CITY OF NEWPORTDOCKET OF THE COUNCIL MEETINGNOVEMBER 9,2011The 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 onNovember 9,2011, at 6:30 p.m.PLEDGE OFALLEGIANCE TO THE FLAGCITIZEN'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. 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 ofthe Oct. 12 and 26, 2011, Council Meetingsb. Special Event Licenses:1) Christmas in Newport, Inc., d/b/a Christmas in Newport;December 1- 31, 2011, at various locations (calendar attached)2) Cluny School Parents Club, d/b/a Sisters ofSt. Joseph of ClunySchool Wreath Sale; 438 Thames St., December 2,2011, from 3:00p.m. to 5:00 p.m.; December 3 and 4,2011, from 10:00 a.m. to 2:00p.m.It is the practice ofthe Council to meet at 6:20 p.m. in the second-floor Conference Room to discuss docket items. Thepublic is invited to attend. The docket, along with all supporting documents, can be viewed on the City ofNewportwebsite: www.cityofnewport.com "Current Newport 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 of theCouncil Meeting will be available at the NewpOlt Public Library within 48 hours of the 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 COUNCILNovember 9, 2011Page 23) St. Augustin Church, d/b/a St. Augustin Christmas Bazaar; St.Augustin Church, 2 Eastnor Rd., December 3, 2011, from 10:00a.m. to 3:00 p.m.4) Martha T. Cummings, President, Universal Promise, d/b/a Dinnerand Music Fundraiser; Thames Street Kitchen, 677 Thames St.,December 4,2011, from 6:30 p.m. to 11 :30 p.m.5) Women's & Infants Hospital, d/b/a 28thChristmas Run /Walk;December 11,2011, from 7:00 a.m. to 12 Noon, beginning andending at Rogers High School (route attached)6) Emmanuel Church, d/b/a St Petersburg Men's Ensemble;Emmanuel Church, 42 Dearborn St., December 11,2011, from 7:00p.m. to 9:30 p.m.c. Daily Entertainment License, Ancient Order of Hibernians, 2 WellingtonAve.; November 11,2011, from 6:00 p.m. to 12 Midnight.d. Holiday Selling License, New, Art ofIreland, LLC, d/b/a Art ofIreland,22 Franklin St.e. Pedicab License (Business), Renewal, Andrew Croan, d/b/a Pedi-PowerPedicabs, Waite's Wharf (6 pedicabs)f. Pedicab License (Business), Renewal, Newport Pedicab, LLC, Waite'sWharf (6 pedicabs)g. Victualing License, Renewal, Bellevue Coffee House, Inc., d/b/a Annie's,176 Bellevue Ave.h. Resignation of Gregory P. Yalanis from the Zoning Board of Review(Receive with regret)1. Communication from Hank Kniskern, Chair, Waterfront Commission, re:Recommendation for improvements to the stone pier dinghy docks-inclusion in the 2012-13 City Budget (Receive and refer to cityadministration)DOCKET OF THE COUNCILNovember 9, 201 IPage 3J. Communication from Trudy Coxe, CEO & Exec. Director, ThePreservation Society of Newport, County, in support ofthe NewportRestoration Foundation's new plan for Queen Anne Square. (Receive)k. Communication from Lawrence Cutler, President/CEO, National Museumof American Illustration, opposing the NRF plan for Queen Anne Square(Receive)1. CRMC Notice of intent to change management plans, policies, proceduresand regulations. (Receive)m. Claim ofNeyda Dejesus, by attorney (Receive and refer to City Solicitor)LICENSES & PERMITS2. Application of Farahnaz Shobeiri, d/b/a Genie's Hookah Lounge and TraditionalMiddle Eastern Tea House, to expand her Annual Entertainment License(currently limited to background music) to include traditional Middle Easternband, belly dancers, poetry readings, movies and dancing. (First Hearing)3. Application for a Victualing License, New, Amanda M. Bryan, d/b/a TheNewport Sweet Shoppe, 82 William St.COMMUNICATIONS & PETITIONS4. Communication from Sidney Long asking to address the Council regarding theNewport Restoration Foundation's proposal for Queen Anne Square.APPOINTMENTS TO BOARDS AND COMMISSION5. Zoning Board of Review (1 vacancy): Appointment ofLyn Ceglie from Alternate to full member Reappointment of Board of Review ChairRESOLUTIONS6. In support of Comprehensive Statewide Pension Reform - J. McLaughlin, H.Winthrop, K. Leonard, J. Napolitano, N. Neville, C. DuncanDOCKET OF THE COUNCILNovember 9, 2011Page 47. Welcoming Spring with Daffodils - C. Duncan, S. Waluk, N. Neville, 1.Napolitano, J. McLaughlin, K. Leonard, H. Winthrop8. Requesting the City Administration to provide a report to the Council regardingpotential uses of future excessed elementary school properties - J. Napolitano,H. Winthrop, C. Duncan, K. Leonard, N. NevilleCOMMUNICATIONS FROMTHE CITY MANAGER9. Communication #4916/11, re: Aquidneck Island Land Trust ConservationEasements - Coggeshall School (2 parcels) and Bailey's Brook Land Parcel(with accompanying resolution; continued from Oct. 26, 2011)-- Memorandum from the City Manager, re: Proposed Easements10. Communication #4917/11, re: Utility Line Installation - Pell School Project(continued from Oct. 26, 2011)11. Communication #4918/11, re: Bid Award for Parking Meter Management andParking Meter Rate Change (with accompanying resolution and ordinance)12. Communication #4919/11, re: Financing for Water Treatment PlantImprovements (with accompanying resolution and ordinance)13. Communication #4920/11, re: Bid Award for Water Division Valve BoxMaintenance Trailer (with accompanying resolution)14. Communication #4921/11, re: RIDEM Recreation Acquisition andDevelopment Grant Application (with accompanying resolution)15. Communication #4922/11, re: Ocean Avenue Seawall Construction InspectionServices Contract Change Order (with accompanying resolution)16. Communication #4923/45, re: Bid Award for Rental and Cleaning of PortableRestrooms (with accompanying resolution)16. Memorandum from the City Manager, re: Summary of Current PUC Rate FilingADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSECOMMISSIONERSDOCKET OF THE COUNCILNovember 9, 2011PageSBOARD OF LICENSE COMMISSIONERS1. Annual Liquor License Renewals: (Hearing)a) Class BV:1) A&O, Inc., d/b/a Asterisk, 599 Thames S1.2) Colonial Tavern, Inc., d/b/a Colonial Tavern, 18 Broadwayb) Class D:1) Friendly Sons of Newport Social Club, 3 Farewell S1.2. Application ofN.T. Corporation, d/b/a The Black Pearl, Bannister's Wharf,holder of a Class BV alcoholic beverage license to transfer 98.7 % of its stockto David D. Cullen, Keith B. Cullen, Matthew C. Cullen, and Tyler B. Cullen(24.78% each) (Hearing)3. Application of Forty 10North, LLC, d/b/a 41 0 North, 351 Thames Street,holder of a Class BT alcoholic beverage license, through its sole member, 802Partners, LLC, to transfer 97% ofthe membership interest in 802 Partners,LLC, to Dorrance H. Hamilton, and 3% of the membership interest in 802Partners, LLC, to JGEM, LLC, whose sole members are Peter M. Borden andGeorge W. Moore. (Hearing)4. Application of Forty 10North, LLC, d/b/a 41 0 North, 351 Thames Street,holder of a Class BH alcoholic beverage license, through its sole member, 802Partners, LLC, to transfer 97% of the membership interest in 802 Partners,LLC, to Dorrance H. Hamilton, and 3% of the membership interest in 802Partners, LLC, to JGEM, LLC, whose sole members are Peter M. Borden andGeorge W. Moore. (Hearing)ADJOURNKathleen M. SilviaCity ClerkNovember 2,2011CITY OF NEWPORTMINUTES OF THE COUNCIL MEETINGHELD OCTOBER 12, 2011The following items of business, flied with the City Clerk under the Rules ofthe Council, camebefore the Council at its regular meeting held on October 12, 2011.