council-01-25-12

CITY OF NEWPORTDOCKET OF THE COUNCIL MEETING

JANUARY 25, 2012

Recognition of Student Designers of the 2011 City Christmas Card, 2012 City ofNewport Resident Parking Sticker and 2012 Easton Beach Parking Sticker

2011 City Holiday CardBy Patrick Kirwin,Grade 5, Thompson Middle School

*2012 Resident Parking Sticker **2012 Easton's Beach Parking Sticker

RESIDENT PARKING STICKER EASTON'S BEACH PARKING STICKER*lst Place: Kayla Fleming, age 10, Coggeshall School *lSt Place: Benjamin Adams, age 9, home schooled

2"d Place: Colin Mccabe, age 10, Underwood School 2"d Place: Cailin Martin, age 9, Coggeshall School3rd Place: Cailin Martin, age 9, Coggeshall School 3rd Place: Katherine Straka, age 9, Coggeshall School

********************************

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 onJanuary 25, 2012, at 6:30 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG

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.

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 suppOlting documents, can be viewed on the City ofNewportwebsite: www.cityofnewpOlt.com- "Current NewpOlt 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 at the Newport Public Libr31y 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 COUNCILJanuary 25, 2012

1. 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 January 11,2012, Council Meeting (Approve)

b. Special Event Licenses:

1) Eident Sports Marketing, d/b/a Newport RI St. Patrick's 4 Miler;Saturday, March 17,2012, from 9:45 a.m. to 12:00 Noon, beginningat Rogers High School and ending at Murphy Field (route attachedto application).

2) Eident Sports Marketing, d/b/a Arnica Marathon and HalfMarathon; October 14,2012, from 6:00 a.m. to 4:00 p.m.;beginning and ending at Easton's Beach (route attached toapplication).

3) Stage Door Dance, Inc., d/b/a Dance Recital; Rogers High School,June 27 and 28, 2012. From 4:00 p.m. to 8:00 p.m.; June 30, 2012,from 4:00 p.m. to 11 :00 p.m.

c. Mechanical Amusement Devices, Renewal, El Dee Vending Corp. atWyndham Long WharfResort , Long Wharf.

d. Pool Table License, The Protective ClUb, d/b/a Specks, 596 Thames St.

e. Reappointment of Scott Wheeler as Newport Tree Warden (Approve)

f. Communication from Diane S. Hurley, CEO, Newport Grand, LLC, re:Request ofNewport Grand for a Referendum (Receive)

g. Resignation of Linda S. Manningfrom the Hospitality Commission(Receive with regret)

h. Recommended 2013-2017 Capital Improvement Program (Receive andorder advertised for hearing on Feb. 8,2012)

1. CRMC Public Notice, File No. 2011-12-051, Application of HarbourRealty, LLC, Waite's Wharf, for an Assent to construct and maintainexterior deck addition to existing docket. (Receive and refer to PlanningBoard and Waterfront Commission for comment.)


J. CRMC Public Notice soliciting comments on a petition to reclassify aportion ofthe Matunuck shoreline to "Manmade Shorelines. (Receive)

k. Annual Reports: (Receive)1) Cliff Walk Commission2) Newport Tree & Open Space Commission

LICENSES & PERMITS

2. Application ofNDC Enterprises, d/b/a Norey's, 156 Broadway, for an AnnualClass A (indoor) Entertainment License. (First Hearing)

3. Application of@TheDeck, LLC, d/b/a @ The Deck, 1 Waite's Wharf, toexpand its Class A & B Entertainment License by increasing the maximumdecibel level, from 65 to 75. (First Hearing)-- Letters of Objection (to Items 3, 4 and 5)a) John Nicolace, 16 Coddington Wharfb) Chandler Hovey, 11 Kirwin's Lanec) Mike and Marion Maroney, 13 Coddington Wharfd) Caryn Johnston Leahy, David Leahy, 26 Coddington Wharf, #IN, #lS

4. Application ofDockside North, d/b/a Riptides, 25 Waite's Wharf, Unit B, toexpand its Class A & B Entertainment License by increasing the maximumdecibel level, from 65 to 75. (First Hearing)

5. Application of Waite's Wharf Grille, LLC, d/b/a The Boat Dockside, 25 Waite'sWharf, Unit A, for a Class B (outdoor) Entertainment License to allowentertainment on the 30' x 90' Pier off the west side of the building. (FirstHearing)

6. Victualing License, New, Jamie Aguiar and Kaisa Kempenaar, d/b/a Shape-upNewport, 6 Broadway.

7. Application for a Victualing License, Thames Street Licenses, LLC, d/b/a to bedetermined, 341-343-345 Thames St, first and second floors (in conjunction withtransfer ofthe Tropical Restaurant, Inc., liquor license)

8. APPOINTMENTS TO BOARDS AND COMMISSION

Planning Board - Appointment of Catherine Petrie to fill an unexpired term.

DOCKET OF THE COUNCILJanuary 25, 2012PageS

BOARD OF LICENSE COMMISSIONERS

LICENSES & PERMITS

1. Application ofForty 10 North, LLC, d/b/a 41 0 North, holder of a Class BTalcoholic beverage license, through its sole members, Peter M. Borden andGeorge W. Moore, to transfer 100% of the membership interest in Forty 10

North, LLC to 802 Partners, LLC, whose members are Dorrance H. Hamilton(97%) and PGEM, LLC (3%), whose sole members are Peter M. Borden andGeorge W. Moore. (Hearing; continued from December 14,2011)

• Communication from Neil P. Galvin, Esq., re: Bill ofIndebtedness of BehanBros., Inc., in the amount of$I,619,502.39.

• Communication from Neil P. Galvin, Esq., withdrawing the objection ofBehan Bros., Inc., to the transfer of the liquor license.

2. Application of Forty 10 North, LLC, d/b/a 41 0 North, holder of a Class BHalcoholic beverage license, through its sole members, Peter M. Borden andGeorge W. Moore, to transfer 100% ofthe membership interest in Forty 10

North, LLC to 802 Partners, LLC, whose members are Dorrance H. Hamilton(97%) and PGEM, LLC (3%), whose sole members are Peter M. Borden andGeorge W. Moore. (Hearing; continued from December 14, 2011)

• Communication from Neil P. Galvin, Esq., re: Bill ofIndebtedness of BehanBros., Inc., in the amount of$I,619,502.39.

• Communication from Neil P. Galvin, Esq., withdrawing the objection ofBehan Bros., Inc., to the transfer of the liquor license.

3. Application Tropical Restaurant, Inc., d/b/a Salas', 341-343-345 Thames St.,first and second floors, to transfer it's Class BV alcoholic beverage license toThames Street Licenses, LLC, d/b/a to be determined, for the same premises.(Hearing)• Claims

Don Jestings & Sons: $1,881.51Johnston Brothers 1,501.38

COMMUNiCATIONS FROM THE CITY MANAGER

4. Communication #4947/12, re: Show Cause Hearing - Slippery Slopes Spirits,LLC, d/b/a Spring Street Spirits; Violation of Conditions of Class A AlcoholicBeverage License - Operating Without a Current License.


5. Communication #4948/12, re: Show Cause Hearing - Billy Goode Company,Inc., d/b/a Bill Goode's; Violation of Conditions of Class BV AlcoholicBeverage License and Operating without a Current License

6. Communication #4949/12, re: Show Cause Hearing - NWPT, Inc., d/b/a OneEighty; Violation of Conditions of Class BV Alcoholic Beverage License andOperating Without a Current License

7. Communication #4950/12, re: Show Cause Hearing - Carter, LLC, d/b/aSpeakeasy Bar and Grill; Violation of Conditions of Class BV AlcoholicBeverage License and Operating Without a Current License

8. Communication #4951/12, re: Show Cause Hearing -- Vader, LLC, d/b/a H2O;Violation of Conditions of Class BV Alcoholic Beverage License and OperatingWithout a Current License

ADJOURN

Kathleen M. SilviaCity Clerk

January 18,2012

CITY OF NEWPORTMINUTES OF THE COUNCIL MEETING

HELD JANUARY 11, 2012

The following items of business, filed with the City Clerk under the Rules ofthe Council, camebefore the Council at its regular meeting held on January 11,2012.

The MAYOR called the meeting to order at 6:30 P.M.

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

CHARLES Y. DUNCANKATHRYN E. LEONARDJUSTIN S. MC LAUGHLINJEANNE-MARIE NAPOLITANO

NAOMI NEVILLESTEPHEN C. WALUK, MAYORHENRY F. WINTHROP

1. 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 ofthe December 14,2011, Council Meeting (Approve)b. Special Event Licenses:

1) Middletown Education Collaborative, d/b/a Winter Blues Bash; Salve ReginaUniversity Ochre Court, January 14,2012, from 6:00 p.m. to 11 :00 p.m.

2) Becky Ann Hanos, d/b/a Event Planners with a Touch of Class - JewelryShow; Elks Lodge, 141 Pelham Street, January 21, 2012, from 10:00 a.m. to4:00p.m.

3) Museum ofNewport Irish History, d/b/a "Irish Eyes" Benefit Gala; SalveRegina University, Ochre Court, February 28, 2012, from 6:30 p.m. to 10:00p.m.

c. Mechanical Amusement Device License, Renewals:1) Atlas Vending, Inc., pool table at Newport Mall Laundry, 199 Connell Hwy.2) Friendly Sons ofNewport, Inc, Social Club, 3-5 Farewell St., pool table3) Newport Music Co., jukebox at The Protective Club, 594 Thames St.

d. Tattooing Parlor License, Renewal, Anchor Steam, Inc., d/b/a Anchor Steam TattooGallery, 44 Broadway

e. Victualing License, Renewal, The Sailor's Sweet Tooth, Inc., d/b/a Kilwin'sChocolates & Ice Cream, 262 Thames St.

f. Communication from Dennis P. Sullivan, Chair, St. Patrick's Day Parade, asking thatonly the Parade Committee to be issued permits to vend during the parade. (Approve)

g. Communication from Finance Director Laura Sitrin, re: June 30, 2011,Comprehensive Annual Financial Report (CAFR). (Receive)

h. Annual Reports: (Receive)1) Accessibility Advisory Committee2) Affirmative Action Commission3) Energy & Environment Commission4) Newport Film Commission5) Newport Substance Abuse Prevention Task Force

MINUTES OF THE COUNCIL MEETINGHELD JANUARY I 1,2012Page 2

6) Zoning Board of ReviewI. CRMC Meeting Notice on the City ofNewport Application (File No. (2010-05-070)

for an Assent for a Public "Touch and Go" Boating Facility - Jan. 24,2012, at 6:00p.m. in the Council Chambers of the Jamestown Town Hall, 93 Narragansett Ave.,Jamestown. (Receive)

j. CRMC "Cease and Desist Order" for alterations to a CRMC designated buffer zone at10 Jeffrey Road. (Receive)

k. CRMC Public Notice, File No. 2011-12-002, Application of Driftwood CondominiumAssociation for an Assent to construct a boating facilityconsisting of a timber pier, ramp and floating dock. (receive and refer to PlanningBoard and Waterfront Commission for comment)

I. CRMC Notice of Intent to change management plans, policies, procedures andregulations regarding planning and management of coastal resources. (Receive)

m. Claims: (Receive and refer to City Solicitor)1) Sharon Felker2) Cassandra L. Fenn3) Randolph W. Wicks

COUNCILOR MC LAUGHLIN moved the Consent Calendar be adopted. Seconded byCOUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

LICENSES & PERMITS

2. Application ofN.A.J. Associates, LLC, d/b/a The Pier Restaurant, for a Victualing License atI West Howard Wharf and outdoor patios on the north and west sides of the building, inconjunction with the transfer of the liquor license of The Pier ofNewport, LLC. (Continuedfrom Dec. 14,2011)

MAYOR WALUK moved approval of withdrawal of the application. Seconded by COUNCILORWINTHROP and VOTED UNANIMOUSLY.

3. Application ofN.A.J. Properties, LLC, d/b/a The Pier Restaurant, for a Victualing License at IWest Howard Wharf and outdoor patios on the north and west sides of the building, inconjunction with the transfer ofthe liquor license of The Pier ofNewport, LLC.

MAYOR WALUK moved the application be continued to March 28, 2012. Seconded byCOUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

4. Application of Farahnaz Shobeiri, d/b/a Genie's Hookah Lounge, 94 William St., to expandher Victualing License to a 19' by 21' outside patio on the north side of the building.

MAYOR WALUK moved the expansion be approved. Seconded by COUNCILOR WINTHROP andVOTED UNANIMOUSLY.

MINUTES OF THE COUNCIL MEETINGHELD JANUARY 11, 2012Page 3

COMMUNICATIONS AND PETITIONS

5. Request of Annette Bourbonniere, Chair, Accessibility Advisory Committee, to address theCouncil on the Committee's Annual Report.

ANNETTE BOURBONNIERE addressed the Council on the Committee's Annual Report (item I-h1). She said the Committee is willing to assist the City in complying with the directives of theDepartment of Justice; and, noting that Newport is a tourist community and large upcoming summerevents, she said accessibility needs to be improved rather than ignored.

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

6. APPOINTMENTS TO BOARDS AND COMMISSION

MAYOR WALUK moved Melissa A. Pattavina, Richard B. Rudd, Patrick M. Sweeney be appointedto the PLANNING BOARD. Seconded by COUNCILOR WINTHROP and VOTEDUNANIMOUSLY.

MAYOR WALUK moved Corey Bobba be reappointed to the PLANNING BOARD. Seconded byCOUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

MAYOR WALUK moved Mark Whitcher be appointed to the TRUST AND INVESTMENTCOMMISSION. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

RESOLUTIONS

7. Congratulating the Rogers High School Football Team on their 2011 Super Bowl Victory - S.Waluk

MAYOR WALUK read the resolution at the opening of the meeting and moved for its adoption.Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

A certified copy of the resolution was presented to Coach Frank Newsome by the Mayor.

8. Designating the address of St. Augustin's Church as "One Fifth Ward Square" - S. Waluk, H.Winthrop, K. Leonard

MAYOR WALUK moved the resolution be adopted. Seconded by COUNCILOR WINTHROP andVOTED UNANIMOUSLY.

9. Requesting the establishment of a "Model Employee Development Plan" - C. Duncan

COUNCILOR DUNCAN read the resolution and moved for its adoption. Seconded byCOUNCILOR MC LAUGHLIN.

MINUTES OF THE COUNCIL MEETINGHELD JANUARY 11,2012Page 4

FRANK LANDRY, President, Local 911, Council 94, AFSCME, thanked the Council, and said healso looked forward to working with the new city manager.

COUNCILOR LEONARD said she would like included in the report the fiscal impact of the program.

The motion to adopt the resolution was VOTED UNANIMOUSLY.

ORDINANCES

10. Amending Chapter 10.20 of the Codified Ordinances, entitled, "Parking Generally," Section10.20.210, "Meter Charges," to increase the parking meter rate to $1.25/hour, and a reservedmeter space to $30/day.

MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILORMC LAUGHLIN and VOTED UNANIMOUSLY.

COMMUNICATIONS FROM THE CITY MANAGER

11. Communication #4917/11, re: Utility Line Installation - Pell School (continued from 11/9/11),

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR NEVILLE.

COUNCILOR LEONARD asked if the concerns cited in the memorandum from former city managerEdward Lavallee had been addressed; CITY SOLICITOR JOSEPH J. NICHOLSON, JR., said theyhad and the Public Services Director was satisfied.

The motion to approve was VOTED UNANIMOUSLY.

12. Communication #4929/11, re: Request for 24-hour Residential (Sticker) Parking on SchoolStreet, between Church and Mary Streets (with accompanying ordinance - continued from12/14/11)• Memorandum from Eric J. Earls, City Engineer, re: Interdepartmental Traffic Committee

Review

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

COUNCILOR WINTROP said he would not support the ordinance as he was opposed to 24-hoursticker parking; he said approval of this 24-hour regulation on School Street would only lead torequests for more and more streets to be included. COUNCILOR NEVILLE cited the memorandumfrom the Interdepartmental Traffic Committee recommending approval but also expressing concerns.She said she would like to have the Planning Board review the entire Residential Parking Ordinance.MAYOR WALUK said he agreed with Councilor Neville, but understood Councilor Winthrop'sconcerns. He said he would support the ordinance but would like a formal request made to thePlanning Department and Planning Board to review sticker parking in general in the city.COUNCILOR LEONARD commented that there are not enough parking spaces in Newport and said

MINUTES OF THE COUNCIL MEETINGHELD JANUARY II, 2012PageS

a total analysis of the sticker parking program has never been done. She said a determination needs tobe made on how many parking spaces the city can accommodate, and noted some communities inother areas implement sticker parking by zone. COUNCILOR DUNCAN said he had been opposedto granting this request but since the ITC now recommends approval he will support it. He said heagreed with Councilor Neville's recommendation to have the ordinance reviewed by the PlanningBoard and Department. COUNCILOR NAPOLITANO said she would also support the ordinancebecause the neighbors have been before the Council several times and do meet the criteria. Sheapplauded Councilor Neville's suggestion to have sticker parking reviewed by the PlanningDepartment, and added that she believed sticker parking allows for more on-street parking forresidents. COUNCILOR MC LAUGHLIN noted that the ITC made several points, such as higherpenalties for violations and more directional signage to parking lots. He said he would like therequest for review of sticker parking to go to the Planning Board and Department now since theregulation doesn't go into effect until May. He added that he would vote for the ordinance tonight,but not on second reading.

VOTE ON THE MOTION TO ADOPT THE ORDINANCE ON FIRST READING:

In favor - MAYOR WALUK; COUNCILORS DUNCAN, LEONARD, MC LAUGHLIN,NAPOLITANO and NEVILLE.

Opposed - COUNCILOR WINTHROP

13. Communication #4938/12, re: Newport Substance Abuse Prevention Task Force - Contractfor Services ofNSAPTF Coordinator for the period of January I to June 30, 2012

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

14. Communication #4939/12, re: Reorganization of Supervision of Water Treatment PlantsAssistant Water Treatment Superintendent

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR WINTHROP.

COUNCILOR LEONARD said it was her understanding that two foreman positions would beeliminated with the creation ofthis position, and that the change is being made because of RIDEMrequirements. CITY SOLICITOR NICHOLSON concurred and said the change was basicallyexpense-neutral.


15. Communication #4940/12, re: Proposal Award for Design Consultant Support for RIDepartment of Health for Design-Build ofNewport Water Treatment Plants

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR NAPOLITANO.

MINUTES OF THE COUNCIL MEETINGHELD JANUARY 11,2012Page 6

COUNCILOR LEONARD said she had no problem with awarding the contract because the plannedwork is required by RIDEM, US-EPA, and others, but noted that it will cost the Newport rate payersaround $85 million, while the Federal Government is spending money for infrastructureimprovements all over the world. COUNCILOR MC LAUGHLIN noted that Newport's SenatorSheldon Whitehouse had recently addressed Congress concerning the need for Federal support toassist communities in making needed water infrastructure improvements.


16. Communication #4941/12, re: Bid Award for Building Permit Inspections

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

6:59 p.m. ADJOURNED AS COUNCIL AND CONVENED AS BOARD OF LICENSECOMMISSIONERS


LICENSES & PERMITS

I. WITHDRAWN: Application of The Pier ofNewport, LLC, d/b/a The Pier, I West HowardWharf, and outdoor patios on the north and west sides of the building, to transfer its Class BValcoholic beverage license to N.AJ. Associates, LLC (Vincent Sandonato, sole stockholder)for the same premises. (Continued from Dec. 14,2011)

CHAIRMAN WALUK moved withdrawal ofthe application be approved. Seconded byCOMMISSIONER WINTHROP and VOTED UNANIMOUSLY.

2. Application of The Pier ofNewport, LLC, d/b/a The Pier, I West Howard Wharf, andoutdoor patios on the north and west sides of the building, to transfer its Class BV alcoholicbeverage license to N.A.J. Properties, LLC (Vincent Sandonato, sole stockholder) for thesame premises. (Hearing)

CHAIRMAN WALUK moved the hearing be continued to March 28,2012. Seconded byCOMMISSIONER WINTHROP and VOTED UNANIMOUSLY.

7:00P.M. ADJOURNED


/-t~5-Id---City ofNewport, Rhode Island ;

APPLICATION FOR A SPECIAL EVENT LICEN$E

DATE: /...L1_1_1_1_1_"'2 _

Rogers HS

EVENT TITLE/TYPE:

INewport RI St. Patrick's 4 Miler

==============================LOCATION OF EVENT: I,================================

Saturday March 17. 2012Date(s) ofEvent:

Hours of Event: I 9:45AM-12 PM-------

Holder ofEvent & DBA: Eident Sports Marketing

Signature OfHo~ld=e=r~o~f~E~v=en=t~:===I-~===f:.====;=_---_;::========~Printed Name: Brewer Rowe Title: Executive VP

Address of Holder ofEvent: I 10 Dorrance St, Suite 650

I 401-43H1881 I. I 401 297 "734Business Telephone: Residence Telephone: __~:..:...:-::.:c.:.....:""~-,-__

Is Organization Non-Profit? I NO Is Organization Religious? NO

Is there a charge for admission? I YES I ICITY

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

Name ofProperty Owner ofEvent Site: 11- _

Signature ofProperty Owner: I'-- ~

Printed Name ofProperty owner:1

'-;:::==;========:.:=::::;:=======Will Event be Indoors or Outdoors?

(Include Plan)

k_cO~<-...J\-

g,. ("'-2... w'R."_..t Y7. {3VV~EVENT HOLDER.,..".,::-::-",--,.--",::-==-c-:-===-=:-:-::=::c=

APPLICATION FOR A SPECIAL EVENT LICENSE(page 2)

Ifso, location of toilet facilities:(Include on plan)

IfOutdoors, will toilet facilities be pro~v:.:id=e=d~?--=::::;;;Y;:E;S:;::;:;;:~=;-;;===-=:-- --,Rogers HS, Carroll/ Harrison Ave,

Wefllngton Ave (near Hibernian Hall)

Will a tent be erected?(Include on plan)

NO COPY OF TENT PERMIT MUST BE ATTACHED.

Expected Attendance: Seating Capacity: 1 ---'

Is parking available: For how many vehicles?

CONCERT I 11)7('1- I Is staging or platform required?

List types ofmusical instruments:

Amplification?

1 ----

DANCE I /'J I A- DEEJAY Amplification: I --J

ROAD RACE· 4 milesType: ISPORTING EVENT I YES

Set-up Dates (Sporting events only): 1__3.:..;/..;.17.:..;/.=2.:...01.:..;2:....•...:8:.;.A.:..;M::.- _

PLAY I rJ! It I Ifyes, what type:

Will there be animals? ICARNIVAL I ;J /It I cmcus---==------=====----Ifyes, types of animals: ISHOW OR EXHlBITION:-:-:-;=,-J::;:7:;:;k:::::;--=-Ty-p-e:~I;:===============

OTHER (describe) I-------;:::=================

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

Is a street closing being requested?

Will food be prepared on the premises? NO

If so, is Health Dept. Inspection Approval attached?

Will LIQUOR be served?

't" }.'~ \- ",.(' .~' \6 JV\P-/ Ie ~ h .vi';,

EVENT HOLDER,-=-=::-:'C5.::.,'=-'-,'e:..cVV'='=:'v=:'::-c-::-:::Y7-:::-:::<:::-"'=:J,;:e_:::-:-==APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)

NO

If yes, will you be applying for a Class F 01' F-l Liquor License?

Ifnot, will another's license be used?

If so, whose? 1.... _

Will there be gambling, e.g., bingo, raffle, etc.? I N \J I Do you have State Police Approval? 1.... _

List Names ofVendors 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 1'10

Do you 01' the pyroteclmic have Newport Fire M=ar=s=h=a=.l=ap~p=r.:.ov~a=l.:.? _ _======~ _Location from where fireworks will be shot:

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

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

detail officers at sponsor's expense.

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

SPECIFIC ROUTE: See attached

-I::TC'Dnoc....,(J)

C'D

--i::Tronoc...,V)

ro

City ofNewport, Rhode Island ,APPLICATION FOR A SPECIAL EVENT LICENS~

Easton's Beach

EVENT TITLE/TYPE:

DATE: ----'-1.L..I-il....::..'2-_c1:-.LI_t1 _

I Amica Marathon and Half Marathon

=========================~LOCATION OF EVENT: I1=====s=un=d=a=v=o=c=to=b=e=r=1=4='2=0=1=2=============~

Date(s) ofEvent:

Hours ofEvent: I 6am ·4pm-------

Holder ofEvent & DBA: 1:..- E_i_d_e_nt_S_p_o_rts_M_a_r_ke_t_ln_R --J

Executive VPTitle: IBrewer RowePrinted Name: '----r==================-------============:

Signature ofHolder ofEvent:

r-----===I/!.===t=.===:;-~======~

Address ofHolder ofEvent: 10 Dorrance St, Suite 650, Providence, RI 02903

Business Telephone: 1...._--..,;4..;;.0..;;.1-4....;.;;.37;..-8..;;...;;.88;..1:..-__ Residence Telephone: 1__---"4.:,.01;..-;:.29;;.;7;..-6;:.;7;.;3;.;4:..-_-'

Is Organization Non-Profit? NO Is Organization Religious? NO

Is there a charge for admission? ISN14- ,I-v _0 ..,

I CITYIs event to be on City, State, or Private Property?

Name ofProperty Owner ofEvent Site: \------------------------,

Signature ofProperty Owner: I------------------------'

Printed Name ofProperty owner:1

---;::============================;Will Event be Indoors or Outdoors?(IucIude Plan) OUTDOORS

'E I i- 1.0 '" 1,-,,-EVENT HOLDER ~ \ VI t "-'I/'\ - ~-

APPLICATION FOR A SPECIAL EVENT LICENSE(page 2)

1000+For how many vehicles?

COPY OF TENT PERMIT MUST BE ATTACHED.

Seating Capacity: I__-;====~4500 I=====YES I----'

Ifso, location of toilet facilities:(Include on plan)

If Outdoors, will toilet facilities be pro~v:id:::e=d?~==Y:E=S===-- _

I Easton's Beach and alona fun COUfse------__I

Expected Attendance:


Is parking available:

CONCERT 1 _ Is staging or platform required? ____I Amplification?

List types ofmusical instruments:

1 ----

DANCE DEEJAY I YES Amplification: 1_--,'1_,,-,,-7 _

ROAD RACE (Mafathon I Half MafathonlType: ISPORTING EVENT I YES

Set-up Dates (Sporting events only): 1L..__F_f_id_a_v_a_n_d_s_a_tu_f_da_v_,_o_c_to_b_e_f_1_2_-_1_3,;..2_0_1_2 _

PLAY 1 _ Ifyes, what type:

CARNIVAL CIRCUS Will there be animals? IIfyes, types of animals:

Type: 1SHOW OR EXHIBITION:

~==='---~================OTHER (describe) I'---------;==============

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

Is a street closing being requested? YES

Will food be prepared on the premises? NO

If so, is Health Dept Inspection Approval attached?


£ r ",L.,,-, r 5 '--"EVENT HOLDER t "~/ r ..-'

APPLICATION FOR A SPECIAL EVENT LICENSE(Page 3)

YES

Ifyes, will you be applying for a Class F 01' F-1 Liquor License?


If so, whose? I TBD Caterer

NO

YES

Will there be gambling, e.g., bingo, raffle, etc.?

List Names ofVendors

NO Do you have State Police Approval? IL...__...J

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 01' the pyrotechnic have Newport Fire M::.:aJ::.s:::h::.a::.1a=p:.:p:::ro::.v::.:a:::l?~~======- -,

Location from where fireworks will be shot:

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

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


ROAD RACE. WALK·A-THON,ETC. On Roadway(s) ~ OnSidewalk(s) CJHas notification been made to residents along the route? YESHave temporary signs been posted? YES (Signs must be removed by the following day.)

SPECIFIC ROUTE: SEE ATTACHED

i' ".!i-' !r

City ofNewport, Rhode Island i ' ,],1 N 11 2012APPLICATION FOR A SPECIAL EVENT ~ICE~SE '.

