HomeMy WebLinkAboutBoard of Selectmen Minutes May 4, 2011_201402061649140104BOARD OF SELECTMEN
Minutes of the Meeting of 4 May 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, and Patricia Roggeveen. Whiting Willauer
was absent. Chairman Atherton called the meeting to order at 6:00 PM.
I. ANNOUNCEMENTS
1. Town Manager C. Elizabeth Gibson announced that the Town is continuing to issue employee
years of service pins on a quarterly basis, noting tonight five years of service pins will be
presented. Ms. Gibson recognized those present as follows: Virginia Carrera and Gail Holdgate of
Council on Aging; Corey Ray of the Fire Department; and Lilian Grimes of Our Island Home. Ms.
Gibson will issue service awards at a later date to those not in attendance: Diane O’Neil and Anne
McAndrew of Town Administration; Molly Sprouse and Nathan Porter of Information Technology;
Michael Nee, Janine Mauldin, William Sullivan, Brett Morneau, and Howard McIntyre of the Police
Department; Peter Cavanagh of the Fire Department; Richard Decker and Tim Masterson of the
Department of Public Works (DPW); Yolanda Taylor of the Airport; and Nancy Koyl and Laurie
MacVicar-Fiske of Our Island Home.
2. Ms. Gibson reviewed the 2011 committee/board/commission vacancies, noting that the
2011timeline, list of committee openings, current committee membership list, and applications are
all available on the Town’s website (www.nantucket-ma.gov).
3. The office of Human Services has relocated to 2 Bathing Beach Road. Office hours and contact
information will remain the same.
4. Visitor Services Director Kate Hamilton gave an update on Daffodil Weekend and answered
questions from the Board. Ms. Gibson noted that the Chamber of Commerce was also invited to
give an update and the director was unable to attend, although she did submit a letter.
5. Polpis Road resurfacing will begin next week following the grinding of the road this Thursday and
Friday.
II. PUBLIC COMMENT
1. Housing Specialist Susan Witte explained that she received a call from Nantucket Bank
regarding a mortgage refinance, noting that the Town holds a subordinate mortgage on the subject
property. She requested that the Town subordinate the refinancing tonight as the closing is
scheduled to occur Friday, 6 May 2011. Ms. Witte answered questions from the Board. Mr. Kopko
moved to subordinate the mortgage for the subject property as presented; Mr. DeCosta seconded.
So voted 4-0.
III. NEW BUSINESS
None.
IV. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Minutes of 22 September 2010 at 11:00 AM; 13 April 2011 at 6:00 PM; 20 April 2011
at 6:00 PM. The minutes of 22 September 2010 at 11:00 AM, 13 April 2011 at 6:00 PM, and 20
April 2011 at 6:00 PM were approved by the unanimous consent of the meeting.
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2. Approval of Payroll Warrant for Week Ending 1 May 2011. The payroll warrant for week ending 1
May 2011 was approved by the unanimous consent of the meeting.
3. Approval of Treasury Warrant for 4 May 2011. The treasury warrant for 4 May 2011 was
approved by the unanimous consent of the meeting.
4. Approval of Pending Contracts for 4 May 2011. Ms. Gibson reviewed the pending contracts and
answered questions from the Board. The pending contracts for 4 May 2011 were approved by the
unanimous consent of the meeting.
V. CITIZEN/DEPARTMENTAL REQUESTS
1. Treasurer: Request for Approval of Bonds for Wannacomet Water Company and Nantucket
Memorial Airport in the Amount of $7,850,000. Treasurer Deborah Weiner reviewed the request
and answered questions from the Board. Mr. Kopko moved to approve the sale of a $5,750,000
1.50 percent General Obligation Bond Anticipation Note (the “Notes”) of the Town dated May 18,
2011, and payable February 24, 2012, to Jeffries & Company, Inc. at par and accrued interest, if
any, plus a premium of $46,287.50; further voted: that in connection with the marketing and sale of
the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement
dated April 27, 2011, and a final Official Statement dated May 4, 2011, each in such form as may
be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted;
further voted: that the consent to the financial advisor bidding for the Notes, as executed prior to
the bidding for the Notes, is hereby confirmed; further voted: that the Town Treasurer and the
Board of Selectmen be, and hereby are, authorized to execute and deliver a significant events
disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by
bond counsel to the Town, which undertaking shall be incorporated by reference in the Note
Certificate for the benefit of the holders of the Notes from time to time; further voted: that each
member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are,
authorized to take any and all such actions, and execute and deliver such certificates, receipts or
other documents as may be determined by them, or any of them, to be necessary or convenient to
carry into effect the provisions of the foregoing votes; Ms. Roggeveen seconded. So voted 4-0.