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. DUNCANKATHRYN E. LEONARDJUSTIN S. MC LAUGHLINJEANNEMARIE NAPOLITANOCITIZEN'S FORUM:NAOMI NEVILLESTEPHEN C. WALUKHENRY F. WINTHROPHilary Stookey, 179 Coggeshall Ave., said she was speaking on behalf ofvisitors to Newport whohave frequented Queen Anne Square over the last two years and, who, after having been advised of.the proposed changes to the park, object to the plans, especially the removal of the. trees currently inthe park.1.'1 .. PUBLIC HEAiUNG: Transportation Improvement Program; Communication #4909/11, re: 2013-2016 T1'ansportation Improvement ProgramCOUNCILOR MC LAUGHLIN moved a Memorandum from the Director of Planning be receivedand the request amended to add the Dinner Train Shuttle as #7 on the City's list ofpriority projects.Seconded by COUNCILOR WINTHROP.PAIGE BRONK, Director of Planning, said he had received notice that the RI Dept. of Transportationand Statewide Planning Council had forgotten to include $500,000 for the Dinner Train Shuttle whenthey developed the list. He said the money would be used to repair the rail lines that are in poor. condition and a small amount would be used for the actual shuttle service. He said he believed thedinner train company had acquired one or two engines to use for the shuttle. MAYOR WALUKasked ifadding the dinner shuttle as the seventh priority would degrade the first six items which areCity priorities. DIRECTOR BRONK responded that that was a possibility because the State willultimately make the decision regarding the projects to be funded.MAYOR WALUK, citing City projects that have been under consideration for several year, includingBroadway paving and Thames St. Streetscape Improvements, moved that the motion to include theDimler Train Shuttle be withdrawn. Seconded by COUNCILOR LEONARD.COUNCILOR NAPOLITANO asked what effect withdrawing the shuttle would have on the City'spriorities; DIRECTOR BRONK responded that ifit is not included it would not be considered withthe City's projects. He noted that the Dinner Train Shuttle does iuclude some State assets and theaddition was requested by the State.MINUTES OF THE COUNCIL MEETINGHELD OCTOBER 12,2011Page 2CITY MANAGER EDWARD LAVALLEE commented that although the State endorses the DitmerTrain Shuttle, it does not have to be included on the City's list.The motion to withdraw inclusion of the Dinner Train Shuttle'was VOTED UNANIMOUSLY.MARGARET KIRSHNER said she wondered if the shuttle had anything to do with the transportationplan for Aquidneck Island and suggested Middletown be notified to include it on their list.GUY WESTON of 19 Elm St., which he said was one propelty away from the railroad tracks, saidthere had been major problems with the dinner train in the past, and it was his understanding thatsome of the TIP funding was to be used to build a larger ticket booth, to which he and other residentsobject.BETH MILHAM, 108 Champlin Place North, said the shuttle could be a strategy to bring people toNewport while leaving their cars outside of Newport..MR. WESTON said that the dinner train ran a shuttle three years ago and the engines used were veryloud and billowed diesel fuel, more so than what would be in the air from cars.MAYOR WALUK moved the hearing be closed. Seconded by COUNCILOR MC LAUGHLIN andVOTED UNANIMOUSLY.MAYOR WALUK moved the communication be received and the accompanying resolution listingthe City's sill: priorities be adopted. Seconded by COUNCILOR WINTHROP and VOTEDUNANIMOUSLY.COUNCILOR MC LAUGHLIN moved the Consent Calendar be amended to add #b-6. Seconded byCOUNCILORNAPOLITANO and VOTED UNANIMOUSLY.2. CONSENT CALENDAR. (THB CONSBNTCALBNDARIS APPROVED IN ITS ENTIl\BTY UNLESS TIlBCOUNCILREMOVES AN ITEM FOR DISCUSSION. ALL LICENSBS ARE ORANTIlDSUBJECTTO COMPLlANCB WITH ORDINANCES #) I80 AND #98-40.)a. Minutes ofthe Sept. 14, 2011, Council Meetingb. Special Event Licenses:1) Rogers High School Music, Art & Theater Dept., d/b/a Haunted House; RogersHigh School, Wickham Road, October IS, 2011, from 5:00 p.m. to 10:00 p.m.2) Sail Newport, Inc., d/b/a Sail Newport Presents/Fundraiser; Jane PickensTheater, 19 Touro St., October 18,2011, from 6:00 p.m. to 10:00 p.m.3) Washington Square Roots Committee, d/b/a Halloween Parade; EisenhowerParkand Washington Square (sidewalks), October 31,2011, from 5:00 p.m. to7:00p.m.4) Child & Family Services ofNewport County, d/b/a Taste ofNewportlFundmiser; Hyatt Regency, Goat Island, November 13. 2011, from5:00 p.m. to 11:00 p.m.5) REMOVED: Ocean State Tall Ships Festival 2012; various locations6) Big Brothers Big Sisters of The Ocean State, d/b/a The Big Toast, BelcourtCastle,O(ct. 15,2011, from 1:00 p.m. to 6:00 p.m.MINUTES OF THE COUNCIL MEETINGHELD OCTOBER 12, 2011Page 3c. Annual Catering License, Blue Rocks Catering, LLC, 7 Carroll Ave.d. Holiday Selling License, New, Thomas Martin, d/b/a JJ's Audio & Electronics, 188Connell Highway.e. Pedicab Business License (4 Pedicabs), Renewal, David Cass, Pirate Pedicab,32Kenyon St., Providence, RIf. REMOVED: Semi-Annual Report of the Ad Hoc Committee on Wastewater andStormwater System Improvements (Receive)g. Newport and Bristol County Convention and Visitors Bureau's IndependentAuditors' Report for the year ending March 31, 2011 (Receive)h. REMOVED: Newport Housing Authority 2011 Annual Report (Receive)I. Communication from the Town of Richmond, RI, re: Opposing the implementation ofpaid tolls on Interstate Route 95 between the Towns of Richmond and Hopkinton.