Newport City Council Docket 11/09/11

CITY OF NEWPORT
DOCKET OF THE COUNCIL MEETING

NOVEMBER 9,2011
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
November 9,2011, 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. 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 ofthe Oct. 12 and 26, 2011, Council Meetings
b. Special Event Licenses:
1) Christmas in Newport, Inc., d/b/a Christmas in Newport;
December 1- 31, 2011, at various locations (calendar attached)
2) Cluny School Parents Club, d/b/a Sisters ofSt. Joseph of Cluny
School Wreath Sale; 438 Thames St., December 2,2011, from 3:00
p.m. to 5:00 p.m.; December 3 and 4,2011, from 10:00 a.m. to 2:00
p.m.
It is the practice ofthe Council to meet at 6:20 p.m. in the second-floor Conference Room to discuss docket items. The
public is invited to attend. The docket, along with all supporting documents, can be viewed on the City ofNewport
website: www.cityofnewport.com "Current Newport City News & Announcements" - Click on "MORE NEWS."
Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. A DVD of the
Council Meeting will be available at the NewpOlt Public Library within 48 hours of the meeting.
LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT 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
November 9, 2011
Page 2
3) St. Augustin Church, d/b/a St. Augustin Christmas Bazaar; St.
Augustin Church, 2 Eastnor Rd., December 3, 2011, from 10:00
a.m. to 3:00 p.m.
4) Martha T. Cummings, President, Universal Promise, d/b/a Dinner
and Music Fundraiser; Thames Street Kitchen, 677 Thames St.,
December 4,2011, from 6:30 p.m. to 11 :30 p.m.
5) Women's & Infants Hospital, d/b/a 28
th
Christmas Run /Walk;
December 11,2011, from 7:00 a.m. to 12 Noon, beginning and
ending at Rogers High School (route attached)
6) Emmanuel Church, d/b/a St Petersburg Men's Ensemble;
Emmanuel Church, 42 Dearborn St., December 11,2011, from 7:00
p.m. to 9:30 p.m.
c. Daily Entertainment License, Ancient Order of Hibernians, 2 Wellington
Ave.; November 11,2011, from 6:00 p.m. to 12 Midnight.
d. Holiday Selling License, New, Art ofIreland, LLC, d/b/a Art ofIreland,
22 Franklin St.
e. Pedicab License (Business), Renewal, Andrew Croan, d/b/a Pedi-Power
Pedicabs, Waite's Wharf (6 pedicabs)
f. Pedicab License (Business), Renewal, Newport Pedicab, LLC, Waite's
Wharf (6 pedicabs)
g. Victualing License, Renewal, Bellevue Coffee House, Inc., d/b/a Annie's,
176 Bellevue Ave.
h. Resignation of Gregory P. Yalanis from the Zoning Board of Review
(Receive with regret)
1. Communication from Hank Kniskern, Chair, Waterfront Commission, re:
Recommendation for improvements to the stone pier dinghy docks-
inclusion in the 2012-13 City Budget (Receive and refer to city
administration)
November 9, 201 I
Page 3
J. Communication from Trudy Coxe, CEO & Exec. Director, The
Preservation Society of Newport, County, in support ofthe Newport
Restoration Foundation's new plan for Queen Anne Square. (Receive)
k. Communication from Lawrence Cutler, President/CEO, National Museum
of American Illustration, opposing the NRF plan for Queen Anne Square
(Receive)
1. CRMC Notice of intent to change management plans, policies, procedures
and regulations. (Receive)
m. Claim ofNeyda Dejesus, by attorney (Receive and refer to City Solicitor)
LICENSES & PERMITS
2. Application of Farahnaz Shobeiri, d/b/a Genie's Hookah Lounge and Traditional
Middle Eastern Tea House, to expand her Annual Entertainment License
(currently limited to background music) to include traditional Middle Eastern
band, belly dancers, poetry readings, movies and dancing. (First Hearing)
3. Application for a Victualing License, New, Amanda M. Bryan, d/b/a The
Newport Sweet Shoppe, 82 William St.
COMMUNICATIONS & PETITIONS
4. Communication from Sidney Long asking to address the Council regarding the
Newport Restoration Foundation's proposal for Queen Anne Square.
APPOINTMENTS TO BOARDS AND COMMISSION
5. Zoning Board of Review (1 vacancy):
Appointment ofLyn Ceglie from Alternate to full member
Reappointment of Board of Review Chair
RESOLUTIONS
6. In support of Comprehensive Statewide Pension Reform - J. McLaughlin, H.
Winthrop, K. Leonard, J. Napolitano, N. Neville, C. Duncan
November 9, 2011
Page 4
7. Welcoming Spring with Daffodils - C. Duncan, S. Waluk, N. Neville, 1.
Napolitano, J. McLaughlin, K. Leonard, H. Winthrop
8. Requesting the City Administration to provide a report to the Council regarding
potential uses of future excessed elementary school properties - J. Napolitano,
H. Winthrop, C. Duncan, K. Leonard, N. Neville
COMMUNICATIONS FROMTHE CITY MANAGER
9. Communication #4916/11, re: Aquidneck Island Land Trust Conservation
Easements - Coggeshall School (2 parcels) and Bailey's Brook Land Parcel
(with accompanying resolution; continued from Oct. 26, 2011)
-- Memorandum from the City Manager, re: Proposed Easements
10. Communication #4917/11, re: Utility Line Installation - Pell School Project
(continued from Oct. 26, 2011)
11. Communication #4918/11, re: Bid Award for Parking Meter Management and
Parking Meter Rate Change (with accompanying resolution and ordinance)
12. Communication #4919/11, re: Financing for Water Treatment Plant
Improvements (with accompanying resolution and ordinance)
13. Communication #4920/11, re: Bid Award for Water Division Valve Box
Maintenance Trailer (with accompanying resolution)
14. Communication #4921/11, re: RIDEM Recreation Acquisition and
Development Grant Application (with accompanying resolution)
15. Communication #4922/11, re: Ocean Avenue Seawall Construction Inspection
Services Contract Change Order (with accompanying resolution)
16. Communication #4923/45, re: Bid Award for Rental and Cleaning of Portable
Restrooms (with accompanying resolution)
16. Memorandum from the City Manager, re: Summary of Current PUC Rate Filing
ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE
COMMISSIONERS
November 9, 2011
PageS
BOARD OF LICENSE COMMISSIONERS
1. Annual Liquor License Renewals: (Hearing)
a) Class BV:
1) A&O, Inc., d/b/a Asterisk, 599 Thames S1.
2) Colonial Tavern, Inc., d/b/a Colonial Tavern, 18 Broadway
b) Class D:
1) Friendly Sons of Newport Social Club, 3 Farewell S1.
2. Application ofN.T. Corporation, d/b/a The Black Pearl, Bannister's Wharf,
holder of a Class BV alcoholic beverage license to transfer 98.7 % of its stock
to David D. Cullen, Keith B. Cullen, Matthew C. Cullen, and Tyler B. Cullen
(24.78% each) (Hearing)
3. Application of Forty 1
0
North, LLC, d/b/a 41 0 North, 351 Thames Street,
holder of a Class BT alcoholic beverage license, through its sole member, 802
Partners, LLC, to transfer 97% ofthe membership interest in 802 Partners,
LLC, to Dorrance H. Hamilton, and 3% of the membership interest in 802
Partners, LLC, to JGEM, LLC, whose sole members are Peter M. Borden and
George W. Moore. (Hearing)
4. Application of Forty 1
0
North, LLC, d/b/a 41 0 North, 351 Thames Street,
holder of a Class BH alcoholic beverage license, through its sole member, 802
Partners, LLC, to transfer 97% of the membership interest in 802 Partners,
LLC, to Dorrance H. Hamilton, and 3% of the membership interest in 802
Partners, LLC, to JGEM, LLC, whose sole members are Peter M. Borden and
George W. Moore. (Hearing)
ADJOURN
Kathleen M. Silvia
City Clerk
November 2,2011
CITY OF NEWPORT
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 12, 2011
The following items of business, flied with the City Clerk under the Rules ofthe Council, came
before the Council at its regular meeting held on October 12, 2011.
The Mayor called the meeting to order at 6:30 p.m.
The City Clerk called the roll and the following members were present:
CHARLES Y. DUNCAN
KATHRYN E. LEONARD
JUSTIN S. MC LAUGHLIN
JEANNEMARIE NAPOLITANO
CITIZEN'S FORUM:
NAOMI NEVILLE
STEPHEN C. WALUK
HENRY F. WINTHROP
Hilary Stookey, 179 Coggeshall Ave., said she was speaking on behalf ofvisitors to Newport who
have frequented Queen Anne Square over the last two years and, who, after having been advised of
.the proposed changes to the park, object to the plans, especially the removal of the. trees currently in
the park.
1.'1 .. PUBLIC HEAiUNG: Transportation Improvement Program
;
Communication #4909/11, re: 2013-2016 T1'ansportation Improvement Program
COUNCILOR MC LAUGHLIN moved a Memorandum from the Director of Planning be received
and the request amended to add the Dinner Train Shuttle as #7 on the City's list ofpriority projects.
Seconded by COUNCILOR WINTHROP.
PAIGE BRONK, Director of Planning, said he had received notice that the RI Dept. of Transportation
and Statewide Planning Council had forgotten to include $500,000 for the Dinner Train Shuttle when
they developed the list. He said the money would be used to repair the rail lines that are in poor
. condition and a small amount would be used for the actual shuttle service. He said he believed the
dinner train company had acquired one or two engines to use for the shuttle. MAYOR WALUK
asked ifadding the dinner shuttle as the seventh priority would degrade the first six items which are
City priorities. DIRECTOR BRONK responded that that was a possibility because the State will
ultimately make the decision regarding the projects to be funded.
MAYOR WALUK, citing City projects that have been under consideration for several year, including
Broadway paving and Thames St. Streetscape Improvements, moved that the motion to include the
Dimler Train Shuttle be withdrawn. Seconded by COUNCILOR LEONARD.
COUNCILOR NAPOLITANO asked what effect withdrawing the shuttle would have on the City's
priorities; DIRECTOR BRONK responded that ifit is not included it would not be considered with
the City's projects. He noted that the Dinner Train Shuttle does iuclude some State assets and the
addition was requested by the State.
HELD OCTOBER 12,2011
Page 2
CITY MANAGER EDWARD LAVALLEE commented that although the State endorses the Ditmer
Train Shuttle, it does not have to be included on the City's list.
The motion to withdraw inclusion of the Dinner Train Shuttle'was VOTED UNANIMOUSLY.
MARGARET KIRSHNER said she wondered if the shuttle had anything to do with the transportation
plan for Aquidneck Island and suggested Middletown be notified to include it on their list.
GUY WESTON of 19 Elm St., which he said was one propelty away from the railroad tracks, said
there had been major problems with the dinner train in the past, and it was his understanding that
some of the TIP funding was to be used to build a larger ticket booth, to which he and other residents
object.
BETH MILHAM, 108 Champlin Place North, said the shuttle could be a strategy to bring people to
Newport while leaving their cars outside of Newport..
MR. WESTON said that the dinner train ran a shuttle three years ago and the engines used were very
loud and billowed diesel fuel, more so than what would be in the air from cars.
MAYOR WALUK moved the hearing be closed. Seconded by COUNCILOR MC LAUGHLIN and
VOTED UNANIMOUSLY.
MAYOR WALUK moved the communication be received and the accompanying resolution listing
the City's sill: priorities be adopted. Seconded by COUNCILOR WINTHROP and VOTED
UNANIMOUSLY.
COUNCILOR MC LAUGHLIN moved the Consent Calendar be amended to add #b-6. Seconded by
COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.
2. CONSENT CALENDAR. (THB CONSBNTCALBNDARIS APPROVED IN ITS ENTIl\BTY UNLESS TIlBCOUNCIL
REMOVES AN ITEM FOR DISCUSSION. ALL LICENSBS ARE ORANTIlDSUBJECTTO COMPLlANCB WITH ORDINANCES #) I
80 AND #98-40.)
a. Minutes ofthe Sept. 14, 2011, Council Meeting
1) Rogers High School Music, Art & Theater Dept., d/b/a Haunted House; Rogers
High School, Wickham Road, October IS, 2011, from 5:00 p.m. to 10:00 p.m.
2) Sail Newport, Inc., d/b/a Sail Newport Presents/Fundraiser; Jane Pickens
Theater, 19 Touro St., October 18,2011, from 6:00 p.m. to 10:00 p.m.
3) Washington Square Roots Committee, d/b/a Halloween Parade; Eisenhower
Parkand Washington Square (sidewalks), October 31,2011, from 5:00 p.m. to
7:00p.m.
4) Child & Family Services ofNewport County, d/b/a Taste of
NewportlFundmiser; Hyatt Regency, Goat Island, November 13. 2011, from
5:00 p.m. to 11:00 p.m.
5) REMOVED: Ocean State Tall Ships Festival 2012; various locations
6) Big Brothers Big Sisters of The Ocean State, d/b/a The Big Toast, Belcourt
Castle,O(ct. 15,2011, from 1:00 p.m. to 6:00 p.m.
Page 3
c. Annual Catering License, Blue Rocks Catering, LLC, 7 Carroll Ave.
d. Holiday Selling License, New, Thomas Martin, d/b/a JJ's Audio & Electronics, 188
Connell Highway.
e. Pedicab Business License (4 Pedicabs), Renewal, David Cass, Pirate Pedicab,32
Kenyon St., Providence, RI
f. REMOVED: Semi-Annual Report of the Ad Hoc Committee on Wastewater and
Stormwater System Improvements (Receive)
g. Newport and Bristol County Convention and Visitors Bureau's Independent
Auditors' Report for the year ending March 31, 2011 (Receive)
h. REMOVED: Newport Housing Authority 2011 Annual Report (Receive)
I. Communication from the Town of Richmond, RI, re: Opposing the implementation of
paid tolls on Interstate Route 95 between the Towns of Richmond and Hopkinton.
(Receive)
j. Claim of Nancy H. White (Receive and refer to City Solicitor)
COUNCILOR MC LAUGHLIN moved the Consent Calendar, with the exception of Items #b-5, f and
h, be adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
b-5) Ocean State Tall Ships Festival 2012; various locations along the waterfront -- private
properties, as well as Perrotti Park, the State Pier, and Washington St., July 5-9, 2012.
RICK MC AULIFFE, President, and ERIN DONOVAN, Exec. Director, of Ocean State Tall Ships
Festival 2012 came forward to respond to questions.
COUNCILORNAPOLITANO said she was confused on the fees to be charged and asked if would be
for parking and shuttle or admissions onto the ships. MS. DONOVAN responded that would be a day
pass for admissions to the ships; however, the fees are not yet finalized.
COUNCILOR LEONARD noted that the last pier off of southern Thames St. at which a tall ship
would be docked, is at the International Yacht Restoration School (IYRS). MR. MC AULIFFE
responded that those piers have been designated for the large ships; however, as the committee
negotiates to bring in other vessels they will also negotiate for piers farther south. COUNCILOR
LEONARD responded that she hoped there would be more vessels located at piers farther down
Thames Street to bring foot traffic to those businesses. MR. MC AULIFFE said the committee is
endeavoring to raise $1.2 million and to get as many vessels as possible, which should result in a $20
million stimulus over their four-day visit. He noted that City Manager Edward Lavallee is actively
working with the committee and being kept informed as the plans progress.
COUNCILOR LEONARD cited the traffic control efforts a few years back during the US Women's
Open golf tournament, which she said was a well-organized machine and kept people moving with no
traffic jams.
MAYOR WALUK moved the Special Event License be approved. Seconded by COUNCILOR
WINTHROP and VOTED UNANIMOUSLY.
Page 4
k. REMOVED: Semi-Annual Report of the Ad Hoc Committee on Wastewater and
Stormwater System-Improvements (Receive)
COUNCILOR LEONARD commented on the many items addressed in this comprehensive report and
the Committee's recommendations should be reviewed. She then moved the report be received.
Seconded by COUNCILOR NAPOLITANO.
COUNCILOR DUCAN said the Ad Hoc Committee and those serving on the Newport Housing
Authority should be thanked for all their work.
The motion to receive the report was VOTED UNANIMOUSLY.
I. REMOVED: Newport Housing Authority 2011 Annual Report (Receive)
COUNCILOR NAPOLITANO moved the Report be received. Seconded by COUNCILOR MC
LAUGHLIN.
COUNCILOR NAPOLITANO cited an article in the Providence Sunday Journal on the rehabilitation
of the City's north end and congratulated the Housing Authority on the work that they've done and
will do in the future.
The motion to receive the Report was VOTED UNANIMOUSLY.
LICENSES & PERMITS
3. Application for a Special Event License, ISES Rhode Island for a Halloween Bash/Fundraiser
; "SeaView Terrace," Ruggles Ave & Wetmore St., October 22,2011, from 7:00 p.m. to
Midnight. (Continued from Sept. 28, 201 I)
MAYOR WALUK moved the license be approved. Seconded by COUNCILOR MC LAUGHLJN.
The motion to approve was UNANIMOUSLY DENIED.
4. Application for a Special Event License, Newport Community School, d/b/a 10
th
Anniversary
Celebration! Fundraiser; Easton's Beach Rotunda, 175 Memorial Blvd., Nov. 4, 2011, froni
6:00 p.m. to 10:00 p.m.
Communication from Tracy L. Shea, Exec. Director, Newport -- Community School,
requesting a 50% reduction in the Rotunda rental fee.
MAYOR WALUK asked if anyone were present on behalf ofthe Community School. (No one
responded.)
MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO and
VOTED UNANIMOUSLY.
5. Application for an Annual Victualing License, Michael A. Wells, d/b/a Cafe Bellevue II, I I I
Bellevue Ave. (New Owner)
PageS
MAYOR WALUK moved the license be approved. Seconded by COUNCILOR WINTHROP and
VOTED UNANIMOUSLY.
6. Application for a Sidewalk Cafe License, 2paddysandacanuck, LLC, d/b/a The Fifth Element,
107-111 Broadway.
MAYOR WALUK moved the application be continued to October 26, 2011. Seconded by
COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
7. Annual Victualing License Renewals, 2011-2012
MAYOR WALUK moved the license renewals be approved, with the exception ofthat for 41
Degrees North. Seconded by COUNCILOR NAPOLITANO
EVAN LEVISS, ESQ, on behalf of J Boats Management, objected to the renewal of the victualing
license, as well as the liquor license, of The Pier Restaurant because oftheir use of a right-of-way,
which he said had not been approved by the Coastal Resources Management Council.
MAYOR WALUK responded that he did not see a need for the Council at this time to hear a full
presentation on Attorney Leviss' objections as he had given a full presentation last year. He said it
would appear that Attorney Leviss should file an appeal with either the CRMC or in Superior Court.
ATTORNEY LEVISS responded that J Class Management abuts the outdoor area being used by The
Pier Restaurant and a condition the City Council imposed on granting that use was that the CRMC
approve their use ofthe right-of-way, and that requirement has not been satisfied.
CITY SOLICITOR JOSEPH J. NICHOLSON, JR., said a show cause hearing on Attorney Leviss'
allegations could not be held because the licensee was not present at the meeting. He said ifMr.
Leviss wishes he could put his complaint in writing and forward it to the Solicitor's office for review.
Themotion to approve the license renewals was VOTED UNANIMOUSLY.
Application of 41 Degrees North to renew its Victualing License.
COUNCILOR LEONARD recused herself.
MAYOR WALUK moved the renewal be approved. Seconded by COUNCILOR WINTHROP and
VOTED UNANIMOUSLY (6-0).
APPOINTMENTS TO BOARDS AND COMMISSION
MAYOR WALUK moved Jimmy Winters be reappointed to tHe NEWPORT FILM
COMMISSION. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
RESOLUTIONS
9. Urging the RI General Assembly to enact comprehensive "Extended Producer Responsibility"
(EPR) Legislation to require producers to accept responsibility for end-of-life management of
Page 6
their products and bear the costs of recycling and responsible disposal - J. McLaughlin, N.
Neville, J. Napolitano, O. Duncan
Communication from the Newport Energy & Environment Commission
in support of EPR Legislation
COUNCILOR MC LAUGHLIN introduced the resolution and moved for its adoption. Seconded by
COUNCILOR NAPOLITANO.
COUNCILOR NEVILLE pointed out that the EPR Legislation would specifically address the
problem of discarded mattresses and needles and is a step in the right direction.
COUNCILOR LEONARD said that she totally believes in recycling; however, she did not have
enough information to understand the impact the EPR Legislation would have on businesses and
consumers.
COUNCILOR MC LAUGHLIN pointed out that the resolution had been requested by Clean Water
Action and was supported by the City's Public Services Director and Clean City Program .
Coordinator.
ELLIE LEONARDSMITH of Clean Water Action said the proposed legislation would benefit the
public health and environment, as well as Rhode Island communities, taxpayers, and Resource
Recovery. She pointed out that when delivering new mattresses many businesses will take the old,
and the manufacturers of them can better deal with their disposal. She cited progress made in the
State of Oregon, which actually resulted in the creation ofjobs, and noted that only certain products
are being targeted in the EPR Legislation.
COUNCILOR NAPOLITANO moved information submitted by MS. LEONARDSMITH be
received. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
BETH MILHAM, Chair, Newport Energy & Environment Commission, said the time has come for
producers to be responsible for the disposal oftheir products, and pointed out that the legislation
would also include the formation of a stakeholders group.
COUNCILOR NAPOLITANO congratulated those involved in promoting the legislation and noted
that the State landfill will eventually be full and unable to accept more waste. COUNCILOR MC
LAUGHLIN noted that with the adoption ofthe resolution the City would be embracing the concept
and would be urging the RI General Assembly to develop the appropriate legislation.
VOTE ON THE MOTION TO ADOPT:
In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLIN,
NAPOLITANO, NEVILLE and WINTHROP.
Opposed - COUNCILOR LEONARD
10. Recognizing Local Businesses and Organizations for their assistance during the Hurricane
Irene Threat - S. Waluk
Page 7
MAYOR WALUK introduced the resolution and moved for its adoption. Seconded by COUNCILOR
MC LAUGHLIN and VOTED UNANIMOUSLY.
ORDINANCES
II. Amending Chapter 12.08 ofthe Codified Ordinances, entitled, "Excavations and Curb Cuts",
Section 12.08.0709 ("Responsibilities of Permit Holders"), to prohibit the use ofconcrete
curbing on any public street 01' right of way. (Requested by Councilor Neville with support of
Public Services Director)
COUNCILOR NEVILLE introduced the ordinance and moved for its adoption. Seconded by
COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
COMMUNICATIONS FROMTHE CITYMANAGER
12. Communication #4910/11, re: RI Department ofTransPOltation Grant Agreement-Existing
Ann Street Pier
COUNCILOR LEONARD recused herself.
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY. (6-0)
13. Communication #4911/11, re: Implementation of Residential (Sticker) Parking -- Equality
Park West .
ordinance adopted on first reading. Seconded by COUNCILOR NAPOLITANO.
COUNCILOR MC LAUGHLIN noted that there are no houses on the east side ofEquality Park West
and moved that the ordinance be amended to provide for resident parking only on the west side oft h ~
street. Seconded by COUNCILOR DUNCANand VOTED UNANIMOUSLY.
The ordinance, as amended, was UNANIMOUSLY ADOPTED on first reading.
14. Communication #4912/1 I, re: 2009 Assistance to Firefighters Grant, 800 MHz Radio
Equipment .
resolution adopted. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
7:22 P.M. ADJOURNED AS COUNCIL AND CONVENED AS BOARD OF LICENSE
COMMISSIONERS
Page 8
COMfy:IISSIONERMC LAUGHLIN moved Item (c) be added to the Consent Calendar. Seconded by
COMMISSIONERNEVILLE and VOTED UNANIMOUSLY.
1. CONSENT CALENDAR. (THBCONSBNT CALBNDAR IS APPROVBD IN ITSBN:rIRBTY LlNLESS THB COLlNCIL
RBMOVBS AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTBD SUBJECTTO COMPLIANCE WITH ORDINANCES #31-
80 AND #9840.)
a) Class F Daily Liquor License, NewpOlt Tree Society, d/b/a Saplings and Spirits
(Fundraiser); SeaView, Ruggles Ave. & Wetmore St., October 13,2011, from 5:30
p.m. to 7:30 p.m. .. .
. b) Class F-l Daily Liquor License, Sail Newport, Inc., d/b/a Sail Newport Presents...
(Fundraiser); Jane Pickens Theater, 19 Touro St., Octoberl8, 2011, from 6:00 p.m. to
9:00p.m.
c) Class F-l Daily Liquor License, Big Brothers Big Sisters of The Ocean State, d/b/a
The Big Toast; Belcourt Castle, Believue Ave., Oct. 15,2011, from I :00 p.m. to 6:00
p.m.
COMMISSIONER MC LAUGHLIN moved the Consent Calendar be adopted. Seconded by
COMMISSIONERNAPOLITANO and VOTED UNANIMOUSLY.
2. Application ofNewport Wine Cellar, LLC, d/b/a Newport Wine Cellar, 24 Bellevue Ave., to
h'ansfer 100% ofits stock to Maria Chiancola (Hearing)S
COMMISSIONERNAPOLITANO moved the hearing be closed. Seconded by COMMISSIONER
MC LAUGHLIN and VOTED UNANIMOUSLY.
CHAIRMAN WALUK moved the stock transfer be approved. Seconded by COMMISSIONER
NEVILLE and VOTED UNANIMOUSLY.
3. Application of 2paddysandacanuck, LLC, d/b/a The Fifth Element, 107-111 Broadway, to
transfer 33-113% of its stock to Bradley Cherevaty and Frank Doyle (each becoming 50%
stockholders). (Hearing)
COMMISSIONERNAPOLITANO moved the hearing be closed. Seconded by COMMISSIONER
CHAIRMAN WALUK moved the stock transfer be approved. Seconded by COMMISSIONER
WINTHROP and VOTED. UNANIMOUSLY.
4. Application of2paddysandacanuck, LLC, d/b/a The Fifth Element, 107-111 Broadway, to
expand its Class BV alcoholic beverage license to a 6'6" x 60' sidewalk cafe. (Hearing)
CHAIRMAN WALUK moved the application be continued to October 26, 2011. Seconded by
COMMISSIONER WINTHROP and VOTED UNANIMOUSLY.
HELD OCTOBER 12 2011
. ,
Page 9
5. Annual Liquor License Renewals, 2011-2012 (listed at the end ofthe docket) (Hearing)
CHAIRMAN WALUK moved the hearing be closed. Seconded by COMMISSIONER
NAPOLITANO and VOTED UNANIMOUSLY.
CHAIRMAN WALUK moved the license renewals, with the exception of the Class BT and BH for
41 Degrees'North, be approved. Seconded by COMMISSIONERNAPOLITANO and VOTED
UNANIMOUSLY.
41 Degrees North, Class BT and BH Liquor License Renewals
COMMISSIONER LEONARD recused herself.
CHAIRMAN WALUK moved the license renewals be approved. Seconded by COMMISSIONER
WINTHROP and VOTED UNANIMOUSLY. (6-0)
7:25 P.M. ADJOURNED
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
HELD OCTOBER26,2011
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 October 26, 20I I.
The Mayor called the meeting to order at 6:30 p.m.
The City Clerk called the roll and the following members were present:
CHARLES Y. DUNCAN
KATHRYN E. LEONARD
JEANNE-MARIE NAPOLITANO
CITIZEN'S FORUM:
NAOMI NEVILLE
STEPHEN C. WALUK, MAYOR
HENRY F. WINTHROP
TRACY SHEA, Executive Director, Newport Community School, said the Community School is
celebrating its ten-year anniversary, and recently received the RI After-school Plus Alliance Award
for their exemplary programs. She said the Community School has been providing enrichment and
academic programs for ten years at Thompson Middle School, an academic program at Rogers High
School, and a mentoring program for special needs students. She also noted that the Aquidneck .
Island Adult Learning Center recently moved to the Kennedy School Annex in Middletown and
annually has more than 700 adult learners.
KERRY CLOUGHER, 9 Cowsill Lane, said she supported a new school at the Dexter Street site, but
believed the process had been closed and rushed. She said that because the bids had come in $4
million over budget, there was nowan opportunity for an open process and dialogue. She said a
decision should not be made within a week as to what would be eliminated in the current school plan
to bring it to within budget, but rather there should be a series of public workshops to review any new
plans.
I. 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 1-
80 AND #98-40.)
a. Minutes of the Sept. 28, 2011, Council Meeting
1) Emmanuel Church, d/b/a Holiday Fair; Emmanuel Church, 42 Dearborn St.:
November 18,2011, from 5:00 p.m. to 8:00 p.m., and November 19, 2011,
from 9:00 a.m. to 3:00 p.m.
2) Island Moving Company, d/b/a Newport Nutcracker at Rosecliff; Rosecliff,
548 Bellevue Ave.: Nov. 25, 2011, at 4:00 p.m. and 8:00
p.m.; Nov. 26, 2011, at 2:00 p.m. and 7:00 p.m.; Nov. 27, 2011, at 2:00 p.m.
and 6:00 p.m.; Nov. 29, 30, Dec. I and 2, 2011, at 4:00 p.m. and 8:00 p.m.
c. Removed: Communication from Andrew Segal and Karen Weber
d. REMOVED: Communication from Elizabeth Meyer
e. REMOVED: Communication from Gigi Tollefson
f. REMOVED: Communications from G. Brian Sullivan, Ph.D
Page 2
g. Claims: (Receive and refer to City Solicitor)
1) Jane L. Iandolo, by attorney
2) Geico Indemnity, a/s/o Susan Taylor, by attorney
3) Alex Fraioli
COUNCILOR MC LAUGHLIN moved the Consent Calendar, with the exception of items c, d, e and
f, be adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
c. Communication from Andrew Segal and Karen Weber, 24 Mill St., re: inappropriateness
of the Lin plan for Queen Anne Square. (Receive)
ANDREW SEGAL read from a prepared statement his concerns regarding the proposal and said the
model on display at the Newport Public library could result in a good park if the ghost foundations,
structures and the proposed chinmey were removed. He questioned the sufficiency of the endowment
for the park's long-term maintenance. He also noted the possibility of disturbing contaminated soil
from long ago businesses at the site if the proposed ghost foundations are installed.
d. Communication from Elizabeth Meyer, re: Alternative sites for Maya Lin's sculptures for
Queen Anne Square. (Receive)
ELIZABETH MEYER, 28 Church St., said that prior to the proposal from the Newport Restoration
Foundation no one had complained about Queen Anne Square nor said that it had to be "fixed." She
said the park is probably the most used in the City as it is always filled with people. She said she
would agree that the trees and shrubs need attention but there are people who would be willing to do
the work and/or provide finances for a professional to do it. She also said there should be a full DEM
investigation ofthe ground before there is any digging.
e. Communication from Gigi Tollefson, 711 Aquidneck Ave., Middletown, RI, re:
preserving Queen Anne Square, as created, and suggested formation of "Friends of
Queen Anne Square." (Receive)
GIGI TOLLEFSON commented on the issues raised in her letter and said there should be a Queen
Anne Park Commission that could be modeled after the Miantonomi Park Commission.
f. Communications from G. Brian Sullivan, Ph.D., 76 Broadway, re: 1976 gift of Queen
Anne Square to the people of Newport, and requesting assistance in obtaining a copy of
the Lin plans, drawing or blue prints for Queen Anne Square. (Receive)
G. BRIAN SULLIVAN said he believed the plaque set in the bricks in the park on July 10, 1976, and
dedicated by Queen Elizabeth II, should be considered a legal document that attests to the property
rights of the citizens.
COUNCILOR MC LAUGHLIN moved communications c, d, e and fbe received. Seconded by
Page 3
LICENSES & PERMITS
2. Application for a Sidewalk Cafe License,2paddysandacanuck, LLC, d/b/a The Fifth Element,
107-111 Broadway (Continued from October 12, 2011)
VOTED UNANIMOUSLY.
3. Application for a Second-hand License, New, Pebble Drive Interiors, LLC, d/b/a Pebble Drive
Interiors, 225 Spring St. (Hearing)
MAYOR WALUK moved the hearing be closed and the license approved. Seconded by
4. Application for a Victualing License, New, Lessings, Inc., d/b/a Lessings Food Service
Management, CCRI Campus, 1 John H. Chafee Blvd.
VOTED UNANIMOUSLY.
5. 2011-2012 Victualing License Renewals:
a) Vivienne O'Dwyer, d/b/a People's Cafe, 282 Thames St.
b) George Barson, d/b/a Pick Pockets of Newport, 190A Thames St.
c) Sapo Freaky Burrito, d/b/a Sapo Freaky Burrito, 16 Broadway
MAYOR WALUK moved the license renewals be approved. Seconded by COUNCILOR
NAPOLITANO and VOTED UNANIMOUSLY.
6. APPOINTMENTS TO BOARDS AND COMMISSION
MAYOR WALUK moved Councilor Justin McLaughlin be appointed the City Council Liaison to
Newport Film Commission. Seconded by COUNCILOR NAPOLITANO and VOTED
UNANIMOUSLY.
MAYOR WALUK moved Susan McCoy be appointed to the Beach Commission. Seconded by
COUNCILOR NAPOLITANO and VOTED UNANIMOU8LY.
MAYOR WALUK moved Richard Barker be appointed to the Waterfront Commission. Seconded
by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
ORDINANCES
7. Amending Chapter 10.32.110 of the Codified Ordinances, entitled, "Designated Residential
Parking Streets," Paragraph A (6:00 p.m. to 6:00 a.m.) to add the west side of Equality Park
West.
Page 4
COUNCILOR MC LAUGHLIN moved the ordinance be adopted on second reading. Seconded by
8. Amending Chapter 12.08 of the Codified Ordinances, entitled, "Excavations and Curb Cuts",
Section 12.08.070 ("Responsibilities of Permit Holders"), to prohibit the use of concrete
curbing on any public street or right of way.
COUNCILOR NEVILLE moved the ordinance be adopted on second reading. Seconded by
COUNCILOR LEONARD and VOTED UNANIMOUSLY.
COMMUNICATIONS FROM THE CITY MANAGER
9. Memorandum from the City Manager, re: Newport Harbor Center (Armory)
Report
Status
MAYOR WALUK moved the memorandum be received. Seconded by COUNCILOR WINTHROP.
COUNCILOR LEONARD said she was addressing only the Armory building and not whether or not
the project was good or bad. She said too many unanswered financial to which she would like
responses: (I) ADA -- what is needed to make the entire building compliant and the cost? (2) South
side egress problem with abutter, how will it be resolved and the cost? (3) Structural Assessment -
will it be for the entire building? What are the elements and what will be costs to make the entire
building functional for the public? (4) What are the sprinkler requirements for the entire building and
the cost? (5) What will asbestos remediation cost? (6) What are the Code requirements for the
building and the costs to bring the entire building up to Code? (7) What will be the cost for correcting
combined storm and sanitary drains? (8) What is the cost for new pole on east side of Ann St. and
routing underground electrical service? (9) What are the costs for gutters, electrical work, heating
systems, and internet access? She said the public has the right to know, and the Council has the
responsibility to provide them with the information and not rush into the project because ofthe
availability of Federal and State funds.
COUNCILOR MC LAUGHLIN responded that a meeting ofthe Council-appointed Harbor
Center Working Group should be scheduled as soon as possible with the City Planner, who was not
present, so that he could address the questions raised in his report which was attached to the City
Manager's memorandum.
The motion to receive the memorandum was VOTED UNANIMOUSLY.
10. Memorandum from the City Manager, re: Open Space Policy
MAYOR WALUK moved the memorandum be received. Seconded by COUNCILOR WINTHROP
and VOTED UNANIMOUSLY.
II. Communication #4913/11, re: RI Department of Health Memorandum of Understanding -
Water Treatment Plant Improvements
PageS
resolution adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
12. Communication #4914/11, re: Bid Award for Janitorial & Cleaning Services
resolution adopted. Seconded by COUNCILOR NAPOLITANO.
COUNCILOR LEONARD noted that in the past the lessee of the Armory was required to maintain
the restrooms, which are now included in this bid, and asked how much the City receives in rent and
how much lessee takes in from the various vendors. CITY MANAGER LAVALLEE responded that
the lessee, the Rose Island Lighthouse Foundation, pays the utility costs plus $4,000 a month during
the six-month tourist season and $2,000 per month for the remaining six months. He said they
operate on a month to month basis because it is unknown how long that location will be available to
them. MAYOR WALUK reiterated that the Council would like to know how much the Foundation
receives from the antique dealers located in the building.
The motion to receive the communication and adopt the resolution was VOTED UNANIMOUSLY,
13. Communication #4915/11, re: Statewide Planning 2011 Planning Challenge Grant
Application
resolution adopted. Seconded by COUNCILOR WINTHROP.
VOTE: In favor - MAYOR WALUK; COUNCILORS DUNCAN, LEONARD, NAPOLITANO,
NEVILLE and WINTHROP.
Opposed - COUNCILOR MCLAUGHLIN.
14. Communication #4916/11, re: Aquidneck Island Land Trust Conservation Easements-
Coggeshall School (2 parcels) and Bailey's Brook Land Parcel
COUNCILOR NAPOLITANO moved the communication be continued to the November 9
th
meeting
and, in the interim, the Council meet in executive session to discuss the proposal. Seconded by
IS. Communication #4917/11, re: Utility Line Installation - Pell School Project
COUNCILOR MC LAUGHLIN moved the communication be continued to the November 9
th
council
meeting. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
7:01 P.M. RECESSED AS COUNCIL AND CONVENED AS BOARD OF LICENSE
COMMISSIONERS
HELD OCTOBER 26, 20II
Page 6
7:04 P.M. COUNCILOR MC LAUGHLIN moved the Council reconvene and, pursuant to RI
General Laws, Section 42-46-1, as amended, and in accordance with Section 42-46-5,
"Purposes for Which Meeting May be Closed", (a)(5) "Disposition of Publicly-Held
Property," the Council move to Executive Session in the Conference Room to discuss the
disposition of Carey School. Seconded by COUNCILOR WINTHROP and VOTED
UNANIMOUSLY.
P.M. COUNCILOR MC LAUGHLIN moved the Council reconvene in open session, the
Minutes of the executive session be sealed, and the Council adjourn. Seconded by
I. Application of2paddysandacanuck, LLC, d/b/a The Fifth Element, 107-111 Broadway, to
expand its Class BV alcoholic beverage license to a 6'6" x 60' sidewalk cafe. (Hearing;
continued from October 12,2011)
JACK MC VICKER, 32 Gould Street, said the Off-Broadway Association had done a mailing on the
proposed sidewalk cafe and 30 responses were received from people who enthusiastically supported
the proposal.
COMMISSIONER NAPOLOLITANO moved the hearing be closed. Seconded by
COMMISSIONER WINTHROP and VOTED UNANIMOUSLY.
CHAIRMAN WALUK moved the expansion be approved. Seconded by COMMISSISONER
7:04 P.M. COMMISSIONER MC LAUGHLIN moved the Board of License Commissioners
adjourn (and the members reconvene as Council). Seconded by COMMISSIONER
Kathleen M. Silvia
City Clerk
Ii
DATE:
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City of Newport, Rhode Island Ii I ':'
APPLICATION FOR A SPECIAL EVENT Ul,lkMS' 2..(".'1'1.,
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EVENT TITLE/TYPE:
LOCATION OF EVENT:
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Date(s) ofEvent:
Hours of Event:
Holder of Event & DBA:
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Is Organization Non-Profit?
Is there a charge for admission?
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Signature OfHorld_e_r_o_fE_v_e_nrt:.=1
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Printed Name: ,,..rv Title:. v /. , ,
Address of Holder of Event: I ,

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Business Telephone: L_________ Residence Telephone: __
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Organization Religious?
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Is event to be on City, State, or Private Property? L _
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Name of Property Owner ofEvent Site:
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Signature of Property Owner: 1 - ---------------
Printed Name of Property owner:1

Will Event be Indoors or Outdoors?
(Include Plan)
EVENT HOLDER C'rlR/J7I'1JOS /,/ /l/1i:Y,f't!J'R'I
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 PERJ'\1IT MUST BE ATTACHED.
Expected Attendance:'
Seating Capacity: 1'--- _
Is parking available: For how many vehicles?
CONCERT Is staging or platform required? Amplification?
List types of musical instruments:
1 ----
DANCE 1"-. _ DEEJAY
Amplification: I ---J
SPORTING EVENT I
----
Type: 1 _
Set-up Dates (Sporting events only):
PLAY
L-__....JI ' If yes, what type:
CARNIVAL CIRCUS Will there be animals? I__---J
If yes, types of.animals:
Type: I'
SHOW OR EXHIBITION:
~ ~ = ' - - ~ - ' = = = = = = = = = = = = = = = = = = = = = = =
OTHER (describe) IL' _
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?
''---'--
EVENT HOLDER CI'l N ':;7"" ;O!J ,IV 'l.lJi",AI/'tll(7
(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?
Ifso, whose? IL -...,. _
Will there be gambling, e.g., bingo, raffle, etc.? "!__---J
List Names of Vendors
Do you have State Police Approval? 1,--__
Item to be Furnished
For RetailSales - Have you completed a "Promoter's Application For Permit to Operate II Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957) "
FIREWORKS /I}/A
Do you or the pyrotechnic have Newport Fire Marshal approval?
Location from where fireworks will be shot:
I
Time fireworks will begin: 1 _ Duration: IL _
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:
2011 CHRISTMAS IN NEWPORT CALENDAR OF EVENTS
1 DECEMBER - THURSDAY
*Official Opening of Christmas in Newport, 6 p.m., Washington
Sq. Features proclamation from the Mayor, tree lighting,
Newport Artillery cannon salute, live entertainment. Free. 849-
6454. www.christmasinnewport.org
The Newport Historical Society's Holiday Open House, Newport
Colony House, Washington Square, 5-6 p.m. Tour the Colony House
before the Official Opening Ceremony of Christmas in Newport.
Donations welcome. 846-0813 or 841-8770.
Island Moving Company Newport Nutcracker at Rosecliff, 548
Bellevue Ave. Times vary. Be a part of the story as you follow
the dazzling performers through the spectacular setting of
Newport's most romantic mansion. Admission is $30-$75. 847-
4470.
Winter Cheer for Adults, 2 options: 9:30 - 12:30 p.m. or 6-9
p.m., Newport Art Museum Coleman Center for Creative Studies, 26
Liberty st. Create one-of-a-kind holiday gifts with clay. Must
register for 2 sessions (Dec 1 & 8) . Museum members $60, non-
members $70, $10 studio fee. 848-8200 or www.NewportArtMuseum.org
*Winter Cheer for Kids, 4-5:30 p.m., children ages 6-10 yrs can
create one-of-a-kind holiday gifts and ornaments. Newport Art
Museum Coleman Center for Creative Studies, 26 Liberty st. Must
register for the two sessions (Dec. 1 & 8). Museum members $40,
non-members $50. 848-8200 or www.NewportArtMuseum.org
*Reading and Performance of UA Christmas Carol" by actor Robb
Dimmick at the Newport Public Library, 300 Spring st., 7 p.m. in
the Program Room. Free. 847-8720 X103 or plarose@newportlibraryri.org
2 DECEMBER - FRIDAY
Island Moving Company Newport Nutcracker at Rosecliff, 548
Bellevue Ave. Times vary. Be a part of the story as you follow
the dazzling performers through the spectacular setting of
Newport's most romantic mansion. Admission is $30-$75. 847-
4470.
*The Polar Express Train Ride, aboard the Newport Dinner Train,
4 p.m. and 6:30 p.m., departs Newport Station, 19 America's Cup
Ave. Share the magic as the Conductor reads the Chris Van
Allsburg classic tale of a young boy's unforgettable journey to
the North Pole. Visit with Santa and Mrs. Claus, caroling, hot
chocolate and cookies, and a special gift for every child who
truly believes. Reservations required. Adults $32.95, Children
$22.95. 841-8700. www.newportdinnertrain.com
Holiday Arts & Crafts Fair, 5-8 p.m., Newport Art Museum Coleman
Center for Creative Studies, 26 Liberty St. Featuring creative
offerings by Newport Art Museum Coleman Center faculty. Free.
848-8200 or visit www.NewportArtMuseum.org
Holiday Lantern Tours of Historic Newport, departing from the
Brick Market Museum & Shop, 127 Thames st., 4:30 p.m. Discover
the authentic history of Newport holiday traditions on a
lantern-lit stroll through the exquisitely preserved streets of
downtown Newport. Hear how the colonists in Newport did or did
not celebrate the holidays. $12 adults, $10 NHS members &
children. Reservations recommended. Weather Permitting. 841-
8770.
Holiday Critter Glitter Jewelry Sale at Potter League for
Animals - Girls Night Out - Preview Party, 6-8 p.m., 87 Oliphant
Lane, Middletown. Wine and chocolate tasting, door prizes, sale
of jewelry benefits the Potter League. Free admission. 846-
8276.
Judging of the Newport Doorway Contest, deadline is Thursday,
December 15 to enter. JUdging takes place on Friday the 16
th
Register your home or business at 848-6707. Categories are:

