CITY OF NEWPORT

DOCKET OF THE COUNCIL

The following items of business, filed with the City Clerk under the Rules of the
Council, will come before the Council at its regular meeting to be held on
August 11, 2010, at 6:30 p.m.

PLEDGE OF ALLEGIANCE 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 of the regular
council agenda and must be related to substantive city business. No comments
regarding personnel or job performance are allowed.

1. PUBLIC HEARING: Proposed Amendment to Titled 17 of the Codified

Ordinances, entitled, "Zoning," Chapter 17.80, "Historic District Zoning."

• Ordinance amending Title 17 by deleting Chapter 17.80 in its entirety

and adding a new Chapter 17.80, entitled, "Historic District Zoning."
(First Reading)

• Recommendation of the Planning Board (to be forwarded following

Planning Board's August 16th meeting)

2. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY

UNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED
SUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)

a. Minutes ofthe July 28,2010, Council Meetings (Approve)

It is the practice orthe 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 applications and communications, can be viewed on the City of Newport website: U'wU'.citvomewport.com
- "Current Newport City News & Announcements" - Click on "MORE NEWS." Council Meeting can be viewed on Cox Cable, Channel 18;
check local listings for dates and times. A DVD of the Council Meeting is also available at the Newport Public Library within 48 hrs. of the
meeting.

LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT

THE NEWPORT POLICE STATION, WHCH 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 ACCOMMODA-
TIONS MUST ALSO NOTIFY THE CITY MANAGER'S OFFICE 48 HOURS IN ADVANCE OF THE
MEETING.
DOCKET OF THE COUNCIL
August 11,2010
Page 2

b. Special Event Licenses:

1) Rec Reunion Association, d/b/a Yard Sale; 53 Marlborough St.,

August 14, 2010, from 8:00 a.m. to 2:00 p.m.

2) Elmwal Associates, d/b/a Music at Long Wharf Mall; Outside shops

at Long Wharf Mall, August 21,2010, from 1:00 p.m. to 5:00 p.m.

3) Rose Island Lighthouse Foundation, d/b/a Rose Island Lighthouse

Clambake; Rose Island, August 21,2010, from 11 :00 a.m. to 3:30
p.m.

4) St. Augustin's Church, d/b/a Centennial Celebration; Church lawn,

Carroll and Harrison Ave., August 22,2010, from 5:00 p.m. to 7:00
p.m.

5) BNRA Productions, d/b/a Day at the Derby; 207 Ruggles Ave.,

August 23,2010, from 8:00 p.m. to Midnight.

6) Museum of Yachting, d/b/a Classic Yacht Regatta; Fort Adams

State Park, September 3-5, 2010, from 9:00 a.m. to 11:00 p.m.

c. Holiday Selling License, New, Jose M. Marte, d/b/a La Chapina, 312

Broadway.

d. Pedicab Operator License:

1) Norris Goldberg, 91 Point Judith Rd., Narragansett, RI
2) David Bryce Vidich, 9 Upper College Rd., Kingston, RI

e. Communication from Deacon Edna Wells, Community Baptist Church

asking permission to close a section of Dr. Marcus F. Wheatland Blvd.
and Burnside Ave. to Bosworth Court on August 28,2010, from 11:30
a.m. to 5:00 p.m. for their Annual Neighborhood Cookout and Barbecue.
(Approve subject to details being worked out with the city administration.)

f. Communication from Kelley Warnick, Event Planner, Newport Heights,

asking permission to use Miantonomi Park for a summer picnic on August
DOCKET OF THE COUNCIL
August 11,2010
Page 3
20,2010, from 11 :00 am. to 3:00 p.m. (Approve subject to details being
worked out with the city administration.)

g. Communication from Nancy Piffard, Show Director, Newport

International Boat Show, asking permission to place boats on trailers with
signage at Long Wharf Mall and the Humphrey J. Donnelly, III, Visitors
Center, from August 30 to September 20 th • (Approve subject to details
being worked out with the city administration.)

h. Communication from Bernt Holmboe Klafstad of Norway, re: How the

Viking Tower in Touro Park originated. (Receive)

1. RI Ethics Commission, re: Request for Comment: New General

Commission Advisory: Historic Architects Who are Members of Historic
District Commissions.

J. Communication from the Coastal Resources Management Council, re:

Intent to change management plans, policies, procedures and regulations
of the agency. (Receive)

k. Claim of Erin O'Malley, by attorney (Receive and refer to city solicitor)

LICENSES AND PERMITS

3. Application for an Annual Entertainment License, Class A & B, New, Marina

Cafe, LLC, d/b/a Marina Cafe, 3 Marina Plaza: Indoor Entertainment, subject to
doors and windows being closed; Outdoor Entertainment limited to two small
speakers on deck, with music to 11 p.m., Sundays through Thursdays, and to
Midnight on Fridays, Saturdays and Sundays before a Monday holiday.
(Second Hearing)

4. Application for a Victualing License, New, Amanda Bryan, d/b/a It's My Party
Bake Shoppe, 84 William St.

5. APPOINTMENTS TO BOARDS AND COMMISSIONS

Newport-Bristol County Convention and Visitor Bureau - Reappointment

of Stephen Coyne and Karen Oakley
DOCKET OF THE COUNCIL
August 11,2010
Page 4

RESOLUTIONS

6. Signage on City property - K. Leonard

COMMUNICATIONS FROM THE CITY MANAGER

7. Communication #4649/10 (revised 712812010), re: National Grid Easement-

Harrison Avenue Substation (with accompanying resolution; continued from
July 28, 2010)

8. Communication #4739/10, re: Tiger II Grant Application for Broadway

Streetscape Improvements (with accompanying resolution)

9. Communication #4740/10, re: Bid Award for Water Division Office/Garage

Roof Replacement (with accompanying resolution)

10. Communication #4741/10, re: CSO Stakeholders Workgroup (with

accompanying resolution)

11. Communication #4742/10, re: Bid Award for Wellington Ave. Sanitary Sewer
Interceptor Replacement (with accompanying resolution)

12. Communication #4743/10, re: Amendment #1 to Contract #10-0008 for

Engineering Services, Thames St. and Wellington Ave. Sanitary Sewer
Improvements (with accompanying resolution)

13. Communication #4744/10, re: School Department Lease-Purchase of Energy

Equipment (with accompany resolution)

14. Memorandum from the City Manager, re: Plans for Lower Thames Street and
Washington Square Improvements.

ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE

COMMISSIONERS
DOCKET OF THE COUNCIL
August 11, 2010
PageS

BOARD OF LICENSE COMMISSIONERS

CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS

THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO
COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)

Class F Daily Liquor License, Rose Island Lighthouse Foundation, d/b/a Rose
Island Lighthouse Clambake; Rose Island, August 21, 2010, from 11 :00 a.m. to
3:30 p.m.

ADJOURN

Kathleen M. Silvia
City Clerk

August 4, 2010
 CITY OF NEWPORT, RI
ORDINANCE
OF THE
COUNCIL

NO.

AN ORDINANCE IN AMENDMENT OF TITLE 17 OF THE CODIFIED ORDINANCES OF

THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 2000, AS AMENDED,
ENTITLED, "ZONING."

BE IT ORDAINED by the City ofNewport:

SECTION 1. Title 17 of the Codified Ordinances of the City of Newport, Revision of 1994, as
amended, is hereby further amended by DELETING IN ITS ENTIRETY Chapter 17.80 and
ADDING IN LIEU THEREOF THE FOLLOWING:

Chapter 17.80. HISTORIC DISTRICT ZONING

17.80.010. Purpose.
17.80.020. Definitions.
17.80.030. Designation of historic districts.
17.80.040. Historic district commission.
17.80.050. Powers and procedures of the commission.
17.80.060. The Newport Standard for treatment of historic properties.
17.80.070. Special considerations regarding valuable historic resources and demolition.
17.80.080. Failure ofthe commission to act.
17.80.090. Advisory role.
17.80.100. Exceptions.
17.80.110. Appeals.
17.80.120. Enforcement.

17.80.010. Purpose.
The purpose of historic district zoning in the City of Newport is to protect our historic assets
and to guide new growth in ways that enrich and maintain Newport's sense of place and authentic
historic character, for now and for future generations.
Newport has a remarkable built environment recognized as unique .among American cities,
including the most extensive collection of extant 17th and 18th century colonial structures in the
nation; a broad array of mid-19th century resort architecture, much of it designed by the leading
architects of that era; an unparalleled set of elaborate gilded age "cottage" mansions and numerous
residential, commercial, military, industrial and institutional buildings reflecting the city's long
maritime history. Even more significant is that this environment reflects architectural and social
values over centuries of historical development unequalled by any other city in the country.
 ORDINANCE
OF THE
COUNCIL

NO.
(Page 2)

Newport's architectural vitality is dependent on the context within districts including

streetscapes, neighborhoods, and vistas as well as the quality and character of
individual buildings that make up its districts.
The preservation of structures of historic and architectural value and historic cemeteries,
wherever located within the City of Newport, are declared to be a public purpose and the City
Council, by this ordinance, does hereby regulate the construction, alteration, repair, moving, and
demolition of these structures within the limits of the designated historic districts of the City of
Newport. It is recognized that the purpose of this ordinance is to:
1. Safeguard the heritage of the City of Newport by preserving districts in the city of Newport
which reflect elements of its cultural, social, economic, political and architectural history;
2. Stabilize and improve property values in those districts;
3. Foster civic beauty;
4. Strengthen the local economy.
5. Promote the use of the historic districts for the education, pleasure, and welfare of the citizens
of the City of Newport; and
6. Pfe'liae, VffleFe feasible, that ia these !listerie aistfiets !lellsiag iaeillaiag, bm aet limitea te,
limitea el'jllity eeefleFati',e !lellsiag, be maae aYailable te Ie'll aaa,lef meaeFate iaeeme
fesiaeHts.
17.80.020. Definitions.
The following terms shall have the following meanings:
"Alteration" means an act that changes one or more of the exterior architectural features
of a structure or its appurtenances, including, but not limited to the erection, construction,
reconstruction, or removal of any structure or appurtenance.
"Appropriate" - see "Certificate of Appropriateness".
"Appurtenances" means features other than primary or secondary structures which
contribute to the exterior historic appearance of a property, including, but not limited to paving,
doors, windows, signs, materials, decorative accessories, fences, and historic landscape features.
"Certificate of Appropriateness" means a certificate issued by the Newport historic
district commission indicating approval of plans for alteration, construction, repair, removal, or
demolition of a structure or appurtenances of structure within a historic district. Appropriate for
the purpose of passing upon an application for a certificate of appropriateness means not
incongruous with those aspects of the structure, appurtenances, or the district which the
Commission has determined to be historically or architecturally significant.
"Complete Application" means an application for Certificate of Appropriateness that is
deemed to contain all of the required and necessary information in order for the Commission to
render a decision.
 ORDINANCE
OF THE
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NO.
(Page 3)

"Conceptual Approval" means a preliminary and limited approval by the Commission of

the location, size, scale and massing of proposed New Construction or Major Alteration.
"Construction" means the act of adding to an existing structure or erecting a new
principal or accessory structure or appurtenances to a structure, including, but not limited to
buildings, extensions, outbuildings, fire escapes, and retaining walls.
"Contributing Structure" means a structure designated contributing based on application
of the Newport Historic Structures Inventory Standards or one which the Commission has
determined to be contributing because it adds to the local district's sense of time, place,
character, or historical development by location, design, setting, materials, workmanship, or
association. To be so designated the structure should conform to the character of the local district
as defined in that district's "nominating papers". The rationale for such designation should be
explicit and provided to the homeowner upon request by the Commission or designated staff.
Newport's Historic District is currently composed of eight unique local districts each with its
own distinct character. These districts are: Bellevue Avenue, Bellevue Avenue-Casino, Fort
Adams, Kay-Catherine-Old Beach, Newport National Landmark District (Easton's Point-
Washington Square-Historic Hill and Harbor), Ocean Avenue, Ochre Point-Cliffs, and Rose
.Island. A substantially deteriorated structure may still be deemed a contributing structure.
"Demolition" means an act or process that destroys a structure or its appurtenances in part
or in whole.
"Historic Designed Landscape" means a landscape that was consciously designed or laid
out by a landscape architect, master gardener, architect, or horticulturist according to design
principles or an amateur a gardener working in a recognized style or tradition. The landscape
may be associated with significant person(s), trend, or event in landscape architecture; or
illustrate an important development in the theory and practice of landscape architecture.
Aesthetic values play a significant role in designed landscapes. Examples include parks,
campuses, walking trails and estates. Importantly, Newport has a number of nationally significant
landscapes, now exempted from review; the commission should recognize and encourage the
preservation of such Historic Designed Landscapes.
"Historic District." As defined in Section 17.08.010 and 17.80.030 of this zoning code.
A historic district may include one or more structures.
"Historic Landscape Features" means these features determined ta be alder than fifty (59)
yeafS which characterize the historic and designed character of a property's setting, including, but
not limited to decorative or retaining walls, gates, fences, statuary or other objects of art, seating
or other furnishings, arbors, trellises, fountains, paths, walkways, driveways, curbing, the contour
and elevations of landforms and designed grades, and under certain circumstances, trees.
"In-Kind Replacement" means replacement of an architectural feature, damaged or
deteriorated beyond repair, where the new feature will match the feature being replaced in
dimensions, design, configuration, texture and visual appearance, and match materials as closely
 ORDINANCE
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NO.
(Page 4)

