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CITY OF NEWPORT

DOCKET OF THE COUNCIL


The following items of business, filed with the City Clerk under the Rules ofthe
Council, will come before the Council at its regular meeting to be held on
August 10, 2011, at 6:30 p.m.
PLEDGE OFALLEGIANCE TO THE FLAG
CITIZEN'S FORUM: (Speakers must sign in with the City Clerk). The Citizen's
Forum period shall be no longer than fifteen minutes and citizens may address the
Council on one subject only and for no longer than three minutes. Issues to be
discussed shall not include matters to be considered or discussed as part ofthe regular
council agenda and must be related to substantive city business. No comments
regarding personnel or job performance are allowed.
1. *PUBLIC HEARING: Proposed Amendments to the Zoning Ordinance:
Section 17.08.010 (Definition of "Convalescent Homes and Rest Homes") and
Section l7.l00.040(E.) (Expansion of convalescent homes and rest homes that
existed prior to April 13, 1977).
*TO BE CONTINUED TO THE AUGUST 24, 2011, COUNCIL MEETING
2. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY
UNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED
SUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)
a. Minutes of the June 8, June 22, and July 13,2011, Council Meetings
(Approve)
It is the practice of the Council to meet at 6;20 p.rn. in the second-floor Conference Room to discuss docket items. The
public is invited to attend. The docket, aiong with all supporting documents, can be viewed on the City ofNewport
website; www.cityofnewpOlt.com- ..CurrentNewport City News & Announcements" - Click on "MORE NEWS."
Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. A DVD ofthe
Conncil Meeting will be available at the Newport Public Library within 48 hours ofthe meeting.
LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT THE
NEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPON
NOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCE
OF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUST
NOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.
DOCKET OF THE COUNCIL
August 10,2011
Page 2
b. Special Event Licenses:
1) Newport Art Museum, d/b/a "Wet Paint": Newport Art Museum, 76
Bellevue Ave., August 20,2011, froh15:30 p.m. to 8:00 p.m., and
August 21,2011, from 11:30 a.m. to 5:00 p.m.
2) Newport Art Museum, d/b/a "4
th
Friday"; Newport Art Museum, 76
Bellevue Ave., August 26, September 23, and October 28, 2011,
from 6:00 p.m. to 9:00 p.m.
3) Newport Restoration Foundation, d/b/a "Doris Duke Historic
Preservation Awards"; Rough Point, 680 Bellevue Ave., September
9,2011, from 6:00 p.m. to 8:30 p.m.
4) International Tennis Hall of Fame, d/b/a "AI Jardine in Concert" ;
Internat'l Hall of Fame, 194 Bellevue Ave., September 18,2011,
from 5:30 p.m. to 7:00 p.m.
5) Ellen M. Kelly, d/b/a "Brigid E. Kelly 3.5 WalklRun"; October 8,
2011, from 9:00 a.m. to 1:00 p.m. , beginning and ending at
Gooseberry Beach (route attached to application)
6) Salve Regina University, d/b/a "35
th
Annual Governor's Ball";
SRU, 100 Ochre Pont Ave, December 3,2011, from 9:00 p.m. to
1:00 a.m.
7) Fort Adams Trust, d/b/a "Festival of Lights"; Fort Adams State
Park, December 10 (rain date, Dec. 11),2011, from 8:00 a.m. to
8:00 p.m.
c. Annual Catering License, Ben's Chili Dogs, LLC, 158 Broadway
d. Daily Entertainment Licenses, Ancient Order of Hibernians, 2 Wellington
Ave., September 16 and 17,2011, from 6:00 p.m. to 12 Midnight.
e. Holiday Selling License, New, Denise Cole and Donnell Cole, d/b/a
Essence Beauty Salon, 51-53 Marlborough St.
f. Holiday Selling License, Renewal, The Linen Shop, LLC, d/b/a The Linen
Shop, 196 Bellevue Ave.
DOCKET OF THE COUNCIL
August 10, 2011
Page 3
g. Pedicab Operator License:
1) Scott Paul Clark, 69 Henarick St., Providence, RI
2) Richard J. Conte, Jr., 70 Carroll Ave., Newport, RI
3) James Forrey, 28 Jennifer Place, Glen Rock, NJ
4) Adam Gallagher, 9 Laura Circle, Cranston, RI
5) Mark Marine, 67 Vernon St., Providence, RI
6) Taylor Sullivan, 177 Forest Rd., Allendale, NJ
h. Communication from Marilynne Manning asking permission to close
Whitwell Ave., from Bliss Rd. to Robinson St. for a neighborhood block
party on August 20 (rain date, Aug. 21), 2011, from 4:00 p.m. to 10.00
p.m. (Approve subject to detail being worked out with city
administration.)
1. Communication from Larry Sheehan, President, Morgan % Group, asking
permission to use the east parking lot of Easton's Beach on September 23,
2011, from 9:30 a.m. to 4:00 p.m. for the Annual Autocross. (Approve
subject to details being worked out with the city administration.)
J. Communication from Jim Horiagon, Rhody Rickshaw providing notice of
relinquishment of his two pedicab licenses. (Receive)
k. CRMC Public Notice, re: File No. 2011-07-018, Application of Peter
Brown for an Assent to construct and maintain a three-acre aquaculture
farm northeast of Coggeshall Point, Portsmouth. (Receive)
1. Claims: (Receive and refer to City Solicitor)
I) Kevin and Lisa Carlos
2) Stephanie Knightly
3) Michael D. O'Hare, by attorney
4) Cedar Poirier
5) Janice L. Violante
LICENSES & PERMITS
3. Application of Pirate Pedicab, LLC, d/b/a Pirate Pedicab, to expand its Pedicab
Business License to add two additional pedicabs (relinquished by Rhody
Rickshaw Pedicab Co.)
DOCKET OF THE COUNCIL
August 10, 2011
Page 4
COMMUNICATIONS & PETITIONS
4. Communication from George Brian Sullivan, Ph.D., re: The Ad Hoc
Newport/Amor Vincet Omnia City Flag Committee.
5. APPOINTMENT TO BOARDS AND COMMISSIONS
Energy & Environment Commission - Reappointment of Beth Milham
RESOLUTIONS
6. Requesting Notice Be Provided to the Towns of Middletown and Portsmouth of
City of Newport Council-approved Special Events - C. Duncan, S. Waluk, K.
Leonard
7. In Support of Newport County Joint Workshop to Discuss Regionalization and
Matters Related Thereto - S. Waluk
ORDINANCES
8. Amending Section 3.16.060 of the Codified Ordinances, entitled, "Pay Schedule
for ... Fire Division." (First Reading)
9. Amending Section 5.12.060 of the Codified Ordinance, entitled, "Regulations of
the Board of License Commissioners," Paragraph J, by replacing Table I,
"Sound Levels by Receiving Land Use." (Second Reading)
10. Amending Chapter 5.97 of the Codified Ordinances, entitled, "Pedicabs":
Section 5.97.120, "Pedicab Decal"; Section 5.97.110, "Fare Schedule"; and
Section 5.97.220, "Regulations for Pedicab Operations." (Second Reading)
11. Amending Section 8.12.080 of the Codified Ordinances, entitled, "Maximum
Permissible Sound Levels by Receiving Land Use," by replacing Table I.
(Second Reading)
Memorandum from the City Manager, re: Noise Ordinance Amendments
12. Amending Section 10.20.110 ofthe Codified Ordinances, entitled, "Operational
Regulations and Restrictions for Valet Parking Service." (Second Reading)
DOCKET OF THE COUNCIL
August 10, 2011
PageS
13. Amending Section 10.20.170 of the Codified Ordinances, entitled, "Towing by
Police Division." (Second Reading)
COMMUNICATIONS FROMTHE CITY MANAGER
14. Memorandum from the City Manager, re: Request for Removal of Street Light
Pole - 205 Ocean Avenue.
15. Communication #4877/11, re: Award of Contract for Broadway Streetscape
Final Design Phase (with accompanying resolution; continued from July 27,
2011)
--- Memorandum from the City Manager, Broadway Streetscape Final
Engineering
16. Communication #4885/11, re: National Grid Petition for Pole Location at 365
Thames Street.
17. Communication #4886/11, re: US Environmental Protection Agency Grant-
Affirmation of Award for Easton Pond Ultraviolet (UV) Stormwater Treatment
Project (with accompanying resolution)
18. Communication #4887/11, re: Bid Award for Water Division Meter Read
Laptop Computer (with accompanying resolution)
19. Communication #4888/11, re: Bid Award for Road Materials (with
accompanying resolution)
20. Communication #4889/11, re: Agreement with Newport Yachting Center - Use
of Easton's Beach Parking Lot for International Boat Show Parking (with
accompanying resolution)
21. Communication #4890/11, re: Agreement with The Preservation Society of
Newport County - Use of Easton's Beach Parking Lot for Annual Society's
Food & Wine Festival Parking (with accompanying resolution)
22. Communication #4891/11, re: Ordinance Amendment - 20 mph Speed Limit
on Thames Street, between Poplar St. and Marlborough St. (with accompanying
ordinance)
DOCKET OF THE COUNCIL
August 10,2011
Page 6
ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE
COMMISSIONERS
BOARD OF LICENSE COMMISSIONERS
CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS
THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO
COMPLIANCE WITH ORDINANCES #3 I -80 AND #98-40.)
1. Class F Daily Liquor License, Newport Art Museum, 76 Bellevue Ave., August
20,2011, from 5:30 p.m. to 8:00 p.m., and August 21, 2011, from II :30 a.m. to
5:00p.m.
2. Class F-1 Daily Liquor Licenses:
a) Newport Art Museum, 76 Bellevue Ave., August 26, September 23, and
October 28,2011, from 6:00 p.m. to 9:00 p.m.
b) International Te=is Hall of Fame, 194 Bellevue Ave., September 18,
2011, from 4:30 p.m. to 7:00 p.m.
ADJOURN
Kathleen M. Silvia
City Clerk
August 3, 2011
SIL.VA, THOMAS, MARTLAND & OFFENBERG, LTD.
ATTORNEYS & COUNSELORS AT LAW
ROBERT M. SILVA
ANDREW A. THOMAS
DAVID P. MARTLAND
CRISTINA M. OFFENBERG
July 19,2011
RECEIVED
JUL 21 2011
The Honorable Stephen C. Waluk, Mayor
and Members ofthe City Council
Newport City Hall
43 Broadway
Newport, Rhode Island 02840
Re: Petition of St. Clare Home to Amend the Zoning Ordinance
Dear Mayor Waluk and Council Members:
I am writing to advise you that in light of certain issues raised by the City
Planning Department in connection with the Petition of St. Clare Home to amend the
Zoning Ordinance, we asked and received a continuance of the Planning Board's review
until Monday, August 15,2011. Accordingly, we will be submitting suggested revisions
to the proposed amendment to the Planning Board and ultimately to the City Council.
The purpose of the revisions will be to narrow the application of the proposed ordinance
and address other issues raised by the Planning Department, as well.
If you have any questions, please do not hesitate to give me a call. With best
wishes, I remain
Very truly yours,
RMS:bja
1100 AoUIDNECK AVENUE, MIDDLETOWN, RI 02842
(401) 849-6200 (401) 253-3998 FAX (401) 849-1820 WWW.SILVALAWGROUP.COM
TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
OF THE
CITY OF NEWPORT
PETITION TO AMEND ZONING ORDINANCE
WHEREAS, your Petitioner St. Clare Home, Inc., owns real estate located in the City of
Newport and identified Lots 175, 177, 188,236& 189.4 on Plat 27 of the Newport Tax
Assessor's Plats, as presently constituted; and
WHEREAS, St. Clare Home has been caring for the elderly and infirmed residents of
Newport for more than 80 years and currently operates a 47 bed skilled nursing facility; and
WHEREAS, in order to continue to provide the highest quality of care to the residents of
Newport and remain financial viable, St. Clare Home must improve and expand its facility and
services by adding 13 skilled nursing beds and 40 new assisted-living units, while transforming
St. Clare Home into a "small home" model nursing care facility; and
WHEREAS, the proposal is consistent with the goals and policies of the City's
Comprehensive Land Use Plan which provides as follows: "So that city residents may remain
here in their old age, it will be important to provide a mix of housing and facilities options that
addresses the needs of these different groups"; and
WHEREAS, assisted living services are not available to seniors in the City of Newport
and as a result City residents must leave Newport ifthey required assisted living; and
WHEREAS, St. Clare Home proposes to provide not only nursing home services but also
to provide for assisted living so that it will meet the evolving long-term care needs of the
community and the residents ofthe City of Newport; and
WHEREAS, the proposed zoning amendment and transformation of St. Clare Home is in
keeping with the goals and policies of the Comprehensive Community Plan, will compliment the
existing land uses in the general vicinity thereof, and maintain and preserve historic structures;
and
WHEREAS, for the foregoing reasons and for other good cause, your Petitioner
respectfully requests that the City Council amend the zoning ordinance as provided for in Exhibit
"A", attached hereto and made part hereof, as said zoning amendment is in the general public
interest and of benefit to the residents of the City of Newport for the foregoing reasons:
I. It is in keeping with the character of the district and will compliment other existing
land uses in the general vicinity thereof;
2. It is and will be in keeping with the City of Newport's Comprehensive Community
Plan;
3. It will promote the public health, safety and general welfare ofthe community; and
4. It will encourage the most appropriate use of said parcels of real estate.
(
NOW THEREFORE, your Petitioner respectfully requests that this Honorable City
Council set a date for a public hearing on the proposed amendment to the Zoning Ordinance of
the City of Newport; that the same be advertised for public hearing by newspaper publication, all
in accordance with Rhode Island General Laws, 1956 (1991 Reenactment) 45-24-53, as
amended; and that at such public hearing, the proposed amendment attached hereto and made a
part hereof as Exhibit "A" be considered by this Honorable City Council and adopted thereafter.
Respectfully Submitted,
St. Clare Home, Inc.
by their attorneys
SILVA, THOMAS, MARTLAND
--8.rt)J!'RENBE , LTD.
Robe M. Silva, Esq.
1100 Aquidneck Avenue
Middletown, RI 02842
(401) 849-6200
2
EXHIBIT A
Amend Section "17.08.010. Definitions." By adding the following definition:
Convalescent Homes and Rest Homes: Housing consisting of nursing homes, assisted living
facilities and other similar facilities providing housing and services primarily to the elderly.
Such facilities shall contain common use areas, which may include common dining and
recreational areas. Expansion of such facilities which existed prior to April 13, 1977 is permitted
by right on the same property or adjacent parcels.
Add the following section to Development Standards:
17.100.040 E. Any expansion of convalescent homes and rest homes which existed prior to April
13, 1977 cannot exceed either the height of any existing structures or the maximum allowed in
the zoning district, whichever is greater, and shall be permitted a maximum of 50% lot coverage.
3
CITY OF NEWPORT
MINUTES OF THE COUNCIL MEETING
HELD JUNE 8, 2011
The following items of business, filed with the City Clerk under the Rules of the Council, came
before the Council at its regular meeting held on June 8, 20II.
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. DUNCAN
KATHRYNE.LEONARD
JUSTIN S. MC LAUGHLIN
JEANNE-MARIE NAPOLITANO
NAOMI NEVILLE
STEPHEN C. WALUK, MAYOR
HENRY F. WINTHROP
1. PUBLIC HEARING: Recommended 2011-2012 Operating Budget
PATRICK KELLEY, Chairman, Newport School Committee, pointed out that there would be a
$456,000 gap in the School Department Budget, even after significant cuts, because of reductions in
State and Federal Aid. He asked that the Council increase the City's allocation by $456,000 to cover
the gap.
Hearing no further comment from the public, COUNCILOR MC LAUGHLIN moved the hearing be
closed. Seconded by NAPOLITANO and VOTED UNANIMOUSLY.
(The hearing was reopened at 6:36 p.m.)
FRANK LANDRY, President, Local 911, AFSCME, said there were 108 members of Local 911 who
have not had a pay increase since 2008. He said there has not been very much communication with
management; and while there have been violations of the contract, the union has filed no grievances
in the spirit of cooperation. He said those proposed to get increases earn a great deal more than the
members of Local 911. He noted that step increases for his members were eliminated, but other
employees who make significantly more money have gotten them. He said the reductions in staff will
result in greatly reduced services at the Police Department; and, if there were to be a catastrophe, such
as a hurricane, the ability ofthe Public Services Department to provide services will be greatly
reduced because the workforce has been reduced by one-third since Hurricane Bob in 1991.
COUNCILOR MC LAUGHLIN moved the public hearing be closed. Seconded by COUNCILOR
WINTHROP and VOTED UNANIMOUSLY.
(Returned to discussion on Personnel Ordinance)
b. Ordinance Amending Title 3, Personnel (Second Reading)
MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILOR
WINTHROP.
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June 8, 2011
Page 2
MAYOR WALUK moved the ordinance be amended to reflect the changes in the City Manager's
memo of June 7, 2011; i.e., Building Official, Grade 9; City Engineer, Grade 10; Director of
Planning, Grade II; Recreation Administrator, Grade 7, Assistant City Engineer, UT6; and Assistant
City Solicitor for Law Enforcement, $30,000. Seconded by COUNCILOR DUNCAN.
COUNCILOR NAPOLITANO said she had a problem with providing a significant increase of $5,000
for the Assistant City Solicitor position and moved that it be eliminated. Seconded by COUNCILOR
WINTHROP.
CITY SOLICITOR JOSEPH J. NICHOLSON said he had requested the salary increase because the
Assistant Solicitor for Law Enforcement has been asked to take on additional duties above those for
which he was originally hired.
VOTE: In favor - COUNCILORS DUNCAN, MC LAUGHLIN, NAPOLITANO, NEVILLE and
WINTHROP.
Opposed - MAYOR WALUK and COUNCILOR LEONARD.
COUNCILOR MC LAUGHLIN, citing an instance five years prior where there was a change in a
department director's duties and salary without a change in title, which change was never
accomplished because of a lawsuit, said he believed something different needed to occur in the
process.
COUNCILOR MC LAUGHLIN moved funding be removed from the position of Director of
Planning and funding instead be provided for a new planning position at Grade SII. Seconded by
COUNCILOR LEONARD
COUNCILOR WINTHROP, noting that the City Manager had been asked to make recommendations
with regard to the Department of Planning, Zoning, Development and Inspections, said the
recommendation before the Council separates inspections and zoning from planning and development
but retains the Planning Director title. He said he believed the current motion was targeting an
individual, was wrong, and bordered on a violation of the City Charter. COUNCILOR'DUNCAN
said the City Manager clearly outlined the duties of the Planning Director which are very involved
and taxing and he, therefore, would not support the motion.
COUNCILOR LEONARD said she would vote against the Personnel Ordinance in total because of
the trying economic times and because she felt there was very little time to discuss the proposed
changes that provide for upgrades and title changes with very little restructuring. MAYOR
WALUK cited the number of employees for which various departments are responsible and noted that
with the proposed amendment the Planning Director would be responsible for only three; he said he
did not believe the proposed amendment was irresponsible or harsh.
COUNCILOR NAPOLITANO, noting that the salary of the director would be reduced by $10,000,
said she agreed with Councilor Winthrop that the issue has become personal. She made note that
some very large projects were about to be undertaken in the City and said that the number of
employees in a department does not determine the title of director, but rather the responsibilities
DOCKET OF THE COUNCIL
June 8, 2011
Page 3
associated with the position. COUNCILOR WINTHROP agreed and said he knew of no large
organization that sets titles based upon how many people are reporting to an individual.
COUNCILOR NEVILLE said she would not support the proposed amendment and would support the
recommendations of the city manager as she believed there had been sufficient time for the changes to
be reviewed.
COUNCILOR MC LAUGHLIN said his proposed amendment was not to deal with a person but
rather with the process and restated his concern that the proposal was similar to a change four years
ago that resulted in a law suit. He invited the city manager to comment.
CITY MANAGER EDWARD LAVALLEE responded that one person, who was present at this
meeting, was being discussed. He said there would be no objection to his recommendation by the
individual, as the person chose not to do what was done four years ago. He said he believed the
current recommendation was professionally correct and the job merits the title of director based upon
the responsibilities and decisions the director makes that have significant impact. He said he believed
the newly proposed change was wrong.
COUNCILOR MC LAUGHLIN withdrew his motion.
COUNCILOR LEONARD said there are professional ways and emotional ways in which to make
change and what was done four years ago did not follow labor laws which resulted in the law suit.
MAYOR WALUK asked if funding was provided for the Grants Writer. CITY MANAGER
LAVALLEE responded there was not.
VOTE on the motion to adopt the Personnel Ordinance, as amended to include the City Manager's
recommendations (with $5,000 for Asst. Solicitor eliminated):
In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLIN
NAPOLITANO, NEVILLE and WINTHROP.
Opposed - COUNCILOR LEONARD.
MAYOR WALUK moved the Ordinance Appropriating Revenues be reconsidered. Seconded by
COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.
MAYOR WALUK moved $700,000 be restored for Fire Department overtime and $10,000 for a part-
time Building Inspector. Seconded by COUNCILOR WINTHROP.
COUNCILOR LEONARD asked if the change would affect the tax rate; CITY MANAGER
LAVALLEE responded it would not because the money would be taken from the fund balance.
The motion was VOTED UNANIMOUSLY.
COUNCILOR NAPOLITANO moved $25,000 be restored to fund the position of Grant Writer.
Seconded by COUNCILOR WINTHROP.
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June 8, 2011
Page 4
MAYOR WALUK said he would oppose the motion because he agreed with a suggestion by
Councilor Leonard that the position could be funded on a commission basis. COUNCILOR
NEVILLE said she supported having funding for grant writing but not with its being funded through
the Maritime Fund, as had been proposed. She asked if grant writing could be taken on by the Senior
Development Planner (Economic Development/CDBG) in the Planning Department. CITY
MANAGER LAVALLEE responded that it could. COUNCILOR NEVILLE said it would make
more sense to have the grant writing combined with that position. COUNCILOR LEONARD said
she, too, would not support using the Maritime Fund for a grant writer and said she believed the
position should be funded on a commission basis.
COUNCILOR NAPOLITANO noted that over four years the City paid $100,000 for the grant writer
who brought in $4 million. She said it is a very important position and she did not believe department
directors, with all the responsibilities they have, would have the time to seek and write grants.
COUNCILOR MC LAUGHLIN responded that the Recreation Director had probably found more
money in grants to support recreation programs, but said he recognized that not everybody will be
able to write grants, and supported having the Senior Development Planner provide grant writing
support to the staff.
VOTE ON THE MOTION TO RESTORE FUNDING FOR THE GRANT WRITER:
In favor - COUNCILORS NAPOLITANO and WINTHROP
Opposed - MAYOR WALUK; COUNCILORS DUNCAN, LEONARD, MC LAUGHLIN
and NEVILLE.
THE MOTION TO ADOPT THE ORDINANCE APPROPRIATING REVENUES ON SECOND
READING WITH FUNDING FOR FIRE DEPT. OVERTIME and A PART-TIME BUILDING
INSPECTOR WAS VOTED UNANIMOUSLY.
c. Resolution, re: Omnibus Property Tax Relief & Replacement Act
MAYOR WALUK moved the resolution be adopted. Seconded by COUNCILOR NAPOLITANO.
COUNCILOR LEONARD said she would like the public to be aware ofthe new tax rates: $9.93 per
$1,000 of assessed valuation for residential properties, and $13.76 for commercial properties.
FINANCE DIRECTOR LAURA SITRIN pointed out that it is a 3.8% increase in the tax rate.
MAYOR WALUK thanked the staff for the time spent in preparing and amending the budget. He
said the Fire Department is the biggest cost driver in the budget because minimum staffing does not
work in this community; and, as a result, other departments are taking hits and will not be able to
provide a complete, high level of service. COUNCILOR MC LAUGHLIN agreed. He said the
overtime issue in the Fire Department is not about the personnel, who provide superb service, but
about the process and problems that have evolved. COUNCILOR DUNCAN agreed with Mayor
Waluk's and Councilor McLaughlin's comments and said what the Fire Department is demanding
falls on the backs of those who are being laid off and departmental reductions.
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June 8, 2011
PageS
COUNCILOR LEONARD said she regretted the 3.8% tax increase because many people are on fixed
incomes, business is down for the local merchants, and people are out of work.
COUNCILOR NAPOLITANO said she didn't think the comments regarding the Fire Department
were prudent because of on-going negotiations, nor should one union be blamed for the tax increase.
COUNCILOR NEVILLE said she would also like to thank the staff for their work on the budget; and,
citing the need to be respectful, she said hoped that within the next 12 months all contract
negotiations will be settled. MAYOR WALUK responded that when he believes there is a group of
employees, such as the Fire Department, who won't work for the betterment ofthe City, he will speak
up.
The motion to adopt the Resolution was VOTED UNANIMOUSLY.
Resolution, re: Authorizing the Tax Levy
MAYOR WALUK moved the Resolution be adopted. Seconded by COUNCILOR WINTHROP and
VOTED UNANIMOUSLY.
Ordinance Amending Chapter 13.12.010 Basic (Sewer) Charge
MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILOR
MC LAUGHLIN.
VOTE: In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLIN,
NAPOLITANO, NEVILLE and WINTHROP.
Opposed - COUNCILOR LEONARD
f. Ordinance Amending Chapter 13.12.015, CSO Fixed Charge
MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILOR
MC LAUGHLIN.
VOTE: In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLIN,
NAPOLITANO, NEVILLE and WINTHROP.
Opposed - COUNCILOR LEONARD
COUNCILOR MC LAUGHLIN moved Items a-14, 15 and 16 be added to the Consent Calendar.
Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
2. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS
THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO
COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)
a. Special Event Licenses:
1) Newport Film, Inc., d/b/a NewportFILM; June 17-August 27, 2011 (list of
DOCKET OF THE COUNCIL
June 8, 2011
Page 6
dates, locations and times attached), and to use Queen Anne Square on July 7,
2011, for a free outdoor screening, beginning at snndown, and to waive the
provisions of Section 12.42.010 of the Codified Ordinances (9:00 p.m. park
closing) (Approve subject to details being worked out with the city
administration)
Commnnication from The Rev. Anne Marie Richards, Rector, Trinity
Church, expressing approval ofthe event.
2) Aquidneck Land Trust, d/b/a "Fiesta Verde" Annual Fnndraiser; 646 Bellevue
Ave., 662 Bellevue Ave., 670 Bellevue Ave., from 6:00 p.m. to 11 :00 p.m.
REMOVED: Elmwal Associates, LLC, d/b/a Music at Long Wharf Shoppes;
3) Women's Resource Center, d/b/a "Beyond the Bounce" Basketball
Tournament; Edward St. Basketball Court, June 18, 2011, from 9:00 a.m. to
6:00p.m.
4) REMOVED: Beluga Froyo, LLC (by Chandra Kent & Brandon Vondera)
5) Event Planners with a Touch of Class (by Rebecca Hanos), d/b/a Yard
Sale/Fundraiser; Elks Lodge, 141 Pelham St., June 25, 2011, from 8:00 a.m. to
2:00p.m.
6) REMOVED: David Lester, Expoships GP. Inc., d/b/a Art Newport/Art Fair
7) Fort Adams Trust, d/b/a Civil War Living History Reenactment; Fort Adams
State Park, July 9, 2011, from 10:00 a.m. to 5:00 p.m.; July 10,2011, from
10:00 a.m. to 2:00 p.m.
8) Newport Art Museum, d/b/a Painters and Patrons Soiree; Newport Art
Museum, 76 Bellevue Ave., July 9,2011, from 6:30 p.m. to Midnight.
9) Robert Potter League for Animals, d/b/a "Tea for Tails"; Miramar, 646
Bellevue Ave., July 10, 2011, from 4:00 p.m. to 6:00 p.m.
10) Newport Festivals Foundation, Inc., d/b/a Newport Festivals Foundation Gala
Fnndraiser; Rosecliff, 548 Bellevue Ave., August 4, 2011, from 7:30 p.m. to
11:00 p.m.
11) St. Peter's Lutheran Church, d/b/a Church & Community Yard Sale, St. Peter's
Church, 525 Broadway, August 20, 2011 (rain date, Aug. 27, 2011), from 9:00
a.m. to 1:00 p.m.
12) REMOVED: Newport Dinner Train, d/b/a "A Day Out With Thomas in
Newport, RI"
13) Newport Art Museum, d/b/a PM Picnics; Newport Art Museum, 76
Bellevue Ave., June 22, July 27 and August 17,2011, from 6:00 p.m. to 8:00
p.m.
14) DAMP LLC, d/b/a FnndraiserlFilm Premier; Jane Pickens Theatre, 49 Touro
St., June 16,2011, from 7:00 p.m. to 10:00 p.m.
15) J Class Association, d/b/a Newport J Class Regatta; Newport Shipyard, Jnne 15
- 19, 2011, from 8 a.m. to 10:00 p.m.
b. Drain Layer License, Renewals:
I) C.B. Utility Co., Inc., 99 Tupelo St., Bristol, RI
2) R. 1. Cawley Contracting, Inc., 110 Connell Highway, Newport, RI
3) Camara Excavating LLC, 48 Common Fence Blvd., Portsmouth, RI
4) Foster Excavation, Inc., 3 Salisbury Rd., Foster, RI
5) J.A.M. Construction, Inc., 77 Pine Tree St., Portsmouth, RI
6) KM Gladding Excavating, 242 America Way, Jamestown, RI
7) Landscaping Services, Inc., 700 Wood St., Bristol, RI
DOCKET OF THE COUNCIL
June 8, 2011
Page 7
8) NCD Developers, Inc., 370 Metacom Ave., Bristol, RI
9) Pond View Excavation Corp., 50 French St., Rehoboth, MA
c. Food Concession License, Seasonal, Renewal, Newport Gulls, Ltd., Cardine's Field.
d. Fortuneteller's License, Renewals:
1) Marie Miller, d/b/a Pauline's Palm & Tarot Card Readings, 421 Thames St.
2) Pauline Miller, d/b/a Pauline's Palm and Card Readings, 421 Thames St.
e. Holiday Selling Licenses, New:
1) Barry Automotive, Inc., d/b/a Barry Newport Nissan Volvo, 166 Connell
Highway
2) Breakwater Surf Company, LLC, d/b/a Surf Co., 306 Thames St.
3) Faus Concept, Inc., d/b/a The Jewelry Boutique, 337 Thames St.
4) Newport Majestic Cruises, Inc., d/b/a Newport Majestic Cruises, 424 Thames
St.
5) Tim Keyes Apparel Group, d/b/a Dixon & McAllister, 604 Thames St.
6) Wagon Wheel Corp., d/b/a Newport Best Sportswear, 246 Thames St.
7) Christina Erwin, d/b/a Newport Bicycle, 89 Dr. Marcus F. Wheatland Blvd.
f. Pedicab Operator License:
1) John Becker, 12 Merton Road, Newport, RI
2) Drew Furtado, 80 Bliss St., Fall River, MA
3) Sean P. Galvin, 36 Red Cross Ave., Newport, RI
4) Joseph J. Keenan, III, 4 Potter St., Newport, RI
5) David B. Vidich, 40 Frontage Rd., Ashford, CT
g. Waste Hauler License, New:
1) CWPM, LLC, 25 Norton Place, Plainville, CT
2) The Holland Companies, LLC, 20 S. Anguilla Rd., Pawcatuck, CT
h. Waste Hauler, License, Renewals:
1) A Star Waste Disposal, P.O. Box 2485, Pawtucket, RI
2) Patriot Disposal Co., Inc., 2208 Plainfield Pike, Johnston, RI
I. Communication from Kris Baker, Administrator, CrossPoint Church, requesting
permission to use Braga Park for their annual church picnic on July 31, 2011, from
Noon to 5:00 p.m.
J. Communication from Max Nuki, Newport Majestic Cruises, requesting permission to
serve alcoholic beverages aboard "The Majestic" prior to departures, in accordance
with its Class G Alcoholic Beverage License granted by the State of RI. (Approve)
k. Claims: (Receive and refer to City Solicitor)
1) Best Western The Mainstay Inn
2) James B. Baker
3) Shawn Bohannan
COUNCILOR MC LAUGHLIN moved the consent Calendar, with the exception ofItems a-3, 5, 7
and 13, and ltemj, be adopted. Seconded by COUNCILOR NAPOLITANO and VOTED
UNANIMOUSLY.
a-3) Elmwal Associates, LLC, d/b/a Music at Long WharfShoppes; Long Wharf Mall,
June 25, July2 and 30, and August 28,2011, from 1:00 p.m. to 5:00 p.m.
DOCKET OF THE COUNCIL
June 8,2011
Page 8
COUNCILOR MC LAUGHLIN moved the date of June 11 be included and the license granted.
Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
a-5) Beluga Froyo, LLC (by Chandra Kent & Brandon Vondera), d/b/a Grand Opening of
Beluga Froyo; 217 Goddard Row, June 19, 2011,from 11:00 a.m. to 10:00 p.m.
COUNCILOR MC LAUGHLIN moved the date of the event be changed to June 18,2011, and the
license granted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
a-7) David Lester, Expoships GP. Inc., d/b/a Art Newport/Art Fair; onboard Sea Fair, Perry
Mill Wharf, June 30, 2011, through September 5, 2011, from 11 :00 a.m. to 9:00 p.m.
COUNCILOR MC LAUGHLIN moved the application be amended to stipulate it would be for
fourteen days, June 30 through July 13,2011. Seconded by COUNCILOR NEVILLE and VOTED
UNANIMOUSLY.
DAVID LESTER, owner of Sea Fair and managing partner of the Art Newport/Art Fair, provided
background information on the art fairs he has held aboard Sea Fair and said it is a cultural attraction
that would attract a substantial number of visitors to Newport. He said the restaurant and food and
beverages, which would be supplied and served by a local business, Blue Rocks Catering, were to be
provided as a courtesy, and mainly for the exhibitors who cannot leave the boat when the exhibit is
open. He noted that the caterer has a RI Class P liquor license, and he additionally has a State Class
G license. He said the boat is federally licensed as an interstate commerce ship, and he has never had
to be licensed by a municipality before, but he applied for a Newport license to be a good neighbor.
He said that, in addition to the cultural experience, he would be providing jobs for locals and a site for
local fund-raising events.
COUNCILOR NEVILLE asked ifhe would be paying taxes. MR. LESTER responded that he would
and that he had obtained his RI Sales Tax ID number. COUNCILOR NAPOLITANO asked why his
stay would be so long in Newport when in other ports the stay was only for one or two weeks. MR.
LESTER responded that he would like to stay longer because it is one of the few places that is
centrally and geographically accessible. MAYOR WALUK asked if dinner would be served in the
restaurant. MR. LESTER responded that it would not, nor would liquor be served after 7 p.m. unless
there were another special event license issued for the occasion.
CITY SOLICITOR JOSEPH lNICHOLSON, JR.. pointed out that both the Class P and Class G
liquor licenses are State-issued licenses; however, the Council has the authority to place reasonable
restrictions on the Special Event License.
BART DUNBAR, owner of Bowen's Wharf, objected to the granting of the license, stating that the
business would be paying no property taxes.
INGRID MARTIN of Blue Rocks Catering said the ship would not be operating as a bar, and she
would be paying local taxes on the food and beverage sales. She said she did not see how this would
not benefit everyone in town.
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June 8, 2011
Page 9
SUE SHELDON, Sheldon Fine Art, objected to the license, stating it was a retail business that would
put local, year-round taxpaying merchants out of business.
MICHAEL JENKINS, representing Bannister's Wharf businesses and marina, said to have the ship
sail into Newport to do business and then sail away is an insult to the year-round merchants.
Following additional discussion, COUNCILOR MC LAUGHLIN moved the license be amended to
have the ship close at 7:00 p.m. and that additional Special Event Licenses would be required for any
openings after 7:00 p.m. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
COUNCILOR DUNCAN said he agreed with those who objected based on the fact that the business
would not be paying property taxes as year-round merchants do.
COUNCILOR WINTHROP said he initially was skeptical of the proposal but now believed it could
have a positive impact on the downtown area. He said he would like to grant the license for the two-
week period to determine the impact it would have. COUNCILOR LEONARD said she agreed with
Councilor Winthrop's comments.
MAYOR WALUK said ifit's determined that Sea Fair has had a favorable impact he would support
extending the license. He said he understands that there is a fear of the unknown, but believed it
could be a positive thing for Newport.
VOTE on the amended license for a two-week duration and a closing time of7:00 p.m.:
In favor - MAYOR WALUK; COUNCILORS LEONARD, MC LAUGHLIN, NAPOLITANO,
NEVILLE and WINTHROP.
Opposed - COUNCILOR DUNCAN
a-13) Newport Dinner Train, d/b/a"A Day Out With Thomas in Newport, RI"; September
1,2,3 and 4, 2011, from 9:00 a.m. to 4:45 P.M.
Request of Robert J. Andrews, Newport Dinner Train, to use a portion of the grass
City land on the north side of the Humphrey 1. Donnelly, III, Transportation &
Visitors Center, August 31 to Sept. 4, 20II, in conjunction with Thomas the Tank
event. (Approve subject to details being worked out with the city administration.
COUNCILOR NEVILLE expressed concern about children crossing back and forth on the street
between the Visitors Center property and the dinner train property. ROBERT J. ANDREWS
responded that there would be a detail police officer throughout the event to ensure public safety.
COUNCILOR WINTHROP moved the license be approved and use of the Visitors Center property
approved subject to details being worked out with the city administration. Seconded by
COUNCILOR LEONARD and VOTED UNANIMOUSLY.
k. Communication from Max Nuki, Newport Majestic Cruises, requesting permission to
serve alcoholic beverages aboard "The Majestic" prior to departures, in accordance
with its Class G Alcoholic Beverage License granted by the State ofR!. (Approve)
DOCKET OF THE COUNCIL
June 8, 2011
Page 10
COUNCILOR DUNCAN recused himself.
MAYOR WALUK moved permission be granted. Seconded by COUNCILOR NEVILLE and
VOTED UNANIMOUSLY.
LICENSES AND PERMITS
3. Application for a Bicycle Rental Agency License, New, Christina Erwin, d/b/a Newport
Bicycle, 89 Dr. Marcus F. Wheatland Blvd. and RJ. Donnelly, III, Transportation and
Visitors Center
MAYOR WALUK moved the license be granted. Seconded by COUNCILOR WINTHROP and
VOTED UNANIMOUSLY.
4. Application for a Class A (indoor) Entertainment License, Diego's Newport, LLC, d/b/a
Diego's, 11 Bowen's Wharf (First Hearing)
MAYOR WALUK moved the license be granted. Seconded by COUNCILOR NAPOLITANO and
VOTED UNANIMOUSLY.
5. Application for a Sidewalk Cafe License, New, Donick's LLC, d/b/a Donick's, 26 Broadway
MAYOR WALUK moved the license be granted. Seconded by COUNCILOR WINTHROP and
VOTED UNANIMOUSLY.
6. Application for a Sidewalk Cafe License, New, Vivienne O'Dwyer, d/b/a People's Cafe, 282
Thames St.
MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO and
VOTED UNANIMOUSLY.
7. Application for a Valet Parking License, The Valet Connection, Inc., d/b/a Valet Connection;
to provide valet services to merchants located in the 450 to 509 Thames St. business district,
with a valet podium at 509 Thames St.
MAYOR WALUK moved the license be granted subject to details being worked out with the city
administration. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
8. APPOINTMENTS TO BOARDS AND COMMISSIONS
MAYOR WALUK moved Lauren Carson be reappointed to the Energy & Environment
Commission. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
COUNCILOR NEVILLE recused herself on the following appointment:
MAYOR WALUK moved Charles Laranjo be reappointed to the Housing Authority of Newport.
Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY. (6-0)
DOCKET OF THE COUNCIL
June 8, 2011
Page 11
MAYOR WALUK moved Susan Ruff be reappointed to the Tree & Open Space Commission.
Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.
ORDINANCES
9. Amending Chapter 10.32.040, of the Codified Ordinances to require that at least 65% of the
residents are represented on a petition for 24-hour residential parking (Second reading)
COUNCILOR NEVILLE moved the ordinance be adopted on second reading. Seconded by
COUNCILOR NAPOLITANO.
COUNCILOR WINTHROP said he was not in favor of 24-hour resident parking and would not
support the motion.
VOTE: In favor - MAYOR WALUK; COUNCILORS LEONARD, NAPOLITANO, and NEVILLE.
Opposed - COUNCILORS DUNCAN, WINTHROP and MC LAUGHLIN.
10. Amending Chapter 5.97.280 ofthe Codified Ordinances to allow pedicabs the use of
Memorial Blvd. West between the hours of 6:00 p.m. to 2:00 a.m.
MAYOR WALUK moved the ordinance be adopted on first reading. Seconded by COUNCILOR
NAPOLITNAO.
COUNCILOR MC LAUGHLIN moved to amend the ordinance to prohibit pedicabs on Franklin
Street. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
The ordinance, as amended, was VOTED UNANIMOUSLY.
COMMUNICATIONS FROM THE CITY MANAGER
II. Communication #4851/11, re: East Bay Consortium-HOME Loan Program
MAYOR WALUK moved the communication be received and the accompanying resolution adopted.
Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.
12. Communication #4852/11, re: Bid Award for Network, Server, and Printer Technical
Support
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
13. Communication #4853/11, re: Bid Award for Water Chemicals
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
DOCKET OF THE COUNCIL
June 8, 2011
Page 12
14. Communication #4854/11, re: Bid Award for Water Works Supplies
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY
15. Communication #4855/1 I, re: Contract #10-042 -- Easton's Beach Stormwater UV
Disinfection System Project Change Order No.2
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO.
COUNCILOR LEONARD asked if it were Change Order No.2 or No.3. CITY MANAGER
EDWARD LAVALLEE responded that it was Change Order No.2. COUNCILOR NEVILLE asked
if Middletown could be charged for the cost. CITY MANAGER LAVALLEE responded that it
could; however, it is a City of Newport project and the City asked that Middletown's drawings be
redesigned because they were inaccurate. COUNCILOR LEONARD said Middletown, therefore,
should pay the cost.
MAYOR WALUK asked if the UV System was operationa1. UTILITIES DIRECTOR JULIA
FORGUE responded that it was; however, there has been little rain, except for that on May 24
th
at
which time it perfolmed as expected.
The motion to approve was VOTED UNANIMOUSLY.
16. Communication #4856/11, re: Bid Award for Decorative Light Maintenance and Repair
Services
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
17. Communication #4857/11, re: Bid Award for Roadway Investment-Local Equity Aid
Program (RI-LEAP)
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
18. Communication #4858/11, re: Award of Contract for Construction Inspection, RI-LEAP
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
19. Communication #4859/11, re: Hammersmith Road Drainage and Roadway
Improvements
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NEVILLE and VOTED UNANIMOUSLY.
DOCKET OF THE COUNCIL
June 8, 2011
Page 13
20. Communication #4860/11, re: Agreement with the Newport Dinner Train for the Temporary
Use of Land at the H.J. Donnelly Transportation & Visitors Center in Conjunction with "A
Day Out With Thomas" Event.
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NEVILLE and VOTED UNANIMOUSLY.
21. Communication #4861111, re: Agreement with Newport Bicycle Rental for the Temporary
Use of Space at the Humphrey J. Donnell, III, Transportation & Visitors Center for a Bicycle
Rental Service Pilot Program
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
22. Communication #4862/11, re: Agreement with Studiomilano for the Temporary Use of Space
at the Humphrey J. Donnelly, III, Transportation & Visitors Center for a Display Center
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO.
MAYOR WALUK said he was opposed to the rental of the space for advertising on a truck, which
would be setting a precedent. COUNCILOR LEONARD agreed, saying the display was tacky.
COUNCILOR WINTHROP asked if Studeomilano was a sponsor of an event. MICHAEL
BRENNAN, Transportation Director, said it was the sponsor of a regatta and the request had come
through the Visitors Center. COUNCILOR WINTHROP said that because it is sponsoring an event
he would support the request.
VOTE; In favor - COUNCILORS NAPOLITANO, NEVILLE and WINTHROP.
Opposed - MAYOR WALUK, COUNCILORS DUNCAN, LEONARD, MC LAUGHLIN.
(The motion to approve failed.)
23. Communication #4863/11, re: Agreement for Transfer of Ownership ofthe Newport Area
Career & Technical Center
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR WINTHROP.
COUNCILOR LEONARD said at a past meeting there was a motion that the city do its own
evaluation of the building and she didn't think that had occurred. CITY MANAGER LAVALLEE
responded that he and the Public Services Director had met with the School custodial staff and went
over the building evaluation report line-by-line. He said one of Council's concerns had been the $4
million in needed improvements cited in the report; however, a number ofthe improvements have
been made. He said the School Department was asked to request more money from the State for
building improvements, and the State granted an additional $200,000 and removed the requirement
DOCKET OF THE COUNCIL
June 8,2011
Page 14
for an elevator. He said it was also stated by the Council that if the State doesn't come through with
the money over the originally-proposed three-year period, the building would go back to the State;
however, the State has now agreed to give the money upon transfer of the property.
COUNCILOR LEONARD, noting that the City has been unable to sell existing, empty school
buildings, questioned why the City would take on another building, and said she wondered why the
State was so anxious to rid itself of this building. MAYOR WALUK said he would support accepting
the building because of vital programs offered in the Career & Technical Center that may be
eliminated by the State if the City doesn't accept the building. COUNCILOR LEONARD asked if
the programs could be moved to another building. PATRICK KELLEY, School Committee Chair,
said they could be moved, but at substantial cost. In response to additional questions from
COUNCILOR LEONARD, he said he did not have the numbers in front of him, but many NewpOlt
students participate in voc/tech courses; and the former school administration building on Broadway
will not be abandoned because it will be used during construction ofthe new elementary school
COUNCILOR WINTHROP said he had no problem with accepting the $13 million building along
with $1.2 million for improvements from the State. COUNCILOR MC LAUGHLIN asked who
would receive the $1.2 million, the City or School Department. CITY MANAGER LAVALLEE
responded that the payment would come to the City to do the repairs.
VOTE ON THE MOTION TO APPROVE:
In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLIN,
NAPOLITANO, NEVILLE, and WINTHROP.
Opposed - COUNCILOR LEONARD.
7:33 P.M. ADJOURNED AS COUNCIL AND CONVENED AS BOARD OF LICENSE
COMMISSIONERS
BOARD OF LICENSE COMMISSIONERS
1. Application of Shiva Corporation, d/b/a Downtown Liquors, 202 Thames St., to transfer 100%
of its stock to Sonal J. Patel. (Hearing)
CHAIRMAN WALUK moved the stock transfer be approved. Seconded by COMMISSIONER MC
LAUGHLIN and VOTED UNANIMOUSLY.
2. Communication from John K. Callaghan, Bellevue Wine and Spirits, re: Newport
Prescription Center, Inc., d/b/a Island Liquors
COMMISSIONER MC LAUGHLIN moved the communication be received and referred to the City
Solicitor for review. Seconded by COMMISSIONER NAPOLITANO.
JOHN CALLAGHAN, owner of Bellevue Wine and Spirits, said that when the City granted the
expansion of Newport Prescription Center's (d/b/a Island Liquors) Class A liquor license, the Council
DOCKET OF THE COUNCIL
June 8, 20II
Page 15
was not aware of the involvement of the Haroonian family, doing business under various names,
including Douglas Drugs, which would be illegal since they already have ownership of a Class A
license. He said he was told that five Douglas Drug employees were installing computers at Island
Liquors. He said having Douglas Drug and the Haroonian family involved in Island Liquors is not
only illegal but would put the owners of other package stores out of business, such as his, and Sully's
Beer, Wine & Spirits, Vickers Liquors, Bridge Liquors, and Rex Liquors, all of whom were present to
object to the Haroonian family involvement.
MAYOR WALUK suggested that the City Solicitor review the information to determine if any local
ordinances are being violated.
MATTHEW LEYS, ESQ., representing Newport Prescription Center, Inc., said the Prescription
Center is in compliance with all laws and the rumors are unfounded. He said Newport Prescription
Center has a consulting relationship with Douglas, which is not illegal. COUNCILOR LEONARD
said the City Solicitor would be able to review the information on the website and go to the Liquor
Control Division of the State Department of Business Regulations. CITY SOLICITOR JOSEPH J.
NICHOLSON said he would look into the matter.
KEITH KYLE, Esq., representing Vickers Liquors, Bridge Liquors, Sully's Beer, Wine & Spirit's,
Rex Liquors, and Bellevue Wine and Spirits, commented on a 2004 matter when the Haroonian
family attempted to open a large liquor store on J. T. Connell Highway under another name. He said
the Council denied the license when it was discovered the drawings submitted with the application
stated in small print that they were prepared for the Haroonians. He said he would like the Council at
their next meeting to have a hearing on the matter to explore the Haroonians ownership or
involvement with Island Liquors. CHAIRMAN WALUK said the matter would be dealt with based
upon the advice of the City Solicitor.
DAVID WHALLEY of Newport Prescription Center, Inc., stated that the allegations being made
were all false and he would be happy to answer any questions the Board might have.
The motion to receive the communication and refer it to the City Solicitor was VOTED
UNANIMOUSLY.
8:42 P.M. Adjourned
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
MINUTES OF THE COUNCIL MEETING
HELD JUNE 22, 2011
The following items of business, filed with the City Clerk under the Rules of the Council, came
before the Council at its regular meeting held on June 22.
The MAYOR called the meeting to order at 5:30 p.m. in the Cafeteria of Thompson Middle School.
The CITY CLERK called the roll and the following members were present:
CHARLES y. DUNCAN
KATHRYN E. LEONARD
JUSTIN S. MC LAUGHLIN
JEANNE-MARIE NAPOLITANO
NAOMI NEVILLE
STEPHEN C. WALUK, MAYOR
HENRY F. WINTHROP
COUNCILOR MC LAUGHLIN moved the Council convene in Executive Session in Room #232A,
pursuant to RIGL 42-46-5, "Purposes for Which Meetings May Be Closed... ," Paragraphs (a)(l)
"Personnel Matters"; and (a)(2) "Collective Bargaining or Litigation"; to discuss the pending vacancy
ofthe position of City Manager and the IAFF collective bargaining agreement. Seconded by
COUNCILOR WINTHROP and VOTED UNANIMOUSLY (5-0). (Councilors Leonard and Neville
arrived shortly after the roll call.)
At 6:30 p.m. the Council reconvened in Open Session.
CITIZEN'S FORUM: AARON BUEHLER, 30 Vaughan Ave., a member ofthe Newport Fire
Department, responded to comments made previously by Councilor Duncan comparing a fire
fighter's being in harm's way with someone in the military stationed in Afghanistan, who, Councilor
Duncan said, would be making a lot less money. MR. BUEHLER said in 2004 he spent a year in
combat in Iraq and earned $16,100 more than if he had he been working for the Fire Department
during that time; and a member ofthe Department currently serving in Afghanistan will be earning
$22,900 more than ifhe were working here for the Fire Department. He said the military does not
require payments towards retirement and health care; and one serving in combat receives military
pay, family separation pay, hazardous duty pay, housing, etc. He said everyone is aware ofthe
military men and women putting their lives on the line in combat; however, it should be noted that 85
fire fighters died in the line of duty in the US during the past year and he believed it was fruitless and
argumentative for Councilor Duncan to compare the two. He said comments such as Councilor
Duncan's serve only to harm attempts to have the City and union come together in resolving issues.
ANNETTE BOURBONNIERE, 33A DeBlois St. (Chair of the Accessibility Commission) said she
appreciated being able to attend the council meeting as a "regular citizen" and not separated because
of the lack of accessibility of the Council Chambers. She said she hoped the Council would
periodically hold meetings at Thompson Middle School until City Hall is completely accessible.
COUNCILOR MC LAUGHLIN moved the Rules of the Council be suspended to add items a-24 and
a-25 to the Consent Calendar. Seconded by COUNCILOR NAPOLITANO and VOTED
UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
HELD JUNE 22, 2011
Page 2
1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL
REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-
80 AND #98-40.)
a. Special Event Licenses:
1) Chelsea's Restaurant, d/b/a "Bucks for Brian" Fundraiser; Elks Lodge, 141
Pelham St., June 24, 2011, from 6:00 p.m. to 11:00 p.m.
2) Elmwal Associates, LLC, d/b/a "Afternoon Music at the Long Wharf Shops";
Long Wharf Mall, June 26; July 9,10,16,24; August 6, 7, and 21, 2011, from
1:00 p.m. to 5:00 p.m.
3) David Lester, Expoships GP. Inc., d/b/a Art Newport Preview Evening; aboard
Sea Fair, Perry Mill Wharf, June 30, 2011, from
6:00 p.m. to 10:00 p.m.
4) David Lester, Expoships GP. Inc., d/b/a Art Newport July 4
th
Fireworks
Celebration, aboard Sea Fair, Perry Mill Wharf, July 4, 2011, from 11 :00 a.m.
to 10:00 p.m.
5) Rose Island Foundation, d/b/a Rose Island 4
th
of July Fireworks; Rose Island,
July 4, 2011, from 6:30 p.m. to 10:30 p.m.
6) Sail Newport, d/b/a The Newport Regatta/Regatta Socials; Fort Adams State
Park, July 8, 2011, from 4:00 p.m. to 8:00 p.m.; July 9, 2011, from 4:00 p.m. to
II :00 p.m., and July 10, from 4:00 p.m. to 8:00 p.m.
7) REMOVED: Kitt Kites, d/b/a Newport Kite Festival; Brenton Pt State Park.
8) Japan- America Society and Black Ships Festival of RI, d/b/a 20II Black Ships
Festival, Long Wharf Mall:
Request to use Long WharfMall--
July 14: Navy Band Northeast Salutes Black Ships Festival, 6:00-7:00p.m.;
July 16: Japanese-American Market and Taiko Drum performance, 11:00
a.m. to 4:00 p.m.;
July 17: Japanese-American Market, 11 :00 a.m. to 4:00 p.m., Army Band
Performance, 3:00 p.m. to 4:00 p.m.
9) Japan-America Society, d/b/a 2011 Black Ships Festival; Touro Park, July IS,
from 10:30 to 12 Noon; July 16, from 10:00 a.m. to 3:30 p.m.
10) Japan-America Society and Black Ships Festival ofRI, d/b/a 2011 Black Ships
Festival Sister City Gala; Rosecliff, July 16, 2011, from 6:30 p.m. to 11:30
p.m.
11) Japan-America Society, d/b/a 2011 Black Ships Festival Taiko Drummers;
Cardines Field, July 17, from 12 Noon to 1:30 p.m.
12) Rhode Island Arts Foundation at Newport, Inc., d/b/a Newport Music Festival:
.JJ The Breakers, 44 Ochre Point Ave.: July 10,11,12,17,18,19, 2011, from
8:00 pm. to 10:00 p.m.; July 8, 9,14, IS, 16,21,23,24,2011, from 9:00
p.m. to 11 :00 p.m.; July 20 and 22, 2011, from 7:00 p.m. to 10:30 p.m.
.JJ CrossPoint Church, 14 Rhode Island Ave.: July 9,10, 13,22,23 and 24,
2011, from 4:00 to 6:00 p.m. and from 7:00-8:00 p.m. on July 23
rd
.
.JJ The Elms, 367 Bellevue Ave.: July 8-12; July 14; July 17-24,2011, from
II :00 a.m. to 1:00 p.m.
.JJ The Elms Tent, 367 Bellevue Ave.: July 15,2011, from 2:00 p.m. to 4:00
p.m. and 5:00 p.m. to 7:00 p.m.; July 16, 2011, from 1l:00 a.m. to 1:00
p.m., from 2:00 p.m. to 4:00 p.m., and from 5:00 p.m. to 7:00 p.m.; July 17,
2011, from 2:00 p.m. to 4:00 p.m.
MINUTES OF THE COUNCIL MEETING
HELD JUNE 22, 2011
Page 3
lJ Newport Art Museum, 76 Bellevue Ave.: July 13 and 15,2011,from 11:00
a.m. to 1:00 p.m.
lJ Salve Regina University, Ochre Court, 16 Ochre Point Ave.:
July 11,12,14,18,19,20 and 21,2011, from 4:00 p.m. to 6:00 p.m.; plus
from 6:00 p.m. to 7:00 p.m. on July 14
th
, and from 6:30 to 8:30 p.m. on July
21st.
13) George Washington Institute for Religious Freedom/Loeb Visitors Center at
Touro Synagogue, d/b/a "Moses Michael Hays Day"; July 10,2011, Sidewalk
March (route attached to application) from 2:00 p.m. to 3:00 p.m.; presentation
in the Colony House, from 3:00 p.m. to 4:00 p.m.; July 11, 2011, presentation
inside Colony House, from 5:30 p.m. to 6:30 p.m.
14) Redwood Library, d/b/a "The Grand Old Flag" Gala Fundraiser; Redwood
Library (outdoor, under tents), 50 Bellevue Ave., July 16,2011, from 6:30 p.m.
to 11 :00 p.m.
15) REMOVED: Turning Around Ministries, Inc., d/b/a "And Still We Rise"
Theatrical Presentation; Salve Regina University, O'Hare Academic Center,
Ochre Point Ave.; July 16,2011, from 3:00 p.m. to
5:30 p.m.
16) REMOVED: Arts & Cultural Alliance of Newport County (by John
Hirschboeck), d/b/a Bridgefest Preview Party/Fundraiser
17) St. John the Evangelist Church, d/b/a St. John's Parish Aunual Summer fair;
Church grounds at Washington and Willow Streets, July 30,2011, from 9:00
a.m. to 2:00 p.m.
18) Channing Memorial Church, d/b/a Carillon Concert (performed on trailer
parked on street adjacent to Touro Park and across from 135 Pelham St.; July
31,2011, from 1:00 p.m. to 3:00 p.m.
19) REMOVED: Arts & Cultural Alliance of Newport County (by John
Hirschboeck), d/b/a "Arts Mingling at Bridgefest 2011"; aboard "Sea Fair"
20) REMOVED: Arts & Cultural Alliance of Newport County (by John
Hirschboeck), d/b/a "George Wein & Guests at Bridgefest 2011";
21) Boys & Girls Clubs of Newport County, d/b/a Dinner Dance; Rosecliff,
Bellevue Ave., August 26, 2011, from 7:00 p.m. to Midnight
22) Bucket Regattas, LLC, d/b/a 2011 Newport Bucket Regatta/Sailboat Race;
Newport Shipyard, 1 Washington St., August 26, from 9:00 a.m. to 11 :30 p.m.;
August 27, from 9:00 a.m. to Midnight; August 28, from 9:00 a.m. to 11 :00
a.m.
23) St. Joseph's Church, d/b/a Harvest Fair; St. Joseph's Church Hall, 5 Mann
Ave., November 5, 2011, from 9:30 a.m. to 4:00 p.m.
24) Lillian Dick and Elizabeth Drayton, Co-Chairs, Washinron Square Roots,
d/b/a "Patriotic 4
th
of July"; Washington Square, July 4
t
,2011, from 9:00 a.m.
to 2:00 p.m. (with walk from State Fishing Pier to Old Colony House, and
Newport Community Band)
25) International Tennis Hall of Fame, d/b/a Keb'Mo' Benefit Concert for the
International Tennis Hall of Fame & Museum; Newport Yachting Center, 4
Commercial Wharf; July 10,2011, from 7:00 p.m. to 9:30 p.m.
b. Annual Bingo License, Dr. Martin Luther King, Jr., Community Center, 20 Dr.
Marcus F. Wheatland Blvd.
c. Drain Layer License, Renewals:
MINUTES OF THE COUNCIL MEETING
HELD JUNE 22, 2011
Page 4
1) All Island Landscape, Inc., 2829 East Main Rd., Portsmouth, RI
2) Catalano Construction, Inc., 10 Nate Whipple Highway, Cumberland, RI
3) DAR Construction and Services, 158 Moulton St., Rehoboth, MA
4) East Coast Construction & Landscaping, Inc., 202 Chase Rd., Portsmouth, RI
5) H. Lacerda Jr. Landscaping & Construction, 465 Oliphant Lane,
Middletown, RI
6) Joseph C. Lopes II, 345 Mitchells Lane, Middletown, RI
d. Holiday Selling License, Susette Stewart, d/b/a Su Darius Salon, 59-1/2 Bellevue Ave.
(new location)
e. Holiday Selling License, New, CNCC Holdings, LLC, d/b/a Active Sole, 16 Bowen's
Wharf
f. Pedicab Operator License:
1) Amelia Bronder-Giroux, 40 Sprague St., Malden, MA
2) Annie Hamilton, 9 Price's Neck, Newport, RI
3) Timothy P. Kircorian, 6 Jean St., Cumberland, RI
4) Chris Lull, 87 Hanover St., Newbury, MA
5) Harry Morrell, 42 Inkberry Trail, Narragansett, RI
6) Patrick O'Neill, 305 Kane Ave., Middletown, RI
7) Scott Pakenham, 3 Seneca Rd., Portsmouth, RI
8) Sarah Thomas, 49 Columbia Ave., Cranston, RI
9) Travis Wright, 56 Pelham St., Newport, RI
g. Tattoo License (operator/artist), Renewal, Captain Bret's Tattoo Shop, 2 Collins Street.
h. Waste Hauler License, Renewals:
I) Allied Waste Services, 1080 Airport Rd., Fall River, MA
2) Island Rubbish Service, 8 Swinburne St., Jamestown, RI
3) Pasquazzi Bros., Inc./Heather Construction Corp., 464 Dyer Ave., Cranston, RI
4) Roll-A-Way Disposal, 86 Knight St., Warwick, RI
5) RPKK, Inc., P.O. Box 126, Woodriver Junction, RI
I. REMOVED: Communication from Felicidad Zeballos on behalf of the Spanish
community of St. Joseph's Church, asking permission to use Braga Park
J. Communication from George J. Botelho, Jr., 109 Second Street, asking permission to
close Second Street, between Sycamore St. and Van Zandt Ave., on July 23, 2011,
from 4:00 p.m. to 8:00 p.m. for the neighbor-hood's Fifth Annual Block Party
(Approve subject to details being worked out with the city administration)
k. Communication from Shawn J. Brown, Town Manager, Middletown, re: Notice of
Intention to Undertake Certain Permitted Actions on Plat 1078, Lots 4 and 556 (to
place a fence around Kempenaar Valley) (Approve)
I. Communication from Annette Bourbonniere, Chair, Accessibility Advisory
Committee, recognizing Gregg Grimshaw for his service as liaison to the committee.
(Receive)
m. Claims: (Receive and refer to city solicitor)
1) Newport Gas Light Company
2) RDI Logistics, Inc.
COUNCILOR MC LAUGHLIN moved the Consent Calendar be adopted, with the exception ofItems
a-7, 15, 16, 19 and 20, and i. Seconded by COUNCILOR NAPOLITANO and VOTED
UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
HELD JUNE 22, 2011
PageS
a-6) Kitt Kites, d/b/a Newport Kite Festival; Brenton Point State Park July 9 and 10, 20II,
from 10:00 a.m. to 5:00 p.m.
COUNCILOR LEONARD said she had received a letter from the Castle Hill Association,
representing 85 homes in the area of Brenton Point, as well as e-mails and telephone calls from
residents, all in opposition to the Kite Festival. She said concerns from last year include a person
directing traffic with vulgarities on the back of his tee shirt, campers illegally parked in the park
overnight, all kinds of items being sold in the park, and cars illegally parked everywhere, all of which
made for chaos in the neighborhood. She also made note that five members ofDEM were observed
at the park, but some spent the day in their air-conditioned trucks until DEM was notified.
RON KITT, applicant, responded that people camping had nothing to do with the Kite Festival, those
working at the Kite Festival wore staff shirts, staff personnel parking cars wore orange shirts, and the
person directing traffic with vulgarities on his shirt was not part of his organization. He said it is a
family-friendly event. He said he had only two vendors last year, Del's Lemonade, and a tent giving
out free food and kites. He said a financial institute that was a sponsor ofthe event was also giving
out free information. He said two speakers are placed in the far field and used for those who fly their
kites to music. CITY MANAGER EDWARD LAVALLEE noted that events occurring within the
park are under the control of the Department of Environmental Management, while parking
enforcement outside the park comes under the jurisdiction ofthe Newport Police Department. He
noted that the Police Chief has recommended two detail officers be hired for this year's event.
COUNCILOR NAPOLITANO said she had attended the event the last couple of years and was
shocked at what she saw last year-about 20 vendors, which made it look like a flea market. MR.
KITT responded that it would have been up to DEM to regulate that and noted that parking
management and staff are in the park during the festival. COUNCILOR LEONARD stated that Mr.
Kitt needed to hire DEM enforcement officers to keep things under control. MAYOR WALUK said it
would be unfair to have an event sponsor responsible for everything that goes on it the park; rather,
DEM should be addressing the problem. MR. KITT said he had paid last year for aDEM
enforcement officer. He said the weather durin%last year's event was not that great and questioned if
the events that occurred were actually on July 4
t