(Receive)j. Claim of Nancy H. White (Receive and refer to City Solicitor)COUNCILOR MC LAUGHLIN moved the Consent Calendar, with the exception of Items #b-5, f andh, be adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.b-5) Ocean State Tall Ships Festival 2012; various locations along the waterfront -- privateproperties, as well as Perrotti Park, the State Pier, and Washington St., July 5-9, 2012.RICK MC AULIFFE, President, and ERIN DONOVAN, Exec. Director, of Ocean State Tall ShipsFestival 2012 came forward to respond to questions.COUNCILORNAPOLITANO said she was confused on the fees to be charged and asked if would befor parking and shuttle or admissions onto the ships. MS. DONOVAN responded that would be a daypass for admissions to the ships; however, the fees are not yet finalized.COUNCILOR LEONARD noted that the last pier off of southern Thames St. at which a tall shipwould be docked, is at the International Yacht Restoration School (IYRS). MR. MC AULIFFEresponded that those piers have been designated for the large ships; however, as the committeenegotiates to bring in other vessels they will also negotiate for piers farther south. COUNCILORLEONARD responded that she hoped there would be more vessels located at piers farther downThames Street to bring foot traffic to those businesses. MR. MC AULIFFE said the committee isendeavoring to raise $1.2 million and to get as many vessels as possible, which should result in a $20million stimulus over their four-day visit. He noted that City Manager Edward Lavallee is activelyworking with the committee and being kept informed as the plans progress.COUNCILOR LEONARD cited the traffic control efforts a few years back during the US Women'sOpen golf tournament, which she said was a well-organized machine and kept people moving with notraffic jams.MAYOR WALUK moved the Special Event License be approved. Seconded by COUNCILORWINTHROP and VOTED UNANIMOUSLY.MINUTES OF THE COUNCIL MEETINGHELD OCTOBER 12, 2011Page 4k. REMOVED: Semi-Annual Report of the Ad Hoc Committee on Wastewater andStormwater System-Improvements (Receive)COUNCILOR LEONARD commented on the many items addressed in this comprehensive report andthe Committee's recommendations should be reviewed. She then moved the report be received.Seconded by COUNCILOR NAPOLITANO.COUNCILOR DUCAN said the Ad Hoc Committee and those serving on the Newport HousingAuthority should be thanked for all their work.The motion to receive the report was VOTED UNANIMOUSLY.I. REMOVED: Newport Housing Authority 2011 Annual Report (Receive)COUNCILOR NAPOLITANO moved the Report be received. Seconded by COUNCILOR MCLAUGHLIN.COUNCILOR NAPOLITANO cited an article in the Providence Sunday Journal on the rehabilitationof the City's north end and congratulated the Housing Authority on the work that they've done andwill do in the future.The motion to receive the Report was VOTED UNANIMOUSLY.LICENSES & PERMITS3. Application for a Special Event License, ISES Rhode Island for a Halloween Bash/Fundraiser; "SeaView Terrace," Ruggles Ave & Wetmore St., October 22,2011, from 7:00 p.m. toMidnight. (Continued from Sept. 28, 201 I)MAYOR WALUK moved the license be approved. Seconded by COUNCILOR MC LAUGHLJN.The motion to approve was UNANIMOUSLY DENIED.4. Application for a Special Event License, Newport Community School, d/b/a 10thAnniversaryCelebration! Fundraiser; Easton's Beach Rotunda, 175 Memorial Blvd., Nov. 4, 2011, froni6:00 p.m. to 10:00 p.m. Communication from Tracy L. Shea, Exec. Director, Newport -- Community School,requesting a 50% reduction in the Rotunda rental fee.MAYOR WALUK asked if anyone were present on behalf ofthe Community School. (No oneresponded.)MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO andVOTED UNANIMOUSLY.5. Application for an Annual Victualing License, Michael A. Wells, d/b/a Cafe Bellevue II, I I IBellevue Ave. (New Owner)MINUTES OF THE COUNCIL MEETINGHELD OCTOBER 12,2011PageSMAYOR WALUK moved the license be approved. Seconded by COUNCILOR WINTHROP andVOTED UNANIMOUSLY.6. Application for a Sidewalk Cafe License, 2paddysandacanuck, LLC, d/b/a The Fifth Element,107-111 Broadway.MAYOR WALUK moved the application be continued to October 26, 2011. Seconded byCOUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.7. Annual Victualing License Renewals, 2011-2012MAYOR WALUK moved the license renewals be approved, with the exception ofthat for 41Degrees North. Seconded by COUNCILOR NAPOLITANOEVAN LEVISS, ESQ, on behalf of J Boats Management, objected to the renewal of the victualinglicense, as well as the liquor license, of The Pier Restaurant because oftheir use of a right-of-way,which he said had not been approved by the Coastal Resources Management Council.MAYOR WALUK responded that he did not see a need for the Council at this time to hear a fullpresentation on Attorney Leviss' objections as he had given a full presentation last year. He said itwould appear that Attorney Leviss should file an appeal with either the CRMC or in Superior Court.ATTORNEY LEVISS responded that J Class Management abuts the outdoor area being used by ThePier Restaurant and a condition the City Council imposed on granting that use was that the CRMCapprove their use ofthe right-of-way, and that requirement has not been satisfied.CITY SOLICITOR JOSEPH J. NICHOLSON, JR., said a show cause hearing on Attorney Leviss'allegations could not be held because the licensee was not present at the meeting. He said ifMr.Leviss wishes he could put his complaint in writing and forward it to the Solicitor's office for review.Themotion to approve the license renewals was VOTED UNANIMOUSLY.Application of 41 Degrees North to renew its Victualing License.COUNCILOR LEONARD recused herself.MAYOR WALUK moved the renewal be approved. Seconded by COUNCILOR WINTHROP andVOTED UNANIMOUSLY (6-0).APPOINTMENTS TO BOARDS AND COMMISSIONMAYOR WALUK moved Jimmy Winters be reappointed to tHe NEWPORT FILMCOMMISSION. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.RESOLUTIONS9. Urging the RI General Assembly to enact comprehensive "Extended Producer Responsibility"(EPR) Legislation to require producers to accept responsibility for end-of-life management ofMINUTES OF THE COUNCIL MEETINGHELD OCTOBER 12, 2011Page 6their products and bear the costs of recycling and responsible disposal - J. McLaughlin, N.Neville, J. Napolitano, O. Duncan Communication from the Newport Energy & Environment Commissionin support of EPR LegislationCOUNCILOR MC LAUGHLIN introduced the resolution and moved for its adoption. Seconded byCOUNCILOR NAPOLITANO.COUNCILOR NEVILLE pointed out that the EPR Legislation would specifically address theproblem of discarded mattresses and needles and is a step in the right direction.COUNCILOR LEONARD said that she totally believes in recycling; however, she did not haveenough information to understand the impact the EPR Legislation would have on businesses andconsumers.COUNCILOR MC LAUGHLIN pointed out that the resolution had been requested by Clean WaterAction and was supported by the City's Public Services Director and Clean City Program .Coordinator.ELLIE LEONARDSMITH of Clean Water Action said the proposed legislation would benefit thepublic health and environment, as well as Rhode Island communities, taxpayers, and ResourceRecovery. She pointed out that when delivering new mattresses many businesses will take the old,and the manufacturers of them can better deal with their disposal. She cited progress made in theState of Oregon, which actually resulted in the creation ofjobs, and noted that only certain productsare being targeted in the EPR Legislation.COUNCILOR NAPOLITANO moved information submitted by MS. LEONARDSMITH bereceived. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.BETH MILHAM, Chair, Newport Energy & Environment Commission, said the time has come forproducers to be responsible for the disposal oftheir products, and pointed out that the legislationwould also include the formation of a stakeholders group.COUNCILOR NAPOLITANO congratulated those involved in promoting the legislation and notedthat the State landfill will eventually be full and unable to accept more waste. COUNCILOR MCLAUGHLIN noted that with the adoption ofthe resolution the City would be embracing the conceptand would be urging the RI General Assembly to develop the appropriate legislation.VOTE ON THE MOTION TO ADOPT:In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLIN,NAPOLITANO, NEVILLE and WINTHROP.Opposed - COUNCILOR LEONARD10. Recognizing Local Businesses and Organizations for their assistance during the HurricaneIrene Threat - S. WalukMINUTES OF THE COUNCIL MEETINGHELD OCTOBER 12,2011Page 7MAYOR WALUK introduced the resolution and moved for its adoption. Seconded by COUNCILORMC LAUGHLIN and VOTED UNANIMOUSLY.ORDINANCESII. Amending Chapter 12.08 ofthe Codified Ordinances, entitled, "Excavations and Curb Cuts",Section 12.08.0709 ("Responsibilities of Permit Holders"), to prohibit the use ofconcretecurbing on any public street 01' right of way. (Requested by Councilor Neville with support ofPublic Services Director)COUNCILOR NEVILLE introduced the ordinance and moved for its adoption. Seconded byCOUNCILOR WINTHROP and VOTED UNANIMOUSLY.COMMUNICATIONS FROMTHE CITYMANAGER12. Communication #4910/11, re: RI Department ofTransPOltation Grant Agreement-ExistingAnn Street PierCOUNCILOR LEONARD recused herself.COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY. (6-0)13. Communication #4911/11, re: Implementation of Residential (Sticker) Parking -- EqualityPark West .COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingordinance adopted on first reading. Seconded by COUNCILOR NAPOLITANO.COUNCILOR MC LAUGHLIN noted that there are no houses on the east side ofEquality Park Westand moved that the ordinance be amended to provide for resident parking only on the west side oft h ~street. Seconded by COUNCILOR DUNCANand VOTED UNANIMOUSLY.The ordinance, as amended, was UNANIMOUSLY ADOPTED on first reading.14. Communication #4912/1 I, re: 2009 Assistance to Firefighters Grant, 800 MHz RadioEquipment .COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.7:22 P.M. ADJOURNED AS COUNCIL AND CONVENED AS BOARD OF LICENSECOMMISSIONERSMINUTES OF THE COUNCIL MEETINGHELD OCTOBER 12,2011Page 8BOARD OF LICENSE COMMISSIONERSCOMfy:IISSIONERMC LAUGHLIN moved Item (c) be added to the Consent Calendar. Seconded byCOMMISSIONERNEVILLE and VOTED UNANIMOUSLY.1. CONSENT CALENDAR. (THBCONSBNT CALBNDAR IS APPROVBD IN ITSBN:rIRBTY LlNLESS THB COLlNCILRBMOVBS AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTBD SUBJECTTO COMPLIANCE WITH ORDINANCES #31-80 AND #9840.)a) Class F Daily Liquor License, NewpOlt Tree Society, d/b/a Saplings and Spirits(Fundraiser); SeaView, Ruggles Ave. & Wetmore St., October 13,2011, from 5:30p.m. to 7:30 p.m. .. .. b) Class F-l Daily Liquor License, Sail Newport, Inc., d/b/a Sail Newport Presents...(Fundraiser); Jane Pickens Theater, 19 Touro St., Octoberl8, 2011, from 6:00 p.m. to9:00p.m.c) Class F-l Daily Liquor License, Big Brothers Big Sisters of The Ocean State, d/b/aThe Big Toast; Belcourt Castle, Believue Ave., Oct. 15,2011, from I :00 p.m. to 6:00p.m.COMMISSIONER MC LAUGHLIN moved the Consent Calendar be adopted. Seconded byCOMMISSIONERNAPOLITANO and VOTED UNANIMOUSLY.2. Application ofNewport Wine Cellar, LLC, d/b/a Newport Wine Cellar, 24 Bellevue Ave., toh'ansfer 100% ofits stock to Maria Chiancola (Hearing)SCOMMISSIONERNAPOLITANO moved the hearing be closed. Seconded by COMMISSIONERMC LAUGHLIN and VOTED UNANIMOUSLY.CHAIRMAN WALUK moved the stock transfer be approved. Seconded by COMMISSIONERNEVILLE and VOTED UNANIMOUSLY.3. Application of 2paddysandacanuck, LLC, d/b/a The Fifth Element, 107-111 Broadway, totransfer 33-113% of its stock to Bradley Cherevaty and Frank Doyle (each becoming 50%stockholders). (Hearing)COMMISSIONERNAPOLITANO moved the hearing be closed. Seconded by COMMISSIONERWINTHROP and VOTED UNANIMOUSLY.CHAIRMAN WALUK moved the stock transfer be approved. Seconded by COMMISSIONERWINTHROP and VOTED. UNANIMOUSLY.4. Application of2paddysandacanuck, LLC, d/b/a The Fifth Element, 107-111 Broadway, toexpand its Class BV alcoholic beverage license to a 6'6" x 60' sidewalk cafe. (Hearing)CHAIRMAN WALUK moved the application be continued to October 26, 2011. Seconded byCOMMISSIONER WINTHROP and VOTED UNANIMOUSLY.MINUTES OF THE COUNCIL MEETINGHELD OCTOBER 12 2011. ,Page 95. Annual Liquor License Renewals, 2011-2012 (listed at the end ofthe docket) (Hearing)CHAIRMAN WALUK moved the hearing be closed. Seconded by COMMISSIONERNAPOLITANO and VOTED UNANIMOUSLY.CHAIRMAN WALUK moved the license renewals, with the exception of the Class BT and BH for41 Degrees'North, be approved. Seconded by COMMISSIONERNAPOLITANO and VOTEDUNANIMOUSLY.41 Degrees North, Class BT and BH Liquor License RenewalsCOMMISSIONER LEONARD recused herself.CHAIRMAN WALUK moved the license renewals be approved. Seconded by COMMISSIONERWINTHROP and VOTED UNANIMOUSLY. (6-0)7:25 P.M. ADJOURNEDKathleen M. SilviaCity ClerkCITY OF NEWPORTMINUTES OF THE COUNCIL MEETINGHELD OCTOBER26,2011The following items of business, filed with the City Clerk under the Rules of the Council, camebefore the Council at its regular meeting held on October 26, 20I I.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. DUNCANKATHRYN E. LEONARDJUSTIN S. MC LAUGHLINJEANNE-MARIE NAPOLITANOCITIZEN'S FORUM:NAOMI NEVILLESTEPHEN C. WALUK, MAYORHENRY F. WINTHROPTRACY SHEA, Executive Director, Newport Community School, said the Community School iscelebrating its ten-year anniversary, and recently received the RI After-school Plus Alliance Awardfor their exemplary programs. She said the Community School has been providing enrichment andacademic programs for ten years at Thompson Middle School, an academic program at Rogers HighSchool, and a mentoring program for special needs students. She also noted that the Aquidneck .Island Adult Learning Center recently moved to the Kennedy School Annex in Middletown andannually has more than 700 adult learners.KERRY CLOUGHER, 9 Cowsill Lane, said she supported a new school at the Dexter Street site, butbelieved the process had been closed and rushed. She said that because the bids had come in $4million over budget, there was nowan opportunity for an open process and dialogue. She said adecision should not be made within a week as to what would be eliminated in the current school planto bring it to within budget, but rather there should be a series of public workshops to review any newplans.I. 