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HomeMy WebLinkAboutBoard of Selectmen Minutes January 5, 2011_201402061649122760BOARD OF SELECTMEN Minutes of the Meeting of 5 January 2011. 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 Manager C. Elizabeth Gibson announced that the Town is continuing to issue years of service pins in a quarterly basis, noting tonight 10 and 15 years of service pins will be presented. Ms. Gibson recognized those present as follows: Connie Voges of the Finance Department, 10 years of service; Kathy Richen and Tom Erichsen of the Finance Department and Bob Gardner of Wannacomet Water Company, 15 years of service. Ms. Gibson will issue service awards at a later date to those not in attendance: 10 years of service – Jeff Allen/Fire, Shawn Monaco/Fire, Dwayne Dougan/Marine, John Braginton-Smith/DPW, Martin Stone/Waste Water, Tom Paterson/Building, Robert Earle/Wannacomet, Garrett Allen/Airport, Peter Fowler/Airport, Fernella Phillips/Our Island Home, Stormy Reed/Our Island Home, Priscilla Worswick/Our Island Home, Nadene Haye/Our Island Home, and Mark Voigt/HDC; 15 years of service – Jerome Mack/Police, Edward Maxwell/Fire, and Carol Matson/Our Island Home. II. PUBLIC COMMENT None. III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Minutes of 13 December 2010 at 5:00 PM; 15 December 2010 at 6:00 PM. The minutes of 13 December 2010 at 5:00 PM and 15 December 2010 at 6:00 PM were approved by the unanimous consent of the meeting. 2. Approval of Payroll Warrants for Weeks Ending 26 December 2010; 2 January 2011. The payroll warrants for weeks ending 26 December 2010 and 2 January 2011 were approved by the unanimous consent of the meeting. 3. Approval of Treasury Warrants for 29 December 2010; 5 January 2011 and Pending Contracts for 5 January 2011. Ms. Gibson reviewed the various pending contracts, noting she has spoken with Town Counsel regarding the revote of the health and human services contracts from 23 June 2010 and was advised there is no legal need for a revote but that an abundance of caution is warranted. Ms. Gibson also noted that the Board has received an Open Meeting Law complaint regarding this issue and that Town Administration is working with Town Counsel to prepare a response. Mr. Kopko and Mr. Willauer noted they will be abstaining from the vote regarding the Family and Children’s Services contract. Mr. Atherton moved to approve the pending contracts for 5 January 2011; Mr. Chadwick seconded. So voted 5-0 with the abstentions noted by Mr. Kopko and Mr. Willauer. The treasury warrants for 29 December 2010 and 5 January 2011 were approved by the unanimous consent of the meeting. IV. PUBLIC HEARINGS 1. FY 2012 General Fund Budget. Chairman Roggeveen opened the public hearing. There were no comments from the public. Chairman Roggeveen closed the public hearing. Mr. Atherton noted that the Finance Committee will also be holding a public hearing regarding the budget at a later date. 1 Ms. Gibson stated that departmental budget presentations to the Finance Committee start next week and Town Administration’s is scheduled for 24 January 2011. V. CITIZEN/DEPARTMENTAL REQUESTS 1. Nantucket Community Association: Request for Acceptance of Gift of $552.00 for Purchase of Trees. Chairman Roggeveen thanked the Nantucket Town Association, Annie Mendelsohn, Craig Beni, Chris Oberg, the Steamship Authority, the Nantucket Community Association, and Don Lefebvre for their joint efforts in fundraising for new trees on Lower Broad Street. Mr. Willauer moved to accept the gift of $552 for the purchase of trees on Lower Broad Street; Mr. Atherton seconded. All in favor, so voted. Ms. Gibson recognized Ms. Mendelsohn and thanked her for her hard work to improve the appearance of the area. 2. Request for Transfer of Common Victualler License from Caterbake, Inc. d/b/a Daily Breads to Mark-Et LLC d/b/a Mark-Et Fine Foods and Bakery for Premises Located at 147 Orange Street, Nantucket. Mr. Kopko moved to approve the transfer of a common victualler license from Caterbake Inc. to Mark-Et LLC as presented; Mr. Willauer seconded. All in favor, so voted. 3. Request for Transfer of Common Victualler License from Nantucket Gourmet Inc. d/b/a Nantucket Gourmet to Nantucket Gourmet Guys, Inc. d/b/a Nantucket Gourmet for Premises Located at 4 India Street, Nantucket. Mr. Chadwick moved to transfer a common victualler license form Nantucket Gourmet Inc. to Nantucket Gourmet Guys, Inc. as presented; Mr. Kopko seconded. All in favor, so voted. 