Following additional discussion, MAYOR WALUK moved the license be granted subject to two
detail officers being hired for traffic and parking control, the speakers' being faced towards the ocean,
and a list of vendors being provided to the City. Seconded by COUNCILOR NAPOLITANO.
VOTE: In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLIN,
NAPOLITANO, NEVILLE and WINTHROP.
Opposed - COUNCILOR LEONARD
a-15) Turning Around Ministries, Inc., d/b/a "And Still We Rise" Theatrical Presentation;
Salve Regina University, O'Hare Academic Center, Ochre Point Ave.; July 16,2011,
from 3:00 p.m. to 5:30 p.m.
COUNCILOR DUNCAN recused himself.
MINUTES OF THE COUNCIL MEETING
HELD JUNE 22, 2011
Page 6
MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO and
VOTED UNANIMOUSLY.
a-16) Arts & Cultural Alliance of Newport County (by John Hirschboeck), d/b/a Bridgefest
Preview Party/Fundraiser for Child & Family Services; aboard "Sea Fair" at Perry Mill
Wharf, July 29, 2011, from 7:00 p.m. to 10:30 p.m.
COUNCILOR MC LAUGHLIN moved the license be approved with the amendments requested by
the applicant stating that the fundraiser would be for the benefit of the Arts & Cultural Alliance
instead of Child & Family Services, on July 29
th
with amended hours of 5:00 p.m. to 7:30 p.m.
Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
a-19 Arts & Cultural Alliance of Newport County (by John Hirschboeck), d/b/a "Arts
Mingling at Bridgefest 2011"; aboard "Sea Fair" at Perry Mill Wharf, August 1,2011,
from 5:00 p.m. to 7:00 p.m.
COUNCILOR MC LAUGHLIN moved the application be withdrawn at the request of the applicant.
Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
a-20) Arts & Cultural Alliance of Newport County (by John Hirschboeck), d/b/a "George
Wein & Guests at Bridgefest 2011"; aboard "Sea Fair" at Perry Mill Wharf, August 3,
2011, from 5:00 p.m. to 7:00 p.m.
COUNCILOR MC LAUGHLIN moved the application be approved, as amended at the request of the
applicant to state the hours of the event would be from 7:00 p.m. to 8:30 p.m. Seconded by
COUNCILOR NEVILLE and VOTED UNANIMOUSLY.
I. Communication from Felicidad Zeballos on behalf of the Spanish community of St.
Joseph's Church, asking permission to use Braga Park for their anuual picnic, July 17,
2011, from 12 Noon to 6:00 p.m.
Communication from Susan Cooper, Recreation Director, in support of the
request.
COUNCILOR MC LAUGHLIN said a neighbor of the park had asked if people using the park are
required to properly clean up after their events. CITY MANAGER LAVALLEE, noting that
Recreation Director Susan Cooper had sent a letter of support for this event, said that she had
indicated that there have been some litter problems resulting from large families and gatherings and
other informal uses of the park because of the limited number oftrash barrels; however, with city-
approved events all trash is removed from the park.
COUNCILOR MC LAUGHLIN moved the license be approved subject to details being worked out
with the city administration. Seconded by COUNCILOR NAPOLITANO and VOTED
UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
HELD JUNE 22, 2011
Page 7
LICENSES AND PERMITS
2. Application for an Annual Public Entertainment License, Diego's Newport, LLC, d/b/a
Diego's, 11 Bowen's Wharf (Second Hearing)
MAYOR WALUK moved the license be approved. Seconded by COUNCILORNAPOLITANO and
VOTED UNANIMOUSLY.
3. Application for a Victualing License, New, Crazy Dough Newport, LLC, d/b/a Crazy Dough's
Pizza, 446 Thames St.
MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO.
COUNCILOR LEONARD cautioned that people should not congregate on the sidewalk or block
traffic while waiting to get inside, which could result in a showcause hearing.
The motion to grant the license was UNANIMOUSLY APPROVED.
COMMUNICATIONS AND PETITIONS
4. Communication from Hank Kniskern, Chair, Waterfront Commission, re: Commission
Initiative to review Harbor Ordinances with subsequent recommendations.
HANK KNISKERN commented that all of the ordinances and the Harbor Plan are being thoroughly
reviewed to eliminate any discrepancies, as well as any conflicts with CRMC stipulations. He said
some changes to the mooring regulations might also be recommended. He suggested that once review
is complete a public workshop would be in order.
MAYOR WALUK moved the communication be received. Seconded by COUNCILOR WINTHROP
and VOTED UNANIMOUSLY.
5. Communication from Andrew Montelli, 14 Seaview Ave., and Douglas G. Hancher, 16
Seaview Ave., re: Placing Existing Aerial Utility Lines Underground at the Western End of
Seaview Ave.
DOUGLAS HANCHER, 16 Seaview Ave., said all of the work would be done at the residents'
expense.
MAYOR WALUK moved the request be received and referred to the city administration to work out
the details. Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.
6. Communication from Scooter World, LLC, requesting permission to use a section ofthe Ann
Street Pier for Jet Ski rentals.
ROBERT BIDLACK, representing Scooter World, LLC, said he was seeking to rent a portion of the
Ann Street Pier for jet ski moorings and overnight storage.
MINUTES OF THE COUNCIL MEETING
HELD JUNE 22, 201 I
Page 8
COUNCILOR MC LAUGHLIN asked for the Harbor Master's recommendation. CITY MANAGER
ED LAVALLEE responded that the Harbor Master had no problem with granting the request.
COUNCILOR LEONARD said she had concerns about liability and insurance issues and said she
would like the request referred to the Waterfront Commission. COUNCILOR WINTHROP
responded that it would be up to the Council to make the decision, not the Commission.
COUNCILOR NEVILLE expressed concern about jet skis operating in Newport Harbor. MAYOR
WALUK said he was also concerned about public access as this would limit access to the Pier. He
said he would like a contract in front of the Council before voting on the matter. COUNCILOR
WINTHROP suggested approving the request subject to details being worked out with the city
administration. MAYOR WALUK disagreed, stating there first should be a contract to review. CITY
MANAGER LAVALLEE responded that a contract would be prepared and submitted to the Council.
MAYOR WALUK moved the matter be referred to the city administration for development of a
contract that would be brought back to the Council for consideration. Seconded by COUNCILOR
MC LAUGHLIN.
VOTE: In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLIN,
NAPOLITANO and WINTHROP.
Opposed - COUNCILORS LEONARD and NEVILLE.
7. APPOINTMENTS TO BOARDS AND COMMISSIONS
MAYOR WALUK moved COUNCILOR MC LAUGHLIN be reappointed and COUNCILOR
WINTHROP be appointed as the council liaisons to the Newport Regional School District Planning
Committee. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
MAYOR WALUK moved Alexandra Allardt be appointed to the Hospitality Commission.
Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
MAYOR WALUK moved Daniel T. Christina and Ken M. Nomiyama be appointed to the Tree and
Open Space Commission. Seconded by COUNCILOR MC LAUGHLIN and VOTED
UNANIMOUSLY.
MAYOR WALUK moved Alternate Member Gregory Yalanis be raised to full membership on the
Zoning Board of Review. Seconded by COUNCILOR MC LAUGHLIN and VOTED
UNANIMOUSLY.
MAYOR WALUK moved Lynn Ceglie be appointed to the Zoning Board of Review. Seconded by
COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.
MAYOR WALUK moved Rebecca McSweeney be reappointed Chair of the Zoning Board of
Review. Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
HELD JUNE 22, 2011
Page 9
ORDINANCES
8. Amending Chapter 5.97.280 of the Codified Ordinances to prohibit the use of pedicabs on
Memorial Blvd. West, between 2:00 a.m. and 6:00 p.m., and on Franklin Street.
MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILOR
MC LAUGHLIN and VOTED UNANIMOUSLY.
COMMUNICATIONS FROM THE CITY MANAGER
9. Communication #4864/11, re: 2009 Assistance to Firefighters Grant, 800MHz Radio
Equipment
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
10. Communication #4865/11, re: Amendment to Chapter 5.46 of the Codified Ordinances,
entitled, "Farmer's Market"
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
ordinance adopted on first reading. Seconded by COUNCILOR NAPOLITANO and VOTED
UNANIMOUSLY.
11. Communication #4866/11, re: Grant Support - Morale, Welfare & Recreation at Naval Station
Newport
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO.
COUNCILOR NAPOLITANO thanked both Recreation Director Susan Cooper for securing the grant
and the Navy for having the concert; and, citing Ms. Cooper's upcoming retirement, said she would
be missed. She noted that Ms. Cooper had secured numerous grants, not only for the Recreation
Department but for the School Department as well.
The motion to approve was VOTED UNANIMOUSLY.
12. Communication #4867/11, re: Authorization Amendment #4, Professional Services as City
Advisor for Water Treatment Plan Improvements-Project #08-028
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO.
In response to questions from COUNCILOR LEONARD, CITY MANAGER LAVALLEE said this
was the fourth amendment to the original contract that was negotiated in 2008, at which time it had
been explained that there would be five phased-in steps. COUNCILOR LEONARD said she would
rather have seen the work go out to bid in an attempt to secure a better price.
)
MINUTES OF THE COUNCIL MEETING
HELD JUNE 22, 2011
Page 10
VOTE: In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLIN,
NAPOLITANO, NEVILLE and WINTHROP.
Opposed - COUNCILOR LEONARD.
7:29 P.M. COUNCILOR MC LAUGHLIN moved the Council recess and convene as the Board of
License Commissioners. Seconded by COUNCILOR WINTHROP and VOTED
UNANIMOUSLY.
)
7:30P.M.
8:29P.M.
COUNCIL RECONVENED. COUNCILOR MC LAUGHLIN moved the Council return
to Executive Session in Room 232A. Seconded by COUNCILOR WINTHROP and
VOTED UNANIMOUSLY.
COUNCILOR MC LAUGHLIN moved the Council return to open session, at which time
he moved the Minutes'be sealed, and the Council adjourn. Seconded by COUNCILOR
NAPOLITANO and VOTED UNANIMOUSLY.
BOARD OF LICENSE COMMISSIONERS
CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL
REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH
ORDINANCES #31-80 AND #98-40.)
)
1.
2.
Class F Daily Liquor License:
a) Rose Island Lighthouse Foundation, d/b/a Fourth of July Barbeque; Rose Island, July
4,2011.
b) Class F Daily Liquor License, S1. John the Evangelist Church, d/b/a Annual Summer
Fair, July 30, 2011.
Class F-1 Daily Liquor License:
a) Sail Newport, Inc., d/b/a The Newport Regatta; Fort Adams State Park, July 8 - 10,
2011.
b) Rhode Island Arts Foundation at Newport, Inc., d/b/a Newport Music Festival:
f,I The Breakers, 44 Ochre Point Ave.: July 10,11, 12, 17, 18, 19,2011, from 8:00 pm.
to 10:00 p.m.; July 8, 9,14,15,16,21,23,24,2011, from 9:00 p.m. to 11:00 p.m.;
July 20 and 22, 2011, from 7:00 p.m. to 10:30 p.m.
f,I The Elms, 367 Bellevue Ave.: July 8-12; July 14; July 17-24, 2011,from 11:00
a.m. to 1:00 p.m.
f,I The Elms Tent, 367 Bellevue Ave.: July 15,2011, from 2:00 p.m. to 4:00 p.m. and
5:00 p.m. to 7:00 p.m.; July 16, 2011, from 11:00 a.m. to 1:00 p.m., from 2:00 p.m.
to 4:00 p.m., and from 5:00 p.m. to 7:00 p.m.; July 17,2011, from 2:00 p.m. to
4:00p.m.
f,I Newport Art Museum, 76 Bellevue Ave.: July 13 and 15,2011, from 11 :00 a.m. to
1:00 p.m.
MINUTES OF THE COUNCIL MEETING
HELD JUNE 22,2011
Page 11
~ Salve Regina University, Ochre Court, 16 Ochre Point Ave.:
July 11, 12, 14, 18, 19,20 and 21, 2011, from 4:00 p.m. to 6:00 p.m.; plus from
6:00 p.m. to 7:00 p.m. on July 14
th
, and from 6:30 to 8:30 p.m. on July 21
st
.
CHAIRMAN WALUK moved the Consent Calendar be adopted. Seconded by COMMISSIONER
WINTHROP and VOTED UNANIMOUSLY.
7:30 P.M. COUNCILOR MC LAUGHLIN moved the Board of License Commissioners adjour and
the Council reconvene. Seconded by COUNCILOR WINTHROP and VOTED
UNANIMOUSLY.
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
MINUTES OF THE COUNCIL MEETING
HELD JULY 13, 2011
The following items of business, filed with the City Clerk under the Rules of the Council, came
before the Council at its regular meeting held on July 13,2011.
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. DUNCAN
KATHRYN E. LEONARD
JUSTIN S. MC LAUGHLIN
JEANNE-MARIE NkPOLITANO
NAOMI NEVILLE
STEPHEN C. WALUK, MAYOR
HENRY F. WINTHROP
CITIZEN'S FORUM:
JOHN HIRSCHBOECK, 410 Gibbs Ave., commented on the activities of the Third Annual
BridgeFest that will be held from August 1 through August 4, 2011.
1. PUBLIC HEARING: Aquidneck Island Reuse Planning Authority Recommendation-
Navy Hospital
a. Communication #4868 from the City Manager, re: Navy Hospital-AIRPA
Reuse Plan Recommendation (with accompanying resolution)
b. Resolution ofthe Town of Middletown endorsing the plan of AIRPA for the
conveyance and reuse of Navy surplus lands in the Town of Middletown.
WILLIAM CORCORAN, JR., of the Newport Redevelopment Agency said the plan had been
reviewed extensively by the Agency and it is their recommendation that, in addition to there being an
economic benefit conveyance, there also be a public benefit conveyance, which would include two
acres of land for a public park and the three acres of submerged land for a marina or public use. He
said the economic development conveyance would be a collaboration between BRAC and the City so
that the City could get funding at a reduced rate and when the City sells the land, the proceeds would
be shared with BRAC. He said it would also give the City control over the use of the property.
COUNCILOR MC LAUGHLIN moved the public hearing be closed. Seconded by COUCILOR
NAPOLITANO and VOTED UNANIMOUSLY.
MAYOR WALUK moved the communication be received and the resolution adopted. Seconded by
COUNCILOR MC LAUGHLIN.
COUNCILOR MC LAUGHLIN moved the resolution be amended to reflect both a public benefit
conveyance and an economic development conveyance. Seconded by COUNCILOR NAPOLITANO
and VOTED UNANIMOUSLY.
The resolution, as amended, was UNANIMOUSLY ADOPTED.
MINUTES OF THE COUNCIL MEETING
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2. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL
REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-
80 AND #98-40.)
a. Minutes of the May 25, 2011, Council Meeting, (Approve)
b. Special Event Licenses:
I) REMOVED: David Lester, Expoships GP Inc., d/b/a Art Newport
2) Rose Marie Kane, d/b/a Building Fundraiser; Newport Elks Lodge, 141 Pelham
St., July 23, 2011, from 1:00 p.m. to 8:00 p.m.
3) Bailey T's Resortwear, d/b/a "Public Band Concert Celebrating 2
nd
Anniversary of Bailey T's (in conjunction with Bridgefest); Long Wharf Mall,
August 1,2011, from 6:30 p.m. to 7:30 p.m.
4) Boys Town New England, Inc., d/b/a 2011 Spirit of Youth/Fundraising Event;
Easton's Beach Rotunda Ballroom, October 6, 2011, from 5:00 p.m. to 10:00
p.m.
5) Mary Ann Martin, d/b/a Unique Boutique Craft Fair; Easton's Beach Rotnnda,
November 12 & 13,2011, from 10:00 a.m. to 4:00 p.m.
c. Food Concession License, St. John's Church, d/b/a Summer Fair; St. John's Church
at Washington and Willow Streets, July 30, 2011, from 10:00 a.m. to 2:00 p.m.
d. Drain Layer License, Renewals:
I) Aquidneck Construction, Inc., 45 Lehigh Terrace, Portsmouth, RI
2) Mello Construction Co, Inc., 87 Beacon St., Middletown RI
3) Narragansett Improvement Co., 223 Allen's Ave., Providence, RI
e. Holiday Selling Licenses, New:
I) Bunnies Unlimited LLC, d/b/a Sequin, 182 Bellevue Ave.
2) Curtis Barton, d/b/a Old Man & The Sea, 99 Spring St.
3) Palm Beach Apparel Group, Inc., d/b/a Charlotte Kellogg, 206 Bellevue Ave.
f. Holiday Selling License, Renewals:
I) Gregory Jordan & Andrew Borer, d/b/a House of Scrimshaw and Gifts, 132
Thames St.
2) Gregory Jordan & Andrew Borer, d/b/a Newport Best Tee Shirts, Sweatshirts,
Souvenirs, 107 Swinburne Row
3) Gregory Jordan & Andrew Borer, d/b/a New Store, The, 101 Swinburne Row
4) Gregory Jordan & Andrew Borer, d/b/a T Shirt Town, 182 B Thames St.
5) Gregory Jordan & Andrew Borer, d/b/a Souvenir Stop, The, 115 Swinburne
Row
6) Gregory Jordan & Andrew Borer, d/b/a Souvenir Stop II, The, 359 Thames St.
UnitF2
g. Pedicab Operator License:
I) Brandt Genga, 37 Connection St., Newport, RI
2) Kevin Joyner, 31 East Bowery St., Newport, RI
3) Mark Lennon, 202 Pasquisett Tr., Charlestown, RI
4) William Oberg, 13 Chapel St., Newport, RI
5) Alyson Rego, 103 Hezekiah Court, Warren, RI
6) Brandon Ruggiero, 676 Thames St., Newport, RI
7) Robert W. Thompson, 80 Crosswynds Dr., Saunderstown, RI
8) Steven Wilhelmsen, 6 Whitwell Ave., Newport, RI
h. Waste Hauler License, Renewals:
I) ABC Disposal Service Inc., 1245 Shawmut Ave., New Bedford, MA
MINUTES OF THE COUNCIL MEETING
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Page 3
2) Coastal Recycling Inc., 761 Great Rd., North Smithfield, RI
3) M & M Disposal, 46 Shun Pike, Johnston, RI
4) MTG Disposal, 19 Industrial Way, Seekonk, MA.
5) TLA Providence, LLC, 1 Dexter Rd., East Providence, RI
6) Waster Haulers, LLC, PO Box 19755, Johnston, RI 02919
7) Waste Management ofRI Inc., 65 Halsey St., Newport, RI
I. REMOVED: Communication from CRMC, re: Notice ofIntent
J. Communication from Jill Davidson, Festival Director, Newport Festivals Foundation,
Inc., re: permission received from DEM to operate a second Food & Beverage Garden
during the 2011 Newport Folk & Jazz Festivals (Approve)
k. REMOVED: Communication from The Valet Connection, Inc., asking permission
for a second valet podium on Thames St., between South Baptist St. and Dearborn
Street (No. 485 - No.494 Thames St.; current podium located at 509 Thames St.).
(Approve subject to details being worked out with city administration.)
1. REMOVED: Communication from Robert M. Silva, Esq., re: petition of St. Clare
m. REMOVED: Communication from Vanasse Hangen Brustlin, Inc.
n. Communication from Donald O. Ross, Chairman, The Preservation Society of
Newport County, endorsing the initiative proposed by Newport resident Elizabeth de
Ramel regarding the straightening ofthe North East corner of Bellevue and Rovensky
Avenues. (Receive)
o. Communication from U.S. Senator Jack Reed, re: update on proposed construction
by Hess LNG/Weavers Cove Energy marine terminal in Mount Hope Bay. (Receive)
p. Claims: (Receive and refer to city solicitor)
1) Lauren Bianco
2) Newport Gas Light Co.
3) Ernesto Basset
4) Tami Zeigler
5) Yvette Hammond
6) Ellen O'Brien
MAYOR WALUK moved the Consent Calendar, with the exception of Items b-l, i, k, I and m, be
adopted. Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.
b-l. David Lester, Expoships GP Inc., d/b/a Art Newport Aboard SeaFair; Perry Mill
Wharf, from 1:00 p.m. to 10:00 p.m.:
a. July 14-28,2011
b. July 29-August 12,2011
c. August 13-26, 2011
d. August 27-September 5, 2011
MAYOR WALUK moved the licenses be approved. Seconded by COUNCILOR WINTHROP.
COUNCILOR DUNCAN said he could not support the licenses because the activities are in direct
competition with local businesses and it would be setting a precedent.
DAVID LESTER, owner and CEO of SeaFair/ArtNewport, thanked the Council for granting the two-
week trial period. He said the food and beverages, provided by a local caterer, are an amenity to the
MINUTES OF THE COUNCIL MEETING
HELD JULY 13,2011
Page 4
art exhibit and on an average day less than 50 alcoholic beverages have been sold, and an average of
12 to 15 lunches, most of which are purchased by exhibitors. He asked that the Council allow him to
continue through the summer. He said in addition to the caterer's Class P liquor license, he had
received a Class G from the State of RI because the purpose of the ship is interstate commerce.
CITY SOLICITOR JOSEPH 1. NICHOLSON, JR., pointed out that the State Department of Business
Regulations controls the Class P and Class G liquor licenses; however, the City has jurisdiction over
Special Event Licenses and the ability to impose reasonable conditions.
COUNCILOR NAPOLITANO said she had a problem with granting the licenses and questioned why
the applicant, who at other locations stays only three or four days, wants to remain all summer in
Newport. She said she had heard from many ofthe downtown businesses that have been struggling.
She asked how the business makes money if it is not from food and beverages. MR. LESTER
responded that the business's profit is made through the rental of exhibit space. He noted that it is
part of a global network of trade fairs, and he was not here to skim business from the local merchants.
He said Newport was chosen because it is centrally located and a great place for people to visit.
BART DUNBAR, owner of Bowen' s Wharf, said SeaFair is competing with him because he also
rents space and pays over $150,000 in taxes. He said it is not a level playing field and would be
precedent-setting.
TONY GILL, owner of an art gallery on Bowen's Wharf, said May and June were record-breaking
months for his business, but if the SeaFair is allowed to remain it will put him out of business.
ANNETTE BOURBONIERRE, Chair, Accessibility Advisory Committee, asked ifSeaFair were
accessible because e-mailsshehadsentwentunanswered.MR. LESTER responded that every effort
would be made to accommodate everyone who wants to board the ship.
SARAH GILL, gallery owner on Bowen's Wharf, said she has reviewed all the information, and
asked how many of those visiting the ship are paying since there appear to be free boarding tickets
everywhere. She said Newport does not need more visitors in the summer and suggested the ship
come in September or March when more visitors are needed. She said her business would not survive
if SeaFair remains for the summer.
KAREN ROARKE of Middletown, member of the Arts & Cultural Alliance, said she has had the
opportunity to exhibit on board SeaFair and, while she did not have many sales, it was very gratifying
as it brings out people from all over and gives local artists great exposure. She said SeaFair is
drawing people downtown, it is a cultural event and the plank should not be pulled up.
STEPHANIE SCHMIDT said she understood the perspectives of the local businesses and restaurants
because the cost of infrastructure improvements must be borne by the residents and year-round
businesses.
BARBARA FENTON, 8 Dennison St., spoke in favor the licenses. She said the art work is what one
would see in major cities and she believed that because it is a new and innovative concept it has
people concerned; however, the City should not be stuck in the past.
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GEREMIE CALLAGHAN, owner of Fluke Wine Bar & Kitchen, said SeaFair should visit in
September or March because she didn't believe Newport could handle 300 more visitors a day, which
would increase traffic congestion.
MARTHA MARIE GROGHAN, owner of a small business, said SeaFair has enjoyed the benefit of a
Special Event License in Newport for two weeks; but allowing the ship to remain through the summer
goes beyond the scope of a Special Event License.
TINA DOLEN, 58 Washington Street, said, given the size of the ship, it should be in New York as it
does not fit well with the charm of Newport.
COUNCILOR WINTHROP said while he would propose an amendment, he was baffled with those
who say more people aren't needed in Newport and pointed out that it is the business of the NBCCVB
to bring in visitors. He pointed out that if Mr. Lester was conducting his business on land he could
have gotten a Transient Trader License at a cost of $350 for three months and without having to
appear before the Council. He said given the number of days the ship would be here he would be
paying five times that amount with the Special Event Licenses. He also noted that Parascondola and
Casey's marinas are receiving significant rental money, 40 people have been employed, sales tax is
being paid, and a local business is operating the food and beverage aspect.
COUNCILOR WINTHROP moved the license be amended to allow operation from 1:00 p.m. to
10:00 p.m. for the art exhibit, and from 1:00 p.m. to 8:30 p.m. for food and alcohol, with the
restaurant to close by 7:30 p.m. Seconded by COUNCILOR NEVILLE.
COUNCILOR MC LAUGHLIN pointed out that the amendment would expand the operation of the
restaurant. MR. LESTER said the restaurant closes at 3 p.m. except for private parties.
COUNCILOR WINTHROP withdrew his original amendment and moved the license be amended to
provide that sale of alcoholic beverages stop at 8:30 p.m., with other provisions on the application
remaining the same. Seconded by MAYOR WALUK.
MAYOR WALUK spoke in support of the amendment. COUNCILOR NAPOLITANO spoke in
opposition.
VOTE ON THE MOTION TO AMEND:
In favor - MAYOR WALUK; COUNCILORS LEONARD, MC LAUGHLIN, NEVILLE,
And WINTHROP.
Opposed - COUNCILORS DUNCAN and NAPOLITANO
COUNCILOR MC LAUGHLIN said it is inequitable because laws were not in place when the ship
arrived that would address a seasonal license. He said SeaFair provides an opportunity to try
something different and he did not believe that it would cause more harm than good. He said it would
attract visitors who won't be out arguing on the street with the police at I :30 in the morning. He said
if SeaFair brings in 300 people a day, they would be people who are going to spend money and
contribute to the local economy.
MINUTES OF THE COUNCIL MEETING
HELD JULY 13, 201I
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VOTE ON THE LICENSES AS AMENDED:
In favor - MAYOR WALUK; COUNCILORS LEONARD, MC LAUGHLIN, NEVILLE,
And WINTHROP.
Opposed - COUNCILORS DUNCAN and NAPOLITANO
I. Connnunication from CRMC, re: Notice of Intent to change the management plans,
policies, procedures and regulations. (Receive)
COUNCILOR LEONARD noted that the communication was received on June 10
th
, after the June
22
nd
docket had been published, and calls for a written response by July 12'h. She said there is a
significant change which she did not support with regard to "Redbook" Section 300A-Recreational
Boating Facilities, C.2, whereby the CRMC Executive Director or the Deputy Director will make a
determination as to whether or not an application would go before the full CRMC.
COUNCILOR LEONARD moved that the city administration send a letter to CRMC requesting
longer periods of time in which to respond to these notices so that the Council would have an
opportunity to review proposed changes and, if wananted, submit written responses. Seconded by
MAYOR WALUK and VOTED UNANIMOUSLY.
k. Communication from The Valet Connection, Inc., asking permission for a second valet
podium on Thames St., between South Baptist St. and Dearborn Street (No. 485 -
NoA94 Thames St.; cunent podium located at 509 Thames St.). (Approve subject to
details being worked out with city administration.)
CITY MANAGER EDWARD LAVALLEE commented on his memo to Council asking that the
originally-approved plan for valet parking be undertaken before any expansions are granted. He
pointed out that the new plan would eliminate parking spaces on Thames Street. Discussion on the
use of the Emmanuel Church parking lot followed, wherein CITY MANAGER LAVALLEE said the
Church has been renting out spaces, as do other churches; however, that use needs to go before the
Zoning Board for approval before it can be approved by the Council.
MAYOR WALUK moved that the communication be withdrawn at this time. Seconded by
COUNCILOR NAPOLITANO.
COUNCILOR MC LAUGHLIN said the idea of valet parking is to facilitate people getting to and
from businesses and the City should do everything possible to help the business because it will get
cars offthe street.
The motion for withdrawal of the connnunication was VOTED UNANIMOUSLY.
I. Communication from Robert M. Silva, Esq., transmitting petition of St. Clare Home to
improve and expand its facility by amending Section 17.08.010 of the Zoning
Ordinance, "Definitions" to add "Convalescent Homes and Rest Homes," and
amending Section 17.100.040 of "Development Standards" to add Paragraph E.
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Page 7
(Receive, refer to Planning Board, and order advertised for hearing at August 10, 2011,
council meeting)
MAYOR WALUK, noting that State Law and the City Code require that the petition be forwarded to
the Planning Board, moved the communication be received and the petition be forwarded to the
Planning Board, and the proposed zoning amendments be advertised for hearing on August 10, 2011.
Seconded by COUNCILOR WINTHROP.
COUNCILOR DUNCAN objected, stating that the Zoning Board had spent a great deal oftime
reviewing a similar petition and made a decision to deny the changes based on the merits of the law.
He said it would be up to the applicant to now go to Superior Court to appeal the Zoning Board's
decision, not to come before the Council.
COUNCILOR LEONARD said the petition is problematic and wrenching. She said she knows the
importance ofSt. Clare's Home; however, the proposed language would affect all three convalescent
and rest homes in Newport that existed before 1976. She said that while she empathizes with St.
Clare's, this process is not following the rules as she knows them. She said if St. Clare's had come to
the Council before going to the Zoning Board she would not be bothered by the petition; however,
now she believed it should go to Superior Court on appeal.
ROBERT LOBECKER said his daughter owns a house on Dennison Street and there are 50 abutters
who are opposed to the expansion of St. Clare's. He said the petition before the Council is a clear
attempt to end-run the Zoning Board's decision. He said they all want St. Clare's to stay, but they
just want it to be smaller than what they are proposing.
CHRISTOPHER BOYLE, ESQ., Chair of the St. Clare's Advisory Board, said that based on the
Zoning Board's denial of the petition they could file an appeal to Superior Court; however, they have
been advised that it could take one and one-half to two years in Superior Court, and longer ifit goes
to the Supreme Court. He said St. Clare's doesn't have that time because of financial constraints. He
said St. Clare's has been a part ofthe community for 80 years and has never before asked for
anything; however, they now need relief or they will not survive. He asked that the Council
participate in helping to keep St. Clare's, and made note that bringing the petition before the Council
was a proper process because any citizen has the right to petition for a change to the ordinance.
COUNCILOR LEONARD responded that she would like to see ifthere could be assistance in getting
the matter expedited in Superior Court because she believed that would be the correct process.
ATTORNEY BOYLE said he would address that issue when it comes before the Council.
KRISTYN MEADE said the neighborhood was opposed to the expansion as it would be spot zoning.
BARBARA SIMMONS said it would be wrong to not stop the process here because she believed it
would be allowing St. Clare's to go through the back door.
VOPTE ON THE MOTION to refer to the Planning Board and order advertised for hearing on
August 10,2011:
In favor - MAYOR WALUK; COUNCILORS MC LAUGHLIN, NAPOLITANO,
NEVILLE and WINTHROP.
MINUTES OF THE COUNCIL MEETING
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Page 8
Opposed - COUNCILORS DUNCAN and LEONARD.
m. Communication from Vanasse Hangen Brustlin, Inc. re: Draft Technical
Memorandum Horizontal Curve Review, 205 Ocean Drive (Receive and refer to city
administration)
COUNCILOR LEONARD spoke on behalf of the property owner's request to have the pole removed
by his driveway at 205 Ocean Ave., noting that she had been advised that there have only been two
accidents in the past few years and both were during daylight, so the streetlight had no bearing on
public safety. She said she would like the administration to take this under advisement and provide a
recommendation at the next council meeting. MAYOR WALUK suggested it be by resolution.
COUNCILORMC LAUGHLIN moved the communication be received. Seconded by COUNCILOR
NEVILLE and VOTGED UNANIMOUSLY.
LICENSES AND PERMITS
3. Application of Mermaids Newport, LLC, d/b/a Poor Richard's-Benjamin's, 254 Thames St. to
expand its Victualing License by approximately 243 sq. ft. to an outdoor third-floor deck (in
conjunction with expansion of its Class BV liquor license (Continued from May 25, 2011)
MAYOR WALUK moved the license be approved, subject to the conditions imposed by the Zoning
Board. Seconded by COUNCILOR WINTHROP.
PAUL BOARDMAN, applicant, said he was fine with the imposition of the Zoning Board's
restrictions. COUNCILOR LEONARD said she was not opposed to the expansion as long as the
zoning board restrictions are monitored.
The motion was VOTED UNANIMOUSLY.
COMMUNICATIONS AND PETITIONS
4. Communication from Michael Guinan, President, 360 Marketing & Events, LLC & Newport
WineFest requesting use of Easton's Beach parking lot on August 20 and 21, 2011 to provide
parking for patrons ofthe Newport WineFest event being held at the Newport Yachting
Center.
MAYOR WALUK, noting there would be no reserved parking and those using the parking lot would
pay the full parking fee, moved the communication be received. Seconded by COUNCILOR MC
LAUGHLIN and VOTED UNANIMOUSLY.
5. Communication from Robert Bidlack asking permission to conduct ajet ski rental business at
King Park Beach.
MAYOR WALUK moved the applicant's request to withdraw his request be approved. Seconded by
COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
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RESOLUTIONS
6. Requesting the City of Newport assume responsibility for repair of Dexter St. in conjunction
with construction ofthe Pell School- J. McLaughlin, S. Waluk, J. Napolitano, C. Duncan
COUNCILOR MC LAUGHLIN introduced the resolution and moved for its passage. Seconded by
MAYOR WALUK.
COUNCILOR LEONARD asked if Community Development Block Grant funds could be set aside
and used for the road repairs. CITY MANAGER EDWARD LAVALLEE responded that some
funding was already approved and the remaining portion of the roadway the City can fund.
The motion was UNANIMOUSLY ADOPTED.
ORDINANCES
7. Amending Chapter 5.46.20 of the Codified Ordinances, entitled, "Farmers Market," to expand
the definition of Producer.
MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILOR
WINTHROP and VOTED UNANIMOUSLY.
COMMUNICATIONS FROMTHE CITY MANAGER
8. Memorandum from the City Manager, re: Request for Jet Ski Rental Business at the Ann
Street Pier.
COUNCILOR MC LAUGHLIN moved the communication be received. Seconded by COUNCILOR
WINTHROP and VOTED UNANIMOUSLY.
9. Communication #4869/11, re: Intersection Improvements - Bellevue Avenue at Rovensky
Ave.
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
10. Communication #4870/11, re: Freebody Park Sports Lighting Improvements
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
11. Communication #4871/11, re: Award of Contract for Construction Inspection - Washington
Square, Phase 3
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
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Page 10
12. Communication #4872/11, re: Extension of Sole Source Purchasing Designation - Mutt Mitt
Supplies
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
13. Communication #4873/11, re: National Grid Petition-Eustis Avenue, Relocation of Existing
Pole because of New Driveway; Removal of Pole and Street Light on Catherine Street.
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO.
COUNCILOR LEONARD moved the motion be amended to provide that the old pole be removed
within 90 days of completion of the transfer ofthe lines. Seconded by MAYOR WALUK and
VOTED UNANIMOUSLY.
The motion, as amended, was VOTED UNANIMOUSLY.
8:24 P.M. RECESSED AS COUNCIL AND CONVENED AS BOARD OF LICENSE
COMMISSIONERS
8:28 P.M. RECONVENED AS COUNCIL. COUNCILOR MC LAUGHLIN moved the Council
meet in Executive Session in the Conference Room, pursuant to RIGL Section 42-46-5,
Purposes for Which Meetings May Be Closed, Paragraphs (a)(l) Personnel Matters and
(a)(2) Pending Litigation, to discuss the pending vacancy in the position of City Manager,
and Environment Rhode Island, eta aI, v. City of Newport. Seconded by COUNCILOR
NAPOLITANO and VOTED UNANIMOUSLY.
8:40 p.m. MAYOR WALUK moved the council convene in open session, and which time he moved
the Minutes ofthe Executive Session be sealed, and the Council adjourn. Seconded by
COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
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BOARD OF LICENSE COMMISSIONERS
CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL REMOVES
AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)
a. Class F Daily Liquor License, Visiting Nurse Services of Newport & Bristol Counties,
d/b/a "Changing Shoes"; Casino Theatre, 9 Freebody St., July 28,2011 from 6:30 p.m.
to 9:30 p.m.
b. Class F-l Daily Liquor License, Boys Town New England, Inc., d/b/a 2011 Spirit of
Youth Fundraising Event; Rotunda Ballroom, October 5, 2011 from 6:00 p.m. to 9:00
p.m.
c. Communication from La Salle Hotel Properties, re: change in officer for La Salle
Hotel Lessee, Inc. (receive and make part of the file)
CHAIRMAN WALUK moved the Consent Calendar be adopted. Seconded by COMMISSIONER
WINTHROP and VOTED UNANIMOUSLY.
LICENSES AND PERMITS
2. Application of Mermaids Newport, LLC, d/b/a Poor Richard's-Benjamin's, 254 Thames St.,
first and second floors, to expand the licensed premises of its Class BV alcoholic beverage
license by approximately 243 square feet to an outdoor third-floor deck. (Hearing; continued
from May 25, 2011)
CHAIRMAN WALUK moved the hearing be closed and the expansion be approved subject to the
restrictions imposed by the Zoning Board. Seconded by COMMISSIONER NEVILLEE and VOTED
UNANIMOUSLY.
8:28 P.M. COUNCILOR MC LAUGHLIN moved the Board of License Commissioners adjourn and
the Council reconvene. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
Kathleen M. Silvia
City Clerk
City of Newport, Rhode Island
APPLICATION FOR A SPECIAL EVENT LICENSE
DATE: 2\_?-_O_\\-l..>..\ _
EVENT TITLE/TYPE:
LOCATION OF EVENT:
Date(s) of Event:
Hours of Event:
Holder of Event & DBA:
Printed Name: It G Title: Dd?.IS.-C\,o
Address of Holder of Event: I'1-6 LL E-\J ,A-'>Jfii:-..
Business Telephone: I ttl:)' lBi'i:> 62.. 66 Residence Telephone: 1 _
Is Organization Non-Profit? GE.<;. Is Organization Religious? -,
Is there a charge for admission? I "!3J I
Q.."-' PI-\' f"-
Is event to be on City, State, or Private Property? L_'--'='---'-'--'--'=- _
Name of Property Owner of Event Site: I EI-\'"2.4Q,. E.."\' CeQ
Signature of Property Owner: I G-Qcza fb..rt-i::fZ _
Printed Name of Property owner:1 E L \ E""l" -A ..... o...c:::.
Signature of Holder of Event:
Will Event be Indoors or Outdoors?
(Include Plan)
EVENT HOLDER
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)
If Outdoors, will toilet facilities be provided?
If so, location of toilet facilities:
(Include on plan)
Will a tent be erected?
(Include on plan)
COPY OF TENT PERMIT MUST BE ATTACHED.
Expected Attendance:
Is parking available:
Seating Capacity: 1---'1c:=I2>:.:s'-- _
For how many vehicles? l...cs=-c_:> _
CONCERT I
Is staging or platform required? Amplification?
List types of musical instruments:
1 ----
DANCE
DEEJAY I \.)0 Amplification: I ---J
SPORTING EVENT I '\.1 0 Type: I
Set-up Dates (Sporting events only):
PLAY
I \';l ()
If yes, what type:
Will there be animals? I__---J
Type: I
CIRCUS
OTHER (describe) I

