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HomeMy WebLinkAboutBoard of Selectmen Minutes May 25, 2011_201402061649148697BOARD OF SELECTMEN Minutes of the Meeting of 25 May 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 6:04 PM following a meeting of the County Commission. I. BOARD ACCEPTANCE OF AGENDA The Board unanimously accepted the agenda as printed. II. ANNOUNCEMENTS 1. The Veterans of Foreign Wars Post 8608 will be holding its annual Memorial Day Parade on Sunday, 29 May 2011 at 1:00 PM. 2. A Special Town Election will be held on Tuesday, 14 June 2011 with polls open from 7:00 AM to 8:00 PM at Nantucket High School; the deadline for voter registration is today at 8:00 PM. 3. Town Manager C. Elizabeth Gibson 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). III. PUBLIC COMMENT None. IV. NEW BUSINESS None. V. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Minutes of 9 March 2011 at 6:00 PM. The minutes of 9 March 2011 at 6:00 PM were approved by the unanimous consent of the meeting. 2. Approval of Payroll Warrant for Week Ending 22 May 2011. The payroll warrant for week ending 22 May 2011 was approved by the unanimous consent of the meeting. 3. Approval of Treasury Warrant for 25 May 2011. The treasury warrant for 25 May 2011 was approved by the unanimous consent of the meeting. 4. Approval of Pending Contracts for 25 May 2011. Ms. Gibson reviewed the various pending contracts and answered questions from the Board. The pending contracts for 25 May 2011 were approved by the unanimous consent of the meeting. VI. CITIZEN/DEPARTMENTAL REQUESTS 1. Roads and Right of Way Committee: Resignation; Request for Term Adjustment. Mr. Kopko moved to accept the resignation of Ann Bissinger from the Roads and Right of Way Committee and to send a letter of thanks for her service; Mr. DeCosta seconded. All in favor, so voted. Roads and Right of Way Committee chairman Allen Reinhard reviewed the request to adjust the term for the seat vacated by Ms. Bissinger to expire in 2011. Mr. DeCosta moved to approve the term 1 adjustment for the vacant seat to expire in 2011 as requested; Mr. Kopko seconded. All in favor, so voted. 2. Request for Declaration of Surplus Property: Portions of Laurel Street Pursuant to Affirmative Vote on Article 97 of 2009 Annual Town Meeting; Portions of Plum Street Pursuant to Affirmative Vote on Article 77 of 2010 Annual Town Meeting. Planning Director Andrew Vorce reviewed the request to declare portions of Laurel Street and Plum Street surplus property, noting the request came out of work the Planning Office has been undertaking with the Surfside Area Work Group. Mr. DeCosta moved that the Board execute the documents declaring that the property identified as Assessor’s Map 80 as a portion of Laurel Street identified as Lot(s) A, B, and C, and Assessor’s Map 80 as a portion of Plum Street identified as Lot(s) A, B, C, and D are surplus Town property; Mr. Kopko seconded. All in favor, so voted. 3. Request for Execution of Deed for Conveyance of Town-owned Property Described as Portion of Miller Lane, Lots 827 and 828 on “Land Court Division Plan of Land in Nantucket, MA” dated 2 May 2011, Pursuant to Affirmative Vote on Article 110 of 2011 Annual Town Meeting. Chairman Atherton reviewed the request and noted that there are two remaining lots on Miller Lane to be addressed in the future. Mr. DeCosta moved that the Board approve and sign the plan entitled “Being a Division of Lot 794 on Land Court Plan 16514-81, Land Court Division, Plan of Land in Nantucket, MA, prepared for Town of Nantucket, 1” = 40’, May 2, 2011,” prepared by Blackwell and Associates, Inc.; and further to approve and execute the deed in which the Town conveys two lots of land off Miller Lane, which are shown as Lots 827 and 828 on said Plan to the Nantucket Islands Land Bank; Ms. Roggeveen seconded. All in favor, so voted. VII. PUBLIC HEARINGS 1. Public Hearing to Consider Applications for Airport Commission, Agricultural Commission, Beach Management Advisory Committee, Capital Program Committee, Cemetery Commission Work Group, Conservation Commission, Council for Human Services, Council on Aging, Cultural Council, Downtown Revitalization Committee, Energy Study Committee, and Finance Committee. Chairman Atherton opened the public hearing and the following individuals spoke in favor of their