HomeMy WebLinkAboutBoard of Selectmen Minutes October 12, 2011_201402061649156354
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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
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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)
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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.
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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