Are required approvals attached, e.g., State, Recreation Dept,?
CARNIVAL
If yes, types of animals: ,-----------------------------
SHOW OR EXHIBITION: I'{'"""

Is a street closing being requested?
===========;------.J
Will food be prepared on the premises? =\.l='=o==;- _
If so, is Health Dept. Inspection Approval attached?
EVENT HOLDER N\
APPLICAnON FOR A SPECIAL EVENT LICENSE
(Page 3)
LSI e.S

1
If yes, will you be applying for a Class F or F-l Liquor License?
If not, will another's license be used?
Ifso, whose? IL- ---J
Will LIQUOR be served?
Will there be gambling, e.g., bingo, raffle, etc.? I 0 1 Do you have State Police Approval? IL__..J
List Names of Vendors Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
Do you or the pyrotechnic have Newport Fire Marshal approval?
Location from where fireworks will be shot:
Time fireworks will begin: 1'-- _ Duration: ,'- _
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
ROAD RACE, WALK-A-THON, ETC.\.'! Roadway(s) c:::J On Sidewalk(s) c::::::J
Has notification been made to residents along the route? _
Have temporary signs been posted? (Signs must be removed by the following day.)
SPECIFIC ROUTE:
City of Newport, Rhode Island
APPLICATION FOR A SPECIAL EVENT LICENSE
DATE: _1-_\..t::2-:....0_\L
1
\'----- _
EVENT TITLE/TYPE:
LOCATION OF EVENT:
Date(s) of Event:
Hours of Event:
Holder of Event & DBA:
Signature of Holder of Event:

Printed Name: '- \'2. 4 Q, e.., ...-I- G('Ol) A It- 0
Address of Holder of Event: 1-=1-6 'E..L..I-EcvuE... A....:J e.....
Business Telephone: 110\ b '2> '2..0 C Residence Telephone: I -.J
G
""" I )..,)0
Is Organization Non-Profit? <;..... Is Organization Religious?---.:---.: _
Is there a charge for admission? 0-::. I I
I b C
S P' P ? ?R\V
s event to eon Ity, tate, or rlvate roperty. ---''--.:..0..:..::...:::--'--='-- ---1
r----------------------,
Name of Property Owner of Event Site: 'E.\...., oz.", 10.... \-1 'C
Signature of Property Owner:
Printed Name of Property Owner:
Will Event be Indoors or Outdoors? I \ Elofi-.<;,
(Include Plan)----------------------
EVENT HOLDER Ap-\ ""'-
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)
If Outdoors, will toilet facilities be provided?
For how many vehicles?
Ifso, location of toilet facilities:
(Include on plan)
Will a tent be erected? 1 t-:3c
(Include on plan) --'.:::..::...----
Expected Attendance:
Is parking available:
COpy OF TENT PERMIT MUST BE ATTACHED.
Seating Capacity:

CONCERT 1 ,\1.;<;'
Is staging or platform required?
Amplification? 1
List types of musical instruments:
DANCE 1 DEEJAY It-'o Amplification: 1'- _
SPORTING EVENT 1 .1-> 0 Type: 1 _
Set-up Dates (Sporting events only):
PLAY
I \\l 0
If yes, what type:
CARNIVAL 1 \..\ C>
If yes, types of animals:
CIRCUS
ND
Will there be animals? 1 _
Type: I SHOW OR EXHIBITION: 1 t-l0

OTHER (describe) I
------;==============
Are required approvals attached, e.g., State, Recreation Dept.? _
Is a street closing being requested?
Will food be prepared on the premises? =\):::0=== -1
If so, is Health Dept. Inspection Approval attached?
EVENT HOLDER ""' \'<> 12-'"' A\I-- V'::>"'-o.> Y\.
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)
Will LIQUOR be served?
If yes, will you be applying for a Class F or F-l Liquor License?
Ifnot, will another's license be used?
If so, whose?


1'---_
Will there be gambling, e.g., bingo, raffle, etc.? 1 C>
List Names of Vendors
Do you have State Police Approval? I__--J
Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
Do you or the pyrotechnic have Newport Fire Marshal approval?
Location from where fireworks will be shot:
Time fireworks will begin: I --.J
Duration: 1 _
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
ROAD RACE, WALK-A-THON, ETC. On Roadway(s) On Sidewalk(s) c::J
Has notification been made to residents along the route? \'JI A
Have temporary signs been posted? (Signs must be removed by the following day.)
SPECIFIC ROUTE:
:
City of Newport, Rhode Island !: i L
APPLICATION FOR A SPECIAL EVENT LICENSE .
I
( ,:J
_ .. .....__... . __'
EVENT TITLE/TYPE:
Date(s) of Event:
Hours of Event:
Holder of Event & DBA: I Rts/aad-tQU. MCfuda..OtL I
Signature of Holder of Event: I :;f:--.... I
Printed Name: I B fe yo 11! iGp,s I Title: 1:?v-<: ,l,,\f' I
Address of Holder of Event: I 51 MliJ'(I Skee t I
Business Telephone: IOI- QfC(- 7/100 I Residence Telephone: I"l'f.. Jt;S- '8'1<fe I
Is Organization Non-Profit? 19es Is Organization Religious? I /U) I
Is there a charge for admission? lYes I
Is event to be on City, State, or Private Property? I--"'/ll)"'"'- _
Name ofPropeliy Owner of Event Site: &,>:Io,a};'o1A.. t:Oudah'O/A-
Signature of Property Owner: I
Will Event be Indoors or Outdoors?
(Include Plan)
If so, location oftoilet facilities:
(Include on plan)
EVENT HOLDER _
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)
If Outdoors, will toilet facilities be provided? Li4l-'e_('L-_:J
I==tot=="':u:k==.:Yi:LL:'=k::':M:R=================
Will a tent be erected?
(Include on plan)
Expected Attendance:'
Is parking available:
.'
COPY OF TENT PERlVlIT MUST BE ATTACHED.
Seating Capacity: 1C-...I./I:.!!.I/f-/!1L1r-- _
- I
For how manyvehicles? 1-L1... ri2 ...'-.+..r. __
CONCERT I /Vb
I Is staging or platform required?
/1)0
Amplification?
I tvol
List types of musical instruments:
1--'-----__--'----__----
DANCE I .IUJI DEEJAY MJ

Amplification: 1_-,)1)-"--,,lJ<-__
SPORTING EVENT , /IJ0
Set-up Dates (Sporting events only):
Type: ,
PLAY
I j/l/o
If yes, what type:
CARNIVAL ILLI1!,,-,O,,-_
If yes, types of animals:
CIRCUS
No
Will there be animals? I IIJO I
SHOW OR EXHIBITION: ~
OTHER (describe) /-.----=-------------------------
Are required approvals attached, e.g., State, Recreation Dept.? IU"-""l?,,,. _
Is a street closing being requested? NO
__-:...::...c. _
Will food be prepared on the premises? __--'.)(}()-=:...:.'-- .J
If so, is"Health Dept. Inspection Approval attached? I
EVENT HOLDER. - = - = : : : : ~ - : : = - = ~ - = : c = : c = c : : - : c : : : : : : : - : c : : c
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)
If yes, will you be applying for a Class F or F-I Liquor License?
Willthere be gambling, e.g., bingo, raffle, etc. ?I /l!o
I-Ja>
I /rio
.1 0eS
Do you have State Police Approval? I__~
6!j Q.u>SQII l'llt2f\i'/L
I
Ifnot, will another's license be used?
If so, whose? Ib'rUl Cahc,'lAqj
Will LIQUOR be served?
List Names ofVendors Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Pei'mit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS f/0
Do you or the pyrotechnic have Newport Fire Marshal approval?
I
Location from where fireworks will be shot:
Time fireworks will begin: 1 _
Duration: IL.__~ ......J
NOTE: Iffireworks 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 police
detail officers at sponsor's expense.
/\/0 .r--I
ROAD RACE, WALK-A-THON,ETC. On Roadway(s) L.-..J OnSidewalk(s) [=.J
Has notification been made to residents along the route? __
Have temporary signs been posted? (Signs must be removed by the following day.)
SPECIFIC ROUTE:
fr: '
1
:':- Il Wrw(\t,:','-\'/::,\,
II I I _ \If) ,:1 LI \. I I!
City of Newport, Rhode Island II J!, " 1,1 Ii
APPLICAnON FOR A SPECIAL EVENT Lie 2,8, ,,20,11, ,'"
July 27, 2011
DATE: U,j',' ,,:T
CiTY CIJY t ; -;CE
EVENT TITLE/TYPE:
Al Jardine in Concert to Benefit the International Tennis Hall of Fame
LOCATION OF EVENT: International Tennis Hall of Fame, 194 Bellevue Ave, Newport, RI
I
Date(s) of Event:
Hours ofEvent:
l=s=e=p=t=e=m=be=r=1=8=,=2=0=1=1=======================1
1_4_'_3_0_
p
m_d_o_o_r_s_o_
p
_e_n_,_co_n_c_e_r_t_5_'3_0_
p
_m_-_7_
p
_m 1
Director of Special Even s
Title:
Printed Name: 1 Colleen K. Hopkins
Holder of Event & DBA: IL_In_t_e_r_n_a_t1_' o_n_a_l_Te_n_n_i_s_Ha_l_1_o_f_Fa_m_e 1
Signature of Holder of Event: 1
I
Address of Holder ofEvent: 194 Bellevue Avenue, Newport, RI 02840
I
(401) 639-9639
Residence Telephone: '-- -J
. I (401) 849-3990
Busmess Telephone:
I
Yes
Is Organization Non-Profit? Is Organization Religious?
Is there a charge for admission? IYes I I
Private Property
Is event to be on City, State, or Private Property? ----------------------'
Name of Property Owner of Event Site: 1 ----'
Signature of Property Owner:
Printed Name of Property owner:1

Will Event be Indoors or Outdoors? 1 Outdoors
(Include Plan)
EVENT HOLDER -:7=-=--:-::==-=--:-::C-==-=:-::::::-::C:-:::::=::::
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)
If Outdoors, will toilet facilities be =y=es=====- _
If so, location of toilet facilities:
(Include on plan)
Will a tent be erected?
(Include on plan)
COpy OF TENT PERMIT MUST BE ATTACHED.
Expected Attendance: 1
1 ,200
Seating Capacity: _
Is parking available:
I Yes
For how many vehicles?
CONCERT I_y_es _ Is staging or platform required? I_Y_e_s__ Amplification? IYes
List types of musical instruments:
IGuitars, keyboard, drums, sax, flute
DANCE INO __----J DEEJAY I_N_O _
Amplification: 1'-- _
SPORTING EVENT I_N_O__
Type: I
Set-up Dates (Sporting events only):
Will there be animals? 1 _
PLAY
CARNIVAL
If yes, what type:
CIRCUS
IL-- _
INO
Type: I
If yes, types of animals:
SHOW OR EXHIBITION: I_NO__

OTHER (describe) I

Are required approvals attached, e.g., State, Recreation Dept.? I_N_I_A _
Is a street closing being requested?
Will food be prepared on the premises?
I Yes
If so, is Health Dept. Inspection Approval attached?
Will LIQUOR be served?
EVENT HOLDER
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)
I Yes
If yes, will you be applying for a Class For F-I Liquor License?
I Yes
If not, will another's license be used?
Ifso, whose? 1 _
Will there be gambling, e.g., bingo, raffle, etc.? I_N_o_---'
List Names of Vendors
Do you have State Police Approval? I_N_O__
Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
Do you or the pyrotechnic have Newport Fire _ _=======_ _,
Location from where fireworks will be shot:
Time fireworks will begin: 1 _
Duration: 1 -----'
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
ROAD RACE, WALK-A-THON, ETC. On Roadway(s) c=J On Sidewalk(s) c=J
Has notification been made to residents along the route? _
Have temporary signs been posted? (Signs must be removed by the following day.)
SPECIFIC ROUTE:
DATE:
EVENT TITLE/TYPE:
LOCATION OF EVENT:
Date(s) of Event:
Hours of Event:
Holder of Event & DBA:
I
q:DO -
J.'O{)
I
fJUfd, 11.

L
Title:
Residence Telephone: I l/O/ J$flk -10 f(; J-.
I No 1
Printed Name:

Signature of Holder of Event:
Address of Holder of Event:
Business Telephone: 1 _
Is Organization Non-Profit? I Y<:. S Is Organization Religious?
Is there a charge for admission? 1 ye.S I r::::::
Is event to be on City, State, or Private Property? U:YItfa-k ) _
Name of Property Owner ofEvent Site: 1 _
Signature of Property Owner: I

Printed Name of Property Owner:
Will Event be Indoors or Outdoors?
(Include Plan)
_'.=::...BoU."--- _
EVENT HOLDER cc::-=--:-::=c=:---:-:c-:==:-:=:c::-::-::::==
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)
If Outdoors, will toilet facilities be provided? [)ie:; ~
-'---'---'--'---'--'---'---'---'---'---'---'---'-------'---'------
If so, location of toilet facilities:
(Include on plan)
WiIJ a tent be erected?
(Include on plan)
Expected Attendance:
Is parking available:
no
Ve s
COpy OF TENT PERMIT MUST BE ATTACHED.
Seating Capacity: [..... _
For how many vehicles'?
CONCERT I NO
Is staging or platform required? 1 No Amplification? IL _
List types ofmusical instruments:
I__~ - - - - " - - __----
DANCE 11\/0
.
I
DEEJAY
Amplification: 1 _
SPORTING EVENT I ND
Set-up Dates (Sporting events only):
Type: 1 _
PLAY
I ND
If yes, what type:
CARNIVAL I IVD
CIRCUS
Ala
WiIJ there be animals?
I
Type: IL "-- _
If yes, types of animals:
SHOW OR EXHIBITION: IND
OTHER (describe) 1_. _
Are required approvals attached, e.g., State, Recreation Dept.? 1 _
Is a street closing being requested? I_NwwO'-'- _
Will food be prepared on the premises? I-IA".V""bl...---------
If so, is"Health Dept. Inspection Approval attached? ,..... _
Will LIQUOR be served?
EVENT HOLDER --:-
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)
INo
If yes, will you be applying for a Class F or F-I Liquor License?
If not, will another's license be used?
Ifso, whose? I
Will there be gambling, e.g., bingo, raffle, etc?1 '! es
List Names of Vendors

14f:k5: Va tlL- 1QC- a 12
__--'!ad 1\ { a
Do you have State Police Approval? !Ve S'
Item to be Furnished
For RetailSales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
Do you or the pyrotechnic have Newport Fire Marshal approval?
Location from where fireworks will be shot:
Time fireworks will begin: I -_._ .. __ Duration: _
NOTE: Iffireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
ROAD RACE, WALKA-THON, ETC. On Roadway(s)[21 On Sidewalk(s)
Has notification been made to residents along the route?
Have temporary signs been posted? (Signs must be removed by tbe following day.)
SPECIFIC ROUTE: Boac), - LeJJ
. (I
EVENT TITLEITYPE:
LOCATION OF EVENT:
Oat\,(s) of Event:
Hours of Event:
Holder of Event & DBA:
Signature of Holder ofEvent:
Printed Name: Mi d1ad
Address of Holder of Event:
Business Telephone: 1Lf6) 31./1-d t/&S- I Residence Telephone: 1_.... I0--'f:'-'I1--'-- _
Is Organization Non-Profit? I yes Is Organization Religious? 1 1
Is there a charge for admission? I yes
Is event to be on City, State, or Private Property?
Name of Property Owner of Event Site:

Signature of Property Owner:
Printed Name of Property Owner:
Will Event be Indoors or Outdoors?
(Include Plan)
EVENT HOLDER
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)
If Outdoors, will toilet facilities be provided? 1 7IIj;1
,------'--------------------
If so, location of toilet facilities:
(Include on plan)
-
Is staging or platform required? IdAJ
Will a tent be erected?
(Include on plan)
Expected Attendance:
Is parking available:.
CONCERT 1 _
i/O/J
ves
I
COPY OF TENT PERMIT MUST BE ATTACHED.
Seating Capacity: 1&t 1
For how many vehicles? I I4lL- I
Amplification? 1&# I
List types of musical instruments:
1 ----
DANCE DEEJAY
Amplification: 1 _
SPORTING EVENT 1 _
Set-up Dates (Sporting events only):
Type: I
PLAY
CARNIVAL
If yes, what type:
CIRCUS Will there be animals? I__--J
If yes, types of animals:
Type: I
OTHER (describe) 1 S
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?
/I/O

/liD
__I
\
EVENT HOLDER _
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)
Will LIQUOR be served?
If yes, will you be applying for a Class F or F-I Liquor License?
Do you have State Police Approval? I&/Ilf I
Ifnot, will another's license be used?
If so, whose? I .3b&MO
CJA:nc,J
V
Will there be gambling, e.g., bingo, raffle, etc.? [[)o I
List Names of Vendors Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
IJfA
Do you or the pyrotechnic have Newport Fire _ ___,
Location from where fireworks will be shot:
Time fireworks will begin: 1 _
Duration: IL- .....J
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
ROAD RACE, WALK-A-THON, ETC. On Roadway(s) [:==J On Sidewalk(s)
Has notification been made to residents along the route? _
Have temporary signs been posted? (Signs must be removed by the following day.)
SPECIFIC ROUTE:
I
>-' [). .... ,,_.._., ...,.,.__._-_.._._-,._,
'. ;-. I If. 1 ..)0 If;; [.1 WI i. '\\
City ii:aae Irll)JP1--'1(3'cp.Qt I)
APPLICATION FOR A SPECIAL EVENT LICEN 2011.J l",;;;
DATE: I f\UG-oSf 2-6 \\
EVENT TITLE/TYPE: Ir., r: _. I I I
rulZT MJAM.S Of \..J<?>l-\'(s
LOCATION OF EVENT: I G. r;. O.f
AcA"1.S I tullf MJAII\S STAff [Af'.I<, I Pop-..T
Date(s) of Event:
Hours of Event:
Holder ofEvent & DBA: l_fo_R:_T_ko_M_S----:T_R_U_8f _
. Signature of Holder ofEvent:
Printed Name: LAVll.lE:. AI Title:
Address of Holder ofEvent: Ifl6 fb\2Jf ,wAI\flS J SfA$ PARI<
UJGw'(?QRJ l<.l CJ
Business Telephone: Qiel -fo I, 58D( I Residence Telephone: . BL.te 562.8
Is Organization Non-Profit? [jf.S Is Organization Religious? lL-uN"",O _
Is there a charge for admission? G s I I
Is event to be on City, State, or Private Property? _
Name of Property Owner of Event Site: IrATE:. 'oF \(.11001'::. 0
Signature of Property Owner:
Printed Name of Property Owner: I) I /l/1
I ()G1111)(;1_ '-..1, If jJI...r--{<-::
Will Event be Indoors or Outdoors? I TPooR.
(Include Plan) _tlJ S ---J
S At{\"A<.\\f:.O ;:) \i : pIl\N
EVENT HOLDER jQI't1 @AAl
APPLICAnON FOR A SPECIAL EVENT LICENSE
(page 2)
If so, location oftoilet facilities:
(Include on plan)
If Outdoors, will toilet facilities be provided? lj,e.s 1
---------------------.,
Ifo{Z:fkel \blL;lS ON
Will a tent be erected?
(Include on plan)
Expected Attendance:
Is parking available:
I
OVeu.. Sfi\6f
1 -l@]
[je3 I
COPY OF TENT PERMIT MUST BE ATTACHED.
Seating Capacity:
For how many vehicles? 0-"'0'-"0'---_
CONCERT
Is staging or platform required? I-reO I Amplification? I TB0
List types ofmusical instruments:

I GUITAR Ke..\IRDAtto
. J J 't-"'''''-'"''''''''-------
DANCE 1NO DEEJAY 1 I Amplification: 0-=1::.:.:.$ _
fOK /W'lno Unc.E::.M0'l1S
SPORTING EVENT I-,,-\()--I Type: ,----------------
Set-up Dates (Sporting events only): 1 _
PLAY I-=N"'--'o'----_ If yes, what type:
Are required approvals attached, e.g., State, Recreation Dept.?
Will there be animals? 1 _ CIRCUS
CARNIVAL [iJ",,0__
If yes, types of animals: ,-------------------------1
SHOW OR EXHIBITION: 1 Type: I I
OTHER (describe) I I
l......:::tJ-'-'-JII\'--- 1
Is a street closing being requested?
Will food be prepared on the premises?
If so, is Health Dept. Inspection Approval attached?
1 wo 1
- JUsT sour 1l\E.A-'ff.D
1
N'bfl
. WILL. 1>uBNlrT PAP"ttW014<. ..
It) SlAT&.
If yes, will you be applying for a Class F or F-I Liquor License?
Will LIQUOR be served?
EVENTHOLDERJOB-T m06T
APPLICAnON FORA SPECIAL EVENT LICENSE
(Page 3)
Lil.x...o_
1_-
If not, will another's license be used?
If so, whose? 1'--- ---'
Will there be gambling, e.g., bingo, rame, etc.? INO
List Names of Vendors
Ie>O
Do you have State Police Approval? fllJD
Item to be Furnished
BLDOt1T l)JY1A'rlt.J<r soors /QOGfJL.) ill"", GULI()AC2.'( SCHOOl.. SE-RY (Nfs-
BAGEl, 130,/.$ OOY'lp<TII1&- &'Gu,
Ho\ls," nonA'fltJ (,- (J:)
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
Do you or the pyrotechnic have Newport Fire Marshal approval?
Location from where fireworks will be shot:
Time fireworks will begin: 1 _
Duration: 1'--- _
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
ROAD RACE, WALK-A-THON. ETC. On Roadway(s) On Sidewalk(s) c::J
Has notification been made to residents along the route? __
Have temporary signs been posted? (Signs mnst be removed by the following day.)
SPECIFIC ROUTE:
SAT 1)
I
(PAIN OAtf: I SON Df.C tt
5AtIl- BP",,\
(- "1"P.E:E:S
-(TT-l
-r
r '/ .L.i.l
IIE

PARADE FIELD
HISTORIC FORT ADAMS
NEWPORT, RHODE ISLAND
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:
TYPE:
Trash Receptacles
a. Location
Date of Duration: .
Name of Business: bfJ(5 / L LG
() :Db
Address of Business: /5% $tf/)/f-!tl ttJ/J,.y ,
l//ilt.J Pot<--r i f!..:L t/),.fr
O
Standard _ Fast Food l("Carry-Out tL Drive-In _ Confectioner _
...--,
1. Garbage Disposal: Dumpster
DBA:
b. Type/Odor Prevention
c. Weight per pickup
d.
e.
Number of Cans
Private Pickup YesLNo_ By Whom
2.
3.
4.
5.
6.
7.
8.
9.
ATTACH: Detailed site plan showing premises, interior, exterior, seating capacity, dumpster location and
parki,:!1g of foop takes place.; or initial & d;tte here plans are on ,fl, de: _
s'')WM i::...4UL --..::fA? Cj'h- .slIME -S:f'LO e. 0f1tL I' OPt'S" LL
Description and70r rendering of architecture to be used. ,2>' "rr.
Detailed desc!iption of manner in which license is to be used. pI(. (l-f-f3i:.fe r:!.,:;.i":'f,,'/Ur
/II /. - )
Proposed Seating Capacity.d, LS,q?Je Expanded Seating Capacity 4t?1/.L
Parking Availability. Yes v""No_Location ,Sf'r.eek _Number of Cars
Is a liquor license (Class F or F-1) being applied for by the applicant? Yes__
Estimated monetary investment involved $ 3110 Hours of Operation: b( to ;..,rt! 4-1/1.

