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CITY OF NEWPORT DOCKET OF THE COUNCIL 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 August 24, 2011, at 6:30 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG CITIZEN'S FORUM: (Speakers must sign in with the City Clerk). The Citizen's Forum period shall be no longer than fifteen minutes and citizens may address the Council on one subject only and for no longer than three minutes. Issues to be discussed shall not include matters to be considered or discussed as part ofthe regular council agenda and must be related to substantive city business. No comments regarding personnel or job performance are allowed. 1. PUBLIC HEARING: Proposed Amendments to the Zoning Ordinance: Section 17.08.010 (Definition of "Convalescent Homes and Rest Homes") and Section 17.100.040(E) (Expansion of convalescent homes and rest homes that existed prior to April 13, 1977). a. Recommendation of the Planning Board b. Ordinance amending Sections 17.08 and 17.100 ofthe Codified Ordinances (First Reading) It is the practice of the Council to meet at 6:20 p.m. in the second-floor Conference Room to discuss docket items. The public is invited to attend. The docket, along with all supporting documents, can be viewed on the City of Newport website: www.cityofnewpOlt.com- .. CurrentNewport City News & Announcements" - Click on "MORE NEWS." Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. A DVD of the Council Meeting will be available at the Newport Public Library within 48 hours of the meeting. LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT THE NEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPON NOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCE OF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUST NOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.

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Page 1: Counci Docket 08 24

CITY OF NEWPORTDOCKET OF THE COUNCIL

The following items of business, filed with the City Clerk under the Rules oftheCouncil, will come before the Council at its regular meeting to be held onAugust 24, 2011, at 6:30 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG

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

1. PUBLIC HEARING: Proposed Amendments to the Zoning Ordinance:Section 17.08.010 (Definition of "Convalescent Homes and Rest Homes") andSection 17.100.040(E) (Expansion of convalescent homes and rest homes thatexisted prior to April 13, 1977).

a. Recommendation of the Planning Board

b. Ordinance amending Sections 17.08 and 17.100 ofthe CodifiedOrdinances (First Reading)

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

LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT THENEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPONNOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCEOF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUSTNOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.

Page 2: Counci Docket 08 24

DOCKET OF THE COUNCILAugust 24,2011Page 2

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

a. Minutes of the July 27 and August 10, 2011, Council Meetings (Approve)

b. Special Event Licenses:

1)

2)

3)

4)

5)

6)

7)

8)

The Museum ofNewport Irish History, d/b/a Andy Cooney IrishMusic; Jane Pickens Theater, 49 Touro St., August 26,2011 from5:00 p.m. to 7:00 p.m.

Bill Hare, d/b/a Beach 5 Sand Soccer; Easton's Beach, August 27 &28 th

, 2011 from 8:00 am to 6:00 p.m.

Looking Upwards, Inc., d/b/a Newport Arts Festival; NewportYachting Center, August 27,2011, from 10:00 a.m. to 6:30 p.m.,and August 28,2011, from 10:00 a.m. to 5:00 p.m.

Sail Newport, Inc., d/b/a "Sail for Pride"; Newport Shipyard, 1Washington St. September 11,2011, from 4:00 p.m. to 10:00 p.m.

Paul A. Hafner, Jr., d/b/a Late Summer Wiffleball Classic; MortonPark, September 11,2011 from 8:00 a.m. to 6:00 p.m.

The Leukemia & Lymphoma Society, d/b/a "Light the Night"Walk; September 24, 2011, from 7:00 p.m. to 9:30 p.m. (beginningand ending at Wakehurst, Salve Regina University; route includedwith application)

Patrick Kilroy, d/b/a The Landing Seafood Fest; 30 Bowen'sWharf, October 15 & 16, 2011 from 11 :00 a.m. to 7:00 p.m.

Visiting Nurse Service ofNewport & Bristol Counties, d/b/aChocolate BrunchlFundraiser; Rotunda at Easton's Beach,November 6, 2011 from 12:00 p.m. to 3:00 p.m.

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DOCKET OF THE COUNCILAugust 24,2011Page 3

c. Holiday Selling Licenses, New:1) Francesca Erice, d/b/a Newport Girl, 7 Christie's Landing2) Shivam, Inc., d/b/a JD's, 125 Swinburne Row3) Whitman Designs, LLC, d/b/a Whitman Designs, 8 Marlborough

St.

d. Pedicab Operator Licenses:1) Samuel Babikian, 53 Shore Drive, Middletown, RI2) Tyson Bottenus, 9 Upper College Rd., Kingston, RI3) Benjamin Kiracofe, 216 Gibbs Ave., Newport, RI4) A. Ben Leadbetter, 27 Sycamore St., Providence, RI5) Paul Mata, 120 Tweed St., Cranston, RI6) Joel Senger, 64 Callendar Ave., Newport, RI7) Paul L. Steidinger, 39 Cranston Ave., Unit 3, Newport, RI

e. Tattooing License, Renewal, Fred Smith American Tattoo, 10 Collins St.

f. Private Detective License, Renewal, William J. Gearon, Jr., d/b/a DeBeersInvestigations, 99 Narragansett Ave. Unit C-4

g. Communication from Marty Grimes, III Champlin Place No., requestingpermission to close Champlin PI. No., from Ellery Road to 107 ChamplinPI. No., on September 4, 2011, from 2:00 p.m. to 8:00 p.m. for aneighborhood block party. (Approve subject to details being worked outwith the city administration)

h. Communication from Brett Allen, MS Walker ofRI, asking permission tochange the date of the Oyster Festival at Fort Adams State Park to Sunday,October 9, 2011(previously approved for Oct. 8th

) (Approve)

1. Communication from CRMC, re: Notice of Continuation of applicationfor State Assent of City ofNewport CRMC File Number 2010-05-070,Extension to existing Anne Street Pier, (application continued fromAugust 23,2011) (Receive)

J. Communication from United States Coast Guard, re: Received from theMassachusetts Department of Transportation a Bridge Permit Amendmentfor approval to place submarine cable at and for extension oftime tocomplete the Brightman Street Bridge across Taunton River, mile 2.1between Fall River and Somerset, Massachusetts (Receive)

Page 4: Counci Docket 08 24

DOCKET OF THE COUNCILAugust 24,2011Page 4

k. Claims: (Receive and refer to City Solicitor)1) Bonnie Dugan2) Anthony J. Cassese, by attorney3) Tina Cassese4) Edward F. Kearney, by attorney5) Nathan Mosher, by attorney6) Ellen O'Brien

LICENSES & PERMITS

3. Application for a Sound Variance, Cdr. Ian Bray, 719 Bellevue Ave., on August27,2011, from 5:00 p.m. to midnight (Hearing)

4. Application for a Second-hand License, Maryelizabeth Vereskis, d/b/a MemoryLane, 80 Thames St.

5. Application for a Holiday Selling License, Maryelizabeth Vereskis, d/b/a!Memory Lane, 80 Thames St.

COMMUNICATIONS & PETITIONS

6. Communication from Robin Gardner, 97 Third St., re: requesting pennission toaddress the council on traffic issues at the intersection ofVan Zandt Ave. andThird St.

RESOLUTIONS

7. Honoring the Recipients ofthe Doris Duke Preservation Awards - City Council

ORDINANCES

8. Amending Section 3.16.060 of the Codified Ordinances, entitled, "Pay Schedulefor ...Fire Division." (Second Reading)

9. Amending Section 10.08.180, entitled, "Speed Restrictions"; to reduce speedlimit on Thames St., between Poplar and Marlborough Sts., to 20 miles per hour(Second Reading)

Page 5: Counci Docket 08 24

DOCKET OF THE COUNCILAugust 24,2011PageS

COMMUNICATIONS FROM THE CITY MANAGER

10. Communication #4885/11, re: National Grid Petition for Pole Location at 365Thames Street (Continued from August 10,2011)

11. Communication #4892/11, re: Newport Substance Abuse Prevention Task Force(NSAPTF) - Contract for Services: NSAPTF Coordinator-Contract PeriodAugust 8, 2011-June 30, 2012 (with accompanying resolution)

12. Communication #4893/11, re: US Department ofDefense, Office ofEconomicAdjustment (OEA) Grant (with accompanying resolution)

13. Communication #4894/11, re: City of Newport & Aquidneck Island ReusePlanning Authority Agreement (with accompanying resolution)

14. Communication #4895/11, re: Contract Change Order for Design-Build of FireSuppression (Sprinkler) System for Transient Boater Facility (Beach Level ofthe Harbor Center) (with accompanying resolution)

15. Communication #4896/11, re: Perrotti Park Long Wharf Transient DockRIDEM Grant Agreement (with accompanying resolution)

16. Communication #4897/11, re: Award of Bid #12-008, Enterprise Funds-KingPark Mobile Food Concession (with accompanying resolution)

17. Communication #4898/11, re: Award of Bid #12-002-King Park Beach SeawallRepairs (with accompanying resolution)

18. Communication #4899/11, re: Award of Bid #12-011-Guardrail Improvements(with accompanying resolution)

19. Communication #4900/11, re: Contract #10-027-Catch Basin Separation Area 6Project-Modification

20. Communication #4901/11, re: Award of Bid #12-007 Water Division-Trenchand Sidewalk Restoration (with accompanying resolution)

21. Communication #4902/11, re: Phase 2 Engineering Services to Contract #11­046 Beach Pump Station Improvements (with accompanying resolution)

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DOCKET OF THE COUNCILAugust 24,2011Page 6

ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSECOMMISSIONERS

BOARD OF LICENSE COMMISSIONERS

1. Application for a Class F-l Daily Liquor License, Sail Newport, Inc., d/b/a "Sailfor Pride" Fundraiser, Newport Shipyard, September 11,2011, from 4:00 p.m.to 10:00 p.m.

ADJOURN as Board of License Commissioners, RECONVENE as Council, and,qased upon an affirmative vote of the majority ofthe members, convene in ExecutiveSession in the Conference Room, pursuant to RI General Laws, Section 42-46-1, asamended, and in accordance with Section 42-46-5, "Purposes for Which Meeting Maybe Closed," Paragraphs (a) (1) Personnel Matters (a)(2) Collective Bargaining, thepending vacancy of the position of city manager and AFSCME C-94, Local 911Negotiations will be discussed.

RECONVENE IN OPEN SESSION and ADJOURN.

ADJOURNf.

Kathleen M. SilviaCity Clerk

August 17, 2011

Page 7: Counci Docket 08 24

TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCILOF THE

CITY OF NEWPORT

PETITION TO AMEND ZONING ORDINANCE

WHEREAS, your Petitioner S1. Clare Home, Inc., owns real estate located in the City ofNewport and identified Lots 175, 177, 188,236 & 189.4 on Plat 27 of the Newport TaxAssessor's Plats, as presently constituted; and

WHEREAS, St. Clare Home has been caring for the elderly and infirmed residents ofNewport for more than 80 years and currently operates a 47 bed skilled nursing facility; and

WHEREAS, in order to continue to provide the highest quality of care to the residents ofNewport and remain financial viable, S1. Clare Home must improve and expand its facility andservices by adding 13 Skilled nursing beds and 40 new assisted-living units, while transformingS1. Clare Home into a "small home" model nursing care facility; and

WHEREAS, the proposal is consistent with the goals and policies of the City'sComprehensive Land Use Plan which provides as follows: "So that city residents may remainhere in their old age, it will be important to provide a mix of housing and facilities options thataddresses the needs of these different groups"; and

WHEREAS, assisted living services are not available to seniors in the City of Newportand as a result City residents must leave Newport ifthey required assisted living; and

WHEREAS, St. Clare Home proposes to provide not only nursing home services but alsoto provide for assisted living so that it will meet the evolving long-term care needs of thecommunity and the residents of the City ofNewport; and

WHEREAS, the proposed zoning amendment and transformation of S1. Clare Home is inkeeping with the goals and policies of the Comprehensive Community Plan, will compliment theexisting land uses in the general vicinity thereof, and maintain and preserve historic structures;and

WHEREAS, for the foregoing reasons and for other good cause, your Petitionerrespectfully requests that the City Coullcil amend the zoning ordinance as provided for in Exhibit"A", attached hereto and made part hereof, as said zoning amendment is in the general publicinterest and of benefit to the residents of the City ofNewport for the foregoing reasons:

1. It is in keeping with the character of the district and will compliment other existingland uses in the general vicinity thereof;

2. It is and will be in keeping with the City of Newport's Comprehensive CommunityPlan;

3. It will promote the public health, safety and general welfare of the community; and

4. It will encourage the most appropriate use of said parcels of real estate.

Page 8: Counci Docket 08 24

NOW THEREFORE, your Petitioner respectfully requests that this Honorable CityCouncil set a date for a public hearing on the proposed amendment to the Zoning Ordinance ofthe City of Newport; that the same be advertised for public hearing by newspaper publication, allin accordance with Rhode Island General Laws, 1956 (1991 Reenactment) §45-24-53, asamended; and that at such public hearing, the proposed amendment attached hereto and made apart hereof as Exhibit "A" be·considered by this Honorable City Council and adopted thereafter.

Respectfully Submitted,St. Clare Home, Inc.by their attorneysSILVA, THOMAS, MARTLAND

NBE ,LTD.

~I~~/Robe M. Silva, Esq.1100 Aquidneck AvenueMiddletown, RI 02842(401) 849-6200

2

Page 9: Counci Docket 08 24

EXHIBIT A

Amend Section "17.08.010. Definitions." By adding the following definition:

Convalescent Homes and Rest Homes: Housing consisting ofnursing homes, assisted livingfacilities and other similar facilities providing housing and services primarily to the elderly.Such facilities shall contain common use areas, which may include common dining andrecreational areas. Expansion of such facilities which existed prior to April 13, 1977 is permittedby right on the same property or adjacent parcels.

Add the following.section to Development Standards:

17.100.040 E. Any expansion ofconvalescent homes and rest homes which existed prior to April13, 1977 cannot exceed either the height of any existing structures or the maximum allowed inthe zoning district, whichever is greater, and shall be permitted a maximum of50% lot coverage.

3

Page 10: Counci Docket 08 24

From:

To:

Re:

THE CITY OF NEWPORT, RHODE ISLAND - AMERICA'S FIRST RESORTPlanning Board Memorandum

16 August 2011

Richard Carrubba, Planning Board Chair

Stephen C. Waluk, Mayor and Honorable Council Members

Proposed Zoning Amendment - 17.08.010 Convalescent and Rest Homes

At the 15 August 2011 Planning Board meeting, the Board found the Proposed ZoningAmendment 17.08.010 Convalescent and Rest Homes by a unanimous vote of 5-0, consistentwith the Comprehensive Land-Use Plan and in keeping with the intent and purposes of currentzoning.

The Planning Board cited the following tenets of the Comprehensive Land Use Plan:

Element 2-Land-UseGoal 6A: Maintain a pattern of land use that ensures a broad range of affordable housing, toensure suitable housing opportunities for Newport's population.

Element 3-HousingGoallB: Provide housing opportunities for all citizens, to encourage, maximize, and assist thepreservation of afforda~le housing citywide

Goal 1D: To promote the retention, design and development of a variety of affordable housingstock consistent with local neighborhood housing characteristics

Goal IE: To promote the availability of affordable housing for special needs groups, i.e.differently abled, seniors, homeless, first-time home buyers, etc.

Goal IH: To Acknowledge and encourage the continued tax benefits created for affordableelderly housing

Relative to Current Zoning, the Board finds the proposed amendment:(1) promoting the public health, safety, and welfare,(2) providing a balance of housing choices, and(3) providing a range of uses and intensities appropriate to the character of the dtyandreflecting current and future needs.

The Planning Board recommends the City Council:

• Seek legal opinion of the proposed amendment related to "Spot Zoning."

City Hall, 43 Broadway, Nev"pOlt, RI, 02840401.845.5451 (fax 401.846.1824)

Page 11: Counci Docket 08 24

ORDINANCE

OF THE

COUNCIL

NO.

AN ORDINANCE IN AMENDMENT OF TITLE 17 OFOF THE CITY OF NEWPORT, RHODE ISLAND,AMENDED, ENTITLED, "ZONING."

THE CODIFIED ORDINANCESREVISION OF 2000, AS

BE IT ORDAINED by the City of Newport:

SECTION 1. Chapter 17.08 of the Codified Ordinancesof Newport, Revision of 1994, as amended,"Definitions," is hereby further amended as follows:

17.08.010. Definitions

of the CityentitIed,

ADD: "'Conva1escent Homes and Rest Homes.' Housingconsisting of nursing homes, assisted 1ivingfaci1ities and other simi1ar faci1ities providinghousing and services primari1y to the e1der1y. Suchfaci1ities sha11 contain common use areas, which mayinc1ude common dining and recreation areas.Expansion of such faci1ities which existed prior toApri1 13, 1977, is permitted by right on the sameproperty or adjacent parce1s."

SECTION 2. This ordinance shall take effect upon its passageand all ordinances or parts of ordinances inconsistentherewith are hereby repealed.

IN COUNCIL

READ AND PASSED

Kathleen M. SilviaCity Clerk

Page 12: Counci Docket 08 24

ORDINANCE

OF THE

COUNCIL

NO.

AN ORDINANCE IN AMENDMENT OF TITLE 17 OFOF THE CITY OF NEWPORT, RHODE ISLAND,AMENDED, ENTITLED, "ZONING."

THE CODIFIED ORDINANCESREVISION OF 2000, AS

BE IT ORDAINED by the City of Newport:

SECTION 1. Chapter 17.100 of the Codified Ordinances of theCity of Newport, Revision of 1994, as amended, entitled,"Development Standards," is hereby further amended as follows:

17.100.040. Hospitals - Convalescent and Rest Homes.

ADD: "E. Any expansion of convalescent homes and resthomes which existed prior to April 13, 1977, cannotexceed either the height of any existing structuresor the maximum allowed in the zoning district,whichever is greater, and shall be permitted amaximum of 50% lot coverage."

SECTION 2. This ordinance shall take effect upon its passageand all ordinances or parts of ordinances inconsistentherewith are hereby repealed.

IN COUNCIL

READ AND PASSED

Kathleen M. SilviaCity Clerk

Page 13: Counci Docket 08 24

CITY OF NEWPORTMINUTES OF THE COUNCIL MEETING

HELD JULY 27, 2011

The following items of business, filed with the City Clerk under the Rules of the Council, camebefore the Council at its regular meeting on July 27, 2011.

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

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

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

NAOMI NEVILLESTEPHEN C. WALUK, MAYORHENRY F. WINTHROP

I. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCILREMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #3 I·80 AND #98-40.)

a. Minutes of the June 29, 2011, Special Council Meeting (Approve)b. Special Event Licenses:

1) Arts & Cultural Alliance, d/b/a John Monllos Trio Concert (as part ofBridgefest); Eisenhower Park, Washington Sq., August 2, 2011, from 7:00 p.m.to 8:30 p.m.

2) Fort Adams Trust, d/b/a Summer Luau/Fundraiser; Fort Adams State Park,August 20 (rain date Aug. 21), 2011, from 4:30 p.m. to 10:00 p.m.

3) Music Box, Inc., d/b/a Warehouse Sale (clothing); Newport Yachting Center, 4Commercial Wharf, August 4, from 5:00 p.m. to 10:00 p.m.; August 5 and 6,2011, from 9 a.m. to 12:00 a.m.; and August 7, from 9:00 a.m. to 9:00 p.m.

4) AmpSurf Association of Amputee Surfers, d/b/a AmpSurf Surfing Clinic forDisabled; Easton's Beach, August 15, 2011, from 7:00 a.m. to 2:00 p.m.

5) REMOVED: Turning Around Ministries, Inc., d/b/a 2011 TAM Walk;6) Newport Brokerage Boatshow, LLC, d/b/a Newport Brokerage Boatshow;

Newport Shipyard, Washington St., September 15 to 17,2011, from 10 a.m. to6:00 p.m.; September 18,2011, from 10:00 a.m. to 5:00 p.m.

7) Newport Oyster Festival, Inc., d/b/a Newport Oyster Festival; Fort AdamsState Park, October 8, 2011, from 11 :00 a.m. to 7:00 p.m.

c. Drain Layer License, New, Pro Construction Co., LLC, 70 Jacqueline Way, Tiverton,RI.

d. Drain Layer License, Renewal, D'Libro Excavating, Inc., Daisy St., West Warwick,RI.

e. Holiday Selling License, Renewals:1) Long WharfInterval Owners Assoc., d/b/a Long Wharf Seaside General,S

Washington St.2) Dennis C. Kelley, d/b/a D. Kelley Fine Used Books, 330 Broadway.

f. Second-hand License, Renewal, Deunis C. Kelley, d/b/a D. Kelley Fine Used Books,330 Broadway.

g. Pedicab Operator License:

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DOCKET OF THE COUNCILJuly 27,2011Page 2

1) David Harrison, 60 East Transit St., Providence, RI2) Beshka M. Kandell, 27 Sycamore St., Providence, RI3) Elizabeth Neches Koltai, 824 Tolman Dr., Stanford, CA4) Simon Ouderkirk, 62 Overhill Rd., Providence, RI

h. Waste Hauler License, Renewals:1) Cleanway Disposal & Recycling, Inc., d/b/a 190 State Rd., Westport, MA.2) Rambone Disposal Services, 2153 Plainfield Pike, Johnston, RI.

1. Communication from Jim Dias, Chairperson, Vasco da Gama Society Cultural Festivalin Touro Park on September 10,2011, requesting a rain date of Sept. 11,2011, andpermission to hang a banner in the park promoting the Festival, beginning Sept. 8,2011. (Approve subject to details being worked out with the city administration.)

J. REMOVED: 2008-2010 Clean Ocean Access Water Quality Monitoring SummaryReport (Receive)

k. Claims: (Receive and refer to City Solicitor)1) Jason Barker2) Frederick A. Caswell3) Andrew A. Radel

COUNCILOR MC LAUGHLIN moved the Consent Calendar, with the exception of items b-5 andj,be adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

b-5) Turning Around Ministries, Inc., d/b/a 2011 TAM Walk; September 10, 2011, from8:00 a.m. to 12 Noon, beginning and ending at Emmanuel Church (route attached toapplication).

COUNCILOR DUNCAN recused himself.

MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO andVOTED UNANIMOUSLY (6-0).

j. 2008-2010 Clean Ocean Access Water Quality Monitoring Summary Report (Receive)

COUNCILOR NEVILLE commended the volunteers who worked on the report, which she said wasvery thorough.

COUNCILOR NEVILLE moved the report be received. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.

COMMUNICATIONS AND PETITIONS

2. Communication from the City Solicitor, re: Consent Order - Environment Rhode Island, et aI,v. City of Newport and Earth Tech, Inc., U.S. District Court for the District ofRI, C.A. No.08-265S (with accompanying Resolution approving the Consent Agreement)

CITY SOLICITOR JOSEPH J. NICHOLSON went over the synopsis ofthe Consent Order that hehad provided to the Council. He said there are two elements to the Consent Order; i.e., remedialaction plan and how to remediate the system going forward. He cited Paragraph 65, which he said

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DOCKET OF THE COUNCILJuly 27, 2011Page 3

was the chief element of the action plan. He said the cost element to the City includes an EPA fine of$170,000, payment of the attorney fees, and a requirement that the City provide rain barrels.COUNCILOR NEVILLE asked what the City's next step would be; CITY SOLICITORNICHOLSON responded that the City is already into the next step which is following the remedialplan. He said it's important to note that the City·appointed stakeholder group meets regularly and isworking to develop a system master plan. In response to questions from MARGARET KIRSHNER,CITY SOLICITOR NICHOLSON said there are requirements in the Consent Order for the City toachieve certain results; and, for every project that is proposed and when it is completed, documentswill be sent to EPA for monitoring. He said the City is working with EPA and DEM to resolve theproblem, noting that the CSO problems are not easy to resolve.

MAYOR WALUK moved the communication be received and the resolution approving the ConsentOrder be adopted. Seconded by COUNCILOR WINTHROP.

COUNCILOR LEONARD said she appreciated the number of people who worked so hard on theConsent Order; however, it appeared to her that no one in Washington, DC, or at the State level,seems to want to address how small communities would pay for the work. She said she believed theConsent Order was a hostage agreement and the Congressmen from Rhode Island should be here toexplain their votes that have required these exorbitant expenses.

VOTE: In favor - MAYOR WALUK; COUNCILORS DUNCAN, MC LAUGHLIN,NEVILLE, NAPOLITANO and WINTHROP.

Opposed - COUNCILOR LEONARD.

3. Communication from Michelle Dupree requesting permission to address the Council regardinga plethora of mishaps.

(Ms. Dupree was not in attendance)

MAYOR WALUK moved the communication be received. Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.

RESOLUTIONS

4. Horizontal Curve Review, 205 Ocean Drive

COUNCILOR LEONARD moved the resolution be amended to state in the Resolved that the Cityapproves the request to remove the light pole and details are to be worked out with the property ownerand the consultant. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

COUNCILOR LEONARD said the property owner hired a consultant who gave other indications ofhow safety issues could be addressed rather than looking at a crooked pole sitting in front ofsomebody's property.

COUNCILOR MC LAUGHLIN asked what the most recent Interdepartmental Traffic Committeerecommendation was. CITY MANAGER EDWARD LAVALLEE responded that on June 21 st theITC recommended against the removal of the pole, citing it as an important safety feature and the fact

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DOCKET OF THE COUNCILJuly 27, 2011Page 4

that there had been no accidents on the subject curve could be attributed to the light. He said that inaddition to the proposed alternative of installing ten directional chevrons, perhaps the pole could berelocated to a site satisfactory to all parties.

DAN PRENTISS, ESQ., representing the property owners, said that he had been advised by a personat National Grid that when all the lights along Ocean Drive had been removed, this light remainedbecause the then-owner of 205 Ocean Avenue did not want to pay to have them put their utilitiesunderground. He said he would be happy to talk to the city administration about relocating the lightpole if the Council feels lighting is necessary, but the property owners would really like it removed.MAYOR WALUK suggested the parties sit down with the city administration to come up with asolution. COUNCILOR LEONARD responded that she didn't understand why this one curve needslight when there are curves without lighting. MAYOR WALUK responded that ifthe Council has thelight removed and there subsequently is an accident, the City would be held liable, so there should bewhatever mechanism there is to make sure the area is safe.

MAYOR WALUK said he would suggest that the Council pass the resolution and authorize the CityAdministration to work with Mr. Prentiss and his client to try to get something resolved and then if hewanted to bring it back to the Council, so be it. COUNCILOR LEONARD said she would like "adeadline of two weeks if that is how the resolution is to be changed. She said she would like adeadline of two weeks, but would like it approved contingent on working out the issues.MAYOR WALUK noted that Councilor Leonard amended the resolution to add a deadline of August10, 20 I I, and a meeting be held with Mr. Prentiss and his client to hanuner out the issues. Secondedby COUNCILOR NAPOLITANO.

COUNCILOR NEVILLE pointed out that it was only a short time ago that there were complaintsabout the eyesore along Ocean Avenue because ofthe number of parking signs; therefore, she wouldhave a problem with approving the installation often chevrons.

COUNCILOR LEONARD said she would like the matter approved contingent upon working out thedetails.

Vote on the resolution, as amended:

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

Opposed - COUNCILOR NEVILLE.

COMMUNICATIONS FROM THE CITY MANAGER

5. Memorandum from the City Manager, re: Letter to New Businesses

MAYOR WALUK moved the memorandum be received. Seconded by COUNCILORNAPOLITANO.

CITY MANAGER LAVALLEE said that the letter to a new business would be followed with thebrochure, "How to Survive in Newport," that was developed a couple of years ago. COUNCILOR

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LEONARD said if the letter is to be from both the City Manager and the Council she would like theCouncil to have input in the language.

The motion to receive was VOTED UNANIMOUSLY.

6. Communication #4874111, re: Newport Police Department Byrne Grant

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

COUNCILOR LEONARD asked if acceptance of the grant would result in further commitments bythe City. CITY MANAGER LAVALLEE responded it would not.

The motion was VOTED UNANIMOUSLY.

7. Communication #4875/11, re: Fireman's Fund Insurance Co. Grant

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

8. Communication #4876111, re: Bid Award for Construction Equipment and Operator/SeaweedCollection & Disposal at Easton's Beach

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

9. Communication #4877111, re: Award of Contract for Broadway Streetscape Final DesignPhase (with accompanying resolution)

COUNCILOR NEVILLE, stating that she was very supportive of the project, moved that the matterbe continued to the next meeting. Seconded by COUNCILOR LEONARD.

COUNCILOLR NEVILLE said she would like a staff report that summarizes what the design willentail, and if certain concerns raised at an earlier workshop were addressed, such as whether or notthe city staff would be able to maintain the landscape design, the sight-line at the comer of Broadwayand Stone Street, and installation of a bike lane. COUNCILOR LEONARD agreed, and added thatshe had contacted the RI Dept. of Transportation and was told there was no set-aside amount tocomplete this project, estimated at $159,000. CITY MANAGER LAVALLEE said he was advisedby Bob Smith ofRIDOT that the project is in the queue and funding will be available. He said he isexpecting $3-112 million.

The motion to continue the communication was VOTED UNANIMOUSLY.

10. Communication #4878/11, re: Bid Award for Intake Structure Improvements

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

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I I. Communication #4879/11, re: Water Division Radio Read Meter Reading System - ChangeOrder No. I

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

JULIE FORGUE, UTILITIES DIRECTOR, in response to questions from COUNCILOR NEVILLE,said that the meters under this contract are scheduled to be installed by October 31, 2011; however,there will still be some left that will be installed by city staff by May 31, 2012.

The motion was VOTED UNANIMOUSLY.

12. Communication #4880/11, re: Amendments to Noise Ordinance

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

MAYOR WALUK moved that Section 8.12.040 of the proposed amendment, defining "narrow bandsound" be continued until such time as there is a clear understanding of its effect on all airconditioning units. Seconded by COUNCILOR MC LAUGHLIN.

COUNCILOR LEONARD asked what brought about including a definition of"narrow band," whichwould include air conditioners. CITY MANAGER LAVALLEE responded that there was an incidentwith an outside air conditioning unit affecting the quality of life of a neighbor. However, he said itnow needs to be determined if air conditioning is actually narrow band and if the manufacturers canmeet the standard with air conditioners. COUNCILOR MC LAUGHLIN said he believed that wouldbe a very difficult determination in measuring narrow band sound.

The motion to amend to exclude the definition of "narrow band" was VOTED UNANIMOUSLY.

MAYOR WALUK moved the ordinances, as amended, be adopted. Seconded by COUNCILORNAPOLITANO and VOTED UNANIMOUSLY.

13. Communication #4881/11, re: City Policy - Code R()d Notification System

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

COUNCILOR MC LAUGHLIN asked how many telephone numbers would be called at one time.CITY MANAGER LAVALLEE responded it would be all that enlist in the program. He said peoplecan unlist, however; and the numbers can be segregated for specific topics, such as the message sentonly to those in flood zones during a storm. COUNCILOR MC LAUGHLIN noted that for eachperson authorized to use the Code Red system it also states, "or designee" and asked who thedesignees would be. CITY MANAGER LAVALLEE responded that during the absence of anauthorized person, the person in the acting position would be authorized; e.g., Acting City ManagerActing Police Chief, etc. He said all complaints on the use of the equipment would be dealt with bythe City Manager.

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The motion was VOTED UNANIMOUSLY.

14. Communication #4882/11, re: Valet Parking Ordinance Amendments

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

COUNCILOR NEVILLE asked if parking meters at valet parking sites would be bagged; CITYMANAGER responded that they would and that specific hours would be identified on signs as towhen the valet parking is in effect.

The motion to adopt on first reading was VOTED UNANIMOUSLY.

15. Communication #4883/11, re: Pedicab Ordinance Amendments

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

COUNCILOR LEONARD asked ifthe NBCCVB paid rent to the City at the site where tours areoffered. CITY MANAGER LAVALLEE responded that they do not. He said the property is leasedto the NBCCVB and they allow those offering tours to use the property. COUNCILOR MCLAUGHLIN asked ifthis had become an issue with regard to pedicabs. CITY MANAGERLAVALLEE responded that it had since pedicab operators at the NBCCVB site have been promotingtours without going through the NBCCVB and paying the assessment fee.

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

16. Communication #4884/11, re: Agreements between the City ofNewport and Local 1080,IAFF, for the periods ofJuly 1,2005, through June 30, 2011, and July 1,2011, through June30,2014 (with accompanying resolution and ordinance)

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

MAYOR WALUK moved the Agreement for the period of July 1, 2005, through June 30, 2011, beapproved. Seconded by COUNCILOR MC LAUGHLIN.

CITY SOLICITOR JOSEPH J. NICHOLSON cited a memorandum from Assistant SolicitorChristopher Behan dated June 9, 2011, and an additional summary of the contract that he provided,along with a cost summary from the Finance Director. He said the elements of the contract includesalary increases dating back to July, 2008, which were awarded by an arbitrator. He said there arevarious adjustments with regard to new hires related to benefits, as well as health care contributionsfor current IAFF employees; additionally, new hires will no longer be eligible for Blue Cross Plan 65that current retirees receive. He said the IAFF has agreed that they will give up one-halfof theirclothing allowance through 2014, and the minimum staffing will now be 19 year-round. The CityAdministration will now also have the ability to replace the firefighter dispatcher with a civilian orcombine the fire dispatch with police.

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MAYOR WALUK, noting that the State has eliminated longevity payments for all employees,pointed out that longevity payments for the IAFF remain in the contract for the period of July 1, 2011,through June 30, 2014; he also noted that step increases remain in the contract and for the this periodemployees would received a 60% increase over a five-year period. CITY SOLICITOR NICHOLSONresponded that it is basically consistent with other contracts. MAYOR WALUK made note that thedifference in five-year step increases in the Police Department is only 33%; CITY SOLICITORNICHOLSON responded that new police officers start at a higher base pay than new firefighters

RON BECKER, Rhode Island Avenue, stating that he was speaking on his own behalf and not for anyorganization, said he was appalled at the contracts. He said while there were significant concessionsfor new hires, the benefit will not be realized for IS or 20 years. He said the salary increases,including steps and longevity for active employees, average 5.5%; and because retirees receive thesame retroactive adjustments, it will have a detrimental impact on the unfunded pension liability.

MARGARET KIRSCHNER said she appreciated the Newport Fire Department and supported thecontracts.

COUNCILOR NAPOLITANO said it was time to move forward, and noted that neither side goteverything they wanted in the negotiations. She said the contract looks at the out years, whichcouncils have failed to do in the past, and she would support the contracts.

COUNCILOR WINTHROP said that in the past he had said he would support a contract that he feelsis fair to the taxpayers and the firefighters, and he believes these are. He said he did not believe anarbitrator would not award retroactive pay if the contracts had gone to arbitrations, funding for theretro-pay is included in the current tax rate, and there is a $100,000 savings in the second contracts.He said he was very supportive of the long-term structural benefits, which includes new hires beingunable to collect their pensions until age 58; and the fact that immediately the year-round minimummanning has been reduced to 18.

MAYOR WALUK moved the contract for the period of July I, 2008, through June 30, 2011, beapproved. Seconded by COUNCILOR WINTHROP.

VOTE: In favor - COUNCILORS DUNCAN, LEONARD, MC LAUGHLIN, NAPOLITANO,NEVILLE and WINTHROP.

Opposed - MAYOR WALUK

MAYOR WALUK moved the contract for the period of July I, 20 II, through June 30, 2014, beapproved. Seconded by COUNCILOR WINTHROP.

COUNCILOR MC LAUGHLIN recognized the high performance of the firefighters; however, pepointed out that in August 2010 the union had agreed to a minimum manning of 17, which wouldhave provided adequate fire safety, but for whatever reason the contract did not move forward at thattime. He said he voted for the first contract because there was no need to fight about the past years.He said the second contract, however, was actually a 17.7% increase because the salaries arecompounded; and retirees would receive 8.15 increases based on the first contract, and going forwardthey would receive increases based on the CPI, which has averaged 5% over the last five

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years. He said the FYI2-FYI4 would create challenges going forward because of the increases; and. while it does include some favorable items, it does not go far enough. He commented on the

arbitration process, and said changes must also be made by the RI General Assembly regardingunfunded pension liability. He added that $800,000 would have to be taken from the fire pensionfund to pay the retiree increases. He said he respected the work put into the contracts by the IAFF,City Manager, the negotiators, and the Finance Director, but he would not support the secondcontract. COUNCILOR NAPOLITANO pointed out that at the last arbitration the fees were $1million, which did not include the cost of the settlement. She said there had been a tentativeagreement in February, but it fell by the wayside. She said the City deserves a professional firedepartment, and thanked the Finance Department, noting that money had been set aside over the yearsfor the retroactive payments. She said she would like everyone to move forward together. MAYORWALUK said that the IAFF settlement is one of the biggest issues in his ten years on the Council. Hesaid there was nothing personal in his remarks about the contracts, and went on to point out that theCity and union had gone to court in the City's attempt to reduce minimum manning per shift to 17.He said the City was trying to have an efficient Fire Department, as it does now, at the best cost,which he did not believe this contract provides. He noted that there have been lay-offs and peoplethroughout the city are without jobs, including those city employees from other departments that havebeen laid-off. He said there will be new hires in the Fire Department within the next six months whowill have a base salary of $35,000 and within five years be paid $61,000; additionally, they will startreceiving longevity payments in seven years. COUNCILOR NEVILLE said although the City hadwanted a minimum manning of 17 per shift and the contract provides for 18, she would support thecontract because of the significant changes for the future.

VOTE on the motion to approve the contract for July 1,2011, through June 30, 2014:

In favor - COUNCILORS DUNCAN, LEONARD, NAPOLITANO, NEVILLE andWINTHROP

Opposed - MAYOR WALUK and COUNCILOR MC LAUGHLIN

7:59 P.M. RECESSED AS COUNCIL AND CONVENED AS BOARD OF LICENSECOMMISSIONERS

8:00 P.M. COMMISSIONER MCLAUGHLIN moved the Council meet in Executive Session in theConference Room, pursuant to RI General Laws, Section 42-46-1, as amended, and in accordancewith Section 42-46-5, "Purposes for Which Meeting May be Closed," Paragraphs (a) (1) PersonnelMatters, and (a) (5) Disposition of Publicly-held Property, to discuss the pending vacancy in theposition ofcity manager and the disposition of Carey School. Seconded by COUNCILORWINTHROP and VOTED UNANIMOUSLY.

8:40 P.M. MAYOR WALUK moved the Council convene in open session, at which time he movedthe minutes be sealed and the Council adjourn. Seconded by COUNCILOR NEVILLE and VOTEDUNANIMOUSLY.

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BOARD OF LICENSE COMMISSIONERS

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

1. Class F-I Daily Liquor License, Fort Adams Trust, d/b/a Summer Luau/Fundraiser; FortAdams State Park, August 20 (rain date Aug. 21), 2011, from 4:30 p.m. to 10:00 p.m.

2. Class F Daily Liquor License, Newport Oyster Festival, Inc., Fort Adams State Park, October8,2011, from 11:00 a.m. to 7:00 p.m.

CHAIRMAN WALUK moved the Consent Calendar be adopted. Seconded by COMMISSIONERNAPOLITANO and VOTED UNANIMOUSLY.

8:00 P.M. COMMISSIONER MC LAUGHLIN moved the Board of License Commissionersadjourn and the members reconvene as Council. Seconded by COMMISSIONER WINTHROP andVOTED UNANIMOUSLY.

Kathleen M. SilviaCity Clerk

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CITY OF NEWPORTMINUTES OF THE COUNCIL MEETING

HELD AUGUST 10,2011

The following items of business, filed with the City Clerk under the Rules of the Council, camebefore the Council at its regular meeting held on August 10, 20 II.

1. *PUBLIC HEARING: Proposed Amendments to the Zoning Ordinance: Section 17.08.010(Definition of"Convalescent Homes and Rest Homes") and Section 17.100.040(E.)(Expansion ofconvalescent homes and rest homes that existed prior to April 13, 1977).

*TO BE CONTINUED TO THE AUGUST 24, 2011, COUNCIL MEETING

COUNCILOR MC LAUGHLIN moved the hearing be opened. Seconded by COUNCILORWINTHROP and VOTED UNANIMOUSLY.

COUNCILOR MC LAUGHLIN moved the public hearing be continued to August 24, 2011.Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

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

a. Minutes of the June 8, June 22, and July 13,2011, Council Meetings (Approve)b. Special Event Licenses:

1) Newport Art Museum, d/b/a "Wet Paint": Newport Art Museum, 76 BellevueAve., August 20, 2011, from 5:30 p.m. to 8:00 p.m., and August 21, 2011, from11 :30 a.m. to 5:00 p.m.

2) Newport Art Museum, d/b/a "4th Friday"; Newport Art Museum, 76 BellevueAve., August 26, September 23, and October 28,2011, from 6:00 p.m. to 9:00p.m.

3) Newport Restoration Foundation, d/b/a "Doris Duke Historic PreservationAwards"; Rough Point, 680 Bellevue Ave., September 9, 2011, from 6:00 p.m.to 8:30 p.m.

4) International Tennis Hall of Fame, d/b/a "AI Jardine in Concert" ; Internat'lHall of Fame, 194 Bellevue Ave., September 18, 2011, from 5:30 p.m. to 7:00p.m.

5) Ellen M. Kelly, d/b/a "Brigid E. Kelly 3.5 Walk/Run"; October 8, 2011, from9:00 a.m. to 1:00 p.m. , beginning and ending at Gooseberry Beach (routeattached to application)

6) Salve Regina University, d/b/a "35th Annual Governor's Ball"; SRU, 100Ochre Pont Ave, December 3,2011, from 9:00 p.m. to 1:00 a.m.

