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CITY OF NEWPORTDOCKET OF THE COUNCIL

The following items of business, filed with the City Clerk under the Rules of theCouncil, will come before the Council at its regular meeting to be held onSeptember 14,2011, at 6:30 p.m.PLEDGE OFALLEGIANCE 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 of the 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 ENTIRETY

UNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTEDSUBJECT TO COMPLIANCE WITH ORDINANCES #3 I-80 AND #98-40.)a. Minutes ofthe August 24,2011, Council Meetings (Approve)b. Special Event Licenses:

1) Island Moving Company, d/b/a "Open for Dancing" Dance Festival;September 24 and 25, 2011, Queen Anne Square, Fort Adams, 304Bellevue Ave., and Long WharfMall (Schedule times andlocations attached to application)

It is the practice of the 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 of Newportwebsite: 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 Newport Public Library within 48 hours of the meeting.LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BEAVAILABLE 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 INTERPRETEROR OTHER ACCOMMODATIONS MUSTNOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.

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DOCKET OF THE COUNCILSeptember 14,2011Page 22) Newport Festa Italiana, d/b/a Newport Festa Italiana - ItalianFestival in Touro Park (l0/81l1 from 10 a.m. to 4:00 p.m.); Opera,EdwardKing House Senior Center (l0/9/11, from 6:30 p.m. to 9:00

p.m.); Annual Columbus Day Parade (1011 0/2011, stepping off at12 Noon from in front ofSt. Joseph's Church) Communication from J. Clement Cicilline, Chairman, requestingpermission to place two banners in Touro Park beginning twoweeks before the Festival (Approve subject to details beingworked out with the city administration)

3) Fort Adams Trust, d/b/a Fort Adams Antiques Festival and PreviewParty; Fort Adams State Park, September 30 (Preview Party) from6:00 p.m. to 8:00 p.m.; October 1,2011, Antiques Festival, from8:00 a.m. to 5:00 p.m.

4) Fort Adams Trust, d/b/a Fortress ofNightmares/Haunted House;Fort Adams State Park, October 21, 22, 23, 28, 29 and 30,2011,from 6:00 p.m. to 9:00 p.m.5) Belcourt Castle, Harle H. Tinney, d/b/a The Halloween Party;Belcourt Castle, 657 Bellevue Ave., October 29,2011, from 8:00

p.m. to Midnight.6) Sisters ofSt. Joseph ofCluny School, d/b/a 50th Annual ClunyCountry Fair; Cluny School, 75 Brenton Rd., September 25,2011,from 10:00 a.m. to 4:00 p.m.

c. Food Concession License, Sisters of St. Joseph ofCluny School, 50thAnnual Cluny Country Fair, Sept. 25, 2011, from 10:00 a.m. to 4:00 p.m.d. Communication from Nicole Smith, Festival Director, asking permissionto change the approved dates ofAugust 27 and 28, 2011, ofthe NewportArts Festival Special Event License at the Newport Yachting Center toSeptember 24 and 25,2011. (Approve)e. Holiday Selling License, Renewal, the Humidor, LLC, d/b/a The HumidorSmoke Shop, 182 Thames St.f. Pedicab Operator License:

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DOCKET OF THE COUNCILSeptember 14,2011Page 3 1) Joshua Egidi, 125 Jones St., Middletown, RI2) Nicholas George Iannacone, 106 Touro St., Newport, RI3) Kevin Kosinski, 414 Mitchell Lane, Middletown, RI4) Timothy O'Brien, 20 Renfrew Ave., Middletown, RIg. Private Detective License, New, Michael T. Farley, d/b/a FarleyAssociates, 174 Bellevue Ave.h. Communication from Elizabeth Leddy, 7 Boughton Rd., askingpermission to close Boughton Road, from Broadway to Mumford Ave., onSeptember 17,2011, from 3:00 p.m. to 8:00 p.m. for the AnnualNeighborhood Block Party. (Approve subject to details being worked outwith the city administration.)I. Resignation ofPeter Clark from the Waterfront Commission (Receivewith regret)J. Claim of Julianna Parker (Receive and refer to City Solicitor)

COMMUNICATIONS & PETITIONS2. Communication from John Hirschboeck, Secretary, Arts & Cultural Alliance,asking that the $500 fee for use of the Easton's Beach Rotunda be waived for

their fundraiser on September 29,2011.3. APPOINTMENTS TO BOARDS AND COMMISSION

Tree and Open Space Commission - Reappointment ofRobert CurrierRESOLUTIONS4. Requesting the RI General Assembly to repeal as soon as possible the Tax onTour Operators - S. Waluk5. Thanking Richard Newman, Electrical Inspector, for assistance he providedresidents during Tropical Storm Irene - K. LeonardORDINANCES6. Amending Chapter 17.08.010 (Zoning) ofthe Codified Ordinances to provide adefinition of "Convalescent Homes and Rest Homes." (Second Reading)

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DOCKET OF THE COUNCILSeptember 14, 2011Page 47. Amending Chapter 17.100.040 (Zoning) ofthe Codified Ordinances to addParagraph E pertaining to expansion of convalescent homes and rest homes thatexisted prior to July 1, 1971. (Second Reading)8. Amending Chapter 3.20 ofthe Codified Ordinances, entitled, "Promotions,Transfers and Demotions" to eliminate Paragraph I of Section 3.20.010,"Promotions." (First Reading)COMMUNICATIONS FROM THE CITYMANAGER9. Communication #4885/11, re: National Grid Petition for Pole Location at 365Thames Street (Continued from August 24,2011) Communication from the City Manager, re: Armory Transformer10. Communication #4903/11, re: Lease Agreement with Newport HistoricalSociety for Brick Market Museum (with accompanying resolution)11. Communication #4904/11, re: Bid Award for Rain Barrels (with accompanyingresolution)12. Communication #4905/11, re: Phase 2 Engineering Services to Contract #110009 - Gardner to Paradise Raw Water Main Rehab Project (with accompanying

resolution)13. Communication #4903/11, re: Group Purchasing -- Master Pricing Agreement(with accompanying resolution)ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSECOMMISSIONERS

BOARD OF LICENSE COMMISSIONERS Application for a Class F Daily Liquor License, Seamen's Church Institute,October 15 and 16, 2011, from 11 :00 a.m. to 7:00 p.m. on Bowen's Wharf (inconjunction with The Landing Seafood Festival).

ADJOURN Kathleen M. SilviaCity ClerkSeptember 7, 2011

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CITY OF NEWPORTMINUTES OF THE COUNCIL MEETINGHELD AUGUST 24, 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 August 24, 2011.(Item #7 was heard first.)1. PUBLIC HEARING: Proposed Amendments to the Zoning Ordinance: Section 17.08.010(Definition of "Convalescent Homes and Rest Homes") and Section 17.1 00.040(E)(Expansion of convalescent homes and rest homes that existed prior to April 13, 1977).

a. Recommendation of the Planning Boardb. Ordinance amending Sections 17.08 and 17.100 of the Codified Ordinances (FirstReading)MAYORWALUK opened the public hearing and said the ordinances before the Council at this timereflect the changes that were approved by the Planning Board on August 15,2011:

17.08.010. DefinitionsADD: '''Convalescent Homes and Rest Homes.' Housing consisting of state-licensed nursing homes, state-licensed assisted living facilities andother similar facilities providing housing and services primarily to the elderly. Such facilities shall contain common use areas, which Illay includecommon dining and recreation areas. Expansion of such facilities which existed prior to April U, 1917 July 1. 1971, is pennitted by right on thesame property or adjacent parcels under common ownershln at the time of passage of this ordinance."17.100.040. Hospitals - Convalescent and Rest Homes.ADD: "E. Any expansion of convalescent homes and rest homes which existed prior to ,A..f1rillJ, 19'77 July 1. 1971, cannot exceed either theheight of any existing structures or the maximum allowed in the 'i'!8ning distFiet forty-five (45') feet, whichever is grea-teF-lesser, and shall bepennitted amaximum of 50% lot coverage, provided. however. such facility shall not contain more than sixty (60) skilled nursing beds andforty (40) assisted living units and accessory uses."

ROBERT SILVA, ESQ., representing St. Clare Home, said the request for the zoning changes is toallow St. Clare to increase the number of nursing beds to 60 and provide 40 assisted living units. Hesaid demolition of two buildings on Dennison Street was approved by the Planning Board in 2010;and on August 15,2011, the Planning Board approved the ordinance amendments before the Counciland found them to be in compliance with the City's Comprehensive Plan.MAYOR WALUK moved to receive the Planning Board decisions submitted by Attorney Silvia.Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.ATTORNEY SILVA called upon PAUL HOGAN, Real Estate Consultant, to testify. MR. HOGANsubmitted a copy of his resume to the Council.COUNCILORMe LAUGHLIN moved the document be received. Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.In response to questions from Attorney Silva, MR. HOGAN said the proposed changes were incompliance with the Comprehensive Plan, and in particular the Housing Element, which states

