02-23-11_council_docket_01

CITY OF NEWPORTDOCKET OF THE COUNCIL

The following items of business, filed with the City Clerk under the Rules oftheCouncil, will come before the Council at its regular meeting to be held onFebruary 23, 2011, at 6:30 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG

PROCLAMATION HONORING THE

2010 CITY OF NEWPORT EMPLOYEE OF THE YEAR

COMMUNITY POLICING OFFICER JIMMY WINTERS

CITIZEN'S FORUM: (Speakers must sign in with the City Clerk). The Citizen'sForum period shall be no longer than fifteen minutes and citizens may address theCouncil on one subject only and for no longer than three minutes. Issues to bediscussed shall not include matters to be considered or discussed as part ofthe regularcouncil agenda and must be related to substantive city business. No commentsregarding personnel or job performance are allowed.

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

a. Minutes of the February 9, 2011, Council Meetings (Approve)

b. Special Event Licenses:

1) Newport Art Museum, d/b/a "Fourth Friday"; 76 Bellevue Ave.,February 25,2010, from 6:00 p.m. to 9:00 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. Thepublic is invited to attend. The docket, along with all supporting documents, can be viewed on the City ofNewportwebsite: www.cityofhewpol1.com- ..CurrentNewport City News & Announcements" - Click on "MORE NEWS."Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. A DVD oftheCouncil 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 THENEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPONNOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCEOF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUSTNOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.

DOCKET OF THE COUNCILFebruary 23, 2011

2) Friends of Jane Pickens Theater, d/b/a "Red Carpet GalaAcademy Awards Live"; Jane Pickens Theater, February 27,2011,from 6:30 to 11 :00 p.m.

3) Swanhurst Chorus, d/b/a "Anything Goes" Dinner Theater; FennerHall, Fenner Ave., March 5,6,11,12,13,18 and 19,2011, from 6:30p.m. to 10:00 p.m.

4) The East Bay Met School Parent Group, d/b/a 5th Annual SpaghettiDinner Fundraiser; 1 York St.; March 24, 2011, from 5:30 p.m. to7:30p.m.

5) R.I. State Soap Box Derby Committee, d/b/a Soap Box Derby;Memorial Boulevard, May 21 (rain date May 22), 2011, from 6:00a.m. to 2:00 p.m.

c. Pawnbroker's License, Renewal, Spindle City Pawnbrokers, d/b/a FallRiver Pawn Brokers, 310 Broadway

d. Pool Table License, Renewal, Friendly Sons ofNewport, 3-5 Farewell St.

e. Private Detective License, Renewal, Christian Blake Donovan, 77 AyraultSt.

f. Resignation ofDr. D. Matthew Ramsey from the Film Commission(Receive with regret)

g. Communication from the Aquidneck Island Planning Commission, re:Requesting appointment ofNewport Planning Board member to theCommission. (Receive)

h. Communication from John A. Murphy, General Counsel, re: ConanicutMarine Services, Inc., Class G Liquor License-annual request to servealcoholic beverages to patrons aboard The Jamestown and theMVKatherine while at dockside at stops in Newport Harbor. (Approve)

1. Communications from the Division of Public Utilities and Carriers:(Receive)


1) Application ofthe "Jamestown-Newport Ferry," requesting toamend its schedule to include ten daily stops at Waite's Wharf.

2) Application of Oldport Marine Services, Inc., requesting to amendits route and schedule in Newport Harbor.

J. Annual Report of the Newport Film Commission (Receive)

k. Claim ofEsther R. Campbell (Receive and refer to the City Solicitor)

LICENSES AND PERMITS

2. Annual Victualing License, MLJ, Inc., d/b/a Mudville Pub, 8 West MarlboroughSt. (in conjunction with transfer of Class BV alcoholic beverage license)

COMMUNICATIONS AND PETITIONS

3. Communication from Sav Rebecchi, Publisher, "On The Record Media" and"Newport Record.TV," re: video streaming oflocal government meetings.

4. APPOINTMENTS TO BOARDS AND COMMISSIONS

Redevelopment Agency - Reappointment ofDavid Galvin

RESOLUTIONS

5. Adoption, in concept, ofthe 2012-2016 Capital Improvement Program

ORDINANCES

6. Amending Chapter 9.08.110, entitled, "Snow Removal and Disposal" - withamendments suggested at first reading (Second Reading)

7. Amending Chapter 10.24.010, entitled, "Parking Prohibited at All Times inDesignated Places" - to allow for parking in certain areas on the north side ofOcean Avenue in the area between King Beach and Brenton Point State Park(Second Reading)


COMMUNICATIONS FROM THE CITY MANAGER

8. Memorandum from the City Manager, Upper Thames Street Traffic Flow

9. Communication #4770/10, re: Legal Services (CRMC Permitting) #11-021 Ann St. Pier Extension (with accompanying resolution - continued 12/8/10)-- Memo dated 2/15/11 from the City Manager - Legal Services for Ann St. Pier.

10. Communication #4796/11, re: Award of Contract for Newport Harbor CenterDesign/Build ofpublic Transient Boating Facility (with accompanyingresolution)

11. Communication #4797/11, re: Lease Agreement with Newport & Bristol CountyConvention & Visitors Bureau for the Humphrey J. Donnelly III Transportation& Visitors Center (with accompanying resolution)

12. Communication #4798/11, re: Agreement with the Robert Potter League forAnimals (with accompanying resolution)

13. Communication #4799/11, re: Penalties for Bicycle Violations (withaccompanying ordinance)

14. Communication #4800/11, re: Mass Notification System - Code Red (withaccompanying resolution)

15. Communication #4801/11, re: Full Reappraisal of Taxable Real Property (withaccompanying resolution)

16. Communication #4802/11, re: EDA Loan Default (with accompanyingresolution)

17. Communication #4803/11, re: Bid Award for 2011 Sidewalk Restoration (withaccompanying resolution)

18. Communication #4804/11, re: Bid Award for Leak Detection Survey - UtilitiesDepartment (with accompanying resolution)

19. Communication #4805/11, re: Bid Award for 10" Water Meter at Gate 1, NavalStation Newport (with accompanying resolution)

DOCKET OF THE COUNCILFebruary 23, 2011PageS

20. Communication #4806/11, re: Charge Order #1, Thames St. Sanitary SewerInterceptor Rehabilitation (with accompanying resolution)

RECESS AS COUNCIL AND CONVENE AS BOARD OF LICENSECOMMISSIONERS

BOARD OF LICENSE COMMISSIONERS

1. Application for a Class F-I Daily Liquor License, Newport Art Museum, 76Bellevue Ave.; Feb. 25, 2011, from 6:00 p.m. to 9:00 p.m.

2. Application for a Class F Daily Liquor License, Friends of Jane Pickens Theater;Jane Pickens Theater, 49 Touro St., Feb. 27, 2010, from 6:30 p.m. to II :00 p.m.

3. Application Of Great Pub, LLC, d/b/a Mudville Pub, 8 West Marlborough St.,first floor and rear outdoor patio, to transfer its Class BV alcoholic beveragelicense to MLJ, Inc., d/b/a Mudville Pub, for the same premises. (Hearing)• Bills ofIndebtedness:

1) Newport Specialty Foods: $2,935.172) Don Jestings & Sons: $1,519.663) McLaughlin & Moran, Inc. $7,401.404) RI Distributing Co. $1,610.245) Horizons $7,756.496) Shoreline Electrical Services, Inc.: $1,400.00

ADJOURN AS BOARD OF LICENSE COMMISSIONERS AND RECONVENE ASCOUNCIL; AND, BASED UPON A FAVORABLE VOTE OF THE MAJORITY OFCOUNCIL MEMBERS PRESENT, ADJOURN TO EXECUTIVE SESSION IN THECONFERENCE ROOM, PURSUANT TO THE RI GENERAL LAWS, SECTION 4246-1, AND IN ACCORDANCE WITH SECTION 42-46-5, PURPOSES FOR WHICHMEETINGS MAY BE CLOSED, TO DISCUSS CONTRACT NEGOTIATIONSWITH LOCAL 1080, IAFF, AND PENDING LITIGATION - PUC RATE FILING.

Kathleen M. SilviaCity Clerk

February 16,2011

CITY OF NEWPORTMINUTES OF THE COUNCIL MEETING

HELD FEBRUARY 9, 2011

The following items of business, filed with the City Clerk under the Rules ofthe Council, camebefore the Council at its regular meeting held on February 9, 2011.

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

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

CHARLES y. DUNCANKATHRYN E. LEONARDJUSTIN S. MC LAUGHLIN, VICE CHAIR

ABSENT: STEPHEN C. WALUK, MAYOR

CITIZEN'S FORUM:

JEANNE-MARIE NAPOLITANONAOMI NEVILLEHENRY F. WINTHROP

I. PUBLIC HEARING: Recommended 2012-2016 Capital ImprovementProgram

VICE CHAIR MC LAUGHLIN opened the hearing.

MR. RON BECKER, 189 Rhode Island Ave., a member of the Alliance for a Livable Newport'sFinancial Committee, addressed the Council on the proposed $67.2 million in expenditures.Recognizing that $30 million is forthe new elementary school and $29.35 is for the Water and WaterPollution Control Funds, he asked how the almost $8 million of other new spending could bejustified. He said $4.5 is proposed to come from the General Fund and would exceed the maximumincrease in property taxes allowed by State Law. He also questioned the $400,000 proposed forRogers High School improvements, noting that the School Department had an almost $1.4 millionsurplus at the end of the last fiscal year.

MS. SARAH HIGHLAND, 45 Ayrault St., a member of the Alliance for a Livable Newport,addressed the chart on p. 15 of the CIP which projects deficits of$6 million each year for the nextfive years. She questioned the necessity of several of the proposed projects, but did commend the useof a private contractor for restoration of water trenches and encouraged an expanded use ofprivatecontractors. She said the General Fund cannot sustain the projected $6 million deficit and thetaxpayers should not have to pay. She requested that fiscally responsible cuts be made to the CIP.

LYNN TUNGETT, Treasurer of the Off-Broadway Neighborhood Association, said Chairman JackMcVickers was unable to attend the council meeting; therefore, on behalf of the Association, she wasasking that the funds already in place for the Broadway Streetscape Plan remain so as to enhanceBroadway, which is a main artery into and out of the City.

DOCKET OF THE COUNCILFebruary 9, 2011Page 2

MS. BETH MILHAM, Energy & Environment Commission, resubmitted a written copy of theCommission's comments from January 2009, asking for a specific focus on improving energyefficiency during restoration and upgrades of public buildings.

COUNCILOR WINTHROP moved the communication be received. Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.

COUNCILOR LEONARD said she would like a workshop to be held on the CIP projects so that theycan be reviewed in conjunction with the public comments and information provided on their funding.

CITY MANAGER EDWARD LAVALLEE responded that the CIP is a working document and it isrecognized that all the projects will not be funded. He said only one or two projects could have beenincluded but he believed it was better to bring for a list for the Council's and public's review. He saidit is going to be a difficult year and hard decisions will have to be made.

VICE CHAIR MC LAUGHLIN moved the hearing be closed. Seconded by COUNCILORNEVILLE.

VICE CHAIR MC LAUGHLIN said a resolution adopting the CIP in concept would be before theCouncil at the next meeting, and prior to the adoption of the Operating Budget the City Manager willschedule a workshop.

The motion to close the hearing was VOTED UNANIMOUSLY.

2. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCILREMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #3180 AND #98-40.)

a. Minutes of the January 13 and 26, 2011, Council Meetings (Approve)b. Special Event Licenses:

1) Newport Public Education Foundation, d/b/a Newport To A Tea; Salve ReginaUniversity, Ochre Court, March 16,2011, from 2:00 p.m. to 4:30 p.m.

2) Newport Art Museum, d/b/a Murder Mystery; Newport Art Museum,76Bellevue Ave., Feb. 19 and 26; March 12,2011, from 5:30 p.m. to 7:00 p.m.

3) REMOVED: Harle Tinney/Belcourt Castle, d/b/a Honky Tonk Knightsc. Holiday Selling License, New, B. Sage, LLC, d/b/a B. Sage, 435 Thames St., second

floor, south.d. Communication from Corey A. Huck, Chairman, National Police Day Parade,

requesting permission to hold the parade on May 1,2011, (beginning at 11 :50 a.m. inMiddletown) from the One Mile Corner to just south ofthe Newport Police Station,and requesting to be the sole vendor for the parade. (Approve subject to details beingworked out with the city administration.)

e. Communication from U.S. Senator Jack Reed regarding the Freight Rail InfrastructureCapacity Expansion Act (Senate Bill 3749) (Receive)

f. Communication from the LNG Working Group asking the City to divest municipalretirement funds of any Hess stock. (Receive)

g. REMOVED: CRMC Public Notice, File No. 2011-01-014, Application ofGregoryMataronas Michael Marchetti for an Assent to create a 6.0 acre aquaculture farm

h. Annual Report of the Newport Canvassing Authority (Receive)

DOCKET OF THE COUNCILFebruary 9, 201 1Page 3

VICE CHAIR MC LAUGHLIN moved the Consent Calendar be adopted, with the exception of itemsb-3 and g. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY. '

b-3 Harle Tinney/Belcourt Castle, d/b/a Honky Tonk Knights at Belcourt Castle; 657Bellevue Ave., February 21, 2011, from 8:00 p.m. to midnight.

COUNCILOR LEONARD recused herself.

VICE CHAIR MC LAUGHLIN moved the license be approved. Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY (5-0).

g. CRMC Public Notice, File No. 2011-01-014, Application of Gregory Mataronas andMichael Marchetti for an Assent to create a 6.0 acre aquaculture farm to grow bluemussels. (Receive and refer to Planning Board and Waterfront Commission)

COUNCILOR LEONARD noted that DEM would solicit public comment so as to hear from thefishermen and any other interested parties that might be affected by the aquaculture farm.

COUNCILOR LEONARD moved the notice be received and referred to the Planning Board andWaterfront Commission for comment. Seconded by COUNCILOR NAPOLITANO and VOTEDUNANIMOUSLY.

LICENSES AND PERMITS

2. Annual Victualing License, Donick's LLC, d/b/a Donick's (ice cream shop), 26 Broadway

.VICE CHAIR MC LAUGHLIN moved the license be approved. Seconded by COUNCILORLEONARD and VOTED UNANIMOUSLY.

3. Annual Victualing License, JLPH Acquisition, Inc., d/b/a Pizza Hollywood, 397 Thames St.(new owner)

VICE CHAIR MC LAUGHLIN moved the license be approved. Seconded by COUNCILORLEONARD and VOTED UNANIMOU8LY.

4. Annual Victualing License, MLJ, Inc., d/b/a Mudville Pub, 8 West Marlborough 8t. (inconjunction with transfer of Class BV alcoholic beverage license)

MICHAEL JACQUARD, transferee, said his attorney's e-mail requesting a continuance to March 9th

was a mistake and he would like the transfer to go forward.

COUNCILOR WINTHROP responded that because of the request for a continuance he was notprepared to act on the transfer at this time.


VICE CHAIR MC LAUGHLIN moved that the application be continued to the February n rd

meeting, rather than for one month. Seconded by COUNCILOR LEONARD and VOTEDUNANIMOUSLY.

COMMUNICATIONS AND PETITIONS

5. Communication from Patrick O'N. Hayes, Jr., Esq., on behalfof David and Joann Vieau,asking permission to undertake repair of the retaining wall that supports Ocean Ave. adjacentto their property at 294 Ocean Avenue.