7) Fort Adams Trust, d/b/a "Festival of Lights"; Fort Adams State Park,December 10 (rain date, Dec. 11),2011, from 8:00 a.m. to 8:00 p.m.

c. REMOVED: Annual Catering License, Ben's Chili Dogs, LLC, 158 Broadwayd. REMOVED: Daily Entertainment Licenses, Ancient Order of Hibernianse. Holiday Selling License, New, Denise Cole and Donnell Cole, d/b/a Essence

Beauty Salon, 51-53 Marlborough St.

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f. Holiday Selling License, Renewal, The Linen Shop, LLC, d/b/a The LinenShop, 196 Bellevue Ave.

g. Pedicab Operator License:I) Scott Paul Clark, 69 Henarick St., Providence, RI2) Richard 1. Conte, Jr., 70 Carroll Ave., Newport, RI3) James Forrey, 28 Jennifer Place, Glen Rock, NJ4) Adam Gallagher, 9 Laura Circle, Cranston, RI5) Mark Marine, 67 Vernon St., Providence, RI6) Taylor Sullivan, 177 Forest Rd., Allendale, NJ

h. Communication from Marilynne Manning asking permission to close Whitwell Ave.,from Bliss Rd. to Robinson St. for a neighborhood block party on August 20 (rain date,Aug. 21), 2011, from 4:00 p.m. to 10.00 p.m. (Approve subject to detail being workedout with city administration.)

I. Communication from Larry Sheehan, President, Morgan V. Group, asking permissionto use the east parking lot of Easton' s Beach on September 23,2011, from 9:30 a.m. to4:00 p.m. for the Annual Autocross. (Approve subject to details being worked outwith the city administration.)

J. Communication from Jim Horiagon, Rhody Rickshaw providing notice ofrelinquishment of his two pedicab licenses. (Receive)

k. CRMC Public Notice, re: File No. 2011-07-018, Application of Peter Brown for anAssent to construct and maintain a three-acre aquaculture farm northeast of CoggeshallPoint, Portsmouth. (Receive)

I. Claims: (Receive and refer to City Solicitor)I) Kevin and Lisa Carlos2) Stephanie Knightly3) Michael D. O'Hare, by attorney4) Cedar Poirier5) Janice 1. Violante

COUNCILOR MC LAUGHLIN moved the Consent Calendar be adopted, with the exception of Itemsc and d. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

c. Application for an Annual Catering License, Ben's Chili Dogs, LLC, 158 Broadway

COUNCILOR DUNCAN said that the City ofNewport tries to stress hospitality, but the sign whenentering Ben's Chili Dogs stating, "No Public Restrooms" leaves a negative impression and hetherefore would not support the license in an attempt to send a message.

MAYOR WALUK moved the license be approved. Seconded by COUNCILOR WINTHROP.

VOTE: In favor - MAYOR WALUK; COUNCILORS LEONARD, MC NAUGHLIN,NAPOLITANO, NEVILLE and WINTROP

Opposed - COUNCILOR DUNCAN

d. REMOVED: Daily Entertainment Licenses, Ancient Order of Hibernians, 2 WellingtonAve., Sept. 16 and 17,2011, from 6:00 p.m. to Midnight.

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MINUTES OF THE COUNCIL MEETINGHELD AUGUST 10, 20 IIPage 3

COUNCILOR WINTHROP said he wanted to note that it is the 135th Anniversary of the NewportHibernians, Dennis E. Collins Division #1, and the National Hibernian President and Vice Presidentwould be in Newport to attend the celebration.

MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO andVOTED UNANIMOUSLY.

LICENSES & PERMITS

3. Application of Pirate Pedicab, LLC, d/b/a Pirate Pedicab, to expand its Pedicab BusinessLicense to add two additional pedicabs (relinquished by Rhody Rickshaw Pedicab Co.)

MAYOR WALUK moved the license be approved. Seconded by COUNCILOR NAPOLITANO andVOTED UNANIMOUSLY.

COMMUNICATIONS & PETITIONS

4. Communication from George Brian Sullivan, Ph.D., re: The Ad Hoc Newport/Amor VincetOmnia City Flag Committee.

MAYOR WALUK moved the communication be received. Seconded by COUNCILORNAPOLITANO and VOTED UNANIM09USLY.

(DR. SULLIVAN arrived after Item #7 and said he had left a "love" cake in the Mayor's for theCouncil to enjoy.)

5. APPOINTMENT TO BOARDS AND COMMISSIONS

MAYOR WALUK moved Beth Milham be reappointed to the ENERGY & ENVIRONMENTCOMMISSION. Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

RESOLUTIONS

6. Requesting Notice Be Provided to the Towns of Middletown and Portsmouth of City ofNewport Council-approved Special Events - C. Duncan, S. Waluk, K. Leonard

COUNCILOR DUNCAN introduced the resolution and moved for its adoption. Seconded byCOUNCILOR WINTHROP.

COUNCILOR DUNCAN moved the resolution be amended to include notification to the Town ofJamestown. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

COUNCILOR DUNCAN said the resolution was proposed after attending an Aquidneck IslandTransportation Planning and he believed it would be beneficial for the towns to know when specialevents are to be held in Newport that will result in heavy traffic.

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COUNCILOR MC LAUGHLIN responded that he didn't believe the communities were unaware oflarge events in Newport, such as the recent Folk Festival, and suggested that the City Manager, whomeets on a periodic basis with the other town managers and US Navy representatives, could advisethem ofthe events, rather than the City Clerk providing notice to the Town Clerks. COUNCILORLEONARD commented that there was bumper-to-bumper traffic from the Pel! Bridge to Fort Adamsand the communities should work together to try to get the vehicles offthe streets by using as manyshuttle accommodations as possible. COUNCILOR NAPOLITANO said people often forget whenlarge events are going to be held and said she would support the resolution. MAYOR WALUKagreed.

VOTE ON RESOLUTION AS AMENDED:

In favor - MAYOR WALUK; COUNCILORS DUNCAN, LEONARD,NAPOLITANO, NEVILLE and WINTHROP

Opposed - COUNCILOR MC LAUGHLIN

7. In Support of Newport County Joint Workshop to Discuss RegionaIization and MattersRelated Thereto - S. WaIuk

MAYOR WALUK introduced the resolution, noting that the workshop would be held on August 29th

and would be open to the public; he then moved for its adoption. Seconded by COUNCILORWINTHROP and VOTED UNANIMOUSLY.

ORDINANCES

8. Amending Section 3.16.060 of the Codified Ordinances, entitled, "Pay Schedule for. .. FireDivision."

COUNCILOR MC LAUGHLIN moved the ordinance be adopted on first reading. Seconded byCOUNCILOR NAPOLITANO.

VOTE: In favor - COUNCILORS DUNCAN, LEONARD, MC LAUGHLIN,NAPOLITANO, NEVILLE and WINTHROP

Opposed - MAYOR WALUK

9. Amending Section 5.12.060 of the Codified Ordinance, entitled, "Regulations of the Board ofLicense Commissioners," Paragraph J, by replacing Table I, "Sound Levels by ReceivingLand Use."

COUNCILOR MC LAUGHLIN moved the ordinance be adopted on second reading. Seconded byCOUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

10. Amending Chapter 5.97 ofthe Codified Ordinances, entitled, "Pedicabs": Section 5.97.120,"Pedicab Decal"; Section 5.97.110, "Fare Schedule"; and Section 5.97.220, "Regulations forPedicab Operations."

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MINUTES OF THE COUNCIL MEETINGHELD AUGUST 10,2011PageS

COUNCILOR MC LAUGHLIN moved the ordinance be adopted on second reading. Seconded byCOUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

11. Amending Section 8.12.080 of the Codified Ordinances, entitled, "Maximum PermissibleSound Levels by Receiving Land Use," by replacing Table I. (Second Reading)• Memorandum from the City Manager, re: Noise Ordinance Amendments

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

COUNCILOR MC LAUGHLIN commented that the issue came before the Council because the noiseof air conditioners was bothering a neighbor and he hoped there could be clarification on what couldbe done to address the issue. He said he wanted to point out that the air conditioners involved in thecomplaint were substantial and if others were to hear the sound emitted they would understand thecomplaint. He said he looked forward to receiving the results of a survey. COUNCILORLEONARD responded that she had received calls from people with central air conditioning andsubsequently reviewed ordinances in other communities, and it appears central air conditioning isexempt. She said the City should tread carefully in dealing with this issue.

The motion to approve was VOTED UNANIMOUSLY.

12. Amending Section 10.20.110 of the Codified Ordinances, entitled, "Operational Regulationsand Restrictions for Valet Parking Service."

COUNCILOR MC LAUGHLIN moved the ordinance be adopted on second reading. Seconded byCOUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

13. Amending Section 10.20.170 ofthe Codified Ordinances, entitled, "Towing by PoliceDivision."

COUNCILOR MC LAUGHLIN moved the ordinance be adopted on second reading. Seconded byCOUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

COMMUNICATIONS FROM THE CITY MANAGER

14. Memorandum from the City Manager, re: Request for Removal of Street Light Pole - 205Ocean Avenue.

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

15. Communication #4877/11, re: Award of Contract for Broadway Streetscape Final DesignPhase (with accompanying resolution; continued from July 27,2011)

--- Memorandum from the City Manager, Broadway Streetscape FinalEngineering

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MINUTES OF THE COUNCIL MEETINGHELD AUGUST 10,2011Page 6

COUNCILOR LEONARD commented that, ifthe Council were going to approve spending asignificant amount of funds for the final design, it should be factually known that funding will be ableto complete the work. CITY MANAGER ED LAVALLEE responded that Bob Smith ofRIDOT hadpromised that the project would be moved forward if funding is available, and he was assured by Mr.Smith that it is on the list of projects. He said proceeding with the final design would allow theproject to be shovel-ready when the money is available. COUNCILOR MC LAUGHLIN agreed.COUNCILOR LEONARD said she would like a letter from the Director of DOT making theassurance. MAYOR WALUK said he understood Councilor Leonard's concerns but pointed out thatthe project would never get done if there is not a design. He said it is important to move forwardnow.

The motion to approve was VOTED UNANIMOUSLY.

16. Communication #4885/11, re: National Grid Petition for Pole Location at 365 Thames Street.

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

MAYOR WALUK said the Council has concerns about putting in another pole on Thames Street andsaid there should be enough power on other poles in the area to accommodate the Armory.

MAYOR WALUK moved the communication be continued. Seconded by COUNCILOR MCLAUGHLIN.

COUNCILOR LEONARD said she did not want another utility pole on Thames Street. She saidpeople have been trying to beautify the area and are looking into having underground utilities.COUNCILOR NEVILLE pointed out that there are two Council-appointed working groups studyingthis area and hoped there could be a better solution. MAYOR WALUK asked ifdelaying the poleinstallation would hinder the City's project at the Armory. CITY MANAGER LAVALLEEresponded that he did not think it would be detrimental to the schedule, and that National Grid shouldbe able to find a way to provide service without installing an additional pole. MAYOR WALUK saidthe City staff should push the issue with National Grid and also call upon the State HistoricPreservation Office to intervene.

The motion to continue the communication was VOTED UNANIMOUSLY.

17. Communication #4886/11, re: US Environmental Protection Agency Grant - Affirmation ofAward for Easton Pond Ultraviolet (UV) Stormwater Treatment Project (with accompanyingresolution)

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

JULIA FORGUE, Director of Utilities, said the UV system was completed with the relocation of theRIDOT storm drains. She cited the heavy rains on the previous Sunday and Monday and said thesystem worked as intended.

Page 29: Counci Docket 08 24

MINUTES OF THE COUNCIL MEETINGHELD AUGUST 10, 201 IPage 7

COUNCILOR MC LAUGHLIN asked about the operation of the CSO on Wellington Ave. during thestonns. DIRECTOR FORGUE responded that the CSO was active on Monday night.COUNCILOR NAPOLITANO said it was her understanding that when there is I" of rain or more,the Health Department tells the City to close the beach. DIRECTOR FORGUE responded that it wasbecause there is a 24-hour delay in getting the testing results. CITY MANAGER LAVALLEEinterjected that it is DEM protocol to presume the beach needs to be closed, and it is hoped that withtest results the protocol will change.

The motion to approve was VOTED UNANIMOUSLY.

18. Communication #4887/11, re: Bid Award for Water Division Meter Read Laptop Computer

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

19. Communication #4888/11, re: Bid Award for Road Materials

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

20. Communication #4889/11, re: Agreement with Newport Yachting Center - Use of Easton'sBeach Parking Lot for International Boat Show Parking

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

21. Communication #4890/11, re: Agreement with The Preservation Society ofNewport County- Use of Easton's Beach Parking Lot for Annual Society's Food & Wine Festival Parking

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

22. Communication #4891111, re: Ordinance Amendment - 20 mph Speed Limit on ThamesStreet, between Poplar St. and Marlborough St.

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

7:02 P.M. ADJOURNED AS COUNCIL AND CONVENED AS BOARD OF LICENSECOMMISSIONERS

Page 30: Counci Docket 08 24

MINUTES OF THE COUNCIL MEETINGHELD AUGUST 10,2011Page 8

BOARD OF LICENSE COMMISSIONERS

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

1. Class F Daily Liquor License, Newport Art Museum, 76 Bellevue Ave., August 20, 2011,from 5:30 p.m. to 8:00 p.m., and August 21,2011, from II :30 a.m. to 5:00 p.m.

2. Class F-I Daily Liquor Licenses:a) Newport Art Museum, 76 Bellevue Ave., August 26, September 23, and October

28,2011, from 6:00 p.m. to 9:00 p.m.b) International Tennis Hall of Fame, 194 Bellevue Ave., September 18, 2011, from

4:30 p.m. to 7:00 p.m.

CHAIRMAN WALUK moved the Consent Calendar be adopted. Seconded by COMMISSIONERNAPOLITANO and VOTED UNANIMOUSLY.

7:03 P.M. ADJOURNED

Kathleen M. SilviaCity Clerk

Page 31: Counci Docket 08 24

00 c:A'CL-f~

C?>or~!F5l~<j {rCity of Newport, Rhode Island

APPLICATION FOR A SPECIAL EVENT LICENSE P'Ff73.-z.ps:,AUG 102GB '

EVENT TITLE/TYPE:1__i_4_;./_IJ_Y_U_'_(!\_jV_~__.;:-_.'_2._I_.~:_1I_1ru_t._J:J_'.I_~_. -.-.Jr-

LOCATION OF EVENT: I ~ 0 \ I. -'0 ~)IU~ (rL.4~.. 3 TheA 7e t? .

Date(s) of Event: I "U (oJ/t.:Gr-C/J/" t} () 11 r'------------r,---''----=-------------

Hours of Event:

Holder of Event & DBA:

Signature of Holder of Event:

Printed Name: 01,/?-~' f>-J7 w-: rllZ-,vO <.j) Title: IlksI;;/ef'-'JT

Address ofHolder of Event: I ./-'.6. boy: I j 7!f N.tAv.ifl--4J:::: 6.LS'ya. ? '/& 7/./ At?I.~.5' ,(7' iJ.bLft'J

~

Business Telephone: I ~9"t"- G' t:.G> I Residence Telephone: IY;L;l7...,:)/J<it:J

Is Organization Non-Profit? I 'i.e.J Is Organization Religious? Ie...-/U_t:.__----'

Is there a charge for admission? I Y-e) I I 'ti- /V/I.o/.e.Is event to be on City, State, or Private Property? '- ....J

Name of Property Owner ofEvent Site:

Signature of Property Owner:

Printed Name of Property Owner:I~;'~ I.J

Will Event be Indoors or Outdoors? I ~ \.. \'\. J... C) tJ \ S.(Include Plan)

Page 32: Counci Docket 08 24

If Outdoors, will toilet facilities be provided?

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

COpy OF TENT PERlVHT MUST BE ATTACHED.

Is parking available:

List types of musical instruments:

Seating Capacity: I f-- ]For how many·vehicles? j • --I

Amplification? I

DANCE I tJeJj DEEJAY Amplification: I_·"l..---'" _

SPORTiNG EVENT 1--- I Type: 1 _Set-up Dates (Sporting events only):

CARNIVAL Will there be animals? I ~J

PLAY [- Ifyes, what type:

CIRCUS

1 ---

I -;oJ

Type: 1 -_

If yes, types of animals:

SHOW OR EXHIBITION: !-~--lOTHER (describe) 1_· - _

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

Is a street closing being requested?

Will food be prepared on the premises?

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

IUD

IVa

Page 33: Counci Docket 08 24

EVENT HOLDER _

APPLICATION FOR A SPECIAL EVENT LICENSE(Page 3)

Will LIQUOR be served?

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

lfnot, will another's license be used?

If so, whose? I =

I JVo II /Ve:- I

.1 N~ ]

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

List Names ofVendors Item to be Furnished

For RetaiiSales - Have you completed a "Promoter's Application For Permit to Operate a Show (till'

Event" with RI Davision of Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic haye Newport. Fire Marshal approval?

Location from where fireworks will be shot:

·1

Time fireworks will begin: 1 --' Duration: I'--__~ _NOTE: Ifflreworks 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 policedetail officers at sponsor's expense.

ROAD RACE. WALKuA-THON, ETC. On Roadway(s)0 On Sidewalk(s) 0

Has notification been made to residents along the r{)ute? __Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

Page 34: Counci Docket 08 24

PAGE 02/05':H':l ftl':l':l:4tl:4 ANGELA

Ooct~- d0 k't1~ '-j /. l ( . . ...• Ii; I:' .~ '~n(F~1CityofNewput~e sJand \".: r V-rn'2ps ~ ~ \ I~

gI ~CATIONFORASFECIALEVENTLIr1.AI:~, ~.6 ?~1: ('J[ IS ({ I \ C!;"{ ~,L:"', ,.',r;E,<~.~_, ..

t_._~ __ ~.-··.-~·~·'·· _ ,: ..'.. ~ ..~ ,' .. -"._, -- ,.DATE:

~~/l~/L~ll L~:~f

EVENT TITLFlIYPE: I fi2 5~ ~"d_eo.d1 &J 2PCMi: ('

Hours ofEvent:

Date(s) of Event:

LOCATION OF EVENT, I Ea.s-10/1 /Je;j, I NfA,JpDr-b f[it #.. f#-' dO!

Holder of£\lent & DBA: Bi l' :./b;J; ISignature ofHotder ofEvent:I I

PdntOO Name: I WI//;tl!n !£,k ~:: ] Title: 'I d ,v tflJ1er-', t

A.wr-ofHoJderof1'-.t I -:P D 6~Jd10i 6JfiJb NC ~lW 1llU$iness Telephone: I q(q" to ()~ - OS~f I Residence Telephone: [ '11:1,- L/!8~ 71dtk I(s Organization Non-Pwfit? [ ,. N I Is Ocganizat~on Religious? I N IIs tb-ea:e a charge for admission? I AI IIs eventt() be on City, State, or Pri1rate PropertY? L----=~_+_--_-_-------I

Name ofPrope:rty Owner ofEwnt Site: l..--- ~ _____..I

Signature ofProperty Owner: 1 1

Ptinted Nome ofProperty Owner::I 1

Will Event be ludoors or Outdoors? I C1-*c1oov-5 ](lnc]udePlan), '

Page 35: Counci Docket 08 24

ANGELA PAGE 03/05

€Vf!N1' (I()l.O£1it. lJ;fA!i) S~~. -e orAPPLICATION FORA SPECIAL EVENT LICENSE

(page 2)

IfOutdoors. will toilet facilities be prtWided? I :7lJf so, location lYftOilet facilities:(Include on plan)

COPY OF TENT EERMII MJlST BE AT'IACBED-

seating Capacity: Ic.- -..J

Amplification? [__-----J

For how many vehicles?

1 _

l.---f......-/'I---JI( 500 -4--1 q" Ir.. I

] Is staging or platform required? 11--_---'Is parking avaUable:

WUJ a tent be erected?OncJude on plan)

CONCERT I N

Expected Attendance:

Ust types ofmus.icaJ mstJ:uments:

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

pEEJAY I N_--, Amplification: 1 _

&pORTING EVENT 1,---+-2_ Type:Cb~ :; OC£Je, or

Set-up Dates (Sporting events only): I !}_r;l_~~_i~l'\.......'j;'----l -...J

Will there be animals? 1__

PLAY I N~IVAL [

] Ifyes1 what type: II-. ~ _____.J

N CIRCUS I N((yes, types ofanimals: 1'-- ---'

SHOWORExBIBlT!ON= 1 /\t Type: 1 _

QIBER (describe) 1'--- _

Are required opprovals attached, e.g~, State, Recreation Dept.? 1 _

Is a street closjng beJng requested? IL---'-P ....-.Will food be prepared on the premises? I..-.;..N.:.....- _

If so~ is Health Dept. (nspection Awroval attached? 1'---__

Page 36: Counci Docket 08 24

08/15/2~11 2U:~j '31'3ll::l'3'.:1Ll::IL ANl:ic.LA t-'AC:ic. U4/D5

BV5NTROLOER ~ S-~£..cC~.v'-APPLlCAnON FOR A SPECIAL EVENT LICENSE

(Page 3)

I tZ II ~]

I I)fyes, will you be appJying for a Class F or F-l Liquor License?

Will LIQUOR be served?

Ifnot, will another' 5 Jice.nse be used?

lfsa, whose? [_~ lWilt there l>e gambling~ e.g.~ bingo, raffle, etc.? N' Do you have State poli.ce Approval? (L.....-__IList Names ofVendQm Item to be Furnished.

For Retail Sales - Have yo.. completed a i6PromoteJ:"s AppUcatjOD For :permit to Operate a Sbow orEvent" lrith Rl Division ofTa:sation? (Contact No.: n2~951)

FIREWORKS

Do you or the pytQtechnic have Newport Fire Marshal approval? 1_-

Location from where firewodc.s will be shot:

Oumtion:Time :fireworks will begin: 1 ------'

NOTE: Iftirewodm are to begin or end aft« 10:00 p.m.., a sound variance m'USt be obtained.n .Il.reworks are for longer thAln. IS mmlltes, a...-aogemenb must be made for police

detail offieen at spo...,r's ~pense.

ROADRACE,WA1J(-A-mOty,Elc. OoRoadway(s) 0 O.. Sidewal~s) 0Bas l:Iotifk:adon bee~ wade to residents along the JVute?__Have temporary signs been posted? (Signs m.st be removed by the following day.)

SPECIFIC ROUTE=

Page 37: Counci Docket 08 24

City of Newport, Rhode Island .. i. f) AUG ,c, r.;~1l .APPLICATION FOR A SPECIAL EVENT LIC~NSEjU, F ~ 2} U.. .".:-.

. I-I .. 'I J t /.1

DATE:~ 'JA f .-z..OI\

EVENT TI1LElTYPE: Ir-N-·eMJ-'-'--~Q-{t--·-N-~-W;-·1)-\fttt-·-/-}(.g----.n-'\ftd-'-1~-~-vWJi-vt7t-\~---

LOCATION OF EVENT: Ntw (J{'t . ~t1 ~

Wt 1,1 (: '1.-1; 1-0' lDate(s) ofEvent:

Hours ofEvent:

Signature of Property Owner:

I'5/2-1 1\):CJ(){;lW\-lo:~rVlA'- '0 j1..iJ )D; t)OltW\- 5:(51)fWl

Holder of Event & DBA: Il,.ool(\~ VfwanlS I \ V\L. V15 f\I NI..WyQlk AYbi 0lti~

Signature ofHolder of Event:! ~~

Printed Name: 1l'J-\~ 0u.... Q ~.~ I Title: ·1 ft~-h" Ii ( 'l)ifi C'tPr IAddress ofHolder ofEvent: I'PO ¥Xl~ ~LiJlJl ~\Mle~ ~\ Dl-01.il..- I

Business Telephone: ~-OOJ{g() I Residence Telephone: I \A 11m IIs Organization Non-Profit? L3 es Is Organization Religious? LN-=.O__Is there a charge for admission? W.es IIs event to be on City, State, or Private Property? I_V....:..-..:...(-..:\_\j_f\;_·-tG~__~ _

Name of Property Owner of Event Site: N~\fJfCNk ~ fbvv oY)f.O{'ll.'h~Cf(;v

Printed Name ofProperty owner:1 .!0J/};jJ{; M~~( PArI11~riWill Event be Indoors or Outdoors? IO\fl1J61Jt.-S·- .-h .... 'kbi

(Include Plan) ...... ,~'UV_=...:_\~ _

Page 38: Counci Docket 08 24

Seating Capacity: IU\f\MBl,\t6t -t=lb:;rJtFor how many vehicles? IL-\V\f\\1tJ I

DANCE llio DEEJAY I tJ· 0 Amplification:j -

Type: J_- -----JSPORTING EVENT I NO

Set-up Dates (Sporting events only): 1 _

PLAY I ND . If yes, what type: 1--Will there be animals? I 4/l) II NOCIRCUSCARNIVAL I bJ ()

Ifyes,~esofanimab: I ~ ~I,

SHOW OR EXIDBITION: lS\B5 I Type: I 1\r't ~ fV\\I~ i"(., 'f.esT>\ltU! r

omn@~~~ I~ IAre required approvals attached, e.g., State, Recreation Dept.? I~fdM1>tt;y:) fe,yVV\\\:: Atkeh.ed IIs a street closing being requested? lli0 I

Will food be prepared on the premises? G.\es-- b~ O'J'±;\oU "WttLWS

If so, is Health Dept. Inspection Approval attached? fib C~t:

Page 39: Counci Docket 08 24

EVENTHOLDER L.-bD\L\~ \i~W(fytL<, I \IIIC­APPLICATION FOR A SP IAL EVENT LICENSE

(Page 3)

Will LIQUOR be served?

Ifyes~ will you be applying for a Class F or F-l Liquor License?

Ifnot, will another's license be used?

GlesLN~o_

I '-\6$\

Will there be gambling, e.g., bingO~ etc.?~ Do you have State Police Approval? Il~ foaWSList Names of Vendors Item to be Furnished

Do you or the pyrotechnic have Newport Fire Marshal approval?

Location from where fireworks will be shot:

Time fireworks will begin: 1__..;;..NJ.....,f-:A..!.-__7

Duration:

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

detail officers at sponsor's expense.

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

SPECIFIC ROUTE:

Page 40: Counci Docket 08 24

lo prn

EVENT TITLE/TYPE:

City ofNewport, Rhode Island

APPLICATION FOR A SPECIAL EVENT LIC~ry~f AUG 11 2011 . ~ ... ,

DATE: 9; IJ-I ll i"l,f;8B,~fl~0lT---'---,~ 1 / I

I.~~-- ~I

Date(s) of Event:

Hours of Event:

LOCAnON OF EVENT:

Holder of Event & DBA:

Title: . \,Ie-nts JJs~n~re~Hcldm~Ewm:I_~~.~_·_-~·=~~~~_/~·~~~~~~~~~~~~~~~~~

Printed Name: ~,-=:\i,-,-.-..:....e~~""""'--'--'::......:..-__~__~_,....JAddress of Holder ofEvent:

Business Telephone: I~QI- [46~ Iqg3 Residence Telephone: ,~-'---+-....>----~__~_.........Is Organization Non-Profit? I Ve:<; I Is Organization Religious? No

Is there a charge for admission? l4-"",S,----.JIs event to be on City, State, or Private Property?

Signature ofProperty Owner:

Printed Name of Property owner:1 C \~ Dl~- \ OJ{) fA

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

Will Event be Indoors or Outdoors? I Outetonrs(Include Plan) ._~~"";""::"""::':~~~~_~__~__~_~~_------J

Name of Property Owner ofEvent Site:

Page 41: Counci Docket 08 24

EVENT HOLDER SC\.d Ne-w(?brl:-APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

If Outdoors, will toilet facilities be provided? [jes IIf so, location of toilet facilities: I \f'6\ ck- 'ov', \o\\@ ~-\ N~\I i ·Por-tr.lb Ie ~trol:rl"1S(Include on plan) . v:J

\Q (UW. I'mWill a tent be erected? I: ~es I COpy OF TENT PERMIT MUST BE ATTACHED:"' 'N-ewp~,.rt(Include on plan) S.\1l\ \.VI\)!..nowV\, '_'~ )?~~) T~

I "? j(A.~ tm·~ (&Q6 ! -' L . 1-Expected Attendance: 4DD + \1 Seating Capacity: loa cl1l1f)" pl~nhJ S~1~

Is parking available: 1GN Let I... For how many vehicles? LU:1lj&/moTn IQcross (~}rfU-1t .

CONCERT 1-f\J-C2--1 Is staging or platform required? 1---1 Amplification?

List types of musical instruments:

DANCE I No DEEJAY J yes Amplification: I Uri funtl 'JJ1.

SPORTING EVENT I N/k I Type: 1 _

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

Will there be animals? IL.-_-----J

Type: IL _

1 ---

[]!A 1CIRCUS

Ifyes, what type:PLAY LiJJKJCARNIVAL~

.....---------------------------Ify~,~p~of~imab: IL _SHOW OR EXHIBITION: L1\ fA IOTHER0~~b~ l ~ ~

Are required approvals attached, e.g., State, Recreation Dept.? W-+/A----'- _

Is a street closing being requested? IL--_N_V~ _

Will food be prepared on the premises? If\1- 'Btl..! I tIS CtLf fl-

If so, is Health Dept. Inspection Approval attached? I N)/\ II

Page 42: Counci Docket 08 24

EVENT HOLDER 3(A'~( ~eiUDv_rt-=--- _APPLICATION FOR A SPECIALINENT LICENSE

(Page 3)

Will LIQUOR be served?

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

Ifnot, will another's license be used?

If so, whose?

l'4e sI f-j

I N/fr

Will there be gambling, e.g., bingo, raffle, etc.? If\lf)

List Names of Vendors

Do you have State Police Approval? 1......__--'

Item to be Furnished

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

FIREWORKS

Do you or the pyrotechnic have Newport Fire Marshal approval?

Location from where fireworks will be shot:

Time fireworks will begin: I~ _ Duration: 1'-- _NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.

If fireworks are for longer than 15 minutes, arrangements must be made for policedetail officers at sponsor's expense.

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

SPECIFIC ROUTE:

Page 43: Counci Docket 08 24

~SAILfCJ.EWPDRT EVENT TENT ALSO INCLUDES:

• 100 chairs• 10 4' round tables• 12pedestal tables• 20 8' long tables

Sail for Pride TENT PLAN

EVENT DATE: Sunday, September 11,2011

Set Up: Saturday September 10th Take Down: Monday September 12th

Location: Newport ShipyardIn the Parking Lot on the North West Corner of Main Pier

Newport Shipyard

Toilets

o40':x 100'

'Tent

o1 \11

Pier West

WATER

o

o

Page 44: Counci Docket 08 24

OUC(ULY

L .:. ;i \.; ~ •...

L/l( L('..'.;City ofNew ort, Rho e Island . 0 /-::~ 2(1( ;i

APPLICATION FOR A SPECIAL EVENT LICENSE '0V0G 15· 2011 '

DATE: ~??+-/9-1--------l)~II_-/ - 7.1

EVENT TITLE/TYPE:

LOCATION OF EVENT:

Date(s) ofEvent:

Hours of Event:

Title: I

Holder ofEvent & DBA:

Signature of Holder ofEvent:

Printed Name:

Will Event be Indoors or Outdoors?(Include Plan)

Address ofHolder ofEvent: I ' 'J I L ~ l! i6(5l'h '-" fJ! /11; J/£-hwL-Business Telephone: I Lf6/-f-)!; e.O:5 ~~ Residence Telephone: 1'- _

Is Organization Non-Profit? Iyejf\ I Is Organization Religious? :;t;c.J IIs there a charge for admission? ]')t'Q.·r I I IIs event to be on City, State, or Private Property? __....;(~~_·~_1--,y~ --J

Name of Property Owner ofEvent Site: [ ---..,. ---ll

S~~cl~~~~:[ ~_1

Printed Name ofProperty owner:1 I

I

Page 45: Counci Docket 08 24

EVENT HOLDER alA iJ- filAr",,,/,: f/'APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

For how many vehicles?

Seating Capacity: 1L........-. ---'

COPY OF TENT PERi'\1IT MUST BE ATTACHED.Will a tent be erected?(Include on plan)

Is parking available:

If Outdoors, will toilet facilities be provided? 1 '7J?F =~

Ifso,loc~ionoftoikt~ilities: ""I~"~'~~~~'~~-r~~+fJ~~~'-~~_~-o-~~1~~~~~~~r-f7~c-~-~~~-d..~~--L_-"~~-(Include on plan) _...;;fj~cOe-~r_~~.-ltL,,-:+(",..(<3..J..;)" -<../I1.~'tl<_I"_'~<..::6_'___..,f4!f_'l1l<J.-_1_/-~·:....."nl-r---:-

I No I

Expected Attendance: . I ~]0 r" Ltd II 7f!{ )

CONCERT I iJ6' I Is staging or platform required?

List types of musical instruments:

___~l Amplification? I -J

I~_----,--__~----DANCE I 4J 0 "I DEEJAY QJp" Amplification: Ie.....:-o!1-vJt>c.=:" J

Will there be animals? I'--__~

SPORTING EVENT Iii? [' Type: I L{,/~ ·PfldJ k,// ·7b;~t--,~c.VJ(!e-. r

Set-up Dates (Sporting events only): [ elll~711 .1;;:; rJ4 r 5:i2.:f C/(J k:: b/'Ct{ fclc

Ifyes, what type: IL---. _

CIRCUS I4)() IPLAY Ll/d ICARNIVAL [7{] t:2]

-

Type: 1_" _

Ifye~ typesofani~~s: 1 ~__~

SHOW OR EXHIBITION: [7QQJOTHER (describe) lr-"----------------------------

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

Is a street closing being requested?

Will food be prepared on the premises?

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

Page 46: Counci Docket 08 24

EVENT HOLDER Pau ( /[-fVV3 r -J/APPUCATION FOR A SPECIAL EVEJ'lT LICENSE

(Page 3)

Will LIQUOR be served?

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

Ifnot, will another's license be used?

If so, whose?

I,h IIII I

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

List Names of Vendors Item to be Furnished

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

FIREWORKS

Do you or the pyrotechnic have Newport Fire Marshal approval?

Location from where fireworks will be shot:

I

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

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

detail officers at sponsor's expense.

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

SPECIFIC ROUTE:

Page 47: Counci Docket 08 24

EVENT TITLE/TYPE:

LOCAnON OF EVENT:

City ofNewport, Rhode IslandAPPLICATION FOR A SPECIAL EVENT LICENSE:'

DATE: ----l£-.J--.-~a~-_J-/---

1./ C'IYT Tit E' /y J C H r tv)<l/-, J<

'TItE L61,1J ~}t1. I Pi v... t.Y#t Plio /411t .JlJCjtr7 Y

IS1<) l w..~ JR€:' (;'//\/1</ 14/Y/ V E'A7 J'I,:; Y'

Date(s) ofEvent:

Hours ofEvent:

Holder ofEvent & DBA: 1117& t.. {(U J<l';M 1)1 .j- L )!j111P/~~PlI1S"lJrJeTY

Signature ofHolder ofEvent: [ (ly,j,{J f'>1 ~P""'-

Printed Name: I CPr¥l.!JL Yh. CfJJ<lJ'Oj\1 Title:

Address of Holder ofEvent: I~1 0 Cwr//1 e UFC1.)1AJ.P;-(J/'{ rJ<'I, Q9- 9d ()

Business Telephone: 1-$10/- 9lIJ- Pt-t-I- I Residence Telephone: 1 _

Is Organization Non-Profit? lye: S' Is Organization Religious? I /'I 0

Is there a charge for admission? I JV () I IC)71 rJ P)(/ I/YlT("

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

. I r--.~ I MC; ;(')/1' HI JA/Y/ t .Ir.- l/J JI r"VName of Property Owner ofEvent Site: J I'll-- VV u\.,=, CINrJ VI t/L 1\

-----~-----------------'

S~~re~P~~~~ 1~-4~~_--~.~~~e~dp--~6~)~:~~-~~~~-~~-----------Printed Name of Property owner:I__Ll_L:._-~,_.. !_~__n _. f\. l.. '" n (rO I.A;) C!. ~...J'

Will Event be Indoors or Outdoors?(Include Plan)

Page 48: Counci Docket 08 24

EVENT HOLDER LElIl<lt J11//4 ,j.<'1141 /116 fitIf S"O C) e 7 VAPPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

IfOutdoors, will toilet facilities be provided? I ye,-.r

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

Will a tent be erected?(Include on plan)

Expected Attendance:

COpy OF TENTPERMIT MUST BE ATTACHED.

Seating Capacity: 1 _

Amplification?

Is parking available:

CONCERT I /Y (;} I\ie .Y 1L For how many vehicles? _

Is staging or platform required? 1 J)I 0 1

List types of musical instruments:

I ---J

DANCE 1 /Y (.) I DEEJAY 1 y ((s I Amplification: 1_-L.Y~c.::.....·_S"_---J

SPORTING EVENT I N 01 Type: l ----J

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

Nol cmcus

I JI. ()PLAY _.L: _

CARNIVAL IIfyes, what type:

Will there be animals? 1__--1

SHOW OR EXHIBITION: Type: 1 _

OTHER (describe) Iw)1LK () It: :;.!j;... YHI '- (rJ~ ~/I f- 6FF CfJtH jP Il-..P

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

Is a street closing being requested?

Will food be prepared on the premises?

If so, is Health Dept. Inspection Approval attached?

/Vo

Page 49: Counci Docket 08 24

Will LIQUOR be served?

/,- - I. -.. r;. Jt>'C/ e:7 yEVENT HOLDER Lr:t1Kt)qJI1 r- yjL(/#t;~A -

APPLICAnON FOR A SPECIAL EVENT LICENSE(Page 3)

/"'1 0

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

Ifnot, will another's license be used?

Ifso, whose? ll- ~ _I

Will there be gambling, e.g., bingo, raffle, etc.? I j)/ 6 1 Do you have State Police Approval? 1,-__

List Names of Vendors Item to be Furnished

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

FIREWORKS

Do you or the pyrotechnic have Newport Fire Marshal approval?

Location from where fireworks will be shot:

Time fireworks will begin: 1 _ Duration: II--_--~--_

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

detail officers at sponsor's expense.

ROAD RACE, WALK-A-THON, ETC. On Roadway(s) 0 On Sidewalk(s) I .t;J--Has notification been made to residents along the route? !yO (;Y()r 1f{JjIt. Y 11111::S){jt:lY7//! c... )j./f(y,Have temporary signs been posted? \ (Signs must be]emoved by thoe following day.)

.is l/-" Il..t:... files? "-4/!7 ;DHY

SPECIFIC ROUTE: AleNT be\1 (j (';;. IAJR1Kl!,HfAiS,rr 014~1)}f#/((("')f7

Jl1 LIAt S'O(~ZW -r;.n.-c.)#)(J)r ~UC'{l?r J4W',1?1 cwr 61110 .6El((("vue~lI '

X/c.il? a/rro /Y)9KXJ9 C'I9/IIJf 77 ;qtd.~ XI ChiT 13J1(')( ()/(T'O oCf/Rtr

fr· 15,-)/1>. ) F//I/IJ# #7 tpIlKe-H/.fKJ'7 (j'Vjj4h/fY/tJlc;'"(/- (Sf"t..~)117fi(,IIFIJ)

Page 50: Counci Docket 08 24

/

/:X' - Google Maps/,.

'" Address Newport, Rhode lsi

Page 1 of 1

Get Google Maps on your phoneTextthe word "GMAPS"to 466453

/_ \..i:OJ1~ \1)l.>---1JL

4J ,- H~\\\'~ ;0~\TI '-r~t.::>

~~;5nt O\J\ ~ LJo..'atlnur~-t Q0oc~(11~.~\.~c\ \0J,\,\\e0 Ave..

:if.. ~t)\f* 0\\\0 ~Q..\\.Q.\/lkQ... .ftue......f( t-l:\\rr\- CX\-m ~,(o.JA() ~t\,Av

J ~\i'ht 'exALY.. on:+O OcJ)(-L Poin+ l:3j

..M \;\')',s\') 0& VJCk'&nue~ &\XtMo,(lC

httn:llman~.Q'ooQ'le.com/mans?f=a&hl=en&Q'eocode=&a=newnort+RI&ie=UTF8&11=41.4... 7/16/2008

Page 51: Counci Docket 08 24

r-f

"'"

,". t:;."· ,~ \"''''

- ~.,~.' --~ .. ,

Page 52: Counci Docket 08 24

City ofNewport, Rhode Island ,1 AUG 16 2011APPLICATION FOR A SPECIAL EVEN1\tI'CiENSE

,L,

DATE: ~¥;j~I/+-/_I_I _

E~T~: 1~__~_4_~__L_~_'~_~/_W_5__~_,_e_~_._~__~_~_-_/ ~IW~~~W~:I 3_0_, ~_~_,_~_~_e_~_._0_' __t_~_,_A_·_1_~_~ I

I 0<:7"' /S--jC' IDate(s) ofEvent:

Hours ofEvent:

Holder of Event & DBA: I ~7~d'< /(/;<'0 Y I.

Signature afRalde' afEvent:I~i:I..~ I IPrinted Name: I ~;-~t'c <- ~(~PY. I Title: I G/lA.jAddress ofHolder ofEvent: I /C' ~ /;..'d!./VK!JV IBusiness Telephone: I.~/ - 'lC~ .... :30 ?{ Residence Telephone: 11....--g:_"1_.r'l-'\,._.....:e''-- 1

Is Organization Non-Profit? I,A../ c_ I Is Organization Religious? I ,f"L... ;t:/

Is there 'a charge for admission? 1/&= .c.> I I~/t/<," It-- /..<~,/e;f 7Y

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

Name of Property Owner ofEvent Site: I h ~-G.£i / LJ /";-,~ /;: .