DATE: --..:./-i/'--/:....oc3L.J....//:...-2 _c

EVENT TITLE/TYPE::5-/ c, ge bOCd' Dan C{'. I r; C

!) fJ.. if ( If? Ke Ct' -IUl//

LOCATION OF EVENT: 1<: C' Cjt r'J 1-1/ fJ h S(I h 0 0 / /1 ?id{IvrlU /Y/

Date(s) of Event: t.e12]//Z.) &/2S/I 'Lf t..~/30/12

Hours of Event:

Holder ofEvent & DBA: I /) fa q,e j) (J(J)/ DC<:A7(' e. I /17 (v

SignatnreofHolderofEvent:/ __h.l:L/ tJ-,,/;, f. LZi?-6~v-<J

Printed Name: I IVt< t'.,1 tJ L, /J ((//1 n as I Title: I Pre,57Cu,I'.-l-

Address ofHolder of Event: 300 / 6asf f}1e:u17 Jeo( l1J riJi17JJU;/!..? (2f

Business Telephone: I 'i 0/- (j; 8J<i '2 9' / I Residence Telephone: I LjOj- <p YI 02 63

Is Organization Non-Profit? I AI0 I Is Organization Religious? IVC!

Is there a charge for admission? I )/t' S I IYf SIs event to be on City, State, or Private Property? '--'---.rP-'--'-.L--------------~

Name of Property Owner of Event Site: Pat-I.. I F C( C ccn (pn(:£irh...! A1.;r;,'iu~,

Signatnre of Property Owner: I==i: /J_ I. "''E-~~

Printed Name of Propertyowner:I'----~~--~---------------,I·

. ~ CU,A. \ rC/L ~) C'1'o .

Will Event be Indoors or Outdoors? I / I' d L, ) I(Include Plan) [no tJor3 l /Ie OlU~/7Un'/.I-.J\iL

EVENT HOLDER S-fO,JJI{ J){!()V /)tl.ii{'.(, / f7 ('APPLICATION FOR A:/SPECIAL EVENT LICENSE

(Page 2)

If Outdoors, will toilet facilities be provided? 1_- _If so, location of toilet facilities:(Include on plan)

~-

___.....JI Amplification? 1_- 1

Seating Capacity: I \ I (~r)..- I-"=-"'X")=-::O-

For how many vehicles? --:::J_L/ _

COPY OF TENT PERlVUT MUST BE ATTACHED.I \&f)II


Is parking available:

Expected Attendance: -

I

C;C'O I

"leslCONCERT eM I Is staging or platform required?

List types of musical instruments:

Amplification: 1_-<- _DEEJAYDANCE LifI.esl

SPORTING EVENT I NO 1 Type: 1 _

Set-up Dates (Sporting events only):

Will there be animals? I__-J

1 _

1-Ifyes, what type:PLAY [!\to I

CARNIVAL 1 1<)-0 1 CIRCUS

If yes, types of animals: 1------------..,..;;~.....,__"t7?o_t=""'''''''''''''7>_:_----

SHOW OR EXHIBITION: I)E~I Type: I· DClIQCl '<; R8grcef~·AOTHER (describe) Jr.---.::.-..----..:.._-----------------------

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

Is a street closing being requested?

Will food be prepared on the premises? NOlfso, is"Health Dept. Inspection Approval attached?

EVENT HOLDER ,5--{ClCt<. DQrv DrxXif'l, //1 c.APPLICATION FOR A BPE IAL EVENT LICENSE

(Page 3)

If*)

I ~

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


Ifso, whose? IL -,-_...:..........J


Will there be gambling, e.g., bingo, raffle, etc.?·1

List Names of Vendors

~ I Do you have State Police Approval? lItem to be Furnished

7

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

FIREWORKS NODo you or the pyrotechnic have Newport Fire Marshal approval? --- . I

Location from where fireworks will be shot:

Time fireworks will begin: I_--'-='--_..__....J Duration: ----- ..

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


ROAD RACE, WALK-A-THON, ETc.~\J>nRoadway(s)c=a On Sidewalk(s) f_·-_·---JHas notification been made to residents along the route? _Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

;-cf) -IJ-..CITY OF NEWPORT, RHODE ISLAND

Application for Arcade/Juke Box or Mechanical Amusement Device License

DATE: /-1;--/::2.TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:

Applicant: C! :Dee ;/e,l1d~} & c;O ,.. ill (individu," firm or corporation)

Business Address: /21 () £lIP Id/(faJ .41/--eJ, /' J/ YTAddress (conL): fLV/JruJjL-/y =-A- d=

Telephone: 40J-73.t2--0dILj

Date of Birth: 1-O? -l.f8 Age: r; tf Place of Birth: -In,?-£--6''tf:....JY''--L'~~~~~

2012

If partnership or corporation, give names and addresses of all officers and stockholders:Name Address: V

flnd;{( ·?e{>zt{; 176J!M6t1~/~~ uh;ew~SFJ{r15 ,IdA\! ,l,lfmj24flY' /lK'to t q"J l"

comPletkt ofall prior arrests and all convictions (whethe felonies or misdeameanors) of the applicantand all persons having any interest in the business of the applicant (attach separate sheet, if necessary)

TOTAL NUMBER OF MACHINES: J..j,

TOTAL NUMBER OF LOCATIONS: __/<--__ (filing fee required for each location)

Filing Fee(s) $25 each: _~__~

Ihereby certify that the above infonnation given by

Me is true and correct to the best. ofmy knowledge . <b, J.Signature of Applicant: ~~+ -:-::::?

Print Name of Applicant: OttuK :Ede!.. //CA

3-7'\Total License Fee(s) $ ••.L? LJ Date Paid -'--__

License issued by City Clerk: Date Issued: Initials: _

Y:\MechanicaIAmusements\2009 Renewal\AppMechanicaICover.doc Created on 114/2001 2:57 PM

pageLofJ-

CITY OF NEWPORT, RHODE ISLAND

Application for Arcade/Juke Box or Mechanical Amusement Device License (continued)(individual machine identification)

DATE: /~!I ~/~

Applicant: El Dee Vending, Inc.-::-:7"":"7-'-CO-(individual, finn or corporation)

Name of Business where machine(s) is(are) located:

WYlld6rtm /,015/ tUn S ''i -pS0r t

Description of Machines: Use additional sheet(s), if necessary.

For Mechanical Features, use Pinball, Video, etc.

Type of MachineIName

Riu sb r?//J J1 Y

Vrc!-r(}

Y:\MechanicaIAmusements\2009 Renewal\AppMechanicaIAmuse.doc Created on 114/2001 2:36 PM

Serial Number

Me, -Z

/() { '710 ')(1

:'·l

II. II! .... ::; 2l~1?CITY OF NEWPORT, RHODE ISLAND " . .'....

Application for Billiard, Bagatelle, and Pool Tab~es ~ BJT'DATE: il-"~·(/....

TO THE HONORABLE COUNCIL:

Circle One Type: Billiard Bagatelle_ PoolX

Name of Applicant: ~ fj.tJ/-a:l-r;; e C1?t6 Phone: __f5;_~..:.....L2_-_q..:...·---'er:---'g'-=--.:4'---_

Address ofApplicant: SCl6 '-r!iPl4-n<:';.!, £'hAge Date ofBirth _ Place ofBirth: _

Prior arrests and convictions--------------------------

Owner of Business where machine(s) is(are) located: .~ l}"ieG-'-h& (4: J:" . 1

D/B/A ofBusiness: -...,~rlfK-e'''-'''...Jg''''-...J'-·----,._------------------

Location: ;r5?1to '~'<£~;:; iV"-Y<~ ?Type ofBusiness: Cl<U1c bL.rp..(.C{Q L/&re..e Phonefor Business: _

Description of Machines: Use additional sheet(s), if necessary.

T e ofMachinelName Mechanical Features Serial Number

Pel' 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$50J

FiIingFee:dl DatePaid: I-G"-/~

Fee for First Table: $ 5""0 Number of Tables:_I_Plus Lie, Fee (additional tablesf$ .#//1Plus Sunday Fee (each table): _$ 5-Q ! JPlus Advertising Fee (if new): _$ /.p' 0 TOTAL FEE: $:t-- gS Date License Fee(s) Paid:!.c. C;;; - r",

ACTION OF COUNCIL: ::---:- ACTION DATE: _Issued By: . Date Issued: _

App03PooITnhleLicense

7flt

RHODE ISLANDDEPARTMENT OF ENVIRONMENTAL MANAGEMENT•CJ

DATE:

TO:

DIVISION OF FOREST ENVIRONMENT2185 Putnam Pike, Chepachet, RI 02814

January 12,2012

City and Town Clerks

Office 401.568.2013Fax 401.568.2045

2012FROM: Frank Mastrobuono :

Coordinator, RI Urban & Community Forestry Pro*ramI

SUBJECT: Tree Warden Appointments for 2012

Greetings,

This notice serves as your annual reminder with regard to the appointment of community treewardens. Pursuant to RIGL Sect. 2-14-2, every council must appoint a tree warden at its regularmeeting in January.

Please note the appointed warden must be a licensed arborist or must become a licensed arboristwithin six (6) months of assuming the office of tree warden. If your community needs helpfinding a licensed arborist to serve as tree warden please call us to request a list of licensees inyour area.

Thank you for your attention to this matter. Enclosed you will find two copies of the appointmentform for 2012. Please complete and return both forms by February 17,2012 to:

Cecile DrouinDEM Division of Forest Environment2185 Putnam PikeChepachet, RI 02857

After approval, one ofthe forms will be returned to you for your records. If you have anyquestions, or require any additional information, please do not hesitate to contact me at (401) 5682013 or [email protected].

Enclosures

Telecommunication Device for the Deaf 401.222.4462Printed on a Renewable Forest Product

OFFICIAL TREE WARDEN APPOINTMENT FOR 2012

According to the provisions of RIGL 2-14 et seq. as amended,

the following individual was appointed on

as TREE WARDEN for the municipality of

Name:

RI Arborist Lic.#

Mailing Address:

Telephone:

Signed:Town/City Clerk

Please complete this form and return to: Division of Forest Environment2185 Putnam PikeChepachet, RI 02814

Appointment approved: -=-:__-=- --::-::-_,--__-,--- _Director, Department of Environmental Management

4~S L 0 T §•

The Honorable Mayor Stephen C. Waluk and CouncilorsJeanne-Marie Napolitano, Naomi L. Neville, HenryF. Winthrop, Charles Y. Duncan, Justin S. McLaughlin,and Kathryn E. LeonardNewport City CouncilCity HallNewport, Rhode Island 02840

Re: Request of Newport Grand for Referendum

Dear Mayor and Councilors:

January 11, 2012

RECEIVEDJAN 11 2012

As a family operated Newport business since 1976 Newport Grand has strived to be aresponsible and caring corporate member of our community. The business my father, Arthur Silvester,founded and built has literally employed thousands of area residents, providing them with well paidjobs. Even during these difficult economic times we currently employ almost 200 individuais with anannual payroll of over $7,000,000. Since the company's inception we have paid over $550,000,000 ingaming taxes to the City of Newport and the State of Rhode Island. For fiscal 2011 Newport Grand paidthe City of Newport $900,000 in property and gaming taxes. In addition, Newport Grand paid$7,850,000 in 2011 to vendors creating a very positive multiplier effect.

The City of Newport is a destination resort blessed with historic attractions and beautifulscenery. We have never sought to compete with our local hospitality businesses. This would not begood business for us as the health of our hotels, restaurants and attractions complement and assists usin our business operation. We work with such organizations as the Newport Convention and VisitorsBureau to grow Aquidneck Island's hospitality and tourism industry knowing this is critical for oursuccess.

I am very proud of the contributions our company and employees make to our community.They are involved in numerous charitable organizations and have contributed significant time andmoney for the betterment of our community.

We are, however, faced with a daunting challenge which threatens the ability of Newport Grandto survive. With the recent approval in Massachusetts to construct a destination resort casino in the FallRiver area we have come to the conclusion that we cannot financially survive as presently constituted. Adestination resort casino on Newport's doorstep which offers a greater variety of gaming options,hotels, entertainment and restaurants is a frightening scenario for us. Under the recently enactedMassachusetts legislation, a developer is required to invest a minimum $500 million in a casino resort.This scenario shouid aiso cause concern to our own tourism industry as a destination resort casino just ashort drive away will challenge our local hotels, restaurants and attractions with a very competitiveproduct.

150 Admiral Kalbfus Road 0 Newport, RI 02840 • (401) 849-5000 • Fax (401) 846-0290 • www.NewportGrand.com

We have examined very carefully what options may be available to Newport Grand In order tosurvive and continue to contribute to the City of Newport and the State of Rhode Island in thisenvironment. We have concluded that adding table games to our gaming offering presents the bestpossible option for Newport Grand to be able to continue to be a significant locai employer and taxrevenue generator.

As I stated above Newport Grand has always felt that our best business strategy in Newport is tocomplement, not compete. We are uniquely situated in a destination resort community. None of ourpresent and potential competitors can make such a claim. Because of our location we have concludedthat the optimal environment in which to operate table games must be consistent with the Newportbrand. We feel our potential customer base, the same customer base we will be in competition withfrom Massachusetts, will most likely wish to stay in Newport hotels and dine in Newport restaurants. Atable game option will be one of many a visitor may be able to avail themselves. It appears we are bestsuited to take advantage of the local resort environment, not attempt to take away from it. In addition,because of the threatened competition posed by a destination resort casino, we are of the belief thatmarketing our property with the Newport brand provides us with the best strategy for survival andgrowth. We are prepared to make the capital improvements necessary to create a product thatcomplements the Newport brand.

We understand that the burden will be on Newport Grand to communicate with the voters andprovide them with information in order to allow them to make an informed decision. No doubt it will bea lively debate, one that we commit to conduct with honesty and transparency.

My family has strong ties to the community and I so much want Newport Grand to thrive as abusiness, as an employer and as a tax generator. And I want to do this in an environment that assistsour local economy, not hurt it. I believe it is plain good business and it is beneficial for our community.

Accordingiy, Newport Grand respectfully requests that the City Council consider a resolutionpursuant to Rhode Island General Laws 41-9-4 in order to put to the voters of the City of Newport, byreferendum, a question to add table games at Newport Grand.

Thank you for your consideration of our request. We will make ourselves available at any timeto appear before the Council as you deem necessary.

150

Admiral KlIlbfus

Road

Newport

Sincerely,

Oltmt., S.I/W?&:iRI

02840-1397

'iTeR:

401-849-5000

PrlN:

401-846-0290

www.newportgrand.com

Diane S. HurleyCEONewport Grand LLC

\ /'Z) 1\ L

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

COASTAL RESOURCES MANAGEMENT COUNCIL

Oliver Stedman Government Center

4808 Tower Hill Road, Wakefield, RI 02879

PUBLIC NOTICE

File Number: --=.20"-'1:..:1-.:-1:.::2=--0:..:5:...:1'-- Date: January 4,2012

This office has under consideration the application of:

Harbour Realty LLCc/o Terence M. Fracassa, Esq.

117 Metro Center BlvdSuite 2001

Warwick, RI 02886

"7 rOE

\';.,

for a State of Rhode Island Assent to construct and maintain exterior deck addition to existing dock(2~166 sq. ft. total additional deck area). Project requires maximum setback variance ofapprox. 39'from CRMC 50' coastal setback.

Project Location: Waites Wharf of Thames StreetCity/Town: NewportPlat/Lot: 32/26BWaterway: Newport Harbor, Narr. Bay, East Passage

Plans of the proposed work may be seen at the CRMC office in Wakefield.

In accordance with the Administrative Procedures Act (Chapter 42-35 of the Rhode IslandGeneral Laws) you may request a hearing on this matter.

You are advised that if you have good reason to enter protests against the proposed work itis your privilege to do so. It is expected that objectors will review the application and plansthoroughly, visit site of proposed work if necessary, to familiarize themselves with the conditionsand cite what law or laws, if any, would in their opinion be violated by the work proposed.

If you desire to protest, you must attend the scheduled hearing and give sworn testimony. Anotice of the time and place of such hearing will be furnished you as soon as possible after receiptof your request for hearing. If you desire to request a hearing, to receive consideration, it should bein writing (with your correct mailing address, e-mail address and valid contact number) and bereceived at this office on or before February 4, 2012.

Park Holm ...._ ......._._ _ _ _ C6PedestrIan Walk {22) .._ _ 05Police Station _ _ _ ~ 06Post Offices

Broadway Station .._ _.._ 06Maln __.._ _ _ ~.. E5

Rallroad Station (15) _ ~ 05Rogers High School ..~ _ _ F5Rose Island Ughthouse _ D3Rose Island Ugh\llouse & Museum _ 00Rosecllff Mansion _ .._ _ F6ROUgh Point MansIon _ _ _ G6Rovensky Park ._.._._..__ _ G6SaIl Newport _ _._ _ _ E4Salve Reglna University __ _ F6SllR1IJel WhRel'lorne House (16) E5Saniord-GoveU House .._ __ _ 05Sheffield Elementary S<:hool __ _ COSt Mary's Cemetery _. .. _ OSSt Mary's Church (17) ~ _ E65t Michael's CountTY Day School E6State Pier _.._._ _ _ _..~ E4Storer Park __._ ~_ _ _ 05SUllivan Elementary School __~ C6Thames ScIence Cenler (23) _ ,.. 05The Astor's Beechwood _.._. FaThe BreakBrB Manslon ..__ F7The Breakers stable & carriage House

.~.._ .._ ..._ _ ~ ~ _ F6The Elms Mansion _ E6Thompson Middle School _ ~ 06Touro Park _ __ _ E6Touto Synagogue {18} _ _.._.._.. 06Trinity Church (19) ..._ .._ .._ _._ ESUnderwood Elementary School .._ ~. F4Van zandt Pier ...._ ...._ •._ ...._ __• 05Wanton-Lyman-Hazard House (20) 06Whlle Horse Tavern (21) __...._ _ OS

Humbered Poills of Interest1. Braman Cemetery _ .. 052. Channing Memoriel ChU1clt .._ E63. Distrlcl Court _.._ ~. 054. Edward King House _ ~_~ E65. Eisenhower Park _._.__ _ 056. friends Meeting House _ _ 057. International Tennis Hall of Fame

(Newport Casino) ..__....._.._ ...... E6a. Museum of Newport History

(al Brick. Markel. Place) 059. Newport Art Association &

Museum _ ~ E610. Newport Artillery Annory _ .. OS11. NewportAutomoblle Museum E612. Newport Historical Society _._ 0513. Old Colony House _ _ _ _. 0514. Old Stone Mm _ ~ ~ _._. E615. Rallroad Station ._ __ _ 0516. Sarnuel Whitehorne House _ E517.51 Mary's Clw'ch _._ _ ~ E518. Touro Synagogue _..._ _ .._ ..~ 0619. Trinity Church ... ._._........._ _ E520. Wllnton-Lyman-Hazard HOllSe ._ 0621. White Horse Tavern ...._ _ _ 0522. Pedestrian Walk .. _.. 0523. Thames Science Center ~ 0524. Newport Alternative School _. C6

t

Sheep-Point

~

'oughPoint

Newport Area Career & TechnJcaJCenter (NACTC) _....._ .....__...•.•_. F5

Newport Art Assodatlon & Museum (9).._ .._ ....__. ....._ __ E6

Newport ArtlIlery Armory (10) .._ _ 05Newport Aulomoblle Museum (11) ._ E6Newport Beaeh _•••_ .... .._._ 07

Newport Bridge (Claiborne Pell Brldge)(ToIll_._..__..__•__.... C4

Newport CasIno (lntematlonDl TennisHall 01 Fame) (7) ~__._ _ ...__.. E6

Newport Country Club _ __._ _ G3Newport Htutlor Marlna .._._..__ 05Newport Hlstorlcal SocIety (12) ~_ _ 05Newport Hospital .._ ..._ ..~_ _ .. ,?6

Ume Rocks light _..__.._ ...._ .._.__ E4I.ong Wharf Mall ._......._.._ ..__..._ OSMarble House Mansion _ .._ _ .._ G6Mlantonornl Park _ ._ 06Morton Park .._ _ ..... _. F6Murphy FIeld .._ .._ _._._. .. F5Museum of Newport History (8)

(at Brick Market Place) _ .._ _ 05

Hunler Playlield .._ .._ _ .._._.__ 05Ida lewis Yacht Club _ ..._._...._.....__•E4Information Center (Bus TermInal)

_ ..._ ...._ ...__...._ ..._ ....._ ....~... OSInlemational Tennis Hall of Fame

(Newport CasIno) en ... ~.._ E6Island Cemete'Y _.... _ ..._._.. 05Jai Alai •__ _ .._ .._ .._ _ C5

,1\. Spoutingl

\7 Rock

(]

Ii ,,-JG~oseberlJfIsland

F"l$hlng Piers ..... ._...__...._ ....__ 05Fort Adams State Beach ._:._.._ .... F4Fort Adams Sla1e Park _._...._ ..._.;_ E3FortY Steps • "._."__"._.__,, E7Freebody Park _...._ ..._ ..._ __.._. E6Friends Meeting House (6) ~",._ _ .... 05Goal Island Causeway ....._ ....._ .._._ 04~~t r~l"n..l r ["hi 04

Common Ground Cemetery .~ _ 05Continental Sloop Provldence _. E4Cottrell F"reld _ _ C6Cmnston-Calvert Elementary School

........._ _ _ 06District Court (3) _ _ .._ _ 05Easton's Beach _ _ _ E7"'....._ ... ",-_ u_..~_ I.' =~

o

Cardlnes Aeld.. . _ osCarey Elementary School ~ ~ F6Castle Hill Coast Guard Stallon _ F2Castle Hill Ughlhouse GlChanning Memorial Church (2) ..~ E6Chaleall-$ur-Mer Mansion F6

~~. Hall .::::::.;:;:;:;::::.;~;:::::::.:::;.;;;~~~~. 06

C7

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STATE OF RHODE ISLANDCOASTAL RESOURCES MANAGEMENT COUNCIL

Oliver Stedman Government Center Suite 34808 Tower Hill Road ,JI\N 1 7 2012

Wakefield, RI 02879-1900

PUBLIC NOTICE

The Coastal Resources Management Council (CRMC) has been petitioned to revise itsmanagement plans, policies, procedures and/or regulations regarding planning and management ofthe coastal resources of the State pertaining to Chapter 46-23 of the Rhode Island General Laws.

Therefore, in accordance with and pursuant to the provisions of the "AdministrativeProceduresAct" (Section 42-35-3 ofthe Rhode Island General Laws) and the Rules and Regulationsof the Coastal Resources Management Council, notice is hereby given that the Coastal ResourcesManagement Council is soliciting comments to said petition that seeks to "reclassifY a portion oftheMatunuck shoreline from the existing 'Coastal Headlands, Bluffs and Cliffs' (Sec. 210.4 of theProgram) designation to proposed 'Manmade Shorelines' (Sec. 210:6 ofthe Program) classification."See Town's Petition at I.

The petition has been assigned file number 2011-12-017 and can be viewed at the CRMC'soffice during regular office hours (Monday-Friday 8:30 am to 4:00 pm), on the CRMC website atwww.crmc.ri.gov or the Secretary of State's website at www.sos.rLgov/ProposedRules/.

The Town of South Kingstown filed a petition with the Coastal Resources Management Councilon December 12,2011 requesting the CRMC to change the existing designation ofa segment ofthe Matunuck shoreline, between and inclusive ofparcels 92-2:46 through 92-3:9 as shown onthe Town's exhibit, from Coastal Headlands, Bluffs and Cliffs to a designation of ManmadeShoreline. Such a change, if approved by the Council, would allow the installation of newstructural shoreline protection for the affected parcels provided the property owners apply for andreceive a CRMC Assent.

Parties interested in or concerned with the above matter are requested to provide writtenCOlnrnents to the CRMC at the above address on or before February 17,2012.

Further information may be obtained by contacting the Coastal Resources ManagementCouncil offices at 783-3370.

Signed this 13th day of January, 2012.

JeffreCoast I

Cliff Walk CommissionNewport, Rhode Island

2011 Year End Summary

MEMBERS::» Robert Power, Chair:» Peter Janaros, Vice Chair:» John Hirschboeck, Secretary:» Dave Downes:» Carolyn Booth

OTHERS::» City representative: Scott Wheeler, Newport Trees & Parks supervisor:» Ombudsman: Bill Corcoran Jr.

During 2011, the Cliff Walk Commission officially met 7 times. There were two additionalmeetings where no quorum was reached but informal were discussions held. Attendanceas follows:

Robert Power: 7 official meetings; two informalJohn Hirschboeck: 6 official meetings, two informalPeter Janaros: 6 official meetingsDave Downes: 3 official meetingsCarolyn Booth: 2 official meetings

The following were major issues addressed by the Commission:

Maintenance and Repairs to the WalkDuring the year, the walk's condition was monitored and needed repairs identified.

1. After lengthy negotiations between RIDOT and the city regarding who wouldadminister $608K in congressional appropriations for repair to the walk's seawall at theBreakers, resolution was finally reached at year's end. Work administered by the city willgo out for design/build bids in early 2012.

2. Further damage to the walk was incurred by Hurricane Irene. $37K in FEMA fundshave been secured and allocated for repair work beginning in 2012.

3. In the fall, 16,000 daffodil bulbs were planted from the north entrance to 40 Steps.This should be a magnificent enhancement to the walk each spring. Thanks to the cityand the Daffodil Society for their efforts.

3. Scott Wheeler did an excellent job reporting and addressing encroachment issues andhis staff continued to effectively perform routine and seasonal maintenance along thewalk in a timely manner.

Photo JournalThe photographic record of the entire walk was published and distributed to the NewportPublic Library, the Redwood Library and The Historical Society, as well as posted on thecity's website.

1

Clean Up1. The Commission sent letters of commendation to Clean Ocean Access and SalveRegina for their annual cleanup along the walk, their yth annual undertaking.

2. Graffiti was continuously monitored and reported to Clean City, which promptly andefficiently eradicated new postings.

VendorsThe Commission once again voted against having any commercial activity conducted onor entering the walk.

Unresolved is the issue of unauthorized and unlicensed vendors selling drinks at 40steps.

Toilet FacilitiesGiven that the walk is the state's most visited attraction, the current portajohns are adisgrace, not only unattractive and unpleasant to use but also prone to vandalism andgraffiti.

Significant progress was made in addressing the longstanding, acute need for apermanent restroom facility on the walk, yet funding remains a challenge.Alternative plans and cost estimates for either a vault toilet system or a flush system at40 Steps were developed and submitted to the Director of Public Services. Estimatedcapital costs and annual maintenance would be $75K and $13K for the vault system or$172K and $25K for the flush toilets.

The city manager agreed that planned parking revenue ("pay & display") onNarragansett up to Ochre Point could be used to off-set the annual maintenance of thefacility. $38K was estimated as potential parking revenue.

Private funding for the capital outlays was sought and DEM grants were explored, but byyear's end no grant funds had been received. As we continue to explore private fundingoptions we also submitted cost estimates for inclusion in the city's 5 year CapitalImprovement Plant. The release and timing of such monies is indeterminate at this point.

NewSignageAs a result of recent litigation, Rl's Interlocal Trust worked with the city to identify andpost required warning signs on pathways leading off the walk and every walk entrance,24 in total.

LitigationThe commission met with the city solicitor in closed session to discuss the status ofcurrent litigation regarding the walk, possible legislative actions and liability exposure ofcommission members.

2

2011 Newport Tree and Open Space Commission Report

The Newport Tree and Open Space Commission (NTOSC) had a very active andproductive year. In collaboration with the Newport Tree Society, the Division ofUrban Tree Management, particularly Tree and Parks Supervisor Scott Wheeler,and the Aquidneck Land Trust, here are some highlights of 2011:

• Newport's spring and fall street-planting programs added 96 new trees,including 58 bare root trees. Balled and burlapped tree plantings focusedon Broadway where the division and commission partnered with theNewport Garden Club to plant 15 trees in an effort to fill in a significantgap in the street canopy. A half dozen disease resistant PrincetonAmerican Elms where planted at both the Newport Art Museum and theRedwood Library.

• In support of Arbor Day and in recognition of efforts to replant Broadwaywith trees, Cranston Calvert students planted a red maple tree at theBroadway post office.

• The NTOSC and City staff worked in partnership with the Newport TreeSociety to launch the Newport Arboretum projecthttp://newportarboretum.org/home/. The project that establishes Newportas the first city wide Arboretum was kicked off with a week of activitiesincluding kids and adult movies, tree walks, planting demonstrations, afund raising dinner at Fluke, and a poster contest. A total of 5 tree walksare available in digital and printed formats.

