TOWN COUNCIL MEETING

August 26, 2002

(as amended on December 9, 2002)

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road at 7:01 PM by Council President Guy J. Settipane. The following members were present:

David A. Swain, Vice President

David J. Long

Kenneth G. Littman

Norma B. Willis

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director

Arlene D. Kalooski, Town Clerk

Douglas R. DeSimone, Esq., Town Solicitor

Lisa Bryer, Town Planner

Victor Calabretta, Planning Commission

Bruce J. Long, State Representative

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

None

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

This hearing is recorded on Town Council tape dated 8/26/2002. The following is an overview of the hearing and is not verbatim text.

    1. Island Beverage dba: Jamestown Liquors (cont. from 08/13/2002)

a) Notice of hearing to E. Jean Ceppi re: RI General Law 3-5-16.1 Revocation of Abandoned Class A Licenses

b) It is hereby given by the Town Council of the Town of Jamestown, being the Licensing Board in said Town as provided under Title 3, Chapters 1-12 of the General Laws of Rhode Island 1956, and as amended that the following application has been received by the Town Council for licenses under said Act, for the year ending December 1, 2002

Council President Settipane opened the hearing regarding the revocation of abandoned Class A License for Island Beverage d/b/a Jamestown Liquors at 7:04 PM.

Quentin Anthony, attorney representing E. Jean Ceppi owner of Island Beverage d/b/a Jamestown Liquors, began his presentation by commenting that it was not the intent of Ms. Ceppi to abandon the Class A license. Mr. Anthony informed the Council that Ms. Ceppi had invested approximately $150,000.00 into Island Beverage and in the past two years has lost approximately $77,000.00. He further informed the Council that Ms. Ceppi and Joan Goldstein, owner of Truffles By the Sea had discussed the possibility of bringing Truffles By the Sea to Ms. Ceppi’s liquor store; however due to lease commitments for both parties it was not possible. When the lease expired for Jamestown Liquors, it was decided that both businesses would work together to offer wine and cheese at Truffles By the Sea.

Page Dickinson, Ms. Ceppi’s daughter, upon questioning, informed the Council that Jamestown Liquors was not open in May or June, but was open for business in April 2002. Ms. Dickinson also noted that Jamestown Liquors was closed from January to April 1 of each year.

Mr. Anthony pointed out that Ms. Ceppi was caring for an ill friend of the family and was unable to concentrate on her business.

In order to establish that Jamestown Liquors was open in April of 2002, Mr. Anthony presented the following exhibits:

Exhibit #1 Settlement Statement dated May 31, 2002

Exhibit #2 Form 1120S for calendar year 2000

Exhibit #3 Form 1120S for calendar year 2001

Exhibit #4 Sales & Use Tax Return for month ending April 2002

Exhibit #5 Check to the State of RI for Sales & Use Tax cashed May 24, 2002

Exhibit #6 First Application stamped June 17, 2002

Exhibit #7 Second Application stamped June 31, 2002

Exhibit #8 Bank of Newport Merchant Statement for month ending 6/30/2002

Exhibit #9 PAYCHEX payroll service invoice date 8/1/2002

Exhibit #10 Rent receipt for April, May and June 2002

Exhibit #11 General Ledger Report for the period 1/1/2000 to 12/31/2002

Exhibit #12 AT&T invoice dated June 30, 2002 (in the name of J Page Frame, Inc., 30 Southwest Avenue, Jamestown, RI)

Exhibit #13 Verizon invoice dated June 13 – July 12, 2002 (in the name of Jamestown Liquors, Inc.)

Exhibit #14 Narragansett Electric invoice dated July 3, 2002

The Town Solicitor advised that it was the intent of the statute that there should be at least two Class A Liquor Licenses in each city or town. The statute requires that a license be revoked unless there is a reason for an extension such as an illness of the licensee, fire or catastrophe.

Thomas Orr, attorney representing the Marina Golden Group, stated that the Council is considering an establishment that was closed from January to April, open just a few days in April, closed in May and June and then abandoned on June 30. Any application should have been made long before that date. Mr. Orr objected that there has been no sworn testimony and objected to the exhibits filed. Mr. Orr stated that this should be considered abandonment or ninety-day (90) cessation.