as possible. Replacement which differs from the existing in material, design, configuration,
texture, dimensions and other visual qualities is an alteration and not an In-Kind Replacement.
"Major Alteration" means an Alteration which significantly affects the historic, cultural,
or architectural integrity, interpretability, or character of a building, structure, site or district.
Generally includes the kind of work which is nonnally done with the aid of a professional drafter
or professional quality plans.
"Minor Alteration" means an Alteration which does not significantly affect the historic,
cultural, or architectural integrity, interpretability, or character of a building, structure, site or
district. Generally it includes the kind of work which is nonnally done without the aid of a
professional drafter or professional quality plans.
"Minor Modification" means a revision to approved plans that is deemed to be minor in
nature and not incongruous with all other approved elements of that plan.
"New Construction" means a new principal or accessory free-standing structure which
does not alter character defining historic materials.
"Newport Historic Structures Inventory" means an inventory of structures within the
Historic District, identified as Contributing or Non-contributing, as adopted and approved by the
Newport City Council. In the absence of inclusion in a completed inventory, the designation of a
structure as Contributing or Non-contributing will be based on application of the "Newport Historic
Structures Inventory Standards." .
"Newport Historic Structures Inventory Standards" means standards defined by the City of
Newport Historic Planner and adopted and approved by the Newport City Council that are used in
detennining if a structure located within a designated historic district is contributing or non-
contributing.
"Newport Standards for the Treatment of Historic Properties" or "Newport Standards."
As defined in Section 17.80.040 of this zoning chapter.
"Non-contributing Structure" means a structure that is designated non-contributing based on
application of the Newport Historic Structures Inventory Standards, or one that the Commission has
detennined to be non-contributing because it does not add to the local district's sense oftime, place,
character or historical development as defined in that district's "nominating papers." Even for
those structures that retain certain features which reflect the character ofthe district, the structure
may still be considered non-contributing if it has lost its integrity due to substantial changes in
location, design, setting, materials or workmanship.
"Ordinary Maintenance" means work, other than replacement, meant to remedy damage
or deterioration of a structure or its appurtenances, involving no change in materials, dimensions,
design, configuration, texture or visual appearance.
"Reconstruction" means the act or process of depicting, by means of new construction,
the fonn, features, and detailing of a documented non-surviving site, landscape, building,
structure, or portion thereof for the purpose of replicating its appearance at a specific period of
time and in its historic location.
 ORDINANCE
OF THE
COUNCIL

NO.
(Page 5)

"Removal" means a relocation of a structure on its site or to another site.

"Repair" means a change intended to remedy damage or deterioration of a structure or its
appurtenances.
"Standards for Maintenance of Properties" means documented maintenance criteria as
developed by the City of Newport and approved and adopted by the City Council for existing
properties.
"Structure" means anything constructed or erected, the use of which requires permanent
or temporary location on or in the ground, including, but not limited to buildings, gazebos,
billboards, outbuildings, decorative and retaining walls, and swimming pools."
17.80.030. Designation of historic districts.
For the purposes of this chapter, the boundaries of historic districts are established as
shown on a map entitled "Historic District Zoning Map," which map is filed in the office of the
city clerk. Such map is hereby incorporated as a part of this chapter.
17.80.040. Historic district commission.
A. There is hereby established a historic district commission to carry out the purpose of this
Chapter.
B. Membership and Appointment.
1. The Commission shall consist of seven (7) qualified members, residents of the City of
Newport, to be appointed by the Mayor ofthe City of Newport with the consent of the
City Council. Members shall be appointed for three (3) year terms, except that the
initial appointments of some of the members shall be for less than three (3) years to
the end that the initial appointments shall not reoccur at the same time. Members shall
be eligible for reappointment and, upon expiration of their terms, shall continue to
serve until replaced unless otherwise provided for in the ordinances of the City of
Newport or its charter.
2. Members of the Commission shall have a demonstrated interest in historic
preservation. Dilly organized and existing preservation societies may present to the
Mayor lists of qualified citizens to be considered for appointment.
3. The Mayor of the City of Newport shall have the right, with the consent of the
Council, to name two (2) auxiliary members to the Commission in addition to the
regular members. An auxiliary member shall sit as an active member, upon the
request of the chairman of the Commission, when and if a regular member of the
Commission is unable to serve at any meeting of the Commission.
4. In the event of a vacancy on the Commission, the Mayor shall promptly make an
interim appointment, with the consent of the City Council, for the remainder of the
unexpired term. Vacancies on the Commission shall be filled within ninety (90) days.
5. Members of the Commission shall serve without compensation.
 ORDINANCE
OF THE
COUNCIL

NO.
(Page 6)

C. Organization of the Commission.

I. The Commission shall organize annually and, by election, shall select from its
member-ship a chairman, vice-chairman and a secretary.
2. The Commission shall:
a. Adopt and publish all rules, regulations and procedures necessary to carry out its
functions under the provisions of this chapter; and

b. Adopt and publish standards which shall be in harmony with the Newport
Standards for the Treatment of Historic Properties to inform historic district
residents, property owners, and the general public of those criteria by which the
Commission shall determine whether to issue a Certificate of Appropriateness.
The Commission may, from time to time, amend these standards as reasonably
necessary, and it shall publish all such amendments. Such amendments shall be in
harmony with the Newport Standards for the Treatment of Historic Properties.
c. The Commission may delegate to the 'tioning onforeemellt Ei6j3artmellt or 'tioning
omeer Director of Planning, Zoning, Development and Inspections for the City of
Newport, or his/her designee, authority to issue a Certificate of Appropriateness
for (I) Minor Alterations; (2) Major Alterations to Noncontributing Structures;
and (3) In-kind Replacement. The Commission may also authorize said
department or officer to approve [I] extensions to already approved Certificates of
Appropriateness; [2] minor modifications to plans previously approved by the
Commission; [3] waiver of application fees for demonstrated financial hardship;
and [4] such other alterations and administrative matters that it may delegate to
said department or officer pursuant to Chapter 24.1 of Title 45, General
Laws of Rhode Island 1956, as amended. However, at no time may said
department or officer deny a Certificate of Appropriateness but shall refer such
action to the Commission for consideration and decision.
3. Conduct of Business.
a. The chairman shall preside over all Commission meetings and shall have the right
to vote.
b. The vice-chairman shall, in the case of absence or disability of the chairman,
perform the duties of the chairman.
c. All meetings of the Commission shall be open to the public and any person or his
duly constituted representative shall be entitled to appear and be heard on any
matter before the Commission reaches its decision.
 ORDINANCE
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NO.
(Page 7)

d. The Commission shall keep a record of all resolutions, proceedings, finding of

fact, decisions and actions and such record shall be on file for public view in the
department of planning, zoning, development and inspections.
e. The Commission shall provide notice of its meetings and comply in all respects
with the requirements of the open meetings law. Notice of the Commission
meetings shall appear in a newspaper of general circulation in the city seven (7)
days prior to such meetings.
f. . Five (5) members shall constitute a quorum and the concurring vote of a majority,
but not less than four (4) members present shall be necessary for the approval ofany
plans before the Commission for review, Certificate of Appropriateness and
for establishing or amending Commission rules, regulations, procedures and
standards.
17.80.050 Powers and procedures ofthe commission.

A. Certificate of Appropriateness Required.

1. Before a property owner may commence construction, alteration, repair, removal or
demolition affecting the exterior appearance of a structure or its appurtenances within
any deSIgnated historic district, or affecting an historic cemetery located in the City of
Newport, OF to feRees, gates. gateposts oRd walls OR PFopeFties that hove fFoRtoge
OR OF otheA'l'ise abut BelllWue AveRue, the owner must apply for and receive a
Certificate of Appropriateness from the Commission approving such construction,
alteration, repair, removal or demolition.
2. In applying for a Certificate of Appropriateness, a property owner must comply with the
application procedures as established by the Commission pursuant to Chapter 45-24.1
of the General Laws, as amended, and the provisions of this chapter.
3. A Certificate of Appropriateness is necessary whether or not state law requires a permit
from the building official. The building official shall not issue a building permit until
the Commission has issued a Certificate of Appropriateness.
B. Application for Certificate of Appropriateness.
1. Applications for Certificates of Appropriateness shall be filed with the office of
Planning, Zoning, Development and Inspections. The Director or his/her designee shall
determine if such application is complete and shall forward complete applications,
together with all maps, plans, and other data to the Commission. Incomplete
applications shall be returned to the applicant within seven (7) working days of receipt
by the department of Planning, Zoning, Development and Inspections.
 ORDINANCE
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NO.
(Page 8)

2. The Commission shall require the applicant to submit information which is reasonably
necessary to evaluate the proposed construction, alteration, repair, removal or
demolition including but not limited to site plans, elevation drawings, photographs or
other information deemed appropriate by the Commission and set forth in the
Commission's rules, regulations, procedures and standards, adopted pursuant to this
chapter, which information may be submitted in digital format acceptable to the
Commission.
3. In the case of a historic cemetery, the owners must comply with all provisions of law
and make suitable and appropriate provisions for the re-internment of any human
remains in an established cemetery. Original or existing headstones and markers shall
be preserved and installed at the site ofthe re-internment.

C. The Commission's Review of Applications for Certificate of Appropriateness.

1. In deciding whether to issue a Certificate of Appropriateness, and in making the
determination that the proposed alteration is not incongruous with those aspects of the
structure, appurtenances, or the district that the Commission has determined to be
historically or architecturally significant, the Commission shall give consideration to:
a. The historic and architectural significance of the structure and its appurtenances;
b. The way in which the structure and its appurtenances contribute to the historical and
architectural significance of the district; and
c. The appropriateness of the general design, arrangement, texture, materials, and siting
proposed in the plans.
The Commission shall also apply the Newport Standards for Treatment of Historic
Properties (the Newport Standards). The Newport Standards, adapted from the
Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic
Buildings, 36 CFR 671, as amended, are basic principles to be applied in a reasonable
manner to preserve historic districts and structures, while allowing for reasonable
change, architectural variety, innovation and imagination. The Newport Standards are
intended to insure that properties in Newport's historic districts are not altered
improperly. The goal is to millimil'le reliaHee ell the illaiviaual tlllltes aHa prefereaees ef
members ef the Cemmissiell aHa illsteaa set up clear rules that everyone will
understand.
2. In conducting its review, the Commission shall apply The Newport Standards and shall
also take into account the relative architectural and historic significance of structures;
 ORDINANCE
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COUNCIL

NO.
(Page 9)

the integrity and condition of historic fabric; the reasonableness of the proposed
alteration; and the practical realities of alternatives that minimize harm to the historic
district. The J>!e""ils\1 StandaFds shall be msst strietly applied ts stmetllres sf iesaie,
pHblie and mitisaal sigaifieanee.
3. The Commission shall pass only on exterior features of a structure and its appurtenances
and shall not consider interior arrangements. Doors, window sash and frames covered
by storm doors or windows shall be considered exterior features.
4. The Commission may give Conceptual Approval for proposed New Construction or
Major Alterations. Conceptual Approval does not assure that the Commission will issue
a Certificate of Appropriateness. Final approval is contingent upon acceptance of all
stylistic and historic details including but not limited to window choice, siding choice,
trim choice and materials.
5. Uadlle Hardship Whea, by reassa sf IiffilSlial eir6limstanees, the striet applieatisa sf
any prsvisisa sf this Ordiaanee wSlild reslilt ia e),eeptisaal praetieal diffielilty sr Iiadlie
eesasmie hardship Iipsa any swaer sf a speeifie strlietliFe, the Csmmissisa, ia passiag
Iipsa appliaatisas, shall flfpfe the pswer ts vary sr msdii)- striet adflereaae ts· said
prsvisisas sr ts interpret the meaning sf said prsvisisas ss as ts relieve slieh diffielilty
sr haFdship; prsvidiag slieh varianees, msdifieatisas sr interpretatisas shall reFflaia ia
harmsay with the geaeral plil'psse and inteBt sf said prsvisisas, ss that the arehiteetliFal
sr histsriaal iategrity sr eharaeter sf the stmetliFe shall be maiataiaed aad sHbstamial
jlistiee dsae. J>!stwithstandiag the furegsiag, the esmmissisa shslild gram the relief
pFevided ia this seatisa saly ia rare and Iiai'!lie sitliatisas.
5. Decisions of the Commission - All decisions of the Commission shall be in writing. The
Commission shall articulate and explain the reasons and basis ofeach decision on a
record and in the case of a decision not to issue a Certificate of Appropriateness, the
Commission shall include the basis for its conclusion that the proposed activity would
be incongruous with those aspects of the structure, appurtenances, or the district which
the Commission has determined to be historically or architecturally significant. In
addition, the Commission may, upon request of the applicant, include an outline of
reasonable alternatives, methods, materials or other conditions under which the activity
would likely be approved. The Commission shall send a copy of the written decision to
the applicant.

