HomeMy WebLinkAboutBoard of Selectmen Minutes September 15, 2010_201402061620258899BOARD OF SELECTMEN
Minutes of the Meeting of 15 September 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, Michael Kopko, Patricia Roggeveen, and Whiting Willauer. Brian Chadwick was
absent. Chairman Roggeveen called the meeting to order at 6:00 PM.
I. ANNOUNCEMENTS
None.
II. PUBLIC COMMENT
Richard Cooper asked questions regarding well systems at the new police station, specifically the
cost, if any of the wells constructed have been abandoned, and if the project went out to bid.
III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Minutes of 1 September 2010 at 6:00 PM. The minutes of 1 September 2010 at 6:00
PM were approved by the unanimous consent of the meeting.
2. Approval of Payroll Warrant for Week Ending 12 September 2010. The payroll warrant for the
week ending 12 September 2010 was approved by the unanimous consent of the meeting.
3. Approval of Treasury Warrant for and Pending Contracts for 15 September 2010. Chairman
Roggeveen noted there are no pending contracts. The treasury warrant for 15 September 2010
was approved by the unanimous consent of the meeting.
IV. CITIZEN/DEPARTMENTAL REQUESTS
1. Planning: Wilkes Square Redevelopment Final Presentation. Planning Director Andrew Vorce
thanked CBT Architects and the Planning staff for their hard work throughout this process, and said
he hopes the Board will accept the presentation as the final report for proposed Wilkes Square
Redevelopment and he will offer guidance on how to proceed from here. Kishore Varanasi of CBT
Architects noted the Board has received hard copies of the plan, which includes a timeline and
action plan for the next steps. He briefly reviewed certain aspects of the plan, noting that the public
input was helpful. Pam McKinney of Bryne McKinney & Associates, Inc. discussed the financial
viability of the project, noting that while it is not financially viable in the current economy, she
expects it to be viable in three to five years. She added that “this will be a prime development site
in the not too distant future”. Ms. McKinney reviewed obstacles to the project, including a need for
a workable plan with the existing owners, developing “regulatory underpinning” with local zoning
and Chapter 91 Waterways licenses, environmental issues, and the need for a business/financing
plan. She finished by suggesting the Town take a proactive stance. A discussion followed among
Board members, Mr. Vorce, Ms. McKinney and Mr. Varanasi regarding the plan and the current
municipal harbor plan and harbor overlay district. Mr. Willauer said the Town should make the plan
attractive to the owners and asked what the first steps would be. Ms. McKinney said the Town
would need to get buy-in from the ownership group and have a land-control strategy in place. Mr.
Atherton moved that the Board accept the Wilkes Square Redevelopment Study prepared by CBT
Architects, to thank the public for participating in the development of the study, and to request that
Town Administration and the Planning Office develop a strategy for the next steps in the continuing
planning process for Wilkes Square to be reviewed at the next Board of Selectmen Executive
Session. Mr. Willauer seconded. A discussion followed on Mr. Atherton’s motion, specifically why
1
this would be reviewed by the Board in executive session instead of open session. Mort
Schlesinger asked if the motion approves or endorses the plan, saying he feels the public hasn’t
had a chance to review the plan. Mr. Atherton clarified that his motion just accepts the plan, but
neither approves nor endorses it. On the motion, all in favor, so voted.
