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HomeMy WebLinkAboutBoard of Selectmen Minutes March 17, 2010_201402061620231868BOARD OF SELECTMEN Minutes of the Meeting of 17 March 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, Allen Reinhard, and Patricia Roggeveen. Chairman Kopko called the meeting to order at 6:02 PM. ANNOUNCEMENTS The 2010 Annual Town Meeting starts at 6:00 PM on Monday, 5 April 2010. The 2010 Annual Town Election is Tuesday, 13 April 2010 with polls open from 7:00 AM to 8:00 PM. The deadline for voter registration for both the Annual Town Meeting and Annual Town Election is Wednesday, 17 March 2010 at 8:00 PM. A workshop meeting has been scheduled for the Board regarding a Public, Educational, and Government (PEG) access channel for tomorrow, 18 March 2010 at 2:00PM in the 2 Fairgrounds Road conference room. Chairman Kopko read a proclamation from Man Up Nantucket/A Safe Place proposing 22-28 March 2010 be “White Ribbon Week” to end violence against women. Mr. Atherton moved to approve the “White Ribbon Week” proclamation; Ms. Roggeveen seconded. All in favor, so voted. PUBLIC COMMENT Nat Lowell spoke on Tom David’s 2010 Annual Town Meeting Warrant articles, and asked the Board to place a discussion of them on its next agenda. He also suggested the Board form a committee to discuss brush cutting. Marine Superintendent Dave Fronzuto noted that the Harbor and Shellfish Advisory Board (SHAB) recently met and came to a consensus to extend the scallop season for ten fishing days through 14 April 2010 because of weather cancellations during the season, noting that SHAB could not take a vote as it would be a conflict of interest. Mr. Fronzuto asked the Board for a positive endorsement to extend the scallop season as explained in order to send the request to the state for approval. Chairman Kopko recused himself from the matter. Mr. Fronzuto answered questions from the Board. Mr. Reinhard moved to authorize the Marine Superintendent to send a letter to the state requesting the extension of the Nantucket scallop season for ten days; Mr. Atherton seconded. So voted, 4-0. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS Approval of Minutes of 22 July 2009 at 6:00 PM. The minutes of 22 July 2009 at 6:00 PM were approved by the unanimous consent of the meeting. Approval of Payroll Warrant for Week Ending 14 March 2010. The payroll warrant for week ending 7 March 2010 was approved by the unanimous consent of the meeting. Approval of Treasury Warrant and Pending Contracts for 17 March 2010. Town Manager C. Elizabeth Gibson reviewed the various pending contracts, and requested to add one additional contract for consideration for a grant in the amount of $5,000 for the Police Department regarding extra patrols for underage drinking which is under a deadline. Police Sergeant Kevin Marshall 1 reviewed the grant opportunity. The treasury warrant and pending contracts for 17 March 2010 were approved by the unanimous consent of the meeting. CITIZEN/DEPARTMENTAL REQUESTS 19 Old South Road, LLC: Request for Relief from Monthly Sewer Service Charge on Vacant Units. Ms. Gibson explained that Robert Shapiro has requested relief from the monthly sewer service charge on his vacant units located at 19 Old South Road, and recommended that the Board not entertain the request as it sets a “dangerous” precedent. Mr. Chadwick moved to deny the request for relief from the monthly sewer service charge for 19 Old South Road; Ms. Roggeveen seconded. Chairman Kopko suggested that the Board move to take no action. Mr. Chadwick agreed. All in favor, so voted. PUBLIC HEARINGS Public Hearing to Consider Application for Public Assembly Permit for Nantucket Conservation Foundation “Race for Open Space” to be Held 17 July 2010. Chairman Kopko opened the public hearing. Peter Hicks, development director of the Nantucket Conservation Foundation, spoke in favor of the request, and noted that the number of participating runners is increasing. Chairman Kopko closed the public hearing. Ms. Gibson reviewed the public assembly requirements. Ms. Roggeveen moved to approve the public assembly permit for the Nantucket Conservation Foundation’s “Race for Open Space” for 17 July 2010; Mr. Atherton seconded. All in favor, so voted. Public Hearing to Consider Application for Class II License for Sale and Movement of Boat and Utility Trailers by Nantucket Marine, Inc. Located at 14 Sun Island Road, Nantucket. Ms. Gibson stated that this application has been withdrawn. Public Hearing to Consider Application for New Common Victualler License for the Dancing Pickle, Inc. d/b/a Pickle Pickle, Christine Carpenter, Manager, for Premises Located