HomeMy WebLinkAboutBoard of Selectmen Minutes October 7, 2009_201402061612221368BOARD OF SELECTMEN
Minutes of the Meeting of 7 October 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 6:01 PM.
Chairman Kopko noted agenda item IV. 3. has been taken off the agenda.
ANNOUNCEMENTS
Marine Superintendent Dave Fronzuto announced that the Marine and Coastal Resources
Department has been awarded a $225,000 grant by the American Recovery and Reinvestment Act
Port Security Grant Program, noting the grant money will be used for various purposes relating to
port security.
Town Manager C. Elizabeth Gibson reminded all present of a public hearing on the cable television
renewal license on Wednesday, 14 October 2009. A draft renewal agreement is on the Town’s
website.
Ms. Gibson announced that Phase II-B of the downtown sewer rehabilitation project will be delayed
from FY 2010 to FY 2011 due to budget constraints. Some discussion followed.
At 6:15 PM Ms. Roggeveen left the meeting.
PUBLIC COMMENT
Attorney Wayne Holmes said the resignation of Assistant Town Manager Malachy Rice is a
“tragedy” and he hopes that the Board will address legal services issues recently brought forward.
APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
Approval of Minutes of 4 March 2009 at 6:00 PM. The minutes of 4 March 2009 at 6:00 PM were
approved by the unanimous consent of the meeting.
Approval of Payroll Warrants for Weeks Ending 27 September 2009 and 4 October 2009. The
payroll warrants for weeks ending 27 September 2009 and 4 October 2009 were approved by the
unanimous consent of the meeting.
Approval of Treasury Warrants for 30 September 2009 and 7 October 2009 and Pending Contracts
for 7 October 2009. The treasury warrants for 30 September 2009 and 7 October 2009 and
pending contracts for 7 October 2009 were approved by the unanimous consent of the meeting.
CITIZEN/DEPARTMENTAL REQUESTS
Homestead of Nantucket: Appeal of Penalty Fee for Delay in Annual Building Inspection. Ms.
Gibson explained that there was a delay in the submission of paperwork for the Homestead to get
its Certificate of Inspection (COI) which has resulted in a penalty fee. Building Inspector Bernie
Bartlett explained that the original fee was $50; the penalty is four times that amount resulting in a
total fee to the Homestead of $200. Brian Davis, assistant administrator of the Homestead, spoke
in favor of waiving the penalty fee. Mr. Atherton moved to deny the Homestead’s request for a
waiver of the COI penalty fee; Mr. Chadwick seconded. So voted 4-0.
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Four West Creek, LLC: Request for Approval of Application for Pledge of Annual All-Alcoholic
Beverages Restaurant License. Attorney Kevin Dale, representing the applicant, spoke in favor of
the request, noting the pledge of license is to be used as additional collateral towards a loan. Mr.
Atherton moved to approve the request for pledge of the annual all-alcoholic beverages restaurant
license for Four West Creek Road, LLC; Mr. Reinhard seconded. So voted 4-0.
Roads and Right of Way Committee: Request for Acceptance of Gifts Totaling $2,852 in
Connection with Founders Burial Ground Women’s Monument. Mr. Reinhard moved to accept the
gift of $2,852 for the Women’s Monument; Mr. Atherton seconded. So voted 4-0.
PUBLIC HEARINGS
Public Hearing to Consider Applications for Cable Television Advisory Committee, Council for
Human Services, Community Preservation Committee, Cultural Council, and Scholarship
Committee. Chairman Kopko opened the public hearing and reviewed the list of applicants, noting
the Board will continue to accept applications until next week. Dorothy Hertz spoke in favor of her
application for the Council for Human Services. Ms. Gibson noted that Ken Beaugrand has been
appointed by the Nantucket Islands Land Bank as its representative to the Community
Preservation Committee (CPC). A discussion among Board members followed regarding Mr.
