HomeMy WebLinkAboutBoard of Selectmen Minutes September 21, 2011_201402061649171198BOARD OF SELECTMEN
Minutes of the Meeting of 21 September 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 6:00 PM.
I. BOARD ACCEPTANCE OF AGENDA
The Board unanimously accepted the agenda as presented.
II. ANNOUNCEMENTS
1. Town Manager C. Elizabeth Gibson thanked the organizers of last weekend’s Island Fair
including Ray Owen, Campbell Sutton, Jesse Pykosz, Tara Iverson, Maryanne Worth, Jimmy
Manchester, and Maria Zodda.
2. Ms. Gibson reported on Monday’s Conflict of Interest law workshops held by Lauren Goldberg of
the Town’s law firm Kopelman and Paige, noting that 114 people signed up and 108 attended. Mr.
DeCosta said he attended and would like to add the topic of Special Municipal Employees as a
future agenda item.
3. Ms. Gibson said she is working on a draft letter to the U.S. Postal Service regarding the
proposed closure of the mid-island post office and asked the Board to contact her with any
thoughts or comments.
III. PUBLIC COMMENT
None.
IV. NEW BUSINESS
1. Execution of Memorandum of Understanding with Airport Regarding Procurement
Administration. Chairman Atherton stated that at last week’s meeting he and the Town Manager
briefly reported on the Attorney General’s recent visit regarding the Airport. He said that the Town
is moving the Airport procurement to the Town’s Procurement Officer. He noted that the Airport
Commission has posted a public meeting for Tuesday, 27 September 2011 at 5:00 PM at the PSF
Community Room with an executive session to follow to “conduct strategy session in preparation
for contract negotiations with the Airport Manager”. Chairman Atherton said that Town Counsel will
be present and he and the Town Manager have been asked to attend. He asked the Board to
execute a Memorandum of Understanding with the Airport as reviewed by both Town Counsel and
the Attorney General. Mr. Kopko moved to execute the Memorandum of Understanding as
presented; Ms. Roggeveen seconded. All in favor, so voted.
V. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Minutes of 3 August 2011 at 6:00 PM; 7 September 2011 at 6:00 PM. The minutes
were approved as presented by the unanimous consent of the meeting.
2. Approval of Payroll Warrant for Week Ending 18 September 2011. The payroll warrant for week
ending 18 September 2011 was approved by the unanimous consent of the meeting.
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3. Approval of Treasury Warrant for 21 September 2011. The treasury warrant for 21 September
2011 was approved by the unanimous consent of the meeting.
4. Approval of Pending Contracts for 21 September 2011. Ms. Gibson reviewed the pending
contract and answered questions from the Board. The pending contract for 21 September 2011
was approved by the unanimous consent of the meeting.
VI. CITIZEN/DEPARTMENTAL REQUESTS
1. Discuss Possible Comments Regarding Proposed Sachem’s Path 40B Development. Ms.
Gibson explained that the Town has received a copy of the Nantucket Housing Authority’s
Sachem’s Path Development site approval application, that staff has met and reviewed the
application, and the Planning Office drafted a letter to MassHousing as the property is Town-
owned. Planning Director Andrew Vorce noted the development will consist of 46 affordable
housing units. Ms. Gibson and Mr. Vorce reviewed the issues covered in the draft letter, including
traffic and egress, parking, sewer, dwellings, infrastructure, and financial feasibility. Ms.
Roggeveen said she is concerned about traffic impacts and its close proximity to the schools. Mr.
DeCosta said he is concerned about parking, and said he would like to see adequate parking and
wide enough roads so as not to have issues being currently experienced on Macys Lane. Mr.
Vorce stated the development will go before the Zoning Board of Appeals. He answered questions
from the Board. Ms. Gibson noted that there is a planned site visit tomorrow at 10:30 AM with the
MassHousing Finance Agency.
2. Resignation: Beach Management Advisory Committee. Chairman Atherton reviewed Chris
Magee’s resignation from the Beach Management Advisory Committee. Mr. Willauer moved to
accept Mr. Magee’s resignation and to send him a letter of thanks for his service; Mr. DeCosta
seconded. All in favor, so voted.
3. Resignation(s): Airport Commission. Chairman Atherton reviewed Foley Vaughan’s resignation
from the Airport Commission. Ms. Roggeveen moved to accept Mr. Vaughan’s resignation and to
send him a letter of thanks for his service; Mr. Willauer seconded. All in favor, so voted. Mr. Kopko
asked about the possible plural resignations as indicated in the agenda, noting he hopes to see “a
couple more” resignations from the Airport Commission, adding that if the Board does not receive
additional resignations, that the Board should request them. Ms. Roggeveen stated the Board is
concerned, as is the Attorney General’s office, and she said she encourages discussion with the
Airport Commission in the next few weeks. Mr. Willauer said there needs to be a three-member
Airport Commission to ensure business is conducted. Chairman Atherton stated there are no
further resignations at this point.
