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HomeMy WebLinkAboutBoard of Selectmen Minutes December 15, 2010_201402061620171867BOARD OF SELECTMEN Minutes of the Meeting of 15 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 6:00 PM. I. ANNOUNCEMENTS 1. Town offices will be closed Friday, 24 December 2010 for the Christmas holiday and Friday, 31 December 2010 for New Year’s. 2. Town Manager C. Elizabeth Gibson noted there will be no Board meeting on 29 December 2010 as it is the fifth Wednesday of the month; however, the Board does have a morning meeting scheduled on 29 December to execute property closing documents. 3. Health Director Richard Ray announced that the Health Department, in partnership with the Nantucket Cottage Hospital, will be holding a flu clinic tomorrow from 5:00 to 7:00 PM at the Hospital, for all ages. II. PUBLIC COMMENT 1. John McLaughlin noted he agreed with the point of law regarding public comment not being allowed at the Board’s 13 December meeting. He also commented on the proposed Madaket wind turbine and had questions on the Constellation New Energy contract which the Board approved at its 8 December 2010 meeting. Mr. Willauer answered questions regarding the wind turbine and Ms. Gibson said Town Administration will call Mr. McLaughlin regarding his Constellation New Energy contract questions. 2. Carol Dunton and Catherine Flanagan Stover each had comments regarding legal services. Chairman Roggeveen asked them to hold their comments as this matter is on the agenda for discussion. III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Minutes of 17 March 2010 at 6:00 PM; 1 December 2010 at 6:00 PM. The minutes of 17 March 2010 at 6:00 PM and 1 December 2010 at 6:00 PM were approved by the unanimous consent of the meeting. 2. Approval of Payroll Warrant for Week Ending 12 December 2010. The payroll warrant for the week ending 12 December 2010 was approved by the unanimous consent of the meeting. 3. Approval of Treasury Warrant and Pending Contracts for 15 December 2010. Ms. Gibson reviewed the pending contract, noting it is subject to reimbursement from the state Clean Energy Center grant for the proposed Madaket Wind Turbine project which the Town received earlier this year. Mr. Chadwick moved to approve the treasury warrant and pending contracts for 15 December 2010; Mr. Atherton seconded. All in favor, so voted. IV. CITIZEN/DEPARTMENTAL REQUESTS 1. Barnstable County Retirement System Presentation. Mark Zielinski, chair of the Barnstable County Retirement Board, reviewed Barnstable’s retirement system, including member information, investment performance, and a recent actuarial study. He noted that the average annual benefit is $18,986 per year, that Nantucket has 373 active members in the Barnstable County Retirement System. Barnstable County Retirement executive director Debra Cohen noted she met with various staff members today at 1 two different sessions to review retirement benefits. Mr. Zielinski and Ms. Cohen answered questions from the Board and from the audience. 2. Worcester Polytechnic Institute Student Presentation: Smart Grids. Energy Study Committee member Peter Morrison introduced the Worcester Polytechnic Institute (WPI) Smart Grid team, noting the students have been on Island since October working on research projects, some of which are for the Town. WPI student Andrew Beliveau introduced project team members Mary Hesler, Stephen Jaskolka, and Colyer Sigety, and explained that a smart grid is made up of optimized energy networks which provide lower costs, greater reliability, greater control, and reduces electricity peaks. Mr. Beliveau stated that residents on Nantucket use 75% of electricity on island, while commercial and industrial users only use 25% of electricity. He discussed the potential for a third electric cable from the mainland. Mr. Beliveau encouraged islanders to practice conservation regarding electricity usage, and invest in renewable energy. Mr. Beliveau and Ms. Sigety answered questions from the Board. Chairman Roggeveen thanked the smart grid tea, for its great presentation. 3. Continued Review of Request for Legal Services Respondents. Chairman Roggeveen reviewed the Board’s 13 December 2010 meeting at which current Town Counsel Deutsch Williams, the Town of Barnstable, and Kopelman and Paige were interviewed pursuant to their responses to a Request for Qualifications for legal services; and, reviewed guidelines for public comment on this agenda item. Mr. Atherton said he is intrigued by a combination of the Town of Barnstable’s legal model and a full service firm. Mr. Willauer said he liked Barnstable but is concerned that it doesn’t cover services for sewer, solid waste, and nursing homes. He added that he was impressed with Leonard Kopelman’s responses and feels the Town will get a wide range of expertise and commitment