HomeMy WebLinkAboutBoard of Selectmen Minutes March 9, 2011_2014020616491340101
BOARD OF SELECTMEN
Minutes of the Meeting of 9 March 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 6:01 PM.
I. ANNOUNCEMENTS
1. The UMass Dartmouth SMAST (School for Marine Science and Technology) will present its
Madaket and Long Pond Estuaries report on Tuesday, 15 March 2011 at 5:00 PM for the Board of
Selectmen; and 6:00 PM for the public, at the Public Safety Facility Community Room, 4
Fairgrounds Road.
2. The 2011 Annual Town Meeting starts Monday, 4 April 2011 at 6:00 PM at Nantucket High
School and the Annual Town Election is on Tuesday, 12 April 2011 with polls open from 7:00 AM to
8:00 PM at Nantucket High School.
II. PUBLIC COMMENT
1. Richard Cooper noted his concern over Department of Public Works Director Jeff Willett’s recent
passing and the possibility of a link with other DPW employees who have passed away.
III. NEW BUSINESS
None.
Chairman Roggeveen noted that agenda item VIII. 2. will be heard before section V.; that item V. 4
has been removed from the agenda; and that items VI. 1 and VI. 2. have been continued to 23
March 2011 per the request of the appellant and the Historic District Commission.
IV. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Payroll Warrant for Week Ending 6 March 2011. The payroll warrant for week ending
6 March 2011 was approved by the unanimous consent of the meeting.
2. Approval of Treasury Warrant for 9 March 2011. The treasury warrant for 9 March 2011 was
approved by the unanimous consent of the meeting.
3. Approval of Pending Contracts for 9 March 2011. Ms. Gibson reviewed the various pending
contracts and answered questions from the Board. Mr. Willauer recused himself from the vote. A
discussion followed regarding the Woodward and Curran contract and the proposed Madaket
wastewater system. Mr. Chadwick moved to approve the pending contracts for 9 March 2011; Mr.
Atherton seconded. So voted 4-0.
VIII. SELECTMEN’S REPORTS/COMMENT
2. Preliminary Review of Board of Selectmen Comments to 2011 Annual Town Meeting Warrant
Articles: a) Article 33 – Soverino/Sewer Debt; b) Article 45 – Appropriation for Madaket Wind
Turbine(s); Review of Finances and Procurement; c) Article 113 – Industrial Land/Real Estate
Disposition. a) Chairman Roggeveen noted that Town Counsel has drafted a resolution for Article
33 to allow the matter to be considered in two phases, not to be implemented until fiscal year 2013,
which gives the Town flexibility regarding the application of tax revenue and sewer privilege fees.
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Mr. Atherton added that the Board is asking Town Meeting voters for a debt exclusion override to
allow the tax base to pay up to two-thirds of the debt service for the Surfside and Sconset
wastewater treatment facilities, noting that if money comes in from sewer privilege fees for the
Surfside Wastewater Treatment Facility, than less will be required of the tax base. Discussion
followed among Board members. Mr. Willauer asked if mandatory sewer connections come into
play. Health Director Richard Ray explained that requiring mandatory connections does not require
a vote of the new Board of Health, as there is a current regulation that requires sewer connections
where they are available. He added that the Health Department will be enforcing that regulation in
the near future. Ms. Gibson noted that there is a draft Finance Committee motion for Article 33
which is scheduled to be adopted tomorrow. Discussion followed on the language. Ms. Gibson said
she will forward the proposed language to Town Counsel for review. Following further discussion,
Mr. Kopko said he feels the Board’s intent needs to be incorporated into the motion. b) George
Aronson reviewed a summary of the economics and risks of the proposed Madaket wind turbine
project, noting the current proposal is to erect two 900 kW wind turbines. He reviewed revenue
sources and associated costs, noting that revenues are expected to exceed expenses in the first
year by $926,000 which can be used to pay down the debt service. He added that the project is
estimated to generate an average of $400,000 per year in lower electricity bills and Renewable
Electricity Certificates (REC) sales. Mr. Aronson reviewed the risks involved with the project as well
as risk mitigation plans, and answered questions from the Board. Mr. Aronson said that staff is
recommending to take no action on Article 45 at the 2011 Annual Town Meeting, noting that there
are some matters in flux which need resolution. Mr. Kopko said not moving forward with this article
will give the Town time to learn from Falmouth’s experience with its wind turbine projects.
