HomeMy WebLinkAboutBoard of Selectmen Minutes May 5, 2010_2014020616202342121
BOARD OF SELECTMEN
Minutes of the Meeting of May 5, 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 6:00 PM.
ANNOUNCEMENTS
Marine Superintendent David Fronzuto announced a grant opportunity for the Marine and Coastal
Resources Department from ReMain Nantucket for water sampling. He said a contract will be
forthcoming to the Selectmen for the water sampling work, as well as a formal request for approval
of the grant. Melissa Philbrick of ReMain said the Nantucket Community Foundation spearheaded
the fundraising to raise money for the water sampling.
Town Manager C. Elizabeth Gibson reviewed the 2010 committee/board/commission vacancies,
noting all the openings and applications are listed on the Town’s website.
Ms. Gibson said Visitor Services Director Kate Hamilton and her staff have been working on
fundraising for the July 4th fireworks display, and have come up with a t-shirt which will be available
for sale at the Visitor Services office prior to and at the event. Ms. Hamilton showed a template of
the t-shirt, and noted the shirts will also be for sale at the Farmers and Artisans Market, as well as
at the Jetties the night of the fireworks.
PUBLIC COMMENT
Richard Moore of 8 Second Way requested the Board hold a workshop on what constitutes an
emergency regarding the opening of Miacomet Pond.
APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
Approval of Payroll Warrant for Week Ending 2 May 2010. The payroll warrant for the week ending
2 May 2010 was approved by the unanimous consent of the meeting.
Approval of Treasury Warrant for 5 May 2010. The treasury warrant for the week ending 5 May
2010 was approved by the unanimous consent of the meeting.
CITIZEN/DEPARTMENTAL REQUESTS
Request for Taxi Cab License Legacy Transfer. Ms. Gibson explained there is a legacy transfer
provision within the taxi regulations. Attorney Michael Wilson, representing Barbara Viera, spoke
on behalf of the transfer request. Ms. Gibson noted a potential issue with Ms. Viera being number
one on the taxi wait list, and that if her name comes up within one year of being granted the legacy
transfer she will not be eligible and will have to reapply and have her name moved to the bottom of
the wait list per the existing regulations. Mr. Chadwick moved to approve the legacy transfer
request of two licenses currently issued to Ernie’s Taxi, to Barbara Viera; Mr. Atherton seconded.
All in favor, so voted.
Visitor Services: Request for Permission to Sell July 4th Fireworks Fundraising T-Shirts on Main
Street. This matter was removed from the agenda.
2
Ratification of Deed for Conveyance of Property on Muskeget Island to Nantucket Islands Land
Bank Pursuant to Article 9 of December 8, 2008 Special Town Meeting (continued from 21 April
2010; 28 April 2010). Chairman Roggeveen asked the Board to continue this matter for one week.
Mr. Atherton moved to continue the matter to 12 May 2010; Mr. Willauer seconded. Mr. Kopko
asked Chairman Roggeveen if all parties are in agreement to continue the matter. Chairman
Roggeveen noted she has spoken with all parties except Crocker Snow, and they were in
agreement. On the motion, all in favor so voted.
Planning Office: Request for Approval of First Amendment to Memorandum of Agreement with
Nantucket Islands Land Bank. Planning Director Andrew Vorce explained the amendment to the
memorandum of agreement with the Land Bank as being a “clean up” item, and essentially lays out
the steps between the Land Bank and the Town for property transactions in the South Pasture
area. Mr. Kopko asked the Town Manager and Town Counsel if they recommend approval. Town
Counsel Paul DeRensis said yes. Ms. Gibson said yes, but noted that the cost issues between the
two parties have yet to be “ironed out”. Mr. Chadwick moved to approve the first amendment to the
memorandum of agreement with the Land Bank; Mr. Willauer seconded. All in favor, so voted.
Planning Office: Request for Grant of Land by Quitclaim Deed from Town of Nantucket to
Nantucket Islands Lane Bank Pursuant to Chapter 163 of the Acts of 2007, Lots A-1.1, A-1.2, C, D
and E on “Subdivision Plan of Land in Nantucket, MA”, Prepared by Blackwell and Associates, Inc.,
Dated 7 December 2009. Mr. Vorce reviewed a map of the property and the deed, noting that grant
funds will be used for the recording fees. A brief discussion followed on the schedule for issuing a
request for proposals for the property. Mr. Chadwick moved to approve the grant of land to the
Land Bank as presented; Mr. Willauer seconded. All in favor, so voted.