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MINUTES OF THE COUNCIL MEETINGHELD AUGUST 24, 20I IPage 2housing should be provided to all citizens; differently-abled population, and the elderly. He saidGoal 1-e encourages efforts to develop housing for all populations, including the disabled and elderly,that is accessible, in locations close to services and public transportation. He noted that the currentand future Land Use Maps recognize the existence of St. Clare's-the need for institutional living,both presently and going forward. He said that by the year 2025, the City ofNewport will have 7,000senior citizens, double that in the 2000 census, and the biggest issues facing Newport are affordablehousing and accommodations for the aging community. He also noted that there currently are noassisted-living units in Newport, while there are 254 nursing home beds.ATTORNEY SILVA pointed out that the proposed amendments provide that only State-approvednursing home facilities that existed prior to July 1, 1971, would be allowed to expand and, therefore,no other nursing home in Newport would be affected by the ordinances.CHRISTOPHER BOYLE, Chair of the St. Clare Advisory Board, addressed the Council. He said St.Clare is a non-for-profit entity and exists to provide compassionate elderly and sick care. He spokeon the history of the nursing home, dating back to 1910, and said the current home has 47 beds thatare located on two levels. He said a determination was made that in order for St. Clare to survivechanges had to be made that would include assisted living units and adult daycare. He said an appealwas filed when the expansion was denied by the Zoning Board; however, because of the condition ofthe physical plant, St. Clare would have to close because of the expected lengthy court process. Healso pointed out that both State Law and the City Zoning Ordinance allow the applicant to comebefore the Council to ask for approval of the proposed amendments.MARY BETH DANO, Administrator of St. Clare, said under the plan skilled nursing beds would beincreased from 47 to 60; there would 12 to 16 resident units with living rooms, dining rooms andkitchens in the center which will have primary care staffserving the residents, and all would be on thefirst floor for easy access to the garden areas; the smallest buildingwould be devoted to Alzheimer'sand dementia patients; and other households would be for long-term care. She said there would be 40assisted-living apartments, ofwhich 30% would be rated as affordable; and 25 slots would beavailable for adult daycare. She also noted that St. Clare currently provides 25 to 30 off-streetparking spaces; however, the first shift alone consists of 35 people, which results in some parking onthe street. She said under the proposal 100 on-site parking spaces would be provided.COUNCILOR LEONARD expressed concem regarding the language in "Definitions";"Housing consisting of nursing homes, assisted living facilities and other similar facilities providinghousing and servicesprimarily to the elderly." She asked what "other similar facilities" wouldinclude. ATTORNEY SILVA responded that there were no other facilities in mind and those wordscould be struck. COUNCILOR LEONARD cited the word "primarily" and asked if that was toinclude handicapped persons. ATTORNEY SILVA responded that it was. COUNCILORLEONARD then cited language in the proposed amendment to Section 17.100.040, "provided,however, such facility shall not contain more than sixty (60) skilled nursing beds and forty (40)assisted living units and accessory uses." She asked if "accessory uses" would be adult daycare;ATTORNEY SILVA responded it was.ATTORNEY SILVA then submitted a copy ofa rendering of the expanded St. Clare Home.

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MINUTES OF THE COUNCIL MEETINGHELD AUGUST 24,201 IPage 3MAYOR WALUK moved the rendering be received. Seconded by COUNCILOR NEVILLE andVOTED UNANIMOUSLY.FRANCIS SPANELLA, Project Manager for St. Clare, was next questioned by ATTORNEY SILVA.He said the current height of the convent, which would remain, is 58' and the lot coverage is 26%; theproposal is for the new building to have a height of 42' and lot coverage of48.6%. He said therewould be a new structure on Dennison Street, as well as a garage entrance; a house on Brewer Streetwould be in front of the structure on the north side; and a new structure would be built at the currentsite ofGarretson Memorial on the corner of Spring and Brewer Streets.PETER EUDENBACH, Gibbs Avenue, spoke in favor of the proposal, and said of utmost importanceis the purpose of the facility, which is to serve the residents.MARY PATRICIA CAINE, 421 Bellevue Ave., submitted petitions with 358 signatures ofthose insupport of the proposal.COUNCILORMC LAUGHLIN moved the petitions be received. Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.ROBERT LOBECKER, owner of2 Sylvan Ave., and whose daughter owns a house at 27 Brewer St,that abuts the St. Clare property, read his letter in opposition to approval of the ordinanceamendments. He said he supported the Ann-Howard Neighborhood Preservation Association, whichincludes 53 owners of the 59 abutting properties who are opposed to the size of the expansion. Hesaid it would be egregious to go against the Zoning Board's denial of the petition for expansion, andasked the Council to modify the expansion.COUNCILORMC LAUGHLIN moved Mr. Lobecker's letter be received. Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.PEGGY KIERNAN, 30 McCormick Road, said St. Clare's is a good neighbor and friend and hasbeen a good health care provided since 1910.ROBERT HEALEY, 47 Catherine Street, retired President ofNewport Hospital, noted that NewportHospital has made it clear that they support the proposal. He pointed out that the St. Clare plan waspresented to and defended before the RI Department ofHealth and the Health Services Council, andafter a very severe test, the Council issued a declaration that the expansion is plan reasonable, needed,and cost effective.BARBARA ANN FENTON of Dennison Street, an abutter to St. Clare, comment on lot coverage andheight restriction regulations, and noted that the houses in the area of St. Clare's have extremely smallbackyards and exceed lot coverage. She also pointed out that a nearby Inn is three or four stories tall.She said that as a physical therapist working in Providence, she and all the other physical therapistsare very much aware of the need for assisted living in Newport because patients want to be in theirhome cities.JOHN HARRRINGTON, former Newport resident, said the Council had a unique opportunity to dosomething for the residents and asked that they vote with their hearts and support the proposal.

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MINUTES OF THE COUNCIL MEETINGHELD AUGUST 24,201 IPage 4

JIM NEIGHBERG ofLeading Age Rhode Island, which represents non-profit nursing homes andlong-term providers, said the project would be an innovative leap forward in the area of care for ourelderly population as it would promote dignity, independence, and keep the older population part ofthe fabric of the community.BARBARAMC GANN, noting that her mother had been a patient at St. Clare's and, having spentmany hours at St. Clare, said no other facility can hold a candle to the spirit of community and lovethat is evident there.PAUL GAINES, 227 Eustis Ave., said that while he appreciated the difficult decision that must bemade by the Council, Newport is not just a place but a community, and the Council has theresponsibility to do what is best for the community. He said approval of the ordinance amendments isthe right thing to do as it would be honoring and respecting the past, appreciating and applauding thepresent, and protecting and preserving the future of St. Clare Home.BARBARA SIMMONS, owner of30 Ann St., expressed opposition to the proposed expansion,saying that, while the plan is nice, it was not good for the present location. She asked that the Councilnot render the Zoning Board and zoning laws ineffective by approving the proposal, as it also wouldbe opening Pandora's Box..DEBRA WHITE said she has lived in Newport for 33 years, is a new employee at St. Clare's, andsupports the plan for expansion.COUNCILOR MC LAUGHLIN moved the hearing be closed, the recommendation of the PlanningBoard be received, and the ordinance amendments adopted on first reading. Seconded byCOUNCILORNAPOLITANO.MAYOR WALUK spoke in support of the proposal, which he said would revitalize the structure andgive seniors in Newport a place in which to live and convalesce. He said he fully supports the plan,noting that St. Clare has been a good neighbor and a part of the community since 1910.Comments by COUNCILOR WINTHROP who noted that the Comprehensive Land Use Plan is thegoverning document of the City and that the Planning Board had advised that the project is incompliance with the plan. He said he would vote in favor of the proposed plan for Newport andNewport residents.Comments by COUNCILOR DUCAN who said he strongly objected to the ordinance amendments asthey fly in the face ofthe Zoning Board's denial of the project.Comments by COUNCILORNAPOLITANO wherein she cited the need for assisted-living facilitiesin Newport. She said she supported the project as it is owed to the senior citizens, and could alsoimprove parking in that neighborhood.Comments by COUNCILOR LEONARD, who said this had been the most difficult item she hasconsidered in her years on the Council. She said she would support the ordinance amendmentsbecause of the need for people to be in a safe environment.

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MINUTES OF THE COUNCIL MEETINGHELD AUGUST 24, 201 IPage 5COUNCILOR LEONARD moved the ordinance amending Section 17.08.010, Definitions, beamended to remove the words, "and other similar facilities." Seconded by COUNCILORNEVILLE.VOTE: In favor - MAYOR WALUK; COUNCILORS LEONARD, MC LAUGHLIN, NEVILLE,NAPOLITANO and WINTHROP.

Opposed - COUNCILOR DUNCANComments by COUNCILOR NEVILLE wherein she said she agreed with Councilors Duncan andLeonard that it is difficult to be put in the position of over-ruling the Zoning Board; however shebelieved the expansion is needed and will be a benefit to Newport.Comments by COUNCILORMC LAUGHLIN who stated that it is the Council's responsibility to setprecedent. He said this hearing has been part of due process, and he trusts this and future Councilswill make right decisions. He said he believed the project before the Council was a great plan.VOTE ON THE MOTION TO ADOPT THE ORDINANCES, AS AMENDED, ON FIRSTREADING:

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

(8:21 p.m. Five-minute break while people left the Chambers)COUNCILORMC LAUGHLINmoved the Consent Calendar be amended to add Items I andm.Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.2. CONSENT CALENDAR. (THE CONSENTCALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL

REMOVES AN ITEM FORDISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #3180 AND #98-40.)a. Minutes of the July 27 and August 10,2011, Council Meetings (Approve)b. Special Event Licenses:1) The Museum ofNewport Irish History, d/b/a Andy Cooney Irish Music; JanePickens Theater, 49 Touro St., August 26,2011 from 5:00 p.m. to 7:00 p.m.2) REMOVED: Bill Hare, d/b/a Beach 5 Sand Soccer; Easton's Beach.3) Looking Upwards, Inc., d/b/a Newport Arts Festival; Newport YachtingCenter, August 27, 2011, from 10:00 a.m. to 6:30 p.m., and August 28,2011,

from 10:00 a.m. to 5:00 p.m.4) Sail Newport, Inc., d/b/a "Sail for Pride"; Newport Shipyard, 1 Washington St.September 11,2011, from 4:00 p.m. to 10:00 p.m.5) Paul A. Hafner, Jr., d/b/a Late Summer Wiffleball Classic; Morton Park,September 11,2011 from 8:00 a.m. to 6:00 p.m.6) The Leukemia & Lymphoma Society, d/b/a "Light the Night" Walk;September 24, 2011, from 7:00 p.m. to 9:30 p.m. (beginning and ending atWakehurst, Salve Regina University; route included with application)

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MINUTES OF THE COUNCIL MEETINGHELD AUGUST 24,2011Page 67) Patrick Kilroy, d/b/a The Landing Seafood Fest; 30 Bowen's Wharf, October15 & 16,2011 from 11:00 a.m. to 7:00 p.m.8) Visiting Nurse Service ofNewport & Bristol Counties, d/b/a ChocolateBrunch/Fundraiser; Rotunda at Easton's Beach, November 6, 2011 from 12:00p.m. to 3:00 p.m.

c. Holiday Selling Licenses, New:1) Francesca Erice, d/b/a Newport Girl, 7 Christie's Landing2) Shivam, Inc., d/b/a JD's, 125 Swinburne Row3) Whitman Designs, LLC, d/b/a Whitman Designs, 8 Marlborough St.d. Pedicab Operator Licenses:1) Samuel Babikian, 53 Shore Drive, Middletown, Rl2) Tyson Bottenus, 9 Upper College Rd., Kingston, Rl3) Benjamin Kiracofe, 216 Gibbs Ave., Newport, RI4) A. Ben Leadbetter, 27 Sycamore St., Providence, RI5) Paul Mata, 120 Tweed St., Cranston, RI6) Joel Senger, 64 Callendar Ave., Newport, RI

