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HomeMy WebLinkAboutBoard of Selectmen Minutes March 23, 2011_201402061649136354BOARD OF SELECTMEN Minutes of the Meeting of 23 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 6:33 PM after meetings of the County Commissioners and NRTA. I. ANNOUNCEMENTS 1. Chairman Roggeveen announced that 7th Graders Irena Roggeveen and Nicole Gottlieb have been named the Nantucket County winners of the statewide arson watch poster contest. Nantucket Fire Department Fire Prevention Officer Elizabeth Shannon explained the contest and presented Ms. Roggeveen and Ms. Gottlieb with certificates. 2. There will be a special Board of Selectmen public hearing meeting Wednesday, 30 March 2011 at 6:00 PM in Town Building Court Room, 16 Broad Street. 3. 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. 4. There will be no Board of Selectmen meeting Wednesday, 6 April 2011 due to the Annual Town Meeting. 5. The Board of Selectmen will hold its April meetings in the Public Safety Facility (PSF) Community Room, 4 Fairgrounds Road starting 13 April 2011. 6. Mr. Willauer announced that the Nantucket Civic League will be holding “Meet the Articles” from 1:00 – 3:00 PM and “Meet the Candidates” from 3:00 – 6:00 PM on Saturday, 26 March 2011 at the Nantucket Atheneum. A discussion among Board members and Town Manager C. Elizabeth Gibson followed regarding who will be in attendance and which Annual Town Meeting Warrant articles might be discussed. II. PUBLIC COMMENT None. III. NEW BUSINESS None. IV. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Payroll Warrant for Week Ending 20 March 2011. The payroll warrant for week ending 20 March 2011 was approved by the unanimous consent of the meeting. 2. Approval of Treasury Warrant for 23 March 2011. The treasury warrant for 23 March 2011 was approved by the unanimous consent of the meeting. 1 3. Approval of Pending Contracts for 23 March 2011. Ms. Gibson reviewed the various pending contracts and answered questions from the Board. Mr. Kopko moved to approve the pending contracts for 23 March 2011; Mr. Atherton seconded. All in favor, so voted. V. CITIZEN/DEPARTMENTAL REQUESTS 1. Nantucket Autism Speaks Resource Center: Request for Proclamation Regarding World Autism Awareness Day on 2 April 2011; Request to Proclaim 14-20 August 2011 Autism Awareness Week. Kim Horyn, director of the Nantucket Autism Speaks Resource Center, introduced Rourke Barsanti and Cody Perry who read the Autism Proclamation. Mr. Willauer moved to approve the proclamation regarding World Autism Awareness Day on 2 April 2011; Mr. Kopko seconded. All in favor, so voted. Ms. Horyn also noted that Autism Awareness Week is 14-20 August 2011. Mr. Barsanti asked that people wear blue on Friday, 1 April 2011. 2. Town Clerk: Request for Reappointment of Constable for Town of Nantucket. Mr. Atherton moved to approve the reappointment of Robert Reardon as Constable for a three year term, said term to expire in 2014; Mr. Kopko seconded. All in favor, so voted. 3. Visitor Services: Request for Acceptance of Gifts Totaling $43,983 for 2011-2012 Fourth of July Fireworks Shows. Visitor Services Director Kate Hamilton Pardee requested that the Board accept the gifts as presented and she thanked all the donors for their support. Mr. Willauer moved to accept gifts totaling $43,983 for the 2011-2012 fireworks shows; Mr. Kopko seconded. All in favor, so voted. 4. Our Island Home: Request for Acceptance of Gifts Totaling $305 for Our Island Home Gift Fund. Chairman Roggeveen reviewed the request for acceptance of various gifts for the Our Island Home Gift Fund. Mr. Kopko moved to accept the gifts totaling $305 for the Our Island Home Gift Fund as presented; Mr. Atherton seconded. All in favor, so voted. 5. Nantucket Auto Rental, Inc.: Request for Approval of Application for Pledge of 93 Rental Vehicle Medallions. Mr. Kopko noted that a similar request was approved by the Board in 2010 and that former Town Counsel recommended that provisional language be added to the approval; Mr. Kopko asked whether this language should be included again tonight. Town Counsel John Giorgio answered affirmatively. Mr. Kopko moved to approve the application for pledge of 93 rental vehicle medallions for Nantucket Auto Rental, Inc. provided “Such pledge shall not be construed to affect the obligation of any person, business or corporation engaging in the business of renting, leasing or keeping for rent or lease any motor vehicle to first be licensed annually by the Board of Selectmen to do so or to affect the right of the Board of Selectmen as local licensing authority to suspend, revoke or otherwise regulate such license pursuant to applicable law."; Mr. Atherton seconded. All in favor, so voted. 