HomeMy WebLinkAboutBoard of Selectmen Minutes January 19, 2011_201402061649126041BOARD OF SELECTMEN
Minutes of the Meeting of 19 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, Patricia Roggeveen, and Whiting Willauer. Michael Kopko was absent.
Chairman Roggeveen called the meeting to order at 6:01 PM.
I. ANNOUNCEMENTS
1. Town Manager C. Elizabeth Gibson announced there will be a UMass Dartmouth SMAST
(School for Marine Science and Technology) Madaket and Long Pond Estuaries Draft Report
Presentation on Thursday, 27 January 2011 at 5:00 PM for the Board of Selectmen; and at 6:00
PM for the public at the Nantucket High School Cafeteria.
2. Ms. Gibson asked that agenda item IV. 4. be taken off the agenda as it can be dealt with
administratively. The Board consensus was to remove this matter from the agenda.
II. PUBLIC COMMENT
None.
III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Payroll Warrant for Week Ending 16 January 2011. The payroll warrant for week
ending 16 January 2011 was approved by the unanimous consent of the meeting.
2. Approval of Treasury Warrant 19 January 2011. The treasury warrant for week ending 19
January 2011 was approved by the unanimous consent of the meeting.
3. Approval of Pending Contracts for 19 January 2011. Ms. Gibson reviewed the various pending
contracts. The pending contracts for 19 January 2011 were approved by the unanimous consent of
the meeting.
IV. CITIZEN/DEPARTMENTAL REQUESTS
1. The Nature Conservancy: Request for Approval of Conservation Restriction to be Held by The
Nature Conservancy for Portion of Land Located on Tuckernuck Island (Tabled from 12 January
2011). Matthew Pelikan of The Nature Conservancy was present and answered questions from the
Board on the proposed conservation restriction (CR). Mr. Chadwick asked what the public benefit
of the CR is when the public is not allowed on the property. Mr. Pelikan explained that the property
is land-locked and even if access is a Board request, it has not been granted by the surrounding
abutters. He added there is also a presence of rare species and habitat on the property. Mr.
Willauer moved to approve the CR as presented; Mr. Atherton seconded. So voted 3-1. Mr.
Chadwick was opposed.
2. Town Clerk: Request for Reappointment of Registrar of Voters. Ms. Gibson reviewed the Town
Clerk’s request for David Goodman to be reappointed as Registrar of Voters, noting Mr.
Goodman’s term would expire 31 March 2014. Mr. Willauer moved to approve the request as
presented; Mr. Atherton seconded. So voted 4-0.
3. Town Administration: Solar Farms and Proposed Madaket Wind Turbine Updates. Assistant
Town Manager Gregg Tivnan briefly reviewed the Town’s two alternative energy projects: the
1
proposed Madaket wind turbine and four different solar projects around the Island. Mr. Tivnan
introduced presenters George Aronson of CommonWealth Resource Management; Kevin Schulte
of Sustainable Energy Developments; Simon Thomas of Atlantic Design; and Robert Patterson of
W. Robert Patterson and Associates. Mr. Aronson stated there are two aspects of the proposed
Madaket wind turbine: the economics and value to the Town, and the careful consideration of all
impacts of the turbine, noting that impact studies are currently underway. Mr. Schulte said three
potential locations are being reviewed on the landfill site for a wind turbine and two different
kilowatt turbines are being contemplated. He added that the turbine will be similar to the one at the
Nantucket High School but significantly larger. Mr. Schulte said that wind power is right for
Nantucket because there is ample wind speed, good siting, and environmental benefits. He added
that the total project investment will be between $3.5 million and $6.6 million, the projected lifetime
electricity savings will be between $8 million and $16 million, and there is an anticipated six to
seven year payback. Mr. Aronson noted that both possible towers are less high than the old radio
tower that was recently taken down. Mr. Aronson, Mr. Schulte, and Mr. Thomas answered
questions from the Board and audience members. Mr. Tivnan noted there is a new energy website:
www.ackenergy.org and that there will be a public meeting on Monday, 31 January 2011 at 4:00
PM at the Maddequet Admiralty Club to discuss the proposed wind turbine. Mr. Patterson reviewed
the four proposed solar farm projects to be located at the Surfside Wastewater Treatment Facility,
the Airport, Wannacomet Water, and the North Pasture water tower site. He reviewed the size of
the solar projects, annual kilowatts, and proposed 2012 savings. Mr. Patterson said the benefits of
the solar projects include a zero capital commitment from the Town, low cost electricity, a short
implementation timetable, and long-term stable pricing. He reviewed the solar projects impact on
the Town’s energy budget, contracting documents, and a schedule. Mr. Patterson answered
questions from the Board. Mr. Willauer asked whether enterprise funds can sell back electricity to
the Town and inquired about net metering. Some discussion followed.
