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HomeMy WebLinkAboutBOS 07-06-11BOARD OF SELECTMEN Minutes of the Meeting of 6 July 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 printed. Mr. Atherton noted on item under new business. II. ANNOUNCEMENTS 1. Army Corps of Engineers: Update on Tom Nevers Clean-up Project. Carol Charette reviewed FUDS program. A remedial investigation of Tom Nevers was done to determine the nature and extent of munitions and explosives. Jeff Brewer, ordinance expert, reviewed photographs of rockets found on site and did ordinance identification. Mr. Brewer reviewed the three “R’s” – recognize, retreat and report. Mr. Atherton stated the need to get the information up on the website. Town Manager C. Elizabeth Gibson stated posters are in the Town Building. 2. Code Enforcement and Regulatory Services Update. Richard Ray, acting director of the Health Department as of July 1, 2011, stated the Building Department, Historic District Commission and Health Department are all consolidated under new Department of Code Enforcement and Regulatory Services. There are new hours and files are to be available within twenty-four hours of request. Ms. Gibson stated they are looking into permit software which will make the process easier. 3. Police Chief: Fourth of July Follow-up. Kate Hamilton, Visitor Services, thanked all donors/departments/volunteers for their help. Chief Pittman, Nantucket Police Department, stated there were more people on island than in years past and that it was fairly orderly. The Chief reviewed island events over the weekend. He estimated 3,000 people were at Nobadeer. There were 333 calls for service, a decrease from prior years. It was a successful weekend for the island. Mr. Kopko stated the officers did an exemplary job at beaches and stated the Department is to be commended. Ms. Roggeveen is concerned regarding bike safety and would like to address the matter at some time. Ms. Roggeveen stated people need to be encouraged to share the road. Mohamed Nabulsi, Assistant Director of the Department of Public Works, stated there were dumpsters at Nobadeer Beach, Smith’s Point, Nobadeer, Cisco and Dionis. Six people were on call. Tuesday it took 24 man hours to clean up Nobadeer Beach and sort through trash requiring two extra Reis people to do so. Ms. Gibson stated she will be speaking with the airport regarding their role in cleaning up the beach as it is under their jurisdiction. Ms. Gibson thanks the clean team and others for their cleanup efforts. Mr. DeCosta stated regarding trash and the weekend that maybe the Town could hold some sort of workshop in the off season to discuss the situation. Mr. DeCosta commended the Police Department and the Department of Public Works. 4. 2012 Annual Town Meeting Date. Ms. Gibson stated the she discussed with the Town Moderator and Town Clerk the date for the 2012 Annual Town Meeting. The 2012 Annual Town Meeting will be held on April 2, 2012. Issues with Easter/Passover would have to continue to a later date. Annual Town Elections are scheduled for April 10, 2012. Ms. Roggeveen stated she is 1 opposed to holding the Annual Town Meeting on a Saturday. Mr. Atherton stated we should test the waters and discussed some possible dates with Town Administration. Greg Tivnan stated they will be floating a demo balloon tomorrow at the site of the proposed landfill. III. PUBLIC COMMENT Dick Arnold brought up issues with the Children’s Beach Boat Ramp and hopes the Town will address these issues. IV. NEW BUSINESS Ms. Watson, owner of the Starlight Theatre, would like permission for a midnight showing of Harry Potter next Thursday night. Mr. DeCosta moved to approve. Mr. Willauer seconded. All in favor, so voted. V. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Payroll Warrants for Weeks Ending 26 June 2011; 3 July 2011. The payroll warrants for weeks ending 26 June 2011; 3 July 2011 were approved by the unanimous consent of the Board. 2. Approval of Treasury Warrants for 29 June 2011; 6 July 2011. The treasury warrants for 29 June 2011; 6 July 2011, were approved by the unanimous consent of the Board. 