applications: Airport Commission – Arthur Gasbarro, Robert Atlee, Stephen Drabkin, and John Schwanbeck; Agricultural Commission – Campbell Sutton and Danny Baird; Beach Management Advisory Committee – Diane Lang and Kathleen Van Lieu; Capital Program Committee – Peter Boynton; Cemetery Commission Work Group – James McIntosh; Conservation Commission – Ian Golding, Diane Lang, and John Wagley; Council for Human Services – Teal Miller Beal, Linda Williams, and Jenny Garneau; Downtown Revitalization committee – John Wagley; Energy Study Committee – Anne Kuszpa; Finance Committee – John Tiffany and Matt Mulcahy. Chairman Atherton noted that appointments will be made at the Board’s 22 June 2011 meeting. Mr. Kopko said how gratifying it is to see so many applicants. Chairman Atherton closed the public hearing. 2. Public Hearing to Consider Taking Various Paper Street and Parcels of Land in North Pasture and Surfside Pursuant to Affirmative Votes on Article 25 of 2009 Special Town Meeting; Articles 76 and 78 of 2010 Annual Town Meeting; Articles 98, 102, and 107 of 2011 Annual Town Meeting. Chairman Atherton opened the public hearing. Mr. Vorce noted that of 12 subgroups of parcels to be reviewed, four parcels need to be continued to 22 June 2011 (P5 Sherburne Turnpike; Hinsdale Road/South Shore Road/Old South Road; Easterly side of Shimmo Road and Atlantic Avenue; and Hulbert Avenue Extension). Mr. Willauer moved to continue the public hearing to 22 June 2011 for 2 the four parcels as requested; Mr. DeCosta seconded. All in favor, so voted. Mr. Vorce requested that the Board endorse the taking plans, sign the order of takings, and grant the taking awards on the remaining eight parcels of land, noting they have all been approved by votes of Town Meeting. Mr. Vorce reviewed various maps and plans, and answered questions from the Board. Gail Murray and Michael Payte, abutters to affected parcels of land being taken, both requested that the bounds of their properties be protected. Mr. Vorce said these issues can be dealt with during the disposition phase. Attorney Stephen Cohen, who represents another abutter, noted that the Planning Office has been “extremely helpful” during this process and he spoke in favor of the Town’s “yard sale” program. Peter Boynton and Mr. Reinhard concurred with Mr. Cohen. Chairman Atherton closed the public hearing on the remaining eight parcels of land. Mr. Kopko moved that the Board approve and sign the following plans: 1. “Plan to Acquire Land for General Municipal Purposes, Nobadeer Avenue in Nantucket, Massachusetts”; 2. “Plan to Acquire Land for General Municipal Purposes in Nantucket, Mass., Prepared for Town of Nantucket, Clifford Street & Pocomo Avenue”; 3. “Plan to Acquire Land for General Municipal Purposes in Nantucket, MA., Prepared for Town of Nantucket” for portions of Laurel Street and School Street; 4. “Plan of Taking for the Town of Nantucket, in Nantucket, Mass.” for portions of Washington Street, Sumner Street, Jackson Street, Webster Street, Wilson Street, Pocomo Avenue and Chappomis Avenue; 5. “Road Taking Plan of a Portion of Hawthorne Street, Plan to Acquire Land for General Municipal Purposes in Nantucket, MA.”; 6. “Roadway Acquisition/Disposition Plan in Nantucket, Mass., A Portion of Holly Street”; 7. “Taking Plan of Land in Nantucket, MA., Harriet Street (f.k.a. Prospect Street)”; and 8. “Plan to Acquire Land for General Municipal Purposes, Myles Standish Street, in Nantucket, Mass.”; and, moved that the Board approve and sign the following Orders of Taking: 1. Order of Taking by Eminent Domain of Portions of Nobadeer Avenue, shown on the plan described therein as Parcels A31, A32, A33 and A34 Nobadeer Avenue; 2. Order of Taking by Eminent Domain of Portions of Clifford Street & Pocomo Avenue, shown on the plan described therein as Parcel A Clifford Street and Pocomo Avenue; 3. Order of Taking by Eminent Domain of Portions of Laurel Street and School Street, shown on the plan described therein as Parcels A, B, C, D, K, L, M and N Laurel Street and Parcels E and F School Street; 4. Order of Taking by Eminent Domain of Portions of Washington Street, Sumner Street, Jackson Street, Webster Street, Wilson Street, Pocomo Avenue, and Chappomis Avenue, shown on the plan described therein as Parcels A, L, M and P Jackson Street, Parcels B, J and K Summer Street, Parcels