HomeMy WebLinkAboutBoard of Selectmen Minutes June 15, 2011_201402061649131822BOARD OF SELECTMEN
Minutes of the Meeting of 15 June 2011. The meeting took place in the Public Safety Facility
Community Room, 4 Fairgrounds Road, Nantucket, MA 02554. Members of the Board present were
Rick Atherton, Robert DeCosta, Michael Kopko, Patricia Roggeveen, and Whiting Willauer. Chairman
Atherton called the meeting to order at 6:27 PM following a meeting of the NRTA Advisory Board.
I. BOARD ACCEPTANCE OF AGENDA
The Board unanimously accepted the agenda as presented.
II. ANNOUNCEMENTS
1. Assistant Town Manager Gregg Tivnan reviewed the results of the 14 June 2011 Special Town
Election, noting all but the mosquito control appropriation were defeated. Mr. Tivnan said the funds are
meant to help establish a comprehensive mosquito control program. Health Director Richard Ray said
the goal is to establish a Nantucket mosquito control project, but said it most likely will not be put into
effect for the 2011 season, due to timing.
2. Mr. Tivnan reviewed the 2011 committee/board/commission vacancies, noting that the 2011 timeline,
list of committee openings, current committee membership list, and applications are all available on the
Town’s website (www.nantucket-ma.gov).
3. Annual committee appointments have been rescheduled from 22 June 2011 to 6 July 2011.
4. There will be no Board of Selectmen meeting on Wednesday, 29 June 2011 as it is the fifth
Wednesday of the month.
Mr. DeCosta said the negative vote on the sewer ballot question, which would have placed up to 66%
of the debt service for the recent upgrades to the Surfside and Siasconset Wastewater Treatment
Facilities onto the taxpayers, sent a “strong message” to the Board. Ms. Roggeveen said she feels the
community “got confused” on the issues and said she was disappointed that the civic associations got
involved with a negative campaign. Mr. Kopko said he feels the Board did not do its job with public
outreach and education regarding the Special Town Election articles.
III. PUBLIC COMMENT
1. Dan Drake, chair of the Linda Loring Nature Foundation, spoke in opposition to pending legislation to
allow hunting on Sundays, and noted he sent an opposition letter to the state and copied the Board on
it.
IV. NEW BUSINESS
None.
V. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Minutes of 25 May 2011 at 6:00 PM. The minutes were approved by the unanimous
consent of the meeting.
2. Approval of Payroll Warrant for Week Ending 12 June 2011. The payroll warrant for week ending 12
June 2011 was approved by the unanimous consent of the meeting.
3. Approval of Treasury Warrant for 15 June 2011. The treasury warrant for 15 June 2011 was
approved by the unanimous consent of the meeting.
1
4. Approval of Pending Contracts for 15 June 2011. Mr. Tivnan reviewed the various pending contracts
and answered questions from the Board, noting the Health and Human Services contracts have been
“rolled over” into FY 2012 with the exception of two. Pamela Meriam, Director of Human Services,
explained that two changes were approved at the 2011 Annual Town Meeting, resulting in $5,000 being
reallocated from the Nantucket Aids Network and being transferred to Elder Services. The pending
contracts for 15 June 2011 were approved by the unanimous consent of the meeting.
VI. PUBLIC HEARINGS
1. Public Hearing to Consider Petition for National Grid Plan # 10521764 to Install Approximately 65’ of
1-3” Duct and Handhole in the Public Way off P10 to 36 Burnell Street. Chairman Atherton opened the
public hearing. National Grid engineer Steve Bretton spoke in favor of the petition, noting National Grid
will bore under Burnell Street rather than cutting in to it. Chairman Atherton closed the public hearing.
Mr. DeCosta moved to approve the petition for plan # 10521764 as presented; Ms. Roggeveen
seconded. All in favor, so voted.
2. Public Hearing to Consider Petition for National Grid Plan # 10780038 to Install Underground
Secondary Conduit to Feed Handhold (HH Private Property) to 29 Jefferson Avenue. Chairman
Atherton opened the public hearing. Mr. Bretton reviewed the petition, noting National Grid would like to
open Jefferson Avenue as that is the location of the underground cables to the mainland, and they
don’t want to hit them by boring underground. Chairman Atherton closed the public hearing. Mr.
DeCosta moved to approve the petition for plan # 10780038 as presented; Ms. Roggeveen seconded.
All in favor, so voted.
3. Public Hearing to Consider Renewal of License Application for Private Shellfish Grant for Steve
Bender. Chairman Atherton opened the public hearing.
