THIS MEETING WAS HELD VIA ZOOM

 

 1.    9:30 A.M.  CALL TO ORDER

 

Present Remotely:   Michael Cardiff, Chair

                                  Paul Gencarella, Jr., Vice Chair

                                  Joseph M. Nigrelli, Jr.

                                  Mary E. Belanger

                                  Dawn Robinson, Alternate Member

                                  Dylan Conley, Esq., Town Solicitor

                                  Donna L. Giordano, MMC, Clerk

 

Absent:    Angela M. Thoman-Miller

 

 

SALUTE TO THE FLAG

 

               Led by Mr. Cardiff.

 

 

2.     CONSENT CALENDAR

 

  Regular Meeting - December 10, 2020

 

Motion by Mr. Gencarella, Seconded by Ms. Robinson, that the aforesaid minutes be accepted and approved as printed.  (Voted Unanimously)

 

 

3.     PUBLIC COMMENTS

 

Comments shall be limited to agenda items, excluding matters to be scheduled for public hearing.

 

        None

 

 

4.     PUBLIC HEARINGS (Liquor Licenses & Others)

 

Motion by Mr. Gencarella, Seconded by Ms. Belanger, to open the Public Hearing.  (Voted Unanimously)

 

a.    Renewals

 

        Liquor Class B Victualer

   Gino’s by the Beach

                     144 Atlantic LLC                                                            144 Atlantic Ave

 

   Liquor Class C Bar

   Misquamicut Ocean Bar

      Gene Properties LLC                                                     149 Atlantic Ave

 

   Inside Entertainment

   Gino’s by the Beach

                     144 Atlantic Ave LLC                                                     144 Atlantic Ave

 

               Motel/Hotels/Guest Houses

               Sandy Shore Motel (34)

                     Gene Properties LLC                                                     149 Atlantic Ave

 

               Outside Entertainment

               Gino’s by the Beach

                     144 Atlantic Ave LLC                                                     144 Atlantic Ave

 

               Parking Lot

               4 Winnapaug Road

                      4 Winnapaug Rd LLC                                                   4 Winnapaug Rd

                    

               Victualer Extended Hours

               Gino’s by the Beach

                     144 Atlantic Ave LLC                                                     144 Atlantic Ave

 

               Present Remotely:  William A. Nardone, Esq., representing the applicant

 

Motion by Mr. Nigrelli, Seconded by Mr. Gencarella, that all the licenses in Section 4(a) be considered simultaneously.  (Voted Unanimously)

 

                     Town Solicitor Conley presented and explained in detail each term of the Consent Agreement that was negotiated with Mr. Arganese.  He recommended that the Board accept the Consent Agreement, which is attached hereto and made a part of the record of these proceedings.  He outlined the issues that the Town has had relative to the aforesaid licenses.  He referred to the lawsuit in Superior Court in which the Town prevailed, noting that Mr. Arganese did not abide the court order and is in willful contempt of same and that a hearing is scheduled on January 22nd regarding local contempt.  He stated that there are three separate actions pending in Municipal Court involving sign violations, a zoning violation, and a sign violation in which a $27,000 fine was imposed.  He further noted that Mr. Arganese was cited by the Department of Business Regulations for COVID violations related to social gatherings. He also noted property maintenance issues involving unregistered vehicles and trash on licensee's property.  He further noted the number of police dispatches regarding Mr. Arganese's licenses to show that Town resources are being spent relative to the operation of said licenses.  He stated that other issues involve Mr. Arganese's unresponsiveness to notices of violation and demands on staff that licenses be issued.  Mr. Conley stated that for the reasons noted he is proposing entering into the Consent Agreement and read into the record the enforceable provisions of said agreement.  (See attached agreement for provisions)  He informed the Board that, if there is a violation and it is presented to the Board and the Board upholds the violation, the penalty will be automatic and not appealable; that the automatic penalty will be a license suspension for twenty-one days for those violations listed in Consent Agreement; and that, after a hearing, should the Licensing Board determine that any other violation has occurred that has not been corrected in three days, the penalty shall be a ten-day suspension of the license and the right to appeal the penalty shall be waive.  He stated that Mr. Arganese will pay a $500 administrative fee to the Town for this renewal process.  Mr. Conley stated that ratification of this Consent Agreement is needed by the Board, which has the authority to place conditions on the renewals.  He further stated that the Department of Business Regulation is reluctant to deny a renewal as the standard for denial of a renewal is remarkably high; that the Licensing Board does not have a series of show cause matters on the record in this instance; and that despite the breadth of the history that he presented, he does not have a record of historic discipline by the Board.  He noted that this agreement should be to correct the behavior of the licensee, not to punish him.  He stated that the Consent Agreement puts the Solicitor's office in the best position possible for future prosecution and enforcement relative to these licenses and that anything other than this Consent Agreement opens up a level of uncertainty that would not be in the best interest of the Town; therefore, he is recommending approval of same.