Extended Hrs. of Operation Ik: to !to Current Victualing License No.
2 a.m. 6 a.m.
Days of Week Extended:/-+-_--''-'-''O''- ---,....- __,,-------
Filed BY';-'7Jz e'Af;
Ignature
Print Name: ;tf/Lc:C,fl-{ @ 0..J.xe..-<.
}
Owner's Address:
Home Phone: 11)(-71'/- Gt
J
'70 t .1ft//.- gf6,-!tJ-tJC::>
Filing fee: $15 '7/zolt( Date Paid: 'I/;D!lfI!!-/
License fee: $200 Date Paid:
-----
PAGE Ion
DATE: TO THE HONORABLE COUNCIL:
CITY OF NEWPORT, RHODE ISLAND
FROM YEAR TO YEAR _
PUBLIC ENTERTAINMENT LICENSE APPLICATION
'?hlll I

DBA Name: I J+VlGtrn,f tJ"dc/ 6.( I: " I' !I''': ,:,:1
Business Phone: I 7 rl.t {(:Ii i i
Address: Z) ;fvr AUG - 2 2011 "
I1Jrwf
v
d I I(,T .1 I
Corporate/Business Owner Name: IS.. "", "r <J. boll -----_., I
Owner Address:1 S'aW'1 I
Owner City: 1F===tJ=i=(vJ=p=J=,..,..====ll-s-ta-te-:-r=1=;1f;;::::::,1:::::'=;-'--=Z"":"'ip-:-r==C)=()=;;-='1=O=='
;
OR Other Mailing Address:
Owner Phone: I '1 7 f L, 1 ( I df., /(. <:. r if
For Mailing Address (choosy one):
Use Business Location: J OR Use Owner Address:

License Number: 1__=__ CLASS:D DURATION: IL. .,.-_
Yearly is June 1- May 31 0
or ifDaily (list dates)
HOURS:
Location: I SrJ(:(l (
Initial Here that PLANis attached that specifically delineates & defines location ofentertainment: I
INITIAL HERE to acknowledge receipt ofNOISE ORDINANCE D DATE: .
Filing Fee - $15 I AUG 0nUll] License :3 DI Date I K('L- ({l
License Issued By: Date Issued: _
ANNUAL Class A (inside) $300 Class B (outside) $200(including tent) accessory only
Class C (Class J Liquor) ($500)
X.. E? !.q !? .. _. _ _. _.. _ .
ACTION OF COUNCIL: ACTION DATE: _
Page 2 of2 Entertainment License Application
JUNE I, , TO MAY31, _
OWNER: j1.c'rr4' OrJ,r or fI, 1,1/'" ,,,,; I"
DIBIA: ---''-'----''-=-'---'-
PREMISES: __l.Ld--.:CIJ:....::...c!..;..1'-'.-" -
PLEASE COMPLETE ALL CATEGORIES. Use "N/A" if not applicable.
AMPLIFICATION?
lin
DEEJAY?
lid
CONCERT?
I
BAND?
Vrs
HOW MANY MUSICIANS?
(p
HOWMANY VOCALISTS?
if
TYPES OF MUSICAL INSTRUMENTS?
f +: Jilr'f d.rt11v11
DANCING?
,
l/ If
DANCE REVUE
' 11/
0
MOVIES?
VV
PLAYS?
;1/a
OTHER
Expected Attendance: -'=3'-'0'-0 _ Seating Capacity: _-'--;1/---1-I"-.A-:..- _
Parking Availability # of Vehicles: -=-0 _
Do you have a Liquor or Victualing License: ---7\)-'(-LJ _
I
Your signature below indicates that you have reviewed the information on this two pageform and agreed
that it is correct. Any change will require that a new application beflled with the City Clerk's Office.
C?DATE,
SIGNATURE OF REPRESENTATIVE:
PRINTED NAME:
TITLE: 1__Lh-=tA-,-,o'l-'-'''-J)-'--''-,r --J
RESTRICTIONS:
f!!; (
CITY OF NEWPORT, RHODE ISLAND i : U: l 'f-.f / 1[:1! I 0 I
The undersigned respectfully petitions the Honorable Council for a HOLIDAY LICENSE to allow retail on lliulilowirt;; ijolida)'s: NeW' i
Year's Day, Memorial Day, FOUlth of JUly, Victory Day, Labor Day, Columbus Day, Veteran's Day, or on any day holiday is I
officially celebrated. No Holiday Licon,e shall he issned and a retan bn,iness ,hall not be open 01'2Sth.ohnyy..ro' ThultSgWiilg-
Day, exco!'t pharmacie., r.toil,lore, that principally ,ell food products and which employ rewer than ,ix employ... per ,hift at anyone
10(:2tio". flower? garden and garden shops, video and bak0ries. (RI General Law 5-23)
Application is made for:
LICENSE J!)URAnON:
BUSINESS OWNER:
(Individual, CorpILLC, etc.)
BUSll\JESS D/B/A:
BUSINESS LOCATION:
Owner/Representative:
AIDItlliOri:Eed Signature:
Owner's Home Address:
Business Telephone No.:
-_.__._---
_Title:_U/l {R:1.ee _
EMail Address: 7it6@,jj{)Jt;LCprr'l __. .__ __ . __ , _
The undersigned has been in business since (year): c:! OLL _
The bu.iness is principally engaged in the sale of the folloV/llg types of goods: IioI.uc1?:.. _
TRANSI''ERS ONLY COMPLETE THIS SECTION
PREVIOUS BUSINESS (own"fship): . . . . . _.._. . __. ._.. _ _._.. ._. _ .
PREVIOUS BUSINESS D/B/A: __ . . .. _. __.__.. .. __.. .._._.__. ._._.. .. __.__
PREVIOUS BUSINESS ADDRESS: _ .. __ ... _. ._.. ._.. . __. . . _
PREVIOUS OWNER'S SIGNATURE: __,. .. .._.. __ __.__._.__..__._._. . .._.. ._._._.__
CITY OF NEWPORT, IDJfODE ISLAND

AUG - 2 2011
L
, :
, J
Title: .10rl/LiiU1ltJL-...
Home Telephone No.:t;/ifLL;X;tJ.3
G
J_Y
The undersigned respectfully petitions the Honorable Council for a HOLIDAY LlCENSB to allow retail on the following holidays: New
Year's Day, Memorial Day, FOUlth ofJuly, Victory Day, Lahor Day, Columhus Day, Veteran's Day, or on any day which any enumerated holiday is
officially celebrated. No Holiday Lic.ns. sbnll b. issu.d and a r.tail busin.,s sball not b. open D.cember 25
th
of any yea. 01' Tbl"giving
Day, .xcept pbarmacies, ..tallslores Ibat prineipaUy s.n food products .nd wbich. ....ploy f.w.r tbansix .mployeesper shift at any on.
loeation, flower, g....lon .nd garden ace.,sory shops, video stor.s, .od bakorl.s, (RI G.aeral L... 5-23) ... . w.
Application is made for: Date: 1{ a-
r.-r ..'-, ""'.-,
I. '.
/i- 11 J'
....p.;.+'-!-'-
LICENSE DURATION:
BUSINESS OWNER:
(Individual, CorpILLC, etc.)
BUSINESS D/B/A:
BUSINESS LOCATION:
Owner/Representative:
Aut'lllmi:ed SlgnmtWlwe:
Owner's Home Address:
Business Telephone No.:
,.-""
II Business b) address 1.tl other ispecil'!ll
..------------.__._----_.._---_._-------"---
.lJA/J i" -II/!) J..
E-Mail Address; .. __ ..
The undersigned has been in business since (year): :2001:__. r
Th" business is principally engaged in the sale of the fo!lowing types ofgoods; ..bt1!JtJ115-;.. .._-
---_._----_.__ --
TRANSFERS ONI,Y CO!vWLETE TillS SECTION
PREVIOUS BUSINESS (ownership); ..__. ._._ _ _.._ _ . __.. _ _..__.. _ _ _ ..
PREVIOUS BUSINESS DfB/A: _ __ .._ .. _ ,_ _.. ._ _.._ _ _ _ _
PREVIOUS BUSINESS ADlJRESS:
PREViOUS OWNER'S SIGNATURE;
DOcLSTDffT gjID!co\\
jJJMillJI {lo'( J2loeL fbJj
J
S:J )d6( \ d
(QQtr\ JQJt d l ) rfD f)
U ,J ID 00 M
G\oeIc deb cd
Gwss -{- 3-kEt-is
JQc\uce [Vtu22A.. \t(-Ol) ({<]j - qGoj
, 6C
,
. nn ( .Mcinn
i YciLf
'. ,. ..... II '\' 'I "
'.'\')'.'. ,I I.:...., '.'.'i !e: ,..).... I . ,:::..
'\
, 1\ .JUt 26 2011 ....
. ... .1 ..
Whitwell Avenue Block Party
(Also, Whitwell Place, Robinson St, Eadie St. &
Watson St.)
Saturday, August 20, 2011 at 4:00 pm
(Rain Date Sunday, August 21)
COST: $7.50 PER Adult/$15 Per Household
The cost indudes all food for a
cookout.. .regular & veggie burgers, dogs,
rolls, chips, side dishes and dessert.
Just BYOB and lawn chairs
(we will provide coolers with ice)
R.S.V.P with # attending
By Monday, August 15, 2011 by
calling Jackie Mazza at 450-9605
OR E-MAil JACKMAZ@COX.NET
PLEASE MAil/DROP OFF A CHECK
PAYABLE OR CASH
TO: JACKIE MAZZA
18 WHITWELL AVENUE
NEWPORT, Ri 02840
The Hon. Mayor & Members of the City Council
Newport City Hall
Newport, RI
Dear Mayor and Council Members:
August 1,2011
I would like to thank you and the City of Newport for your kindness in hosting the Morgan V.
Group last October. The height of our three day week-end was a Concours d'Elegance that saw
50 antique Morgans (led by Officer Kevin Parsonage) drive slowly through town from the Best
Western Hotel to the back garden of The Elms. Last year was the 32
nd
year for our annual
national club event ... which we call "AutumnMog". Last year we held the first day of the
weekend events in Charlestown R.I. at Ninigret Park. Our annual Friday Autocross customarily
attracts 20 to 30 vehicles from New England, NY, NJ, PA, MD and VA. But you might not
know be aware that Ninigret Park has been dug up this past year and the old runway was planted
with Maple trees. Accordingly the Morgan club must find a suitable parking lot of reasonable
size in which to hold our Friday Autocross (September 23
fd
).
Last years success and popularity for the AuturnnMog event has led us to once again bring our
three day annual members meeting back to Newport. Friday night we will have dinner at Le
Forge and we are holding our Concours d'Elegance on Saturday at IYRS. Our Grand Banquet
will be at the Best Western Hotel where the majority of the attendees are staying. On Sunday we
will be at the National Museum of American Illustration. In fact you may see all ofthe details of
the weekend at our web site www.morgan34.org.
By way of planning, we have worked for the past two years with Jen Pitt at the Newport County
Convention Bureau. When we received the notice last week from Charlestown regarding
Ninigret Park, Jen suggested that we talk to Eric Reise. Once I explained the actual event to Eric
he suggested that the East Parking Lot at First Beach would be ideal and upon checking his
calendar said that the East lot is available on Friday September 23
fd
Eric suggested that I contact
you.
Accordingly, the Morgan %Group would like to request the use ofthe East Parking Lot ofFirst
Beach for our annual Autocross from 9:30 AM until 4:00 PM on September 23
fd
. This is an event
where we bring in an official from the Sports Car Club of America (SCCA) to set out a tight
course with orange cones and the drivers must drive the course without knocking over a cone.
The cars reach a top-end speed of no higher than 25 to 30 miles per hour.
In the interest of safety we would like to hire Officer Kevin Parsonage (if available) for
area Security. This is a "closed event" and we would not allow the general public onto
the confines ofthe East Lot (albeit people can watch from a distance). We also will have
an EMT vehicle and crew on-site during the event.
The club has had this event every year for the past 16 years and we have an unblemished
record as driving safety is a major concern for us and in fact is the reason for the
Autocross (as a driver training exercise). The club operates as a not-for-profit and carries
a substantial liability insurance policy which I will be happy to send along upon your
request ($3 million per year; $2 million per event). And we will be happy to provide any
references that you may find helpful. In Newport we have worked with Ivan Colon at the
Newport Mansions organization (401) 847-1000 x 139; James Mecray at IYRS (856)
455-5676; and Lis DaCruz at the Best Western (401) 849-9880 Ext. 185. They as well as
Officer Parsonage and Jen Pitt could give you a solid understanding of the Morgan club.
If permission is granted, we would arrive at the lot at 9:30 AM on Friday September 23,
2011 and would be gone by 4:00 PM.
The entity that the contract will be with is The V. Morgan Group, LTD. And the President
of the club (who will be signing the contract) is Laurence E Sheehan. My address is 32
Clowes Dr. Falmouth, MA 02540. I may be reached most any time at my home at 508
3887849 or on my Cell at 617 429 9220. And my e-mail address is
LatTy_Sheehan@comcast.net
Let me take this opportunity to thank you for your kind consideration. We will be
delighted to provide any documentation that you might require.
Sincerely
~ ~ ~
gJ, 6083887849
Laurence Sheehan
President
Morgan V. Group
t'\.,.
7/21/11
To: Kathleen Silvia
City of Newport Town Clerk
Dear Kathy,
JUL 21 2011
It is my intent to relinquish my 2 pedicab licenses as of today's date. Please accept my
plates numbered 13, 14 issued for the 2011 season. Thank you for your help in this
matter. Been a pleasure working with your office.
Regards,
Jim Horiagon
Principal
Rhody Rickshaw
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
COASTAL RESOURCES MANAGEMENT COUNCIL
Oliver Stedman Government Center
4808 Tower Hill Road, Wakefield, RI 02879
PUBLIC NOTICE
File Number: 2011-07-018 Date: July 19,2011
--=-:...=..:--=-'---'---=-----------
This office has under consideration the application of:
Peter Brown
141 Berry Lane
Bristol, RI 02809
for a State of Rhode Island Assent to construct and maintain: a three acre aquaculture farm
northeast of Coggeshall Point, Portsmouth.
Project Location: Coggeshall Point
City/Town: Portsmouth
Plat/Lot: N/A
Waterway: East Passage Narragansett Bay
Plans of the proposed work may be seen at the CRMC office in Wakefield.
In accordance with the Administrative Procedures Act (Chapter 42-35 of the Rhode Island
General Laws) you may request a hearing on this matter.
You are advised that if you have good reason to enter protests against the proposed work it
is your privilege to do so. It is expected that objectors will review the application and plans
thoroughly, visit site of proposed work ifnecessary, to familiarize themselves with the conditions
and cite what law or laws, if any, would in their opinion be violated by the work proposed.
If you desire to protest, you must attend the scheduled hearing and give sworn testimony. A
notice of the time and place of such hearing will be furnished you as soon as possible after receipt
of your request for hearing. If you desire to request a hearing, to receive consideration, it should be
in writing (with your correct mailing address, e-mail address and valid contact number) and be
received at this office on or before August 18, 2011.
"
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Kevin & Lisa Carlos
25 Peckham Avenue
Newport R.I. 02840
Mr. Edward LaVallee
43 Broadway
Newport R.I. 02840
July ,192011
Dear Mr. LaVallee, Please find enclosed 1) a photo of the right rear tire of our
2000 Nissan Altima. The tire and hub cap were damaged due to the construction
work being performed in our neighborhood at the beginning of June by National
Grid. The exact location was at the base of Russell Ave. just before Malbone Rd.
Please also find 2) a copy of the invoice for the replacement of the damaged tire.
It was a small gash but it was on the sidewall and that cannot be corrected, it had
to be replaced. I am hoping you can help us with getting this resolved. I can be
reached anytime by either phone (401) 418-0121 or via email
kevin@premierpm.biz or kpc21856@gmail.com
I would like to thank you in advance for your attention to this matter
& - / ~
r
Kevin & Lisa Carlos
E

0609306751569
INVOICE # 40 gb') (i 7
ATE: 6/Y( !(
Club:306 Res:75 Tr s:1569
C.shier '292956 06109111 04' 25.,
................. .
IIEKBERSfIIPID. 306500942117
KEKBERSHIP EXPIRES 01/12
...................... .
642373 UNR2(>S/60RI5
89,9
990(><>0642373 5UVICE PKG
15.0
104.
6.
111.
TOTAL
4.
TiRE SERVICE
CENTER
586331
523070
556572
804940
080365
804959
TIRE MANAGER ON DUTY
QUALITY CHECK
LUG NUTS TIGHTENED TD
MANUFACTURER'S SPECIFICATIONS
SECURED HUB CAPS
PROPER TIRE INFLATION
VALIDATED PICK lJPSLlPS &
RECEIPTS TO IN.YOICE
PRE:-VE:HICLE: CONDITION I DE:SCRIPTION:
PERCENTAGE OF TREAD REMAINING
.0.T.#'s
STREET
ADDRESS:
MEMBER
NAME:
MEMBER
TELEPHONE
CITY I STATE I .
ZIP CODE:
TIRE DISPOSAL
TIRE BAY SERVICES QTY. STYLE #
MUNTINGAND NEW RUBBE:R VALVE STE:M
RESET TPMS IF NECE:SSARY
STAPLE
RECEIPT
ERE
FRE:E: WITH EVE:RY TIRE: PURCHASE: TIRE:S PURCHASED
15.00
L . IFl'El3'AIjAN0E ., ..> l(' 77' "'/11177'
U IME FLAT' EPAIR R.M.A. STANDARDS "'::> c::>
TIRE: DISPOSAL
HIGH SPE:E:D BALANCE:
TIRE: ROTATiON
WHE:E:L LUG NUT
MOUNT I DISMOUNT
TIRE: RE:PAIR
14/32 100
13/3 92 100
1.2@.2 .9:.1" '.lio
Joo
-iO/.s2 '67: '7$' 083 'flg 100
YOUR INSTALLER ATTENTION. FOITR (4) WIwET DRlVEfAWp Yii:HlCI ES
I have been advised by Ii BJ's Team Member thallI is suggeslcd by
of four (4) Wheel Drive (4114) and All Wl1eel Drive (AWD)
vehICles Ihat all four (4) tires be at Ihe same time. Not dOing so
lIlay lead 10 Severe damage 10 the front and rellf differentials.
Club Member please hlltlal nNEorlhe two options below tballs
applicable to tbls tire purchase.
I. I understand the potential for damage lind accept any and all
liability for not choosing to replace all four (4) tues at the same time.
Member In,itials)
2. I understand the POtential for damage but the vehicle involved in this
tire purchaseis n<;>f Wheel, fOilr (4) Wheel Drive vehicle
-OR- aU f'0'!r (4) tires on this tire purchase.
(Cll1h Mp.mh'p-r,Tt1;f;"'I.....
'I
/.
To whom it may concern,
I
I
J
My name is Stephanie Knightly and I have been a resident of Newport, Rhode Island for three
years now. I am writing this letter because my car was towed on Narragansett Ave on July 28, 2011. I
park on this street everyday because I work at the bottom ofNat1'agansett Ave at the real estate agency,
NewpOlt Rents. I have a parking permit which also allows me to park in sticker designated areas and I
have never had an issue parking here before.
When I got out of work around 4 pm my car was gone and a women came up to me and told me it
had been towed. I asked her why my car was being towed and she pointed to a moving truck that was
outside of her house and said I had parked in a "Temporary Tow Zone". I then looked for signs indicating
this and the only one I found was taped to the sidewalk in an inconspicuous manner. As you could see
from the pictures this sign was taped to the ground on the passenger's side of my car. Since I park here
every day I wouldn't think to walk around my car to look at the ground for a sign indicating NO
PARKING. In addition, there was a pole about 10 feet in front of the sign that was taped to the ground
which I also took a picture of. If the sign that was taped to the ground had been taped to the pole it would
have been in a spot that was visible.
I also looked up Rhode Island's statute for temporary parking signs. In the, Rhode Island Code,
( 31-21-15 Temporary No Parking) it states "In the event that the state or any municipality creates a
temporary parking ban in a given area, any signs within that area allowing parking shall be covered in
such a manner that the lettering on the signs shall not be visible, provided that, the provisions of this
section pertaining to the covering of signs need not be complied with during any snow emergency or
other emergency, or when the state or municipality is conducting any street sweeping or other
maintenance activities." I The sign on the pole in the photo, which indicated sticker parking was
pelmitted, was not covered in this manner.
The total amount in fines was $161.00. I inserted a copy of the receipt from the towing company
as well as a $25.00 ticket that was placed on my windshield. I would like to be reimbursed for both
charges because they were issued unlawfully. I appreciate you taking the time to review my case and I
look forward to hearing from you.
Thank you,
Stephanie Knightly
Ent/'y Method: S,ipld
i 13,00
18:23:&2
RPP/, Code: 00&311
C"13tOiJ\W' COpy
THANK YOU!
Sale
xxxxxxxxxxxx1298
MASIERCARD
lotal:
07/28111
Inv U: 000004
RPP/'vd: Online
R I TOHlNCi
129 CONNEll HWY
NEWPORT, RI. lil28QO
-11000
n../'Chdllt Ill:
'!.,.,"lll w;
\
o
R.I.D.P.U.# MC553
RHODE ISLAND TOWING
"We Tow Them All, Large or Small"
129 Connell Highway Newport, RI 02840
73 Vernon Avenue Middletown, RI 02842
Tel: (401) 847-4000 (888) 748-6964
INVOICE N2
-
Date
i::l'ii II I
I/-O.S. I. D AM Requested By: ;() PI';
CLEAR TIME' DAM DPM . , "
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vehicle Information:
,
Make r; J1 th,)
VIN #
Model 'i J 5" 1 't
RECOVERY FEE TRUCK TOW ONLY
Registration(' {, ) /,.) FI'1Slate
(/,
($60.00 per hour) 8001 10 15,000 Ibs ($85.00ph)
Color
JX I !<

(Charged in 15 minule increments)
Time: End__Start __
() d
Time: End
Condition Total Hours:
.'
Start
MILEAGE ($3.00 per mile) 1st 5 miles free
Extra Manhrs: __x__
Odometer:
Total Hours:
($45 ph days 8-5, and $55 nighls+w'e)
Start:
Total Recovery Fee: ___ Total Truck Tow Fee: ___
End:
NON,CONSENSUAL PRIVATE.PROPERTY TOW
Total Miles:
D $93.00 per tow inclusive. No mileage charge applicable.
Totai Mileage Charge: STORAGE
RELEASE FEE ($20.00 atter'hours)
Date: Time:
Storage Date From: To:
Time Vehicle Released'
Day(s) x $24.00 per day up to 20 It. tor 24 hr.
Total Release Charge:
perIod. Others see Note C. on reverse sIde.
D WHEEL LIFT D FLAT TIRE TOWING CHARGE
on I.J-'
"jO\'
BED/RAMP DJUMPSTART
MILEAGe CHARGe
DOUTOFGAS DLOCKOUT '.

D EXTRA MAN LABOR DWINCHING


STORAGE CHARGe
Cy,q,O"
D DOLLIES
'1iS).
(") 'I
RECOVERY FEE
J
.,,,
REMARKS:
RELEASE FEE
,5/(1 ''/'-'
\ ..--,'
-iii
FUEL SURCHARGE
.1.,_. '
(1;'/;
/ >4'7'-'-
I .. '.'
f
0"
,

:/
....
,.
I
.J
/ Custonil:tr"Slgns'ture
-'_.'"
f 'e<.'J j
SEE CONSUMER iNFORMATION ON BACK
ReVised 3/10
Questions regarding this bill can be addressed to the Tow company.
ComplaInts can be filed with the Ahode Island Division of Public UlUilies and Carriers,
89 Jefferson BlVd., WalW!ck, AI 02888 or Call 941-4500 Motor Carrier Dlv. (Extension 5)

h t'
./
o TRAILER
-0 OTHER
SPECIFY
D
8el
QN
o PicK-UP
CHEVY
FORD
DODGE
o
o
o
o 2CR
"6' 4-DR
o suv
o GREEN
o REO
LOCATION., ,
fi' )
/'L',/, l
VEl:llClE.C9l0R

,,' cooEtflb.
PLATE TYpE
DPASS
OCOMM
OeMB
OTHER
OJ
..
,
,
$ 25
$ 2.5
$ 25
),
CHECK ONE Y:
001 OVERTIMe:' $ 25 0 15 WRONG WAY ON
15 mIn 30 min 1 hr 2 hr ONE WAY STREET
002 OVERTIME _24 HOURS $ 25 0 16 BOAT TRAILER $ 25
.,,,.B03 POSTED _NO PARKING $ 25 0 17 STiCKER PARKING $ 25
0 18 SNOW REMOVAL $ 25
YELLOW CURBING 0 19 CROSSWALK $ 25
o 05 DOUBLE PARKING $ 25 0 20 OBSTRUCTING TRAFFIC $ 25
006 LOADING ZONE $ 25 021 BLOCKING HYDRANT $ 25
007 BLOCKING DRIVEWAY $ 25 022 FIRE LANE $ 25
o 08 TOO CLOSE TO $ 25 0 23 BLOCKING INTERSECTION $ 25
009 TOW ZONE $ 25 024 HANDICAP PARKING $100
010 LEFT WHEELS TO CURB $ 25 025 OTHER $ 25
011 BUS STOP $ 25
012 TAXI STAND $ 25 026 EXPIRED METER
013 ON SIDEWALK $ 25 027 OVERTIME _3 HOURS
014 STREET SWEEPING $ 25
COMMENTS;
NOTICE: parking lines DOUBLE after 30 day's from the date of issuance, if not
paid. Under provisions of Rhode Island General Laws (31-3-5), re-registratlon of
your vehicle may be denied for failure to pay parking nneS.
For addilionallnformation: www.CilyofNewport.com
PLEASE CAREFULLY READ THE FOLLOWING
o I plead GUlLTV to this charge: Place payment in Iicket envelope and return via
mail ordellver to City Hall Collections DIvision.
o I plead NOT GUILTY to this charge and wIsh to have a Municipal Court
hearing: Insert a piece of paper In the ticket envelope containing the following:
your name, address, operator's license number, slate, dale of birth, and phone
number. Briefly specify the reason you are pleading not guilty. Relurn within 10
days. A timely request for a hearing prevents the fine from dOUbling.
o I feelthls Iicke! was Issued IN ERROR: You may request an inilial revIew of
this cHalion wrthln 10 days from the date of Issuance. Provide your reason(s)
for review of this ticket and Include your name, address, daytime phone
number and a copy 01 this tickel. Only send caples of your documentallon
because the paperwork wlll not be returned 10 you. You will be not1fled by mall
of the outcome of the review. Do not send payment or Ihe orlginalllcket althis
lime. Mail to: Parking Vlolallon RevIew, 120 Broadway,
)i/1J'J .... :":IJ\JS]:-IJV
(")J, ,,\
;,\
)':<:1 O.l '!>
':1. !/\1:11:f,';V
'i:l,\iSJr'](j'i/ "13'1,1'(-1 ,)!. ,'li\i.'(,\!:lH
OJ. ',\
3i\I$]HU\/ 'hiO,JiLJ 01. 'to ;V\lsn:
I(
KARNS
Law Group
July 21, 2011
Kathleen Silvia, City Clerk
City of Newport
433 Broadway
Newport, RI 02840
Rachel Karns Kerrison
Member RI & MA Bars
Jude E. Kerrison
Member Rl 6- .MA Bars
RE CLIENT:
DOB:
SS#
ADDRESS:
Michael D. O'Hare
9/18/61
038-40-5642
22 Haile Street, Warren, RI 02885
Dear Ms. Silvia:
Please consider this letter notice within the meaning of Rhode Island General Laws
Chapter 45-15-8, 45-15-9, 45-15-10 and 45-15-5. Please present this notice to the Newport
City Counsel within the meaning of Rhode Island General Law 45-15-9.
Note that I represent Michael D. O'Hare who was injured on May 28, 2011 at 4:15 pm
while on Bowen's Wharf at the base or bottom of Market Square in Newport, Rhode Island.
Please note the area is depicted in Exhibit A of this document and in the police report that is
also part of this document.
As indicated, the area where he fell is at the bottom of Market Square down from the
Seaman's Church Institute located at 18 Market Square, Newport, Rhode Island and, the
Newport Harbor Hotel and Marina in Newport, and is depicted in the attached Exhibit A and
the attached police report.
Michael D. O'Hare fell as a result of an unstable and unsecured drain cover covering a
drain hole. The drain cover was unstable and unsecured causing it to flip up causing Michael
O'Hare to fall in the drain hole when the drain cover flipped up, causing him to sustain
personal injuries.
Note that the InJunes include personal injuries to both of his knees, and legs, and
aggravating his pre-existing low back injuries. Note that he is treating medically for these
injuries and is incurring medical bills and out of pocket expenses. In addition, these injuries
interfere with his ability to work and he is suffering lost wages and a loss of income.
6 Valley Road, Middletown, RI 02842
Telephone: (401) 841-5300 TOll Free: (888) KARNS-LAW Fa.'\:: (401) 846-5999 ElIlail: karnslaw@aol.com We6:www.karnslaw.com
I(
KARNS
Law Grotffage 2
Attached, as part of this notice and made a part here of, please find the following
documents:
1. Police report from the Newport Police Department concerning the
incident. Note that he originally called it into the police on the date
of injury May 28, 2011 and an officer responded to the area to check
on the drain hole and drain cover, as indicated in the police report.
2. Exhibit A consisting of two pages showing the area and the cause of
his fall.
As stated, please consider this letter notice of a defective public way causing Michael D.
O'Hare to suffer personal injuries as above described.
Please consider this letter notice to the City Counsel of Newport within the 60 day
period, as indicated in the above cited Rhode Island General Laws.
Sincerely,
(/
r
RTK/cb
Encl.
Michael O'Hare fell in a drain hole as a result of an unstable and unsecured
drain cover on 5/28/11 at 4:15 p.m. The drain hole is located as shown in
these pictures at the bottom of Market Square on Bowen's Wharf in Newport,
RI. This is down from the the Seaman's Church Institute located at 18 Market
Square and The Newport Harbor Hotel and Marina (sign in the top picture) on
the side ofthe Ship's Store (bottom picture). Pictures taken 7/17/11.
These pictures are close-ups of the drain cover and hole that were taken on
7/17/11. The drain hole cover was unstable and not secured and flipped
up causing Michael O'Hare to fall on 5/28/11.
Newport
NARRATIVE FOR RECORDS CLERK ANDREA STOUT
Ref: 11-10224-0F
Entered: 06/06/2011 @ 1630
Modified: 06/08/2011 @ 1228
Approved: 06/06/2011 @ 1744
06/06/2011 1630
Michael O'Hare came into the station to report a public fall with injuries. Mr. O'Hare reports that he was walking
in Market Sq. when he stepped onto a small man-hole cover that was not properly secured. Mr. O'hare reports
that the man-hole cover flipped up and his left leg slipped down inside the hole.
Mr. O'Hare provided Newport Hospital paperwork showing that he suffered a foot sprain, knee sprain and has
follow -up appt to determine if the fall caused further damage to an already pre-existing condition.
Mr. O'Hare states that he did call the NPD to make them aware of the loose man-hole cover and sought medical
attention on his own for his inj uries two days later, after icing and resting at home.
I check ofthe dispatch log for 5/28/11, does note a can for that date and time. 11-10224 in which an officer
responded to check on the condition of the manhole cover.
Copies of all hospital paperwork have been scanned into images. Mr. Ohare reports that he did have a friend take
pictures of the cover and he will provide those photos to the NPD as soon as they are available.
Carol Castillo 818
Newport Po1ice Department
SUPPLEMENTAL NARRATIVE FOR RECORDS CLERK CAROL A CASTILLO
Ref: 11-10224-0F
Entered: 06/08/2011 @ 1226 Entry ID: 818
Modified: 06/08/2011 @ 1230 Modified ID: 818
Page: 1
Michael D O'Hare came in and submitted three photographs of the drainage cover that injured his foot and leg.
1scanned the photos and also an addendum that he wrote. I entered the witness data into the report.

ADDENDUM CONTINUATION OF A \ 0 (\<kwk REPORT
Victim's last name (Lasl.First,Mlddle)
____
Location of Incident (House#, Street) Tab


Date of Incident
_
Block# Indicate Block Letter or Number in Left Margin
AUG - 2 2011
"We Tow Them All, Large or Small"
129 Connell Highway Newport, RI 02840
73 Vernon Avenue Middletown, RI 02842
Tel: (401) 847-4000 (888) 748-6964
Ng R.I.D.P.U.# MC-553
Vehlcla information:
, ./i' . \ .
.,..... '"., 1 -.',,-.
Make',... (, t/
Raglst"iL.th'1f-l :7
. ,"".
ColQ:61 i ,.". -I.f
OWNER'S NAME: t.Pa', ,/ 'to, ., On; ,'M.. , PHONE:
,. . .
}/ll"/ It lJ q j- (t /:.J' t..
MOd.Y
IN
#


State ($60.00 per hour) 8001 to 15,000 Ibs ($85.00ph)
.-" (Charged In 15 minute increments)
Vear':" i Time: End__Start _
Time: End _
Total Hours: !
t: Start Extra Man-hrs: __x__
MilEAGE ($3.00 per mile) tsl5 miles free T I I H
Odometer: _ 0 a ours: ($45 ph days B-5, and $55 nighls+w/e)
Start: Total Recovery Fee:___ Total Truck Tow Fee: _
End: NONCONSENSUAl PRIVATE-PROPERTY TOW
Total Miles: 0 $93.00 per tow Inclusive. No mileage charge applicable.
Total Mileage Charge: Date: i'A j J J f : Sj t) r;;'iY",-
RELEASE FEE ($20.00 aftar-hours) From: 15 I dI i I To: j: 1-1 u Pp-,
Time Vahlcle Released' Day(s) I x $24.00 per day up to 20 ft. for 24 hr.
Total Ralaase Charge: parlod. Othars sae Note C. on reverse side.
o WHEEL LIFT
OllAT BED/RAMP
DOUTOFGAS
o EXTRA MAN LABOR
o DOLLIES
REMARKS:
o FLAT TIRE
OJUMPSTART
o LOCKOUT
oWINCHING
o
TOWING CHARGE < (,/(;
MILEAGE CHARGE
STORAGE CHARGE d-!>
RECOVERY FEE
RELEASE FEE
FUEL$URCHARGE
. ..
.....
.' Drlver'ssl.on,ature.,,,",,
...- _.... -,. -.::e-
Customer's SI" naii:ire-'" ..... ....._..
SEE CONSUMER INFORMATION ON BACK
TOTAL
Revised 3/10
Questions regarding this bill can be addressed to the Tow Company.
Complaints can be filed with the Rhode Island DIvision of Public Utllilies and Carriers,
89 Jefferson BlVd., Warwick, AI 02888 or Oa1l941-4500 Motor Oarrier Dlv, (Extension 5)
USE STATE
CODES
BADG,ENO.



/; { ..:'
I HAVE AFFIXED r&.ls NO!lC,E,IO VEHICLE
OMA OCT ONH Ovr ONY ONJ OTHER
OFFICER
TYPE, PLATE
LJ . f COLOR
/ '. ,pASS (MASS ONLY) 0
oCOMM
OeMS 0 GREEN 0 TRAILER
OTHER 0 0 OTHER
rn RED SPEClf)'
$ 25
$ 25
$ 25
CHECK ONE VIOLATiON ONLY:/'''''''' -
001 OVERTIME -"'$ 25 D16WRONGWAYON
15mln 30mln 1hr 2hr ONE WAY STREET
DQ2 OVERTIME 24 016 DOATTRAILER $ 25
E103 POSTED. NO PARKING,"""'S 25 17 STICKER PARKING $ 25
f 004"RESTRICTIiDAREA <" -"$'26"' tJ 18 SNOW REMOVAL $ 25
YELLOW CURBING 019 CROSSWALK $ 25
005 DOUBLE PARKING $ 25 020 OBSTRUCTING TRAFFIC $ 25
006 LOADING ZONE $ 25 D218LOCKINGHYDRANT $ 25
007 BlOCKINGDRlVEWAY $ 26 022 FIRE LANE $ 25
008 TOO CLOSE TO CORNER $ 26 023 BLOCKING INTERSECTION $ 25
009 TOW ZONE $ 25 024 HANDICAP PARKING $100
010 LEFT WHEELS TO CURB $ 25 025 OTHER . $ 25
0.11 BUS'STOP $ 25
012 TAXI STAND $ 26 026EXPIREDMETER
013 ON SIDEWALK D270VERTIME-3HOUR'S
o 14 STREET SWEEPING $ 25
COMMENTS:
NOTICE:' Parking fines DOUBLE, after 30 days from the dele of Issuance, If not
paid. Under provlslona of Rhode Island General Laws (31-3-5), re-reglstrallon of
yourvsfllc1e msy be denIed forfalture to pay parking. fines.
For addltlonallnformallon:
PLEASE CAREFULLy READ THE'FQLj..oWING
o I plead 'QUILTY to this charge: PlEiC8'paymet\lln Ilcket ,envelopa and retum vis
,J?mall ordallver to City Hall Collections Olvlslon. ",'
plead NOT QUILTY to this charge and wish to have a Municipal Court
hearlng: Insert a place ofpepar In the ticket envelope contaIning the followIng:
your neme, address, operalors license number, stale, date of blrlh and phone
number. Brlefly specify the reason you are pleading notgultly. Return within 10
days. Atimely requesl for 8 hearfngprevents the fine fromdoubling.
o I feel this ticket was Issued IN ERROR: You may request an InlUal review of
this citation within 10 days from the dale of Issuance. Provide your r&ason(s)
for review of thIs ticket and Include your name, address, daytime phone
number and a copy of thIs llcket. Only send coplas of your documentation
because the pspelWork wUl not be retumed to you. You will be notlned by mall
of the outcome of the revlaw. 00 not send payment or the orfglnal ticket at thIs
lime. Mail to: ParkIng VIolation Review, 120 Broadway, Nawport RI 02840:..
July 29, 2011
Mr. Stephen C. Waluk
Mayor of Newport
City Hall
43 Broadway
Newport, RI 02840
Dear Mr. Waluk:
25 Long Street
East Greenwich, RI 02818
RECEmVED
AUG 01 2011
lMayr'l,l Oni
C ~ l I o ~ l'llQ1WP"
On Tuesday, July 26 I was coming to work in Newport. I was on Touro Street heading north toward the
intersection of Spring Street and Touro. I crossed over Spring Street and was just onto the other side of
Touro and hit two storm grates in the road at the corner of the intersection. I immediately heard a
noise and I determined I had blown a tire. The road is quite bumpy and the grates are extremely uneven
and raised above the blacktop at the intersection of Touro and Spring. My right rear tire hit both of the
grates and I got a flat. They are very dangerous to drive over. That road is also narrow. The cars
coming south down Touro are supposed to stop on the white line to give cars turning up onto Touro, or
coming up Touro on the other side of the street room, but they do not stop on the line, they pull right
up to the corner of the intersection, making the road even more narrow for cars to travel in both
directions. I pulled my car on to High Street to check out my tire and sure enough I had a flat in my
right rear tire. AAA came and put the spare tire on the car for me. I was late one hour to work. The tire
had two cuts in it.
I brought the car to be serviced directly after work. It was determined that the tire could not be
repaired; it was damaged beyond repair, thus, needed to replace the tire. I am writing to request
reimbursement for the tire. I am enclosing a bill for the new tire, and, photos of the grates in the road,
and of other bumps/holes in the road where the flat tire occurred. I am lucky that the rim on the tire
did not sustain damage from the flat tire.
I would appreciate being reimbursed promptly for the damaged caused to my tire.
Thank you.
Sincerely,
Enclosures
MIiCHEUN
fJI!BHlJIJlES1iJ18E
Genillra6
Co'per
'FIrestone
!!,FGtJ/@drleJi
JOHNSTON
2760 Hartford Ave.
(401) 934-3220
6.UIIIIRDYAL6
Yokohama
@niinental'>
SEEKONK
10 School St. & Rt. 6
(508) 338'4100
.. Wheel Alignment
.. Brakes
Batteries
lifetime Shocks & Struts
Mufflers
.. Nnrogen
SMITHFIELD
390 George Washington Highway
(401) 349-3868
Computerized EngIne Analysis
.. Stale Inspection
.. Engine Repairs
.. COmpU!IHized Wheel BalancIng
.. Custom Wheels
w.,_,_w_"...
"""""'\MIIO<
AUTOMOTIVE
SERVICE
EXCELLENCE
"'..
PEDRO
l
HENRIQUE
SOLD TO: 25 LONG ST
WARWiCK RI 02319
1/05 SANE
SHIP TO:
12763G
CUST. P,O. # MAKE - MODEL TAG MILEAGE TELEPHONE SLM SHIP VIA ORDER # PAGE REMARKS
\'>'''-'.l.. "\'
051\ERCURY HP52 77591 (1;01) 935-
1
:191 !Ii D5 iUA 293179
INVOICE DATE
INVOICE PREVIOUS SHIPPED
TERMS
CALL
NUMBER INVOiCE NUMBER
Opened by !.f 22
07/27/2011 127639 CASH SALE 07127/11 12,15;0
1
; 22
STOCK NUMBER I . SIZE DESCRIPTION
QUANlllY
UNIT PRICE I T I EE.T. I EXTENSION
OROERS SHIPPEO PREVo SHIP.
IJ'ltlfjj.C'
8i:N HL11I'IH,' "' /W, I 1

SERV!f4ECH
2052 T5 MOUNT TIRE ON WHEEL
,
1 .00 .00 .00
,
2020 TS COMPUTERiZED WHEEL BALANCE 1 1 16.95 .00 16.95
aal TS NEW RUBBER VALVE 1 1 .00 @1 .00 .0&
2053
Te
RECYCLE OLD TiRE 1 1 2.75 2. 75
,"
IdCE t i in h'unk
,':ETHOD OF PAW'lENT;
1 159.92 EXP: XXlXXXX AUIHORWnWM CODE: l.
CHANGE, .0@
WORK
Slwijohn Medeiros
AUTHORIZATION
PARTS LABOR TAX % TAX F.E.T.
IfO'l'Ai'. I-I",WU," i
133, j!3 16. So,
13\;,,5 ,. 17 1:)';.80
CITY OF NEvVPORT, RHODE ISLAND
APPLICATION FOR A PEDICAB LICENSE CD
TO THE HONORABLE COUNCIL OF THE CITY OF NEVlPORT:
*Applicant:
Application is hereby made fora PEDICAB LICENSE.
No. of Pedicabs: Aw..'''''-{'<.J. 6l.J2 h..I" o\dd:ko..q \
Ped: etL L,. l LC.
d/b/a:
Printed Name:
Business Tel. No.
Address:
'62 0""
_'-1,--0-"1_--,,,-=-4-'--.1--". Home Tel. No. __'....:...' _
*On a separate sheet, list names and addresses of principal officers if a corporation; if
not, the names and addresses of partners, trustees, or other owners.
THE FOLLOWING INFORMATION MUST BE ATTACHED TO,APPLICATION:
1) Description ofpedicab(s), including trade name, no., body style.
2) A map of Newport showing locations of proposed routes or methods of
operation.
3) Location of proposed stations, stands or pick-up points.
CONDITIONS: Must comply with all State and Local Motor Vehicle Code
regulations pertaining to bicycles. No loading or discharging of passengers on
roadways so as to interfere with traffic. Pedicabs may not operate between 2:00 a.m.
and 6:00 a.m., and are prohibited from Memorial Blvd. and Memorial Blvd. West,
except to cross over at Spring St. and Bellevue Ave.
********************** ** For Office Use Only ************************
$15.00 Filing Fee paid IJfA) I)
Date paid:
__ Date: _
License Fee ($50 per pedicab)
Council Action:
Proof of Liability Insurance (not less than $1 million per occunence) attached that meets the
requirements of Section 5.97.250
Date License Issued: Decal Nos. __
Printed Name:
Business Tel. No.

