Loading...
HomeMy WebLinkAboutBoard of Selectmen Minutes December 17, 2008_2014020615180788161 BOARD OF SELECTMEN Minutes of the Meeting of 17 December 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 7:47 PM. ANNOUNCEMENTS Town Manager C. Elizabeth Gibson noted the Board would be meeting with the Harbor and Shellfish Advisory Board on December 22, 2008 at 3:00 PM to discuss state shellfish regulations relating to scallop catch size and noted a subsequent state meeting on Tuesday, January 6, 2009 in Barnstable at 3:00 PM. Ms. Gibson also noted an additional meeting, as a result of a workshop meeting earlier today, on Monday, December 22, 2008 at 9:00 AM to discuss FY 2010 budget issues and 2 Fairgrounds Road housing. The Board will not meet Wednesday, December 24 and December 31, 2008. Ms. Roggeveen noted the passing of Neil Parent, who served Nantucket in many capacities, including being a long-time member of the Zoning Board of Appeals. PUBLIC COMMENT None. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS Approval of Minutes of 5 November 2008. The minutes of 5 November 2008 were approved by the unanimous consent of the meeting. Approval of Payroll Warrant for Week Ending 14 December 2008. The payroll warrant for the week ending 14 December 2008 was approved by the unanimous consent of the meeting. Approval of Treasury Warrant and Pending Contracts for 17 December 2008. Chairman Kopko asked about the lease renewal for the Registry of Motor Vehicles, specifically the rental amount which he said he thought was low. Mr. Chadwick said that the alternative is that the RMV pulls its office out of Nantucket and the citizens would have to go to a mainland office. Ms. Gibson added that the Town did try to raise the rent but the RMV declined to pay an increase. The treasury warrant and pending contracts for 17 December 2008 were approved by the unanimous consent of the meeting. PRESENTATIONS Town Administration/Worcester Polytechnic Institute (WPI) Project Program: Presentation Regarding Nantucket Wind Energy Development Research Project. Energy Study Committee Chairman Barbara Gookin reviewed an initiative to investigate the potential for land-based wind energy on Nantucket. Ms. Gookin explained that the committee has evaluated different sites around the Island, has narrowed the choices to two sites, and is seeking grants to further explore those sites as far as feasibility and environmental studies. With the grants there will be hearings and public information meetings. Ms. Gibson introduced several students from WPI who further researched wind energy feasibility on Nantucket. The students presented their findings to the Board. Mr. Chadwick noted how much the Board appreciates the students’ work and thanked them. Assistant Town Manager Malachy Rice explained that last winter Ms. Gibson and he discussed 2 finding ways to partner with higher education institutions, which would give students real world experience and get research done for the Town which otherwise couldn’t get done. In March 2008, Michael Elmes, project coordinator for the program and professor at WPI, contacted Town Administration to discuss potential research projects. The work was done on a trial basis this year and the possibility of an ongoing partnership with WPI will be explored. PUBLIC HEARINGS Public Hearing to Consider Amending Landfill User Fee Schedule. Ms. Gibson noted the hearing was continued from 19 November 2008. She explained that the Town has been increasing landfill user fees by the established consumer price index, annually; however, for 2009 the amount projected was lower than actual: the CPI projection for FY 2009 was 5%, but actual was 6.2%. Waste Options Nantucket (WON) has agreed to keep the CPI at 5% for FY 2009 for the fees it charges the Town. There are other fees for which the Town pays WON more to process than it is collecting, however, these are still being reviewed. The Board needs to look at the options and make an informed decision, as there is a significant budget gap in the solid waste enterprise fund going into FY 2010. Ms. Gibson recommended continuing the hearing to January 21, 2009 to get more information together. Ms. Roggeveen noted that the DEP came to Nantucket this week to look at the landfill and the recycling facility and they were very much impressed; it was a very positive meeting. Mr. Reinhard moved to approve a letter agreement with WON to keep the contractual CPI increase at 5% for the fiscal year ending 30 June 2009. Ms. Gibson noted