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CITY OF NEWPORT

DOCKET OF THE COUNCIL MEETING
JANUARY 25, 2012
Recognition of Student Designers of the 2011 City Christmas Card, 2012 City of
Newport Resident Parking Sticker and 2012 Easton Beach Parking Sticker
2011 City Holiday Card
By 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
*l
st
Place: Kayla Fleming, age 10, Coggeshall School *l
St
Place: Benjamin Adams, age 9, home schooled
2"d Place: Colin Mccabe, age 10, Underwood School 2"d Place: Cailin Martin, age 9, Coggeshall School
3
rd
Place: Cailin Martin, age 9, Coggeshall School 3
rd
Place: Katherine Straka, age 9, Coggeshall School
********************************
The following items of business, filed with the City Clerk under the Rules ofthe
Council, will come before the Council at its regular meeting to be held on
January 25, 2012, at 6:30 p.m.
PLEDGE OFALLEGIANCE TO THE FLAG
CITIZEN'S FORUM: (Speakers must sign in with the City Clerk). The Citizen's
Forum period shall be no longer than fifteen minutes and citizens may address the
Council on one subject only and for no longer than three minutes. Issues to be
discussed shall not include matters to be considered or discussed as part ofthe regular
council agenda and must be related to substantive city business. No comments
regarding personnel or job performance are allowed.
It is the practice of the Council to meet at 6:20 p.m. in the second-floor Conference Room to discuss docket items. The
public is invited to attend. The docket, along with all suppOlting documents, can be viewed on the City ofNewport
website: 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 ofthe
Council 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 THE
NEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPON
NOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCE
OF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUST
NOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.
DOCKET OF THE COUNCIL
January 25, 2012
Page 2
1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY
UNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED
SUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)
a. Minutes of the 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, beginning
at Rogers High School and ending at Murphy Field (route attached
to application).
2) Eident Sports Marketing, d/b/a Arnica Marathon and Half-
Marathon; October 14,2012, from 6:00 a.m. to 4:00 p.m.;
beginning and ending at Easton's Beach (route attached to
application).
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. at
Wyndham Long Wharf Resort , 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 of Newport 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 and
order advertised for hearing on Feb. 8,2012)
1. CRMC Public Notice, File No. 2011-12-051, Application of Harbour
Realty, LLC, Waite's Wharf, for an Assent to construct and maintain
exterior deck addition to existing docket. (Receive and refer to Planning
Board and Waterfront Commission for comment.)
DOCKET OF THE COUNCIL
January 25, 2012
Page 3
J. CRMC Public Notice soliciting comments on a petition to reclassify a
portion ofthe Matunuck shoreline to "Manmade Shorelines. (Receive)
k. Annual Reports: (Receive)
1) Cliff Walk Commission
2) Newport Tree & Open Space Commission
LICENSES & PERMITS
2. Application ofNDC Enterprises, d/b/a Norey's, 156 Broadway, for an Annual
Class A (indoor) Entertainment License. (First Hearing)
3. Application of@TheDeck, LLC, d/b/a @ The Deck, 1 Waite's Wharf, to
expand its Class A & B Entertainment License by increasing the maximum
decibel level, from 65 to 75. (First Hearing)
-- Letters of Objection (to Items 3, 4 and 5)
a) John Nicolace, 16 Coddington Wharf
b) Chandler Hovey, 11 Kirwin's Lane
c) Mike and Marion Maroney, 13 Coddington Wharf
d) Caryn Johnston Leahy, David Leahy, 26 Coddington Wharf, #IN, #lS
4. Application of Dockside North, d/b/a Riptides, 25 Waite's Wharf, Unit B, to
expand its Class A & B Entertainment License by increasing the maximum
decibel level, from 65 to 75. (First Hearing)
5. Application of Waite's Wharf Grille, LLC, d/b/a The Boat Dockside, 25 Waite's
Wharf, Unit A, for a Class B (outdoor) Entertainment License to allow
entertainment on the 30' x 90' Pier off the west side of the building. (First
Hearing)
6. Victualing License, New, Jamie Aguiar and Kaisa Kempenaar, d/b/a Shape-up
Newport, 6 Broadway.
7. Application for a Victualing License, Thames Street Licenses, LLC, d/b/a to be
determined, 341-343-345 Thames St, first and second floors (in conjunction with
transfer 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 COUNCIL
January 25, 2012
PageS
BOARD OF LICENSE COMMISSIONERS
LICENSES & PERMITS
1. Application of Forty 1
0
North, LLC, d/b/a 41
0
North, holder of a Class BT
alcoholic beverage license, through its sole members, Peter M. Borden and
George W. Moore, to transfer 100% of the membership interest in Forty 1
0
North, LLC to 802 Partners, LLC, whose members are Dorrance H. Hamilton
(97%) and PGEM, LLC (3%), whose sole members are Peter M. Borden and
George W. Moore. (Hearing; continued from December 14,2011)
• Communication from Neil P. Galvin, Esq., re: Bill ofIndebtedness of Behan
Bros., Inc., in the amount of$I,619,502.39.
• Communication from Neil P. Galvin, Esq., withdrawing the objection of
Behan Bros., Inc., to the transfer of the liquor license.
2. Application of Forty 1
0
North, LLC, d/b/a 41
0
North, holder of a Class BH
alcoholic beverage license, through its sole members, Peter M. Borden and
George W. Moore, to transfer 100% ofthe membership interest in Forty 1
0
North, LLC to 802 Partners, LLC, whose members are Dorrance H. Hamilton
(97%) and PGEM, LLC (3%), whose sole members are Peter M. Borden and
George W. Moore. (Hearing; continued from December 14, 2011)
• Communication from Neil P. Galvin, Esq., re: Bill ofIndebtedness of Behan
Bros., Inc., in the amount of$I,619,502.39.
• Communication from Neil P. Galvin, Esq., withdrawing the objection of
Behan 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 to
Thames Street Licenses, LLC, d/b/a to be determined, for the same premises.
(Hearing)
• Claims
Don Jestings & Sons: $1,881.51
Johnston 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 Alcoholic
Beverage License - Operating Without a Current License.
DOCKET OF THE COUNCIL
January 25, 2012
Page 6
5. Communication #4948/12, re: Show Cause Hearing - Billy Goode Company,
Inc., d/b/a Bill Goode's; Violation of Conditions of Class BV Alcoholic
Beverage License and Operating without a Current License
6. Communication #4949/12, re: Show Cause Hearing - NWPT, Inc., d/b/a One
Eighty; Violation of Conditions of Class BV Alcoholic Beverage License and
Operating Without a Current License
7. Communication #4950/12, re: Show Cause Hearing - Carter, LLC, d/b/a
Speakeasy Bar and Grill; Violation of Conditions of Class BV Alcoholic
Beverage 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 Operating
Without a Current License
ADJOURN
Kathleen M. Silvia
City Clerk
January 18,2012
CITY OF NEWPORT
MINUTES OF THE COUNCIL MEETING
HELD JANUARY 11, 2012
The following items of business, filed with the City Clerk under the Rules ofthe Council, came
before 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. DUNCAN
KATHRYN E. LEONARD
JUSTIN S. MC LAUGHLIN
JEANNE-MARIE NAPOLITANO
NAOMI NEVILLE
STEPHEN C. WALUK, MAYOR
HENRY F. WINTHROP
1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL
REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-
80 AND #98-40.)
a. Minutes ofthe December 14,2011, Council Meeting (Approve)
b. Special Event Licenses:
1) Middletown Education Collaborative, d/b/a Winter Blues Bash; Salve Regina
University 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 - Jewelry
Show; Elks Lodge, 141 Pelham Street, January 21, 2012, from 10:00 a.m. to
4:00p.m.
3) Museum of Newport Irish History, d/b/a "Irish Eyes" Benefit Gala; Salve
Regina University, Ochre Court, February 28, 2012, from 6:30 p.m. to 10:00
p.m.
c. Mechanical Amusement Device License, Renewals:
1) Atlas Vending, Inc., pool table at Newport Mall Laundry, 199 Connell Hwy.
2) Friendly Sons of Newport, Inc, Social Club, 3-5 Farewell St., pool table
3) Newport Music Co., jukebox at The Protective Club, 594 Thames St.
d. Tattooing Parlor License, Renewal, Anchor Steam, Inc., d/b/a Anchor Steam Tattoo
Gallery, 44 Broadway
e. Victualing License, Renewal, The Sailor's Sweet Tooth, Inc., d/b/a Kilwin's
Chocolates & Ice Cream, 262 Thames St.
f. Communication from Dennis P. Sullivan, Chair, St. Patrick's Day Parade, asking that
only 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 Committee
2) Affirmative Action Commission
3) Energy & Environment Commission
4) Newport Film Commission
5) Newport Substance Abuse Prevention Task Force
MINUTES OF THE COUNCIL MEETING
HELD JANUARY I 1,2012
Page 2
6) Zoning Board of Review
I. CRMC Meeting Notice on the City of Newport Application (File No. (2010-05-070)
for an Assent for a Public "Touch and Go" Boating Facility - Jan. 24,2012, at 6:00
p.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 at
10 Jeffrey Road. (Receive)
k. CRMC Public Notice, File No. 2011-12-002, Application of Driftwood Condominium
Association for an Assent to construct a boating facility
consisting of a timber pier, ramp and floating dock. (receive and refer to Planning
Board and Waterfront Commission for comment)
I. CRMC Notice of Intent to change management plans, policies, procedures and
regulations regarding planning and management of coastal resources. (Receive)
m. Claims: (Receive and refer to City Solicitor)
1) Sharon Felker
2) Cassandra L. Fenn
3) Randolph W. Wicks
COUNCILOR MC LAUGHLIN moved the Consent Calendar be adopted. Seconded by
COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
LICENSES & PERMITS
2. Application ofN.A.J. Associates, LLC, d/b/a The Pier Restaurant, for a Victualing License at
I West Howard Wharf and outdoor patios on the north and west sides of the building, in
conjunction with the transfer of the liquor license of The Pier of Newport, LLC. (Continued
from Dec. 14,2011)
MAYOR WALUK moved approval of withdrawal ofthe application. Seconded by COUNCILOR
WINTHROP and VOTED UNANIMOUSLY.
3. Application ofN.A.J. Properties, LLC, d/b/a The Pier Restaurant, for a Victualing License at I
West Howard Wharf and outdoor patios on the north and west sides ofthe building, in
conjunction with the transfer ofthe liquor license of The Pier of Newport, LLC.
MAYOR WALUK moved the application be continued to March 28, 2012. Seconded by
COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
4. Application of Farahnaz Shobeiri, d/b/a Genie's Hookah Lounge, 94 William St., to expand
her Victualing License to a 19' by 21' outside patio on the north side ofthe building.
MAYOR WALUK moved the expansion be approved. Seconded by COUNCILOR WINTHROP and
VOTED UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
HELD JANUARY 11, 2012
Page 3
COMMUNICATIONS AND PETITIONS
5. Request of Annette Bourbonniere, Chair, Accessibility Advisory Committee, to address the
Council on the Committee's Annual Report.
ANNETTE BOURBONNIERE addressed the Council on the Committee's Annual Report (item I-h-
1). She said the Committee is willing to assist the City in complying with the directives of the
Department of Justice; and, noting that Newport is a tourist community and large upcoming summer
events, she said accessibility needs to be improved rather than ignored.
COUNCILOR MC LAUGHLIN moved the communication be received. Seconded by COUNCILOR
NAPOLITANO and VOTED UNANIMOUSLY.
6. APPOINTMENTS TO BOARDS AND COMMISSION
MAYOR WALUK moved Melissa A. Pattavina, Richard B. Rudd, Patrick M. Sweeney be appointed
to the PLANNING BOARD. Seconded by COUNCILOR WINTHROP and VOTED
UNANIMOUSLY.
MAYOR WALUK moved Corey Bobba be reappointed to the PLANNING BOARD. Seconded by
COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.
MAYOR WALUK moved Mark Whitcher be appointed to the TRUST AND INVESTMENT
COMMISSION. 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 ofthe 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 and
VOTED UNANIMOUSLY.
9. Requesting the establishment of a "Model Employee Development Plan" - C. Duncan
COUNCILOR DUNCAN read the resolution and moved for its adoption. Seconded by
COUNCILOR MC LAUGHLIN.
MINUTES OF THE COUNCIL MEETING
HELD JANUARY 11,2012
Page 4
FRANK LANDRY, President, Local 911, Council 94, AFSCME, thanked the Council, and said he
also 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," Section
10.20.210, "Meter Charges," to increase the parking meter rate to $1.25/hour, and a reserved
meter space to $30/day.
MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILOR
MC 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 accompanying
resolution adopted. Seconded by COUNCILOR NEVILLE.
COUNCILOR LEONARD asked if the concerns cited in the memorandum from former city manager
Edward Lavallee had been addressed; CITY SOLICITOR JOSEPH J. NICHOLSON, JR., said they
had 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 School
Street, between Church and Mary Streets (with accompanying ordinance - continued from
12/14/11)
• Memorandum from Eric J. Earls, City Engineer, re: Interdepartmental Traffic Committee
Review
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
ordinance adopted on first reading. Seconded by COUNCILOR LEONARD.
COUNCILOR WINTROP said he would not support the ordinance as he was opposed to 24-hour
sticker parking; he said approval of this 24-hour regulation on School Street would only lead to
requests for more and more streets to be included. COUNCILOR NEVILLE cited the memorandum
from 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's
concerns. He said he would support the ordinance but would like a formal request made to the
Planning 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 MEETING
HELD JANUARY II, 2012
PageS
a total analysis of the sticker parking program has never been done. She said a determination needs to
be made on how many parking spaces the city can accommodate, and noted some communities in
other areas implement sticker parking by zone. COUNCILOR DUNCAN said he had been opposed
to granting this request but since the ITC now recommends approval he will support it. He said he
agreed with Councilor Neville's recommendation to have the ordinance reviewed by the Planning
Board and Department. COUNCILOR NAPOLITANO said she would also support the ordinance
because the neighbors have been before the Council several times and do meet the criteria. She
applauded Councilor Neville's suggestion to have sticker parking reviewed by the Planning
Department, and added that she believed sticker parking allows for more on-street parking for
residents. COUNCILOR MC LAUGHLIN noted that the ITC made several points, such as higher
penalties for violations and more directional signage to parking lots. He said he would like the
request for review of sticker parking to go to the Planning Board and Department now since the
regulation 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 - Contract
for 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 Plants-
Assistant Water Treatment Superintendent
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR WINTHROP.
COUNCILOR LEONARD said it was her understanding that two foreman positions would be
eliminated with the creation ofthis position, and that the change is being made because of RIDEM
requirements. CITY SOLICITOR NICHOLSON concurred and said the change was basically
expense-neutral.
The motion to approve was VOTED UNANIMOUSLY.
15. Communication #4940/12, re: Proposal Award for Design Consultant Support for RI
Department of Health for Design-Build of Newport Water Treatment Plants
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO.
MINUTES OF THE COUNCIL MEETING
HELD JANUARY 11,2012
Page 6
COUNCILOR LEONARD said she had no problem with awarding the contract because the planned
work is required by RIDEM, US-EPA, and others, but noted that it will cost the Newport rate payers
around $85 million, while the Federal Government is spending money for infrastructure
improvements all over the world. COUNCILOR MC LAUGHLIN noted that Newport's Senator
Sheldon Whitehouse had recently addressed Congress concerning the need for Federal support to
assist communities in making needed water infrastructure improvements.
The motion to approve was VOTED UNANIMOUSLY.
16. Communication #4941/12, re: Bid Award for Building Permit Inspections
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying
resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
6:59 p.m. ADJOURNED AS COUNCIL AND CONVENED AS BOARD OF LICENSE
COMMISSIONERS
BOARD OF LICENSE COMMISSIONERS
LICENSES & PERMITS
I. WITHDRAWN: Application of The Pier of Newport, LLC, d/b/a The Pier, I West Howard
Wharf, and outdoor patios on the north and west sides of the building, to transfer its Class BV
alcoholic beverage license to N.AJ. Associates, LLC (Vincent Sandonato, sole stockholder)
for the same premises. (Continued from Dec. 14,2011)
CHAIRMAN WALUK moved withdrawal ofthe application be approved. Seconded by
COMMISSIONER WINTHROP and VOTED UNANIMOUSLY.
2. Application of The Pier of Newport, LLC, d/b/a The Pier, I West Howard Wharf, and
outdoor patios on the north and west sides of the building, to transfer its Class BV alcoholic
beverage license to N.A.J. Properties, LLC (Vincent Sandonato, sole stockholder) for the
same premises. (Hearing)
CHAIRMAN WALUK moved the hearing be continued to March 28,2012. Seconded by
COMMISSIONER WINTHROP and VOTED UNANIMOUSLY.
7:00P.M. ADJOURNED
Kathleen M. Silvia
City Clerk
-Id---
City ofNewport, Rhode Island ;
APPLICATION FORA SPECIAL EVENT LICEN$E
DATE: /...L1_
1
_
1
_1_1_"'2 _
Rogers HS
EVENT TITLE/TYPE:
I
Newport RI St. Patrick's 4 Miler
==============================
LOCATION OF EVENT: I
,
================================
Saturday March 17. 2012
Date(s) ofEvent:
Hours of Event:
I
9:45AM-12 PM
-------
Holder ofEvent & DBA:
Eident Sports Marketing
Signature
Printed Name: Brewer Rowe Title: Executive VP
Address of Holder ofEvent: I 10 Dorrance St, Suite 650
I
401-43H1881 I. I 401 297 "734
Business Telephone: Residence Telephone: __ __
Is Organization Non-Profit? I NO Is Organization Religious? NO
Is there a charge for admission? I YES I I
CITY
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)

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EVENTHOLDER.,..".,::-::-",--,.--",::-==-c-:-===-=:-:-::=::c=
APPLICATION FORA SPECIAL EVENT LICENSE
(page 2)
Ifso, location of toilet facilities:
(Include on plan)
If Outdoors, will toilet facilities be --,
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 platformrequired?
List types of musical instruments:
Amplification?
1 ----
DANCE I /'J I A- DEEJAY
Amplification: I --J
ROAD RACE· 4 miles Type: I SPORTING 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? I
CARNIVAL I ;J /It I cmcus
---==------=====----
Ifyes, types of animals: I
SHOW OR
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 or
Event" 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 _ _
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=J
Has notification been made to residents along the route? __
Have temporary signs been posted? (Signs must be removed by the following day.)
SPECIFIC ROUTE:
See attached
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City ofNewport, Rhode Island ,
APPLICATION FORA SPECIAL EVENT
Easton's Beach
EVENT TITLE/TYPE:
DATE: ----'-1.L..I-il....::..'2-_
c
1:-.LI_t1 _
I
Amica Marathon and Half Marathon

LOCATION OF EVENT: I
1=====s=un=d=a=v=o=c=to=b=e=r=1=4='
Date(s) of Event:
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 VP
Title: I
Brewer Rowe
Printed Name:
'----r==================-------============:
Signature ofHolder of Event:

Address of Holder 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
CITY
Is event to be on City, State, or Private Property?
Name of Property Owner ofEvent Site: \------------------------,
Signature ofProperty Owner: I
------------------------'
Printed Name of Property owner:1
---;::============================;
Will Event be Indoors or Outdoors?
(IucIude Plan)
OUTDOORS
'E I i- 1.0 '" 1,-,,-
EVENT HOLDER \ VI t "-'I/'\ -
APPLICATION FORA 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 _
I
Easton's Beach and alona fun COUfse
------
__I
Expected Attendance:
Will a tent be erected?
(Include on plan)
Is parking available:
CONCERT 1 _ Is staging or platformrequired? ____I Amplification?
List types of musical instruments:
1 ----
DANCE DEEJAY I YES Amplification: 1_--,'1_,,-,,-7 _
ROAD RACE (Mafathon I Half Mafathonl
Type: I SPORTING 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 _
If yes, what type:
CARNIVAL CIRCUS Will there be animals? I
Ifyes, types of animals:
Type: 1
SHOW OREXHIBITION:

OTHER (describe) I
'---------;==============
Are required approvals attached, e,g" State, Recreation Dept?
Is a street closing being requested? YES
Will food be prepared onthe premises? NO
If so, is Health Dept Inspection Approval attached?
Will LIQUOR be served?
£ r ",L.,,-, r 5 '--"
EVENT HOLDER t r ..-'
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)
YES
If yes, will you be applying for a Class F 01' F-1 Liquor License?
Ifnot, will another's license be used?
If so, whose? I TBD Caterer
NO
YES
Will there be gambling, e.g., bingo, raffle, etc.?
List Names of Vendors
NO Do you have State Police Approval? IL...__...J
Itemto be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
Do you 01' the pyrotechnic have Newport Fire M::.:aJ::.s:::h::.a::.1 -,
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
detail officers at sponsor's expense.
ROAD RACE. WALK·A-THON,ETC. On Roadway(s) OnSidewalk(s) CJ
Has notification been made to residents along the route? YES
Have temporary signs been posted? YES (Signs must be removed by the following day.)
SPECIFIC ROUTE:
SEE ATTACHED
,
'.
\
i' ".
!i-' !r
City of Newport, Rhode Island i ' ,],1 N 11 2012
APPLICATION FOR A SPECIAL EVENT '.
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 h0 0 / /1?i d{IvrlU /Y/
Date(s) of Event: t.e12]//Z.) &/2S/
I
'Lf
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.
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 Je
o
( l1JriJi17JJU;/!..? (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 AI 0 I Is Organization Religious? IVC!
Is there a charge for admission? I )/t' S I I
Yf S
Is event to be on City, State, or Private Property?
Name of Property Owner of Event Site: Pat-I.. I F C( C ccn (pn(:£irh...!
Signatnre of Property Owner: I ==i: /J_ I
.
Printed Name of Property
. CU,A. \ rC/L C'1'o .
Will Event be Indoors or Outdoors? I / I' d L, ) I
(Include Plan) [no tJor3 l /Ie
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
..- I-"=-"'X")=-::O-
For how many vehicles? --:::J_L/ _
COPY OF TENT PERlVUT MUST BE ATTACHED.
I \&f)
I
I
Will a tent be erected?
(Include on plan)
Is parking available:
Expected Attendance: -
I
C;C'O I
"lesl
CONCERT eM I Is staging or platform required?
List types of musical instruments:
Amplification: 1_-<- _
DEEJAY
DANCE LifI.esl
SPORTING EVENT I NO 1 Type: 1 _
Set-up Dates (Sporting events only):
Will there be animals? I__-J
1 _
1-
If yes, what type:
PLAY [!\to I
CARNIVAL 1 1<)-0 1 CIRCUS
If yes, types of animals: .....,__"t7?o_t=""'''''''''''''7>_:_----
SHOW OR EXHIBITION: I Type: I· DClIQCl '<;
OTHER (describe) Jr.---.::.-..----..:.._-----------------------
Are required approvals attached, e.g., State, Recreation Dept.?
Is a street closing being requested?
Will food be prepared on the premises?
NO
lfso, 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?
Ifnot, will another's license be used?
Ifso, whose? IL -,-_...:..........J
Will LIQUOR be served?
Will there be gambling, e.g., bingo, raffle, etc.?·1
List Names of Vendors
I Do you have State Police Approval? l-
Item to be Furnished
7
For Retail Sales - Have yOIl completed a "Promoter's Application For Pel'mit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS NO
Do 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: Iffireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
ROAD RACE, WALK-A-THON, Roadway(s)c=a On Sidewalk(s) f_·-_·---J
Has notification been made to residents along the route? _
Have temporary signs been posted? (Signs must be removed by the following day.)
SPECIFIC ROUTE:
;-cf) -IJ-..
CITY OFNEWPORT, RHODEISLAND
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 & c;O ,
.. ill (individu," firm or corporation)
Business Address: /21 () £lIPId/(fa J .41/--e
J, /' J/ YT
Address (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{;
15 ,IdA\! ,l,lfmj24flY' /lK'to t q"J l"
comPletkt of all prior arrests and all convictions (whethe felonies or misdeameanors) of the applicant
and 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. of my knowledge . <b, J.
Signature of Applicant: -:-::::?
Print Name of Applicant: Ott uK :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 OFNEWPORT, 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
Riusb r?//J J1 Y
Vrc!-r(}
Y:\MechanicaIAmusements\2009 Renewal\AppMechanicaIAmuse.doc Created on 114/2001 2:36 PM
Serial Number
Me, -Z
/() { '7
10 ')(1
:'·l
II. II! .... ::;
CITY OF NEWPORT, RHODE ISLAND " . .'....
Application for Billiard, Bagatelle, and Pool BJT'
DATE:
TO THE HONORABLE COUNCIL:
Circle One Type: Billiard Bagatelle_ PoolX
Name of Applicant: fj.tJ/-a:l-r;; e C
1
?t6 Phone: __ ---'er:---'g'-=--.:4'---_
Address ofApplicant: SCl6 '-r!iPl4-n<:';.!, £'h
Age 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: ... Jg''''-... J'-·----,._------------------
Location: ;r5?1to ?
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 advertising
fee is to be paid at time ofapplication.
(Filing Fee $25.00 per location, License Fee, first table $50_ Each Additional Table $25_ Sunday Fee per
Table$50J
FiIingFee:dl DatePaid:
Fee for First Table: $ 5""0 Number of Tables:_I_
Plus Lie, Fee (additional tablesf$ .#//1
Plus Sunday Fee (each table): _$ 5-Q ! J
Plus 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
7f
l
t
RHODE ISLAND
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

CJ
DATE:
TO:
DIVISION OF FOREST ENVIRONMENT
2185 Putnam Pike, Chepachet, RI 02814
January 12,2012
City and Town Clerks
Office 401.568.2013
Fax 401.568.2045
2012
FROM: Frank Mastrobuono :
Coordinator, RI Urban & Community Forestry Pro*ram
I
SUBJECT: Tree Warden Appointments for 2012
Greetings,
This notice serves as your annual reminder with regard to the appointment of community tree
wardens. Pursuant to RIGL Sect. 2-14-2, every council must appoint a tree warden at its regular
meeting in January.
Please note the appointed warden must be a licensed arborist or must become a licensed arborist
within six (6) months of assuming the office of tree warden. If your community needs help
finding a licensed arborist to serve as tree warden please call us to request a list of licensees in
your area.
Thank you for your attention to this matter. Enclosed you will find two copies of the appointment
form for 2012. Please complete and return both forms by February 17,2012 to:
Cecile Drouin
DEM Division of Forest Environment
2185 Putnam Pike
Chepachet, RI 02857
After approval, one ofthe forms will be returned to you for your records. If you have any
questions, or require any additional information, please do not hesitate to contact me at (401) 568-
2013 or frank.mastrobuono@dem.ri.gov.
Enclosures
Telecommunication Device for the Deaf 401.222.4462
Printed 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 Environment
2185 Putnam Pike
Chepachet, RI 02814
Appointment approved: -=-:__-=- --::-::-_,--__-,--- _
Director, Department of Environmental Management
4 ~
S L 0 T §

The Honorable Mayor Stephen C. Waluk and Councilors
Jeanne-Marie Napolitano, Naomi L. Neville, Henry
F. Winthrop, Charles Y. Duncan, Justin S. McLaughlin,
and Kathryn E. Leonard
Newport City Council
City Hall
Newport, Rhode Island 02840
Re: Request of Newport Grand for Referendum
Dear Mayor and Councilors:
January 11, 2012
RECEIVED
JAN 11 2012
As a family operated Newport business since 1976 Newport Grand has strived to be a
responsible 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 paid
jobs. Even during these difficult economic times we currently employ almost 200 individuais with an
annual payroll of over $7,000,000. Since the company's inception we have paid over $550,000,000 in
gaming taxes to the City of Newport and the State of Rhode Island. For fiscal 2011 Newport Grand paid
the 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 beautiful
scenery. We have never sought to compete with our local hospitality businesses. This would not be
good business for us as the health of our hotels, restaurants and attractions complement and assists us
in our business operation. We work with such organizations as the Newport Convention and Visitors
Bureau to grow Aquidneck Island's hospitality and tourism industry knowing this is critical for our
success.
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 and
money for the betterment of our community.
We are, however, faced with a daunting challenge which threatens the ability of Newport Grand
to survive. With the recent approval in Massachusetts to construct a destination resort casino in the Fall
River area we have come to the conclusion that we cannot financially survive as presently constituted. A
destination 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 enacted
Massachusetts 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 a
short drive away will challenge our local hotels, restaurants and attractions with a very competitive
product.
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 to
survive and continue to contribute to the City of Newport and the State of Rhode Island in this
environment. We have concluded that adding table games to our gaming offering presents the best
possible option for Newport Grand to be able to continue to be a significant locai employer and tax
revenue generator.
As I stated above Newport Grand has always felt that our best business strategy in Newport is to
complement, not compete. We are uniquely situated in a destination resort community. None of our
present and potential competitors can make such a claim. Because of our location we have concluded
that the optimal environment in which to operate table games must be consistent with the Newport
brand. We feel our potential customer base, the same customer base we will be in competition with
from Massachusetts, will most likely wish to stay in Newport hotels and dine in Newport restaurants. A
table game option will be one of many a visitor may be able to avail themselves. It appears we are best
suited 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 that
marketing our property with the Newport brand provides us with the best strategy for survival and
growth. We are prepared to make the capital improvements necessary to create a product that
complements the Newport brand.
We understand that the burden will be on Newport Grand to communicate with the voters and
provide them with information in order to allow them to make an informed decision. No doubt it will be
a 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 a
business, as an employer and as a tax generator. And I want to do this in an environment that assists
our 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 resolution
pursuant to Rhode Island General Laws 41-9-4 in order to put to the voters of the City of Newport, by
referendum, a question to add table games at Newport Grand.
Thank you for your consideration of our request. We will make ourselves available at any time
to appear before the Council as you deem necessary.
150
Admiral KlIlbfus
Road
Newport
Sincerely,
Oltmt.,
S.I/W?&:i
RI
02840-1397
'iTeR:
401-849-5000
PrlN:
401-846-0290
www.newportgrand.com
Diane S. Hurley
CEO
Newport 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 LLC
c/o Terence M. Fracassa, Esq.
117 Metro Center Blvd
Suite 2001
Warwick, RI 02886
"7 rOE
\
';.,
for a State of Rhode Island Assent to construct and maintain exterior deck addition to existing dock
( 2 ~ 1 6 6 sq. ft. total additional deck area). Project requires maximum setback variance ofapprox. 39'
from CRMC 50' coastal setback.
Project Location:
Waites Wharf of Thames Street
City/Town: Newport
Plat/Lot: 32/26B
Waterway: 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 Island
General 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 it
is your privilege to do so. It is expected that objectors will review the application and plans
thoroughly, visit site of proposed work if necessary, to familiarize themselves with the conditions
and 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. A
notice of the time and place of such hearing will be furnished you as soon as possible after receipt
of your request for hearing. If you desire to request a hearing, to receive consideration, it should be
in writing (with your correct mailing address, e-mail address and valid contact number) and be
received at this office on or before February 4, 2012.
Park Holm ...._ ......._._ _ _ _ C6
PedestrIan Walk {22) .._ _ 05
Police Station _ _ _ 06
Post Offices
Broadway Station .._ _.._ 06
Maln __.._ _ _ .. E5
Rallroad Station (15) _ 05
Rogers High School .. _ _ F5
Rose Island Ughthouse _ D3
Rose Island Ugh\llouse & Museum _ 00
Rosecllff Mansion _ .._ _ F6
ROUgh Point MansIon _ _ _ G6
Rovensky Park ._.._._..__ _ G6
SaIl Newport _ _._ _ _ E4
Salve Reglna University __ _ F6
SllR1IJel WhRel'lorne House (16) E5
Saniord-GoveU House .._ __ _ 05
Sheffield Elementary S<:hool __ _ CO
St Mary's Cemetery _. .. _ OS
St Mary's Church (17) _E6
5t Michael's CountTY Day School E6
State Pier _.._._ _ _ _.. E4
Storer Park __._ _ _ 05
SUllivan Elementary School __ C6
Thames ScIence Cenler (23) _ ,.. 05
The Astor's Beechwood _.._. Fa
The BreakBrB Manslon..__ F7
The Breakers stable & carriage House
.._ .._ ..._ _ _ F6
The Elms Mansion _ E6
Thompson Middle School _ 06
Touro Park _ __ _ E6
Touto Synagogue {18} _ _.._.._.. 06
Trinity Church (19) ..._ .._ .._ _._ ES
Underwood Elementary School .._ F4
Van zandt Pier ...._...._•._...._ __• 05
Wanton-Lyman-Hazard House (20) 06
Whlle Horse Tavern (21) __...._ _ OS
Humbered Poills of Interest
1. Braman Cemetery _ .. 05
2. Channing Memoriel ChU1clt .._ E6
3. Distrlcl Court _.._ 05
4. Edward King House _ E6
5. Eisenhower Park _._.__ _ 05
6. friends Meeting House _ _ 05
7. International Tennis Hall of Fame
(Newport Casino) ..__....._.._...... E6
a. Museum of Newport History
(al Brick. Markel. Place) 05
9. Newport Art Association &
Museum _ E6
10. Newport Artillery Annory _.. OS
11. NewportAutomoblle Museum E6
12. Newport Historical Society _._ 05
13. Old Colony House _ _ _ _. 05
14. Old Stone Mm_ _._. E6
15. Rallroad Station ._ __ _ 05
16. Sarnuel Whitehorne House _ E5
17.51 Mary's Clw'ch _._ _ E5
18. Touro Synagogue _..._ _ .._.. 06
19. Trinity Church ... ._._........._ _E5
20. Wllnton-Lyman-Hazard HOllSe ._ 06
21. White Horse Tavern ...._ _ _ 05
22. Pedestrian Walk .. _.. 05
23. Thames Science Center 05
24. Newport Alternative School _. C6
t
Sheep
-Point

'ough
Point
Newport Area Career & TechnJcaJ
Center (NACTC) _....._ .....__...•.•_. F5
Newport Art Assodatlon &Museum (9)
.._ .._ ....__. ....._ __ E6
Newport ArtlIlery Armory (10) .._ _ 05
Newport Aulomoblle Museum (11) ._ E6
Newport Beaeh _•••_ .... .._._ 07
Newport Bridge (Claiborne Pell Brldge)
(ToIll_._..__..__•__.... C4
Newport CasIno (lntematlonDl Tennis
Hall 01 Fame) (7) __._ _ ...__.. E6
Newport Country Club _ __._ _ G3
Newport Htutlor Marlna .._._..__ 05
Newport Hlstorlcal SocIety (12) _ 05
Newport Hospital .._ ..._ .. _ .. ,?6
Ume Rocks light _..__.._ ...._ .._.__ E4
I.ong Wharf Mall ._......._.._ ..__..._ OS
Marble House Mansion _ .._ _.._ G6
Mlantonornl Park _ ._ 06
Morton Park .._ _..... _. F6
Murphy FIeld .._ .._ _._._. .. F5
Museum of Newport History (8)
(at Brick Market Place) _.._ _ 05
Hunler Playlield.._.._ _ .._._.__ 05
Ida lewis Yacht Club _..._._...._.....__•E4
Information Center (Bus TermInal)
_ ..._...._...__...._..._ ....._.... ... OS
Inlemational Tennis Hall of Fame
(Newport CasIno) en ... .._ E6
Island Cemete'Y_.... _..._._.. 05
Jai Alai •__ _ .._ .._ .._ _ C5
,
1\. Spouting
l
\7 Rock
(]
Ii
Island
F"l$hlng Piers ..... ._...__...._ ....__ 05
Fort Adams State Beach ._:._.._ .... F4
Fort Adams Sla1e Park _._...._ ..._.;_ E3
FortY Steps • "._."__"._.__,, E7
Freebody Park _...._ ..._ ..._ __.._. E6
Friends Meeting House (6) _ .... 05
Goal Island Causeway ....._....._ .._._ 04
r ["hi 04
Common Ground Cemetery _ 05
Continental Sloop Provldence _. E4
Cottrell F"reld _ _ C6
Cmnston-Calvert Elementary School
........._ _ _ 06
District Court (3) _ _ .._ _ 05
Easton's Beach _ _ _E7
"'....._ ... ",-_ u_.. I.'
o
Cardlnes Aeld.. . _ os
Carey Elementary School F6
Castle Hill Coast Guard Stallon _ F2
Castle Hill Ughlhouse Gl
Channing Memorial Church (2) .. E6
Chaleall-$ur-Mer Mansion F6
Hall 06
C7
I
Ijl1
.
0
III
:nt


au
,
50
UE orty
I Steps
---
----- ._--- _.-
S!
Admiral's
Q -
.5 MILE

Dock
Brenton
S;
"'-
r---' Cove
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WA.1TE5 WHARF, NENPORT, RI
GREGORYP. YALANIS, AlA
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334 SPRING STREET
NEWPORT, Al 02840
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I. FRAMIN6 PLAN IS DIAGRAMMATIC ON!-Y. GONFRIH ALL MEASUREHENTS IN FIELD
2. DIMENSIONS SHOHN INDIGATE MAxI!"kJH LEHeTH FRAHING DlHENSIONS FOR BEAMS AND JOISTS
3. ALL FRAMINe 15 TO BE PRE55lRE TREATED
4. ALL .J:?15T HANeERS TO BE SIMPSON eALVANIZED HAN6ER5
5. p,r. DEe-KiNe TO BE FASTENED PER CODE REGUIREMENTS
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GREGORY P. YAlANIS, AlA
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STATE OF RHODE ISLAND
COASTAL RESOURCES MANAGEMENT COUNCIL
Oliver Stedman Government Center Suite 3
4808 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 its
management plans, policies, procedures and/or regulations regarding planning and management of
the coastal resources ofthe State pertaining to Chapter 46-23 of the Rhode Island General Laws.
Therefore, in accordance with and pursuant to the provisions of the "Administrative
ProceduresAct" (Section 42-35-3 ofthe Rhode Island General Laws) and the Rules and Regulations
of the Coastal Resources Management Council, notice is hereby given that the Coastal Resources
Management Council is soliciting comments to said petition that seeks to "reclassifYa portion ofthe
Matunuck shoreline from the existing 'Coastal Headlands, Bluffs and Cliffs' (Sec. 210.4 of the
Program) 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's
office during regular office hours (Monday-Friday 8:30 am to 4:00 pm), on the CRMC website at
www.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 Council
on December 12,2011 requesting the CRMC to change the existing designation ofa segment of
the Matunuck shoreline, between and inclusive of parcels 92-2:46 through 92-3:9 as shown on
the Town's exhibit, from Coastal Headlands, Bluffs and Cliffs to a designation of Manmade
Shoreline. Such a change, if approved by the Council, would allow the installation of new
structural shoreline protection for the affected parcels provided the property owners apply for and
receive a CRMC Assent.
Parties interested in or concerned with the above matter are requested to provide written
COlnrnents to the CRMC at the above address on or before February 17,2012.
Further information may be obtained by contacting the Coastal Resources Management
Council offices at 783-3370.
Signed this 13th day of January, 2012.
Jeffre
Coast I
Cliff Walk Commission
Newport, 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 additional
meetings where no quorum was reached but informal were discussions held. Attendance
as follows:
Robert Power: 7 official meetings; two informal
John Hirschboeck: 6 official meetings, two informal
Peter Janaros: 6 official meetings
Dave Downes: 3 official meetings
Carolyn Booth: 2 official meetings
The following were major issues addressed by the Commission:
Maintenance and Repairs to the Walk
During the year, the walk's condition was monitored and needed repairs identified.
1. After lengthy negotiations between RIDOT and the city regarding who would
administer $608K in congressional appropriations for repair to the walk's seawall at the
Breakers, resolution was finally reached at year's end. Work administered by the city will
go out for design/build bids in early 2012.
2. Further damage to the walk was incurred by Hurricane Irene. $37K in FEMA funds
have 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 city
and the Daffodil Society for their efforts.
3. Scott Wheeler did an excellent job reporting and addressing encroachment issues and
his staff continued to effectively perform routine and seasonal maintenance along the
walk in a timely manner.
Photo Journal
The photographic record of the entire walk was published and distributed to the Newport
Public Library, the Redwood Library and The Historical Society, as well as posted on the
city's website.
1
Clean Up
1. The Commission sent letters of commendation to Clean Ocean Access and Salve
Regina for their annual cleanup along the walk, their yth annual undertaking.
2. Graffiti was continuously monitored and reported to Clean City, which promptly and
efficiently eradicated new postings.
Vendors
The Commission once again voted against having any commercial activity conducted on
or entering the walk.
Unresolved is the issue of unauthorized and unlicensed vendors selling drinks at 40
steps.
Toilet Facilities
Given that the walk is the state's most visited attraction, the current portajohns are a
disgrace, not only unattractive and unpleasant to use but also prone to vandalism and
graffiti.
Significant progress was made in addressing the longstanding, acute need for a
permanent 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 at
40 Steps were developed and submitted to the Director of Public Services. Estimated
capital 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") on
Narragansett up to Ochre Point could be used to off-set the annual maintenance of the
facility. $38K was estimated as potential parking revenue.
Private funding for the capital outlays was sought and DEM grants were explored, but by
year's end no grant funds had been received. As we continue to explore private funding
options we also submitted cost estimates for inclusion in the city's 5 year Capital
Improvement Plant. The release and timing of such monies is indeterminate at this point.
NewSignage
As a result of recent litigation, Rl's Interlocal Trust worked with the city to identify and
post required warning signs on pathways leading off the walk and every walk entrance,
24 in total.
Litigation
The commission met with the city solicitor in closed session to discuss the status of
current litigation regarding the walk, possible legislative actions and liability exposure of
commission members.
2
2011 Newport Tree and Open Space Commission Report
The Newport Tree and Open Space Commission (NTOSC) had a very active and
productive year. In collaboration with the Newport Tree Society, the Division of
Urban 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 focused
on Broadway where the division and commission partnered with the
Newport Garden Club to plant 15 trees in an effort to fill in a significant
gap in the street canopy. A half dozen disease resistant Princeton
American Elms where planted at both the Newport Art Museum and the
Redwood Library.
• In support of Arbor Day and in recognition of efforts to replant Broadway
with trees, Cranston Calvert students planted a red maple tree at the
Broadway post office.
• The NTOSC and City staff worked in partnership with the Newport Tree
Society to launch the Newport Arboretum project
http://newportarboretum.org/home/. The project that establishes Newport
as the first city wide Arboretum was kicked off with a week of activities
including kids and adult movies, tree walks, planting demonstrations, a
fundraising dinner at Fluke, and a poster contest. A total of 5 tree walks
are available in digital and printed formats.
• To raise awareness of the magnificent trees in Newport, the NTOSC and
the tree society awarded the 2010 Tree of the Year to a magnificent
Ginko, located in the cemetery at the corner of Kay and Touro. They also
nominated 10 magnificent trees for 2011 Tree of the Year, mounting a
display at the public library and online at newportarboretum.org, which
gathered significant public interest in voting for these venerable
specimens in December.
• To continue to preserve critical open space in Newport, the NTOSC
collaborated with the Aquidneck Land Trust to recommend a permanent
conservation easement on two parcels of Coggeshall School property,
preserving as open space and creating a new public park in an area with
no other alternatives.
• In collaboration with the Newport Restoration Foundation and the Tree
and Parks Supervisor, the commission recommended significant changes
to the initial landscape plan for the Queen Anne Square restoration,
resulting in theretention of many mature trees and an improved plan for
new tree plantings.
• The commission supported the work of the Newport Tree Society and the
Tree and Parks supervisor in applying for grants, resulting in a $7500
beech tree treatment fund and a $20,000 tree inventory fund.
• The commission also addressed the issue of tree damage due to gas
leaks, asking National Grid to prepare and present a plan to better
address this problem in Newport, as well as their tree trimming plan.
While more work is required on these issues, we believe National Grid
better understands the importance of these issues to Newport.
• The commission participated in a meeting arranged by the Newport Tree
Society to express shock, dismay and frustration at the mass removal of
40 trees, including 13 large, healthy Copper Beech trees at Ft. Adams. A
request was made to be included in all future planning and development
discussions that involve trees and open space critical to Newport, and
councilor Neville stated that she would like NTOSC to represent Newport
in these matters.
Administration: The NTOSC is authorized for 13 members, but had only 5-7
active members during the year. Six meetings were held on the 4
th
Tuesday of
each month (January, March, May, September, October and November), one
special meeting at Queen Anne Square in June, plus participation in the Arbor
Day celebration in April, various council meetings and workshops that concerned
tree and open space matters (Queen Anne Square and Coggeshall School),
active involvement in the launch of the Newport Arboretum and fund raising
benefits, and participation at an on-site meeting at Fort Adams to discuss the
unauthorized removal of trees.
As required by ordinance, here are the attendance records of the current
members:
Dan Christina (June 2011 appointment)-6 meetings, plus active participation in
tree of year contest; Robert Currier-6 meetings, plus active participation in other
activities; Lois Eberhard-4 meetings, plus active participation in other activities;
Audrey Grimes-5 meetings, plus active participation in other activities; Ken
Nomiyama (June 2011 appointment)-2 meetings, plus active participation in other
activities; Susan Ruf-7 meetings and active participation in other activities;
William Steeves-3 meetings and active participation in other activities; and Victor
Vazquez, no participation in meetings or activities. Our ex-officio member, Scott
Wheeler, Tree and Parks Supervisor, attended all meetings and many other
activities.
Submitted: January 4,2012 by chair, Susan Ruf
PAGE! on VI! It" J mv. c:':;;/ e.U I
CITY OF NEWPORT, RHODE ISLAND
FROM YEAR TO YEAR__-,---
PUBLIC ENTERTAINMENT LICENSE APPLICATION
it.,
DATE:
State: [Z]I] Zip:

TO THE HONORABLE COUNCIL:
DBA Name:
Address:
Corporate/Business Owner Name:
Owner Address:

Owner City:
Owner Phone: t C\

For Mailing Address (choose one :
Use Business Location: OR Use Owner Address: OR Other Mailing Address:
I /b f; tUU£Jtlff---"
License Number: I I ;:1==========-
Yearly is June 1- May 31 g----
HOURS:
or ifDaily (list dates) I

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Initial Here that PLANis attached thatspecifically delineates & defines location ofentertainment:
INITIAL HERE to acknowledge receipt ofNOISE ORDINANCE ltVc IDATE: .-----f--'-+--i
Filing Fee - Date Paid: I [(3( /2... I License I Date Paid:
\
._. __ . __ __
ANNUAL Class A (inside) $300 Class B (outside) $200(including tent) accessory only
Class C (Class J Liquor) ($500)
__ ... . . __ . _.. _" _. __ ._. _. _.
ACTION OF COUNCIL: ACTION DATE: _
.. ,.
Entertainment License Application
JUNE I, , TO MAY31, _

Page 2 of2
OWNER:
D/B/A:
PREMISES:
PLEASE COMPLETE ALL CATEGORIES. Use" /A" ifnot applicable.
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Expected Attendance: _
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Parking Availability # of Vehicles: --,- _
Do you have a Liquor or Victualing License: __
Your signature below indicates that you have reviewed the inf()rmati
that it is c()rrect. Any change will require that a new appllcati()n be I
PRINTED NAME:
SIGNATURE OF REPRESENTATIVE:
TITLE:
RESTRICTIONS:
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OR Other Mailing Address:
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CITY OF NEWPORT, RHODE ISLAND .
FROM YEAR TO YEAR _
PUBLIC ENTERTAINMENT LICENSE APPLICATION
TO THE HONORABLE COUNCIL: D.ATE: I J- I .. h.
DBA Name: I t?871?6 but. . ==
Business Phone:· I

AdQres, II f/;J Wililtff
Corporate/Business Owner Name: I@-;IIz;., kbL'
Owner Address:/IQ5 aLl) (MinI R,;b--
Owner City: f&j)g5hIiL.t:, I State: Zip:
Owner Phone: 11/ ¥ 1/ if.... lfAj7
For Mailing Address (choose one):
Use Business Location: OR Use Owner Address:

License Number: IcS:5EL DURATION: IEtJlVijllL
Yearly is June 1- May 31 0
or if Daily (list dates)
HOURS:
Location:
Initial Here that PLANis attached that specifically delineates & defines location ofentertainment:
INITIAL HERE to acknowledge receipt ofNOISE ORDINANCE D DATE: r-----"---j
Filing Fee - $15 Date Paid: I I License I Date Paid:
License Issued By: __ Date Issued: _
ANNUAL Class A (inside) $300 Class B(outside) $200(including tent) accessory only
Class C (Class J Liquor) ($500)
.. !.Q __ _ _ .
ACTION OF COUNCIL: ACTION DATE: _
OWNER: @ The Deck, LLC
D/B/A: @ The Deck
PREMISES: I Waites Wharf
PLEASE COMPLETE ALL CATEGORIES. Use "N/A" if not aDDlicable.
AMPLIFICATION? \I .
DEEJAY? I ''10-
CONCERT? .lIl'l I
BAND? !IJ'
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HOW MANY MUSICIANS? I . . / I '. 3
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TYPES OF MUSICAL INSTRUMENTS? (('PM a.
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Seating Capacity: _ Expected Attendance: t.!.l<@=- _
Parking Availability # of Vehicles: __ ::'...:" _
Do you have a Liquor or Victualing License: __
Your signature below indicates that you have reviewed the information on this twopageform and agreed
that it is correct. Any change will require that a new application beflled with the City Clerk'sOjJice.
SIGNATURE OF
PRINTED NAME: ',' -, .1,' /,). fl,,/V r--:, !/,tlrl.''')
DATE: t· <:/\I,

TITLE:
RESTRICTIONS: Outside entertainment limited to 11 p.rn.on Sunday through Thursday, and to
Midnight Olll Fridays and Saturdays, and Sundays of holiday weekends. Decibel level not to exceed 65.
Crt':.l1i.'d (Ill '11'22/20 I 09;.?9 A.:>vi
please complete both sides of this form
Silvia. Kathy
From:
Sent:
To:
Cc:
Subject:
Jnicolace@aol.com
Tuesday, January 17, 20126:37 PM
Silvia, Kathy
jnicolace@aol.com
Correction 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 eyesores
of the Newport Harbor waterfront. Over the years, the entire Wharfhas become more and more unsightly and
louder. There are more and more patrons that drink to excess in that one concentrated area than any other
location in the City of Newport.
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 also
vehemently opposed to the request for outdoor entertainment on the pier off The Boat Dockside.
Sincerely,
John Nicolace
16 Coddington Wharf
Newport, RI 02840
1
Silvia, Kathy
From:
Sent:
To:
Subject:
Dear Council,
Chandler Hovey [chovey@nyc.rr.com]
Wednesday, January 18,201212:26 AM
Silvia, Kathy
RE: 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 be
the subject of the hearings. Pi ease 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 have
been many nights when the allowed 65 decibels level has been greatly exceeded. Summoning police and obtaining
actionable decibel level recordings have been next to impossible. Increasing the decibel level by 10 dbs will make noise
about twice as loud (see web site below). Increasing the maximum levei by 10 dbs will definitely reduce the quality of
living conditions for all residential abutters.
3) This location abuts at least 100 residences, including mine, which are infrequently occupied in winter and fully occupied
during summer. Scheduling pUblic hearings in the middle of winter is a slap in the face for summer resident home owners
whose real estate taxes pay for much of Newport's bUdget. How and by whom was this hearing scheduled? This needs to
be investigated and the findings publicized. Why was the City Clerk's notice mailed with no date on it? The council needs
to 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 was
an abutter was a noise trial period that took place in February!
http://www.gcaudio.com/resources/howtos/loudness.html
Sincerely,
C.Hovey
II Kirwins Lane,
Newport
Silvia. Kathy
From:
Sent:
To:
Cc:
Subject:
Mike Maroney [2fanth@cox.net]
Tuesday, January 17, 2012 9:38 PM
Silvia, Kathy
Sailbros@aol.com; chovey@nyc.it.com; sue_zak@hotmail.com;
CArbuthnot@manulifeam.com; LeahyJohnston@gmail.com; roncorr@gmail.com;
2fanth@cox.net; Jnicolace@aol.com
Objection 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 scheduled
for January 25 and February 8, 2012. We further request that in the event these hearings are deferred, this also be
included 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 most
strongest 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, and
3. 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 Coddington
Wharf. We have lived on Coddington Wharf for the last 32 years. 80th of our properties are Within the 200' radius of the
three addresses referenced above. Our concerns are vested not only in our personal desire for peaceful enjoyment of
our home, but, the same concerns for our tenant who has also been a full time, year round resident for more than 9
years.
It is not our intent to cast disparaging assertions on the applicants, nor is it our intent to expound on the many times we
have been disturbed or awakened by the loud noises from Waite's Wharf. It is also not our intent to express our
overwhelming disappointment in past and current efforts to bring under control the increasing lack of care or
consideration, by owners and customers alike, given to the residents of this neighborhood. At the current limit of 65
decibels, the contents and structural components of our home already bounce, buzz, rattle and vibrate to the sound
pressures emanating from the above establishments. Our intent is very simple. We understand that an important part of
the 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 our
concerns and posture your decision consistent with our recommendation.
Respectfully,
Mike and Marion Maroney
1
From:
Sent:
To:
Cc:
Subject:
Dear Kathy,
David Leahy [Ieahyjohnston@gmail.com]
Tuesday, January 17, 201210:50 PM
Silvia, Kathy
sailbros@aol.com; chovey@nyc.it.com; Susan Zacharias; CArbuthnot@manulifeam.com;
David Leahy; roncorr@gmail.com; 2fanth@cox.net; Jnicolace@aol.com
Fwd: 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 hearings
scheduled 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 the
properties 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 above
will directly result in infringement on our right to quiet enjoyment of our property and the right of tenants
that 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 reasonble
decibel 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, and
are, 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 of
our propelty and the resulting detraction of possible property value not be allowed and we request that
these these permit expansions be denied.
Thank you,
Caryn Johnston Leahy
David Leahy
Corporate/Business Owner Name: 'Id?
Owner Address:1
Owner City: QAkJ7jJ It! TState: IWI Zip: 1105?r3
Owner Phone: I I
For Mailing Address (choose one):
Use Business Location: OR Use Owner Address: OR Other Mailing Address:
LJ LJL..AL.....-'\..., I "-.Ji J J I I t:__ I ':--v \
CITY OF NEWPORT, RHODE ISLAND
FROM YEAR TO YEAR. _
PUBLIC ENTERTAINMENT LICENSE APPLICATION
TO THE HONORABLE COUNCIL: DATE: [ 1t 2O:tZ
DBA Name: -:---
Business Phone: I I
.------==:::::;:::=======-----------
Address: d6 WI)J% j/j II!/713
I
License Number: IS
cA
---..,O==-_--J
Yearly is June I-May 31 0
or if Daily (list dates)
DURATION: I -J
HOURS:
Location: I

Initial Here that PLANis 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 I Date Paid: .....--..1...-----1
License Issued By: __ Date Issued: _
ANNUAL Class A (inside) $300 Class B(outside) $200(including tent) accessory only
Class C (Class J Liquor) ($500)
Y .. __ '
ACTION OF COUNCIL: ACTION DATE: _
Page 2 of2 Entertainment License Application
JUNE I, , TO MAY 31, _
PLEASE COMPLETE ALL CATEGORIES. Use "N/A" if not applicable.
AMPLIFICAnON?

DEEJAY?
\Je(
CONCERT?
IV/fit-
BAND?

HOW MANY MUSICIANS?
I ,.-tJJ 4
HOW MANY VOCALISTS?
1
TYPES OF MUSICAL INSTRUMENTS?
&lml2 L{
DANCING?
\'jcs-
DANCE REVUE
f'/A
MOVIES?
/11/4
PLAYS?
All 14
OTHER
tV{it[
Expected Attendance: _ Seating Capacity: _-----'I_O-=J.-_" _
Parking Availability # of Vehicles: __--"_5"::"-"='0-----' _
Do you have a Liquor or Victualing License: __ _
Your signature below indicates that you have reviewed the information on this two pageform and agreed
that it is correct. Any change will require that a new application beflied with the City Clerk's Office.
SIGNATUREOFREPRESENTATlVE, I F " I
PRINTED NAME: I Kev IIV I 1!,{/IX I
TITLE: I I
RESTRICTIONS:
TO THE HONORABLE COUNCIL:
DBA Name: I 66l!¥1 VOG(i<:;'/ De lme
Business Phone: I {JOe[ '':+-14'4;/)"1:
JL Ill! b
Address:
'V I "--
FROM YEAR TO __
PUBLIC ENTERTAINMENT LICENSE APPLICATION
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{?m4t
Owner City: I 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 0
or ifDaily (list dates)
DURATION: 1......... 4'-flr_lV_u_.v.J.-'.-l-"-- _

lie&ueSt( 17) e'{f4-Nb GNf€fU(I4/IVJrie
,V
] LlceiV9::
.
'fO ,be 3()' 'Icta' fief( of fe.et11lS·es
1l5UJ·1J oCi..t> I/\II4I1JCe Of 1<'Illtl.1IVt - l"I1l\)IV/i$I4'1 (UJeElLDvl)$J
ttJ VV\ - II j> m (wee Ie j),4.'((
e that PLANis attached that specifically delineates & defines location ofentertainment: I
'ERE to acknowledge receipt ofNOISE ORDINANCE
DDATE:I
$15 Date Paid: I
I
License
I
Date Paid:
I
HOURS:

Initial Her
Filing Fee -
INITIALH

License Issued By: __ Date Issued: _
ANNUAL Class A (inside) $300 Class B (outside) $200(including tent) accessory only
Class C(Class J Liquor) ($500)
!? .
ACTION OF COUNCIL: ACTION DATE: _
Page 2 of2 Entertainment License Application
JUNE 1, , TO MAY 31, _
OWNER: WIf) 1'1e? '<) w./-h? tf 6'!./U£ LLC
DIBIA:P)I)1}'I bOG1{.<;: 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?
Alljlf
BAND?
'!e<;
HOW MANY MUSICIANS?
I (,
HOW MANY VOCALISTS?
I
TYPES OF MUSICAL INSTRUMENTS?
Ke{6 J)
6u l14e)
DANCING?
nJ!i.-
DANCE REVUE
N/Jr
MOVIES?
11/4
PLAYS?
Nt1-
OTHER
1\/4
Expected Attendance: _:::..;)(;0....:...::::-- _ Seating Capacity: _
Parking Availability # of Vehicles: __ _
Do you have a Liquor or Victualing License: __ _
Your signature below indicates that you have reviewed the infQrmatiQn Qn this twQpagefQrm and agreed
that it is CQrrect. Any change will require that a new applicatiQn befiled with the City Clerk's Office.
I
PRINTED NAME: I 1{e:Ji/lJ I DATE: 1/11 /1;)- I
TITLE: I
RESTRICTIONS:
I
,
5haDe-Uo \f)ewoO(f
D/a/A
PAGE lof2
{ - II I , Last printed 615/2007 10:54 AM
CITY OF NEWPORT, RHODE ISLAND
Dec. 1. :t-!?JJ. Nov. 30. i?::-q!_d---
VICTUALING LICENSE APPLICATION
TO THE HONORABLE COUNCIL: DATE: I
OWNER (LLC: J" A' ,/r \ '
""""","00)' - +- \ '11 £"L K0t/'emq r
Owner Address tDkbrDQY ed
City: IU,\-\\e, to\\\1?\\)0 IState: 1::\1:.1..\L;:::::::!.IZi_'P-,:::1
Owner Phone: I'-lO\ ,'i?£, i Phone: I I
Mailing Address (choose one): or (c) Other (specify below)
, """",,--...:.,..;.>

I
License Number: i2J0 CLASS: FF ILi.tter Rating from I fddd I
L..... -'-_>L_:::....::"--__--''-- --J City Clerk: '-- --'
DURATION: IflmV1lJo,\ I (Annual is DEC I thru NOV 30) or if Seasonal (list dates): 1:...- 1
Estimated monetary I <:b L I
investment 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 I
Is 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 7 i 0:54 ArVl
PAGE2of2 Victualing License Application Dec. 1,(7.:fJ{ to Nov. 3o,tfll:A..
, Ii ,VUE I it,;ti Iti2mf4lJ/lllt1tH''''
Owner: e, f\ )
DBA: Up \ tev( t
Location: (p 1?11J"e-tWCL,,:\i \'I{wqO(t Vl (jJ-,"6I-/D
-------------------------------------------------------
If NEW establishment -or· if NOT already "on-file", l"LAI'I;;' must oe provi(jeu.
If new establishment, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpster
location, 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:
Parking
Available?
Garbage Disposal:
Location:
Number of Cans:
Parking
Location?
I I
Number: r---l
--","SLJ\i.lle"",r. ..5-'--.:£vcCUM:.l"'Il,..",l rI"":)'\-________ of Cars L---.l
Dumpster? I/10 I Trash Receptacles?
E:qL rJf budd,/l...rl
=l.::;;:t'C'l.::::"=========='
? I
=;2='========,
PRIVATE PICKUP?I By Whom? I {)JI;tsk ---,
INITIAL to acknowledge receipt ofLitter/Trash Info (if new)
• •
\ ..•••......, •............•.............
Type of
BUSINESS:
Your signature below indicates that you have reviewed the information on this two page form and agree that it
is correct, Any change 'I require that a new application be filed with the City Clerk's office.
Signature of r'" : "'1....... .. · ·:..· i Date:
Applicant: • .. ( ..
Phone#:
Print Name:

,-",,,,,, ,
.....-.., ....
Street Side
Exit Door
StOle Flout
I I
I I
I -,
3' 10':_
i
i'W'f
t
S,Mc-

:r
VI
v

Cl
VI

Q
Q\
v
1
c:; I"(..-
a
I
1 Step
16'
I I
I
Down
I- •
I
Door I
r
i
J
;.,
¢
;:,
....
....

t-

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

i

...
3 Cbltmms Approx 5 114" x 5 1/2"

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

QC)

60
1
1
./'

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


t
I
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1

20'

<;('«: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 ISLAND
Dec. 1, -Nov. 30, _
VICTUALING LICENSE APPLICATION
TO THE HONORABLE COUNCIL: DATE:
D/B/A &
I
LICENSED PREMISES
. Jtf 1-1 'f? :, 'f $"1--
OWNER (LLCi '7) ",. 1- r t. .
Corporation): 7{ 1<-t--1 }
Owner Addressl III c. S 4;) VI !).,. II? WrI'V I
City: I Pt:r-
vr
[state: I U- () ,
Owner Phone: [ Iftll &'1f 7'751NIBusiness Phone: I I
Mailing Address (choose one): (a) Business Location, Ownership Address, or (c) Other (specify below)
I
License 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 I ;,. <Ir / Il" I? v iJ I
mvestment 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 I
Is liquor license application being submitted by the applicant? or will it be in the future? 0
Description 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 Applicmion.{joc
PAGE 2 of2