ATTORNEY PATRICK O'N. HAYES, JR., representing David and Joann Vieau, said that the wallsupporting the roadway is in an extreme state of disrepair with run-off causing damage to the house.He said that in accordance with the city ordinance, the proposed work and agreement has beenreviewed by the Public Services Director and the City Solicitor.

CITY SOLICITOR JOSEPH J. NICHOLSON, JR., said the repair is actually subject to approval ofPublic Services Director William Riccio; however, Mr. Riccio was more comfortable with theCouncil being aware ofthe agreement. SOLICITOR NICHOLSON said he had reviewed thecontract, suggested a couple of changes, which were made, and he and Director Riccio recommendapproval of the request.

COUNCILOR WINTHROP moved permission to undertake repair of the wall by David and JoannVieau be approved. Seconded by COUNCILOR NAPOLITANO.

COUNCILOR NEVILLE said she believed some work has been done and there was a stop order.ATTORNEY HAYES responded that the exterior work on the house has stopped because of the needfor Historic District Commission approval and it would be considered at the Commission's nextmeeting. He said interior work is continuing with the Building Inspector's approval. COUNCILORLEONARD said she believed there had been an issue of part of the house being on the public rightof-way but it was her understanding that that portion of the house has been removed. ATTORNEYHAYES responded that that was correct.

The motion to approve was VOTED UNANIMOUSLY.

6. APPOINTMENTS TO BOARDS AND COMMISSIONS

VICE CHAIR MC LAUGHLIN moved Azade Perin be appointed to the AFFIRMATIVE ACTIONCOMMISSION. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

RESOLUTIONS

7. In support of RIGA House Bill 2011 H-5088, re: Statewide closing of polling sites at 8:00p.m. -- conditioned upon the passage of a bill that would require statewide opening of polls at7:00 a.m. - J. Napolitano

COUNCILOR NAPOLITANO introduced the resolution and moved for its adoption. Seconded byCOUNCILOR LEONARD.

DOCKET OF THE COUNCILFebruary 9, 201 IPageS

COUNCILOR NAPOLITANO said there are few voters after five or six p.m., and a seven a.m.opening of the polls would allow those who work outside the city to vote early.

The motion to adopt was VOTED UNANIMOUSLY.

ORDINANCES

8. Amending Ordinance No. 10-29, re: Appropriating Revenues for the Fiscal Year July 1,2010,through June 30, 2011 (Second Reading)

CITY MANAGER EDWARD LAVALLEE said the ordinance was originally presented as an interimadjustment, basically to address the Fire Department overtime. He said after an exhaustive review ofthe budget he was requesting that the matter be deferred to the first meeting in April, at which time alladjustments that may need to be made before the end of the fiscal year should be known. He alsoannounced that a spending freeze would be implemented this week for all non-essential items.

VICE CHAIR MC LAUGHLIN moved second reading of the ordinance be continued to the April13th meeting. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

9. Amending Chapter 10.22 of the Codified Ordinances, entitled, "Parking Generally," Section10.22, "Valet Parking" (Second Reading, with additional amendments suggested at January26, 2011, council meeting)

VICE CHAIR MC LAUGHLIN moved five additional amendments proposed for second reading ofthe ordinance as a result of discussion at the first reading, be adopted. Seconded by COUNCILORNEVILLE and VOTED UNANIMOUSLY.

VICE CHAIR MC LAUGHLIN moved the ordinance, as amended, be adopted on second reading.Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

10. Amending Chapter 13.12.031 of the Codified Ordinances, entitled, "Adjustment for Filling ofPools," to provide a one-time adjustment of$IOO in the sewer charge for filling a minimumIO,OOO-galion pool.

VICE CHAIR MC LAUGHLIN moved the ordinance be adopted on second reading. Seconded byCOUNCILOR NAPOLITANO.

COUNCILOR WINTHROP said he was opposed to the ordinance on first reading and remainedopposed because he saw it as opening the door for many other requests and questioned where it wouldstop. COUNCILOR NEVILLE said she too was opposed because it was a simplistic approach to acomplicated problem.

VOTE: In favor - VICE CHAIR MC LAUGHLIN and COUNCILOR DUNCAN

Opposed - COUNCILORS LEONARD, NAPOLITANO, NEVILLE and WINTHROP

The motion to adopt the ordinance failed.


COMMUNICATIONS FROM THE CITY MANAGER

11. Memorandum from the City Manager, re: Harbor Center Master Plan

COUNCILOR LEONARD recused herself and left the dais.

CITY MANAGER LAVALLEE said the communication was submitted in compliance with theCouncil's request for a Master Plan for the Harbor Center project prior to moving forward on anyimprovements. He said the Plan consists of extending the Ann Street Pier by 394 feet, a transientboating facility on the lower level of the Harbor Center, and the former drill hall would be a specialevent venue similar to the beach rotunda, or could be anopen marketplace. He cited the Cecil Reporton uses of the Harbor Center, wherein it stated that if managed properly the boating facility and AnnSt. Pier will generate enough money to pay for any improvements. He pointed out that any moneyexpended by the City to match the grant would be from the Harbor Fund and not taxpayers' dollars.

VICE CHAIR MC LAUGHLIN moved the communication be received. Seconded by COUNCILORNEVILLE and VOTED UNANIMOUSLY (5-0)

12. Communication No. 4789/11, re: Ocean Avenue Parking

VICE CHAIR MC LAUGHLIN moved the communication be received and the accompanyingordinance adopted on first reading. Seconded by COUNCILOR NAPOLITANO.

COUNCILOR LEONARD said she, Councilor Winthrop, and City Manager Lavallee had looked atthe area and commented on the amount of signage in place. She said the newer signs that had beenreinstalled should be removed and suggested that to eliminate the visual clutter only one sign beinstalled on the opposite side of the road stating, "No Parking This Side."

TIM LYNCH, member ofthe Saltwater Fishing Club, spoke on the amount of signage on OceanDrive and said that from Gooseberry Beach to Castle Hill there are 38 signs; and in a 1.3 mile areathere are 36 signs.

The motion to adopt the ordinance on first reading was VOTED UNANIMOUSLY.

13. Communication No. 4790/11, re: Citywide Fuel Purchasing - Vendor Approval

VICE CHAIR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

14. Communication No. 4791/11, re: Change Order No.2, Railroad Interceptor Sanitary SewerLine Improvements Project C


15. Communication #4792/11, re: Bid Award for Construction Contract - Sherman Street Water,Sewer and Drain Improvements



16. Communication #4793/11, re: Phase 2, Contract #07-002, Shennan Street Water, Sewer andDrain Improvements


17. Communication #4794/11, re: Change Order No. I - Easton's Beach Stormwater UVDisinfection System Project

VICE CHAIR MC LAUGHLIN moved the communication be received and the accompanying·resolution adopted. Seconded by COUNCILOR NAPOLITANO.

COUNCILOR LEONARD said she would not support the change order because she didn't vote forthe UV system as she is not convinced it will work.

VOTE: In favor - VICE CHAIR MC LAUGHLIN; COUNCILORS DUNCAN, NAPOLITANO,NEVILLE and WINTHROP

Opposed - COUNCILOR LEONARD

18. Communication #4795/11, re: Disposal of Snow

VICE CHAIR MC LAUGHLIN moved the communication be received and the accompanyingordinance adopted on first reading. Seconded by COUNCILOR NAPOLITANO.

VICE CHAIR MC LAUGHLIN suggested that for second reading Paragraph B be amended toinclude that no one shall plow snow into the travel lane. He also said that the requirement inParagraph A for a path through snow to be four feet wide might be unreasonable, depending upon theamount of snowfall.

ANNETTE BOURBONNIERE, Chair, Accessibility Advisory Committee, said a person using awheelchair requires a 36 " width of sidewalk clearance. VICE CHAIR MC LAUGHLIN asked thatthe administration also take into consideration Ms. Bourbonierre's comments before second readingof the ordinance. COUNCILOR NAPOLITANO concurred.

VICE CHAIR MC LAUGHLIN said that he had also heard from a resident who said it is verydifficult to shovel or use a snow blower on those sidewalks adjacent to parking ban streets onto whichsnow has been plowed by the city snowplows and suggested that the city should help to remove snowfrom those area.

The motion to approve the ordinance on first reading was VOTED UNANIMOUSLY.

7:16 P.M. ADJOURNED AS COUNCIL AND CONVENED AS BOARD OF LICENSECOMMISSIONERS

$2,935.17$1,519.66

DOCKET OF THE COUNCILFebruary 9, 2011PageS

BOARD OF LICENSE COMMISSIONERS

I.. Application for a Class F-I Daily Liquor License, Royal Arts Foundation, Belcourt Castle,February 21, 2011, from 8:00 p.m. to Midnight.

COMMISSIONER LEONARD recused herself.

VICE CHAIR MC LAUGHLIN moved the license be approved. Seconded by COMMISSIONERNAPOLITANO and VOTED UNANIMOUSLY (5-0).

2. Application Of Great Pub, LLC, d/b/a Mudville Pub, 8 West Marlborough St., first floor andrear outdoor patio, to transfer its Class BV alcoholic beverage license to MLJ, Inc., d/b/aMudville Pub, for the same premises. (Hearing)• Bills ofIndebtedness:

I) Newport Specialty Foods:2) Don Jestings & Sons:

VICE CHAIR MC LAUGHLIN moved the hearing be continued to the February 23,2011, meeting.Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.

7:17 P.M. ADJOURNED


..'96 c(Uc-v-'

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City ofNe~rt:PloJ fs1and\_ , APPLICATION FOR A SPECIAL EVENT UCENSiS Pfl$"7 pS

DATE: ~_\ 2..0 \ \ . . .

EVENTiTITLE/TYPE: n I r:-0 <...l 12-"\ \--\ ("~, D .A.. 'I i": I, . ..'1,>.: ILOCATION OF EVENT: I ,,\ A M I

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Date(s) ofEvent: I f" E. ~==1=S='=~=1....=O=\~\ =~H_o_ur7S_: ~I=k,=-=~~:=f='''''''======'

Holder ofEvent & DBA: I N~W £0 R."A~" II\!\VS t:: v IV\. ISignatureofHolderofEvent:[/)t~a· ~f)~ JPrinted Name;'1 l\5 A Cwo."" QD I Title: 1'£:)( (;<:v"ll'J~ O. R. IAddress ofHolder ofEvent; I -qe:, SS E i-L e.,.j'; .....Av'E. IOrganizer's Signature:

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Address ofEvent Organizer: ]-:.=t.l, IS E L. L. E.. --J.J f> l\.J''$:-.Business Telephone: lib\ 6 'i b g 2 = Residence Telephone: 1 _Is Organization Non-Profit? l Is Organizatio~ :Religious?~ Is there an Admission Charge: :i-Is event to be on City, State, ~r Private pro~p:'.':e:rt~y~?-=I=-\?=\'l.~\~V=A='""\=I§...=======~ ..:- _

ISignature ofProperty Owner:

Name of Property Owner ofEvent Site:

Printed Name of Property Owner:

Will Event be Indoors or Outdoors?(Include plan if outdoors) L--_\~lJ_D_O_O_Q...=.S.=·:-- J

EVENT HOLDER ---------:cc=:-:-:--:-:--,--,---,APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

__::=JIf Outdoors, will toilet facilities be provided?-"---"-'-~~-=-~~~~-"--=--~=----=--~----

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

I Amplification? ILy'---__1

Igs1"-1

For how many vehicles?

Seating Capacity: 1l..-'-\.::5::..o -..J

COPY OF TENT PERMIT MUST BE ATTACHED.1"-'Will a tent be erected?(Include on plan)

Expected Attendance: .

Is parking available:

IScdoo IIL......I-i__'

CONCERT '_"fL'_:.......JI Is staging or platform req~ired?

List types ofmusical instruments:

DANCE IL·-.:..\--.l.::--_I DEEJAY Amplification: IL _

SPORTING EVENT I ~ Type: I ---C- _

Set-up Dates (Sporting events only):

PLAY I~ If yes, what type:

CARNIVAL I ~ CIRCUS Will there be animals? 1 _

If yes, types of animals:

Type: 1_' __,_-----------SHOW OR EXHIBITION: I N

OTHER (describe) LI _

Are required approvals attached, e.g., State, Recreation Dept.? 1_:1:1- _

Is a street closing being requested? LI~;.:::... _

Will food be prepared on the premises? LIN.!."'- _

If so, is'Health Dept. Inspection Approval attached? 1'-- _

Will LIQUOR be served?

EVENT HOLDER -,- _

APPLICATION FOR A SPECIAL EVENT LICENSE(Page 3)

1'/

1_-Ifyes, will you be applying for a Class F or F-I Liquor License?

Ifnot, will another's license be used?

If so, whose? 1 --:- _

Will there be gambling, e.g., bingo, raffle, etc.?·LU Do you have State Police Approval? 1 _

List Names of Vendors Item to be Furnished

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

FIREWORKS N

Do you or the pyrotechnic have Newport Fire Marshal approval? .' 1-:--:-.:..-__..c..JI

Location from where fireworks will be shot:

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

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:

EVENT TITLE/TYPE:

"e, !j- .-""'~"."".;;~ ". ),~

.4{tLJ~ .,4.vO\ds L'.~iC!I.';~,·:~;~~

9oc/~} ~,j'"crf?-7/({

City QfNewpoh, Rhode tsldnd ".APPLICATION FOR A SPECIAL EVENT LIC~~~E

f~) L)!, L;z 1'5 '1' _DATE:

LOCATION OF EVENT:

Date(s) of Evel,1t:

Hours of Event:

I -1e kcuK1 41 \ ,@ II

Holder ofEvent & DBA:

Signature of HolderofEvent:b~§~~~~~~?~~~__-;=======~

Printed Name: "fC6.-&'t\ co C Title: 1\~Sl"t~ I,

Address of Holder of Event: I l.J a -- a.. \ '.t rJ .I '::? I II J IDu,O 0k-eX'1' I _e.Hy,o-C-r, ~ ,

Business Telephone: lomb' 6Y'1 y I Residence Telephone: I :r):; J - 9 L0 -.;2:'651Is Organization Non-Profit? Des I Is Organization Religious? 1;00 IIs there a charge for admission? I 'ie;, I I::::: IIs event to be on City, State, or Private Property? L-.r~\~'~..:.".:;Cl:=-k,,-=~ _

Name of Property Owner of Event Site: Lia.slkl-( lMA.- ~2-kCL.b ISignature of Property Owner: I S<! AMCL(~ c! <.f;?G IPrinted Name of Property Owner:I \/ I \ \ /" I 'b I

, t._cu.~V\.- .e C-v\..... :>tact. ,

Will Event be Indoors or Outdoors? 'I. \ d I(Include Plan) _,_-,--_Vl..'-.:,:..:0",-=0_'7.:;' _

EVENT HOWER .+:=; e.,A clSo-?, )C?vc.e, .. f; c ~7t.L.c~APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

If Outdoors, will toilet facilities be provided? __-:JIf so, location oftoilet facilities:(Include on plan)

Amplification? 1-'.. 1

COpy OF TENT PERMIT MUST BE ATTACHED.

Seating Capacity: 1_-JLfc..),L?.L..- _

I ::<()~?{)For how many vehicles? ./

I_~ --------,--I /\)011,2~3cO II >/e> II Is staging or platform required?

