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HomeMy WebLinkAboutBoard of Selectmen Minutes October 22, 2008_201402061518152723BOARD OF SELECTMEN Minutes of the Meeting of 22 October 2008. The meeting took place in the Court Room, Town and County Building, 16 Broad Street, Nantucket, MA 02554. Members of the Board present were Rick Atherton, Brian Chadwick, Michael Kopko, Allen Reinhard and Patricia Roggeveen. Chairman Kopko called the meeting to order at 6:56 PM. ANNOUNCEMENTS Town Manager C. Elizabeth Gibson announced that a public informational meeting on the Fiscal Year 2010 budget will be held on Tuesday, November 18, 2008 at 8:30 AM at Nantucket High School. Per a request from the Town Clerk’s Office, Ms. Gibson read a reminder that the State (Presidential) Election will be held from 7:00 AM to 8:00 PM on Tuesday, November 4, 2008, at Nantucket High School. The Nantucket Alliance for Substance Abuse Prevention Inc. submitted a request for proclamation of “Red Ribbon Week” to be held October 27 - October 31, 2008. Chairman Kopko read the proclamation. Mr. Atherton moved to approve the request; seconded by Mr. Chadwick. So voted unanimously. Chairman Kopko read another submission from the Cape and Islands Regional Domestic Violence Council, which requested that the Board of Selectmen endorse the month of October as National Domestic Violence Awareness Month. Mr. Atherton moved to adopt the proclamation; seconded by Mr. Reinhard. So voted unanimously. In regard to a previous decision by the Board of Selectmen, Ms. Gibson noted that the Salem Street stop sign was removed earlier in the week. Chairman Kopko announced that the Plum TV camera man, Steve Pignato, would be leaving the Island for a time. He thanked Mr. Pignato for his hard work filming the Board’s meetings. Public Comment None. Approval of Minutes of 8 October 2008. The minutes of 8 October 2008 were approved by the unanimous consent of the meeting. Approval of Payroll Warrant for Week Ending 19 October 2008. The payroll warrant for the week ending 19 October 2008 was approved by the unanimous consent of the meeting. Approval of Treasury Warrant for 22 October 2008. The treasury warrant and pending contracts for 22 October 2008 were approved by the unanimous consent of the meeting. Public Hearings Public Hearing to Consider Potential Action Regarding All-Alcoholic Beverages Restaurant License Held by Fantasies Uncooked, Inc. dba 21 Federal, Robert Sarkisian, Manager Pursuant to Alleged Liquor License Violations. Chairman Kopko said that since the hearing would be considering liquor license violations, all persons testifying will be sworn in. Peter Berry, Labor Counsel, gave the oath to Police Lieutenant Jerry Adams, Attorney Kevin Dale, Mary Beth King, Police Sergeant Travis Ray and Robert Sarkisian. Lt. Adams stated that he wished to begin with a summary of facts. He said that on September 17, 2008, at 3:21 AM a patrol officer observed a white male attempting to break in to the building at 21 Federal Street. The officer attempted to determine what the man was doing outside of the restaurant, but he was not responsive to the officer’s questions. The patrol officer called Sergeant Travis Ray to the scene. Sgt. Ray spoke with the individual, who then stated he was going into the restaurant to have drinks with some friends. Lt. Adams noted that on May 7, 2008, all Nantucket Police Officers were appointed agents and inspectors of liquor laws by the Board. Lt. Adams said that the officers tried several times to communicate with individuals inside the restaurant, but they repeatedly turned off the lights and hid. Under Massachusetts General Law Chapter 138, Section 63A, an establishment holding a liquor license is required to allow any authorized investigator entry in order to inspect the premises. Lt. Adams stated that the allegation is a clear violation of MGL Chapter 138, Section 63A. He stated that Pam Raith, a manager of the restaurant, was called to the scene and provided access to the officers. Upon entry the officers discovered five people at the bar. Ms. Raith called Robert Sarkisian, the licensed manager, and asked him to come to the scene. Lt. Adams stated that at that time, officers observed that there was another person in the building. During a subsequent search leading to the fourth floor officers discovered a rolled up dollar bill that tested positive for cocaine. The dollar bill was lying on the stairs leading up to the widow’s walk. Upon inspection of the widow’s walk, Lt. Adams said that the officers found six more people. Chairman Kopko stated that he wished to clarify the issues before the Board: serving alcohol after hours and failure to admit law enforcement to the premises. Lt. Adams agreed that those were the violations, and he stated that the failure to admit law