7) Paul L. Steidinger, 39 CranstonAve., Unit 3, Newport, RIe. Tattooing License, Renewal, Fred SmithAmerican Tattoo, 10 Collins St.f. Private Detective License, Renewal, William J. Gearon, Jr., d/b/a DeBeersInvestigations, 99 Narragansett Ave. Unit C-4g. Communication from Marty Grimes, 111 Champlin Place No., requesting permissionto close Champlin PI. No., from Ellery Road to 107 Champlin PI. No., on September 4,2011, from 2:00 p.m. to 8:00 p.m. for a neighborhood block party. (Approve subjectto details being worked out with the city administration)h. Communication from Brett Allen, MS Walker ofRI, asking permission to change thedate of the Oyster Festival at Fort Adams State Park to Sunday, October 9,2011(previously approved for Oct. 8th) (Approve)i. REMOVED: Communication from CRMC, re: Notice ofContinuation of applicationor State Assent of City ofNewport CRMC File Number 2010-05-070J. Communication from United States Coast Guard, re: Received from the MA Depart.

ofTransportation a Bridge Permit Amendment for approval to place submarine cableat and for extension oftime to complete the Brightman Street Bridge across TauntonRiver, mile 2.1 between Fall River and Somerset, Massachusetts (Receive)k. Claims: (Receive and refer to City Solicitor)1) Bonnie Dugan2) Anthony J. Cassese, by attorney3) Tina Cassese4) Edward F. Kearney, by attorney

5) Nathan Mosher, by attorney6) Ellen O'Brien1. Communication from Robert T. Lehane, Jr., President, Ancient Order ofHibernians,re: requesting permission a procession (led by the Pipe & Drum Band) on September17,2011, at 4:40 p.m., from 2 Wellington Ave. down Thames Street to St. Augustin'SChurch on Harrison Ave., celebrating the 135 th Anniversary of the Newport Division.(Approve subject to details being worked out with City Administration)m. Communication from Deacon EdnaWells, Community Baptist Church, askingpermission to block off a section ofMarcus F. Wheatland Blvd. and Burnside Ave. (upto Bosworth Court) on Saturday, August 27,2011, from 12 Noon to 5:00 p.m. for the

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MINUTES OF THE COUNCIL MEETINGHELD AUGUST 24,201 IPage 7Sixth Annual Neighborhood Cookout & Barbecue. (Approve subject to details beingworked out with City Administration)

MAYOR WALUK moved the Consent Calendar, with the exception of items b-2 and i, be adopted.Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.b-2 Bill Hare, d/b/a Beach 5 Sand Soccer; Easton's Beach, August 27 & 28 th 2011 from 8:00am to 6:00 p.m.

MAYORWALUK moved the application be withdrawn at the request of the applicant. Seconded byCOUNCILORWINTHROP and VOTED UNANIMOUSLY.J. Communication from CRMC, re: Notice ofContinuation of application for State Assent

ofCity ofNewport CRMC File Number 2010-05-070, Extension to existing Anne StreetPier, (application continued from August 23,2011)COUNCILOR LEONARD recused herself.MAYORWALUK moved the communication be received. Seconded by COUNCILORMCLAUGHLIN and VOTED UNANIMOUSLY (6-0).LICENSES & PERMITS3. Application for a Sound Variance, Cdr. Ian Bray, 719 Bellevue Ave., on August 27, 2011,from 5:00 p.m. to midnight (Hearing)MAYOR WALUK moved the application be withdrawn at the request of the applicant. Seconded byCOUNCILORMC LAUGHLIN and VOTED UNANIMOUSLY.4. Application for a Second-hand License, Maryelizabeth Vereskis, d/b/a Memory Lane, 80Thames St.MAYORWALUK moved the license be approved. Seconded by COUNCILOR NEVILLE andVOTED UNANIMOUSLY.5. Application for a Holiday Selling License, Maryelizabeth Vereskis, d/b/a! Memory Lane, 80Thames St.MAYORWALUK moved the license be approved. Seconded by COUNCILORNAPOLITANO andVOTED UNANIMOUSLY.COMMUNICATIONS & PETITIONS6. Communication from Robin Gardner, 97 Third St., re: requesting permission to address thecouncil on traffic issues at the intersection ofVan Zandt Ave. and Third St.ROBIN GARDNER of97 Third Street addressed the issue of vehicles ignoring the stop signs andsaid that while there lately has been better police presence she didn't know if those not stopping were

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MINUTES OF THE COUNCIL MEETINGHELD AUGUST 24,2011PageS

being ticketed. She said the neighbors would like more support in dealing with this issue, andsubmitted a copy of an e-mail from Mollie Hunter.MAYORWALUKmoved the communications be received. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.COUNCILORWINTHROP commended Ms. Gardner for her work on the issue, and noted that thesubject intersection is not the only problem area in the City. He said he would like a comprehensivereport from the city administration with a plan to address the issue of vehicles not stopping for stopsigns throughout the City.RESOLUTIONS7. Honoring the Recipients of the Doris Duke Preservation Awards - City CouncilCOUNCILORNEVILLE read the resolution and she and MAYORWALUK presented certifiedcopies to the award recipients. MRS. JOHN WINSLOW thanked the Council and the NewportRestoration Foundation on behalfofher husband, who was unable to attend because of poor health.She said the award means a great deal to him because of his love ofNewport.ORDINANCES8. Amending Section 3.16.060 of the Codified Ordinances, entitled, "Pay Schedule for ...FireDivision."MAYORWALUK moved the ordinance be adopted on second reading. Seconded by COUNCILORWINTHROP.VOTE: In favor - COUNCILORS DUNCAN, LEONARD, MC LAUGHLIN, NEVILLE,NAPOLITANO and WINTHROP.

Opposed - MAYOR WALUK9. Amending Section 10.08.180, entitled, "Speed Restrictions"; to reduce speed limit on ThamesSt., between Poplar and Marlborough Sts., to 20 miles per hour.MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.COMMUNICATIONS FROM THE CITY MANAGER10. Communication #4885/11, re: National Grid Petition for Pole Location at 365 Thames Street(Continued from August 10, 2011)MAYORWALUKmoved the communication be continued to the September 14,2011, councilmeeting. Seconded by COUNCILOR NAPOLITANO.

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MINUTES OF THE COUNCIL MEETINGHELD AUGUST 24, 2011Page 9COUNCILOR LEONARD said she would like to see a communication from the State HistoricPreservation Commission stating that a transformer cannot be placed in front of the Armory building.MAYORWALUK agreed, saying he would like to know within 48 hours which staff member wasgiven that information, when it was given, and where it is in writing. COUNCILORNEVILLE notedthat the Public Services Director had recommended a meeting be held with the State HistoricPreservation Officer and said that meeting should be held prior to this item coming back to theCouncil.The motion to continue was VOTED UNANIMOUSLY.11. Communication #4892/11, re: Newport Substance Abuse Prevention Task Force (NSAPTF)Contract for Services: NSAPTF Coordinator-Contract Period August 8, 2011-June 30, 2012COUNCILORMC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.12. Communication #4893/11, re: US Department ofDefense, Office ofEconomic Adjustment(OEA) GrantCOUNCILORMC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR WINTHROP.COUNCILORLEONARD asked if acceptance of the Grant would result in future obligations to theCity. CITYMANAGER EDWARD LAVALLEE said it would not.The motion to approve was VOTED UNANIMOUSLY.13. Communication #4894/11, re: City ofNewport & Aquidneck Island Reuse PlanningAuthority AgreementCOUNCILORMC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.14. Communication #4895/11, re: Contract Change Order for Design-Build ofFire Suppression(Sprinkler) System for Transient Boater Facility (Beach Level ofthe Harbor Center)COUNCILORLEONARD recused herself.COUNCILORMC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILORNAPOLITANO.COUNCILORNEVILLE asked if the expense of the change order was covered through the grantaward. CITYMANAGER LAVALLEE responded that it was.The motion to approve was VOTED UNANIMOUSLY (6-0).

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MINUTES OF THE COUNCIL MEETINGHELD AUGUST 24,2011Page 1015. Communication #4896/11, re: Perrotti Park Long WharfTransient Dock RIDEM GrantAgreementCOUNCILORMC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILORWINTHROP.COUNCILOR LEONARD said she had asked in the past about the grants and said it now appears theCity is subsidizing a tour facility. She said she would like information on this at the next councilmeeting.The motion to approve was VOTED UNANMOUSLY.16. Communication #4897/11, re: Award ofBid #12-008, Enterprise Funds-King Park MobileFood Concession (with accompanying resolution)COUNCILORMC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILORNEVILLE.COUNCILOR LEONARD, noting that the last vendor in King Park paid the City $1,200 to operate,moved to amend the resolution to approve the contract for one year only so that vendors who providemore than hotdogs could be solicited. NO SECONDVOTE ONTHE MOTION TO APPROVE:

In favor - MAYOR WALUK, COUNCILORS DUNCAN, MC LAUGHLIN, NEVILLE,NAPOLITANO and WINTHROP.Opposed - COUNCILOR LEONARD

17. Communication #4898/11, re: Award ofBid #12-002-King Park Beach Seawall RepairsCOUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILORWINTHROP.COUNCILORNAPOLITANO questioned the expense included for police details. CITYMANAGER LAVALLEE responded that there would be limited times when traffic will beintermittently stopped while heavy equipment is moved in and out of the seawall construction site.The motion to approve was VOTED UNANIMOUSLY.18. Communication #4899/11, re: Award of Bid #12-01 I-Guardrail ImprovementsCOUNCILORMC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.19. Communication #4900/11, re: Contract #1 0-027-Catch Basin Separation Area 6 ProjectModification

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MINUTES OF THE COUNCIL MEETINGHELD AUGUST 24, 201 IPage 11COUNCILORMC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.20. Communication #4901/1 1, re: Award ofBid #12-007 Water Division-Trench and SidewalkRestorationCOUNCILORMC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.21. Communication #4902/11, re: Phase 2 Engineering Services to Contract #11-046 BeachPump Station ImprovementsCOUNCILORMC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILORWINTHROP and VOTED UNANIMOUSLY.8:46 P.M. COUNCILOR MC LAUGHLIN moved the Council recess and the members convene asthe Board ofLicense Commissioners. Seconded by COUNCILORNAPOLITANO and VOTEDUNANIMOUSLY.