2. Planning: Review of Nantucket Planning & Economic Development Commission Downtown
Parking Recommendations. Mr. Vorce said there has been a downtown parking issue for decades
and that there needs to be a more comprehensive approach, noting that parking is currently at 85%
capacity at certain times of the year which is essentially full occupancy and that there is an
identified deficiency of 374 parking spaces. Mr. Vorce said the Nantucket Planning and Economic
Development Commission (NP&EDC) recently voted to recommend three action items: 1)
implement paid parking in the downtown district; 2) implement a direct shuttle system from either 2
Fairgrounds Road or Water Company property; and 3) investigate the development of a parking
garage on the proposed Wilkes Square site. NP&EDC Chairman Nat Lowell spoke in favor of the
recommendations. Mr. Atherton moved that the Board accept the recommendation of the
Nantucket Planning and Economic Development Commission to further refine strategic
considerations for: a paid-parking system for the downtown area, a Park and Ride shuttle service
for the ferry terminals, the option described in the Wilkes Square Redevelopment Study that
includes the construction of a parking garage; and further to request that Town Administration and
the Planning Office begin developing a timeline and specifics so that the Board may assess the
fiscal, operational and scheduling impacts on the Town all in conformance with the Board’s
adopted goal regarding “downtown parking”; and further that the Board requests the Nantucket
Island Chamber of Commerce, the Lodging Association, the Nantucket Town Association, ReMain,
Nantucket Island Resorts, and the Restaurant Association each to communicate with the Board
their thoughts on the downtown parking solutions. Mr. Kopko said he would like to see numbers for
the paid parking and parking garage recommendations in terms of how much each would help
alleviate the parking deficiency, noting that in the recommendation the direct shuttle is to cover
approximately 67% of the current deficiency. He added that he feels a parking garage requires
more formal public input such as a referendum question. Mr. Willauer questioned the cost of the
paid parking system, noting it is estimated around $100,000. Assistant Finance Director Irene
Larivee said from a budget prospective, the FY 2012 capital projects are already underway and if
the Town hopes to implement this for next summer, it needs to get the plans together within the
next two weeks. Discussion followed on Mr. Atherton’s motion; Mr. Willauer seconded. Mr. Kopko
moved to amend Mr. Atherton’s motion to strike the parking garage option. The motion died for a
lack of a second. On Mr. Atherton’s motion, so voted 3-1. Mr. Kopko was opposed.
3. Resignation: Cultural Council. Mr. Atherton moved to accept the resignation of Aaron
Marcavitch from the Cultural Council and to send a letter of thanks for his service; Mr. Kopko
seconded. All in favor, so voted.
4. Resignation: Energy Study Committee. Mr. Atherton moved to accept the resignation of
Alexandra Hubicsak-Welsh from the Energy Study Committee and to send a letter of thanks for her
service; Mr. Kopko seconded. All in favor, so voted.
V. PUBLIC HEARINGS
1. Cisco Brewers: Entertainment License Update and Requests for Alteration of 2010 Event
Schedule. Chairman Roggeveen opened the public hearing. Mr. Kopko recused himself from this
2
matter. Attorney Sarah Alger, representing Cisco Brewers, said this was the second public update
of the summer regarding Cisco’s entertainment license; she also reviewed the requests to alter the
2010 event schedule. Mr. Atherton said he feels Cisco Brewers has complied with the intent of the
approval of the entertainment license. Assistant Town Manager Gregg Tivnan reviewed the Police
Department’s calls for service. Curtis Barnes asked for clarification on the alterations to the 2010
event schedule. Mr. Atherton moved to approve the alterations to the 2010 event schedule as
requested; Mr. Willauer seconded. All in favor, so voted. Chairman Roggeveen closed the public
hearing.
VI. TOWN MANAGER’S REPORT
1. Review of Financial Policies and Fee Schedule in Connection with FY 2012 Budget. Mr. Tivnan
explained that it is the goal of Town Administration to have all financial policies formalized, noting
three will be reviewed tonight. Ms. Larivee clarified that the previously approved Free Cash and
Stabilization Fund policies have been consolidated into one new Financial Reserves policy, which
also includes a Trust Fund policy. Mr. Atherton said he feels the Board needs more time to review
the policies and that the Finance Committee should also review them. Mr. Tivnan said the policies
are only for review at this point, and there is no request for approval at this time. The Board
consensus is to forward the policies to the Finance Committee for its review. Regarding the fee
schedule, Chairman Roggeveen noted that the mooring fees have not changed since 2002. Mr.
Kopko cautioned against increasing fees in these difficult economic times. Ms. Larivee said the
goal is to have the Board review the fee schedule on an annual basis and to see if the cost of the
fee is covering the provision of the service. Mr. Tivnan thanked Finance Director Connie Voges and
Ms. Larivee for their work on the policies and fee schedule.