Will a tent be erected?(Include on plan)'

Expected Attendance:·


CONCERT I ;V 0

List types of musical instruments:

I__~-,-----__--,-----DANCE IN 01 DEEJAY I N 0 1 Amplification: IL- --'

Type: ISPORTING EVENT I IV()Set-up Dates (Sporting events only): I-'--'- ..,..-,-~ _

Will there be animals? 1 _

PLAY I JJO ICARNIVAL I /0 C)

If yes, what type:

CIRCUS

1 -------

I IOC) IIf yes, types of animals:

SHOW OR EXHIBITION: I '/(J,,;;> IOTHER (describe)

Type:,

v--Je'" J '::> loevl.)

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 ·-r;-·,e-1A d '> J Ja-v<-e.)~~ J:e.~APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)

IC/a.CzS ~,--'res

Ifyes, will you be applying for a Class F or F-1 Liquor License?

If not, will another's license be used?

If so, whose? I -'--....-J


Will there be gambling, e.g., bingo, raffle, etc.?·I NO

List Names of Vendors

Do you have State Police Approval? 1 _

Item to be Furnished

,N I..J...-'A ----

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

FIREWORKS NDDo you or the pyrotechnic have Newport Fire Marshal approval? I


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 police


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:

, ...,L..

"1

; \ ';

'IL. \ ",' !

AI'PLICATi~'r.~~7~;;~~~;:,r~~:NT LIf~~~.~21,~r.:~iDATE: :Ji9/j/ .31, J 0/1

EVENT TITLE/TYPE:

Hours of Event:

Date(s) of Event:

LOCATION OF EVENT: I

11,14,,(' 5; b/ 1/, 12, 1~ I';, 1 9

I=============================~. b:30-IP:I>i) 1'1'/

Holder of Event & DBA:

Signature of Property Owner:

Signature of Holder of Event: I'16~ .. #f

Printed Name: III!-,etiy L. (;i/ST,fFJc::w"'$ Title: 11',e~/J) t:hvT

Address of Holder of Event: I f. t? /,{}l( 31tfb J IVD1/ltJl'2r, ler t/;] f ¥o

Business Telephone: IW "If -/?'Ir' Residence Telephone: 11"tr f41.<J.1,J:L......

Is Organization Non-Profit? I ye,-.s I Is Organization Religious? I.......:-M:...:O=--__

Is there a charge for admission? I YES

Name of Property Owner of Event Site: L:...~-.:..--ptf'-=.-M.:.:..""-~-s-a-'-Ef"-I~--------------.J

1M!1/,4-r~Is event to be on City, State, or Private Property?

....:-....:....._------------~

Printed Name of Property Owner: :::r0 h IV ~ ~ \ A.S

Will Event be Indoors or Outdoors? I!/yj)tlPR~(Include Plan) .----------------------

EVENT HOLDER oS Cf!1!1i1#l1C~r Cf/&lA vSAPPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

If Outdoors, will toilet facilities be provided? IL...M...!.~...:.;'j) _


Will a tent be erected?(Include on plan)

Expected Attendance: .


II ()tJ I

COpy OF TENT PER1\1IT MUST BE ATTACHED.

Seating Capacity: 1-".",3-'0 _

For how many vehicles?

CONCERT Iyes Is staging or platform required? I Yt:<; Amplification? IYES


DANCE I ./'Ii) DEEJAY I Nt:?· Ampiification: 1 _

SPORTING EVENT I ,¥o

Set-up Dates (Sporting events only):

Type: IL.- _

If yes, what type: , I'1//S(C4L {'c:7HElJ'f

CIRCUS I N(/ Will there be animals?

EVENT HOLDER ')Ctrt'tfl4vrrI ete<>r (/5APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)


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


Ifso, whose? /v~t::> Or;' 611"'11 Wt-I/J't'jI

Will there be gambling, e.g., bingo, raffle, etc.?ol /v'P


Do you have State Police Approval? I ..vI"Item to be Furnished

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

FIREWORKS

Do you or the pyrotechnic have Newport Fire Marshal approval? -,-A//'-:0'-:4.:......__~


Time fireworks will begin: 1_1f/;-,-~..:..tr _ Duration: 1_1VJ.:-1-_If_" --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


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

SPECIFIC ROUTE:

EVENT TITLE/T PE:5f/A AIilVl\JQI (5fO,J/IId-r-i DivlVle-r [/JlIld Vo, (Ser

'iVtt 01<S~ ~ fJItz:-J r:;'cf100{ PClVi%I/r-C

LOCATION OF EVENT: 'tt1e€4srt2>c. WltrSdl1oc!J1 i tjov-(,Sr,/ NM ;.!t'-j 7<.::L. CJ

Date(s) ofEvent: I f'Y}ClYdt1 zL.{ / 20/1

==============================:;Hours of Event: I S 30 pWl '10 T 30 f_I'JIl -l

Holder ofEvent & DBA: {Htt/eCi1-f/o I 7)rv1YlCW"Chtiiy; 'ftre &,Jf~

Business Telephone: 1....:=:::========1 Residence Telephone:I40 (,- 8"47,- ;/70?l-

Is Organization Non-Profit? I /ft-,S I Is Organization Religious? I f-IJo' 'Is there a charge for admission? I l/C')?

7Is event to be on City, State, or Private Property?

r--------=...--i.L----.:...-----,"""T""""---~

Name of Property Owner ofEvent Site:y:....:JF-~~:__!...!.::::.~..:..-~..2-~--I------l

Signature ofProperty Owner:

Printed Name of Property Owner:j J, 12.( t"--J Af\1l'--' •

~================~Will Event be Indoors or Ql\t4oors? I /~ DOO l'2.S

(IncludePlan)-...:.--,.----------------__

EVENT HOLDERY?-It £4sf !Sen} ;JJ1iJ(5CJtCldl ttJart11?--GYVl.-fJAPPLICAnON FOR A SPECIAL EVENT LICENSE IJ

(Page 2)


If Outdoors, will toilet facilities be provided? I-._-- jI ------..---.--.----..---- ---- ----- --- -._-- _--.._~- I


Expected Attendance:


COPY OF TENT PERMIT MUST BE ATTACHED.

1/57>fozool?l. . . I 2?J5(f//t/lcl1~ridt.Jdt's 2 dJ(;~!Wj. Seatmg CapacIty. .;:> V"ct»1l/ 5/4 V"t'4 S'

I 1ft<> 1 Forhowmanyvehicles? 140 + I·CONCERT I--:=:== Is staging or platform required? 1---'---I Amplification? I·~·--I


DANCE IL'-'====- DEEJAY -===::j~ Amplification: IL:::=====~I

PLAY 1====

SPORTING EVENT j _T~y~p~e:~1~g-~~-'~"'-~'~-~.~--~..~·_-~_·~~-~~~-~;;·~·::-===tSet-up Dates (Sporting events only): 1_ L

Ifyes, what type: -1====================:;:::._1Will there be animals? '~l::::=:::::J


CARNIVAL~ I CIRCUS -lr====

If yes, types of animals: E~'~~~=~~~~~~~~~~~~~~~~~~~~ISHOW OR EXHIBITION:"-" Type: --F ...... .. j

OTHER (describe) I sraJt1t!./f;· 'VtVIVl61f fi;ncJflalj·(Ar. IAre required approvals attached, e.g., State, RecreatioJ+ Dept.? I""'=~...--"'-"--·-·"'·"-"""···"··-"'--·-"'-"'· 1

IL...-..L...J.!I_D --_II )J!OWill food be prepared on the premises?

If so, is Health Dept. Inspection Approval attached?

EVENTHOLDE~{ lias!' ;6av; ff/£T(j"i.;/.10d/lliYl?44Y(}nA1rOAPPLICAnON FOR A SPECIAL EVENT LICENSE (J

(Page 3)

I Yol+_...._--:-3

1- f

If yes, will you be applying for a Class F or F-1 Liquor License?

If not, will another's license be used?

If so, whose?_fu-:_-.._~::_...::._-':"-':::::""::~'-"-_·_----' """"'''_'-'--:',_",c.~~--:;''C:''''''~~::;-":._._:::: .._::-..::::''':::=.-_:::::'::.-


Will there be gambling, e.g., bin~f~c.?~


f-~'.--=.:....<~,.....4L'u'-"'--'--'-iY=l~='",-=d=-,-W_4,-h_Ctk'-....::::..-:)

IJf7)WIeJ,ftre {'J

Do you have State Police Approval?~

em to be Furnished sfcrl-e ~?!IIVtJrlouJ (IUd ;{t- ~~.A.t.!0.~~~

(;t¥fi 'CcJeJ )

For Retail Sales - Have you co eted a "Promoter's Application For Permit to Operate a Show orEvent" with Rl Division of Taxation? (Contact No.: 222-2957)

FIREWORKS

Time fireworks will begin: I-----:tLocation from where fireworks will be shot:

I-====-==~r

I-~-- .-----------.Duratio~=-==.===-

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


ROAD RACE, WALK-A-THON. ETC. On Roadway(s) 1==r-On Sidewalk(s) -I==lf-Has notification been made to residents along the route? __Have temporary signs been posted?::=1Signs must be removed by the following day.)

SPECIFIC ROUTE:--------------------_.._-._---_.__..._--_.._- -

UUlX.8 Uftl b L/23)20\ \City ofNewport, Rhode Island , ,',

APPLICATION FOR A SPECIAL EjVEN'F LICE~SE:'-, ':: :' -, :.',-. ' ..i

DATE: _-:eL-'--l-I.....:,.....:{\-c::=....:::o,--,,'-'..'___ p. ~IB"U) PSI ~f !,',\ \ FEB - 1 2011 ' :

tlDz [- 83:1

EVENT TITLE/TYPE:

LOCATION OF EVENT:

Date(s) of Event:

Hours of Event:

1_~,--_\A-_l_';)_r_\.:,,----,t_~_\v_~ 1

Holder of Event & DBA:

Signature ofHolder of Even '.

Printed Name: ft~( ~ r~ Title: I~ut9\;."k

Address ofHolder ofEvent: I.~(It t".J 1'1'i ~\lQ.\lv~ Ave S\-e 5.\<0 NrM....{'''''+

Business Telephone: I (P IOl -'5 '\ ?,<>t I Residence Telephone: I'-- ....J

Is Organization Non-Profit? I ~ c; Is Organization Religious? fJ 0

Is there a charge for admission? I f'J 0 I I IL\.--\'-1

Is event to be on City, State, or Private Property? --='-----~,r_------------

Narne of Property Owner of Event Site: IC_A-':] D CA-J Il_.>-"!? t:>,--k. I,

Signature of Property Owner: I__~ I

Printed Name of Property owner:1 IWill Event be Indoors or Outdoors? I 0,· \- 0 "" ~('(' G f \ '\ I~ -\ 0'-....., <OJ :::..$<;>v0-t> 0.S ""<.,.. '1 JL9F

(Include Plan) - - -

EVENT HOLDER Q \ C,,~~...,~ ~"r\t.vk.,.,C~APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

If Outdoors, will toilet facilities be provided? I '(eS



Expected Attendance:'


I15OD'/00 IG~>: I

COpy OF TENT PERMIT MUST BE ATTACHED.

Seating Capacity: I-",-D-"I~_v'\~ _

For how many'vehicles? 1 _

CONCERT [tv oils staging or platform required? It= '" I Amplification?


P~I

DANCE 1r:J01 DEEJAY ;v 0 I Amplification: , --.J

Will there be animals? 1 _

Type: 1,--' _

SPORTING EVENT I'''1 e> Type: I YD"">{C ih<:..eSet-up Dates (Sporting events only): I,-,-_;....s_,/-I;..../j~_-.-:::o---'.:...W\'-'-. -o-:-_'--- _

PLAY I ((j0 If h. yes, w at type:

CARNIVAL I fJ 0 I CIRCUS

If yes, types of animals: 1---------------------------

SHOW OR EXHIBITION: 1f0 U ,I

OTHER (describe) 1_' _

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


Will food be prepared on the premises?

If so, is"Health Dept. Inspection Approval attached?

EVENT HOLDER -----------,--c-::-:-:::_:_=:APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)


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

I /0'0--1_-1_-

FIREWORKS


Ifso, whose? 1 -,_-'-_

Will there be gambling, e.g., bingo, raffle, etc.?·I P 01 Do you have State Police Approval? 1 _List Names of Vendors Item to be Furnished

For Re!ailSales - Have you completed a "Promoter's Application For Pel'mit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)

f'JODo you or the pyrotechnic have Newport Fire Mra__r__sh__a__l_ap~p:..r__o_V_al_?-.:..~=====~I~ _


Time fireworks will begin: IL _ 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 police


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:

UUL1L-C-\

FEB 8 2011

P" ,"

Docket Date: re.-b. 2'?:>! Z() \\

X Renewal

CITY OF NEWPORT, RHODE ISLAND

APPLICATION FOR ANNUAL PAWNBROKER'S LICENSE(R.I.G.L. 19-26)

DATE: ;)/41/1I I

NAME OF BUSINESS: £iii R,'vevgwV\-&JtK5

ADDRESS OF BUSINESS: '3\0 &6ciCkv~'I,:Y

*APPLICANT: ~\wJk ~I./A~,,-,-"fr--,,-,s' _

APPLICANT'S HOME ADDRESS: Id.Kd, t6gl\~{\d iii/I, "~I f.,'ttorJif!i (X2')Jo

*IF CORPORATION OR LLC, LIST ON A SEPARATE SHEET OF PAPER THE NAMES,ADDRESSES, DATES OF BIRTH, PLACES OF BIRTH AND SOCIAL SECURITYNUMBERS OF OFFICERS OF THE CORPORATION OR LLC MEMBERS.

Signature ofApplicant Title

~'l61 \ ..1(\'1°$15.00 Filing Fee Paid(Date)

************************************************************************FOR OFFICE USE ONLY

____ $2,000 Bond Submitted (attach) (2) Sureties Submitted (attach)

.;Jl/lvf'Z.-[ <ir/'LO\ I $200 License Fee Paid

(Date)

COUNCIL ACTION: _

DATE LICENSE ISSUED:

DATE: _

BY: _


Name and address of all officers and stockholders of corporation: (use additional pages if necessary)

?rtt;,S. 'J2AV'~) r1ANNI1ll6 vi· 'f.,,,J /UIIJ-J-a $f.C. ;;[5;(iJ (lit) WA"''I$6']; f! /}/2-I1S 1(.r:..H f;/l.-9 WIL..L..If/AI~

Prior arrests and convictions of any stockholders or officers of corporation: (use additional pages ifnecessary)

Owner of Business where machine(s) is(are) located: --'- - _

D/B/A ofBusiness: nllit1Jb/..y S,;Jw~ Or !JCtV(rira:

Location: '5-5"" fOra (Vb.oL sr /")[,?VftdL7;ff;f j)J.frl'1/t)

Type ofBusiness: ft.,'JIlr:i(]; u6( '&12) . Phone for Business: >t'Lff6IJf?b '7Description of Machines: Use additional sheet(s), if necessary.

,,'-

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

Mechanical Features Serial Number

Per Ordinance 5.20.010 New business must be advertised once a weekfor two weeks. Note advertisingfee is to be paid at time ofapplication.

(Filing Fee $25.00 per location, License Fee, first table $50_ Each Additional Table $25_ Sunday Fee perTable $50.)

