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HomeMy WebLinkAboutBoard of Selectmen Minutes April 21, 2010_2014020616201553051 BOARD OF SELECTMEN Minutes of the Meeting of 21 April 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 Whitey Willauer. Chairman Roggeveen called the meeting to order at 6:00 PM. ANNOUNCEMENTS The Parks and Recreation Department will be sponsoring a skateboard competition at the Skate Park on Backus Lane on Saturday, 1 May 2010 at 12:00 PM. Town Manager C. Elizabeth Gibson said Arbor Day is 23 April 2010 and announced the Department of Public Works (DPW) will be hosting a seedling giveaway on Saturday, 24 April 2010 from 8:00 AM to 12:00 PM at Nantucket Landfill (Materials Recovery Facility Area). Chairman Roggeveen read the proclamation declaring 23 April 2010 as Arbor Day. Ms. Gibson noted the Board has two viewings next Wednesday, 28 April 2010 starting at 10:00 AM to review road and bike path layouts. Ms. Gibson reviewed various 2010 committee openings. Mr. Kopko recognized that today is Administrative Professionals Day and thanked Ms. Gibson, Erika Mooney, Gregg Tivnan, Anne McAndrew, and Diane O’Neil, all of the Town Administration office, for the work they do. DPW Director Jeff Willett clarified that the seedling giveaway will be held this Saturday, and, Sunday, if any trees are left. Mr. Willett also gave an update on the paving of Milestone Road, noting there will be no base coat on the road before Daffodil Weekend. PUBLIC COMMENT Richard Cooper inquired who will be filling Allen Reinhard’s vacancy on the Board work group assigned to work with the Nantucket Hunting Association. Vanessa Moore asked if the Board will revisit its policy regarding the opening of Miacomet Pond, noting her basement is wet. Ms. Gibson noted the Town does not currently have a required Army Corps of Engineers permit to open the pond and that the Board’s policy has been not open Miacomet Pond unless there is a public emergency, such as the abutting roads are flooded or undermined. Chairman Roggeveen said she will have a conversation with Ms. Gibson and Marine Superintendent Dave Fronzuto and will report back next week. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS Approval of Minutes of 14 April 2010 at 10:00 AM. The minutes of 14 April 2010 at 10:00 AM were approved by the unanimous consent of the meeting. Approval of Payroll Warrant for Week Ending 18 April 2010. The payroll warrant for week ending 18 April 2010 was approved by the unanimous consent of the meeting. 2 Approval of Treasury Warrant and Pending Contracts for 21 April 2010. Ms. Gibson reviewed the various pending contracts. Deputy Police Chief Charles Gibson reviewed the contracts for the Public Safety Facility, noting the project is currently below budget and on time. Mr. Willett reviewed the change order for the Surfside Wastewater Treatment Facility. Ms. Gibson said there is one additional contract, a grant application to the state from the Energy Study Committee for $390,000 for funds in connection with the proposed Madaket wind turbine. Mr. Willauer reviewed the grant opportunity and a discussion among Board members followed. Ms. Gibson noted that the work to assist with this application was substantial and that if the application is approved, even more effort from Town Administration will be necessary. The treasury warrant and pending contracts for 21 April 2010 were approved by the unanimous consent of the meeting. CITIZEN/DEPARTMENTAL REQUESTS Resignation: Capital Program Committee. Mr. Atherton moved to approve the resignation of Craig Roos from the Capital Program Committee and to send him a letter of thanks for his service; Mr. Kopko seconded. All in favor, so voted. 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. Ms. Gibson explained that the Board recently approved a conservation restriction (CR) on Muskeget per the request of the Nantucket Land Council and Nantucket Land Bank, and that before the CR can be approved at the state level, special legislative language is required to allow the actual granting of the CR. Ms. Gibson said the CR will be held in escrow until the legislative language is approved, then it will be filed with the Registry of Deeds. Mr. Chadwick asked Land Council assistant executive director Lynn Zimmerman if the Land Council would allow the Town to install a temporary test tower on Muskeget to measure wind conditions, as