HomeMy WebLinkAboutBoard of Selectmen Minutes July 20, 2011_2014020616491288531
BOARD OF SELECTMEN
Minutes of the Meeting of 20 July 2011. The meeting took place in the Public Safety Facility
Community Room, 4 Fairgrounds Road, Nantucket, MA 02554. Members of the Board present
were Rick Atherton, Robert DeCosta, Michael Kopko, Patricia Roggeveen, and Whiting Willauer.
Chairman Atherton called the meeting to order at 6:01 PM following a meeting of the County
Commissioners.
I. BOARD ACCEPTANCE OF AGENDA
Chairman Atherton noted that items VI. 5 and 6 will be moved to the beginning of section VI. In
addition, Chairman Atherton said that item VIII. 5. has been taken off the agenda as at the moment
there is no need for a Special Town Meeting. The Board unanimously accepted the agenda as
amended.
II. ANNOUNCEMENTS
1. There will be no Board of Selectmen meeting Wednesday, 27 July 2011 as the Board is on its
summer schedule.
2. There will be service impacts to the NRTA Wave on Saturday, 23 July 2011 due to Nantucket
Triathlon: no Jetties Beach bus from 11:45 AM to 4:00 PM and no Madaket route bus from 12:30
PM to 3:30 PM.
III. PUBLIC COMMENT
None.
IV. NEW BUSINESS
None.
V. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Minutes 1 June 2011 at 6:00 PM. The minutes of 1 June 2011 were approved by the
unanimous consent of the meeting.
2. Approval of Payroll Warrant for Week Ending 10 July 2011; 17 July 2011. The payroll warrants
for weeks ending 10 July 2011 and 17 July 2011 were approved by the unanimous consent of the
meeting.
3. Approval of Treasury Warrant for 20 July 2011. The treasury warrant for 20 July 2011 was
approved by the unanimous consent of the meeting.
4. Approval of Pending Contracts for 20 July 2011. Town Manager C. Elizabeth Gibson reviewed
the various pending contracts and answered questions from the Board, noting that the Financial
Advisory Associates, Inc. contract is for interim financial management services not a “manager”.
Surfside Wastewater Treatment Facility Chief Operator Robert Inglis answered questions from the
Board on the AECOM contract. The pending contracts for 20 July 2011 were approved by the
unanimous consent of the meeting.
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VI. CITIZEN/DEPARTMENTAL REQUESTS
6. Planning Office: Review of Recommendations on Intersection Study of Surfside Road at Bartlett
Road. Transportation Planner Mike Burns noted that as a result of a 2005 Mid-Island study and
2006-2008 MassDOT intersection crash statistics which showed that the intersection of Surfside
Road at Bartlett Road had the most severe and number of crashes, the Planning Office engaged
the services of Greenman-Pederson, Inc. to develop an alternative traffic control analysis for this
intersection. John Diaz of Greenman-Pederson reviewed the analysis and various
recommendations for improvements to the intersection, including all way stop control; a raised
intersection; turning lanes on Bartlett Road; and roundabout control. Mr. Diaz noted there is limited
sight distance at the intersection, an awkward bike path alignment, and congestion due to the
Nantucket Elementary School traffic. He added that the study, which was conducted in September
2010, showed approximately 14,000-16,000 vehicles per day going through the intersection, and
ten crashes in ten years, one of them being fatal. Mr. Diaz noted that the all way stop would have
the largest cost due to having to relocate the bike path to improve lines of sight issues. He
recommended the all way stop or a mini-roundabout. Mr. Burns and Mr. Diaz answered questions
from the Board. Mr. DeCosta said he feels changes are not needed in this area. Mr. Kopko spoke
against an all way stop or a roundabout. It was agreed that the study and recommendations would
remain “in the queue”.