4. Energy Study Committee Member Request for Term Adjustment. Chairman Roggeveen reviewed a request from Energy Study Committee member Barbara Gookin to adjust her term from 2012 to 2011. Mr. Atherton moved to grant the request for term adjustment for Ms. Gookin; Mr. Willauer seconded. All in favor, so voted. VI. TOWN MANAGER’S REPORT 1. Report Regarding FY 2012 Sewer Enterprise Fund Capital Project: Monomoy Sewer Extension. Ms. Gibson noted that Marine Superintendent Dave Fronzuto, Health Director Richard Ray, and Department of Public Works (DPW) Director Jeff Willett are present to review sewer, septic, and the harbor in Monomoy and the need for sewer in this area. She added that the Board has been discussing sewering needs areas over the last several years and that the capital requests for FY 2012 include the Monomoy needs area. Mr. Atherton noted that the project has been reviewed by the Board and the Capital Program Committee and the consensus is that the Monomoy sewer needs area should go first for the health of the harbor and for public health. Mr. Fronzuto reviewed maps and diagrams of the harbor, and recommended that the Monomoy needs area be sewered to reduce nitrogen loading by 95% according to the Nantucket Harbor estuaries report. Chairman Roggeveen noted she would like to know the total number of estimated sewer hook-ups in the Monomoy needs area compared to the Somerset needs area. Discussion among Board members followed regarding requiring sewer connections, betterments, and needs areas. Mr. Ray stated that the Monomoy needs area is very densely populated with 178 septic systems and that all the effluent is moving in the direction of the harbor. Mr. Ray and Mr. Willett answered questions from the Board. Mr. Atherton requested further information regarding the number of sewer connections, the cost of each, expected sewer fees, the number of users, etc. Mr. Chadwick said he supported sewering Monomoy but questioned how it would be paid for. Ms. Gibson said the Board can have a 2 follow-up discussion regarding the financials regarding the Monomoy, Shimmo, and Somerset sewer needs areas, and that they can possibly have Town Counsel draft regulations requiring sewer connections if sewer is available. Mr. Atherton said he supports mandatory sewer connections. Mr. Kopko said he feels the Board needs a comprehensive sewer policy that is equitable and across the board. Mr. Willett noted that a sewer needs area priority list was made based on the number of potential hook-ups, and that Somerset was at the top of the list, but since then zoning changes in the Somerset area have reduced the number of potential hook-ups. He said that Shimmo would be next but that it doesn’t make sense to move forward with Shimmo before addressing Monomoy. Mr. Willett added that 24 homes have still not connected to the Monomoy sewer since the line was extended. Mr. Willett explained that Monomoy is 276 acres of which approximately 218 acres are developed, and that the soils are not conducive to septic systems. He added that approximately 184 septic systems are located within the harbor watershed district. Mr. Willett reviewed Title V septic system performance levels, noting that they do not reduce nutrient loading. Mr. Willett said that he feels that the Board should not move forward until policy issues discussed tonight are settled, because if homeowners are not going to connect there is no sense to extend sewer. Mr. Ray acknowledged property owners with failing septic systems who are caught in the middle while waiting to see if sewer will be installed. Some discussion among Board members followed. Chairman Roggeveen thanked Mr. Willett, Mr. Ray, Mr. Fronzuto, and the Capital Program Committee. Ms. Gibson noted that the Town has engaged an architect to help develop renovation cost scenarios for the old police station building on South Water Street, noting that six design alternatives are currently being reviewed. She stated that it has become evident that they are probably not ready to bring a proposal to the 2011 Annual Town Meeting as long term strategy issues need to be discussed further. Ms. Gibson said she would like a couple of members from the Board, the Finance Committee, and the Capital Program Committee to meet with the architect to review the scenarios. Ms. Gibson briefly reviewed some of the design scenarios. Some discussion followed. VII. SELECTMEN’S REPORTS/COMMENT 1. Review of Draft Ground Lease