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HomeMy WebLinkAboutBoard of Selectmen Minutes October 12, 2011_201402061649156354 1 BOARD OF SELECTMEN Minutes of the Meeting of 12 October 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, Patricia Roggeveen, and Whiting Willauer. Michael Kopko was absent. Chairman Atherton called the meeting to order at 6:00 PM. I. BOARD ACCEPTANCE OF AGENDA Chairman Atherton noted that agenda item VII. 2. will be postponed to 19 October 2011. The Board unanimously accepted the agenda as amended. II. ANNOUNCEMENTS 1. Assistant Town Manager Gregg Tivnan announced that October is Community Planning Month, which kicked off with a ribbon cutting ceremony on Saturday, 8 October 2011 for the Cliff Road bike path extension and was followed by a celebration on Main Street in honor of it being named one of the 10 Great Streets in America by the American Planning Association. Planning Director Andrew Vorce added there will be a Citizen Planner Workshop on Monday, 24 October 2011 at 2 Fairgrounds Road at which people from across the state will be present. Mr. Vorce requested that the Board adopt the Community Planning Month proclamation. Ms. Roggeveen moved to adopt the proclamation as presented; Mr. DeCosta seconded. So voted 4-0. At 6:05 PM Mr. Kopko joined the meeting. 2. Mr. Tivnan issued years of service pins for 2011 and acknowledged all employees being honored tonight. Mr. Tivnan and the Board recognized those present as follows: Anne Marie Crane and Ardis Gary of the Department of Public Works and Colleen Kinney, Shaunette Lindo, and Kerri Flaherty of Our Island Home, 5 years of service; Mike Burns of the Planning Office, 10 years of service; Francis Hanlon of the Fire Department and Gail Ellis and Ellen Ryder of Our Island Home, 15 years of service; Deborah Dilworth of the Finance Department, John Muhr of the Police Department, Mark McDougall of the Fire Department, Artell Crowley of Code Enforcement and Regulatory Services, Heidi Holdgate of Wannacomet Water, and Sherry Twomey of Our Island Home, 20 years of service; Kenneth Hammond of the DPW, 25 years of service; and Jeffrey Johnsen of Wannacomet, 35 years of service. Town Administration will issue service awards at a later date to those not in attendance: 5 years of service – Robert Dickinson/Finance, Robert Hollis Jr./Police, Christopher Beamish/Fire, Sean Mitchell/Fire, Jeffrey Carlson/Marine, Kyle Roberts/Wannacomet, Kristian Kieffer/Airport, Catherine Mack/Airport, Shanroy Nelson/Airport, and Patricia Perris/Human Resources; 10 years of service – John Allen/Fire, Christian Ray/Fire, Lawrence Ray/DPW, Anne Barrett/Code Enforcement, James Grieder/Code Enforcement, John Hayes/Our Island Home, Pamela Meriam/Human Services, and Ann Medina/Human Services; 15 years of service – Patricia Murphy/Finance and Pamela Butler/Finance; 20 years of service – Mohamed Nabulsi/DPW, Willard Baptiste/Our Island Home, Sheila Barrett/Our Island Home, Mary Patton/Our Island Home, and Gloria Sanders/Our Island Home; and 35 years of service – Christopher Pykosz/Wannacomet. 3. Mr. Tivnan announced that the 2012 Annual Town Meeting Warrant is open for citizen warrant article submittals until 14 November 2011 and two “How to Prepare a Warrant Article” sessions have been scheduled with Town Counsel on Wednesday, 19 October at 2:00 pm at the Town 2 Building Conference Room and Wednesday, 26 October at 2:00 pm in the Town Building Conference Room. III. PUBLIC COMMENT 1. Newly appointed Airport Commission member Dan Drake thanked the Board for appointing him and said that he welcomes comments from the Board and the public. IV. NEW BUSINESS None. V. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Payroll Warrant for Week Ending 9 October 2011. The payroll warrant for week ending 9 October 2011 was approved by the unanimous consent of the meeting. 2. Approval of Treasury Warrant for 12 October 2011. The treasury warrant for 12 October 2011 was approved by the unanimous consent of the meeting. 