4. Historic District Commission: Request for Legal Representation Regarding HDC Appeal. This
matter was taken off the agenda.
V. TOWN MANAGER’S REPORT
1. Landfill Operations Update with Landfill Operator (Waste Options). Solid Waste consultant
George Aronson gave an update on initiatives the Town is working on with Waste Options
Nantucket (WON). He reviewed the various lined landfill cells and the current status of each, and
reviewed initiatives that the Town has undertaken to reduce solid waste costs. Mr. Aronson
reviewed why the Town is mining the landfill and what the potential cost could be to cap and close
the landfill. He noted that per the amended Administrative Consent Order with the Department of
Environmental Protection, the landfill capping has been deferred to 2015 at this time, and materials
are currently being generated from mining which can be used to construct a new lined landfill cell.
Mr. Aronson recommended that the Town continue its landfill mining program and designate
recovered materials for future cell construction and closure and prepare to develop a new landfill
cell possibly in FY 2013. Mr. Aronson answered questions from the Board.
2. Review of Proposed 2011 Beach Map. Ms. Gibson noted that the Board is asked to review the
Town beach map for the upcoming year on an annual basis. Beach Manager Jeff Carlson reviewed
the new map for 2011, noting the Nantucket Conservation Foundation alerted him that Eel Point is
closed due to erosion but interior roads can be used. The Board consensus is that the map is
acceptable as presented. Mr. Chadwick asked for the Board’s permission to speak with a beach
2
front property owner to address concerns he had submitted in writing to see if a compromise can
be reached on the South Shore regarding a time change for beach driving. The Board consented to
Mr. Chadwick’s request. Ms. Gibson noted that a time change to the beach map will require a
public hearing. Chairman Roggeveen stated that if the issue is not resolved within two weeks Mr.
Carlson can go forward with the beach map as presented.
VI. PUBLIC HEARINGS
1. Public Hearing to Consider Application for New Seasonal All-Alcoholic Beverages Package
Store License for A.C.D.C. Promotions LLC d/b/a Epernay, David V. Cantella, Manager, for
Premises Located at 1 North Beach Street, Nantucket. Chairman Roggeveen opened the public
hearing. Epernay co-owner Amber Cantella reviewed the request and spoke in favor of the
application. Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to approve a
new seasonal all-alcoholic beverages package store license for Epernay as presented; Mr.
Willauer seconded. So voted 4-0.
2. Public Hearing to Consider Application for Alteration of Premises of Seasonal All-Alcoholic
Beverages Restaurant License for Donald DeMarco d/b/a DeMarco Restaurant – The Inn House,
Donald DeMarco, Manager for Premises Located at 9 India Street, Nantucket. Chairman
Roggeveen opened the public hearing. Attorney Bill Hunter, representing the applicant, spoke in
favor of the application, noting the request is to allow for outdoor dining service from 6:00 to 9:30
PM, limited to 20 seats, and covered with a canvas awning with sides. He added that the Zoning
Board of Appeals (ZBA) did issue a special permit for this use. Chairman Roggeveen closed the
public hearing. Mr. Atherton moved to approve the application for alteration of the seasonal all-
alcoholic beverages restaurant license for DeMarco Restaurant, with the incorporation of the ZBA
conditions into the license; Mr. Chadwick seconded. So voted 4-0.