17.80.060. The Newport standards for treatment of historic properties.

The Newport Standards for treatment of historic properties are:

 ORDINANCE
OF THE
COUNCIL

NO.
(Page 10)

A. For Contributing Structures - The Commission shall apply the following standard of review
to Contributing Structures:
1. Retain Historic Character - Retain and preserve the historic character of a Contributing
Structure. The removal of historic materials or alteration of features and spaces that
characterize a Contributing Structure should not be undertaken.
2. Avoid Conjecture - The buildings of Newport are a physical record of their time, place
and use. Avoid changes that create a false sense of historical development, such as
adding a conjectural feature or architectural elements from other buildings.
3. Maintain Significant Alterations - Retain and preserve changes to a Contributing
Structure that have acquired historic significance in their own right.
4. Preserve Character - Defining Features and Workmanship - Preserve distinctive features,
finishes and construction techniques or examples of craftsmanship that characterize a
Contributing Structure.
5. Repair before Replacement - The historic materials out of which Contributing Structures
buildings are constructed are significant and once lost, they carmot be recovered. Every
effort should be made to repair rather than replace deteriorated historic fabric and
features. When the severity of deterioration requires replacement of features or fabric,
the replacement should match the old in materials, dimensions, design, configuration,
texture and visual appearance.
6. Avoid Damaging Treatments - Do not use chemical or physical treatments, such as
sandblasting, that cause damage to historic materials.
7. Minimize Harm from Alterations ~ Undertake exterior alterations, including new
additions, in such a marmer that minimizes harm to historic materials and that if
removed will not change the essential form and integrity of a Contributing Structure.
Make proposed additions or exterior alterations to a Contributing Structure compatible
with the existing materials, features, size, visual relationships and massing to protect the
integrity and scale of the original historic structure or site. Make new alterations or
additions clearly discernible from the old. The differentiations mayor may not be
stylistic, and may be as subtle as a change in footprint or material.
B. For Non-Contributing Structures and Existing Walls, Gates, Gateposts and Fences Made
Subject to Review by Section 17.80.100(6) of this Ordinance- The Commission shall
apply the following standard of review to Non-Contributing Structures:
1. Compatibility - The alteration of a Non-Contributing Structure or existing walls. gates,
gateposts and fences made subject to review pursuant to Section 17.80.100(6) of this
 ORDINANCE
OF THE
COUNCIL

NO.
(Page 11)

Ordinance shall be generally of such size, scale, siting, massing, set back, materials, and
detail as will be compatible with other structures in the surrounding historic district.
2. Preserving Character Defining Features - The Commission may encourage but shall not
require owners to preserve distinctive features, finishes, construction techniques or
examples of craftsmanship that are present in a Non-Contributing Structure or existing
walls, gates, gateposts and fences made subject to review pursuant to Section
17.80.100(6) of this Ordinance which add to the character of the surrounding district.

C. For New Construction, Reconstruction and New Walls, Gates, Gateposts and Fences
Made Subject to Review Pursuant to Section 17.80.100(6) of this Ordinance. - The
Commission shall apply the following standard of review to New Construction or
Reconstruction:
1. Compatibility - New Construction, reconstruction and new walls, gates, gateposts and
fences made subject to review pursuant to Section 17.80.100(6) of this Ordinance
silslllE! shall be compatible with the surrounding historic area in terms of size, scale,
siting, massing, set back, materials and details.
2. Architectural Quality - New Construction, reconstruction and new walls, gates,
gateposts and fences made subject to review pursuant to Section 17.80.100(6) of this
Ordinance should be of thoughtful and considered architectural design.
3. Appearance - New Construction,reconstruction and new walls, gates, gateposts and
fences made subject to review pursuant to Section 17.80.100(6) of this Ordinance
may clearly read as such and need not present a false historic appearance.
D. For Demolition:
1. Demolition shall be deemed by the Commission to be a Major Alteration.
2. The Commission shall not approve the demolition of Contributing Historic Structures
that retain integrity of condition. If a request for demolition is based on structural
instability or advanced deterioration, a technical report prepared by a professional
engineer or architect that details the nature. and extent of specific problems shall be
submitted. A standard condition of approval for demolition of a Contributing Historic
Structure shall be the documentation of the existing building's elevations, including
details and architectural features.

17.80.070. Special considerations regarding valuable historic resources and demolition.

A. In the case of an application for construction, repair, or alteration, removal, or demolition

affecting the exterior appearance of a structure or its appurtenances, which the commission
 ORDINANCE
OF THE
COUNCIL

NO.
(Page 12)

deems so valuable to the city, state or nation that the loss thereof will be a great loss to the
city, state or nation, the Commission shall endeavor to work out with the applicant an
economically feasible plan for the preservation of such structure.

B. Unless the Commission is satisfied that the retention of such structure constitutes a hazard to
public safety, which hazard cannot be eliminated by economic means available to the
applicant, including the sale of the structure to any purchaser willing to preserve such
structure or unless the commission votes to issue a Certificate of Appropriateness for the
proposed construction, alteration, repair, removal, or demolition, the commission shall file
with the building official its rejection of such application.

C. In the absence of change in such structure arising from casualty, no new application for the
same or similar work shall be filed within one (l) year after such rejection.
D. In the case of any structure deemed to be valuable for the period of architecture it represents
and important to the neighborhood within which it exists, the Commission may file with the
building official its Certificate of Appropriateness for such application if any of the
circumstances under which a Certificate of Appropriateness might have been given under
the proceeding paragraphs are in existence, or if:
I. Preservation of such structure is a deterrent to a major improvement program which will
be of substantial benefit to the community;
2. Preservation of such structure would cause undue or unreasonable financial hardship to
the applicant, taking into account the financial resources available to the applicant
including sale of the structure to any purchaser willing to preserve such structure; or
3. Preservation of such structure would not be in the interest of the majority of the
community.
E. When considering an application to demolish or remove a structure of historic or architectural
value, the Commission shall assist the applicant in identifYing and evaluating alternatives to
demolition, including sale of the structure and its present site. In addition to any other
criteria, the Com-mission also shall consider whether there is a reasonable likelihood that
some person or group other than the applicant is willing to purchase, move and preserve
such structure and whether the applicant has made continuing bona fide and reasonable
efforts to sell the structure to any such purchaser willing to move and preserve such
structure.
F. Demolition Through Owner Neglect - The City Council, in consultation with the Historic
District Commission, may identifY structures of historical or architectural value whose
deteriorated physical condition endangers the preservation of the structure or its appurtenances.
 ORDINANCE
OF THE
COUNCIL

NO.
(Page 13)

The Council City of Newport shall publish Standards for Maintenance of Properties within
the historic district. Upon the petition of the Historic District Commission that the historic
structure is so deteriorated that its preservation is endangered, the Council may establish a
reasonable time not less than thirty (30) days within which the owner must begin repairs. If
the owner has not begun repairs within the allowed time, the Council shall hold a hearing at
which the owner may appear and state his or her reasons for not commencing repairs. If the
owner does not appear at the hearing or does not comply with the Council's orders, the
Council may cause the required repairs to be made at the expense of the City and cause a
lien to be placed against the property for repayments.

G. No less than fifteen (15) days after receiving an application to demolish or to remove an
historic cemetery, the Commission shall forward the application to the Commission to study
historic cemeteries. The Commission shall also immediately forward to the Commission to
study historic cemeteries its finding of fact, if any, together with its action on the
application.

17.80.080. Failure of the commission to act.

The Commission shall file with the building official its Certificate of Appropriateness or
rejection of all plans submitted to it for review. No work shall begin until the certificate has been
filed but, in the case of rejection, such decision is binding upon the building official and no
permit shall be issued in such a case. The failure of the Commission to act within forty-five (45)
days from the date of an application filed with it, unless an extension is agreed upon mutually by
the applicant and the Commission is deemed to constitute approval. In the event, however, that
the Historic District Commission makes a finding of fact that the circumstances of a particular
application require further time for additional study and information than can be obtained within
the period of forty-five (45) days, then the Commission has a period of up to ninety (90) days
within which to act upon the application.

17.80.090. Advisory role.

In order to assist the City, its agencies, boards, commissions, staff, Mayor and Council on
matters of historic preservation, the Commission shall provide its expertise and advice, as
appropriate, at the request of any of said agencies, boards, commissions, staff or elected officials.
17.80.100. Exceptions.

Nothing in this chapter shall be construed to prevent painting or Ordinary Maintenance

and Repair of any Structure or Appurtenance within a historic district, provided that such
 ORDINANCE
OF THE
COUNCIL

NO.
(Page 14)

painting or Ordinary Maintenance and Repair does not result in any change of design, type of
material, or appearance of the structure or appurtenance; nor shall anything in this chapter be
construed to prevent the construction, alteration, repair, moving, or demolition of any structure
under a permit issued by the building official prior to the passage of this chapter. The following
are actions or items which are exempt from Commission review:
1. Paint colors, surface preparation or paint composition;
2. Decorating-holiday or other;
3. Landscaping, including shrubs, trees, flowers, window flower boxes, and other plantings,
exterior lighting, flags and flag poles, lawn furniture, park benches and birdbaths;
4. Window air conditioning units;
5. Ground-mounted air conditioning units generators (l00 amps or less), if not visible from
any public way, in compliance with zoning setback requirements, and if screened by
fencing or shrubbery;
6. FeRees, gates, gatCflosts and walls elleCflt those otherwise saeeified ill this ordillanee.
',,'!lieh the COHlHlissioll has identified as eontrilmtillg to the historie ehataetor of the
distriet or '.\'!lieh are identified and illventoried by the City as eontribHtillg featmes.
Fences, gates, gateposts and walls, except those otherwise specified by amendment to
this ordinance as being subject to Commission review under this ordinance. Before
the City Council shall adopt an amendment to this ordinance including fences,
gates, gateposts and walls as being subject to Commission review for properties
having frontage on, or otherwise abutting a particular street or portion thereof,
written notice of the date, time and place of the public hearing on said amendment
shall be sent to all owners of properties having frontage on, or otherwise abutting
said street or portion thereof, if said notice is not otherwise required by law. Once
fences, gates and gateposts are by amendment to this ordinance made subject to
Commission review, they shall be subject to the standard of review provided for in
Sections 17.80.060 Band 17.80.060 C.
7. Historic Designed Landscapes.
8. All Ordinary Maintenance and Repair of any existing exterior features of a structure or
appurtenance that does not result in any change of design, type of material, or appearance
of the structure or appurtenance.
9. Temporary Structures or signs that are temporary and whose duration will not exceed any
guidelines established by the Commission;
10. Storm windows and storm doors;
 ORDINANCE
OF THE
COUNCIL

NO.
(Page 15)
11. Paving, patios and driveways.
12. The reconstruction in the same design of a building, structure or exterior architectural
feature damaged or destroyed by fire, storm or other disaster, provided such
reconstruction is begun within one year and is continued to completion without
substantial interruption and provided that sufficient and reliable evidence exists, such as
from detailed as-built drawings or full reasonable photo documentation, of the exterior
features of the building, structure or architectural feature prior to the casualty causing the
damage or destruction.

17.80.110. Appeals.

An aggrieved party with respect to a decision of the Historic District Commission shall
have the right to appeal such decision to the Zoning Board of Review. When hearing appeals
from the Commission decisions, the Zoning Board of Review shall not substitute its own
judgment for that of the Commission, but must consider the issue upon the findings and the
record of the Commission. The Zoning Board of Review shall not reverse a Commission
decision except on a finding of prejudicial procedural error, clear error or lack of support by the
weight ofthe evidence in the record. The Zoning Board of Review shall articulate and explain
the reasons and basis of each decision of the record and the Zoning Board of Review shall send a
copy of the decision to the aggrieved party, to the Historic District Commission, and to all parties
entering an appearance. An aggrieved party may appeal the decision of the Zoning Board of
Review on a matter appealed under this chapter to the Superior Court of Newport County.
17.80.120. Enforcement.

Where there is a violation of any of the provisions of this chapter or of any section taken
thereunder, the zoning officer or building official may institute an appropriate action to prevent,
enjoin, abate or remove such violation. The zoning officer may bring an action against any
property owner who fails to comply with the requirements of the chapter. Such. actions shall be
brought in the municipal court or other court of competent jurisdiction. The City of Newport may
seek restraining orders and injunctive relief to restrain and enjoin violations or threatened
violations of this chapter.

SECTION 2. This ordinance shall be effective upon its passage and all ordinances or parts of
ordinances inconsistent herewith are hereby repealed.

IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
 CITY OF NEWPORT
MINUTES OF THE COUNCIL MEETING
HELD JULY 28, 2010

The following items of business, filed with the City Clerk nnder the Rules of the Council, came
before the Council at its regular meeting held on July 28, 2010.

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

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

STEPHEN R. COYNE JUSTIN S. MC LAUGHLIN

CHARLES Y. DUNCAN JEANNE-MARIE NAPOLITANO, MAYOR
KATHRYNE.LEONARD STEPHEN C. WALUK

ABSENT: MARY C. CONNOLLY

MAYOR NAPOLITANO read two proclamations at the opening of the meeting:

(I) Celebrating the 20th Anniversary of the signing of the Americans With Disabilities Act
(2) Proclaiming August 2-10,2010, as "Bridge Fest Week"

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 of the Jnne 23 and July 14, 2010, Council Meetings (Approve)
b. Special Event Licenses:
1) Arts & Cultural Alliance of Newport County, d/b/a Bridge Fest (concerts);
Eisenhower Park, August 2 and 4, 2010, and King Park, August 3 and 5, 2010,
from 6:00 p.m. to 7:30 p.m.
2) Sail Newport, Inc., d/b/a Ernst & Young USODA Optimist New England
Champs/After Racing Social for Kids; Sail Newport, Fort Adams State Park,
August 4, 2010, from 4:00 p.m. to 8:00 p.m.
3) Neville Watson, d/b/a Jamaican Independence Day Celebration (music and
volleyball); Quaker Meeting House, 53 Marlborough St., August 6, 2010, from
9:00 a.m. to 7:00 p.m.
4) Sara Barker, East Bay Ballroom, d/b/a Ochre Court Dance; Salve Regina
University Ochre Court, August 7, 2010, from 6:00 p.m. to 11:00 p.m.
5) Roy Lauth/Bailey T's Resortwear, d/b/a Concert by Newport Community
Band; Long Wharf Mall, August 9, 2010, from 6:30 p.m. to 7:30 p.m.
6) Newport Film, d/b/a Newport Film Outdoors at Ballard Park; Ballard Park,
August 12,2010, from 7:00 p.m. to 11:00 p.m.
-- Commnnication from Colleen McGrath, Executive Director,
Friends of Ballard Park, requesting waiver of Section 12.32.010 of the Codified
Ordinances, "Closure of parks between sunset and sunrise." (Approve)
7) REMOVED: Fort Adams Trust, d/b/a Summer LuauiFnndraiser; Fort Adams
8) Fort Adams Trust, d/b/a Fort Adams Antiques Festival; Fort Adams State Park
Parade Field, August 28,2010, from 8:00 a.m. to 5:00 p.m.
MINUTES OF THE COUNCIL MEETING
HELD JULY 28, 20 I0
Page 2