6. Sustainable Nantucket: Request for Waiver of Landfill Fees Associated with “Farm to School” Program. Sunny Daly, a volunteer mentor for the “Farm to School” program, spoke in favor of the request. Mr. Chadwick noted that he is opposed to waiving fees so he contacted Myles Reis who has offered to take care of the disposal of the tree stumps at no charge. No further action was taken by the Board. 2 7. Nantucket Land Council: Request for Preliminary Review of Conservation Restriction to be Held by Nantucket Land Council for Nanahumacke Cluster Open Space. Nantucket Land Council Executive Director Cormac Collier explained that the conservation restriction (CR) is a condition of the Nanahumacke cluster subdivision approved by the Planning Board. Mr. Collier answered questions from the Board. Attorney Arthur Reade, representing the Nanahumacke trustees, noted there are easements in place to allow public access. The Board consensus is to forward the Nanahumacke CR to Town Counsel for formal review. 8. Request for Determination that the Following Premises Licensed to Sell Alcoholic Beverages Are Not Detrimental to the Educational and Spiritual Activities of a Church or School Pursuant to Section 16C of MGL Chapter 138: Ventuno Located at 21 Federal Street; Arno’s at 41 Main Located at 41 Main Street. Mr. Chadwick moved to determine that Ventuno, located at 21 Federal Street, and Arno’s at 41 Main, located at 41 Main Street, are not detrimental to the educational and spiritual activities of a church or school pursuant to Section 16C of MGL Chapter 138; Mr. Atherton seconded. All in favor, so voted. It was noted that these applications were recently approved by the Board; however, this step was not taken at that time. 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; 9 March 2011). Chairman Roggeveen recused herself from the tonight’s two Historic District Commission (HDC) appeals as the Dreamland currently has a pending application before the HDC. Vice Chairman Willauer opened the public hearing. Attorney Arthur Reade, representing the Nantucket Islands Land Bank, requested that both appeals be heard together instead of separately. There were no objections from the Board or the HDC. Mr. Reade explained that the appeals are the result of the HDC’s denial to move the building from 30B Washington Street to 30 Mizzenmast. Mr. Reade reviewed the history of the Land Bank land acquisition on Washington Street and its original plan with the Maria Mitchell Association and the Land Bank’s plans for a public waterfront park. Mr. Reade stated that the Land Bank’s position is that the building in question is not historic and that the HDC has no basis to deny its removal from the site. HDC Administrator Mark Voigt called for a point of order and noted that two photos submitted by Mr. Reade to the Board were not previously submitted to the HDC during the original hearings. Mr. Reade said he feels the photos and landscape plan are allowable. The Board did not object. Mr. Reade reviewed various maps and plans, noting that the building was not located on the Washington Street site until the late 1940s or early 1950s and thus is not historic. Mr. Reade noted that he has recently read a memo from the HDC and asked that it not be part of the record as it was submitted after the HDC hearing and without notice to the appellant. HDC Chairman Dirk Roggeveen said the Land Bank’s appeal was “surprising” and he noted that the HDC did approve a move-off of the 30B Washington Street building. He stated that the HDC proceedings were complex and involved both the Land Bank and the Maria Mitchell Association, and explained that the HDC approved the move-off of various buildings, including the 30B Washington Street building, as long as they stay in the immediate neighborhood. Mr. Roggeveen clarified that the HDC voted to allow the move of the 30B Washington Street building to 31 Washington Street, but that the Land Bank came back to the HDC and said it no longer wished to move the building across the street and applied for the move to Mizzenmast, which was denied. Mr. Roggeveen added that he feels the HDC has the authority to look at the neighborhood, scale, and historic context. Town Counsel John Giorgio stated that the 3 controversy lies in the denial of the move-on to Mizzenmast and that the Board needs to determine if the HDC exceeded its authority under the Enabling Act and whether it has the legal authority to consider the neighborhoods, the scale, and the historic context of where the building is located. Discussion followed. Mr. Atherton stated he is “perplexed” that the two public bodies [HDC and Land Bank] cannot find a resolution and he feels the Land Bank is “aggressively” pursuing its appeal. Mr. Giorgio read Section 2 of the HDC Enabling Act and stated that the HDC determined that the 30B Washington Street building had to remain in the neighborhood and it would no longer be in a historic context if it was relocated to Mizzenmast. Dr. John West spoke in favor of the building moving to the Land Bank’s Petrel Landing lot on