At 7:01 PM Mr. Willauer left the meeting.
It was the Board consensus to recommend a motion for the Finance Committee to take no action
on Article 45. c) Chairman Roggeveen said she feels Article 113 relating to the lease of Town
property near the Airport is a premature at this time.
At 7:04 PM Mr. Willauer returned to the meeting.
Chairman Roggeveen said the subject land is very valuable and it would be better to retain it and
possibly lease it in the future. The Board consensus was to recommend a motion for the Finance
Committee to take no action on Article 113. Some discussion followed among Board members
regarding real estate articles concerning the Airport and the Delta Fields.
V. CITIZEN/DEPARTMENTAL REQUESTS
1. Resignation: Agricultural Commission. Chairman Roggeveen noted that Karen Alence has
submitted her resignation from the Agricultural Commission. Mr. Kopko moved to accept Ms.
Alence’s resignation and to send her a letter of thanks for her service; Mr. Atherton seconded. All in
favor, so voted.
2. Cinco LLC: Request for Acceptance of Seasonal All-Alcoholic Beverages Restaurant License
Surrender. Mr. Chadwick moved to accept the surrender of Cinco’s seasonal all-alcoholic
restaurant license; Mr. Atherton seconded. All in favor, so voted.
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3. Link Permitting and Design: Request for Approval of Curb Cut at 2 Martins Lane Resulting in
Elimination of Parking Space. Victoria Wilson of Link Permitting reviewed the request for a curb cut
for 2 Martins Lane which would result in the elimination of one parking space. She answered
questions from the Board. Mr. Atherton noted that although the address is 2 Martins Lane, the
parking space to be eliminated would be on Orange Street. Assistant Department of Public Works
Director Mohamed Nabulsi clarified that the Board is only approving the elimination of a parking
space, noting that the curb cut application still needs to be reviewed and approved by the DPW.
Following some discussion, Mr. Willauer moved to approve the elimination of a parking space
associated with a curb cut application at 2 Martins Lane; Mr. Chadwick seconded. All in favor, so
voted.
VI. PUBLIC HEARINGS
1. Public Hearing to Consider Appeal of Nantucket Islands Land Bank of Historic District
Commission Disapproval of Certificate of Appropriateness No. 55822 for Property Located at 30B
Washington Street, Nantucket, MA (Continued from 23 February 2011). Mr. Atherton moved to
continue the public hearing to 23 March 2011; Mr. Kopko seconded. All in favor so voted.
2. Public Hearing to Consider Appeal of Nantucket Islands Land Bank of Historic District
Commission Disapproval of Certificate of Appropriateness No. 55823 for Property Located at 30
Mizzenmasts, Nantucket, MA (Continued from 23 February 2011). Mr. Atherton moved to continue
the public hearing to 23 March 2011; Mr. Kopko seconded. All in favor so voted.
VII. TOWN MANAGER’S REPORT
1. Surfside-area Roads Update Regarding Takings, Repair, Reconstruction. Ms. Gibson noted that
the Surfside-area roads were last discussed by the Board on 16 February 2011. She reviewed
issues and options and noted that the Finance Committee has voted a motion to take no action on
Article 35 of the 2011 Annual Town Meeting, which was meant to be an appropriation for the
construction and takings of the various Surfside-area roads. She said that Article 36, which
authorizes the taking of the roads, has no funding source identified. Ms. Gibson noted that the
Finance Committee is waiting to make its motion on this article until it has been discussed by the
Board, but that the Finance Committee did discuss the ramifications of a positive motion for Article
36. She added that the Finance Committee discussed authorizing the Board to take the roads
without a funding source, but that would be non-binding. Ms. Gibson said that Town Meeting
cannot legally take any action on any road takings unless the Board has already put forth and
adopted a road layout; she noted this has not been done. Ms. Gibson stated she has spoken with
Town Counsel at length on this matter and has been advised that the Town Code prohibits repairs
to private roads without the consent of the abutters and without the required petition from abutters
who own at least 50% of the linear frontage along the roads; if the Board receives and favorably
considers the petition, repairs can be made and betterments shall be assessed at 100% to the
abutters. She added that the area residents have proposed that they pay 30% towards
betterments. Ms. Gibson noted deteriorated condition of the roads, but again, the only way repairs
could be made by the Town is if the Town receives a petition from abutters as identified in the
Town Code and subject to 100% betterments. Mr. Kopko said that for less money the property
owners could hire a private contractor to repair the roads themselves forthwith. Discussion among
Board members followed on a 2004 Annual Town Meeting article which appropriated $530,000
towards repairs to the roads, but was never properly funded. Mr. Atherton said the Town could be
"bold" and just make temporary repairs to the roads, as he feels the neighbors aren't going to
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“come out of pocket” to undertake the work themselves. Mr. Chadwick spoke in favor of taking the
roads and funding road repairs by selling Town real estate in the area. Ms. Gibson noted that the
2004 Annual Town Meeting appropriation can still be used towards the takings of the roads but that
a debt exclusion override would be needed to obtain the funding. Mr. Atherton spoke in favor of
moving forward with a debt exclusion override this spring for the 2004 appropriation, noting a
possible one-third, one-third, one-third split among the tax base, betterments, and the Airport.