The Council and attorneys further discussed the issue of abandonment. Also discussed, was the date of application for transfer by Jamestown Liquors and whether this date should be used rather than the date of hearing.

Ms. Dickinson stated that she was not open in May or June because it would have been too costly to stock the store and she was closed in July because the lease ran out.

Ms. Dickinson informed the Council that she was told the first application was not submitted in time for advertising and had to resubmit.

The Town Clerk explained that the license received in the Town Clerk’s office on June 17, 2002 and submitted by Jamestown Liquors was taken back and resubmitted on June 31(July 1) 2002. The application was unsigned by Ms. Ceppi and was returned for signature.

Council President Settipane closed the hearing at 8:30 PM.

Following review of testimony and exhibits, it was moved by Council President Settipane, seconded by Councilor Long to deny the revocation of liquor license to Island Beverage, based on the following findings of facts with regards to the first issue on 3-5-16.1: the applicant has come in and provided sufficient testimony that the inventory remained on site up until June 30, as well as the fact that there are utility bills presented from exhibit items #10, 11, 12, 13 and 14, evidence in fact that the premises was not abandoned up until the application dated June 17, 2002; with regards to the operation of business, the sales tax receipt, testimony that the business was opened on April 1 and carried out business in the month of April; and based upon the application being timely made and that the applicant had done all that they could do.

It was moved by Councilor Littman, seconded by Councilor Willis to amend the findings of fact that there has not been abandonment of the premises at 9 Ferry Wharf for ninety days or more. It was voted, Councilor Littman, aye; Councilor Willis, aye; Councilor Long, aye; Council President Settipane, aye; Councilor Swain, nay. The motion passed with four in favor one opposed. The main motion as amended was voted, Councilor Littman, aye; Councilor Willis, aye; Councilor Long, aye; Council President Settipane, aye; Councilor Swain, nay. The main motion as amended passed with four in favor and one opposed.

LOCATION TRANSFER:

CLASS A

Island Beverage, Inc.

dba: Jamestown Liquors

9 Ferry Wharf

TO:

Island Beverage, Inc.

dba: Jamestown Liquors

47 Conanicus Avenue

(Truffles by the Bay, Ltd. - unit #3)

Application duly advertised in the Newport Daily News on July 12th and 19th.

c) Objection to transfer of Class A License of Island Beverage dba: Jamestown Liquors from Sydney C. Waller, VP The Marina Golden Group (cont. from 08/13/2002)

d) Application for a Class A Liquor License for the Marina Golden Group dba: Marina Wine & Spirits (cont. from 08/13/2002)

Council President Settipane opened the hearing for location transfer for Island Beverage, Inc. d/b/a Jamestown Liquors from 9 Ferry Wharf to 47 Conanicus Avenue at 8:35 PM.

Quentin Anthony, attorney representing Island Beverage, suggested that there would be no sales after 6:00 PM and that the wine be located in a cabinet that could be draped on Sundays.

Mr. Orr raised several objections on the basis of this not being a full service Class A License .

Joan Goldstein, owner of Truffles, informed the Council that it is her intention that the sale of wine would enhance her gourmet shop.

There was a lengthy discussion on the possibility of limiting the sale of liquor to wine only.

The Town Solicitor stated that a Class A License is for full service and cannot be restricted to the sale of wine alone.

Additional concerns of Council members were discussed with the Town Solicitor.

In answer to questions presented to Mr. Anthony, it was noted that Ms. Ceppi does not own any other liquor stores. The liquor store is a retail business and therefore does not constitute a change in use for the unit.

Residents speaking on the issue of the transfer were:

Daniel Procaccini, 49 Conanicus Avenue mentioned his concerns relating to a liquor business at the proposed location not meeting parking requirements and not meeting the vision of the businesses to be located in the predominantly residential building.

William Kimball, 51 Conanicus Avenue expressed his concerns relating to increased traffic in the area and that the closing time be acceptable to the residents in the building.

Kenneth Vario, 60 Ocean Avenue asked what would happen if the condominium association did not approve of these plans. He also expressed his concern that this business could be sold as a liquor store.