CITY OF NEWPORT, RHODE ISLAND
APPLICATION FOR A PEDICAB LICENSE (DECAL)
DATE: 5" '1 I I
TO THE HONORABLE COUNCIL OF THE CITY OF NEWP,QRT:
Applio""on i, h"eby """!.e fo, a LICENSE. , ' ,
No. of Pedicabs: ' , MAY A 9 2011
*Applicant: __ --",C,<:<"",!L...<; --rlr -i-_---..:
c
"'-'"---r'''''''-'_'_
d/b/a:
Signature of Applicant: '!v'I.../ (,: C\C"'"
h",J
Address: d...><8C-"Vl:...-V...=.e--.---_R._==, ,----'
_i--"tJ:....:1_4-'--'i-'-..'....:;-?'-'<:-'iL't->--_ Home Tel. No. __1' _
*On a separate sheet, list names and addresses ofprincipal officers if a corporation; if
not, the names and addresses ofpartners, or other owners.
THE FOLLOWING INFORMATION MUST BE ATTACHED TO APPLICATION:
1) Description ofpedicab(s), including trade name, serial no., body style.
2) A map of Newport showing locations of proposed routes or methods of
. operation.
3) Location of proposed stations, stands or pick-up points.
CONDITIONS: Must comply with all State and Local Motor Vehicle Code
regulations pertaining to bicycles. No loading or discharging of passengers on
roadways so as to interfere with traffic. Pedicabs may not operate between 2:00 a.m.
and 6:00 a.m., and are prohibited from Memorial Blvd. and Memorial Blvd. West,
except to cross over at Spring St. and Bellevue Ave.
Office Use Only ************************
$15.00 Filing Fee paid:
License Fee ($50 i/)0,00 ! j Date paid: (;;- fi (4:-;J.
"",dHi/{,i!!l"/ ) j.lrI MAi Y2r;: 'lIiH
Council ex"jfiX!,(7 .. d47/..::> Date: __H_' ---=...:Jc...:::W""A""J! _
Proof of Liability Insurance (not less than $1 million per occurrence) attached that meets the
requirements of Section 5.97.250 ......... '/_'e...:5:::-. _
Date License Issued: (O-ff-I f Decal Nos. --:..:i)=----'f--'..I_(O _
Sciola, Rap.:.:,he:::... _
From:
Sent:
To:
Cc:
Subject:
Attachments:
George Brian Sullivan, Ph.D. [gbsulli@gmail.com]
Friday, July 29, 2011 11 :24 AM
Duncan, Charles Y.; Mills, Tim; Harry Winthrop; Napolitano, Jeanne-Marie; McLaughlin,
Justin; Leonard, Kathryn E.; Waluk,Stephen; Naomi Neville
Tom Shevlin
City Flag Gift(s) to the City of Newport and Newport Love Day Greetings and Proclamation on
July 29th 2011
FINAL DRAFT Newport Love Day (1977-2011) Proclamation revised 7.28.11.doc
La Fondation NEWPORTANTE /The NEWPORTANT Foundation
*Ad Hoc NewportjAmor Vincet Omnia City Flag Committee*
* Newport Love Day (1976 - 2011) Committee *
76 Broadway, Studio 504 *Newport, Rhode Island 02840
401.847.9434 * gbsulli@gmail.com
July 29, 2011
The Honorable
Mayor Stephen C. Waluk
And Honorable Members of Newport City Council
Newport City Hall
43 Broadway
Newport, RI 02840
Dear Mayor Waluk,
The Ad Hoc NewportjAmor Vincet Omnia City Flag Committee and the Newport Love Day
Committee of the Newportant Foundation is very pleased and honored on the occasion of our Thirty-
Fifth Annual Celebration of Newport Love Day to present a 6' x 10' Newport Flag to the City of '
Newport.
We give this flag to the auspicious usage of City Hall, where we deem it may best be unfurled
on occasions such as Newport Love Day. In addition to our gift of the City Flag, we are also sending
1
you our Newport Love Day Proclamation. Please submit the flag and the proclamation to your
consideration and vote to formally receive and endorse the workings ofthe Newportant Foundation's
Flag and Newport Love Day committees.
In closing we extend our best wishes to the Newport City Council, to the entire staff of City
Hall, and to city employees throughout our town for a Happy Newport Love Day; and, may Love
Conquer All for you and for our fair City-by-the-Sea day after day after Love Day.
Very cordially yours,
George Brian Sullivan, Ph.D., A.k.a. Doctor Love
Chairperson/CEO
Enclosures: Newport/Amor Vincet Omnia City Flag [a 6' x 10', Dacron flag, Mfg. by Gettysburg Flag
Works, Gettysburg, Pa., cost: $525.00]; and, our Newport Love Day Proclamation (1976 - 2011).
2
La Fondation NEWPORTANTE Ifhe NEWPORTANT Foundation
* Newport Love Day (1976 - 2011) Committee *
76 Broadway, Studio 504 *Newport, Rhode Island 02840
401.847.9434 * gbsulli@gmai1.com
n

1976-&011
WHEREAS, He, whose name is Love, has lovingly commanded us: "I give you a new
commandment: Love one another" [John 13:34]; and,
WHEREAS, the ancient Roman poet, Virgil, has versified: "Since Love conquers all, all
must yield to Love" [i.e., Omnia vincit Amor; et nos cedamus Amari. - Eclogues, X]; and
WHEREAS, this motto, likewise, is emblazoned upon the Newport / Amor Vincet Omnia
City Flag, because Roger Williams, writing in 1658 explained, "... since there is so
much sound and noise of purchase and purchasers, I judge it not unseasonable to declare
the rise and bottom of the planting of Rhode-Island in the fountain of it: it was not price
nor money that could have purchased Rhode-Island. Rhode-Island was obtained by love;
by the love and favor which that honorable gentleman Sir Henry Vane and Myselfhad
with that great sachem Miantinomi."; and,
WHEREAS, the biblical commandment, the poet's verses, and the Newport Flag's motto
direct us to love one another and yield to Love, as our paramount concern for every
minute of every hour, every hour of every day, continually, every day of every year of
our lives; and,
WHEREAS, that we love is as essential as that we live; so much so, that living and
loving become one the more our human nature fulfills itself in goodness; and,
WHEREAS, goodness is present everywhere, when we have eyes to see how Love
conquers all; and,
WHEREAS, guided by Love we obtain the serenity to accept the things we cannot
change, the courage to change the things we can, and the wisdom to know the difference;
and,
WHEREAS, the serenity, courage, and wisdom flowing from Love, bringing us to
understand the meaningful unity of beauty and truth; and,
WHEREAS, the unsurpassed beauty and truth of our fair City of Newport becomes
meaningful through our Newportant love, loving the beaches and the Bay; loving the
Cliff Walk and the Ocean Drive; loving The Breakers and The Elms; loving the Hunter
House and the White Horse Tavern; loving from the Atlantic shoreline to Farewell Street,
and from Newport's Colonial origins to Newport today and Newport tomorrow; and,
La Fondation NEWPORTANTE !The NEWPORTANT Foundation
*Newport Love Day (1976 - 2011) Committee *
76 Broadway, Studio 504 *Newport, Rhode Island 02840
401.847.9434 * gbsulli@gmai1.com
n
WHEREAS, , the greatness of our fair City-by-the-Sea, nestled on her Island of Peace,
can only properly be comprehended by our ever-growing love for her, expressed in our
loves for one another, and by our comprehensive loves for all her children, our very dear
sisters and brothers of past, present and to come.
THEREFORE BE IT RESOLVED, as we are well persuaded by these convincing
reasons of the justification for dedicating a special day to joyously commemorate
Newport Love, it is resolved that the Newport Love Day Embassy of the Newportant
Foundation, hereby, empowers Doctor Love to issue and proclaim this Love Day
Proclamation: In the name of Love, therefore, and since there is no higher authority, we
hereby proclaim, Friday, July 29
th
2011 as the Thirty-Fifth Annual Newport Love Day,
traditionally celebrated in keeping with the spirit and sentiments of this proclamation and
as every individual sees fit, however one may be moved by his heart's desire.
Henceforth, let Newport, Rhode Island be known as the Cradle of Love Day, which we
dearly hope shall become a festival for all the world to share: our World Lovolution Day.
Lovolution Now! Bring it on! All for Love and Love for All!
Thus empowered and resolved, Doctor Love urges and enjoins all within hearing of
his voice: Love one another always, and love Newport all the time all the days of your
lives. Love will prevail in all ways, days after days after days. Celebrate love day with
someone you love. And, may your heart fill with gladness when you look upon the
eloquent flag of Newport: Our "New Glory of Love" flying over the town, proclaiming:
"Amor Vincet Omnia", meaning "Love Conquers All"; and Newport Love Day shall
demonstrate to all: "Love reigns supreme! Love is King! Love is Queen! Long live
Love!"
Lovingly proclaimed by George Brian "Doctor Love" Sullivan, Ph.D., Amorior.
_________________________.Date _
Ambassador of Love
)
CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. __-,-__
)
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the City of Newport is a world class community
attracting millions of visitors annually; and
hundreds of special events are planned and
approved by the City on an annual basis; and
the City Council and administration frequently
address logistical elements, such as traffic for
special events within the city; and
special events also have regional impacts to
Aquidneck Island including its municipalities so
inter-governmental communication is vitally
important for proper management. NOW, THEREFORE,
BE IT
)
RESOLVED: that the City of Newport will notify both
Middletown and Portsmouth after the granting of
approved special event licenses by the City
Council.
CHARLES Y. DUNCAN
STEPHEN C. WALUK
KATHRYN E. LEONARD
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. _
WHEREAS, a joint meeting of all Newport
Councils has been organized
Monday, August 29, 2011; and
County City and Town
to take place on
WHEREAS, the City of Newport is a proponent of shared
services and regional initiatives; and
WHEREAS, it is in the best interest of
communities to find ways to
potentially minimize costs; and
all Newport County
work together and
WHEREAS, this meeting presents an opportunity for an open
discussion of regionalized efforts. NOW THEREFORE,
BE IT
RESOLVED: that the City Council endorses this concept and
looks forward to participating in the August 29
th
meeting
STEPHEN C. WALUK
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO. _
AN ORDINANCE IN AMENDMENT OF TITLE THREE OF THE CODIFIED ORDINANCES OF THE CITY OF
NEWPORT, RHODE ISLAND, REVISION OF 1994, AS AMENDED, ENTITLED, "PERSONNEL."
BE IT ORDAINED by the City of Newport:
SECTION 1. Chapter 3.16.060, Pay Schedule for classified service, is hereby further
amended as follows for EXECUTIVE, ADMINISTRATIVE AND PROFESSIONAL EMPLOYEES, SUPERVISORY
EMPLOYEES - N.E.A., COUNCIL 94 EMPLOYEES, POLICE DIVISION AND FIRE DIVISION.
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 1080
Effective June 30, 2011
CLASS TITLE A B C D E
Fire Fighter 34,119.74
Lieutenant
Lieutenant, Fire Alarm/Maintenance
Captain
Captain, Administrative Officer
Captain, Fire Inspection
Captain, Fire Prevention
Captain! Superintendent of Fire Alarm
Fire Marshal
Deputy Chief
Senior Deputy Chief
37,756.99 43,086.88 47,441.13 56,341. 82
60,911.99
66,628.06
67,112.84
66,628.06
67,973.81
67,973.81
67,973.81
81,928.56
74,480.51
75,870.16
Effective January 1, 2012
CLASS TITLE A B C D E
Fire Fighter 35,058.03
Lieutenant
Lieutenant, Fire Alarm/Maintenance
Captain
Captain, Administrative Officer
Captain, Fire Inspection
Captain! Fire Prevention
Captain, Superintendent of Fire Alarm
Fire Marshal
Deputy Chief
Senior Deputy Chief
38,795.31 44,271.77 48,745.76 57,891.22
62,587.07
68,460.34
68,958.45
68,460.34
69,843.09
69,843.09
69,843.09
84,181.60
76,528.72
78,059.34
SECTION 2. This ordinance shall take effect July 1, 2011, and all ordinances or parts of
ordinances inconsistent herewith are hereby repealed.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
ORDINANCE
OF THE
COUNCIL
NO.
AN ORDINANCE IN AMENDMENT OF TITLE 5 OF THE CODIFIED ORDINANCES OF
THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS AMENDED,
ENTITLED, "BUSINESS LICENSES AND REGULATIONS."
BE IT ORDAINED by the City of Newport,
SECTION 1. Chapter
of Newport, Rhode
entitled, "ALCOHOL
follows:
Section 5.12.060.
5.12 of the Codified Ordinances of the City
Island, Revision of 1994, as amended,
BEVERAGE LICENSES", is hereby amended as
Regulations of the board of license
commissioners.
DELETE Table 1 of Paragraph J (Noise) and ADD IN LIEU THEREOF
THE FOLLOWING:
Location of Recei ving Time Sound Limit dBA
Land Use
Zoning District:
Residential 7:00 a.m. to 9:59 p.m. 65 dBA
10:00 p.m. to 6:59 55 dBA
a.m.
Limited Business 1:00 a.m. to 7:00 a.m. 55 dBA
All other times 75 dBA
General Business 1:00 a.m. to 7:00 a.m. 55 dBA
All other times 75 dBA
Waterfront Business 1:00 a.m. to 7:00 a.m. 55 dBA
All other times 75 dBA
Commercial/Industrial 1:00 a.m. to 7:00 a.m. 55 dBA
All other times 75 dBA
Other:
Public Water 1:00 a.m. to 7:00 a.m. 55 dBA
All other times 65 dBA
Noise Sensitive Area 7:00 a.m. to 9:59 p.m. 65 dBA
10: 00 p.m. to 6:59 55 dBA
a.m.
ORDINANCE
OF THE
COUNCIL
NO.
(Page 2)
SECTION 2. This ordinance shall take effect upon its passage
and all ordinances or parts of ordinances inconsistent
herewith are hereby repealed.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO. _
AN ORDINANCE IN AMENDMENT OF TITLE 5 OF THE CODIFIED ORDINANCES OF
THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS AMENDED,
ENTITLED, "BUSINESS LICENSES AND REGULATIONS".
BE IT ORDAINED by the City of Newport,
SECTION I. Title 5.97 of the Codified Ordinances of the City of Newport, Rhode Island,
Revision of 1994, as amended, entitled, "Pedicabs," is hereby amended as follows:
5.97.120 Pedicab Decal
DELETE the current paragraph and add in lieu thereofthe following:
"It is unlawful for any owner to lease, rent, or allow a pedicab to be operated for hire
within the City without first having obtained a decal issued pursuant to this ordinance. The
decal shall be affixed iH Ii manHer preseribe14 by the City to the rear of the pedicab and be
clearly visible and unobstructed at aU times,"
5.97.110 Fare Schedule
DELETE Paragraph (B) and ADD IN LIEU THEREOF the following new Paragraphs
Band C and renumber the current paragraph C as D.
"B. Pedicab operators offering tours must have the fee schedule for such tours
clearly visible to the public at all times.
"C. It is unlawful for any pedicab operator to demand from a passenger a fare
or tour fee greater than that contained in the posted schedule.
"D. Paragraph (B) does not apply to fares for special tours, provided that the fare for
the special tour is agreed upon between the passenger and the pedicab operator
prior to the beginning ofthe tour."
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO. _
(Page 2)
5.97.220 Regulations for Pedicab Operations
ADD the following new paragraphs:
"I. Pedicab operators shall not park at any time in the recessed parking area on
America's Cup Avenue south of Long Wharf designated for bus parking.
"J. Pedicab operators shall not park at any time in the turn area on the south side
of Memorial Boulevard West at Thames Street.
"K. Pedicab operators offering tours at the Humphrey J. Donnelly, III,
Transportation & Visitors Center must register their vehicles in the Visitors
Center and operate through the Visitors Center consolidated tour program.
SECTION 2. This ordinance shall take effect upon its passage and all ordinances or parts of
ordinances inconsistent herewith are hereby repealed.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
ORDINANCE
OF THE
COUNCIL
NO.
AN ORDINANCE IN AMENDMENT OF TITLE 8 OF THE CODIFIED ORDINANCES OF
THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS AMENDED,
ENTITLED, "HEALTH AND SAFETY".
BE IT ORDAINED by the City of Newport,
SECTION 1. Chapter 8.12 of the Codified Ordinances of the City
of Newport, Rhode Island, Revision of 1994, as amended,
entitled, "NOISE ABATEMENT", is hereby amended as follows:
8.12.080. Maximum permissible sound levels by receiving
Land use.
DELETE Table 1 and ADD IN LIEU THEREOF the following:
Location of Receiving Time Sound Limit dBA
Land Use
Zoning District:
Residential 7:00 a.m. to 9:59 p.m. 65 dBA
10:00 p.m. to 6:59 55 dBA
a.m.
Limited Business 1:00 a.m. to 7:00 a.m. 55 dBA
All other times 75 dBA
General Business 1:00 a.m. to 7:00 a.m. 55 dBA
All other times 75 dBA
Waterfront Business 1:00 a.m. to 7:00 a.m. 55 dBA
All other times 75 dBA
Commercial/Industrial 1:00 a.m. to 7:00 a.m. 55 dBA
All other times 75 dBA
Other:
Public Water 1:00 a.m. to 7:00 a.m. 55 dBA
All other times 65 dBA
Noise Sensi tive Area 7:00 a.m. to 9:59 p.m. 65 dBA
10:00 p.m. to 6:59 55 dBA
a.m.
ORDINANCE
OF THE
COUNCIL
NO.
(Page 2)
SECTION 2. This ordinance shall take effect upon its passage and
all ordinances or parts of ordinances inconsistent herewith are
hereby repealed.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
) MEMORANDUM
To:
From:
Date:
IRE:
Mayor and Councilors

Edward F. Lavallee, City .
August 2 2011
Docket Item- Noise Ordinance Amendments
At the July 27
th
Council meeting, Council approved a recommendation to modifY language in the noise
ordinance that will eliminate an overlap in the times specifying noise level limits. In the current language
of the ordinance a one-minute overlap appears at times specifying a change in' the permissible noise
levels. The correction will eliminate the time overlap.
The Council also deferred another change concerning the application of "narrow band" sound. By
definition, the Ordinance specifically limits noise levels for this type of sound, and distinguishes it from
other conventional noise levels. The original recommendation to the Council was to apply this narrow
band sound standard to noise emanating from air conditioners.
) Subsequent to the drafting of the recommended Ordinance change, the staff was advised to research air
conditioner manufacturers to determine whether the application of the narrow band sound limit would
conflict with conventional air conditioner noise output specifications; the concern being that the City may
be considering a permissible noise limit reduction that is unreasonably low relative to the manufacturers'
design specifications. Aside from the question of applying the noise output specifications for air
conditioners, challenge has been raised concerning the appropriateness of applying the narrow band noise
standard to air conditioner noise. The challenge purports that the specific sounds emanating from air
conditioners does not satisfy the conventional definition of narrow band sound. The staff has been
provided with a report of an engineering study conducted in Newport that distinguishes air conditioner
noise from that meeting the criteria of narrow band sound. The specific property at which the engineering
study was conducted is 68 Ayrau.\t Street. Noise emanating from air conditioners at that site was
analyzed by an acoustics engineering firm and determined not to satisfy the particular sound wave
characteristics of narrow band sound. The staff will further research the issue to corroborate the recent
study. In the interim, no changes should be made to the current ordinance language concerning narrow
band sound, and the narrow band sound standard should not be applied to air conditioner noise unless
future research contradicts the current acoustics engineering report.
EFL/paf
)
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO. _
AN ORDINANCE IN AMENDMENT OF TITLE TEN OF THE CODIFIED ORDINANCES
OF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS
AMENDED, ENTITLED, "VEHICLES AND TRAFFIC."
BE IT ORDAINED by the City of Newport:
SECTION 1. Chapter 10.22 of the Codified Ordinances of the City of
Newport, Revision of 1994, as amended, entitled, "Valet Parking,"
is hereby further amended as follows:
Section 10.20.110. Operational Regulations and Restrictions
for Valet parking Service.
ADD: "E. The operator of a valet parking business shall be
responsible for the cost of labor and materials
associated with the City's installation of, and
removal of, signage designating an approved valet
parking service area, which signage shall also
indicate that it is a tow zone for non-authorized
vehicles."
SECTION 2. This ordinance shall take effect upon its passage and
all ordinances or parts of ordinances inconsistent herewith are
hereby repealed.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO. _
AN ORDINANCE IN AMENDMENT OF TITLE TEN OF THE CODIFIED ORDINANCES
OF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS
AMENDED, ENTITLED, "VEHICLES AND TRAFFIC."
BE IT ORDAINED by the City of Newport:
SECTION 1. Chapter 10.20 of the Codified Ordinances of the City of
Newport, Revision of 1994, as amended, entitled, "Parking
Generally," is hereby further amended as follows:
Section 10.20.170. Towing by Police Division.
ADD: "M. Any motor vehicle or other vehicle parked in
designated "Valet Parking" spaces shall be subject
to tow, provided such spaces are duly signed as tow
zones."
SECTION 2. This ordinance shall take effect upon its passage and
all ordinances or parts of ordinances inconsistent herewith are
hereby repealed.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
MEMORANDUM
To:
From:
Date:
JRE:
. Mayor and Councilors
Edward F. Lavallee, City Manager <6''I{;t'IJ:kjf' -,,-
Iv' ,
, /
August 2 2011
Docket Item - 205 Ocean Avenllle - JRequest for Removal of Streetlight/Pole
At the last City Council meeting, the Council granted approval for a modification to the existing utility
pole and street light abutting the property at 205 Ocean Avenue. The administration was authorized to
work with the applicant to resolve the details of an alternative plan. The applicant had engaged a traffic
engineering consultant and from the finding of the consultant's study proposed to remove the light pole
and replace it with an estimated ten traffic directional and warning signs. The proliferation of signage on
Ocean Avenue having been raised as an issue in recent months, the applicant's attorney and staff met to
consider other options. Both parties agree that a plausible solution is to relocate the existing utility pole
to the opposite side ofthe street, thereby removing the pole and light glare from the applicant's property
but retaining the illumination of the roadway provided by the streetlight.
It is understood that the applicant will pay National Grid for the cost of relocating the utility pole. The
applicant's attorney, Dan Prentiss, will confirm this plan with his client and proceed with a petition to
move the pole. I have asked Mr. Prentiss to keep the City informed of progress. Also, the Public Services
Director is in contact with our National Grid liaison to facilitate initiation of the work
EFL/paf
Communication # 4877/1 1
Docket Date: July 27,2011
City of Newport
REQUEST FOR CITYCOUNCIEA'CTION
To:
From:
Date:
Subject:
Staff Pre.entation:
Mayor Stephen C. Waluk & 'yfthe City Council
Edward F. Lavallee, City ManageM!r
July 15, 2011
Award of Contract - Broadway Street.cape Final De.ign Phase
Paige R. Bronk, PlanninglDevelopment Department Director
RECOMMENDATION:
Approve a not to exceed contract award of$357,656.45 to The Louis Berger Group, Inc. for final design services for the
Broadway Streetscape Project.
BACKGROUND AND FINDINGS:
The Broadway Streetscape Preliminary Design phase was successfully completed in 2010. A Council Workshop was
conducted in November 2010. The Project proposes streetscape improvement upgrades to the road surface, curbing,
pedestrian crossings, sidewalks improvements, and lighting to the benefit of businesses, residents and visitors. There has
been strong public support for this effort to date. Funding has been allocated to both Preliminary and Final Design
phases. The City has been proactive in strategically financing and managing the project to leverage federal and state
construction financing. There have been positive discussions with RIDOT regarding this proactive approach. In
preparing for such construction funding, the City is satisfying RIDOT design specifications.
This project is being coordinated by staff from Planning/Development and Public Services Departments. A Request for
Qualifications (RFQ) was distributed to solicit proposals from qualified design firms for this final design phase. A
Qualified Based Selection (QBS) process waS used to select the preferred team. Seven (7) firms responded and three (3)
were "short-listed" and interviewed. Staff used criteria to evaluate the teams; the evaluation summary is attached.
Ultimately, The Louis Berger Group, Inc. (LBG) and their three sub-consultants were selected as the preferred team.
The sub-consultants include Gates, Leighton & Associates, Antonio Franco & Associates, and BL Companies, Inc.
The project "Scope of Services" and budget for the final design has been refined through discussions between staff and
the LBG team. The "Project Schedule" illustrates a 10 months timeframe, but with a 90% design submittal made to
RIDOT in 8 months. During the design process, there will be ongoing communication with RIDOT for staged design
reviews to ensure the product satisfies RIDOT standards and specifications. RIDOT has reviewed the Preliminary
Design and has agreed to work closely with the City on this next phase. The budget has included costs for this ongoing
communication and review with RIDOT. In addition, RIDOT required an "underground survey exploration" which has
been included to the budget at a cost of $39,000. LBG will be using the road survey provided by RIDOT,. but some
"spot" measurements may be required as needed. Further analysis for the shared bike use within the corridor has also
been added to the project.
This final design phase includes the development of Plans, Specifications and Estimates (PS&E) for review and
procurement, the RIDOT advertising process, and coordination/review of bid construction submittals.
PREVIOUS LEGISLATIVE ACTION - Resolution 2009-51
FISCAL IMPACT
lCurrently Budgeted (Account 13-190-5000-50440-133980-CIP and 24-190-5000-50440-243225-CDBG)
_Requires additional appropriation _No Fiscal Impact
DOCUMENTS ; OJ ;))10/;1
RFQ Submittals - Evaluation with Criteria
Corporate Information Sheet
Contract with Exhibits A (Statement of Services), B (Schedule), and C (Fee Summary)
Finance Dept Review:
1
Date By: nb (if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..
WHEREAS: The City of Newport requested Proposals for the Broadway
Streetscape Improvement Project, Bid # 11-054. Qualification Based
Submittals were received on March 25, 2011.
WHEREAS: The City has successfully completed the Preliminary Design
Phase for the Broadway Project and requires technical assistance to
complete the Final Design Phase for the project.
WHEREAS: An Request for Qualifications (RFQ) was developed and
distributed and seven qualified firms submitted proposals.
WHEREAS: Submittals were evaluated based upon criteria and three firms
were selected for interviews and The Louis Berger Group, Inc. was selected
as the preferred team based upon their qualifications and proposed
approach to the project.
WHEREAS: City staff and the Louis Berger Group, Inc. developed a specific
scope of services, budget and schedule.
WHEREAS: Award has been recommended to the most qualified submitter
being The Louis Berger Group, Inc. of Providence, RI at their price of
$357,656.45.
NOW THEREFORE, BE IT RESOLVED: That the bid of The Louis Berger
Group, Inc. of Providence, RI is hereby accepted at a total NTE cost of
$357,656.45 and the Mayor is authorized to sign said contract on behalf of
the City, subject to favorable review by the City Solicitor.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Tabulation of BID # 11-054
Broadway Streetscape Improvement Project
(Planning)
The following firms have submitted packages:
Commonwealth Engineers & Consultants, Providence RI
Maguire Group, Inc, New Britain, IT
PARE Corporation, Lincoln, RI
Crossman Engineering, Warwick, RI
Millstone Engineering, Warwick, RI
Louis Berger Group, Needham, MA
Gordon Archibald, Inc, Pawtucket, RI
Bid Closed: 25 Mar 2011
RFQSubmittals - Evaluation with Criteria
Broadway Streetscape Improvement - Final Design
Experience Qualification & Experience in Cost References TOTAL
Submitter Availability Estimates
Maguire Group 29 20 12 10 71
Commonweath Engineering 27 19 12 12 70
Pare Corporation 34 26 12 13 85
Louis Berger Group, Inc. 39 28 13 14 94
Crossman Engineering 30 21 6 12 69
Millstone Engineering, P.c. 16 21 5 9 51
Gordon R. Archibald, Inc. 37 27 13 14 91
Bid/Proposal Sheet # 11-054
Date: March 25, 2011
IjWe The Louis Berger Group, Inc. the undersigned do hereby propose
to furnish the City of Newport, Rhode Island, 1t<CI Itlhie tdIesu!2JD'il lbJotdl
tdI<C1iCllIImefi1'l!:s 'ii((llr Itlhi<e l!:lreeItSlCiiilIJlItE! IP'Ir@jjed, in accordance
with all terms and specifications contained herein: '
1. Attach your Qualifications
The Louis Berger Group, Inc.
NAME OF FIRM
Manager, Transportation Services
SIGNATURE & TITLE
295 Promenade Street, Providence, RI 02908
ADDRESS, CITY, ZIP CODE
401-521-5980 x9441
TELEPHONE NUMBER
jcapaldi@louisberger.com
E-MAIL ADDRESS
401-331-8956
FAX NUMBER
NiDl1l"lE:
G tl]ul iiil sepliIll'aite al:l!:aIClhimeD'ilt, Illlir IlIIse i!:ihJeiCID'ile l!:ihJe iDlffo<ClEllrs lIlIiI'
'l{QlIlllIr iCclrlJllOJll'all:uoD1l IIlIIr iP'IrDO'IIcDlPIais of V01l.l1r Il.lI.tC. Awalrtdl CiiillJ1J lJ1J<CIt lbJe d1l1l1lJ1Je
wil:h@1lII1!: I!:lhie al:l!:aclhimelJ1Jt.
G Please provide any literature you feel may be necessary.
G All bidders are responsible for insuring that no adrdlell11id1a have been added to the
original bid package.
o All bid packages and addendumes are located at WIo\!.\."I.cjj;yofnewport.com or you
can contact the Purchasing Department.
G Bid Analysis (Tab) sheets as well as Resolutions (when completed) will be
located at: tabs,dln.
11
Bid # 11-054
nue illifiiicers 011 jfo8.nr or t"'i'om;o!i'aDs 011 jfo8.nr floP_I!:. Award CEm not Ibe dOUle