Commercial Street. Board discussion followed regarding continuing the hearing or remanding the matter back to the HDC. Mr. Atherton spoke in favor of continuing the public hearing. Mr. Kopko said he feels the HDC has been a willing participant and that he feels the HDC doesn’t deserve to be called into question on this matter. Mr. Kopko asked Mr. Reade if he is authorized to continue the matter and work out a deal with the HDC. Mr. Reade said he is not authorized and asked the Board to take action tonight. Land Bank Resource Planner Bruce Perry clarified some points regarding the HDC proceedings and the appeal, and added that the Land Bank needs to move forward. HDC member David Barham noted that Section 2 of the Enabling Act charges the HDC with protecting historic structures in their historic settings and he feels the proposal made by Land Bank member Leslie Johnson to move the building to Petrel Landing is “very creative”. Mr. Reade stated if the HDC is willing to allow the building to be moved it should leave it at that and it should not be linked with a move to a specific site. Mr. Atherton moved to close the public hearing, Mr. Kopko seconded. So voted 4-0. Mr. Kopko moved to deny the appeal on the basis that the HDC’s denial of the move was not arbitrary and capricious. Mr. Atherton said he prefers to continue the appeal in the hopes that both parties can work this matter out. Mr. Kopko’s motion died for lack of a second. Mr. Atherton moved to continue the public hearing to 25 May 2011; Mr. Willauer seconded. Discussion followed among Board members. Mr. Atherton called the question. So voted 3-1. Mr. Kopko was opposed. Mr. Reade noted that the public hearing has already been closed and asked how it can be continued. Mr. Atherton modified the motion to continue Board’s deliberation to 25 May 2011. On Mr. Atherton’s motion, so voted 2-2. Mr. Chadwick and Mr. Kopko were opposed. The motion did not carry. Mr. Giorgio clarified that Mr. Reade could take the appeal to Superior Court. Further discussion followed. Mr. Kopko moved that the Board finds the HDC did not act arbitrarily or capriciously. Mr. Kopko’s motion died for lack of a second. Mr. Chadwick moved that the HDC was arbitrary and capricious and to approve the appeal. Mr. Chadwick’s motion died for lack of a second. Mr. Atherton recommended that Mr. Willauer close the matter and move forward with the agenda. Discussion followed and no further action was taken. 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; 9 March 2011). See VI. 1. VII. TOWN MANAGER’S REPORT Ms. Gibson updated the Board on departmental consolidations for FY 2012. At 8:51 PM Mr. Willauer left the meeting. Ms. Gibson noted she and Assistant Town Manager Gregg Tivnan attended a Healthy Community Collaborative luncheon today where they reviewed the status of the consolidation. 4 5 At 8:54 PM Mr. Willauer returned. VIII. SELECTMEN’S REPORTS/COMMENT 1. Committee Reports. Chairman Roggeveen reviewed a recent Audit Committee meeting and noted that the Town has received a qualified management letter from the auditors which was a disappointment but that the focus now is on moving forward and taking corrective action as soon as possible. Ms. Gibson noted her disappointment as well and reviewed corrective actions currently being undertaken. Discussion followed among Board members. Mr. Atherton discussed Article 59 of the 2011 Annual Town Meeting Warrant and asked for a sense of the Board on how it feels regarding the proposed parking garage prohibition. Following some discussion the Board indicated it was not interested in pursuing the matter. Mr. Atherton discussed Article 33 and possibly setting fees as Sewer Commissioners for septic users. Chairman Roggeveen stated she is not in favor of setting fees at this time. VIII. ADJOURNMENT The meeting was unanimously adjourned at 9:23 PM. Approved the 27th day of April, 2011. BOARD OF SELECTMEN 23 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 23 March 2011 V. 1. Autism Speaks Proclamation V. 2. Memo from Town Clerk, re: reappointment of Constable V. 3. Memo from Visitor Services, re: gifts for Fireworks; list of donors V. 4. Memo from Our Island Home, re: gifts for Our Island Home Gift Fund V. 5. Letter from Nantucket Auto Rental, Inc., re: pledge of renal vehicle medallions; email from Licensing Agent; copy of 6 January 2010 minutes V. 6. Letter from Sustainable Nantucket, re: waiver of landfill fees; brochure of “Farm to School” program V. 7. Letter from Nantucket Land Council, re: Nanahumacke conservation restriction; copy of conservation restriction package VI. 1. & 2. HDC appeals procedure; Letters from Arthur Reade, re: appeal of HDC Certificate No. 55822 and 55823; copies of HDC minutes and Certificate of Appropriateness denials; memo from HDC with attachments; Letter from Arthur Reade with attached photos and plans; HDC partial transcript from meeting of 21 September 2010