3. Approval of Pending Contracts for 6 July 2011. Ms. Gibson reviewed various pending contracts. Ch. 90 requests, road resurfacing, based on PCI/pavement management report. This work is not to commence until late fall, early spring and would require MassDot approval. The Town is also trying to allow for time for any work to be done to roads before paving commencing. Mr. Willauer recused himself from all H&M contracts. Mr. Nabulsi answered questions from the Board. Mr. DeCosta made a motion to approve the contracts. Ms. Roggeveen seconded. So voted. 4-0. VI. PUBLIC HEARINGS 1. 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 (Continued from 25 May 2011; 22 June 2011). This public hearing was continued to August 17, 20122 with the consent of the Board. VII. CITIZEN/DEPARTMENTAL REQUESTS 1. 2011 – 2012 Annual Committee Appointments. Airport Commission – Gray and Gasbarro Agricultural Commission – appointed by acclimation Beach Management Advisory Committee – Vanlieu and Lang Capital Program Committee – appointed by acclimation Cemetery Committee – appointed by acclimation Conservation Commission – Steinaurer and Golding Council for Human Services – Beal, Andenos, Garneau, McGowan Council on Aging – Gifford, Wight, McGlinn Downtown – Mahon Energy Study – appointed by acclimation 2 Finance Committee – Tiffany, Mulcahy, Soverino, Fee Harbor Plan Implementation Committee – Coombs and Willauer Advisory Housing Trust Fund – appointed by acclimation Historic District Commission Committee – appointed by acclimation Parks and Recreation – Gardner by acclimation Planning Board Affordable Housing – appointed by acclimation Roads and Rights of Way Committee – Saperstein, Lowell, Ryder Scholarship Committee – Michael Kopko recused himself, appointed by acclimation SSA Port Council – appointed by acclimation TGSC – not applicants Tree Advisory Board – appointed by acclimation Visitor Services Committee – McCrae and Lanvee Zoning Board of Appeals – Koseatac Zoning Board of Appeals Affording Housing – Poor Erika Mooney to work with Committees on term expiration dates 7:13 PM – Whitey Willauer left the meeting 2. Our Island Home: Request for Acceptance of Gift of $100 from Janice and Charles Gardner for Our Island Home Gift Fund; Request for Acceptance of Gift of $5 from William and Nancy Squires for Our Island Home Gift Fund; Request for Acceptance of Gift of $100 from Ruth and Michael Slade for Our Island Home Gift Fund. Ms. Roggeveen moved to accept this request with letter of thanks. Mr. DeCosta seconded. So voted, 4-0. 3. Cisco Brewers: Request for Acceptance of Gift of $7,000 for Town’s Participation in Massachusetts Estuaries Project. Mr. Atherton reviewed this request. Mr. Kopko made a motion to accept the gift. Ms. Roggeveen seconded. So voted, 4-0. Art Gabarro, for Cisco, received certificates of compliance for non-hazard wastewater tank and septic. 4. Siasconset Casino Association: Request for Waiver of Town Noise Bylaw from 10:00 PM to 10:30 PM for Event on 16 July 2011. Mr. DeCosta made a motion to approve this request. Ms. Roggeveen seconded. So voted, 4-0. 5. Request for Approval of Application of Great Harbor Yacht Club, Inc. for a Change of Manager for Seasonal All-Alcoholic Beverages Club License, Stephen Creese, Manager, for Premises Located at 96 Washington Street, Nantucket. Mr. DeCosta made a motion to approve this request. Ms. Roggeveen seconded. So voted, 4-0. 6. Egan Maritime Institute: Appeal of Penalty Fee for Delay in Annual Building Inspection. Mr. Kopko made a motion to take no action. Ms. Roggeveen seconded. So voted, 4-0. 7:18 PM – Whitey Willauer returned to the meeting 7. Nantucket Preservation Trust: Request for Approval of Preservation Restriction to be Held by Nantucket Preservation Trust, Inc. for “Greater Light” Property Located at 8 Howard Street, Nantucket. Mr. Kopko stated he finds the preservation restriction in the public interests and moves to approve the request. Ms. Roggeveen seconded. All in favor, so voted. 4-0. 