Beaugrand’s potential conflict of interest sitting on the CPC. Channing Moore spoke in favor of his
application to the CPC. Chairman Kopko closed the public hearing, and appealed to the citizens to
apply for the vacant seats on the Cable Television Advisory Committee, Cultural Council, and
Scholarship Committee.
TOWN MANAGER’S REPORT
Sustainable Nantucket: Request for Direction for 2010 Farmers and Artisans Market. Ms. Gibson
explained that recurring public assembly events are typically approved by Town Administration, but
the Board’s direction is sought on how to proceed with the Farmers and Artisans Market for 2010.
Mr. Atherton moved to allow the Town Manager to renew the public assembly permit for the 2010
Farmers and Artisans Market; Mr. Reinhard seconded. So voted 4-0.
Review of Revised 2010 Annual Town Meeting and FY 2011 Budget Timelines (continued from 23
September 2009). Ms. Gibson explained that the Board endorsed the FY 2011 budget timeline on
23 September, but held off on the 2010 Annual Town Meeting (ATM) timeline, which has since
been revised further, and she reviewed the changes. Chairman Kopko noted that the 2010 ATM
warrant opens for citizen submittals on 13 October 2010 and he endorses starting the 2010 ATM at
6:00 PM. Mr. Atherton moved to endorse the 2010 ATM timeline; Mr. Reinhard seconded. So voted
4-0.
At 7:05 PM Ms. Roggeveen returned to the meeting.
SELECTMEN’S REPORTS/COMMENT
Review of Police Department’s Seasonal Liquor Licensee Compliance Checks. Police Chief
William Pittman reviewed the history of the seasonal liquor license checks, noting there is a citizen
movement for more accountability and to deal with alcohol abuse in the community. He then
reviewed the 2009 checks vs. the 2008 checks, and said that the failure rate has decreased. A
discussion among Board members followed regarding repeat offenders. Chief Pittman updated the
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Board on the progress of liquor license regulations, noting that a committee working on them has
been meeting regularly.
Massachusetts Ocean Management Plan Update. Chairman Kopko said there was a joint meeting
on Monday, 5 October 2010 between the Board and the Nantucket Planning and Economic
Development Commission to discuss the state Ocean Management Plan, and that the Board will
be discussing its comments at the 14 October 2010 meeting. He added that the public comment
period on the plan ends 23 November 2010.
Review 2 India Street Loading Zone Time Restriction of 8:00 AM to 12:00 PM. Ms. Gibson said
Town Administration has received two letters from nearby businesses requesting the hours of the 2
India Street loading zone remain from 8:00 AM to 12:00 PM. Chief Pittman noted there have been
no formal complaints about the loading zone time change. Abutting business owner Andrew
Willauer spoke against keeping the loading zone in its current location and requested it be moved
next to the Post Office on India Street. He then added that the loading zone time change has been
a “vast improvement”. Jack Gardner of the Traffic Safety Work Group said Traffic Safety does not
recommend moving the loading zone next to the Post Office. A discussion followed on “unintended
consequences” of reducing the loading zone time. The Board consensus is to leave the 2 India
Street loading zone as it currently is.
Sherburne Commons Update. Chairman Kopko announced that the Board has come to an
agreement on the ground lease terms with the prospective buyer of Sherburne Commons, and he
doesn’t anticipate any further negotiations. He added a draft lease will be forthcoming soon which
will be vetted by both sides.
Committee Reports. Individual Board members gave status reports for the committees on which
they serve as representatives or liaisons. Whitey Willauer also gave status reports for the
committees for which he is the Board’s liaison.
Mr. Atherton asked Ms. Gibson to update the Board sometime in the future on the Town’s status
regarding the Quinn Bill. He also asked Town Administration to inform the Board what change the
Solid Waste Enterprise Fund to the General Fund entails.
The meeting was unanimously adjourned at 8:02 PM.
Approved the 4th day of August, 2010.