4. Appointment(s): Airport Commission. Chairman Atherton noted that the Airport Commission vice
chairman will be acting chair until the vacancy can be advertised and filled. Some discussion
followed about having regular Airport Commission updates similar to the audit process. Chairman
Atherton said the vacancy will be advertised and appointments will be made on 5 October 2011.
5. Nantucket Land Council: Request for Preliminary Review of Conservation Restriction to be Held
by Nantucket Land Council, Inc. and Nantucket Islands Land Bank for Hummock Pond of
Nantucket Homeowners Association, Inc. Cluster Open Space. Nantucket Land Council executive
director Cormac Collier requested that the conservation restriction (CR) as presented be sent to
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Town Counsel for formal review. He reviewed the CR, noting one reserved right of the Hummock
Pond of Nantucket Homeowners Association is to grant an easement to the Town for a bike path.
He added this subdivision was one of the first cluster subdivisions on Nantucket. The Board was in
consensus to forward the CR to Town Counsel for formal review.
6. Nantucket Land Council: Request for Preliminary Review of Conservation Restriction to be Held
by Nantucket Land Council, Inc. for Portion of Land Located at 12 Uncatena Street. Mr. Collier
reviewed the CR, and clarified that the CR is not a portion of land, but rather a separate lot to be
restricted in its entirety. He added that the CR is in conformance with the Town Master Plan and
the Surfside Area Plan. Mr. Collier answered questions from the Board. Mr. Vorce noted that the
Planning Office is working with the owners of 12 Uncatena Street to remove paper streets adjacent
to the lot and he would like to see the yard sale parcels included in the CR. Mr. Collier said the CR
can be amended and he would be in favor of including the yard sale parcels in the CR. The Board
was in consensus to forward the CR to Town Counsel for formal review.
VII. PUBLIC HEARINGS
1. Public Hearing to Discuss Citizen Concerns Regarding the Children’s Beach Boat Ramp.
Chairman Atherton opened the public hearing and invited citizens to address the Board. Dick
Arnold stated that he started discussing issues with the Children’s Beach boat ramp in November
2007 and claimed there are three major deficiencies: the pitch of the ramp is insufficient; there
were gulleys on the edges of the ramp; and there are no vertical piers to fend off boats from the
ramp. Marine Superintendent Dave Fronzuto reviewed the history of the boat ramp and reviewed
aerial maps from 2003 and 2007 and a construction diagram from the Army Corps of Engineers
permit. Mr. Fronzuto then reviewed the design improvements of the new boat ramp including
widening the ramp, increasing the pitch and increasing the length. He added that since Memorial
Day 2007, approximately 36,000 boats have been launched or recovered from the Children’s
Beach boat ramp and there have been only two complaints. Mr. Fronzuto said regarding Mr.
Arnold’s request for vertical piers, that is used on docks for permanent structures and the boat
ramp was not designed as a dock, but rather as a temporary tie-up. He stated that he researched
seven other communities and none of them have a boat ramp this long or wide and he feels the
Town’s boat ramp serves the public well. Mr. DeCosta noted that the Children’s Beach boat ramp
is the only public ramp in Nantucket Harbor and suggested an angled bumper be installed on the
edge of the dock to eliminate scratching boats. He said he feels the angle of the ramp is fine. Some
discussion followed. Mr. Arnold says he has seen axels “littering” the boat ramp, not recently, but
after the new ramp was installed. Chairman Atherton closed the public hearing. No action was
taken.
2. Public Hearing to Consider Amending the Marine and Coastal Resources Fee Schedule.
Chairman Atherton opened the public hearing. Ms. Gibson suggested the Board bifurcate its votes
to ensure there are no conflicts of interest. Regarding mooring fees, Mr. DeCosta and Mr. Willauer
recused themselves from the matter. Mr. Fronzuto reviewed the proposed new mooring fees,
noting there has not been an increase since 2001. Ms. Roggeveen moved to approve the mooring
fee as presented; Mr. Kopko seconded. So voted 3-0. Regarding scallop boxes, Mr. DeCosta and
Mr. Kopko recused themselves from the matter. Mr. Fronzuto reviewed the costs of scallop boxes,
noting there is no profit and the fee increase is to cover the shipping costs to the Island. Ms.
Roggeveen moved to approve the new scallop box fee as presented; Mr. Willauer seconded. So
voted 3-0. Regarding excursion/charter fees, Mr. DeCosta recused himself from this matter. Mr.
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Fronzuto said that the Harbor and Shellfish Advisory Board (SHAB) did not recommend approval of
the excursion/charter fees and he was in favor of removing these proposed fees from the fee
schedule. No Board action was taken on excursion/charter fees. Mr. Fronzuto reviewed the
proposed new fees for cruise ships. Mr. DeCosta suggested using income from the new fees to
install two new heavy duty moorings so cruise ships stop dropping anchor in the harbor. Mr.
Fronzuto said he would look into the suggestion. Ms. Roggeveen moved to approve the new cruise
ship fee as presented; Mr. DeCosta seconded. All in favor, so voted. Mr. Fronzuto stated that
concerning the proposed recreational weekend shellfish permit fee, that SHAB recommends
increasing the permit to a full week. Mr. Fronzuto said he is in favor of that recommendation. Mr.