Will Event be Indoors or Outdoors?(Include Plan)

Page 53: Counci Docket 08 24

EVENT HOLDER ~T.< I t: f: £/..f. r::~ yAPPLICATION FOR A SPECIAL EVENT UCENSE

(Page 2)

If Outdoors, will toilet facilities be provided? I l'E>.s =:JIf so, location of toilet facilities:(Include on plan)

Will a tent be erected?(Include on plan)

Expected Attendance:"

Is parking available:

1/00 +

[ y~ S

I]

COpy OF TENT PER1\1IT MUST BE ATTACHE!!.

I _~OlSeating Capacity: l ~

For how many·vehicles? [S"'-/0

CONCERT I,If./o Is staging or platform required? I/l/ c# Amplification? I 1<::':"5-

List types of musical instruments:

DANCE [~O "I DEEJAY I/t~~ Amplification: I J

SPORTING EVENT j/t... <::?

Set-up Dates (Sporting events only):

Type: [ _

PLAY If yes, what type:

CARNIVAL I /t../¢..-l

If yes, types of animals:

CIRCUS I A... 0 Will there be animals? fA''''- <7

Type: 1_" =SHOW OR EXHIBITION:

OTHEB (describe) 1_" _

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

Is a street closing being requested?

Will food be prepared on the premises?

If so, is~HealthDept. Inspection Approval attached?

Page 54: Counci Docket 08 24

EVENT HOLDER ~ _

APPLICATION FOR A SPECIAL EVENT LICENSE(Page 3)

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

Will LIQUOR be served? 1_-1_-

.. 1_-Ifnot, will another's license be used?

Ifso, whose? I ~ _Will·there be gambling, e.g., bingo, raffle, etc.? ..j/V~

List Names of Vendors

For RetailSales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with HI Division of Taxati{)n? (Contact No.: 222-2957)

FIREWORKS

On Sidewalk(s) 0

Duration:

Do you or the pyrotechnic h~ve Newport. Fire Marshal approval?

Location from where fireworks will be shot:

Time fireworks will begin: [ -'

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

detail officers at sponsor's expense.

ROAD RACE. WALK~A~THON, ETC.

Has notification been made to residents a .g the route? __.,...-_Have temporary signs been posted? ~,--_(Signsmust be removed by the following day.)

SPECIFIC ROUTE:

Page 55: Counci Docket 08 24

(

\ ~,

.," I i:-~.

,- T....n> ••~_.~::--:;._"'~••• _._~ __.L.~._T"- _'.~_..- .

r~- /(J "-"-<-~') <,

j, \

.. '''' .. _...-_,_.J ,··,·L.

j

r--'... 1/< (C'

/

2()

." " '>', ,--.... c'

f

t -"---- -.

~i -.

Page 56: Counci Docket 08 24

Ii

ctf)v. lp dO I \I

EVENT TITLE/TYPE:

Date(s) of Event:

LOCATION OF EVENT:

City ofNewport, Rhode Island ,APPLICATION FOR A SPECIAL EVENT LICENSE

. :: AUG 16 2011 ;;

DATE: ~d"""""'iJ~.~_''_'--.-L----.---_=--~--,,-~"f-_,iP-(.. k-,J.,...,...~2---,7f._~_/'Cj._.7----.'~Co etj -retl~.-

, ij i~r\\{\ '"'Nl02.~ ~v\lce

Hours ofEvent: I Id - 3Qm

Signature of Holder of Event:

(L.-()

Name of Property Owner ofEvent Site:'--~~-+----1~-!-~-----=f~------~'----'

Printed Name: I Jecn-~ I Title: It£'-D IAddressofHolderofEvent: Illg'-{ k.~~..p~oJIAfZI O¥g.Business Telephone: 1401- b~ -~ 'CO I Residence Telephone: I IIs Organization Non-Profit? [SJto I Is Organization Religious? I ~DIs there a charge for admission? [SJr:S

Will Event be Indoors or Outdoors?(Include Plan)

Printed Name of Property Owner:

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

Signature of Property Owner:

Page 57: Counci Docket 08 24

EVENTIIOLDER\J.I\}S ere-~ l' Br Is..iv f (0 <-(..,q.;<e.,oAPPLICATION FOR A SPECIAL EVEN LICENSE <

(Page 2)

If Outdoors, will toilet facilities be provided?

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

Will a tent be erected?(Include on plan)

Expected Attendance:

Is parking available:

K£? I

I \qv I

O~I

COPY OF TENT PERMIT MUST BE ATTACHED.

Seating Capacity: LiJ'41ii3~O Il ZOBIFor how many vehicles? . .

CONCERT I /00 I Is staging or platform required?

List types of musical instruments:

___I Amplification?

1 _

DANCE IVO I DEEJAY I f\.B I Amplification: 1'-- _

Type: 1 _SPORTING EVENT jlUC)

Set-up Dates (Sporting events only): 1 _

PLAY I Nol If yes, what type:

Type: I~ _

Will there be animals? I'---_--JvvCARNIVAL 1 NO I CIRCUS

ffye~~~ofa~ma~: I ~

SHOW OR EXHIBITION: I JVC) Im~R@~~~ 1 _

,I IV/f}Are required approvals attached, e.g., State, Recreation Dept.?

Is a street closing being requested? I IYBWill food be prepared on the premises?

If so, is Health Dept. Inspection Approval attached?

Page 58: Counci Docket 08 24

EVENT HOLDER VNS of~"!~'~wIStzJfGocod1.eaAPPLICATION FOR A SPECIAL EVENT ICENSE

(Page 3)

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

Will LIQUOR be served?

If not, will another's license be used?

Ifso, whose? l"Rv5>S£LJ.-..

I'IESI

I Nol[3£51

~ e-t A) Jl=1!\,'f:. C4PC-el NG..

Will there be gambling, e.g., bing~~tc.? ~ Do you have State Police Approval? I'1£5;: IList Names of Vendors Item to be Furnished

RUJ)/)B2Q UcP\(\-Eae {b:kJ\~- ·4TQ~+w'()Q-

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

FIREWORKS rJ /ADo you or the pyrotechnic have Newport Fire Mrarshal__a~pp=-ro_Val?_--=======- ----,

Location from where fireworks will be shot:

Time fireworks will begin: I-------'

Duration: 1 _

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

detail officers at sponsor's expense.

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

SPECIFIC ROUTE:

Page 59: Counci Docket 08 24

CiTY OF NEWPORT, RHODE ISL.Al~D

The undersigned respectfully petitions the Honorable Council for a HOLlDAY LICENSE to allow retail sales on the following holidays: NewYear's Day, Memorial Day, FOillth of July, Victory Day, Labor Day, Columbus Day, Veteran's Day, or on an)' day which any enumerated holiday isofficially celebrated. Nq) Holiday Liecnse sball be issued and a retail bUllinesssblllll not be open Deeember 2Slb of any yeai!' or Thmn~{sgivingDay, except pharm&eies, retail sbm~s that principally sell food products and which employ f0wer tbansix employees per shift at any {melocation, flower, gal'den and garden acce!l!l@ry shops, video stores, and bakeries. (R! General Law 5~23)

Application is made for: HOLIDAY SELLING LICENSF~ Date: .alp-I),

Owner's Home Address:

LICENSE :D.HJRAT!ON~

BUSiNESS OWNER:(Individual, CorpILLC, etc.)

Owner/Representative:

Authorized Signa~ure:

BUSINESS D/B/A:

BUSINESS LOCATION:

The undersigned has ber:n in business since (year):

E;.W r'" ~\(c"L__~~~IlCs-rie.S ~""O.~~ j\UG 12 2Cii

~' :E~.-0Z-·f/c~~rr\ ~"- ;

__~_r~G.-;.--> q L _~ .Title:_

~ L.oe"-S-n AJ'£ _ _ _Business Telephone No.: Lj:61- li~ \:5. ~3 Home TelephoneNO.~~-.PSp_MAl .mG AD RESS: siness IOC$tQO b 0 fie .18 addre6s _ iilll.!!!~~imeci!y)

-4-C:tk~L. -h_~.~J~~O-~~ ~ ~"1". A~_~ R-i.J~i.~\ __.@~Q~ I~

E-Mail Address;. ". __ .....(:>l.q,..LP._.~.c..Q.~!l~~~ . _,~=_~=~=~_~.=__ = __=,_~~~

.J O-U----

The business is prim::ipa11y engaged in the sale of the following types ofgoods: __-'-~ ~~~,,_ ::re.l.l ~~_P,!\Q_~.5=_C.t.~~~_L~_!__;~~l('-'!->_-_-.-

TRANSFERS ONI"V COrvWLETE TIDS SECTION

PREVIOUS BUSn'l"ESS (ownership): . ._._..__._. ~._.. ,_~.__.__..._....._.__._~.__~_." __.._._,.~. __.__ .._. ..._.:_.. ..._.._

PREVIOUS BUSThrESS D/BIA: __.o> • •••_.__..._. • ._"'.~~__._. ••_. • • •__._. • __~

PREV10US BUSR\[ESS ADDRESS: _._ .._. __ _._.. ._.__.. _. ._ ~_.. __.__.. .~_._. .. . . . _

PREVIOUS OWNER'S SIGNATURE: __.. _.. . .__ _.__ _.._ __.._ __.__ ,_.. _. .._.__ __.. .

Page 60: Counci Docket 08 24

c.nrv OF NEWPORT, RHODE ISLANDft FiT·-

/1. Ur." I~ I";/"\c~.'",\1 _. 'i' LUi!

The undersigned respectfully petitions the Honorable Council for a HOLIDAY LICENSE to allow retail sallfS on t~e following holidays: New.Year's Day, Memorial Day, FOUlth ofJuly, Victory Day, Labor Day, Columbus Day, Veteran's Day. or onl!ny day which any enumerated holiday isofficially celebrated. No HGllday LAce!'se sball be issued and a retail business sball not be open Deceui~er 2Stll ofan)' yelll' or T~anl(SgivingDay, e~cept pb;lIrm$cies, retail stiD~ell that principally sell food products ilnd which employ fewer tbao'shnmployees pel' shift at anyonelocation. flower, gal'den and garden 2ccellsory sh4llps, video stores, amd·bakeries. (RI General :n-~IlW 5-23)

Application is made for: HOLIDAY SELLING LICENSE Date: .t- if-/(LICENSE DURATJION~

Title: (') fA / /II~~-_. ~-~_.~--_.---...,.

'S>/f< 'r E;, C~\~ttkt( I~ QQ, g I~

Home Telephone No.: _ CLi'l?lJ .S·2~3 ~::~p c'_

S t.l \.YJJ. v\ll I 4- ,IVC •

__:::sr;~~{s.=-' _~L>J..S-_YL.lJ/'.tiL f3 ~(I< ),E

i

rom Y . ftlf ~

~~~~

BUSINESS OWNER:(Individual, CorpILLC, etc.)

BUSINESS D/B/A: '

BUSINESS LOCATION:

Owner/Representative:

Autbarized Signai~r;e;

Owner's Home Address:

Business Telephone No.:

E~ManAddress: ~. -;Text .ed~...L~ilLlAl~':~F~~ __,~. . =.,_~~~~~~~_=~."_~

The undersigned has been in business since (year): 4IEttJ-miJ~E;J'

'- ' /L~,c)r"~The business is principally engaged in the sale of the following types of goods: ._5..£1tlY£MA2-{--_~!S ~.__~_~t.J2-teL¥__f_~~--!-_.n£JL!- ....__~. ._. ._.__..:.._, ~.. ~__.. .

TRANSFERS ONiN CO:rvWLETE TffiS SECTION

PREVIOUS BUSlNESS (ownership): __. .._..._.~__..~~.__~,__,_". ...~.__.._. .__> __• ._.. _ ••_. •••_._.__....._ .. ••__~_._

PREVIOUS BUSINESS D/B/A: _~..._~_._.~ . . . . ~ ..__. ._.....__...~._. .__.__.__._~__.._~

PREVIOUS BUS.D\fESS ADD_RESS~

PREVlOUS OWNER'S SIG1-IATURE; .. .. .._.. .._._._..._ .._._~_._ ..._...__.__...~._h ...~_' .. _._.._.._..~._.__.. .

FOR OJF[\'H:}: lrw!; OI"i/1LY

Fmlf~g 1Fee $15,00 :Oat'~ Paidr:.1-J.!d!{~k(/W ."._.~.~. R0JlH:W$i _=.__ .•,,_~_.~,~:lr'li·~.~§f0f <.....,,_••__•

H~~€)\lil§eili'oo $.UP~.U~(jl Date Pftid~='1:..~{"d..::1~.Qh~I~[ I~i~.J:!~.r::.~ ..t._::.J.L_"" "." 'Cf.}ilJNC.H., ACnOf'~ ~,.~." _._., .. "" __".,._""w~,_.~" )) k'IJ{.~ "..;'.'.."~'_~W. '_~".

Page 61: Counci Docket 08 24

i L "

CITY OF NEWPORT, RlJODE ISLAND, ., ,

The undersignett respectfully petitions the Honorable Council for a HOLIDAY LICENSE to allow retail slles ,bn thefolJowjng J'lol.ldays: New I

Year's Day, Memorial .Pay, Fourth ofJuly, Victory Day. Labor Day, Columbus Day, Veteran's Day, or on anY da~wblcMmyenumeJ1!ted~oUday isofficially «lebnued. No Holldlly License sball be iSlured .Ild a retail bus.nus $JullI uot be open :oeteaibf!:h:lS. of',",,,Y~llrol' TIJa,nksjlvlpgDay, e"eept pharmaclu, retail sto..- that prilldpQl1Y sell foOd ptOOucCa Had whIch ~mploy fewer tbansl.- employees per shift at'ny one ...lot:atlon, flower. garden and garden ~s~ry SbOpll, ~Ideo storM, and baker••". (RI Gefu~ralLaw 5-23)

Application is made for:

LICENSE DURATION:

BUSINESS OWNER:(Indivlchlal. CorpILLC. etc.)

BUSINESS D/B/A:

BUSINESS LOCAnON:

Ownerl~epresentative:

Authorbred SJgnature:t'

Owner's Home Address:

Business Telephone No.:

HOLIDAY SELLING LICENSE

April!,..1llL.- tIIrough March 31~ _Q:qlb~ I

..~G UDUHI.{\1lrdullR) .00 UUIiUU \Oll8tI9I! llll Qjl'D1IJ"8__~

_.~_aJ~t!2>-=l~2llJ~)w__!itll-.Hk~M~es_.fL 1JJj/.E-Mail Address:--:...tf.~.1."4... lIJbdf!11~M~CBlit 114:... ,*.' _ ... "_....__• ...... .. .. _

The undersigned has been in business since (yesl'): rJ,OLlThe business is prittcipaHy engaged in the sale of the following types ofgo~ds: .t::.0(' ( h'iYl'(/"Q;r~_

'1('JI'1t.c~._Lkl1'1e d,-ecq)-- _ .. ---.:.. _

---_._----

TRANSI!'ERS.ONLY COMPLBTE THIS SECTION

PREVIOUS BUSINESS (ownership): ...~ . ._~.. _.._h~ . _

PREVIQUS BUSINESS D/B/A: __. ~._. ._. .__..__. ._. _

PREVIOUS BUSINESS ADDRESS: __".~__. . ._~ . ... ... _

PREVIOUS OWNER"S SIGNA1URE: _.. .__~ ._~.. ~..._ ..._~_,,_.__~._.. ~_._,,~.

Page 62: Counci Docket 08 24

<J

it, ',.

CITY OF NEWPORT, RHODE ISLAND

APPLICATION FOR TATTOOING LICENSE,

NEW RENEWAL )(..

PARLOR__ OWNERJOPERATOR-A- INDIVIDUAL ARTIST__

. AUG ,'. 1 20n .

,dYr-;;_r-J LJ,DdTE. . ..J' \

r 1

NAME:F\R.E'b SMITtt A--MEd<-t(' Af'..J '[frVlrOo(individual, partnership, corporation)

ADDRESS: 2:2 Et4-y UI to ttJ AVe Nfl R.T: TELEPHONE NO. 40' . ft€.(t ,;2 I q Lj/ (legal)

ADDRESS: 22 '\SAt \J \ (" l;J A\.fP N ~Yf- n, TELEPHONE NO. (,./0/_ Irq?,. ~ I ez If(local) .

PLACE OF BIRTH: FAU Rlv€~ MA BIRTHDATE:2<-]-6''1 AGE: 47If Partnership, name and address of all partners or If Corporation, name and address of all officers and stockholders:

NAME(S) ADDRESS(ES)

-:j CUi lo {S­

~~~~~~:4~~QL!Li~~~~~~OFFICE USE ONLY~~~~~~~~~~~~,..."..,~~~~~~~~~~~~~. .

Does the applicant or any person with an interest in the business of the applicant have any alTest record?Circle One: <::&0' YES (see ATTACHMENT) IfYes, Attach a Complete list of all prior arrests and allconvictions (whether felonies or misdeameanors) of any party.

ADDRESS OF BUSINESS: to Cot /; w3 . -s± AJ PT:"DtBIA OF BUSINESS: Ft-eJ 5/n,'rt, (fP?1ar'COfM Tot ?TooJELEPHONE NO. OFB~SINESS~~ ~ 5 00

Signature of ApplIcant ~.:zt.i:{.,'7'

Sw and subscribedto before me this 1 '!Jayo~,20.11f-+---f'-d\-A::::A-:A-_l+d-lb-L.-=-__.::>.-_---:NOTARY PUBLIC. My Commission Exprres

Date Paid: '(-.J--/W:~

Date: ----------

DATE: _

License Fee: $ !OO(0'0

,!k; (0'- rhJ1/f>.gJ' '-lJ'd/ J..

HEALTH DEPARTMENT:_~ _APPROVED__ DENIED__ Reason Denied: -------------------Action by Council_---'- ~_ __,_--~

Filing Fee:' $ (S Date Paid: ?~):-- r(~ ~License Issued by: Date Issued: _

C:\My DocUlnentsIJOAN'S\departlnent\Fonner My Documents\Fonns\FonnsLicenseRelated\SalnpleApplicatiolls\SampleQtoZ\AppTattooParlorhldividual.doGJanuary 14,2003

\

Page 63: Counci Docket 08 24

(to be filed in duplicate)

NAME:

d/b/a

ADDRESS):(residence)

Home Phone:

,? .AI~ Jl#lrff 1IV6-'wi7 . C -if

,/6/- r1r-JJ'l-./ I Business Phone: I '/111- ytj"-(J?~ 2-- I

ADDRESS LOCAL:

Location/Address of Principal P1ac1 ? 'I }/JJtt./l-Jrc.tw.twr n.;Y' voNI:'- C -y

Signature ofApplicant: --A~~~--Je-~~:="""~,---­

Sworn and subscribed to before me this Iht;.yof4, 20/I. -+~~~~~~~~:).!L.:-..s~:::......

My Commission Expires --'""-r'---.L-J;....+-=-

~-~--~~~~~~ ~ ~ ~ .--~-~OFFICE USE ONLY~-~~~---~~-----

Application Fee: $ 50 Date Paid: fS':-{c; -((4..-./.License Fee: $ /{}0 Date PaidF-/ep-/(~ ':::/.

License Issued by: --- Date Issued:---

ACTION OF COUNCIL _ ACTION DATE: _

Page 1 of:!Af}I)03Detect!cveLic(\IlSe Cr<,~ted on Oll05/04 11:55 ANI

Page 64: Counci Docket 08 24

INTERNAL USE ONLY

NAME: _M~....::U~;':.LiIti?/'1~~X~.~&;_IAiZW__.....:;I14.-~ _

PLACE OF BIRTH: I ~(lIIA/Jtlc,t".. Jf:Z: I BIRTH DATE: __()_')_-_I~)_-_\..J~I)_---JI AGE:

US CITIZEN? (circle one):~ NO SOCIAL SECURITY #:

Present Occupation: AJv!lTt ~vrln,-'n/~

Previous Occupation: (use separate sheet ifnecessary) _

Length of Time Resident of Rhode Island?: 6.f yA.../

Length of Time Resident ofNewport? Lr y~ J

Degrees in Criminal Justice Received from Accredited Colleges or Universities (and where)?

f~,.,t'O+V 61/(,£« t:'t: ~N~ -::;r'£LAtvl> V/J./1t/""'" I rY

Length ofTime & Description ofPrevious Experience/Training as an Investigator/Police Officer with a

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

Related Field: (us::"ate sheet ifnecess;"Yl JVf lJtU1y L_#<My ;tIl917vt1/19L- CvlJlL-l> C~ ynffU

Years & Description of Experience as a Private Detective:

/0 >'~>

(

/11 J...-17JH):Y

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

of the community?~YES IfYes, please explain:

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

by any licensing authority?~ YES IfYes, provide details:

Page 2 of2A!lllOJUetectiveLil'ense Cl'eMed Oll 0110510411:551\.1'>1

Page 65: Counci Docket 08 24

Silvia. Kathy

From:Sent:To:Cc:Subject:

Marty Grimes [[email protected])Wednesday, August 10, 201111:18AMWaluk,Stephen; Silvia, [email protected] Block Party Request

Hello Mr. Waluk and Ms. Silvia,

I am asking for City Council permission to hold a neighborhood block party on Sunday September 4, 2011 on my streetaddress from the hours of 2pm to 8pm.

My street address is 111 Champlin PI N., and the portion of the street blockage shall start at the corner of Ellery andChamplin PI N, and end in front of the Vienne/Leys property at 107 Champlin Place North.

Thank you all!

Marty Grimes MBA Specialisl in Sustainable DesignState Conservationist NRCS - Technical Service Provider #10-6599Certified Erosion, Sediment & Storm Water Inspector - CESSWI 295The LawnSurting Companies - SurtSlides.com401.339.8959 - Cell 401.847.5734 - OfficeNewport, RI USA

1

Page 66: Counci Docket 08 24

Silvia, Kathy

From:Sent:To:Subject:

To Whom it May Concern-

Brett Allen [[email protected]]Thursday, August 11, 2011 8:03 AMSilvia, KathyNewport Oysterfest, Inc. (Change of Date)

The Newport Oysterfest, Inc. (to benefit the Fort Adams Trust) would kindly like to request a change of date for theupcoming Oyster Festival @ Fort Adams. The current City of Newport approved event is Saturday, October, 8th 2011.The requested date to be approved is Sunday, October, 9th 2011. We understand the official hearing will take place onAugust 24'h. Please let me know if there is anything more you require to affect this requested change of date.

Thank you in advance for your time and consideration,Brett401-692-1007 (cell)

Brett AllenMS Walker of Rhode Island16 Commercial WayWarren, RI 02885

JU. ·~~8 W1\LI<ERIII i~, .",,,,,,,,.,,'00,,,- ,,,'

1

Page 67: Counci Docket 08 24

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

COASTAL RESOURCES MANAGEMENT COUNCILOliver H. Stedman Government Center4808 Tower Hill Road, Suite 3Wakefield, R.I. 02879-1900

(401) 783-3370FAX: (401) 783-3767

CONTINUATION OF MEETING NOTICE

August 9, 2011

Site Address:Site Town:Proj. Desc:

Anne Street Plat: Lot:NewportExtension to existing Anne Street Pier

The application for State Assent of City ofNewport CRMC File Number 2010-05-070 will

Not be reviewed at the next meeting (Tuesday, August 23, 2011) of the Coastal Resources

Management Council. A request for continuance was received and granted by the Council.

Please be advised that you will be notified by mail of the rescheduled meeting.

Individuals requesting interpreter services for the hearing impaired must notify the Council

office at 783-3370 at least 72 hours in advance of the hearing date.

flam

Sincerely yours,

CU~~~William J. MosunicApplications CoordinatorCoastal Resources Management Council

Page 68: Counci Docket 08 24

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

(401) 783-3370

FAX: (401) 783-3767

MEETING NOTICE

Site Address:Site Town:

Proj. Desc:

Anne StreetNewportPublic "Touch and Go" boating facility.

Date: August 2, 20 II

The application for State Assent of City of Newport CRMC File Number 2010-05-070will be reviewed at the next meeting of the Coastal Resources Management Council. If you are the

applicant, it is necessary that you be present at the meeting to answer any questions that may arise.

Please be advised that a copy of the CRMC staff engineer and biologist reports may be obtained

from the CRMC offices in Wakefield for the applicant or his/her attorney. Interested parties may

attend and present evidence for or against, or for informational purposes in accordance with CRMC

rules. Parties interested in this matter are encouraged to review the latest information contained inthis file and also should refer to Management Procedures 5.3(8) among others for additional

information.

The meeting is to be held at 6:00 p.m. (please be advised tilat tile CRMC Educational series begins

at 6:00 p.m.) on Tuesday, August 23. 2011 in Auditorium 134, Community College of Rhode

Island, Newport County Campus, One John H. Chaffee Boulevard, Newport, RI. Evidence or

testimony regarding this case may be submitted at the time of the meeting (see CRMC Management

Procedures). The CRMC office policy for public review of files scheduled for review by the full

Council states that they are available to the public until 12:00 p.m. on the day of the meeting.

Please confirm application's hearing status via CRMC website (www.crmc.ri.gov) or bycalling 401-783-3370.

Individuals requesting interpreter services for the hearing impaired must notify the Council

office at 783-3370 at least 72 hours in advance of the hearing date.

flam

SiJ;lce(ely yours"

Jffid V?VYAbLLisa A. Turner, Office ManagerCoastal Resources Management Council

Page 69: Counci Docket 08 24

U.S. Departmento~.Homeland Security

United StatesCoast Guard .

CommanderFirst Coast Guard District

Battery Park Bldg.1 South StreetNew York. NY 10004·1466Staff Symbol: (dpb)Phone: (212) 66B·7165Fax: (212) 66B·796716591August 8, 2011

AVAILABILITY OF PUBLIC NOTICE

An application has been received by the Commander, First Coast Guard District from theMassachusetts DcpaIimcnt of Transportation (MassDOT) for a U. S. Coast Guard (USCG)Bridge Pelmit Amendment for approval to place submarine cables at and for extension oftime tocomplete the Brightman Street Bridge across Taunton River, mile 2.1 between Fall River andSomerset, Massachusetts.

Public Notice 1-106 dated August 8, 2011 has been published on the USCG Navigation Centerwebsite at: http;i!www.navccn.lIscg.gov!indcx.pllP under the Current Operational/SafetyInformation section. Interested paliies may also access the Public Notice on the First DistrictBridge Branch website at: hllr:!!www.llscg.milid I 'prevenlion/hridgcs.asp.

The public notice contains a detailed description of the proposed project moditications andincludes a location map and bridge plans.

The puhlic notice may also be obtained by calling the First Coast Guard District Bridge Branchat 212-668-7165, by writing to Commander, First Coast Guard District, Baflery Park Building,One South Street. New York. NY 10004-1466, or by facsimile request at 212-668-7967.

Interested parties are requested to express their views, in writing, on the proposed bridge projectincluding its possible impacts to the environment and navigation. Comments will be received forthe record at the address given in Public Notice 1-106 through August 23, 2011.

FOR THE DISTRICT COMMANDER:

Page 70: Counci Docket 08 24

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jlJ'-t.l.CYf)()r:f) 01():k~~:)J(L(7d.v (?,) EIt-£J{'!t:l ~ 6i'rrJJ"cl

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Page 71: Counci Docket 08 24

, " , .. , ,

j'.- e-:' \1/if ' (' r--v/t~/ .,..,.1 ,. r '. . 'C''' >C C) 'JG,. J q ,-t.f IIO-LT (J t:P f, .:::, .',

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('931: fY)APl( A-ilttW--'li>J

j,JuDjJ(?iTj

{ZL' ()zEY-/()

Page 72: Counci Docket 08 24

Mileage Out: 158500

MIdas Middletown158 East Main StreetMIDDLETOWN,RI 02842(401 )849..7744

Customer ID: 4516005927Nama: BONNIE DUGANAddress: 231 MAPLE AVE #701f\l1dress 2: ,CitY,State,Zip/Postal Code: NEWPORT, RI, 02840tololna Phone: (401) 489-6204Work Phone: (401) 619-7217Olher Phone: (000) -0000 exl.OOOOTax Exempt #: 000000000000000

Service comments:

Year:Make:Model:Lic No:VIN:Color:Engine:Mileage In:

94TOYOTACAMRYDXTX370

REDL4-2164cc 2.2L158500

.......".....: .... ~:~:.'": ..Ft'AGE

\~;~.:<.....~;:;.... ri'o I'~~~ [\ '\\./{/ r..t.:.;.:, \. 'j..">.',:.1,,: i'\) k .\[r) ,·c·· :

\

\, I '. ,_..... I : 1 ,. ~;- -~ / .~ ~ ~ \ ',~ >,;I r""' : .

'.\ Ii \ \\ i ,." (. rl()'j'j \ ' ,}

\

;\)' /\U \:J ~j L.\ i:....",,:

,. L.""-,,.. ._<..... .:_.....JCITY i\· ":. , .. Ui,1

ell': CUi;'~' (:'iCE ._,, _.__Da,l&I+ime:-..- ..··.. '-08706,(1109 :27 :08

Estimate #: 195792Invoice #: 132972Key Tag:PO Number:Email Address:FleetlWholesale: NUnit Number:

Salesperson: J. WILLIAM

Total Midas International Corporation issues warranties......... on Mufflers, Catalytic Converters, Shock Absorbers

Strut Assemblies, Strut Cartridges, Brake Shoes351.38 and Pads, and Variable Rate Springs. The Warranty

terms for these products Me stated on separate321.57 printed warranty certificates issued to you,

together with the invoice, upon the purchase of595.1? the appropriate warrantied Product. The terms of

23.97 all warranlies are in the Midas Warranty Binder ondisplay in each IVlidas Auto Service Experts Shop

40.00

40.00

87.500.00

LaborList

311.38

281.57

507.677.99

RA * MUFFLERVVC#:Z45160121266

RA * CENTER MUFFLERVVC#:Z45160121274

RA * CATALYTIC CONVERTERRA EXHAUST GASKET

TOTAL EXHAUST: 1,292.09

OP/72016-8

1 OP/CAT48123 521632

Qty: .. Part .#_.~..__.__.B£~_!__qp__ ..P.!l.s.~!ip~i2D. . _..

EXHAUST'1 OP/72261-3

"'k Customer Wishes To Discard Old Parts •••This Warranty gives you specific legal rights: youmay also have other rights which vary from stateto state.

r~/\ NECESSARY COMPONENT OF WORK All products and workmanship ure warrantied for(90) days from the date of lhe installation.There are no other warranties issued by f'vllda>:International Corporation.

Warranty worll will be performed at any Midas Shopin the USA or Canada offering the warrantedproduct 0;' service. For the address of yournearest Midas Shop, see the Yellow Pages of th~locallelephooe directory or write: Midas ConsumerRelations, 1300Arlington Heights Road, Itasca,IL 60143.

YOUR COMMENTS A1'{E VVELCOME.CONTACT ROBERl POWEHS

PHONE 1·800·225-4410['-MAIL [email protected]

X(Customer Signature)

TEC~I: 000177-0.00000400-0.00000333-0.00

PAYCASH

AMOUNT1,397.81

S. MILLERA. MEDEIROSD.SEYSTER

ShopSuppliesSUB TOTALSALES TAXGRAND TOTAL

27.001,319.09

78.721,39781

'''·SAFETY RECHECK··..RECHECK TIRES

BY .---,-__....SAFETy RECHECK....

RECHECKLOFBY

--;-;-*-;;;;;;~-;;;~

INVOICE INVOiCE Midas MiddletownCUSTOMER COpy

INVOICE

WITH THIS INVOICE,SAVE $5.00

OFF ANY PARTS OR SERVICESDURII>JG YOUR NEXT VISIT

NO DOUBl.E DISCOUNTS CC:JNV

Page 73: Counci Docket 08 24

0000 ACCT 00000007910347 DUGAN BONNIE

~HS 08/06(11CUR

I CTL2 001 CTL3 000 CTL4START DATE 11/26/10

HISTORY SUMMARY 09:06:16

OPT: A=ACCRUED SINCE LAST TRAN, C=CAPTURE, R=REVERSAL, S=SPECIFIC

.214.25

TRAN AMOUNT20.0020.00

429.00.21

OPT EFF DATE TRAN DESCRIPTION11/26/10 8080 REGULAR PAYMENT12/20/10 8080 REGULAR PAYMENT01/12/11 8080 UNALLOC PAYDOWN02/26/11 7011 FEE ASSESSMENT03/18/11 3013 DELINQUENCY03/19/11 7010 WAIVE FEE03/21/11 a080 UNALLOC PAYDOWN03/21/11 3013 DELINQUENCY03/25/11 2983 TRIAD UPDATE MULTIPLE FIELDS05/05/11 2983 TRIAD UPDATE MULTIPLE FIELDS06/17/11 2983 TRIAD UPDATE FLO CURRENT FICO SCR DT07/08/11 2983 TRIAD UPDATE FLD CURRENT FICO SCR DT08/04/11 2983 TRIAD UPDATE FLO qURRENT FICO SCR DT08/05/11 8005 ADVANCE ( 1,397.81 ~,

PF2-NEXT PAGE PF3-PREV PAGE PF6-SELECT~AMPCHSSS TELLER #PYMTS= 0 ;AMT= 0

POST BALANCE445.47428.20

.00

.00

.00

.00

1,397.81

LAST

Page 74: Counci Docket 08 24

(1/ZJ-I/ J \

NOTICE OF INJURY TOCITY OF NEWPORT

AUG 10 2011

~ t2:s

Pursuant to Rhode Island General Laws Section 45-15-9 and/or Section 45-15-5, notice is

hereby given that Anthony J. Cassese sustained serious and disabling personal injuries on June

15,2011 in the City of Newport, at approximately 9:30 p.m. Said injuries were sustained in a

painted crosswalk located on a city street within the City of Newport. The place of injury was

within the painted crosswalk located on Morton Avenue at its intersection with Thames Street

and Carroll Avenue in Newport, Rhode Island.

At the above place and time, the injured party, Anthony Cassese, was walking in the

crosswalk on Morton Avenue in a northerly direction. Cassese entered the crosswalk on Morton

Avenue at the side of the AshMart convenience store, 2 Carroll Avenue, Newport, Rhode Island

(said store is located at the comer of Carroll Avenue and Morton Avenue), and began walking

across Morton Avenue, in the crosswalk, towards the lot located at the northeast comer of

Morton Avenue and Thames Street (Plat 40, Lot 20 on City of Newport Tax Assessor's Plat).

Said crosswalk and city street were defective in that there was a deep pothole located within the

painted crosswalk and city street. While walking in the crosswalk, Anthony Cassese was caused

to step into the pothole, causing his left hip to be jammed resulting in him sustaining personal

injuries. The location of the injury and deep pothole within the crosswalk and city street can also

be found on the attached photographs which are marked Exhibit A. Said pothole is circled on the

photographs.

Said crosswalk and city street were negligently and carelessly maintained as there existed

a deep pothole within the travel portion of the crosswalk and city street which created a hazard

and unreasonably dangerous condition to pedestrians lawfully using the crosswalk. The injuries

sustained were caused due to the negligent and careless maintenance of the crosswalk and city

street on the part ofthe City of Newport by allowing this defect as described to remain in the

crosswalk and city street for an extended period of time, and the failure ofthe City ofNewport to

I

Page 75: Counci Docket 08 24

adequately inspect the crosswalk and city street and warn those who traverse this area ofthe

dangerous condition of said crosswalk and city street, and/or the failure of the City ofNewport to

repair this defective condition, which condition created an unsafe and unreasonably dangerous

condition for pedestrians lawfully using said crosswalk and city street.

The claimant, Anthony Cassese, has been damaged as a result of the injuries sustained

and has incurred medical and hospital charges, lost earnings, other associated damages, as well as

pain and suffering. The claimant is unable to demand a sum certain in damages at this time as he

remains disabled and continues to receive medical treatment for the injuries sustained.

Dated at Newport, Rhode Island this 9th day of August, 20 II.

Anthony CasseseBy his attorney,

~Ibk====~FranCIS S. Ho roo II, (3412)Miller Scott & Holbrook122 Touro StreetNewport, RI 02840401-847-7500Fax: 401-841-8534

2

Page 76: Counci Docket 08 24

PROOF OF SERVICE

I hereby certify that on the date below I served a copy ofthis "Notice ofInjury to City ofNewport", dated , by delivering said papers personally to the CityClerk's Office, City ofNewport, Newport, Rhode Island.

Address:City ClerkNewport City Hall43 BroadwayNewport, RI 02840

Name of Authorized Agent Accepting Service:

City Clerk's OfficeNewport City Hall43 BroadwayNewport, RI 02840

Date: August , 2011.

Constable

Service Fee: $ _

S:\JAbram\Personal Injury\Notice of Injury\CASSESE.wpd

3

A TRUE copy ATTEST:

--Dennis M TaberCons1;aj)le 61~~f I

OATEJ~ I t; _u--

Page 77: Counci Docket 08 24

\'EXHIBIT A

Page 78: Counci Docket 08 24
Page 79: Counci Docket 08 24
Page 80: Counci Docket 08 24

Tina J Cassese17 Beacon CourtNewport, Rhode Island 02840-1237

Saturday, August 06, 2011

City Hall43 BroadwayNewport, Rhode Island 02840

Dear Board Members,

AUG .... 0 2011

I recently had what I thought was a plumbing problem In my cellar. The drain in the floor was leaking amoderate amount of clear un-fouled water. I had J.D. Mello plumbing come out, he changed the plug inthe floor, and made sure II was sealed properly. The drain however continued to leak water but less soover a period of weeks. I was fortunately able to catch the same plumber as he left my neighbors homesome time later, and explained to him that the drain was still leaking and he suggested I callGuaranteed Rooter service.

Unfortunately, this was after I detected a foul odor coming from the cellar. When I investigated thesource, I found a rather large fOUl puddle forming around the washer/dryer area coming from one ofseveral pipes back there. The service man that came at 8:30 pm spent 4 hours trying to get the waterto recede but was unable to after trying everything he possibly could. His final effort was to check themanhole cover in the street where he found that It was full to capacity. He informed me there wasnothing more he could do and that I should get In touch with the city waterworks. I was not sure whomto call but settled on the Utilities Depart emergency after hours number, which led me to the sewerplant personnel who came out to inspect the manhole. A second crew came out to correct the problembut by then, I had gone to bed since II was near or after 1am and I had to work In the moming.

The following moming Mr. James Lauzon met me as I walked my cat enquiring about the current stateof the cellar and asking If I would like someone to come and clean it. I was pleasantly surprised andagreed to the service. He then showed me a photo ofthe tarpaulin-like piece of debris they found in thesewer drain. Which I found to be both amazing and appalling that someone would do such athing. Thetwo men he sent did a wonderful job cleaning and It remains clean and dry to this day. Mr. Lauzon alsocame by at the end of his day to see if I was satisfied after the service.

I spoke WIth someone in the canvassing office when I enquired as to whom my councilman was andwas surprised to here that she was aware of my situation of less than 24 hours. She was also veryhelpful in directing me in the proper process of applying for re-imbursement.

I have incurred two bills for this situation, which I believe, Is due to the manhole being full and no waterflow being able to escape the house and therefore backing up into It. I am hopeful that you will find inmy favor and I have submitted copies along with this letter of explanation.

Sincerely Yours,

Tina J. Cassese

Page 81: Counci Docket 08 24

! .

J" DG MEllOPNJJM8~NG & HEAT~NG, ~NC"

64 ~,a~y~ Unft 25NEWPOtIT, RHOOE lSL~ND 02840

(4@l)~~;Un

~.~, #1~12 r'.M, #:t~PHONE D~

,( i- 037"7 ~-J7-//

MDSE. RET'O. PAID OUT

AMOUNT

Y 9£PR.·ICEDESdRwl'lON

.3 Pvc . flush <:ke;nov+r\

\1:" 1u5

QTY...

//Lf.eAD~E;;SS

)7 13es((;4J

6- lye) }.,? f} c1e.c;r .oaflr.slt.)k;; .//(LJ c' ljv.$~eitl§

TAX YTOTAL 65 j29

Page 82: Counci Docket 08 24

GUARANTEED ROOTER SERVICEDivision of Coastal Sewer & Drain Cleaning Services, Inc.

15 River StreetCranston, Rhode Isla~d 02905 (401) 461·5300

rUSTOMER NAME f"Lh i.. J. t(J-- 55~~e-- IPHONE~1' 1-0 $>r 7 IrORK ORDER #; (j f " I 'Ib' I

l~B;:;:IL;:;;L1N;:;;G;:A;D;D;R;:;ES;S====l;:::===;lf;::::================~== ~IN;V:;O;IC;;;E;:::;#::::==========:::;

7: bC'J-t, CetYl Lqt

-----------------------------------t----.----

.- ~ .

(

':!fJf \. Lifespan________________________ ) learn;n

.'. ~. Institute g

I hereby authorize you to perfoon the above described services. I hereby certify that I am dUly authorized to order and approve the work requested.Coastal Sewer & Drain, d.b.a. Guaranteed Rooter Service, is not responsible for damage caused by improperly installed plumbing or rotted pipe due

N.tlag~ustiC~cids, ~

y~nalure . " ~ Title _

Expiration Dale:

This is to acknowledge completion that the above described work has been done to my complete satisfaction.

o CASH 0 CHECK ~VISA No. j Yj'-2!f1 p tL I1-l1Jsri g d ~:11Signature Title _

Page 83: Counci Docket 08 24

IIKARNSLaw Group

August 11, 2011

D() ([Co-"rr

D

<i ~L(/ II

{(~ II \\ I]"'1 ; ;!",'/ J

Puv ,.) SJ ( , ~ )AUG 11 20n I'

--_.J(,:., -

Robert T, KarnsMember RI, MA & DC Bars

Sarah Karns BurmanMember RJ Bar

Joshua R. KarnsMember Rl & MA Bars

Rachel Karns KenisonMember Rl & MA Bars

Kathleen Silvia, City ClerkCity of Newport43 BroadwayNewport, RI 02840

Jude E. KerrisonMember Rl & MA Bars

RE: CLIENT:DOB:

SS#:ADDRESS:001:TIME:LOCATION:

Dear Ms. Silvia:

Edward F. Kearney7/26/61049-40-5677221 Purgatory Road, Middletown, RI 028427/29/115:20 pmSidewalk owned by the City of Newport in front of28 Mann Avenue, Newport, Rhode Island

Please be advised this office represents the above indicated Edward F. Kearney who wasinjured while he was walking up the sidewalk in front of 28 Mann Avenue in Newport, RhodeIsland when he tripped on an open hole in the sidewalk that was missing a cover, causing himto fall and sustain serious injuries. Per the attached police report, the open hole in thesidewalk is a water-shut-off access hole that was missing the cover. Please note this openhole created a defect that caused Edward F. Kearney to fall, sustaining serious personal injury.