Ms. Roggeveen left the meeting at 6:48 PM and did not return.
Marine Superintendent Dave Fronzuto reviewed the private shellfish grant application, noting this would
extend Steve Bender’s current lease for ten years. Mr. Fronzuto spoke in favor of the application.
Chairman Atherton closed the public hearing. Mr. Fronzuto answered questions from the Board. Mr.
DeCosta moved to approve the renewal of the license application for Steve Bender as requested; Mr.
Kopko seconded. So voted 4-0.
4. Public Hearing to Consider License Application for Private Shellfish Grant for Theodore Lambrecht.
Chairman Atherton opened the public hearing. Mr. Fronzuto reviewed the private shellfish grant
application, noting this is a new application for a previously approved location. Chairman Atherton
closed the public hearing. Mr. Fronzuto answered questions from the Board, noting that the grant is for
three acres and an initial three-year term. Mr. DeCosta moved to approve the license application for
Theodore Lambrecht as requested; Mr. Kopko seconded. So voted 4-0.
5. Public Hearing to Consider Application for New Entertainment License for Devan’s, Inc. d/b/a Arno’s
at 41 Main Street, Christopher Morris, Manager, for Premises Located at 41 Main Street. Chairman
Atherton opened the public hearing. Mr. Kopko recused himself from the matter, noting his daughter is
employed at Arno’s. Chris Morris spoke on behalf of the application and reviewed the intent of the
entertainment license, noting he is not looking to be a nightclub. Mr. Morris answered questions from
the Board. Chairman Atherton closed the public hearing. Mr. Morris said the windows will be closed and
the air conditioning will be on. Mr. DeCosta moved to approve a new entertainment license for Arno’s at
2
41 Main Street as presented; Mr. Willauer seconded. So voted 3-0.
Attorney Steven Cohen asked that the public hearing regarding Three Martins Lane LLC be continued.
John Giorgio of Town Counsel’s office recommended that the public hearing be opened and continued
to a date certain. Mr. Kopko suggested that the Board wait to take any action until the agenda item
comes up. The Board consensus was to wait until the matter comes up on the agenda.
6. Public Hearing to Consider Application for Public Assembly Permit for Nantucket Historical
Association Community Premiere of Film “Nantucket” to be Held 2 July 2011 at Children’s Beach.
Chairman Atherton opened the public hearing.
Mr. DeCosta left the meeting at 7:02 PM.
Marjan Shirzad of the Nantucket Historical Association (NHA) spoke in favor of the public assembly
permit, noting Ric Burns, brother of Ken Burns, directed the NHA’s film “Nantucket”.
Mr. DeCosta returned to the meeting at 7:04 PM. Mr. Kopko recused himself from this matter.
Ms. Shirzad answered questions from the Board, noting the NHA estimates attendance at the film
premiere at 500-600 people, and said that the NHA is working with the Police Department on security.
Police Chief William Pittman said attendance of 500-600 people is “news to him” and the Police
Department will need more than two officers. He said the Police Department will have to “go back to
square one” reviewing the application. Mr. DeCosta voiced concern about how the event will affect the
Town boat ramp, especially with it being Fourth of July weekend. He said he does not want to see it
closed. Chief Pittman said he feels the event can work as long as the NHA complies with staffing and
things such as porta-potties. He said he recommends approval conditional on an event meeting this
week. Mr. Fronzuto said he is also concerned about the boat ramp. Mr. Tivnan acknowledged that the
number of attendees has been on the application throughout the entire process, and said that it can be
addressed at the event meeting. Chairman Atherton closed the public hearing. A discussion followed
on crowd control and keeping Harbor View Way open. Mr. DeCosta suggested the NHA change the
date of the event, otherwise he cannot support the event. Some discussion followed. Mr. DeCosta
moved to continue the public hearing to 22 June 2011; Mr. Willauer seconded. So voted 3-0. Chairman
Atherton encouraged the NHA to work with Town staff to address concerns. Mr. Tivnan said he will
organize a staff event meeting this week.