Kopko moved to approve the new recreational shellfish permit fee per week; Mr. DeCosta
seconded. All in favor, so voted. Regarding private mooring fees, Mr. DeCosta and Mr. Willauer
recused themselves from this matter. Mr. Fronzuto reviewed proposed private mooring fees. Mr.
Fronzuto answered questions form the audience. Ms. Roggeveen moved to approve the new
private mooring fees as presented; Mr. Kopko seconded. So voted 3-0. After some discussion, the
Board consensus was to make the new fees effective 1 January 2012. Chairman Atherton closed
the public hearing.
3. Public Hearing to Consider Applications for Cemetery Commission for the Town of Nantucket.
Chairman Atherton opened the public hearing. Mr. Kopko noted there are five seats available on
the Cemetery Commission and only two applications were submitted. A discussion followed among
Board members regarding possible reconsideration of the public hearing process for committee
appointments. Allen Reinhard spoke in favor of his application. Mr. Kopko moved to continue the
public hearing to 5 October 2011 to allow time for more applicants to come forward; Mr. Willauer
seconded. All in favor, so voted.
4. Public Hearing to Consider Applications for Mosquito Control Advisory Committee. Chairman
Atherton opened the public hearing and reviewed the make-up of the Mosquito Control Advisory
Committee, noting there are two seats for citizens. Charles Stott, Ken Giles, and Dan Drake spoke
in favor of their respective applications. Mr. DeCosta said he is concerned that it seems like
mosquitoes are only a Madaket issue. Chairman Atherton suggested postponing the citizen
appointments to see if more applicants from other parts of the Island will come forward. Mr.
DeCosta recommended waiting one week to make appointments and the Board consensus was to
agree. Chairman Atherton closed the public hearing.
VIII. TOWN MANAGER’S REPORT
1. Appointment: Commission on Disability. Ms. Gibson recommended that Billie Olson fill the
vacancy on the Commission on Disability. Mr. Kopko moved to endorse the appointment of Ms.
Olson to fill a vacancy on the Commission on Disability, said term to expire 30 June 2013; Ms.
Roggeveen seconded. All in favor, so voted.
2. Request for Vacation Carryover per Town Manager Employment Contract. Ms. Gibson reviewed
her vacation carryover request, noting that her new employment contract requires that a request for
carryover of more than three weeks needs to go to the full Board for approval. She stated that she
researched other communities and most did not require Board approval at a public meeting;
however, she understands the Board’s concerns over accruing vacation time and said she is open
to discussion at the next contract negotiation. Some discussion followed. Mr. DeCosta moved to
approve Ms. Gibson’s vacation carryover request as presented with the understanding that the
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matter will be discussed at the next contract negotiation; Mr. Kopko seconded. All in favor, so
voted.
IX. SELECTMEN’S REPORTS/COMMENT
1. Committee Reports. Mr. Kopko reported on Nantucket Community Television, noting that board
is getting close to naming an executive director. Mr. DeCosta updated the Board on the community
Preservation Committee. Mr. Willauer said he attended a recent Steamship Authority board
meeting, an energy meeting with the vice presidents of National Grid, and SHAB.
X. ADJOURNMENT
The meeting was unanimously adjourned at 8:00 PM.
Approved the 4th day of January, 2012.
BOARD OF SELECTMEN
21 SEPTEMBER 2011 – 6:00 PM
PUBLIC SAFETY FACILITY COMMUNITY ROOM
4 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
IV. 1. Draft Memorandum of Understanding between BOS, Town Manager, Airport Commission
V. 1. Draft minutes of 3 August 2011 at 6:00 PM; 7 September 2011 at 6:00 PM
V. 4. Pending contracts spreadsheet for 21 September 2011
VI. 1. Sachem’s Path project summary; letter from Town to MassHousing; letter from
MassHousing to Board of Selectmen; draft letter from Town to MassHousing
VI. 2. Email from Chris Magee, re: resignation from Beach Management Advisory Committee
VI. 3. Letter from Foley Vaughan, re: resignation from Airport Commission
VI. 4. Airport Commission membership; Airport Commission committee interest forms from June
2011 renewal period
VI. 5. Memo from Stephan Nagel, re: conservation restriction (CR) for Hummock Pond of
Nantucket Homeowners Association; draft CR
VI. 6. Cover letter from Nantucket Land Council, re: 12 Uncatena Street CR; draft CR
VII. 1. “Public Petition Demand and Application”, re: Children’s Beach boat ramp from Richard
Arnold; memo from Marine and Coastal Resources Department; aerial maps; overlay
drawing
VII. 2. Proposed fee schedule; memo from SHAB
VII. 3. Chapter 47 of the Acts of the Commonwealth of Massachusetts of 2011; committee
interest forms
VII. 4. Draft committee membership and charge; committee interest forms
VIII. 1. Commission on Disability membership; committee interest form
VIII. 2. Memo from Town Manager, re: vacation carryover request; Article 5 of employment
contract; email from Town Manager; executed vacation carryover request from 2010