from Kopelman and Paige. Mr. Chadwick voiced his support for Kopelman and Paige, based on billing research, the interviews and the proposals. Mr. Kopko said he supports the current relationship with Deutsch Williams, that the legal cost issues which started this process have been “dealt with”, and he hasn’t heard any rationale from the Administration or the Board as to the need for a change in counsel. Chairman Roggeveen said competitive procurement of legal services is a typical process and that she feels Kopelman and Paige is a strong contender. John McLaughlin, Catherin Flanagan Stover, Diane Coombs, Augie Ramos, Carol Dunton, Linda Williams, and Steve Bender all spoke in favor of retaining Deutsch Williams as Town Counsel. Chairman Roggeveen asked the Town Manager for a recommendation. Ms. Gibson noted that the appointment of Town Counsel is a Board decision and not made by the Town Manager; however, she thanked the Board for allowing her to give a recommendation which is for Kopelman and Paige due to the strength of their proposal, efficiencies and cost-savings measures and the independent legal review conducted earlier this year. Ms. Gibson noted that she has worked with Town Counsel Paul DeRensis for 22 years and that this is a tough decision. Further discussion among Board members followed on whether to remain with Deutsch Williams or switch legal counsel to Kopelman and Paige. Chairman Roggeveen noted that Town Counsel is not a lifetime appointment and the Board should commit to a competitive bid process regularly. Mr. Chadwick moved that the Board work on a contract to hire Kopelman and Paige as Town Counsel; Mr. Willauer seconded. Mr. Atherton said he feels more time is needed to make this decision so will be voting no. On the motion, so voted 3-2. Mr. Kopko and Mr. Atherton were opposed. Discussion followed regarding the transition process and an agreement with Kopelman and Paige. Mr. Willauer said there were statements made by Mr. Kopelman during his interview that are not part of Kopelman and Paige’s proposal and should be incorporated into the agreement. Mr. Kopko noted that Deutsch Williams is under contract through 30 June 2011 and he presumes that Town does not intend to terminate the contract. Ms. Gibson said it is her understanding that if the Board appoints new counsel then the Deutsch Williams contract is effectively terminated. 2 4. Our Island Home: Request for Acceptance of Gift of $200 from Forrest S. Smith for Our Island Home Gift Fund. Mr. Willauer moved to accept the gift of $200 from Forrest S. Smith for the Our Island Home gift fund; Mr. Chadwick seconded. All in favor, so voted. 5. Lola 41 Restaurant LLC d/b/a Lola 41: Request for Amendment of Entertainment License for Premises Located at 15 South Beach Street. Mr. Kopko recused himself from this matter. Attorney Lori D’Elia, on behalf of the applicant, spoke in favor of the request for a disc jockey on New Year’s Eve to play prerecorded music. Mr. Chadwick moved to approve the request for a disc jockey as presented; Mr. Willauer seconded. So voted 4-0. 6. Planning Office: Request for Execution of Purchase and Sale Agreement for: Conveyance of Town- owned Property Described as Lots H and M off Industry Road and Shadbush Road, on “Subdivision Plan of Land in Nantucket, Mass.” Prepared by Blackwell and Associates, Inc., Dated 11 May 2010; Acceptance of 80 Miacomet Avenue Owned by Meeting Place, LLC Described as Lot 5 of Land Court Plan 38026-A; Acceptance of Town Restrictions on 59 and 57 Surfside Road Owned by Meeting Place LLC, Described as Parcels One and Two in Registry of Deeds Book 1065, Page 228. Planning Director Andrew Vorce reviewed the request, noting this has been a 3-1/2 year project to create an industrial area at the airport. He thanked all participants in the process, specifically State Representative Tim Madden, Procurement Officer Diane O’Neil, Cormac Collier, Nantucket Land Bank executive director Eric Savetsky, consultant Kelli Cardoza, attorneys Steve Cohen and Valerie Swett and Lou Ross of Town Counsel’s office, the Town Manager, the Reis Family and Charlie O’Neil, and the Board of Selectmen, especially Brian Chadwick as the “champion” of the project. Mr. Atherton and Mr. Willauer also thanked Mr. Chadwick. Mr. DeRensis and Mr. Cohen thanked Mr. Vorce for leading this project. Mr. Chadwick read the motion (attached); Mr. Atherton seconded. All in favor, so voted. V. PUBLIC HEARINGS 1. Public Hearing to Consider Applications for Nantucket Board of Health. Chairman Roggeveen opened the public hearing, and noted applicants Helene Weld and Tim Lepore are unable to be present tonight. Chairman Roggeveen read section 2 of Chapter 46 of the Acts of 2010 (An Act Establishing a Board of Health in the Town of Nantucket) which reviews the makeup of the new Board of Health. Dr. Malcolm McNabb, Jim Cooper, Steve Visco, and Aline Womack, RN spoke on their applications. Chairman Roggeveen noted appointments are scheduled to be made at the Board’s 26 January 2011 meeting. Chairman Roggeveen closed the public hearing. 