VII. SELECTMEN’S REPORTS/COMMENT
1. Review Status of Draft Ground Lease Agreements with Nantucket Human Services Center, Inc.:
Human Services Center Project and Affordable Housing Project (tabled from 1 September 2010).
Chairman Roggeveen explained that the Board consensus is that it has a real estate lease
template which it considers baseline, and the Board is not willing to bend on these baseline items.
She said the main issue with the Nantucket Human Services Center, Inc. is related to finances.
Town Counsel Rod Hoffman noted that he has been communicating with Jeff Sachs, counsel for
the Human Services Center, that they have reviewed five particular discussion items and have
come to a “general understanding” on most of the items, which include the lease term, the Board’s
ability to terminate the lease if milestones are not reached, bonding, oversight issues, and lease
financing terms. Mr. Kopko said he feels the Board can accept all issues outlined except the
financing terms. Mr. Atherton said he feels the Board should have final approval on financing of the
property. A discussion between the Board, Human Services Center Executive Director Tom
Pochman, and Human Services Center board member Georgia Snell followed regarding the
funding, endowment, and the housing and human services center projects running parallel to each
other. It was agreed that an endowment would be raised before any construction on the property
commences. Per Board consensus, Chairman Roggeveen instructed Town Counsel to work with
the Human Services Center counsel to incorporate the changes discussed into the lease, which
they will attempt to finalize in the next few weeks.
2. Review of Request for Proposal for Public, Educational, and Government (PEG) Access
Channel. Mr. Tivnan said a draft request for proposal (RFP) for the PEG channel has been
circulated and is hopefully ready to be issued. He noted that the Town recently received a copy of
3
4
a legal advisory opinion from the Town of Wellfleet which questions whether a RFP needs to be
issued for a PEG channel, adding that Town Counsel has advised the Board to issue a RFP. Mr.
Kopko moved to issue the RFP for a PEG channel; Mr. Atherton seconded. All in favor, so voted.
3. Committee Reports. None.
Mr. Atherton said he would like to continue the discussion on the legal services request for
qualifications (RFQ). Chairman Roggeveen explained her understanding of the process and noted
a discussion with the Inspector General’s office regarding the issuance of the RFQ. Mr. Kopko
inquired whether the RFQ has been issued, noting Town Counsel has indicated he has not
received it. A discussion followed on postponing Board discussion items when it is requested by
Board members. Chairman Roggeveen said they will place a discussion of legal services RFQ
review on the 22 September 2010 agenda.
Mr. Atherton noted he has drafted a letter to the Department of Public Utilities regarding National
Grid’s deal with Cape Wind to go out from him personally, and distributed copies to the Board in
case it chooses to write a letter as well.
VIII. ADJOURNMENT
The meeting was unanimously adjourned at 8:40 PM.
Approved the 6th day of October, 2010.
BOARD OF SELECTMEN
15 SEPTEMBER 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 1 September 2010 at 6:00 PM
IV. 1. Email from Andrew Vorce and draft letter of support for the Wilkes Square report; CBT
Architects Wilkes Square Redevelopment draft report; Bryne McKinney & Assoc. Inc.
Wilkes Square Economic Summary; written motion from Rick Atherton
IV. 2. NP&EDC recommendations; draft minutes of NP&EDC; written motion from Rick Atherton
IV. 3. Email from Aaron Marcavitch, re: resignation from Cultural Council
IV. 4. Email from Sandra Welsh, re: resignation from Energy Study Committee
V. 1. Copy of Cisco Brewers 2010 Entertainment License; NPD calls for service summary; letter
from James Powers; letter from Frank Powers; email from Town Counsel, re: alteration of
event schedule; three written requests from Cisco Brewers for alteration of 2010 event
schedule; copy of 2010 event schedule and mitigation plan
VI. 1. Revised draft copies of Financial Reserves Policy, Use of One-time Financial Resources
Policy, User Fee and Charges Policy; email from Irene Larivee with original draft copies of
proposed policies; 2011 User Fee schedule; Report of the Ad Hoc Fiscal Committee
VII. 2. PEG Request for Proposal
Letter submitted by Rick Atherton to DPU