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HomeMy WebLinkAboutBoard of Selectmen Minutes March 30, 2011_201402061649138541BOARD OF SELECTMEN Minutes of the Meeting of 30 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 and noted that this is Mr. Chadwick’s last meeting as a member of the Board, as he is not seeking re-election after two terms. She thanked Mr. Chadwick for his service and presented him with a gift on behalf of the Board. I. ANNOUNCEMENTS 1. 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. 2. There will be no Board of Selectmen meeting Wednesday, 6 April 2011 due to the Annual Town Meeting. 3. The Board of Selectmen will hold its April meetings in the Public Safety Facility (PSF) Community Room, 4 Fairgrounds Road starting 13 April 2011. II. PUBLIC COMMENT None. III. NEW BUSINESS None. IV. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Minutes of 22 December 2010 at 6:00 PM. The minutes of 22 December 2010 at 6:00 PM were approved by the unanimous consent of the meeting. 2. Approval of Payroll Warrant for Week Ending 27 March 2011. The payroll warrant for week ending 27 March 2011 was approved by the unanimous consent of the meeting. 3. Approval of Treasury Warrant for 30 March 2011. The treasury warrant for 30 March 2011 was approved by the unanimous consent of the meeting. 4. Approval of Pending Contracts for 30 March 2011. Ms. Gibson reviewed the various pending contracts. Chairman Roggeveen noted that the Board spent a good amount of time reviewing the terms of the Town Manager’s contract with Ms. Gibson. Chairman Roggeveen, Mr. Atherton and Mr. Kopko discussed various changes to the contract. Marine Superintendent Dave Fronzuto answered questions from the Board on the Marine Department contract. Mr. Willauer moved to approve the pending contracts for 30 March 2011; Mr. Chadwick seconded. All in favor, so voted. V. CITIZEN/DEPARTMENTAL REQUESTS 1. Nantucket Cottage Hospital: Request for Proclamation Honoring its 100th Anniversary. Bill Farrell of Nantucket Cottage Hospital read the proclamation honoring the Hospital’s 100th Anniversary. Nantucket Cottage Hospital Trustee Steven Anderson expressed his gratitude and asked that the proclamation be approved. Mr. Willauer moved to approve the proclamation for Nantucket Cottage Hospital; Mr. Chadwick seconded. All in favor, so voted. 1 2. Marine and Coastal Resources Department: Request for Acceptance of Gift of Outerwear for 2011 Lifeguard Program Not to Exceed $5,000 from Jack Wills Inc. Mr. Fronzuto reviewed the gift from Jack Wills Inc. and he and Beach Manager Jeff Carlson answered questions from the Board. Mr. Willauer moved to accept the gift of outerwear for the 2011 lifeguard program from Jack Wills Inc. with thanks; Mr. Atherton seconded. All in favor, so voted. VI. PUBLIC HEARINGS 1. Public Hearing to Consider Extending Layout of Miller Lane from Current Terminus to New Terminus Approximately 458 Feet to West as Shown as Lot B-1 on Plan Entitled “Review Plan to Show Proposed Redivision of Lot B/Miller Ln.”. Chairman Roggeveen opened the public hearing. Planning Director Andrew Vorce reviewed the matter and explained that in order for Article 37 to be considered at the 2011 Annual Town Meeting a public hearing had to be held regarding the layout of Miller Lane. Chairman Roggeveen noted that the Board held a viewing earlier in the day at the site. Mr. Vorce added that the Planning Board recommended that a turnaround at the end of Miller Lane be removed. Planning Board member Nat Lowell reviewed the history of Miller Lane. Joan Bunting, representing her mother Mary Glowacki, thanked the Board members present at the viewing and admonished the two that were not present. Ms. Bunting spoke in favor of extending the layout. Abutter Steven Cohen spoke against extending the layout of Miller Lane and further reviewed its history, noting that the section of Miller Lane in question was not laid out as a road, but was kept as just a parcel of land. Mr. Vorce answered questions from the Board. Ms. Bunting noted that other property owners, including the Nantucket Inn and a private subdivision, all have access on Miller Lane. Chairman Roggeveen closed the public hearing. Chairman Roggeveen encouraged the Board to consider the request favorably. Mr. Kopko stated he has visited the site many times and he believes Mr. Cohen’s history review of Miller Lane is accurate. He added that Town Meeting intended to keep the area in question as open space. Mr. Chadwick urged the Board to vote favorably tonight and let Town Meeting make the final decision. Mr. Atherton suggested that the proposed road layout be reduced to 75’ in length to give the property owners access to one lot with the onus on them to place easements on the two additional lots for access to those lots. Following some discussion, Ms. Bunting stated her family was open to this compromise. Discussion followed on various road layout scenarios. Mr. Kopko moved to extend the layout of Miller Lane to 75’ in length by 35” wide; Mr. Willauer seconded. Mr. Atherton asked to amend the motion to make the width 20’. Mr. Kopko accepted that as a friendly amendment; Mr. Willauer seconded. Further discussion followed. All in favor of the motion as amended to extend Miller Lane 75’ by 20’, so voted. 