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HomeMy WebLinkAboutBoard of Selectmen Minutes December 1, 2010_201402061620162024BOARD OF SELECTMEN Minutes of the Meeting of 1 December 2010. 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, Patricia Roggeveen, and Whiting Willauer. Chairman Roggeveen called the meeting to order at 6:01 PM. I. ANNOUNCEMENTS 1. Town Manager C. Elizabeth Gibson announced that 2011 Fourth of July t-shirts are available for sale this weekend at Visitor Services. II. PUBLIC COMMENT 1. Dorothy Hertz, chair of the Council for Human Services, read a prepared letter to the Board of Selectmen in response to comments made by Board members at its 17 November 2010 meeting. III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Minutes of 7 October 2010 at 9:00 AM; 9 November 2010 at 9:00 AM; 10 November 2010 at 6:00 PM. The minutes of 7 October 2010 at 9:00 AM as amended, 9 November 2010 at 9:00 AM, and 10 November 2010 at 6:00 PM were approved by the unanimous consent of the meeting. 2. Approval of Payroll Warrants for Weeks Ending 21 November 2010; 28 November 2010. The payroll warrants for the weeks ending 21 November 2010 and 28 November 2010 were approved by the unanimous consent of the meeting. 3. Approval of Treasury Warrants for 24 November 2010; 1 December 2010 and Pending Contracts for 1 December 2010. Ms. Gibson reviewed the various pending contracts. Regarding the Nantucket Community Television (NCTV) pending contract, Mr. Chadwick noted that he has spoken with NCTV board member Gene Mahon and Channel 17 owner Geno Geng about Mr. Geng’s continued participation in taping the Board meetings. Mr. Mahon stated that Mr. Geng can continue to tape and run the Board meetings on Channel 17, and then the tapes will be delivered to NCTV to be archived and run on NCTV’s Channel 18. Mr. Mahon answered questions from the Board, and some discussion among Board members followed. Mr. Kopko noted that nothing discussed tonight regarding the NCTV contract is binding, and decisions concerning which companies might be hired to film for NCTV will be up to the NCTV board to decide. Mr. Chadwick stated he has an email from Town Counsel saying otherwise. Mr. Kopko moved to approve the NCTV contract as presented and recommended; Mr. Atherton seconded. All in favor, so voted. The remaining pending contracts for 1 December 2010 and the treasury warrants for 24 November 2010 and 1 December 2010 were approved by the unanimous consent of the meeting. IV. CITIZEN/DEPARTMENTAL REQUESTS 1. Sustainable Nantucket: Request for Approval for 1 July 2011 Farmers and Artisans Market Location. Ms. Gibson reviewed the application from Sustainable Nantucket, noting this application is for one day only, as the annual St. Mary’s Fair takes place in the location of the Farmers and Artisans Market on 2 July 2011. She noted it is not clear if abutters were alerted by Sustainable Nantucket regarding the request. A brief discussion followed among Board members about postponing the matter in order to have someone from Sustainable Nantucket be present to answer questions. Debbie Weiner, speaking as one of the owners of the Starlight Theater, spoke against 1 the application, noting that the Starlight has lost substantial income due to the Farmers and Artisans Market. It was the Board consensus to table the matter to its 8 December 2010 meeting. V. TOWN MANAGER’S REPORT 1. Update on Preliminary 2011 Annual Town Meeting Warrant Articles. Ms. Gibson explained that the Board was given a packet of preliminary articles and potential articles, and noted that the article numbers and ordering are not final. Mr. Kopko said more articles will be coming forward from the Board. Ms. Gibson reviewed the various preliminary warrant articles and the Board discussed articles it would like to see come back to the Board for further discussion. Planning Director Andrew Vorce reviewed real estate related articles and zoning articles and answered questions from the Board. Chairman Roggeveen asked that a placeholder article be inserted regarding the sewer privilege fee and waiver requests before the Zoning Board of Appeals relating to affordable housing developments. Ms. Gibson noted that the Finance Committee is meeting Thursday, 16 December 2010 at 4:00 PM at 2 Fairgrounds Road to start its preliminary review of citizen warrant articles. Town Counsel Paul DeRensis stated that under the Nantucket Sewer Act, the Board, acting as Sewer Commissioners, has to act on each warrant article regarding inclusion into the Sewer District separately and the public hearings will be necessary to do so. Ms. Gibson discussed sewer rates and future projects, noting that sewer rates may need to be increased for FY 2012 