8:47 P.M. COUNCILOR MC LAUGHLIN moved the Council reconvene and move to ExecutiveSession in the Conference Room, pursuant to RI General Laws, Section 42-46-1, asamended, and in accordance with Section 42-46-5, "Purposes for Which Meeting May beClosed," Paragraphs (a) (1) Personnel Matters (a)(2) Collective Bargaining, to discuss thepending vacancy of the position of city manager and AFSCME C-94, Local 911Negotiations.9: 12 P.M. COUNCILORMC LAUGHLIN moved the Council reconvene in open session, theMinutes of the Executive Session be sealed, and the Council adjourn. Seconded byCOUNCILORNAPOLITANO and VOTED UNANIMOUSLY.

BOARD OF LICENSE COMMISSIONERS

Application for a Class F-1 Daily Liquor License, Sail Newport, Inc., d/b/a "Sail for Pride"Fundraiser, Newport Shipyard, September 11, 201 I, from 4:00 p.m. to 10:00 p.m.MAYORWALUKmoved the license be approved. Seconded by COUNCILORNAPOLITANOand VOTED UNANIMOUSLY.9:47 P.M. ADJOURNED as Board ofLicense Commissioners and RECONVENED as Council.

Kathleen M. SilviaCity Clerk

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City ofNewport, Rhode IslandAPPLICATION FOR A SPECIAL EVENT LICEN

CITY Jt Nf>'w)nr'- - .f.'2"_G_'X_I'i

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Open for DancingWeds September 21

Application for Special Events License

103-dark (6/6:30)

Thurs September 22

3-dark (6/6:30)Friday September 23

3-dark (6/6:30)7

Saturday, September 249

noon234

6:30

Master class at the studio with Marta Renzirehearsals at Norman Bird Sanctuary, Fort Adams, 304 Bellevue

rehearsals at Norman Bird Sanctuary, Fort Adams, 304 Bellevue

rehearsals at Norman Bird Sanctuary, Fort Adams, 304 BellevueArtists' panel - Newport Academy of BalletTai Chi in Queen Anne SquarePhantom Limb, by Philadelphia's Green Chair Oance Group, takes of f fromPerformances at Fort Adams and 304 Bellevue Ave, Queen Anne Sq,Performances at Fort Adams, Norman Bird Sanctuary and 304 Bellevue Ave,Performances at Fort Adams, Norman Bird Sanctuary and 304 Bellevue Ave,Sunset Ballroom on Long Wharf Mall

Sunday, September 2S, 9noon

2345

Tal Chi in Queen Anne SquarePhantom Limb, by Philadelphia's Green Chair Dance Group, takes of f fromPerformances at Norman Bird Sanctuary and 304 Bellevue Ave, Queen Anne Sq,Performances at Fort Adams, Norman Bird Sanctuary and 304 Bellevue Ave,Performances at Fort Adams, Norman Bird Sanctuary and 304 Bellevue Ave,Performance at Fort Adams

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2/05p.L4 U 1 ~ 4 1 U I ~ U4018462'302 ISLAND MOVING CD. PAGE 0

City efNewport,Rhode IslandAI'l'LlCATlON FOR A SPECIALEVENT UCE1"SE

6/11

/TYPB: r -fo... l)Mc:."1F EVENT' I tor+- At:IlI.t'YlSISII1" SCf .Dot 2 . 1 ~ ...' t9MI: S L ( ~ < ~ : ; . . fl5 A.",,,,,,, AMt: I Su. IlbGV'!. I.t&.OB/\.: fISW1b. H ~ ( ) l l 6 ,. II

......

alder of Event:I CJ A . ~ ~ \ A . U \ / . ) 1, c"- "'"\ iu.,.f\ I Title: ICe"'I''''' '1. t'l4.nAWHldel of Event: r -3 ChJ.....Ir+- Ihone: I -Bi.l1-4'47v I Residence Telephone:I lNon-Profit? I I I. Organization Religio\LS7 I I&for admjS(lion7 I n I ) I I ~ ( 1City, State, or Private Property?

rty Owner ofEvent Site: f, --;::';..

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85p - 4 U l ~ 4 1 U ( ! ! U

A

s

7:37 4818452982 ISLAND MOVING CO. PAGE 83/

r : : v . N T 1 ! Q I . D ' R ~ J / ) , o A v - I O O ~ u.. (! f1,v--/- /JrtI,M(lSAPPL[CATION FOR A SPECIAL. NT LICENSE(Page 2)Tf OutdoQrs,wiilloilet facilitividc: I s ' n ~ I Scating Capaci!)': I!.'I\ IAm.i 1l:el IIs parkingavsilable: Lges I For howmsny v e h i c l e ~ ? [4c>O ICONCERT I f lo I Is staging or platform required? [ I AmplificatioD? rLise types ofm\l,jcal instruments:I IDANCE I no ] DEEJAY I no I Amplification: I ISPORTINGEVENT I YlD I Type: ISet-up D a t e ~ (Sporting e v e n L ~ only): I ILAY I ~ C I If yes, what type: r I

CARNIVAL Ino I CIRCUS I 1'/0 I Will there be a u i m a l ~ 7 I IIf yes, types o!animals: , IHOWOR EXUmITlON: I 11(> I Type; l ITIlER ( d ' ; ~ c r i 1 > e ) I J>.t.l1tL Pu.fr,,-m4Jf' - Ire required approvals attached, ~ . g _ , State, Recreation D ~ t . ? I Isa ,trcet closing being "''1uested? I no I

ill food be prepared on the premises? L-,-- r."If so, is Health Dept. Ins.peclion Approval att.,chcd? I I

o

wI

t-\Uf:j 10 I I I I :.)lfa rO i l Aoams I rust_ !,8/89/2811 1

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El4/0Sp.40184107904818462962

rOIt Aaams Irust17:37 ISLAND MOVING CO. PAGE,

' V ' N T ~ O I ' D . , , ~ ! t M : l ~ ~ . a ~ AAAKnSAPPLICATION FOR A SPECTAL E LICENSE(Page 3)Will UQUOR be served? I I'IQ I

lfyes, will you be applYing fur a CIa." For F-l Liquor L i c e n s ~ ? I IIfnot, will ~ o t b " , , ' , lieeuse be used? 1 IIf so. whose? I II

Will. there be gambling, e,g., bingo, raffle, etc.? I no I Do yOIl bave StawPoliceApproval'! I ILi'tNames ofVep.dor [.lern to he Furnished

For Retail Salos - Hav. you C:lll:npleted a "Prumoter's AppUelltion For .Permlt to Opernte a SbDW orEvent" with RI Dlvi,;"n of T.. .ation? (Contact No.: Z2Z-2957)FIREWORKS (10Do you or the pyrotechnic nave Newport FireMarshalapprova17 I no ILo anOn ftom where :fitework13 will be shot: I ITime fireworkSwill begin: I I Duration: I INOTE: I f fireworks are to begin or c:nd after 10;00 p.m., a sound variaGe.must he obtained.

I f fireworks arc: for longer Iban 15 minutes, .rrRngemoots must be made for poll""detail officers at splm,or's expense.ROAD RACE, WALK-A-THON.ETC,110 On RondW1lY(s) 0 On Sidewalk(S) 0Ibs notiilcation been made to resident. along the route?__Have temporary slg"8 been po.led? _ ( S i g n ! muSI be removed by the following day.)SPECIF1C ROUTE:

68/89/2811

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City ofNewport, Rhode IslandAPPLICAnON FOR A SPECIAL EVENT LICENSE

DATE: 8"115111EVENT TITLE/TYPE:

LOCATION OF EVENT:

Date(s) ofEvent:

Hours ofEvent:

Holder of Event & DBA: I JS J t t r l ~ Hovftljf-U,_" _Signature ofHolder ofEvent:

c - - - - - ~ = = = = t t = : : = = = = = = : ; _ - - - ; = = = = = ~Printed Name: l - = . . . . . . ; . . : . . : . - ' f - ! - I - - - ; : a = u = r = t 1 = S = = = = = = = = ~ - - = - T . : . : i t l : . : . e : . . . . : - - = = = = i = = = = ~Address ofHolder ofEvent: ~ y l t ' S G+" FL 2- . new p 0 r+Business Telephone: I If01 - elf?- Y41D Residence Telephone: 1 _Is Organization Non-Profit? I I Is Organization Religious? I-.:...n:.-o _Is there a charge for admission? 1 C\D I I

. . 7 1 " , \ ' " 1 % . - \ - ~Is event to be on City, State, or PrIvate Property? L.:...:....:..:..::::..:..-= _~ - : . - _ - - - - - - - - - - - - - - -Name ofProperty Owner of Event Site: LI~ _ b O I l _ \ _ t l . _ ' - ' _ ~ _~ _ t ' \ ' \ _Ir16J-.! __. . JSignature ofProperty Owner: I IL - . . J : : ( J . . . : : ~ ~ ' t L S ~ l " - _ S . = _ = e e ~ . . . ! . I _ " ' a l : ! _ -t-e.r-'-='-- _Printed Name of Property Owner:I 'J:), .b r:-' Y A' '::i) U .L-;:f'-(.=)n=a-={=t(==r=1=e=I1t=':::!.':!=:'= 1 I I = t e . = f - C = = ( / l = I L = N = I = i 7 . = ~ = / ~ = { = = =Will Event be Indoors or Outdoors? I 6 v + - ~ o o ( " . s(Include Plan) ~ - = - - = - - - - - - - - - - - - - - - - - - - - -

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EVENT HOLDER ISftli1d NoY) ff1: La.APPLICATION FOR A SPECIAL E NT LICENSE(Page 2)

IfOutdoors, will toilet facilities be p r o ~ V . : : i d : : . : e : : d ~ ? ~ 1 = n = { ) = = = ~ -If so, location of toilet facilities:(Include on plan) ,~ es - /1'1 It:f./.err

Will a tent be erected?(Include on plan) J1() COPY OF TENT PERMIT MUST BE ATTACHED.

Expected Attendance:Is parking available:

Seating Capacity: I ttI1Ut11-( k:LFor how many vehicles?

CONCERT I no Is staging or platform required? Amplification?List types ofmusical instruments:1 _

DANCE lJi"b DEEJAY I IlO Amplification: I - - - JSPORTING EVENT I ntJ Type: ISet-up Dates (Sporting events only):

lno I f yes, what type:CARNIVAL 1f'",OL-- _ - = C : : : : I : : : : R : : : : C : : : : U : : : : S ~ - = f 1 = ( ) = = ~ _ W _ i _ l l _ t h _ e _ r e _ b e _ a _ n _ i m _ a _ l _ S ? ~ I = n = t > = ~ _Ifyes, types of animals:

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

OTHER (describe) I---------;::::=============Is a street closing being requested? /10Will food be prepared on the premises?If so, is Health Dept. Inspection Approval attached?