at 7 Old South Wharf, Nantucket. Chairman Kopko opened the public hearing. Christine Carpenter spoke in favor of the application, noting that Pickle Pickle will be in the space formerly occupied by the Blue Water Bakery on Old South Wharf. Chairman Kopko closed the public hearing. Mr. Reinhard moved to approve the Common Victualler license for Pickle Pickle; Ms. Roggeveen seconded. All in favor, so voted. Public Hearing to Consider Application for New Entertainment License for Cisco Brewers, Inc. d/b/a Cisco Brewers, C. Randolph Hudson, Manager, for Premises Located at 5 Bartlett Farm Road, Nantucket. Chairman Kopko recused himself from the matter. Ms. Roggeveen opened the public hearing. Cisco Brewers partner Dean Long spoke in favor of the application and reviewed recent steps taken to appease the neighbors’ concerns regarding noise, parking, and zoning issues. Attorney Marianne Hanley, representing Bartlett’s Farm, spoke against the application and reviewed specific concerns with the application, including general public safety, parking issues, noise, and liability issues. Karen Allence, part-owner of Mount Vernon Farm, asked that the license request be denied. Attorney Wayne Holmes, representing various abutters including Ms. Allence, reviewed the history of the property in question, police reports, and applications Cisco Brewers has made to the Zoning Board of Appeals (ZBA), and stated that the ZBA special permit does not allow for an entertainment license. Ms. Roggeveen requested that Mr. Holmes provide copies of the various documents he cited from for the Board and Town Counsel to review. A discussion among 2 Board members followed. Town Counsel Paul DeRensis noted the issue before the Board is an entertainment license application only, and said it has nothing to do with zoning or liquor licensing. He then reviewed the state statute on issuing an entertainment license. Ms. Roggeveen said the Board needs time to consider the testimony given and to review the issues and concerns highlighted by the neighbors. Mr. Reinhard moved to continue the public hearing to 24 March 2010; Mr. Atherton seconded. So voted, 4-0. At 7:04 PM Ms. Roggeveen left the meeting. Public Hearing to Consider 2010-11 Seasonal Liquor License Renewals. Chairman Kopko opened the public hearing. He noted that the renewal of seasonal liquor licenses is an annual exercise conducted by the Board acting as the licensing authority, and that the Board has in hand a list of seasonal liquor license renewals and a report from the Police Department which indicates no outstanding issues pertaining to current seasonal liquor license holders. Chairman Kopko noted it has come to the attention of the Administration and the Board that there are possible issues of outstanding fees owed to the Town and he questioned how these outstanding fees might relate to the renewal and possible issuance of licenses. Ms. Gibson noted that the Planning Board has asked the Board not to issue Great Harbor Yacht Club’s license as there are outstanding Planning Board conditions that still need to be fulfilled; she added that the Town needs to check with Town Counsel on the legality of that request. She stated that a few other establishments owe fees and/or taxes and according to the Town Code the Board can schedule public hearings to review the licenses. Chairman Kopko asked Mr. DeRensis if it is legal for the Board to approve the renewal of the seasonal liquor licenses and give the authority to issue the licenses to the Administration upon payment of the outstanding fees or payment plans being put into place. Mr. Atherton asked if the establishments with significant delinquencies are on payment plans. Mr. Chadwick suggested that the Board vote to renew the licenses which are not delinquent and hold the rest pending further review. A discussion among Board members followed on the outstanding fee list. Mr. Chadwick then recommended continuing the entire matter pending a legal review on the Board’s rights. Mr. Chadwick moved to continue the public hearing to 24 March 2010. Ms. Gibson noted the issue is not the renewal of the licenses, but the issuance of the licenses. Mr. Reinhard seconded Mr. Chadwick’s motion. Chairman Kopko noted that policy and/or legal issues need to be clarified. On the motion, so voted, 4-0. Public Hearing to Consider Implementing Capacity Utilization Fee for Sewer Connections, Pursuant to Provisions of Article 8 of Nantucket Sewer Act. Chairman Kopko opened the public hearing. Ms. Gibson explained that at last week’s meeting, the Board was updated on the Capacity Utilization Fee by Department of Public Works (DPW) Director Jeff Willett, adding that they have