Carol Dunton suggested that the abutters of the roads set up road maintenance accounts to pay for
private road maintenance as is done in Tom Nevers. Maureen Beck stated that in Surfside there is
an entire network of private roads that impact the entire Island. Following some further discussion,
Chairman Roggeveen said the Town will document the steps/process for taking the roads and
making improvements, as well as outlining the petition process.
2. Water Quality Strategic Plan Update. Ms. Gibson noted that one of the Board’s goals under the
quality of life goal category is water quality and developing a strategic plan. She said a small group
of staff and others has been meeting regularly to work on a strategic plan. Beach Manager Jeff
Carlson reviewed the Town’s vision and mission regarding water quality, examples of water quality
standards as adopted by the Nantucket and Madaket Harbors Action Plans, and a catalog of water
quality reports. He also reviewed the Town’s new water quality web page. Ms. Gibson noted there
is more work to do and a water quality plan is being drafted for eventual adoption by the Board. Mr.
Willauer asked about financing. Mr. Carlson stated that much of the work is being done by staff “in-
house”. Ms. Gibson added that much of the work is already incorporated in departmental budgets
but some matters, such as Miacomet Pond, would require additional funding.
At 8:03 PM Mr. Willauer left the meeting.
3. Coastal Management Plan Update. Ms. Gibson noted that at a previous Town Meeting there
was a citizen article and vote to impose a moratorium on certain erosion control projects until a
coastal management plan (CMP) is in place. Ms. Gibson said that rather than a “plan” the
Administration has been developing a set of principles, noting that no other Massachusetts
community has a CMP in place.
At 8:05 PM Mr. Willauer returned to the meeting.
Mr. Carlson reviewed the progress to date on the proposed principles, explaining that the purpose
of the principles is to establish best management practices for Town-owned coastal properties. He
said a coastal issues matrix has been created, noting water quality, public access, harbors, and
fisheries issues are currently underway.
Ms. Gibson updated the Board on a recent meeting with finance consultant Mark Abrahams, at
which the FY 2010 audit and the 2008 Abrahams Report was discussed, noting that the vacant
Finance Director position was also discussed.
Ms. Gibson said that the Administration is planning a sewer issues workshop for April, noting there
is a need for a sewer projects manager. Some discussion followed.
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VIII. SELECTMEN’S REPORTS/COMMENT
1. Siasconset Beach Preservation Fund (SBPF): Request Regarding Town’s Efforts to Control
Erosion. Ms. Gibson reviewed a request from SBPF to file with the Conservation Commission, in
the absence of a CMP, for a project that affects Town-owned land. She added that if the Board
chooses to approve the SBPF request, it could impose conditions to the approval, such as
professional help with developing the CMP and access to the Sconset Bluff Walk Path and other
public access requirements. SBPF member Josh Posner gave background information on the
project, noting that the previous beach nourishment project has been abandoned and a new project
is being proposed. He reviewed current efforts being made by SBPF, including filing a citizen
warrant article for the 2011 Annual Town Meeting to remove the moratorium. He said SBPF is
willing to cooperate with the Town’s CMP efforts by funding a consultant to finalize the document
but suggested setting a target completion date. He then asked the Board to approve SBPF’s
request to file a Notice of Intent with the ConCom, noting that if the Board agreed SBPF will ask to
have its warrant article tabled. Mr. Kopko said he comfortable with the request to sign off on the
Notice of Intent but that he is not in favor of anything else beyond that. Mr. Chadwick said he had
no issue with the request and is interested in SBPF’s offer to fund a consultant. Chairman
Roggeveen concurred. Mr. Atherton said he feels the Board should memorialize its response in
writing to SBPF and that it is “prudent” that the Board get a report from the ConCom on where any
prior conditions stand, noting there is still the outstanding easement at 67 Baxter Road. He
suggested that the Board get advice from Town Counsel before crafting a motion tonight. Mr.
