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HomeMy WebLinkAboutBoard of Selectmen Minutes November 6, 2008 Executive Session_201402061518133504BOARD OF SELECTMEN/COUNTY COMMISSIONERS EXECUTIVE SESSION. Minutes of the meeting of 6 November 2008 at 9:00 AM. The meeting took place in the 1st floor Conference Room, Town and County Building, 16 Broad Street, Nantucket, MA 02554. Members of the Board present were Rick Atherton, Brian Chadwick, Michael Kopko, Allen Reinhard and Patricia Roggeveen. Also present was Town Manager C. Elizabeth Gibson, Town Counsel Paul DeRensis, and Executive Assistant to the Finance Director Craig Abernathy. Chairman Kopko called the meeting to order at 9:08 AM, following a meeting in open session. Approval of Minutes Approval of Minutes of Meeting of 2 October 2008 and 6 October 2008. Some minor amendments were discussed. Mr. Atherton moved to approve the minutes as amended; seconded by Mr. Reinhard. So voted unanimously by roll call vote. Real Estate Nantucket Yacht Club (NYC)/Stormwater Drainage Easement. Chairman Kopko emphasized the importance of pursuing diplomatic options with NYC, urging the Board to draft a letter requesting the easement from NYC for stormwater drainage purposes. Mr. Reinhard added that leadership at the Club may be awaiting further action from the Board, and agreed that the matter needs to be clarified. Mr. Chadwick stated that these options would affect a positive image for the Town. Paul DeRensis, Town Counsel, pointed to the expenses associated with taking the property, and urged the Board to try to come to an agreement with NYC. Mr. Chadwick moved that the Board draft and send a letter to the NYC; seconded by Mr. Reinhard. So voted unanimously by roll call vote. Viera Status Report. Mr. DeRensis stated that he has answered the complaint filed by the Viera’s regarding a property ownership dispute on Pleasant Street, and is now waiting for a response. Mr. Chadwick stated his intent to research old copies of the Town Crier in order to find a copy of the public notice relating to the disputed property. Citing political implications, Mr. Reinhard asserted his belief that the Town has a clear claim, but it will ultimately have to make its case. Muskeget Island Transfer to Land Bank. Town Manager C. Elizabeth Gibson reviewed the proposed transfer of the Town’s land on Muskeget Island, contained as an article on the December 8, 2008, Special Town Meeting Warrant, and noted the request by the Nantucket Land Council (NLC) for a conservation restriction. She added that the Board previously voted against a conservation restriction. Highlighting the concerns of Muskeget property owner Crocker Snow, Mr. Reinhard stated that Mr. Snow wants a conservation restriction held by the NLC in order to ensure that the Land Bank will not attempt to put any recreational infrastructure on Muskeget. Mr. DeRensis said that in order to alleviate Mr. Snow’s concerns the Town could hold a conservation restriction on the entire island, but he also noted that there may be practical difficulties. Mr. Reinhard asked if the Town could self-restrict the land through a deed restriction, to which Mr. DeRensis responded that the Town could issue a deed to the Land Bank with restrictions. Chairman Kopko asked Mr. DeRensis to draft a deed restriction that could be used to address Mr. Snow’s concerns. Some discussion followed regarding the legal fees associated with drafting the deed restriction. Mr. Reinhard stated that the Land Bank would pay the fees associated with drafting the deed restriction. Ms. Roggeveen moved that the Board request that the Nantucket Land Bank pay all expenses associated with the transfer; seconded by Mr. Chadwick. So voted unanimously by roll call vote. Discussion Regarding Former Federal Aviation Administration Property. Ms. Gibson stated that representatives from the Government Services Association were on the Island on October 10, 2008, and that no federal agencies have indicated federal need for the land. Pointing to the potential need to develop a waste water treatment facility for Madaket, Ms. Gibson said fifty acres on the site would be suitable for such a facility, but also noted that it would be difficult to show required progress within three years of the transfer. Some discussion followed regarding other methods for obtaining the property. Robert Sarkisian House, 15 Union Street. After brief discussion, the Board decided it is not in the interest of the Town to pursue purchase of this property at this time as had been proposed by property owner Robert Sarkisian. Cable Licensing Agreement. Noting that negotiations are in progress, Ms. Gibson said that a current proposal is to include a cable surcharge of up to five percent. Mr. Chadwick indicated disagreement with any surcharge. Chairman Kopko suggested that the Board set a “floor” percentage in order to facilitate agreement. Ms. Roggeveen agreed and suggested that the “floor” be set at 3.5 