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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
October 27, at 6:30 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG

PROCLAMATION RECOGNIZING THE lOOTH ANNIVERSARY OF THE


FOUNDING OF THE BOY SCOUTS OF AMERICA AND BOY SCOUTS IN
NEWPORT COUNTY

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. 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 Council Meeting held October 13,2010 (Approve)

b. Special Event Licenses:

1) RI Arts Foundation at Newport, Inc. (Newport Music Festival),


d/b/a Fall Concert and Reception; Salve Regina University, Ochre
Court, November 17,2010, from 5:30 p.m. to 8:00 p.m.

It is the practice of the Council to meet at 6:20 p.m. in the second-floor Conference Room to discuss docket items. The
public is invited to attend. The docket, along with all supporting documents, can be viewed on the City of Newport
website: www.citvofnewpOlt.com - "Current Newport City News & Announcements" - Click on "MORE NEWS."
Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. A DVD of the
Council Meeting will be available t the Newport Public Library within 48 hours of the meeting.

LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT THE
NEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPON
NOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCE
OF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUST
ALSO NOTIFY THE CITY MANAGER'S OFFICE 48 HOURS IN ADVANCE OF THE MEETING.
DOCKET OF THE COUNCIL
October 27,2010
Page 2

2) Women & Infants Hospital-Program in Women's Oncology,


d/b/a 2ih Annual Christmas Run/Walk; December 12,2010,
7:00 a.m. to Noon, beginning and ending at Rogers High School
(route attached)

3) Emmanuel Church, d/b/a Holiday Fair; 40 Dearborn St., November


19,2010, from 4:00 p.m. to 8:00 p.m., and November 20,2010,
from 9:00 a.m. to 3:00 p.m.

c. Catering License, Renewal, Spark LLC, d/b/a Spark, 12 Broadway

d. Holiday Selling Licenses, New:


1) Ranew Salon & Spa, Inc., d/b/a Ranew Salon & Spa, 580 Thames St.
2) Tobacco Road, Inc., d/b/a Tobacco Road, 190 Admiral Kalbfus Rd.

e. Communication from the Town of Middletown, re: Notice ofIntention to


Undertake Certain Permitted Actions-Property Located at Kempenaar
Valley (upgrade of stormwater infrastructure) (Receive)

f. Communication from David W. Gregg, Ph.D., Executive Director, Rhode


Island Natural History Survey, encouraging consideration of Dr. Numi
Mitchell's recommended ordinance for Coyote Co-existence Best
Management Practices. (Receive)

g. Resignation of Al Lowe from Energy & Environment Commission


(Receive with regret)

LICENSES AND PERMITS

2. Special Event License, ISES RI, d/b/a Halloween Bash 2010; Belcourt Castle,
657 Bellevue Ave., October 30, 2010, from 7:30 p.m. to Midnight (Continued
from October 13,2010)

3. Annual Entertainment License, Class A, Salve Regina University Theatre Arts,


d/b/a Stanford White Casino Theatre, 9 Freebody Street. (First Hearing)

4. Annual Victualing License, Renewals:


1) Bluecat Holdings, LLC, d/b/a Cold Fusion Cafe, 389 Thames St.
2) Totally Cold, LLC, d/b/a Coldstone Creamery, 258 Bellevue Ave.
DOCKET OF THE COUNCIL
October 27, 2010
Page 3

5. Victualing License, North Italian Restaurant Brio, Inc., d/b/a Lucia Italian
RestaurantlPizza Lucia, 186B-190B Thames St. (in conjunction with transfer of
Sea Shai Habachi Garden, Inc., liquor license)

6. Victualing License, Carter, LLC, d/b/a to be determined, 250 Thames St. (in
conjunction with liquor license transfer ofR! Quahog Co. Restaurants, LLC)

7. Annual Entertainment License, Carter, LLC, d/b/a undetermined, 250 Thames


St. (in conjunction liquor license with transfer ofR! Quahog Co. Restaurants)

COMMUNICATIONS & PETITIONS

8. Communication from Turner C. Scott, Esq., on behalf of Verbena, LLC, owner


of3.9 acres ofland abutting Ocean Heights Road and Ocean Avenue, re:
Proposed Agreement for a landscaped cul-de-sac at the Ocean Heights Road
terminus.

RESOLUTIONS

9. Upper Thames Street Traffic - S. Coyne, J. McLaughlin, K. Leonard

ORDINANCES

10. Amending Chapter 12.32 of the Codified Ordinances, entitled, "Park and
Recreation Areas," adding Section 12.32.051, "Ballard Park-Regulations" to
prohibit rock climbing in Ballard Park (Second Reading)

COMMUNICATIONS FROM THE CITY MANAGER

11. Communication #4761110, re: Energy Conservation Program - Bellevue


Avenue Decorative Streetlights (with accompanying resolution; continued from
October 13,2010)
• Memorandum from the City Manager, re: Bellevue Ave. Decorative Street-
lights-Energy Efficient Light Source Retrofit Project
• Communication from the Public Services Director to the R! Historical
Preservation & Heritage Commission requesting an opinion on the energy-
savings initiative.

12. Communication #4767110, re: Former U.S. Navy Hospital- Public Benefit
Conveyance (with accompanying resolution)
DOCKET OF THE COUNCIL
October 27, 2010
Page 4

ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE


COMMISSIONERS

BOARD OF LICENSE COMMISSIONERS


LICENSES AND PERMITS

1. Application for a Class F Daily Liquor License, RI Arts Foundation at Newport,


Inc., (Newport Music Festival) , d/b/a Fall Concert and Reception, Salve Regina
University Ochre Court, November 17,2010, from 5:30 p.m. to 8:00 p.m.

2. Annual Liquor License Renewal, Class BH, LaSalle Hotel Lessee, Inc., d/b/a
Hotel Viking, One Bellevue Avenue (Hearing)

3. Annual Liquor License Renewal, Class BH, Target Two, Inc., d/b/a Cliffside
Inn, 2 Seaview Ave. (Hearing)

4. Application of Target Two, Inc., d/b/a Cliffside Inn, 2 Seaview Avenue, to


transfer its Class BH alcoholic beverage license to Legendary Inns of Newport,
Inc., d/b/a Cliffside Inn, for the same premises. (Hearing)

5. Application of Sea Shai Habachi Garden, Inc., d/b/a Sea Shai Habachi Garden,
lOA -14 Long Wharf Mall South, to transfer its Class BL alcoholic beverage
license to North Italian Restaurant Brio, Inc., d/b/a Lucia Italian
Restaurant/Pizza Lucia, at l86B-190B Thames S1. (Hearing)
• Bills ofIndebtedness:
a) Sysco Boston, LLC: $4,878.35
b) RI Distributing Co.: $4,604.21

6. Application of Richard J. Land as Receiver of Rhode Island Quahog Company


Restaurants, LLC, to transfer the Class BV alcoholic beverage license of said
corporation to Carter, LLC (d/b/a to be determined), for the same premises.
(Hearing)

ADJOURN
Kathleen M. Silvia
City Clerk

October 20, 2010


CITY OF NEWPORT
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13, 2010

The following items of business, filed with the City Clerk under the Rules of the Council, came
before the Council at its regular meeting held on October 13, 2010.

COUNCILOR WALUK moved Resolution 9-B be added to the docket, and Items 9-B and 9-A be
heard first and second. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
(See Resolutions 9-B and 9-A)

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 Council Meetings held September 15 and 29, 2010 (Approve)
b. Special Event Licenses:
1) REMOVED: ISES RI, d/b/a Halloween Bash 2010; Belcourt Castle
2) Salve Regina University Theatre Arts; d/b/a Stanford White Theatre,
Freebody Street (annual Entertainment License is pending):
a) "Peter and the Wolf; October 15 and 16,2010, from 8:00 a.m. to Midnight
b) Chamber Night; October 18,2010, from 8:00 a.m. to Midnight
c) Arts & Cultural Society Mixer; October 19,2010, from 8:00 a.m. to
Midnight
d) RI Historical Society, Rhody Awards Night; October 21, 2010, from 8:00
a.m. to Midnight.
e) Murder Mystery; October 22,2010, from 8:00 a.m. to Midnight
3) Liz Souza, d/b/a Psychic Fair; Elks Lodge, 141 Pelham St.,
October 16,2010, from 12 Noon to 5:00 p.m. and from 7:30 p.m. to 9:30 p.m.
4) Liz Souza, d/b/a Halloween Costume Party; Elks Lodge, 141 Pelham St.,
October 30, 2010, from 7:00 p.m. to Midnight
c. Drain Layer License, Renewal, Peckham Brothers Company, Inc., d/b/a Peckham
Brothers Company, 220 Paradise Ave., Middletown, RI
d. Holiday Selling License, New, Brainwaves Toy Shop, Inc., d/b/a Brainwaves Toy
Shop, 8 Bowen's Wharf
e. Communication from Governor Donald L. Carcieri, re: Award of Community
Development Block Grant in the amount of $401 ,250. (Receive)
f. RI Department of Environmental Management Notice, re: Application of Naval
Station Newport for a Water Quality Certification to replace metal pipe culverts -Gate
2 Culvert (Bridge), Third St. Extension (Receive) .
g. RI Department of Environmental Management Notice, Application of Newport
Country Club for a Water Quality Certification to perform a marsh restoration project.
(Receive)
h. Communication from RI Division of Public Utilities & Carriers, Motor Carriers
Section, re: public hearing regarding request ofNewportravel, LLC, to amend start
time of its Jitney tour services (Receive)

COUNCILOR WALUK moved the Consent Calendar, with the exception of Item b-l, be adopted.
Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 2

b-I. ISES RI, d/b/a Halloween Bash 2010; Belcourt Castle, 657 Bellevue Ave.,
October 30, 2010, from 7:30 p.m. to Midnight

COUNCILOR LEONARD recused herself.

COUNCILOR COYNE asked for whom the funds were being raised at the event. Since no one was
present to answer, COUNCILOR COYNE moved the application be continued to the October 27,
2010, council meeting. Seconded by COUNCILOR WALUK and VOTED UNANIMOUSLY.

LICENSES AND PERMITS

2. Annual Entertainment License, Class A (indoors), Farahnaz Shobeiri, d/b/a Genie's Hookah
Lounge, 547 Thames St. (Second Hearing)
• Letters of Objection:
a) Benjamin C. Riggs, 15D Harrington St.
b) Mary and Martin Jacobson
c) Paul and Cathy McCarthy

COUNCILOR WALUK said it was his understanding there would be no live entertainment, just
background music. FARAHNAZ SHOBEIRI, applicant, said she might on occasion want live
entertainment, but would abide by what the Council grants.

JAMES MARSHALL, owner of the Armchair Sailor Book Store, located in the same complex as the
proposed hookah lounge, said he was concerned that the lounge would interfere with his business. He
said parking is very limited because National Grid is doing soil remediation, which will be a two-year
process, and their equipment is using the Wellington Condo parking lot.

DANIEL PRENTISS, ESQ., representing the Wellington Condominium Association, questioned


HEATHER CAMPBELL, President of the Condominium Association and the Wellington Hotel
Association. MS. CAMPBELL said she has been monitoring the parking lot, a block of which is used
by National Grid equipment, and by 9:00 p.m. it is filled with tenant parking and those going to
businesses in the area. She said the Wellington businesses are allotted 36 parking spaces, and pointed
out that there are no other businesses in the Wellington complex that have entertainment.

COUNCILOR WALUK pointed out that an entertainment license application was before the Council
and parking was not the issue and noted that many businesses in the area have no parking whatsoever.
CITY SOLICITOR JOSEPH J. NICHOLSON, JR. said the hookah lounge use is allowed; therefore,
the question is whether or not the background music will have a negative affect on the health, safety
and welfare ofthe neighbors.

COUNCILOR LEONARD said one of the objectors stated in a letter that the backdoor of the hookah
lounge opens onto a residential condo area. MS. SHOBEIRI responded that the backdoor opens into
a parking lot. She also said she was looking at locations for the hookah lounge other than the
Wellington unit because of difficulties with the landlord.

COUNCILOR COYNE pointed out that the hookah lounge could operate by right at the Wellington
location and would not have come before the Council except that the applicant had applied for a
victualing license, which had been approved on August 25,2010, and now was seeking an
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 3

entertainment license. He said he did not support the entertainment license at this location, and the
applicant could apply for a special event license for occasions such as birthday parties. MAYOR
NAPOLITANO suggested that, in light ofthe applicant's stated intention to find a different location,
the application be withdrawn and Ms. Shobeiri return when she has a new location.

COUNCILOR WALUK moved the application be withdrawn without prejudice. Seconded by


COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

3. Annual Victualing License Renewals - Non-liquor Establishments (listed at end ofthe docket)

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


LAUGHLIN and VOTED UNANIMOUSLY.

4. Annual Victualing License Renewals - Non- Liquor Establishments with Extended Hours
(listed at the end of docket)

COUNCILOR WALUK moved the license renewals for extended hours be approved. Seconded by
COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

5. Annual Victualing License Renewals - Liquor Establishments

a) 41 North, LLC, d/b/a 41 North, 351 Thames St., 14,16,20 Perry Mill Wharf
0 0

COUNCILOR LEONARD recused herself.

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


LAUGHLIN and VOTED UNANIMOUSLY (6-0).

b) Ancient Order of Hibernians, d/b/a Ancient Order of Hibernians Division # I, 2


Wellington Ave.

COUNCILORS CONNOLLY and DUNCAN recused themselves.

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


LAUGHLIN and VOTED UNANIMOUSLY (5-0).

c) Belle Mer, Inc., d/b/a Belle Mer, 2 Goat Island


d) Marina Cafe, LLC, d/b/a Marina Cafe, 3 Marina Plaza
e) Newport Time Resorts, Inc, d/b/a Oceancliff, 65 Ridge Road
f) Goat Island Grille, Inc., d/b/a The Regatta Place, 5 Goat Island

COUNCILOR CONNOLLY recused herself on Items c,d,e and f.

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


LAUGHLIN and VOTED UNANIMOUSLY (6-0).
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 4

6. Annual Victualing License Renewals - Liquor Establishments (listed at the end of docket)

COUNCILOR WALUK moved the application of Tokyo House Sushi & Hibachi, LLC, be removed
from the list and approved, with COUNCILOR COYNE recusing himself. Seconded by
COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY (6-0).

COUNCILOR WALUK moved the remaining Victualing Licenses, with the exception of The Pier
Newport, LLC, be approved. Seconded by COUNCILOR MC LAUGHLIN and VOTED
UNANIMOUSLY (6-0).

COUNCILOR WALUK moved the license renewal of The Pier Restaurant Newport, LLC, be
approved. Seconded by COUNCILOR MC LAUGHLIN.

COUNCILOR LEONARD recused herself.

EVAN LEVISS, ESQ., representing J Class Management, abutter to The Pier, spoke in opposition to
renewal of the license because of the use of the north patio, which he said was on a public right-of-
way. He cited an e-mail sent by the legal counsel to the CRMC, Brian Goldman, to the City Solicitor
in which Mr. Goldman said the seating plan on the north patio was acceptable to the CRMC;
however, there was no meeting or vote of the CRMC on the issue. He then submitted a packet of
information related to use of the north patio.

COUNCILOR MC LAUGHLIN moved the information be received. Seconded by COUNCILOR


CONNOLLY and VOTED UNANIMOUSLY.

ATTORNEY LEVISS then reviewed the material in the packet, which he said substantiated his claim
that The Pier does not have a right to use the north patio. COUNCILOR WALUK noted that the
north patio was used for years and years under a previous owner, and that it is a first-rate business that
has created jobs and is operating in the same way as it did in the past. ATTORNEY LEVISS
responded that the Council should stand by the condition under which seasonal use ofthe north patio
was approved, i.e., that there be approval from the CRMC.

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

COUNCILOR WALUK moved renewal ofthe license be granted subject to all existing conditions.
Seconded by COUNCILOR CONNOLLY.

CITY SOLICITOR JOSEPH NICHOLSON, in response to a question from COUNCILOR MC


LAUGHLIN, stated that the issue ofthe north patio is between Mr. Leviss and the CRMC, and if
CRMC had not approved the use it would be up to them to enforce it. He stressed, however, that he
had received an e-mail from CRMC's legal counsel stating CRMC was okay with the seating plan on
the north patio, and noted that an appeal before the Liquor Control Administration was resolved
because CRMC had advised that they were satisfied with the plan. He said all the conditions the
council had imposed on use ofthe north patio had been met. COUNCILOR MC LAUGHLIN
responded that he agreed that the matter was an issue between Attorney Leviss and CRMC, and since
all the conditions had been met he would support renewal of the license.
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 5

The motion to approve the renewal of the license was VOTED UNANIMOUSLY (6-0).

7. Victualing License, New, J & A Tokyo House, LLC, d/b/a Newport Tokyo House Sushi &
Hibachi, 8-10 Equality Park Place (in conjunction with transfer of ownership of liquor
license)

COUNCILOR COYNE recused himself.

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


and VOTED UNANIMOUSLY (6-0).

8. APPOINTMENTS TO BOARDS AND COMMISSIONS

Energy & Environment Commission (I vacancy) - Applicant: George Blake

MAYOR NAPOLITANO moved George Blake be appointed to the Entergy & Environment
Commission. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

RESOLUTIONS

9-A. In Support of Question #4 on the November 2, 2010, Ballot --Open Space and Recreation
Bond Referendum, which includes $1.5 Million for Phase I of the Fort Adams Master Plan-
Newport City Council (Heard second on the docket)

COUNCILOR MC LAUGHLIN read the resolution and moved for its adoption. Seconded by
COUNCILOR WALUK and VOTED UNANIMOUSLY.

ERIC HERTFELDER, Executive Director, Fort Adams, thanked the Council and provided a hand-out
of activities at the Fort.

ADDED ITEM (added and posted on 10/7/2010)

9-B. Signing of the Agreement with the Aquidneck Island Land Trust for King Park and Spencer
Park. (Heard first on the docket)

COUNCILOR LEONARD read the resolution, after which Mayor Napolitano and Ted Clement of the
Land Trust signed the Agreement. Certified copies of the resolution were then presented to those
involved with preserving the land as open space.

COUNCILOR WALUK moved the resolution be adopted. Seconded by COUNCILOR CONNOLLY


and VOTED UNANIMOUSLY.

ORDINANCES

10. Amending Chapter 12.32 of the Codified Ordinances, entitled, "Park and Recreation Areas,"
adding Section 12.32.051, "Ballard Park-Regulations" to prohibit rock climbing in Ballard
Park (First Reading)
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 6

COUNCILOR LEONARD introduced the resolution and moved for its adoption. Seconded by
COUNCILOR WALUK.

COUNCILOR MC LAUGHLIN asked who owns Ballard Park. COUNCILOR LEONARD


responded that the City had purchased part ofthe land and the Ballard family had donated the
remainder. CITY SOLICITOR JOSEPH NICHOLSON also responded that it is a City park, owned
by the City and if someone were to fall and get hurt the, City would have some responsibility.
COUNCILOR COYNE asked if signs would be posted stating that rock climbing is prohibited; CITY
MANAGER EDWARD LAVALLEE responded that they would.

The motion was VOTED UNANIMOUSLY.

COMMUNICATIONS FROM THE CITY MANAGER

11. Communication #4761/10, re: Energy Conservation Program - Bellevue Avenue Decorative
Streetlights (with accompanying resolution)

COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by CUONCILOR CONNOLLY.

COUNCILOR LEONARD noted that representatives of the Bellevue Ave./Ochre Point Association
were informed at a previous meeting that they would be welcomed to a demonstration of the lights,
but that never happened. She said she would like the matter continued until a demonstration is held,
to which the Bellevue/Ochre Pt. Association, people living in the area, and historic preservation
groups are invited.

COUNCILOR LEONARD moved the communication be continued to the October 27, 2010, council
meeting. Seconded by COUNCILOR WALUK and VOTED UNANIMOUSLY.

12. Communication #4762/10, re: Bid Award for Martin Recreation Center Gym Floor
Renovations

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

13. Communication #4763/10, re: Newport County Fund - "Common Ground" Grant
Application: Expand Healthy Communities Demonstration Grant Project

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

14. Communication #4764/10, re: CSO Stakeholders Workgroup

COUNCILOR WALUK moved the communication be received and appointments to the workgroup
approved, and interviews scheduled for those who applied as resident members. Seconded by
COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13, 2010
Page 7

15. Communication #4765/10, re: Bid Award for Thames Street Sanitary Sewer Interceptor
Rehabilitation

COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY.

COUNCILOR LEONARD questioned the alternate bid of $50,000. JULIA FORGUE, UTILITIES
DIRECTOR, responded that if the bid award is $50,000 higher than the base bid, then the company
must finish the work by April 1st, or pay liquidated damages of $5,000 per day for each day after
April 1sl that the work is not completed. She said if the base bid is awarded, then the company would
pay $5,000 per day in liquidated damages for each day after May lSI that the work is not completed.

VOTE: In favor - MAYOR NAPOLITANO; COUNCILORS CONNOLLY, COYNE,


DUNCAN, LEONARD and MC LAUGHLIN.

Opposed - COUNCILOR WALUK

16. Communication #4766/10, re: Amendment # 2 to Contract #10·008 Engineering Services for
Thames Street and Wellington Avenue Sanitary Sewer Improvements

COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY.

COUNCILOR MC LAUGHLIN said it was his understanding that the contract price had come in
lower than what was estimated and the work will be completed sooner than what was anticipated.
UTILITIES DIRECTOR JULIA FORGUE confirmed that information.

The motion to approve was VOTED UNANIMOUSLY.

7:39 P.M. RECESSED AS COUNCIL AND CONVENED AS BOARD OF LICENSE


COMMISSIONERS

7:44 P.M. COUNCILOR WALUK moved the Council adjourn to Executive Session in the
Conference Room, pursuant to RI General Laws, Section 42·46·1, and in accordance with
Section 42·46·5, Purposes for which Meetings May Be Closed, Paragraph (a)(5), as
amended, to discuss the disposition or acquisition of publicly held land, specifically, the
BRAC process for disposition ofthe Navy Hospital property. Seconded by
COUNCILOR COYNE and VOTED UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 8
BOARD OF LICENSE COMMISSIONERS

LICENSES AND PERMITS

I. Annual Liquor License Renewals (Hearing) :

COMMISSIONER WALUK moved the hearing be closed. Seconded by COMMISSIONER MC


LAUGHLIN and VOTED UNANIMOUSLY.

DBA Ownership DBA S# DBA Street


Class A
RumRunner IDC Rum Runner, Inc. 5 Marina Plaza Unit B

COMMISSIONER CONNOLLY recused herself.

COMMISSIONER WALUK moved the license renewal be approved subject to all existing
conditions. Seconded by COMMISSIONER MC LAUGHLIN and VOTED UNANIMOUSLY (6-0)

Class BT
41 Degrees North Forty I North, LLC 351 Thames 14, 16,20 Perry Mill Whf

COUNCILOR LEONARD recused herself.

COMMISSIONER WALUK moved the license renewal be approved subject to all existing
conditions. Seconded by COMMISSIONER MC LAUGHLIN and VOTED UNANIMOUSLY (6-0).

Class BT
Oceancliff Newport Time Resorts, Inc. 65 Ridge Road

Class BV
Belle Mer Belle Mer, Inc. 2Goat Island
Marina Cafe Marina Cafe, LLC 3Marina Plaza
Regatta Place, The Goat Island Grille, Inc. 5 Goat Island

COUNCILOR CONNOLLY recused herself.

COMMISSIONER WALUK moved the license renewals be approved subject to all existing
conditions. Seconded by COMMISSIONER COYNE and VOTED UNANIMOUSLY (6-0).

Class D
Ancient Order of Ancient Order of
Hibernians Hibernians Division # I 2 Wellington Ave.

COUNCILORS CONNOLLY and DUNCAN recused themselves.


MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 9

COMMISSIONER WALUK moved the license renewal be approved subject to all existing
conditions. Seconded by COMMISSIONER COYNE and VOTED UNANIMOUSLY (5-0).

Columbus Club Columbus Club of Newport RI, Inc. 60 Halsey St.

COUNCILOR DUNCAN recused himself.

COMMISSIONER WALUK moved the license renewal be approved subject to all existing
conditions. Seconded by COMMISSIONER COYNE and VOTED UNANIMOUSLY (6-0).

2. Annual Liquor License Renewals (Hearing) (Listed at end of docket)

COUNCILOR WALUK moved the hearings be closed. Seconded by COUNCILOR MC


LAUGHLIN and VOTED UNANIMOUSLY.

COUNCILOR WALUK moved the license renewal of Newport Tokyo House Sushi & Hibachi, Inc.,
be approved subject to all existing conditions, with COUNCILOR COYNE recusing himself.
Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

COMMISSIONER WALUK moved the license renewal of The Pier Newport, LLC, be approved
subject to all existing conditions, with COMMISSIONER LEONARD recusing herself. Seconded by
COMMISSIONER CONNOLLY.

EVAN LEVISS, ESQ., representing J Class Management, said he would like the same argument
against the granting of the victualing license be included with the granting of the liquor license.

The motion to approved was VOTED UNANIMOUSLY (6-0)

COMMISSIONEROR WALUK moved the remaining liquor licenses on the list be approved subject
to all existing conditions. Seconded by COMMISSIONER COYNE and VOTED UNANIMOUSLY.

3. Application of Newport Tokyo House Sushi & Hibachi, Inc., 6-10 Equality Park Place, to
transfer its Class BL alcoholic beverage license to J & A Tokyo House, LLC, d/b/a Newport
Tokyo House Sushi & Hibachi, for the same premises. (Hearing)

COMMISSIONER COYNE recused himself.

COMMISSIONER WALUK moved the hearing be closed and the license transfer approved subject to
all existing conditions. Seconded by COMMISSIONER CONNOLLY and VOTED
UNANIMOUSLY.

7:44 p.m. COMMISSIONER WALUK moved the Board adjourn and reconvene as Council.
Seconded by COMMISSIONER COYNE and VOTED UNANIMOUSLY.