7. Public Hearing to Consider Application for Public Assembly Permit for 2011 Iron Man Race to be
held on 26 June 2011. Chairman Atherton opened the public hearing. Mr. Tivnan said there are
considerable changes to the Iron Man race this year due to nesting piping plovers on Coatue. Big
Brothers Big Sisters director David Zieff reviewed the application and spoke in favor of the event, noting
that this is the 31st consecutive year for the event. He added that Coatue is not part of the race this year
and the race is scheduled to start two hours earlier than usual. Mr. DeCosta asked if the boat ramp will
be closed and if traffic will be affected, noting he is concerned that people won’t be able to trailer their
boats and load/off-load their boats. Mr. Tivnan clarified that the only street closures scheduled are for
Daves Street and Bathing Beach Road. Mr. Zieff answered questions from the Board. Mr. Fronzuto said
the event on the water-side is significantly different but it did benefit from an event planning meeting
and many issues have been addressed. Chairman Atherton closed the public hearing. Mr. DeCosta
moved to approve the public assembly permit for the 2011 Iron Man Race; Mr. Kopko seconded. So
voted 4-0.
3
8. Public Hearing to Consider Appeal of Three Martins Lane LLC of Historic District Commission
Disapproval of Certificate of Appropriateness No. 56434 for Property Located at 3 Martins Lane.
Chairman Atherton opened the public hearing. Attorney Steven Cohen, representing the appellant,
requested that the Board continue the public hearing to 6 July 2011 or when a full board is present.
Historic District Commission chair David Barham said he has no objection to a postponement but said
he feels a new public notice should be issued. HDC Administrator Mark Voigt said he would like to
recognize the abutters present. Mr. Kopko said he is disappointed in the request and the earliest he
can anticipate the matter being heard is 20 July 2011. He added that the Town should issue a notice of
a continued public hearing date. Mr. Cohen said his client will pay for readvertisement. Mr. DeCosta
moved to continue the public hearing to 20 July 2011 and that the meeting will be readvertised at the
cost of the appellant; Mr. Kopko seconded. So voted 4-0.
9. Public Hearing to Consider Establishing Pedicab Regulations for the Town of Nantucket. Chairman
Atherton opened the public hearing. Chairman Atherton noted the Board has considered pedicab
regulations previously and that at least three members wished to discuss the matter again and he said
he feels the Town would be better off having regulations in place. Tom Landry said he feels pedicabs
should be regulated like a taxi. Mr. Kopko said he is in favor of enacting pedicab regulations based on
Town Counsel’s recommendation. Chairman Atherton closed the public hearing. Mr. DeCosta moved to
adopt the proposed pedicab regulations with two pedicab owner licenses available per year and to
adopt a pedicab service area map as presented (outlined in blue); Mr. Kopko seconded. So voted 4-0.
VII. TOWN MANAGER’S REPORT
1. Town Administration: Request for Approval of FY 2011 Year End Budget Transfers. Assistant
Finance Director Irene Larivee reviewed the FY 2011 year end budget transfers. Mr. Kopko said that
many transfers are being made from salary line items to non-salary line items and asked why. Ms.
Larivee answered questions from the Board.
Mr. Willauer left the meeting at 7:52 PM; he returned at 7:54 PM.
Chief Pittman said regarding the police budget transfers, no items had been planned to be purchased
at the beginning of the fiscal year but that items needed came up throughout the year. Mr. Kopko said
he feels departments are “spending money to spend it” Chairman Atherton said it sounds like “use it or
lose it”. Chief Pittman said if the Police Department does not get the items now it won’t be able to
request them again until FY 2013.
Mr. Willauer left the meeting at 8:02 PM; he returned at 8:05 PM. Mr. Tivnan said it is time to scrutinize
the budget and decide what would be nice to have versus what is needed. Chairman Atherton noted
that the transfers also need to be approved by the Finance Committee. Ms. Larivee said the Finance
Committee is reviewing the budget transfers tomorrow. She reviewed further items. Mr. Kopko said he
would like to see further detail on large expenditures from Our Island Home and the Police Department.
Some discussion followed. Mr. DeCosta moved to approve the FY 2011 budget transfers with the
exception of Our Island Home and the Police Department which will be addressed at the Board’s 22
June 2011 meeting; Mr. Kopko seconded. So voted 4-0.
2. Town Administration: Review of Financial Policies. Mr. Tivnan clarified that the Board is reviewing
various financial policies tonight, but no action is being requested. He added that the policies, which
include accounting and financial reporting, reserves, use of one time revenue sources, and user fees
and charges, have been reviewed by the auditor and Mark Abrahams, and that the Finance Committee
4
5
will be reviewing them as well. Ms. Larivee answered questions from the Board. Some discussion
followed.
3. Monthly Update Regarding Resolution to FY 2010 Audit Issues. Mr. Tivnan noted members of the
Finance Department present at tonight’s meeting. He said that he has spoken with Renee Davis of
Powers and Sullivan, the Town’s auditors, who expressed to him that she has confidence in the strides
the Town has been making and she said that the Town’s cash reconciliations are in good shape. Ms.
