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HomeMy WebLinkAboutBoard of Selectmen Minutes April 28, 2010_2014020616201568671 BOARD OF SELECTMEN Minutes of the Meeting of April 28, 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, and Patricia Roggeveen. Whiting Willauer was absent. Chairman Roggeveen called the meeting to order at 6:59 PM, following meetings of the Nantucket Regional Transit Authority and the Board of Health. The Board held a moment of silence for Alison Zieff. Chairman Roggeveen reviewed changes to the agenda. ANNOUNCEMENTS Assistant Town Manager Gregg Tivnan reviewed the 2010 committee/board/commission vacancies, noting all the openings are listed on the Town’s website. The Parks and Recreation Department will be hosting a skateboard competition at the Skate Park on Backus Lane Saturday, 1 May 2010 at 12:00 PM (Rain Date is 8 May). The Town has been awarded a Pepsi Challenge grant to refurbish the façade of the Teen Center. A work crew from Pepsi will be on Island Saturday, 8 May 2010. Volunteers are welcome. PUBLIC COMMENT None. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS Approval of Payroll Warrant for Week Ending 25 April 2010. The payroll warrant for week ending 25 April 2010 was approved by the unanimous consent of the meeting. Approval of Treasury Warrant for 28 April 2010. The treasury warrant for 28 April 2010 was approved by the unanimous consent of the meeting. TOWN MANAGER’S REPORT FY 2010 Sewer Enterprise Fund and Solid Waste Enterprise Fund Quarterly Reports. Department of Public Works Director Jeff Willett presented third quarter reports for the Sewer Enterprise Fund (SEF) and Solid Waste Enterprise fund (SWEF) budgets. He noted that the tonnage of mixed solid waste is trending upward, but is still well below the highs of 2006-2007, and the construction and demolition (C&D) waste is also trending upwards, but is still down almost 21% compared to year- to-date for the previous year. Mr. Willett said that C&D is still the only cost center which is self- supporting. He added that the SEF budget is on target for revenue vs. expenses, but there is a gap in the SWEF budget, as expenses are greater than current revenue. Mr. Kopko asked for clarification on what “overhead” encompasses as he feels the number seems high. SELECTMEN’S REPORTS/COMMENT Article 68 Work Group Appointments. Chairman Roggeveen thanked all applicants for showing interest in this important work group. She reviewed the appointment process and asked the Board to nominate a slate of individuals. Peter Boyce of the Harbor and Shellfish Advisory Board spoke in favor of Doug Smith for its representative. Natalie Marcus spoke in favor of Sarah Oktay being on the work group. Mr. Tivnan informed the Board that the first meeting for the Article 68 Work Group 2 has been scheduled for Monday, 3 May 2010 at 10:00 AM at the 2 Fairgrounds Road conference room. The following seats were uncontested and appointed by acclimation: golf course greens keeper - Mark Lukas; Conservation Commission representative - Ernest Steinauer; Nantucket Garden Club representative - Caroline Ellis; and Nantucket Land Council representative - Cormac Collier. Two landscaper seats were available. In the first round, Natalie Marcus, Frank Dutra, Lucinda Young, Michael Misurelli, and Jon Wisentaner were nominated, with Mr. Misurelli being appointed to one seat. Mr. Misurelli received votes from Mr. Atherton, Mr. Chadwick, and Chairman Roggeveen. In the second round, Ms. Marcus and Ms. Young were nominated, with Ms. Young being appointed to the second seat. Ms. Young received votes from Mr. Atherton, Mr. Chadwick, and Chairman Roggeveen. Two Harbor Plan Implementation Committee representative seats were available. Sarah Oktay, Bam LaFarge, and Peter Boyce were nominated, with Mr. LaFarge and Mr. Boyce being appointed. Mr. LaFarge received votes from all four Board members. Mr. Boyce received votes from Mr. Atherton, Mr. Chadwick, and Chairman Roggeveen. One Harbor and Shellfish Advisory Board representative seat was available. Doug Smith and Wendy McCrae were nominated, with Ms. McCrae being appointed. Ms. McCrae received votes from Mr. Atherton, Mr. Chadwick, and