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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