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 #3 1-80 AND #98-40.)a. Minutes of the Sept. 28, 2011, Council Meetingb. Special Event Licenses:1) Emmanuel Church, d/b/a Holiday Fair; Emmanuel Church, 42 Dearborn St.:November 18,2011, from 5:00 p.m. to 8:00 p.m., and November 19, 2011,from 9:00 a.m. to 3:00 p.m.2) Island Moving Company, d/b/a Newport Nutcracker at Rosecliff; Rosecliff,548 Bellevue Ave.: Nov. 25, 2011, at 4:00 p.m. and 8:00p.m.; Nov. 26, 2011, at 2:00 p.m. and 7:00 p.m.; Nov. 27, 2011, at 2:00 p.m.and 6:00 p.m.; Nov. 29, 30, Dec. I and 2, 2011, at 4:00 p.m. and 8:00 p.m.c. Removed: Communication from Andrew Segal and Karen Weberd. REMOVED: Communication from Elizabeth Meyere. REMOVED: Communication from Gigi Tollefsonf. REMOVED: Communications from G. Brian Sullivan, Ph.DMINUTES OF THE COUNCIL MEETINGHELD OCTOBER 26, 2011Page 2g. Claims: (Receive and refer to City Solicitor)1) Jane L. Iandolo, by attorney2) Geico Indemnity, a/s/o Susan Taylor, by attorney3) Alex FraioliCOUNCILOR MC LAUGHLIN moved the Consent Calendar, with the exception of items c, d, e andf, be adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.c. Communication from Andrew Segal and Karen Weber, 24 Mill St., re: inappropriatenessof the Lin plan for Queen Anne Square. (Receive)ANDREW SEGAL read from a prepared statement his concerns regarding the proposal and said themodel on display at the Newport Public library could result in a good park if the ghost foundations,structures and the proposed chinmey were removed. He questioned the sufficiency of the endowmentfor the park's long-term maintenance. He also noted the possibility of disturbing contaminated soilfrom long ago businesses at the site if the proposed ghost foundations are installed.d. Communication from Elizabeth Meyer, re: Alternative sites for Maya Lin's sculptures forQueen Anne Square. (Receive)ELIZABETH MEYER, 28 Church St., said that prior to the proposal from the Newport RestorationFoundation no one had complained about Queen Anne Square nor said that it had to be "fixed." Shesaid the park is probably the most used in the City as it is always filled with people. She said shewould agree that the trees and shrubs need attention but there are people who would be willing to dothe work and/or provide finances for a professional to do it. She also said there should be a full DEMinvestigation ofthe ground before there is any digging.e. Communication from Gigi Tollefson, 711 Aquidneck Ave., Middletown, RI, re:preserving Queen Anne Square, as created, and suggested formation of "Friends ofQueen Anne Square." (Receive)GIGI TOLLEFSON commented on the issues raised in her letter and said there should be a QueenAnne Park Commission that could be modeled after the Miantonomi Park Commission.f. Communications from G. Brian Sullivan, Ph.D., 76 Broadway, re: 1976 gift of QueenAnne Square to the people of Newport, and requesting assistance in obtaining a copy ofthe Lin plans, drawing or blue prints for Queen Anne Square. (Receive)G. BRIAN SULLIVAN said he believed the plaque set in the bricks in the park on July 10, 1976, anddedicated by Queen Elizabeth II, should be considered a legal document that attests to the propertyrights of the citizens.COUNCILOR MC LAUGHLIN moved communications c, d, e and fbe received. Seconded byCOUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.MINUTES OF THE COUNCIL MEETINGHELD OCTOBER 26,2011Page 3LICENSES & PERMITS2. Application for a Sidewalk Cafe License,2paddysandacanuck, LLC, d/b/a The Fifth Element,107-111 Broadway (Continued from October 12, 2011)MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO andVOTED UNANIMOUSLY.3. Application for a Second-hand License, New, Pebble Drive Interiors, LLC, d/b/a Pebble DriveInteriors, 225 Spring St. (Hearing)MAYOR WALUK moved the hearing be closed and the license approved. Seconded byCOUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.4. Application for a Victualing License, New, Lessings, Inc., d/b/a Lessings Food ServiceManagement, CCRI Campus, 1 John H. Chafee Blvd.MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO andVOTED UNANIMOUSLY.5. 2011-2012 Victualing License Renewals:a) Vivienne O'Dwyer, d/b/a People's Cafe, 282 Thames St.b) George Barson, d/b/a Pick Pockets of Newport, 190A Thames St.c) Sapo Freaky Burrito, d/b/a Sapo Freaky Burrito, 16 BroadwayMAYOR WALUK moved the license renewals be approved. Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.6. APPOINTMENTS TO BOARDS AND COMMISSIONMAYOR WALUK moved Councilor Justin McLaughlin be appointed the City Council Liaison toNewport Film Commission. Seconded by COUNCILOR NAPOLITANO and VOTEDUNANIMOUSLY.MAYOR WALUK moved Susan McCoy be appointed to the Beach Commission. Seconded byCOUNCILOR NAPOLITANO and VOTED UNANIMOU8LY.MAYOR WALUK moved Richard Barker be appointed to the Waterfront Commission. Secondedby COUNCILOR LEONARD and VOTED UNANIMOUSLY.ORDINANCES7. Amending Chapter 10.32.110 of the Codified Ordinances, entitled, "Designated ResidentialParking Streets," Paragraph A (6:00 p.m. to 6:00 a.m.) to add the west side of Equality ParkWest.MINUTES OF THE COUNCIL MEETINGHELD OCTOBER 26,2011Page 4COUNCILOR MC LAUGHLIN moved the ordinance be adopted on second reading. Seconded byCOUNCILOR WINTHROP and VOTED UNANIMOUSLY.8. Amending Chapter 12.08 of the Codified Ordinances, entitled, "Excavations and Curb Cuts",Section 12.08.070 ("Responsibilities of Permit Holders"), to prohibit the use of concretecurbing on any public street or right of way.COUNCILOR NEVILLE moved the ordinance be adopted on second reading. Seconded byCOUNCILOR LEONARD and VOTED UNANIMOUSLY.COMMUNICATIONS FROM THE CITY MANAGER9. Memorandum from the City Manager, re: Newport Harbor Center (Armory)ReportStatusMAYOR WALUK moved the memorandum be received. Seconded by COUNCILOR WINTHROP.COUNCILOR LEONARD said she was addressing only the Armory building and not whether or notthe project was good or bad. She said too many unanswered financial to which she would likeresponses: (I) ADA -- what is needed to make the entire building compliant and the cost? (2) Southside egress problem with abutter, how will it be resolved and the cost? (3) Structural Assessment -will it be for the entire building? What are the elements and what will be costs to make the entirebuilding functional for the public? (4) What are the sprinkler requirements for the entire building andthe cost? (5) What will asbestos remediation cost? (6) What are the Code requirements for thebuilding and the costs to bring the entire building up to Code? (7) What will be the cost for correctingcombined storm and sanitary drains? (8) What is the cost for new pole on east side of Ann St. androuting underground electrical service? (9) What are the costs for gutters, electrical work, heatingsystems, and internet access? She said the public