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HomeMy WebLinkAboutBoard of Selectmen Minutes February 20, 2008_201402061518089285BOARD OF SELECTMEN Minutes of the Meeting of 20 February 2008 at 6:00 PM. The meeting took place in the Court Room, Town & County Building, 16 Broad Street, Nantucket, MA 02554. Members of the Board present were Brian Chadwick, Whiting (Whitey) Willauer, Patricia Roggeveen, Allen Reinhard and Michael Kopko. Chairman Willauer called the meeting to order at 6:00 PM. ANNOUNCEMENTS The Board, at the request of the Town Administrator, clarified a new policy whereby vehicles with commercial plates and DPW-issued landfill stickers must be weighed in at the scale and are no longer allowed to use the citizen waste drop-off area for the disposal of construction and demolition debris. PUBLIC COMMENT Susan Nickerson, representing “Save our Sound”, spoke about a public hearing scheduled for March 11, 2008 at Nantucket High School in which Nantucket residents will have their last chance to comment on the proposed Cape Wind Farm. Wind Farm advocate Carl Borchert, Jr. also made some comments. Approval of Minutes of 23 January 2008 at 6:00 PM; 28 January 2008 at 9:30 AM; and 4 February at 9:30 AM. The minutes were approved by unanimous consent of the meeting. Approval of Payroll Warrant for Week Ending 17 February 2008. The payroll warrant was approved by unanimous consent of the meeting. Approval of Treasury Warrant and Pending Contracts for 20 February 2008. The treasury warrant and pending contracts were approved by unanimous consent of the meeting. Finance Department: Request for Approval of Bond Sale. Treasurer Debbie Weiner reviewed the request and Mr. Chadwick moved to approve the following: that the sale of the $26,246,000.00 General Obligation Municipal Purpose Loan of 2008 of the Town dated February 15, 2008, to Citigroup Global Markets Inc. at the price of $26,503,729.35 and accrued interest is hereby approved and confirmed. The Bonds shall be payable on February 15 of the years 2009 through 2028 in the principal amounts due and bear interest at the respective rates; to approve the sale of $14,212,725.00 Bond Anticipation Notes of the Town dated February 15, 2008 and payable February 27, 2009 at par and accrued interest plus premiums; that in connection with the marketing and sale of the Bonds, the preparation and distribution of the Notice of Sale and Preliminary Official Statement dated February 13, 2008, and the final Official Statement dated February 19, 2008, each in such forms as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted; that in connection with the marketing and sale of the Notes, the preparation and distribution of the Notice of Sale and Preliminary Official Statement dated February 13, 2008, and the final Official Statement dated February 19, 2008, each in such forms as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted; that the Bonds shall be subject to redemption, at the opinion of the Town, upon such terms and conditions as are set forth in the Preliminary Official Statement for the Bonds; that the consent to the financial advisor bidding for the Bonds and the Notes, as executed prior to the bidding for the Bonds and Notes, is hereby confirmed; that the Bonds may be secured in whole or in part by insurance or by letters or lines of credit or other credit facilities, as shall, in the discretion of the Treasurer, be in the best interests of the Town; that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver continuing and material events disclosure undertakings in compliance with SEC Rule 15c2-12 in such forms as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference in the Bonds Notes, as applicable, for the benefit of the holders of the Bonds and Notes from time to time; to use proceeds of the Bonds and/or Notes to reimburse the Town for any and all project expenditures which were incurred in anticipation of the issuance of said Bonds and/or Notes, and 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 action, 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; seconded by Mr. Kopko. All in favor. So voted. Public Hearing to Consider Application of Rusty’s Outdoor Power Equipment LLC, Richard Campbell, General Manager, for Class II Motor Vehicle Sales License for Sale and Servicing of Utility Trailers for Premises Located at 85 Pleasant Street. Chairman Willauer opened the hearing and applicant Richard Campbell spoke in favor and explained the proposed operation. As no