The Louis Berger Group, Inc.
Complete Company Name
Larry D. Walker
Name
James G. Bach
Name
Ronald F. Kornell
Name
Luke McKinnon
Name
Name
Name
Name
Name
Name
President
Tille/Officer/Position
Chief Operating Officer/
secretary
Title/Officer/Position
Executive Vice President
Title/Officer/Position
Treasurer
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
12
THE CITY OF NEWPORT
RESOLUTION
OF'THE
COUNCIL
No.. ~ Q Q 9 . ~ . ; i J ..
WHEREAS, the City of Newport
Broadway corridor as an
and funded the Broadway
the CIP for preliminary
has identified the
important area of need
Streetscape Project in
Engineering work, and
WHEREAS, an RFQ was developed and distributed and
fourteen qualified firms submitted proposals
for this important project, and
WHEREAS, interviews were conducted and the Louis Berger
Group, Inc. was chosen as the premier
contractor given the qualifications of the
team and proposed approach to the project, and
WHEREAS, Louis Berger Group, Inc. and the City have
agreed to a specified scope of work, budget
and timeframe for this project. NOW THEREFORE
BE IT
RESOLVED: the City of Newport approves the lump sum
contract award of $144,623.20 to The Louis
Berger Group, Inc. to complete the Broadway
Streetscape and Traffic Calming Improvements
project and authorizes the Mayor to sign the
contract, subject to final review and approval
by the City Solicitor, upon behalf of the
City.
IN COUNCIL
READ AND PASSED
April 22, 2009
IITHE Louis Berger Group, INC.
Mr. Paige Bronk, AICP
Director, Planning, Zoning, Development & Inspections
City of Newport
43 Broadway
Newport, RI 02840-2798
RE: Request for Qualifications "QBS - Broadway Streetscape # 11-054 "
Final Design Scope and Fee Schedule
Dear Mr. Bronk,
July 14,2011
On behalf of the Louis Berger Group Team, I want to thank you and the other members of your committee for
retaining us as the preferred consultant for the final design of the Broadway Streetscape project. Enclosed herewith
is the final detailed scope of work together with the associated fee schedule.
We have provided the level of effort as well as the costs for all of the tasks that were included in the Request for
Qualifications, with some additions/clarifications noted below. We assume this contract will be a "not to exceed
limitation" as defined in the attached scope and fee and will consist of only two submissions (90% and P.S.& E.) to
the Rhode Island Department of Transportation (RIDOT). We have recently received the Topographic Survey for
this section of Broadway that was completed by Garafalo & Associates (Garafalo) for RIDOT. It contains a
sufficient amount of detailed information and we therefore have only included hours for some minor field work
where additional grades may be required. We also note that no "property boundary" survey was perfonned; however
we are in agreement that no property acquisitions/easements should be required. If this is not the case, we would
expect that RIDOT (at their expense) would direct Garafalo to perfonn this task. Otherwise, we would have to
amend our contract to use Garafalo as a sub consultant to us for this work.
At a recent meeting with RIDOT, they requested the City perfonn a very intensive Underground Survey Exploration
to detennine any underground conflicts with our proposed design. The cost fOr this work is included in our attached
proposal. Completive prices were requested from three qualified firms. Only two responded and we are carrying the
price for the less expensive of the two.
We have also added a new Task to the scope to revisit the bicycle movements as presently "shared" with the
roadway. This will also include consideration of alternatives to the angled parking that will include a new concept of
"backing in" to the angle parking spaces.
This Proposal will remain valid for a period of sixty (60) days from this date and thereafter until withdrawn, or a
contract is executed, or the procurement is terminated by the City of Newport, whichever occurs first. Our Vice
President, Aboud Alzaim, P.E. is authorized by The Louis Berger Group, Inc. to negotiate contracts and to bind the
company contractually.
Please do not hesitate to contact me at jcapaldi@louisberger.com or (401) 415-9441, or Aboud J. Alzaim at
aalzaim@louisberger.com or (781) 707-7444); if questions arise or if additional infonnation is required.
We are available to discuss this proposal at your convenience and remain eager to begin the work on this project.
Very truly yours,
r . . . - - ' ~ / (7 / I
es R. Capaldi, pi~ ~
anager, Transportation Services
Attachment
Aboud J. Alzaim, P.E.
Vice President, New England Division
295 Promcnadc Strcct I Pro\'idcn,:c, RI 02908
Tel 401.521.5980 : Fax 401.131.X956 ! www.louisbcrgcr.com
CONTRACT AGREEMENT
This Agreement is made and entered into this day of , 20_, by and between
City of Newport, Rhode Island, with offices at 43 Broadway, City Hall, Newport, RI 02840 (hereinafter
called the "OWNER"), and The Louis Berger Group, Inc. with offices at 295 Promenade Street,
Providence, Rhode Island 02904 (hereinafter called "LBG").
WITNESSETH THAT:
WHEREAS, the OWNER desires to engage LBG to provide consulting services related to the Broadway
Streetscape Project (hereinafter referred to as the "PROJECT"), and professional planning, engineering,
and landscape architecture work (hereinafter called the "SERVICES"); and
WHEREAS, LBG, in response to the OWNER'S RFQ, has submitted a proposal which outlined an
approach for such PROJECT; and
WHEREAS, the OWNER interviewed and selected LBG to perform the SERVICES;
NOW, THEREFORE, for and in consideration of the covenants and conditions hereinafter set forth, the
parties hereto do mutually agree as follows:
ARTICLE ONE: EMPLOYMENT OF LBG
The OWNER retains and employs LBG to act for and represent it in all planning and engineering matters
involved in the performance of the SERVICES, subject to the terms, conditions, and stipulations as
hereinafter stated. LBG will subcontract portions of the SERVICES to Gates, Leighton & Associates,
Inc., East Providence, RI, for landscape architecture, design, lighting, and public involvement services
and to Antonio P. Franco & Associates, Cumberland, RI for lighting analysis and electrical engineering
work. Personnel used by LBG and its subcontractors will be individuals who were presented in the RFQ,
the interview, and agreed to by the OWNER and LBO.
ARTICLE TWO: PROJECT DESCRIPTION
The SERVICES include final engineering and design related to traffic calming and pedestrian
improvements in the Broadway Commercial Corridor in Newport, RI from Equality Park to Washington
Square. The project will include at a minimum:
.. Improvements for enhanced pedestrian safety at existing crosswalk locations,
.. Design alternatives to maximize on-street parking capacity,
.. Inclusion of sidewalk amenities including decorative paving, street furniture, and plantings at
optimal locations,
.. Replacement of cobra head lighting with historic pedestrian-scale fixtures,
Al
o Reconfiguration of sidewalk, parking, and travel lanes on Broadway between Equality Park Place
and Caleb Earl Street to minimize pedestrian-vehicular conflicts and reduce crossing distance,
o Converting Broadway to a one-way street southbound between Malborough and Farewell Streets,
and
o Preparation of contract documents to include the re-paving of Broadway from Bliss Road to
Washington Square.
ARTICLE THREE: SCOPE OF SERVICES
LBG shall render in a satisfactory and proper manner the SERVICES set forth in Exhibit A, attached
hereto and made part ofthis Agreement.
ARTICLE FOUR: COMPENSATION
The OWNER shall compensate LBG for the performance of SERVICES under this Agreement in the
lump sum amount of $357,656.45 (Dollars).
ARTICLE FIVE: SCHEDULE
LBG shall perform the SERVICES in accordance with the Schedule set forth in Exhibit B, attached hereto
and made part of this Agreement.
ARTICLE SIX: PAYMENT
Invoices for interim payments shall be prepared by LBG and submitted every four (4) weeks to the
OWNER. LBG shall provide a progress report with each invoice. The progress report will contain a
narrative status report, a spreadsheet illustrating tasks completed, and the level of consultant involvement
by hours and percent of task completed. Each invoice shall be prepared to request payment of the portion
of the lump sum amount in proportion to the percentage of SERVICES rendered during the invoice period
to the total of SERVICES to be provided hereunder. The total of the payment requested in each invoice
shall include a five (5) percent retainage to be withheld by the OWNER. The total retainage withheld by
the OWNER shall not exceed $18,000. At completion of SERVICES, LBG will invoice the OWNER
for the $18,000 retainage.
Such invoices shall be paid to LBG by the OWNER within thirty (30) days of presentation to the
OWNER.
ARTICLE SEVEN: DATA TO BE FURNISHED BY OWNER
Data to be furnished by the OWNER to LBG at no cost to LBG consist of:
Previous plans and studies that pertain to the PROJECT that are relevant for LBG to conduct the
SERVICES.
A2
ARTICLE EIGHT: INDEPENDENT CONTRACTOR
LBG represents that it has, or will secure, at its own expense, all personnel required in perfonning the
SERVICES under this Agreement. Such personnel shall not be employees of, nor have any contractual
relationship with the OWNER. LBG, consistent with its status as an independent contractor, further
agrees that its personnel will not hold themselves out as, nor claim to be, officers or employees of the
OWNER by reason of this Agreement.
ARTICLE NINE: INSURANCE
.LBG shall keep. in effect and maintain insurance at its own cost and expense to protect itself from claims
under Workers' Compensation Acts; from claims for damages because of bodily injury including
sickness, disease, or death of any of its employees; from claims for damages becanse of injury to or
destruction of tangible property; and from claims resulting from the performance of professional services
caused by errors, omissions, or negligent acts for which it is legally liable, each in the amount of
$1,000,000.
LBG shall furnish the OWNER with a certificate(s) of insurance showing LBG has complied with this
Article, which certificates shall provide that thirty (30) days written notification of cancellation of the
policies shall be given to the 0 WNER.
ARTICLE TEN: INDEMNITY AND LIMITATION .
LBG shall indemnify and hold hannless the OWNER from and against any and all claims, suits, actions,
judgments, demands, losses, costs, expenses, damages; and liability to the extent caused by, ,or resulting
from the negligent acts, errors, or omissions of LBG, its officers, employees, agents, or representatives in
the perfonnance of SERVICES under this Agreement.
ARTICLE ELEVEN: CHANGES AND EXTRA SERVICES
The OWNER may make changes within the general scope of this Agreement. If LBG is of the opinion
that any proposed change causes an increase or decrease in the cost and/or the time required for
perfonnance of this Agreement, LBG shall so notify the OWNER of that fact. An agreed-upon change
will be reduced to writing signed by the parties hereto and will modify this Agreement accordingly.
LBG may initiate such notification up<;>n identifying a condition which may change the
SERVICES agreed to on the effective date of this Agreement, as set forth in Exhibit A.
Any such notification must be provided within thirty (30) days from the date of receipt by that
party of the other party's written notification of a proposed change. In the event that an
agreement cannot be reached by the parties hereto as to a particular change, the issue shall be
resolved pursuant to Article Nineteen - "Disputes."
The OWNER may request .LBG to perform extra services not covered by the SCOPE OF
SERVICES as set forth in Exhibit A, and LBG shall perform such extra services and will be
compensated for such extra services when they are reduced to a writing mutually agreed to and
signed by the parties hereto amending this Agreement accordingly.
The OWNER shall not be liable for payment of any extra services nor shall LBG be obligated to
perform any extra services except upon such written amendment.
A3
AR.TICLE TWELVE: DELAYS
LBO shall perform its SERVICES with due diligence upon receipt of a written Notice to Proceed
from the OWNER. The OWNER may authorize costs to be incurred prior to such written Notice
to Proceed. In the event that performance of its SERVICES is delayed by causes beyond the
reasonable control of LBO, and without the fault or negligence of LBO, the time and total
compensation, only if the delay causes an increase in the cost, the performance of the SERVICES
shall be equitably adjusted by written amendment to reflect the extent of such delay. LBO shall
provide the OWNER with written notice of delay, including therein a description of the delay
and the steps contemplated or actually taken by LBO to mitigate the effect of such delay.
ARTICLE THffiTEEN: TERMINATION
This Agreement may be terminated by either party hereto upon seven (7) days written notice in the event
of substantial failure by the other party to perform in accordance with the terms of this Agreement
through no fault of the terminating party. This Agreement may also be terminated by the OWNER for its
convenience or because the PROJECT has been permanently abandoned, but only upon fourteen (14)
days written notice to LBO.
In the event of termination, LBO shall be compensated for all services performed and costs incurred up to
the effective date of termination for which LBO has not been previously compensated, plus termination
expenses reasonably incurred.
Upon receipt of notice of termination from the OWNER, LBO shall discontinue the SERVICES unless
otherwise directed and upon final payment from the OWNER deliver to the OWNER the required number
of copies of all data, drawings, reports, estimates, summaries, and such other information and materials as
may have been accumulated by LBO in the performance of this Agreement, whether completed or in
process.
ARTICLE FOURTEEN: OWNERSHIP OF DOCUMENTS
The parties hereto agree that OWNER shall retain possession of all drawings and other documents when
its services have been completed. The OWNER will be provided a minimum of two (2) sets of
reproducible documents. Any modification and / or reuse of these documents, except for maintenance,
shall be at the sole risk of the Owner, unless otherwise. approved by LBO.
ARTICLE FIFTEEN: SUCCESSORS AND ASSIGNS
LBO shall not assign, sublet, sell, transfer, or otherwise dispose of any interest in this Agreement without
the prior approval of the OWNER.
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and
permitted assigns, but shall not inure to the benefit of any third party or other person.
ARTICLE SIXTEEN: NONWAIVER
No failure or waiver or successive failures or waivers on the part of either party hereto, their successors or
permitted assigns, in the enforcement of any condition, covenant, or article of this Agreement shall
operate as a discharge of any such condition, covenant, or article nor render the same invalid, nor impair
A4
the right of either party hereto, their successors or permitted assigns, to enforce the same in the event of
any subsequent breaches by the 'other party hereto, its successors or permitted assigns.
ARTICLE SEVENTEEN: SEVERABILITY
In the event that any term or provision of this Agreement is held to be illegal, invalid, or unenforceable
under the laws, regulations or ordinances of any federal, state, or other government to which this
Agreement is subject, such term or provision shall be deemed severed from this Agreement and the
remaining terms and provisions shall remain unaffected thereby and continue in full force.
ARTICLE EIGHTEEN: NOTIFICATION
All notices required or permitted under this Agreement shall be in writing and shall be deemed
sufficiently served if served by Registered Mail addressed as follows:
To OWNER:
ToLBG:
City of Newport, Rhode Island
City Hall, 43 Broadway
Newport, RI 02840
Attention: Paige Bronk, AICP, Director of Planning
The Louis Berger Group, Inc.
295 Promenade Street
Providence, RI 02904
Attention: Aboud J. Alzaim, P.E., Vice President
ARTICLE NINETEEN: DISPUTES
Any and all claims, disputes, and other matters in question arising out of or relating to this Agreement or
the breach thereof which are not disposed of by mutual agreement of the parties hereto shall be submitted
to arbitration conducted and governed by the Construction Industry Arbitration Rules of the American
Arbitration Association in effect at the time of the execution of this Agreement. This Agreement to
arbitrate shall be specifically enforceable under the prevailing arbitration law.
The party requesting such arbitration shall file notice of the demand for arbitration in writing with the
other party hereto and with the American Arbitration Association in Boston, Massachusetts. In no event
shall the demand for arbitration be made after the date when institution of an action at law or in equity
based on such claim, dispute, or other matter in question would be barred by the applicable statute of
limitations. The award rendered at such arbitration shall be final and judgment may be entered upon it in
accordance with applicable law in any court havingjurisdiction thereof.
Any such arbitration shall not include, by consolidation, joinder, or in any other manner, any additional
persons not a party to this Agreement except by written consent signed by the parties hereto and such
persons sought to be joined. Such consent shall be limited to the dispute described therein and the parties
named therein.
ARTICLE TWENTY: APPLICABLE LAW
AS
This Agreement shall be governed by and construed in accordance with the laws of the State of Rhode
Island.
ARTICLE TWENTY ONE: EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the OWNER and. LBG and
supersedes and replaces all terms and conditions of any prior agreements, arrangements, negotiations, or
representations, written or oral, with respect to this PROJECT. This Agreement may only be modified by
a written amendment hereto, duly executed by both parties.
A6
IN WITNESS WHEREOF, this Agreement has been executed by the OWNER and LBO, effective from
the day and year first written above.
THE CITY OF NEWPOR.T (OWNER)
B y : ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _
Stephen C. Waluk
Mayor
THE LOUIS BERGER GROUP, INC. (LBG)
By: ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ _
Aboud J. Alzaim, P.E.
Vice President I CCM Division
Date: _
Date: _
A7
EXHIBIT "A"
STATEMENT OF SERVICES
Broadway Streetscape Improvement Project #11-054
Newport, RI
Scope of Services for Final Design
July 2011
The Scope of Services to be provided by the LBG Team includes professional engineering
and landscape architecture services for the preparation of complete Plans, Specifications,
Estimates and Contract Documents for advertising for bids, based on the approved City of
Newport preliminary/feasibility analyses, plans and related documents dated November,
2010. The detailed Scope of services for Gates, Leighton and Associates Antonio P. Franco
& Associates are attached to this Submission. Also attached is the Scope and Fee from DGT
Survey Group - Providence, Rl; and Underground Surveying, LLC - Danbury, CT, who
submitted costs to perform the Underground Survey. AEI Subsurface from Warren, Rl did
not submit a quote as they were too busy to accept new work. We are carrying the price
from Underground Surveying, LLC in our proposal as they submitted the lowest cost.
This Final Design process will be in accordance with standard RlDOT practices and
guidelines for Federal Aid STP funding, as applicable. The existing plans and documents
mentioned above will be transmitted to RlDOT requesting their acceptance as a 10%/30%
submission and requiring only a 90% and PS&E submission. This Scope of Services has
been divided into the following tasks:
Task - Comm1iD RSq]lI.Ioreml!mts
The LBG Team will attend a start-up meeting with the City of Newport to discuss the City's
design guidelines, project schedule and other project related issues. The LBG Team will
evaluate all outstanding issues with the City, such as the location of and type of all
crosswalks and Bus stops; the resolution of the alternatives proposed at Dunkin Donuts; the
expectations 'for improving water quality; finalizing the choices for the landscape and
streetscape alternatives; finalizing the hardware details for the new lighting poles; and
reviewing the intersection improvements at Lower Broadway with Stone Street and the
additional turning movement concerns of Stone Street with Spring Street as discussed at the
Council meeting on November 9, 20 IO.
As noted in the attached WBS Template provided by RlDOT there are 4 (four) main
elements to the scope of work. They are Final Desiglll (30%, 75% & 90% Combined),
PS&JE, Advertisi/l1lg !li/l1ld Post DesiglII.
During the Final Design process the LBG Team members will be responsible for Project
Management; Wetlands and Water Quality issues; StOlID Water Management and Design;
Utilities Coordination; developing Highway and Traffic Plans and with submissions at the
30% and 90% Stage; providing a Right-of-Way submission (mainly for temporary
easements); and preparing a 90% set of Contract Documents, Specifications and Estimates.
During this phase the LBG team members will develop the final landscaping and lighting
designs and details. We will also coordinate all work through the City of Newport officials,
meeting occasionally, especially prior to submissions to RIDOT.
The PS&E Phase is the "final" submission, just prior to advertising for bids, which will
include the final disposition of all comments from the City, RlDOT (and their Consultant if
required), the FHWA and any other regulatory agency.
The Advertising Phase involves assisting RlDOT as the project internally moves from the
Design Section to the Contracts and Specs Section, where the project will be coordinated
with the Rl Department of Administration for eventual award to the lowest responsible
bidder.
It is understood that the City has initiated coordination with RIDOT for project funding.
Building on this initial coordination, LBG can represent and advocate for the project,
especially through the TIP process where it is anticipated that the City may need to make a
presentation to the Transportation Advisory Committee (TAC) in order for the existing
funding for Broadway to be increased significantly to successfully build the project as
envisioned and designed.
Task 2 - fisHID1
We have recently received the Topographic Survey for this section of Broadway that was
completed by Garafalo & Associates (Garafalo) for RlDOT. It contains a sufficient amount
of detailed information and we therefore have only included hours for some minor field
work where additional grades may be required. We also note that no "property boundary"
survey was perfonned; however we are in agreement with the City that no property
acquisitions/easements should be required. If this is not the case, we would expect that
RIDOT (at their expense) would direct Garafalo to perform this task. Otherwise, we would
have to amend our contract to use Garafalo as a sub consultant to us for this work
Task - lSu!>suriac<!! IEJ(piClwatimli
RlDOT will require a very intensive underground Survey exploration to detennine any
conflicts with the proposed design. This will require a special sub-consultant with
experience in this field and with RlDOT work. Proposals were requested from three Sub-
Consultants, as noted in the Scope of Services above, based on the following scope of work:
The work to be performed by the utility survey sub-consultant includes verifying and
supplementing the b'asemapping provided I by RlDOT, from the southerly Project
limit at Farewell Street to the northerly Project Limit at Bliss Road. LBG will
provide the sub-consultant AutoCAD dwg file.
For the northern portion of the Project (Cranston Ave to Bliss Road), the sub-
consultant shall review the utility information shown on the basemapping for
completeness and accuracy. Locations of all utility poles, traffic signal hand holes,
loop detectors, manhole covers, pull boxes and water/gas gates shall be confirmed.
Overhead wires shall be shown.
A comprehensive utility mapping for the southerly portion of the Project (Farewell
Street to Cranston Ave), shall be provided. The sub-consultant shall review the
utility infonnation shown on the basemapping for completeness and accuracy,
2
including locations, pipe sizes and materials, duct banks. Locations of all utility
poles, traffic signal hand holes, loop detectors, manhole covers, pull boxes and
water/gas gates shall be confirmed. Overhead wires and underground service
connections/drops shall be shown. Invert elevations to the nearest hundredth of a
foot shall be obtained at all storm and sanitary sewer structures. Record information
shall be obtained from the City Department of Utilities for the storm sewer, sanitary
sewer and water systems and the applicable private utility companies with facilities
within the Project limits, including but not limited to electric, cable, telephone and
gas. Depths of cover shall be obtained for the water main, gas main and all other
underground utilities that are present. Test pits and/or vacuum excavation shall be
performed as necessary to verify depths.
Lastly, the sub-consultant shall verify the presence of abandoned trolley tracks
within the roadway in the Project limits. If present, the tracks should be located and
approximate depth of burial shall be provided.
Deliverables: The underground survey sub-consultant shall provide an AutoCAD
.dwg file (1 :20 scale) containing all of the information required above. Copies of all
record information obtained shall be provided.
1 < l J $ ~ <4 - lBocj,lc!@ "SlhiBlw@dJ lllli'i@" iBli'iil1 AIili9JH@ lfl'<lJwHdi'iSJ
We have added a new Task to revisit the bicycle movements as presently "shared" with the
roadway. This will also include consideration of a new concept of "backing in" to the angle
parking spaces. Meetings will be held with local officials and stake holders as well as
RIDOT. A separate report will be prepared that will present the alternatives with
recommendations.
T<lJsk 5 utility CO>lJ>wc!oi'iaticm
LBG will form a liaison with private and public utility owners to insure a smooth
advancement of this project toward construction; we would expect that the City, State and
Federal agencies will want us to insure that all planned utility work is made in advance or
during this project. The objective is to ensure that no planned utility work will be
performed on newly constructed pavement or sidewalks within a five year period from the
project's completion.
l<lJsk { Project Scll'Bedlll!@
At the start of the project, the LBG team will develop a detailed formal project schedule of
activities from inception through project completion. The schedule will be developed in
consideration of input from the City of Newport and RIDOT and will serve as a guide to
tracking the progress during each task. A detailed Progress Report will be submitted
monthly for the project, outlining the various activities performed, dates of meetings
attended, dates of submissions made, and dates of receipt of project material as applicable.
The progress report narrative will also clearly identifY items that are pending resolution that
may impede progress on the project.
3
GLA
Gates, Leighton & Associates" Inc.
LANDSCAPE ARCHITECTURE
June 7, 2011
Mr. James Capaldi, PE, Project Manager
Lonis Berger Group
295 Promenade Street
Providence, RI 02908
RE: Landscape Architectural Services
Newport Broadway
Construction Documents Phase
Dear Mr. Capaldi:
As requested by the City of Newport, Rhode Island of TranspOltation (RIDOT) and the Louis
Berger Group, Inc. (LBO), Gates, Leighton & Associates (GLA), has prepared the enclosed
Scope ofWorkJPerson Hour Distribution, Person Hour Summary Table and Fee Schedule for
landscape architectural design services for the above referenced project.
It is our understanding that GLA' s effOlt will be coordinated with LBG and that the proposed
streetscape features and other design recommendations for this project will be prot of the
contract documents your office is preparing. We assume that LBG will provide all necessary
base plans and Engineering plans for our use.
Thank you for this opportunity to offer our professional services. Please do not hesitate to
contact me, or Wilfrid L. Gates, Jr., RLA ASLA, Chairman Emeritus at 401-438-2071.
Accepted By:
Authorized Signature Date
\. WaLl'nlan " -'rovit'.r:nce, 02911, "p: .-: 401.434.7511 .. vvv",,:.glala.com
Page I 01'4
NEWPORT BORADWAY CONSTRUCTION DOCUMENTS PHASE
SCOPE OF WORKIPERSON HOUR DISTRIBUTION
Task I - Field Walk: Conduct field walk with design team and City of Newport and
discuss recommendations for construction requirements. Three (3) follow-up site visits are
included in this task to check palticular areas as needed.
I Principal at 4 hours =
I Project Manager at 12 hours =
1 Landscape Designer at 24 hours =
I Administrative 4 hours =
4 Hours
12 Hours
24 Hours
4 Hours
Task 2 - Coordination & Meetings: This task includes up to eight (8) meetings and
coordination with design team. Review of the approved conceptual plans. Also included are
progress repOlts, progress tracking and preparation of meeting minutes and other
corresponding materials.
I Principal at 10 hours =
I Project Manager at 48 hours =
I Landscape Designer at 32 hours =
1 Administrative 8 hours =
IO Hours
48 Hours
32 Hours
8 Hours
Task 3 - Preparation of 90% Submittal: This task includes the preparation of the plans,
specifications and estimate as well as reviewing and responding to the team and client
comments.
I Principal at 4 hours =
I Project Manager at 40 hours =
I Landscape Designer at 40 hours =
I TechnicianJDrafter at 60 hours =
I Administrative 16 hours =
4 Hours
40 Hours
40 Hours
60 Hours
16 Hours
Task 4 - Preparation of PS&E submittal: This task includes the preparation the plans,
specifications and estimate as well as reviewing and responding to team and client comments
from 90% submission.
1 Principal at 4 hours =
1 Project Manager at 32 hours =
I Landscape Designer at 40 hours =
1 TechnicianlDrafter at 40 hours =
1 Administrative 16 hours =
GbA
4 Hours
32 Hours
40 Hours
40 Hours
16 Hours
Page 2 of4
NEWPORT BROADWAY CONSTRUCTION DOCUMENTS PHASE
Task 5 - Preparation of Bid Documents: This task includes the preparation of the plans,
specifications and estimate for bidding as well as reviewing and responding to team
comments from previous submission and attendance at one (I) pre-bid conference.
I Principal at 2 hours =
I Project Manager at 24 hours =
I Landscape Designer at 24 hours =
I Technician/Drafter at 32 hours =
I Administrative 12 hours =
2 Hours
24 Hours
24 Hours
32 Hours
12 Hours
Task 6 - Public Presentation: This task includes the preparation of a plan rendering for
review by the City of Newport, revisions and attendance at two (2) preparation meetings and
two (2) public meetings.
I Principal at 8 hours =
I Project Manager at 20 hours =
I Landscape Designer at 24 hours =
I Technician/Drafter at 8 hours =
I Administrative 8 hours =
8 Hours
20 Hours
24 Hours
8 Hours
8 Hours
NEWPORT BROADWAY CONSTRUCTION PHASE
GLA PERSON HOURS
SUMMARY TABLE
Project Landscape Technician!
TASK Principal Manager Designer Drafter Administrative TOTAL
TASK 1 4 12 24 0 4 42
TASK 2 10 48 32 0 8 98
TASK 3 4 40 40 60 16 160
TASK 4 4 32 40 40 16 132
TASK 5 2 34 24 32 12 94
TASK 6 8 20 24 8 8 68
TOTAL 32 176 184 140 64 596
----- - . - - - - - - - ~
GL-A
Page 3 of4
NEWPORT BROADWAY CONSTRUCTION PHASE
GlA SUB CONSULTANT
FEE SCHEDULE
Estimated Pavroll Hours Rates Total
Princioal 32 $
75.36 $ 2,411.52
Proiect ManaQer 176 $ 38.47 $ 6,770.72
Landscape Desianer 184 $
18.06 $ 3,323.04
Technical/Drafter 140 $
25.45 $ 3,563.00
Administrative 64 $ 15.84 $ 1,013.76
Subtotal Pavroll $ 17,082.04
Overhead (125%) $ 21,352.55
Subtotal Payroll +
Overhead $ 38,434.59
Profit: $ 3,843.46
Subtotal Payroll +
Overhead + Profit $ 42,278.05
EXDenses:
PrintinQ $ 200.00
Mileaae $
306.00
Total Reimbursable: $ 506.00
TOTAL FEE: $ 42.784.05
'-'-- -- -----
GLA
Page 4 01'4
ANTONIOP. FRANCO & ASSOCIATES
Electrical Engineers
17 Susan Dr.
Cumberland, RI. 02864
Tel. (401) 334 - 3400
Fax. (401)334-9357
E-Mail: APFranco@AOL.Com
May 18,2011
The Louis Berger Grup, Inc.
At!: Mr. James R Capaldi, PE
75 Second Ave., Suite 700
Needham, MA 02494
Re: Broadway Streetscape & Traffic Improvements
City of Newport , RI..
Historic Roadway and Landscaping Lighting Design
Electrical Engineering Services Proposal
Dear Mr. Capaldi,
We are pleased to submit our proposal to design a new historic roadway and
landscaping lighting system along Broadway between Washington Sq. and Cranston St.,
for a Lump Sum of $24,0700.00. ,
The roadway lighting system will be either Option I or II , and landscape lighting
will be all or portions of the items described in our Historic Lighting Feasibility Study
dated march 2010.
Below is a brief description of our proposed tasks:
.. Meeting with National Grid to discuss decorative poleslluminaries that the
utility is offering to their municipal customers. Assess and evaluate these
pole/luminaries and determine their feasibility for the Broadway lighting
project. Prepare a brief economic evaluation and compare with the ones
recommended in our Lighting Study.
" Meeting with engineers, architect, ,and customer to reviewthe Historic
Lighting Feasibility Study and defme which option to select and what
features to include in the landscaping portion ofthe project.
" Prepare lighting design for the roadway lighting system, including service
pedestal locations. Design guidelines to follow recommendations outlined
in our Historic Lighting Feasibility Study.
" Submit service pedestal load information and service location to National
Grid. Review with national Grid, the removal and disposal of existing pole
luminaries, and associated backcharges.
'" Prepare plans and specs for any selected landscape lighting systems.
Submit for review by the City ofNewport and individual customers.
.. Prepare fmal drawings , specifications, DOQ, and revised cost estimates.
'" Final review and stamp drawings for bids.
'" Attend miscellaneous meetings (up to tour meetings) with Berger and
customer to review design progress and assure that all items are addressed.
Summary of Fee Proposal
84 hrs @ $110/hr.
96 hrs @ $95/hr.
60 hrs @ $75/hr.
24 hrs @ $35/hr.
264
Project manager (PM)
Project Engineer (PE)
Engineer (PE)
Clerical (C)
Subtotal
Misc. Expenses
Mileage - 3 site trips and 4 customer meetings @ 100 mi/ea.
700 miles @ $.50/mi.
Misc. copies, photos, etc.
Subtotal
Total Lump Fee Proposal
$9,240.00
$9,120.00
$4,500.00
$840.00
$23,700.00
$350.00
$20.00
$370.00
$24,070.00
Note: Our proposal assumes that drafting will be provided by The Berger Group.
Additional services beyond the ones specified here including following the project
though the construction phase, can be provided on an hourly basis of$95.00/hr.
Please feel free to contact me should you have any questions regarding any ofthe
above.
Very truly yours,
~ m a ! : ~
file: Broadway Lighting Design Proposal - Newport
Page 2
Agreement for
Subsurface Utility E n g i n ~ e r i n g and
Land Surveying Services
This is an Agreement between BL Companies, Inc., on behalf of itself and its
affiliated companies d/b/a BL Companies (the "Consultant") and the Client. The
Consultant agrees to provide professional services with regard to the Site and the Client
agrees to pay for such services on the terms and conditions set forth below.
I. The Client is:
Client Name:
Client Address:
Louis Berger Group, Inc.
Michael P. Worhunsky
I 17 Kendrick Street
Suite 400
Needham, MA 02494
Client Phone:
Client Fax:
Client Email:
Client Project #:
BL Project #:
781-707-7474
781 -444-0099
mworhunsky@louisberger.com
IISI594
2. The Site that is the subject of this Agreement is (Location/Address):
Broadway Streetscape
Newport, RI
3. The Owner of the Site.
( ) The Owner ofthe Site is the Client.
(x) The Owner of the Site is ~ the Client, but Client hereby represents
and warrants that Client has the legal authority to grant permission to
Consultant and Consultant's personnel, machinery, vehicles and
equipment, to access the Site and to perform the activities that are the
subject of this Agreement. Client agrees to defend, indemnify and hold
harmless Consultant from all claims, damages, losses, and expenses
(including attorney's fees), arising out of or resulting from Consultant's
entry onto and presence on the Site or performing the activities which are
the subject of this Agreement including, but not limited to, claims or
allegations of injury to persons or damage to property, nuisance, trespass,
or wrongful entry.
4. The Basic Services that the Consultant will provide are as follows. All of
Consultant's services are subject to the Special Terms and Conditions set forth in
Paragraph 10 below:
4.1 Consultant will determine whether "Underground Facilities" (defined
below) are located in the "Mark Out Area" (defined below). If such
Page 1 of7
facilities are found to exist, the approximate location will be marked on
the ground surface.
4.2 The Underground Facilities which Consultant will attempt to locate as
part of this Agreement are. limited to those specified below:
The Underground Facilities for this Agreement are:
Electric, Communications, Water, Gas, Sanitary, Storm, Site Lighting,
Traffic, Trolley Tracks
4.3 The "Mark Out Area" in which Consultant will provide services is
( ) The entire Site.
(x) Limited to the following defined area within the Site. Consultant
is not responsible for any underground facilities or other
underground structures of any type outside the following Mark-Out
Area:
The Mark Out Area for this Agreement is limited to:
The Southern portion of the project from Cranston Street south to
Farewell Street. This portion of the project is approximately
2000 LF.
4.4 Subsurface Utility Mark Out. Consultant will endeavor to detect and
locate underground utilities within the Site, based on records of such
utilities provided by Client and those which the Consultant is able to
obtain from local utility owners. In order to produce a higher-quality
utility survey, Client is urged to provide Consultant any and all utility
records that exist for the Site. Such records provide an important starting
point for the utility survey. Such records are assumed to be correct and
complete unless obviously contradicted by Consultant's observations. In
addition to the records, Consultant shall utilize the following techniques to
detect and locate underground utilities within the Site:
4.4.1 Search Based on Visible Utility Features - Consultant will open
visible utility valve boxes, manhole covers, etc., that are accessible
and not locked down, and will hook detection equipment onto
these features, or will use these features as a starting point for
Ground-Penetrating-Radar scan, for the purpose of detecting and
marking utilities at the ground surface.
4.4.2 Search Based on Known Utility Services in Buildings -
Consultant, with Client's escort, will enter buildings on or
immediately adjacent to the Site and will endeavor to locate
existing utility services entering or exiting these buildings, and will
hook detection equipment onto these services, or will use these
features as a starting point for Ground-Penetrating-Radar scan, for
Page 2 of7
the purpose of detecting and marking utilities at the ground
surface.
4.4.3 General Sweep Based on Electromagnetic Induction - Consultant
will endeavor to induce an electromagnetic signal to additional
and/or undocumented utility lines that may be present within the
Site, for the purpose of detecting and marking utilities at the
ground surface.
4.4.4 General Sweep with Ground-Penetrating-Radar - Consultant will
endeavor to locate additional or undocumented utility lines that
may be present within the Site by performing a general sweep of
the Site with Ground-Penetrating-Radar equipment, for the purpose
of observing anomalies underground resembling utility lines, and
marking potential utility lines on the ground surface.
4.5 Land Surveying Services. The Consultant will perform field survey of the
utility mark-out in the southern portion of the project. Utilities will be added
or revised to the existing base map, prepared by others, and provided to the
Consultant in a digital format. The Consultant will also field verify the overall
project existing base map and update accordingly. The field edit includes both
the southern and northern portions ofthe project. Horizontal locations and
vertical elevations will be tied into the established datum for the project.
Survey control points will be provided to the Consultant. See also Exhibit A-
Client Scope of Services attached herewith.
4.6 Test Pit Services. The Consultant will perform 5 vacuum excavation test pits.
Test pit locations will be determined by the Client. See also Exhibit B- Test
Pit Scope of Work.
5. Fees. Client will pay for the Basic Services specified above on the following
basis:
Service
4.0 Basic Services-Utility Survey & Field Edit
4.6 Test Pit Services (5 assumed-expenses included)
7.0 Expenses (Police Protection, traffic control, travel
for survey and utility markout.)
Fee
Amount
$27,500
$6,000
$5,500
Type
Fixed
Fixed
Est.
Fixed Fee. Consultant will provide the Basic Services for a Fixed Fee regardless
ofthe time spent.
6. Additional Services. The only services being provided within the Fee for Basic
Services are those set forth in this Agreement. If Client requests Additional
Services beyond those included in the Basic Services, Client will pay for such
Page 3 of7
Additional Services using Consultant's Hourly Billing Rates in effect when the
Services are performed in addition to the Fee for Basic Services.
7. Expenses. Routine copies and printing, tirst class postage, local and long
distance telephone service and facsimile transmission and receipt will be provided
without charge. Client will pay Consultant for mileage at the IRS rate and will
pay for any other out-of-pocket expenses at cost plus 15% for administration and
overhead. Police protection and or traffic control will be considered an additional
expense.
8. Fee Protection. The Fees set forth in this Agreement are valid for ninety (90)
days from the date it is signed by Consultant.
9. Billing. Consultant will issue monthly invoices for Fees and Expenses. Invoices
are due on receipt. Client will pay interest at 1.5% per month on the unpaid
balance of any invoice beginning on the 31st day after the date of the invoice.
Client will pay attorney fees, collection agency fees and all other expenses
incurred in collection.
10. Special Terms and Conditions.
10.1 Standard of Care. Services provided by Consultant under this
Agreement will be performed in a manner consistent with the degree of
care and skill ordinarily exercised by members of the same profession
currently practicing under similar circumstances.
10.2 No Guaranty or Warranty. Client recognizes that special risks occur
whenever engineering or related disciplines are applied to identitY
subsurface conditions. Even a comprehensive detection program,
implemented with appropriate equipment and experienced personnel under
the direction of a trained professional who functions in accordance with
the professional standard of practice may fail to detect certain
underground facilities or may fail to accurately identify their location.
Accordingly, there is no guaranty or warranty, express or implied, that all
Underground Facilities will be located or that their location will be
accurately identified.
Client understands that readings from underground utility detection
equipment are subject to environmental factors such as variable soil
conditions, presence of groundwater, thick concrete pavements,
reinforcing steel, and other factors. Due to these factors, general sweeps
of the Site performed with Electromagnetic Induction or Ground-
Penetrating-Radar may be inconclusive.
Client understands that if records are not provided to Consultant,
Consultant will undertake the efforts described in Section 4.4 in order to
Page 4 of?
locate the utilities. However, Client understands that each of these
searches may be hampered by factors beyond the control of the Consultant
and may not be effective.
10.3 Limitation of Liability. To the fullest extent permitted by law, the total
liability of Consultant to Client, and anyone claiming by, through, or
under Client, for any and all irtiuries, claims, losses, expenses, or damages
whatsoever arising out of or in any way related to Consultant's services,
from any cause or causes whatsoever, including but not limited to,
negligence, errors, omissions, strict liability, breach of contract, or breach
of warranty, shall be limited to an amount of $50,000 or Consultant's fee,
whichever is greater.
II. Acceptance of Agreement. This Agreement, and any amendment or any
supplemental agreement pursuant to this Agreement, including an agreement
regarding Additional Services, may be executed in counterparts which taken
together shall have the same force and effect as a single document and may be
executed and the signature transmitted by facsimile or by email authorization. A
signature transmitted by facsimile or an email authorization shall be binding and
shall have the same force and effect as an original signature.
AGREED AND ACCEPTED:
BL COMPANIES
355 Research Parkway
Meriden, CT 06450
203-630-1406

By:
(Signature)
Jennifer Marks, LS
(Printed Name)
Title: Principal
Date: 7/11/11
(Printed Client Name)
__-,---- _
(Signature)
(Printed Name)
Title: _
Date: _
Page 5 on
Exhibit A-Client Scope of Work
Overall Project
The work to be perfonned by the utility survey sub-consultant includes verifying
and supplementing the basemapping provided by RIDOT, from the southerly
Project limit at Farewell Street to the northerly Project Limit at Bliss Road. LBO
will provide the sub-consultant AutoCAD dwg file.
Overall Project Length=3400 LF
Northern Project
For the northern portion of the Project (Cranston Ave to Bliss Road), the sub-
consultant shall review the utility infonnation shown on the basemapping for
completeness and accuracy. Locations of all utility poles, traffic signal hand
holes, loop detectors, manhole covers, pull boxes and water/gas gates shall be
confinned. Overhead wires shall be shown.
Northern Project Length= 1400 LF
Southern Project
A comprehensive utility mapping for the southerly portion of the Project
(Farewell Street to Cranston Ave), shall be provided. The sub-consultant shall
review the utility infonnation shown on the basemapping for completeness and
accuracy, including locations, pipe sizes and materials, duct banks. Locations of
all utility poles, traffic signal hand holes, loop detectors, manhole covers, pull
boxes and water/gas gates shall be confinned. Overhead wires and underground
service connections/drops shall be shown. Invert elevations to the nearest
hundredth of a foot shall be obtained at all stonn and sanitary sewer structures.
Record infonnation shall be obtained from the City Department of Utilities for the
storm sewer, sanitary sewer and water systems and the applicable private utility
companies with facilities within the Project limits, including but not limited to
electric, cable, telephone and gas. Depths of cover shall be obtained for the water
main, gas main and all other underground utilities that are present. Test pits
and/or vacuum excavation shall be perfonned as necessary to verify locations
and/or depths.
Southern Project Length=2000 LF
Lastly, the sub-consultant shall verify the presence of abandoned trolley tracks
within the roadway in the Project limits. If present, the tracks should be located
and approximate depth of burial shall be provided.
Total Project Length=3400 LF
Page 6 of7
Exhibit B - Test Pit Scope of Work
Test Pits - Subsurface Utility Investigatiou (Quality Level A) Consultant will provide
Quality Level A utility test pit investigation and mapping. The specific level will be
based on the Standard Guidelines for Collection and Depiction of Existing Subsurface
Utility Data CIIASCE 38-02 developed by the American Society of Civil Engineers.
Excavate test holes exposing the utility to be measured in such a manner that protects the
integrity of the utility to be measured. Exposure will be performed via minimally
intrusive vacuum excavation with air. Consultant will dig a twelve (12) inch diameter
hole down to a depth of approximately ten-twelve (10- 12) feet depending upon soil
conditions and ground water table elevations.
Excavated soils will be backfilled in to the test hole and compacted for proper restoration.
Comply with applicable utility damage prevention laws, permits and specifications and
coordinate with utility and other inspectors as required.
Determine (a) the horizontal and vertical location of the top and/or bottom of the utility
referenced to the project survey datum; (b) the elevation of the existing grade over the
utility at a test hole referenced to the project survey datum; (c) the outside diameter of the
utility and configuration of non-encased, multi-conduit systems; (d) the utility structure
material composition, when reasonably ascertainable; (e) the benchmarks and/or project
survey data used to determine elevations; (I) the paving thickness and type, where
applicable; (g) the general soil type and site conditions; and (h) such other pertinent
information as is reasonably ascertainable from each test hole site.
Resolve differences between depicted Quality Level A data and other quality levels.
Depict Quality Level A data on the existing conditions base plan.
Provide police protection and/or traffic control.
Test Pit Costs = $1200 per hole.
Minimum cost is I day @ $6,000 - assumes 5 test holes completed per day
Page 7 of?
EXHIBIT "B"
SCHEDULE
II
BROADWAY STREETSCAPE IMPROVEMENT PROJECT #11-054
NEWPORT,RI
PROJECT SCHEDULE - JULY 2011
ask Name Duration Son Finish 2012
PROJEcT INIfuTION
1m Aug Sop
0" Nov Do< 1m Pob
M"
Ape M,y
28 days Mon 8/1/11 Wed9n/11
$'
7 -_x1;
Meeting with City Officials and RIDOT - Bicycle "Shared Lane"!Angle Parking & Acceptance of 1day Mon 8/1/11 Mon 8/1111
.i
10130% Design Previously Submitted
Review Traffic Accident Data - Bicycle. Angle Parking & Pedestrians 2wks Tue 8/2/11 Mon 8/15/11

Meeting with City Officials and Stake Holders - Bicycle "Shared Lane" and Angle Parking 1 day Tue 8/16/11 Tue 8/16111
I
Bicycle "Shared Lane" and Angle Parking Alternatives Analysis 2wks Wed81171l1 Tue 8/30111

Submit Alternatives Report o days ue 8130111 Tue 8/30111


Discussion with City Officials on LandscapelHardscape Alternatives I wk :wed 8131/11 Tue 9/6111 Q
Meeting with City Officials and Stake Holders - LandscapelHardscape Alternatives I day Wed9n111 [Wed9n111
T
,
Continue to Seek Cost Effective Subconsultants for Underground Survey 2wks Tue 8/2/11 Mon 8/15/11 (,;;;J
Select Subconsultant for Underground Survey Exploration odays Mon 8/15/11 Mon 8/15/11 8IlS
PreliminarySurvey Exploration 3 days "ue 8116/11 Thu 8/18/11
0
FINAL DESIGN 105 days Thu 918111 Wed 211112 $"
.
'"
Highway Design, Traffic Design, Lighting & Landscape Design 4 mons Thu 918/11 [Wed 12/2811 1
kZMmtii't7 r

Ht W'&i
Stonnwater Management and Design 1mon Thu 1113/11 Wed 11/30111

Wetlands &Water Quality Permitting 1.5 mons Thu 1211/11 Wed 1111/12
c::;,:::;=J
Detailed Underground Survey Exploration 3 wks [Thu 11/3111 Wed 11123/11

Utility Coordination 2 mons I,hu 11/24/11 Wed 1/18/12


! . .'
\<!!'ii'iW'WEtt'M1>J
90% Submission to RIDOT Oelays Wed 1118112 Wed 1118/12 111.
Right-of-Way Submission to RIDOT (if necessary) 2wks Thu 1/19/12 Wed 2/1112
r--,

PS&E SUBMISSION 25 days Thu 2116/12 Wed 3/21/12


Address Comments from RJDOT on 90% Submission 1 mon Thu 2/16/12 Wed 3114/12


Utility Coordination & Additional Subswface Investigations (if necessary) 3 wks [Thu 2/16112 Wed3nl12
r--;
i';,,,"'''''';
Submit PS&E to RIDOT o days Wed 3/14112 Wed 3/14112 3/14
Right-of-Way Submission (if necessary) 1 wk' Thu 3/15/12 Wed 3/21/12 Q
15 days Thu 3/15/12 !Wed 414112
Final Contract Documents to RIDOT I wk Thu 3/15/12 Wed 3/21/12
n

Advertising Dates wks Thu3122112 Wed 4/4/12


POST DESIGN 5 days Thu 4119/12 Wed 4/25/12

Post-Bid Review 1wk Thu 4119/12 Wed 4/25/12
Q
Begin Construction Support odays Wed 4/25/12 Wed 4/25/12
EXHIBIT tiC"
FEE SUMMARY


1111 00 I; I S I n
City of Newport, Rhode Island
Broadway Streetscape Improvement Project #11054
Task and Fee Summary - July 15, 2011
TASK SUMMARY
2 FINAL DESIGN
3 PS&E SUBMISSION
4 ADVERTISING
5 POST DESIGN
LBG TOTAL COST GLA TOTAL COST
BY TASK BY TASK
$178,184.16 $27,333.41
$40,434.24 $14,944.64
$15,977.28
$12,006.72
SUBTOTAL $246,602.40 $42,278.05
Direct Expenses:
Subsurface Exploration $39,000.00
Lighting Design $24,070.00
Travel
$700.00 $306.00
Printing $4,000.00 $200.00
Postage $500.00
TOTAL $314,872.40 $42,784.05
GRAND TOTAL = $357,656.45
THE Louis Berger Group, INC.
'" " '; .' ' ",
G,ltes, Leighton & ASSOclatC:-i, Inc. ':
LANDS( I\['f A ItCIlI'1 J C \ll){F ;
" "
_, I ", , ' ,,> '< ,
MEMORANDUM
To:
From:
Date:
JRE:
Mayor and Councilors
Edward F. Lavallee, City Mallllager
August 2 2011
At the July 27, 2011 Council Meeting, docket item 4877/11, Broadway Streetscape Final Engineering
Plan, was continued to the August 10, 20II meeting. The purpose of the continuance was to allow time
for the City staff to provide a depiction of the preliminary engineering streetscape plan as it currently
exists. Specifically, details are sought on the resolution of design options discussed at previous workshops
and work group sessions, including:
@ Inclusion in the streetscape design of a bike path, and its relationship to angular parking spaces
for vehicles;
m Reconfiguration of traffic flow on Broadway south of the intersection at Marlborough x
Broadway, to become one-way south;
o Improvement of street lighting to convert existing lights or add new decorative/historic lights;
o Addition of bump-outs and other traffic calming features; and
e Use of rain gardens and other methods of reducing the impact of storm water run off.
These and other aspects of the project were presented in conceptual form and open to discussion at
previous public work sessions. Attached herein is a memorandum from Planning Director Paige Bronk
summarizing the status of the project. As noted in his report, much of the project components and
specific determination of inclusion of some optional items are at the conceptual stage at the completion of
the preliminary engineering phase. During the final engineering work decisions regarding the inclusion,
modification, or deletion of these elements will be discussed and finalized. Among the criteria that will
impact those decisions are: safety, aesthetics, cost, continuity, and environmental considerations.
In summary, the product of the preliminary engineering phase is a conceptual plan that identifies some
essential program elements and a list of optional inclusions. The final engineering phase will begin with
consideration of the conceptual plan as a work-in-progress. Some of the optional elements are cited in the
attached memo as Preferred Alternatives; which is to say that at this point those elements are included in
the conceptual layout but not mandated components of the plan. These elements are subject to further
analysis and refinement, and final determination as to their inclusion in the project. There will be
continuing opportunity for public review and comment on the project elements.
EFLlpaf
Attachment
August 2, 2011
Overview:
The Preliminary Design Phase was finalized in 2010 for the Broadway Project. The streetscape project limits are
from Farewell Street to Cranston Avenue. In addition, the paving of this roadway would include this distance
plus be extended north to Bliss Road. The effort included multiple public meetings including guidance from the
"Advisory Committee." The Committee consisted ofBroadway merchants, residents, a City Council liaison, and
the AARP. Also, there were two public input meetings heldplus a Council Workshop.
Broadway is a major north-south urban arterial connecting points north to the center of Newport. The roadway
primarily has one lane in each direction, with on-street parking on both sides. Through the project limits, the
adjacent land uses are primarily commercial to the south and a mix ofcommercial and institutional to the north.
Major landmarks in the project locus include Newport City Hall, Thompson Middle School, St. Joseph's Church,
First Presbyterian Church, Newport Police Department, Cranston-Calvert Elementary School, Equality Park, and
Congdon Park.
This corridor is the most trafficked central artery leading to Newport's downtown. This transitional portion of
Broadway extends the city northward toward residential and extended commercial districts. Northern Broadway
presently has no dramatic transition, no strong sense of arrival, no clear message that one is entering one of the
most historically significant cities in the country. Metropolitan quality, pedestrian friendliness, and self-identity
have been sacrificed to accommodate motor vehicles. Initial project goals were as follows:
~ Improvements at crosswalk locations for enhanced pedestriansafety.
~ Maximization ofon-street parking capacity.
" Sidewalkamenities including decorative paving, street furniture, and plantings at optimal locations.
" Potential conversion of Broadway to one-way traffic flow southbound between Marlborough and
Farewell.
.. Replacement/augmentation ofcobra head lighting withhistoric pedestrian-scale fixtures.
.. Reduce pedestrian/vehicular conflicts on Broadway sidewalks by modifying curb cuts to reduce vehicular
and pedestrian conflicts.
.. Widening sidewalks at select points for sidewalk cafes, pedestrian amenities, and bike racks
Preferred Alternatives:
The process considered and reviewed various options and alternatives. The corridor was divided into three
subareas including "SouthernBroadway", "Mid-Broadway", and "Northern Broadway." Attached are the design
iroages illustrating the preferred alternatives for each snbarea. In general, the preferred alternatives include the
following elements:
" Narrowed automobile travel lanes and intersections to slowtraffic and increase pedestrian safety.
~ Strategically relocating crosswalks proposing some to be elevated.
" Combination ofdiagonal and parallel parking withnet increase offive spaces.
.. Proposed different road snrface (design and color, stamped surfuce) for parking areas to differentiate
visnally from automobile travel lanes and bike areas.
~ "Sharethe road" bike areas betweenparking and travel lanes onboth sides ofroadway.
.. "Bump outs" at key locations for traffic calming and pedestriansafety.
" One way travel lane south from Malborough to Farewell.
" Expanded "greenareas" particularly at intersection ofMarlborough and Broadway and at Equality Park.
August 2, 2011
.. Eliminated bus pull-offs to maximize pedestrian space and automobile parking.
.. Reduced width ofextremely wide curb cuts at some commercial locations.
With the guidance ofthe "Advisory Committee", it was understood how critically important it was for all of the
alternatives studied to incorporate the maximum possible parking spaces. This was successfully accomplished
while still providing for the streetscape elements necessary to "calm" the existing traffic flow, without any
deterioration in level of service. Certain portions of Broadway's width, especially near Dunkin Donuts, were
determined to be unusually wide. As a result, the roadway width and orientation was realigned to significantly
improve pedestrians' convenience and safety.
There was strong support for the new "one way" traffic flow from Marlborough to Washington Square. Also,
there was a re-design ofthe Marlborough/Broadway intersection to reduce the high speed right turns. This design
concept also provided reduced crossing distances for pedestrians and opened up areas for aesthetic, streetscape
and water quality enhancements.
The preferred alternative re-aligned, redesigned, relocated and/or removed the existing crosswalks. Some were
proposed to be elevated and some remained "at grade". Concerns from the Frank E. Thompson Middle School
were addressed by relocating the two crosswalks closest to the school to better accommodate students walking
from nearby neighborhoods.
Newpedestrianscale lighting options were recommended afIer completion ofa lighting feasibility analysis. A
retrofit to the existing systemis possible which would satisfy lighting standards. Replacement ofthe Cobra head
lighting with a substitute would be required to satisfy aesthetic lighting concerns.
Final Design Considerations:
The Preliminary Design Phase successfully addressed many desires. However, more design needs to be
accomplished including the following:
.. The relationships of a bicycle travel lane, especially as it operates adjacent to the angle parking. This
includes gathering and reviewing all ofthe information available on a relatively newconcept of"backing
into" angle parking. A report will be prepared on the advantages, disadvantages and safe operation, and
stakeholders will be engaged.
.. Investigate the location of the existing utilities, especially the vertical location of the Trolley Tracks.
There were public comments requesting that we "flatten" the center ofthe road to reduce the rather steep
slopes of the angle parking. This would improve safety and have improved pedestrian and aesthetic
advantages.
.. RlPTA' s interests and principal concerns have been addressed, but they need to be fully engaged to
address the remaining issues withthe Bus Stop locations, including shelter types and access.
.. The public strongly supported changes to the existing lighting. The Preliminary design presented
alternatives that would light the sidewalk area as well as the roadway and possibly the raised crosswalks
using "historical" standard types. Due to the high construction cost, the next phase will analyze National
Grid's new "historically compatible" options to see ifthey can accomplish our goals. Funding support
from RIDOTmay allowmore flexibility ofchoice during final design.
.. Proposed areas for landscape, streetscape and water quality enhancements need to be designed
considering the resources necessary for proper maintenance.
.. Project success as perceived by the public will require the inclusion ofsome landscaping. Plant selections
will minimize the need for repetitive maintenance including watering. However, all landscapes will
require some care. During the preliminary design process, numerous property owners and business
August 2, 2011
owners within the project area were engaged in discussions of"adopting" and caring for plant materials,
weeding, etc. The City's Arborist has also been engaged inthe process.
Storm water quality improvements were added as a concept in the initial phase, but more detailed designs
need to be refined for "rain gardens" and "bio-filtration" and how they can be incorporated into the
project innew"green areas" and possibly at "bump out" locations.
RIDOT comments and questions as a result of the future engineering review and analysis plus fue
underground utility survey.
Estimated Project Costs and Funding:
Cost estimate for Broadway Streetscape Project from Washington Square to Cranston Avenue
(includes paving of Broadway, sidewalks, stormwater, utilities, landscape, hardscape and
lighting) = $3,099,620
Cost estimate to cold plane and overlay pavement from Cranston Avenue to Bliss Road =
$394,380 .
Total Estimated Project Construction Cost =$3,494,000
The State has allocated $1.25 million to date for the paving portion of the proj ect through the
Transportation Improvement Program (TIP). Additionally, RIDOT has been working with the
City to secure additional funding. RIDOT recently applied on the City's behalf for Federal
Highway Administration (FHWA) (Transportation, Community and System Preservation -
TCSP) grant funds. RIDOT provided a letter (see attached) that indicates their intent to construct
this project, once designed, pending available funding.
Additional construction funding includes Community Development Block Grant (CDBG) and
"Safe Routes to School" grant funding.
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Mid-Broadway
Preferred Alternative - Sheet 2 of3
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Existing Srlck Accent Paving
Existing Granite Accent Paving
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Rhode Island Department of Transportation.
ENGINEERING DIVISION
Two Capitol Hill, Rm.226
Providence, RI 02903-1124
PHONE 401-222-2023
FAX 401-222-3006; TDD 401-222-497J
Mr. Paige R. Bronk
Director
Department of Planning, Zoning, Development & Inspections
City of Newport
43 Broadway
Newport, RI 02840
Subject: Broadway Streetscape and Traffic Calming Improvements
Dear Mr. Bronk:
July 22, 2011
As you know, we have been working with the City on the development ofthe Broadway Streetscape and
Traffic Calming Improvements project. This project is currently listed in the Pavement Management
Programof the Transportation Improvement Program. We will make every effort to construct this project
once design is complete, pending available funding.
Should you have any questions or require additional information please contact me or the Project
Manager, Courtney Danella at 222-2023 x4093.
Very truly yours,
RobertA. Smith, P.E.
Deputy Chief Engineer
RAS/cmd
Attachments
cc: Danella, Palumbo, Farhoumand, Smith; File
William R. Riccio, Jr., P.E., City of Newport
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Rhode Island Department of Transportation.
ENGINEERING DIVISION
Two Capitol Hill, Rm.226
Providence, RI 02903-1124
PHONE 401-222-2023
FAX 401-222-3006; TDD 401-222-4971
Mr. Paige R. Bronk
Director
Department of Planning, Zoning, Development & Inspections
City of Newport
43 Broadway
Newport, RI 02840
Subject: Broadway Streetscape and Traffic Calming Improvements
Dear Mr. Bronk:
July 22, 2011
As you know, we have been working with the City on the development ofthe Broadway Streetscape and
Traffic Calming Improvements project. This project is currently listed in the Pavement Management
Programof the Transportation Improvement Program. WIi will make every effort to construct this project
once design is complete, pending available funding.
Should you have any questions or require additional information please contact me or the Project
Manager, Courtney Danella at 222-2023 x4093.
Very truly yours,
Robert A. Smith, P.E.
Deputy Chief Engineer
RAS/cmd
Attachments
cc: Danella, Palumbo, Farhoumand, Smith; File
William R. Riccio, Jr., P.E., City of Newport
Communication # 4885/11
Docket Date: August 10,2011
To:
From:
Date:
Subject:
City of Newport
REQUEST FOR CITY COUNCIL ACTION
Mayor Stepheu C. Waluk & Members of the City Couucil
Edward F. Lavallee, City Mauager cfiJ{jI H
July 5, 2011
Natioual Grid Petition - 365 Thames Street - New Pole for Service
To Newport Harbor Center Transieut Boating Facility
Staff Presentation:
Applicant Presentation:
RECOMMENDATION:
The Council's consideration of the attached petition is requested. Staff has reviewed and recommends approval of the
petition.
BACKGROUND AND FINDINGS:
Attached is a petition from National Grid for installation of a new pole to provide service for the City's Transient
Boating Facility at the Newport Harbor Center. Copies of the petition were forwarded to staff for review. The
communications from the Public Services, Utilities and Planning Departments are enclosed. The Police and Fire
Departments have also advised that they do not have any concerns with the application.
PREVIOUS LEGISLATIVE ACTION
N/A
FISCAL IMPACT
_ Currently Budgeted (Account -----') _ Requires additional appropriation l No Fiscal Impact
SUPPORTING DOCUMENTS
Petitions from National Grid
Communication from Planning, Department
Commurtication from Public Services Department
Commurtication from Utilities Department
Finance Dept Review: Date By: _ (if applicable)
cc: Marlsa Albanese, National Grid
PETITON OF THE NATIONAL GRID FOR
JOINT OR IDENTICAL POLE LOCATION
TO THE HONORABLE TOWN COUNCIL _
OF __ __RHODE ISLAND
THE NATIONAL GRID
Respectfully asks permission to locate and maintain poles, wires and fixtures, including the necessary
sustain and protecting fixtures to be owned and used in common by you petitioner along and across the
following public ways:
THAMES STREET PROPOSE NEW JO POLE LOCATION
Wherefore your petitioners pray that they be granted joint of identical location for existing poles and
permission to erect and maintain poles and wires together with such sustaining and protecting fixtures as
the may find necessary, said poles erected or to erected substantially in accordance with the plan filed
herewith marked: 207133
DATED 6/6/2011
Your petitioner agrees to reserve or provide space for one cross arm at a suitable point on each of said poles
for the fire, police, telephone signal wires belonging to the municipality and used by it exclusively for
municipal purposes.
THE NATIONAL GRID
BY; 7YY (w..d
Michael Iervolino, EngineeringW.,J
THEVERIZON
_.....-
ORDER ----\-l-\. U
The foregoing petition been read, it was voted that the consent at the
For the use of public ways named for the purposes stated in said petition be and it hereby is granted------
work to be done subject to the supervision of
A true copy of the vote at the _
Adopted and recorded in Records Book# P.age#
CLERK
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The NARRAGANSETT ELECTRIC COMPANY and VERIZON
PLAN TO ACCOMPANY PETITION DATED _
TOTHE C.11, OF: '01t,"",,?u,..l- FOR:_'U----'-"----=--.--=3'--'-' _
JOINT POLE LOCATION ON: .