Victualing License Application Dec,
Last printed 615/2007 10:54 M
1, fO Nov. 30, _
Owner:
DBA:
Location:
If NEW establishment -or- if NOT already "on-file", PLANS mus't be provided.
If new establishment, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpster
location, 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
Parking Parking
Available? L..lL!.-l Location?
tv- /1A' eJvt. , Number: II
_____-'- ....J of Cars L--.J
Dumpster? [2] Trash Receptacles? D
I 5;,40 I I
I I
1============== I I
'_-;::::::;:=======--.-----=1======:=:::::;---_1
PRIVATE PICKUP?! I By Whom? 1
INITIAL to acknowledge receipt of .
,........... .••••.•.....•••.......•....
Type of
BUSINESS:
Your signature below indicates, that you have reviewed the information on this two page form and agree that it
is correct. Any change will req . e that a new a . tio e filed with the City Clerk's office.
Signature of Date:
Applicant: •• .........
Phone#:
Print Name:
Y:\Wt:b Appli,:atinn.d(lc.:
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO. _
AN ORDINANCE IN AMENDMENT OF TITLE THREE OF THE CODIFIED ORDINANCES OF THE
CITY 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 of
Newport, Revision of 1994, as amended, entitled, "City Manager to
maintain specifications - Enumeration of classes," is hereby further
amended as follows:
CLASSIFICATION PLAN
EXECUTIVE, ADMINISTRATIVE AND PROFESSIONAL EMPLOYEES
ADD:
CLASS TITLE
"Assistant Water Treatment Superintendent
GRADE
7"
SECTION 2.
ordinances
repealed.
IN COUNCIL
This ordinance shall take effect upon its passage and all
or parts of ordinances inconsistent herewith are hereby
READ AND PASSED
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO 0 _
AN ORDINANCE IN AMENDMENT OF TITLE TEN OF THE CODIFIED
ORDINANCES OF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF
1994, AS AMENDED, ENTITLED, "VEHICLES AND TRAFFIC."
BE IT ORDAINED by the City of Newport:
SECTION 1. Chapter 10.32 of the Codified Ordinances of the
City of Newport, Revision of 1994, as amended, entitled
"Residential. Parking Program," is hereby further amended
as follows:
10.32.110 Designated Residential Parking streets.
A. The fol.1owing streets are designated as
residential. parking streets, dail.y, during the
hours of six p.m. to six a.m.:
DELETE: "School Street, Monday to (and
including) Friday (See Paragraph C) .n
ADD IN LIEU THEREOF THE FOLLOWING:
"School. Street,
Street, Monday
Paragraph C) ."
between
to (and
Mary Street and Touro
incl.uding) Friday (See
c. The fol.l.owings streets
Residential. parking,
hours a day.
shal.l. be designated for
dail.y, twenty-four (24)
DELETE: "School. Street, from six a.m. Saturday
until. six a.m. Monday."
ADD IN LIEU THEREOF THE FOLLOWING:
"School. Street, between Mary Street and Touro
Street, 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 Mary
Street."
SECTION 2. This ordinance shall take effect upon its
passage and all ordinances or parts of ordinances
inconsistent herewith are hereby repealed.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Communication # 4942/12
Docket Date: January 25,2012
City ofNewport
REQUEST FOR CITY COUNCIL ACTION
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & M ~ b e r s of the City Council
Jane Howington, City Manager \\-
January 17, 2012
Water Budget Amendments
Lanra Sitrin, Finance Director
Recommend that the City Council approve the attached ordinance amending the Water Fnnd budget to agree to the final
rate 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. A
decision was made, with Council's concurrence, to adjust the Water Fund Budget after a determination was made by the
Public Utilities Commission on the pending rate filing. New rates were approved effective December I, 20 II. The
attached detailed budget reflects the approved rates.
PREVIOUS LEGISLATIVE ACTION
Adoption 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 DOCUMENTS
Ordinance
Detailed 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 YEAR
JULY 1, 2011,THROUGH JUNE 30, 2012."
BE IT ORDAINED by the City of Newport:
SECTION 1. Pursuant to Chapter IX of the Charter of the City
of Newport, this ordinance is adopted to provide the sums
hereinafter appropriated for the fiscal year July 1, 2011,
through June 30, 2012, and as shown in the Operating Budget
of the City of Newport for the fiscal year 2011-2012,a copy
of which is attached hereto and is incorporated herein by
reference thereto.
Water Fund



Revenues
Other Sources
Appropriations
$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 all
ordinances or parts of ordinances inconsistent herewith are
hereby repealed.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
City of Newport, Rhode Island
Water 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
10,000
48,096
226,774
7,508
309,657
143,888
Internal Other Supplies & Interest Capital Debt
Services Charges Materials Expense Outlay Principal
1,942
5,805
7,252
5,500
Utilities
4,000
9,000
50,000
76,468
233,033
Purchased
Services
2,000
12,000
128,202
514,000
85,000
Benefits
2,400
273,889
12,500
Salaries
273,889
12,500
128,202
514,000
85,000
2,400
9,000
2,500
4,000
2,000
233,033
1,000
76,468
5,500
226,774
309,657
143,888
2,000
7,508
1,200
10,000
48,096
1,942
5,805
7,252
20,000
50,000
254,733
10,000
12,000
175,000 175,000
199,000 199,000
2012
Docket 4243
BUDGET
$
ACCOUNT NAME
Water Admin Salaries
Water Admin Standby Salaries
Employee Benefits
Retiree Insurance Coverage
WIC Insurance
Annual Leave Buy Back
Legal Ads
Membership Dues
Conferences
Tuition Reimb
Consultant Fees
Postage
Fire & Liab Insurance
Telephone
Property Taxes
LegallAdmin
Data Processing
Mileage Allowance
Gasoline & Vehicle Maint.
Repairs/Maint
Regulatory Expense
RegUlatory Assessment
Water
Electricity
Natural Gas
Office Supplies
Additional FinanciaVLegal Services Relate
Revenue Reserve
Self-Insurance
Unemployment Ins
Severence
Transfer to Equipment Replace
Project
Number ACCTNUMBER
15-500-2200-50001
15-500-2200-50044
15-500-2200-50100
15-500-2200-50103
15-500-2200-50105
15-500-2200-50175
15-500-2200-50207
15-500-2200-50210
15-500-2200-50212
15-500-2200-50214
15-500-2200-50220
15-500-2200-50238
15-500-2200-50239
15-500-2200-50251
15-500-2200-50261
15-500-2200-50266
15-500-2200-50267
15-500-2200-50268
15-500-2200-50271
15-500-2200-50275
15-500-2200-50280
15-500-2200-50281
15-500-2200-50305
15-500-2200-50306
1 5 - 5 0 0 - 2 2 0 0 ~ 5 0 3 0 7
15-500-2200-50361
15-500-2200-50440
15-500-2200-50464
15-500-2200-50505
15-500-2200-50515
15-500-2200-50520
15-500-2200-50851
Total Administration
13,000
69,490
82,490 106,215
500
31,706
98,549
40,000
10,000
5,000
1,000
10,343
33,421
33,421
31,002
5,000
26,002
168,793
168,793
5,000
281,735
256,335
10,200
10,200
802,205
256,335
10,200
10,200
168,793
5,000
500
5,000
26,002
31,706
33,421
40,000
10,000
5,000
1,000
10,343
13,000
69,490
106,215 106,215
Cust Service Base Salary
Overtime
Temp & Seasonal
Employment Benefits
Annual Leave Buy Back
Copying & Binding
Conferences & Training
Contract Services
Postage
Gasoline & Vehicle Maint.
Repairs & Maintenance
Meter Maintenance
Operating Supplies
Uniforms & Protective Gear
Customer Service Supplies
Radio Read Remote reading laptop
Meter Replacement
Interest Expense
IFR EqUipment
15-500-2209-50001
15-500-2209-50002
15-500-2209·50004
15-500-2209-50100
15-500-2209-50175
15-500-2209-50205
15-500-2209-50212
15-500-2209-50225
15-500-2209-50238
15-500-2209-50271
15-500-2209-50275
15-500-2209-50299
15-500-2209-50311
15-500-2209-50320
15-500-2209-50380
15-500-2209-50424
15-500-2209-50440 150944
15-500-2209-50552
015-500-02209-0850
Total Customer Service
- 375-
ACCTNUMBER
Project
Number
City of Newport, Rhode Island
Water Fund Budget for FY2012
Reflecting Docket 4243
ACCOUNT NAME
2012
Docket 4243
BUDGET Salaries
Purchased 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
85,000
100,000
6,000,000
150,000
50,000
6,385,000
7,750
700
72,735
7,425
16,000
58,648
42,108
134,334
6,300
258,897
28,903
10,000
258,897
28,903
10,000
134,334
6,300
58,648
7,425
16,000
42,108
7,750
700
72,735
85,000
100,000
6,000,000
150,000
50,000
294,404 294,404
Supply Island Salary
Overtime
Temporary Wages
Employee Benefits
Annual Leave Buy Back
Gasoline & Vehicle Maint.
Repair & Maintenance
Reservoir Maintenance
Electricity
Operating Supplies
Uniform & Protective Gear
Chemicals
Paradise Pump Station
Dam & Dike Rehab LV
Easton Pond Dam & Moat
RIDOH & RIDEM- Reservoir Monitoring
Aeration- St Mary's Reservoir
Interest Expense
15-500-2212-50001
15-500-2212-50002
15-500-2212-50004
15-500-2212-50100
15-500-2212-50175
15-500-2212-50271
15-500-2212-50275
15-500-2212-50277
15-500-2212-50306
15-500-2212-50311
15-500-2212-50320
15-500-2212-50335
15-500-2212-50440
15-500-2212-50440 151219
15-500-2212-50440 151246
15-500-2212-50440
15-500-2212-50440
15-500-2212-50552
Total Source of Supply, Island
15-500-2213-50002 Overtime
15-500-2213-50004 Temp/Seasonal
15-500-2213-50005 Permanent Part-time
15-500-2213-50100 Employment Benefits
15-500-2213-50275 Repairs & Maintenance
15-500-2213-50277 Reservoir Maint
15-500-2213-50306 Electricity
15-500-2213-50311 Operating Supplies
15-500-2213-50440 Sakonnet River Pump Station Improvemel
15-500-2213-50452 Interest Expense
15-500-2213-50552 Principal Debt Repayment
Total Source of Supply, Mainland
4,617
15,264
13,000
2,525
7,200
4,500
120,189
630
152,000
22,290
342,215
4,617
15,264
1'3,000
32,881
2,525
2,525
120,189
120,189
7,200
4,500
630
12,330
22,290
22,290
152,000
152,000
15-500-2222-50001 Treatment Plant Salary
15-500-2222-50002 Overtime
1 5 - 5 0 0 - 2 2 2 2 ~ 5 0 0 0 3 Holiday Pay
15-500-2222-50100 Employee Benefits
15-500-2222-50175 Annual Leave Buy Back
15-500-2222-50212 Conferences
15-500-2222-50239 Fire & Uab Insurance
15-500-2222-50260 Rental of Equip
15-500-2222-50271 Gasoline & Vehicle Maint.
15-500-2222-50275 RepairslMaint Equip
15-500-2222-50306 Electricity
15-500-2222-50307 Natural Gas
15-500-2222-50308 Sewer Charge
15-500-2222-50311 Operating Supplies
15-500-2222·50320 Uniforms & Protective Gear
15-500-2222-50335 Chemicals
15-500-2222-50452 Interest Expense
Total Station One Treabnent Plant
451,191
60,021
17,045
280,498
5,000
4,500
12,687
600
7,584
25,000
266,329
24,250
293,020
27,800
1,062
354,210
30.971
1,861,768
451,191
60,021
17,045
5,000
533,257
280,498
280,498
4,500
12,687
266,329
24,250
293,020
17,187 583,599
7,584
7,584
600
25,000
27,800
1,062
354,210
408,672
30,971
30,971
- 376-
3,208,589 520,100 288,210 21,614 188,249 7,882 360,640 227,319 36,375
Other
1,458,200
100,000
1,558,200
500
35,000
20,300
1,542
169,977
360,640
Other Supplies & Interest Capital Debt
Charges Materials Expense Outlay Principal
7,882
Internal
Services
158,340
29,909
utilities
3,000
18,614
Purchased
Services
288,210
Benefits
3,965
461,718
37,657
16,760
Salaries
461,718
37,657
16,760
288,210
3,965
3,000
18,614
500
7,882
35,000
158,340
29,909
360,640
20,300
1,542
169,977
1,458,200
100,000
36,375 36,375
2012
Docket 4243
BUDGET
City of Newport, Rhode Island
Water Fund Budget for FY2012
Reflecting Docket 4243
Project
ACCT NUMBER Number ACCOUNT NAME
15-500-2223-50001 Lawton Valley Salary
15-500-2223-50002 Overtime
15-500-2223-50003 Holiday Pay
15-500-2223-50100 Employee Benefits
15-500-2223-50175 Annual Leave Buy Back
15-500-2223-50212 Conferences
15-500-2223-50239 Fire & Liab Ins
15-500-2223-50260 Equipment Rental
15-500-2223-50271 Gasoline & Vehide Maint.
15-500-2223-50275 Repairs & Maintenance
15-500-2223-50306 Electricity
15-500-2223-50307 Natural Gas
15-500-2223-50308 Sewer Charge
15-500-2223-50311 Operating Supplies
15-500-2223-50320 Uniforms & Protective Gear
15-500-2223-50335 Chemicals
15-500-2223-50440 152379 New Treatment Plant Study/Design
15-500-2223-50440 152320 RIDOH- DB ReviewAssistance
15-500-2223-50452 Interest Expense
Total Lawton Valley Treabnent Plant
15-500-2235-50001
15-500-2235-50100
15-500-2235-50175
15-500-2235-50275
15-500-2235-50281
15-500-2235-50339
Total Lab
Water Lab Salary
Employee Benefits
Annual Leave Buy Back
Repairs & Maintenance
Water Lab Regulatory Assess
Lab Supplies
104,358 104,358
64,208 64,208
2,750 2,750
1,700 1,700
32,000 32,000
18,684 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
81,120
250,000
90,000
8,260
26,000
70,000
30,000
10,000
1,761
110,305
18,762
4,000
12,430
18,748
251,514
10,943
418,161
52,364
10,000
418,161
52,364
10,000
251,514
10,943
4,000
12,430
18,748
8,260
110,305
26,000
70,000
30,000
18,762
10,000
1,761
81,120
250,000
90,000
122,623 122,623
Distribution Salary
Overtime
Temp Wages
Employee Benefits
Annual Leave Buy Back
Conferences
Contract Services
Fire & Liab Insurance
Heavy Equip Rental
Gasoline & Vehicle Maint.
Repairs & Maintenance
RepairslMaint Mains
Service Maintenance
Electricity
Operating Supplies
Uniforms & Protective Gear
154158 Water Trench Restoration
154117 ForestAvePumpStnlmp
Mitchells Lane meter and PRV
Interest Expense
15-500-2241-50001
15-500-2241-50002
15-500-2241-50004
15-500-2241-50100
15-500-2241-50175
15-500-2241-50212
15-500-2241-50225
15-500-2241-50239
15-500-2241-50260
15-500-2241-50271
15-500-2241-50275
15-500-2241-50276
15-500-2241-50296
15-500-2241-50306
15-500-2241-50311
15-500-2241-50320
15-500-2241·50440
15-500-2241-50440
15-500-2241-50440
15-500-2241-50452
Total Distribution
- 377-
13,500
Other Supplies & Interest Capital Debt
Charges Materials Expense Outlay Principal ACCTNUMBER
15-500-2245-50275
15-500-2245-50440
Total Fire Protection
15-500-2250-50950
Project
Number
154588
City of Newport, Rhode Island
Water Fund Budget for FY2012
Reflecting Docket 4243
ACCOUNT NAME
Repairs & Maintenance
IFR Fire Hydrants
Additional transfers to Restricted Capital
Debt Service
Depreciation Expense
2012
Docket 4243
BUDGET
13,500
18,000
31,500
1,092,390
976,490
2,068,880
Salaries Benefits
Purchased
Services Utilities
Internal
Services
13,500
18,000
18,000
976,490
976,490
Othe'
1,092,390
1,092,390
Total Water Fund Expend $ 20,293,399
1,092,390
8,865,810
254,733
976,490
612,878
8,491,098
20,293,399
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
ACCTNUMBER
15-999-9999-45345
15-999-9999-45700
15-999-9999-45701
15-999-9999-45845
15-999-9999-45878
15-999-9999-45878
15-999-9999-46005
15-999-9999-47100
15-999-9999-47105
15-999-9999-47107
15-999-9999-47109
15-999-9999-4711 0
15-999-9999-47125
15-999-9999-47130
15-999-9999-47135
15-999-9999-47137
15-999-9999-47139
Total
City of Newport
2011-2012 DOCKET 4243 BUDGET
Water Fund
Revenues
ACCOUNT NAME
State and Federal Aid
Rental of Property
Investment Income
Federal Aid
WPC Reimbursement
Middletown reimbursement
Bond Proceeds
Sundry Billings
Public Fire Protection
Private Fire Protection
Metered Water Charges
Bulk Water charges
Billing charges
Misc Revenues
Water Penalty
WQP Protection Fees
Sale of Surplus Equipment
From Restricted Capital
From restricted Debt Service
2011-2012
PROPOSED
108,167
3,900
296,856
143,506
7,458,200
104,000
1,102,275
466,001
7,265,609
2,058,343
1,208,081
8,600
47,500
22,500
$20,293,538
1,208,081
9,323,952
1,568,276
735,029
12,835,338
7,458,200
20,293,538
Communication # 4943/12
Docket Date: January 25,2012
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To:
From:
Date:
Subject:
Staff Presentation:
Applicant Presentation: N/A
RECOMMENDATION:
Mayor Stephen C. Walnk & of the City Council
Jane Howington, City Manager<:l It"
11 January 2012 6
Award of Bid - Rescue/Ambnlance Class I, Type III
Peter D. Connerton, Fire Chief
It is recommended that the Conncil award to Yankee Fire & Rescue, Inc., of Palmer, MA, for the purchase of a
Rescue/Ambulance Class I, Type III as specified and bid in the amount of$145,188.00. Yankee Fire & Rescue, Inc. has
satisfied all of the requirements of the bid and has proven to be the lowest responsible bidder.
BACKGROUND AND FINDINGS:
The Newport Fire Department seeks to purchase a Rescue/Ambulance Class I, Type Ill, as part of its planned Vehicle
Replacement Plan outlined in the Capital Improvement Plan. This new rescue will take the place of an aging 2002
vehicle which has reached the scheduled replacement age, and should be replaced to ensure the dependability of the Fire
Department 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 last
four Rescue vehicles purchased by the City. Yankee Fire & Rescue has proven to be a dependable and responsible
vendor 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 DOCUMENTS
Resolution
Bid Tabulation
Corporate Information
Finance Dept Review: K Date By:
(if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
WHEREAS: The City of Newport requested Sealed Bids
for 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. of
Palmer MA at their (delivered) bid price of$145,188.00.
NOW THEREFORE, BE IT RESOLVED: That the bid of
Yankee Fire & Rescue, Inc. of Palmer MA is hereby
accepted at a total NTE cost of $145, 188.00.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Tabulation of BID # 12-034-
Rescue 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 England
Fire
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 done
without the attachment.
.i
Ked th wa 1kat
Name
Karen Walker
Name
Name
Name
Name
Name
Name
Name
Yankee Fire and Rescue INc.
COmplete Company Name·
President/Treasurer.
Title/OffIcer/Position
Clerk/Secatary
Title/OffIcer/Position
TItle/OffIcer/Position
Title/Officer/Position
Title/OffIcer/Position
Tltle/Officer/Posttion
Title/Officer/Position
Title/OffIcer/Position
..............................Tltle/Offlcer/Posltlon.- ---
50
Communication # 4944/12
Docket Date: January 25,2012
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To:
From:
Date:
Subject:
Staff Presentation:
Applicant Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & M
1
bers of the City Council
Jane Howington, City Manage . \t
11 Jannary 2012
Purchase of Defibrillators/AEDs - Fire Department
Peter D. Connerton Sr., Fire Chief
It is recommended that the City Council authorize the Fire Department to purchase (3) (refurbished) Zoll E-series
defibrillators, (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 their
inventory.
BACKGROUND AND FINDINGS:
The current LifePak 10 devices that are being employed on two of the Advanced Life Support (ALS) Engines and their
Reserve ALS Rescue are at the end of their serviceable life and are not compatible with the newer Zoll units. Purchasing
this new equipment will enable the Department to have the same equipment on all of their ALS apparatus which is
advantageous for uniformity of training and more importantly the administering of advanced cardiac care. It will also
allow the ability to interchange equipment without losing valuable time during a cardiac related patient event. This
package also includes the procurement of two Zoll Pro Semi-Automatic AEDs; the current LifePak 500 AED is outdated
and unable to be repaired. The two four bay battery chargers are necessary to properly charge and condition the
inventory of lithium batteries, thus extending their service life as long as possible. After conducting research into making
these purchases, the Fire Department has opted to obtain refurbished units in some areas as they are at a greatly reduced
cost, but still able to deliver long-lasting reliable service. In some cases the cost savings is nearly fifty percent. In
compiling 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 future
requests 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.
PREVIOUS LEGISLATIVE ACTION
FISCAL IMPACT
l Currently Budgeted (Account 13-190-5000-50440: Activity code 133810) ~ Requires additional appropriation
__No Fiscal Impact
SUPPORTING DOCUMENTS
Resolution
Zoll quote for equipment
Zoll sole source documentation
Zoll 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 of
Advanced Life Support Emergency Medical Services to the.
citizens and visitors of the City of Newport utilize
defibrillators; and
these tools are a fundamental component in the delivery
of this Advanced Life Support care; and
the current defibrillator equipment carried on two of
their ALS Engines and their reserve ALS Rescue are no
longer serviceable and are not compatible with their
newer units; and
their current AED unit is inoperable and beyond repair;
and
WHEREAS, they have researched and found the
these tools at a reduced price
Corporation; and
equipment to replace
from Zoll Medical
WHEREAS, making these purchases will aid in ensuring that they
will be able to continue to provide these vi tal life
saving services; and
WHEREAS, the monies to purchase this equipment
been budgeted and approved in the
Improvement Program; NOW, THEREFORE, BE
have previously
City's Capital
IT
RESOLVED: the Council of the City of Newport hereby approves the
purchase of the Zoll Defibrillators, Zoll AEDs and
related equipment by the Newport Fire Department for a
sum not to exceed $33,325.45.
NEWPORT CITY COUNCIL
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk

TO; NeWport Fife Department
2fWest Marlborough Street
NewpOrt; RL 0;1840 '
Altn: Paul
GUIDElINI:S
2010 READY
ZOLL Corporation
worldwide HeadQuarters
269 MiIIRd
Chelmsford, 'Massachus",lls
(978) 421-9655 'Main
(800) 348-9011
(978) 421-0015 Q4slomer Support
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
CPR@. CPR Helr>lil. Advisory capabllily.
'Wlth
IOl9oi port), ll'luetoolh • NIB" with





Q'Qrry
tJPYXir cp,rd;'

ManUal, SIx,(6) monthEMS w.",mly,
$11.795.00 $1't,7$5,00 '*
1a 8000.1007-01
lb 8000- 0294
8000- 0298
'fQr·1'2"lead.f;:OG',YhhlhnJrleilds
a'ndvJeads:f1Qft)
1
$315,,00
$295:60

$221,25
$120,00
Includsd

$120,00

,1111& termitand"Qi)nd,ltIQOJ>.(:Z.41.L-ii$, +Q!$.)wt.it;,h
thls::qubU!. , wll!_ •.
In the
__
-
,. P6L1VliRYBAllED \lPON AvAILABILIty ATTIME 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. TAX, FRE1GHT CHARGES' & ORDER PROCESSING FEES ADIllITIONAL
6, PURCHASE ORDERS ARE SUB.ECT TO CREDIT APPROVAL BEFORE' ACCEPTANCE BY
7, PURCHASE ORDER AND QUOTATiON TO BE'FAXED TO CUSTOMER SERVICE AT978-421-0015,
8, 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, Mastromaltso
Sr. EMS Terrilory Msnage,
800-:242-9150, x9878
•••• ,.· h _ _. __•. ' ••.•••• • __ _ •• ,...•

TO: NeWport Fire Departllienl
21 West Marlborough Street
Newport, RI 02840
Attn: Paul Rlpa

2010rUi OY
ZOLl Medical Corporation
WorlthNlde:·HeiadQuarters
269 MIILRd
ChelrMford, M••••chu••tt.
(97a) 421-9655 Main
(800) S48,gOU
(978) 421-0015 Cu.tom., support
FEDERAl 10,#;
QUPTATI,O!IJ 104565 V:2
DATE: 28, 2011
TERMS, Not 30 Oays
FOB: Point
F"e'GHT, P'rop.y and Add

$2,800.00
$15,000.00
-'TOTAL·ProCE
'$7;500.00
$1.400.00 $1,820,00 2
2$1o.a36.oo
OESCItIPTtON -
..