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EVENTHOLDER===--:-::===-=======APPLICATION FORA SPECIAL EVENT LICENSE(Page 3)Will LIQUOR be served?

If yes, will you be applying for a Class F or F-1 Liquor License?If not, will another's license be used?If so, whose?

no

Will there be gambling, e.g., bingo, raffle, etc.?ListNames of Vendors

Do you have State Police Approval? 1 _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 AJDDo you or the pyrotechnic have Newport Fire Marshal approval?- - - ~ - = = = = = ~ - - -Location from where fireworks will be shot:Time fireworks will begin: IL _ Duration: 1 _NOTE: I f fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.

I f fireworks are for longer than 15 minutes, arrangements must be made for policedetail officers at sponsor's e x p ~ n ~ e . II

ROAD RACE. WALK-A-THON, ETC. On Roadway(s) L-J On Sidewalk(s) 0Has notification been made to residents along the route? _Have temporary signs been posted? (Signs must be removed by the following day.)SPECIFIC ROUTE:

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August 31, 2011Klwin RillflJdiYoungE s t a ~ c ManagerBellevue House304 Bellevue A v ~ m l CNewporl, RI 02840

Dear Island Moving Company,This is a IcUer of !lllthpJ'izatioll granting the Islund Moving Compan)' uSflge ofBcllevlle House for Open ForDancing performances on September 24th find 25th, 2011. The Island Moving Compally shall assume r e s p o n ~sibllity for any dwnagcs to the property incurred during said events. Please hnvc a Gl1J"rent copy oflinbililyinsurance sent to lq'iJl.aldI304@YOJlOO&QI!1, P ~ l b l i c parking for (1)011 For Dflncing is f l Y a i 1 f l b l ~ on BerkeleyAvenue. Attendees will be \ ' l x p \ ~ c l e d to ontoI' Ilnd cxit thrOllgh the green gate on Berkeley Avcnue, A restroomis available on flu; properly located within the 2 story teahouse. Attendees will not be permitted to (om thegrounds oflhe properly other than the performance nrCfI, AttendcQs should be forewarned that Bellevue I-lollsehas bee hives in case of allergies.We look forward to the event llllct arc sure il will be II- Sllccess.Sincerely yours,

Kevin R i l l a l d i ~ Y o u l 1 g

BELLEVUE HOUSE 304 BELLEVUE AVE NEWPORT RI

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City ofNewport, Rhode IslandAPPLICATION FOR A SPECIAL EVENT LICENSE

D August 20, 2011ATE: _

,iUl SEP-I1\" l r f l B ~ .

Cii'.JiCiT",' C ~ L ' : '._uc_._._.

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EVENT HOLDERAPPLICATION FOR A SPECIAL EVENT LICENSE(Page 2)

Yes --.JfOutdoors, will toilet facilities be provided? 1If so, location of toBet facilities: 11o /8/11 Toui o Park , southwest . side(Include on plan) '-.-----'--=--'-----------------Will a tent be erected?(Include on plan)

yes COPY OF TENT PERJ'\1IT MUST BE ATTACHED.

For howmany vehicles?Seating Capacity: 1 '=-20"'-0"'- _xpected Attendance:

Is parking available:10/8

CONCERT 110/9

~ 0 7 9 : 175Ion s t ree t

Is staging or platform required? I...JNJ.jo"--_-J Amplification? I YeList types ofmusical instruments:I Keyboard; vocal i s t sDANCE I nol DEEJAY no Amplification: 1 _SPORTING EVENT I

----- 'Type: 1

Set-up Dates (Sporting events only):

PLAY If yes, what type:CARNIVAL CIRCUS Will there be animals? 1 _If yes, types of animals:

Type: ,.HOW OR EXHIBITION:= - = = ~ ~ - - = : = = = = = = = = = = = = =OTHER (describe) 1_.Are required approvals attached, e.g., State, Recreation Dept.? _--'p'-e_n_d_i_n...,g=--Is a street closing being requested? IYes, 10/10 for paradeWill food be prepared on the premises? he s , 10/8 a t MarketplaceIf so, is"Health Dept. Inspection Approval attached? Ipend ing!

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Will LIQUOR be served?

EVENT HOLDER------,-,-- -=-c - = APPLICATION FOR A SPECIAL EVENTLICENSE(Page 3)IIO/9-compl wine

If yes, will you be applying for a Class F 01' F-I Liquor License?Ifnot, will another's license be used?If so, whose?

1_-

Will there be gambling, e.g., bingo, raffle, etc .?taff leList Names ofVendors

Do you have State Police Approval? benItem to be Furnished

For RetailSales - Have you completed I i "Promoter's' Application For Permit to Operate a ShowEvent" 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:

I

Time fireworks will begin:! _ Duration: 1 _NOTE: Iffireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.

I f fireworks are for longer than 15minutes, arrangements mnst be made for policedetail 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 ronte? _Have temporary signs been posted? (Signs must be removed by the following day.)SPECIFIC ROUTE:

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N E W P O R T

August 30, 2011

The Honorable Mayor andMembers of the Counci lCity Hal l43 BroadwayNewport, RI 02840Dear Mayor Waluk and Members of the Counci l :The Newport Festa I t a l i ana Committee r e spec t fu l l y reques t spermiss ion to p lace two banners in Touro Park adver t i s ing theannual I t a l i an Marketplace which wi l l be held in the park onSaturday, October 8, 2011. I f approved, th e banners wi l l bei n s t a l l e d in the lawn under th e D ire ctio n o f Sco t t Wheelerapproximate ly two weeks before th e Marketplace.We a l so ask permiss ion to hold th e annual Columbus Day Parade onMonday, October 10, 2011, and we i nv i t e the Counci l to march withus in c ele bra tio n o f the d isc ov ery o f our country .The parade wi l l s tep o ff from in f ron t o f S t . Joseph ' s Church a t12 Noon and proceed down Broadway and Washington Square to ThamesSt ree t . I t wi l l cros s onto America 's Cup Avenue and proceed upth e eastbound lanes o f Memorial Boulevard West to the Chris topherColumbus Statue where a b r i e f ceremony wi l l be he ld .Thank you very much fo r your cons ide ra t ion o f these reques t s . Welook forward to favorable responses - and to your jo in ing us inth e parade, as wel l as a t th e v ario us e ve nts to be he ld dur ingth e ce lebra t ion o f Newport ' s I t a l i a n he r i t age .Sincere ly ,THE NEWPORT FESTA ITALIANA COMMITTEE

o d n / ~ I r -~ ' ~ l e m e n t Cic i l l i neChairman

P.O. BOX 3663NEWPORTRHODE ISLANDo 2 840

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DATE: 115' AIlG IIof 2.0 \IEVENT TITLE/TYPE:

LOCATION OF EVENT:

Date(s) ofEvent:

Hours ofEvent:

Holder ofEvent & DBA:

Signature ofHolder ofEvent:

Printed Name: l A 1 I / ~ l f k. ~ R E . c q U e Title: ID/REC(l>r( 6f S r l : : c .Address ofHolder ofEvent: IItJltf 4 0 A ~ 'fRUSr ! I1lltr A D f . l . N \ ~ STll:'ffi PAl

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EVENT HOLDER . .eO 1 ~ fleD A.N\~ = = = - - ~ = = = = = = = = = = = = = = = = = = =OTHER (describe) IL-Are required approvals attached, e.g., State, Recreation Dept.? [j iJ'- '- 'I\ '--------Is a street closing being requested? I NOWill food be prepared on the premises? [jE-SIf so, is Health Dept. Inspection Approval attached?

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EVENTHOLDERJ1)I21" AQAAt& I we II 'iE:;s I

Will there be gambling, e.g., bingo, raffle, etc.? IList Names ofVendorsWILL. ~ $IJ\?)Mrifro f(1.{Oll.. To

PILK.!f\(,... VP LtG:JJ SE

Do you have State PoliceApproval? 1__ - -Item to be Furnished

For Retail Sales - Have you completed a "Promoter'sApplication For Permit to Operate a Show orEvent" with RI Division ofTaxation? (Contact No.: 222-2957) WII-L 6f: . s U ~ 1 " \ ruE:OFIREWORKSDo you or the pyrotechnic have Newport FireMarshal approval?

Location from where fireworks will be shot:Time fireworks will begin: I .....-J Duration: 1 _NOTE: I f fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.

I f 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) CJHas notification been made to residents along the route?__Have temporary signs been posted? (Signs must be removed by the following day.)SPECIFIC ROUTE:

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PARADE FIELDHISTORIC FORT ADAMS

NEWPORT, RHODE ISLAND

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A ' f l q u ~ lJ'E;.tJDOU?/\%\) (-; f\f;.LD

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. CQdU-%City o f N e ~ W r ; b dAPPLICATION FORA SPECIAL EVENTLICENSE O ~ SEP 1 2011

Hours ofEvent:

Date(s) ofEvent:

EVENT TITLE/TYPE: I L '" /r o ~ \ ~ s cR ~ " ' \ C : r t - - I , { " H A U 5 ( HAvN't'EO HO\)SELOCATION OF EVENT: I \ - h ? \ t l ~ K . k"" A...VI'0

I \ ' c . ~ SALE5 ' ' i 'M -Cf?M/e:Vet-.l '\ & l 9 5 ~ Y I (Holder ofEvent & DBA: I ' f o ~ ' ( ' Ar)/!>c.\M S '"\~ $ I ' \Signature ofHolder ofEvent:I ~ ~ 7 .PrintedName: l i O ~ ~ J. f ' I \ C C c ~ ~ ~ \ : : ' . I Title: 1 ~ . O y U t S l i c l ~ ~ ' Address ofHolderofEvent: 1''10 fl.':>,...... "!> ~ \ , j E >

. '. . A..W.MS ~ . e s - r e 1 ? A ' ? ~ . N e , . . J ~ f l , . " , ~ OZgCfoBusiness Telephone: ""lOU ' l c t -S802. I Residence Telephone: 1 _Is OrganizationNon-Profit? I '165 Is Organization Religious? I .N 0Is there a charge for admission? 1 YGS I I ' S - t ~ " ' l : Is event to be on City, State, or P r i v a t ~ Property? L__ ~ ~ = -Name ofProperty Owner ofEvent Site: I ~ p , . - r e (JY \ 'V..n. ?I'

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EVENTHOLDER ~ : AVA.'MS TT?\)'2'CAPPLICATION FORA SPECIAL EVENTLICENSE(page 3)Will LIQUOR be served?

