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HomeMy WebLinkAboutBoard of Selectmen Minutes March 16, 2011_201402061649134947BOARD OF SELECTMEN Minutes of the Meeting of 16 March 2011. 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, Patricia Roggeveen, and Whiting Willauer. Chairman Roggeveen called the meeting to order at 6:00 PM. I. ANNOUNCEMENTS 1. The 2011 Annual Town Meeting starts Monday, 4 April 2011 at 6:00 PM at Nantucket High School and the Annual Town Election is on Tuesday, 12 April 2011 with polls open from 7:00 AM to 8:00 PM at Nantucket High School. 2. There will be no Board of Selectmen meeting Wednesday, 6 April 2011 due to the Annual Town Meeting. 3. The Board of Selectmen will hold its April meetings in the Public Safety Facility (PSF) Community Room, 4 Fairgrounds Road starting 13 April 2011. 4. Mr. Willauer noted that a second public hearing regarding the proposed Madaket wind turbine will be held tomorrow at 5:00 PM at the Public Safety Facility Community Room, 4 Fairgrounds Road. II. PUBLIC COMMENT 1. Michael Angelastro spoke against the code enforcement consolidations and requested a six month moratorium on any “cuts”. III. NEW BUSINESS None. IV. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Payroll Warrant for Week Ending 13 March 2011. The payroll warrant for the week ending 13 March 2011 was approved by the unanimous consent of the meeting. 2. Approval of Treasury Warrant for 16 March 2011. The treasury warrant for 16 March 2011 was approved by the unanimous consent of the meeting. 3. Approval of Pending Contracts for 16 March 2011. Assistant Town Manager Gregg Tivnan reviewed the various pending contracts and answered questions from the Board. The pending contracts for 16 March 2011 were approved by the unanimous consent of the meeting. V. CITIZEN/DEPARTMENTAL REQUESTS 1. Our Island Home: Request for Acceptance of Gift of $200 from Grace Lynch and Family for Our Island Home Gift Fund; Request for Acceptance of Gift of $200 from Patricia and Frank Mancuso for Our Island Home Gift Fund. Mr. Willauer moved to accept the gifts for the Our Island Home Gift Fund as presented and to send a letter of thanks to the donors; Mr. Kopko seconded. All in favor, so voted. 1 2. Nantucket Island Management LLC d/b/a Brant Point Grill/White Elephant: Request for Approval of Application for Pledge of Seasonal All-Alcoholic Beverages Innholder License. Mr. Kopko moved to approve the application as presented; Mr. Willauer seconded. All in favor, so voted. 3. Nantucket Community Television (NCTV): Request for Approval of Bylaw Changes; Request for Change in Funding Method. NCTV chairman Gene Mahon reviewed the proposed bylaw changes. Chairman Roggeveen spoke in favor of an increase of NCTV board members. Mr. Mahon answered questions from the Board. Following discussion among Board members, Mr. Atherton moved to approve the NCTV bylaw changes as presented; Mr. Kopko seconded. All in favor, so voted. Mr. Mahon spoke in favor of having the monies from the Comcast surcharge fees for the public, educational, and government (PEG) channel go directly to NCTV as opposed to going through the Town as it currently does. Assistant Finance Director Irene Larivee reviewed the Finance Department’s recommendation on the funding request, which would require NCTV to provide a list of funds that are needed and what they would be spent on per quarter; each quarter NCTV would return to the Board in a public forum and review its expenses and provide a request for the next quarter’s funding. Ms. Larivee explained that this process would provide accountability to the public for the public funds being expended as well as to provide internal controls for the Finance Department. Mr. Atherton said he is unsure if this level of control is warranted and he questioned how it would apply to other organizations. Mr. Mahon noted that the operating agreement between the Town and Comcast states that the funds go directly to the PEG access provider. Mr. Kopko spoke against Ms. Larivee’s recommendation, stating that the Town is only acting as a pass-through. Chairman Roggeveen concurred, noting that the money is a