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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