has the right to know, and the Council has theresponsibility to provide them with the information and not rush into the project because oftheavailability of Federal and State funds.COUNCILOR MC LAUGHLIN responded that a meeting ofthe Council-appointed HarborCenter Working Group should be scheduled as soon as possible with the City Planner, who was notpresent, so that he could address the questions raised in his report which was attached to the CityManager's memorandum.The motion to receive the memorandum was VOTED UNANIMOUSLY.10. Memorandum from the City Manager, re: Open Space PolicyMAYOR WALUK moved the memorandum be received. Seconded by COUNCILOR WINTHROPand VOTED UNANIMOUSLY.II. Communication #4913/11, re: RI Department of Health Memorandum of Understanding -Water Treatment Plant ImprovementsMINUTES OF THE COUNCIL MEETINGHELD OCTOBER 26, 2011PageSCOUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.12. Communication #4914/11, re: Bid Award for Janitorial & Cleaning ServicesCOUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR NAPOLITANO.COUNCILOR LEONARD noted that in the past the lessee of the Armory was required to maintainthe restrooms, which are now included in this bid, and asked how much the City receives in rent andhow much lessee takes in from the various vendors. CITY MANAGER LAVALLEE responded thatthe lessee, the Rose Island Lighthouse Foundation, pays the utility costs plus $4,000 a month duringthe six-month tourist season and $2,000 per month for the remaining six months. He said theyoperate on a month to month basis because it is unknown how long that location will be available tothem. MAYOR WALUK reiterated that the Council would like to know how much the Foundationreceives from the antique dealers located in the building.The motion to receive the communication and adopt the resolution was VOTED UNANIMOUSLY,13. Communication #4915/11, re: Statewide Planning 2011 Planning Challenge GrantApplicationCOUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR WINTHROP.VOTE: In favor - MAYOR WALUK; COUNCILORS DUNCAN, LEONARD, NAPOLITANO,NEVILLE and WINTHROP.Opposed - COUNCILOR MCLAUGHLIN.14. Communication #4916/11, re: Aquidneck Island Land Trust Conservation Easements-Coggeshall School (2 parcels) and Bailey's Brook Land ParcelCOUNCILOR NAPOLITANO moved the communication be continued to the November 9thmeetingand, in the interim, the Council meet in executive session to discuss the proposal. Seconded byCOUNCILOR WINTHROP and VOTED UNANIMOUSLY.IS. Communication #4917/11, re: Utility Line Installation - Pell School ProjectCOUNCILOR MC LAUGHLIN moved the communication be continued to the November 9thcouncilmeeting. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.7:01 P.M. RECESSED AS COUNCIL AND CONVENED AS BOARD OF LICENSECOMMISSIONERSMINUTES OF THE COUNCIL MEETINGHELD OCTOBER 26, 20IIPage 67:04 P.M. COUNCILOR MC LAUGHLIN moved the Council reconvene and, pursuant to RIGeneral Laws, Section 42-46-1, as amended, and in accordance with Section 42-46-5,"Purposes for Which Meeting May be Closed", (a)(5) "Disposition of Publicly-HeldProperty," the Council move to Executive Session in the Conference Room to discuss thedisposition of Carey School. Seconded by COUNCILOR WINTHROP and VOTEDUNANIMOUSLY.P.M. COUNCILOR MC LAUGHLIN moved the Council reconvene in open session, theMinutes of the executive session be sealed, and the Council adjourn. Seconded byCOUNCILOR WINTHROP and VOTED UNANIMOUSLY.BOARD OF LICENSE COMMISSIONERSI. Application of2paddysandacanuck, LLC, d/b/a The Fifth Element, 107-111 Broadway, toexpand its Class BV alcoholic beverage license to a 6'6" x 60' sidewalk cafe. (Hearing;continued from October 12,2011)JACK MC VICKER, 32 Gould Street, said the Off-Broadway Association had done a mailing on theproposed sidewalk cafe and 30 responses were received from people who enthusiastically supportedthe proposal.COMMISSIONER NAPOLOLITANO moved the hearing be closed. Seconded byCOMMISSIONER WINTHROP and VOTED UNANIMOUSLY.CHAIRMAN WALUK moved the expansion be approved. Seconded by COMMISSISONERWINTHROP and VOTED UNANIMOUSLY.7:04 P.M. COMMISSIONER MC LAUGHLIN moved the Board of License Commissionersadjourn (and the members reconvene as Council). Seconded by COMMISSIONERWINTHROP and VOTED UNANIMOUSLY.Kathleen M. SilviaCity ClerkIiDATE:F:" i,'i \ I,,.'. .!: ,i/II: '.. :City of Newport, Rhode Island Ii I ':'APPLICATION FOR A SPECIAL EVENT Ul,lkMS' 2..(".'1'1.,Q .. l '1(} ') ''':',' "" -..../0 /C/J) e r ". / ... ,.,.gr' ;,1 EVENT TITLE/TYPE:LOCATION OF EVENT:I C/-JIUStNlIJs, j,J IJl((wPoR..i I,=========================,V,{JRIG'uj ;"ocfJ.T'JfJ...JS .Date(s) ofEvent:Hours of Event:Holder of Event & DBA: I_C_I_iP._'_S_1_1_\1_J'l_S__/_,v_N_e_W_fO_o_R_T_I_>V_C_,_, 1Is Organization Non-Profit?Is there a charge for admission?c:Signature OfHorld_e_r_o_fE_v_e_nrt:.=1 '1 .1)0)1' () ,. L1l.JTN I Printed Name: ,,..rv Title:. v /. , ,Address of Holder of Event: I , I fl,., I) 6'').-967-List Names of VendorsDo you have State Police Approval? 1 _Item to be FurnishedFor RetailSales - Have yon completed a "Promoter's Application For Pel'mit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)FIREWORKSDo you or the pyrotechnic have Newport Fire Marshal approval?Location from where fireworks will be shot:Time fireworks will begin: 1 -' Duration: 1 _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)[ijA] On Sidewalk(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:DotlCET OA1 Nev 9,2-6\ IDATE:,. . fie'" 26 'APPLICATI"'J; L1CE1l i>S /6/2-C;,/11 ....EVENT TITLE!fYPE:Date(s) ofEvent:LOCATION OF EVENT: I "or' TUOk f\(f). fY II I I Business Telephone: 12 Residence Telephone: _Is Organization Non-Profit? Ii(/i.,'S Is Organization Religious? I V(35.Is there a charge for admission? I jlJv I IPRrVI\T5 IPtAoPER:'NIs event to be on City, State, or Private Property? '-----------------Name of Property Owner of Event Site: I sr, AlJG-V 12') If so, is"Health Dept. Inspection Approval attached? .,'EVENT HOLDER tJN I V13 jH f.H... pMM I.> 8-APPLICATION FOR A SPECIAL EVENT LICENSE(Page 3)1./1/1MIf yes, will you be applying for a Class F or F-1 Liquor License?lfnot, will another's license be used?Ifso, whose? 1__--:./'--: --1Will LIQUOR be served?Will there be gambling, e.g., bingo, raffle, etc.?@ J Do you have State Police Approval? I '" /1+List Names of Vendors Item to be FurnishedFor 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)FIREWORKSDo you or the pyrotechnic have Newport Fire Marshal approval?ILocation from where fireworks will be shot:Time fireworks will begin: 1 /_"__ Duration:NOTE: Ifflrework,s are to begin or end after 10:00 p.m., a sound variance must be obtained.Iffireworks 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)"[;iE] On Sidewalk(s) ~Has notification been made to residents along the route? _/ __Have temporary signs been posted? r (Signs must be removed by the following day.)SPECIFIC ROUTE: _---:./ _f)-AJIJ()YlDATE:EVENT TITLE/TYPE:LOCATION OF EVENT:Date(s) of Event:Hours of Event:c! r; c,',Holder of Event & DBA: lJ.w,-,=',-pc...];c.' --'I&'../-' ='- Signature of Holder of Event: Printed Name: L.9:':Li1'k;' __ Address of Hlj'ldtir of Event:..LIle rlh1-e Cu.