an additional issue in the letter agreement of diverting certain recyclables to the composting plant in certain circumstances. Mr. Chadwick said he was in favor of the motion but asked that documents be presented to the Board ahead of time for review. It was agreed by the consensus of the Board that copies of the agreement would be distributed to the Board and the matter discussed at a 22 December 2008 meeting. Ms. Gibson, as a side note, mentioned that the tax rate has been certified and tax bills will be mailed by the end of the year. Public Hearing to Consider Application for Transfer of Seasonal All-Alcoholic Restaurant License from Cioppino, Inc. dba Cioppino’s, Tracy Root, Manager to Twenty Broad Street, LLC dba Dune, Michael Getter, Manager for Premises at 20 Broad Street, Nantucket. Attorney Jeff Stetina, representing Twenty Broad Street, LLC, was present with Michael Getter. Mr. Stetina said Mr. Getter hopes to be open by April 2009, possibly as a year-round restaurant business. Mr. Reinhard moved to approve the transfer of the seasonal all-alcoholic restaurant license; Ms. Roggeveen seconded. All in favor, so voted. Public Hearing to Consider Amendments to Town of Nantucket Taxi Regulations. A draft of the proposed amended/modified taxi regulations was reviewed. Chairman Kopko opened the discussion by noting that taxi meters are part of the proposed taxi regulations and that the Board’s decision this evening is not whether or not the meters will appear in the regulations. Chairman Kopko went on to say the Board is not currently considering a $.60 fee on taxi transactions and that is not part of the proposed changes to the regulations as had recently been reported in the newspaper. Police Chief William Pittman reviewed the proposed changes to the regulations noting that several issues have come up since the last revision in April 2007, therefore language has been cleaned up and some items have been clarified. Some new definitions were added to the regulations and some definitions were clarified. The most substantial changes are regarding the Town’s official waiting list and licensing practices. Also, the language concerning fares now requires the use of meters. Several people from the taxi community spoke, a number of whom 3 were looking for clarification on some of the proposed changes and requesting their own changes and others speaking out against the use of taxi meters. On the subject of taxi meters, Mr. Atherton said the feeling of the Board is to move forward with taxi meters and not as an experimental process. Chairman Kopko said taxi meters are coming to Nantucket; the Board has been discussing their use for two years and during that time the Board has repeatedly requested input from the taxi community. Ms. Roggeveen said the Board has supported taxi owners to help them with taxi increases throughout the years, but that the Board is getting more rigid in its position because things don’t seem to be progressing on behalf of the taxi community. Concerning the question of taxi rates, Chairman Kopko explained that rates will be determined by the Board at a later date. There will be a public hearing on the rates and Chairman Kopko would like the taxi owners to be proactive and participate with the police and administration. Many questions on taxi meters concerned the potential down time for taxi owners if the meters break down. Chairman Kopko then closed the public hearing on the regulations and the Board reviewed the items they wanted Town Administration to make changes to and have Town Counsel review. One item the Board agreed to by consensus was to add a second accessible taxi license into the regulations [240-2(A)(2)], which will be formalized when the Board votes on the regulations. Once the changes have been made and reviewed by counsel, the Board will review a clean copy at a future meeting yet to be scheduled. Public Hearing to Consider Taking by Eminent Domain the Fee Simple Title to Two (2) Parcels of Land Known as Town of Nantucket Assessor’s Map 60.3.1, Parcels 367 and 368, Located Adjacent to 9 New Jersey Avenue, and shown as Lots 1 and 2 of Block 31, Section 2, Madaket Terraces. Planning Director Andrew Vorce showed a map to the Board and explained the property in question. New Jersey Avenue was the subject of a prior town meeting warrant article which authorized the Board to take the property by eminent domain. The property was sold by the Town as a low value sale in the 1950s. The Swan family bought it and paid taxes on the