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HomeMy WebLinkAboutBoard of Selectmen Minutes March 5, 2009 Executive Session_2014020616121866811 BOARD OF SELECTMEN EXECUTIVE SESSION - Minutes of the meeting of 5 March 2009 at 9:00 AM. The meeting took place in the Conference Room, 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 and Executive Assistant to the Town Manager Erika Mooney. Chairman Kopko called the meeting to order at 9:10 AM following a meeting in open session. Special counsel Michael Leon joined the meeting via conference call. Mr. Leon reviewed a draft term sheet between the Town and Waste Options Nantucket (WON) regarding an accelerated landfill mining program, noting that the Town proposes to refine and expand slightly the responsibilities imposed upon WON for the accelerated mining, which is being done under Article 4 of the waste services agreement. Mr. Leon recommended the Town not sign a confirmatory contract amendment until an amendment to the Department of Environmental Protection (DEP) Administrative Consent Order (ACO) is finalized with the DEP. He said the cost of capping the landfill is higher than mining the landfill for the next couple of years. Ms. Gibson left the meeting due to a family emergency. The conference call with Mr. Leon was concluded. The Board continued discussing the draft term sheet. Assistant Town Manager Malachy Rice joined the meeting. The Board then discussed the presentation made at the previous night’s Board meeting by WON president Whitney Hall, noting WON’s desire for flow control. Ms. Roggeveen said she is willing to consider flow control as a means of enforcement and she expressed her frustration with illegal waste disposal. It was agreed by the Board that the draft term sheet regarding accelerated landfill mining should be the focus of tomorrow’s solid waste work group meeting with WON. Chairman Kopko inquired of the status of the work group and whether it is time for the full Board to be involved in the discussions with WON. It was agreed that the work group will continue but that the full Board will be copied on any communiqués. Ms. Roggeveen noted she would like a public discussion to be had soon, regarding enforcement. Planning Director Andrew Vorce, Planning Specialist Susan Bennett Witte, and Projects Manager Diane O’Neil joined the meeting. Mr. Vorce requested the Board set minimum prices for Requests for Proposals for various parcels in the Nantucket Yard Sale program. The following minimum bids were set: • 9 New Jersey Avenue - $5,000 • Sherburne Turnpike parcel P-2 - $350,000 • Sherburne Turnpike parcel P-1 - $5,000 • Sherburne Turnpike parcel P-4 - $5,000 • Portion of Poplar Street lot 1A - $4,000 • Portion of Poplar Street lot 1B - $4,000 • Cherry Street between Nonantum Avenue and Atlantic Avenue - $4,000 • Portions of Western Avenue from the sideline of Western Avenue adjacent to Assessors map 87, parcel 59 (2 Western Avenue) to Atlantic Avenue - $1,500 • Western Avenue from the sideline of Western Avenue adjacent to Assessors map 87, parcel 108 (3 Western Avenue) to Western Avenue - $1,500 • 192 Cliff Road - $600,000 It was agreed by the Board to add the required Declarations of Surplus Property for the above properties to the 11 March 2009 agenda for approval. 2 Ms. O’Neil left the meeting. Mr. Vorce reviewed several other real estate matters: Mr. Vorce briefly reviewed the dedication of open space for beachfront properties along West Tristram’s Avenue and said the property owners are not entirely amenable to “One Big Beach” easements at this point. Mr. Vorce discussed a real estate issue at Miller Way, noting that a draft deed has been prepared and there is a need to retain two critical easements for a sewer main and a multi-use path (bicycle/pedestrian) through the property before it is sold. There was a question of whether the Board should restrict the surface of the multi-use path; the Board consensus was no. Mr. Vorce noted that the Planning Board recommended a 25- foot road easement across lots C and D and he questioned whether the Board was in agreement. Ms. Reinhard moved not to approve a 25-foot road easement across lots C and D; Ms. Roggeveen seconded. All in favor, so voted. Regarding real estate at 5 Monohansett, Mr. Vorce said a prior Town meeting warrant article authorized the conveyance of the property for affordable housing purposes but noted that a Memorandum of Agreement was then executed with the Nantucket Housing Authority mandating that the property would only go to that organization. Mr. Vorce recommended the Board issue a general Request for Proposal (RFP) which would allow any group which provides affordable housing to submit a bid. The Board was in agreement with Mr. Vorce and also agreed to add language in the RFP to limit the number of structures on the property to a maximum of four and that the structures are to be scaled appropriately to the neighborhood. Mr. Vorce said takings are required for 143 Surfside Road and North Carolina Avenue and he questioned whether there is room in the legal budget to go forward with them. The Board advised Mr. Vorce to get a cost estimate from Town Counsel, per the Town’s Legal Services Policy. Mr. Vorce informed the Board that the “Surfside 6” real estate actions will be scheduled after the April 2009 Annual Town Meeting and noted he would be aiming to proceed in June. Mr. Vorce reviewed real estate warrant articles for the April 2009 Annual Town Meeting and said the parcels have been categorized into groups in terms of the parcel values. He said none of the lots serve any public purpose and that most have come to the Town by default/tax title. Mr. Vorce noted a memo is being sent to department heads and the Nantucket Land Bank to gauge interest in the lots for municipal use. Mr. Vorce explained the differences between the lot groups and mentioned that the Town has no real policy on how to use the proceeds from property sales. Mr. Rice suggested a possible policy would be to set a floor of $25,000 and that amount from a sale would go toward reimbursing administrative costs; anything above $25,000 would go to whatever the policy is for the sale of fixed assets. The Board was agreeable to that suggestion. Ms. Gibson rejoined the meeting. Mr. Vorce and Ms. Witte left the meeting. Mr. Reinhard inquired of the status of Sherburne Commons. Chairman Kopko suggested Administration send a letter to the facility’s attorney that the Board is willing to discuss specific issues with specific buyers but that it is not willing to offer blanket zoning help. The Board agreed. The meeting was unanimously adjourned by roll call vote at 12:03 PM. Approved the 5th day of November, 2009. Partially released the 24th day of March, 2010.