< I' OfA&'fI',J','W 1!J..10) 'JU( .d'1t>g I (II Ll,i". '")8'1-Ll/''''''Business Telephone: J I ' , -, Residence ..... ,,-V-J.-/--,-,-,--,,,J-L7J.._"::vv-=--....!Is Organization Non-Profit? I ,Y#O I Is Organization Religious? l:)2""O---'Is there a charge for admission? I)J0 I I I '1\.ff\t STf.. Is event to be on City, State, or Private Property? 04 --JName of Property Owner of Event Site: I /5e:Juol p-----------------'l12&l.r-------------------Signature of Property Owner: 1'- _Printed Name of Property owner:1 Will Event be Indoors or Outdoors?(Include Plan)EVENT HOLDER - = - ~ __c : = c = _ ~ = = .APPLICATION FOR A SPECIAL EVENT LICENSE(Page 2)If Outdoors, will toilet facilities be provided? 1 vip' ~If so, location of toilet facilities:(Include on plan)COpy OF TENT PERt'\1IT MUST BE ATTACHED.,I NOWill a tent be erected?(Include on plan)I Amplification? 1l". 1Expected Attendance: I /f1l0 r Seating Capacity: 1'-- _Is parking available: 1 yi:> For how many vehicles?CONCERT 1 tJ)h I Is staging or platform required? 1 fJOList types of musical instruments:1 ----DANCE l NO I DEEJAY I+N,-O_-J Amplification: 11.-- ---'SPORTING EVENT I V-+'v'b;,t---JSet-up Dates (Sporting events only):If yes, what type:Will there be animals? 1__---'PLAY I-,-,JJ,-=-O----,CARNIVAL IL..."JJ.....,o,--_ CIRCUS1 ------1 }JbIf yes, types of animals:Type: 1 ,---- _ SHOW OR EXHIBITION: IJJOOTHER (describe) 1,- _Are required approvals attached, e.g., State, Recreation Dept.?Is a street closing being requested?Will food be prepared on the premises?If so, is"Health Dept. Inspection Approval attached?1,---EVENT HOLDER --::-::::=:::--c--::c=-=-c-::-===-=-=-=:::-=:APPLICATION FOR A SPECIAL EVENT LICENSE(Page 3)I UQ>I yO.. 1 JJOIf yes, will you be applying for a Class F or F-1 Liquor License?Ifnot, will another's license be used?Ifso, whose? 1 ,--__Will LIQUOR be served?Will there be gambling, e.g., bingo, raffle, etc.? Lj\J.... I.L')_List Names of VendorsDo you have State Police Approval? I__--.JItem to be Furnished _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 ]V ()Do you or the pyrotechnic have Newport Fire Marshal approval?ILocation from where fireworks will be shot:Time fireworks will begin: I__ _ Duration: --JNOTE: 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, WALKATHON, ETC. On On Sidewalk(s) C:=JHas notification been made to residents along the route? Have temporary signs been posted? (Signs must be by the following day.)SPECIFIC ROUTE: :'5/1-M 0CI..A1'X Cf9 jkJJt V "'Christmas Run For10k Run- . Womens' OncologyW&l HOSPItal, Programill = Race CourseIntegrative Care Program" \)\) __

.. 1J '"/>i .N:1'1 II .3.3 Mile WalkEVENT TITLE/TYPE:LOCATION OF EVENT:Date(s) of Event:Hours of Event:Printed Name of Property owner:1Business Telephone:Holder of Event & DBA:Will Event be Indoors or Outdoors? I /II D I(Include Plan)Is Organization Non-Profit? Is Organization Religious?Is there a charge for admission? [flc). I I . I. Is event to be on City, State, or Private Property? --._/V __Q-;.,,- ---'Name of Property Owner of Event Site: ISignature of Property Owner: I I I 1+c{lg f(}vt:- I-Signature of Holder of Event: --e0 . _ liz' IPrinted Name: I- n 5cMt> (( --tC( fV\j;X.A..; Title: I(Seedo IAddress ofHolder ofEvent: I 1-Cl- aiva//( 5 wFIV-'--4--""-I---kriginal idea of Doris Duke, following a method long used in collegecampuses. The sitting pits (faux foundations) that Lin proposes will10preclude other normal uses of the park. As for sitting, the Lin designproposes stone benches without backs. But even with backs, as now:ccepted by the NRF, stone benches in New England curtail their use inspring and fall due to the cold. The sitting pits (faux foundations) will alsopose maintenance problems, and require an unnecessarily complexmaintenance routine. The Lin design for Bicentennial Park in Athens Ohio,is a larger version of what she proposes for Newport, and is ample evidencethat this design concept is misconstrued. It does not work. It is of dubiousmerit for a normal urban park, but especially so for one this small size (1.2acres), where open space is quite limited.3Tourist AttractionThe idea that a design by Lin will increase tourism is highly questionable. Itmay at first, because of the designer's name, but the design if implementedis so banal that its allure will very soon vanish. It will be seen at best as acuriosity, and for most tourists whose normal visit time is limited, it will provea disappointment, and will soon be ignored. It could at worst become aneasy target for derision. There are many far more interesting things to visit.n Newport than this misleading design proposal. Newport's status as aworld-class historic site, an entire town no less, is what does and willcontinue to attract visitors. Historic imitation or trivial designs only threatenthat.4EstheticsQueen Anne Square is a green urban respite, a simple small town park, anda foreground setting for Trinity Church, a classic work of 18th century NewEngland architecture and a principal Newport landmark. Lin's design wouldadd nothing to this composition. It would, rather, be an upstagingdistraction. Queen Anne Square is a simple passive green space in anactive part of town. It is entirely sufficient as a composition of grass, trees,paths, benches, seasonal flowers and, possibly, a modest fountain.5PrecedentThe Newport City Council is wrongly concerned that rejecting the Lindesign, a gift from the Doris Duke Monument Foundation and others, would11set a bad precedent that might threaten to preclude such gifts in the future.It is my understanding that the individual donors are great benefactors of\Iewport for many years and are resident and consistently supportworthwhile causes in the community, as have their families for generations.However, the project itself could give Newport a bad name. But of moreconcern to the Council should be the precedent that would be establishedby receiving a gift of this kind, however well intended. There has been nocommunity involvement in the initial formulation or development of thedesign. Instead the community has been put in the position of commentingon a flawed fait accompli. This is bad precedent for both the community andthe design. And the design - assuming for a moment that it was a good one- is now being subjected to diminishing compromises. That would be theexpected condition for any future such project. It would be a harmful andunnecessary condition. To go about things this way establishes anatmosphere of mistrust and ill