5. Nantucket Planning and Economic Development Commission: FY 2012 – 2015 Transportation
Improvement Program (TIP) Presentation and Request for Board of Selectmen Endorsement;
Update of 2011 – 2035 Regional Transportation Plan. Mr. Burns noted the NP&EDC has
authorized a 30-day public review of the draft TIP through 18 August 2011. Mr. Burns reviewed the
five-year TIP, noting that the Cliff Road Bike Path extension is in its final year and the Hummock
Pond Bike Path Phase I, from Somerset Lane to Bartlett Farm Road, is set to commence in FY
2013 through FY 2015. Mr. Burns requested the Board recommend that the NP&EDC approve the
draft TIP schedule as presented. Mr. Roggeveen moved to recommend that the NP&EDC approve
the draft TIP schedule as presented; Mr. DeCosta seconded. Mr. Burns answered additional
questions from the Board. On the motion, all in favor, so voted. Mr. Burns stated that the Regional
Transportation Plan (RTP) is a 30-year planning program which is federally required and must be
updated every four years. He noted that the public review process is currently ongoing and copies
of the RTP are available in the Town Administration office, the Planning Office, the Atheneum, and
on the Town’s website. Mr. Burns reviewed the RTP, including the development process and the
goals in the plan, as well as recommended projects, including roadway acquisitions in the vicinity of
the schools, a “Four Corners” roundabout, and reconfiguring the Milestone Rotary, among others.
Mr. Burns answered questions from the Board and requested the Board recommend that the
NP&EDC approve the RTP. Mr. Kopko noted that the study recommends a downtown parking
garage, which he says conflicts with the NP&EDC’s goal of minimizing the use of cars on the
Island. A discussion followed on the plan and the possibility of removing the Wilkes Square
redevelopment and parking garage from the RTP. Ms. Roggeveen recommended the Board
continue its discussion before the end of the public comment period on 22 August 2011. NP&EDC
Chair Nathaniel Lowell spoke in favor of the RTP as presented, and invited the Board to attend its
next meeting on 1 August 2011. Chairman Atherton noted the Board will discuss the RTP at its
next two meetings.
6. Review of Recommendations on Bike Route/Lane Pavement Markings for Prospect and Orange
Streets. Mr. Burns reviewed the proposal for bike route stenciling along sections of Prospect Street
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and Orange Street and asked for the Board’s endorsement. Discussion among the Board followed.
Mr. Kopko said he feels the stencils give a false sense of safety to bicyclists. Ms. Roggeveen
disagreed, saying it informs drivers and bicyclists to share the road. Ms. Roggeveen moved to
approve bike route stenciling on portions of Prospect Street and Orange Street as presented; Mr.
DeCosta seconded. So voted 4-1. Mr. Kopko was opposed.
1. Planning Board Alternate Vacancy. Mr. Atherton noted that Jean Wagley has chosen not to
accept her appointment as a Planning Board alternate, and that the seat will be re-advertised.
2. Assessor: Request for Endorsement of Abatement Advisory Committee Appointments.
Assessor Deborah Dilworth recommended the reappointment of Judith A. Moran, Joseph J.
McLaughlin, and H. Flint Ranney as Abatement Advisory Committee members for one year terms.
Mr. DeCosta moved to approve the appointments as recommended; Ms. Roggeveen seconded. All
in favor, so voted.
3. Town Administration: Request for Acceptance of Gift of $60,000 from ReMain Nantucket for
Energy Consultant Position. Assistant Town Manager Gregg Tivnan noted the energy consultant
position would assist the Town with its long-term energy strategy. Mr. Atherton thanked ReMain
Nantucket for its generous gift. Mr. Willauer moved to accept the gift of $60,000 from ReMain
Nantucket for an energy consultant position; Mr. DeCosta seconded. All in favor, so voted.