• To raise awareness of the magnificent trees in Newport, the NTOSC andthe tree society awarded the 2010 Tree of the Year to a magnificentGinko, located in the cemetery at the corner of Kay and Touro. They alsonominated 10 magnificent trees for 2011 Tree of the Year, mounting adisplay at the public library and online at newportarboretum.org, whichgathered significant public interest in voting for these venerablespecimens in December.

• To continue to preserve critical open space in Newport, the NTOSCcollaborated with the Aquidneck Land Trust to recommend a permanentconservation easement on two parcels of Coggeshall School property,preserving as open space and creating a new public park in an area withno other alternatives.

• In collaboration with the Newport Restoration Foundation and the Treeand Parks Supervisor, the commission recommended significant changesto the initial landscape plan for the Queen Anne Square restoration,resulting in the retention of many mature trees and an improved plan fornew tree plantings.

• The commission supported the work of the Newport Tree Society and theTree and Parks supervisor in applying for grants, resulting in a $7500beech tree treatment fund and a $20,000 tree inventory fund.

• The commission also addressed the issue of tree damage due to gasleaks, asking National Grid to prepare and present a plan to betteraddress this problem in Newport, as well as their tree trimming plan.While more work is required on these issues, we believe National Gridbetter understands the importance of these issues to Newport.

• The commission participated in a meeting arranged by the Newport TreeSociety to express shock, dismay and frustration at the mass removal of40 trees, including 13 large, healthy Copper Beech trees at Ft. Adams. Arequest was made to be included in all future planning and developmentdiscussions that involve trees and open space critical to Newport, andcouncilor Neville stated that she would like NTOSC to represent Newportin these matters.

Administration: The NTOSC is authorized for 13 members, but had only 5-7active members during the year. Six meetings were held on the 4th Tuesday ofeach month (January, March, May, September, October and November), onespecial meeting at Queen Anne Square in June, plus participation in the ArborDay celebration in April, various council meetings and workshops that concernedtree and open space matters (Queen Anne Square and Coggeshall School),active involvement in the launch of the Newport Arboretum and fund raisingbenefits, and participation at an on-site meeting at Fort Adams to discuss theunauthorized removal of trees.

As required by ordinance, here are the attendance records of the currentmembers:Dan Christina (June 2011 appointment)-6 meetings, plus active participation intree of year contest; Robert Currier-6 meetings, plus active participation in otheractivities; Lois Eberhard-4 meetings, plus active participation in other activities;Audrey Grimes-5 meetings, plus active participation in other activities; KenNomiyama (June 2011 appointment)-2 meetings, plus active participation in otheractivities; Susan Ruf-7 meetings and active participation in other activities;William Steeves-3 meetings and active participation in other activities; and VictorVazquez, no participation in meetings or activities. Our ex-officio member, ScottWheeler, Tree and Parks Supervisor, attended all meetings and many otheractivities.

Submitted: January 4,2012 by chair, Susan Ruf

PAGE! on '~~J VI! It" J mv. c:':;;/ e.U I ~CITY OF NEWPORT, RHODE ISLAND

FROM YEAR TO YEAR__-,---

PUBLIC ENTERTAINMENT LICENSE APPLICATION

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Filing Fee -~ Date Paid: I [(3( /2... I License Fe~. I Date Paid:\

~:~~~~~.~~~u~.~~::. ._. ~~~~_I~~~ed~ __. ~ __~~ __~_(~It_.e IJ~l_~~~ANNUAL Class A (inside) $300 Class B (outside) $200(including tent) accessory onlyClass C (Class J Liquor) ($500)}?:~!~Y __Sl~~~ :~.E ?_P.~~_ ~_E!Y ... .~.1!1.~~_~P~j!X _~!~ l'~r _~~)'_(M~!!~()~~I_!o_~E!!!yS!!l.ss_~) . __ ._.. _" _. __ ._. _. _.

ACTION OF COUNCIL: ACTION DATE: _.. ,.

Entertainment License ApplicationJUNE I, , TO MAY31, _

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Page 2 of2

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

AMPLIFICAnON? 707JDEEJAY? N74CONCERT? /// / ABAND? 7lT[J -.

,HOW MANY MUS,lljANS?

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Your signature below indicates that you have reviewed the inf()rmatithat it is c()rrect. Any change will require that a new appllcati()n be I

PRINTED NAME:

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TITLE:

RESTRICTIONS:

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Your signature below indicates that you have reviewed the information on this twopageform and agreedthat it is correct. Any change will require that a new application beflled with the City Clerk'sOjJice.

SIGNATURE OF REP:RE:S:E~N:T~A:T:IV~E::~L~~~~~l=~~~(/frf~-=-~_=J:.======::=;JPRINTED NAME: ',' -, .1,' /,). fl,,/V r--:, !/,tlrl.''')DATE: t· <:/\I, L~fL~

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RESTRICTIONS: Outside entertainment limited to 11 p.rn.on Sunday through Thursday, and toMidnight Olll Fridays and Saturdays, and Sundays of holiday weekends. Decibel level not to exceed 65.

Crt':.l1i.'d (Ill '11'22/20 I09;.?9 A.:>vi

please complete both sides of this form

Silvia. Kathy

From:Sent:To:Cc:Subject:

[email protected], January 17, 20126:37 PMSilvia, [email protected] to Objection to all three requests (sorry)

Dear Newport Mayor and Council Members,

I am one of the abutter neighborhood residence that have witnessed Waites Wharfbecome one of the eyesoresof the Newport Harbor waterfront. Over the years, the entire Wharfhas become more and more unsightly andlouder. There are more and more patrons that drink to excess in that one concentrated area than any otherlocation in the City ofNewport.

The owner of Waites Wharf has never once considered how the visual and noise pollution affects his neighbors.Waites Wharf is an over crowded area of drinking to excess bars, unruliness and load music.

I am vehemently opposed to any increase in the Decibel rating requested for the Deck and Riptides. I alsovehemently opposed to the request for outdoor entertainment on the pier off The Boat Dockside.

Sincerely,

John Nicolace16 Coddington WharfNewport, RI 02840

1

Silvia, Kathy

From:Sent:To:Subject:

Dear Council,

Chandler Hovey [[email protected]]Wednesday, January 18,201212:26 AMSilvia, KathyRE: Waite's warf noise hearing 1/25 & 2/8

1) Yes, I object to all three applications.

2) I object to the fact that the notice does not spell out that there is not one, but three pending applications that will bethe subject of the hearings. Piease explain.

3) I object to the fact that the notice was written with no date. Please explain.

Sincerely,C. Hovey

Dear City Council,

Re Waite's Wharf The Deck LLC application to increase its maximum permitted decibel ievel from 65 to 75 decibels.

1) I strongly object to any increase in the The Deck's permitted decibel level.

2) This is a residential area. 60-70 decibels Is described as normai conversation. Over the past 5 summers there havebeen many nights when the allowed 65 decibels level has been greatly exceeded. Summoning police and obtainingactionable decibel level recordings have been next to impossible. Increasing the decibel level by 10 dbs will make noiseabout twice as loud (see web site below). Increasing the maximum levei by 10 dbs will definitely reduce the quality ofliving conditions for all residential abutters.

3) This location abuts at least 100 residences, including mine, which are infrequently occupied in winter and fully occupiedduring summer. Scheduling pUblic hearings in the middle of winter is a slap in the face for summer resident home ownerswhose real estate taxes pay for much of Newport's bUdget. How and by whom was this hearing scheduled? This needs tobe investigated and the findings publicized. Why was the City Clerk's notice mailed with no date on it? The council needsto reschedule this hearing when a majority of abutters can reasonably be expected to be present. Too many changes that

effect tax paying Newport summer residents are enacted under the cover of winter. The most recent example where I wasan abutter was a noise trial period that took place in February!

http://www.gcaudio.com/resources/howtos/loudness.html

Sincerely,

C.HoveyII Kirwins Lane,Newport

Silvia. Kathy

From:Sent:To:Cc:

Subject:

Mike Maroney [[email protected]]Tuesday, January 17, 2012 9:38 PMSilvia, [email protected]; [email protected]; [email protected];[email protected]; [email protected]; [email protected];[email protected]; [email protected] to request for expansion of permits at Waites Wharf

Hi Kathy,Please submit this correspondence for record in the appropriate file for consideration at the public hearings scheduledfor January 25 and February 8, 2012. We further request that in the event these hearings are deferred, this also beincluded for consideration at those times:

Dear Mr. Mayor and Council Members,

In concert with the many others in this long trail of objections, we are respectfully and formally submitting our moststrongest objection to the three requests for expansion of permits at the follOWing locations:

1. 1 Waite's Wharf, request to increase maximum decibel level,2. 25 Waite's Wharf, Unit 8, request to increase maximum decibel level, and3. 25 Waite's Wharf, Unit A, application for outdoor entertainment on 30' x 90' pier.

We are the full time, year round resident owners of 13 Coddington Wharf and the adjacent property at 21 CoddingtonWharf. We have lived on Coddington Wharf for the last 32 years. 80th of our properties are Within the 200' radius of thethree addresses referenced above. Our concerns are vested not only in our personal desire for peaceful enjoyment ofour home, but, the same concerns for our tenant who has also been a full time, year round resident for more than 9years.

It is not our intent to cast disparaging assertions on the applicants, nor is it our intent to expound on the many times wehave been disturbed or awakened by the loud noises from Waite's Wharf. It is also not our intent to express ouroverwhelming disappointment in past and current efforts to bring under control the increasing lack of care orconsideration, by owners and customers alike, given to the residents of this neighborhood. At the current limit of 65decibels, the contents and structural components of our home already bounce, buzz, rattle and vibrate to the soundpressures emanating from the above establishments. Our intent is very simple. We understand that an important part ofthe council's collective charter is to consider these applications. Our most sincere request is that you adamantly refuse.

Your time and consideration is greatly appreciated, exceeded only by our confidence that you will champion ourconcerns and posture your decision consistent with our recommendation.

Respectfully,Mike and Marion Maroney

1

From:Sent:To:Cc:

Subject:

Dear Kathy,

David Leahy [[email protected]]Tuesday, January 17, 201210:50 PMSilvia, [email protected]; [email protected]; Susan Zacharias; [email protected];David Leahy; [email protected]; [email protected]; [email protected]: Objection to request for expansion of permits at Waites Wharf

Please also submit this correspondence for record in the appropriate file for inclusion at the public hearingsscheduled for January 25 and February 8,2012. We further request that in the event these hearings are deferred,this also be included in any future hearings on this matter.

Dear Mr. Mayor and Council Members:

As Owners of condominium units #IN and #1 S at 26 Coddington Wharf, properties within 200' radius of theproperties referenced below:

1.1 Waite's Wharf, request to increase maximum decibe11evel,

2.25 Waite's Wharf, Unit B, request to increase maximum decibel level, and

3.25 Waite's Wharf, Unit A, application for outdoor enteltainment on 30' x 90' pier.

We object to all three requests as we strongly believe that expansion of any of the three permit requests abovewill directly result in infringement on our right to quiet enjoyment of our property and the right of tenantsthat we may have in these two properties for right of quiet enjoyment as well.

As a long time resident ofNewport, we applaud efforts that have occured in the past to maintain a reasonbledecibel level and reasonable outdoor entertainment space size for businesses in the downtown Newport area.As we know, Owners, that are asking for these permit extensions are doing so for further economic profit, andare, for the most part not residing or using property within an immediate radius and therefore, are not unduly

affected by these requests. We will be unduly affected and request that our right to quiet enjoyment ofour propelty and the resulting detraction ofpossible property value not be allowed and we request thatthese these permit expansions be denied.

Thank you,

Caryn Johnston Leahy

David Leahy

Corporate/Business Owner Name: 'Id?

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TO THE HONORABLE COUNCIL: DATE: [ ~AN 1t 2O:tZ

DBA Name: ~==p=t~j,.l)=£S=='=====:;-- -:---Business Phone: I I

.------==:::::;:::=======-----------Address: d6 WI)J% tJf/l}~ j/jII!/713

ILicense Number: IScA---..,O==-_--JYearly is June I-May 31 0or if Daily (list dates)

CLASS:~ DURATION: I -J

HOURS:

Location: I~---------------;:::~

Initial Here that PLAN is attached that specifically delineates & defines location ofentertainment:..-_--l..._-1

INITIAL HERE to acknowledge receipt o/NOISE ORDINANCE D DATE:

Filing Fee - $15 Date Paid: I I License Fe~ I Date Paid: .....--..1...-----1



p'~I!:Y 9~~~.~.~.~? P.~!. ~~y. <;}.~~~.~.I:?~i)y'. ~!.~.:P.~~ .~~XJ~~~jt!~.~~).!~. ~~g~S)~~~.~L .. __ 'ACTION OF COUNCIL: ACTION DATE: _

of2 Entertainment License ApplicationJUNE I, , TO MAY 31, _

PLEASE COMPLETE ALL CATEGORIES. Use "N/A" if not applicable.

AMPLIFICAnON? '~e<;'DEEJAY? \Je(CONCERT? IV/fit-BAND? \Ie\~HOW MANY MUSICIANS? I ,.-tJJ 4HOW MANY VOCALISTS? 1TYPES OF MUSICAL INSTRUMENTS? /)~/::;i4-!, &lml2 ~eL{!~ 1J~,'tI'>DANCING? \'jcs-DANCE REVUE f'/AMOVIES? /11/4PLAYS? All 14OTHER tV {it[

Expected Attendance: _---'-,-,,-O~;) _ Seating Capacity: _-----'I_O-=J.-_" _

Parking Availability # of Vehicles: __--"_5"::"-"='0-----' _

Do you have a Liquor or Victualing License: __\--'-~6=-.,·S.L- _

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

SIGNATUREOFREPRESENTATlVE, I F ~ " IPRINTED NAME: I Kev IIV S'11tc.!f~ '~I 1!,{/IX I

TITLE: I~ty I

RESTRICTIONS:


DBA Name: I 66l!¥1 VOG(i<:;'/ De lmeBusiness Phone: I {JOe[ '':+-14'4;/)"1:

JL Ill! b

Address:

'V~~~~E~~~RT:~ODEI;(~~:' I ~.,-/' "--FROM YEAR TOYEAR~__


DATE: I JAN 112012

Corporate/Business Owner Name: I 0'4 lIe'.' ~ W!+t4-e..J' Gil ue ,L.LC...

Owner Address:/ ,Dr; ()I...i) i4ttl/ll Y{?m4tOwner City: I <Ct4.e...~)44:" State: IAJ'1 I Zip: lO 5'&-3

Owner Phone: IqIi-{ - '::t IL{ Lf). )1-For Mailing Address (choose one):Use Business Location: OR Use Owner Address: OR Other Mailing Address:

License Number: 1))1

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

CLASS:~ DURATION: 1.........4'-flr_lV_u_.v.J.-'.-l-"-- _

~Sf"J1){"

lie&ueSt( 17) e'{f4-Nb GNf€fU(I4/IVJrie,V] LlceiV9::

. 'fO ()U'T~ ,be 3()' 'Icta' fief( ~G'nol\J of fe.et11lS·es1l5UJ·1J oCi..t> I/\II4I1JCe Of 1<'Illtl.1IVt - l"I1l\)IV/i$I4'1 (UJeElLDvl)$J

~I ttJ VV\ - II j> m (wee Ie j),4.'((

e that PLAN is attached thatspecifically delineates & defines location ofentertainment: I'ERE to acknowledge receipt ofNOISE ORDINANCE DDATE:I

$15 Date Paid: I I License Fe~ I Date Paid: I

HOURS:

Locatio~

Initial Her

Filing Fee -

INITIALH

•



!?:~!!:Y 9!i.~~.~. ~.~? p.~~. ~~y. ~.l.~~~. ~.I:?~j~y'. ~ ~.q .P.~~ .~~y.. (~~~!!!?~~~. !? ~~!!Y. ~~!i.~~.~) .ACTION OF COUNCIL: ACTION DATE: _

of2 Entertainment License ApplicationJUNE 1, , TO MAY 31, _

OWNER: WIf) 1'1e? '<) w./-h? tf 6 '!./U£ LLCDIBIA:P)I)1}'I b OG1{.<;: I be \ J11e..PREMISES::J- <; wl4t7e,:5Lvt-hu./F 'ltV11 # if

PLEASE COMPLETE ALL CATEGORIES. Use "N/A" if not applicable.

AMPLIFICAnON? \1£<;DEEJAY? \/e)CONCERT? AlljlfBAND? '!e<;HOW MANY MUSICIANS? I ~ (,HOW MANY VOCALISTS? ITYPES OF MUSICAL INSTRUMENTS? Ke{6 OJ4.-~ J) 6u l14e)DANCING? nJ!i.-DANCE REVUE N/JrMOVIES? 11/4PLAYS? Nt1-OTHER 1\/4Expected Attendance: _:::..;)(;0....:...::::-- _ Seating Capacity: _-,{}ffV~~. _

Parking Availability # of Vehicles: __...;/C:C.'+-'-'~L- _

Do you have a Liquor or Victualing License: __-.{,:::e::..,<;~ _

Your signature below indicates that you have reviewed the infQrmatiQn Qn this twQ pagefQrm and agreedthat it is CQrrect. Any change will require that a new applicatiQn befiled with the City Clerk's Office.

SIGNATUREOFREPRESENT~TIVE' ~.~ I

PRINTED NAME: I 1{e:Ji/lJ 5~ I DATE: 1/11 /1;)- ITITLE: I~L I

RESTRICTIONS:

I

,5haDe-Uo \f)ewoO(fD/a/A

PAGE lof2

{ - II ~ I , Last printed 615/2007 10:54 AM

CITY OF NEWPORT, RHODE ISLANDDec. 1. :t-!?JJ. Nov. 30. i?::-q!_d--

VICTUALING LICENSE APPLICATIONTO THE HONORABLE COUNCIL: DATE: I

OWNER (LLC: J" A' ,/r \ '""""","00)' ~~ - ~"oS +- \ '11 £"L K0t/'emq r

Owner Address \'J,~I tDkbrDQY edCity: IU,\-\\e, to\\\1?\\)0 IState: 1::\1:.1..\L;:::::::!.IZi_'P-,:::1=CQ'6='Q='l~

Owner Phone: I'-lO\ ,'i?£, i9s~~?:: l~.~::s Phone: I IMailing Address (choose one): ~iness Loc~o'n":'tb) 9~hip Ad<!~lt!i" or (c) Other (specify below)

, """",,--...:.,..;.>

1~============::::::;:::;::=:====:::::;-::-:-~---r=7~~=====i1ILicense Number: i2J0 CLASS: FF ILi.tter Rating from I~s'f fddd IL..... -'-_>L_:::....::"--__--''-- --J City Clerk: ~.'-- --'

DURATION: IflmV1lJo,\ I (Annual is DEC I thru NOV 30) or if Seasonal (list dates): 1:...- 1Estimated monetary I <:b L Iinvestment involved: "P w, C(j 0

Hours of Operation: lM" r-:: 1cul1' 5'ptl\ Sat '6'-'-\ 91)') I ,Do you have Extended Hours of Operation (I.e. 2:00 am till 6:00 am)? 1m] if yes, specify extended hours and days:

Hours: I IDays: I IIs liquor license application being submitted by the applicant? Cil6:J or will it be in the future? COO]

Description and/or rendering of architecture to be used (if changing). INITIAu:E"TA'": Attached? (YES?No) n;7ti:.. JJI1... "'fhd..

• • • - - "" - .. "" , - • "" - -DO NOT WRITE BELOW TillS LINE· , "" - .

Filing Fee:~ Date Paid: lId- .)7-1 (.-/.11 License Fee: 1150 IDate Paid: 1 _Approved by Conncil _ Disapproved by Council _

Issued by Date _

_~.:.;,. il.L1llu•.:::u Uf Jf~vu7 i 0:54 ArVlPAGE2of2 Victualing License Application Dec. 1,(7.:fJ{ to Nov. 3o,tfll:A..

, A_~ Ii ,VUE I it,;ti $(~ Iti2mf4lJ/lllt1tH''''Owner: ~Mll e, f\ )

DBA: r.;;irltt~L Up \ tev( tLocation: (p 1?11J"e-tWCL,,:\i \'I{wqO(t Vl (jJ-,"6I-/D-------------------------------------------------------IfNEW establishment -or· ifNOT already "on-file", l"LAI'I;;' must oe provi(jeu.If new establishment, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpsterlocation, aud parking area.

• ••••••• , •• ••~ •••••~~•••••• D••••••••••••••••••••••••••••••••••••••~Plaus attached or on-file (YES or NO): i : & Signature::~ :

Current Seating: I '75 I :.,:¥.'?..: ~. .. :

Weight per pickup:

Type/Odor Prevention:

ParkingAvailable?

Garbage Disposal:

Location:

Number of Cans:

ParkingLocation? I INumber: r---l

--","SLJ\i.lle"",r...5-'--.:£vcCUM:.l"'Il,..",lrI"":)'\-________ of Cars L---.l

Dumpster? I/10 I Trash Receptacles? IT~:::r/

E:qL rJf budd,/l...rl=l.::;;:t'C'l.::::"=========='

? I=;2='========,

PRIVATE PICKUP?I ~y..e1, By Whom?I {)JI;tsk mana~'L_+- ---,INITIAL to acknowledge receipt ofLitter/Trash Info (if new) ~"""""'i DATE~."""""""""""""

• •\ ..•••......, •............•.............

Type ofBUSINESS:

Your signature below indicates that you have reviewed the information on this two page form and agree that itis correct, Any change 'I require that a new application be filed with the City Clerk's office.Signature of r'" : "'1....... .. · ·:..· i Date: r'i'i/!J··:ili·······~Applicant: • .. ( ..

Phone#:

Print Name:

,U~

,-",,,,,, ,.....-.. ,....Street Side

Exit Door

StOle Flout

I I

I I I -, /&2...(~el~·,Jj 3' 10':_

i i'W'f ~ ~ tS,Mc-

~~ :r VI~ v

~

~<t,jCl VI

~ QQ\

v

1 c:;I"(..-a

1~I1 Step16' I I

IDown I- •

I Door I

r i J;.,

¢ ;:,........~~

~t-~

j,

0-8'5" 4'6.5"__+-- .-----....L-

~i '~lR... 3 Cbltmms Approx 5 114" x 5 1/2"

~ t C"ltum, to 114" x 11 3/4"-- - fo ~

~ ~QC)

~v 60 11./' ~

~V \ &A -Vreq. \- 8'6" -- ......-- 5'2" -- 0·- 4' 4.5" --

(/;J~l/

• tIQ, ~

1Oc

1~ 20' •

.c:~IU'\ <;('«:bV\k

2'wBin'ch 2'wBench

I Door I. . .'Of OrtON 0/ . I .," a UOI1V:mOOV 'lSUIK),? 3UI1Vn/:Jl/t..•••.. ·1

PAGE lof2

~~ Last printed 6/5/2007 10:54 AM

CITY OF NEWPORT, RHODE ISLANDDec. 1, -Nov. 30, _

VICTUALING LICENSE APPLICATIONTO THE HONORABLE COUNCIL: DATE:

D/B/A & dt~/

ILICENSED PREMISES

. Jtf 1-1 'f? ~ :, 'f ~- l'J.-~ $"1--

OWNER (LLCi '7) ",. 1- r t. .Corporation): 11A~ 7{ 1<-t--1 ~ }

Owner Addressl IIIl~ c. S 4;) VI !).,. II? WrI'V ICity: I Pt:r-vr [state: I U- IZip:I01--~ () ,

Owner Phone: [ Iftll &'1f 7'7 51N IBusiness Phone: I IMailing Address (choose one): (a) Business Location, Ownership Address, or (c) Other (specify below)

ILicense Number: CLASS: B V ILitter Rating from I_--,- -.J. City Clerk: . -.J

DURATION: I~ J I (Annual is DEC 1 tbm NOV 30) or if Seasonal (list dates): 1'- ---1

Estimated ~onetary I ;,. <Ir / ~Il" I? v iJ Imvestment mvolved: . -1'.1 J

Hours of Operation: I 7dI!Jo- "'- - I J1- r" I·Do you have Extended Hours ofOp.eration (i.e. 2:00 am til16:00 am)?~ if yes, specify extended hours and days:

Hours: I IDays: I IIs liquor license application being submitted by the applicant?~ or will it be in the future? 0Description and/or rendering of architecture to be used (if changing). INlTIAL8:······: Attached? (YES?No) r71

'\. - .

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

Filing Fee:~ Date Paid:I/j37/J\I

License Fee: 1 1Date Paid: 1 _

Approved by Council _ Disapproved by Council _

Issued by Date _

y :~Wtlb Fdilil1[~\VIT2(107Applicmion.{joc

of2/.J".~"'uvi

Victualing License Application Dec,

Last printed 615/2007 10:54 M1, fO Nov. 30, _

Owner:DBA:Location:

IfNEW establishment -or- if NOT already "on-file", PLANS mus't be provided.Ifnew establishment, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpsterlocation, and parking area. '

Location:

Number ofeans:

Garbage Disposal:

Type/Odor Prevention:

Weight per pickup:

Plans attached or on-file (YES or NO):

Current Seating: r ~WParking ~ ParkingAvailable? L..lL!.-l Location?

tv- /1A' eJvt. , Number: II_____-'- ....J of Cars L--.J

Dumpster? [2] Trash Receptacles? DI ~ 5;,40 I II============~ I I1============== I I'_-;::::::;:=======--.-----=1======:=:::::;---_1

PRIVATE PICKUP?! I By Whom? 1 ~!.£ d.I~./

INITIAL to acknowledge receipt ofLitterlTrashl-..l-n-ifi-o'-(I-if-n-ew-'.J--'---=f::··::··~··:::·:::··::··::--D-A-T-E-~-::'::"~":::":::'::"::"~"::""" .

,........... .••••.•.....•••.......•....Type ofBUSINESS:

Your signature below indicates, that you have reviewed the information on this two page form and agree that itis correct. Any change will req . e that a new a . tio e filed with the City Clerk's office.

Signature of Date: r···~i3~·~······~Applicant: ••~~:: .........

Phone#:

Print Name:

Y:\Wt:b r~diljllg\V1T2007 Appli,:atinn.d(lc.:

CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO. _

AN ORDINANCE IN AMENDMENT OF TITLE THREE OF THE CODIFIED ORDINANCES OF THECITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS AMENDED, ENTITLED,"PERSONNEL."

BE IT ORDAINED by the City of Newport:

SECTION 1. Chapter 3.12.020 of the Codified Ordinances of the City ofNewport, Revision of 1994, as amended, entitled, "City Manager tomaintain specifications - Enumeration of classes," is hereby furtheramended as follows:

CLASSIFICATION PLANEXECUTIVE, ADMINISTRATIVE AND PROFESSIONAL EMPLOYEES

ADD:

CLASS TITLE

"Assistant Water Treatment Superintendent

GRADE

7"

SECTION 2.ordinancesrepealed.

IN COUNCIL

This ordinance shall take effect upon its passage and allor parts of ordinances inconsistent herewith are hereby

READ AND PASSED


CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO 0 _

AN ORDINANCE IN AMENDMENT OF TITLE TEN OF THE CODIFIEDORDINANCES OF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF1994, AS AMENDED, ENTITLED, "VEHICLES AND TRAFFIC."


SECTION 1. Chapter 10.32 of the Codified Ordinances of theCity of Newport, Revision of 1994, as amended, entitled"Residential. Parking Program," is hereby further amendedas follows:

10.32.110 Designated Residential Parking streets.

A. The fol.1owing streets are designated asresidential. parking streets, dail.y, during thehours of six p.m. to six a.m.:

DELETE: "School Street, Monday to (andincluding) Friday (See Paragraph C) .n

ADD IN LIEU THEREOF THE FOLLOWING:

"School. Street,Street, MondayParagraph C) ."

betweento (and

Mary Street and Touroincl.uding) Friday (See

c. The fol.l.owings streetsResidential. parking,hours a day.

shal.l. be designated fordail.y, twenty-four (24)

DELETE: "School. Street, from six a.m. Saturdayuntil. six a.m. Monday."

ADD IN LIEU THEREOF THE FOLLOWING:

"School. Street, between Mary Street and TouroStreet, from six a.m. Saturday until. six a.m.Monday. "

CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO . ..,...",._----",...,....(Page 2)

ADD: "SchooJ. street, between Church Street and MaryStreet."

SECTION 2. This ordinance shall take effect upon itspassage and all ordinances or parts of ordinancesinconsistent herewith are hereby repealed.