Filing Fee:as- Date Paid: 2../q /7. 0 I \ Jm}-1

Fee for First Table: _$ r-O.OO Number ofTables:_'_ pClI'cJ 2../ q I'l. (; I I iN 11Plus Lie. Fee (additional tables): $ _Plus Sunday Fee (each table): _$,- _Plus Advertising Fee (ifnew): _$ TOTAL FEE: $ Date License Fee(s) Paid:_---,-__

ACTION OF COUNCIL: :;---;--'- ACTION DATE: _Issued By: Date lssued: _

App(J3PooITableLict::CL'>e-

'J- ~ ;}-j--I0


APPLICAnON FOR PRIVATE DETECTIVE LICENSE

(to be filed in duplicate)

NAME:

d/b/a

My CommIssion Expires

ADDRESS):(residence)

Home Phone:

ADDRESS LOCAL:

Signature ofApplicant:,.-:':::::::'~~~~~'---;.."t

Sworn and subscribed to before me this II ~ay oJ/i{J !.ttlf'/20l.L ~~--=---_-_NOTARY PUBLIC -.---.-.-------.--

5/0 !Z,o/5

----------- --OFFICE USEONLy~-~-~-~------

Application Fee: $ 50 Date Paid: d-. - (1-//.4 ;:/.License Fee: $/00 Date Paid: _

License Issued by: _ Date Issued: _

ACTION OF COUNCIL _ ACTION DATE: _

Page 1 of 2App03DetectiveLicense Created on 01105/04 11:55 A1\1

INTERNAL USE ONLY

NAME:<~~if /JiA-~/

Length of Time & Description of Previous Experience/Training as an Investigator/Police Officer. with a

State, County, or Municipal Police Department/Investigative Agency of the Federal Government or any other

Related Field: (use separate sheet if necessary) . ~ . .~

L,o /~.- #1'Ell<'P ~~ ~~T~~~~ ~

. ) I

Years & Description ofExperience as a Private Detective:

7)/,1$ - lfP7k'7e./ c.on? ddV 2i/s-#P'.##~ z:;;;~¥~/#5"E/

Have you ever been convicted of a felony in any jurisdiction or any offense against the decency and morals

of the community?~ES If Yes, please explain:

#Have you ever had a private detective/investigator's license revoked or any application for the same denied

by any licensing authority~ YES If Yes, provide details:

J

Page 2 of 2App03DetectiveLicense Created on fJIJ05/04 11:55 AM

From: Federico Santi [mailto:[email protected]]Sent: Tuesday, February 08, 2011 4:45 PMSubject: FW: Resignation (NFC)

P.S. Now we are down 2 members.

> From: [email protected]

FEB - 9 2011

> Date: Tue, 8 Feb 2011 15:44:20 -0500> Subject: Resignation (NFC)>> All,>> With regret, personal and professional obligations force me to resign from theCommission, effective immediately.>> However, I'll be happy to work as a liaison between the Commission and SalveRegina U if the need arises.>> Sorry for the abrupt announcement, but several unexpected changes underway atSalve are having an impact on my ability to serve on the Commission.>> I wish you all the best.>> Matt>> ******************************************> Dr. D. Matthew Ramsey> Assistant Professor of Film & Media Studies> Salve Regina University> 100 Ochre Point Ave, Newport, RI, 02840

AQUIDNECK ISLAND PLANNING COMMISSIONSERVING MIDDLETOWN - NEWPORT - PORTSMOUTH

And NAVAL STATION NEWPORT437 Broadway

Newport RI 02840401-845-9299 fax: 401-845-9290

www.aquidneckplanning.orgBoard of Directors:

MiddletownRichard Adams -ChairmanJan Eckhart- Vice-ChairmanCouncil Liaison - Barbara Von Villas

NewportMary Moniz, TreasurerTanya Kelley

PortsmouthRichard S. WimpressLuke HardingCouncil Liaison - John Robicheau

Advisory MembersJennifer McCannURI Coastal Resources CenterSea Grant Program

Roger Poisson, Navy LiaisonDan Sullivan, Alternate

Paige Bronk, Director of Planning;Zoning, Development andInspectionsCity ofNewport

Robert Gilstein, Town PlannerTown of Portsmouth

Ronald Wolanski, Director ofPlanning and Economic DevelopmentTown of Middletown

Staff:Executive DirectorTina [email protected]

Transportation Project ManagerJohn Burke, P.E.; MBA; CAPPJBllI'ke3142rii),gmail.com

Christopher WittDirector of Planning and Communications.chrisuyaguidneckplmming.org

Taylor RockEnergy Projects CoordinatortaylorCa)aguidneckplanning.org

Julie Oakley, Property Reuse CoordinatorAquidneck Island Reuse Planning [email protected]

February 15,2011

Mr. Stephen C. Waluk, MayorCity ofNewport43 BroadwayNewport RI 02840

RE: Appointee to the Aquidneck Island Planning Commission

Dear Mayor Waluk,

The Aquidneck Island Planning Commission Board of Directorsconsists oftwo members and an alternate selected from the PlanningBoard members in each community.

In Newport's case the current voting member is Tanya Kelley. MaryMoniz is the alternate, and can vote only ifthere is no otherrepresentative from Newport at a given meeting.

Since Naomi Neville has become a Council member, there is a need toreplace her with a new voting member. The AIPC looks to theNewport City Council to detennine who best should represent the Cityon the AIPC Board of Directors. The City ofNewport Planning Boardwill have some ideas regarding who is willing to serve, should theCouncil wish to confer with that body. Each community makes fonnalappointments regarding members delegated to serve on the PlanningCommission.

On behalf of our newly elected Chainnan, Dick Adams, we lookforward to having a full complement ofmembers from Newport.

Thanks very much.

Tina Dolen,Executive Director

MORNEAU & MURPHYATTORNEYS AT LAW

JOHN AUSTIN MURPHYJOHNB.MURPHYRICHARD N. MORNEAU.

EMILY J; MURPHY ••

'l)t71 NARRAGANSETI' AVENUE/ -JAMESTOWN,Rl0283S-1149

(401) 423.()400(401) 423-1059

o 38 NORm COURT STREETPROVIDENCE, Rl 02903-1211(401) 453.0500(401) 453·0505

NEALE D. MURPHY1904·2003

February 8, 2011

Ms, Kathleen M, SilviaCity ClerkNewport City Hall43 BroadwayNewport, RI 02840

Re: Conanicut Marine Services, Inc.lClass G. Liquor License

Dear Ms, Silvia:

This letter constitutes our formal request that pursuant to RIGL § 3-7-15, the City ofNewport grant us permission to serve alcoholic beverages to our patrons aboard our ferries, TheJamestown and the MV Katherine, while at dockside at our several stops in Newport Harbor forthe 2011 season,

Should the Commission wish to discuss any aspect of this request, we would be pleasedto appear at its convenience, Please let us know if this will be required.

~"4'~John A. MurphyGeneral Counsel

Enclosure: Class G Liquor LicensesCopy ofRIGL 3-7-15

Cc: William S. Munger

State of Rhode Island and Providence PlantationsDEPARTMENT OF· BUSINESS REGULATION

Division of Commercial Licensing and Racing and Athletics

MARINE VESSEL BEVERAGE LICENSE - CLASS G

Know all men by these Presents: No. 688

That Conanicut Marine Services, Inc, MV The Jamestown acorporation of Rhode Island, has been granted this, a retailcr's beveragc license Class G, undcr Chapter 3·7·15, Titlc 3, thc GeneralLaws of Rhode Island. 1956 as amended, authorizing the holder hercofwithill the Slale ofRhode Island. 10 keep for sale and 10 serve in itspassenger carrying marine vessels, beverages for the conswllption thcrcin or thercon, hut only when actually CII routc.

This license shall expirc onc year from its datc and he good throughout the Statc of Rhode Island, and it shall be kcpl posted in thepasscnger carrying marinc vessel of thc licensec where such beverages are sold.

This license is subject \0 such condilions, rules and regulations as the Dcpartment has established or shall in the [uture establish. and lO theterms and provisions ofTitlc 3 oflhc Gcncral Laws of Rhode Island, 1956, as amcndcl1.

IN WITNESS WHEREOF, the Dircclorofthc Departmenl of Business Regulation has caused IhislicCilse 10 be issued and aUlhL'11licaledby his or her seal and signature.

DATE: March 13.2011

Condilions eSlablished by Ihe Oeparlment: ' ._'.J. To such conditions as are set limh in said Title 3 of the Gener.! Laws of Rhode Island

1956 as amended. as are applic.blc !hereto.2. TI..t 'a!se st.lement, e....sion or deception in lhe application for this license or in the

Questionnaire In support of such application has been made.3. Tins license is subject to revocation and/or su!lpension for Violation ofany condition upon

Which Il is hdd, or ofany rule or regulation (0 which is subject.

'.. or_

POST THIS LICENSE IN CONSPICUOUS PLACE

State of Rhode Island and Providence PlantationsDEPARTMENT OF BUSINESS REGULATION

Division of Commercial Licensing and Racing and Athletics

MARINE VESSEL BEVERAGE LICENSE - CLASS G

Know all men by these Presents: No. 689

That Conanicut Marine Services, Inc. MV The Katherine a

corporation of Rhode Island, has been gr,mted this, a retailer's beverage license Class G, under Chapter 3-7-15, Title 3. the Gener.1ILaws of Rhode Island, 1956 as amended, authorizing the holder hereofwithin the State ofRhode Island, to keep for sale and to serve in itspassenger carrying marine vessels, beverages for the consumption therein or thereon, but only when actually en route.

This license shall expire one year Crom its date and be good throughout the State of Rhode Island, and it shall be kept posted in thepasscnger carrying marine vessel ofthe licensee where such beverages arc sold..

This license is subject tosuch conditions, rules and regulations as thc Department has established or shall in the future establish, and to thetcrms·and provisions ofTitle 3 ofthe General Laws of Rhode Island, 1956, as arnended.

IN WITNESS WHEREOF, the Director of the Department ofBusiness Regulation has caused this licensc to be issued and authenticatedby his or her seal and signature.

DATE: March 20,2011

Condilions established by Ihe Departmcnt:l. To such condilions as are seI forth in said Tillc 3 nfthe General Laws ofRhode Island

1956 as amended, as are applicable Ihereto.2. ThaI fat.e statemelll, evasion or deception inlhe application for this license or in Ihe

Questionnaire in suppon of such applicallon has been made.J. This hcensc is subject to rcvocalioll and/or suspension for violation ofany condition upon

Which it is held. or ofany rule or regulauoll 10 which is SUbject.

,rOST THIS LICENSE IN CONSPICUOUS PLACE

., • .j'

257 RET~L LICENSES 3-7-15

(c) The fee for ~p.e license shall be thirty-five dollars ($35_00).

HIllory of Section.P.L. 1998, .h. 3, § 1.Compiler'. Notes. The subsection desig.

nations (a) to (el were added and other stylis-

tic changes were made by the compiler to",oke Ih10 seelion .onsislen! wilh Ihe 1998r!!enactment o{ this title..

state. or any air ine operating n IS s a e. an a '-of the license .to keep for sale and to sell in its dining cars, sleepingcars, buffet cars, club cars, lounge Cars and any other' cars used forthe transportation or accommodation of passengers, and.in or on anypassenger-carrying marine vessel, and in any airplane. beverages forconsumption therein or thereon, but only when actually en route.

(b) In ad "0 the holder oUhe Class G license fOl"a assengercarcy:in marine vessel rna serve a co 0 IC evera es at retail a oard

e vessel during the period thirt . 3 mlDu es rior to the sched-re an· un e ar ure rovided that the local licensing

3-7-15. Class G license. - (a) A CI~ss Gretailer's license shallbe issued only to 'any dining car company, sleeping car company.parlor car company, and railroad company operating in this state, or

,an com an 0 eratin _ assenger carrying marine vessels in this

board, annually consents.(c) Each compimyor aulineto which the license is issued shall pay

to the department an annual fee ofone hundred dollars ($100) fol' thelicense, and one. dollar ($1.00) for each duplicate ofthe license, whichfees are paid into the state treasury. .

(d) The licerise expires one year from its date and is good through:outthe state as a state license, and only one license is required for allcars or airplanes, but a license issued to any company or personoPerating passenger-carrying marine vessels in this state shallauthorize the sale of beverages only in the passenger-carryingmarine vessel designatl\d and no further Hcimse shall be required ortax levied by any city or town for the privilege of selling beverages forconsumption in those cars or on those' vessels or in those wl'planes.Each lIcensed dining car company, sleeping car company, and railroad car company shall keep a duplicate of the license poeted in eachcar where beverages are sold. The depal'tment shall issue duplicatesof the license from time to time upon the request of any licensedcompany upon the payment of the fee of one dollar ($1.00). .

Hislory of Seclion.P.L. 1933, eh.2013, § 5; P.L. 1934, eh. 2088, .

i 2; P.L. 1935, eh. 2270, ~ 1; PoL. 1937, eh2525, § 1; G.L. 1938, eh, 163, §'3; P.L. 1939,eh. 660, § 120; G.L. 1956, § 3·7-15; P.L. 1960,eh, 75, i 2; PoL. 1986, eh. 535, i 2; P.L, 1994.ell. 39, i '1. .

Reenactments. The 1998 Reenactment(P.L. 1998, eh. '441, § 1) designat,d the sub·sections. .

Cross Referenocs. BeVl!rageo salable,i 3-5·12.

Pasting ofliconses, i ·3-5-18.Power to issue license. * 3·5~14,Re10eation or sUlipansion of Hcenses, U ::l~

5·21 - 3-5-23, inclusive.CoUaterol References. Li.bHily for Ii·

cense fee or one who has conducted busincsswithout required license. 5 A.L,R. 1312; 107A..L.R. 652. '

STATE OF RHODE ISLAND AND PROVIDENCE PlANTATIONS

DIVISION OF PUBLIC UTILITIES AND CARRIERSMotor Carriers Section89 Jefferson Blvd.Warwick, R.I. 02888(401) 780-2158

February 3, 2011

Mr. Stephen C. WalukMayorCity of Newport43 BroadwayNewport, Rl 02840

Dear Mayor Waluk:

RECEIVEDFEB 09 2011

FAX (401) 941-9161

Pursuant to RI.G.L § 39-3-3.1, the Division hereby notifies your office that it has received anapplication from the operator of the "Jamestown-Newport Ferry" requesting authority to amend its scheduleto include 10 daily stops at Waites Wharf in Newport. A hearing on the application is scheduled forThursday, February 24,2011 at 10:00 a.m. (Docket # II-MC-02).

If your office has any questions or concerns regarding this application, you may appear at thepublicly noticed hearing on the date above or contact this office at 401-780-2158.

Sincerely,

~t~Associate AdministratorMotor Carriers Section

Enclosure

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSDIVISION OF PUBLIC UTILITIES AND CARRIERS

89 Jefferson BoulevardWarwick, Rhode Island 02888

HEARING NOTICE

Pursuant to the provisions of Chapters 39-3 of the General Laws of RhodeIsland, the Division of Public Utilities and Carriers, Motor Carriers Division, hereby givesnotice that it will conduct hearings into the applications listed below at the times anddates specified. The hearing will take place at 89 Jefferson Boulevard, Warwick, RhodeIsland in the Division hearing room. The Applicant must appear in person.

Anyone wishing to protest an application must do so in accordance with theDivision Rules of Practice and Procedure. Anyone seeking Intervenor status for anyhearing described above must fHe a Motion to Intervene in that matter, in writing, withthe Division within seven (7) calendar days after the date Notice was given to the publicby legal notice in The Newport Daily News. The Motion must conform to therequirements of Rule 17 of the Division's Rules of Practice and Procedure (available onthe Division's web site).

