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HomeMy WebLinkAboutBoard of Selectmen Minutes April 22, 2009_2014020616121124611 BOARD OF SELECTMEN Minutes of the Meeting of 22 April 2009. The meeting took place in the Court 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. Chairman Kopko called the meeting to order at 6:03 PM. ELECTION OF OFFICERS Chairman Kopko opened up the floor for nominations for the Chair of the Board of Selectmen. Mr. Chadwick nominated Ms. Roggeveen and she accepted the nomination. Mr. Reinhard nominated Mr. Kopko and he accepted the nomination. Nominations were then closed. The vote for Ms. Roggeveen as Chair was 2 to 3 with Ms. Roggeveen and Mr. Chadwick in favor and Mr. Kopko, Mr. Reinhard, and Mr. Atherton opposed. The vote for Mr. Kopko as Chair was 3 to 2 with Mr. Kopko, Mr. Reinhard, and Mr. Atherton in favor and Mr. Chadwick and Ms. Roggeveen opposed. So voted to elect Mr. Kopko as Chair. Nominations were then taken for Vice-chair of the Board of Selectmen. Mr. Chadwick nominated Ms. Roggeveen, who accepted the nomination. Chairman Kopko nominated Mr. Atherton, who accepted the nomination. Nominations were then closed. The vote for Ms. Roggeveen as Vice-chair was 3 to 2 with Ms. Roggeveen, Mr. Chadwick, and Mr. Reinhard in favor and Chairman Kopko and Mr. Atherton opposed. The vote for Mr. Atherton was 2 to 3 with Mr. Atherton and Chairman Kopko in favor and Mr. Reinhard, Ms. Roggeveen, and Mr. Chadwick opposed. So voted to elect Ms. Roggeveen as vice-chair. The Board meeting was recessed for Nantucket Regional Transit Authority Advisory Board, Board of Health, and County Commission meetings. Chairman Kopko called the Board of Selectmen meeting back into session at 6:40 PM. ANNOUNCEMENTS National Grid will be working on Orange Street Thursday, May 7, 2009 from 8:00 AM to 3:00 PM; residents should expect power outages. “Rain date” is scheduled for Friday, May 8, 2009. National Grid will be working in Madaket Tuesday, April 28, 2009 from 8:00 AM to 3:00 PM due to a house move; residents should expect power outages. “Rain date” is scheduled for Wednesday, April 25, 2009. Chairman Kopko read a proclamation recognizing April 24, 2009 as Arbor Day on Nantucket. Mr. Reinhard moved to adopt the proclamation; seconded by Ms. Roggeveen. All in favor, so voted. There will be a seedling giveaway in honor of Arbor Day at the Materials Recycling Facility at the landfill Saturday, April 25, 2009. Nantucket has been recognized for the tenth year in a row as a Tree City USA for 2008. Town Manager C. Elizabeth Gibson recognized Dale Gary and Diane Holdgate of the DPW for their hard work in maintaining this status. Chairman Kopko proclaimed May 3 – 9, 2009 Municipal Clerks Week and asked to waive the reading of the proclamation. Mr. Atherton moved to adopt the proclamation; Mr. Reinhard seconded. All in favor, so voted. Ms. Gibson reminded the Board there is no meeting next week as it is the fifth Wednesday of the month. Ms. Gibson reviewed the 2009 committee appointment timeline. 2 Visitor Services restrooms are now open to the public, following renovation. Mr. Reinhard recognized today as Earth Day and said the Town, the Nantucket Land Bank, the Nantucket Land Council, and Crocker Snow have been working together on two conservation restrictions that will protect the entire island of Muskeget. Mr. Reinhard acknowledged Crocker Snow, whose family owns two-thirds of Muskeget and who gave a history of island. Mr. Snow said his family and the Town came to an agreement in December 2008 to place conservation restrictions on their respective properties on Muskeget, keeping it “forever wild”; approvals are still needed at state and local levels. Lynn Zimmerman from the Land Council said she had been working with the Crocker Snow family for almost five years to place a conservation restriction on their land and the plan is for the Town to grant a conservation restriction on its land on Muskeget then immediately transfer the property to the Land Bank following legislative approval. At the same time Crocker Snow will finalize a conservation restriction for his property. PUBLIC COMMENT Marine Superintendant Dave Fronzuto gave an update on pond openings