A.sist and GP!! clQckAulo Sync, ;"(\lode
oisplsy, ••dEpGpallent o.ble, unlve,sal o.bl$, 2




'POMP'" six(6)
m(o'etH. watraoty',for EMS"use'.
8050.0030- 01- 66 RefUl\ll$llelisurePower"'ChargingSflltion
'4 Charging'bays
• MuWpla'chemislryoomp.libla


• RS,232 communication pO(l
80100010010164013
3
2
4 9,1),11 Q4P0499JHHl)1'(l f#{)<;k!ilJ..9J)c$"ff3eO"



h'tfLlsh.1fj:wal"ranty: ..
$3,500,00 $2,726,10
5 $160,00 $117.00 $234,00

6 01 SC CuslQmer Loy.lty 1 $0,00 ($1,500,00) ($1,500.00) •

acc0niP'IIt'W:this quote., Any: Inte$pons:e:t(fthls; quotationWIlI:1mdeemedto
Int-oiptirate2:0LLT's+ c's:A'rtY,mtitllflcldlon:oUhE!:'ZOLLrs·.'tJ·s':mUst,be:JiEliUOi1h'Ofrefeitel1c«!dln the

1,hlli.
1. DEbJVERY!3ASEo UPON AVAiLABILITY61 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 ZOlL
7, PURCHASE ORDER AND QUOTATION TO BE FAXED TOZOll CUBTOMER SERVICE AT 978-421-0015.
a, ALL DISCOUNT!! OFF blSTPRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS,
9, PLACE YOUR ACCEBSORY ORDERB ONliNE BY VISITING www.zollwebstore.com.
Pelle
122.45'
Peter:Mastrortfatteo
Sr, EMS Torrltory Mon.ger
800-242.e150, x9878
6UIDEl..lNES
2010 READY
TO: Newport Fire Department
21 Wast Street
Newport, Rl02840
Alln: Ripe
ZOLL Medical Corporation
Worldwide H••dQu.rt....
269 MlliRd
Chelm.stord. M...aGhusetts
'(916) 421-9555 M.in
'(aOO) 348-9011
(978) 421-01115 'Custom.r Support
fEDERJ\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 MOQELNUMBER
7 7800- 0125
8 8050- 9901 All tOLL Chargers Tred&-ln
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3
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($300.oo) ($900,00) ..
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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)1lflTCHARGES & ORDER PROCESSING FEES ADDITIONAL.
6, All PURCHAsE ORDERS ARE a.UBJECT toCREDIT APPROVAL BEPORE AGCEPTANCE BYlOll.
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.
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'3
TOTAL '---""$3"'3.L:.1.::;22=.o.4"'5'-......J
Peler Mastrom_lteo
Sr, EMS Territory Manager
800-242-9150, x9818
ZOLL
Paul Rlpa
EMS' Coordinator
Newport Fire & Rescue
Newport, Itl
Dear paul,
ZOLL Medical Corporation
Worldwide.
269 Mill Road
Chelmsford, Mass.achllsettS 01824·4105
'.!'!JanUary WiUdell'll'e.r1till.... .of my
a thteeyear trlal of this neWtechl'lole)gy.
ThesetlatterleswiUfit the 2:01.1. is-series <1$, well .alli.the.AEDPROunlts, anti
these.batte'rle$ wUl Ifekept bVNewPiQrtFlre When thhttrial ciQmp:lete$ In
201S.Thesetlatte..ietil will have a$tandardo.ne Veal' WarralltV_
In IIlle mallner to,lmp..ove the e¢gt"a*in9$a"dna*l..
pads,ZQLL WUIsUpply$1,2C)C)of disposable's fOrtheperiod2Q12"2015. The
purpose will be to trial with an ALL ze)L.I.$olutlon and hnprovethe
rtl$u$citatlon outcomes. iQ'victlms. iQfcardhtcarre$t hltlle NewpiQrlar:ea.
IQclude In any varietyApbal1dli., PaclQg(defib Pads,
Iimdelectrc:ides.·Q'Alnfol'matIC>l1Conce.....lri9the will be
communicated back to zoLi. and .fany Improvemtlnt$ can be made ;l'd
ZOLL'$ end this win occur.
SIQcerely,
Peter M. Mastromatteo

December 22,2011
Newport Fire Department
21 West Marlborough Stt"eet
NewpOlt, Rl 02840
To WhomIt May Concem:
269N;RRMQ
(J IS1i!;410S
w'g'Ii? (rlk1,luJ
vI8·f.}
v"V"'1,'lrdl-mm
We appreciate your selection ofZOLL®.products for Newport Fire Department This
Jetter serves $:conflrml\tlon thl\tZOLL®Medic!\! Corporation at2<?9 Mill ROl\din
Chelmsford, Massachusetts, is the sole manufacturer and source ofRefurbished E
Serles® 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 any
vendor 9r dealer:
Should yOU have arty questiotls or require additionll1 itlformation please contact me at
800-348.9011 x 9568.
Sincerely,
Elizabeth McCaughey
Contracts &Bids Manager
ZOLL MEDICAL CORPORATION
Corporate Executive Officers
Richard A. Packer Chairman & Chief Executive Officer
ZOLL Medical Corp.
269 Mill Road
Chelmsford, MA 01824
Jonathan A. Rennert President
ZOLL Medical Corp.
269 Mill Road
Chelmsford, MA 01824
A. Ernest Whiton Vice President of Administration & Chief Financial Officer
ZOLL Medical Corp.
269 Mill Road
Chelmsford, MA 01824
Jolm P. Bergeron Vice President & Corporate Treasurer
ZOLL Medical Corp.
269 Mill Road
Chelmsford, MA 01824
Ward M. Hamilton Senior Vice President, Marketing
ZOLL Medical Corp.
269 Mill Road
Chelmsford, MA 01824
Steven K. Flora Senior Vice President, North American Sales
ZOLL Medical Corp.
269 Mill Road
Chelmsford, MA 01824
Edward T. Dunn Vice President, Operations
ZOLL Medical Corp.
269 Mill Road
Chelmsford, MA 01824
Alexander N. Moghadam Vice President, International Operations
ZOLL Medical Corp.
269 Mill Road
Chelmsford, MA 01824
ZOLL MEDICAL CORPORATION
(CONTINUED)
Stephen Korn
ZOLL Medical Corp.
269 Mill Road
Chelmsford, MA 01824
E. Jane Wilson, Ph.D.
ZOLL Medical Corp.
269 Mill Road
Chelmsford, 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
Communication # 4945/12
Docket Date: January 25,2012
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To:
From:
Date:
Subject:
Staff Presentation:
Mayor Stephen C. Waluk & Members of the City Council
Jane Howington, City M a n a g e ~ \t
January 12, 2012 _0
Authorization #5-Professional Services as City Advisor for Water Treatment
Plant Improvements- Project #08-028
Julia A. Forgue, Director of Utilities
RECOMMENDATION:
The Department of Utilities recommends Authorization #5 to the contract for Professional Design Services as City
Advisor for Water Utility Strategic Options and Delivery ofImprovements to Water Treatment Facilities (#08-028) with
CDM Smith, Inc. (formerly Camp, Dresser, and Mckee, Inc.) Providence, RI in the amount of $3,846,000.00. It is also
recommended that the term of the Contract and Agreement be extended to December 31, 2015. Funding for the Water
Fund project is from the Drinking Water State Revolving Loan Fund (SRF) borrowing with the RI Clean Water Finance
Agency.
BACKGROUND AND FINDINGS:
In 2004 the City conducted a comprehensive evaluation of the two water treatment facilities with respect to maintaining
compliance with current and future drinking water regulations. The February 20, 2004 report proposed plant
modifications for both the short and long term. The long term recommendations are to construct a new plant to replace
the existing 1942 Lawton Valley plant and to install an additional pretreatment! clarification train and miscellaneous
improvements at the Station I plant. In accordance with Consent Agreements with the RIDOH and RIDEM, the goal is
to have a new Lawton Valley Plant on line by the end of2014.
Recognizing the extensive financial and technical management responsibilities for implementing these capital
improvements, the City in 2008 through a competitive process selected CDM Smith to provide professional services in
five (5) phases as the City's Advisor for strategic options and project delivery alternatives for the long term
improvements at the water treatment facilities.
Phase 1: Part 1A- Utility Ownership/Governance and Project Delivery Strategy and Part 1B-Water Treatment
Plant Delivery Strategy.:The Council Resolutions for Part IA and Part lB approved continued City ownership of the
water utility and a single PerformancelDesign Alternative Design-Build (DB) procurement for the water treatment plant
improvements, respectively.
Phase 2: Utility Financing. In Phase 2 CDM Smith is providing a range of financial consulting services to assist in the
selection of the most advantageous DIB proposer and financing for the project. Services which have been funded will be
provided 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 set
of tasks to address all engineering and design issues related to the Station I and new Lawton Valley Plants. Major
components that are critical to the development of clear and complete engineering evaluations and technical
requirements include establishing water demand and supply (Safe Yield) for water treatment plant design; site
assessment and site selection for the new Lawton Valley plant; pilot testing at both plants to establish the available
processes to treat water from multi-reservoir sources; geotechnical evaluations; permit planning; and definition of
technical 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 of
tasks 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/B
contract; and assistance in conducting the procurement process and negotiations of the final DB contract.
Communication # 4945/12
Docket Date: January 25,2012
Phse 5: Monitoring of Contract Award. In Phase 5 CDM Smith will provide monitoring of the DB Contractor during
design and construction through close out of the project for the City in order to assure compliance with contract
documents.
Several of the tasks in Phases 2, 3, and 4 proceeded concurrently as part of Authorizations #1, #2, #3, and #4. The status
of 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 Phase
5 through close out of the project in 2015. The tasks to be completed as part of Authorization #5 are detailed as Exhibit
A and summarized as follows:
Phase 4 (Tasks 4.10) CDM Smith will provide ongoing contract/administrative support during the construction phase
with 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 the
new water treatment facilities. They will oversee the development of the final designs to assure compliance with the
City's interest, goals, and objectives. They will monitor the Contractor's construction activities for conformance. An
allowance 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 as
part of the Drinking Water SRF loan.. A portion of the debt service for the borrowings for the Treatment Plant Project is
included in the multi year rate plan approved by the RIPUC in the Order for Docket 4243, December I, 20 II.
PREVIOUS LEGISLATIVE ACTION
Resolution # 2008-40 - Approval of Contract 08-028
Resolution # 2008-121- Approval of Phase IA
Resolution # 2008-169 - Approval of Phase IB
Resolution # 2009-11 - Approval Authorization #1
Resolution # 2009-113 - Approval Authorization #2
Resolution #2010-10 - Approval Authorization #3
Resolution #2010- 70 - Approval of Advanced Water Treatment Alternative
Resolution #2011- 095 - Approval Authorization #4
FISCAL IMPACT
l Currently Budgeted (Account 15-500-2223-50440) _ Requires additional appropriation _ No Fiscal Impact
SUPPORTING DOCUMENTS
Resolution
Authorization #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 the
Contract and Agreement for
Professional Services for City
Advisor for Project Delivery of
Water Treatment Plant
Improvements (#08-028) between
the City of Newport and CDM
Smith, Inc. is hereby approved at
a cost not to exceed
$3,846,000.00 and the term of the
Contract and Agreement is
extended to December 31, 2015 and
the Mayor is authorized to
execute said Contract and
Agreement Authorization, upon
review by the City Solicitor, on
behalf of the City.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Authorization NO.5 to
Agreement Dated March 31, 2008
CITY OF NEWPORT, RI
AUTHORIZATION NO.5
This Authorization No.5 is made and entered into this day of 2012 to
the Contract and Agreement between City of Newport ("City") and CDM Smith Inc. (formerly
Camp 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 for
City Advisor for Project Delivery of Water Treatment Plant Improvements; and
.WHEREAS the Exhibit A, Paragraph III of the Agreement provides that after the strategy for
delivering the project is selected by the City, it is anticipated that services under subsequent phases
of 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,e
initial project work tasks based on available funding; and
WHEREAS the City and the Consultant desire to authorize the scope of work, time periods of
performance, and payment for the remainder of the project tllrough the constl'Uction and
operational phases; and
WHEREAS the Agreement provides that any autllOrizations shall be valid only when expressed in
writing and signed by the parties,
NOW THEREFORE, in consideration of the mutual understandings and agreements herein, the
parties 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 4
and 5 as follows:
The detailed scope of work was originally provided as Exhibit A to Amendment No.1. This
Authorization No.5 refines and authorizes ti,e scope of work for several tasks, as set forth in
Exhibit A.
The specific portion of the scope of work authorized under Authorization No.5 is limited to
currently 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; no
additional funding)
I'age I of 3
Authorization No.5 to
Agreement Dated Merch 31, 2008
Phase 5: Design Document Development and Contractor Performance Monitoring During
Construction 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 schedule
identified as Exhibit C - Authorization No.5 (attached), unless the schedule is adjusted as
mutually 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 to
exceed 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 In
Agreement Deted March 31, 2008
IN WITNESS HEREOF, the parties hereto have caused this instrument to be signed by their duly
constituted 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 A
Authorization 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 A
Auth'orization 5 to the Scope of Work
Phase 4 - Design-Build Procurement
Documents and Process
l'U1\ds remaining from Task 4.5 are being reallocated to a Task 4.10 for Ongoing Design/Build
Contract Administrative Support.
Task 4.5 - Conduct RFP Process
This task was originally included within Authorization No.4. All scope items were completed
utilizing 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, detailed
below.
Task 4.10- Ongoing DesignfBuild Contract Administrative
Support
CDM Smith will assist the City with its dealings with the Design/Build Contractor regarding
execution of the Project and the application and non-teclUlical administration of the terms and
conditions of the final Design/Build Contract. Such assistance may include (but is not limited
to) interpretation and application of specific language of the Design/Build Contract and
appendices to circumstances arising during the COUI'se the permitting, design, construction and
acceptance testing of the Project, review of requests from the Design/Build Contractor for
change orders or other adjustments to the Fixed Design/Build Price or the Project Schedule, and
preparation and negotiation of change orders.
Page A-2 of7
Exhibit A
Authorization I') to the Scope of Work
Phase 5 - Design Document Development and
Contractor Performance Monitoring During
Construction and Operations
The Consultant will work with the City and the Design/ Build Contractor to implement the new
facilities so they meet the City's interests, goals and objectives as developed and detailed in the
Request for Proposals during Phase 4, including all technical and schedule contractual
requirements. We will monitor the Contractor's construction activities for conformance with the
project contl'actual requirements, as wells as environmental and other agency commitments and
stipulations such as permits, SRI' requirements, etc. An allowance for work of MBE/WBE
subconsultant(s) is included in the budget for Phase 5 to meet a goal of 10 percent.
Task 5.1 Services during Development of Design Drawings
and Specifications
a. Review the initial Quality Management Plan and quarterly updates (Vol. me, Section
1.2.3); Document Submittal Protocol (OSP) (Vol. mc, Section 2.2.1); and qualifications of
the 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% design
package 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 Phase
a. 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 for
conformance 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 specific
needs).
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 A
5 to the Scope of Work
h. General Administration (includes record drawing status checks, monthly conh'aclor
payment recommendations, invoicing with report).
i. MBESubcontractor - 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 and
electronic).
Task 5.3 Services during Operational Phase
a. 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 and
comments of the independent WTP specialist and the resulting draft O&M Plan and
Transition 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 achieved
necessary 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 plant
operations.
i. Provide "as-requested" O&M advisory services through the last 6 months of the one
yeal' warranty pedod.
Task 5.4 Project Management, Schedule and SRF Funding
Assistance/Coordination/ MBE
As work is completed in Phase 4, Pl'Oject Management activities needed to continue dUl'ing
conqtruction have been included in Phase 5. COM Smith's project manager will establish fonnal
procedures to ensure effective project communication with the City and among the various
members of the COM Smith Team. These include monthly progress meetings between membel's
of the Oepal'tment of Utilities Water Division staff and CDM Smith Team during Phase,5 of the
project. The meetings will review status of key issues, progl'ess on the previous month's
activities, 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 agenda
for each meeting and provide meeting minutes describing actions taken and required.
Exhlbff A
Authorization 5 to the Scope of Work
CDM Smith will provide updates to the schedule as needed to assess project progress. We will
work with the Director of Utilities, stakeholders, and agencies to identify project drivers,
constraints, milestones and schedule requirements that may be associated with permitting, state
regulatory agency reviews and inputs, financing and procurement activities.
Task 5.5 Part-Time Resident Inspection Services
a. Part-time resident inspection services will be provided to monitor work progress, review
monthly contractor payment requests, provide RFI & pca response input (in
coordillation with wOl;k under Task 5.2.e), monitor material and equipment compliance
witi\ the approved contract documents, monitor field testing performed, assist in
construction problemlconflict resolution efforts, and review and verify punch list
completion (Vol. mc, Sections 1.5.1, 1.5.2).
b. Part-time MBE resident inspector to assist in the resident inspection efforts described
above.
PageA-50f7
Exhibit B
Fee Schedule
ExhibitB
Authorization N\). 5
Professional Servlces .as CityAdvlsorror Water Ub1ity StrategiCOptions and Delivery of WaterTreatment Fadlities,. Project 08-028
""_00"
labor andHourlv Rate
l1l
Project Total COSts
Oirector and including
TechnIcal p- sen'"
-
Sl2!f CADO Disdpline Admin. Laborwith
I <ni.o.iisis. .. :. En":Tneer...' '..tJeSI
, fti..lneetS .
Consultant Markup and

·.::$82.46;...... : : .$46.31.;; ·.:$36.OS·::· ...:$33.-60.:.', ...,$75.00, ..$311.00
$88.61
4.1 .. . . ' .•
-
4.2Conduct RFQProcess
4.3P are RFP Vcrumei
4.4 rt Draft DB Con1Jact:
.5 ConductRFPProcess -146 -'1JJ7 -177 -127 -113 0 -.,1 -7S -131 -1327 SO fi5"6Ofiiii
4.6SUtloort. DBContract: N
4.7 Coordiriate ProcurementTeam
4.8 Prepare !rISk ReEisb!r
4.9
act_
ment;fScheduleIMBE
.10 Desl uitd Contract AdminIstrative $uDl'lOrt 146 2<"
17 127 113 0 ." 7S 131 l327 $0 $zro.OOO
Phase4Total 0 0 0 0 D 0 D 0 0 0 $0 $0
'"
'"
Raw salary ;ate
Marfcup Is 3.10for Office ServiC15
a

carol A. Rego,P.E.
VICe President
CDMSmlth page 1 of3 Fee $i:hedule
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_No.5
Professional.seMce$ as City Adlltsor fof"YlaterUtmt'f StrategIcOptfonsand Den-rycrfWiller Treatment fadlltJes, Project 08-02:8
.............

$3,846. $S330l1J $ll2,S9O
20,920
20,920
",,'t¥.$'
Total CuSt:s
lndudlng
......-
j I I SUb- 1-''''' . Tal:ill Hours Wenses ttmtradors



senIOr
...-
Engineer

':;m::;
....
.. ,9"48
senior

·SU ' c:omuttmrt:
;,·$30;00:';';:,: ·1·:
.rw"1.
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.En . S
.::$33.60 _. . ..' $7.5JXl
:'0: . . :..:.,..0 0
2.552 3, 2, :1.454 AUTHORlZAllON NO. 5TOTAL
::
..
Project
0;..-.""