subscriber fee, not tax revenue, and she feels the money should go directly to NCTV. Mr. Atherton agreed and said he feels the Board should name NCTV as its designee with Comcast. Mr. Kopko moved to name NCTV as its designee in the Comcast contract; Mr. Atherton seconded. So voted 3-2. Mr. Chadwick and Mr. Willauer were opposed. VI. PUBLIC HEARINGS 1. Public Hearing to Consider Establishing an Application Fee of $50 for Newly Required Sheet Metal Permit Pursuant to 271 CMR. Chairman Roggeveen opened the public hearing. Building Inspector Steven Butler reviewed the proposed application fee for sheet metal permits which are now required by the Commonwealth. Richard Cooper asked if there will be staff to handle inspections for this considering the code enforcement consolidation. Mr. Butler responded affirmatively, and answered further questions from the Board. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve the application fee of $50 for sheet metal permits as recommended by staff; Mr. Willauer seconded. All in favor, so voted. 2. Public Hearing to Consider Application for New Mobile Food Unit License for Stephen Paradis d/b/a The Roamin Pizzeria. Chairman Roggeveen opened the public hearing. Applicant Steve Paradis reviewed his application. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve a mobile food unit license for The Roamin Pizzeria as presented; Mr. Willauer seconded. All in favor, so voted. 3. Public Hearing to Consider Application for Transfer of Seasonal All-Alcoholic Beverages Restaurant License from Fantasies Uncooked LLC d/b/a 21 Federal, Robert Sarkisian, Manager to Ventuno LLC d/b/a Ventuno, Scott A. Fraley, Manager, for Premises Located at 21 Federal Street, Nantucket. Chairman Roggeveen opened the public hearing. Scott Fraley noted he is present to 2 answer any questions. There was no further public comment. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve the transfer of the seasonal all-alcoholic beverages restaurant license from 21 Federal to Ventuno as presented; Mr. Willauer seconded. All in favor, so voted. 4. Public Hearing to Consider Application for New Common Victualler License for Ventuno LLC d/b/a Ventuno, Scott A. Fraley, Manager, for Premises Located at 21 Federal Street, Nantucket. Chairman Roggeveen opened the public hearing. There was no public comment. Chairman Roggeveen closed the public hearing. Mr. Atherton moved to approve a Common Victualler license for Ventuno as presented; Mr. Willauer seconded. All in favor, so voted. 5. Public Hearing to Consider Application for New Common Victualler License for Sturgis Restaurant LLC d/b/a Brick House Bistro, Michael Sturgis, Manager, for Premises Located at 29 Broad Street, Nantucket. Chairman Roggeveen opened the public hearing. Applicant Michael Sturgis spoke on behalf of his application. Chairman Roggeveen closed the public hearing. Mr. Atherton moved to approve a Common Victualler license for Brick House Bistro as presented; Mr. Chadwick seconded. All in favor, so voted. 6. Public Hearing to Consider Application for New Entertainment License for Sturgis Restaurant LLC d/b/a Brick House Bistro, Michael Sturgis, Manager, for Premises Located at 29 Broad Street, Nantucket. Chairman Roggeveen opened the public hearing. Applicant Michael Sturgis reviewed his application. Chairman Roggeveen closed the public hearing. Mr. Atherton moved to approve an entertainment license for Brick House Bistro as presented; Mr. Chadwick seconded. All in favor, so voted. 7. Public Hearing to Consider Application for New Common Victualler License for Nantucket Island Management LLC d/b/a Jared Coffin House, James Storey, Manager, for Premises Located at 27- 29 Broad Street, Nantucket. Chairman Roggeveen opened the public hearing. Attorney Bill Hunter noted he is present to answer any questions on behalf of the applicant. Chairman Roggeveen closed the public hearing. Mr. Kopko said he has concerns over dual permitting between two different businesses on the same property. Mr. Hunter said the Jared Coffin House’s use of its Common Victualler license will be “modest”, noting the two licenses are distinct. Mr. Kopko moved to approve a Common Victualler license for the Jared Coffin House as presented; Mr. Willauer seconded. All in favor, so voted. 