Residential, Restaurant, Bed & Breakfast and Commercial.
3 DECEMBER - SATURDAY
11th Annual Lucy's Hearth Designer Wreath Sale, 9-12 p.m.,
Rotunda at Easton's Beach. Christmas wreaths and table top
decorations created by designers, artists, gardeners and
florists from the community. Gourmet sweets bake sale also. All
proceeds go to Lucy's Hearth. 848-7515.
Christmas with the Whitehornes, Samuel Whitehorne House, 10-3
p.m., 416 Thames st. Glimpse the simple Christmas festivities
of the early 1800s in a Federal-style Newport home. Meet the two
Whitehorne daughters and learn about the history of the holiday
and why some less tolerant colonies had outlawed holiday
celebrations. Sample one of Mrs. Whitehorne's desserts and take
away a booklet of authentic colonial recipes. $5 per person,
children under 5 are free. 846-4152. liz@newportrestoration.org
UnDecked Halls: Behind the Scenes at Doris Duke's Mansion in
Winter, 680 Bellevue Ave., 10-3 p.m. (last tour at 2:30) Enjoy
an authentic view inside heiress Doris Duke's Newport mansion in
the winter. Experience the quiet house, decorated staff wing,
hear about Miss Duke's tropical holiday spent in Hawaii, and
learn how Rough Point's winter caretaking traditions have
remained the same for the past half century. The tour is of the
first floor of the house and refreshments are served. Tours
offered every ~ hour. $10 adults, $8 children under 12 yrs.
Tickets sold at the door. 847-8344. liz@newportrestoration.org
Holiday Arts & Crafts Fair, 10-4 p.m., Newport Art Museum
Coleman Center for Creative Studies, 26 Liberty St. Featuring
creative offerings by Newport Art Museum Coleman Center faculty.
Free. 848-8200 or visit www.NewportArtMuseum.org
Boxing Day at the Wanton-Lyman-Hazard House: 1760, 11:30 a.m.,
tour departs from the Museum at the Brick Market, 127 Thames st.
Hear the unique history of this house and learn how 18
th
century
residents made their way through the winter. Admission $15 per
person, $10 for NHS members. Reservations required. 841-8770.
Holiday Open House Weekend at the Potter League, noon - 4 p.m.,
87 Oliphant Lane, Middletown. Fun activities for you and your
dog at the Training Center. Demonstrations, tips and tricks,
refreshments and more. Free. Leashed, well-behaved dogs
welcome. 846-8276.
*Santa's Workshop, noon-3p.m., Easton's Beach Carousel &
Rotunda. Fun afternoon for families to enjoy crafts, ride the
carousel and visit with Santa who arrives by fire truck. $5 per
child includes a goody bag and 1 ride on the carousel, 1 ride on
the mini-train and visit with Santa. Tickets are purchased at
the door, no advanced sales. 845-5800.
Trinity Christmas Silver Tea and Boutique, Honyman Hall, Trinity
Church, Queen Anne Sq., 1-4p.m. Tea, crafts and seasonal
greens. The 1726 church will be open for visitors. $8. 846-
0660.
*Family Holiday Workshop, 1-4 p.m., Newport Art Museum Coleman
Center for Creative Studies, 26 Liberty st. Make stamped
accordion books with your family. No registration required.
Craft takes 1 hr. Museum members $12, non-members $15. 848-
8200. www.NewportArtMuseum.org
4 p.m. and 6:30 p.m., see Dec. 2 for details.
*41st Annual Bowen's Wharf Tree Lighting and Open House,
America's Cup Ave., 4:30p.m. Frosty The Snowman and caroling.
City Official lights the tree, Santa and Mrs. Claus arrive by
boat (weather permitting) at 5:45p.m. Live Music. Free. 849-
2120. www.bowenswharf.com
Brick Market Museum & Shop, 127 Thames st., 4:30 p.m. See Dec.
2 for details.
Victorian Christmas Feast, 7-10 p.m., Newport Art Museum, 76
Bellevue Ave. Enjoy a festive st. Nicholas Day celebration with
dinner, dancing, choral concert and traditional holiday cheer
with the Marley Bridges Theatre Company. Museum members $100,
non-members $125. Reservations required. 848-8200.
www.NewpOitArtMuseum.org
Swanhurst Chorus presents uOf December Five-and-Twenty", The
Church of St. John the Evangelist on 'The Point,' Washington and
Willow Sts., 7:30 p.m. Concert featuring favorites by David
Willcocks, John Rutter and others. $20 per person in advance,
$22.50 at the door, $10 for full-timestudents. 682-1630.
www.Swanhurst.org
35th Annual Governor's Ball, 9 p.m., Salve Regina Univ., 100
Ochre Point Ave. $150 per person, with corporate sponsorship
available. Black tie gala with proceeds benefiting Salve
Regina's scholarship fund. 1-877-778-4438. Advancement@salve.edu
4 DECEMBER - SUNDAY
p.m., 416 Thames St. See Dec. 3 for details.
*Visit with Santa Claus at The Breakers, noon - 3 p.m., 44 Ochre
Point Ave. The jolly old elf will visit with children and hear
their Christmas wish list. Refreshments. Regular daytime
admission. For info 847-1000. www.newportmansions.org.
Christmas at Whitehall, UA 1730 Christmas", 2-4 p.m., Whitehall
Museum House, 311 Berkeley Ave., Middletown. A 1730's Christmas
celebrated in a 1729 colonial home. Singing of carols, lifting
a cup of wassail and learning about our heritage. Sponsored by
The National Society of the Colonial Dames of America in the
state of RI. Free, donations accepted. 849-3672 or 846-3116
day of event. www.whitehallmuseumhouse.orgornancpb@yahoo.com
% Family Holiday Concert, 2 p.m., Newport Art Museum, 76 Bellevue
Ave. Navy Band Northeast: Top Brass Quintet performs for
in the Galleries." Free. 848-8200 or visit www.NewportArtMuseum.org
Holiday Open House Weekend at the Potter League, 3-5 p.m., 87
Oliphant Lane, Middletown. Tree lighting, Blessing of the
Animals, behind the scenes shelter tours, refreshments and more.
Free admission. Leashed, well-behaved dogs welcome. 846-8276.
the Hall", 5:30 p.m., at the International Tennis Hall of
Fame & Museum, 194 Bellevue Ave. Annual outdoor tree lighting
ceremony with caroling by the Cluny School Choir and
refreshments. Free. 849-3990 or visit www.tennisfame.com
5 DECEMBER - MONDAY
Judging of the Newport DoprwayContest, deadline is Thursday,
th

*Giant Holiday Gingerbread House, 8 a.m.-9 p.m., open daily at
The Newport Marriott Hotel, 25 America's Cup Ave. Free with
canned good donation for charity. 849-1000.
Bead for Life Jewelry Fundraiser, 7-9 p.m. at People's cafe, 282
Thames st. Support impoverish Ugandan women who are lifting
their families out of poverty with their handmade, high-quality
beaded jewelry. For more info www.beadforlife.org. 662-7839.
6 DECEMBER - TUESDAY
JUdging of the Newport Doorway Contest, deadline is Thursday,
December 15 to enter. Judging takes place on Friday the 16
th

The Newport Marriott Hotel, 25 America's Cup Ave. From 1-5 p.m.
Santa, Mrs. Claus and their elves will greet children. Free
with canned good donation for charity. 849-1000.
7 DECEMBER - WEDNESDAY
Sketch a Winter Scene with Newport Artist Joseph Matose, 1-3
p.m., 164 Broadway. Learn how to draw winter scenes, limited to
10 participants, advance registration required. $50. 849-5421.
www.newportartist.com
Festival of Lessons & Carols for Advent, The Church of St. John
the Evangelist, Washington & Willow sts. 6 p.m. The Schola
Cantorum of St. John's will offer its Annual Festival of Advent
Lessons & Carols. The service is patterned after that presented
at King's College, OXford. Free-will offering. 848-2561 or
www.saintjohlls-newport.org
4
th
Annual Christmas Acoustic Concert, 7-9:30p.m., Channing
Memorial Church, 135 Pelham St. Many of the area's finest
musicians will perform acoustic music for the benefit of Lucy's
Hearth and the McKinney Shelter. $15 adults, children with
adult free. More info @849-4250 or MGorrnan20@cox.net.
*The Nativity of Christ Puppet Show, 7p.m., The United
Congregational Church of Newport, 524 Valley Rd., Middletown.
The ChiRho Puppets, a larger than life puppet show with angels,
dancing sheep, and singing animals. Free will offering.
www.uccmiddletown.org
JUdging of the Newport Doorway Contest, deadline is Thursday,
th

Winter Cheer for Adults, see Dec 1 for details.
*Winter Cheer for Kids, see Dec 1 for details.
Newport Gallery Night, Newport Art Museum is open 5-8 p.m.,
Free. 848-8200 or visit 'JIIWW.NewportArtMuseum.org
*Student's Impressions of Christmas in Newport of 2011, 5:30-
7:30 p.m., Newport Yacht Club, Long Wharf. Art show by Newport
Schools K-12 grade students and US Postal Service commemorative
postmark for Christmas in Newport. Free. 846-9410.
Holiday Critter Glitter Jewelry Sale at Potter League for
Animals - Guys Night Out, 6-8 p.m., 87 Oliphant Lane,
Middletown. Beer tasting & tasty appetizers, door prizes, gift
wrapping, personal shopping assistance. Sale of jewelry
benefits the Potter League. Free admission. 846-8276.
9 DECEMBER - FRIDAY
Brick Market Museum & Shop, 127 Thames St., 4:30 p.m. See Dec.
2 for details.
*31st Annual Newport Yachting Center Tree Lighting Ceremony at
the Newport Skating Center, 5:30 p.m., America's Cup Ave.
Music, carols, refreshments, Santa and Mrs. Claus and other
surprises. Free. Public ice skating is available after the
festivities for $7 adult and $5 per child (11 and under). 846-
1600. www.skatenewport.com for more details.
Christmas in Song by the Newport Navy Choristers, 7:30 p.m., St.
Lucy's Church, 909 W. Main Rd., Middletown. Concert to benefit
Christmas in Newport. Admission $10 adults, $5 children under
12 & seniors, $20 family. www.newportnayychoristers.org and
www.christmasinnewport.org
st. George's School Service of Lessons & Carols, 372 Purgatory
Rd., Middletown, 7:30 p.m. The birth of Jesus is told by
lesson and song. Congregational singing and carols by the
School choir. Free. 847-7565. www.stgeorges.edu
~ Salve Regina University Christmas Choral Concert, 8 p.m., 100
Ochre Point Ave. SRU Chorus, Madrigals, Men's and Women's
Ensembles perform a variety of choral masterworks to holiday
favorites. $8 general admission, $5 seniors and students.
401-341-2945.
Fort Adams Festival of Lights, 8a.m.-8p.m., Fort Adams. Tree
lighting at dusk and decorating contest. Stroll the grounds and
admire the trees, local high school band performances. Hot
soups, hot drinks and sweets available to purchase. $2 entrance
fee. 401-619-5801 or 846-0340. www.fortadams.org and
www.mahercenter.org To decorate and sponsor a tree contact above
phone numbers.
~ *Holiday Open House, Reading of The Night Before Christmas and a
visit from Santa Claus, International Tennis Hall of Fame &
Museum, 194 Bellevue Ave., Open house 9:30-5p.m. with 2:30
reading of The Night Before Christmas and 3p.m. visit from
Santa. Admission is free with donation of non-perishable food
item for charity. 849-3990. www.tennisfame.com
*Museum Explorers, 10-11:30 a.m., Newport Art Museum, 76
Bellevue Ave. Explore the Museum with your family. All-ages
tour at 10 a.m. followed by a fun-for-everyone craft activity.
$3. 848-8200 or www.NewportArtMuseum.org
Holiday Craft Fair at Potter League for Animals, 10-4 p.m., 87
Oliphant Lane, Middletown. Free admission. 846-8276.
p.m., 416 Thames st. See Dec. 3 for details.
Winter, 680 Bellevue Ave., 10-3 p.m. (last tour at 2:30). See
Dec. 3 for details.
Holly Days at the Norman Bird Sanctuary, 11a.m.-3p.m., 582 Third
Beach Rd., Middletown. Holiday celebration in nature with
animal presentations, story time, nature crafts, and Mabel's
Polar Express. $5 adults, $3 children 3-12 yrs, under 3 free.
84 6- 2 577X15 kbotelho@normanbirdsanctuary.org
see December 3 for details.
Newport County Inn's and Bed and Breakfast Christmas Tours, 3-7
p.m., various Inns around Newport. Tickets can be purchased at
the Newport Visitors Center or at the first house each day of
the tour. Light refreshments served. $10 for one day. 855-8701
or visit www.Newportlnns.com. and list of houses will be posted
after Nov. 20
th
2 for details.
"The Invisible Church" Concert, 7 p.m., Community Baptist
Church, 50 Dr. M.F. Wheatland Blvd. A celebration of the
endurance and spirit of the "Invisible Church." Come and share
the rich history of songs that tell the story of Black America.
Free will offering. 847-1707.
Victorian Christmas Feast, 7-10 p.m., Newport Art Museum, 76
Bellevue Ave. See December 3 for details.
J.S. Bach's Christmas Oratorio performed by The New England
Sacred Camerata, 7:30 p.m., st John's on the Point, Washington
and Willow Sts. The Christmas story told through the exquisite
music of J.S. Bach by New England's premier vocal ensemble. $20
per person, $10 students. stjohnsnewport@cox.net
;y. Salve Regina University Christmas Choral Concert, 8 p.m., 100
Ochre Point Ave. See Dec. 9 for details.
11 DECEMBER - SUNDAY
th

\ ~
Holiday Craft Fair at Potter League for Animals, 10-4 p.m., 87
Oliphant Lane, Middletown. Free admission. 846-8276.
Holiday Craft Show, 10-4 p.m., Newport Elks Lodge, 141 Pelham
st. Free admission. 835-7699.
Artisan's Expo, 10-5 p.m., at the International Tennis Hall of
Fame, featuring 14 fine art & craft artists including Looking
Upwards' artisans. Free. 847-0960 X56. www.newportartsfestiva.!.com
p.m., 416 Thames St. See Dec. 3 for details.
*Visit with Santa Claus at Marble House, noon - 3 p.m., Bellevue
Ave. The jolly old elf will visit with children and hear their
Christmas wish list. Refreshments. Regular daytime admission.
For info 847-1000. www.newportmansions.org.
Christmas Open House, 2-4 p.m., Glen Manor House, 3 Frank Coelho
Dr., Portsmouth. Local entertainment. Free. 683-4177.
Newport County Inn's and Bed and Breakfast Christmas Tours, 2-5
p.m., various Inns around Newport. Tickets can be purchased at
the Newport Visitors Center or at the first house each day of
the tour. Light refreshments served. $10 for one day. 855-8701
or visit www.Newportlnns.com. and list of houses will be posted
after Nov. 20
th
Salve Regina University Holiday Band Concert, 3 p.m., Casino

Theatre, 9 Freebody St. Symphonic Band, Jazz Ensemble and
Percussion Ensemble performing holiday favorites. Admission $8,
$5 for students and seniors. 401-341-2945.
Caroling at Emmanuel Church, 7p.m., 42 Dearborn st. Carols by
the choir and refreshments to follow in the parish hall. Free.
www.emmanuelnewport.org
12 DECEMBER - MONDAY
*"A Living Nativity" presented by Cluny School, 75 Brenton Rd.,
6:00pm. Live animals and choral music will enhance this annual
reenactment of the "first Christmas" under the stars. A gift to
the community expressing the true meaning of Christmas. Please
bring a blanket and flashlight. Free. 841-9753, clunyschool.org
th

th

Nutmeg and Mistletoe Concert, 7:00p.m., Ocean Cliff ballroom,
Ocean Dr. New England's best musical performers come together
in a concert of holiday/winter music to benefit the Matthew
Quinn Scholarship at Rogers High School .. Admission $15. 683-
6565. www.dicklupinomusic@gmaiLcom
lOOthAnnual Medieval Christmas Pageant, St. George's School
Chapel, 372 Purgatory Rd., Middletown, 7:30 p.m. Candlelit
service of the portrayal of the Christmas story. Free. 847-
7565. www.stgeorges.edu
P Salve Regina University Holiday Orchestra Concert, sponsored by
the Salve Regina Music Department of Performing Arts, 7:30p.m.,
100 Ochre Point Ave. Students, faculty and community players
join together in this presentation of popular orchestral
masterworks and holiday favorites. Admission $8, $5 for
students and seniors. 401-341-2945.
<' Make a Candle Centerpiece, 1-3 p.m., Little Flower Florals, 164
Broadway. Participants will make a centerpiece with live greens
to take home, limited to 6 participants, advance registration
required. $20 for materials. 849-5421
www.littleflowerflorals.com
*Giant Holiday Gingerbread House, 8 a . m . ~ 9 p.m., open daily at
25th Annual WADK-AM/WJZS-FM Christmas Concert, 7 p.m., Newport
Marriott Hotel Atrium, 25 America's Cup Ave. Free, canned food
donation requested to benefit local charity. 846-1540.
th

Judging of the Newport Doorway Contest, deadline is TODAY, to
enter. Judging takes place on Friday the 16
th
Register your
home or business at 848-6707. Categories are: Residential,
Restaurant, Bed & Breakfast and Commercial.
\i' *Children's Christmas story Hour, 4-5p.m., Good Shepherd Gift
Shop, 164 Broadway, with storyteller Madeline P. Nugent.
Limited to 25 children, advance registration required. Suitable
for ages 4-10 and parents are welcome to stay. Admission is a
donation to the Woman to Woman Support Network. 849-5421.
www.goodshepherdgiftshop.com
16 DECEMBER - FRIDAY
*Giant Holiday Gingerbread House, 8 a.m.-9 p.m.. , open daily at
Brick Market Museum & Shop, 127 Thames St., 4:30 p.m. See Dec.
2 for details.
Winter, 680 Bellevue Ave., 10-3 p.m. (last tour at 2:30). See
Dec. 3 for details.
Redwood Library and Athenaeum Holiday Open House, 11-3 p.m., 50
Bellevue Ave. Festive holiday merriment, music, children's
readings and activities, and refreshment. Free and open to the
public. 847-0292. www.redwoodlibrary.orglevents.
see December 3 for details.
2 2 n ~ Annual Christmas In USign", sponsored by the James L. Maher
Center, 4p.m., Stanford White Casino Theatre at the
International Tennis Hall of Fame, 9 Freebody st. Christmas
songs performed in black light and in sign language. Admission
$6 adults, children $4. 846-0340. www.mahercenter.org
2 for details.
1 9 ~ Annual Messiah & Carol Sing: uThe Christmas Story", 7 p.m.,
Emmanuel Church, Spring & Dearborn sts. Shanhurst Chorus will
feature much of the Christmas portion of Handel's Messiah and
the telling of the Christmas Story. Bring your own score and
sing along. Wassail Bowl reception following. Admission $10,
$5 for children 12 and under, and $25 maximum per family. 682-
1630 or www.Swanhurst.org.
w Murder at the Museum - uThe Art of the Masquerade," 7-8:30 p.m.,
Newport Art Museum, 76 Bellevue Ave. An evening of masquerade
and murder set in 1916. Family-friendly, interactive murder
mystery with th4e Marley Bridges Theatre Co. Costumes welcome,
not required. Reservations required. Tickets $15 museum
members, $20 non-member adults. $8 museum member youth, $13
non-member youth. 848-8200 or visit www.NewportArtMuseum.org
*Visit with Santa Claus at The Elms, noon - 3 p.m., Bellevue
Ave. The jolly old elf will visit with children and hear their
Christmas wish list. Refreshments. Regular daytime admission.
For info 847-1000. www.newportmansions.org.
*American Girl Christmas, 2 p.m., Edward King Senior Center.
Crafts, refreshments, doll fashion stroll and special gift.
Admission limited due to space capacity. $10 per child. 845-
5800. Sponsored by Newport Recreation Dept and Edward King Sr.
Center. Advanced reservations required. 845-5800.
Holiday Dance Concert, 3p.m., Stanford White Casino Theatre at
Tennis Hall of Fame, 9 Freebody st. Rhode Island's ballet
theatre performing dances from selections from Nutcracker, Babes
in Toyland and other favorites. Suitable for ages 3 to 100.
Admission $25. 847-5301.
"Christmas On Historic Hill," Service of Lessons and Carols,
Trinity Church, Queen Anne Sq. Time 4 p.m. A candlelight
service featuring the musicians of Trinity Church. Free will
offering. 846-0660. www.trinitynewport.org
Celebrate the Christmas season with music at First Presbyterian
Church of Newport, 7 p.m., Broadway and Everett St. Carols,
anthems and special music. Instruments, handbells, sanctuary
choir, soloists and small ensembles. Free. 847-1749.
The Working Waterfront Walking Tour, 11 a.m., departs from the
NRF Museum Store, 415 Thames st. Walk in the footsteps of the
women and men - sailors, merchants, immigrants - who once lived
and worked in the Lower Thames neighborhood on a tour that
engages the senses. $12 per person, reservations suggested.
846-0813.
Discover Newport in Costume, 11 a.m., departs from Museum & Shop
at Brick Market, 127 Thames Street. Follow a guide in 18
th
century costume on a walking tour of Newport's colonial streets.
Learn about the city's remarkable history and its role during
the American Revolution. $12 per person, $10 for NHS members.
Reservations recommended for this hour-long tour. 841-8770.
2 for details.
Discover Colonial Newport Walking Tour, 11 a.m., departs from
Museum & Shop at Brick Market, 127 Thames st. Hear stories of
revolution, struggles for religious liberty and remarkable
entrepreneurship among Newport's diverse people. Reservations
suggested. $12 per person, $10 NHS members. 841-8770.
Festival of Lessons & Carols for Advent, The Church of st. John
the Evangelist, Washington & Willow sts. 4 p.m. The Schola
Cantorum of st. John's will offer a Festival of Advent Lessons &
Carols. The service is patterned after that presented at King's
College, Oxford. Free-will offering. 848-2561 or www.saintjohns-
newport.org
Christmas Eve service at Newport Congregational Church, Hope and
Curiosity - New Life, 6 p.m. Family and children centered
Christmas Eve service of Lessons and Carols, 73 Pelham st. at
corner of Spring St. 849-2238. NCCDCC@Newportcongregationalchurch.org
CHRISTMAS EVE SERVICES ISLAND CHURCHES
A JOYOUS CHRISTMAS TO ALL
41st Annual Christmas in Newport Candlelight Tour of Historic
Private Homes, 4-7 p.m. Maps available at the Newport Visitor
Information Center in mid-December. $3 per house, payable at
the door of each house, different houses open each day of tour.
(401)293-0965.
*Holiday Train Rides, 11:45 a.m. and 1:45 p.m. Old Colony
Railway Depot, 19 America's Cup Ave. Ride along scenic
Narragansett Bay in antique railroad coaches, decorated,
enclosed and heated. Adults $7.50, Seniors $6, Children $5,
First Class fare $11. 401-624-6951.
Rogues & Scoundrels Walking Tour, 11 a.m., departs from Museum &
Shop at Brick Market, 127 Thames st. See where scoundrels
lived, where pirates profited and where criminals were put on
trial and punished. Find out why this colony was known as
~ R o g u e ' s Island." Reservations suggested. $12 per person, $10
NHS members. 841-8770.
*Turning Trash into Treasure Art Camp, 9:30 - 3:30 p.m., ages 6-
10 yrs., Newport Art Museum Coleman Center for Creative Studies,
26 Liberty st. Must register for all three sessions. Museum
member $170, non-members $205. 848-8200 or www.NewportArtMuseum.org
Railway Depot, 19 America's Cup Ave, see Dec. 26 for details.
(401) 293-0965.
*Turning Trash into Treasure Art Camp, see Dec 27 for details.
Winter, 680 Bellevue Ave., 10-3 p.m. (last tour at 2:30) Enjoy
an authentic view inside heiress Doris Duke's Newport mansion in
the winter. Experience the quiet house, decorated staff wing,
hear about Miss Duke's tropical holiday spent in Hawaii, and
learn how Rough Point's winter caretaking traditions have
remained the same for the past half century. The tour is of the
first floor of the house and refreshments are served. Tours
offered every ~ hour. $10 adults, $8 children under 12 yrs.
Tickets sold at the door. 847-8344. liz@newportrestoration.org
(401) 293-0965.
*Turning Trash into Treasure Art Camp, see Dec 27 for details.
The Working Waterfront Walking Tour, 11 a.m., see Dec 22 for
details.
Discover Colonial Newport Walking Tour, 11 a.m., see Dec 24 for
details.
Discover Colonial Newport Walking Tour, 11 a.m., see Dec 24 for
details.
ADDITIONAL ATTRACTIONS
2011
*Giant Holiday Gingerbread House, 8
The Newport Marriott Hotel starting
Ave. Free with canned good donation
a.m.-9 p.m.,
Dec. 5th, 25
for charity.
open daily at
America's Cup
849-1000.
House
Adults
847-
Potter League for Animals Holiday Critter Glitter Jewelry Sale,
87 Oliphant Lane, Middletown. Dec 3-10 from 10-5 p.m. and on
Wed. Dec 7 from 10-7 p.m. Free admission. 846-8276.
Preservation Society of Newport County, Bellevue Ave. The
Breakers, 44 Ochre Point Ave.; The Elms, Bellevue Ave.; Marble
House, Bellevue Ave. Three great houses adorned with period-
inspired ornaments, elaborate yuletide decorations, fresh
flowers, trees, wreaths and garlands. The Breakers 9 a.m.-last
tour at 4 p.m., The Elms and Marble House 10 a.m.-last tour at 4
p.m. Admission. All three houses $28 adult, $9 children 6-17
yrs. For more info 847-1000 or www.newportmansions.org
Properties closed Christmas Day.
Holiday Evenings at The Breakers - Dec 3 & 10. Live holiday
music and refreshments. 6-8 p.m. Adults $28 in advance, $35 at
the door, Children 6-17 yrs. $10. 847-1000 for reservations.
www.newportmansions.org
Holiday Evening Duet at the Elms and Marble House - Dec 17.
Enjoy two houses for the price of one. 6-9 p.m. Take a
leisurely self-guided evening stroll through both Marble
and The Elms, enjoy live holiday music and refreshments.
$28 in advance, $35 at the door, Children 6-17 yrs. $10.
1000 for reservations. www.newportmansions.org
International Tennis Hall of Fame and Museum, Newport Casino,
Bellevue Ave. Open 9:30 a.m. - 5 p.m. Admission. 849-3990.
www.tennisfame.com.
Newport Art Museum, 76 Bellevue Ave. Open Tues.-Sat. 10 - 4
p.m., Sunday 12-4 p.m. Closed Dec. 25. Admission, $10 adults,
$8 seniors, $6 Military and students with valid rD. Museum
members and children under 5, no charge. Admission by donation
Saturdays from 10-noon. Ongoing exhibits in Dec. 848-8200.
www.newportartmuseum.org
Newport Historical Society Museum and Library, 82 Touro St.
Open Tuesday - Friday, 9:30 a.m. - 4:30 p.m. and Saturday 9:30
a.m. - noon. 846-0813.
Museum and Shop at the Brick Market, 127 Thames st., open daily
10 a.m. in December (closed 12/25). Award winning museum offers
an introduction to Newport's history and architecture from the
1600s through the Gilded Age. Holiday gifts related to
Newport's history. 841-8770.
Newport Skating Center at the Newport Yachting Center, open 7
days a week, weather permitting, hours vary per day with
extended hours during school vacation weeks. Enjoy open air
skating on the Newport waterfront, skate rentals, free parking,
a full concessions menu, private party space and more. $7
adult, $5 child under 11 yrs. 846-1600. www.skatenewport.com
Redwood Library, 50 Bellevue Ave. Open Monday, Friday and
Saturday 9:30 a.m. - 5:30 p.m., Tuesday - Thursday from 9:30
a.m. - 8 p.m., and Sunday from 1 - 5 p.m. 847-0292.
Trinity Church, Queen Anne Square. Open Sundays from 11 a.m. -
1 p.m. $2 donation suggested. 846-0660.
Viking Bus Tours, Ocean Drive, Bellevue Ave, historic buildings
and points of interest. 847-6921.
The Colony House on Washington Square is
decorated on the exterior by
the Newport Garden Club.
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EVENT HOLDER
(Page 2)
If Outdoors, will toilet facilities be provided? I !'J D ~
(Include on plan)
(Include on plan)
Expected Attendance: -
Is parking available:
COPY OF TENT PERMIT MUST BE ATTACHED.
Seating Capacity: 1 -'
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CONCERT I W 1) I Is staging or platform required?
Amplification?
DANCE DEEJAY
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SPORTING EVENT I go I Type: 1 _
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CIRCUS Will there be animals? I
Type: ,_- _
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SHOWOR EXHIBITION: I (iJ::J I
OTHER (describe) 1 _
Are required approvals attached, e.g., State, Recreation Dept.? L 8 ! ' - ~ - ' - - - - - - - - - - - - - - -
Is a street closing being requested? 1..:.,v_D _
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EVENT HOLDER -0-:::=-=-::::-:--::-=-=-:-=-===-=-=-==::-::::
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If yes, will you be applying for a Class F or F-l Liquor License?
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Will there be gambling, e.g., bingo, raffle, etc,?1 f-J::>
Do you have State Police Approval? 1 _
For RetailSales - Have yon completed a "Promoter's Application For Pel'mit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
Time fireworks will begin: 1 -' Duration: 1 _
NOTE: Iffireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
ROAD RACE, WALK-A-THON, ETC. On ROadWay(S)[ijA] On Sidewalk(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:
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DATE:
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APPLICATI"'J; L1CE1l i>S
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LOCATION OF EVENT: I "or' </{;{v fLU

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Is event to be on City, State, or Private Property? '-----------------
Name of Property Owner of Event Site: I sr, AlJG-V<7TfA) Cffu!QCH of IJf?vJPor
Signature ofProperty Owner: ItA2eAr l4J &; C (8Jv.
Printed Name of Property Owner: J{)f{1J fv(f2 WVLTY R.c, (3f?'ffO/l OF (fIPOrJ10E4/C.
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EVENT HOLDER
APPLICATIO""N-F""O-=R:--A-:--:-S=CpE=-C=I'""'AL-:--:-E""V-E-N=T:-::L-=IC-=E=CN-::-::-:SE
(page 2)
Ifso, location of toilet facilities:
(Include on plan)
COpy OF TENT PERMIT MUST BE ATTACHED.
Seating Capacity: IL.._-;::::::::::::==;;::;'
For how many vehicles? 1).5f aff'>lhr 'f
(Include on plan)
Expected Attendance:
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Type: 1'--_--=--_-- _
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SHOWOREXHIBITION: 1_- I
Are required approvals attached, e.g., State, Recreation Dept?
Is a street closing being requested? NO
Ifso, is Health Dept Inspection Approval attached?
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EVENTHOLDER -,-_--:_:::--:--:---:=:::-
APPLICATION FORA SPECIAL EVENT LICENSE
(Page 3)
Do you have State Police Approval? I
Itemto be Furnished
Ifyes, will you be applying for a Class F or F-l Liquor License?
If so, whose? 1 _
Will there be gambling, e.g., etc.?
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division ofTaxation? (Contact No.: 222-2957)
FIREWORKS
Do you or the pyrotechnic have Newport Fire
....-
Time fireworks will begin: 1'- 0 __0_" I Duration: IL.- ._- __ _
Iffireworks are for longer than 15 minutes, arrangements must be made for pollee
ROAD RACE. WALKA-THON. ETC. On Roadway(s) CJ On Sidewalk(s) CJ
Has notification been made to l'esideuts along the route? __
Have temporary signs been posted? (Signs must be removed by the following day,)
SPECIFIC ROUTE:

,
'\17'1/
11
City of Newport, Rhode Island
DATE: ocr, ZOII
I
(?rr73l f'(
oCI 3 1 2011---J
EVENT TITLE/TYPE:
D1HHep.. 1+1-/ P
Fi"I/>/V/UI,.>6f1. p.t>p.. f1. NO/"{- PfI"t:'f'1 r-
LOCATION OF EVENT:
TH ;'lM 85 sTIl.B..6r 1"-, rc; I
0:] ::j 'Pi,q "1 e7 s r, N 81NoAft 12 r, fl..X eJ;)' 1-CJ
I I
Date(s) of Event:
Hours of Event:
__"/'_I,-----;z._Q_II 1
It'; 3" I
' F:..::I11L- ----',
JIll p.,rt-t. '.9 .,. C.... ,1\-1 M j ,.., 9. J'
DOf\- UN I V0/lS I'k- /2.0111/> e
---.
T. CVN/M 1>'1 "1.7
Signature of Holder ofEvent:
Printed Name:
l---_-;:::::================-_--==============
Name of Property Owner of Event Site: L- ----!_,...,- ---'
Signature of Property Owner:
, Printed Name of Property Owner:I 5'T eV f:3 N f2.A M Pt' H ,
Will Event be Indoors or Outdoors? IIN DOorz.f
(Include Plan)-----'---------------- --'
EVENT HOLDER lJ N I V 6 P. j, .4-L
APPLICATION FOR A SPECIAL
(Page 2)
/Z.@N//>f
VENT LICENSE
Ifso, location of toilet facilities;
(Include on plan)
(Include on plan)
Expected Attendance:'
COpy OF TENT PERJ.'\1IT MUST BE ATTACHED.
I
45
Seating Capacity:L-_--'-c:- _
./
CONCERT I NI)
Is staging or platform required? "I N t.:) Amplification?
NI
.
MlJS1"-
DANCE I
Nol
DEEJAY
Amplification: 1,--__1-1_0 _
SPORTING EVENT I NO
Type: 1 _
PLAY
1-10 I
If yes, what type:
CARNIVAL I NO
CIRCUS Will there be animals? I NO I
Type: 1_" --,. _ SHOW OR EXHIBITION: I NO
OTHER (describe) 1_" __fl_li_I)__M_V_S_l_(..__ _
Are required approvals attached, e.g., State, Recreation Dept.? 1'--_--'/'-- _
Is a street closing being requested? 1L-_14_o _
Will food be prepared on the premises? I 'j 1 I r 17 "! oS TAL>
12') If so, is"Health Dept. Inspection Approval attached?
.,'
EVENT HOLDER tJN I V13 jH f.H... pMM I.> 8-
(Page 3)
1./
1/
1M
If yes, will you be applying for a Class F or F-1 Liquor License?
lfnot, will another's license be used?
Ifso, whose? 1__--:./'--: --1
Will there be gambling, e.g., bingo, raffle, etc.?@ J Do you have State Police Approval? I '" /1+
List Names of Vendors Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
FIREWORKS
I
Time fireworks will begin: 1 /_"__ Duration:
NOTE: Ifflrework,s are to begin or end after 10:00 p.m., a sound variance must be obtained.
Iffireworks are for longer than 15 minutes, arrangements must be made for police
ROAD RACE, WALK-A-THON, ETC. On Roadway(s)"[;iE] On Sidewalk(s) ~
Has notification been made to residents along the route? _/ __
Have temporary signs been posted? r (Signs must be removed by the following day.)
SPECIFIC ROUTE: _---:./ _
f)-AJIJ()Yl
DATE:
EVENT TITLE/TYPE:
LOCATION OF EVENT:
Date(s) of Event:
Hours of Event:
c! r; c,',
Holder of Event & DBA: lJ.w,-,=',-pc...];c.' --'I&'../-' ='-
Signature of Holder of Event:

Printed Name: L.9:':Li
1
'k;' __
Address of Hlj'ldtir of Event:
..LIle rlh1-e Cu.< I'
OfA&'fI',J','W 1!J..10) 'JU( .d'1t>g I (II Ll,i". '")8'1-
Ll
/''''''
Business Telephone: J I ' , -, Residence ..... ,,-V-J.-/--,-,-,--,,,J-L7J.._"::vv-=--....!
Is Organization Non-Profit? I ,Y#O I Is Organization Religious? l:)2""O---'
Is there a charge for admission? I)J0 I I
I '1\.ff\t STf..
Is event to be on City, State, or Private Property? 04 --J
Name of Property Owner of Event Site: I /5e:Juol p-----------------'
l12&l
.r-------------------
Signature of Property Owner: 1'- _

(Include Plan)
EVENT HOLDER - = - ~ __c : = c = _ ~ = = .
(Page 2)
If Outdoors, will toilet facilities be provided? 1 vip' ~
(Include on plan)
COpy OF TENT PERt'\1IT MUST BE ATTACHED.
,
I NO
(Include on plan)
I Amplification? 1l". 1
Expected Attendance: I /f1l0 r Seating Capacity: 1'-- _
Is parking available: 1 yi:> For how many vehicles?
CONCERT 1 tJ)h I Is staging or platform required? 1 fJO
1 ----
DANCE l NO I DEEJAY I+N,-O_-J
Amplification: 11.-- ---'
SPORTING EVENT I V
-+'v'b;,t---J
If yes, what type:
Will there be animals? 1__---'
PLAY I-,-,JJ,-=-O----,
CARNIVAL IL..."JJ.....,o,--_
CIRCUS
1 ------
1 }Jb
Type: 1 ,---- _ SHOW OR EXHIBITION: IJJO
OTHER (describe) 1,- _
1,---
EVENT HOLDER --::-::::=:::--c--::c=-=-c-::-===-=-=-=:::-=:
(Page 3)
I UQ
>
I yO
.. 1 JJO
If yes, will you be applying for a Class F or F-1 Liquor License?
Ifso, whose? 1 ,--__
Will there be gambling, e.g., bingo, raffle, etc.? Lj\J.... I.L')_
Do you have State Police Approval? I__--.J
_
For RetailSales - Have you completed a "Promoter's Application For Permit to Operate a Show or
FIREWORKS ]V ()
I
Time fireworks will begin: I__ _ Duration: --J
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
ROAD RACE, WALKATHON, ETC. On On Sidewalk(s) C:=J
Has notification been made to residents along the route?
Have temporary signs been posted? (Signs must be by the following day.)
SPECIFIC ROUTE: :'5/1-M 0CI..A1'X Cf9 jkJJt V
"'
Christmas Run For
10k Run
- . Womens' Oncology
W&l HOSPItal, Programill = Race Course
Int
egrative Care Program" \)\) __

.. 1J '"
/>i .
N
:1'1 II

.3.3 Mile Walk
EVENT TITLE/TYPE:
LOCATION OF EVENT:
Date(s) of Event:
Hours of Event:
Business Telephone:
Will Event be Indoors or Outdoors? I /II D I
(Include Plan)
Is Organization Non-Profit? Is Organization Religious?
Is there a charge for admission? [flc). I I . I
. Is event to be on City, State, or Private Property? --._/V __Q-;.,,- ---'
Name of Property Owner of Event Site: I
Signature of Property Owner: I I
I 1+c{lg f(}vt:- I-
Signature of Holder of Event:
--e0 . _ liz' I
Printed Name: I- n 5cMt> (( --tC( fV\j;X.A..; Title: I(Seedo I
Address ofHolder ofEvent: I 1-Cl- aiva//( 5 wFIV-
'--4--""-I---k<--f,......L-'O"--"'@::...-t----<.JResidence TelePhonej: .
[4/01
EVENT HOLDER
" APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)

If Outdoors, will toilet facilities be provided? L.-J
If so, location of toilet facilities: --","
(Include on plan) -'-_... _
(Include on plan)
Expected Attendance: "
COPY OF TENT PERMIT MUST BE ATTACHED.
Seating Capacity: 1'- _
CONCERT Is staging or platform required? ____I Amplification? , -'
DANCE 1-,-__1
DEEJAY
Amplification: 1 ----"
SPORTING EVENT 1__---'
Type: 1
PLAY
CARNIVAL
If yes, what type:
CIRCUS Will there be animals? 1 _
SHOW OR EXHIBITION:

OTHER (describe) I
---------:-;:::============
EVENT HOLDER .--::-:==-:-c:=:-=:-:-::c-::::==-==-::-:-:=-=
(Page 3)
Ifyes, will you be applying for a Class For F-I Liquor License?
If not, will another's license be used?
If so, whose?
I z1tij)
I I
Will there be gambling, e.g., bingo, raffle, etc.? .LllZQI Do you have State Police Approval? 1 _
List Names ofVendofs
f
For RetailSales - Have you completed a "Promoter's Application For Pet'mit to Operate a Show or
FIREWORKS
Time fireworks will begin: Duration: 1 _
ROAD RACE, WALK-A-THON, ETC. On Roadway(s)[==:J
Has notification been made to residents along the route? _
Have temporary signs been posted? (Signs must be remo
SPECIFIC ROUTE:
by the following day.)
"
"
" PAGE 1 of!
i .
CITY OF NEWPORT, RHODE ISLAND i
PUBLIC "
TO THE HONORABLE COUNCIL: =:I...,
DBA Name: I'ILI {.tit /L/ I
Business Phone: I It'17- n I (
d Wilt /
vjlJ (WIP,yIr rCI.
Address:
OR Other Mailing Address:
Corporate/Business Owner Narne: I Jd( >"\(
Owner Address:1 S'0.""-' ""-5 '&fotJ v (
Owner City: I NCw't>li'/.f- State: Ivc1 I Zip: I O:HY J
Owner Phone: =.-=;r=;:[,::;(=(===--3--7 YI 3- ')J 'i) C:. ( II
For Mailing Address (choose one):
Use Business Location: OR Use Owner Address:
CLASS:[E]
'J 0II
DURAnON: 11-..:..'..:..V)!-'
I / I
,
I JOO -' J LtJO
HOURS:
License Number: ,__-="-_-'
Yearly is June 1- May 31 0
or ifDaily (Ust dates)
Location: I s(.l orr I J vi ( I r
Initial Here that PLANis attached !hatspecijically delineates & defines location ofentertainment:
INITIAL HERE to acknowledge receipt o/NOISE o.RDINANCE D DATE: ,.----L._-;
Filing Fee -112 Date Paid: 1/07&'Il/! I License '"-" I Date Paid: /(/
r I __---I
License Issued By: Date Issued: _
ANNUAL Class A (inside) $300 Class B (outside) $200(including tent) accessory only
Class C (Class J Liquor) ($500)
Y J!? ' "
ACTION OF COUNCIL: ACTION DATE: _
Page 2 of2 Entertainment License Application
JUNE 1, , TO MAY 31, _
OWNER:
D/B/A: _
PREMISES: _
PLEASE COMPLETE ALL CATEGORIES. Use "N/A" if not applicable.
AMPLIFICAnON?
\/ IS
DEEJAY?
(
CONCERT?
BAND?
lin
HOW MANY MUSICIANS?
I
y
HOW MANY VOCALISTS?
:J-
TYPES OF MUSICAL INSTRUMENTS?
014 ct-.y
d,r (A "" \
DANCING?
(
DANCE REVUE
MOVIES?
PLAYS?
OTHER
Expected Attendance: __'_S_-(}--_----"d:...
O
_
O
__----:- Seating Capacity: _
Parking Availability # of Vehicles: ,(-'N"---"-O_IA_('-- _
Do you have a Liquor or Victualing License: --V"f-JC-!.5--------------
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 befiled with the City Clerk's OfJice.
SIGNATURE OF REPRESENTATIVE:
PRINTED NAME:
TITLE:
RESTRICTIONS:
en\' OF NEWPORT, RHODE ISLAND
DoeXe+ Cole
\\)9('[0\ \
Py=;\ I 011
M'T 2 1 2011 U\.,) .
The undersigned respectfully petitions the Honorable Council for a HOLIDAY LICENSE to allow retail sales on the following holidays: New
Year's Day, Memorial Day, FOUlth of July, Victory Day, Labor Day, Columbus Day, Veteran's Day, or on any day wbich any ennmerated holiday is
officially celebrated. No Holiday Lieens. sball be iss.ed anel a retan b.sine.. sban not be open Deeember 25'" of any year 01' Tbanl",giving
Day, except pbarmscies, retansto... tbat principally sen food products and wbieb employ fewer than six employ... per shift stany one
location, flower, gal'den 3i11d garden accensorry shops, video stores, aod bakeries. (at General Law
Application is made for: HOI...IDAY SELLING LICENSE Date:j 012.1/1 L
LICENSE DlJRAUON:
BUSiNESS OWNER:
(Individual, CorpILLC, etc.)
BUSINESS D/B/A:
BUSINESS LOCATION:
Owner/Representative:
Autbo.ri:Eed SigJli2lllire:
Owner's Home Address:
Business Telephone No.:
April 1, tliroll!gJil MaJrCb 31, _
Title: .__ __
--_..
Home Telephone No.:
MAILING ADJ1RESS: (cirr",ilil IIlllle) (a) Business locatlollll address illolinel' (sp<eeify)
tn
E-Mail Address; 1: IZ,BlZq. ct--.@ _._.__ _
The undersigned has been in business since (year): A5 _
The business is principally engaged in the sale of the following types ofgoods: __\1Jc:c-bLLLe:l4__ _
.()
..__
TRANSFERS ONLY CQf"WLETE THIS SECTION
PREVIOUS BUSlNE (ownership): .._._.. . .. .. . ._.. _..... ._. . __
PREVIOUS BUSINESS D/B/A: .. _. ._._. .__ ..__ . __..__
PREVIOUS BUSINESS ADDRESS; ..... __ . .. .. __ .. .. .. ...__
PREVIOUS OWNER'S SIGNATURE: .. . . . .. ... . .. __. _
Date Paid _.. _"'. __
COUNCn, AG'WN:
CITY OF NEWPORT, RHODE ISLAND
APPLICATION FOR A PEDICAB LICENSE (DECAL)
DATE: /(]- 2.5- 20(I
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:
Application is hereby made for a PEDICAB LICENSE.r":,i,:_ T Ii 1'1 ,e, '1
(0
" I 1'1 I'lL . . ': ,C., ,1.11 r J
No.ofPedlCabs: /'i/!"'' ,'0 I I
_I_Ii---G+
C
-4-
G
'-s-
r
__' '_! "I
I
"
Signature of Applicant:
Printed Name: --kdV.PAA 2 Ckoa-"JV\'--__
Address: _9{hcl4dwr Sf- it //liu;;pr-I--, CT
Business Tel. No. [10& Home Tel. No. IlI/A
*On a separate sheet, list names and addresses of principal officers if a corporation; if
not, the names and addresses of partners, trustees, or other owners.
THE FOLLOWING INFORMATION MUST BE ATTACHED TO APPLICATION:
1) Description ofpedicab(s), including trade name, serial no., body style.
2) A map of Newport showing locations of proposed routes or methods of
operation.
3) Location of proposed stations, stands or pick-up points.
CONDITIONS: Must comply with all State and Local Motor Vehicre-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 on Franklin St. and Memorial Blvd. at all times, and
on Memorial Blvd. West, between 6:00 a.m. and 6:00 p.m. except to cross over at
Spring St. and Bellevue Ave.
************************* For Office Use Only ************************
$15.00 Filing Fee paid: OCT 252011
License Fee ($50 per pedicab) '" Date paid: _
Council Action: Date: _
Proof of Liability Insurance (not less than $1 million per occurrence) attached that meets the
requirements of Section 5.97.250 _
Date License Issued: _ Decal Nos. ----, _
!/-Cf-/(
CITY OF NEWPORT, RHODE ISLAND
APPLICATION FOR A PEDICAB LICENSE (DECAL)
DATE: /0 I z ~ ;}I
Signature of Applicant:
Printed Name: l3_c_-N_T_f't:....iVI_I_N__M_<l_K...:<:,:-I'Z.....:.;(S::.- _
LJZ &1.-/0
Business Tel. No. L.j0 I - If 32 - SY9 8 Home Tel. No. (; (7- 2 C(, - 2 cU s;-
*On a separate sheet, list names and addresses ofprincipal officers if a corporation; if
not, the names and addresses of partners, trustees, or other owners.
THE FOLLOWING INFORMAnON MUST BE ATTACHED TO APPLICAnON:
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 ofpassengers on
roadways so as to interfere with traffic. Pedicabs may not operate between 2:00 a.m.
and 6:00 a.m., and are prohibited on Franklin St. and Memorial Blvd. at all times, and
on Memorial Blvd. West, between 6:00 a.m. and 6:00 p.m. except to cross over at
Spl'ing St. and Bellevue Ave.
************************* For Office Use Only ************************
$15.00 Filing Fee paid: 10'-J-7--1(.4.~
License Fee ($50 per pedicab) $ 300 Date paid: 10-J. 7- / (4:-7'.
Council Action: Date: _
Proof of Liability Insurance (not less than $1 million per occurrence) attached that meets the
requirements of Section 5.97.250 _
Date License Issued: Decal Nos. _
10' ZO':2o
DATE:
Disapproved by COuDcil _
___ '-""-__---l" froml ",5.' . .'
DEG UJirU:NOV 3.oyoilf SilltSQliaI (iiSf<l4tes):J.:.:, .. _
< " '\ct.;.;/,),+> --t,:;:y'<,:: _ -< " 'L - ...". "", ->'; "-""
:PREMISES: 176'Bellevue Ave.
,- . ""
andlor tenderIng of architecture to
--<.-', :.','<, ."".", _'.i'-.'io '. - - ,. .. "'
. , .-' -c<"c;;.' "<':;;;;_ ; -c-,,' __'n.,::<;,- ;
-',i",,-
.er O('1""\t. l \ IC1 J I I
DoCLL' Last printed 7/26/2011 10:27 AM
CITY OF NEWPORT, PODE ISLAND
Dec. l, 2011-NQv. 30, 2012
VICTUALING LICENSE APPLICATION
HONORABLE COUNCIL:
ryltll.byCouDcil _
.:f'.!'----- Date _
\' 'Il.,,\l<d,'Vit\20 10 Rene" al\ VH201(J/\ ppticahon!vkl'gc.dClr,;
PA,GE 10f2
PAGE2of2 Victualing License Application
Last printed 7/26/2011 10:27
'."
.
......:
O
,, ,,, !.,,.
r N ): itiN ; & Signature:; .
..
Owner: Coffee House, Inc .
.OBA: Annie I s
176 Ave.
"":;'.:'","" '':''-4 }I.;]"N '"" ,:.,., '"V '"V N ",,' ....... '" "" <'V rv ;...., rv "" "'" "'v "" rv ,..., "" "" "" ............................. I"V rv rv "" '" "'" ............ ....., '" "" "" ....., I"V I'V ""V '" 'V rv f"V ....... ,...., I"V rv
..' .' .'. -orif NOTlllready "on"tlle",PLANS
. ,'. ' .. If ide detailed Sitjl.PIa:n showing entire premises, intd9r,l1xterior, seating capacity, dumpster
: .19ciftton, and parkin' .
) '"
i .. .. '. Curfeiit Seating :
,,-,--",'."---,-, - -
'I>um stilt?
' p ','
Parking
Location?
Y;\UquorVil\20 10 V1']'20 10AppJic::lrion!\lkrge.dnc
Gregory P. Yalanis . ARCHITECT spring street STUDIO
October 31. 20II
Mayor Waluk
City of Newport
43 Broadway
Newport, RI 02840
Dear Mayor Waluk.
With this letter. I hereby submit my resignation as a membcr of the Newport Zoning Board of Review
effective November 1.2011. As of this date I will be a full lime resident of Portsmouth. RI, which
prohibits my continued participation. I've enjoyed this opportunity in serving the eity of Newport and
have learned a grcat deal in the proecss.
As a local architcct. I intend to maintain my involvemcnt in serving this cOlllmunity. and I look forward to
continuing the relationships that I've developed on both a personal and professional level.
Please feel free to contact me should you have any questions regarding my resignation.
I(
A ' ~ ! 4 - -
Gregory} Yalanis. AlA
Newport Waterfront Commission
300ctober2011
Newport City Council
City Hall
43 Broadway
Newport, RI 02840
RE: Recommendation for Improvements to the Stone Pier Dinghy Docks - Inclusion
in the 201213 City Budget
Dear Honorable Mayor and Members of the City Council:
On October 13,2011 the Waterfront Commission unanimously voted to recommend
much needed improvements to the Stone Pier dinghy docks.
This issue was discussed in collaboration with the Harbormaster, Mr. Tim Mills. The
recommendation is for the City's 2012-13 budget, funded from the Enterprise Fund or
from available grants. The cost of improvements is estimated to be $1 OOK. An analysis
and recommendation letter, along with drawings of the present and proposed dinghy dock
configurations, are attached.
The WFC's rationale for this recommendation are:
The current dock floats are in very poor condition and dire need replacement
Increased square footage of the floats is needed to remedy overcrowding demand
There is a need to safely accommodate a harbor shuttle drop off/pick-up stop
This project would be categorized as a CRMC maintenance permit
The project would include new floats, related hardware and several types of signage
Please let us know if you have any questions.
Respectfull . ubmitted>/'. . /
~ - t A / ~ ~ - - e - -
/ ~ .
a Kniskern
Chair - Waterfront Commission
Attachments: I. Analysis and Recommendation letter
2. Schematics - Proposed and Existing Stone Pier Configurations
cc. Ed Lavallee, City Manager
Tim Mills, Harbormaster
Kathy Silvia - City Clerk
Proposed Network
of Replacement
Floating Docks
--===--
-'l
~ <
.
'"
-=--
-=--
~
--===--
~
G a n ~ y
.--
"'::::::: ~
~
-=---
~
1>':.
~ .
'I
-n-------------------'---, ,--------- --------------- -------------------------\ j---------------------- " ---------------
Ii II
---LL U"';;':' m.ml
I
];
LL
- - _- __..\ \-_ _-_ - -"." ;-r
[j
!!!!
-
10/13111
Newport Waterfront
Commission
1
Stone Pier
~ ~ /\
j-'---'
"
.. =1
,
:
J.
:::::::::::::f
...........!
.,
1 :
!
u ...... -ii' .. J
r
T::::: ::::::::::::::::.:..:::::: J
( ]
r '.:':':::.:::'.:'::.::'.:':.::','.:':::- ...., .
":':':"1
J8!d auolS
A Narrative Outline for a Proposed Improvement to the Dinghy
Storage Area at Kings Park Stone Pier
Background
The City of Newport, Harbor Division has identified that the floating docks at the Kings Park
Stone Pier are in poor condition and they have been scheduled to be replaced. This small
network of docks is located at the northern end of the stone pier and they are used for seasonal
dingy storage. This is a very important storage area as it provides the opportunity for the public
to keep dinghies in a convenient location to provide access to vessels in the spindle mooring
field and the anchorage. It is the understanding of the Waterfront Commission that the
proposed plan is to replace the existing foot print of docks without adding on additional pilings
or docks. None of the existing pilings are in need of replacement as all appear to be in good
shape. Nor is it proposed to extend the number of pilings and increase the length of the docks
along the stone pier. Members of the Waterfront Commission have inspected this facility on
several occasions and have identified that the facility is overcrowded and should be improved
to accommodate current dinghy use. In an effort to take advantage ofthe current proposed
plans to replace the docks, the Waterfront Commission would like to offer a recommendation
that would actually help increase the dinghy storage capacity without adding additional piling
and extending the length of the docks along the pier.
A description of the current network of floating docks at the Stone Pier
A gangway that leads from the stone pier to a landing dock that measures 14' wide and
extends out 24' into the harbor,
Two floats extending along the pier to the north from the landing dock that measure 16'
by 16'. There is enough space on these docks to store 8'-10' dinghies on top of the dock
and still have enough space to access dinghies that are in the water and tied to the dock.
Four floats extending along the pier to the south from the landing. The floats are 6'
wide. The first float is 20' long and the next three floats are 16' long. There is only
enough space on these 6' wide docks to store dinghies in the water, tied to the docks.
One float 6' wide and 16' long at the southern end of the four floats that extends out
into the harbor forming an Lshape.
Proposed Recommendation
The total length of the floating docks along the pier, including the landing and the Ldock at the
southern end, is 120'. Ifthe City replaces the docks in-kind (the current dimension and
configuration of the floats.) it would include replacing a total dock surface area of 1,353 square
feet. Using the current cost per unit price of $35.00 per square foot (obtained from a current
State of Rhode Island Master Price Contract), an estimated total cost for new docks would be
$47,320.
As an alternative to this plan, the Waterfront Commission is recommending that as the City
replaces the existing docks, it considers increasing the width of the docks that extend along the
pier, south of the landing. The width of these docks should be increased to 16'. This would be
the same width as the two docks to the north ofthe landing. This would allow additional
dinghy storage on top of these docks as well as.in the water. The City engineering staff in
cooperation with the Harbormaster should identify an appropriate site plan for approval.
As an example, one potential combination of larger, wider, docks is offered. It includes three
docks extending south along the pier measuring 20' long and extending out into the harbor 16'
and another "landing" at the end of the three docks measuring 14' wide and extending out into
the harbor 24'. The second 14' landing at the southern end would provide an important access
point to allow dinghy owners to lift and drag dinghies into place along the 60' (three 20' long
docks) length of docks to the south. This would be much easier and less congested that
dragging dinghies all the way down to the end ofthe southern series of docks from the one
existing landing at the northern end. A second gangway connecting the new landing to the
stone pier would not be needed. This entire assemblage of new docks, would still measure
120'along the pier and would fit into the space that is currently occupied by the existing docks.
A l s ~ , these new, wider, docks could still be tethered to the existing network of pilings. No new
pilings would be required. The dimension ofthese new, wider, docks would significantly
increase the total surface area of all of the docks to 2,144 square feet. Based on the unit cost of
$35.00, the estimated cost of the wider docks would be $75,040. However the potential gain in
additional dinghy storage would be significant and would assist in reducing the crowding that
currently exists at the Stone Pier.
John O'Brien, VP Newport Waterfront Commission
October 2011
, [- or-I}
'I'
HE
PRESERVATION SOCIETY
OF NEWPORT COUNTY
BOARD OF TRUSTEES
Donald O. Ross - Chairman
Angela Brown fischer - Vice Chairman
Carol C. Ballard - Vice President
David P: leys - Vice President
Angela L. Moore - Vice President
Monty Burnham - Treasurer
Peter S. Damon - Asst. Treasurer
Arthur W. Murphy - Secretary
October 19, 2011
Dear Councilors,
Sincerely,
That it is a design by Maya Lin will make it all the more attractive to visitors.
www.NewportMansions.org Fax: 401-847-1361 Phone: 401-847-1000
e Director
Doris Duke had a vision for the space, to make it a focal point in downtown
Newport. The newpark design reinforces that vision, with improved lighting,
better sight lines, and the creation of much more welcoming spaces for the public
to sit, relax and reflect.
The creation of the park in the 1970s is itself a part ofNewport's history. Many
Newporters will remember Egan's and Walsh Brothers standing on that site. In
fact, buildings have stood on this spot since Colonial times. The proposal for the
new park pays homage to the site's past with several stone foundations which
will recall the historic buildings that once existed in the area.
The Preservation Society ofNewport County supports the Newport Restoration
Foundation's new plan for Queen Anne Square, We believe it is a thoughtful,
sensitive approach to reinvigorating a public square that was originally created
less than 40 years ago under the leadership of Doris Duke.
Members of the City Council
City ofNewport
City Hall
43 Broadway
Newport, RI 02840
We urge the City Council to accept this gift.
. ,
Newport's legacy of preservation is what makes it such a special place; but we
can't just put the city under a bell jar. This proposed gift honors our city's
preservation legacy.
424 Bellevue Avenue, Newport, RI 02840
CEO/EXECUTIVE DIRECTOR
Trudy Coxe
Duncan A. Chapman
NancyW. Cushing
Kim Darden
David B. Ford
Sarah. M. Gewirz
Ala Isham
Eaddo Hayes Kiernan
Elizabeth W. Leatherman
David E. P. Lindh
William F. Lucey
Ronald K. Machtley
John D. Muggeridge
Andrew K. Reilly
Eugene B. Roberts, Jr.
Alice D. Ross
MaryVan Pelt
Mark E. Watson III
William F. Wilson
William N. Wood Prince
INTERNATIONAL COUNCIL
Armin B. Allen - Co-Chairman
Earl A. Powell III - Co-Chairman
Jolin Winthrop Aldrich
Theresa Elmore Behrendt
James D. Berwind
Bonnie Burnham
Dr. Johan Cederlund
Maureen K. Chilton
Alec Cobbe
Count Denis de Kergorlay
Claudio Del Vecchio
Debra Del Vecchio
Nancy Dubuc
Peter Eltz
Henrietta H. Fore
Morrison H. Heckscher
Robin Herbert C.B.E.
Brooks Lobkowicz
Robert B. MacKay
Pauline C. Metcalf
Richard Moe
Peter Pennoyer
Mary S. Phipps
Louis G. Piancone
Anne L. Poulet
Dame Fiona Reynolds DBE
Sir Hugh Roberts GCVO
Charles M. Royce
Deborah G. Royce
Tracie Rozhon
EI Marques de Santa Cruz
Henrietta Spencer-Churchill, BUD. FIDA
Vladimir I. Tolstoy
Diane B.Wilsey
Richard GuyWilson
John G.Winslow - Chairman Emeritus
Silvia, Kathy
-rom:
,ent:
To:
SUbject:
Attachments:
November 2, 2011
Laurence CUller [Iculler@americanillustration.org]
Wednesday, November 02, 2011 11:38 AM
Silvia, Kathy
LETTER (LONG) TO CITY COUNCILLORS
LSC Resume 11.2.11.doc
Re: NRF Proposal for Queen Anne Square
Hon. Mayor Steven Waluk and Hon. City Councilors:
INTRODUCTION
This letter is written after much consideration of the NRF/Maya Lin proposal at hand and its revised
version at the library. The proposal itself is contentious at its core for it has many serious and obvious
faults to the professional eye, they add up. Some others are immensely important to the City and its
future. If this project is accepted it would be precedent-setting and thusly detrimental to commerce
and the sensibility of our citizens when making other choices in a future quite unknown and
sometimes frightening today. Those points go to basic philosophical issues as to the basis for
Newport's future survival as an historic architecture and preservation tourist destination.
All this palaver has caused folks to choose sides and there is much ado about the merits and the
faults which will persist, until you make your final decision.
As a professional architect and urban designer, as well as CEO of the tax paying, nonprofit
National Museum of American Illustration Museum in Newport (ranked No.1 attraction of 64
attractions in Newport by Trip Advisor for last year and most of this year), I offer my observations. My
professional credentials are attached, which are put forth as an indication that I have broad
experience with matters of this kind, both nationally and internationally including projects such as the
JF Kennedy Presidential Library Environmental Impact Study. That project entailed dealing with 142
community groups screaming and shouting to keep the Library out of Cambridge, Mass., and a Blue
Ribbon Panel of 4 Nobel Prize-winners as watchdogs over my work.
I understand your plight.
I understand this project, its meaning and its failures.
So, I have great respect for the City Council and the sacrifices you make personally for your
beliefs and your dedication to this City and its well-being, a sometimes thankless job.
However, I want to share rny concerns with you prior to the final decision-making step for it is so
important for you to make the right decision. I have prepared a list of items worthy of your serious
consideration, and they follow. Along with my issues list below, I have attached a memo received
from Paul Spreiregen, the architect and urban planner who was the Professional Advisor to the
Vietnam Veterans Memorial Competition (resume attached)-he ran the entire project, start to finish.
Paul selected the Jury which selected Maya Lin's winning entry. I asked Paul to visit Newport (we had
never met before I invited him a couple of weeks ago), he was not paid for his efforts, and we knew
each other only by reputation and books authored by each of us. He came and met with local folks-
pro and con, visited the site, reviewed the drawings and pondered the entire situation, he even
;ketched Trinity Church and the parkland. Paul specifically stated that it was not his place to criticize
Maya Lin, but only view the design and opine on its intended use and make judgments on objective
issues alone as well as alternative approaches should this project be denied permission to proceed. I
also received his two alternatives, but this is not the place to discuss them, this is rather the place to
1
try to stop a big mistake from occurring.
Paul's attached memo is clearly fair in every respect and he is wholeheartedly against the NRF/Lin
oroposal as being something negative for Newport. Maya Lin is not mentioned.
My reason for bring Mr. Spreiregen here was primarily that I know the individual donors to this Lin
project-they are sincere and benevolent to the core-and they wish to always do the right thing and will
continue in their support of community, worthwhile and benevolent needs. Two of them are on our
NMAI Advisory Board including Mrs. Robert Charles, Chairperson, Bd of Trustees of the NRF and
initiator of this project. I wanted Paul to come up with some alternatives for the NRF and the donors,
rather this obvious big mistake.
Everything about the proposal has a problem and since the pledges were made to the tune of
$4.0 million, and the limelight is so strong on this proposal, I wanted to see from Paul's eyes, if there
were any alternatives, massaging of the proposal, alternative designs, perhaps an international
competition, or something else that could be done. My goal was and is that the donors and the NRF
not make the huge mistake which their current posture will create if they move forward and you
approve the project. Paul Spreiregen's Five Items says it all.
This project should not happen.
My 20 items tells another part of the same story-there are too many incorrect aspects of this
project, it is being run by amaturers and it should be unanimously rejected by City Council for the
benefit of Newport, and to protect my friends and colleagues amongst the donors and at the NRF
from creating something which I predict will be torn down within three years if constructed, for lack of
use, unattractive appearance, cost of maintenance and other reasons-it will fail without question.
Please save Newport from this major mistake.
Maya Lin Shoots an Arrow into the Heart of Newport
Design Scheme for Queen Ann Square in Newport
Prepared in opposition to proposed Maya Lin Design
Preface:
.The late philanthropist-socialite and architectural preservationist Doris Duke's Newport Restoration
Foundation (NRF) along with its latter day offshoot, the Doris Duke Monument Foundation
(DDMF) is proposing Newport's Queen Anne Square (QAS), given by Doris Duke to the City for use
as a public park, be turned into a monument to Ms. Duke.
The NRF envisages "to pay tribute to Doris Duke and historic preservation in Newport ... " by
constructing a Maya Lin designed 'artwork' in Queen Anne Square park.
NRF was founded by Ms. Duke in 1968 to rescue historic colonial properties. It owns 82 historic
structures of which 70 are occupied residences. The mission to preserve, interpret and maintain
landscape and objects reflecting Aquidneck Island's 18th &19th century architecture. It has sold
several properties since their respective architectural detailing was not up to par, meaning not as
authentic as desired, yet they now propose constructing faux building foundations in QAS. NRF
considers the Maya Lin fake foundations to be an 'artwork' and proposes placing them in QAS park
as a "monument" to Doris Duke who removed the real foundations on that very site. They were
demolished due to abandonment and historical insignificance. Ms. Duke wanted the land to remain a
green park when she gifted it to the City in 1976. Oddly, the NRF now suggests honoring
preservationist Ms. Duke decades after she created a green park by demolishing worthless
.'oundations of historically insignificant and derelict buildings, on that same site.
NRF is offering this unsolicited artwork as a gift to be constructed on City park land owned by
Newport's taxpaying public. NRF has a $4.0 million funding budget including a
2
$500,000+maintenance endowment, pledged by several well-intentioned donors, plus the Doris Duke
Charitable Foundation and Newport Restoration Foundation. The park is to be managed and
administered by DDMF, which in effect means a Doris Duke foundation will regain effective control
ver QAS, although now a publically owned park.
The Maya Lin concept as originally proffered and recently revised is a preposterous maltreatment of
Doris Duke's memory and an insult to Newport's authenticity. The revisions do not deal with the
continued use of Lin's unacceptable concept of using several fake, shall0w, foundations as benches
and calling them an "artwork."
Art is not art because the creator calls herself/himself an artist and deems her/his efforts to be art.
There were two serious design errors apparent in the preliminary plans which have been corrected,
but these particular errors speak to the point that the designers are inexperienced and
unprofessional in park design.
1). Stone dust was proposed as ground cover material, it is not used in parks on pathways, but is
rather a base material for brick patios, highways, and the like. It harbors weeds which require poisons
to disperse (children crawl on the ground in parks) and it retains water causing frost heaves, and in
summertime clouds of dust kick up from shoe heels, etc.
2). The Lin design team omitted ADA required ramps for handicapped accessibility. The lack of
ramps was mentioned by a citizen and later cured by Lin's office.
After more than a year of working on this project, these two design errors indicate they lack
professionals with relevant park experience on this project. Furthermore, such errors indicate other
major errors must have been or may be made if this project progresses as is.
Ms. Lin is not a registered architect. Ms. Von Gal, her associate, is not a registered landscape
architect. If the Lin scheme is called a "work of art," there are no limitations. If one does not
mderstand what the work of art means, is your own fault. For an artist, there are no rules which need
De followed to create an 'artwork.' No building codes, nor ordinances since it is on City land.
The NRF stated in the Newport Daily News on October 27, 2011, that the latest revisions "... achieve
all the things people told us they wanted to see in the new design." Not True. The concept itself is the
major fault, all the little stuff can be picked at and adjusted, it is the concept that is faulty and should
be thrown asunder. An entirely new concept should be devised by professionals and the public has
stated such over andover again.
It is my opinion that the proposed Lin project is not a creative statement, is devoid of
. significant meaning and of no particular relevance to Newport's prominent history. Historic
Newport is authentic and Lin proposes creating something fake in the very heart of the City.
Maya Lin and Name Recognition
While the NRF had an idea, it is not a good idea. The donors have good thoughts to benevolently
support Newport's efforts at beautification and provide better public amenities. After their donation
pledges were solicited, the donors are now forced into supporting a faulty concept just because a
celebrity has designed what she calls an artwork. It is a condemnable design.
The NRF itself does not see the faults as they are blinded by Lin's celebrity status for her only widely
known project, the 1981 design for Vietnam Veterans Memorial in Washington. One cannot name
another project since.
The NRF assumes the proposed project will be universally recognized because celebrity Maya
Lin agreed the design commission. Pieter Roos, Exec. Director of NRF and DDMF, said "getting her
(Lin) on board is a major coup for us... " and in the same breath also states, "if we change too many
things, she will walk away from this project... "This intransigence was confirmed when Dale Clark, a
Newport citizen met her a few weeks ago as she visited the QAS site. In a conversation, she blithely
commented, "I feel my project is a work of art, and it should be accepted by and not be altered by the
public. Nobody in Newport can come to an agreement." Clearly the lip service changes recently
3
made by Lin were made to halt criticism, but more importantly, the essentially bad concept remains
intact. It is the concept which must change, not just putting backs on seating, nor reducing the size of
the phony foundations, or reducing tree sizes, the Lin concept must change altogether.
Her attitude does not take into consideration the need for real community input. However, the
possibility of community participation will be foreclosed due to an impending agreement between the
City and the NRF regarding maintenance and administration of QAS. The NRF already submitted an
agreement to the City Solicitor. Such an agreement must give taxpayers the opportunity to make their
thoughts known. It is apparent that the Community must have a thoughtful voice in the entire process
and yet citizens are being cavalierly brushed aside. Pieter Roos said that "the time for public input is
over," he has had over 60 briefing meetings. Yet, the recent design changes are small gestures giving
NRF the ability to say, we have accommodated the public's desires, that stage is over.
The opposing public does not want the Lin concept at all-PERIOD. I hasten to remind that no
matter how the proponents define this project, it is the taxpaying citizens who own the land.
The initial NRF thought was that Ms. Lin's high profile name would draw attention to Newport in
general, and to the Doris Duke monument, in particular. And if that were so, it would gain instant
notoriety. However, a problem in that respect looms because other parks she designed have been
unsuccessful in spite of her star status. While showered with awards and honors gleaned from her
first project-it remains an unmatched homerun. The anticipated magnetic attraction of her name so
sought after by the NRF, is actually questionable given her past history with parks, and the current
reaction to this design for Newport.
Possible Derivations of the Lin Concept:
Ms. Lin's design for Newport is to a large extent derivative of her own 2004 design for a park in
her hometown Athens, Ohio. Her park designs are neither earth-shaking creatively nor adequate as
practical design.
a). Maya Lin's Bicentennial Park at Athens, Ohio is cited by the media as having been a park
which "once widely used' prior to Lin's redesign, and now is subsequently "largely unused..." With
nearly identical foundation-like structures, they are shamelessly similar to those proposed for
Newport. Why should they even be considered for replication in Rhode Island, it is a ridiculous
thought. Does the NRF not know of this Ohio failure, and if so what is wrong with them? (see:
www.suckypublicart.com <http://www.suckypublicart.com> )
b). Ghost Foundations: The use of foundations as a part of memorial tribute was born in a
well-conceived concept by world famous architect RobertVenturi at Benjamin Franklin Court in
Philadelphia for the 1976 National Bicentennial. That design drew heavily from extant archaeological
ruins of Franklin's house foundations coupled with contemporaneous letters from his family describing
the house long lost to the ages. The National Park Service (NPS) site has meaningful content, historic
relevance, elegant design and is widely heralded. A universally well-received design, user friendly
and educational, its foundations have true meaning and inspire others to highlight foundations
properly, they are not callous NRF funded 'fakes.'
Palimpsests and Reality
NRF allusions to palimpsests as a metaphor for this project is a pedantic sideshow without relevance.
Whomever suggested Maya Lin's idea was tantamount to a "palimpsest" as the basis for her
concept is patently wrong. In the past, Lin has taken ideas and given them form in a minimalist way,
as if artistic and declared them art works. At Queen Anne Square, Ms. Lin missed the boat and fails
artistically and practically. To be specific, a palimpsest is an overwritten manuscript with new writing
on parchment where earlier inscriptions have been removed. The new writing is not representing
'\omething old like faux foundations, nor is it a copy of anything, it has to do with something
completely new on a revived parchment. As a NRF metaphor for the proposed construction site in an
existing park, the essentials are missing. The demolition process removes everything, the site at
Queen Anne Square left no ruins in 1976. Maya Lin's proposal is not like a palimpsest, her proposal
4
is something totally new and totally bad design. The idea that a pseudo-rep!ication is something
historic, especially one which had no original redeeming value, is ridiculous. Even the NRF partyline
that the foundations are now derived from actual foundations once on the site, is a fiction.
It is not a palimpsest for inserting fake foundations on the former sites of buildings, nor is it
parallel to the use of ancient writing techniques on reused parchment, even as a metaphor.
Newport as a city is a palimpsest by having replaced old buildings with new in cycles for
generations. Luckily, valuable and important edifices remained throughout. What Lin proposes is
merely bad design, and is an insult to the palimpsest that Newport itself has historically and
morphologically become (until this project).
The NRF must have had an underlying wish for Maya Lin to burst forth with creative energy
and sound spirit to drive her design concept into a position of significance honoring their founder
Doris Duke, but to no avail. It was a bad idea in Ohio, a bad idea here!
Doris Duke was 'Hands On' with QAS &Trinity Church
Ms. Doris Duke (1912-1993), according to her right hand gardener and caretaker Peter Kent,
had daily meetings with her and contractors in QAS during its construction. She selected the trees,
other long gone plant materials, and shaped the landscape with her guidelines. Kent said that "Ms.
Duke stood on the bulldozer and instructed the operators as to how she wished to mold earth
contours and where to plant a tree or move a boulder. " Sightlines from the street below were
developed by her and they worked well for many years. Neighbor Anita Rafael, substantiates what
Mr. Kent has said as Rafael crossed the QAS park almost daily and witnessed the scene. Ms. Duke
conserved the land area and purposely enhanced views to and from Trinity Church. Trinity's
congregation received an enviable setting for one of Newport's greatest architectural and
ecclesiastical masterpieces in a town square-like setting. Now that is threatened with Trinity
potentially becoming simply a backdrop for a bunch of fake building foundations.
Major Issues Regarding NRF's Inappropriate QAS Proposal
1). Revised Lin Design Unacceptable for National Historic District: When Maya Lin's revised
design is presented to the Historic District Commission (HOC), it will be unanimously rejected for
proposing the use of imitation building parts. HOC does not even allow insulated glazing unless an
exact replication of Colonial fenestration. HOC can not approve a project of partially built fake building
foundations 'cleverly' concealed under the moniker of being called a "Monument." The foundations
envisaged are quite unlike the demolished building foundations. They are slated to have concrete
cores, therefore not authentic replications. The actual materials, stone, details, anon, are unknown
explicitly following demolition 40 years ago. No ruins remain. The fakes would not meet NRF's own
selection criteria for Colonial restorations and a fiction to suggest such.
This Lin design will not pass HOC, and as a so-called 'artwork' without sensibility and no good placed
in the heart of authentic Newport.
It can not get HDC approvall
2). Lin Concept - Did Not Work Prior - Does Not Work Now
NRF must have convinced Lin to make minor changes in her ill-conceived design. Vietnam Veterans
Memorial (WM) competition professional advisor, architect/urban designer Paul Spreiregen picked
the jury which picked Maya Lin's design as winner, remarked while visiting Newport after reviewing
site, plans, pros and cons in the press, and public meetings, stating "Lin's design has to be .
waluated on its own merits as an urban park design.... The site simply calls for an ordinary
green town park... (Lin's design) is a rather dubious concept... the wrong solution." Her Ohio
project failed as a park, and is nearly identical to what she proposes. The revised proposal continues
using fake foundations while now stating they "represent actual foundations," rubbish! Actual
5
foundations were demolished by Ms Duke, the intended recipient of this ridiculous "monument." New
locations for smaller fake foundations are lip service to the lost actual ruins. Even newly proposed
smaller trees are a sad, unwelcome change. At less than half their original size (8-10in. caliper), now
11y 4in. caliper, or 1 3/4in. width to the eye, they are measly twigs and unworthy of the name 'Tree'.
I!Vhere is plain 01' American sensibility? ProJo critic-Journalist David Brusset said regarding Lin's
design, "it is like everything in our world today that has become untethered to reality." The
design changes were created to satiate the pUblic-they are not enough. The concept remains
universally unacceptable to the public and experts. This project was a misstep, a misfit, and a
mistaken blunder from the start.
The Maya Lin concept has been already proven not to work!
3). Newport's Application for UN World Heritage (UNWHS) Site Designation:
If Lin's concept is approved and realized, Newport will suffer a major problem. It will never get the
chance to be designated UN World Heritage Site (UNWHS). Such a designation could have opened
our tourism to new audiences. A 2005 Newport City Council (CC) Resolution said "it will foster
worldwide attraction to Newport by the international tourism market and the prestige of the
designation... "
Additionally, Lin's concept realized could destroy Newport's reputation in historic architecture and
preservation fields.
It could set a negative precedent by allowing the construction of other fakes.
The Preservation Society and Newport Restoration Foundation (NRF) could share universally bad
publicity, their names blighted by City approved architectural fakes.
The name 'Newport' would have a different meaning thenceforth.
A fake monument tied to high-profile Maya Lin online could virally capture cognoscenti and then
filter worldwide. The message that Newport permits anything a renowned designer creates, including
'hony building foundations dressed as monuments, would arrest our reputation as a touristic
Jestination.
CCResolution #2005-145/146 promoted "recognition of Newport's...significant
architectural attributes...," our proposal promoted "...a national cultural identity through
architecture and landscape." 'Fake foundations' do not sound like another CCResolution stating
" ... outstanding values should be preserved for future generations." NRF's Exec. Direc. Roos
must remember those words and understand them inthe context of the Maya Lin proposal?
Even the Preservation Society's backing the construction of phony copies of demolished
foundations torn down by the City's leading historic preservationist is certainly not an example of
"outstanding values"? The UN Ethical Code states "Preservation is imperative...property
owners must commit themselves to preserving the historic character of the site forever."
Cities are required to agree to this provision. After reading the code, Roos (co-chair of our Newport
application) said " the World Heritage List restrictions are less stringent than those of the
City's (Newport) requirements." So, why would he now propose something so egregious? Have
ethics and values run so amuck, that proposing fake construction at the City's heart is a good thing?
Roos, Exec. Direc., NRF and new parallel job as Exec. Direc. DDMF, was Co-Chair of Newport's
committee attempting to get the City listed as a WHS-it was rejected. He did agree in principle to
ethical preservation standards, but what happened since, did the rejection change his mind?
Now comes Mr. Roos, oddly promoting in the Historic District, a Disney-World of faux building
foundations. While Newport has long given exceptional testimony to the evolution of American
cultural identity and civilization... but "never before with fake foundations promoted as a Monument to
a preservationist."
IJtterly Preposterous!
3uch phony-baloney hardscape will make Newport the laughing stock of the world of preservationists
and a longterm loser in historic preservation, restoration and American cultural tourism.
6
4). An Earthwork Tribute by "The Reluctant Monumentalist"
The proposed tribute to Ms. Duke is to be an Earthwork Installation artwork designed by celebrity
designer/artist, Maya Lin, winner of Vietnam Veterans Memorial Competition. Winning that
ompetition propelled Ms. Lin in 1981, a 21 year-old architecture student to instant fame and success.
roday, neither a practicing licensed architect nor registered landscape architect and is reported to
have said:
"I see myself as an artist who happens to love buildings. "
In her book Boundaries (2000) Lin remarks, "I retired from the monument business...not
wanting to be typecast."
In a 2002 interview with Louis Menand, "I have fought very, very hard to get past being known
as the Monument Maker."
She stated in 2008, "I am no longer in the monument business."
Yet in 2011, she now struggles with a monument project, but perhaps not so
enthusiastically. Her designs for Newport clearly indicate that her heart is indeed not in
designing monuments.
5). Bad Idea: The project currently proposed for Queen Anne Square (QAS) is a very bad idea.
As an internationally registered architect, urban designer and former professor in Architecture
and Urban Design at Harvard, M.I.T., and RISD, as author of Recycling Cities for People: the Urban
Design Process, in my opinion the proposed design by Lin of a park and monument tribute would fail
a first year design course.
As a former instructor & teaching fellow at Harvard University's Carpenter Center for the Visual
Arts, having worked and taught with international artists: Yakov Agam, Toshi Katayama, and Bruno
Munari, in my opinion as a work of art the proposal by Lin lacks content and skill. is not artful. It
arbitrarily plays with shapes and words and would fail a basic design course or art project.
0). Inadequate as Park Design: While Lin refers to her proposal as an artwork and herself as an
artist. It lacks proper function, historical content, is inadequate as park design, and is not artful. Lin is
neither a registered architect nor a registered landscape architect, nor is Ms. Von Gal, her designated
landscape designer. Therefore, calling this a "work of art" lets them 'off the hook' with normal park
design criteria. It is not art for it has neither content nor skill needed to accomplish it. Recent plans
prior to revisions, proposed usage of stone dust and did not have ADA handicapped entries into the
foundation structures indicating a gross lack of know-how for public park design on Maya Lin's team
of designers.
7). Doris Duke - A Monument: Ms. Duke did not self-aggrandize nor emblazon her name upon her
NRF 80+ historic Colonial house restoration projects. It would be wonderful to memorialize her
properly in some other place, and in a more orthodox manner. Perhaps a lifesize statue. This plan is
an insult to her memory by its nature and an affront to what she did for the City in general, and on this
site in particular.
8). Trinity Episcopal Church-A Masterpiece: Trinity Church, an ecclesiastical and architectural
masterpiece sits at the head of QAS park land. It should not become a thoughtless backdrop for fake
building foundations.
9). Queen Anne Square Public Park: The proposed fake building foundation structures and
hardscape added to an essentially green park is against Environmental Protection Agency
recommendations for urban parks. Hardscape will negatively affect microclimate and the macroscale
environment. It is the opposite of what others are trying to do today in park design.
10). Doris Duke's Goal for the Park: The current Lin proposal violates Duke's primary goal to create
7
a public park as an open space, without hardscape other than and walkways and emergency
vehicular needs.
1). Violates Deed Restriction: The proposal violates Deed Restrictions and precludes the Lin
design altogether. The Deed Restriction of October 28, 1981, reads "... the said park... shall not be
used for...building(s) or structure(s) temporary or permanent... " Erecting foundation walls, which are a
part a building structure is a clear violation. It is not a "monument" which is defined as an indentifying
mark or a written tribute, but is definitely not a so-called "park design artwork." That word 'monument'
is solely used to create a fiction (to get around the deed restriction if possible) about what this project
actually is-it is a celebrity designer hired for her name recognition to use Newport as a palette for a
creation which she calls "artwork" and which does not belong on this site.
12). Worse than Status Quo: The Lin proposal is incompatible with its Trinity Church setting. This
proposal will fail to fulfill its suggested potential and NRF's implicit historic claims go unnoticed, and it
ultimately proposes something worse than the status quo.
13). Design Irrelevant, Money Important: Many Newporters feel the design is irrelevant if the park
is upgraded for free. They say that Maya Lin is famous and all else is hunky-dory. The common
thought is that the NRF is gifting $4.0m. This is deceptive: only a $500k maintenance endowment
fund is being gifted and interest today is less than 1 1/2%. The $3.5m. balance is not needed by any
stretch to construct 3 partial building foundations (less than a small house foundation), add 16 skinny
trees about 4 inches in diameter, regrading, upgrade grass, additional lighting with 2 security
cameras, infrastructure, pathways, irrigation, Wi-Fi, fountain, inscriptions, a shed and any gifts
promised Trinity Church and design fees included, at least $1.1-2.0m. should be left over. The
biggest job is the small foundations and NRF has the stone already. But that balance of $1.5-
~ . 4 m i l l i o n is not designated for Newport and it is NRF business as to where it goes, not the public's
ousiness. The City stands to receive only the periodic income from $500k and whatever protections
are provided for in the agreement between Attorneys Murphy (NRF) and Nicholson (Npt).
14). Leave Well Enough Alone? One does not look a gift horse in the mouth, so sayeth Newport
City Councilors. Perhaps a QAS renovation is needed with updated lighting and security systems,
new plant materials and trees, better grooming, viewshed and sightline analysis, pathways and
circulation systems, benches, Wi-Fi, an interpretative sign with rules. of use, local information, and
didactical materials, one could argue for such a scaled down undertaking and forget Maya Lin and the
artwork portion altogether. Yet, the bottom line is still the actual maintenance cost and the proposed
endowment which will not scratch the surface meaning Newport may accept an animal, it can not
afford to feed, in perpetuity.
15). The NRF Primary Goal is to Use Maya Lin: No matter the design, successful or not. This in
spite of the fact that she told the NRF, Pieter Roos, "ifthere is much change to my design, I will walk
away from Newport." Chillingly, a Newporter met Lin in QAS park, visiting the site. He introduced
himself and in the course of conversation she said "it is a work of art and should be accepted as is,
and not altered by the public." She continued "nobody in Newport can come to agreement on
anything and it is my work of art and I am not about to make any major changes. ,; On Newport
Patch.com, Pieter Roos said, "... the timeline for the project is lucid and the NRF is prepared to take
as much time as is necessary to gain feedback from the public on issues such as graffiti prevention,
skateboarding, and misuse." This means the small stuff, like removing graffiti with a power washer
and such! Pieter has also said, Lin's design comes to Newport in "fairly complete form", but is not set
in stone...Lin's concept may be allowed to somewhat deviate from her original design, but if it drifts
too far from the original concept, she may revoke her artwork." So what to do, either let her try
something more fitting and useful or let her gracefully leave.
8
Afterall is said and done, more is said than done and Newport is a wonderful place even without fake
building foundations in the middle of our QAS park.
S). Nothing of Substance Has Been Proposed as Yet by Lin or NRF: There are no analytical
studies, no spatial relationships between faux foundations, each other, and land forms; no locations
identified for the sedentary or active users; no dimensional relationships nor dynamic symmetry
diagrams; little seating other than on foundation caps, no active park use areas set aside, nor
hierarchal zones for differing activities, no pedestrian network, emergency or maintenance movement
systems, no night lighting plan, no seating lighting plan, no emergency call box location, no phased
planting plan, no seasonal usage plans, no solar or lunar diagrams to locate trees and activities, no
meaning to the project other than the excuse for the project itself and the spotlight on the designer
selected. No shade or shadow analysis, no materials usage and locations identified. If we had such
information, we would all know just how faulty this design actually is, but nothing much has been
divulged to date and yet the NRF ramrods the concept towards a City Council vote.
17). Even A Na"ive Idea is Better Than No Idea: One can suggest that a certain design should be
executed on this land and thusly pay homage to Mother Nature and Trinity Church, but that is
simplistic, a naIve idea. But where are the ideas in Lin's proposal, other than the preposterous non-
idea she has already?
18). This Land is Our Land, Not A Shopping Center: Such a proposal causes us all to realize
many things, one is that someone wants to change the entire nature of QAS, a drastic and shocking
thought. It isas if a real estate developer came to town and asked you to put up a piece of land to
become a partner in a Shopping Center development project. We taxpayers could make a lot of
money and without any investment and each of us be partners simply by signing over the deed in
xchange our portion of land ownership. In this case, no profit and the land was given to all of us by
,Vls. Duke to be used as a public park, not to be used as a tribute to her or to sell for a profit to a
Shopping Center developer. It was for us to use, and not to be a site for another Maya Lin artwork. It
is our land, and what we really want to do with it must be considered above all else, most seriously
and not so fast as some want to go.
19). This Park is Ours, and Does Not Belong to the NRF, Nor Maya Lin for her Exclusive Use as
a So-Called Artwork:
It is incorrect for the City Council to not look analytically at the design. If it does not make sense, if it
does not work with the Comprehensive Land Use Plan for Newport or if it is an absurd abstraction so
that the park is over designed, or underdesigned, or if the users are lost in the shuffle, and
government is solely looking at the money as a gift, arriving at a quick agreement with NRF, just
satiating politicos, and oblivious donors is not enough. In a democracy, a public park must serve the
. public first. DDuke gave us an open space to be used as a public park, and not as a palette for Maya
Lin to create something else which she can call "artwork. "
20). Maya Lin is Not a Reason to Continue on the Wrong Path
There is serious opposition amongst Newport's bona fide taxpayers against the City's ramrod
process to sign an agreement with NRF when no one has been given even a ballpark number on
maintenance expenses for QAS for this proposed project and yet, they may soon approve a wholly
inappropriate design for Queen Anne Square (QAS). The reality is that Newport faces great financial
pitfalls if we accept the high profile Ms. Lin's design. The NRF may have thought they were doing the
-ight thing, hiring a famous designer to get publicity and a creative solution, but they got a park design
,Ike that in her hometown, a failed antecedent to the current proposal.
Furthermore, putting a shovel into the ground at a site that formerly contained a Commercial
industrial laundry dry cleaning plant, a gas station up gradient from the proposed pits, a plumbing
9
supply company not to mention houses that may have had underground storage tanks for heating fuel
oil, Newport may end up with contaminated soil and groundwater problems which requires a pump
and treatment system like the one behind the Court House which will not go away until DEM issues a
tter of no further action.
Proposed Design for Queen Anne Square in Newport RI
of
The Doris Duke Monument Foundation and Maya Lin
A FivemPoint Critique
Prepared by PAUL SPREIREGEN FAIA
The criticisms and reactions against the Lin design for Queen Anne Square
have been amply articulated in numerous and recent newspaper articles.
These criticisms can be grouped into five categories. All can be summarized
by the physicians' Hippocratic oath: "first, do no harm".
An alternative approach for improving Queen Anne Square is subsequently
offered, and described in a concluding two-point proposal to be presented
after the current debates subside.
The Five Criticisms:
1
Authenticity
The Lin proposal isan imitation of the historic past - false building
foundations and imaginary quotations. Newport has no need for historic
imitations. Newport has and is the real thing. Newport's great value is that it
is genuine, authentic. Historic imitations only degrade and confuse the
genuine. Newport's visitors co.me here not for imitations; they come for the
. .
real thing.
2
Functionality.
The Lin design, rather than make the park more amenable and useful, does
the opposite. The positions of the park's pathways are quite functional as
they are based on established movement routes through and across, an
.:.>riginal idea of Doris Duke, following a method long used in college
campuses. The sitting pits (faux foundations) that Lin proposes will
10
preclude other normal uses of the park. As for sitting, the Lin design
proposes stone benches without backs. But even with backs, as now
:ccepted by the NRF, stone benches in New England curtail their use in
spring and fall due to the cold. The sitting pits (faux foundations) will also
pose maintenance problems, and require an unnecessarily complex
maintenance routine. The Lin design for Bicentennial Park in Athens Ohio,
is a larger version of what she proposes for Newport, and is ample evidence
that this design concept is misconstrued. It does not work. It is of dubious
merit for a normal urban park, but especially so for one this small size (1.2
acres), where open space is quite limited.
3
Tourist Attraction
The idea that a design by Lin will increase tourism is highly questionable. It
may at first, because of the designer's name, but the design if implemented
is so banal that its allure will very soon vanish. It will be seen at best as a
curiosity, and for most tourists whose normal visit time is limited, it will prove
a disappointment, and will soon be ignored. It could at worst become an
easy target for derision. There are many far more interesting things to visit
.n Newport than this misleading design proposal. Newport's status as a
world-class historic site, an entire town no less, is what does and will
continue to attract visitors. Historic imitation or trivial designs only threaten
that.
4
Esthetics
Queen Anne Square is a green urban respite, a simple small town park, and
a foreground setting for Trinity Church, a classic work of 18th century New
England architecture and a principal Newport landmark. Lin's design would
add nothing to this composition. It would, rather, be an upstaging
distraction. Queen Anne Square is a simple passive green space in an
active part of town. It is entirely sufficient as a composition of grass, trees,
paths, benches, seasonal flowers and, possibly, a modest fountain.
5
Precedent
The Newport City Council is wrongly concerned that rejecting the Lin
design, a gift from the Doris Duke Monument Foundation and others, would
11
set a bad precedent that might threaten to preclude such gifts in the future.
It is my understanding that the individual donors are great benefactors of
\Iewport for many years and are resident and consistently support
worthwhile causes in the community, as have their families for generations.
However, the project itself could give Newport a bad name. But of more
concern to the Council should be the precedent that would be established
by receiving a gift of this kind, however well intended. There has been no
community involvement in the initial formulation or development of the
design. Instead the community has been put in the position of commenting
on a flawed fait accompli. This is bad precedent for both the community and
the design. And the design - assuming for a moment that it was a good one
- is now being subjected to diminishing compromises. That would be the
expected condition for any future such project. It would be a harmful and
unnecessary condition. To go about things this way establishes an
atmosphere of mistrust and ill will. And it jeopardizes the quality of any
future civic design.
PaulO Spreiregen FAIA IProfessional Resume
Paul Spreiregen is an architect, city planner, author and lecturer. A graduate of MIT, he was a Fulbright Scholar in Italy
and practiced in Italy, Sweden and throughout the USA. Long based in Washington, DC., Mr. Spreiregen served as an
officer in the US Army Corps of Engineers.
He has authored, co-a.uthored, edited, and contributed to 12 books on architecture and town planning. He has taught
and lectured widely throughout the US and abroad. His lecture subjects range from the planning of the United States
since its colonial settlement to the urban development of Paris in the past half century. He was the Emons Distinguished
Professor of Architecture at Ball State University. He has also taught as visiting professor at the Harvard Graduate School
of Design (Landscape Architecture), Yale University School of Architecture (Planning), the University of Pennsylvania
(Landscape Architecture), Catholic University of America (Planning) as well as for the University of Tennessee summer
program in France (Architecture). In 1964 he served on a federal commission advising on the post-earthquake
reconstruction of southern Alaska cities.
For 12 years Mr. Spreiregen wrote and narrated a weekly commentary for PBS on design, "Places for People". He has
been a constant traveler, and regards travel as a principal learning opportunity.
His architectural work includes a 400-car parking garage in the heart of historic Annapolis MD (designed so as not to be
visible from surrounding streets), a State Office Building in Akron Ohio, several water treatment plants in the
Washington metro area for the Washington Suburban Sanitary Commission and the US Corps of Engineers, and the
Maryland Vietnam Veterans Memorial. His planning work includes the original plan for the Boston Government Center,
a plan for the Golden Gateway in San Francisco, a plan for reVitaliZing downtown Washington DC, an urban design plan
12
for Alexandria VA, a landscape materials distribution center for the Weyerhaeuser Co. and a plan for the historic
northern Virginia town of Warrenton.
e has prepared a development plan for the Corcoran Gallery of Art and Art School, a similar plan for the Atlanta College
of Art, a Visitors Center for Mount Vernon, and a plan for the expansion of the principal clinical research building on the
campus of the National Institutes of Health.
His clients have included ATT/Bell Laboratories, the International Telecommunications Satellite Corporation, the World
Bank, the National Institutes of Health, the National Park Service, the US Army Corps of Engineers, the Washington
Suburban Sanitary Commission and a number of municipalities.
His public service career assignments include having been the first Director of Urban Design Programs at the American
Institute of Architects. While there he introduced the idea of "charette" community-participation planning programs.
He was the first Director of Architectural and Planning Programs at the National Endowment for the Arts. At the NEA, he
introduced the idea of NEA involvement in design competitions. He subsequently did a study of competitions for federal
buildings, contributing to the General Serices Administration's design competitions system.
He authored a seminal book on competitions "Design Competitions", a much used reference. He also chaired the
Competitions Committee of the AlA, which produced the "AlA Handbook on Competitions", a standard reference.
He has served as the competition professional adviser for a number of major design competitions, of which the best
known is the Vietnam Veterans Memorial in Washington, DC. An expert on design competitions, and their
administration, he proposed and ran the one that selected Maya Lin's design for the Vietnam Veterans Memorial. He
selected the jury of advisors that selected Ms Lin's design. He served as professional adviser for several other memorial
competitions, including the May SMemorial for Kent State University, the Vietnam Veterans Memorial for Maryland,
and the National Peace Garden. He was the professional adviser for several invited competitions, two of which were
lternational. These include the INTELSAT Headquarters and the $lbillion World Bank Headquarters, both in
Washington DC, and the ATT/Bell Laboratories Solid States Technologies Laboratories in Allentown PA, The Government
Plaza in Mobile AL, a highly complex project, was done as a one-stage open competition and was built on schedule and
under budget.
He has been in independent practice since 1970, which has enabled him to pursue a wide range of professional
interests. In that form of practice he has often been a member of a specially constituted team, a method he fayors since
the team is organized on the basis of appropriate and complementary skills.
He has been honored by The American Society of Landscape Architects, the American Planning Association, the
American Society of Interior Designers of which he is an Honorary Fellow, and the American Institute of Architects of
which he is a Fellow.
Respectfully Submitted by,
Laurence S Cutler
laurence S. Culler AlA RIBA, Chairman/CEO and Co-Founder
Nationall\Jluseum of American Illustration
Vernon Court
492 Bellevue Avenue
Newport Rhode Island 02840 USA
T: 401.851.8949 x.10 or x.30
F: 401.851.8974
E: Icutler@americanillusfration.org
Website: www.amerlcanillusirailon.org
youlube: www.youtube.com/thenmai
of American Illustration (NMAI) Is a nonprofit independent, educational, and aesthetic organization.
It IS located In Newport, RI on Bellevue Avenue at Vernon Court (1898), a Beaux-Arts adaptation of an early 18th century French chateau.
It is the first national museum devoted exclusively to American Illustration art.
illustration consists of original artwork created to be reproduced In books, magazines, newspapers and advertisements. 'Golden Age' paintings by such lumlnan"es as
Rock.well, JC Leyendecker, Maxfield Parrish, NC Wyeth, and more than 150 others are displayed In 'Glided Age' architecture, creating a unique union of arl and
architecture- It is COllsldered a national treasure.
The Museum Is administered by the American CiVilization Foundatlon, a nonprofit IRS approved 501 c3 organization with the goal to present the besl possible venue for
of illustration arl; the most AmeriCan of American art.
\; II Wi
I: !_':; \
1\ \\1 OCT 2 7 2011
STATE OF RHODE ISLAND L 'l
COASTAL RESOURCES MANAGEMENT COUN IL -'---"CIIY or ;<'[;,1
Oliver Stedman Government Center _.. ..... ._.
4808 Tower Hill Road; Suite 3, Wakefield, Rl 02879-1900
In accordance with and pursuant to the provisions ofthe "Administrative Procedures Act" (Section
42-35-3 of the General Laws of Rhode Island) and the Rule and Regulations of the Coastal Resources
Management Council, notice is hereby given of the intention of the Coastal Resources Management
Council to change the management plans, policies, procedures and regulations of the agency regarding
planning and management of the coastal resources of the State relative to Chapter 46-23 of the State of
Rhode Island.
The following changes are proposed:
Section 120
Variances
A. Applicants desiring a variance from a standard shall make such request in writing and address the six criteria
listed below in writing. Except as otherwise provided herein, +he-the application shall then be granted a.ft
Assefltvariance only if the Council finds that the following six criteria are met.
(1) The proposed alteration conforms with applicable goals and policies ill Flirts Twa alia Three ofthe Coastal
Resources Management Program.
(2) The proposed alteration will not result in significant adverse environmental impacts or use conflicts,
including but not limited to, taking into account cumulative impacts.
(3) Due to conditions at the site in question, the applicable standardOO cannot be met.
(4) The modification requested by the applicant is the minimum variance to the applicable standardOO
necessary to allow a reasonable alteration or use ofthe site.
(5) The requested variance to the applicable standardOO is not due. to any prior action ofthe applicant or the
applicant's predecessors in title. With respect to subdivisions, the Council will consider the factors as set forth
in (B) below in detennining the prior action of the applicant.
(6) Due to the conditions of the site in question, the standard will cause the applicant an undue hardship. In
order to receive relief from an undue hardship an applicant must demonstrate inter alia the nature of the
hardship and that the hardship is shown to be unique or particular to the site. Mere economic diminution,
economic advantage, or inconvenience does not constitute a showing of undue hardship that will support the
granting of a variance.
B. In reviewing requests for buffer zone variances for subdivisions offive (5) lots or less, the Council will review
on a case-by-case basis the extent to wnich the prior action of the applicant or its predecessor in title created or
caused the need for a variance, whether the applicant has created the need for a variance by the subdivision and
whether the subdivision complies with local zoning requirements.
C. Relief from a standard does not remove the applicant's responsibility to comply with all other Program
requirements.
D. Prior to requesting approval for a CRMC variance, in those instances where a variance would be obviated if a
variance for a setback were acquired from the local municipality; the applicant must first exhaust his remedies
before the local municipality.
CRMP Program Changes
October 21,2011
Page Two
Purpose: to clarifY how variances are granted relative to an applicant meeting the section's criteria;
and, to make editorial revisions throughout.
Section 300.6
Treatment of Sewage and Stormwater
A. Definitions
I. Sewage: Pursuant to R.I.G.L. 46-12-1, sewage means "fecal material and human waste, or wastes from
toilets and other receptacles intended to receive or retain body waste, and any wastes, including wastes
from human households, commercial establishments, and industries, and storm water runoff... " For
purposes of the Coastal Resources Management Program, "sewage"is further defined to include
freshwater discharges, including stormwater runoff that may significantly alter the salinity of tidal waters
or salt ponds; the terms "wastewater" and "septage", as defined by the DEM OWTS Rules; and
discharges of heated waters to tidal waters of the state.
2. Onsite wastewater treatment systems (OWTS): means any system of piping, tanks, dispersal areas,
alternative toilets or other facilities designed to function as a unit to convey, store, treat or disperse
wastewater by means other than discharge into a public sewer system.
3. Point source discharges: means any discernible, confined, and discrete conveyance, including, but not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, or vessel or other floating craft from which sewage is or may be
discharged.
4. Sewage treatment plants: sewage collection and treatment facilities, including state, municipal, or
privately owned and operated collection, pumping, treating, disposal or dispersion facilities designed for
the treatment of sewage from residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water, or surface runoff that may be present in the waste stream.
5. Stormwater runoff: that portion of precipitation that does not naturally infiltrate into the landscape
(e,g., without human influence) but rather travels overland as surface flow. It is also commonly referred
to as "stormwater". Stormwater runoff is a significant contributor of pollutants such as sediments,
bacteria,'nutrients (nitrogen and phosphorus), hydrocarbons (oil and grease), metals, and other substances
that adversely affect water quality and the coastal environment. In addition, significant discharges of
stormwater may alter salinity and thereby, adversely impact the coastal environment, especially in poorly
flushed estuaries and embayments.
6. Stormwater mamlgement plan: A plan describing the proposed methods and' measures to prevent or
minimize stormwater runQff (water quality and quantity) impacts associated with a development project
both during and after constructiOIl. It identifies selected low impact development (LID) source controls
and treatment practices to address those potential impacts, the engineering design of the treatment
practices, and maintenance requirements for proper performance of the selected practices. The
stormwater management plan details how a project complies with the eleven (II) minimum stormwater
management standards and performance criteria detailed in the most recent version of the Rhode Island
Stormwater Design and Installation Standards Manual. When such a plan is implemented, it provides
protection and restoration of receiving waters by reducing pollutant loadings and other negative impacts
associated with changes in land use (i.e., urbanization).
7. Redevelopment: far flHfJ'lases afthe CRMC is defined as any construction, alteration, or improvement
that disturbs a total of I 0,000 mare than S()()() square feet or more ofexisting impervious area where the
existing land use is commercial, industrial, institutional, governmental, recreational, or multi-family
residential.
8. Low Impact Development (LID): is a site planning and design strategy aimed at maintaining or
replicating the predevelopment hydrology through the use of site planning, source control, and small-
scale practices integrated throughout a site to prevent, infiltrate, and manage stormwater runoff as close
October 21,2011
Page Three
to its source as possible. LID achieves natural resource protection by replenishing groundwater supplies,
minimizing the stormwater runoff volume discharged to surface waters, and improving water quality.
Examples of LID practices include bioretention, vegetated swales, stormwater planters; porous pavement
or concrete, greenroofs, rainwater collection systems for water reuse, and other similar methods.
9. Water quality volume (wQ.): the storage needed to capture and treat 90% of the average annual
stormwater runoff volume, and in Rhode Island this equates to one (I)-inch of runoff from impervious
surfaces.
10. Maximum extent practicable: means the applicant has made all reasonable efforts to meet the standard,
including the evaluation of alternative methods to achieve the same level of treatment. To show that a
proposed development has met astalldard to the maximum extent practicable, the applicant must
demonstrate the following: (I) all reasonable efforts have been made to meet the standard in accordance
with current local, state, and federal regulations; (2) a complete evaluation of all possible management
measures has been performed; and (3) if full compliance cannot be achieved, the highest practicable level
of management is being implemented.
B. Policies
I. It is the Council's policy to maintain and, where possible, improve the quality of coastal wetlands,
contiguous freshwater wetlands, freshwater wetlands in the vicinity of the coast, groundwater resources
and tidal and salt pond surface waters. In so doing, the Council requires the use of low impact
development (LID) strategies as the primary method ofstormwater management to reduce the volume of
stormwater runoff to surface waters, recharge groundwater supplies, and improve overall water quality.
2. It is the Council's policy to minimize the amount ofonsite wastewater treatment system (OWTS)-derived
nitrates and other potential contaminants which may leach into salt ponds and all other Type I, 2, lind 3
waters.
3. The Council encourages applicants for a CRMC Assent to install, alter or repair lin OWTS to meeton
site with CRMC staff prior to undertaking ofOWTS groundwater and soil tests to discuss the location of
the system and buffer zones, where applicable.
4. It is the Council's policy to require the proper management and trelltment of stormwater through the '
prepllration lind implementation of a stol111water management plan in accordance with the most recent
version of the Rhode Island Stormwater Design and Installation Standards Manual, and which satisfies
the requirements of the RICRMP and any applicable Special Area Management Plan.
5. The most recent version of the Rhode Island Stormwater Design and Installation Standards Manual
provides the appropriate methods for the preparation ofstormwater management plans and the treatment
ofstormwater using LID practices and methods within the CRMC'sjurisdiction. The Council also
recognizes that the most recent version of the Rhode Island Soil and Erosion and Sediment Control
Handbook, and its amendments, published jointly by the Rhode Island Department of Environmental
Management and the United States Department of Agriculture (USDA), Natural Resources Conservation
Service (NRCS) provides additional guidance and supplemental information with respect to the
management and treatment of stormwater.
6. It is the Council's policy that all stormwater management plans shall take into consideration all potential
impacts associated with the discharge of stormwater runoff into the coastal environment. Potential
impacts include, but are not limited to, the following: (i) impacts to salt marshes such as changes in
species composition due to the introduction of freshwater to high marsh areas; (ii) changes in the salinity
of receiving waters; (iii) thermal impacts to receiving waters; (iv) the effects of introducing stormwater
runoff to receiving waters with low dissolved oxygen concentrations; and (v) other potential water quality
impacts.
CRMj> Program Changes
October 21, 2011
Page Four
7. The Council's policy is to ensure that all projects are planned, designed, and developed in order to: (I)
protect areas that provide important water quality benefits and/or are particularly susceptible to erosion
and sediment loss; (2) limit increases of impervious surface areas, except where absolutely necessary; (3)
limit land disturbance activities such as clearing and grading and cut and fill to reduce erosion and
sediment loss; and (4) limit disturbance of natural drainage features and vegetation. Additionally,
stormwater management practices should be designed as landscape amenities to include native plant
species on project sites. The Council recommends applicants to use the "Rhode Island Coastal Plant
Guide," an interactive, web-based plant list prepared by the URI Cooperative Extension Education
Center in consultation with the CRMC and available online at: www.crmc.ri.gov/coastallandscapes.html.
C. Prerequisites
I. Applicants seeking a Council Assents to construct, alter, or repair onsite wastewater treatment systems or
point source discharges shall first obtain the requisite permit(s) from the Department of Environmental
Management. .
2. The discharge standards, effluent limitations and pretreatment standards established for the discharge of
pollutants to waters of the State under the Rhode Island Pollutant Discharge Elimination System
(RlPDES) program, and adminiotered by the Department ofEnvironmental Management (DEM), are tbe
State's water pollution control requirements. Applicants for projects for which an Individual RlPDES
Permit is required shall obtain said permit from DEM and submit the Individual RIPDES Permit with the
CRMC Assent application. Note: Projects. that are eligible to submit a Notice of Intent (NO!) for
coverage under a RIPDES General Permit are not required to submit the RlPDES Authorization with the
CRMC Assent application. Applicants for such projects, however, are encouraged to file a Notice of
Intent (NO!) with DEM concurrently with their CRMC application to allow a coordinated review
between the agencies.
3. The Council shall formally review proposed actions only after all other applicable stateilocal
requirements have or will be met. The Council, however, will comment on preliminary plans for major
facilities to assist in the planning process.
4. The Executive Director or the Council may require that an applicant obtain a DEM System Suitability
Determination, as provided in the DEM OWTS Rules, for onsite wastewater treatment systems that pre-
date 1968.
D. Prohibitions
I. Point source discharges of sewage and/or stormwater runoff are prohibited on unconsolidated coastal
banks and bluffs.
2. New and enlarged stormwater discharges to the high salt marsh environment bordering Type I and Type
2 waters and within salt marshes designated for preservation which border Type 3, 4, 5, arid 6 waters are
prohibited. Stormwater discharges to existing well flushed tidal channels within high marshes shall not
be subject to this prohibition. An such discharges, however, shall meet the applicable standards
contained herein.
3. Point source discharges of sewage are prohibited in Type 1 waters.
E. Standards
1. For Onsite Wastewater Treatment Systems (OWTS):
(a) See standards given in "Filling, Removing, or Grading" (Section 300.2).
October 21, 2011
Page Five
(b) The construction, repair or alteration of all OWTS and components shall conform to the standards set
forth in the most recent Rules Establishing Minimum Standards relating to Location, Design,
Construction and Maintenance ofOnstte Wastewater Treatment Systems promulgated by the
Department of Environmental Management (referred to herein as DEM OWTS Rules).
(c) Site grading around the OWTS shall direct the flow of surface runoff water away from the OWTS
and meet all applicable requirements ofthe DEM OWTS Rules.
(d) Sub-drains constructed to lower groundwater levels in an area where an OWTS will be located shall:
(I) conform to all applicable DEM rules; (2) have no piping located between the anticipated OWTS
and the shoreline; and (3) have exposed outfalls suitably protected against shoreline erosion and
scour.
(e) When new construction, renovation or a change of use is proposed for existing buildings afe ehaRges
Hem seaseRal Ie yeaf fSllflslIse, f8Re'lateEl af ellf3aRseslly aElEliRg eRe Sf mefe mems, an OWTS
Suitability Determination shall be obtained by the applicant from the Department of Environmental
Management to indicate that the existing OWTS meets all applicable DEM OWTS Rules or the
applicant shall submit a building official document indicating that aDEM OWTS Suitabilitv
Determination is not required
(f) Connections to OWTS and cesspools that are abandoned shall be removed, blocked, or otherwise
disconnected, and abandoned cesspools and septic tanks shall be pumped dry and filled with clean
fill in accordance with all applicable DEM OWTS Rules.
(g) Where necessary, barriers shall be constructed to prevent vehicles from passing or parking over
septic systems, unless permissible in accordance with DEM OWTS Rules.
(h) The repair ofOWTS along the Rhode Island south shore from Watch Hill to Narragansett shall
conform to the DEM "OWTS Repair Guidance in Critical Erosion areas."
2. The 1993 Rhode Island Stormwater Design and Installation Standards Manual ("Stormwater Manual")
will be superseded by the 20 I0 Stormwater Manual upon effective date of adoption by the Council.
Unless otherwise provided in subsections (a) or (b), the requirements ofthe 2010 Stormwater Manual, as
amended, shall apply to all CRMC applications submitted on or after January I, 20II.
(a) Applicants for.projects which have a currently valid and vested Master Plan approval from a local
plannhlg board or commission on Or before March 31, 20II may elect to comply with the 1993
StQrmwater Manual instead of the 20 I0 Stormwater Manual provided that a complete application for
the project is submitted to the CRMC on or.before June 30,2011. Any project applicant that received
Master Plan approval who submits an application to the CRMC after June 30, 2011 shall comply
with the 20 I 0 Stormwater Manual, including any future phases of a phased project having received
Master Plan approval as of March 3 I, 20 II: Applicants shall, at the time of application, submit a
copy of the Master Plan approval document(s) demonstrating eligibility under this subsection. This
subsection applies only to those projects which are required to obtain local Master Plan approval
pursuantto R.I.G.L. 45-23-40.
(b) In the case of any RIDOT project or a local government road or bridge project, the applicant may
elect to comply with the 1993 Stormwater Manual instead of the 2010 Stormwater Manual provided
that a complete application for the project is submitted to the CRMC on or before June 30, 20II.
Any application submitted to the CRMC after June 30, 2011 shall comply with the 2010 Stormwater
Manual.
October 21,2011
Page Six
3. For stormwater management the Council requires, in accordance with the "Smart Development for a
Cleaner Bay Act of 2007" (R.I.G.L. 45-61.2), that all applicable projects meet the following
requirements: .
(a) Maintain pre-development groundwater recharge and infiltration on site to the maximum extent
practicable;
(b) Demonstrate that post-construction stormwater runoff is controlled, and that post-development peak
discharge rates do not exceed pre-development peak discharge rates; and
(c) Use low impact-design techniques as the primary method of stormwater control to the maximum
extent practicable.
4. Residential, commercial, industrial or public recreational structures as defined in Section 300.3 shall
provide treatment and management of stormwater runoff for all new structural footprint expansions,
including building rooftops, greater than six (600) hundred square feet in size and any new impervious
pavement, driveways, sidewalks, or parking areas, regardless of size. Applicable projects shall submit a
stormwater management plan that demonstrates compliance with the eleven (II) minimum stormwater
management standards and performance criteria as detailed in the most recent version of the Rhode
Island Stormwater Design and Installation Standards Manual. Single-family dwelling projects, however,
may meet these provisions as detailed in 300.6.E.8 below.
5. Roadways, highways, bridges, and other projects subject to Section 300.13 shall provide treatment and
management of stormwater runoff for all new impervious surfaces. These projects shall submit a
stormwater management plan that demonstrates compliance with the eleven (II) minimum stormwater
management standards and performance criteria as detailed in the most recent version of the Rhode
Island Stormwater Design and Installation Standards Manual. Any improvement projects to existing
roads, highways and bridges and other projects subject to Section 300.13 that result in the creation of
new impervious surfaces shall provide treatment and management of stormwater as above for all new
impervious surfaces. Maintenance activities such as pavement resurfacing projects, replacement of
existing drainage systems, minor roadway repairs, or emergency roadway and drainage repairs are
excluded from these requirements provided the project does not result intlleFe is FIe an expansion of the
existing impervious surface area and-,-F16 new or enlarged stormwater discharges, or the removal of
roadway materials down to the erodible soil surface of 10,000 square feet or more of existing impervious
area.
6. Unless exempted as a maintenance activity herein, any redevelopment that disturbs 10,000 meFe thaFl
~ s q u a r e feet or more of existing impervious surface coverage shall comply with Minimum
Stormwater Standard 6 (Redevelopment and Infill Projects) of the most recent version of the Rhode
Island Stormwater Design and Installation Standards Manual. Maintenance activities subject to Section
300.14 are excluded from these requirements provided there is no expansion of the existing impervious
surface area and no new or enlarged stormwater discharges resulting from the maintenance activity
7. All stormwater management plans shall take into consideration potential impacts associated with the
discharge of stormwater runoff into the coastal environment. Applicants shall address these potential
impacts to include, but not limited to, the following: (i) impacts to coastal wetlands such as changes in
species composition due to the introduction of freshwater to high marsh areas; (ii) changes in the salinity
of tidal receiving waters; (iii) thermal impacts to receiving waters; (iv) effects of introducing stormwater
runoff to receiving waters that have low dissolved oxygen concentrations; and (v) other potential water
quality impacts as may be identified by CRMC staff.
October 21,201 I
Page Seven
8. Applicants for single-family residential dwellings and accessory structures shall treat the stormwater
runoff water quality volume (wQ.) from all new building rooftops greater than six (600) hundred square
feet in size and any new impervious driveways arid parking areas, regardless ofsize, as indicated in (a)
and (b) below. All dwelling and accessory structure rooftop expansions constructed within a 12-month
period shall be counted towards the 600 square foot threshold. Once the 600 square foot threshold is
exceeded, stormwater management must be provided for all rooftop expansions constructed within that
12-month period. Applicants for single-family dwelling projects may use the design guidance and
performance criteria in the most recent version of the Rhode Island Stormwater Design and Installation
Standards Manual or e ~ u i v a l e l l t guia!lllee as appre'/ea ay tile CRMC the most recent version of the RI
Stormwater Management Guidance for Individual Single-Family Residential Lot Development.
Applicants for single-family dwellings and accessory structures on CRMC-designated barriers shall
manage stormwater runoff as provided in (aw below. Pretreatment of stormwater runoff is not required
for single-family residential applications.
(a) lOte_water mlleff rem FOOI'I0JlS sllall ae treatea !lila m!lllagea witll elle er mere as neeaea eftlle
fellewillg metlleas:
(I) Direet aewnsJleuts te ar- illfiltratiell trellell;
(2) Direet aewllspeuts te a mill gllTE!en; er
(3) Direet aewll speuts te !lIl illfiltratiell al'}'well.
(a) lOte_water mlleffrem imJlep,'ieus dFi'l'eways aDd JlaFlling aFeas sllall ae treatea ay elle er mere
as Ileeaea eftlle fellewillg metlleas:
(I) lnfiltratiell trellell;
(2) Vegetatea swale;
(3) Raill garaell er;
(4) Pep,'ieus surfaee eellstmetiell (e.g., pervieug aspllalt!llla JI_,jeus eellerete llsillg tile Rl
stermwater m!lllual aesigu eriteria !lila JllI'/er aleek systems).
(ea) Applicants for single-family dwellings and accessory structures located on CRMC-designated barriers
shall manage stormwater runoff as follows:
(I) Runofffromrooftops shall be directed by non-erosive sheet flow onto vegetated areas
surrounding the dwelling or accessory structure; and
(2) Construction of driveway and parking surfaces shall be limited to crushed stone, crushed shell,
open plastic grid systems filled with sand, gravel or vegetation, or any combination of the
preceding, to prevent damage to other properties during major storm events, Stormwater runoff
shall be directed by non-erosive sheet flow onto vegetated areas along side the driveway or
parking area.
9. New or enlarged stormwater discharges to salt marshes and well flushed tidal channels within high
marshes shall only be permitted when the applicant can clearly demonstrate that no reasonable
alternatives exist (e.g., no other discharge locations having a gravity flow outlet are available and
impervious surfaces have been kept to an absolute minimum) and when no adverse impacts to the salt
marsh will result. In these instances, the applicant shall meet all applicable standards contained in the
most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. This
standard does not apply to low salt marsh environments with an average width along the property ofIess
than 35 feet.
October 21,201 I
Page Eight
10. Stormwater open drainage and pipe conveyance systems must be designed to provide adequate passage
for flows leading to, from, and through stormwatermanagement facilities for at least the 10-year, 24-hour
Type 111 storm event. Applicants may not be required to control post-development peak discharge rates at
pre-development peak discharge rates provided the project design provides for non-erosive stormwater
discharges to tidal waters.
II. Applicants may be required to submit a pollutant loading analysis to demonstrate that a proposed project
will not unduly contribute to, or cause, water resource degradation when such projects are located in
sensitive coastal resource areas. When a pollutant loading analysis is required, the applicant shall use the
method detailed in Appendix H of the most recent version of the Rhode Island Stormwater Design and
Installation Standards Manual. If the Council determines that any proposed stormwater discharge will
result in an unacceptable discharge of pollutants to the tidal waters of Rhode Island, the Council shall
require the applicant to mitigate the pollutant loads to acceptable levels using the practices detailed in the
stormwater manual. Frequently, this can be accomplished using these practices in series to achieve higher
pollutant removal efficiencies.
12. The use of proprietary hydrodynamic (swirl) separator or filter devices shall be limited to pre-treatment
applications only, unless the device has met the requirements of the Technology Assessment Protocol
(TAP) as detailed in the most recent version of the Rhode Island Stormwater Design and Installation
Standards Manual. The CRMC may, however, approve such devices in situations where end-of-pipe
retrofit solutions are the only alternative available when site constraints limit the use ofstandard low
impact development methods for the treatment and management of stormwater runoff. In such
circumstances, however, the use ofsuch proprietary devices shall conform to the standards and
performance criteria set forth in the most recent version of the Rhode Island Stormwater Design and
Installation Standards Manual to the maximum extent practicable.
13. For outfalls:
(a) Work on outfalls, drainage channels, etc., shall proceed from the shoreline toward the upland in order
that no unfinished or un-stabilized lower channel portions be subjected to erosion-producing
velocities from upstream. If this cannot be accomplished, all flow shall be diverted from the
unfinished areas until stabilization is completed.
(b) Where possible, outfall pipe slopes shall be designed for an exit velocity ofless than 5 feet per
second.
(c) Screens or grates shall be placed over the end of large outfalls to trap debris.
(d) Beaches or other coastal features in front of outfalls shall be returned to original grade.
(e) Riprap placed on beaches shall not increase the grade of the beach higher than one foot in order to
maintain lateral access below mean high water.
(f) Riprap shall be compact, hard, durable, angular stone, with an approximate unit weight of 165
Ibs.lcubic foot.
(g) Riprap shall be placed with an adequate bedding of crushed rock or other suitable filtering material.
14. Applicants with projects subject to the stormwater management provisions herein shall submit the
following information:
(a) New or modified single-family dwelling projects shall submit the following:
(1) 8.5 x II inch site plan depicting the location of all structural stormwater (LID or otherwise)
components; and
October 21, 2011
Page Nine
(2) Operation & Maintenance Plan consistent with CRMC guidance to ensure long-term
maintenance and operation of the stormwater structural practice(s) on the site.
(b) All other projects
(1) 8.5 x 11 inch site plan depicting the location of all structural stormwater (LID or otherwise)
components;
(2) Operation & Maintenance Plan that meets the specifications detailed in the most recent version
of the Rhode Island Stormwater Design and Installation Standards Manual; and
(3) Following completion of the approved project, a post-construction certification by a Rhode
Island registered P.E. and Rhode Island registered Landscape Architect, where required,
demonstrating that all stormwater structures, LID components, and requisite planting materials
necessary for the function of the stormwater management system were installed in accordance
with the approved permit, specifications and approved site plans.
Purpose: to revise the definition of "redevelopment" for consistency with the RI Stormwater Manual;
address DEMOWTS Rule applicability, roadway projects and single-family residential projects; and
make editorial revisions throughout.
The Council has complied with the requirements ofR.I. Gen. Laws Section 42-35-3 by considering
alternative approaches to the proposed regulation(s) and has detennined that there islare no alternative
approach(es) that would be as effective and less burdensome. The Council has also detennined that the
proposed regulation(s) do(es) not overlap or duplicate any other state regulation. The Council has
complied with the requirements ofR.I. Gen. Laws Section 42-35-3.3 by submitting copies ofthe proposed
regulation(s) to the Governor's Office and the Economic Development Corporation (EDC).
Parties interested in or concerned with the above proposed changes are invited to submit written
comments by November 25,2011. All such comments should be directed to Grover 1. Fugate, Executive
Director, at the above address.
A public hearing has been scheduled for these proposed changes to be held in the Conference
Room A, Administration Building, One. Capitol Hill, Providence,RI on Tuesday, December 13, 2011,
at 6:00 p.m.
Copies of the proposed regulations are also available from the Coastal Resources Management
Council offices and its website - www.cnnc.rLgov.
Individuals requesting interpreter services for the hearing impaired must noti/)' the Council office at
783-3370, 72 hours in advance of the hearing date.
Further information may be obtained by contacting the Coastal Resources Management Council
offices at 783-3370.
Ilat
Signed this 21st day of October, 2011.
Jeff!
Coa t
C. ({Aywent 9afj
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October 21, 2011
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Cwmton, d?!J. 02970-4436
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Ms. Kathleen M. Silva
City Clerk
Newport City Hall - Ground Floor
43 Broadway
Newport RI 028
Re: NOTICE OF CLAIM
Personal injury of February 9, 2011
Dear Ms. Silva:
Enclosed is a copy of the Petition to the City Council.
Please be advised that this office represents Ms. Neyda DeJesus
for personal injuries suffered as a result of an incident on the
aforementioned date when Ms. DeJesus fell due to a poorly
maintained sidewalk in front of One York Street.
The City of Newport is vicariously liable under the doctrine
of respondeat superior for the negligent acts of its agents.
Please consider this a notice of claim pursuant to Rhode
Island General Laws for Ms. DeJesus's personal injuries
includi'ng but not limited to her medical treatment and pain and
suffering.
Please advise this office in writing as to your intention
in making pa ment on this claim.
.
Very
l