and said the openings of both Sesachacha and Hummock ponds were successful and allowed for good saltwater exchange. He acknowledged that some roads were slightly flooded as a result of Miacomet Pond being high and recent extraordinarily heavy rainfall, but said the water level has already gone down and he will continue to monitor the situation. Mr. Fronzuto said he had applied for an emergency permit from the Army Corps of Engineers to open Miacomet Pond but has not yet received it. Health Inspector Richard Ray said the flooding that occurred from Miacomet Pond was due to heavy rainwater and said that opening Miacomet would cause irreparable damage to the ecosystem of that freshwater pond. Ms. Gibson noted that any proposed opening would require Board of Selectmen approval. Mr. Chadwick asked DPW Director Jeff Willett some questions about Waste Options Nantucket regarding the transportation of construction and demolition (C&D) waste off-island and about the status of the C&D building which is experiencing flooding problems. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS Approval of Minutes of 13 January 2009 at 10:00 AM; 14 January 2009 at 6:00 PM; 15 April 2009 at 10:00 AM. Chairman Kopko abstained from voting on the 13 January and 14 January minutes as he was not present. The minutes of 13 January 2009 at 10:00 AM, 14 January 2009 at 6:00 PM, and 15 April 2009 at 10:00 AM were approved by the unanimous consent of the meeting. Approval of Payroll Warrant for Week Ending 19 April 2009. The payroll warrant for the week ending 19 April 2009 was approved by the unanimous consent of the meeting. Approval of Treasury Warrant for 22 April 2009. The treasury warrant for 22 April 2009 was approved by the unanimous consent of the meeting. CITIZEN/DEPARTMENTAL REQUESTS Park & Recreation: Request for Bunker Property at 130 Tom Nevers Road to be Declared Surplus. Ms. Gibson explained that a number of years ago Park and Recreation entered into a lease with a parcel of Town-owned property but did not go through the required procurement process. She noted that the lease expired in May 2008 and the lessee is currently a “tenant at will”. Ms. Gibson explained that in order to re-lease the property, it technically must first be declared surplus and not needed for municipal purposes. Nantucket Hunting Association (NHA) President Steven Holdgate said the NHA is the current tenant and that it plans to respond to a Request for Proposal for the property once issued by the Town. 3 Mr. Chadwick said he felt the property should be offered to the various Town departments before it is declared surplus. Ms. Roggeveen and Mr. Atherton were in agreement. It was agreed that Town Administration will offer the property to Town departments then report back to the Board. PUBLIC HEARINGS Public Hearing to Review Applications for Ad Hoc Fiscal Committee. It was noted that four applications have been received for two available seats. The following individuals spoke on their applications: Greg Keltz, Neil Paterson, and Linda Sonnonstine. Applicant John O’Connor was absent. Chairman Kopko noted that appointments for the Ad Hoc Fiscal Committee will be made at the 6 May 2009 Board meeting. Public Hearing to Consider Application for Alteration and Expansion of Premises for Annual All- Alcoholic Beverages Restaurant License Held by Queequeg LLC d/b/a Queequeg’s located at 6 Oak Street, Nantucket. Attorney Kevin Dale was present representing John Keane and Caroline Montgomery, owners of 6 Oak Street and 4 E. Chestnut Street. Mr. Dale asked the Board to approve the alteration and expansion of current Queequeg’s liquor license to include the premises at 4 E. Chestnut Street, the location of Mr. Keane and Ms. Montgomery’s new restaurant “Towne”, which would essentially mean one license for two premises. After some discussion, Mr. Chadwick moved to approve the alteration and expansion of the license with the stipulation that a Certificate of Occupancy be required for 4 E. Chestnut Street; Ms. Roggeveen seconded. All in favor, so voted. Public Hearing to Consider Application for New Seasonal All-Alcoholic Beverages Innholder License for Cliffside Beach, Inc. d/b/a Cliffside Beach Club located at 46 