Kathleen M. Silvia
City Clerk
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 10

Victualing Renewals 20 I0 Non-Liquor


DBA Ownership DBA S# DBA Street
7-Eleven #23880 Muhammad Tariq Rashid 29 Memorial Blvd
7-Eleven 25854-0 Muhamad Tariq Rashid 135 JT Connell Hgwy.
7-Eleven 32508 B KashifSiddiqui 95 Broadway
A Little Cafe A Little Cafe, LLC 27 Connell Hgwy.
A Little Cafe Two Go Kelle O'Connor 23 Americas Cup Ave.
A Market Newport Nutrition House Inc. 181 Bellevue Ave.
A-I Pizza Carrissalex, Inc. 306 Broadway
Aloha Cafe Seamen's Church Institute 18 Market SQ
Ash Mart Ash Mart Inc 2 Carroll Ave.
Bagel Boys Bagel Barn, Inc. 178 Connell Hgwy.
Bamboo Bamboo Restaurant Inc. 163 Connel1 Hgwy.
Belle's American Shipyard Co., LLC aka Newport Shipyard 1 Washington St.
Ben & Jerris Dockside Scoops, LLC 359 Thames St., Unit C
Ben & Jerry's Dockside Scoops, LLC 33 Bannister's Wharf
Ben's Chili Dogs Ben's Chili Dogs, LLC 158 Broadway
Bishop's 4th Street Diner Bishops 4th Street Diner, Inc. 184 Admiral Kalbfus Rd.
Bliss Natural Grocer and Cafe Bliss Natural Grocer and Cafe, Inc. 311 Broadway
Blue Rocks Catering Blue Rocks Catering, LLC 7 Carroll Ave.
Cafe Bellevue Sharon Goetz III Bellevue Ave.
Canteen @ CCRI Newport Compass Two LLC 16613 I JohnH.ChafeeBlvd.
China Star III Bao Jian Chen 110 WilIiamSt.
Cilantro Mexican· Grill CMG Newport, LLC 163 Connell Hgwy.
Coffee Grinder, The Clarke Cooke, Inc. 33 Bannister's Wharf
Colonial Restaurant Ducket's, Inc. 175 Memorial Blvd.
Cookie Jar Company Cookie Jar Co, The 29 Bowen's Wharf
Corner Cafe, The FitzSimoes LLC 110 Broadway #3A
Cumberland Farms #1150 Cumberland Farms, Inc. 125 Broadway
Cupcake Charlie's Cupcake Charlie's, LLC 135 Swinburne Row
Dunkin Donuts Broadway Donuts, Inc. 137 Broadway
Dunkin Donuts Aquidneck Donuts, Inc. 7 Memorial Blvd.
Dunkin Donuts Aquidneck Donuts, Inc. 194 Connell Hgwy.
Dunkin Donuts TECS Donuts Inc 199 Connell Hgwy.
Empire Tea & Coffee Newport Bubble Tea LLC 22 Broadway
Espresso Yourself Cafe Vienna Coffee Company 337 Thames St.
Firehouse Pizza H VR, Inc. 595 Thames St.
Five Guys Burgers Ocean State Five, LLC 199 Connell Hwy Unit 14
Franklin Spa Franklin Spa, Inc. 229 Spring St.
Goodie's by the Sea Goodie's by the Sea, LLC 22 Long Wharf Mall South
Handy Lunch Gary Hooks 460 Thames St.
Hooley Boardroom Hooley Worldwide Inc. I Casino Ter.
Hungry Monkey, The Monkey Business, LLC 124 Broadway
Hurricane Hut David Kilroy 31 Bowen's Wharf
It's My Party Bake Shoppe Amanda Bryan 84 William Street
JD Convenience Shivam, Inc. 202 Thames St.
Jonathan's Ocean Coffee Roasters JNRLLC 22 Washington Sq.
Juicy Cheesey Burger & Hot Dog Thames Street Burger, Inc. 404 Thames St.
K & K Food Mart Abdul~Qudoos Khan 10 Connell Hgwy
Katrina's Bakery Katrina's, Inc. 1 Casino Terrace
KC'S Cafe Inc. KC'S Cafe Inc. 283 Broadway
Kilwints Chocolates & Ice Cream Sailor's Sweet Tooth, Inc, The 262 Thames St.
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 11

DBA Ownership DBAS# DBA Street

Kio's Asian Stir White Pearl, Inc. 82 Broadway


Ie Petit Oounnet Le Petit Gourmet, LLC 26 Bellevue Avenue
Lemon Corner II Longade, LLC 337 Thames S1. Unit 16
Long Wharf Seafood Long Wharf Seafood, Inc. 17 Connell Hwy
Lucia Italian RestaurantIPizza Lucia North Italian Restaurant Brio, Inc. 186 Thames ST #B
Mad Hatter Bakery Audra Lalli 64 Broadway
Ma's Donuts and More Leite Donuts, Tnc. 138 ConneU Hwy
Mel's Lunch Mel's Lunch, Tnc. 25 Broadway
New Good Friend Chinese Restaurant Che Wen Zhang 137 Connell Hgwy
Newport Chocolates Newport Chocolates Inc 82 William S1.
Newport Cookie Company Newport Cookie Company, LLC 4 Spring Wharf
Newport Creamery Newport Creamery, LLC 181 Bellevue Ave.
Newport Fruit & Smoothie Co. Newport Fruit & Smoothie Company, LLC 19 Bowen's Wf
Newport Fudgery Fudgery, Inc., The 168 Thames S1.
Newport Fudgery Fudgery, Inc., The 359 Thames S1.
Newport Xtra Mart Drake Petroleum Co., Inc. 27 Memorial Blvd
Ocean Breeze Cafe Ocean Breeze Cafe, Inc. 580 Thames S1.
Ocean Side Catering & Cafe Ocean Side Catering, Tnc. 66 Broadway
Pancra Bread Howley Bread Group, Ltd. 49 Long Wharf Mall
Panini Grill Bartlebe, Inc. 186 Thames S1.
Peaceable Market Peaceable Market, LLC 520 Thames S1.
Pizza Hollywood VVSI Inc. 397 Thames S1.
Pizza Hut #613008 MITA Enterprises of Rhode Island, LLC 202 Connell Hwy
Popls Italian Ice Pop's Italian Ice, -LLC 8 Fair S1.
Portabella Portabella Restaurant of Newport, Inc. 136 Broadway
Queenie's Cakes and Confections Queenie's Cakes and Confections LLC 198 Thames S1.
RODzin Pizza Pereira Pizza, Inc. 88 Broadway
SAPO Burritos Sapora Newport, LLC 16 Broadway
Sodexo Services Cliff Walk Cafe Sodexo Operations LLC 36 Ochre Point Avenue
Sodexo Services Global Cafe Sodexo Operations LLC 51 Lawrence Ave
Sodexo Services Miley Cafe Sodexo Operations LLC 7 Ochre Point Ave.
Spark Spark LLC 12 Broadway
Spring Seasons Inn, Inc. Tea Room Susan Farrell 86 Spring S1.
Spring Street Espresso JM Espresso Inc. 382 Spring S1.
Sprinkles Ice Cream Mackinnon Enterprises, Inc. 9 Bowens Wharf
Starbucks Coffee # 7229 Starbucks Coffee Company 212 Thames S1.
Stop & Shop Supermarket #70 I Stop & Shop Supermarket Co, The 250 Bellevue Ave.
Subway RySav Inc. 129 Swinburne Row
Subway Newport Subway Newport, Inc. 188 Connell Hwy
Sumo Sushi Sumo Sushi, Inc. 198 Thames S1.
Super Stop and Shop Stop and Shop Supermarket, The 199 Connell Hwy
Susbi-Go! Tsunami Enterprises LLC 215 Goddard RW
Tea on Thames Cannella 1. Gardner 221 Goddard Row
Via Via II 3M&J, Inc. 372 Thames S1.

Change of D/B/A

Casa Nostra (new) Chicken on Fire (old) Mohamed Badr 266 Bellevue Ave.
People's Cafe (new) Welcome in Cafe (old) Vivienne O'Dwyer 282 Thames S1.
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13, 2010
Page 12

Extended Hours 2010


DBA OWllership Hours ofOperatioll Extellded Hours
7-Eleven #23880 Muhammad Tariq Rashid 2am-Bam

7-Eleven 25854-D Muhamad Tariq Rashid 24 Hours

7-Eleven 32508 B Kashif Siddiqui 2am-8am

Bishop's 4th Street Diner Bishops 4th Street Diner, Inc. 5am-Bam

Cumberland Farms #1150 Cumberland Farms, Inc. 24 hours

Dunkin Donuts Aquidneck Donuts, Inc. 5am-Bam

Dunkin Donuts Broadway Donuts, Inc. 5am-Bam

Dunkin Donuts Aquidneck Donuts, Inc. 5am-8arn

Handy Lunch Gary Hooks 5am to Bam


Hungry Monkey, The Monkey Business, LLC 5:30 am- 6 am

Hyatt Regency Newport DHC Food & Beverage Corporation 2:00am-2am to Bam

Ma's Donuts and More Leite Donuts, Inc. 2am-Bam

Newport Xtra Mart Drake Petroleum Co., Inc. 2am-8am

Super Stop and Shop Stop and Shop Supermarket. The 2am-Bam

Victualing Renewals for LIQUOR Establishments 2010-2011


DBA Ownership DBAS# DBA Street
@TheDeck @ The Deck, LLC 1 Waite's Wharf
22 Bowen's Wine Bar and Grille 22 Bowen's Wine Bar and Grille, LLC 22 Bowen's Wharf
99 Restaurant and Pub 99 West, Inc. 199 Conncll Hgwy.
AREA Unity3, LLC
Asterisk A&O, Inc. 599 Thames St.
Barking Crab Restaurant, The The Barking Crab Newport, LLC 151 Swinburne Row
Billy Goode's Billy Goode Company, Inc. 29 Marlborough St.
Black Pearl, The N T Corporation Bannister's Wharf
Boat Dockside, The Waite's Wharf Grille LLC 25 Waite's Wharf#A
Brick Alley Pub & Reslaurant Plumb, Inc. 140 Thames 8t.
Buskers Pale, LLC The 178 Thames 8t.
Cafe Zelda Rudder, Inc. 528 Thames 8t.
Cafe, The Club 200, Inc. 200 Broadway
Canfield House, The GAMAS,LTD 5 Memorial Blvd.
Castle Hill Inn and Resort Castle Hill, Inc. 590 Ocean Ave.
Celtica Celtica, LLC 95 Long Wharf
Chanler at Cliff Walk, The Chanler, Inc., The 117 Memorial Blvd.
Clarke Cooke House, Cooke House, Candy Clarke Cooke House, LLC 26 Bannister's Wharf
Colonial Tavern Colonial Tavern, Inc. 18 Broadway
Diego's Diego's Newport, LLC II Bowen's Wharf
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 13
DBA Ownership DBAS# DBA Street
Fastnet, The Fastnet, Inc. 1 Broadway
Fifth Element, The 2paddysandacanuck LLC 107. Broadway
Fluke Wine Bar & Kitchen Partner's In Wine, Inc. 41 Bowen's Wharf
Gas Lamp Grille, The BMT,LLC 206 Thames S1.
Griswold's Tavern Griswold's, Inc. 103 Bellevue Ave.
H20 Vader, LLC 359 Thames S1.
Hillside Cafe Hillside & Cappy, Inc. 8 Memorial Blvd West
Hotel Viking LaSalle Hotel Lessee, Inc. 1 Bellevue Ave.
Hyatt Regency Newport DHC Food & Beverage Corporation 1 Goat Island
Jimmy's Saloon Memorial Boulevard Associates, Inc. 37 Memorial Blvd.
La Forge Casino Restaurant La Forge Casino Restaurant, Inc. 186 Bellevue Ave.
Landing, The Newport Waterfront Landing, Inc. 30 Bowen's WF
Mainstay Inn Mainstay Inn, LTD, The 151 Admiral Kalbfus Rd.
Mama Leones JR Pizza Corporation 150 Connell Hgwy.
Mamma Luisa Italian Restaurant Mama Luisa, Inc. 673 Thames S1.
Mooring Seafood Kitchen & Bar, The Mooring LTD, The 2 Sayer's WF
Mudviiie Pub Great Pub, LLC 8 West Marlborough S1.
Newport Blues Cafe Tri Group, LLC 286 Thames S1.
Newport Grand Newport Grand, LLC ISO Admiral Kalbfus Rd.
Newport Marriott Hotel Marriott Hotel Services, Inc. 25 America's Cup Ave.
Newport Playhouse & Cabaret Restaurant Newport Playhouse & Cabaret Restaurant 102 Connett Hwy
Newport Tokyo House Sushi & Hibachi Newport Tokyo House Sushi & Hibachi, Inc. 6 Equality PK
Newport Yachting Center Historic Wharves Associates, Inc. Commercial Wharf
Nikolas Pizza Nick's Fine Foods, Inc. 38 Memorial Blvd West
Norey's NDC Enterprises, LLC 156 Broadway
O'Brien's Pub Five Tempus LTD 50 I Thames S1.
One Eighty NWPT, Inc. 8 Broadway
One Peiham East & Studio 3 Brownstone, Inc. 270 Thames Sf.
Pasta Beach Pasta Beach LLC 7 Memorial Blvd
Perro Salado Kelkery Food and Spirits, Inc. 19 Charles ST
Picr 49 Seafood & Spirits Shamer Rhode Island LLC 49 America's Cup AV
Pier, The Pier of Newport, LLC, The West Howard WF
Poor Richard's-Benjamins Mennaids Newport, LLC 254 Thames S1.
POP POB,LLC 162 Broadway
Pour Judgement MBKLLC 32 Broadway
Puerini's Italian Specialties Puerini's Italian Specialties, Inc. 24 Memorial Blvd West
Red Parrot Restaurant, The Red Parrot, Inc., The 348 Thames S1.
Restaurant Bouchard Restaurant Bouchard, Inc. 505 Thames S1.
Rhino Bar & Griiie and Mamba Room, The Jl:! Enterprises, Inc. 337 Thames S1.
Rhode Island Quahog Company R I Quahog Co.pany Restaurants, LLC By Receiver 250 Thames S1.
Rhumbline Restaurant 62 Bridge Street, LLC 62 Bridge ST
Riptides Dockside North, LLC 25 Waite's WF #B
Salas' Tropical Restaurant, Inc. 341 Thames S1.
Salvation Cafe Salvation Cafe, Inc. 140 Broadway
Sambar MACH,LLC 515 Thames Street
Sardella's Restaurant S S R Corporation 30 Memorial Blvd West
Scales & Shells BKA Industries, Inc. 527 Thames S1.
Smokehouse Cafe Mooring LTD, The 31 Scott's WF
StarBar Bistro Ella Terrace, Inc. 212 Thames S1.
Tallulah on Thames Tallulah, LLC 464 Thames S1.
Thai Cuisine Thames Street Thai Cuisine LLC 517 Thames S1.
Tucker's Bistro Tucker's Bistro, Inc. 150 Broadway
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 14
DBA Ownership DBA S# DBA Street

Vanderbilt Hall Vanderbilt Hall, LLC 41 Mary St.


WharfPub and Restaurant. The RJJ Deli, Inc. 37 Bowen's WF
White Horse Tavern Lecade Investments, LLC 26 Marlborough St.
Yesterday's - Newport Yesterday's ~ Newport, Inc. 28 Washington Sq.

Liquor Licenses by Class of Liquor


Class A
DBA Ownership Street Location

Andrew's Liquors JACE Enterprises, Inc. 493 Broadway


Bellevue Wine & Spirits Bellevue Wine & Spirits LLC 181 Bellevue Ave.
Bridge Liquors KRG Enterprises, Inc. 23 Connell Hgwy.
Bucci Combination Store Bucci Combination Store LLC Thames St.
Downtown Liquors Shiva Corporation Cottons a.
Fifth Ward Liquor Fifth Ward Liquor, Inc. 695 Thames St.
Harry's Liquor Store Harry S. KaranikoJas, Inc. 199 Connell Hgwy.
Island Liquors Newport Prescription Center, Inc. 291 Broadway
Newport Wine Cellar Newport Wine Cellar, LLC 24 Bellevue Ave.
Rex Liquors Hoan, Inc. 126 Broadway
Spring Street Spirits Slippery Slope Spirits, LLC 137 Spring St.
Sully's Beer Wine & Liquor RA.K.E., Inc. 25 Bliss Rd.
Vickers' Liquors Vickers' Liquors LLC 274 Bellevue Ave.
Wellington Square Liquors Amor, Inc. 580 Thames St.

Class BH
DBA Ownership Street Location
Cliffside Inn Target Two, Inc. 2 Seaview Ave.

Class BL
DBA Ownership Street Location
AREA Unity3, LLC
Mama Leones JR Pizza Corporation 150 Connell Hgwy.
Mamma Luisa Italian Restaurant Mama Luisa, Inc. 673 Thames St.
Newport Tokyo House Sushi & Hibachi Newport Tokyo House Sushi & Hibachi, Inc. 6 Equality PK
Nikolas Pizza Nick's Fine Foods, Inc. 38 Memorial Blvd West
Norey's NDC Enterprises, LLC 156 Broadway
Puerini's Italian Specialties Puerini's Italian Specialties, Inc. 24 Memorial Blvd West
Tallulah on Thames Tallulah, LLC 464 Thames St.
Thai Cuisine Thames Street Thai Cuisine LLC 517 Thames St.

Wharf Pub and Restaurant, The RJJ Deli, Inc. 37 Bowen's WF


MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 15
Class BT
DBA Ownership Street Location

Castle Hill Inn and Resort Castle Hill, Inc. 590 Ocean Ave.
Chanler at Cliff Walk, The Chanter, Inc., The 117 Memorial Blvd.
H20 Vader, LLC 359 Thames 8t.
Hotel Viking LaSalle Hotel Lessee, Inc. Bellevue Ave.
Hyatt Regency Newport DHC Food & Beverage Corporation Goat Island
Mainstay Inn Mainstay Inn, LTD, The 151 Admiral Kalbfus Rd.
Newport Marriott Hotel Marriott Hotel Services, Inc. 25 America's Cup Ave.
Pier 49 Seafood & Spirits Shamer Rhode Island LLC 49 America's Cup AV
Rhino Bar & Grille and Mamba Room, The JH Enterprises, Inc. 337 Thames Sf.
Vanderbilt Hall Vanderbilt Hall, LLC 41 MarySt.

Class BV
DBA Ownership Street Location

@TheDeck @ The Deck, LLC Waite's Wharf


22 Bowen's Wine Bar and Grille 22 Bowen's Wine Bar and Grille, LLC 22 Bowen's Wharf
99 Restaurant and Pub 99 West, Inc. 199 Connell Hgwy.
Asterisk A&O, Inc. 599 Thames St.
Barking Crab Restaurant, The The Barking Crab Newport, LLC 151 Swinburne Row
Billy Goode's Billy Goode Company, Inc. 29 Marlborough St.
Black Pearl, The N T Corporation Bannister's Wharf
Boat Dockside, The Waite's Wharf Grille LLC 25 Waite's Wharf#A
Brick Alley Pub & Restaurant Plumb, Inc. 140 Thames St.
Buskers Pale, LLC The 178 Thames St.
Cafe Zelda Rudder, Inc. 528 Thames St.
Cafe, The Club 200, Inc. 200 Broadway
Canfield House, The GAMAS,LTD 5 Memorial Blvd.
Celtica Celtica, LLC 95 Long Wharf
Clarke Cooke House, Cooke House, Candy Clarke Cooke House, LLC 26 Bannister's Wharf
Colonial Tavern Colonial Tavern, Inc. 18 Broadway
Diego's Diego's Newport, LLC II Bowen's Wharf
Fastnet, The Fastnet, Inc. I Broadway
Fifth Element, The 2paddysandacanuck LLC 107 Broadway
Fluke Wine Bar & Kitchen Partner's In Wine, Inc. 41 Bowen's Wharf
Gas Lamp Grille, The BMT, LLC 206 Thames St.
Griswold's Tavern Griswold's, Inc. 103 Bellevue Ave.
Hillside Cafe Hillside & Cappy, Inc. 8 Memorial Blvd West
Jimmy's Saloon Memorial Boulevard Associates, Inc. 37 Memorial Blvd.
La Forge Casino Restaurant La Forge Casino Restaurant, Inc. 186 Bellevue Ave.
Landing, The Newport Waterfront Landing, Inc. 30 Bowen's WF
Mooring Seafood Kitchen & Bar, The Mooring LTD, The 2 Sayer's WF
Mudville Pub Great Pub, LLC 8 West Marlborough St.

DBA Ownership Street Location


MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 16
Newport Blues Cafe Tei Group, LLC 286 Thames St.
Newport Grand Newport Grand, LLC ISO Admiral Kalbfus Rd.
Newport Playhouse & Cabaret Restaurant Newport Playhouse & Cabaret Restaurant 102 Connell Hwy
O'Brien's Pub Five Tempus LTD SOl Thames St.
One Eighty NWPT, Inc. 8 Broadway
One Pelham East & Studio 3 Brownstone, Inc. 270 Thames St.
Pasta Beach Pasta Beach LLC 7 Memorial Blvd
Perro Salado Kelkery Food and Spirits, Inc. 19 Charles ST
Pier, The Pier of Newport, LLC, The West Howard WF
Poor Richard's-Benjamins Mennaids Newport, LLC 254 Thames St.
POP POB,LLC 162 Broadway
Pour Judgement MBKLLC 32 Broadway
Red Parrot Restaurant, The Red Parrot, Inc., The 348 Thames S1.
Restaurant Bouchard Restaurant Bouchard, Inc. 505 Thames S1.
Rhode Island Quahog Company Rhode Island Quahog Co.Restaurants, by Receiver 250 Thames S1.
Rhumbline Restaurant 62 Bridge Street, LLC 62 Bridge ST
Riptides Dockside North, LLC 25 Waite's WF #B
Salas' Tropical Restaurant, Inc. 341 Thames St.
Sambar MACH,LLC SIS Thames Street
Sardella's Restaurant S S R Corporation 30 Memorial Blvd West
Scales & Shells BKA Industries, Inc. 527 Thames S1.
Smokehouse Cafe Mooring LTD, The 31 Scott's WF
StarBar Bistro Ella Terrace, Inc. 212 Thames S1.
Tucker's Bistro Tucker's Bistro, Inc. ISO Broadway
Yesterday's - Newport Yesterday's ~ Newport, Inc. 28 Washington Sq.

Class C
DBA Ownership Street Location

Salvation Cafe Salvation Cafe, Inc. 140 Broadway

Class D
DBA Ownership Street Location
Bailey's Beach Spouting Rock Beach Association 34 Ocean Ave.
Elk's Club Newport Lodge # I04 Benevolent & Protective 141 Pelham S1.
Friendly Sons of Newport Social Club Friendly Sons of Newport Social Club, Inc. 3 Farewell St
Ida Lewis Yacht Club Ida Lewis Yacht Club Lime Rock Wellington AV
M

Irish American Athletic Club Irish American Athletic Club 642 Thames S1.
Kerry Hill Club, The Oak Street Partnership, Inc. IS Oak St.
New Portuguese Benefit Association Portuguese Benefit Association Vasco Da Gama 15 Fenner Ave.
New York Yacht Club Harbour Court New York Yacht Club Harbour Court - 5 Halidon
Newport Country Club Newport Country Club 280 Harrison Ave.
Newport Reading Room Newport Reading Room 29 Bellevue Ave.

DBA Ownership DBAS# DBA Street


Newport Sportsmans Club, The NSC, Inc. 110 Connell Hwy
MINUTES OF THE COUNCIL MEETING
HELD OCTOBER 13,2010
Page 17
Newport Yacht Club Newport Yacht Club City Wharf - Long Wharf
Protective Club Protective Club, The 596 Thames St.
Pyramid Club Pyramid Club 30 Dr. Marcus Wheatland Blvd
Thames Street International Yacht & Thames ST Int'l Yacht & Athletic Club 536 Thames S1.

Class E
DBA Ownership Street Location

Newport Prescription Center Newport Prescription Center, Inc. 289 Broadway

Class J
DBA Ownership Street Location

Newport Yachting Center Historic Wharves Associates, Inc. Commercial Wharf

Class K
DBA Ownership Street Location

White Horse Tavern Lecade Investments, LLC 26 Marlborough 81.


EVENT TITLEITYPE: Fall Concert and reception featuring Daniel del Pi no,
oianist and the Iberia Quartet

LOCATION OF EVENT:
Ochre Court, Salve Regina University

Date(s) of Event: November 17, 2010

Hours of Event: 5:30 to 8:00p.m.

Holder of Event & DBA: Rhode Island Arts Foundation at Newport, Inc.
New ort Music F

Signature ofHolder of Event: I }'1"i .u.1L./M ~eJ..-


Printed Name: I Mark Ma1kovich Title: IGenera1 Manager

Address of Holder of Event: Ipo Box 3300, Newport, RI 02840

Business Telephone: 1401-846-1133 Residence Telephone: 1401-835-1973

Is Organization Non-Profit? I YES Is Organization Religious? I'--'w""o<-.__-'


Is there a charge for admission? IYES II
Is event to be on City, State, or Private Property? -"N,"O~ ---J

Name of Property Owner of Event Site: l_s_a_1_V_e_lIe_g_~_'n_a_u_n_i_v_e_r_s_i_ty --'

Signature of Property Owner: IL.:...:.::..=.::..:::..::....::..:..::.=.:==-=-


Contract available --'

Printed Name of Property owner:1 S 1 .


University
. a ve Reg~na

'-:===================~
I
Will Event be Indoors or Outdoors? Indoors
(Include Plan) _.- - - - - - - - - - - - - - - - - - - - -
EVENTHOLDERRhode Island Arts Foundation at Newport, Inc.
APPLICATION FOR A SPECIAL EVENT LICENSE (Newport Music Festival)
(Page 2)

If Outdoors, will toilet facilities be pro~V~id::e:.::d~? -'======~ ---..,


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

Will a tent be erected? COpy OF TENT PERMIT MUST BE ATTACHED.


(Include on plan)

Expected Attendance: 1100


Seating Capacity: 1_2 _5 o_-;:::====
Is parking available: I Yes For how many vehicles? 1...
1... 0"'-0+"--_ _

CONCERT I-,Y~E""s_.....J Is staging or platform required? I~N""O,--_I Amplification? I-'N"'O'----'

List types of musical instruments:


!Piano, cello, violin, viola

DANCE I-'N""O'----' DEEJAY IUlN""O_ _ Amplification: I--"I'NO"-- _

~PORTING EVENT I NO Type: I


Set-up Dates (Sporting events only): 1 ~-=================~
-'

PLAY IWN!.J,IO~---J If yes, what type:

CARNIVAL I..
N _O_--, CIRCUS NO Will there be animals? I NO

~---=~------=~-----,
If yes, types of animals:

SHOW OR EXHffiITION: I Type: I NO

OTIlER (describe) I~-===-~-'=================~


------;:::::=================
Are required approvals attached, e.g., State, Recreation Dept.? I.J.lNCi.(<1A _

Is a street closing being requested? I.J.lN.:.;.o _

Will food be prepared on the premises? I~:NO==~------J


If so, is Health Dept. Inspection Approval attached? II-__ .....J
EYENTHOLDER Rhode Island Arts Foundation at Newport, Inc.
APPLICATION FOR A SPECIAL EVENT LICENSE (Newport Music Festival)
(Page 3)

Will LIQUOR be served? Wine onl y

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

Ifnot, will another's license be used?

If so, whose? 1 _

Will there be gambling, e.g., bingo, raffle, etc.? IL_N_O_..J Do you have State Police Approval? 1,-__

List Names ofyendors Item to be Furnished


N/A

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?


r--~--===~---
Location from where fireworks will be shot:

Time fireworks will begin: I Duration: 1 _

NOTE: Iffireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for pollee
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 foUowing day.)

SPECIFIC ROUTE:
City of Newport, Rhode Island OCT 1 8 'J
APPUCATION FOR A SPECIAL EVENT LICENSE !D -'
:1\-' 13.1L (.<!j ,(6; T
DATE: ------<-10,,-,-1-<-/ ?f". .L.~.L-"/b, -· _

EVENTY TITLE/TYPE:

LOCATION OF EVENT:

,Date(s) ofEvent: HOlliS: I '7-tDmvV


Holder of Event & DBA:

, Signature of Holder of Event: l'~< y4;ua.e.<~} , J


Printed Name:'1 51\'. ncl m 5(' It:A\c./O Title: TlI,:-C Ct"I n:.
Address of Holder of Event: 10 I :P l 1""1 'J
(J,.pI,), {V.J: 0

Organizer's Signature:1 I.
, "~.-r--e+
" ' -/'Z.<t J7
~,.g,Q...
~, I'
'
Printed Name: .1
,
!t:JCCHlI
1 I ~?
-c. b. Co h;
f( Title: I~':bl,n
,~,
"£~ , I
;l, go Qd)o' ",:(Y'\ fUi I
Address of Event Organizer:
I~\rJ=l1-:::I<=Ii'=:n::::~~"'='l.~,--==rV~1,--~O"",.l-,,'8"-·.L7
J U.:>. d

<:1" 1 -;::=;:========'
Business Telephone: Glo i) ') '-II d{7o&' Residence Telephone~,-:,-,78",-,,3,---·,1~-IRJ....:::.D 1

Is Organization Non-Profit? JfEb- Is Organization :Religious?Ald-ls there an Admission Charge: lJo

Is event to be on City, State, or Private Property? 12,,J-'00i 'l),'6.zt:" C1fq., 'j1i8l."F'5 I


Name of Property Owner of Event Site: I_-..>Jw;z..·"-:1Y"'--'-~--""¥"-"fiF--",---------_---_----
-,-"""",!

Signature of Property Owner: I I


Printed Name of Property Owner:
~====================I,

Will Event be Indoors or Outdoors?


(Include plan if outdoors) _'.L3.;.c.;;'th;..:' ~ I
EVENT HOLDER
APPLICATIO"--N=-F=-OC-::R:-A"'--S-=-PE-=-C-I=-AC-::_L-:E=VC::EN-=-'
C::T=-=-UC-::C=E=-N=SE
(Page 2)

If Outdoors, will toilet facilities be provided? lllkt- _


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

Will a tent be erected? COpy OF TENT PERi'WIT MUST BE ATTACHED.


(Include on plan)

Expected Attendance:" Seating Capacity: 1'- _


Is parking available: For how many vehicles?

CONCERT I)J lit Is staging or platform required? I-,v=...=.o_--J Amplification? 1 -'1


List types of musical instruments:

DANCE po I DEEJAY I OJD Amplification: 1 _

SPORTING EVENT 1-,':...../-0-.:.-_


Set-up Dates (Sporting events only):

PLAY I1JQ If yes, what type:

CARNIVAL I Iv () CIRCUS WiII there be animals? 1 _

If yes, types of animals:

SHOW OR EXHIBITION: I}J D Type: 1_" _

OTHER (describe) ',-" _

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
(Pagd)

Will LIQUOR be served? I AJD


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

If so, whose? 1 -.., _

Will there be gambling, e.g., bingo, raffle, etc.?·I-,,)),-o=--_ Do you have State Police Approval? 1 _

List Names of Vendors Item to be Furnished

l.J lit

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

FIREWORKS

Do you or the pyrotechnic have Newport Fire Marshal approval?

Location from where fireworks will be shot:

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

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

ROAD RACE, WALK-A-THON. ETC. On Roadway(s) [~ On Sidewalk(s) c=J


Has notification been made to residents along tbe route? }Jew2ftl~
Have temporary signs been posted? (Signs must be removed'by the following day.)