CEF:lt
Ene.
CITY OF PROVIDENCE
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
PETITION TO THE CITY COUNCIL
AUTOMOBILE OR PROPERTY DAMAGE OR PERSONAL INJURY
TO THE HONORABLE CITY COUNCIL OF THE CITY OF PROVIDENCE:
The undersigned respectfully petitions your honorable body
NOTICE OF CLAIM
PURSUANT TO RIGL 45-15-5 AND 45-15-9
Ms. Neyda DeJesus by and through her undersigned counsel hereby
makes presentment to this Honorable City Council of a claim for
personal injuries. Ms. DeJesus suffered injuries when she fell
due to a poorly maintained sidewalk in front of One York Street
attached to the property at The Florence Gray Center. The City
of Newport is liable for failing to inspect, repair and/or
maintain a public sidewalk free from defect and/or dangerous
condition. (see attached photos) Ms. DeJesus makes demand on the
City for her personal injuries including but not limited to her
medical treatment, and pain and suffering. Please contact the
undersigned with regard to this claim.
(Signature of Claimant)
NAME: Neyda DeJesus
ADDRESS: 147 Beacon Street, #3, Newport, RI 02840
PHONE: (401) 944-9600.
AGE/DOB: 7/27/86
DATE OF INCIDENT: February 9,2011.
ESTIMATES -- (2) REQUIRED:
Name of Company (a) Newport Hospital $unk.
(b) Chiropractic Health Services, DC
$unk.
Are you insured? Yes XXX
If so by what company:
No:
II ,'/ 1/ c.!/()CRtJ:-f-' 1,1 OCT 2 1 ?Oll
CI;'Vo; NEWPORT; RHODE ISLAND ILl
PUBLIC .. 'x
TO THE HONORABLE COUNCIL: X'P11ADI()Iv:: DATE: I I II /2 C /'-" i I
DBA Name: I Lul""v ,;",,1 7;",{//ic1h,J }lid/I; fC.lt'erJj I/o"je
Business Phone: I qot- b 377; I
Address: tiLl 1\;"",-, $I-I'ur
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I In: I Zip:
State:
AI/IJ..-
Corporate/Business Owner Name: Ifel I"c, h/')., "<;}1,o/)e;"/
Owner Address:1