 

                     Town Solicitor Conley responded to questions from the Board regarding any future violations of the Consent Agreement that should occur and the Board's authority under the agreement.

 

                     Attorney Nardone stated that the matter before the Superior Court is completed and that a fine of $27,000 has been imposed by the Municipal Court.  He felt that, based on Solicitor Conley's presentation and their negotiations, the licenses are clearly in order for renewal.  He stated that licenses are issued for a period of one year only, which is a very short leash, and that Mr. Arganese has had the leash tightened up so that he has to pay closer attention to his operations and to improve his decorum and professionalism, which was the goal in negotiations.  He stated that none of the violations rise to the level of criminal activity; that Mr. Arganese is about to increase his investment with the installation of a new $450,000 septic system; that this is clearly a wakeup call to Mr. Arganese; that he is committed to complying with the regulations; and that he understands the results if he does not comply.  He requested that the licenses be renewed.

 

Motion by Mr. Nigrelli, Seconded by Ms. Robinson, that all of the aforesaid licenses be approved with the submission of evidence.  A poll vote was taken as follows and the motion carried:  (So Voted 4 to 1; Mr. Gencarella dissented because he felt that the licenses do not warrant renewal and did not feel comfortable renewing them until all court matters have been finalized)

 

                                        

                                         YES                                                NO

 

                                        Nigrelli                                       Gencarella

                                        Robinson

                                        Belanger

                                        Cardiff

 

Motion by Mr. Nigrelli, Seconded by Ms. Robinson, to close the Public Hearing.  (Voted Unanimously)

 

 

5.     UNFINISHED BUSINESS

 

               None

 

 

6.     NEW BUSINESS

 

a.    New Licenses and Permits

 

b.    Renewals

 

c.    Ratify & Confirm

 

d.    Order Advertise for Public Hearing – April 8.2021

 

Outside Entertainment License (May 1 through October 31, 2021)

 

144 Atlantic Ave LLC

dba: Gino’s by the Beach                                                       144 Atlantic Ave

               Andrea Hotel, Inc.   

dba: Andrea Hotel                                                                   89 Atlantic Ave

               Fun-One, Inc.

dba:  Paddy’s Tiki Beach                                                        159 Atlantic Ave

               Atlantic Beach Park

dba:  Windjammer                                                                  321 Atlantic Ave

               Ocean House Management LLC

dba: Ocean House                                                                  2 Bluff Ave

               Shelter Harbor Inn Management LLC

                        dba: Shelter Harbor Inn                                                          10 Wagner Rd

                Sugarland Worldwide LLC (Oxford Industries)

                        dba: Lilly Pulitzer                                                                     31 Bay St

                Venice Restaurant Inc

                          dba: Venice Restaurant                                                         165 Shore Rd

 

Motion by Mr. Gencarella, Seconded by Ms. Belanger, that the aforesaid licenses be ordered advertised for public hearing on April 8, 2021.  (Voted Unanimously)

 

 

7.     COMMUNICATIONS

 

a.    Correspondence

 

                    None

 

        b.  Town Solicitor Report

 

                    None

 

 

8.     ADJOURNMENT

 

        10:50 A.M.  Voted Unanimously to adjourn.

 

 

     Details of the aforesaid proceedings are video streamed and available on the Town of Westerly website.