HomeMy WebLinkAboutBoard of Selectmen Minutes January 7, 2009_201402061612143555BOARD OF SELECTMEN
Minutes of the Meeting of 7 January 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, Allen Reinhard, and Patricia Roggeveen. Vice-chairman Roggeveen
called the meeting to order at 6:00 PM.
ANNOUNCEMENTS
Ms. Roggeveen reviewed a Division of Marine Fisheries hearing yesterday in Hyannis which went
well and had a good turn-out. A decision on SHAB’s scallop workgroup recommendations, which
the Board approved on 22 December, will be made by the state next week. Ms. Roggeveen
thanked Martha’s Vineyard representatives for attending the hearing in support of Nantucket.
PUBLIC COMMENT
None.
APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
Approval of Minutes of 29 October 2008 at 4:00 PM; 6 November 2008 at 9:00 AM; 12 November
2008 at 6:00 PM; 19 November 2008 at 6:00 PM; 8 December 2008 at 12:00 PM; 10 December
2008 at 6:00 PM; 17 December 2008 at 11:30 AM. The minutes of 29 October 2008 at 4:00 PM as
amended, 6 November 2008 at 9:00 AM, 12 November 2008 at 6:00 PM, 19 November 2008 at
6:00 PM, 8 December 2008 at 12:00 PM, 10 December 2008 at 6:00 PM, and 17 December 2008
at 11:30 AM were approved by the unanimous consent of the meeting.
Approval of Payroll Warrant for Weeks Ending 21 December 2008; 28 December 2008; 4 January
2009. The payroll warrants for the weeks ending 21 December 2008, 28 December 2008, and 4
January 2009 were approved by the unanimous consent of the meeting.
Approval of Treasury Warrants for 24 December 2008; 31 December 2008; 7 January 2009 and
Pending Contracts for 7 January 2009. Town Manager C. Elizabeth Gibson added an additional
contract not listed on the schedule, which is a construction contract with Massachusetts Highway
for the construction of the Nobadeer Farm Road bike path. It is a 110% reimbursement contract,
where the extra 10% allows for some minimum amount of overages; anything above that the Town
is responsible for. The treasury warrants for 24 December 2008, 31 December 2008, and 7
January 2009 and pending contracts for 7 January 2009 were approved by the unanimous consent
of the meeting.
CITIZEN/DEPARTMENTAL REQUESTS
Citizen Request for Appointment of Selectmen Liaison for Planning of New Courthouse for
Nantucket. Ms. Gibson explained this request was made by Wayne Holmes but said she spoke
with him and he now doesn’t think it should be a formal agenda item. She said Mr. Holmes
suggested he meet with Ms. Gibson. Ms. Gibson said it is clear that this will not be a Town funded
project.
Police Department: Request to Schedule Hearing for Liquor License Violation(s)/Cinco
Restaurant. Police Chief William Pittman reviewed the violations, which involve after-hours alcohol
service. Mr. Reinhard moved to schedule a public hearing on the matter for 21 January 2009; Mr.
Atherton seconded. All in favor, so voted.
Save Our Sound: Request for Execution of Letter to Federal Minerals Management Service (MMS)
Regarding Circulation of Final Environmental Impact Statement for Cape Wind Project. Ms. Gibson
said an email request was received from the Save Our Sound (SOS) group asking the Town to
send the requested letter. Mr. Chadwick said he felt the SOS –drafted letter accused the MMS of
thwarting the public process and said he would not support or sign it as drafted. Mr. Atherton said
he agreed and asked if there was a way to re-draft the letter. Mr. Reinhard said he also objected to
the tone of the letter, is reluctant to sign it, and suggested the Board pass on it. Mr. Atherton said
the Board should not disregard the letter as it is an appropriate time to reassert the Town’s view.
Director of Planning Andrew Vorce said the NP&EDC is also a cooperating agency and suggested
the Board send a simple letter to the MMS requesting a copy of the final environmental impact
report before it is released to the public. Mr. Atherton suggested the letter be jointly signed by the
Board and the NP&EDC. Mr. Vorce said the NP&EDC could hold a special meeting on 12 January
to review the letter and vote on signing it with the Board.
Request for Acceptance of $7,500 from Siasconset Beach Preservation Fund (SBPF) to Defray
Legal Expenses Associated with Review of Licenses for Use of Town Property for Erosion Control
Project. Attorney Kevin Dale, representing SBPF, asked the Selectmen to accept the $7,500 gift.
