citycouncil-08-10-11

CITY OF NEWPORT

DOCKET OF THE COUNCIL

The following items of business, filed with the City Clerk under the Rules oftheCouncil, will come before the Council at its regular meeting to be held onAugust 10, 2011, at 6:30 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG

CITIZEN'S FORUM: (Speakers must sign in with the City Clerk). The Citizen'sForum period shall be no longer than fifteen minutes and citizens may address theCouncil on one subject only and for no longer than three minutes. Issues to bediscussed shall not include matters to be considered or discussed as part ofthe regularcouncil agenda and must be related to substantive city business. No commentsregarding personnel or job performance are allowed.

1. *PUBLIC HEARING: Proposed Amendments to the Zoning Ordinance:Section 17.08.010 (Definition of "Convalescent Homes and Rest Homes") andSection l7.l00.040(E.) (Expansion of convalescent homes and rest homes thatexisted prior to April 13, 1977).

*TO BE CONTINUED TO THE AUGUST 24, 2011, COUNCIL MEETING

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

a. Minutes of the June 8, June 22, and July 13,2011, Council Meetings(Approve)

It is the practice of the Council to meet at 6;20 p.rn. in the second-floor Conference Room to discuss docket items. Thepublic is invited to attend. The docket, aiong with all supporting documents, can be viewed on the City ofNewportwebsite; www.cityofnewpOlt.com- ..CurrentNewport City News & Announcements" - Click on "MORE NEWS."Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. A DVD oftheConncil Meeting will be available at the Newport Public Library within 48 hours ofthe meeting.

LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT THENEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPONNOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCEOF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUSTNOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.

DOCKET OF THE COUNCILAugust 10,2011

b. Special Event Licenses:

1) Newport Art Museum, d/b/a "Wet Paint": Newport Art Museum, 76Bellevue Ave., August 20,2011, froh15:30 p.m. to 8:00 p.m., andAugust 21,2011, from 11:30 a.m. to 5:00 p.m.

2) Newport Art Museum, d/b/a "4th Friday"; Newport Art Museum, 76Bellevue Ave., August 26, September 23, and October 28, 2011,from 6:00 p.m. to 9:00 p.m.

3) Newport Restoration Foundation, d/b/a "Doris Duke HistoricPreservation Awards"; Rough Point, 680 Bellevue Ave., September9,2011, from 6:00 p.m. to 8:30 p.m.

4) International Tennis Hall of Fame, d/b/a "AI Jardine in Concert" ;Internat'l Hall of Fame, 194 Bellevue Ave., September 18,2011,from 5:30 p.m. to 7:00 p.m.

5) Ellen M. Kelly, d/b/a "Brigid E. Kelly 3.5 WalklRun"; October 8,2011, from 9:00 a.m. to 1:00 p.m. , beginning and ending atGooseberry Beach (route attached to application)

6) Salve Regina University, d/b/a "35th Annual Governor's Ball";SRU, 100 Ochre Pont Ave, December 3,2011, from 9:00 p.m. to1:00 a.m.

7) Fort Adams Trust, d/b/a "Festival of Lights"; Fort Adams StatePark, December 10 (rain date, Dec. 11),2011, from 8:00 a.m. to8:00 p.m.

c. Annual Catering License, Ben's Chili Dogs, LLC, 158 Broadway

d. Daily Entertainment Licenses, Ancient Order of Hibernians, 2 WellingtonAve., September 16 and 17,2011, from 6:00 p.m. to 12 Midnight.

e. Holiday Selling License, New, Denise Cole and Donnell Cole, d/b/aEssence Beauty Salon, 51-53 Marlborough St.

f. Holiday Selling License, Renewal, The Linen Shop, LLC, d/b/a The LinenShop, 196 Bellevue Ave.

DOCKET OF THE COUNCILAugust 10, 2011

g. Pedicab Operator License:1) Scott Paul Clark, 69 Henarick St., Providence, RI2) Richard J. Conte, Jr., 70 Carroll Ave., Newport, RI3) James Forrey, 28 Jennifer Place, Glen Rock, NJ4) Adam Gallagher, 9 Laura Circle, Cranston, RI5) Mark Marine, 67 Vernon St., Providence, RI6) Taylor Sullivan, 177 Forest Rd., Allendale, NJ

h. Communication from Marilynne Manning asking permission to closeWhitwell Ave., from Bliss Rd. to Robinson St. for a neighborhood blockparty on August 20 (rain date, Aug. 21), 2011, from 4:00 p.m. to 10.00p.m. (Approve subject to detail being worked out with cityadministration.)

1. Communication from Larry Sheehan, President, Morgan % Group, askingpermission to use the east parking lot of Easton's Beach on September 23,2011, from 9:30 a.m. to 4:00 p.m. for the Annual Autocross. (Approvesubject to details being worked out with the city administration.)

J. Communication from Jim Horiagon, Rhody Rickshaw providing notice ofrelinquishment of his two pedicab licenses. (Receive)

k. CRMC Public Notice, re: File No. 2011-07-018, Application ofPeterBrown for an Assent to construct and maintain a three-acre aquaculturefarm northeast of Coggeshall Point, Portsmouth. (Receive)

1. Claims: (Receive and refer to City Solicitor)I) Kevin and Lisa Carlos2) Stephanie Knightly3) Michael D. O'Hare, by attorney4) Cedar Poirier5) Janice L. Violante

LICENSES & PERMITS

3. Application of Pirate Pedicab, LLC, d/b/a Pirate Pedicab, to expand its PedicabBusiness License to add two additional pedicabs (relinquished by RhodyRickshaw Pedicab Co.)

DOCKET OF THE COUNCILAugust 10, 2011

COMMUNICATIONS & PETITIONS

4. Communication from George Brian Sullivan, Ph.D., re: The Ad HocNewport/Amor Vincet Omnia City Flag Committee.

5. APPOINTMENT TO BOARDS AND COMMISSIONS

Energy & Environment Commission - Reappointment ofBeth Milham

RESOLUTIONS

6. Requesting Notice Be Provided to the Towns of Middletown and Portsmouth ofCity ofNewport Council-approved Special Events - C. Duncan, S. Waluk, K.Leonard

7. In Support ofNewport County Joint Workshop to Discuss Regionalization andMatters Related Thereto - S. Waluk

ORDINANCES

8. Amending Section 3.16.060 of the Codified Ordinances, entitled, "Pay Schedulefor ...Fire Division." (First Reading)

9. Amending Section 5.12.060 of the Codified Ordinance, entitled, "Regulations ofthe Board ofLicense Commissioners," Paragraph J, by replacing Table I,"Sound Levels by Receiving Land Use." (Second Reading)

10. Amending Chapter 5.97 of the Codified Ordinances, entitled, "Pedicabs":Section 5.97.120, "Pedicab Decal"; Section 5.97.110, "Fare Schedule"; andSection 5.97.220, "Regulations for Pedicab Operations." (Second Reading)

11. Amending Section 8.12.080 of the Codified Ordinances, entitled, "MaximumPermissible Sound Levels by Receiving Land Use," by replacing Table I.(Second Reading)• Memorandum from the City Manager, re: Noise Ordinance Amendments

12. Amending Section 10.20.110 ofthe Codified Ordinances, entitled, "OperationalRegulations and Restrictions for Valet Parking Service." (Second Reading)

DOCKET OF THE COUNCILAugust 10, 2011PageS

13. Amending Section 10.20.170 of the Codified Ordinances, entitled, "Towing byPolice Division." (Second Reading)

COMMUNICATIONS FROM THE CITY MANAGER

14. Memorandum from the City Manager, re: Request for Removal of Street LightPole - 205 Ocean Avenue.

15. Communication #4877/11, re: Award of Contract for Broadway StreetscapeFinal Design Phase (with accompanying resolution; continued from July 27,2011)--- Memorandum from the City Manager, Broadway Streetscape Final

Engineering

16. Communication #4885/11, re: National Grid Petition for Pole Location at 365Thames Street.

17. Communication #4886/11, re: US Environmental Protection Agency GrantAffirmation ofAward for Easton Pond Ultraviolet (UV) Stormwater TreatmentProject (with accompanying resolution)

18. Communication #4887/11, re: Bid Award for Water Division Meter ReadLaptop Computer (with accompanying resolution)

19. Communication #4888/11, re: Bid Award for Road Materials (withaccompanying resolution)

20. Communication #4889/11, re: Agreement with Newport Yachting Center - UseofEaston's Beach Parking Lot for International Boat Show Parking (withaccompanying resolution)

21. Communication #4890/11, re: Agreement with The Preservation Society ofNewport County - Use ofEaston's Beach Parking Lot for Annual Society'sFood & Wine Festival Parking (with accompanying resolution)

22. Communication #4891/11, re: Ordinance Amendment - 20 mph Speed Limiton Thames Street, between Poplar St. and Marlborough St. (with accompanyingordinance)

DOCKET OF THE COUNCILAugust 10,2011

ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSECOMMISSIONERS

BOARD OF LICENSE COMMISSIONERS

CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESSTHE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TOCOMPLIANCE WITH ORDINANCES #3 I-80 AND #98-40.)

1. Class F Daily Liquor License, Newport Art Museum, 76 Bellevue Ave., August20,2011, from 5:30 p.m. to 8:00 p.m., and August 21, 2011, from II :30 a.m. to5:00p.m.

2. Class F-1 Daily Liquor Licenses:

a) Newport Art Museum, 76 Bellevue Ave., August 26, September 23, andOctober 28,2011, from 6:00 p.m. to 9:00 p.m.

b) International Te=is Hall of Fame, 194 Bellevue Ave., September 18,2011, from 4:30 p.m. to 7:00 p.m.

ADJOURN

Kathleen M. SilviaCity Clerk

August 3, 2011

SIL.VA, THOMAS, MARTLAND & OFFENBERG, LTD.ATTORNEYS & COUNSELORS AT LAW

ROBERT M. SILVA

ANDREW A. THOMAS

DAVID P. MARTLAND

CRISTINA M. OFFENBERG

July 19,2011RECEIVED

JUL 21 2011

The Honorable Stephen C. Waluk, Mayorand Members of the City Council

Newport City Hall43 BroadwayNewport, Rhode Island 02840

Re: Petition of St. Clare Home to Amend the Zoning Ordinance

Dear Mayor Waluk and Council Members:

I am writing to advise you that in light of certain issues raised by the CityPlanning Department in connection with the Petition of St. Clare Home to amend theZoning Ordinance, we asked and received a continuance of the Planning Board's reviewuntil Monday, August 15,2011. Accordingly, we will be submitting suggested revisionsto the proposed amendment to the Planning Board and ultimately to the City Council.The purpose of the revisions will be to narrow the application of the proposed ordinanceand address other issues raised by the Planning Department, as well.

If you have any questions, please do not hesitate to give me a call. With bestwishes, I remain

Very truly yours,

RMS:bja

1100 AoUIDNECK AVENUE, MIDDLETOWN, RI 02842(401) 849-6200 • (401) 253-3998 • FAX (401) 849-1820 • WWW.SILVALAWGROUP.COM

TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCILOF THE

CITY OF NEWPORT

PETITION TO AMEND ZONING ORDINANCE

WHEREAS, your Petitioner St. Clare Home, Inc., owns real estate located in the City ofNewport and identified Lots 175, 177, 188,236& 189.4 on Plat 27 of the Newport TaxAssessor's Plats, as presently constituted; and

WHEREAS, St. Clare Home has been caring for the elderly and infirmed residents ofNewport for more than 80 years and currently operates a 47 bed skilled nursing facility; and

WHEREAS, in order to continue to provide the highest quality of care to the residents ofNewport and remain financial viable, St. Clare Home must improve and expand its facility andservices by adding 13 skilled nursing beds and 40 new assisted-living units, while transformingSt. Clare Home into a "small home" model nursing care facility; and

WHEREAS, the proposal is consistent with the goals and policies of the City'sComprehensive Land Use Plan which provides as follows: "So that city residents may remainhere in their old age, it will be important to provide a mix of housing and facilities options thataddresses the needs of these different groups"; and

WHEREAS, assisted living services are not available to seniors in the City of Newportand as a result City residents must leave Newport if they required assisted living; and

WHEREAS, St. Clare Home proposes to provide not only nursing home services but alsoto provide for assisted living so that it will meet the evolving long-term care needs of thecommunity and the residents of the City ofNewport; and

WHEREAS, the proposed zoning amendment and transformation of St. Clare Home is inkeeping with the goals and policies of the Comprehensive Community Plan, will compliment theexisting land uses in the general vicinity thereof, and maintain and preserve historic structures;and

WHEREAS, for the foregoing reasons and for other good cause, your Petitionerrespectfully requests that the City Council amend the zoning ordinance as provided for in Exhibit"A", attached hereto and made part hereof, as said zoning amendment is in the general publicinterest and of benefit to the residents of the City ofNewport for the foregoing reasons:

I. It is in keeping with the character of the district and will compliment other existingland uses in the general vicinity thereof;

2. It is and will be in keeping with the City of Newport's Comprehensive CommunityPlan;

3. It will promote the public health, safety and general welfare ofthe community; and

4. It will encourage the most appropriate use of said parcels of real estate.

(

NOW THEREFORE, your Petitioner respectfully requests that this Honorable CityCouncil set a date for a public hearing on the proposed amendment to the Zoning Ordinance ofthe City of Newport; that the same be advertised for public hearing by newspaper publication, allin accordance with Rhode Island General Laws, 1956 (1991 Reenactment) §45-24-53, asamended; and that at such public hearing, the proposed amendment attached hereto and made apart hereof as Exhibit "A" be considered by this Honorable City Council and adopted thereafter.

Respectfully Submitted,St. Clare Home, Inc.by their attorneysSILVA, THOMAS, MARTLAND

--8.rt)J!'RE·NBE , LTD.

Robe M. Silva, Esq.1100 Aquidneck AvenueMiddletown, RI 02842(401) 849-6200

2

EXHIBIT A

Amend Section "17.08.010. Definitions." By adding the following definition:

Convalescent Homes and Rest Homes: Housing consisting of nursing homes, assisted livingfacilities and other similar facilities providing housing and services primarily to the elderly.Such facilities shall contain common use areas, which may include common dining andrecreational areas. Expansion of such facilities which existed prior to April 13, 1977 is permittedby right on the same property or adjacent parcels.

Add the following section to Development Standards:

17.100.040 E. Any expansion ofconvalescent homes and rest homes which existed prior to April13, 1977 cannot exceed either the height of any existing structures or the maximum allowed inthe zoning district, whichever is greater, and shall be permitted a maximum of 50% lot coverage.

3

CITY OF NEWPORTMINUTES OF THE COUNCIL MEETING

HELD JUNE 8, 2011

The following items of business, filed with the City Clerk under the Rules of the Council, camebefore the Council at its regular meeting held on June 8, 20 II.

The MAYOR called the meeting to order at 6:30 P.M.

The CITY CLERK called the roll and the following members were present:

CHARLES Y. DUNCANKATHRYNE.LEONARDJUSTIN S. MC LAUGHLINJEANNE-MARIE NAPOLITANO

NAOMI NEVILLESTEPHEN C. WALUK, MAYORHENRY F. WINTHROP

1. PUBLIC HEARING: Recommended 2011-2012 Operating Budget

PATRICK KELLEY, Chairman, Newport School Committee, pointed out that there would be a$456,000 gap in the School Department Budget, even after significant cuts, because of reductions inState and Federal Aid. He asked that the Council increase the City's allocation by $456,000 to coverthe gap.

Hearing no further comment from the public, COUNCILOR MC LAUGHLIN moved the hearing beclosed. Seconded by NAPOLITANO and VOTED UNANIMOUSLY.

(The hearing was reopened at 6:36 p.m.)

FRANK LANDRY, President, Local 911, AFSCME, said there were 108 members of Local 911 whohave not had a pay increase since 2008. He said there has not been very much communication withmanagement; and while there have been violations of the contract, the union has filed no grievancesin the spirit of cooperation. He said those proposed to get increases earn a great deal more than themembers of Local 911. He noted that step increases for his members were eliminated, but otheremployees who make significantly more money have gotten them. He said the reductions in staff willresult in greatly reduced services at the Police Department; and, if there were to be a catastrophe, suchas a hurricane, the ability of the Public Services Department to provide services will be greatlyreduced because the workforce has been reduced by one-third since Hurricane Bob in 1991.

COUNCILOR MC LAUGHLIN moved the public hearing be closed. Seconded by COUNCILORWINTHROP and VOTED UNANIMOUSLY.

(Returned to discussion on Personnel Ordinance)

b. Ordinance Amending Title 3, Personnel (Second Reading)

MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILORWINTHROP.

DOCKET OF THE COUNCILJune 8, 2011Page 2

MAYOR WALUK moved the ordinance be amended to reflect the changes in the City Manager'smemo of June 7, 2011; i.e., Building Official, Grade 9; City Engineer, Grade 10; Director ofPlanning, Grade II; Recreation Administrator, Grade 7, Assistant City Engineer, UT6; and AssistantCity Solicitor for Law Enforcement, $30,000. Seconded by COUNCILOR DUNCAN.

COUNCILOR NAPOLITANO said she had a problem with providing a significant increase of $5,000for the Assistant City Solicitor position and moved that it be eliminated. Seconded by COUNCILORWINTHROP.

CITY SOLICITOR JOSEPH J. NICHOLSON said he had requested the salary increase because theAssistant Solicitor for Law Enforcement has been asked to take on additional duties above those forwhich he was originally hired.

VOTE: In favor - COUNCILORS DUNCAN, MC LAUGHLIN, NAPOLITANO, NEVILLE andWINTHROP.

Opposed - MAYOR WALUK and COUNCILOR LEONARD.

COUNCILOR MC LAUGHLIN, citing an instance five years prior where there was a change in adepartment director's duties and salary without a change in title, which change was neveraccomplished because of a lawsuit, said he believed something different needed to occur in theprocess.

COUNCILOR MC LAUGHLIN moved funding be removed from the position of Director ofPlanning and funding instead be provided for a new planning position at Grade SII. Seconded byCOUNCILOR LEONARD

COUNCILOR WINTHROP, noting that the City Manager had been asked to make recommendationswith regard to the Department of Planning, Zoning, Development and Inspections, said therecommendation before the Council separates inspections and zoning from planning and developmentbut retains the Planning Director title. He said he believed the current motion was targeting anindividual, was wrong, and bordered on a violation of the City Charter. COUNCILOR'DUNCANsaid the City Manager clearly outlined the duties of the Planning Director which are very involvedand taxing and he, therefore, would not support the motion.

COUNCILOR LEONARD said she would vote against the Personnel Ordinance in total because ofthe trying economic times and because she felt there was very little time to discuss the proposedchanges that provide for upgrades and title changes with very little restructuring. MAYORWALUK cited the number of employees for which various departments are responsible and noted thatwith the proposed amendment the Planning Director would be responsible for only three; he said hedid not believe the proposed amendment was irresponsible or harsh.

COUNCILOR NAPOLITANO, noting that the salary of the director would be reduced by $10,000,said she agreed with Councilor Winthrop that the issue has become personal. She made note thatsome very large projects were about to be undertaken in the City and said that the number ofemployees in a department does not determine the title of director, but rather the responsibilities


associated with the position. COUNCILOR WINTHROP agreed and said he knew of no largeorganization that sets titles based upon how many people are reporting to an individual.

COUNCILOR NEVILLE said she would not support the proposed amendment and would support therecommendations of the city manager as she believed there had been sufficient time for the changes tobe reviewed.

COUNCILOR MC LAUGHLIN said his proposed amendment was not to deal with a person butrather with the process and restated his concern that the proposal was similar to a change four yearsago that resulted in a law suit. He invited the city manager to comment.

CITY MANAGER EDWARD LAVALLEE responded that one person, who was present at thismeeting, was being discussed. He said there would be no objection to his recommendation by theindividual, as the person chose not to do what was done four years ago. He said he believed thecurrent recommendation was professionally correct and the job merits the title of director based uponthe responsibilities and decisions the director makes that have significant impact. He said he believedthe newly proposed change was wrong.

COUNCILOR MC LAUGHLIN withdrew his motion.

COUNCILOR LEONARD said there are professional ways and emotional ways in which to makechange and what was done four years ago did not follow labor laws which resulted in the law suit.

MAYOR WALUK asked if funding was provided for the Grants Writer. CITY MANAGERLAVALLEE responded there was not.

VOTE on the motion to adopt the Personnel Ordinance, as amended to include the City Manager'srecommendations (with $5,000 for Asst. Solicitor eliminated):

In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLINNAPOLITANO, NEVILLE and WINTHROP.

Opposed - COUNCILOR LEONARD.

MAYOR WALUK moved the Ordinance Appropriating Revenues be reconsidered. Seconded byCOUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

MAYOR WALUK moved $700,000 be restored for Fire Department overtime and $10,000 for a parttime Building Inspector. Seconded by COUNCILOR WINTHROP.

COUNCILOR LEONARD asked if the change would affect the tax rate; CITY MANAGERLAVALLEE responded it would not because the money would be taken from the fund balance.

The motion was VOTED UNANIMOUSLY.

COUNCILOR NAPOLITANO moved $25,000 be restored to fund the position of Grant Writer.Seconded by COUNCILOR WINTHROP.


MAYOR WALUK said he would oppose the motion because he agreed with a suggestion byCouncilor Leonard that the position could be funded on a commission basis. COUNCILORNEVILLE said she supported having funding for grant writing but not with its being funded throughthe Maritime Fund, as had been proposed. She asked if grant writing could be taken on by the SeniorDevelopment Planner (Economic Development/CDBG) in the Planning Department. CITYMANAGER LAVALLEE responded that it could. COUNCILOR NEVILLE said it would makemore sense to have the grant writing combined with that position. COUNCILOR LEONARD saidshe, too, would not support using the Maritime Fund for a grant writer and said she believed theposition should be funded on a commission basis.

COUNCILOR NAPOLITANO noted that over four years the City paid $100,000 for the grant writerwho brought in $4 million. She said it is a very important position and she did not believe departmentdirectors, with all the responsibilities they have, would have the time to seek and write grants.COUNCILOR MC LAUGHLIN responded that the Recreation Director had probably found moremoney in grants to support recreation programs, but said he recognized that not everybody will beable to write grants, and supported having the Senior Development Planner provide grant writingsupport to the staff.

VOTE ON THE MOTION TO RESTORE FUNDING FOR THE GRANT WRITER:

In favor - COUNCILORS NAPOLITANO and WINTHROP

Opposed - MAYOR WALUK; COUNCILORS DUNCAN, LEONARD, MC LAUGHLINand NEVILLE.

THE MOTION TO ADOPT THE ORDINANCE APPROPRIATING REVENUES ON SECONDREADING WITH FUNDING FOR FIRE DEPT. OVERTIME and A PART-TIME BUILDINGINSPECTOR WAS VOTED UNANIMOUSLY.

c. Resolution, re: Omnibus Property Tax Relief & Replacement Act

MAYOR WALUK moved the resolution be adopted. Seconded by COUNCILOR NAPOLITANO.

COUNCILOR LEONARD said she would like the public to be aware ofthe new tax rates: $9.93 per$1,000 of assessed valuation for residential properties, and $13.76 for commercial properties.FINANCE DIRECTOR LAURA SITRIN pointed out that it is a 3.8% increase in the tax rate.

MAYOR WALUK thanked the staff for the time spent in preparing and amending the budget. Hesaid the Fire Department is the biggest cost driver in the budget because minimum staffing does notwork in this community; and, as a result, other departments are taking hits and will not be able toprovide a complete, high level of service. COUNCILOR MC LAUGHLIN agreed. He said theovertime issue in the Fire Department is not about the personnel, who provide superb service, butabout the process and problems that have evolved. COUNCILOR DUNCAN agreed with MayorWaluk's and Councilor McLaughlin's comments and said what the Fire Department is demandingfalls on the backs of those who are being laid off and departmental reductions.

DOCKET OF THE COUNCILJune 8, 2011PageS

COUNCILOR LEONARD said she regretted the 3.8% tax increase because many people are on fixedincomes, business is down for the local merchants, and people are out of work.

COUNCILOR NAPOLITANO said she didn't think the comments regarding the Fire Departmentwere prudent because of on-going negotiations, nor should one union be blamed for the tax increase.COUNCILOR NEVILLE said she would also like to thank the staff for their work on the budget; and,citing the need to be respectful, she said hoped that within the next 12 months all contractnegotiations will be settled. MAYOR WALUK responded that when he believes there is a group ofemployees, such as the Fire Department, who won't work for the betterment ofthe City, he will speakup.

The motion to adopt the Resolution was VOTED UNANIMOUSLY.

Resolution, re: Authorizing the Tax Levy

MAYOR WALUK moved the Resolution be adopted. Seconded by COUNCILOR WINTHROP andVOTED UNANIMOUSLY.

Ordinance Amending Chapter 13.12.010 Basic (Sewer) Charge

MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILORMC LAUGHLIN.

VOTE: In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLIN,NAPOLITANO, NEVILLE and WINTHROP.

Opposed - COUNCILOR LEONARD

f. Ordinance Amending Chapter 13.12.015, CSO Fixed Charge

MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILORMC LAUGHLIN.



COUNCILOR MC LAUGHLIN moved Items a-14, 15 and 16 be added to the Consent Calendar.Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

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

a. Special Event Licenses:1) Newport Film, Inc., d/b/a NewportFILM; June 17-August 27, 2011 (list of


dates, locations and times attached), and to use Queen Anne Square on July 7,2011, for a free outdoor screening, beginning at snndown, and to waive theprovisions of Section 12.42.010 of the Codified Ordinances (9:00 p.m. parkclosing) (Approve subject to details being worked out with the cityadministration)• Commnnication from The Rev. Anne Marie Richards, Rector, Trinity

Church, expressing approval of the event.2) Aquidneck Land Trust, d/b/a "Fiesta Verde" Annual Fnndraiser; 646 Bellevue

Ave., 662 Bellevue Ave., 670 Bellevue Ave., from 6:00 p.m. to 11 :00 p.m.REMOVED: Elmwal Associates, LLC, d/b/a Music at Long Wharf Shoppes;

3) Women's Resource Center, d/b/a "Beyond the Bounce" BasketballTournament; Edward St. Basketball Court, June 18, 2011, from 9:00 a.m. to6:00p.m.

4) REMOVED: Beluga Froyo, LLC (by Chandra Kent & Brandon Vondera)5) Event Planners with a Touch of Class (by Rebecca Hanos), d/b/a Yard

Sale/Fundraiser; Elks Lodge, 141 Pelham St., June 25, 2011, from 8:00 a.m. to2:00p.m.

6) REMOVED: David Lester, Expoships GP. Inc., d/b/a Art Newport/Art Fair7) Fort Adams Trust, d/b/a Civil War Living History Reenactment; Fort Adams

State Park, July 9, 2011, from 10:00 a.m. to 5:00 p.m.; July 10,2011, from10:00 a.m. to 2:00 p.m.

8) Newport Art Museum, d/b/a Painters and Patrons Soiree; Newport ArtMuseum, 76 Bellevue Ave., July 9,2011, from 6:30 p.m. to Midnight.

9) Robert Potter League for Animals, d/b/a "Tea for Tails"; Miramar, 646Bellevue Ave., July 10, 2011, from 4:00 p.m. to 6:00 p.m.

10) Newport Festivals Foundation, Inc., d/b/a Newport Festivals Foundation GalaFnndraiser; Rosecliff, 548 Bellevue Ave., August 4, 2011, from 7:30 p.m. to11:00 p.m.

11) St. Peter's Lutheran Church, d/b/a Church & Community Yard Sale, St. Peter'sChurch, 525 Broadway, August 20, 2011 (rain date, Aug. 27, 2011), from 9:00a.m. to 1:00 p.m.

12) REMOVED: Newport Dinner Train, d/b/a "A Day Out With Thomas inNewport, RI"

13) Newport Art Museum, d/b/a PM Picnics; Newport Art Museum, 76Bellevue Ave., June 22, July 27 and August 17,2011, from 6:00 p.m. to 8:00p.m.

14) DAMP LLC, d/b/a FnndraiserlFilm Premier; Jane Pickens Theatre, 49 TouroSt., June 16,2011, from 7:00 p.m. to 10:00 p.m.

15) J Class Association, d/b/a Newport J Class Regatta; Newport Shipyard, Jnne 15- 19, 2011, from 8 a.m. to 10:00 p.m.

b. Drain Layer License, Renewals:I) C.B. Utility Co., Inc., 99 Tupelo St., Bristol, RI2) R. 1. Cawley Contracting, Inc., 110 Connell Highway, Newport, RI3) Camara Excavating LLC, 48 Common Fence Blvd., Portsmouth, RI4) Foster Excavation, Inc., 3 Salisbury Rd., Foster, RI5) J.A.M. Construction, Inc., 77 Pine Tree St., Portsmouth, RI6) KM Gladding Excavating, 242 America Way, Jamestown, RI7) Landscaping Services, Inc., 700 Wood St., Bristol, RI


8) NCD Developers, Inc., 370 Metacom Ave., Bristol, RI9) Pond View Excavation Corp., 50 French St., Rehoboth, MA

c. Food Concession License, Seasonal, Renewal, Newport Gulls, Ltd., Cardine's Field.

d. Fortuneteller's License, Renewals:1) Marie Miller, d/b/a Pauline's Palm & Tarot Card Readings, 421 Thames St.2) Pauline Miller, d/b/a Pauline's Palm and Card Readings, 421 Thames St.

e. Holiday Selling Licenses, New:1) Barry Automotive, Inc., d/b/a Barry Newport Nissan Volvo, 166 Connell

Highway2) Breakwater Surf Company, LLC, d/b/a Surf Co., 306 Thames St.3) Faus Concept, Inc., d/b/a The Jewelry Boutique, 337 Thames St.4) Newport Majestic Cruises, Inc., d/b/a Newport Majestic Cruises, 424 Thames

St.5) Tim Keyes Apparel Group, d/b/a Dixon & McAllister, 604 Thames St.6) Wagon Wheel Corp., d/b/a Newport Best Sportswear, 246 Thames St.7) Christina Erwin, d/b/a Newport Bicycle, 89 Dr. Marcus F. Wheatland Blvd.

f. Pedicab Operator License:1) John Becker, 12 Merton Road, Newport, RI2) Drew Furtado, 80 Bliss St., Fall River, MA3) Sean P. Galvin, 36 Red Cross Ave., Newport, RI4) Joseph J. Keenan, III, 4 Potter St., Newport, RI5) David B. Vidich, 40 Frontage Rd., Ashford, CT

g. Waste Hauler License, New:1) CWPM, LLC, 25 Norton Place, Plainville, CT2) The Holland Companies, LLC, 20 S. Anguilla Rd., Pawcatuck, CT

h. Waste Hauler, License, Renewals:1) A Star Waste Disposal, P.O. Box 2485, Pawtucket, RI2) Patriot Disposal Co., Inc., 2208 Plainfield Pike, Johnston, RI

I. Communication from Kris Baker, Administrator, CrossPoint Church, requestingpermission to use Braga Park for their annual church picnic on July 31, 2011, fromNoon to 5:00 p.m.

J. Communication from Max Nuki, Newport Majestic Cruises, requesting permission toserve alcoholic beverages aboard "The Majestic" prior to departures, in accordancewith its Class G Alcoholic Beverage License granted by the State of RI. (Approve)

k. Claims: (Receive and refer to City Solicitor)1) Best Western The Mainstay Inn2) James B. Baker3) Shawn Bohannan

COUNCILOR MC LAUGHLIN moved the consent Calendar, with the exception ofItems a-3, 5, 7and 13, and ltemj, be adopted. Seconded by COUNCILOR NAPOLITANO and VOTEDUNANIMOUSLY.

a-3) Elmwal Associates, LLC, d/b/a Music at Long WharfShoppes; Long Wharf Mall,June 25, July2 and 30, and August 28,2011, from 1:00 p.m. to 5:00 p.m.

DOCKET OF THE COUNCILJune 8,2011Page 8

COUNCILOR MC LAUGHLIN moved the date of June 11 be included and the license granted.Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

a-5) Beluga Froyo, LLC (by Chandra Kent & Brandon Vondera), d/b/a Grand Opening ofBeluga Froyo; 217 Goddard Row, June 19, 2011,from 11:00 a.m. to 10:00 p.m.

COUNCILOR MC LAUGHLIN moved the date of the event be changed to June 18,2011, and thelicense granted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

a-7) David Lester, Expoships GP. Inc., d/b/a Art Newport/Art Fair; onboard Sea Fair, PerryMill Wharf, June 30, 2011, through September 5, 2011, from 11 :00 a.m. to 9:00 p.m.

COUNCILOR MC LAUGHLIN moved the application be amended to stipulate it would be forfourteen days, June 30 through July 13,2011. Seconded by COUNCILOR NEVILLE and VOTEDUNANIMOUSLY.

DAVID LESTER, owner of Sea Fair and managing partner of the Art Newport/Art Fair, providedbackground information on the art fairs he has held aboard Sea Fair and said it is a cultural attractionthat would attract a substantial number of visitors to Newport. He said the restaurant and food andbeverages, which would be supplied and served by a local business, Blue Rocks Catering, were to beprovided as a courtesy, and mainly for the exhibitors who cannot leave the boat when the exhibit isopen. He noted that the caterer has a RI Class P liquor license, and he additionally has a State ClassG license. He said the boat is federally licensed as an interstate commerce ship, and he has never hadto be licensed by a municipality before, but he applied for a Newport license to be a good neighbor.He said that, in addition to the cultural experience, he would be providing jobs for locals and a site forlocal fund-raising events.

COUNCILOR NEVILLE asked ifhe would be paying taxes. MR. LESTER responded that he wouldand that he had obtained his RI Sales Tax ID number. COUNCILOR NAPOLITANO asked why hisstay would be so long in Newport when in other ports the stay was only for one or two weeks. MR.LESTER responded that he would like to stay longer because it is one of the few places that iscentrally and geographically accessible. MAYOR WALUK asked if dinner would be served in therestaurant. MR. LESTER responded that it would not, nor would liquor be served after 7 p.m. unlessthere were another special event license issued for the occasion.

CITY SOLICITOR JOSEPH lNICHOLSON, JR.. pointed out that both the Class P and Class Gliquor licenses are State-issued licenses; however, the Council has the authority to place reasonablerestrictions on the Special Event License.

BART DUNBAR, owner of Bowen's Wharf, objected to the granting of the license, stating that thebusiness would be paying no property taxes.

INGRID MARTIN of Blue Rocks Catering said the ship would not be operating as a bar, and shewould be paying local taxes on the food and beverage sales. She said she did not see how this wouldnot benefit everyone in town.


SUE SHELDON, Sheldon Fine Art, objected to the license, stating it was a retail business that wouldput local, year-round taxpaying merchants out of business.

MICHAEL JENKINS, representing Bannister's Wharf businesses and marina, said to have the shipsail into Newport to do business and then sail away is an insult to the year-round merchants.

Following additional discussion, COUNCILOR MC LAUGHLIN moved the license be amended tohave the ship close at 7:00 p.m. and that additional Special Event Licenses would be required for anyopenings after 7:00 p.m. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

COUNCILOR DUNCAN said he agreed with those who objected based on the fact that the businesswould not be paying property taxes as year-round merchants do.

COUNCILOR WINTHROP said he initially was skeptical of the proposal but now believed it couldhave a positive impact on the downtown area. He said he would like to grant the license for the twoweek period to determine the impact it would have. COUNCILOR LEONARD said she agreed withCouncilor Winthrop's comments.

MAYOR WALUK said ifit's determined that Sea Fair has had a favorable impact he would supportextending the license. He said he understands that there is a fear of the unknown, but believed itcould be a positive thing for Newport.

VOTE on the amended license for a two-week duration and a closing time of7:00 p.m.:

In favor - MAYOR WALUK; COUNCILORS LEONARD, MC LAUGHLIN, NAPOLITANO,NEVILLE and WINTHROP.

Opposed - COUNCILOR DUNCAN

a-13) Newport Dinner Train, d/b/a"A Day Out With Thomas in Newport, RI"; September1,2,3 and 4, 2011, from 9:00 a.m. to 4:45 P.M.• Request of Robert J. Andrews, Newport Dinner Train, to use a portion of the grass

City land on the north side of the Humphrey 1. Donnelly, III, Transportation &Visitors Center, August 31 to Sept. 4, 20 II, in conjunction with Thomas the Tankevent. (Approve subject to details being worked out with the city administration.

COUNCILOR NEVILLE expressed concern about children crossing back and forth on the streetbetween the Visitors Center property and the dinner train property. ROBERT J. ANDREWSresponded that there would be a detail police officer throughout the event to ensure public safety.

COUNCILOR WINTHROP moved the license be approved and use of the Visitors Center propertyapproved subject to details being worked out with the city administration. Seconded byCOUNCILOR LEONARD and VOTED UNANIMOUSLY.

k. Communication from Max Nuki, Newport Majestic Cruises, requesting permission toserve alcoholic beverages aboard "The Majestic" prior to departures, in accordancewith its Class G Alcoholic Beverage License granted by the State ofR!. (Approve)


COUNCILOR DUNCAN recused himself.

MAYOR WALUK moved permission be granted. Seconded by COUNCILOR NEVILLE andVOTED UNANIMOUSLY.

LICENSES AND PERMITS

3. Application for a Bicycle Rental Agency License, New, Christina Erwin, d/b/a NewportBicycle, 89 Dr. Marcus F. Wheatland Blvd. and RJ. Donnelly, III, Transportation andVisitors Center

MAYOR WALUK moved the license be granted. Seconded by COUNCILOR WINTHROP andVOTED UNANIMOUSLY.

4. Application for a Class A (indoor) Entertainment License, Diego's Newport, LLC, d/b/aDiego's, 11 Bowen's Wharf (First Hearing)

MAYOR WALUK moved the license be granted. Seconded by COUNCILOR NAPOLITANO andVOTED UNANIMOUSLY.

5. Application for a Sidewalk Cafe License, New, Donick's LLC, d/b/a Donick's, 26 Broadway

MAYOR WALUK moved the license be granted. Seconded by COUNCILOR WINTHROP andVOTED UNANIMOUSLY.

6. Application for a Sidewalk Cafe License, New, Vivienne O'Dwyer, d/b/a People's Cafe, 282Thames St.

MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO andVOTED UNANIMOUSLY.

7. Application for a Valet Parking License, The Valet Connection, Inc., d/b/a Valet Connection;to provide valet services to merchants located in the 450 to 509 Thames St. business district,with a valet podium at 509 Thames St.

MAYOR WALUK moved the license be granted subject to details being worked out with the cityadministration. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

8. APPOINTMENTS TO BOARDS AND COMMISSIONS

MAYOR WALUK moved Lauren Carson be reappointed to the Energy & EnvironmentCommission. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

COUNCILOR NEVILLE recused herself on the following appointment:

MAYOR WALUK moved Charles Laranjo be reappointed to the Housing Authority of Newport.Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY. (6-0)


MAYOR WALUK moved Susan Ruff be reappointed to the Tree & Open Space Commission.Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

ORDINANCES

9. Amending Chapter 10.32.040, of the Codified Ordinances to require that at least 65% of theresidents are represented on a petition for 24-hour residential parking (Second reading)

COUNCILOR NEVILLE moved the ordinance be adopted on second reading. Seconded byCOUNCILOR NAPOLITANO.

COUNCILOR WINTHROP said he was not in favor of 24-hour resident parking and would notsupport the motion.

VOTE: In favor - MAYOR WALUK; COUNCILORS LEONARD, NAPOLITANO, and NEVILLE.

Opposed - COUNCILORS DUNCAN, WINTHROP and MC LAUGHLIN.

10. Amending Chapter 5.97.280 of the Codified Ordinances to allow pedicabs the use ofMemorial Blvd. West between the hours of 6:00 p.m. to 2:00 a.m.

MAYOR WALUK moved the ordinance be adopted on first reading. Seconded by COUNCILORNAPOLITNAO.

COUNCILOR MC LAUGHLIN moved to amend the ordinance to prohibit pedicabs on FranklinStreet. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

The ordinance, as amended, was VOTED UNANIMOUSLY.


II. Communication #4851/11, re: East Bay Consortium-HOME Loan Program

MAYOR WALUK moved the communication be received and the accompanying resolution adopted.Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

12. Communication #4852/11, re: Bid Award for Network, Server, and Printer TechnicalSupport

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

13. Communication #4853/11, re: Bid Award for Water Chemicals



14. Communication #4854/11, re: Bid Award for Water Works Supplies

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY

15. Communication #4855/1 I, re: Contract #10-042 -- Easton's Beach Stormwater UVDisinfection System Project Change Order No.2

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR NAPOLITANO.

COUNCILOR LEONARD asked if it were Change Order No.2 or No.3. CITY MANAGEREDWARD LAVALLEE responded that it was Change Order No.2. COUNCILOR NEVILLE askedif Middletown could be charged for the cost. CITY MANAGER LAVALLEE responded that itcould; however, it is a City ofNewport project and the City asked that Middletown's drawings beredesigned because they were inaccurate. COUNCILOR LEONARD said Middletown, therefore,should pay the cost.

MAYOR WALUK asked if the UV System was operationa1. UTILITIES DIRECTOR JULIAFORGUE responded that it was; however, there has been little rain, except for that on May 24th atwhich time it perfolmed as expected.

The motion to approve was VOTED UNANIMOUSLY.

16. Communication #4856/11, re: Bid Award for Decorative Light Maintenance and RepairServices


17. Communication #4857/11, re: Bid Award for Roadway Investment-Local Equity AidProgram (RI-LEAP)


18. Communication #4858/11, re: Award of Contract for Construction Inspection, RI-LEAP


19. Communication #4859/11, re: Hammersmith Road Drainage and RoadwayImprovements

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR NEVILLE and VOTED UNANIMOUSLY.


20. Communication #4860/11, re: Agreement with the Newport Dinner Train for the TemporaryUse of Land at the H.J. Donnelly Transportation & Visitors Center in Conjunction with "ADay Out With Thomas" Event.

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR NEVILLE and VOTED UNANIMOUSLY.

21. Communication #4861111, re: Agreement with Newport Bicycle Rental for the TemporaryUse of Space at the Humphrey J. Donnell, III, Transportation & Visitors Center for a BicycleRental Service Pilot Program


22. Communication #4862/11, re: Agreement with Studiomilano for the Temporary Use of Spaceat the Humphrey J. Donnelly, III, Transportation & Visitors Center for a Display Center


MAYOR WALUK said he was opposed to the rental of the space for advertising on a truck, whichwould be setting a precedent. COUNCILOR LEONARD agreed, saying the display was tacky.COUNCILOR WINTHROP asked if Studeomilano was a sponsor of an event. MICHAELBRENNAN, Transportation Director, said it was the sponsor of a regatta and the request had comethrough the Visitors Center. COUNCILOR WINTHROP said that because it is sponsoring an eventhe would support the request.

VOTE; In favor - COUNCILORS NAPOLITANO, NEVILLE and WINTHROP.

Opposed - MAYOR WALUK, COUNCILORS DUNCAN, LEONARD, MC LAUGHLIN.

(The motion to approve failed.)

23. Communication #4863/11, re: Agreement for Transfer of Ownership ofthe Newport AreaCareer & Technical Center

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR WINTHROP.

COUNCILOR LEONARD said at a past meeting there was a motion that the city do its ownevaluation of the building and she didn't think that had occurred. CITY MANAGER LAVALLEEresponded that he and the Public Services Director had met with the School custodial staff and wentover the building evaluation report line-by-line. He said one of Council's concerns had been the $4million in needed improvements cited in the report; however, a number of the improvements havebeen made. He said the School Department was asked to request more money from the State forbuilding improvements, and the State granted an additional $200,000 and removed the requirement

DOCKET OF THE COUNCILJune 8,2011Page 14

for an elevator. He said it was also stated by the Council that if the State doesn't come through withthe money over the originally-proposed three-year period, the building would go back to the State;however, the State has now agreed to give the money upon transfer of the property.