suggested by the Nantucket Planning and Economic Development Commission (NP&EDC). Ms. Zimmerman said that she feels it is very late in the process for the Board to be asking this, and that Muskeget is designated as a natural historic landmark by the Secretary of the Interior and as such she feels the habitat should be kept natural and undisturbed. A discussion on the possible installation of the test tower followed among board members and Ms. Zimmerman. Mr. Kopko said he agreed with Ms. Zimmerman, noting that the Board has worked in good faith with abutting Muskeget land owner Crocker Snow and feel it is too late in the process. It was agreed to table the matter to the Board’s 28 April 2010 meeting to get further information from the NP&EDC, Representative Madden, Town Counsel, and Planning Director Andrew Vorce. Nantucket Land Bank Director Eric Savetsky said he agrees with Ms. Zimmerman and he is concerned that Mr. Snow might back out of his CR for his Muskeget property. Request for Transfer of Common Victualler License from West End Madaket, Inc. d/b/a West End Restaurant to Hither Creek, LLC d/b/a Millie’s for Premises Located at 326 Madaket Road, Nantucket. Mr. Kopko moved to approve the transfer of a Common Victualler license from West End Madaket, Inc. d/b/a West End Restaurant to Hither Creek, LLC d/b/a Millie’s for premises located at 326 Madaket Road; Mr. Atherton seconded. All in favor, so voted. PUBLIC HEARINGS Public Hearing to Consider Application for Transfer of Seasonal All-Alcoholic Beverages Restaurant License from West End Madaket, Inc. d/b/a West End Restaurant, Anderson Grennan, Manager to Hither Creek, LLC d/b/a Millie’s, Christopher Cochran, Manager for Premises Located 3 at 326 Madaket Road, Nantucket. Chairman Roggeveen opened the public hearing. Attorney Rick Beaudette, representing Hither Creek, LLC, spoke in favor of the transfer of the seasonal liquor license and reviewed proposed changes to the business plan for Millie’s. Chairman Roggeveen closed the public hearing. Mr. Willauer left the meeting. Mr. Chadwick moved to approve the transfer of the seasonal all-alcoholic beverages restaurant license from West End, LLC d/b/a West End Restaurant to Hither Creek, LLC d/b/a Millie’s for premises located at 326 Madaket Road; Mr. Atherton seconded. So voted 4-0. Public Hearing to Consider Application of Hither Creek, LLC d/b/a Millie’s, Christopher Cochran, Manager for Alteration of Premises of Seasonal All-Alcoholic Beverages Restaurant License for Premises Located at 326 Madaket Road, Nantucket. Chairman Roggeveen opened the public hearing. Attorney Rick Beaudette, representing Hither Creek, LLC, spoke in favor of the proposed alteration of premises, noting that his client has since changed the proposed plans from what is in the Board’s packet. A discussion followed whether the changes affect the public hearing notice. It was agreed that they do not. Mr. Willauer returned to the meeting. Police Chief William Pittman requested the opportunity to review the new plans before approval. The Board reviewed the new plans submitted. Ken Giles, president of the Madaket Conservation Association, reviewed what the Planning Board has approved in regards to this request. Mr. Beaudette further explained changes to the floor plans, noting that his client acknowledged the need to go back to the Planning Board for outdoor seating. Charles Stott of the Madaket Homeowners Association expressed concerns over outside alcohol service and possible entertainment outside. Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to approve the alteration of premises for Millie’s on the condition that the reviewed plans are reviewed by the police and fire departments and found acceptable by them; Mr. Kopko seconded. All in favor, so voted. Public Hearing to Consider Proposed Amendments to the Town of Nantucket Regulations for the Use of Town-Owned Beaches. Chairman Roggeveen opened the public hearing. Beach Manager Jeff Carlson reviewed the proposed changes to the Town of Nantucket Beach Regulations, noting that at the end of each summer season various departments meet to discuss the positives and negatives of the season. Mr. Carlson added that the proposed changes to the regulations have been vetted by the Beach Management Advisory Committee. Mr. Kopko asked the Board not to take action on the regulation tonight, noting he has a number of concerns which he reviewed. Ms. Gibson said that the regulation changes have been reviewed by Town Counsel and the police department and apply only to guarded beach areas. Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to approve the proposed amendments to the Town of Nantucket Beach Regulations as proposed with an effective date of 1 June 2010 (attached); Mr. Willauer seconded. Mr. Kopko said he feels the Town is over-regulating. So voted 4-1. Mr. Kopko was opposed. 4 Public Hearing to Consider Application for Public Assembly Permit for Egan’s Maritime Festival to be Held 25 September 2010 at Children’s Beach. Chairman Roggeveen opened the public hearing. Jean Grimmer, executive director of the Egan Maritime Institute, spoke in favor of the application. Mr. Kopko recused himself as he is an abutter to the proposed location. Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to approve Egan’s Maritime Festival to be held at Children’s Beach; Mr. Atherton seconded. So voted 4-0. Public Hearing to Consider National Grid Petition for NG Plan # 8173155 to Install P1S on Tennessee Avenue, 34’ East of P1 to Eliminate Low Clearance of Existing Guy Wire From P1 Tennessee Avenue, Crossing North Cambridge Street, Nantucket. Chairman Roggeveen opened the public hearing. Steve Bretton of National Grid spoke in favor of the application. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve National Grid’s petition for plan # 8173155 as presented; Mr. Willauer seconded. All in favor, so voted. Public Hearing to Consider Application for New Common Victualler License for Green Gull, LLC d/b/a The Green, Kamila Olszewska, Manager for Premises Located at 5 West Creek Road, Nantucket. Chairman Roggeveen opened the public hearing. The Green owner Jenny Bence spoke in favor of the application. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve the application for a new Common Victualler license for The Green for premises located at 5 West Creek Road; Mr. Atherton seconded. All in favor, so voted. Public Hearing to Consider Application for Amended Entertainment License for Walk the Dog, LLC d/b/a Cambridge Street Victuals, Patricia A. Gallen-Collette, Manager for Premises Located at 12 Cambridge Street, Nantucket. Chairman Roggeveen opened the public hearing. Mr. Kopko recused himself from this matter. Cambridge Street owner Trish Gallen-Collette spoke in favor of the application, noting she is looking to segue from a restaurant to more of a bar environment. A discussion among Board members followed on the application regarding the expansion of the existing entertainment license from two to three days a week to six days a week with longer hours (7:00 PM to 11:00 PM). Mr. Atherton noted his concern over other establishments requesting to extend their entertainment licenses based on approval of this application. Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to approve the application to amend the entertainment license for Cambridge Street Victuals for premises located at 12 Cambridge Street as requested; Mr. Willauer seconded. So voted 4-0. Public Hearing to Consider Application for Amended Entertainment License for LoLa 41 Restaurant, LLC d/b/a LoLa 41, Marco Coelho, Manager for Premises Located at 15 South Beach Street, Nantucket. Mr. Kopko recused himself from this matter. Chairman Roggeveen opened the public hearing. Attorney Kevin Dale, representing the applicant, spoke in favor of the application. Mr. Dale asked the Board to approve two “minor changes” to the LoLa 41 entertainment license: 1) to expand the hours of the entertainment license from 11:30 AM to 12:30 AM in order to have CD music as background music during lunch service, and 2) to permit LoLa 41 to come back to the Board on a case-by-case basis if it chooses to engage a disc jockey on certain occasions. A discussion followed regarding amplified and non-amplified music. Ms. Gibson recommended striking “non-amplified” from the application. Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to approve the requested amendments to the entertainment license for LoLa 41 for premises located at 15 South Water Street; Mr. Willauer seconded. So voted 4-0. 