SPECIFIC ROUTE: See tf~'fleJ> tn4f---------------


Christmas Run For


10k Run ·3.3 Mile Walk
y U C {.-Q.,/\

City on!ewport, RhoL Island


'8rt:Jt (V
APPUCATION FOR A SPECIAL EVENT LICENSE

DA1
VE:T:
E n
y-L. TL;-"'I()T.'-fL/-'-EI'1/L1:t-y!-'-p/E-~'-'I-.
----
/1 I; d tty 1;:Ir ,. r
12F1='p, . . Ii I'.
'~t 1 .:;o,·~
. ,.
I
.
~_-'---
f/7J /-
__
~
---'-_~·'''J...-.:i
~_
/ 72.S
lin

LOCATION OF EVENT: I. If '" J)e.A-1'" bot'III sf·


Date(s) ofEvent: BC9V. /9 4- 070 // () I Hours: Pt?~ -1p.;....
f

Holder of Event & DBA: I Eh "1 ('t-N 1/ e/ r!.I,'" I"C h I


. Signature of Holder of Event: I ~P<;".-J-#--~__~ . _~_'~
... :. J
Printed Name:·' I.;ff)fl/~· /-1;:11-'1'1'0 t/'e.- Title: f e "" ..'.< UJfJ-f'c/.,,-v I
Address of Holder of Event: I /.J.~ J)e111-,6'" rN ~. I
Organizer's Sign'ature: • t7 - -•
. //'/L/.UU,
I
Printed Name:

Address ofEvent Organizer: I 'l-1lJ ,4/M '1 ..:5/) IY j71'


Business Telephone: 1 1 Residence Telephone: I 7'1- 6 - 10 " 9
Is Organization Non-Profit? L - Is Organization Religious? ~ Is there an Admission Charge: M
Is event to be on City, State, or Private Property? ILl7}j'fl~~i-.R-~'f.I-~~=:..- _
Name ofPropelty Owner of Event Site: I EM;c? qt-/o/ t/f2-/ Ch", I-c. h

Signature of Property Owner: l---t&e~==e=:=•. ='=~!!-=~=================


=.

Printed Name of Property Owner: IL-_A_'/_I_,_'4_"'_ _-I/,_I'1_I'-_'7'_I'-_O_v_-4il- ----

Will Event be Indoors or Outdoors? I 1-;11 d 00;--5


(Include plan if outdoors) '-------------------------
EVENT HOLDER _
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)

If Outdoors, will toilet facilities be provided? I ~..........l


If so, location of toilet facilities:
(Include on plan)
I_~ -
Will a tent be erected?
(Include on plan)
I !Vol COPY OF TENT PERMIT MUST BE ATTACHED.

Expected Attendance: . I l.rO I Seating Capacity: 1L.--:/_t}_c- 1


Is parking available: U-=:'e.5=..-1 For how many vehicles? . I
1..$0 Itfrt""N
CONCERT l_tY(J..II<tI..........l Is staging or platform required? Ie-_- I Amplification? 1:-- _
List types of musical instruments:

I_ _~ ----
DANCE I . [Vol DEEJAY I A0 Amplification: 1 _

SPORTING EVENT I lYe) Type: I -


Set-up Dates (Sporting events only):

PLAY I IV&> I· If yes, what type: -


CARNIVAL Lffi CIRCUS Will there be animals? I 1M I
If yes, types of animals:
EVENT HOLDER
APPLICATION-::-=F-=-O-=-R-A~Sp-:E=-C=I-:A-::-L-=E=-V-=E:::-N=T:-:L=I-=-C=E:-:N=SE
(Page 3)

Will LIQUOR be served? I (110


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

Will there be gambling, e.g.; bingo, raffle, etc.?·1 fj/(J Do you have State Police Approval? 1 _

List Names of Vendors Item to be Furnished

Fo!" Retail Sales - Have you completed Ii "Promotel"'s Application FOI" Pel'mit to Operate Ii Show 01"
Event" with RI Division oCTaxation? (Contact No.: 222-2957)

FIREWORKS ;V 0
Do you or the pyrotechnic have Newport Fire Marshal approval? I
Location from where fireworks will be shot:
-
Time fireworks will begin: , ......J Duration: I' - - - - - - - - -
NOTE: If fil"eworks 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;Vo On Roadway(s) 'c;=] On Sidewalk(s) [;:=J


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

SPECIFIC ROUTE:
APPLICATION FOR CATERING LICENSE lOra-lllO .()oG(~
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT: Date /6 //2-//0
Date of Duration: <AVlI'\UC.i\.1
TT
Name of Business:SfX'Vl ~ LLC
ev~tV~V"
DBA: Spu./\ l_ OCT 1 3
Address of Business: Id- L
i.< ;

Standard f Fast Food _ Carry-Out _ Drive-In Confectioner TYPE:

1. Garbage Disposal: Dumpster ie:> Trash Receptacles o


a. Location I n (e.iN1 fXu~lu-'erJ()f-
b. Type/Odor Prevention CQI.)&\.eo
c. Weight per pickup
d. Number of Cans 1
e. Private Pickup Yes X No_ By Whom

2. ATTACH: Detailed site plan showing premises, interior, exterior, seating capacity, dumpster location and
parking area, where preparation of food takes place.; or initial & date here that plans are on file: SC C
3. Description and/or rendering of architecture to be used.
4. Detailed description of manner in which license is to be used. ~41-ten "'6 O'{.ost1 1..\ ,?n U'A:.tc (Kucrte s
5. Proposed Seating Capacity. Expanded Seating Capacity _
6. Parking Availability. Yes__ No_Location _ _Number of Cars
7. Is a liquor license (Class F or F-l) being applied for by the applicant? Yes__ No_ _

8. Estimated monetary investment involved $ 25:, 000 , Hours of Operation: f'- C\ W] to 2q m


9. Extended Hrs. of Operation _ _ to _ Current Victualing License No. FS V2(f ga-l
2 a.m. 6 a.m.

Days of Week Extended: _...:N-"-'O"-'-h""e"'- .,.....--==-- _


"101 By, Sv~_~ ''''''~'. N.~~:>,.·:---1.....:\..,::::.-----
Print Name: S VS::-tV) :!S,nnD
Owner's Address: I 0 R-n~ ·Ao(Ne~zf
Home Phone: . 8'0d ~ 11) 3S- Business Phone:

Filing fee: $15 m!lllu Date Paid: leJ."..-/


License fee: $200 Date Paid: _
!O~)7-/0
(
CITY OF NEWPORT, MODE ISLAND ., P~? 'J.J
The undersigned respectfully petitions the Honorable Council for a HOLIDAY LICENSE to allow retaii sales on tbe r&howing holidays: New
Year's Day, Memorial Day, Forn1h of July, Victory Day, Labor Day, Columbus Day, Veteran's Day, oton any day which any entuDerated holiday is
officially celebrated. No Holiday Lic.nse sban be issued and a retail business sball unt be open D""emb"r2S" ohny year or Tban!<sglving
Day, except pbarmacie., retan.Iores tbat prin<ipally sell food prodllcts and wbich employ rewer Iban six employ... per .hift al anyone
location. flow10r~ gal'den and garden aceensory shops, video stores, and bakeries. (RI General Law 5.23)

Application is made for: HOLIDAY SELLING LICENSE Date: !O~/J..- /0


LICENSE l1JURAUON:

BUSINESS OWNER:
(Individual, CorplLLC, etc.)
BUSINESS D/B/A:
BUSINESS LOCATION:
Owner/Representative:
Authorized Signature:
Owner's Home Address:
Business Telephone No.: Home Telephone No.: ~x lo\ol-"Yi lY-__
----_.._.-----
MAILING ADDRESS: (circi~ ollie) (a) Business lo~tio& @~~~~~~~€)rc) other (specify)

__ .~ __._.~.~--.- ..------t9_ Cli(LQ\'_._ls\\-e.. . ....__..__. .... _


E-Mail Address: ~~f\AflD.~.1Q2.ClaL.C~.---~~-
Th~ undersigned has been in business since (year): \.J~--

'''',,-." ":iP&~~ mfu, ~I, ,fWo fOIl_~"",~_~~SCJl~

TRANSFERS ONLY COMPLETE THIS SECTION


PREVIOUS BUSINESS (ownership): . .__. . .....__._._. ._ .. ......_...__.._ . __.... .

PREVIOUS BUSINESS DIE/A: ... . .._._.. _. ._.. _ .... ._....__ . ....._ ..__._
PREVIOUS BUSINESS ADDRESS: _ _ _.__ __. . .__.__.__.. ._ _..__. _
PREVIOUS OWNER'S SIGNATURE: __... _.__.__ _.__. . . .__. ._. .._._.._........ ....._ _. ....__ __ ~ ..__.

Fm~jg :I!'oo $15.010


K,l-cemse iF",,~ ~~:~O
II, ; . .'J

CITY OF NEWPORT, RHODE ISLAND


\
r~CTF- 7T2010
The undersigned respectfully petitions lhe Honorable Council for a HOLIDAY LICENSE to allow retail sal~s
on the foln:',\,in/holidays: New !
Year's Day, Memorial Day, FOUlth of July, Victory Day, Labor Day, Columbus Day, Veteran's Day, or on llPY gay wbich any enumerated holiday is'
officially celebrated. No Holiday Lic.nse sball be issued aud a retail bu.ine.. sbail not be open December 25th ofany year or 'I'banl"'lIlving
nay, except pharmmcles, retail.tor.. that principally .ell food products and wblch employ fewer tban six employee. per shift at tiny one
location, flower, garden and garden a..e.sory shop., video slore., and bnkerie.. (RI Geileral Law 5-23)

Application is made for: HOLIDAY SELLING LICENSE


LICENSE DURATION: April 1, 2:..0~{!.lQ.l-_through Mall"Ch 31, d-. (/11_
BUSINESS OWNER:
(Individual, CorpILLC, etc.)
BUSINESS DIB/A: C(6IJt2 CWO £DAb
BUSINESS LOCATION: -La:> .&'bMlellL.· ML3&S Zk. . _. _
Owner/Representative: /i1~ ~S
Authorized Siguature: ~ J,LJ;;. .~ Title: .1it>£:::..&s-...Q>.~ 1
Owner's Home Address: ;;5/ f!Df>!POS_ % c>C?t1e:£SE'7':.L':t:L DG27~
Business Telephone No.: Jp/'&/9 - tCil . Home Telephone ~o.: ..3DtL-..5C;7. ...Yc./L.

MAILING ADDRESS: (circRG! 04& (a} Business loeatiO@W::::;~ (c) other (specify)

J:2:_3' Li!.Y1f2:2 SS' --S.oA'?e s'E'T? 2dLQ9-- 2~ ._.__. . ._


E-Mail Address: .L!t-.idO:k~ ILee 1311J ~~_'t:: ~'-.t::.
-t!. uiUJ)/i£.S'C!-6IZ!£
The undersigned has been ill business since (year): ;J;ID .
Tb.1l business is principally engaged in the sale of the following types of goods: _cz;;eIi-(!(}.O_~OC'i';; _
,;Xi 1Ut:>":b1,y~_----C0f:;J12!l ."'-- h-M'i"t:P__ 7}_eFltS :.. _
--------------- - - -

TRANSFERS ONLY COMPLETE THIS SECTION


PREVIOUS BUSJNESS (ownership): .. . ..... . .. .... .....
PREVIOUS BUSTh.lESS DrB/A: . . .. ....._.__..._ .. . . ._. _
PREVIOUS BUSINESS ADDRESS: .... .__ ....__. .__. .__. . . . _
PREVIOUS OWNER'S SIGNATURE: . . __..__... .....__. . . . .__. .... _

FOR OFHC}~!DS'" .' i"lLV


DE!" ['sid t.o.:...?:!!!.-2:j!.. N~w _
Dat,) P,tkiL<2:...l':.u!.-<2 --;::J .
TOWN OF MIDDLETOWN
'fown Half S50 East Main Road -Middletown. RI Q2842

OFFICE OF THE TOWN AUMINISTRA'l'OR


Office (401) 849"2898 - Fax (401) 845-0400
Website: www.mlddletownrl.com
o.ctober 14, 2010

EdWard F. Lavallee
qllyManager
NewportOlty Hall
43 Broadway
Nev{port. RI 02840
Sqbjecl: Notlc~ of Intention to Undertake Certllin PermlltEld Aotlons - ProPerty looatedal
AI" 108, Lots 1 & 4,known as the "Kempenaar Valley"

Dear Ed.
TheTown of Middletown (Town) Is the owner of sqbJeot property, whloh Is encumbered by II
conservation easemehtheld by the State of Rhode Island (State). City of Newport (City), and
the Aqqldnfilok Lllnd Trust (ALT).

Plellse accept this letterasa,iNoticeof Intentlonto Undertake certain Permitted Aotlons" in


accordance with paragraph 5 of theoonservatlon easement.

It Is the Town's desire, In partnership With Ihe Rhode IslllndOepllrlment of Transportation


(RIDOr), 10 ul:lgradestormWater Infrastructure looateclon tM property, which presently supports
stormwllter flows from 80+ aOres of adjllcent properties,28+ of whlOhare ImpervlQUs. lQ Bailey
BrooK. Note thanha projectln.olUdes tMoonstruction. of a gravel Wetland vegetated treatment
system that malls\:lreS "$.2aores In size. to addrassanllntlolpated blletarlll total maximum daily
load (TMDL) restriction associated with the Brook. as well as the ourrent TMDLfor North
Easton's Pond phosphoro\:ls loading. This projfilclispermlttedasaresfilrved right undElr
paragrllph 4.0. of the conservation easement. I have enclosed the documen.ts listed below
Which providerelevanl projeot details.
• MemOrandum from Vanasse Hangen Srustnn. Ino. ('VHIa), Re:Stormwater
Management, Two Mile Corner, Middletown, RI,.datad AugU$t20, 2010 and revised
o.otober 7, 2010
• Drawing prepared by VHB, tilled Drainage & Utility OverviewPlan Alt2
• Fact sheet entitled "SUbsurface Gravel Wetland"
Paragraph 5. of the conservation easement provides the State, City, and ALTa sixty (60) day
period to grant or withhold approval of the Town's intended action. The Town is working with
RIDOT to secure grant moneys available from Rhode Island Department of Environmental
Management to fund this project, and requests that you act upon this notice within a thirty (30)
day period so we may adhere to the deadlines associated with this potential grant opportunity.

Please contact me with your questions. With best regards, I remain,

Cc: Joseph Dias, DEM


Elizabeth Dake, DEM
Anita Marshall, DOT
Kathleen Silvia, City Clerk, City of Newport
Julia Forgue, Director of Utilities, City of Newport

Enclosures (3)
Transportation
Land Development
Environmental
Services


10 Dorrance Street
Vanasse Hangen Brustlin, Tnc. Suite 400
Providence, RI 02903
401272 8100
FAX 4012739694
Memorandum To: R.I. Deparhnent of Transportation Date: August 20, 2010
Two Capitol Hill Revised October 7, 2010
Providence, Rhode Island
Pwject No.: 70511.00

From: Andrew Silvia Re: Stormwater Management


Christine Beaulieu-Shea, PE Two Mile Corner
Middletown, Rhode Island

1.0 Project History


According to a study funded by the Natural Resources Conservation Service "The highly urbanized
Bailey Brook Watershed has been ranked as having the highest water qualit1j risk ofthe eight subwatersheds
that comprise the Aquidneck Island Reservoir watersheds complex." According to the 2008 303(d) List,
TMDLs are proposed to be completed for Bailey Brook in 2012 for uses that do not support the AA
classification. These include Fish and Wildlife Habitat and Primary and Secondary Contact
Recreation. The Primary and Secondary Contact Recreation uses were not supported due to
excessive levels of Enterococcus bacteria. Additionally, the North Easton Pond, a water body to
which Bailey Brook is tributary and a drinking water source for the City of Newport, is also assigned
a TMDL due to excessive total phosphorus. The RIDOT and VHB met in March of 2009 and 2010 to
discuss potential options for mitigating contamination that enters Bailey Brook through the state-
owned drainage system. Pursuant to those meetings, RIDOT has contracted VHB to prepare
preliminary design analyses for those options deemed most effective at treating the target
contaminants named above. Those analyses are presented herein.
2.0 Existing Conditions

The Site is the watershed of the state-owned drainage system constructed in East Main Road (as it
exists between West Main Road and Bailey Brook) and the Town-owned drainage system
constructed in High Street in Middletown, Rhode Island. This area encompasses approximately 88.7
acres of private and municipal properties, and generally consists of land within 500 feet of West
Main Road and East Main Road, and land between West Main Road and High Street (See Figure 2).
The Site also includes area within the Aquidneck Plaza commercial development. Available records
for this plaza indicate that it was not designed to discharge storm water runoff to the state-owned
drainage system in East Main Road, but rather to an on-site storm water management system, and
ultimately to a series of off-Site detention basins.
The Site is located within Zone X (areas determined to be outside the SOO-year flood zone) as shown
on the FEMA Flood Insurance Rate Map for Middletown, Rhode Island Newport County Panel
Number 4400SC0093H dated AprilS, 2010. Surface cover within the Site is predominantly
impervious in the form of asphalt pavement and commercial and residential buildings. During
storm events, unl1'eated runoff sheds by sheet flow into the Town- and state-owned drainage
systems at various collection points (catch basins and drainage inlets) within the rights-of-way. The
Site generally slopes in a northerly direction within the West Main Road and High Street rights-of-

j:\70511\cacl\te\hi\plnnmisc\dralnage\lmc - expanded gravel wvts oplion\70511.(lO stormwalcr management memo_lOl007Jev.doc


Date: October 7, 2010 2
Project No.: 70511.00

way and easterly between the two, as well as easterly within the East Main Road right-of-way.
Existing conditions drainage patters are shown in Figure 2. Stormwater runoff generated within East
Main Road and West Main Road is discharged-untreated-at a closed drainage system outfall at
Bailey Brook; the remainder of Site runoff discharges to a series of detention basins on Town of
Middletown property.
3.0 Proposed Conditions

VHB considered several alternatives for intercepting and treating the stormwater collected within
the state-owned drainage system, particularly for removal of bacteria and phosphorus. The
following proposals were ultimately deemed unfeasible:

Best~anagernentPractice Why Unfeasible


In-line treatment within ROWs Limited space available due to presence ofpublic
utilities

Gravel wetland within traffic island Inefficient due to space limitations


at intersection ofWestfEast Main Road

LID practice at or near drainage outfall Land occupied by National Grid substation

Ultimately, two treatment methods were selected as a best-available means of treatment. First, runoff
captured in the storm drainage systems in West Main Road and High Street will be intercepted at
three points using diversion structures. The catchment area of the system prior to these points is
80.5± acres, including 28.3± acres of impervious surface. The stormwater intercepted at this point
will be conveyed through a new closed drainage system down Commercial Boulevard and High
Street and will discharge to a new gravel wet vegetated treatment system (WVTS) to be constructed
on vacant Town property. Gravel WVTSs consist of a bed of crushed stone constructed beneath a
shallow, surface ponding area. The gravel WVTS proposed at the Site will be sized in accordance
with the Rhode Island Department of Environmental Management's (RIDEM) Final Draft
Stormwater Regulations' to accommodate (treat) a water quality volume equal to 1 inch of runoff
from all contribuliug impervious surface. Gravel WVTSs designed in accordance with RIDEM
regulations are assumed to remove 30% of Total Phosphorus, 85% of Total Suspended Solids, and
60% of pathogens from incoming stormwater.

The second treatment system will be located at the northeast corner of the Aquidneck Plaza. At
present, this area contains a series of three raised landscape islands. Stormwater from a 2,7±-acre
area of the Aquidneck Plaza will be directed to these landscape areas and the landscape areas
converted to series of bioretention gardens. Bioretention gardens manage and treat stormwater
runoff using a conditioned planting soil bed and planting materials to filter runoff stored within a
shallow depression. The system consists of a flow regulation structure, a pretreatment grass filter
strip, a sand bed, a shallow ponding area, a surface organic layer of mulch, a planting soil bed, plant
material, an underdrain system, and an overflow drain. The vegetation in a rain garden serves to
filter and transpire runoff, improving water quality and reducing runoff quantity, and the root
systems can enhance infiltration. The soil medium filters out pollutants and allows storage and
infiltration of stormwater runoff and additional volume control within the soil media prior to
reaching the underdrain pipe and overflow drain.

1 RIDEM De~ign Guidelines for Gravel WVTSs reconunend a surface area greater than or equal to 0.35% of the total contributing watershed
area. A diversion structure will be proposed for the project with the intention of intercepting storm drainage from High Street, though the
amount intercepted is uncertain at this stage; therefore, the gravel WVTS has not been sized to meet the criterion at this time.

j:\70511\cad\te\hi\planmisc\drdinage\lrnc - expanded gravel wvls oplion\70511.00 slormwater management memo_10lO07_rev.doc


Date: October 7, 2010 3
Project No.: 70511.00

The three retrofitted landscape islands have been designed using their existing combined surface
area of approximately 2,300 square feet. Based on guidance documents and an estimate that 95
percent of the existing plaza is paved, this will be sufficient to treat approximately 24 % (or less than
% -inch) of the required water quality volume. Underdrains will be installed in the bioretention
gardens with an overflow to a catch basin within the plaza that discharges to a series of off-Site
detention basins. These basins could potentially be modified to provide the water quality treatment
that cannot be achieved within the bioretention gardens alone, if sufficient capacity for this use does
not exist already. Further investigation is required.

4.0 Summary

A HydroCAD hydrologic model of the Site, using TR-20 methodology, was developed to evaluate
the existing and proposed drainage conditions. See below for the results of the analysis.

Site Stormwater Runoff Contributing to Bailey Brook

Existing Conditions Proposed Conditions

I-year storm: 43.1 CFS I-year storm: 77.6 CFS


10-year storm: 74.7 CFS 10-year storm: 167.7 CFS
100-year storm: 140.3 CFS 100-year storm: 355.0 CFS

Site Stormwater Runoff Contributing to City of Newport Detention Ponds

Existing Conditions Proposed Conditions

I-year storm: 49.5 CFS' I-year storm: 8.2 CFS


10-year storm: 106.4 CFS' 10-year storm: 13.3 CFS
100-year storm: 234.0 CFS' 100-year storm: 24.0 CFS

*Does not include contributing runoff from areas beyond the Site. Further investigation is required
to evaluate this existing condition.

5.0 Conclusion

The addition of a gravel WVTS and bioretention garden will provide for removal of the target
contaminants of phosphorus and bacteria contained in stormwater runoff generated within the Site.

Further investigation is also recommended to ascertain existing physical features within the Site, so
as to evaluate the feasibility of installing a new closed storm drainage system in Commercial
Boulevard and High Street and its accompanying gravel WVTS. The existing functionality of the
City of Newport's detention basins also requires further evaluation to determine the need and
feasibility of a retrofit.

1 RIDEM Design Guidelines for Gravel WVTSs recommend a surface area greater than or equal to 0.35% of the total conh'ibuting watershed
area. A diversion structure will be proposed for the project with the intention of intercepting storm drainage from High Street, though the
amount intercepted is uncertain at this stage; therefore, the gravel WVTS has not been sized to meet the criterion at U\is time.

j:V0511\cad\te\hi\planmisc\drainage\tmc - expanded gravel wvts oplionV0511.00 stormwater management memo_101007_rev.doc


II '
j. ,
IH
.
II
,, "'l'

~}

""

,
o ~

Ii
,TheaUl)8Ijtf:~O_f;J Qr~veJw:a.tl.and:la ~
reqen't lhhqvattonln Lowlhipaot
OJ)Veloprri(u1t-.(LID)slormwater design. It approxhnates th'e 1001< and
fI,JnQ:dQo.Qf aJ)atural'watland. effC3:otlve:IY rem:o"lng-~~glmenta-~nd
otherpollytante commonlyfounctln runoff. whUe-ennanQll"IgtfiG
ViBl'-~1 a~f)(ral of the lahdscape.·rhe subsurface Wetlahd Q\lshJated
at UNHSC.Is a horlzontal·flow filtration .y.tern that should hot ba
ppnfYIJf;Jdwlth otb_~r at9rmwa't4;t.r'wErtl~nd£'that flJtlc:tlQn,tnQrfillll<C3
PQn(f$.,ln9.t~ad~lt rell.e~ ona d~j1tl.e;rootrnatrcrulll1~d 8:tone. aOd_l:l
nilcrobe,'rlch em/lronmer'ittotreat -wafer qualify. Like 'other filtration
6yatama, it demonstratea a tratl1eJ'dQus' capacity to reduCe peal<
flQ.w and lmprova water quality.

Where 'ttl -Usa-ott Implemantbtlon


Subs\.lrf~.ce,gravel wetlands can be used in (onllructed wetlands are widely uled.
In-any r~gRjirsiwiththe_exceptlon{)f those While'5ub'sUrface:gravel wetlands aTe more
too ~ridt(,LSl,lppOrf.:lWetl~nd syst~m.Since costly alld lesl com 01011. they r~presenl a
they ,can be· space IntQnsive. theYl11ay not drarn~tllJP~rformallc:eJmproyementover
be ,pproprlate for densely developed areas. $urfacewetland~o'(lds. They have been
However,they:can be: placed lnexist.lng dry used,·foLSOll1e.Hnutiilwastewatertreat·
pondI ., a water quality retrofit. Large ment. The instaU,tion cosl of, Sublufface
detention basins used for flood control cal' grav~l wetland large enough to tre,t runoff
houle a gravel wetland without aff,cting frQ"lQne,(;Icre oflmper-viou.~ $urf.:i.c;e was
s~or:a~tfCap.1dtY-irn ih'novatilm-thatwoUld -$22;500. This does ilOt-inch.ide mainte-
dram,tlcally improve w,ter qu,lity treatment nil nee; MaJoleiial1Ce. requlrehl~ntsJl)r these
and peak flow control. Like any system that systeml are generaUy mlnlm,l. Their dellse
relies-~Jl {~fil.trali.Q1lor ftltr,at!Qn, the$e Vegetatlon·t~nds toe'xperience fewer
wetl,nds should be lined ,nd outfitted pr()bJ~ms"wJthjnY{'siY~ plants and insec.t
Sublurfac< gravel wetl~ndl dQ ,n exception,l job with subdt.inl th,t discharge to the infestations/and the use of 3/4inth crushed
of tre,ting Itormw,t.r qualitY ,"d managing waW sorfac, If they afe to be used in pollution stone for.'filtr<ttionitndsllbsurfaee water
quantity. The delign for the gr,vel wetland pictured hotspotl. DIssolved oxygen level, may st.orage furtherredu-cesthe rnajnt-ell.a.nce
~~QV(! is.lniIJ)i.I1,9New Hnmpshi~Et's--D!?p~rlmellt of fluctuats in biologically ,ctive lubsurfa" lo,d. learn more by contacling the UNHSC.
Tralispottati-on'nieetTMOLSN!ndttrds'fo)' i'i hfajor sy~tems'.lik~ lhe gr.ave.l weUilnd.
hlghw,y widenlng project.