4. Steven D’Agostino and Laura Ulbaldino: Request for Appeal of Building Permit Penalty Fee.
Attorney Richard Glidden, representing the appellants, reviewed the waiver request, noting his
clients bought a house from the bank that was in foreclosure and did not expect to encounter
penalty fees at the Building Department. Ms. Roggeveen said she is not typically in favor of waiving
fees but she feels this case has mitigating circumstances. Mr. DeCosta concurred. Mr. Kopko said
he feels if the Board approves this waiver, similar requests will be forthcoming. Building
Commissioner Steve Butler noted that in the last four months, three current owners paid for
pervious misdeeds of past owners, but that only one has come through the foreclosure process.
Chairman Atherton said he is not in favor of waiving the fees as he feels this should have been
caught in the closing process. Mr. Willauer concurred with Chairman Atherton. Discussion among
Board members followed. Mr. DeCosta moved to waive the Building Department penalty fees as
requested; Ms. Roggeveen seconded. So voted 3-2. Chairman Atherton and Mr. Willauer were
opposed.
VII. PUBLIC HEARINGS
1. Public Hearing to Consider Application for Junk, Old Metals, and Second Hand Articles License
for P&M Reis Trucking, Inc. for Property Located at 10 Industry Road. Chairman Atherton opened
the public hearing. There was no public comment. Chairman Atherton closed the public hearing.
Mr. Kopko moved to approve a Junk, Old Metals, and Second Hand Articles License for P&M Reis
Trucking, Inc. as presented; Mr. DeCosta seconded. All in favor, so voted.
2. Public Hearing to Consider Application for Change of Location of Annual All-Alcoholic Beverages
Club License Held by Sidney and Robert Henderson Post 8608 of US, Inc., Arnold Paterson,
Manager, for New Premises Located at 22 Bunker Road. Chairman Atherton opened the public
hearing. There was no public comment. Chairman Atherton closed the public hearing. Mr. Kopko
moved to approve the change of location of the annual all-alcoholic beverages club license held by
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the Sidney and Robert Henderson Post 8608 to 22 Bunker Road as presented; Mr. DeCosta
seconded. All in favor, so voted.
3. Public Hearing to Consider Application for New Entertainment License for Queequeg’s LLC d/b/a
Queequeg’s, Caroline Montgomery, Manager, for Premises Located at 6 Oak Street. Chairman
Atherton opened the public hearing. Attorney Lori D’Elia, representing Queequeg’s LLC, spoke in
favor of the application. Jack Ray, on behalf of abutters Tom and Cindy Katsapetses, noted that
Queequeg’s and Town have had music for years, and there are ongoing noise issues between
them. Ms. D’Elia stated there had been a misunderstanding and her clients thought they already
had an entertainment license, noting when they realized their error they applied for the required
license and that what is being proposed is no different than what has been played in the past.
Chairman Atherton closed the public hearing. Mr. Kopko moved to approve a new entertainment
license for Queequeg’s LLC as presented, noting the issues with the neighbors can be addressed;
Mr. DeCosta seconded. Some discussion among Board members followed, and Mr. Willauer noted
his concern over the “creeping insonification” occurring downtown. On the motion, all in favor, so
voted.
4. Public Hearing to Consider Application for Public Assembly Permit for “Summer Soiree to
Benefit the Nantucket Boys and Girls Club” to be Held 23 July 2011 at the Boys and Girls Club, 61
Sparks Avenue. Chairman Atherton opened the public hearing. Haley Feldman, representing the
soiree committee, spoke in favor of the application. Chairman Atherton closed the public hearing.
Mr. Tivnan noted that the Administration’s event committee reviewed the application on 1 July
2011. Mr. Kopko noted that he is concerned about the timing of the application coming before the
Board three days before the event. Ms. Gibson said the Administration is revamping its events
process. Mr. DeCosta moved to approve the public assembly permit for the Summer Soiree as
presented; Mr. Kopko seconded. All in favor, so voted.
