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HomeMy WebLinkAboutBoard of Selectmen Minutes October 25, 2008_201402061518153660BOARD OF SELECTMEN Minutes of the Meeting of 15 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 6:00 PM. ANNOUNCEMENTS Town Manager C. Elizabeth Gibson announced that public informational meetings on the fiscal year 2010 budget will be held on Thursday, October 16, 2008 at 6:00 PM at the Nantucket High School; Tuesday, October 21, 2008 at 8:30 AM at Nantucket High School and 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. She also announced that the deadline for registering to vote for the election is Wednesday, October 15, 2008, at 8:00 PM. Ms. Gibson announced that night work on several stormwater drainage and sewer projects would begin on Monday October 20, 2008. Jeff Willett, Director of the Department of Public Works, said that work would begin on Orange Street before moving to Easton Street and Harbor View Way, and that everyone should be prepared for interruptions to the flow of traffic. The timing of the road work will require a noise variance request, which Ms. Gibson said would be put before the Board at its next meeting. Dave Fronzuto, Marine Superintendent, announced that an Ocean Management Plan Development Meeting scheduled for Thursday, October 16, 2008, at 7:00 PM would now be held at 6:00 PM. Public Comment Emily MacKinnon, Resource Ecologist for the Nantucket Land Council, presented the Board with a recently completed brochure on the trees of downtown Nantucket. The brochure provided biological information on eight species that the Nantucket Land Council chose to highlight. Mr. Reinhard said that he did a walking tour of the trees and found it fascinating and interesting. Approval of Minutes of 10 September, 25 September, 1 October, 6 October and 7 October 2008.The minutes of 10 September, 25 September, 1 October, 6 October and 7 October 2008 were approved by the unanimous consent of the meeting. Approval of Payroll Warrant for Week Ending 12 October 2008. The payroll warrant for the week ending 12 October 2008 was approved by the unanimous consent of the meeting. Approval of Treasury Warrant and Pending Contracts for 15 October 2008. The treasury warrant and pending contracts for 15 October 2008 were approved by the unanimous consent of the meeting. Public Hearings Application of West End Restaurant, Ande Grennan, Manager, for an Entertainment License for Premises at 326 Madaket Road. Chairman Kopko stated that the application for an Entertainment License is to have a piano or guitar player, from 1:00 PM to 10:00 PM, seven days a week from mid-May to mid-September, on only the second floor of the premises. He added that there would be no amplification and that all windows on the second floor must remain closed. Ken Giles, President of the Madaket Conservation Association, stated that his group is not against development in Madaket, and that they support the application for an Entertainment License as long as there is no amplification and limitations are placed upon the time entertainment must end. Mr. Atherton moved to approve the application for an Entertainment License for The West End Restaurant at 326 Madaket Road; seconded by Mr. Reinhard. So voted unanimously. Application of West End Madaket, Inc. dba West End Restaurant, Ande Grennan, Manager, Holder of Seasonal All-Alcoholic Beverages Restaurant License at 326 Madaket Road, for Alteration of Premises to Add Outdoor Seating. Mr. Grennan said that the application before the Board is an example of compromise for the sake of the Planning Board special permit, due to the timing and limitations on the number of people to be served in the outdoor area. He said that he worked with members of the community to establish a firm time of 8:00 PM to end outdoor service. Mr. Grennan added that as part of his agreement with the community, the special permit will be reviewed each October. Ken Giles, President of the Madaket Conservation Association, said that his organization strongly opposes outdoor seating. He said that the West End Restaurant is the only commercial zone in all of Madaket, and asked that the Board protect the neighborhood and citizens of Madaket as he felt that allowing the permit would set a bad precedent for Madaket. Debbie Culbertson and Marjorie Colley spoke in opposition. Ms. Colley asked the Board to consider the Madaket Area Plan which opposes any expansion of commercial use and presented a letter from Terry Norton asking for the Board to deny the request for outdoor dining. Ms. Gibson presented a similar e-mail from a Mr. Schmidt. Ms. Roggeveen said that she is responsive to the argument regarding the area plan, and that she felt it was important to reinforce the value of the plan. Mr. Atherton said the fact