'CAT.eJ,JOAY'Type
SforniwatlirWetlaildi Filtration
BMP-'.'TVrfe
L.oW'rIII p"ct Development Desig II
DeSIGN ,'SOUROE!
UN lise ,. ,i·', 'd;' This SU~,su(f'.'e gravol w.eila.nd W'I in th,! forqb,y and 45 percent In ~~c~ ..
, 'design.elbY 'u.NHSt. ItI rictangular treatnlent b'lln. It can detilln a channel'
BA-$IC.DIMBNSION$ .. , ·,.~'.f99,t»r-i.ht'O~~(W·PJpS.S;450-sqtiare feet /;1M protection volume «(P,) of 4,600 coble,
Filter Basin footprint: .' can accolllmoij~te runoff from up to one feet,,·a.nd' rele1l,seJt oyer-. ?4:to, 4~' hO~.fS.
1!j frlollg:X 32·rt wicre
acre.of imperviou, ,urface.)t includes a The conveyance protection volunte (QIO) II
f~Jeb"Y footprint: proWatmo"t sediment'tioo forebay that byp,md. For sm'U, frequent storml, '."h
31 fllong ,X 56 n wide
prel~rve; tile fl,lter.h!edi8,:fQllowed by two treatment basin filterl 1.~0 peJcent of HIe' .
tn.!al Are" 5,4,0 sf trow-through tr~a\nleht basins. (Olher innuent it rec.lv.~. F<it;,IQfge\.,I~i)f~1HJi~.t
SPECIf:ICA'rIONS R(~tx~atmeotapPt9,ai:be~ f!.lay be used.) do not exceed des'99(XP'j~,~I~'i\i . . ..\.:'
Cat~hmet)f Area: 1 acre bypmes the first tfeat,11e~t·Hij .'/"
Peak Flow: 1 cfs
Eacl' tre,tment b,sin il lined and topped process'ed by th,' secoij:1;Wi»~~'s ,. ,.
with Iwo'feel of gravel and eight inches of excoed design volume, lhe first Inch of rain
Water duality Volume: 3.,00 cf wetla'ild soiL The }ining'is for 'research; in (itist iI"lh) II tre'ted, While' tl\e excels II
WATER, (lUALlTV practl<;e, , lining)" O:nly needed et siles route.qti;l conv(!-y.a:nce.JuuHuresor
rflEATMl;NTPROCEl:i$I;S with soill bsI6Uglng.tQ.groups "A" (I,nd,
' .. ': . "'" ...,\q,',\\lY,saOd, drsaridy 'l~an, w}th high receivl"g:w,aters,:' . ,>': .' ,,''-"",""",'-". ,':;.o';,J:;i',
Physicai, Chemical, & Biological
.\ ...... Y:,rifi.,t'ation:r es) ,nd 'B" (silt 10'01 or loam Since st,nding wiler of,$l9rimt"it de~th':'.'
'I::
Is not bX'p.cteJ(.xc~jit,~.«fi;'g .h¢avYia{QI,
r\:0::;;~t);;\;r~~Yt:;f:~~;~ 'Wt~!~~~~;6~t~\S~it~::~r~~,;
lNstAl.'LNrlON casl' PIHl AGAr!
$tt;~OO i the lid. slop~s i)fth':srit~~(.#~~iad~d·
:';;:;~l~';::ilt~~:;'i~)~J::~!.'~t~i~tbm()l~ ill fHtr,ilUon ,t 3:t 9r fletteilo iaHl\tiifiiiai~ten,n'ce.
MAINtENANCE 'i,".\,:,':!';',),f" '<:~C~,-> ,j:ah be Incorporated at Wllh the exception o~·tli';'f~re,bal{·I'"
y Main'tenance Sensitivity: ~ow '.,...... . ·lop.... , th'p'ilstem. well,nd hosts, healthy. dlverse nilx of
, 111sr.li~'diol'lS:
Low
Sedii1f¢ntReliJOval: High ::~jl~:;~~1(~~~-[i~:-~~slgned t6retatn and fllte'r
jrative wetland grasses; reeds, herbaceous
plants, ,nd shrubs.
lhe.'w.?ter q~(llit¥ VQll1lJl~ (WQv}-10 percent
14
" ',> t' , SY9te~ PHrfonnanC8 '
,

, - \ ' , '
,

Water Q~alltY Traatment Malnten,anOG


The gravel wetland does an exceptional N.otoaf,nt~!il,l,~c~ h~s,~eell p~rf9rIlW~ .9n,th~
job of removing n.arly all of the pollutants gravel wotland since it was installed In fall
commonly ifssociated ,wlthstMri1wC'lter 2004. Til. systelll contlnueno function
tre~~fi1!mt perf6rol(tn.ceJ1SSeS~men,t,t~ weiland is developing the appearaute of a
consistently exceeds EPA's recommended healthy diverse w.t1and. The majority of th~
level of removal for total suspended solids, v~getatlon pl,nted .after I"~tallatlon h,s
and m.ets regional anlblent water quality survived. Trees and shrubs did w~ll. though
criteria fotnutrfents,lreavynle.tals/ahd some w~tlM.d spec'ies!' sudj a$WZiler lily
petroleum hydrocarbons. like all other and pickleweed. did po.orly. Researchers
systems monitored at UNIlSC, it does not observed no Phragmiles and little purple
provide chloride romoval. but does exhibit ~o.os(lstrlfe" twO.CCmHll.,Qn inva.sive ~pe,~,ies
an ability to da"pen chloride peaks. in the area.
TPIl,D
lOl~I·.
R,oti.ol.e\l!)l
I
tl1or!llil:llc
The chart at top left ronects 11,0 gravel RecolTIme.nded millnt~n~l1ce mostly,involves
ihYdrot~lbons' nllr'~!ltn weHand'sperfotOlalice"ln remOving. tot-al rnowin'Sand .replCite111eilt ofveglital1oll,
.Med';n.Anntiai:j~fiii:ertt'i~~:nt'HiI~'n 'C~ncilnt;atiiJ/is(~~'cJ "n'm~/t' suspended solids. total "Woleu" hydro car- as: l1eedad.Sediment remoVal·from th,e
~~.~ 894.0 .49 .96 .•124 b,Qnsi:,dI~s.olvedin,orgMlc_nitrogen,total forabay. or any pretreatment device
phosphorus, and zinc. Valul!'s'repn!$ent Installed with this system will reduce
results rE}.cpr-4ed .over t1Nq,-Y~9JS,.With,the 1I1alntenao.ce,on ,the tre~tment.b,a$i.ns.
data furtherdlVided lllto:sUl11niel'and
wlntef conlpoiier1ts. Cold Climate
Thesub:s.urf~.CE! 9UW~( w~tlan,d!$waJer
Wa'ter.04antity CQ,ntroi quality tr.atment ana water quantity
250

.
~ 200
e 150
UkctitherfHnationsystemsj thesubsurfl1ce
grav,el wetlaff.Q '(l~h(bits,t1tremelldous
capacity tOleduce peak flows of stormwater
COIl;trol tilP.at.jtyreolallH!~.slio~g iilaU
~e'a$Qn.$tJeiJlf~r~ln9 tbO::.conf;lusiQo. tha~
filtration systems such as thesc'p-erfoJOI
enterin9.(h~sY~~Q.I).v.rhefiglJre at b,ottOill welt,ev~nil'lC:9t~dil11ilt~s.~~~ause the
~ 100 left Illustrates effective'peak flowTOduc- no.Yt' is $ub.su'rfa~ea"d ·:e'nte(sthes¥s~.eln
50 t'foiland lOr1glagtiitfes·fbtthotailgeof through riser pipes. freeii~g of the wetland
o ....v,,========_
o 100 200 300 400 500 600
s.eaSQns mon:itored. surface do.os not impact its function, In
fact, til Qsubsu'rface' flow reSU tt$" in :alriJost
Minutes nOchfll1ge tO$et\s,oi1:a~ p~rf9rm"nce.
Annuft
Wrrit~i suml\\~1
Av.t~.,.iI
·AVe{ag'~Peak·Fl6W Reduttl6il 85%' -71°10' e1·c16
AvolOge lag Time (mln~tes) 318 313 315
D E K S L

,",
OCT 1 9
',-
Providing Ecosystem Science and Information Lj '-.J

18 October 2010

Newport Leaders:

My colleague, Dr. Numi Mitchell, recently presented to the Newport City Council a plan to deal
with Newport's emerging coyote problem. I've been involved in natural history research for over
20 years and I have worked with Dr. Mitchell on her coyote research for three years. I'm writing
to you with more information about this very significant issue that threatens pets and the lifestyle
and even the safety of Newport residents. I'm enclosing an article from The Boston Globe
Magazine describing Numi's research and the nature of the concern for your constituents.

Based on my experience, I would make the following observations: eastern coyotes are intelligent
and highly adaptable animals; they naturally pursue an omnivorous diet and inconspicuous, even
cryptic behavior. As such they are well adapted to move into close proximity to people and take
advantage of food and shelter provided by association with humans. Dr. Mitchell's several years
of precise satellite tracking data show that human and coyote societies can live together within the
tightly spaced neighborhoods of Newport. What Dr. Mitchell's observations also show is that
these animals, being highly intelligent and adaptable, are susceptible to being conditioned by the
circumstances of their surroundings. She has observed that coyotes fed sheep carcasses became
sheep killers. Some coyote packs but not all are regular deer hunters, suggesting this is a learned
behavior. She has observed them to become acclimated to humans and expectant about human-
supplied food. What could reasonably be expected to happen if we encourage a 50 pound
predator to come into our neighborhoods and teach him to associate humans with food? Would
we chum for sharks off a public beach?

There are simple steps that Dr. Mitchell's data show will reduce the chances of negative
interactions between coyotes and humans: dispose of large animal carcasses in a sanitary way,
~. eclueate·thepublk>abouHhe dangers-oHeecling~wilcllife-ancl-the-pf0blems-thateomefrornfeeclin~ - - - . -- -
domestic animals in ways that allow coyotes to get access, and control garbage. These are steps
that should be taken anyway on grounds of human health and quality of life. They are not
expensive or complicated. Dr. Mitchell has already undertaken an exhaustive research project
involving a great deal of innovation and hard work. She has described the problem and outlined
solutions. A modern American city that aspires to offer its citizens a safe and clean place to live
can easily take these steps. I encourage you to consider Dr. Mitchell's recommendations carefully
and adopt her Coyote Co-existence Best Management Practices for use in Newport. Thank you.

Yours sincerely,

Room "101, Coastal Institute in Kingston


P.O. Box 1B5B
Kingston, RI 02881
Tel: 401.874.5BOO • Fax: 401.B74.5868
info@rinhs.org e www.rinhs.org printed on recyded Pilper
HClWWECAN

PEACEFULLY WITH

A Rhode Island biologisthasspentthe lastfivey?arSQf,ltjitti1'lg~OYQtes


with GPS collarsandthen[ollowingthem.
. Wh.atshe's lea.rnedtells us much about howhumanshave
contributed to, and can stop,the.. invasion ofthewild animals.
BY TOM HORTON

lenni!iliU·hi"'i'.:I5fUi iNU,1,it,d :!oitl:gl1fl·W.'+it.iitii over iced tea with fresh-picked mint, Diana Prince recalls the
nighttn2oo4V{henlCUt_elifej\lstV/~n~·(;llitofQU:rhome.ltwasaboutlop.m.IhadretU111edfromaparty,aflditwas myhabit
to walk Gus~ ourlittle.JackRuSsell, be~o~eturningin.
. "Gus dashed ahead throUllh the lilacs, and I.heard the most awful dog fight. Iwas in heels, and by the time I put on my
gar4ening shoes to investigate, itwas silent. ThelastthlngIheardwas three littleyips offinthe distance~
"Iknownowthatwasp~obablythecoyot~_~l1ingitsyoung .... ltwasearlysu~er,thetimetheyareteachlngthepups
to hun~." Onlya tuftoffurwaseverfQund afGus. .
In hindsight;the Pr~ces and all of Newport, located onAquidneck Island in Narragansett Bay, were becoming'the
latestfront itt what Canadian biologis~.Gerry Parker, in his book I;:astenl Coyote: The SfOJY o/Its Success, callsat1 exp1ln-
sian«unparalleledby.anyother species ofterrestrial mammal in recent history/' Massive forest c1earingatld tliorough

16 THE BOSToN GLOBE MAGAZINE MAY 30, 2010:


persecution ofwolves and cougars left the.East-
'e111 United StateS without a top predatOr by the
earlyzotllcentuiy. Coyotes,the hativewilddog
o~ the Weste~n $tates,have be~np~hin~~a.st
ev~r.si~ce; filling natur~'s vacuum. super.bly
adaptable and resourceful, coyotes cont~nue','
to expand, inhabiting islands off Cape Cod, .
such as the EUzabeth Islands, and urban heart.;.'
laii~s,1ikethep~rimeterofBoston'sTDGarden;
InMassachusetts,thereare an~stimatedsevera1
thousand coyotes.
What Parkerdeems "art outrageous succesg';'::
ecologically. gets more mixed reviews froxn a:
human standpoint. "IW3S plannhlg to do fre&-
rapge chickens, but I'nt no longer sure I~d be the
main beneficiaryofth~t,"say$ StuanMacDonal<!,
afarmeron NarragansettBay. Sheep andpoultty •
farmers andowner$ofcars and $n>alldog,. began
to notice losses in the 19905 as coyotes swam
from Rhode Island's ma.tnland, crossed on th¢
ice,or siniplytrottedacrossthe bridges toAqWd-.
an
neckandneighboringConanicutI$l d(hon>eto'
Jan>e$town). Onthe naval base in Newport,coy-
otesbeganhowlinginconcertwithtaps so~eev~,
nings.AtCampbellSoupheiressDorrance"Dod°"
Hamilton'S 46~acre.farminNewp.ort; the depre:":
d,ation was uniquely tragic. In connection with:
TUfts liniversitY'sveterinaryschooI, Hamilton's
SVFFoundation preserVes embryos, $e:mert.'and
genetic materialofrareand endangeredlivestocl< ' ..",..PRINCE
THE :..,....:-' '..'." :":' """.:' ~~l1g~l{~~·~e.t~·#.~~:!~,m~s~:::'/;
FAMilY
bree4s. Coyotestookt1lr~eo.fthewor1d'sl~2oo ~o~!i.lpl~gIst!'l'!riUJ\lit~Jjell,aJW:\ellcre4he~4
Santa Cruz sheep and twO' so..c.~lle4,Tei1t:lessee whoseatllrti~ for\vj!di!fe gQ~s beyoll<1 Il!lyt\ling
Falntinggoats,ah~vilymuscle.~'m.eatbreedwith her 'Rhf>{ort(etre<l' Milcpellwa$ $~ill a high
a genetic defect that caus~s It to fall over at any
s.ch:()P:le~:ht9alpb.~idg~~,~e;tssa.~hu~~t"ts, when b;~our,thelw¥he~ofc~)'ote$ill l<>pac?S op- .
fright, aware but ~emporarllyparalyzed: ''That
she.~~.cov.er.ecfan~wll1ainnutlspedes, the silver e(atin~~hr.oug1j:C?~~.A,Clui~ne.c.~.~~n.4 Con,anlc~t
wasacoyote'sfoQ.destdre~"recallsSaiahBow­ rice ...t, on ~ I1eld tri~ to a r10rida $altmarsh, de- iS~an~~~ fJ:~rs~s!he .~St~~yt?~ethese col-
leY~mailagerofSVF'slivestockprogtam.Coy6tes fyi~g s~Ientifif~i~d~nn.t~at'it couldn't eXist lar$ on coYole$, T~e \1igh-tech <IiMees must be
shadowed peoplewalklng sn>a1l dogsin rheheart there.ny-ou kri0w how a trQutfislIermansees a attachedto~Qyotest~~'ol4i~f~shioned"way,and.­
ofNewpo~'s mansion district 'andappearedat bendin,th.e,.creekal1djust knows there's a good maPymQmings·Mitchell's voly? s,ta~on!,agon,
area schoolyards. Awave ofpublicconeemled to fish d6Wn,th.ere? Well, that's how it was,".she loa~ed with electronics~also'sm~lls-~fth~wing
rhe shoo~ingbyNewportpollce ofamorhercoy- says. Fourdecades later; Mitchellretains ateen's· woodchucksinthe backseat-uco.YQtecracli,"she
ote'in~07. Herpupswere.euthanized . e.xu~rance.; scrambUngover!ocksandmucking says. WithSpencer'Fripp;ll professi(m.~ ~pper,
Piana Prince initl~ny shared many,Newport rhroughSWlUllpSonrhettackofcoyote$,$!ipplug she $ets bal~e<!, rubber-paddeddevicesthatcarch
residents' urge to eradicate 'die invadersio"but betweenresearchllngollke"probabillsticversus rhe animals bythe foot, a me~Pod ~~proved by
frOinwilatIcouldfind9ut,that',snotalong:,term polygon ~stim~~~.spfho.me r~ge"to proclaim- the state:QfRho4e Isla?d an4 to/ee~njalwel-
splution." Indeed, says Eric Strauss, a coyote big, "This place is 4eavyjuju/, where multiple fare experts; Thetrip weight ofth¢traps canbe,
expertatBostonCollege, "we'trap, shoo~; and coyote trails intersect. set to exclude smallenvildlife, an41ocations are
poison 90,000 coyotes a year in this country. Using money from the Pdnce, tmst (which chosen tha~petdogswon'tlikelyfre.quent. . .
In 150 years, this has not worked." Instead, covers about one-third of the cost) and other It~ takewee~s aridteS1:all thett'appers'cre-
begin~ingin 2004, t1).e charitable trost.run by sources, Mitchell formed the Narragansett Bay atiJiityto Ct\IchacoyOle. Trapsarecheckeddally,
the PrInce family has put $110,000 into an ex- Coyote Study with a team ofvolunteers and six . andvetennarian Ralph Pratt is on call to anes-
traordinary research project that has produced partners, ranging from Brown Universiryto the thetizeasnaredanlnialwirhadrUgthatwearsoff
one ofthe most intimate and revealingportraits West Greenwich Animal Hospital. Fieldwork afterabOut2omInut~s,longenoughtol1ttachthe
ofhuman-coyote interactions iIi the historyof began in 2.005. The study is built around a state- collarand gatheivitalstatistics.Mitchelland her
borhspecie$. of-the~art GPS collar thatlets herpinpoint,hour team ofvolunteers use radio direction fi~d.ers to

"We trap, shoot, andpoison 90,000 coyotesayearin this country. In 150years,


thishasnotwarked,"saysEricStrauss, acoyote expertatBoston College.

18 THE 80STON GLOBE MAGAZINE MAY 30. 2010


These photos, tak~n in Rhode Island and. on
rvJassac~ulietUi'sEflz.a~Elthlslands,show the
',wClrk'of,~~eNar~g~nsett,~YC:oy~te$tudY.
;:[+:].Ac~Y,9~~i~ tr~PP.e~.:or,ll?I~.naPrlnce's
Newport; RljlXf& Island,:pr()pertyand.a~out to
, be ane~~he~j~ed,'a"d o!Jtfi~ed with aGPS cQllar;
,h)~--packJ?ro~abl¥ ate. Prince's dog. [2] The
, alp~a rn~l~ ~f th.Er"~eck~~m" pack~als.o in a
trap,- bar~s,ath:is' ,ca.p.tor~ a~,~hey ,appr9ach.
[3] Biologist NumiMi~chenl<eeps a netted
co¥ote stili as veterlnar,-an Ralph Pratt anesthe·
'izes him. [4] Pratt: and Miteflell weig~a coyote.
[5] Mitchell (frorrll~ft~, Pratt.. ve~ t~hnlcian
Tracy ~ohnson, and student v()iunteer Meagail
Griffin mClve.if Ci)llar~~c,oyot~in preparation
for reviving 'and releasln{J hlOl , ~6i.ou~fi:~ed
~jth a GpS '~o.uar,:~. coyote i,s~6Qijt}o come to.
~7) A~hel;~pr~e.watts.,. rv1ftc~t:!il exa'01~nes
': '9Pyo~e drqpp.in~s toleat" .more flb,o~t.thcei,r ~jet,

,.-' ..
" ,',:'.

locate and downloaddata from cqUare4coY9,~$ '.~t~:~~lt~~.~k§.r$~~c.~~~e.:tife gt()uhct \\ii.sfro;' Iiou~ing cOmpleXln.theCity·~Parkf!P1ritnelgh­
severalt1mes.awe~k.The lightweightC?llars~.e, ·~.~~·:~rpiit:~~s thQus~4so,f p,q~J}4~:ofc()yot¢ borhood; Sh~q~\)hed.thepackofnine~nlmal~
programmed tofalloffafterabouta yearaIldar~ f<\pd,~liug~hB'?l'!)i~Bll~idythanake~wildanl- the.l(Seabe¢s", be,c.au~~J~~r deferid~d.a' te~ri­
IQcated ~d reused. Mitchell figu;res, incllu:ljng Il1~~9ut?f:~~~irna~fee.din~p~~ItS/' Mitch;. tory centere~d,I1~,a~'l\Te~qrt's:N~VYb.ase~ GPS
timeandthecost of~ollars,shehas aboUt $s:,ooq eltsaYs.f C9y()teS leftto the,ir o\vndevices are SU~ re-adouts and fietc:i.obselVatiop.showe<i the Sea-
investedineachofthe21animalscaughtandcol~ :1?~r1?J:1iQU~~r~;~tt,~tf,~~vbJ:acio~.c(tn~umers bee~ialpha male.andfem.ale. (the breecjl~ pair
lared to date. ., 9~.9~he~$~I\~~~!nals~.wpogchu~ks,~bbits, ina pa.ck)hegiitlJirtg ,~9 reconn?~tel"outs~de.their
She can manipulate the torrents.ofgI>S~sup- $q~I~~Js,yol~s-tlS_we~~~:wil~'~apes.andother homerangeintoP,,!kHolm,aplac~fullofyoung
plieddara inalmo~tinfiniteway~ on hercomput- g-u.i!?~h~ ~""Wp~. ()n~50)lOte·t>1itchell ttacked children. Vl~its. by Mitchell ~l1d Middietown'~
er,eac;hpackoftWoto sixadjJltcoy~~s·ap~at1.ng: ~~?keiFS leg~4 .h?1~4u~ uI1d.er.a p~tree, eat- p()tterLeague fOl".Animals,a nonl'rofitanimal
on her maps indifferent, viviclcoJ()rs~ \\?1e~ she Iitgfr~li~.untilitheal~4.enoughtoresurne hunt- welfare organization that is o~e of th~ coyote
startedth:e s.tudYjanas~.ct~atquicklylea~~out ing.f(J3tit 0l1,~e t4~y~e. th~ hum3I1s-.anet~food snxdisPartne~'s,~o~edtheworst:S?meki4s
was (<the mountains" ,;" tltre.e~imepsI(>nal peaks' C()~~J~c~ion,b~dthiI1gs'happ~n."They become and parepts.Hving at tile public hou~ingwm­
representingar~as ofheaviest coyotetraffic. .used t()the easy pickhlg~ and,shrlnktheir hunt- pIex were h~d'-feel:ling·~heSeab,e.e.s. «Tiley are
In ~oos~ soon after the Pri~ce trust began lngterri~ori~~, alloVling mqrec~Y9tes to estab~ my coyotes, ~.d ~ fan talc~care,o.ftheQI,"a.bc;>y
fun~ng¥it~hei1's~ork,«a regularMatterhorn" Ush pa.cks, ini::reaS~ngove"rall populations. defiantly told Mitcliell after a lectur~ warning
popped~p jllst,a few clriveways down from the Other comput~r(lJe:aks"ofcoyote activity that som.eonewas;going~oget bitten~ Coyote at-
Pi'lnce fa lll ilyts home. Mitchell knew immedi- showingup across th~ !sl;ands:couldbe attribut- ta,cks onhumallsare tare, with 142r~ported na-
ately the likely reason for Gus's demise. Soon, ed to avarietybfpossible reasons: run-overdeer tionwide durit)gthe la~c4oyears, the bulkin the
sh~was pul~gup at then~ighbors'1 who asked left by the roadside, feraicat cQIonies'where the We.stem United States (tWo in ~as~achus~ttS).
Dot to be {dentified in this story. USeep. anycoy- coyotes ~te foo~ putou.tfortlle cats - and some., But they are almost always associatedwith ani-
ate,s?" Mjtchell rememb~rs coylyasking the el- times the cats themselves, u l1fenced compos! malsthatha~~bee~f~d._
derlycou,pl~wh9 answere<i thedoor..uOhno,no. piles,open durn.psters,piles ofdeer guuleft in "Theywere.so beautiful,andwenevergot to
....No coyotesher~,') t~ey.~e~all saying~ Then, the woods by hunters, and a quarry where the see wildlife up close like tha~tsays Park Holm
after SOQIe chit~hat, ~itchell confronted.them: nearby sheep farmer disposed ofso many dead resident Lisa Davis. «1 would cook for them. 1
4(1 khowyou're feeding coyotes here;" She says: from his flock,l<he gave a whole packataste for even set oiltturkeydinneron the stonewall one
«(They were terribly embarrassed. They had lamb chops," Mitchell obserVes. Thank~glvlng."
heard about Gus, and they promised to stop. UWhywerewe ~ee.ingmore coyotes? People Meanwhile, another ominous nun: The fuch-
. :. Like so many people who love to see wildlife were the reason," she says.
cometo their back dOOf, they didn't realize the Tom Horton is afreelance science 1~iterinMafY­
consequences." I:t4i/.i;$i:@MuJ..,ilJiruIDI:II@ffipatternofcoy- land. He's theautho..ofeightbooks, andhis1Vo..~has
"MountHolstein"wasanothervisitonMitch- ote activity to emerge from Mitchell's comput- appearedin RollingStonej National Geographic,
ell'.s eady list. Adairy farmer in southeastern er was around a low stone w'all that separated andTheNewYorkTimes.Sendcommentsto'maga-
Rhode I~land had been unable to bury ~everal Miantonomi Park in Newport from a public zil1e@globe.com.

MAY 30, 2010 THE BOSTON GLOBE MAGAZINE 19


sia-colored dots ofthe Seabees on Mitcbel1's Only one Seabee $urvlved. Ayoung female iMII8iiill,Ni",iii.U...a#;iI¥,m'Ii,fortltelast
computer$creenshowedtheyhadvirttiaJIyaban' became a drifter,llvffigoninlce aroundMlddle- severalYeaf$ havereachedabroadaudiencewitlt
doned tlteironee-expan$iVehtintlngte,n1tbi'y, $.- town'$ airport. Sltejoineaorhetpack-Ies$ coy- tIt"it"Don't feed coyote$""m:e$$age, deliveredm
duced byeasierlivingat tlte publichOljsingCOt.F ot~s th~t.s· ,~ ~im~}~-.~~:~;Q.4',~~.~,i~:.:we?I~}iy~:s $chool$,townmeetlng$,anawheteverelseoppor-
plex Oljd bYPlcking offcat food and cat$fri)i]1a r9~111Jrig' .,owJJ1;ti.im#s:l',~W:t!¢~)~~!~P~ ~~arl~~s;AsiI1 p~()~~,t<)IilQ*o:W's..Me-
:;';~
feralcolony"neartltepari;." "" " morialDayParademJammown
And now yeUol"ldots,repre- , ~Il feature Mitchellwith ~ bor-
seIltipgthell~ou~4.Pqrtsm911th71 rowed corgi weat:ing a blanket
pack,werebegirttlingtoflowmto · th~tsays(jSnaelc~~tt,aWllt"Jling
lands the Seabee$ once aggre$- to owrter$ ofsmall pets to keep
sivelyguarded Theyweteled by tltemwe.
nDeCastro," all.aging 44~pound They $ay they are making
male, GPS-collared and named progress~ wlthf~wer"~?y()te
for Stephen'D~Castro,~PC!rtsw i.pcigents":reP.()rte~iJ1!~t?l~st
mouth-areafat~erwho does cpupl~()fy~~r$~:N0tey~ry()ne,i.s
hlsbe$t to keep hi$area'$ pack ~o?yiqeed'~''I'heys~yl~.aye'~in
hone$t, accqtding to Mit",hell• aloneandeverythingwllibefine,
. t1Ste,v¢.sho,?~s~then~r~gular­ and i!lon't bllyit," ~aysNewport
Iy, bur his aim is lousy, whichis councllwomanKat!trynE. Leon-
the best ofall worlds," $he $ays; ard,orice referredto byMitchell
"Keepl~gthefear ofhl\lnan$ l~ · as:tcS~o6~;'em-~p:K~t~,.~.~~~:t1~
coyote$l$tltewaytoens~ethey ard concedes that tlteproblems
stayin their.,oVl~',,~,P~c~<~~\lt of a couple:year$ ago ha'!e re-
Mitchell ~..ys that qnc. a ",0rOte ceded; however: "I'll deny say-
becom~s habituate(},tohUIllans t ~~~this,hutItlij.ill5W$b¢c~use.
IjItmn()b~yhugg~r~ •. _.Shoot.., people here have been taking
IngmaybeneceSSary."She often pt'!ttel:'sw~,otheirownhands~. ;:~
ends her neighborhood educ.- 'IkttO~thernave."-
tionB1talkswith:j~fedcoyoteis ', ..!h~tcJu~e~ ritit ~o cra,cJC l1a~s
adeadcoyotel' been cat feeders, $ays Chrbtie
And that would be the fate ·~,iJiit~~.~~ec\l~jve.direc~ot of.~~e
of$everal ofthe Seabee$. Their
. humlllt~bsidizerSlQstihter~si:
_
t?~ter ~e~~e' " It's-orteofthe
.IfiP.si~o~plex~n,imalethics,.is-
as winter c:anie ontandth~p'ack1 s:'Je~ ~e. d.~a.~'With,'tshe· says.
thec?mpQtershows,~e~invain "Therfeel [feral cat$] are a part
to regain tlteiroldterritoryfr011l ofri~turej~.t1~ !peyjl1st {lr~n't.
DeCasrro'sgang. Someendedup Manysubscribe toa program of
as road kill, others began hang- tr~Pi I1eut~r~an.4"r~l~ase,Whk~
ing arourid $choolyards, looking ingthat solves the problem, but