land throughout the years; however, the deed was never registered properly in Land Court. Ms. Roggeveen moved to approve the order of taking by eminent domain; Mr. Chadwick seconded. All in favor, so voted. It was noted that the public hearing was not opened; therefore, Chairman Kopko opened the public hearing. There was no public comment so the public hearing was then closed and the action re- voted. CITIZEN/DEPARTMENTAL REQUESTS Order of Taking by Eminent Domain of Lots 1 and 2, Block 31, Section 2, Madaket Terraces. The Board approved the order of taking during the above public hearing. Resolution Regarding Damage Awards for Taking by Eminent Domain of Lots 1 and 2, Block 31, Section 2, Madaket Terraces. Mr. Chadwick moved to approve the resolution; Ms. Roggeveen seconded. Mr. Atherton questioned the blank space on the appraisal and Mr. Vorce explained that it will be filled in within 30 days of the approval. All in favor, so voted. Commission on Disability: Request for One (1) Additional Accessible Taxi License. The Board agreed by consensus to add a second accessible taxi license during tonight’s public hearing on taxi regulations, which will be formalized when the regulations are voted on at a later date. Annual License Renewals: Liquor, Entertainment, Common Victualer, Motor Vehicle Rental, Class I, II, III Motor Vehicle Sales, Mobile Food Units, Flower/Produce Vendor. Ms. Roggeveen said she 4 saw no apparent recommendations not to renew the annual licenses, and moved to renew the list of 2009 annual liquor license holders; Mr. Chadwick seconded. Ms. Gibson noted that the Jared Coffin House has opted to not renew its annual liquor license and will be applying for a seasonal liquor license in January 2009. All in favor, so voted. Ms. Roggeveen made a separate motion to approve the 2009 annual entertainment, common victualer, motor vehicle rental, class I, II, III motor vehicle sales, mobile food units, and flower/produce vendor licenses; Mr. Chadwick seconded. All in favor, so voted. Liquor Licensees: Late Closure Requests for January 1, 2009. Four establishments applied for late closure for New Year’s Eve. Mr. Chadwick said he felt the youth and young adults on Nantucket are in crisis and these applications were nothing more than trying to sell more alcohol to people who most likely have already had enough. He suggested that if the Board approves anything, it would be to allow the establishments to stay open later but not to extend the alcohol service hours, which would hopefully give the patrons a chance to sober up. Chief Pittman said the police’s concern is that late closures of a few establishments tend to generate movement of people who have been drinking from one establishment that is closing to one that is open late. This runs the risk of people operating under the influence and accidents. Ms. Roggeveen agreed with Mr. Chadwick. Mr. Chadwick moved to deny the applications; Ms. Roggeveen seconded. All in favor, so voted. Order of Taking by Eminent Domain of Portions of Tristram Avenue and the Proprietors Roads Sometimes Known as Alliance Lane and Ranger Road. Mr. Vorce explained that a slight technical adjustment needs to be made as agenda item had been advertised as a public hearing; therefore, Chairman Kopko opened a public hearing for the matter. Mr. Vorce explained that the Town would be taking title to a paper road, West Tristram Avenue, off Eel Point Road. The paper road runs across approximately five acres of dunes and wetlands, and has not been constructed. A later step would be to decide which portions the Town could retain for open space and possibly beach access and which portions could be returned to abutting property owners. There are some outstanding issues which Planning will come back to discuss at a later date regarding access: one property owner relies on the paper road for access and easements need to be worked out with that property owner. An acceptable access point also needs to be worked out which requires a discussion with a small group of neighbors. Most of the other neighbors have access directly on Eel Point Road. Mr. Vorce also noted a letter of support from an abutter; as well as the fact that the abutting property owners paid for the taking plans so they were no cost to the Town. Mr. Reinhard said he strongly supports the order of taking as he feels there are numerous public benefits, including access to Dionis Beach and a cross-island-trail that can connect the property to other Town-owned and conservation property