since learned that extensive work still needs to be done concerning the fee. She noted that there is a 2010 Annual Town Meeting Warrant article to authorize the Capacity Utilization Fee, and that additional information that is needed may require funding to obtain the information. Mr. DeRensis clarified aspects of the fee, noting that for someone to apply it will require a vote of town meeting to add the property into a sewer district. He stated that last week’s presentation outlined four fee options, noting that the Added Capacity option can legally be adopted by the Board now, adding that the other options require a considerable investment. He also said that instituting a Capacity Utilization Fee will require a bylaw change which will require approval by the state Attorney General. Mr. Willett reviewed engineering work required for the other options and answered questions from the Board. 3 At 7:32 PM Ms. Roggeveen returned to the meeting. A discussion followed one how the Capacity Utilization Fee will work, and the Board discussed the other fee options available. Mr. DeRensis noted that three of the options can be decided on tonight: Added Capacity indexed to the current day; Infiltration/Inflow for completed projects indexed to the current day; or a hybrid model which averages the first two options. Mr. Chadwick recommended that the Board take “baby steps” and implement the first option. Mr. Willett stated that the Town will reach a point in the future where sewer capacity will become an issue, noting that the Town is not obligated to offer sewer service outside existing sewer districts; that the reserved capacity is meant for those the Town is obligated to serve. Chairman Kopko closed the public hearing. Mr. Atherton moved to obtain the current day Consumer Price Index (CPI) and adopt the Capacity Utilization Fee next week; Ms. Roggeveen seconded. All in favor, so voted. TOWN MANAGER’S REPORT Review of 2010 Beach Driving Map. Beach Manager Jeff Carlson noted that the only changes to the 2010 beach driving map is that beach driving will be allowed at Smith’s Point and there will be some minor “cosmetic” changes. Ms. Gibson added that a public hearing has been scheduled to review beach regulation amendments on 21 April 2010. Mr. Carlson said he would like to address certain issues at the hearing, such as a ban on skim boards and a possible glass prohibition on Town-owned beaches, noting that the Nantucket Conservation Foundation already has a glass prohibition in place on its properties. Review of Additional Capital Projects for FY 2011. Ms. Gibson explained that the Finance Committee’s motion to Article 10 of the 2010 Annual Town Meeting Warrant, which is the capital projects article, includes $837,040 of capital projects for General Fund items and one Enterprise Fund item. She noted that the Free Cash certification was amended last week by the Department of Revenue to include a land sale in the amount of $801,000, and that $295,010 from other land sales not subject to recertification is also available, for a total of $1,096,010 available for appropriation. Ms. Gibson proposed to use that amount to fund the remainder of items in the original Capital Projects recommendation which weren’t funded because there wasn’t enough money, including replacement/upgrade of the Town’s fuel disposal system, the Hummock Pond Road bike path design, repairs to the Teen Center, Our Island Home equipment upgrades, and school improvements. She added that some or all of the funds could also go to the Stabilization Fund, or possibly another fund to use for real estate issues. Ms. Roggeveen noted that any money put away could help the Town’s bond rating. A discussion followed among Board members about how to potentially spend the money and possible amounts to be allocated. Mr. Chadwick said he feels all the money should be used toward road infrastructure and maintenance. Mr. Reinhard said he would like to see the money used for surveying and design of the Boulevard-area roads. Further discussion among Board members followed. Mr. Atherton moved to reduce the proposed allocation for the Hummock Pond Road bike path by $150,000 and to remove $50,000 from the two school improvement line items, and to let those funds fall to Free Cash for next year; Ms. Roggeveen seconded. All in favor, so voted. Ms. Gibson briefly reviewed budget refinements made since last week’s meeting. 