IN COUNCIL

READ AND PASSED


Communication # 4942/12Docket Date: January 25,2012

City ofNewport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:Staff Presentation:

RECOMMENDATION:

Mayor Stephen C. Waluk & M~bers of the City CouncilJane Howington, City Manager \\-January 17, 2012Water Budget AmendmentsLanra Sitrin, Finance Director

Recommend that the City Council approve the attached ordinance amending the Water Fnnd budget to agree to the finalrate filing numbers on first reading.

BACKGROUND AND FINDINGS:

The fiscal year 2012 Water Fund Budget was not changed from fiscal year 2011 in the FY2012 Operating Budget. Adecision was made, with Council's concurrence, to adjust the Water Fund Budget after a determination was made by thePublic Utilities Commission on the pending rate filing. New rates were approved effective December I, 20 II. Theattached detailed budget reflects the approved rates.

PREVIOUS LEGISLATIVE ACTIONAdoption of the Budget Ordinance #20 I I-01 I

FISCAL IMPACT

~ Currently Budgeted (Account ) l Requires additioual appropriation _ No Fiscal Impact

The Water Budget is increasing as a result of the rate filing decision.

SUPPORTING DOCUMENTSOrdinanceDetailed Water Department Budget

Finance Dept Review: Date By: .1-.5 (if applicable)

CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO.

AN ORDINANCE IN AMENDMENT OF ORDINANCE NO. 2011-011,APPROPRIATING REVENUES OF THE CITY OF NEWPORT FOR THE FISCAL YEARJULY 1, 2011,THROUGH JUNE 30, 2012."


SECTION 1. Pursuant to Chapter IX of the Charter of the Cityof Newport, this ordinance is adopted to provide the sumshereinafter appropriated for the fiscal year July 1, 2011,through June 30, 2012, and as shown in the Operating Budgetof the City of Newport for the fiscal year 2011-2012,a copyof which is attached hereto and is incorporated herein byreference thereto.

Water Fund

•••RevenuesOther SourcesAppropriations

$12,835,338$7,458,200$20,293,399

$11,537,878$ 9,770,008$21,402,343

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

IN COUNCILREAD AND PASSED


City of Newport, Rhode IslandWater Fund Budget for FY2012

Reflecting Docket 4243

2,834,347 463,789 741,202 372,501 20,499 461,053 294,870 225,700

254,733

254,733

Other

2,000

2,500

1,200

1,000

20,000

10,000

10,00048,096

226,774

7,508

309,657143,888

Internal Other Supplies & Interest Capital DebtServices Charges Materials Expense Outlay Principal

1,9425,8057,252

5,500

Utilities

4,000

9,000

50,000

76,468

233,033

PurchasedServices

2,000

12,000

128,202514,000

85,000

Benefits

2,400

273,88912,500

Salaries273,889

12,500128,202514,000

85,0002,4009,0002,5004,0002,000

233,0331,000

76,4685,500

226,774309,657143,888

2,0007,5081,200

10,00048,096

1,9425,8057,252

20,00050,000

254,73310,00012,000

175,000 175,000199,000 199,000

2012Docket 4243

BUDGET$

ACCOUNT NAMEWater Admin SalariesWater Admin Standby SalariesEmployee BenefitsRetiree Insurance CoverageWIC InsuranceAnnual Leave Buy BackLegal AdsMembership DuesConferencesTuition ReimbConsultant FeesPostageFire & Liab InsuranceTelephoneProperty TaxesLegallAdminData ProcessingMileage AllowanceGasoline & Vehicle Maint.Repairs/MaintRegulatory ExpenseRegUlatory AssessmentWaterElectricityNatural GasOffice SuppliesAdditional FinanciaVLegal Services RelateRevenue ReserveSelf-InsuranceUnemployment InsSeverenceTransfer to Equipment Replace

ProjectNumberACCTNUMBER

15-500-2200-5000115-500-2200-5004415-500-2200-5010015-500-2200-5010315-500-2200-5010515-500-2200-5017515-500-2200-5020715-500-2200-5021015-500-2200-5021215-500-2200-5021415-500-2200-5022015-500-2200-5023815-500-2200-5023915-500-2200-5025115-500-2200-5026115-500-2200-5026615-500-2200-5026715-500-2200-5026815-500-2200-5027115-500-2200-5027515-500-2200-5028015-500-2200-5028115-500-2200-5030515-500-2200-5030615-500-2200~50307

15-500-2200-5036115-500-2200-5044015-500-2200-5046415-500-2200-5050515-500-2200-5051515-500-2200-5052015-500-2200-50851Total Administration

13,00069,490

82,490106,215

500

31,706

98,549

40,00010,000

5,0001,000

10,343

33,421

33,421

31,002

5,00026,002

168,793

168,7935,000

281,735

256,33510,20010,200

802,205

256,33510,20010,200

168,7935,000

5005,000

26,00231,70633,42140,00010,000

5,0001,000

10,34313,00069,490

106,215 106,215

Cust Service Base SalaryOvertimeTemp & SeasonalEmployment BenefitsAnnual Leave Buy BackCopying & BindingConferences & TrainingContract ServicesPostageGasoline & Vehicle Maint.Repairs & MaintenanceMeter MaintenanceOperating SuppliesUniforms & Protective GearCustomer Service SuppliesRadio Read Remote reading laptopMeter ReplacementInterest ExpenseIFR EqUipment

15-500-2209-5000115-500-2209-5000215-500-2209·5000415-500-2209-5010015-500-2209-5017515-500-2209-5020515-500-2209-5021215-500-2209-5022515-500-2209-5023815-500-2209-5027115-500-2209-5027515-500-2209-5029915-500-2209-5031115-500-2209-5032015-500-2209-5038015-500-2209-5042415-500-2209-50440 15094415-500-2209-50552015-500-02209-0850Total Customer Service

- 375-

ACCTNUMBERProjectNumber



ACCOUNT NAME

2012Docket 4243

BUDGET SalariesPurchased Internal other Supplies & Interest Capital Debt

Benefits Services Utilities Services Charges Materials Expense Outlay Principal Other

7,323,204 304,100 134,334 42,108 58,648 104,610 294,404

85,000100,000

6,000,000150,00050,000

6,385,000

7,750700

72,735

7,42516,000

58,648

42,108

134,3346,300

258,89728,90310,000

258,89728,90310,000

134,3346,300

58,6487,425

16,00042,108

7,750700

72,73585,000

100,0006,000,000

150,00050,000

294,404 294,404

Supply Island SalaryOvertimeTemporary WagesEmployee BenefitsAnnual Leave Buy BackGasoline & Vehicle Maint.Repair & MaintenanceReservoir MaintenanceElectricityOperating SuppliesUniform & Protective GearChemicalsParadise Pump StationDam & Dike Rehab LVEaston Pond Dam & MoatRIDOH & RIDEM- Reservoir MonitoringAeration- St Mary's ReservoirInterest Expense

15-500-2212-5000115-500-2212-5000215-500-2212-5000415-500-2212-5010015-500-2212-5017515-500-2212-5027115-500-2212-5027515-500-2212-5027715-500-2212-5030615-500-2212-5031115-500-2212-5032015-500-2212-5033515-500-2212-5044015-500-2212-50440 15121915-500-2212-50440 15124615-500-2212-5044015-500-2212-5044015-500-2212-50552Total Source of Supply, Island

15-500-2213-50002 Overtime15-500-2213-50004 Temp/Seasonal15-500-2213-50005 Permanent Part-time15-500-2213-50100 Employment Benefits15-500-2213-50275 Repairs & Maintenance15-500-2213-50277 Reservoir Maint15-500-2213-50306 Electricity15-500-2213-50311 Operating Supplies15-500-2213-50440 Sakonnet River Pump Station Improvemel15-500-2213-50452 Interest Expense15-500-2213-50552 Principal Debt RepaymentTotal Source of Supply, Mainland

4,61715,26413,0002,5257,2004,500

120,189630

152,00022,290

342,215

4,61715,2641'3,000

32,881

2,525

2,525

120,189

120,189

7,2004,500

630

12,330

22,290

22,290

152,000

152,000

15-500-2222-50001 Treatment Plant Salary15-500-2222-50002 Overtime15-500-2222~50003 Holiday Pay15-500-2222-50100 Employee Benefits15-500-2222-50175 Annual Leave Buy Back15-500-2222-50212 Conferences15-500-2222-50239 Fire & Uab Insurance15-500-2222-50260 Rental of Equip15-500-2222-50271 Gasoline & Vehicle Maint.15-500-2222-50275 RepairslMaint Equip15-500-2222-50306 Electricity15-500-2222-50307 Natural Gas15-500-2222-50308 Sewer Charge15-500-2222-50311 Operating Supplies15-500-2222·50320 Uniforms & Protective Gear15-500-2222-50335 Chemicals15-500-2222-50452 Interest ExpenseTotal Station One Treabnent Plant

451,19160,02117,045

280,4985,0004,500

12,687600

7,58425,000

266,32924,250

293,02027,800

1,062354,210

30.9711,861,768

451,19160,02117,045

5,000

533,257

280,498

280,498

4,50012,687

266,32924,250

293,020

17,187 583,599

7,584

7,584

600

25,000

27,8001,062

354,210

408,67230,97130,971

- 376-

3,208,589 520,100 288,210 21,614 188,249 7,882 360,640 227,319 36,375

Other

1,458,200100,000

1,558,200

500

35,000

20,3001,542

169,977

360,640

Other Supplies & Interest Capital DebtCharges Materials Expense Outlay Principal

7,882

InternalServices

158,34029,909

utilities

3,00018,614

PurchasedServices

288,210

Benefits

3,965

461,71837,65716,760

Salaries461,718

37,65716,760

288,2103,9653,000

18,614500

7,88235,000

158,34029,909

360,64020,300

1,542169,977

1,458,200100,00036,375 36,375

2012Docket 4243

BUDGET



ProjectACCT NUMBER Number ACCOUNT NAME

15-500-2223-50001 Lawton Valley Salary15-500-2223-50002 Overtime15-500-2223-50003 Holiday Pay15-500-2223-50100 Employee Benefits15-500-2223-50175 Annual Leave Buy Back15-500-2223-50212 Conferences15-500-2223-50239 Fire & Liab Ins15-500-2223-50260 Equipment Rental15-500-2223-50271 Gasoline & Vehide Maint.15-500-2223-50275 Repairs & Maintenance15-500-2223-50306 Electricity15-500-2223-50307 Natural Gas15-500-2223-50308 Sewer Charge15-500-2223-50311 Operating Supplies15-500-2223-50320 Uniforms & Protective Gear15-500-2223-50335 Chemicals15-500-2223-50440 152379 New Treatment Plant Study/Design15-500-2223-50440 152320 RIDOH- DB Review Assistance15-500-2223-50452 Interest ExpenseTotal Lawton Valley Treabnent Plant

15-500-2235-5000115-500-2235-5010015-500-2235-5017515-500-2235-5027515-500-2235-5028115-500-2235-50339Total Lab

Water Lab SalaryEmployee BenefitsAnnual Leave Buy BackRepairs & MaintenanceWater Lab Regulatory AssessLab Supplies

104,358 104,35864,208 64,208

2,750 2,7501,700 1,700

32,000 32,00018,684 18,684

223,700 107,108 64,208 32,000 20,384

1,596,991 491,468 251,514 35,178 18,762 110,305 146,021 122,623 421,120

81,120250,000

90,000

8,260

26,00070,00030,000

10,0001,761

110,305

18,762

4,00012,43018,748

251,51410,943

418,16152,36410,000

418,16152,36410,000

251,51410,9434,000

12,43018,7488,260

110,30526,00070,00030,00018,76210,000

1,76181,120

250,00090,000

122,623 122,623

Distribution SalaryOvertimeTemp WagesEmployee BenefitsAnnual Leave Buy BackConferencesContract ServicesFire & Liab InsuranceHeavy Equip RentalGasoline & Vehicle Maint.Repairs & MaintenanceRepairslMaint MainsService MaintenanceElectricityOperating SuppliesUniforms & Protective Gear

154158 Water Trench Restoration154117 ForestAvePumpStnlmp

Mitchells Lane meter and PRVInterest Expense

15-500-2241-5000115-500-2241-5000215-500-2241-5000415-500-2241-5010015-500-2241-5017515-500-2241-5021215-500-2241-5022515-500-2241-5023915-500-2241-5026015-500-2241-5027115-500-2241-5027515-500-2241-5027615-500-2241-5029615-500-2241-5030615-500-2241-5031115-500-2241-5032015-500-2241·5044015-500-2241-5044015-500-2241-5044015-500-2241-50452Total Distribution

- 377-

13,500

Other Supplies & Interest Capital DebtCharges Materials Expense Outlay PrincipalACCTNUMBER

15-500-2245-5027515-500-2245-50440Total Fire Protection

15-500-2250-50950

ProjectNumber

154588



ACCOUNT NAMERepairs & MaintenanceIFR Fire Hydrants

Additional transfers to Restricted CapitalDebt Service

Depreciation Expense

2012Docket 4243

BUDGET13,50018,00031,500

1,092,390976,490

2,068,880

Salaries BenefitsPurchased

Services UtilitiesInternalServices

13,50018,00018,000

976,490

976,490

Othe'

1,092,390

1,092,390

Total Water Fund Expend $ 20,293,399

1,092,3908,865,810

254,733976,490612,878

8,491,09820,293,399

20,293,399

2,734,438 1,931,284 477,482 973,406 678,893 687,510

- 378-

1,257,085 612,878 8,616,810 976,490 1,347,123

ACCTNUMBER15-999-9999-4534515-999-9999-4570015-999-9999-4570115-999-9999-4584515-999-9999-4587815-999-9999-4587815-999-9999-4600515-999-9999-4710015-999-9999-4710515-999-9999-4710715-999-9999-4710915-999-9999-4711 015-999-9999-4712515-999-9999-4713015-999-9999-4713515-999-9999-4713715-999-9999-47139

Total

City of Newport2011-2012 DOCKET 4243 BUDGETWater FundRevenues

ACCOUNT NAMEState and Federal Aid

Rental of PropertyInvestment IncomeFederal AidWPC ReimbursementMiddletown reimbursementBond ProceedsSundry BillingsPublic Fire ProtectionPrivate Fire ProtectionMetered Water ChargesBulk Water chargesBilling chargesMisc RevenuesWater PenaltyWQP Protection FeesSale of Surplus EquipmentFrom Restricted CapitalFrom restricted Debt Service

2011-2012PROPOSED

108,1673,900

296,856143,506

7,458,200104,000

1,102,275466,001

7,265,6092,058,3431,208,081

8,60047,50022,500

$20,293,538

1,208,0819,323,9521,568,276

735,02912,835,3387,458,200

20,293,538


City of Newport


To:From:Date:Subject:Staff Presentation:Applicant Presentation: N/A

RECOMMENDATION:

Mayor Stephen C. Walnk & Mem,~ers of the City CouncilJane Howington, City Manager<:l It"11 January 2012 6Award of Bid - Rescue/Ambnlance Class I, Type IIIPeter D. Connerton, Fire Chief

It is recommended that the Conncil award to Yankee Fire & Rescue, Inc., of Palmer, MA, for the purchase of aRescue/Ambulance Class I, Type III as specified and bid in the amount of$145,188.00. Yankee Fire & Rescue, Inc. hassatisfied all of the requirements of the bid and has proven to be the lowest responsible bidder.


The Newport Fire Department seeks to purchase a Rescue/Ambulance Class I, Type Ill, as part of its planned VehicleReplacement Plan outlined in the Capital Improvement Plan. This new rescue will take the place of an aging 2002vehicle which has reached the scheduled replacement age, and should be replaced to ensure the dependability of the FireDepartment Fleet to safely provide Emergency Medical Services transportation.

Yankee Fire & Rescue was one of four vendors to submit bids for this Rescue and is the same vendor used for the lastfour Rescue vehicles purchased by the City. Yankee Fire & Rescue has proven to be a dependable and responsiblevendor for the City. .

PREVIOUS LEGISLATIVE ACTION

FISCAL IMPACT-.XCurrenUy Budgeted (Account 13-190-5000-50440, Activity code 133780) _ Requires additional appropriation_ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionBid TabulationCorporate Information

Finance Dept Review: K Date By: _...,L=..s~_ (if applicable)

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No .

WHEREAS: The City of Newport requested Sealed Bidsfor a Class I, Type III, Rescue/Ambulance, Bid # 12-034.Bids were received on 19 Dec 2011.

WHEREAS: Award has been recommended to the lowest,qualified bidder being Yankee Fire & Rescue, Inc. ofPalmer MA at their (delivered) bid price of$145,188.00.

NOW THEREFORE, BE IT RESOLVED: That the bid ofYankee Fire & Rescue, Inc. of Palmer MA is herebyaccepted at a total NTE cost of $145, 188.00.



Tabulation of BID # 12-034Rescue I Ambulance Class I, Type III

(Fire)

1. Rescue jAmbulance

2. Less Trade Allowance

3. Additional Rebates

4. Delivered Price

5. MDIOffered

Yankee Fire

155,188

-10,000

o

145,188

McCoy Miller 170SE3

Quality Emergency

164,590

-7,000

o

157,590

Osage III

New EnglandFire

177,044

-12,000

-2,500(GM Rebate)

162,544

Medallion III

Bull Dog

178,800

-2,500

o

176,300

Braun XL

Please note: These are only the RAW dollar numbers. No specification or compliance review has been conducted.

Bid Closed: 19 Dec 2012

1

Bid # 12-034

List the Officers of your Corporation or Principals of your LLC, Award can not be donewithout the attachment.

.i

Ked th wa 1katName

Karen WalkerName

Name

Name

Name

Name

Name

Name

Yankee Fire and Rescue INc.COmplete Company Name·

President/Treasurer.Title/OffIcer/Position

Clerk/SecataryTitle/OffIcer/Position

TItle/OffIcer/Position

Title/Officer/Position

Title/OffIcer/Position

Tltle/Officer/Posttion

Title/Officer/Position

Title/OffIcer/Position

..............................Tltle/Offlcer/Posltlon.- ---

50


City of Newport


To:From:Date:Subject:Staff Presentation:Applicant Presentation:

RECOMMENDATION:

Mayor Stephen C. Waluk & M

1bers of the City Council

Jane Howington, City Manage . \t11 Jannary 2012Purchase of Defibrillators/AEDs - Fire DepartmentPeter D. Connerton Sr., Fire Chief

It is recommended that the City Council authorize the Fire Department to purchase (3) (refurbished) Zoll E-seriesdefibrillators, (2) (new) Zoll Pro Semi-Automatic AEDs with four year batteries and two four bay charging stations.These items would be used to replace their current outdated LifePak 10 defibrillators and add two AED's to theirinventory.


The current LifePak 10 devices that are being employed on two of the Advanced Life Support (ALS) Engines and theirReserve ALS Rescue are at the end of their serviceable life and are not compatible with the newer Zoll units. Purchasingthis new equipment will enable the Department to have the same equipment on all of their ALS apparatus which isadvantageous for uniformity of training and more importantly the administering of advanced cardiac care. It will alsoallow the ability to interchange equipment without losing valuable time during a cardiac related patient event. Thispackage also includes the procurement of two Zoll Pro Semi-Automatic AEDs; the current LifePak 500 AED is outdatedand unable to be repaired. The two four bay battery chargers are necessary to properly charge and condition theinventory of lithium batteries, thus extending their service life as long as possible. After conducting research into makingthese purchases, the Fire Department has opted to obtain refurbished units in some areas as they are at a greatly reducedcost, but still able to deliver long-lasting reliable service. In some cases the cost savings is nearly fifty percent. Incompiling this quote the Zoll Corporation has also included additional equipment/accessories totaling of $1200.00.Furthermore, with these cost-effective expenditures it is expected that the Department will be able to reduce futurerequests for Capital Improvement Program funds in this area. The total cost for these purchases and shipping is$33,322.45, which is currently allocated in the Capital Improvements Program.


FISCAL IMPACTl Currently Budgeted (Account 13-190-5000-50440: Activity code 133810)~ Requires additional appropriation__ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionZoll quote for equipmentZoll sole source documentationZoll corporate information

Finance Dept Review: Date By: --£&'-"-~~ (if applicable)

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

CITY OF NEWPORT

RESOLUTION

OF

THE COUNCIL

NO.

the Newport Fire Department in the providing ofAdvanced Life Support Emergency Medical Services to the.citizens and visitors of the City of Newport utilizedefibrillators; and

these tools are a fundamental component in the deliveryof this Advanced Life Support care; and

the current defibrillator equipment carried on two oftheir ALS Engines and their reserve ALS Rescue are nolonger serviceable and are not compatible with theirnewer units; and

their current AED unit is inoperable and beyond repair;and

WHEREAS, they have researched and found thethese tools at a reduced priceCorporation; and

equipment to replacefrom Zoll Medical

WHEREAS, making these purchases will aid in ensuring that theywill be able to continue to provide these vi tal lifesaving services; and

WHEREAS, the monies to purchase this equipmentbeen budgeted and approved in theImprovement Program; NOW, THEREFORE, BE

have previouslyCity's Capital

IT

RESOLVED: the Council of the City of Newport hereby approves thepurchase of the Zoll Defibrillators, Zoll AEDs andrelated equipment by the Newport Fire Department for asum not to exceed $33,325.45.

NEWPORT CITY COUNCIL



ZDLL~jTO; NeWport Fife Department

2fWest Marlborough StreetNewpOrt; RL 0;1840 '

Altn: Paul ~Ipa

GUIDElINI:S2010 READY

ZOLL M~dlcal Corporationworldwide HeadQuarters269 MiIIRdChelmsford, 'Massachus",lls 01~~4-4105

(978) 421-9655 'Main(800) 348-9011(978) 421-0015 Q4slomer Support

FED,EI\A~JD#: 04-2711.626

QUOTATION 1114565 \/:2

I>ATE; Oeoombar 28, 2011

TERMS: Not 30 Days

F,OB: Shipplng',POlnl

FReiGHT: Prepay and Add

ITEM MODEI.iNUMeER OESCRIPTlON

ES"riesPre-owned ALS~QtY, UNIT'RlCE TOfAVRloe

1 80201,7'1 00201-24014 RefUrbished,ESeries;:AcLSManuai'Pefibl11IatQrwtttr~~.Thr~ CPR@. R"~I CPR Helr>lil. Advisory capabllily.1,2~e_~dYin"'.j~~~.p:p~t~m:~ab)ei S~2o(~()fne. 'WlthIOl9oi port), I~,leg''!led ll'luetoolh •NIB" withA.f;l41~~P:llJ.;}1_I,I.U.:.~,n!:l-hp!?~ _~n~_ N9JJ~l'\ya$IY~iP~.p'.iitg,11).~I;yd.e.~;' ,A9:,~?~r,_:p~tl.t.~r, :·~r9.t9c9t~!~t~~_4~:M~·(keJ~ ~.~~G f3-~:C,-09,k-A4l~ '$Y"9'"TfitJl~:~t~})l~pl~¥,~.I~.$.~.E¢(3,:~a,t1~llt"c:a,~I~(:lI~lver,tia.I.OlI.til~i~.r:(I.~h~.rg~~~{eI~!l'cl.acj,~ batter~lt~; ~t?*)};l~;a~Jr,an.$fer-p.p~;e,~p.a,n~~'#Q'Qrry ,Q{I$~~n~",~~ptd'btil)leO(liplpymentSY$tt;lm;.A<}tJPYXir eord.-t~M:' ft.QAAW(:lnr~~~:ns.l~.Il cp,rd;' 91:'.~p~9_kage:()ft.~e()Jde,rR~P9,f~;tW9~CM9.!'-\:~${~·!jIQt@·W,~·OP~Ultor's:ManUal, SIx ,(6) month EMS w.",mly,

$11.795.00 $1't,7$5,00 '*

1a 8000.1007-01

lb 8000- 0294

'1~ 8000- 0298

1~t~pJi:atie~t:,Catile'fQr·1'2"lead .f;:OG',YhhlhnJrleildsa'ndvJeads:f1Qft)

1 $315,,00

$295:60

Inol~d.d

$221,25

$120,00

Includsd

~221.25

$120,00 •

,1111&:fluott1_1$:_made_$UtiJe~t _toZ()LL·._s_t~ildard;tQmO"i~r<:f.i termitand"Qi)nd,ltIQOJ>.(:Z.41.L -ii$, +Q!$.)wt.it;,haecb~pany_ thls::qubU!. ,Ahy,purCti,ljI$'eQr_~el' (P~Q.)"-$lt.~ntrl'~AAn'''tQltlt~-qYc)~ttt.l!m wll!_~4•.$.llUt~,t9l~e6rf!lS_l'at~ Z~LL!-'8+, :;CJlKl\-"ynt()(J,lflc_~tl~~':6U_he Z~~LT'$- '+_:,C1~ 'muSl.b~sGt'_f_ort~~r 're,r~rell(;~(i In theClJst~_1i'_e_t!~·p:.~. __~~to~iri~-r¢j~_'ter.nl.s-or·c~ndltlo~s·,s~~II,'ap_p,I~-tb:the~aleDf~0IStt.a,~r,s~rvlces"16v~rheUbYih!~/q-~.o~~~"d'th,l~it:~~.~me'rl$:t=!!.Q ij".I~ss:'~H~rt6,.II:'tot'~efer~Jj.~~4'~y~ftMr'dOCLimei1t. -

,. P6L1VliRY BAllED \lPON AvAILABILIty AT TIME OF PURQHA'S'E.2, PRICES WILL liE F:O:B, SHIPPING POINT,3, WARMNTY PEfll9D (See a""yeAND At1<lqhmenl),4, PRI.CES QUOTED ARE FIRM FOR 60 DAYs,5. APPLICAB~E TAX, FRE1GHT CHARGES' & ORDER PROCESSING FEES ADIllITIONAL6, A~~ PURCHASE ORDERS ARE SUB.ECT TO CREDIT APPROVAL BEFORE' ACCEPTANCE BY ZO~~,7, PURCHASE ORDER AND QUOTATiON TO BE'FAXED TO ZO~~ CUSTOMER SERVICE AT 978-421-001 5,8, A~~ DIscoUNTS OFF L1ST'PRICE ARE CONTINGENT UPON PAYMENTWltHIN,AGREED UPON TERMS,

I), PLACE YOUR MCESSORY ORDERS ONLINE BY VISlTING www.zollwebstore.c.Om.pag.1

$12.136.25

Pste, MastromaltsoSr. EMS Terrilory Msnage,800-:242-9150, x9878

•••• ,.· h _ _. __ •. ' ••.••••~ ~._ • __ _ •• ,...•

ZDLL~,TO: NeWport Fire Departllienl

21 West Marlborough StreetNewport, RI 02840

Attn: Paul Rlpa

GUIDELI~ES2010rUi OY

ZOLl Medical CorporationWorlthNlde:·HeiadQuarters269 MIILRdChelrMford, M••••chu••tt. 01824-~410S(97a) 421-9655 Main(800) S48,gOU(978) 421-0015 Cu.tom., supportFEDERAl 10,#; 04-2711~i6

QUPTATI,O!IJ 104565 V:2

DATE: Dec~.(11b.r 28, 2011

TERMS, Not 30 Oays

FOB: Shlppln~ Point

F"e'GHT, P'rop.y and Add

•$2,800.00

$15,000.00-'TOTAL·ProCE

'$7;500.00

$1.400.00$1,820,002

2$1o.a36.ooOESCItIPTtON -

R~f~~~i:sh~(fe:$.er~t!.4,Ar¥p..~th:N9IJf~Vl;l$iV~P>a.oJng;'In(ll~#~~:: ,M1,\.nl,l.l!lI.:Qv~.r,ld9._~-C.PQW~,f{,~int~,(; PJ,~*~C,I?,IA.sist Code~rkelS and GP!! clQckAulo Sync, ;"(\lodeoisplsy, ~·I••d EpGpallent o.ble, unlve,sal o.bl$, 2~Nl~rM.a,p.!.~",~QJ~(;n~.e,d:~cid·:Mu:.,ri~~n R;:l2~Z"dlil~~""~(t\~$f~r D.~.tti' Rl,lgg~,~f$Qfte~~'¢a"Y:Qaij,~:a_n~_:'R-~JlI.cJ'9abl~:.oepllJYJ:lle.rJt$y'6t~m,AQ,·JlQV'!er,.t;Ord, t~~;Ar;;ex.t~[l$i()n.etlbl~.,on&,pa,9:k8!:l:~:,p.f,i:$C(lr~rpapen~·~'POMP'"'~iot$. ppera~~r:$Jy'anlJttl,al1dtita;nd~rd six(6)m(o'etH.watraoty',for EMS"use'.