STAKiNG fH~fR·CL.AiMS
for handouu. The alpha female, it dpesn't Illake~dent~"-,
pregn~t, alone,.and,desperate t MltcheJli$ more blunt: "Do
wander~~ fronj,'pl~~e to placet Since 2005, theNarragameitBay Coyote stkiy"llSou!fitied2I animai:lwith they want to $ee their caU
beggmghandout$fromSalveRe- GPS col/qrsandmOnitoredtheni. Thisniapofsouthea$/~Rhode island turned inside out?" Sherefers to
gina Univmirysmdent$'f<Ildlng show$ howfar 10 coYotepacksroamedlookiizgforfoodfroin a'eoy()t~'s:((sigIul~re"lWl, flay-
dlltupster$,finallydel1l1lligupto IngsldnfromrnuscJealmostlike
2005 to 2009, el1£hpacklar,ge(ykeepingtoil$OlIJn territmy.
give birt~ amid Newport's man- takmgoffa flWeater.
sionsatOehreCourtartdNarra- rni1I Beavertail Pack •.t4ElWpOrt Neck Pack .P.hcmtdm Pack , · ('hI theory: lagre,e with
gansettAvenue. , • BlackpQint Pack ..Ndrth ·portsmouth. ,. - ~'~ea~e.~sP~ck Numl,"$a1s Li~Skroblsch, head
She eOJlstantly moved her . . C'enter Island Pack Pack ' {ili! South Portsmouth ?fP~v{s'\Va~c~i~~tatey.ride ..I1~t­
PUP$ and s..irchedfor food, fol- mI Pec:kham Pack ,Pack workorYPluilt{:~~s'V~()praetlce
.N~vyPack
lowing dogwalker$ and raising trap; netl~er,aI1~ ,r.~l~a,se. lIBut
pamc amorlgparentswhofeared she woulddictate what we do iu
for their cbildren and realtor$ unrbackyardst811dtl1at is notae;.
who feared forpropertyvalue$. ceptable." Skrobi$ch saY$ there
Finally, in May of2007, the Newport Foliee De- lishedpackterritories,hopmgtogalnacceptance ar~ an estimated lOOtOOO t0200,OQO fe,r~lcats
partment shother and euthanizedher$urviv!ng or take over iran alpQa ~~,hn~ di~sorweake,lls~ in Rhode !slmd, and about 70 rnllllon nation-
pups. ('It was a case ofhum3P interventionfrom This ample res~rvoiroftranslents,."1ivingln the wide. nWetre manMing, not eliminating cats,"
start to finish," saysCharlie Brownt awildlife mOl1ar benyee.it the tilestl'as Mitch~ll P~.ts it, is she$ay$.
biologistwith the Rhode Island Departmeut of one reason}dlli_ng eoyotesdoe~n'~ r~4uce I1~m;. Cat:s are oriMitehellts mi'nd on a recenti\pril
Environmental Management. Indeed, it turned ber$ in the longterm. Afi;ermontlt$ofsleeping momingasshejouncesherstatlonv,ragonacross
out tbattlte Seabees' downfall had begun before on the territorial m~rgins of sixdifferent packs afieldby,heSakonnetRlvermtotheterritoryof
they moved into Park Holm, witltgateguards at and bemgrejeered, the lorie"SeabeefinaJlygalned the "J;lhantom" pack. nI call them the Phantoms
the Navy ba$efe"edlngthem. aeceptancetoanewpack. because theirtenitory'!as so small t I only fig-

20 THE BOSTON-GLOBE MAGAZINE MAY 30, 2010


Asinpreviousyears, tomorrow'sMemorial Day ParadeinJamestown willfeature
biologistNumiMitchellwitha borrowedcorgiwearingablanketthatsays"SnackSize,"
awarningto ownersofsmallpetsto keepthemsaje. i;£}'T,~\

ured out a p~ckwas here by the abseneeof sur- LAST YEAR. MITCHELL TRIED' unsuccessfully.to ampl~,there's evidenceb>~ugg~stcoyotescould
rounding packs.» Shewould subsequentlyGPS- persu.ade~hefourdtyoitoWncounclls onAquid- consumeen(mgli,Dlice"earrlers ofdeer ticks, to
collaramaleofthepack,alsodubbed"Phantom." neckandConanicqtislands toadoptenforceable reduc.et4e·I1e""r ep1demico~Lyille di~.ease. They
On Mitchell's computer screen, his feeding pat- measures to end human food subsidies to coy- mightmakeseriousi~oads()lJ.thell.()rqesofres­
temswere worrisome: nightly trips back to the otes.. Cat feeders ra.1lied against it; as did MallY i4ent geese, themselves a newphen6menon in
sa~e place by the river, cuttingthrough a new, others who said i~via:s too fritnisive. This year, recentdecades.
upscale subdivision whos~ yards have lots of she'~ h.aving better,~uckwith asiIi1ilar series of MitchelIk~o\vsthings are evolving. $he has
children's playgtound equipment, presumably policies that'won't·hllve the force of law. s~e b.egu~caJUngonepac~shetrack~tlie~'Peer­
.. withhispacki.ntow. notes that the public is more recel'.l:iY~to t~ese sl~y~~s.'':90~?t~s,'\V~ichla~¥.~~c~shin{;jaws
On the edge of the manicured subdivision; ·nieasureswhena"c.oyote crisis breaks out"; last and pack-~~.{ltingta~ic,sofv,r()lve~,lq~ deer in-
Mitchell pulls up by a rambling old cottage mo ,fQr exampl~,: a Cranston, Rhode Island, frequently, Yet this pack, which acquired ataste
tucked into several acres offorestsloping down
I1tb
manW3S 1?ittenin,WSWfclj QIld twodogswereat- for de~rIIie~~aiterbeingba.lt¢d witl1carcasses
to the Sakonnet. The mailbox is paiilted With tacked while being walked in Amherst, Massa- byphotographers andothe,s, h~s begun ro bring
a large tabby lounging amid flowers. Cat.food chusetts. down the deerpopul~tI~n,she says.
spills from small feeding stations set all around Portsmouth and Jamestown ,have, adopt~d TIten Wr~e~,s't1l~.e1{trell1,~lYUfl~COYO.t~-like
the fringes ofthe place, and cats by the dozens th~ so-called bestmanagement practices, a~d incidentlastfallinNovaScotIa,where~pairofthe
lounge on shed roofs and wander in-and out of Middletown and Newport seem likely ro fol, llnlmals att~cked. atidklIled ~1~-year.ol~female
rosethickets,eyeingyouwarUy. Theowner,Joan low. Mitchell believes they'd be the firsr in New h!kerirta Cape B,eton I;I1ghlands parI<. ItVo'llS the
DeMello, isn't home, but later she, calls. "I've England t~ do so. Her organiZation has secur~d second fatal atr~ck ill Noi:th AmerIcan history.
beenhere6oyears,andldohavequitea(ewcats, gran~s to· develop composting or chem1cal ThpllniinaIsprob~blyh~dbeenfedby~urnan,.
I'm notgoingto sayhow many. I se.e coyotes,and methods ofdisposing ofHvestock and Wildlife r.here is no 'c:\Qllb,t Eastern coyotes are
theyare beautiful, nota problem.AlI the animals carcasses in the city and towns. The plan rec- . blggerthari tbelrWesremcounterparts"45toSo
here live inharmonyand peace/' ommends feeding feral c~ts on 6-foot ledges, pou~ds:f()ralafgeo.ne, vers~sarolmd35 p~urtds.
Mitchell later encounters Hillary Olinge:r, a too high for coyotes to reaeh,·and in the day~ Theyalso h~ve gained genesfrol)1 b,eedlngWith
young mother in the subdivision who wonders time only (coyote.sare noctu,rna;1). The Potter wo~v~s ontl1eir'e:a:~t~~rdltfll~~~.,R,~sear~hers
howconcemedsheshouldbeaboutcoyotesight- LC~agu,e already is reaching more thllna t11ou- ar~ still deb~t!Ilgwhetherthey constItute a new
Ings. "Whenthe feeding stops, you'd better bat.;. s'ands<:h~()lchi1dt:'el1 and adults eachyearabout arthllal: ()n th~ liutds~ap~, ~th yet. unclisc~vered
ten down the hatches herewltilthecoyotes sort .the'pe~I1sofleaviIlgs~all pets ouforfeediitg behaviors. .. .• .
it out;,Iwould worry about your kids," ~it~hell coyote~ in anywar~The.plan citesVancouv~r, :M~~\V~l~,::~liCh!ulle'Di~a:~rince~prtnk1es
says. She agree~~oretumandtalkataneighbor- BritlshColpmbla,asamodel,Itsde~de.oldCo­ Vitils~fJ!lou~tiiln~li~,-nUiine~undhergr~unds,
hood association meeting. . Exi~tiri~~i"thC.QYot.e~program te,llsre~i4ents h?pi.n$~5!er~tcp¥o~~~.S~~~ir~~1ln~~nerfor
Good things are also evident in coyote-land who eI\counter the,animals to act nbig; me~~ a ~hne'~h9~pO~,Iiom~ng.,' S~~:Pl,1~.upccan ugly
today,'a~ Mitchell drives 4istractedly pasta and loud/,wavirig arms, making noise; andre- (ence~'to~rote~tP~~14e;~he{ac1CRtls.s~Uwho re-
wooded ravine on the outskirts of NeWport, peatingasneeded; l'l~~,e.d. GllS~~.a~~~~9tiir~.~ ~ la~~q~1"~aI1s~ep.;.
fiddling With, Ii bulky radio antenna protrud- all
Howwi.ll it settle out? uI don'tthink we h.~rd. ~sbo,gYgt1atq!~en SO, ric~le wa~attack~d
ingthrough the, opensuitroof. She's picking up h~v"~ good handle yet on rhe roles coyotesWill andn~a~li'kllledbyacoyoteafewyearssgo.
broadcasts from the collar oftbe alpha male of eventually play in our Easternsuburban land- «(It's, ~o interesting," she.says,(lhow these
the "Peckham"paC1<~"Thisi~ great..•• This ra- scapes," says Boston College's Strauss.. For ex- . creatures are changil1g thewaywe live.". .
virteVlas cO~tt1irit:o.ryforthecalaekpolnt' pack,"
she exclaims. rtme"rlSthePeckham p~ck,agroup
largelyunsubsldlzedbyhuinanfoodsources,has
expande~itsb'M1territ.ory.. ,'
Andthlltmearts a br~edirig pair (the alpha
m~le ~nd fem~le of the Illackpolnts) h~sbeen
eliminated, and that's the g~li1, shesays ~fewer
KEEPING COYOTES AWAY
coyotes per square mile. AndtheBlackpoints? BlologfstNumiMitchell recommends thefollotllingmeasures to deter the wild animaisfromyou,·yard:
Her computer shoVis' that CCRhody," aroung . . . ~~ver feec:i coyotes·or leave out·food or unsecured trash.
collared male ofthe pacl:c: who was coming into ~NEwer feed pets outside.
breeding prime, has been pushed by the Peck.;. . . Keep cats Indoors at all times. Bring small dogs insIde at night,·and accompany them in areas
hams offthe northern end ofAquidneck, across with coyote slghtlngs.
theSakonnetRiverbridge, h~lfwayro Cape Cod. " I f a coyote is staring at or following you, he probably has had previous contact with humans
Once there, a hunter legally shot him (hunters and thinks you are going to feed him. To scare away the animal, yell or clap your hands loudly
takesome450coyotesayearinMassachusetts). or throw something.

MAY 30, ,2010 THE BOSTON GLOBE MAGAZINE 21


Honorable Mayor and City Councilors:

Re: AI Lowe Resignation

Dear Mayor Napolitano:

I have received a letter of resignation from Energy & Environment CQmmission Member AI Lowe. It is
with much dismay that I report his loss to the Commission of his years of effort and support for the
many causes that we seek to help the City with providing a better and cleaner city.

AI's efforts to curb diesel idling have led to a cleaner and quieter waterfront.

Regards,

Marty Grimes

Chairman

Newport Energy & Environment Commission


J.) D CJLI:::: I 'Lj' ) \ c.- 1'-' I I ~ r cu , v
City of Newport, Rhode Island
APPLICATION FOR A SPECIAL EVENT LICENS

DATE: /tJ/asd':o

EVENT TITLE/TYPE: I
--,M,-,-,-,~-=u"'-l<..(J~~~==-=---,B.~~=II. . . . . ':...:/;....;0=---
o l",,· --'
LOCATION OF EVENT:

Date(s) of Event:

Hours of Event:

Holder of Event & DBA:

Signature OfHo:ld=e~r=of~E:v~en=t~:"1~~~~~~===~~--____;:;;:::======~
Printed Name: r;!+ILItA( Title: 1Dte'5:t::~ -,-- I
Address of Holder of Event: I. 66'" li.<2ItMII/t!1i
/l
.fZ; Ild)(.21 r; Odl//dl/'l..lt!..e
/.)
"J."1a]
I
Business Telephone: L¥QJ, ~~. :r, 5(7'7 Residence Telephone: 1 _

Is Organization Non-Profit? LUo I Is Organization Religious? OJ 0


Is there a charge for admission? I Ve.s II
Is event to be on City, State, or Private Property? L--<Bwrt
...J.J1VI!JA-<L..I.T....I;{'-- _

Name of Property Owner of Event Site: Il~jtr?l£ \-1 'nrvl\J£.'< I .AS T~OS:r&-
Signature of Property Owner: ~'~n¥

Printed Name of Property owner:1 d .,-


,A_I(_l_[;_~--,/,---,-"II/~J.'...<..!:A/,-,,'-=V'-Vc--
---:-./7--'-.: ----J

Will Event be Indoors or Outdoors?


(Include Plan)
EVENT HOLDER <1-~ e: S ,- Y
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)

If Outdoors, will toilet facilities be provided? 1 ttrk-


---~--------------------
If so, location of toilet facilities:
(Include on plan)
AJltr
Will a tent be erected? 0/0 COPY OF TENT PERMIT MUST BE ATTACHED.
(Include on plan) <->L_--'

Expected Attendance: Seating Capacity: I ;vIA- I


Is parking available:
. I la
} l"""'H
For how many vehicles?ef (Uf/ICA' <J' U
rrt..1f
n I ~-.
Jelle.II1Ce
Te> ". oJee." , I~"-
CONCERT LJ:I5't-!L-- Is staging or platform required? 1 NO I Amplification? I I
List types of musical instruments:

1 _

DANCE 1 y'e-J DEEJAY I ve...~ I Amplification: I----I~'-e.:s~----'

SPORTING EVENT I Ala Type: 1

Set-up Dates (Sporting events only): ~--==================


1 _

PLAY 1 Alo If yes, what type: 1 - - - - - -

CARNIVAL I /IIr) CIRCUS


1 !Vu 1
Will there be animals? 1 IVo I

If yes, types of animals:

SHOW OR EXHIBITION:
A!/A-=-------;:::================
lfie) 1 Type: I

OTHER (describe) 1 / () ,/)

-"e.~c)Ldr.k.""-T~A"'_"""L'_,.f_--"-~A-N:....=~""e.."'--~,.,L..:.I4--'-'I'L~T=I.{=-=M=-=UN=J{)=~=I4t=J~If='fl::::.===
Are required approvals attached, e.g., State, Recreation Dept.? 1'-- _
I~=:=====::;--::--­
Is a street closing being requested?

Will food be prepared on the premises? I )./0 • tA'f1:r/t4PL va


I~e/AY"<:-
If so, is Health Dept. Inspection Approval attached? 1 I
EVENT HOLDER
·...,~e
"..v J
'5 r ~-r
V
APPLICATI ON·-:-::F-=-O-=-R-A~S P-'-E::-CC-'-IA--:-L-=E-"-Y-=E::-:N-=T-cL-=-1C-=-E=N--:-SE
(Page 3)

Will LIQUOR be served? I .'6:6


If yes, will you be applying for a Class F or F-l Liquor License? DUb
If not, will another's license be used? I yes
If so, whose?
A/oT~
Will there be gambling, e.g., bingo, raffle, etc.? I Po I Do you have State Police Approval? I__
-..J

List Names of Vendors Item to be Furnished

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

FIREWORKS ;v:/f?r
Do you or the pyrotectni: have Newport Fire Marshal approval?
r-~---====='-----
Location from where fireworks will be shot:

Time fireworks will begin: 1 _ Duration: I ....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) 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:
Downstairs Ballroom

DDJ 0 o Bar D[BM 0


0 0
Existing table (food)
Dance Area
0
0 Food
0 0 0
0 0 0 0 0

Upstairs Ballroom

o o o
.........
D
J Dance area
o o o
L-

o o o
October 4,2010

Re: The ISES Rl Halloween Bash at Belcourt Castle.

Please note, ISES RI currently has a catering RFP out to Pranzi, Blackstone, and Russell
Moring. The chosen caterer will be responsible for food preparation and liquor license.

Thank You
CITY OF NEWPORT, RHODE ISLAND
FROM YEAR DbIO TO YEAR C&)~ I
PUBLIC ENTERTAINMENT LICENSE APPLICATION
TO THE HONORABLE COUNCIL: DATE: I 9/6)9/10
DBA Name: '8\"a{~d L0~;\-Q, Casl no·
Business Phone: 14()J -341-- ~D I
','
g bc::e \{'3::,""1
"

Address: F(QQ ii!


,1 I)'
I ,)
OCT 12010 ii e ;,

! i
t . ]

Corporate/Business Owner Name:

I-:==~====~~~::::::::-;::;:::::====;;:::::::::::=.-
License Number: 1......_-==-_-, I CLASS:D DURATION: ~ COf\VVU\J,\JJ
Yearly is June 1- May 31 f2:J
or if Daily (list dates) I
;:::::===============::::::::;
HOURS:
I ~A~- \:1 A~
Location: I iVtdODV
-:----------------;:::=~
Initial Here that PLAN is attached that specifically delineates & defines location ofentertainment:
INITIAL HERE to acknowledge receipt ofNOISE ORDINANCE D DATE: .---_--..1._--1

Filing Fee . . $15 Date Paid: LOCi 01 20~se Fe~ I Date Paid:
License Issued By: Date Issued: ..
•••• - ~ ~ •• _ •• _. _0 • •• • • _,_ •• _. _. __ • _, • • • __ •• _. •• • •••• __ • __ • • _ ••••• • _. •••• __ •••• _ ••

ANNUAL Class A (inside) $300 Class B (outside) $200(including tent) accessory only
Class C (Class J Liquor) ($500)
!?:~~~ Y. _S!!l:~~.~.~_~? P.~!. ~~y. <:.I~~~.~ P~j!y'. ~!.<! .l?~~ .d~y'_(~~~!!!?!!~!_!? ~~!!y. ~!~~~.N ' .
ACTION OF COUNCIL: ACTION DATE: _
Page 2 of 2 Entertainment License Application
JUNE 1, c901D, TO MAY31, 'db\\',

OWNER~':srltF.:..'i\U\-',Cj.~\'I(,L(',(\"0 \-'E~\ c:.R 'fr j\,(Q


D/BIA: \..' ( . ~.-:", '''( , 'G~
PREMISES: 9 FmcZ'be;c yB-h'OO'''-
PLEASE COMPLETE ALL CATEGORIES. Use "N/A" if not applicable.

AMPLIFICATION?
«'~ I'-Jo
~ I\lD
DEEJAY?
CONCERT? '{Q,~;'

BAND? ~\C\t~hd
HOW MANY MUSICIANS? ,
\ y-",\~<((~5
HOW MANY VOCALISTS? \)('),\Q5 .

TYPES OF MUSICAL INSTRUMENTS? \)~,r'


c. 1,;G:~"-
-~....,.;;

DANCING? ,\Q5 ,- CO(\C,Q \'~


DANCE REVUE
"fQ5
MOVIES? 'YQ5
PLAYS?
'1Q.S
OTHER
CC){'CQ"2Sb{\S

Expected Attendance: /;>00 Seating Capacity: -"do-'-,-T-,7,--~, _


Parking Availability # of Vehicles: 'iS 0 f.X")CIQ$;], '3\-\QQ~- (,'V£I(: n5i:
Do you have a Liquor or Victualing License: G:3~' ,\«('SS u,,:,::,QcA

Your signature below indicates that you have reviewed the information on this two page form and agreed
that it is correct. Any change will require that a new application befiled with the City Clerk's Office.

, .s ',J>.),j\~~L

PRINTED NAME: '65c~'\''\Q:~~-' DATE:

TITLE: I "',\,"'3\, C "-'\)\'QC.~'C

RESTRICTIONS:
.... uouoouuu .... ......UL.U r U.-J.LUI'I OC.L.H t u ,HOC. tJ.L/tJ£

10-19-'10 15:23 FROM-City Clerks Office 403?A98757 T-048 P0001/0002 F-477


to 0 [jC-e:T Q.) UTIL 10/"L'7 J\DL881 prin~d 7/2012010 11·21 AM
PAGJI lof2 CITY OF NEWPORT, RHODE ISLAND
Dllc. 1. :lOlO ... Nov_ 30. 2011
VlCTUALlNG LICENSE APPLICATlON
TO THB HONORABLE COUNCIL: DATE:

D/B/A Cold Fuei.on Cafe

I LICENSED PREMIS£S: 389 Thames St.

OWNER (LLC Bluecat Holdings, LLC


Corpomtlon):

Owner Addressl 389 Thames St. 1


I
City: Newport ISIBte: I RI IZip:! 02840 I
Owner Phone: I 917-476-4993 IBusiness Phone: I 917-476-4993 I
Mailing Address (choose one): (8) Business Location, (b) Ownership Address, or (0) Other (specify below)

I 614 Pond St. #l317, Braintree, MA 02184 I


=L=I=ce=n=se=N=um=blOJ"=;1=2=3=.=C=L=A=S=S=:=L=======::-1J~_.j:-.lt-er-::R:-a-:ti-ng-fr=-o-mrl
- - - - - - - - - - - - - - - - - . CiIyClerl<:
============='1 .
'DURATION: I AMua) I(AnDllalisDEC) thru NOV 30) orifSIllUlODaJ(llstdates)d ,
Estimated monetary I 6000
investment involved: ~.============~
I
Hours of Operation: I
6;OOam-2:00am I
Do you have Extended Hours ofOperatlon (i.e. 2:00 am till 6:00 am)? 0 if yes, specify extended hours and days:
Hours: I Days: I
none I I
., Is liquor license application being submitted by theapplicant? IIJ() I or will it be in the future? 1M
DeRCription and/or rendering ofarehitllo!llre to be used (irchaoEinIil. INITIALlf:::.] Attached? (YES?No) C:::.'.!
--_ •••• _•••••• - -.- ••• -. - •••••DO NOT WlUTE :BELOW THIS LlNE· •••••••••• --. _••••• ------

Filing Fee: ~ Date Paid: [i;).'9 ~ License Fee: I IDate Paid: 1'-- _
Approved by Council Disapproved by COlina) _

Issued by_-'-- D4t' _


..... uuu ........ uuu ....
,HOc.. U,L./U,L.

10-19-'1015:23 FROM-City Clerks Office 4018498757 T-048 P0002/0002 F-477


Lastprlnted7120f.zOIO 1l:2J AM
rAGE 2 ot2 Victualing License ApplicaJion
OWner: Blueeat: Boldings, L;LC
DBA: Cold l'ue.ion CaEe
Location: 389 Thames St.

If NEW establishmeJlt -0..... if NOT already "on-tile", PLANS must be provided.


If new 118tahliAhment, J)rovide detailed Site Plan showing entire pNJt\lses, interior, exterior, seating capacity, dumpster
location, and parking area.
f"';j'! lk. Si6"Rtllre{)':&W;1"':':':'~~"-"''''''''''''''''l
Plansllttacbed @<YBSorNO):
Current Seating: I8 I . Y: : '· r . ~· · " · .
Parking
Avail,."'l,,? EI Parking
Looatlon? I rear ofbllilding I Number: EJ
. often
Garbage Disposal; Dllmpsler? EI Trssbllecepta"les?
EI
Location: I reor of building
I I indoors/outdoors

Type/Odor Prevention:
I lid I I lids
Weight per pickup,

Number of Cans:
I I I
I I I 3

PRIVATE PICla.!p'l yes IByWbOm?!XBJandRUbblah


----~==~--===c:: ............
INITIAL to acknowledge receipt ofLiJterlTrash Info (If new)
........... .
.
~

Type of
BUSINESS:
I: Restaurant

Your signature below indicates that you have reviewed the infonnation on this two page fonn and agree that it
is con-ect. Any change will Ie uJre that a new application be tiled wtth the City Clelk'~ office:.
i··"···· '" , '''"i :·····~·i·····'J',········";

ASi2Dli~turet
pp ean:
of ~.",. " ,; Date: ;.. ~t;J.,{.r.fyl.r..t!
'
j
Phone #:

Print Name:
Title: [ Pr-e.flcJ~

":\' ,hnwrVifl:LII t) IlClll.'wul\VIT2(J) (/:\l'lplicuti(lIIM\lI'NU,(lIlC


Last printed 7/20/2010 II :21 AM
PAGE 10f2 CITY OF NEWPORT, RHODE ISLAND
Dec. I, 2010·Nov. 30, 2011
VICTUALING LICENSE APPLICATION
TO THE HONORABLE COUNCIL: DATE:

I D/B/A Colds tone Creamery OC I 2 /Ie

I LICENSED PREMISES: 258 Bellevue Ave.

OWNER (LLej Totally Cold, LLC


Corporation): ,'-- _

Owner Addressl 27 John Potter I


City: I W. Greenwich 1State: 1 RI IZiP:1 02817 I
Owner Phone: [397-6093-----"'-'] Business Phone: [ 440-4777 -.-J
Mailing Address (choose one): (a) Business Location, (b) Ownership Address, or (c) Other (specify below)

27 John Potter Rd., W. Greenwich, RI 02817

License Number: 1239 CLASS: L Litter Rating from I


' - - - - - - - - - - - - - - - - - - - - -1City Clerk: _

DURATION: 1 Annual I (Annual is DEC I thm NOV 30) or if Seasonal (list dates): 1 _

Estimated monetary I 325000 I


investment involved: ==============_
Hours of Operation: 1 II am-lOpm - I
Do you have Extended Hours of Operation (i.e. 2:00 am till 6:00 am)? B if yes, specify extended hours and days:
Hours: I I
Days: 1 _

Is liquor license application being submitted by the applicant? Il\!D or will it be in the future? ~

Description andlor rendering of architecture to be used (if changing). INITIAL~""": Attached? (YES?No) : :
........- -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW THIS LINE - - - - - - - - - - - - - - - - - - - - - - - - - -

Filing Fee: ~ Date paid:1 1U- iJ- '/04'f, License Fee: 135-0 IDate Paid: 110-} J.·f() -4..'vt;

Approved by Council _ Disapproved by Council _

Issued b y _ - - -__ Date _

Y-\1 ,iquprV in20 I0 Ih~n~\\al\ V1'1'20 J (lAppl icatiolllvkrgc.(\llC


Last printed 7/20/2010 11 :21 AM
PAGE2of2 Victualing License Application
Owner: Totally Cold, LLC
DBA: Colds tone Creamery
Location: 258 2ellevue Ave.

If NEW establishlnent-or- if NOT already "on-file", PLANS must be provided.


If new establishment, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpster
location, and parking area.
Plans attached or on-tile (YES or NO): ··.- ,.. & Signature::.. ~

:
........ .-. ~ .:
Current Seating: IL ---I

Parking Parking r--I


Available? D Location? IL-p_la_za_~ I
---.J
Number:
of Cars L-.J
Garbage Disposal: Dumpster? ~ Trash Receptacles? D
Location:

Type/Odor Prevention:

Weight per pickup:

Number oCCans:

PRIVATE PICKUP?E] By Whom? IL-w_a_s_te_M_an_, _


........... . .
INITIAL to acknowledge receipt ofLitter/Trash Info (ifnew) DATE
.....•..... ..........................
Type of
BUSINESS:
I Ice Cream Parlor

Your signature below indicates that you have nwiewed the infonnation on this two page fonn and agree that it
is correct. Any chan . quire that a new application be filed with the City Clerk's office.
... . ~ ~~.. ~

ASignl~turet ~. "'N /:?1.(iJ.


• --. > . , - - - •

pp lean:
of : . ; .1 Date: t9:'.. .1

Phone #:
[QUI - eff&-!P17'/ I
Pd"tN='r[R"'s<-~:;;:('~_,._ _ I Title: I ~."

'I' :\J .iquorVif20 I0 RnIC\\-al\ VJT20 ) (j,:\pplicatioJJMcrg(;_~I{lC


fir
\T'i~~::,~'lE"(G-"' '\r\~T' [~~' :
CITY OF NEWPORT, RHODE ISLA)rfR~ -- . . . . . . .•. ········1
PAGElof2
Period:froIn DEC 1. 10 NOV.. 30. 1, 1\ SEP 2 8 2010 I !'
VICTUALING LICENSE APPLICATION d ,,' \ ,,-
TOlliEHONORABIECDUN~ D TE: 'SE~TrEM::m:ER.0ii;·2<t1O
l ,. .... Jl '. !' ( r" ~ (" L~
1_: \,. ~, ~-, ••

DIB/A LUCIA ITALIAN RESTAURANT t PIZZA LUCI:P;.-'----~_·-~..·,,--·,..,·,·,~ ..~··· ..·-"---.. - . ··

LICENSED PREMISES:
186B-190B THAMES STREET) NEWPORT) RI

Owner(U.C,
CoJ:porntion): I1 NORTH ITALIAN RESTAURANT BRIO) INC. _

OwnerAddress: . I 25 ANNANDALE ROAD


City: I~=====N=EW==P=O=R=T=====I:::S:-:-ta-:-te:--=l ===RI===]=Zi:-P:-;::'==0=2=84=0==
--;::==~---_--...:..-
OwnerPhone: I (401) 847-5341 I Business Phone: (401) 846-4477

Mailing Address (choose one . (a) Business Location, ) Ownership Address, or (c) Other (specifY below)

186B THAMES STREET) NEWPORT, RI


, LicenseNmnber: 1012 a.ASS: M Litter Rating from STANDARD
Gty Clerk's Office:

Annual or Seasonal? I ANNUAL I IfSeasonal (list 'dates): 1 _

HomsofOperation: I 7am - lam I


Do you have Extended Hours ofOperation (i.e. 2:00 am till 6:00 am)? §] ifyes, specifY extended hours and days:
HOUtS: I r Utys: I I
MonetaIy [,
EstirnatedIn"estment'
.V' $65)000.00 I
. '
Is liquor license application being submitted by the applicant?1 YES or will it be in the future? I Nt I A

Description and/or renderitig ofarchitecture to be used (if changing). lNITIALS: 0 Attached? (YESINo) ~

- - - - - - - - - FOR OFFICE USE ONLY

Filing Fee: ~ DatePaid: 1 --' ucenseFeel_' I DatePaid: 11..- -'

License Issued by_ _ Issued Date _ DATE APPROVED BY COUNCIL _

App03VictualingUcenreAJ.I
PAGE 2 of2 Victualing License Application Period/rom DEC-f, __ toN 0 V. 3 0, _

Owner: NORTH ITALIAN RESTAURANT BRIO, INC.