2. Public Hearing to Consider Petition for National Grid Plan # 9642166 to Install 2-3” Conduits 50’ West Then 50’ South of Existing P94 on Polpis Road, Nantucket, MA. Chairman Roggeveen opened the public hearing. Steve Bretton, an engineer for National Grid, spoke in favor of the request and answered questions from the Board. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve National Grid Plan # 9642166; Mr. Chadwick seconded. All in favor, so voted. 3. Public Hearing to Consider Application for New Common Victualler License for 85 Ellis Island LLC d/b/a Fusaro’s, Thomas W. Fusaro, Manager, for Premises Located at 17 Old South Road, Nantucket. Chairman Roggeveen opened the public hearing. As there were no comments, Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to approve a new Common Victualler license for Fusaro’s as presented; Mr. Atherton seconded. All in favor, so voted. 4. Public Hearing to Consider Application for New Annual All-Alcoholic Beverages Restaurant License for 85 Ellis Island LLC d/b/a Fusaro’s, Thomas W. Fusaro, Manager, for Premises Located at 17 Old South Road, Nantucket. Chairman Roggeveen opened the public hearing. Mr. Kopko noted this new 3 liquor license will replace the one held previously in this location by El Rincon. Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to approve a new annual all-alcoholic beverages restaurant license for Fusaro’s as presented; Mr. Atherton seconded. All in favor, so voted. 5. Public Hearing to Consider Application for New Common Victualler License for ROCO LLC d/b/a Trattoria Isola, Marco Coelho, Manager, for Premises Located at 130 Pleasant Street, Nantucket. Chairman Roggeveen opened the public hearing. Attorney Lori D’Elia, on behalf of the applicant, spoke in favor of the application. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve a new Common Victualler license for Trattoria Isola as presented; Mr. Willauer seconded. All in favor, so voted. 6. Public Hearing to Consider Application for New Annual All-Alcoholic Beverages Restaurant License for ROCO LLC d/b/a Trattoria Isola, Kate M. Amodio, Manager, for Premises Located at 130 Pleasant Street, Nantucket. Chairman Roggeveen opened the public hearing. Attorney Lori D’Elia, on behalf of the applicant, spoke in favor of the application. It was noted that the previous license at this location was a wine/malt alcoholic beverages license. Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to approve a new annual all-alcoholic beverages restaurant license for Trattoria Isola as presented; Mr. Atherton seconded. All in favor, so voted. 7. Public Hearing to Consider Application for New Entertainment License for ROCO LLC d/b/a Trattoria Isola, Marco Coelho, Manager, for Premises Located at 130 Pleasant Street, Nantucket. Chairman Roggeveen opened the public hearing. Attorney Lori D’Elia, on behalf of the applicant, spoke in favor of the application, noting there will be no live music. Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to approve a new entertainment license for Trattoria Isola as presented; Mr. Atherton seconded. All in favor, so voted. 8. Public Hearing to Consider Annual License Renewals: Liquor; Entertainment; Common Victualler; Motor Vehicle Rental; Class I, II, III Motor Vehicle Sales; Mobile Food Units; Flower/Produce Vendor; Open Air Parking; Keeping of Animals. Chairman Roggeveen opened the public hearing. Mr. Kopko asked that liquor, common victualler, and entertainment license renewals be voted on separately as he will need to recuse himself from voting on these. Chairman approved the separation, noting she will need to recuse herself from these matters as well. Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to approve the annual license renewals for motor vehicle rental, class I, II, III motor vehicle sales, mobile food units, flower/produce vendor, open air parking, and keeping of animals as presented; Mr. Kopko seconded. All in favor, so voted. Mr. Chadwick moved to approve the annual license renewals for liquor, common victualler, and entertainment as presented; Mr. Atherton seconded. So voted 3-0. Mr. Kopko and Chairman Roggeveen recused. Ms. Gibson noted that two of the establishments do not have their liquor liability insurance paperwork in yet, and won’t be forwarded to the Alcoholic Beverages Control Commission if the paperwork is not submitted in time. She also noted there are letters from abutters in the Board’s packets pertaining to some of the licenses. 