that the permit was contingent upon a yearly renewal hearing illustrated the difficulty of the question before the Board. Mr. Reinhard moved to deny the motion for Alteration of Premises to add outdoor seating; seconded by Ms. Roggeveen. So voted unanimously. Application of Madaket Sunset Association dba West End Restaurant, Joseph Ringenberg, Manager, for New Seasonal All-Alcoholic Beverages Package Store License for Premises at 324 Madaket Road. After being advised that the application on record was incomplete, Mr. Grennan asked that the matter be withdrawn from the agenda to be resubmitted at a later date. Citizen/Departmental Requests Request for Variance from Town of Nantucket Street Opening Regulations for Opening of Old South Road Bicycle Path. Jeff Willett, Director of the Department of Public Works, said that work to construct a water main between Old South Road and the property on the other side of the intervening bike path will necessitate opening the bike path. Mr. Willett indicated that instead of cutting and replacing a small portion of the bike path, the contractor agreed to remove the whole width of bike path that will cross the driveway and replace thirty feet of bike path. Mr. Reinhard moved to approve the opening of Old South Road Bicycle Path as per the conditions laid out by Mr. Willett; seconded by Mr. Atherton. So voted unanimously. TOWN MANAGER’S REPORT Ms. Gibson said that she will soon be seeking a consultant to develop sewer rate models, as previously identified by the Board as a need and a goal. She reviewed the specifics of what the consultant would be charged to prepare and asked for feedback from the Board. The consensus was to proceed as outlined by Ms. Gibson. Ms. Gibson said that earlier in the week she participated in a phone call with the Lieutenant Governor regarding the unprecedented conditions affecting the State economy. She explained that the purpose of the call was to communicate that cuts to the current state budget would need to be made. Noting one significant portion of the call, Ms. Gibson explained that funding for contracts that have already been executed could still be in jeopardy. She warned that any funding subject to appropriation on the State level might not be appropriated for municipalities. Selectmen’s Reports/Comment Action on Decision Regarding A-1 Taxi License Transfer Request (continued from September 18, 2008 and October 1, 2008). Chairman Kopko said that the issue before the Board was a request from James Grangrade to transfer his four taxi licenses to Lisa Fisher. Chairman Kopko stated that there had been ample public discussion of the request, and that the Board would only be rendering its decision, not entertaining public discussion. Ms. Roggeveen asked Town Counsel Paul DeRensis on what criteria could the Board deny a taxi license transfer. Mr. DeRensis said that, in theory, the Board is free to have any possible reasoning, but that their reasoning is “subject to review for rationality and arbitrary capriciousness.” He added the criteria should have “some rational basis or logic.” Ms. Roggeveen asked what the scope of that rationality might be, as she understood that the Board was considering the suitability of the recipient. Mr. DeRensis answered that the scope could be expanded to include any reasoning that is rational and logical, as long as it is included in the regulations in some way. Mr. Atherton said that he felt the Board should issue a written decision outlining its reasoning. Mr. DeRensis said that the Board should take the preliminary action of voting on the request, and then issue a final written decision. Chairman Kopko stated that he has concerns with the transfer request, and attributed them to the suitability of the transfer, the record of the recipient, and testimony at the public hearings. Ms. Roggeveen said that the testimony at the public hearing was compelling but there was no proof to substantiate the allegations. She said that she felt less inclined to believe that there was a suitability issue in terms of the individual. Mr. Reinhard said that he also has reservations based upon several items, but the primary charge of the Board when reviewing the request was suitability. Mr. Reinhard stated that he had a number of reservations about the transfer in regard to suitability. Mr. Atherton moved to deny A-1 Taxi’s license transfer request; seconded by Mr. Chadwick. So voted. Ms. Roggeveen was opposed. (Chairman Kopko agreed to work with Town Counsel, Paul DeRensis, in drafting a final written decision on the request.) Joint Meeting with the Planning Board regarding MGL c. 41, s. 81D Draft Master Plan. Barry Rector, Chairman of the Planning Board, introduced the Draft Master Plan and said that it is now open for public comment. He said the Planning Board’s goal