DBA; LUCIA ITALIAN RESTAURANT I PIZZA LUCIA
I..ocati<:::llL 186B THAMES STREET, NEWPORT, Rl
-------_.:-_~-'---

If NEW establishment, Expansion or Transfer,.PLANS.must .be. provided.


Provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpster location, & parking area.
FORRENEWAlS: ~
I certify plans have not changed (yes/no): ~ Signature: I
Current Seating: [ 95 I
"----------;:======
NewSea1ing(For TRANSFERS or EXPANSIONS Only):

Patking
Available?
~
~
Parking
Location? LOT AND STREET I~ ~
Garbage Disposal: Dumpster? ~ Trash Receptacles? ~
Location: MARY STREET LOT I MARY STREET LOT

Type/Odor Prevention:

Weight per pickup:

Number of Cans:
IL-.--- _
1, 1

PRIVATE PICKUP? . IYES I By Whom? PATRIOT DISPOSAL

INITIAL to acknowledge receipt afLitter/Trash Info 1'- 1DATE:/


Type of Business: I
L-- FULL SERVICE RESTAURANT _

SIgnature of
Applicant:

PrintName 1.
. "

Lv <f..f f:l'-----
==
"':our signature ~yauhavereviewedthe infunnatioo 00 1his !wopage furm and agree that it is correct.
,~.. ~i
( A· _/_
__ ·C_-'--
LN: ( 1 Title:
I
1_~t5
Date:

__
. I pt..
[]] c. ',-~L l( 01.
'nr.::._~_",
'-"' d.._'IJ_~_7= ~1_
__. :_h.---,-
UC.J'V

FORUCENSElRANSFERONLY:
Previous
Owner:
Previous: Previous
d/b/a Location:

App03VicluolingLicenseAII
~I'

K,'Ic(-\.el-J

~f',f::-A

._----
-
f-----.-----==--=
l I \

\ I l
\ I \

\ I

I {

\ \

r-] -
, \
o I -.

r1 L
--r- r\ "'T

o
\

\~

o
COMMON ~
- AF'!i=A ~ \ \

_______ -~._--~_.,--J
.---~

.__. -
Last printed 6/512007 10:54 AM
PAGE 1 of:2 C}[TY OF NJEWPORT~ RHODE ISLAND
Dec. 1, -Nov. 30, _
VlfCTlUALING JACENSE APPLICATION r
TO THE HONORABLE COUNCIL:

LICENSED PREMISES OCT - 7 20'0

License Number:
L...-
CLASS: ~ .~ \(
~ _ _____' _J
Litter Rating from .
City Clerk: I _ I
DURATION: [ t'>l'~""'c.JC I(Annual is DEC 1 thru NOV 30) or if Seasonal (list dates): I'-- J
Estimated monetary I
~ 5: t. to (:;, '-).. I
investment involved: ~=:::::=======================.
Hours of Operation: I \\ ~ \""-.. \ \\ 'l- I
Do you have Extended Hours of Operation (i.e. 2:00 am till 6: 00 am)? \'\'}D I I if yes, specify extended hours and days:

Hours: 1...... 1 Days: 1 ---1

Is liquor license application being submitted by the applicant? ~


~
or will it be in the future? D
DOGGaOa~ vaoaOOD~

Description and/or rendering of architecture to be used (if changing). INITIALS:"\0 .... : Attached? (YES?No) :toi:s
II tiD 01:1
:
CfgODIJOD~D

- ~ - - - - - - ~ - - - - - - - .. - - - - _.. - - - -DO NOT WRITE BELOW TJfUS LINE - - - - - - - - - - - - - - - _. - - - - - - - - -

Filing Fee: EJ Date Paid: I td l-,¥t+---- License Fee: 1 1Date Paid; 1 ----'

Approved by Council _ Disapproved by Council _

lssuedby Date _

Y:'·W~b EdiLillg'.V[n(lU7i\'ppJjl~nf:i.1!1d(lc
Last printed 6/512007 10: 54 M
PAGE2of2 Victualing License Application Dec. J, 10 No v. 30,

Owner:
DBA:
Location:

If NEW establishment -OJr- if NOT already "on-file", PLANS must be provided.


If new establislunent, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpster
location, and
parking area.
Plans attached or on:.?le (YES or NO): ~~.;~••• ] & Signaturer·\·1~:j~C~··>o·,··aa .•a o.•o.o.oo•.•. a·1
Current Seating: 1,-\_~_i>__o__1 ··.. ;;i;;· f,' t.- , .. J, ..
Parking Parking Number: I._ _
Available? Location? ___________________ I of Cars -----J

Garbage Disposal: Dumpster? Ii Ie.') Trash Receptacles? D


Location: .~ L- \,,, .... ~ .~ .6'"1.."""'5>.</<
Type/Odor Prevention: ~ ~. ~ <?OOt1) " Z<-./
Weight per pickup:

Number of Cans:
\
PRD:VATE P][CKUP?[y;] By Whom? 1 -----'

INITIAL to acknowledge receipt ofLitter/Trash Info (ifnew) r·~a4·····

Type of
BUSINESS:

Your signature below indicates that you have reviewed the infonnation on this two page fonn and agree that it

Signature of
Applicant:'
Doa
D.' ••• ~
r·· .
is correct. Any change will ~qUire that a new application be filed with the City Clerk's office. .
D••D••D
N"C··..·
DO
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D••• DaD.'D' D o. a. DDOD •••••••• Do'
D. DD D •• 00 •• 00 ~ D DO' D 00'0 •••• • • • • • • • • D • • 00'

Phone #:

Print Name:

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,PUI1IJCJ STREET
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'"
!"AuI!- 1 01 J, j\J \d.-I \\ 0
CITY OF NEWPORT, RHODE ISLAND
FROM YEAR TO YEAR'---_ _
PUBLIC ENTERTAINMENT LICENSE APPLICATION
TO THE HONORABLE COUNCIL: DATE: 1\ CJ t.\ \ \&

Corporate/Business Owner Name: ]


Owner Ad~ess:l Co "-e ~ ,\\J ~
Owner City: 1_ _ ~_f\._S \\_)_.>1_,_'
I b_' 1 State: I,~~ I Zip:
Owner Phone: I L lD '-\ '?.61 ~ !
For Mailing Address (choose one): /
Use Business Location: OR Use Owner Address: J OR Other Mailing Address:

License Number: 1"-_--==- _____ CLASS: I!lI\\ DURATION: 1--'-(?i_I(\_I_H,/\_e...._\ -"-


Yearly is June 1- May 31 0
or if Daily (list dates)

HOURS:
I \\ \"f"" -
Location: I ~ -:::£-"" ~ w" S
Initiai Here that PLAN is attached that specifically delineates & defines location ofentertainment: I
INITIAL HERE to acknowledge rece" NOISE ORDINANCE D DATE: I
Filing Fee - $15 Date Paid: License Fe~ f]]O .j- Date Paid: ,r---'"---L---_--I
License Issued By: _ _ Date Issued: _
i' ANNOAi.:-ci~~~ -A-(fu~id~)- $j00.--Ci~-s; B-(~~t'~i-d~) .$200(i~~~di~g' i~~t).~~~~~~~ry. ~~iy -- - ---.-----.-.-------.----
: Class C (Class J Liquor) ($500)
i.Q~!~X. __ ~~~~~_~.~_~?~~~. ~~Y- . .~.1.~~~_~ .l?-~!~Y- _~ !.q _l?~x:.~~y._(~~.~!!~?~~~_!~.~~!!y_ g~~~~.~). _. __ .. __ .
ACTION OF COUNCIL: ACTION DATE: _
Page 2 of2 Entertainment License Application
JUNE 1, , TO MAY 31, _

OWNER: (c<., \- '-/ \... '"' C


D/B/A: --~--::,;-,::;-'V,-\)=--------~-
PREMISES: __1..=-42."::<.!::"'-_~-'-\'\':":':":c.:..:,~_,---:..<_ _.L,....!'.:..:'J_- _

PLEASE COMPLETE ALL CATEGORIES. Use "N/A" ifnot applicable.

AMPLIFICAnON?
'~ c'.',... <:,"
DEEJAY? '\.) fi <;
CONCERT?
BAND?
"'o
'1 .oS
HOW MANY MUSICIANS? lI\\) '{ <l (f'

HOW MANY VOCALISTS? .~

TYPES OF MUSICAL INSTRUMENTS? Il v~"t>·,. ,.,; I I,"''"''~ ~t,·, - \,1: ...,,0 \, ~f&C'~ \,.s
DANCING? 'f9S
C"

DANCE REVUE t,j D


MOVIES? \\') t:'
PLAYS? \\.:l (:,
OTHER

Expected Attendance: __'_b_'_6 _ Seating Capacity: _\,-,'t","6_~ _

Parking Availability # of Vehicles: __~


__b _

\.1e.
Do you have a Liquor or Victualing License: _ _-,- <",
1_-=-, _

Your signature below indicates that you have reviewed the information on this two pageform and agreed
that it is correct. Any change will require that a new application beflled with the City Clerk's Office.

SIGNATURE OF REPRESENTATIVE: I v"t~"'-·· I


PRINTED NAME: I~ .. 0 \,~ ('." ~S\.
\',I!' ,'" I DATE: lill'~ \.. (,) I
TITLE: I L> L;.\ \"--'Lv

RESTRICTIONS:
..~-.. l.

~. ~~'~". .
r. ~_ ___ . j

l,
lVi:ILLER SCOTT&HOLBROOK
Attorneys and Counselors at Law MICHAEL W. MILLER
TURNER C. SCOTT
FRANCIS s. HO!JU!..p.Q.lC;..u.a..-.
September 30,2010
~ re (f\b~/lsrJiM.~· .'"~:\\
\£:. \lffi.od~Q)1cm~:;;I- \

~ SEP 3 0 2010 J l::::'


'-ci:r~ of['i~:ii<!Rr
Newport City Council CIW w.TY'~:_~~.~·:9.L ·~·
L -_ _~"""'~-"-_.''''''''''''''
City ofNewI>ort
43 Broadway
Newport, RI 02840

RE: Ocean Heigh'!S Road Improvements

Dear Honorable Mayor and City Council Members:


This office represents Verbena, LLC ("Verbena"), a Rhode Island Limited Liability
Company. Verbena owns a 3.9 acre parcel property which abuts Ocean Heights Road to
the north and Ocean Avenue to the south (plat 41 Lot 325). Attached isa portion of Tax
Assessor's Plat 41 which shows the property location.
In hopes of making the large paved over area at the tenninus of Ocean Heights Road
more attractive and provide a better street scapeat thatlcication, Philip M. Hilden, the
authorized member of Verbena commissioned the services of Katherine Field and
Associates and Northeast Engineers to design a plan for a cul~de~sac landscaped area at
the Ocean Heights Road terminus. I have attached a copy of that plan. Prior to that
submission to you, the plan has been reviewed by the City Tree Warden and the office of
Public Services. Each have approved the plan.
Verbena stands ready to make and is anxious to start the improvements shown on the
plan. Prior to any street improvements, your authority is obviously required. Attached is
an agreement which I request you review with the Administration and Solicitor's office.
Thank you for the opportunity present this plan at your October 27, 2010 meeting.
With best wishes, I remain,
~espectfully,

MILLER SCOTT & HOLBROOK


...

Turner C. Scott

Via Hand Delivery


TCSsm5186·8149/14
Enclosure(s)
ru TOURO STREET NEWPORT, RHODE ISLAND 0:t840-:t967 TEL 40r-847-7500 FAX 40r-848-58 54 E-MAIL a£torney@millerscott.com
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OCEAN HEIGHTS ROAD ROADWAY IMPROVEMENT AGREEMENT

THIS AGREEMENT, made and entered into at Newport, Rhode Island, this __
day of , 2010, by and between the City of Newport, a municipal
corporation of the State of Rhode Island, hereinafter referred to as the "City", the address of
which is 43 Broadway, Newport, Rhode Island, 02840 and Verbena, lLLC, a Limited
Liability Company with its principle place of business at 122 Touro Street, Newport, Rhode
Island, 02840, hereinafter referred to as "Verbena".

WHEREAS, the City is promoting and encouraging corporations, organizations


and/or individuals to provide the care and maintenance necessary to the City's medians,
parkways, right-of-way, downtown planters, parks, beaches, or other public areas;

WHEREAS, Verbena is the owner ofproperty located at the end of Ocean Heights
Road and which property also abuts Ocean Avenue (Plat 41 Lot 325);

WHEREAS, Verbena has offered to construct and maintain an improved area at the
Ocean Heights Road terminus pursuant to plans prepared by a Rhode Island registered
engineer and a Rhode Island registered landscape architect;

WHEREAS, said improvements to Ocean Heights Road will benefit the Ocean
Heights terminus, view shed and streetscape with a landscaped Cul-de-Sac; and

WHEREAS, it has been deemed in the best interest of the City to enter into an
agreement with Verbena setting forth the respective duties and terms and conditions thereof.

NOW, THEREFORE, in consideration of the mutual covenants, promises and


representations contained herein, the parties agree as follows:

ARTICLE I. SCOPE OF SERVICES

A. Verbena shall provide the services and contributions set forth herein below in the
open paved Cul-de-Sac area of Ocean Heights Road.

(Hereinafter "Cul-de-Sac")

B. Services to be provided by Verbena in accordance with all city, state and federal
guidelines:

1) Verbena will construct and maintain the Cul-de-Sac in accordance with the
engineering and landscape architect plan entitled "Cul-de-Sac Improvements Ocean Heights
Road" dated March 15,2010, revised June 24, 2010 ("Approved Plan") with no design
change or substitution of shrubs, trees or other woody plants without prior written approval
from the Public Service Department (Approved Plan attached as Exhibit A).
2) Verbena shall notify the Public Service Department in the event a problem
should arise or if improvements to the Cul-de-Sac are necessary which Verbena is unable to
do or is not authorized to do.

C) Verbena shall maintain a high level of maintenance service to the Cul-de-Sac.


The City shall have no obligation to replace any plants, contributed or paid for by the
Verbena, which subsequently die, whether such death is the result of neglect by Verbena,
the City or otherwise. Verbena shall replace any plant material installed by Verbena.

D) In the event the work done by Verbena on the Cul-de-Sac is damaged or destroyed
. by a third party, such as in a motor vehicle accident, or by storms and weather related events,
Verbena shall repair and replace the Cul-de-Sac improvements pursuant to the Approved
Plan.

E) In the event Verbena fails to maintain the Cul-de-Sac, the City may, at its sole
discretion, replace or repair the damage to the original design or landscape of the Cul-de-Sac
or remove the improvements and return the Cul-de-Sac to bare pavement after notice
hereinafter described.

ARTICLE n. ESCROW FUND

Verbena shall provide to the City, the sum of$5,000.00 to place in escrow as the
City determines, in its sole discretion, to insure that Verbena continues to maintain the CuI-
de-Sac in a well maintained and healthy manner as contained herein. The City may use said
escrow monies deposited with the City to maintain or remove the Cul-de-Sac improvements
constructed by Verbena pursuant to the Approved Plan if Verbena fails or neglects to
maintain. Ifthe City detern1ines to remove the improvements as a result of Verbena's
negligence or failure to maintain the Cul-de-Sac improvements, it shall provide Verbena sixty
(60) days notice of its intentions to remove said improvements. If Verbena has not corrected
any maintenance issues and repaired the Cul-de-Sac in accordance with the Approved Plan, .
the City may forthwith use the escrow monies to remove the Cul-de-Sac improvements and
return the Cul-de-Sac area to bare pavement.

ARTICLE m. NEGATION OF AGENT OR EMPLOYEE STATUS

Verbena shall perform the services provided under this Agreement as an independent
contractor; and nothing contained herein shall in any way be construed to constitute
Verbena, its members, employees, agents or subcontractors to be a representative, agent,
subagent, or employee of the City or any political subdivision of the State of Rhode Island.

ARTICLE IV. NO ASSUMPTION OF LIABILITY

The City shall neither be responsible nor incur any liability for the actions, inactions,
omission, or commissions of Verbena or any of its members, employees, or agents in
performing under this Agreement.
ARTICLE V. CERTIFICATE OF INSURANCE

Verbena shall provide a copy ofliability insurance, which coverage shall name the
City as lost payee for the Cul-de-Sac improvement area.

ARTICLE VI. PERIOD OF AGREEMENT

The period of this Agreement shaH be for five (5) years from the date herein above
first written and may be executed for the period oHive (5) years by mutual agreement of the
parties under the same te=s and conditions..

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be


executed at the place and on the day herein above first written..

City of Newport Verbena, LLC

By: Jeanne-Marie Napolitano By: Philip M. Bilden, Authorized Member


Its: Mayor Its: Authorized Member

S:\TScott\CLlENTS\8149 Birden\Ocean Height Agreemenl w City.wpd


CITY OF NEWPORT
RESOLUTION
OF
THE COUNCIL
.NOo _ _

WHEREAS, a small group of residents in the neighborhood


bordered by Farewell Street, Marlborough Street and
America's Cup Avenue have expressed .concerns
regarding potential traffic safety issues on
various streets in that area; and

WHEREAS, this group of residents has presented information


to the Interdepartmental Traffic Committee and have
appeared at numerous meetings over the last 15
months; and

WHEREAS, the Interdepartmental Traffic Committee is in place


to review all traffic related issues and concerns
and make recommendations to the City Council
through the City Manager's office. NOW, THEREFORE,
BE IT

RESOLVED: that the City Council asks the City Administration


(a) to have the Interdepartmental Traffic Committee
review the materials and recommendations submitted
by these residents in conj unction with existing
ordinances that currently control or restrict
traffic in the affected area and report to the City
Council in January 2011 recommendations for any
ordinance revisions needed to address the issues
raised and the concerns of the entire neighborhood
bordered by the above mentioned streets and (b) to
develop plans for increased enforcement of existing
ordinances in that area.

Stephen R. Coyne
Justin S. McLaughlin
Kathryn E. Leonard

IN COUNCIL
READ AND PASSED

Kathleen M. Silvia
City Clerk
CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO.

AN ORDINANCE IN AMENDMENT OF TITLE TWELVE OF THE CODIFIED


ORDINANCES OF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994,
AS AMENDED, ENTITLED, "STREETS, SIDEWALKS AND PUBLIC PLACES."

BE IT ORDAINED by the City of Newport:

SECTION 1. Chapter 12.32 of the Codified Ordinances of the City


of Newport, Revision of 1994, as amended, entitled "PARK AND
RECREATION AREAS," is hereby further amended as follows:

ADD: "Section 12.32.055. Ballard Park--Regulations.

"Rock Climbing is not permitted at any time in Ballard


Park."

SECTION 2. This ordinance shall take effect upon its passage and
all ordinances and parts of ordinances inconsistent herewith are
hereby repealed.

IN COUNCIL

READ AND PASSED

Kathleen M. Silvia
City Clerk
Communication # 4761/10
Docket Date: October 13, 2010

City of Newport
REQUEST FOR CITy .COiJNCILACTION .
To: M.a y.o.r.. Jeanne-Marie NSPolitanO&trL.
.. . ers of the City Council
From: Edward F. Lavallee, City Manage· . __
Date: October 5, 2010
Subject: Energy Conser'Vation Program - Bellevue Avenue Decorative Streetlights
Staff Presentation: William R. Riccio, Jr., PE, Director of Public Services

RECOMMENDATION:

Approve energy savings initiative to upgrade the lighting source components (Le., retrofitting existing light fixtures with
energy efficieut bulbs) of the Bellevue Avenue decorative street lights in order to realize annual cost savings for the
City.

BACKGROUND AND FINDINGS:

National Grid has implemented a program for Municipal Rebates toward energy efficiency initiatives associated with
lighting. modifications in order to conserve energy. This program is being administered by Energy Source of Providence,
:R.I who has recently worked with the Department of Public Services and National Grid in order to analyze the existing
lighting toward opportunities for cost savings for the 200+ decorative street light units along Bellevue Avenue. As a
result of this analysis, Energy Source has proposed retrofitting lighting fixtures into the. existing street lights using
induction lighting at a total cost of $1 04,152.00. As partof this program, National Grid is ftmding 40% of the associated
costs which totals $41,660.00. The difference, $62,492.00, is to be funded by the City of Newport, as the owners of the
lights.

Providing these modifications will produce a savings of I05,776 kilowatt hours annually at a projected annual savings of
$ 1l,297. The State Energy Offlce advised that the remaining costs associated with this project may be obtained from the
previously awarded ARRA Energy Funds awarded to the City ofNewport earlier this year as a qualifying project toward
.fund use. Accordingly, the City will realize cost savings at no cost to the City with the combined funding coming from
National Grid Rebates and ARRA funds.

PREVIOUS LEGISLATIVE ACTION


N.. A.

FISCAL IMPACT
_ Currently Budgeted (Account ~_ _~.-J _ Requires additional appropriation X No Fiscal Impact

SUPPORTING DOCUMENTS
Resolution
Project Proposal
-. (

Corporate Infonnation

Finance Dept Review: _ _ Date By: _ (if applicable)


THE CITY OF NEWPORT

RESOLUTION
OF THE
COUNCIL
No.

WHEREAS: The City of Newport is committed to improving its energy


efficiency; and

WHEREAS: National Grid has a subsidized program that provides a 40%


cost share toward the retrofitting of the City owned and operated
decorative st:eetlights along Bellevue Avenue; and

WHEREAS: The actual cost ($62,492.00) to the City of Newport for


the City's portion of the retrofit project will be one hundred
percent (100%) offset through use of ARRA Energy Funds awarded to
the City of Newport for Energy Efficiency Projects and which will
yield projected annual electricity savings to the City in an amount
of $11,297.00. NOW THEREFORE BE IT

RESOLVED: The City of Newport shall allow work to commence on this


retrofit project associated with the Bellevue Avenue Decorative
Streetlights by Energy Source of Providence, Rhode Island under
this National Grid Municipal Program and the Mayor is authorized to
execute the agreement/work proposal on behalf of the City, subject
to favorable review by the City Solicitor.

IN COUNCIL

READ AND PASSED

Kathleen M. Silvia
City Clerk
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86 Sutton Street Unit 1R
Providence. RI 02903
Tel: 888.490. 7555
Fax: 401.490.7805

CITY OF NEWPORT (ANTIQl;JE


STREET LIGHTING)
ANTIQUE STREET LIGHTING
2010 CUSTOM NATIONAL GRID
Lighting ConsclVlltion Improvements
September 15, 2010

City of Newport
280 Spring Street
(Antique Street Lighting)
Newport, RI 02840

Energy Source is pleased to present this proposal for energy conservat.ion to City of Newport (Antique
Street Lighting). We trust you'll find this proposal a cost effective means to, not only reducing your
energy bills, but also improving the light quality ofyour work space.

Other factors to consider as you evaluate this proposal are that existing lighting-related disruptions and
maintenance costs are eliminated until the new lighting system enters its end of life - typically several
years. Where possible, we've standardized the lamp type. This will allow you to maintain a single
inventory of like lamps. Finally, the environmental impact of this initiative has been documented further
in this proposal. .

J hope you find this proposal informative. ·Jfyou have any questions please don't hesitate to contact me.

Sincerely,
...4'
~
"~'-;;.' 'ti-1'''f.;;~. a~

James R. Lavoie
Energy Source

SeplembElT 15. 2010 Page 2


Proposed Energy Conservation MeasureS:

Billing Account Number (National Grid)


7672771000
Energy Source shall retrofit the (76) ISO-walt HPS (190 watts total consumption) Antique Street lighting
fixtures located in the above areas with (76) new high 85 watt Induction Kits. The new Induction Kit will
be retrofitted into the existing fixture head utilizing a 3000 kelvin temperature lamp and a Induction
Generator. The new system with the 85 watt lamp and Induction Generator ballast will give you lower
energy cost and much better light quality.

150 Wilt! HPS vs. 85 watt Induction

• Bxisting fixtures consume 190 walts per fixture the new fixtures consume 85 watts
• Existing fixture has a re-strike time of 10-15 minutes the new fixture is instant
• Existing lamp has a Color-rendering index (CRI) of 65 the new lamp has a CRI of 90
• Existing lamps provide 67% lumen maintenance compared to 88% for the new lamp
• Existing lamps have a 20,000 hour life the new lamps have a 10'0,000 life

Billing Account Number (National Grid)


5060547001
Energy Source shall relrofillhe (76) ISO-walt J:lPS (190 walts tolal consumption) Antique Street lighting
fixtures located in the above areas with (76) new high 85 waUlnduction Kits. The new Induction Kit will
be retrofitted into the existing fixture head utilizing a 3000 kelvin temperature lamp and a Induction
Generator. The new system with the 85 watt lamp and Induction Generator ballast will give you lower
energy cost and much better light quality.

150 watt lIPS VB. 85 Wlltt Induction

• Existing fixtures consume 190 walts per fixture the new fixtures consume 85 watts
• Existing fIXture has a re-strike time of 10-15 minutes the new fixture is Instant
• Existing lamp has a color-rendering Index (CRI) of 6S the new lamp has a CRJ of90
• Existing lamps provide 67% lumen maintenance compared to 88% for the new lamp
• Existing lamps have a 20,000 hour life the new lamps have a 100,000 life

September 16. 2010 1'8983


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~'i]t!iiIiM~l!r~ . II"'''
Billing Account Number (National Grid)
6307945004
Energy Source shall retrofit the (78) ISO-watt HPS (190 watts total consumption) Antique Street lighting
fixtures located in the above areas with (78) new high 85 watt Induction Kits. The new Induction Kit will
be retrofitted into the existing fixture head utilizing a 3000 kelvin temperature lamp and a Induction
Generator. The new system with the 85 walt lamp and Induction Generator balla.st will give you lower
energy cost WId milch better light quality.

150 watt HPS vs. 85 watt Induction

• Existing fixtures consume 190 watts per fixture the new fixtures consume 85 watts
• Existing fixture has a re-strike time ot' 10-15 minutes the new fixture ia instant
• Existing lamp has 8 color-rendering index (CRI) of6S the new lamp has a CRI ot'90
• Existing lamps provide 67% lumen maintenance compared to 88% t'or the new lamp
• Existing lamps have a 20,000 hour life the new lamps have a 100,000 life

Septt!mber 1&, 2010 Psg.e 4


,

City o.f Newport, iU


85 Wti:tt QL Induction Retro.fjt Kit
16 3/8 .~"'~
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. Optional OptJeal Assemb/J1

QLilldu.c~
Type 11/ Mu/~ '.
Alum;

44

Existing FlxtUTe Filter Houling 0


85 WRft QL Induction Generator

Existing L~minaire
QL Induction Generator Fitting
Existing Fitter Opening
,-
Section View
Executive Summary
Facility Lighting

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8Bplember 15. 2010 Page 6


Investment Analysis

Seplember 15, 201D Page 6


Included In that fee is a one~year warranty on all labor provided by Energy Source. Parts and materials
are covered by standard warranties provided by their manufacturers. The lampa have a two year
manufacturerts warranty and the Induction Oenerator have a five year manufacturer's warranty. Warranty
periods besin when installation is completed. The oWner has a one-month period following the
completion of the installation to accept or reject work perfonned by Energy Source, after which time we
will assume that the work hilS been accepted.

Energy Source assumes normal workday access to thejoh site and payment in full within 30 days after
receipt offinnl invoice, Energy Source will not be held responsible for Donnal wear and tear. The
removal and disposal of asbestos and toxic materials are tlte owner's responsibility. This proposal is valid
for a period of 60 days from the date shown at the top of this proposal, after which lime we will be happy
to provide an adjusted quote if necessary.

September 15. 2010 PDjJe 7


PROJECT COST
The total project cost is $;104,152. City of Newport (Antique Stre'et Lighting) is eligible to receive an
Incentive from National Grid for $41 ,660 that National Orid will pay dIreetly to Energy Source UpOll
completion ofthis project. The final cost fOT City ofNewport (Antique Street Lighting) afte'r the National
Grid Incentive is applied wit! be $62,.492. To be paid directly to the NatiohBI Grid In 14 installments
through the Electric Bill. This pricing is valid fOT sixty (60) days.

The costs ofrecycJing of the HPS lamps will be paid by Energy Source and is included in the cost !Sbove.

NOTE: Excludedfrom the cosfs presellted hereill are any costs or expenses arisingfrom
work necassitated by existing conditions which are HOI in compliance with code
or tiny uflforeseell conditions.