Owner City:
Owner Phone:
For Mailing Address (choose one): /
Use Business Location: OR Use Owner Address: OR Other Mailing Address:
I
License Number: I
Yearly is June I-
CLASS:[iJ DURATION: I
or ifDaily(list dates)
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"ERE to acknowledge rec,eipt ofNOISE ORDINANCE It:sH IDATE: I 10/20/ 'Lo II
15 Date Paid: 6q License Fe{ ad I Date Paid: I
Location:
HOURS:
Initial Her
Filing Fee - m
INITIALIl
License Issued By: __ Date Issued: -1--'--------
M _ __ _ __ _'.' _. _. _. __ . __ _ __ _ _. _. .' 0" _. _." .' _. _.
ANNUAL Class A (inside) $300 Class B (outside) $200(including tent) accessory only
Class C (Class J Liquor) ($500)
. _.. __ . _
ACTION OF COUNCIL: ACTION DATE: _
Page 2 of2 Entertainment License Application
JUNE 1, , TO MAY 31, _
PLEASE COMPLETE ALL CATEGORIES. Use "N/A" ifnot applicable.
AMPLIFICAnON?
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DEEJAY?
YI!;"
CONCERT?
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HOW MANY MUSICIANS?
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HOWMANY VOCALISTS?
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TYPES OF MUSICAL INSTRUMENTS?
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Expected Attendance: lY ll?r Seating Capacity: _",,'3",,-5.1." _
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Parking Availability # of Vehicles: 'i -\- f q. k i,
Do you have a Liquor or Victualing License:
1
lL)y \I \c .. _
Your signature below indicates thatjlou 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;.
SIGNATURE OF REPRESENTATIVE:
PRINTED NAME:
TITLE: 1_-"O,-"W!'J]b..,;.no.:." _
RESTRICTIONS:
LICENSED PREMISES f32-
Owner Addressl '(Vi I
City: I IState: IZiP:1 n';?Zl{O I
Owner Phone: I LIM. 0100 IBusiness Phone: I t{()/. CpR t/vuu I
Mailing Address (choose one): (a) Business Location@wnershipAddress, or (c) Other (specify below)
I
License Number: CLASS: 1Litter Rating from I
.------------------- City Clerk: _
DURATION: 1,IirI NVI fl)..' I(Annual is DEC 1 tbm NOV 30) orif Seasonal (list dates): 1 _
Estimated monetary I I
investment involved: ==========:;;===,;=
Hours of Operation: 1 iOIh'-t - U!M-]usJ+1 hrlt cOtltlJ
Do you have Extended Hours of Operation (i.e. 2:00 am till 6:00 am)? if yes, specify extended hours and days:
Hours: I/i!o IDays: I I
Is liquor license application being submitted by the applicant? or will it be in the future?
.D
Description and/or rendering of architecture to be used (if changing). ': Attached? (YES?No) to.....:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW THIS LINE - - - - - - - - - - - - - - - - - - - - - - - - - -
Filing Fee:
Datepaid:I/O!JI!/J I License Fee: 1 IDatepaid'1
I ' L-__ --------
Approved by Council _ Disapproved by Council _
Issued by Date _
\V.:b Edilillg\VIT2007Appb.:aiion.doc
PAGE 2 of 2 Victualing License Application Dec. 1,
Owner: Ilk Ott"iltrl
DBA: ;>r1t>Pff:
Location: ''2-- iNlU--111-rv\ "'?T
Last printed 6/5/2007 10:54 AM
to Nov. 3D,
Current Seating: 1_0 _
If NEW establishment -orif NOT already "on-file", PLANS must be provided.
If new establishment, provide detailed Site Plan showinglntire premises, intenor, exterior, seating capacity, dumpster
location, and parking area, , fIlA f1. tv
Plans attached or on-file (YES or NO): :y,f.tS.. & Signaturefoooo oooooooo oooo oo oo oo. 00.0000 00:
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Parking
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Garbage Disposal:
Parking
Location?
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.1..-' to:..:......!...1 . of Cars L-----.J
Dumpster? D Trash Receptacles? D
Location:
Type/Odor Prevention:
Weight per pickup:
Number oCCans:
Type of
BUSINESS:
PRIVATE PICKUP?I I By Whom?
INITIAL to acknowledge receipt ofLitter/Trash Info (ifnew) .. 00 00.00.. DATEf .
" D O
Your signature below indicates that you have reviewed the information on this two page form and agree that it
is correct. Any ;Y.t .. u ........ D.. n
Signature of W.X V ! Date: ! /., ,.?., ( . L/ 1
Applicant: ""iii DD II " II D D "" S". """"" D " .,., .. """ " """." Da.J' ."" Da liD""." 1:. .. ",," 0""""" rI'
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From:
Sent:
To:
Subject:
November 1, 2011
Sidney Long [searchlight7@verizon.net]
Tuesday, November 01, 2011 4:21 PM
Silvia, Kathy
Queen Anne Square
Dear Mayor Waluk and Members of the City Council:
As of today, November 1st, Scott Wheeler still has not received the proposed landscape plan
for Maya Lin's art installation for Queen Anne Square from the Newport Restoration Foundation.
Key features continue to be missing from the scale model which has been on view at the library only
since last Monday evening: there are no benches with backs (even though Ms. Lin promised to provide
examples as long ago as August), there are no garbage cans, there is no indication of where the fountain
goes. There is no little stand for the doggie poop bags. The omission of garbage cans and doggie-bag stand
may sound trival compared to the huge omission of the fountain and the benches with backs, but the combined
totality of their absence undermines confidence that the scale model reflects reality.
Furthermore, the scale model shows a very tall chimney with a fireplace. The word on the street is that
the chimney/fireplace will not be part of the final plan, perhaps because, as several people have suggested, an
open fireplace, even if it is nonworking, is asking for trouble.
In fact, "Asking for Trouble" might be a good title for Ms. Lin's now unnamed Art Installation since her
fake foundations seem destined to be over-size trash receptacles (or even urinals! ) that will lure skate boarders
to their surfaces and may inspire others to make imaginative use of these stone bunkers at night. (The lighting
design for the floors of the foundations remains a thorny problem since whatever light emanates from within the
walls can be blocked by a few backpacks, books or items of clothing.)
For Ms. Lin, all her art installation has to do is provide a hefty paycheck and a photograph for her
website. But we Newporters will have to live with it. And we will also have to live with the knowledge that in
order to install Ms. Lin's fake history, Queen Anne Square's real history will be sadly and irrevocably
compromised. Beautiful old-growth trees that Doris Duke planted will be killed. The boulders Ms. Duke
brought from her home Roughpoint will be removed. And for what? An art installation designed by a woman
who calls our beautiful and much-enjoyed Queen Anne Square "unwelcoming" and "empty"?
1
I believe that should Maya Lin's redesign for Queen Anne Square be adopted, the local, national and
international scrutiny that will fall on this poorly conceived project will turn all the pluses that were touted at
the press conference at Rough Point last May into minuses.
Maya Lin will be a minns:
Even though the proponents of Ms. Lin's design would like to forget about her design for the
Bicentennial Park for the University of Ohio at Athens, Ohio, "Punch Card Park" will not go away. There are
many
parallels with her design for Queen Anne Square Park: an insensitivity to the history ofthe site; a
design that combines high maintenance with safety concerns; and an unwillingness to provide the kind of
amenities that
make a park comfortable and accessible, to wit: benches with backs. Finally and most troubling
is that Maya Lin's plan is not green. She has a reputation as an environmentalist, but what kind of
environmentalist
would kill beautiful old growth trees, and take out almost 2,000 square feel of green grass (down
fi'om the 4,000 square feet in her original proposal, and create stone foundations that will be a drain on
electricity to
light.
The 3.5 million dollar "gift" will be a minus
When Newporters find out that none of the 3.5 million dollars is coming to the City, they may
feel they have been misled. Furthermore, the amount seems inflated for the work that is to be done.
Then there is the question of the rectitude of spending so much money to destroy a park in the
name of an Art Installation during rough economic times.
Trinity Square's approval of Maya Lin's plan will be a minus
In fact, the congregation of Trinity was not consulted and there are rumblings of alarm at what
the front lawn of Trinity will look like without the little garden that
serves as a buffer between the public part of Queen Anne Square and Trinity's part ofthe park.
The lack of opportunity for public workshops will be a minus
From the time Maya Lin's design was announced at a press conference at the end of May twelve
weeks passed before there was a Public Workshop at City Hall. Even though
there have been major concerns raised about the environmental and ecological impact of the
Maya Lin plan, no other workshop has been scheduled. A scale model was not
2
available until last Monday. From May through the end of October, the only image of the
proposed re-make of Queen Anne Square was a blurry watercolor that seemed to
depict Queen Anne Square as glimpsed through heavy fog.
I look forward to talking to the Mayor and Council members about the above.
Sincerely,
Ms. Sidney Long
18 Rhode Island Avenue
Newport, RI 02840
401-662-0917
3
CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. _
A RESOLUTION EXPRESSING SUPPORT FOR
REFORM OF THE STATE PENSION SYSTEM
WHEREAS, immediate comprehensive statewide pension reform is necessary to achieve
continued economic growth and prosperity for all our citizens and future
generations to come; and
WHEREAS, if we fail to act now cities and towns throughout Rhode Island will face
burdensome increases to meet rising pension costs; and
WHEREAS, a failure to act now will not only endanger the sustainability of our pension
system but the people ofNewport will be required to pay for massive cost
increases beginning in July of2012 (fiscal year 2013); and
WHEREAS, if we don't act now, Newport's pension costs for teachers will increase by 59%
and require an increase ofroughly $1.2 million over what was paid in FY2012;
and
WHEREAS, if we don't act now, Newport's pension costs for municipal employees will rise
by 61% and require an increase of roughly $1.4 million over what was paid in
FY2012; and
WHEREAS, the projected increase in contributions to teacher and municipal employees of
roughly $2.6 million will roughly equal the amount by which the City of
Newport could raise its property tax levy in FY2013 under the provisions of
S3050;and
WHEREAS, our hard working employees deserve a secure retirement that will be there for
them throughout their retirement years; and
WHEREAS, our citizens deserve an affordable pension system that will not force our city to
cut services and jobs or raise taxes; NOW THEREFORE BE IT
RESOLVED: that the City of Newport supports comprehensive statewide pension refOlm to
ensure an affordable and sustainable pension system.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
HENRY F. WINTHROP
KATHRYN E. LEONARD
NAOMI NEVILLE
CHARLES Y. DUNCAN
CITY OF NEWPORT
RESOLUTION
OF THE
. COUNCIL
No. _
WHEREAS, in early Spring the entire City of Newport is
ablaze with daffodils; and
WHEREAS, this event is the first to welcome Spring.
NOW, THEREFORE, BE IT
RESOLVED: that this event be made into a festive
occasion welcoming visitors to the City of
Newport to enjoy with us the first sign of
Spring with such a beautiful display of color.
CHARLES Y. DUNCAN
STEPHEN C. WALUK
NAOMI NEVILLE
KATHRYN E. LEONARD
HENRY F. WINTHROP
CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. _
WHEREAS,
WHEREAS,
WHEREAS,
the City of Newport and Newport School Department
are constructing the new Pell Elementary School to
serve all young children of Newport; and
the Pell School will accommodate all elementary
school children through grade four, and several
existing elementary school properties will be
turned back to the City for redevelopment; and
the properties include the Coggeshall School,
Cranston-Calvert School, Underwood School, and
possibly the Triplett School; and
WHEREAS, the excessed school properties should be
as to potential redevelopment options,
uses, neighborhood needs, and open
preservation; and NOW, THEREFORE, BE IT
studied
desired
space
RESOLVED: that the City Administration study the future
excessed elementary school properties and provide
a report to the City Council regarding potential
uses for consideration.
HENRY F. WINTHROP
CHARLES Y. DUNCAN
KATHRYN E. LEONARD
STEPHEN C. WALUK
NAOMI NEVILLE
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Comm\ll1ication # 4916111
Docket Date: October 26,2011
To:
From;
Date;
Subject:
City of Newport
REQUEST FOR CITY COUNCIL ACTION
Mayor Stephen C. Waluk & Memffl'!fthe City Council
Edward F. Lavallee, City ManagerZ(/
October 18, 2011
Aquidneck Land Trust Conservation Easements -Coggeshall School- 2 Parcels
and Bailey's Brook Land Parcel, Middletown
RECOMMENDATION:
Approve a easement with the Aquidneck Land Trust for the protection of two parcels proximate to
Coggeshall School. Additionally, receive from the Aquidneck Land Trust $100,000 in consideration of the execution of
the conservation easement and also accept conveyance of ownership of a land parcel in Middletown that buffers Bailey's
Brook, a tributary feeding Easton's Pond. The latter parcel functions as an important watershed to the City's drinking
water supply.
BACKGROUND AND FINDINGS:
Coggeshall School is located on Van Zandt Avenue. The site consists of six (6) defined land lots, Plat 10 (Lets #225,
#226, #227, #39, #50, #33). One of the lots contains the school building (#33), and the other five are unimproved. The
total land area of the six lots approximates 93,994 square feet. Historically, two of the larger lots (#39 and # 50) have
been used as playground/recreation areas for school activities and for the neighborhood. Those two lots represent
approximately 40% of the total land mass.
The Aquidneck Land Trust (ALT) proposes to preserve the recreatiou/playground area (lots #39 & #50) as open space
through the e"ecution of a conservation easement. The purpose of the agreement is to ensure the continued protection of
the site against development and to preserve the recreation open space condition for use and enjoyment of the public.
The Land Trust proposes to pay the City $100,000 for execution of the conservation easement. Additionally, the
Aquidneck Land Trust offers the City an addilional land parcel of open space, located in Middletown. The land area,
designated as Plat 114, Let I, approximates 6.65 acres and represents and important buffer abutting Bailey's Brook.
Execution of the agreements to conserve the Coggeshall School lots and to accept ownership of the Middletown
watershed parcel support the Council's vision of Newport as "the most livable City in New England." The proposed
contracts will model those used in the recent past (King Park contract model for the Coggeshall School lots, and Ledge
Road property conveyance model for the Valley Road property). The proposed agreements are subject to review and
approval by the Solicitor.
With regard to the Coggeshall School site, the remaining 56,397 square feet can be marketed for private use through sale
or lease agreements once the School Departmenttransilions from that property. The use of the remaining four lots can be
marketed for sale or lease individually or collectively as a 1.27 acre offering.
Protection of the open space in the Van Zandt Avenue neighborhood is a quality-of-life issue and should complement
private reuse of the abutting publicly owned property. Conserving the Valley Road property against development will
add protection to the region's drinking water supply. Once acquired and conserved, the City will pursue reassessment of
the market value of the site.
PREVIOUS LEGISLATIVE ACTION
FISCAL IMPACT
_ Currently Budgeted (Account --') _'_ Requires additional appropriation No Fiscal Impact
SUPPORTING DOCUMENTS
Resolution
Letter from Aquidneck Land Trust dated August 18, 20 II
Conservation Easements and Quit Claim Deed Documents
Finance Dept. Review: Date By:, (if applicable)
f(\)I'1' '1'11
1
11; ,/JA-!-' ,;;J4/) I .
I 1:C od ..,.' .. 'I'If '
City of Newport
Office of the City Manager
TO: Mayor Waluk and Members of the City Council
FROM: Ed Lavallee
DATE: 10/31/2011
RE: Aquidneck Land Trust Proposal: Coggeshall School
MEMORANDUM
The control of Coggeshall School will revert back to the City when the School Department
vacates the property. The property is located at the eastern end of Van Zandt Avenue and
consists of six defined parcels (lots: 225, 226, 227,33, 39, 50). The total land area among the
six lots approximates 93,994 square feet. The Coggeshall School building is situated on lot #
33, and abuts Van Zandt Avenue. To the north of lot #33 (rear of the school building) are three
smaller rectangular parcels (lots: #225, 226, 227). The three lots abut Evart Street. To the west
of the school building are two larger parcels (lots: # 50, and #39). Historically, these latter two
lots have been used as a playground and for recreational activities. The future use of the
Coggeshall School property is at the discretion of the City Council. The six individual lots may
be reused as a collective entity or may be subdivided.
The Aquidneck Land Trust (ALT) is proposing that the two lots west of the school building
(#39, and #50) remain in their current form, as open space; to be used as
playground/recreation areas. In exchange for the City's willingness to designate the parcels as
preserved open space the ALT is offering to the City the following:
$100,000
Conveyance of a land parcel in Middletown that is located in the watershed area of
Easton's Pond, one of the City's reservoirs. The lot is #114 on the Middletown plat
map and abuts Bailey's Brook; a tributary supporting the reservoir.
The Land Trust proposal is similar to other conservation easements executed between the
City and the ALT, essentially restricting conventional development of the site, with certain
permissions that constitute municipal obligations or duties (eg: installation of subterranean
utility pipes or conduit). The effect of the agreement is the retention of the parcels (lots 39, 50)
as "open space". In this case, aside from the general protection of "green space" , one
objective of the offering is to preserve a playground as the only recreation area in the
immediate vicinity of the Van Zandt Avenue neighborhood.
The staff evaluation of the ALT proposal is summarized below. The two components of the
Land Trust offering are analyzed separately.
$100,000 cash: A common element in other ALT conservation easements with the City of
Newport for protection of open parcels (typically public parks) is a cash allocation. In previously
executed conservation easements (Braga Park, Morton Park, King Park/Spencer Park), the
ALT gave the City $50,000 on each occasion in exchange for agreeing to preserving the
parcels as open space. In this instance, the ALT has increased the offering in consideration of
the potential value of the parcels if they were developed as taxable property.
The Assessor's office provided the taxable values of the parcels in their current form. Lot #39
is assessed at $91,100 and has a taxable value of $904.62 (based on the residential tax rate
of $9.93). Lot #50 has an assessment value of $144,00 and a projected tax value of $1 ,429.92.
The two parcels undeveloped have a current property tax value of $2,334.54. If left
undeveloped as part of a larger private property acquisition, the ALT gift of $100,000 would
theoretically offset the property tax value of these two parcels for a numbers of decades,
depending on the rate of property tax growth in the coming years.
To create a comparable value of the two properties if they were developed, lots adjacent to
the Coggeshall School were examined. A typical property tax assessment for land and building
is $100,000 value for the land and $150,000 for the improvements. A total property tax of
$2,500 approximates the typical value of lots roughly half the size of lot 39 (one of the
playground lots). Adding additional value for the larger two playground lots and projecting two
residential structures as a theoretical improvement plan, lots #39 and 50 might have a taxable
value of $8,000 to $9,000. In such a case, the ALT gift of $100,000 might approximate the
equivalent of 10 years of property tax on the two conserved lots; in addition to any property
value enhancements that dervive for the abutting residential properties from leaving the two
playground lots as open space. and unchanged. The other consideration is the impact on the
remaining four parcels of the Coggeshall School property. The remaining parcels could be
sold individually as developable lots or sold as one entity. Depending on the future use of
those four parcels, the decision to preserve lots 39 and 50 could be value enhancements to
those lots or a detraction to a developer interested in the collective six parcels. The
uncertainty of the future use of the four remaining parcels discourages a monetary assessment
of the impact of preserving lots 39 and 50. Rather, we have assessed the ALT offer with
regard to the aesthetic, recreational, and abutting property value improvement for preserving
the open space added to the $100,000 cash as compensation for any loss in potential tax
return on development of the two preserved lots. The retention of the parcels as open space
and preserving the site as a neighborhood recreation area are important values for the
neighborhood. The addition of the $100,000 cash enhances the value of the offer.
Valley Road Conveyance: The offer to convey 6.65 acres of developable property to the City
as a protection against future private development is a good deal for the City. Initial
assessment indicates that at least three developable lots could be created on the site.
Protection against development as a buffer to the drinking water supply is an incentive to
pursue public ownership of the land. The proposal to convey the land to the City at no cost is a
significant offering. According to Town of Middletown records, the current property taxes on the
land is $1,309.44. Once acquired and conserved against future development the taxable value
of the property will theoretically drop. The City would subsequently apply for a reassessment of
the land in consideration of a perpetual conservation easement.
The collective proposal of conveyance of ownership of the 6.65 acre Valley Road land and the
cash offering for protection of two of the six Coggeshall School lots provides a significant
benefit to the City. Both components support protection of open space. Essential assessment
criteria for this offering include the strategic location of both sites: one buffers a water shed to a
public drinking supply; the other preserves a neighborhood playground. The preservation of
two lots at the Coggeshall School site changes, but does not necessarily harm, future
development and reuse of the remaining four parcels. Those parcels collectively represent
1.27 acres of developable land. In addition to preserving the open space and saving the
playground, the conservation of two lots offers a green space buffer in an otherwise fUlly
developed neighborhood; potentially increasing the value of abutting properties, including the
Coggeshall School site. Applying additional criteria cited in the recently developed proposed
Open Space policy, the following is surmised:
Current use: currently used a playground; use would not change
Size: The proposed open space is 37,597 square feet, leaving an additional 56,397
square feet as developable reusable property
Location: The playground is strategically situated in a densely populated
neighborhood with no other open space sites in the area
Demand: The playground is actively used in its current form
Restrictions: Retaining the open space does not impose any restrictions except for
reducing the developable land as part of the six-parcel property that constitutes
Coggeshall School
Zoning: There is no need for zoning changes; the proposed uses is not restricted
Condition: the playground is currently in safe usable condition
Variance: The posed use does not vary from the current use
Duration: the proposal is to permanently conserve the open space
CosUbenefit: a cash incentive and additional property is offered in consideration of
conserving the open space
Maintenance: The requirements for maintaining the playground are minimal and do
not change with this proposal
Legal Requirements: No legal actions are required other than conveyance of the
land; no cost to the City
Cultural Effect: Positive cultural benefit in protecting the open space and preserving
the playground
Public Policy Impact: consistent with balanced approach to preserving quality of life
benefits in neighborhoods
Broader Property Impact: may enhance value of abutting properties by conserving
open space
Liability: Use as a playground does not change; no change in liability
Financial Impact: cash gift to City in exchange for potential loss in future property tax
Based on application of the above cited criteria, the ALT proposal is a win-win
opportunity for the City.
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
RESOLVED, that the Council of the City of Newport
hereby approves the Conservation Easements
between the Ci ty of Newport and the
Aquidneck Land Trust (ALT) for Plat 10, Lots
#39 and #50 proximate to coggeshall School
for the purchase price of $100, 000; the
Conservation Easement for a land parcel in
Middletown designated as Plat 114, Lot 1,
abutting Bailey's Brook and conveyance of
said Middletown land parcel from ALT to the
City of Newport and the Mayor is authorized
to sign the required documents for same,
upon review of the City Solicitor's office,
on behalf of the City.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
As we discussed with Paige Bronk and Julia Forgue in our August 3, 201 I meeting, I am sending
you a follow-up letter about the proposed conservation park project, as part of the Aquidneck
Land Trust's NewpOlt Conservation Initiative, for two of the Coggeshall School lots: Lots 39 and
50 of Newport Tax Assessor's Plat 10.
The Newport Conservation Initiative has been very successful. Since its launch in 2009, the
Aquidneck Land Trust and its important partners, such as the City of Newport, have conserved
the following prQpeities in Newpoit: Braga Park; the Merrillton Estate off of Bellevue Avenue;
the Sulthorne field near Salve Regina University; Spencer Park; King Park; Rovensky Park; and
the Ocean View Estate on Bellevue Avenue.
This proposal relates to the aspect of the Newport Conservation Initiative focused on creating and
conserving new parks in the City by turning vacant lots into small neighborhood parks, especially
in neighborhoods that do not have a nearby park for children and families to walk to. Lots 39 and
50 ofthe Coggeshall School property have not only served as the outdoor recreation area for the
students of that school but these two lots have also served as the defacto public park for the
children and families in the densely developed Van Zandt Aven:le and Evaits Street
In 2009, the Aquidneck Land Trust launched its Newport Conservation Initiative. The Newport
Conservation Initiative is a two pronged conservation strategy. The urban parks part of this
initiative is focused on conserving the important existing and inadequately protected parks in the
City of Newport with perpetual Conservation Easements. This will be coupled with the creation
and conservation of new parks in the City such as turning vacant lots into small neighborhood
parks, commonly known as "pocket parks," especially in neighborhoods that do not have a nearby
park for children and families to walk to. The landscapes and estates part ofthis initiative is
focused on conserving the important landscapes and scenic areas of the City of Newport,
especially in the Bellevue Avenue and Ocean Drive areas. Through this initiative, the Aquidneck
Limd Trust and its partners hope to strategically limit the "development infilling" of the City and
COllserve the critical natural resources that distinguish Newport, attract visitors, and directly
contribute to the quality of life on Aquidneck Island.
Fr\):: ".i01-851-8998
R. "'. "";:::'-0 . . .
JI nih: 'if t: i
I AUG 't-g 2011
\ CItY. Manag(;Jr'& (lffi@q; ,

790 AQUll)NECK AVENUE, MJL)DI.ETo\\?N, RI 02842
www.aquidneddandrrust.org
Edward F. Lavallee
City Manager
City Hall
43 Broadway
Newport, RI 02840
Dear Ed:
August 18, 20I I
Re: Lots 39 and 50 of Newport Tax Assessor's Plat 10
1')-:I.EI'HONE: 4(}]-849-2799
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neighborhoods. There is not another public park nearby for the children and families of these
neighborhoods to safely walk to. Thus, we propose acquiring a perpetual Conservation Easement
on Lots 39 and 50, with the City of Newport continuing to own this land, so as to permanently
secure this important open space as a public park for the lasting benefit of these heavily populated
neighborhoods and others. Please see the attached map which helps illustrate our proposal.
Furthermore, we propose purchasing the Conservation Easement on Lots 39 and 50 at a more
substantial price than in other conservation transactions that we have partnered on to help the City
generate funds for its various projects and needs that we have discussed. It is worth noting that
permanently protecting the open space of Lots 39 and 50 should have a positive impact on the
value of the remaining Coggeshall School lots (Lots 33,225, 226 and 227). In addition, as we
discussed on August 3'd, as part of this conservation transaction the Aquidneck Land Trust could
also consider donating the fee simple title of all important open space property (commonly
referred to as the Valley Associates II parcel- please see the attached map) along Bailey'S Brook
to the City of Newport, subject to an Aquidneck Land Trust Conservation Easement, to benefit
the City's water department and water system efforts. ALT has a 2008 Appraisal Report that
indicates the Valley Associates II property is worth well over $300,000. The subject property,
currently unencumbered and designated as Lot I of Middletown Tax Assessor's Plat 114, is 6.65
+/- acres and acts as an important open space buffer and filter for Bailey's Brook as it makes it
way towards the Easton Pond reservoirs and Easton Beach. In the words of EPA's Senior
Biologist and Watersheds Initiative Leader, Laura Gabanski, "The cost of protecting watersheds
is much less than the cost of restoring impaired waters. Choosing to protect ecologically valuable
systems will save money in the long run."
If the City feels this expanded proposal has merit, I can begin to work on securing the necessary
approvals and funding to support it.
The City ofNewport and the Aquidneck Land Trust have established a terrific and important
working relationship and we very much look forward to continuing our good and lasting
conservation work together.
Sincerely -_....-_...... .
, -9---""
,.- . _ ,-/
.. - ...->< .", .J ..- "7
,..-.... /' 7,
Edward Sortwell Clement, Jr.
Executive Director
enclosures
cc: Susan Ruf, Chair, Newport Tree and Open Space Commission
2
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iii
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Road)
Collrell's
Play field
Kingston Avenue
Ptoylo t!playground
FIGURE 7.3
Planning District
(Broadway / Malbone
Madin Luther
King Center
Sheffield School
Playlol/playground
I",::: Sp0cial racililies I
Coggeshall School
Ployl at / play ground
Edward Street
Ployfield
Edward Slreet
Ploylot! playground
Quaker. Meeting
Coggeshall School
Ployfield
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from: Lavallee, Ed
Sent: Monday, August 22, 2011 9:35 AM
To: Booth, Allan
iCc: 5ciola, Raphe; Bronk, Paige; Finn, paul; FaY,Pat; Sciola, Raphe
Subject: Coggeshall School
2
PURCHASE AND SALE CONTRACT
This day of October, 2011, the CITY OF NEWPORT, a State of Rhode
Island municipal corporation, hereinafter called the "Seller," agrees to sell, and the
AQUIDNECK LAND TRUST, a non-profit corporation organized under the laws of the State
of Rhode Island and under IRS Section 501(c)(3), hereinafter called the "Buyer," agrees to buy,
in consideration ofthe Premises and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, upon the terms hereinafter set forth, a
Conservation Easement on that 'Iand with frontage on Van Zandt Avenue and Evarts Street in the
City of Newport, County of Newport, State of Rhode Island consisting of approximately 0.35
acres on Van Zandt Avenue, referred to as Lot 39 of Newport Tax Assessor's Plat 10, and about
0.52 acres on Evarts Street, referred to as Lot 50 of Newport Tax Assessor's Plat 10, said
parcels of land being hereinafter collectively referred to as the "Premises" as described in Exhibit
"A" attached hereto and made a part hereof.
I . The aforementioned Conservation Easement shall be conveyed by a good and
sufficient grant of easement running to the Buyer in. substantially the form attached hereto as
Exhibit "B" (hereinafter referred to as the "Coggeshall Conservation Easement"). The
Conservation Easement shall be in first position, and the Seller shall have and convey good,
clear, insurable, and marketable title to the Premises, free from all encumbrances except as may
be acceptable to Buyer.
2. The pUrchase price for said Coggeshall Conservation Easement is One
Hundred Thousand Dollars ($100,000.00), which shall be paid at the time of delivery of the
Coggeshall Conservation Easement hereinafter called the "Closing." The purchase price
shall be delivered to the Seller upon recording of the Coggeshall Conservation Easement in
accordance with the terms ofthis Purchase and Sale Contract. In addition, at the Closing the
Buyer shall donate that certain parcel of land, approximately 6.65 acres in size, it currently
owns off of Valley Road in the Town of Middletown, County ofNewport, State of Rhode
Island, referred to as Lot 1 of Middletown Tax Assessor's Plat 114, to the Seller, via a
Quitclaim Deed, with the Seller immediately granting a Conservation Easement back to the
Buyer on said Lot 1 in substantially the form attached hereto as Exhibit "c" (hereinafter
referred to as the "Valley Associates II Premises and/or Valley Associates II Conservation
Easement").
3. The Closing will be scheduled by mutual agreement of the Buyer and the
Seller on or before December 31, 2011 or on such other date that the parties may agree. The
Conservation Easements and other necessary instruments are to be prepared by the Buyer.
4. At the time ofthe Closing, the Premises and Valley Associates II Premises
shall be: (a) in the same condition as they now are, reasonable use and wear thereof excepted,
(b) not in violation of existing subdivision, environmental, building or zoning laws, and (c)
in compliance with the provisions of any instrument referred to herein. The Buyer at its
option may terminate this Purchase and Sale Contract and the transactions contemplated
herein ifthe Premises are encumbered by any condition or impediment which would prevent
the imposition of an acceptable Conservation Easement. The Seller at its option may
terminate this Purchase and Sale Contract and the transactions contemplated herein if the
Valley Associates II Premises are encumbered by any condition or impediment which would
prevent the aforementioned donation subject to the Valley Associates II Conservation
Easement. Furthermore, the Buyer and/or its consultants shall be entitled to inspection
and/or environmental testing of the Premises prior to the delivery ofthe Coggeshall
2
Conservation Easement in order to determine whether the condition thereof complies with
the terms of this Purchase and Sale Contract. The Seller and/or its consultants shall be
entitled to inspection and/or environmental testing ofthe Valley Associates II Premises prior
to the Closing in order to determine whether the condition thereof complies with the terms of
this Purchase and Sale Contract.
5. The Buyer and/or its consultants may enter upon the Premises at reasonable
times for purposes related to this transaction and the Seller and/or its consultants may enter
upon the Valley Associates II Premises at reasonable times for purposes related to this
transaction.
6. Buyer agrees to obtain and pay for the costs ofpreparing the Deed, the
Conservation Easements, a Class I Survey Plan ofthe Premises, title insurance running to the
benefit ofthe Buyer and its assigns, and any other costs incidental to settlement normally
paid by buyers. The Seller agrees to pay for any costs relating to the delivery of clear,
marketable and insurable title of the Premises, including discharge or subordination of any
existing mortgages and/or liens, revenue stamps and other costs incidental to settlement.
7. The terms and conditions aforesaid shall bind the successors, personal
representatives and assigns of the parties, and this Purchase and Sale Contract represents the
final and total integration of the understanding of the parties. Neither party may assign this
contract without the prior written approval of the other party.
8. The Seller agrees that should any claim be made for broker's fees or
commissions, the Buyer shall not be responsible for payment thereof unless the Buyer agreed to
pay for said broker's fees or commissions to a third party.
9. In the event a party to this Purchase and Sale Contract defaults on its obligations
herein, the other party shall have the right to all remedies available at equity and law including,
but not limited to, specific performance subject to the terms ofthis Purchase and Sale Contract.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
WITNESS:
STATE OF RHODE ISLAND
COUNTY OF NEWPORT
SELLER:
CITY OF NEWPORT
By: _
Stephen C. WaIuk, Mayor
BUYER:
AQUIDNECK LAND TRUST
By: -,- _
Edward Sortwell Clement, Jr., Executive
Director
In Newport, on this day of October, A.D. 2011, then personally appeared
Stephen C. Waluk, Mayor of the CITY OF NEWPORT, to me known and known by me to be
the party executing the foregoing instrument, and he acknowledged said instrument, by him so
executed, to be his free act and deed in his said capacity and the free act and deed of said CITY
OF NEWPORT, before me,
Notary Public
My Commission Expires:
4
COUNTY OF NEWPORT
In Newport, on this day of October, A.D. 2011, then personally
appeared Edward Sortwell Clement, Jr., Executive Director of the AQUIDNECK LAND
TRUST, to me kflown and known by me to be the party executing the foregoing instrument, and
he acknowledged said instrument, by him so executed, to be his free act and deed in his said
capacity and the free act and deed of said AQUIDNECK LAND TRUST, before me,
Notary Public
Exhibit"A"
THAT LAND WITH FRONTAGE ON VAN ZANDT AVENUE AND EVARTS STREET IN
THE CITY OF NEWPORT, COUNTY OF NEWPORT, STATE OF RHODE ISLAND
CONSISTING OFAPPROXIMATELY 0.35 ACRES ON VAN ZANDT AVENUE,
REFERRED TO AS LOT 39 OF NEWPORT TAX ASSESSOR'S PLAT 10, AND ABOUT
0.52 ACRES ON EVARTS STREET, REFERRED TO AS LOT 50 OF NEWPORT TAX
ASSESSOR'S PLAT 10.
6
OUITCLAIM DEED
KNOW ALL BY THESE PRESENTS, that AQUIDNECK LAND TRUST, ("Grantor"),
a charitable, non-profit corporation, organized and existing under the laws of the State of Rhode
Island, with its principal offices at 790 Aquidneck Avenue, Middletown, Rhode Island 02842,
hereby give, grant and convey for non-monetary consideration as hereinafter referenced, the
sufficiency and adequacy ofwhich is hereby acknowledged, to the CITY OF NEWPORT,
("Grantee"), a Rhode Island municipal corporation, with its principal offices at 43 Broadway,
Newport, Rhode Island 02840, its successors and assigns forever, with QUITCLAIM
COVENANTS, all of that certain lot or parcel of unimproved land, located in the Town of
Middletown, Rhode Island, off a certain private way from Valley Road in said town, being
further identified as Lot 1 on Middletown Tax Assessor's Plat 114, as more fully bounded and
described on Exhibit "A" attached hereto.
This conveyance is a transfer without monetary consideration from AQUIDNECK
LAND TRUST to the CITY OF NEWPORT, and because this transfer is gratuitous and
without monetary no real estate conveyance tax and no RIGL Section 44-
30-71.3 withholding is required. The conveyance is in furtherance of the conservation
mission of Grantor. Grantee will immediately after this conveyance grant and record a
Conservation Easement to Grantor. As set forth in the Conservation Easement, for
example, the City of Newport will be able to further protect water resources and the
Aquidneck Land Trust will be able to assist with monitoring the use of the property.
This conveyance is exempt from the Rhode Island Smoke and Carbon Monoxide
Detector Law pursuant to the provisions ofRIGL Section 23-28.35-14(a) in that the
property does not contain residential dwellings.
IN WITNESS WHEREOF, AQUIDNECK LAND TRUST, has hereunto set its hands
and seals this d.ay of , A.D. 2010.
By: _
Its: Executive Director
Address: 790 Aquidneck Ave., Middletown,
RI 02842
COUNTY OF NEWPORT
In , on this day of , A.D. 2010,
then personally appeared Edward Sortwell Clement, Jr., Executive Director of the AQUIDNECK
LAND TRUST, to me known and known by me to be the party executing the foregoing
instrument, and he acknowledged said instrument, by him so executed, to be his free act and
deed in his said capacity and the free act and deed of said AQUIDNECK LAND TRUST, before
me,
Notary Public
Printed Name: '-- _
My Commission Expires: _
EXH8BIT A
TOWN OF MIDDLETOWN, NEWPORT COUNTY, RHODE ISLAND
PLAT: 114, LOT: 1
N!F: VALLEY ASSOCIATES 81
REFERENCING A RHODE ISLAND HIGHWAY BOUND MARKED STATION 58+00 ALONG THE WESTERLY
SIDELINE OF VALLEY ROAD, IN THE TOWN OF MIDDLETOWN, NEWPORT COUNTY, STATE OF RHODE ISLAND.
THENCE RUNNING ALONG THE WESTERLY SIDELINE OF VALLEY ROAD IN A NORTHWESTERLY
DIRECTION WITH A BEARING OF N30039'34"W AND A DISTANCE OF 91.12 FEETTO A POINT.
THENCE TURNING AND RUNNING IN A SOUTHWESTERLY DIRECTION WITH A BEARING OF 57036'49"
WEST AND A DISTANCE OF 247.05 FEET ALONG THE SOUTHERLY SIDELINE OF A DEFEASIBLE EASEMENT TO A
POINT ALONG THE EASTERLY SIDELINE OF PLAT: 114, LOT: 1
THENCE TURNING AND RUNNING IN A NORTHWESTERLY DIRECTION WITH A BEARING OF
N1928'52"W AND A DISTANCE OF 338.40 FEET TO A POINT.
THENCE TURNING AND RUNNING IN A SOUTHWESTERLY DIRECTION ALONG REMNANTS OF A STONE
WALL WITH A BEARING OF N8817'46"W AND A DISTANCE OF 287.89 FEET TO A POINT.
THENCE TURNING AND RUNNING IN ASOUTHWESTERLY DIRECTION WITH A BEARING OF S7817'30"W
AND A DISTANCE OF 83.65 FEET TO A POINT.
THENCE TURNING AND RUNNING IN A SOUTHEASTERLY DIRECTION ALONG REMNANTS OF A STONE
WALL WITH A BEARING OF S0521'47"E AND A DISTANCE OF 256.30 FEET.
THENCE TURNING AND RUNNING IN A SOUTHWESTERLY DIRECTION ALONG REMNANTS OF A STONE
WALL WITH A BEARING OF Sl115'51"W AND A DISTANCE OF 70.50 FEET TO A POINT.
WALL WITH A BEARING OF S0542'04"E AND A DISTANCE OF 105.80 FEET TO A POINT.
WALL WITH A BEARING OF S3813'54"E AND A DISTANCE OF 50.00 FEET TO A POINT.
WALL WITH A BEARING OF S0402'31"E AND A DISTANCE OF 184.23 FEETTO A POINT.
lRlE:
CITY OF NEWPORT
CITY MANAGER
Edward F. Lavallee
MayoJr Stejp>lhieDll <C. Wanunlk am! MembeJr ojf tlhie iCllty CounDll!:il
/ ' ~ 7'
lEdlwaJr<dllF. [,avaIUee, City Mannagev?/
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jp>JrOjp>eJrtie. 'JI'lhiannlk Yllun
cc: City SoHicitoJr
At. City olicitoJr
iCllty CleJrlk
City Hall, 43 Broadway Newport, Rhode Island 02840
Tel: (401) 845-5430 Fax: (401) 845-2510 E-mail: elavallee@cityofnewport.com
lP'VJlU::JHIASlE ANlll> SAJLlE CONTRACT
This day of October, 2011, the CU'l{ OF NlEWlP'ORT, a State of Rhode
Island municipal corporation, hereinafter called the "Seller," agrees to sell, and the
AQlUHlll>NlECK JLANlll> TRVST, a non-profit corporation organized under the laws of the State
of Rhode Island and under IRS Section 501(c)(3), hereinafter called the "Buyer," agrees to buy,
in consideration of the Premises and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, upon the terms hereinafter set forth, a
Conservation Easement on that land with frontage on Van Zandt Avenue and Evarts Street in the
City of Newport, County of Newport, State of Rhode Island consisting of approximately 0.35
acres on Van Zandt Avenue, referred to as Lot 39 of Newport Tax Assessor's Plat 10, and about
0.52 acres on Evarts Street, referred to as Lot 50 of Newport Tax Assessor's Plat 10, said
parcels of land being hereinafter collectively referred to as the "Premises" as described in Exhibit
"A" attached hereto and made a part hereof.
1. The aforementioned Conservation Easement shall be conveyed by a good and
sufficient grant of easement running to the Buyer in substantially the form attached hereto as
Exhibit "B" (hereinafter referred to as the "Coggeshall Conservation Easement"). The
Conservation Easement shall be in first position, and the Seller shall have and convey good,
clear, insurable, and marketable title to the Premises, free from all encumbrances except as may
be acceptable to Buyer.
2. The purchase price for said Coggeshall Conservation Easement is One
Hundred Thousand Dollars ($100,000.00), which shall be paid at the time of delivery of the
Coggeshall Conservation Easement hereinafter called the "Closing." The purchase price
shall be delivered to the Seller upon recording of the Coggeshall Conservation Easement in
accordance with the terms of this Purchase and Sale Contract. In addition, at the Closing the
Buyer shall donate that certain parcel ofland, approximately 6.65 acres in size, it currently
owns off of Valley Road in the Town of Middletown, County of Newport, State of Rhode
Island, referred to as Lot I of Middletown Tax Assessor's Plat 114, to the Seller, via a
Quitclaim Deed, with the Seller immediately granting a Conservation Easement back to the
Buyer on said Lot I in substantially the form attached hereto as Exhibit "c" (hereinafter
referred to as the "Valley Associates II Premises and/or Valley Associates II Conservation
Easement").
3. The Closing will be scheduled by mutual agreement ofthe Buyer and the
Seller on or before December 31, 20 II or on such other date that the parties may agree. The
Conservation Easements and other necessary instruments are to be prepared by the Buyer.
4. At the time of the Closing, the Premises and Valley Associates II Premises
shall be: (a) in the same condition as they now are, reasonable use and wear thereof excepted,
(b) not in violation of existing subdivision, environmental, building or zoning laws, and (c)
in compliance with the provisions of any instrument referred to herein. The Buyer at its
option may terminate this Purchase and Sale Contract and the transactions contemplated
herein if the Premises are encumbered by any condition or impediment which would prevent
the imposition of an acceptable Conservation Easement. The Seller at its option may
terminate this Purchase and Sale Contract and the transactions contemplated herein if the
Valley Associates II Premises are encumbered by any condition or impediment which would
prevent the aforementioned donation subject to the Valley Associates II Conservation
Easement. Furthermore, the Buyer and/or its consultants shall be entitled to inspection
and/or environmental testing of the Premises prior to the delivery of the Coggeshall
2
Conservation Easement in order to determine whether the condition thereof complies with
the terms ofthis Purchase and Sale Contract. The Seller and/or its consultants shall be
entitled to inspection and/or environmental testing ofthe Valley Associates II Premises prior
to the Closing in order to determine whether the condition thereof complies with the terms of
I
this Purchase and Sale Contract.
5. The Buyer and/or its consultants may enter upon the Premises at reasonable
times for purposes related to this transaction and the Seller and/or its consultants may enter
upon the Valley Associates II Premises at reasonable times for purposes related to this
transaction.
6. Buyer agrees to obtain and pay for the costs ofpreparing the Deed, the
Conservation Easements, a Class I Survey Plan of the Premises, title insurance running to the
benefit of the Buyer and its assigns, and any other costs incidental to settlement normally
paid by buyers. The Seller agrees to pay for any costs relating to the delivery of clear,
marketable and insurable title of the Premises, including discharge or subordination of any
existing mortgages and/or l i e n ~ , revenue stamps and other costs incidental to settlement.
7. The terms and conditions aforesaid shall bind the successors, personal
representatives and assigns of the parties, and this Purchase and Sale Contract represents the
final and total integration of the understanding of the parties. Neither party may assign this
contract without the prior written approval of the other party.
8. The Seller agrees that should any claim be made for broker's fees or
commissions, the Buyer shall not be responsible for payment thereof unless the Buyer agreed to
pay for said broker's fees or commissions to a third party.
9. In the event a party to this Purchase and Sale Contract defaults on its obligations
herein, the other party shall have the right to all remedies available at equity and law including,
but not limited to, specific performance subject to the terms ofthis Purchase and Sale Contract.
liN WnNESS WlHfEJRlEiOJ]?, the parties have hereunto set their hands and seals the day
WITNESS:
COUNTY OF NEWPORT
SELLER:
cn\' iOJ]? NEWlP'iOlRT
By: _
Stephen C. Waluk, Mayor
BUYER:
AQUmNECK lLAND TlRUST
By: _
Edward Sortwell Clement, Jr., Executive
Director
In Newport, on this day of October, A.D. 2011, then personally appeared
Stephen C. Waluk, Mayor ofthe CITY OF NEWPORT, to me known and known by me to be
the party executing the foregoing instrument, and he acknowledged said instrument, by him so
executed, to be his free act and deed in his said capacity and the free act and deed of said CITY
OF NEWPORT, before me,
Notary Public
4
COUNTY OF NEWPORT
In Newport, on this day of October, A.D. 2011, then personally
appeared Edward Sortwell Clement, Jr., Executive Director ofthe AQUIDNECK LAND
TRUST, to me known and known by me to be the party executing the foregoing instrument, and
Notary Public
lExihlilbit "A"
THAT LAND WITH FRONTAGE ON VAN ZANDT AVENUE AND EVARTS STREET IN
THE CITY OF NEWPORT, COUNTY OF NEWPORT, STATE OF RHODE ISLAND
CONSISTING OF APPROXIMATELY 0.35 ACRES ON VAN ZANDT AVENUE,
REFERRED TO AS LOT 39 OF NEWPORT TAX ASSESSOR'S PLAT 10, AND ABOUT
0.52 ACRES ON EVARTS STREET, REFERRED TO AS LOT 50 OF NEWPORT TAX
ASSESSOR'S PLAT 10.
6
"B"
CONSERVA'nON EASEMENT
nus GJRANT OJF CONSERVA'nON EASEMENT is made this day of __
2011, by and between the CUY OJF NEWPORT, a Rhode Island municipal corporation
(hereinafter referred to as the "Grantor"), and the AQUmNECJK lLANlJ) TRUST, a non-profit
corporation organized under the laws of the State of Rhode Island and under IRS Section 501
(c)(3), as may be amended, with offices in Middletown, Rhode Island (hereinafter referred to as