February 24, 201110:00 a.m.11 MC 02

Water Passenger Carrier (Ferry) certificate holderConanicut Marine Services, Inc. (W-1162), One Ferry Wharf,Jamestown, RI 02835, is requesting authority to amend itsroute and schedule for its ferry service between Jamestownand Newport to include 10 daily stops at Waites Wharf inNewport, pursuant to RIGL 39-3.

Rebecca J. Harwood, ClerkMotor Carriers Division

(2/3/11 )

FEB ·1:2 2011

FAX (401) 941-9161TDD (401) 941-4500

'-....

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

JI>MSION OF PUBUC U'fILITIES ANDCARRIERS89 jefi~rson Boulevard .Warwick, R.I. 02888(401) 941-4500

February 10,2011

Mr. Stephen C. WalukMayorCity of Newport43 BroadwayNewport, RI 02840

Dear Mayor Waluk:

Pursuant to R.I.G.L. § 39-3-3.1, the Division hereby notifies your office that it hasreceived an application from the operator of Oldport Marine Services, Inc. requestingauthority to amend its route and schedule within Newport Harbor. A hearing on theapplication is scheduled for Wednesday, March 2,2011 at 10:00 a.m. (Docket # 11-MC03). For more information regarding this amendment, please see the attached hearingnotice.

If your office has any questions or concerns regarding this application, you mayappear at the publicly noticed hearing on the date above or contact this office at 401-7802158.

Sincerely,

~l~Assodate AdminlltratorMotor Carriers Section

Enclosure

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSDIVISION OF PUBLIC UTILITIES AND CARRIERS

89 Jefferson BoulevardWarwick, Rhode Island 02888

HEARING NOTICE

Pursuant to the provisions of Chapters 39-3 of the General Laws of RhodeIsland, the Division of Public Utilities and Carriers, Motor Carriers Division, hereby givesnotice that it will conduct hearings into the applications listed below at the times anddates specified. The hearing will take place at 89 Jefferson Boulevard, Warwick, RhodeIsland in the Division hearing room. The Applicant must appear in person.

Anyone wishing to protest an application must do so in accordance with theDivision Rules of Practice and Procedure. Anyone seeking Intervenor status for anyhearing described above must file a Motion to Intervene in that matter, in writing, withthe Division within seven (7) calendar days afterthe date Notice was given to the publicby legal notice in The Newport Daily News. The Motion must conform to therequirements of Rule 17 of the Division's Rules of Practice and Procedure (available onthe Division's web site).

March 2, 201110:00 a.m.11 MC 03

Water Passenger Carrier (Ferry) certificate holderOldport Marine Services, Inc. (UOldportU), Sayers Wharf,Newport, RI 02840, is requesting authority to amend theroute and schedule for its passenger service within NewportHarbor under certificate W-1138. Specifically, Oldportrequests authority to eliminate stops at King Park Stone Pier,Elm Street Pier and Newport Shipyard because of a lack ofdedicated dock space. Additionally, Oldport seeks authorityto double the number of trips offered on Saturdays andSundays during the months of July and August to offerservice every half hour between 11 a.m. and 7 p.m.,pursuant to RIGL 39-3.

Rebecca J. Harwood, ClerkMotor Carriers Division

(2/10/11 )

FEB - 9 2011

Year-end Report for The Newport Film Commission

The Commission met 10 times in formal meetings at Newport City Hall in 2010.

Agendas and minutes for each of the 10 meetings were filed with City Clerk Kathy Silvia.

The first quarter of the year The Commission was involved in helping the State Film Office tosecure the Rhode Island Film Tax Credits. We met with Senator Theresa Pavia-Weed and severalState Representatives addressing our position in support of the Tax Credits. We attended StateHouse Hearings and wrote letters of support. In the end, the Film Tax Credits were authorizedand The Newport Film Commission was instrumental in that final decision.

The Commission met with Mr. Vin Di Bona to make him aware ofthe Commission and ourvarious projects. His support was evident with a personal check from Mr. Di Bona in the amountof $2,500.00.

The Commission opened a checking account in our name at BankNewport and has beenworking through the Newport City Government requirements to establish and maintain such anaccount. The account is necessary because of an ongoing project from 2009 to produce a filmshowcasing Newport as a film destination.

The Newport Film Commission established a FaceBook site where we have 650+ friends. Thesite pictures Newport Film Hot Spots to attract filmmakers.

The Commission over the past year has met with film scouts, producers and had telephoneconversations relating to prospective filming in Newport.

We received with regret the resignation of Tom Gallagher and have one vacancy on theCommission.

At the recommendation of Chair Federico Santi, it was decided that the position of Chair shouldbe revolving every year and Philip Baskin was chosen to replace Santi as chair.

The Commission has reached out to the non-profit group: Friends of the Pickens and will worktogether in support of Film related interests in Newport.

We met with local filmmakers, talent and Film Union officials during regularly scheduledCommission meetings over the past year and are committed to support filming in Newport.

Submitted by Chair Philip Baskin

Newport Police DepartmentParking Violation Review120 Broadway

I Newport, Rl 02840

INSTRUCTIONS

REQUEST FuR REVIEW OF,

PARKI NG VIOLATION1, Complete sections A, B & C , , ~~,IE a;--T:fll1fi2-T2. p,~,,, •del."" ~.'"",on of YO"' oom,"mt. If~~,~>dm. ,d"i"I""'-·.ro,.&.,!3, Sign the complaint form, II'll ,.

, The complaint will ti~ reviewe'd and you will receive a written decision, "J FEB 14 2011 ,': I

I Section A: COMPLAINANT INFORMATION I J!S!.~~~.I,:!!r' C::.J"elll 0;,-, "~Ii

NAME ~.,~." ,

1PHONE # :'31'7-0' iI7-1-·~W~~~ITT~~ <~E,;-::'5.,.7/'£- /~ ~,'

L -/) /7> ;'/ ~E,:J£.-. "i-a,\' -ADORESS . # S.TREET CITY fTOIfolN

t&Jf1ZIP

,:>1. J.,-~ /J)/h2NtPT .!'" ',---

_.~) .{J~777' _1 i"Ari/5;ir)'i

I Section B: PARKING TAG INF INFORMATION IREGISTRATIO!'J , TICKET NO.

! '1(" ;Sl31 (.1 (/ o,,-q //VIOLATION NO.

Ij) 6Cf6 ?l'/DATE ITIME

" y--I/~.~":. "--

LOCATION

;r>i.." "'.ott r,;) /1 ;\r.,,, . I L \i L.

NEAR

.l)'t?! I <' -' 1''""7\1 I/\/t'""i- c) t...._/~:.J <'~. i1 ,°1"" ...:;. ~MAKE OF VEHICLE 1- \YPE l COLOR I STATE

':J "Ii , __ 2U7 -/~n' I,-:ht/-e /7}/7I'on . ," •UL..

Section C: EXPLANATION

{-

COMPLAINANT'S SIGNATUR~

If additional space IS needed use the back of thiS form

~;.~. ).jti'-i~".~"_i. r' (' P[ki.1. ..1 ~&~L-DO NOT TURN IN PARKING TICKET

WITH THIS FORM !!

IHANK .... OU!

EntrY Mhod: SwipedI 10&.00

15:Q2:2QAppr Code: 30b900

R.I.D.P.U.# Me-55

RHODE ISLAND TOWING"We Tow Them All, Large or Small"

RJ 10".3 Connell Highway • Newport, RI 02840" 73 Vernon Avenue· Middletown, RI 02842

Tel: (401) 847·4000· (888) 748-6964M¥-\ bc. S ';jn,::rJ8-o7o

INVOICE Ne 26SB L{- /0\ .. ( () L( (t-j

;).}

Pick-up Location: ('/\ It· \' ".;> ,,'j I :s. ..,.,' '.

Date .~,. u. II I T.O.S.•..~ DAM '",PM! Requested BY:}\jl ,rJ/:)"" .', ICLEAR TIME' kilO AM I5J1'M I . Y --

Delivery Location: }JZ ::to 'To <-0 I !'PVehicle Information: __• .-1

!'J -~,' VIN # >J",;";;:;;:;:===:;;;:~:;;';=::;:==::::::::;::::~==::~=Makep" pm (/ ,", \ MOde';::: ( I'J ..C: '''', RECOVERY FEE TRUCK TOW ONLYReglstratlonl<:.j C);"itate~ ($60.00 per hcur) 8001 to 16,000 Ibs ($86.00ph)

(~.. f\ ,t. 7').\ (Charged In 15 minute Increments)

Colo, _".",v" ., Yea,___ Time: End__Start__TIme: End _

I\C~O~n~dl~tl~on~::::=========~ Total Hours: _t: . Start Extra Man~hrs: __ x__MILEAGE ($3.00 per mile) 1s15 miles fr.e T I I H .Odometer: 0 a ours,------ ($45 ph days 8-5, and $55 nlghls+w/e)

Start: Total Recovery Fee: Total Truck Tow Fee:__

End: NON·CONSENSUAL PRIVATE·PROPERTY TOWTotai Miles: 0 $93.00 per tow Inclusive. No mileage charge applicable.

IT,~ot~al~M~II~ea~g~e~C~ha;;rgge~: :,;::::=;::::::;:::...j ;]- l( - {{ STORAGE~' !'r.: Date: Time:' rtf"RELEASE FEE ($20.00 ~'l.'~5urs) Storage Date ~rom: ;;a .c.( To: .....Time Vehicle Released' . ~ Day(s) x $24.00 per day up to 20 ft. for 24 hr.Total Release Charge: period. Others see Note C. on reverse side.

"129 Cti~NELL H\..I'INHIPORT. RI. 028'10

401--Bq7-1J000

~:~~hio~ ~~20~~ij~ij~iji~ia%'1q000

Sale

xxxxxxxxxxxxQqb3~ISA

Total:0210Q/llInv ": 000005Apprvd: Online

RECOVERY FEE

STORAGE CHARGE

I~HEEL LIFT 0 FLAT TIRE TOWING CHARGE :S:;::' ;;; .~_

o FLAT BED/RAMP 0 JUMP START MILEAGE CHARGE ...

o OUT OF GAS 0 LOCK OUT

o EXTRAMAN LABOR 0 WINCHING

o DOLLIES 0

RELEASE FEE

FUELSURCHARGE

(/ /, /("; l:l:river'8Slg?awr,=~"£_,,~~ _.~' ( ";-··,"-'-... M_•. _'/'. ;d~; - ,~.,"-"---

Cuatorti'j"r'a SI nature

TOTAL

/

SEE CONSUMER INFORMATION ON BACK.'

Revised 3/10

Questions regarding this bill can be addressed to the Tow Company. /,,/-Complaints can be flied with the Rhode Island DivIsion of Public Utllltle~<s:nd Carriers,89 Jefferson BlVd., Warwick. RI 02888 or Call 941-4500 Motor CarrhiWOlv. (Extension 5)

-.

PAGE ]0[2

Last printed 6/5/2007 10:54

CiTY OF NEWPORT, RHODE KSLANDDec. 1, .Nov. 30, _

VKCTUALING UCENSE AJ?PUCAUONTO THE HONORABLE COUNCIL: DATE: 1~;fJ /1/

LICENSED PREMISES

<8 WEST ~OO{OvU::~l+

If t r

ML J-p1tv~C ~ _/

OWNER (LLCiCorporation):

State IiZ=r IZiP:!6o-C(5i) I~~=====~

Owner Phone: 1'';-61 5(, () 61{ 7)/ IBusiness Phone: I~",,~..~ I,.'"...... -...........

Mailing Address (choose one): (a) Business Location, (brOwnershipAdd~ Or (c) Other (specifY below)

ILicense Number: CLASS: ILitter Rating from I-----'----------------. City Clerk: . ---'

DURATION: I I (Annual is DEC 1 tbm NOV30) or if Seasonal (list dates): 1 _

Estimated monetary r::;: 1 liD Or)O 00 Iinvestment involved: W()\u /' .==========Hours of Operation: I Ii: 3D ~A- ~ I; oa ~ "" IDo you have Extended Hours of Operation (i,e. 2:00 am till 6:00 am)? [iQflJ if yes, specify extended hours anddays:

Hours: I IDays: I ,Is liquor license application being submitted by the applicant?~ or will it be in the future? D

. DODDD."'t> 1lI

Description and/or rendering of architecture to be used (if changing). INITIALS: : Attached? (YES?No) : :'\,00"'000 '\,000000°

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

Filing Fee:~ Date Paid: IIIZ\ \ I~ License Fee: I rJlif.. IDate Paid: l -J

Approved by Council _ Disapproved by Council _

Issued by Date _

Y ft:IUUlll"I)j, .LAtA::nSr:; /J.Pj1llf...,U~lUn u eel, f V IV 0 Y .) 1I,

Owner:DBA:Location:

Trasb Receptacles?

I L ..L. A J. I Number: r------=S=-"T...:.I/...:.('-"c:'-/~'---'..:a'-.r-'.:".:..:Iitt.:,41-· of Cars ~

r:-;-l.JDumpster? LfuJ

ParkingLocation?

If NEW establishment -011"- if NOT alreally "on-file", PlLANS must be provilled.Ifnew estabiishment, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpste:location, and parking area. Ife.7

000 •• 0 •• 0\ :.oo ~~~,.o.o •. 0 •••• 00 •• 0 ••• 000.000 •••••••••••••

Plans attacbed or on-file (YES or NO):~! & Signature:~ ..,._.""' ,

Current Seating: I qC( I

UEJParkingAvailable?

Garbage Disposal:

Location:

Type/Odor Prevention:

Weigbt per pickup: 'tooNumber of Cans:

PR.J:VATE PICKl[JP?! YeS I By Wbom? IL...:.~---=F_._r --,--- _INITIAL to acknowledge receipt ofLitter/Trash Info (ifnew) ,........... DATE{..•.... ·• ......•.... •....

\.0.00 ••• 000 pooooooooo ••••• o •• o ••••••••

Type ofBUSINESS:

Your signature below indicates that you have reviewed the information on this two page form and agree thatis correct. Any change wi!1;Feqrrifetll.m,a new application be filed with the City Clerk's office.

Signatllre of r"''?' ~: ..~,0 · ·..· ·..·.. ·1 Date: ri'7~~'7Di/·OOD.OD~Applicant: . 6.::>",· -/ .Phone#:

Print Name: Title: I A ,. ( vtf-lvlAif ev-

MUDVILLE PUB

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\/OUTDOOR PATIO

10'- 011

25' - 3"

0"

January 28, 2011

Mayor Stephen C. Waluk and

The Honorable City Council

Newport City Hall

43 Broadway

Newport, RI 02840

Dear Mayor Waluk and The Honorable City Council members,

I'm writing to introduce you to "On The Record Media" and the "NewportRecord.TV" that will be online

this coming March.

For the past year we have been developing our new media programming format in Jamestown, RI with

the production of the "JamestownRecord.TV".

On The Record websites feature videos of local government meetings making them available "On-line,

On-Demand, 24/7" using streaming video from our internet servers. We also present clips of community

events and school programs and do "live broadcasts" of special interest topics.

A very popular feature of our site is that official meetings such as Council, School Committee, Planning

and Zoning are each presented in "agenda detail format" so the viewer can access just the parts of a

meeting that interest them the most. We show a copy of the actual agenda and timestamp icons for

each item, so it's simply a point-and-click action to view a specific portion of each meeting's agenda.

Our program format guarantees the viewer "1000% Percent Accurate Reporting" because we do not

edit meetings in any way. Our camera runs from the official opening of the meeting to the final motion

to adjourn.