DATE OF PLAN PLAN # _
DESCRIPTION OF WORK: \'4o\,t\"" t.\e-.. \ '2
keuive= :> 3c..
DATE OF EXISTING GRANT: _
SYMBOL KEY
o Existing Pole Location
Proposed New Pole Location
Q9 Existing Pole to Be Abandoned
<\: Proposed Anchor
MAP# _
CITYOFNEWPORT
DEPARTMENTOFPLANNINGANDDEVELOPMENT
MEMORANDUM
TO:
FROM:
DATE:
RE:
Edward F. Lavallee, City Manager
Paige R. Bronk, Director
August 3, 2011
National Grid Pole Request
365 Thames Street - New Pole # 31
The Planning and Development Department has reviewed the request and offers the
following comment.
365 Thames Street - New Pole # 31 The Department does not have any issues with the
placement of this new pole. This service would serve the new Transient Boater Facility
at 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 pad
mounted transformer on the front of the building. Other property locations are not
feasible for a transformer due to floodplain concerns and also required clearances. The
installation of the new pole on Thames is the best option to serve the facility's electrical
needs.
City Of Newport
Department of Public Services
280 Spring Street
Newport, RI 02840
MEMORANDUM
TO:
FROM:
DATE:
RE: National Grid Application - Thames Street - service to Transient Boater Facility
This petition involves the addition of a utility pole to provide service for the Transient Boater
Facility that is housed within the basement level of the Armory Building. The new pole is located
between Ann Street and Brewer Street and has been located at the corner of the church parking
lot and the adjacent building. Upon inspection, this appears to be the least intrusive iocation for
its placement. Natlonai Grid indicates that underground service would require street level surface
pad mount transformers and switch gears be placed within the plaza area located within the front
of the Armory building; however, it appears that the State Historic Preservation Officer objects to
this type of installation due to its negative impact upon the historic structure. These surface pad
mounted transformers and gears need to be appropriately located to provide regulated
ciearances to structures etc which would likely require block walls and or fencing to surround
them 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 is
the least obtrusive to the area. If you have any questions, please do not hesitate to contact me
at your convenience.
xc: File.
CITY OF NEWPORT, RHODE ISLAND
DEPARTMENT()F_UTILITIES
MEMORANDUM
TO: Julia Forgue, Director of Utilities
FROM: Ken Mason, Deputy Utilities Director - Engineering ~
DATE: 8/2/11
RE: National Grid - Installation of new of Electric Service Pole
Thames Street between Ann Street and Brewer Street
=+
The installation ofthe electric service pole as requested by National Grid, has been reviewed with
respect to water, sanitary sewer and storm drains. -
The installation of a new pole on Thames Street, 65 feet south of Ann Street as shown on the
National Grid plan dated June 6, 2011, wiIl not interfere- with any existing sanitary sewers, storm
drains or water mains and services. The proposed project is acceptable to the Utilities
Department.
Communication # 4886/11
Docket Date: August 10, 2011
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To:
From:
Date:
Subject:
Staff Preseutation:
RECOMMENDATION:
Mayor Stephen C. Waiuk & the City Council
Edward F. Lavallee, City Manage?)3$"---
August 1, 2011
US Environmental Protection Agency Grant - Affirmation of Award
Easton Pond Ultraviolet (UV) Stormwater Treatment Project
Joan Tracey, Deputy Utilities Director - Finance
The Department of Utilities staffreconunends authorization to allow the Mayor to sign the Affirmation of Award for the
Easton Pond UV Project in the amount of$485,000.
BACKGROUND AND FINDINGS:
In May 2010, the United States Environmental Protection Agency included the City of Newport on the funding list of
the EPA Fiscal Year 2010 Appropriations Act for a water pollution control management project for $485,000. The
targeted project is the Newport Ultraviolet Treatment of Storm water at Easton's Beach - Construction.
The City filed an Application for Federal Assistance for the Grant on March 29, 2011 (CR 2011-41). The Award was
approved by the EPA on May 3, 2011 and the Grant Agreement must now be signed by an authorized official of the
City.
PREVIOUS LEGISLATIVE ACTION
Council Resolution No. 2011-41
FISCAL IMPACT
_ Currently Budgeted (Account _ Requires additional appropriation .1L No Fiscal Impact
SUPPORTING DOCUMENTS
Resolution
Award Agreement
Finance Dept Review: Date By: _ (if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
RESOLVED: that the Grant Agreement between
the City of Newport and the
United States Environmental
Protection Agency for the
Ultraviolet Treatment of
Stormwater in the amount of
$485,000.00 is hereby approved
and the Mayor is authorized to
sign said affirmation upon review
by the City Solicitor's office,
on behalf of the City.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
j;\QH"41
No .
)
RESOLVED: that the Application for Federal
Assistance between the City of
Newport and the Environmental
Protection Agency in the amount
of $485,000.00 is hereby approved
and the Mayor is authorized to
sign said application on behalf
of the City, subject to favorable
review by the City Solicitor.
IN COUNCIL
READ AND PASSED
March 23, 2011
EM 96140301 0 P
- -
aoa
ASSISTANCE 10 NO.

U.S. ENVIRONMENTAL
PRG
I
DOC 10 IAMEND# DATE OF AWARD
EM - 96140301
- 0
05/0312011

PROTECTION AGENCY
TYPE OF ACTION MAILING DATE
New 05/10/2011
f>AcJ';I
Grant Agreement
PAYMENT METHOD: ACH#
Reimbursement 10341
RECIPIENT TYPE: sand payment Requast to:
Municipal See programmalic tenn and condition nos. 13 & 14.
RECIPIENT:
PAYEE'
City of Newport RI Cily of Newport RI
70 Halsey Slraal 70 Halsay Streat
Newport, RI 02840 Nawport, RI 02840
EIN: 05-6000260
PROJECT MANAGER EPA PROJECT EPA GRANT SPECIALIST
Joan Tracey Katie Connors Hanry Burrall
70 Halsey Street 5 Post Office Square, Suite 100, OEP062 Grants Managament Office. 5 Post Office Squara,
Newport, RI 02840 Boston, MA 02109-3912 Sulta100, Boston, MA 02109-3912, OARM162
EMall: jtracey@cityofnewport.com EMall: Connors.Katla@apa.gov EMall: llurraU.Henry@epa.gov,
Phone: 401-645-5602 ,Phona: 617-918-1658 Phona, 617-918-1973
PROJECT TITLE AND DESCRIPTION
Purchase Easton Beach UV DIsinfection System
This Is aCongressional Eannart< that will off.at tha costa of the City of Newport's Easton Ileach Stonn Watar Ultraviolet (UV) Disinfection System project, The
grant will fund the purohase of the UV dislnfactlon system by the construcllon contractor from the manufacturar.
BUDGET PERIOD
I'PROJeCT PERIOD TOTAL BUDGET PERIOD COST ITOTAL PROJECT PERIOD COST
07101/2009 0613012012 07/0112009 06130/2012 $1.700,000.00 $1,700,000.00
NOTICE OF AWARD
; Ilased on your application dated 03/28/2011. Including all modifications and amendmants, tha United States acting by and through the US Environmental
;
Protactlon Agancy (EPA), hereby awards $485,000. EPA a9rees to costshare of all approved budgat period oosts Incurred, up to and not exceeding
totalledere' funding of $485.000. Such eward may be termlnaled by EPAwithout further cause If the recipient fells to provide timely affirmation of the award
by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed balowwithin 21 days after
receipt, or Bny exten.lon of time. a. may be granted by EPA, This agreement Is subject to appllcabla EPA statutory prOvIBlons. The appllcabla regulatory
prQvlslona are 40 CFR Chapter 1. Subchapter B, and all terms and condlllons of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION1ADDRESS ORGANIZATION I ADDRESS
EPANaw England U.S, EPA, EPA New EnglBnd
6 Post Office Square, Suite 100
Iloston, MA 021093912 5 Post Office, Square. Sulle 100
Boston, MA 021093912
THE UNITED STATES OF AMERICA BY THE U,S. ENVIRONMENTAL PROTECTION AGENCY
SIGNATURe OF AWARD OFFICIAL TYPED NAME AND TITLE DATE
Digital signature applied by EPA Award Official Mlcha.1 Kenyon, Acting Dlractor Office of Administration & Rasource 05/03/2011
Management
AFFIRMATION OF AWARD I
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE TYPED NAME AND TITLE DATE
Staphen Waluk, MByoT
EPA Funding Information EM96140301 - 0 Page 2
FUt-lDS FORMER AWARD THIS ACTIOt-l AMENDED TOTAL
EPA Amount This Action $ $ 465,000 $ 485,000
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year BalanC;9 $ $ $0
Other Federal Funds $ $ $0
Recipient Contribution $ $1,215.000 $1,215,000
State Contrlbullon $ $ $0
Local Contribution $ $ $0
Other Contribution $ $ $0
Allowable Project Cost $0 $1,700,000 $1,700,000
Assistance Program (CfDA) Stalutory Authority Regulatory Authoritv
i-66.202- Congressionally Mandaled Projects
Publlo Law 111-88 40 CFR PART 31
Depariment of Intertor
-
Environment and Related Agencle. Approprtatlons
- Act 2010
Fiscal
Site Name ReqNo
I'y
Approp. Budget PRC ObJeot Site/ProJect Cost Obligation I
Code Organization Clas5 Organization Deo.bllgatlon
-
11010CG023 11 E4C 01S0HOH 202B51E 419, 48S,00C
485,00C
EM-S6140301 -0 Page 3
Budae Summarv Paae
Table A Object Cia Category Total Approved Allowable
(Non-oonstructlon) BUd"et Period Cost
1. Personnel $0
2. Fringe Benents $0
3. Travol $0
4. Equipment $0
6. Supplies $0
6. Contract.uol $1.700,000
7. Construction $0
8. Other $0
9. Total Direct Charges $1,700,000
10. Indirect Costs: %Base $0
11, Total (Share: Recipient 1.1AI % Foderal ~ %.) $1,700,000
12. Total Approved Assistance Amount $485,000
13. Program Income $0
.14. Total EPA Amount Awarded This Action $485,000
16. Total EPA Amount Awarded To Date $485,000
EM 96140301 0 Page 4
Administrative Conditions
1. PAYMENT TO CONSULTANTS
EPA participation in the salary rate (excluding overhead) paid to individual consultants
retained by recipients or by a recipient's contractors or subcontractors shall be limited to
the maximum daily rate for a LevellY of the Executive Schedule (formerly GS-18), to be
adjusted annually. This limit applies to consultation services of designated individuals
with specialized skills who are paid at a daily or hourly rate. As of January 1, 2011, the
limit is $596.00 per day and $74.50 per hour. This rate does not include transportation
and subsistence costs for travel performed (the recipient will pay these in accordance
with their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement
requirements in 40 CFR 30 or 31, as applicable, are not affected by this limitation
unless the terms of the contract provide the recipient with responsibility for the
selection, direction, and control of the individuals who will be providing services under
the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(j) or
30.27(b).
2. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES
GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Program for
Utilization of Small, Minority and Women's Business Enterprises in procurement
under assistance agreements, contained In 40 CFR, Part 33.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, SUbpart 0
Pursuant to 40 CFR, Section 33.412, Tribal and Insular Area recipients are not
required to negotiate a fair share goal until 3 years from the effective date of the
DBE Rule. After that 3-year phase-in period has expired, Tribal and Insular Area
recipients are required to adhere to the full requirements of 40 CFR, Part 33,
Subpart D, as applicable.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following
good faith efforts whenever procuring construction, equipment, services and
supplies under an EPA financial assistance agreement, and to require that
SUb-recipients, loan recipients, and prime contractors also comply. Records
documenting compliance with the six good faith efforts shall be retained.
(a) Require DBEs are made aware of contracting opportunities to the fullest
extent practicable through outreach and recruitment activities. For Indian Tribal,
State and Local and Government recipients, this will include placing DBEs on
. solicitation lists and soliciting them whenever they are potential sources.
(b) Make information on forthcoming opportunities available to DBEs and
arrange time frames for contracts and establish delivery schedules, where the
requirements permit, in a way that encourages and facilitates participation by
DBEs in the competitive process. This includes, whenever possible, posting
solicitations for bids or proposals for a minimum of 30 calendar days before the
bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large
contracts could subcontract with DBEs. For Indian Tribal, State and local
Government recipients, this will include dividing total requirements when
economically feasible into smaller tasks or quantities to permit maximum
participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too
large for one of these firms to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business
Development Agency of the Department of Commerce.
(f) If the prime contractor awards SUbcontracts, require the prime contractor to
take the steps in paragraphs (a) through (e) of this section.
MBEIWBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5 7 0 0 ~ 5 2 A , "MBEIWBE
Utilization Under Federal Grants, Cooperative Agreements and Interagency
Agreements" beginning with the Federal fiscal year reporting period the recipient
receives the award, and continuing until the project Is completed. Only
procurements with certified MBEIWBEs are counted toward a recipient's
MBEIWBE accomplishments. 'The reports must be submitted annually for the
period ending September 30
lh
for:
40 CFR Part 30 Recipients (Non-profits and Institutions of Higher Education);
and
40 CFR Part 35 Subpart A and Subpart B Recipients,
The reports are due within 30 days of the end of the annual reporting
Ih
period (October 30 ). Reports should be sent to:
U.S Environmental Protection Agency, Region 1-New England
Grants Management Office - OARM16-2
5 Post Office Square, Suite 100
Boston, MA 02109-3912
Attn: Larry Wells, DBE Coordinator
Final MBEIWBE reports must be submitted within 90 days afterthe project
period of the grant ends. Your grant cannot be officially closed without all
MBEIWBE reports.
EPA Form 5700-52A may be obtained from the EPA Office of Small Business
Program's Home Page on the Internet atwww.epa.gov/osbp .
CONTRACT ADMINISTRAnON PROVISiONS, 40 CFR, Section 33.302
The recipient agrees to comply with the contract administration provisions of 40
CFR, Section 33.302.
BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual
reporting grant, agree to create and maintain a bidders list. Recipients of an
EPA financial assistance agreement to capitalize a revolving loan fund also
agree to require entities receiving identified loans to create and maintain a
bidders list if the recipient of the loan is subject to, or chooses to follow,
competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and
(c) for specific requirements and exemptions.
3. Drug-Free Workplace Certification for all EPA recipients
The recipient organization of this EPA assistance agreement must make an
ongoing, good faith effort to maintain a drug-free workplace pursuant to the
specific requirements set forth in Title 40 CFR 36.200 - 36.230. Additionally, in
accordance with these regulations, the recipient organization must identify all
known workplaces under its federal awards, and keep this information on file
during the performance of the award.
Those recipients who are individuals must comply with the drug-free provisions
sel forth in Title 40 CFR 36.300.
The consequences for Violating this condition are detailed under Title 40 CFR
36.510. Recipients can access the Code of Federal Regulations (CFR) Title 40
Part 36 at hltp:/lwww.access.gpo.gov/nara/cfr/walsidx06/40cfr3606.htm!.
4. I. Central Contractor Registration and Universal Identifier
Requirements.
A. Requirement for Central Contractor Registration (CCR1. Unless you are
exempled from this requirement under 2 CFR 25.110, you as the recipient
must maintain the currency of your information in the CCR until you submit
the final financial report required under this award or receive the final
payment, Whichever is later. This requires that you review and update the
Information at least annually after the initial registration, and more frequently
if required by changes in your information or another award term.
B. Requirement for Data Universal Numbering System (DUNS) numbers. If
you are authorized to make subawards under this award, you:
1. Must notify potential subrecipients that no entity (see definition in
paragraph C of this award term) may receive a subaward from you unless the
entity has provided its DUNS number to you. .
2. May not make a subaward to an entity unless the entity has
provided its DUNS number to you.
C. Definitions. For purposes of this award term:
1. Central Contractor Registration (CCm means the Federal
repository Into which an entity must provide information required for the
conduct of business as a recipient. Additional information about registration
procedures may be found at the CCR Internet site (currently at.
http://www.ccr.gov)..
2. Data Universal Numbering System (DUNS) number means the
nine-digit number established and assigned by Dun and Bradstreet, Inc.
(D&B) to uniquely identify business entities. A DUNS number may be
obtained from D&B by telephone (currently 866-705-5711) or the Internet
(currently at http://fedgov.dnb.com/webform).
3. E n t i ~ , as it is used in this award term, means all of the folloWing,
as defined at 2 CFR part 25, subpart C:
a. A Governmental organization, which is a State, local
government, or Indian tribe;
b, Aforelgn pUblic entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency. but only as a subrecipient under an award
or subaward to a non-Federal entity.
4. Subaward:
a. This term rneans a legal instrument to provide support for the
performance of any portion of the substantive project or program for which
you received this award and that you as the recipient award to an eligible
subrecipient.
b. The term does not include your procurement of property and
services needed to carry out the project or program (for further explanation,
see Sec. --.210 of the attachment to OMS Circular A-133, "Audits of States,
Local Governments, and Non-Profit Organizations").
. c. A subaward may be provided through any legal agreement,
including an agreement that you consider a contract.
6, Subreciplent means an entity that:
a, Receives a subaward from you under this award; and
b, Is accountable to you for the use of the Federal funds
provided by the subaward,
5. National Term & Condition for FULLY FUNDED EARMARKS
For fUlly funded agreements based on an earmark: EPA is fully funding this assistance
agreement based on the terms of a congressional earmark. If future earmarks are not
provided for this project and recipient, supplemental funding for this project is not
guaranteed.
6. PROHIBITED USE OF EPA FUNDS
Congress has prohibited EPA from using its FY 2011 appropriations to provide funds to
the Association of Community Organizations for Reform Now (ACORN) or any of its
subsidiaries. None of the funds provided under this agreement may be used for
subawards/subgrants or contracts to ACORN or its subsidiaries. Recipients should
direct any questions about this
prohibition to their EPA Grants Management Office.
7. LOBBYiNG AND LITIGATION ALL RECIPIENTS supplements the Lobbying
condition.
The chief executive officer of this recipient agency shall ensure that no grant funds
awarded under this assistance agreement are used to engage in lobbying of the
Federal Government or in litigation against the United States unless authorized under
existing law. The recipient shall abide by its respective OMB Circular (A-21 , A-8?, or
A-122), which prohibits the use of federal grant funds for litigation against the United
States or for lobbying or other political activities.
8. LOBBYING - ALL RECIPIENTS
The recipient agrees to comply with Title40 CFR Part 34, New Restrictions on Lobbying.
The recipient shall include the language of this provision in award documents for all
subawards exceeding $100,000, and require that sUbrecipients submit certification and
disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a
prohibited expenditure under Title 40 CFR Part 34 or falls to file the required certification or
lobbying forms shall be subject to a civil penal,ty of not less than $10,000 and not more than
$100,000 for each such expenditure.
9. MANAGEMENT FEES
Management fees or similar charges in excess of the direct costs and approved indirect
rates are not allowable. The term "management fees or similar charges" refers to
expenses added to the direct costs in order to accumulate and reserve funds for
ongoing business expenses, unforeseen liabilities, or for other similar costs which are
not allowable under this assistance agreement. Management fees or similar charges
may not be used to improve or expand the project funded under this agreement, except
to the extent authorized as a direct cost of carrying out the scope of work.
10. RECYCLED PRODUCTS
In accordance with Section 6002 of the Resource Conservation and Recovery Act
(RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a
State which is using appropriated Federal funds shall comply with the requirements set
forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an item
where the purchase price exceeds $10,000 or where the quantity of such items
acquired in the course of the preceding fiscal year was $10,000 or more. RCRA
Section 6002 requires that preference be given in procurement programs to the
purchase of specific products containing recycled materials Identified in guidelines
developed by EPA. These guidelines are listed in 40 CFR 247.
11. RECYCLED PAPER
In accordance with the polices set forth in EPA Order 1000.25 and Executive Order
13423, Strengthening Federal Environmental, Energy and Transportation Management
(January 24, 2(07), the recipient agrees to use recycled paper and double sided
printing for all reports which are prepared as a part of this agreement and delivered to
EPA. This requirement does not apply to reports prepared on forms supplied by EPA,
or to Standard Forms, which are printed on recycled paper and are available through
the General Services Administration.
12. SINGLE AUDIT ACT
In accordance with OMS Circular A-133, which implements the Single Audit Act, the
recipient hereby agrees to obtain a single audit from an independent auditor, if it
expends $500,000 or more in total Federal funds in any fjscal year. Within nine months
after the end of a recipient's fiscal year or 30 days after receiving the report from the
auditor, the recipient shall submit the SF-SAC and a Single Audit Report Package.
The recipient MUST submit the SF-SAC and a Single Audit Report Package, using the
Federal Audit Clearinghouse's Internet Data Entry System. For complete information
on how to accomplish the single audit submissions, you will need to visit the Federal
Audit Clearinghouse Web site: http://harvester.census.gov/fact
13. I. Reporting Subawards and Executive Compensation.
a. Reporting of first-tier subawards. .
1. Applicability. Unless you are exempt as provided in paragraph d.
of this award term, you must report each action that obligates $25,000 or
more in Federal funds that does not include Recovery funds (as defined in
section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e of
this award term).
2. Where and when to report.
i. You must report each obligating action described in
paragraph a.1. of this award term to www.fsrs.gov.
il.For subaward informE:\tion, report no later than the end
of the month following the month in which the obligation was made. (For
example, If the obligation was made on November 7, 2010, the obligation
must be reported by no later than December 31, 20'10.)
3. What to report. You must report the information about each
obligating action that the submission instructions posted at www.fsrs.gov
specify.
b. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total
compensation for each of your five most highly compensated executives for
the preceding completed fiscal year, if --
i.the total Federal funding authorized to date under this award
is $25,000 or more;
Ii. in the preceding fiscal year, you received-':"
(A) 80 percent or more of your annual gross revenues
from Federal procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR 170.320
(and subawards); and
(B) $25,000,000 or more in annual gross revenues from
Federal procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR 170.320
(and subawards); and
iIi.The pUblic does not have access to information about the
compensation of the executives through periodic reports filed under section
13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
780(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the
U.S. Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2, Where and when to report. You must report
executive total compensation described In paragraph b.1. of this award term:
I. As part of your registration profile at www.ccr.gov.
ii. By the end of the month following the month in
which this award is made, and annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as
provided In paragraph d. of this award term, for each first-tier subreclpient
under this award, you shall report the nameS and total compensation of each
of the subrecipient's five most highly compensated executives for the
subreciplent's preceding completed fiscal year, if .-
i. In the subrecipient's preceding fiscal year, the sUbrecipient
received-
(A) 80 percent or more of its annual gross revenues from
Federal procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR 170.320
(and subawards); and
(B) $25,000;000 or more in annual gross revenues from
Federal procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards): and
Ii. The public does not have access to Information about the
compensation of the executives through periodic reports filed under section
13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. 78m(a),
780(d or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the
U.S. Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.) .
2. Where and when to report. You must report
sUbrecipient executive total compensation described in paragraph c.1. of this
award term: .
i. To the recipient.
ii. By the end of the month following the month
during which you make the subaward. For example, If a sUbaward Is
obligated on any date during the month of October of a given year (I.e.,
between October 1 and 31), you must report any required compensation
information of the subrecipient by November 30 ofthat year.
d. Exemptions
If, in the previous tax year, you had gross income, from all
sources, under $300,000, you are exempt from the requirements to report:
i. subawards,
and
Ii. the total compensation of the five most highly compensated
executives of any subrecipient.
e.Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local
government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for-profit organization;
v. A Federal agency, but only as a subrecipient under an
award or subaward to a non-Federal entity.
2. Executive means officers, managing partners, or any other
employees in management positions.
3. Subaward:
i. This term means a legal instrument to provide support for
the performance of any portion of the substantive project or program for
which you received this award and that you as the recipient award to an
eligible subrecipient.
ii. The term does not Include your procurement of property
and services needed to carry ounhe project or program (for further
explanation, see Sec. --.210 of the attachment to OMB Circular A-133,
"Audits of States, Local Governments, and Non-Profit Organizations").
iii. A subaward may be provided through any legal
agreement, including an agreement that you or a sUbrecipient considers a
contract.
4.Subrecipient means an entity that:
I. Receives a subaward from you (the recipient) under this
award; and
ii. Is accountable to you for the use of the Federal funds
provided by the subaward.
5. Total compensation means the cash and noncash dollar value
earned by the executive during the recipient's or subr,ecipient's preceding
fiscal year and includes the following (for more information see 17 CFR
229.402(c)(2:
i. Salary and bonus .
ii. Awards of stock, stock options, and stock appreciation rights
. Use the dollar amount recognized for financial statement
reporting purposes with respect to the fiscal year in accordance
with the Statement of Financial Accounting Standards No. 123
(Revised 2004) (FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This
does not include group life, health, hospitalization or medical
reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried
employees.
iv. Change in pension value. This is the change in present
value of defined benefit and actuarial pension plans.
v. Above-market earnings on deferred compensation which is
not tax-qualified.
vi. Other compensation, jf the aggregate value of all such other
compensation (e.g. severance, termination payments, value of
life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
14. National Term and Condition for Subawards
a. The recipient agrees to:
(1) Establish all subaward agreements In writing;
(2) Maintain primary responsibility for ensuring successful completion of the
EPA-approved project (this responsibility cannot be delegated or transferred to
a sUbrecipient);
(3) Ensure that any subawards comply with the standards in Section 210(a)-(d) of
OMB Circular A-133 and are not used to acquire commercial goods or services
for the recipient;
(4) Ensure that any subawards are awarded to eligible sUbreciplents and that
proposed subaward costs are necessary, reasonable, and allocable;
(5) Ensure that any subawards to 501 (c)(4) organizations do not involve lobbying
activities;
(6) Monitor the performance of their recipients and ensure that they comply with
all applicable regulations, statutes, and terms and conditions which flow down
in the subaward;
(7) Obtain EPA's consent before making a subaward to a foreign or international
organization, or a subaward to be performed in a foreign country; and
(8) Obtain approval from EPA for any new subaward work that is not outlined in
the approved work plan In accordance with 40 CFR Parts 30.25 and 31.30, as
applicable.
b. Any questions about subrecipient eligibility or other issues pertaining to subawards
should be addressed to the recipient's EPA Project Officer. Additional information
regarding subawards may be found at
hltp://WWW.epa.govtogd/gulde/subaward-policy-part-2.pdf.Guidance for
distinguishing between vendor and subrecipient relationships and ensuring
compliance with Section 210{a)-(d) of OMB Circular A-133 can be found at
hltp:llwww.epa.gov/ogd/guide/subawards-appendix-b.pdf and
. hltp:/Iwww.whitehouse.gov/omb/circulars/a133/a133.html.
c. The recipient is responsible for selecting its subrecipients and, If applicable, for
conducting subaward competitions.
15. ALL RECIPIENTS
ecipients shall fully comply with SUbpart C of 2 CFR Part 180 entitled, "Responsibilities
of Participants Regarding Transactions Doing Business With Other Persons," as
implemented and supplemented by 2 CFR Part 1532. Recipient is responsible for
ensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR

Part 180, entitled "Covered Transactions," includes a term or condition requiring


compliance with SUbpart C. Recipient is responsible for further requiring the inclusion
of a similar term or condition in any subsequent lower tier covered transactions.
Recipient acknowledges that failing to disclose the information required under 2 CFR
180.335 may result in the delay or negation of this assistance agreement, or pursuance
of legal remedies, including suspension and debarment.
Recipients may access the Excluded Parties List System at http://www.epls.gov.This
term and condition supersedes EPA Form 5700-49, "Certification Regarding
Debarment, Suspension, and Other Responsibility Matters."
16. I. Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not-
i. Engage In severe forms of trafficking in persons during the period of
time that the award Is in effect;
ii. Procure a commercial sex act during the period of time that the award is
in effect; or
iii. Use forced labor in the performance of the award or subawards under
the award.
2. We as the Federal awarding agency may unilaterally terminate this award,
without penalty, if you or a subrecipient that is a private entity-
i. Is determined to have violated a prohibition in paragraph a.1 of this
award term; or
ii. Has an employee who is determined by the agency official authorized to
. ~ terminate the award to have violated a prohibition In paragraph a.1 of this
award term through conduct that is either-
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due
process for imputing the conduct of an Individual to an organization
that are provided in 2 CFR part 180, "OMB Guidelines to Agencies
on
Governmentwide Debarment and Suspension (Nonprocurement),"
as implemented by our Agency at 2 CFR 1532.
b. Provision applicable to a recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this award, without penalty, if a subrecipient
that is a private entity-
1. Is determined to have violated an applicable prohibition in paragraph a.1 of
this award term; or
2. Has an employee who is determined by the agency official authorized to
terminate the award to have violated an applicable prohibition in paragraph a.1 of
this award term through conduct that is either-
i. Associated with performance under this award; or
ii. Imputed to the sUbrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided
in 2 CFR part 180, "OMS Guidelines to Agencies on Govemmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our
agency at 2 CFR 1532
c. Provisions applicable to any recipient .
1. You must inform us immediately of any information you receive from any
source aileging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilateraily that is described in paragraph a.2 or b of this
section:
I. Implements section 106(g) of the Trafficking Victims Protection Act of
2000 (TVPA), as amended (22 U.S.C. 7104(g, and
ii. Is in addition to all other remedies for noncompliance that are available
to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
I. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under
this award; or
ii. Another person engaged in the performance of the project or program
under this award and not compensated by you including, but not limited
to, a volunteer or individual whose services are contributed by a third party
as an in-kind ,contribution toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the foilowing methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for
labor or services, through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity":
I. Means any entity other than a State, local government, Indian tribe, or
foreign pUblic entity, as those terms are defined in 2 CFR 175.25.
'il. Includes:
A. A nonprofit organization, including any nonprofit institution of
higher education, hospital, or tribal organization other than one
included in the definition of Indian tribe at 2 CFR 175.25(b).
8. A for-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion"
have the meanings given at section 103 of the TVPA, as amended (22 U.S.C.
7102).
17. FINAL FEDERAL FINANCIAL REPORT (SF-4251
Pursuant to 40 CFR 31,41(b) and 31.50(b), EPA recipients shall submit a final
Federal Financial Report (SF-425) to EPA no later than 90 calendar days after
the end of the project period, The form is available on the internet at
http://www.epa.gov/ocfo/finservices/forms.htm. All FFRs must be submitted to
the Las Vegas Finance Center: US EPA, LVFC, PO Box 98515, Las Vegas, NV
89193, or by Fax to: 702-798-2423.
The LVFC will make adjustments, as necessary, to obligated funds after reviewing and
accepting a final Federal Financial Report. Recipients will be notified and instructed by
EPA if they must complete any additional forms for the closeout of the assistance
agreement.
EPA may take enforcement actions in accordance with 40 CFR 31.43 if the recipient
does not comply with this term and condition.
18. PREAWARD COSTS
This award includes the approval of preaward costs which were incurred prior to the
award date.
Programmatic Conditions
1. The Grantee is solely responsible for the administration and successful completion
of the project for which EPA grant assistance has been awarded. The Grantee agrees
to: comply with all the terms and conditions of the grant agreement; efficiently and
effectively manage grant funds within the approved budget; complete the project in a
diligent and professional manner; and monitor and report on project performance.
2. The grantee agrees to manage the project consistent with the intent of the March 29,
2010 U.S. EPA Headquarters memoranda concerning the award of grants and
cooperative agreements for Special Projects and Programs Authorized by the Agency's
FY2010 Appropriation Act. The regulations at 40 CFR Part 31 apply to grants and
cooperative agreements awarded to State and local governments. Furthermore, a
listing of the Federal Laws and Executive Orders that apply to all EPA grants, including
the projects authorized by the Agency's FY2010 Appropriation Act, is contained within
the aforementioned memoranda.
3. This grant is subject to the National Environmental Policy Act (NEPA) of 1969, 42
U.S.C. 4321 et seq and Final Regulations promulgated thereunder In 40 Code of
Federal Regulations, Part 6. The Grantee agrees to furnish information and otherwise
cooperate with EPA and the Rhode Island Department of Environmental Management
in any evaluation pursuant to said Act or said Final Regulations.
The grantee agrees not to take any action on any project identified in the facilities
planning document beyond conceptual design, including but not limited to, beginning
the preparation of final plans and specifications, purchasing land, advertising or
awarding design and/or construction contracts, Initiating construction or requesting
reimbursement from EPA for coasts associated with such actions until such time as
EPA has completed its environmental review in accordance with NEPA and 40 CFR
Parts 6 and 1500 et. seq. Completion of this review will be evidenced by the issuance
of a Categorical Exclusion (CE), the issuance of the Findings of No Significant Impact
(FONSI), or the issuance of a Record of Decision (ROD).
The grantee agrees that, upon completion of the NEPA review, design and construction
shall be undertaken in accordance with the results of that review, including but not
limited to, the implementation of measures EPA identifies as reasonable to mitigate the
environmental impacts of the project. EPA reserves the right to unilaterally terminate
this grant in the event the recipient fails to comply with this condition, in accordance
with 40 CFR Section 31.43.
4. The Grantee shall ensure that all permits required by Federal, State, or local
statutes are obtained prior to the initiation of construction. The Grantee further agrees
to implement all of the requirements of the subject permits.
5. The Grantee agrees to submit plans and specifications to the Rhode Island
Department of Environmental Management for the purpose of conducting any
necessary or required State/Federal administrative or technical review.
6. The Grantee agrees to procure all services, equipment, supplies, and construction
awarded under this grant in accordance with 40 CFR Part 31, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments.
7. The Grantee shall comply with 49 CFR Part 24 which applies in the event the
recipient procures land or if people are relocated. The Grantee shall obtain acceptable
legal opinion for sites, easements and/or rightsofway to ensure that they are free of
any restrictions or encumbrances that might limit their use for the intended purpose, if
necessary for project completion. This documentation must be kept on file and made
available to EPA and to the State.
8. The Grantee agrees that costs incurred for the local share are subject to final
EPA/State review. The Federal share of the grant will be limited to nO more than 29%
of the final cost for completing the scope of work described, regardless of the amount
appropriated for the project.
9. The Grantee agrees to provide access to the project site and all related construction
records to EPA, and/or its authorized representatives, for the purpose of monitoring
progress of the project.
10. The Grantee agrees to maintain all project records for three years after the
issuance of EPAfls final payment or until any litigation, appeal, claim or Federal audit
that is begun before the end of the threeyear period is completed and resolved,
whichever is longer (40 CFR Part 31.42).
11. Approval of this project for Federal financial assistance does not imply a
\' I
commitment of future Federal funds beyond current levels of Congressional
appropriations.
12. No Payment will be made to the recipient until the executed assistance agreement
is returned to the .EPA Regional Grants Management Office.
13. The recipient agrees to submit a Request for Advance or Reimbursement (SF-270)
for review and approval, as costs are incurred on the assistance agreement. The
SF-270 should be submitted quarterly but no more than monthly. The EPA Project
Officer will revi,ew and approve the payment request prior to submittal to the EPA Las
Vegas Office for payment processing.
14. The Grantee agrees to submit a Final Payment request and a final Financial Status
Report for this project within 6 months of the final project inspection.
15. In accordance with 40 CFR 31.40 related to post award monitoring, the Grantee
agrees to provide to the EPA Project Officer an annual progress report which may
include information on each of the follOWing areas: 1) a comparison of actual
accomplishments to the outputs / outcomes established in the assistance agreement
work plan for the period; 2) the reasons for slippage if established outputs / outcomes
were not met; and 3) additional pertinent information, including, when appropriate,
analysis and information of cost overruns or high unit costs.
16, In accordance with 40 CFR 31.40 (d), the Grantee agrees to informEPA promptly
in writing of any substantial project changes that may affect the grant amount, delay or
accelerate the project schedUle, or alter the project significantly, which may result in a
grant amendment or wlll impair the ability of the Grantee to meet the outputs/outcomes
specified in the assistance agreement work plan.
, 17.. If applicable (e.g. if federal financial assistance expenditures exceed $500,000
annually), the Grantee shall comply with the Single Audit Act and the reporting
requirements set forth in OMS Circular A-133,
18. EPA expects the recipient to make sufficient progress so as to reasonably ensure
completion of the project within the project period, Including any extensions. EPA will
measure sufficient progress by examining the performance required under the workplan
in conjunction with the milestone schedule, the time remaining for performance within
the project period, and/or the availability of funds necessary to complete the project. If
the recipient fails to make sufficient progress, EPA will take appropriate action.
Communication # 4887/11
Docket Date: August 10,2011
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To:
From:
Date:
Subject:
Staff Preseutatiou:
RECOMMENDAnON:
Mayor Stephen C. Waluk & M e m ~ . ".Jr tljeCity Council
Edward F. Lavallee, City Manag/1ft/?,/
July 28, 2011
Award of Bid # 12-003 - Water Division Meter Read Laptop Computer
Kenneth R. Mason Deputy Utilities Director - Engineering
The Department of Utilities Water Division recommends the award to Stiles Company Inc., Norwood MA, for the
purchase of one (I) mobile meter reading system laptop computer for a total of $13,650.00. Funding for this computer is
from the Water Division FY 2012 Capital Improvement Plan.
BACKGROUND AND FINDINGS:
The Newport Water Division has converted its billing system in which all quarterly customers receive their bills in July,
October, January, and April. This conversion requires all accounts to be read in a short window of time in order to make
sure water bills are processed and delivered in a timely fashion. Based on this workload, a more powerful laptop
computer is required, in lieu of the equipment the Water Division currently utilizes. The current handheld computers are
used on a daily basis by the meter department for the installation and maintenance of the meters in the system however
they cannot efficiently handle the amount of data required to be collected for the quarterly billings. The handheld
computers will only hold enough data for approximately 650 accounts. This laptop computer will enhance the ability of
Water Division meter personnel to read all 14,500 accounts within the prescribed timeframe and will also be needed
when the Water Division converts to a monthly billing system at some point in the future. The laptop is a "toughbook"
computer which also includes the Badger ORION Reading system software, which is proprietary software required for
the radio read system.
The City solicited sealed bids for the purchase of the mobile readiug system laptop computer for the Water Division
Customer Service department. Only one (I) bid was received on July 15, 20 II and was initially quoted at $21,000.00.
This quote was recognized as over the amount budgeted for the equipment and as allowed under State Law Chapter 45-
55, Award of Municipal Contracts, City staff negotiated a lower price for the unit at $13,650.00.
PREVIOUS LEGISLATIVE ACTION
n/a
FISCAL IMPACT
..1l. Currently Budgeted (Acct 015-500-2209-50424-152213) _ Requires additional appropriation _ No Fiscal Impact
SUPPORTING DOCUMENTS
Resolution
Revised vendor quote
Corporate Information
State Law Chapter 45-55
Finance Dept Review: Date By: JL-'=-__ (if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..
WHEREAS: The City of Newport requested Sealed Bids for
the purchase of one (1) Mobile Meter Reading System
Laptop Computer, Bid # 12-003. Bids were received on
15 July 2011.
WHEREAS: Award has been recommended to the sole,
qualified bidder being Stiles Company Inc., of Norwood MA
at their bid price of $13,650.00.
NOW THEREFORE, BE IT RESOLVED: That the bid of
Stiles Company Inc., of Norwood MA is hereby accepted at
a total NTE cost of 13,650.00 and the Mayor is authorized
to sign said contract on behalf of the City, subject to
favorable review by the City Solicitor is hereby approved..
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
City ofNewpOlt
Department of Utilities
Bid/Proposal Sheet
Meter Reading System Computer # 12-003
...---, . Date:pA-!:J 1.,2,2-0 L(
I/We 9?'ks C.o <' the undersigned do hereby propose to
furnish the City of Newport, Rhode Island, One (1) Badger Orion RTR Meter Reading
System computer, in accordance with all terms and specifications contained herein:
1. Badger Orion RTR Meter Reading System compnter
$ t:j. laS" 0 I 0 a
I
7fF 709 -
FAX NUMBER
Total bid
$ /3 foSo, 00
SrhLJ (lo .
NAME OF FIRM SIGNAT&TlTLE
9l- L P M If (j 2-0(0 2
ADDRESS, CITY, ZIP CODE
I j"O() -L{2-6 k 2-V1:;
TELEPHONE NUMBER
6'ar, c-Ly(J J?A I.uc.-c, C0
E-MAIL ADDRESS
NOTE:
On a separate attachment, or use the one provided, list the Officers of your Corporation or
Principals of your LLC. Award cannot be done without the attachment.
Also, Please provide any literature you feel may be necessary.
All bidders are responsible for insuring that no addendums have been made to the original bid package.
All bid packages and addendumes are located at www.cityofnewport.com or you can contact the Purchasing
Depallment.
Stiles Company
Water works Products
922 Pleasant Street
Norwood,MA 02062
800-426"6246
Federal ID: 04-2779533
SOLD TO:
Newport Water Division Meter Contract
Radio Read Meter Reading System Contract
70 Halsey Street
Newport, RI
Quotation #: 007950
Page 101 1
SHIPPED TO:
Newport Water Division Meier Conlracl
Radio Read Meter Reading System Contract
70 Halsey Street
Newport, RI
QUOTE DATE
7/21/2011
EXPIRATION DATE
8/24/2011
YOUR ORDER # PAYMENT TERMS SHIPPED VIA
1 B 1 Orion laptop $13,650.00
SUBTOTAL:
FREIGHT:
OTHER:
TOTAL:
$13,650.00
$13,650.00
$0.00
$0.00
$0.00
$0.00
$13,650.00
Bid # 12-003
List the Officers of your Corporation or Principals of your LLC. Award
cannot be done without the attachment.
Complete Company Name
'"