3. Approval of Pending Contracts for 12 October 2011. Mr. Tivnan reviewed the various pending contracts. Marine Superintendent Dave Fronzuto and Department of Public Works Director Kara Buzanoski reviewed their respective contracts and answered questions from the Board. The pending contracts for 12 October 2011 were approved by the unanimous consent of the meeting. VI. CITIZEN/DEPARTMENTAL REQUESTS 1. Council on Aging Member: Request for Special Municipal Employee Designation. Mr. Tivnan reviewed the request, noting there is a special municipal employee provision within the Conflict of Interest law. Mr. DeCosta spoke in favor of designating all committee members as special municipal employees in order to encourage citizens to serve on committees. Mr. DeCosta moved to designate Council on Aging Members as special municipal employees. A discussion followed among Board members as to whether other boards should be designated special municipal employees as well. Mr. Kopko seconded the motion. All in favor, so voted. 2. Request for Approval of Exemption on Disclosure of Financial Interest by Special Municipal Employee Pursuant to MGL Chapter 268A, Sections 20(c) and 20(d). Mr. Tivnan reviewed the request from David C. Gray Sr. regarding his appointment to the Airport Commission and being a call volunteer firefighter. Mr. Kopko moved to approve the exemption request; Ms. Roggeveen seconded. All in favor, so voted. 3. Nantucket Land Council: Request for Approval of Conservation Restriction (CR) to be Held by Nantucket Land Council, Inc. and Nantucket Islands Land Bank for Portions of Land Located on Hummock Pond Road, Known as Lots 47 and 78 on Land Court Plan No. 35893-H. Nantucket Land Council Executive Director Cormac Collier spoke in favor of the conservation restriction for the Hummock Pond of Nantucket Homeowners Association. Mr. Kopko moved to approve the conservation restriction as presented and to find that the CR is in the public interest; Ms. Roggeveen seconded. All on favor, so voted. 4. Planning Office: Request for Execution of Subordination Agreement Regarding Department of Housing and Community Development (DHCD) Community Development Block Grant (CDBG) 3 Homeowner Renovation Grant. Housing Planner Susan Witte reviewed the request to execute a subordination of mortgage for 16 Allens Lane, and answered questions from the Board. Ms. Roggeveen moved to execute the subordination of mortgage as requested; Mr. Willauer seconded. All in favor, so voted. 5. Planning Office: Request for Review/Endorsement of Proposed Plan for Hummock Pond Road Bike Path. Chairman Atherton noted that a private citizen has offered the Town $500,000 toward the construction of the Hummock Pond Road bike path, but said that the gift is contingent on an accelerated timeline for all three phases of the project. Mr. Vorce explained that if the bike path is funded through the state Transportation Improvement Program (TIP) it will take six years to construct, and that private donations will expedite this process. He added that the money appropriated to date for the bike path is for design only. Mr. Vorce thanked the Hummock Pond of Nantucket Homeowners Association for offering to grant an easement for the project; he added that the Nantucket Land Bank has also agreed to grant easements across its affected property and together, will take care of 50% of the necessary easements. Chairman Atherton stated that if further easements are not granted the Town will have to go through a taking process. Transportation Planner Mike Burns reviewed maps of the three phases of the Hummock Pond Road bike path, noting the path is set to run on the southeast side of Hummock Pond Road from the end of Milk Street to Cisco Beach. He said the estimated completion date is Memorial Weekend 2013 if funding is made available at the 2012 Annual Town Meeting. Mr. Burns reviewed an expedited project schedule from October 2011 to May 2013, right-of-way issues, wetland impacts, and a cost breakdown of the total construction estimate of $2,439,547. Mr. Burns answered questions from the Board. Neil Graner, president of the Hummock Pond of Nantucket Homeowners Association, said he hopes to raise an additional $1 million between the three different Hummock Pond associations. Mr. Burns said he feels the Hummock Pond Road homeowners have done a great job with public outreach and social media to help “push” the Hummock Pond Road bike path along. A discussion followed on running the bike path all the way down Milk Street. VII. TOWN MANAGER’S REPORT 1. Review of Status of Implementation of Memorandum of Understanding (MOU) with Airport Regarding Procurement Administration. Mr. Tivnan introduced Chief Procurement Officer Diane O’Neil to give a status of the implementation of the MOU between the Town and the Airport regarding procurement. Ms. O’Neil stated that Town Counsel is currently working on a memo to the Airport regarding the MOU that will clearly