individual was present to speak in opposition, Chairman Willauer closed the hearing. Mr. Chadwick moved to approve the application of Rusty’s Outdoor Power Equipment, Richard Campbell, General Manager, for a Class II motor vehicle sales license for the sale and servicing of utility trailers at 85 Pleasant Street; seconded by Mr. Kopko. All in favor. So voted. Public Hearing to Consider Application of Jamie Marks for Renewal of Aquaculture License For Parcel Located in Coskata Pond in Nantucket Harbor. Chairman Willauer opened the hearing and Marine Superintendent Dave Fronzuto spoke in favor, recommending a ten-year renewal. No individual was present to speak in opposition and Chairman Willauer closed the hearing. Mr. Chadwick moved to approve the application of Jamie Marks for a ten-year aquaculture license for a parcel of water located in Coskata Pond in Nantucket Harbor; seconded by Mr. Reinhard. All in favor. So voted. Public Hearing to Consider Private Pay Rate Increase/Our Island Home. Chairman Willauer opened the hearing and Our Island Home administrator Pamela Meriam noted the proposed increase rates. Ms. Meriam reviewed the potential new revenue that could be realized by the new rates and Mr. Chadwick questioned whether the private pay residents can afford this increase. Ms Meriam explained that private pay residents pay until they can no longer afford the cost and then a program called MassHealth assumes the costs, so it is beneficial to the Town to realize the income while available. Some discussion followed concerning this issue. Ms. Meriam also noted that the Town’s base Medicaid reimbursement rate should be increased but this takes legislative action. After some additional discussion, Chairman Willauer closed the hearing. Mr. Kopko moved to approve a private pay rate increase for a semi-private room from $280 per day to $390 per day and an increase for a private room from $300 per day to $400 per day; seconded by Mr. Chadwick. All in favor. So voted. Public Hearing to Consider Request of Blackwell and Associates, Inc. on Behalf of Property Owners at 4, 6, 8,10 and 12 Monomoy Creek Road (Map 54, Parcels 147, 148, 149, 54.1 and 54.2), Nantucket, MA for Waiver from Sanitary Sewer Policy to Allow Installation of a Low-pressure, Low-capacity Forcemain Sewer System instead of High-capacity, Full-size Pump Station. Chairman Willauer opened the hearing and Blackwell and Associates representative Arthur Gasbarro explained the request. Public Works Director Jeff Willett reviewed his recommendation and voiced support for the request. As no individual was present to speak in opposition, Chairman Willauer closed the hearing. Mr. Chadwick moved to approve a waiver from the sanitary sewer policy for property owners at 4, 6, 8, 10 and 12 Monomoy Creek Road to install a low- capacity forcemain sewer system; seconded by Mr. Reinhard. All in favor. So voted. Public Hearing to Consider Petition #3976911-1 of Nantucket Electric to Install Three (3) New Poles And Relocate Two (2) Existing poles on Madaket Road between 112 Madaket Road and 2 Wannacomet Road. Chairman Willauer opened the hearing and Mr. Chadwick noted he made some field observations and does not see any problem with the request. Mr. Kopko expressed some concerns, stating this request violates the Town Code. Mr. Kopko asked why no representative from National Grid was present, and Ms. Roggeveen stated she also wished National Grid had been present to explain the petition. After some additional discussion, Chairman Willauer closed the hearing and Mr. Chadwick moved to approve a petition from National Grid to install three new poles and relocate two existing poles on Madaket Road between 112 Madaket Road and 2 Wannacomet Road; seconded by Mr. Reinhard. So voted. Mr. Kopko was opposed. Public Hearing to Consider Application of Angel and Marcos Tejada General Partnership LLC, dba El Rincon Salvadoreno, Andrea Calandriello, Manager for New Common Victualler License for Premises Located at 17 Old South Road. Chairman Willauer opened the hearing and Andrea Calandriello, proposed manager of the new business, spoke in favor and explained the proposed operation. Ms. Calandriello noted that the restaurant plans to operate daily from 7:00 AM until 10:00 PM. As no individual was present to speak in opposition, Chairman Willauer closed the hearing. Mr. Kopko moved to approve the application of El Rincon Salvadoreno, Andrea Calandriello, manger, for a new common victualler license for premises