HomeMy WebLinkAboutBoard of Selectmen Minutes July 7, 2010_201402061620203430BOARD OF SELECTMEN
Minutes of the Meeting of July 7, 2010. 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 6:44 PM following a meeting of the Board of Health.
ANNOUNCEMENTS
Chairman Roggeveen thanked recently retired Clerk of Courts Patricia Church for her years of
service for the County.
Chairman Roggeveen announced that Town Clerk Catherine Stover has been declared a “Giraffe
Hero” by Giraffe Heroes Project for “sticking her neck out” against discrimination of same-sex
couples.
There is no Board of Selectmen meeting on Wednesday, 14 July 2010 due to the summer meeting
schedule.
Town Manager C. Elizabeth Gibson announced that on 10 July 2010 the Madaket bus route will not
be in service between 12:30 PM and 2:00 PM due to the Nantucket Triathlon.
Police Chief William Pittman gave an update of the Fourth of July weekend. Mr. Kopko, Chairman
Roggeveen, and Mr. Chadwick applauded the conduct of the police officers they each observed
over the holiday weekend.
PUBLIC COMMENT
Venessa Moore of 8 Second Way asked if there has been any progress regarding a long-term plan
for Miacomet Pond. Ms. Gibson explained that nothing will be forthcoming until the end of summer
or early fall, at the earliest.
APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
Approval of Minutes of 28 January 2010 at 10:00 AM; 18 March 2010 at 2:00 PM. The minutes of
28 January 2010 at 10:00 AM and 18 March 2010 at 2:00 PM were approved by the unanimous
consent of the meeting.
Approval of Payroll Warrants for Weeks Ending 27 June 2010; 4 July 2010. The payroll warrants
for weeks ending 27 June 2010 and 4 July 2010 were approved by the unanimous consent of the
meeting.
Approval of Treasury Warrants for 30 June 2010; 7 July 2010 and Pending Contracts for 7 July
2010. Ms. Gibson reviewed the various pending contracts. The treasury warrants for 30 June 2010
and 7 July 2010 and pending contracts for the week ending 7 July 2010 were approved by the
unanimous consent of the meeting.
CITIZEN/DEPARTMENTAL REQUESTS
Assessor: Request for Endorsement of Abatement Advisory Committee Appointments. Mr. Kopko
moved to approve the slate presented by the Assessor for the Abatement Advisory Committee
consisting of Judith A. Moran, Joseph J. McLaughlin, and H. Flint Ranney; Mr. Chadwick
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seconded. All in favor, so voted. Mr. Atherton noted that he would appreciate the Assessor giving
an update on abatements and assessments in the near future.
2010 – 2011 Annual Committee Appointments (Continued from 16 June 2010). Chairman
Roggeveen said appointments will be made at the Board’s 21 July 2010 meeting. Town Clerk
Catherine Stover asked the Board to consider adding one additional seat to the Cemetery
Commission Work Group. The Board consensus was to approve the additional seat. Chairman
Roggeveen added that applications will be accepted for any open seats through 21 July. Mr.
Willauer said the Energy Study Committee would like to increase its size by two seats. After a brief
discussion on Mr. Willauer’s request, Mr. Atherton moved to expand the Energy Study Committee
by two more seats; Mr. Kopko seconded. All in favor, so voted. Chairman Roggeveen then
reviewed the list of committee openings and asked any applicants to speak on their applications if
they wished. Mike Glowacki and Doug Unruh spoke in favor of their applications to the Finance
Committee and answered questions from the Board. Jon St. Laurent asked that his application to
the Town Government Study Committee be withdrawn. Mr. Willauer encouraged more people to
apply to the Town Government Study Committee.
BG’s Taxi: Request for Taxi License Renewal Extension. Ms. Stover gave background information
on the BG’s Taxi request, noting a one-year extension was already informally granted by her office
in 2009 and that BG’s Taxi failed to renew its taxicab license before this year’s deadline. Ms.
Gibson added that meanwhile, five taxicab licenses have been offered to people on the waiting list
which resulted from 2010 non-renewals including BG’s Taxi. Jon St. Laurent, spoke in favor of
BG’s Taxi request on behalf of the Taxi Owners Association. Mr. Atherton said the Board could add
one additional taxicab license for BG’s Taxi and when the next license becomes available, do not
fill it so the number goes back down to the current cap of 60. Mr. Chadwick said he was not in favor
of adding an additional taxicab license or taking one of the five away that have already been
offered; he said the regulations were put in place for a reason and stated that no extensions or
grace periods shall be allowed after the renewal period ends. Town Counsel Paul DeRensis then
informed the Board that a public hearing is required to amend the current taxicab regulations in
order to grant a license to BG’s Taxi due to the wording in the current taxicab regulations. Mr.
Willauer moved to hold a public hearing to amend the regulations to allow a discussion regarding a
grant of license; Mr. Kopko seconded. Discussion on the motion followed among Board members.