COUNCILOR LEONARD, noting that the City has been unable to sell existing, empty schoolbuildings, questioned why the City would take on another building, and said she wondered why theState was so anxious to rid itself of this building. MAYOR WALUK said he would support acceptingthe building because of vital programs offered in the Career & Technical Center that may beeliminated by the State if the City doesn't accept the building. COUNCILOR LEONARD asked ifthe programs could be moved to another building. PATRICK KELLEY, School Committee Chair,said they could be moved, but at substantial cost. In response to additional questions fromCOUNCILOR LEONARD, he said he did not have the numbers in front of him, but many NewpOltstudents participate in voc/tech courses; and the former school administration building on Broadwaywill not be abandoned because it will be used during construction ofthe new elementary schoolCOUNCILOR WINTHROP said he had no problem with accepting the $13 million building alongwith $1.2 million for improvements from the State. COUNCILOR MC LAUGHLIN asked whowould receive the $1.2 million, the City or School Department. CITY MANAGER LAVALLEEresponded that the payment would come to the City to do the repairs.

VOTE ON THE MOTION TO APPROVE:

In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLIN,NAPOLITANO, NEVILLE, and WINTHROP.


7:33 P.M. ADJOURNED AS COUNCIL AND CONVENED AS BOARD OF LICENSECOMMISSIONERS


1. Application of Shiva Corporation, d/b/a Downtown Liquors, 202 Thames St., to transfer 100%of its stock to Sonal J. Patel. (Hearing)

CHAIRMAN WALUK moved the stock transfer be approved. Seconded by COMMISSIONER MCLAUGHLIN and VOTED UNANIMOUSLY.

2. Communication from John K. Callaghan, Bellevue Wine and Spirits, re: NewportPrescription Center, Inc., d/b/a Island Liquors

COMMISSIONER MC LAUGHLIN moved the communication be received and referred to the CitySolicitor for review. Seconded by COMMISSIONER NAPOLITANO.

JOHN CALLAGHAN, owner of Bellevue Wine and Spirits, said that when the City granted theexpansion ofNewport Prescription Center's (d/b/a Island Liquors) Class A liquor license, the Council

DOCKET OF THE COUNCILJune 8, 20IIPage 15

was not aware of the involvement of the Haroonian family, doing business under various names,including Douglas Drugs, which would be illegal since they already have ownership of a Class Alicense. He said he was told that five Douglas Drug employees were installing computers at Island

Liquors. He said having Douglas Drug and the Haroonian family involved in Island Liquors is notonly illegal but would put the owners of other package stores out of business, such as his, and Sully'sBeer, Wine & Spirits, Vickers Liquors, Bridge Liquors, and Rex Liquors, all of whom were present toobject to the Haroonian family involvement.

MAYOR WALUK suggested that the City Solicitor review the information to determine if any localordinances are being violated.

MATTHEW LEYS, ESQ., representing Newport Prescription Center, Inc., said the PrescriptionCenter is in compliance with all laws and the rumors are unfounded. He said Newport PrescriptionCenter has a consulting relationship with Douglas, which is not illegal. COUNCILOR LEONARDsaid the City Solicitor would be able to review the information on the website and go to the LiquorControl Division of the State Department of Business Regulations. CITY SOLICITOR JOSEPH J.NICHOLSON said he would look into the matter.

KEITH KYLE, Esq., representing Vickers Liquors, Bridge Liquors, Sully's Beer, Wine & Spirit's,Rex Liquors, and Bellevue Wine and Spirits, commented on a 2004 matter when the Haroonianfamily attempted to open a large liquor store on J. T. Connell Highway under another name. He saidthe Council denied the license when it was discovered the drawings submitted with the applicationstated in small print that they were prepared for the Haroonians. He said he would like the Council attheir next meeting to have a hearing on the matter to explore the Haroonians ownership orinvolvement with Island Liquors. CHAIRMAN WALUK said the matter would be dealt with basedupon the advice of the City Solicitor.

DAVID WHALLEY of Newport Prescription Center, Inc., stated that the allegations being madewere all false and he would be happy to answer any questions the Board might have.

The motion to receive the communication and refer it to the City Solicitor was VOTEDUNANIMOUSLY.

8:42 P.M. Adjourned



HELD JUNE 22, 2011

The following items of business, filed with the City Clerk under the Rules of the Council, camebefore the Council at its regular meeting held on June 22.

The MAYOR called the meeting to order at 5:30 p.m. in the Cafeteria of Thompson Middle School.


CHARLES y. DUNCANKATHRYN E. LEONARDJUSTIN S. MC LAUGHLINJEANNE-MARIE NAPOLITANO


COUNCILOR MC LAUGHLIN moved the Council convene in Executive Session in Room #232A,pursuant to RIGL 42-46-5, "Purposes for Which Meetings May Be Closed... ," Paragraphs (a)(l)"Personnel Matters"; and (a)(2) "Collective Bargaining or Litigation"; to discuss the pending vacancyof the position of City Manager and the IAFF collective bargaining agreement. Seconded byCOUNCILOR WINTHROP and VOTED UNANIMOUSLY (5-0). (Councilors Leonard and Nevillearrived shortly after the roll call.)

At 6:30 p.m. the Council reconvened in Open Session.

CITIZEN'S FORUM: AARON BUEHLER, 30 Vaughan Ave., a member ofthe Newport FireDepartment, responded to comments made previously by Councilor Duncan comparing a firefighter's being in harm's way with someone in the military stationed in Afghanistan, who, CouncilorDuncan said, would be making a lot less money. MR. BUEHLER said in 2004 he spent a year incombat in Iraq and earned $16,100 more than if he had he been working for the Fire Departmentduring that time; and a member ofthe Department currently serving in Afghanistan will be earning$22,900 more than ifhe were working here for the Fire Department. He said the military does notrequire payments towards retirement and health care; and one serving in combat receives militarypay, family separation pay, hazardous duty pay, housing, etc. He said everyone is aware of themilitary men and women putting their lives on the line in combat; however, it should be noted that 85fire fighters died in the line of duty in the US during the past year and he believed it was fruitless andargumentative for Councilor Duncan to compare the two. He said comments such as CouncilorDuncan's serve only to harm attempts to have the City and union come together in resolving issues.

ANNETTE BOURBONNIERE, 33A DeBlois St. (Chair of the Accessibility Commission) said sheappreciated being able to attend the council meeting as a "regular citizen" and not separated becauseof the lack of accessibility of the Council Chambers. She said she hoped the Council wouldperiodically hold meetings at Thompson Middle School until City Hall is completely accessible.

COUNCILOR MC LAUGHLIN moved the Rules of the Council be suspended to add items a-24 anda-25 to the Consent Calendar. Seconded by COUNCILOR NAPOLITANO and VOTEDUNANIMOUSLY.

MINUTES OF THE COUNCIL MEETINGHELD JUNE 22, 2011Page 2

1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCILREMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #3180 AND #98-40.)

a. Special Event Licenses:1) Chelsea's Restaurant, d/b/a "Bucks for Brian" Fundraiser; Elks Lodge, 141

Pelham St., June 24, 2011, from 6:00 p.m. to 11:00 p.m.2) Elmwal Associates, LLC, d/b/a "Afternoon Music at the Long Wharf Shops";

Long Wharf Mall, June 26; July 9,10,16,24; August 6, 7, and 21, 2011, from1:00 p.m. to 5:00 p.m.

3) David Lester, Expoships GP. Inc., d/b/a Art Newport Preview Evening; aboardSea Fair, Perry Mill Wharf, June 30, 2011, from6:00 p.m. to 10:00 p.m.

4) David Lester, Expoships GP. Inc., d/b/a Art Newport July 4th FireworksCelebration, aboard Sea Fair, Perry Mill Wharf, July 4, 2011, from 11 :00 a.m.to 10:00 p.m.

5) Rose Island Foundation, d/b/a Rose Island 4th of July Fireworks; Rose Island,July 4, 2011, from 6:30 p.m. to 10:30 p.m.

6) Sail Newport, d/b/a The Newport Regatta/Regatta Socials; Fort Adams StatePark, July 8, 2011, from 4:00 p.m. to 8:00 p.m.; July 9, 2011, from 4:00 p.m. toII :00 p.m., and July 10, from 4:00 p.m. to 8:00 p.m.

7) REMOVED: Kitt Kites, d/b/a Newport Kite Festival; Brenton Pt State Park.8) Japan- America Society and Black Ships Festival of RI, d/b/a 20 II Black Ships

Festival, Long Wharf Mall:• Request to use Long WharfMall--

July 14: Navy Band Northeast Salutes Black Ships Festival, 6:00-7:00p.m.;July 16: Japanese-American Market and Taiko Drum performance, 11:00a.m. to 4:00 p.m.;July 17: Japanese-American Market, 11 :00 a.m. to 4:00 p.m., Army BandPerformance, 3:00 p.m. to 4:00 p.m.

9) Japan-America Society, d/b/a 2011 Black Ships Festival; Touro Park, July IS,from 10:30 to 12 Noon; July 16, from 10:00 a.m. to 3:30 p.m.

10) Japan-America Society and Black Ships Festival ofRI, d/b/a 2011 Black ShipsFestival Sister City Gala; Rosecliff, July 16, 2011, from 6:30 p.m. to 11:30p.m.

11) Japan-America Society, d/b/a 2011 Black Ships Festival Taiko Drummers;Cardines Field, July 17, from 12 Noon to 1:30 p.m.

12) Rhode Island Arts Foundation at Newport, Inc., d/b/a Newport Music Festival:.JJ The Breakers, 44 Ochre Point Ave.: July 10,11,12,17,18,19, 2011, from

8:00 pm. to 10:00 p.m.; July 8, 9,14, IS, 16,21,23,24,2011, from 9:00p.m. to 11 :00 p.m.; July 20 and 22, 2011, from 7:00 p.m. to 10:30 p.m.

.JJ CrossPoint Church, 14 Rhode Island Ave.: July 9,10, 13,22,23 and 24,2011, from 4:00 to 6:00 p.m. and from 7:00-8:00 p.m. on July 23 rd

.

.JJ The Elms, 367 Bellevue Ave.: July 8-12; July 14; July 17-24,2011, fromII :00 a.m. to 1:00 p.m.

.JJ The Elms Tent, 367 Bellevue Ave.: July 15,2011, from 2:00 p.m. to 4:00p.m. and 5:00 p.m. to 7:00 p.m.; July 16, 2011, from 1l:00 a.m. to 1:00p.m., from 2:00 p.m. to 4:00 p.m., and from 5:00 p.m. to 7:00 p.m.; July 17,2011, from 2:00 p.m. to 4:00 p.m.


lJ Newport Art Museum, 76 Bellevue Ave.: July 13 and 15,2011,from 11:00a.m. to 1:00 p.m.

lJ Salve Regina University, Ochre Court, 16 Ochre Point Ave.:July 11,12,14,18,19,20 and 21,2011, from 4:00 p.m. to 6:00 p.m.; plusfrom 6:00 p.m. to 7:00 p.m. on July 14th

, and from 6:30 to 8:30 p.m. on July21 st.

13) George Washington Institute for Religious Freedom/Loeb Visitors Center atTouro Synagogue, d/b/a "Moses Michael Hays Day"; July 10,2011, SidewalkMarch (route attached to application) from 2:00 p.m. to 3:00 p.m.; presentationin the Colony House, from 3:00 p.m. to 4:00 p.m.; July 11, 2011, presentationinside Colony House, from 5:30 p.m. to 6:30 p.m.

14) Redwood Library, d/b/a "The Grand Old Flag" Gala Fundraiser; RedwoodLibrary (outdoor, under tents), 50 Bellevue Ave., July 16,2011, from 6:30 p.m.to 11 :00 p.m.

15) REMOVED: Turning Around Ministries, Inc., d/b/a "And Still We Rise"Theatrical Presentation; Salve Regina University, O'Hare Academic Center,Ochre Point Ave.; July 16,2011, from 3:00 p.m. to5:30 p.m.

16) REMOVED: Arts & Cultural Alliance ofNewport County (by JohnHirschboeck), d/b/a Bridgefest Preview Party/Fundraiser

17) St. John the Evangelist Church, d/b/a St. John's Parish Aunual Summer fair;Church grounds at Washington and Willow Streets, July 30,2011, from 9:00a.m. to 2:00 p.m.

18) Channing Memorial Church, d/b/a Carillon Concert (performed on trailerparked on street adjacent to Touro Park and across from 135 Pelham St.; July31,2011, from 1:00 p.m. to 3:00 p.m.

19) REMOVED: Arts & Cultural Alliance of Newport County (by JohnHirschboeck), d/b/a "Arts Mingling at Bridgefest 2011"; aboard "Sea Fair"

20) REMOVED: Arts & Cultural Alliance ofNewport County (by JohnHirschboeck), d/b/a "George Wein & Guests at Bridgefest 2011";

21) Boys & Girls Clubs ofNewport County, d/b/a Dinner Dance; Rosecliff,Bellevue Ave., August 26, 2011, from 7:00 p.m. to Midnight

22) Bucket Regattas, LLC, d/b/a 2011 Newport Bucket Regatta/Sailboat Race;Newport Shipyard, 1 Washington St., August 26, from 9:00 a.m. to 11 :30 p.m.;August 27, from 9:00 a.m. to Midnight; August 28, from 9:00 a.m. to 11 :00a.m.

23) St. Joseph's Church, d/b/a Harvest Fair; St. Joseph's Church Hall, 5 MannAve., November 5, 2011, from 9:30 a.m. to 4:00 p.m.

24) Lillian Dick and Elizabeth Drayton, Co-Chairs, Washinron Square Roots,d/b/a "Patriotic 4th of July"; Washington Square, July 4t ,2011, from 9:00 a.m.to 2:00 p.m. (with walk from State Fishing Pier to Old Colony House, andNewport Community Band)

25) International Tennis Hall of Fame, d/b/a Keb'Mo' Benefit Concert for theInternational Tennis Hall of Fame & Museum; Newport Yachting Center, 4Commercial Wharf; July 10,2011, from 7:00 p.m. to 9:30 p.m.

b. Annual Bingo License, Dr. Martin Luther King, Jr., Community Center, 20 Dr.Marcus F. Wheatland Blvd.

c. Drain Layer License, Renewals:


1) All Island Landscape, Inc., 2829 East Main Rd., Portsmouth, RI2) Catalano Construction, Inc., 10 Nate Whipple Highway, Cumberland, RI3) DAR Construction and Services, 158 Moulton St., Rehoboth, MA4) East Coast Construction & Landscaping, Inc., 202 Chase Rd., Portsmouth, RI5) H. Lacerda Jr. Landscaping & Construction, 465 Oliphant Lane,

Middletown, RI6) Joseph C. Lopes II, 345 Mitchells Lane, Middletown, RI

d. Holiday Selling License, Susette Stewart, d/b/a Su Darius Salon, 59-1/2 Bellevue Ave.(new location)

e. Holiday Selling License, New, CNCC Holdings, LLC, d/b/a Active Sole, 16 Bowen'sWharf

f. Pedicab Operator License:1) Amelia Bronder-Giroux, 40 Sprague St., Malden, MA2) Annie Hamilton, 9 Price's Neck, Newport, RI3) Timothy P. Kircorian, 6 Jean St., Cumberland, RI4) Chris Lull, 87 Hanover St., Newbury, MA5) Harry Morrell, 42 Inkberry Trail, Narragansett, RI6) Patrick O'Neill, 305 Kane Ave., Middletown, RI7) Scott Pakenham, 3 Seneca Rd., Portsmouth, RI8) Sarah Thomas, 49 Columbia Ave., Cranston, RI9) Travis Wright, 56 Pelham St., Newport, RI

g. Tattoo License (operator/artist), Renewal, Captain Bret's Tattoo Shop, 2 Collins Street.h. Waste Hauler License, Renewals:

I) Allied Waste Services, 1080 Airport Rd., Fall River, MA2) Island Rubbish Service, 8 Swinburne St., Jamestown, RI3) Pasquazzi Bros., Inc./Heather Construction Corp., 464 Dyer Ave., Cranston, RI4) Roll-A-Way Disposal, 86 Knight St., Warwick, RI5) RPKK, Inc., P.O. Box 126, Woodriver Junction, RI

I. REMOVED: Communication from Felicidad Zeballos on behalf of the Spanishcommunity of St. Joseph's Church, asking permission to use Braga Park

J. Communication from George J. Botelho, Jr., 109 Second Street, asking permission toclose Second Street, between Sycamore St. and Van Zandt Ave., on July 23, 2011,from 4:00 p.m. to 8:00 p.m. for the neighbor-hood's Fifth Annual Block Party(Approve subject to details being worked out with the city administration)

k. Communication from Shawn J. Brown, Town Manager, Middletown, re: Notice ofIntention to Undertake Certain Permitted Actions on Plat 1078, Lots 4 and 556 (toplace a fence around Kempenaar Valley) (Approve)

I. Communication from Annette Bourbonniere, Chair, Accessibility AdvisoryCommittee, recognizing Gregg Grimshaw for his service as liaison to the committee.(Receive)

m. Claims: (Receive and refer to city solicitor)1) Newport Gas Light Company2) RDI Logistics, Inc.

COUNCILOR MC LAUGHLIN moved the Consent Calendar be adopted, with the exception ofItemsa-7, 15, 16, 19 and 20, and i. Seconded by COUNCILOR NAPOLITANO and VOTEDUNANIMOUSLY.

MINUTES OF THE COUNCIL MEETINGHELD JUNE 22, 2011PageS

a-6) Kitt Kites, d/b/a Newport Kite Festival; Brenton Point State Park July 9 and 10, 20 II,from 10:00 a.m. to 5:00 p.m.

COUNCILOR LEONARD said she had received a letter from the Castle Hill Association,representing 85 homes in the area of Brenton Point, as well as e-mails and telephone calls fromresidents, all in opposition to the Kite Festival. She said concerns from last year include a persondirecting traffic with vulgarities on the back of his tee shirt, campers illegally parked in the parkovernight, all kinds of items being sold in the park, and cars illegally parked everywhere, all of whichmade for chaos in the neighborhood. She also made note that five members ofDEM were observedat the park, but some spent the day in their air-conditioned trucks until DEM was notified.

RON KITT, applicant, responded that people camping had nothing to do with the Kite Festival, thoseworking at the Kite Festival wore staff shirts, staff personnel parking cars wore orange shirts, and theperson directing traffic with vulgarities on his shirt was not part of his organization. He said it is afamily-friendly event. He said he had only two vendors last year, Del's Lemonade, and a tent givingout free food and kites. He said a financial institute that was a sponsor of the event was also givingout free information. He said two speakers are placed in the far field and used for those who fly theirkites to music. CITY MANAGER EDWARD LAVALLEE noted that events occurring within thepark are under the control of the Department of Environmental Management, while parkingenforcement outside the park comes under the jurisdiction of the Newport Police Department. Henoted that the Police Chief has recommended two detail officers be hired for this year's event.COUNCILOR NAPOLITANO said she had attended the event the last couple of years and wasshocked at what she saw last year-about 20 vendors, which made it look like a flea market. MR.KITT responded that it would have been up to DEM to regulate that and noted that parkingmanagement and staff are in the park during the festival. COUNCILOR LEONARD stated that Mr.Kitt needed to hire DEM enforcement officers to keep things under control. MAYOR WALUK said itwould be unfair to have an event sponsor responsible for everything that goes on it the park; rather,DEM should be addressing the problem. MR. KITT said he had paid last year for aDEMenforcement officer. He said the weather durin% last year's event was not that great and questioned ifthe events that occurred were actually on July 4t

•

Following additional discussion, MAYOR WALUK moved the license be granted subject to twodetail officers being hired for traffic and parking control, the speakers' being faced towards the ocean,and a list of vendors being provided to the City. Seconded by COUNCILOR NAPOLITANO.



a-15) Turning Around Ministries, Inc., d/b/a "And Still We Rise" Theatrical Presentation;Salve Regina University, O'Hare Academic Center, Ochre Point Ave.; July 16,2011,from 3:00 p.m. to 5:30 p.m.

COUNCILOR DUNCAN recused himself.


MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO andVOTED UNANIMOUSLY.

a-16) Arts & Cultural Alliance ofNewport County (by John Hirschboeck), d/b/a BridgefestPreview Party/Fundraiser for Child & Family Services; aboard "Sea Fair" at Perry MillWharf, July 29, 2011, from 7:00 p.m. to 10:30 p.m.

COUNCILOR MC LAUGHLIN moved the license be approved with the amendments requested bythe applicant stating that the fundraiser would be for the benefit of the Arts & Cultural Allianceinstead of Child & Family Services, on July 29th with amended hours of 5:00 p.m. to 7:30 p.m.Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

a-19 Arts & Cultural Alliance of Newport County (by John Hirschboeck), d/b/a "ArtsMingling at Bridgefest 2011"; aboard "Sea Fair" at Perry Mill Wharf, August 1,2011,from 5:00 p.m. to 7:00 p.m.

COUNCILOR MC LAUGHLIN moved the application be withdrawn at the request of the applicant.Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

a-20) Arts & Cultural Alliance ofNewport County (by John Hirschboeck), d/b/a "GeorgeWein & Guests at Bridgefest 2011"; aboard "Sea Fair" at Perry Mill Wharf, August 3,2011, from 5:00 p.m. to 7:00 p.m.

COUNCILOR MC LAUGHLIN moved the application be approved, as amended at the request of theapplicant to state the hours of the event would be from 7:00 p.m. to 8:30 p.m. Seconded byCOUNCILOR NEVILLE and VOTED UNANIMOUSLY.

I. Communication from Felicidad Zeballos on behalf of the Spanish community of St.Joseph's Church, asking permission to use Braga Park for their anuual picnic, July 17,2011, from 12 Noon to 6:00 p.m.• Communication from Susan Cooper, Recreation Director, in support of the

request.

COUNCILOR MC LAUGHLIN said a neighbor of the park had asked if people using the park arerequired to properly clean up after their events. CITY MANAGER LAVALLEE, noting thatRecreation Director Susan Cooper had sent a letter of support for this event, said that she hadindicated that there have been some litter problems resulting from large families and gatherings andother informal uses of the park because of the limited number oftrash barrels; however, with cityapproved events all trash is removed from the park.

COUNCILOR MC LAUGHLIN moved the license be approved subject to details being worked outwith the city administration. Seconded by COUNCILOR NAPOLITANO and VOTEDUNANIMOUSLY.



2. Application for an Annual Public Entertainment License, Diego's Newport, LLC, d/b/aDiego's, 11 Bowen's Wharf (Second Hearing)

MAYOR WALUK moved the license be approved. Seconded by COUNCILORNAPOLITANO andVOTED UNANIMOUSLY.

3. Application for a Victualing License, New, Crazy Dough Newport, LLC, d/b/a Crazy Dough'sPizza, 446 Thames St.

MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO.

COUNCILOR LEONARD cautioned that people should not congregate on the sidewalk or blocktraffic while waiting to get inside, which could result in a show·cause hearing.

The motion to grant the license was UNANIMOUSLY APPROVED.

COMMUNICATIONS AND PETITIONS

4. Communication from Hank Kniskern, Chair, Waterfront Commission, re: CommissionInitiative to review Harbor Ordinances with subsequent recommendations.

HANK KNISKERN commented that all of the ordinances and the Harbor Plan are being thoroughlyreviewed to eliminate any discrepancies, as well as any conflicts with CRMC stipulations. He saidsome changes to the mooring regulations might also be recommended. He suggested that once reviewis complete a public workshop would be in order.

MAYOR WALUK moved the communication be received. Seconded by COUNCILOR WINTHROPand VOTED UNANIMOUSLY.

5. Communication from Andrew Montelli, 14 Seaview Ave., and Douglas G. Hancher, 16Seaview Ave., re: Placing Existing Aerial Utility Lines Underground at the Western End ofSeaview Ave.

DOUGLAS HANCHER, 16 Seaview Ave., said all of the work would be done at the residents'expense.

MAYOR WALUK moved the request be received and referred to the city administration to work outthe details. Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

6. Communication from Scooter World, LLC, requesting permission to use a section ofthe AnnStreet Pier for Jet Ski rentals.

ROBERT BIDLACK, representing Scooter World, LLC, said he was seeking to rent a portion of theAnn Street Pier for jet ski moorings and overnight storage.

MINUTES OF THE COUNCIL MEETINGHELD JUNE 22, 201 IPage 8

COUNCILOR MC LAUGHLIN asked for the Harbor Master's recommendation. CITY MANAGERED LAVALLEE responded that the Harbor Master had no problem with granting the request.COUNCILOR LEONARD said she had concerns about liability and insurance issues and said shewould like the request referred to the Waterfront Commission. COUNCILOR WINTHROPresponded that it would be up to the Council to make the decision, not the Commission.COUNCILOR NEVILLE expressed concern about jet skis operating in Newport Harbor. MAYORWALUK said he was also concerned about public access as this would limit access to the Pier. Hesaid he would like a contract in front of the Council before voting on the matter. COUNCILORWINTHROP suggested approving the request subject to details being worked out with the cityadministration. MAYOR WALUK disagreed, stating there first should be a contract to review. CITYMANAGER LAVALLEE responded that a contract would be prepared and submitted to the Council.

MAYOR WALUK moved the matter be referred to the city administration for development of acontract that would be brought back to the Council for consideration. Seconded by COUNCILORMC LAUGHLIN.

VOTE: In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLIN,NAPOLITANO and WINTHROP.

Opposed - COUNCILORS LEONARD and NEVILLE.

7. APPOINTMENTS TO BOARDS AND COMMISSIONS

MAYOR WALUK moved COUNCILOR MC LAUGHLIN be reappointed and COUNCILORWINTHROP be appointed as the council liaisons to the Newport Regional School District PlanningCommittee. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

MAYOR WALUK moved Alexandra Allardt be appointed to the Hospitality Commission.Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

MAYOR WALUK moved Daniel T. Christina and Ken M. Nomiyama be appointed to the Tree andOpen Space Commission. Seconded by COUNCILOR MC LAUGHLIN and VOTEDUNANIMOUSLY.

MAYOR WALUK moved Alternate Member Gregory Yalanis be raised to full membership on theZoning Board of Review. Seconded by COUNCILOR MC LAUGHLIN and VOTEDUNANIMOUSLY.

MAYOR WALUK moved Lynn Ceglie be appointed to the Zoning Board of Review. Seconded byCOUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

MAYOR WALUK moved Rebecca McSweeney be reappointed Chair of the Zoning Board ofReview. Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.


ORDINANCES

8. Amending Chapter 5.97.280 of the Codified Ordinances to prohibit the use of pedicabs onMemorial Blvd. West, between 2:00 a.m. and 6:00 p.m., and on Franklin Street.

MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILORMC LAUGHLIN and VOTED UNANIMOUSLY.


9. Communication #4864/11, re: 2009 Assistance to Firefighters Grant, 800MHz RadioEquipment


10. Communication #4865/11, re: Amendment to Chapter 5.46 of the Codified Ordinances,entitled, "Farmer's Market"

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingordinance adopted on first reading. Seconded by COUNCILOR NAPOLITANO and VOTEDUNANIMOUSLY.

11. Communication #4866/11, re: Grant Support - Morale, Welfare & Recreation at Naval StationNewport


COUNCILOR NAPOLITANO thanked both Recreation Director Susan Cooper for securing the grantand the Navy for having the concert; and, citing Ms. Cooper's upcoming retirement, said she wouldbe missed. She noted that Ms. Cooper had secured numerous grants, not only for the RecreationDepartment but for the School Department as well.

The motion to approve was VOTED UNANIMOUSLY.

12. Communication #4867/11, re: Authorization Amendment #4, Professional Services as CityAdvisor for Water Treatment Plan Improvements-Project #08-028


In response to questions from COUNCILOR LEONARD, CITY MANAGER LAVALLEE said thiswas the fourth amendment to the original contract that was negotiated in 2008, at which time it hadbeen explained that there would be five phased-in steps. COUNCILOR LEONARD said she wouldrather have seen the work go out to bid in an attempt to secure a better price.

)




7:29 P.M. COUNCILOR MC LAUGHLIN moved the Council recess and convene as the Board ofLicense Commissioners. Seconded by COUNCILOR WINTHROP and VOTEDUNANIMOUSLY.

)

7:30P.M.

8:29P.M.

COUNCIL RECONVENED. COUNCILOR MC LAUGHLIN moved the Council returnto Executive Session in Room 232A. Seconded by COUNCILOR WINTHROP andVOTED UNANIMOUSLY.

COUNCILOR MC LAUGHLIN moved the Council return to open session, at which timehe moved the Minutes'be sealed, and the Council adjourn. Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.


CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCILREMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITHORDINANCES #31-80 AND #98-40.)

)

1.

2.

Class F Daily Liquor License:a) Rose Island Lighthouse Foundation, d/b/a Fourth of July Barbeque; Rose Island, July

4,2011.b) Class F Daily Liquor License, S1. John the Evangelist Church, d/b/a Annual Summer

Fair, July 30, 2011.Class F-1 Daily Liquor License:a) Sail Newport, Inc., d/b/a The Newport Regatta; Fort Adams State Park, July 8 - 10,

2011.b) Rhode Island Arts Foundation at Newport, Inc., d/b/a Newport Music Festival:

f,I The Breakers, 44 Ochre Point Ave.: July 10,11, 12, 17, 18, 19,2011, from 8:00 pm.to 10:00 p.m.; July 8, 9,14,15,16,21,23,24,2011, from 9:00 p.m. to 11:00 p.m.;July 20 and 22, 2011, from 7:00 p.m. to 10:30 p.m.

f,I The Elms, 367 Bellevue Ave.: July 8-12; July 14; July 17-24, 2011,from 11:00a.m. to 1:00 p.m.

f,I The Elms Tent, 367 Bellevue Ave.: July 15,2011, from 2:00 p.m. to 4:00 p.m. and5:00 p.m. to 7:00 p.m.; July 16, 2011, from 11:00 a.m. to 1:00 p.m., from 2:00 p.m.to 4:00 p.m., and from 5:00 p.m. to 7:00 p.m.; July 17,2011, from 2:00 p.m. to4:00p.m.

f,I Newport Art Museum, 76 Bellevue Ave.: July 13 and 15,2011, from 11 :00 a.m. to1:00 p.m.

MINUTES OF THE COUNCIL MEETINGHELD JUNE 22,2011Page 11

~ Salve Regina University, Ochre Court, 16 Ochre Point Ave.:July 11, 12, 14, 18, 19,20 and 21, 2011, from 4:00 p.m. to 6:00 p.m.; plus from6:00 p.m. to 7:00 p.m. on July 14th

, and from 6:30 to 8:30 p.m. on July 21 st.

CHAIRMAN WALUK moved the Consent Calendar be adopted. Seconded by COMMISSIONERWINTHROP and VOTED UNANIMOUSLY.

7:30 P.M. COUNCILOR MC LAUGHLIN moved the Board of License Commissioners adjour andthe Council reconvene. Seconded by COUNCILOR WINTHROP and VOTEDUNANIMOUSLY.



HELD JULY 13, 2011

The following items of business, filed with the City Clerk under the Rules of the Council, camebefore the Council at its regular meeting held on July 13,2011.

The MAYOR called the meeting to order at 6:30 p.m.


CHARLES Y. DUNCANKATHRYN E. LEONARDJUSTIN S. MC LAUGHLINJEANNE-MARIE NkPOLITANO


CITIZEN'S FORUM:

JOHN HIRSCHBOECK, 410 Gibbs Ave., commented on the activities of the Third AnnualBridgeFest that will be held from August 1 through August 4, 2011.

1. PUBLIC HEARING: Aquidneck Island Reuse Planning Authority RecommendationNavy Hospitala. Communication #4868 from the City Manager, re: Navy Hospital-AIRPA

Reuse Plan Recommendation (with accompanying resolution)b. Resolution ofthe Town of Middletown endorsing the plan of AIRPA for the

conveyance and reuse of Navy surplus lands in the Town of Middletown.

WILLIAM CORCORAN, JR., of the Newport Redevelopment Agency said the plan had beenreviewed extensively by the Agency and it is their recommendation that, in addition to there being aneconomic benefit conveyance, there also be a public benefit conveyance, which would include twoacres of land for a public park and the three acres of submerged land for a marina or public use. Hesaid the economic development conveyance would be a collaboration between BRAC and the City sothat the City could get funding at a reduced rate and when the City sells the land, the proceeds wouldbe shared with BRAC. He said it would also give the City control over the use of the property.

COUNCILOR MC LAUGHLIN moved the public hearing be closed. Seconded by COUCILORNAPOLITANO and VOTED UNANIMOUSLY.

MAYOR WALUK moved the communication be received and the resolution adopted. Seconded byCOUNCILOR MC LAUGHLIN.

COUNCILOR MC LAUGHLIN moved the resolution be amended to reflect both a public benefitconveyance and an economic development conveyance. Seconded by COUNCILOR NAPOLITANOand VOTED UNANIMOUSLY.

The resolution, as amended, was UNANIMOUSLY ADOPTED.

MINUTES OF THE COUNCIL MEETINGHELD JULY 13,2011Page 2

2. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCILREMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #3180 AND #98-40.)

a. Minutes of the May 25, 2011, Council Meeting, (Approve)b. Special Event Licenses:

I) REMOVED: David Lester, Expoships GP Inc., d/b/a Art Newport2) Rose Marie Kane, d/b/a Building Fundraiser; Newport Elks Lodge, 141 Pelham

St., July 23, 2011, from 1:00 p.m. to 8:00 p.m.3) Bailey T's Resortwear, d/b/a "Public Band Concert Celebrating 2nd

Anniversary of Bailey T's (in conjunction with Bridgefest); Long Wharf Mall,August 1,2011, from 6:30 p.m. to 7:30 p.m.

4) Boys Town New England, Inc., d/b/a 2011 Spirit of Youth/Fundraising Event;Easton's Beach Rotunda Ballroom, October 6, 2011, from 5:00 p.m. to 10:00p.m.

5) Mary Ann Martin, d/b/a Unique Boutique Craft Fair; Easton's Beach Rotnnda,November 12 & 13,2011, from 10:00 a.m. to 4:00 p.m.

c. Food Concession License, St. John's Church, d/b/a Summer Fair; St. John's Churchat Washington and Willow Streets, July 30, 2011, from 10:00 a.m. to 2:00 p.m.

d. Drain Layer License, Renewals:I) Aquidneck Construction, Inc., 45 Lehigh Terrace, Portsmouth, RI2) Mello Construction Co, Inc., 87 Beacon St., Middletown RI3) Narragansett Improvement Co., 223 Allen's Ave., Providence, RI

e. Holiday Selling Licenses, New:I) Bunnies Unlimited LLC, d/b/a Sequin, 182 Bellevue Ave.2) Curtis Barton, d/b/a Old Man & The Sea, 99 Spring St.3) Palm Beach Apparel Group, Inc., d/b/a Charlotte Kellogg, 206 Bellevue Ave.

f. Holiday Selling License, Renewals:I) Gregory Jordan & Andrew Borer, d/b/a House of Scrimshaw and Gifts, 132

Thames St.2) Gregory Jordan & Andrew Borer, d/b/a Newport Best Tee Shirts, Sweatshirts,

Souvenirs, 107 Swinburne Row3) Gregory Jordan & Andrew Borer, d/b/a New Store, The, 101 Swinburne Row4) Gregory Jordan & Andrew Borer, d/b/a T Shirt Town, 182 B Thames St.5) Gregory Jordan & Andrew Borer, d/b/a Souvenir Stop, The, 115 Swinburne

Row6) Gregory Jordan & Andrew Borer, d/b/a Souvenir Stop II, The, 359 Thames St.

UnitF2g. Pedicab Operator License:

I) Brandt Genga, 37 Connection St., Newport, RI2) Kevin Joyner, 31 East Bowery St., Newport, RI3) Mark Lennon, 202 Pasquisett Tr., Charlestown, RI4) William Oberg, 13 Chapel St., Newport, RI5) Alyson Rego, 103 Hezekiah Court, Warren, RI6) Brandon Ruggiero, 676 Thames St., Newport, RI7) Robert W. Thompson, 80 Crosswynds Dr., Saunderstown, RI8) Steven Wilhelmsen, 6 Whitwell Ave., Newport, RI

h. Waste Hauler License, Renewals:I) ABC Disposal Service Inc., 1245 Shawmut Ave., New Bedford, MA


2) Coastal Recycling Inc., 761 Great Rd., North Smithfield, RI3) M & M Disposal, 46 Shun Pike, Johnston, RI4) MTG Disposal, 19 Industrial Way, Seekonk, MA.5) TLA Providence, LLC, 1 Dexter Rd., East Providence, RI6) Waster Haulers, LLC, PO Box 19755, Johnston, RI 029197) Waste Management ofRI Inc., 65 Halsey St., Newport, RI

I. REMOVED: Communication from CRMC, re: Notice ofIntentJ. Communication from Jill Davidson, Festival Director, Newport Festivals Foundation,

Inc., re: permission received from DEM to operate a second Food & Beverage Gardenduring the 2011 Newport Folk & Jazz Festivals (Approve)

k. REMOVED: Communication from The Valet Connection, Inc., asking permissionfor a second valet podium on Thames St., between South Baptist St. and DearbornStreet (No. 485 - No.494 Thames St.; current podium located at 509 Thames St.).(Approve subject to details being worked out with city administration.)

1. REMOVED: Communication from Robert M. Silva, Esq., re: petition of St. Clarem. REMOVED: Communication from Vanasse Hangen Brustlin, Inc.n. Communication from Donald O. Ross, Chairman, The Preservation Society of

Newport County, endorsing the initiative proposed by Newport resident Elizabeth deRamel regarding the straightening ofthe North East corner of Bellevue and RovenskyAvenues. (Receive)

o. Communication from U.S. Senator Jack Reed, re: update on proposed constructionby Hess LNG/Weavers Cove Energy marine terminal in Mount Hope Bay. (Receive)

p. Claims: (Receive and refer to city solicitor)1) Lauren Bianco2) Newport Gas Light Co.3) Ernesto Basset4) Tami Zeigler5) Yvette Hammond6) Ellen O'Brien

MAYOR WALUK moved the Consent Calendar, with the exception of Items b-l, i, k, I and m, beadopted. Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

b-l. David Lester, Expoships GP Inc., d/b/a Art Newport Aboard SeaFair; Perry MillWharf, from 1:00 p.m. to 10:00 p.m.:

a. July 14-28,2011b. July 29-August 12,2011c. August 13-26, 2011d. August 27-September 5, 2011

MAYOR WALUK moved the licenses be approved. Seconded by COUNCILOR WINTHROP.

COUNCILOR DUNCAN said he could not support the licenses because the activities are in directcompetition with local businesses and it would be setting a precedent.

DAVID LESTER, owner and CEO of SeaFair/ArtNewport, thanked the Council for granting the twoweek trial period. He said the food and beverages, provided by a local caterer, are an amenity to the


art exhibit and on an average day less than 50 alcoholic beverages have been sold, and an average of12 to 15 lunches, most of which are purchased by exhibitors. He asked that the Council allow him tocontinue through the summer. He said in addition to the caterer's Class P liquor license, he hadreceived a Class G from the State of RI because the purpose of the ship is interstate commerce.

CITY SOLICITOR JOSEPH 1. NICHOLSON, JR., pointed out that the State Department of BusinessRegulations controls the Class P and Class G liquor licenses; however, the City has jurisdiction overSpecial Event Licenses and the ability to impose reasonable conditions.

COUNCILOR NAPOLITANO said she had a problem with granting the licenses and questioned whythe applicant, who at other locations stays only three or four days, wants to remain all summer inNewport. She said she had heard from many of the downtown businesses that have been struggling.She asked how the business makes money if it is not from food and beverages. MR. LESTERresponded that the business's profit is made through the rental of exhibit space. He noted that it ispart of a global network of trade fairs, and he was not here to skim business from the local merchants.He said Newport was chosen because it is centrally located and a great place for people to visit.

BART DUNBAR, owner of Bowen' s Wharf, said SeaFair is competing with him because he alsorents space and pays over $150,000 in taxes. He said it is not a level playing field and would beprecedent-setting.

TONY GILL, owner of an art gallery on Bowen's Wharf, said May and June were record-breakingmonths for his business, but if the SeaFair is allowed to remain it will put him out of business.

ANNETTE BOURBONIERRE, Chair, Accessibility Advisory Committee, asked ifSeaFair wereaccessible because e-mailsshehadsentwentunanswered.MR. LESTER responded that every effortwould be made to accommodate everyone who wants to board the ship.

SARAH GILL, gallery owner on Bowen's Wharf, said she has reviewed all the information, andasked how many of those visiting the ship are paying since there appear to be free boarding ticketseverywhere. She said Newport does not need more visitors in the summer and suggested the shipcome in September or March when more visitors are needed. She said her business would not surviveif SeaFair remains for the summer.

KAREN ROARKE of Middletown, member of the Arts & Cultural Alliance, said she has had theopportunity to exhibit on board SeaFair and, while she did not have many sales, it was very gratifyingas it brings out people from all over and gives local artists great exposure. She said SeaFair isdrawing people downtown, it is a cultural event and the plank should not be pulled up.

STEPHANIE SCHMIDT said she understood the perspectives of the local businesses and restaurantsbecause the cost of infrastructure improvements must be borne by the residents and year-roundbusinesses.

BARBARA FENTON, 8 Dennison St., spoke in favor the licenses. She said the art work is what onewould see in major cities and she believed that because it is a new and innovative concept it haspeople concerned; however, the City should not be stuck in the past.

MINUTES OF THE COUNCIL MEETINGHELD JULY 13,2011PageS

GEREMIE CALLAGHAN, owner of Fluke Wine Bar & Kitchen, said SeaFair should visit inSeptember or March because she didn't believe Newport could handle 300 more visitors a day, whichwould increase traffic congestion.

MARTHA MARIE GROGHAN, owner of a small business, said SeaFair has enjoyed the benefit of aSpecial Event License in Newport for two weeks; but allowing the ship to remain through the summergoes beyond the scope of a Special Event License.

TINA DOLEN, 58 Washington Street, said, given the size of the ship, it should be in New York as itdoes not fit well with the charm ofNewport.

COUNCILOR WINTHROP said while he would propose an amendment, he was baffled with thosewho say more people aren't needed in Newport and pointed out that it is the business of the NBCCVBto bring in visitors. He pointed out that if Mr. Lester was conducting his business on land he couldhave gotten a Transient Trader License at a cost of $350 for three months and without having toappear before the Council. He said given the number of days the ship would be here he would bepaying five times that amount with the Special Event Licenses. He also noted that Parascondola andCasey's marinas are receiving significant rental money, 40 people have been employed, sales tax isbeing paid, and a local business is operating the food and beverage aspect.

COUNCILOR WINTHROP moved the license be amended to allow operation from 1:00 p.m. to10:00 p.m. for the art exhibit, and from 1:00 p.m. to 8:30 p.m. for food and alcohol, with therestaurant to close by 7:30 p.m. Seconded by COUNCILOR NEVILLE.

COUNCILOR MC LAUGHLIN pointed out that the amendment would expand the operation of therestaurant. MR. LESTER said the restaurant closes at 3 p.m. except for private parties.

COUNCILOR WINTHROP withdrew his original amendment and moved the license be amended toprovide that sale of alcoholic beverages stop at 8:30 p.m., with other provisions on the applicationremaining the same. Seconded by MAYOR WALUK.

MAYOR WALUK spoke in support of the amendment. COUNCILOR NAPOLITANO spoke inopposition.

VOTE ON THE MOTION TO AMEND:

In favor - MAYOR WALUK; COUNCILORS LEONARD, MC LAUGHLIN, NEVILLE,And WINTHROP.

