts Street - New Poles # 14-1 & # 14-3. This is an existing property lot of record
and was not created as part of a new subdivision. A new single-family structure is being
constructed. We have no issues with the two new poles.
CITY OF NEWPORT. RHODE ISLAND
DEPARTMENT OF UTaITffiS
__ ~ ~ .zt _
MEMORANDUM
DATE: 4/1/11
The installation and relocation of electric service poles as requested by National Grid, has been
reviewed with respect to water, sanitary sewer and storm drains.
The installation ofa new pole on Carroll Avenue at the intersection of Ocean Avenue, the
relocation ofthe pole on Gooseberry Road, and the relocation of the pole on Eustis Avenue will
not interfere with any existing sanitaI)' sewers, storm drains or water mains and services. The
proposed project is acceptable to the Utilities Department.
/'
"
MEMORANDUM fiECEIVED~
. .
APR 0 I 2011
TO: Julia Forgue, Director of Utilities CIty Manager's Office '
The installation ofthe electric service poles as requested by National Grid, has been reviewed
with respect to water, sanitary sewer and stonn drains.
The installation of new poles at 136 Evarts Street will not interfere with any existing sanitaJoy
sewers, stonn drains or water mains and services. The proposed project is acceptable to the
Utilities Department.
I-(-J 7-/1
Page I of I () 1"':{j f) ~
CITY OP NEWPORT, RHODE ISLAND . rIll ')./5/v I
DAILY LIQUOR LICENSE APPLICA'U~N I tlet ~." ,/ ;''ii /
" ~" 'i Date : q ~ l£, ~ li-
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:
SpecifY Class (P, P-I, or P-2 which?) [[] CLASS Liquor Lic~rise
(Class F is Beer & Wine; Class F-l is Full Privile e; Class F-2 is Auction
DESIGNATION OF APPLICANT (which?): R
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R.I. Non-Business Corp. OR Religious Org. OR Political Org. R Caterer?
STATEMENT OF PURPOSE: l±Dlj6-hoST -!fast 0+ ,Je2US ,SQlJIG1JV CbLlVJ')
STATEMENT OF DISTRIBUTION OF PROFITS (if requested without fee) _
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Location ofEvent:1 CJnu\ih 'POlI'l..-IL.L-\0et LD-t I
Organization/Corporate Namej . J eguS Sa\J \ CfL.!.( 0.0 u,vth I
D/B/ANAME: I ,--
BUSINESS ADDRESS: I \ \[ev'(1{Yl A-V~0\fLQ... Ne\t{)j2~~~.~--;::===============I
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BUSINESS PHONE: I\.../()\-co-n.. \)0) I ALTERNATE PHONE: I
NOTE: Alcoholic Beverages Must Be Purchased from a Rhode Island Wholesaler Licensee, except
Caterers, who must purchase alcoholic beverages from a Rhode Island Class A Package Store.
APPLICANT: d-~ /q~
SIGNA TtrUt:/,
tL f(,f)Z[I)C(\A,obu~lu\ / Pastbvj1VO,)1JVU
PRINT APPLICANT NA'ME/TlTLE
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NOTE: Alcoholic Beverages Must Be Purchased from a Rhode Island Wholesaler Licensee,
except Caterers, who must purchase alcoholic beverages from a Rhode Island Class A
Package Store. II
APPLICANT: JJ kJ
SIGNATURE
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PRINT APPLICANTNAME/TITLE
TOTAL LICENSE FEE (for # of '?>5 Days) IS $_10>' DATE PAID _~-,,-)-,,~~@n,,-,,!1 _
DATE ISSUED ISSUED BY _ _
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CITY OF NEWPORT, RHODE ISLAND
(Class F is Beer & Wine; Class F-I is Full Privilege; Class F-2 is Auction) "
DESIGNATION OF APPLICANT(indicate which): f\JC!Vc.r'\;;t;,~'· 6rc~.
R.t Non-Business Corp. or R~. or Politi:al Org. or ca~er? ~ ""
STATEMENT OF PURPOSE: ~<2.S:'\fC0h~ y" ,.-'. dUvu2.. ?'C/~
STATEMENT OF DISTRIBUTION OF PROFITS (if requested without fee) _"1:f.;~;::::;::;:;:=-r- __ lho.d
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Date(s) of Event: _-f?\y:::c:..-L_-a~b--_ _-.:J'--i;:2..ld----=_~~(~;):.....:0:::"4-/...L__--,-
Time(s): (specify a.m. or p.m.) {7cul. t4 iiI
Event Name/Type
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APPLICANT: ---t:
SIGNATURE
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YIAUSMAIL
ATTN: LIGEN,SING AUTHORITY
On'bahaif ofsubject maller" we are respacffuliy sUblnilling,lhis NQltce 01 Ch'Mge 01 Officer, Although Ihare has been no change In
ownership (or licensee change), we would like 10 take Ihis opportunity to make you aware of cerlain changes affaolive immedialely,
oa\lidW- HeadIS(iUrMwCEOlPiesideot; please remove Je#reyO, Warna andlor Phillip HiokayasanofficerldireclorAnaddilion, please
remova Lawrence E. Byallestreasurerldireolor duMOhis receni resignanon, '
Please see the allached doo~menls and assoclale wilh this filing,
1. O~r Rest.~ranl L1,tforyoiidurisdjotion
2, List of corporale'officers
a. Q:QhlirIW'll, InS (PArent QOOOB~~Y) Ill, allubllP!Y'traded corporation listed on NASDAQ as
$YOObgl CHYle No Inlllvmual/o!M~ oW§ mora/han ~% ofstock of cQYflCiratign,
3, Mlnules aOJJIQr a'N~ws RelelSe !howlpg'the resig~atioo and/or appolnlrM"t
4, 2010 Annual Ragort
NaiM . Slart Dale
Jeffre~ Warne i/12/09
Jeffrey Warne ~112109
P.hilHtckey 619/)0
Phli Hickey 619110
David He,ad gIl 11 0
David Head 911/10
Lawrence E, Hyall 11111104 , 12/26/10
NOTe, IF.FINGERPRINTING IS REQUIRED PLEASE SEND THE FINGERPRINT CARDS DUE TO OUR OFFICERS BEING OUT OF
STATE RESlbENTS.
Ownership ChaIn: O'Charley's, Inc. (PARENT COMPANY) Is a pUblicly traded corporation listed on NASDAQa$ symbol CHUX. No
indivldual!officer OWl1$ mole then 3% of stock the,corporatlon.
Pleas. apply this to all of oU,r restMrant(s) In your )urls,d.ic!!6n~,PI.a, •• ,.s\l~fult all correspondance andlor permits to the corporate
eddlm as: ~3036 Sideo Drive, A«n: License Compliance, Nashville, TN 37204.
B,leM, we anliqlpate thai the encl(}§ed dQcum!ffil.aliM will $all,sfy Your rep,OItJng ,equlreir)enls, However, If there arMdditional requirements
or licensing Issues, please Ihe undersigned,
s<pinCereIY,. ~'
' '~.
. . .- . .
:"':." ,- "',',. -
Nfll<lte M.dhews
Corporale ParalO!fal
O'Charley'sIS,\OMy RiVer/9g Reslauran!
P (~15) 78;1-8821
F(615) 782-5932
IICMslng@o,cbarlays,com
EnClosure(s)
SIGNATURE DATE _
WITNESS
W' ness from City Clerk's Office or Notary Public
Date Commission Expires if Notary Public: _
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