WITNESSETH:
WHEREAS, Grantor isthe owner in fee simple of certain real property in Newport,
Rhode Island, more particularly described in Exhibit "A" attached hereto and made a part of
hereof (hereinafter referred to as the "Premises"). The term "Grantor," as used herein, shall
mean this Grantor, or any successor owner ofthe fee simple of the Premises, or any portion
thereof; and
WHEREAS, Grantee is a publicly supported, tax-exempt non-profit organization
qualified under Section 501 (c)(3) and l70(h) ofthe Internal Revenue Code, as may be amended,
whose primary purpose is the preservation, protection or enhancement ofland in its natural,
scenic, agricultural, forested and/or open space condition. The term "Grantee," as used herein,
shall include any assignee of Grantee, as provided in Paragraphs 18 and 19 herein; and
WHEREAS, the Premises possess open, scenic, and recreational values (also collectively
and generally referred to as the "conservation values" of the Premises); and
WHEREAS, the specific conservation values of the Premises are documented in an
inventory ofrelevant features of the Premises and attached hereto as Exhibit "B" and
incorporated by this reference (hereinafter "Baseline Documentation Report"), which consists of
reports, maps, photographs, and other documentation that the parties agree collectively provide
an accurate representation ofthe Premises at the time ofthis grant and which is intended to serve
as an objective information baseline for monitoring compliance with the terms of this
Conservation Easement; and
WHEREAS, in 2009, the Grantee launched its Newport Conservation Initiative. The
Newport Conservation Initiative is a two pronged conservation strategy. The urban parks part of
this initiative is focused on conserving the important existing and inadequately protected parks in
the City of Newport with perpetual Conservation Easements. This will be coupled with the
creation and conservation of new parks in the City such as turning vacant lots into small
neighborhood parks, commonly known as "pocket parks," especially in neighborhoods that do
not have a nearby park for children and families to walk to. The landscapes and estates part of
this initiative is focused on conserving the important landscapes and scenic areas of the City of
Newport, especially in the Bellevue Avenue and Ocean Drive areas. Through this initiative, the
Grantee and its partners hope to strategically limit the "development infilling" of the City and
conserve the critical natural resources that distinguish Newport, attract visitors, and directly
contribute to the quality of life on Aquidneck Island; and
WHEREAS, the Newport Conservation Initiative has been very successful. Since its
launch in 2009, the Grantee and its important partners, such as the Grantor, have conserved the
following properties in Newport: Braga Park; the Merrillton Estate off of Bellevue Avenue; the
Sulthorne field near Salve Regina University; Spencer Park; King Park; Rovensky Park; and the
Ocean View Estate on Bellevue Avenue; and
WHEREAS, this Conservation Easement relates to the aspect ofthe Newport
Conservation Initiative focused on creating and conserving new parks in the City by turning
vacant lots into small neighborhood parks, especially in neighborhoods that do not have a nearby
park for children and families to walk to. The Premises have not only served as the outdoor
recreation area for the students ofthe Coggeshall School that has utilized the Premises for years
but the Premises have also served as the defacto public park for the children and families in the
densely developed Van Zandt Avenue and Evarts Street neighborhoods. There is not another
public park nearby for the children and families of these neighborhoods to safely walk to. This
Conservation Easement permanently secures the Premises as a public park for the lasting benefit
ofthese heavily populated neighborhoods and others; and
WHEREAS, Grantor and Grantee recognize the value and special character of the
Premises and acknowledge a common purpose to conserve the conservation values of the
2
Premises, and to prevent its use or development for any purpose or in any manner that would
conflict with the maintenance of the Premises as a public park and in its current open, scenic, and
recreational condition; and
WHEREAS, Grantor as owner of the Premises intends to convey to Grantee the right to
preserve and protect the conservation values of the Premises in perpetuity; and
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
,conditions and restrictions contained herein and in consideration of One Hundred Thousand
Dollars ($100,000.00) paid by Granteeto Grantor, the receipt and sufficiency of which are
hereby acknowledged, and pursuant to the laws of the State of Rhode Island, and in particular
Title 34, Chapter 39 and Title 45, Chapter 36 of the General Laws of Rhode Island, as may be
amended, Grantor hereby voluntarily grants and conveys unto Grantee a Conservation Easement
in perpetuity over the Premises, of the nature and character, and to the extent hereinafter set
forth.
',l
1. Purpose. It is the purpose of this Conservation Easement to assure that the Premises will
be forever used and maintained as a public park and retained forever in its open, scenic,
and recreational condition and to prevent any use ofthe Premises that will significantly
impair or interfere with the conservation values of the Premises. Grantor intends that this
Conservation Easement will confine the use of the Premises to those uses consistent with
the purpose of this Conservation Easement and the Management Plan/Conservation Plan
(hereinafter referred to as the "Management Plan"), attached hereto as Exhibit "C" and
incorporated by this reference. The Management Plan sets forth specific procedures by
which the Premises shall be maintained including, but not limited to, the adequate
maintenance of the Premises to preserve the natural values and other matters as may be
required for the preservation ofthe Premises. Grantor and Grantee shall have the right
from time to time to propose amendments to the Management Plan. Any such
amendment must be jointly approved as provided in Paragraph 17 herein.
3
2. Rights of Grantee. To accomplish the purpose ofthis Conservation Easement, the
following rights are conveyed to Grantee by this Conservation Easement:
a. To preserve and protect the conservation values of the Premises;
b. To enter upon the Premises at all reasonable times in order to (i) monitor and
inspect Grantor's, or its successors' or assigns', compliance with the
covenants and purposes of this Conservation Easement, (ii) enforce the terms
ofthis Conservation Easement, and (iii) take any and all actions as may be
necessary or appropriate, to remedy or abate the violation hereof;
c. To prevent any activity or use ofthe Premises that is inconsistent with the
purpose of this Conservation Easement and the Management Plan;
d. To require restoration of such areas or features of the Premises that may be
damaged by any inconsistent activity or use, pursuant to Paragraph 7 hereof;
and
e. To place and maintain one (1) sign on the Premises, in such location that the
sign is clearly visible to the public, which indicates the Premises are
conserved by the Grantor and Grantee.
3. Prohibited Uses. Any activity on or use of the Premises inconsistent with the
purpose of this Conservation Easement is prohibited. Without limiting the
generality of.the foregoing, the following activities and uses are expressly
prohibited:
a. The subdivision or development of the Premises, or the disturbance or change
in the natural open space in any manner except as permitted pursuant to
Paragraphs 2 and 5 herein, and the Management Plan;
b. The placement or construction of any buildings, structures, or other
improvements of any kind including, without limitation, camping
accommodations or mobile homes, fences, signs, billboards or other
advertising material, tennis courts, swimming pools, asphalt driveways, roads,
parking lots, utility poles, towers, conduits, or lines or other structures, other
than those structures currently on the Premises and as may be pennitted
4
pursuant to Paragraphs 2 and 5 herein, and the Management Plan. No private
commercial or industrial activity shall be permitted.;
c. Any ditching, draining, diking, filling, excavating, dredging, mining or
drilling, removal of topsoil, sand, gravel, rock, minerals or other materials, or
any building ofroads or change in the topography of the land in any manner,
except for those activities permitted pursuant to Paragraphs 2 and 5 herein,
and the Management Plan;
d. Any removal, destruction or cutting of trees or plants or planting of trees or
plants (except as necessary to maintain the Premises), use of fertilizers,
spraying with biocides, introduction of non-native animals and invasive plant
species, except for those activities permitted pursuant to Paragraphs 2 and 5
herein, and the Management Plan;
ill. The dumping or storing of ashes, trash, garbage, waste, refuse, debris, or other
material, and the changing of the topography through the placing of soil or
other substance or material such as landfill or dredging spoils, nor shall any
. activities be conducted directly on the Premises, or on adjacent property,
which could cause erosion or siltation on the Premises, except for those
activities permitted pursuant to Paragraphs 2 and 5 herein, and the
Management Plan;
if. The manipulation or alteration of natural ponds, water courses, marshes or
other wet bodies, or activities which would be detrimental to water purity, or
which could alter natural water level and/or flow, except for those activities
permitted pursuant to Paragraphs 2 and 5 herein, and the Management Plan;
and
g. The operation of snowmobiles, dunebuggies, motorcycles, all-terrain vehicles,
or any other types ofmotorized vehicles, except such motorized vehicles as
are necessary for the maintenance of the Premises or to protect the Premises
during an emergency or as permitted pursuant to Paragraphs 2 and 5 herein,
and the Management Plan.
5
4. Grantor's Rights of Ownership. It is the purpose and intent of all parties to restrict
any uses of the Premises which are inconsistent with the conservation values.
However, it is not the purpose or intent to restrict Grantor's exercise of its rights
incident to ownership and alienation. Grantor shall have the unfettered right to
lease, sell, mortgage, give, grant or otherwise convey the Premises, provided that
any such conveyances are expressly subject to the terms of this Conservation
Easement and the condition that the Premises be forever used and maintained as a
public park consistent with the ternis of this Conservation Easement.
5. Grantor's Reserved Rights. Notwithstanding anything else set forth in this
Conservation Easement, and without limiting the generality of the other rights
granted to the Grantor, the Grantor reserves and is granted the right to do and
perform the following activities on the Premises, or a portion of the Premises, in
accordance with applicable laws of the State of Rhode Island and the City of
Newport and subject to this Conservation Easement and the Management Plan:
a. To use and maintain thePremises as a public park;
b. To utilize maintenance equipment of every type and description including, but
not limited to, pumps, tractors and lawnrnowers being also subject to any
applicable State of Rhode Island recognized Best Management Practices;
c. To use chemical and/or organic pesticides, herbicides, weed controls and
fertilizers being also subject to any applicable State of Rhode Island
recognized Best Management Practices;
d. To place and maintain park benches on the Premises subject to Paragraph 6
hereof;
e. To place and maintain park garbage cans on the Premises subject to Paragraph
6 hereof;
f. To place and maintain park related signage on the Premises subject to
Paragraph 6 hereof;
g. To place and maintain underground utilities on the Premises provided the
surface of the Premises is immediately and fully returned to its open space and
6
public park condition per the terms of this Conservation Easement upon
completion of construction subject to Paragraph 6 hereof;
h. To place and maintain playground structures on the Premises subject to
Paragraph 6 hereof;
i. To place and maintain non-paved and grassy recreational fields (e.g., small
soccer field), with related infrastructure (e.g., goal posts), on the Premises
subject to Paragraph 6 hereof;
j. To place and maintain park related fencing on the Premises subject to
Paragraph 6 hereof; and
k. To create and maintain gardens, and related garden infrastructure, on the
Premises subject to Paragraph 6 hereof.
6. Notice of Intention to Undertake Certain Permitted Actions. In order to ensure that
the activities in question are designed and carried out in a manner consistent with
the purpose ofthis Conservation Easement, the Grantor shall notify the Grantee and
submit plans prior to construction of any permitted structure (permitted structures
are those listed in Paragraph 5 herein and the Management Plan if applicable) on
the Premises in writing not less than sixty (60) days prior to the date Grantor
intends to undertake construction of any proposed structure on the Premises. The
notice shall describe the size, design, location and types of building materials ofthe
proposed structure in sufficient detail to permit Grantee to make an informed
judgment as to its consistency with the purpose of this Conservation Easement, and
to consent or object to the construction accordingly. Where Grantee's approval is
required, as set forth herein, Grantee shall grant or withhold its approval within
sixty (60) days ofreceipt of Grantor's written request therefore. To the extent such
approval may be required, Grantee's approval of any permitted structure or use may
not be unreasonably withheld, and can only be withheld upon a reasonable
determination by Grantee that the action, as proposed, would be inconsistent with
the purpose of this Conservation Easement.
7
7. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms
of this Conservation Easement or that a violation is threatened, Grantee shall give
written notice to Grantor of such violation and demand corrective action sufficient
to cure the violation. If Grantor fails to cure the violation within thirty (30) days
after receipt of notice thereof from Grantee, Grantee may bring an action at law or
in equity ina court of competent jurisdiction to enforce the terms of this
Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary
or permanent injunction, to recover any damages to which Grantee may be entitled
for violation of the terms ofthis Conservation Easement or injury to any
conservation values protected by this Conservation Easement, including damages
for the loss of scenic and/or environmental values, and to require the restoration of
the Premises to the condition that existed prior to any such injury. Without limiting
Grantor's liability therefor, Grantee, in its sole discretion, may apply any damages
. recovered to the cost ofundertaking any corrective action on the Premises. If
Grantee shall determine that circumstances require immediate action in order to
prevent or mitigate significant damage or other adverse consequences to the
conservation values ofthe Premises, Grantee may pursue its remedies under this
paragraph without prior notice to Grantor or without waiting for the period provided
for cure to expire. Grantee's rights under this paragraph apply equally in the event
of either actual or threatened violations of the terms ofthis Conservation Easement,
and Grantor agrees that if Grantee's remedies at law for any violation ofthe terms
of this Conservation Easement are inadequate, that Grantee shall be entitled to the
i ~ u n c t i v e relief described in this paragraph, both prohibitive and mandatory, in
addition to such other relief to which Grantee may be entitled, including specific
performance ofthe terms of this Conservation Easement, without the necessity of
proving either actual damages or the inadequacy of otherwise available legal
remedies. Grantee's remedies described in this paragraph shall be cumulative and
shall be in addition to all remedies now or hereafter existing at law or in equity.
Nothing contained in this Conservation Easement shall be construed to entitle
Grantee to bring any action against Grantor for any injury to or change in the
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Premises resulting from any causes beyond Grantor's control, including, without
limitation, fire, flood, storm or earth movement.
8. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this
Conservation Easement against Grantor, including, without limitation, costs of suit
and f1ttomeys' fees, and any costs of restoration necessitated by Grantor's violation
of the terms ofthis Conservation Easement, shaH be borne by Grantor.
9. Grantee's Discretion. Enforcement of the terms of this Conservation Easement
shall be at the sole discretion of Grantee, and any forbearance or delay by Grantee
to exercise its rights under this Conservation Easement, in the event of any breach
of any term ofthis Conservation Easement by Grantor, shaH not be deemed or
construed to be a waiver by Grantee of such terms or of any subsequent breach of
the same or any other terms of this Conservation Easement or of any of Grantee's
rights under this Conservation Easement. No delay or omission by Grantee in the
exercise of any right or remedy upon any breach by Grantor shall impair such right
or remedy or be construed as a waiver.
10. Waiver of Certain Defenses. Grantor hereby waives any defense oflaches,
estoppel, or prescription.
11. Access. A right of access by the general public to any portion of the Premises is
conveyed by this Conservation Easement subject to the terms of this Conservation
Easement and the Management Plan.
12. Upkeep and Maintenance of Premises. Grantor retains all responsibilities and shall
bear all costs and liabilities of any kind related to the ownership, operation, upkeep
and maintenance of the Premises in accordance with the purposes of this
Conservation Easement, the Management Plan, and the requirements established by
the City of Newport and the State of Rhode Island.
9
13. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance
of the Premises, including the maintenance of adequate comprehensive general
liability insurance coverage. Grantor remains solely responsible for obtaining any
applicable goverrnnental permits and approvals for any activity or use permitted by
this Conservation Easement and requiring that such permits and approvals and all
such activities or uses shall be undertaken in accordance with all applicable federal,
state, and local laws, regulations, and requirements. Grantor shall keep the
Premises free of any liens arising out of any work performed for, materials
furnished to, or obligations incurred by Grantor.
14. Taxes. If the Premises are subject to taxes, assessments, fees, and/or charges of
whatever description, then Grantor shall pay before delinquency all such taxes,
assessments, fees, and charges of whatever description levied on or assessed against
the Premises by competent authority, and shall furnish Grantee with satisfactory
evidence ofpayment upon request. Grantee is authorized, but in no event obligated,
to make or advance, on Grantor's behalf, any payment of delinquent taxes and/or
assessments in accordance with any bill or statement procured from appropriate
authority, without inquiry into the validity ofthe taxes or the accuracy of the bill or
statement, provided it gives ten (10) days prior written notice to Grantor of its
intention to do so. Grantor hereby agrees to reimburse Grantee for any such
payment made on its behalf. The obligation created thereby shall bear interest until
paid by the Grantor at the lesser rate of (l) Prime Rate of Interest plus two (2%)
percentage points as defined by the Wall Street Journal or any successor publisher,
or (2) the maximum rate allowed by law, whichever is lower, and shall be a lien
upon the property.
15. Hold Harmless. Grantor hereby releases and agrees to hold harmless, indemnify,
and defend Grantee and its members, directors, officers, employees, agents,
contractors, and the heirs, personal representatives, successors, and assigns of each
of them from and against any and all liabilities, penalties, fines, charges, costs,
10
losses, damages, expenses, causes of action, claims, demands, orders, judgements,
or administrative actions, including, without limitation, reasonable attorneys' fees,
arising from or in any way connected with injury to or the death of any person, or
physical damage to any property, resulting from any act, omission, condition, or
other matter related to or occurring on or about the Premises, regardless of cause.
16. Maintenance of Insurance; Indemnification. Grantor retains all responsibilities and
shall bear all costs of maintenance of adequate comprehensive general liability
insurance coverage, in perpetuity, certifying Grantee as an additional insured
against all claims and demands for bodily injury, death and property damage
occurring on the Premises. Such insurance policies shall afford minimum limits of
not less than One Hundred Thousand ($100,000) Dollars for property damage, One
Million ($1,000,000) Dollars for injury or death of one person, and Three Million
($3,000,000) Dollars for injury or death of more than one person in a single
accident and shall be adjusted for inflation. Such insurance shall be effected under
valid enforceable policies with insurers authorized to do business in Rhode Island.
Certificates of all such insurance shall be delivered to Grantee upon the recording of
this Conservation Easement. Each such policy shall provide against cancellation
without at least ten (10) days prior written notice to each insured named therein,
pursuant to clauses typically available in the State of Rhode Island, if such clauses
are available.
17. Amendment. If circumstances arise under which an amendment to or modification
of this Conservation Easement and/or Management Plan would be appropriate,
Grantor and Grantee are free to jointly amend this Conservation Easement and/or
Management Plan, provided that no amendment shall be allowed that will affect the
qualification of this Conservation Easement or the status of Grantee under any
applicable laws, including Chapter 39 ofTitle 34 of the Rhode Island General
Laws, as amended, or Section l70(h) of the Internal Revenue Code of 1954, as
amended, and any amendment shall be consistent with the purposes of this
Conservation Easement, and shall not affect its perpetual duration. Furthermore,
11
any such amendment must be recorded in the Land Evidence Records of the City of
Newport, Rhode Island.
18. Assignment. This Conservation Easement is transferable, but Grantee may assign
its rights and obligations under this Conservation Easement only to an organization
that is a qualified organization at the time of transfer under Section 170(h) of the
Internal Revenue Code (or any successor provision then applicable), and authorized
to acquire and hold Conservation Easements under Rhode Island General Laws 34-
39-1, et seq. (or any successor provision then applicable) or the laws of the United
States. As a condition of any transfer, Grantee shall require that the conservation
purposes that this grant is intended to advance continue to be carried out.
19. Executory Limitation. If Grantee shall cease to exist or to be a qualified
organization under Section 170(h) ofthe Internal Revenue Code, as may be
amended, or to be authorized to acquire and hold Conservation Easements under
Chapter 39 of Title 34 of the Rhode Island General Laws, as may be amended, and
a prior assignment is not made pursuant to Paragraph 18 herein, then the Grantee's
rights and obligations shall become immediately vested in the State of Rhode
Island, acting by and through the Department of Environmental Management or any
successor agency. If the State of Rhode Island, acting by and through the
Department of Environmental Management or any successor agency, is no longer in
existence at the time the rights and obligations under this Conservation Easement
would otherwise vest in it, or if the State of Rhode Island, acting by and through the
Department of Environmental Management or any successor agency, is not
qualified or authorized to hold Conservation Easements at that time, or ifit shall
refuse such rights and obligations, then the rights and obligations under this
Conservation Easement shall vest in such organization with a similar mission as a
court of competent jurisdiction shall direct pursuant to the applicable laws and with
due regard to the requirements for an assignment pursuant to Paragraph 18 herein.
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20. Subsequent Transfers. Grilntor agrees to incorporate the terms of this Conservation
Easement, by reference in any deed or other legal instrument by which it divests
itself of any interest in all or a portion ofthe Premises, including, without
limitation, a leasehold interest. The Grantor shall promptly notify the Grantee in
writing of any proposed sale of the Premises, and provide the opportunity for the
Grantee to explain the terms of this Conservation Easement to potential new owners
prior to the sale closing.
21. Termination and Proceeds. This Conservation Easement constitutes a property right
ownedby the Grantee. Notwithstanding that this Conservation Easement is an
obligation, and not a financial asset, should it be extinguished, which may be
accomplished only by judicial proceedings, or should any interest in the Premises
be taken by the exercise of the power of eminent domain or acquired by purchase in
lieu of condemnation subject to the prior written consent of Grantee, Grantee is
entitled to a share ofthe proceeds of any sale, exchange, or involuntary conversion
of the Premises formerly subject to this Conservation Easement, according to
Grantee's proportional interest in the Premises, as determined and as required under
Treasury Regulations 1, l70-A-14(g)(6)(ii), as may be amended. Grantee's
proportional interest is determined as of the date of this grant and will not include
value attributable to authorized improvements to the Premises made after the date
ofthis grant, except as to improvements that are made by or at the expense of
Grantee. Grantee will use such proceeds for its conservation purposes.
Furthermore, in consideration of all the terms and conditions of this Conservation
Easement, it is agreed by the parties to this Conservation Easement that the City of
Newport is prohibited from condemning all or part of the Premises by exercise of
eminent domain so that the City of Newport cannot abrogate any part of this
Conservation Easement.
22. General Provisions.
a. Entire Agreement. This Conservation Easement, the exhibits and attachments
hereto including the Baseline Documentation Report and Management Plan, set
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forth all ofthe covenants, provisions, agreements, conditions and understandings
between the parties hereto.
b. Successors. The covenants, terms, conditions and restrictions ofthis
Conservation Easement shall be binding upon, and inure to the benefit of the
parties hereto and their respective successors and assigns, and shall continue as a
servitude running in perpetuity with the Premises.
c. Rhode Island Law. This Conservation Easement shall be and is deemed to be a
conservation restriction under the laws of the State of Rhode Island only, and
shall be construed and given effect in accordance with the laws of the State of
Rhode Island and not otherwise.
d. Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor
of this grant to effect the purpose of this Conservation Easement and the policy
and purposes ofthe Grantee. If any provision in this Conservation Easement is
found to be ambiguous, an interpretation consistent with the purpose of this
Conservation Easement that would render the provision valid shall be favored
over any interpretation that would render it invalid.
e. Severability. If any provision of this Conservation Easement or the application
thereofto any entity or circumstance is found to be invalid, the remainder ofthe
provisions of this Conservation Easement shall not be affected thereby.
f. Duplicate Originals. Grantor and Grantee shall execute this Conservation
Easement in duplicate, each party retaining an original.
g. Notice(s). Any notices shall be mailed to the address(es) listed after each party in
the execution. Upon any transfer of the ownership of the fee, or the assignment of
the rights of Grantee as provided in Paragraphs 18 and 19 under this Conservation
Easement, any change in the address(es) shall be provided to the other party.
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WITNESS:
WITNESS:
COUNTY OF NEWPORT
GRANTOR:
CITY OF NEWPORT
By: ,-- _
Its: Mayor
Address: City Hall, 43 Broadway, Newport,
RI02840
GRANTEE:
By:
Its:
Adress:790 Aquidneck Ave., Middletown,
RI02842
then personally appeared Stephen C. WaIuk, Mayor of the CITY OF NEWPORT, to me Imown
and known by me to be the party executing the foregoing instrument, and he aclmowledged said
instrument, by him so executed, to be his free act and deed in said capacity and the free act and
deed of said CITY OF NEWPORT, before me,
Notary Public
Printed Name: _
15
COUNTY OF NEWPORT
In , on this day of , A.D. 2011, then
personally appeared Edward Sortwell Clement, Jr., Executive Director of AQUIDNECK LAND
TRUST, to me known and known by me to be the party executing the foregoing instrument, and
Notary Public
Printed Name: _
16
Exhibit "iC"
OONSERVAnON EASEMENT
nus GRANT OF iCONSERVATmN EASEMENT is made this day of
__,2011, by and between the iCHTY OF NEWlP'ORT, a Rhode Island municipal
corporation with offices in Newport, Rhode Island (hereinafter referred to as the "Grantor"), and
the AQllJHJD>NEiCK lLANJD> TRUST, a non-profit corporation organized under the laws ofthe
State of Rhode Island and under IRS Section 501 (c)(3), as may be amended, with offices in
Middletown, Rhode Island (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner in fee simple of certain real property in Middletown,
Rhode Island, more particularly described in Exhibit "A" attached hereto and made a part of
hereof (hereinafter referred to as the "Premises"). The term "Grantor," as used herein, shall
mean this Grantor, or any successor owner ofthe fee simple of the Premises, or any portion
thereof; and
WHEREAS, Grantee is a publicly supported, tax-exempt non-profit organization
qualified under Section 501 (c)(3) and l70(h) of the Internal Revenue Code, as maybe amended,
whose primary purpose is the preservation, protection or enhancement of land in its natural,
scenic, agricultural, forested and/or open space condition. The term "Grantee," as used herein,
shall include any assignee of Grantee, as provided in Paragraphs 18 and 19 herein; and
WHEREAS, the Premises possess open, scenic, water resource, wildlife habitat and
recreational values (hereinafter generally and collectively referred to as "conservation values");
and
WHEREAS, Grantor and Grantee recognize that the Premises are extremely important
because of its strategic conservation location. The Premises are critical from a watershed
protection perspective as the Premises abut and buffer Bailey's Brook from harmful runoff.
Bailey's Brook flows into North Easton's Pond, one of Aquidneck Island's public drinking water
reservoirs. The Premises, which are largely wooded, are also contiguous with other wooded and
open space parcels that make up an important wildlife habitat corridor. Furthermore, the
Premises are contiguous with other conserved properties and thus could become part of a larger
passive recreation corridor; and
WHEREAS, the specific conservation values of the Premises are documented in an
inventory of relevant features of the Premises and attached hereto as Exhibit "B" and
incorporated by this reference (hereinafter "Baseline Documentation Report"), which consists of
reports, maps, photographs, and other documentation that the parties agree collectively provide
an accurate representation of the Premises at the time of this grant and which is intended to serve
as an objective information baseline for monitoring compliance with the terms ofthis grant; and
WHEREAS, Grantor and Grantee recognize the value and special character of the
Premises and aclmowledge a common purpose to conserve the conservation values of the
Premises, and to prevent its use or development for any purpose or in any manner that would
conflict with the maintenance ofthe Premises in its current open, scenic, water resource, wildlife
habitat and recreational condition; and
WHEREAS, Grantor as owner of the Premises conveys to Grantee the right to preserve
and protect the conservation values ofthe Premises in perpetuity; and
WHEREAS, the parties recognize that Grantee donated the fee simple title of the
Premises to the Grantor, immediately followed by the Grantor conveying this Conservation
Easement to the Grantee, and that this collaboration represents an effort by the parties to
cooperatively conserve the conservation values of the Premises in perpetuity by creating
important checks and balances; and
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions and restrictions contained herein and pursuant to the laws oftheState of Rhode
Island, and in particular Title 34, Chapter 39 and Title 45, Chapter 36 ofthe General Laws of
Rhode Island, as may be amended, Grantor hereby voluntarily grants and conveys unto Grantee a
Conservation Easement in perpetuity over the Premises, of the nature and character, and to the
extent hereinafter set forth.
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1. Purpose. It is the purpose of this Conservation Easement to assure that the Premises will
be retained forever in its open, scenic, water resource, wildlife habitat and recreational
condition and to prevent any use of the Premises that will significantly impair or interfere
with the conservation values of the Premises. Grantor intends that this Conservation
Easement will confine the use of the Premises to those uses consistent with the purpose
ofthis Conservation Easement and the Management Plan/Conservation Plan (hereinafter
referred to as the "Management Plan"), attached hereto as Exhibit "C" and incorporated
by this reference. The Management Plan sets forth specific procedures by which the
Premises shall be maintained including, but not limited to, the adequate maintenance of
the Premises to preserve the natural values and other matters as may be required for the
preservation ofthe Premises. Grantor and Grantee shall have the right from time to time
to propose amendments to the Management Plan. Any such amendment must be jointly
approved as provided in Paragraph 17 herein.
2. Rights of Grantee. To accomplish the purpose ofthis Conservation Easement, the
following rights are conveyed to Grantee by this Conservation Easement:
a. To preserve and protect the conservation values of the Premises;
b. To enter upon the Premises, and have Grantor provide such access, at all
reasonable times in order to (i) monitor and inspect Grantor's, or its
successors or assigns, compliance with the covenants and purposes of this
Conservation Easement, (ii) enforce the terms of this Conservation Easement,
and (iii) take any and all actions as may be necessary or appropriate, to
remedy or abate the violation hereof.;
c. To prevent any activity or use ofthe Premises that is inconsistent with the
purpose ofthis Conservation Easement and the Management Plan;
d. To require restoration of such areas or features of the Premises that may be
damaged by any inconsistent activity or use, pursuant to Paragraph 7 hereof;
e. To construct and maintain a public trail, or segment of a public trail, along
with associated trail signage and other necessary trail infrastructure in areas of
the Premises that are mutually acceptable to Grantee and Grantor; and
3
f. To place and maintain a sign on the Premises, in such a location that the sign
is visible to the public, which indicates the Premises are conserved by the
Grantee and the Grantor.
3. Prohibited Uses. Any activity on or use of the Premises inconsistent with the
. purpose of this Conservation Easement is prohibited. Without limiting the
generality ofthe foregoing, the following activities and uses are expressly
prohibited:
a. The subdivision or development of the Premises, or the disturbance or change
in the natural habitat in any manner except as permitted pursuant to
Paragraphs 2 and 5 herein, and the Management Plan;
b. The placement or construction of any buildings, structures, or other
improvements of any kind including, without limitation, camping
accommodations or mobile homes, fences, signs, billboards or other
advertising material, official sports playing fields, swimming pools, asphalt
driveways, roads, parking lots, utility poles, towers, conduits, or lines or other
structures, other than those structures currently on the Premises and as may be
permitted pursuant to Paragraphs 2 and 5 herein, and the Management Plan.
No commercial or industrial activity shall be permitted;
c. Any ditching, draining, diking, filling, excavating, dredging, mining or
drilling, removal oftopsoil, sand, gravel, rock, minerals or other materials, or
any building of roads or change in the topography of the land in any manner,
except for those activities permitted pursuant to Paragraphs 2 and 5 herein,
and the Management Plan;
d. Any removal, destruction or cutting oftrees or plants (except as necessary to
maintain the Premises in a manner consistent with the purpose of this
Conservation Easement), use of fertilizers, spraying with biocides,
introduction ofnon-native animals and/or invasive plant species, except for
those activities permitted pursuant to Paragraphs 2 and 5 herein, and the
Management Plan;
4
e. The dumping or storing of ashes, trash, garbage, waste, refuse, debris, or any
other material, and the changing ofthe topography through the placing of soil
or other substance or material such as landfill or dredging spoils, nor shall any
activities be conducted directly on the Premises, or on adjacent property,
which could cause erosion or siltation on the Premises, except for those
Management Plan;
if. The manipulation or alteration ofnatural ponds, water courses, lake shores,
marshes or other wet bodies, or activities which would be detrimental to water
purity, or which could alter natural water level and/or flow, except for those
Management Plan; and
g. The operation of snowmobiles, dunebuggies, motorcycles, all-terrain vehicles,
or any other types ofmotorized vehicles, except such motorized vehicles as
are necessary for the maintenance of the Premises or to protect the Premises
during an emergency or are permitted pursuant to Paragraphs 2 and 5 herein,
andthe Management Plan.
4. Grantor's Rights of Ownership. It is the purpose and intent of all parties to restrict
any uses ofthe Premises which are inconsistent with the conservation values.
However, it is not the purpose or intent to restrict Grantor's exercise of its rights
incident to ownership and alienation. Grantor shall have the unfettered right to
lease, sell, mortgage, give, grantor otherwise convey the Premises, provided that
any such conveyances are expressly subject to the terms of this Conservation
Easement.
5. Grantor's Reserved Rights. Notwithstanding anything else set forth in this
Conservation Easement, and without limiting the generality of the other rights
granted to the Grantor, the Grantor reserves and is granted the right to do and
perform the following activities on the Premises in accordance with applicable laws
5
ofthe State ofRhode Island, the Town of Middletown, this Conservation Easement,
and the Management Plan:
a. To study the natural resources of the Premises;
b. To utilize maintenance equipment of every type and description including, but
not limited to, pumps, tractors, and lawnmowers being also subject to State of
Rhode Island recognized Best Management Practices; and
c. To place and maintain underground utilities on the Premises subject to
Paragraph 6 hereof.
6. Notice of Intention to Undertake Certain Pennitted Actions. In order to ensure that
the activities in question are designed and carried out in a manner consistent with
the purpose of this Conservation Easement, the Grantor shall notify the Grantee and
submit plans prior to construction of any pennitted structure (pennitted structures
are those listed in Paragraph 5 herein and the Management Plan if applicable) on
the Premises in writing not less than sixty (60) days prior to the date Grantor
intends to undertake construction any proposed structure on the Premises. The
notice shall describe the size, design, location and types of building materials of the
proposed structure in sufficient detail to pennit Grantee to make an infonned
judgment as to its consistency with the purpose of this Conservation Easement, and
to consent or object to the construction accordingly. Where Grantee's approval is
required, as set forth herein, Grantee shall grant or withhold its approval within
sixty (60) days ofreceipt of Grantor's written request therefore. To the extent such
approval may be required, Grantee's approval of any pennitted structure or use may
not be unreasonably withheld, and can only be withheld upon a reasonable
detennination by Grantee that theflction, as proposed, would be inconsistent with
the purpose of this Conservation
7. Grantee's Remedies. If Grantee detennines that Grantor is in violation of the tenns
of this Conservation Easement or that a violation is threatened, Grantee shall give
written notice to Grantor of such violation and demand corrective action sufficient
to cure the violation. If Grantor fails to cure the violation within thirty (30) days
6
after receipt of notice thereof from Grantee, Grantee may bring an action at law or
in equity in a court of competent jurisdiction to enforce the terms of this
Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary
or permanent injunction, to recover any damages to which Grantee may be entitled
for violation of the terms ofthis Conservation Easement or injury to any
conservation values protected by this Conservation Easement, including damages
for the loss of scenic, aesthetic, or enviromnenta1 values, and to require the
restoration of the Premises to the condition that existed prior to any such injury.
Without limiting Grantor's liability therefor, Grantee, in its sole discretion, may
apply any damages recovered to the cost of undertaking any corrective action on the
Premises. If Grantee shall determine that circumstances require immediate action
in order to prevent or mitigate significant damage or other adverse consequences to
the conservation values of the Premises, Grantee may pursue its remedies under this
paragraph without prior notice to Grantor or without waiting for the period provided
for cure to expire. Grantee's rights under this paragraph apply equally in the event
of either actual or threatened violations of the terms of this Conservation Easement,
and Grantor agrees that if Grantee's remedies at law for any violation of the terms
of this Conservation Easement are inadequate, that Grantee shall be entitled to the
injunctive relief described in this paragraph, both prohibitive and mandatory, in
addition to such other relief to which Grantee may be entitled, including specific
performance of the terms of this Conservation Easement, without the necessity of
proving either actual damages or the inadequacy of otherwise available legal
remedies. Grantee's remedies described in this paragraph shall be cumulative and
shall be in addition to all remedies now or hereafter existing at law or in equity.
Nothing contained in this Conservation Easement shall be construed to entitle
Grantee to bring any action against Grantor for any injury to or change in the
Premises resulting from any causes beyond Grantor's control, including, without
limitation, fire, flood, storm or earth movement.
8. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms ofthis
Conservation Easement against Grantor, including, without limitation, reasonable
7
costs of suit and attorneys' fees, and any costs of restoration reasonably necessitated
by Grantor's violation of the tenus of this Conservation Easement, shall be borne
by Grantor.
9. Grantee's Discretion. Enforcement ofthe tenus of this Conservation Easement
shall be at the sole discretion ofGrantee, and any forbearance or delay by Grantee
to exercise its rights under this Conservation Easement, in the event of any breach
of any tenu of this Conservation Easement by Grantor, shall not be deemed or
construed to be a waiver by Grantee of such tenus or of any subsequent breach of
the same or any other tenus of this Conservation Easement or of any of Grantee's
rights under this Conservation Easement. No delay or omission by Grantee in the
exercise of any right or remedy upon any breach by Grantor shall impair such right
or remedy or be construed as a waiver.
10. Waiver of Certain Defenses. Grantor hereby waives any defense oflaches,
estoppel, or prescription.
11. Access. Once a public trail, or segment of a public trail, is built on the Premises
pursuant to Paragraph 2(e) herein, the public is hereby granted a right of access to
the Premises in those areas deemed mutually acceptable to Grantee and Grantor.
12. Upkeep and Maintenance of Premises. Grantor retains all responsibilities and shall
bear all reasonable costs and liabilities of any kind related to the ownership,
operation, upkeep and maintenance of the Premises in accordance with the purposes
of this Conservation Easement, the Management Plan, and the requirements
established by the Town ofMiddletown and the State of Rhode Island.
13. Costs and Liabilities. Grantorretains all responsibilities and shall bear all
reasonable costs and liabilities of any kind related to the ownership, operation,
upkeep, and maintenance of the Premises, including the maintenance of adequate
comprehensive general liability insurance coverage. Grantor remains solely
8
responsible for obtaining any applicable governmental pennits and approvals for
any activity or use pennitted by this Conservation Easement and acquiring such
pennits and approvals, and all such activities or uses shall be undertaken in
accordance with all applicable federal, state, and local laws, regulations, and
requirements. Grantor shall keep the Premises free of any liens arising out of any
work perfonned for, materials furnished to, or obligations incurred by Grantor.
14. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and
charges of whatever description levied on or assessed against the Premises by
competent authority, and shall furnish Grantee with satisfactory evidence of
payment upon request. Grantee is authorized, but in no event obligated, to make or
advance, on Grantor's behalf, any payment of delinquent taxes and/or assessments
in accordance with any bill or statement procured from appropriate authority,
without inquiry into the validity of the taxes or the accuracy of the bill or statement,
provided it gives ten (10) days prior written notice to Grantor of its intention to do
so. Grantor hereby agrees to reimburse Grantee for any such payment made on its
behalf. The obligation created thereby shall bear interest until paid by the Grantor
at the lesser rate of (1) Prime Rate of Interest plus two (2%) percentage points as
defined by the Wall Street Journal or any successor publisher, or (2) the maximum
rate allowed by law, whichever is lower, and shall be a lien upon the Premises.
15. Hold Hannless. Grantor hereby releases and agrees to hold hannless, indemnify,
and defend Grantee and its members, directors, officers, employees, agents,
contractors, and the heirs, personal representatives, successors, and assigns of each
of them from and against any and all liabilities, penalties, fines, charges, costs,
losses, damages, expeuses, causes of action, claims, demands, orders, judgements,
or administrative actions, including, without limitation, reasonable attorneys' fees,
arising from or in any way counected with injury to or the death of any person, or
physical damage to any property, resulting from any act, omission, condition, or
other matter related to or occurring on or about the Premises, regardless of cause.
9
16. Maintenance of Insurance; Indemnification. Grantor retains all responsibilities and
shall bear all costs of maintenance of adequate comprehensive general liability
insurance coverage, in perpetuity, certifying Grantee as an additional insured
against all claims and demands for bodily injury, death and property damage
occurring on the Premises. Such insurance policies shall afford minimum limits of
not less than one hundred thousand ($100,000) Dollars for property damage, one
million ($1,000,000) Dollars for injury or death of one person, and three million
($3,000,000) Dollars for injury or death of more than one person in a single
accident and shall be adjusted for inflation. Such insurance shall be effected under
valid enforceable policies with insurers authorized to do business in Rhode Island.
Certificates of all such insurance shall be delivered to Grantee upon the recording of
this Conservation Easement. Each such policy shall provide.against cancellation
without at least ten (10) days prior written notice to each insured named therein,
pursuant to clauses typically available in the State of Rhode Island, if such clauses
are available.
17. Amendment. If circumstances arise under which an amendment to or modification
ofthis Conservation Easement and/or Management Plan would be appropriate,
Grantor and Grantee are free to jointly amend this Conservation Easement and/or
Management Plan, provided that no amendment shall be allowed that will affect the
qualification of this Conservation Easement or the status of Grantee under any
applicable laws, including Chapter 39 of Title 34 ofthe Rhode Island General
Laws, as may be amended, or Section 170(h) ofthe Internal Revenue Code of 1954,
as may be amended, and any amendment shall be consistent with the purposes of
this Conservation Easement, and shall not affect its perpetual duration.
Furthermore, any such amendment must be recorded in the Land Evidence Records
of the Town of Middletown, Rhode Island.
18. Assignment. This Conservation Easement is transferable, but Grantee may assign
its rights and obligations under this Conservation Easement only to an organization
that is a qualified organization at the time oftransfer under Section 170(h) of the
10
Internal Revenue Code (or any successor provision then applicable), and authorized
to acquire and hold Conservation Easements under Rhode Island General Laws 34-
39-1, et seq. (or any successor provision then applicable) or the laws of the United
States. As a condition of any transfer, Grantee shall require that the conservation
purposes that this grant is intended to advance continue to be carried out.
19. Executory Limitation. If Grantee shall cease to exist or to be qualified organization
under Section 170(h) ofthe Internal Revenue Code, as may be amended, or to be
authorized to acquire and hold Conservation Easements under Chapter 39 of Title
34 of the Rhode Island General Laws, as may be amended, and a prior assigmnent
is not made pursuant to Paragraph 18 herein, then the Grantee's rights and
obligation shall become immediately vested in the State ofRhode Island. If the
State of Rhode Island is no longer in existence at the time the rights and obligations
under this Conservation Easement would otherwise vest in it, or if the State of
Rhode Island is not qualified or authorized to hold Conservation Easements at that
time, or if it shall refuse such rights and obligations, then the rights and obligations
under this Conservation Easement shall vest in such organization with a similar
mission as a court of competent jurisdiction shall direct pursuant to the applicable
laws
20. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation
Easement by reference in any deed or other legal instrument by which it divests
itself of any interest in all or a portion of the Premises, including, without
limitation, a leasehold interest. The Grantor shall promptly notify the Grantee in
writing of any proposed sale ofthe Premises, and provide the opportunity for the
Grantee to explain the terms of this Conservation Easement to potential new owners
prior to the sale closing.
21. Termination and Proceeds. This Conservation Easement constitutes a property right
owned by the Grantee. Notwithstanding that this Conservation Easement is an
obligation, and not a financial asset, should it be extinguished, which may be
11
accomplished only by judicial proceedings, or should any interest in the Premises
be taken by the exercise of the power of eminent domain or acquired by purchase in
lieu of condenmation subject to the prior written consent of Grantee, Grantee is
entitled to a share of the proceeds of any sale, exchange, or involuntary conversion
ofthe Premises fonnedy subject to this Conservation Easement, according to
Grantee's proportional interest in the Premises, as detennined and as required under
Treasury Regulations 1.170-A-14(g)(6)(ii). Grantee's proportional interest is
detennined as of the date of this grant and will not include value attributable to
authorized improvements to the Premises made after the date of this grant, except as
to improvements that are made by or at the expense of Grantee. Grantee will use
such proceeds for its conservation purposes. Furthennore, in consideration of the
above and the mutual covenants, tenns, conditions and restrictions contained herein
it is agreed by the parties to this Conservation Easement that the City of Newport is
prohibited from condemning, or assisting in the condenmation of, all or part of the
Premises by exercise of eminent domain.
22. General Provisions.
a. Entire Agreement. This Conservation Easement, the exhibits and attachments
hereto including the Management Plan, set forth all of the covenants, provisions,
agreements, conditions and understandings between the parties hereto.
b. Successors. The covenants, tenns, conditions and restrictions of this
Conservation Easement shall be binding upon, and inure to the benefit ofthe
parties hereto and their respective personal representatives, heirs, successors and
assigns, and shall continue as a servitude running in perpetuity with the Premises.
c. Rhode Island Law. This Conservation Easement shall be and is deemed to be a
conservation restriction under the laws ofthe State ofRhode Island only, and
shall be construed and given effect in accordance with the laws of the State of
Rhode Island and not otherwise.
d. Liberal Construction. Any general nile of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor
of the grant to effect the purpose ofthis Conservation Easement and the policy
12
and purposes of Grantee. If any provision in this instrument is found to be
ambiguous, an interpretation consistent with the purpose ofthis Conservation
Easement that would render the provision valid shall be favored over any
interpretation that would render it invalid.
e. Severability. If any provision of this Conservation Easement or the application
thereof to any person or circumstance is found to be invalid, the remainder of the
provisions ofthis Conservation Easement shall not be affected thereby.
f. Duplicate Originals. Grantor and Grantee shall execute this Conservation
Easement in duplicate, each party retaining an original.
g. NoticeCs). Anynotices shall be mailed to the addressees) listed after each party in
the execution. Upon any transfer of the ownership of the fee, or the assignment of
the rights of Grantee as provided in Paragraphs 18 and 19 under this Conservation
Easement, any change in the address(es) shall be provided to the other party.
WITNESS:
WITNESS:
13
GRANTOR:
CITY OF NEWPORT
By: _
Its: Mayor
Address: City Hall, 43 Broadway, Newport,
RI02840
GRANTEE:
By:=--_-:---:::-:- _
Its: Executive Director
Address: 790 Aquidneck Ave., Middletown,
RI02842
COUNTY OF NEWPORT
In , on this day of , A.D. 2011, then
personally appeared Stephen C. Waluk, Mayor of the CITY OF NEWPORT, to me ktiown and
known by me to be the party executing the foregoing instrument, and he acktiowledged said
instrument, by him so executed, to be his free act and deed in his said capacity and the free act
and deed of said CITY OF NEWPORT, before me,
Notary Public
Printed Name: _
COUNTY OF NEWPORT
then personally appeared Edward Sortwell Clement, Jr., Executive Director of the AQUIDNECK
LAND TRUST, to me known and ktiown by me to be the party executing the foregoing
instrument, and he acktiowledged said instrument, by him so executed, to be his free act and
deed in his said capacity and the free act and deed of said AQUIDNECK LAND TRUST, before
me,
Notary Public
Printed Name: _
14
Communication # 4917/11
Docket Date: October 26, 2011
City of Newport
To:
From:
Date:
SUbject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephell c. Waluk 8;, M e m ~ ofthe City Couucil
Edward F. Lavallee, City Mauagefr
October 19, 2011
UtlIlty Line Installation - Pell School Project
Approve the request from the Newport School Department to grant as easement to permit National Grid to install a
utility line to the site ofthe new Pell School.
ThepllUlning and design for the new Pell School incorporates the iqstallation of a power supply line from an adjacent
utility pole to the School site via an underground conduit. The plan also specifies a transformer and pad on the School
property. Nati\lUal Grid has provided a sketch of the proposed installation. The National Grid plan has been reviewed by
the School Department and is compatible with the overall project. The cost associated with the utility line installation is
assigned to the Pell School project
FISCALlMPACT
_ CUrrently :audgeted (Account --- _ Requires additional appropriation _ No Fiscal Impact
Resolution
Memo from Superintendent of Schools
Utility Easemeht
National Grid sketch
Fluance Dept Review: Date :ay:
----
(if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..
RESOLVED: to approve the Grant of Easement
allowing National Grid to install
utilities for the new Pell School
project at the site on Dexter Street
and the Mayor is authorized 'to sign
said easement agreement documents,
upon review of the City Solicitor's
office, on behalf of the City.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
NEWPORt PUBLIC SCHOOLS
John H. Ambrogi, Ed.D.
Supel'inrendenl a/Schools
15 Wickham Road Newport, Rhode Island 028404232
Tel 401.847.2100 ext. 212 Fax 401.849.0170 johnambl'ogi@newpOltrischools.org
October 19,2011
Mr. Ed Lavalle, City Manager
City ofNewport, Rhode Island
43 Broadway
Newport, Rhode Island 02840-2799
Attachment: Orant ofEasement WRI1361994
Dear Mr. Lavalle,
Newport Public Schools respectfully requests that the Newport City Council approve
the grant of easement requested by the Narragansett Electric Company for the
property to be located at the site ofthe new Claiborne Pell Elementary School, 35
Dexter Street, Newport, Rhode Island. TheOrant of Easemeht has been attached.
The easement has been reviewed by our architects and owners' representatives and
we request your approval to this important piece of our newschool construction
project.