Opposed - COUNCILORS DUNCAN and NAPOLITANO

COUNCILOR MC LAUGHLIN said it is inequitable because laws were not in place when the shiparrived that would address a seasonal license. He said SeaFair provides an opportunity to trysomething different and he did not believe that it would cause more harm than good. He said it wouldattract visitors who won't be out arguing on the street with the police at I :30 in the morning. He saidif SeaFair brings in 300 people a day, they would be people who are going to spend money andcontribute to the local economy.

MINUTES OF THE COUNCIL MEETINGHELD JULY 13, 201IPage 6

VOTE ON THE LICENSES AS AMENDED:

In favor - MAYOR WALUK; COUNCILORS LEONARD, MC LAUGHLIN, NEVILLE,And WINTHROP.

Opposed - COUNCILORS DUNCAN and NAPOLITANO

I. Connnunication from CRMC, re: Notice of Intent to change the management plans,policies, procedures and regulations. (Receive)

COUNCILOR LEONARD noted that the communication was received on June 10th, after the June

22nd docket had been published, and calls for a written response by July 12'h. She said there is asignificant change which she did not support with regard to "Redbook" Section 300A-RecreationalBoating Facilities, C.2, whereby the CRMC Executive Director or the Deputy Director will make adetermination as to whether or not an application would go before the full CRMC.

COUNCILOR LEONARD moved that the city administration send a letter to CRMC requestinglonger periods of time in which to respond to these notices so that the Council would have anopportunity to review proposed changes and, if wananted, submit written responses. Seconded byMAYOR WALUK and VOTED UNANIMOUSLY.

k. Communication from The Valet Connection, Inc., asking permission for a second valetpodium on Thames St., between South Baptist St. and Dearborn Street (No. 485 NoA94 Thames St.; cunent podium located at 509 Thames St.). (Approve subject todetails being worked out with city administration.)

CITY MANAGER EDWARD LAVALLEE commented on his memo to Council asking that theoriginally-approved plan for valet parking be undertaken before any expansions are granted. Hepointed out that the new plan would eliminate parking spaces on Thames Street. Discussion on theuse of the Emmanuel Church parking lot followed, wherein CITY MANAGER LAVALLEE said theChurch has been renting out spaces, as do other churches; however, that use needs to go before theZoning Board for approval before it can be approved by the Council.

MAYOR WALUK moved that the communication be withdrawn at this time. Seconded byCOUNCILOR NAPOLITANO.

COUNCILOR MC LAUGHLIN said the idea of valet parking is to facilitate people getting to andfrom businesses and the City should do everything possible to help the business because it will getcars offthe street.

The motion for withdrawal of the connnunication was VOTED UNANIMOUSLY.

I. Communication from Robert M. Silva, Esq., transmitting petition of St. Clare Home toimprove and expand its facility by amending Section 17.08.010 of the ZoningOrdinance, "Definitions" to add "Convalescent Homes and Rest Homes," andamending Section 17.100.040 of"Development Standards" to add Paragraph E.

MINUTES OF THE COUNCIL MEETINGHELD JULY 13, 2011Page 7

(Receive, refer to Planning Board, and order advertised for hearing at August 10, 2011,council meeting)

MAYOR WALUK, noting that State Law and the City Code require that the petition be forwarded tothe Planning Board, moved the communication be received and the petition be forwarded to thePlanning Board, and the proposed zoning amendments be advertised for hearing on August 10, 2011.Seconded by COUNCILOR WINTHROP.

COUNCILOR DUNCAN objected, stating that the Zoning Board had spent a great deal oftimereviewing a similar petition and made a decision to deny the changes based on the merits of the law.He said it would be up to the applicant to now go to Superior Court to appeal the Zoning Board'sdecision, not to come before the Council.

COUNCILOR LEONARD said the petition is problematic and wrenching. She said she knows theimportance ofSt. Clare's Home; however, the proposed language would affect all three convalescentand rest homes in Newport that existed before 1976. She said that while she empathizes with St.Clare's, this process is not following the rules as she knows them. She said if St. Clare's had come tothe Council before going to the Zoning Board she would not be bothered by the petition; however,now she believed it should go to Superior Court on appeal.

ROBERT LOBECKER said his daughter owns a house on Dennison Street and there are 50 abutterswho are opposed to the expansion of St. Clare's. He said the petition before the Council is a clearattempt to end-run the Zoning Board's decision. He said they all want St. Clare's to stay, but theyjust want it to be smaller than what they are proposing.

CHRISTOPHER BOYLE, ESQ., Chair of the St. Clare's Advisory Board, said that based on theZoning Board's denial of the petition they could file an appeal to Superior Court; however, they havebeen advised that it could take one and one-half to two years in Superior Court, and longer ifit goesto the Supreme Court. He said St. Clare's doesn't have that time because of financial constraints. Hesaid St. Clare's has been a part of the community for 80 years and has never before asked foranything; however, they now need relief or they will not survive. He asked that the Councilparticipate in helping to keep St. Clare's, and made note that bringing the petition before the Councilwas a proper process because any citizen has the right to petition for a change to the ordinance.

COUNCILOR LEONARD responded that she would like to see ifthere could be assistance in gettingthe matter expedited in Superior Court because she believed that would be the correct process.ATTORNEY BOYLE said he would address that issue when it comes before the Council.

KRISTYN MEADE said the neighborhood was opposed to the expansion as it would be spot zoning.

BARBARA SIMMONS said it would be wrong to not stop the process here because she believed itwould be allowing St. Clare's to go through the back door.

VOPTE ON THE MOTION to refer to the Planning Board and order advertised for hearing onAugust 10,2011:

In favor - MAYOR WALUK; COUNCILORS MC LAUGHLIN, NAPOLITANO,NEVILLE and WINTHROP.


Opposed - COUNCILORS DUNCAN and LEONARD.

m. Communication from Vanasse Hangen Brustlin, Inc. re: Draft TechnicalMemorandum Horizontal Curve Review, 205 Ocean Drive (Receive and refer to cityadministration)

COUNCILOR LEONARD spoke on behalf of the property owner's request to have the pole removedby his driveway at 205 Ocean Ave., noting that she had been advised that there have only been twoaccidents in the past few years and both were during daylight, so the streetlight had no bearing onpublic safety. She said she would like the administration to take this under advisement and provide arecommendation at the next council meeting. MAYOR WALUK suggested it be by resolution.

COUNCILORMC LAUGHLIN moved the communication be received. Seconded by COUNCILORNEVILLE and VOTGED UNANIMOUSLY.


3. Application of Mermaids Newport, LLC, d/b/a Poor Richard's-Benjamin's, 254 Thames St. toexpand its Victualing License by approximately 243 sq. ft. to an outdoor third-floor deck (inconjunction with expansion of its Class BV liquor license (Continued from May 25, 2011)

MAYOR WALUK moved the license be approved, subject to the conditions imposed by the ZoningBoard. Seconded by COUNCILOR WINTHROP.

PAUL BOARDMAN, applicant, said he was fine with the imposition of the Zoning Board'srestrictions. COUNCILOR LEONARD said she was not opposed to the expansion as long as thezoning board restrictions are monitored.

The motion was VOTED UNANIMOUSLY.

COMMUNICATIONS AND PETITIONS

4. Communication from Michael Guinan, President, 360 Marketing & Events, LLC & NewportWineFest requesting use of Easton's Beach parking lot on August 20 and 21, 2011 to provideparking for patrons ofthe Newport WineFest event being held at the Newport YachtingCenter.

MAYOR WALUK, noting there would be no reserved parking and those using the parking lot wouldpay the full parking fee, moved the communication be received. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.

5. Communication from Robert Bidlack asking permission to conduct ajet ski rental business atKing Park Beach.

MAYOR WALUK moved the applicant's request to withdraw his request be approved. Seconded byCOUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.


RESOLUTIONS

6. Requesting the City ofNewport assume responsibility for repair of Dexter St. in conjunctionwith construction ofthe Pell School- J. McLaughlin, S. Waluk, J. Napolitano, C. Duncan

COUNCILOR MC LAUGHLIN introduced the resolution and moved for its passage. Seconded byMAYOR WALUK.

COUNCILOR LEONARD asked if Community Development Block Grant funds could be set asideand used for the road repairs. CITY MANAGER EDWARD LAVALLEE responded that somefunding was already approved and the remaining portion of the roadway the City can fund.

The motion was UNANIMOUSLY ADOPTED.

ORDINANCES

7. Amending Chapter 5.46.20 of the Codified Ordinances, entitled, "Farmers Market," to expandthe definition of Producer.

MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILORWINTHROP and VOTED UNANIMOUSLY.


8. Memorandum from the City Manager, re: Request for Jet Ski Rental Business at the AnnStreet Pier.

COUNCILOR MC LAUGHLIN moved the communication be received. Seconded by COUNCILORWINTHROP and VOTED UNANIMOUSLY.

9. Communication #4869/11, re: Intersection Improvements - Bellevue Avenue at RovenskyAve.


10. Communication #4870/11, re: Freebody Park Sports Lighting Improvements

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

11. Communication #4871/11, re: Award of Contract for Construction Inspection - WashingtonSquare, Phase 3



12. Communication #4872/11, re: Extension of Sole Source Purchasing Designation - Mutt MittSupplies


13. Communication #4873/11, re: National Grid Petition-Eustis Avenue, Relocation of ExistingPole because ofNew Driveway; Removal of Pole and Street Light on Catherine Street.


COUNCILOR LEONARD moved the motion be amended to provide that the old pole be removedwithin 90 days of completion of the transfer ofthe lines. Seconded by MAYOR WALUK andVOTED UNANIMOUSLY.

The motion, as amended, was VOTED UNANIMOUSLY.

8:24 P.M. RECESSED AS COUNCIL AND CONVENED AS BOARD OF LICENSECOMMISSIONERS

8:28 P.M. RECONVENED AS COUNCIL. COUNCILOR MC LAUGHLIN moved the Councilmeet in Executive Session in the Conference Room, pursuant to RIGL Section 42-46-5,Purposes for Which Meetings May Be Closed, Paragraphs (a)(l) Personnel Matters and(a)(2) Pending Litigation, to discuss the pending vacancy in the position of City Manager,and Environment Rhode Island, eta aI, v. City ofNewport. Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.

8:40 p.m. MAYOR WALUK moved the council convene in open session, and which time he movedthe Minutes ofthe Executive Session be sealed, and the Council adjourn. Seconded byCOUNCILOR WINTHROP and VOTED UNANIMOUSLY.



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

a. Class F Daily Liquor License, Visiting Nurse Services ofNewport & Bristol Counties,d/b/a "Changing Shoes"; Casino Theatre, 9 Freebody St., July 28,2011 from 6:30 p.m.to 9:30 p.m.

b. Class F-l Daily Liquor License, Boys Town New England, Inc., d/b/a 2011 Spirit ofYouth Fundraising Event; Rotunda Ballroom, October 5, 2011 from 6:00 p.m. to 9:00p.m.

c. Communication from La Salle Hotel Properties, re: change in officer for La SalleHotel Lessee, Inc. (receive and make part of the file)

CHAIRMAN WALUK moved the Consent Calendar be adopted. Seconded by COMMISSIONERWINTHROP and VOTED UNANIMOUSLY.


2. Application of Mermaids Newport, LLC, d/b/a Poor Richard's-Benjamin's, 254 Thames St.,first and second floors, to expand the licensed premises of its Class BV alcoholic beveragelicense by approximately 243 square feet to an outdoor third-floor deck. (Hearing; continuedfrom May 25, 2011)

CHAIRMAN WALUK moved the hearing be closed and the expansion be approved subject to therestrictions imposed by the Zoning Board. Seconded by COMMISSIONER NEVILLEE and VOTEDUNANIMOUSLY.

8:28 P.M. COUNCILOR MC LAUGHLIN moved the Board of License Commissioners adjourn andthe Council reconvene. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.


City ofNewport, Rhode IslandAPPLICATION FOR A SPECIAL EVENT LICENSE

DATE: 2\_?-_O_\\-l..>..\ _

EVENT TITLE/TYPE:

LOCATION OF EVENT:

Date(s) of Event:

Hours of Event:

Holder of Event & DBA:

Printed Name: It L.\'2..A9>'C..~~ G o'OOA-~<:::> Title: ~,,!;;.'-- Dd?.IS.-C\,o

Address ofHolder of Event: I'1-6 ~~ LL E-\J u~ ,A-'>Jfii:-..

Business Telephone: I ttl:)' lBi'i:> 62..66 Residence Telephone: 1 _

Is Organization Non-Profit? GE.<;. Is Organization Religious? I,-~_o -,Is there a charge for admission? I~"!§3J I

~Q.."-' PI-\' f"-Is event to be on City, State, or Private Property? L_'--'='---'-'--'--'=- _

Name ofProperty Owner of Event Site: I EI-\'"2.4Q,. E.."\' ~ CeQSignature of Property Owner: I G-Qcza fb..rt-i::fZ ~..(IJ;,I/..~l;&.~(f_";dQ..=~"" _

Printed Name of Property owner:1 E L \2-4~ E""l" -A G~~ .....o...c:::.

Signature of Holder of Event:

Will Event be Indoors or Outdoors?(Include Plan)

EVENT HOLDER ~E'-Vel)R' ,AR~ M0~l::V~APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

If Outdoors, will toilet facilities be provided?

If so, location of toilet facilities:(Include on plan)

Will a tent be erected?(Include on plan)

COPY OF TENT PERMIT MUST BE ATTACHED.

Expected Attendance:

Is parking available:

Seating Capacity: 1---'1c:=I2>:.:s'-- _

For how many vehicles? l...cs=-c_:> _

CONCERT I ~D Is staging or platform required? Amplification?

List types of musical instruments:

1 ----

DANCE DEEJAY I \.)0 Amplification: I ---J

SPORTING EVENT I '\.1 0 Type: ISet-up Dates (Sporting events only):

PLAY I \';l () If yes, what type:

Will there be animals? I__---J

Type: I

CIRCUS

OTHER (describe) I------;==;=============~

Are required approvals attached, e.g., State, Recreation Dept,? '--_~-\So~S"-------------

CARNIVAL I_~_>.l_"_--J

If yes, types of animals: ,-----------------------------

SHOW OR EXHIBITION: I'{'"""=-----~~~~~~~==========

Is a street closing being requested? ~t::>===========;------.JWill food be prepared on the premises? =\.l='=o==;- _

If so, is Health Dept. Inspection Approval attached?

EVENT HOLDER ~l:-yJh~:\'A~\ ~U?£.JN\APPLICAnON FOR A SPECIAL EVENT LICENSE

(Page 3)

LSI e.S

D~s

1

If yes, will you be applying for a Class F or F-l Liquor License?

If not, will another's license be used?

Ifso, whose? IL- ---J

Will LIQUOR be served?

Will there be gambling, e.g., bingo, raffle, etc.? I .~ 0 1 Do you have State Police Approval? IL__..J

List Names of Vendors Item to be Furnished

For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic have Newport Fire Marshal approval?

Location from where fireworks will be shot:

Time fireworks will begin: 1'-- _ Duration: ,'- _

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.

ROAD RACE, WALK-A-THON, ETC.\.'!~on Roadway(s) c:::J On Sidewalk(s) c::::::JHas notification been made to residents along the route? _Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

City ofNewport, Rhode IslandAPPLICATION FOR A SPECIAL EVENT LICENSE

DATE: _1-_\..t::2-:....0_\L1\'----- _

EVENT TITLE/TYPE:

LOCATION OF EVENT:

Date(s) of Event:

Hours of Event:



.----~~~~~~~====~Printed Name: ~ '- \'2. 4 Q, e.., ...-I- G (»'Ol) A It- 0

Address of Holder of Event: 1-=1-6 £'E..L..I-EcvuE... A....:J e.....

Business Telephone: 110\ e>~ b '2> '2..0 C Residence Telephone: I -.J

G""" I )..,)0Is Organization Non-Profit? <;..... Is Organization Religious?---.:---.: _

Is there a charge for admission? 0£-::. I II b C· S P' P ? ?R\V ~"''<'--s event to eon Ity, tate, or rlvate roperty. ---''--.:..0..:..::...:::--'--='-- ---1

r----------------------,Name of Property Owner of Event Site: 'E.\...., oz.",~ 10.... \-1 GOOt>~<:l... 'C

Signature of Property Owner:

Printed Name of Property Owner:

Will Event be Indoors or Outdoors? I \~.H.) Elofi-.<;,(IncludePlan)----------------------

EVENT HOLDER ~\iWfO\L' Ap-\ ~V"'i:.'" ""'APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

If Outdoors, will toilet facilities be provided?

For how many vehicles?

Ifso, location of toilet facilities:(Include on plan)

Will a tent be erected? 1 t-:3c(Include on plan) --'.:::..::...----



COpy OF TENT PERMIT MUST BE ATTACHED.

Seating Capacity: 1_\...:e>=-0::::..--;====~I~o

CONCERT 1 ,\1.;<;' Is staging or platform required? Amplification? 1 ~""


DANCE 1 ~c DEEJAY It-'o Amplification: 1'- _

SPORTING EVENT 1 .1-> 0 Type: 1 _

Set-up Dates (Sporting events only):

PLAY I \\l 0 If yes, what type:

CARNIVAL 1 \..\ C>

If yes, types of animals:

CIRCUS ND Will there be animals? 1 _

Type: ISHOW OR EXHIBITION: 1 ·t-l0

~===--~=================OTHER (describe) I------;==============Are required approvals attached, e.g., State, Recreation Dept.? _'/-lC~~-"'C;~ _

Is a street closing being requested? =~=C>========:;--------I

Will food be prepared on the premises? =\):::0=== -1


EVENT HOLDER ~~ ""' \'<> 12-'"' ·A \I--~ ~V'::>"'-o.> Y\.APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)


If yes, will you be applying for a Class F or F-l Liquor License?

Ifnot, will another's license be used?

If so, whose?

[j~s

[j..::~,-,s.=--_

1'---_

Will there be gambling, e.g., bingo, raffle, etc.? 1~ C>

List Names of Vendors

Do you have State Police Approval? I__--J

Item to be Furnished


FIREWORKS



Time fireworks will begin: I --.J Duration: 1 _



ROAD RACE, WALK-A-THON, ETC. On Roadway(s) ~ On Sidewalk(s) c::JHas notification been made to residents along the route? \'JIAHave temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

:City of Newport, Rhode Island !: i L

APPLICATION FOR A SPECIAL EVENT LICENSE .I

( ,:J_"I_i~~Y ..~~~ .....__... .~~'~~~"_MO<~~~__'

EVENT TITLE/TYPE:

Date(s) of Event:

Hours of Event:

Holder of Event & DBA: I AJ(~nJf(jl't Rts/aad-tQU. MCfuda..£OtL I

Signature of Holder of Event: I :;f:¥--....=z2?~ I

Printed Name: I B fe yo 11! iGp ,s I Title: Il.~·, 1:?v-<: ,l,,\f' IAddress of Holder of Event: I 51 MliJ'(I Skee t I

Business Telephone: I¥OI- QfC(- 7/100 I Residence Telephone: I"l'f..Jt;S- '8'1<fe IIs Organization Non-Profit? 19es Is Organization Religious? I /U) IIs there a charge for admission? lYes I

Is event to be on City, State, or Private Property? I--"'/ll)"'"'- _

Name ofPropeliy Owner of Event Site: IA/~o('t &,>:Io,a};'o1A.. t:Oudah'O/A-Signature of Property Owner: I~'21~


If so, location oftoilet facilities:(Include on plan)

EVENT HOLDER _

APPLICATION FOR A SPECIAL EVENT LICENSE(Page 2)

If Outdoors, will toilet facilities be provided? Li4l-'e_('L-_:J

I==tot==·"':u:k==.:Yi:LL:'=k::':M:R=================Will a tent be erected?(Include on plan)

Expected Attendance:'


.'COPY OF TENT PERlVlIT MUST BE ATTACHED.

Seating Capacity: 1C-...I./I:.!!.I/f-/!1L1r-- _- I

For how manyvehicles? 1-L1...ri2...·'-.+..r.·__

CONCERT I /Vb I Is staging or platform required? /1)0 Amplification? I tvolList types of musical instruments:

1--'-----__--'----__----DANCE I .IUJI DEEJAY MJ• Amplification: 1_-,)1)-"--,,lJ<-__

SPORTING EVENT , /IJ0


Type: ,

PLAY I j/l/o If yes, what type:

CARNIVAL ILLI1!,,-,O,,-_If yes, types of animals:

CIRCUS No Will there be animals? I IIJO I

SHOW OR EXHIBITION:~

OTHER (describe) /-.----=-------------------------

Are required approvals attached, e.g., State, Recreation Dept.? IU"-""l?,,,. _

Is a street closing being requested? NO__-:...::...c. _

Will food be prepared on the premises? __--'.)(}()-=:...:.'-- .J

If so, is"Health Dept. Inspection Approval attached? I

EVENT HOLDER .-=-=::::~-::=-=~-=:c=:c=c::-:c:::::::-:c::cAPPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)

If yes, will you be applying for a Class F or F-I Liquor License?

Willthere be gambling, e.g., bingo, raffle, etc.?·I /l!o

I£-Ja>

I /rio

·.1 0eS

Do you have State Police Approval? I__~6!j Q.u>SQII l'llt2f\i'/L

I


If so, whose? Ib'rUl Cahc,'lAqj


List Names ofVendors Item to be Furnished

For RetailSales - Have you completed a "Promoter's Application For Pei'mit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS f/0

Do you or the pyrotechnic have Newport Fire Marshal approval? I


Time fireworks will begin: 1 _ Duration: IL.__~ ......J


detail officers at sponsor's expense./\/0 .r--I

ROAD RACE, WALK-A-THON,ETC. On Roadway(s) L.-..J OnSidewalk(s) [=.JHas notification been made to residents along the route? __Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

fr: ,~ '1:':- Il Wrw(\t,:','-\'/::,\,II I I _ \If) ,:1 LI \. --"~.. I I!City ofNewport, Rhode Island II J!, " 1,1 Ii

APPLICAnON FOR A SPECIAL EVENT Lie ~il~J",~,L", 2,8, ,,20,11, ,'" i\u:,:~iJuly 27, 2011 U~§:"l12:9§(;L

DATE: U,j',' ,,:TCiTY CIJY .~~ t ; -;CE

EVENT TITLE/TYPE: Al Jardine in Concert to Benefit the International Tennis Hall of Fame

LOCATION OF EVENT: International Tennis Hall of Fame, 194 Bellevue Ave, Newport, RI I

Date(s) of Event:

Hours ofEvent:

l=s=e=p=t=e=m=be=r=1=8=,=2=0=1=1=======================1

1_4_'_3_0_pm_d_o_o_r_s_o_p_e_n_,_co_n_c_e_r_t_5_'3_0_p_m_-_7_p_m 1

Director of Special Even sTitle:Printed Name: 1 Colleen K. Hopkins

Holder of Event & DBA: IL_In_t_e_r_n_a_t1_'o_n_a_l_Te_n_n_i_s_Ha_l_1_o_f_Fa_m_e 1

Signature of Holder of Event: ~~C_~_--'--I;Il(,-,_}_i~-4-t_'INv)~,,-- 1

IAddress of Holder ofEvent: 194 Bellevue Avenue, Newport, RI 02840

I (401) 639-9639Residence Telephone: '-- -J. I (401) 849-3990

Busmess Telephone:

IYesIs Organization Non-Profit? Is Organization Religious?

Is there a charge for admission? IYes I IPrivate Property

Is event to be on City, State, or Private Property? ----------------------'

Name of Property Owner of Event Site: 1 ----'


Printed Name of Property owner:1

---;:::=================~Will Event be Indoors or Outdoors? 1 Outdoors(Include Plan) -----~-----------------'

EVENT HOLDER -:7=-=--:-::==-=--:-::C-==-=:-::::::-::C:-:::::=::::APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

If Outdoors, will toilet facilities be Pro~v.::id:::e=d:.:.?-=I=y=es=====- _If so, location of toilet facilities:(Include on plan)



Expected Attendance: 11 ,200

Seating Capacity: _

Is parking available:I Yes

For how many vehicles?

CONCERT I_y_es _ Is staging or platform required? I_Y_e_s__ Amplification? IYes


IGuitars, keyboard, drums, sax, flute

DANCE INO__----J DEEJAY I_N_O _ Amplification: 1'-- _

SPORTING EVENT I_N_O__ Type: ISet-up Dates (Sporting events only):

Will there be animals? 1 _

PLAY

CARNIVAL

If yes, what type:

CIRCUS

IL-- _INO

Type: IIf yes, types of animals:

SHOW OR EXHIBITION: I_NO__

~~='---~~=====================OTHER (describe) I-----~==================

Are required approvals attached, e.g., State, Recreation Dept.? I_N_I_A _

Is a street closing being requested?

Will food be prepared on the premises? I Yes



EVENT HOLDER ------,--~_::c:_,...,,__=_=_,...,,__~_:=::_::_::__:


I Yes

If yes, will you be applying for a Class For F-I Liquor License? I Yes


Ifso, whose? 1 _

Will there be gambling, e.g., bingo, raffle, etc.? I_N_o_---'


Do you have State Police Approval? I_N_O__



FIREWORKS

Do you or the pyrotechnic have Newport Fire M=a~rs=h=a~l=ap~p=r~o~va=I~?_ _=======_ _,Location from where fireworks will be shot:

Time fireworks will begin: 1 _ Duration: 1 -----'



ROAD RACE, WALK-A-THON, ETC. On Roadway(s) c=J On Sidewalk(s) c=JHas notification been made to residents along the route? _Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

DATE:

EVENT TITLE/TYPE:

LOCATION OF EVENT:

Date(s) of Event:

Hours of Event:


I q:DO - J.'O{)

I fJUfd, 11. Kt/~

L

Title:

Residence Telephone: I l/O/ J$flk -·10 f(; J-.

I No 1

Printed Name:L....J.....<:~~=====t:::.==========--~~::::::::::====~


Address of Holder of Event:

Business Telephone: 1 _

Is Organization Non-Profit? I Y<:. S Is Organization Religious?

Is there a charge for admission? 1 ye.S I r::::::Is event to be on City, State, or Private Property? U:YItfa-k ) YrO~ _Name of Property Owner ofEvent Site: 1 _

Signature of Property Owner: IL-.....!....<::f--f=~~:....-'.~~~:.....---------1


Will Event be Indoors or Outdoors?(Include Plan) _'.=::...BoU."--- _

EVENT HOLDER cc::-=--:-::=c=:---:-:c-:==:-:=:c::-::-::::==APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

If Outdoors, will toilet facilities be provided? [)ie:; ~-'---'---'--'---'--'---'---'---'---'---'---'---'-------'---'------

If so, location of toilet facilities:(Include on plan)

WiIJ a tent be erected?(Include on plan)

Expected Attendance:·


no

Ve s


Seating Capacity: [..... _

For how many vehicles'?

CONCERT I NO Is staging or platform required? 1 No Amplification? IL _

List types ofmusical instruments:

I__~----"--__----DANCE 11\/0. I DEEJAY Amplification: 1 _

SPORTING EVENT I ND


Type: 1 _

PLAY I ND Ifyes, what type:

CARNIVAL I IVD CIRCUS Ala WiIJ there be animals? I

Type: IL· "-- _


SHOW OR EXHIBITION: IND

OTHER (describe) 1_. _

Are required approvals attached, e.g., State, Recreation Dept.? 1 _

Is a street closing being requested? I_NwwO'-'- _

Will food be prepared on the premises? I-IA".V""bl...---------If so, is"Health Dept. Inspection Approval attached? ,..... _


EVENT HOLDER --:-


INo

If yes, will you be applying for a Class F or F-I Liquor License?


Ifso, whose? I ~--'--

Will there be gambling, e.g., bingo, raffle, etc·?·1 '! esList Names of Vendors

,5o}~l) £()[-'-"fl/,~e~---

14£f:k5: £Va tlL- 1QC- a 12__--'!ad 1\ { t\~:SS a

Do you have State Police Approval? !Ve S'


For RetailSales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS



Time fireworks will begin: I -_._..~_··__ Duration: I__,__-,,--~ _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 policedetail officers at sponsor's expense.

ROAD RACE, WALK·A-THON, ETC. On Roadway(s)[21 On Sidewalk(s) ~

Has notification been made to residents along the route?~Have temporary signs been posted? (Signs must be removed by tbe following day.)

SPECIFIC ROUTE:~ Boac), - LeJJ 0}I1D~-;-:--. (I

EVENT TITLEITYPE:

LOCATION OF EVENT:

Oat\,(s) of Event:

Hours of Event:


Signature ofHolder ofEvent:

Printed Name: M i d1adAddress ofHolder of Event:

Business Telephone: 1Lf6) 31./1-d t/&S- I Residence Telephone: 1_....I0--'f:'-'I1--'-- _

Is Organization Non-Profit? I yes Is Organization Religious? 1 1

Is there a charge for admission? I yesIs event to be on City, State, or Private Property?

Name of Property Owner of Event Site:L..c:=--=jz:..::.-~<"--'-'TIJ!;F':.::-"._"'-""'-'-'--"-":':""'::',---,-/------'

Signature ofProperty Owner:



EVENT HOLDER c-::-~,,-.,--:c::=-=c-::--=:-=-----APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

If Outdoors, will toilet facilities be provided? 1 7IIj;1,------'--------------------

If so, location of toilet facilities:(Include on plan) -

Is staging or platform required? IdAJ



Is parking available:.

CONCERT 1 _

i/O/J

vesI


Seating Capacity: 1&t~1For how many vehicles? I I4lL- I

Amplification? 1&# IList types of musical instruments:

1 ----

DANCE DEEJAY Amplification: 1 _

SPORTING EVENT 1 _


Type: I

PLAY

CARNIVAL

Ifyes, what type:

CIRCUS Will there be animals? I__--J


Type: I

OTHER (describe) 1 ~~ S ~~~'--'-'<..:-'-fCu-"""'''''$-W:'''''''---------

Are required approvals attached, e.g., State, Recreation Dept.? 1-----,</~l~f..7lJc,L------------


Will food be prepared on the premises?


/I/O•/liD

__I

\EVENT HOLDER _



Ifyes, will you be applying for a Class F or F-I Liquor License?

Do you have State Police Approval? I&/Ilf I


If so, whose? I .3b&MO CJA:nc,JV

Will there be gambling, e.g., bingo, raffle, etc.? [[)o IList Names of Vendors Item to be Furnished


FIREWORKS IJfADo you or the pyrotechnic have Newport Fire M=a~rs=h=a~l=a~pp~r~o_v=al=?_ ___======~ ___,Location from where fireworks will be shot:

Time fireworks will begin: 1 _ Duration: IL- .....J



ROAD RACE, WALK-A-THON, ETC. On Roadway(s) [:==J On Sidewalk(s)

Has notification been made to residents along the route? _Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

(~C/clce I>-' [).#~".... ,,_.._., ...,.,.__._-_ .._._-,._,

&~l/L '. ;-. I If. 1 ..)0 If;; [~ ~.f.;. [.1 WI .[~ i. '\\

City ofNe~oit, ii:aae Isl~nd Irll)JP 1--'1(3'cp.Qt I)

APPLICATION FOR A SPECIAL EVENT LICEN ~ t_.~~~~1 2011.J l",;;;

DATE: I f\UG-oSf 2-6 \\ C~Qll)U:·,.[Oiii:E

EVENT TITLE/TYPE: Ir., r: _. I I IrulZT MJAM.S ~TIv'PrL Of \..J<?>l-\'(s fi.JNDI~ (~~l\

LOCATION OF EVENT: I G. r;. O.fw~ AcA"1.S I tullf MJAII\S STAff [Af'.I<, I NfF~ Pop-..T

Date(s) of Event:

Hours of Event:

Holder ofEvent & DBA: l_fo_R:_T_ko_M_S----:T_R_U_8f _

. Signature of Holder ofEvent:

Printed Name: LAVll.lE:. A I LA~G:((UC: Title: ~~ ~Effil1SAddress of Holder ofEvent: Ifl6 fb\2Jf ,wAI\flS P~NE: J fb~'f P<OA4-\~ SfA$ PARI<

UJG w'(?Q RJ l<.l CJ 2fJ~",,-O ;=;===::::;::::=::::~===

Business Telephone: Qiel- fo I, ~ 58D( I Residence Telephone: Qj~{ . BL.te ·562.8

Is Organization Non-Profit? [j f.S Is Organization Religious? lL-uN"",O _

Is there a charge for admission? G~ s I IIs event to be on City, State, or Private Property? _~-'-rA_r.:....f: _

Name ofProperty Owner of Event Site: I£rATE:. 'oF \(.11001'::. [~lJ<N 0


Printed Name of Property Owner: I) I ~ /l/1I ()G 1111)(;1_ '-..1, If jJI...r--{<-::

Will Event be Indoors or Outdoors? I TPooR.(Include Plan) _tlJ S ---J

S~ At{\"A<.\\f:.O ;:) \i £: pIl\N

EVENT HOLDER jQI't1 @AAl ~ 1:,:-,l?-==1J::,,-8'\-,--_~APPLICAnON FOR A SPECIAL EVENT LICENSE

(page 2)

If so, location oftoilet facilities:(Include on plan)

If Outdoors, will toilet facilities be provided? lj,e.s 1---------------------.,Ifo{Z:fkel£ \b lL£;lS ON




I~'/~slOVeu.. Sfi\6f

1 ~OO -l@][je3 I


Seating Capacity: [N1Cl.A~====For how many vehicles? 0-"'0'-"0'---_

CONCERT I-'~=----J Is staging or platform required? I-reO I Amplification? I TB 0

List types ofmusical instruments:

1 11()~NS I PR.t:c.US()IO\')(t\1G-~ Sc=-~H{fAW~)' GUITAR .orwM~ Ke..\IRDAtto...:.:.......:.::.:---'-'----'::....::....----'--'-~=-=---=..:..:..:.::..=.::.----'=::....::....'----'-:Jf-'L1LJ J J 't-"'''''-'"''''''''-------

DANCE 1 NO DEEJAY 1 '1~ I Amplification: 0-=1::.:.:.$ _fOK /W'lno Unc.E::.M0'l1S

SPORTING EVENT I-,,-\()--I Type: ,----------------

Set-up Dates (Sporting events only): 1 _

PLAY I-=N"'--'o'----_ If yes, what type:

Are required approvals attached, e.g., State, Recreation Dept.?

Will there be animals? 1 _CIRCUSCARNIVAL [iJ",,0__

Ifyes, types of animals: ,-------------------------1SHOW OR EXHIBITION: 1 ~O Type: I IOTHER (describe) I I

l......:::tJ-'-'-JII\'--- 1


Will food be prepared on the premises?


1 wo 1

W~ - JUsT sour Bij~1s- 1l\E.A-'ff.D

1

J..~I>..c;,r..\..SISWeas. N'bfl ~ALCoI\oL. WILL. 1>uBNlrT PAP"ttW014<. .. ~I{.s.

It) SlAT&.

Ifyes, will you be applying for a Class F or F-I Liquor License?


EVENTHOLDERJOB-T AOAfIA.~ m06TAPPLICAnON FOR A SPECIAL EVENT LICENSE

(Page 3)

Lil.x...o_1_-


If so, whose? 1'--- ---'

Will there be gambling, e.g., bingo, rame, etc.? INO


Ie>O

Do you have State Police Approval? fllJDItem to be Furnished

BLDOt1T l)JY1A'rlt.J<r soors /QOGfJL·.) ill"", GULI()AC2.'( SCHOOl.. SE-RY (Nfs

BAGEl, 130,/.$ OOY'lp<TII1&- &'G£u,C\JS~M Ho\ls," Cllt=rE::~ nonA'fltJ (,- (J:) ~€:.&For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS



Time fireworks will begin: 1 _ Duration: 1'--- _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 policedetail officers at sponsor's expense.

ROAD RACE, WALK-A-THON. ETC. On Roadway(s) On Sidewalk(s) c::JHas notification been made to residents along the route? __Have temporary signs been posted? (Signs mnst be removed by the following day.)

SPECIFIC ROUTE:

SAT 1)I

(PAIN OAtf: I SON Df.C tt5AtIl- BP",,\

(- "1"P.E:E:S

-(TT-l-r

r '/ .L.i.l~r ¢IIE«

31"A<i>~

PARADE FIELDHISTORIC FORT ADAMS

NEWPORT, RHODE ISLAND

TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:

TYPE:

_--,n:.+4,,"7<J~Tl:r.,(!.~, Trash Receptacles

a. Location

Date of Duration: ~-et?f ;(4)~1,lJ::., .

Name of Business: bfJ(5 Clu~el j)O~ / L LG

:~M () C!i~"a(,' :Db ~rAddress of Business: /5% $tf/)/f-!tl ttJ/J,.y ,

l//ilt.J Pot<--r i f!..:L t/),.frOStandard _ Fast Food l("Carry-Out tL Drive-In _ Confectioner _

~.--=----- ...--,

1. Garbage Disposal: Dumpster

DBA:

b. Type/Odor Prevention

c. Weight per pickup

d.

e.

Number of Cans

Private Pickup YesLNo_ By Whom

2.

3.

4.

5.

6.

7.

8.

9.

ATTACH: Detailed site plan showing premises, interior, exterior, seating capacity, dumpster location andparki,:!1g are~, ~here prepara~ion of foop takes place.; or initial & d;tte here t~at plans are on ,fl,de: _

s'')WM i::...4UL --..::fA? Cj'h- .slIME -S:f'LO e. 0f1tL {isf,?l.tl/cT>-~1· {/-fes~ I' OPt'S" LLDescription and70r rendering of architecture to be used. ,2>' "rr.

Detailed desc!iption of manner in which license is to be used. pI(. (l-f-f3i:.fe r:!.,:;.i":'f,,'/Ur ~J2-V"~' /II /. - )

Proposed Seating Capacity.d, LS,q?Je Expanded Seating Capacity 4t?1/.£LParking Availability. Yes v""No_ Location ,Sf'r.eek _Number of Cars

Is a liquor license (Class F or F-1) being applied for by the applicant? Yes__ No~

Estimated monetary investment involved $ 3110 Hours of Operation: 1Jd~ b( to ;..,rt! 4-1/1.~ /fp-{'c),>.ffJ'J'~·tf

Extended Hrs. of Operation Ik: to !to Current Victualing License No.

2 a.m. 6 a.m.

Days of Week Extended:/-+-_--''-'-''O''- ---,....- __,,-------

Filed BY';-'7Jz e'Af;,{.~.Ignature

Print Name: ;tf/Lc:C,fl-{ @ 0..J.xe..-<.}

Owner's Address:

Home Phone: 11)(-71'/- GtJ'70 t ~essPhone: .1ft//.- gf6,-!tJ-tJC::>Filing fee: $15 '7/zolt( Date Paid: 'I/;D!lfI!!-/License fee: $200 Date Paid:-----

PAGE Ion

DATE:TO THE HONORABLE COUNCIL:

CITY OF NEWPORT, RHODE ISLANDFROM YEAR TO YEAR _

PUBLIC ENTERTAINMENT LICENSE APPLICATION

'?hlll I---,.,-----n'--,-----:,..--r;-----~===!::-====

DBA Name: I J+VlGtrn,f tJ"dc/ 6.( [-Lb{fJl}'~':.-t I: " I' !I''': ,:,:1Business Phone: I ~ 7 ~ rl.t{(:Iii iAddress: Z) (;J,{('~j -~ ;fvr AUG - 2 2011 "

I1Jrwfv d I I(,T· .1 ICorporate/Business Owner Name: IS.."", "r <J. boll -----_., IOwner Address:1 S'aW'1 IOwner City: 1F===tJ=i=(vJ=p=J=,..,..====ll-s-ta-te-:-r=1=;1f;;::::::,1:::::'=;-'--=Z"":"'ip-:-r==C)=()=;;-='1=O=='

;

OR Other Mailing Address:

Owner Phone: I ¥'1 7 ~ f L, 1 ( I df., /(. <:. r ifFor Mailing Address (choosy one):Use Business Location: J OR Use Owner Address:

I~----:--;:::::=====::::::::;--::~~-::=-;::=============--License Number: 1__=__ CLASS:D DURATION: IL. .,.-_Yearly is June 1- May 31 0or ifDaily (list dates)

HOURS:

Location: I SrJ(:(l (

Initial Here that PLAN is attached that specifically delineates & defines location ofentertainment: IINITIAL HERE to acknowledge receipt ofNOISE ORDINANCE D DATE: .

Filing Fee - $15 Dat~I AUG 0nUll] License Fe~ :3 DI Datep~ I K( 'L- ({lLicense Issued By: Date Issued: _

ANNUAL Class A (inside) $300 Class B (outside) $200(including tent) accessory onlyClass C (Class J Liquor) ($500)

!?~~~X.. S!~~~.~.E? p.~~. ~~y. ~.1~~~_~_l?~.i!y..~ !.q .p.~r .~~X .(~~~!!\?.n.~l_ !? ~~!!Y. ~!a.s~ .~) .. _. _ _. _.. _ .ACTION OF COUNCIL: ACTION DATE: _

of2 Entertainment License ApplicationJUNE I, , TO MAY31, _

OWNER: j1.c'rr4' OrJ,r or fI, 1,1/'" ,,,,; I"DIBIA: ---''-'----''-=-'---'- --'-...c:...:~--'-_'---'_

PREMISES: __l.Ld--.:CIJ:....::...c!..;..1'-'.-"'-4~,c'--'~-"--I-/.L:::...!-IV( -

PLEASE COMPLETE ALL CATEGORIES. Use "N/A" if not applicable.

AMPLIFICATION? linDEEJAY? lidCONCERT? I

BAND? VrsHOW MANY MUSICIANS? (pHOW MANY VOCALISTS? ifTYPES OF MUSICAL INSTRUMENTS? 6<-11~M" f +: Jilr'f d.rt11v11DANCING?

,l/ If

DANCE REVUE '11/0MOVIES? VVPLAYS? ;1/aOTHER

Expected Attendance: -'=3'-'0'-0 _ Seating Capacity: _-'--;1/---1-I"-.A-:..- _

Parking Availability # of Vehicles: -=-0 _

Do you have a Liquor or Victualing License: ---7\)-'(-LJ _I

Your signature below indicates that you have reviewed the information on this two pageform and agreedthat it is correct. Any change will require that a new application beflled with the City Clerk's Office.

C?§ DATE,

SIGNATURE OF REPRESENTATIVE:

PRINTED NAME:

TITLE: 1__Lh-=tA-,-,o'l-'-'''-J)-'--''-,r --J

RESTRICTIONS:

f!!; ~)O ~/ (

CITY OF NEWPORT, RHODE ISLAND i : U: l 'f-.f/ 1[:1! I 0 I

The undersigned respectfully petitions the Honorable Council for a HOLIDAY LICENSE to allow retail sa~s on lliulilowirt;; ijolida)'s: NeW' iYear's Day, Memorial Day, FOUlth of JUly, Victory Day, Labor Day, Columbus Day, Veteran's Day, or on any day Wb\~Ir,,,!!y,enuIl)eraie,d holiday isIofficially celebrated. No Holiday Licon,e shall he issned and a retan bn,iness ,hall not be open D~c.m ·01'2Sth.ohnyy..ro'· ThultSgWiilg-···Day, exco!'t pharmacie., r.toil,lore, that principally ,ell food products and which employ rewer than ,ix employ... per ,hift at anyone10(:2tio". flower? garden and garden access~ry shops, video stores~ and bak0ries. (RI General Law 5-23)

Application is made for:

LICENSE J!)URAnON:

BUSINESS OWNER:(Individual, CorpILLC, etc.)