Jefferson Avenue, Nantucket (continued from 15 April 2009). Attorney Trish Farnsworth was present representing the applicant. She said that on the issue of alcoholic beverage service on the beach there would be permanent snow fence on either side of the property with “Private Beach” signs posted, signs stating “No Alcohol Beyond This Point” at the end of the umbrella line, numerous attendants to monitor the beach, and no cash or credit card sales on the beach (hotel room keys or Beach Club membership cards will be required in order to receive service). Ms. Roggeveen said she is concerned with the control issue and would like these items incorporated into a written policy from the applicant. Some discussion occurred as to service to the public versus hotel guests with the Innholder license. Mr. Reinhard moved to approve the application with the Planning Board special permit conditions # 8-15 incorporated as the license conditions; Ms. Roggeveen seconded. All in favor, so voted. Ms. Farnsworth said she will get the Board a written policy. TOWN MANAGER’S REPORT Ms. Gibson reviewed this morning’s Audit Committee meeting and said that she, the Assistant Town Manager and the Finance Director are scheduled to meet with Mark Abrahams of the Abrahams Group tomorrow to review the Finance Department implementation plan for the recommendations contained in a report prepared by the Abrahams Group last fall, and to revise the implementation timeline. Ms. Gibson explained that independent verification from the Abrahams Group that the items implemented have been done and done correctly will occur at some point as well. Ms. Gibson reviewed tentative agenda items for the Board’s 6 May meeting. SELECTMEN’S REPORTS/COMMENT Comments (if any) on Department of Housing and Community Development Site Eligibility Request for Nantucket Human Services Center, Inc.’s “Miacomet Place” MGL c. 40B Housing Development at 7 Miacomet Avenue, Nantucket. Mr. Chadwick said that the Board has yet to receive any of the documents that it requested from Nantucket Human Services Center, Inc., namely a business plan and 4 a letter of agreement between Nantucket Human Services Center, Inc. and the private donor who is helping finance the Human Services portion of the project before a lease is issued by the Town. He said he feels it is inappropriate for Nantucket Human Services Center, Inc. to file for a site eligibility letter without getting these documents to the Board in advance. Chairman Kopko agreed and said he would like to see the Human Services Center going forward first, not the housing portion. It was agreed by the Board to make no comment on the Department of Housing and Community Development (DHCD) request. The Board also agreed to have Ms. Roggeveen draft a letter to Nantucket Human Services Center, Inc. informing them that the Board made no comment on the DHCD request and to reiterate that the Board is still waiting on a business plan and a signed agreement (as discussed by Mr. Chadwick), as well as letters of confirmation from potential lease holders in the Human Services Center. Committee Structures: Policy Determinations. Ms. Gibson said there were several committees with outstanding structural issues such as term lengths, etc. Ms. Gibson reviewed Administration’s recommendations for these committees. Mr. Atherton moved to adopt the recommendations as follows: • Energy Committee – vote to stagger terms (all set to expire in 2010): recommend two for three years, two for two years, one for one year; thereafter three-year term lengths • Human Services Grant Review Committee - vote to stagger terms: one for two years, one for three years (to basically approve what the committee has already done) • Harbor Plan Implementation Committee - stagger terms: recommend two for three years, one for two years, one for one year; thereafter three-year term lengths • Roads & Rights of Way - confirm three year term length • Tree Advisory Committee - confirm three year term length with the exception of the Cable Television Advisory Committee, which the Board will review further; seconded by Mr. Chadwick. All in favor, so voted. The meeting was unanimously adjourned at 8:21 PM. Approved the 6th day of May, 2009.