2. Request for Alteration of Town Sidewalk in Front of 35 Center Street. Ms. Roggeveen recused
herself from this matter. Attorney Melissa Philbrick, representing Petticoat Row Bakery, reviewed
the request to raise the sidewalk at 35 Center Street, noting the plan is to reuse the existing brick.
Chairman Atherton noted the Board has a recommendation in favor of the request from the DPW.
Mr. DeCosta moved to approve the alteration of Town sidewalk in front of 35 Center Street, as
presented, and to authorize the Town Manager to sign any related paperwork; Mr. Kopko
seconded. So voted 3-0.
VI. PUBLIC HEARINGS
1. Public Hearing to Consider Amendments to Chapter 240, Taxicab Regulations of the Town of
Nantucket. Chairman Atherton opened the public hearing. Ms. Gibson reviewed the history behind
the proposed taxicab regulation amendments, noting they relate to a request from an individual
who had not renewed his taxi license for one or more years and had not paid the yearly license fee.
She added that the current regulations do not allow the Board to be flexible with the license
renewal period and last year the Board asked Town Administration to draft the proposed
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amendments to offer the Board flexibility. As there was no public comment, Chairman Atherton
closed the public hearing. Ms. Roggeveen moved to approve the amendments to Chapter 240,
Taxicab Regulations of the Town of Nantucket; the motion died for lack of a second. Chairman
Atherton said he feels the current taxi regulations have worked well over the years and he feels
changing them now is unnecessary. Mr. DeCosta concurred. Mr. Kopko said he doesn’t see a
compelling reason to amend the regulations. Ms. Roggeveen spoke in favor of amending the
regulations as it gives the Board flexibility as the licensing authority. Chairman Atherton moved that
consideration of the pending matter be closed and that the Board take no further action; Mr. Kopko
seconded. So voted 3-0. Ms. Roggeveen abstained.
VII. TOWN MANAGER’S REPORT
1. Town Counsel: Legal Transition Update Report. Chairman Atherton welcomed Town Counsel
Leonard Kopelman. Mr. Kopelman noted that the legal transition is going well and is almost
complete, and that one of his goals is to help control the Town’s legal budget. He stated that there
has been one change made regarding the Town’s legal defense and third party lawsuits, and that
Kopelman and Paige will only be filing legal appearances compared to the past practice of
defending the Town. He said that the private attorneys for the abutters being sued should “carry
the weight” and Kopelman and Paige will not be active in those types of cases unless otherwise
directed by the Town. Mr. Kopelman answered questions from the Board. Ms. Roggeveen
suggested the Town undertake an audit of its past legal services and associated costs. Chairman
Atherton asked if all legal matters have been delivered to Kopelman and Paige. Mr. Kopelman
stated that all but a few items have been transferred to his firm.
VIII. SELECTMEN’S REPORTS/COMMENT
1. Decision Regarding Proposed Pedicab Regulations (Continued from 20 April 2011; 27 April
2011). Ms. Gibson said it is her understanding that if the Board does not adopt pedicab regulations
it does not automatically allow pedicabs to operate in Nantucket commercially. Mr. Kopelman said
that without regulations, pedicab owners would operate at their own risk and he would not
recommend that. Mr. DeCosta noted that he has redrawn a proposed pedicab service area map
which eliminates the mid-island route as one option, and has a service road to the mid-island as a
second option. Discussion followed among Board members on the proposed new language
discussed at the Board’s 27 April 2011 meeting. Pedicab proponent PJ Antonik stated that he has
invested approximately six months of time into his request for a pedicab license and he clarified
some information that was of concern to the Board. He noted that he cannot make his business
work with less than four licenses. Ms. Roggeveen said she feels pedicabs are not right for
Nantucket and that she is going to hold fast not to enact regulations. Tom Landry spoke against
allowing pedicab service at the Hyline and Main Street. Mr. DeCosta said he is uncomfortable with
Mr. Antonik’s request for four licenses, noting that Mr. Landry has also submitted a letter of interest
for a pedicab license. Mr. Kopko spoke in favor of adopting the regulations with two licenses to be
available. Some discussion followed. Mr. Kopko moved to adopt the regulations as drafted, setting
the initial number of available licenses at two and with option one on the map drawn by Mr.