Posner noted that SBPF recently received a letter from the ConCom noting it is compliant with all
conditions and that SBPF is still working out legal hurdles regarding an easement at 67 Baxter
Road. Mr. Chadwick moved to sign the Notice of Intent; Mr. Willauer seconded. All in favor, so
voted. Ms. Gibson noted that staff recommends that the Board take advantage of SBPF funding a
consultant for the CMP. The consensus of the Board was to look into this.
3. Discussion of Funding Mechanisms for Sewering Monomoy Needs Area (Continued from 2
March 2011). Mr. Atherton suggested a possible ballot question on how to fund sewering the
Monomoy needs area, noting he hopes to see the results of some specific harbor modeling before
the 2011 Annual Town Meeting. He added that money has already been appropriated for the
design phase of the Monomoy sewer extension, and said that possibly the Board should “take a
step back”. Chairman Roggeveen said she is in favor of stepping back as well. Mr. Kopko
disagreed and said the project should move forward. Discussion among Board members followed.
Chairman Roggeveen said the Board needs time to “look at the big picture”. Marcia Anderson of
South Valley Road said she feels there should be financial consistency in terms of funding the
sewering of the various needs areas.
At 9:08 PM Mr. Willauer left the meeting. He returned at 9:10 PM.
Further discussion among Board members followed. Mr. Atherton said continuing with the design
phase only will not lose any time. Ms. Gibson noted that if the Town is not going forward with
construction of the Monomoy needs area sewer, then she will need to review the FY 2012 Sewer
Enterprise Fund budget to see if the design costs were budgeted, adding that it could result in a
rate increase. Nantucket Land Council executive director Cormac Collier spoke against extending
the Town sewer district to the Monomoy needs area if funding is not agreed upon. Some
discussion followed.
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4. Discussion Regarding Potential Overrides at 2011 Annual Town Meeting. Mr. Atherton noted
there will be no override for the proposed Madaket wind turbine as that project has been put off. He
said there may or may not be an override for the Boulevard-area roads and sewering the Monomoy
needs area now that construction may be delayed.
5. Committee Reports. Mr. Willauer noted that the research and studies for the proposed Madaket
wind turbine are ongoing, although construction funding is not being sought this year. Ho noted
upcoming Energy Study Committee public forums.
VIII. ADJOURNMENT
The meeting was unanimously adjourned at 9:27 PM.
Approved the 25th day of May, 2011.
BOARD OF SELECTMEN
9 MARCH 2011 – 6:00 PM
COURT ROOM, TOWN & COUNTY BUILDING
16 BROAD STREET
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
IV. 3. Pending contracts spreadsheet for 9 March 2011
VIII. 2. 2011 Annual Town Meeting warrant articles 33, 45, 113; email from Town Counsel with
attachments, re: sewer; memo from George Aronson, re: proposed Madaket wind turbine
V. 1. Resignation letter from Karen Alence from Agricultural Commission
V. 2. Letter from Michael Sturgis, re: surrender of Cinco liquor license
V. 3. Application for curb cut, re: 2 Martins Lane; HDC approved plans for driveway
VII. 1. Email and memo from Town Manager, re: Surfside-area roads; email from Mohamed
Nabulsi, re: road repair/construction estimates; email with attachments from Allen
Reinhard
VII. 2. Water Quality strategic plan presentation
VII. 3. Coastal Management Principles presentation
VIII. 1. Siasconset Beach Preservation Fund project proposal summary and background
information; email from Town Counsel
VIII. 3. Email from Town Manager, re: Monomoy Needs Area; email from Town Counsel, Article
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