Rawsalary rate
Martup is 3.10for Office 5ervlces atId 2.Sfor Field Sevices
,
..........' Regel, P.E.
Vice PresIdent

,-",.."j8,
CDMSmith Page30f3 fe@Sd>edtll,
Exhibit C
Schedule
ExhibitC
Auttlorizatlon No. S
Professional ServIcesasCity 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 of March 1,. 2012
~ A s requested by City
CDM Smith
" ' : : ~ ' : . : : ::..~ . , .
Page 10ft
' ..:2014
Authorizati()fl 5 Schedule
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
RESOLVED: that Authorization Amendment
No. 4 to the Contract and
Agreement for Professional
Services for City Advisor for
Project Delivery of Water
Treatment Plant Improvements
(!t08-028) between the City of
Newport and Camp, Dresser, and
McKee Inc., is hereby approved at
a cost -not to exceed
$1,498,886.00 and the term of the
Contract and Agreement is
extended to March 31, - 2012 and
the Mayor is authorized to
execute said Contract and
Agreement Authorization, upon
review by the City Solic;i.tor, on
behalf 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 contract
to CDM, Inc. for Professional
Services as City Advisor for Water
Utility Strategic Options and
Delivery of Improvements to Water
Treatment Facilities pursuant to
Resolution #2008-40;and
WHEREAS, the City of Newport approved the
Phase 1-A report's recommendation
that the City retain ownerShip of the
utility and the Phase l-B report's
recommendation that the City proceed
with a single Performance/Design
Alternative Design-Build (DB)
procurement with continued City
operation for both Station No.1 and
Lawton Valley Water Treatment Plant
Improvements and
WHEREAS, CDM has proceeded with the work
associated with Phases 2, 3 and 4
tasks including the comprehensive
pilot testing for the purpose of
evaluating suitable treatment
processes for the improvements to the
water treatment plants, and
WHERAS, The results have identified challenges
and issues with options for treatment
technologies to be considered for the
Design Build Proj ect. NOW THEREF'ORE
BE IT
) )
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. ...
Page 2 of 2
RESOLVED: that the recommendation for the
inclusion of advanced water treatment
alternative in the Design-Build
procurement documents for both
Station No.1 and Lawton Valley Water
Treatment Plant Improvements is
approved and the commencement of work
to complete the additional pilot
testing as part of the contract with
CDM for Professional Services as City
Advisor for Strategic Options and
Delivery of Improvements to water
Treatment facilities
IN COUNCIL
READ AND PASSED
April 28. 2010
..", ...
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
RESOLVED: that Amendment #3 to the Contract
and Agreement for Professional
Services (08-028) for Water
Treatment Plant Improvements
between the City of Newport and
Camp, Dresser, and McKee Inc. is
hereby accepted at a cost not to
exceed $200,200 and the Mayor is
authorized to execute said
contract amendment on behalf of
the City, sUbject to favorable
review by the City Solicitor.
IN COUNCIL
READ AND PASSED
January 13, 2010
· THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No.•
RESOLVED: that Amendment No.2 to the
Contract and Agreement for
Professional Services for City
Advisor for Project Delivery of
Water Treatment Plant
Improvements (#08-028) between
the City of Newport and Camp,
Dresser, and McKee Inc. ,. is
hereby approved at a cost not to
exceed $2,150,000.00 and the
Mayor is authorized to execute
said Contract and Agreement
Amendment, upon review by the
City Solicitor, on behalf of the
City.
IN COUNCIL
READ AND PASSED
August 12, 2009

.
thleen
ity Clerk
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No.. ..
RESOLVED: that Amendment No. 1 to the
Contract and Agreement for
Professional Services for City
Advisor for Project Delivery of
Water Treatment Plant
Improvements (#08-028) between
the City of Newport and Camp,
Dresser, and McKee Inc. , is
hereby approved at a cost not to
exceed $949,770.00 and the Mayor
is authorized to execute said
Contract and Agreement Amendment,
upon review by the City
Solicitor, on behalf of the City.
IN COUNCIL
READ AND PASSED
January 14, 2009

thleen M. Silvia
City 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 Advisor
for Water Utility Strategic Options and
Delivery of Improvements to Water Treatment
Facilities pursuant to Resolution #2008-40;and
the City of Newport approved the Phase 1-A
report's recommendation that the City retain
ownership of the utility and proceed with Phase
1-B which examines the possible options for
implementation of the required capital
improvements to the City'S water treatment
facilities pursuant to Resolution #2008-121;
and
the Phase 1-B report provides a recommendation
that the City proceed with a single
performance/Design Alternative Design-Build
(DB) procurement with continued City operation
for both Station No.1 and Lawton Valley Water
Treatment Plant Improvements. NOW THEREFORE BE
IT
that the recommendation for the single
Performance/Design Alternative Design-Build
procurement with continued City operation for
.both Station No.1 and Lawton valley Water
Treatment Plant Improvements is approved and
the commencement of work by the City Advisor to
implement the procurement process is authorized
contingent on City council approval of an
amendment to the contract with CDM for
Professional Services as City Advisor for
Strategic Options and Delivery of Improvements
to 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 . ? 7 J . ? J .
the City of Newport awarded a
contract to CDM for Professional
Services as City Advisor for
Water Utility Strategic Options
and Delivery of improvements to
Water Treatment Facilities
pursuant to Resolution #2008-40;
and
under Phase 1-A of the project,
CDM conducted Public Workshops on
March 31, 2008 and June 18, 2008;
and
the Phase 1A report provides a
recommendation that the City
retain ownership of the utility
and proceed with Phase 1B which
examines the possible options for
implementation of required
capital improvements to the
City's water treatment
facilities. NOW THEREFORE BE IT
RESOLVED:
IN COUNCIL
that the recommendation
continued City ownership of
water utility is approved and
commencement of Phase 1B of
study is authorized.
for
the
the
the
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCil
2008-40
No .
RESOLVED: that the Contract and Agreement
for Professional Consulting
Services for City Advisor for
Project Delivery of Water
Treatment Plant Improvements
(#08-028) Phase 1 between the
City of Newport and camp Dresser
and McKee, Inc. , is hereby
approved at a cost of $116,200
and the Mayor is authorized to
execute said Contract and
Agreement, upon review by the
City Solicitor, on behalf of the
City.
IN COUNCIL
READ AND PASSED
March 12, 2008
~ ~ J ! 1 ~
City Clerk
Communication # 4946/12
Docket Date: January 25,2012
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To:
From:
Date:
Subject:
Staff Presentation:
Mayor Stephen C. Waluk & Members of the City Council
Jane Howington, City
January 12, 2012
Design Build Contract Award - 09-039 Station No.1 Water Treatment Plant
Upgrade and New Lawton Valiey Water Treatment Plant
Julia A. Forgue, Director of Utilities
RECOMMENDATION:
The Department of Utilities recommends the award of the Design Build Contract for the Station No. I Water Treatment
Plant Upgrade and New Lawton Valiey Water Treatment Plant to the ABCOM & Nickerson, Joint Venture for the Fixed
Design/Build price of $62,324,608.00. It is also recommended that the Design Build budget for the project be approved
for $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 for
the project budget is approximately 7.5%. Funding for the Water Fund project is from the Drinking Water State
Revolving 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 change
quickly. It also includes two treatment plants with different processes, one of which has equipment that is much beyond
its useful life and the other with limited treatment capacity. The distribution system includes several pressure zones and
extended water age concerns. Newport provides retail water service to the City, Middletown and a smali section of
Portsmouth 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 to
assess current and future regulatory compliance as well as the physical condition of Newport's two water treatment
plants - Station I Water Treatment Plant and Lawton Valley Water Treatment Plant (WTP). The most significant
challenge was identified as achieving compliance with new regulations for TTHMs (total trihalomethanes). The
Compliance Evaluation concluded that the Lawton Valley WTP was beyond its useful life in terms of facilities and
equipment and could not be cost-effectively upgraded and therefore should be replaced with a new plant. The study also
concluded that the Station I WTP required upgrading to restore its reliable treatment capacity to 9 million gallons per
day (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 reduce
THMs. 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 treatment
would be needed. The findings of the pilot testing studies showed that "conventional" treatment by itself did not achieve
sufficient level of organics removal to control THMs and that it would be necessary to include "advanced" treatment in
the new facilities. The results of the pilot testing as well as the design requirements for the plant improvements were
incorporated 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's
Evaluation 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 Evaluation
Committee 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, all
three DIE firms submitted their proposals and the City's Evaluation Committee met over the summer to
comprehensively 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 of
AECOM/Nickerson, toward t\1e goal of awarding a contract in early 2012. The City's special legal counsel for the
project, Pannone, Lopes, Deveraux, and West (PLDW) , assisted with drafting and negotiations related to the Design
Build Contract. CDM Smith also assisted in the technical aspects of contract negotiations.
Communication # 4946/12
Docket Date: January 25,2012
BACKGROUND AND FINDINGS (cont.):
AECOM/ Nickerson Joint Venture consists of AECOM Technical Services, Inc. for design and engineering services and
C.H. Nickerson & Co., Inc. for construction services. The Joint Venture parties are jointly and severally liable. The
Guaranty 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 upgrades
to 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 submitted
in 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 is
standard industry practice for design-build contract "best value" awards. The recommended Fixed Price award is
determined 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 change
of 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 Fixed
Price 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. A
contingency in the project budget is recommended to allow for adjustments due to unforeseeable conditions normally
encountered during construction at sites with existing facilities and buildings and subsurface uncertainties. It is
recommended 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 the
recommended DesignlBuild Project Budget is $67,000,000.00.
The reconunended treatment process will be standardized at the two plants and will consist of preoxidation (using
chlorine 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 method
of advanced treatment, GAC (granular activated carbon)contactors to reduce TTHMs has been selected.. While slightly
more expensive (less than 2% of capital cost) than MIEX®, the GAC contactors offers additional benefits of more robust
control of taste and odors, particularly suitable for addressing late-summer algae blooms that occur in the City's
reservoir supplies. It is anticipated that the advanced treatment would be operated only during the months of May
through October and bypassed when not required to save operating costs. However, if required at some point in the
future 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 gallon
reservoir adjacent to the existing (circa 1942) plant. The new building will be an aesthetically-pleasing, highly functional
structure constructed from high quality, durable and easily-maintained materials. The 4-million gallon reservoir would
be demolished to provide space for the new plant and will be replaced with a new, smaller 1.75-million gallon tank that
would have more "turnover" (usage) and thereby decrease the amount of time the water remains in storage before it is
supplied to consumers.
At the Station I plant, all of the new treatment processes will be retrofitted into the existing building with the exception
of the GAC contactors. The GAC contactors will be housed in new building on the south side of the existing facility to
minimize visual impacts. Improvements will be made to the entrance and plant landscaping to improve aesthetics. At
both plants, the new facilities will incorporate "green" principles and sustainable, energy efficient components including
requirements of the Rhode Island Green Building Act. This will include items such as building orientation, use of
renewable/recycled/regional building materials, energy efficient fixtures and motorized equipment, natural lighting, heat
recovery, thermally enhanced walls/windows/roofing systems, stormwater control and recovery, and water use reduction
and waste water recovery.
The funding for the water treatment plant projects will be provided by subsidized loans from the Drinking Water State
Revolving Fund (DWSRF), administered by the Rhode Island Clean Water Finance Agency (RICWFA) and the Rhode
Island Department of Health, Office of Drinking Water Quality (RIDOH). There is the possibility that the required
funding for the Water Treatment Plants project may require borrowing through RICWFA on a non-subsidized basis due
to the capacity of the state's DWSRF. City staff is meeting regularly with staff from RICWFA and the RIDOH regarding
Communication # 4946/12
Docket Date: January 25,2012
BACKGROUND AND FINDINGS (cant.):
the financing and borrowing schedule. The City Council in December 20 II approved the bond ordinance approving the
issuance of revenue bonds not to exceed $85 million for the Water Treatment Plants project. At their December 2011
meeting the RICWFA Board approved the City's application to borrow $53.1 million from the DWSRF program. This
represents the first borrowing for the project. The water rates charged by the Water Division provide the revenue to
support the operation and maintenance costs, capital costs and debt service costs for the Water Division. In order to
finance the Water Treatment Plants Project the Water Division in April 2011 filed with the RIPUC an application for a
multi year rate plan which was assigned Docket No, 4243. The advantage of the multi year rate plan is that the expenses
for debt service can be phased in over time rather than the alternative of requesting a single large rate increase to cover
the 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 rate
increases in FY 13, 14 and 15 are not final as they are subject to compliance filings with the RIPUC. The Water
Division must file notices with the RIPUC approximately 90 days prior to the effective date ofany future rate increase
that 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 approve
or amend the proposed rate increase.
PREVIOUS LEGISLATIVE ACTION
Resolution #2008·121 Phase IA Recommendation- City Ownership of Water Utility
Resolution #2008-169 Single PerformancelDesign Alternative DB procurement
Resolution #2010- 70 Approval of Advanced Water Treatment Alternative
Resolution #2011-153 Application for DWSRF
Ordinance No. 2011-030 Bond Ordinance
FISCAL IMPACT
.1LCurrently Budgeted (Acct 15-500-2222-50440) _ Requires additional appropriation _ No Fiscal Impact
(Acct 15-500-2223-50440)
SUPPORTING DOCUMENTS
Resolution
Design! 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 a
water system which includes the Station
1 Water Treatment plant and the Lawton
Valley Water Treatment Plant; and
the City is required to design and
construct upgrades to the Station 1
Plant and construct a new Lawton Valley
Plant; and
the City authorized and followed a
design build procurement process for
implementing the improvements to the
Station 1 Plant and construction of a
New Lawton Valley Plant; and
the City has completed negotiations with
the preferred design build provider. NOW
THEREFORE BE IT
that the Design /Build Contract for the
Station No. 1 Water Treatment Plant
Upgrade and New Lawton Valley Water
Treatment Plant Project (#09-039)
between the City of Newport and AECOM &
Nickerson, a Joint Venture, is hereby
approved at Fixed Design/Build Fee of
$62,324,608.00 and the Mayor is
authorized to execute said Design/ Build
Contract, on behalf of the City, subject
to favorable review by the City
Solicitor and the authorized Design
Build project #09-039 budget, which
includes contingencies, is approved in
the amount of $67,000,000.00
READ AND PASSED
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO. 2011-030
AN ORDINANCE OF THE CITY OF NEWPORT APPROVING THE FINANCING OF
IMPROVEMENTS TOTHENEWPORT WATERSYSTEMINCLUDING, BUTNOTLIMITED
TO, THECONSTRUCTIONANDEQUIPPINGOF ANEWTREATMENTPLANT, INCLUDING
DEMOLITION OF THEEXISTINGTREATMENTPLANT, ANDCONSTRUCTIONOFLONG-
TERMCAPITALIMPROVEMENTS TOASECONDWATERTREATMENTPLANTANDALL
ATTENDANT EXPENSES AND APPROVING THE ISSUANCE OF WATER REVENUE
BONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $85,000,000
Be it Ordained by the City of Newport that:
SECTION I. The swn of Eighty-Five Million Dollars ($85,000,000) is
appropriated for the purpose offinancing ofimprovements to the NeWport water system .
including, but not limited to, the construction and equipping ofa newtreatment plant, including
demolition ofthe existing treatment plant, and construction oflong-term capital improvements
to a second treatment plant and all attendant expenses (collectively, the "Project").
SECTION 2. In accordance with Chapter 46-12.8 ofthe Rhode Island General
Laws, the Director of Finance and the Mayor are hereby authorized to borrowan amount not
exceeding Eighty-Five Million Dollars ($85,000,000) from the Rhode Island Clean Water
Finance Agency, and to evidence such loan, such officers are hereby authorized to issue and
refund on 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 in
order to meet the foregoing appropriation.
SECTION 3. The said officers from time to time may issue and refund not
Ilxceeding $85,000,000 interest bearing or discounted water revenue notes (the "Notes") in
anticipation ofthe issue of said Bonds.
SECTION 4. The Bonds and Notes shall be payable solely from revenues ofthe
NeWport water system. The City may issue bonds, notes, or other obligations on a parity with
these Bonds. The manner of sale, amount, denominations, maturities, conversion or registration
privileges, interest rates, mediwn of payment, and other terms, conditions and details ofthe
Bonds or Notes may be fixed by the officers authorized to sign the Bonds or Notes.
SECTION 5. Pending the issuance of the Bonds under Section 2 hereof or
pending or in lieu ofthe issue ofNotes under Section 3 hereof, the Director of Finance, at the
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO.. 2011-030
(Page 2)
written direction ofthe City Council, may expend funds from the General Fund or Water Fund of
the City for the purposes specified in Section I hereof. Any advances made under this section
shall be repaid without interest from the proceeds of the Bonds or Notes issued hereunder or
from the proceeds 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 behalf ofthe City, to: (i) execute, acknowledge and deliver a
Supplemental Indenture (the "Supplemental Indenture") amending and supplementing the Trust
Indenture dated March 7, 2007 by and between the City and Wells Fargo Bank, N.A., as trustee
(as amended, the "Trust Indenture"), and any and all other loan agreements, documents,
certificates or instruments necessary to effectuate such borrowing; (ii) amend, modifY or
supplement the Trust Indenture, the Bonds or Notes and any and all other loan agreements,
documents, certificates or instruments at any time and from time to time, in such manner and for
such purposes as such officers shall deem necessary, desirable or advisable; (iii) direct the
Trustee with regard to investments oftrust funds pursuant to the Trust Indenture; and (iv) do and
perform all such other acts and things deemed by: such officers to be necessary, desirable or
advisable withrespect to any matters contemplated by this Ordinance in order to effectuate said
borrowing and the intent hereof. .
SECTlON 7. The Director of Finance and the Mayor are hereby authorized to
deliver the Bonds or Notes to the purchaser and said officers are hereby authorized and instructed
to take all actions, on behalf of the City, necessatyto ensure that interest on the Bonds or Notes
will be excludable from gross income for federal incometax purposes and to refrain from all
actions which would cause interest on the Bonds or Notes to become subject to federal income.
taxes.
SECTION 8. This Ordinance is an affirmative action of the City Council of the
City toward the issuance ofthe Bonds and Notes in accordance with the purposes ofthe laws of
the State. This Ordinance constitutes the City's declaration ofofficial intent, pursuant to
Treasury Regulation §1.150-2, to reimburse the City's General Fund or the City's Water Fund for
certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior
to the date ofthis Ordinance but prior to the issuance of the Bonds or Notes. Such amounts to be
reimbursed shall not exceed Eighty-Five Million Dollars ($85,000,000) and shall be reimbursed
not later than eighteen (18) months after the later of (a) the date on which the expenditure is paid
or (b) the date on which the Project is placed in service or abandoned but in no event later than
three (3) years after the date on which the expenditure is paid.
I
CITY OF NEWPORT
. ORDINANCE
OF THE
COUNCIL
NO. 2011-030
(Page 3)
SECTION 9. The Director of Finance and the Mayor are authorized to take all
actions necessary to comply with federal tax and securities laws including Rule 15c2-12 ofthe
Securities and Exchange Commission (the "SEC Rule") and to execute and deliver a Continuing
Disclosure Certificate in 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. The
City hereby covenants and agrees that it will comply with and carry out all of the provisions of .
the Continuing Disclosure Certificate, as it may be amended from time to time. Notwithstanding
any other provision of this Ordinance or the Bonds or Notes, failure ofthe City to comply with
the Continuing Disclosure Certificate shall not be considered an event of default; however, any
Bondholder or Noteholder may take such actions as may be necessary and appropriate. inclUding
seeking mandate or specific performance by court order. to cause the City to comply with its
obligations under this Section and under the Continuing Disclosure Certificate.
IN COUNCIL
READ AND PASSED
December 14, 2011
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
WHEREAS, the City of Newport is finalizing the plans to
implement a Design Build project for improvements
to both Water Treatment plants including the
replacement of the Lawton Valley facility and major
improvements to the Station 1 facility; and
WHEREAS, . the City is requesting authority from the RIPUC to
borrow up to $85,000,000 from the Drinking Water
State Revolving Fund (DWSRF) Loan from the Clean
Water Finance Agency; and
WHEREAS, the proposed project includes the design build
contract for the improvements for at the Water
Treatment Plants, the services of the City Advisor,
Special legal Advisor and Financial advisor
associated with the project delivery of the water
treatment plant improvements, the cost of issuance
for the bonding, and the required debt service
reserve fund; and.
WHEREAS, in order to obtain a loan under the DWSRF
program, the City must also comply with the
RIDOH requirements which requires a certified
resolution of the City Council directing the
Administration to submit the application for
DWSRF assistance. NOW THEREFORE BE IT
RESOLVED: that the Mayor is authorized to sign the required
applications and loan documents required by the
Clean Water Finance Agency and Rhode Island
Department of Health on behalf of the City for the
Drinking Water State Revolving Fund assistance.
IN COUNCIL
READ AND PASSED
November 9, 2011
K thleen M. Silvia
City Clerk
"
)
'J
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No...~ . ~ . ~ ! ? ~ . ~ ~ .
Page 1 of 2
WHEREAS, the City of Newport awarded a contract
to CDM, Inc. for Professional
Services as City Advisor for Water
Utility Strategic Options and
Delivery of Improvements to Water
Treatment Facilities pursuant to
Resolution #2008-40;and
WHEREAS, the City of Newport approved the
Phase l-A report's recommendation
that the City retain ownership of the
utility and the Phase l-B report's
recommendation that the City proceed
with a single Performance/Design
Alternative Design-Build (DB)
procurement with continued City
operation for both Station No.1 and
Lawton valley Water Treatment Plant
Improvements and
WHEREAS, CDM has proceeded with the work
associated with Phases 2, 3 and 4
tasks including the comprehensive
pilot testing for the purpose of
evaluating suitable treatment
processes for the improvements to the
water treatment plants, and
WHERAS, The results have identified challenges
and issues with options for treatment
technologies to be considered for the
Design Build Proj ect . NOW THEREFORE
BE IT
) )
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. ~ ~ ~ . ? : - . ? ? ...
Page 2 of 2
RESOLVED: that the recommendation for the
inclusion of advanced water treatment
alternative in the Design-Build
procurement documents for both
Station No.1 and Lawton valley Water
Treatment Plant Improvements is
approved and the commencement of work
to complete the additional pilot
testing as part of the contract with
CDM for Professional Services as City
Advisor for Strategic Options and
Delivery of Improvements to water
Treatment 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 Advisor
for Water Utility Strategic Options and
Delivery of Improvements to Water Treatment
Facilities pursuant to Resolution #2008-40;and
the City of Newport approved the Phase 1-A
report's recommendation that the City retain
ownership of the utility and proceed with Phase
1-B which examines the possible options for
implementation of the required capital
improvements to the City'S water treatment
facilities pursuant to Resolution #2008-121;
and
the Phase l-B report provides a recommendation
that the City proceed with a single
performance/Design Alternative Design-Build
(DB) procurement with continued City operation
for both Station No.1 and Lawton Valley Water
Treatment Plant Improvements. NOW THEREFORE BE
IT
that the recommendation for the single
Performance/Design Alternative Design-Build
procurement with continued City operation for
.both Station No.1 and Lawton Valley Water
Treatment Plant Improvements is approved and
the commencement of work by the City Advisor to
implement the procurement process is authorized
contingent on City council approval of an
amendment to the contract with COM for
Professional Services as City Advisor for
Strategic Options and Delivery of Improvements
to 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 a
contract to CDM for Professional
Services as City Advisor for
Water Utility Strategic Options
and Delivery of improvements to
Water Treatment Facilities
pursuant to Resolution #2008-40;
and
under Phase 1-A of the project,
CDM conducted Public Workshops on
March 31, 2008 and June 18, 2008;
and
the Phase 1A report provides a
recommendation that the City
retain ownership of the utility
and proceed with Phase 1B which
examines the possible options for
implementation of required
capital improvements to the
City's water treatment
facilities. NOW THEREFORE BE IT
RESOLVED:
IN COUNCIL
that the recommendation
continued City ownership of
water utility is approved and
commencement of Phase 18 of
study is authorized.
for
the
the
the
CITY OF NEWPORT
Board 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 the
Newport Police Department for fmgerprinting and a routine check has been completed. __
CLASS A BL./ BT BV C D E J
-- -- ---
TYPE OF TRANSFER V' OWNERSHIP LOCATION,/' STOCK
v OTHER, _
NAME OF TRANSFEROR .!e.f' pr6-c hP'/