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

Il..--_Ifnot, will another's license be used?Ifso, whose? 1

Will there be gambling, e.g., bingo, raffle, etc.? [ NO l Do youhave State Police Approval? 1_ListNames ofVendors

MA-Heg c e \ 4 ~ ! S5J:I61ge GPtr}E:fl.."(. OTH82.S "T$'Q

Item to be Furnished

For Retail Sales - Have you completed a "Promoter'sApplication For Permit to Operate a ShowEvent" with RI Division ofTaxation? (ContactNo.: 222-2957)FIREWORKSDo you or the pyrotechnic have Newport Fire M ~ a r = - s h : : : a 1 = - a p ~ p = r . : . o - v a 1 ~ ? - - " = = = = = = = = - - - - Location from where fireworks will be shot: 1Time fireworks will begin: 'J _ .Duration: 1

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

BVENTHOLDER A"i::.>A::>",,~ O ; ; : + ~ = =

Ye So Forhow many vehicles? I 't 0 0CONCERT I NO Is staging or platform required? I - I Amplification? I-List types ofmusical instruments:1 _

DANCE j NO DEEJAY 1 No Amplification: 1_--'- _SPORTING EVENT I NO Type: I~ - - = = = = = = = = = = = = = = = = et-upDates (Sporting evt;nts only): 1'-PLAY I NoCARNIVAL I NO If yes, what type:,CIRCUS 'I f'lo Will there be animals? IIfyes, types ofanimals: I-;:==:::;---;================SHOW OR EXHIBITION: INO Type:

OTHER (describe) ItfAUI'JT69 HOIJ$e wril-f G o \ ~ G \ ? G+t0$"\ HUNT; '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 HealthDept. Inspection Approval attached?

___ --'NANO

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Map ofHistoric Fort Adams:Fortress ofNightmares:Oct 21-23 & 28-30

= Areas used during Event

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7 , 20 ' J

EVENT TITLE/TVPE:

LOCATION OF EVENT: I l 3 H C O ( ) ~ T CjtS,LE. 1051 13 ElLSVV All::Date(s) ofEvent: DC-TOBc R ;;I.q I ?-OllHours ofEvent:

Holder ofEvent & DBA: I13E1COV/,

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EVENT HOLDER - : : - : - : : - : : - c c : - - : - - - - - : : - ~ - = c : = c = _ = = c _ : : = =APPLICATION FORA SPECIAL EVENT LICENSE(Page 3)

Will LIQUOR be served?Ifyes, will you be applying for a Class F or F-I Liquor License?Ifnot, will another's license be used?Ifso, whose? I T BP CJrTf:;RER.-

IVEoINO

Will there be gambling, e.g., bingo, rame, etc.? IJV0 I Do you have State Police Approval? I .AJ0 IList Names ofVendors Item to be Furnished

For Retail Sales- Have you completed a "Promoter'sApplication For Permit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)FIREWORKSDo you or the pyrotechnic haveNewport Fire Marshal approval? AI tJLocation from where fireworks will be shot:Time fireworks will begin: LAV'& Duration: A4/JtNOTE: I f fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.

I f fireworks are for longer than 15 minutes, arrangements must be made for policedetail officers at sponsor 's expense.ROAD RACE, WALK-A-mON, ETC. On Roadway(s) On Sidewalk(s) [AZ]Has notification been made to residents along the route? .ilL!-Have temporary signs been posted? (Signs must be removed by the following day.)SPECIFIC ROUTE: .....?+-0.f-'/f'-- _

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EVENT HOLDER f>EI.COCJRf CASTlEAPPLICATION FORA SPECIAL EVENTLICENSE(page 4)

Applicant's Name: 1::1ARLtl fNN EXEventAddress: (gag BEl-L-E..\(lJ: A\J I;::/YV 10.

Event: -tHE Ii AILQWnGA\ PARlY

DateslHours: "GSO 13r;R

SUBJECT TO COMPLIANCEWITH ORD. #31-80 AND 98-40LICENSE FEE:Non-profit (50 l-c-3)

Religious Organization

$10.00 per event$15.00 per day$10.00 per event$25.00 per day

For any event under any type of license that includes vendors, in addition to either the fee identified aboveor an annual license fee, whichever is applicable, there shall be a daily charge of $10.00 per vendor. Thereshall be an additional Sunday and holiday license fee of$5.00 per vendor for those vendors who do nothave an annual City ofNewport Sunday SellingLicense. (For those vendors having a valid City ofNewport Sunday Selling License, there shall be no additional fee.)

FOROFFICEUSE ONLYNumber ofDays ofEvent:FilinglInspection Fee: $15.00

"i r:: -icense Fee: Amount Paid --..:c:A""""'./"--__Vendor Fee: Amount Paid _License Issued by: _ACTIONOF COUNCIL:

Date Paid: ~ ( . L - - L ! i 1 ; ~ ~Date Paid: --""'-LJ..."- 'lo..=,;..LDate Paid: _Date Issued: _DATE: _

CONDITIONS OF SPECIAL EVENT LICENSE: _

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City ofNewport, Rhode IslandAPPLICATION FORA SPECIALEVENT LICENSE L ~ J i , ~ 7 - / f5;-S \A\l\) '\'\1

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EVENTHOLDER.::-:-:==-::-=:::::c=:-::-:==-==-::-:==-==APPLICATION FORA SPECIAL EVENT LICENSE(Page 2)

IfOutdoors, will toilet facilities be provided? 1 ')&5= = ~ ~ = = ' - - - - - - - - -If so, location of toilet facilities:(Include on plan)

For how many vehicles?

Will a tent be erected?(Include on plan)Expected Attendance:Is parking available:

!tx.JtJCOPY OF TENT PERMITMUST BE ATTACHED.

Seating Capacity: 1 - - ~ r 0 = " = ~ = = =1__-

CONCERT I h(tJe- 1 Is staging or platform required? I i'l/C:--List types ofmusical instruments:

Amplification? 1 ,1/A - I

DANCE I hfpv-: 1 DEEJAY Amplification: 1 _

SPORTING EVENT I ""1/;;:::] - - - - . : T y p ~ e _ : ~ ===============Set-up Dates (Sporting events only): IPLAY I J ( l ~ I Ifyes, what type:CARNIVAL 1 ""ItV'I CIRCUS 1 t " ' 1 ~ 1 Will there be animals? I

Type: IIfyes, types of animals: I - -SHOW OR EXIllBITION: I i ~ / " , - / 1~ ~ = - - - - - - ~ = = = = = = = = = = = = = = ~THER (describe) I-------------------------

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?

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EVENTHOLDER== : : : - c - - : : == -= - -====== -=APPLICATION FORA SPECIAL EVENT LICENSE(Page 3)

Will LIQUOR be served?Ifyes, will you be applying for a Class F or F- l Liquor License?Ifnot, will another's license be used?If so, whose? 1 _

Will there be gambling, e.g., bingo, raffle, etc.? I ~ t ' ; , I Do you have State PoliceApproval? 1 ,/List Names ofVendors Item to be Furnished

For Retail Sales - Have you completed a "Promoter's Applicatiou 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 M = a = r = s h = a = l = a = p p = r ~ o ~ v = a = I ? _ ~ I = I 1 = 0 = : & ! : . . / = , = = === --Location from where fireworks will be shot:Time fireworks will begin: 1 -- Duration: 1 --'NOTE: I f fireworks are to begin or end after 10:00 p.m., a sound variance mnst be obtained.

I f 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)

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

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TO THE HONORABLE COUNCIL OF THE CITY OFNEWPORT:Application is made for the following license: FOOD CONCESSIONDate: Sl.\I i ' . Ps .2 'S", :J.c\\ Hours: \ Ot:( k. - \..\ {?.AiL o c a t i o n : C - \ 4 ~ ' \ ' " Sc","C

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Silvia. KathyFrom:Sent:To:Cc:Subject:

Hi, Nicole,

Silvia, KathyThursday, August 25, 2011 4:37 PM'Nichole Smith'Connerton, Pete; Silva, GaryRE: Special Event License - change of dates

The new dates wil i have to be approved by the Council. I 'm sure there wil l be no problem - but i t will go on the Sept.14th docket..K.!!..l.h.y-' _ ._ _ _ _ __ _ __From: Nichole Smith [mailto:nsmith@lookingupwards.org]Sent: Thursday, August 25, 2011 3:49 PMTo: Silvia, KathySubject: Special Event License - change of dates

Hi Kathy,We have a special events license that has been granted for the Newport Arts Festival this weekend (a fundraisefor Looking Upwards, Inc), but we have had to postpone the event due to the projected weather.We have new dates for the event of September 24th & 25th. The times of operation would be the same. Couldwe get a new license issued with the new dates?Thank you,Nichole

Nichole SmithFestival DirectorNewport Arts FestivalEvents & Fundraising CoordinatorLooking Upwards, Inc.(401) 847-0960 x 56nsmith@lookingupwards.orgwww.newportmisfestival.com - Join us August 27 & 28th at the Newport Yachting Center!http://www.facebook.com/NewportAtisFestivalwww.lookingupwards.orghttp://www.facebook.com/LookingUpwards

t

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6 0 Jv-rD

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' O p ~q(('-f If,CITY OF NEWPORt, RHODE ISLAND

APPLICATION FOR PRIVATE DETECTIVE LICENSE(to be filed in duplicate)

.() - - r - -\ 1Ill!" 3 l' /!'1. l : i , _\,1.

NAME:

d/b/a

ADDRESS):(residence)Home Phone: I40 l g

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August 19, 2011

Dear Newport City Council Members,

I would l ike to apply for a permit to close Boughton Road, between Broadway and Mumford, for ourannual block party on Saturday, September 17'h from 3pm to 8pm. We wil l be grilling in the drivewaysand the kids will be scootering/biking in the street.Thanks for your consideration.