Ms. Gibson explained the “gift” is one of the conditions the Board imposed on SBPF in connection
with the Town’s approval of a license agreement for the use of Town land. Mr. Chadwick moved to
accept the $7,500 gift from SBPF to defray legal expenses associated with the review of licenses;
Mr. Atherton seconded. All in favor, so voted.
TOWN MANAGER’S REPORT
Preliminary Review of 2009 Annual Town Meeting Warrant Articles. Mr. Vorce, along with Senior
Planner Leslie Snell and Land Use Planner Tom Broadrick, reviewed Planning Board-sponsored
warrant articles and asked that the Board include them in the 2009 Annual Town Meeting warrant.
Mr. Vorce encouraged citizens to contact the Planning Office if they have questions on the articles.
Ms. Gibson then reviewed proposed Selectmen-sponsored warrant articles as well as articles
requested by other departments. Both Ms. Gibson and Mr. Vorce answered the Board’s questions
that came up as they reviewed the warrant articles. Attorney Melissa Philbrick, representing
Sherburne Commons, elaborated on the zoning change request from Sherburne Commons. The
request is for the Board to sponsor a town meeting warrant article to change the zoning on the lot
of the assisted-independent living facility. Ms. Philbrick said the requested change is 1) a
definitional change to permit skilled-nursing which is currently not permitted; 2) addresses
restrictions with ownership and management of the facility; and 3) addresses the maximum number
of units on the site. She explained that Sherburne Commons is currently in bankruptcy court and is
trying to restructure to become solvent and successful. Ms. Philbrick said there is still the land
lease with the Town which imposes its own issues, but that the proposed zoning change could add
flexibility to widen the pool of potential buyers. Vice-chairman Roggeveen said it is important to
note that the request is coming forward from Sherburne Commons and has not been initiated by
the Town. Ms. Philbrick said the intention of the request is to initiate a discussion and it is just a
concept, not a draft of an article. Town Counsel Paul DeRensis suggested waiting to change
zoning until a potential buyer is involved, and that the general practice is make changes with the
new buyer, not the seller. Ms. Philbrick said Sherburne Commons doesn’t want to end up excluding
potential buyers and that they hope to start a discussion with the Board at the end of January or
early February. Vice-chairman Roggeveen said the Administration will discuss the issue with
Planning and they will leave the meeting with the commitment to keep looking at the issue, but not
to include that article at this time.
Ms. Gibson informed the Board that Administration has spent a good amount of time the last
couple of days working on projects to submit for the federal economic stimulus package. The Town
was contacted by the Lt. Governor’s office last week about submitting projects; each project
requires a multi-page application and the applications are due tomorrow. Administration is also
sending packets to federal congressional delegates as well as the Town’s state delegation. Ms.
Gibson explained there are certain criteria to apply for funds, including the projects being “shovel-
ready” by the end of May 2009, the permitting and bidding being complete, the projects must
demonstrate an economic stimulus impact, and they must be completed within two years of
groundbreaking. Various eligible areas include public safety buildings, waste water facilities, water
facilities, solid waste facilities, and recreational, municipal and general governmental buildings.
Administration prepared 19 project applications, including the police phase of the public safety
facility, two waste water, four transportation, three recreational, four general governmental
municipal buildings, and five for school. Ms. Gibson said if funding does come through, depending
on which application(s) are approved, the Town would probably have to go back to a special town
meeting to get the funds appropriated. Ms. Gibson recognized Assistant Town Manager Malachy
Rice for preparing and putting together a very professional package. Vice-chairman Roggeveen
asked for clarification these are grant dollars to facilitate these various projects; Ms. Gibson
affirmed this. Mr. Rice acknowledged the help and support of various department heads as well as
school officials and the leadership of Town Administration to make this application package
happen. Mr. Atherton said he encouraged Administration to identify support for Nantucket’s effort,
and suggested possibly hiring a lobbyist or getting residents involved with political clout.
Ms. Gibson explained that on 31 December 2008 the Board and staff spent a lot of time on the
property transaction for Ryan/Millie’s Cottage approved by the 8 December 2008 Special Town
Meeting. She said the last item that needs to be done is for the Board to formally vote to accept a
gift from the Ryans in the amount of $12,500 to defray legal and other expenses. Mr. Chadwick
moved to accept the gift; Mr. Atherton seconded. All in favor, so voted. Mr. DeRensis thanked the
Board for holding a special meeting, as well as the Town Manager and staff for going out of their
way to make sure the transaction took place, acknowledging that it was a lot of work was done on
short time. Vice-chairman Roggeveen thanked the Planning Board for also holding a special
meeting to approve the site plan.