Sterling Graham, 199 Conanicus Avenue asked if it was the intent of the State Law to serve the needs of the community or to prevent a monopoly. The Town Solicitor stated that it was both.

William Munger, Cole Street noted that he was a neighbor and is in support of Ms. Goldstein having wine for sale in her store. Mr. Munger also stated that there has been a full service liquor store in the village for as long as he could remember.

Sidney Waller (no address given) noted that she presently owns 9 Ferry Wharf and that the liquor store has proven to be a profitable business; however, you cannot generate revenue if the doors are not opened.

Council President Settipane closed the hearing at 9:30 PM..

It was moved by Council President Settipane to deny the request to transfer from Island Beverage, Inc., 9 Ferry Wharf to Truffles By the Bay, Ltd. at 47 Conanicus Avenue, unit 3. The vote was Council President Settipane, aye; Councilor Swain, aye; Councilor Willis, aye; Councilor Long, nay; Councilor Littman, nay. The motion to deny passed with three in favor and two opposed.

Mr. Anthony requested that the Council give his client time to find a new location for the license.

Because the request by Mr. Anthony was not on the agenda, the Town Solicitor advised that it could not be addressed at this time.

Mr. Anthony requested that it be listed on the next Town Council agenda.

CONSENT AGENDA

It was requested that items 1 and 2 be removed from the Consent Agenda. It was moved by Councilor Littman, seconded by Councilor Long to approve the Consent Agenda as amended. So unanimously voted. The Consent Agenda consisted of the following:

3) Copies of Minutes of Boards & Committee Meetings:

    1. Library Board of Trustees (06/18/2002)
    2. Water Resource Protection Committee (06/26/2002)
    3. Tree Preservation and Protection Committee (07/16/2002)

4) CRMC Notices:

a) Cease & Desist Order to Robert G. Rizzo, 1730 Mineral Spring

Ave., N. Providence re: mowing of a buffer zone within a buffer zone located at Plat 1, Lot 132, 80 Orient Avenue

b) Application of Stephen Evangelista, 18 Intrepid Ln. re: to construct

a residential boating facility located at Plat 4, Lot 137, 138; 330 E. Shore Rd.

5) RIDEM Notices:

a) Proposed ISDS Variances:

i) ISDS Application # 0115-2718 J. Disandro & C. Makowski, Plat 16, Lot 11; Gondola Ave.

ii) Application # 9515-1978 J. Disandro & A. Cardi, Jr., Plat 5, Lot 71; Ferry St.

b) Notice of Proposed RI Pollutant Discharge Elimination Systems (RIPDES) Regulation Amendments and Public Hearing

6) Navy Station Newport Restoration Advisory Board Meeting minutes from 07/17/2002

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1) Adoption of Council minutes:

a) 08/13/2002 Regular Meeting (DRAFT)

It was the consensus of the Council that the minutes be continued to the next Town Council meeting.

2) Bills and Payroll

Councilor Willis requested additional information relating to the engineering bill from GZA GeoEnvironmental in the amount of $4,842.66. The Town Administrator will provide information to the Council at their next meeting.

It was moved by Councilor Willis, seconded by Councilor Swain to approve the bills and payroll with the exception of GZA. It was voted, Council President Settipane, aye; Councilor Littman, aye; Councilor Swain, aye; Councilor Willis, aye; Councilor Long, nay. The motion passed with four in favor and one opposed.

EXECUTIVE SESSION ANNOUNCEMENT

Council President Settipane announced that there would be an executive session later in the evening. The Town Administrator informed the Council that it would not be necessary to discuss the Open Space Grant as the particular party has withdrawn their property from consideration.

1) Pursuant to RIGL 42-46-5(a) (5) Real Estate (per Town Administrator) (cont. from 08/13/2002)

a) Beavertail Lighthouse Lease

2) Pursuant to RIGL 42-46-5(a) (5) Real Estate

a) DEM Open Space Grant

PUBLIC HEARINGS

    1. Proposed Amendment to Zoning Ordinance Section 709 (cont. form 08/13/2002) "Adjacent Nonconforming Lots of Record Under the same Ownership"; duly advertised in the Jamestown Press
    2. Council President Settipane opened the hearing at 9:40 PM

      The Town Solicitor noted that the Zoning Enabling Act requires that every municipality that has merger provisions shall have standards on a district by district basis. This proposed zoning ordinance amendment would bring Jamestown in compliance with the State Enabling Act. The Town Solicitor stated that the changes are not considered to be substantive.