We have no commentary, no opinion and are 100% non-partisan in our reporting. When it comes to

government activities our policy statement is... "If it's not done on the record, it's not shown On The

Record".

The Record is funded by advertising sponsors, making access to our websites free of charge to the user.

By being truly non-partisan, advertisers have no concerns about our media activities taking a position

that is contrary to their own political interests.

Our primary purpose is to make local government available to the internet-active citizen who otherwise

would not be able to attend meetings of interest. We help promote Open, Transparent Government

and a better understanding of the activities involved in the day-to-day tasks of governing.

RWV, Inc. DBA On The Record Media R 13 Sail Street - Jamestown - RI 02835 Phone: 401.354.2353

We are aware that a few communities in the area are considering offering on-demand streaming

of their meetings on thier own but have had difficulty justifying the expense with obvious budget

constraints. That's why, in the spirit of community service, we offer to freely share our time-stamped

video agenda pages by making them available to the City's Technology department to integrate with

your website if desired.

All online streaming is hosted by our servers and can be delivered in a transparent and seamless fashion

without confusing regular users of the City's website. There is no charge to the City for this integration

and the on-demand video streaming.

We look forward to an exciting future for our new media offering in Newport and are pleased to be

adding several jobs for those unempioyed or underemployed in Newport during these tough times.

We will be doing our best to gain the same overwhelming enthusiasm by the City's internet active

citizens as we enjoy in Jamestown today.

Feel free to check out what we have done in Jamestown by visiting us at www.JamestownRecord.TV .

Thank you for your time and please don't hesitate to contact me with any questions and discussions

about how we can share our new media resources with the City.

Sincereiy,

Sav Rebecchi

On The Record Media

Publisher

RWV, Inc. DBA On The Rewrd Media - 13 Sail Street - Jamestown - RI 02835 Phone: 401.354.2353

WHEREAS,

WHEREAS,

WHEREAS,

RESOLVED:

IN COUNCIL

CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

NO. _

Section 4.12.040 of the Codified Ordinancesof the City of Newport provides that the CityCouncil each year shall adopt, by resolution,on or before the first regularly-scheduledmeeting in March a Capital ImprovementProgram; and

Section 4.12.040 also provides that a publichearing is to be held at least one week priorto adoption of the Capital ImprovementProgram; and

on February 9, 2011, the Council held apublic hearing to solicit comments on theRecommended FY 2012-2016 Capital ImprovementProgram. NOW, THEREFORE, BE IT

that the Council of the City of Newporthereby adopts, in concept, the Recommended2012-2016 Capital Improvement Program, withthe first year to be incorporated into the FY2011-2012 Operating Budget.

READ AND PASSED


CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO.

AN ORDINANCE IN AMENDMENT OF TITLE NINE OF THE CODIFIED ORDINANCES OFTHE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS AMENDED,ENTITLED, "PUBLIC PEACE AND WELFARE."

BE IT ORDAINED by the City of Newport:

SECTION 1. Chapter 9.08 of the Codified Ordinances of the City ofNewport, Revision of 1994, as amended, entitled "Offenses AgainstProperty," is hereby further amended by DELETING Section 9.08.110,"Snow Removal," and ADDING IN LIEU THEREOF the following:

"Section 9.08.110. "SNOW REMOVAL AND DISPOSAL.

"A. No owner, occupant, or other person having the care of anybuilding or lot or land bordering on any street, square orpublic place in the city where there is a sidewalk, shallfail, within five hours of daylight, after the ceasing tofall of any snow, to cause the same to be removed from thesidewalk adjoining such building or lot, and in allstreets where there is no curbstone set, a pathway atleast ~ three feet wide, shall be made on and along thesidewalk aforesaid for the convenience of pedestrians.

"B. No person shall dispose of any snow by throwing or plowingit onto the travel lane portion of any public roadway; norshall any snow that is shoveled, plowed or collected bedeposited directly into any waterway, including, but notlimited to, all fresh water ponds and the waters ofNewport Harbor."

SECTION 2. This ordinance shall take effect upon its passage andall ordinances or parts of ordinances inconsistent herewith arehereby repealed.

IN COUNCILREAD AND PASSED


ORDINANCE

OF THE

COUNCIL

NO' _

AN ORDINANCE IN AMENDMENT OF TITLE 10 OF THE CODIFIED ORDINANCESOF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, ASAMENDED, ENTITLED, "VEHICLES AND TRAFFIC."

BE IT ORDAINED by the City of Newport:

SECTION 1. Chapter 10.24 of the Codified Ordinances of theCity of Newport, Revision of 1994, as amended, entitled,"Parking Restrictions on Specific Streets," is hereby furtheramended as follows:

10.24.010 Parking Prohibited at All Times in DesignatedPlaces.

No person shall park a vehicle at any time upon any of thefollowing streets:

DELETE "OCEAN AVENUE" AND ADD IN LIEU THEREOF THE FOLLOWING:

"Ocean Avenue. Either side, Coggeshall Ave. to Castle HillAve., except in the following designated areas: north side,from the westerly end of the Green Bridge, extending for adistance of six hundred (600') feet west to a sign; westside, beginning two hundred seven (207') feet south of theentrance to Castle Hill and extending two hundred twenty-two(222') feet southerly thereof, between the hours of fivep.m. to nine a.m.; north side, beginning opposite a pointfive hundred feet west of the entrance to King's Beach,proceeding westerly to a point one hundred fifty (150') eastof Harrison Avenue; and north side, beginning twenty (20')feet west of Harrison, westerly to a point twenty (20') feeteast of the east entrance to Brenton Point State Park."

SECTION 2. This ordinance shall take effect upon its passage andall ordinances or parts of ordinances inconsistent herewith arehereby repealed.



fi r.'j'--'

City of NewportOffice of the City Manager

...;

TO: Mayor & CouncilFROM: Ed LavalleeDATE: 02-15-2011RE: Thames Street Traffic Review

MEMORANDUM

The City Council directed the Administration to request that the InterdepartmentalTraffic Commission (ITC) review the traffic flow and related traffic issues onupper Thames Street and provide recommendations for any appropriate changesin the City Ordinances governing those traffic issues.

The ITC met and reviewed a series of comments and recommendations providedto them by a group of area residents. The residents suggested the following withregard to traffic approaching upper Thames Street from Farewell Street,proceeding south:

• Increase police enforcement of traffic violations; ticket every violator• Stop every truck driver and ask their destination• Make traffic counts of vehicles traveling through the upper Thames

Street area• Install more signage advising of weight restriction on upper Thames

Street• Install bump-outs on streets abutting upper Thames Street• Change traffic direction on upper Thames Street to be north-bound,

from Bridge Street north

The ITC reviewed the resident recommendations, discussed the issues with theresidents on several occasions. At the same time, the Police Department focusedmonitoring and enforcement activity on the upper Thames Street neighborhoodto verify traffic flow, traffic violations, and related deficiencies in eXisting trafficregulations. Results of the police activity was reported to the ITC. TrafficSergeant John Barker appeared before the ITC and related the results of thevarious police activities. Based on the Police Department's documented review oftraffic issues, and in response to the resident group's requests, the ITC reportedthe following recommendations in their monthly meeting minutes:

• Do not change any vehicle traffic patterns. Such changes would havemeasurable impact on adjacent streets. A traffic pattern reversalshould only be done if a more encompassing traffic study suggests thatit would provide an overall traffic flow and public safety benefit

• Do not install bump-outs. These devices are commonly used to slow orcalm traffic. Based on the documented police observations of trafficflow, the average vehicle speed is at or below the permissible speed.

• Additional signage specifying vehicle weight could be beneficial, butplacement of additional signs should be limited to the immediate area.Suggestions to erect signs near the Van Zandt Bridge intersection arerejected as they could confuse drivers

• The recommendation to increase monitoring of traffic volume andtraffic speed will be adopted. Along with other areas of the City, thePolice will increase the use of monitoring devices to increasecompliance rates

• The Ordinance governing vehicle weights should be modified.The specified tare weight measure for defining weight limits refers tothe unladen weight of a vehicle. This measure unreasonably restrictscertain vehicle passage and may overlook others that should berestricted. The recommendation, and presumed spirit of the existingordinance, is to restrict vehicles based on their overall weight(inclUding freight and other materials on board). The City Ordinanceshould be amended to use Gross Vehicle Weight (GVW) as thegoverning factor for weight restriction. This change should be appliedto all classes of vehicle weight restrictions and the specified Citystreets to which the restrictions apply, as defined in the Ordinance.Accordingly, the Administration will develop a comprehensive list ofstreets and appropriate GVW standards, and return to the Council witha recommended Ordinance change

In summary, the Police monitoring and ITC examination of the traffic flow in theupper Thames Street area did not reveal an inordinate rate of traffic violationswith regard to speed, or weight restrictions. In consideration of the essential useof upper Thames Street as a corridor to the downtown business area and theupper Thames street neighborhood, at this time it is considered that a change inthe permitted direction of traffic flow is not warranted. The impact on abuttingstreets from displacement of southbound vehicles would not justify the nominalchanges in traffic flow on upper Thames Street. Police will increase monitoring ofactivity in that area and signage will be enhanced. Efforts are also underway tocontact GPS manufacturers to request that their respective systems modifyrecommended truck routing to conform to the City's traffic regulations

Communication # 4770/10Docket Date: November 10,2010

City ofNewport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:Staff Presentation:

RECOMMENDATION;

Mayor Jeanne-Marie Napolitano &~orableCity Council MembersEdward F. Lavallee, City Manager7~~November 10, 2010Legal Services (CRMC Permitting) #11-021Paige R. Bronk, PZD&I Department Director

Approve resolution and contract award to Adler, Pollock, and Sheehan P.C. of Providence, RI for $25,000 to providethe City of Newport legal services in representing the pending CRMC application for the Public Transient Docks atAnn Street.

BACKGROUND AND FINDINGS:

The City of Newport's pending CRMC Application before the Coastal Council requires legal representation. Given thecomplexity ofpe111litting the Public Transient Docks at Ann Street and the limited temporal resources of the Solicitor'sOffice, an RFP soliciting legal services was issued. Thirty-twp firms received notice through the City's bidlRFP'nPtification system. Bids were,returned 13 October 2010. The sole respondent was Adler, Pollock, and Sheehan P.C.(APS) at discounted hourly rates (see attached). Lump sum price, not to exceed, $25,000 for the proposed scope ofwork.

The extension of the Ann Street Pier provides the requisite infrastructure to significantly increase municipal revenuesthrough user fees and thereby grow the Maritime Fund. The Newport taxpayer is a direct berteficiary of the growth inpublic transient dock user fees from reduction property tax burdens. ' Harbormaster management of the existing AnnStreet Pier during the past two seasons has clearly demonstrated the ability to generate significant maritime funds.

Newport is an established destination harbor and a Commercial and Recreational Harbor as outlined by CRMC. Yet,Newport harbor has a tremendous umnet need for low-cost public transient berthing facilities. The Harbor Center andthe Ann Street Pier serve as the ideal combination for providing public transient facilities. Development plans for'theAnn Street Pier include public pump out facilities. Under no circumstances will boats docking at the Ann Street Pier beallowed to stay longer than forty-eight hours. Moreover, boat maintenance is explicitly prohibited at the Ann Street Pierfacility. The proppsed docks, the existing pier and the Harbor Certter facility emphasize Newport's commitment toCRMC's stated goal of establishing public facilities that serve boaters of the State. Moreover, in supporting the publictransient boater facilities at 'Ann Street and the Harbor Center, the City of Newport cements its commitment to thepublic trust waters that keep Newport harbor open tp boaters of all varieties and economic means.

Creating and maintaining public facilities is a cornerstone of the Harbor Management Plan. Opportunities for publicaccess to, and from, the water in Newport are limited. The application for expanded public boating docks at Ann StreetPier is a unique oppPltunity to promote public access. The city, state and federal sources have committed significantpublic resources in assuring public transient boating docks and 'facilities at Ann Street are successfully completed.

The CRMC administrative staff has provided highly favorable recommendations to the Coastal Council. The staff citesthe public benefits of the proposed extension in the increased use of public trust waters and permanent public access of,and tp, the water.

WlIj '10~1fr,:, tJ51~' ~/rf;;O"rrc 08 201~l (!J)7~#£:;£_-16 ~~J//

·Communication # 4770/10Docket Date: November 10, 2010

PREVIOUS LEGISLATIVE ACTIONCouncil Resolution 20 I0-073 authorizing the submittal of CRMC application for an extension to the Ann Street Pierand the development of the Harbor Center consistent with the terms and conditions of the Boating Infrasttucture Grant.

FISCAL IMPACT

l Currently Budgeted (Account (Maritime Fund) 04- I90-999-0440970)_ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionRates/Price Quote,Corporate InformationContract

Requires additional appropriation

Finance Dept Review: Date By: --6.L.-__ (if applicable)


TO: Mayor & CouncilFROM: Ed LavalleeDATE: 02-15-2011RE: Legal Services - Ann Street Pier

MEMORANDUM

In November, the Council deferred a request by the City Administration toapprove an appropriation of $25,000, for the purpose of purchasing legalservices to represent and support the City's application to CRMC for anextension of the Ann Street Pier. The Council directed the Administration tocomplete two tasks as a prerequisite to the Council approving the legal servicesrequest:

• Provide the Council with a Master Plan for the Newport Harbor Center• Schedule and hold a public workshop to discuss the Harbor Center

and the plan for the pier extension

The Council was provided with a Master Plan for the Newport Harbor Center aspart of the February 9, 2011 Council meeting docket. The plan details theplanned use of the upper and lower floors of the armory building, the plannedexpansion of the Ann Street Pier, a pro-forma projecting expense and income forthe pier and armory operations, and grants and other outside funding provided tothe City to support the planned improvements of the City asset.

A public workshop was held in the Council Chambers on January 19, 2011, forpurposes of discussing the plans to maintain ownership of and improve the

. Newport Harbor Center. At that session, attendees were given the opportunity toquestion features of the planned project and to comment to the Council and staff.The staff provided a summary of the history, ownership, previous uses andplanned improvements to the site. The Council and staff addressed questionsfrom the public. The staff committed to working with the public to improve the siteand maintain the Harbor Center as a resource for use by residents and visitors.

Having accomplished the Council mandates noted above, the attached CouncilAction Form is presented to Council for reconsideration of the request for legalsupport of the application to the CRMC for extension of the Ann Street Pier.

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No ..

WHEREAS: The City of Newport requested Sealed Bids forLegal Services - CRMC Permitting, Bid # 11-021. Bidswere received on 13 October 2010.

WHEREAS: Award has been recommended to the sole,most responsive bidder being Adler, Pollock & SheehanP.C., Providence, RI at their bid price, and discountedhourly rates as listed in the submitted proposal.

NOW THEREFORE, BE IT RESOLVED: That the bid ofAdler, Pollock & Sheehan P.C., Providence, RI, is herebyaccepted at a total not to exceed cost of $25,000.00 andthe Mayor is authorized to sign said contract on behalf ofthe City, subject to favorable review by the City Solicitor.



Ar~$iscommitted to providIt1~tl\~'SitrofNewport with the highest quality service att\ieJ9YveslJ'ossiblecost. Many (iil<;irtts have negotiated discount and/or blended ratesb(\seQ (1) iegal work volume. AI~~~lc¢U~j()matily bills based upon hourly rates and wouldbe happy to provide a 25% disCOUljt¢Qhotltly rate for the City ofNewport. In addition,AP&oS d(jes not charge for anyinsidc copying or faxing.