enforcement was the primary violation. Kevin Dale, attorney for 21 Federal and clerk of the corporation, said that his client understands the gravity of the situation and does not dispute the facts of the case. He said it was simply a “rogue employee” acting outside of the scope of his authority. Mr. Dale said that the employee was fired the day after the incident, and that the managers were commended for their level of cooperation on the evening of the incident. He added that 21 Federal is an “Island institution” and wishes to be a good corporate citizen. Mary Beth King, Communities Mobilizing for Change (Alcohol Project), said that she has been involved in a fifteen month study of the use of alcohol on Nantucket. She stated that her organization took part in compliance checks of licensed establishments over the summer. Ms. King noted that Nantucket does not have a standard penalty for violations of liquor law, and she hoped that the Board and the community could work together to develop a protocol for how to deal with violations. Mr. Sarkisian said that he has been the manager of 21 Federal for fifteen years and in that time the organization has never committed a violation of liquor laws. He stated that this was a case of very poor judgment by one individual. Mr. Atherton asked Lt. Adams if there were any previous violations of the liquor law. Lt. Adams said in his experience he did not know of any other violations at 21 Federal. Ms. Roggeveen asked if serving after hours is chronic and if it is often seen around the Island. Lt. Adams said that each year there are problems with establishments serving after hours. Mr. Atherton asked Lt. Adams if he believed this was the first time that an after hours event had taken place at 21 Federal, to which Lt. Adams responded that he believed it was an ongoing event organized by acting manager Matthew Hayes. Mr. Chadwick said that it was unfortunate that 21 Federal found itself in this situation, as he believes it is a good organization. He recommended that the liquor license be suspended for two days. Mr. Atherton asked about the Board’s options, and Mr. Berry responded that the Board could modify, suspend, revoke or cancel the license. Mr. Atherton stated that it was difficult to decide the amount of the suspension, but that it is important in order to show the public that the Board recognizes this is a serious issue. Ms. Roggeveen said that she believes demonstrating corrective practice is very important, and that the Chief of Police brought the matter to the Board because he too felt it was important. Chairman Kopko asked Lt. Adams how seriously this offense is taken in other communities. Lt. Adams said that under MGL Chapter 138 the offense is punishable by up to sixty days in a house of correction. Chairman Kopko then asked William Pittman, Chief of Police, for a recommendation on punishment. Chief Pittman said that at issue was compliance with the liquor law. He recommended a five day suspension of the license. Chairman Kopko expressed concern about the Board’s message regarding liquor law violations. Mr. Atherton recommended that the Board suspend the license for five days, with three days of the suspension not to be implemented unless there is a further violation. Mr. Reinhard said that he agreed with the Chief in his argument for compliance. Mr. Reinhard moved to approve a five day suspension of the liquor license not to be implemented unless there is a further violation within a one year period; seconded by Ms. Roggeveen. Mr. Dale indicated concurrence with the Board’s decision. Mr. Chadwick asserted that the Board’s decision was sending a dangerous message to the community. He said he believed some penalty should be imposed, and again stated his opinion that the license should be suspended for five days with three of the days not to be implemented unless there was another violation within one year’s time. Mr. Atherton said that he agreed with Mr. Chadwick. Ms. Roggeveen said that in light of the establishment’s clean record she believes that Mr. Chadwick’s proposal is too harsh. Mr. Reinhard said that he believes since there were no prior complaints against the establishment, a suspended penalty is a fair way to address the situation. Chairman Kopko, Mr. Reinhard and Ms. Roggeveen voted to approve the motion, with Mr. Atherton and Mr. Chadwick voting to oppose. So voted. Citizen/Departmental Requests Request for Variance from Chapter 101 (Noise) of Town Code for Sewer and Stormwater Drainage Projects. Chairman Kopko said that beginning October 15, 2008 a new dewatering project began that required the operation of diesel generators seven days a week, twenty-four hours a day for the duration of the project. Jeff Willett, Director of the Department of Public Works, said that this project is similar to