C, D, E, H and L Washington Street, Parcels F and G Webster Street, Parcels N and O Pocomo Avenue, and Parcel Q Wilson Street and Chappomis Avenue; 5. Order of Taking by Eminent Domain of Portions of Hawthorne Street, shown on the plan described therein as Parcels A, B, C and D Hawthorne Street; 6. Order of Taking by Eminent Domain of Portions of Holly Street, shown on the plan described therein as Parcels A, B, C, D and E Holly Street; 7. Order of Taking by Eminent Domain of Portions of Weweeder Avenue and Harriet Street shown on the plan described therein as Parcel One, Harriet Street and Parcel Two, Weweeder Avenue; and 8. Order of Taking by Eminent Domain of Portions of Myles Standish Street, shown on the plan described therein as Parcels A and B, Myles Standish Street; such takings for general municipal purposes and public access purposes and to award the amount of $1.00 to each property owner for said taking and authorize Town Counsel or the Town Manager to record and file the Order of Taking with the Nantucket Registry of Deeds and the Nantucket Registry District of the Land Court within thirty (30) days of this date; Ms. Roggeveen seconded. All in favor, so voted. 3. Board of Selectmen/Board of Sewer Commissioners: Public Hearing to Consider Amending the Fee Schedule for Septic System and Tight Tank Pump-outs. Chairman Atherton opened the public 3 hearing. Ms. Gibson said that she established an internal work group comprised of Health Director Richard Ray, Assistant Department of Public Works Director Mohamed Nabulsi, Wannacomet Water Company Manager Bob Gardner, and Mr. Vorce, and together they have developed a recommendation regarding tight tank fees. Mr. Nabulsi reviewed three fee options the work group considered: 1) retaining the current $0.12 per gallon fee; 2) charging a flat rate fee of $1,100 annually plus applicable fees; or, 3) have tight tank owners install a water meter to obtain exact water usage and charge $0.08 per gallon. He added that the work group recommended the option number three. Mr. Nabulsi and Mr. Gardner answered questions from the Board. Mr. Ray stated that there is no way to determine the exact flow coming out of seasonal homes as there are no meters attached, so the fees the work group developed were based on best estimates. Discussion among Board members and work group members followed. Frank Morral said he is a year-round tight tank user currently paying $0.12 per gallon for pump-outs, and suggested the Board should use the amount of waste going into the wastewater treatment facility to determine the fee, and not the amount of water being used. Arthur Gasbarro, who disclosed his firm has been hired by Cisco Brewers for engineering work, recommended a $0.03 per gallon fee for tight tank pump-outs, and said he sees no point in metering wells when the amount of effluent being brought to the wastewater treatment facility is already being measured when the tight tank is pumped. Chairman Atherton closed the public hearing. Mr. DeCosta said he feels the work group should determine a better fee or a flat rate. Mr. Kopko said he is not in favor of a flat rate because with tight tanks there is a quantifiable way to measure sewer use, and he recommended charging the same as sewer users. A discussion among Board members followed concerning Mr. Gasbarro’s recommended $0.03 per gallon fee. Mr. Kopko moved to charge $0.03 per gallon for residential tight tank pump- outs, effective 13 June 2011; Ms. Roggeveen seconded. All in favor, so voted. At 8:15 PM Ms. Roggeveen left the meeting. Chairman Atherton noted the administrative work group recommended charging $0.08 per gallon for industrial holding tank pump-outs. Mr. Kopko moved to charge $0.08 per gallon for industrial holding tank pump-outs, effective 13 June 2011; Mr. DeCosta seconded. All in favor, so voted. Chairman Atherton added that there will be no change to the fee for septic system pump-outs. Mr. Kopko moved that all installations of tight tanks as of 25 May 2011 are subject to a Sewer Privilege Fee and a Capacity Utilization Fee, both of which are to be one time payments, and will not be charged again if the property owner connects to Town sewer; Mr. DeCosta seconded. All in favor, so voted. VIII. TOWN MANAGER’S REPORT 1. Marine and Coastal Resources Department: 2010 Water Quality Testing Update. Marine Superintendent Dave