Chairman Roggeveen. Two at-large seats were available. Lee Saperstein, Ken Brasfield, Seth Rutherford, and Lucinda Young were nominated, with Mr. Saperstein and Mr. Rutherford being appointed. Mr. Saperstein received votes from Mr. Kopko, Mr. Atherton, and Mr. Chadwick. Mr. Rutherford received votes from Mr. Atherton, Mr. Chadwick, and Chairman Roggeveen. Health Director Richard Ray and Marine Superintendent David Fronzuto will serve as non-voting ex-officio members of the work group. A discussion followed the appointments on whether to find a facilitator to manage the work group or to have it elect officers and start its work. Mr. Atherton asked the Board to allow one week to find a facilitator, and if by next week one is not found, to have the work group elect a chairman. He said he also hoped the Town could devote some resources to the group for administrative support to help with tasks such as minute taking and posting meetings. Discussion Regarding Open Container Bylaw Enforcement for Upcoming Events (Memorial Day Weekend; Fourth of July). This matter was continued to the 5 May 2010 meeting. Committee Reports. Mr. Kopko noted he and Chairman Roggeveen recently met with members from the Nantucket Human Services Center, Inc. regarding a ground lease for Town-owned property and said that they are close to bringing something back to the Board for review. A brief discussion on the timing of the Human Services Center, Inc. projects (affordable housing and building a human services center) followed. Chairman Roggeveen said she attended a Human Services Collaborative Study Work Group meeting this week, as well as a Harbor Plan Implementation Committee (HPIC) meeting. Mr. Kopko said he feels there was confusion regarding last week’s HPIC discussion, in that he thought the Board was putting the Board liaison appointment on hold, not the committee itself. He said he didn’t recall a formal vote taking place on the matter. Chairman Roggeveen said she stands firm on the decision to put the HPIC on hold while the Board decides on the HPIC’s priorities. Following a brief discussion, the Board consensus is to have HPIC make a presentation to the Board at its 12 May 2010 meeting. 3 CITIZEN/DEPARTMENTAL REQUESTS Discussion Regarding Opening Miacomet Pond. Venessa Moore stated that her basement on Second Way is flooding and she reviewed research she has undertaken regarding opening Miacomet Pond to alleviate flooding in the watershed district in which she lives. Mr. Fronzuto explained that the Town’s policy regarding the opening of Miacomet Pond is to open only in an emergency situation where the adjacent roads are compromised due to flooding and emergency vehicles cannot pass; he said that is not the case right now. He said the Town does have standing permits to open Sesachacha and Hummock Ponds, as they are managed as salt water and brackish ponds respectively. He said in the 1990s, public hearings were held and the Board of Selectmen subsequently determined to manage Miacomet Pond as a fresh water pond. He added that Miacomet Pond has been opened by the town in 1994, 1996, 1998, and 2003 under an emergency permit, and if the pond is opened, all the plants and animals in the pond will be affected by salt water intrusion, and that the Town needs to decide if it wants to continue managing Miacomet as a fresh water pond. Mr. Fronzuto added that many impervious surfaces have been installed over the years within the Miacomet watershed, such as the ice rink and elementary school parking lots, the new ball fields, the Skate Park, and Miacomet Road, which no longer allow the water to be reabsorbed by the ground. Richard Ray, speaking as a private citizen and abutter to Miacomet pond, spoke against opening Miacomet Pond. After a brief discussion by the Board on the policy of opening the pond, Chairman Roggeveen said the Town has a policy in place which does not currently warrant the opening of the pond, and that she would like the discussion focused on the affects of the pond and how to deal with wet areas; she said this would be a future agenda item. Andy Lowell spoke in favor of opening the pond. Chairman Roggeveen said the Board’s consensus