SELECTMEN’S REPORTS/COMMENT
Discussion Regarding Nantucket Hunting Association (NHA) Lease of Town Property. Vice-
chairman Roggeveen explained that Mr. Reinhard and Mr. Chadwick have met with the NHA as
liaisons for the Board. Mr. Reinhard said their meeting was a positive one and the focus of the
meeting was concerns with the existing ground lease. He said his main concern was with
essentially “giving over” 50 acres of Town-owned property and that the ultimate decision the Board
will make is what the public benefit is of the NHA shooting range. Mr. Reinhard said they also
identified concerns of noise, the mitigation required for endangered plants, any other mitigation
necessary, and mainly finances. He said whatever proposal the NHA comes forward with has to be
financially sound. Mr. Reinhard said they discussed a closed range at another location but that
there was no positive response from the NHA. They also addressed the concerns on the use of
lead shot, the hours of operation, and the state of the property when it is returned to the Town at
the end of the lease. Mr. Chadwick said they agreed to meet again. Mr. Reinhard said the NHA
wants to get back to the Zoning Board of Appeals and is currently soliciting the Nantucket
Conservation Foundation, the Land Bank, and the neighbors regarding their concerns. Vice-
chairman Roggeveen said the Board has discussed this matter often in executive session and the
goals for tonight should be to have the public understand where the Board is coming from and to
let the Board share its concerns. She went on to say that the NHA’s outreach needs to include all
stakeholders in the range other than NHA members. Mr. Reinhard said he’s also concerned that it
sounds like the shooting range is more like a private club for the NHA members who total about 60-
80, when there are approximately 600 gun owners registered on island and he questioned what
use would the public have of the facility. He said the original proposal was a range for local
residents to learn safety and have a place to site their weapons during hunting season. Mr.
Reinhard said in his opinion the original proposal including a skeet range, archery range,
clubhouse, and potential liquor license “morphed” beyond the scope of what was approved at the
2004 Annual Town Meeting. Vice-chairman Roggeveen said she would like to see safety training
integrated into any proposal NHA comes forward with. Mr. Atherton asked if an indoor facility was
discussed and if it could address the issues of noise and safety. Mr. Reinhard said it was
mentioned but the drawback for the NHA is being able to have a skeet range, which they view as
their main source of revenue. Mr. Atherton said the Board needs to find out if skeet is a
determining issue for the NHA. Vice-chairman Roggeveen questioned the viability of the skeet
range and a business plan where employees are really volunteers. She said she was concerned
about the financial impacts. Mr. Reinhard said a sound financial plan is essential and the lease has
to be carefully vetted with Town Counsel. Vice-chairman Roggeveen said the next step would be
for Mr. Reinhard and Mr. Chadwick to continue meeting with the NHA and to let the Board know
when the lease can be discussed by the Board again.
Discussion Regarding Fiscal Year 2010 General Fund Budget. Ms. Gibson explained that Town
Administration is in the process of finalizing a recommendation for a balanced fiscal year 2010
budget and will present that to the Board on 14 January. She said Administration has had
extensive discussion with various department heads about how to close the gap. Ms. Gibson noted
that a portion of the gap will have to be addressed with a reduction in personnel expenses;
however, the specifics on that may not be known until after the 2009 Annual Town Meeting. Ms.
Gibson reviewed the Board’s upcoming schedule for budget discussions. Concerning the budget,
Ms. Gibson said there have been some changes to earlier expense and revenue projections
including the Barnstable County Retirement assessment which came in at $150,000 lower, and it
remains uncertain whether local aid will be cut for fiscal year 2010 and perhaps for fiscal year
2009. She also said the motor vehicle excise amount, which comes from the state, is expected to
be lower and could affect fiscal year 2010 projections. Ms. Gibson said Administration is still
working on the Solid Waste Enterprise Fund. Vice-chairman Roggeveen stated that as the process
continues she would like to recognize where the Board is in the process, and let people know the
Board is still working it out and is not making final decisions yet. Ms. Gibson said solid waste and
sewer enterprise fund reports will be ready for 21 January, rather than 14 January.
The meeting was unanimously adjourned at 8:40 PM.
Approved the 25th day of March, 2009.