      The Town Planner also noted that this would bring Jamestown in compliance with the State Law.

      Council President Settipane called for comments from the audience.

      Diane Caswell, 3 West Passage Drive asked if she could connect to the water system if something happened to her well. The Town Solicitor noted that Section (4) is a description of the village district and does not prohibit application to the Board of Water and Sewer.

      There being no further comments from the audience, it was moved by Councilor Long, seconded by Councilor Swain to close the hearing at 9:50 PM. So unanimously voted.

      a) Letter from David S. Martin

      It was moved by Council President Settipane, seconded by Councilor Willis to accept the letter from David S. Martin. So unanimously voted.

      Councilor Swain expressed his concern that there was not a map designating the districts. The Town Planner noted that the Zoning Map indicates the plat boundaries that coincide with the districts.

      It was moved by Council President Settipane, seconded by Councilor Long to adopt Section 709 of the Jamestown Zoning Ordinance as presented before the Town Council. So unanimously voted.

    3. Proposed changes to the Zoning Ordinance relating to Open Space & Public Zones including Development Plan Review; duly advertised in the Jamestown Press
    4. Council President Settipane opened the hearing at 9:52 PM.

      The Town Planner noted that there had been hearings previously held on the proposed changes to the Zoning Ordinance. The proposed Zoning Ordinance was returned to the Planning Commission to review changes recommended by the Town Council. On June 19, 2002, the Planning Commission met to review suggestions by the Council and has submitted the proposed Zoning Ordinance hearing this evening.

      Council President requested audience comment:

      Donna O’Neil, Summit Avenue recommended that Plat 2, Lot 47 be removed from the Public Zone.

      Sav Rebecchi, Sail Street requested that the changes made to the proposed ordinance be reviewed.

      The Town Planner reviewed the changes as presented in her memorandum to Council dated July 3, 2002.

      The Town Planner noted that there was an error in naming one of the zoning districts. Downtown Condominium (DC) was incorrectly reported as Downtown Mixed Use (DM).

      It was moved by Council President Settipane, seconded by Councilor Swain to direct the Town Planner to put in the appropriate language. So unanimously voted.

      Councilor Swain suggested that the Planning Commission review Table 3-1, Transportation & Utilities, (6) Ship and Boat Storage (non-commercial). Councilor Swain expressed his concern relating to where the Harbormaster’s boat and the Fire Department’s boat would be stored if ship and boat storage is denied in Public Zone.

      Councilor Willis stated that she did not think there was a need for Public Zone.

      Councilor Littman expressed his concern that the only permitted use in category IV. Government, Education, Institutional is 15. Park and Recreation Use, including skateboard or ice rinks and playgrounds.

      Council President Settipane expressed his concern regarding the definition in Section 200 – Zoning Districts, Public (P). The Town Solicitor informed the Council that the second sentence does not define what a public zone is, and it could be eliminated. Any properties that may need to be added in the future can be added by going through the process of amending the Comprehensive Plan and Zoning Ordinance.

      It was moved by Council President Settipane, seconded by Councilor Willis to strike the second sentence under Public (P). (Other lands that are purchased or controlled by the Town in the future may be added to this category provided that it is in compliance with the Comprehensive Community Plan.) So unanimously voted.

      There was a discussion on whether lot 47 and the Town Office lot should be included in the Public Zone.

      It was moved by Councilor Willis, seconded by Councilor Littman to remove Lot 47 from the Public Zone. The vote was, Councilor Swain, aye; Councilor Littman, aye; Councilor Willis, aye; Councilor Long, nay; Council President Settipane, aye nay. The motion passed with four three in favor and one two opposed.

      It was moved by Councilor Littman, seconded by Councilor Willis to strike the Town Office on Southwest Avenue, Plat 9, Lot 22 from the Public Zone. It was voted, Councilor Swain, aye; Councilor Littman, aye; Councilor Willis, aye; Councilor Long, nay; Council President Settipane, aye. The motion passed with four in favor and one opposed.