9) Alzheimer's Association, d/b/a Memory Walk Walk-a-Thon; September 26,

2010, from 3:00 p.m. to 6:00 p.m. (beginning and ending at Salve Regina
University O'Hare Academic Center)
10) Brigid E. Kelly Memorial Fund, Inc., d/b/a Brigid E. Kelly Memorial 3.5
Run/Walk; October 2, 2010, from 9:00 a.m. to 1:00 p.m. (beginning and ending
at Gooseberry Beach)
c. Drain Layer License, New, Foster Excavation, Inc., 3 Salisbury Road, Foster, RI.
d. Annual Entertainment License, Class A & B, Renewal, Newport Marriott Hotel, 25
America's Cup Ave. (Subject to all existing conditions)
e. Holiday Selling License, New:
1) Susette Stewart, d/b/a Su Darius Salon, 287 Broadway
2) Kevin F. Duris, Jr., d/b/a Duris Studios, 26 Franklin St.
3) REMOVED: Shoe Dream, LLC, d/b/a Terra Zapato, 8 Bowen's Wharf
f. Holiday Selling License, Renewal, Terrida, Ltd., d/b/a Terrida, 10 Bowen's Wharf.
g. Catering License, New, Dockside Scoops, LLC, d/b/a Ben & Jerry's, 359 Thames St.
h. Solid Waste Hauler License, Renewals: .
a. Rambone Disposal Service, Inc., 2153 Rear Plainfield Pike, Johnston, RI
b. Waste Management ofR.I., Inc., 65 Halsey St., Newport, RI
1. Communication from Mark Carpender and Leah Caron, Evangelical Friends Church,
requesting permission to use Miantonomi Park on July 31, 2010, from 1:00 p.m. to
7:00 p.m. for a community outreach program. (Approved by Miantonomi Park
Commission; approve subject to details being worked out with city administration.)
j. REMOVED: Communication from Despina Metakos, Highway Safety Program
k. Communication from Laurie Z. Stroll, CMP, DMCP, President, Newport Hospitality
I. Resignation of Jon P. Heon from the Waterfront Commission (Receive with regret)
m. Resignation of William Harrington from the Historic District Commission (Receive
with regret)
n. Clean Ocean Access 2009 Water Quality Monitoring Annual Report (Receive)
o. Communication from Charlie Plant, The Paul W. Crowley East Bay Met School, re:
Notice of July 28, 2010, public meeting on soil sampling activities associated with
construction of new school building. (Receive)
p. Claims: (Receive and refer to city solicitor)
1) AnnaN. Cavanaugh
2) Elizabeth C. McKenney

COUNCILOR WALUK moved the Consent Calendar, with the exception ofItems b-7, e-3,j and k,
be adopted. Seconded by COUNCILOR COYNE and VOTED UNANIMOUSLY.

b-7. Fort Adams Trust, d/b/a Summer Luau/Fundraiser; Fort Adams State Park,
August 14,2010 (rain date August 15), from 4:30 p.m. to 10:00 p.m.

COUNCILOR LEONARD questioned the number of bands that would be playing at the event and
said neighbors have had issues with noise over the last few weeks, most recently because of an event
at Brenton Point State Park. LAURIE LA BRECQUE of the Fort Adams Trust responded that there
would be three bands -- a three to five-member reggae band, another band with a maximum of five
members, and a two-member Polynesian band with six dancers, and the Trust would monitor the
decibel levels of all three.
MINUTES OF THE COUNCIL MEETING
HELD JULY 28, 20 I0
Page 3

COUNCILOR LEONARD moved the license be approved. Seconded by COUNCILOR WALUK

and VOTED UNANIMOUSLY.

e-4. Shoe Dream, LLC, d/b/a Terra Zapato, 8 Bowen's Wharf (new location)

COUNCILOR COYNE recused himself.

COUONCILOR WALUK moved the license be approved. Seconded by COUNCILOR MC

LAUGHLIN and VOTED UNANIMOUSLY.

j. Communication from Despina Metakos, Highway Safety Program Manager, Mission

Safety 2010 Conference Coordinator, requesting permission to close Long Wharf on
September 20, 2010, from 9:00 a.m. to 12 Noon to set and strike a mock vehicle crash.
(Approve subject to details being worked out with the city administration.)

COUNCILOR LEONARD moved the communication be continued because of concerns about: (l)
products being sold that might be in competition with local merchants; and (2) the proposed location
of a mock crash, which could frighten children witnessing it. Seconded by COUNCILOR COYNE.

PUBLIC SERVICES DIRECTOR WILLIAM RICCIO said an identical letter had been received from
the Director of the RI Dept. of Transportation. He said items will not be sold, but highway safety
products would be given free to the city. COUNCILOR LEONARD said the location for the mock
crash was inappropriate; MR. RICCIO responded that it was chosen because it was in close proximity
to the hotel where the conference was to take place.

COUNCILOR LEONARD withdrew her motion to continue.

COUNCILOR WALUK moved the request be approved. Seconded by COUNCILOR COYNE.

COUNCILOR COYNE advised that, if this request were to be denied, another request could be
submitted for a more suitable location for the mock crash.

In favor - COUNCILOR MC LAUGHLIN

Opposed - MAYOR NAPOLITANO; COUNCILORS COYNE, DUNCAN, LEONARD

and WALUK

k. Communication from Laurie Z. Stroll, CMP, DMCP, President, Newport Hospitality,

Inc., on behalf of the Acushnet Company, asking permission to use Eisenhower Park
on August 12, 2010, from 4:00 to 5:00 p.m. as a waiting area prior to 5:30 presentation
at The Jane Pickens Theater.
-- Proposed amendment asking permission to park a 26' x 8' x 9' high "whisper"
generator and AC plant next to the theater on Clarke Street, between a lamppost and
tree, from 6:30 am. To 8:00 p.m. on August 12,2010, to provide air-conditioning to
the theater.

COUNCILOR DUNCAN asked if someone would be at the site while the generator is blocking the
sidewalk to ensure that no one gets burned by the exhaust.
MINUTES OF THE COUNCIL MEETING
HELD JULY 28, 2010
Page 4

GARRETT LA FRANCE of the Providence Film Production Company, responded that the generator
is very quiet (15 decibels at a 10' distance) and there was no chance of burns as the exhaust is 8' high.
He said traffic cones would be in place on the street alongside the generator.

COUNCILOR DUNCAN moved the requests be approved subject to details being worked out with
the city administration. Seconded by COUNCILOR WALUK and VOTED UNANIMOUSLY.

LICENSES AND PERMITS

2. Application for an Annual Entertainment License, Class A, New, Mermaids Newport, LLC,
d/b/a Poor Richard's/Benjamins, 254 Thames Street -- Amended at first reading: Class A
only, first floor only, outdoor speakers to be removed, doors and windows to be closed during
entertainment (Second Hearing)

COUNCILOR WALUK moved the hearing be closed and a Class A license granted, with doors and
windows to be closed during entertainment, and outdoor speakers to be removed. Seconded by
COUNCILOR LEONARD and VOTED UNANIMOUSLY.

3. Application for an Annual Entertainment License, Class A & B,New, Marina Cafe, LLC,
d/b/a Marina Cafe, 3 Marina Plaza (First Hearing)

RICHARD C. SARDELLA, Applicant, said he was requesting indoor entertainment so that he may
occasionally have a two to three piece jazz band inside, with doors and windows to be closed. He
said the request for outdoor entertainment was just to allow two small speakers to play background
music on the deck.

EDWARD ROSENBERG, 1317 Capella South, Goat Island, said he would like the stipulation on the
license that live bands are not allowed outside and doors and windows would be closed during indoor
entertainment.

PAUL MINTZ, 1517 Capella South, Goat Island, expressed concern about cars parking along the
road when large events are held at the Regatta Place across from the Marina Grille. MAYOR
NAPOLITANO said the city administration would look into it.

During the hearing discussion took place regarding handicapped accessibility to the restaurant. MR.
SARDELLA noted that a ramp that had been removed was for deliveries and not accessibility and did
not meet ADA requirements. ANNETTE BOURBONNIERE, Chair of the Accessibility Advisory
Committee, said that although the ramp did not meet ADA requirements it provided accessibility.
She said that 50% tax credits are available to those who make their buildings ADA compliant.
MAYOR NAPOLITANO pointed out that there is a patio that is accessible. MR. SARDELLA stated
that he had made improvements to the patio so that it is wheelchair accessible and said there is now a
restroom available on the property that meets ADA requirements.

COUNCILOR WALUK moved the hearing be closed. Seconded by COUNCILOR MC LAUGHLIN

and VOTED UNANIMOUSLY.

COUNCILOR WALUK moved the Class A & B Entertainment License be approved, subject to doors
and windows being closed during entertainment, and outdoor entertainment being limited to speakers
MINUTES OF THE COUNCIL MEETING
HELD JULY 28, 2010
Page 5

on the deck and no outdoor bands, to II p.m. Sundays through Thursdays and to midnight Fridays,
Saturdays, and Sundays before a Monday holiday. Seconded by COUNCILOR COYNE and VOTED
UNANIMOUSLY.

4. Second-hand License, New, Deborah C. Beardsley, d/b/a Focal Points, 481 Thames St.

COUNCILOR WALUK moved the hearing be closed and the license granted. Seconded by
COUNCILOR COYNE and VOTED UNANIMOUSLY.

5. Holiday Selling License, New, Deborah C. Beardsley, d/b/a Focal Points, 481 Thames St.

COUNCILOR WALUK moved the license be approved. Seconded by COUNCILOR COYNE and
VOTED UNANIMOUSLY.

COMMUNICATIONS AND PETITIONS

6. Communication from the Rev. Mike Sullivan, Graceway Community Church, requesting
permission to use Miantonomi Park on August 15 and September 5, 2010, for their "Service in
the Park" summer program. (Approved by Miantonomi Park Commission; continued from
July 14,2010)

CLARKE ALEXANDER, Associate Pastor, said the event would be from 8:00 a.m. to 2:00 p.m. on
each of the dates and said there have been no complaints in the past.

COUNCILOR WALUK moved permission be granted subject to details being worked out with the
city administration. Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

7. APPOINTMENTS TO BOARDS AND COMMISSIONS

Historic District Commission (2 Vacancies) -- Appointment of Alternate Members to Full

Membership: Myra Kirby, to term expiring 2/3/2012; Kevin Clare, to term expiring 2/3/2011

MAYOR NAPOLITANO moved Myra Kirby and Kevin Clare be moved to full membership on the
HDC. Seconded by COUNCILOR WALUK and VOTED UNANIMOUSLY.

Historic District Commission (2 Alternate Position Vacancies) - Applicants:

Michael Conroy, Marilyn McCarthy, Dennis Orchard, Sharon Watterson
(No action taken)

Cliff Walk Commission (I Vacancy) - Applicant: John Hirschboeck

MAYOR NAPOLITANO moved John Hirschboek be appointed to the Cliff Walk Commission.
Seconded by COUNCILOR WALUK and VOTED UNANIMOUSLY.

RESOLUTIONS

8. Changing the Council Meetings in September to the third and fifth Wednesdays (Sept. 15 and
29,2010) - J. Napolitano
MINUTES OF THE COUNCIL MEETING
HELD JULY 28, 20 I0
Page 6

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

and VOTED UNANIMOUSLY.

ORDINANCES

9. Amending Chapter 4.08 ofthe Codified Ordinances, entitled, "Property Tax Classification";
Section 4.08.120, Paragraph 5, to provide a motor vehicle exemption of $5,500.

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

COUNCILOR COYNE and VOTED UNANIMOUSLY.

COMMUNICATIONS FROM THE CITY MANAGER

10. Communication #4649/10, re: National Grid Easement - Harrison Avenue Substation

COUNCILOR WALUK moved the communication be continued to the August 11 th meeting.

Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.

11. Communication #4733110, re: National Grid Petitions

a. Webster Street (Relocation of Existing Pole)-
b. Vicksburg P1ace- Pole & Anchor for Service to New House

CITY MANAGER EDWARD LAVALLEE said that National Grid had requested to withdraw the
petition for Webster Street.

COUNCILOR WALUK moved the communication be received and only the petition for Vicksburg
Place be approved. Seconded by COUNCILOR COYNE.

COUNCILOR WALUK asked if the neighbors had been contacted about the pole locations. CITY
MANAGER LAVALLEE said they had, which is probably why Webster St. is not moving forward.
ADAM SILVEIRA of National Grid said the work on Webster Street was not funded in advance by
the residents which is why it is being withdrawn.

The motion was VOTED UNANIMOUSLY.

12. Communication #4734110, re: Bid Award #11-002-Demolition of Old Nonquit Pump Station

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

13. Communication #4735110, re: Washington Square Phase 2 Project- Change Request #4.

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

14. Communication #4736110, re: Washington Square Phase 3- Funding (with accompanying
resolution)
MINUTES OF THE COUNCIL MEETING
HELD JULY 28, 20 IO
Page 7

CITY MANGER EDWARD LAVALLEE said he would like to withdraw the request. He said he
would communicate with the RI Department of Transportation on the use of the funds for Thames
Street improvements, and he had asked the Public Services Director to seek adjustments to the
Washington Square Phase 3 project to reduce the costs.

COUNCILOR LEONARD cited the efforts of a Lower Thames St. committee that worked with the
RI Department of Transportation on developing the "Demo Project"; and, since that project is not
going forward, the city administration should develop suggestions on how the $450,000 grant could
be used for Lower Thames improvements and schedule a workshop for discussion.