3. Board of Selectmen/Board of Sewer Commissioners: Public Hearing to Discuss Possible
Amendments to Town Sewer District Pursuant to Section 10 of the Nantucket Sewer Act. Chairman
Roggeveen opened the public hearing. Ms. Gibson reviewed the process for adding properties into
the Town Sewer District, noting three citizen warrant articles have been submitted for the 2011
Annual Town Meeting warrant relating to the Town Sewer District. With regard to these, Planning
Director Andrew Vorce stated that the Nicholson/Monomoy article has been recommended for
inclusion in the Town Sewer District, but more information is required from Canty and McGowan to
continue ranking their warrant articles. Mr. Vorce added that he will be submitting a fourth article to
include into the district for the Island Lumber property on Polpis Road.
At 7:57 PM Mr. Willauer left the meeting.
Terry Kelly asked questions on the review criteria and spoke in favor of the McGowan/Hummock
Pond Road article.
At 8:00 PM Mr. Willauer returned to the meeting.
Mr. Vorce requested the Board continue the public hearing to a date certain to allow more time to
compile additional information. Chairman Roggeveen suggested 2 February 2011. Mr. Chadwick
moved to continue the public hearing to 2 February 2011; Mr. Atherton seconded. So voted 4-0.
3
4
VII. SELECTMEN’S REPORTS/COMMENT
1. Review of 2011 Annual Town Meeting Warrant Articles. Ms. Gibson noted that regarding the
proposed Home Rule Petition concerning health insurance plan design, Town Counsel informed
her that no other town besides Lowell is known to be pursuing such an initiative. She reviewed
other articles, noting she is waiting on further information on some of them. Mr. Vorce reviewed
real estate and zoning warrant articles. Housing Planner Susan Witte reviewed an article regarding
a language amendment for the Affordable Housing Trust Fund. Mr. Atherton noted he spoke
against the amendment as a member of the Affordable Housing Trust. Mr. Vorce said the
amendment is an opportunity to allow for the creation of affordable housing using existing houses.
Some discussion followed. Mr. Atherton said he does not support the language that eliminates a
NP&EDC member from the Capital Program Committee bylaw. Ms. Gibson said she is getting
feedback from the Capital Program Committee on this matter.
2. Adoption of FY 2012 General Fund Budget Recommendation. Ms. Gibson reviewed the FY
2012 Free Cash recommendation. Mr. Chadwick moved to adopt the FY 2012 General Fund
budget as recommended by the Town Manager; Mr. Atherton seconded. So voted 4-0. Ms. Gibson
noted that the budget is scheduled to be presented to the Finance Committee on Monday, 24
January 2011 and suggested the Board be present.
3. Committee Reports. None.
VIII. ADJOURNMENT
The meeting was unanimously adjourned at 8:46 PM.
Approved the 18th day of January, 2012.
BOARD OF SELECTMEN
19 JANUARY 2011 – 6:00 PM
COURT ROOM, TOWN & COUNTY BUILDING
16 BROAD STREET
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
III. 1. Pending contracts spreadsheet for 19 January 2011
IV. 1. Email from Erika Mooney, re: conservation restriction documents; letter from attorney
Martin Healy; email from Matthew Pelikan with map of restriction area
IV. 2. Letter from Town Clerk, re: reappointment of David Goodman as Registrar of Voters
IV. 3. Sustainable Energy Developments wind turbine presentation; Robert Patterson solar
projects presentation
IV. 4. Memo from HDC, re: Land Bank appeal of HDC decision
V. 1. Landfill mining program presentation
V. 2. Proposed 2011 Nantucket Beach Map; email from Beach Manager
VI. 1. Cover letter from Epernay; ABCC application
VI. 2. Cover letter from Town Licensing Agent; cover letter from DeMarco Restaurant; ABCC
application; emails from Licensing Agent, Zoning Enforcement Officer, Zoning Board of
Appeals administrator
VI. 3. Citizen warrant articles from Canty/Cato Ln; Nicholson/Monomoy; McGowan/Hummock
Pond; memo from Health Director, Planning Director, DPW Director, re: extension of sewer
district; email from Planning Director; Chapter 396 of the Acts of 2008
VII. 1. None.
VII. 2. Town Administration FY 2012 General Fund budget recommendations presentation