even without any new projects. She said the Board needs to determine what, if any, projects should go forward for FY 2012, noting that she is tentatively scheduling a public hearing date of 19 January 2011 for rates and that Town Administration is working on updating rate scenarios. A discussion among Board members followed on the citizen warrant article submitted by Tim Soverino and the possibility of the Board drafting its own version. VI. SELECTMEN’S REPORTS/COMMENT 1. Review of Business Terms of Draft Ground Lease Agreement with Nantucket Hunting Association. Mr. Atherton explained that he and Mr. Chadwick, at the Board’s instruction, have been meeting with representatives of the Nantucket Hunting Association and have brought forth a draft ground lease amendment with an outline of terms which have been agreed to by the Hunting Association. He stated that they wanted the Board to review the terms first before submitting them to Town Counsel for review, and noted that the lease agreement gives the Board “total control” to terminate the lease at any time. Mr. Atherton reviewed some of the terms brought forth, including a smaller bond amount for the Hunting Association and insurance requirements. Mr. Kopko said he is concerned with the termination language, specifically the dates of construction commencement and completion. Mr. Kopko moved to amend the termination language so that the construction commencement date is 2012 and the construction completion date is 2015; Mr. Willauer seconded. Attorney Jeff Stetina, standing in for Kevin Dale who represents the Wigwam Homeowners Association, said the association has various concerns regarding the lease agreement and noted that the association has offered to donate money to the Hunting Association to construct an indoor range. Steve Holdgate, president of the Hunting Association, addressed some of the issues brought up. Cormac Collier, a resident of Tom Nevers, said he was concerned with noise from the hunting range and suggested the Board require a public hearing three months after the opening of the range to address any concerns. On Mr. Kopko’s motion, all in favor, so voted. Mr. Atherton moved that the Board has come to an understanding regarding the basic terms of the lease with the Nantucket Hunting Association as presented at this meeting and that they be forwarded to Town Counsel to be put in proper legal form for final approval by this Board and the Hunting 2 3 Association; Mr. Chadwick seconded. Chairman Roggeveen asked that when the lease comes back to the Board from Town Counsel review that the Board address the concerns raised by audience members tonight, and she encouraged the parties to call the Hunting Association directly. On Mr. Atherton’s motion, all in favor, so voted. 2. Committee Reports. Mr. Willauer noted that there was a Shellfish Management Plan Oversight Committee meeting today and the next meeting is scheduled for 15 December 2010 at 37 Washington Street. He added that students from Worcester Polytechnic Institute will be making their final presentations on Tuesday, 14 December 2010 at 2 Fairgrounds Road. Mr. Kopko noted the Board has an executive session meeting scheduled for tomorrow and there is one agenda item that reads “Wilkes Square Redevelopment” and he said the Open Meeting Law requires a better description of what the agenda matter is about. Mr. DeRensis said he has spoken with Mr. Vorce about the agenda matter and suggested renaming the agenda item “Roads and Streets in Wilkes Square Area”. Mr. DeRensis added this is an appropriate subject for executive session. VII. ADJOURNMENT The meeting was unanimously adjourned at 8:25 PM. Approved the 15th day of December, 2010. BOARD OF SELECTMEN 1 DECEMBER 2010 – 6:00 PM COURT ROOM, TOWN & COUNTY BUILDING 16 BROAD STREET NANTUCKET, MASSACHUSETTS List of documents used at the meeting: II. 1. “Response by Nantucket Council for Human Services to statements Made by Several Members of the Board of Selectmen at Board of Selectmen Meeting November 17, 2010” III. 1. Draft minutes of 7 October 2010 at 9:00 AM; 9 November 2010 at 9:00 AM; 10 November 2010 at 6:00 PM III. 3. Pending contracts spreadsheet for 1 December 2010 IV. 1. Letter from Sustainable Nantucket and Street Blocking Application for 1 July 2011 Farmers and Artisans Market V. 1. Memo from Town Manager, re: 2011 Annual Town Meeting Warrant Article Update; Preliminary Outline for 2011 Annual Town Meeting Warrant and copies of associated warrant articles as referenced, including citizen warrant articles VI. 1. Memo from Rick Atherton and Brian Chadwick, re: lease terms with Nantucket Hunting Association; draft ground lease agreement with Nantucket Hunting Association dated 8 November 2010