HomeMy WebLinkAboutBOS 12-07-11BOARD OF SELECTMEN Minutes of the Meeting of 7 December 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, and Whiting Willauer. Patricia Roggeveen was absent. Chairman Atherton called the meeting to order at 6:01 PM. Mr. Atherton requested a Moment of Silence for Pearl Harbor Rememberance Day. WWII had an impact on Nantucket as Ruth Flanagan was there as a thirteen year old. Her father, Daniel Joseph Murphy was a radioman in the Navy. I. BOARD ACCEPTANCE OF AGENDA The Board unanimously accepted the agenda as presented. II. ANNOUNCEMENTS 1. Congratulations to the Whalers on their Superbowl win. Ms. Gibson offered congratulations to the Whalers on their Superbowl win. 2. Coastal Erosion Public Forum to be Held Monday, 12 December 2011 from 4:00 PM to 6:00 PM at Public Safety Facility Training Room, 4 Fairgrounds Road. Ms. Gibson announced there would be a Coastal Erosion Public Forum to be held on Monday, December 12, 2011 from 4:00 PM to 6:00 PM at the PSF Training Room, 4 Fairgrounds Road.
3. Landfill Billing Payment Due Date Change From 90 Days to 60 Days, Effective 1 January 2012. Ms. Gibson announced the landfill billing payment due date will change from 90 days to 60 days effective January 1, 2012. 4. There will be no meeting on December 28, 2011. There will be no meeting on December 28, 2011. III. PUBLIC COMMENT None. IV. NEW BUSINESS None. V. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Minutes of 12 January 2011 at 6:00 PM; 6 October 2011 at 9:00 AM. The minutes of 12 January 2011; 6 October 2011 were approved by the unanimous consent of the Board. 2. Approval of Payroll Warrants for Weeks Ending 20 November 2011; 27 November 2011; 4 December 2011. The payroll warrants for weeks ending 20 November 2011; 27 November 2011, 4 December 2011, were approved by the unanimous consent of the Board.
3. Approval of Treasury Warrants for 23 November 2011; 30 November 2011; 7 December 2011. The treasury warrants for 23 November 2011, 30 November 2011, 7 December 2011, were approved by the unanimous consent of the Board. 4. Approval of Pending Contracts for 7 December 2011. Ms. Gibson reviewed pending contracts for 7 December 2011. Ms. Gibson discussed her conflict with Denby Real Estate and has filed a
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disclosure with the Town Clerk. A discussion was held on Constellation Energy contract. Mr. Atherton stated the contract with Al Peterson was signed by Mr. Peterson and approved by the Airport Commission by a 3-2 vote. Dan Drake, Airport Commission, stated the dollar amount was determined by regulation in framework of contract. Mr. Drake answered questions from the Board. Mr. Kopko asked to vote separately on the Peterson contract. The five other contracts were approved by the unanimous consent of the Board. Mr. DeCosta moved to approve the Peterson contract. Mr. Willauer seconded. So voted. 4-1. Mr. Kopko opposed. VI. TOWN ADMINISTRATION 1. Barnstable County Retirement System Presentation. Randall Sherman, elected member of the Barnstable County Retirement System since 1978 reviewed the Massachusetts retirement system, the Barnstable County retirement system and pension reform. Mr. DeCosta left the meeting at 6:24 PM.; returned at 6:25 PM. Randall answered questions from the Board throughout. VII. CITIZEN/DEPARTMENTAL REQUESTS 1. Parks and Recreation Commission: Request for Acceptance of Gift of $5,000 from Ozone Classic for Nantucket Skate Park. Mr. Atherton thanked Ozone Classic. Mr. DeCosta moved to accept. Mr. Kopko seconded. All in favor, so voted. 2. Request for Acceptance of Resignation of Paul Nicholson from Nantucket Historical Commission. Mr. Kopko moved to accept with letter of thanks. Mr. Willauer seconded. All in favor, so voted. 3. Sustainable Nantucket: Request for Approval for 2012 Farmers and Artisans Market Street and Sidewalk Blocking Permit. Michelle Whelan spoke in favor of application. Mr. Kopko moved to approve. Mr. DeCosta seconded. Jeff Weiner, owner of the Starlight, is opposed to the location as it directly affects his business and he has had to reschedule food and liquor deliveries and has concerns for safety if emergency occurs. He suggested the Town parking lot. Ms. Roggeveen has heard from other businesses and St. Mary’s. She suggested it may be time to consider new location. Ms. Whelan spoke in favor of keeping the location where it is. A discussion was held. Mr. Kopko feels it has been successful over the past few years. Chief Pittman, Nantucket Police Department, feels comfortable with emergency access. A further discussion was held. Ms. Roggeveen moved to wait two to three weeks. Mr. DeCosta seconded. All in favor, so voted. Mr. Kopko stated the motion was already on the table. Mr. DeCosta took back the second. 