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HomeMy WebLinkAboutBoard of Selectmen Minutes August 18, 2010_201402061620161086BOARD OF SELECTMEN Minutes of the Meeting of 18 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 6:34 PM following a meeting of the Board of Health. I. ANNOUNCEMENTS 1. The annual Nantucket Community Association Summer Forum was held yesterday, 17 August 2010 at the Nantucket Atheneum. 2. The second Climate Action Plan public forum will be held Thursday, 19 August 2010 from 4:00 – 5:30 PM at the Nantucket Atheneum. 3. There is no Board of Selectmen meeting on Wednesday, 25 August 2010 due to the summer meeting schedule. The Board will be returning to its weekly meeting schedule starting Wednesday, 1 September 2010. 4. The new Wannacomet and Siasconset water towers went online on Monday, 16 August 2010. II. PUBLIC COMMENT 1. Richard Gerstman of 22 Massachusetts Avenue requested a “no parking” sign across from his driveway. Town Manager C. Elizabeth Gibson said traffic signage and safety is under the purview of Town Administration, and that the Traffic Safety Work Group has already reviewed the request and determined such signage is not necessary. 2. Nantucket Land Council executive director Cormac Collier thanked the Board of Health and Health Director Richard Ray for the action taken tonight, and reminded the Board of Selectmen, per its comment on Article 35 of the Annual Town Meeting, to work with the Town Manager on drafting language regarding an organic management plan for Town properties. 3. Bob DeCosta urged the Board to “slow down” regarding deer hunting changes, and said he believes the Department of Fish and Wildlife’s numbers on the Town’s deer population are “greatly exaggerated”. He added that hunters need to work with homeowners to gain access to areas where hunting is normally prohibited, and he recommends the Town petition the state to allow hunting on Sundays during bow season only. 4. Dick Arnold requested the Board hold a public hearing to discuss “deficiencies” at the Children’s Beach boat ramp. III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Payroll Warrants for Weeks Ending 8 August 2010; 15 August 2010. Chairman Roggeveen recused herself from this matter. The payroll warrants for weeks ending 8 August 2010 and 15 August 2010 were approved by the unanimous consent of the meeting. 2. Approval of Treasury Warrants for 11 August 2010; 18 August 2010 and Pending Contracts for 18 August 2010. Chairman Roggeveen recused herself from this matter. Ms. Gibson reviewed the various pending contracts. Mr. Chadwick moved to approve the pending contracts for the week 1 ending 18 August 2010; Mr. Atherton seconded. So voted 4-0. The treasury warrants for 11 August 2010 and 18 August 2010 were approved by the unanimous consent of the meeting. IV. CITIZEN/DEPARTMENTAL REQUESTS 1. Michele J. Cranston: Request for Reappointment as Constable. Mr. Chadwick moved to appoint Ms. Cranston as constable for a three-year term, said term to expire 17 August 2013; Mr. Atherton seconded. All in favor, so voted. 2. Harborview Nantucket L.P.: Request for Acceptance of Gift of $36,000 for Commercial Street Stormwater Drainage System Upgrade. Mr. Chadwick moved to accept the $36,000 gift from Harborview Nantucket L.P.; Mr. Atherton seconded. All in favor, so voted. 3. Our Island Home: Request for Acceptance of Gift of $8,000 from Joanne R. Murphy for Adult Community Day Center. Chairman Roggeveen thanked Ms. Murphy for the gift. Mr. Chadwick moved to accept the gift and to send a letter of thanks to Ms. Murphy; Mr. Willauer seconded. All in favor, so voted. 4. BPC Architecture: Request for Approval of Curb Cut at 29 Jefferson Avenue Resulting in Elimination of Parking Space. This matter was withdrawn at the request of the applicant. 5. Affordable Housing Trust Fund: Request for Approval of Acquisition of Real Property Located at 7 Surfside Road. Susan Bennett Witte spoke in favor of the request. Mr. Kopko moved to approve the Affordable Housing Trust Fund request for the acquisition of real property located at 7 Surfside Road; Mr. Chadwick seconded. Attorney Sarah Alger stated that she has received a call from Barry Hamilton who is a beneficiary of the property trust in question, who says he is unhappy with the sale and intends to take action to oppose the sale. Ms. Witte said the Board’s action tonight is only to decide whether the purchase is fiscally appropriate or not, noting the Affordable Housing Trust Fund trustees approved the purchase unanimously. On the motion, all in favor, so voted. 6. Request for Execution of Quitclaim Deeds and Settlement Statements for Conveyance of Town “Yard Sale” Property Described as 34 Nobadeer Avenue, Map 88, Parcel 2, Pursuant to Vote on Article 85 of 2009 Annual Town Meeting; Vote of Board of Selectmen on 2 December 2009; Vote of Board of Selectmen on 24 March 2010. Planning Director Andrew Vorce spoke in favor of the request. Mr. Chadwick moved to approve the execution of quitclaim deeds and settlement statements for 34 Nobadeer Avenue as presented; Mr. Atherton seconded. All in favor, so voted. 