BUSll\JESS D/B/A:

BUSINESS LOCATION:

Owner/Representative:

AIDItlliOri:Eed Signature:

Owner's Home Address:

Business Telephone No.:

-_.__._---_Title:_U/l {R:1.ee _

E·Mail Address: 7Jc~lR.._7it£6@,jj{)J£t;LCprr'l __.~,~ .__.~__. __~~ , _The undersigned has been in business since (year): c:!OLL _The bu.iness is principally engaged in the sale of the folloV/llg types ofgoods: ~~-f2rIioI.uc1?:.. _

TRANSI''ERS ONLY COMPLETE THIS SECTION

PREVIOUS BUSINESS (own"fship): . . . . . _.._. . __. ._.. _ _._.. ._. _ .

PREVIOUS BUSINESS D/B/A: __ . . .. _. __.__ .. ..__.. .._._.__. ._._.. ..__.__

PREVIOUS BUSINESS ADDRESS: _ .. __ ... _. ._.. ._.. . •__. . . _

PREVIOUS OWNER'S SIGNATURE: __,. .. .._.. __ __.__._.__..__._._. . .._.. ._._._.__

CITY OF NEWPORT, IDJfODE ISLAND

---~_.

AUG - 2 2011L

, :, J

~L~~~~~XJ.'!&::e:::=-===-. Title: .10rl/LiiU1ltJL-...

Home Telephone No.:t;/ifLL;X;tJ.3GJ_Y ~~

The undersigned respectfully petitions the Honorable Council for a HOLIDAY LlCENSB to allow retail sale~ on the following holidays: NewYear's Day, Memorial Day, FOUlth ofJuly, Victory Day, Lahor Day, Columhus Day, Veteran's Day, or on any day which any enumerated holiday isofficially celebrated. No Holiday Lic.ns. sbnll b. issu.d and a r.tail busin.,s sball not b. open D.cember 25th of any yea. 01' Tb••l"givingDay, .xcept pbarmacies, ..tallslores Ibat prineipaUy s.n food products .nd wbich. ....ploy f.w.r tbansix .mployeesper shift at any on.loeation, flower, g....lon .nd garden ace.,sory shops, video stor.s, .od bakorl.s, (RI G.aeral L... 5-23) ... . w.Application is made for: Date: 1{ a-

r.-r ..'-, ""'.-, •I. f~ './i- 11 J'

....p.;.+'-!-'-LICENSE DURATION:

BUSINESS OWNER:(Individual, CorpILLC, etc.)

BUSINESS D/B/A:

BUSINESS LOCATION:

Owner/Representative:

Aut'lllmi:£ed SlgnmtWlwe:

Owner's Home Address:

Business Telephone No.:,.-""

II Business IOCilti~;c); b) oW~'il.r'saddress 1.tl other ispecil'!ll

_.~-_.---_._~--_._~--------------~._--~~-.----------_.---_..•------------.__._----_.._---_._-------"---.lJA/J i" -II /!) J..

E-Mail Address; :.;~~1!l~,JkjL:,L~._.~..~~,~__~ ..'~ ~~_~~~~._"~

The undersigned has been in business since (year): :2001:__. r

Th" business is principally engaged in the sale of the fo!lowing types ofgoods; ..bt1!JtJ115-;..G.LE.L,~_._ .._-

---_._----_.__ .~.~.~ --

TRANSFERS ONI,Y CO!vWLETE TillS SECTION

PREVIOUS BUSINESS (ownership); ..__. ._._ _ _.._ _ . __.._ _..__.. _ _ ~ _ ~ ..

PREVIOUS BUSINESS DfB/A: _ __ .._ .._ ,_ _.. ._ _ .._ _ _ _ _

PREVIOUS BUSINESS ADlJRESS:

PREViOUS OWNER'S SIGNATURE;

DOcLSTDffT£ gjID!co\\ ~!-;xo-(\

jJJMillJI {lo'( J2loeL fbJjJ

S:J ~::Xl )d6( \ d \c.f~(]()p~(QQtr\ JQJt ~(\d0X Acu~ d l ) rfD f)

U ,J ID~ 00 ~. M

G\oeIc deb lJ\~WE[( ~'t cdGwss ~ -{- QJJ(n~f1 3-kEt-is

co~t JQc\uce [Vtu22A.. \t(-Ol) ({<]j - qGoj, 6C,

. ~llfL~ nn ( .Mcinn~Xi ~6( YciLf· ~7Y!1

'. ,. ..... II '\' 'I " .~'.'\')'.'. ,I I.:...., '.'.'i !e: ,..)....I . ,:::..

'\, 1\ .JUt 26 2011 ..... ... .1 ..

Whitwell Avenue Block Party(Also, Whitwell Place, Robinson St, Eadie St. &

Watson St.)

Saturday, August 20, 2011 at 4:00 pm(Rain Date Sunday, August 21)

COST: $7.50 PER Adult/$15 Per Household

The cost indudes all food for acookout.. .regular & veggie burgers, dogs,

rolls, chips, side dishes and dessert.

Just BYOB and lawn chairs(we will provide coolers with ice)

R.S.V.P with # attendingBy Monday, August 15, 2011 by

calling Jackie Mazza at 450-9605OR E-MAil [email protected]

PLEASE MAil/DROP OFF A CHECKPAYABLE OR CASHTO: JACKIE MAZZA

18 WHITWELL AVENUENEWPORT, Ri 02840

The Hon. Mayor & Members of the City CouncilNewport City HallNewport, RI

Dear Mayor and Council Members:

August 1,2011

I would like to thank you and the City ofNewport for your kindness in hosting the Morgan V.Group last October. The height of our three day week-end was a Concours d'Elegance that saw50 antique Morgans (led by Officer Kevin Parsonage) drive slowly through town from the BestWestern Hotel to the back garden of The Elms. Last year was the 32nd year for our annualnational club event ... which we call "AutumnMog". Last year we held the first day of theweekend events in Charlestown R.I. at Ninigret Park. Our annual Friday Autocross customarilyattracts 20 to 30 vehicles from New England, NY, NJ, PA, MD and VA. But you might notknow be aware that Ninigret Park has been dug up this past year and the old runway was plantedwith Maple trees. Accordingly the Morgan club must find a suitable parking lot of reasonablesize in which to hold our Friday Autocross (September 23fd

).

Last years success and popularity for the AuturnnMog event has led us to once again bring ourthree day annual members meeting back to Newport. Friday night we will have dinner at LeForge and we are holding our Concours d'Elegance on Saturday at IYRS. Our Grand Banquetwill be at the Best Western Hotel where the majority of the attendees are staying. On Sunday wewill be at the National Museum of American Illustration. In fact you may see all of the details ofthe weekend at our web site www.morgan34.org.

By way of planning, we have worked for the past two years with Jen Pitt at the Newport CountyConvention Bureau. When we received the notice last week from Charlestown regardingNinigret Park, Jen suggested that we talk to Eric Reise. Once I explained the actual event to Eriche suggested that the East Parking Lot at First Beach would be ideal and upon checking hiscalendar said that the East lot is available on Friday September 23fd

• Eric suggested that I contactyou.

Accordingly, the Morgan %Group would like to request the use ofthe East Parking Lot ofFirstBeach for our annual Autocross from 9:30 AM until 4:00 PM on September 23fd

. This is an eventwhere we bring in an official from the Sports Car Club of America (SCCA) to set out a tight

course with orange cones and the drivers must drive the course without knocking over a cone.The cars reach a top-end speed of no higher than 25 to 30 miles per hour.

In the interest of safety we would like to hire Officer Kevin Parsonage (if available) forarea Security. This is a "closed event" and we would not allow the general public ontothe confines ofthe East Lot (albeit people can watch from a distance). We also will havean EMT vehicle and crew on-site during the event.

The club has had this event every year for the past 16 years and we have an unblemishedrecord as driving safety is a major concern for us and in fact is the reason for theAutocross (as a driver training exercise). The club operates as a not-for-profit and carriesa substantial liability insurance policy which I will be happy to send along upon yourrequest ($3 million per year; $2 million per event). And we will be happy to provide anyreferences that you may find helpful. In Newport we have worked with Ivan Colon at theNewport Mansions organization (401) 847-1000 x 139; James Mecray at IYRS (856)455-5676; and Lis DaCruz at the Best Western (401) 849-9880 Ext. 185. They as well asOfficer Parsonage and Jen Pitt could give you a solid understanding of the Morgan club.

If permission is granted, we would arrive at the lot at 9:30 AM on Friday September 23,2011 and would be gone by 4:00 PM.

The entity that the contract will be with is The V. Morgan Group, LTD. And the Presidentof the club (who will be signing the contract) is Laurence E Sheehan. My address is 32Clowes Dr. Falmouth, MA 02540. I may be reached most any time at my home at 5083887849 or on my Cell at 617 429 9220. And my e-mail address [email protected]

Let me take this opportunity to thank you for your kind consideration. We will bedelighted to provide any documentation that you might require.

Sincerely

~~~gJ, 608·388·7849

Laurence SheehanPresidentMorgan V. Group

t'\.,.

7/21/11

To: Kathleen SilviaCity ofNewport Town Clerk

Dear Kathy,

JUL 21 2011

It is my intent to relinquish my 2 pedicab licenses as of today's date. Please accept myplates numbered 13, 14 issued for the 2011 season. Thank you for your help in thismatter. Been a pleasure working with your office.

Regards,

Jim HoriagonPrincipalRhody Rickshaw

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

COASTAL RESOURCES MANAGEMENT COUNCIL

Oliver Stedman Government Center

4808 Tower Hill Road, Wakefield, RI 02879

PUBLIC NOTICE

File Number: 2011-07-018 Date: July 19,2011--=-:...=..:--=-'---'---=-----------

This office has under consideration the application of:

Peter Brown141 Berry Lane

Bristol, RI 02809

for a State of Rhode Island Assent to construct and maintain: a three acre aquaculture farmnortheast of Coggeshall Point, Portsmouth.

Project Location: Coggeshall PointCity/Town: PortsmouthPlat/Lot: N/AWaterway: East Passage Narragansett Bay

Plans of the proposed work may be seen at the CRMC office in Wakefield.

In accordance with the Administrative Procedures Act (Chapter 42-35 of the Rhode IslandGeneral Laws) you may request a hearing on this matter.

You are advised that if you have good reason to enter protests against the proposed work itis your privilege to do so. It is expected that objectors will review the application and plansthoroughly, visit site of proposed work ifnecessary, to familiarize themselves with the conditionsand cite what law or laws, if any, would in their opinion be violated by the work proposed.

If you desire to protest, you must attend the scheduled hearing and give sworn testimony. Anotice of the time and place of such hearing will be furnished you as soon as possible after receiptof your request for hearing. If you desire to request a hearing, to receive consideration, it should bein writing (with your correct mailing address, e-mail address and valid contact number) and bereceived at this office on or before August 18, 2011.

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Kevin & Lisa Carlos

25 Peckham Avenue

Newport R.I. 02840

Mr. Edward LaVallee

43 Broadway

Newport R.I. 02840

July ,192011

Dear Mr. LaVallee, Please find enclosed 1) a photo of the right rear tire of our

2000 Nissan Altima. The tire and hub cap were damaged due to the construction

work being performed in our neighborhood at the beginning of June by National

Grid. The exact location was at the base of Russell Ave. just before Malbone Rd.

Please also find 2) a copy of the invoice for the replacement of the damaged tire.

It was a small gash but it was on the sidewall and that cannot be corrected, it had

to be replaced. I am hoping you can help us with getting this resolved. I can be

reached anytime by either phone (401) 418-0121 or via email

[email protected] or [email protected]

I would like to thank you in advance for your attention to this matter

&-/~rKevin & Lisa Carlos

E

T~: r3/~

0609306751569

INVOICE # 40 gb ') (i 7

ATE: 6/Y( !(

Club:306 Res:75 Tr••s:1569C.shier '292956 06109111 04' 25.,

.................•~ ~~ .~u IIEKBERSfIIPID. 306500942117••• KEKBERSHIP EXPIRES ~N 01/12......................~ .

642373 UNR2(>S/60RI589,9

990(><>0642373 5£UVICE PKG15.0104.

6.111.

TOTAL

4.

TiRE SERVICECENTER

586331

523070

556572804940

080365

804959

TIRE MANAGER ON DUTYQUALITY CHECK

LUG NUTS TIGHTENED TDMANUFACTURER'S SPECIFICATIONS

SECURED HUB CAPS

PROPER TIRE INFLATION

VALIDATED PICK lJPSLlPS &RECEIPTS TO 'fI.1AT~.IN.YOICE

PRE:-VE:HICLE: CONDITION I DE:SCRIPTION:

PERCENTAGE OF USAIl~E TREAD REMAINING

.0.T.#'s

STREETADDRESS:

MEMBERNAME:

MEMBERTELEPHONE

CITY I STATE I .ZIP CODE:

TIRE DISPOSAL

TIRE BAY SERVICES QTY. STYLE # pU~!JE

MUNTING AND NEW RUBBE:R VALVE STE:MRESET TPMS IF NECE:SSARY

STAPLERECEIPT

ERE

R()AD·H~~AR,b FRE:E: WITH EVE:RY TIRE: PURCHASE: TIRE:S PURCHASED

!IJ~'~~~}N£;J~!+l\TION 15.00 fit~,~"IRE 1----------.L-R..lE:-G-�S.LT~E:R~=:VA'--L..:ID.::A:.::T~IO'-N!.<::=!....:..-

L . IFl'E·l3'AIjAN0E ., ..••> '''~'':''6 l(' 77' "'/11177'U IME FLAT' EPAIR R.M.A. STANDARDS "'::> c::>

TIRE: DISPOSAL

HIGH SPE:E:D BALANCE:TIRE: ROTATiON

WHE:E:L LUG NUT

MOUNT I DISMOUNTTIRE: RE:PAIR

14/32 100

13/3 92 100

[email protected] '~3.i .9:.1" '.lio1J'~.~;!§: a?:~:ii; Joo-iO/.s2 '67: '7$' 083 'flg 100

YOUR INSTALLER IS,--'=-----;::======__~B~A~Y~N~0===2===__,1 ATTENTION. FOITR (4) WIwET DRlVEfAWp Yii:HlCI ESI have been advised by Ii BJ's Team Member thallI is suggeslcd byma~ufacturefSof four (4) Wheel Drive (4114) and All Wl1eel Drive (AWD)vehICles Ihat all four (4) tires be r~placed at Ihe same time. Not dOing solIlay lead 10 Severe damage 10 the front and rellf differentials.Club Member please hlltlal nNE orlhe two options below tballsapplicable to tbls tire purchase.

I. I understand the potential for damage lind accept any and all

liability for not choosing to replace all four (4) tues at the same time.;;-;c=c-~(Club Member In,itials)2. I understand the POtential for damage but the vehicle involved in thistire purchaseis n<;>f an~ Wheel, D~ive.()r fOilr (4) Wheel Drive vehicle-OR- IAl'4fJ.r0o~~?loreplac~aU f'0'!r (4) tires on this tire purchase.

(Cll1h Mp.mh'p-r,Tt1;f;"'I .....

'I

/.

To whom it may concern,

IIJ

My name is Stephanie Knightly and I have been a resident ofNewport, Rhode Island for three

years now. I am writing this letter because my car was towed on Narragansett Ave on July 28, 2011. I

park on this street everyday because I work at the bottom ofNat1'agansett Ave at the real estate agency,

NewpOlt Rents. I have a parking permit which also allows me to park in sticker designated areas and I

have never had an issue parking here before.

When I got out of work around 4 pm my car was gone and a women came up to me and told me it

had been towed. I asked her why my car was being towed and she pointed to a moving truck that was

outside of her house and said I had parked in a "Temporary Tow Zone". I then looked for signs indicating

this and the only one I found was taped to the sidewalk in an inconspicuous manner. As you could see

from the pictures this sign was taped to the ground on the passenger's side of my car. Since I park here

every day I wouldn't think to walk around my car to look at the ground for a sign indicating NO

PARKING. In addition, there was a pole about 10 feet in front of the sign that was taped to the ground

which I also took a picture of. If the sign that was taped to the ground had been taped to the pole it would

have been in a spot that was visible.

I also looked up Rhode Island's statute for temporary parking signs. In the, Rhode Island Code,

(§ 31-21-15 Temporary No Parking) it states "In the event that the state or any municipality creates a

temporary parking ban in a given area, any signs within that area allowing parking shall be covered in

such a manner that the lettering on the signs shall not be visible, provided that, the provisions of this

section pertaining to the covering of signs need not be complied with during any snow emergency or

other emergency, or when the state or municipality is conducting any street sweeping or other

maintenance activities." I The sign on the pole in the photo, which indicated sticker parking was

pelmitted, was not covered in this manner.

The total amount in fines was $161.00. I inserted a copy of the receipt from the towing company

as well as a $25.00 ticket that was placed on my windshield. I would like to be reimbursed for both

charges because they were issued unlawfully. I appreciate you taking the time to review my case and I

look forward to hearing from you.

Thank you,

Stephanie Knightly

Ent/'y Method: S,ipld

i 13£,00

18:23:&2RPP/, Code: 00&311

C"13tOiJ\W' COpy

THANK YOU!

Salexxxxxxxxxxxx1298MASIERCARD

lotal:

07/28111Inv U: 000004RPP/'vd: Online

R I TOHlNCi129 CONNEll HWY

NEWPORT, RI. lil28QO4~1·0117 -11000

n../'Chdllt Ill: 81315~~,;.~5qq~'!.,.,"lll w; 002099Jq.I!g-~:,;;a:J:lj:J~4qB00

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R.I.D.P.U.# MC·553

RHODE ISLAND TOWING"We Tow Them All, Large or Small"

129 Connell Highway· Newport, RI 0284073 Vernon Avenue • Middletown, RI 02842

Tel: (401) 847-4000· (888) 748-6964

INVOICE N2 -Date .~i::l'ii II I

I/-O.S. I. D AM ~~~I Requested By: ;() PI';CLEAR TIME' DAM DPM . , "

\ I: I l "{\ \.Q K(\ ,. '111U" Yj:C(\~'I ( (illE~j'lJ~,x;r (Cl£i.· 'G \"{'r\ftC i, '.. .1\.. /~ •• ¥'i,- . L ,~ ,~t \ .;

~d!f.~ ~\ 1'-::;\£r'f)<:e.-\- -;; tur" W'1. c.>iU ?""~();," (J.1.tr:t:..?'?-

PICJ "1" ~..9j1!o\')',!A){\ ,Cf'1 ~~-. /J,J(' n' <-" ... ',n. I I- "1 ,'JL~"~~'J9~'OrtIQn.; ,Y)~r;s R.t' %"}o.(\.) \·"l.<~1t. . ".....~ ~ r

vehicle Information:,

Make r; J1 th,)VIN #

Model 'i J 5" 1 't RECOVERY FEE TRUCK TOW ONLYRegistration(' {, ) /,.)FI'1Slate (/, ($60.00 per hour) 8001 10 15,000 Ibs ($85.00ph)

Color JX I !< Yea~(Charged in 15 minule increments) Time: End__Start__

'~>1 () d Time: EndCondition Total Hours:.' StartMILEAGE ($3.00 per mile) 1st 5 miles free

Extra Man·hrs: __ x__

Odometer:Total Hours: ($45 ph days 8-5, and $55 nighls+w'e)

Start: Total Recovery Fee:___ Total Truck Tow Fee:___

End: NON,CONSENSUAL PRIVATE.PROPERTY TOW

Total Miles: D $93.00 per tow inclusive. No mileage charge applicable.

Totai Mileage Charge: STORAGE

RELEASE FEE ($20.00 atter'hours) Date: Time:Storage Date From: To:

Time Vehicle Released' Day(s) x $24.00 per day up to 20 It. tor 24 hr.Total Release Charge: perIod. Others see Note C. on reverse sIde.

D WHEEL LIFT D FLAT TIRE TOWING CHARGE on I.J-'"jO\'

~rF'LATBED/RAMP DJUMPSTART MILEAGe CHARGe

DOUTOFGAS DLOCKOUT '.•D EXTRA MAN LABOR DWINCHING

STORAGE CHARGe Cy,q,O"D DOLLIES '1iS). '/,:J.~' (") .,.l..-"~ 'I RECOVERY FEE

J .,,,REMARKS: RELEASE FEE ,5/(1 ''/'-'

\ ..--,'

-iii FUEL SURCHARGE.1.,_. '

(1;'/; / >4'7'-'-I .. '.' f

0",

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:/....

:~l ,.;::~r,v8r'~)'~7re ~ I ~2 ~,uv.J/ Custonil:tr"Slgns'ture -'_.'" f 'e<.'J j

SEE CONSUMER iNFORMATION ON BACK

ReVised 3/10

Questions regarding this bill can be addressed to the Tow company.ComplaInts can be filed with the Ahode Island Division of Public UlUilies and Carriers,89 Jefferson BlVd., WalW!ck, AI 02888 or Call 941-4500 Motor Carrier Dlv. (Extension 5)

B;~.g.~E ~9:\h t'

./

o TRAILER-0 OTHER

SPECIFY

D

8elQN

o PicK-UP

CHEVYFORDDODGE

oooo 2·CR

"6' 4-DR

o suv

o GREEN

o REO

LOCATION., ,fi' )

/'L',/, l

VEl:llClE.C9l0R

/u~,;~6toR,,' cooEtflb.

PLATE TYpE

DPASS

OCOMM

OeMBOTHER

OJ

~..,,

$ 25

$ 2.5

$ 25),

CHECK ONE VIO}~:fIt5N o~' Y:001 OVERTIMe:' $ 25 0 15 WRONG WAY ON

15 mIn 30 min 1 hr 2 hr ONE WAY STREET

002 OVERTIME _24 HOURS $ 25 0 16 BOAT TRAILER $ 25

.,,,.B03 POSTED _NO PARKING $ 25 0 17 STiCKER PARKING $ 25

D'·o4"RESTRlcTro'Af{£1i.~''''~"'·--'·''$·""250 18 SNOW REMOVAL $ 25

YELLOW CURBING 0 19 CROSSWALK $ 25

o 05 DOUBLE PARKING $ 25 0 20 OBSTRUCTING TRAFFIC $ 25

006 LOADING ZONE $ 25 021 BLOCKING HYDRANT $ 25

007 BLOCKING DRIVEWAY $ 25 022 FIRE LANE $ 25

o 08 TOO CLOSE TO COR~ER $ 25 0 23 BLOCKING INTERSECTION $ 25

009 TOW ZONE $ 25 024 HANDICAP PARKING $100

010 LEFT WHEELS TO CURB $ 25 025 OTHER $ 25

011 BUS STOP $ 25

012 TAXI STAND $ 25 026 EXPIRED METER

013 ON SIDEWALK $ 25 027 OVERTIME _3 HOURS014 STREET SWEEPING $ 25

COMMENTS; ~Z ~

NOTICE: parking lines DOUBLE after 30 day's from the date of issuance, if notpaid. Under provisions of Rhode Island General Laws (31-3-5), re-registratlon ofyour vehicle may be denied for failure to pay parking nneS.

For addilionallnformation: www.CilyofNewport.com

PLEASE CAREFULLY READ THE FOLLOWINGo I plead GUlLTV to this charge: Place payment in Iicket envelope and return via

mail or·dellver to City Hall Collections DIvision.o I plead NOT GUILTY to this charge and wIsh to have a Municipal Court

hearing: Insert a piece of paper In the ticket envelope containing the following:your name, address, operator's license number, slate, dale of birth, and phonenumber. Briefly specify the reason you are pleading not guilty. Relurn within 10days. A timely request for a hearing prevents the fine from dOUbling.

o I feelthls Iicke! was Issued IN ERROR: You may request an inilial revIew ofthis cHalion wrthln 10 days from the date of Issuance. Provide your reason(s)for review of this ticket and Include your name, address, daytime phonenumber and a copy 01 this tickel. Only send caples of your documentallonbecause the paperwork wlll not be returned 10 you. You will be not1fled by mallof the outcome of the review. Do not send payment or Ihe orlginalllcket althislime. Mail to: Parking Vlolallon RevIew, 120 Broadway, Newport,R..!.2.2B~9.

)i/1J'J ....~ :":IJ\JS]:-IJVI~<::l (")J, :'-Jj\O!N~J~.J ,,\)~I'E·l}J ;,\ ;::li\JS~'l}jOV

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:i:SU'_D<~1 OJ. ':li\:)';\II~1 ',\ .1/\r;~1:)(lV '·.L;nd~(

3i\I$]HU\/ 'hiO,JiLJ 01. 'V\':)li\U~1 'to ·;V\ls·n:

I(KARNSLaw Group

July 21, 2011

Kathleen Silvia, City ClerkCity of Newport433 BroadwayNewport, RI 02840

Rachel Karns KerrisonMember RI & MA Bars

Jude E. KerrisonMember Rl 6- .MA Bars

RE CLIENT:DOB:SS#ADDRESS:

Michael D. O'Hare9/18/61038-40-564222 Haile Street, Warren, RI 02885

Dear Ms. Silvia:

Please consider this letter notice within the meaning of Rhode Island General LawsChapter 45-15-8, 45-15-9, 45-15-10 and 45-15-5. Please present this notice to the NewportCity Counsel within the meaning of Rhode Island General Law 45-15-9.

Note that I represent Michael D. O'Hare who was injured on May 28, 2011 at 4:15 pmwhile on Bowen's Wharf at the base or bottom of Market Square in Newport, Rhode Island.Please note the area is depicted in Exhibit A of this document and in the police report that isalso part of this document.

As indicated, the area where he fell is at the bottom of Market Square down from theSeaman's Church Institute located at 18 Market Square, Newport, Rhode Island and, theNewport Harbor Hotel and Marina in Newport, and is depicted in the attached Exhibit A andthe attached police report.

Michael D. O'Hare fell as a result of an unstable and unsecured drain cover covering adrain hole. The drain cover was unstable and unsecured causing it to flip up causing MichaelO'Hare to fall in the drain hole when the drain cover flipped up, causing him to sustainpersonal injuries.

Note that the InJunes include personal injuries to both of his knees, and legs, andaggravating his pre-existing low back injuries. Note that he is treating medically for theseinjuries and is incurring medical bills and out of pocket expenses. In addition, these injuriesinterfere with his ability to work and he is suffering lost wages and a loss of income.

6 Valley Road, Middletown, RI 02842Telephone: (401) 841-5300 TOll Free: (888) KARNS-LAW Fa.'\:: (401) 846-5999 ElIlail: [email protected] We6:www.karnslaw.com

I(KARNSLaw Grotffage 2

Attached, as part of this notice and made a part here of, please find the followingdocuments:

1. Police report from the Newport Police Department concerning theincident. Note that he originally called it into the police on the dateof injury May 28, 2011 and an officer responded to the area to checkon the drain hole and drain cover, as indicated in the police report.

2. Exhibit A consisting of two pages showing the area and the cause ofhis fall.

As stated, please consider this letter notice of a defective public way causing Michael D.O'Hare to suffer personal injuries as above described.

Please consider this letter notice to the City Counsel of Newport within the 60 dayperiod, as indicated in the above cited Rhode Island General Laws.

Sincerely,

(/r

RTK/cb

Encl.

Michael O'Hare fell in a drain hole as a result of an unstable and unsecureddrain cover on 5/28/11 at 4:15 p.m. The drain hole is located as shown inthese pictures at the bottom of Market Square on Bowen's Wharf in Newport,RI. This is down from the the Seaman's Church Institute located at 18 MarketSquare and The Newport Harbor Hotel and Marina (sign in the top picture) onthe side ofthe Ship's Store (bottom picture). Pictures taken 7/17/11.

These pictures are close-ups of the drain cover and hole that were taken on7/17/11. The drain hole cover was unstable and not secured and flippedup causing Michael O'Hare to fall on 5/28/11.

Newport pO~1ce uepar~en~

NARRATIVE FOR RECORDS CLERK ANDREA STOUT

Ref: 11-10224-0F

Entered: 06/06/2011 @ 1630Modified: 06/08/2011 @ 1228Approved: 06/06/2011 @ 1744

06/06/2011 1630

Michael O'Hare came into the station to report a public fall with injuries. Mr. O'Hare reports that he was walkingin Market Sq. when he stepped onto a small man-hole cover that was not properly secured. Mr. O'hare reportsthat the man-hole cover flipped up and his left leg slipped down inside the hole.

Mr. O'Hare provided Newport Hospital paperwork showing that he suffered a foot sprain, knee sprain and hasfollow -up appt to determine if the fall caused further damage to an already pre-existing condition.Mr. O'Hare states that he did call the NPD to make them aware of the loose man-hole cover and sought medicalattention on his own for his injuries two days later, after icing and resting at home.

I check ofthe dispatch log for 5/28/11, does note a can for that date and time. 11-10224 in which an officerresponded to check on the condition of the manhole cover.

Copies of all hospital paperwork have been scanned into images. Mr. Ohare reports that he did have a friend takepictures of the cover and he will provide those photos to the NPD as soon as they are available.

Carol Castillo 818

Newport Po1ice DepartmentSUPPLEMENTAL NARRATIVE FOR RECORDS CLERK CAROL A CASTILLO

Ref: 11-10224-0F

Entered: 06/08/2011 @ 1226 Entry ID: 818Modified: 06/08/2011 @ 1230 Modified ID: 818

Page: 1

Michael D O'Hare came in and submitted three photographs of the drainage cover that injured his foot and leg.1scanned the photos and also an addendum that he wrote. I entered the witness data into the report.

.~

ADDENDUM CONTINUATION OF A \ 0 (\<kwk REPORT

Victim's last name (Lasl.First,Mlddle)

____O~_\k[~_,j1J.!~hML:::RlLocation of Incident (House#, Street) Tab

C)\j~;;:~~\-~~f-~~~~~5\",,(~"

Date of Incident

--~:.;):ir::_!L _

Block# Indicate Block Letter or Number in Left Margin

AUG - 2 2011

"We Tow Them All, Large or Small"129 Connell Highway • Newport, RI 02840

73 Vernon Avenue • Middletown, RI 02842Tel: (401) 847-4000 • (888) 748-6964

JNVOIC~ Ng R.I.D.P.U.# MC-553

Vehlcla information:, ./i' . \ ..,..... '"., 1 -.',,-.Make',... (, ~ t/ ~,.~

Raglst"iL.th'1f-l :7. ,"".ColQ:61 ~';' i ,.". -I.f

OWNER'S NAME:t.P a', ,/ 'to, ., On; ,'M.. , PHONE:

,. . .}/ll"/ It lJ ~'"?!-'.('; q H,<,~l j- (t ::~ /:.J' t.. f~ ~~~-

MOd.YIN

# -;·,L··:--'7~=~R~E~C~O~V;;E~RV~F:;;E~E==r:=~T:;:R~U~C~K~T::O~W~O::;N;:;l7V;:::::=l~'f,' State f&~"w ($60.00 per hour) 8001 to 15,000 Ibs ($85.00ph)

.-" (Charged In 15 minute increments)Vear':" i Time: End__Start _Time: End _

ILC~o~n~d~lti~on~;:;;:;:;:==.==::;==::..j Total Hours: !t: Start Extra Man-hrs: __ x__MilEAGE ($3.00 per mile) tsl5 miles free T I I HOdometer: _ 0 a ours: ($45 ph days B-5, and $55 nighls+w/e)

Start: Total Recovery Fee:___ Total Truck Tow Fee: _

End: NON·CONSENSUAl PRIVATE-PROPERTY TOWTotal Miles: 0 $93.00 per tow Inclusive. No mileage charge applicable.

Total Mileage Charge: Date: i'A /~. j J J ST~T:;E f : Sj t) r;;'iY",-

RELEASE FEE ($20.00 aftar-hours) storag"D~te From: 15 IdI i I To: j: 1-1u Pp-,Time Vahlcle Released' Day(s) I x $24.00 per day up to 20 ft. for 24 hr.Total Ralaase Charge: parlod. Othars sae Note C. on reverse side.

o WHEEL LIFT

OllAT BED/RAMP

DOUTOFGAS

o EXTRA MAN LABOR

o DOLLIES

REMARKS:

o FLAT TIRE

OJUMPSTART

o LOCKOUT

o WINCHING

o

TOWING CHARGE "5;~;:~1 < (,/(;

MILEAGE CHARGE

STORAGE CHARGE ~:;:. ~;/ d-!>

RECOVERY FEE

RELEASE FEE

FUEL$URCHARGE

.-~........' Drlver'ssl.on,ature.,,,",, ~,...- _...•. -,. -.::e-

Customer's SI" naii:ire-'" ..... '<-~-"".,~ ....._..

SEE CONSUMER INFORMATION ON BACK

TOTAL

Revised 3/10

Questions regarding this bill can be addressed to the Tow Company.Complaints can be filed with the Rhode Island DIvision of Public Utllilies and Carriers,89 Jefferson BlVd., Warwick, AI 02888 or Oa1l941-4500 Motor Oarrier Dlv, (Extension 5)

USE STATECODES

BADG,ENO..~<

~J(>'~-

",'Ic'~/; { ..:'

I HAVE AFFIXED r&.ls NO!lC,E,IO VEHICLE·

OMA OCT ONH Ovr ONY ONJ OTHER

OFFICER

~T TYPE, PLATELJ . f COLOR

/ '. ,pASS (MASS ONLY) 0o COMM I~D~·~~~_-;;~~=_~ig~s=qOeMS 0 GREEN 0 TRAILER

OTHER 0 0 OTHERrn RED SPEClf)'

$ 25

$ 25

$ 25

CHECK ONE VIOLATiON ONLY:/'''''''' -001 OVERTIME -"'$ 25 D16WRONGWAYON

15mln 30mln 1hr 2hr ONE WAY STREET

DQ2 OVERTIME· 24 HOURS'_,~li, 016 DOATTRAILER $ 25·E103 POSTED. NO PARKING,"""'S 25 ~ 17 STICKER PARKING $ 25

f 004"RESTRICTIiD AREA <" -"$'26"' tJ 18 SNOW REMOVAL $ 25YELLOW CURBING 019 CROSSWALK $ 25

005 DOUBLE PARKING $ 25 020 OBSTRUCTING TRAFFIC $ 25

006 LOADING ZONE $ 25 D218LOCKINGHYDRANT $ 25

007 BlOCKINGDRlVEWAY $ 26 022 FIRE LANE $ 25

008 TOO CLOSE TO CORNER $ 26 023 BLOCKING INTERSECTION $ 25

009 TOW ZONE $ 25 024 HANDICAP PARKING $100

010 LEFT WHEELS TO CURB $ 25 025 OTHER . $ 25

0.11 BUS'STOP $ 25

012 TAXI STAND $ 26 026EXPIREDMETER

013 ON SIDEWALK ~ ~5 D270VERTIME-3HOUR'So 14 STREET SWEEPING $ 25

COMMENTS:

NOTICE:' Parking fines DOUBLE, after 30 days from the dele of Issuance, If notpaid. Under provlslona of Rhode Island General Laws (31-3-5), re-reglstrallon ofyourvsfllc1e msy be denIed forfalture to pay parking.fines.

For addltlonallnformallon: WNW.CllyofNewpdrt.co~.

PLEASE CAREFULLy READ THE 'FQLj..oWINGo I plead 'QUILTY to this charge: PlEiC8'paymet\lln Ilcket ,envelopa and retum vis,J?mall ordallver to City Hall Collections Olvlslon. ",'~I plead NOT QUILTY to this charge and wish to have a Municipal Court

hearlng: Insert a place ofpepar In the ticket envelope contaIning the followIng:your neme, address, operalors license number, stale, date of blrlh and phonenumber. Brlefly specify the reason you are pleading notgultly. Return within 10days. A timely requesl for 8 hearfngprevents the fine from doubling.

o I feel this ticket was Issued IN ERROR: You may request an InlUal review ofthis citation within 10 days from the dale of Issuance. Provide your r&ason(s)for review of thIs ticket and Include your name, address, daytime phonenumber and a copy of thIs llcket. Only send coplas of your documentationbecause the pspelWork wUl not be retumed to you. You will be notlned by mallof the outcome of the revlaw. 00 not send payment or the orfglnal ticket at thIslime. Mail to: ParkIng VIolation Review, 120 Broadway, Nawport RI 02840:..

July 29, 2011

Mr. Stephen C. WalukMayor of NewportCity Hall43 BroadwayNewport, RI 02840

Dear Mr. Waluk:

25 Long StreetEast Greenwich, RI 02818

RECEmVEDAUG 01 2011

lMay©r'l,l Oni©®C~£lI o~ l'llQ1WP"

On Tuesday, July 26 I was coming to work in Newport. I was on Touro Street heading north toward theintersection of Spring Street and Touro. I crossed over Spring Street and was just onto the other side ofTouro and hit two storm grates in the road at the corner of the intersection. I immediately heard anoise and I determined I had blown a tire. The road is quite bumpy and the grates are extremely unevenand raised above the blacktop at the intersection of Touro and Spring. My right rear tire hit both of thegrates and I got a flat. They are very dangerous to drive over. That road is also narrow. The carscoming south down Touro are supposed to stop on the white line to give cars turning up onto Touro, orcoming up Touro on the other side of the street room, but they do not stop on the line, they pull rightup to the corner of the intersection, making the road even more narrow for cars to travel in bothdirections. I pulled my car on to High Street to check out my tire and sure enough I had a flat in myright rear tire. AAA came and put the spare tire on the car for me. I was late one hour to work. The tirehad two cuts in it.

I brought the car to be serviced directly after work. It was determined that the tire could not berepaired; it was damaged beyond repair, thus, needed to replace the tire. I am writing to requestreimbursement for the tire. I am enclosing a bill for the new tire, and, photos of the grates in the road,and of other bumps/holes in the road where the flat tire occurred. I am lucky that the rim on the tiredid not sustain damage from the flat tire.

I would appreciate being reimbursed promptly for the damaged caused to my tire.

Thank you.

Sincerely,

Enclosures

MIiCHEUN

fJI!BHlJIJlES1iJ18EGenillra6

Co'per'FIrestone!!,FGtJ/@drleJi

JOHNSTON2760 Hartford Ave.

(401) 934-3220

6.UIIIIRDYAL6Yokohama

@niinental'£>

SEEKONK10 School St. & Rt. 6

(508) 338'4100

.. Wheel Alignment

.. Brakes

• Batteries

• lifetime Shocks & Struts

• Mufflers.. Nnrogen

SMITHFIELD390 George Washington Highway

(401) 349-3868

• Computerized EngIne Analysis

.. Stale Inspection.. Engine Repairs

.. COmpU!IHized Wheel BalancIng.. Custom Wheels

w.,_,_w_"..."""""'\MIIO<

AUTOMOTIVESERVICE

EXCELLENCE"'.."""',...~.-

PEDROl HENRIQUESOLD TO: 25 LONG ST

WARWiCK RI 02319

1/05 SANESHIP TO:

INVOiCE~ 12763G

CUST. P,O. # MAKE - MODEL TAG MILEAGE TELEPHONE SLM SHIP VIA ORDER # PAGE REMARKS

\'>'''-'.l.. 't.J~ "\' t~,

051\ERCURY HP52 77591 (1;01) 935-1:191 !Ii D5 iUA 293179

INVOICE DATEINVOICE PREVIOUS SHIPPED

TERMSCALL

NUMBER INVOiCE NUMBER Opened by Opet~ator !.f 2207/27/2011 127639 CASH SALE 07127/11 12,15;01; 22

STOCK NUMBER I . SIZE DESCRIPTIONQUANlllY

UNIT PRICE I T I EE.T. I EXTENSIONOROERS SHIPPEO PREVo SHIP.

IJ'ltlfjj.C' ,,!C16~i~li 1~4881i::(!1 8i:N HL 11I'IH,' "' /W, I 1 ld".,~ ~- .~~ U~.';, SERV!f4ECH2052 T5 MOUNT TIRE ON WHEEL ,

1 .00 .00 .00,2020 TS COMPUTERiZED WHEEL BALANCE 1 1 16.95 .00 16.95aal TS NEW RUBBER VALVE 1 1 .00 @1 .00 .0&2053 Te RECYCLE OLD TiRE 1 1 2.75 .0~ 2. 75,"

~'!fPIdCE t i t~E' in h'unk

,':ETHOD OF PAW'lENT;VISAi~,ASTE-R 1 159.92 EXP: XXlXXXX AUIHORWnWM CODE: l.CHANGE, .0@

• WORK Slwijohn MedeirosAUTHORIZATIONPARTS LABOR TAX % 1~~~~~ TAX F.E.T. A.~90 "HIIt'~IGE' IfO'l'Ai'. I-I",WU," i

133, j!3 16. So, 13\;,,5 ,. 17 1:)';.80

CITY OF NEvVPORT, RHODE ISLANDAPPLICATION FOR A PEDICAB LICENSE CD

TO THE HONORABLE COUNCIL OF THE CITY OF NEVlPORT:

*Applicant:

Application is hereby made fora PEDICAB LICENSE.

No. of Pedicabs: Aw..'''''-{'<.J. ~ 6l.J2 ·h..I" o\dd:ko..q \

~\IF"L\e Ped: etL L,. l L C.

d/b/a:

Printed Name:

Business Tel. No.

Address: '62 \<ft~1 ~ 0"" ~+(~+

_'-1,--0-"1_--,,,-=-4-'--.1--".·Jcur-,l{_i~ Home Tel. No. __'....:...' _

*On a separate sheet, list names and addresses ofprincipal officers if a corporation; ifnot, 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, £eri~l 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 Coderegulations pertaining to bicycles. No loading or discharging of passengers onroadways 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.

********************** ** For Office Use Only ************************$15.00 Filing Fee paid IJfA) I)

Date paid:

~~~~_~~__~---'~~_ Date: ~~~~_~~ _

License Fee ($50 per pedicab)$~~~~~~~

Council Action:

Proof of Liability Insurance (not less than $1 million per occunence) attached that meets the

requirements of Section 5.97.250 _~ ~_

Date License Issued: ~~~~~_ Decal Nos._~~_~~_~~_~~__

Printed Name:

Business Tel. No.

\o~~il;(

CITY OF NEWPORT, RHODE ISLANDAPPLICATION FOR A PEDICAB LICENSE (DECAL)

DATE: 5" '1 I I

TO THE HONORABLE COUNCIL OF THE CITY OF NEWP,QRT:

Applio""on i, h"eby """!.e fo, a P~I'B, LICENSE. , ' , ;'~'~No. ofPedicabs: ~ ~~\ • ', MAY A 9 2011

*Applicant: __~\~""""",,-,,-\l-,-\.!!..d--",C,<:<"",!L..».<; --rlr -i-_---..:c"'-'"---r'''''''-'_'_

d/b/a: _Pi_,_~"l_~e_~=-'-s~\_'a::"=II\=J--11'--e---'lJ'-\-=(-&\.--""""'-L-L---'C"'--------Signature of Applicant: ~) '!v'I.../ (,: C\C"'"

h",J C~fAddress: -=3::...::-3-L-...:..::\G=e\'\."'--~"I-'(}=\I\-'------'S""-·t=If""'U±=-_--'~-'(b=v"--',_,d...><8C-"Vl:...-V...=.e--.---_R._==,,----'

_i--"tJ:....:1_4-'--'i-'-..'....:;-?'-'<:-'iL't->--_ Home Tel. No. __1' _

*On a separate sheet, list names and addresses ofprincipal officers if a corporation; ifnot, the names and addresses ofpartners, tru~tees, 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 ofNewport 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 Coderegulations pertaining to bicycles. No loading or discharging ofpassengers onroadways 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.

