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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. 2 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 3 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 4 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. 5 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. 6 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. 7 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