As stated) the location of the injury was on the Newport City sidewalk in front of 28Mann Avenue in Newport} Rhode Island. The defect was an open hole that was missing itscover, as described in the attached police report and the attached Exhibit A. Mr. Kearney'sinjuries consist of orthopedic injuries including back pain} neck pain, right hip pain and rightgroin pain, and have necessitated him going to Newport Hospital on three occasions andcontinuing, and treating with Dr. Bradley, orthopedic surgeon. These injuries were causedwhen he tripped on the open hole creating a defect in the public way.

Please consider this letter notice of a defect in a public way within the 60 day requiredperiod, as the date of injury happened on July 29, 2011 at 5:20 pm. Please accept this noticewithin the meaning of Rhode Island General Laws 45-15-8, 45-15-9, 45-15-10 and 45-15-5.

As stated} Edward Kearney was injured and is in the process of treating his injuries and isincurring medical bills and expenses.

6 Valley Road, Middletown, RI 02842Telephol/e: (401) 841-5300 Toli Free: (888) KARNS-LAW Fa.,': (401) 846.5999 Email- [email protected] Web: www.karnslaw.com

Page 84: Counci Docket 08 24

[I(KARNSLaw Group

Page 2

Please consider this letter notice and a claim within the meaning of the above citedstatutes.

Encl.

Page 85: Counci Docket 08 24

2. and 3. Location of the open holeas marked and covered bythe traffic cone placed overthe open hole by NewportPolice officer McGregor on7/29/11 after EdwardKearney tripped on theopen hole. The locationis in front of 28 Mann Ave.on the sidewalk where thecone is, across the streetfrom 21 Mann Ave. inNewport.

Exhibit A.

1. Picture depictingthe open hole with­out a cover as it waswhen Edward Kearneytripped on it 7/29/11 .

Pictures were taken 8/1/11 .

Page 86: Counci Docket 08 24

r-409 P0001/0002 F-474VOl V·.., 'U.J.4

Inciden~ #: 11-1654S-0FCall #: 11-16548

Date ITime Reported: 07/29/2011 2105·-·--··_· ..· ...... - ........ -----------------.•...----­Report Oate/Time: 07/29/2011 2133

Status; No Crime InvolvedRepor~ing Officer: OFFICER Ca~!STOPHER MCGREGORApproving Officer: SERGEANT CHARLES SILVIA

Signature:

Signature:

LOCATION ornE: Residence/Home/Apt ./Condo30 ~ANN AVENEWPORT RI 02840

1 PDBLI:C ACCIDENT - INJURY

Zone: BEAT 2/135

1 ICEARNBY I IDWMD i'geS EAST MAIN RO Apt. #32MIDDLETOWN RI 02842DOB: 01/26/1961EMiLOYER: WAL~MART 401-848-5167INJURIES: Apparent Minor InjuryETH~ICITY: Not of Hispanic OriginRESIDENT STATUS: Non Residen~

TAKEN TO: NEWeORT HOSPITALTAKEN BY: SELFVICTIM CONNECTED TO OFFENSE NUMBER (S') : 1CONTACT INFORMATION:Home Phone (Primary) ~Ol-369-1Sa5

Work Phone (Primary) 401-848-5167

w 50 NOT AVAl:L 401-369-1885

Page 87: Counci Docket 08 24

r-409 P0002/0002 F-474

405405307

Entry ID:Mocli.fied ID:Approval ID:

08-04-'11 13:24 FROM-J.\IAltNAT1Vlt: .'UK Un'~l,;"'K l,;lU<... t>"'V......K .I. .."'......""1(

Ref: 11-16S48-01i'

Zn~e~ed: 07/29/2011 e 2135Modified: 07/29/2011 e 2214App~oved: 07/29/2011 @ 2228

Officer McGregor #405On July29, 2011 at 2115 hours I was assigned to car number seven, I was dispatched from city yard to thestation to meet Edward Kearney, the complainant. Kearney said that he tripped in an open hole infront of28Mann Avenue. He said the occurred at about 1720 hours. He recieved a small cut to his right leg and pulled hisright groin muscle.

He was treated by the Newport Hospital staffand released prior to filing the report.Kearney showed me the holethat is a water shut offacess hole that is missing the top. I photographed the hole using the department's Nikoncoolpix. digital camera. I then placed traffic cone over the hole and had dispatch leave a message with the waterdepartment to replace the cover.

Page 88: Counci Docket 08 24

jiili~il Waillski Paralegal

Maria Mejia, Legal Assistant

itichardP.Brederson, Esq.

Member, RI & MA Bars

John D. asel, Esq.

Member. RI, MA &NJ Bars

BREDERSON LAW CENTER, LLC950 Smith Street

Providence, RI 02908Office (401) 228-8110

Fax: (401) 421-5590www.bredel'sonlawcelltel'.COffi

AUC 1" 20'11

fc/!cA/5't?'/

Newport City CouncilNewport City Hall43 BroadwayNewport, RI 02840

August 8, 2011

Re: Nathan Mosher v. City ofNewport

Dear Council:

Pursuant to RI.G.L. § 9-1-25, enclosed please find the original petition in regards to the abovereferenced matter.

Please forward the same to your legal department.

Thank you.

Very truly yours,

~ ~~.~

Richard P. BredersonRPB/jwCertified Mail: 701002900001 60328287

Page 89: Counci Docket 08 24

CITY OF NEWPORTSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

PETITION TO THE CITY COUNCIL

PERSONAL INJURY

TO THE HONORABLE CITY COUNCIL OF THE CITY OF NEWPORT:

The undersigned respectfully petitions your honorable body

That on or about August 4,2011, Newport Police Officers used excessive forceagainst Nathan Mosher constituting gross, willful, or wanton negligence.

That on or about August 4, 2011, due to Newport Police excessive use of forceNathan Mosher was injured by Newport Police Officer's on Broadway at or near TheMurray Judicial Complex.

That the City ofNewport did have a duty to provide some reasonably safeconditions at all times material hereto and had notice of the incident as it requiredemergency services.

That as a direct result of the incident, Nathan Mosher received emergencymedical treatment at Newport Hospital.

That as a direct result of said incident, Nathan Mosher was caused to sufferpersonal injury, impairment, pain and suffering, medical bills, mental anguish, lost wagesand other damages which will continue into the future.

WHEREFORE, Petitioner tenders demand, pursuant to R.I. General Laws uponthe City ofNewport, for damages, reimbursement, and/or compensation in a sum not lessthan the maximum amount recoverable pursuant to R.I. General Laws Section 9~3l-3 forthe following and any and all monies expended in endeavoring to treat or cureP'etitioner's injury from the date of injury into the future, for pain and suffering anddisfigurement and such other amounts as this body deems just and equitable.

PETITIONER, Nathan Mosher,By his counsel:

Page 90: Counci Docket 08 24

Name Nathan MosherAddress 18 Pearl Street, Apt. 2, Newport, RI 02840Age "'35"- _Date ofLoss August 4,2011Name ofhospital:N~!.l,e~w~p~o:!..!rt'-"Hc!!o~s!,l;p~it~al!.._ _

Certified Mail No.: 701002900001 60328287

Page 91: Counci Docket 08 24

\ '\ !; ~

i, I

iii

\ III AUG 1J .2011fcJrIC0(So!

City of Newport

43 Broadway

Newport, RI 02840

10 August, 2011

Dear Ms. Kathleen Silvia,

On Friday, July 15th, 2011 there was a water main break on Mt. Vernon Street. The water pressure going

into my shower/tub was non-existent; I spoke to the water department employees who told me to call a

plumber, which I did. The plumber was at my home Friday night and returned Saturday morning to try

to find the blockage. In order to fix the water flow/pressure the plumber had to cut through the wall in

my bathroom closet, which I have not had that repaired as of yet.

On June 23rd/ 28th, 2011, a similar problem occurred, the water main was shut off on Sherman Street

and this also affected the water pressure in my shower/tub. I hired a plumber to repair this problem

and submitted his bill to your office and have yet to hear a reply or receive reimbursement.

I would appreciate this being resolved as soon as possible.

Thank you for your time,

Ellen O'Brien

12 Mt. Vernon Street

Newport, RI 02840

(401)846-2583

[email protected]

.:1, I1 :'I

Page 92: Counci Docket 08 24

Tel: (401) 846-3486Fax: (401) 847-7150

Donovan & Sons, Inc.Mechanical Contractors

Plumbing & Heating *Residential & Commercial

Mrs. Ellen O'Brien12 Mt. Vernon StreetNewport, R.I. 02850

RE: 12 Mt. Vernon Street

613 Aquidneck AveMiddletown, RI 02842

July 29, 2011

.. Labor and material required to respond to the emergency night call (Friday) andreturned on (Saturday) for no water to the tub as per request. Pulled stems andopened wall behind faucet, found the faucet could not be repaired, replaceddefective faucet and tested.

Total Material:

Total Labor:

*TOTAL AMOUNT DUE*:

-THANK YOU-

We Are NowAccepting Visa and MasterCard payments - (billings $ 2,000 and under)

$ 223.37

512.00

$ 735.37

Terms Net 30 DaysA 1.5% per month (18% anmun.) service charge will be added 10 all past due balances.

The Purchaser agrees to any and all reasonable Attorney fees, legal expenses, and assessments inCtDTed by Donovan & Sons, Inc. in the collection of this account.

Page 93: Counci Docket 08 24

CITY OF NEWPORT, RHODE ISLANDAPPLICATION FOR LICENSE AUG 1a 2011

i Pt}/ L-DATE-----"'-~=CJ-'--'iJ'_=_v."'__t:-__'__J_'____/ __

TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:

Application is made for the following license: __SOUND VARIANCE _

Date(s) of Event: 2FrTuR./j/iJi 27 AU6-1/

Time(s) ofEvent: S- PM - ;vi!b N/t5:.-HT

Location: 711 IfELL£ VVE AilE. -#-s N£VJPo.R.:r RI o2f?10

Applicant:

Signed By:

Property Owner's Name: --'-'=---'--=-".:.,i-'A'-7f+-l-I------:-MA/-'--'-~

Property Owner's Signature: ---?L-""'-.l..:.-"'--:;;,f''-------

Applicant Address: ---,-.46-,-=,--,---7'7'~-~-_

Applicant Telephone No.: 1-01 6/ c; ..s31- Z

---------~-------- Office Use Only ----------------

$15.00 Filing Fee Paid: r -/u-/(,d -:1.Advertising Deposit Required: -- l'C/. (/0 Date Paid: 8'-f cJ - ( I---:/·-;;J,Final Advertising Cost: (lO, d () AD Payment Completed Date: _

License Fee $_5_7J_._O~O Date Paid _

Taxes: __,--- Water: _

License issued by: __ Date Issued: _

ACTION OF COUNCIL: ACTION DATE: _

Page 94: Counci Docket 08 24

CITY OF NEWPORT, RHODE ISLAND /)UW 2011

APPLICATION FOR SECOND HAND LICENSE (or !/ari,~r)TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:

Application is made for a SECOND HAND LICENSE DATE: ~,i2.~/1

Date of Duration: ANNUAL_ Business Phone: _

BUSINESS NAME (ownership): l!Jtt.rflf/ic::dJJ.e/fJ ._(ld=-~s.e-=-.~fb==-'·~· _

BUSINESS DBA: ffltJJzC(ff ),jll1f._~

BUSINESS Location: 6'0 1/ztZif1/S J}meCOWNER'S Name: IhtJJ:JlfltaJJeth J/f$esh~ .OWNER'S Signature:~~~OWNER'S Home Address: i!i;l3.#.nuLl11 ~/tlB.;t}(ry1 /J/I1OJ.7fJOWNER'S Telephone #: tM.!? fJ~ E9/...5