COUNCILOR WALUK said he would like to see the following documents: paperwork related to the
$450,000 grant, including communications to and from RIDOT about the funds and the possibility of
the City's losing the money; paperwork relating to the Council's now being responsible for cost
overruns on the Washington Sq. project and what caused the $500,000 overrun. He also asked why a
plan was not in place for Lower Thames to use the funds if the City was aware 18 months ago that
they could be lost.

COUNCILOR MC LAUGHLIN said the Lower Thames improvement plan should not be limited to
the $450,000 grant but also include road bond money as was originally intended.

COUNCILOR DUNCAN said he also wanted a definite plan for the Washington Square project and
when each phase will be completed.

COUNCILOR COYNE said he wanted a time line drawn on Thames Street showing where the
$450,000 grant money will be used and where the road bond money will be used.

CITY MANAGER LAVALLEE pointed out that the engineering costs for Thames Street have been
estimated at $700,000 because a significant part of the plan will be an elaborate detour plan so that
businesses will not be hurt when the improvement work is undertaken.

COUNCILOR MC LAUGHLIN pointed out that the City is still in contention for the America's Cup
trial races and it is important that artery roads be in good condition, for which the State should share
in the costs.

COUNCILOR WALUK moved the communication be withdrawn and the following information be
on the next docket, if possible: a detailed outline of the Washington Square project, including revenue
streams and cost cuts to make up for the $500,000 gap; how much time the City has to use the
$450,000 grant for Lower Thames St. and what improvements can be made, understanding that
repaving cannot occur because of pending sewer work in the roadway. Seconded by COUNCILOR
DUNCAN and VOTED UNANIMOUSLY.

15. Communication #4737/10, re: Newport Substance Abuse Prevention Task Force (NSAPTF)-
Contract for Services: NSAPTF Coordinator- Contract Period July 1,2010- June 30, 2011

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying

resolution adopted. Seconded by COUNCILOR WALUK and VOTED UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
HELD JULY 28, 20 I0
Page 8

16. Communication #4738/10, re: Report on Webcasting and Video-Archiving of City Municipal
Meetings

CITY MANAGER LAVALLEE introduced the communication and suggested a workshop be held to
discuss the options outlined in the report.

COUNCILOR WALUK moved the communication be received. Seconded by COUNCILOR MC

LAUGHLIN. The motion was VOTED UNANIMOUSLY.

7:29 P.M. ADJOURNED AS COUNCIL AND CONVENED AS BOARD OF LICENSE

COMMISSIONERS

BOARD OF LICENSE COMMISSIONERS

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

I. Application of Fort Adams Trust for a Class F-I Daily Liquor License, August 14,2010 (Rain
date Aug. 15), from 4:30 p.m. to 10:00 p.m.

2. Communication from Turner C. Scott, Esq., representing The Pale, LLC, d/b/a Buskers, re:
Change in LLC membership. (Receive and make part of the file.)

COMMISSIONER WALUK moved the Consent Calendar be adopted. Seconded by

COMMISSIONER LEONARD and VOTED UNANIMOUSLY.

7:30 P.M. ADJOURNED

Kathleen M. Silvia
City Clerk
LOCAnON OF EVENT:

.Date(s) ofEvent: '---t/-I/.f-;;-( 0---' ~. ./

Hours: I
Holder of Event & DBA:

Signature of Holder of Event: ; /&':il;[1;<-~~'r7 .

t/ /.

Printed Name: C</'/u (;{;·17 !2-CJ.br/)So;J Title: I ? ero

AddressofHolderof~vent:I I/O
. , B 37;;?· N FT {})?/f-.(j
Organizer's Signature: tl:J~L7fL. '
Printed Name:
Z'"L-''A
Q'/v! t?oR/1 S6 tU
Title:
I p~
I
I

I (/7 1?.C§c;A;2 0u ~/ki::1-<J;U tD~I

Address of Event Organizer:

"-kis~:.relePhone: 1~':S70""~20.7· I Residence Telephone: I ~cq,- ;;2517' I

Is Organization Non-Profit? ~ Is Organization Religious? _ _ Is there an Admission Charge: NO
Is event to be on City, State, or Priyate Property? I ,&;,(/2171/ I.
Name of Property Owner of Event Site:
.-,=+-.....:......~..::::..:..-::=::.._-!:...:..--.:...s~--'..2~~-----
Signature of Property Owner:

""otoo N=, .fProperty O~" I 1?cJ1h S:TCiAf IIJV

Will Event be Indoors or Outdoors?
(Include plan if outdoors)
I
c-.
a i2lC(YJ(5
-~~-=--=-=----.::_------ _
 EVENT HOLDER -::-::-:::c:c=--:-====-:--:c-==-:==-:=-::-:-::::==
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)
I HO COpy OF TENT PERMIT MUST BE ATTACHED.

Expected Attendance:· I Seating Capacity: 1 ---'

Is parking available: I Vis> For how many vehicles?

CONCERT I;-;u-:-:(j---;I Is staging or platform required? I PO I Amplification? ItA--b

List types of musical instruments:

I_ _~--C.- _ _ ~ _

DANCE I f-J 01 DEEJAY 1{J6 Amplification: I~?O=-....:n:"'__- - J

SPORTING EVENT 'fJ 0 I Type: I

Set-up Dates (Sporting events only): ~~================
PLAY I NO I If yes, whattype: 1 -------

CARNIVAL I (Q{) I CIRCUS I (\J 0 Will there be animals? I ?J25 I

If yes, types of animals: , _

SHOW OR EXHIBITION: I {J 0 I Type: Ie...· _

OTHER (describe) Ie.... _

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 --,- _
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)

Will LIQUOR be served?

1 IVa
If yes, will you be applying for a Class F or F-I Liquor License? I
Ifnot, will another's license be used? 1,--
If so, whose?

Will there be gambling, e.g., bingo, raffle, etc.?·1 2(01 Do you have State Police Approval? 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
Event" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic have Newport Fire M~a_r_sh_a_l_a~p~p_ro_V_a_I?~_~~/D~==U==.~I _

Location from where fireworks wi11 be shot: I
Time fireworks will begin: IL _ Duration: 1 _

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.

ROAD RACE, WALK-A-THON, ETC. On Roadway(s) IZ22J 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:
 g_/I~ /V DO?/Cf-T ! pp
".
z I f>i uI {Js:T
I
! .j
AUG 3 ";",)
Li

Holder of Event & DBA:

Printed Name: I EtuC.JL CQ=Y-CL Title:

Address of Holder of Event: I.:? q..{

.Printed Name: _I errvc~-::r~ co'tlff- I Title:

Ip(e) e(1fJit1#
Address of Event Organizer: IL_5--"-4m-'-....:..c..:;...:L/~-::--_·_· 1

Business Telephone: 1/10 I bfCZZ<;;;SJ- I Residence Telephone: 140/ fYfgr;Ji'tt I

Is Organization Non-Profit? _ _ Is Organization Religious? _ _ Is there an Admission Charge: ~CJ
Is event to be on City, State, or Private Property? I--'W--'-'-'l...;:U'-'wFE"c...:.....:..=-.:-- _

Name of Propelty Owner of Event ~Si~te~:;lSEj~W!J1,1-f1-tlE~~~_J__r7__r;r_---::--

Printed Name of Property Owner: I ~ce.----=f", CfJ-P-~

Will Event be Indoors or Outdoors? I c>Of(J;oe~
(Include plan if outdoors) -=-..=..--:--=-~"""-''--------------
 EVENTHOLDERarlUwrJ) ~ C
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)
I g201 COPY OF TENT PERiVnT MUST BE ATTACHED.

Expected Attendance:· ~ ~tVi$. Seating Capacity: I ro (fJ,{2> I

Is parking available:I YE~ , For how manyvehicJes? I / 6 I I
CONCERT C'd[CI Is staging or platform required? rnO
I Amplification? I yes .1
List types of musical instruments:

DANCE 1/001 DEEJAY [PO I Amplification: I ye.(

SPORTING EVENT IUO I Type: 1'--- _

Set-up Dates (Sporting events only):

PLAY I pO I If yes, what type: 1 ------

CARNIVAL 1100 CIRCUS

W'1J Will there be animals? Ie..-_-J
If yes, types of animals:

SHOW OR EXHIBITION: I PO Type: I·

----=--~~~~===============
OTHER (describe) 1 --,-_--=- _

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

tvG
.. . )

Is a street closing being requested? PO

Will food be prepared on the premises? )00
If so, is"Health Dept. Inspection Approval attached? __I
 EVENT HOLDER c;ltJifUQ Q jks-o c-
APPLICATION FOR A SPECIALtVENT LICENSE
(Page 3)

Will LIQUOR be served?

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

If not, will another's license be used?

If so, whose?

Will there be gambling, e.g., bingo, raffle, etc.? rm Do you have State Police Approval? COOJ
List Names of Vendors Item to be Furnished

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

FIREWORKS

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

Location from where fireworks will be shot:

Time fireworks will begin: IL _ Duration: 1 _

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.

ROAD RACE, WALK-A-THON, ETC. On RoadWay(S)[mJ On Sidewalk(s) [23J

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

SPECIFIC ROUTE:
 D--! 1-/0 Ii 1--·
,

City of Newport, Rhode Island ',' AUG 2n-

" APPLICATION FOR A SPECIAL EVENT LICE~~SE i P" 'r I};~ ~UI~ '7;-
DATE:
?//;;')JO '

EVENT TITLEITYPE:

LOCATION OF EVENT:
I (lose
Date(s) of Event:
I )?JJ.ilro
Hours of Event:
==========================
I----:.I!-I',_O_O.::.;..IJf'1.:..-'--.:;"J:.....:..c:..)....::.O--'p--'·,_)"'7'----- _

Holder of Event & DBA:

Signature ofHolder of Event: I BOvv,J m, ~y

Printed Name: 1 OOvv,J j11 c (v/cI'j 1 Title: I fx.-e<-. f)/'CC-i;-O,'
Address ofHolder of Event: I rzoSe. /5 J{;-il/J jIIeutorJ, t1 r (),2..fry 0

Business Telephone: 1'16/- 'i(L-(7 "'£).0/2, 1 Residence Telephone:i'/O 1- l/J'J -6j LfL(

Is Organization Non-Profit? I ye.J I Is Organization Religious? 1 NO

Is there a charge for admission? 1 yeS' 1 1

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

c i 17
---'----'--"-----'----------
f./'{)Pf'~·f'7

Name of Property Owner of Event Site: 1 C 11 7 of? /Je UjJtJr r

Signature of Property Owner: 1 _

Printed Name of Property owner:I _

Will Event be Indoors or Outdoors? 1 0 ()

J ( ) OD V'J'
(Include Plan) ---------------------
 EVENT HOLDER _ _".......,--:-_".......,_=_ _."..",=-::-
APPLICATION FOR A SPECIAL EVENT LICENSE
(page 2)

yes
If so, location of toilet facilities:
(Include on plan)
:.==---=====--------
If Outdoors, will toilet facilities be provided?

Will a tent be erected? 1 IVO COPY OF TENT PERMIT MUST BE ATTACHED.

(Include on plan)

Expected Attendance: 1
1,')0 Seating Capacity: 1 IDO

Is parking available: I IJo For how many vehicles?

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

List types of musical instruments:

1 - - - -

DANCE DEEJAY Amplification: IL-- _

SPORTING EVENT I/J IJ Type: I ~ _
Set-up Dates (Sporting events only): 1 _

PLAY I#P If yes, what type:

CARNIVAL IV A CIRCUS Will there be animals? 1 _

Ifyes, types of animals:

SHOW OR EXHIBITION: [.VA] Type: 1

OTHER (describe)
=---':=====-----~=======================
I-'M--"-'-~ _
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:-:-:::::::-:--:::c:-::::::::-:-c:-:-=:-:==-===-=-==-::::
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)

Will LIQUOR be served? yeS

If yes, will you be applying for a Class F or F-I Liquor License? ye5
Ifnot, will another's license be used?

If so, whose? 1 _

Will there be gambling, e.g., bingo, raffle, etc.? I AID Do you have State Police Approval? 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
Event" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic have Newport Fire Marshal approval?

Location from where fireworks will be shot:

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

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.

ROAD RACE. WALK-A-THON. ETC. On Roadway(s) 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:
. . .' , ->

-"".
. ... ~ .
 AUG .. /
City ofNewport, Rhode Island
APPLICATION FOR A SPECIAL EVENT LICENSE

EVENT TITLEffYPE:

LOCATION OF EVENT:

Date(s) of Event: / 'D( 3.:;;./tO

Hours ofEvent: I~===========================~
5.' ao .- Z " i ' "'" b()

Holder ofEvent & DBA: 1.5 r au~; I<COI1(GWI {11-/l1CJ.!Ji.; (!J1,iW!J

Signature of Holder of Event:
r-'-~~~~=f-~======~
Printed Name: iN..,J aJ,n-rJ I Title: 11JIk(lJ~~~ I
AddressofHolderofEvent:(!iffff1.1!1 live J tV.~rJAI /fr r .

Business Telephone: I I Residence Telephone: I III Ii I

Is Organization Non-Profit? I y.li1 Is Organization Religious? I .''I M I
Is there a charge for admission? I '1M I
Is event to be on City, State, or Private Pr~o~pe~rty!:.?~I=~M~O~=~=;::;;;========~I
Name of Property Owner of Event Site: I , fYIJL ad 11cJ..ta.; I
Signature of Property Owher: I "2Ci .nl . M tJ.fCJJf I
Printed Name of Property owner:1 Set ~ d.l1McfJ( I

Will Event be Indoors or Outdoors? cY--Lf Cf!o-&U) I

(Include Plan) ---------
 EVENT HOLDER C;T aM~ ck.<.<e4
APPLICATIONFOR ASPIALEVENTLICENSE
. (Page 2)

If Outdoors, will toilet facilities be Pro~v.::id:e:d~?~1:;::::Y.~:tVJ==:.=-I_-,,--r-_-r--,-_--=----,::---r _

If so, location oftoilet facilities: ·1J.l Q!l.11 'dA( III! MiMdi b~~
(Include on plan)

Will a tent be erected?