will. And it jeopardizes the quality of anyfuture civic design.PaulO Spreiregen FAIA IProfessional ResumePaul Spreiregen is an architect, city planner, author and lecturer. A graduate of MIT, he was a Fulbright Scholar in Italyand practiced in Italy, Sweden and throughout the USA. Long based in Washington, DC., Mr. Spreiregen served as anofficer in the US Army Corps of Engineers.He has authored, co-a.uthored, edited, and contributed to 12 books on architecture and town planning. He has taughtand lectured widely throughout the US and abroad. His lecture subjects range from the planning of the United Statessince its colonial settlement to the urban development of Paris in the past half century. He was the Emons DistinguishedProfessor of Architecture at Ball State University. He has also taught as visiting professor at the Harvard Graduate Schoolof Design (Landscape Architecture), Yale University School of Architecture (Planning), the University of Pennsylvania(Landscape Architecture), Catholic University of America (Planning) as well as for the University of Tennessee summerprogram in France (Architecture). In 1964 he served on a federal commission advising on the post-earthquakereconstruction of southern Alaska cities.For 12 years Mr. Spreiregen wrote and narrated a weekly commentary for PBS on design, "Places for People". He hasbeen a constant traveler, and regards travel as a principal learning opportunity.His architectural work includes a 400-car parking garage in the heart of historic Annapolis MD (designed so as not to bevisible from surrounding streets), a State Office Building in Akron Ohio, several water treatment plants in theWashington metro area for the Washington Suburban Sanitary Commission and the US Corps of Engineers, and theMaryland Vietnam Veterans Memorial. His planning work includes the original plan for the Boston Government Center,a plan for the Golden Gateway in San Francisco, a plan for reVitaliZing downtown Washington DC, an urban design plan12for Alexandria VA, a landscape materials distribution center for the Weyerhaeuser Co. and a plan for the historicnorthern Virginia town of Warrenton.e has prepared a development plan for the Corcoran Gallery of Art and Art School, a similar plan for the Atlanta Collegeof Art, a Visitors Center for Mount Vernon, and a plan for the expansion of the principal clinical research building on thecampus of the National Institutes of Health.His clients have included ATT/Bell Laboratories, the International Telecommunications Satellite Corporation, the WorldBank, the National Institutes of Health, the National Park Service, the US Army Corps of Engineers, the WashingtonSuburban Sanitary Commission and a number of municipalities.His public service career assignments include having been the first Director of Urban Design Programs at the AmericanInstitute of Architects. While there he introduced the idea of "charette" community-participation planning programs.He was the first Director of Architectural and Planning Programs at the National Endowment for the Arts. At the NEA, heintroduced the idea of NEA involvement in design competitions. He subsequently did a study of competitions for federalbuildings, contributing to the General Serices Administration's design competitions system.He authored a seminal book on competitions "Design Competitions", a much used reference. He also chaired theCompetitions Committee of the AlA, which produced the "AlA Handbook on Competitions", a standard reference.He has served as the competition professional adviser for a number of major design competitions, of which the bestknown is the Vietnam Veterans Memorial in Washington, DC. An expert on design competitions, and theiradministration, he proposed and ran the one that selected Maya Lin's design for the Vietnam Veterans Memorial. Heselected the jury of advisors that selected Ms Lin's design. He served as professional adviser for several other memorialcompetitions, including the May SMemorial for Kent State University, the Vietnam Veterans Memorial for Maryland,and the National Peace Garden. He was the professional adviser for several invited competitions, two of which werelternational. These include the INTELSAT Headquarters and the $lbillion World Bank Headquarters, both inWashington DC, and the ATT/Bell Laboratories Solid States Technologies Laboratories in Allentown PA, The GovernmentPlaza in Mobile AL, a highly complex project, was done as a one-stage open competition and was built on schedule andunder budget.He has been in independent practice since 1970, which has enabled him to pursue a wide range of professionalinterests. In that form of practice he has often been a member of a specially constituted team, a method he fayors sincethe team is organized on the basis of appropriate and complementary skills.He has been honored by The American Society of Landscape Architects, the American Planning Association, theAmerican Society of Interior Designers of which he is an Honorary Fellow, and the American Institute of Architects ofwhich he is a Fellow.Respectfully Submitted by,Laurence S Cutlerlaurence S. Culler AlA RIBA, Chairman/CEO and Co-FounderNationall\Jluseum of American IllustrationVernon Court492 Bellevue AvenueNewport Rhode Island 02840 USAT: 401.851.8949 x.10 or x.30F: 401.851.8974E: Icutler@americanillusfration.orgWebsite: www.amerlcanillusirailon.orgyoulube: www.youtube.com/thenmai of American Illustration (NMAI) Is a nonprofit independent, educational, and aesthetic organization.It IS located In Newport, RI on Bellevue Avenue at Vernon Court (1898), a Beaux-Arts adaptation of an early 18th century French chateau.It is the first national museum devoted exclusively to American Illustration art.illustration consists of original artwork created to be reproduced In books, magazines, newspapers and advertisements. 'Golden Age' paintings by such lumlnan"es as Rock.well, JC Leyendecker, Maxfield Parrish, NC Wyeth, and more than 150 others are displayed In 'Glided Age' architecture, creating a unique union of arl andarchitecture- It is COllsldered a national treasure.The Museum Is administered by the American CiVilization Foundatlon, a nonprofit IRS approved 501 c3 organization with the goal to present the besl possible venue for of illustration arl; the most AmeriCan of American art.\; II Wi I: !_':; \1\ \\1 OCT 2 7 2011STATE OF RHODE ISLAND L 'lCOASTAL RESOURCES MANAGEMENT COUN IL -'---"CIIY or ; I - If yes, explain: Is any other business to be carried on in Licensed Premises? I i I- If yes, explain: IIs any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? Irc I- Ifyes, explain: Do any of the applicants have any interest, direct or indirect, as principle or associate, or in any manner whatsoever, in any retaillicense issued under Ch.. 3-7 ofR.LG.L., 1956, as amended? - If yes, explain: I I )'Lj c. /1