5. Public Hearing to Consider Application for Public Assembly Permit for Nantucket Triathlon Club’s
“Tour of Nantucket” 28 Mile Bicycle Race to be Held 14 August 2011. Chairman Atherton opened
the public hearing. Jason Bridges, president of the Nantucket Triathlon Club, spoke in favor of the
application, noting that the race has been held for the last eight or nine years. He added the
Nantucket Triathlon Club was established last year and took over the race. Mr. Tivnan noted that
the event committee met Monday and the details of the race have been worked out and there will
be significantly less than 250 participants and no road closings. Mr. Bridges said he estimated
there will be approximately 40-60 racers with a cap at 100. He answered questions from the Board.
Deputy Police Chief Charles Gibson noted that this race is similar to the Iron Teams bicycle portion
with a very fast race. Chairman Atherton closed the public hearing. Mr. DeCosta moved to approve
the public assembly permit for the “Tour of Nantucket” as presented; Ms. Roggeveen seconded. All
in favor, so voted.
6. Public Hearing to Consider Application for Public Assembly Permit for Nantucket Triathlon Club’s
“Nantucket Half Marathon” 13.1 Mile Running Race to be Held 9 October 2011. Chairman Atherton
opened the public hearing. There was no public comment. Chairman Atherton closed the public
hearing. Mr. Tivnan noted the events committee reviewed the application, there will be police
details present, and there will be no road closures. Ms. Roggeveen moved to approve the public
assembly permit for the “Nantucket Half Marathon” as presented; Mr. Kopko seconded. All in favor,
so voted.
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7. Public Hearing to Consider Amendments to Chapter 240: Taxi Regulations of the Town of
Nantucket, Taxi Zone Map, and Taxi Rate Sheet. Chairman Atherton opened the public hearing.
Mr. Willauer inquired about the accuracy of the boundary lines. Chairman Atherton closed the
public hearing. Mr. DeCosta moved to approve the boundary changes of the Mid-Island B Zone to
include all of Naushop and the Airport Zone to include all of the paved portion of New South Road
as requested by the Nantucket Taxi Owners’ Association to be effective 1 August 2011; Ms.
Roggeveen seconded. All in favor, so voted. Mr. DeCosta moved to approve a language change
request to the Taxi Rate Sheet to read “Cross Town rate only applies to/from Nantucket Memorial
Airport (not Airport Zone)”, to be effective 1 August 2011; Mr. Kopko seconded. All in favor, so
voted.
At 8:29 PM Mr. DeCosta left the meeting; he returned at 8:31 PM.
8. Public Hearing to Consider Appeal of Three Martin’s Lane LLC of Historic District Commission
Disapproval of Certificate of Appropriateness No. 56434 for Property Located at 3 Martin’s Lane
(Continued from 15 June 2011). Chairman Atherton opened the public hearing and reviewed the
appeals procedure. Attorney Steven Cohen, representing the appellant, reviewed the history of his
clients’ attempts to gain approval from the HDC to install a driveway on Martin’s Lane since 2009.
At 8:55 Mr. Willauer left the meeting; he returned at 8:58 PM.