I would like to take this opportunity to thank you for considering Eltel'gy Source for your energy consclVation
needs. Jfyou have any questions please do not hesitate to oontact me. '

ACKNOWLEDGED AND ACCEPTED

City ofNewptlrt (Antique Street Lighting) is in agreement with the scope of work and tenns as set forth
in this proposal and that said services will be provided !It a cost of$62,492 (after National Grid Incentive)
payable in (24) NATIONAL GRID ON BILL INSTALLMENTS AS FOLLOWS.

Account 7572771000 ($860.3 7) I Totaling ($20,649)

'~ccount 5060547001 ($860.37) I Totaling ($20,649)

Account 6307945004 ($883.08) I Totaling ($21,194)

BY: DATE:

TITLE: -------,.~--,---~
P.O. NO:
FED lD#: ~ _

Septemll1!r 16. 2D10 Pag& e


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Custom Measures

Customer Report: CITY OF NEWPORT


ApplicatioD Number: 639360
Report Date: 09~14~2010

Report Version: Proposed

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Installed By: PROJECT EXPEDJTOR C(lmpany Name: ENERGY SOURCE IN'C
COlilact Person: Street Address: B(i SUTTON STREET UNIT lR
Telephone: - ext. City: PROVIDENCE
E-mail Address: State and Zip: RHODE ISLAND 01903

Application Date: August 30,2.010


Expected Completion Date: Deeember 1, 2010
"----~-
Proposed.~_'!.centive Recipient: PROJECT EXPEDITOR

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Customer Report: CITY OF NEWPORT


Application Number: 639355
Report Date: 09-14-1010
Report Version: Proposed

Customer Infurmation

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Installation Contrljctgr Ipformation


Installed By: PROJECT EXPEDITOR Company Name: ENERGY SOURCE INC
Contact Person: Street Address: 86 SUTTON STREET UNIT JR
Telephone: -ext. City: PROVIDENCE
Eomail Address: Stille and Zip: RHODE ISLAND 02903

Application Date: August 30, 2-01-c}---~


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Application NlImber: 639355 Date: 09-14 2010
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Customer Report: CITY OF NEWPORT


AppJi'lation Number: 618936
Report Date: 09-13-2010
Report Version: Final

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In:dllilation Coptractor Ipformatiop


Instlllled B)': PRO,fEeT EXPEDITOR Compo")' Name: ENERGY SOURCE INC
Con1act Person: Street Address; 86 SUTTON STREET UNIT JR
Telephone~ -ext. City: PROVIDENCE
E-mail Address: State and Zip; RHODE ISLAND 02903

-_.._~-,------ -----------~

Application Date: June 21. 2010


Expected Completion Date: December 1,2010
Proposed Incentive Recipient:
-------4
PROJECT JJ:XPE;:.;;:D;..:;I~T..;;,O.;.;.R .-J

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Customer Report: CITY OF NEWPORT
Application)~..mb(lr: 618!136 Date: 09~13"2010
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Summary qf Planped Effh:jen~y Mcaaures

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.·', ..:,/1!;., New (78) 85 walt induction lighting

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~sUmfltt!d. Equipment Cost


Estimated Labor COlrt
Estimated Total ClfsA
Net Present Value of Energy Savings ,(I'VCNhll
IIfe.oUbe energy enlclenty appli'l8t1~il'bllrilJ~
the customer contribution . .

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GasvSpace Heating .(MMBTU)
GaswNon Heating (MMBTU)
Watel' (gal)
Wastewa.ter (gal)
Other Savin s

L007 - EI Custom
State of Rhode Island and Providence Plantations - Public Browse and Search Page I of2

• State of Rhode Island and Providence Plantations


• • Office of the Secretary of State
Division Of Business Services
148 W. River Street
,
,
Providence RI 02904-2615
(401) 222-3040

.
(1)
Energy Source, Inc. Summary Screen Help with this form

[ Request a Certificate 1
The exact name of the Domestic Profit Corporation: Energy Source, Inc.

Entity Type: Domestic Profit Corporation

Identification Number: 000134774

Date of Incorporation in Rhode Island: 09/1712003 Effective Date: 09/17/2003

The location of its principal office:


No. and Street: 86SUTTON STREET, UNIT lR
City or Town: PROVIDENCE State: RI Zip: 02903 Country: USA

The mailing address or specified office:


No. and Street:
City or Town: State: Zip: Country:

Agent Resigned: N Address Maintained: Y

Name and address of the Registered Agent:


No. and Street: 536 ATWELLS AVENUE
City or Town: PROVIDENCE State: RI Zip: 02909
Name: ROBERT A. D'AMICO II, ESQ.

The officers and all of the directors of the corporation:

Title Individual Name Address


First, Middle, Last, Suffix Address. City or Town, State, Zip Code, Country
TREASURER MICHAEL H. LEMOI JR.
17 HUMMINGBIRD LANE
CRANSTON, RI 02921 USA
SECRETARY DAVID DRAKE
PO BOX 77,1497 PLAINFIELD PIKE
CLAYVILLE, RI 02815 USA
PRESIDENT MICHAEL H LEMOI JR.
17 HUMMINGBIRD LANE
CRANSTON, RI 02921- USA

The total number of shares and par value, if any, of each class of stock which the business entity is

http://ucc.state.ri.us/CorpSearch/CorpSearchSummary.asp?ReadFromDB=True&UpdateAI... 10/512010
CITY OF NEWPORT
CITY MANAGER
Edward F. Lavallee

TO: The Hon. Mayor and Members of the Council


FROM: William R. Riccio, Jr., Acting City Manager k/~)?;I~
SUBJECT: Bellevue Avenue Decorative Streetlights - Energy/ t7
Efficient Light Source Retrofit Project
DATE: October 19, 2010

In accordance with the Council's request at the meeting of


October 13, 2010. please be advised that a demonstration fixture of
the proposed energy-efficient retrofit of the Bellevue Avenue
decorative street lights has been installed. The retrofitted fixture
is located across the street from the Miramar Estate at 647 Bellevue
on the west side of the roadway.
Additionally, the City has requested the 0p1n10n of the Rhode
Island Historical Preservation and Heritage Commission with regard to
this project. A copy of the letter to the Commission is attached.
If you have any questions, please feel free to contact me. My
office number is 845-5841.

/paf
Attachment

City Hall, 43 Broadway • Newport, Rhode Island 02840


Tel: (401) 845-5430 • Fax: (401) 845-2510 • E-mail: elavallee@cityofnewport.com
THE CITY OF NEWPORT, RHODE ISLAND - AMERICA'S FIRST RESORT
DEPARTMENT OF PUBLIC SERVICES

William R. Riccio, Jr" P.B.


Director

Mr. Edward Sanderson


Executive Director
RI Historical Preservation and Heritage Commission
Old State House
150 Benefit Street
Providence, RI 02903

October 15, 2010

Dear Mr. Sanderson:

At its meeting of October 13, 2010, the Newport City Council asked for"the opinion of
the RIHPHC with respect to a current energy savings initiative being planned by the City
of Newport in order to generate energy cost savings associated with the decorative
streetlights along the Bellevue Avenue roadway con'idor. The City has been working
with National Orid on a project to retrofit the existing light fixtures to make the system
much more energy efficient. The project will replace the existing 150 Watt High
Pressure Sodium (HPS) bulbs with 85 Watt Induction kits incorporating 3000 kelvin
. temperature lamps with induction generators. No physical changes are proposed nor
planned for the light poles or pole top light fixtures. The only modification will be to the
"light source itself. As we prepare to provide the council with the requested information,
we respectfully request your opinion on. this proposed initiative. If you have questions
regar /'ng this proposal, please contact me at your earliest convenience. Thank you, in
adv ce, for your assistance with this proposed project.

280 Spring Street, Newport, RI 02840-6815


Telephone 401-845-5840 • Fax 401-842-6919
www.cityofnewport.com
Communication # 4767/10
Docket Date: October 27,2010

City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Jeanne-Marie Napolitano & £~ Council Members
From: Edward F. Lavallee, City Manager EN;;:;;
p uL
Date: October 15,2010 . I {7
Subject: Former U.S. Navy Hospita~ - Public Benefit Conveyance (PBC)
Staff Presentation: Paige R. Bronk - Planning, Zoning, Development & Inspections Director
Applicant Presentation:

RECOMMENDATION

Approve resolution to instruct the City Manager to submit a letter to the National Park Service requesting a Public
Benefit Conveyance (PBC) for waterfront acreage at the former U.S. Navy Hospital and to submit a "Notice of Interest"
letter to the Aquidneck Island Reuse Planning Authority (AIRPA) to secure Newport's request for such PBe.

BACKGROUND AND FINDINGS:

The City of Newport has been planning for the redevelopment of the North End including the reuse of the former U.S.
Navy Hospital. The City has also been coordinating efforts with the U.S. Department of the Interior, National Parks
Service and the Aquidneck Island Reuse Planning Authority (AIRPA) (designated federal local redevelopment agency)
on potentially securing a Public Benefit Conveyance (PBC) for a portion of the Hospital property. A PBC is a
conveyance mechanism used to transfer federal property to a governmental entity at a significantly discounted cost.
Common public purposes are schools, roads, airports, and parks. In the case of a park, the discount can be as high as
100% of value. City staff has analyzed the property closely and recommends that approximately 4.78 acres of property
be sought for a PBC. The attached map illustrates the delineated area. The 4.78 acres is currently used as open space, is
within the 100 year floodplain, contains mature hardwoods, holds a stone pier, and 2.98 acres is classified as
"submerged" land by the federal government.

A municipality pursuing a Public Benefit Conveyance (PBC) must first partner with a federal agency. The National
Parks Service (NPS) is the most appropriate federal partner for a park, recreation and boating use. The NPS has already
visited the property, met with City staff, and is highly supportive of a potential submittal. The NPS has stated that an
approval could occur in less than one week from submittal.

In addition to the NPS letter, the Aquidneck Island Reuse Planning Authority (AIRPA) will also need a "Notice of
Interest" (NO!) for this Public Benefit Conveyance (PBC). The deadline for submittal to the AIRPA is November 22,
2010. Staff has been coordinating with AIRPA on this potential request. The submittal of the NO! to the AIRPA only
initiates a process for considering a PBC for the area. The AIRPA will consider the proposed PBC request, proposed
use, and include this in the final Reuse Plan if deemed appropriate. Ultimately, the Department of Defense makes the
final determination as to whether this property will be transferred through the NPS to the City of Newport for the
proposed use. If approved, SUbsequent documentation will be required from the City of Newport specific to NPS
approvals, property descriptions and land use restrictions.

The submittal of the NPS letter and the AIRPA NOI merely initiate the review and consideration for the PBe request. A
listing of Public Benefit Conveyance (PBC) benefits and obligations specific to this acreage is attached. In summary,
the City has a unique opportunity to secure acreage for public use at a substantially discounted cost and such area can
also be accessed by owners of the upland development parcel.

PREVIOUS LEGISLATIVE ACTION


Resolution # 2010-02
Resolution # 2004-55
Communication # 4767/10
Docket Date: October 27,2010

FISCAL IMPACT
_Currently Budgeted (Account ) _ Requires additional appropriation l No Fiscal Impact

SUPPORTING DOCUMENTS
Resoiution
Draft Letter to National Park Service (NPS)
Draft Letter to Aquidneck Island Reuse Planning Authority (AIRPA)
Listing ofPBC - Benefits/Obligations
Map

Finance Dept Review: Date By: - - - (if applicable)


THE CITY OF NEWPORT

RESOLUTION
OF THE

COUNCIL
No.

WHEREAS, the City of Newport has completed regional and local


planning studies including the former U.S. Navy Hospital
property; and

WHEREAS, the City has expressed interest in ensuring the property


reuse and redevelopment of the former U. S. Navy Hospital
which includes seven (7) acres of land and (3) acres of
"submerged" property; and

WHEREAS, a federally-recognized and funded Local Redevelopment Agency


(LEA) serving Aquidneck Island municipalities has been
created and named the Aquidneck Island Reuse and Planning
Authority (AIRPA) to manage federal reuse and redevelopment
planning functions with a newly hired Reuse Coordinator; and

WHEREAS, the City of Newport has identified land and water areas at
the former U.S. Navy Hospital property suitable for future
public recreation and boating use; and

WHEREAS, the U.S. Department of the Interior, National Park Service,


is the appropriate federal agency to sponsor a "Public
Benefit Conveyance" (PBe) which grants lands and water for
future public use to governments at either no or discount
costs; and

WHEREAS, the City is required to formally communicate with the


National Park Service if interested in seeking a "Public
Benefit Conveyance" (PBC) and formally submit a "Notice of
Interest" request to the LRA - AIRPA prior to November 22,
2010 in order to be eligible for a (PBC). NOW THEREFORE, BE
IT

RESOLVED: that the City Council approves this resolution and instructs
the City Manager to immediately execute and submit a letter
to the National Park Service and also execute and submit an
"Notice of Interest" letter to the LRA - AIRPA to secure
Newport's request for a \\public Benefit Conveyance" along
the waterfront including land and water approximately 4.78
acres in size; and prepare and submit related administrative
documents consistent with the Council's endorsement of the
request for the Public Benefit Conveyance.

IN CODNCIL

READ AND PASSED

Kathleen M. Silvia
City Clerk
October 28, 2010

Ms. Elyse LaForest


U.S. Department of the Interior
National Park Service
15 State Street
Boston, MA 02109-3572

Dear Elyse:

The City of Newport appreciates your ongoing assistance to the City with the "Federal Lands to Parks"
submittal for the former U.S. Navy Hospital property. Newport has completed local and regional
planning efforts for this area and a highly suitable zone for future public use has been delineated. We
are planning on submitting documentation to the federally-recognized LRA (Aquidneck Island Reuse
Planning Authority) for this purpose.

The City of Newport formally requests sponsorship from the U.S. Department of the Interior, National
Parks Service (NPS) for Newport's efforts to protect and secure approximately 4.78 acres of property
(1.80 acres of land and 2.98 acres of "underwater" acreage through a Public Benefit Conveyance (PBe).
The attached map delineates that approximate boundaries of this area. Assuming that the NPS
approves the City's request, it is our understanding that the NPS will notify appropriate federal, state
and regional entities of the City's interest and the NPS sponsorship.

As described in the "Federal Lands to Parks" formal application, the City of Newport is willing to provide
more detailed information such as a survey and other related material in the future. According to
federal documentation, the PBC will involve "a transfer of surplus Federal property to a state or local
government, typically at no cost, for a congressionally authorized public purpose, such as an airport,
park, or schooi" after the LRA Reuse Planning process is completed and approved. Approved recipients
may receive these conveyances at a substantial discount (up to 100 percent of fair market value).
Newport intends to use the delineated property for park, trail, recreation, water transportation,
transient boating (docks & moorings) purposes, and to preserve existing forest and floodplain areas. In
addition, the upland area outside of the proposed NPS will require future access across this zone for
water access. As the anticipated future owner of this parkland, the City of Newport intends to grant
limited access for this future use.

The City of Newport will need to provide documentation to the LRA (AIRPA) by Monday, November 22,
2010. Please accept this letter and attached resolution as our official request for federal sponsorship of
this PBC. If additional information is required, please contact me at (401) 845-5430,
elavallee@cityofnewport.com or Paige Bronk, Director of Planning, at (401) 845-5450,
pbronk@cityofnewport.com.

Sincerely,

Edward F. Lavallee,
City Manager
November _ _- " 2010

Julie Oakley
Property Reuse Coordinator, AIRPA
437 Broadway
Newport, RI 02840

Dear Julie,

The City of Newport has been planning for redevelopment in the Newport's North End and
Aquidneck Island's West Side for years. The City has also been coordinating with federal, state
and local agencies throughout the BRAC process. Newport's primarily interest involves the
eventual reuse and redevelopment of the former U.S. Navy Hospital.

Please accept this submittal as the City of Newport's "Notice of Interest" (NOI) for a "Public
Benefit Conveyance" (PBe) at the former U.S. Navy Hospital site. We are requesting
approximately 1.80 acres of land and 2.98 acres of water area ("submerged land") inclusive of
the stone pier. The proposed use is generally for park and water-related recreation including
boating and water transportation. We have pursued and gained federal sponsorship from the
U.S. Secretary of the Interior, National Parks Service (NPS) for this property. Attached to this
letter are the following items supporting Newport's request:

• Correspondence from the City to the NPS,


• City Council resolution endorsing the PBC request,
• City of Newport governmental profile,
• Proposed uses for the PBC property,
• Description of PBC property including narrative and map,
• City of Newport organizational capacity, and
• Other supporting documentation.

Thank you for accepting our NOI request for the waterfront portion of the former U.S. Navy
Hospital property. If you need additional information or have questions regarding Newport's
submittal, please contact me at (401) 845-5430, elavallee@citvofnewport.com or Paige Bronk
at (401) 845-5450, pbronk@cityofnewport.com.

Sincerely,

Edward F. Lavallee,
City Manager
Former U.S. Navy Hospital
BRAC Process - Reuse Plan Development
Public Benefit Conveyance (PBe) Request for approximately 4.78 acres

Land area north of stone pier (approximately 1.55 acres) *


Land area south of stone pier (approximately 0.25 acres) *
Water area and stone pier (approximately 2.98 acres) *

* not surveyed
PUBLIC BENEFIT CONVEYANCES (pBC)

Benefits:

• Property can be transferred to the City at a discounted cost. For parkland, often discounted
up to 100%.
• Removal of the PBC acreage decreases the acquisition cost for the remaining developable
land area.
• The City of Newport can collect fees to use the water portion of this property including
transient boating and moorings.
• Property can extend an existing open space system (Washington Street Extension) and
possibly link with other parcels in the future for bikeway and walkways from downtown.
• Stone Pier is in excellent condition relative to others in the City and can provide for another
access point for water based transportation (harbor shuttle).
• Property is one of the best locations for viewing Narragansett Bay.
• The future developer of the upland area can also use this park and as an amenity for the
development.
• National Park Service is a relatively easy federal agency with which to partner.
• Protection of 100 year floodplain and mature forested area.

Obligations:

• A minimum 30 year public access and use agreement with the National Park Service.
Maximum term might be a perpetual agreement.
• AIRPA must approve this PBC request and include it in the Reuse/Redevelopment Plan.
• The use cannot be changed after the AIRPA plan is completed.
• The Department of Defense also will need to agree to this proposed park use.
• This acreage is removed from potential property tax (only an issue for residential, not
commercial uses)
• Potential loss of privacy for private use (only an issue for residential, not commercial uses)
CITY OF NEWPORT
RESOLUTION
OF
THE COUNCIL
NO. 2010-02

WHEREAS, the City of Newport has been actively involved in pursuing


opportunities for acquisition of properties in the north end of the City
for future economic development; and

WHEREAS, certain parcels of land that comprise Naval Station Newport are
proposed for excess as part of the nationwide Base Realignment
and Closure process; and

WHEREAS, one of the idehtlfled parcel for disposal is an eight..acre section of


land abutting Third Street in Newport, and encompassing the site of
the former Navy Hospital; and

WHEREAS, when the C{ty has invested considerable energies to during the past
two years in the interest of,acquiring the Naval Hospital site; and

,WHEREAS, such involvement includes participating in the formation and


operation of an Island-wide Local Redevelopment Agency for
purposes of meeting federal mandates and for" working with state
and federal agencies towards application for anticipated excessed
federal properties; and

WHEREAS, acquisition and redevelopment of the Naval Hospital site would be a


key component in support of the City's north end development plan;
would provide opportunities for property value impr9vement,
enhanced public use, and overall community benefit. NOW,
THEREFORE, BE IT

RESOLVED: that the Newport City Council communicate to. State and Federal
legislators the City's earnest Interest In acquiring the Naval Hospital
site for redevelopment, and convey that such acquisition would be of
significant public benefit in support of the City's economic
development plan. AND BE IT FURTHER

RESOLVED: that the City Council request of the legislative delegation their
assistance and support in the City's efforts to acquire the excessed
property.

KATHRYN E. LEONARD
IN COUNCIL
READ AND PASSED
THE CITY OF NEWPORT

RESOLUTION
OF THE

COUNCIL
No. 2.0.0.4::55 ..

WHEREAS, the U.S. Navy has actively promoted and


marketed certain ·properties on Aquidneck
Island and Newport for sale, lease and
redevelopment since July, 2003; and
WHEREAS, the Navy Hospital property, located in the.
North End and 'adjacent to the historic Point
Neighborhood, will also be marketed in the
near future for probabl€ sale and
redevelopment; and
WHEREAS, the City desires that the private development
of. this parcel meet community redevelopment
parameters including economics,
transportation, job creation, water access,
property --taxes, and overall community
character; and
WHEREAS, the City of Newport believes that the only
means for ensuring that this land is developed
wi th full compliance with all community
standards is to acquire it· and guide its
redevelopment. NOW THER~FORE BE IT
RESOLVED: the City of Newport authorizes and directs the
City Administration to explore partnerships
with the U.S. Navy, state and federal agencies
to initiate discussions regarding the
acquisition of the U.S. Navy Hospital property
located on Third Street.

IN COUNCIL

READ AND PASSED Ml\R 2, 4. 1004

~7h.~
Kathleen M. Silvia
City Clerk
I u ~r} 7-/0
Page 1 of I («Event_Holden»
CITY OF NEWPORT, RHODE ISLAND

DAILY UQUQ..R LICENSE APPLICATION


rr:\~'!;;I>ai~f: ····JiJ='i!· i"·)
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT: i; i;N:' ,Il) "Jjp ~ ~; ; i ;';1
SpecifY Class (F, F-l, or F-2 which?) Q CLASS Liquor License 11J tIll r/'f-: 1 5 }3J- 1': :-,
(Class F is Beer & Wine; Class F~l is Full Pnvilege; Class F-2 is Auctioni,·/c(~3~/-_1
DESIGNATION OF APPLICANT(mdIcate WhICh): .~,,-- .... ",. '""." ..
R.I. Non-Business Corp. or Religious Org. or Political Org. or Caterer? R. I Non-Business Corp.
STATEMENT OF PURPOSE: Offering 1igl1t refresl1ments before concert

STATEMENT OF DISTRIBUTION OF PROFITS (if requested without fee) -'N""/""A _

TTY· 77 'Hza 3Tm . T 7 77 r tU'· 7775ti"fffiiW'tf'T TZFWmgWm;;zp wz:' T perTS me m


g·'wn·
Date(s) of Event: November 17, 2010

Time(s): (specifya.m.orp.m.) 5,30p.m. to 8:00p.m.

Event Name/Type 1
1 Newport Music Festival - Fall Concert

Location of Event: ocl1re Court, Salve Regina Universi ty

Organization/Corporate Name: Rhode Island Arts Foundation at Newport, Inc.

D/B/A NAME: Newport Music Festival

BUSINESS ADDRESS: I PO Box 3300, Newport RI 02840

BUSINESS PHONE: I
. 401-846-1133
I
.
ALTERNATE PHONE: I 401-846-1140

NOTE: Alcoholic Beverages Must Be Purchased from a Rhode Island Wholesaler Licensee,
except Caterers, who must purchase alcoholic beverages from a Rhode Island Class A
Package Store. .
APPLICANT: -lilt tc-tL Mt~-VI'c.t.~",­ Mark Malkovich, General Manager
SIGNATURE PRINT APPLICANT NAME/TITLE

o INITIALLING HERE INDICATES RECEIPT OF APPLICAnON FOR MINOR BOOK.

ACTION BY COUNCIL DATE ~ _


FILING FEE $15.00 DATE PAID 10 ._/ ~r-I cJ -;t1,-j'.
LICENSE FEE DAILY (F=$15, F-l= $35, F-2= $35

TOTAL LICENSE FEE (for # of_I_Days) IS $ IS DATE PAID 10 -I S--f()4,·d.


DATE ISSUED ISSUED BY _ _
C:\My Docull)(~nt,\J{),'\N'S\i)tlLIJBas{'~:~002\Sp{'Clf!1;: v~'llf plu:> ; )llta FS,lS(:\Dn;j~,J.j(j~j{lr\i)ai I\'! iqUOf;\ Pllh':.;'" \-k,,!!.,'.- .doc
Lil~l prjl1it:J O:Jf2IHJ2 ..J:o-1 P~-j lD ,dLk
STATE OF RHODE ISLAND Newport 2010-2011
BOARD OF LICENSING COMMISSIONERS
APPLICATION FOR LICENSE FOR CORPORATION OR LLC
RETAILER CLASS: License Number: 409
I BH

OWNERSHIP: LaSalle Hotel Lessee, Inc. r'


!I I">.
'I' :: :, ( ' i . "."
.e., '
,: !""
,-- -., ..........
"
,i; ,
D/B/A: ,
Hotel Viking
!Ii, JI ,
',' i

I
10'
:";'-"t'

i. 6: 1/1
Premises: One Bellevue Ave.
'I . ., ,
.-.,-~ ..
"f 11'- ...." '." I
State - Incomorated: I IL IDate of Incornoration: I 3/24/1998 I BusiriegS'Tele~~&\ftfNlJ:lC[~~7~~~?OJ
Name, Address and Tel. # of All Officers (if LLC, List Mana~er under President and chan~e title to "Mana~er"\:
TITLE NAME HOME ADDRESS TELEPHONE
President Michael Barnello 88 I I Clewerwall Dr., Bethesda, MD 208 I 7 30 I -469-8669
Vice~Pres. Ian Gatilr> 4501 Yuma St., Washin~ton, DC 20016 202-387-3 110
Secretary Hans Weger 630 I Berkshire Dr., Bethesda, mD 20814 301-941-1512
Treasurer Hans Weger 301-941-1512

Name of Each Director/Board Member Address


Michael Barnello 3 Bethesda Metro Center Ste 1200 Bethesda,
Ian Ga16lM
Hans Weger

..
Mallmg Address: Choose a) Bnsmess Address, or b) Owner Address, or c) Other. If Other Please speCIfy below:
1 Bellevue AV, Newport, RI 02840

If Corporation, Classes of Stock: Amount of This Class Authorized: Amount of This Class Issued:
.
Common 1,000 100
": .. ,

'Name Registered Stock Owners OR LLC Members w/%interest Class(es) of Stock Amount of Stock OR LLC %
LaSalle Hotel Operatin!! Partnership, Common 100

- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW THIS LINE - - - - - - - - - - - - - - - - - - - - - - - - - -


Filing Fee: ~ Date Paid: I I License Fee: I 500 IDate Paid: I SEP 1trllml /4J.JJ
Approved by Council_________ Disapproved by Council _
Issued By Date License & Section 5.12 Received by _
Liquor Application by Corporation Class BT # 409 Entity: Corporation
Last prillkd 7i2.l);2UIO 3:57 P1\.·1 me mlllW: t iy JUI.J.cnW.Papp1\-krgl'
STATE OF RHODE ISLAND Newport 2010-2011
D/B/A: Hotel Viking

• For each yes and no question, please write in YES if yes or NO ifno.
• Where necessary, use additional pages for explanations.
Is any of the above stock pledged? I No I- If yes, provide details: •--=============
Is .ap~Iication on ~eh.alf of undisclosed E ] • Ifyes, give details: I
prmclpal or party In mterest? r----=:;-------~==~---------

Does Applicant Own premiSeS?E]-property Mortgaged? • Property LeasedG.


If Mortgaged or Leased: Amount of Extent: (will call)
t---------'-------------------------,
Name and Address of Mortgagee or Lessee: LaSalle Hotel Lessee Inc.. 3 Bethesda Metro Center 1200. Bethesda. MD
Have any of the applicants ever been arrested or convicted of a crime? • If yes, explain: •

Is any other business to be carried on in Licensed Premises? • If yes, explain: •

Is any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? • If yes, explain: •

I
Do any of the applicants have any interest, direct or indirect, as principle or associate, or in any manner whatsoever, in any retail
license issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended? ~ - If yes, explain: •

other business?

State amount of capital invested in the business. 500000


l...- .....J

Certificate of liability. Insurance and Proof of Worker's Compensation Insurance must be attached.

........................ .........••......................•••••••••
· .... ......•.... ..
the above statements are true to the best of my knowledge and belief:

...
~.~ ~ ~

··
.................... ........•• ~~~ .. ...................•
~ ~~
I 0; b1//o . I
Page 1 of 2 STATE OF RHODE ISLAND Newport 2010-2011 _
BOARD OF LICENSING COMM]S~.IO..Ni;~R;,S, '. :\ , , ' ,
APPLICATION FOR LICENSE FOR CORP'ORA1TION OR LLC
RETAILER CLASS: I BH License Number: 201 !.' :
,
SEP 1 4 2010
I
I \ .J
OWNERSHIP: Target Two, Inc. i
j l. .- ~- ~.
i
;

I, -'.'-'~--'."-<-'-"- -
D/B/A: Cliffside Inn

Premises: 2 Seaview Ave.