Historic District Commission: Request for Approval of Preservation Restriction to be Held by the
Town of Nantucket Acting by and Through the Historic District Commission for Obed Macy House
Located at 15 Pleasant Street, Nantucket. This matter was indefinitely tabled.
TOWN MANAGER’S REPORT
Taxi Advisory Committee Update; Discussion of Recommendations Regarding Chapter 240
(Taxicab Regulations). Ms. Gibson reviewed the Taxi Advisory Committee’s recommendations,
noting they are mostly administrative in nature and include requiring receipts, drivers signing an
acknowledgement of the taxi regulations, changes to the official waiting list annual renewal time,
and removing language in the current taxi regulations regarding meters. Ms. Gibson indicated that
a public hearing would be scheduled next month to consider the amendments. A brief discussion
followed on meters. Mr. Kopko inquired about the level of complaints regarding fares, and asked
how driving infractions are dealt with. Lieutenant Angus MacVicar said many driver infractions are
addressed by verbal warnings, written warnings, and fines. Taxi Advisory Committee member
David Sharpe said the hope is to deal with fare disputes administratively through a
complain/comment form. Police Chief William Pittman noted that if a driver is cited for a moving
violation, that does not impact the driver’s ability to drive a taxi unless their license has been
suspended by the state. Taxi driver Leo Figueiredo said he feels there are not strict enough rules
for drivers, and he encouraged stricter action on violations.
Traffic Safety Work Group Recommendation: Change of Parking Designation on Federal Street.
Ms. Gibson explained the Board does not have to take formal action on this item, noting the
3
change from “hotel van” parking to “courtesy van” parking will be more of a clarification of the
parking designation, adding that those eligible to use this space must offer free transportation. She
noted that the change might expand the number of vehicles utilizing the space. Chief Pittman said
the change is being implemented under the “experimental” section of the Traffic Regulations, and
during the 60-day trial period the definition of “courtesy” will be defined. He added a public hearing
will have to be held in order to make the change to the parking regulations.
SELECTMEN’S REPORTS/COMMENT
Discussion Regarding Public, Educational, and Government (PEG) Access Channel. Ms. Gibson
explained that the Board has been given a list of recommendations from the Cable Television
Advisory Committee (CTAC) regarding the establishment of a PEG channel, including having the
existing non-profit Nantucket Community Television (NCTV) run the PEG channel, and she noted
that if NCTV is chosen to run the PEG channel, she would like the Town Manager or her designee
to serve as an ex-officio member of that board. She went on to say that members from PEG
channels in Plymouth and Foxboro have met with Town officials to discuss setting up PEG
channels, and that some towns run their own PEG channels but she is not sure Nantucket can
currently do that. Ms. Gibson said at this point her recommendation is to have a non-profit run the
PEG channel. Chairman Roggeveen said the Board needs to discuss the Administration’s
recommendation and issuing a request for proposal (RFP). Mr. Kopko agreed with the
Administration’s recommendation about having a non-profit run the PEG channel, and questioned
whether the Town would be required to go through the procurement process or not since the Town
already has a non-profit (NCTV) in place. A discussion among Board members followed on
whether the PEG channel should be run by the Town, by a non-profit, or contracted out to a for-
profit, and whether a RFP should be issued. Members of CTAC spoke in favor of having NCTV run
the PEG channel. The Board agreed the PEG channel would not be run by the Town, and the
discussion continued on whether a non-profit or for-profit should run the PEG channel. Mr. Kopko
spoke in favor of going forward with NCTV, a non-profit set up with the cooperation of the Town
and to not go forward with issuing a RFP. Mr. Atherton said he believes a non-profit is the way to
go, the town set up NCTV for this purpose, and a RFP will take unnecessary time. Joanne Johnsen
of CTAC explained that NCTV is just a corporation, and that CTAC recommends the Board activate
this entity which is already in place. Jess Heiner of CTAC reviewed the reasons why CTAC
recommends NCTV. Chairman Roggeveen said she would like to see why NCTV is considered the
best option, what its history is; she said that kind of information is provided through the RFP
process. Arthur Gasbarro urged the Board to come to a quick conclusion and get the PEG channel
up and running soon. Chairman Roggeveen explained she wants to be sure the chosen
organization can use the PEG money well and have a well-defined business plan. Mr. Kopko
moved to request that CTAC develop a draft proposal/agreement for NCTV to operate a PEG
access channel in terms of conceptually what services are to be provided and how, and to allow
consultation with Town Counsel and the Administration; Mr. Atherton seconded. Chairman
Roggeveen asked that her concerns be added to the motion regarding a detailed business plan
and redeveloped bylaws and board for NCTV. Jennifer Erichsen of CTAC said she feels CTAC is
not qualified to draft such an agreement. Mr. Kopko clarified that he is looking for what CTAC
thinks NCTV’s business plan should look like. A discussion on the motion followed. Mr. Willauer
asked NCTV to refine its proposal with resumes of its current board members. On the motion, all in
favor, so voted.