7. Public Input Session Regarding Draft Climate Action Plan; Request for Adoption of Climate Action Plan. Chairman Roggeveen said the Board is in receipt of a memo from the Nantucket Planning and Economic Development Commission (NP&EDC) requesting a 90-day extension on the Board’s adoption of a Climate Action Plan (CAP) to allow for a longer public comment period. Mr. Atherton, who is the Board’s representative on the NP&EDC, asked the Board to respectfully accept the delay and allow for more public comment. A discussion followed among Board members and Michelle Whelan, executive director of Sustainable Nantucket, who has been contracted to draft the CAP, regarding the timeframe of adopting the CAP. Alicia Sieger, a contractor for Sustainable Nantucket, said a delay in adoption of the CAP won’t get the Town farther than it is today and urged the Board to adopt the CAP tonight. Mr. Vorce explained that there are reasons for the delay such as allowing more time for a broader discussion. Mr. Atherton 2 moved to hold the adoption of the CAP open until 17 November 2010 and encouraged the Planning Office to get further public comment on the CAP; Mr. Chadwick seconded. So voted 4-1. Mr. Kopko was opposed. V. PUBLIC HEARINGS 1. Public Hearing to Consider Application for Amended Entertainment License for The Chanticleer LLC d/b/a The Chanticleer, Susan Handy, Manager for Premises Located at 9 New Street, Siasconset. Chairman Roggeveen opened the public hearing. Ms. Alger, representing the Chanticleer, spoke in favor of the application, noting the establishment has received positive feedback from residents, patrons, and abutters, and she submitted signed petitions in favor of the application. Members of the audience spoke in favor and against the application with the most significant concern being possible amplification of the music. Mr. Chadwick suggested limiting the entertainment license to 11:00 PM. Chanticleer manager Susan Handy stated that the current entertainment license goes through midnight, and she would like to keep the hours as they currently are approved. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve the application to amend the entertainment license for the Chanticleer as presented; Mr. Chadwick seconded. All in favor, so voted. 2. Public Hearing to Consider Amendments to Chapter 200: Traffic Rules and Regulations of the Town of Nantucket. Chairman Roggeveen opened the public hearing and reviewed the history of the proposed amendment. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve the amendment to add Section 200.1, Definitions, Courtesy Van to Chapter 200, Traffic Rules and Regulations of the Town of Nantucket adopted 10 September 2008 and as further amended; Mr. Chadwick seconded. A brief discussion among Board members followed. On the motion, all in favor, so voted. VI. TOWN MANAGER’S REPORT 1. Preliminary Review of FY 2012 Budget Projection Forecast and Assumptions. Ms. Gibson explained that one of the Board’s goals is to get budget assumptions and projects out earlier in the season which is occurring with tonight’s presentation. She added that a modified, more strategic approach is being used this year. Ms. Gibson said she and Assistant Finance Director Irene Larivee attended a Government Finance Officers Association Budget Analyst Training Academy last week and they hope to implement many of the tools they learned at the conference. Mr. Atherton said he was pleased that Ms. Gibson and Ms. Larivee attended the conference. Ms. Larivee reviewed the FY 2012 preliminary General Fund forecast and reviewed the elements of the municipal budget. She said there are a few new budget process changes, including the budget cycle beginning in August and a forecast methodology to “live within” the projected revenue. Ms. Larivee reviewed General Fund planning assumptions for revenue and expenditures. 2. Madaket Wind Turbine Project Update. Ms. Gibson updated the Board on the proposed Madaket wind turbine project, noting that a 1500-kW turbine is proposed to be installed at the site of the former radio tower at the landfill, and that up-front costs are estimated at approximately $250,000 which the Town is expected to recover over time. She proposed that this funding come from the Cape and Islands License Plate Fund, but the Board should be forewarned that this project could “wipe out” that account for the current year. Ms. Gibson said the Town did receive a state grant of $390,000 but those funds are only reimbursable for final design and construction after the Town itself expends funds. Mr. Willauer noted several issues must be worked out, such as how to get 3 such a large turbine to the island and to the site, and how to deal with potential noise issues and the visual impact of the turbine. He added that a benefit of the wind turbine is that it will pay for all the electrical needs of the landfill plus generate potential revenue or expense reduction of approximately $600,000 per year. 3. Request for Approval of Technical Revisions to Sewer Privilege Fee Lien Agreement; Request for Adoption of Delegation of Authority Document in Connection with Lien Agreement. Ms. Gibson said two actions are being requested tonight: approval of technical revisions to the already approved Sewer Privilege Fee Lien Agreement and approving a delegation of authority in connection with the lien agreement, which would allow the tax collector to sign the lien agreement documents instead of the Board. Chairman Roggeveen noted that the Board is in receipt of a letter from the Nantucket Bar Association regarding the lien agreement. Town Counsel Paul DeRensis summarized the technical revisions to the lien agreement. Mr. Willauer moved to approve the technical revisions to the Sewer Privilege Fee Lien Agreement; Mr. Atherton seconded. All in favor, so voted. Mr. Kopko moved to approve the Delegation of Authority regarding the Lien Agreement; Mr. Chadwick seconded. All in favor, so voted. 