5 Public Hearing Pursuant to MGL Chapter 40, Section 57 and Section 19-15 of the Code of the Town of Nantucket to Consider Withholding the Issuance of Seasonal Liquor License Pending Payments of Local Taxes, Fees, Assessments, Betterments or Other Municipal Charges for 1 Sparks Avenue. Chairman Roggeveen opened the public hearing. Devon Francis, operator of the Rotary restaurant, said he had had issues with his bookkeeper and would like to enter into a payment plan with the Town for outstanding landfill fees and real estate taxes. Town Counsel Paul DeRensis said the validity of the liquor license can be conditioned on the payment of taxes and fees. Tax Collector Elizabeth Brown noted that a payment plan was in place for FY 2008 and those taxes and fees have been paid to date, adding that Mr. Francis is only behind on his 2009 taxes and fees in the amount of $7,933.48. A discussion among Board members followed on conditions to be placed on the liquor license if it is issued. Attorney Steven Cohen, representing Laura McCluskey, spoke against the issuance of Mr. Devon’s liquor license. Mr. Francis said he is trying to make ends meet as a small business owner and he has a small window in which to make his money. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to issue a seasonal liquor license to Mr. Francis for the Rotary restaurant, on the condition that a certificate is attached to the license noting the license is valid as long as a satisfactory payment plan is in place for outstanding FY 2009 taxes and fees in the amount of $7,933.48, and that if payments lapse, the matter will come back to Board for further review; Mr. Willauer seconded. All in favor, so voted. Public Hearing Pursuant to MGL Chapter 40, Section 57 and Section 19-15 of the Code of the Town of Nantucket to Consider Withholding the Issuance of Seasonal Liquor License Pending Payments of Local Taxes, Fees, Assessments, Betterments or Other Municipal Charges for 13 Fair Street. Chairman Roggeveen opened the public hearing. Executive Assistant to the Town Manager Erika Mooney noted that return receipt cards which were attached to hearing notice letters sent to the owner of 13 Fair Street were not returned. A discussion among Board members followed on how to proceed, and whether the public hearing should be continued or closed. Mr. Kopko suggested that the public hearing be closed and the Board vote to withhold the seasonal liquor license for the Ship’s Inn, and that upon payment of outstanding fees and taxes in the amount of $13,611.35 the seasonal liquor license will be issued. Chairman Roggeveen closed the public hearing. A discussion among Board members and Town Counsel followed on the Massachusetts General Law Chapter 40, section 57 language as it relates to the withholding of a license due to unpaid taxes and fees. Mr. Cohen requested the Board withhold the Ship’s Inn’s liquor license. Mr. Kopko moved to withhold the issuance of a seasonal liquor license to the Ship’s Inn pending payment in full of outstanding FY 2009 fees and taxes due the Town in the amount of $13,611.35; Mr. Willauer seconded. All in favor, so voted. Public Hearing Pursuant to MGL Chapter 40, Section 57 and Section 19-15 of the Code of the Town of Nantucket to Consider Withholding the Issuance of Seasonal Liquor License Pending Payments of Local Taxes, Fees, Assessments, Betterments or Other Municipal Charges for 5 Chestnut Street. Chairman Roggeveen opened the public hearing. Ms. Gibson noted that the return receipt card attached to the hearing notice letter was returned to the Town. Ms. Brown noted that property owner Vanessa Noel owes the Town $41,059.48 in outstanding fees and taxes. Chief Pittman said that the police department has not been able to gain access to the Vanessa Noel Hotel and Vanno Bar to check the establishment for the last two seasons, as it has either been closed or unavailable. Mr. Kopko said he feels the license holder is not meeting the conditions of the license. Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to revoke the 6 seasonal liquor license for the Vanessa Noel Hotel and Vanno Bar; Mr. Kopko seconded. All in favor, so voted. TOWN MANAGER’S REPORT Ms. Gibson reviewed upcoming agenda items, noting an initial Board goals discussion has been scheduled for 5 May 2010. Ms. Gibson also reviewed matters on which Town Administration is currently working. SELECTMEN’S REPORTS/COMMENT Reaffirm Resolution from 1 April 2010 Regarding Human Services Collaborative Study Work Group; Review Comments from Human Services Collaborative Study Work Group. Chairman Roggeveen explained that the Human Services Collaborative Study Work Group met Monday