      Councilor Swain inquired if the changes to the Public Zone require advertising. The Town Solicitor replied that it was not necessary to readvertise.

      Councilor Willis inquired why the pumping station was not included. It was noted by Planning Commissioner Victor Calabretta that it was considered a utility rather than public space.

      David Lussier, Summit Avenue asked how the map in the Comprehensive Plan would be changed.

      The Town Planner replied that changes could be made four times each year; however the Town Solicitor suggested waiting until the State has finished their review.

      There being no further comments, it was moved by Councilor Littman, seconded by Councilor Swain to close the Public Hearing at 10:30 PM. So unanimously voted.

      It was moved by Council President Settipane, seconded by Councilor Littman to approve the changes and adopt the Zoning Ordinance relating to Open Space and Public Zones including Development Plan Review. It was voted, Councilor Littman, aye; Councilor Willis, aye; Council President Settipane, aye; Councilor Swain, nay; Councilor Long, nay. The motion passed with three in favor and two opposed.

      Council called for a recess at 10:34 PM.

      The Council reconvened at 10:40 PM.

      OPEN FORUM

      1) Scheduled request to address

      a) Rep. Bruce Long requesting support of resolution due to State budget cuts eliminating fall classes at CCRI of Newport County (cont. from 08/13/2002)

      It was moved by Councilor Willis, seconded by Councilor Swain to send a resolution supporting the reinstating the funding for the CCRI satellite campus on Aquidneck to Governor Almond and the members of the legislature. So unanimously voted.

      2) Non-scheduled request to address

      REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

      1) Town Administrator’s report (verbal report)

      The Town Administrator informed the Council that there has been a drought alert for the State of Rhode Island. It was requested that the Town Administrator keep the Council informed regarding any additional information from the State.

      It was moved by Councilor Long, seconded by Councilor Littman to accept the Town Administrators report. So unanimously voted.

      2) Personnel Board

      a) Letter for resignation from Jeffrey Brier

      It was moved by Councilor Long, seconded by Councilor Swain to accept the letter of resignation from Jeffrey Brier. So unanimously voted.

    5. Ft. Wetherill Boat Owners & Operators Assoc. (cont. from 08/13/2002)
    6. a) Letter from Joseph Medeiros re: winter storage

      It was the consensus of the Council that the original Ft. Wetherill Committee review the letter from Mr. Medeiros and report back to the Council at the September 9, 2002 meeting.

    7. Affordable Housing Committee (cont. from 08/13/2002)
    8. a) Request to address the Council re: Beavertail Lighthouse Keeper Position

      No action taken.

      5) Planning Commission (1 vacancy exists; term ending 12/31/2003) interviews complete; if favorable appoint

      a) William A. Kelly

      b) Phillip E. Brian

      c) Jean MacGregor Brown

      It was moved by Councilor Swain, seconded by Councilor Willis to appoint Jean MacGregor Brown to the Planning Commission, term ending 12/31/2003. It was voted Councilor Willis, aye; Councilor Swain, aye; Council President Settipane, aye; Councilor Long, nay; Councilor Littman, nay. The motion passed with three in favor and two opposed.

      UNFINISHED BUSINESS

      1) SeaDish, Ltd., dba: Tricia’s Tropi Grille (cont. from 07/22/2002 and 08/13/2002)

      a) Entertainment License

      The Town Clerk read a letter delivered to the Town Hall by Mr. Masso, owner of Tricia’s TropiGrille. The letter requested that the restrictions as stated on their entertainment license remain in effect.

      Terrence Houlihan, attorney representing Tricia’s TropiGrille requested that this be passed on the calendar.

      In reviewing the application, it was noted that the dates for Permit for the Period of: were incorrect (December 1, 2002 to November 30, 2003). The dates should be December 1, 2001 to November 30, 2002.

      It was moved by Councilor Swain, seconded by Councilor Willis to amend the dates on the Victualing & Entertainment License for Tricia’s TropiGrille for the period of: December 1, 2001 to November 30, 2002. So unanimously voted.

      It was moved by Council President Settipane, seconded by Councilor Swain to accept the communication and addendum for self-imposed restrictions from Tricia’s TropiGrille. So unanimously voted.