Mr. Cohen noted that one of the reasons given for the HDC denial is the curb cut, and stated that
the Superior Court has ruled the HDC has no jurisdiction over curb cuts and remanded the case to
the HDC. HDC Administrator Mark Voigt said the Superior Court ordered that the decision of the
HDC as upheld by the Board of Selectmen be annulled and the matter remanded to the HDC for a
hearing and decision to be made on the merits of the application. Mr. Voigt reviewed sections of
the HDC enabling legislation and said the HDC does have jurisdiction over driveways. He added
that the HDC feels Martin’s Lane is inappropriate for a driveway and he reviewed portions of the
HDC’s second denial. Mr. Voigt requested the Board uphold the HDC decision and deny the
appeal. HDC Chairman David Barham noted that Town Counsel drafted the HDC’s second denial
decision. On rebuttal, Mr. Cohen stated the Superior Court decision said the HDC had to review
the application on its merits and within the HDC’s jurisdiction. Mr. Voigt said the HDC reviewed the
application thoroughly, noting Martin’s Lane is different than any other place on the Island. Attorney
John Giorgio from Town Counsel’s office advised that the Board should allow members of the
public to express their views but not to offer testimony. Michael May, executive director of the
Nantucket Preservation Trust, spoke in opposition to the appeal, saying he feels a driveway will
harm the historic characteristics of Martin’s Lane. Eva Moss of 7 Plumb Lane spoke in opposition
to the appeal. Chairman Atherton closed the public hearing. Mr. Kopko said he feels the HDC
acted within its guidelines, does not feel the HDC acted arbitrarily or capriciously, and said he will
uphold the HDC decision, noting that the money the Town spent defending the decision is money
well spent. Ms. Roggeveen said the HDC is acting outside its jurisdiction, and shouldn’t decide
whether a driveway belongs on Martin’s Lane, only the type of driveway. Mr. DeCosta said he feels
there is a unique historic setting regarding the curb cut and he feels the HDC acted properly. Mr.
Willauer said he can find no reason that the HDC acted improperly or outside its rights. Chairman
Atherton said he feels the HDC was diligent and acted within its authority. Mr. Kopko moved to
request that Town Counsel draft a motion to deny the appeal; Mr. Willauer seconded. So voted 4-1.
Ms. Roggeveen was opposed.
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VIII. TOWN MANAGER’S REPORT
1. Discussion Regarding Marine and Coastal Resources Department Proposed Fee Increases.
Marine Superintendent Dave Fronzuto said this is a discussion to determine whether the Board
wants to hold a public hearing to approve Marine and Coastal Resources Department fee
increases. Mr. Willauer noted he has a mooring in the harbor and will recuse himself from any
mooring discussions. Mr. DeCosta said he has a mooring and a shellfish license so he will be
recusing himself as well. Mr. Kopko said he is recusing himself because of the scallop boxes. Mr.
Giorgio recommended bifurcating the discussion and to separate the mooring, shellfish licenses
and scallop boxes in both tonight’s discussion and any public hearing. Regarding moorings, Mr.
Willauer and Mr. DeCosta recused themselves from the discussion. Mr. Fronzuto noted there have
been no mooring fee increases since 2002. It was the consensus of Chairman Atherton, Ms.
Roggeveen, and Mr. Kopko to schedule a public hearing for mooring fee increases. Concerning
shellfish licenses and scallop boxes, Mr. DeCosta and Mr. Kopko recused themselves from the
discussion. It was the consensus of Chairman Atherton, Mr. Willauer, and Ms. Roggeveen to
schedule a public hearing for shellfish licenses and scallop boxes. Mr. Fronzuto reviewed the
remaining proposed fee increases. Mr. Willauer recused himself from the discussion. Mr. Fronzuto
noted the fees cover wear and tear on the docks and bathrooms. Mr. DeCosta suggested flat fees
for excursion trips and seasonal rates for transient dockage.
At 9:51 PM Mr. Kopko left the meeting.
Mr. DeCosta said he feels fees should also be established in Madaket for usage. It was the
consensus of Chairman Atherton, Ms. Roggeveen, and Mr. DeCosta to schedule a public hearing
for the remaining fees.
At 9:54 PM Ms. Roggeveen left the meeting.
2. Coastal Management Plan Development Update. Ms. Gibson said staff is working on coastal
management principles, focusing on erosion control. She noted there is a meeting on Friday and
the regional director of Coastal Zone Management will be present.
3. Monthly Update Regarding Resolution to FY 2010 Audit Issues. Assistant Finance Director Irene
Larivee reviewed progress made to date, noting the key focus is cash reconciliation. She said the
County is 100% reconciled, and the Town is reconciled through April. She added that all legacy
accounts have been closed.
4. Town Administration: Update on Review of Financial Policies. Ms. Gibson said she hoped to get
the proposed financial policies finalized but that she is waiting to get comments back from the
Board and Finance Committee.