located at 17 Old South Road; seconded by Mr. Chadwick. All in favor. So voted. Public Hearing to Consider Application of ACDC Promotions, Inc., dba Epernay, David V. Cantella, Manager for New Seasonal Wine and Malt Beverages Package Store License for Premises at 1 North Beach Street (tabled from 16 January 2008). Chairman Willauer opened the hearing and Mr. Chadwick explained that this matter was continued from January 16, 2008 due to a Planning Board special permit restriction issue. Attorney Susan McCarthy, representing the applicant, stated the special permit issue is scheduled to be heard by the Planning Board on February 25, 2008. Speaking in opposition to the application was Nantucket resident Curtis Barnes. After some discussion as to whether the Board might consider approving the application contingent upon the Planning Board amending the special permit, Chairman Willauer closed the hearing. Mr. Kopko moved to table action until after the Planning Board matter is resolved; seconded by Mr. Chadwick. So voted. All in favor. Public Hearing to Consider Application of Fish Stix LLC, dba Harpoon Liquors, Joshua Harde, Manager, for New Seasonal All Alcoholic Beverages Package Store License for the Premises Located at 3 Salem Street. Chairman Willauer opened the hearing and Susan McCarthy, representing the applicant, explained that the differences between this application and one approved at the January 16, 2008 for the same LLC. Applicant Joshua Harde stated there are “no ties” to the prior approved application and spoke about the specifics of the lease for the premises. Speaking against the application were Nantucket resident Curtis Barnes and Ken Gullicksen, representing owners of several downtown area liquor stores. After some discussion, Chairman Willauer closed the hearing. Mr. Chadwick moved to approve the application for a new seasonal all alcoholic beverages package store at 3 Salem Street; seconded by Ms. Roggeveen. The application was not approved as Mr. Reinhard, Mr. Kopko and Chairman Willauer were opposed. Public Hearing to Consider Application of Silva Restaurant Management, Inc. dba The Galley at Cliffside, Geoffrey T. Silva, Manager, for Alteration of Premises for Seasonal, All Alcoholic Beverages Restaurant License for Premises Located at 54 Jefferson Ave. Chairman Willauer opened the hearing and Geoffrey Silva, manager of the restaurant, spoke in favor and explained the proposed alterations. Some discussion followed. As no individual spoke in opposition, Chairman Willauer closed the hearing. Mr. Kopko moved approval contingent that the second floor only be used for storage and office space; seconded by Mr. Reinhard. All in favor. So voted. Public Hearing to Consider Application of Global Restaurant Management, Inc. dba Lo La 41, Geoffrey Silva, Manager, for Local Entertainment License for Premises at 15 South Beach Street. Chairman Willauer opened the hearing and Geoffrey Silva, manager of the establishment, spoke in favor. Some discussion followed with regard to proposed hours, type of entertainment planned, and noise abatement. As no individual was present to speak in opposition, Chairman Willauer closed the hearing. Mr. Chadwick moved to approve a local entertainment license for Lo La 41 with the condition that events with a DJ end by 10:00 pm; seconded by Mr. Reinhard. All in favor. So voted. Public Hearing to Consider Application of Andre Associates dba The Summer House, Terrence Cullinan, Manager, for New Seasonal All Alcoholic Beverages Innholder License for Premises Located at 17 Ocean Ave. Chairman Willauer opened the hearing and Christopher Karlson, representing the applicant, spoke in favor. Chairman Willauer closed the hearing, as no individual was present to speak in opposition. Mr. Chadwick moved to approve the application, contingent that all restrictions, as currently exist, be carried forward on the new license; seconded by Ms. Roggeveen. All in favor. So voted. TOWN ADMINISTRATOR’S REPORT Ms. Gibson updated the Board with regard to the fiscal year 2009 budget, based on Board action taken at its meeting of February 19, 2008. After some discussion, the Board generally agreed to provide this information to the Finance Committee. SELECTMEN’S REPORTS/COMMENT Discussion Regarding 2008 Annual Town Meeting Warrant Article Comments. Some discussion followed concerning several warrant articles and pending Finance Committee motions. The meeting was unanimously adjourned at 7:30 PM. Approved the 26th day of March 2008.