****************$t;*~orOffice Use Only ************************$15.00 Filing Fee paid:

License Fee ($50 perp~qip.~b.~l i/)0,00 ! j Date paid: (;;- fi~t(4:-;J.·"",dHi/{,i!!l"/ ) j.lrI MAi Y2r;: 'lIiH

Council Action:,,;i;v,~:t4 ex"jfiX!,(7 .. d47/..::> Date: __H_'_~---=...:Jc...:::W""A""J! _

Proofof Liability Insurance (not less than $1 million per occurrence) attached that meets the

requirements of Section 5.97.250 .........'/_'e...:5:::-. _Date License Issued: (O-ff-I f Decal Nos. --:..:i)=----'f--'..I_(O _

Sciola, Rap.:.:,he:::... _

From:Sent:To:

Cc:Subject:

Attachments:

George Brian Sullivan, Ph.D. [[email protected]]Friday, July 29, 2011 11 :24 AMDuncan, Charles Y.; Mills, Tim; Harry Winthrop; Napolitano, Jeanne-Marie; McLaughlin,Justin; Leonard, Kathryn E.; Waluk,Stephen; Naomi NevilleTom ShevlinCity Flag Gift(s) to the City of Newport and Newport Love Day Greetings and Proclamation onJuly 29th 2011FINAL DRAFT Newport Love Day (1977-2011) Proclamation revised 7.28.11.doc

La Fondation NEWPORTANTE /The NEWPORTANT Foundation

*Ad Hoc NewportjAmor Vincet Omnia City Flag Committee*

* Newport Love Day (1976 - 2011) Committee *

76 Broadway, Studio 504 * Newport, Rhode Island 02840

401.847.9434 * [email protected]

July 29, 2011

The Honorable

Mayor Stephen C. Waluk

And Honorable Members of Newport City Council

Newport City Hall

43 Broadway

Newport, RI 02840

Dear Mayor Waluk,

The Ad Hoc NewportjAmor Vincet Omnia City Flag Committee and the Newport Love DayCommittee of the Newportant Foundation is very pleased and honored on the occasion of our ThirtyFifth Annual Celebration of Newport Love Day to present a 6' x 10' Newport Flag to the City of 'Newport.

We give this flag to the auspicious usage of City Hall, where we deem it may best be unfurledon occasions such as Newport Love Day. In addition to our gift of the City Flag, we are also sending

1

you our Newport Love Day Proclamation. Please submit the flag and the proclamation to yourconsideration and vote to formally receive and endorse the workings ofthe Newportant Foundation'sFlag and Newport Love Day committees.

In closing we extend our best wishes to the Newport City Council, to the entire staff of CityHall, and to city employees throughout our town for a Happy Newport Love Day; and, may LoveConquer All for you and for our fair City-by-the-Sea day after day after Love Day.

Very cordially yours,

George Brian Sullivan, Ph.D., A.k.a. Doctor Love

Chairperson/CEO

Enclosures: Newport/Amor Vincet Omnia City Flag [a 6' x 10', Dacron flag, Mfg. by Gettysburg FlagWorks, Gettysburg, Pa., cost: $525.00]; and, our Newport Love Day Proclamation (1976 - 2011).

2

La Fondation NEWPORTANTE Ifhe NEWPORTANT Foundation* Newport Love Day (1976 - 2011) Committee *

76 Broadway, Studio 504 *Newport, Rhode Island 02840401.847.9434 * [email protected]

n

9V'~~QJF~@}J'~

~&9a 1976-&011

WHEREAS, He, whose name is Love, has lovingly commanded us: "I give you a newcommandment: Love one another" [John 13:34]; and,

WHEREAS, the ancient Roman poet, Virgil, has versified: "Since Love conquers all, allmust yield to Love" [i.e., Omnia vincit Amor; et nos cedamus Amari. - Eclogues, X]; and

WHEREAS, this motto, likewise, is emblazoned upon the Newport / Amor Vincet OmniaCity Flag, because Roger Williams, writing in 1658 explained, "... since there is somuch sound and noise of purchase and purchasers, I judge it not unseasonable to declarethe rise and bottom of the planting of Rhode-Island in the fountain of it: it was not pricenor money that could have purchased Rhode-Island. Rhode-Island was obtained by love;by the love and favor which that honorable gentleman Sir Henry Vane and Myselfhadwith that great sachem Miantinomi."; and,

WHEREAS, the biblical commandment, the poet's verses, and the Newport Flag's mottodirect us to love one another and yield to Love, as our paramount concern for everyminute of every hour, every hour of every day, continually, every day of every year ofour lives; and,

WHEREAS, that we love is as essential as that we live; so much so, that living andloving become one the more our human nature fulfills itself in goodness; and,

WHEREAS, goodness is present everywhere, when we have eyes to see how Loveconquers all; and,

WHEREAS, guided by Love we obtain the serenity to accept the things we cannotchange, the courage to change the things we can, and the wisdom to know the difference;and,

WHEREAS, the serenity, courage, and wisdom flowing from Love, bringing us tounderstand the meaningful unity of beauty and truth; and,

WHEREAS, the unsurpassed beauty and truth of our fair City ofNewport becomesmeaningful through our Newportant love, loving the beaches and the Bay; loving theCliff Walk and the Ocean Drive; loving The Breakers and The Elms; loving the HunterHouse and the White Horse Tavern; loving from the Atlantic shoreline to Farewell Street,and from Newport's Colonial origins to Newport today and Newport tomorrow; and,

La Fondation NEWPORTANTE !The NEWPORTANT Foundation*Newport Love Day (1976 - 2011) Committee *

76 Broadway, Studio 504 *Newport, Rhode Island 02840401.847.9434 * [email protected]

n

WHEREAS, , the greatness of our fair City-by-the-Sea, nestled on her Island of Peace,can only properly be comprehended by our ever-growing love for her, expressed in ourloves for one another, and by our comprehensive loves for all her children, our very dearsisters and brothers ofpast, present and to come.

THEREFORE BE IT RESOLVED, as we are well persuaded by these convincingreasons of the justification for dedicating a special day to joyously commemorateNewport Love, it is resolved that the Newport Love Day Embassy of the NewportantFoundation, hereby, empowers Doctor Love to issue and proclaim this Love DayProclamation: In the name of Love, therefore, and since there is no higher authority, wehereby proclaim, Friday, July 29th 2011 as the Thirty-Fifth Annual Newport Love Day,traditionally celebrated in keeping with the spirit and sentiments of this proclamation andas every individual sees fit, however one may be moved by his heart's desire.Henceforth, let Newport, Rhode Island be known as the Cradle of Love Day, which wedearly hope shall become a festival for all the world to share: our World Lovolution Day.Lovolution Now! Bring it on! All for Love and Love for All!

Thus empowered and resolved, Doctor Love urges and enjoins all within hearing ofhis voice: Love one another always, and love Newport all the time all the days of yourlives. Love will prevail in all ways, days after days after days. Celebrate love day withsomeone you love. And, may your heart fill with gladness when you look upon theeloquent flag of Newport: Our "New Glory of Love" flying over the town, proclaiming:"Amor Vincet Omnia", meaning "Love Conquers All"; and Newport Love Day shalldemonstrate to all: "Love reigns supreme! Love is King! Love is Queen! Long liveLove!"

Lovingly proclaimed by George Brian "Doctor Love" Sullivan, Ph.D., Amorior.

_________________________.Date _

Ambassador of Love

)

CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No. __-,-__

)

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

the City of Newport is a world class communityattracting millions of visitors annually; and

hundreds of special events are planned andapproved by the City on an annual basis; and

the City Council and administration frequentlyaddress logistical elements, such as traffic forspecial events within the city; and

special events also have regional impacts toAquidneck Island including its municipalities sointer-governmental communication is vitallyimportant for proper management. NOW, THEREFORE,BE IT

)

RESOLVED: that the City of Newport will notify bothMiddletown and Portsmouth after the granting ofapproved special event licenses by the CityCouncil.

CHARLES Y. DUNCANSTEPHEN C. WALUKKATHRYN E. LEONARD

IN COUNCIL

READ AND PASSED


CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No. _

WHEREAS, a joint meeting of all NewportCouncils has been organizedMonday, August 29, 2011; and

County City and Townto take place on

WHEREAS, the City of Newport is a proponent of sharedservices and regional initiatives; and

WHEREAS, it is in the best interest ofcommunities to find ways topotentially minimize costs; and

all Newport Countywork together and

WHEREAS, this meeting presents an opportunity for an opendiscussion of regionalized efforts. NOW THEREFORE,BE IT

RESOLVED: that the City Council endorses this concept andlooks forward to participating in the August 29 th

meeting

STEPHEN C. WALUK

IN COUNCIL

READ AND PASSED


CITY OF NEWPORTORDINANCE

OF THECOUNCIL

NO. _

AN ORDINANCE IN AMENDMENT OF TITLE THREE OF THE CODIFIED ORDINANCES OF THE CITY OFNEWPORT, RHODE ISLAND, REVISION OF 1994, AS AMENDED, ENTITLED, "PERSONNEL."

BE IT ORDAINED by the City of Newport:

SECTION 1. Chapter 3.16.060, Pay Schedule for classified service, is hereby furtheramended as follows for EXECUTIVE, ADMINISTRATIVE AND PROFESSIONAL EMPLOYEES, SUPERVISORYEMPLOYEES - N.E.A., COUNCIL 94 EMPLOYEES, POLICE DIVISION AND FIRE DIVISION.

INTERNATIONAL ASSOCIATION OF FIREFIGHTERSLOCAL 1080

Effective June 30, 2011

CLASS TITLE A B C D E

Fire Fighter 34,119.74LieutenantLieutenant, Fire Alarm/MaintenanceCaptainCaptain, Administrative OfficerCaptain, Fire InspectionCaptain, Fire PreventionCaptain! Superintendent of Fire AlarmFire MarshalDeputy ChiefSenior Deputy Chief

37,756.99 43,086.88 47,441.13 56,341. 8260,911.9966,628.0667,112.8466,628.0667,973.8167,973.8167,973.8181,928.5674,480.5175,870.16

Effective January 1, 2012

CLASS TITLE A B C D E

Fire Fighter 35,058.03LieutenantLieutenant, Fire Alarm/MaintenanceCaptainCaptain, Administrative OfficerCaptain, Fire InspectionCaptain! Fire PreventionCaptain, Superintendent of Fire AlarmFire MarshalDeputy ChiefSenior Deputy Chief

38,795.31 44,271.77 48,745.76 57,891.2262,587.0768,460.3468,958.4568,460.3469,843.0969,843.0969,843.0984,181.6076,528.7278,059.34

SECTION 2. This ordinance shall take effect July 1, 2011, and all ordinances or parts ofordinances inconsistent herewith are hereby repealed.

IN COUNCILREAD AND PASSED


ORDINANCE

OF THE

COUNCIL

NO.

AN ORDINANCE IN AMENDMENT OF TITLE 5 OF THE CODIFIED ORDINANCES OFTHE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS AMENDED,ENTITLED, "BUSINESS LICENSES AND REGULATIONS."

BE IT ORDAINED by the City of Newport,

SECTION 1. Chapterof Newport, Rhodeentitled, "ALCOHOLfollows:

Section 5.12.060.

5.12 of the Codified Ordinances of the CityIsland, Revision of 1994, as amended,

BEVERAGE LICENSES", is hereby amended as

Regulations of the board of licensecommissioners.

DELETE Table 1 of Paragraph J (Noise) and ADD IN LIEU THEREOFTHE FOLLOWING:

Location of Recei ving Time Sound Limit dBALand Use

Zoning District:

Residential 7:00 a.m. to 9:59 p.m. 65 dBA10:00 p.m. to 6:59 55 dBAa.m.

Limited Business 1:00 a.m. to 7:00 a.m. 55 dBAAll other times 75 dBA

General Business 1:00 a.m. to 7:00 a.m. 55 dBAAll other times 75 dBA

Waterfront Business 1:00 a.m. to 7:00 a.m. 55 dBAAll other times 75 dBA

Commercial/Industrial 1:00 a.m. to 7:00 a.m. 55 dBAAll other times 75 dBA

Other:

Public Water 1:00 a.m. to 7:00 a.m. 55 dBAAll other times 65 dBA

Noise Sensitive Area 7:00 a.m. to 9:59 p.m. 65 dBA10: 00 p.m. to 6:59 55 dBAa.m.

ORDINANCE

OF THE

COUNCIL

NO.(Page 2)

SECTION 2. This ordinance shall take effect upon its passageand all ordinances or parts of ordinances inconsistentherewith are hereby repealed.

IN COUNCIL

READ AND PASSED


CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO. _

AN ORDINANCE IN AMENDMENT OF TITLE 5 OF THE CODIFIED ORDINANCES OFTHE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS AMENDED,ENTITLED, "BUSINESS LICENSES AND REGULATIONS".

BE IT ORDAINED by the City ofNewport,

SECTION I. Title 5.97 of the Codified Ordinances of the City of Newport, Rhode Island,Revision of 1994, as amended, entitled, "Pedicabs," is hereby amended as follows:

5.97.120 Pedicab Decal

DELETE the current paragraph and add in lieu thereofthe following:

"It is unlawful for any owner to lease, rent, or allow a pedicab to be operated for hirewithin the City without first having obtained a decal issued pursuant to this ordinance. Thedecal shall be affixed iH Ii manHer preseribe14 by the City to the rear of the pedicab and beclearly visible and unobstructed at aU times,"

5.97.110 Fare Schedule

DELETE Paragraph (B) and ADD IN LIEU THEREOF the following new ParagraphsBand C and renumber the current paragraph C as D.

"B. Pedicab operators offering tours must have the fee schedule for such toursclearly visible to the public at all times.

"C. It is unlawful for any pedicab operator to demand from a passenger a fareor tour fee greater than that contained in the posted schedule.

"D. Paragraph (B) does not apply to fares for special tours, provided that the fare forthe special tour is agreed upon between the passenger and the pedicab operatorprior to the beginning ofthe tour."

CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO. _

(Page 2)

5.97.220 Regulations for Pedicab Operations

ADD the following new paragraphs:

"I. Pedicab operators shall not park at any time in the recessed parking area onAmerica's Cup Avenue south of Long Wharf designated for bus parking.

"J. Pedicab operators shall not park at any time in the turn area on the south sideof Memorial Boulevard West at Thames Street.

"K. Pedicab operators offering tours at the Humphrey J. Donnelly, III,Transportation & Visitors Center must register their vehicles in the VisitorsCenter and operate through the Visitors Center consolidated tour program.

SECTION 2. This ordinance shall take effect upon its passage and all ordinances or parts ofordinances inconsistent herewith are hereby repealed.

IN COUNCIL

READ AND PASSED


ORDINANCE

OF THE

COUNCIL

NO.

AN ORDINANCE IN AMENDMENT OF TITLE 8 OF THE CODIFIED ORDINANCES OFTHE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS AMENDED,ENTITLED, "HEALTH AND SAFETY".

BE IT ORDAINED by the City of Newport,

SECTION 1. Chapter 8.12 of the Codified Ordinances of the Cityof Newport, Rhode Island, Revision of 1994, as amended,entitled, "NOISE ABATEMENT", is hereby amended as follows:

8.12.080. Maximum permissible sound levels by receivingLand use.

DELETE Table 1 and ADD IN LIEU THEREOF the following:

Location of Receiving Time Sound Limit dBALand Use

Zoning District:

Residential 7:00 a.m. to 9:59 p.m. 65 dBA10:00 p.m. to 6:59 55 dBAa.m.

Limited Business 1:00 a.m. to 7:00 a.m. 55 dBAAll other times 75 dBA

General Business 1:00 a.m. to 7:00 a.m. 55 dBAAll other times 75 dBA

Waterfront Business 1:00 a.m. to 7:00 a.m. 55 dBAAll other times 75 dBA

Commercial/Industrial 1:00 a.m. to 7:00 a.m. 55 dBAAll other times 75 dBA

Other:

Public Water 1:00 a.m. to 7:00 a.m. 55 dBAAll other times 65 dBA

Noise Sensi tive Area 7:00 a.m. to 9:59 p.m. 65 dBA10:00 p.m. to 6:59 55 dBAa.m.

ORDINANCE

OF THE

COUNCIL

NO.(Page 2)

SECTION 2. This ordinance shall take effect upon its passage andall ordinances or parts of ordinances inconsistent herewith arehereby repealed.

IN COUNCIL

READ AND PASSED


) MEMORANDUM

To:

From:

Date:

IRE:

Mayor and Councilors('~i)

Edward F. Lavallee, City Manage~(~"'" .

August 2 2011

Docket Item - Noise Ordinance Amendments

At the July 27th Council meeting, Council approved a recommendation to modifY language in the noiseordinance that will eliminate an overlap in the times specifying noise level limits. In the current languageof the ordinance a one-minute overlap appears at times specifying a change in' the permissible noiselevels. The correction will eliminate the time overlap.

The Council also deferred another change concerning the application of "narrow band" sound. Bydefinition, the Ordinance specifically limits noise levels for this type of sound, and distinguishes it fromother conventional noise levels. The original recommendation to the Council was to apply this narrowband sound standard to noise emanating from air conditioners.

) Subsequent to the drafting of the recommended Ordinance change, the staff was advised to research airconditioner manufacturers to determine whether the application of the narrow band sound limit wouldconflict with conventional air conditioner noise output specifications; the concern being that the City maybe considering a permissible noise limit reduction that is unreasonably low relative to the manufacturers'design specifications. Aside from the question of applying the noise output specifications for airconditioners, challenge has been raised concerning the appropriateness of applying the narrow band noisestandard to air conditioner noise. The challenge purports that the specific sounds emanating from airconditioners does not satisfy the conventional definition· of narrow band sound. The staff has beenprovided with a report of an engineering study conducted in Newport that distinguishes air conditionernoise from that meeting the criteria of narrow band sound. The specific property at which the engineeringstudy was conducted is 68 Ayrau.\t Street. Noise emanating from air conditioners at that site wasanalyzed by an acoustics engineering firm and determined not to satisfy the particular sound wavecharacteristics of narrow band sound. The staff will further research the issue to corroborate the recentstudy. In the interim, no changes should be made to the current ordinance language concerning narrowband sound, and the narrow band sound standard should not be applied to air conditioner noise unlessfuture research contradicts the current acoustics engineering report.

EFL/paf

)

CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO. _

AN ORDINANCE IN AMENDMENT OF TITLE TEN OF THE CODIFIED ORDINANCESOF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, ASAMENDED, ENTITLED, "VEHICLES AND TRAFFIC."


SECTION 1. Chapter 10.22 of the Codified Ordinances of the City ofNewport, Revision of 1994, as amended, entitled, "Valet Parking,"is hereby further amended as follows:

Section 10.20.110. Operational Regulations and Restrictionsfor Valet parking Service.

ADD: "E. The operator of a valet parking business shall beresponsible for the cost of labor and materialsassociated with the City's installation of, andremoval of, signage designating an approved valetparking service area, which signage shall alsoindicate that it is a tow zone for non-authorizedvehicles."


IN COUNCIL

READ AND PASSED


CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO. _



SECTION 1. Chapter 10.20 of the Codified Ordinances of the City ofNewport, Revision of 1994, as amended, entitled, "ParkingGenerally," is hereby further amended as follows:

Section 10.20.170. Towing by Police Division.

ADD: "M. Any motor vehicle or other vehicle parked indesignated "Valet Parking" spaces shall be subjectto tow, provided such spaces are duly signed as towzones."


IN COUNCIL

READ AND PASSED


MEMORANDUM

To:

From:

Date:

JRE:

. Mayor and Councilors

Edward F. Lavallee, City Manager <6''I{;t'IJ:kjf'-,,-Iv' ,, /

August 2 2011

Docket Item - 205 Ocean A venllle - JRequest for Removal of Streetlight/Pole

At the last City Council meeting, the Council granted approval for a modification to the existing utilitypole and street light abutting the property at 205 Ocean Avenue. The administration was authorized towork with the applicant to resolve the details of an alternative plan. The applicant had engaged a trafficengineering consultant and from the finding of the consultant's study proposed to remove the light poleand replace it with an estimated ten traffic directional and warning signs. The proliferation of signage onOcean Avenue having been raised as an issue in recent months, the applicant's attorney and staff met toconsider other options. Both parties agree that a plausible solution is to relocate the existing utility poleto the opposite side ofthe street, thereby removing the pole and light glare from the applicant's propertybut retaining the illumination of the roadway provided by the streetlight.

It is understood that the applicant will pay National Grid for the cost of relocating the utility pole. Theapplicant's attorney, Dan Prentiss, will confirm this plan with his client and proceed with a petition tomove the pole. I have asked Mr. Prentiss to keep the City informed of progress. Also, the Public ServicesDirector is in contact with our National Grid liaison to facilitate initiation of the work

EFL/paf

Communication # 4877/1 1Docket Date: July 27,2011

City ofNewportREQUEST FOR CITYCOUNCIEA'CTION

To:From:Date:Subject:Staff Pre.entation:

Mayor Stephen C. Waluk & MemlJ~!,'yfthe City CouncilEdward F. Lavallee, City ManageM!rJuly 15, 2011 ~Award of Contract - Broadway Street.cape Final De.ign PhasePaige R. Bronk, PlanninglDevelopment Department Director

RECOMMENDATION:Approve a not to exceed contract award of$357,656.45 to The Louis Berger Group, Inc. for final design services for theBroadway Streetscape Project.

BACKGROUND AND FINDINGS:The Broadway Streetscape Preliminary Design phase was successfully completed in 2010. A Council Workshop wasconducted in November 2010. The Project proposes streetscape improvement upgrades to the road surface, curbing,pedestrian crossings, sidewalks improvements, and lighting to the benefit of businesses, residents and visitors. There hasbeen strong public support for this effort to date. Funding has been allocated to both Preliminary and Final Designphases. The City has been proactive in strategically financing and managing the project to leverage federal and stateconstruction financing. There have been positive discussions with RIDOT regarding this proactive approach. Inpreparing for such construction funding, the City is satisfying RIDOT design specifications.

This project is being coordinated by staff from Planning/Development and Public Services Departments. A Request forQualifications (RFQ) was distributed to solicit proposals from qualified design firms for this final design phase. AQualified Based Selection (QBS) process waS used to select the preferred team. Seven (7) firms responded and three (3)were "short-listed" and interviewed. Staff used criteria to evaluate the teams; the evaluation summary is attached.Ultimately, The Louis Berger Group, Inc. (LBG) and their three sub-consultants were selected as the preferred team.The sub-consultants include Gates, Leighton & Associates, Antonio Franco & Associates, and BL Companies, Inc.

The project "Scope of Services" and budget for the final design has been refined through discussions between staff andthe LBG team. The "Project Schedule" illustrates a 10 months timeframe, but with a 90% design submittal made toRIDOT in 8 months. During the design process, there will be ongoing communication with RIDOT for staged designreviews to ensure the product satisfies RIDOT standards and specifications. RIDOT has reviewed the PreliminaryDesign and has agreed to work closely with the City on this next phase. The budget has included costs for this ongoingcommunication and review with RIDOT. In addition, RIDOT required an "underground survey exploration" which hasbeen included to the budget at a cost of $39,000. LBG will be using the road survey provided by RIDOT,. but some"spot" measurements may be required as needed. Further analysis for the shared bike use within the corridor has alsobeen added to the project.

This final design phase includes the development of Plans, Specifications and Estimates (PS&E) for review andprocurement, the RIDOT advertising process, and coordination/review of bid construction submittals.

PREVIOUS LEGISLATIVE ACTION - Resolution 2009-51

FISCAL IMPACTlCurrently Budgeted (Account 13-190-5000-50440-133980-CIP and 24-190-5000-50440-243225-CDBG)_Requires additional appropriation _No Fiscal Impact

~~;~~~::~G DOCUMENTS ; OJ ~.t~1'~{JJ~ ;))10/;1RFQ Submittals - Evaluation with CriteriaCorporate Information SheetContract with Exhibits A (Statement of Services), B (Schedule), and C (Fee Summary)

Finance Dept Review: 1 Date By: nb (if applicable)

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No ..

WHEREAS: The City of Newport requested Proposals for the BroadwayStreetscape Improvement Project, Bid # 11-054. Qualification BasedSubmittals were received on March 25, 2011.

WHEREAS: The City has successfully completed the Preliminary DesignPhase for the Broadway Project and requires technical assistance tocomplete the Final Design Phase for the project.

WHEREAS: An Request for Qualifications (RFQ) was developed anddistributed and seven qualified firms submitted proposals.

WHEREAS: Submittals were evaluated based upon criteria and three firmswere selected for interviews and The Louis Berger Group, Inc. was selectedas the preferred team based upon their qualifications and proposedapproach to the project.

WHEREAS: City staff and the Louis Berger Group, Inc. developed a specificscope of services, budget and schedule.

WHEREAS: Award has been recommended to the most qualified submitterbeing The Louis Berger Group, Inc. of Providence, RI at their price of$357,656.45.

NOW THEREFORE, BE IT RESOLVED: That the bid of The Louis BergerGroup, Inc. of Providence, RI is hereby accepted at a total NTE cost of$357,656.45 and the Mayor is authorized to sign said contract on behalf ofthe City, subject to favorable review by the City Solicitor.

IN COUNCIL

READ AND PASSED


Tabulation of BID # 11-054Broadway Streetscape Improvement Project

(Planning)

The following firms have submitted packages:

• Commonwealth Engineers & Consultants, Providence RI• Maguire Group, Inc, New Britain, IT• PARE Corporation, Lincoln, RI• Crossman Engineering, Warwick, RI• Millstone Engineering, Warwick, RI• Louis Berger Group, Needham, MA• Gordon Archibald, Inc, Pawtucket, RI

Bid Closed: 25 Mar 2011

RFQ Submittals - Evaluation with CriteriaBroadway Streetscape Improvement - Final Design

Experience Qualification & Experience in Cost References TOTAL

Submitter Availability Estimates

Maguire Group 29 20 12 10 71Commonweath Engineering 27 19 12 12 70

Pare Corporation 34 26 12 13 85Louis Berger Group, Inc. 39 28 13 14 94Crossman Engineering 30 21 6 12 69Millstone Engineering, P.c. 16 21 5 9 51Gordon R. Archibald, Inc. 37 27 13 14 91

Bid/Proposal Sheet # 11-054

Date: March 25, 2011

IjWe The Louis Berger Group, Inc. the undersigned do hereby proposeto furnish the City of Newport, Rhode Island, 1t<CI l!:<CImlPl~el!:<l! Itlhie tdIesu!2JD'il ~fl'iltdI lbJotdltdI<C1iCllIImefi1'l!:s 'ii((llr Itlhi<e IB\Ir<CIiiilrdlW~V §l!:lreeItSlCiiilIJlItE! l!mlPllr@~emeD'ill: IP'Ir@jjed, in accordancewith all terms and specifications contained herein: '

1. Attach your Qualifications

The Louis Berger Group, Inc.

NAME OF FIRM

Manager, Transportation Services

SIGNATURE & TITLE

295 Promenade Street, Providence, RI 02908

ADDRESS, CITY, ZIP CODE

401-521-5980 x9441

TELEPHONE NUMBER

[email protected]

E-MAIL ADDRESS

401-331-8956

FAX NUMBER

NiDl1l"lE:

G tl]ul iiil sepliIll'aite al:l!:aIClhimeD'ilt, Illlir IlIIse i!:ihJeiCID'ile 1PI1r1lll~otdleidl, ~osl: l!:ihJe iDlffo<ClEllrs lIlIiI'

'l{QlIlllIr iCclrlJllOJll'all:uoD1l IIlIIr iP'IrDO'IIcDlPIais of V01l.l1r Il.lI.tC. Awalrtdl CiiillJ1J lJ1J<CIt lbJe d1l1l1lJ1Jewil:h@1lII1!: I!:lhie al:l!:aclhimelJ1Jt.

G Please provide any literature you feel may be necessary.

G All bidders are responsible for insuring that no adrdlell11id1a have been added to theoriginal bid package.

o All bid packages and addendumes are located at WIo\!.\."I.cjj;yofnewport.com or youcan contact the Purchasing Department.

G Bid Analysis (Tab) sheets as well as Resolutions (when completed) will belocated· at: !lliQ:j/wwv/,cii;\'orllewPOr~,<;QQJ!sJ.epartl11ents/Finarl!:&1purchasinq/l)ici tabs,dln.

11

Bid # 11-054

IJs~ nue illifiiicers 011 jfo8.nr I!:c"rDJol'a~DoU1 or t"'i'om;o!i'aDs 011 jfo8.nr floP_I!:. Award CEm not Ibe dOUlewD~hc!!l: ~R1e a~achmeUl~.

The Louis Berger Group, Inc.Complete Company Name

Larry D. WalkerName

James G. BachName

Ronald F. KornellName

Luke McKinnonName

Name

Name

Name

Name

Name

PresidentTille/Officer/Position

Chief Operating Officer/secretary

Title/Officer/Position

Executive Vice PresidentTitle/Officer/Position

TreasurerTitle/Officer/Position






12

THE CITY OF NEWPORT

RESOLUTION

OF'THE

COUNCIL

No.. ~QQ9.~.;iJ..

WHEREAS, the City of NewportBroadway corridor as anand funded the Broadwaythe CIP for preliminary

has identified theimportant area of needStreetscape Project inEngineering work, and

WHEREAS, an RFQ was developed and distributed andfourteen qualified firms submitted proposalsfor this important project, and

WHEREAS, interviews were conducted and the Louis BergerGroup, Inc. was chosen as the premiercontractor given the qualifications of theteam and proposed approach to the project, and

WHEREAS, Louis Berger Group, Inc. and the City haveagreed to a specified scope of work, budgetand timeframe for this project. NOW THEREFOREBE IT

RESOLVED: the City of Newport approves the lump sumcontract award of $144,623.20 to The LouisBerger Group, Inc. to complete the BroadwayStreetscape and Traffic Calming Improvementsproject and authorizes the Mayor to sign thecontract, subject to final review and approvalby the City Solicitor, upon behalf of theCity.

IN COUNCIL

READ AND PASSEDApril 22, 2009

II THE Louis Berger Group, INC.

Mr. Paige Bronk, AICPDirector, Planning, Zoning, Development & InspectionsCity ofNewport43 BroadwayNewport, RI 02840-2798

RE: Request for Qualifications "QBS - Broadway Streetscape # 11-054 "Final Design Scope and Fee Schedule

Dear Mr. Bronk,

July 14,2011

On behalf of the Louis Berger Group Team, I want to thank you and the other members of your committee forretaining us as the preferred consultant for the final design of the Broadway Streetscape project. Enclosed herewithis the final detailed scope of work together with the associated fee schedule.

We have provided the level of effort as well as the costs for all of the tasks that were included in the Request forQualifications, with some additions/clarifications noted below. We assume this contract will be a "not to exceedlimitation" as defined in the attached scope and fee and will consist of only two submissions (90% and P.S.& E.) tothe Rhode Island Department of Transportation (RIDOT). We have recently received the Topographic Survey forthis section of Broadway that was completed by Garafalo & Associates (Garafalo) for RIDOT. It contains asufficient amount of detailed information and we therefore have only included hours for some minor field workwhere additional grades may be required. We also note that no "property boundary" survey was perfonned; howeverwe are in agreement that no property acquisitions/easements should be required. If this is not the case, we wouldexpect that RIDOT (at their expense) would direct Garafalo to perfonn this task. Otherwise, we would have toamend our contract to use Garafalo as a sub consultant to us for this work.

At a recent meeting with RIDOT, they requested the City perfonn a very intensive Underground Survey Explorationto detennine any underground conflicts with our proposed design. The cost fOr this work is included in our attachedproposal. Completive prices were requested from three qualified firms. Only two responded and we are carrying theprice for the less expensive of the two.

We have also added a new Task to the scope to revisit the bicycle movements as presently "shared" with theroadway. This will also include consideration of alternatives to the angled parking that will include a new concept of"backing in" to the angle parking spaces.

This Proposal will remain valid for a period of sixty (60) days from this date and thereafter until withdrawn, or acontract is executed, or the procurement is terminated by the City of Newport, whichever occurs first. Our VicePresident, Aboud Alzaim, P.E. is authorized by The Louis Berger Group, Inc. to negotiate contracts and to bind thecompany contractually.

Please do not hesitate to contact me at [email protected] or (401) 415-9441, or Aboud J. Alzaim [email protected] or (781) 707-7444); if questions arise or if additional infonnation is required.

We are available to discuss this proposal at your convenience and remain eager to begin the work on this project.

Very truly yours,

r...--'~ / (7 / Ies R. Capaldi,pi~~

anager, Transportation Services

Attachment

Aboud J. Alzaim, P.E.Vice President, New England Division

295 Promcnadc Strcct IPro\'idcn,:c, RI 02908Tel 401.521.5980 : Fax 401.131.X956 ! www.louisbcrgcr.com

CONTRACT AGREEMENT

This Agreement is made and entered into this day of , 20_, by and betweenCity of Newport, Rhode Island, with offices at 43 Broadway, City Hall, Newport, RI 02840 (hereinaftercalled the "OWNER"), and The Louis Berger Group, Inc. with offices at 295 Promenade Street,Providence, Rhode Island 02904 (hereinafter called "LBG").

WITNESSETH THAT:

WHEREAS, the OWNER desires to engage LBG to provide consulting services related to the BroadwayStreetscape Project (hereinafter referred to as the "PROJECT"), and professional planning, engineering,and landscape architecture work (hereinafter called the "SERVICES"); and

WHEREAS, LBG, in response to the OWNER'S RFQ, has submitted a proposal which outlined anapproach for such PROJECT; and

WHEREAS, the OWNER interviewed and selected LBG to perform the SERVICES;

NOW, THEREFORE, for and in consideration of the covenants and conditions hereinafter set forth, theparties hereto do mutually agree as follows:

ARTICLE ONE: EMPLOYMENT OF LBG

The OWNER retains and employs LBG to act for and represent it in all planning and engineering mattersinvolved in the performance of the SERVICES, subject to the terms, conditions, and stipulations ashereinafter stated. LBG will subcontract portions of the SERVICES to Gates, Leighton & Associates,Inc., East Providence, RI, for landscape architecture, design, lighting, and public involvement servicesand to Antonio P. Franco & Associates, Cumberland, RI for lighting analysis and electrical engineeringwork. Personnel used by LBG and its subcontractors will be individuals who were presented in the RFQ,the interview, and agreed to by the OWNER and LBO.

ARTICLE TWO: PROJECT DESCRIPTION

The SERVICES include final engineering and design related to traffic calming and pedestrianimprovements in the Broadway Commercial Corridor in Newport, RI from Equality Park to WashingtonSquare. The project will include at a minimum:

.. Improvements for enhanced pedestrian safety at existing crosswalk locations,

.. Design alternatives to maximize on-street parking capacity,

.. Inclusion of sidewalk amenities including decorative paving, street furniture, and plantings atoptimal locations,

.. Replacement of cobra head lighting with historic pedestrian-scale fixtures,

Al

o Reconfiguration of sidewalk, parking, and travel lanes on Broadway between Equality Park Placeand Caleb Earl Street to minimize pedestrian-vehicular conflicts and reduce crossing distance,

o Converting Broadway to a one-way street southbound between Malborough and Farewell Streets,and

o Preparation of contract documents to include the re-paving of Broadway from Bliss Road toWashington Square.

ARTICLE THREE: SCOPE OF SERVICES

LBG shall render in a satisfactory and proper manner the SERVICES set forth in Exhibit A, attachedhereto and made part ofthis Agreement.

ARTICLE FOUR: COMPENSATION

The OWNER shall compensate LBG for the performance of SERVICES under this Agreement in thelump sum amount of $357,656.45 (Dollars).

ARTICLE FIVE: SCHEDULE

LBG shall perform the SERVICES in accordance with the Schedule set forth in Exhibit B, attached heretoand made part of this Agreement.

ARTICLE SIX: PAYMENT

Invoices for interim payments shall be prepared by LBG and submitted every four (4) weeks to theOWNER. LBG shall provide a progress report with each invoice. The progress report will contain anarrative status report, a spreadsheet illustrating tasks completed, and the level of consultant involvementby hours and percent of task completed. Each invoice shall be prepared to request payment of the portionof the lump sum amount in proportion to the percentage of SERVICES rendered during the invoice periodto the total of SERVICES to be provided hereunder. The total of the payment requested in each invoiceshall include a five (5) percent retainage to be withheld by the OWNER. The total retainage withheld bythe OWNER shall not exceed $18,000. At completion of SERVICES, LBG will invoice the OWNERfor the $18,000 retainage.

Such invoices shall be paid to LBG by the OWNER within thirty (30) days of presentation to theOWNER.

ARTICLE SEVEN: DATA TO BE FURNISHED BY OWNER

Data to be furnished by the OWNER to LBG at no cost to LBG consist of:

Previous plans and studies that pertain to the PROJECT that are relevant for LBG to conduct theSERVICES.

A2

ARTICLE EIGHT: INDEPENDENT CONTRACTOR

LBG represents ·that it has, or will secure, at its own expense, all personnel required in perfonning theSERVICES under this Agreement. Such personnel shall not be employees of, nor have any contractualrelationship with the OWNER. LBG, consistent with its status as an independent contractor, furtheragrees that its personnel will not hold themselves out as, nor claim to be, officers or employees of theOWNER by reason of this Agreement.

ARTICLE NINE: INSURANCE

.LBG shall keep. in effect and maintain insurance at its own cost and expense to protect itself from claimsunder Workers' Compensation Acts; from claims for damages because of bodily injury includingsickness, disease, or death of any of its employees; from claims for damages becanse of injury to ordestruction of tangible property; and from claims resulting from the performance of professional servicescaused by errors, omissions, or negligent acts for which it is legally liable, each in the amount of$1,000,000.

LBG shall furnish the OWNER with a certificate(s) of insurance showing LBG has complied with thisArticle, which certificates shall provide that thirty (30) days written notification of cancellation of thepolicies shall be given to the 0 WNER.

ARTICLE TEN: INDEMNITY AND LIMITATION .

LBG shall indemnify and hold hannless the OWNER from and against any and all claims, suits, actions,judgments, demands, losses, costs, expenses, damages; and liability to the extent caused by, ,or resultingfrom the negligent acts, errors, or omissions of LBG, its officers, employees, agents, or representatives inthe perfonnance of SERVICES under this Agreement.

ARTICLE ELEVEN: CHANGES AND EXTRA SERVICES

The OWNER may make changes within the general scope of this Agreement. If LBG is of the opinionthat any proposed change causes an increase or decrease in the cost and/or the time required forperfonnance of this Agreement, LBG shall so notify the OWNER of that fact. An agreed-upon changewill be reduced to writing signed by the parties hereto and will modify this Agreement accordingly.LBG may initiate such notification up<;>n identifying a condition which may change theSERVICES agreed to on the effective date of this Agreement, as set forth in Exhibit A.

Any such notification must be provided within thirty (30) days from the date of receipt by thatparty of the other party's written notification of a proposed change. In the event that anagreement cannot be reached by the parties hereto as to a particular change, the issue shall beresolved pursuant to Article Nineteen - "Disputes."

The OWNER may request .LBG to perform extra services not covered by the SCOPE OFSERVICES as set forth in Exhibit A, and LBG shall perform such extra services and will becompensated for such extra services when they are reduced to a writing mutually agreed to andsigned by the parties hereto amending this Agreement accordingly.

The OWNER shall not be liable for payment of any extra services nor shall LBG be obligated toperform any extra services except upon such written amendment.

A3

AR.TICLE TWELVE: DELAYS

LBO shall perform its SERVICES with due diligence upon receipt of a written Notice to Proceedfrom the OWNER. The OWNER may authorize costs to be incurred prior to such written Noticeto Proceed. In the event that performance of its SERVICES is delayed by causes beyond thereasonable control of LBO, and without the fault or negligence of LBO, the time and totalcompensation, only if the delay causes an increase in the cost, the performance of the SERVICESshall be equitably adjusted by written amendment to reflect the extent of such delay. LBO shallprovide the OWNER with written notice of delay, including therein a description of the delayand the steps contemplated or actually taken by LBO to mitigate the effect of such delay.

ARTICLE THffiTEEN: TERMINATION

This Agreement may be terminated by either party hereto upon seven (7) days written notice in the eventof substantial failure by the other party to perform in accordance with the terms of this Agreementthrough no fault of the terminating party. This Agreement may also be terminated by the OWNER for itsconvenience or because the PROJECT has been permanently abandoned, but only upon fourteen (14)days written notice to LBO.

In the event of termination, LBO shall be compensated for all services performed and costs incurred up tothe effective date of termination for which LBO has not been previously compensated, plus terminationexpenses reasonably incurred.

Upon receipt of notice of termination from the OWNER, LBO shall discontinue the SERVICES unlessotherwise directed and upon final payment from the OWNER deliver to the OWNER the required numberof copies of all data, drawings, reports, estimates, summaries, and such other information and materials asmay have been accumulated by LBO in the performance of this Agreement, whether completed or inprocess.

ARTICLE FOURTEEN: OWNERSHIP OF DOCUMENTS

The parties hereto agree that OWNER shall retain possession of all drawings and other documents whenits services have been completed. The OWNER will be provided a minimum of two (2) sets ofreproducible documents. Any modification and / or reuse of these documents, except for maintenance,shall be at the sole risk of the Owner, unless otherwise. approved by LBO.

ARTICLE FIFTEEN: SUCCESSORS AND ASSIGNS

LBO shall not assign, sublet, sell, transfer, or otherwise dispose of any interest in this Agreement withoutthe prior approval of the OWNER.

This Agreement shall be binding upon and inure to the benefit of the· parties hereto, their successors andpermitted assigns, but shall not inure to the benefit of any third party or other person.

ARTICLE SIXTEEN: NONWAIVER

No failure or waiver or successive failures or waivers on the part of either party hereto, their successors orpermitted assigns, in the enforcement of any condition, covenant, or article of this Agreement shalloperate as a discharge of any such condition, covenant, or article nor render the same invalid, nor impair

A4

the right of either party hereto, their successors or permitted assigns, to enforce the same in the event ofany subsequent breaches by the 'other party hereto, its successors or permitted assigns.

ARTICLE SEVENTEEN: SEVERABILITY

In the event that any term or provision of this Agreement is held to be illegal, invalid, or unenforceableunder the laws, regulations or ordinances of any federal, state, or other government to which thisAgreement is subject, such term or provision shall be deemed severed from this Agreement and theremaining terms and provisions shall remain unaffected thereby and continue in full force.

ARTICLE EIGHTEEN: NOTIFICATION

All notices required or permitted under this Agreement shall be in writing and shall be deemedsufficiently served if served by Registered Mail addressed as follows:

To OWNER:

ToLBG:

City ofNewport, Rhode IslandCity Hall, 43 BroadwayNewport, RI 02840Attention: Paige Bronk, AICP, Director of Planning

The Louis Berger Group, Inc.295 Promenade StreetProvidence, RI 02904Attention: Aboud J. Alzaim, P.E., Vice President

ARTICLE NINETEEN: DISPUTES

Any and all claims, disputes, and other matters in question arising out of or relating to this Agreement orthe breach thereof which are not disposed of by mutual agreement of the parties hereto shall be submittedto arbitration conducted and governed by the Construction Industry Arbitration Rules of the AmericanArbitration Association in effect at the time of the execution of this Agreement. This Agreement toarbitrate shall be specifically enforceable under the prevailing arbitration law.

The party requesting such arbitration shall file notice of the demand for arbitration in writing with theother party hereto and with the American Arbitration Association in Boston, Massachusetts. In no eventshall the demand for arbitration be made after the date when institution of an action at law or in equitybased on such claim, dispute, or other matter in question would be barred by the applicable statute oflimitations. The award rendered at such arbitration shall be final and judgment may be entered upon it inaccordance with applicable law in any court having jurisdiction thereof.

Any such arbitration shall not include, by consolidation, joinder, or in any other manner, any additionalpersons not a party to this Agreement except by written consent signed by the parties hereto and suchpersons sought to be joined. Such consent shall be limited to the dispute described therein and the partiesnamed therein.

ARTICLE TWENTY: APPLICABLE LAW

AS

This Agreement shall be governed by and construed in accordance with the laws of the State of RhodeIsland.

