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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. 1 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 2 3 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.