Chairman Roggeveen said she is concerned that a decision is being made because of a specific
person and not based on policy. Mr. Kopko offered an amendment to the motion that the
amendment be made specifically to Chapter 240, Article I, section L (1); Mr. Willauer accepted the
motion amendment. On the motion, so voted 2-3. Chairman Roggeveen, Mr. Atherton, and Mr.
Chadwick were opposed. Mr. Atherton suggested the Board charge the Town Manager with
drafting language that would “keep the topic going”. The Board agreed.
Request for Execution of Purchase and Sale Agreement, Quitclaim Deed and Settlement
Statement for Conveyance of Town “Yard Sale” Property Described as Portion of West Tristram
Avenue, Map 32, Parcel 21, also known as Parcel T1, Pursuant to Vote on Article 118 of 2008
Annual Town Meeting and Vote of Board of Selectmen on 2 December 2009. This matter was
taken off the agenda.
Request for Award of Proposal and Execution of Deed for Real Estate Conveyance of Portion of
Town Property at Miller Lane Pursuant to Prior Town Meeting Votes. Housing Specialist Susan
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Witte reviewed the request, noting the land would be awarded to Housing Nantucket and asked the
board to execute the accompanying quitclaim deed. Mr. Chadwick questioned who would be
paying for associated legal expenses. Mr. Kopko moved to award the proposal to Housing
Nantucket and execute the associated quitclaim deed; Mr. Atherton seconded. All in favor, so
voted.
Request for Declaration of Surplus Property: Portions of Woodbine, Holly, Pequot and Masquetuck
Streets Pursuant to Affirmative Vote on Article 108 of 2008 Annual Town Meeting. Mr. Kopko
moved to approve the declaration of surplus property as presented; Mr. Atherton seconded. All in
favor, so voted.
PUBLIC HEARINGS
Cisco Brewers: Entertainment License Update. Chairman Roggeveen opened the public hearing.
Mr. Kopko recused himself from the hearing. Attorney Sarah Alger, representing Cisco Brewers,
said they have abided by the mitigation conditions set forth in the 24 March 2010 entertainment
license approval. She said there has been only one parking citation noted in the police report
provided to the Board, and there are no new complaints from neighbors. Ms. Alger said Cisco
Brewers continues to work with the Nantucket Land Council and Bartlett’s Farm on traffic and
parking, noting there is some confusion regarding parking on Hummock Pond Road, as some
patrons have received parking tickets even though there are no “no parking” signs on the road.
Chairman Roggeveen noted there seems to be very few calls for service and the establishment
seems to be compliant with its license terms. She then closed the public hearing. No action was
taken.
TOWN MANAGER’S REPORT
Town Administration: Request for Approval of FY 2010 Year End Budget Transfers. Ms. Gibson
explained that the Finance Committee approved the transfers at its meeting held yesterday. The
Board and Assistant Finance Director Irene Larivee reviewed some of the transfers. Mr. Chadwick
moved to approve the FY 2010 year end budget transfers (attached); Mr. Willauer seconded. All in
favor, so voted.
Appointments: Advisory Committee of Non-Voting Taxpayers; Building Department; Commission
on Disability. Ms. Gibson recommended the following appointments: Advisory Committee of Non-
Voting Taxpayers for terms to expire June 30, 2013 – Louis Bassano, Harris Stone, and Susan
Matloff; Building and Code Enforcement Department each for a term of one year – Wiring Inspector
William Larrabee, Assistant Wiring Inspector Joseph Swain, Assistant Wiring Inspector Jeffrey
Nicholson, Plumbing/Gas Inspector William Ciarmataro, Assistant Plumbing/Gas Inspector Thomas
Paterson, Assistant Plumbing/Gas Inspector Edmund Ramos, Jr., Assistant Local Inspector Alan
Noll; Commission on Disability for terms to expire June 30, 2013 – Ellen Braginton-Smith and
David Gray, Sr. Mr. Kopko moved to endorse the appointments by the Town Manager as
presented; Mr. Atherton seconded. All in favor, so voted.
Update on 2010-11 Board of Selectmen Goals. Ms. Gibson gave an update on the 2010-11 Board
goals, noting Town Administration is working on an action plan for the implementation of the
Board’s goals including deliverables and timelines and that they are working with various
departments regarding their involvement in the implementation. A brief discussion regarding the
Capital Program Committee followed, as well as Sustainable Nantucket’s upcoming presentation to
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the Board regarding a draft Climate Protection Action Plan. Ms. Gibson said another update on the
implementation of the Board’s goals will be given at the Board’s 4 August 2010 meeting.