2. Public Hearing to Consider Taking by Eminent Domain the Fee Simple Title of Parcels of Land Known as an Unnamed Way Located On and Between 67 Baxter Road, Known as Map 49, Parcel 24 and 65 Baxter Road, Known as Map 49, Parcel 23 as Shown as Parcels A and B on Plan Entitled “Roadway Acquisition & Disposition Plan in Nantucket, Mass. of 30’ Wide Unnamed Way”. Chairman Roggeveen opened the public hearing. Mr. Vorce noted this is the first step in several required to take this property, with the end result to be public access via lateral ways to the Sconset bluff walk. Attorney Arthur Reade, representing the Siasconset Beach Preservation Fund (SBPF), noted that SBPF has been working with the property owners of 65 and 67 Baxter Road on an easement to allow public access to the bluff walk since last year. He noted that the property owners are now in favor of the taking proposed by the Town to establish a public access path for pedestrian use rather than granting easements. Mr. Kopko reminded the Board that it signed off on SBPF’s last application to the Conservation Commission in exchange for a public access easement in this location. Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to approve the taking by eminent domain of the parcels of land located between 65 and 67 Baxter Road; Mr. Willauer seconded. All in favor, so voted. 2 3 VII. TOWN MANAGER’S REPORT Ms. Gibson thanked the Board for renewing her contract. She then reviewed upcoming matters for the Board’s 13 April 2011 meeting. VIII. SELECTMEN’S REPORTS/COMMENT 1. Discussion/Review of Town Manager Performance Evaluation. Chairman Roggeveen noted that she was charged with summarizing into one document the five performance evaluations submitted by the Board members and that the Board has a draft summary before them to discuss and approve. She stated that much of the summary was drawn from Mr. Willauer’s evaluation. Mr. Atherton asked for clarification if the individual evaluations are public documents. Town Counsel Leonard Kopelman stated the individual evaluations are not public documents. Mr. Kopko said he felt that the summary was not reflective of the individual evaluations and that the numerical scores should be an average of the five. He added that none of his comments were included in the summary and he said he was concerned that all five members input were not treated equally. Discussion on the summary process followed. Mr. Chadwick moved to approve the Town Manager performance evaluation as presented; Mr. Willauer seconded. Mr. Kopko noted that if the draft summary is approved he would feel compelled to release his evaluation as he feels his views were not represented in the summary. Further discussion followed on the draft summary. Mr. Kopko stated the evaluation instrument is inadequate and ineffective. On the motion, so voted 3-2. Mr. Atherton and Mr. Kopko were opposed. 2. Review of Town Counsel Policy. Chairman Roggeveen noted Mr. Kopko requested this agenda item. Mr. Kopko noted the Town Counsel policy was adopted by the Board in April 2009 and his understanding of the policy is that Board members are free to communicate with Town Counsel on matters covered by the retainer and for matters that affect Board members individually such as ethics violations. Mr. Kopko stated he has recently communicated with Town Counsel and received no response. He added that he would like Town Counsel to know that according to the Board’s policy he is free to respond to Mr. Kopko. Town Counsel Leonard Kopelman said that he will respond in a more timely fashion to requests from Board members. The Board was in agreement with the intent of the policy. No further action was taken. 3. Committee Reports. Mr. Kopko reported on the Community Preservation Committee’s warrant articles for the 2011 Annual Town Meeting and the technical amendments it will make on its articles. He also noted that the CPC has voted to hire independent counsel using taxpayers’ money from the CPC administrative fund to pay for its legal counsel to represent it at Town Meeting regarding the CPC bylaw amendment article. Mr. Kopko noted that the CPC has taken action to replace its designee from the Conservation Commission with a current member. Chairman Roggeveen reported on today’s Ad Hoc Budget Work Group meeting. Mr. Willauer gave an update on the Energy Study Committee and the proposed Madaket wind turbine and clarified information regarding associated Town Meeting warrant articles 44, 45, and 46. Some discussion followed. VIII. ADJOURNMENT The meeting was unanimously adjourned at 7:55 PM. Approved the 13th day of April, 2011. BOARD OF SELECTMEN 30 MARCH 2011 – 6:00 PM COURT ROOM, TOWN & COUNTY BUILDING 16 BROAD STREET NANTUCKET, MASSACHUSETTS List of documents used at the meeting: IV. 1. Draft minutes of 22 December 2010 at 6:00 PM IV. 4. Pending contracts spreadsheet for 30 March 2011 V. 1. Nantucket Cottage Hospital Proclamation V. 2. Memo from Marine and Coastal Resources Dept., re: acceptance of gift from Jack Wills Inc.; copy of letter from Jacks Wills Inc.; picture of outerwear samples VI. 1. Copy of notice for public hearing and viewing, re: Miller Lane and associated map; email from Andrew Vorce and revised map VI. 2. Copy of notice for public hearing, re: Baxter Road and associated map; copy of letter from owners of 65 and 67 Baxter Road; email from Arthur Reade and revised map VIII. 1. Draft of Town Manager performance evaluation summary VIII. 2. Email from Michael Kopko and copy of Town Counsel policy.