Sincerely,s C t ~ ~ ; ; . -Elizabeth Leddy7 Boughton RdNewport, RI 02840401-619-4607

AUG 19 2011

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Silvia, KathyFrom:Sent:To:SUbject:

Hank Kniskern [hkniskern@cox.net]Tuesday, September 06, 2011 3:00 PMSilvia, Kathy; Sciola, RaphePeter Clark - Resignation WFC

Begin forwarded message:

From: Hank Kniskern Date: September 3, 2011 9:41 :36 PM EDTTo: Peter Clark Subject: Thanks for your note - WFCOn Sep 2, 2011, at 9:42 AM, Peter Clark wrote:

Hank,My apologies to you and the Commission. I've been rarely in town this summerdue to work related travel in which I presently find myself. This is unfortunateand will likely persist into the winter. This being said I feel that I can not fullycommit to meeting attendance. I think it would be best to relinquishmy positionat this time.Best,Peter

Sent from my iPhone

Peter,Given your job demands and professional responsibilities, I think your decision is the most practical foreveryone. However, your participation and expertise will be greatly missed. Ifyour travel schedule lessens, Ihope you would consider re-applying to the Waterfront Commission in the future.I think I can speak for everyone on the WFC ... we are sad see you leave and you will be missed. Hopefully,can caii and ask for your experience and advice from time to time as issues arise.If I or the WFC can assist you going forward, please don't hesitate to contact us.Best Regards,Hank Kniskern

1

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lYur.J>JI.AUG 22 2011

Mr. Lavallee and Sergeant Barker,I am sending along this letter as formal notification ofmy grievances regarding towing procedure ofpersonal vehicles in the city of Newport, Rhode Island.On the morning ofAugust 16,2011 at approximately 8 ammy vehiclewas towed from 25 Thames Street,directly in front ofmy current residence.I do understand, of course, that parking enforcement canbe very difficult during the busy Summer seasonand that maintenance of our local streets and roadways is most essential. That being said, I feel as thoughthe way in which my vehicle was towed was unjust, without proper notice and in no way warranted anexpense of over $130.00 to myself, as an observant and law abiding young resident ofNewport, RhodeIsland.Please review the following reasons by which I have arrived at this conclusion:I) Signs/Cones were originally placed along upperThames street issuing a "no parking notice" for the datesofAugust 4-12. During this time I did not park in such restricted areas and took special care to avoid anymarked area.2) Sometime after the initial posting, new signs were posted here and there along upper Thames which hadno dates of effectiveness, simply times during the day ...which day- I have no idea.3) The location from whichmy carwas towed was not in sight ofany towzone parking bans- and the signsthat were a distance away from my car, at least 100 feet did not specify the area OR DA1E ofeffectiveness.4) The "ParkingBan Information" section of the city of City of Newport website states that parking banswill be "Announced via the press, local TV and radio outlets and AM 1630". All ofwhich (AM 1630 andNewport Daily News) I subsequently checked to find information about a parking ban on upper ThamesStreet- none ofwhich had any information about such ban.5) No notice was given via post mail or telephone of the effectiveness of this parking ban, when I am surethat the City ofNewport parking division collects all of this information at the time that a resident parkingsticker is purchased.I am generally very understanding of traffic or parking adjustments as I truly do understand that it must bevery difficult to make the proper arrangements for road work, but I feel as though I took every possibleprecaution to avoid such an enormous expense (not to mention the inconvenience) and my vehicle wastowed without propernotice.I visited the Newport Police Department in order to arrange the opportunity for me to address these issuesin personwith the proper authorities and was asked to submit my grievances to both of you gentleman.I trust that this matterwill be handled with careful consideration and that I will be contacted at your earliestpossible convenience.Julianna ParkerGuest Services SupervisorThe Chanler at CliffWalkjparker@thechanler.comd:401.847.1300c:207.756.5106

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August 24, 2011

ARTS&( A ~ U L T U R A LnLLIANCE

of Newport Countyi L;;iL

I IiAUG 24 2011

!' ..,

Dear City Council,On behalf of the Arts&Cultural Alliance of Newport County, this is to request a waiver of the$500 fee generally charged for use of the Easton's Beach Rotunda for our upcoming fundraiser"Concerts for the Arts"on Thursday September 29th from 5-8pm in honor of October's Arts &Humanities month.This fundraiser is a postponement of our originally planned event on the SeaFair, JUly 29th Asthe Seafair sUddenly and unexpectedly decided to depart Newport, we were forced to returnadvance ticket sale proceeds and to re-schedule our fundraiser in order to raise necessaryfunds for the BridgeFest advertising for which we had contracted.Our concerts will feature the US Navy ShowBand for a free concert at the Beach from 5:30-6:30followed by Larry Brown's SWing/ane inside the rotunda from 6:30-8:00pm ($15 donation at thedoor, $10 in advance).A special event license has been paid and the Rotunda ballroom reserved.Thank you for your consideration, understanding and ongoing support of the arts in Newport.gcerelY, .. ~ 4 ~John HirschboeckSecretary, ACA

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CITYOF NEWPORT

RESOLUT IONOF THE

COUNCILNo. _

WHEREAS, the Fiscal Year 2012 Budget passed by the RhodeIs land General Assembly contained a new tax onloca l to ur o pe ra to rs ; andWHEREAS, the new law appl ies the Rhode Is land Salesthe cos t of cer ta in tours within theincluding boat tours , bus / t ro l ley tours ,tours and hel i copter tours ; and

tax tos t a t e ,t r a inWHEREAS, the tax i s due to go in to e f fec t on October 1,2011; andWHEREAS, imposition of t h i s tax i s both burdensome andconfusing to many small business owners; andWHEREAS, in these chal lenging economic t imes any increasedtaxat ion o r fur ther burden on the loca l tourism

indus try i s counterproduct ive to economic growthand expansion. NOW THEREFORE, BE ITRESOLVED: tha t the NewportAssembly repealpossible .

City Council req uests the Generalt h i s tax on tours as soon asSTEPHEN C. WALUKJEANNE-MARIE NAPOLITANONAOMI NEVILLEHENRY F. WINTHROP

IN COUNCILREAD AND PASSED

Kathleen M. Si lv iaCity Clerk

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CITY OF NEWPORT

RESOLUT IONOF THE

COUNCILNo. _

WHEREAS, I r e n e - h u r r i c a n e down-graded t o a t r o p i c a l s torm,h i t Rhode I s l a n d on t h e weekend o f August 27 thwith d e v a s t a t i n g e l e c t r i c a l damage,WHEREAS, 284,000 o f t h e 480,000 N a t i o n a l Grid c ustome rsl o s t power dur ing t h e s torm,WHEREAS, Newport was a community t h a t l o s t i t s power due t ot r a n s m i s s i o n damage,WHEREAS, Newport H o s p i t a l , n u r s i n g homes and o t h e r s neededpower t o o p e r a t e as soon as p o s s i b l e ,WHEREAS, t h e Rhode I s l a n d Bridge and Turnpike A u t h o r i t yc l o s e d t h e P e l l and Jamestown b r i d g e s ,WHEREAS, Richard Newman, Newport ' s E l e c t r i c a l I n s p e c t o r ,went beyond t h e c a l l o f duty by r e t u r n i n g c a l l st o customers i n Newport who were v u l n e r a b l e due

t o l o s s o f power,WHEREAS, Richard Newman worked with N a t i o n a l Grid andCounci l members t o communicate with N a t i o n a l g r i dt o g e t power up and running. NOW, THEREFORE, BEITRESOLVED: t h a t Richard Newman be thanked f o r h is d il i g e n c eand a b i l i t y t o work with t h e p u b l i c dur ing ac r i s i s , and t h a t t h e C i t y o f Newport recognizeh i s d e d i c a t i o n t o t h e p u b l i c .

KATHRYN E. LEONARD

IN COUNCILREAD AND PASSED

Kathleen M. S i l v i aC i t y Clerk

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ORDINANCEOF THE

COUNCIL

NO.

AN ORDINANCE IN AMENDMENT OF TITLE 17 OFOF THE CITY OF NEWPORT, RHODE ISLAND,AMENDED, ENTITLED, "ZONI NG."BE IT ORDAINED by the City of Newport:

THE CODIFIED ORDINANCESREVISION OF 2000, AS

SECTION 1. Chapter 17.08 of the Codified Ordinances of the Cityof Newport, Revision of 1994, as amended, en t i t l ed ,"Def ini t ions ," i s hereby fur the r amended as fol low s:

17 .08 .010 . Def in i t ionsADD: " 'Convalescent Homes and Rest Homes.' Housingcons i s t ing of s t a t e - l i censed nurs ing homes and s t a t e l i censed a ss is te d l iv in g f a c i l i t i e s provid ing housingand se rv ices p rim ari ly to the e lder ly . Suchf a c i l i t i e s sha l l conta in common use areas , which mayinc lude common dining and rec rea t ion areas . Expansionof such f a c i l i t i e s which exis ted pr io r to July 1,1971, i s permi t ted by r i gh t on the same proper ty or

adjacent parce l s under common ownership a t the t imeof passage of th i s ord inance ."

SECTION 2. This ordinance sha l l take e f f ec t upon i t s passageand a l l ordinances or par t s of ordinances incons i s ten th erew ith a re hereby repealed .

IN COUNCILREAD AND PASSED

Kathleen M. Si lv i aCi ty Clerk

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ORDINANCEOF THECOUNCIL

NO.

AN ORDINANCE IN AMENDMENT OF TITLE 17 OFOF THE CITY OF NEWPORT, RHODE ISLAND,AMENDED, ENTITLED, "ZONING."BE IT ORDAINED by th e City of Newport:

THE CODIFIED ORDINANCESREVISION OF 2000, AS

SECTION 1. Chapter 17.100 of the Codif ied Ordinances of theC ity of Newport, Revision of 1994, as amended, en t i t l ed ,"Development Standards ," i s hereby fur ther amended as fol lows:17.100.040. Hospi ta l s - Convalescent and Rest Homes.

ADD: "E. Any expansion of convalescent homes and r e s t homeswhich exis ted p r i o r to Ju ly 1, 1971, ca nn ot exc eede i t h e r the height o f any e x is ti ng s tr u ct ur es orfor ty- f ive (45' ) f ee t , whichever i s l e s se r , and sha l lbe permi t ted a maximum of 50% lo t coverage, provided,however, such f a c i l i t y sha l l not conta in more thans ix ty (60) sk i l l ed nurs ing beds and for ty (40)a ss is te d l iv in g un i t s and a cc es so ry u se s. N

SECTION 2. This ordinance sha l l take e f f e c t upon i t s passageand a l l ordinances or par t s of ordinances incons i s t en therewith are hereby repealed .