SELECTMEN’S REPORTS/COMMENT
Review Recommendations of Legal Services Report. Chairman Roggeveen recapped the Board’s
previous discussions regarding the Legal Services Report, prepared for the Board by FAA
Associates, noting that tonight’s discussion would focus on the Request for Proposal (RFP)
process. Mr. Atherton and Mr. Chadwick both spoke in favor of issuing a RFP for the Town’s legal
services. Mr. Kopko said he does not object to the concept of a RFP but said he is not convinced
that there is a problem with the Town’s current legal services. Mr. Willauer voiced his concern
regarding who Town Counsel reports to – the Board or the Town Manager. Chairman Roggeveen
said she would like to see some model RFP’s. Following discussion among Board members, Mr.
Chadwick moved to charge the Town Manager with obtaining model RFP’s from other towns and
drafting an outline of scope of work for the Board’s review; Mr. Willauer seconded. All in favor, so
voted.
Committee Reports. Committee reports were not given due to the lateness of the meeting.
Mr. Chadwick said he has reviewed the recently issued RFP for property in South Pasture which
requires the successful respondent to pay for associated legal fees and survey work, which he
feels is unreasonable. Ms. Gibson noted that the Town and more specifically the Nantucket Islands
Land Bank have assumed the legal fees to date, and maybe going forward the successful bidder
would assume costs, perhaps with a cap. Mr. Atherton said he feels the Land Bank should “chip in
a substantial portion” of the expenses and that the Board needs to get an idea of the actual costs.
Chairman Roggeveen suggested the Town follow its policy and get a legal services estimate then
the Board can negotiate with the parties about responsibility for payment.
Mr. Kopko said he attended yesterday’s Finance Committee meeting and noted the committee has
requested a minute-taker for its meetings. Mr. Kopko suggested the Board authorize the Finance
Committee to use the remaining $7,000 in the FY 2010 Reserve Fund to hire a minute-taker. Mr.
DeRensis said the Town cannot expend FY 2010 money for FY 2011 uses. Mr. Kopko moved to
endorse the Finance Committee to transfer up to $5,000 from the FY 2011 Reserve Fund to
minute-taking purposes for FY 2011; Mr. Atherton seconded. All in favor, so voted.
Ms. Gibson noted that there is a Zoning Board of Appeals meeting tomorrow at 1:00 PM regarding
the Abrem Quary sewer privilege fee waiver request, and said Board members are encouraged to
attend.
The meeting was unanimously adjourned at 9:50 PM.
Approved the 21st day of July, 2010.
BOARD OF SELECTMEN
7 JULY 2010 – 6:00 PM
COURT ROOM, TOWN & COUNTY BUILDING
16 BROAD STREET
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
I. 1. Letter to Catherine Stover, Town Clerk, from Giraffe Heroes Project, re:
nomination for “Giraffe Hero”
III. 1. Draft minutes of January 28, 2010 at 10:00 AM; March 18, 2010 at 2:00
PM
III. 3. Pending contracts spreadsheet for July 7, 2010
IV. 1. Memo from Assessor, re: Abatement Advisory Committee annual
appointments; affirmation of appointments memo from Finance Director
IV. 2. List of remaining Annual Committee openings and applications for Finance
Committee (Mike Glowacki; Doug Unruh) and Town Government Study
Committee (Betsy Kidon)
IV. 3. Letter from Oscar (Ben) Grangrade, re: request for taxicab license renewal
extension and medical information; portion of Chapter 240, Article 1 of the
Taxi Regulations, re: duration of license.
IV. 4. Agenda request letter from Attorney Emily Avery, re: Lot T1, West Tristram
Avenue
IV. 5. Memo from Housing Specialist, re: award of land for Miller Lane;
associated quitclaim deed
IV. 6. Declaration of Surplus Property for portions of Woodbine, Holly, Pequot
and Masquetuck Street(s)
V. 1. Cisco Brewers: memo, re: March 24, 2010 Board of Selectmen vote to
approve new entertainment license for Cisco Brewers; copy of 2010
entertainment license for Cisco Brewers; copy of June 11, 2010 letter to
Board of Selectmen from Cisco Brewers; Cisco Brewers event schedule
for 2010; Cisco Brewers “mitigation” outline dated March 24, 2010; memo
from Police Chief Pittman to the Town Manager, re: report of complaints
for Cisco Brewers; email letters from Francis W. Pease, Frank Powers,
Nick and Sueanne Rorick, Karen Alence, Stephen and Vicki Cherner
VI. 1. Memo from Town Manager stating FY 10 end-of-year budget transfers are
to be emailed to the Board; copy of 2010 year end budget transfers
spreadsheets; copy of MGL Chapter 44, section 33B
VI. 2. List of Town Manager annual committee appointment recommendations,
re: ACNVT; Building Dept; Commission on Disability
VI. 3. Memo from Town Manager that a handout will be provided, re: update on
2010-2011 Board of Selectmen goals; copy of goals outline
VII. 1. Memo from Town Manager requesting the Board to bring their copies of
the Independent Review of Legal Services to the meeting