PREVIOUS BUSINESS (ownership): _

PREVIOUS BUSINESS DBA: _

PREVIOUS BUSINESS ADDRESS: ~

PREVIOUS OWNER'S Signature: _

~~~~~~~~~~~~~~~~~~~~ FOR OFFICE USE ONLY ~~~~~~~~~~~~~~~~~~~~~~~~

Filing Fee $15.00 Date Paid: ?- /rJ -1/4. -j, New V Renewal

License fee $106.00 Date Paid (f'-Jd -//-:/.--;;7License issued by:__ Date Issued:---

ACTION BY COUNCIL _ ACTION DATE _

'Note: AS OF SEPTEMBER 26,1990, THE SECOND HAND LICENSE FEE WAS RAISED TO $100.00

Page 95: Counci Docket 08 24

T? -J-I-(-I(CITY OF NEWPORT, mODE ISlLAND . . ~JGft 'fr0ll .

The undersigned respectfully petitions the Honorable ConncH for a HOLlDAY LICENSE to allow retail sales oil the f.fuowin{holidays: NewYear's Day, Memorial Day, FOUlth of JUly, Victory Day, Labor Day, Columbus Day, Veteran's Day, or ~n any day "'hich any enumerated holidayisofficially celebrated. No Hollday License shan be issued and a retail bnsine" sban not be open D...lJiber2Stb ofoily y••<o.. Tba~k!iglv;ng ,Day, .x.ept pho....,,,";••, retail.iore, tbat principally ,en food products .ltd which employ r.we.. tban,lx employ... per sblft at anyonelocatiou, flower"1 garden and garden accessory shops, video stores, aDd bakeries. (RI General Law 5-23)

Application is made for:

LICENSE llH.JRATION:

BUSINESS OWNER:(Individual, CorpILLC, etc.)

BUSINESS D/B/A:

BUSINESS LOCATION:

Owner/Representative:

Autilllmized SigSilllture:

Owner's Home Address:

Business Telephone No.:

Date: dtlfl /d ,020/1

MAILING AIlQRESS: (circle !ll1>lil @ Business IOClldol} (bj owner's address lc} other ~jleclfx}

___L . ~ ._.__. . . . .__.. .. . _E-Mail Address: IJ/Id~~OL~C!...r£t!L2L_._._~ . ~_~~__~_

The undersigned has been in business since (year): JczI:L__. _The business is principally engaged in the sale of the following types of goods: ---t!LlfI'¢/lt£~ .

TRANSFERS ONLY COMPLETE THIS SECTION

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

PREVIOUS BUSI.!'·mSs D/B/A: __ ._._.__. ..__._..__.__.__. ._..__. ._... ..__.__.__. .__

FREVIOUS BUSINESS ADDRESS: __ ._ ... _.... ._... .._. ..._._. ._. ._.. .. .._._._ ._

PREViOUS OWNER'S SIGNAIURE: . . ..... .. ....__....._._.._...._.... . ... ..._ ..._..__.._.

FHijf~g 14'ie~~ S15J}!W

U~e:mgeiW"",) $:!iiJ@,!vli

F'OR OFlcICTh: 1!.Jm,; ON1LY

08te !,~.jdJ;Jd.:jLi'4",w_J~:'_.._... Reillltw,,1 ... ....._.~_._ .._:lf'm!l§f..'f ""_.,,,, ,

Dule Ptljdb...~~~_-t(-d!.·::J

Page 96: Counci Docket 08 24

August 16, 2011

Dear members of the Newport City Council,

I have lived in my home on 3'd St since June 2002. My home is just north of the intersection of 3'dand Van Zandt, and just south of the intersection with Sycamore. I recognize that this street is a.main thoroughfare for the neighborhood, and there will and can be no reduction in the volume oftraffic. However, the danger to residents due to increased moving violations has increasedsignificantly over the last year as traffic has increased, probably due to base gate closures. Theworst traffic offenses are committed during morning rush hour, but frequent violations occur at allhours.

In June, I realized that you have no clue about the situation, and I had to show you what ishappening. My office overlooks the street and the intersection of Van Zandt and 3'd, so I set up asmall video camera in a flower box on my office porch railing, and during two mornings, I videoedthe traffic. The first video was for 28 minutes and 35 seconds beginning at 0750, and the secondvideo was for one hour, 51 minutes and seven seconds, beginning shortly after 0700.

I have not counted the vehicles in the second video, but I did analyze the traffic in the first. This iswhat I found:

• During the full 28 minutes, 35 seconds of the first video, taken June 8 th, 2011, there were

171 vehicles traveling through that intersection.

• 82 vehicles approached 3'd St traveling west from the intersection at Farewell and failed tostop. In this group of vehicles, the video captured a backhoe, a police car, and a schoolbus. That is 93% of the vehicles traveling in this direction that did not stop.

• 6 vehicles approached 3'd St traveling west from the intersection at Farewell and came to acomplete stop.

• 25 vehicles, traveling north on 3'd St, failed to stop.

• 31 vehicles, traveling north on 3'd St, came to a complete stop.

• 22 vehicles, traveling east on Van Zandt, failed to stop at the 3'd St intersection. That is78% of the vehicles traveling in this direction that did not stop.

• 5 vehicles, traveling east on Van Zandt, came to a complete stop at the 3'd St intersection.

According to those numbers, just over 75% of those vehicles commit a moving violation at thatcorner, and fail to stop. That means, in just a single half-hour period, the city lost out on $10,965of revenue at just one intersection. Multiply that by 5 morning rush hour half hours, and we'retalking ov=r $54,800 during a single week. Multiply that by 52 working weeks in a year, and we'retalking in the neighborhood of $2,850,900 from just one intersection for a half hour per work day.That amount of potential revenue just boggles the mind, doesn't it?

The videos are both on the disk you've received - you'll see, if you watch, that the plot's lousy, butthe action sequences are plentiful.

These stop signs are not "stop if you feel like it" signs, yet that behavior seems to be allowed andcondoned by the city. Please consider putting a camera at that corner, since the shift change ofthe police officers seems to make it impossible for them to be there in the morning. Orrecommend that the police put a random presence on 3'd St, not Van Zandt, where they can catchviolators in action. Perhaps one of these responses will make a difference in the long term.

Sincerely,

Robin Gardner

97 THIRD ST #2, NEWPORT, RI 02840-1539

Page 97: Counci Docket 08 24

WHEREAS,

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

NO. _

Doris Duke was instrumental in preserving manyhistorical houses in the City of Newport; and

WHEREAS, Doris Duke created the NewportFoundation to protect and care forhouses under their stewardship; and

Restorationthe historic

WHEREAS, the Newport Restoration Foundation, in her honor,and in conj unction with the City of Newport, hascreated The Doris Duke Historic Preservation Awardsto celebrate preservation excellence in Newport andto benefit The Doris Duke Fund for HistoricPreservation and the distribution of communitygrants. NOW THEREFORE BE IT

RESOLVED: that the City of Newport recognizes the recipientsof the Doris Duke Historic Preservation Awards:

John Winslow, recipient of the Lifetime AchievementAward for his long involvement and dedicationJ:~ _preservation in Newport.

Cheryl Auger and Chris Peck, award recipients fortheir restoration of 82 Thames Street, an excellentexample of an exemplary, low-impact, partial do-it­yourself project on a modest yet elegant 1870smulti-family dwelling.

Ashley and Frank O'Keefe, award recipients fortheir remarkable adaptive reuse of the 1890sWrentham Carriage House, designed by Richard MorrisHunt.

The International Tennis Hall of Fame & Museum,award recipient for its tremendous work inpreserving the Casino Theatre at The InternationalTennis Hall of Fame & Museum and restoring it in away compatible with 21st century theater use.

Page 98: Counci Docket 08 24

IN COUNCILREAD AND PASSED

Kathleen M. SilviaCity Clerk

CHARLES Y. DUNCANJUSTIN S. MCLAUGHLINJEANNE-MARIE NAPOLITANONAOMI L. NEVILLEKATHRYNE.LEONARDSTEPHEN C. WALUKHENRY F. WINTHROP

Page 99: Counci Docket 08 24

CITY OF NEWPORTORDINANCE

OF THECOUNCIL

NO. _

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

BE IT ORDAINED by the City of Newport:

SECTION 1. Chapter 3.16.060, Pay Schedule for classified service, is hereby furtheramended as follows for EXECUTIVE, ADMINISTRATIVE AND PROFESSIONAL EMPLOYEES, SUPERVISORYEMPLOYEES - N.E.A., COUNCIL 94 EMPLOYEES, POLICE DIVISION AND FIRE DIVISION.

INTERNATIONAL ASSOCIATION OF FIREFIGHTERSLOCAL 1080

Effective June 30, 2011

CLASS TITLE A B C D E

Fire Fighter 34,119.74LieutenantLieutenant, Fire Alarm/MaintenanceCaptainCaptain, Administrative OfficerCaptain, Fire InspectionCaptain, .Fire PreventiQDCaptain, Superintendent of Fire AlarmFire MarshalDeputy ChiefSenior Deputy Chief

37,756.99 43,086.88 47,441.13 56,341. 8260,911.9966,628.0667,112.8466,628.0667,973.8167,973.8167,973.8181,928.5674,480.5175,870.16

Effective January 1, 2012

CLASS TITLE A B C D E

Fire Fighter 35,058.03LieutenantLieutenant, Fire Alarm/MaintenanceCaptainCaptain, Administrative OfficerCaptain, Fire InspectionCaptain, Fire PreventionCaptain, Superintendent of Fire AlarmFire MarshalDeputy ChiefSenior Deputy Chief

38,795.31 44,271.77 48,745.76 57,891.2262,587.0768,460.3468,958.4568,460.3469,843.0969,843.0969,843.0984,181.6076,528.7278,059.34

SECTION 2. This ordinance shall take effect July 1, 2011, and all ordinances or parts ofordinances inconsistent herewith are hereby repealed.

IN COUNCILREAD AND PASSED

Kathleen M. SilviaCity Clerk

Page 100: Counci Docket 08 24

CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO. _

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

BE IT ORDAINED by the City of Newport:

SECTION 1. Chapter 10.08 of the Codified Ordinances of the City ofNewport, Revision of 1994, as amended, entitled, "GeneralProvisions," is hereby further amended as follows:

Section 10.08.180. Speed Restrictions

ADD: "4. Twenty (20) miles per hour on Thames Street, fromPoplar Street to Marlborough Street."

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

IN COUNCIL

READ AND PASSED

Kathleen M. SilviaCity Clerk

Page 101: Counci Docket 08 24

Communication # 4885/11Docket Date: August 10, 2011

City ofNewport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:

Staff Presentation:Applicant Presentation:

RECOMMENDATION:

Mayor Stephen C. Waluk & Members of the City CouncilEdward F. LavalIee, City Manager c;:TcJ//}{fJuly 5, 2011 •National Grid Petition - 365 Thames Street - New Pole for ServiceTo Newport Harhor Center Transient Boating Facility

The Council's consideration of the attached petition is requested. Staff has reviewed and reconnnends approval of thepetition.

BACKGROUND AND FINDINGS:

Attached is a petition from National Grid for installation of a new pole to provide service for the City's TransientBoating Facility at the Newport Harbor Center. Copies of the 'petition were forwarded to staff for review. Thecommunications from the Public Services, Utilities and Planning Departments are enclosed. The Police and FireDepartments have also advised that they do not have any concerns with the application.

PREVIOUS LEGISLATIVE ACTIONN/A

FISCAL IMPACT_ Currently Budgeted (Account ) _ Requires additional appropriation .1L No Fiscal Impact

SUPPORTING DOCUMENTSPetitions from National GridColtlmunication from Planning, DepartmentCommunication from Public Services DepartmentCommunication from Utilities Department

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

cc: Marisa Albanese, National Grid

Page 102: Counci Docket 08 24

Communication # 4899/11Docket Date: August 24, 2011

City ofNewport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:Staff Presentation:

Mayor Stephen C. Waluk & Memb~.s !JI'e-City CouncilEdward F. Lavallee, City Manage< .Augnst 3, 2011 .Award of Bid #12-011- Guardrail ImprovementsWilliam R. Riccio, Jr" PE, Director of Public Services

RECOMMENDATION:The Rhode Island Department ofTransportation (RIDOT) requested sealed bids for Statewide Guardrail Replacementand Repair, and entered into Contract No, 2011-CM-013 with COSCO, Inc. (COSCO) ofWoonsocket, RI.

We recommend an award based on the unit prices to COSCO for guardrail replacement and repairs in the City ofNewport under the provisions of the RIDOT contract. The total amount of the contract with COSCO is $62,960.00,inclusive of$4,000 for police details.

BACKGROUND AND FINDINGS:It was determined by the Purchasing Agent that a state-wide bid procedure helps secure the best pricing due to volume.Collaborative bid efforts have been successful in the past. Action approved under RIGL (s) §45-40.1 through §45-40.8Inter-local Contracting and Joint Enterprise.

The Department of Public Service recently inspected a majority of the City's guardrails. It was determined that manyare beyond their service life and need to be replaced. The locations are identified below.

• Washington Street, intersection of Sycamore Street• Pine Street Driftway• Cherry Street Driftway• Shepard Avenue• Ocean Avenue

o Brenton Point entrance to Winans Avenueo Along the curve across from Brenton Point parking loto East of Harrison Avenue

The RIDOT contract with COSCO includes removing and stockpiling the existing guardrail and furnishing and installingthe following; single face guardrail, end wings, and steel backed timber guardrail and the Contractor will perform thework under City inspection, up to the contract limit of $58,960.00. We estimate that City police details for this projectwill cost approximately $4,000, for a total project cost of$62,960.00.

PREVIOUS LEGISLATIVE ACTION2006-129 Approval to participate in joint enterprise with US Communities Alliance2006-146 Approval to participate in joint enterprise with Plymouth County (MA) Co-operative

FISCAL IMPACT-lL Currently Budgeted (Account 11-400-1450-50225) _ Requires additional appropriation _ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionListing of Guardrail LocationsRIDOT Award Documentation

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

Page 103: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No .

WHEREAS: The Department of Public Servicesfor construction services on a regularmaintain the City infrastructure; and

contractsbasis to

WHEREAS: City personnel spend considerable time in theprocess of obtaining the lowest possible price forsuch services; and

WHEREAS: the Rhode Island Department of Transportation(RIDOT) has contracted with vendors throughcompetitive bid to obtain construction services at thelowest possible price; and

WHEREAS: Action of this type are approved under RIGLInterlocal Contracting and Joint Enterprise §45-40.1through §45-40.8

NOW THEREFORE BE IT RESOLVED: that the RIDOT ContractNo. 2011-CM-013 with COSCO, Inc. (COSCO) ofWoonsocket, RI is hereby authorized as a directpurchasing source for Unit Price Purchase Orders in anamount not to exceed $58,960.00 and the Mayor isauthorized to sign said contract on behalf of thecity, subj ect to favorable review by the CitySolicitor and the total project cost, including$4,000.00 for Police Details, in the amount of$62,960.00 is hereby approved.

IN COUNCILREAD AND PASSED

Kathleen M. SilviaCity Clerk

Page 104: Counci Docket 08 24

Bid #12-011- Guardrail Improvements

Estimate

Steel

backed SingleRemove timber Face EndExisiting Unit Price guardrail Unit Price Guardrail Unit Price Wings Unit Price Total

At theWashington intersection of

Street Sycamore Street 28 $2.50 80 $65.00 - $20.00 - $50.00 $5,270.00Pine StreetDriftway At Dead End 14 $2.50 30 $65.00 - $20.00 - $50.00 $1,985.00Cherry StreetDriftway At Dead End 14 $2.50 40 $65.00 - $20.00 - $50.00 $2,635.00

From BrentonPoint entrance to

Ocean Avenue Winans Avenue 110 $2.50 360 $65.00 - $20.00 - $50.00 $23,675.00Along the curve

across fromBrenton Point

Ocean Avenue parking lot 205 $2.50 210 $65.00 - $20.00 - $50.00 $14,162.50East of Harrison

Ocean Avenue Avenue 26 $2.50 - $65.00 150 $20.00 2 $50.00 $3,165.00ShepardAvenue At Dead End 43 $2.50 40 $65.00 - $20.00 - $50.00 $2,707.50

$53,600.0010% contingency $5,360.00

$58,960.00

Page 105: Counci Docket 08 24

CONTRACT AGREEMENT

This contract agreement, execu ed in the City and County of Providence, in the State of RhodeIsland, this ;A3!\.d< day of MfJ.- , 20~, between the State of Rhode Island andProvidence Plantations, by the Division of Purchases, hereinafter called the State, andCOSCO, Inc. of 707 Park East Drive, Woonsocket, RI 02995 hereinafter called the Contractor.

WITNESSETH:That for and in consideration of payments, hereinafter mentioned, to be made by the State,the Contractor agrees to furnish all equipment! machinerYt tools and labor; to furnis~.and

deliver all materials required to. be furnished and delivered in and about the improvement aridto do and perform all work in the performance of RI Contract No. 2011-CM-013, FAP No. STPG­9999(073), fo~ 2011 Statewide Guardrail Replacement and Rapai~ in strict conformity with theprovisis::ms of this contract agreement, the notice to contractors, t.he proposal, thespecifications and the plans approved by the Engineer, as defined in the specifications. Thesaid notice to contractors, proposal, specifications and plans are hereby made a part of thiscontract agreement as fully and to the same effect as if the same had been set forth atlength in the body hereof.

As security for the full and faithful performance of this contract and all the incidentsthereto( the Contractor ha~ made and furnished a contract bond with The Hanover InsuranceCompany ( 440 Lincoln Streett Worcester ( MA 01653 as Surety, which is accepted by the stateand made a par.t of this contract.

In consideration of the foregoing premises( the State agrees to pay the Contractor such unitprices for the work actually done as are set out in the accompanying proposal( in the mannerprovided in the said specifications.

20lL-.

~Dar~~es to these presents have hereunto set their names thisIN WITNE·SS WHEREOF,

The Contractor shall be prepared to begin the work to be performed under this contract as setforth in the proposal within ten days after execution.of this contract agreement. The workshall be prosecuted from as many different points( in such part or parts and at such times asmay pe directed by the Engineer( and shall be conducted in such a manner and with suchmaterials( equipment and labor as ar~ considered necessary by the Engineer .to insure itscompletion within he '·me set forth in the proposal. Should the prosecution of the work forany reason be dis anti u.ed by the Contractor, with the consent of the Bngineer, theContractor shall he Engineer at least twenty-four (24) hours before again resumingoperations.. a;Approved: -[millCTl5ri~~~~~'tC~:Mi'fi3N-----'~"""='PORTATION

IN THE PRESENCE OF:STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ADMINISTRATIONDIVISION OF PURCHASES

By:

By:

COSCO, INC.CONTRACTOR

NAME & TITLE

.,....---STATE PURCHASING AGENT

Page 106: Counci Docket 08 24

8~'

=~ fILE COpyProposal Items

Project Name - Statewide Guardrail Replacement and Repair 2011R.1. Contract No: ·2011·CM·013

FAP Nos: STPG-9999(073)

051l 0120 11 2:11 pm

H?!~~~f~~~®t~~~~~r.~~:~~~~:!~~~~?i~:~!:~~~~}~~Ej~~~~~·~~~~~:~}£~~:~!.~:::::~::::~~:~:~:i~~~~~:~~l~~~~::::::::~~:~~;~~::::::::::No. Item Code Quantity Description Unit SO.OO (1' x Q) SO.OO

_~n._~~~ ··_V ~ '__001 202.0700 300.00 COMMON BORROW

AT Ten Dollars And No Cents

._, .- .. --. ".- ,'" -- -.. ,._ _-~.-- - -.' -,- -- '".-..- " '" ," _._" ,,"Cy

002 830.0110 50.00 ALUMINUM BRIDGE RAlL 1 BAR ORNAlvlENTAL

AT Seventy Dollars And No Cents

......... _.._ .. _ LF $70.00 •. _ $3.}?09~~~._-----003 830.0111 5000 ALUMINUM BRJDGE RAIL 1 BAR STRUCTURAL

AT Seventy Dollars And No Cents

LF.• _ , __ ·.'u.. _,._~'••••·_~ ._ ~ •• _ .• ~ ..•• _ •• '_r.""_ ·, __••••• _r ••~• ••••_

004 830.0210 50.00 STEEL BRIDGE RAlL I BAR STRUCTURAL

AT Seventy Dollars And No Cents

LF. __ . _ ·.c _··.,··· '..•.•_•._..•~ ••_ '._ ..' . ~.._. ,,_ , .•.••••..••. '" . $70.00 $3.500.00. _ _-_ .

005 830.0220 50.00 STEEL BRIDGE RAlL 2 BAR CRASH TESTED

AT One Hundred Dollars And No Cents

006 830.0230

AT

Item Deleted

_ _.-_ ''' .._. ' ~ "-' -. .. -.•..•..

LF . $5.,000:00

007 830.0240 50.00 STEEL BRIDGE RAIL 4 BAR COlviBINATION --_._._-._.~-----

AT One Hundred Twenty Five Dollars And No Cents

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

Addendum- 2P·2

LF $125.00 $6.250.00

Revision ~ 1

Page 107: Counci Docket 08 24

S FfLECOPY Proposal ItemsProject Name" Statewide Guardrail Replacement and Repair 2011

R.I. Contract No. ·2011"CM"013FAP Nos: STPO"9999(073)

0511 0120 11 2: II pm

No. Item Code008'" 830:0250 .

AT One Hundred Twenty Five Dollars And No Cents

$125.00LF ___ ~(i,2.5.-0:~-~--c-o------._-----------

Item Deleted- 009 830.0300

AT

.' " " ".~ .. " _.. , , ....•010 -830.9901 50.00 BRlDGE PEDESTRIAN RAIL

' " -- .. - _ .

AT One Hundred Dollars And No Cents

... -.-' .._.. " ..•... LF $100.00

AT Three DoUars And No Cents

........ , LF $3.00.~~t~?Q'.90

0"1'2---;9"0"1".0·1O;;-;Ic----13,OO~O~.O~O~G~UC'CARD·=~RA~ILo-STEEL BEAM SINGLE FACE EARTH AND ASPHALT

AT Twenty Dollars And No Cents

LF _$2.0.:00 $260,000.:00

1;"600.00 GUARDRAlL STEEL BEAM SINGLE FACE WITH RUBRAIL EARTH ANDASPHALT

AT Twenty Four Dollars And No Cents

LF $24.00~2~tO~:0o.

GUARDRAlL STEEL BEAM DOUBLE FACE WITH RUBRAlL EARnl ANDASPHALT

AT Twenty Six Dollars And No Cents

IF $26.00 $13,000:00

Addendum ~ 2 Revision - 1

Page 108: Counci Docket 08 24

8 FILECOPY'Proposal Items

Project Name ~ Statewide Guardrail Replacement and Repair 20 I 1R.L Conlract No. - 20Il-CM-013

FAP Nos: STPG-9999(073)

05/10/2011 2:11 pm

Item Code901.0151

No.015

B:O!<f.h~:W(r:~~:¢:no:r:~~c~:iie:ni:i~~:;i:be::;v;jte:~j;i:;v~i·~ s:~;,~)iii~:e~:.:::::::::::::::::::::::::::::::::::::::: :::::::::::::::::Unit Bid Price Amount

Quantity Description Unit SO.OO (P X Q) SO.OO75.00 TERMINAL END SECTION SINGLE FACE STAi'IDARD'34.J.2-----·--·-

AT Fifty Dollars And No Cents

. ," ".~"'"

016 901.0160

.., .. ...... EACH ...$50.00 .. S?,75~:0?

500.00 REFLECTORIZED TRlANOUi-AR DELINEATORS-STANDARD 34.2.5 -_.....__.

AT Three Dollars And No Cents

.. . .. EACH .. .$3.?0,~.1,5??:??

STEEL BEAM GUARDRAIL SECTION (12.5 FT. BY 12.0 lNCl-iES)017 901.0165

-'" , ..-~-, .........,=-

AT Two Hundred Forty Dollars And No Cents

018 901.0166

EACH

40.00 STEEL BEANI RUB RAIL 6 X 12 SECTION

$240.00

AT Fifty Dollars Aud No Cents

019 901.0183

EACH $50.00 ..~2!000:~0

8.00 STEEL·B"'EAM=."B"R"I"'D"'G"'EC';C"O"NN"l"'E=CTION APPROACH END (WIO NESTEDRAIL)

AT Six Hundred Dollars And No Cenls

020 901.0184

EACH $600.00 $4,800:00

"'---8.00 STEEL BEAlYI BRIDGECO"NN""'E"'C"'TI"O""N' TRAIr~INGEND (WI NESTED RAILT-

AT Eight Hundred Dollars And No Cenls

EACH $800,00

-- 021 -.901.0~---"- 5.00 GUARDRAIL STEEL BEA.1I1 ANCHORAGE TRAlLINGEND"SECTIONSTANDARD 34.3.4

AT Five Hundred Dollars And No Cents

EACH $500.00 $2,500.00

Addendum· 2 Revision - 1P-4

Page 109: Counci Docket 08 24

fILE conV' Proposal Items, rrtject Name - Statewide Guardrail Replacement and Repair 2011

R.!. Conlract No. ' 2011 ,CM,O 13FAP Nos: STPG,9999(073)

05/1012011 2:11 pm

i{,;i~: ..fli~•ljj\ijt.p'~g~:f,;:;.~~-,;~ :1iei~•;n~;;i .b~:0;;i~n:)ii.;V~id.s:~~:dhi~:ei: ::. :.::••::::::••::::.:::::::::::::::::::::::..:.::.........•..Unit Bid Price AIDo;,,;!···......

No. Item Code Quantity Description Unit $0.00 (P x Q) $0.00,·022-..901.0901-......---- 450:00'REMOVE AND RESET GUARDRAIL ALL TYPES

AT Four Dollars And No Cents

., LF $4.00 .. ~},.8E.9.99

. 023-90L990C-~_··lS.00 "Fu:RNISH '& INSTALL MATERIAL FOR REPLACEMENT PACKAGESTAGE I OF CRASHCUSroON ATTENUATNGTERMINAL

AT One Thousand Four Hundred Eighty Dollars And NO Cents

...... "'_".' .. . ,.,.. EACH .._ ~1..!4.~9~0.0 '." .. , ..' ~~3!29.~.~9.0}4 "90i:9902-"'--~"" S.OO FURNISH &"i'NSTAJ.:i:MATERiAL FOR REPLACEMENT PACKAGE

STAGE II OF CRASH CUSHION ATTENUATNGTERMINAL

AT One Thousand One :t:Iundred Dollars And No Cents

. .......•. , ..,...... " '" .......' .. , .. EACH ~!,1~~~9? ,~?!?~Q~~O'··-jj·25·901~903---·........ ·"i'.oo FURNISH 8, iNSTALL MATERIAL FOR REPLACEMENT PACKAGE

STAGE III OF CRASH CUSHION ATTENUATNG TERMINAL

AT Four Hundred Eight)' Donal'S And No Cenls

EACH $480,00 $960.00

....ijZ6·'901:990,j'··....·.._·-i:Oo FURNISH & INSTALL (COMPLETE) CRASH CUSHION ATTENUATINGTERMINAL

AT Three Thonsand Eight Hundred Seventy Donal'S And No Cents

EACH $3.!87o.:00 $7!74~.Oo.

... o2T..·90i~9·905- .... --..........·2560·GDARDRAIL BRiDGE PARAPET OFfSET BRACKET (ALL TYPES)

AT four Doliars Aod No Cents

EACH $4.00 $100.00

AT Two Hundred Thirty Dollars And No Cents

Addendum· 2P '.5

EACH $230.00

Revision - 1

Page 110: Counci Docket 08 24

S fflECOt)yProposal Items

Project Name - Statewide Guardrail Rep(aceme[lt and Repair 20 IIR.l. Contract No. - 2011-CM-013

FAP Nos: STPG-9999(073)

05/1012011 2: 11 pm

No. Item Code029 901.9908

B:?~~::f~~:Witp.&~~:r~r:e~~~:jt~Di:;;;U~(:b~:0;i~~:G;:;v;i~;!; :u.~~fi.~;,;;es..::::::::::::::::::::::::::::::::::::::.:: :::.::::::::::::_::::Unit Bid Price Amount

Quantily Description Unit SO.OO (P x Q) SO.OO500.00 -STEEL THIUE BEAl,! GUARDRAIL DOUBLE FAC-E RI STD 34.5.4

AT Forty NIne Dollnrs And No Cents

030 901.9909

LF $49.00'~"H 'N_ ._ , ~.••~ ••••••• ,,~ •• No •••••••••.• " •••• _""'_'~"""" ••• _•••••••••~._

7_00 STEEL THRIE BEAM TRA1'lSITIONAL SECTION

AT Ninety Plve Doll.rs And No Cents

EACH S95.00 S665.00_". "'~"~'"_."_'_'" ._•••••• _ ••• N .._~ ••~."_ ••••• N ,.,._ ,,", _ ' '"N •............_" -..•. ,.'," .•......... " "..._...• ,

031 901.9912 25.00 GUARDRAIL PEDESTAL l'OST (ALL TYPES)

AT One Hundred Eight)' Five Dollars And No Cents

5.00 STEEL BEAM TERiV1INAL CONNECTOR MICHIGAN SHOE032 901.99 J7

EACH $185.00-_._ ~,'.~_ ..

AT Eighty Five Dollars And No Cents

EACH $85.00 $425.00

033 901.9918 20.00 CLASS A CONCRETE RI STD 34.3.1 CAST IN PLACE

AT One Hnndred Sixty Five Dollars And No Cents

034 901.9919 30.00 BUFFER END Ri STD 34.3.1

EACH $165.00

AT Two Hundred Dollars And No Cents

$200.00EACH ... $?,009,00-~--_._-_ .._._---------------_. ---- --_ .._-.............. '.

035 901.9920

AT

__~_~__. • • •• •__ • __._. _, _ ••• ._•.••..__._._•. _ •• _ .. _ •••• _ ••.••_._ _ ••• .•_.__.l..._ .•••_

Addendum - 2 Revision· 1P-6

Page 111: Counci Docket 08 24

B Proposal Items...,."'~~ FILE COPYroject Name ~ Statewide Guardrail Replacement and Repair 2011

,.-J R.I. Contract No. ·20 ))·CM·OJ3FAP Nos: STPG·9999(073)

05/10/2011 2: 11 pm

UnitQuantity Description"'-'--'---I-tem Deleted

No. Item Code0"'3'""6---:9"'071.9921

8~.i(i:. fh~WiT.:f.ii-Kf.:~o;:~~?~:!ii.lli:;n.u~i:b~ :.:"ji~n: j;i:~~~~s:~:,:§Ji."i.i;r.~s.·:::::::::::: ::::::::.:::::.::::::::::::::::::::::::::::::::::::::Unit Bid Price Amount$0,00 (l' x Q) $0,00

AT

. ,. - '·'·.n._ ••.... . " ' .._._. __ ,_ '.

037 901.9922 4,00 CONCRETE ANCHOR FOR ill STD 34.3.4 WITH ANCHOR ROD CAST INPLACE

AT One Doll.r And No Cents

EACH $1.00 $4.00....... _•..•·~,4"'''''_'''''''' ••• '..... ' ......

~~"=,~"""==-;;-;;=====-==~=--.-038 '·-90f.9923 ------4-6,00 STEEL BEAM GUARDRAIL 12'X13" WI PREPUNCflED OR DRllLEDHOLE R1 STD 34.3.1

AT One Hundred Dollars And No Cents

..• ,......... ... "" "''' __ ' .. ..... ..",, __ , __ . EACH .. ~!!J~~0o..,_.~,~:~~~~-'039' 901.9925 1,000.00 GUARDRAIL POST FURNISH & INSTALL (ALL RI STANDARD TYPES

EXCEPT R1 STD 34.1.2)

AT Fifty One DoUars And No Cents

040 901.9926

.." , ,. EACH'~.?l.:y'o. ..~?l.,~o.o.~o.o.

350.00 COl\1POSITE GUARDRAIL BLOCK FURNISH & INSTALL (ALL TYPESAND SIZES)

AT Eight Dollars And No Cents

EACH $8,00

'''o41''90T9929~'''-'--'''25:00 STEEL BEAi\'! GUARDRAIL l2'X13" RADIUS SECTION

AT One Hundred Dollars And No Cents

EACH

--'042'901.9930'-"-----'40.00 BOLTSiNCONCRETE (ALL TYPES)

$100.00.-'" -

AT Fort)' Dollars And No Cellts

EACH $40,00

Addenduill . 2 Revision - 1

Page 112: Counci Docket 08 24

OS/10/2011 2:l1 pm

Project Narne ~ Statewide Guardrail Replacement and Repair 2011R,T. Contract No, - 2011·CM·0 13

FAI! Nos: STPG-9999(073)

f.(~~~~~f~~~QRit.~~@~~J!~~~~~~~:~!~~~:~(li~~i~~~~~~~~~~~~?~~~~~~~fli.~I!~~!·~~~::~:~~:~~:~~I:l~I~;~~~~~~~~~:~~~::::=:~:~~~:::~::::::

No. Item Code' Quantity Description Unit $0.00 (P x Q) $0.00043 901.993 t 30.00 GUARDRAIL END TREAThlENT ENE1ZGY ABSORBING _...~ ..._-._-_._.

AT Two Thousand Dollars And No Cents

.___ ...,"", ....... , ' , ,'.... EACH, .go~o,oo ,S.~9,.~~0.00

044 901.9932--- 30.00 GUARDRAIL ENDTREATMENTNON·ENERGY ABSORBlNd-·----.·.,,'

AT Two Thousand One Hundred Dollars And No Cents

""',. ,.,....... _ _._.....' .. ,." EACH , ..$2.,.I.D.o.:o.g$?3}g09.,OO

045 901.9933 50.00 STAGE I NON·ENERGY ABSORBING END TREATMENT REPLACEMENT'-'PACKAGE

AT One Thousand Two Hundred Dollars AndNo Cents

_ ....,..._...._."............, ••.__' .m " EACH $1,~O.0:9.2 ,. _" ',.' .,..,~~9.,O'O'0:'O,O'

-04'6-' 901,9934 25.00 STAGE II NON-ENERGY ABSORBING E.ND TREATMENT REPLACEMENTPACKAGE

AT Seven Hundred Thirty Five Dollars And No Cents

047 901.9935

..... ', EACH .~735,o.O .~I8,3!S.·20

12.00 STAGE III NON·ENERGY ABSORBING END TREATMENT REPLACEMENTPACKAGE

AT Three Hundred Seventy Dollars And No Cents

048 901.9936

EACH $370.00 $4,~40:00

50.00 GUARDRAIL POST HOLE; H..\ND DUG (ALL TYPES AND LENGTHS)

AT Thirty Dollars And No Cents

...... .." '._~. - '.EACH $30.00

049 901.9937 300,00 REi'I'lOy'i<; AND RESET CAJ3LE ASSEMBLY (ALL·TYPEST----·-'--

AT Fifteen Doll.rs And No Cents

EACH $15.00........... . $4~500.00

Addendum - 2 Revision - 1P·8

Page 113: Counci Docket 08 24

B FilE COpy Proposal ItemsProject Name· Statewide Guardrail Replacement and Repair 20 II

. R.I. Contract No.. 20 II·CM-O 13FAP Nos: STPG-9999(073)

05110/2011 2:11 pm

UnltQuantity Descl'iptionItem Deieted-'

N.'~te::IKe:Q0.t:~i~:c.E.:t~r:e~c~:i!~~:~~~~i:~~:~0t~n:E~?~~~:~n:dl!ii~!:~~.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::Unlt BId Price Amount$0.00 (P x Q) $0.00Ne. Hem Code

- 050'" 901.9939

AT

_. - " .. " . -~- - - -- .. - .' , .. -.'-"~- . ", - ,..,.. . ..051 '--;;9"'0"1.9"'9;-;4"3~ -:;3"'00".;vOO"'R""UfflS"'T"'lcocS·TEE'7L-;B'"'E=CAM:7'~G"U;-;ARD=;-;;Rc;AIL"'----------------

AT Sixteen Dollars And No Cents

.., " -.052 901.9944

LF...,...... •••.•••• '_ .•••_. " ..... •• • .. M· ...... •••

·l0.O0· RUSTIC TERMINAL END SECTION

AT Fifty Dollars And No Cenls

..., " . -, " ~.".,"..~ , . ~ ' , ,-, . EACH $50.00. ....~•.__ •._w ".•,••~ •• $500.00

AT One Hundred Eighty Dollars And No Cenls

EACH $180.00

054 90 I.9946 500.00 REMOVE AND RESET BOX BEAM

AT Four Dollars And Twenty Five Cents

LF $4,25

055 901 ,994i·......·..·_......"..SOO..GtJAR:i5RAU:BOX..BEAM SECTION Ftfu.:l'iisH & INSTALL

AT One Thousand Five Hundred Twenty Five Dollars And No Cents

EACH ,,~],525,0?

'''''056'' -'90'1:9948 '-" ..···---s-:-oii' GUARi5RAJL B6X~BEAM SPLICE COUPLING~'~'

AT Thirty Nine Dollars And No Cents

EACH $39,00 $195,00.. """,,,"'.. ,,.. ''', __..", .._,,- "" "."".- ""."'''_"""", ,--,,---,_._ - _-_." _-- .,,-. -'-'--'-~"-"--

Addendum R 2 Revision - 1P·9

Page 114: Counci Docket 08 24

E? filE eOpyProp~l Items

Project Name· Statewide Guardrail Replacement Clnd Repair 20 IIR,I. Contract No, • 2011·CM·OD

FAP Nos: STPG-9999(073)

05/10/2011 2:11 pm

Item Code901.9949

No.057

N.'ot~;:fh~:®jt:~!\l:C:~Fo:~:e~ch.ii~';':i~;lii:li~:~t~~:0:~~;~~:~l:,~)ii.i;ie~::::::::::::::::::::::::::::::::::::::::::::.:::::::::::::::Unit Bid Price Amount

Quantity Description Unit $0.00 (P X Q) SO.OO2.00 GUARDRAIL BOX-~BEA1vl TURl"l DOWN END TREATMENT --.._._--

AT Four Hundred Fifty Dollars And No Cents

$900.00$450.00EACH" ,,- .

100.00 S''''rE'''E'''L'B'''EOO;-l'''\1,,'I"'''F'''O'''R-;:OOUBLE,-cNE=S'''TE'''DOO;-aUARDRAIL-''.....,''--...----''........--.... ' .,.

058 901.9951

AT Ten Dollars And No Cents

901.9952059

..... _' ..,.... ..... " .., .. ,'.. .."..... ,.,. '''... ' LF ..., ... $19:9.9 .....$I,gog,og200.00 STEEL THRIE BEAlYI STRAIGHT GUARDRAIL METALIZED AND PAINTED

AT Fifty Dollars And No Cents

060 901.9953

AT Fifty Dollars And No Cents

061 901.9954

LF $59,00 $1O~Q09.,go

4.00 STEEL TI·IRIE BEAlvl TRAj'lSlTIONAL SECTION METALIZED ANDPAINTED

AT Five Hundred Dollars And No Cents

,- 062 ·'9"'0"1.9""9"'57,-"..·_......

EACH $500.00 $2.,°9°.00

150.00 GUARDRAIL STEEL BEMI SINGLEFACE'EARTti"ivID '/\SPHALT .__.-_....­METALIZED AND PAINTED

AT Fifty Dollars And No Cents

LF $50.00 $7,500.00... ... .. .~.... -...... ..... .. . ..... -" .063 901.9958 ·-"--..--5,00 TERMINAL END SECTION SINGLE FACE METALIZED AND PAINTED

ATOne Hundred Dollars And No Cents

EACH $100,00 $500,00

P , 10

Page 115: Counci Docket 08 24

E:J FILE COpy Proposal ItemsProject Name ~ Statewide Guardrail Replacement and Repair 2011

R.I. Contract No. - 2011-CM-013FAP Nos: STPG-9999(073)

05110/2011 2:11 pm

N.:o;~::fh~ :@it~~Xc.QO:i:~~ch:!~~:m.:!n.u~i~~ :;,;7];~ii iii:i~o.i!is: ~:iid)ii.i'i~~·:: :::::::::: :::::: :::::::::::::::::::::::::::::::::::::::::::::Unit Bid Price Amount

No. Item·Code Quantity Description Unit $0.00 (P X Q) $0.00'-064-'90L9959-'--- 200.00 RAIL FOR STAGE I NON·ENERGY ABSORBING END TREATMENT

AT One Hundred Thirty Dollars And No Cents

..... ' .... -... -..065 901.9960

_ .... ...._ .. . EACH ..... $..1~~:~_~ .•... _.$.~?!~~Q,()O

75.00 Rill, FOR STAGE II NON-ENERGY ABSORBING END TREATMENT

AT Ninety Dollars And No Ceuts

. ._.___ .• , __ .. _. EACH _ __.~.9.~:Q.fl '. __ !?!7.~~;l!.()

UPPER POST FOR NON,ENERGY ABSORBING END TREATMENT300.00,..... . ,- - .- .

--",;-;;-;;-:--;;==~==~=~==-=;'70===~=c-==-c:==__--

AT Fifty Dollars And No Cents

067 901.9962

... " _.' _, __....... _ ....... EACH .....$?,!:O(j .~15~.0.<!:~0

150.00 LOWER POST FOR NON·ENERGY ABSORBING END TREATMENT

AT Fifty Dollars And No Cents

068 901.9963- -. ,-

Item Deleted

EACH $50.00...... - .., .. -". . . , .----------'--

AT

50,000.00' EMERGENCY RESPONSE, TRAFFIC CONTROL GENERAL CLEANUP

AT One Dollar And No Cents

EACH $1.00. .--..-.'.

'--C)70''90J .9965-·-·-----8.00 STEEL THRIE BEAM G~U..ARD=:-;;RAc-;-;;ILe-B"'IU=D"'G'"'E CONNECTION

ATOne Thousand Dollars And No Cents

EACH $1,000.00._ __ ~._ __._._._.- _------...,._ _-"-- .-------_._--_.._.------,_ _---,._.._---------~---...•._-_ _-------~.,-

Addendum - 2 Revision - 1P . II

Page 116: Counci Docket 08 24

E~t3 FilE COpyp'to=posal Items

Project Name ~ Statewide Guardrail Replacement and Repair 20 11RJ, Contrac, No, - 2011-CM-013

FAP Nos: STPG-9999(073)

05/1012011 2:11 pm

E?~~~~t~~:@tt?~~~:f~~~:~~~~:~~~:~:~~~~~~~~~~~J.i:~:~~~ '~~:~:~~]i~t!:~i,::: :::::::::::::::::~::::_::::::::::::::::::::::::::::::_":::::::::Unit Bid Price Amollnt

No. nem Code Quantity Description Unit $0.00 (P x Q) $0.00~070:01-""'900:02~.0:C-I0""'0c---~1O"'O~.O:OcO--'S=T"'E""E';-L-=B-cA-=C"'K-=E·DTIlvlBER GUAR.DRArL-STANDARD 34.4.0

AT Sixty Five Dollars And No Cents

.'._. ..•". LF $65.00 ~6.~.S.9.0:~.0-~07"'2;-"'9~02'.9;v9"'4';;'3-------;2v;0.00 REMOVE A.,;ij) RESET GUARDRAILTEJU.,IINAL END SECTION SINGLE .._­

FACE RI STD 34.3.2

AtOne Dollar And No Cents

...., ••••¥ ,. .. , ".~~ .." ." ••••"'M'" .•...n'•• ~,••".· " •••...•.. " M_.··_._..•..· ~ .• '" " "..•... " _ _.....•.._..~.. EACH $1.00 $20.00

073 902.9944

. AT One Dollar And No Cenls

5.00 REMOVE AND RESET STEEL BEAlvl GUARDRAIL TERMINAL ENiJ---­DOUBLE FACE

EACH S1.00 $5.00w.~ ' _ .. _._ ,. • _.~ •.w ._"" ~ __ ._••~••• _.~ _••~_y_ ".~~. , ". .~,...... .. •••~._ •.~ _ '" ''''

-'OC07"'4,---co9~02~.9"'9""4~5------=5"';;.0c;;0"CRE="';-;I""O:;;V"'E"'AN=D=RE'..,"'SC';;EooT"'n"'UF='F"'E"'R""EO'C'N=DcoS"'E"'C"'TCO:IO"'N~A";'N"'Il;-S;;-;P;-;E"'_C;-;!AL"""E"'N""D""""­SHOE R1 STD 34.3.1

AT One Dollar And No Cents

075 902.9946

AT

nem Deleted

....... _..... EACH $1.00 . ,.-~.. - -.. $5.00

076 902.9947 500.00 REALIGNMENT OF'GUARDRAIL POST (ALL TYPES AND LENGTHS)

AT Eight Dollars And No Cents

....... ' ._~ .. ~_.. EACH $8.00

077

AT

902.9948.";';"';c-;-,-.--.-..,,---...--.....- ..- ....--...,,----------

Item Deleted

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

Addendum" 2p. 12

Revision - I

Page 117: Counci Docket 08 24

~ FRECOPY Proposal ItemsProject Name - Statewide Guardrail Replacement and Repair 2011

11..1. Conlract No. - 2011-CM·013FAP Nos: STPG-9999(073)

05/10/2011 2:11 pm

B:O!~~: :f~e:Q~[t:?~X~~ l~i:e~c~:ii;;tii: ,~iu~iti~:w.;i ~;;ti: ;;;:;~~;.~;: ~~~h;';:;'~:::: ::::::::::::::::::::::::::::::,::::::::::::::.:::::::::::::::Unit Bid Price Amount

No. Item Code Quantity Description Unit $0.00 (P x Q) $0.1l0-o'fli"··9"02.9950-··"'''''---30.00 STAGE I FOR ENERGY ABSORBING END TREATMENT

AT One Thousand Five Hundred Dollars And No Cents

-. . EACH ... .$1~?~~..~~ .,'.. ,.....~~?!~O_I!:~~

15.00 STAGE II FOR ENERGY ABSORBING END TREATMENT

AT Three Hundred Thi'rty Four Dollars And No Cents

..'....O·ilO 902.9952 ·-....--'40:60 GUARDRAIL"BOX.BEAM POST FURNISH & INSTALL

AT Eighly Five Dollars Md No Cenls

"', .. ".. __"........ '. ....... ." .. _ .. EACH _..... _.. ~~~~O ....__..._~~,~~~,?O... 081" 902.-9953-----.. 12.00 GUARDRAJL BOX·BEAM PEDESTAl. POST FURNISH & INSTALL

AT One Hundred Sixty Five Dollars And No Cents

EACH $165.00

AT Ten Dollars And No Cents

EACH $10.00 $150.00

AT Fift)' Dollars And No Cents

.., _ .•-==~==;--"""""==='=

" ,., .'" EACH$50:~0 ,. , ..~!,?Oo.,O,O

"'68'4"' "902-'--9956 '-"--" '-'fO~(fO CABLE RltLEASif'pOSTTER1\1INAL, POST'l TURU 3, LOWER POST W/CO;,,/CRETE FOOTING CAST IN PLACE

AT Twc-nty Five Dollars And No Cents

Addcnd:Jlll - 2I' . 13

EACH $500.00

Revision ~ 1

Page 118: Counci Docket 08 24

Proposal ItemsProject Name· Statewide Guardrail Replacement and Repair 2011

R.I. COlltract No.. 2011·CM-0 13FAP Nos: STPG·9999(073)

OS/\0J2011 2:11 pm

Item Code902.9957

No.085

!i?~~~)~l~~~~~~~~~ :~?~~~~~~~t~~:~~ ~~~t~~:~~~~i~~~~~~~:~~~~'~'~': ~~1~4Ai~I!.~:s.~:~ -, .. :: ::::~~:i:~:~~~:~~~~~'::::~:: ~~~:~~~~~:::::: ::::Quantity Description Unit $0.00 (P x Q) $0.00

50.00 TER;VfINAl. POST (4·;fiTi~U9)AJ.'iD REATTA'-CH CAnIJr---····· .-...-----.~

AT Fifty Dollars And No Cenls

086 902.9958

..... ' ".... EACH $50.00~2!?00.~0

5.00 CONCRETE FOOTING FOR TERylfNALPOS'f'(4l'iiih; 9')'CAST lJ'l".. · ....­PLACE

AT Twenty Five Dollars Aod No Cents

$125.00$15.00EACH

902.9960087.~ , .- "-'~"'-""" ,"._.- " -. .. . ' '" -•......._ _", ,- -',

-=-

AT Two Hundred Seventy Five Dollars And No Cents

..__. .._ .• _...... _ ... ,........... EACH~~75.0~.~6,875:~~

-"'08;;;8~"9n;02".9;v9"6~1---...,3;;-;0;n0-;;.0:i0...,RE=.·T"'E""NSIONlNGOF CAllLE GUARDRAlL (ALL TYPF;S) PER~--- ..-_·MANUFACTURER'S SPECIFICATIONS

AT Two Hundred Filly Dollars And No Cents

089 902.9962

... .,. EACH ..$25.0.00 F~,~O~-OO

10,000.00 CABLE inGH TENSION GUARDRAIL ASSEMBLY (ALLTYrES AND--­SHAPES)

AT Fourteen Dollars Aod No Cents

090 902.9963

LF $14.00 $140!00~.'00

2,500~OO CAllLE HIGH TENSION-GUARDRAIL posT~nAII TYPES'AND'SHAPES) ..--

AT Eighty Eight Dollars And. No Cents

091 902.9964

....... , " .. EACH $88.00 ~2~0,000.OO

50.00 CONCRETE FOOTING FOR C~\BLETiIGHTENSION' GUARDRAIL ..---.­POSTS (ALL TYPES ANI> SHAPES) CAST IN PLACE

AT Two Hnndred Dollars And No Cents

EACH $200.00

Addendum· 2 Revision - 1p. 14

Page 119: Counci Docket 08 24

Proposal ItemsProject Name ~ Statewide Guardrail Replacement and Repair 2011

R.1. Contract No. - 2011-CM-013FAP Nos: STPG-9999(073)

0511012011 2:11 pm

Item Code904.9949

N.:oi~:);li~®iI:?~K~~ :t?:c :e~cii: iiei~: ;.[iu~t:b~:"iiii~n: !ii:i;~;1.!: "~~hiiie~::: ::::::::.::::::::::::::::::::::::: :::: ::::::::::::::::::::::::Unit Bid Price Amount

Quantity Description Unit $0.00 (P x Q) $0.0013,000.00 REMOVE AND DISPOSE GUARDRAIL-(ALL TVPES).AS DIRECTED BY

THE ENGINEER

No.-092

AT Two Dollars And Fifty' Cents

,... LF. ,.__ ... .J2:5.2. . __ $~22~P.~9.0

10.00 REMOVE, HANDLE, HAUL TRIM RESET CURB EDGING, STRAIGHT,CIRCULAR ALL TYPES .

..-.-.- ,.

-----;;-~=-093 906.0700

AT Eight Dollars And No Cents

LF $8.00 $80.00.... -..- " -, .•.... _.. _ - -.......... .. ..- ~..,.-~ _ -..• -. -.-..__ ..••.,=~="-=;=c===~=--..094 . 909.3010----··----·-'50.00 PRECAST MEDIAN BARRIER DOUBLE-FACED STANDARD 40.1.0

AT One Hundred SeventyFive Dollars And No Cents

. " .. " " ~., • , __• - •• ,~••• ," ". " ". - _,e"LF $175.00

095 909.3020 50.00 PRECAST MEDrAN BARRIER SINGLE-FACED STANDARD 40.2.0

AT . One Hundred Sixty Five DoUars And No Cents

30.00 PRECASTMEDlAN BARRIER SINGLE·fACED STANDARD 40.2.1..... -.... , .. ".

'096 909,3021

LF $165.00

AT One Hundred Sixty Five Dollars And No Cents

LF $165,00

AT Two Hundred Fifteen Dollars And No Cents

LF $215.00r"_' ...... _•••

AT Two Hundred Fifteen Dollars And No Cents

LF $215.00

P - 15

Page 120: Counci Docket 08 24

~ FlU: COpy, L;;pJposalltems

Project Name - Stat~wide Guardrail Replacement and Repair 201 1R,t Contract No, - 2011-CM-0 13

FAP Nos: SIPG-9999(073)

0511012011 2:11 pm

Item Code909,9903

No.099

f.iot~~:f~~:@itp.N:~~"[o.l::e~c~:i!e:';i:;;;~S'i:b~:~E~';:i~:;;~~~s:~~dh;,,;eS':::,:::::::::::::::::::::::'::::::::::::::: :::::::::::::::::Unit Bid Price Amount

Quantity Description linit $0,00 (P x Q) $0,0030,00 ~lODU'lED SINGLE-FACED PRECAST~iEDIAN B'ARRIER wmr----­

CONCRETE SLAB

AT Two Hundred Sixty DoHars And No Cents

100 922.0100

'_"" I.F $26000 ",~?!.~P.O:9.0

400.00 -TEMPORARY CONSTRUCTION sioj.:isSIANDARD 29,1.0 AND 27. LI

AT One Dollar And No Cenls

-. -.- .........•._ .- ._ .._..:._,_.._~._ ..~ ,..~. ,". " " . SI' $\.00 . ,.-... ~ .. ~ $400.00

101 923.0105 2,000,00 DRUM BARRlcAbe STAt'li5i\RD 26.2ij"--·""·------·"""-~-------

AT No Dollars And Twenty Five Conts

.............~... ." ." ...... -. - -BDAY $0,25 $500.00

102 923.0200

AT One Dollar And No Cents

EACH $1.00 $200.00

103 924.0113

AT FIve DoHars And No Cents

. .. ,,'. PDAY $5.00 ..$2!500.00

'-'-50:00 UNANCtiORED PRECAST CONCRETE' BA1UuER FOR TEMPORARY---'"TRAFFIC CONTROL RI SID 40.5,0

••• ,. ,m_ •• " ••

-CC~=104 . 926,99.01

AT Fifty Dollars And No Cents

",,_ "-"" .'., LE $50.00 $2,?0~:OO

105 928.0800 ---------SOO.OO'TRUCK MOUNTED ATTENUATC)R WITH fRUCK MO'ONTEDFLASHING ARROW BOARD

AT Four Hundred Dollars And No Cents

PDAY $400.00 $200,OOO,O~

Addendum - 2 Revision" 1P - 16

Page 121: Counci Docket 08 24

8 FIl.ECDPY Proposal ItemsPr0ject Name - Statewide Guardrail Replacement and Repair 20 11

R.l Contract No. - 2011-CM-0!3FAP Nos: STPG-9999(073)

05110/2011 2:11 pm

f.i?i~ ~::f~~: jjf.ijtr.~:t.iU;;r:e~<:~ iie:0:i1iu~t:b~: \Vilti;': j;i:;;'~;'~i~:~;'~J.ii. ;;,:~s.:::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::Unit Bid Price Amount

No. Item Code Quantity Description Unit $0.00 (P x Q) $0.00-1~ LOl.OlO,C"·--·· 300.00 PLANTABLE SOIL 4 INdms DEEP

AT Ten Dollars And No Cents

..-.. -., -".. ~ ... . . SY $10.00 . ..........• ..~~,0.9.0,~~--107··L02.0101 ----""300:00 GENERAL HlGHWAY SEEDING (TYPE 1)

AT Two Dollars Aod Fifty Cents

SY $2.50 $750.00___ .' _ • _ ~. __._ ." ._._, ••• " ,.... • _"." ••, ,~ • __ yo •• _,_. "'_", , •• _," • ..~._ "-••• e. __~ ••• __ ,_. " __A' •• _ "_'_"'-.'_'._.

---'108-"- 901.9970 '100,00 RAIL FOR STAGE I ENERGY ABSORBING END TREATlVIENT

AT One Hundred Thirty Dollars And No Cents

"_,, _ _....... EACH _.~!~!l.:~0 . ~g.'~OO':O'O'

100.00 RAIL FOR STAGE II ENERGY ABSORBING END TREATMENT••• _,., • • v •• ..... ., •

•--.c;;-----:;",--109 901.9971

AT One Hundred Dollars And No Cents

... _.._ _ EACH $IOO.OOFO,o.O~,~O

---..IW-901.997Z------3"00.OO UPPER POST FOR ENERGY ABSORBiNG END TREATMENT

AT Fifty Dollars And No Cents

EACH $50.00 ~15!00~:OO

111901~9973-' '''--'---Tso:iJoLowERPO:5TFOR ENERGY ABSORBING END TREATMENT

AT Fifty Dollars And No Cents

EACH. " ..~?~'OO ~.7!~O?,O~

1ii··..·90 1.9974-··------- 200.00 STRUT AND YOKEASSEMBLY FOR NON-ENERGY ABSORBING ANDENERGY ABSORBING ET'D TREATMENT (ALL TYPES AND LENGTHS)

AT Fift)· Dollars And No Cents

EACH $50.00

Addendum ~ 2 Revision - 1p. 17

Page 122: Counci Docket 08 24

~.";":'~] r~ll'i: NH:nf""'~ If l. ~ lH i

roposalltemsProject Name ~ Statewide Guardrail Replacement and RepHir 20 I I

R.L ConlraclNo. - 2011-CM-013FAP Nos: STPG-9999(073)

OS11012011 2:1 J pm

Note;'T'li~TrNYfpiUCE'for'~~~ii'it~'m'musibe'Wi-li~~'i~'~~~ ~ds·nn·dfii~;;es,,·················"······'--·····-'···· ---- -.-.--_.................-' , - -----.,,.. ·" " ··- "..·'· ..··Un"fi·Bi,(Prlco.. ·· ..··:ArriOiiiit-·--..No. nom Code Qu.ntily Description Unit $0.00 (P X Q) $0.00113 901.9975 75,00 POST INSTALLATION IN LEDGE RI STn 34.1.2

AT Ouo Hundred Dollars And No Cents

902.9965114

AT

._ ,.., _..... EACH.~IO~c,O~ $1,500.00

100.00 REMOVE Al-'D RESET GUARDRAlL EXTRUDER FOR ENERGYABSORBING END TREATMENTI TERMINAL END FOR NON..ENERGYABSORBING END TREATMENT

Thirty Five Dollars And No Cents

ACRE $35.00." _, ~.•.~ ". ,_, •. ,__ ,__" ,"•.•_ ..•. ~" ~ ~__ '•• '~"" .,. •._" ~.•••_ •.•~.".••. _ ", ".n ", " ~. • ,•.•.•" •• __ ..

115 929.9901 30.00 FIELD OFFICES Al-'D MATERIALS LABORATORY

AT Two Thousand Thre~ Hnndred Dollors AJid No Cents

PMO...... - " -" .. ~. '- .". ~ - _.. _ -~"" .'-' ._ _. , "._. ~ " "., .

Addendum- 2P·18

FINAL TOTAL IS: $1,939,479.00

Revision - 1

Page 123: Counci Docket 08 24

OSIJ0120II 2:II pm

Revised: 2!19!2002

Total orgross sum of hid fOT Rhode Islilod Contract Number: 2011·CM·013

Federal-Aid Project Number(s): SrpO-9999(073)

WRITTEN IN WORDS One Million Nine Hundred Thirty Nine Thou,.nd Four Huudred Seventy Nine Dollars And NoCenls ($1,939,479.00) .

The undersigned bidder declares that this Proposal is made without connection ~th any other person or personsmaking proposals for the same work, and is in all respects fair and·without collusion or fraud. The undersigned biddersubmits"herewith, a proposal guarantee in the fonn ofn bid bond in favorofthe State of Rhode Island in the amount ofS'Y., of the total or gross sum of the bid and agrees and eonsenls that the proposal guarantee shall be forfeited 10 theState as liquidated damages if the required contract agreement amfcontraet bond are not executed within ten(IO) daysof the notice of award. All surety companies must be listed with The Department of the Treasury, Fiscal Services,Circular S70, (Latest Revision published by The Federai Register). The State reserves the right to retain Uie suretyof all bidders until the successful bidder enters into the Contract or until such time as the award or cancellation of lhdContract is announced at which point Sureties will he returned to all bidders by the State of Rhode Island, Office o"rPurchases. The undersigned bidder further agrees. if awarded the contract on this proposal. to begin work withinten (] ()) cnlendar davs artel' the date of execution of the con tract unless otherwise specified under spechilprovisions or permitted by the Engineer. and further agrees to complete the work on or before the dates ()utUnedin the Contract Documents.

COMPLETION DATE(S)

DESCRIPTION DATE

Advertise Date

Pre-Bid Date

Bid-Opening Date

Substantial Completion Date

April 08, 201 1

April 21, 201 I

MayJI,2011

April 15,2013

nm HIDDICR ACKNOWLEDGES RECEIPT OF TIlE FOLLOWlJ'IG:

2

PAGE

1

ADDENDA DATE POSTED DOCUMENT(S);:..-:..c;...:.;=cc..::..:=-~~~~~~~ :.::..:.-=

NO. I April 15. 20 II 1. Status Certification for: Debarment, Eligibility. Indictments,NO. 2 May 04,20 II ConvictionsNO.3 .Mll},05,2011 2. Anti-ColJusion Certificate

Addendum w 3 P·19 Revision - 3

Page 124: Counci Docket 08 24

Communication # 4900/11Docket Date: August 24,2011

City of Newport

l,ffiQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:Staff Presentation:

RECOMMENDATION:

Mayor Stephen C. Waluk & Memb~rs ofjJte City CouncilEdward F. Lavallee, City MaUage(j~August 11, 2011 1dContract # 10-027 - Catch Basiu Separatiou Area 6 Project - ModificationJulia A. Forgue, Director of Utilities

The Department of Utilities recommends that the contract for the Catch Basin Separation- Area 6 #10-027 with Boyle &Fogarty Construction Co., Inc. be amended in accordance with the Contract Modification for the amount of $4, 331.15.The new contract amount will be $536,786.15. Funding for this project is provided by the Clean Water State RevolvingLoan Funds (SRF) and the American Recovery and Reinvestment Act of 2009 (ARRA).

BACKGROUND AND FINDINGS:

In January, 2010 the City Council approved the award of the $532,455.00 contract to Boyle & Fogarty Construction Co.,Inc for the construction contract for the Catch Basin Separation Area 6 Project. The actual quantities for the work forthe catch basin separation decreased based on actual field conditions which resulted in a decrease in the cost for severalbid items. The area where there was an increase in cost over the original unit price was the concrete pavement restorationon Bellevue Avenue at Touro St and at the southerly end. In consultation with the Department of Public Services and theengineer for the project the decision was made to utilize a high strength quick curing concrete mix in order to expeditethe concrete road restoration. The contract included the RIDOT specification which required the standard seven day curetime. By using the high strength quick curing concrete mix the work was completed in a shorter period of time. Whilethe high strength quick curing mix was slightly higher in cost a savings was achieved in the 24 hour police details for therequired traffic control.

The project is complete and after the calculation of the final actual quantities and including the cost for the high strengthquick curing concrete mix, the total contract price increased by $4,331.15 which representsa 0.8% increase over theoriginal contract award.

PREVIOUS LEGISLATIVE ACTIONResolution 2010-19 Contract Award

FISCAL IMPACT_:1L Currently Budgeted (Account 10-190-2500-50440 Activity 104306) _ Requires additional appropriation_ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionWright Pierce Letter August II, 20 IIContract Modification

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

Page 125: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No ..

RESOLVED: that the Modification to thecontract between the City ofNewport and Boyle & FogartyConstruction Co., Inc. for theCatch Basin Separation Area 6Project 10-027 is herebyapproved at a total cost not toexceed $4,331.15 and the Mayor isauthorized to execute saidModification on behalf of theCity, subject to favorable reviewby the City Solicitor.

IN COUNCIL

READ AND PASSED

Kathleen M. SilviaCity Clerk

Page 126: Counci Docket 08 24

WRIGHT-PIERCE ~:"Engineering a Better Environment

August 11,2011W-P Project No. 11408B

Ms. Julia A. Forgue, P.E., DirectorDepartment of Utilities70 Halsey StreetNewport, RI 02840-1332

Water

Wastewater

Infrastru ctu re

Subject: CONTRACT MODIFICATIONCatch Basin Separation - Area 6 - Contract #10-027

Dear Ms. Forgue:

Please find attached CONTRACT MODIFICATION to Contract #10-027 Catch Basin Separation - Area 6submitted by general contractor Boyle & Fogarty Construction Co., Inc. (Contractor) and as recommended forapproval by Wright-Pierce (Engineer).

This Contract Modification reflects the decision by both the Departments of Utilities and Public Services toexpedite the concrete pavement restoration on Touro Street and Bellevue Avenue to mitigate traffic detourimpacts to the local residents and businesses during the start of the spring tourist season.

In general, the work included utilizing high-strength, quick curing concrete mix to allow vehicular traffic afteronly two days after placement; rather than seven days for the RIDOT standard concrete pavement mix. Althoughthe high-strength, quick curing concrete mix was slightly higher in cost, a significant savings was achieved byreducing the number of 24 hour police details for traffic control during the concrete curing period.

This Contract Modification results in an increase of $4,331.15 (or 0.8%) over the original contract amount of$532,455.00 for a final contract amount of$536,786.15.

If you have any questions, or if you need additional information, please feel free to contact me at any time.

Sincerely,

WRIGHT-PIERCy!

~~~Thomas Simbro, P.E.Senior Project Manager

Encls. Contract Modification Form (4 copies)

Offices Throughout New England I www.wright-pierce.com The Westminster Square Building"10 Dorrance Street, Suite 840

Providence, RI 02903 USA

Phone 401.383.2276 I Fax 401.383.2924

Page 127: Counci Docket 08 24

,/Date of Issuance; August 11 , 2011

CONTRACT MODIFICATION

Effective Date'

"i,.~

.~: -'~: •.

Pwj"t, see below lown'" City of Newport, RI

Cont,,,, Catch Basin Separation" Area 6

Cont,.,to, Boyle & Fogarty Construction Co., Inc.

The Contract Documents are modifJed as follows upon exacutlon of this form:

Owner'a Conlract No.: #1 O~027

DateofConlractJan 27, 2010

Engineer'S Project No.: 114088

The following work reflects scope changes related to' concrete pavement restoration on Touro & Bellevue:1. Increase from Standard RIDOT 4,000 psi Concrete mix to 5,000 psi High.Early Mix: 239.2 CY @ $15.40(Increase $3,683.68). 2. Curing Compound: 8,393 SF @ $1.00 (Increase $8,393.00). 3. Concrete Testing Sub:7 days @ 356.40 (Increase $2,494.80). 4. Compressive Strength Test: 38 Cylinders @ $13.20 (Increase$501.60). 5. Flextural Strength Test: 5 Beams @ $49.50 (Increase $247.50). 6. Additional Concrete (slabsover 8" thick standard to match eXisting): 18.13 CY@$99.60(lncrease$1,805.75)

CONTRACT MODIFICATION: INCREASE $17,126.33

Allachments: (list documents supporting ohange):

Extra Work Reports; Project Bid Item Spreadsheet

CHANGE IN CONTRACT PRICE:

Original Contract Price:

$ 532,455.00

Decrease frem previously approved scope adjuslments:

($12,795.181

Contract Price prior to this Contract Modification:

$ 519,659,82

~ of this Contract Modification:

$ 17,12633

CHANGE IN CONTRACT TIMES:

Original Contraot Times: 0 Working days 0 Calendar daysSUbstantial completion (days or date): __~SJLi,-,1SJLI..,10,- _

Ready for final payment (days or date): __.1''''11'''O"1Iu',,O _

[Increase) from previously approved modifications

Substantial completion (dale): ---!N"""'A'-- _

Ready for final payment (date): -"5!L,/1U;5!L,/1u1 _

Conlract Times prior to this modificatIon:Substantial completion (dale): -'Z:.<./1J..1SJLI1L1'- _

Ready tor final payment (dale): -1.7/,,''''51,,1.11 _

[Increase) (Decrease] of this Contract Modification:

Substantial completion (days or dale): N/A

Ready tor final payment (days or date): NIA

Final Contract Price incorporating this Modiflcatlon: Contract Times with all approved Contract Modlficallon :

Substantial completion (days or dale): __. ,_J,"1.c15..1.c11.L- _

$ 536,786.15 (Net Increase $4,331.15) Ready for final payment (days ardate): _._. 7/15/11

Engineer (Aulhorlze Si9nalur~)

Date p;;/I~/;;Approved by FundIng Agency (if applicable):

ACCEPTED: Cjtvof Nawporl

Owner (Authorized Signature)

Dale:

ACCEPTE

By, --++-+....:;~'--iL.._--

Date: --t-+--.,--"-......H.J..f

Date:

EJ"CDC No. C~941 (2002 r!:<lition)Prellurcd by the Engineers' .Joint Contl'lIct Documents Committee nnd endorsed by the~:'isocillted Genel'L11 Conll'flcful's of' Amcl'icll lind fhe Constl'uction Specificatiolls Institute,

Page 128: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No. ?QMbJ.~......

. WHEREAS: The City of Newport requested Sealed Bids forCatch Basin Separation Area 6 Project, Bid # 10-027.Bids were received on 15 Dec 2009.

WHEREAS: Award has been recommended to the lowest,most responsive bidder being Boyle & FogartyConstruction Co., Inc., Smithfield, RI for the sum of$532,445.00

NOW THEREFORE, BE IT RESOLVED: RESOLVED: Thebid of Boyle & Fogarty Construction Co., Inc., is herebyaccepted at a cost of $532,445.00 and the Mayor isauthorized to execute a contract on behalf of the City,subject to favorable review by the City Solicitor.

IN COUNCILREAD AND PASSEDJanuary 27, 2010

athleen M. SilviaCity Clerk

Page 129: Counci Docket 08 24

Communication # 4901/11Docket Date: August 24, 2011

City ofNewport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:Staff Preseutation:

Mayor Stephen C Waluk & Membffrofe City CouncilEdward F. Lavallee, City Managef.-11JAugust 11, 2011Award of Bid # 12-007 Water Division - Trench and Sidewalk RestorationKenneth R. Mason, Deputy Utilities Director-Engineering

RECOMMENDATION:The Department of Utilities, Water Division recommends the award of the Water Division Trench and SidewalkRestoration contract to, Hartford Paving Corp., Johnston, RI, based on unit price bids submitted on August 9,2011.

BACKGROUND AND FINDINGS:The City solicited unit priced bids from contractors for the annual Water Division Trench and Sidewalk Restorationcontract and four (4) bids were received:

Hartford Paving CorpPiccoli Paving Inc.Narragansett Improvement CompanyJ.H. Lynch & Sons Inc.

The work consists of utility trench repair, and sidewalk and curb replacement for the Water Division. Work will includesawcutting, excavation, replacement of bituminous pavement, pouring and finishing concrete sidewalks and driveaprons, and resetting curbing. The award is being recommended to the low bidder.