IN COUNCILREAD AND PASSED

Kathleen M. Si lv i aCity Clerk

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CITY OF NEWPORTORDINANCEOF THECOUNCIL

NO.

AN ORDINANCE IN THE AMENDMENT OF TITLE 3 OF THE CODIFIEDORDINANCES OF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF1994, AS AMENDED, ENTITLED, "PERSONNEL."BE IT ORDAINED by the City of Newport:SECTION 1. Chapter 3.20 o f th e C od ifie d Ordinances of theCity o f Newport, Revis ion o f 1994, as amended, en t i t l ed ,"Promotions, Transfers and Demotions," i s hereby furtheramended as fo l lows:

Sect ion 3 .20 .010 . Promotions.DELETE in i t s ent irety: Paragraph I . "Appointment o fPol ice and Fire Chief from Forces ."

SECTION 2. This ordinance sha l l take e f fec t upon i t s passageand a l l ordinances o r pa r t s o f ordinances i ncons i s t en t herewi thare hereby repea led .

IN COUNCILREAD AND PASSED

Kathleen M. Si lv i aCity Clerk

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Communication # 4885/11Docket Date: August 10, 2011

To:From:Date:Subject:

City ofNewportREQUEST FOR CITY COUNCIL ACTIONMayor Stepheu C.Waluk & Members of the City CouucilEdward F. Lavallee, City Mauager c 7 7 ' ~ / { ) 'July 5, 2011 ,,'- , ,. \Natiouai Grid Petitlou - 365 'rhames Street - New Pole for ServiceTo Newport Harbor Center Transient Boating Facility

StaffPresentation:Applicant Presentation:

RECOMMENDATION:The Council's consideration of the attached petition is requested. Staff has reviewed and recommends approval dfthepetition. - "

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, DepartmentCommunication from Public Services DepartmentCommunication from Utilities DepartmentFinance Dept Review: Date By: _ (if applicable)cc: Marisa Albanese, National Grid

AUG 102011P & \ J I . ~ 24 llnl.eIL

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PETITON OF THE NATIONALGRID FORJOINT OR IDENTICAL POLE LOCATIONTO THE HONORABLE _TOWN COUNCIL _OF__N.EWPORT RHODE ISLANDTH::-E-:-N;-:A-=T=-IO:::cN:-:A-:-::-L--;:G;:::R--;:ID=----

IRespectfully 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 LOCATIONWherefore 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: 207133DATED 6/6/2011Your 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 NATIONALGRlDBY: 7XL! (W.P ~ t l l J A & ) - J . . - 1 AMichael Iervolino, Eng inee r i ngWJBY THE V E R l Z O ~ ~O R D E R ~ ~ ~ - -

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# .Page#

CLERK

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'-~ ' f \ V ) ~ -

/ 0 'P. "50

l.... Nl I \ 1\/.l ? ~ " , ". '- 'e:.t"",",,1I ,. ~

/ 0 '?:?, '2..-. ~ D

Th e NARRAGANSETT ELECTRIC COMPANY and VERIZONPLAN TO ACCOMPANY PETITION DATED _TO THE C . l ~ OF: \ ) ~ " " , ? o r l - FOR: _ ' i : : > ~ ~ ~..:=3:.c.\ _JOINT POLE LOCATION ON: ~ C I . " ( \ o I . A . c ; . \ -~ - - ' - - ' - - ' = = ' - - = . : . - - - - - - - - -DATE O F P LA N _ PLAN # _

DESCRIPTION OF WORK: \ t l " ' \ . . \ \ \ I \ ~ \ - 4 ~ . t \ ' "

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CITYOFNEWPORT

DEPARTMENTOFPLANNINGANDDEVELOPMENT

MEMORANDUM

TO:FROM:

DATE:RE :

Edward F. Lavallee, City ManagerPaige R. Bronk, DirectorAugust 3, 2011National Grid Pole Reqnest365 Thames Street - N ew 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.

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City Of NewportDepartment of Public Services280 Spring StreetNewport, RI 02840

MEMORANDUMTO:

FROM: WilliaDirectoDATE: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 location forits placement. National 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 regulatedclearances 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. I f you have any questions, please do not hesitate to contact meat your convenience.

xc: File.

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CITY OF NEWPORT, RHODE ISLANDDEPARTMENTgfUTILITIES

MEMORANDUM

TO: Julia Forgue, Director ofUtilitiesFROM: Ken Mason, DeputyUtilities Director- Engineering /&u0-DATE: 8/2/11RE: National Grid - Installation ofnew ofElectric Service PoleThames Street between Ann Street andBrewerStreet

The installation of the electric service pole as requested byNational Grid, has been reviewed withrespect to water, sanitaty sewer and stonn drains. .The installationof a new pole on Thames Street, 65 feet south ofAnn Streetas shown on theNational Grid plan dated June 6, 2011, will not interferewith any existing sanitary sewers, stonndrains or water mains and services. The.proposedproject is acceptable to the UtilitiesDepartment.

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Coty (j)f NewportOffice of the City ManagerTO: Mayor & CouncilFROM: Ed LavalleeDATE: 09-02-2011RE: Armory Transformer

MEMORANDUM

The Council requested details concerning information the City Staff received from the StateHistoric Preservation Office (SHPO) relative to the placement of a transformer pad on the siteof the Newport Harbor Center. The question stems from a memo included in a previousCouncil docket from Paige Bronk indicating that the SHPO would not permit the transformer tobeinstalled in the front of the Armory. The Council asked who provided this commentfrom theSHPO and when it was given.The attached memo from Paige Bronk , dated August 30, 2011 ,gives a brief history ofdiscussions between the City staff and SHPO staff concerning this issue. Also attached is arecent letter from Ted Sanderson, SHPO Executive Director, reiterating the position of SHPOon the placement of the transformer pad at the Armory

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EdBronk, PaigeTuesday, August 30, 2011 3:50 PMLavallee, EdDeionno, Andrew; Corson, DanaSHPO Contact Person

spoke with both Dana and Andrew regarding the contact person at SHPO. Neither one directly spoke with the SHPOthis matter until recently, bu t staff has known SHPO's posit ion on this matter fo r some time. The posit ion init ially

from a site visit with the SHPO (2008?). City staff in attendance were Shantia Anderheggen and Brucetlett. Ted Sanderson and Ginger Hesse attended f rom the SHPO. We believe that a letter was provided to Bruce, buhave been unable to locate it. At that time, there were specific discussions and agreements developed regarding

the back of the building and use of the interior space. Also discussed was that the front building f a ~ a d e andwere not to be altered or obscured as a part of the project. Ted Sanderson's letter reiterates this position. Iit was Ted Sanderson and Ginger Hesse that provided the Initial determination at the site visit.

R. Bronk, AICPof Plann'lng and Developmentof Newport, RI 02840845-5450

1

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Old State House 150 Benefit Street Providence, R.J. 02903-1209

STATE OFRHODE ISLANDAND PROVIDENCE PLANTATIONSHISTORICAL PRESERVATION & HERITAGE COMMISSIONTEL (401) 222-2678TTY (401) 2223700

August 25, 2011

FAX (401) 2222968Website www.preservation.rLgov

Dana Corson, Historic Preservation PlannerCity ofNewport43 BroadwayNewport, RI 02840Subject: Newport Annory TransfonnerDear Dana:TheRhode IslandHistorical Preservation& Heritage Commissionhas been involvedwith the review ofthe proposedrehabilitation of the NewportAnnory as a facility for transient boaters, for several yearsnow. The issue ofupgrading electrical service to the buildingbymeans

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Communication # 4903/11Docket Date: September 14, 2011

City ofNewportREQUEST FOR CITY COUNCIL ACTIONTo:From:Date:Subject:Staff Presentation:

RECOMMENDATION:

Mayor Stephen C. Waluk & M e m b , ~ s , of the City CouncilEdward F. Lavallee, City ManaJil/ ,t'September 6, 2011 I (JLease Agreement with Newport Historical Society - BrickMarket BuildingMichael Brennan, TransportationManager

Approve the lease agreement with the Newport Historical Society, Inc., a Rhode Island Corporation, with the City ofNewport for the property located at 127 Thames Street, known as the "Brick Market Building", in the annual amount of$1.00 payable to the City of Newport. The lease agreement will commence on September I, 20II and end on June 30,2016, with a mutually agreed upon lease extension optiou to June 30, 2021.

BACKGROUND AND FINDINGS:The Brick Market Foundation restored the BrickMarket Building, and in June 1993 sublet, with City Council approval,the building out to the Newport Historical Society, for the operation of the museum and maintenance of the building.This lease expired on May 31, 2009, with an automatic renewal for one (I ) ten year (10) term. The new lease agreementbetween the City ofNewport and the Newport Historical Society was amended to include the maintenance of the publicrestrooms and to continue to reimburse the Society for one-half (1/2) the documented costs of cleaning and maintenance.

PREVIOUS LEGISLATIVE ACTIONResolution # 150-93Management agreement -BrickMarket Foundation and Newport Historical Society

FISCAL IMPACT_ Currently Budgeted ("A",c",co",u",n"t _ Requires additional appropriation l No Fiscal Impact

SUPPORTING DOCUMENTSResolutionLease Agreement

FInance Dept RevIew: Date By: .__ (i f applicable)

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THE CITY OF NEWPORTRESOLUTION

OF THE

COUNCIL

WHEREAS: The lease agreement fo r 127 ThamesSt ree t , known as the "Brick Market Building",between the City of Newport and the NewportHis tor ica l Soci et y exp ir ed on May 31, 2009.

WHEREAS: Revision to the lease agreement withNewport His tor ica l Society has beenrecommended fo r approval with said annuallease payment to the City of Newport in theamount of one dol la r ($1.00). Term of leasecommences on September 1, 2001 and ends onJune 30, 2016, with a mutually agreed uponlease extension option to June 30, 2021.Lease includes the maintenance of the publ icrestrooms and reimbursement to the NewportHis tor ica l Society fo r hal f (1/2) thedocumented cos ts of cleaning and maintenanceof such publ ic restrooms. NOW THEREFORE BEIT

RESOLVED: That the lease agreement with the NewportHis tor ica l Society i s hereby accepted and theMayor i s authorized to sign sa id lease ,subjec t to review by the C ity Sol i c i to r ' sOffice, on behalf of the C ity of Newport.

IN COUNCILREAD AND PASSED

Kathleen M. Si lv iaCity Clerk

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