Name
So ft
Name
Lkoi.- C. SCnLrts
Name
Name
Name
Title/OfficerlPositfon
(/r-eL ;1Vl,t.-fi,>:MJ-
Title/Orocer/Posltlon
{jV-CL
Title/OffictwlPosition
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Name"
Name
Name
j
"
"
Title/Officer/Position
Tille/Officer/Posltlon
Tille/Officer/Position
10
45-55-7
TITLE 45
Towns and cities
CHAPTE:R 45-55
Award of Municipal Contracts
SECTION45-55::.7
Pag\) I of 1
45-5;;-7 Negotiations after unsuccessful competitive sealed bidding. - (a) in the \)Yent that all
bias subn\iite(j pursWltlt to competitive sel:lltld bl(jding 45-55-5 res\l!t in ilid prices in excess of
the funds available fot the<purchase. and the purchasing<officer in wt'itingi
(1) That there are no ad4J:tlo1lal flln<\S l\vllilable fi'<1m ony sOUrce to permit I:ll\ I:lWl\rd to the lo\Vtlst
responsive and responsible bidder; and <
(2) The be'St interest bfthemulilcifllillty will Mt petl111tthe delay littendalit to I:l tesolicitatlon Mdei'
revised speoifioations. or forre:vised quantities, undel' compelitivesealed bjddingl:ls<!'rovjded.in 45-
55-5, theli a negotiated award ml:lY be made as stated in subsetiollS (b) or (0) ofthis s<ectlon.
(b) Where thereis luoi'e than one bidiler. comPetitive nllgotiatlons pul'S\lal1t tQ 45-S5-6. shall be
conducted with thethree(;3) (two (2) ifthere are only two (2 bidders determined, in writing. to be the
loWest resp1msi:qc lind responsible bidMt's<lo the compotltlve sealed bid.ii1vitation, COlllpetitiYe
negotiations unlilel' the'follQwingrestrictions:
(1) Ifdiscussionspertainhi:g to the I'evisien ofthe,specifications 01' quantities are held with any
potelltilllofferot, all other pote)}tlal offetors shall be afforded an 0Pl'0l't\lfilty to lake pa!'t In the
discussions; or '
(2,) A request for Pl'oposals
l
based upon revisedsp:ecH'icat1ons 01' quantities, shall he issued as
promptly as possible. shall pi'ovh;\e,for all expeditious ,l'esp6l1se to thel'evised<requirel):u;mts. lind shall be
awarded upon the basis ofthe lowest bid price, or lowest evaluated bid price submitted by any
respollSiv\l and resp!>nslble offeror.
(c sealed l!iat'F/ibfe'ls?onW'onc<);; ,'
aM:,l,'spolisible;bidder;, attoucUmpefitive('h:@gotillteaaW&'fWmIiY'be:maileWith'iliat:bidder'in'
I\ccOl'llal\Cewilh,"46J'55.S;' ,'<"
History of Section.
(P.L. 1992.ch. 394, 1.)
http://www.rilin.statc.ri.us/Statutcs/TlTLE45/45-55/45-55-7.HTM 7/20/2011
Communication # 4888/11
Docket Date: August 10, 2011
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & M e m ~ ~ o f the City Council
Edward F. Lavallee, City Manag ~ ~ ..,-'
July 26, 2011
Award of Bid Nnmber 12-004 - Road Materials
William R. Riccio, Jr,. PE, Director of Public Services
Approve the award of bid number 12-004 Road Materials for each of the supplied materials, as bid, to the following six
low bidders: Richmond Sand, Material Sand & Stone, JH Lynch & Sons, Inc, RI Ready Mix, Jolmston Asphalt, and PJ
Keating each of whom bid materials for which they are an industry supplier. The materials bid on a per tonnage basis
include sand, I Y, inch stone, J4 inch stone, 3/8 inch stone, processed gravel, bituminous concrete (asphalt,) cold patch,
high performance cold patch, loam, screened loam and ripap (a form of bedding material,) and playgronnd sand. The
materials bid on a per cubic yard basis include ready mix concrete with J4 inch stone and ready mix concrete with heat.
There were a total of 13 different suppliers that bid on one or more of these items which resulted in very competitive
pricing.
BACKGROUND AND FINDINGS:
These materials are necessary in order to provide Department of Public Services/Streets and Sidewalks & Parks and
Grounds Divisions as well as the Department of Utilities/Water Division with necessary construction materials which are
needed intermittently throughout the calendar year in order to maintain and upgrade the streets, sidewalks, grounds,
parks, playgrounds, water lines etc. throughout the City of Newport. These bids are for delivery or pick-up of materials
only on an as-needed basis throughout the course of the year. The bids come from various suppliers throughout the
state rather than one source in order to provide for better pricing for the City as they come from individual direct
sources.
Funds to purchase the material are available in the following accounts: 11-400-1470-50340 (Road Supplies); 11-400-1470
50341(Sidewalk Supplies); 15-500-2241-50276 (Water Division); 11-400-1510-50330 (Landscaping Supplies) for a
maximum total expeuditure of $117,400.00 (Newport Utility Dept $50,000 and Public Services $67,400.00.)
PREVIOUS LEGISLATIVE ACTION none
FISCAL IMPACT
.1L Currently Budgeted (see Accounts listed abovel
SUPPORTING DOCUMENTS
Resolution
Bid Tabulation
Recommendation Memo
Corporate Information
Requires additional appropriation _ No Fiscal Impact
Finance Dept Review: /}-/>iW- Date By: --I=''-L__
(if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
WHEREAS: The City of Newport requested Sealed Bids for Various
Road Materials, Bid # 12-004 which were received on July 15, 2011
for use by the Departments of Public Services and Utilities.
WHEREAS: Award has been recommended to the lowest, most
responsive bidder(s) listed below at their Unit Bid Prices of:
Sand (Richmond Sand)
1.5" Stone (Material Stone and Sand (MSS))
3/8" Stone (MSS)
%" Stone (MSS)
Processed Gravel (MSS)
Bituminous Concrete (JH Lynch)
Ready Mix - 3/4 Stone (RI Ready Mix)
Ready Mix with Heat (RI Ready Mix)
Cold Patch (Johnston Asphalt)
HI-Perf Cold Patch (PJ Keating)
Loam (MSS)
Screened Loam (MSS)
RIPRAP (PJ Keating)
Playground Sand (MSS)
18.45 (0) - 11.95 (P)
15.73 (0) - 12.00 (P)
16.72 (0) - 12.00 (P)
15.72 (0) - 12.00 (P)
13.25 (0) - 10.00 (P)
84.00 (0) - 72.00 (P)
96.00 (0)
99.00 (0)
96.00 (0) - 87.00 (P)
106.75 (0) - 100.00 (P)
14.70 (0) - 11.00 (P)
14.70 (0) - 11.00 (P)
20.00 (0) - 12.75 (P)
18.75 (0) - 11.70 (P)
NOW THEREFORE, BE IT RESOLVED: That the Unit Bid Prices of
Richmond Sand, Material Stone and Sand, JH Lynch, RI Ready Mix,
Johnston Asphalt, and P J Keating are hereby accepted and Unit
Price Purchase Orders are hereby authorized for City Use with
maximum expenditure capped at one hundred seventeen thousand
four hundred dollars ($117,400.00.)
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
I I
12-004 Road Materials (Pubtic Services)
.
Number Item P.J. Keating Quality Cons!. Mat Johnson Asphalt Mat Sand & Stone D'Ambra Cons!.
1 Sand NlA NlA NlA 21.75 (D) - 17.00 (P) N/A
2a 11/2 Stone 18.25 (D) - 11.00 (P) 22.00 (D) -12.00 (P) NlA 15.73 (D) - 12.00 (P) N/A
2b 318" Slone 21.05 (D) - 13.80 (P) 24.00 (D) - 14.00 (P) NlA 16.72 (D) - 12.00 (P) NlA
2c 314" Stone 20.30 (D) - 13.05 (P) 23.00 (D) - 13.00 (P) NlA 15.72 (D) - 12.00 (P) NlA
3 Processed Gravel 16.55 (D) 9.30 (P) 18.00 (D) - 8.00 (P) NlA 1325 (D) - 10.00 (P) NlA
4 Bituminous Concrete NlA (D) - 71.00 (P) NlA NlA NlA 125.00 (D) - 75.00 (P)
Sa Ready Mix wi 3/4" Stone NlA NlA NlA 103.00 (D) N/A
5b Ready Mix wi Heat NlA NlA NlA 109.00 (D) N/A
6a Cold Patch 97.25 (D) - 90.00 (P) NlA 96.00 (D) - 87.00 (P) NlA N/A
6b HIPerf Cold Patch 106.75 (D) -100.00 (P) NlA 108.00 (0) ~ 102.00 (P) NlA N/A
7 Loam NlA NlA NlA 14.70 (D) -11.00 (P) NlA
8 Screened Loam NlA 20.00 (D) -10.00 (P) NlA 14.70 (D) -11.00 (P) N/A
9 RIPRAP 20.00 (D) - 12.75 (P) 22.00 (D) -12.00 (P) NlA NlA NlA
10 Playground Sand NlA NlA NlA 1S.75 (D) -11.70 (P) NlA
Number Item Richmond sand RIReadyMix Cardi Corp J. R. Vinagro Narragansett IMP
1 Sand 18.45 (D) - 11.95 (P) NlA 23.00 (D) - 13.50 (P) 25.00 (D) - 15.00 (P) 24.00 (D) - 1S.900 (P)
2a 11/2 Stone 19.95 (D) - 13.95 (P) NlA 25.00 (D)- 15.00 (P) 1S.S0 (D) -12.S0 (P) NlA
2b 31S" Stone 19.95 (D) - 13.95 (P) N/A 26.00 (D) -16.00 (P) 20.80 (P) - 14.80 (P) NlA
2c 3/4" Stone 19.95 (0) - 13.95 (P) NlA 26.00 (D) - 16.00 (P) 19.50 (D) -13.S0 (P) NlA
3 Processed Gravel 18.95 (D) - 11.95 (P) NlA 23.25 (D) - 12.25 (P) 17.SO (D) 11.80 (P) 24.00 (D) -16.00 (P)
4 Bituminous Concrete NlA NlA 82.00 (D) - 72.00 (P) N/A 150.00 (D) - 76.00 (P)
Sa Ready Mix wi 314" Stone NlA 96.00 (D) 98.00 (D) NlA NlA
5b Ready Mix wi Heat N/A 99.00 (0) 102.50 (0) NlA NlA
6a Cold Patch N/A NlA NlA NlA NlA
6b HIPerf Cold Patch N/A NlA NlA NlA N/A
7 Loam 21.95 (0) -16.95 (P) NlA 29.00 (D) -19.00 (P) 20.00 (D) -13.00 (P) NlA
8 Screened Loam 21.95 (D) -16.95 (P) NlA 35.00 (D) - 25.00 (P) 20.00 (D) - 13.00 (P) N/A
9 RJPRAP 24.95 )D) -17.95 )P) NlA 48.00 (D) -38.00 (P) 20.80 (D) - 14.80 (P) N/A
10 Playground sand NlA NlA 23.50 (0) - 13.50 (P) 21.S0 (0) - N/A (P) NlA
Note: Delivery Qty limitations and Locations denoted on Bids Bid Closed: 15 July 2011
PAGE # 01 of 02
I I
I I
12-004 Road Materials (Public Servicesi
Number Item G. Lopes Const. J H Lynch & Sons Sount County Sand
1 Sand 19.95 (D) - 11.00 (P) NfA 20.00 (D) - 20.00 (P)
2a 11/2 Stone 23.95 (D) -11.50 (P) NfA 20.00 (D) - 20.00 (P)
2b 3/8" stone 23.95 (D) - 11.50 (P) NfA 20.00 (D) - 20.00 (P)
2c 314" Stone 23.95 (D) - 11.50 (P) N/A 20.00 (D) - 20.00 (P)
3 Processed Gravel 19.95 (D) -10.50 (P) NfA 16.00 (D) - 16.00 (P)
4 Bituminous Concrete NfA 84.00 (D) - 72.00 (P) NfA
Sa Ready MiX wi 3/4" Stone N/A NfA NfA
5b Ready MiXwi Heat N/A NfA NfA
Sa Cold Patch N/A 115.00 (D) NfA
6b HIPerf Cold Patch N/A 122.00 (D) NfA
7 Loam 14.95 (D) -11.95 (P) NfA 20.00 (D) - 20.00 (P)
8 Screened Loam 15.95 (0) -12.95 (P) 'NfA 20.00 (0) - 20.00 (P)
9 RIPRAP 21.95 (0) -11.95 (P) NfA N/A
10 Playground Sand 22.00 (D) - 15.95 (P) NfA NfA
Nole: Delivery Qty limitations and Locations denoted on Bids Bid Closed: 15 July 2011
PAGE # 02 of 02
"
Public Services Department
Memorandum
To: William Riccio
From: Lee Rice
Date: 7/20/11
Re: Various Road Materials Bid # 12004
I recommend that bid # 12-004 be awarded to the following vendors:
Richmond Sand Low Bidder $18.45(0) $11.95 (P)
Stone-l }$
Stone-3/4
Material Sand & Stone Low Bidder $15.73 (D) $12.00 (P)
Material Sand & Stone Low Bidder $15.72 (D) $12.00 (P)
Stone-3/8 Material Sand & Stone Lllw Bidder $16.72 (D) $12.00 (P)
Processed Gravel Material Sand & Stone Low Bidder
Bituminpus Concrete JH Lynch * Low Bidder $84.00 (D) $72.00(p)
(Meets QuaJificatiolls)
{tead! Mif% Stolle
Ready Mix wlheat
R.I. Ready Mix
R.I Ready Mix
Low Bidder $96.00 per yard (D)
Low Uldder $99.00 per yard (D)
Cold Patch-
High Perform CP
Johnston Asphalt
P.J. Keating
Low Bidder $96;60 (D) $87.00 (P)
Low Bidder $106.75 (D) $100.00(P)
Loam-
Screened Loam
Material Sand & Stone Low Bidder $14.70 (D) $11.00 (P)
Material Sand & Stone Low Bidder $14.70 (D) . $11.00 (P)
RIPRAP P.J. Keating Low Bidder $20.00 (D) $12.75 (P)
Playground Sand Material Sand & Stone Low Bidder $11.70 (P)
(D) Denotes Delivered
.,(p) Denotes Pick -up
" Plant Is within the specified 20 Mile radius of City Yard
All material quantities are priced per ton with the exception of Ready Mix Concrete
which is priced per cubic yard.
Lee Rice
Supervisor
Public Services
Street & Sidewalk Division
!
III
!
Bid # 12-004
List the Officers of your Corporation or Principals of your LLC. Award can not
be done without the attachment.
tt St-.e LLC
Complete Company Name
VVl, t.L 'l.e ( QI A-,..... rA.
Name
hut 'I) ( fb, L,-e,
Name
Name
Name
Name
Name
Name
Name
14
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Bid # 12-004
List the Officers of your Corporation or Principals of your LLC. Award can not
be done without the attachment..
72 \IKEIlrI/LG
Complete Company Name
Name
Name
Name
(!/f!:JJzLES Bgcuw
Name
Name
/b,riIlI(
Name

Name
Name
Title/Officer/Position
Title/Officer/Position
/
5cQI!7?!-tZY'
Title/Officer/Position
7lZiJJ;//I?Ete1/l<;5IS7HNT
Titll/officer/Position
AS5IS71J7VT
Title/Officer/Position
997/tVT
, Title/Officer/Position

Title/Officer/Position
Title/Officer/Position
14
Bid # 12-004
list the Officers of your Corporation or Principals of your LLC. Award can not
be done without the attachment.
Material Sand &Stone Corp.
Complete Company Name
Robert A. Pezza
Name
Michael Pezza
Constance Pezza
!IIame
Name
Name
Narne
~ : . : ; -,'
Name
Name
Name
President
Title/Officer/Position
V. President
Secretary/Treasurer
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
14
Bid # 12-004
List the Officers of your Corporation or Principals of your LLC. Award can not
be done without the attachment.
rvt, iL .) e I vAWI \" N,
Name
Name
Name
Name
Name
Name
Name
Name
__ 4.=.:>_"":f'-'----__
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
Title/Officer/Position
14
Bid # 12-004
List the Officers of your Corporation or Principals of your LLC. Award can not
be done without the attachment.
Johnston Asphalt, LLC
Complete Company Name
Richard J. Miller
Name
Rebecca A. Bland
Name
Name
Name
Name
Name
Name
Name
Managing Director
Tltle/OHlcer/Posltlon
Assistant Manager
Tltle/OHlcer/Posltlon
Tltle/OHlcer/Posltlon
Tltle/OHlcer/Posltlon
Tltle/OHlcer/Posltlon
Tltle/OHlcer/Posltlon
Title/OHlcer/Positlon
Tltle/OHlcer/Positlon
14
J. H. Lynch & Sons, Inc.
Officers & Directors
Title Name Home Address Business Address
President Stephen P. Lynch Jr. II Frederick Lane 50 Lynch Place
Cumberland, RI 02864 Cumberland, RI 02864
Sr. Vice President Da,lid C. Lynch Sr. 66 D' Agnillo Drive 50 Lynch Place
Warwick, RI 02818 Cumberland, RI 02864
Sr. Vice President Gregory P. Lynch Sr. 6 Cobblestone Road 18 McCracken Road
Cumberland, RI 02864 Millbury, MA 01528
Vice President Harry E. Myers III 3 Myers Drive 50 Lynch Place
Lincoln, RI 02865 Cumberland, RI 02864
Vice President Francis Foley, Jr. 26 Fox Road 270 North Road
.
Narragansett, RI 02882 Peace Dale, RI 02864
Vice President Frank Aceto 20 Alpine Ridge 18 McCracken Road
Smithfield, RI 02917 Millbury, MA 01528
Treasurer William Cabral 23 Poppasquash Road 50 Lynch Place
Bristol, RI 02809 Cumberland, RI 02864
Secretary Ellen Kitchell II Hunters Run 50 Lynch Place
N Providence, RI 02904 Cumberland, RI 02864
Assistant Secretary Martha Lynch Landry 19 Lees Farm Commons 18 McCracken Road
N Providence, RI 02904 Millbury, MA 01528
Director John T. Walsh, Jr. 139 Smoke Ridge Drive 123 Dyer Street
South Kingstown, RI Providence, RI 02903
Director Stephen P. Lynch Jr. II Frederick Lane 50 Lynch Place
Cumberland, RI 02864 Cumberland, RI 02864
Director Gregory P. Lynch Sr. 6 Cobblestone Road 50 Lynch Place
Cumberland, RI 02864 Cumberland, RI 02864
Director David C. Lynch Sr. 66 D'Agnillo Drive 50 Lynch Place
Warwick, RI 02818 Cumberland, RI 02864
Communication # 4889/11
Docket Date: AUgUst 10, 2011
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To:
From:
Date:
Subject:
Staff Presentation:
Applicant Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & Memt;yj/t;).I!e__Cit
y
Council
Edward F. Lavallee, City Manage v'/
14 July 2011
Agreemeut for Use of Easton's Beach Parking LotlNewport Yachting Center
International Boat Show
Erik Reis, Easton's Beach Manager
Approve a lease agreement with Newport Yachting Center in the amount of$7,000 for temporary use of parking spaces
at Easton's Beach for patrons of the Newport International Boat Show, September 15-18, 20 II.
BACKGROUND AND FINDINGS:
The Newport Yachting Center wishes to enter into an agreement with the City for the temporary use of the Easton's
Beach parking lot to accommodate its daytime patrons of the Newport International Boat Show during the daytime hours
of 8am-8:15pm the period September 15-18, 2011.
On September IS'" 16'" 17'h and 18'h the Yachting Center desires to lease Lots number 2 & 3 (Center and East Lots).
Lot I (West Lot) will be utilized for daily beach and Cliff Walk parking.
The City will retain use of spaces critical for the operation of Easton's Beach, including wedding and daytime Beach
patrons (Lot I and a portion of Lot 2, which includes Reserved Parking Spaces). This time of year there is adequate
capacity to accommodate this additional parking demand.
Newport Yachting Center will provide its own staff to oversee all aspects of the Newport International Boat Show
Parking Program at Easton's Beach from start to finish, 8 AM to 8:15 PM, Thursday tbm Sunday, September 15-18,
2011.
The Newport Yachting Center will provide $IM in liability insurance and agrees to hold the City harmless for any
personal injuries or property damage
PREVIOUS LEGISLATIVE ACTION
FISCAL IMPACT
_ Currently Budgeted (Account ~ ~ ) _ Requires additional appropriation _ No Fiscal Impact
This agreement will add $7,000 in revenue to the Easton's Beach Enterprise Fund.
SUPPORTING DOCUMENTS
Resolution
Agreement
Finance Dept Review:
Date By: _ (if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
WHEREAS: the Newport Yachting Center wishes to enter
into an agreement with the City for the
temporary use of Easton's Beach parking lot
to accommodate its daytime patrons of the
Newport International Boat Show during the
daytime hours of 8am-8: 15pm the period
September 15-18, 2011; and,
WHEREAS: the Newport Yachting Center will provide its
own staff to oversee all aspects of the
Newport International Boat Show Parking
Program at Easton's Beach, indemnify the City
for any personal injuries or property damage,
and carry liability insurance in the amount
of $1 million; and,
WHEREAS: the agreement specifies that
Yachting Center's payment be
THEREFORE BE IT
the Newport
$7,000. NOW
RESOLVED: the agreement with the Newport Yachting
Center for lease of space at the Easton's
Beach parking lot for parking during the
Newport International Boat Show for the
period of September 15-18, 2011 is approved
and the Mayor is authorized to sign said
agreement, upon review of the Ci ty
Solicitor's office, on behalf of the City.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
July 12,2011
From: Erik Reis
Beach Manager/Recreation Supervisor
City of Newport
To: Nancy Piffard
Newport Yachting Center
Newport, Rl 02840
Re: Letter of Agreement -Use of Easton's Beach Parking Lot during Newport
International Boat Show, September 15 -18, 2011.
Dear Ms. Piffard:
It is the City's understanding that The Newport Yachting Center (theYachting Center)
would like to enter into an agreement with the City of Newport (the City) for the
temporary use of the Easton's Beach parking lot to accommodate its daytime patrons of
the Newport International Boat Show for the period Thursday - Sunday, September 15-
18,2011.
While the City of Newport may accommodate your request, it is our mutual best interest
to have an agreement in writing by way of this letter of understanding, the provisions of
which are as follows:
The CITY is the owner of certain parking facilities located at Easton's Beach for which
parking spaces are available for use by beach patrons during the summer season.
The YACHTING CENTER desires to lease parking spaces for use of its Newport
International Boat Show patrons during the daytime hours of 8AM - 8: 15 PM,
September 15-18, 2011.
On September 15th, 16th, 17th and 18th the Yachting Center desires to lease Lots number
2 & 3 (Center and East Lots). Lot I, West lot - will be utilized for daily beach and Cliff
Walk Parking.
As in the past years, the CITY will be allowed to park bathhouse patrons under the
parking garage on the 15th, 16th, 17th and 18th. In addition, the City will rope off a
small area in center Lot 2 on Saturday, September 17 and Sunday, September 18 to allow
for Rotunda Ballroom wedding event parking.
Newport Yachting Center will provide its own staff to oversee all aspects of the Newport
International Boat Show Parking Program at Easton's Beach from startto finish, 8 AM to
8:15 PM, Thursday thru Sunday, September 15-18,2011.
-1-
In consideration of the mutual promises contained herein, the parties do hereby agree as
follows:
Prior to signing of this letter agreement, the Newport Yachting Center shall provide the
CITY a copy of binder for liability insurance in the amount of One. Million Dollars
($1,000,000.00) for the period from September 15 through September 18,201 I with the
City of Newport named as Additional Insured.
The YACHTING CENTER does hereby agree to save the CITY harmless from any and
all claims for personal injuries and/or property damage suffered by any person or
property arising from any cause as a result of the YACHTING CENTER'S use of the
East Lot at Easton's Beach, and shall also save and keep the CITY harmless from all
damages of any kind, nature and description which may arise to real and personal
property occasioned or caused by the use of said parking lot as a result of the making of
this letter agreement.
Any problems arising from the use of these parking privileges shall be brought to the
attention of Erik Reis - On Site Beach Manager at (401) 845-5810.
Any misuse of these parking privileges, including, but not limited, to use of spaces not
subject to this agreement, shall be subject to the towing policy ofthe CITY;
The term of this agreement shall commence upon payment in advance, payable to the
City of Newport, of $7,000.00 (seven thousand dollars), payable to the City no later than
September 1, 2011.
This agreement may be terminated by either party by giving the other a written notice. If
you are in agreement with the forgoing provisions, please indicate your acceptance of this
letter of agreement by signing below and forwarding the same to me for further
execution. A fully-executed copy will be furnished to you upon completion.
CITY OF NEWPORT
Stephen C. Waluk, Mayor
APPROVED AS TO FORM:
Joseph J. Nicholson, Jr.
City Solicitor
NEWPORT YACHTING CENTER
Nancy Piffard, Show Director
-2-
Communication # 4890/11
Docket Date: August 10, 2011
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To:
From:
Date:
Subject:
Staff Presentation:
Applicant Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & Memr;;' f tl!jlCity Council
Edward F. Lavallee, City Mauag .
14 July 2011 .
Agreement for Use of Eastou's Beach Parking Loti Preservatlou Society
Anuual Food & Wiue Festival Parking
Erik Reis, Easton's Beach Manager
Philip Pelletier, Director of Special Events
Approve a lease agreement with Preservation Society in the amount of $2,000 for temporary use of parking spaces at
Easton's Beach for patrons ofthe Annual Food & Wine Festival, September 24 & 25, 2011.
BACKGROUND AND FINDINGS:
The Preservation Society wishes to enter into an agreement with the City for the temporary use of the Easton's Beach
parking lot to accommodate its daytime patrons of the Annual Food & Wine Festival during the daytime hours of I lam-
5pm the period September 24 & 25, 2011.
On September 24'h and 25'", the Preservation Society desires to lease Lot 3 (East Lot). Lot I (West Lot) & Lot 2 (Center
Lot) will be utilized for daily beach and Cliff Walk parking.
The City will retain use of spaces critical for the operation of Easton's Beach, including wedding and daytime Beach
patrons (Lot I and Lot 2, which includes Reserved Parking Spaces). This time of year there is adequate capacity to
accommodate this additional parking demand.
The Preservation Society will provide its own staff to oversee all aspects of the Annual Food & Wine Festival Parking
Program at Easton's Beach from start to finish, II AM to 5 PM, Saturday and Sunday, September 24 & 25, 2011.
The Preservation Society will provide $IM in liability insurance and agrees to hold the City hanniess for any personal
injuries or property damage
PREVIOUS LEGISLATIVE ACTION
FISCAL IMPACT
_ Currently Budgeted (Account --') _ Requires additional appropriatiou _ No Fiscal Impact
This agreement will add $2,000 in revenue to the Easton's Beach Enterprise Fund.
SUPPORTING DOCUMENTS
Resolution
Agreement
Finance Dept Review: Date By: _ (if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
WHEREAS: the Preservation Society wishes to enter into
an agreement with the City for the temporary
use of Easton's Beach parking lot to
accommodate its daytime patrons of the Annual
Food and Wine Festival during the daytime
hours of 11am-5pm the period September 24 and
25, 2011; and,
WHEREAS: the Preservation Society will provide its own
staff to oversee all aspects of the Annual
Food and Wine Festival Parking Program at
Easton's Beach, indemnify the City for any
personal injuries or property damage, and
carry liability insurance in the amount of $1
million; and,
WHEREAS: the agreement specifies that the Preservation
Society's payment be $2,000. NOW THEREFORE BE
IT
RESOLVED: the agreement with the Preservation Society
for lease of space at the Easton's Beach
parking lot for parking during the Annual
Food and Wine Festival for the period of
September 24 and 25, 2011 is approved and the
Mayor is authorized to sign said agreement,
upon review of the City Solicitor's office,
on behalf of the City.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
July 14,2011
From: Erik Reis
Beach Manager
City of Newport
To: Philip Pelletier
Director of Special Events
Preservation Society of Newport
Re: Letter of Agreement - Use of Easton's Beach Parking Lot during Annual Wine
& Food Festival, September 24
th
and 25
t
h, 2011.
Dear Mr. Pelletier:
It is the City's understanding that The Preservation Society of Newport (the
PRESERVATION SOCIETY) would like to enter into an agreement with the City of
Newport (the CITY) for the temporary use of Easton's Beach parking lot to
accommodate its patrons of the Annual Wine & food Festival for the period September
24 and 25, 2011.
While the CITY may accommodate your request, it is our mutual best interest to have an
agreement in writing by way of this letter of understanding, the provisions of which are
as follows:
The CITY is the owner of certain parking facilities located at Easton's Beach for which
parking spaces are available for use by beach patrons during the summer season.
The PRESERVATION SOPCIETY desires to lease parking Lot #3 (East Lot) for use of
its Annual Wine and Food Festival's parking patrons during the hours of:
Saturday, September 25,2010 from llAM to 5 PM (6 total hours)
Sunday, September 26, 2010 from llAM to 5 PM (6 total hours)
The PRESERVATION SOCIETY will provide its own staff to oversee all aspects of the
Armual Wine and Food Festival's Parking Program at Easton's Beach from start to finish,
as indicated above. The CITY will provide staff to monitor the activity of the
PRESERVATION SOCIETY staff.
In consideration of the mutual promises contained herein, the parties do hereby agree as
follows:
1. Prior to signing of this letter agreement, the PRESERVATION SOCIETY shall
provide the CITY a copy of binder for liability insurance in the amount of One
Million Dollars ($1,000,000.00) for the period from September 24 to 25, 2011,
inclusive, with the City of Newport named as the Additionally Insured.
-1-
2. The PRESERVATION SOCIETY does hereby agree to save the CITY harmless
from any and all claims for personal injuries and/or property damage suffered by
any person or property arising from any cause as a result of the PRESERVATION
SOCIETY'S use of the East and/or Center Parking Lots at Easton's Beach, and
shall also save and keep the CITY harmless from all damages of any kind, nature
and description which may arise to real and personal property occasioned or
caused by the use of said parking lot as a result of the making of this letter
agreement.
3. Any problems arising from the use of these parking privileges shall be brought to
the attention of Erik Reis, on-site Beach Manager at (401) 845-5810.
4. Any misuse of these parking privileges, including, but not limited, to use of
spaces not subject to this agreement, shall be subject to the towing policy of the
CITY.
The term of this agreement shall commence upon payment in advance, payable to the
City of Newport, of $2,000.00 (two thousand dollars), payable to the City no later
than September 1, 2011.
This agreement may be terminated by either party by giving the other a written
notice. If you are in agreement with the forgoing provisions, please indicate your
acceptance of this letter of agreement by signing below and forwarding the same to
me for further execution. A fully-executed copy will be furnished to you upon
completion.
CITY OF NEWPORT
Stephen C. Waluk, Mayor
APPROVED AS TO FORM:
Joseph J. Nicholson, Jr.
City Solicitor
PRESERVATION SOCIETY OF
NEWPORT
Philip Pelletier, Director of Special Events
-2-
Communication # 4891/11
Docket Date: August 10, 2011
To:
From:
Date:
Subject:
City ofNewport
REQUEST FOR CITY COUNCIL ACTION
Mayor Stepheu C. Waluk & Members of the City Council
Edward F. Lavallee, City Manager
August 2, 2011
Ordinauce Ameudmeut - 20 mph Speed Limit - Thames Street from
Poplar Street to Marlborough Street
Staff Presentation:
RECOMMENDATION:
Modify the ordinance governing speed limits to reduce the speed limit on Thames Street, beginning at the northern
terminus (intersection of Thames Street and Poplar Street), and proceeding south to the intersection of Thames Street at
Marlborough Street. The current speed limit is 25 MPH. The recommendation is to reduce the speed limit in the affected
location to 20 MPH
BACKGROUND AND FINDINGS:
Traffic studies have been conducted in the upper Thames Street area during the past year. The City's ITC has entertained
several reviews of traffic-related issues and neighborhood groups have appeared in various public forums to discuss
concerns related to traffic density, speed, and vehicle weight restrictions. Reviews by the ITC and City administration
agree that reducing the speed limit by 5 MPH will increase safety, slow down traffic, and reduce noise.
PREVIOUS LEGISLATIVE ACTION
FISCAL IMPACT
_ Currently Budgeted (Account --') _ Requires additional appropriation l No Fiscal Impact
SUPPORTING DOCUMENTS
Proposed Ordinance Amendment
Finance Dept Review: Date By:
----
(if applicable)
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO. _
AN ORDINANCE IN AMENDMENT OF TITLE TEN OF THE CODIFIED ORDINANCES
OF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS
AMENDED, ENTITLED, "VEHICLES AND TRAFFIC."
BE IT ORDAINED by the City of Newport:
SECTION 1. Chapter 10.08 of the Codified Ordinances of the City of
Newport, Revision of 1994, as amended, entitled, "General
Provisions," is hereby further amended as follows:
Section 10.08.180. Speed Restrictions
ADD: "4. Twenty (20) miles per hour on Thames Street, from
Poplar Street to Marlborough Street."
SECTION 2. This ordinance shall take effect upon its passage and
all ordinances or parts of ordinances inconsistent herewith are
hereby repealed.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
JUL 2 5 2011
U
Page I of I
CITY OF NEWPORT, RHODE ISLAND
pAILY LIQUOR LICENSE APPLICATION Date:
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:
SpecifY Class (F, F-I, orF-2 which?) IF.I CLASS Liquor License
(Class F is Beer & Wine; Class F-l is Full Privile e; Class F-2 is Auction
DESIGNAnON OF APPLICANT (which?): 01-> Q...o\' \\

R.I. Non-Business Corp. OR Re igious Org. OR Political Org. OR C tere..r?
STATEMENT OF PURPOSE:
STATEMENT OF DISTRIBUTION OF PROFITS (if requested without fee) _
I
Date(s) ofEvent:I_A..:."_,,,,_ __2. __D_,_2_-\ 2_D_\_\ 1
Times(a.m. & p.m.)r----------------------------,
Event Name/Type:
,
Location of Eventl \J \:. "'"' (? 0 P_'"'" -A iIJ\ v 'N'"\.
Organization/Corporate Namej \\) \::. \;-J 0 It.T Q(L'T tAuS E.., .",-
D/B/A NAME: I

BUSINESS ADDRESS: I Av ..
BUSINESS PHONE: I;\'l \ S"\ e '2. 00 IALTERNATE PHONE:
NOTE: Alcoholic Beverages Must Be Purchased from a Rhode Island Wholesaler Licensee, except
Caterers, who must purchase alco lie beverages from a Rhode Island Class A Package Store.
APPLICANT: 'ZCl h >2 A 1.'. ,,1"\ CQ\)AAPC / ".. <. \) l \"1
PRINT NAME/TlTLE
o INITIALLING HERE INDICATES RECEIPT OF APPLICATION FOR MINOR BOOK.
FILING FEE $15.00 DA 7 -I /4. ::<:.
LICENSE FEE DAILY (F =$15, F-l= $35, F-2= $35)
TOTAL LICENSE FEE $ 30 DATEPAID _
ISSUED BY DATE ISSUED _
ACTION BY COUNCIL ACTION DATE _

r STey rrr 7-'7 ""; "T"'EP"WFT . XX n 'Z77fT?
Date(s) of Event:! e\'2..b I 9\''2.:' I \0\'2.6 2. 0 \ \ I
Times(a.m. & p.m)1 I
E,- q I'M
==;====================
Event Name/Type: I j'l' FPo. \f:J A, "1 I
Location of Event:1 AQ..\ N\usauW\.. I
Organization/Corporate Namel 'NEo..'N Qb 'P-,AQ...\ f\A.;JS Eo '" I
D/B/A NAME: I .
--;::===========================================::::;
BUSINESS ADDRESS: I ,. b e:,e;. ........ e,-.Jv F-.. A", e.. .1 <,I
BUSINESS PHONE: I'tc>\ t:>"\ l:l e'Loe IALTERNATE PHONE: I
NOTE: Alcoholic Beverages Must Be Purchased from a Rhode Island Wholesaler Licensee, except
Caterers, who must purchase alc lic beverages from a Rhode Island Class A Package Store.
C9 . - 6Uf?pA:I;!) /.};:,t, L>11C./-;C)'7'lI>
SIGNATU PRINT APPLICANTNAMEITITLE
o INITIALLING HERE INDICATES RECEIPT OF APPLICATION FOR MINOR BOOK.
FILING' FEE $1;.00 DATE PAID "7 - d-?-Il .11.. "
LICENSE FEE DAILY (F=$I5, F-l= $35, F-2= $35)
TOTAL LICENSE FEE (for # oflDays) IS $ /c1r- DATE PAID 7-d-S--
4
(-i'A
ISSUED BY DATE ISSUED _
ACTION BY COUNCIL ACTION DATE _
AppOJLiqlll)fD<\ilyL
to Be efit the Hall of Farne"
1511O(t/ "l::l 5 (p Ii I
IiI: [I ,j:
! I I D te: July 27,
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT: i \i
l
2 8 f.(jll <,
. L,r f jL tJ(,;(fT!
Specify Class (F, F-I, or F-2 which?) 8 CLASS Li uor LI ense ,. :[:::
(Class F is Beer & Wine; Class F-l is Full Privile e; Class F-2 is Auction -".--.,,-.-.
DESIGNATION OF APPLICANT (which?): License for "AI Jardine in Concert
R.I. Non-Business Corp. OR Religious Org. OR Political Org. OR Caterer?
STATEMENT OF PURPOSE: _
STATEMENT OF DISTRIBUTION OF PROFITS (if requested without fee) _
The International Tennis Hall of Fame is a 501 (e) 3 non-profit educational organization.
TDX' "nrST TTE' T
of Fame
Colleen Hopkins, Director /Of Special Events
PRINT APPLICANT NAMEfTITLE
Date(s) of Event:/ September 18, 2011
Times(a.m. & p.m')1
Doors open 4:30pm; Concert 5:30pm - 7prn
1======================\
Al Jardine in Concert to Benefit the International Tennis Hall
Location of Event: International Tennis Hall of Fame, 194 Bellevue Ave, Newport, RI 02840
Organization/Corporate Name International Tennis Hall of Fame Incorporated
D/B/A NAME:
BUSINESS ADDRESS: 1194 Bellevue Avenue, Newport, RI 02840
BUSINESS PHONE: I(401) 849-3990 IALTERNATE PHONE: I (401) 639-9639
NOTE: Alcoholic Beverages Must Be Purchased from a Rhode Island Wholesaler Licensee, except
Caterers, who ust purchase alcoholic beverages from a Rhode Island Class A Package Store.
APPLICANT: __
SIGNATURE
o INITIALLING HERE INDICAT1?l<"U1?CEIPT OF APPLICATION FOR MINOR BOOK.
FILING FEE $15.00 DATE PAID +j -
-;T"-'-"--'-'-'-'t-"'""=-
LICENSE FEE DAILY (F =$15 -:$3 -2= $35)
TOTAL LICENSE FEE (for # 0 ' ays) IS $_-,,3,-,'J"'-._-_DATE PAID
ISSUED BY DATE ISSUED _
ACTION BY COUNCIL ACTION DATE _
;\pp03 Liqllorl)aily [.i.::cnsc