4
Discussion Regarding Open Container Bylaw Enforcement for Upcoming Events (Memorial Day
Weekend; Fourth of July) (Tabled from 28 April 2010). Chief Pittman reviewed a list of summer
special events, noting many require pre-event meetings with various departments to decide what is
required, as well as post-event meetings to generate an after-action report. He reviewed
community coalition initiatives, as well as the social host liability law. Chief Pittman specifically
reviewed Memorial Day Weekend and the Figawi event, as well as the Fourth of July. Regarding
Memorial Day Weekend, he noted that it is considered the first weekend of the summer season,
but not the “worst weekend” in terms of calls to the department, and he reviewed the department’s
plan for the Figawi events. Chief Pittman then reviewed plans for the Fourth of July, including
enforcing the open container bylaw at Nobadeer Beach and other Town-owned beaches, limiting
the number of vehicles allowed to drive on Nobadeer Beach, and not allowing parking on Nobadeer
Avenue. Mr. Kopko said he believes Memorial Day Weekend is a huge problem, not necessarily
because of the Figawi, but because of the “hangers-on” who think the weekend is one big party,
and said the problem needs to be addressed. A discussion followed on how to get the message out
that the Town will not tolerate blatant public drunkenness. Chairman Roggeveen said the Town is
responsible for putting a stop to irresponsible behavior. Members of the audience then spoke out
against excessive partying and public drunkenness. Chairman Roggeveen said the Board will
commit to having updated reports throughout the summer.
Preliminary Discussion of 2010 - 2011 Goals and Objectives. Chairman Roggeveen asked for a
sense of what the Board is looking for in terms of goal setting this year. Mr. Atherton said in the
past the goal setting process didn’t work well regarding follow-through and activity levels, and he
likes the idea of concentrating more on specific issues like the budget, where “resources drive
priorities”. Mr. Willauer said he believes in setting “very ambitious” goals, and maybe not achieving
the goal but going in the direction, such as being the best run municipal town in Massachusetts. In
terms of specific goals, he said he’d like to focus on the budget, water quality, and wind turbines to
start. Mr. Kopko said the Board needs measurable matrixes and timelines and tangible results to
measure. Chairman Roggeveen said she would like to have structure with results, such as the
budget. Chairman Roggeveen asked the Board to review its summer meeting schedule, noting last
year the Board met biweekly during July and August. Mr. Kopko said he was not in favor of a
biweekly summer schedule. Mr. Chadwick and Mr. Willauer said they felt a biweekly summer
schedule is a good idea. Some discussion followed. Mr. Chadwick moved to approve the summer
schedule as presented with meetings every other week in July and August; Mr. Willauer seconded.
So voted 3-2. Mr. Kopko and Mr. Atherton were opposed.
Committee Reports. Mr. Atherton said the newly established Article 68 Work Group met Monday
and has committed to a biweekly meeting schedule. Mr. Kopko moved to direct the committee to
elect officers and move forward with the charge of the committee; Mr. Atherton seconded, noting
that a search for a facilitator could continue in the meantime. Mr. Kopko withdrew his motion. Mr.
Atherton then moved to direct the committee to elect officers; Mr. Chadwick seconded. A brief
discussion followed. On the motion, all in favor, so voted.
The meeting was unanimously adjourned at 9:17 PM.
Approved the 19th day of May, 2010.