is to maximize the public’s involvement in the Draft Master Plan. Andrew Vorce, Planning Director, said there would be two public hearings to discuss the Draft Master Plan on November 17, 2008, and December 4, 2008. He stated that the Master Plan is intended to have a twenty year life span, with five year updates to critical areas such as housing, transportation, open space and infrastructure. Mr. Reinhard said that the vision, direction and leadership of the Planning Board made it an exciting time to be participating in the planning of Nantucket. Mr. Atherton pointed to “bold statements” in the Draft Master plan that allow for changes that enhance but do not detract from the Island’s character. Chairman Kopko encouraged the public to participate in each Planning Board hearing on this matter going forward. Discussion Regarding Status of Town License(s)/Approval(s) for Siasconset Beach Preservation Fund Use of Town Property. Chairman Kopko stated that in the past the Town has granted licenses that allowed the Siasconset Beach Preservation Fund (SBPF) to perform work on Town property. Mr. Atherton said that it was prudent for the Board to understand what happens when another party uses Town property, specifically in regard to liability and insurance issues. Mr. DeRensis said that the SBPF is currently operating without a license or lease. He recommended declaring the relationship finished, requiring the SBPF to remove all of its equipment from Town property, and putting the issue to a vote in order to establish the legal authority to grant a lease to the SBPF. Kevin Dale, representing SBPF, agreed that it is important for the Town and the SBPF to formalize arrangements. He said that the SBPF is currently operating under Conservation Commission Orders of Conditions 1602 and 1659. He said that the last agreement will end in 2010, and advocated for maintaining the status quo while using the remaining eighteen months to develop a Comprehensive Beach Management Plan. Mr. DeRensis stated that he was aware of beach nourishment projects taking place since 1991. Noting that by law the Town cannot enter into a lease for more than five years, Mr. DeRensis stated that the best course of action would be for the matter to be put before voters at Annual Town Meeting. Mr. Dale stated his desire to acquire a license, not a lease. Chairman Kopko said that he was worried about public safety issues, and noted that many people felt the debris generated by a Patriot’s Day storm was a hazard to health and safety. Dirk Roggeveen, Administrator of the Conservation Commission, stated that he has always found the SBPF to be responsive to requests to remove debris and that he has not seen any evidence that public safety had been compromised by banking and terracing systems. Mr. Dale presented a copy of a 2007 licensing agreement to the Board and Mr. DeRensis. Mr. DeRensis stated that the document was invalid as it listed a term for a license, and since licenses are revocable at will they cannot have a term. Mr. Dale asked the Board to work with the SBPF in creating a new agreement, and in the meantime Mr. Dale stated that the SBPF would abide by the conditions of past agreements, specifically that “indemnification and protection will be guaranteed to the Town.” After discussion, the Board agreed to take no action but refer the matter to a future meeting in order to gather documentation and discuss options in regard to negotiating a new agreement. Adoption of December 8, 2008, Special Town Meeting Warrant. Ms. Gibson referred to the timeline for the Special Town Meeting, noting that the Board is scheduled to adopt the warrant at tonight’s meeting. Mr. Atherton indicated that he had not had time to read the warrant in detail. Chairman Kopko asked that the warrant be presented for adoption at the next meeting on October 22, 2008. Discussion Regarding Pending Nantucket Sewer Act. Mr. DeRensis said that the Nantucket Sewer Act had been approved by the House and Senate, but when it went to the Governor the Department of Housing and Community Development stated that it would like to see the Act modified to include language regarding 40B Housing. The Act has been returned with new language that Mr. DeRensis said cannot be recommended to the Town. The word “require” was used in reference to providing sewer services for 40B Housing. Mr. DeRensis recommended several options, including working with the Governor’s Office to develop language amenable to all parties. Chairman Kopko stated that he believed this would be the best option. Members of the Board agreed that it would be best to work with the Governor’s Office to develop the new language before re-submitting the bill for legislative approval. The meeting was unanimously adjourned at 8:55 PM. Approved the 3rd day of December.