At 9:58 PM Ms. Roggeveen returned to the meeting.
5. Discussion Regarding Proposed Special Town Meeting. This matter was taken off the agenda.
6. July Cape Cod Managers Association Meeting Update. Ms. Gibson gave an update on a Cape
Cod Managers monthly meeting that she recently attended.
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Ms. Gibson noted that Chairman Atherton, Mr. Willauer, and she all attended an Advisory
Committee of Non-voting Taxpayers meeting last Saturday.
IX. SELECTMEN’S REPORTS/COMMENT
1. Authorization: Valet Parking Fee with Parks and Recreation Commission. Chairman Atherton
noted that the Parks and Recreation Commission voted to require 10% of gross revenue from the
Nantucket Valet service to be paid to Parks and Recreation, and that any changes will require
going before the Board for review. He added that Nantucket Valet is now officially open for
business.
2. Review of Town Manager Performance Evaluation Form. Chairman Atherton recommended that
the Human Resources Director review the current performance evaluation forms and obtain
samples from other towns.
3. Committee Reports. Mr. Willauer gave an update on the proposed Madaket wind turbine, noting
that balloons were floated at the proposed site to give citizens an understanding of placement and
height of the turbine, and that the Energy Study Committee has presented the turbine to the HDC
for review.
IX. ADJOURNMENT
The meeting was unanimously adjourned at 10:04 PM.
Approved the 17th day of August, 2011.
BOARD OF SELECTMEN
20 JULY 2011 – 6:00 PM
PUBLIC SAFETY FACILITY COMMUNITY ROOM
4 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
V. 1. Draft minutes of 1 June 2011 at 6:00 PM
V. 4. Pending contracts spreadsheet for 20 July 2011
VI. 1. Email from Jean Wagley, re: Planning Board alternate seat
VI. 2. Memo from Assessor, re: Abatement Advisory Committee appointments
VI. 3. Letter from ReMain Nantucket, re: $60,000 gift
VI. 4. Letter from Glidden & Glidden, PC and associated documents, re: appeal of building
permit penalty fees; memo from Building Commissioner
VI. 5. Memo from Transportation Planner, re: Transportation Improvement Program (TIP); memo
from Transportation Planner, re: Regional Transportation Plan (RTP); draft RTP dated 13
June 2011
VI. 6. Memo from Transportation Planner, re: Surfside and Bartlett Roads Intersection Study;
memo from Transportation Planner, re: bike route markings for Prospect and Orange
Streets
VII. 1. License application for P&M Reis Trucking, Inc., re: Junk, Old Metals, and Second Hand
Articles
VII. 2. ABCC application for change of location for Sidney and Robert Henderson Post 8608
VII. 3. Cover letter and application for entertainment license for Queequeg’s; letter from abutter
VII. 4. Public Assembly Permit application for Summer Soiree
VII. 5. Public Assembly Permit application for Nantucket Triathlon Club’s Tour of Nantucket; route
map
VII. 6. Public Assembly Permit application for Nantucket Triathlon Club’s Nantucket Half
Marathon; route map
VII. 7. Letter from Nantucket Taxi Owners’ Association, re: requests for boundary map changes
and taxi rate language change; associated maps
VII. 8. Appeals procedure; email from Town Counsel; abutter letters; letter from Attorney Steven
Cohen; HDC appeal packet, including cover letter, minutes, HDC certificate of
appropriateness disapproval; Superior Court memorandum of decision; HDC
memorandum with attachments
VIII. 1. Proposed fee chart for Marine and Coastal Resources Department; email from Town
Counsel
VIII. 3. Memo from Assistant Finance Director, re: June progress; timeline
VIII. 4. Draft financial policies: financial reserves; financial accounting policy and process; use of
one-time financial resources; user fees and charges
IX. 2. Town Manager’s evaluation form; policy for evaluation of Town Manager