(Include on plan)
lylbJ COPY OF TENT PERMIT MUST BE ATTACHED.

Expected Attendance: 19-1ttO I Seating Capacity: 1 ~f-~

Is parking available: 1 141 1 For how many vehicles? 1 """ml1Jr~rWt/v/
CONCERT 1 /lIlt I
---;-~
Is staging or platform required? _ _ _I Amplification? 1 _

List types of musical instruments:

1 _

DANCE WZ£J DEEJAY Amplification: 1 _

SPORTING EVENT I /f 1 IV _T~Y,:,:P~::,-: ===============~

=1

Set-up Dates (Sporting events only): I --.J

PLAY c=:LlldJ Ifyes, what type: I --.J

I\!f/
CARNIVAL'
.
I
t.JL
If yes, types of animals:
-===--....=.==='-
1

1
CIRCUS I
-'-----':===-
Will there be animals? 1_ _---'
--,
SHOW OR EXHIBITION:
----;::=~--;======================~
1dfJ I Type: 1

OTHER (describe) I (!f9 eh ,kA.JI.. fiA.b..(

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? 1114

 ~
'
EVENT HOLDER STc<..M /
APPLICAnON FOR A SPECILEVENn'-:I'=C-'-EN=-==SE
(Page 3)

Will LIQUOR be served? l'yM 1

Ifyes, will you be applying for a Class For F-I Liquor License? 1m I
Ifnot, will another's license be used? IY121 I
Ifso, whose? I &~t ~ .fI-Il/~ l ~01ic r''''''7 L- ( ~
Will there be gambling, e.g., bingo, raffle, etc.? Iml Doyou have State Police Approval? 1 _

List Names ofYendors Item to be Furnished

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

FIREWORKS

Do you or the pyrotechnic have Newport Fire M.:.:ar::.s.:.:h::.a::.l~ap=:p.:.:r::.ov.:.:a~I?~~I:~d==If==~ -,

Location from where fireworks will be shot:

Nit
Time fireworks will begin: 1 _ Duration: Il.- --.J

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.

ROAD RACE. WALK-A-THON. ETC. On Roadway(s) c::=J On Sidewalk(s) c::=J 11//j

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

SPECIFIC ROUTE:
 uoucet-

,.- -..... _.. "

EVENTY TITLE/TYPE:

LOCATION OF EVENT: 1.5eAIlew---r~-207 ~,fS.!l ~ N~~II

Date(s) ofEvent: ' CjfI1-3 Hours: I ~e;N\ ~ t2-~

Holder of Event & DBA: 1,-_~..;;:'_6l-4--,_..>..:..._--::::--",,--- _

Printed Name: Title:

~.><.::..=~===t============~--=:::=::::======~
Address of Holder of Event:

Organizer's Signature:

Printed Name: Title: I h:><.Jnd.e/

Address of Event Organizer: 1 ~_t\._liV_'t2. _

Business Telephone: 11.(0 r r 2.-11 ~·6V I '1 I Residence Telephone: 1_'--<",~>-",,,,,_"'-"". _

Is Organization Non-Profit? --AP- Is Organization Religious? ~ Is there an Admission Charge: ~ €.!

Is event to be on City, State, or Private Property? I ?..-i' ,/",/=( I

Name ofPropeliy Owner of Event Site: IL.,-,~-=I IS_E. __WY
__CA _
Signature of Property Owner: I (7/:?~ {!%&- M:::
Printed Name of Property Owner: 1_~ I_S_Il. CA
__~_-,- ----
Will Event be Indoors or Outdoors? I
(Include plan if outdoors) ,---",__b_"_",--~
.-;:J _
 EVENT HOLDER.-:-:-=~:-c::c===--:-:-=:=:c:=::-::-:=-:c:::
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)

If Outdoors, will toilet facilities be provided?

If so, location of toilet facilities:

(Include on plan)

Willa tent be erected?

(Include on plan)
(Vv I COpy OF TENT PERJ'UT MUST BE ATTACHED.

Expected Attendance: . 3 00 I Seating Capacity: IL _

Is parking available: y-.e::, I For how many vehicles? 1 _

CONCERT I f'/l!1t-
t
Is staging or platform required? I N/4- I
I
Amplification? I ....J

List types of musical instruments:

DANCE ~ DEEJAY ye) Amplification: 1 _

f
SPORTING EVENT I IV/AI Type: 1 _

Set-up Dates (Sporting even s only): I-'- -:-:_~ _

PLAY 1 _ If y s, what type:

CIlU'US Will there be animals? 1 _

/
/
I

Type: --------c--------
1_·

OTHER (describe) lL·_ _..c-.-'-_ _ ~_~ _

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 ------

APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)

Will LIQUOR be served? I ¥e>

If yes, will you be applying for a Class F or F-I Liquor License? I N°
Ifnot, will another's license be used? .1 yes
If so, whose?

Will there be gambling, e.g., bingo, raffle, etc.?·I fJ tI Do you have State Police Approval? I tv,)t*;;-I
List Names of Vendors Item to be Furnished

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

FIREWORKS

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

Location from where fireworks will be shot:

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

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for lcmger than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.

ROAD RACE, WALK-A-THON, ETC. On Roadway(s) On Sidewalk(s) CJ

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

SPECIFIC ROUTE:
EVENT TITLE/TYPE:

LOCATION OF EVENT: I MlJlt7~ {F '-(AtkIn ~

Date(s) of Event:
I ==================~========
. ~ ?~S'1l-1
Hours of Event: I-----.:q..:..-A~M.:_-~\,_?_tv\_-=.'-;::::1_'A._1L-V--!-' _

Holder of Event & DBA:

Signature OfHo:ld:e~r~0~fE:v~e=nt=:~~~~~~9~~==~ ~=======~

Printed Name: ~ "-.l ~ Title: ~1'I:::~1t-.t{- I
Address of Holder of Event: I Mti-rwMVI-e; c.?T ,,~~l D""2.§Lij
Business Telephone: WI -&Y~ -6'n 7 I Residence Telephone: I I
Is Organization Non-Profit? ~ I Is Organization Religious? I t-J 0
Is there a charge for admission? I "In I
Is event to be on City, State, or Private Property?
.-:------------------,
Name of Property Owner of Event Site: f<l:=?-c5l?,,"1
LJ-=--.:..----:...~J:..:.-:~=---=--:...---'--=---'--------'
Signature of Property Owner:

Printed Name of Property Owner:

T
Will Event be Indoors or Outdoors?
(Include Plan)
 EVENT HOLDER
APPLICATION FOR A SPECIAL EVENT LICENSE
~ '1~,! -C-

(Page 2)

If Outdoors, will toilet facilities be provided? Y.t:::c :;

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

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

Expected Attendance: 1 I Seating Capacity: 1 1

Is parking available: I %S I For how many vehicles? I~-rl
CONCERT
I NO 1 Is staging or platform required? 1#>1 Amplification? I i~SI
List types of musical instruments:

DANCE INO DEEJAY I NO I Amplification: 1 -----'

SPORTING EVENT I 'Y P 1 Type: I_=~---,A_I~-=---,-.=.& _

Set-up Dates (Sporting events only): 1---..:......r;;t:::..:/:--';G:P\::::...o---'_
.-\ _ _ _'_
g=_._~_~_=_CTC\ _
PLAY r=J::h5J If yes, what type:

rna
1 - - - - - - -

CARNIVAL rnO I CIRCUS I Will there be animals? 1'--- ---'

If yes, types of animals: I
SHOW OR EXHIBITION:

OTHER (describe) I
-------;:==============
Are required approvals attached, e.g., State, Recreation Dept.?

Is a street closing being requested?

Will food be prepared on the premises?

If so, is Health Dept. Inspection Approval attached?

 EVENT HOLDER MI-°_~---'--
APPLICATION FORA SPECIAL EVENT LICENSE
_
(Page 3)

Will LIQUOR be served? I j?S I

If yes, will you be applying for a Class F or F-l Liquor License? [l\JO"J
Ifnot, will another's license be used? lyeSd
Ifso, whose? I '"13l-A C rc.-9fl:>W£
Will there be gambling, e.g., bingo, raffle, etc.? c::$J Do you bave State Police Approval? 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
Event" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic have Newport Fire M=a~rs=h=a~l=ap:p=r~o~v=al~?_---=======- _

Location from where fireworks will be shot:

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) On Sidewalk(s)

Has notification been made to residents along the route? _ _

Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:
-_._-._-,
 ,D ULLu DPs1£ '211 liLa' ~)-:~~]~':J~~-II-'\r-[E':';'rw
iiII
ell:T\' OF NEWPORT, RHODE ISLAND
The ~ndersigned respectfullypetitions the Ho?orable Council for a HOLIDA,Y LI,CENSE to allow retail s les onlthe fO,uo,w,ing hO,lid,a,ys: Ne ,
1\""'\"\\
d'.,j I I ,JUL 2 8 2010
J

Year s Day, Memortal Day, FOlUth of July, VICtory Day, Labor Day, Columbus Day, Veteran's Day, or 0 any d/!~~!.~h_~Jl-y-enumerated,h Iday i
officially celebrated. No Holiday Licenso sb.1I b. i••u.d and a rotall "u.in••••b.11 not bo opon Doc. ber 25 of.'W,('/~itt:ll,,''tlli\nl<sgiving
Day, .xe.pt pbarmaci••,r.tall stores that principally .011 food products and which .mploy fow.r tb n.i~,~~I!lY~fl@f~~rtdt~ny"on.--­
location, t1ower, gal'den and garden accessory shops~ video stores, and bakeries. (lU Ge",erall~aw5- ~T

Application is made for: HOLIDAY SELLING LICENSE Dale: 1.'~ 2,¥-:-1 a

LICENSE DlJRAnON:

BUSINESS OWNER:
(Individual, CorpILLC, etc.)
BUSINESS D/B/A:
BUSINESS LOCATION:
Owner/Representative:
Authorized Signatur"':
Owner's Home Address:
Business Telephone No,:

MAILING ADDRESS: (circle on,,« a Business 10 Ii own<ell"s address

E-Mail Address: __._

.•. ~_ _

The undersigned has been in business since (year): .. _

The business is principally engaged in the sale of the following types of goods: -.3_(f1) C e y ~- .~ r--------
Go. j:) ill ;.J/~~__ p2L()cb-c. (-5_'_, , ,,,._., ,,__ ~,__,,:. ,_, , _

TRANSliERS ONLY COMPLETE THIS SECTION

PREVIOUS BUSINESS (ownership): . _.' , ._" "..",,._, ..,' ".,.,'.""_"_,__,,, '.,, ,,,,.._
PREVIOUS BUSll\!ESS D/B/A:
PREVIOUS BUSINESS ADDRESS; --,--.",-" .. --.",--------,."-,,,._--._-----,._---._-_.,,--,,------------,,----,,---
PREVIOUS OWNER'S SIGNATURE: _.. __" ,.",_. " .. ."_, ...., ..."' ,.,,,,,,,_, .._,_ .... , ,

]<"9R OFFIC,,; tim,; ONVi

Flli.lg I?ee $15,00 Date Paid Zf..?:?L~",-~'?!tvI~w ."."_.~,,._ RetmiOwll! .,,__... ,"~, .:j[';j"!lillS.~,· """", ,,_

lLi,~ellls,; !l<".,,,, $WO.~{I Date Paid 3IJY{1P~'? IIVlH .

.!!Q'[;JfEJ:JMJ.:,~: __,::z:l'LI;.l.QJQ.-" CmJNCn, ACTH)N:""""...._,,,., ,,,, __,,_ ..... __,)i A'n~:: .""" __ <",,,,,_,,,_,,,
:!!:.,h,~f;liil.~e ~&-$t!®~ ~)jl:: ,~~>_.-.=~.< "~
.. •...--.,,'__ ~-_<.,.__.'•. ~_~ •.,~,_ •. _~...~>_,,''~'~'>_"_~__."'h"'_._._, [~5Stt.e~ .....~.~~~."'_~,_ .•_.<_~.~_ .•_.~ .../_.'_.~'~T._ •••. ,.~_N."_~><""•. ~~
 Community 'Baptist ChurcNr:,CEIVED
50 DR. MARCUS F. WHEATLAND BOULEVARD, NEWPORT, RHODE ISLAND 02840

~:7.Af. ,JUL 222010

Mayor's Office
City of Newport
DR.VINCENT L. THOMPSON, JR. M Pastor/Teacher Office: 401-847-1707
EMail: VINTHOMP@AOL.COM Fax: 401-848-9159
Study: 401-849-23 I 6 Ewells@community.necoxmail.com
pastor@community.necoxmail.com

Mayor Jeanne Napolitano and

City Council of Newport
43 Broadway
Newport, RI 02840

July 20, 2010

Dear Mayor Napolitano & Council Members:

Community Baptist Church, will be holding a Neighborhood Cookout & Barbecue for the
Marcus Wheatland Boulevard neighborhood on Saturday, August 28, 2010 from 11:30-
5:00 p.m. This is the fifth year we have done this and it has been quite successful. This
is our way of getting to know our neighbors and them to know our church community.
We serve food, have face painting for the children, puppet shows, the Bounce, arts and
crafts, singing and dancing by the youth of the church on the parking lot grounds. There
will be other games and recreation for the children and the elderly.