DeCosta; Chairman Atherton seconded. Mr. DeCosta and Ms. Roggeveen were opposed. So
voted 2-2. The regulations were not adopted and no further action was taken.
2. Discussion: Follow-up to 2011 Annual Town Meeting. Ms. Gibson noted that the Town Clerk
has sent the bylaws adopted at the 2011 Annual Town Meeting to the state and that Town
Administration will be forwarding the Home Rule Petitions to the Town’s legislators shortly. She
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then reviewed specific articles from the 2011 Annual Town Meeting which require further action
and discussed them with the Board. Regarding Article 36, Ms. Gibson said the article proponent
has requested a letter of understanding from the Board regarding the Surfside-area roads. A
discussion among Board members followed on takings, road repairs, and betterments. Article 39
and its associated Special Town Election ballot question regarding mosquitoes were discussed.
Health Director Richard Ray reminded property owners that they have a responsibility for their own
properties and can hire private contractors to spray for mosquitoes. Mr. Kopko asked the Board to
consider holding Annual Town Meeting on a Saturday and make it an all-day community event.
Chairman Atherton said it would be helpful to research this option to see how it works in other
towns. A discussion among Board members followed on reducing the number of articles for future
Annual Town Meetings. Mr. DeCosta commended the Board for withdrawing articles at this year’s
Town Meeting which weren’t yet ready.
3. Discussion: Agenda Setting. Chairman Atherton encouraged Board members to submit
requests for future agenda items. He then reviewed the agenda setting process that occurs
between the chairman, vice chairman, and Town Manager.
4. Committee Reports. Mr. DeCosta reported on a meeting held this morning regarding coastal
management, noting that it was well attended and informative. Chairman Atherton reported on the
recent Nantucket Planning and Economic Development Commission meeting, where parking
issues including possible paid parking for next summer were discussed. Mr. Kopko said there has
been no policy decision made by the Board regarding paid parking yet. Discussion followed among
Board members. Mr. Kopko said he feels the Board should make a policy decision instead of
allowing continued studies to be undertaken, as well as resources and time by Town staff, as he
said the consultants hired by ReMain stated there are basically no parking issues. Chairman
Atherton also reported that the NP&EDC is committed to getting a Climate Action Plan or Energy
Management Plan draft back to the Board for its review by the end of the year. He said Assistant
Harbormaster Sheila Lucey recently gave an informative update to the Harbor Plan Implementation
Committee regarding the waterways and operations part of the committee’s recommendations
matrix.
IX. ADJOURNMENT
The meeting was unanimously adjourned at 7:54 PM.
Approved the 1st day of June, 2011.
BOARD OF SELECTMEN
4 MAY 2011 – 6:00 PM
PUBLIC SAFETY FACILITY COMMUNITY ROOM
4 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
I. 4. Letter from Chamber of Commerce, re: Daffodil weekend update
IV. 1. Draft minutes of 22 September 2010 at 11:00 AM; 13 April 2011 at 6:00 PM; 20 April 2011
at 6:00 PM
IV. 4. Pending contracts spreadsheet for 4 May 2011
V. 1. Vote of the Board, re: approval of bonds
V. 2. Cover letter, plans and photos, re: alteration of sidewalk at 35 Center Street;
recommendation from DPW
VI. 1. Email and letter from Town Counsel, re: proposed regulation amendments, re: Taxi
Regulations; letter from Christopher Ferreira, re: taxi waiting list; letter from Town Clerk to
Oscar Grangrade; letter to Board from Oscar Grangrade; email from Town Clerk; email
from Licensing Agent; Board minutes of 7 July 2010
VIII. 1. Memo from Bob DeCosta, re: pedicabs and proposed service area map; revised pedicab
regulations; letter from Tom Landry, re: request for consideration fro pedicab license
VIII. 2. 2011 Annual Town Meeting follow-up spreadsheet