4. Nantucket Dreamland Foundation: Request for Preliminary Review of Preservation Restriction to be Held by Town of Nantucket and Administered by Nantucket Historic District Commission for Dreamland Theatre Located at 17 South Water Street and 18 Easy Street (Continued from 16 November 2011). Ms. Roggeveen recused herself. Mr. Kopko stated previous concerns were answered by counsel. Mr. DeCosta made a motion to approve Preservation Restriction and find in the public interest. Mr. Kopko seconded. So voted, 4-0. 5. Nantucket Land Council: Request for Approval of Conservation Restriction to be Held by Nantucket Land Council, Inc. for Land Located at 12 Uncatena Street. Cormac Collier, Nantucket Land Council, spoke in favor. Mr. Kopko made a motion to approve the Conservation Restriction and find in the public interest. Ms. Roggeveen seconded. All in favor, so voted.
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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 33 Jefferson Avenue. Mr. Collier spoke in favor of this request and answered questions from the Board. Kevin Dale, represented the Sheffield-Veldo families stated this represents ten months of negotiations and that 7500 square feet to be kept as open space. All the neighbors agree with this. It was the consensus of the Board to send to Town Council for formal review. 7. Planning Office: Request for Acceptance of Bicycle Path Easement from Lawrence M. Maury, Trustee of Austin Farm Realty Trust, Shown on Plan of Land Entitled “Definitive Plan of Land in Nantucket, Massachusetts”, Prepared by Nantucket Surveyors, Inc., Dated June 25, 1985 and Recorded with Nantucket County Registry of Deeds as Book 20-C, Page 1. Andrew Vorce, Planning Director, review requested granted to the Town in 1985. Mr. DeCosta made a motion to accept. Ms. Roggeveen seconded. All in favor, so voted. Mr. Atherton asked Mr. Vorce to comment on the Hummock Pond Road bike path. Mr. Vorce stated the centerline of path has been staked and can be viewed. It is moving forward as planned. 8. Planning Office: Request for Execution of Purchase and Sale Agreement, Quitclaim Deed, and Settlement Statement for Parcel A, Holly Street, Shown on Plan of Land Entitled “Roadway Acquisition, Disposition Plan in Nantucket, Mass., A Portion of Holly Street, Assessors Map 80 & 87, Prepared by Bracken Engineering, Inc.”, Dated May 4, 2011, and Recorded with Nantucket County Registry of Deeds as Plan No. 2011-22, Pursuant to Vote on Article 99 of 2011 Annual Town Meeting. Mr. Vorce reviewed the Holly Street map. Mr. DeCosta made a motion to approve. Mr. Willauer seconded. All in favor, so voted. 9. Planning Office: Request for Execution of Release Deed for 146 Surfside Road Pursuant to Vote on Article 104 of 2011 Annual Town Meeting. Mr. Vorce reviewed the request and stated the deed releases any Town title on the property and allows the owner clear title. Ms. Roggeveen moved to approve. Mr. Willauer seconded. All in favor, so voted. VIII. TOWN MANAGER’S REPORT 1. FY 2013 General Fund Budget Recommendation Presentation. Ms. Gibson stated the theme for FY12 and FY13 is to continue the 5 year strategy beginning in 2008. FY12 budget process began in August. Ms. Gibson answered questions from the Board. Carol Dunton requested further information and was informed that the information can be found on the Town’s website under budget information. Ms. Roggeveen left the meeting at 7:35 PM; returned at 7:39 PM. 2. Hummock Pond Vegetation Removal Program Update. Ms. Gibson stated that she is looking for an endorsement on potential new program. Ms. Gibson met with Kara Buzanoski, Department of Public Works Director, Comac Collier, Nantucket Bank Counsel and Mr. Sutherland. They propose to purchase a harvester to remove detrimental vegetation. Town Administration is supportive of this and this will require filing a Conservation Commission application. Funds are to come from the Nantucket Land Council and others. Town of Nantucket employs seasonal employees for two to three months. Mr. Atherton spoke in favor. Mr. Collier stated it will help with recreational activities of residents and will also help remove nitrogen load. Ms. Roggeveen is concerned with disposal. Mr. Collier stated protocols will be put in place to avoid problems. There was no Board of Selectmen objection to Ms. Gibson signing the Conservation Commission permit.
