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
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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
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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
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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
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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.
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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.