We are asking ifthe city will please block off the section of Wheatland Boulevard and
Burnside Avenue up to Bosworth Court to traffic for this short period of time for the
safety of our children. You have accommodated us in the past and we are looking to your
cooperation once again.

~>;;n2/~
Deacon Edna M. Wells,
Church Clerk

"'Tfie :ramifg of(joa"

 JUL 2 6 2010

Newport Heights
Maloney Properties, Inc.

July 6,2010

Ann Twomey
P.O. Box 101
Newport, RI 02840

Dear Ms. Twomey:

Please accept this letter as our formal written request to the Mlantonoml Park Committee and
the Newport City Council for permission to use Mlantonomi Park as the location for the picnic.
We have chosen Miantonoml Park for the environment and the convenience of being within
walking distance of all our resident's homes.

As discussed, In our on-going effort to build connections between the many residents and staff
of Newport Heights, we are planning to hold a summer picnic on August 20, 2010 rain or shine,
from approximately 11 :00am-3:00pm at Miantonomi Park.

Wewlll supply the food for a cook-out serving hot dogs, hamburgers, fruit juice and soda for
residents. We !!Ire planning activities Including a dunk tank, where the residents get the chance
to dunk Newport Heights staff members. At the end of the picnic, our Clean-Up Committee will
remove all trash from the grounds.

Thank you again and If you have any further questions, please do not hesitate to contact me at
(401) 845-2550 ext 1.

Sincerely,

Kelley Warnick
Event Planner

cc: Lisa Heffernan, Newport Heights Property Manager

Sue Cooper, CON Parks & Rec. Dept

59 John H. Chafee Blvd.. Newport, RI 02840

Tel. (401) 845-2550' Fax (401) 845-8989' TIV (800) 745-5555
July 22, 2010

Dear Mayor and City Council Members:

Re: BOAT PLACEMENT IN PUBLIC SPACES

Newport Exhibition Group, producers of the Newport International Boat Show, would
like to once again ask permission to display boats on trailers with signage in two public
places before and during this year's show. The show runs from Thursday, September
16th to Sunday, September 19th . Therefore, we would like to place the boats starting the
week of August 30th , so as to capture the attention of people visiting Newport over Labor
Day Weekend, and remove the boats no later than the Monday after the show. The boat
manufacturers will be responsible for any damage done to the boats and we can supply
you with their Liability Insurance Policy for that time period.

Same placement as last year: Long Wharf Mall. ..20-24 ft boat on a trailer with signage.
Signage announcing the dates of the boat show would be in the form of a banner along
the boat/trailer.

Same placement as last year: Newport County Visitors Center at the Comer of that
property, sailboat size to be determined with approval from Evan Smith.

We are requesting your approval of the two boat placements. Thank you for your time
and consideration.

Sincerely,

Nancy Piffard
Show Director
Newport Exhibition Group
CITY HALL OF NEWPORT
CITY COUNCIL
37 BROADWAY
RHODE ISLAND 02840
UNITED STATES OF AMERICA

Oslo: June 25, 2010

Subject: How the Viking Tower in TouroPark originated.

I am writing your office as an American with special interest in

the discovery of North America. This summer I visited Ll anse of
Meadows on NewFoundLand to get an "on the ground " feeling for the
site selected by the viking Leif Erikson in 998. As You know
Canada spent a considerable amount of money recreating longhouses
next to the actual place where foundations were investigated by
archaeologists and as well on an orientation centre for tourists.
The place is now under UNESCO protection.
What I learned there I hoped to bring with me when I planned my
tour to Rhode Island where a stone structure of unknown origin
seemed to point to viking activities as well, at least in name,
although to a much later age. If the norr0n\norse vikings had
really been there they must have spent a considerable time close
to the site, the Touro Park, and they would have come by ships.
The time of Leif's discovery was nearly 500 years before Columbus
discovered the "West Indies", .the islands which in fact had no
connection with India in the Far East as Columbus believed to his
death, but were the several islands in the Caribean. Columbus
never set his feet on North America's soil ! Yet the City of
Newport has accepted to put a full size bronce statue of Columbus
on the main highway Memorial Blvd. intersection with Bellevue Ave.
only a short distance from Touro Park. The inscription reads:
"Discoverer of America" -.
On the west side of the Tower, 14 feet above ground, the two
visitors L0vfald and Bj0rndal in 1946 discovered runelike letters
on a rock in the wall. If interpreted by the method of Monge after
the Vatican calendar of Gardar for Greenland the date is Dec. 10,
1116. That, according to a note on the upper left hand corner of
the Vinland Map, is the first visit of bishop Henricus Gnupsson
Upsi of Greenland to Vinland. According to the sagaes\historybooks
kept in Iceland Henricus again visited Vinland in 1123. Since he
was a misionary bishop and Greenland not at the time was part of
the Norwegian kingdom, not before 1261, his voyages must have been
of serious importance, like consecrating a church for a Catholic
community. The only such found in America is the Tower which has
strong resemblance to the octahedral structure put up in Jerusalem
and in Bethlehem by the mother Helena of roman emperor Constantine
in 340 over the grave and birthplace of Christ. Later churches in
Europe added similar freestanding birth- and baptizing structures.
With time the octahedral chapels were incorporated in the church
structures where bapizing took place meaning a recreation to the
faith in Christ.
Thus, a true copy, today the only one, of the birthstructure in
Bethlehem was built in Bologna, Italy, by the pope of Rome, in the
monastery of St.Stephan and part of the St.Sebastian church. I
have been there and measured the octahedral sizes. The Tower would
neatly fit into that structure ! The pope built it in order to
show the cruzading people, who never got transport from Italy to
The Holy Land, what they would have seen had they come across.
Now, back to the Vinland Map, which today is kept by Yale
University in Connecticut, the year 1116 is not stated explitly
but accordingly, in latin : "By the will of God, after a long
voyage from the island of Greenland southward towards the
westermost parts of the ocean ------ Henricus (Erik), apostolic
legat\(deputy) and bishop of Greenland and surrounding areas,
arrived in this truly enormous and much rich country in the name
of the Allmighty God, in the last year of our holy father
(pope)Pascalis(IIj-(1116), where he remained a long time Summer as
well as Winter and returned later in northeasterly direction
towards Greenland according to the will of his superiors." We also
know, according to the Vatican calendar, that the next bishop to
Greenland was Arnold of Hamar (city just north of Oslo) in 1124 -
and appointed there by king Sigurd Jorsalafarer of Norway.
However, as You may have wondered, how could the poor people of
Greenland, who never built viking ships - for trade or viking
puposes - afford an expedition all the way to far off Rhode
Island. They would have to rely on a huge ship and the resources
of royal dimensions. That king would be Sigurd Jorsalafarer who
was well known in Greenland and who had visited The Holy Land in
the period 110S-1110, shortly after the 1st crusade, where he had
taken the last stronghold of the muslims, the fortress of Sidon.
He had offered it as a gift to the king Baldwin of Jerusalem and
received rich compensations as he left for Constantinopel on his
return voyage. To this day he is remembered by the citizens of
Sidon by a plaque on the City Hall there !
Arriving in Norway he learned that his brother, 0ystein, in the
meantime had ruled Norway skillfully and added a large part of
Sweden without war and built 5 churches for the catholic main
church in Rome. The two brothers now ruled Norway together 0ystein
the northern part and Sigurd the southern. The northern part
 3

already had an octaheral wooden church for Olav the Holy who fell
in battle for the catholic cause on Stiklestad in 1030. He had
been declared "Holy" by the Vatican. That church would later
(1152) be replaced by a cathedral in stone where the chapels were
octahedral in form. At the time it was the largest in Scandinavia.
Sigurd had made several promises to the king of Jerusalem to
further the interests of the Mother church on his return that
would bind the support of Norway. Sigurd established a castelle-
church to his new city of Konghelle north og G0teborg where he
also had valuable icons installed. He also arranged for the 10%
introduction of a Vatican levy on all trade in Norway. But it
became an obsession with him that he never seemed to receive the
same famous acclaim from Rome as his brother had. However, the
opportunity to change this arrived with a letter from the fameous
abbot Peter of the french monastery in Cluny. He challenged Sigurd
to continue his efforts for the interest of the Mother church as
eagerly as his early services for the church had been. Now his
brother had died in 1123 and Sigurd was the sole king of all of
Norway. Sigurd accepted the challenge of Peter and decided on a
project to spread the words of catholicism as far west (Vinland)
as the church had reached to the east (China). He would evidently
bring the words of Christ to the Indians in the New World !
What else but a Stone Tower to baptize "Skrellinger" - and located
at the same lattitude as Rome ca 42 degrees ! When he had Gnupsson
to leave Greenland he at the same time ordered the Hamar bishop to
Gardar. He arranged for transportation possibly in the same huge
ship as his brother had built after the model of Ormen Lange. He
would have provided both manpower and stores for the long voyage
West - to Rhode Island ! Sigurd died in 1130. We do not know if he
or the Vatican received any return message from Newport as to the
success of his efforts - which then remained unmentioned in the
Sagas.
However, the results of Sigurd's possible efforts may have been
the facts of the Tower, a true Viking Tower as it is still called.
It has many technical details similar to the churches in Gardar
(Herjulfsnes) on Greenland. Such details may also be compared to
stone structures in Norway and elsewhere. It is claimed that
Norway imported stone masons from Ireland and Scotland as early as
the Hall built in Bergen and the cathedral in Trondheim and
possibly to the Maria church in Oslo.
Later the situation in Norway became one of Civil war as the Law
of the Land allowed every offspring of kings to gather "Flokker"
or groups of royal supporters to pretenders for kingship. Both
Greenland and Vinland took second place as every fractions in
society fought for their local interests as they had in the past
before Harald Harfagre. The power struggle was now only checked by
the church which continued to support their priests and build new
churches. Thus the cathedral of Trondheim came into being in 1152.
From what I have now oriented Your office about has also been
discussed locally with Newport's valued new representative who has
offered his private initiative to support the community of Newport
his name is Jim Egan located on Mill street close to the Tower. He
still adheres to the English version of the origin of the Tower
but I believe that should rather apply to a real mill on the
Island of Conanicut where an HOld windmill H is located to the
north by my National Geografic map.
Let me finally mention my own observations about findings Hon the
ground H regarding the Tower. It is said that the granite rock used
in some places of the arches are not found locally on the Rhode
Island. However, when i made a study of the beach along the Cliff
Walk, in close vicinity of the Tower, I saw two large seams of
granite on some tilted skerries only ca. 200 yards from the
entrance. I made photoes of these as included with this letter.
From this I also looked closer at the terrain north of the First
beach and Memorial Blvd. The Easton's beach and the lake behind
resembles so much the Espaves and Lanse aux Meadows at NewFound-
Land that further investigation for a possible viking settlement
ought to be undertaken. The only difference is the lack of a
freshwater creek. Has an estuary from the lake been changed by the
later Memorial highway ? If so was any remnants of early settle-
ments found ? I kindly ask for Your comments on possible postholes
and peat foundations for longhouses just north of the highway.
My last surprise was the mention of a HNewport wineyardH on a city
map. I hurried to a local store just across the street from Hotel
Viking and found to my pleasure the only local wine was the
Greenvale produced only 6 miles from downtown ! I strongly
recalled Verrezanos report about his visit to Newport in 1525
where he mentioned the exceptional H_ wine produced by the indians
in a european manner. H He wondered as well from where they might
have learned the process ! He even writes about the way the
indians sang a Hthanks for food H song which he wrote down
phonetically as to the refrain :H - affligu hafr wir etingu " !
Translated from old norse it meant: richly have we been fed. He
also commented on their abilities to build in local stone -. But
back to the wine. The winery had a history back to 1586 it said on
the bottle. Is it possible that the traditionth was even older - and
learned by munks from overseas around the 12 century ?

Sincerely,

rnt Holmboe KIa lipanveien 77. 1475 Finstad. Norway.

cc.Pictures of 1. Tower rock runes. 2. Granite seams from Newport.

'.
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 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
J lJ L 2 2 ;'OiJ

L.July21,201O

REQUEST FOR COMMENT:

New General Commission Advisory: Historic Architects Who
are Members of Historic District Commissions

The Rhode Island Ethics Commission invites you to provide written information
and comment concerning a draft of a new General Commission Advisory relating to
Historic Architects Who are Members of Historic District Commissions. This newly
proposed GCA is intended to provide explanation regarding the ability of historic
architects who sit as members of historic district commissions to represent clients before
the historic district commissions on which they sit. Specifically, the GCA explains an
exception to the Code of Ethics provided to such individuals.

The text of the proposed GCA may be accessed from the Commission's website
at: http://www.ethics.ri.gov/. You may also request that a copy of the draft GCA be sent
to you through the U.S. Mail or emailed by calling the Commission at 222-3790.

The Ethics Commission anticipates voting to adopt the GCA at the September 14,
2010 meeting of the Commission. The Commission will consider any written comment or
information received at its offices at 40 Fountain Street, 8th Floor, Providence, R.I.
02903, or via email tocomment@ethics.state.ri.us. no later than 4:30 P.M. on September
8,2010. The Commission will also allow oral comment at the September 14 meeting, but
those wishing to speak are asked to limit their comments to three minutes and must sign
in prior to the start of the meeting at 9:00.

For further information, please contact Commission Staff Attorney Esme DeVault
at (401) 222-3790.
 .IlJL 2 6 2010
STATE OF RHODE ISLAND
COASTAL RESOURCES MANAGEMENT COUNCIL
Oliver Stedman Government Center
4808 Tower Hill Road; Suite 3, Wakefield, RI 02879- I900

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:

RI Coastal Resources Management Programl

Ocean Special Area Management Plan (Ocean SAMP)

Executive Summary

The purpose ofthis chapter is to provide an overview of the Ocean SAMP document - why it was
developed; a brief history of the Rhode Island Coastal Resources Management Council's history in
creating SAMPs; the goals of the SAMP; and the process by which the Ocean SAMP was produced.