25% DiScoUllted Hourly Rate:

549707.1

Partners Hourly Rate

Joseph DeAngelis $390.00 per hour

Elizabeth Noonan $350.00 per hour

Kristen Sherman $300.00 pel' hour

Associates $200 pel' hour

Paralegals $165.00 per hour

Discounted Hourly Rate

$292.50 per hour

$262.50 per hour

$ 225.00 per hour

$ 150.00 pel' hour

$ 123.75 per hour

(Attach your Proposal)

(400 351-4Q07

Date: Octgher 13. 2010

8

Bid/proposal Sheet # 11-021

1. Legal ServicesCoastal.Resource Management Council Permitting

(401) 274..7200

l/WeJoa.ephDeAngelis . th\3 ungersignEilg do herEilby proposeto furnish ~h~ .CIW of Newport, Rhode Islilnd, Leg~1 $el'Vl~$ - Coastal R(:lsourceManagement Council Permitting, in accordance I>Vlth all terms andspeciflcations·,contl:!il1Eld herein:

Adler l'ql;!ec.k &. Sheehan P, c.NAI'I1I: OF FIRM

0lle Citbens Plaza '. 8thlfJ,'. prQYid~nce. RI02g(}3

NOi1!:

011 ~.SeP'iln:ltfil a~c::hl:llent, or use.the one provli(e Ile Officers of yourcot'poratiQru~r Milelpals of yourLLC. Awardci1l:'l.' ,... , .. do.ne without theattachme.nt". ." . . \.~.',~;."

Also, Please pfOV!~~a'ny literature you feel may be nett{ .,

All bidders are,r>' ,.hSJble for insuring that no ad .. , been mtld\3 to theoriginal b)d.p "

-,::.,-j;;)"!::.:f;}-j';<-;c-,,:;:- ",,:-,:-"', , ",,"," .'--:::"".:;,i\·:{<K::x,:.:c:-::, ' ," -;All bid packages. ahd lid.dendumes are located at !ijWw.cIWQfnewport.com or you cancontact thePl:i~~~~s)iig:Department. ',; t,~;· ....

"',Tc" ;"<~-:5Yi\.fJ;:,Y;"" /);/;'\,.'If::<biU'':'I,'

K~:V::;:

iii*Ii'"II'iIIIIIIII

olde~/Executive Committee- - , I'IitUr/posltion ---

Tltle/Officer/PQsltlon

Title/Officer/Position

lltle/O'fficer/Posltlon

sh~:#~h9J:dertli:j{i!pJI t"jJrA CODU1i.i t tee" Title/officer/Position

Shl>reholder/Executive Committee. . T1tie7orftcer/posltlon

~anaging Sha~eholde~/Executive Committee. Tltle/Ol'licer/Poslti;';------

Sharehpld~r1Exaeuti~e-UommitteeTitle/Officer/Position'

--'···--'T1t1e/Offir;eNPoSltiOn

9

t:lid-#11-021

,', Gp)11piete com)Jaify Name

MI11;~ '0. _DenehyNaine ----,-,-'.'-

List th/il Officers of YlJut Corpor"tlon (If Pritlclpills of your LLC. Award can not be doneW,ltliOut til!! attachment.'

Adler PQ1J,p<;lt & ,Sheehan P.c.

,)THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

)

RESOLVED: that the Council authorizes 'the Cityadministration to proceed with theapplication to the RI Coastal ResourcesManagement Council for an assent permit tobuild an extension of the Ann Street Pier;and to proceed with the development of theHarbor Center, consistent with the terms andconditions of the RI Boating InfrastructureGrant Agreement between the City and RhodeIsland Department of Environmental Management(RIDEM) dated October 27, 2008.

IN COUNCIL

READ AND PASSEDApril 28, 2010

City of NewportContract

CRMC Permitting Legal ServicesRFP-ll-021

Revised on 29 September.2010

This Contract (The "Contract") is made and entered into, by and between, the

City of Newport, (the "City") and Adler Pollock and Sheehan PC, of Providence, Rhode

Island

(the "Contractor"). This Contract shall become effective on the date it is executed by

the last party to execute ("the effective date").

This Contract is for a project identified as CRMC Permitting Legal Services as

outlined under RFP #11-021 (the "Project").

For, and in, consideration of the mutual promises, covenants, and agreements

set forth herein, and for other good and vaiuable consideration, the sufficiency of which

is hereby acknowledged, the City and the Contractor agree as follows:

ARTICLE 1

THE WORK OF THIS CONTRACT

The Contractor shall execute the entire work described in the Original Bid/Proposal

package and Contract Documents contained herein, except to the extent specified

indicated in the Contract Documents to be the responsibility of others, or as follows:

ARTICLE 2

DOCUMENTS INCORPORATED BY REFERENCE

This Contract references or includes the plans and specifications for the project as

identified thereon as such included in the original Bid/Proposal Package # 11-021.

All documents heretofore described are hereby incorporated herein by reference and

thereof made part of this contract. Change Orders issued hereafter, and any

amendments executed in writing by the City and the Contractor, shall become, and be a

part of this Contract. Documents not included or expressly contemplated in this

Paragraph 2, do not, and shall not, form any part of this Contract.

Revised on 29 September 2010 2

ARTICLE 3

REPRESENTATIONS OF THE CONTRACT

In order to induce the City to execute this Contract and recognizing that the City

is relying thereon, the Contractor, by executing this contract, makes the following

express representation to the City:

(a) The Contractor is fully qualified to act as the contractor for the Project and has, and

shall maintain, any and all licenses, permits or other authorizations necessary to act

as the contractor to complete the Project.

(b) The Contractor has become familiar with the Project Scope and the local conditions

under which the Project is to be completed.

(c) The Contractor has received, reviewed and carefully examined all the documents

that make up this Contract, including, but not limited to, scope of services, and has

found them in all respects to be complete, accurate, consistent, coordinated and

sufficient for completion.

(d) The Contractor is familiar with all Federal and State iaws, Municipal Ordinances, and

any Orders and Regulations, that may In any way affect the work of those employed

therein, including, but not limited to, any special acts related to the work or Project

of which it is a part;

(e) The Contractor is aware of the hazards involved in the work and the danger to life

and property, both evident and inherent, and the Contractor will conduct the work

in a careful and safe manner without injury to person or property.

ARTICLE 4

INTENT AND INTERPRETATION

With respect to the intent and interpretation of this Contract, The City and the

Contractor agree as follows:

(a) This contract, together with the Contractor's and Surety's performance and payment

bonds for the Project, if any, constitute the entire and exclusive agreements

between the parties with reference to the Project, and said Contract supersedes any

and all prior discussions, communications, representations, understandings,


negotiations,or agreements. This Contract also supersedes any QBS/bid/proposal

documents not incorporated herein pursuant to Article 2.

(b) Anything that may be required, implied or inferred by the documents that constitute

this Contract, shall be provided by the Contractor for the Contract Price;

(c) Nothing contained in this Contract shall create, nor be interpreted to create, private

or any other relationship whatsoever between the City and any person except the

Contractor;

(d) When a word, term, or phrase is used in this Contract, it shall be interpreted or

construed, first, as defined herein; second, if not defined here, according to its

generally accepted meaning in the profession, and third, if there is no generally

accepted meaning in the profession, according to its common and customary usage;

(e) The Contractor shall have a continuing duty to read, examine, review, compare and

contrast each of the documents which make up this Contract, drafts, plans and

other submittals and shall give written notice to the City of any conflict, ambiguity,

error or omission which the Contractor may find with respect to these documents

before proceeding with the affected work. The express or implied approval by the

City of any drafts, plans, or other submittais shall not relieve the Contractor of the

continuing duties imposed hereby, nor shall any such approvai be evidence of the

Contractor's compliance with this Contract.

(f) However, The City makes no representation, or warranty of any nature whatsoever,

to the Contractor concerning such documents. The Contractor, again hereby

acknowledges and represents that it has received, reviewed and carefully examined

such documents, has found them to be complete, accurate, adequate, consistent,

coordinated and sufficient for construction, and that the Contractor has not, does

not, and will not rely upon any representations or warranties by the City concerning

such documents, as no such representations or warranties have been or are hereby

made;

ARTICLE 5

OWNERSHIP OF DOCUMENTS


The documents constituting this Contract, and each of them, as well as any other

documents furnished by the City, shall remain the property of the City. The City shall

provide the Contractor with a sufficient number of copies of the complete Contract as

the City determines necessary. Upon Payment in full to Contractor for services, all

documents created as a result of this contract (drafts, working papers, and plans) are

the sole intellectual property of the City of Newport. Those documents may not be used

commercially by any other parties without prior written permission of the City of

Newport. The Contractor, and only the Contractor, may use examples of the work, and

electronic versions thereof as demonstration vehicles only.

Note: As reqUired by the City, all work documents/products provided in paper

format will also be prOVided in digital format (as Word and PDF documents) to

promote the reduction of paperwork and allow electronic storage of documents.

The Contractor shail have the right to keep the Contractor's executed sets;

provided, however, that in no event shall the Contractor use, or permit to be used,

any portion or all such Contract on other projects without the City's prior written

authorization. All sets in usable condition, with the exception of the Contractor's

executed set, shall be returned to the City at the completion of the work or

termination of the Contract.

ARTICLE 6

CONTRACTOR'S PERFORMANCE

The Contractor shall perform all of the work required, for this Contract including:

(a) Completing the Project;

(b) The provision and furnishing, and prompt payment therefore, of labor, supervision,

services, materials, supplies, equipment, fixtures, appliances, facilities, tools,

transportation, storage, power, fuel, heat, lights, cooling, or other utilities, required

for completion of the project and all necessary permits and certifications reqUired

for the Project;

(c) The creation and submission to the City of documents or related materials. Said

materials shall be submitted to the City upon final completion of the Project and


receipt of same by the City shall be a condition precedent to final payment to the

Contractor.

ARTICLE 7

TIME FOR CONTRACTOR'S PERFORMANCE

The Contractor shall commence the performance of this Contract as set forth in the

Scope of Services after the Notice to Proceed and shall diligently continue its

performance to and until final completion of the Project (subject to all requisite

approvals).

ARTICLE 8

PAYMENT TO CONTRACTOR

(a) The City shall pay, and the Contractor shall accept, as full and complete payment

for the Contractor's timely performance of its obligation hereunder, the Contract

sum of twenty-five thousand eight-hundred ninety dollars ($25,000). The price set

forth in this Paragraph 8, shall constitute the Contract Price, and shall not be

modified except by written Change Order as provided by this Contract.

(b) The City shall pay the Contract Price to the Contractor in accordance with the

procedures set forth in this Paragraph 8. The Contractor must submit a Payment

Request. Said Payment Request shall be in such format and include the City may

require. Each Payment Request shall be signed by the Contractor and shall

constitute the Contractor's representation of the quantity of work reached at the

level for which payment is requested. And that, the work has been properly

performed In strict compliance with this Contract and that the Contractor knows of

no reason why payment should not be made as requested. Thereafter, the City

shall review the Payment Request and may also review the work to determine

whether the quantity and quality of the work is as represented in the Payment

Request and is as required by this Contract. The City shall approve in writing the

amount, that in the opinion of the City, is properly owed to the Contractor. The

payment of the Contractor's Invoice will be made no later than thirty (30) days after

the receipt of the invoice.

(c) Project Is not subject to retainage.


(d) No liquidated damages are applicable on this project.

(e) Neither payment to the Contractor, utilization of the Project for any purpose by the

Owner, nor any other act or omission by the Owner shall be interpreted or

construed as an acceptance of work by the Contractor not strictly in compliance

with this Contract.

(f) The City shall have the right to refuse to make payment and, if necessary, may

demand the return of a portion, or all of, the amount previously paid to the

Contractor due to:

(1) The quality of a portion, or all, of the Contractor's work not being in

accordance with the requirement of this Contract;

(2) The quantity of the Contractor's work not being as represented in the

Contractor's Payment Request, or otherwise;

(3) The Contractor's rate of progress such that, in the City's opinion, Substantial

or Final Completion, or both, may be inexcusably delayed;

(4) Claims made, or likely to be made, against the City or its property.

(5) Loss caused by the Contractor;

(6) The Contractor's failure or refusal to perform any of its obligations to the City.

In the event that the City makes a written demand upon the Contractor for

amounts previously paid by the City as contemplated in this paragraph, the Contractor

shall promptly comply with such demands.

ARTICLE 9

MUNICIPAL POLICE TRAFFIC CONTROL

Municipal Police Traffic Control Is not applicable to this project.

ARTICLE 10

CEASE AND DESIST ORDER

In the event the Contractor faiis or refuses to perform the work as required

herein, the City may instruct the Contractor to CEASE and DESIST from performing

further work in whole or in part. Upon request of such instruction, the Contractor shall

immediately cease and desist as instructed by the City and shall not proceed further

until the cause of the City's instruction has been corrected, or no longer exists, or the


City instructs that the work resume. In the event the City issues instructions to cease

and desist, and in the further event that the Contractor fails and refuses within seven

(7) calendar days of receipt of same to provide adequate assurance to the City that the

cause of such instructions will eliminate or corrected, then the City shall have the right,

but not the obligation, to carry out the work with its own forces, or with the forces of

another Contractor. 'The rights set forth herein are in addition to, and without prejudice

to, any other rights or remedies that the City may have against the Contractor.

ARTICLE 11

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR

In addition to any and all other duties, obligations and responsibilities of the

Contractor set forth in this Contract, the Contractor shall have and perform the

following duties, obligations and responsibilities to the City:

(a) The Contractors duties set forth in Subparagraph 4(e) ~re herein l:>y.refE:!r.,nce. . . ===.==="""'£..c-e..cJ

incorporated in this Article 10.

(b) All work shall strictly conform to the requirements of this Contract;

(c) The Work shall be strictly supervised, the Contractor bears full responsibility for any

and all aspects or omissions of those engaged in the work on behalf of the

Contractor;

(d) "The Davis-Bacon Act" does not apply for professional services, and therefore is not

applicable for this project. No certified payrolls will be required.

ARTICLE 12

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CITY

(a) If the Contractor fails to correct work, which is not in accordance with the

requirements of the Contract, and persistently faiis to carry out the work in

accordance with the Contract, the City, by a written letter, may order the Contractor

to stop all work, or any portion thereof, until the cause of such order has been

eliminated; however, the right of the City to stop the work shall not give rise to a

duty on the part of the City to exercise this right for the benefit of the Contractor,

or any other person or entity.


(b) Upon completion and acceptance of the work, the City shall certify the finai

payment request that the City, under the conditions of the Contract, has accepted

the work.

ARTICLE 13

"OR EQUIVALENT" CLAUSE

Not applicable to this project

ARTICLE 14

INDEMNITY

Contractor is to maintain insurance as identified under ARTICLE 23 plus

applicable Professionai Liability insurance at $1,000,000. To the extent covered by the

contractor's insurance, the contractor agrees to indemnify and hold harmless the City

from and against liability for costs, iosses and damages to the extent they are caused

by the negligent acts, errors, or omissions of the contractor in the performance of the

contractor's professional services under this contract.

ARTICLE 15

CLAIMS BY THE CONTRACTOR

Ciaims by the Contractor against the City are subject to the following terms and

conditions:

(a) All Contractor claims against the City shall be initiated by a written claim submitted

to the City. Such claims shall be received by the City no later than ten (10) calendar

days after the event, or the first appearance of the circumstances, causing the

claim, and the same shall set forth in detail all known facts and circumstances

supporting the claim;

(b) The Contractor and City shall continue their performance hereunder regardless of

the existence of any claim submitted by the Contractor.