define the roles of the Town and the Airport. She noted that the process thus far has been “challenging” and said that half of her time is currently being spent on the Airport and Airport issues. Ms. O’Neil said that some invoices have been submitted that cannot by law be paid because there was no procurement and no contract for work performed. She added that she received a call from a commissioner who stated that the Town is being “difficult” regarding this issue. Chairman Atherton said he recognizes that this is an extraordinary time and he supports giving Ms. O’Neil extra resources. Mr. Kopko said he feels it is inappropriate for a commissioner appointed by the Board to call a Town employee as was done and that protocol needs to be discussed. Ms. Roggeveen concurred. Chairman Atherton said it is important to show the citizens that the Town is working on the issues and that the Board supports Ms. O’Neil’s work. Ms. Roggeveen said she feels the Board should move forward with the Airport like it did with the Finance Department to get the Airport “back on track”. Ms. O’Neil noted that the deadline for the forensic audit Request for Proposals is tomorrow and that three bids have been received to date. 4 Ms. O’Neil answered questions from the Board regarding unpaid Airport bills. Mr. DeCosta said the MOU states an assistant procurement person is to be hired if needed and paid for by the Airport, and said he feels we are very close to that need. Mr. Tivnan said Town Administration is currently working on a job description and job advertisement for that position. 2. Review of Health and Human Services Funding Recommendation Process for FY 2013. This matter was postponed to 19 October 2011. Mr. Tivnan noted that Town Administration recently convened a work group to discuss the logistics of the 2012 Annual Town Meeting which is scheduled to begin Saturday, 31 March 2011. VIII. SELECTMEN’S REPORTS/COMMENT 1. Nantucket Hunting Association: Progress Update Regarding Proposed Facility. Luke Natsis, vice president of the Nantucket Hunting Association, noted the group held a successful fundraiser in July and raised approximately $25,000. He said that a botanist is working on a conservation study to submit to Natural Heritage and is waiting on a moth study to incorporate into the study. He reviewed draft clubhouse and range plans with the Board, noting they have already been approved by the HDC, and stated that NHA has applied for funding from the Community Preservation Committee. Mr. Natsis reviewed the permits still required before construction begins, and answered questions from the Board. Cormac Collier encouraged the Board as the landowner to be involved in the Planning Board process to address the concerns of the neighbors of the shooting range. 2. Committee Reports. Mr. Willauer said he attended a meeting of the Commission on Disability this week, noting that the population is getting older and the Commission is issuing more permits. Mr. DeCosta said the Community Preservation Committee is starting to review applications for FY 2013 funding. IX. ADJOURNMENT The meeting was unanimously adjourned at 7:30 PM. Approved the 2nd day of November, 2011. BOARD OF SELECTMEN 12 OCTOBER 2011 – 6:00 PM PUBLIC SAFETY FACILITY COMMUNITY ROOM 4 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS List of documents used at the meeting: II. 1. Community Planning Month Proclamation II. 2. 2011 Years of Service awards list V. 3. Pending contracts spreadsheet for 12 October 2011 VI. 1. Email from Chuck Gifford/Council on Aging member re: Special Municipal employee designation; email from Town Counsel’s office VI. 2. Disclosure form from David C. Gray Sr. VI. 3. Report from Town Counsel’s office, re: Hummock Pond of Nantucket Homeowners Association CR; CR document; quitclaim deed; power of attorney; certification as to non- foreign status; mechanics lien affidavit; Land Bank Form B; assignment of rights, powers and reservations; transfer certificate of title; memo from attorney Stefan Nagel VI. 4. Subordination of Mortgage, re: 16 Allens Lane; recorded assignment of mortgage VI. 5. Draft implementation strategy, re: Hummock Pond Road bike path; PowerPoint presentation VII. 1. MOU between Town and Airport VII. 2. Proposed Health and Human Services funding recommendation process for FY 2013; email from Pamela Meriam VIII. 1. Email from Steven Holdgate, re: Hunting Association update; plans; amended and restated ground lease agreement dated 13 April 2011