HomeMy WebLinkAboutBoard of Selectmen Minutes August 4, 2010_201402061620159680BOARD OF SELECTMEN
Minutes of the Meeting of 4 August 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 6:04 PM following a meeting of the County Commission.
I. ANNOUNCEMENTS
1. The Town of Nantucket Scholarship Committee has awarded nine scholarships for 2010. A $1,000
Thomas F. Curley Scholarship has been awarded to Eli Fischer. Eight $800 Town of Nantucket
Scholarships were awarded to: Kristie Flaherty, Gabrielle LaFavre, Maureen Malavase, Katherine
McInerney, Georgina Morley, Taylor Murphy, James Rhodes, and Eric Roberts.
2. There is no Board of Selectmen meeting on Wednesday, 11 August 2010 due to the summer
meeting schedule. The Board will be returning to its weekly meeting schedule starting Wednesday, 1
September 2010.
3. There will be no NRTA Jetties Beach Bus on Saturday, 14 August 2010 due to the Boston Pops
concert and closure of Jetties Beach.
4. Climate Action Plan public forums will be held on Thursday, 5 August 2010 from 4:00 – 5:30 pm and
Thursday, 19 August 2010 from 4:00 – 5:30 pm at the Nantucket Atheneum. Also, a public input
session is scheduled for the 18 August 2010 Board of Selectmen meeting.
5. Gisele Gauthier of Housing Assistance Corporation introduced the development team for the
Nantucket Housing Authority’s Sachem’s Path Ch. 40B Affordable Housing Development and briefly
reviewed the various phases of the project.
II. PUBLIC COMMENT
1. Billy Cassidy of Holdgate Partners spoke on the Town’s annual paving bid, and asked that the five-
year qualification requirement be stricken from the bid requirements. Town Manager C. Elizabeth
Gibson noted that this is not an agenda item and requirements that go into bid specifications are an
administrative matter. She added that the five-year requirement is considered an industry best practice.
Some further discussion followed about the paving bid.
2. John McLaughlin requested that the Department of Public Works (DPW) “clean out” the bushes
around Town.
3. Dick Arnold inquired when Children’s Beach boat ramp “deficiencies” will be addressed by the Town.
III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Minutes of 7 October 2009 at 6:00 PM. The minutes of 7 October 2009 at 6:00 PM were
approved by the unanimous consent of the meeting.
2. Approval of Payroll Warrants for Weeks Ending 25 July 2010; 1 August 2010. The payroll warrants
for weeks ending 25 July 2010 and 1 August 2010 were approved by the unanimous consent of the
meeting.
3. Approval of Treasury Warrants for 28 July 2010; 4 August 2010 and Pending Contracts for 4 August
2010. Ms. Gibson reviewed the various pending contracts and acknowledged Nate Barber and Bob
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Bates of the Fire Department for helping to coordinate the Harvard Negotiation and Mediation Clinical
Program. DPW Director Jeff Willett reviewed contract amendment # 3 with AECOM and answered
questions from the Board. Mr. Chadwick moved to approve the treasury warrants for 28 July 2010 and
4 August 2010 and pending contracts for the week ending 4 August 2010; Mr. Atherton seconded. All in
favor, so voted.
IV. PUBLIC HEARINGS
1. Public Hearing to Consider MassDOT Public Works Economic Development (PWED) Grant
Application for Construction of Two New Public Ways: Industry Road and Shadbush Road. Chairman
Roggeveen opened the public hearing. Planning Director Andrew Vorce reviewed the grant application
for $1.6 million for the construction of Industry and Shadbush Roads. Chairman Roggeveen closed the
public hearing. Mr. Kopko moved to support the PWED grant application; Mr. Chadwick seconded. All
in favor, so voted.
V. CITIZEN/DEPARTMENTAL REQUESTS
1. Remand by Alcoholic Beverages Control Commission of Revocation of Seasonal All-Alcoholic
Beverages Innholder License of Vanessa Noel Hotel and Vanno Bar. Attorney Paul Jensen,
representing Vanessa Noel Hotel and Vanno Bar, explained that his client’s taxes are now up to date
and that the license should be issued per the order of the Alcoholic Beverages Control Commission
(ABCC). Mr. Kopko moved to issue the seasonal all-alcoholic beverages innholder license to the
Vanessa Noel Hotel and Vanno Bar. Ms. Gibson reviewed the history of why the license was revoked,
noting that the Town did not attend a recent ABCC hearing, but the Board did send a letter to the ABCC
informing them the Town would not be represented and that the Board had no objection to Vanessa
Noel’s appeal of the revocation of the license; subsequently, the ABCC remanded the issue to the
Town. Mr. Atherton seconded Mr. Kopko’s motion. All in favor, so voted.