4 SELECTMEN’S REPORTS/COMMENT Action on Sconset Bluff Walk Committee Mission; Membership (tabled from 10 March 2010). Ms. Gibson explained that the Board made an initial comment on Article 74 of the 2010 Annual Town Meeting Warrant which didn’t make it into the final Warrant regarding connections to the Siasconset Bluff Walk. Chairman Kopko suggested tasking the Roads and Right of Way Committee with this matter. Mr. Chadwick agreed and said the Roads and Right of Way Committee should be charged items one, two, and three under the original Board comment for Article 74. Allen Reinhard, chair of the Roads and Right of Way Committee, said that the committee met yesterday and discussed this matter, and noted that the committee wants residents from the area involved in the committee and wants to work with property owners along the Bluff Walk. Mr. Chadwick suggested that the committee approach the Police Department regarding the types of complaints it has received about the Bluff Walk. Ms. Roggeveen moved to charge the Roads and Right of Way Committee with making recommendations to the Board on 1) which ways should be established as footpaths to connect to the existing Siasconset Bluff Walk, 2) which ways should be eliminated, and 3) management objectives for the footpaths including surfaces, litter control, privacy features, restrictions against commercial activity, signs or markings and hours of access and enforcement, and to include area residents and stakeholders in the process; Mr. Atherton seconded. All in favor, so voted. Committee Reports. Individual Board members gave status reports for the committees on which they serve as representatives or liaisons. Whitey Willauer also reported on the Harbor and Shellfish Advisory Board and noted that there was a recent presentation on fertilizers, which Dr. Sarah Oktay recapped. Mr. Atherton stated the Board has chosen to make a recommendation to Town Meeting regarding Article 68 concerning fertilizer as drafted by the Harbor Plan Implementation Committee and that a comment on the article has not yet been adopted by the Board. Mr. Atherton said that he feels the Board should recommend initiating a committee to undertake the process and include representatives such as landscapers, golf course superintendents, retailers and private homeowners to get a “broad-based buy-in” and this should happen before the Board takes action on the article. He recommended that the Board adopt a comment which he drafted and recommends Town Meeting table the article. Chairman Kopko noted this matter is a planned agenda item for next week. A discussion among Board members followed about whether to comment on the article as written or recommend tabling the article to allow the formation of a committee such as Mr. Atherton suggested. Peter Getz of Bartlett Tree Experts and a member of the Nantucket Landscape Association requested the Board revisit best management practices, which is a program already in place and working in Chesapeake Bay. Dr. Oktay noted the Harbor Plan Implementation Committee has been working on a report to the Board for more than a year and that the article is a result of that work. She added that the majority of landscapers have indicated that they want a bylaw in place that they can refer to customers and that they have to abide by. Further discussion among Board members followed. Mr. Atherton moved to adopt the following comment to Article 68 of the 2010 Annual Town Meeting Warrant: “The Board of Selectmen believes that the Nantucket community desires to do what it can to protect the waters of our harbors and ponds from the harmful effects of pesticides and fertilizers. With that goal in mind, the Board will establish a committee that invites broad participation from property owners, landscapers, golf-course professionals, environmentalists and retailers to develop a plan for Nantucket that will assure the purity of our waters. We believe that Article 68, as proposed, is an 5 6 excellent beginning, but that it can be further developed to reflect a community-wide perspective. Once this has been accomplished, it can be brought back to the next Town Meeting for positive action. We also are confident that the community embraces the intent of Article 68, and to this end, the Board will begin to work now with interested parties to ensure that Nantucket implements best “on-the-ground” practices and programs for prudent use of fertilizers.” And that the Board recommends to take no action as opposed to tabling the article; Ms. Roggeveen seconded. Chairman Kopko said he cannot vote to table or to take no action on the article as he fully supports the article as written and the work of the Harbor Plan Implementation Committee. A discussion on Mr. Atherton’s motion followed among Board members. On the motion, so voted 3-2. Chairman Kopko and Mr. Reinhard were opposed. The meeting was unanimously adjourned at 9:24 PM. Approved the 15th day of December, 2010.