Larivee reviewed the Finance Department’s progress regarding resolution to the FY 2010 audit issues
since May.
VIII. SELECTMEN’S REPORTS/COMMENT
1. Discussion Regarding Biodegradable Packaging Regulations. Health Director Richard Ray stated
that Nantucket started recycling in the late 1980s and at that time looked into biodegradable packaging
efforts. He said that a biodegradable packaging work group was created which proposed regulations
that were later enacted, but the group was disbanded by the Board in the late 1990s. Mr. Ray said he
has developed new regulations which have been vetted by Town Counsel, in response to non-
biodegradable litter found around Town. He said the proposed regulations will be presented to the
Board of Public Works and will include fines and enforcement. Mr. Ray said he proposes for the Board
of Public Works to adopt the regulation by 1 January 2012 to bring the Town into compliance for next
year. Mr. DeCosta said he would like to see specific examples of biodegradable products, adding he
feels restaurants and bars should be required to return their bottles for redemption. He added that he is
concerned about the cost of biodegradable packaging. Mr. Ray said a public hearing regarding the
proposed new regulations will be scheduled in the future and will be advertised.
2. Committee Reports. Mr. Kopko asked Mr. Tivnan to report on Nantucket Community Television as he
was unable to attend the last meeting. Mr. Tivnan said the meeting was sparsely attended but a lease
was approved by the NCTV board for office space on North Beach Street; the purchase of equipment
was also approved in order to get the public, educational, and government (PEG) access channel up
and running quickly. He said the finances are looking strong and NCTV will be advertising for a
temporary director/project manager soon. Mr. DeCosta reported that he has met with Transportation
Planner Mike Burns to discuss downtown parking and a proposal is being developed to present to the
Board. He added that he has been approached by several valet parking companies including Nantucket
Valet, and that the Board needs to work out how to move forward. Mr. Willauer noted that many
stakeholders were present at a recent wastewater action plan meeting. He also reported that the Flotilla
at U.S. Coast Guard Station Brant Point has been named the best in the district and the best in New
England. He also announced that Senior Chief TJ Malvesti will be moving on and a change of
command ceremony is scheduled for 30 June 2012.
IX. ADJOURNMENT
The meeting was unanimously adjourned at 8:52 PM.
Approved the 4th day of April, 2012.
BOARD OF SELECTMEN
15 JUNE 2011 – 6:00 PM
PUBLIC SAFETY FACILITY COMMUNITY ROOM
4 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
V. 1. Draft minutes of 25 May 2011 at 6:00 PM
V. 4. Pending contracts spreadsheet for 15 June 2011
VI. 1. Cover letter from National Grid, re: Burnell Street; petition; plan; emails from DPW,
National Grid, Police Dept., Wannacomet Water
VI. 2. Cover letter from National Grid, re: Jefferson Avenue; petition; plan; emails from Planning,
DPW, Fire Dept., Police Dept., Wannacomet Water
VI. 3. Memo from Marine Superintendent, re: Bender aquaculture permit renewal; letter from
SHAB
VI. 4. Memo from Marine Superintendent, re: Lambrecht aquaculture grant; letter from SHAB
VI. 5. Cover letter from Arno’s at 41 Main Street; entertainment license application; copy of MGL
Chapter 140, section 181.
VI. 6. Cover letter from Nantucket Historical Assn, re: film premiere; public assembly permit
application
VI. 7. Public assembly permit application for Big Brothers Big Sisters Iron Teams Relay; course
maps; transition legs
VI. 8. HDC Appeals procedure; Cover letter from Steven Cohen, re: 3 Martin’s Lane; HDC
minutes of 26 April 2011; Certificate of Appropriateness; Superior Court Summary
Judgment; Memo from HDC dated 8 June 2011 with HDC file information re: 3 Martin’s
Lane; letter from Steven Cohen dated 10 June 2011; email from Betsy Higgins
VI. 9. Email from Town Counsel; proposed service route; draft pedicab regulations
VII. 1. FY 2011 year end budget transfers spreadsheet
VII. 2. Draft Financial Reserves Policy; draft Financial Accounting Policy and Process; draft Use
of One-time Financial Resources Policy; Draft User Fees and Charges Policy
VII. 3. Memo from Assistant Finance Director, re: Finance Department progress – May 2011;
combined timeline
VIII. 1. Memo from Health Director, re: proposed biodegradable packaging regulations; draft
regulations; Board of Public Works Regulation # 71.00 (Biodegradable Packaging
Regulation)
VIII. 2. Nantucket Valet business plan