2. Nantucket Shellfish Association: Request for Acceptance of Gift of $59,133 for Town of Nantucket
Shellfish Management Plan. Dan Drake, treasurer of the Nantucket Shellfish Association, spoke in
favor of the acceptance of the gift for the Shellfish Management Plan, noting that in addition to the
Shellfish Association, donors include the Nancy Sayles Day Foundation, the Environmental Defense
Fund, and the Nantucket Land Council. He added that the gift comes with conditions, including a
request for an oversight committee with specific membership. Mr. Kopko moved to accept the gift of
$59,133 for the Shellfish Management Plan; Mr. Chadwick seconded. All in favor, so voted. Mr.
Willauer discussed the makeup of the oversight committee, and proposed it be made up of Town
Biologist Tara Riley, Matt Herr, Marine Superintendent Dave Fronzuto, Nantucket Land Council
Executive Director Cormac Collier, Senior Marine Scientist from the Environmental Defense Fund Dr.
Jacob Kritzer, two nominees made by the Harbor and Shellfish Advisory Board (SHAB), and two
nominees made by the Nantucket Shellfish Association, for a total of nine members. Mr. Willauer added
that Nantucket’s will be the first shellfish management plan in the state. Mr. Kopko moved to establish
the oversight committee with the makeup as proposed by Mr. Willauer, noting that the SHAB and
Shellfish Association’s nominees need to be approved by the Board; Mr. Atherton seconded. All in
favor, so voted.
3. Resignation: Council for Human Services. Mr. Kopko moved to accept the resignation of Maria Pena
from the Council for Human Services and to send her a letter of thanks for her service; Mr. Chadwick
seconded. All in favor, so voted.
4. Finance Committee Appointment (continued from 7 July 2010; 21 July 2010). Chairman Roggeveen
said that in addition to the Finance Committee appointment, the Board will also be making
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appointments to the Energy Study Committee. She added that a future agenda will concern a current
Finance Committee member who has a potential conflict of interest as that person serves on a non-
profit board which receives Town funding. The Board then discussed Town Code section 11-1 which
states that a person cannot serve on the Finance Committee if they also serve on agencies which
receive funding from the Town. Mr. Kopko acknowledged that the Board received a conditional
resignation letter from Finance Committee applicant Mike Glowacki for SHAB, contingent upon his
appointment to the Finance Committee, noting he feels Mr. Glowacki’s conditional resignation letter is
suitable. The Board agreed that Mr. Glowacki’s resignation letter is appropriate. Chairman Roggeveen
proceeded with the following appointments:
Finance Committee - one seat available and four applicants. By paper ballot, a tie occurred between
Mr. Glowacki and Doug Unruh. By a second paper ballot vote between Mr. Glowacki and Mr. Unruh,
Mr. Unruh was appointed for a three-year term, said term to expire June 30, 2013. Mr. Unruh received
votes from Mr. Kopko, Mr. Willauer, and Mr. Atherton.
Energy Study Committee – Chairman Roggeveen noted there are two seats and three applicants. By
paper ballot, H. Flint Ranney and Chris Magee were appointed to the Energy Study Committee for
three-year appointments, said terms to expire June 30, 2013. Mr. Ranney received votes from all five
Board members. Mr. Magee received votes from Mr. Kopko, Mr. Willauer, Mr. Atherton, and Mr.
Chadwick.
5. Request for Execution of Purchase and Sale Agreement, Quitclaim Deed and Settlement Statement
for Conveyance of Town “Yard Sale” Property Described as Portion of West Tristram Avenue, Map 32,
Parcel 21, also known as Parcel T1, Pursuant to Vote on Article 118 of 2008 Annual Town Meeting and
Vote of Board of Selectmen on 2 December 2009. Mr. Chadwick moved to approve the execution of the
purchase and sale agreement, quitclaim deed, and settlement statement for Parcel T1, as presented;
Mr. Kopko seconded. All in favor, so voted.
6. Request for Approval of Application of Great Harbor Yacht Club, Inc. for a Change of Manager for
Seasonal All-Alcoholic Beverages Club License, Donald L. Kolp, Manager, for Premises Located at 96
Washington Street, Nantucket. Donald Kolp spoke in favor of the application. Mr. Chadwick moved to
approve Great Harbor Yacht Club’s request for change of manager; Mr. Atherton seconded. All in favor,
so voted.
7. Tick-borne Disease Committee: Request for Implementation of Local Deer Reduction Actions and
Endorsement of Associated Proposed State Regulation Changes. Dr. Malcolm McNabb introduced
presenter and Tick-borne Disease Committee member Scott White. Dr. White discussed the
committee’s deer reduction plan, noting deer reduction is only a small part of the overall tick-borne
disease reduction program. He reviewed the goals of reducing the Island’s deer herd population and
the “supportive local actions” the committee proposes, including a hunter accreditation program,
connecting property owners and hunters, and making check stations more available. Dr. White also
reviewed proposed changes to the Department of Fish and Wildlife (DFW) regulations for Nantucket,
including the addition of two weeks of “managed” archery hunting for antlerless deer and increasing the
possession limits for antlerless deer. Sonia Christianson, the state deer project leader for the DFW,
explained how the deer check stations work on Island and answered questions from the Board.