Payment for the project will be on the unit price basis as presented by the low bidder, Hartford Paving Corp. as follows:

1. 4" Bituminous concretelb. 8" Bituminous Concrete2. 5" Portland Cement concrete sidewalk3. Remove and reset curbing

$81.00/square yard$105.00/square yard$90.00/square yard$15.00/Iineal foot

Funding for this project will be provided from the Capital Improvement Program and will be capped at $80,440 for FY12. An allowance of $10,000 for Police details has been included in this project however this will be paid for directly bythe City.

PREVIOUS LEGISLATIVE ACTIONNone

FISCAL IMPACTl Currently Budgeted (Account 015-500-02241-50440 Activity 154158) _ Requires additional appropriation_ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionBid tabulationCorporate InformationTrench List

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

Page 130: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No .

WHEREAS: The City of Newport requested Sealed Bids (orProposals) for Trench and Sidewalk Restoration, Bid #12-007. Bids were received on 09 Aug 2011.

WHEREAS: Award has been recommended to the lowest,qualified bidder being Hartford Paving Corp. of Johnston,RI at their bid price of $80,440. An allowance of $10,000for Police Details was included in the bid documents;however, this cost will be paid directly by the City.Accordingly, the total bid award for Hartford Paving Corp.of Johnston, RI will be $70,440 = $80,440 H $10,000 forPD Details and the total project cost including policedetails will be $80,440.

NOW THEREFORE, BE IT RESOLVED: That the bid ofHartford Paving Corp. of Johnston, RI is hereby acceptedat a total NTE cost of $70,440 and the Mayor is authorizedto sign said contract on behalf of the City, subject tofavorable review by the City Solicitor and the total projectcost, including $10,000 for Police Detail expense, in theamount of $80,440 is hereby approved..

IN COUNCILREAD AND PASSED

Kathleen M. SilviaCity Clerk

Page 131: Counci Docket 08 24

TRENCH & SIDEWALK RESTORATIONBID # 12-007 Closed: 09 Aug 2011

Hartford Piccoli Narragansett JH LynchPaving Paving Improvement

1a Trench Repair: 4-lnchBituminous Concrete $24,300 $27,000 $24,600 33000

300SY $81 $90 $82 $110

1b Trench repair: 8-lnchBituminous Concrete $31,500 $22,500 $45,000 $48,000

300 SY $105 $75 $150 $160

2 Sidewalk Repair: 5-lnchPortland Cement Concrete $14,400 $30,240 $15,680 $33,600

160 SY $90 $189 $98 $210

3 Remove/Rest ExistingCurbing $240 $800 $720 $2,400

16 LF $15 $50 $45 $150

4 Police Detail $10,000 $10,000 $10,000 $10,000200 MH $50 $50 $50 $50

Total $88,440 $90,540 $96,000 $127,000

Page 132: Counci Docket 08 24

·1.···'····,·,

.",'

l'

BIDDING FIRM:Hart£ord Paving Corp.

NUMBER & STREET: 112 Old Pocasset Road

Being a Corporation, incorporated under. the laws· of tile State of: Rhode 'Island.

CITY/STATEJZIP:

SIGNATURE:

TITLE:

DATE:

TELEPHONE NO:

(partnership).(Individual).

Johnston, RI 02919

o Y F. Corsinetti, IISecretary

August .9, 2011

401-942-8857 .

. ,

-----j~"

(CorpomteSeal)

Bid #12..()()7

Composed of officers, partnersOr City as follows:

Carol G. Corsinetti Presiaent

(president, City, Partner)

Christopher Corsinetti, Treasurer

. Anthony F. Corsinetti, Ii, Secretary

BP-2

14

Page 133: Counci Docket 08 24

City of Newport, Rhode IslandWATER DIVISION TRENCH AND SIDEWALK RESTORATION 2011Bid 12-007

TRENCH LIST

LOCATION # CITY ASPHALT CONCRETE RESET CURB

ATIANTIC AVENUE 26 NPT 8X8CLIFF AVENUE EXTENSION 50-52 NPT 8'X4'CODDINGTON WHARF 13 6'XS'GIBBS AVENUE 42 NPT 6'X4'GOULD & CONGDON NPT S'X'4KAY STREET CUT-OUT ON MANN AV. 36 NPT S'XS'LEROY AVE @ LAWRENCE AVE NPT 16'X10' CUT-OUT AT INTERSECTION OF LEROY AVE & LAWRENCE AVEOLD BEACH ROAD 13 NPT 6'X4'SPRING STREET 545 NPT TX6'STOLKHOLM ST. 29VALLEY ROAD HYDRANT MIDD 4'X4' HYDRANT ON VALLEY RD BETWEEN EAST MAIN & CHESTNUT HILLVERNON AVENUE 23 NPT S'X4'HALIDONAV, 21 NPT 5'X5' IN FRONT OF 21 HAllDON

BLISS RD. 86 NPT 7'X2' 6'X4'BRIDGE ST. 15 NPT 10'XT 2 PANELSCONNELLHWY 166 6'X4'CAREY ST. 10 NPT 7'X4'CONNECTION ST. 23 NPT 12'X6'FORESTAV. 429 MIDD. 7'X3'FRANKLIN ST. 38 NPT 4'X4'GIBBSAV, 53 NPT 6'XS'HALSEY ST. 62 NPT 11 'X7' 7'X3'HAMMOND ST. 42 ???HAMMOND ST. 35 NPT 6'XS'HOUSTONAV. NPT 13')(6'LIVINGSTON PLACE 23 MIDD. 2'X2MARCHANT ST. 5 NPT 6'XS'MARSH ST. 21-23 NPT S'XS'PECKHAMAV. 7 NPT 6'X6"POPLAR ST. 13 NPT 6')(5'RUSSELLAV. 25 NPT 9'X4' 4'X3'SPRINGST, 134 NPT S'XS'SPRING ST. 515 NPT S'X4'STOLKHOLM ST. 17 NPT 6'XS'THIRD ST. 13-1/2 NPT TX5'THIRD ST. 62 NPT 4'XTTOUROST. 19 NPT 7'X7'VALLEY RD. 19 MIDD. 6'XS'WALNUTST, 17 NPT S.S'XS.S'WASHINGTON ST. 88 NPT 6'XS'WEST MAIN @VALLEYRD MIDD 2'X2' GATEVALVEBOXCUT-OUTWEST MAIN RD. SU i 120' X 22'WEST MAIN RD. MOBILS GAS 92 MIDD. 8')(6'WILLOW ST. 9 NPT S'XS'YOUNG ST. 25 NPT 5'X5'

Page 134: Counci Docket 08 24

W. NARRAGANSETTE AV. 73 NPT 5'X4'CONGDONAV. 1 NPT 5'X4'HAMMOND ST. 42 NPT 6'XS'48 EVERETT ST. ON FRANCIS 48 NPT 6'X6'DARTMOUTH ST 11.5 NPT 5'X4'RUSSELLAV. 3 NPT 10'X9' 4'X4'CONCORD DR. 27 MIDD. 6')(4'AREA OF 13 CLINTON ST. 9-13 NPT 8X826 S. MAYD ST. ON HALSEY ST 26 NPT 7')(6'GARDINER $T. 5 NPT 8'X4'SPRING ST. CORNER OF LEE 465 NPT 8'X3' DRIVEWAYEQUALITY PARK 6 7'X4'LINCOLN ST. 5 NPT 5'X4'POWELLAV. 41 NPT 4'X4'COGGESHALL AV. 94 NPT 8'X6'4 CORNERS CEMETARYWYATI 8 MIDD. 8'XS'LUCAS ST. 13 NPT 4'X4'VAN ZANDT AV. 104 NPT 5')(5'MALBONERD. 77 NPT 6'X3' ASPHALTROSENEATH AV. 72 NPT 1'X1'SHORE DR. 1 MIDD. 17')(4'VAN ZANDT AV. 141 NPT 2')(2'

MARLBOROUGH ST. 12 NPT 8'X4'.5"ADM K OPP. 530 BROADWAY MIDD. 12')(9'FOWLER STREET 3 NPT 4'X4'WILLOW STREET 17 NPT 12')(7'DIXON STREET 26 NPT 5')(3'DEXTER STREET 73 MIDD. TXS'SEASCAPE AV. 50 MIDD. 7')(3'DUDLEYAV. 12 MIDD. 5')(4'FRANKLIN STREET 38 NPT 4'X3' &RESET CURBSPRING ST. 371 NPT 371 SPRING ST. TRENCH ON POPE STREET 4-1I2'X2'TUCKERMAN AV. 286 MIDD. 16'X?' STREETWHITFIELD PLACE 7 NPT 4'X2' 4'X4'OLD FORT ROAD @ PALMER ST. NPT 22'X12'KAY ST. @FRIENDSHIP NPT 11 'X?'

Page 135: Counci Docket 08 24

Communication # 4902/11Docket Date: August 24,2011

City of Newport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:

Staff Presentation:

Mayor Stephen C. Waluk & Mem~ofth City CouucllEdward F. Lavallee, City ManageAugust 11, 2011Phase 2 Engineering Services to Contract # 11-046 Beach Pump StationImprovementsKenueth R. Masou, Deputy Utilities Director-Engiueering

RECOMMENDATION:The Department of Utilities staff recommends the award of the Phase 2 Engineering Services to Contract # 11-046, forthe Beach Pump Station Evaluation project to Pare Corporation, Lincoln, RI in the amount of $132,500. This award isfor design, pennitting, bid administration, construction administration, and resident inspection services. Under theoriginal Phase I portion of the contract, Pare Corporation provided an initial evaluation of the pump station.

BACKGROUND AND FINDINGS:As part of the City of Newport's CSO Long Tenn Control Plan and in accordance with EPA Corrective Action Plan theinitialevaluation of the City's 14 pump stations was perfonned by United Water. This work was completed in December2010 and a report submitted to the EPA. One of the priority recommendations from this report indicated the need tocomplete a comprehensive evaluation of the Beach Pump Station.

Pare Corporation was retained by the City in April, 20 II under Contract II -046 to perfonn Phase I of a two phase workplan to provide an engineering evaluation of the Beach Pump Station. The Phase I tasks included field evaluation andtesting of the pump station and preparation of a preliminary assessment report which provided recommended options forrehabilitation or replacement of the pump station. This initial evaluation indicated the pump station was in poorcondition with the existing sand trap and wetwelI being a major source of groundwater infiltration which makes upalmost 95% of the total flow of the station. The gravity colIection portion of the system, which starts at the BeachRotunda and flows to the pump station on the opposite side of Memorial Boulevard was also noted to be in poorcondition. The proposed project will be a comprehensive system upgrade consisting of the construction of a new pumpstation relocated to the beach property, rehabilitation of the gravity sewer line, and an installation ofa new force main totie into the existing force main on Memorial Boulevard. Department of Utilities staff has met with beach staff andreviewed the proposed relocation of the pump station to the beach property. A site plan indicating the location of theproposed pump station is attached to this document

This Phase 2 work under this contract will provide for design, pennitting, preparation of contract drawings andspecifications, bid administration, construction administration, and resident engineering inspection services. Totalestimated costs for this project, including construction costs and the above referenced engineering, pennitting,construction administration, and resident inspection services expenses, are $405,000. Funding for this project will beprovided by the WPC Capital Improvement accounts.

PREVIOUS LEGISLATIVE ACTIONResolution 20 II -035 Contract for Engineering Services for the Beach Pump Station Evaluation

FISCAL IMPACTl Currently Budgeted (Account 10-190-999·104392) _ Requires additional appropriation _ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionPhase 2 Contract AmendmentProposed Site Plan

Finance Dept Review: Date By: ---- (ifapplicable)

Page 136: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No ..

RESOLVED: that Phase 2 to the Contract andAgreement for ProfessionalServices for the Beach PumpStation Evaluation Project (#11­046) between the City of Newportand Pare Corporation, is herebyapproved at a cost not to exceed$132,500.00, and the term of theContract and Agreement isextended to September 30, 2012 ,and the Mayor is authorized toexecute said Contract, uponreview by the City Solicitor, onbehalf of the City.

IN COUNCIL

READ AND PASSED

Kathleen M. SilviaCity Clerk

Page 137: Counci Docket 08 24

AMENDMENT NO. ITO

AGREEMENT FOR ENGINEERING SERVICESBY AND BETWEEN THE

CITY OF NEWPORTAND

PARE CORPORATIONFOR

PHASE 2 ENGINEERING SERVICES FOR BEACH PUMP STATION 11-046

The AGREEMENT for Engineering Services for Beach Pump Station 11-046 made on the 12th dayof April, 2011, by and between the City of Newport, Rhode Island, acting through its Mayor,hereinafter called the OWNER, and Pare Corporation, with offices at 8 Blackstone Valley Place,Lincoln, RI, hereinafter called the ENGINEER, is hereby amended in accordance with the provisionsof said AGREEMENT.

This amendment is issued to revise the scope of services and cOlTesponding schedule andcompensation as detailed below related to providing Phase 2 professional engineering services forthe design, pelmilting, construction administration, and resident inspection services for the BeachPump Station Improvement Project 11-046 herein refelTed to as the PROJECT.

ARTICLE I - SCOPE OF SERVICES is hereby amended to include the following Phase 2subsections:

A. Supplemental Field Investigation

ENGINEER will perfolm supplemental field investigation to collect data necessary to design thenew wastewater pump station. Included in this investigation shall be Wetland and CoastalFeature Delineation, Field Survey, Geotechnical Investigation, and Electrical Investigations.

B. Preliminary Design

ENGINEER will prepare preliminalY design drawings that identify the avera\} scope of theproject and depict the nature and location of specific project features. The preliminary designwill include meetings with City staff to review the project scope and City requirements.

C. Pre-Final (90%) Design

ENGINEER shall prepare 90% drawings and technical and bidding specifications. An updatedopinion of probable construction cost shall be included as well as meetings with City staff toreview project.

D. Permitting

ENGINEER shall meet with CRMC to review the project and obtain confinuation that the workis approvable as a maintenance activity. At the 90% stage ENGINEER will prepare and submit aMaintenance Assent application for rcview and approval by CRMC. ENGINEER shall also

Page 138: Counci Docket 08 24

prepare and file an RIDOT Utilitypelmit application for work in the Memorial Boulevard right­of~way

E. Final Design

ENGINEER shall prepare final design drawings and contract specifications in order to solicit bidsfrom qualified contractors. ENGINNER shall prepare a final opinion of probable constructioncost for the project.

F. Bid Administration

ENGINEER shall assist the City with soliciting the bids including providing 15 sets ofplans andspecifications, attend and administer the pre-bid meeting, prepare any necessary addenda to thebid package, review and tabulate contractor bids, check references, and make a recommendationto the City regarding the contract award.

G. Construction Administration

ENGINEER shall perfonn Construction Administration of the construction contract includingattending and administering project meetings, review shop drawings, change orders, and paymentrequests, monitor the project schedule, review contractor bypass/pumping plans, administerproject closeout documentation, and issue the Notice ofSubstantial Completion.

H. Construction Observation

ENGINEER will provide a Resident Engineer to observe the work for general conformance tothe contract documents. Other duties will include reviewing contractor schedule and submittals,attending relevant conferences and meetings, acting as OWNER'S liaison, coordination withENGINEER'S Construction Administration team, reviewing Contractor's work, interpretingcontract documents, considering and evaluating Contractor suggestions for modifications,maintenance of project recol'ds including daily reports and contract quantities, preparation ofreports, payment requisitions and assisting the OWNER with coordination ofcompletion ofthework including punch list and closeout change order. These services will be provided for a periodofup to 12 weeks.

ARTICLE III - TERM OF AGREEMNT is hereby amended as follows:

Unless terminated earlier in accordance with the terms of this agreement, this Agreement shallterminate on September 30, 2012.

ARTICLE V - PAYMENTS TO THE ENGINEER is hereby amended by adding the followingsubsections:

For Phase 2 services performed under this AGREEMENT, the OWNER agrees to pay theENGINEER for services, as described in Article I of this AGREEMENT, on a time and materialsbasis as detailed below, up to an estimated total of$132,500. The total project fee will be billed on a

2

Page 139: Counci Docket 08 24

Not-to Exceed basis. A following is a breakdown of the fee estimate and shall be billed inaccordance with the attached Schedule of Pees.

Task Description ofTask Pare Subcontracted TotalPhase 2 Work Expenses Expenses Estimated

TaskCost

A Suoolemental Pield Investigation $8,300 $6,400 $14,700B Preliminary Design $7,200 $7,200C Pre-Pinal Design $13,800 $7,900 $21,700D Pennitting $4,500 $4,500E Pinal Design $3,900 $3,900_.P Bid Administration $4,700 $4,700G Construction Administration $17,000 $17,000H Construction Observation* $58,800 $58,800

Estimated Total $118,200 $14,300 $132,500

* Pee schedule for Construction Observation is based on a rate of$980/day including mileage andother reimbursable expenses.

Pees for this PROJECT shall be billed monthly as they accrue based upon the services perfOlmed,expenses incurred and the rates stated above. The OWNER agrees to make payment to theENGINEER within thirty (30) days of the invoice date.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.1 this _dayof____-', 2011.

CITY OF NEWPORT

By: _

Printed Name: Stephen C. Waluk

Title: Mayor

Date: _

Approved as to Ponn

By: _

Printed Name: Joseph J. Nicholson, Jr.

PARE CORPORATION

By: _

Printed Name: George G. Palmisciano, PE

Title: Senior Vice President

Date: _

3

Page 140: Counci Docket 08 24

SCHEDULE OF FEES

For Proposal for Services, dated February 17, 2011(PARE Proposal No. EP048.11)

LABOR:

Engineering TecbnicianEngineerSenior Engineer

.. Project EngineerSenior Project EngineerManaging Engineer

Principals & Officers

Planner/ScientistSenior Planner/ScientistPrincipal Planner/Scientist

Resident Project RepresentativeSenior Resident Project Representative

CADD OperatorSenior CADD Operator/Designer

Clerical/Office Personnel

REIMBURSABLE EXPENSES:

Mileage (at Federal Standard Rate)Printing/Copying Wide Format (in-house)Photocopying (in-bouse)

Outside Services andOut-of-Pocket Expenses

$ 7S.00/Hour$ 8S.00/Hour$ 95.001H0ur$ IIS.OO/Hour$ 130.00/Hour$ 14S .OO/Hour

$ 160.001H0ur

$ 75.00/Hour$ 90.00/Hour$ 115.001H0ur

$ 70.00/Hour$ SO.OO/Hour

$ 75.00/Hour$ 90.00/Hour

$ 60.00/Hour

$ O.SI/Mile$ 0.I5/Square Foot$ O.lO/Copy

Cost plus 10%

The above rates for technical and support personnel will be charged for actual time worked onthe pfOject. Tn addition, there will be charges for time required for travel from company office tojob or site, and return.

For expert and material witness services, including preparation, associated with any actual orpotential litigation, mediation, arbitration, or similar proceeding, a fifty percent (50%) premium willbe added to the above rates.

Overtime worked by non-exempt, non-professional employees will be charged at a rate of oneand one-halftimes the rates shown above for all time worked in excess of 8 hours per day.

Pare Corporation (Effective 01/01/2011)8-P

Page 141: Counci Docket 08 24

'Ill

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FIGURE 5 (REVISED)OPTION 2 ,COMPREHENSIVE SYSTEM UPGRADE

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Page 142: Counci Docket 08 24

Page I of]CITY OF NEWPORT, RHODE ISLAND

DAILY LIQUOR LICE~SE APPLICAItON..... ... fl.'. ' ,~tW:G l~,~l II.

TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT: \ irr ~~9j6tCj /f--Specify Class (F, F-I, or F-2 which?) [[I] CLASS Liquor Lic~l1s.e

(Class F is Beer & Wine; Class F-l is Full Privile e; Class F-2 is Auction)

DESIGNATIONOFAPPLICANT(which?):- rvht 0 A..n; Loj-icJVl.R.I. Non-Business Corp. OR Religious Org. OR Political Org. 0 Caterer?

STATEMENT OF PURPOSE: 't(lo:Jmi.s;iao e\knt fW= .INOLUv:\ed [Ntlrn'O(s ~' Red CrossSTATEMENT OF DISTRIBUTION OF PROFITS (if requested without fee) _

o INITIALLING HERE INDICAT

Date(s) ofEvent:I---=:::....::J--.:....._---:;--.:.....--.:.....1l-!-i_J-__O_I_1 1

Times(a,m, & p,m')1 IF=~=======;===:======::========1

Event Name/Type:

Location of Event: Q,W 0 (J: 0 h {' ~

Organization/Corporate Namel_l_S..."CJ'..,,-,,-;L..I.".-'-'N""eA-0'-=---'P'---o_(f;- ---l

D/B/A NAME: I 20-\ \ Ftr7 Pric/a

BUSINESS ADDRESS: I Go fbu Adtu'V1S Dn \Ie; IV f,JJJportBUSINESS PHONE: IALTERNATE PHONE: I .. I J A

~!jk2 -19 8.3 ------'u'--L-" _

NOTE: Alcoholic Beverages Must Be Purchased from a Rhode Island Wholesaler Licensee, exceptCaterers, who ust purchase alcoholic beverages from a Rhode Island Class A Package Store.

\,(/14-1'1 ~d!V) !?n{.k4.;c / 6Jent MtJi'Y.l.t\er~APPLICANTNAMEITITLE O'

RECEIPT OF APPLICATION FOR MINOR BOOK.

FILING FEE $15.00 DATE PAID ,'jLICENSE FEE DAILY (F =$15 F-l= 35, F-2= $35) A1J)TOTAL LICENSE FEE (for#of--l-Days)IS $ EY:;- DATEPAID f/U/t~ISSUED BY DATE ISSUED _

ACTION BY COUNCIL, ACTION DATE, _

Page 143: Counci Docket 08 24

PETITON OF THE NATIONAL GRID FORJOINT OR IDENTICAL POLE LOCATION

TO THE HONORABLE TOWN COUNCIL, _

OF__N.EWPORT.=--:c:-:-:::::-=-=-c-::-::==--__RHODE ISLANDTHE NATIONAL GRID

Respectfully asks pennission to locate and maintain poles, wires and fixtures, including the necessarysustain and protecting fixtures to be owned and used in common by you petitioner along and across thefollowing public ways:

THAMES STREET PROPOSE NEW JO POLE LOCATION

Wherefore your petitioners pray that they be granted joint of identical location for existing poles andpennission to erect and maintain poles and wires together with such sustaining and protecting fixtures asthe may find necessary, said poles erected or to erected substantially in accordance with the plan filedherewith marked: 207133

DATED 6/6/2011

Your petitioner agrees to reserve or provide space for one cross arm at a suitable point on each of said polesfor the fire, police, telephone signal wires belonging to the municipality and used by it exclusively formunicipal purposes. .

THE NATIONAL GRID

BY: 7'J1A. (Ju...e d ~.vQl~Michael Iervolino, Engineering A:lJ.A'..1

BY THEVERIZO~~

ORDER J(tl~ ~--~The foregoing petition been read, it was voted that the consent at the

For the use ofpublic ways named for the purposes stated in said petition be and it hereby is granted-----­work to be done subject to the supervision of

A true copy of the vote at the, _

Adopted~ and recorded in Records Book# ~Page#

CLERK

Page 144: Counci Docket 08 24

\.

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The NARRAGANSETT ELECTRIC COMPANY and VERIZON

PLAN TO ACCOMPANY PETITION DATED _

TO THE C.iS OF: '01?.W{or\.- FOR: _'?~.....:::30,,_\ _

JOINT POLE LOCATION ON: ~Cl.t\A.Q.."" ~\---'-_-'-'.J=='--=--: _

DATEOFPLAN_~__ PLAN# _

DESCRIPTION OF WORK: \n,\z.\\i.,,~ \. 4 ~ ~ \,.. c..\c... \ "2.. ~<)I,.,.... .

..\\:.r b&CI.J\..r- lID> .3c.~ """fuc,iIM'- ~\--

DATE OF EXISTING GRANT: _

SYMBOL KEYo E)dsting Pole Location• Proposed New Pole Location® Existing Pole to Be Abandoned-4: Proposed Anchor

MAP# _

Page 145: Counci Docket 08 24

CITYOFNEWPORT

DEPARTMENT OF PLANNINGAND DEVELOPMENT

MEMORANDUM

TO:

FROM:

DATE:

RE:

Edward F. Lavallee, City Manager

Paige R. Bronk, Director

August 3, 2011

National Grid Pole Request365 Thames Street - New Pole # 31

The Planning and Development Department has reviewed the request and offers thefollowing comment.

365 Thames Street - New Pole # 31 The Department does not have any issues with theplacement of this new pole. This service would serve the new Transient Boater Facilityat the Armory. The Rhode Island Historical Preservation and Cultural Commission(State Historic Preservation Office) governs the property through historic easements.Although underground service would be preferred, the Commission will not allow a padmounted transformer on the front of the building. Other property locations are notfeasible for a transformer due to floodplain concerns and also required clearances. Theinstallation of the new pole on Thames is the best option to serve the facility's electricalneeds.

Page 146: Counci Docket 08 24

City Of NewportDepartment of Public Services280 Spring StreetNewport, RI 02840

MEMORANDUM

TO:

FROM:

DATE:

RE: National Grid Application - Thames Street - service to Transient Boater Facility

This petition involves the addition of a utility pole to provide service for the Transient BoaterFacility that is housed within the basement level of the Armory Building. The new pole is locatedbetween Ann Street and Brewer Street and has been located at the corner of the church parkinglot and the adjacent building. Upon inspection, this appears to be the least intrusive location forits placement. National Grid indicates that underground service would require street level surfacepad mount transformers and switch gears be placed within the plaza area located within the frontof the Armory building; however, it appears that the State Historic Preservation Officer objects tothis type of installation due to its negative impact upon the historic structure. These surface padmounted transformers and gears need to be appropriately located to provide regulatedclearances to structures etc which would likely require block walls and or fencing to surroundthem similar to the most recent similar installation that serves the 41 Degrees North property.Although underground facilities may be preferred in concept, it appears that the pole installation isthe least obtrusive to the area. If you have any questions, please do not hesitate to contact meat your convenience.

xc: File.

Page 147: Counci Docket 08 24

CITY OF NEWPORT. RHODE ISLANDDEPARTMENTQF UTILITIES

MEMORANDUM

TO: Julia Forgue, Director ofUtilities

FROM: Ken Mason, Deputy Utilities Director - Engineering /frtWl

DATE: 8/2/II

RE: National Grid - Installation ofnew ofElectric Service PoleThames Street between Ann Street and Brewer Street

The installation ofthe electric service pole as requested by National Grid, has been reviewed withrespect to water, sanitaly sewer and storm drains. .

The installation ofa new pole on Thames Street, 65 feet south ofAnn Street as shown on theNational Grid plan.dated June 6, 2011, will not interfere· with any existing sanitaly sewers, stormdmins or water mains and services. The proposed project is acceptable to the UtilitiesDepartment.

Page 148: Counci Docket 08 24

Communication # 4892/11Docket Date: August 24, 2011

To:From:Date:Subject:

City ofNewport

REQUEST FOR CITY COUNCIL ACTION/'

Mayor Stephen C. Waluk & Memjl'C,1s)f1'he City CouncilEdward F. Lavallee, City Managrfr-!J(JAugust 16, 2011Newport Substance Abuse Preveution Task Force (NSAPTF) -Contract forServices: NSAPTF Coordinator-Contract Period August 8, 20ll-Juue 30, 2012

Staff Presentation:Applicant Presentation:

RECOMMENDATION:

The contract for personnel services for the Newport Substance Abuse Prevention Task Force Coordinator for the periodof August 8, 2011 through June 30, 2012 is provided for the Council's consideration.

BACKGROUND AND FINDINGS:

Staff members of the Newport Substance Abuse Prevention Task Force (NSAPTF) are retained through contractualagreements to provide services for the various programs administered by the NSAPTF. The contract with Brenna J.Bennett for the position of the NSAPTF Coordinator for the period of August 2011 through June 2012 is enclosed for theCouncil's consideration.

PREVIOUS LEGISLATIVE ACTIONResolution 2010-116

FISCAL IMPACT

_ Currently Bndgeted (Account ) _ Requires additional appropriation _A- No Fiscal Impact

Funding shan be from various State/Federal Substance Abuse Prevention Grants

SUPPORTING DOCUMENTSResolutionContractual Agreement

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

Page 149: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No .

WHEREAS, the Newport Substance Abuse Prevention TaskForce (NSAPTF) conducts various communityprograms which are funded by grants, fundingfor which is administered by the City ofNewport; and

WHEREAS, the NSAPTF personnel staff are retained throughcontractual agreements between the parties andthe NSAPTF; and

WHEREAS, the contractual agreement for Brenna J. Bennettfor Services as NSAPTF Coordinator for theperiod of August 8, 2011 through June 30, 2012is hereby submitted to the City for approval.NOW THEREFORE BE IT

RESOLVED: that the City of Newport approves the abovereferenced contract and the Mayor is authorizedto sign execute said contract, upon review bythe City Solicitor's office, on behalf of theCity of Newport.

IN COUNCIL

READ AND PASSED

Kathleen M. SilviaCity Clerk

Page 150: Counci Docket 08 24

Contractual Agreement BetweenThe Newport Substance Abuse Prevention Task Force

andBrenna J. Bennett

forServices as NSAPTF Coordinator

The Newport Substance Abuse Prevention Task Force (NSAPTF), acting on behalfof the City ofNewport, hereinafter referred to as NSAPTF, and Brenna J. Bennett, do hereby agree that BrennaJ. Bennett shall provide consulting services as described below to the NSAPTF for the period8 August 2011 to 30 June 2012.

Contact information for purposes of this contract is as follows:

Paul CardozaNSAPTF Chair

Brenna J. BennettNSAPTF CoordinatorP.O. Box 854Newport, RI 02840Phone: 401-849-3915Fax: 401-846-2505e-mail:[email protected]

A. TASKS: The NSAPTF coordinator is responsible for communicating and facilitating themission of the NSAPTF throughout the community. The coordinator is the primary contactand resource for the community substance abuse prevention activities and programs. Theposition requires knowledge of substance use and abuse prevention and focuses on programimplementation and community awareness initiatives in order to minimize substance abuserisk factors and strengthen substance abuse prevention protective factors. The NSAPTFcoordinator works under the direction of the Executive Board of the NSAPTF.

I. Serve as liaison regarding substance abuse prevention and promote the development andexpansion of a cooperative, broad-based relationship with school and town leaders,public safety officers, mental health organizations, health care providers, religiousorganizations, the business community, the media, town residents and others.

2. Direct the collaboration of the NSAPTF with members of the community in order toexpand substance abuse prevention efforts through education, planning, and programimplementation.

3. Serve as the primary resource coordinator for the City ofNewport's substance abuseprevention programs and activities.

4. Maintain on-going communication with the State of Rhode Island Department ofBehavioral Health Services in order to keep informed of all guidelines and requirementsto be implemented by the NSAPTF, and reports those requirements to the task force.

5. Attend all Rhode Island Department of Mental Health, Retardation and Hospitals(MHRH) and Department of Behavioral Services (DBHS) SAPTF Coordinators'meetings and training as required.

I

Page 151: Counci Docket 08 24

6. Attend monthly statewide task force meetings.

7. Coordinate, organize, and attend monthly NSAPTF meetings.

8. Present a monthly budget report in coordination with the Treasurer and an activity reportdetailing the progress of the task force in relation to the mission, goals and objectives, by­laws and needs assessment.

9. Assist in planning, coordination, of the NSAPTF activities and programs, including theRFP process. In July develop & coordinate & distribute to NSAPFT members an annualtime-line for NSAPTF committees, events, and programs.

10. Collaborate with other community groups applying for substance abuse preventiongrants, when possible.

11. Manage the periodic community needs assessment process.

12. Enter program data into the Performance Based Prevention System (PBPS) as required bythe Rhode Island Department of MHRH.

I3. Assist in determining what risk factors are present in the community that may lead tosubstance abuse and researching and implementing cultural and programmatic solutions.

14. Submit annual budget for the continuation grant to the State of Rhode Island and theannual request to the City ofNewport for the 20 percent match required for the grant,inform NSAPTF members regarding funding threats and/or opportunities.

15. Purchase equipment and supplies and place community awareness and public relationsadvertisements as required by the administration ofthe NSAPTF, within budgeted limits.

16. Make referrals or resources available to community members when possible.

17. Apply for grants as needed or directed by the NSAPTF.

18. Outreach to the community to increase awareness, support, and active membership in theNSAPTF.

19. Perform other related duties and responsibilities as required and assigned.

B. JllEUVERABLES: Products to be delivered by the NSAPTF coordinator shall include butnot necessarily be limited to the following:

I. Monthly activity and budget reports.

2. Attendance at NSAPTF Executive Board, monthly NSAPTF meetings, and othercommittee meetings.

3. Prepare an annual report for review by the NSAPTF Executive Board and submission tothe Newport City Council no later than September 15 ofeach year.

4.

5.

C. SUBCONTRACTORS: Use of subcontractors is authorized under this contract.

D. CONTACT AND COMMUNICATIONS

2

Page 152: Counci Docket 08 24

Date

I. The NSAPTF coordinator reports to the NSAPTF Executive Board.

2. The NSAPTF coordinator will meet on a monthly basis with the NSAPTF's ExecutiveBoard, except that some meetings may be cancelled or added at the mutual agreement ofthe NSAPTF Chair and the coordinator.

3. The NSAPTF coordinator will maintain regular contact with NSAPTF's Chairperson,NSAPTF members and other key people via telephone, e-mail, mail, and fax.

TERMS OF WORK AND PAYMENT

I. The SPF grant manager position is a part time position (20 hours a week for 48 weeks).The hourly rate of pay is $24.00 per hour.

2. Total payment for this one year contract shall not exceed $ 24,000.00. Payment subjectto availability of funding.

3. The NSAPTF coordinator is responsible for scheduling his time and activity; the positionrequires a flexible work schedule that may include some evening and weekend work.

4. The NSAPTF coordinator is a consultant and is responsible for employment related taxes.

5. This position is not eligible for benefits.

6. The NSAPTF coordinator will bill at the end of each month, August 8, 2011 through June30,2012, for hours worked.

E. CONTRACTUAL PERIOD: This contract shall be in effect for the period August 8, 20 IIthrough June 30, 2012.

F. FUTURE CONTRACTS: This contract covers a one year period. The NSAPTF and BrennaJ. Bennett may decide to enter into a new contract for NSAPTF coordinator consultationservices in the future, but this contract does not obligate either party to continue therelationship in the future.

G~~~

Newport Su· tance Abuse Prevention Task Force

Stephen C. WalukMayor, City ofNewport

Date

3

Page 153: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

WHEREAS, the Newport Substance Abuse Prevention TaskForce (NSAPTF) conducts various communityprograms which are funded by grants, fundingfor which is administered by the City ofNewport; and

WHEREAS, the NSAPTF personnel staff are retained throughcontractual agreements between the parties andthe NSAPTF; and

WHEREAS, the contractual agreement for Brenna J. Bennettfor Services as NSAPTF Coordinator for theperiod of July 1, 2010 through June 30, 2011 ishereby submitted to the City for approval.NOW THEREFORE BE IT

RESOLVED: that the City of Newport approves the abovereferenced contract and the Mayor is authorizedto sign execute said contract, upon review bythe City Solicitor's office, on behalf of theCity of Newport.

IN COUNCIL

READ AND PASSED

July 28, 2010

Page 154: Counci Docket 08 24

Communication # 4893/11Docket Date: August 24, 2011

City of Newport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:Staff Presentatiou:

RECOMMENDATION:

Mayor Stephen C. Waluk & Mem~~IlCCity CouncilEdward F. Lavallee, City ManagetrrAugust 11, 2011US Department of Defense, Office of Economic Adjustment (OEA) GrantPaige R. Bronk, Director of Planning and Development

Apply for and accept grant award on behalf of the Aquidneck Island Reuse Planning Authority in the amount of$124,733.00 from the US Department of Defense, Office of Economic Adjustment, for support of efforts related to theNavy BRAe property disposition project on Aquidneck Island.

BACKGROUND AND FINDINGS:

Naval Station Newport is disposing of federally owned properties in Middletown, Portsmouth, and Newport. Thedisposition process involves designation of a point-of-contact and local redevelopment agency. The Aquidneck IslandReuse Planning Authority (AIRPA) is the designated point-of contact and redevelopment agency. To support thenumerous processes involved in the public disposition process, the AIRPA developed a grant application with assistancefrom the Office of Economic Adjustment (OEA) to cover the expenses indigenous to the property disposition process.Approximately, 225 acres of land are available. The grant funds will support the Property Reuse Coordinator, otheradministrative functions, and reporting requirements related to the property disposition. All local contributions are non­cash (in-kind). The City ofNewport previously supported Resolution 20 I0-1 02 for the first OEA grant.

The grant execution process is electronic. By OEA designation, the City Manager is the reporting authority for the grantproject. The City Council is asked to authorize the Manager to represent the Mayor and Council in affecting theelectronic grant acceptance and grant oversight tasks.

PREVIOUS LEGISLATIVE ACTION:

Resolutions 2011-097,2010-40,2010-102,2009-05,2008-174

FISCAL IMPACT:__ Currently Budgeted (Account ) __ Requires additional appropriation --A_ No Fiscal Impact

SUPPORTING DOCUMENTS:ResolutionOEA Application

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

Page 155: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No ..

WHEREAS, Naval Station Newport, as part of the nationwide Base Realignment andClosure (BRAC) process is disposing of225 acres of military property alongthe west side of Aquidneck Island; and

WHEREAS, as part of the property disposition process federal regulations mandate alocal coordination effort for communities wishing to apply for ownershipor control ofthe affected BRAC properties; and

WHEREAS, at the suggestion of the US Department of Defense, Office of EconomicAdjustment, the three Aquidneck Island municipalities formed a regionallocal redevelopment authority for purposes of complying with the requiredBRAC process tasks and for pursuing the available federal properties(Aquidneck Island Reuse Planning Authority); and

WHEREAS, to coordinate the myriad of tasks associated with the property dispositionprocess the Aquidneck Island Reuse Planning Authority has beendesignated as the point-of-contact for the three municipalities; and

WHEREAS, to support the costs of maintaining the Property Reuse Coordinator,supporting administrative functions, and reporting requirements related tothe property disposition, the AIRPA has developed a grant request withassistance from the Office of Economic Adjustment; and

WHEREAS, the grant request has received favorable review from the federal awardingagency and is available in the amount of $124,733 to support the expensesfor the necessary BRAC process tasks, thereby relieving the localcommunities of bearing the costs associated with the pursuit of theavailable properties. NOW THEREFORE BE IT

RESOLVED: that the City Council accept the grant from the US Department of Defensein the amount of $124,733 and in accordance with the federal grantguidelines. AND BE IT FURTHER

RESOLVED: that the Council designate the City Manager to represent the City inexecuting the grant in electronic fonnat, as designated grant oversightagent.

IN COUNCIL

READ AND PASSED

KatWeen M. SilviaCity Clerk

Page 156: Counci Docket 08 24

APPLICATION FOR OMB Approval No. 0348·0043

Standard Form 424 (Rev. 7-97)

Prescribed by OMS Circular A-102PrevIous Edltron Usable

Authorized for Local Reproduction

FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier809359388

1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier

[jPIiCatiOn PreapplicationConstruction o Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federalldenlifier

III Non-Construction D Non-Construction5. APPLICANT INFORMATION

Legal Name: Organizational Unit:City of Newport RI Municipal Government

Address (give city, county, Slale, and zip code): Name and telephone number of person to be contacted on matters lnvolvin

43 Broadway this applicalion(give area code)Newport, RI, 02840·2746 Mrs. Julie L Oakley

401·845·9400

6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box)

[IT5]-[I]~0A. State H. Independent School Dist.

08. TYPE OF APPLICATION: B. County I. State Controlled Institution of Higher Learning

GZl New D Continuation D Revision C. Municipal J. Private University

D.-Township K. Indian Tribe

If Revision, enter appropriate letter(s) in box(es) D D E. Interstate L. Individual

F.lntermunicipal M. Profit Organization

A. Increase Award B. Decrease Award C. Increase Duration G. Special District N. Other (Specify)

D. Decrease Duration Other(specify):

9. NAME OF FEDERAL AGENCY:

OEA

10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:

rn-~ Newport NS

TITLE: COMMUNITY ECONOMIC ADJUSTMENT ASSISTANCE FOR EST,

12. AREAS AFFECTED BY PROJECT (Cities, Counties, Slates, etc.):

City

13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF:

Start Date IEnding Dale a. Applicant b. Project

9/1/11 8/31/12 01 01

15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE

ORDER 12372 PROCESS?

a. Federal $ "89,906 a. YES. THIS PREAPPLICATION/APPLICATION WAS MADE

b. Applicant $ ." AVAILABLE TO THE STATE EXECUTIVE ORDER 1237234,827 PROCESS FOR REVIEW ON:

c. State $ "0 DATE

d. Local $ "0 b. No. o PROGRAM IS NOT COVERED BY E. O. 12372

e.Olher $ " 'II OR PROGRAM HAS NOT BEEN SELECTED BY STATE0 FOR REVIEW

f. Program Income $ "0 11. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?

g. TOTAL $ " ~124,733 DYes If "Yes," attach an explanation. GZl No

18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE

DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE

ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.

a. Type Name of Authorized Representative b. Title c. Telephone Number

d. Signature of Authorized Representative 8. Date Signed

..