8050.0030- 01- 66 RefUl\ll$llelisurePower"'ChargingSflltion'4 Charging'bays

• MuWpla'chemislryoomp.libla.~200,w.tlcapacuy

.GtQ.Pttl¢'~:tiy~~ ys~ritl1,~J'f~cre'• RS,232 communication pO(l

80100010010164013

3

2

4 9,1),11 Q4P0499JHHl)1'(l ~~pe(q $~.ni·~4t,o ~rily,Jo,,!~d~.~~ f#{)<;k!ilJ..9J)c$"ff3eO"~qft,(;alTY o~,s~!,rl,lgg~.dl)v~r-lT}()14~.tf.~l:fJe,t'ho:\,-slng.

,'multi},fl:atient--lrit~trtaJm~I)'\O'Y,lfPAPQ.it:i:f?pOJ3t9rgHldo~fi~~«($1.9i!t:lttlJctory.walTal1ty;',lh'W1ltedllfe:tiitie'outerh'tfLlsh.1fj:wal"ranty: ..

$3,500,00 $2,726,10

5 $160,00 $117.00 $234,00 •

6 01 SC ZO~ CuslQmer Loy.lty D~ISC1Oun,t 1 $0,00 ($1,500,00) ($1,500.00) •

~hls:[tLiotels"madesUbJe~t~O:·ZOL~·astanijard.commertJaltetf11tfftnd:~Qnditj~n$ (icn,.Lt~"C.·$)·Whlctaacc0niP'IIt'W:this quote., Any:~UI'C!.h~!tfortl&t,(P.O.~ISlJUed In te$pons:e:t(fthls;quotationWIlI:1m deemed toInt-oiptirate2:0LLT's+ c's:A'rtY,mtitllflcldlon:oUhE!:'ZOLLrs·.'tJ·s':mUst,be:JiEliUOi1h'Ofrefeitel1c«!dln the

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1. DEbJVERY!3ASEo UPON AVAiLABILITY 61 TiME OF PURgH{!SE.2,PRICEBWlll BE F,Q,B, SHIPPING POINT, ~3. WMRANTY pERiOD (Bee o!10Yo ANP,A,tl.chmant),4, PRICES QUOTED ARE F1RM FOR 60 DAYS,5, AppbleABLE TAX. FREIGHT CHARGES & ORDER PRaCESSING FEE!! ADDITIONAL.6, AlL PURCHASE ORDERSARE SUBJECT TO CREDIT APPROVAl, BEFORE ACCEPTANCE BY ZOlL7, PURCHASE ORDER AND QUOTATION TO BE FAXED TOZOll CUBTOMER SERVICE AT 978-421-0015.a, ALL DISCOUNT!! OFF blST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS,

9, PLACE YOUR ACCEBSORY ORDERB ONliNE BY VISITING www.zollwebstore.com.Pelle ~

$~4,122.45'

Peter:MastrortfatteoSr, EMS Torrltory Mon.ger800-242.e150, x9878

6UIDEl..lNES2010 READY

TO: Newport Fire Department

21 Wast MerJboro~gh StreetNewport, Rl02840

Alln: Pa~1 Ripe

ZOLL Medical CorporationWorldwide H••dQu.rt....269 MlliRdChelm.stord. M...aGhusetts 01a24-4~0J;

'(916) 421-9555 M.in'(aOO) 348-9011(978) 421-01115 'Custom.r SupportfEDERJ\L 10#: 04-2711525

Q\.lOTATlON 104565 V:2

DATE: Decembe.. 28, 2011

TERMS: Net 30 Days

FOB: Shipping Point

FREIGHT< p',epay and Add

ITEM MOQELNUMBER7 7800- 0125

8 8050- 9901 All tOLL Chargers Tred&-ln

,lOoT(ad,tHn.VaioEfvttlid :Ifalruritts:Purl;b1t$A&a:t~ 'lh-,gOQdo'pe-~tI()nal~~nd'co$fil'etl<f:conditloJJ(:~ntd'illcfu~e'an'sta'ndal'da~ss()rles/sue:h"86, paddlel'>j;oabl~s.' ~tc,

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A~'cept~~be"()f:'~~:otder:foi'~efutbished Eqi.itl)tneht~jscontingent,upon product ilvaUabiUty at tlrne:of order,

Ordef'sare::fllhHf"one: firs:f cO'rile-,Jirsf j'ei'Ve ba'sls:.

3

2

($300.oo) ($900,00) ..

($100,00) ..

fhlsqUQ.t,~'.I$JJl~de.6~bJ.~~t(Q'iQ~lN;'stllodaf,((~Qmmer~j,~.I·te,m8.'anJl::~~"~.!ttom~'(~~""~tl~-,+d!~jw6'ich~cc()mp~nY~~1!J;:9~Ptj).. ~!lY·Pllr~,ttas,e,or#!!'r(P!Q,,)-~$~W~~lrfre.sPP'paft·t9::1~1$,q!J~~,tl'm WIIIl:J,e,~~~~~,!,~In:c,Ol'P{m~t~ :tQI..t.,T'$ +' Q.'.$, Ai'lY, madlflcl,\liQn'a,f ~h~X()l,~, "8,'+:Q'$mU,fit J):e'set:tQrttrorr~erence4' In thetU$tom'er'$'P~O; No.to"1itiet¢latJ~t'm$or.t::ontlltIQj1$JihaU:"PP!.Y.'t(nh~)~lil~:6f,~,t)od$~r ~.~niJees, gov~;na.(jbythl$:qUote:and the,cust()merjs·p.O'.uriless-s:eH()rlhJn'bt'~eftnen'Ced',bt'eIther<focUment;

j. DELIjIERy lIASED ypar,} AVAII,/!BILlTy AT TtMil Q~ I'UacljAli!;.2. PRIGES IMll. BE f.O.B. SHIPPiN<:l POINT, .3:-WARR,ANTY PERiOD .(See a!>ove AND Allaphih.nl).,4. PRIGES QUOTED ARE FIRM FOR 60 DAYS.5, APPLICABLE TAX; FRE)1lflT CHARGES & ORDER PROCESSING FEES ADDITIONAL.6, All PURCHAsE ORDERS ARE a.UBJECT to CREDIT APPROVAL BEPORE AGCEPTANCE BY lOll.7, PURcHAa!i·.ORDER AND QUOTATION TO BE FAXED TO lOll C.USTOMER SERVICE AT 978-421-0015.8. ALL DiSCOUNTS OFF ljST PRICl', ARg COt'lTINGEl'lT UPON PAYMENTWI1HIN AGREED UPON TERMS,

9. PLACE YOUR ACCgS80RY ORDgRs ONLINE BY VISITING wwW.tollwebstore.com.- . Pa,9B '3

TOTAL '---""$3"'3.L:.1.::;22=.o.4"'5'-......J

Peler Mastrom_lteoSr, EMS Territory Manager800-242-9150, x9818

ZOLL

Paul RlpaEMS' CoordinatorNewport Fire & RescueNewport, Itl

Dear paul,

ZOLL Medical CorporationWorldwide. Headq~arters269 Mill RoadChelmsford, Mass.achllsettS 01824·4105

'.!'!JanUary iQf·~.01~~Q"'''' WiUdell'll'e.r1till....lumb~tte!Je$iQut .of my d~mo

Invent~tYallowanceat$O.QOiota thteeyear trlal of this neWtechl'lole)gy.ThesetlatterleswiUfit the 2:01.1. is-series <1$, well .alli.the .AEDPROunlts, antithese.batte'rle$ wUl Ifekept bVNewPiQrtFlre When thhttrial ciQmp:lete$ In201S.Thesetlatte..ietil will have a$tandardo.ne Veal' WarralltV_In IIlle mallner to,lmp..ove the e¢gt"a*in9$a"dna*l..g$t",.()~ghtlled~1ibpads,ZQLL WUIsUpply$1,2C)C)of disposable's fOrtheperiod2Q12"2015. Thepurpose will be to trial with an ALL ze)L.I.$olutlon and hnprovethertl$u$citatlon outcomes. iQ'victlms. iQfcardhtcarre$t hltlle NewpiQrlar:ea.The$edl:Spo$abl~li.wlII. IQclude In any varietyApbal1dli., PaclQg(defib Pads,Iimdelectrc:ides.·Q'Alnfol'matIC>l1Conce.....lri9the ~Q"'LPl'odu¢t$ will becommunicated back to zoLi. and .fany Improvemtlnt$ can be made ;l'dZOLL'$ end this win occur.

SIQcerely,

Peter M. Mastromatteo

ZOLL~

December 22,2011

Newport Fire Department21 West Marlborough Stt"eetNewpOlt, Rl 02840

To Whom It May Concem:

269N;RRMQQleh~!Qrd; ,\t.W.J.:l\:h0f.e~t$ (J IS 1i!;410S

w'g 'Ii? l'9()~'i.~t. (rlk1,luJvI8·f.} H),JL.S,'II<~~!

v"V"'1,'lrdl-mm

We appreciate your selection ofZOLL®.products for Newport Fire Department ThisJetter serves $:conflrml\tlon thl\tZOLL® Medic!\! Corporation at2<?9 Mill ROl\dinChelmsford, Massachusetts, is the sole manufacturer and source ofRefurbished ESerles® Defibrillators an'd New ABO' I'ro®Defibrilllltors forthe EMS Market. ZpLL®or Petlir Masttomatfeo, Sr. EMS Ten-itotyMti!1ager, will not sell aRefurbished E. Series®Defibrillator Of'a New AED Pro® Defibrillator to Newport Fire pepartmenf through anyvendor9r dealer:

Should yOU have arty questiotls or require additionll1 itlformation please contact me at800-348.9011 x 9568.

Sincerely,

Elizabeth McCaugheyContracts & Bids Manager

ZOLL MEDICAL CORPORATION

Corporate Executive Officers

Richard A. Packer Chairman & Chief Executive OfficerZOLL Medical Corp.269 Mill RoadChelmsford, MA 01824

Jonathan A. Rennert PresidentZOLL Medical Corp.269 Mill RoadChelmsford, MA 01824

A. Ernest Whiton Vice President ofAdministration & Chief Financial OfficerZOLL Medical Corp.269 Mill RoadChelmsford, MA 01824

Jolm P. Bergeron Vice President & Corporate TreasurerZOLL Medical Corp.269 Mill RoadChelmsford, MA 01824

Ward M. Hamilton Senior Vice President, MarketingZOLL Medical Corp.269 Mill RoadChelmsford, MA 01824

Steven K. Flora Senior Vice President, North American SalesZOLL Medical Corp.269 Mill RoadChelmsford, MA 01824

Edward T. Dunn Vice President, OperationsZOLL Medical Corp.269 Mill RoadChelmsford, MA 01824

Alexander N. Moghadam Vice President, International OperationsZOLL Medical Corp.269 Mill RoadChelmsford, MA 01824

ZOLL MEDICAL CORPORATION(CONTINUED)

Stephen KornZOLL Medical Corp.269 Mill RoadChelmsford, MA 01824

E. Jane Wilson, Ph.D.ZOLL Medical Corp.269 Mill RoadChelmsford, MA 01824

Board of Directors

Richard A. Packer

Thomas M. Claflin II

Daniel M. Mulvena

James W. Biondi, M.D.

Benson F. Smith

Robert J. Halliday

Lewis F. Rosenblum

John J. Wallace

Vice President, General Counsel & Secretary

Vice President, Research & Development

Chairman

Director

Director

Director

Director

Director

Director

Director


City of Newport


To:From:Date:Subject:

Staff Presentation:

Mayor Stephen C. Waluk & Members of the City CouncilJane Howington, City Manage~\tJanuary 12, 2012 _0Authorization #5-Professional Services as City Advisor for Water TreatmentPlant Improvements- Project #08-028Julia A. Forgue, Director of Utilities

RECOMMENDATION:The Department of Utilities recommends Authorization #5 to the contract for Professional Design Services as CityAdvisor for Water Utility Strategic Options and Delivery ofImprovements to Water Treatment Facilities (#08-028) withCDM Smith, Inc. (formerly Camp, Dresser, and Mckee, Inc.) Providence, RI in the amount of $3,846,000.00. It is alsorecommended that the term of the Contract and Agreement be extended to December 31, 2015. Funding for the WaterFund project is from the Drinking Water State Revolving Loan Fund (SRF) borrowing with the RI Clean Water FinanceAgency.

BACKGROUND AND FINDINGS:In 2004 the City conducted a comprehensive evaluation of the two water treatment facilities with respect to maintainingcompliance with current and future drinking water regulations. The February 20, 2004 report proposed plantmodifications for both the short and long term. The long term recommendations are to construct a new plant to replacethe existing 1942 Lawton Valley plant and to install an additional pretreatment! clarification train and miscellaneousimprovements at the Station I plant. In accordance with Consent Agreements with the RIDOH and RIDEM, the goal isto have a new Lawton Valley Plant on line by the end of2014.

Recognizing the extensive financial and technical management responsibilities for implementing these capitalimprovements, the City in 2008 through a competitive process selected CDM Smith to provide professional services infive (5) phases as the City's Advisor for strategic options and project delivery alternatives for the long termimprovements at the water treatment facilities.

Phase 1: Part 1A- Utility Ownership/Governance and Project Delivery Strategy and Part 1B-Water TreatmentPlant Delivery Strategy.:The Council Resolutions for Part IA and Part lB approved continued City ownership of thewater utility and a single PerformancelDesign Alternative Design-Build (DB) procurement for the water treatment plantimprovements, respectively.

Phase 2: Utility Financing. In Phase 2 CDM Smith is providing a range of financial consulting services to assist in theselection of the most advantageous DIB proposer and financing for the project. Services which have been funded will beprovided from the development of the RFP for the DIB project through the fmal financing transactions.

Phase 3: Engineering Stndies and Technical project Development. CDM Smith provided the City with a detailed setof tasks to address all engineering and design issues related to the Station I and new Lawton Valley Plants. Majorcomponents that are critical to the development of clear and complete engineering evaluations and technicalrequirements include establishing water demand and supply (Safe Yield) for water treatment plant design; siteassessment and site selection for the new Lawton Valley plant; pilot testing at both plants to establish the availableprocesses to treat water from multi-reservoir sources; geotechnical evaluations; permit planning; and definition oftechnical project development (quality/performance) requirements.The remaining Phases of the City Advisor Contract are:

Phase 4: Procurement Documents and Process. In Phase 4 CDM Smith is providing the City with a detailed set oftasks to assist with a single DIB procurement process for the Station I improvements and a new Lawton Valley plant.These tasks include the preparation of the RFQ and RFP documents; support to legal counsel in preparation of the D/Bcontract; and assistance in conducting the procurement process and negotiations of the final DB contract.


Phse 5: Monitoring of Contract Award. In Phase 5 CDM Smith will provide monitoring of the DB Contractor duringdesign and construction through close out of the project for the City in order to assure compliance with contractdocuments.

Several of the tasks in Phases 2, 3, and 4 proceeded concurrently as part of Authorizations #1, #2, #3, and #4. The statusof the Tasks awarded with previous authorizations is as follows:

• The Request for Qualifications for interested firms for the Design Build project was advertised April 15,2009• Five (5) firms submitted qualification statements on June 30, 2009• Two (2) seasons of pilot testing was completed. An additional phase of pilot testing for advanced treatment

processes was also completed.• The preliminary siting and environmental assessment have been completed for the new Lawton Valley Plant.• The enviromnental assessment was completed for the Station I Plant• The RFP was prepared and issued to the three (3) prequalified firms in November 2010.• Two workshops were conducted with each firm to review the RFP; tours were conducted at each treatment

facility; 8 addenda were issued for clarification and/or to respond to specific questions.• Three proposals were received on May 25,2011• Preferred provider selected in October 20II• Negotiations for the recommended Design Build Contract completed January 2012

Authorization #5 includes reallocating unused funds from Phase 4 to Task 4.10 and funding for work on Tasks of Phase5 through close out of the project in 2015. The tasks to be completed as part of Authorization #5 are detailed as ExhibitA and summarized as follows:

Phase 4 (Tasks 4.10) CDM Smith will provide ongoing contract/administrative support during the construction phasewith issues regarding interpretation ofthe contract, RFP requirements, warrantees, guarantees, etc.

Phase 5 (Tasks 5. L 5.2, 5.3, 5.4, and 5.5) CDM Smith will work with the City and the DB Contractor to implement thenew water treatment facilities. They will oversee the development of the final designs to assure compliance with theCity's interest, goals, and objectives. They will monitor the Contractor's construction activities for conformance. Anallowance for MBEIWBE snbconsultant's is provided for conformance with SRF borrowing requirements.

Funding for the work in Authorization #5 is provided with the borrowings from the RI Clean Water Finance Agency aspart of the Drinking Water SRF loan.. A portion of the debt service for the borrowings for the Treatment Plant Project isincluded in the multi year rate plan approved by the RIPUC in the Order for Docket 4243, December I, 20 II.

PREVIOUS LEGISLATIVE ACTIONResolution # 2008-40 - Approval ofContract 08-028Resolution # 2008-121- Approval of Phase IAResolution # 2008-169 - Approval of Phase IBResolution # 2009-11 - Approval Authorization #1Resolution # 2009-113 - Approval Authorization #2Resolution #2010-10 - Approval Authorization #3Resolution #2010- 70 - Approval of Advanced Water Treatment AlternativeResolution #2011- 095 - Approval Authorization #4FISCAL IMPACTl Currently Budgeted (Account 15-500-2223-50440) _ Requires additional appropriation _ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionAuthorization #5 to Contract 08-028 with attacltments (Exhibits A-C)

Finance Dept Review: Date By: --e)..-,,-__ (if applicable)

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No .

RESOLVED: that Authorization No. 5 to theContract and Agreement forProfessional Services for CityAdvisor for Project Delivery ofWater Treatment PlantImprovements (#08-028) betweenthe City of Newport and CDMSmith, Inc. is hereby approved ata cost not to exceed$3,846,000.00 and the term of theContract and Agreement isextended to December 31, 2015 andthe Mayor is authorized toexecute said Contract andAgreement Authorization, uponreview by the City Solicitor, onbehalf of the City.

IN COUNCIL

READ AND PASSED


Authorization NO.5 toAgreement Dated March 31, 2008

CITY OF NEWPORT, RIAUTHORIZATION NO.5

This Authorization No.5 is made and entered into this day of 2012 tothe Contract and Agreement between City of Newport ("City") and CDM Smith Inc. (formerlyCamp Dresser & McKee, Inc. as defined in the Agreement) ("Consultant") dated Mal'ch 31, 2008("the Agreement").

WHEREAS the City and the Consultant entered into the Agreement for Professional Services forCity Advisor for Project Delivery of Water Treatment Plant Improvements; and

.WHEREAS the Exhibit A, Paragraph III of the Agreement provides that after the strategy fordelivering the project is selected by the City, it is anticipated that services under subsequent phasesof the project will be awarded by contract authorization; and

WHEREAS Amendments No.1 and 2 and Authorization No.4 were for partial funding of ti,einitial project work tasks based on available funding; and

WHEREAS the City and the Consultant desire to authorize the scope of work, time periods ofperformance, and payment for the remainder of the project tllrough the constl'Uction andoperational phases; and

WHEREAS the Agreement provides that any autllOrizations shall be valid only when expressed inwriting and signed by the parties,

NOW THEREFORE, in consideration of the mutual understandings and agreements herein, theparties agree to authorize work under the Agreement as follows:

1. The Scope of WOl'k under this Authorization No.5 includes services required under Phases 4and 5 as follows:

The detailed scope of work was originally provided as Exhibit A to Amendment No.1. ThisAuthorization No.5 refines and authorizes ti,e scope of work for several tasks, as set forth inExhibit A.

The specific portion of the scope of work authorized under Authorization No.5 is limited tocurrently available funding and shall include only those tasks as itemized below:

Phase 4: Design-Build Procurement Documents and Process

• Task 4.5: Conduct RFP Process (scope revision and cost reallocation)

• Task 4.10: Ongoing Design/Build Contract Administrative SUppOlt (new task; noadditional funding)

I'age I of 3

Authorization No.5 toAgreement Dated Merch 31, 2008

Phase 5: Design Document Development and Contractor Performance Monitoring DuringConstruction and Operations

•

•

•

•

•

Task 5.1: Services During Development of Design Drawings and Specifications

Task 5.2: Services During Construction Phase

Task 5.3: Services During Operational Phase

Task 5.4: Project Management, Schedule and SRF Funding Assistance/Coordination/MBE

Task 5.5: Part-Time Resident Inspection Services

2. The Schedule for the work referenced in Paragraph II shal! be as follows:

The work authol'ized under Authorization No.5 shal! be done in accordance with the scheduleidentified as Exhibit C - Authorization No.5 (attached), unless the schedule is adjusted asmutually agreed between the City and the Consultant.

3. The Term of Agreement referenced in Paragraph 1lI shall be amended as follows:

In the first sentence, change March 31, 2012 to December 31, 2015.

4. The Payment referenced in Paragraph V shall be as follows:

The City agrees to pay the Consultant for work authorized under Authorization No.5 the not toexceed lump sum fee of $3,846,000 in accordance with the Fee Schedule identified as Exhibit B Authorization No.5 (attached).

rage 2 of3

Authorization NO.5 InAgreement Deted March 31, 2008

IN WITNESS HEREOF, the parties hereto have caused this instrument to be signed by their dulyconstituted officers, attested, and sealed pursuant to proper resolutions.

By: _

Party of the First Part (Signature)

Witness

Witness

Approved as to Form By:

Joseph J. Nicholson, Jr., City Solicilor

By: _

Stephen C. Waluk, Mayor

Party of the Second Part (Signature)

Carol A. Reg<>, P.E.. Vice President

(Printed Name and Title)

Poge 3 of3

Exhibit AAuthorization 5 to the Scope of Work

The following items describe the changes and additions to the scope of work.

Page A-1 of 7

Exhibit AAuth'orization 5 to the Scope of Work

Phase 4 - Design-Build ProcurementDocuments and Processl'U1\ds remaining from Task 4.5 are being reallocated to a Task 4.10 for Ongoing Design/BuildContract Administrative Support.

Task 4.5 - Conduct RFP ProcessThis task was originally included within Authorization No.4. All scope items were completedutilizing the allocated budget with funds remaining. A credit has been provided to reflect this,as shown in Exhibit B. These remaining funds are being reallocated to a new Task 4.10, detailedbelow.

Task 4.10- Ongoing DesignfBuild Contract AdministrativeSupportCDM Smith will assist the City with its dealings with the Design/Build Contractor regardingexecution of the Project and the application and non-teclUlical administration of the terms andconditions of the final Design/Build Contract. Such assistance may include (but is not limitedto) interpretation and application of specific language of the Design/Build Contract andappendices to circumstances arising during the COUI'se the permitting, design, construction andacceptance testing of the Project, review of requests from the Design/Build Contractor forchange orders or other adjustments to the Fixed Design/Build Price or the Project Schedule, andpreparation and negotiation of change orders.

Page A-2 of7

Exhibit AAuthorization I') to the Scope of Work

Phase 5 - Design Document Development andContractor Performance Monitoring DuringConstruction and OperationsThe Consultant will work with the City and the Design/ Build Contractor to implement the newfacilities so they meet the City's interests, goals and objectives as developed and detailed in theRequest for Proposals during Phase 4, including all technical and schedule contractualrequirements. We will monitor the Contractor's construction activities for conformance with theproject contl'actual requirements, as wells as environmental and other agency commitments andstipulations such as permits, SRI' requirements, etc. An allowance for work of MBE/WBEsubconsultant(s) is included in the budget for Phase 5 to meet a goal of 10 percent.

Task 5.1 Services during Development of Design Drawingsand Specifications

a. Review the initial Quality Management Plan and quarterly updates (Vol. me, Section1.2.3); Document Submittal Protocol (OSP) (Vol. mc, Section 2.2.1); and qualifications ofthe proposed testing firms (Vol. mc, Section 1.4.4.1 and Section 2.2.4.3).

b. Review the Basis of Design Report with drawings and the 60%, 90%, and 100% designpackage submittals including plans and specifications (Vol. mc, Section 2.2.3).

c. Attend bi-weekly design package review progress meetings (Vol. mc, Section 2.2.3.4).

d. Provide permitting coordination/ assistance to facilitate permit approvals.

Task 5.2 Services during Construction Phasea. Attend monthly Construction Progress Meetings (Vol. mc, Section 2.1.1).

b. Attend weekly construction meetings (VoI.IIIC, Section 2.1.1).

c. Review construction shop drawing submittals, samples, and other product data forconformance to the design concept and DB contract (VoI.IIIC, Section 2.2.4).

d. Provide specialty (discipline) site inspections (e.g., instrumentation and control,electrical, structural, architectural, mechanical 01' other as required to address specificneeds).

e. Respond to Requests for Information (RFl's) and Potential Change Order (PCO's)requests (in coordination with work under Task 5.5.a).

f. Review the contractor's monthly construction schedules.

g. Attend equipment Factory Witness Tests.

Page A-3 of7

Exhibit AAuthori~ation 5 to the Scope of Work

h. General Administration (includes record drawing status checks, monthly conh'aclorpayment recommendations, invoicing with report).

i. MBE Subcontractor - Furnish clerical administrative assistance.

j. MBE Subcontractor - Allowance for supplemental specialty materials testing services.

k. MBE Subconh'actor - Furnish monthly photos of construction progress (paper andelectronic).

Task 5.3 Services during Operational Phasea. Review preliminary Testing and Startup Plan and comments of the independent WTP

specialist and the resulting draft Testing and Startup Plan (Vol.lllC, Section 1.4.8).

b. Review preliminary Operations and Maintenance Plan and Transition Plan andcomments of the independent WTP specialist and the resulting draft O&M Plan andTransition Plan (Vol. mc, Section 1.4.8).

c. Review Training Plans (RFP Appendix R, Part 1.4.2).

d. Review equipment/system performance testresulla.

e. Pl'Ovide water quality analyses recommendations and assessment of the results achievednecessary to meet applicable drinking water standards.

f. Prepal'e an initial and final set of Standard Operating Procedut·es.

g. Provide "as-l'equested" supplemental operator training.

h. Pl'ovide "as-requested" operational assistance during the initial 6 months of plantoperations.

i. Provide "as-requested" O&M advisory services through the last 6 months of the oneyeal' warranty pedod.

Task 5.4 Project Management, Schedule and SRF FundingAssistance/Coordination / MBEAs work is completed in Phase 4, Pl'Oject Management activities needed to continue dUl'ingconqtruction have been included in Phase 5. COM Smith's project manager will establish fonnalprocedures to ensure effective project communication with the City and among the variousmembers of the COM Smith Team. These include monthly progress meetings between membel'sof the Oepal'tment of Utilities Water Division staff and CDM Smith Team during Phase,5 of theproject. The meetings will review status of key issues, progl'ess on the previous month'sactivities, discuss decisions requil'ed of the City and plan activities for the upcoming month,and detailed billing summary reports. CDM Smith's project manager will prepare the agendafor each meeting and provide meeting minutes describing actions taken and required.

Exhlbff AAuthorization 5 to the Scope of Work

CDM Smith will provide updates to the schedule as needed to assess project progress. We willwork with the Director of Utilities, stakeholders, and agencies to identify project drivers,constraints, milestones and schedule requirements that may be associated with permitting, stateregulatory agency reviews and inputs, financing and procurement activities.

Task 5.5 Part-Time Resident Inspection Servicesa. Part-time resident inspection services will be provided to monitor work progress, review

monthly contractor payment requests, provide RFI & pca response input (incoordillation with wOl;k under Task 5.2.e), monitor material and equipment compliancewiti\ the approved contract documents, monitor field testing performed, assist inconstruction problemlconflict resolution efforts, and review and verify punch listcompletion (Vol. mc, Sections 1.5.1, 1.5.2).

b. Part-time MBE resident inspector to assist in the resident inspection efforts describedabove.