Discussion among Board members followed. Chairman Roggeveen recommended that the Board
assign Mr. Atherton and Mr. Chadwick to work with the Tick-borne Disease Committee and the
Nantucket Hunting Association with regard to improving the Island’s check station as well as focusing a
discussion on local actions which could take place in the near future. With regard to the proposed DFW
regulation changes, Mr. Chadwick said he is not in favor of extending the archery season, but is in favor
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of increasing limits for antlerless deer. Chairman Roggeveen concurred with Mr. Chadwick; the Board
consensus is for the Board to send a letter to the DFW to that regard.
8. Nantucket Architecture Group Ltd.: Appeal of Building Department Penalty Fee. Steve Theroux of
Nantucket Architecture Group reviewed the request for appeal of the Building Department penalty fee
and the specific history of the project located at 8 Bunker Hill Road, noting the basements in both
dwellings were finished without having building permits authorizing the work in place before
construction commenced. Building Inspector Steve Butler agreed with Mr. Theroux’s synopsis and
explained that the established penalty is four times the original fee. Following discussion among Board
members, Mr. Kopko moved to take no action on the request; Mr. Chadwick seconded. All in favor, so
voted.
VI. TOWN MANAGER’S REPORT
Ms. Gibson noted the recent coordination and development of an administrative team regarding the
new changes in state Open Meeting Law, and explained that the team has held five training sessions
over the past two weeks. She added that the team is in the process of developing a frequently asked
questions sheet, and as questions arise, she asked that they be directed to the Town Administration
office.
1. Request for Adoption of Policy for the Installation of Memorial Plaques, Benches, and Trees in the
Town of Nantucket. Ms. Gibson reviewed the proposed policy for memorial plaques, benches, and
trees. Mr. Kopko moved to adopt the policy as presented; Mr. Atherton seconded. So voted 4-0. Mr.
Chadwick abstained.
2. Request for Endorsement of FY 2012 Budget Timeline; 2011 Annual Town Meeting Timeline. Ms.
Gibson reviewed the proposed FY 2012 budget timeline and 2011 Annual Town Meeting timeline,
noting some dates on both are expected to change. Mr. Chadwick moved to endorse the timelines as
presented; Mr. Kopko seconded. All in favor, so voted.
3. Status of 2010-11 Board of Selectmen Goals. Ms. Gibson updated the Board on the progress made
to date on the implementation of its goals, noting Town Administration intends to update the Board
monthly. Ms. Gibson answered various questions from the Board regarding the various items.
VII. SELECTMEN’S REPORTS/COMMENT
1. Committee Reports. Mr. Atherton gave an update on the Nantucket Planning and Economic
Development Commission (NP&EDC) meetings, specifically regarding the Climate Action Plan and
parking issues. Mr. Willauer added that the NP&EDC recently granted the Town $12,000 in connection
with a solar farm at the Surfside Wastewater Treatment Facility. He also gave updates on SHAB and
the Energy Study Committee. Mr. Kopko gave updates on the Community Preservation Committee and
the Council for Human Services.
VIII. ADJOURNMENT
The meeting was unanimously adjourned at 9:20 PM.
Approved the 8th day of September, 2010.
BOARD OF SELECTMEN
4 AUGUST 2010 – 6:00 PM
COURT ROOM, TOWN & COUNTY BUILDING
16 BROAD STREET
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
I. 1. Press release from Town of Nantucket Scholarship Committee, re: 2010
awards
I. 5. Memo from Housing Assistance Corporation, re: attending meeting
III. 1. Draft minutes of 7 October 2009 at 6:00 PM
III. 3. Pending contracts spreadsheet for August 4, 2010
IV. 1. MassDOT PWED grant application
V. 1. Copy of decision of ABCC, re: Vanessa Noel Hotel and Vanno Bar
V. 2. Letter from Nantucket Shellfish Association, re: request for acceptance of
gift for Shellfish Management Plan; resume of Jacob P. Kritzer
V. 3. Letter of resignation from Maria Pena, re: Council for Human Services
V. 4. List of committee openings and committee interest forms for Finance
Committee (Carol Dunton; Paul Nicholson; Mike Glowacki; Doug Unruh)
and Energy Study Committee (Michael Fleischut; H. Flint Ranney; Chris
Magee); copy of the Town Code section 11-1; memo from Town Counsel,
re: appointments to the Finance Committee; conditional resignation letter
from Mike Glowacki
V. 5. Memo from Emily Avery, re: Lot T1 request for acceptance; associated
purchase and sale agreement, quitclaim deed, and settlement statement
V. 6. Memo from Great Harbor Yacht Club, re: change in manager; associated
application
V. 7. Copy of Tick-borne Disease Committee PowerPoint presentation; proposal
dated July 26, 2010; email from Malcolm McNabb
V. 8. Letter from Nantucket Architecture Group, re: appeal of building
department penalty fee
VI. 1. Draft policy for the Installation of Memorial Plaques, Benches, and Trees
VI. 2. Copy of Nantucket Charter, section 4.2; drafts of FY 2012 budget timeline
and 2011 Annual Town Meeting timeline
VI. 3. Update on 2010-2011 Board goals; associated goals spreadsheet