3 8. Roads and Right of Way: Sconset Bluff Foot-path Public Access Subcommittee Update. Allen Reinhard, Roads and Right of Way Committee member, stated regarding the Sconset Footpath, a subcommittee was formed a year ago. The issue was lateral ways/access, maintenance and signing. Mr. Reinhard complemented the DPW and stated they are doing a great job maintaining the path with no litter on the path. They are working on discrete signs which the DPW will install. 9. Request for Execution of Purchase and Sale Agreement, Quitclaim Deed, and Settlement Statement for Conveyance of Town “Yard Sale” Property Described as Parcel One, Harriett Street as Shown on Nantucket County Registry of Deeds Plan No. 2010-52, Pursuant to Vote on Article 77 of 2010 Annual Town Meeting. Andrew Vorce, Planning Director, reviewed the yard sale for Harriett and answered questions from the Board. Ms. Roggeveen moved to approve. Mr. DeCosta seconded. All in favor, so voted. 10. Request for Execution of Order of Taking by Eminent Domain of Unnamed Way off Baxter Road Pursuant to Vote on Article 74 of 2010 Annual Town Meeting. Mr. Vorce review the way and the lateral connection to the Sconset footpath. Mr. Roggeveen read the motion and moved to approve. Mr. Kopko seconded. All in favor, so voted. 11. Request for Execution of Quitclaim Deed for Conveyance of Town-owned Property Described as Parcels T and U as Shown on Nantucket County Registry of Deeds Plan No. 2010-53 to Nantucket Islands Land Bank, Pursuant to Vote on Article 77 of 2010 Annual Town Meeting. Mr. Vorce reviewed parcels T and U. These parcels abut Land Bank parking. Mr. Kopko moved to approve. Ms. Roggeveen seconded. All in favor, so voted. 12. Request for Execution of Quitclaim Deed for Conveyance of Town-owned Property Described as Parcel 1 off Western Avenue as Shown on Plan of Land Entitled “Perimeter Plan of Land in Nantucket, Mass., Prepared for Town of Nantucket, Scale: 1”= 60’, June 6, 2011,” Prepared by Blackwell and Associates, Inc. and a Parcel of Land as Shown on Plan of Land Entitled “Old Railroad Bed” Dated 29 December 2000, Recorded with Nantucket County Registry of Deeds as Plan No. 8 of 2001 to Nantucket Islands Land Bank, Pursuant to Vote on Article 75 of 2007 Annual Town Meeting. Mr. Vorce reviewed the exchange related to item number 13. Nantucket Land Bank did yeoman’s work/resources on permitting of industrial site. The property provides a greenbelt connection. In return, Nantucket Land Bank is conveying valuable property off industry road. Mr. DeCosta moved to approve. Ms. Roggeveen seconded. All in favor. So voted. 13. Request for Acceptance of Quitclaim Deed from Nantucket Islands Land Bank to Town for Property Located off Old South Road and Known as South Pasture Lots F and I on Plan of Land Entitled “Subdivision Plan of Land in Nantucket, MA” Dated 11 May 2010, Recorded with Nantucket County Registry of Deeds as Plan No. 62 of 2010, Pursuant to Terms of Memorandum of Understanding Dated 27 January 2010 and Amended 28 April 2010. Mr. Vorce reviewed request. This completes a major transfer of parcels between the Town and the Land Bank. Mr. Atherton thanks all involved. Mr. Kopko thanked Brian Chadwick. Diana Brown, Nantucket Community Sailing, stated at 2010 Annual Town Meeting article authorized Town to lease land. Ms. Brown looks forward to responding to RFP. She thanked Mr. Vorce for his work. Ms. Roggeveen moved to approve. Mr. DeCosta seconded. All in favor, so voted. 4 VIII. TOWN MANAGER’S REPORT 1. Appointments: Advisory Committee of Non-Voting Taxpayers; Commission on Disability; Department of Inspectional Services; Taxi Advisory Committee. Advisory Committee of Non-Voting Taxpayers – appointment incumbents Commission on Disability – Appoint Topham, Rowland and Snell Department of Inspectional Services – Appoint as listed Taxi Advisory Committee – Appoint all. 2. Wastewater Action Plan Update. Wastewater Meeting next Wednesday, 4-6 PM, PSF Community Room. Focusing on Madaket including water now to Madaket, Board of Health Regulations in place; Madaket Harbor/Long Pond Estuaries. The Board is about to issue a newsletter, part of contract with Woodard & Curran. It will be mailed out and available on website. 