Page 157: Counci Docket 08 24

/' ,....,~,~"t1- ~

Gatalog of Federal . . .D t

· A . t Estimated Unobligated Funds New or Revised Budgetames Ie SSIS anceNumber r------;F::-e-d::-e-ra-;�--,--~N::-o-n--;:F::-e--;d:-:-e-ra71--+----;F;:-e-d7"e-ra--;1,---,------;-N:-o-n-:.F::-e:-:-d::-e-ra-;I---,----T:;:o:-:-t::-a7"1-----1

(b) (c) (d) (e) (f) (g)

BUDGET INFORMATION - Non-Construction Programs OMS Approval No. 0348-0044

'/{:;i, - ' ~"- ','~ :'~,~. ;;;<§1~ !'~-~"~~=f;~:-}';',,;i~~t~':~;;I::¥"';.~:?I3'Yi$1.~~~~~~1[~~~{cJ?;~~~,*if,~~~;~m,~::~7:~!:<?f;;:D?i" ;rJ ;..~~<=~- -?~-, ~ '.';; "·~;T iZ;'<:/< l: :(':"" II I IGrant Program

Functionor Activity

(al

1.12.607 COMMUNITY ECONOMIC' $ $ $ 89,906.00 ,$ 34,827.00 ,$ 124,733.00

2. 0.00

3. 0.00

4. 0.00

5. Totals $34,827.00 ' $ 124,733.00

65 000 00 ,$

6. Object Class Categories

a. Personnel

(1)

$Federal (2)

GRANT PROGRAM, FUNCTION OR ACTIVITYNon-Federal (3)

34 827 00 ,$

(4)

$ $

Total

(5)

99,827.00

b. Fringe Benefits

c. Travel

d, Equipment

e, Supplies

f. Contractual

g. Construction

h. Other

i. Total Direct Charges (sum of 6a-6h)

j. Indirect Charges

14,950.00 0.00

4,140.00 0.00

0.00 0.00

1,320.00 0.00

0.00 0.00

0.00 0.00

4,496.00 0.00

89,906.00 34,827.00 I 0.00 I 0.00--

0.00 I 0.00

14,950.00

4,140.00

0.00

1,320.00

0.00

0.00

4,496.00

124,733.00

0.00

k. TOTALS (sum of6i and 6j) 124,733.00 .

7. Program Income 0.00

Previous Edition Usable

Authorized for Local Reproduction Standard Form 424A (Rev. 7-97)

Prescribed by OMS Circular A·1 02

Page 158: Counci Docket 08 24

(a) Grant Program

8. Community Economic Adjustment

9.

10.

11.

12. TOTAL (sum oflines 8-11)

13. Federal

14. Non-Federal

15. TOTAL (sum of lines 13 and 14)

$

$

$

$

0.00 1$

0.00

0.00 1$

(b) Applicant

34,827.00 1$

34,827.00 1$

$

0.00 1$

(c) State

0.00 1$

0.00 1$

$

0.00 1$

(d) Other Sources

000 1$

0.00 1$

3rd Quarter

$

0.00 1$

(e) TOTALS

4th Quarter

0.00

0.00

0.00

0.00

0.00

0.00

(a) Grant Program,

bl First

16.Community Economic Adjustment

17.

18.

19.

20. TOTAL (sum of lines 16-19)

$

$

$

0.00 1$

$

0.00 1$

$

0.00 1$ 0.00

21. Direct Charges:

23. Remarks:

Authorized for Local Reproduction Standard Form 424A (Rev. 7-97) Page 2

Page 159: Counci Docket 08 24

Aguidneck Island Reuse Planning Authority

Operational Budget Justification

Grant Period: September 1, 2011 to August 31, 2012 (total 12 months)

Personnel Salary / Fringe Benefits:The Aquidneck Island Reuse Planning Authority (AIRPA) represents the communities ofNewport, Portsmouth and Middletown. The AIRPA requires continued assistance of professionalstaff to undertake the economic adjustment n;sponsibilities associated with the redevelopment ofthe surplus Navy property on Aquidneck Island. The Property Reuse Coordinator (pRC) reportsto AIRPA and is responsible for management and oversight of all operations as it relates to theactivities of the organization (see attached position description). The PRC is also responsible forthe following:

• Serve as the primary contact for OEA, the Navy, the state, and the local jurisdictions• Oversee the BRAC process, the reuse plarming and implementation, serve as the Grant

Point of Contact, oversee the OEA grant, and advise the AIRPA and municipalities• Manage elements of outreach, planning, and disposition of the surplus military property• Implement and enforce all directions provided by the Board of Directors of AIRPA and

its By-Laws• Manage the consultants, monitoring their progress against the scope of work, timing,

funding and deliverablesThe annual salary of the PRC position is $65,000.00 at an hourly rate of $31.25. Total hoursdirectly related to this project is 40 hours a week; 52 weeks (12 months) = $65,000.00 Fringebenefits are estimated at a rate of approximately 23% = $14,950.00 for a total of $79,950.00

In addition to the PRC, the Newport City Manager and City of Newport Director of Finance willcontinue to commit staff time to this project to facilitate all requirements to meet the needs of theAIRPA. The City is requesting that the time directly dedicated to this project over the 12 monthperiod be considered as part of the Non-Federal match.

The City of Newport, City Manager is designated the Grant Authorizing Official (AO)and will be responsible for all grant requirements. This requires coordination with theAIRPA which represents three local jurisdictions. In addition, the AO will review alldocuments pertaining to the redevelopment of the surplus property while providingoversight to the OEA grant process. The armual salary of the City Manager position is$137,248.00 at an hourly rate of $66.00. Total estimated hours directly related to thisproject is (two hours per month x 12 months @ $66.00 per hour) = $1,584.00 PlusFringe benefits at a rate of26% = $412.00 for a total of$I,996.00.

The City of Newport Finance Department's Senior Accoimtant oversees all financialaspects of the AIRPA. She ensures proper entry of all expenditures into the financialmanagement system and reviews all transactions to confirm they are in compliance withall regulatory agencies and the grant budget. The Senior Accountant will assist the GrantAuthorizing Official with all administrative requirements including coordinatingpublications, payables, spreadsheets, posting to OEA, public postings, and othernecessary documents. The annual salary of the Senior Accountant is $63,446.00 at an

1

Page 160: Counci Docket 08 24

hourly rate of $30.50. Total estimated hours directly related to this project (five hoursper month x 12 months @ $30.50 per hour) =$1,830.00. Plus fringe benefits at a rate of25% = $458.00 for a total of $2,288.00.

The city and town planners in each of the three municipalities will be responsible for workingwith the PRC, the hired consultant, attending monthly meetings of the AIRPA, assisting the PRCin making presentations to city and town managers and their respective councils. They also willbe reviewing documents and conducting research for redevelopment issues affecting both theirown communities and the entire region. It is estimated that each planner will spend at least 12hours per month on the project at the following rates of pay and fringe:

City ofNewport, Director of Planning and Development earns an annual salary of$97,000.00 at an hourly rate of$46.64. Total estimated hours directly related to thisproject is (12 hours per month x 12 months @$46.64perhour)=$6,716.16. Plus fringeat a rate of28% = $1,880.52 for a total of$8,596.68.

Middletown Director of Planning and Economic Development earns an annual salary of$86,006.00 at an hourly rate of $41.35. Total estimated hours directly related to thisproject is (12 hours per month x 12 months @ $41.35 per hour) = $5,954.0. Plus fringeat a rate of26 % = $1,548.00 for a total of$7,502.00.

Portsmouth Planning Director earns an annual salary of $72,528.00 at an hourly rate of$34.87 per hour. Total estimated hours directly related to this project is (12 hours permonth x 12 months @ $34.87 per hour) = $5,021.00. Plus fringe at a rate of 41% =$2,059.00 for a total of $7,080.00.

Lastly, as a non-profit representing overall planning and development of all three jurisdictions,the Aquidneck Island Planning Commission (AIPC) will playa role in the redevelopment of thesurplus properties. The AIPC will be responsible for working with the PRC, attending monthlymeetings of the AIRPA, reviewing documents, and assisting the PRC in outreach efforts to thelocal communities, state officials, and the federal delegation. The AIPC is also the officialemployer of the PRC managing the payroll, fringe benefits, rent, and any other expenses incoordination with the City of Newport. It is estimated that the Executive Director will spend atleast 12 hours per month on the project at the following rates ofpay and fringe:

The AIPC Executive Director earns an annual salary of $75,000.00 at an hourly rate of$36.00 per hour. Estimated time dedicated directly to this project is (12 hours per monthx 12 months @ $36 per hour) $5,184.00 Plus fringe at a rate of 23% = $1,192.00 for atotal of $6,376.00.

2

Page 161: Counci Docket 08 24

PERSONNEL FEDERAL SHARE NON-FEDERAL SHARESalary Fringe Total Salary Fringe Total

AIRPAPRC $65,000.00 $14,950.00 $79,950.00 0 0 0Newport City Manager 0 0 0 $1,584.00 $412.00 $1,996.00City of Finance Department 0 0 0 $1,830.00 $458.00 $2,288.00Senior AccountantCity ofNewport Director of 0 0 0 $7,488.00 $2,097.00 $9,585.00Planning, Zoning,Development and InspectionsTown of Middletown Director 0 0 0 $5,954.00 $1,548.00 $7,502.00of Planning and EconomicDevelopmentTown of Portsmouth 0 0 0 $5,021.00 $2059.00 $7,080.00Planning DirectorAIPC Executive Director 0 0 0 $5,184.00 $1,192.00 $6,376.00TOTAL: $65,000.00 $14,950.00 $79,950.00 $27,061.00 $7,766.00 $34,827.0(

Travel:All long distance travel will include per diem for meals; airfare; hotel accommodations; vehicleparking/rentals/cab fares and conference fees. Travel expenses will be in accordance with localwritten travel regulations. The AIRPA anticipates long distance travel to two defense adjustmentconferences. Attending each conference will be the PRe. The following provides a breakdownof all travel requirements:

Annual Winter Conference (Miami, FL) Federal Share Non-Federal Share

Estimated Conference Fee @ $645 $645.00 0

Total per diem rate @$66 (all meals) x 1 Reuse Coordinator x 4 days $264.00 0

Estimated hotel rate@$151.00 for 1 Reuse Coordinator x 3 nights $453.00 0

Estimated hotel tax rate 16.25% x estimated total hotel rate $100.00 0

Estimated Airfare @ $500 $500.00 0

Airport long-term parking @ $28 $28.00 0

Taxi to/from airport and conference site @ $40.00 x 2 trips $80.00 0

Sub-total: $2,070.00 0

Plus one Annual Summer Conference (Monterey, CA) $2,070.00 0

TOTAL for (2) Defense Adjustment Conferences, all inclnsive $4,140.00 0

3

Page 162: Counci Docket 08 24

Supplies:The AIRPA staff will need general office supplies during the 12 month grant period including:paper, ink, staples, pens/pencils, tape, files, envelopes, postage, etc. Estimated cost is $110 permonth x 12 month $1,320.00

Supplies Federal Share Nou Federal Share

General office supplies lal $110 month x 12 months $1,320.00 0TOTAL: $1,320.00 0

'Other' Category:High Speed DSL Internet and Telephone Access from Verizon: Based on AIRPA research,the least expensive plan to provide high-speed internet access is to purchase a one-year plan fromVerizon at approximately $85.00 per month x 12 months = $1,020.00

Blackberry Cell Phone: A Blackberry cell phone is necessary due to the significant amount oftime the PRC will dedicate as she networks with elected and appointed officials, communicateswith interested parties, and contacts AIRPA members. Overall a Blackberry will allow moreextensive, efficient and fully available communications. A Verizon Blackberry Curve will cost$55.00 per month usage fee x 12 months = $660.00

Website Maintenance: The AIRPA will require funds for the maintenance of the LRA'swebsite to keep the public informed of the AIRPA's continued role in the redevelopment of thesurplus property. Based on prior website services the AIRPA estimates that this project will cost$1,000.00.

Directors' and Officers' Liability (D&L): The AIRPA will require D&L insurance forcoverage for a wrongful act committed by a covered party, to include the Board of Directors' andProfessional Staff. The estimated amount for D&L is $1,200.00

Pro-rata share of rent: (Heat and Electric): The total square footage of the Aquidneck IslandPlanning Commission (AIPC) is 1,386 square feet. The office which has been set aside for theReuse Coordinator (PRC) equals 256 square feet, or 19% of the total area. The AIPC pays renton utilities only. Based on established aunual cost of $1,440.00 electric and $1,800.00 oil thetotal is $3,240.00 per year. Therefore, the pro-rata share for the PRC office is $3,240.00 @ 19%= $616.00 per year.

Summary of all 'Other' Budget Items: Federal Share Non-Federal Share

'Other' Budget Items

Internet Access and Land Line (Verizon Service @ $85.00 x 12) $1,020.00 0

Blackberry Curve Cell Phone and Service through Verizon $660.00 0

Website and Maintenance $1,000.00 0

D & L Insurance $1,200.00 0

Pro-rata share of "rent" (heat and electric) @ 19% square footage $616.00 0

TOTAL: $4,496.00 0

4

Page 163: Counci Docket 08 24

TOTALPROJECT COSTS:

CATEGORY FEDERAL NON-FEDERALSHARE SHARE

PRC Personnel $79,950.00 0

Municipal Personnel $34,827.00

Travel $4,140.00 0

Supplies $1,320.00 0

All "Other" Cateo:ories $4,496.00 0

TOTALS $89,906.00 $34,827.00

5

Page 164: Counci Docket 08 24

Aguidneck Island Reuse Planning Authority

Operational Project Narrative

Grant Period: September 1, 2011 to August 31,2012 (total 12 months)

Background:On behalf of the Aquidneck Island Reuse Planning Authority (AIRPA), the grant point of contact

and point of contact for Federal agencies, the City of Newport (fiscal agent) is requestingcontinued Office of Economic Adjustment (OEA) financial grant assistance to support theAIRPA in accomplishing its goals and responsibilities under the Base Realignment and ClosureAct (BRAC) of2005 with respect to Naval Station (NS) Newport. In 2010, the City of Newportjoined with the towns of Middletown and Portsmouth to form a regional Local RedevelopmentAuthority known as AIRPA which was recognized by OEA on May 25. These threecommunities are located on Aquidneck Island, home to NS Newport, which was identified underBRAC 2005 for mission realignments.

NS Newport property was declared surplus by the Navy on February 9, 2010. There are fiveparcels of property located on Aquidneck Island in three separate jurisdictions - Portsmouth,Middletown and Newport, Rhode Island. These properties, totaling about 225 acres, include:

Former Naval Hospital, Newport RIFormer Navy Lodge, Middletown RITank Farm I, Portsmouth RlTank Farm 2, Portsmouth RlMidway/Greene Lane Parcel, StringhamRoad and Portion of Defense Highway

10 acres3 acres

49 acres96 acres

67 acres

Tota!.. 225 acres

Over the last year, with OEA's financial assistance, AIRPA has completed the planning phase ofthe BRAC 2005 process. This planning has resulted in preferred reuse scenarios for each of thefive parcels along with recommended conveyance mechanisms. The former Naval Hospitalreuse scenarios request a mixed use development consisting of hotel, residential, commercial,and/or open space / recreation. The former Navy Lodge parcel also has a mixed land use visionconsisting of retail, commercial, office, and/or transportation depending on intersectionimprovement along the south and west border of the site. Fuel Tank Farms 1 and 2 werecombined in the reuse planning process due to their adjacency. They are envisioned to beredeveloped as office and light industrial with a multimodal parking facility. Lastly, the Midway/ Greene Lane parcel is planned for open space / recreation while the portion of DefenseHighway and Stringham Road will remain transportation corridors.

Page 165: Counci Docket 08 24

Request for Assistance:

Although the surplus property, which is being disposed of by the Navy using the BRAC 2005process, did not have a negative job loss/economic impact on the island, there still existssignificant challenges for the three communities relative to their ability to respond to the BRACrequirements and ultimately to support NS Newport in its mission. The purpose of thisapplication is to seek continued OEA assistance for operational support to carry out theredevelopment implementation process. This assistance would provide for the retention of thefull-time Property Reuse Coordinator (PRe), supplies, travel expenses, and other costsassociated with the operation of AIRPA.

Professional consulting services will most likely be requested at a later date through a grantamendment as it is assumed that at least one economic development conveyance will result fromthe proposed reuse plan for the surplus properties. Therefore in the current operational budget,the contributing match from the City of Newport, Towns of Middletown and Portsmouth, and theAquidneck Island Planning Commission outweighs the required 10% non-federal match.

The Aquidneck Island communities are not in themselves able to financially support the AIRPAefforts. The Rhode Island economy is among the worst in the nation and its unemploymentfigures are among the top three highest in the country, as it has been for the past few years.Further, state aid to cities and towns in Rhode Island for last two budget years has been reducedto bare essentials in a devastating economic climate. But for OEA assistance the AIRPA wouldnot be capable of performing its responsibilities under BRAC in a manner which will fully andcompetently serve the federal process, the Navy, and Aquidneck Island.

Determination ofNeed for AssistanceThe economic climate in Rhode Island, and particularly on Aquidneck Island, is among the worstin the nation. The unemployment rate in Rhode Island is among the highest in country. Budgetdeficits have left the state and its communities devastated. In the RI FY 2010 Budget all stateaid to cities and towns was totally eliminated. This remains the same in RI FY 20II Budget.

The primary economic drivers for Newport, Middletown, and Portsmouth are tourism, defense­related industries and marine trades. Due to the poor economy, tourism and marine trades areexperiencing unprecedented losses, and the defense industry spin-off technology companies onAquidneck are also struggling. Retail shops are closing, a growing number of businesses are inbankruptcy, real estate is down, foreclosures are increasing and commerce and development areflat.

The City ofNewport and the Towns of Portsmouth and Middletown are unable, even collectivelyto provide funds sufficient to support the operation of AIRPA or to employ the PRC who willguide the implementation processes as outline by BRAC regulations. Tax revenues to thesemunicipalities are down, energy and related costs are up, and municipal budgets have beenslashed, in many instances, by 5% or more for at least the second year in a row. With existingbudget deficits and regional economic losses, the communities simply do not have the ability toprovide funding for the BRAC required activities.

2

Page 166: Counci Docket 08 24

The AIRPA requests assistance from OEA to fund, for the second year, the PRC and operationaloverhead to assist the organization so that it may continue to fulfill the BRAC 2005 surplusproperty goals of transferring the parcels resulting in a successful reuse.

Benefits Expected:

NS Newport provides a significant economic contribution to Aquidneck Island and is the thirdlargest employer in the state. In addition, there are numerous defense-related industries locatedon Aquidneck Island which are dependent upon a viable Navy presence to survive. A timely andsuccessful redevelopment process reflects DoD goals and also is crucial to the overall health ofthe economy and quality of life for Aquidneck Island and the State of Rhode Island.

It is essential not only to the success and continuation of the Navy mission in Newport but to thelocal and state economies, that AIRPA provide the planning and implementation structurenecessary to support NS Newport in its realignment and ultimate disposal of 225 acres. In thisway the Navy will achieve their goals. Benefits to the communities from redevelopment of thesurplus property acres include job creation, new tax revenues flowing to the communities, and aleaner and more efficient NS Newport, which is, as noted, the third largest employer in the state.

All procurements with OEA grant funds will be in accordance with applicable State and locallaws and regulations, and applicable Federal laws and regulations, including compliance with theprocurement standards in CFR 32 Part 33, Uniform Administrative Requirements for Grants andcooperative agreements to State and Local Governments. Contractor selection criteria (includingcost) will be included in any RFP that is issued. The Towns of Middletown and Portsmouth, theAquidneck Island Planning Commission and the City of Newport will provide the 10% non­Federal match.

3

Page 167: Counci Docket 08 24

Aguidneck Island Reuse Planning Authority

Job Description

Grant Period: September 1, 2011 to August 31, 2012 (total 12 months)

Property Reuse Coordinator (Project Manager) Job Description:The Property Reuse Coordinator (PRC) will oversee and coordinate reuse planning andimplementation efforts with the appropriate local, regional, state, and federal jurisdictions regardingNaval Station Newport surplus property under the Base Realignment and Closure Act (BRAC) 2005. ThePRC reports to the Aquidneck Island Reuse Planning Authority (AIRPA) working closely with AIRPAmembers, ex-officio members, member communities and state agencies.

The PRC is responsible for management and oversight of all operations as it relates to the activities ofAIRPA. The PRC's responsibilities include but are not limited to the following:

The PRC provides staff support to AIRPA by:• Implementing and enforcing all directions provided by the Board of Directors of AIRPA and

its by-laws.• Advising the AIRPA Chair, AIRPA Board, and stakeholder groups concerning BRAC law and process

related matters, strategy and compliance with the all applicable federal regulations.• Assisting the AIRPA hire a consulting firm and legal counsel consistent with state and federal

guidelines.• Managing the consulting firm and legal counsel, monitoring their progress against the scope of

work, timing, funding and deliverables.• Initiating, cultivating and maintaining good working relationships as the primary contact between the

AIRPA, local jurisdictions, Office of Economic Adjustment (OEA), the Navy, and other federalagencies.

• Ensuring compliance with the State of Rhode Island and local laws and procedures regarding conductof meetings inclnding conducting AIRPA business in an open and transparent manner in accordancewith open meeting laws.

The PRC Implements BRAC Requirements by:• Managing the planning and disposition of the surplus military property.• Seeing the successful property transfer of the surplus property from the Navy to its future

owner via agreed upon conveyance mechanisms.• Ensuring job creation and economic development occur as an outcome of the transfer of the

surplus property.

The PRC keeps Financial and Meeting Records by:• Serving as the Grant Point of Contact and oversee the federal grant.• Liaising with the Grant Anthorizing Official (City of Newport) concerning management and

disbursement of funds.• Coordinating AIRPA and other related meetings, providing supporting documentation, and providing

meeting minntes.

Position requirements include a Bachelor's Degree in Planning, Public Administration or related field andexperience in the disposition of federal property under the BRAC is desirable. Funding for this position is basedentirely on availability offederal grants.

I

Page 168: Counci Docket 08 24

Aguidneck Island Reuse Planning Authority

Scope of Work for Contractors

Grant Period: September 1, 2011 to August 31, 2012 (total 12 months)

No scope of work (SOW) is being submitted with this grant application.

Page 169: Counci Docket 08 24

WHEREAS,

WHEREAS,

WHEREAS,

CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No. 2011-097

the proposed Aquidneck Island Reuse Authority (AIRPA) ReusePlan addresses all surplused Navy properties on AquidneckIsland incl~ding the former U.S. Navy Hospital which consistsof seven acres of land and three acres of submerged propertylocated at the intersection of Third Street and CypressStreet, and

the City Council conducted a public workshop on June 29, 2011at which Aquidneck Island Planning Authority (AIRPA)representatives presented various land use and conveyancemechanisms including recommendations for the former U.S. NavyHospital property, and

the planning process considered four land use scenariosincluding mixed use, residential, research anddevelopment/office uses for the hospital property, and

WHEREAS, the process alsomechanisms includingbenefit conveyance,options, and

considered four potential conveyanceeconomic development conveyance! publicnegotiated sale, and public bid sale

WHEREAS,

WHEREAS,

RESOLVED:

the City of Newport has maintained an active role in theplanning for the property and has considered the various landuse and conveyance mechanism options I and

the City Council desires to properly redevelopment the .forfllerNavy Hospital in order to benefit Newport's economy, qualityof life, and public water access, and NOW THEREFORE BE IT

that the City Council supports the proposed mixed usedevelopment re~~rred to as \\Scenario 2" including a varietyof land uses and public access, plus. the use of a "PublicBenefit Conveyance" mechanism and an "Economic· DevelopmentConveyanceH.mechanism, to be recommended in the AIRPA ~Reuse

Plan" for the former U.S. Navy Hospi1lal property.

IN COUNCILREAD AND PASSED

;July q 2011

Page 170: Counci Docket 08 24

CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

NO. 2010-40

RESOLUTION AFFIRMING THE OFFICIAL NOTICE PRINTED IN THE FEDERALREGISTER ON FEBRUARY 9, 2010 , FORMALLY SURPLUSING NAVY PROPERTIESAND ALLOWING THE COMMUNITIES OF AQUIDNECK ISLAND TO MOVE FORWARD

WITH THE REDEVELOPMENT PROCESS

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

the City of Newport and the Towns of Middletown andPortsmouth, (communities of Aquidneck Island) havebeen preparing for the release of Navy properties since2004 with the collaborative development of the WestSide Master Plan, and

the Department of Defense, on behalf of the Navy,granted four extensions, totaling 150 days, to theDepartment of the Interior, Bureau of Indian Affairs inorder to provide ample and generous time for researchand development of an application to acquire Navylands, and .

on December 4, 2009, the Bureau of Indian Affairsinformed the Navy that it would withdraw itsapplication to further pursue acquisition of federalproperties on Aquidneck Island, and

formal notice of the surplus of proper~ies at NewportNaval Complex appeared in the Federal Register onTuesday, February 8, 2010. Such notice is the officialand legal announcement allowing the BRAC process tomove forward at the regional level, and

the Department of the Interior/Bureau of Indian Affairsnow seeks to retract its withdrawal of December 4,2009, and requests all surplus properties betransferred to the Narragansett Indian Tribe at no fee,with maintenance and operational costs paid for by thefederal government, and the waiving of anyresponsibility to €lean up the land.

the members of the local redevelopment authority(Aquidneck Island Reuse Planning Authority - AIRPA)have been appointed by each municipal Council, haveelected officers, and informally begun the requiredcommunity planning~process, and

surplus properties constitute 260 acres of prime realproperty, most of which overlook Narragansett Bay,including: the former Naval Hospital in Newport, theformer Navy Lodge Property in Middletown, Tank Farms 1

Page 171: Counci Docket 08 24

CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

NO. 2010-40

(Page 2)

and 2 in Portsmouth, the Midway/Greene Lane parcel onNarragansett Bay in Middletown, and Defense Highway(Burma Road) and Stringham Road beginning at the NavalUndersea Warfare Complex and ending at the intersectionof Stringham Road and Route 114 in Portsmouth, and

WHEREAS: These surplus Navy properties represent an incomparableopportunity for economic development, job creation,recreation, infrastructure expansion, access to thesea, transportation improvements and conservation ofsensitive environmental areas for the residents andtaxpayers of Aq~idneck Island and Rhode Island.NOW THEREFORE BE IT

RESOLVED: the Council of the City of Newport unanimously requeststhe support necessary to allow the Aquidneck Islandcommunities to continue with their legally determinedpath. toward redeveloping the surplused Navy properties.AND BE IT FURTHER

RESOLVED that this Resolution be forwarded to the RhodeIsland Congressional delegation, the City's StateLegislative Delegation, all State General Officers, andthe leadership of all Aquidneck Island municipalitiesseeking their support for this resolution.

JEANNE-MARIE NAPOLITANOMARY C. CONNOLLYSTEPHEN R. COYNECHARLES Y. DUNCANKATHRYN E. LEONARDJUSTIN S. MC LAUGHLINSTEPHEN C. WALUK

IN COUNCILREAD AND PASSED

March 10, 2010

Page 172: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No. ~~!.?::'~~.....Page 1 of2

WHEREAS: Naval Station Newport, as part of thenationwide Base Realignment And Closure (BRAC)process, is disposing of 260 acres of military propertyalong the west side of Aquidneck Island; and

WHEREAS: as part of the property disposition processfederal regulations mandate a local coordination effort forcommunities wishing to apply for ownership or control ofthe affected BRAC properties; and

WHEREAS: at the suggestion of the U.S. Department ofJustice, Office of Economic Adjustment, the threeAquidneck Island municipalities formed a regional localredevelopment authority for purposes of complying withthe required BRAC process tasks and for pursuing theavailable federal properties (Aquidneck Island ReusePlanning Authority); and

WHEREAS: to coordinate and house the myriad of tasksassoci.ated with the property disposition process theAquidneck Island Planning Commission (AIPC) has beendesignated as the Point-of-Contact for the threecoinmunities; and

WHEREAS: to support the costs of property analysis,public advertising, market analysis, administrative tasks,reporting, and other BRAC obligations associated with theproperty disposition, the AIPC and AIRPA developed agrant request with assistance from the Office of EconomicAdjustment (OEA; and

Page 173: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL~ ".

No.. ?9.~!l::~.%~, ..Page 2 of2

WHEREAS: the grant request has received favorablereview from the federal awarding agency and is available inthe amount of $438,517 to support the expenses for thenecessary BRAC process tasks, thereby relieving the localcommunities of bearing the costs associated with pursuitof the available properties; and NOW THEREFORE, BE IT

RESOLVED: The Council of the City of Newport acceptthe grant from the U.S. Department of Justice in theamount of $438,517, and, in accordance with the federalgrant guidelines. AND BE IT FURTHER

RESOLVED: that the Council designate the City Managerto represent the City in executing the grant in electronicformat, as the designated grant oversight agent.

IN COUNCIL

READ AND PASSEDJune 23, 2010

thleen M. SilviaCity Clerk

Page 174: Counci Docket 08 24

CITY OF NEWPORT

RESOLUTION

OF

THE COUNCIL

NO. 2009-05

WHEREAS, the Navy published their excess property "Notice ofAvailability" (NOA) for the benefit of otherfederal" agencies on December 23, 2008 whichformally signifies the beginning of the excessingprocess for Navy properties; and

WHEREAS, the City of Newport passed Resolution # 2008-174 onDecember 10, 2008 which created the "AquidneckIsland Re-Use Planning Authority" (AIRPA) to planfor and address future excessed federal propertyincluding the former U.S. Navy Hospital; and

WHEREAS, the AIRPA is comprised of three memberorganizations including the Towns of Middletown andPortsmouth and City of Newport with eachmunicipality having two (2) voting representativesand one (1) alternate representative; and

WHEREAS, the Towns of Middletown and Portsmouth haveendorsed the AIRPA and appointed representativesfrom Planning Board and Redevelopment Agencies; and

WHEREAS, the City of Newport needs to appoint two (2) votingmembers and one (1) alternate voting member so thatthe AIRPA has a full membership for its firstmeeting. NOW THEREFORE BE IT

RESOLVED: that the City of Newport appoints Naomi Nevillefrom the Newport Planning Board and WilliamCorcoran Jr. from the Newport Redevelopment Agencyas Newport's two (2) voting members and BruceBartlett as Newport's alternate voting member toserve on the AIRPA in accordance with the terms ofthe approved AIRPA by-laws.

NEWPORT CITY COUNCIL

IN COUNCILREAD AND PASSEDJanuary 14, 20 9

L· .

Page 175: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

2008-174No ..

WHEREAS, the federal government has completed a recentBase Realignment and Closure (BRAC) process andwill soon excess approximately 384 acres alongthe West Side of Aquidneck Island including theformer U.S. Navy Hospital site; and

WHEREAS,the federal government has expressed a desirefor the three communities to collaborate informing a unified (regional) LocalRedevelopment Agency (LRA) to serve theindividual and collective interests of theparticipating communities; and

WHEREAS, the Newport City Council approved ResolutionNo. 2008-89 conceptually supports the creationof a regional agency; and

WHEREAS, staff have refined the regional approachthrough direct communication with the Towns ofMiddletown and Portsmouth, the U. S. Office ofEconomic Adjustment, and the Rhode IslandEconomic Development Corporation (RIEDe); and

WHEREAS, by-laws have been developed for the creation ofthe "Aquidneck Island Re-Use PlanningAuthority" (AIRPA) and a Memorandum ofUnderstanding has been developed with the RhodeIsland Economic Development Corporation therebyforming a partnership. NOW THEREFORE BE IT

RESOLVED: The City of Newport authorizes the creation ofthe "Aquidneck Island Re-Use PlanningAuthority" through passage of the draft by-lawsand approves the "Memorandum of Understanding"with the Rhode Island Economic DevelopmentCorporation for signature by the Mayor subjectto City Solicitor review and approval and alsoendorsement by both the Towns of Middletown andPortsmouth.

IN COUNCIL

READ AND PASSEDDecember 10, 2008

Page 176: Counci Docket 08 24

Communication # 4894/11Docket Date: August 24,2011

City of Newport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:Staff Presentation:

RECOMMENDATION:

Mayor Stephen C. Waluk & MeEdward F. Lavallee, City ManaAugust 2, 2011City of Newport & Aquidneck Island Reuse Planning Authority AgreementPaige R. Bronk, PZD&I Department DirectorLaura L. Sitrin, Finance Department Director

Approve resolution authorizing the execution of an agreement between the City of Newport and Aquidneck Island Reuseand Planning Authority (AIRPA) for the use of federal grant funds.

BACKGROUND AND FINDINGS:

The City Council approved acceptance of a prior federal grant and Interlocal Agreement with AIRPA, pertaining to BaseRealignment and Closure (BRAC) property reuse and planning for $438,517, at the June 23,2010 and the July 14,2010Council meetings. AIRPA has applied for a second grant in the amount of $89,906 to continue this initiative. Thefederal Office of Economic Adjustment (OEA) advised that the City should enter into an updated agreement between theCity of Newport and Aquidneck Island Reuse and Planning Authority (AIRPA) to address the disbursement of federalfunding to this designated regional redevelopment authority. This agreement clearly specifies the duties and obligationsof the AIRPA in relation to the disbursement of funds from OEA and City ofNewport.

OEA provided a template that has been used with other communities across the country that was the foundation for theproposed City of Newport!AIRPA agreement. The grant fund will pay for all expenses related to this AIRPA planningprogram. This is presented in conjunction with the Council Action Form and Resolution approving the grant applicationfor the second grant.

PREVIOUS LEGISLATIVE ACTION

Resolutions #2010-111, # 2010-102, # 2010-40, # 2010-02, and # 2009-05

FISCAL IMPACT

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

SUPPORTING DOCUMENTS

ResolutionProposed Agreement

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

Page 177: Counci Docket 08 24

WHEREAS,

WHEREAS,

WHEREAS,

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No ..

the City of Newport has applied for $89,906 infederal funds from the Office of EconomicAdjustment (OEA) to assist with the reuse andplanning for the disposition of 260 acres ofmilitary property on Aquidneck Island, which isa follow-on award from OEA to the grant for$438,517 approved on June 23, 2010; and

the City Council approved the grant applicationon August 24, 2011; and

the OEA requests that the City of Newport nowenter into a second agreement with theAquidneck Island Reuse and Planning Authority(AIRPA) to address the disbursement of funds to

AIRPA and to identify their duties andobligations in relation to using such funds.NOW THEREFORE BE IT

RESOLVED:

IN COUNCIL

that theagreementagreementreview of

City council approves the proposedand authorize the Mayor to sign saidon behalf of the City subject to

the City Solicitor.

READ AND PASSED

Kathleen M. SilviaCity Clerk

Page 178: Counci Docket 08 24

Inter-Local Agreementbetween the

City ofNewport, Rhode Islandand the

Aquidneck Island Reuse Planning Authority

This Inter-Local Agreement ("Agreement"), dated this day of , 2011, isby and between the City of Newport, Rhode Island ("Newport"), and the Aquidneck IslandReuse Planning Authority ("AIRPA"), a regional authority established by the City and TownCouncils of the City and the Towns of Middletown and Portsmouth, Rhode Island and approvedas an Authority by the Office of Economic Adjustment and listed on the Federal Register.

WHEREAS, Newport has entered into a grant agreement with the Office of EconomicAdjustment ("OEA") on the behalfof the Department of Defense; and

WHEREAS, Newport is required to execute a written inter-local agreement with AIRPAprior to distributing any OEA program funds provided to AIRPA; and

WHEREAS, the inter-local agreement must be in effect during any period in whichAIRPA receives OEA program funds, including any program income; and

WHEREAS, AIRPA is legally obligated to undertake all necessary actions, as determinedby Newport, and as authorized by Federal, State and Local laws to carry out the requirements ofthe OEA grant and other applicable laws as set forth below;

NOW, therefore, in consideration of the foregoing, and subject to any conditionscontained herein, Newport and AIRPA agree as follows:

1. Compliance by the AIRPA

A. Overall Compliance: AIRPA and any consultant/contractor operating under the termsof the Agreement shall comply with all Federal, State and local laws applicable to itsactivities; 32 CFR Part 33, "Uniform Administrative Requirements for Grants andCooperative Agreements to State and Local Governments"; Office of Managementand Budget (OMB) Circulars A-133, "Audits of States, Local Governments and Non­Profit Organizations"; and 32 CFR Part 28, "New Restrictions on Lobbying(Grants)."

B. Debarment and Suspension: AIRPA agrees to comply with the requirementsregarding debarment and suspension in Subpart C of the OMB guidance in 2 CFRPart 180, as implemented by the Department of Defense in 2 CFR Part 1125. AIRPAalso agrees to communicate the requirement to comply with Subpart C to persons atthe next lower tier with whom the recipient enters into transactions that are "coveredtransactions" under Subpart B of 2 CFR Part 180 and the DoD implementation in 2CFR Part 1125.

1

Page 179: Counci Docket 08 24

C. Drug-Free Workplace: AIRPA agrees to comply with the requirements regardingdrug-free workplace in Subpart B of 32 CFR Part 26, which implements sec. 5151­5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D;41 U.S.C. § 701, et seq.).

D. Hatch Act: AIRPA is advised that its employees may be subject to the Hatch Act (5U.S.C. § 1501-1508). If doubt exists in particular cases, the AIRPA should seek legalcounsel.

E. Agreement Terms and Conditions: AIRPA and any consultant/contractor employedunder this grant shall comply with the terms of this Agreement. The decision ofNewport in interpreting the Terms and Conditions ofthis grant shall be final.

2. Terms and Conditions

A. The grant period is from September I, 2011, through November 30, 2012. Thisagreement will automatically extend with any additional extensions to the OEA grantagreement.

B. AIRPA assures that $34,827 of the total project costs shall be contributed by non­Federal sources as in-kind match.

C. Any funds actually advanced by Newport and not needed for an eligible activity shallbe returned immediately to Newport.

D. Newport may terminate this Agreement in whole, or in part, ifAIRPA materially failsto comply with any term or condition of this Agreement. Additional enforcementremedies for non-compliance and termination provisions, pursuant to 32 CFR Part 33,apply to this award.

E. AIRPA is the responsible authority, without recourse to Newport, regarding thesettlement and satisfaction of all contractual and administrative issues arising out ofprocurements entered into in support of this Agreement.

F. Activities Prohibited

a) Duplication of Work: The purpose and scope of work for which this Agreement ismade shall not duplicate programs for which moneys have been received, arecommitted, or are applied for from other sources, public or private. Upon requestof Newport, AIRPA shall submit full information about related programs that willbe initiated within the term ofthis Agreement.

b) Other Funding Sources: Newport's funds budgeted or granted for this programshall not be used to replace any financial support previously provided or assuredfrom any other source.

c) Funds for Attorney/Consultant Fees: The AIRPA hereby agrees that no fundsmade available pursuant to this Agreement shall be used, directly or indirectly, for

2

Page 180: Counci Docket 08 24

paying attorneys' or consultants' fees in connection with securing funds or otherservices provided by Newport or aBA, for example, preparing the application forthis assistance. However, attorneys' and consultants' fees incurred for meeting therequirements to have eligible activities funded by Newport from grant funds maybe eligible project costs and may be paid out of funds made available from thisgrant provided such costs are otherwise eligible.

G. Use of Consultants/Contractors

a) Procurement of consultant or contractor services shall be in accordance with allstandards and procedures set forth in 32 CFR Part 33. The following terms areintended merely to highlight some of these standards and are, therefore, notinclusive.

b) All procurement transactions, regardless of whether negotiated or advertised andwithout regard to dollar value, shall be conducted in a manner that providesmaximum open and free competition.

c) Formal advertising, with adequate purchase description, sealed bids, and publicopenings, shall not be required for small purchase procurements under $5,000 inthe aggregate unless otherwise required by State or local law or regulations. Ifsmall purchase procedures are used, price or rate quotations shall be obtained.

d) AIRPA shall maintain a code or standards of conduct which shall govern theperformance of its officers, employees, or agents in contracting. with andexpending Federal grant funds. AIRPA's officers, employees, or agents shallneither solicit nor accept gratuities, favors, or anything of monetary value from acontractor or potential contractor. To the extent permissible by State or local law,rules, or regulations, such standards shall provide for penalties, sanctions, or otherdisciplinary actions to be applied for violations of such standards either byAIRPA's officers, employees, or agents, or by contractors or their guests.

H. Separate Bank/Fund Accounts

AIRPA is not required to establish a separate bank account but may do so. AIRPA,however, must maintain accounting records to adequately identify the source andapplication of grant funds. Other considerations, such as FDIC coverage, shall be inaccordance with the provisions of 32 CFR Part 33. AIRPA will provide fundingexpenditure reports to Newport as needed.

I. Grant Payments

a) Disbursement of funds to AIRPA shall be in the amounts set forth in the budgetand shall be made only for the costs which have been determined by Newport tohave been property incurred by AIRPA.

b) Request for disbursements shall be made to Newport in writing for reimbursementofauthorized expenditures within the scope of the project.

3

Page 181: Counci Docket 08 24

c) Grant funds for contractual services will be disbursed on a reimbursement basisonly. Advance of up to 90 days may be requested for operational support, ifeligible. When grant payments are cash advances, the amount requested will belimited to that actually required.

J. Term ofAgreement

Unless terminated earlier, this Agreement shall remain in full force and effect untilwork/scope of service hereunder has been completed to the satisfaction of Newport,and all reports required by this Agreement or by OEA have been submitted andapproved and all outstanding issues between the parties hereto have been resolved.

K. Reimbursement for Travel

Reimbursement for travel (transportation, food, and lodging) in the performance ofofficial grant activities shall be consistent with those normally allowed in likecircumstances in the non-Federally sponsored activities of AIRPA. AIRPA mayfollow its own established rate but any travel allowance policies in excess of Federallimits must receive prior approval from Newport.

L. Office Equipment

All requests to purchase equipment (including software) with an estimated acquisitioncost ofmore than $5,000 shall be submitted to Newport for prior approval.

M. Expenses and Purchases Excluded

a) Funds budgeted under this Agreement may not be used for marketing ofentertainment expenses.

b) Funds budgeted under this Agreement may not be used for capital assets, such asthe purchase of vehicles, improvements and renovation of space, and repair andmaintenance of privately owned vehicles.