      2) Beavertail Lighthouse Caretaker (cont. from 08/13/2002)

      a) Minutes

      No action taken.

      3) Division of Wildlife re: Marine Fisheries facility at Ft. Wetherill (cont. from 08/13/2002)

      a) Letter from Chris Powell re: Memorandum of Understanding

      Previously addressed.

      4) Letter from James Nadeau & Co. re: audit (cont. from 08/13/2002)

      It was moved by Councilor Long, seconded by Council President Settipane to accept the letter from James Nadeau & Co. and to set up a workshop to review the audit for the beginning of the Council meeting on September 23, 2002. So unanimously voted.

    9. RIDEM Letter from the Division of Parks & Recreation re: Richard Shutt
    10. (cont. from 08/13/2002)

      It was moved by Councilor Long, seconded by Councilor Swain to accept the communication from RIDEM. So unanimously voted.

    11. Alcoholic Beverage License Ordinance for discussion per Councilor Settipane (cont. from 08/13/2002)
    12. The Council discussed the need for a specific ordinance that would address procedures for the issuance of Alcoholic Beverage Licenses and Entertainment Licenses. It was moved by Council President Settipane, seconded by Councilor Swain to direct the Town Administrator to contact a consultant for the purpose of developing an ordinance for the Town to address Alcoholic Beverage and Entertainment Licenses and Noise issues. So unanimously voted.

    13. Entertainment License Ordinance for discussion per Councilor Settipane (cont. from 08/13/2002)
    14. As previously discussed.

    15. Letter from Conanicut Island Land Trust re: Ryng property; Plat 4, Lot 115 (cont. from 08/13/2002)

The Town Administrator reported that the issue related in the letter from the Conanicut Island Land Trust is being resolved.

It was the consensus of the Council to continue this issue to the September 9, 2002 Town Council meeting.

COMMUNICATIONS

1) Letter from Chief of Police Thomas P. Tighe re: September 11th Remembrance Vigil on Wednesday, September 11th; March time to be determined

It was moved by Councilor Long, seconded by Councilor to accept the letter from Chief Tighe. So unanimously voted.

2) Letter from Jane S. Miner re: Ms. Marsh’s letter pertaining to a pool motor

It was moved by Councilor Long, seconded by Councilor Littman to accept the communication from Jane S. Miner. So unanimously voted.

3) Letter from Eric Pearson re: RIDEM proposed variance application #

0215-0461 for Plat 15, Lot 272; Jamestown Shores

It was moved by Councilor Swain, seconded by Councilor Long to accept the letter from Eric Pearson. So unanimously voted.

4) Letter from Frederic & Joyce Robinson re: Tricia’s TropiGrille

It was moved by Councilor Long, seconded by Councilor Littman to accept the letter from Frederic & Joyce Robinson. So unanimously voted.

NEW BUSINESS

    1. Request from John Hubbard re: Heyday 2002
    2. It was moved by Councilor Swain, seconded by Council President Settipane to allow the Conanicut Island Land Trust to hang their banner announcing Hey Day 2002. So unanimously voted.

    3. Petition to the Town Council re: Personnel Injury of Steven Detroia

It was moved by Council President Settipane, seconded by Councilor Swain to accept the petition for personal injury. So unanimously voted.

It was moved by Council President Settipane, seconded by Councilor Swain to deny the claim from Steven Detroia and forward to the Town Administrator and Town Solicitor. So unanimously voted.

EXECUTIVE SESSION

It was moved by Councilor Long, seconded by Councilor Swain to enter into executive session at 11:25 PM pursuant to RIGL 42-46-5(a) (5) real estate. The vote was, Council President Settipane, aye; Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis; aye. The motion passed unanimously.

Following the Council’s return from executive session at 11:30 PM, it was moved by Council President Settipane, seconded by Councilor Swain to seal the minutes and to direct the Town Administrator and Town Solicitor to grant the request from Mr. Shutt to exercise the option for one three-year renewal on the lease for the Beavertail Lighthouse Keeper. So unanimously voted.

It was moved by Councilor Long, seconded by Councilor President Settipane to adjourn the meeting at 11:31 PM. So unanimously voted.

Attest:

Arlene D. Kalooski