is to not open Miacomet Pond and take no action on the request at this time. Ratification of Deed for Conveyance of Property on Muskeget Island to Nantucket Islands Land Bank Pursuant to Article 9 of December 8, 2008 Special Town Meeting (continued from 21 April 2010). This matter was continued to the 5 May 2010 meeting. Planning Office: Petition for Discontinuance of All or Portions of South Road (1933 Layout) a.k.a. New South Road, Pursuant to MGL Chapter 82; and, Layout of Industrial Road and Trap House Road. Planning Director Andrew Vorce said this matter is an administrative follow-up on implementation actions by the Board which culminate in public hearings before the County Commissioners tonight. Mr. Vorce reviewed the layout of Industrial Road and Trap House Road and the discontinuance of South Road. Mr. Kopko moved to execute the petition and approve the layout of Industrial Road and Trap House Road as presented; Mr. Atherton seconded. All in favor, so voted. Planning Office: Request for Acceptance of Quitclaim Deed from Nantucket Islands Land Bank to Town of Nantucket Pursuant to Chapter 163 of the Acts of 2007, Lot A on “Subdivision Plan of Land”, Prepared by Blackwell and Associates, Inc., Dated 7 December 2009. Mr. Vorce reviewed the request and associated plans. Mr. Atherton moved to approve the quitclaim deed from the Nantucket Islands Land Bank to the Town for Lot A as presented; seconded by Mr. Kopko. All in favor, so voted. Planning Office: Request for Grant of Land by Quitclaim Deed from Town of Nantucket to County of Nantucket Pursuant to Vote on Article 103 and Article 122 of 2008 Annual Town Meeting, Lots J, K and L on “Roadway Layout Plan of Industrial Road and Trap House Road”, Prepared by 4 Blackwell and Associates, Inc., Dated 11 March 2010. Mr. Vorce reviewed the request and associated plans. Mr. Kopko moved to approve the quitclaim deed from the Town to the County for Lots J, K and L as presented; Mr. Atherton seconded. All in favor, so voted. Planning Office: Request for Grant of Land by Quitclaim Deed from Town of Nantucket to Nantucket Islands Land Bank Pursuant to Vote on Article 122 of 2008 Annual Town Meeting, Lots 1, 4 and 5 on “Subdivision Plan of Land”, Prepared by Blackwell and Associates, Inc., Dated 3 September 2009 and Filed with Nantucket County Registry of Deeds as Plan 2009-44. Mr. Vorce reviewed the request and associated plans, noting the land is part of the mitigation plan for the industrial site. He added that the Land Bank did the majority of the work with Massachusetts Natural Heritage. Mr. Kopko moved to approve the quitclaim deed from the Town to the Nantucket Islands Land Bank for Lots 1, 4 and 5 as presented; Mr. Atherton seconded. All in favor, so voted. Planning Office: Request for Grant of Land by Quitclaim Deed from Town of Nantucket to Nantucket Islands Land Bank Pursuant to Vote on Article 83 of 2010 Annual Town Meeting, Parcel X on “Phase I Disposition Plan in Nantucket, Mass. of Tristram Avenue, Alliance Lane, Proprietors Road, Assessors Maps 31 & 32”, Prepared by Bracken Engineering, Inc., Dated 2 March 2009 and Filed with Nantucket County Registry of Deeds as Plan 2009-27. Mr. Vorce reviewed the request and associated plans. Mr. Kopko moved to approve the quitclaim deed from the Town to the Nantucket Island Land Bank for Parcel X as presented; Mr. Atherton seconded. All in favor, so voted. Planning Office: Request for Endorsement of Final Parcel Disposition Plan Showing Land at Woodbine, Holly, Pequot and Masquetuck Streets in Surfside Pursuant to Vote on Article 108 of 2008 Annual Town Meeting. Mr. Vorce reviewed the request and associated plans, noting the Board’s endorsement will result in “One Big Beach” easements granted to the Town by the various property owners. Mr. Kopko thanked Mr. Vorce for his hard work on this matter, as well as the early work of former selectmen Finn Murphy and Matt Fee. Mr. Kopko moved to endorse the final parcel disposition plan at Woodbine, Holly, Pequot and Masquetuck Streets in Surfside, as presented; Mr. Atherton seconded. All in favor, so voted. The meeting was unanimously adjourned at 9:01 PM. Approved the 19th day of May, 2010.