8. Public Hearing to Consider Application for New Entertainment License for Nantucket Island Management LLC d/b/a Jared Coffin House, James Storey, Manager, for Premises Located at 29 Broad Street, Nantucket. Chairman Roggeveen opened the public hearing. Mr. Hunter reviewed the entertainment license application, noting it will be limited acoustic and background music. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve an entertainment license for the Jared Coffin House as presented; Mr. Willauer seconded. All in favor, so voted. 9. Public Hearing to Consider Application for New Seasonal Wine/Malt Alcoholic Beverages Package Store License for Dupree and Company LLC d/b/a Dupree and Company, William Ethan Dupree, Manager, for Premises Located at 7 Old South Wharf. Chairman Roggeveen opened the public hearing. Attorney Rhoda Weinman, representing the applicant, spoke in favor of the application, noting that sales will be limited to wine only. Chairman Roggeveen closed the public 3 hearing. Mr. Chadwick moved to approve a seasonal wine/malt alcoholic beverages package store license for Dupree and Company as presented; Mr. Willauer seconded. Mr. Kopko noted he plans to vote against the application as he feels the new license is not in the public interest and that the economy cannot support more than what is already available. On the motion, so voted 4-1. Mr. Kopko was opposed. 10. Public Hearing to Consider Application for New Common Victualler License for Dupree and Company LLC d/b/a Dupree and Company, William Ethan Dupree, Manager, for Premises Located at 7 Old South Wharf. Chairman Roggeveen opened the public hearing. Ms. Weinman reviewed the application, noting there will be no seating as the food is all take-out. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve a Common Victualler license for Dupree and Company as presented; Mr. Atherton seconded. All in favor, so voted. 11. Public Hearing to Consider Application for New Seasonal All-Alcoholic Beverages Restaurant License for Devan’s Inc. d/b/a Arno’s at 41 Main, Christopher Morris, Manager, for Premises Located at 41 Main Street, Nantucket. Chairman Roggeveen opened the public hearing. Applicant Christopher Morris spoke in favor of the application, noting he is looking to stay current with his competition. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve a seasonal all-alcoholic beverages restaurant license for Arno’s at 41 Main as presented; Mr. Atherton seconded. All in favor, so voted. 12. Public Hearing to Consider 2011-12 Seasonal Liquor License Renewals. Chairman Roggeveen recused herself from this matter. Vice Chairman Willauer opened the public hearing. Mr. Tivnan noted that all applications with the exception of The Rotary have submitted license renewal applications. Ms. Weinman requested the Board ensure that all current restrictions remain on renewed licenses. Mr. Willauer noted he will recuse himself from the vote on the Nantucket Yacht Club. Mr. Willauer closed the public hearing. Mr. Chadwick moved to approve the 2011-2012 seasonal liquor license renewals with the exception of The Rotary; Mr. Kopko seconded. So voted 4-0 with Mr. Willauer’s abstention as noted. 13. Public Hearing to Consider Application for Public Assembly Permit for Figawi Inc. “40th Figawi Race Weekend” to be Held 28-30 May 2011. Chairman Roggeveen opened the public hearing. Figawi board member Nick Judson spoke in favor of the application and answered questions from the Board. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve a public assembly permit for the 40th Annual Figawi Race Weekend as presented. Mr. Willauer inquired about fundraising over the years. Mr. Judson noted that between $1.4 and $1.5 million has been raised for the Cape and Islands, and of that amount, approximately $400,000 has been designated to Nantucket. Mr. Chadwick seconded the motion. All in favor, so voted. VII. TOWN MANAGER’S REPORT 1. Request for Approval for Department of Revenue to Conduct Financial Management Review for Town of Nantucket. Mr. Tivnan reviewed the request to have the Department of Revenue (DOR) conduct a financial management review for the Town, noting the request requires a letter from the Board to the DOR and the wait time to have this review commence is approximately 18 months. Mr. Tivnan said Town Administration feels the time will be right for this review, especially in light of the recent audits and turnover in staff. Ms. Larivee added that it is like a “report card” from the DOR, and knowing it will take at least 18 months for the DOR to begin the process gives the Town 4 5 time to finalize its financial policies and procedures. Mr. Kopko noted that the DOR provides this service at no cost to the Town. Mr. Willauer moved to request the DOR conduct a financial management review of the Town; Mr. Chadwick seconded. All in favor, so voted. VIII. SELECTMEN’S REPORTS/COMMENT 1. Action on Board of Selectmen Comments to 2011 Annual Town Meeting Warrant Articles. Chairman Roggeveen noted a technical change that is to be made to the warrant per the Planning Office. Mr. Atherton asked whether the intent is to comment on all articles or just specific ones. Chairman Roggeveen said she is not inclined to comment on each article. Board members asked to review specific articles for possible comment. Articles 28, 70, 33, 45, 72, 88, 106, 111, 112, and 114 were discussed. Mr. Chadwick moved to have Town Counsel draft a positive motion for Article 70; Mr. Kopko seconded. So voted 4-0. Chairman Roggeveen recused herself from the vote. Following further discussion, Mr. Kopko moved to approve Board comments discussed on Articles 33, 45, 72, 111 and 112; Mr. Atherton seconded. All in favor, so voted. Regarding Mr. Angelastro’s comments under public comment, Mr. Atherton asked for clarification that the same level of service is planned to be provided under the departmental consolidations. Mr. Tivnan answered affirmatively, although there may be operational changes. 2. Committee Reports. Mr. Kopko reported on the Community Preservation Committee. VIII. ADJOURNMENT The meeting was unanimously adjourned at 7:45 PM. Approved the 1st day of June, 2011. BOARD OF SELECTMEN 16 MARCH 2011 – 6:00 PM COURT ROOM, TOWN & COUNTY BUILDING 16 BROAD STREET NANTUCKET, MASSACHUSETTS List of documents used at the meeting: IV. 3. Pending contracts spreadsheet for 16 March 2011 V. 1. Memo from Our Island Home, re: gifts for Our Island Home Gift Fund V. 2. Letter from Vaughan, Dale, Hunter, Stetina and Beaudette, re: Brant Point Grille/White Elephant pledge of liquor license; ABCC application V. 3. NCTV bylaws VI. 1. Letter from Building Department, re: proposed sheet metal permit fee VI. 2. Letter from Steve Paradis, re: mobile food unit license request; mobile food unit license application; excerpt of Parks and Recreation minutes of 27 January 2011; mobile food unit product description VI. 3. Letter from Scott Fraley, re: Ventuno liquor license transfer request; ABCC application VI. 4. Letter from Scott Fraley, re: Ventuno Common Victualler license request; Common Victualler license application VI. 5. Letter from Michael Sturgis, re: Brick House Bistro Common Victualler license request; Common Victualler license application VI. 6. Letter from Michael Sturgis, re: Brick House Bistro entertainment license request; entertainment license application VI. 7. Letter from Vaughan, Dale, Hunter, Stetina and Beaudette, re: Jared Coffin House Common Victualler license request; Common Victualler license application VI. 8. Letter from Vaughan, Dale, Hunter, Stetina and Beaudette, re: Jared Coffin House entertainment license request; entertainment license application VI. 9. Letter from William Ethan Dupree, re: Dupree and Company liquor license request; ABCC application VI. 10. Dupree and Company Common Victualler license application VI. 11. Letter from Reade, Gullicksen, Hanley and Gifford, re: Arno’s at 41 Main liquor license request; ABCC application VI. 12. 2011-2012 seasonal liquor license renewal spreadsheet; report from Police Department VI. 13. Letter from Figawi board, re: Figawi race weekend; public assembly permit application VII. 1. Email from Town Manager, re: financial management review