N. AIRPA Reporting

I. Interim performance reports and a final performance report are required for thisgrant. The performance reports will contain information on the following:

a) A comparison of actual accomplishments to the objectives establishedfor the period.

b) The reasons for slippage if established objectives were not met.

c) Additional pertinent information when appropriate.

4

Page 182: Counci Docket 08 24

d) An accounting of actual and projected quarterly expenditures by thebudget line items approved in the grant. The amount of Federal cashon hand at the beginning and end of the reporting period must also beprovided.

e) The final performance report must contain a summary of activities forthe entire grant period. All required deliverables should be submittedwith the final performance report.

2. The final SF 269A, "Financial Status Report," shall be submitted to Newportwithin 90 days after termination of this Agreement. Any grant funds actuallyadvanced and not needed for grant purposes shall be returned immediately toNewport.

3. At a minimum, LRA must retain all records relating to this program for at leastthree (3) years following the submission of the final financial report. All recordsmust be made available to Newport and OEA upon request.

O. Contractor Deliverables

1. A disclaimer statement will appear on the title page of any study prepared underthis grant. It will read:

"This study was prepared under contract with the Aquidneck Island ReusePlanning Authority, Rhode Island with financial support from the Office ofEconomic Adjustment, Department of Defense. The content reflects the views ofthe AIRPA and does not necessarily reflect the views of the Office of EconomicAdjustment."

2. The contractor identification will appear on the title page of the analysis fundedpursuant to this Agreement.

3. Any final study shall be submitted electronically. The document will be dated themonth and year that it is submitted to Newport.

P. Audits

1. The Aquidneck Island Reuse Planning Authority understands that Newport isrequired by OMB Circular A-133 and the Single Audit Act, 31 U.S.C. § 7502(h)to furnish a sufficient number of copies of audit reports to a Government wideclearing house established by OMB. The AIRPA agrees to cooperate with theCity ofNewport and its auditors regarding their audit.

2. Newport shall send the audit reports to:Single Audit Clearinghouse1201 E. 10th StreetJeffersonville, IN 47132

5

Page 183: Counci Docket 08 24

3. The Department of Defense reserves the right to conduct an independent follow­up audit.

3. Special Conditions

The purpose and scope of this award is to undertake community economic adjustmentactivities related to the creation of a redevelopment plan and to conduct relatedactivities to enable the productive reuse of surplus properties at Naval StationNewport. Changes in the specific activities described in the application and the termsand conditions of this award are allowable only if approved by Newport.

"Funds provided under this award may not be used to directly identify or assist abusiness, including a business expansion, in the relocation of a plant, facility, oroperation from one Labor Market Area (LMA) to another if the relocation is likely toresult in the loss ofjobs in the LMA from which the relocation occurs."

4. Amendments

The parties may amend this Agreement at any time provided such amendments makespecific reference to this Agreement, and are executed in writing, signed by a dulyauthorized representative of both organizations. Newport may, in its discretion,amend this Agreement to conform with federal, state or local government guidelines,policies, and available funding amounts, or for other reasons. If such amendmentsresult in a change in the funding, (which in all cases is subject to the provision thatthe funding level set forth in this Agreement is contingent upon the availability offunding from DoD, pursuant to the OEA Grant Agreement), the SOW, or the scheduleof activities to be undertaken as a part of this Agreement, such modifications will beincorporated only by written amendment signed by both Newport and AIRPA.

5. Additional Matters

A. Liability

Neither party assumes liability for the acts or omissions of the other party, or agentsof the other party. Nothing in this Agreement shall be construed to limit or extend theimmunities of one party and its agents with respect to any other party or its agents.Each party shall remain liable for acts or omission of its own agents or employeeswithin the limits of applicable law. Nothing in this Agreement shall be construed towaive any immunities or privileges afforded by law. Any liability assumed by eitherparty is not intended to create any rights in third parties.

B. Headings

All headings in this Agreement are intended for conventions of reference only and arenot to be deemed or taken as a summary of the provisions to which they pertain or asa construction thereof.

6

Page 184: Counci Docket 08 24

C. Counterpart Execution

A facsimile transmittal of a signed acceptance, addendum, amendment or noticerelating to this Agreement shall be deemed the equivalent of the original. ThisAgreement may be executed in counterparts, each of which considered together shallconstitute the original Agreement.

D. It is understood that the use of the singular herein shall include the plural and viceversa, and that the use of the masculine personal pronoun shall include all genders.

Honorable Stephen C. Waluk, MayorCity of Newport

7

Frederick W. Faerber III, ChairmanAquidneck Island Reuse PlanningAuthority

Page 185: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

WHEREAS, the City of Newport was awarded $438,517 infederal funds from the Office of EconomicAdjustment (OEA) to assist with the reuse andplanning for the disposition of 260 acres ofmilitary property on Aquidneck Island;

WHEREAS, the CityJune 23,102;

Council accepted the grant award on2010 by approving Resolution #2010-

WHEREAS, the OEA requests that the City of Newport nowenter into an agreement with the AquidneckIsland Reuse and Planning Authority (AIRPA) toaddress the disbursement of funds to AIRPA andto identify their duties and obligations inrelation to using such funds. NOW, THEREFORE,BE IT

RESOLVED: that the City Council approves the proposedagreement and authorizes the Mayor to sign saidagreement on behalf of the City Bubject tofavorable review by the city Solicitor.

IN COUNCIL

READ AND PASSEDJuly l!l, 2010

Silvia

Page 186: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No. ~~~.?:.~~~.....Page 1 of2

WHEREAS: Naval Station Newport, as part of thenationwide Base Realignment And Closure (BRAC)process, is disposing of 260 acres of military propertyalong the west side of Aquidneck Island; and

WHEREAS: as part of the property disposition processfederal regulations mandate a local coordination effort forcommunities wishing to apply for ownership or control ofthe affected BRAC properties; and

WHEREAS: at the suggestion of the U.S. Department ofJustice, Office of Economic Adjustment, the threeAquidneck Island municipalities formed a regional localredevelopment authority for purposes of complying withthe required BRAC process tasks and for pursuing theavailable federal properties (Aquidneck Island ReusePlanning Authority); and

WHEREAS: to coordinate and house the myriad of tasksassoci.ated with the property disposition process theAquidneck Island Planning Commission (AIPC) has beendesignated as the Point-of-Contact for the threecommunities; and

WHEREAS: to support the costs of property analysis,public advertising, market analysis, administrative tasks,reporting, and other BRAC obligations associated with theproperty disposition, the AIPC and AIRPA developed agrant request with assistance from the Office of EconomicAdjustment (OEA; and

Page 187: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL\:

No.. f.9J.Q ;-).~~'"

Page 2 of2

WHEREAS: the grant request has received favorablereview from the federal awarding agency and is available inthe amount of $438,517 to support the expenses for thenecessary BRAC process tasks, thereby relieving the localcommunities of bearing the costs associated with pursuitof the available properties; and NOW THEREFORE, BE IT

RESOLVED: The Council of the City of Newport acceptthe grant from the U.S. Department of Justice in theamount of $438,517, and, in accordance with the federalgrant guidelines. AND BE IT FURTHER

RESOLVED: that the Council designate the City Managerto represent the City in executing the grant in electronicformat, as the designated grant oversight agent.

IN COUNCIL

READ AND PASSEDJune 23, 2010

thleen M. SilviaCity Clerk

Page 188: Counci Docket 08 24

CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

NO. 2010-40

RESOLUTION AFFIRMING THE OFFICIAL NOTICE PRINTED IN THE FEDERALREGISTER ON FEBRUARY 9, 2010, FORMALLY SURPLUSING NAVY PROPERTIESAND ALLOWING THE COMMUNITIES OF AQUIDNECK ISLAND TO MOVE FORWARD

WITH THE REDEVELOPMENT PROCESS

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

the City of Newport and the Towns of Middletown andPortsmouth, (communities of Aquidneck Island) havebeen preparing for the release of Navy properties since2004 with the collaborative development of the WestSide Master Plan, .and

the Department of Defense, on behalf of the Navy,granted four extensions, totaling 150 days, to theDepartment of the Interior, Bureau of Indian Affairs inorder to provide ample and generous time for researchand development of an application to acquire Navylands, and .

on December 4, 2009, the Bureau of Indian Affairsinformed the Navy that it would withdraw itsapplication to further pursue acquisition of federalproperties on Aquidneck Island, and

formal notice of the surplus of proper~ies at NewportNaval Complex appeared in the Federal Register onTuesday, February 8, 2010. Such notice is the officialand legal announcement allowing the BRAC process tomove forward at the regional level, and

the Department of the Interior/Bureau of Indian Affairsnow seeks to retract its withdrawal of December 4,2009, and requests all surplus properties betransferred to the Narragansett Indian Tribe at no fee,with maintenance and operational costs paid for by thefederal government, and the waiving of anyresponsibility to clean up the land.

the members of the local redevelopment authority(Aquidneck Island Reuse Planning Authority - AIRPA)have been appointed by each municipal Council, haveelected officers, and informally begun the requiredcommunity planning"process, and

surplus properties constitute 260 acres of prime realproperty, most of which overlook Narragansett Bay,including: the former Naval Hospital in Newport, theformer Navy Lodge Property in Middletown, Tank Farms 1

Page 189: Counci Docket 08 24

CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

NO. 2010-40

(Page 2)

and 2 in Portsmouth, the Midway/Greene Lane parcel onNarragansett Bay in Middletown, and Defense Highway(Burma Road) and Stringham Road beginning at the NavalUndersea Warfare complex and ending at the intersectionof Stringham Road and Route 114 in Portsmouth, and

WHEREAS: These surplus Navy properties represent an incomparableopportunity for economic development, job creation,recreation, infrastructure expansion, access to thesea, transportation improvements and conservation ofsensitive environmental areas for the residents andtaxpayers of Aq~idneck Island and Rhode Island.NOW THEREFORE BE IT

RESOLVED: the Council of the City of Newport unanimously requeststhe support necessary to allow the Aquidneck Islandcommunities to continue with their legally determinedpath toward redeveloping the surplused Navy properties.AND BE IT FURTHER

RESOLVED that this Resolution be forwarded to the RhodeIsland Congressional delegation, the City's StateLegislative Delegation, all State General Officers, andthe leadership of all Aquidneck Island municipalitiesseeking their support for this resolution.

JEANNE-MARIE NAPOLITANOMARY C. CONNOLLYSTEPHEN R. COYNECHARLES Y. DUNCANKATHRYN E. LEONARDJUSTIN S. MC LAUGHLINS'l'EPHEN C. WALUK

IN COUNCILREAD AND PASSED

March 10, 2010

Page 190: Counci Docket 08 24

CITY OF NEWPORTRESOLUTION

OFTHE COUNCIL

NO. 2010-02

WHEREAS, the City of Newport has been actively involved in pursuingopportunities for acquisition of properties in the north end of the Cityfor future economic development; and

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

WHEREAS, one of the identified parcel for disposal is an eight-acre section ofland abutting Third Street in Newport, and encompassing the site ofthe former Navy Hospital; and

WHEREAS, when the City has invested considerable energies to during the pasttwo years in the interest of acquiring the Naval Hospital site; and

WHEREAS, such involvement includes participating in the formation andoperation of an island-wide Local Redevelopment Agency forpurposes of meeting federal mandates and for Working with stateand federal agencies towards application for anticipated excessedfederal properties; and

WHEREAS, acquisition and redevelopment of the Naval Hospital site would be akey component in support of the City's north end development plan;would provide opportunities for property value improvement,enhanced public use, and overall community benefit. NOW,THEREFORE, BE IT

RESOLVED: that the Newport City Council communicate to State and Federallegislators the City's earnest interest in acquiring the Naval Hospitalsite for redevelopment, and convey that such acquisition would be ofsignificant public benefit in support of the City's economicdevelopment plan. AND BE IT FURTHER

RESOLVED: that the City Council request of the legislative delegation theirassistance and support in the City's efforts to acquire the excessedproperty.

KATHRYN E. LEONARDIN COUNCILREAD AND PASSED

Page 191: Counci Docket 08 24

CITY OF NEWPORT

RESOLUTION

OF

THE COUNCIL

NO. 2009-05,

WHEREAS, the Navy published their excess property "Notice ofAvailability" (NOA) for the benefit of otherfederal agencies on December 23, 2008 whichformally signifies the beginning of the excessingprocess for Navy properties; and

WHEREAS, the City of Newport passed Resolution # 2008-174 onDecember 10, 2008 which created the "AquidneckIsland Re-Use Planning Authority" (AIRPA) to planfor and address future excessed federal propertyincluding the former U.S. Navy Hospital; and

WHEREAS, the AIRPA is comprised of three memberorganizations including the Towns of Middletown andPortsmouth and City of Newport with eachmunicipality having two (2) voting representativesand one (1) alternate representative; and

WHEREAS, the Towns of Middletown and Portsmouth haveendorsed. the AIRPA and appointed representativesfrom Planning Board and Redevelopment Agencies; and

WHEREAS, the City of Newport needs to appoint two (2) votingmembers and one (1) alternate voting member so thatthe AIRPA has a full membership for its firstmeeting. NOW THEREFORE BE IT

RESOLVED: that the City of Newport appoints Naomi Nevillefrom the Newport Planning Board and WilliamCorcoran Jr. from the Newport Redevelopment Agencyas Newport's two (2) voting members and BruceBartlett as Newport's alternate voting member toserve on the AIRPA in accordance with the terms ofthe approved AIRPA by-laws.

NEWPORT CITY COUNCIL

IN COUNCILREAD AND PASSEDJanuary 14, 20 9L .

Page 192: Counci Docket 08 24

Communication # 4895/11Docket Date: August 24,2011

City ofNewport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:

Staff Presentation:

RECOMMENDATION:

Mayor Stepben C. Waluk & MembFersof tbe City CouncilEdward F. Lavallee, City Manager11 August 2011Contract Cbange Order for Design-Build of Fire Suppression (Sprinkler)System for Transient Boater Facility (Beacb Level of tbe Harbor Center)Andrew DeIonno, Planner

Approve the accompanying Contract Change Order in the amount of $20,453 to design build a ftre suppression(sprinkler) system for the Harbor Center transient boater facility.

BACKGROUND AND FINDINGS:

The City Council approved the bid for construction of the Harbor Center transient boater facility at beach level at theArmory, Resolution #2011-023 for $664,647. Subsequent code and plan review revealed that the proposed change inuse of the physical space from 'storage' to 'accessory to mercantile' requires a ftre suppression (sprinkler) system.

The contractor solicited three bids from ftre protection subcontractors. The lowest bid was $20,453 and the price doesnot include the trenching for the supply main or electrical work, which cost cannot be determined until the design buildplans are produced. Once that cost has been determined, a subsequent request for funding approval will be submitted tothe Council.

The supply main to be installed will have sufficient capacity to supply any future expansion of ftre suppression for ftrstand second stories at current code requirements.

PREVIOUS LEGISLATIVE ACTION

Resolution 2011-023-Approval ofContract for the design-build of beach level transient boater facility.

FISCAL IMPACT

l Currently Budgeted (Account 04-190-5000-50440 (Activity 044981-50440) _ Requires additional appropriation____ }/o Fiscal Irnpact

SUPPORTING DOCUMENTSResolutionChange Proposal

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

Page 193: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No ..

WHEREAS: The City of Council approved the Design­Build Public Boating Visitor Center (Resolution No. 2011­023) at a not to exceed price of $664,647.

WHEREAS: The Transient Boater Facility requiressprinklers as a result of the building and life safety codes.

WHEREAS: The contractor solicited three priceproposals for a change order to furnish the design-build ofa fire suppression system (sprinklers).

WHEREAS: The lowest most qualified bidder IS AAAsprinkler at $20,453.

NOW THEREFORE, BE IT RESOLVED: That the contract,with Alhambra Building Company, Warwick, RI is herebyincreased in the amount of $20,453, and the Mayor isauthorized to sign said change order on behalf of the City,subject to favorable review by the City Solicitor.

IN COUNCILREAD AND PASSED

Kathleen M. SilviaCity Clerk

Page 194: Counci Docket 08 24

To: City of Newpor!........ 43 Broadway.. .

Newporl, RI02640Andrew Delonno

CHANGE PROPOSALChan e Estimate #OO1R1

SubmlUed By:Rick AmaralNeport Public Boaters Faclll!

8/1112011Description of Changes Amount

(Supplemental Plans, Specifications andfor Quotes Attached)

The following change proposal Is for the design build fire protectionwork as roqutred by the local fire official. The work Is limited toproviding fire protection to the new Public Boalers Facility only.The neW fire protection system will have the capacity for futureexpansion 10 service the balance of the buildingPlease nota this proposal does not Incillde the excavation to bringthe selVlce Into the bllllding and any electrical work assoclatad with thasystam, as tha scopa o(work can not be determined IIntll the "ra protectiondesign blllld plans ara produced by the "ra protection colltractor.

AAA Sprinkler

Trl State Fire Prolectlon $21,890.Pleroe Fire Protection $25,850.

$20,453.00

Subtotel: $20,453.00Bond: % $0.00Sales Tax 7% 1- ..,$:::0".0:::40

$0.00$0.00

TOTAL Tolal C.P, $20,453.00

This change will add TBD working days to the project schedule. Although we will make every effort tocomplete this work with In our orlglnallerms, We also reserve the right for an exlenUon of Ume and tobe com ensated for this extentlon.

Page 195: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

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

WHEREAS: The City of Newport requested QualificationsStatements and Sealed Bids for Design-Build PublicBoating Visitor Center # ll-007. Bids were received on 30August 2010.

WHEREAS: Award is recommended to the lowest, mostqualified bidder being Alhambra Building Company ofWarwick, RI at their bid price of $664,647.

NOW THEREFORE, BE IT RESOLVED: That the bid ofAlhambra Building Company, Warwick, RI is herebyaccepted at a total not to exceed cost of $664,647 and theMayor is authorized to sign said contract on behalf of theCity, subject to favorable review by the City Solicitor.

IN COUNCILREAD AND PASSEDFebruary 23, 2011

thleen M. SilviaCity Clerk

Page 196: Counci Docket 08 24

Communication # 4896/11Docket Date: August 24,2011

City ofNewport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:Staff Preseutatiou:

RECOMMENDATION:

Mayor Stepheu C. Waluk & MemwJ~ 9Mhe City CouucilEdward F. Lavallee, City Managel:.VV9 August 2011Perrotti Park Long Wbarf Transient Dock RIDEM Grant AgreementTim Mills, Harbormaster

Approve the accompanying RIDEM Boating Infrastructure Grant Agreement for 75-25% match grant for $299,750 toconstruct a transient dock system at Perrotti Park Long Wharf.

BACKGROUND AND FINDINGS:

The City Council approved the bid for construction of a floating dock system at Perrotti Park Long Wharf, Bid #1 1-03325 May 20 II for $400,000. The matching grant from RIDEM and US Department of Fish and Wildlife (Tier OneBoating Infrastructure Grant) has been revised for the total amount of $299,750 (seventy-five percent of the projectcost).

Required matching funds (twenty-five percent) are from the Maritime Fund Budget designated for this activity.

PREVIOUS LEGISLATIVE ACTION

Resolution #2011-075-Approval of Bid #1l-033-Contract Award Perrotti Park Long Wharf Transient DockConstruction.

FISCAL IMPACT

l Currently Budgeted (Account 04-190-5000-50440 (Activity 044871) _ Requires additional appropriation____ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionRIDEM Grant Agreement

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

Page 197: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No .

WHEREAS: On 25 May 2011 the City Council approved acontract for the Construction of Transient Docks atPerrotti Park and Long Wharf (Resolution 2011-075).

WHEREAS: The Rhode Island Department ofEnvironmental Management requires a finalized grantcontract (agreement) so as to provide $299,750 (75% of theproject costs).

NOW THEREFORE, BE IT RESOLVED: That the grantcontract is hereby approved and the Mayor is authorizedto sign said contract on behalf of the City, subject tofavorable review by the City Solicitor.

IN COUNCILREAD AND PASSED

Kathleen M. SilviaCity Clerk

Page 198: Counci Docket 08 24

Rhode Island Boating Infrastructure Grant ProgramGrant Award Agreement

This Agreement is made between THE CITY OF NEWPORT (hereinafter referred to as the

"Grantee") and the STATE OF RHODE ISLAND through the DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT DIVISION OF FISH and WILDLIFE (hereinafter referred to as the "State").

WHEREAS, the Grantee has made application for issuance ofa partial reimbursement grant (Y-I-3)

in order to obtain financial assistance in three phases in order to obtain engineering services which will

allow the Grantee to construct 3,015 SF of the transient docks with associated piles, and aluminum

transition plates (hereinafter referred to as the "Application"), pursuant to the Boating Infrastructure Grant

Program Rules and Regulations and Title 50 CFR Part 80, Administrative Requirements of the Pittman­

Robertson Wildlife Restoration and the Dingell-Jobnson Sport Fish Restoration Acts, (collectively the

"Rules and Regulations"), the terms and conditions of said Rules and Regulations are hereby incorporated

by reference herein;

WHEREAS, the State has granted the Application (the "Grant"); and

WHEREAS, compliance with the conditions of this Agreement and of the Rules and Regulations are

deemed essential to the State, noncompliance may result in tile Grantee being obligated to reimburse the

State for the Grant received by the Grantee.

WITNESSETH: In consideration of the Premises, and for other good and valuable consideration the

receipt and sufficiency of which are hereby acknowledged, the Grantee and the State hereby covenant and

agree as follows:

I. The Grantee agrees:

(a) To ensure that any funded facility is equally available to all recreational boaters, including

those with physical handicaps, on a non-discriminatory first come, first-served basis.

(b) To build, operate and maintain the facility according to plans and specifications submitted to

and approved by the State prior to the expenditure of any funds, and to do so for the useful life of

the facility after project completion. The project must be designed to last at least twenty (25)

years.

(c) The use of tile facility is expected to be free of charge to the public. However, should it

become necessary to charge for the use of the facility in the future, the Grantee is permitted to

charge such a fee for the use ofthe subject facility with prior written notice to the State, if the fee

is set a reasonable and equitable amount to be applied uniformly for transient vessels in order to

Boating.Funding.Rgs.-Rev May 5, 2003 I

Page 199: Counci Docket 08 24

reasonably accommodate the boating public and the entirety of the revenue from user fees

collected is to be deposited in an escrow account and used exclusively for the renovation and/or

replacement of any areas subject to this agreement.

(d) To obtain all necessary permits and comply with all relevant federal, state, and local legal

requirements before commencing and throughout the operation ofthe subject facilities.

(e) To maintain detailed, accurate, CUlTent and complete financial records relative to the project

and the facility's operations and maintenance. To support these records with appropriate

documentation including, but not limited to, canceled checks, paid bills, payrolls, time and

attendance records, contract and sub-contract award documents.

(f) To retain and account for all fees charged for the use of a funded facility and further agrees

that any fees received shall be employed exclusively for the maintenance and operation of the

subject facility.

(g) To retain all financial records and documents for a period ofthree (3) years after the grant

reimbursement or until any litigation, claim, negotiation, audit, or other action involving such

records has been completed, whichever is longer. To make these records available for inspection

by the State at the Grantee's place of business or the Division's headquarters within thirty (30)

days of Grantee's receipt of the State's request to inspect.

(h) To retain fee revenue records for a period of three (3) years following receipt or until any

litigation, claim, negotiation, audit. or other action involving such records has been completed,

whichever is longer. To make these records available for inspection by the State at the Grantee's

place of business or the Division's headquarters within thirty (30) days of Grantee's receipt of the

State's request to inspect.

(i) To pursue all reasonable and prudent measures to obtain the best available price for any

goods or services, including construction services, for which reimbursement is sought by the

Grant This is to be demonstrated by obtaining multiple itemized price quotes or bids wherever

possible.

0) To afford qualified minority business enterprises a reasonable opportunity to submit

proposals, rate quotations or bids; to select minority firms, where possible, should they submit

the lowest qualified bid in accordance with the requirements ofR.I. Gen. Laws § 37-14-1

(k) - To record, within ten days of the receipt of the fully executed Agreement from the State,

this Agreement in the land evidence records of the City ofNewport, Rhode Island and shall

Boating.Fundil\g.Rgs.~RevMay 5, 2003 2

Page 200: Counci Docket 08 24

provide a copy of the recorded Agreement to the State. The recording of the Agreement shall be

at the sole expense of the Grantee.

(I) To hold the State harmless in case of property damage, accidental death or injury caused by

or incidental to the construction, modification, operation, and/or use of any facility or equipment

built or purchased with grant funds (I) To comply with the requirements of the Governor's

Executive Order No.91-14, The State's Drug Free Workplace Policy, and the Federal Omnibus

Drug Abuse Act of 1988. The Grantee acknowledges that a violation of the Drug Free

Workplace Policy may, at the State's option, result in the termination of this Agreement.

(n) This Agreement shall apply to and be binding upon the Grantee and it's agents, servants,

employees, successors, assigns and all persons, firms and corporations acting under, through and

for the Grantee in the performance of work relating to or impacting the requirements of this

Agreement.

2. The State, on its part, agrees:

(a) To pay to the Grantee, the sum of not more than $299,750 which payments will be in the

form of reimbursement of seventy five percent (75 'Yo) of actual, approved project costs, subject

to submission of appropriate documentation of expenditure.

3. The Grantee acknowledges the State's right to take whatever means either administratively or

judicially, the State may seek, including inter alia, any of the following actions if the Grantee

materially fails to comply with any term of this Grant Agreement, after being notified and afforded a

reasonable opportunity to correct such non-compliance:

(a) Temporally suspend or withhold grant reimbursement pending correction of the deficiency;

(b). Disallow or refuse to pay for all or part of the cost of a non-complying, unapproved or

intangible expenditure;

(c) Terminate the grant and permanently suspend all further payments; and/or

(d) Recover grant funds already expended in cases of serious or deliberate non-compliance, fraud

or abuse.

Boating.Funding.Rgs.-Rev May 5, 2003 3

Page 201: Counci Docket 08 24

4. The parties agree that the effective date of the Agreement shall be the date of execution by the Chief

of Division ofFish and Wildlife or his/her designate and that no reimbursement may be sought or

obtained for expenditures made prior to the Agreement' effective date.

Grantee =---~----cc-:,---:--:---:-c-:-:--:-:c-:--=---=------[Executed by an individual on behalf ofthe Grantee

stating his/her affiliation with Grantee and attesting to

his/her capacity to enter into a binding agreement on

behalf of the Grantee]

By: _

Name: (Printed) _

Title:

Date: _

Subscribed and sworn to before me this day of ,2010. in

_______---', in the County of , State of Rhode Island

Notary Public _

My Commission Expires:

STATEOF RHODE ISLAND

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

DIVISION OE FISH and WILDLIFE

Robert Ballou, Acting Chief

Division of Fish and Wildlife:

Date:

Boating.Funding.Rgs.~Rev May 5, 2003 4

Page 202: Counci Docket 08 24

THE CITY OF NEWPO'RT

RESOLUTIONOF THE

COUNCIL

No...i!.Q.lJ. T.Q.7.~ ..

WHEREAS: The City of Newport requested Sealed Bids forPerrotti Park Long Wharf Transient Dock Construction,Bid # 11-033, received on 17 January 2011.

WHEREAS: Award has been recommended to the sole,qualified bidder being Reagan Construction of Middletown,RI at their bid price of $400,000.

NOW THEREFORE, BE IT RESOLVED: That the bid ofReagan Construction of Middletown, RI is hereby acceptedat a total not to exceed cost of $400,000 and the Mayor isauthorized to sign said contract on behalf of the City,subject to favorable review by the City Solicitor is herebyapproved.

IN COVNCILREAD AND PASSED

May ·25, 2011

thleen M.City Clerk

Page 203: Counci Docket 08 24

Communication # 4847/11Docket Date: May 25,2011

~.

City of Newport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:Staff Presentation:

RECOMMENDATION:

Mayor Stephen C. Waluk & Mevof City CouncilEdward F. Lavallee, City Mana .April 21, 2011Award of Contract #11-033 - Perrotti Park Transient Dock ConstructionTim Mills, Harbor Master

Approve the resolution and contract award to Reagan Construction of Middletown, RI for the not to exceed price of$400,000 to furnish and install piles and floating dock system at Perrotti Park Long Wharf.

BACKGROUND AND FINDINGS:

The City of Newport solicited design-build proposals for the construction of a floating dock system at Perrotti ParkLong Wharf, Bid Number 11-033. The sole design-build proposal received, $562,200, exceeded the total project budgetof $300,000 (with cash match). The Harbor Master, Grant Coordinator, and Planner sought and received an additional$100,000 in funding from RIDEM and US Department ofFish and Wildlife (Tier One Boating Infrastructure Grant).

Additionally, the Harbor Master, Grant Coordinator, and Planner worked with the project proposer to focus the scopeof work so as to achieve a workable project at the $400,000 price point.

The Harbonnaster's Office applied and received a modified assent for the CRMC pennit.

PREVIOUS LEGISLATIVE ACTION

Boating Infrastructure Grant.

FISCAL IMPACT

l Currently Budgeted (Account04-190-5000-50440-Activity 044871) _ Required additional appropriation_ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionProposal #11-033,ContractCorporate InfonnationCRMC Modified Assent

Finance Dept Review: Date By:---~

(if applicable)

Page 204: Counci Docket 08 24

REAGAN CONSTRUCTION CORP.

121 GREEN LANE" MIDDLETOWN RI 02842 .. TELEPHONE (401) 846-1173 III FAX (401) 847-8744

March 7, 2011

Mr. Andrew DeIonnoDept. ofPlanning, Zoning, Development & InspectionsCity ofNewport43 BroadwayNewport Rl 02840

Re: Perrotti Park Transient Floats, Bid No. 11-033

Dear Mr. DeIonno:

We propose to deviate from our original quote and the original plan to make the followingchanges for a total price of$400;000.00.

I. Change floats to Bellingham Marine pre-engineered 2-ft. wave design float with 9-ft. widewalkway, 9-ft. wide L, and 18-in. freeboard, to be sub-assembled to 40-ft. lengths with simple5-in. x II-in. glue laminated waler. Preliminary drawing is attached.

2. Change piles from 16-in. aD x OS-in. wall with Scotchkote #206N fusion bonded epoxycoating to 13-5/8 in. aD x 0.625-in. wall (12-3/8 in. 10) coated 37.5 ft. with Devtar 247 highbuild epoxy mastic coating 16 mil. Coating specification is attached.

3. Change HDPE pipe from 23-in. aD with 3-in. wall to 16-in. aD with I-in. wall (14-in. !D.) .

All other aspects ofthe work would remain the same. Piles will be drilled and concreted.

Please call me at (401) 640-5430 or Larry Aheam at (401) 640-5429 ifwe can provide anyadditional information. Thank you for your consideration.

~incrztrel,l A - /l..{/.. a1ll--. (l-( a(?:tt\William Reagan JPresident

Page 205: Counci Docket 08 24

: Co

:"(~.\

jLI~ "I.

i- ~I r --~:'?',

'.

1

Page 206: Counci Docket 08 24

Communication # 4897/11Docket Date: August 24, 2011

City of Newport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:

Staff Presentation:

RECOMMENDATION:

Mayor Stephen C. Walnk & M.ell\IlJi'1)'f't&, City ConncilEdward F. Lavallee, City Manag~'August 11, 2011AWllrd of Bid # 12-008, Enterprise Funds - King's Park Mobile FoodConcessionErik Rels, Beach Manager

The Department recommends the award to Just Dogs, based on the bid submitted August 9, 2011, in the amount of$300for 2011, with two option years for 2012 and 2013 at the City's discretion at $500 per year.

BACKGROUND AND FINDINGS:

The City solicited bids for the annual seasonal mobile food concession at Kings Park for the 20 II season One bid wasreceived:

Just Dogs $300

Just Dogs possesses a current State of Rhode Island Food Business License (#FSV27008) and expires on April 30, 2012.Rebecca A. Hanos, owner, is a Certified Food Safety Manager (#FMCI8314), possesses a current ServSafe Certification(expires 11/2/2014) and a Permit to Make Sales at Retail (expires 06/30/2012).

PREVIOUS LEGISLATIVE ACTION

FISCAL IMPACT_ Currently Budgeted (Account ~) _ Requires additional appropriation _ No Fiscal Impact

This agreement will add $300 in revenue to the FY 12 Easton's Beach Enterprise Fund.

SUPPORTING DOCUMENTSResolntionBid TabulationCorporate InformationContract

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

Page 207: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No ..

WHEREAS: proposals were requested from mobile foodfirms for procuring a seasonal Mobile FoodConcession service at King Park; and

WHEREAS: award has been recommended to the firm ofJust Dogs meeting all specifications forproviding the City of Newport with a MobileFood Concession at King Park, Bid 12-008,in the amount of $300.00 for 2011 and two(2) option years at $500.00 per year, saidoption at the City's discretion. NOWTHEREFORE BE IT

RESOLVED: that the proposal of Just Dogs is herebyaccepted and that the Mayor is authorizedto sign the contract for same, upon reviewby the City Solicitor's Office, on behalfof the City.

IN COUNCIL

READ AND PASSED

Kathleen M. SilviaCity Clerk

Page 208: Counci Docket 08 24

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Page 209: Counci Docket 08 24

Bid # 12-008

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

Name

Name

Name

Name

Name

Name

Name

Name

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Title/Officer/Position

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Page 210: Counci Docket 08 24

Contract

This Agreement made this _ dayof August, 2011, by and between the City of Newport,a municipal corporation in the State of Rhode Island and Providence Plantations, acting byant through its Mayor, hereinafter called the "City" and Rebecca A Hanos, DBA Just Dogs,hereinafter called the "Concessionaire".

WitnessethThat the Concessionaire covenants and agrees to provide the Cityseasonal services for year2011 and two (2) option years for 2012 and 2013, at the City's discretion, with the following:

Food Concession at King Park in accordance with all terms and specifications and at the rateof $300 for 2011 (August 15-0ctober 31,2011), and $500 per yearfor Option Years 1 and 2:

$300.00 payable no later than September 1, 2011$500.00 payable no later than July 1,2012 (if option year (1) is exercised by the City)$500.00 payable no laterthanJuly 1,2013 (if option year (2) is exercised by the City)

It is expressly understood and agreed that the Concessionaire has, in submitting his/her bid,received from the Purchasing Agent of the City of Newport copies of advertisement,proposals and specifications, and is familiar with and bound by reference and made a parthereof. Said items to be furnished are to be in accord with the said specifications, entitled"City of Newport, Rhode Island Purchasing Division".

This contract will be deemed in effect as long as the Concessionaire submits payment of feesin accordance to the established payment schedule, submission of all appropriate vendingand food licenses and insurance, and maintains a clean site.

The City of Newport reserves the right to terminate this contract for any reason with a 30day notice. The said Concessionaire covenants and agrees to pay said City the specifiedprice, as stated herein before and as directed.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals theday and year first above written.

OTY OF NEWPORTThe Cityof NewportCity Hall, 43 BroadwayNewport, RI 02840

By: - ~ -_=_c==<,..---~-._____(Signature) (Stephen C. Waluk, Mayor)

Print Name and Title

(Date of Execution)

APPROVED AS TO FORM:

Goseph J. Nicholson, Jr.; CitySolicitor)

CONCESSIONAIREJust Dogs16 Rosa TerraceNewport, RI 02840

By:_-,--;::-.-----_-,--;;-:c-_=-_(Signature) (Rebecca A Hanos, Owner)

Print Name and Title

(Date of Execution)

Page 211: Counci Docket 08 24

Communication # 4898/11Docket Date: August 24, 2011

,-

City of Newport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:Staff Presentation:

Mayor Stephen C. Waluk & Mem~sA' t)l.e City CouncilEdward F. Lavallee, City Manage rAugust 17, 2011Bid # 12·002 - King Park Beach Seawall RepairsWilliam R. Riccio, Jr., PE, Public Services Director

,RECOMMENDATION:The Department of Public Services recommends awarding the contract associated with the King Park Beach SeawallRepairs to the lowest qualified bidder, Narragansett Improvement Company of Providence, RI based on the submittedunit prices for the associated work items, plus an additional $2,000.00 for police details. The bid includes $188,350 forthe removal of the existing stairs and reconstruction of the seawall and $69,450 for construction of a wall cap, thepurpose of which will be to raise the elevation of the seawall from King Park Beach to the Rochambeau statue. The totalcost of these items is $257,800.00, plus the $2,000.00 for police details results in a not to exceed total amount of$259,800.00.

BACKGROUND AND FINDINGS:The King Park Seawall is in need of repair/rehabilitation due to its current level of deterioration. The engineering reportSeawall and Pier Evaluation, dated October 2008, as commissioned by the City of Newport associated with seawall andpier evaluations, has recommended the repair of this area of seawall among its priorities for all seawalls studied withinthe six general study areas located throughout the City of Newport. The City of Newport has anticipated this need andadvertised for designlbuild proposals for this associated work and received two proposals. The low bid is referencedabove, the other bid received was $470,770.00, approximate 83% higher that the low bid.

A team of three members of the City's professional staff reviewed the submitted proposals. The staff members scoredeach proposal based on the following criteria and associated percentage value:

Cost of Construction 30%Technical Merit 30%Implementation Schedule 20%Work Load and Personnel 10%Previous Work Experience 10%

The City staff recommends award to the low bidder due to the approach identified in the proposal. The low bidderprovided details for all facets of the repair, while the other proposal omitted details regarding repairs to the face of thewall. The proposal provided by the low bidder provides the City of Newport with the best overall value.

PREVIOUS LEGISLATIVE ACTIONn1a

FISCAL IMPACTl Currently Budgeted (Account # 13·190·999·133910) _ Requires additional appropriation _ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionBid TabulationCorporate InformationScoring Evaluation

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

Page 212: Counci Docket 08 24

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No .

WHEREAS: The City of Newport is committed to improving its seawallinfrastructure; and

WHEREAS: The City of Newport's engineering report titled Seawall and PierEvaluation, dated October 2008, as commissioned by the City of Newport, hasrecommended the repair of this area of seawall; and

WHEREAS: The City of Newport solicited proposals for design/build servicesassociated with the King Park Beach Seawall Repairs; and

WHEREAS: City personnel have reviewed and ranked the two proposals receivedand recommends award to the highest ranking proposal which incorporates themost comprehensive approach toward restoration based on the evaluation criteria.at their bid prices for a total of 257,800.00, plus an additional $2,000 for policedetails (to be paid by the City).

NOW, THEREFORE, BE IT RESOLVED: that the bid of Narragansett ImprovementCompany of Providence, RI is hereby accepted at a total not to exceed the cost of$257,800.00 and the Mayor is authorized to sign said contract on behalf of theCity, subject to favorable review by the City Solicitor and' the total project cost,induding $2,000 for Police Details, in the amount of $259,800.00 is herebyapproved.

IN COUNCILREAD AND PASSED

Kathleen M. SilviaCity Clerk

Page 213: Counci Docket 08 24

Tabulation of BID # 12-002 - King Park Beach Seawall Repair(Public Services)

2. Add Alternate: Extend the height of the existing seawall. $69,450.00

1. Design / build proposals to repair Seawall

NarragansettImprovements

$188,350.00

R. P.Iannuccillo

$318,170.00

$152,600.00

Bid Closed: 27 July 2011

Page 214: Counci Docket 08 24

CITY OF NEWPORTDepartment of Public Services

280 Spring Street

Newport, Rhode Island 02840

Bid #12-002 King Park Beach Seawall Repair

Bid Closed 27 July 2011

Contractor Score (Out of 100)

Narragansett Improvement company

R.P. lannuccilio & Sons Construction Co.

86.3

72.3

Page 215: Counci Docket 08 24

8;'-.

City of NewportDepartment of Public Services280 Spring StreetNewport, Rhode Island 02840

Bidder Comparison #12-002 King Park Beach Seawall Repair

Oosed 27 July 2011

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COst ofCOnstruction

30%

Design COncept &Aesthetic

30%

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10%

Previous WorkExperience

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Total

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R.P. lannuccillo & Sons of [ G,t.{Construction CO. \..L7 tB zo 10 to

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Page 216: Counci Docket 08 24

City of NewportDepartment of Public Services280 Spring StreetNewport, Rhode Island 02840

Bidder Comparison #12-002 King Park Beach Seawall Repair

Closed 27 July 2011

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Cost of Design Concept & Implementation Workload & Previous Work

Submitter Construction Aesthetic Schedule Personnel Experience Total

30"16 30% 20% 10"16 10%

Narragansett 5° l.~ g q(,Improvement Company -z.v \0

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R.P. lannuccillo & SonsLO l.SConstruction Co. LO /0 ID g~

Page 217: Counci Docket 08 24

City of NewportDepartment of Public Services280 Spring StreetNewport, Rhode Island 02840

Bidder Comparison #12-002 King Park Beach Seawall Repair

dosed 27 July 20U

Cost of Design Concept & ImplementationWorkload &

Previous Work.

PersonnelSubmitter Construction Aesthetic Schedule

AvailableExperience Total

. 30% 30% 20% 10% 10%

Narragansett 3D 2[;: 10 s: / IIImprovement Company

R.P. lannuccillo & Sons It; Lo 2D (b 5 /gbConstruction Co.

Page 218: Counci Docket 08 24

Bid #12-002

List the Officers of your Corporation or Principals of your LLC or attach a similarsheet separately. Award cannot be done without the attachment

Narragansett Improvement Company

Complete COmpany Name

John E. EversonName

Jon S. Toegemann

Name

Dustin J. Everson

Name

Dustin J. Everson

Name

Name

Name

Name

PresidentTitle/Officer/Position

Vice President

. Title/Officer/Position

Treasurer

Title/Officer/Position

Corporate Secretary

. Title/Officer/Position

Title/Officer/Position

TItle/Officer/Position

Title/Officer/Position

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