Section 100: Chapter 1 - Introduction

The purpose ofthis chapter will provide a broad overview of the SAMP area and SAMP document,
laying the foundation for the subsequent chapters which describe the present status of the Ocean
SAMP study area, characterize the natural attributes and resources of this body of water, describe
current uses, identifY and review existing and potential future use impacts, and present policies and
recommendations that will help federal, state, and local governments work with the people of Rhode
Island to wisely manage the Ocean SAMP study area for this and future generations.

Section 1100: Chapter 11- New Policies and Regulations

While a number of federal and state statutes, regulations, and policies now govern the uses of the areas
contained within the Ocean SAMP, the purpose ofthis chapter is to address additional provisions to
provide policy direction for, and regulation and management of, new ocean resources and uses, as well
as to enhance management of existing activities. The Ocean SAMP New Policies Chapter addresses
these emerging policies.

The Rhode Island Ocean Special Area Management Plan (Ocean SAMP) in its entirety

The purpose of the Ocean Special Area Management Plan (Ocean SAMP) is to serve as a regulatory,
planning and adaptive management tool of the Rhode Island Coastal Resources Management Council
(CRMC) to uphold its regulatory responsibilities. Using the best available science and working with well-
informed and committed resource users, researchers, environmental and civic organizations, and
Public Hearing Notice
Ocean Special Area Management Plan
July 23,2010
Page Three

NOTICE

These changes are considered to be routine program changes to the federally approved Coastal Resources
Management Program of Rhode Island. The CRMC will be requesting that the federal Office of Ocean
and Coastal Resources Management concur with this determination when it seeks inclusion of such in the
federally approved program. Persons who disagree that these are routine modifications to the federally
approved program may submit such written comments within three weeks of the date of the issuance of
this notice to:

John King
Division Chief
NOAAINOSfOCRM
Coastal Programs Division
1305 East-West Highway, SSMC4
Silver Spring, MD 20910

Signed this 23'd day of July, 20 I O.

Jeffr
Coas
flam
 D-/ (-/0 I
i
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(6"
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n, :f

!ILEONE_I I j :;
Li JUl 2 6 2010
RHODE ISLAND· MASSACHUSETTS
J
I s;P
"G ...
L:, .
1345 Jefferson Boulevard' Warwick, Rhode Island 02886

July 23,2010

VL4 REGULAR AND CERTIFIED MAIL

Jeanne-Marie Napolitano
Mayor, City of Newport
City Hall
43 Broadway
Newport, RI 02840

Laura Sitrin
Director of Finance, City of NewporI
City Hall
43 Broadway -
Newport, RI 02840

Kathleen Silvia
City Clerk, City of Newport
City Hall
43 Broadway
Newport, RI 02840_

Re: -Petitioh't6,the CitY-()(1'ahsel;:NeYtP0rl -, :.

:May 2.9; 20lOitljuriesto Erin O'Malley
", '.
Dear City Counsel. Ms. Napolitano, Ms. Sitrin, and Ms. Silvia:

Now comes Erin O'Malley by and through this office in connection with significant
personal injuries that Ms; O'Malley suffered ail resuliof a May 29, 2010 slip and fall
outsideS!. Mar)i:·g'Church -at 12 Wil1iamStreet,Newport, RI

This petition serves to place the City ofNewporl on notice pursuant to Rhode Island
General Laws §§ 45-15-5, 45-15-8, and 45-] 5-9 of claims that may he made against the
City of Newport.

On May 29,20 10 Ms. O'Malley began to walk down and exterior set of stairs toward the
city sidewalk when she suddenly and without warning slip and fell from the top step and
suffered serious personal injuries as a result of defective conditions on the stairway.

The known damages to this point include multiple fractures to Ms. O'Malley's back the
have generated significant rnedkal expenses, missed work, and tremendous pain and
suffering. At this point her prognosis is uncertain.

TELEPHONE: 401-921-6684 FACSIMILE: 401-921-6686 E-MAIL: info@leonelawllc.com W-WW.leonelawllc.com

We are still investigating who the proper owner of the stairway is, and are placing the
City ofNewport on notice in the event that our investigation confirms that the City is the
owner, created the defective condition, and is the proximate cause of Ms. O'Malley's
injuries. If that proves to be the case we will demand that the City of Newport
compensate Ms. O'Malley fully for the personal injuries and other damages she sustained
in this accident.

Attached is a photograph of the stairs in question. Please note that the defective
condition may not be visible in the photograph, but merely identifies the vicinity of the
fall.

If the City has information to verify that it exercised no ownership or control over these
stairs, please forward that to me.

Ifyou have any questions of concerns, please do not hesitate to contact me.

v j'Ji truly~£? A", '.

.
rJdk~ {J:/UJI'Z. /1L
Anthony R&eone

Enclosure

CC: Erin O'Malley

 PAGE lof2
:.J 1-1lf!6<~ cZJ/OrOf-l-vI//
CITY OF NEWPORT, RHODE ISLAND
FROM YEAR,?2 tJ7 0 TO YEAR .;LIn I
PUBLIC ENTERTAINMENT LICENSE APPLICATION
TO THE HONORABLE COUNCIL: DATE: I
DBA Name:
Business Phone:

Address:
.J
Corporate/Business Owner Name:

I~----:--;::======:;-~~~--;::::::::;;;:----;;-=;;::=====-
License Number: ,_ _=_----J CLASS:WJ~r!:URATION: []E,-,~::,:=,,-,":::.'_-=-- _
Yearly is June 1- May 31 0
or if Daily (list dates)

HOURS:

Location: :r V'fI /J""" Ptpn!J J,~ .f'~/~JV I J/.t..7f;1L( 'i./11"1&t-.f &>~f4,;1

r;
r/; J !lXv
II .

Initial Here that PLAN is attached thatspecifically delineates & defines location ofentertainment:
INITIAL HERE to acknowledge receipt 0 NOISE ORDINANCE
1+5M~<?' I
DATE: ,------l.--l D
Filing Fee -~ Date Paid: '1 (/b/, License Fe~ Date Paid:
License Issued By: _ _ Date Issued: _ - - - - - - -

ANNUAL Class A (inside) $300 Class B (outside) $200(including tent) accessory only
Class C (Class J Liquor) ($500)
.!?:~~~X 9!l.~~.~.~.~? Q~~. ~~y. <;:.1~~~.? .P.!lj~y'. ~ 1.Q J?~~ .daX. (~~~!!i?~~J. to. ~~ily. 9~s~ .~) .
ACTION OF COUNCIL: ACTION DATE: -......:..---,-----,,-----,-c-

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. I
 PAGE 2 of2 Entertainment License Application I
FROM YEAR .;2()!ttJ TO YEARd. p Z
~ty@~~ f)
Owner: 1J1J tlN1
DBA:~~LtN_ _ ~ ~,f<VD
Premises: 3 MJlIL-I Nil: ~I?-W"'2..Cl tP~ lJ
2 J ~/JP.J
COMPLETE ALL CATEGORIES (use 'Yes' or 'No' or 'NA' if not applicable):
CATEGORY RESPONSE
Amplification? V,£J'
Band? If: ~
# Members: ; L.

Concert? Ij)o
Dance? j,J1/)
Movie? tVo
Play? /liP
Musicians? f}:.-J
How Many Musicians? .3
Vocalist? Yti
How Many Vocalists? .?-
How Many Musical Instruments? 3
List Types of Musical Instruments: hAMv/ j;JJd-S Jr/(j)A;tV /lJ:l)~{) Dlbl't4U
Do you have a victualing or liquor license? YJ-J
Expected Attendance: dO
Seating Capacity: tb/(//)tJ .;r Q",/'f ZOD
Parking Availability # of Vehicles: /00
Your signature below indicates that you have reviewed the information on this two page form and agree that
it is correct Any change will require that a new applicati be filed w'th the City Clerk's office.
Signature of Representative:

Print Name:

Title: 1_--"-I.......:~.;....:fiJ....e.....:-/--'-D_t-_>.J_y _

Restrictions:

App03 Elltc l1a in n\('1n L iecn~c

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CIT'I Of NEWPORT
Gm CLERK'S WIGr J.'!ewoort. RhOOe I!!J1llM ~ :Ii l'
 o-(l-!U
Last printed 6/5/200710:54 AM
PAGE lof2 CUY OF NEWPORT, RJH:ODE iSLAND
Dec. I, -Nov. 30, _
VICTUALING LICENSE APPUCATION
TO THE HONORABLE COUNCIL: DATE: I
D/B/A I.f- '.s
LiCENSED PREMISES \
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g=~i~~~Ci lkm M1.=.&:.,:Iv'--_12"'-"--'V'J'-+!'t1CL\I\.;!.=.. '--_ _- " ; - - - - - . . . . . - J

Owner Add~essi ~41 ~~\~ ~ I

Clty: . NfAMtov}- JState: I ~I IZiP:1 orl31fJ JUt 2 8 20)U
Owner Phone: /4 0 \. ~,.... Cell!? IBusiness Phone: I 4 01' Wi)" O1PP
Mailing Address (choose one): (a) Business Locatio Ownership Addre ,or (0) Other (specilY below)

I License Number: I)...q

-----~
6CLASS: ,::r- ILi,tter Rating from I. J~T
.. :.-..:..;:'-----'-------- CIty Clerk:
~17J .1

DURATION: 1~V\1AA1 I(Annual is DEC I thruNOV30) or if Seasonal (list dates): I I

Estimated monetary ·1 ,2.\? btt:9c;!:7 0 0 ,
mvestment mvolved: . I •

Hours of Operation: '11 c kW> - ~ ~~w- ~I~h.w"'\p.,>, .

Do you have Extended How-s of Operation (i,e, 2:00 am till 6:00 am)? lili if yes, specify extended hours and days:
Hours: I ·1 Days: I I

Is liquor license application being submitted by the applicant? I 'N 0 or will it be in the future? ~
I.N.LI
. • OIlOO.""'tI ."""DO"1l>

b1 t?y\U
Description and/orrendering of architecture to be used (if changing). INITIALS:
. ,.......: Attached? (YES?No) :
,.......:
-. •-,-,-.-,' " -- - " , , '" " '-- ' , '. ·DO NOT WRITE BELOW THIS LINE -- - " ' •• ' , " ,-- -- ,-- -- '" '

Filing Fee: ~ Date Paid: I 7-;;)~-10'~p. License Fee: I 3..)d IDate Paid: 1 --'

Approved by Council Disapproved by Council _

Issued by Date _

Y:'..Wcb EdiLillU"VIT2007Applknfiun.dl1l;
 Last printed 61512007 10:54 AM
PAGE"2 of 2 Victualil1g License Application Dec. J, ___ IoN 0 v. 3 0, _
Owner: f<V\A",V\J6V~AlY
DBA
LocatlOn:M
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Wd\It'\WI <;;h'.eek,
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If NEW establishment'-oll'- if NOT already "on-file", PLANS must be provided,
i~~~:::~;li;:UJJ~if:;a~idedetai1edV:tehu~win~~e~~~el~: interi~tk'~or, seating capacity, dumpster
. 00'''''''0\ . ~~... . 'oO " "•••••••••••••• 'l!

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Plans attached r on·fil ( ES r NO):: .

:
: & Signature:·
: Do ........... • ·O."••• ~ O." " " D.Da
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:
Current Seating :
Parking Parking II
Available? Location?
Number:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _--,:-'. of Cars I L---l
Garbage Disposal: Dumpster? Tr~sh Receptacles? [QJ
Location:
I I· ;l;;.~~itJ,1G
Type/Odor Prevention: I~========~I :. ~"...\-b . l
Weight per pickup:
I I I '?I
Number of Cans:
'4- ("<:.5'
PRIVATEPICKUP?~ B~WhOm?1 V\(A,G-te-. ~i~E . . l..
II If- I
,
. INITIAL to acknowledge receIpt ofLItter/Trash Iufo (ifuew) . L~Y.V~~; DATE~: ••• 1::.~:.!~ j
Type of
BUSINESS: I~~vy
----------"-{--.- - - - - " - - ~
I
Your signature below indicates that you have reviewed the information on this two page form and agree that. it
is correct, Any change iII require that a new application be filed with the City Clerk's office,
Signature of D,

D
uD.. DOIl.. ~bDPDl>D . I>DUUDOl>DDDO.. DO."Da~l Date: r~h·:~~ :·i·;UDO.;
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Applicant:
Phone#:

Print Name:

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84 Wi/llam St,
Newport R/ 02840

Drawing is for conceptual purposes only. All

measurements are for conceptual purposes only.
 CITY OF NEWPORT

RESOLUTION
OF THE
COUNCIL
NO. _

WHEREAS, Newport is known throughout the U.S. and the world

as a place of extreme beauty with the Atlantic
Ocean, Narragansett Bay, its ponds and marshes, as
a background of architecturally significant
properties; and

WHEREAS, the Newport City Council has worked consistently to

improve the appearance of Newport and clean up the
city, i.e. the Clean City Program; and

WHEREAS, the City of Newport has hosted the Scenic America

Documentary group to attempt to further enhance the
appearance of Newport and its neighborhoods; and

WHEREAS, there is signage on public Newport land that seems

not to comply with the City's zoning ordinances.
NOW, THEREFORE, BE IT

RESOLVED: that the City of Newport's administration and staff

will report back to the city council on or before
September 30th, 2010, on how the city will work on
creating a plan for complying with its own zoning
ordinances."

KATHRYN E. LEONARD

IN COUNCIL

READ AND PASSED

Kathleen M. Silvia
City Clerk