(c) In the event the Contractor seeks to make a claim of an increase in the Contract

Price, as a condition precedent to any liability of the City therefore, the Contractor

shall strictly comply with the requirements of Subparagraph 15(a) above, and such

claim shall be made by the Contractor before proceeding to execute any additional


or change work. Failure of the condition precedent to occur shall constitute a

waiver by the Contractor of any claim for additional compensation.

(d) In connection with any claim by the Contractor against the City for compensation in

excess of the Contract Price, any liability of the City for the Contractor's cost shall

be strictly limited to direct cost incurred by the Contractor and shall in no event

include indirect costs or consequential damages of the Contractor. The City shall

not be liable to the Contractor for claims of third parties including subcontractors,

unless and until liability of the Contractor has been established therefore in a court

of competent jurisdiction.

(e) In the event the Contractor shall be delayed in performing any task which at the

time of the delay is then critical, or which during the delay, becomes critical, as the

sole result of any act or omission by the City or someone acting in the City's behalf,

or by City-authorized Change Orders, unusually bad weather not reasonably

anticipatabie, fire or other Acts of God, the date for achieving Substantial

Completion, or, as applicabie, final completion, shall be appropriateiy adjusted by

the City upon the written claim of the Contractor to the City. A task is critical within

the meaning of this Subparagraph 15(e), if and only if, said task is on the critical

path of the Project schedule so that delay in performing such task will delay the

ultimate completion of the Project. Any claim for an extension of time by the

Contractor shall strictly compiy with the requirements of Subparagraph 15(a)

above. If the Contractor fails to make such claims as required in this Subparagraph

15(e), any claim for an extension of time shall be waived.

ARTICLE 16

SUBCONTRACTORS

Upon execution of this Contract, the Contractor shall identify to the City, in

writing, those parties intended as subcontractors on the Project. The City shall, in

writing, state any objections the City may have to one or more of said subcontractors.

The Contractor shall not enter into a subcontract with any intended subcontractor with

reference to whom the City objects. At any rate, the Contractor shall not award work to

subcontractor(s) in excess of fifty (50%) percent of the Contract Price, without prior


written approval of the City. All subcontracts shall afford the Contractor rights against

the subcontractor corresponding to those rights afforded to the City against the

Contractor herein. Nothing contained in this Contract shall create any contractual

reiation between any subcontractor and the City.

ARTICLE 17

WAGE RATES

(a) As this is a professional services contractor, prevailing wage rates do not apply.

(b) Except as may otherwise be required by law, all claims and disputes pertaining to

the classification of iabor employed on the Project under this Contract, shall be

decided by the City's governing body or other duly designated official.

ARTICLE 18

CHANGE ORDERS

One or more changes to the work within the general scope of this Contract may be

ordered by a Change Order. The Contractor shail proceed with any such changes, and

the same shall be accompiished in accordance with the folloWing terms and conditions:

(a) Change Order shall mean a written order to the Contractor executed by the City

after execution of this Contract, directing a change in the work and may include a

change in the Contract Price or the time for the Contractor's performance, or any

combination thereof;

(b) Any change in the Contract Price resulting for a Change Order shall be determined

as follows:

(1) By mutual agreement between the City and the Contractor as evidenced by (a)

the Change in the Contract Price being set forth in the Change Order, (b) such

change in the Contract Price, together with any conditions or requirements

relating thereto, being initialed by both parties and (c) the Contractor's

execution of the Change Order; or,

(2) If no mutual agreement occurs 'between the City and the Contractor, the

Change in the Contract Price, If any, shail be derived by determining the

reasonable actual costs incurred or savings achieved, resulting from revisions


in the work. Any such costs or savings shall be documented in the format and

with such content and detail as the City may require.

(c) The execution of a Change Order by the Contractor shall constitute conclusive

eVidence of the Contractor's agreement to the ordered changes in the work, this

Contract as thus amended, the Contract Price and the time for performance by the

Contractor. The Contractor, by executing the Change Order, waives and forever

releases any claim against the City for additional time or compensation for matters

relating to or arising out of or resulting from the work included within or affected

by the executed Change Order.

(d) The Contractor shail notify and obtain the consent and approval of the Contractor's

surety with reference to ail Change Orders if such notice, consent or approvals are

required by the City, the Contractor's surety or iaw. The Contractor's execution of

the Change Order shall constitute the Contractor's representation to the City that

the surety has been notified of, and consents to, such Change Orders and the

surety shall be conclusively deemed to have been notified of such Change Order

and to have expressly consented thereto.

ARTICLE 19

DISCOVERNING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK

(a) In the event that the Contractor covers, conceals or obscured its work in violation

of this Contract or in violation of a directive from the City, such work shall be

revealed to City, and shall be redone at no cost in time, or money, to the City.

(b) If any of the work is covered, concealed or obscured in a manner not covered by

Subparagraph lS(a) above, it shall, if directed by the City, be revealed to the City.

If the work conforms strictly to this Contract, the cost incurred by the Contractor to

reveai subsequently, replaces such work shall be borne by the City. Otherwise,

such costs shall be borne by the Contractor.

(c) In addition to its obligations set forth elsewhere herein, the Contractor shall be

specifically obligated to correct any and all nonconforming work until Project

completion and upon final written acceptance by the City.


The City may, but in no event is required to, choose to accept nonconforming work. In

such event, the Contract Price shali be reduced by the greater of (1) the reasonable

cost of removing or correcting the nonconforming work, and (2) the difference between

the fair market value of the Project as initialiy proposed and the fair market value of the

work product in its nonconforming state.

ARTICLE 20

TERMINATION BY THE CONTRACTOR

If the City repeatedly fails to perform it material obligations to the Contractor for

a period of thirty (30) days after receiving written notice from he Contractor of Its intent

to terminate hereunder, the Contractor may terminate performance of his Contract by

written notice to the City. In such event, the Contractor shali be entitled to recover

from the City as though the City has terminated the Contractor's performance under

this Contract for convenience pursuant to Subparagraph 22(a) hereunder.

ARTICLE 21

CITY'S RIGHT TO SUSPEND CONTRACOR'S PERFORMANCE

(a) The City shali have the right at any time to direct the Contractor to suspend its

performance, or any designated part thereof, for any reason whatsoever, or

without reason, for a cumulative period of up to thirty (30) calendar days. If any

such suspension is directed by the City, the Contractor shali immediately comply

with same;

(b) In the event the City directs a suspension of performance under this paragraph 21,

through no fault of the contractor, the City shali pay the Contractor as fuli

compensation for such compensation the Contractor's reasonable cost, actualiy

incurred as paid, of:

(1) demobilization and remobilization, including such costs paid to subcontractors;

(2) preserving and protecting work in place;

(3) storage of material or equipment purchased for the Project, including

insurance thereon;

(4) Performing in a later or during a longer time frame than that contemplated by

this Contract.


ARTICLE 22

TERMINATION BY THE CITY

The City may terminate this Contract in accordance with the following terms and

conditions:

(a) The City may, for any reason whatsoever, terminate performance under this

Contract by the Contractor for convenience. The City shall give written notice of

such termination to the Contractor specifying when termination becomes effective.

The Contractor shall also terminate outstanding orders and subcontracts. The

Contractor shall settie the liabilities and ciaims arising out of termination of

subcontracts and orders. The City may direct the Contractor to assign the

Contractor's right, title and interest under termination orders or subcontracts to

the City or designee. The Contractor shall transfer title and deliver to the City such

completed or partially completed work and materials, equipment, parts, fixtures,

information and Contract rights as the Contractor has performed upon payment to

the Contractor for work completed up to the date of termination. When

termination for convenience, the Contractor shall be compensated as follows:

(1) The Contractor shall submit a termination ciaim to the City specifying the

amount due because of termination for convenience together with cost,

pricing or other data required by the City. If the Contractor fails to file a

termination cialm within one (1) year from the effective date of termination,

the City shall pay the Contractor, an amount derived In accordance with

Subparagraph (3) below:

(2) The City and the Contractor may agree to the compensation, if any, due to

the Contractor hereunder;

(3) Absent agreement to the amount due the Contractor, the City shall pay the

Contractor the following amounts:

a) Contract prices for services accepted under this Contract minus the

amount due for any uncompleted work due under the Contract;

b) Reasonable costs incurred in preparing to perform and in performing

the termination portion of the work, and in termination the Contractor's


performance, plus a fair and reasonable allowance for overhead and

profit thereupon (such profit shall not include anticipated profit or

consequential damages); provided, however, the Contractor would not

have profited or would have sustained a loss if the entire Contract was

completed, no profit shall be allowed or including and the amount of

compensation shall be reduced to reflect the anticipated rate of loss, if

any;

c) Reasonable cost of settling and paying claims arising out of the

termination of subcontracts or orders pursuant to Subparagraph 22(a)

of this Contract. These Costs shall not include amounts paid in

accordance with other provisions hereof.

(4) The Total sum to be paid the Contractor under this Subparagraph 22(a), shall

not exceed the total Contract Price as properly adjusted, reduced by the

amount of payments otherwise made, and shall in no event, include

duplication of payments.

(b) If the Contractor does not perform the work, or any part thereof, in a timely

manner, supply adequate labor, supervisory personnel or proper equipment or

materials, or if it fails to timely discharge its obligations for labor, equipment, and

materiais, or proceeds to disobey applicable law, or otherwise commits a violation

of a material provision of this Contract, then the City, in addition to any rights it

may have against the Contractor or others, may terminate the performance of the

Contractor and assume possession of the Project materials and documents and

may complete the work. The Contractor shall only be paid for work completed up

to the date of termination. In the event the employment of the Contractor Is

terminated by the City for cause pursuant to this Subparagraph 22(b) and is

subsequently determined by a Court of competent jurisdiction that such

termination was without cause, such termination shall thereupon be deemed a

Termination for Convenience under _Subparagraph 22(a) and the provision of

Subparagraph 22(a) shall apply.

ARTICLE 23


INSURANCE

The Contractor shall carry and maintain the following insurance coverage at his own

expense:

(a) All insurance for this Contract shall be written by a company (or companies)

acceptable to the City and all policies or certificates shall be submitted to the City

for examination prior to commencement of operations by the Contractor. In the

event any policy or certificate, the amount of insurance, or company writing it, is

not satisfactory to the City, the Contractor shall secure other policies or certificates

in form and amount with a company satisfactory to the City. The Contractor shall

not permit policies to be changed, cancelled, or to lapse and all policies shall

include a clause to the effect that the policy shall not be subject to cancellation or

a reduction in the limits of liability or amounts of insurance until notice has been

sent by mail to the City stating when, (not less than thirty (30) days thereafter)

such cancellation or reduction shall be effective. All certificates of insurance shall

be delivered to the City and contain true transcripts for the policy or policies

authenticated by the proper officer of the insurer evidencing in particular, those

insured, the extent of the insurance, the location and operation to which the

insurance applies, the expiration date and the above mentioned notice as to the

location and operations involved.

(b) Contractor's Liability Insurance.

Liability insurance shall include all major divisions of coverage and be on a

comprehensive general liability basis inciuding:

Premises - Operations (including X-C-U)

Independent Contractor's Protective

Products and Completed Operations

Blanket Contractual

Owned, Non-owned and Hired Motor Vehicle.

Broad Form Coverage for Property Damage (including explosion, collapse, and

underground)


(c) The insurance required by this Subparagraph (b) shall be written for not less that

the following, or grater if required by Law:

(1) Worker's Compensation:

a. State of Rhode Island - Statutory

b. Employer's Liability

(2) Comprehensive General Liability (Including Premises Operations; Independent

Contractor's Protective; Produet5 and Completed Operations, Broad Form

Property Damage);

a. Bodily Injury:

$1,000,000 - Each Occurrence

$1,000,000 - Annual Aggregate

b. Property Damage



c. Property Damage Liability will provide X, C, or U coverage as applicable.

(3) Contractor's Liability:

a. Bodily Injury:

$1,000,000 " Each Occurrence

b. Property Damage:



(4) Personal Injury, with Employment Exclusion deleted:


(5) Comprehensive Automobile Liability:

a. Body Injury:

$500,000 - Each Occurrence


b. Property Damage:


"ALL RISK" Insurance: NjA


No additional insurance beyond that which is necessary and customary for the

provision of professional services is required.

ARTICLE 24

SURETY BONDS

As this Contract is for professional services, no bonds will be required for the work

product.

ARTICLE 25

PATENTS or COPYRIGHTS

The Contractor shall pay any and all applicable royalties and licensing fees.

ARTICLE 26

ASSIGNMENTS

The Contractor shall not assign the whole or any part of this Contract or any

monies due or to become due hereunder, without the written consent of the City.

In case the Contractor assigns all or any part of any monies due or to become due

under this Contract, the instrument of assignment shall contain a clause

substantially to the effect that is agreed that the right of the assignee in and to

any monies due· or to become due to the Contractor shall be subject to prior

claims of all persons, firms or corporations for services rendered or materials

supplied for the performance of the work called for in this Contract.

ARTICLE 27

APPLICABLE LAW

The Law is hereby agreed to be the laws of the State of Rhode Island and

Providence Plantations.

ARTICLE 28

SUCCESSORS AND ASSIGNEES

Each party binds itself, its successors, assignees, executors, administrators, or

other representatives to the other party hereto and to successors, assigns

executors, administrators or other representatives of such party in connection with

all terms and conditions of this Contract.


CITY

City of Newport

City Hall

43 Broadway

Newport, RI 02B40

By:

CONTRACTOR

Adler Pollock and Sheehan PC

One Citizens Plaza; 8th Floor

Providence, RI 02903

By:

(Signature)

Jeanne Marie Napolitano Mayor

(Date of Execution)


(Signature)

Name

(Date of Execution)

Title


TO: Mayor & CouncilFROM: Ed LavalleeDATE: 11/29/2010RE: Harbor Center - Status Report

MEMORANDUM

At the November 10th meeting of the City Council, a docket item (4770/10) contained arecommendation to contract outside legal services to support the City's application to CRMCfor extension of the Ann Street Pier. Council continued the item pending development of amaster plan for use of the Armory (Harbor Center) site. Council members also called for apublic workshop to provide for input from area property owners.

Development of a master plan for the entire Harbor Center site incorporates several elementsincluding:

• Build out of the ground floor (water side) into a transient boating facility. This project isfunded with a $713,000 grant, and local matching contributions. The project waspreviously approved by Council and put out to public bid. Responses to a design/buildRFP were recently received. Staff is preparing a review of the proposals andrecommendations to be presented to Council for approval. The use of this programelement directly supports the public pier.

• The CRMC application requesting the pier extension is pending. The City has not beenadvised of a review date

• The upper floors of the Armory (ground-level street side, and second floor) arecurrently rented to the Rose Island Lighthouse Foundation on a month"to-monthbasis. City staff is organizing a public information session to discuss potential longterm uses for the upper levels. The staff will solicit participation by area businessesand residents.

• A request was submitted by the Newport County Chamber of Commerce to the R.1.Congressional delegation for a grant to restore the exterior of the Harbor Center. Thatrequest is pending

In consideration of the holiday season, plans to organize a public workshop will be deferreduntil January 2011. Accordingly, it is requested that Council continue this issue to the secondFebruary Council meeting, to all allow time to hold the public session, organize input from thepublic discussion and prepare a comprehensive plan for Council review.