across the Island. The public hearing was closed. Mr. Reinhard moved to approve the order of taking by eminent domain; Ms. Roggeveen seconded. All in favor, so voted. Resolution Regarding Damage Awards for Taking by Eminent Domain Portions of Tristram Avenue and the Proprietors Roads Sometimes Known as Alliance Lane and Ranger Road. Mr. Reinhard moved to approve the resolution; Mr. Chadwick seconded. All in favor, so voted. TOWN MANAGER’S REPORT 5 Ms. Gibson explained that in light of the discussions the Board has had over the past few weeks regarding the budget, she has modified the FY 2010 budget development timeline slightly, and she reviewed the Board’s meeting schedule for the next couple of weeks. Ms. Gibson also recognized two Town employees: Assistant DPW Director Mohamed Nabulsi completed the MA Highway Department Roads Scholar Program, which is a significant achievement; and Town Clerk Catherine Stover obtained a Master Municipal Clerk designation from the International Institute of Municipal Clerks. Ms. Gibson extended her congratulations to both. SELECTMEN’S REPORTS/COMMENT Discussion Regarding Status of Town License(s)/Approvals for Siasconset Beach Preservation Fund (SBPF) Use of Town Property. Attorney Bill Hunter, representing SBPF, explained that at the 3 December Board meeting Mr. Atherton asked him to memorialize five points made specifically in letter form which has been submitted. These points include ceasing coastal bank terracing operations, removing the wooden “vertical fence post line”, removing the remaining dewatering system, working to draft an easement with the property owners of 67 Baxter Road to allow public access to and from the Bluff Walk from Baxter Road, and contributing $7,500 toward legal fees incurred by the Town on this matter. Mr. Atherton expressed his continuing concern over the issue of public access at 67 Baxter Road and questioned what would be the catalyst behind the owners of that property to finalize the easement if the Town signs off on the licenses beforehand. Mr. Hunter said SBPF would work in good faith with the owners of 67 Baxter Road regardless of the licenses being signed. Mr. Hunter went on to request that the licenses be approved tonight, that the understanding SBPF had is outlined in a letter to the Board dated 12 December 2008, and that SBPF is going forward on all items. He also reminded the Board that it can revoke the licenses at any time. Mr. Atherton said he would ask his fellow Board members to revoke the license if the easement for 67 Baxter Road does not come through. Chairman Kopko said if the Board approves the licenses with the letter attached, the Board’s expectation is that the conditions of the letter be met. Ms. Roggeveen said she is ready to settle the matter tonight and feels that the applicant has put a lot of effort into making sure the Board‘s confidence level is high. Mr. Reinhard said he feels SBPF has accommodated the Board’s requests regarding safety, public access, and the scope of the program and should be commended for meeting the Board’s concerns. Mr. Reinhard moved to grant license numbers 1602 and 1659 which are referred to in the 12 December 2008 letter from Bill Hunter as “Exhibit D”; Ms. Roggeveen seconded. Chairman Kopko said the Board understands the granting of the licenses is predicated on the action in the letter. Mr. Atherton said he would like Town Counsel to review all documents one last time to make sure all pages are accounted for as well as exhibits. All in favor, so voted. Ms. Roggeveen moved to authorize Ms. Gibson to sign, on behalf of the Board, the Notice of Intent with the Conservation Commission regarding the removal of the dewatering system on Sconset Beach; seconded by Mr. Reinhard. All in favor, so voted. On a separate matter, Chairman Kopko said he received a call from Representative Tim Madden, who suggested the Board send a letter of thanks to the Governor for his help with the Sewer Act, as well as reminding him that we look forward to and appreciate his support. Ms. Gibson will send the letter under Chairman Kopko’s signature. 6 Chairman Kopko also reminded the Board that on Friday, 9 January 2009 at 7:30 AM, the Cape Cod Selectmen’s and Councilor’s Association is holding its monthly meeting; unfortunately the Chairman will be away but feels it is important for Nantucket to maintain a presence. Ms. Roggeveen said she might be able to attend. The meeting was unanimously adjourned at 11:08 PM. Approved the 25th day of February, 2009.