ARTICLE TWENTY ONE: EXTENT OF AGREEMENT

This Agreement represents the entire and integrated agreement between the OWNER and. LBG andsupersedes and replaces all terms and conditions of any prior agreements, arrangements, negotiations, orrepresentations, written or oral, with respect to this PROJECT. This Agreement may only be modified bya written amendment hereto, duly executed by both parties.

A6

IN WITNESS WHEREOF, this Agreement has been executed by the OWNER and LBO, effective fromthe day and year first written above.

THE CITY OF NEWPOR.T (OWNER)

By:~~~~~~~~~~~_

Stephen C. WalukMayor

THE LOUIS BERGER GROUP, INC. (LBG)

By:~~_~~~~~~~~_

Aboud J. Alzaim, P.E.Vice President I CCM Division

Date: _

Date: _

A7

·EXHIBIT "A"

STATEMENT OF SERVICES

Broadway Streetscape Improvement Project #11-054Newport, RI

Scope of Services for Final DesignJuly 2011

The Scope of Services to be provided by the LBG Team includes professional engineeringand landscape architecture services for the preparation of complete Plans, Specifications,Estimates and Contract Documents for advertising for bids, based on the approved City ofNewport preliminary/feasibility analyses, plans and related documents dated November,2010. The detailed Scope of services for Gates, Leighton and Associates Antonio P. Franco& Associates are attached to this Submission. Also attached is the Scope and Fee from DGTSurvey Group - Providence, Rl; and Underground Surveying, LLC - Danbury, CT, whosubmitted costs to perform the Underground Survey. AEI Subsurface from Warren, Rl didnot submit a quote as they were too busy to accept new work. We are carrying the pricefrom Underground Surveying, LLC in our proposal as they submitted the lowest cost.

This Final Design process will be in accordance with standard RlDOT practices andguidelines for Federal Aid STP funding, as applicable. The existing plans and documentsmentioned above will be transmitted to RlDOT requesting their acceptance as a 10%/30%submission and requiring only a 90% and PS&E submission. This Scope of Services hasbeen divided into the following tasks:

Task ~ - Comm©1iD ~r©js<ct-wDo1e RSq]lI.Ioreml!mts

The LBG Team will attend a start-up meeting with the City of Newport to discuss the City'sdesign guidelines, project schedule and other project related issues. The LBG Team willevaluate all outstanding issues with the City, such as the location of and type of allcrosswalks and Bus stops; the resolution of the alternatives proposed at Dunkin Donuts; theexpectations 'for improving water quality; finalizing the choices for the landscape andstreetscape alternatives; finalizing the hardware details for the new lighting poles; andreviewing the intersection improvements at Lower Broadway with Stone Street and theadditional turning movement concerns of Stone Street with Spring Street as discussed at theCouncil meeting on November 9, 20 IO.

As noted in the attached WBS Template provided by RlDOT there are 4 (four) mainelements to the scope of work. They are Final Desiglll (30%, 75% & 90% Combined),PS&JE, Advertisi/l1lg !li/l1ld Post DesiglII.

During the Final Design process the LBG Team members will be responsible for ProjectManagement; Wetlands and Water Quality issues; StOlID Water Management and Design;Utilities Coordination; developing Highway and Traffic Plans and with submissions at the30% and 90% Stage; providing a Right-of-Way submission (mainly for temporaryeasements); and preparing a 90% set of Contract Documents, Specifications and Estimates.During this phase the LBG team members will develop the final landscaping and lighting

designs and details. We will also coordinate all work through the City of Newport officials,meeting occasionally, especially prior to submissions to RIDOT.

The PS&E Phase is the "final" submission, just prior to advertising for bids, which willinclude the final disposition of all comments from the City, RlDOT (and their Consultant ifrequired), the FHWA and any other regulatory agency.The Advertising Phase involves assisting RlDOT as the project internally moves from theDesign Section to the Contracts and Specs Section, where the project will be coordinatedwith the Rl Department of Administration for eventual award to the lowest responsiblebidder.

It is understood that the City has initiated coordination with RIDOT for project funding.Building on this initial coordination, LBG can represent and advocate for the project,especially through the TIP process where it is anticipated that the City may need to make apresentation to the Transportation Advisory Committee (TAC) in order for the existingfunding for Broadway to be increased significantly to successfully build the project asenvisioned and designed.

Task 2 - fisHID1 ~Q.OiV<!!lI

We have recently received the Topographic Survey for this section of Broadway that wascompleted by Garafalo & Associates (Garafalo) for RlDOT. It contains a sufficient amountof detailed information and we therefore have only included hours for some minor fieldwork where additional grades may be required. We also note that no "property boundary"survey was perfonned; however we are in agreement with the City that no propertyacquisitions/easements should be required. If this is not the case, we would expect thatRIDOT (at their expense) would direct Garafalo to perform this task. Otherwise, we wouldhave to amend our contract to use Garafalo as a sub consultant to us for this work

Task ~ - lSu!>suriac<!! IEJ(piClwatimli

RlDOT will require a very intensive underground Survey exploration to detennine anyconflicts with the proposed design. This will require a special sub-consultant withexperience in this field and with RlDOT work. Proposals were requested from three SubConsultants, as noted in the Scope of Services above, based on the following scope of work:

The work to be performed by the utility survey sub-consultant includes verifying andsupplementing the b'asemapping provided I by RlDOT, from the southerly Projectlimit at Farewell Street to the northerly Project Limit at Bliss Road. LBG willprovide the sub-consultant AutoCAD dwg file.

For the northern portion of the Project (Cranston Ave to Bliss Road), the subconsultant shall review the utility information shown on the basemapping forcompleteness and accuracy. Locations of all utility poles, traffic signal hand holes,loop detectors, manhole covers, pull boxes and water/gas gates shall be confirmed.Overhead wires shall be shown.

A comprehensive utility mapping for the southerly portion of the Project (FarewellStreet to Cranston Ave), shall be provided. The sub-consultant shall review theutility infonnation shown on the basemapping for completeness and accuracy,

2

including locations, pipe sizes and materials, duct banks. Locations of all utilitypoles, traffic signal hand holes, loop detectors, manhole covers, pull boxes andwater/gas gates shall be confirmed. Overhead wires and underground serviceconnections/drops shall be shown. Invert elevations to the nearest hundredth of afoot shall be obtained at all storm and sanitary sewer structures. Record informationshall be obtained from the City Department of Utilities for the storm sewer, sanitarysewer and water systems and the applicable private utility companies with facilitieswithin the Project limits, including but not limited to electric, cable, telephone andgas. Depths of cover shall be obtained for the water main, gas main and all otherunderground utilities that are present. Test pits and/or vacuum excavation shall beperformed as necessary to verify depths.

Lastly, the sub-consultant shall verify the presence of abandoned trolley trackswithin the roadway in the Project limits. If present, the tracks should be located andapproximate depth of burial shall be provided.

Deliverables: The underground survey sub-consultant shall provide an AutoCAD.dwg file (1 :20 scale) containing all of the information required above. Copies of allrecord information obtained shall be provided.

1<lJ$~ <4 - lBocj,lc!@ "SlhiBlw@dJ lllli'i@" iBli'iil1 AIili9JH@ lfl'<lJwHdi'iSJ

We have added a new Task to revisit the bicycle movements as presently "shared" with theroadway. This will also include consideration of a new concept of "backing in" to the angleparking spaces. Meetings will be held with local officials and stake holders as well asRIDOT. A separate report will be prepared that will present the alternatives withrecommendations.

T<lJsk 5 • utility CO>lJ>wc!oi'iaticm

LBG will form a liaison with private and public utility owners to insure a smoothadvancement of this project toward construction; we would expect that the City, State andFederal agencies will want us to insure that all planned utility work is made in advance orduring this project. The objective is to ensure that no planned utility work will beperformed on newly constructed pavement or sidewalks within a five year period from theproject's completion.

l<lJsk {» • Project Scll'Bedlll!@

At the start of the project, the LBG team will develop a detailed formal project schedule ofactivities from inception through project completion. The schedule will be developed inconsideration of input from the City of Newport and RIDOT and will serve as a guide totracking the progress during each task. A detailed Progress Report will be submittedmonthly for the· project, outlining the various activities performed, dates of meetingsattended, dates of submissions made, and dates of receipt of project material as applicable.The progress report narrative will also clearly identifY items that are pending resolution thatmay impede progress on the project.

3

GLAGates, Leighton & Associates" Inc.LANDSCAPE ARCHITECTURE

June 7, 2011

Mr. James Capaldi, PE, Project ManagerLonis Berger Group295 Promenade StreetProvidence, RI 02908

RE: Landscape Architectural ServicesNewport BroadwayConstruction Documents Phase

Dear Mr. Capaldi:

As requested by the City of Newport, Rhode Island of TranspOltation (RIDOT) and the LouisBerger Group, Inc. (LBO), Gates, Leighton & Associates (GLA), has prepared the enclosedScope ofWorkJPerson Hour Distribution, Person Hour Summary Table and Fee Schedule forlandscape architectural design services for the above referenced project.

It is our understanding that GLA's effOlt will be coordinated with LBG and that the proposedstreetscape features and other design recommendations for this project will be prot of thecontract documents your office is preparing. We assume that LBG will provide all necessarybase plans and Engineering plans for our use.

Thank you for this opportunity to offer our professional services. Please do not hesitate tocontact me, or Wilfrid L. Gates, Jr., RLA ASLA, Chairman Emeritus at 401-438-2071.

Accepted By:

Authorized Signature Date

8~3 \. WaLl'nlan \vem~e " E<.'.t:~ -'rovit'.r:nce, ~r" 02911, "p: .~O1.438.2071 •.-: 401.434.7511 .. vvv",,:.glala.com

Page I 01'4

NEWPORT BORADWAY CONSTRUCTION DOCUMENTS PHASE

SCOPE OF WORKIPERSON HOUR DISTRIBUTION

Task I - Field Walk: Conduct field walk with design team and City of Newport anddiscuss recommendations for construction requirements. Three (3) follow-up site visits areincluded in this task to check palticular areas as needed.

I Principal at 4 hours =I Project Manager at 12 hours =1 Landscape Designer at 24 hours =I Administrative 4 hours =

4 Hours12 Hours24 Hours4 Hours

Task 2 - Coordination & Meetings: This task includes up to eight (8) meetings andcoordination with design team. Review of the approved conceptual plans. Also included areprogress repOlts, progress tracking and preparation of meeting minutes and othercorresponding materials.

I Principal at 10 hours =I Project Manager at 48 hours =I Landscape Designer at 32 hours =1 Administrative 8 hours =

IO Hours48 Hours32 Hours

8 Hours

Task 3 - Preparation of 90 % Submittal: This task includes the preparation of the plans,specifications and estimate as well as reviewing and responding to the team and clientcomments.

I Principal at 4 hours =I Project Manager at 40 hours =I Landscape Designer at 40 hours =I TechnicianJDrafter at 60 hours =I Administrative 16 hours =

4 Hours40 Hours40 Hours60 Hours16 Hours

Task 4 - Preparation of PS&E submittal: This task includes the preparation the plans,specifications and estimate as well as reviewing and responding to team and client commentsfrom 90% submission.

1 Principal at 4 hours =1 Project Manager at 32 hours =I Landscape Designer at 40 hours =1 TechnicianlDrafter at 40 hours =1 Administrative 16 hours =

GbA


Page 2 of4

NEWPORT BROADWAY CONSTRUCTION DOCUMENTS PHASE

Task 5 - Preparation of Bid Documents: This task includes the preparation of the plans,specifications and estimate for bidding as well as reviewing and responding to teamcomments from previous submission and attendance at one (I) pre-bid conference.

I Principal at 2 hours =I Project Manager at 24 hours =I Landscape Designer at 24 hours =I Technician/Drafter at 32 hours =I Administrative 12 hours =


Task 6 - Public Presentation: This task includes the preparation of a plan rendering forreview by the City of Newport, revisions and attendance at two (2) preparation meetings andtwo (2) public meetings.

I Principal at 8 hours =I Project Manager at 20 hours =I Landscape Designer at 24 hours =I Technician/Drafter at 8 hours =I Administrative 8 hours =

8 Hours20 Hours24 Hours

8 Hours8 Hours

NEWPORT BROADWAY CONSTRUCTION PHASEGLA PERSON HOURS

SUMMARY TABLE

Project Landscape Technician!TASK Principal Manager Designer Drafter Administrative TOTAL

TASK 1 4 12 24 0 4 42TASK 2 10 48 32 0 8 98TASK 3 4 40 40 60 16 160TASK 4 4 32 40 40 16 132TASK 5 2 34 24 32 12 94TASK 6 8 20 24 8 8 68TOTAL 32 176 184 140 64 596

----- - . - ------~

GL-APage 3 of4

NEWPORT BROADWAY CONSTRUCTION PHASEGlA SUB CONSULTANT

FEE SCHEDULE

Estimated Pavroll Hours Rates TotalPrincioal 32 $ 75.36 $ 2,411.52Proiect ManaQer 176 $ 38.47 $ 6,770.72Landscape Desianer 184 $ 18.06 $ 3,323.04Technical/Drafter 140 $ 25.45 $ 3,563.00Administrative 64 $ 15.84 $ 1,013.76

Subtotal Pavroll $ 17,082.04

Overhead (125%) $ 21,352.55

Subtotal Payroll +Overhead $ 38,434.59

Profit: $ 3,843.46

Subtotal Payroll +Overhead + Profit $ 42,278.05

EXDenses:PrintinQ $ 200.00Mileaae $ 306.00

Total Reimbursable: $ 506.00

TOTAL FEE: $ 42.784.05

'-'---- -----

GLAPage 4 01'4

ANTONIOP. FRANCO & ASSOCIATESElectrical Engineers

17 Susan Dr.Cumberland, RI. 02864Tel. (401) 334 - 3400Fax. (401)334-9357

E-Mail: [email protected]

May 18,2011

The Louis Berger Grup, Inc.At!: Mr. James R Capaldi, PE75 Second Ave., Suite 700Needham, MA 02494

Re: Broadway Streetscape & Traffic ImprovementsCity ofNewport , RI..Historic Roadway and Landscaping Lighting DesignElectrical Engineering Services Proposal

Dear Mr. Capaldi,

We are pleased to submit our proposal to design a new historic roadway andlandscaping lighting system along Broadway between Washington Sq. and Cranston St.,for a Lump Sum of $24,0700.00. ,

The roadway lighting system will be either Option I or II , and landscape lightingwill be all or portions of the items described in our Historic Lighting Feasibility Studydated march 2010.

Below is a brief description of our proposed tasks:.. Meeting with National Grid to discuss decorative poleslluminaries that the

utility is offering to their municipal customers. Assess and evaluate thesepole/luminaries and determine their feasibility for the Broadway lightingproject. Prepare a brief economic evaluation and compare with the onesrecommended in our Lighting Study.

" Meeting with engineers, architect, ,and customer to review the HistoricLighting Feasibility Study and defme which option to select and whatfeatures to include in the landscaping portion ofthe project.

" Prepare lighting design for the roadway lighting system, including servicepedestal locations. Design guidelines to follow recommendations outlinedin our Historic Lighting Feasibility Study.

" Submit service pedestal load information and service location to NationalGrid. Review with national Grid, the removal and disposal of existing poleluminaries, and associated backcharges.

'" Prepare plans and specs for any selected landscape lighting systems.Submit for review by the City ofNewport and individual customers.

.. Prepare fmal drawings , specifications, DOQ, and revised cost estimates.'" Final review and stamp drawings for bids.'" Attend miscellaneous meetings (up to tour meetings) with Berger and

customer to review design progress and assure that all items are addressed.

Summary of Fee Proposal

84 hrs @ $110/hr.96 hrs @ $95/hr.60 hrs @ $75/hr.24 hrs @ $35/hr.

264

Project manager (PM)Project Engineer (PE)Engineer (PE)Clerical (C)SubtotalMisc. ExpensesMileage - 3 site trips and 4 customer meetings @ 100 mi/ea.700 miles @ $.50/mi.Misc. copies, photos, etc.SubtotalTotal Lump Fee Proposal

$9,240.00$9,120.00$4,500.00

$840.00$23,700.00

$350.00$20.00

$370.00$24,070.00

Note: Our proposal assumes that drafting will be provided by The Berger Group.

Additional services beyond the ones specified here including following the projectthough the construction phase, can be provided on an hourly basis of$95.00/hr.

Please feel free to contact me should you have any questions regarding any of theabove.

Very truly yours,

~ma!:~file: Broadway Lighting Design Proposal - Newport

Page 2

Agreement forSubsurface Utility Engin~eringand

Land Surveying Services

This is an Agreement between BL Companies, Inc., on behalf of itself and itsaffiliated companies d/b/a BL Companies (the "Consultant") and the Client. TheConsultant agrees to provide professional services with regard to the Site and the Clientagrees to pay for such services on the terms and conditions set forth below.

I. The Client is:

Client Name:Client Address:

Louis Berger Group, Inc.Michael P. WorhunskyI 17 Kendrick StreetSuite 400Needham, MA 02494

Client Phone:Client Fax:Client Email:Client Project #:BL Project #:

781-707-7474781 [email protected]

IISI594

2. The Site that is the subject of this Agreement is (Location/Address):

Broadway StreetscapeNewport, RI

3. The Owner of the Site.( ) The Owner ofthe Site is the Client.

(x) The Owner of the Site is~ the Client, but Clienthereby representsand warrants that Client has the legal authority to grant permission toConsultant and Consultant's personnel, machinery, vehicles andequipment, to access the Site and to perform the activities that are thesubject of this Agreement. Client agrees to defend, indemnify and holdharmless Consultant from all claims, damages, losses, and expenses(including attorney's fees), arising out of or resulting from Consultant'sentry onto and presence on the Site or performing the activities which arethe subject of this Agreement including, but not limited to, claims orallegations of injury to persons or damage to property, nuisance, trespass,or wrongful entry.

4. The Basic Services that the Consultant will provide are as follows. All ofConsultant's services are subject to the Special Terms and Conditions set forth inParagraph 10 below:

4.1 Consultant will determine whether "Underground Facilities" (definedbelow) are located in the "Mark Out Area" (defined below). If such

Page 1 of7

facilities are found to exist, the approximate location will be marked onthe ground surface.

4.2 The Underground Facilities which Consultant will attempt to locate aspart of this Agreement are. limited to those specified below:

The Underground Facilities for this Agreement are:Electric, Communications, Water, Gas, Sanitary, Storm, Site Lighting,Traffic, Trolley Tracks

4.3 The "Mark Out Area" in which Consultant will provide services is( ) The entire Site.(x) Limited to the following defined area within the Site. Consultant

is not responsible for any underground facilities or otherunderground structures of any type outside the following Mark-OutArea:

The Mark Out Area for this Agreement is limited to:The Southern portion of the project from Cranston Street south toFarewell Street. This portion of the project is approximately2000 LF.

4.4 Subsurface Utility Mark Out. Consultant will endeavor to detect andlocate underground utilities within the Site, based on records of suchutilities provided by Client and those which the Consultant is able toobtain from local utility owners. In order to produce a higher-qualityutility survey, Client is urged to provide Consultant any and all utilityrecords that exist for the Site. Such records provide an important startingpoint for the utility survey. Such records are assumed to be correct andcomplete unless obviously contradicted by Consultant's observations. Inaddition to the records, Consultant shall utilize the following techniques todetect and locate underground utilities within the Site:

4.4.1 Search Based on Visible Utility Features - Consultant will openvisible utility valve boxes, manhole covers, etc., that are accessibleand not locked down, and will hook detection equipment ontothese features, or will use these features as a starting point forGround-Penetrating-Radar scan, for the purpose of detecting andmarking utilities at the ground surface.

4.4.2 Search Based on Known Utility Services in Buildings Consultant, with Client's escort, will enter buildings on orimmediately adjacent to the Site and will endeavor to locateexisting utility services entering or exiting these buildings, and willhook detection equipment onto these services, or will use thesefeatures as a starting point for Ground-Penetrating-Radar scan, for

Page 2 of7

the purpose of detecting and marking utilities at the groundsurface.

4.4.3 General Sweep Based on Electromagnetic Induction - Consultantwill endeavor to induce an electromagnetic signal to additionaland/or undocumented utility lines that may be present within theSite, for the purpose of detecting and marking utilities at theground surface.

4.4.4 General Sweep with Ground-Penetrating-Radar - Consultant willendeavor to locate additional or undocumented utility lines thatmay be present within the Site by performing a general sweep ofthe Site with Ground-Penetrating-Radar equipment, for the purposeof observing anomalies underground resembling utility lines, andmarking potential utility lines on the ground surface.

4.5 Land Surveying Services. The Consultant will perform field survey of theutility mark-out in the southern portion of the project. Utilities will be addedor revised to the existing base map, prepared by others, and provided to theConsultant in a digital format. The Consultant will also field verify the overallproject existing base map and update accordingly. The field edit includes boththe southern and northern portions of the project. Horizontal locations andvertical elevations will be tied into the established datum for the project.Survey control points will be provided to the Consultant. See also Exhibit AClient Scope of Services attached herewith.

4.6 Test Pit Services. The Consultant will perform 5 vacuum excavation test pits.Test pit locations will be determined by the Client. See also Exhibit B- TestPit Scope of Work.

5. Fees. Client will pay for the Basic Services specified above on the followingbasis:

Service

4.0 Basic Services-Utility Survey & Field Edit4.6 Test Pit Services (5 assumed-expenses included)7.0 Expenses (Police Protection, traffic control, travelfor survey and utility markout.)

FeeAmount$27,500

$6,000

$5,500

TypeFixedFixed

Est.

Fixed Fee. Consultant will provide the Basic Services for a Fixed Fee regardlessofthe time spent.

6. Additional Services. The only services being provided within the Fee for BasicServices are those set forth in this Agreement. If Client requests AdditionalServices beyond those included in the Basic Services, Client will pay for such

Page 3 of7

Additional Services using Consultant's Hourly Billing Rates in effect when theServices are performed in addition to the Fee for Basic Services.

7. Expenses. Routine copies and printing, tirst class postage, local and longdistance telephone service and facsimile transmission and receipt will be providedwithout charge. Client will pay Consultant for mileage at the IRS rate and willpay for any other out-of-pocket expenses at cost plus 15% for administration andoverhead. Police protection and or traffic control will be considered an additionalexpense.

8. Fee Protection. The Fees set forth in this Agreement are valid for ninety (90)days from the date it is signed by Consultant.

9. Billing. Consultant will issue monthly invoices for Fees and Expenses. Invoicesare due on receipt. Client will pay interest at 1.5% per month on the unpaidbalance of any invoice beginning on the 31st day after the date of the invoice.Client will pay attorney fees, collection agency fees and all other expensesincurred in collection.

10. Special Terms and Conditions.

10.1 Standard of Care. Services provided by Consultant under thisAgreement will be performed in a manner consistent with the degree ofcare and skill ordinarily exercised by members of the same professioncurrently practicing under similar circumstances.

10.2 No Guaranty or Warranty. Client recognizes that special risks occurwhenever engineering or related disciplines are applied to identitYsubsurface conditions. Even a comprehensive detection program,implemented with appropriate equipment and experienced personnel underthe direction of a trained professional who functions in accordance withthe professional standard of practice may fail to detect certainunderground facilities or may fail to accurately identify their location.Accordingly, there is no guaranty or warranty, express or implied, that allUnderground Facilities will be located or that their location will beaccurately identified.

Client understands that readings from underground utility detectionequipment are subject to environmental factors such as variable soilconditions, presence of groundwater, thick concrete pavements,reinforcing steel, and other factors. Due to these factors, general sweepsof the Site performed with Electromagnetic Induction or GroundPenetrating-Radar may be inconclusive.

Client understands that if records are not provided to Consultant,Consultant will undertake the efforts described in Section 4.4 in order to

Page 4 of?

locate the utilities. However, Client understands that each of thesesearches may be hampered by factors beyond the control of the Consultantand may not be effective.

10.3 Limitation of Liability. To the fullest extent permitted by law, the totalliability of Consultant to Client, and anyone claiming by, through, orunder Client, for any and all irtiuries, claims, losses, expenses, or damageswhatsoever arising out of or in any way related to Consultant's services,from any cause or causes whatsoever, including but not limited to,negligence, errors, omissions, strict liability, breach of contract, or breachof warranty, shall be limited to an amount of $50,000 or Consultant's fee,whichever is greater.

II. Acceptance of Agreement. This Agreement, and any amendment or anysupplemental agreement pursuant to this Agreement, including an agreementregarding Additional Services, may be executed in counterparts which takentogether shall have the same force and effect as a single document and may beexecuted and the signature transmitted by facsimile or by email authorization. Asignature transmitted by facsimile or an email authorization shall be binding andshall have the same force and effect as an original signature.

AGREED AND ACCEPTED:

BL COMPANIES355 Research ParkwayMeriden, CT 06450203-630-1406

(\"-~ ~,v,.J<<;.By: 7J~'

(Signature)

Jennifer Marks, LS(Printed Name)

Title: Principal

Date: 7/11/11

(Printed Client Name)

By:~__-,---- _(Signature)

(Printed Name)

Title: _

Date: _

Page 5 on

Exhibit A-Client Scope of Work

Overall ProjectThe work to be perfonned by the utility survey sub-consultant includes verifyingand supplementing the basemapping provided by RIDOT, from the southerlyProject limit at Farewell Street to the northerly Project Limit at Bliss Road. LBOwill provide the sub-consultant AutoCAD dwg file.Overall Project Length=3400 LF

Northern ProjectFor the northern portion of the Project (Cranston Ave to Bliss Road), the subconsultant shall review the utility infonnation shown on the basemapping forcompleteness and accuracy. Locations of all utility poles, traffic signal handholes, loop detectors, manhole covers, pull boxes and water/gas gates shall beconfinned. Overhead wires shall be shown.Northern Project Length= 1400 LF

Southern ProjectA comprehensive utility mapping for the southerly portion of the Project(Farewell Street to Cranston Ave), shall be provided. The sub-consultant shallreview the utility infonnation shown on the basemapping for completeness andaccuracy, including locations, pipe sizes and materials, duct banks. Locations ofall utility poles, traffic signal hand holes, loop detectors, manhole covers, pullboxes and water/gas gates shall be confinned. Overhead wires and undergroundservice connections/drops shall be shown. Invert elevations to the nearesthundredth of a foot shall be obtained at all stonn and sanitary sewer structures.Record infonnation shall be obtained from the City Department of Utilities for thestorm sewer, sanitary sewer and water systems and the applicable private utilitycompanies with facilities within the Project limits, including but not limited toelectric, cable, telephone and gas. Depths of cover shall be obtained for the watermain, gas main and all other underground utilities that are present. Test pitsand/or vacuum excavation shall be perfonned as necessary to verify locationsand/or depths.Southern Project Length=2000 LF

Lastly, the sub-consultant shall verify the presence of abandoned trolley trackswithin the roadway in the Project limits. If present, the tracks should be locatedand approximate depth of burial shall be provided.Total Project Length=3400 LF

Page 6 of7

Exhibit B - Test Pit Scope of Work

Test Pits - Subsurface Utility Investigatiou (Quality Level A) Consultant will provideQuality Level A utility test pit investigation and mapping. The specific level will bebased on the Standard Guidelines for Collection and Depiction of Existing SubsurfaceUtility Data CIIASCE 38-02 developed by the American Society of Civil Engineers.

Excavate test holes exposing the utility to be measured in such a manner that protects theintegrity of the utility to be measured. Exposure will be performed via minimallyintrusive vacuum excavation with air. Consultant will dig a twelve (12) inch diameterhole down to a depth of approximately ten-twelve (10-12) feet depending upon soilconditions and ground water table elevations.

Excavated soils will be backfilled in to the test hole and compacted for proper restoration.

Comply with applicable utility damage prevention laws, permits and specifications andcoordinate with utility and other inspectors as required.

Determine (a) the horizontal and vertical location of the top and/or bottom of the utilityreferenced to the project survey datum; (b) the elevation of the existing grade over theutility at a test hole referenced to the project survey datum; (c) the outside diameter of theutility and configuration of non-encased, multi-conduit systems; (d) the utility structurematerial composition, when reasonably ascertainable; (e) the benchmarks and/or projectsurvey data used to determine elevations; (I) the paving thickness and type, whereapplicable; (g) the general soil type and site conditions; and (h) such other pertinentinformation as is reasonably ascertainable from each test hole site.

Resolve differences between depicted Quality Level A data and other quality levels.Depict Quality Level A data on the existing conditions base plan.

Provide police protection and/or traffic control.

Test Pit Costs = $1200 per hole.Minimum cost is I day @ $6,000 - assumes 5 test holes completed per day

Page 7 of?

EXHIBIT "B"

SCHEDULE

II BROADWAY STREETSCAPE IMPROVEMENT PROJECT #11-054NEWPORT,RI

PROJECT SCHEDULE - JULY 2011

ask Name Duration Son Finish 2012

PROJEcT INIfuTION1m Aug Sop 0" Nov Do< 1m Pob M" Ape M,y

28 days Mon 8/1/11 Wed9n/11 $' 7 -_x1;

Meeting with City Officials and RIDOT - Bicycle "Shared Lane"!Angle Parking & Acceptance of 1 day Mon 8/1/11 Mon 8/1111 •.i10130% Design Previously Submitted

Review Traffic Accident Data - Bicycle. Angle Parking & Pedestrians 2wks Tue 8/2/11 Mon 8/15/11 ~Meeting with City Officials and Stake Holders - Bicycle "Shared Lane" and Angle Parking 1 day Tue 8/16/11 Tue 8/16111 IBicycle "Shared Lane" and Angle Parking Alternatives Analysis 2wks Wed81171l1 Tue 8/30111 .~

~

Submit Alternatives Report o days ue 8130111 Tue 8/30111 ~8J3<)

Discussion with City Officials on LandscapelHardscape Alternatives I wk :wed 8131/11 Tue 9/6111 QMeeting with City Officials and Stake Holders - LandscapelHardscape Alternatives I day Wed9n111 [Wed9n111 T,Continue to Seek Cost Effective Subconsultants for Underground Survey 2wks Tue 8/2/11 Mon 8/15/11 (,;;;JSelect Subconsultant for Underground Survey Exploration odays Mon 8/15/11 Mon 8/15/11 ~ 8IlS

PreliminarySurvey Exploration 3 days "ue 8116/11 Thu 8/18/11 0FINAL DESIGN 105 days Thu 918111 Wed 211112 $" .

'"Highway Design, Traffic Design, Lighting & Landscape Design 4 mons Thu 918/11 [Wed 12/2811 1 kZMmtii't7 r

~

Ht W'&i

Stonnwater Management and Design 1 mon Thu 1113/11 Wed 11/30111 ~Wetlands & Water Quality Permitting 1.5 mons Thu 1211/11 Wed 1111/12 c::;,:::;=JDetailed Underground Survey Exploration 3 wks [Thu 11/3111 Wed 11123/11 ,~

~

Utility Coordination 2 mons I,hu 11/24/11 Wed 1/18/12 ! . .'\<!!'¥ii'iW'WEtt'M1>J

90% Submission to RIDOT Oelays Wed 1118112 Wed 1118/12 ~ 111.

Right-of-Way Submission to RIDOT (if necessary) 2wks Thu 1/19/12 Wed 2/1112 r--,~

PS&E SUBMISSION 25 days Thu 2116/12 Wed 3/21/12 $'~H~

Address Comments from RJDOT on 90% Submission 1 mon Thu 2/16/12 Wed 3114/12 ~-1

~¥'t"ifF?"

Utility Coordination & Additional Subswface Investigations (if necessary) 3 wks [Thu 2/16112 Wed3nl12 r--;i';,,,"'''''';

Submit PS&E to RIDOT o days Wed 3/14112 Wed 3/14112 ~ 3/14

Right-of-Way Submission (if necessary) 1 wk' Thu 3/15/12 Wed 3/21/12 Q

~DVERTISTING 15 days Thu 3/15/12 !Wed 414112 W$~

Final Contract Documents to RIDOT I wk Thu 3/15/12 Wed 3/21/12 nh~

Advertising Dates wks Thu3122112 Wed 4/4/12 ~,

'~

POST DESIGN 5 days Thu 4119/12 Wed 4/25/12 ~Post-Bid Review 1 wk Thu 4119/12 Wed 4/25/12 QBegin Construction Support odays Wed 4/25/12 Wed 4/25/12 ~4125

EXHIBIT tiC"

FEE SUMMARY

~>':'~EWP()R·l·

1111 00 I; I S I ,,~. n

City of Newport, Rhode IslandBroadway Streetscape Improvement Project #11·054

Task and Fee Summary - July 15, 2011

TASK SUMMARY

2 FINAL DESIGN

3 PS&E SUBMISSION

4 ADVERTISING

5 POST DESIGN

LBG TOTAL COST GLA TOTAL COSTBY TASK BY TASK

$178,184.16 $27,333.41

$40,434.24 $14,944.64

$15,977.28

$12,006.72

SUBTOTAL $246,602.40 $42,278.05

Direct Expenses:Subsurface Exploration $39,000.00

Lighting Design $24,070.00

Travel $700.00 $306.00Printing $4,000.00 $200.00

Postage $500.00

TOTAL $314,872.40 $42,784.05

GRAND TOTAL = $357,656.45

• THE Louis Berger Group, INC.

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MEMORANDUM

To:

From:

Date:

JRE:

Mayor and Councilors

Edward F. Lavallee, City Mallllager

August 2 2011

At the July 27, 2011 Council Meeting, docket item 4877/11, Broadway Streetscape Final EngineeringPlan, was continued to the August 10, 20II meeting. The purpose of the continuance was to allow timefor the City staff to provide a depiction of the preliminary engineering streetscape plan as it currentlyexists. Specifically, details are sought on the resolution of design options discussed at previous workshopsand work group sessions, including:

@ Inclusion in the streetscape design of a bike path, and its relationship to angular parking spacesfor vehicles;

m Reconfiguration of traffic flow on Broadway south of the intersection at Marlborough xBroadway, to become one-way south;

o Improvement of street lighting to convert existing lights or add new decorative/historic lights;

o Addition of bump-outs and other traffic calming features; and

e Use of rain gardens and other methods of reducing the impact of storm water run off.

These and other aspects of the project were presented in conceptual form and open to discussion atprevious public work sessions. Attached herein is a memorandum from Planning Director Paige Bronksummarizing the status of the project. As noted in his report, much of the project components andspecific determination of inclusion of some optional items are at the conceptual stage at the completion ofthe preliminary engineering phase. During the final engineering work decisions regarding the inclusion,modification, or deletion of these elements will be discussed and finalized. Among the criteria that willimpact those decisions are: safety, aesthetics, cost, continuity, and environmental considerations.

In summary, the product of the preliminary engineering phase is a conceptual plan that identifies someessential program elements and a list of optional inclusions. The final engineering phase will begin withconsideration of the conceptual plan as a work-in-progress. Some of the optional elements are cited in theattached memo as Preferred Alternatives; which is to say that at this point those elements are included inthe conceptual layout but not mandated components of the plan. These elements are subject to furtheranalysis and refinement, and final determination as to their inclusion in the project. There will becontinuing opportunity for public review and comment on the project elements.

EFLlpafAttachment

August 2, 2011

Overview:

The Preliminary Design Phase was finalized in 2010 for the Broadway Project. The streetscape project limits arefrom Farewell Street to Cranston Avenue. In addition, the paving of this roadway would include this distanceplus be extended north to Bliss Road. The effort included multiple public meetings including guidance from the"Advisory Committee." The Committee consisted ofBroadway merchants, residents, a City Council liaison, andthe AARP. Also, there were two public input meetings held plus a Council Workshop.

Broadway is a major north-south urban arterial connecting points north to the center ofNewport. The roadwayprimarily has one lane in each direction, with on-street parking on both sides. Through the project limits, theadjacent land uses are primarily commercial to the south and a mix ofcommercial and institutional to the north.Major landmarks in the project locus include Newport City Hall, Thompson Middle School, St. Joseph's Church,First Presbyterian Church, Newport Police Department, Cranston-Calvert Elementary School, Equality Park, andCongdon Park.

This corridor is the most trafficked central artery leading to Newport's downtown. This transitional portion ofBroadway extends the city northward toward residential and extended commercial districts. Northern Broadwaypresently has no dramatic transition, no strong sense of arrival, no clear message that one is entering one of themost historically significant cities in the country. Metropolitan quality, pedestrian friendliness, and self-identityhave been sacrificed to accommodate motor vehicles. Initial project goals were as follows:

~ Improvements at crosswalk locations for enhanced pedestrian safety.~ Maximization ofon-street parking capacity." Sidewalk amenities including decorative paving, street furniture, and plantings at optimal locations." Potential conversion of Broadway to one-way traffic flow southbound between Marlborough and

Farewell... Replacement/augmentation ofcobra head lighting with historic pedestrian-scale fixtures... Reduce pedestrian/vehicular conflicts on Broadway sidewalks by modifying curb cuts to reduce vehicular

and pedestrian conflicts... Widening sidewalks at select points for sidewalk cafes, pedestrian amenities, and bike racks

Preferred Alternatives:

The process considered and reviewed various options and alternatives. The corridor was divided into threesubareas including "Southern Broadway", "Mid-Broadway", and "Northern Broadway." Attached are the designiroages illustrating the preferred alternatives for each snbarea. In general, the preferred alternatives include thefollowing elements:

" Narrowed automobile travel lanes and intersections to slow traffic and increase pedestrian safety.~ Strategically relocating crosswalks proposing some to be elevated." Combination ofdiagonal and parallel parking with net increase offive spaces... Proposed different road snrface (design and color, stamped surfuce) for parking areas to differentiate

visnally from automobile travel lanes and bike areas.~ "Share the road" bike areas between parking and travel lanes on both sides ofroadway... "Bump outs" at key locations for traffic calming and pedestrian safety." One way travel lane south from Malborough to Farewell." Expanded "green areas" particularly at intersection ofMarlborough and Broadway and at Equality Park.

August 2, 2011.. Eliminated bus pull-offs to maximize pedestrian space and automobile parking... Reduced width ofextremely wide curb cuts at some commercial locations.

With the guidance ofthe "Advisory Committee", it was understood how critically important it was for all of thealternatives studied to incorporate the maximum possible parking spaces. This was successfully accomplishedwhile still providing for the streetscape elements necessary to "calm" the existing traffic flow, without anydeterioration in level of service. Certain portions of Broadway's width, especially near Dunkin Donuts, weredetermined to be unusually wide. As a result, the roadway width and orientation was realigned to significantlyimprove pedestrians' convenience and safety.

There was strong support for the new "one way" traffic flow from Marlborough to Washington Square. Also,there was a re-design ofthe Marlborough/Broadway intersection to reduce the high speed right turns. This designconcept also provided reduced crossing distances for pedestrians and opened up areas for aesthetic, streetscapeand water quality enhancements.

The preferred alternative re-aligned, redesigned, relocated and/or removed the existing crosswalks. Some wereproposed to be elevated and some remained "at grade". Concerns from the Frank E. Thompson Middle Schoolwere addressed by relocating the two crosswalks closest to the school to better accommodate students walkingfrom nearby neighborhoods.

New pedestrian scale lighting options were recommended afIer completion ofa lighting feasibility analysis. Aretrofit to the existing system is possible which would satisfy lighting standards. Replacement ofthe Cobra headlighting with a substitute would be required to satisfy aesthetic lighting concerns.

Final Design Considerations:

The Preliminary Design Phase successfully addressed many desires. However, more design needs to beaccomplished including the following:

.. The relationships of a bicycle travel lane, especially as it operates adjacent to the angle parking. Thisincludes gathering and reviewing all ofthe information available on a relatively new concept of"backinginto" angle parking. A report will be prepared on the advantages, disadvantages and safe operation, andstakeholders will be engaged.

.. Investigate the location of the existing utilities, especially the vertical location of the Trolley Tracks.There were public comments requesting that we "flatten" the center ofthe road to reduce the rather steepslopes of the angle parking. This would improve safety and have improved pedestrian and aestheticadvantages.

.. RlPTA's interests and principal concerns have been addressed, but they need to be fully engaged toaddress the remaining issues with the Bus Stop locations, including shelter types and access.

.. The public strongly supported changes to the existing lighting. The Preliminary design presentedalternatives that would light the sidewalk area as well as the roadway and possibly the raised crosswalksusing "historical" standard types. Due to the high construction cost, the next phase will analyze NationalGrid's new "historically compatible" options to see if they can accomplish our goals. Funding supportfrom RIDOT may allow more flexibility ofchoice during final design.

.. Proposed areas for landscape, streetscape and water quality enhancements need to be designedconsidering the resources necessary for proper maintenance.

.. Project success as perceived by the public will require the inclusion ofsome landscaping. Plant selectionswill minimize the need for repetitive maintenance including watering. However, all landscapes willrequire some care. During the preliminary design process, numerous property owners and business

August 2, 2011owners within the project area were engaged in discussions of"adopting" and caring for plant materials,weeding, etc. The City's Arborist has also been engaged in the process.

• Storm water quality improvements were added as a concept in the initial phase, but more detailed designsneed to be refined for "rain gardens" and "bio-filtration" and how they can be incorporated into theproject in new "green areas" and possibly at "bump out" locations.

• RIDOT comments and questions as a result of the future engineering review and analysis plus fueunderground utility survey.

Estimated Project Costs and Funding:

• Cost estimate for Broadway Streetscape Project from Washington Square to Cranston Avenue(includes paving of Broadway, sidewalks, stormwater, utilities, landscape, hardscape andlighting) = $3,099,620

• Cost estimate to cold plane and overlay pavement from Cranston Avenue to Bliss Road =$394,380 .

• Total Estimated Project Construction Cost =$3,494,000• The State has allocated $1.25 million to date for the paving portion of the project through the

Transportation Improvement Program (TIP). Additionally, RIDOT has been working with theCity to secure additional funding. RIDOT recently applied on the City's behalf for FederalHighway Administration (FHWA) (Transportation, Community and System Preservation TCSP) grant funds. RIDOT provided a letter (see attached) that indicates their intent to constructthis project, once designed, pending available funding.

• Additional construction funding includes Community Development Block Grant (CDBG) and"Safe Routes to School" grant funding.

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Broadway StreetscapeNewport, Rhode Island

Mid-BroadwayPreferred Alternative - Sheet 2 of3

The Louis Berger Group,lnc.

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Existing Granite Accent Paving


Rhode Island Department of Transportation.ENGINEERING DIVISIONTwo Capitol Hill, Rm.226Providence, RI 02903-1124PHONE 401-222-2023FAX 401-222-3006; TDD 401-222-497J

Mr. Paige R. BronkDirectorDepartment of Planning, Zoning, Development & InspectionsCity ofNewport43 BroadwayNewport, RI 02840

Subject: Broadway Streetscape and Traffic Calming Improvements

Dear Mr. Bronk:

July 22, 2011

As you know, we have been working with the City on the development ofthe Broadway Streetscape andTraffic Calming Improvements project. This project is currently listed in the Pavement ManagementProgram of the Transportation Improvement Program. We will make every effort to construct this projectonce design is complete, pending available funding.

Should you have any questions or require additional information please contact me or the ProjectManager, Courtney Danella at 222-2023 x4093.

Very truly yours,

RobertA. Smith, P.E.Deputy Chief Engineer

RAS/cmdAttachmentscc: Danella, Palumbo, Farhoumand, Smith; File

William R. Riccio, Jr., P.E., City of Newport


Rhode Island Department of Transportation.ENGINEERING DIVISIONTwo Capitol Hill, Rm.226Providence, RI 02903-1124PHONE 401-222-2023FAX 401-222-3006; TDD 401-222-4971

Mr. Paige R. BronkDirectorDepartment ofPlanning, Zoning, Development & InspectionsCity ofNewport43 BroadwayNewport, RI 02840

Subject: Broadway Streetscape and Traffic Calming Improvements

Dear Mr. Bronk:

July 22, 2011

As you know, we have been working with the City on the development ofthe Broadway Streetscape andTraffic Calming Improvements project. This project is currently listed in the Pavement ManagementProgram of the Transportation Improvement Program. WIi will make every effort to construct this projectonce design is complete, pending available funding.