PageA-50f7

Exhibit BFee Schedule

ExhibitBAuthorization N\). 5

Professional Servlces .as City Advlsorror Water Ub1ity StrategiC Options and Delivery of WaterTreatment Fadlities,. Project 08-028

""_00"labor~andHourlv Ratel1l

Project Total COStsOirector and including

TechnIcal p- sen'" - Sl2!f CADO Disdpline Admin. 5enior~t LaborwithI <ni.o.iisis. :·Mana~ En~"". en~lneer .. :. En":Tneer...' '..tJeSI , fti..lneetS . S"~ Consultant Markup and

~·.::$82.46;...... : ~"se:oo::~: : .$46.31.;; ·.:$36.OS·::· ...:$33.-60.:.', ...,$75.00, ..$311.00 $88.61

4.1 .. ~~forQuaf.fi~ . . ' .• ~ -4.2 ConductRFQProcess4.3P are RFP Vcrume i4.4 rt Draft DB Con1Jact:.5 ConductRFPProcess -146 -'1JJ7 -177 -127 -113 0 -.,1 -7S -131 -1327 SO fi5"6Ofiiii

4.6 SUtloort. DB Contract: N4.7 Coordiriate ProcurementTeam4.8 Prepare !rISk ReEisb!r4.9

act_ment;fScheduleIMBE

.10 Desl uitd Contract AdminIstrative $uDl'lOrt 146 2<" 17 127 113 0 ." 7S 131 l327 $0 $zro.OOOPhase4Total 0 0 0 0 D 0 D 0 0 0 $0 $0

'"'"

Raw salary ;ate

Marfcup Is 3.10 for Office ServiC15

a·nL~carol A. Rego,P.E. ~VICe President

CDMSmlth page 1 of3 Fee $i:hedule

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Professional.seMce$ as City Adlltsor fof"YlaterUtmt'f StrategIcOptfonsand Den-rycrfWiller Treatment fadlltJes, Project 08-02:8

.............U.bOt~anClHouny~

$3,846.$S330l1J$ll2,S9O

W~fV;'l:~~~~j20,920

20,920

",,'t¥.$'

Total CuSt:slndudlng

......-j I I SUb- 1-'''''. Tal:ill Hours Wenses ttmtradors ~ofeMa:mriz~~;r~-i!:¥1ft~?(:r,§>~~~~:;:;:~

3~10

~70

senIOr...Engineer

~':;m::;

...... ,9"48

senior

~M'"·SU ' c:omuttmrt:;,·$30;00:';';:,: $8.51~. ·1·:

.rw"1.

2,2Q<;~

",'.

W"",,>1E:1.730

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':"'" ' .. ,

Stoff 0llM.En . S.::$33.60 _. . ..' $7.5JXl

:'0: . . :..:.,..0 0

2.5523,2,:1.454AUTHORlZAllON NO. 5 TOTAL

::

:\f.~,~i:'~:,:;)'.:.~,Z'~.l;;;";~..~iitf5.7:.'51J~:i"~,t;;i0:mw~~%"'j;?~W~~T'-:~':'2

Project0;..-.""

'~~~:';""-"7,C~c;,,",,;,,,,;~?,.;,,,,,~:~fJ~E:),= ,~,

~ Raw salary rate

~ Martup is 3.10 for Office 5ervlces atId 2.S for Field Sevices

,..........'~ Regel, P.E.Vice PresIdent

~,-",.."j8,

CDMSmith Page30f3 fe@Sd>edtll,

Exhibit CSchedule

ExhibitCAuttlorizatlon No. S

Professional ServIces as City Advisor forwater UtiHtyStrategic Options arn:li Delivery of water Treatment Fa'Cifities. Project tm-028

Projec:t Sd'ledull!

." ~

.1 Request for Qualffieations (completed)

.2 Conduct RFQ.Process (completed)

.3 Prepare RFP Volume I (completed)

,.4Support Draft DB Contract (completed)

14.5 Conduct RfP Process (completed)

4.6Support DB ContTaCl: Negotiations (completed}

4.7 Coordinate PrOC1)rement Team (completed)

;4..8 Prepare Risk Register (completed)

14.9 Project Management and Sd'tedule {completed}

14.100ngoing DesignfBuild Contract Administrative Support

5.1 GeM:ral Office services During Design {LV & Station I}

5.2 General Office Services During Construction (LV & Station 1)

5.3 OperatIonal Phase Servlces ltV & $t<Jtlon 1)

5.4 Project Management (LV &Station 1)

'5.5 Resident Inspection Field services

Based on start date ofMarch 1,. 2012~As requested by City

CDM Smith

"'::~':.:: ::..~.,.

Page 10ft

' ..:2014

Authorizati()fl 5 Schedule

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

RESOLVED: that Authorization AmendmentNo. 4 to the Contract andAgreement for ProfessionalServices for City Advisor forProject Delivery of WaterTreatment Plant Improvements(!t08-028) between the City ofNewport and Camp, Dresser, andMcKee Inc., is hereby approved ata cost -not to exceed$1,498,886.00 and the term of theContract and Agreement isextended to March 31, - 2012 andthe Mayor is authorized toexecute said Contract andAgreement Authorization, uponreview by the City Solic;i.tor, onbehalf of the City.

IN COUNCIL

READ AND PASSED

") )THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No...~.~.~.~::~~.

Page 1 of 2

WHEREAS, the City of Newport awarded a contractto CDM, Inc. for ProfessionalServices as City Advisor for WaterUtility Strategic Options andDelivery of Improvements to WaterTreatment Facilities pursuant toResolution #2008-40;and

WHEREAS, the City of Newport approved thePhase 1-A report's recommendationthat the City retain ownerShip of theutility and the Phase l-B report'srecommendation that the City proceedwith a single Performance/DesignAlternative Design-Build (DB)procurement with continued Cityoperation for both Station No.1 andLawton Valley Water Treatment PlantImprovements and

WHEREAS, CDM has proceeded with the workassociated with Phases 2, 3 and 4tasks including the comprehensivepilot testing for the purpose ofevaluating suitable treatmentprocesses for the improvements to thewater treatment plants, and

WHERAS, The results have identified challengesand issues with options for treatmenttechnologies to be considered for theDesign Build Proj ect. NOW THEREF'OREBE IT

) )THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No. ~~;J;?~.??...

Page 2 of 2

RESOLVED: that the recommendation for theinclusion of advanced water treatmentalternative in the Design-Buildprocurement documents for bothStation No.1 and Lawton Valley WaterTreatment Plant Improvements isapproved and the commencement of workto complete the additional pilottesting as part of the contract withCDM for Professional Services as CityAdvisor for Strategic Options andDelivery of Improvements to waterTreatment facilities ~Oe-02e.

IN COUNCIL

READ AND PASSED

April 28. 2010

..", ...

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

RESOLVED: that Amendment #3 to the Contractand Agreement for ProfessionalServices (08-028) for WaterTreatment Plant Improvementsbetween the City of Newport andCamp, Dresser, and McKee Inc. ishereby accepted at a cost not toexceed $200,200 and the Mayor isauthorized to execute saidcontract amendment on behalf ofthe City, sUbject to favorablereview by the City Solicitor.

IN COUNCIL

READ AND PASSED

January 13, 2010

· THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No.•?Q.Q.~.-;H~

RESOLVED: that Amendment No.2 to theContract and Agreement forProfessional Services for CityAdvisor for Project Delivery ofWater Treatment PlantImprovements (#08-028) betweenthe City of Newport and Camp,Dresser, and McKee Inc. ,. ishereby approved at a cost not toexceed $2,150,000.00 and theMayor is authorized to executesaid Contract and AgreementAmendment, upon review by theCity Solicitor, on behalf of theCity.