:mbrOgi, Ed.D..
Superintendent of Schools
PCF:mgr
Providing Quality Education That Makes A Difftrence in Each Student's Life
GRANT OF EASEMENT
CITY OF NEWPORT, a municipality organized, established and existing under Rhode Island
General Laws 45-1"1 et seq., as amended, ("Grantor") for consideration paid, grants to THE
NARRAGANSETT ELECTRIC COMPANY, a Rhode Island corporation having a principal
place of business at 280 Melrose Street, Providence, Rhode Island 02907, ("Grantee"), its
successors and assigns, with Quitclaim Covenants, a perpetual right and easement as described in
Section I below ("Easement") in, under, through, over, across, and upon the Grantor's land, as
described in Section 2 below ("Grantor's Land").
Section 1 - Description of Easement
The "Easement" granted by the Grantor to the Grantee consists of the perpetual right and
easement:
a) To install, construct, reconstruct, repair, replace, add to, maintain and operate an
underground distribution system ("Distribution System") for the distribution of electric
current to include a padmounted transformer, together with all the necessary wires,
cables, conduits, handholes, pedestals, switches, anchors, guys, equipment, fixtures and
appurtenances installed therein and attached thereto, in, under, through, over, across and
upon the Grantor's land, as may fi'0l11 time to time be required for the purpose of
supplying electric service to the Grantor's Land and the land of others adjoining the
Grantor's Land;
b) To cleat and keep cleared from time to time the portions of the Grantor's Land wherein
the Distribution System is located of such trees, shrubs, bushes, above ground and below
ground structures, objects and surfaces as may in the opinion and judgment of the
Grantee, its successors and assigns, interfere with the safe and proper operation of the
Distribution System;
c) To make such excavation or excavations as may be reasonable and necessary to
construct, reconstmct, repair and remove the Distribution System. But the Grantee shall
properly backfill any excavation and restore the surface of the Grantor's Land in as good
condition as before the excavation was made; and
d) To pass over and across the Grantor's Land as reasonable and necessary for all the
purposes described in this Section.
Section 2 - Description of Grantor's Land
The "Grantor's Land" consists of land situated on the southerly side of Dexter Street in
the City of Newport, COlmty of Newport, State of Rhode Island, designated as Lot 55, Newport
Tax Assessor's Map 5, being that certain tract or parcel of land conveyed to the Grantor by deed
duly recorded with the Records of Land Evidence in Newport on December 30, 1952, in Book
180, Page 400.
WR J1361994
49 NEWPRr GEN
Address of Grantee:
Narragansett EI., 280 Melrose Street, Providence, RI 02907
After recording return to:
Elizabeth Fresolonc
National Grid
Service Company, Inc.
280 Melrose St.
Providence, RI 02907
Section 3 - Location ofthe Distribution System
The "Distribution System" shall extend in a general southerly direction from pole #5,
which is located on the northerly side of Dexter Street, to the proposed padmounted transformer,
which is to be located, within certain portjons of the Grantor's Land, with an easement area
around the padmounted transformer measuring fifteen (15) feet widehy fifteen (15) feet deep, as
approximately shown on a sketch attached hereto as "Exhibit A" and recorded herewith, copies
of which are in the possession of the Grantor and the Grantee herein. Final definitive locations of
said "Distribution System" shall become established by the installation and erection thereof by
the Grantee. Said Distribution System shall be located in a location on the Grantor's Land
mutually .satisfactory to the Grantor and to the Grantee and such location shall become
establisbe,d by and upon the installation thereof by the Grantee. The Grantor, for itself, its
successors and assigns, covenant and agrees with the Grantee,' for itself, its successors and
assigns, that this Grant of Easement and the location of the Distribution System may Bot be
changed or modified, without the written consent of the Grantee, its successors and assigns,
which consent may be withheld by the Grantee in its sole discretion.
Section 4 - Distribution System Ownership
It is agreed that the Distribution System shall remain the property of the Grantee, its
successors and assigns, and that the Grantee, its successors and assigns shall pay all taxes
assessed thereon.
IN WITNESS WHEREOF, CITY OF NEWPORT has caused these presents to be signed by its
proper officer for that purpose duly authorized this __dayof , 2011.
CITY OF NEWPORT
By:
Its:
COUNTY OF NEWPORT
In in said County on the day of , 2011, before
me personally appeared the above named of CITY OF
NEWPORT, to me known and known by me to be the party executing the foregoing instrument,
and _ acknowledged said instrument, by _ executed, to be _ free act and deed,
individually and in said capacity, and the free act and deed ofClTY OF NEWPORT.
Notary Public
Printed Name:
My COminissio-n-e-x-pc-ir-e'-s:------
WR 11361994
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EXHIBIT 'A'
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NOT TO SCALE

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The exact location of said Facilities to be established by
-
nationalgrid
and upon the installation and erection of the Facilities
'l.F....... .....
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Now 1200AService
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thereof. :l._ln.... .. _ ..'. Sc.hocl OC!pt
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NOTE: TIDS SKETCHIS INTENDED FOR EASEMENT

____""_01
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PURPOSES, ONLY. --
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Silvia, Kathy
From:
Sent:
To:
Cc:
Subject:
Lavallee, Ed
Tuesday, October 25, 2011 2:06 PM
Charles Y. Duncan (cyduncan@aiconnecl.com); Harry Winthrop (harrywinthrop@gmail.com);
Jeanne-Marie Napolitano (JeanneMarieN@aol.com); Justin McLaughlin
Uustin2ndward@cox.net); Kathryn E. Leonard (KateLeonar@aol.com); Naomi Neville;
Stephen C. Waluk (waluk2ndward@cox.net)
Fay,Pat; Sciola, Raphe; Silvia, Kathy; Riccio, William
Docket Item #15 - Easement for Utility Line Installation
Mayor & Council
Docket Item 15 request approval for an easement for National Grid to install a utility line to provide power for the new
Pell School. We have a sketch drawn by National Grid, but we would like more detail on the details ofthe contractforthe
easement, location of the line and transformer pad.
I request that this item be continued to the November meeting
1
Docket Date: November 9, 2011
City of Newport
To:
From:
Date:
Snbject:
Staff Contact:
Mayor Stephen C. Walnk & MembwA.t!lY::ity Conncil
Edward F. Lavallee, City M a n a g e r ~ '
October 28, 2011
Award of Bid #012-020 - Parking Meter Management and Parking Meter
Rate Change
Michael Brennan, Transportation Manager
RECOMMENDATION:
Recommend award of the contract for the provision of parking meter operation and management services to the lowest
qualified bidder, Central Parking of Providence, RI. The recommendation includes a change in Ordinance 10.20.210
Meter Charges, to increase the parking meter rate by twenty five cents per hour. This would give the user 12 minutes for
twenty five cents verses the present rate of 15 minutes for twenty five cents. The Parking Meter Management award is
for a three (3) year period, with two (2), one (I) year options at the City's discretion. For the first three (3) years the
annual rates are fixed with a yearly cost of $194,412.50 which is based on 449 metered parking spaces. This rate will
continue for three (3) years and in the fourth and fifth year, will decrease each year to $186,369.50, $171,432.50
respectively.
Last year the City conducted a pilot project to test the use of "smart meter" technology. Smart meters are capable of
accepting conventional credit cards as well as cash. The test results were very positive. Customers appreciated the
convenience of using conventional credit cards instead of having to buy "Smart Cards" or search for coins to feed the
meter.
To improve performance the City's solicitation mandates the provision of the new meters, increasing the capital cost to
the provider. This creates a user-friendly meter. This new meter system would also include replacing the pay-and -
display unit in the Touro Street parking lot and replacing single metered spaces in Long Wharf Lot with a pay-and-
display unit. No longer would users in Long Wharf have to use coins for the extended parldng hours, but would now be
able to pay by credit card. The increased cost to the vendor for new meter heads has driven up the competitive
proposals. The added cost of credit card transactions and associated bank changes has added to the City's overhead.
These additional costs are offset by increasing the meter fee by $.25. The recommended bid provides for reduced annual
costs in the option years (year 4, year 5), in addition to proposing the lowest annual costs for each of the five years in the
proposal.
Resolution 2005-09; 2006-07; 2010-16; 2011-061
FISCAL IMPACT
.lLCurrently Budgeted Acconnt 07-190-5000-50225) _ Requires additional appropriation _ No Fiscal Impact
SUPPORTINGDOCUMENTS
Resolution
Ordinance
Bid Tabulation
Corporate Information
Finance Dept Review: \I :l. Date By: 1.s (if applicable)
CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. _
WHEREAS, the City outsources the operation and management of the parking meter
system to a private vendor; and,
WHEREAS, the contract for the current parking meter management plan expires October
31,2011; and
WHEREAS, the City requested proposals for the management of the parking meter
system under a new multi-year plan that incorporates the upgrading of
parking meters to a "smart meter design," capable of accepting conventional
credit cards as well as cash for meter payment charges; and
WHEREAS, the City operated a pilot programlast year to test the public response to the
use of customer-friendly smart meters and received overwhelming approval
ofthe smart meter design; and
WHEREAS, the proposals received included the provision ofnew smart meters to
replace the existing conventional meter heads; and
WHEREAS, the use of "smart meters" incorporates additional charges for wireless
transmission of credit card data, bank charges, and associated management
fees; and
WHEREAS, the City's solicitation mandates the replacement ofmeters with new meter
heads to reduce the risk of failure and increase customer convenience; and
WHEREAS, the addition ofthe capital cost for the provision of new meters and the
"back room" charges associated with the wireless smart meter technology
increase the City's cost of operation, and to cover said costs the current
meter rate should be increased by $.25 per hour; and
WHEREAS, based on a comparison of the proposals submitted, the lowest bid and best
offering to the City was submitted by Central Parking Systems, with prices
for years one (l) through three (3) to be $194,412.50 per year; and reducing
the annual cost to $186,369.50 for year four (4); and to $171,432.50 for year
five (5), and
CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. --;-:;:-----,::-;-_
(Page 2)
WHEREAS, Central Parking is the current vendor managing the city's parking meter
system and has performed acceptably under provisions of their existing
contract. NOW, THEREFORE, BE IT
RESOLVED: that the Council award a contract for three years to Central Parking
Systems, with a two-year option at the discretion ofthe City. AND BE IT
FURTHER
RESOLVED: that Section 10.20.210 of the Codified Ordinances be amended to increase
the parking meter rates by $.25 per hour.
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 10.20.210 Meter Charges.
DELETE Paragraph C and E and ADD IN LIEU THEREOF the following:
"c.
"E.
Except as otherwise provided in Paragraph D of this
section, the fee for the maximum parking time shall be
one dollar and twenty-five cents($1.25) per hour, at
increments of twenty-five cents ($0.25) for twelve (12)
minutes."
When at such time as the city permits the reservation of a
metered parking space or spaces for a special event,
construction work, or for any other reason deemed
acceptable to the city, a flat fee of thirty dollars
($30.00) per day shall be paid to the city for each
reserved metered parking space. Said flat fee shall not
be prorated based upon the number of hours said space is
reserved within a twenty-four (24) hour period."
SECTION 2.
ordinances
repealed.
IN COUNCIL
READ AND PASSED
This ordinance shall take effect upon its passage and all
or parts of ordinances inconsistent herewith are hereby
Kathleen M. Silvia
City Clerk
IPS (Smart Meters) &Pav-and-Disolav Evaluation*
Evaluation Process Central Parkin" ReDublic Parkin" LAZ
PRICING (40%) 40% 35% 35%
IQUALITY OF EOUIPMENT (30%) 30% 30% 30%
SYSTEM MANAGEMENT CRITERIA
& PROPOSAL REQUESTS (20%) 20% 20% 20%
REFERENCES (10%) 10% 10% 10%
TOTALS: 100% 95% 95%
* 3 member advisorY Danel evaluation
IPS Meters
years' 3 OPTion year 4 Optjon year 5
per snacelner season & per snacelner per soacelner
fees year J total Additjonal Informatjon
Central Parkinu
Disc. for expansion
$491 $491 $491 $188.144.28
Transaction fees not included
LAZ Parkin" Approx. value $7 per month per space (est. $204,000)
If puck technology is removed from price of $455 it
would be reduced to an estimated $425/$12.75 (est.
Republic Parkilll! $455/$12.75 4551 $12.75/3.5% $4551 $12.75/3.5% $203.564.50
$203,564.50)
.. ,:-" ...,-_.,.
Pav-and-Disnlav- 2 units
Years 1-3 Ontion vear-4 Ontioo vear 5 Additional Information
Central Parkin2: $13.062.00 $13062 $13062
Discounts for expansion
5 year total does not include .13 Trans. Fee.
$7.752.20 $7752.20 $7.752.20
Would increase plan by approx. $7 per
LAZ Parkin" space/per month to est. $16,000 per year.
Renublic ParkinQ" $8.550.00 $85501' 3.5% $8.5501' 3.5%
Does not include
2.8% Credit Card Fees
Comhined IpS & pay-&-
IlisPla;c
;; vPo; '"'01<
Central Parking $941.039.58
$979.332.40
LAZ Parkin!:! + est. $80.000
Renublic Parkinp"
Bid # 12-020
List the Officers of your Corporation or Principals of your LLC. Award can not be done
without the attachment.
Central Parking System of Rhode Island,
Complete Company Name
James A. Marcum
Name
Lucinda M. Baier
Name
James H. Bond
Name
Rick West
Name
William H. Bodenhamer
Name
Hector O. Cheva-
Name
Rob Ostrav
Name
Name
Name
President & CEO
Title/Officer/Position
Executive Vice President,
Executive Vice President
Senior Vice President
Vice President of Human
48
City of Newport
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & City Couucil
Edward F. Lavallee, City ManageW
October 28, 2011
Financing- Water Treatment Plants Improvements
Julia A. Forgue, Utilities Director
The Department of Utilities recommends approval of the attached ordinance anthorizing bonds for financing the design
build procurement and improvements for the Lawton Valley and Station I Water Treatment Plants. Also recommended
is the approval of the attached resolution authorizing the administration to prepare the application for the Rhode Island
Department ofHealth (RIDOH) Certificate of Approval.
The City Council is being requested to approve the ordinance for financing $85,000,000 with revenue bonds for the
project to replace the Lawton Valley water treatment plaut and perfonn major improvements to the Station I water
treatment plant. The debt service payments for the borrowing are included in the water rates being established in RIPUC
Docket 4243. The $85,000,000 is for funding the services of the City Advisor for project Delivery of the Water
Treatment Plant Improvements, Special Legal Advisor, Financial Advisor, the Desigu Build Contract for the water
treatment plant improvements, the costs of issuance for the bonds, and the funding of the debt service reserve fund.
The approval of the resolution is required iu order to submit an application for a Certificate of Approval to the RIDOH
for the water treatment plaut improvements. The Certificate of Approval from RIDOH is required in order to obtain a
loan under the Drinking Water State Revolving Loan Fund as administered by the RI Clean Water Finance Agency.
n/a
FISCAL IMPACT
_ Currently Budgeted (Account ---') _ Requires additional appropriation _ No Fiscal Impact
Increase debt service, however amounts will be included in water rates.
Ordinance
Resolution
Finance Dept Review: Date By: _-".L='sc--
(if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
WHEREAS, the City of Newport is finalizing the plans to
implement a Design Build project for improvements
to both Water Treatment plants including the
replacement of the Lawton Valley facility and major
improvements to the Station 1 facility; and
WHEREAS, the City is requesting authority from the RIPUC to
borrow up to $85,000,000 from the Drinking Water
State Revolving Fund (DWSRF) Loan from the Clean
Water Finance Agency; and
WHEREAS, the proposed project includes the design build
contract for the improvements for at the Water
Treatment Plants, the services of the City Advisor,
Special legal Advisor and Financial advisor
associated with the project delivery of the water
treatment plant improvements, the cost of issuance
for the bonding, and the required debt service
reserve fund; and
WHEREAS, in order to obtain a loan under the DWSRF
program, the City must also comply with the
RIDOH requirements which requires a certified
resolution of the City Council directing the
Administration to submit the application for
DWSRF assistance. NOW THEREFORE BE IT
RESOLVED: that the Mayor is authorized to sign the required
applications and loan documents required by the
Clean Water Finance Agency and Rhode Island
Department of Health on behalf of the City for the
Drinking Water State Revolving Fund assistance.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NOo _
AN ORDINANCE OF THE CITY OF NEWPORT APPROVING THE FINANCING OF
IMPROVEMENTS TO THENEWPORT WATER SYSTEM INCLUDING, BUTNOTLIMITED
TO, THE CONSTRUCTIONAND EQUIPPINGOF ANEW TREATMENTPLANT, INCLUDING
DEMOLITION OF THE EXISTING TREATMENTPLANT, AND CONSTRUCTION OF LONG-
TERM CAPITAL IMPROVEMENTS TO A SECOND WATERTREATMENTPLANTAND ALL
ATTENDANT EXPENSES AND APPROVING THE ISSUANCE OF WATER REVENUE
BONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $85,000,000
Be it Ordained by the City of Newport that:
SECTION I. The sum of Eighty-Five Million Dollars ($85,000,000) is
appropriated for the purpose of financing of improvements to the NeWport water system
including, but not limited to, the construction and equipping of a newtreatment plant, including
demolition of the existing treatment plant, and construction oflong-term capital improvements
to a second treatment plant and all attendant expenses (collectively, the "Project").
SECTION 2. In accordance with Chapter 46-12.8 of the Rhode Island General
Laws, the Director of Finance and the Mayor are hereby authorized to borrow an amount not
exceeding Eighty-Five Million Dollars ($85,000,000) from the Rhode Island Clean Water
Finance Agency, and to evidence such loan, such officers are hereby authorized to issue and
refund on behalf of the City, in an amount not exceeding Eighty-Five Million Dollars
($85,000,000) water revenue bonds (the "Bonds") of the City, at one time, or from time to time in
order to meet the foregoing appropriation.
SECTION 3. The said officers from time to time may issue and refund not
exceeding $85,000,000 interest bearing or discounted water revenue notes (the "Notes") in
anticipation of the issue of said Bonds.
SECTION 4. The Bonds and Notes shall be payable solely from revenues ofthe
Newport water system. The City may issue bonds, notes, or other obligations on a parity with
these Bonds. The manner of sale, amount, denominations, maturities, conversion or registration
privileges, interest rates, medium of payment, and other terms, conditions and details of the
Bonds or Notes may be fixed by the officers authorized to sign the Bonds or Notes.
SECTION 5. Pending the issuance of the Bonds under Section 2 hereof or
pending or in lieu of the issue of Notes under Section 3 hereof, the Director of Finance, at the
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO. _
(Page 2)
written direction ofthe City Council, may expend funds from the General Fund or Water Fund of
the City for the purposes specified in Section 1 hereof. Any advances made under this section
shall be repaid without interest from the proceeds of the Bonds or Notes issued hereunder or
from the proceeds of applicable federal or state assistance or from other available funds.
SECTION 6. The Director of Finance and the Mayor are also authorized,
empowered and directed, on behalf of the City, to: (i) execute, acknowledge and deliver a
Supplemental Indenture (the "Supplemental Indenture") amending and supplementing the Trust
Indenture dated March 7, 2007 by and between the City and Wells Fargo Bank, N.A., as trustee
(as amended, the "Trust Indenture"), and any and all other loan agreements, documents,
certificates or instruments necessary to effectuate such borrowing; (ii) amend, modifY or
supplement the Trust Indenture, the Bonds or Notes and any and all other loan agreements,
documents, certificates or instruments at any time and from time to time, in such manner and for
such purposes as such officers shall deem necessary, desirable or advisable; (iii) direct the
Trustee with regard to investments of trust funds pursuant to the Trust Indenture; and (iv) do and
perform all such other acts and things deemed by such officers to be necessary, desirable or
advisable with respect to any matters contemplated by this Ordinance in order to effectuate said
borrowing and the intent hereof.
SECTION 7. The Director of Finance and the Mayor are hereby authorized to
deliver the Bonds or Notes to the purchaser and said officers are hereby authorized and instructed
to take all actions, on behalf of the City, necessary to ensure that interest on the Bonds or Notes
will be excludable from gross income for federal income tax purposes and to refrain from all
actions which would cause interest on the Bonds or Notes to become subject to federal income
taxes.
SECTION 8. This Ordinance is an affirmative action of the City Council of the
City toward the issuance of the Bonds and Notes in accordance with the purposes of the laws of
the State. This Ordinance constitutes the City's declaration of official intent, pursuant to
Treasury Regulation 1.150-2, to reimburse the City's General Fund or the City's Water Fund for
certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior
to the date of this Ordinance but prior to the issuance of the Bonds or Notes. Such amounts to be
reimbursed shall not exceed Eighty-Five Million Dollars ($85,000,000) and shall be reimbursed
not later than eighteen (18) months after the later of (a) the date on which the expenditure is paid
or (b) the date on which the Project is placed in service or abandoned but in no event later than
three (3) years after the date on which the expenditure is paid.
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO. -------:::-'- _
(Page 3)
SECTION 9. The Director of Finance and the Mayor are authorized to take all
actions necessary to comply with federal tax and securities laws including Rule 15c2-12 ofthe
Securities and Exchange Commission (the "SEC Rule") and to execute and deliver a Continuing
Disclosure Certificate in connection with the Bonds or Notes in the fonn as shall be deemed
, advisable by the Director of Finance and the Mayor in order to comply with the SEC Rule. The
City hereby covenants and agrees that it will comply with and carry out all of the provisions of
the Continuing Disclosure Certificate, as it may be amended from time to time. Notwithstanding
any other provision ofthis Ordinance or the Bonds or Notes, failure of the City to comply with
the Continuing Disclosure Certificate shall not be considered an event of default; however, any
Bondholder or Noteholder may take such actions as may be necessary and appropriate, including
seeking mandate or specific perfonnance by court order, to cause the City to comply with its
obligations under this Section and under the Continuing Disclosure Certificate.
lNCOUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
City of Newport
To:
From:
Date:
Subject:
Staff Presentatiou:
RECOMMENDATION:
Mayor Stephen C Waluk & f!!!ll th -City Council
Edward F. Lavallee, City
October 28, 2011
Award of Bid # 12-022 - Water Division Valve Box Maintenance Trailer
Kenneth R. Mason Deputy Utilities Director - Engineering
The Department of Utilities recommends the award to the low bidder, E. H. Wachs, Harvard, IL, for the purchase of one
(1) new 2011 Valve Box Maintenance Vacuum Trailer for a total cost of$15,885.00.
The City solicited sealed bids for the purchase of one (1) Valve Box Maintenance Vacuum Trailer for the Water
Division Distribution crew. Two (2) bids were received.
This new piece of equipment is requested in order to assist the Water Division distribution personnel to clean out dirt
and debris from the valve boxes and curb stops throughout the water distribution system. The current method of clearing
valve boxes via the use of a compressor does not allow the water division personnel to rapidly apd effectively clear the
valves for operation thus sometimes causing delays in critical work. Also, the current method for cleaning the valve
boxes is prone to cause injury to the employee and/or damage to nearby property. The new equipment will vacuum all
the dirt and debris from the valve boxes and store in the trailer for disposal at the City yard.
The purchase of this equipment is included in the Water Division operating budget for FY 12.
n/a
FISCAL IMPACT
l Currently Budgeted (Account 015-500-2241-50276) _ Requires additional appropriation _ No Fiscal Impact
Resolntion
Bid Tabulation
Finance Dept Review: Date By:
(if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
WHEREAS: The City of Newport requested Sealed Bids for
(1) new 2011 Valve Box Maintenance Vacuum Trailer, Bid #
12-022. Bids were received on 26 Oct 2011.
WHEREAS: Award has been recommended to the lowest,
qualified bidder being Illinois Tool Works dba: E. H. Wachs
of Harvard, IL at their bid price of $15,885.00.
NOW THEREFORE, BE IT RESOLVED: That the bid of
Illinois Tool Works dba: E. H. Wachs of Harvard, IL is
hereby accepted at a total NTE cost of $ 15,885.00 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
Tabulation of BID # 12-022
Valve Box Maintenance Vacuum Trailer
(Water)
1. Valve Box Trailer
E. H. Wachs W. H. Rose
$15,885.00 $19,982.00
Bid Closed: 26 Oct 2011
1
Bid # 12-022
List the Officers of your Corporation or Principals of your LtC. Award can not be done
Without the attachment.
Illinois Tool Works dba: E.H. Wachs
Complete Company Name
Ken Morency
Name
Jeff Swiatowy
Name
Name
Name
Name
Name.
\
Name
Name
Name
to. . ~ .
President
lltle/Offlcer/Posltion
General manager
lltle/Offlcer/Posltlon
Tltie/Offlcer/Posltlon
8
..
Docket Date: November 9,2011
City ofNewport
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & MetaP- o f t ~ _ City Council
Edward F. Lavallee, City Manag (.
29 October 2011
RIDEM Recreation Acquisition and Development Grant Application
Scott Wheeler, Buildings and Grounds Supervisor
The Department of Public Services recommends approval to submit a grant application to RIDEM under the Recreation
Acquisition and Development Grant Program.
The City of Newport is seeking funds under the RIDEM grant program for purposes of funding two projects: I) the
replacement of the tennis courts and ADA improvements at Hunter Park; and, 2) improvements to the softball fields,
concrete stadium, scoreboard and lighting at Freebody Park.
At Hunter Park, the tennis courts are plagued with severe structural cracks due to substandard base materials and the
adjacent playground and park amenities are not handicapped accessible. The tennis court repairs will involve an
innovative solution that utilizes a layer of stone that is reinforced with geotextile materials to strengthen the base and to
drain the subsurface materials. This process will in essence raise the elevation of the courts thereby providing the
opportunity to provide the accessibility improvements to the surrounding park amenities. The project cost is estimated at
$150,000 with 50% of the funds ($75,000) coming from the grant and the remaining from existing capital funds from the
ADA ($20,000) and Park Facility Upgrade ($55,000) Accounts.
At Freebody Park, the project will include re-grading and installing sod on the two softball perimeter infields, installing
a new LED scoreboard to replace the existing unit that is more than 30 years old, completing major upgrades to the
sports lighting system, advancing first phase of repairs to the concrete viewing stands, and replacing the failed locker
room vents with an electric fan powered ventilation system. The estimated cost of the project is $400,000 with 50% of
the funds ($200,000) coming from the grant and the remaining from existing capital funds from the Park Facility
Upgrade ($130,150) and $69,150 coming from the recently awarded contract to improve the lighting at the Park (see
attached approval from RIDEM for a "waiver of retroactivity" to credit this City funded work effort toward the City
match to obtain this grant should the grant be awarded.)
PREVIOUS LEGISLATIVE ACTION None
FISCAL IMPACT
..1L Currently Budgeted (Account: see below) _ Requires additional appropriation _ No Fiscal Impact
Park Facilities Upgrade Fund Account
ADA Improvements Fund Account
Resolution
RIDEM correspondence (2)
13-190 999-134090 ($185,150)
13190999134030 ($20,000)
Finance Dept Review:
Date By: -",J-,S----
(if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
WHEREAS: Grant funds are available under the 2011 RIDEM
Rhode Island Recreation Acquisition and Development Grant
Program which provides up to 50% funding to municipalities to
acquire, develop or renovate outdoor recreation facilities; and
WHEREAS: The City of Newport has available capital funds that are
programmed and can be used to match the available grant funds for
renovation projects at recreational facilities located at Hunter Park
and Freebody Park.
NOW THEREFORE BE IT RESOLVED: that the Newport City Council
authorizes the City Manager to file applications to the RIDEM under
the Rhode Island Recreation Acquisition and Development Grant
Program for projects at both Hunter and Freebody Parks in the
requested amount of two hundred seventy five thousand (275,000)
dollars.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
_II
a
RHODE ISLAND
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
235 Promenade Street, Providence, RI 02908-5767 TDD 401-222'4462
October 12, 2011
Mr. Edward F. Lavallee
City Manager
City of Newport
43 Broadway
Newport, Rhode Island 02840
Re: Waiver of Retroactivity, Freebody Park Lighting Improvements
Dear Mr. Lavallee:
In accordance with the request from the City of Newport dated October 6, 2011, the
Department of Enviromuental Management grants a waiver of retroactivity for the 2011
Recreation Acquisition and Development Grant Round to the City of Newport. The
waiver is approved for the proposed development project at the Freebody Park. The
waiver may be applied to the "Small Grants" or "Large Grant" applications.
This waiver is made in full compliance with sections 6.04 of the Rules and Regulations
for the Open Space and Recreation Development Program. The waiver is effective
October 12, 2011, and will remain in effect until the 2011 Grant Awards are announced
(scheduled for January, 2012).
Please note, "the waiver of retroactivity granted in no way ensures the eventual approval
ofthe project" and the City of Newport therefore assumes retroactive costs at their own
risk. The City of Newport must submit a full application for a Recreation Acquisition
and Development Grant during the 2011 grant round.
If you have any questions or need additional information please call Joseph G. Dias,
. Chief of our Planning & Development Division at 222-4700 x 4301 or email
joe.dias@dem.ri.gov.
Janet Coit, Director
cc: J. Dias
o30% post;consumer fiber
CITY OF NEWPORT
CITY MANAGER
Edward F. Lavallee
October 6, 2011
Janet L. Coit, Director
Rhode Island Department of
Environmental Management
235 Promenade Street, Suite 425
Providence, RI 02908
Dear Director Coit:
The City of Newport was pleased to receive the announcement for the new round of Rhode
Island Recreation and Development Grants. The City had previously set aside CIP funds to be
used as a match for the "large grant" program to address serious problems at the Freebody Park
Stadium. Recent sports lighting failures and related safety concerns forced the City to proceed
with a project to upgrade the Musco sports lighting electrical components. A bid has been
awarded to E.W. Audet for $69,850 but the work has not yet begun.
The City ofNewpOlt requests approval to utilize this expenditure as part ofthe cash match in our
future Freebody Park large grant application. A number of years ago a similar "retroactivity"
request letter was submitted and approved for RIDEM funded grant improvements to the historic
Cardines Field facility. We understand approval would not mean that the City was ensured a
grant, only that if awarded the funds expended could be used towards the grant match.
Thank you for your consideration.