and is fine with the explanation of duties outlined by the Board, and that they plan to meet again next Monday. Dorothy Hertz of the Council for Human Services requested that an additional member be appointed to the Human Services Collaborative Study Work Group, someone who has benefitted from help given by the Department of Human Services. A discussion on Ms. Hertz’s request followed among Board members. Mr. Chadwick said he has concerns over appointing someone who has benefitted from the Department of Human Services as it could be seen as a possible conflict of interest. After further discussion, Mr. Willauer moved to add the Council for Human Services Coordinator as an ex-officio member of the Human Services Collaborative Study Work Group; Mr. Kopko seconded. All in favor, so voted. Mr. Chadwick moved to reaffirm the 1 April 2010 resolution regarding the Human Services Collaborative Study Work Group; Mr. Atherton seconded. All in favor, so voted. 2010 - 11 Board Committee/Liaison/Work Group/Representative Appointments. The Board made its appointments as representatives to the following committees and work groups: Ad Hoc Budget Work Group – Ms. Roggeveen, Mr. Willauer Audit Committee – Ms. Roggeveen, Mr. Atherton Bulk Fuel Study Committee – Mr. Chadwick, Mr. Willauer Capital Program Committee – Mr. Atherton Cemetery Commission Work Group – Allen Reinhard (Board liaison) Community Preservation Committee – Mr. Kopko Human Services Contract Review Committee – on hold Human Services Collaborative Study Work Group – Ms. Roggeveen Energy Study Committee Liaison – Mr. Chadwick Harbor Plan Implementation Committee Liaison – Ms. Roggeveen – on hold Harbor and Shellfish Advisory Board (SHAB) Liaison – Mr. Willauer Roads and Right of Way Committee – Mr. Chadwick Streets & Sidewalks – suspended Downtown Revitalization – Mr. Chadwick, Ms. Roggeveen Cape Cod Selectmen’s Association – all Board members Independent Legal Review Work Group - suspended Nantucket Human Services Center Inc. – Ms. Roggeveen, Mr. Kopko Nantucket Hunting Association – Mr. Chadwick, Mr. Atherton Tick-borne Disease Committee – Ms. Roggeveen The Board consensus was to increase the Roads and Right of Way Committee by one seat. Ms. Roggeveen thanked Mr. Reinhard for continuing to work on committees on behalf of the Board. 7 Review of Town Counsel Evaluation Document. Chairman Roggeveen encouraged all Board members to fill out the Town Counsel evaluation form and return it to the Town Manager. Mr. Willauer said the Board should finish the evaluation as soon as possible and put in as much narrative as possible. Chairman Roggeveen said the forms are due back for the 5 May 2010 meeting. Mr. Kopko said he feels the evaluation form needs updating. Mr. Atherton recommended adding a section for direct users, such as Town Administration and departments. A discussion followed among Board members on the evaluation form, as to whether it is a public document and if the Board will be allowed to review the evaluation forms of the other Board members. Chairman Roggeveen said for the Board to move forward with the current evaluation form and to submit it by 5 May. Mr. Atherton requested an update on water quality issues, including nitrogen loading reports and the estuaries reports. Mr. Willauer inquired what the objective is for Mr. Atherton’s request. Mr. Atherton said the Board should be informed as to how the Town assesses water quality and how the Town should improve water quality. Regarding the Article 68 Work Group, Mr. Atherton recommended that a facilitator be sought to run the meetings, such as Dual Macintyre did for the Ad Hoc Fiscal Committee. A discussion among Board members followed as to whether to allow the Work Group to elect its own chair to run the meetings or if the Board should appoint a facilitator. The Board also discussed the makeup of the membership and the charge of the Work Group. Mr. Atherton moved to accept the membership and charge for the Article 68 Work Group as presented; Mr. Willauer seconded. All in favor, so voted. Committee Reports. Mr. Kopko updated the Board on the Community Preservation Committee and the Nantucket Human Services Center, Inc. Chairman Roggeveen reported on the Tick-borne Disease Committee. Mr. Willauer gave an update on the Harbor and Shellfish Advisory Committee. The meeting was unanimously adjourned at 9:37 PM. Approved the 27th day of October, 2010.