IN COUNCIL

READ AND PASSED

August 12, 2009

~~~~ .thleen ~s!Via

ity Clerk

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No..2.Q.Q.'i.~;J.J,..

RESOLVED: that Amendment No. 1 to theContract and Agreement forProfessional Services for CityAdvisor for Project Delivery ofWater Treatment PlantImprovements (#08-028) betweenthe City of Newport and Camp,Dresser, and McKee Inc. , ishereby approved at a cost not toexceed $949,770.00 and the Mayoris authorized to execute saidContract and Agreement Amendment,upon review by the CitySolicitor, on behalf of the City.

IN COUNCIL

READ AND PASSEDJanuary 14, 2009

~~thleen M. SilviaCity Clerk

WHEREAS,

WHEREAS,

WHEREAS,

RESOLVED:

IN COUNCIL

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No..:.2008-169

the City of Newport awarded a contract to CDM,Inc. for Professional Services as City Advisorfor Water Utility Strategic Options andDelivery of Improvements to Water TreatmentFacilities pursuant to Resolution #2008-40;and

the City of Newport approved the Phase 1-Areport's recommendation that the City retainownership of the utility and proceed with Phase1-B which examines the possible options forimplementation of the required capitalimprovements to the City'S water treatmentfacilities pursuant to Resolution #2008-121;and

the Phase 1-B report provides a recommendationthat the City proceed with a singleperformance/Design Alternative Design-Build(DB) procurement with continued City operationfor both Station No.1 and Lawton Valley WaterTreatment Plant Improvements. NOW THEREFORE BEIT

that the recommendation for the singlePerformance/Design Alternative Design-Buildprocurement with continued City operation for

.both Station No.1 and Lawton valley WaterTreatment Plant Improvements is approved andthe commencement of work by the City Advisor toimplement the procurement process is authorizedcontingent on City council approval of anamendment to the contract with CDM forProfessional Services as City Advisor forStrategic Options and Delivery of Improvementsto water Treatment facilities #08-028.

READ AND PASSED

December 10, 2008

WHEREAS,

WHEREAS,

WHEREAS,

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No. ~9.9.?7J.?J.

the City of Newport awarded acontract to CDM for ProfessionalServices as City Advisor forWater Utility Strategic Optionsand Delivery of improvements toWater Treatment Facilitiespursuant to Resolution #2008-40;and

under Phase 1-A of the project,CDM conducted Public Workshops onMarch 31, 2008 and June 18, 2008;and

the Phase 1A report provides arecommendation that the Cityretain ownership of the utilityand proceed with Phase 1B whichexamines the possible options forimplementation of requiredcapital improvements to theCity's water treatmentfacilities. NOW THEREFORE BE IT

RESOLVED:

IN COUNCIL

that the recommendationcontinued City ownership ofwater utility is approved andcommencement of Phase 1B ofstudy is authorized.

forthethethe

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCil2008-40

No .

RESOLVED: that the Contract and Agreementfor Professional ConsultingServices for City Advisor forProject Delivery of WaterTreatment Plant Improvements(#08-028) Phase 1 between theCity of Newport and camp Dresserand McKee, Inc. , is herebyapproved at a cost of $116,200and the Mayor is authorized toexecute said Contract andAgreement, upon review by theCity Solicitor, on behalf of theCity.

IN COUNCIL

READ AND PASSEDMarch 12, 2008

~~J!1~City Clerk


City of Newport



Staff Presentation:

Mayor Stephen C. Waluk & Members of the City CouncilJane Howington, City MaUager~rI-January 12, 2012Design Build Contract Award - 09-039 Station No.1 Water Treatment PlantUpgrade and New Lawton Valiey Water Treatment PlantJulia A. Forgue, Director of Utilities

RECOMMENDATION:The Department of Utilities recommends the award of the Design Build Contract for the Station No. I Water TreatmentPlant Upgrade and New Lawton Valiey Water Treatment Plant to the ABCOM & Nickerson, Joint Venture for the FixedDesign/Build price of $62,324,608.00. It is also recommended that the Design Build budget for the project be approvedfor $67,000,000 which represents the Fixed D/B price, a contingency for the contractual one time 365 day material/equipment price escalation, and a contingency for unforeseen circumstances. The total recommended contingency forthe project budget is approximately 7.5%. Funding for the Water Fund project is from the Drinking Water StateRevolving Loan Fund (DWSRF) borrowing with the RI Clean Water Finance Agency (RICWFA).

BACKGROUND AND FINDINGS:The Newport water system includes a complex system of nine reservoirs having a wide range in quality that can changequickly. It also includes two treatment plants with different processes, one of which has equipment that is much beyondits useful life and the other with limited treatment capacity. The distribution system includes several pressure zones andextended water age concerns. Newport provides retail water service to the City, Middletown and a smali section ofPortsmouth and wholesale water service to Naval Station Newport and the Portsmouth Water & Fire District. Iu 2004,the City of Newport completed a Water Treatment Plant Compliance Evaluation. The purpose of this project was toassess current and future regulatory compliance as well as the physical condition of Newport's two water treatmentplants - Station I Water Treatment Plant and Lawton Valley Water Treatment Plant (WTP). The most significantchallenge was identified as achieving compliance with new regulations for TTHMs (total trihalomethanes). TheCompliance Evaluation concluded that the Lawton Valley WTP was beyond its useful life in terms of facilities andequipment and could not be cost-effectively upgraded and therefore should be replaced with a new plant. The study alsoconcluded that the Station I WTP required upgrading to restore its reliable treatment capacity to 9 million gallons perday (mgd) as it can currently produce only about 6 mgd without compromising the quality of the finished water.

In 2009 and 2010, the City conducted detailed pilot testing studies to determine the optimal treatment method to reduceTHMs. This included evaluation of "conventional" treatment (similar to what is now used in Newport) as well as"advanced" treatment. If conventional treatment alone cannot sufficiently remove organics, then advanced treatmentwould be needed. The findings of the pilot testing studies showed that "conventional" treatment by itself did not achievesufficient level of organics removal to control THMs and that it would be necessary to include "advanced" treatment inthe new facilities. The results of the pilot testing as well as the design requirements for the plant improvements wereincorporated into a three-volume Request for Proposals (RFP).

A Request for Qualifications (RFQ) was issued in 2009 as the first step in selecting the DIE contractor. The City'sEvaluation Committee included: City Manager (Edward Lavallee), Director of Finance ( Laura Sitrin), City Solicitor(Joseph Nicholson), Director of Utilities (Julia Forgue), and Deputy Director of Utilities (Kenneth Mason). CDM Smith,the City's Advisor for the water treatment plant improvement project, provided technical assistance for the EvaluationCommittee throughout the procurement process. Three DIE teams were shortlisted: ABCOM /Nickerson Joint Venture;Gilbane Building Company; and The O'Connell Companies. The RFP was issued in November 2010. In May 2011, allthree DIE firms submitted their proposals and the City's Evaluation Committee met over the summer tocomprehensively review the legal, technical, financial, cost, and non-cost aspects of each submittal. In October 20II,the Evaluation Committee recommended that the City begin negotiations with the preferred DIE team ofAECOM/Nickerson, toward t\1e goal of awarding a contract in early 2012. The City's special legal counsel for theproject, Pannone, Lopes, Deveraux, and West (PLDW) , assisted with drafting and negotiations related to the DesignBuild Contract. CDM Smith also assisted in the technical aspects of contract negotiations.


BACKGROUND AND FINDINGS (cont.):

AECOM/ Nickerson Joint Venture consists of AECOM Technical Services, Inc. for design and engineering services andC.H. Nickerson & Co., Inc. for construction services. The Joint Venture parties are jointly and severally liable. TheGuaranty is provided by AECOM Technology Company which is the parent company of AECOM Technical Services,Inc. The Fixed Price includes the design, permitting, and construction of the new Lawton Valley Plant and the upgradesto the Station No I Plant. Also included is the required acceptance testing of the two plants, training of City personnel,and demolition of the existing Lawton Valley treatment facilities. In accordance with the RFP, the Fixed Price submittedin May, 2011 has been adjusted for actual cost escalation (after 90·days) from August, 2011 until the assumed Jan 25,2012 contract award date, based on the "Engineering News Record Construction Cost Index". This adjustment isstandard industry practice for design-build contract "best value" awards. The recommended Fixed Price award isdetermined as:

$60,982, 982.00 (Negotiated Proposal price)$ 1,341,626.00 (escalation Aug 23 to Jan 25)*$62,324,608.00 (recommended Fixed Desigu /Build Price)

.- Escalation for Aug 23 to Jan 25 is equal to 2.2% of$60,982,982 based on 5/12 ofENR-Boston CCI Index changeof 5.3% for calendar year 2011.

Also in accordance with the RFP and the Contract and due to the phasing of construction until after design, the FixedPrice will be adjusted one-time at 365-days after contract award for actual cost escalation of equipment and materials(such as steel and cement), based on "Producers Price Indices" published by the US Department of Labor. Acontingency in the project budget is recommended to allow for adjustments due to unforeseeable conditions normallyencountered during construction at sites with existing facilities and buildings and subsurface uncertainties. It isrecommended and requested that the design build project budget include a contingency of approx. 7.5 % ($4,675,392)for the adjustment of the Fixed Price for the material escalation and a general project contingency. Therefore therecommended DesignlBuild Project Budget is $67,000,000.00.

The reconunended treatment process will be standardized at the two plants and will consist of preoxidation (usingchlorine dioxide), clarification (using dissolved air flotation or "DAF"), granular media filtration, advanced treatment,disinfection (using chlorine), and treatment (adjustment of the pH) to control the corrosivity ofthe water. For the methodof advanced treatment, GAC (granular activated carbon)contactors to reduce TTHMs has been selected.. While slightlymore expensive (less than 2% ofcapital cost) than MIEX®, the GAC contactors offers additional benefits of more robustcontrol of taste and odors, particularly suitable for addressing late-summer algae blooms that occur in the City'sreservoir supplies. It is anticipated that the advanced treatment would be operated only during the months of Maythrough October and bypassed when not required to save operating costs. However, if required at some point in thefuture due to regulatory changes, the advanced treatment process can be used year round.

The selected design concept includes a new Lawton Valley plant located on the site of the existing 4-million gallonreservoir adjacent to the existing (circa 1942) plant. The new building will be an aesthetically-pleasing, highly functionalstructure constructed from high quality, durable and easily-maintained materials. The 4-million gallon reservoir wouldbe demolished to provide space for the new plant and will be replaced with a new, smaller 1.75-million gallon tank thatwould have more "turnover" (usage) and thereby decrease the amount of time the water remains in storage before it issupplied to consumers.

At the Station I plant, all of the new treatment processes will be retrofitted into the existing building with the exceptionof the GAC contactors. The GAC contactors will be housed in new building on the south side of the existing facility tominimize visual impacts. Improvements will be made to the entrance and plant landscaping to improve aesthetics. Atboth plants, the new facilities will incorporate "green" principles and sustainable, energy efficient components includingrequirements of the Rhode Island Green Building Act. This will include items such as building orientation, use ofrenewable/recycled/regional building materials, energy efficient fixtures and motorized equipment, natural lighting, heatrecovery, thermally enhanced walls/windows/roofing systems, stormwater control and recovery, and water use reductionand waste water recovery.

The funding for the water treatment plant projects will be provided by subsidized loans from the Drinking Water StateRevolving Fund (DWSRF), administered by the Rhode Island Clean Water Finance Agency (RICWFA) and the RhodeIsland Department of Health, Office of Drinking Water Quality (RIDOH). There is the possibility that the requiredfunding for the Water Treatment Plants project may require borrowing through RICWFA on a non-subsidized basis dueto the capacity of the state's DWSRF. City staff is meeting regularly with staff from RICWFA and the RIDOH regarding


BACKGROUND AND FINDINGS (cant.):

the financing and borrowing schedule. The City Council in December 20 II approved the bond ordinance approving theissuance of revenue bonds not to exceed $85 million for the Water Treatment Plants project. At their December 2011meeting the RICWFA Board approved the City's application to borrow $53.1 million from the DWSRF program. Thisrepresents the first borrowing for the project. The water rates charged by the Water Division provide the revenue tosupport the operation and maintenance costs, capital costs and debt service costs for the Water Division. In order tofinance the Water Treatment Plants Project the Water Division in April 2011 filed with the RIPUC an application for amulti year rate plan which was assigned Docket No, 4243. The advantage of the multi year rate plan is that the expensesfor debt service can be phased in over time rather than the alternative of requesting a single large rate increase to coverthe total costs for the Water Treatment Plants project. The RIPUC in the order for Docket No. 4243 approved the 22.5%rate increase effective December I, 2011 and the multi year plan for rate increases in FY 13, 14, and 15. The rateincreases in FY 13, 14 and 15 are not final as they are subject to compliance filings with the RIPUC. The WaterDivision must file notices with the RIPUC approximately 90 days prior to the effective date ofany future rate increasethat includes the relevant information regarding the borrowings such as the anticipated interest rates, borrowing costs,draw schedules, dates of borrowing and source of borrowing. After receiving this information the RIPUC can approveor amend the proposed rate increase.

PREVIOUS LEGISLATIVE ACTIONResolution #2008·121 Phase IA Recommendation- City Ownership ofWater UtilityResolution #2008-169 Single PerformancelDesign Alternative DB procurementResolution #2010- 70 Approval of Advanced Water Treatment AlternativeResolution #2011-153 Application for DWSRFOrdinance No. 2011-030 Bond Ordinance

FISCAL IMPACT.1L Currently Budgeted (Acct 15-500-2222-50440) _ Requires additional appropriation _ No Fiscal Impact

(Acct 15-500-2223-50440)

SUPPORTING DOCUMENTSResolutionDesign! Build Contract

Finance Dept Review: I I Date By: -c).~__ (if applicable)

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

RESOLVED:

IN COUNCIL

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No .

the City of Newport owns and operates awater system which includes the Station1 Water Treatment plant and the LawtonValley Water Treatment Plant; and

the City is required to design andconstruct upgrades to the Station 1Plant and construct a new Lawton ValleyPlant; and

the City authorized and followed adesign build procurement process forimplementing the improvements to theStation 1 Plant and construction of aNew Lawton Valley Plant; and

the City has completed negotiations withthe preferred design build provider. NOWTHEREFORE BE IT

that the Design /Build Contract for theStation No. 1 Water Treatment PlantUpgrade and New Lawton Valley WaterTreatment Plant Project (#09-039)between the City of Newport and AECOM &Nickerson, a Joint Venture, is herebyapproved at Fixed Design/Build Fee of$62,324,608.00 and the Mayor isauthorized to execute said Design/ BuildContract, on behalf of the City, subjectto favorable review by the CitySolicitor and the authorized DesignBuild project #09-039 budget, whichincludes contingencies, is approved inthe amount of $67,000,000.00

READ AND PASSED


CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO. 2011-030

AN ORDINANCE OF THE CITY OF NEWPORT APPROVING THE FINANCING OFIMPROVEMENTS TO THE NEWPORT WATER SYSTEM INCLUDING, BUT NOT LIMITEDTO, THE CONSTRUCTION AND EQUIPPING OF ANEW TREATMENT PLANT, INCLUDINGDEMOLITION OF THE EXISTING TREATMENT PLANT, AND CONSTRUCTION OF LONGTERM CAPITAL IMPROVEMENTS TO A SECOND WATER TREATMENTPLANT AND ALLATTENDANT EXPENSES AND APPROVING THE ISSUANCE OF WATER REVENUEBONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $85,000,000

Be it Ordained by the City ofNewport that:

SECTION I. The swn of Eighty-Five Million Dollars ($85,000,000) isappropriated for the purpose offinancing ofimprovements to the NeWport water system .including, but not limited to, the construction and equipping ofa newtreatment plant, includingdemolition ofthe existing treatment plant, and construction oflong-term capital improvementsto a second treatment plant and all attendant expenses (collectively, the "Project").

SECTION 2. In accordance with Chapter 46-12.8 ofthe Rhode Island GeneralLaws, the Director of Finance and the Mayor are hereby authorized to borrow an amount notexceeding Eighty-Five Million Dollars ($85,000,000) from the Rhode Island Clean WaterFinance Agency, and to evidence such loan, such officers are hereby authorized to issue andrefund on behalfofthe City, in an amount not exceeding Eighty-Five Million Dollars($85,000,000) water revenue bonds (the "Bonds") of the City, at one time, or from time to time inorder to meet the foregoing appropriation.

SECTION 3. The said officers from time to time may issue and refund notIlxceeding $85,000,000 interest bearing or discounted water revenue notes (the "Notes") inanticipation ofthe issue ofsaid Bonds.

SECTION 4. The Bonds and Notes shall be payable solely from revenues oftheNeWport water system. The City may issue bonds, notes, or other obligations on a parity withthese Bonds. The manner of sale, amount, denominations, maturities, conversion or registrationprivileges, interest rates, mediwn ofpayment, and other terms, conditions and details oftheBonds or Notes may be fixed by the officers authorized to sign the Bonds or Notes.

SECTION 5. Pending the issuance of the Bonds under Section 2 hereof orpending or in lieu ofthe issue ofNotes under Section 3 hereof, the Director of Finance, at the

CITY OF NEWPORTORDINANCE

OF THECOUNCIL

NO.. 2011-030(Page 2)

written direction ofthe City Council, may expend funds from the General Fund or Water Fund ofthe City for the purposes specified in Section I hereof. Any advances made under this sectionshall be repaid without interest from the proceeds of the Bonds or Notes issued hereunder orfrom the proceeds ofapplicable federal or state assistance or from other available funds.

SECTION 6. The Director of Finance and the Mayor are also authorized,empowered and directed, on behalfof the City, to: (i) execute, acknowledge and deliver aSupplemental Indenture (the "Supplemental Indenture") amending and supplementing the TrustIndenture dated March 7, 2007 by and between the City and Wells Fargo Bank, N.A., as trustee(as amended, the "Trust Indenture"), and any and all other loan agreements, documents,certificates or instruments necessary to effectuate such borrowing; (ii) amend, modifY orsupplement the Trust Indenture, the Bonds or Notes and any and all other loan agreements,documents, certificates or instruments at any time and from time to time, in such manner and forsuch purposes as such officers shall deem necessary, desirable or advisable; (iii) direct theTrustee with regard to investments of trust funds pursuant to the Trust Indenture; and (iv) do andperform all such other acts and things deemed by: such officers to be necessary, desirable oradvisable with respect to any matters contemplated by this Ordinance in order to effectuate saidborrowing and the intent hereof. .

SECTlON 7. The Director of Finance and the Mayor are hereby authorized todeliver the Bonds or Notes to the purchaser and said officers are hereby authorized and instructedto take all actions, on behalfof the City, necessatyto ensure that interest on the Bonds or Noteswill be excludable from gross income for federal income tax purposes and to refrain from allactions which would cause interest on the Bonds or Notes to become subject to federal income.taxes.

SECTION 8. This Ordinance is an affirmative action of the City Council of theCity toward the issuance ofthe Bonds and Notes in accordance with the purposes ofthe laws ofthe State. This Ordinance constitutes the City's declaration ofofficial intent, pursuant toTreasury Regulation §1.150-2, to reimburse the City's General Fund or the City's Water Fund forcertain capital expenditures for the Project paid on or after the date which is sixty (60) days priorto the date ofthis Ordinance but prior to the issuance ofthe Bonds or Notes. Such amounts to bereimbursed shall not exceed Eighty-Five Million Dollars ($85,000,000) and shall be reimbursednot later than eighteen (18) months after the later of (a) the date on which the expenditure is paidor (b) the date on which the Project is placed in service or abandoned but in no event later thanthree (3) years after the date on which the expenditure is paid.

I

CITY OF NEWPORT. ORDINANCE

OF THECOUNCIL

NO. 2011-030

(Page 3)

SECTION 9. The Director ofFinance and the Mayor are authorized to take allactions necessary to comply with federal tax and securities laws including Rule 15c2-12 oftheSecurities and Exchange Commission (the "SEC Rule") and to execute and deliver a ContinuingDisclosure Certificate in COIll1ection with the Bonds or Notes in the form as shall be deemed

• advisable by the Director of Finance and the Mayor in order to comply withthe SEC Rule. TheCity hereby covenants and agrees that it will comply with and carry out all of the provisions of .the Continuing Disclosure Certificate, as it may be amended from time to time. Notwithstandingany other provision of this Ordinance or the Bonds or Notes, failure ofthe City to comply withthe Continuing Disclosure Certificate shall not be considered an event of default; however, anyBondholder or Noteholder may take such actions as may be necessary and appropriate. inclUdingseeking mandate or specific performance by court order. to cause the City to comply with itsobligations under this Section and under the Continuing Disclosure Certificate.

IN COUNCIL

READ AND PASSEDDecember 14, 2011

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

WHEREAS, the City of Newport is finalizing the plans toimplement a Design Build project for improvementsto both Water Treatment plants including thereplacement of the Lawton Valley facility and majorimprovements to the Station 1 facility; and

WHEREAS, . the City is requesting authority from the RIPUC toborrow up to $85,000,000 from the Drinking WaterState Revolving Fund (DWSRF) Loan from the CleanWater Finance Agency; and

WHEREAS, the proposed project includes the design buildcontract for the improvements for at the WaterTreatment Plants, the services of the City Advisor,Special legal Advisor and Financial advisorassociated with the project delivery of the watertreatment plant improvements, the cost of issuancefor the bonding, and the required debt servicereserve fund; and.

WHEREAS, in order to obtain a loan under the DWSRFprogram, the City must also comply with theRIDOH requirements which requires a certifiedresolution of the City Council directing theAdministration to submit the application forDWSRF assistance. NOW THEREFORE BE IT

RESOLVED: that the Mayor is authorized to sign the requiredapplications and loan documents required by theClean Water Finance Agency and Rhode IslandDepartment of Health on behalf of the City for theDrinking Water State Revolving Fund assistance.


November 9, 2011

K thleen M. SilviaCity Clerk

" ) 'JTHE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No...~.~.~!?~.~~.

Page 1 of 2

WHEREAS, the City of Newport awarded a contractto CDM, Inc. for ProfessionalServices as City Advisor for WaterUtility Strategic Options andDelivery of Improvements to WaterTreatment Facilities pursuant toResolution #2008-40;and

WHEREAS, the City of Newport approved thePhase l-A report's recommendationthat the City retain ownership of theutility and the Phase l-B report'srecommendation that the City proceedwith a single Performance/DesignAlternative Design-Build (DB)procurement with continued Cityoperation for both Station No.1 andLawton valley Water Treatment PlantImprovements and

WHEREAS, CDM has proceeded with the workassociated with Phases 2, 3 and 4tasks including the comprehensivepilot testing for the purpose ofevaluating suitable treatmentprocesses for the improvements to thewater treatment plants, and

WHERAS, The results have identified challengesand issues with options for treatmenttechnologies to be considered for theDesign Build Proj ect . NOW THEREFOREBE IT

) )THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No. ~~~.?:-.??...

Page 2 of 2

RESOLVED: that the recommendation for theinclusion of advanced water treatmentalternative in the Design-Buildprocurement documents for bothStation No.1 and Lawton valley WaterTreatment Plant Improvements isapproved and the commencement of workto complete the additional pilottesting as part of the contract withCDM for Professional Services as CityAdvisor for Strategic Options andDelivery of Improvements to waterTreatment facilities #08-028.

IN COUNCIL

READ AND PASSED

April 28, 2010

WHEREAS,

WHEREAS,

WHEREAS,

RESOLVED.

IN COUNCIL

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No..:.2008-169

the City of Newport awarded a contract to COM,Inc. for Professional Services as City Advisorfor Water Utility Strategic Options andDelivery of Improvements to Water TreatmentFacilities pursuant to Resolution #2008-40;and

the City of Newport approved the Phase 1-Areport's recommendation that the City retainownership of the utility and proceed with Phase1-B which examines the possible options forimplementation of the required capitalimprovements to the City'S water treatmentfacilities pursuant to Resolution #2008-121;and

the Phase l-B report provides a recommendationthat the City proceed with a singleperformance/Design Alternative Design-Build(DB) procurement with continued City operationfor both Station No.1 and Lawton Valley WaterTreatment Plant Improvements. NOW THEREFORE BEIT

that the recommendation for the singlePerformance/Design Alternative Design-Buildprocurement with continued City operation for

.both Station No.1 and Lawton Valley WaterTreatment Plant Improvements is approved andthe commencement of work by the City Advisor toimplement the procurement process is authorizedcontingent on City council approval of anamendment to the contract with COM forProfessional Services as City Advisor forStrategic Options and Delivery of Improvementsto water Treatment facilities #08-028.

READ AND PASSED

December 2008

WHEREAS,

WHEREAS,

WHEREAS,

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No. ~~9.?7'+.?.+.

the City of Newport awarded acontract to CDM for ProfessionalServices as City Advisor forWater Utility Strategic Optionsand Delivery of improvements toWater Treatment Facilitiespursuant to Resolution #2008-40;and

under Phase 1-A of the project,CDM conducted Public Workshops onMarch 31, 2008 and June 18, 2008;and

the Phase 1A report provides arecommendation that the Cityretain ownership of the utilityand proceed with Phase 1B whichexamines the possible options forimplementation of requiredcapital improvements to theCity's water treatmentfacilities. NOW THEREFORE BE IT

RESOLVED:

IN COUNCIL

that the recommendationcontinued City ownership ofwater utility is approved andcommencement of Phase 18 ofstudy is authorized.

forthethethe

CITY OF NEWPORTBoard of Licensing Commissioners

APPLICATION FOR TRANSFER OF ALCOHOLIC BEVERAGE LICEN E

DATE !f) /f I(

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

CLASS A BL./ BT BV C D E J-- -- ---TYPE OF TRANSFER V' OWNERSHIP LOCATION,/' STOCK

v OTHER, Explain~ _

NAME OF TRANSFEROR .!e.f' pr6-c hP'/----'=---=----'---"-~=---------------

D/B/A 'II t7 ~d1b TEL. # Jht t 1/'&Jlt

BUSINESS ADDRESS__--''?'-''~'-'/_ _'_n'__...lt_:.=_=~.::...:..::~'_____'~~~=_=__T _". >'.',

Transferor hereby petitions the Licensing Board to transfer the said license to:

NAME OF TRANSFEREE W ~ ~0.f

D/B/A Ifl " /ll'1V1h TEL. # 6Y' /fP / fLNEW LOCATION, if applicable_..<-/V"'---"p-->:v""-=..=""et.-v.:..=:...e·-'-1'+-"-.R"----~------'----

If Change ofStockholders, List OLD & NEW Stockholders: (attach separate sheet ifnecessary)

yu '" !fr..I"W!

PRINT NAME

IZI(p//C\DATE OR DATE COMMISSION EXPIRES IF NOTARY

DATE OR DATE COMMISSION EXPIRES IF NOTARY

;;;-;:ID~;~ Q~ATE ;:-:n-lf7i/l;~:; Use Only--~--~-~---~--~--'Lf I

License Issued by: Date Issued: _

ACTION OF COUNCIL ACTION DATE _

~~14 'llIUtiml::Jz1; .;}A6/j:A..App03LiquolTransfer ,NOV 09 20U t!!>17fd .45 /df/IJ/(IJ .

Page I of2 STATE OF RHODE ISLAND NewportBOARD OF LICENSING COMMISSIONERS

IBrlRETAlLER CLASS:

i '.' I- ",! I

I OWNERSHIP: &A I"/l'1',di,. I ~ t--c. : i':nrT 1 A. ?nl1 " ,: , l

;VNn-.,

1 '.,'. ""D/B/A: 4/ () t ,i

":"'i

Premises "3 t;/ 1lr- (lvvvJ? ~~ L " ," - ,,-.-,'..

JY- "l.,;> p.e vv'1 /VI;// ~/State·lncomorated: I rz-.r: IDate oflncomoration: I 'if t;) ()"7\ Business Telephone No: I 1Nt. ({JIg-

Name, Address and Tel. # of AlI Officers (ifLLC, List Manager under President and change title to "Manager" :

TITLE NAME HOME ADDRESS TELEPHONE

~ %D?- p~ t--L. C "ZS) ~ ~keJ" W6/{ol¥Vice~Pres. W A~ dnd

Secretary

Treasurer

Mallmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. IfOther Please speCify below:

Name ofEach Director/Board Member Address

..

If Corporatiou, Classes of Stock: Amount ofTbis Class Authorized: Amount ofThis Class Issued:

..-Name Registered Stock Owners OR LLC Members w/%interest Class(es) of Stock Amount of Stock OR LLC %

lJ-t,v va--JA IJl. If· I~, 1m 'h%?6--I?J!'1 1 l- t. A O. L tP. 1 : "30/.::,

pf#. N. g/N~ ~'fM.tti f IW''''I/ f/v'. jVtF'N~I J

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

Filing Fee: I $25 I Date Paid:I I License Fee: I IDate Paid: I IApproved by Council_________ Disapproved by Council _

Issued By Date License & Section 5.12 Received by _

Uquor Application by Corporation Class «Class of License)} # «Number of License)) Entity: «ApplicationType»La~t printed <)/9/20 II 2: 16 Pj·...t Ilk IHlllW: Liqlll.l.C'('ORPappML'rgc.Jt1c:-

of2 STATE OF RHODE ISLAND Newport

I

• For each yes and no question, please write in YES if yes or NO if no.• Where necessary, use additional pages for explanations. -------------------,

Is any of the above stock pledged? Ijl/p I- Ifyes, provide details: •--===============iIs application on behalfofundisclosed! /\ro I- Ifyes, give details: Iprincipal or party in interest? ,-_~:;--------j===]----------'

Does Applicant Own premises?1 /VV' I_property Mortgaged? (l/v I - Property Leased1 '''' I I-IfMortgaged or Leased: Amount ofExtent:

1---;;;------;.,;---;-'------,---------------,Name and Address of Mortgagee or Lessee: 'f}() 'l- Ji'~~ . v /.. LL.......:'-'-----'-'---'--_---,.-.;'-=----,-::- -:- ---'Have any of the applicants ever been arrested or convicted of a crime? I' jI./ i> I. If yes, explain: •

rS IIv'kf ~ ... f-,;'t- 51'A • fwv ~Jf";:t-~v-~Vn)VlA-tJ'''/I/>-A. I\.i-any other business to be carried on in Licensed Premises? I i f:S I- If yes, explain: • I

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

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

~

licant the owner or 0 erator ofan other business? A/"

State amount ofcapital invested in the business. 7 l. t7P p) tPj)eJ. -

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

:.~~~~'~'Y'~!1' ~.~~. ~~~. ~~~~.~. ~.~~~~~.~~~~ .~~.~.~~~: .~~.~~~..~~~.~ ~f Imyknowledge and bref:

: 4..1.1.:2. ..: If! /s /[L" I}

Signature of Applicant' (see note below) Date of Signature

L_Jz:'-~-:];d=_:S ..' , I )z.,./ 0 /1 'fwi"fNE"S", (l'r Lice n srn g'-Bo~.';d'-'o.."11 0 TAR Y PUB L I C Date Commission Expires (for Notary)

'NOTE: For new. transfer. expansion. or renewal the owner/sl must sign. In a corporation. the officers shouldsign; In an llC. the "designated manager" and a member are to sign. We are no longer to accept the signatureof a manager or attorney on-behalf of the owner.1. Every question on Application Form must be answered. Any false statement made by the Applicant will be sufficientgrounds for the denial of the application or the revocation of the license in case one has been granted.2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).3. Attention is called to the requirements ofthe 1963 amendment of Section 3-5-10 of the General Laws.

a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.b. Any acquisition by any person of more than ten percent (10%) of any class of corporate stock must be reported

within 30 days.c. Any transfer of fifty percent (50%) or more of any class of corporate stock can be made only by written application

to the licensing board subject to the procedures for a transfer of a license.

Liquor Application by Corporation Class «Class_oCLiccnsc» # «Number_oCLiccnse» Entity: «ApplicationType»1,Hst pJin((~d 9/9120 I J .~: 16 P:-"1 Ok Jl<l11W: J ~iq 1J U ..CCORPappl'vlerge.d(lc

Current:

Forty I·North: Peter Borden & George Moore, sole members

Proposed Transfer:

Forty I·North: 802 Partners, LLC, sole member

The membership of 802 Partners, LLC, is comprised of DorranceHamilton, 97%, and PGEM, LLC, 3%.

(The sole members of PGEM, LLC, are Peter Borden and George Moore.)

EDWARD B. CORCORAN

WILLIAM W. CORCORAN

PATRICK O'N. HAYE:S, JR.

NEIL P. GALVIN

..JOSEPH H. OLAYNACK III

MATTHEW H. LEYS

GIRARD A. GALVIN

OF COUNSEL

WILLIAM ..J. CORCORAN

Ii,

CORCORAN, PECKHAM, HAYES & GALVIN, P. C.

ATTORNEYS AND COUNSELLORS AT ~AW:, NOV - 3 "

31 AMERICA'S CUP AVENUE

P. O. BOX 389

NEWPORT, R.1. 02840 iTELEPHONE 40H~47-0672

FAX 401-647-5610

EMAIL: [email protected]

www.cphglaw.com

November 2, 2011

i

WI~LIAM 1. PE:CKHAM

~. l 191j-1963

EDWARD ..Jr CORCORAN

.. _. ·1·919-1997

PATRICK O'N. HAYES

1942-2005

Stephen C. Waluk andMembers ofthe Board of

License CommissionersThe City ofNewportCity Hall43 BroadwayNewport, Rhode Island 02840

Re: 41°North

Dear Mr. Waluk and Members of the Board:

Please be advised that I represent Behan Bros., Inc. We have become aware of theapplication to transfer the ownership interest of the license relating to 41° North and its member,802 Partners, LLC.

R.I.G.L. 3-5-19 states that "In all cases of transfer of license, indebtedness of the licenseeincurred in the operation of the licensed premises shall be paid to or released by an objectingcreditor before the issuing body permits the transfer."

Behan Bros., Inc. hereby objects to this transfer as Behan Bros., Inc. has an outstandinglien in the amount of $1,619,502.39 on the licensed premises. There is no indebtedness moreincurred in the operation of the licensed premises than the indebtedness incurred to build thelicensed premises.

We respectfully request that before this transfer is permitted that the outstandingindebtedness owed to Behan Bros., Inc. be paid.

I expect to be present at the scheduled meeting on this matter should you have anyquestions.

NPG/rc

cc: M. J. Behan, Jr.S. MacGillivray, Esq.

EDWARD B. CORCORAN

WILLIAM W. CORCORAN

PATRICK O'N. HAYES, .JR.

NEIL P. GALVIN

.JOSEPH H. OlAYNACK III

MATTHEW H. LEYSGIRARD A. GALVIN

OF COUNSEL

WILLIAM .J. CORCORAN

CORCORAN. PECKHAM, HAYES & GALVIN, P. C.

ATTORNEYS AND COUNSELLORS AT LAW


P.O. BOX 389

NEWPORT, R. J. 02840TELEPHONE 401-847-0872

FAX 401·847-6810


December 23, 2011

WILLIAM A. PECKHAM

1919·1963

EDWARD oJ. CORCORAN

1919·1997

PATRICK O'N. HAYES

1942·2005

Stephen C. Waluk andMembers of the Board of


Re: 41° North

DearMr. Waluk and Members of the Board:

\L

f"

k I,

'J !(~ i

....J

Based on further review of information relating to this application, this is toinform you that Behan Bros., Inc. is hereby withdrawing its previously filed objection tothe transfer based on R.tG. L. 3-5-19.

;{//A-.Ne~l P. [email protected]

NPG/rc

cc: S. MacGillivray, Esq.T. Scott, Esq.

DEC

;,.',

STATE OF RHODE ISLANDNEWPORT, S.C.

CBOARD OF LICENSE COMMISSIONERS

INRE: Class BH & BTAlcoholic Beverage License transfer to 802 Partners, LLC

AFFIDAVITPursuant to R.I.G.L 3-5-19

I, Peter M. Borden, upon oath depose and say as follows:

I) Forty 10 North, LLC ("41 0 North") is a Rhode Island Limited Liability Company andholder ofa Class BH and BT alcoholic beverage license from the City ofNewport;

2) 802 Partners owns property located offThames Street known as 351 Thames Street and14-16-20 Perry Mill Wharf(Plat 27, Lot 133);

3) 41 0 North operates two restaurants and a hotel on the 802 Partners property;

4) 802 Partners (which is neither the transferor nor transferee) has a dispute with BehanBros., Inc., the contracting company who built a portion ofthe buildings presently housingthe 41 0 North licensed premises;

5) 41 0 North has never had a contract with, nor has it engaged Behan Bros., Inc. to performany services or provide any goods, materials, or service in the operation ofthe alcoholicbeverage or food service conducted under the Class BH and BT licenses held by 41 0

North;

6) None ofthe claims made by Behan Bros., Inc. against 802 Partners were incurred in theoperation ofthe licensed premises;

7) 802 Partners has disputed the claim ofBehan Bros., Inc., and 802 Partners has a claim fordamages against Behan Bros., Inc. in excess of$1.9 million. Said dispute is the subject ofan ongoing Superior Court action entitled 802 Partners. LLC vs. Behan Bros.. Inc.NM2010-0526;

8) As the holder ofthe Class BH and BT alcoholic beverage licenses, but without anycontractual or legal obligation or responsibility for a debt allegedly owed to Behan Bros.,Inc. by 802 Partners, 41 0 North disputes the amountofthe indebtedness and furtheraffinns that this affidavit/statement ofdispute is not interposed for the purposes ofinducing transfer ofthe BH and BT alcoholic beverage licenses held by 41 0 North.

STATE OF RHODE ISLANDCOUNTY OF NEWPORT

Subscribed to and sworn to before me this VS"'day ofDecember, 2011.

S:\TScott\CLIENTS\41 North 9413\9413.5 41 North- Hamilton\AFFIDAVIT - PeterM. Borden.wpd


\xii;,APPLICATION FOR TRANSFER OF ALCOHOLIC BEVERAGE ICENSIE,:,c',.

DATE f.O I I(

Check Here That Applicant(s) has/have presented himself/herself at the RC.!. Section of theNewport Police Department for fmgerprinting and a routine check has been completed. __

CLASS A BL BT BV C D E J V f!, H-- --' ---' --- -----TYPE OF TRANSFER v OWNERSHIP LOCATION v STOCK •

v' OTHER, Explain '!'oF'lf /1"t ~.;., 1~~~ ~fi'£

NAME OF TRANSFEROR_-::-:----;;;-_~_=___:__-'-#/-'C/I'-~---'L(::.:.w-=--'<,/--------~D/B/A ifl t? jl/'N f1,. TEL. # Eft!~ ttJ J ~

BUSINESS ADDRESS._~g'-'~"'_,..-_'J_ ___!_7)..L::._~~=""___'$~~=.:: _


NAME OF TRANSFEREE fu Ii' /p-.t?A.P.ID/B/A .lfl"jV;v"J).. TEL. # W 6 h? I "

NEW LOCATION, if applicable._--'/V'---_p_t/_t..-'-~..:-..:.:...:s:-------------

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

.s;u /I~ tyWJ

PRlNTNAME

DATE OR DATE COMMISSION EXPIRES IF NOTARY'I'AR:V-PUBLIC

-----f*=-++~==:-.~::_:~=-:c=::-::---=-=_=--- __V!l"TZ-;] ]?';YW h0. TRANSFEROR SIGNATURE PRlNTNAME

-. --.- ./. r_.WI1N~;/ ::oB&kRD·~~i NSF REE SIGNATURE

/. ----=.~--:.----.-::,c!-==.-.__-._-.~_._<'.:..._/~ .....--.--/ \2 .. ({~, / I ~WI"J/B:ES'S-oFTIcENS G BOARD OR NOTARY PUBLIC DATE OR DATE COMMISSION EXPIRES IF NOTARY

J1Jtlv-~~--~~~--;J;tjf~~~~~--~~-~Office Use Only ---~---~-~--~~~~~-~~-FEE PAID_"$Y'r DATE PAID..L(-'-{~_J-"!{_r....cl.:..; _

License Issued by: Date Issued: _

of2 STATE OF RHODE ISLAND NewportBOARD OF LICENSING COMMISSIONERS

RETAILER CLASS: BHOWNERSHIP; ~-/t, / () ;'V;Vn-., t...-IA:.

D/B/A: '/1 '" ;V;'lf rhPremises '7, ~ I n,~ G~

It(,- "]...Q [?Rr/V'1 ftt " / J W],.../Vf/IState - Incomorated: I rz-.-S IDate ofIncornoration: I' 'i/ (/0'" IBusiness Telephone No: I .!fitt tOl fName, Address and Tel. # ofAll Officers (if LLC, List Manager under President and change title to "Manager" :


I/:'~~~ 1rv).- J7tIVV~ Ue. ~ <,;) 71<tJvw...h S7teM 8YbgO/~

Vice-Pres. ~ Jf ~ A.;/

Secretary

Treasurer

Mallmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. IfOther Please specIfy below:

Name of Each DirectorlBoard Member Address

..,

t .....

................... - .

>~/1l:~ 51-Y.uA-

If Corporation, Classes of Stock: Amount ofThis Class Authorized: Amount ofThis Class Issued:/\ i/ i II

'il-G-GM Ptt . A. /L". J.

~

.

Name Registered Stock Owners OR LLC Members w/%interest Class(es) of Stock Amount of Stock OR LLC %._

I.'\~v~ ~ 1./. ~', 11m. 17 ':YO''/? t..- t: IV\. I...-L.- l. AA ~ A P. A : '3 0/"

p; -u... M _B",~ ('fr; L1 Ik~/q,,-I'V(/ tv· (}t&f})vQ

....

j v

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

Piling Pee:~ Date Paid:I I License Fee: I IDate Paid: I IApproved by Council_________ Disapproved by Council _


Liquor Application by CorporationI.ast printed 9/9/20 I ) ~: 16 PIvi

Class «Class_of_License» # «Number_oCLicense» Entity: «ApplicationType»tilt;.- Ilanw: 1-1(111 LLCC'CJRJ-'appJ\:1crge.d(ll'

of2I D/B/A

STATE OF RHODE ISLAND Newport

• For each yes and no question, please write in YES if yes or NO if no.• Where necessary, use additional pages for explanations. ------------------~

Is any of the above stock pledged? I IV tJ I- If yes, provide details: +:"--..!====================iIs application on behalfofundisclosed~ - If yes, give details: Iprincipal or party in interest? c--_--=:;-~------;:::=:::::;-----------.J

Does Applicant Own premiSeS?~-property Mortgaged? tvt? I - Property Leased11'PSi-If Mortgaged or Leased: Amount ofExtent: I1----,- ,---1-- ,

Name and Address ofMortgagee or Lessee: L-.::f!:1J:..:.-~2.__J..:i.f7,:..!~=:-'-~~~:.L,c;_~1-;::...:(...:.....=e.~-------------....J1Have any of the applicants ever been arrested or convicted of a crime? I /V'-o I. If yes, explain: •

IIs any other business to be carried On in Licensed Premises? I 1.11 I- If yes, explain: •

I

r !(--Pl-«' c1X1-' ...At.~ ~r<1?- _ .f1.,." ,ru-..~ /1A.~ . IIs any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? I;./'.;> I- If yes, explain: •

Do any of the applicants bave any interest, direct or indirect, as principle or associate, or in any manner wbatsoever, in any retaillicense issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended? ~. Ifyes, explain: +

State amount ofcapital invested in the business. () (/ ,,"v·"Certificate of Ljability Insurance and Proof of Worker's Compensation Insurance must be attached.

:'.~~~~.. .t:~·~~·~~~~·~.~~?:.?~~.?~.~~~~·~~..~~~t Im~~Z;:'~: ,'~d br'~~ ..~J!.). .n •••••••••••••••••••••••••••••••••••••••••••••••••••• ••••••••••••••••••• ~

d?::'~~·~:~":~W)_ I I'L:t"::-W TNESS 0 Licensing Board or NOTARY PUBLIC Date Commission Expires (for Notary)

:NOTE: For new, transfer, expansion. or renewal the owner/s) must sign. In a corporation, the officers shouldsign: in an LLC, the "designated manager" and a member are to sign. We are no longer to accept the signatureof a manager or attorney on behalf of the owner.1. Every question on Application Form mnst be answered. Any false statement made by the Applicant will be sufficientgrounds for the denial of the application or the revocation of the license in case one has been granted.2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).3. Attention is called to the requirements of the 1963 amendment of Section 3-5-10 ofthe General Laws.

a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.b. Any acquisition by any person ofmore than ten percent (10%) of any class of corporate stock must be reported


to the licensing board subject to the proccdnres for a transfer of a license.

Liquor Application by Corporation Class «Class_oCLicense» # «Number_oCLicensen Entity: «ApplicationType»J.a.\! plil1t~d 9/9/.;() 11 .:::16 P\·1 11k' Jj,l1lW: Liq 11 LLCCORJ'apr:VkrMc.(\(l\:

Current:

Forty loNorth: Peter Borden & George Moore, sole members

Proposed Transfer:

Forty loNorth: 802 Partners, LLC, sole member

The membership of 802 Partners, LLC, is comprised of DorranceHamilton, 97%, and PGEM, LLC, 3%.

(The sole members of PGEM, LLC, are Peter Borden and George Moore.)

PATRICK C'N. HAYES

194Z·2005

iWtLl..l~M A. PECKHAM

-..l 191~'1963I

EDWARD J f CORCORAN

",,,·_·.,-1-919"1997

NOV - 3 :.'

TELEPHONE 40H347-0S72

FAX 401-847-5810

EMAI L: [email protected]

31 AMERICA'S CUP AVENUEP. O. BOX 369

NEWPORT, R.1. 02840

CORCORAN. PECKHAM, HAYES & GALVIN, P. C.

ATTORNEYS ANO COUNSELLORS AT l:.AW:,

EDWARD B. CORCORAN

WILLIAM W. CORCORAN

PATRICK O'N.-HAYES, .JR.

NEIL P. GALVIN

.JOSEPH H. OLAYNACK III

MATTHEW H. LEVS

GIRARD A. GALVIN

OF COUNSEL

WILLIAM .J. CORCORAN

November 2, 2011


License CommissionersThe City of NewportCity Hall43 BroadwayNewport, Rhode Island 02840

Re: 41 0 North

Dear Mr. Waluk and Members of the Board:

Please be advised that I represent Behan Bros., Inc. We have become aware of theapplication to transfer the ownership interest of the license relating to 41 0 North and its member,802 Partners, LLC.

R.I.G.L. 3-5-19 states that "In all cases of transfer oflicense, indebtedness of the licenseeincurred in the operation of the licensed premises shall be paid to or released by an objectingcreditor before the issuing body permits the transfer."

Behan Bros., Inc. hereby objects to this transfer as Behan Bros., Inc. has an outstandinglien in the amount of $1,619,502.39 on the licensed premises. There is no indebtedness moreincurred in the operation of the licensed premises than the indebtedness incurred to build thelicensed premises.

We respectfully request that before this transfer is permitted that the outstandingindebtedness owed to Behan Bros., Inc. be paid.

I expect to be present at the scheduled meeting on this matter should you have anyquestions.

Zince 1,,, /I (/~

'~/I'.~el ··P. Galvin

[email protected]

NPG/rc

cc: M. J. Behan, Jr.S. MacGillivray, Esq.

EDWARD B. CORCORAN

WILLIAM W. CORCORAN

PATRICK D'N. HAVE-S, ..JR.

NEIL P. GALVIN

.JOSEPH H. OLAYNACK III

MATTHEW H. LEYS

GIRARD A. GALVIN

OF COUNSEL

WILLIAM J. CORCORAN

CORCORAN, PECKHAM, HAYES & GALVIN, P. C.

ATTORNEYS AND COUNSELLORS AT LAW


P. O. BOX 389

NEWPORT, R.1. 02840

TELEPHONE 401-847-0872

FAX 401-847-6810


December 23. 2011

WILLIAM A. PE;CKHAM

1919-1963

EDWARD ..J. CORCORAN

1919-1997

PATRICK O'N. HAYES

1942-2005



Re: 41 0 North

Dear Mr. Waluk andMembers of the Board:

I"~

i

O[·'C ,) '7,.. f.- I

il . .

Based on further review of information relating to this application, this is toinform you that Behan Bros., Inc. is hereby withdrawing its previously filed objection tothe transfer. based on R.I.G. L. 3-5-19.

*p1~NeJl P. Galvinngaivin@21hgI.!lw,rom

NPG/rc

cc: S. MacGillivray, Esq.T. Scott, Esq.

STATE OF RHODE ISLANDNEWPORT, S.C.

DEC

CBOARD OF LICENSE COMMISSIONERS

INRE: Class BH & BTAlcoholic Beverage License transfer to 802 Partners, LLC

AFFIDAVITPursuant to RJ.G.L 3-5-19

I, Peter M. Borden, upon oath depose and say as follows:

1) Forty 10 North, LLC ("41 0 North") is a Rhode Island Limited Liability Company andholder ofa Class BH and BT alcoholic beverage license from the City ofNewport;

2) 802 Partners owns property located offThames Street known as 35 I Thames Street and14-16-20 Perry Mill Wharf(Plat 27, Lot 133);

3) 41 0 North operates two restaurants and a hotel on the 802 Partners property;

4) 802 Partners (which is neither the transferor nor transferee) has a dispute with BehanBros., Inc., the contracting company who built a portion ofthe buildings presently housingthe 41 0 North licensed premises;

5) 41 0 North has never had a contract with, nor has it engaged Behan Bros., Inc. to performany services or provide any goods, materials, or service in the operation ofthe alcoholicbeverage or food service conducted under the Class BH and BT licenses held by 41 0

North;

6) None ofthe claims made by Behan Bros., Inc. against 802 Partners were incurred in theoperation ofthe licensed premises;

7) 802 Partners has disputed the claim ofBehan Bros., Inc., and 802 Partners has a claim fordamages against Behan Bros., Inc. in excess of$1.9 million. Said dispute is the subject ofan ongoing Superior Court action entitled 802 Partners, LLC vs. Behan Bros.. Inc.NM2010-0526;

8) As the holder ofthe Class BH and BT alcoholic beverage licenses, but without anycontractual or legal obligation or responsibility for a debt allegedly owed to Behan Bros.,Inc. by 802 Partners, 41 0 North disputes the amount ofthe indebtedness and furtheraffirms that this affidavit/statement ofdispute is not interposed for the purposes ofinducing transfer ofthe BH and BT alcoholic beverage licenses held by 41 0 North.

STATE OF RHODE ISLANDCOUNTY OF NEWPORT

Subscribed to and sworn to before me this V~"-day ofDecember, 2011.

S:\TScott\CLIENTS\41 N011h 9413\9413.5 41 North - Hamilton\AFFIDAVIT - Peter M. Bordcn.wpd

.:::rAN. Jl5 ';"'0/tJ.., vu CT\J3'f,.


, liT:; j.\ ,L:I \1

! PY·"'i r/} l P5], t'

'\ Li ,J 'L

APPLICATION FOR TRANSFER OF ALCOHOLIC BEVERAGE tICENSE

DATE 1/3/12

Check Here That Applicant(s) has/have presented himself/herself at the B.C.!. Section of theNewport Police Department for fmgerprinting and a routine check has been completed. _

_----'E J

__~STOCK

BL BT x BV C D

x OWNERSHIP LOCATION

OTHER, Explain

Tropical Restaurant, Inc.

TEL. #

CLASS A _----'

TYPE OF TRANSFER

NAME OF TRANSFEROR__---= ---' _D/B/A Salas I

BUSINESS ADDRESS 341-343-345 Thames Street. ~- '.


NAME OF TRANSFEREE Thames Street Licenses, LLC

TEL.# not yet establishedD/B/A to be. determined

NEW LOCATION, if applicable__s_a_m_e _

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

DATE OR DATE COMMISSION EXPIRES IF NOTARY

Larry Silverstein, authorized memberPRINT NAME

biZ-i) /3TRANSFEREES URE

I elf/en.. (. f' t., ~WITNESS OF LICENSING BOARD OR NOTARY PUBLIC

;EE-;:;~-;~-=-~AT;;:D-~2iz:ceUse Only ~--------~-----~---- I 7

License Issued by: Date Issued: -------ACTION OF COUNCIL ACTION DATE, _

.App03Li'lllorl'l'ollsfer

i!-~;, (i '] II

Page 1 of2 STATE OF RHODE ISLAND lj-!~wport_,~vf BOARD OF LICENSING COMMISSIONERS : '. JAN 1 / 2012

APPLICATION FOR LICENSE FOR CORPORATION! OR LLC! - -- ..

RETAILER CLASS: I (J V I License Number: «Number_oeLicense»

IOWNERSHIP: ~u.a.N 5~ £,'~ J t..-l C-

D/B/A: lulu dt~,/

Premises;Y1-1Y~- 1, 'FC n~ >fy.e..vl

State - Incornorated: I fJ-! IDate oflncornoration: 1//'1>/1--... IBusiness Telephone No:I ~ ~ tI.,~./Name Address and Tel. # ofAll Officers (ifLLC, List Manager under President and change title to "Manager"':


President tWr/ 11 .z.), I "...t..~ie,;'" (/AA If' I t'l-.:J LIM.-t~~ <if, Ifl# -Jb(~~I v

3d;" ~.p , /'" II 2I2- 'I) 4~e)Vice·Pres.

Secretary

Treasurer

Mallmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. IfOther Please speCify below:

Name ofEach Director/Board Member Address

..r······················....···

L .

.....••••••••...••••••••......••••••.••..•..•••••••.•.•••••••••.......••••.••••••.....•.•••••••••...•...•.••.••••••.. j

. :

IfCorporation, Classes of Stock: Amount ofThis Class Authorized: Amount ofThis Class Issued:

lA-vyo., J (. I>/'?~'"I ..,. ~~ 6 h-...;. t-.-...b 1>[) f1.,'f1e4v:"l. k,lt/frt.j ~be-:ckv ;"'~I 5'7P ~"

J .Name Registered Stock Owners OR LLC Members w/%interest Class(es) of Stock Amount of Stock OR LLC.%

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

Filing Fee:~ Date Paid:I I License Fee: I IDate Paid: I IApproved by Council_________ Disapproved by Council ---,__


Liquor Application by Corporation Class «Class of License» # «Number of License» Entity: «ApplicationType».Lasl prilltcd 9/9/20 II ;,: 16 Pi\·1 tik nallle: UgJ IT.LCCOHYapl'i\:1erge.doc-

of2~"e.d.

STATE OF RHODE ISLAND Newport

I D/B/A iJ V ~~j

I

I

• For each yes and no question, please write in YES if yes or NO ifno.• Where necessary, use additional pages for explanations. --------------------,

Is any of the above stock pledged? IA/V I- If yes, provide details: .~---.!==================iIs .ap~lication on ~eh.alf of undisclosed[2]- Ifyes, give details: Iprmclpal or party m mterest? ,-_-=;-------r===i--------....JDoes Applicant Own premises?1 YtJ I-property Mortgaged? r> I I - Property Leased8-

If Mortgaged or Leased: Amount ofExtent: "prJ P, !t7v" If-L--!:...---'--~----------------...,

Name and Address of Mortgagee or Lessee: fr 4/ b ~./L!,.._=--'--~___,_-=--_,_---------------'

Have any ofthe applicants ever been arrested or convicted of a crime? I IV iJ I- If yes, explain: •

IIs any other business to be carried on in Licensed Premises? I Iv'IJ I- If yes, explain: •

I . IIs any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? I ;v'" ,- Ifyes, explain: •

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

>"/~~~ .V~~~~h...~·lul. _~ /0,State amount ofcapital invested in the business. >II, tn7 '" J'v &1

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

I hereby certif that the ab e st ements are true to the best of my knowledge and belief:~................ . . ~ I ;I,'~EfI'~ I....... ··si··~ture ~f APPli~~~t;·(se~·noi~·b~i~~)·····L7············~X········'" pate ~ture

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6 !~f/l'3WIT N E S S 0 f L ice n sin g Boa r d 0 r NOT A R Y PUB L I C Date Commission Expires (for Notary)

"NOTE: For new, transfer, expansion, or renewal the owner/sl must sign. In a corporation, the officers shouldsign; in an LLC, the "designated manager" and a member are to sign, We are no longer to accept the signatureof a manager or attorneY on behalf of the owner.I, Every qnestion on Application Form must be answered, Any false statement made by the Applicant will be sufficientgrounds for the denial of the application or the revocation of the license in case one has been granted.2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).3. Attention is called to the requirements of the 1963 amendment of Section 3-5-10 of the General Laws.

a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.b. Any acquisition by any person of more than ten percent (10%) of any class of corporate stock must be reported


to the licensing board subject to the procedures for a transfer of a license.

Liquor Application by Corporation Class «Class of License» # «Number of License» Entity: «ApplicationType»L.asi prilltcd 919t20 I J 2: 16 PM tik mllH~: Liqll I.LCCOHPflppMcrge.d(lc-

of2 ~,(LIQUOR LICENSE INFORMATION SHEET CONTINUED:

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i Business DIB/A: IV -0 ok~,/ IIs~;~~~N~~b~;R~f;·:iy;~·~;~·~·;~~· ..7i~··SW··i~t~EIi~···1.., , , , , , , ,,,., ,, ,.., " , ,." , " .. , , , , , , , ,.,

1ft his Is 3 r e new a I, don 0 teo m pie t e t his sid e 0 f for m·.

Do not complete this page ifyou are applying as a CLUB, I.e. CLASS D Liquor.

If this is a Corporation, only list the corporation information, not individuals.

If this is an Individual or Partnership, list owner(s).

If LLC, list members. Attach additional pages ifneeded.

Name ofCorporation or Date & Place of Birth State Tax ID ifOwners of LLC or (if not Corporation) Corporation orOwners iffudividnal or Partners. Social Security #

LA-rv~ 1. ), /trt-~~t''''' (o}z-.j, (' f!.~WlAt< )'/I}:) -ug 1& 5'"''3/''''pJv,;( •

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Name ofCorporation or Address of Corporation or Corporate orOwners ofLLC or Home Address if Owner & Home Phone #Owners if Individual or Partners. Home Address if Member

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AIR CONDITIONINMGREFRIGERATION ANDELECTRICAL SERVICE

Dond103 Forest Avenue·

January 6, 2012

SonsrOde Island 02842

(401) 846-0110EVENINGS: (401) 683-0701

FAX: (401) 846-8816

Kathleen M. SilvaCity Clerk43 BroadwayNewport, RI 02840

Re: Salas Restaurant-343 Thames St.-Newport, RI 02840

Dear Kathleen M. Silva:

Please do not transfer liquor license for SalasRestauran't uhtil the full· atnount of $1,881.51 has beenpaid in full to Don Jestings & Sons LLC for servicesrendered.

Copy of statement enclosed.

Thanking you in advance, I remain,

Yours truly,

j)~A.J1A~~Donald Paul Jest~ ~Don Jestings & Sons LLC

DPJ: ldEne.

NAME

ADDRESS

CITY

Salas Restaurant343 Thames Street

Newport,RI 021340

.., .' ,I.

. - -- ---- ...-_.----_.._-------.-_ ...__..

q~Y' Svc. -'JJ ge;/

.- -DATE DESCRIPTION DEBIT CREDIT BALANCE

- $3,b55.42Balance forward

7-2\J-ll 7-12 1413.135 $3,1304.2715-1-11 7-13 135.()O 7-25 1~O.37 275.37 :p4,07~.b"

8-17-11 8-15 b5 00 $4,144.b4

R-?S-11 #14800 2,000.00 $2,144.64..

1-5-12 #14907 400.00 $1,744.64

1-6-12 1-5 136.87 $1,881. 51

-

.,

Jan 13 12 09:48a Microsoft

PAUL J. PISANOAttorney

401·464·6358 p.2

January 13,2012

City Council Sitting as Boardof License Commissioners

Newport City Hall43 BroadwayNewport, Rl 02840

Fax: 848.5750

Gentlemen:

{ ",-."." <._-._- ,,!

.J,.

J --.. '""-""

I,I

! ,

'Z101, Ic I NVf' /c ,,

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:

In accordance with the provisions ofSection 3-5-19 ofthe General Laws of Rhode Island (1956),as amended, please be advised that objection is hereby made to the liquor license transfer ofTropical Restaurant, Inc" d/b/a Salas, hearing date January 25, 2012, for the reason that saidSalas is indebted as follows;

Johnston Brothers $ 1,501.38

Tbe above indebtedness was incurred in the operation of the premises at 341-343-345 ThamesStreet, Newport, RI. In accordance with the above-quoted statute, it is respectfully requested thatthe said license not be transferred lUlless the indebtedness is paid in full.

verY;~J!Y yours,.~

{}J!I-~Piiul J. Pisano, Esq.

235 Cowesett Road • Warwick, Rhode Island 02886 • Tel: (40 l) 881--8850 • [email protected]

Communication #4947/12Docket Date: January 25,2012

City ofNewportREQUEST FOR ACTION BY CITY COUNCIL, SITTING AS



Staff Presentation:

RECOMMENDATION:

Chairman Walnk and Members of the Board of License CommissionersJane Howington, City Manager\l (I.\-Jannary 17, 2012 (JShow Canse Hearing: Slippery Slopes Spirits, LLC, d/b/a Spring Street SpiritsViolation of the Conditions of the Class A Alcoholic Beverage License - Failnreto Receive Clearance from the Rl Division of TaxationCity Solicitor's Office

It is recommended that the licensee show cause as to why their Class A liquor license should not be suspended orrevoked, or a fine imposed, for the apparent violations of the Rules and Regulations of the Liquor Control Section of theRl Department of Business Regulation and/or the Rules and Regulations of the Board ofLicense Commissioners and theCodified Ordinances of the City of Newport.


The licensee, Slippery Slopes Spirits, LLC, d/b/a Spring Street Spirits, has failed to meet the conditions of the Council ingranting renewal of the Class A Alcoholic Beverage License for the period of December I, 20 II through December I,2012 because of the licensee's failure to receive clearance from the Rl Division ofTaxation.


FISCAL IMPACT_ Currently Budgeted (Account, -') _ Requires additional appropriation --X No Fiscal Impact

SUPPORTING DOCUMENTSComplaint served January 3,2012

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

CITY OF NEWPORTBOARD OF LICENSE COMMISSIONERS

Joseph J. Nicholson, Jr. in hiscapacity as City Solicitor

vs.

Slippery Slopes Spirits, LLCd/b/a Spring Street SpiritsMichael Johnson, President137 Spring St., Unit S-lNewport, Rhode Island

COM P L A I N T

JOSEPH J. NICHOLSON, JR., in his capacity as City Solicitorof the City of Newport, hereby complains that the above-namedliquor licensee been operating without a Class A alcoholicbeverage license and has violated the following statutory and/orregulatory provisions of the General Laws of Rhode Island, theRegulations of the Liquor Control Administrator, and/or the Rulesand Regulations of the Board of License Commissioners of the Cityof Newport in the following specifications:

Said licensee has been operating without a Class A alcoholicbeverage license and has failed to meet the provisions ofSection 3-5-1 of the Rhode Island General Laws, and Sections5.12.010 and 5.12.020 of the Codified Ordinances of the Cityof Newport for the issuance of its Class A alcoholicbeverage licenses by:

1) failing to receive clearance from the RI Division ofTaxation.

WHEREFORE, the City Solicitor requests the Board of LicenseCommissioners to take such action against the liquor license ofthe defendant licensee as the Board of License Commissionersdeems fair and just.

Joseph J. :Nicholson, Jr.City'Solicitor

CITY OF NEWPORT


TO: Slippery Slopes Spirits, LLCd/b/a Spring Street SpiritsMichael Johnson, President137 Spring St., Unit S-lNewport, Rhode Island

Please take notice that the within Complaint will be calledfor hearing before the Board of License Commissioners of the Cityof Newport in the Council Chamber of Cit,y Hall on the 25th day ofJanuary, 2012, at 6:30 p.m., or as soonlt~eneafter as the mattermay be heard. .. !.

,I

./ :/

Joseph J. Nicholson, Jr.City Solicitor

C E R T I F I CAT E

I, tlJ/"/;/D;jitL }/04hl , hereby certify that on the~ Ii

~ day of J4~4<c7 1012, I hand-delivered a true copy of

the foregoing Complaint to ~Ghc~1 ']h~f~r in his/her

capaci ty as ffc?Ji'le/lri at the above-named

establishment.

Police Officer Badge No.

PLEASE RETURN THIS FORM TO THE CITY CLERK


City of NewportREQUEST FOR ACTION BY CITY COUNCIL, SITTING AS



Staff Presentation:

RECOMMENDATION:

Chairman Waluk and Members of the Board of License CommissionersJane Howington, City Manager ""~January 17, 2012 UShow Cause Hearing: Billy Goode Company, Inc., d/b/a Billy Goode'sViolation of the Conditions of the Class BV Alcoholic Beverage LicenseFailure to Receive Clearance from the Rhode Island Department of Taxation,Failure to Pay Renewal Fees (Plus Penalties for said Alcoholic Beverage andVictualing Licenses, Failure to Receive Clearance from the Newport TaxCollector, and Failure to Submit Current Certificates of Liability Insuranceand Workers' Compensation InsuranceCity Solicitor's Office

It is recommended that the licensee show cause as to why their Class BV liquor license should not be suspended orrevoked, or a fine imposed, for the apparent violations of the Rules and Regulations of the Liquor Control Section of theRI Department ofBusiness Regulation and/or the Rules and Regulations of the Board of License Commissioners and theCodified Ordinances of the City ofNewport.


The licensee, Billy Goode Company, Inc., d/b/a Billy Goode's, has failed to meet the conditions of the Council ingranting renewal of the Class BV Alcoholic Beverage License for the period ofDecember I, 2011 through December I,2012 because of the licensee's failure to receive clearance from the Rhode Island Department ofTaxation, failure to payrenewal fees (plus penalties) for said alcoholic beverage and victualing licenses, failure to receive clearance from theNewport Tax Collector, and failure to submit current certificates of liability insurance aud workers' compensationinsurance.


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

SUPPORTING DOCUMENTSComplaint served January 3, 2012



Joseph J. Nicholson, Jr., in hiscapacity as City Solicitor

vs.

Kevan J. CampbellPresidentBilly Goode Company, Inc.d/b/a Billy Goode's29 Marlborough StreetNewport, Rhode Island

COM P L A I N T

JOSEPH J. NICHOLSON, JR., in his capacity as City Solicitorof the City of Newport, hereby complains that the above-namedliquor licensee has violated the following statutory and/orregulatory provisions of the General Laws of Rhode Island, theRegulations of the Liquor Control Administrator, and/or the Rulesand Regulations of the Board of License Commissioners of the Cityof Newport in the following specifications:

Said licensee has been operating since December 1, 2011,without an alcoholic beverage license and victualinglicense, and failed to meet the provisions of Section 3-5-1of the Rhode Island General Laws, and Section 5.04.040;5.04,050; 5.12,010; and 5.12.020, Paragraph C-4, of theCodified Ordinances of the City of Newport for the issuanceof its Class BV alcoholic beverage licenses by:

1) failing to receive clearance from the RI Division ofTaxation;

2) failing to pay renewal fees (plus penalties) for saidalcoholic beverage and victualing licenses;

3) failing to receive clearance from the City of NewportTax Collector;

4) failing to submit current certificates of liabilityinsurance and worker's compensation insurance.

WHEREFORE, the Director of Public Safety requests the Boardof License Commissioners to take such action against the liquorlicense of the defendant licensee as the Bo?rg of LicenseCommissioners deems fair and just. !\

I

Joseph J: Nicholson, Jr.City Solicitor

CITY OF NEWPORT


TO: Kevan J. CampbellPresidentBilly Joode Company, Inc.rl/h/~ S~lly Goode's29 Marlborough StreetNewport, Rhode Island

Please take notice that the within Complaint will be calledfor hearing before the Board of License,.fommissioners of the Cityof Newport in the Council Chamber of Ci~y Hall on the 25th day ofJanuary, 2012, at 6:30 p.m., or as soon'thereafter as the mattermay be heard. !

JosephJ. Nicholson, Jr.City Solicitor

C E R T I F I CAT E

his/herin

at the above-named

the foregoing Complaint to

capacity as ~~e~(------establishment.

I, ,-",-,\\cu:+ ~~L~~~~ , hereby certify that on the

~(o( day Of~:f L.!>1'2.- , I hand-delivered a true copy of

jhot1lG? 6~f!J---V\_

Police Officer Badge No. L(~S-


Communication #4949/12Docket Date: January 25, 2012

.;s ·1;J;~

~."




Staff Presentation:

RECOMMENDATION:

Cbairman Waluk and Membersof the Board of License CommissionersJane Howington, City Manager~ b1January 17, 2012 ()Show Cause Hearing: NWPT, Inc., d/b/a One Eighty - Violation of theConditions of the Class BV Alcoholic Beverage License -Failure to ReceiveClearance from the Rhode Island Department of Taxation, Failure to ReceiveClearance from the Newport Tax Collector, and Failure to Receive Clearancefrom the Newport Fire DepartmentCity Solicitor's Office

It is recommended that the licensee show cause as to why their Class BV liquor license should not be suspended orrevoked, or a fine imposed, for the apparent violations of the Rules and Regulations of the Liquor Control Section of theRJ Department ofBusiness Regulation and/or the Rules and Regulations of the Board ofLicense Commissioners and theCodified Ordinances of the City ofNewport.


The licensee, NWPT, Inc., d/b/a One Eighty, has failed to meet the conditions of the Council in granting renewal of theClass BV Alcoholic Beverage License for the period of December I, 2011 through December I, 2012 because of thelicensee's failure to receive clearance from the Rhode Island Department of Taxation, failure to receive clearance fromthe Newport Tax Collector, and failure to receive clearance from the Newport Fire Department.


FISCAL IMPACT_ Currently Budgeted (Account. ~) _ Requires additional appropriation...x No Fiscal Impact

SUPPORTING DOCUMENTSComplaint served January 3;2012




vs.

Lawrence E. Newsome, PresidentNWPT, Inc.d/b/a One Eighty8-10 BroadwayNewport, Rhode Island

COM P L A I N T


Said licensee failed to meet the provisions of Section 3-5-1of the Rhode Island General Laws, and Sections 5.04.040;5.12,010; and 5.12.020, Paragraph C-4, of the CodifiedOrdinances of the City of Newport for the issuance of itsClass BV alcoholic beverage licenses by:

1 ) failing to receive clearance from the RI Division ofTaxation;


3) failing to receive clearance from the Newport FireDepartment.;


Joseph J. Nicholson, Jr.City Solicitor

· ,

CITY OF NEWPORT


TO: NWPT, Inc.Lawrence E. Newsome, Presidentd/b/a One Eighty8-10 BroadwayNewport, Rhode Island

Please take notice that the within Complaint will be calledfor hearing before the Board of License Commissioners of the Cityof Newport in the Council Chamber of City Hall on the 25th day ofJanuary, 2012, at 6:30 p.m., or as soo~ thereafter as the mattermay be heard.

Joseph J: Nicholson, Jr.City Solicitor

at the above-named

, I hand-delivered a true copy of

in his/her

I CAT EC E R T I F

I, ~~~~ , hereby certify that on the

~(J.. day of 0'--1 ?on..the forego i ng Comp'r a int to ~1=--'--"~-'-NuJ-,,--=----~-=-=-,---=-~

capacity as -'-~'+~~ _

establishment.


/1tJ{



City ofNewportREQUEST FOR ACTION BY CITY COUNCIL, SITTING AS

BOARD OF LICENSE COMMISSIONERS..1'0:From:Date:Subject:

Staff Presentation:

RECOMMENDATION:

Chairman Waluk and Members of the Board of License CommissionersJane Howington, City Manager ~\\January 17, 2012Show Cause Hearing: Carter, LL ,d/b/a Speakeasy Bar and Grill- Violationof the Conditions of the Class BV Alcoholic Beverage License -Failure toReceive Clearance from the Newport Fire DepartmentCity Solicitor's Office

It is recommended that the licensee show cause as to why their Class BV liquor license should not be suspended orrevoked, or a fme imposed, for the apparent violations of the Rules and Regulations of the Liquor Control Section of thelU Department ofBusiness Regulation and/or the Rules and Regulations of the Board of License Commissioners and theCodified Ordinances of the City ofNewport.

:BACKGROUND AND FINDINGS:

'I'he licensee, Carter, LLC, d/b/a Speakeasy Bar and Grill, has failed to meet the conditions of the Council in grantingrenewal of the Class BV Alcoholic Beverage License for the period of December I, 2011 through December I, 2012because of the licensee's failure to receive clearance from the Newport Fire Department.


FISCAL IMPACT_ Currently Budgeted (Account. -.J) _ Requires additional appropriation...x. No Fiscal Impact

SUPPORTING DOCUMENTSComplaint served January 3,2012

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

,(~ ('

j1"



vs.

Carter, LLCd/b/a Speakeasy Bar and GrillMichele Carter, President250 Thames StreetNewport, Rhode Island

COM P L A I N T

JOSEPH J. NICHOLSON, JR., in his capacity as City Solicitorof the City of Newport, hereby complains that the above-namedliquor licensee been operating without a Class BV alcoholicbeverage license and has violated the following statutory and/orregulatory provisions of the General Laws of Rhode Island, theRegulations of the Liquor Control Administrator, and/or the Rulesand Regulations of the Board of License Commissioners of the Cityof Newport in the following specifications:

Said licensee failed to meet the provisions of Section 3-5-1of the Rhode Island General Laws, and Sections 5.04,020 and5.12,010 of the Codified Ordinances of the City of Newportfor the issuance of its Class BV alcoholic beverage licensesby:

1) failing to receive clearance from the Newport FireDepartment.;

WHEREFORE, the City Solicitor requests the Board of LicenseCommissioners to take such action against the liquor license ofthe defendant licensee as the Board of Lice~se Commissionersdeems fair and just. '

Joseph J. 'Nicholson, Jr.City Solicitor

CITY OF NEWPORT


TO: Carter, LLCd/b/a Speakeasy Bar and GrillMichele Carter, President250 Thames StreetNewport, Rhode Island

Please take notice that the within Complaint will be calledfor hearing before the Board of License Commissioners of the Cityof Newport in the Council Chamber of City Hall on the 25th day ofJanuary, 2012, at 6:30 p.m., or as soon thereafter as the mattermay be heard. j

Joseph J. N:cho~:Jn,City Soli6itor '

Jr.

/

C E R T I F I CAT E