City Manager
/paf
cc: W. Riccio, Public Services Director
S. Wheeler, Tree and Grounds Supervisor
E. Harrigan, Recreation Administrator
City Hall, 43 Broadway Newport, Rhode Island 02840
Tel: (401) 845-54.-30 Fax: (401) 845-2510 E-mail: eiavallee@cityofnewport.com
City of Newport
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & City Council
Edward F. Lavallee, City ManagettrrJ
November 2, 2011
Ocean Avenue Seawall Construction Inspection Services Contract Change Order
WilliamR. Riccio, Jr., PE, Public Services Director
The Department of Public Services recommends approval of additional reimburseable project funding to be allocated to
the existing contract with Geisser Engineering, Inc., of East Providence, RI, via State of Rhode Island Master Price
Agreement (RIMPA) #429 - On Call Transportation Inspection Services for purposes ofproviding the required oversight
and project documentation associated with this project. The total additional amount shall be $2,158.50.
The City of Newport approved via resolution #2010-146 a contract with Geisser Engineering, Inc. of East Providence,
RI via State of Rhode Island Master Price Agreement (RIMPA) #429 - On Call Transportation Inspection Services for
purposes of providing the required oversight and project documentation associated with the Ocean Avenue Seawall
Reconstruction Project in an amount of $13,260 based upon an estimate of the time necessary to complete construction.
Oversight of the project is required in accordance with the terms of the subrecipient agreement by and between the City
of Newport aud the State of Rhode Island for this project which stipulates the activities necessary to seek eventual
reimbursement of funds.
Public Services staff had originally estimated that the construction project would take 8 weeks (40 days) to complete for
a total approved cost of$I3,260.00; however, due to weather and construction issues, the actual time needed to complete
the work was 49 days resulting in an additional charge of $2,158.50.
Resolution # 2010-146
FISCAL IMPACT
..1L Currently Budgeted (Account # 13-190-999-133910) _ Requires additional appropriation _ No Fiscal Impact
Resolution
MPA-429 - On-Call Transportation Inspection Services
Fiuance Dept Review: II ).. Date By: -"",,-__ (if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
WHEREAS: The City of Newport approved the contract with Geisser Engineering,
Inc., of East Providence, RI, via State of Rhode Island Master Price Agreement
(RIMPA) #429 - On Call Transportation Inspection Services for purposes of
providing the required oversight and project documentation associated with the
Ocean Avenue Seawall Restoration Project; and
WHEREAS: Due to a longer than anticipated construction timeframe, the project
required additional construction oversight in accordance with the Ocean Avenue
subrecipient agreement with RIDOT.
NOW, THEREFORE, BE IT RESOLVED: That the existing contract with Geisser
Engineering, Inc. of East Providence, RI for construction oversight for the Ocean
Avenue Seawall construction project be amended by $2,158.50 for an amended
not to exceed total $15,418.50.
IN COUNCIL
. READ AND PASSED
Kathleen M. Silvia
City Clerk
THE CITY OF NEWPORT
.''lIt.. "
RES 0 L tf'T to N
OF THE
COUNCIL
No. MJ.P.7.:Iilfi ....
WHEREAS: The City of Newport requires construction
inspection services for the Ocean Avenue Seawall
Rehabilitation Project; and,
WHEREAS: The State of Rhode Island's Master Price
Agreement #479 for On:Call Transportation Inspection
Services includes Geisser Enginel'lring as a vendor able to
provide the required construction inspection services at a
pre-approved negotiated price structure favorable for use
by the City of Newport.
NOW"THEREFORE, BE IT RESOLVED: That the City of
Newport hire Geisser Engineering, Inc., of East Providence,
RI via State of Rhode Island MPA-479 bid for a not to
exceed cost of $13,260.00 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
September 29, 2010
K hleen M.
CIty Clerk
Notice of Contract Purchase Agreement
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
ONE CAPITOL HILL
PROVIDENCE RI 02908
Page 1 of 1
ON-CALL TRANSPORTATION
INSPECTION SERVICES (MPA-429)
GEISSER ENGINEERING CORP
227 WAMPANOAG TRL
RIVERSIDE, RI 02915
Award Number
3167770
Effective Period:
01-DEC-09 -
31-DEC-12
S
I
H
Date: 03-DEC-09
N
I
MASTER PRICE AGREEMENT
Buyer: J MoynIhan
V
MASTER PRICE AGREEMENT
P
SEE BELOW
Shipping: Paid 0
SEE BELOW
RELEASE AGAINST,RI MPA RELEASE AGAINST,RI MPA
United States
Terms: NET30
I
United States
Vendor#: 795
C
~
E
Department
Typo of
Bid Number
Requisition
Requisition Number
N/A
BLANKET REQUIREMENTS: 12/1/09 -12/31/12
WTIH OPTION TO RENEW FOR 2 ADDITIONAL YEARS.
MASTER PRICE AGREEMENT #429
ON-CALL TRANSPORTATION INSPECTION SERVICES PER ATTACHED PRICING.
AGENCY CONTACT:
LUCY MURRAY
(401) 222-2495 EXT. 4406
SUPPLIER CONTACT:
GEORGE J. GEISSER, III, P.E.
TELEPHONE: 401-438-7711
FAX: 401-438-0281
STATE PURCHASING AGENT
Louis A. DeQuattro
This Notice of Award/Purchase Order is Issued in accordance with the specific requirements descnbed herein and the State's Purchasing
Regulations and General Conditions of Purchase, copies of which are available at www.purchasing.ri.gov. Delivery of goods or services as
described herein shall be deemed acceptance of these requirements
State of Rhode Island
Table of Contents
Contract Purchase Agreement 3167770,
o
Contract Terms and Conditions
Tenus and Conditions JI
PURCHASE ORDER STANDARD TERMS AND CONDITIONS 11
TERMS AND CONDITIONS FOR THIS PURCHASE ORDER 11
BLANKET PAYMENT 11
EQUAL OPPORTUNITY COMPLIANCE 11
PURCHASE AGREEMENT AWARD 11
AUTHORIZATION AND RELEASE 11
MULTI YEAR AWARD 11
CAMPAIGN FINANCE COMPLIANCE III
TERMS AND CONDITIONS OF PRICING AGREEMENT III
Page I oflY
State of Rhode Island
Terms and Conditions
o
PURCHASE ORDER STANDARD TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR THIS PURCHASE ORDER
BLANKET PAYMENT
DELIVERY OF GOODS OR SERVICES AS REQUESTED BY AGENCY. PAYMENTS WILL BE
AUTHORIZED UPON SUBMISSION OF PROPERLY RENDERED INVOICES NO MORE THAN
MONTHLY TO THE RECEIVING AGENCY. ANY UNUSED BALANCE AT END OF BLANKET
PERIOD IS AUTOMATICALLY CANCELLED.
EQUAL OPPORTUNITY COMPLIANCE
THIS PURCHASE ORDER IS AWARDED SUBJECT TO EQUAL OPPORTUNITY COMPLIANCE.
PURCHASE AGREEMENT AWARD
THIS IS A NOTICE OF AWARD, NOT AN ORDER. Any quantity reference in the agreement or in the
bid preceding it are estimates only and do not represent a commitment on the part of the state to any level
of billing activity, other than for quantities or volumes specifically released during the term. No action is to
be taken except as specifically authorized, as described herein under AUTHORIZATION AND RELEASE.
ENTIRE AGREEMENT - This NOTICE OF AWARD, with all attachments, and any release(s) against it
shall be subject to: (I) the specifications, tenns and conditions set forth in the RequestlBid Number cited
herein, (2) the General Tenns and Conditions of Contracts for the State of Rhode Island and (3) all
provisions of, and the Rules and Regulations promulgated pursuant to, Title 37, Chapter 2 of the General
Laws of the State ofRhode Island. This NOTICE shall constitute the entire agreement between the State of
Rhode Island and the Vendor. No assignment ofrights or responsibility will be pennitted except with the
express written permission of the State Purchasing Agent or his designee. CANCELLATION,
TERMINATION and EXTENSION - This Price Agreement shall automatically tenninate as ofthe date(s)
described under CONTRACT PERIOD unless this Price Agreement is altered by formal amendment by the
State Purchasing Agent or his designee upon mutual agreement between the State and the Vendor.
AUTHORIZATION AND RELEASE
In no event shall the Vendor deliver goods or provide service until such time as a duly authorized release
document is certified by the ordering Agency. A Direct Purchase Order (DPO) shall be created by the
agency listing the items ordered, using the pricing and fonnat set forth in the Master Blanket. All pricing
shall be as described in the Master Blanket and is considered to be fixed and finn for the term of the
Agreement, unless specifically rioted to the contrary herein. All prices include prepaid freight. Freight,
taxes, surcharges. or other additional charges will not be honored unless reflected in Master Blanket.
MULTI YEAR AWARD
THIS IS A MULTI-YEAR BID/CONTRACT. PER RHODE ISLAND STATE LAW 37-2-33,
CONTRACT OBLIGATIONS BEYOND THE CURRENT FISCAL YEAR ARE SUBJECT TO
AVAILABILITY OF FUNDS. CONTINUATION OF THE CONTRACT BEYOND THE INITIAL
FISCAL YEAR WILL BE AT THE DISCRETION OF THE STATE. TERMINATION MAYBE
EFFECTED BY THE STATE BASED UPON DETERMINING FACTORS SUCH AS
UNSATISFACTORY PERFORMANCE OR THE DETERMINATION BY THE STATE TO
DISCONTINUE THE GOODS/SERVICES, OR TO REVISE THE SCOPE AND NEED FOR THE TYPE
OF GOODS/SERVICES; ALSO MANAGEMENT OWNER DETERMINATIONS THAT MAY
Page" oflV
State ofRhode Island
PRECLUDE THE NEED FOR GOODS/SERVICES.
o
CAMPAIGN FINANCE COMPLIANCE
EVERY PERSON OR BUSINESS ENTITY PROVIDING GOODS OR SERVICES AT A COST OF
$5000 CUMULATED VALUE IS REQUIRED TO FILE AN AFFIDAVIT REGARDING POLITICAL
CAMPAIGN CONTRIBUTIONS WITH THE RI STATE BOARD OF ELECTIONS EVEN IF NO
REPORTABLE CAMPAIGN CONTRIBUTIONS HAVE BEEN MADE. (RI GENERAL LAW 17-27)
FORMS OBTAINED AT BOARD OF ELECTIONS, CAMPAIGN FINANCE DIVISION, 50 BRANCH
AVENUE PROVIDENCE 02904 (401-222-2056).
ARRA SUPPLEMENTAL TERMS AND CONDITIONS
For contracts and sub-awards funded in whole or in part by the American Recovery and Reinvestment Act
of2009. Pub.L.No. I I 1-5 and any amendments thereto, such contracts and sub-awards shall be subject to
the Supplemental Terms and Conditions For Contracts and Sub-awards Funded in Whole or in Part by the
American Recovery and Reinvestment Act of2009. Pub.L.No. I I 1-5 and any amendments thereto located
on the Division ofPurchases website at www.purchasing.rLgov.
lI
TERMS AND CONDITIONS OF PRICING AGREEMENT
SCOPE AND LIMITATIONS - This Agreement covers requirements as described herein ordered by
State agencies during the Agreement Period. No additional or alternative requirements are covered. unless
added to the Agreement by formal amendment by the State Purchasing Agent or his designee.
Under State Purchasing Law, 37-2-54, no purchase or contract shall be binding on the state or any agency
thereof unless approved by the department [of administration] or made under general regulations which the
chief purchasing officer may prescribe. Under State Purchasing Regulation 8.2.1.1.2, any alleged oral
agreement or arrangements made by a bidder or contractor with any agency or an employee of the Office of
Purchases may be disregarded and shall not be binding on the state.
PRODUCT ACCEPTANCE - All merchandise offered or otherwise provided shall be new, ofprime
manufacture, and of first quality unless otherwise specified by the State. The State reserves the right to
reject all nonconfonning goods, and to cause their return for credit or replacement, at the State1s option.
a) Failure by the state to discover latent defect(s) or concealed damage or non-conformance shall not
foreclose the State's' right to subsequently reject the goods in question.
b) Formal or informal acceptance by the State of non-conforming goods shall not constitute a
precedent for successive receipts or procurements.
Where the vendor fails to cure the defect promptly or replace the goods, the State reserves the right to
cancel the Release, contract with a different vendor, and to invoice the original vendor for any differential
in price-over the original contract price.
ORDER AUTHORIZATION AND RELEASE AGAINST PRICING AGREEMENT
In no event shall the Vendor deliver goods or provide service until such time as a dnly authorized
release document is certified by the ordering Agency.
State Agencies shall request release as follows: All releases shall reference the Price Agreement number.
the Contract Issue number. the item(s) covered. and the unit pricing in the same format as described herein.
A Department Purchase Order (DPO) listing the items ordered shall be created by the agency. The agency
may mail or fax a copy of the order to the Vendor. In some cases the agency may request delivery by
telephone, but must provide the Vendor with a DPO Order Number reference for billing purposes. Vendors
are encouraged to require written orders to assure payments are processed accurately and promptly.
DELIVERy If this is an MPA, Vendor will obtain "ship to" information from each participating
agency. This information will be contained in the DPO. APA delivery information will be contained in the
Notice of Award.
PRICING - All pricing shall be as described herein, and is considered to be fixed and firm for the term of
the Agreement, unless specifically noted to the contrary herein. All prices include prepaid freight. Freight,
taxes, surcharges, or other additional charges will not be honored unless reflected herein.
Page III oflV
State of Rhode Island Contract Purchase Agreement 3167770,
o
INYOICING All invoices shall reference the DPO Order Number(s), Price Agreement number, the
Contract Issue number, the item(s) covered, and the unit pricing in the same forrnatas described herein. If
this is an MPA. Vendor wiH obtain "bill torr infonnation from each participating agency. This information
will be contained in the DPO. APA billing information will be contained in the Notice of Award.
PAyMENT - Invoices for items not received, not priced according to contract or for work not yet
performed will not be honored. No payment will be processed to any vendor for whom there is no IRS
W-9 on file with the State Controller.
Page IVofIV
NOTES TO SUPPLIER
lhe following mutual contractual infonnation must be printed on each award:
CONTRACT TeRM: The Contract term will be for an Initial THREE (3) YEARS with the option to
renew annualiy for an additional TWO (2) YEARS, Established fully-Inclusive hourly rates will
form the basis for the Price AGREEMENT. NO OTHER FORM OF COMPENSATION WILL BE
PROVIDED,
CONTRAC'T RENEWAL: At RIDOrS discretion, should the AGREEMENT be extended, additional
. YEARS 4 and 5 will be Increesed by three percent (3%) over the documented rates for the
previous year.
APPREN1ICESHIP: Each AGENCY under this AGREEMENT will be required to Implement a
workforce development plan under Which, for every TEN (10) employees working at any
partlcoiar time, the AGENCY will be required to employ ONE (1) APPRENnCE. RIDm wI!!
reimburse the AGENCY a maximum of TEN DOLLARS ($10.0Q) per apprentIce work hour.
Should the hiring AGENCY choose to pay an hourly rate in excess of$1O.00 per haUl', the hiring
AGENCY wJII be solely responsible to compensate the employee for the difference in payment
and wJII not be reimbursed for said difference under this AGREEMENT.
CONFLICT OF INTEREST: It may be judged as a conflict of Interest If an AGENCY Is also
currently prOViding inspection services for a CONTRACTOR; therefore, on a project by project
basis, If a conflict occurs, the AGENCY will be precluded from providing Inspection services on the
respective RIDOT Contract, It Is the AGENCY'S responsibility to disclose to RIDOT at the time of
each assignment any potential conflict of interest, RIDOT wJII be the sole Judge as to whether or
not any conflict of Interest exists,. Failure to disclose a potential confilct may result in
termInation of services for said AGENCY.
LEVEL 2 CERTIfICATION REQUIREMENTS, Based on active Inspection workload at the time of
work order assignment (on a per project basis), RIDOT may hire based on acr.eptable single
certification status for LEVEL 2 INSPECTION ONLY,
OVERTIME' Overtime Hours are defined as productive hours worked consecutively beyond a
base eight-hour shift excluding lunch. Authorized overtime hours will be granted at the
discretion of RIDOr
PREAUTHORIZED OUT' OF S'TATE TRAVEL RJ;IMBUB.$!lMEN1', It may be necessary for
materials Inspection services under this AGREEMENT to Include out of state pre-cast testing
services. When authorized, services will be bllled. for productive hours only at the accepted
hourly rate for the current contract year Pre-authorized out of state travel expenses must
conform to Departmental polley and applicable federal cost guidelines" Out-ofState
mlleage jper diem expenses will be considered the only reimbursable costs onder this
AGREEMENT" Documentation for all transactions must be presented to RIDOT along with
Invoice voucher. In-state mileage incurred on local InspectIon assignment will NOT be
considered a reimbursable Item by RIDOT.
INVOICING, It Is anticipated that payment for services rendered will be Monthly for pertods
the AGREEMENT Is In use Monthly Invoices ate to be fUlly Iternll'ed fol' hourly
mspectlon charges, ., I.e" productive hours only and If applicable authorized out of state travel
and submitted to the responsible RIDOT Managing Section for review acceptance and
processing for payment _ '
e POLICE DETAILS: RIDOT will acquire any necessary State/Local Police Protection services This will be
done at no coslto the A G E ~ C Y . All paymenlfor Police Protection S,rvices will be done through RIDOT
INSURANCE- E:ach AGE:NCY must maintain current Liability and Workers' Compensation
Insurance from an Insurance source licensed to do business In Rhode Island; updated Insurance
documentation (ACORD 2S Form) must be submitted to RIDor for the lifetime of this
AGREE,MENT
ENGAGEMENT OF FIRM: MPA seiectlon will be based on the least expensive AGENCY to provide
the applicable Inspection category. Should the Managing Section recognize a lack of qualified
personnel avaIlable at a certain level, the Section may request in writing advancement to the
higher priced Inspection level In order to obtain the level of experience required"
FINAL SCREENING! INTERVIEW: AT the point of hiring, the RIDOr Managing Section reserves
the right to set up a final screening/Interview of selected Inspection staff to verify all educational
and technical requirements as set forth In the original RFP. If applicable, past RIDOr
performance will aiso be taken Into consideration In determining final acceptance of Inspection
staff..
PERSONNEL CHANGE: Any request fo,' personnel change must be submitted to RIDor
Managing Section in writing along with proper documentation for formal acceptance.
REFUSAL OF PERSONNEL: RIDDr reserves the right to refuse the services of any personnel at
any time durIng the contract term
610#: 7203899
DESCRIPTION: On-Call Transportation Inspection Services - 3YEAR MPA
MPAAGENCY: Gelsser Engineering Corporation
227 Wampanoag Trail
Riverside, RI 02915
,
CONTACT: George J. Geisser, III, P"E.
(401) 438-7711
PRICING CATEGORY YEAR 1 YEAR 2 YEAR 3
C&M INSPECTOR- LEVEL 1
STRAIGHT TIME
$37,,50 $38.65
$39.80
OVERTIME
$56.25 $58.00
$59.70
.
C&M INSPECTOR - LEVEL 2
STRAIGHT TIME
$37.50 $38.65 $39.80
OVERTIME
$56,25 $58.00 $59.70
CONST RECORD KEEPER
STRAIGHT TIME
$37.50 $38.65 $39.80
OVERTIME
$56.25 $58.00 $59.70
MATERIALS INSPECTOR - LEVEL 1
STRAIGHT TIME
$37.50 $38.65 $39,,80
OVERTIME
$56.25 $58.00 $59.70
STRAIGHT TIME
$37.50 $38.65 $39.80
OVERTIME
$56.25 $58.00 $59.70
STRAIGHT TIME
$50,,00 $52.50 $54.00
OVERTIME
$75.00 $77,,25 $80.00
APPRENTICE
$10.00 $10.00 $10.00
City ofNewport
To:
From:
Date:
Subject:
Staff Presentation:
Applicant Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & Memr. of thf_City Council
Edward F. Lavallee, City Manag ~ .
October 31, 2011
Award of Bid # 12-021 - Rental and Cleaning of Portable Restrooms
William R. Riccio, Jr., PE, Director of Public Services
The Department of Public Services recommends awarding bid # 12-021 for installation and cleaning of portable
restrooms to the sole responding bidder, Hallman Septic Service & Portable Toilet LLC, of Portsmouth Rl for the period
from January I, 2012 to December 31, 2014 with two one year option periods.
The City of Newport provides portable restroom facilities on the Cliff Walk, the Goat Island Causeway, Easton's Beach,
the Mary Street parking lot and for special events. The largest portion of funds budgeted for portable restrooms are for
the long-term rental ofuuits at the Cliff Walk with daily cleaning. Prior to the award of the bid to Sani-Kan in 2010,
Hallman Septic provided and maintained portable restrooms for the city for many years while always providing a very
high level of service while being very efficient and responsive to the City's requests and needs. Based upon past fiscal
year expenditures, we anticipate an annual expenditure not to exceed $20,000 per season.
N/A
FISCAL IMPACT
l Currently budgeted: (Accounts # 07-800-5200-50225 Marv Street, # 08-800-5300-50225 Easton's Beach, # 11-400-
1505-50225 Cliff Walk and Goat Island Causeway) _ Requires additional appropriation _ No Fiscal Impact
Resolution
Finance Dept Review: (if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
WHEREAS: The City of Newport requested Sealed Bids for Installation and Cleaning of
Portable (City wide) Restrooms, Bid # 12-021. Bids were received on 10 Oct.2011.
WHEREAS: Award has been recommended to the sole responding bidder Hallman Septic
Service to Portable toilet LLC, of Portsmouth RI for the period of January 1, 2012 to
December 31, 2014 with two one year option periods (same months) at the submitted unit
bid prices:
tern la. $14.50per day, wi daily cleaning, for standard units,long-term rental (1 month or more)
tern lb. $19.50 per day, wI daily cleaning, for ADA units,long-term rental (1 month or more)
tern 2a. $65.00 per week, wI 3 cleanings, for 1- 3 standard units, short-term rental (less than 1 month)
tern 2b. $70.00 per week, wi 3 cleanings, for 1 -3 ADA units, short-term rental (less than 1 month)
tern 2c. $60.00 per week, w/ 3 cleanings, for 4 or more standard units, short-term rental (less than
lmonth)
tern 2d. $65.00 per week, wi 3 cleanings, for 4 or more ADA units, short-term rental (less than Imonth)
tern 3a. $10.00 per day, wi 3 cleanings per week, for standard units, long-term rental (1 month or more)
tem 3b. $12.50 per day, wi 3 cleanings per week, for ADA units, long-term rental (1 month or more)
xtra Cleanings as follows:
1. $15.00 per additional scheduled cleaning
$25.00 per additional emergency cleaning.
ne day notification required for delivety of units
NOW THEREFORE, BE IT RESOLVED: That the bid of Hallman Septic Service & Portable
Toilet LLC, of Portsmouth RI is hereby accepted at a cost not to exceed $20,000 and the
Mayor is authorized to execute a contract on behalf of the City, subject to favorable review
by the City Solicitor.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
,r
Bid # 12-021
LIst the Officers of your Corporation or Principals of your LLC. Award can not
be done without.the attachment.
Name
Name
Name
Name
Name
Name
Name
Name
Name
15
TitleiOfflcerlPositlon
TitleiOfficerlPosition
TitlefOfficerlPosilion
TltleiOfficer/Posltion
TitleiOfficer/Position
Title!OfficerlPosiUon
TitleiOfficer/Posltion
.... ,.'
,Page 1 of2 STATE OF RHODE ISLAND
BOARD OF LICENSING COMMISSIONERS
Newport 2011
Class BV # 523 Entity: Corporation
file llillllC J.jq I Ul.L(\.YJ1'.!'al'pt'.klge.doc
;.1
TELEPHONE
Al)1o\lill ofSlbckOR LLC %
50
50
OCT "6 2011
100
! i J t
Common
Common
License Number: 523
2000
Address
HOME ADDRESS
Ainount'&fThis Class Autho;ized:
if LLC, List Mana er under President and chan e title to "Mana er" :
LLCMembers ofSloek
A&O;Inc.
A, Bach:Sorensen
NAME
A, Bacl1;Sorensen
A.
599 St., per plans on file in City Clerk's Office, which includes the sInali 1JO.square foot area in fronLolthe ac}.ual
:.<,';' .'. . . .' I;: . ..:'
tS,i,n front of the terrace ,area L.. ,.. ' '." ,"c. I
ess Teleph()neN0:
--'
Disapproved by COUltcii _
:tPlr.]'-c----- License & Section 5.12 Received by _
'" APPLICATION FOR LICENSE FOR CORPORATION OR LLC
CLASS: I BV
, TELEPHONE
Amouni,ofStotk ORLLC %
8000
Newport 2011
8000
SIP 2.6 2D11
ComiUon ..
8000
30 Calvert St. New Olt RI
HOME ADDRESS
Amount of1'his Class Authorized:
,Address
Colonilll Tavern, Inc.
NAME
Ciriotti
Stock Owners OR LLC Members w/%ihterest OfStock
irector/Board Member
Colonial Tavern
ApPLICATION FOR LICENSE FOR CORPORATION OR LLC
I BV
18 Broadway,pirst Floor
No;
L- --'-------'
if LLC, List Mana er under Presi.denl atid chan e title to "Mana er" :
, Corporation Class BY # 512 Entity: Corporation
I,ll5'1 I'",,,e" IIl(UUII 3:42 Vvl fiiL: IlWllC: Lil)) OLLCCOl\P;lppMcrgc.duc
Page 1 of2

- - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW TI;US LINE - - - - - - - - - - - - - - - - - - - - -- - -
1'$25 License 1
2
000 IDate Paid: I I
Disap/ll'Oved by Council ---
Date License & Section 5.12 Received by _
Page I of2 STATE OF RHODE ISLAND NEWPORT 2011
APPLICATION FOR CLUB LICENSE
,... RETAILER CLASS: License Number: Ie-.
Friendly Sons of Newport Sodal Club
Friendly Sons of Newport Sodal Club, Inc.
iSllS:' 3-5 Farewell Street, First Floor
Fbi Dosiiless: 8480807
...... e: Incorporated: Date ofIncorporatiop :F/SlI988
aria TeL # of All Officers
"<'-""
'-',.- .
. by Council: Disapproved by _
Date License & Section 5.12 Received by __
:.bquor Application for Club D 706
l;asi -prin{;.',d j (I,::[ .. ',:f)! j {):(ii
1
.'\\:1
Page 2 of2
DIBIA Friendly Sons of Newport Social Club
, Name of Person in Charge of Bar:
board:
Address of Person in Charge of Bar:
NEWPORT 201 I
Salary $ fixed by
Yes
.
':;'(b) Date of annual meeting?
:<; anyone olher than the club derive profits from sale of akoholi, beverage? ,:1 No, ,', I
N""".' I . 1_'I::':' '___I
,c:lub'operated solely for member's benefit? .' 1 Yes I
;'; I
':,"'"','--'
".' ,
, , 'cate of Liability and Proof of Worker;s Corilpensafi,bnlrisurance aftaclled.
certify the above statements true and belief. '.
- -- ,.." II"
'. - -.-. - .'-.""::-'>'.- .- -- - - - .... ...;'m< --;.,? -: __ ". C;;".' -----------"
:':S1gn' u . (of club officer ..Z4;;'C,p4'i:nt Date of Signature
of Licensing Board r Notary Public
Liquor Application for Club D 706
La,;! printcd !Oi:l':!Ull {):(JO ;\.1\1
Date Commission Expires (for Notary)
)1- q-II
," "
i '
CITY OF NEWPORT At,8/2/P5,V, jtl
Board of Licensing Commissioners I UI OCT - 6 2011 "
APPLICATION FOR TRANSFER OF ALCOHOLIC BEV RAbELICENSE
I
r',
__--,-- _
Check Here That Applicant(s) has/have presented himself/herself at the B.C.I. Section of the
Newport Police Department for fmgerprinting and a routine check has been completed. _
CLASS A BL ,BT X BV __C D __E J
TYPE OF TRANSFER OWNERSHIP LOCATION X , STOCK
____OTHER, Explain _
,
NAME OF TRANSFEROR _
DlB/A, TEL. # _
BUSINESS ADDRESS _
-. . ',
Transferor hereby petitions the Licensing Board to transfer the said license to:
NAME OF TRANSFEREE, _
D/B/A,_-----------------_-TEL. # _
NEW LOCATION, ifapplicable _
If Change of Stockholders, List OLD & NEW Stockholders: (attach separate sheet ifnecessary)
SEE ATTACHED
Cullen
-;{O/3 '
DATE OR DATE COMMISSION EXPIRES IF NOTARY
N. T. Corporation by Thomas D.
07/09/2013 PRINT NAME
'1Q4)ol3
"""" ...U.BLIC DATE OR DATE COMMISSION EXPIRES IF NOTARY
vid D. Cullen Keith B. Cullen
Matthew C. Cullen Tyler B. Cullen
PRINT NAME
Use
License Issued by: Date Issued: _
ACTION OF COUNCIL ACTION DATE _
. App03LiquorTransfer
ATTACHMENT
FOR
APPLICATION FOR TRANSFER OF STOCK
Current Stockholder:
Ii!
il Ii OCT .- G ?Oll
i,--j
,
Thomas D. Cullen
New Stockholders:
Voting Stocl<
100 shares
100%
Non-Voting Stock
l..
7,900 shares
100%
1.25% of Equity Interest:
Thomas D. Cullen 100 shares oshares
100% 0%
98.75% of Equity Interest:
David D. Cullen oshares 1,975 shares
0% 25%
Keith B. Cullen oshares 1,975 shares
0% 25%
Matthew C. Cullen oshares 1,975 shares
0% 25%
Tyler B. Cullen oshares 1,975 shares
0% 25%
Page 1 of 2 STATE OF RHODE ISLAND
BOARD OF LICENSING COMMJSSIONERS
APPLICATION FOR LICENSE BY CORPORATION or LLC
RETAILER CLASS: FJilm orCircleOne A, BH, BM, BT, 13V, BVL, C, E, ED, J, T
N. T. Corporation
D/B/A
The Black Pearl
Premises:
Bannister's Wharf, Newport, RI 02840
State Inco orated: Date of Inco oration 8/3/1976 Business Telephone No: 401.846.5264
Name Address and Tel # of All OffIcers (if LLC List Manaaer under President and chanoe title to "Manaoer")'
--
TITLE -NAME HOME ADDRESS , TELEPHONE
President Thomas D. Cullen 60 Beacon Hill Rd.. Newport. RI 02840 401.846.9853
-
Vice-Pres. Thomas D. Cullen 60 Beacon Hill Rd .. Newport, RI 02840 401.846'.9853
Secretary
Thomas D. Cullen 60 Beacon Hill Rd., Newport, RI 02840 401.846.9853
Treasurer Thomas D. Cullen 60 Beacon Hill Rd., Newport, RI 02840 401.846.9853
Name of Each Director/Board Member Address
--
-
J\.1ailmg Address; Choose a) BuslOess Address, or b) Owner Address, or c) Other. If Other Ple.ase speCify below:
""-"",,-,, ----,-

IfCorDoration, Classes of Stock Amount of ThlS Class Authorized ThIS Class Issued
,- --,
Common Voting
100 100
Non-voting 7,900 7,900
,
,
,'Name Reoistered' SFickOwners'ORLLCMerilbers W/%il1t'elest-- Class(os) ef Stock
- ." .. _-
Arne'unt ofSwck OR LLC 'X
-
Thomas D. Cullen - voting Common 100
David Cullen non-voting
--
D. -
1,975
Keith B. Cullen non-voting
-
1,975
-
L,:IIW,llen - non vonng
'- 1915
T" Ipr B. 0 I Ipn - nnn-vntin<> 1',975
- - - - - -- - - - , - - -- - - - - - - - - - -- -- -- -- - - -DO NOT WRITE BELOW TIDS LINE - - -- -- - -- -- - - - -- - - - -- - - - - -- - - - -- --
Filing Fee: Date Paid: I I License Fee: I IDate Paid: 1 _
Approved by Council Disapproved by Council _
Issued By Date _
Liquor ApplicatIon by Corporation IcClass_of_License)/ # (INumber_or_License)} Entity: ((Applic,lIionTypell
]Wi1i'.c:.:d il':iit1:,'i!2 ; I -, '1 t\i,-l
Page 2 S=-T=-Ac=-:.T.:::E,-,O=-F=-.:cRH=-=-O=-D=-=E.-:I.:::S=L=-A=-N=-[=-)___ Newp011'
ID/B/A: - ----
.. For each yes and no question, please write in YES if yes or NO if nO
.. Where necessary, use additIOnal pages for explanations.
Is any of the above stock pledged? no If yes, provide details: +
Is application on behalf of undisclosed principal or party in interest? e If yes, give details'
Bannister's Wharf
Does Applic.ant Own premises?1 no F:perty Mortgaged.
If Mortgaged or Leased Amount of Extent: $40, 000
I------:--c'-----,----------------_---.
Name and Address of Mortgagee or Lessee:
'----------,---,---------------'
Have any of the applicants ever been arrested or convicted of a crime? If yes, explain: +
Is any other to be carried on in Licensed Premises? e If yes, explam: ..
If yes. explain .. Is any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer?

Do any of the applicants have any interest, direct or indirect. as principle Qr associate, or in any manner whatsoever, in any retail
I,cense issued under Cli 3-7 ofR_I.G_L.. 1956, as amended? If yes, explain: +
Is Applicant the owner or operator of any other business?
L --.-_--,-- -----.J
lfyes, explain (use separate page if necessary.) ..
no
'-----------r=====,-----------J
State amount of capital Invesled in the business. __
I hereby certlfy that the above statements are true to the best of my knowledge and belief:
fJ. Cu/t= I I' {j----.J
Signature of Applica. t ' (see note beJowCAROL A. LEARY Date of Signature
iJ' My Commission Expires 07/0912013 7-1 atA25
Witness of Licensing B'o or . Date ofWitm;ss or n'Otary
... --.-.--------.--- .. _-- -IifstilictibIis [of Applitarits un --eommisB-l:on-expir-atlOU- -date-- u_
1_ Every question on Application Fonn must be answered. Any false statement made by the Applicant will be sufficient grounds for
the denial of the application or the revocation of the license in case one has been gr'anred.
2 Corporations having 25 or more stockholders nee" not file a list of the names and addresses of Stockholders (Question #8)
3 Attention is called to the requirements of the 1963 amendment of Section 3-5-10 of the General Laws.
a All new]yelected officers or directors must be reported to the Board of License Commissioners within 30 days.
b Any acquisition by any person of more than ten percent (10%) of any class of corporate stock must be reported within 30 days.
c. AIJy transfer of fifty percent (50%) or more of any class of corporate stock can be made only by written application to the
licensing board subject to the procedures for a transfer of a license
COPY SHALL 8E FORWARDED TO LIQUOR CONTROL ADMTNISTRAnON BY CITY CLERK
NEW APPLICANTS: ------------ Approval from Police - - B.CI. Section for [mge rinting and a routine check was made.
1'JOTE: For new, transfer, expansion, or renewal the owner(s) must sign. In a corporation, the officers should sign; in an LLC. the "designaled
manager" and members are to sign_ Weare no longer 10 accept the signalure of a manager or attorney on behalf of the owner.
Liquor Application by Corporation Class II ({Number_.of_Licensc)) Entity: {(AppJicalionTypeJl
L::.;;I p,intez! '.!9/'.';:Jf)1 l !y:
CITY OF NEWPORT
Board of Licensing Commissioners
i
;, \I ,_.
: I.,i,' ,.:.-.=!
II 11: OCT'/ 4
-'I
L.,.
?on
APPLICATION FORTRANSFER OF ALCOHOLIC BEVERAGE LICEN E
DATE If) If I (
Check Here That Applicant(s) has/have presented himselflherself at the B.C.I. Section of the
Newport Police Department for fmgerprinting and a routine check has been completed. __
CLASS A BL./ BT BV C D E J
-- -- -- _---.:
TYPE OF TRANSFER __,/' __OWNERSHIP LOCATION ,/' STOCK
__V__OTHER, Explaine...-- _
NAME OF TRANSFEROR Set> J..p/
.--:=:..:::..-.:....-.:...:.'---"=-'-=-"'----------------,-
D/BIA.__---:c'f_
I
_r?---<:.;'V:---"-d._L-1b-=-=- TEL. #
BUSINESS ADDRESS :zc, 7
NAME OF TRANSFEREE J:.u
D/BIA if iP /VIV1h TEL. # fr h gop / fL
NEW LOCATION, if
If Change of Stockholders, List OLD & NEW Stockholders: (attach separate sheet ifnecessary)
Se.e !fr.vW,/ .
---------------
PRINT NAME
If l(p/l'-l
ACTION OF COUNCIL _
. App03Liquw"Tl'ansfer
ACTIONDATE _
: ;
BH/BT Ownership Interest Transfer ; .
, i
NAME: Forty 1
0
North, LLC
DATE OF ORGANIZATION: April 5, 2007
MEMBER: 802 Partners, LLC
PRESENT OWNERSHIP INTEREST IN 802 Partners, LLC:
OCT 1 /1 )011
Peter M. Borden
George W. Moore
50%
50%
CHANGES IN OWNERSHIP INTEREST IN 802 Partners, LLC:
Dorrance H. Hamilton
PGEM,LLC
Members: Peter M. Borden
George W. Moore
97%
50% } 30/<
50% 0
S:\TScott\CLlENTS\41 N0I1h 9413\9413.5 41 N0I1h - Hamilton\BH.BT Ownership Interest Transfer.wpd
Page I of2 STATE OF RHODE ISLAND Newport
j ,
APPLICATION FOR LICENSE FOR CORPORATION OR LLC
I Br I License Number: Number_of_License !I
OWNERSHIP: fi.v- Wn-
Premises "3 /h. PvvvJ?
J - 7'0 P..evv
RETAILER CLASS:
State - Inco orated: :c Date ofInco
Name, Address and Tel. # of All Officers (if LLC, List Manager under President and change title to "Manager" :
TITLE NAME HOME ADDRESS TELEPHONE
hJ7-
(,L C
N6f(OI

W

-d,,!?
Secretary
Treasurer
MaIlmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. If Other Please specIfy below:
Name of Each DirectorlBoard Member Address
..
If Corooration, Classes of Stock: Amount of This Class Authorized: Amount of This Class Issued:
..-
Name Registered Stock Owners OR LLC Members w/%interest Class(es) of Stock Amount of Stock OR LLC %
>"tt-1A U.
If 1m

P6--/M I. l- t.
"
:
"3%
pI..u.. /l1.
o 'f /f1.../b.t
4 R t..,.... t'v'. /IAnv'4'
I J
Filing Fee: Date Paid: I I License Fee: I IDate Paid: I I
Issued By Date License & Section 5.12 Received by _
Liquor Application by Corporation
1,C1st prinicd 919i2() II 2: 16 PM
Class Class_oCLicense # Number_oCLicense Entity: ApplicationType
11k lHlmi:': LiqJ 11.I.CCCJRPapp\:lcrge.d{I(>
Page 2 of2 STATE OF RHODE ISLAND Newport
I
I
For each yes and no question, please write in YES if yes or NO if no.
Where necessary, use additional pages for explanations. -------------------
Is any of the above stock pledged? I/VI? I- If yes, provide details:
Is application on behalf ofundisc!osedl.Aro I_ If yes, give details: I
principal or party in interest? .-_-=:;--------;===;----------
Does Applicant Own premises?1 IV.., I_property Mortgaged? I (VI? I - Property
IfMortgaged or Leased: Amount of Extent:
f--=-----:=;---,-.l..-------------------,
Name and Address of Mortgagee or Lessee: 'i1'() ')- 'J? , L.-' l. L
l...-=...:....---'---'---,-,J--'---,-----------------'
Have any of the applicants ever been arrested or convicted of a crime? I ,IV i> I - If yes, explain:
Is any other business to be carried on in Licensed Premises? I i I- If yes, explain:
I
Is any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? Irc I- Ifyes, explain:
Do any of the applicants have any interest, direct or indirect, as principle or associate, or in any manner whatsoever, in any retail
license issued under Ch.. 3-7 ofR.LG.L., 1956, as amended? - If yes, explain:
I I )'Lj c. /1<1
Date Commission Expires (for Notary)
State amount of capital invested in the business. "72. t/() V OJ)e!. -
Certificate of Liability Insurance and Proof of Worker's Compensation Insurance must be attached.
m
l
yknowledge and be1lief:
: 4.. ::-.. .: !f) Is /1:<91}
Signature of Applicant' (see note below) Date of Signature
..
WI nsTifg'Bo';;:'d"or-i\I 0 TARY PUBL I C
'NOTE: For new. transfer. expansion. or renewal the owner/s) must sign. In a corporation. the officers should
sign: in an LLC. the "designated manager" and a member are to sign. We are no longer to accept the signature
of a manager or attorney on behalf of the owner.
1. Every question on Application Form must be answered. Any false statement made by the Applicant will be sufficient
grounds for the denial of the application or the revocation of the license in case one has been granted.
2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).
3. Attention Is called to the requirements of the 1963 amendment of Section 3-5-10 of the General Laws.
a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.
b. Any acquisition by any person of more than ten percent (10%) of any class of corporate stock must be reported
within 30 days.
c. Any transfer of fifty percent (50%) or more of any class of corporate stock can be made only by written application
to the licensing board subject to the procedures for a transfer of a license.
Liquor Application by Corporation Class Class of License # Number of License)) Entity: ApplicationType))
1,<1st 9/9/2() I J 2: 16 P:-.,..l file 1l<l1l1,;:: J j(llll.LCCORPappMcfge.J{lc-
CITY OF NEWPORT
Board of Licensing Commissioners
O
e'r q,
jv I '
Gii"Y i,::- ,
APPLICATION FOR TRANSFER OF ALCOHOLIC BEVERAGE ICENS!E!.{ c!,' "!
_.... ..,,'"- -"...
DATE tV) / I(
Check Here That Applicant(s) has/have presented himself/herself at the RC.I. Section of the
Newport Police Department for fmgerprinting and a routine check has been completed. __
CLASS A BL BT BV C D E J c/!!> H
---' --- ----
TYPE OF TRANSFER v OWNERSHIP LOCATION v STOCK
v OTHER, Explain 'N"i !} tty
NAME OF _
D/B/A ttl t? jII,y/),.. TEL.# ,&yP ttJ/
BUSINESS _
NAME OF TRANSFEREE .J:t.p 4'
D/B/A .IfItPJVN'/),... TEL. # &1.f 6 f;7? I f
NEW LOCATION, if
If Change of Stockholders, List OLD & NEW Stockholders: (attach separate sheet if necessary)
s:u 1/ /frt. tYW'/
'l'AAYi'UBLIC DATE OR DATE COMMISSION EXPIRES IF NOTARY
ACTION DATE _
License Issued by: Date Issued: _
ACTION OF COUNCIL, _
. App03LiquorTnllJsJer
BH/BT Ownership Interest Transfer
NAME: Forty 1
0
North, LLC
DATE OF ORGANIZATION: April 5, 2007
MEMBER: 802 Partners, LLC
PRESENT OWNERSHIP INTEREST IN 802 Partners, LLC:
Peter M. Borden
George W. Moore
50%
50%
CHANGES IN OWNERSHIP INTEREST IN 802 Partners, LLC:
Dorrance H. Hamilton 97%
PGEM,LLC
Members: Peter M. Borden 50%} 3%
George W. Moore 50%
S:\TScott\CLlENTS\41 North 9413\9413.5 41 North - Hamilton\BH.BT Ownership Interest Transfer.wpd
Page 1 of2 STATE OF RHODE ISLAND
BH
RETAILER CLASS;
,...__ . - .. ,-- ,.'
-, .. '
OWNERSHIP:
fin,-A
/ p/VN"1J-..
,
l-I-- C-
D/B/A:
IfI v ;v';"v 7h
Premises
I

It( ,-- "2.-P j7Rt/V., /l1,'1 /
State - Incornorated: I 'f2-'1: IDate ofincornoration:I' If/ {/o 71 Business Telephone No: I
trt.t god"
Name, Address and Tel. # of All Officers (if LLC, List Manager under President and change title to "Manager" :
TITLE NAME HOME ADDRESS TELEPHONE

2-v '2-- 17
IA,to

$"< bA.

VicewPres.

oIi .LL,. 4...P.I
Secretary
Treasurer
Name of Each Director/Board Member Address
. . .
MaIlmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. If Other Please specify below:
i'" .

If Corporation, Classes of Stock: Amount of This Class Authorized: Amount of This Class Issued:
1\
I, /
IL
'i'J '" r:

Name Registered Stock Owners OR LLC Members w/%interest Class(es) of Stock Amount of Stock OR LLC %__
1..\ V l-.
/-I. !fwn,', / .J-v,.
'Pt- t IV\. IA.-L
A. b
A '"
,
'3 'Yo

M.
'" P .. " f!evf,..p /
1N"V(/ /#.
(}ttt:f}lv.r<>
...
oJ

Filing Fee: Date Paid: I I License Fee: I IDate Paid: I I
Issued By Date License & Section 5.12 Received by _
Liquor Application by Corporation
l.ast printed 9/C)/2011 1:16 PI\1
Class Class_oCLicense # Number_of_License Entity: ApplicationType)
fik' lltlllk': Jj(llll.I.CCOHPappi\:1<:rgc.(k'l,.'
Page 2 of2
I D/B/A
STATE OF RHODE ISLAND Newport
I
I
1- (... e.
I. If yes, explain:
Is any other business to be carried on in Licensed Premises? I '{.I I I- If yes, explain:
For each yes and no question, please write in YES if yes or NO ifno.
Where necessary, use additional pages for explanations. r-------------------
Is any of the above stock pledged? I;V CJ I_ If yes, provide details:
_!===========
Is application on behalf of undisclosedE]- Ifyes, give details: I
principal or party in interest? r----=:;--------r.===;----------
Does Applicant Own premises?l;Vl I-property Mortgaged? I ;Vp I - Property Leased1Y;:>:$ I-
If Mortgaged or Leased: Amount of Extent:

Name and Address of Mortgagee or Lessee: t7J 2. /7tA-v

Have any of the applicants ever been arrested or convicted of a crime? I II/'i?
I
I Ih I-d fI e.... .fv.o ,.-u.... I
Is any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? I;J',} ,- If yes, explain:
I'-----
Do any of the applicants have any interest, direct or indirect, as principle or associate, or in any manner whatsoever, in any retail
license issued underCh.. 3-7 ofR.I.G.L., 1956, as amended? _ If yes, explain:.
State amount of capital invested in the business. > P rI If'lJ '0
Certlfi",.. of Fbll"Y,,,""'"'" a"d Pmof of Wmker, C,mpe"e"'" ,,,""'"'" moo' be a.a,hed
bt
Si (see note below) Date of Signature

I I'L /0-. / I -'f
IT N E S S 0 f LIe ens I n g Boa r d 0 r NOTA R Y PUBL I C Date Commission Expires (for Notary)
'NOTE: For new. transfer. expansion. or renewal the owner/s) must sign. In a corporation. the officers should
sign; in an'LLC. the "designated manager" and a member are to sign. We are no longer to accept the signature
of a manager or attorney on behalf of the owner.
1. Every question on Application Form must be answered. Any false statement made by the Applicant will be sufficient
grounds for the denial of the application or the revocation of the license in case one has been granted.
2. Corporations having 25 or more stockholders need not liIe a list of the names and addresses of Stockholders (Question #8).
3. Attention is called to the requirements ofthe 1963 amendment of Section 3-5-10 of the General Laws.
a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.
b. Any acquisition by any person of more than ten percent (l 0%) of any class of corporate stock must be reported
within 30 days.
c. Any transfer of fifty percent (50%) or more of any class of corporate stock can be made only by written application
to the licensing board snbject to the procedures for a transfer of a license.
Liquor Application by Corporation Class Class of License 1/ Number of License Entity:
printed 9/9/20 II 2: 16 PM Uk 1l<111W:

Newport City Council Docket 11/09/11

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DOCKET OF THE COUNCIL MEETING

Register your home or business at 848-6707. Categories are:

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Salve Regina University Holiday Band Concert, 3 p.m., Casino

Register your home or business at 848-6707. Categories are:

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Register your home or business at 848-6707. Categories are:

Si (see note below) Date of Signature

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