4. Review Charge to Council for Human Services Regarding Annual Health and Human Services Request for Proposals. Ms. Gibson said she understands that the Council for Human Services is moving “full speed ahead” with its charge and plans to have a report ready by the given deadline. She suggested that FY 2011 Health and Human Services contracts possibly be extended for one year, to give additional time to developing the Request for Proposal (RFP) process. Council for Human Services Coordinator Maryanne Worth said the Council is prepared to present its report on the proposed scope of services regarding human services. VII. SELECTMEN’S REPORTS/COMMENT 1. Discussion Regarding Finance Committee Conflict of Interest. Chairman Roggeveen said a discussion regarding potential conflicts of interest began with a particular recent application to the Finance Committee. Chairman Roggeveen noted that the Board received a disclosure form today from Finance Committee Chair Jim Kelly who has accepted a position on the Nantucket Cottage Hospital Board of Trustees. A discussion followed among board members and Mr. DeRensis on the meaning of the Finance Committee bylaw. Mr. DeRensis said the Nantucket Cottage Hospital has been receiving funds from the Town “for decades” and that he had advised Mr. Kelly not to accept the position on the Hospital Board of Trustees if Mr. Kelly wished to remain on the Finance Committee. A discussion followed on whether “directly interested” also means institutional; the Board agreed that it does. Following further discussion, the Board agreed to instruct Ms. Gibson, with assistance from Town Counsel, to draft a letter to Mr. Kelly outlining his options. 2. Review Draft Legal Services Request for Proposal. Ms. Gibson explained that she has drafted an outline for a legal services Request for Proposal (RFP) but upon further consultation with the Town’s Procurement Officer, said that the preferred method would be to issue a Request for Qualifications (RFQ). Ms. Gibson reviewed the difference between a RFP and a RFQ, noting she is inclined to move forward with a RFQ, but that Massachusetts General Law does not require the Town to do either. After some discussion, the Board agreed with the RFQ approach, and asked that all Board comments on the proposed outline be forwarded to Ms. Gibson who will incorporate the changes into a new RFQ document to be reviewed at the Board’s 1 September 2010 meeting. 4 5 3. Review Status of Public, Educational, and Government (PEG) Access Channel Operating Agreement. Ms. Gibson noted that there are matters within the draft operating agreement still unanswered such as Recital 8, wherein the Town agrees to provide space for a studio; she added that the Town did not agree to that. Assistant Town Manager Gregg Tivnan reviewed some of the changes that have been made to the draft document, noting new information has been received from Town Counsel that the Attorney General’s office requires that PEG channels are subject to the RFP process. A discussion among Board members followed on its relationship with Channel 17, which tapes the Board meetings. Mr. Tivnan noted that Town Counsel has drafted a RFP for the PEG channel. It was agreed by the Board to have Mr. Kopko work with the administrative work group on finalizing the operating agreement with the goal of issuing a RFP in the next two to three weeks. 4. Committee Reports. None. VIII. ADJOURNMENT The meeting was unanimously adjourned at 9:29 PM. Approved the 8th day of September, 2010. BOARD OF SELECTMEN 18 AUGUST 2010 – 6:00 PM COURT ROOM, TOWN & COUNTY BUILDING 16 BROAD STREET NANTUCKET, MASSACHUSETTS List of documents used at the meeting: III. 2. Pending contracts spreadsheet for August 18, 2010 IV. 1. Letter from Michele Cranston, re: request for reappointment; statement of moral character; copies of bonding certificates; copy of MGL Chapter 41, sections 91A and 91B IV. 2. Letter from Sarah Alger PC, re: acceptance of gift; email from Leslie Snell, re: Planning Board conditions, re: gift IV. 3. Letter from Our Island Home, re: accepting gift for ACDC program IV. 4. Email from BPC Architecture requesting matter be postponed; application for curb cut/driveway access permit; associated plans IV. 5. Memo from Susan Witte, re: AHTF request for acquisition of property; copy of offer to purchase IV. 6. Letter from Patricia Halstead, re: 34 Nobadeer Avenue; associated copies of quitclaim deeds and settlement statements IV. 7. Memo from Andrew Vorce, re: Climate Action Plan; copy of Climate Action Plan brochure; copy of draft Climate Action Plan V. 1. Entertainment license application; instrument selection list; email from Sam Daniel, re: Chanticleer concerns V. 2. Letter from Police Chief Pittman, re: amendment to Chapter 200, Traffic Regulations VI. 1. FY 2012 Preliminary General Fund Forecast PowerPoint; associated spreadsheets VI. 2. Memo from George Aronson, re: wind turbine update VI. 3. Letter from Nantucket Bar Association, re: sewer privilege fee; revised lien agreement for sewer privilege fee; delegation of authority, re: sewer privilege fee VII. 1. Disclosure form from James Kelly, re: Finance Committee VII. 2. Draft outline for legal services RFP VII. 3. Draft operating agreement for PEG channel; NCTV policies and regulations; NCTV business plan