~~~~~'~~~~~~~~~~~/O~~~h/~ , hereby certify that on the

the foregoing

oftrue'copy

his9in

at the above-named

201{) 0/7&<;ry{

Complaint to Il/ic4i'~

()tv/ler ,/;J-eu4/-

I,

;J?tJ day of

capacity as

establishment.

Police Officer Badge No.r?Z






Staff Presentation:

RECOMMENDATION:

Chairman Waluk and Members of the Board of License CommissionersJane Howington, City Manage~\\-January 17, 2012Show Canse Hearing: Vader, L C, d/b/a H20 - Violation of the Conditions ofthe Class BV Alcobolic Beverage License - Failure to snbmit a Certificate ofGood Standing from the Secretary of State, Failnre to Receive Clearance fromthe Rhode Island Division of Taxation, Failnre to Receive Clearance from theNewport Tax Collector, Failnre to Receive Clearance from the Newport FireDepartment, Failnre to Snbmit Verification of alcobol Server Training, andFailure to Provide Current Certificates of Liability Insurance and Workers'Compensation InsnranceCity Solicitor's Office

It is recommended that the licensee show cause as to why their Class BV liquor license should not be suspended orrevoked, or a fine imposed, for the apparent violations of the Rules and Regulations of the Liquor Control Section of theRI Department ofBusiness Regulation and/or the Rules and Regulations of the Board of License Commissioners and theCodified Ordinances of the City of Newport.


The licensee, Vader, LLC, d/b/a H20" has failed to meet the conditions of the Council in granting renewal of the ClassBV Alcoholic Beverage License for the period ofDecember I, 2011 through December 1,2012 because of the licensee'sfailure to submit a Certificate of Good Standing from the Secretary of State, failure to receive clearance from the RhodeIsland Division of Taxation, failure to receive clearance from the Newport Tax Collector, failure to receive clearancefrom the Newport Fire Department, failure to submit verification of alcohol server training, and failure to provide currentcertificates of liability insurance and workers' compensation insurance.


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

SUPPORTING DOCUMENTSComplaint


,,



vs.

Thomas E. Whittington, PresidentVader, LLCd/b/a H20359 Thames StreetNewport, Rhode Island

COM P L A I N T


Said licensee failed to meet the provisions of Section 3-5-1of the Rhode Island General Laws, and Section 5.04.040;5.04,050; 5.12,010; and 5.12.020, Paragraph C-4, of theCodified Ordinances of the City of Newport for the issuanceof its Class BV alcoholic beverage licenses by:

1) failing to submit a Certificate of Good Standing fromthe Secretary of State;

2) failing to receive clearance from the RI Division ofTaxation;


4) failing to receive clearance from the Newport FireDepartment;

5) failing to submit verification of alcohol servertraining;

6) failing to provide current certificates of liabilityand worker's compensation insurances.


7Joseph 'J. Nicholson, Jr.City Solicitor

CITY OF NEWPORT


TO: Vader, LLCThomas F. Whittington, Presidentd/b/a H20359 Thames StreetNewport, Rhode Island

Please take notice that the within Complaint will be calledfor hearing before the Board of License Commissioners of the Cityof Newport in the Council Chamber of City Hall on the 25th day ofJanuary, 2012, at 6:30 p.m., or as soon th~reafter as the mattermay be heard. . I

IJoseph J ..Nicholson, Jr.City Solicitor

C E R T I F I CAT E

I, ___________________________ , hereby certify that on the

day of , I hand-delivered a true copy of---------

the foregoing Complaint to

capacity as

establishment.

in his/her

at the above-named



council-01-25-12

Documents

eident sports

objection

crmc public

license commissionerslicenses

mayor waluk

newport ri

special event

seconded bycommissioner