3. FY 2011 Budget Year-End Update. Irene Larivee, updated as of July 6. A cleaned up warrant coming. IX. SELECTMEN’S REPORTS/COMMENT 1. Discussion Regarding Finance Committee Request to Engage Outside Auditor to conduct Independent Departmental Review of the Airport. Mr. Atherton stated that all members received a letter from the Chairman of the Finance Committee with attached airport paving subcommittee report. The Board has requested an outside auditor to conduct independent department review of airport. Ms. Roggeveen is wondering about the cost. Mr. Atherton is unsure. The idea is to ask the airport to pay but selection lays with the Town. The Finance Committee has offered to cover with reserve fund. A discussion was held about questions raised in the report. Ms. Roggeveen would like an audit estimate before taking action. Mr. Kopko suggests the Board reach out to the Airport Commission and approach as a joint effort. Ms. Atherton stated they could possibly ask the Chairman of the Airport Commission to address the Board and also the Finance Committee Chairman and Subcommittee Chair. A discussion was held. Mr. Atherton put it on the agenda for July 20, 2011 and requested the Finance Committee and the Airport Committee Chairs to attend and to wait on estimate until after that meeting. 2. Discussion Regarding Valet Parking. Assistant Town Manager, Greg Tivnan, stated that based on the Board recommendation to Town Administration, Town Administration convened a nine member work group, scaled proposal to be more manageable/feasible for summer regarding valet parking. They are not suggesting an RFP but rather license agreement, can specify insurance, term clauses, length of agreement, fees (no charge this year because it is a pilot program). It will begin on July 15 through Labor Day, 7 days a week, 6:00 PM to midnight. The group would recommend not entertaining staging area by Ralph Lauren and Saltmarsh lot. The group recommends staging three spots by Broad and S. Water, better for flow of traffic. The snag will be using Jetties – proposer (Nantucket Valet) did not approach Parks and Recreation regarding using upper lot at Jetties. Chairman of the Parks and Recreation is unwilling to commit because of Open Meeting Law. The Parks and Recreation Committee doesn’t meet again until July 21, 2011. Mr. Tivnan stated that no one has approached the Historic District Commission (HDC) yet. M. Voist willing to bring to the HDC but not sure if the HDC will sign off. Mr. Tivnan feels a smaller pilot program would be better for the Town and it will be reviewed in September. The committee recommends advertising in the Inquirer and Mirror to solicit bids for license agreement. Ms. Roggeveen is reluctant to wait and is content to move forward with Nantucket Valet. Mr. Kopko has 5 an issue with the staging area in front of the Town Building. A discussion was held. Mr. DeCosta made a motion to approve the pilot program with Nantucket Valet and use three parking spaces on Broad Street in front of the Town Building and have Parks and Recreation hold meeting at earliest possible time. Ms. Roggeveen seconded. Mr. Kopko spoke against using space identified and stated he cannot support the motion. Mr. Kopko is also wondering if there is a mechanism for a monitoring program if three are problems and can the program be shut down if there is a problem. So voted, 4-1. Mr. Kopko opposed. Ms. Roggeveen thanked Mr. DeCosta for pushing this through. Ms. Gibson stated regarding goals, the valet is on the list of items that take up time not spent on goal items. Discussion was held on NRTA service to Jetties at cost of $35,000.00. Mr. Kopko would like to follow-up on this. 3. Committee Reports. Mr. Kopko stated the NCTV is advertising to hire a director. They hope to have the facility and director in place by early fall. X. ADJOURNMENT The meeting was unanimously adjourned at 8:40 PM. Approved the 1st day of February, 2017. 