Should you have any questions or require additional information please contact me or the ProjectManager, Courtney Danella at 222-2023 x4093.

Very truly yours,

Robert A. Smith, P.E.Deputy ChiefEngineer

RAS/cmdAttachmentscc: Danella, Palumbo, Farhoumand, Smith; File

William R. Riccio, Jr., P.E., City ofNewport

Communication # 4885/11Docket Date: August 10,2011

To:From:Date:Subject:

City of Newport

REQUEST FOR CITY COUNCIL ACTION

Mayor Stepheu C. Waluk & Members of the City CouucilEdward F. Lavallee, City Mauager cfiJ{jIHJuly 5, 2011Natioual Grid Petition - 365 Thames Street - New Pole for ServiceTo Newport Harbor Center Transieut Boating Facility

Staff Presentation:Applicant Presentation:

RECOMMENDATION:

The Council's consideration of the attached petition is requested. Staff has reviewed and recommends approval of thepetition.

BACKGROUND AND FINDINGS:

Attached is a petition from National Grid for installation of a new pole to provide service for the City's TransientBoating Facility at the Newport Harbor Center. Copies of the petition were forwarded to staff for review. Thecommunications from the Public Services, Utilities and Planning Departments are enclosed. The Police and FireDepartments have also advised that they do not have any concerns with the application.

PREVIOUS LEGISLATIVE ACTIONN/A

FISCAL IMPACT_ Currently Budgeted (Account -----') _ Requires additional appropriation l No Fiscal Impact

SUPPORTING DOCUMENTSPetitions from National GridCommunication from Planning, DepartmentCommurtication from Public Services DepartmentCommurtication from Utilities Department

Finance Dept Review: Date By: _ (if applicable)

cc: Marlsa Albanese, National Grid

PETITON OF THE NATIONAL GRID FORJOINT OR IDENTICAL POLE LOCATION

TO THE HONORABLE TOWN COUNCIL _

OF __N.EWPORT.=-::-:-:-==c::c~.,----:=c::=--__RHODE ISLANDTHE NATIONAL GRID

Respectfully asks permission to locate and maintain poles, wires and fixtures, including the necessarysustain and protecting fixtures to be owned and used in common by you petitioner along and across thefollowing public ways:

THAMES STREET PROPOSE NEW JO POLE LOCATION

Wherefore your petitioners pray that they be granted joint of identical location for existing poles andpermission to erect and maintain poles and wires together with such sustaining and protecting fixtures asthe may find necessary, said poles erected or to erected substantially in accordance with the plan filedherewith marked: 207133

DATED 6/6/2011

Your petitioner agrees to reserve or provide space for one cross arm at a suitable point on each of said polesfor the fire, police, telephone signal wires belonging to the municipality and used by it exclusively formunicipal purposes.

THE NATIONAL GRID

BY; 7YY (w..d ~JJO I~AMichael Iervolino, EngineeringW.,J

THEVERIZON~

ByWt~C~ _.....-ORDER ----\-l-\. U

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

A true copy of the vote at the _

Adopted and recorded in Records Book# P.age#

CLERK

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PLAN TO ACCOMPANY PETITION DATED _

TOTHE C.11, OF: '01t,"",,?u,..l- FOR:_'U----'-"----=--.--=3'--'-' _

JOINT POLE LOCATION ON: . ~Cl~c;. ~\-~_"':"":'=':'=~--=--'-------------

DATE OF PLAN PLAN # _

DESCRIPTION OF WORK: \f'l,\z.\\'I\~ \'4o\,t\"" t.\e-.. \ '2 ~.;)l...-.~r keuive= ®:> 3c.. ~ ~w-. ~F

DATE OF EXISTING GRANT: _

SYMBOL KEYo Existing Pole Location• Proposed New Pole LocationQ9 Existing Pole to Be Abandoned<\: Proposed Anchor

MAP# _

CITYOFNEWPORT

DEPARTMENT OF PLANNINGAND DEVELOPMENT

MEMORANDUM

TO:

FROM:

DATE:

RE:

Edward F. Lavallee, City Manager

Paige R. Bronk, Director

August 3, 2011

National Grid Pole Request365 Thames Street - New Pole # 31

The Planning and Development Department has reviewed the request and offers thefollowing comment.

365 Thames Street - New Pole # 31 The Department does not have any issues with theplacement of this new pole. This service would serve the new Transient Boater Facilityat the Armory. The Rhode Island Historical Preservation and Cultural Commission(State Historic Preservation Office) governs the property through historic easements.Although underground service would be preferred, the Commission will not allow a padmounted transformer on the front of the building. Other property locations are notfeasible for a transformer due to floodplain concerns and also required clearances. Theinstallation of the new pole on Thames is the best option to serve the facility's electricalneeds.

City Of NewportDepartment of Public Services280 Spring StreetNewport, RI 02840

MEMORANDUM

TO:

FROM:

DATE:

RE: National Grid Application - Thames Street - service to Transient Boater Facility

This petition involves the addition of a utility pole to provide service for the Transient BoaterFacility that is housed within the basement level of the Armory Building. The new pole is locatedbetween Ann Street and Brewer Street and has been located at the corner of the church parkinglot and the adjacent building. Upon inspection, this appears to be the least intrusive iocation forits placement. Natlonai Grid indicates that underground service would require street level surfacepad mount transformers and switch gears be placed within the plaza area located within the frontof the Armory building; however, it appears that the State Historic Preservation Officer objects tothis type of installation due to its negative impact upon the historic structure. These surface padmounted transformers and gears need to be appropriately located to provide regulatedciearances to structures etc which would likely require block walls and or fencing to surroundthem similar to the most recent similar installation that serves the 41 Degrees North property.Although underground facilities may be preferred in concept, it appears that the pole installation isthe least obtrusive to the area. If you have any questions, please do not hesitate to contact meat your convenience.

xc: File.

CITY OF NEWPORT, RHODE ISLANDDEPARTMENT()F_UTILITIES

MEMORANDUM

TO: Julia Forgue, Director ofUtilities

FROM: Ken Mason, Deputy Utilities Director - Engineering ~

DATE: 8/2/11

RE: National Grid - Installation ofnew ofElectric Service PoleThames Street between Ann Street and Brewer Street

=+

The installation ofthe electric service pole as requested by National Grid, has been reviewed withrespect to water, sanitary sewer and storm drains. -

The installation of a new pole on Thames Street, 65 feet south ofAnn Street as shown on theNational Grid plan dated June 6, 2011, wiIl not interfere- with any existing sanitary sewers, stormdrains or water mains and services. The proposed project is acceptable to the UtilitiesDepartment.

Communication # 4886/11Docket Date: August 10, 2011

City of Newport



Staff Preseutation:

RECOMMENDATION:

Mayor Stephen C. Waiuk & Memb~'liJi.I#J the City CouncilEdward F. Lavallee, City Manage?)3$"·---·August 1, 2011US Environmental Protection Agency Grant - Affirmation of AwardEaston Pond Ultraviolet (UV) Stormwater Treatment ProjectJoan Tracey, Deputy Utilities Director - Finance

The Department of Utilities staffreconunends authorization to allow the Mayor to sign the Affirmation of Award for theEaston Pond UV Project in the amount of$485,000.


In May 2010, the United States Environmental Protection Agency included the City of Newport on the funding list ofthe EPA Fiscal Year 2010 Appropriations Act for a water pollution control management project for $485,000. Thetargeted project is the Newport Ultraviolet Treatment of Storm water at Easton's Beach - Construction.

The City filed an Application for Federal Assistance for the Grant on March 29, 2011 (CR 2011-41). The Award wasapproved by the EPA on May 3, 2011 and the Grant Agreement must now be signed by an authorized official of theCity.

PREVIOUS LEGISLATIVE ACTION

Council Resolution No. 2011-41

FISCAL IMPACT_ Currently Budgeted (Account ~) _ Requires additional appropriation .1L No Fiscal Impact

SUPPORTING DOCUMENTSResolutionAward Agreement

Finance Dept Review: Date By:~ _ (if applicable)

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No .

RESOLVED: that the Grant Agreement betweenthe City of Newport and theUnited States EnvironmentalProtection Agency for theUltraviolet Treatment ofStormwater in the amount of$485,000.00 is hereby approvedand the Mayor is authorized tosign said affirmation upon reviewby the City Solicitor's office,on behalf of the City.

IN COUNCIL

READ AND PASSED


)THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCILj;\QH"41No .

)

RESOLVED: that the Application for FederalAssistance between the City ofNewport and the EnvironmentalProtection Agency in the amountof $485,000.00 is hereby approvedand the Mayor is authorized tosign said application on behalfof the City, subject to favorablereview by the City Solicitor.

IN COUNCIL

READ AND PASSEDMarch 23, 2011

EM 96140301 0 P- - aoaASSISTANCE 10 NO.

·~ft~- U.S. ENVIRONMENTAL PRG I DOC 10 IAMEND# DATE OF AWARD

EM - 96140301 - 0 05/0312011

~lPROTECTION AGENCY TYPE OF ACTION MAILING DATE

New 05/10/2011

f>AcJ¢';I Grant Agreement PAYMENT METHOD: ACH#Reimbursement 10341

RECIPIENT TYPE: sand payment Requast to:Municipal See programmalic tenn and condition nos. 13 & 14.RECIPIENT: PAYEE'City of Newport RI Cily of Newport RI70 Halsey Slraal 70 Halsay StreatNewport, RI 02840 Nawport, RI 02840EIN: 05-6000260PROJECT MANAGER EPA PROJECT O~FICER EPA GRANT SPECIALISTJoan Tracey Katie Connors Hanry Burrall70 Halsey Street 5 Post Office Square, Suite 100, OEP06·2 Grants Managament Office. 5 Post Office Squara,Newport, RI 02840 Boston, MA 02109-3912 Sulta100, Boston, MA 02109-3912, OARM16·2E·Mall: [email protected] E·Mall: [email protected] E·Mall: [email protected],Phone: 401-645-5602 ,Phona: 617-918-1658 Phona, 617-918-1973PROJECT TITLE AND DESCRIPTIONPurchase Easton Beach UV DIsinfection SystemThis Is aCongressional Eannart< that will off.at tha costa of the City of Newport's Easton Ileach Stonn Watar Ultraviolet (UV) Disinfection System project, Thegrant will fund the purohase of the UV dislnfactlon system by the construcllon contractor from the manufacturar.

BUDGET PERIOD I'PROJeCT PERIOD TOTAL BUDGET PERIOD COST ITOTAL PROJECT PERIOD COST07101/2009 • 0613012012 07/0112009 • 06130/2012 $1.700,000.00 $1,700,000.00

NOTICE OF AWARD

; Ilased on your application dated 03/28/2011. Including all modifications and amendmants, tha United States acting by and through the US Environmental; Protactlon Agancy (EPA), hereby awards $485,000. EPA a9rees to cost·share~% of all approved budgat period oosts Incurred, up to and not exceeding

totalledere' funding of $485.000. Such eward may be termlnaled by EPA without further cause If the recipient fells to provide timely affirmation of the awardby signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed balow within 21 days afterreceipt, or Bny exten.lon of time. a. may be granted by EPA, This agreement Is subject to appllcabla EPA statutory prOvIBlons. The appllcabla regulatoryprQvlslona are 40 CFR Chapter 1. Subchapter B, and all terms and condlllons of this agreement and any attachments.

ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICEORGANIZATION 1ADDRESS ORGANIZATION I ADDRESSEPA Naw England U.S, EPA, EPA New EnglBnd6 Post Office Square, Suite 100Iloston, MA 02109·3912 5 Post Office, Square. Sulle 100

Boston, MA 02109·3912THE UNITED STATES OF AMERICA BY THE U,S. ENVIRONMENTAL PROTECTION AGENCY

SIGNATURe OF AWARD OFFICIAL TYPED NAME AND TITLE DATEDigital signature applied by EPA Award Official Mlcha.1 Kenyon, Acting Dlractor Office of Administration & Rasource 05/03/2011

Management

AFFIRMATION OF AWARD IBY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION

SIGNATURE TYPED NAME AND TITLE DATEStaphen Waluk, MByoT

EPA Funding Information EM·96140301 - 0 Page 2

FUt-lDS FORMER AWARD THIS ACTIOt-l AMENDED TOTAL

EPA Amount This Action $ $ 465,000 $ 485,000

EPA In-Kind Amount $ $ $ 0

Unexpended Prior Year BalanC;9 $ $ $0

Other Federal Funds $ $ $0

Recipient Contribution $ $1,215.000 $1,215,000

State Contrlbullon $ $ $0

Local Contribution $ $ $0

Other Contribution $ $ $0

Allowable Project Cost $0 $1,700,000 $1,700,000

Assistance Program (CfDA) ·Stalutory Authority Regulatory Authoritvi-66.202- Congressionally Mandaled Projects Publlo Law 111-88 40 CFR PART 31

Depariment of Intertor- Environment and Related Agencle. Approprtatlons- Act 2010

FiscalSite Name ReqNo I'y Approp. Budget PRC ObJeot Site/ProJect Cost Obligation I

Code Organization Clas5 Organization Deo.bllgatlon

- 11010CG023 11 E4C 01S0HOH 202B51E 419, 48S,00C

485,00C

EM-S6140301 -0 Page 3Budae Summarv Paae

Table A • Object Cia•• Category Total Approved Allowable(Non-oonstructlon) BUd"et Period Cost

1. Personnel $02. Fringe Benents $03. Travol $04. Equipment $06. Supplies $06. Contract.uol $1.700,0007. Construction $08. Other $09. Total Direct Charges $1,700,00010. Indirect Costs: % Base $011, Total (Share: Recipient 1.1AI % Foderal~%.) $1,700,00012. Total Approved Assistance Amount $485,00013. Program Income $0·.14. Total EPA Amount Awarded This Action $485,00016. Total EPA Amount Awarded To Date $485,000

EM· 96140301 • 0 Page 4

Administrative Conditions

1. PAYMENT TO CONSULTANTS

EPA participation in the salary rate (excluding overhead) paid to individual consultantsretained by recipients or by a recipient's contractors or subcontractors shall be limited tothe maximum daily rate for a LevellY of the Executive Schedule (formerly GS-18), to beadjusted annually. This limit applies to consultation services of designated individualswith specialized skills who are paid at a daily or hourly rate. As of January 1, 2011, thelimit is $596.00 per day and $74.50 per hour. This rate does not include transportationand subsistence costs for travel performed (the recipient will pay these in accordancewith their normal travel reimbursement practices).

Subagreements with firms for services which are awarded using the procurementrequirements in 40 CFR 30 or 31, as applicable, are not affected by this limitationunless the terms of the contract provide the recipient with responsibility for theselection, direction, and control of the individuals who will be providing services underthe contract at an hourly or daily rate of compensation. See 40 CFR 31.36(j) or30.27(b).

2. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES

GENERAL COMPLIANCE, 40 CFR, Part 33The recipient agrees to comply with the requirements of EPA's Program forUtilization of Small, Minority and Women's Business Enterprises in procurementunder assistance agreements, contained In 40 CFR, Part 33.

FAIR SHARE OBJECTIVES, 40 CFR, Part 33, SUbpart 0Pursuant to 40 CFR, Section 33.412, Tribal and Insular Area recipients are notrequired to negotiate a fair share goal until 3 years from the effective date of theDBE Rule. After that 3-year phase-in period has expired, Tribal and Insular Arearecipients are required to adhere to the full requirements of 40 CFR, Part 33,Subpart D, as applicable.

SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart CPursuant to 40 CFR, Section 33.301, the recipient agrees to make the followinggood faith efforts whenever procuring construction, equipment, services andsupplies under an EPA financial assistance agreement, and to require thatSUb-recipients, loan recipients, and prime contractors also comply. Recordsdocumenting compliance with the six good faith efforts shall be retained.

(a) Require DBEs are made aware of contracting opportunities to the fullestextent practicable through outreach and recruitment activities. For Indian Tribal,State and Local and Government recipients, this will include placing DBEs on

. solicitation lists and soliciting them whenever they are potential sources.

(b) Make information on forthcoming opportunities available to DBEs andarrange time frames for contracts and establish delivery schedules, where therequirements permit, in a way that encourages and facilitates participation byDBEs in the competitive process. This includes, whenever possible, postingsolicitations for bids or proposals for a minimum of 30 calendar days before thebid or proposal closing date.

(c) Consider in the contracting process whether firms competing for largecontracts could subcontract with DBEs. For Indian Tribal, State and localGovernment recipients, this will include dividing total requirements wheneconomically feasible into smaller tasks or quantities to permit maximumparticipation by DBEs in the competitive process.

(d) Encourage contracting with a consortium of DBEs when a contract is toolarge for one of these firms to handle individually.

(e) Use the services and assistance of the SBA and the Minority BusinessDevelopment Agency of the Department of Commerce.

(f) If the prime contractor awards SUbcontracts, require the prime contractor totake the steps in paragraphs (a) through (e) of this section.

MBEIWBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503The recipient agrees to complete and submit EPA Form 5700~52A, "MBEIWBEUtilization Under Federal Grants, Cooperative Agreements and InteragencyAgreements" beginning with the Federal fiscal year reporting period the recipientreceives the award, and continuing until the project Is completed. Onlyprocurements with certified MBEIWBEs are counted toward a recipient'sMBEIWBE accomplishments. 'The reports must be submitted annually for theperiod ending September 30

lhfor:

40 CFR Part 30 Recipients (Non-profits and Institutions of Higher Education);and

40 CFR Part 35 Subpart A and Subpart B Recipients,

The reports are due within 30 days of the end of the annual reportingIh

period (October 30 ). Reports should be sent to:

U.S Environmental Protection Agency, Region 1-New EnglandGrants Management Office - OARM16-25 Post Office Square, Suite 100Boston, MA 02109-3912Attn: Larry Wells, DBE Coordinator

Final MBEIWBE reports must be submitted within 90 days afterthe project

period of the grant ends. Your grant cannot be officially closed without allMBEIWBE reports.

EPA Form 5700-52A may be obtained from the EPA Office of Small BusinessProgram's Home Page on the Internet atwww.epa.gov/osbp .

CONTRACT ADMINISTRAnON PROVISiONS, 40 CFR, Section 33.302The recipient agrees to comply with the contract administration provisions of 40CFR, Section 33.302.

BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)Recipients of a Continuing Environmental Program Grant or other annualreporting grant, agree to create and maintain a bidders list. Recipients of anEPA financial assistance agreement to capitalize a revolving loan fund alsoagree to require entities receiving identified loans to create and maintain abidders list if the recipient of the loan is subject to, or chooses to follow,competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and(c) for specific requirements and exemptions.

3. Drug-Free Workplace Certification for all EPA recipients

The recipient organization of this EPA assistance agreement must make anongoing, good faith effort to maintain a drug-free workplace pursuant to thespecific requirements set forth in Title 40 CFR 36.200 - 36.230. Additionally, inaccordance with these regulations, the recipient organization must identify allknown workplaces under its federal awards, and keep this information on fileduring the performance of the award.

Those recipients who are individuals must comply with the drug-free provisionssel forth in Title 40 CFR 36.300.

The consequences for Violating this condition are detailed under Title 40 CFR36.510. Recipients can access the Code of Federal Regulations (CFR) Title 40Part 36 at hltp:/lwww.access.gpo.gov/nara/cfr/walsidx06/40cfr3606.htm!.

4. I. Central Contractor Registration and Universal IdentifierRequirements.

A. Requirement for Central Contractor Registration (CCR1. Unless you areexempled from this requirement under 2 CFR 25.110, you as the recipientmust maintain the currency of your information in the CCR until you submitthe final financial report required under this award or receive the finalpayment, Whichever is later. This requires that you review and update theInformation at least annually after the initial registration, and more frequentlyif required by changes in your information or another award term.

B. Requirement for Data Universal Numbering System (DUNS) numbers. Ifyou are authorized to make subawards under this award, you:

1. Must notify potential subrecipients that no entity (see definition inparagraph C of this award term) may receive a subaward from you unless theentity has provided its DUNS number to you. .

2. May not make a subaward to an entity unless the entity hasprovided its DUNS number to you.

C. Definitions. For purposes of this award term:

1. Central Contractor Registration (CCm means the Federalrepository Into which an entity must provide information required for theconduct of business as a recipient. Additional information about registrationprocedures may be found at the CCR Internet site (currently at.http://www.ccr.gov)..

2. Data Universal Numbering System (DUNS) number means thenine-digit number established and assigned by Dun and Bradstreet, Inc.(D&B) to uniquely identify business entities. A DUNS number may beobtained from D&B by telephone (currently 866-705-5711) or the Internet(currently at http://fedgov.dnb.com/webform).

3. Enti~, as it is used in this award term, means all of the folloWing,as defined at 2 CFR part 25, subpart C:

a. A Governmental organization, which is a State, localgovernment, or Indian tribe;

b, Aforelgn pUblic entity;c. A domestic or foreign nonprofit organization;d. A domestic or foreign for-profit organization; ande. A Federal agency. but only as a subrecipient under an award

or subaward to a non-Federal entity.

4. Subaward:a. This term rneans a legal instrument to provide support for the

performance of any portion of the substantive project or program for whichyou received this award and that you as the recipient award to an eligiblesubrecipient.

b. The term does not include your procurement of property andservices needed to carry out the project or program (for further explanation,see Sec. --.210 of the attachment to OMS Circular A-133, "Audits of States,Local Governments, and Non-Profit Organizations").

. c. A subaward may be provided through any legal agreement,including an agreement that you consider a contract.

6, Subreciplent means an entity that:a, Receives a subaward from you under this award; andb, Is accountable to you for the use of the Federal funds

provided by the subaward,

5. National Term & Condition for FULLY FUNDED EARMARKS

For fUlly funded agreements based on an earmark: EPA is fully funding this assistanceagreement based on the terms of a congressional earmark. If future earmarks are notprovided for th is project and recipient, supplemental fu nding for this project is notguaranteed.

6. PROHIBITED USE OF EPA FUNDS

Congress has prohibited EPA from using its FY 2011 appropriations to provide funds tothe Association of Community Organizations for Reform Now (ACORN) or any of itssubsidiaries. None of the funds provided under this agreement may be used forsubawards/subgrants or contracts to ACORN or its subsidiaries. Recipients shoulddirect any questions about thisprohibition to their EPA Grants Management Office.

7. LOBBYiNG AND LITIGATION· ALL RECIPIENTS· supplements the Lobbyingcondition.

The chief executive officer of this recipient agency shall ensure that no grant fundsawarded under this assistance agreement are used to engage in lobbying of theFederal Government or in litigation against the United States unless authorized underexisting law. The recipient shall abide by its respective OMB Circular (A-21 , A-8?, orA-122), which prohibits the use of federal grant funds for litigation against the UnitedStates or for lobbying or other political activities.

8. LOBBYING - ALL RECIPIENTS

The recipient agrees to comply with Title40 CFR Part 34, New Restrictions on Lobbying.The recipient shall include the language of this provision in award documents for allsubawards exceeding $100,000, and require that sUbrecipients submit certification anddisclosure forms accordingly.

In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes aprohibited expenditure under Title 40 CFR Part 34 or falls to file the required certification orlobbying forms shall be subject to a civil penal,ty of not less than $10,000 and not more than$100,000 for each such expenditure.

9. MANAGEMENT FEES

Management fees or similar charges in excess of the direct costs and approved indirectrates are not allowable. The term "management fees or similar charges" refers toexpenses added to the direct costs in order to accumulate and reserve funds forongoing business expenses, unforeseen liabilities, or for other similar costs which arenot allowable under this assistance agreement. Management fees or similar chargesmay not be used to improve or expand the project funded under this agreement, exceptto the extent authorized as a direct cost of carrying out the scope of work.

10. RECYCLED PRODUCTS

In accordance with Section 6002 of the Resource Conservation and Recovery Act(RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of aState which is using appropriated Federal funds shall comply with the requirements setforth. Regulations issued under RCRA Section 6002 apply to any acquisition of an itemwhere the purchase price exceeds $10,000 or where the quantity of such itemsacquired in the course of the preceding fiscal year was $10,000 or more. RCRASection 6002 requires that preference be given in procurement programs to thepurchase of specific products containing recycled materials Identified in guidelinesdeveloped by EPA. These guidelines are listed in 40 CFR 247.

11. RECYCLED PAPER

In accordance with the polices set forth in EPA Order 1000.25 and Executive Order13423, Strengthening Federal Environmental, Energy and Transportation Management(January 24, 2(07), the recipient agrees to use recycled paper and double sidedprinting for all reports which are prepared as a part of this agreement and delivered toEPA. This requirement does not apply to reports prepared on forms supplied by EPA,or to Standard Forms, which are printed on recycled paper and are available throughthe General Services Administration.

12. SINGLE AUDIT ACT

In accordance with OMS Circular A-133, which implements the Single Audit Act, therecipient hereby agrees to obtain a single audit from an independent auditor, if itexpends $500,000 or more in total Federal funds in any fjscal year. Within nine monthsafter the end of a recipient's fiscal year or 30 days after receiving the report from theauditor, the recipient shall submit the SF-SAC and a Single Audit Report Package.The recipient MUST submit the SF-SAC and a Single Audit Report Package, using theFederal Audit Clearinghouse's Internet Data Entry System. For complete informationon how to accomplish the single audit submissions, you will need to visit the FederalAudit Clearinghouse Web site: http://harvester.census.gov/fact

13. I. Reporting Subawards and Executive Compensation.a. Reporting of first-tier subawards. .

1. Applicability. Unless you are exempt as provided in paragraph d.

of this award term, you must report each action that obligates $25,000 ormore in Federal funds that does not include Recovery funds (as defined insection 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e ofthis award term).

2. Where and when to report.i. You must report each obligating action described in

paragraph a.1. of this award term to www.fsrs.gov.il.For subaward informE:\tion, report no later than the end

of the month following the month in which the obligation was made. (Forexample, If the obligation was made on November 7, 2010, the obligationmust be reported by no later than December 31, 20'10.)

3. What to report. You must report the information about eachobligating action that the submission instructions posted at www.fsrs.govspecify.

b. Reporting Total Compensation of Recipient Executives.1. Applicability and what to report. You must report total

compensation for each of your five most highly compensated executives forthe preceding completed fiscal year, if --

i.the total Federal funding authorized to date under this awardis $25,000 or more;

Ii. in the preceding fiscal year, you received-':"(A) 80 percent or more of your annual gross revenues

from Federal procurement contracts (and subcontracts) and Federal financialassistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards); and

(B) $25,000,000 or more in annual gross revenues fromFederal procurement contracts (and subcontracts) and Federal financialassistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards); and

iIi.The pUblic does not have access to information about thecompensation of the executives through periodic reports filed under section13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),780(d)) or section 6104 of the Internal Revenue Code of 1986. (Todetermine if the public has access to the compensation information, see theU.S. Security and Exchange Commission total compensation filings athttp://www.sec.gov/answers/execomp.htm.)

2, Where and when to report. You must reportexecutive total compensation described In paragraph b.1. of this award term:

I. As part of your registration profile at www.ccr.gov.ii. By the end of the month following the month in

which this award is made, and annually thereafter.

c. Reporting of Total Compensation of Subrecipient Executives.1. Applicability and what to report. Unless you are exempt as

provided In paragraph d. of this award term, for each first-tier subreclpientunder this award, you shall report the nameS and total compensation of eachof the subrecipient's five most highly compensated executives for thesubreciplent's preceding completed fiscal year, if .-

i. In the subrecipient's preceding fiscal year, the sUbrecipientreceived-

(A) 80 percent or more of its annual gross revenues fromFederal procurement contracts (and subcontracts) and Federal financialassistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards); and

(B) $25,000;000 or more in annual gross revenues fromFederal procurement contracts (and subcontracts), and Federal financialassistance subject to the Transparency Act (and subawards): and

Ii. The public does not have access to Information about thecompensation of the executives through periodic reports filed under section13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. 78m(a),780(d» or section 6104 of the Internal Revenue Code of 1986. (Todetermine if the public has access to the compensation information, see theU.S. Security and Exchange Commission total compensation filings athttp://www.sec.gov/answers/execomp.htm.) .

2. Where and when to report. You must reportsUbrecipient executive total compensation described in paragraph c.1. of thisaward term: .

i. To the recipient.ii. By the end of the month following the month

during which you make the subaward. For example, If a sUbaward Isobligated on any date during the month of October of a given year (I.e.,between October 1 and 31), you must report any required compensationinformation of the subrecipient by November 30 ofthat year.

d. ExemptionsIf, in the previous tax year, you had gross income, from all

sources, under $300,000, you are exempt from the requirements to report:i. subawards,

andIi. the total compensation of the five most highly compensated

executives of any subrecipient.e.Definitions. For purposes of this award term:

1. Entity means all of the following, as defined in 2 CFR part 25:i. A Governmental organization, which is a State, local

government, or Indian tribe;ii. A foreign public entity;

iii. A domestic or foreign nonprofit organization;iv. A domestic or foreign for-profit organization;v. A Federal agency, but only as a subrecipient under an

award or subaward to a non-Federal entity.

2. Executive means officers, managing partners, or any otheremployees in management positions.

3. Subaward:i. This term means a legal instrument to provide support for

the performance of any portion of the substantive project or program forwhich you received this award and that you as the recipient award to aneligible subrecipient.

ii. The term does not Include your procurement of propertyand services needed to carry ounhe project or program (for furtherexplanation, see Sec. --.210 of the attachment to OMB Circular A-133,"Audits of States, Local Governments, and Non-Profit Organizations").

iii. A subaward may be provided through any legalagreement, including an agreement that you or a sUbrecipient considers acontract.

4.Subrecipient means an entity that:I. Receives a subaward from you (the recipient) under this

award; andii. Is accountable to you for the use of the Federal funds

provided by the subaward.

5. Total compensation means the cash and noncash dollar valueearned by the executive during the recipient's or subr,ecipient's precedingfiscal year and includes the following (for more information see 17 CFR229.402(c)(2»:

i. Salary and bonus .ii. Awards ofstock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statementreporting purposes with respect to the fiscal year in accordancewith the Statement of Financial Accounting Standards No. 123(Revised 2004) (FAS 123R), Shared Based Payments.iii. Earnings for services under non-equity incentive plans. Thisdoes not include group life, health, hospitalization or medicalreimbursement plans that do not discriminate in favor ofexecutives, and are available generally to all salariedemployees.iv. Change in pension value. This is the change in presentvalue of defined benefit and actuarial pension plans.v. Above-market earnings on deferred compensation which isnot tax-qualified.

vi. Other compensation, jf the aggregate value of all such othercompensation (e.g. severance, termination payments, value oflife insurance paid on behalf of the employee, perquisites orproperty) for the executive exceeds $10,000.

14. National Term and Condition for Subawards

a. The recipient agrees to:(1) Establish all subaward agreements In writing;(2) Maintain primary responsibility for ensuring successful completion of the

EPA-approved project (this responsibility cannot be delegated or transferred toa sUbrecipient);

(3) Ensure that any subawards comply with the standards in Section 210(a)-(d) ofOMB Circular A-133 and are not used to acquire commercial goods or servicesfor the recipient;

(4) Ensure that any subawards are awarded to eligible sUbreciplents and thatproposed subaward costs are necessary, reasonable, and allocable;

(5) Ensure that any subawards to 501 (c)(4) organizations do not involve lobbyingactivities;

(6) Monitor the performance of their recipients and ensure that they comply withall applicable regulations, statutes, and terms and conditions which flow downin the subaward;

(7) Obtain EPA's consent before making a subaward to a foreign or internationalorganization, or a subaward to be performed in a foreign country; and

(8) Obtain approval from EPA for any new subaward work that is not outlined inthe approved work plan In accordance with 40 CFR Parts 30.25 and 31.30, asapplicable.

b. Any questions about subrecipient eligibility or other issues pertaining to subawardsshould be addressed to the recipient's EPA Project Officer. Additional informationregarding subawards may be found athltp://WWW.epa.govtogd/gulde/subaward-policy-part-2.pdf.Guidance fordistinguishing between vendor and subrecipient relationships and ensuringcompliance with Section 210{a)-(d) of OMB Circular A-133 can be found athltp:llwww.epa.gov/ogd/guide/subawards-appendix-b.pdf and

. hltp:/Iwww.whitehouse.gov/omb/circulars/a133/a133.html.c. The recipient is responsible for selecting its subrecipients and, If applicable, for

conducting subaward competitions.

15. ALL RECIPIENTS

ecipients shall fully comply with SUbpart C of 2 CFR Part 180 entitled, "Responsibilitiesof Participants Regarding Transactions Doing Business With Other Persons," asimplemented and supplemented by 2 CFR Part 1532. Recipient is responsible forensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR

•

Part 180, entitled "Covered Transactions," includes a term or condition requiringcompliance with SUbpart C. Recipient is responsible for further requiring the inclusionof a similar term or condition in any subsequent lower tier covered transactions.Recipient acknowledges that failing to disclose the information required under 2 CFR180.335 may result in the delay or negation of this assistance agreement, or pursuanceof legal remedies, including suspension and debarment.

Recipients may access the Excluded Parties List System at http://www.epls.gov.Thisterm and condition supersedes EPA Form 5700-49, "Certification RegardingDebarment, Suspension, and Other Responsibility Matters."

16. I. Trafficking in persons.

a. Provisions applicable to a recipient that is a private entity.1. You as the recipient, your employees, subrecipients under this award, andsubrecipients' employees may not-

i. Engage In severe forms of trafficking in persons during the period oftime that the award Is in effect;ii. Procure a commercial sex act during the period of time that the award isin effect; oriii. Use forced labor in the performance of the award or subawards underthe award.

2. We as the Federal awarding agency may unilaterally terminate this award,without penalty, if you or a subrecipient that is a private entity-

i. Is determined to have violated a prohibition in paragraph a.1 of thisaward term; orii. Has an employee who is determined by the agency official authorized to

.~ terminate the award to have violated a prohibition In paragraph a.1 of thisaward term through conduct that is either-

A. Associated with performance under this award; orB. Imputed to you or the subrecipient using the standards and dueprocess for imputing the conduct of an Individual to an organizationthat are provided in 2 CFR part 180, "OMB Guidelines to AgenciesonGovernmentwide Debarment and Suspension (Nonprocurement),"as implemented by our Agency at 2 CFR 1532.

b. Provision applicable to a recipient other than a private entity. We as the Federalawarding agency may unilaterally terminate this award, without penalty, if a subrecipientthat is a private entity-

1. Is determined to have violated an applicable prohibition in paragraph a.1 ofthis award term; or2. Has an employee who is determined by the agency official authorized toterminate the award to have violated an applicable prohibition in paragraph a.1 ofthis award term through conduct that is either-

i. Associated with performance under this award; orii. Imputed to the sUbrecipient using the standards and due process for

imputing the conduct of an individual to an organization that are providedin 2 CFR part 180, "OMS Guidelines to Agencies on GovemmentwideDebarment and Suspension (Nonprocurement)," as implemented by ouragency at 2 CFR 1532

c. Provisions applicable to any recipient .1. You must inform us immediately of any information you receive from anysource aileging a violation of a prohibition in paragraph a.1 of this award term.2. Our right to terminate unilateraily that is described in paragraph a.2 or b of this

section:I. Implements section 106(g) of the Trafficking Victims Protection Act of2000 (TVPA), as amended (22 U.S.C. 7104(g», andii. Is in addition to all other remedies for noncompliance that are availableto us under this award.

3. You must include the requirements of paragraph a.1 of this award term in anysubaward you make to a private entity.

d. Definitions. For purposes of this award term:1. "Employee" means either:

I. An individual employed by you or a subrecipient who is engaged in theperformance of the project or program underthis award; orii. Another person engaged in the performance of the project or programunder this award and not compensated by you including, but not limitedto, a volunteer or individual whose services are contributed by a third partyas an in-kind ,contribution toward cost sharing or matching requirements.

2. "Forced labor" means labor obtained by any of the foilowing methods: therecruitment, harboring, transportation, provision, or obtaining of a person forlabor or services, through the use of force, fraud, or coercion for the purpose ofsubjection to involuntary servitude, peonage, debt bondage, or slavery.3. "Private entity":

I. Means any entity other than a State, local government, Indian tribe, orforeign pUblic entity, as those terms are defined in 2 CFR 175.25.'il. Includes:

A. A nonprofit organization, including any nonprofit institution ofhigher education, hospital, or tribal organization other than oneincluded in the definition of Indian tribe at 2 CFR 175.25(b).8. A for-profit organization.

4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion"have the meanings given at section 103 of the TVPA, as amended (22 U.S.C.7102).

17. FINAL FEDERAL FINANCIAL REPORT (SF-4251

Pursuant to 40 CFR 31,41(b) and 31.50(b), EPA recipients shall submit a finalFederal Financial Report (SF-425) to EPA no later than 90 calendar days afterthe end of the project period, The form is available on the internet athttp://www.epa.gov/ocfo/finservices/forms.htm. All FFRs must be submitted to

the Las Vegas Finance Center: US EPA, LVFC, PO Box 98515, Las Vegas, NV89193, or by Fax to: 702-798-2423.

The LVFC will make adjustments, as necessary, to obligated funds after reviewing andaccepting a final Federal Financial Report. Recipients will be notified and instructed byEPA if they must complete any additional forms for the closeout of the assistanceagreement.

EPA may take enforcement actions in accordance with 40 CFR 31.43 if the recipientdoes not comply with this term and condition.

18. PREAWARD COSTS

This award includes the approval of preaward costs which were incurred prior to theaward date.

Programmatic Conditions

1. The Grantee is solely responsible for the administration and successful completionof the project for which EPA grant assistance has been awarded. The Grantee agreesto: comply with all the terms and conditions of the grant agreement; efficiently andeffectively manage grant funds within the approved budget; complete the project in adiligent and professional manner; and monitor and report on project performance.

2. The grantee agrees to manage the project consistent with the intent of the March 29,2010 U.S. EPA Headquarters memoranda concerning the award of grants andcooperative agreements for Special Projects and Programs Authorized by the Agency'sFY2010 Appropriation Act. The regulations at 40 CFR Part 31 apply to grants andcooperative agreements awarded to State and local governments. Furthermore, alisting of the Federal Laws and Executive Orders that apply to all EPA grants, includingthe projects authorized by the Agency's FY2010 Appropriation Act, is contained withinthe aforementioned memoranda.

3. This grant is subject to the National Environmental Policy Act (NEPA) of 1969, 42U.S.C. 4321 et seq and Final Regulations promulgated thereunder In 40 Code ofFederal Regulations, Part 6. The Grantee agrees to furnish information and otherwisecooperate with EPA and the Rhode Island Department of Environmental Managementin any evaluation pursuant to said Act or said Final Regulations.

The grantee agrees not to take any action on any project identified in the facilitiesplanning document beyond conceptual design, including but not limited to, beginningthe preparation of final plans and specifications, purchasing land, advertising orawarding design and/or construction contracts, Initiating construction or requestingreimbursement from EPA for coasts associated with such actions until such time asEPA has completed its environmental review in accordance with NEPA and 40 CFR

Parts 6 and 1500 et. seq. Completion of this review will be evidenced by the issuanceof a Categorical Exclusion (CE), the issuance of the Findings of No Significant Impact(FONSI), or the issuance of a Record of Decision (ROD).

The grantee agrees that, upon completion of the NEPA review, design and constructionshall be undertaken in accordance with the results of that review, including but notlimited to, the implementation of measures EPA identifies as reasonable to mitigate theenvironmental impacts of the project. EPA reserves the right to unilaterally terminatethis grant in the event the recipient fails to comply with this condition, in accordancewith 40 CFR Section 31.43.

4. The Grantee shall ensure that all permits required by Federal, State, or localstatutes are obtained prior to the initiation of construction. The Grantee further agreesto implement all of the requirements of the subject permits.

5. The Grantee agrees to submit plans and specifications to the Rhode IslandDepartment of Environmental Management for the purpose of conducting anynecessary or required State/Federal administrative or technical review.

6. The Grantee agrees to procure all services, equipment, supplies, and constructionawarded under this grant in accordance with 40 CFR Part 31, Uniform AdministrativeRequirements for Grants and Cooperative Agreements to State and LocalGovernments.

7. The Grantee shall comply with 49 CFR Part 24 which applies in the event therecipient procures land or if people are relocated. The Grantee shall obtain acceptablelegal opinion for sites, easements and/or rights·of·way to ensure that they are free ofany restrictions or encumbrances that might limit their use for the intended purpose, ifnecessary for project completion. This documentation must be kept on file and madeavailable to EPA and to the State.

8. The Grantee agrees that costs incurred for the local share are subject to finalEPA/State review. The Federal share of the grant will be limited to nO more than 29%of the final cost for completing the scope of work described, regardless of the amountappropriated for the project.

9. The Grantee agrees to provide access to the project site and all related constructionrecords to EPA, and/or its authorized representatives, for the purpose of monitoringprogress of the project.

10. The Grantee agrees to maintain all project records for three years after theissuance of EPAfls final payment or until any litigation, appeal, claim or Federal auditthat is begun before the end of the three·year period is completed and resolved,whichever is longer (40 CFR Part 31.42).

11. Approval of this project for Federal financial assistance does not imply a

• \' I

commitment of future Federal funds beyond current levels of Congressionalappropriations.

12. No Payment will be made to the recipient until the executed assistance agreementis returned to the .EPA Regional Grants Management Office.

13. The recipient agrees to submit a Request for Advance or Reimbursement (SF-270)for review and approval, as costs are incurred on the assistance agreement. TheSF-270 should be submitted quarterly but no more than monthly. The EPA ProjectOfficer will revi,ew and approve the payment request prior to submittal to the EPA LasVegas Office for payment processing.

14. The Grantee agrees to submit a Final Payment request and a final Financial StatusReport for this project within 6 months of the final project inspection.

15. In accordance with 40 CFR 31.40 related to post award monitoring, the Granteeagrees to provide to the EPA Project Officer an annual progress report which mayinclude information on each of the follOWing areas: 1) a comparison of actualaccomplishments to the outputs / outcomes established in the assistance agreementwork plan for the period; 2) the reasons for slippage if established outputs / outcomeswere not met; and 3) additional pertinent information, including, when appropriate,analysis and information of cost overruns or high unit costs.

16, In accordance with 40 CFR 31.40 (d), the Grantee agrees to inform EPA promptlyin writing of any substantial project changes that may affect the grant amount, delay oraccelerate the project schedUle, or alter the project significantly, which may result in agrant amendment or wlll impair the ability of the Grantee to meet the outputs/outcomesspecified in the assistance agreement work plan.

, 17.. If applicable (e.g. if federal financial assistance expenditures exceed $500,000annually), the Grantee shall comply with the Single Audit Act and the reportingrequirements set forth in OMS Circular A-133,

18. EPA expects the recipient to make sufficient progress so as to reasonably ensurecompletion of the project within the project period, Including any extensions. EPA willmeasure sufficient progress by examining the performance required under the workplanin conjunction with the milestone schedule, the time remaining for performance withinthe project period, and/or the availability of funds necessary to complete the project. Ifthe recipient fails to make sufficient progress, EPA will take appropriate action.

Communication # 4887/11Docket Date: August 10,2011

City of Newport


To:From:Date:Subject:Staff Preseutatiou:

RECOMMENDAnON:

Mayor Stephen C. Waluk & Mem~.".Jr tljeCity CouncilEdward F. Lavallee, City Manag/1ft/?,/July 28, 2011Award of Bid # 12-003 - Water Division Meter Read Laptop ComputerKenneth R. Mason Deputy Utilities Director - Engineering

The Department of Utilities Water Division recommends the award to Stiles Company Inc., Norwood MA, for thepurchase of one (I) mobile meter reading system laptop computer for a total of $13,650.00. Funding for this computer isfrom the Water Division FY 2012 Capital Improvement Plan.