9. Public Hearing to Consider Application for Public Assembly Permit for Nantucket Triathlon to be Held 23 July 2011. Chairman Roggeveen opened the public hearing. Jamie Ranney, race director and co- founder of the Nantucket Triathlon, spoke in favor of the application, noting the number of entrants has increased to 950 and this year’s application includes road closure requests. Police Chief William Pittman said there is a significant impact on the island due to this event as it covers a large area. He added that with the number of participants, he feels the only safe way to proceed with the race is with road closures, including Madaket Road. Chief Pittman Sais the Madaket landfill will need to be closed on the day of the event and that the Nantucket Triathlon must be responsible to “get the word out” to all 4 5 who will be affected. He acknowledged that there will be people who are inconvenienced as a result of the road closures and the race in general. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve a Public Assembly Permit for the Nantucket Triathlon for 23 July 2011 as presented; Mr. Atherton seconded. All in favor, so voted. VI. TOWN MANAGER’S REPORT None. VII. SELECTMEN’S REPORTS/COMMENT 1. FY 2012 General Fund Budget Discussion. Mr. Kopko congratulated Ms. Gibson on a recent editorial in the Cape Cod Times regarding the proposed FY 2012 budget plan. Ms. Gibson reviewed the budget calendar. A brief discussion among Board members and Ms. Gibson followed regarding the 2011 Annual Town Meeting Warrant. 2. Nantucket Community Television Board Appointee. Chairman Roggeveen opened the meeting for nominations for the Nantucket Community Television (NCTV) Board appointee. Mr. Kopko said he would like to volunteer to represent the Board. Mr. Willauer nominated Chairman Roggeveen. Chairman Roggeveen stated she is interested in being the Board’s appointee and accepted the nomination. Mr. Kopko withdrew his name from consideration. Chairman Roggeveen was appointed by acclimation. 3. Committee Reports. Mr. Kopko noted that the Affordable Housing Trust went before the Community Preservation Committee (CPC) yesterday and that the CPC was in receipt of a letter from the Town Manager regarding reallocating funds to the Affordable Housing Trust. He added that the CPC voted in favor of this request. Mr. Chadwick thanked Mr. Willauer for his hard work with the WPI students, noting they did a great job. Ms. Gibson thanked Assistant Town Manager Gregg Tivnan for managing the WPI students while they have been on island. Mr. Willauer thanked Mr. Tivnan and the other WPI student sponsors, and acknowledged the Maria Mitchell Association for housing the students and Young’s Bicycle Shop for providing bicycles for the students while they have been here. VIII. ADJOURNMENT The meeting was unanimously adjourned at 8:59 PM. Approved the 5th day of January, 2011. BOARD OF SELECTMEN 15 DECEMBER 2010 – 6:00 PM COURT ROOM, TOWN & COUNTY BUILDING 16 BROAD STREET NANTUCKET, MASSACHUSETTS List of documents used at the meeting: III. 1. Draft minutes of 17 March 2010 at 6:00 PM; 1 December 2010 at 6:00 PM III. 3. Pending contracts spreadsheet for 15 December 2010 IV. 1. Barnstable County Retirement Association PowerPoint IV. 2. Worcester Polytechnic Institute Smart Grid PowerPoint IV. 4. Letter from Our Island Home, re: gift request IV. 5. Letter from Vaughan, Dale, Hunter, Stetina and Beaudette, re: LoLa 41 entertainment license; copy of existing LoLa 41 entertainment license IV. 6. Motion for vote; email from Lou Ross, re: purchase and sale documents; purchase and sale agreement V. 1. List of Board of Health applicants and their applications; Chapter 46 of the acts of 2010 V. 2. National Grid cover letter and petition for work plus associated maps; staff recommendations V. 3. Cover letter from Tom Fusaro, re: application for Common Victualler license for Fusaro’s; Common Victualler license application V. 4. Cover letter from Tom Fusaro, re: application for liquor license for Fusaro’s; liquor license application; email from John Brescher, re: special permits V. 5. Cover letter from Vaughan, Dale, Hunter, Stetina and Beaudette, re: application for Common Victualler license for Trattoria Isola; Common Victualler license application V. 6. Email from John Brescher, re: special permits; cover letter from Vaughan, Dale, Hunter, Stetina and Beaudette, re: application for liquor license for Trattoria Isola; liquor license application V. 7. Cover letter from Vaughan, Dale, Hunter, Stetina and Beaudette, re: application for entertainment license for Trattoria Isola; entertainment license application V. 8. Spreadsheets for annual license renewals; Police Department annual liquor license holder report; abutter letters, re: Cisco Brewery entertainment license V. 9. Public Assembly Permit application for Nantucket Triathlon; email from Jamie Ranney and attached memo VII. 1. December 8, 2010 Town Administration FY 2012 General Fund Budget recommendations PowerPoint VII. 2. Bylaws of Nantucket Community Television, Inc.