a project that took place two years earlier in the Brant Point area. Chairman Kopko asked what would happen if the Board denied the request. Mr. Willett said that the dewatering must take place in order for the stormwater drainage work to take place. Mr. Reinhard asked how many pumps would be needed and where they would be placed. Mr. Willett said it would vary due to the location of the project, as the work area might move one to two hundred feet each day. Mr. Chadwick asked if sound board could be installed around the generators, to which Mr. Willett said he would investigate that and other noise mitigation measures. Mr. Atherton moved to grant the variance with the assumption that all efforts would be made to minimize the impact of the noise; seconded by Mr. Reinhard. So voted unanimously. TOWN MANAGER’S REPORT Ms. Gibson invited Board members to attend the graduation ceremony on Friday, October 24, 2008 at 2:00 PM for eleven Town employees who have completed a public administration certificate program that the Town sponsored with Suffolk University. Selectmen’s Reports/Comment Discussion Regarding Potential Revisions to Town of Nantucket Taxi Regulations (Continued from 8 October 2008.) Ms. Gibson noted that there has been some previous Board discussion of amending taxi regulations to clarify issues with the wait list, meters, transfers, and signage on cabs. She added that the Board has made the use of meters a priority. John St. Laurent, president of the Nantucket Taxi Association, said that his group has met and defined a preliminary timeline for the installation of meters. He said they have looked at several different options, including GPS based meters. Mr. St. Laurent said that his group has purchased two meters, and has plans to have three or four meters installed in taxis by January. After testing the meters through the summer of 2009, Mr. Laurent said his timeline would allow for full implementation in the fall of 2009. Chairman Kopko said that the Board expects the meters to be in place prior to the summer of 2009. Mr. Chadwick agreed, and asked if there were not a simple meter that could be easily implemented. William Pittman, Chief of Police, explained that his office has conducted a study of taxi meters and found the brand Pulsar to be one of the most commonly used and easily implementable meters in the country. Chief Pittman said that Don Allen Ford is willing to purchase and install Pulsar meters for $500 or less, and that he has been assured by the manufacturer that they could have 100 meters delivered to Nantucket within one week. He recommended that a new regulation be implemented for taxis that would require all taxis to have meters installed before license renewal on May 1, 2009. Lt. Angus MacVicar stated that he has handled taxi complaints for the last six years, and that 95% of all claims would likely not have been lodged if the customer had been issued a metered receipt. Lt. MacVicar made a presentation of the current taxi zone pricing system, and demonstrated that the zone system cannot accurately price all locations. He recommended a starting charge of $5 with an additional .30 cents a mile be used to calculate fares, as this would keep the pricing in the range of the current fare schedule. Mr. St. Laurent indicated a willingness to work with the Police Department to find the correct meter. Chairman Kopko reiterated the Board’s expectation that meters be implemented before the summer of 2009, and noted that because there has been little progress demonstrated by the Taxi Association in the effort to implement meters, the Nantucket Police Department took the initiative. Mr. Reinhard stated that he felt it was healthy for the Board to look at taxi regulations, and it reflects the Board’s responsibility to the community. Mr. Atherton said that he would like to review the language of how an operator goes about giving up a license. Ms. Gibson said that currently the operator either does not renew the license or simply turns it in. Some discussion of the necessity of a transfer clause followed. Adoption of 8 December 2008 Special Town Meeting Warrant. Ms. Gibson said that on the previous day a final draft of the warrant was completed. She said that two additional articles were added to allow for amendment of the FY 2009 general fund budgets, and to amend the FY 2009 Solid Waste Enterprise Fund Budget. Connie Voges, Finance Director, explained a current situation regarding tax bills and the need to amend the Solid Waste Enterprise Fund budget prior to Department of Revenue approving the Town’s issuance of tax bills. Ms. Gibson reviewed the warrant articles with the Board. The Board agreed to table approval of the warrant to October 29, 2008. The meeting was unanimously adjourned at 8:45 PM. Approved the 19th day of November, 2008.