State - Incomorated: I RI rDate ofIncomoration: I 12/13/199 I Business Telephone No: I 847-1811

Name, Address and Tel. # of All Officers (ifLLC, List Manager under President and change title to "Manager"':
TITLE NAME HOME ADDRESS TELEPHONE
President Elizabeth A. Baker 37 Musket Ridge RD, Wilton, CT 06887 (203) 762-0696 .
Vice-Pres. none -- --
Secretary Winthrop Baker 2 Seaview Ave., Newport, Rl 02840 401-847-1811
Treasurer none -- .-

Name of Each Director/Board Member Address


Elizabeth A. Baker same as President
none
Winthrop Baker
2 Seaview Ave., Newport, Rl 02840

Jf.9'!p'ora!i!!~_.gJ~ssesof Stock: Amount of This Class Authorized: Amount of This Class Issued:
Common 1,000 1,000

Name Registered Stock Owners OR LLC Members w/%interest Class(es) of Stock Amount of Stock OR LLC %
Elizabeth A. Baker Common 1000

- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW THIS LINE .. - - - - - - - - - - - - - - - - - - - - - - - - -


Filing Fee: ~ DatePaid:/q'-/t-f-fO¥-;1. License Fee: I 500 IDate Paid: I q . . I'1- f rJd,"":? I
Approved by Council Disapproved by Council _
Issued By Date License & Section 5.12 Received by _
Liquor Application by Corporation Class BH # 201 Entity: Corporation
Las1 printed 7/)9i 2t:J 0 .,:25 1'1\'l file IWllle: Li'.jl (!lLCn)RPapp~1l'rg(;
Page 2 of2 STATE OF RHODE ISLAND Newport 2010-2011
I D/B/A: Cliffside Inn

• For each yes and no question, please write in YES if yes or NO if no.
• Where necessary, use additional pages for explanations.
Is any of the above stock pledged? ~. If yes, provide details: •
Is .ap~lication on ~eh.alfofundisClosed~. If yes, give details: I--=======::========::::;
prmclpal or party III mterest? .--_~;--------;:==;-~----------

Does Applicant ownpremises?B.property Mortgaged? Yes • Property Leased'G.


lfMortgaged or Leased: Amount of Extent: $1,000,000
I-_~ ....l- --,

Name and Address of Mortgagee or Lessee: CG·iHitH!i!l!ee8818'1o-1Q~a!tfl'J~tk~. ""i--16ffiM~~~


L-_..;.;....'-- ...,......_ _ ........
~---""--':...;..:.~';:;;';O+ ;........:.>O:=".=...=--'-'~....:...:...-..:::.-'-'-'~
r
Have any of the applicants ever been arrested or convicted of a crime?

Is any other business to be carried on in Licensed Premises? • If yes, explain: •

Is any Officer, Board Member, Stockholder engaged in any manner as a Law EnforcementOfficer? • If yes, explain: •

Do any of the applicants have any interest, direct or indirect, as principle or associate, or in any manner whatsoever, in any retail
license issued under Ch.. 3-7 ofR.l.G.L., 1956, as amended? ~. If yes, explain: •

State amount of capital invested in the business. L-~


2000000 --'

Certificate of Liability Insurance and Proof of Worker's Compensation Insurancemuslbe attached .

.................... ~ ~ .,•
.................. ~ ~
.,
.

Applicant * (see note below)

~Z:';C~
WITNESS of Licensing Board or NOTARY PUBLIC
*NOTE: .• ~C)rnew!tra~!tfer,.~xJ)ansion,.~rrenewal theownerls) must s19 11 , In a corp~rat!On,the()ffiC~r~'~b~Uld
sign;JnanLLC!the"~esigruitedm'ana9~i'''andamemberareto sign. Wearenolong~rlo accepfthesltJllsture
ofamanager<()ra~torneyonbeh.alfot;theo~ner;. .. . .... . .
1. Everyqtiestion.onAppUe~tionForm must be answered.. Any false statement made by the Applicant will be sufficient
grounds for the denhd of the application or the revocation of the license in case one hasbeengranted~
2. Corporations having 25 or more stockholders need not file a Jist of the names and addresses c)f Stockholders (Question #8).
3. Attention is called to the requiremefitsofthe 1963 amendment of Section 3-5-10 of the General Laws.
a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.
b. Any acquisition by any person of more than ten percent (10%) of any class of corporate stock must be reported
within 30 days.
c. Any transfer of fifty percent (50%) or more of any class of corporate stock can be made only by written application
to the licensing board subject to the procedures for a transfer of a license.
Liquor Application by Corporation Class BH # 201 Entity: Corporation
l.ast prillkd 7/29/2UIO 3:2~ Pi\-l lJlc nallle: l.iqlOt.l.CCORI'<IppMergc
CITY OF NEWPORT
Board of Licensing Commia~luners

If Change of Stockholdors, List OLD & NEW Stockholders: (attach !llepm'llte flheet if neCfltil~En'Y)

~~c=c.·.~,."=
.... =._c_=
...=c.=~=.=~~=======

OATE on OA in COMMnl§;foN EXPIRES IF NOTARY

;';~;;~~;;;;~~-1~1~!_U': o~: -~-~~-'--"'~~-----"--


Ucemie Issued by: ~~,~_===~=~_~,~. Date hHlU@d; ~==~=_ _=

ACTION OF COUNCIL ,,~c~e.~~-'------'--' ACTION DATrL.. .__ ._~~~ =~o_

AppOll.lqljul'-l mll~r~r
Page 1 of2 STATE OF RHODE ISLAND
BOARD OF LICENSING COMMISSIONE
APPLICATION FOR LICENSE BY CORPORATI
RETAILER CLASS: FilJ i.n L~ ~ I or Ci.rcle One: A, H BM, BT, BV, BVL, C

D/B/A:
Premises:

Name. Address and Tel. # of All Officers (ifLLC. List Manager under President and chan e title to "Manaaer"):
TITLE
President

Vice-Pres.

Secret~ry

Treasurer

Mailing Address: Choose a) Business Address, 0 wner Address, Or c) Other. If Other Please specify below:

Amount of This Class Issued:

-----------------------------DO NOT WRITE BELOW i;)?'INi"-----------


t
u - - - - - - - - - --

Liquor Appl ication by Corporation CJass (Class_of_License" # (Number_of_License» Entity «(ApplicarionT)'pen


Page 2 of2 STATE OF RHODE ISLAND Newport'
[ D/B/A: (A tfEi\..o...::...~~\~If\->-V\~---:-_~~::-::::-:-:::-_-:--:;-:::.--:-::;--- _
• For each yes and no questIOn, please wnte III YES if yes or NO If no.
.. VYhere necessary, use additional pages for explanations.
Is any ofthe above stock Pledged?/ f\JD /- Ifyes, provide details: ..
I I
Is application on behalf ofundisclosed principal or party in interest? }oj 0 J • If yes, give details:

I I
Does Applicant Own PremiseS?) V'tS .~Property Mortgaged1 " tS I- Property Leas I., .,
If Mortgaged or Leased: Amount of Extent: k l !l ~ OD JJ DO (vvhLt«JGCtta o:t-ttos~
Name and Address of Mortgagee or Lessee: Tibb
J

Have any of the applicants ever been arrested or convicted of a crime? Ir-.S'D I- If yes, explain: •

I I
Is any other business to be carried on in Licensed Premises? ItJ D I• If yes, explain: •
I I
Is any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? IIJ'b I- If yes, explain: •

J I
Do any of the applicants have any mterest, dlI'ect or mdlfect, as pnnclple or assOClate, or III any manner whatsoever, many retatl
license issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended? • If yes, explain: ..

• If yes, explain (use separate page if necessmy.) •

State amount of capital invested in the business. J ~ Job ._


~~----~-~--~~-----~--~-~~---~~--~~~---

I hereby certify that the above statements are true to the best of my knowledge and belief:

hltlALW~
.~~-
I ~11)
Date of Signature

. ,~~~
. _~-J-~~'---"'''_'L._ n - up · - - · .. ·-lhstTuCtioris[orApplicaiits ·....
II 1€~j~"S
.. .
1. Every question on Application Fonn must be answered. Any false statement made by the Applicant will be sufficient grounds for
the denial of the application or the revocation of the license in case one has been granted. (
2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).
3. Attention is called to the requirements of the 1963 amendment of Section 3-5-10 ofthe General Laws.
a. All neWly elected officers or directors must be reported to the Board of License Commissioners within 30 days.
b. Any acquisition by any person of more than ten percent (l0%) of any class of corporate stock must be reported within 30 days.
c. Any transfer of fifty percent (50%) or more of any class of corporate stock can be made only by written application to the
licensing board SUbject to the procedures for a transfer of a license.
COpy SHALL BE FORWARDED TO LIQUOR CONTROL ADMINISTRATION BY CITY CLERK
NEW APPLICANTS: ----- .. ------ A roval from Police - - B.C.r. Section for fmgerprinting and a routine check was made.
'NOTE: For new, transfer, expansion, or renewal the owner(s) must sign. In a corporation, the officers should sign; in an LlC, the "designated
manager" and members are to sign. Weare no longer to accept the signature of a manager or attorney on behalf of the owner.

Liquor Application by Corporation Class «Class_oCLicensc}) # «Number_of_Licenseff Entity: «AppJicationTypefl


L3St printed 09/0:-,NJ2 II :.15 /\lv1
"I '\
I~~) l~ ~
~ - ( v .J..-AJ--'~.
IS llD IS 1I W

UUrwP}~10-l LU
CITY OF NEWPORT
Board of Licensing Commissioners
-. _'~h.~'.~
CIlY OF NE1/PORr
.........._ - _CITY
. CLERK'S O:·;:CE
__< r _ , _
APPLICATION FOR TRANSFER OF ALCOHOLIC BEVERAGE LICENSE
DATE September 24, 2010

Check Here That Applicant(s) has/have presented himselflherself at the B.C.I. Section of the
Newport Police Department forfmgerprinting and a routine check has been completed. _ _

CLASS --_.A XX BL BT BV C D E J
TYPE OF TRANSFER _ _ _OWNERSHIP XX LOCATION STOCK
_ _ _OTHER} Explain _

NAME OF TRANSFEROR SEA SHAI HABACHI GARDEN, INC.


D/B/ASEA SHAI HABACHI GARDEN, INC. TEL. # (401) 474-5960
BUSINESS ADDRESS 10A-14 LONG WHARF MALL SOUTH, FIRST FLOOR
:1.-,.",.

Transferor hereby petitions the Licensing Board to transfer the said license to:
NAME OF TRANSFEREE NORTH ITALIAN RESTAURANT BRIO, INC.
4-t.~ A-
D/B/A ~ ITALIAN RESTAURANT I PIZZA LUCIA TEL. # (401) 846-4477
NEW LOCATION} if applicable_1_8_6B_-_1_9_0B_ _THAME
_ _S_STREET _

If Change of Stockholders, List OLD & NEW Stockholders: (attach separate sheet if necessary)
SEE ATTACHED EXHIBIT A

6e.c.. ~~ y., b..:te~. GAr.4n r!nc.-


" ~ t?j ~ ITt(,J cr f[, 1~6 .
T ~EORSIGNATU PRINT NAME
::s htfd-c\3.
WI1NE~ qFtlC.E
E!'NSING BObRP· Y PUBLIC DATE OR DATE COMMISSION EXPIRES IF NOTARY
\D
~
~~L.~'\,.,\';W\ NORTH ITALINAN RESTAURANT BRIO, INC.
A. 0 By: LUCIA TACCI
(.~ c./\ - \ tL~~1 ~ Its: PRESIDENT
TRANSFEREE SIGNATURE PRINT NAME
~ 6!~'f/13
WITNESS OF LICENSING BOARD OR NOTARY PUBLIC DATE OR DATE COMMISSION EXPIRES IF NOTARY
fU..-'/24/1:"1"2.- e. . 5' (0 rt

License Issued by: Date Issued: _


ACTION OF COUNCIL _ ACTION DATE
------

. App03Liqu(ll'lrilllsfer
"[~~[ID]~]III
BOARD~:~~~~~O I'il J1"
Page 1 of2
SEP 28...2
. .010.
APPLICATIONFORLICENSEBYCDRlDRATI IN LLC
RETAILERCIASS:Fillin IBL I orCircleOne:A,BH,BX,BT,SV,BVL,C E,ED,J!:!~~fl&~Ttt~.G.~
I OWNERSHIP: NORTH ITALIAN RESTAURANT BRIO, INC.
LUCIA ITALIAN RESTAURANT / PIZZA LUCIA
Premises.
186B-190B THAMES STREET, NEWPORT, RI
StateofIncotporation IRI IDate ofIncomomtion I 4/])3/1993] Business TeleohoneNo: 1(401) 846-4477
Name, Address and Tel. 9 ofAll Officers (ifLLC, List Manager under President and change title to 'Manager'):
TIILE NAME HOMEADDRESS 'IEl.EPHONE
President LUCIA TACCHI 25 ANNANDALE ROAD, NEWPORT (401) 846-4477
Vice-Pres. ENNIO LUISON 25 ANNANDALE ROAD, NEWPORT
Secretary ANNA ROSA 5 ROSENEATH AVENUE, NEWPORT
Treasurer GABRIELLA STEDILE 70 RESERVATION ROAD, FAIRHAVEN, MA

Name ofEach DirectorIBoordMember Address


SEE LIST OF OFFICERS
<.

Mailing Address: Choose a) Business Address. or b) Owner Address, ore) Other. If'Other Pleas:e~below:
r-----------~----~~---------------------------------------~---------------~~------------------
I I

:L ~ ~~ 186B-190B THAMES STREET, NEWPORT,


__ RI ~ ~ ~ J :

IfCorporation, Classes ofStock: Ammmt ofThis Class Authorized Ammmt ofThis Oass Issued:
COMMON 3000 500

NameR! Stock Owners OR LLC Members wfl./o interest Class(es) ofStock AmountofStockORlLC %
SEE ATTACHED EXHIBIT A

- ~ - - - ~ - ~ -DONarWRITEBELOWTHISLlNE - ~ - ~ ~ - ~ -
Filing Fee-I $25 I Date Paid: I I License Fee: I I Date Paid: I I
Approved by Cotnlci1 _ Disapproved by Council _
Issued By Date _
L1quorApplicatlonby Corporation Class (Class of License» # ((Number of License)) Entity ((ApplicationType»)
P. e 2 of2 STA'IEOFRHODEISlAND Newport
D'BIA LUCIA ITALlAN RESTAURANT / PIZZA LUCIA
• For each yes and no question, please write in YES if Yes Or NO if no.
* Where necessary, use additional pages for explanations.
Is any ofthe above stock pledged? NO· ifyes, provide details: +

Is application on behalfoftmdisclosed principal or party in interest? NO- Ifyes, give details:

Does Applicant Own Premises? NO· property M~? UNK· PropertyLeas YES •
If Mortgaged or Leased: AmOtUlt ofExtent: MONTHLY RENT
1--------------''------------------------.
Name and Address ofMortgagee or Lessee: DAVID BAZARSKY, AQUIDNECKAVE., MIDDLETOWN, RI
Have any ofthe applicants ever been arrested or convicted ofacrime? NO - Ifyes, explain: •

Is any other business to be canied on in Licensed Premises? NO • Ifyes, explain: +

Is any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer?
• ifyes, explain +

Do any ofthe applicants have any interest, direct or indirect, as principle or associate, or in any manner whatsoever, in any retail
license issued tmder Ch. 3-7ofRLG.L., 1956, as amended? IN 0 I·
Ifyes, explain: +

I !
Is Applicant the owner or operatorofany other business? INO I- ifyes, explain (use separate page ifnecessary.) •
I I
State amount ofcapital invested in the business.
$250,000.00

I hereby certifYthat1he above statements are true to the. best ofmy lmowledge and belief

~~ --z:;;~
Signature ofApplicant * (see note below)
i I I 2lJ.rtLo
DateofSiiit1ature

~ II 7/~11lj}
Witness ofLicensing Board DateofWitness
fustrnctions for Applicants
1. Every question on Application Form must be answered. Any:fulse sta1ement made by the Applicant will be sufficient grounds for
the denial ofthe application or the revocation ofthe license in case one has been granted
2. COlporations having 25 or more stockholders need not file a list ofthe names and addresses ofStockholders (Question #8)
3. Attention is called to the requirements ofthe 1963 amendment ofSection 3-5-10 ofthe General Laws.
a All newly elected officers or directors mustbe reported to the Board ofLicense Commissioners within 30 days.
b. Any acquisition by any person ofmore than tenpercent (10%) ofany class ofcotpOrate stock must be reported within 30 days.
c. Any transfer of fifty percent (500,10) or more ofany class ofcorporate stock can be made only by written application to the
licensing board subject to the procedures for a transfer ofa license.
mPVSHALLBEFORWARDEDlDI1QUORCDNIROLADMINISIRATIONBYCIIYCLERK
NEW APPliCANTS: -.- - - A roval:from Police - RC.I. Section fur tin 'ntin and a routine check was made.
NOIE For newtransrer expansion or renewal1he ownet(s) must sign. in a corpomtion, the officers should sign; in an LLC, the "designated"
manager' andmembers are 10 sign. We are no longer to accept the signature ofa manageror attorney on behalfofthe owner.
Liquor Application by Corporation Class «Class ofLicense)) # «(Number_oCLi=)) Entity: ((Application'JYpe))
LUCIA
Italian Restaurant
North Italian RestiUiriUlt1fi1o;ntCPOOne''JllT~=>lf<lo::"'i41774(Jr::«8"'<fr-oTS3,}'iii: 2ffir..::'m~=-9lJ'ffi}·

List of Shareholders:

Name Address Number of Shares

LUCIATAccm 25 Annandale Rd. - Newport, RI 02840 71.70

ENNIO LUiSON 25 Annandale Rd. - Newport, RI 02840 113.75

LAMBERTO CAVALLARO Viale Per Maria Rossi 4 -Panna- 43131 - ITALY 28.40

GABRIELLA STEDILE 70 Rese1Vlltion Rd - Fairhaven, MA 02719 51.60

ANNA ROSA 5 Roseneath Ave· Newport, RI 02840 99.55

ANNAMARIA SACCHINI 14 Bedworth Pl.· Ryde-P033 2RF -I.O.W. U.K. 135.00

total issued 500.00

186B - 190B Thames Street - Newport - R.I. 02840


www.luciarestaurant.com
i'i: \i I'" 11": ) 1 ,i:':' !I,I
...
'
:
i .1,:. .,
I) ~ ~ '/.f:' -. .
iq ";II
lU hi SEP 2 7 2010
I ) i
Mil ha~rS. ,pezzuIIC)···l
t"'J.-~. .Attorney~atLaw bn~_c._.~
f
..'

917 Reservoir Avenue, Cranston, Rhode Island 02910


Tel: 401-944-9600
Fax: 401-942-7670

September 23,2010

City Clerk's Office


Newport City Hall
43 Broadway
Newport RI 02840

RE: My Client: Sysco Boston, LLC f/k/a Hallsmith-Sysco Food Services, LLC
Licensees: SeaShai Hibachi Garden, Inc., Jung Lee and Kyu Jeong

Dear Clerk:

Please be advised that this office represents Sysco Boston, LLC f/k/a Hallsmith-Sysco
Food Services, LLC, a creditor of SeaShai Hibachi Garden, Inc., Jung Lee and Kyu Jeong, who
are indebted to Sysco Boston, LLC f/k/a Hallsmith-Sysco Food Services, LLC, in the amount of
$4,878.35, which was utilized by SeaShai Hibachi Garg.en, Inc., Jung Lee and Kyu Jeong, in the
operation of business premises located at 14 Long Wharf Mall, Newport, Rhode Island.

Notice is hereby given to you pursuant to RIGL § 3-5-19 of the Objection of Sysco
Boston, LLC f/k/a Hallsmith-Sysco Food Services, LLC, to the transfer of the Liquor License of
SeaShai Hibachi Garden, Inc., Jung Lee and Kyu Jeong, unless and until the obligation in the
above-referenced matter has been paid in full.

Please place this Notice in the permanent file of SeaShai Hibachi Garden, Inc., Jung Lee
and Kyu Jeong.

Thank you in advance for your cooperation.


OCT-19-2010 07:47 FROM: TO: 4018498757

PAUL J. PISANO
Attorney

October 18. 2010

City Counsel SiUing as Board


Of Licenses Commissioners
NewPOrt City Hall
43 Broadway
Newport, RI 02820

In a",cordance with the provisions of Section 3-5-19 of the General Laws of Rhode
Island (1956), as omended, please be advised that objection is hereby made to
tbe liquor license transfer of Sea Shai IDbachi Garden. Inc•• d/b/a Sea Shai Hibachi
Garden, hearing date October 27,2010 for the rea~on that ~aid Sea Shai Hibachi
Ga,rdll" i~ indehted I'~ folloWR:

RI Distributin~ Company $ 4,604.21

"l.11e above indebtedness was incurred in the operation ofthc premises at 10A-14 Long
Wharf Mall South, Newpol1 RI. In accordance with the above-quoted stlltute, it is
respectfully requested that the said license not be transferred unless the indebtedness is
paid in full.

2:35 Cowesoll Rond • Warwick, IlhodA Island 0281l(1 • Tel.: (<l.OJ) 1l1l4-IlRr,o • rn"~.lIr@cox.nel
OCT - 6 2.010
CITY OF NEWPORT
. ,!
\ ; .. .1
Board of Licensing Commissioners
l L ..
APPLICATION FOR TRANSFER OF ALCOHOLIC BEVERAGE LICENSE
DATE :"1'6]5/10
Check Here That Applicant(s) has/have presented himself/herself at the B.C.I. Section of the
Newport Police Department for fmgerprinting and a rout/heCk has been completed. _ _

CLASS A BL . / BT BV \/ C D E J
TYPE OF TRANSFER 'vI OWNERSHIP LOCAnON STOCK
_ _ _OTHER, Explain'--- _
NAME OF TRANSFEROR Richard J. Land, Receiver of Rhode Island Quahog
Company Restaurants, LtC
D/B/A TEL. # 401-273-8300
._--------------------
BUSINESS ADDRESS 250 Thames street, Newport, RI 02840

Transferor hereby petitions the Licensing Board to transfer the said license to:
NAME OF TRANSFEREE (.o..l('"\t::,</ -S",<., \...\r.. C
D/BIA. .'_-"r-4-13-bt--).!l£0
W

T EL. # l\ 6 \ 't~ '-'\ 2,67 C{.


NEW LOCATION, ifapplicable _

If Change of Stockholders, List OLD & NEW Stockholders: (attach separate sheet if necessary)

Richard J. Land, as and only as Receiver of


___--c RhcX1e Island Quahog Company Restaurants, LLC,
and not individually
PRINT NAME
Q7-J(O,-1!
DATE OR DATE COMMISSION EXPIRES IF NOTARY

PRINT NAME

-b--AU4~~~LL~£J!.-':Y-~~~~~'(::f!;'&Q.~~ATEit&~~fssION EXPIRES IF NOTARY

FEEPAID_$O~7J DATEPAID/O/~ __
_--=--~'--"'--l~::::::::=-""'

License Issued by: Date Issued: _


ACTION OF COUNCIL- - - - - - - - - - ACTION DATE- - - - - -

. A]lP03LiquorTramfur
IOlolH \I,J
Page 1 of2 STATE OF RHODE ISLAND
BOARD OF LICENSING COMMISSIONERS
APPLICATION FOR LICENSE BY CORPORATION or LLC
RETAILER CLASS: Fill in I a I or Circle One: A, BH, BM, BT,~ 'BVI;" i2, .lE,: Bli j~ +:1 "',
r-O-WN--ER-S-f~Ifil-": - - - "-;:'-0'-'"\--·c-·./--;-\r----:-\,----:::C,---------··, '~=-'~-'---"~=--'·~"""-?--'-~O-lO---'---
D/B/A:
Premises:

Name Address and Tel # of All Officers (ifLLC List Manaoer


,., under President and chanoe
'F-.. title to "Manaoer")'
'6'

TITLE NAME HOME ADDRESS TELEPHONE

\r.i "''' ~~
President ". l{..;~\,~ L'qrfev.: ~ ~\tL ~\ '1 '7>~£}.. ~
Vice-Pres. \-t~,..- ~v~\ \. vo-'o,. (.J> \..""'''l,.. .~".-t 't,(gLt 1.-(}) "I
Secretary

Treasurer

Name of Each Director/Board Member Address ~

\'\ '(.,"'~\~ CQrtev


\lL..J . . --- <: oj. \ \'" ,l,:...'"\S"
'2...
lc
~ \-.i\ \)-'l..\ \
\,- ~A. \\\)' -t..
'"' ' <' ' ~t.l.p .~"" ~('~a-.( )

,\7.,::,v
\L.I

Mailing Address: Choose a) Business Address, o~wner Address, or c) Other. If Other Please specify below:
~ •••••••••• _ ••

1 ·.··
L"~-

~ ~ =~ ~ ~.:~~.~ :~.~.·1 .. .
•• - ••••••••••••••••••••••••••• _ ••• ,~~_ •••••••••••• ~._ ••• ~ ••••••••••••••••••• _+._•• _ _ •••••••••••• _._ ••• _ •••••••• _ ••••••••••

~~.\( ~<?~
_.~ •••••••••••••••• ••
~._~.~+_+ ,~_, •••••

-..,~~ ~:.~ ?S.:~.~~.5 ~ ~


~.~ ••••••••••••••• +._ ••• _ •• " •••••••••••••••••• '".~ T~TT.T • • ' • • __ . _ . _ • • • • _ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • __ • • ~ • • • • • __ ._

.
If Corporation, Classes of Stock: Amount of This Class Authorized: Amount of This Class Issued:

... ---
'Name RegisteredStockOwners·ORLLC"MembersW7%idferest··· 'CIass(es} of Stock" . ... ..
.Athbuntof Stock OR LLC %
~\(:..\n.,..\~ CQ~~V \bC' to<O"~'\ ~bo\6
\f-. (ll> ",- $\I\\.\, ~~ .... \b(? Co{"'" ,... ~'" 10 °'0

- - 7" - .. - - - - - -DO NOT WRITE BELOW TillS LINE - - - .. - ..


Filing Fee: ~ Date Paid: LiJlil\. I License Fee: I IDatePaid: [ _

Approved by Council Disapproved by Council _


Issued By Date _
Liquor Application by Corporation Class "Class_of_License" # {(Number_of_License)! Entity: «ApplicationType»
Page 2 of2 STATE OF RHODE ISLAND Newport '
I D/B/A: ]
• For each yes and no question, please write in YES if yes or NO if no.
.. Where necessary, use additional pages for explanations.
Is any of the above stock pledged? 11 e<; I- If yes, provide details: • ,

I
Is application on·behalf of undisclosed principal or party in interest?1 \\J D I- If yes, give details:
I I
Does Applicant Own Premises? j ~ (j ~PropertyMortgaged~ I .. Property Leasl~· ~S I •
If Mortgaged or Leased: Amount of Extent: r-v~l:> ,\) I
NameandAd~e~ofMortg~eeillLess~: ~'~~-~~·~1~~~~/~G-.~_-~I~'~~-'-~-~~-)~~~~-~~~-L~T~7~-~~\~\-~~~~~~,~~'~~~~~~1
Have any of the applicants ever been arrested 0"';: convicted of a crime? 1"tJ a
~;;:---------~-:---*-----------;-':J----=---:;~
".
I
If yes, explain: .. \PC\~\"'1'" "'~, "'t:
v·l.- "'-.. e \oI~ ··/t \l. '<i:.
...

Is any other business to be carried on in Licensed Premises? I~) () I. If yes, explain: ..


I
Is any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? I\'J 0 I- ]f yes, explain: •
r

I I
Do any of the applicants have any interest, direct or indirect, as principle or aSSOCiate, or In any manner whatsoever, in any retaIl
license issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended? • If yes, explain: •

Is Applicant the owner or operator of any other business? i tL, • If yes, explain (use separate page if necessary.) ..

I hereby~:bove statements are true to tbe best of my knowti~ :\d;ii:f (j

sign ture of Applicant" (see note below) Date of Signature

f;;;ff;H,z,PJ!/JztML I I tt{dto
~iiCenSing Board
C

Date of Witness
u.·L.· """'--IifstftiCtiollsfofAIJPlicaiits
•. m _• • _ n .
n
_ ·_.nuw "" m_.n' •• n n. n uoo _-. u.

I. Every question on Application Fonn must be answered. Any false statement made by the Applicant will be sufficient grounds for
the denial of the application or the revocation of the license in case one has been granted.
2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).
3. Attention is called to the requirements of the 1963 amendment ofSection3-5-10 of the General Laws.
a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.
b. Any acquisition by any person of more than ten percent (10%) of any class of corporate stock must be reported within 30 days.
c. Any transfer of fifty percent (50%) or more of any class of corporate stock can be made only by written application to the
licensing board subject to the procedures for a transfer of a license.
COPY SHALL BE FORWARDED TO LIQUOR CONTROL ADMINISTRATION BY CITY CLERK
NEW APPLICANTS: ------..---. A roval from Police· - B.C.I. Section for fm e rinting and a routine check was made.
1\lOTE: For new, transfer, expansion, or renewal the owner(s) must sign. In a corporation, the officers should sign: in an LLC. the "designated
manager" and members are to sign. We are no longer to accept the signature of a manager or attorney on behalf of the owner.

Liquor Application by Corporation Class «Class~oCLjcense» II «Number~of_Licellse» Entity ({ApplicationType»


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