The Newport Water Division has converted its billing system in which all quarterly customers receive their bills in July,October, January, and April. This conversion requires all accounts to be read in a short window of time in order to makesure water bills are processed and delivered in a timely fashion. Based on this workload, a more powerful laptopcomputer is required, in lieu of the equipment the Water Division currently utilizes. The current handheld computers areused on a daily basis by the meter department for the installation and maintenance of the meters in the system howeverthey cannot efficiently handle the amount of data required to be collected for the quarterly billings. The handheldcomputers will only hold enough data for approximately 650 accounts. This laptop computer will enhance the ability ofWater Division meter personnel to read all 14,500 accounts within the prescribed timeframe and will also be neededwhen the Water Division converts to a monthly billing system at some point in the future. The laptop is a "toughbook"computer which also includes the Badger ORION Reading system software, which is proprietary software required forthe radio read system.

The City solicited sealed bids for the purchase of the mobile readiug system laptop computer for the Water DivisionCustomer Service department. Only one (I) bid was received on July 15, 20 II and was initially quoted at $21,000.00.This quote was recognized as over the amount budgeted for the equipment and as allowed under State Law Chapter 4555, Award of Municipal Contracts, City staff negotiated a lower price for the unit at $13,650.00.

PREVIOUS LEGISLATIVE ACTIONn/a

FISCAL IMPACT

..1l. Currently Budgeted (Acct 015-500-2209-50424-152213) _ Requires additional appropriation _ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionRevised vendor quoteCorporate InformationState Law Chapter 45-55

Finance Dept Review: Date By: JL-'=-__ (if applicable)

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No ..

WHEREAS: The City of Newport requested Sealed Bids forthe purchase of one (1) Mobile Meter Reading SystemLaptop Computer, Bid # 12-003. Bids were received on15 July 2011.

WHEREAS: Award has been recommended to the sole,qualified bidder being Stiles Company Inc., of Norwood MAat their bid price of $13,650.00.

NOW THEREFORE, BE IT RESOLVED: That the bid ofStiles Company Inc., of Norwood MA is hereby accepted ata total NTE cost of 13,650.00 and the Mayor is authorizedto sign said contract on behalf of the City, subject tofavorable review by the City Solicitor is hereby approved..



City ofNewpOltDepartment of Utilities

Bid/Proposal SheetMeter Reading System Computer # 12-003

...---, . Date:pA-!:J 1.,2,2-0 L(

I/We 9?'ks C.o~( <' the undersigned do hereby propose tofurnish the City of Newport, Rhode Island, One (1) Badger Orion RTR Meter ReadingSystem computer, in accordance with all terms and specifications contained herein:

1. Badger Orion RTR Meter Reading System compnter

$ t:j. laS" 0 I 0 aI

7fF 709 -S-~<.FAX NUMBER

Total bid $ /3 foSo, 00

SrhLJ (lo ~G ~<~rlP~dJ .NAME OF FIRM SIGNAT&TlTLE

9l- L P~a~._<Jt:._l-.!..lfY~Lo..Qd M If (j 2-0 (0 2ADDRESS, CITY, ZIP CODE

I ~ j"O() -L{2-6 k 2-V1:;TELEPHONE NUMBER

6'ar,c-Ly(J J?A I.uc.-c, C 0~E-MAIL ADDRESS

NOTE:

On a separate attachment, or use the one provided, list the Officers ofyour Corporation orPrincipals of your LLC. Award cannot be done without the attachment.

Also, Please provide any literature you feel may be necessary.

All bidders are responsible for insuring that no addendums have been made to the original bid package.

All bid packages and addendumes are located at www.cityofnewport.com or you can contact the PurchasingDepallment.

Stiles Company

Water works Products922 Pleasant Street

Norwood,MA 02062800-426"6246Federal ID: 04-2779533

SOLD TO:Newport Water Division Meter ContractRadio Read Meter Reading System Contract70 Halsey StreetNewport, RI

Quotation #: 007950Page 101 1

SHIPPED TO:Newport Water Division Meier ConlraclRadio Read Meter Reading System Contract70 Halsey StreetNewport, RI

QUOTE DATE

7/21/2011

EXPIRATION DATE

8/24/2011

YOUR ORDER # PAYMENT TERMS SHIPPED VIA

1 B 1 Orion laptop $13,650.00

SUBTOTAL:FREIGHT:

OTHER:

TOTAL:

$13,650.00

$13,650.00$0.00$0.00$0.00$0.00

$13,650.00

Bid # 12-003

List the Officers of your Corporation or Principals of your LLC. Awardcannot be done without the attachment.

Complete Company Name

'"

~H·7:.tv~Name

So ft h'k~d.Name

Lkoi.- C. SCnLrtsName

Name

Name

Title/OfficerlPositfon

(/r-eL ;1Vl,t.-fi,>:MJ-Title/Orocer/Posltlon

{jV-CLI~Title/OffictwlPosition




Name"

Name

Name

j

""


Tille/Officer/Posltlon

Tille/Officer/Position

10

45-55-7

TITLE 45Towns and cities

CHAPTE:R 45-55Award of Municipal Contracts

SECTION 45-55::.7

Pag\) I of 1

§ 45-5;;-7 Negotiations after unsuccessful competitive sealed bidding. - (a) in the \)Yent that allbias subn\iite(j pursWltlt to competitive sel:lltld bl(jding ~n4~r §45-55-5 res\l!t in ilid prices in excess ofthe funds available fot the<purchase. and the purchasing<officer dete~ines in wt'itingi

(1) That there are no ad4J:tlo1lal flln<\S l\vllilable fi'<1m ony sOUrce to permit I:ll\ I:lWl\rd to the lo\Vtlstresponsive and responsible bidder; and <

(2) The be'St interest bfthemulilcifllillty will Mt petl111tthe delay littendalit to I:l tesolicitatlon Mdei'revised speoifioations. or forre:vised quantities, undel' compelitivesealed bjddingl:ls<!'rovjded.in §4555-5, theli a negotiated award ml:lY be made as stated in subse¢tiollS (b) or (0) ofthis s<ectlon.

(b) Where thereis luoi'e than one bidiler. comPetitive nllgotiatlons pul'S\lal1t tQ§ 45-S5-6. shall beconducted with thethree(;3) (two (2) ifthere are only two (2» bidders determined, in writing. to be theloWest resp1msi:qc lind responsible bidMt's<lo the compotltlve sealed bid .ii1vitation, COlllpetitiYenegotiations shallbe'condu()t~<I unlilel' the'follQwingrestrictions:

(1) Ifdiscussionspertainhi:g to the I'evisien ofthe,specifications 01' quantities are held with anypotelltilllofferot, all other pote)}tlal offetors shall be afforded an 0Pl'0l't\lfilty to lake pa!'t In thediscussions; or '

(2,) A request for Pl'oposalsl based upon revisedsp:ecH'icat1ons 01' quantities, shall he issued aspromptly as possible. shall pi'ovh;\e,for all expeditious ,l'esp6l1se to thel'evised<requirel):u;mts. lind shall beawarded upon the basis ofthe lowest bid price, or lowest evaluated bid price submitted by anyrespollSiv\l and resp!>nslble offeror.

(cy~W1ti;ri';it'ffer;C()i1ipl!titive sealed blddihg.4tlsAeter!rt,i~~d.~dit'~rl!In:~i' l!iat'F/ibfe'ls?onW'onc<);; ,'rllllP!>j;j$iv~ aM:,l,'§spolisible;bidder;,attoucUmpefitive('h:@gotillteaaW&'fWmIiY'be:maileWith'iliat:bidder'in'I\ccOl'llal\Ce·wilh,§"46J'55.S;' ,'<"History of Section.(P.L. 1992.ch. 394, § 1.)

http://www.rilin.statc.ri.us/Statutcs/TlTLE45/45-55/45-55-7.HTM 7/20/2011


City of Newport


To:From:Date:Subject:Staff Presentation:

RECOMMENDATION:

Mayor Stephen C. Waluk & Mem~~of the City CouncilEdward F. Lavallee, City Manag ~~..,-'July 26, 2011Award of Bid Nnmber 12-004 - Road MaterialsWilliam R. Riccio, Jr,. PE, Director of Public Services

Approve the award of bid number 12-004 Road Materials for each of the supplied materials, as bid, to the following sixlow bidders: Richmond Sand, Material Sand & Stone, JH Lynch & Sons, Inc, RI Ready Mix, Jolmston Asphalt, and PJKeating each of whom bid materials for which they are an industry supplier. The materials bid on a per tonnage basisinclude sand, I Y, inch stone, J4 inch stone, 3/8 inch stone, processed gravel, bituminous concrete (asphalt,) cold patch,high performance cold patch, loam, screened loam and ripap (a form of bedding material,) and playgronnd sand. Thematerials bid on a per cubic yard basis include ready mix concrete with J4 inch stone and ready mix concrete with heat.There were a total of 13 different suppliers that bid on one or more of these items which resulted in very competitivepricing.


These materials are necessary in order to provide Department of Public Services/Streets and Sidewalks & Parks andGrounds Divisions as well as the Department of Utilities/Water Division with necessary construction materials which areneeded intermittently throughout the calendar year in order to maintain and upgrade the streets, sidewalks, grounds,parks, playgrounds, water lines etc. throughout the City of Newport. These bids are for delivery or pick-up of materialsonly on an as-needed basis throughout the course of the year. The bids come from various suppliers throughout thestate rather than one source in order to provide for better pricing for the City as they come from individual directsources.

Funds to purchase the material are available in the following accounts: 11-400-1470-50340 (Road Supplies); 11-400-1470·50341(Sidewalk Supplies); 15-500-2241-50276 (Water Division); 11-400-1510-50330 (Landscaping Supplies) for amaximum total expeuditure of $117,400.00 (Newport Utility Dept $50,000 and Public Services $67,400.00.)

PREVIOUS LEGISLATIVE ACTION none

FISCAL IMPACT

.1L Currently Budgeted (see Accounts listed abovel

SUPPORTING DOCUMENTSResolutionBid TabulationRecommendation MemoCorporate Information

Requires additional appropriation _ No Fiscal Impact

Finance Dept Review: /}-/>iW- Date By: --I=''-L__ (if applicable)

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No .

WHEREAS: The City of Newport requested Sealed Bids for VariousRoad Materials, Bid # 12-004 which were received on July 15, 2011for use by the Departments of Public Services and Utilities.

WHEREAS: Award has been recommended to the lowest, mostresponsive bidder(s) listed below at their Unit Bid Prices of:

Sand (Richmond Sand)1.5" Stone (Material Stone and Sand (MSS))3/8" Stone (MSS)%" Stone (MSS)Processed Gravel (MSS)Bituminous Concrete (JH Lynch)Ready Mix - 3/4 Stone (RI Ready Mix)Ready Mix with Heat (RI Ready Mix)Cold Patch (Johnston Asphalt)HI-Perf Cold Patch (PJ Keating)Loam (MSS)Screened Loam (MSS)RIPRAP (PJ Keating)Playground Sand (MSS)

18.45 (0) - 11.95 (P)15.73 (0) - 12.00 (P)16.72 (0) - 12.00 (P)15.72 (0) - 12.00 (P)13.25 (0) - 10.00 (P)84.00 (0) - 72.00 (P)96.00 (0)99.00 (0)96.00 (0) - 87.00 (P)106.75 (0) - 100.00 (P)14.70 (0) - 11.00 (P)14.70 (0) - 11.00 (P)20.00 (0) - 12.75 (P)18.75 (0) - 11.70 (P)

NOW THEREFORE, BE IT RESOLVED: That the Unit Bid Prices ofRichmond Sand, Material Stone and Sand, JH Lynch, RI Ready Mix,Johnston Asphalt, and P J Keating are hereby accepted and UnitPrice Purchase Orders are hereby authorized for City Use withmaximum expenditure capped at one hundred seventeen thousandfour hundred dollars ($117,400.00.)



I I12-004 Road Materials (Pubtic Services)

.Number Item P.J. Keating Quality Cons!. Mat Johnson Asphalt Mat Sand & Stone D'Ambra Cons!.

1 Sand NlA NlA NlA 21.75 (D) - 17.00 (P) N/A2a 11/2 Stone 18.25 (D) - 11.00 (P) 22.00 (D) -12.00 (P) NlA 15.73 (D) - 12.00 (P) N/A2b 318" Slone 21.05 (D) - 13.80 (P) 24.00 (D) - 14.00 (P) NlA ·16.72 (D) - 12.00 (P) NlA2c 314" Stone 20.30 (D) - 13.05 (P) 23.00 (D) - 13.00 (P) NlA 15.72 (D) - 12.00 (P) NlA3 Processed Gravel 16.55 (D) • 9.30 (P) 18.00 (D) - 8.00 (P) NlA 1325 (D) - 10.00 (P) NlA4 Bituminous Concrete NlA (D) - 71.00 (P) NlA NlA NlA 125.00 (D) - 75.00 (P)

Sa Ready Mix wi 3/4" Stone NlA NlA NlA 103.00 (D) N/A5b Ready Mix wi Heat NlA NlA NlA 109.00 (D) N/A6a Cold Patch 97.25 (D) - 90.00 (P) NlA 96.00 (D) - 87.00 (P) NlA N/A6b HIPerf Cold Patch 106.75 (D) -100.00 (P) NlA 108.00 (0) ~ 102.00 (P) NlA N/A

7 Loam NlA NlA NlA 14.70 (D) -11.00 (P) NlA8 Screened Loam NlA 20.00 (D) -10.00 (P) NlA 14.70 (D) -11.00 (P) N/A9 RIPRAP 20.00 (D) - 12.75 (P) 22.00 (D) -12.00 (P) NlA NlA NlA

10 Playground Sand NlA NlA NlA 1S.75 (D) -11.70 (P) NlA

Number Item Richmond sand RIReadyMix Cardi Corp J. R. Vinagro Narragansett IMP1 Sand 18.45 (D) - 11.95 (P) NlA 23.00 (D) - 13.50 (P) 25.00 (D) - 15.00 (P) 24.00 (D) - 1S.900 (P)

2a 11/2 Stone 19.95 (D) - 13.95 (P) NlA 25.00 (D)- 15.00 (P) 1S.S0 (D) -12.S0 (P) NlA2b 31S" Stone 19.95 (D) - 13.95 (P) N/A 26.00 (D) -16.00 (P) 20.80 (P) - 14.80 (P) NlA2c 3/4" Stone 19.95 (0) - 13.95 (P) NlA 26.00 (D) - 16.00 (P) 19.50 (D) -13.S0 (P) NlA3 Processed Gravel 18.95 (D) - 11.95 (P) NlA 23.25 (D) - 12.25 (P) 17.SO (D) • 11.80 (P) 24.00 (D) -16.00 (P)4 Bituminous Concrete NlA NlA 82.00 (D) - 72.00 (P) N/A 150.00 (D) - 76.00 (P)

Sa Ready Mix wi 314" Stone NlA 96.00 (D) 98.00 (D) NlA NlA5b Ready Mix wi Heat N/A 99.00 (0) 102.50 (0) NlA NlA6a Cold Patch N/A NlA NlA NlA NlA6b HIPerf Cold Patch N/A NlA NlA NlA N/A

7 Loam 21.95 (0) -16.95 (P) NlA 29.00 (D) -19.00 (P) 20.00 (D) -13.00 (P) NlA8 Screened Loam 21.95 (D) -16.95 (P) NlA 35.00 (D) - 25.00 (P) 20.00 (D) - 13.00 (P) N/A9 RJPRAP 24.95 )D) -17.95 )P) NlA 48.00 (D) -38.00 (P) 20.80 (D) - 14.80 (P) N/A

10 Playground sand NlA NlA 23.50 (0) - 13.50 (P) 21.S0 (0) - N/A (P) NlA

Note: Delivery Qty limitations and Locations denoted on Bids Bid Closed: 15 July 2011

PAGE # 01 of 02

I II I

12-004 Road Materials (Public Servicesi

Number Item G. Lopes Const. J H Lynch & Sons Sount County Sand1 Sand 19.95 (D) - 11.00 (P) NfA 20.00 (D) - 20.00 (P)

2a 11/2 Stone 23.95 (D) -11.50 (P) NfA 20.00 (D) - 20.00 (P)2b 3/8" stone 23.95 (D) - 11.50 (P) NfA 20.00 (D) - 20.00 (P)2c 314" Stone 23.95 (D) - 11.50 (P) N/A 20.00 (D) - 20.00 (P)

3 Processed Gravel 19.95 (D) -10.50 (P) NfA 16.00 (D) - 16.00 (P)4 Bituminous Concrete NfA 84.00 (D) - 72.00 (P) NfA

Sa Ready MiX wi 3/4" Stone N/A NfA NfA5b Ready MiX wi Heat N/A NfA NfASa Cold Patch N/A 115.00 (D) NfA6b HIPerf Cold Patch N/A 122.00 (D) NfA7 Loam 14.95 (D) -11.95 (P) NfA 20.00 (D) - 20.00 (P)8 Screened Loam 15.95 (0) -12.95 (P) 'NfA 20.00 (0) - 20.00 (P)9 RIPRAP 21.95 (0) -11.95 (P) NfA N/A

10 Playground Sand 22.00 (D) - 15.95 (P) NfA NfA

Nole: Delivery Qty limitations and Locations denoted on Bids Bid Closed: 15 July 2011

PAGE # 02 of 02

"

Offi~eofthe Public Services DepartmentMemorandum

To: William Riccio

From: Lee Rice

Date: 7/20/11

Re: Various Road Materials Bid # 12·004

I recommend that bid # 12-004 be awarded to the following vendors:

Richmond Sand Low Bidder $18.45(0) $11.95 (P)

Stone-l }$

Stone-3/4

Material Sand & Stone Low Bidder $15.73 (D) $12.00 (P)


Stone-3/8 Material Sand & Stone Lllw Bidder $16.72 (D) $12.00 (P)

Processed Gravel Material Sand & Stone Low Bidder $13.~5(D) $10~00(P)

Bituminpus Concrete JH Lynch * Low Bidder $84.00 (D) $72.00(p)(Meets QuaJificatiolls)

{tead! Mif% Stolle

Ready Mix wlheat

R.I. Ready Mix

R.I Ready Mix

Low Bidder $96.00 per yard (D)

Low Uldder $99.00 per yard (D)

Cold Patch-

High Perform CP

Johnston Asphalt

P.J. Keating

Low Bidder $96;60 (D) $87.00 (P)

Low Bidder $106.75 (D) $100.00(P)

Loam-

Screened Loam


Material Sand & Stone Low Bidder $14.70 (D) . $11.00 (P)

RIPRAP P.J. Keating Low Bidder $20.00 (D) $12.75 (P)

Playground Sand Material Sand & Stone Low Bidder $1~,75(D) $11.70 (P)

(D) Denotes Delivered

.,(p) Denotes Pick -up

" Plant Is within the specified 20 Mile radius of City Yard

All material quantities are priced per ton with the exception of Ready Mix Concretewhich is priced per cubic yard.

Lee RiceSupervisorPublic ServicesStreet & Sidewalk Division

!III

!

Bid # 12-004

List the Officers of your Corporation or Principals of your LLC. Award can notbe done without the attachment.

'12t0k,~ S~ tt St-.e LLC


VVl, t.L 'l.e ( QI A-,..... ~ rA.

Name

~hut 'I) ( fb, L ,-e,Name

Name

Name

Name

Name

Name

Name

14








Bid # 12-004

List the Officers of your Corporation or Principals of your LLC. Award can notbe done without the attachment..

72 \IKEIlrI/LGrJlJIPI'~Complete Company Name

Name

Name

Name

(!/f!:JJzLES BgcuwName

Name

/b,riIlI( &U93l!~Name

bU~ .z;,,&;~~l:!'Name

Name



wc~ P~t!S/D~'T/

A$~/577I1VT 5cQI!£7?!-tZY'Title/Officer/Position

7lZiJJ;//I?Ete1/l<;5IS7HNT~IZ~Titll/officer/Position

AS5IS71J7VTS~Title/Officer/Position

£997/tVT ~ae;~, Title/Officer/Position

~7~Title/Officer/Position


14

Bid # 12-004

list the Officers of your Corporation or Principals of your LLC. Award can notbe done without the attachment.

Material Sand &Stone Corp.Complete Company Name

Robert A. Pezza

Name

Michael Pezza

Constance Pezza

!IIame

Name

Name

Narne

~:.:; -,'

Name

Name

Name

PresidentTitle/Officer/Position

V. President

Secretary/TreasurerTitle/Officer/Position







14

Bid # 12-004


rvt, iL .) e I vA WI \" N,Name

Name

Name

Name

Name

Name

Name

Name

__~p-,I'--"e""j-,-,\4.=.:>_"":f'-'----__Title/Officer/Position








14

Bid # 12-004


Johnston Asphalt, LLC


Richard J. Miller

Name

Rebecca A. Bland

Name

Name

Name

Name

Name

Name

Name

Managing Director

Tltle/OHlcer/Posltlon

Assistant Manager






Title/OHlcer/Positlon

Tltle/OHlcer/Positlon

14

J. H. Lynch & Sons, Inc.

Officers & Directors

Title Name Home Address Business Address

President Stephen P. Lynch Jr. II Frederick Lane 50 Lynch PlaceCumberland, RI 02864 Cumberland, RI 02864

Sr. Vice President Da,lid C. Lynch Sr. 66 D'Agnillo Drive 50 Lynch PlaceWarwick, RI 02818 Cumberland, RI 02864

Sr. Vice President Gregory P. Lynch Sr. 6 Cobblestone Road 18 McCracken RoadCumberland, RI 02864 Millbury, MA 01528

Vice President Harry E. Myers III 3 Myers Drive 50 Lynch PlaceLincoln, RI 02865 Cumberland, RI 02864

Vice President Francis Foley, Jr. 26 Fox Road 270 North Road.

Narragansett, RI 02882 Peace Dale, RI 02864

Vice President Frank Aceto 20 Alpine Ridge 18 McCracken RoadSmithfield, RI 02917 Millbury, MA 01528

Treasurer William Cabral 23 Poppasquash Road 50 Lynch PlaceBristol, RI 02809 Cumberland, RI 02864

Secretary Ellen Kitchell II Hunters Run 50 Lynch PlaceN Providence, RI 02904 Cumberland, RI 02864

Assistant Secretary Martha Lynch Landry 19 Lees Farm Commons 18 McCracken RoadN Providence, RI 02904 Millbury, MA 01528

Director John T. Walsh, Jr. 139 Smoke Ridge Drive 123 Dyer StreetSouth Kingstown, RI Providence, RI 02903

Director Stephen P. Lynch Jr. II Frederick Lane 50 Lynch PlaceCumberland, RI 02864 Cumberland, RI 02864

Director Gregory P. Lynch Sr. 6 Cobblestone Road 50 Lynch PlaceCumberland, RI 02864 Cumberland, RI 02864

Director David C. Lynch Sr. 66 D'Agnillo Drive 50 Lynch PlaceWarwick, RI 02818 Cumberland, RI 02864

Communication # 4889/11Docket Date: AUgUst 10, 2011

City of Newport




RECOMMENDATION:

Mayor Stephen C. Waluk & Memt;yj/t;).I!e__City CouncilEdward F. Lavallee, City Manage v'/14 July 2011Agreemeut for Use of Easton's Beach Parking LotlNewport Yachting CenterInternational Boat ShowErik Reis, Easton's Beach Manager

Approve a lease agreement with Newport Yachting Center in the amount of$7,000 for temporary use of parking spacesat Easton's Beach for patrons of the Newport International Boat Show, September 15-18, 20 II.


The Newport Yachting Center wishes to enter into an agreement with the City for the temporary use of the Easton'sBeach parking lot to accommodate its daytime patrons of the Newport International Boat Show during the daytime hoursof 8am-8:15pm the period September 15-18, 2011.

On September IS'" 16'" 17'h and 18'h the Yachting Center desires to lease Lots number 2 & 3 (Center and East Lots).Lot I (West Lot) will be utilized for daily beach and Cliff Walk parking.

The City will retain use of spaces critical for the operation of Easton's Beach, including wedding and daytime Beachpatrons (Lot I and a portion of Lot 2, which includes Reserved Parking Spaces). This time of year there is adequatecapacity to accommodate this additional parking demand.

Newport Yachting Center will provide its own staff to oversee all aspects of the Newport International Boat ShowParking Program at Easton's Beach from start to finish, 8 AM to 8:15 PM, Thursday tbm Sunday, September 15-18,2011.

The Newport Yachting Center will provide $IM in liability insurance and agrees to hold the City harmless for anypersonal injuries or property damage


FISCAL IMPACT

_ Currently Budgeted (Account ~~) _ Requires additional appropriation _ No Fiscal Impact

This agreement will add $7,000 in revenue to the Easton's Beach Enterprise Fund.

SUPPORTING DOCUMENTSResolutionAgreement


THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

WHEREAS: the Newport Yachting Center wishes to enterinto an agreement with the City for thetemporary use of Easton's Beach parking lotto accommodate its daytime patrons of theNewport International Boat Show during thedaytime hours of 8am-8: 15pm the periodSeptember 15-18, 2011; and,

WHEREAS: the Newport Yachting Center will provide itsown staff to oversee all aspects of theNewport International Boat Show ParkingProgram at Easton's Beach, indemnify the Cityfor any personal injuries or property damage,and carry liability insurance in the amountof $1 million; and,

WHEREAS: the agreement specifies thatYachting Center's payment beTHEREFORE BE IT

the Newport$7,000. NOW

RESOLVED: the agreement with the Newport YachtingCenter for lease of space at the Easton'sBeach parking lot for parking during theNewport International Boat Show for theperiod of September 15-18, 2011 is approvedand the Mayor is authorized to sign saidagreement, upon review of the Ci tySolicitor's office, on behalf of the City.

IN COUNCIL

READ AND PASSED


July 12,2011

From: Erik ReisBeach Manager/Recreation SupervisorCity ofNewport

To: Nancy PiffardNewport Yachting CenterNewport, Rl 02840

Re: Letter of Agreement -Use of Easton's Beach Parking Lot during NewportInternational Boat Show, September 15 -18, 2011.

Dear Ms. Piffard:

It is the City's understanding that The Newport Yachting Center (theYachting Center)would like to enter into an agreement with the City of Newport (the City) for thetemporary use of the Easton's Beach parking lot to accommodate its daytime patrons ofthe Newport International Boat Show for the period Thursday - Sunday, September 1518,2011.

While the City of Newport may accommodate your request, it is our mutual best interestto have an agreement in writing by way of this letter of understanding, the provisions ofwhich are as follows:

The CITY is the owner of certain parking facilities located at Easton's Beach for whichparking spaces are available for use by beach patrons during the summer season.

The YACHTING CENTER desires to lease parking spaces for use of its NewportInternational Boat Show patrons during the daytime hours of 8AM - 8: 15 PM,September 15-18, 2011.

On September 15th, 16th, 17th and 18th the Yachting Center desires to lease Lots number2 & 3 (Center and East Lots). Lot I, West lot - will be utilized for daily beach and CliffWalk Parking.

As in the past years, the CITY will be allowed to park bathhouse patrons under theparking garage on the 15th, 16th, 17th and 18th. In addition, the City will rope off asmall area in center Lot 2 on Saturday, September 17 and Sunday, September 18 to allowfor Rotunda Ballroom wedding event parking.

Newport Yachting Center will provide its own staff to oversee all aspects of the NewportInternational Boat Show Parking Program at Easton's Beach from startto finish, 8 AM to8:15 PM, Thursday thru Sunday, September 15-18,2011.

-1-

In consideration of the mutual promises contained herein, the parties do hereby agree asfollows:

Prior to signing of this letter agreement, the Newport Yachting Center shall provide theCITY a copy of binder for liability insurance in the amount of One. Million Dollars($1,000,000.00) for the period from September 15 through September 18,201 I with theCity ofNewport named as Additional Insured.

The YACHTING CENTER does hereby agree to save the CITY harmless from any andall claims for personal injuries and/or property damage suffered by any person orproperty arising from any cause as a result of the YACHTING CENTER'S use of theEast Lot at Easton's Beach, and shall also save and keep the CITY harmless from alldamages of any kind, nature and description which may arise to real and personalproperty occasioned or caused by the use of said parking lot as a result of the making ofthis letter agreement.

Any problems arising from the use of these parking privileges shall be brought to theattention of Erik Reis - On Site Beach Manager at (401) 845-5810.

Any misuse of these parking privileges, including, but not limited, to use of spaces notsubject to this agreement, shall be subject to the towing policy ofthe CITY;

The term of this agreement shall commence upon payment in advance, payable to theCity of Newport, of $7,000.00 (seven thousand dollars), payable to the City no later thanSeptember 1, 2011.

This agreement may be terminated by either party by giving the other a written notice. Ifyou are in agreement with the forgoing provisions, please indicate your acceptance of thisletter of agreement by signing below and forwarding the same to me for furtherexecution. A fully-executed copy will be furnished to you upon completion.

CITY OF NEWPORT

Stephen C. Waluk, Mayor

APPROVED AS TO FORM:

Joseph J. Nicholson, Jr.City Solicitor

NEWPORT YACHTING CENTER

Nancy Piffard, Show Director

-2-


City of Newport




RECOMMENDATION:

Mayor Stephen C. Waluk & Memr;;'f tl!jl·City CouncilEdward F. Lavallee, City Mauag .14 July 2011 .Agreement for Use of Eastou's Beach Parking Loti Preservatlou SocietyAnuual Food & Wiue Festival ParkingErik Reis, Easton's Beach ManagerPhilip Pelletier, Director of Special Events

Approve a lease agreement with Preservation Society in the amount of $2,000 for temporary use of parking spaces atEaston's Beach for patrons ofthe Annual Food & Wine Festival, September 24 & 25, 2011.


The Preservation Society wishes to enter into an agreement with the City for the temporary use of the Easton's Beachparking lot to accommodate its daytime patrons of the Annual Food & Wine Festival during the daytime hours of I lam5pm the period September 24 & 25, 2011.

On September 24'h and 25'", the Preservation Society desires to lease Lot 3 (East Lot). Lot I (West Lot) & Lot 2 (CenterLot) will be utilized for daily beach and Cliff Walk parking.

The City will retain use of spaces critical for the operation of Easton's Beach, including wedding and daytime Beachpatrons (Lot I and Lot 2, which includes Reserved Parking Spaces). This time of year there is adequate capacity toaccommodate this additional parking demand.

The Preservation Society will provide its own staff to oversee all aspects of the Annual Food & Wine Festival ParkingProgram at Easton's Beach from start to finish, II AM to 5 PM, Saturday and Sunday, September 24 & 25, 2011.

The Preservation Society will provide $IM in liability insurance and agrees to hold the City hanniess for any personalinjuries or property damage


FISCAL IMPACT

_ Currently Budgeted (Account --') _ Requires additional appropriatiou _ No Fiscal Impact

This agreement will add $2,000 in revenue to the Easton's Beach Enterprise Fund.

SUPPORTING DOCUMENTSResolutionAgreement


THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

WHEREAS: the Preservation Society wishes to enter intoan agreement with the City for the temporaryuse of Easton's Beach parking lot toaccommodate its daytime patrons of the AnnualFood and Wine Festival during the daytimehours of 11am-5pm the period September 24 and25, 2011; and,

WHEREAS: the Preservation Society will provide its ownstaff to oversee all aspects of the AnnualFood and Wine Festival Parking Program atEaston's Beach, indemnify the City for anypersonal injuries or property damage, andcarry liability insurance in the amount of $1million; and,

WHEREAS: the agreement specifies that the PreservationSociety's payment be $2,000. NOW THEREFORE BEIT

RESOLVED: the agreement with the Preservation Societyfor lease of space at the Easton's Beachparking lot for parking during the AnnualFood and Wine Festival for the period ofSeptember 24 and 25, 2011 is approved and theMayor is authorized to sign said agreement,upon review of the City Solicitor's office,on behalf of the City.

IN COUNCIL

READ AND PASSED


July 14,2011

From: Erik ReisBeach ManagerCity of Newport

To: Philip PelletierDirector of Special EventsPreservation Society ofNewport

Re: Letter of Agreement - Use of Easton's Beach Parking Lot during Annual Wine& Food Festival, September 24th and 25th, 2011.

Dear Mr. Pelletier:

It is the City's understanding that The Preservation Society of Newport (thePRESERVATION SOCIETY) would like to enter into an agreement with the City ofNewport (the CITY) for the temporary use of Easton's Beach parking lot toaccommodate its patrons of the Annual Wine & food Festival for the period September24 and 25, 2011.

While the CITY may accommodate your request, it is our mutual best interest to have anagreement in writing by way of this letter of understanding, the provisions of which areas follows:

The CITY is the owner of certain parking facilities located at Easton's Beach for whichparking spaces are available for use by beach patrons during the summer season.

The PRESERVATION SOPCIETY desires to lease parking Lot #3 (East Lot) for use ofits Annual Wine and Food Festival's parking patrons during the hours of:

• Saturday, September 25,2010 from llAM to 5 PM (6 total hours)• Sunday, September 26, 2010 from llAM to 5 PM (6 total hours)

The PRESERVATION SOCIETY will provide its own staff to oversee all aspects of theArmual Wine and Food Festival's Parking Program at Easton's Beach from start to finish,as indicated above. The CITY will provide staff to monitor the activity of thePRESERVATION SOCIETY staff.

In consideration of the mutual promises contained herein, the parties do hereby agree asfollows:

1. Prior to signing of this letter agreement, the PRESERVATION SOCIETY shallprovide the CITY a copy of binder for liability insurance in the amount of OneMillion Dollars ($1,000,000.00) for the period from September 24 to 25, 2011,inclusive, with the City ofNewport named as the Additionally Insured.

-1-

2. The PRESERVATION SOCIETY does hereby agree to save the CITY harmlessfrom any and all claims for personal injuries and/or property damage suffered byany person or property arising from any cause as a result of the PRESERVATIONSOCIETY'S use of the East and/or Center Parking Lots at Easton's Beach, andshall also save and keep the CITY harmless from all damages of any kind, natureand description which may arise to real and personal property occasioned orcaused by the use of said parking lot as a result of the making of this letteragreement.

3. Any problems arising from the use of these parking privileges shall be brought tothe attention of Erik Reis, on-site Beach Manager at (401) 845-5810.

4. Any misuse of these parking privileges, including, but not limited, to use ofspaces not subject to this agreement, shall be subject to the towing policy of theCITY.

The term of this agreement shall commence upon payment in advance, payable to theCity of Newport, of $2,000.00 (two thousand dollars), payable to the City no laterthan September 1, 2011.

This agreement may be terminated by either party by giving the other a writtennotice. If you are in agreement with the forgoing provisions, please indicate youracceptance of this letter of agreement by signing below and forwarding the same tome for further execution. A fully-executed copy will be furnished to you uponcompletion.

CITY OF NEWPORT

Stephen C. Waluk, Mayor

APPROVED AS TO FORM:

Joseph J. Nicholson, Jr.City Solicitor

PRESERVATION SOCIETY OFNEWPORT

Philip Pelletier, Director of Special Events

-2-



City ofNewport


Mayor Stepheu C. Waluk & Members of the City CouncilEdward F. Lavallee, City ManagerAugust 2, 2011Ordinauce Ameudmeut - 20 mph Speed Limit - Thames Street fromPoplar Street to Marlborough Street

Staff Presentation:

RECOMMENDATION:

Modify the ordinance governing speed limits to reduce the speed limit on Thames Street, beginning at the northernterminus (intersection of Thames Street and Poplar Street), and proceeding south to the intersection of Thames Street atMarlborough Street. The current speed limit is 25 MPH. The recommendation is to reduce the speed limit in the affectedlocation to 20 MPH


Traffic studies have been conducted in the upper Thames Street area during the past year. The City's ITC has entertainedseveral reviews of traffic-related issues and neighborhood groups have appeared in various public forums to discussconcerns related to traffic density, speed, and vehicle weight restrictions. Reviews by the ITC and City administrationagree that reducing the speed limit by 5 MPH will increase safety, slow down traffic, and reduce noise.


FISCAL IMPACT

_ Currently Budgeted (Account --') _ Requires additional appropriation l No Fiscal Impact

SUPPORTING DOCUMENTSProposed Ordinance Amendment

Finance Dept Review: Date By: ---- (if applicable)

CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO. _



SECTION 1. Chapter 10.08 of the Codified Ordinances of the City ofNewport, Revision of 1994, as amended, entitled, "GeneralProvisions," is hereby further amended as follows:

Section 10.08.180. Speed Restrictions

ADD: "4. Twenty (20) miles per hour on Thames Street, fromPoplar Street to Marlborough Street."


IN COUNCIL

READ AND PASSED


JUL 2 5 2011

f;~~~~ U

Page I of ICITY OF NEWPORT, RHODE ISLAND

pAILY LIQUOR LICENSE APPLICATION Date:~

TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:

SpecifY Class (F, F-I, orF-2 which?) IF.I CLASS Liquor License

(Class F is Beer & Wine; Class F-l is Full Privile e; Class F-2 is Auction

DESIGNAnON OF APPLICANT (which?): ~ 01-> Q...o\' \\~-::c::-c::-:::-:----;-c::---,=-=--:::-.,.----:::-----'

R.I. Non-Business Corp. OR Re igious Org. OR Political Org. OR C tere..r?

STATEMENT OF PURPOSE: ~="----''--''1:",I.."-,~,,,,';:,-=''----!:r..\-'-------'-=""'-'_~J!&_-+U,."",.L------

STATEMENT OF DISTRIBUTION OF PROFITS (if requested without fee) _

I

Date(s) ofEvent:I_A..:."_,,,,_·_V_~_\__2.__D_,_2_-\ 2_D_\_\ 1

Times(a.m. & p.m.)r----------------------------,

Event Name/Type:,

Location of Eventl \J \:. "'"' (? 0 P_'"'" -A (l..~ iIJ\u~ ~v 'N'"\.

Organization/Corporate Namej \\) \::. \;-J ~ 0 It.T Q(L'T tAuS E.., .",-

D/B/A NAME: I"---;::===~=========:::;;::======================

BUSINESS ADDRESS: I ~b £.S(..\...~VVt.. Av €..

BUSINESS PHONE: I;\'l \ S"\e ~ '2. 00 IALTERNATE PHONE:

NOTE: Alcoholic Beverages Must Be Purchased from a Rhode Island Wholesaler Licensee, exceptCaterers, who must purchase alco lie beverages from a Rhode Island Class A Package Store.

APPLICANT: 'ZCl h >2 A 1.'.£ ,,1"\ CQ\)AAP C / §".. <. \) l \"1PRINT APPLICA~ NAME/TlTLE

o INITIALLING HERE INDICATES RECEIPT OF APPLICATION FOR MINOR BOOK.

FILING FEE $15.00 DA~E ~AI~ 7 ~ ~-- -I/4. ::<:.LICENSE FEE DAILY (F =$15, F-l= $35, F-2= $35)

TOTAL LICENSE FEE (for#of~Days)IS $ 30 DATEPAID _

ISSUED BY DATE ISSUED _

ACTION BY COUNCIL ACTION DATE _

l\ppOJLiquorDailyLicl~nse

r "=~7 STey .~? T~grr7?r ~~7T"--n rrr 7-'7 ""; "T"'EP"WFT . =JF77"~7-7r XX n 'Z77fT?

Date(s) of Event:! e\'2..b I 9\''2.:' I \0\'2.6 2. 0 \ \ ITimes(a.m. & p.m·)1 I

E,- q I'M==;====================

Event Name/Type: I j'l' FPo. \f:J A, "1 ILocation of Event:1 ~'\::."V~t>a...~ AQ..\ N\usauW\.. IOrganization/Corporate Namel 'N Eo..'N Q b 'P-,AQ...\ f\A.;JS Eo '"~ ID/B/A NAME: I .

--;::===========================================::::;BUSINESS ADDRESS: I ,. b e:,e;. ........ e,-.Jv F-.. A", e.. .1 <,I

BUSINESS PHONE: I'tc>\ t:>"\ l:l e'Loe IALTERNATE PHONE: INOTE: Alcoholic Beverages Must Be Purchased from a Rhode Island Wholesaler Licensee, exceptCaterers, who must purchase alc lic beverages from a Rhode Island Class A Package Store.

APPLICAN~ C9 . - EL,z~iirtf6Uf?pA:I;!) /.};:,t, L>11C./-;C)'7'lI>SIGNATU PRINT APPLICANTNAMEITITLE .~"'-

o INITIALLING HERE INDICATES RECEIPT OF APPLICATION FOR MINOR BOOK.

FILING' FEE $1;.00 DATE PAID "7 - d-?-Il .11..~ "LICENSE FEE DAILY (F=$I5, F-l= $35, F-2= $35)

TOTAL LICENSE FEE (for # oflDays) IS $ /c1r- DATE PAID 7 -d-S--4 (-i'AISSUED BY DATE ISSUED _


AppOJLiq lll)fD<\ilyLiccl1~~

to Be efit the Hall of Farne"

1511O(t/ "l::l 5 (p Ii IAlc~;~~F N~~[~~~:iiO::~~~~;~~\ IiI: [I ,j:

! I I D te: July 27, 20!l'~

TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT: ~ i \il ~UL 2 8 f.(jll <,. L,r f jL (~ tJ(,;(fT!

Specify Class (F, F-I, or F-2 which?) 8 CLASS Li uor LI ense C:;i:'~;';, ,. :[:::(Class F is Beer & Wine; Class F-l is Full Privile e; Class F-2 is Auction -".--.,,-.-.

DESIGNATION OF APPLICANT (which?): License for "AI Jardine in Concert

R.I. Non-Business Corp. OR Religious Org. OR Political Org. OR Caterer?

STATEMENT OF PURPOSE: _

STATEMENT OF DISTRIBUTION OF PROFITS (if requested without fee) _

The International Tennis Hall of Fame is a 501 (e) 3 non-profit educational organization.

T~' '~7·~f TDX' ~"'"~737 "nrST ·TTTF75T<EnT~·T··"T····~rnrz TTE' T

of Fame

Colleen Hopkins, Director /Of Special Events

PRINT APPLICANT NAMEfTITLE

Date(s) of Event:/ September 18, 2011

Times(a.m. & p.m')1Doors open 4:30pm; Concert 5:30pm - 7prn

1======================\Event~arne/Type: Al Jardine in Concert to Benefit the International Tennis Hall

Location of Event: International Tennis Hall of Fame, 194 Bellevue Ave, Newport, RI 02840

Organization/Corporate Name International Tennis Hall of Fame Incorporated

D/B/A NAME:

BUSINESS ADDRESS: 1194 Bellevue Avenue, Newport, RI 02840

BUSINESS PHONE: I (401) 849-3990 IALTERNATE PHONE: I (401) 639-9639

NOTE: Alcoholic Beverages Must Be Purchased from a Rhode Island Wholesaler Licensee, exceptCaterers, who ust purchase alcoholic beverages from a Rhode Island Class A Package Store.

APPLICANT: -b-~'~~;=U~-\~~l~L.:"ljb.~__SIGNATURE

o INITIALLING HERE INDICAT1?·l<"U1?·CEIPT OF APPLICATION FOR MINOR BOOK.

FILING FEE $15.00 DATE PAID +j --;T"-'-"--'-'-'-'t-"'""=-

LICENSE FEE DAILY (F =$15 -±:$3 -2= $35)

TOTAL LICENSE FEE (for # 0 ' ays) IS $_-,,3,-,'J"'-.·_-_DATE PAID

ISSUED BY DATE ISSUED _


;\pp03 Liqllorl)aily [.i.::cnsc

citycouncil-08-10-11

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