6 BOARD OF SELECTMEN JULY 6, 2011 – 6:00 PM PUBLIC SAFETY FACILITY COMMUNITY ROOM 4 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS List of documents used at the meeting: II. 1. Army Corps of Engineers presentation, re: Tom Nevers clean-up project V. 3. Pending contracts spreadsheet of July 6, 2011 VI. 1. Memo from Director of Planning Andrew Vorce, re: taking of various “paper” street and two parcels of land; site map; memo from Catherine Flanagan Stover; copy of ATM article 25 VII. 1. List of Committee appointments; Airport Commission applications from: Justin Strauss, David C. Gray Sr., Arthur D. Gasbarro, Robert J. Atlee, Stephen Drabkin, John R. Schwanbeck; Agricultural Commission applications from: Amy Zielinski, Campbell Sutton, Dylan H. Wallace, Danny Baird; Beach Management Advisory Committee applications from: Maria Zodda, Kathleen Van Lieu, Diane Lang; Capital Program applications from: Carol Dunton and Peter Boynton; Cemetery Committee application from: James McIntosh; Conservation Commission applications from: Ernest Steinauer, Ian Golding, Diane Lang, John R. Wagley; Council for Human Services applications from: Teal Miller Beal, Margareta Andrews, Linda F. Williams, Bart Koon Cosgrove, Jeanette Garneau, Daisy M. Perez, Holly McGowan, Wendy McCrae; Council on Aging applications from: Chuck Gifford, Kathleen Richen, Michael M. Miner, Randall C. Wight, Tom McGlinn; Cultural Council applications from: John Belash, Linda Spery, Wendy McCrae; Downtown Revitalization Committee applications from: Gene Mahon, John R. Wagley; ESC applications from: Ken Blackshaw, Anne M. Kuszpa, Zachary Dusseau, Ian Golding; Finance Committee applications from: John E. Tiffany, Ken Blackshaw, Carol Dunton, Dr. Matthew Mulcahy, Timothy Soverino, Matt Fee; Harbor Plan Implementation Committee applications from: Diane W. B. Coombs, Whitey Willauer, Ian Golding; Affordable Housing Trust applications from: Charles A. Hughes, Fernando M. Esteban; Historical Commission application from: Philip Gallagher; Parks and Recreation application from Charles “Jack” Gardner; Planning Board application from: Jean Wagley; ROW applications from: Lee. W. Saperstein, Nathaniel Lowell, Bert Ryder, David Glidden, Richard Cooper, Ian Golding, Joseph Marcklinger; Scholarship Committee applications from: David Fronzuto, Erika Mooney; SSA Port Council application from: Nathaniel Lowell; Tree Committee application from: Paul C. Droz; Visitor Services Advisory Committee applications from Wendy McCrae, Linda F. Williams, David Larivee; ZBA applications from: Kerim Koseatac, Joseph Marcklinger, John Wagley, Mark W. Poor VII. 2. Emails from Rachel Day, re: gift acceptances to OIH VII. 3. Cover letter from Cisco Brewers, re: gift acceptance VII. 4. Cover letter from Siasconset Casino Association Manager Michael Coleman, re: hour extension for special occasion VII. 5. Cover letter from Great Harbor Yacht Club CEO Stacey Leo, re: change of manager; ABCC application form; petition for change of license; applicant personal information form; manager application VII. 6. Cover letter from Egan Maritime Institute Executive Director Jean Grimmer, re: appeal of penalty fee; departmental emails VII. 7. Letter from Nantucket Preservation Trust Executive Director Michael May, re: preservation restriction for Nantucket Historical Association; copy of restriction VII. 8. Sconset GIS map sheet; Roads and Right of Way committee next steps report VII. 9. Copy of purchase and sale agreement, quitclaim deed, settlement statement, and order of taking re: portion of Harriet Street VII. 10. Order of taking, re: unnamed way off Baxter Road VII. 11. Quitclaim deed, re: parcels T and U on plan 2010-53 VII. 12. Quitclaim deed, re: parcel 1 off Western Avenue VII. 13. Draft copy of quitclaim deed, re: South Pasture lots F and I VIII. 1. List of Town Manager committee appointments IX. 1. Letter from Finance Committee Chairman Jim Kelly, re: outside auditor to conduct departmental review of the airport; copy of the report of the Finance Committee Sub-Committee on Paving Contracts; memo from Al Peterson; invoice from Victor – Brandon Corp.