D/B/A 'II t7 TEL. # Jht t 1/'&Jlt
BUSINESS ADDRESS__ _ _
". >'.',
Transferor hereby petitions the Licensing Board to transfer the said license to:
NAME OF TRANSFEREE W
D/B/A Ifl " /ll'1V1h TEL. # 6Y' /fP / fL
NEW LOCATION, if applicable_..<-/V"'---"p-->:v""-=..=""et.-v.:..=:...e·
If Change of Stockholders, 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 Use Only
'Lf I
License Issued by: Date Issued: _
ACTION OF COUNCIL ACTION DATE _
'llIUtiml::Jz1; .;}A6/j:A..
App03LiquolTransfer ,NOV 09 20Ut!!>17fd .45 /df/IJ/(IJ .
Page I of2 STATE OF RHODE ISLAND Newport
BOARD OF LICENSING COMMISSIONERS
IBrl
RETAlLER 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?-
t--L. C "ZS) W6/{ol¥

W

dnd
Secretary
Treasurer
Mallmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. If Other Please speCify below:
Name of Each Director/Board Member Address
..
If Corporatiou, Classes of Stock: Amount ofTbis Class Authorized: Amount of This Class Issued:
..-
Name Registered Stock Owners OR LLC Members w/%interest Class(es) of Stock Amount of Stock OR LLC %
lJ-t,vva--JA IJl. If· 1
m 'h%
?6--I?J!'1 1 l- t.
A O.
L tP. 1 :
"30/.::,
pf#. N.

ti f IW''''I/ f/v'.
I J
.. - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW THIS LINE - - - - - - - - - - - - - - - - - - - • - - - - - -
Filing Fee: I $25 I Date Paid: I I License Fee: I IDate Paid: I I
Approved 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»
printed <)/9/20 II 2: 16 Pj·...t Ilk IHlllW: Liqlll.l.C'('ORPappML'rgc.Jt1c:-
Page 2 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: •
--===============i
Is application on behalf ofundisclosed! /\ro I- Ifyes, give details: I
principal or party in interest?
Does Applicant Own premises?1 /VV' I_property Mortgaged? (l/v I - Property Leased1 '''' I I-
If Mortgaged or Leased: Amount of Extent:
1---;;;------;.,;---;-'------,---------------,
Name and Address of Mortgagee or Lessee: 'f}() 'l- Ji' . v /.. L
L.......:'-'-----'-'---'--_---,.-.;'-=----,-::- -:- ---'
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 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 retail
license issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended? If yes, explain:.

licant the owner or 0 erator of an other business? A/"
State amount of capital invested in the business. 7 l. t7P p) tPj)eJ. -
Certificate of Liability Insurance and Proof of Worker's Compensation Insurance must be attached.
:. .. I
my
knowledge and bref:
: 4..1.1.:2. ..: If! /s /[L" I}
Signature of Applicant' (see note below) Date of Signature
..' , I )z.,./ 0 /1 'f
wi"fNE"S", (l'r Lice n srn .."11 0 TARY PUBL I C Date Commission Expires (for Notary)
'NOTE: For new. transfer. expansion. or renewal the owner/sl must sign. In a corporation. the officers should
sign; In an llC. the "designated manager" and a member are to sign. We are no longer to accept the signature
of a manager or attorney on-behalf of the owner.
1. Every question on Application Form must be answered. Any false statement made by the Applicant will be sufficient
grounds for the denial of the application or the revocation of the license in case one has been granted.
2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).
3. Attention is called to the requirements 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 9/9120 I J 16 P:-"1 Ok Jl<l11W: J 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 Dorrance
Hamilton, 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 NOV - 3 "
31 AMERICA'S CUP AVENUE
P. O. BOX 389
NEWPORT, R.1. 02840 i
TELEPHONE
FAX 401-647-5610
EMAIL: cphg@cphgraw.com
www.cphglaw.com
November 2, 2011
i
1. PE:CKHAM
l 191j-1963
EDWARD ..J
r
CORCORAN
.. _. ·1·919-1997
PATRICK O'N. HAYES
1942-2005
Stephen C. Waluk and
Members ofthe Board of
License Commissioners
The City of Newport
City Hall
43 Broadway
Newport, 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 the
application 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 licensee
incurred in the operation of the licensed premises shall be paid to or released by an objecting
creditor before the issuing body permits the transfer."
Behan Bros., Inc. hereby objects to this transfer as Behan Bros., Inc. has an outstanding
lien in the amount of $1,619,502.39 on the licensed premises. There is no indebtedness more
incurred in the operation of the licensed premises than the indebtedness incurred to build the
licensed premises.
We respectfully request that before this transfer is permitted that the outstanding
indebtedness owed to Behan Bros., Inc. be paid.
I expect to be present at the scheduled meeting on this matter should you have any
questions.
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. LEYS
GIRARD A. GALVIN
OF COUNSEL
WILLIAM .J. CORCORAN
CORCORAN. PECKHAM, HAYES & GALVIN, P. C.
ATTORNEYS AND COUNSELLORS AT LAW
31 AMERICA'S CUP AVENUE
P.O. BOX 389
NEWPORT, R. J. 02840
TELEPHONE 401-847-0872
FAX 401·847-6810
EMAIL: cphg@cphglaw.com
www.cphglaw.com
December 23, 2011
WILLIAM A. PECKHAM
1919·1963
EDWARD oJ. CORCORAN
1919·1997
PATRICK O'N. HAYES
1942·2005
Stephen C. Waluk and
Members of the Board of
License Commissioners
The City of Newport
City Hall
43 Broadway
Newport, Rhode Island 02840
Re: 41° North
DearMr. Waluk and Members ofthe Board:
\
L
f"
k I,
'J !
( ~ i
....J
Based on further review of information relating to this application, this is to
inform you that Behan Bros., Inc. is hereby withdrawing its previously filed objection to
the transfer based on R.tG. L. 3-5-19.
;{//A-.
N e ~ l P. Galvin
ngalvin@cphglaw.com
NPG/rc
cc: S. MacGillivray, Esq.
T. Scott, Esq.
DEC
;,.',
STATE OF RHODE ISLAND
NEWPORT, S.C.
C
BOARD OF LICENSE COMMISSIONERS
INRE: Class BH& BTAlcoholic Beverage License transfer to 802 Partners, LLC
AFFIDAVIT
Pursuant to R.I.G.L 3-5-19
I, Peter M. Borden, upon oath depose and say as follows:
I) Forty 1
0
North, LLC ("41
0
North") is a Rhode Island Limited Liability Company and
holder 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 and
14-16-20 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 Behan
Bros., Inc., the contracting company who built a portion ofthe buildings presently housing
the 41
0
North licensed premises;
5) 41
0
North has never had a contract with, nor has it engaged Behan Bros., Inc. to perform
any services or provide any goods, materials, or service in the operation ofthe alcoholic
beverage 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 the
operation ofthe licensed premises;
7) 802 Partners has disputed the claimofBehan Bros., Inc., and 802 Partners has a claim for
damages against Behan Bros., Inc. in excess of$1.9 million. Said dispute is the subject of
an ongoing Superior Court action entitled 802 Partners. LLC vs. Behan Bros.. Inc.
NM2010-0526;
8) As the holder ofthe Class BH and BT alcoholic beverage licenses, but without any
contractual or legal obligation or responsibility for a debt allegedly owed to Behan Bros.,
Inc. by 802 Partners, 41
0
North disputes the amount ofthe indebtedness and further
affinns that this affidavit/statement ofdispute is not interposed for the purposes of
inducing transfer ofthe BH and BT alcoholic beverage licenses held by 41
0
North.
STATE OF RHODE ISLAND
COUNTY OF NEWPORT
Subscribed to and sworn to before me this VS"'day ofDecember, 2011.
S:\TScott\CLIENTS\41 North 9413\9413.5 41 North- Hamilton\AFFIDAVIT - PeterM. Borden.wpd
CITY OF NEWPORT
Board of Licensing Commissioners
\xii;,
APPLICATION FOR TRANSFER OF ALCOHOLIC BEVERAGE ICENSIE,:,c'
,.
DATE f.O I I(
Check Here That Applicant(s) has/have presented himself/herself at the RC.!. Section of the
Newport Police Department for fmgerprinting and a routine check has been completed. __
CLASS A BL BT BV C D E J V f!, H
-- --' ---' --- -----
TYPE OF TRANSFER v OWNERSHIP LOCATION v STOCK •
v' OTHER, Explain '!'oF'lf /1"t 1
NAME OF
D/B/A ifl t? jl/'Nf1,. TEL. # Eft! ttJ J
BUSINESS _ _
Transferor hereby petitions the Licensing Board to transfer the said license to:
NAME OF TRANSFEREE fu Ii' /p-.t?A.P.I
D/B/A .lfl"jV;v"J).. TEL. # W 6 h?I "
NEW LOCATION, if
If Change of Stockholders, List OLD & NEWStockholders: (attach separate sheet if necessary)
.s;u /I tyWJ
PRlNTNAME
DATE OR DATE COMMISSION EXPIRES IF NOTARY 'I'AR:V-PUBLIC
__V!l"TZ-;] ]?';YWh0
. TRANSFEROR SIGNATURE PRlNTNAME
-. --
.- ./
. r_.
::oB&kRD
NSF REE SIGNATURE
/. ----=.
c!-==.-. __ .....--.--/ \ 2 .. / I
WI"J/B:ES'S-oFTIcENS G BOARD ORNOTARY PUBLIC DATE OR DATE COMMISSION EXPIRES IF NOTARY
J1Jtlv
Use Only
FEE PAID_"$Y'r DATE P _
License Issued by: Date Issued: _
Page 1 of2 STATE OF RHODE ISLAND Newport
BOARD OF LICENSING COMMISSIONERS
RETAILER CLASS:
BH
OWNERSHIP;

/ () ;'V;Vn-. , t...-IA:.
D/B/A:
'/1 '" ;V;'lf rh
Premises '7, I
It(,- "]...Q
[?Rr/V'1 ftt "/ J
W],.../Vf/I
State - Incomorated: I rz-.-S IDate ofIncornoration: I' 'i/ (/0'" IBusiness Telephone No: I
.!fitt tOl f
Name, Address and Tel. # ofAll Officers (if LLC, List Manager under President and change title to "Manager" :
TITLE NAME HOME ADDRESS TELEPHONE


1rv).- J7 Ue. <,;) 71<tJvw...h
S7teM
Vice-Pres.

Jf A.;/
Secretary
Treasurer
Mallmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. If Other Please specIfy below:
Name of Each DirectorlBoard Member Address
..
,
t .....
................... - .
51-Y.uA-
If Corporation, Classes of Stock: Amount of This Class Authorized: Amount of This 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 %._

1./. 11m.
17':YO'
'/?t..- t: IV\. I...-L.- l.
AA A P. A :
'3 0/"
p; -u... M _
('fr; L1
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 I
Approved by Council_________ Disapproved by Council _
Issued By Date License & Section 5.12 Received by _
Liquor Application by Corporation
I.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'
Page 2 of2
I 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: +:"--..!====================i
Is application on behalf of undisclosed - If yes, give details: I
principal or party in interest?
Does Applicant Own Mortgaged? tvt? I - Property Leased11'PSi-
If Mortgaged or Leased: Amount of Extent: I
1----,- ,---1-- ,
Name and Address of Mortgagee or Lessee: __J..:
Have any of the applicants ever been arrested or convicted of a crime? I /V'-o I. If yes, explain: •
I
Is any other business to be carried On in Licensed Premises? I 1.11 I- If yes, explain: •
I
r !(--Pl-«' c1X1-' _ .f1.,." . 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 bave any interest, direct or indirect, as principle or associate, or in any manner wbatsoever, in any retail
license issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended? If yes, explain: +
State amount of capital invested in the business. () (/ ,,"v·"
Certificate of Ljability Insurance and Proof of Worker's Compensation Insurance must be attached.
. .. br'
.. .n•••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••
_ 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 should
sign: in an LLC, the "designated manager" and a member are to sign. We are no longer to accept the signature
of a manager or attorney on behalf of the owner.
1. Every question on Application Form mnst be answered. Any false statement made by the Applicant will be sufficient
grounds for the denial of the application or the revocation of the license in case one has been granted.
2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).
3. Attention is called to the requirements of the 1963 amendment of Section 3-5-10 ofthe General Laws.
a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.
b. Any acquisition by any person ofmore 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 proccdnres for a transfer of a license.
Liquor Application by Corporation Class «Class_oCLicense» # «Number_oCLicensen Entity: «ApplicationType»
J.a.\! 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 Dorrance
Hamilton, 97%, and PGEM, LLC, 3%.
(The sole members of PGEM, LLC, are Peter Borden and George Moore.)
PATRICK C'N. HAYES
194Z·2005
i
A. PECKHAM
-..l
I
EDWARD J
f
CORCORAN
",,,·_·.,-1-919"1997
NOV - 3 :.'
TELEPHONE 40H347-0S72
FAX 401-847-5810
EMAI L: cphg@cphglaw.com
www.cphglaw.com
31 AMERICA'S CUP AVENUE
P. 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
Stephen C. Waluk and
Members of the Board of
License Commissioners
The City of Newport
City Hall
43 Broadway
Newport, Rhode Island 02840
Re: 41
0
North
Dear Mr. Waluk and Members ofthe Board:
Please be advised that I represent Behan Bros., Inc. We have become aware of the
application 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 licensee
incurred in the operation of the licensed premises shall be paid to or released by an objecting
creditor before the issuing body permits the transfer."
Behan Bros., Inc. hereby objects to this transfer as Behan Bros., Inc. has an outstanding
lien in the amount of $1,619,502.39 on the licensed premises. There is no indebtedness more
incurred in the operation of the licensed premises than the indebtedness incurred to build the
licensed premises.
We respectfully request that before this transfer is permitted that the outstanding
indebtedness owed to Behan Bros., Inc. be paid.
I expect to be present at the scheduled meeting on this matter should you have any
questions.
Z
ince 1,,, /I

el ··P. Galvin
ngalvin@cphglaw.com
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
31 AMERICA'S CUP AVENUE
P. O. BOX 389
NEWPORT, R.1. 02840
TELEPHONE 401-847-0872
FAX 401-847-6810
EMAIL: cphg@cphglaw.com
www.cphglaw.com
December 23. 2011
WILLIAM A. PE;CKHAM
1919-1963
EDWARD ..J. CORCORAN
1919-1997
PATRICK O'N. HAYES
1942-2005
Stephen C. Waluk and
Members of the Board of
License Commissioners
The City ofNewport
City Hall
43 Broadway
Newport, Rhode Island 02840
Re: 41
0
North
Dear Mr. Waluk andMembers ofthe Board:
I " ~
i
O
[
·'C ,) '7
,.. f.- I
i
l . .
Based on further review of information relating to this application, this is to
inform you that Behan Bros., Inc. is hereby withdrawing its previously filed objection to
the transfer. based on R.I. G. L. 3-5-19.
* p 1 ~
NeJl P. Galvin
ngaivin@21hgI.!lw,rom
NPG/rc
cc: S. MacGillivray, Esq.
T. Scott, Esq.
STATE OF RHODE ISLAND
NEWPORT, S.C.
DEC
C
BOARD OF LICENSE COMMISSIONERS
INRE: Class BH& BTAlcoholic Beverage License transfer to 802 Partners, LLC
AFFIDAVIT
Pursuant to RJ.G.L 3-5-19
I, Peter M. Borden, upon oath depose and say as follows:
1) Forty 1
0
North, LLC ("41
0
North") is a Rhode Island Limited Liability Company and
holder 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 and
14-16-20 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 Behan
Bros., Inc., the contracting company who built a portion ofthe buildings presently housing
the 41
0
North licensed premises;
5) 41
0
North has never had a contract with, nor has it engaged Behan Bros., Inc. to perform
any services or provide any goods, materials, or service in the operation ofthe alcoholic
beverage 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 the
operation ofthe licensed premises;
7) 802 Partners has disputed the claimofBehan Bros., Inc., and 802 Partners has a claim for
damages against Behan Bros., Inc. in excess of$1.9 million. Said dispute is the subject of
an 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 any
contractual 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 further
affirms that this affidavit/statement of dispute is not interposed for the purposes of
inducing transfer ofthe BH and BT alcoholic beverage licenses held by 41
0
North.
STATE OF RHODE ISLAND
COUNTY OF NEWPORT
Subscribed to and sworn to before me this V ~ " - d a y 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
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CITY OF NEWPORT
Board of Licensing Commissioners
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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 the
Newport Police Department for fmgerprinting and a routine check has been completed. _
_----'E J
__
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
. '.
Transferor hereby petitions the Licensing Board to transfer the said license to:
NAME OF TRANSFEREE Thames Street Licenses, LLC
TEL.# not yet established
D/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 member
PRINT NAME
biZ-i) /3
TRANSFEREES URE
I elf/en.. (. f' t.,
WITNESS OF LICENSING BOARD ORNOTARY PUBLIC
Use Only
- I 7
License Issued by: Date Issued:
-------
ACTION OF COUNCIL ACTION DATE, _
. App03Li'lllorl'l'ollsfer
(i '] II
Page 1 of2 STATE OF RHODE ISLAND
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: £,' J t..-l C-
D/B/A:
lulu
Premises
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State - Incornorated: I fJ-! IDate oflncornoration: 1//'1>/1--... I Business Telephone No: I
Name Address and Tel. # of All Officers (ifLLC, List Manager under President and change title to "Manager"':
TITLE NAME HOME ADDRESS TELEPHONE
President tWr/ 11 .z.), I (/AA
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Vice·Pres.
Secretary
Treasurer
Mallmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. If Other Please speCify below:
Name of Each Director/Board Member Address
..
r······················....···
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.....••••••••...••••••••......••••••.••..•..•••••••.•.•••••••••.......••••.••••••.....•.•••••••••...•...•.••.••••••.. j
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If Corporation, Classes of Stock: Amount of This Class Authorized: Amount of This Class Issued:
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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 I
Approved by Council_________ Disapproved by Council ---,__
Issued By Date License & Section 5.12 Received by _
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-
Page 2 of2

STATE OF RHODE ISLAND Newport
I D/B/A iJ V
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:
Is on of undisclosed[2]-Ifyes, give details: I
prmclpal or party m mterest? ,-_-=;-------r===i--------....J
Does Applicant Own premises?1 YtJ I-property Mortgaged? r>I I - Property Leased8-
If Mortgaged or Leased: Amount of Extent: "prJ P, !t7v" I

Name and Address of Mortgagee or Lessee: fr 4/ b
___,_-=--_,_---------------'
Have any ofthe applicants ever been arrested or convicted of a crime? I IV iJ I- If yes, explain: •
I
Is any other business to be carried on in Licensed Premises? I Iv'IJ I- If yes, explain: •
I
.
I
Is 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 retail
license issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended? I I- If yes, explain: •
/0,
State amount of capital 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
....... pate
1//7 1"1-
6
WIT N E S S 0 f L ice n sin g Boa r d 0 r NOT A R Y PUBL I C Date Commission Expires (for Notary)
"NOTE: For new, transfer, expansion, or renewal the owner/sl must sign. In a corporation, the officers should
sign; in an LLC, the "designated manager" and a member are to sign, We are no longer to accept the signature
of a manager or attorneY on behalf of the owner.
I, Every qnestion on Application Form must be answered, Any false statement made by the Applicant will be sufficient
grounds for the denial of the application or the revocation of the license in case one has been granted.
2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).
3. Attention is called to the requirements of the 1963 amendment of Section 3-5-10 of the General Laws.
a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.
b. Any acquisition by any person of more than ten percent (10%) of any class of corporate stock must be reported
within 30 days.
c. Any transfer of fifty percent (50%) or more of any class of corporate stock can be made only by written application
to the licensing board subject to the procedures for a transfer of a license.
Liquor Application by Corporation Class «Class of License» # «Number of License» Entity: «ApplicationType»
L.asi prilltcd 919t20 I J 2: 16 PM tik Liqll I.LCCOHPflppMcrge.d(lc-
Page 2 of2

LIQUOR LICENSE INFORMATION SHEET CONTINUED:

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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 if you 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 if needed.
Name of Corporation or Date & Place of Birth State Tax ID if
Owners of LLC or (if not Corporation) Corporation or
Owners iffudividnal or Partners. Social Security #
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Name of Corporation or Address of Corporation or
Corporate or
Owners ofLLC or Home Address if Owner &
Home Phone #
Owners if Individual or Partners. Home Address if Member

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AIR CONDITIONINMG
REFRIGERATION AND
ELECTRICAL SERVICE
Dond
103 Forest Avenue·
January 6, 2012
Sons
rOde Island 02842
(401) 846-0110
EVENINGS: (401) 683-0701
FAX: (401) 846-8816
Kathleen M. Silva
City Clerk
43 Broadway
Newport, RI 02840
Re: Salas Restaurant-343 Thames St.-Newport, RI 02840
Dear Kathleen M. Silva:
Please do not transfer liquor license for Salas
Restauran't uhtil the full· atnount of $1,881.51 has been
paid in full to Don Jestings & Sons LLC for services
rendered.
Copy of statement enclosed.
Thanking you in advance, I remain,
Yours truly,

Donald Paul
Don Jestings & Sons LLC
DPJ: ld
Ene.
NAME
ADDRESS
CITY
Salas Restaurant
343 Thames Street
Newport,RI 021340
..
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. - -- ---- ...-_.----_.._-------.-_...__..
Svc. -'JJ ge
;/
.-
-
DATE DESCRIPTION DEBIT CREDIT BALANCE
-
$3,b55.42
Balance forward
7-2\J-ll 7-12 1413.135
$3,1304.27
15-1-11 7-13 135.()O 7-25 275.37
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. PISANO
Attorney
401·464·6358 p.2
January 13,2012
City Council Sitting as Board
of License Commissioners
Newport City Hall
43 Broadway
Newport, Rl 02840
Fax: 848.5750
Gentlemen:
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:
In accordance with the provisions of Section 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 of
Tropical Restaurant, Inc" d/b/a Salas, hearing date January 25, 2012, for the reason that said
Salas is indebted as follows;
Johnston Brothers $ 1,501.38
Tbe above indebtedness was incurred in the operation ofthe premises at 341-343-345 Thames
Street, Newport, RI. In accordance with the above-quoted statute, it is respectfully requested that
the said license not be transferred lUlless the indebtedness is paid in full.
yours,

Piiul J. Pisano, Esq.
235 Cowesett Road • Warwick, Rhode Island 02886
• Tel: (40 l) 881--8850
• paucar2@verizon.net
Communication #4947/12
Docket Date: January 25,2012
City ofNewport
REQUEST FOR ACTION BY CITY COUNCIL, SITTING AS
BOARD OF LICENSE COMMISSIONERS
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Chairman Walnk and Members of the Board of License Commissioners
Jane Howington, City Manager\l (I.\-
Jannary 17, 2012 (J
Show Canse Hearing: Slippery Slopes Spirits, LLC, d/b/a Spring Street Spirits
Violation of the Conditions of the Class A Alcoholic Beverage License - Failnre
to Receive Clearance from the Rl Division of Taxation
City Solicitor's Office
It is recommended that the licensee show cause as to why their Class A liquor license should not be suspended or
revoked, or a fine imposed, for the apparent violations of the Rules and Regulations of the Liquor Control Section of the
Rl Department of Business Regulation and/or the Rules and Regulations of the Board of License Commissioners and the
Codified Ordinances of the City of Newport.
BACKGROUND AND FINDINGS:
The licensee, Slippery Slopes Spirits, LLC, d/b/a Spring Street Spirits, has failed to meet the conditions of the Council in
granting renewal of the Class A Alcoholic Beverage License for the period of December I, 20II through December I,
2012 because of the licensee's failure to receive clearance from the Rl Division of Taxation.
PREVIOUS LEGISLATIVE ACTION
FISCAL IMPACT
_ Currently Budgeted (Account, -') _ Requires additional appropriation --X No Fiscal Impact
SUPPORTING DOCUMENTS
Complaint served January 3,2012
Finance Dept Review: Date
By: _
(if applicable)
CITY OF NEWPORT
BOARD OF LICENSE COMMISSIONERS
Joseph J. Nicholson, Jr. in his
capacity as City Solicitor
vs.
Slippery Slopes Spirits, LLC
d/b/a Spring Street Spirits
Michael Johnson, President
137 Spring St., Unit S-l
Newport, Rhode Island
COM P L A I N T
JOSEPH J. NICHOLSON, JR., in his capacity as City Solicitor
of the City of Newport, hereby complains that the above-named
liquor licensee been operating without a Class A alcoholic
beverage license and has violated the following statutory and/or
regulatory provisions of the General Laws of Rhode Island, the
Regulations of the Liquor Control Administrator, and/or the Rules
and Regulations of the Board of License Commissioners of the City
of Newport in the following specifications:
Said licensee has been operating without a Class A alcoholic
beverage license and has failed to meet the provisions of
Section 3-5-1 of the Rhode Island General Laws, and Sections
5.12.010 and 5.12.020 of the Codified Ordinances of the City
of Newport for the issuance of its Class A alcoholic
beverage licenses by:
1) failing to receive clearance from the RI Division of
Taxation.
WHEREFORE, the City Solicitor requests the Board of License
Commissioners to take such action against the liquor license of
the defendant licensee as the Board of License Commissioners
deems fair and just.
Joseph J. :Nicholson, Jr.
City'Solicitor
CITY OF NEWPORT
BOARD OF LICENSE COMMISSIONERS
TO: Slippery Slopes Spirits, LLC
d/b/a Spring Street Spirits
Michael Johnson, President
137 Spring St., Unit S-l
Newport, Rhode Island
Please take notice that the within Complaint will be called
for hearing before the Board of License Commissioners of the City
of Newport in the Council Chamber of Cit,y Hall on the 25th day of
January, 2012, at 6:30 p.m., or as as the matter
may 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 1012, I hand-delivered a true copy of
the foregoing Complaint to 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
Communication #4948/12
Docket Date: January 25,2012
City of Newport
REQUEST FOR ACTION BY CITY COUNCIL, SITTING AS
BOARD OF LICENSE COMMISSIONERS
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Chairman Waluk and Members of the Board of License Commissioners
Jane Howington, City Manager "" ~
January 17, 2012 U
Show Cause Hearing: Billy Goode Company, Inc., d/b/a Billy Goode's-
Violation of the Conditions of the Class BV Alcoholic Beverage License-
Failure to Receive Clearance from the Rhode Island Department of Taxation,
Failure to Pay Renewal Fees (Plus Penalties for said Alcoholic Beverage and
Victualing Licenses, Failure to Receive Clearance from the Newport Tax
Collector, and Failure to Submit Current Certificates of Liability Insurance
and Workers' Compensation Insurance
City Solicitor's Office
It is recommended that the licensee show cause as to why their Class BV liquor license should not be suspended or
revoked, or a fine imposed, for the apparent violations of the Rules and Regulations of the Liquor Control Section of the
RI Department of Business Regulation and/or the Rules and Regulations of the Board of License Commissioners and the
Codified Ordinances of the City ofNewport.
BACKGROUND AND FINDINGS:
The licensee, Billy Goode Company, Inc., d/b/a Billy Goode's, has failed to meet the conditions of the Council in
granting renewal of the Class BV Alcoholic Beverage License for the period of December I, 2011 through December I,
2012 because of the licensee's failure to receive clearance from the Rhode Island Department of Taxation, failure to pay
renewal fees (plus penalties) for said alcoholic beverage and victualing licenses, failure to receive clearance from the
Newport Tax Collector, and failure to submit current certificates of liability insurance aud workers' compensation
insurance.
PREVIOUS LEGISLATIVE ACTION
FISCAL IMPACT
_ Currently Budgeted (Account. ~ ) _ Requires additional appropriation.-X No Fiscal Impact
SUPPORTINGDOCUMENTS
Complaint served January 3, 2012
Finance Dept Review: Date
By: _
(if applicable)
CITY OF NEWPORT
BOARD OF LICENSE COMMISSIONERS
Joseph J. Nicholson, Jr., in his
capacity as City Solicitor
vs.
Kevan J. Campbell
President
Billy Goode Company, Inc.
d/b/a Billy Goode's
29 Marlborough Street
Newport, Rhode Island
COM P L A I N T
JOSEPH J. NICHOLSON, JR., in his capacity as City Solicitor
of the City of Newport, hereby complains that the above-named
liquor licensee has violated the following statutory and/or
regulatory provisions of the General Laws of Rhode Island, the
Regulations of the Liquor Control Administrator, and/or the Rules
and Regulations of the Board of License Commissioners of the City
of Newport in the following specifications:
Said licensee has been operating since December 1, 2011,
without an alcoholic beverage license and victualing
license, and failed to meet the provisions of Section 3-5-1
of the Rhode Island General Laws, and Section 5.04.040;
5.04,050; 5.12,010; and 5.12.020, Paragraph C-4, of the
Codified Ordinances of the City of Newport for the issuance
of its Class BV alcoholic beverage licenses by:
1) failing to receive clearance from the RI Division of
Taxation;
2) failing to pay renewal fees (plus penalties) for said
alcoholic beverage and victualing licenses;
3) failing to receive clearance from the City of Newport
Tax Collector;
4) failing to submit current certificates of liability
insurance and worker's compensation insurance.
WHEREFORE, the Director of Public Safety requests the Board
of License Commissioners to take such action against the liquor
license of the defendant licensee as the Bo?rg of License
Commissioners deems fair and just. !\
I
Joseph J: Nicholson, Jr.
City Solicitor
CITY OF NEWPORT
BOARD OF LICENSE COMMISSIONERS
TO: Kevan J. Campbell
President
Billy Joode Company, Inc.
Goode's
29 Marlborough Street
Newport, Rhode Island
Please take notice that the within Complaint will be called
for hearing before the Board of License,.fommissioners of the City
of Newport in the Council Chamber of Hall on the 25th day of
January, 2012, at 6:30 p.m., or as soon'thereafter as the matter
may be heard. !
JosephJ. Nicholson, Jr.
City Solicitor
C E R T I F I CAT E
his/her in
at the above-named
the foregoing Complaint to
capacity as
establishment.
I, ,-",-,\\cu:+ , hereby certify that on the
day L.!>1'2.- , I hand-delivered a true copy of
jhot1lG? _
Police Officer
Badge No.
PLEASE RETURN THIS FORM TO THE CITY CLERK
Communication #4949/12
Docket Date: January 25, 2012
.;s · 1 ; J ; ~
~ . "
City of Newport
REQUEST FOR ACTION BY CITY COUNCIL, SITTING AS
BOARD OF LICENSE COMMISSIONERS
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Cbairman Waluk and Members of the Board of License Commissioners
Jane Howington, City Manager ~ b1
January 17, 2012 ()
Show Cause Hearing: NWPT, Inc., d/b/a One Eighty - Violation of the
Conditions of the Class BV Alcoholic Beverage License -Failure to Receive
Clearance from the Rhode Island Department of Taxation, Failure to Receive
Clearance from the Newport Tax Collector, and Failure to Receive Clearance
from the Newport Fire Department
City Solicitor's Office
It is recommended that the licensee show cause as to why their Class BV liquor license should not be suspended or
revoked, or a fine imposed, for the apparent violations of the Rules and Regulations of the Liquor Control Section of the
RJ Department of Business Regulation and/or the Rules and Regulations of the Board of License Commissioners and the
Codified Ordinances of the City ofNewport.
BACKGROUND AND FINDINGS:
The licensee, NWPT, Inc., d/b/a One Eighty, has failed to meet the conditions of the Council in granting renewal of the
Class BV Alcoholic Beverage License for the period of December I, 2011 through December I, 2012 because of the
licensee's failure to receive clearance from the Rhode Island Department of Taxation, failure to receive clearance from
the Newport Tax Collector, and failure to receive clearance from the Newport Fire Department.
PREVIOUS LEGISLATIVE ACTION
FISCAL IMPACT
_ Currently Budgeted (Account. ~ ) _ Requires additional appropriation...x No Fiscal Impact
SUPPORTING DOCUMENTS
Complaint served January 3;2012
Finance Dept Review: Date
By: _
(if applicable)
CITY OF NEWPORT
BOARD OF LICENSE COMMISSIONERS
Joseph J. Nicholson, Jr. in his
capacity as City Solicitor
vs.
Lawrence E. Newsome, President
NWPT, Inc.
d/b/a One Eighty
8-10 Broadway
Newport, Rhode Island
COM P L A I N T
JOSEPH J. NICHOLSON, JR., in his capacity as City Solicitor
of the City of Newport, hereby complains that the above-named
liquor licensee has violated the following statutory and/or
regulatory provisions of the General Laws of Rhode Island, the
Regulations of the Liquor Control Administrator, and/or the Rules
and Regulations of the Board of License Commissioners of the City
of Newport in the following specifications:
Said licensee failed to meet the provisions of Section 3-5-1
of the Rhode Island General Laws, and Sections 5.04.040;
5.12,010; and 5.12.020, Paragraph C-4, of the Codified
Ordinances of the City of Newport for the issuance of its
Class BV alcoholic beverage licenses by:
1 ) failing to receive clearance from the RI Division of
Taxation;
2) failing to receive clearance from the City of Newport
Tax Collector;
3) failing to receive clearance from the Newport Fire
Department.;
WHEREFORE, the City Solicitor requests the Board of License
Commissioners to take such action against the liquor license of
the defendant licensee as the Board of License Commissioners
deems fair and just.
Joseph J. Nicholson, Jr.
City Solicitor
· ,
CITY OF NEWPORT
BOARD OF LICENSE COMMISSIONERS
TO: NWPT, Inc.
Lawrence E. Newsome, President
d/b/a One Eighty
8-10 Broadway
Newport, Rhode Island
Please take notice that the within Complaint will be called
for hearing before the Board of License Commissioners of the City
of Newport in the Council Chamber of City Hall on the 25th day of
January, 2012, at 6:30 p.m., or as thereafter as the matter
may be heard.
Joseph J: Nicholson, Jr.
City Solicitor
at the above-named
, I hand-delivered a true copy of
in his/her
I CAT E C E R T I F
I, , hereby certify that on the
day of 0'--1 ?on..
the foregoi ng Comp'r a int to
capacity as _
establishment.
Police Officer Badge No.
/1tJ{
PLEASE RETURN THIS FORM TO THE CITY CLERK
Communication #4950/12
Docket Date: January 25,2012
City ofNewport
REQUEST 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 Commissioners
Jane Howington, City Manager ~ \ \
January 17, 2012
Show Cause Hearing: Carter, LL ,d/b/a Speakeasy Bar and Grill- Violation
of the Conditions of the Class BV Alcoholic Beverage License -Failure to
Receive Clearance from the Newport Fire Department
City Solicitor's Office
It is recommended that the licensee show cause as to why their Class BV liquor license should not be suspended or
revoked, or a fme imposed, for the apparent violations of the Rules and Regulations of the Liquor Control Section of the
lU Department of Business Regulation and/or the Rules and Regulations of the Board of License Commissioners and the
Codified 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 granting
renewal of the Class BV Alcoholic Beverage License for the period of December I, 2011 through December I, 2012
because of the licensee's failure to receive clearance from the Newport Fire Department.
PREVIOUS LEGISLATIVE ACTION
FISCAL IMPACT
_ Currently Budgeted (Account. -.J) _ Requires additional appropriation...x. No Fiscal Impact
SUPPORTING DOCUMENTS
Complaint served January 3,2012
Finance Dept Review: Date By:
----
(if applicable)
,
( ~ ('
j
1
"
CITY OF NEWPORT
BOARD OF LICENSE COMMISSIONERS
Joseph J. Nicholson, Jr. in his
capacity as City Solicitor
vs.
Carter, LLC
d/b/a Speakeasy Bar and Grill
Michele Carter, President
250 Thames Street
Newport, Rhode Island
COM P L A I N T
JOSEPH J. NICHOLSON, JR., in his capacity as City Solicitor
of the City of Newport, hereby complains that the above-named
liquor licensee been operating without a Class BV alcoholic
beverage license and has violated the following statutory and/or
regulatory provisions of the General Laws of Rhode Island, the
Regulations of the Liquor Control Administrator, and/or the Rules
and Regulations of the Board of License Commissioners of the City
of Newport in the following specifications:
Said licensee failed to meet the provisions of Section 3-5-1
of the Rhode Island General Laws, and Sections 5.04,020 and
5.12,010 of the Codified Ordinances of the City of Newport
for the issuance of its Class BV alcoholic beverage licenses
by:
1) failing to receive clearance from the Newport Fire
Department.;
WHEREFORE, the City Solicitor requests the Board of License
Commissioners to take such action against the liquor license of
the defendant licensee as the Board of L i c e ~ s e Commissioners
deems fair and just. '
Joseph J. 'Nicholson, Jr.
City Solicitor
CITY OF NEWPORT
BOARD OF LICENSE COMMISSIONERS
TO: Carter, LLC
d/b/a Speakeasy Bar and Grill
Michele Carter, President
250 Thames Street
Newport, Rhode Island
Please take notice that the within Complaint will be called
for hearing before the Board of License Commissioners of the City
of Newport in the Council Chamber of City Hall on the 25th day of
January, 2012, at 6:30 p.m., or as soon thereafter as the matter
may be heard. j
Joseph J.
City Soli6itor '
Jr.
/
C E R T I F I CAT E
, hereby certify that on the
the foregoing
of true'copy
his9
in
at the above-named
201{
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Complaint
to
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capacity as
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Police Officer Badge No.
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PLEASE RETURN THIS FORM TO THE CITY CLERK
Communication #4951/12
Docket Date: January 25,2012
City of Newport
REQUEST FOR ACTION BY CITY COUNCIL, SITTING AS
BOARD OF LICENSE COMMISSIONERS
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Chairman Waluk and Members of the Board of License Commissioners
Jane Howington, City M a n a g e ~ \ \ -
January 17, 2012
Show Canse Hearing: Vader, L C, d/b/a H20 - Violation of the Conditions of
the Class BV Alcobolic Beverage License - Failure to snbmit a Certificate of
Good Standing from the Secretary of State, Failnre to Receive Clearance from
the Rhode Island Division of Taxation, Failnre to Receive Clearance from the
Newport Tax Collector, Failnre to Receive Clearance from the Newport Fire
Department, Failnre to Snbmit Verification of alcobol Server Training, and
Failure to Provide Current Certificates of Liability Insurance and Workers'
Compensation Insnrance
City Solicitor's Office
It is recommended that the licensee show cause as to why their Class BV liquor license should not be suspended or
revoked, or a fine imposed, for the apparent violations of the Rules and Regulations of the Liquor Control Section of the
RI Department of Business Regulation and/or the Rules and Regulations of the Board of License Commissioners and the
Codified Ordinances of the City of Newport.
BACKGROUND AND FINDINGS:
The licensee, Vader, LLC, d/b/a H20" has failed to meet the conditions of the Council in granting renewal of the Class
BV Alcoholic Beverage License for the period of December I, 2011 through December 1,2012 because of the licensee's
failure to submit a Certificate of Good Standing from the Secretary of State, failure to receive clearance from the Rhode
Island Division of Taxation, failure to receive clearance from the Newport Tax Collector, failure to receive clearance
from the Newport Fire Department, failure to submit verification of alcohol server training, and failure to provide current
certificates of liability insurance and workers' compensation insurance.
PREVIOUS LEGISLATIVE ACTION
FISCAL IMPACT
~ Currently Budgeted (Account. --') ~ Requires additional appropriation -XNo Fiscal Impact
SUPPORTING DOCUMENTS
Complaint
Finance Dept Review: Date
By: _ (if applicable)
,
,
CITY OF NEWPORT
BOARD OF LICENSE COMMISSIONERS
Joseph J. Nicholson, Jr. in his
capacity as City Solicitor
vs.
Thomas E. Whittington, President
Vader, LLC
d/b/a H20
359 Thames Street
Newport, Rhode Island
COM P L A I N T
JOSEPH J. NICHOLSON, JR., in his capacity as City Solicitor
of the City of Newport, hereby complains that the above-named
liquor licensee has violated the following statutory and/or
regulatory provisions of the General Laws of Rhode Island, the
Regulations of the Liquor Control Administrator, and/or the Rules
and Regulations of the Board of License Commissioners of the City
of Newport in the following specifications:
Said licensee failed to meet the provisions of Section 3-5-1
of the Rhode Island General Laws, and Section 5.04.040;
5.04,050; 5.12,010; and 5.12.020, Paragraph C-4, of the
Codified Ordinances of the City of Newport for the issuance
of its Class BV alcoholic beverage licenses by:
1) failing to submit a Certificate of Good Standing from
the Secretary of State;
2) failing to receive clearance from the RI Division of
Taxation;
3) failing to receive clearance from the City of Newport
Tax Collector;
4) failing to receive clearance from the Newport Fire
Department;
5) failing to submit verification of alcohol server
training;
6) failing to provide current certificates of liability
and worker's compensation insurances.
WHEREFORE, the City Solicitor requests the Board of License
Commissioners to take such action against the liquor license of
the defendant licensee as the Board of License Commissioners
deems fair and just.
7
Joseph 'J. Nicholson, Jr.
City Solicitor
CITY OF NEWPORT
BOARD OF LICENSE COMMISSIONERS
TO: Vader, LLC
Thomas F. Whittington, President
d/b/a H20
359 Thames Street
Newport, Rhode Island
Please take notice that the within Complaint will be called
for hearing before the Board of License Commissioners of the City
of Newport in the Council Chamber of City Hall on the 25th day of
January, 2012, at 6:30 p.m., or as soon t h ~ r e a f t e r as the matter
may be heard. . I
I
Joseph 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
Police Officer Badge No.
PLEASE RETURN THIS FORM TO THE CITY CLERK