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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. 1 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 2 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 3 4 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