Agreement with Nantucket Human Services Center, Inc.: Human Services Center Project. As there was no representative from the Human Services Center, Inc. present, Chairman Roggeveen suggested putting this matter on hold, noting she is uncomfortable that the attorney for the Human Services Center, Inc. says their time table is “doomed to fail”. Some discussion among Board members followed. Mr. Kopko said he feels that all elements of the lease with the exception of the time table are ready to go. Mr. Chadwick stated there are still no agreements with the tenants being brought forth as requested by the Board. Chairman Roggeveen said the matter will be postponed until the representatives can be present. 2. Review of 2011 Annual Town Meeting Warrant Articles. Ms. Gibson noted there is nothing new since the Board’s last discussion and that she is in the process of drafting the warrant and the Board will have something to look at next week. She added that the Board is scheduled to adopt the warrant at its 26 January 2011 meeting. Mr. Chadwick recommended that the Board authorize Town Counsel to draft an article authorizing the Town Manager to hire Town Counsel. Mr. Atherton said he doesn’t favor drafting an article as he feels the current system works now and the Charter language is already permissive. Discussion followed among Board members. Chairman Roggeveen said she is in favor of the article being drafted. Following further discussion, Mr. 3 4 Chadwick moved to authorize the Town Manager to have Town Counsel draft a warrant article to allow the Town Manager to hire and fire Town Counsel; Mr. Willauer seconded. Mr. Atherton asked what the Town Manager’s opinion is. Ms. Gibson said the decision is a policy decision of the Board and she will do whatever is decided. Mr. Willauer suggested the Board look at alternatives. Mr. Chadwick moved to charge the Town Manager with discussing with Town Counsel what the current system is, what the alternatives and implications to a change are, and what the vehicle is to change the current system; Mr. Willauer seconded. Further discussion followed. Mr. Chadwick clarified that he moved to have the Town Manager contact Town Counsel to provide an alternative for the hiring and firing of Town Counsel by the Town Manager; Mr. Willauer seconded. So voted 3- 2. Mr. Atherton and Mr. Kopko were opposed. Chairman Roggeveen asked the Board to return the Town Manager evaluations to her by 28 January 2011, noting Ms. Gibson’s contract expires at the end of March 2011. 3. Committee Reports. Mr. Willauer reported on the Energy Study Committee’s recent open meeting at the Maddequet Admiralty Club to review all energy initiatives the Town is proposing to undertake. Mr. Chadwick noted that the new Sheriff, Jim Perelman, was sworn in today and he wished Mr. Perelman well. Mr. Atherton discussed the budget cycle and reminded the Board that an internal committee is supposed to be established regarding roadside vegetation control. VIII. ADJOURNMENT The meeting was unanimously adjourned at 8:10 PM. Approved the 11th day of May, 2011. BOARD OF SELECTMEN 5 JANUARY 2011 – 6:00 PM COURT ROOM, TOWN & COUNTY BUILDING 16 BROAD STREET NANTUCKET, MASSACHUSETTS List of documents used at the meeting: I. 1. Quarterly years of service award recipients III. 1. Draft minutes of 13 December 2010 at 5:00 PM; 15 December 2010 at 6:00 PM III. 3. Pending contracts spreadsheet for 5 January 2011 IV. 1. Town Administration FY 2012 General Fund budget recommendations dated 8 December 2010 V. 1. Letter from Nantucket Town Association, re: Broad Street improvements; letter from Nantucket Community Association, re: gift trees V. 2. Letters from Mark Yelle and Elizabeth Holland, re: transfer of Common Victualler license from Daily Breads to Mark-Et Fine Foods and Bakery; CV transfer of license application; copy of current Daily Breads CV license V. 3. CV transfer of license application, re: Nantucket Gourmet; letter from Jonathan Stone; copy of current Nantucket Gourmet CV license V. 4. Email fro Barbara Gookin, re: request for term adjustment VI. 1. Memo from Richard Ray, re: Monomoy/Shimmo sewer needs area; maps; memo from Jeff Willett, re: Monomoy sewer needs area with attachments; letter and email from SHAB; summary of present septic system loads VII. 1. Email from Town Counsel, re: Nantucket Human Services Center, Inc.; copy of Board minutes of 9/15/2010; cover letter from Nantucket Human Services Center, Inc. and draft ground lease agreement