Fronzuto reviewed the 2010 water quality testing program, noting the program was reinstated last year after a lapse of a few years due to a lack of funding. He stated that a final report is due from the contractor, University of Massachusetts Dartmouth School of Marine Science and Technology (SMAST) in early summer and there will be a public forum to get the information to the public. Mr. Fronzuto thanked the Nantucket Community Association, ReMain Nantucket, and the Nantucket Land Council for providing the funding for the water quality testing program. Mr. Fronzuto and Town Biologist Tara Riley answered questions from the Board. Mr. Fronzuto added that the Nantucket Community Association has offered to fund data collection from past years with the help of a summer intern position. Mr. Fronzuto and Ms. Riley both noted their disappointment with SMAST for the slow delivery of the final report. 4 5 2. Update Regarding 23 May 2011 Energy/Net-Metering Meeting. Assistant Town Manager Gregg Tivnan reviewed the meeting which pertained to National Grid’s policy on net-metering and how to approach the Town’s future energy projects. Mr. Tivnan explained that net-metering allows a municipality to aggregate the energy it creates itself and sell it back to the electric company. He said that all other towns in the Commonwealth serviced by National Grid can sell back its energy at a higher rate (2 MW) than Nantucket is allowed (390 kW). Mr. Tivnan said the Town’s hands are tied as current National Grid policies don’t allow the Town to become more energy efficient and save the Town money. He requested that a letter be sent to National Grid from the Board asking why Nantucket is being penalized. Mr. Willauer said the Town was “blindsided” upon learning about this policy. Mr. Tivnan added that the Town was not notified by National Grid of its policy, and that it found out when the information was published on National Grid’s website in February 2011. Ms. Gibson noted that Town Administration has drafted a letter to National Grid for the Board to sign. Mr. Kopko moved to authorize Chairman Atherton to sign the letter to National Grid on behalf of the Board; Mr. DeCosta seconded. So voted 4-0. Ms. Gibson gave a brief update on the Board’s upcoming Wastewater Action Plan workshops, noting that funding will be required for professional services. She added that a stakeholders meeting has been scheduled for 13 June 2011. IX. SELECTMEN’S REPORTS/COMMENT 1. Adoption of FY 2012 Goals and Objectives. Mr. Atherton explained that the Board has agreed to focus on three main goals but is looking to ensure other items are ongoing agenda items, such as energy, information technology, and roads. The Board discussed possibly having a supplemental list of items. Mr. Kopko moved to adopt the Board’s goals as presented for FY 2012; Mr. DeCosta seconded. So voted 4-0. 2. Committee Reports. Mr. Willauer reported on a meeting held last night to discuss issues of the Spanish-speaking community, noting the meeting was attended by Ms. Gibson, Human Services Director Pamela Meriam, Police Chief William Pittman, Pauline Proch, Peter Mackay, Jenny Garneau and a few others. Mr. Kopko inquired about paid downtown parking. Chairman Atherton said that issue will be discussed at the Board’s 1 June 2011 meeting. IX. ADJOURNMENT The meeting was unanimously adjourned at 8:50 PM. Approved the 15th day of June, 2011. BOARD OF SELECTMEN 25 MAY 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 9 March 2011 at 6:00 PM V. 4. Pending contracts spreadsheet for 25 May 2011 VI. 1. Resignation letter from Ann Bissinger for Roads and Right of Way Committee; current membership list; email from Allen Reinhard, re: term adjustment request and attachment VI. 2. Written motion; declaration of surplus property documents and associated Town Meeting votes VI. 3. Written motion; email from Town Counsel’s office; draft deed; Miller Lane map; associated Town Meeting vote; email from Planning Director Andrew Vorce VII. 1. Committee applicant list and applications; email re: who will not be in attendance VII. 2. Written motion; maps; Order of Taking documents; Town Meeting votes VII. 3. Memo from Mohamed Nabulsi, re: tight tank fees; proposed fee schedule from Arthur Gasbarro VIII. 1. Memo from Dave Fronzuto, re: water quality testing IX. 1. FY 2012 Goals and Objectives spreadsheet