percent. She then moved that the Board approve a minimum of 3.5 percent; seconded by Mr. Reinhard. By roll call vote Chairman Kopko, Mr. Atherton, Mr. Reinhard and Ms. Roggeveen voted to approve, with Mr. Chadwick opposed. So voted. Soderberg Land Court Petition. Mr. DeRensis pointed out that the Town has indicated a strong interest in preserving access to the water, and that this road borders on Hither Creek. Mr. Chadwick disagreed, stating that the road has no ties to the water. Mr. Reinhard added that he has met with the Soderbergs and viewed the road, noting that the road is overgrown and does not provide access to Hither Creek. He also highlighted the tax roll benefit of actually transferring the land to the Soderbergs. After some discussion about selling the property to the Soderbergs, Mr. Atherton proposed that the Soderbergs be required to make a contribution to the maintenance and upkeep of Barrett Pier as a condition of the transfer. Mr. DeRensis was directed to communicate with the Soderberg’s counsel regarding the proposal. Nantucket Hunting Association/Renewal of Lease Agreement. Mr. DeRensis stated that he is not comfortable with the current lease agreement, as it does not allow the Town to exercise “reasonable control” over the property. He recommended that a pending request for extension be denied and that the Town replace the entire agreement. Mr. Chadwick voiced concern that this item should be discussed in open session. Mr. DeRensis responded that since the item involves the disposition of real estate it should be considered in executive session. Mr. Chadwick again expressed his desire to consider the matter in open session. Chairman Kopko agreed, and suggested that it be listed on a future open session agenda. Ms. Roggeveen added that such a meeting would offer the opportunity for the Board to explain its reasoning. Chairman Kopko asked Mr. DeRensis if the Board has fulfilled its obligations to Annual Town Meeting, to which Mr. DeRensis responded that a vote at Annual Town Meeting does not require action but authorizes action. Members of the Nantucket Hunting Association entered the meeting. Attorney Allison Zieff stated that Nantucket Hunting Association (NHA) experienced permitting delays along with delays due to Town concerns that have resulted in a lack of progress with construction of its facility. Chairman Kopko asked what delays were caused by the Town. Ms. Zieff referred to issues with fuel tanks at nearby Airport property, the Zoning Board of Appeals (ZBA), and discussions about adjacent land use. Steve Holdgate, President of the Nantucket Hunting Association, said that his group has recently made progress, and pointed out that the NHA has recently retained an engineering firm that expects to have drawings for ZBA approval in January. Mr. Chadwick asked if the NHA has an agreement with the Nantucket Conservation Foundation for the use of any of its land, to which Ms. Zieff responded that there is no signed agreement but the NHA has been in close contact with the Foundation. Mr. Holdgate noted that some endangered plant studies were not completed in the summer, so it will be necessary to wait until spring to resume studies for Natural Heritage approval. When asked about the NHA’s timeline, Mr. Holdgate answered that his group will know more when all of the studies have been completed but they hope to break ground next fall. Some discussion of fencing and signage followed. Tentative plans were made to meet on November 20, 2008, to further discuss the lease. Members of the Nantucket Hunting Association left the meeting. Chairman Kopko stated that he would like to further discuss the lease “with a clean piece of paper.” Mr. Atherton voiced concern that the NHA is spending large sums of money on the project, and that if the Board has plans to deny the lease renewal it will be best to let the NHA know as soon as possible. Mr. DeRensis advised that the Board consider the matter in a public hearing before the lease expires on December 6, 2008. Mr. Reinhard proposed that the Board should simply say the contract is null and void on December 7, 2008, and then start over. Mr. DeRensis advised that the Board consider a positive approach, emphasizing that the Board will be going forward with the development of a new lease. Ms. Roggeveen demonstrated her desire to communicate to the NHA all of the issues concerning lease renewal. She described this communication as a message that the Board does not intend to extend the lease, but does plan to enter into discussion on a future lease agreement. Mr. Atherton moved that the Board authorize Ms. Roggeveen to share her thoughts with the NHA; seconded by Mr. Reinhard. By roll call vote Chairman Kopko, Mr. Atherton, Mr. Reinhard, and Ms. Roggeveen voted in favor, with Mr. Chadwick opposed. So voted. The meeting was unanimously adjourned by roll call vote at 11:57 AM. Approved the 8th day of January, 2009. Released the 17th day of February, 2010. .