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3. Airport Procurement Issues Update. Ms. Gibson advertised the Assistant Procurement Position and it will be funded by the Airport. The current workload of the Procurement Officer is heavy. The Procurement Officer communicates regularly with the Airport Commission Chairman and meets with the interim Airport Manager. Ms. Gibson further advised the Forensic Audit is proceeding and not too many comments forthcoming to date and those comments will be kept confidential. Ms. Gibson stated the procurement issues are still popping up regularly. Ms. Gibson requested that this no longer be a weekly update unless something comes up. Ms. Gibson and Mr. Atherton answered questions from the Board. There is a meeting next Tuesday of the Airport Commission at 4:00 PM in the Training Room at 4 Fairgrounds with the FA and MA Aeronautics. IX. SELECTMEN’S REPORTS/COMMENT 1. Article 68 Work Group Progress Report. Lee Saperstein, of the Article 68 Work Group, stated they have reviewed the charge to the work group. It has the perfect language to propose to the Legislature for Article 68 of 2010 Annual Town Meeting. Mr. Atherton asked for timeline. Mr. Saperstein stated the end of January. 2. Discussion Regarding Use of Proceeds from Sale of Real Estate Transfer to Affordable Housing Trust. A discussion was held regarding the use of proceeds from the sale of real estate transfer to the Affordable Housing Trust. 3. Review of 2012 Annual Town Meeting Warrant Articles. Ms. Gibson reviewed the 2012 Annual Town Meeting Warrant articles. 4. Discussion Regarding Seasonal Taxi Stands. No public comment. Mr. DeCosta made a motion to eliminate as presented until April 15, 2012. Ms. Roggeveen seconded. Ken Turgeon suggested eliminating stand at Ralph Lauren, not at Shreve, Crump and Low. All in favor, so voted. 5. Discussion Regarding Community Preservation Committee Membership. Mr. Atherton stated new Town Council has some opinion regarding Community Preservation Committee members. The Committee representative should be members of the committee not random designees. This opinion does not require the Board to take action. Town Council has asked the Board work with the Historic District Commission and the Nantucket Land Bank on membership issue and get feedback. Mr. Kopko feels the Town should comport with the law. Mr. DeCosta feels we are in compliance. A discussion was held. Ms. Roggeveen feels when representatives are not of elected body (Nantucket Land Bank) they lose accountability. Mr. Kopko would like to hear directly from Boards and Commissions. Allen Reinhard, Nantucket Land Bank Commission, did review when made Community Preservation Committee appointment and feels privileged to have Ken Beaugrand represent the Nantucket Land Bank. Linda Williams stated the Attorney General’s office authorized non-member designees. Mr. Collier is in favor of getting an absolute legal opinion and have it reviewed by the Attorney General’s office. Mr. Collier is worried as a past recipient that past funding maybe in jeopardy. David Barham feels we do not have at present a “robust” Nantucket Historical Commission and feels we should work on improving Nantucket Historical Commission before transferring representative responsibilities. 6. Wind Turbine Zoning Board of Appeals Waiver Application Discussion/ Vote. Mr. Atherton stated the intent tonight is not whether we are going to go forward with the wind turbine but to deal with Zoning Board of Appeals current application and also to determine whether we should work on warrant article funding request. A discussion was held. Mr. DeCosta fees the turbine is getting shoved down his throat. It is a big decision tonight on how to move forward. Mr. Atherton feels a decision shouldn’t be
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made tonight, that the Board needs to properly post on future agenda. Ms. Roggeveen feels the Board should decide how to proceed before authorizing access to Town Counsel. A discussion was held. Ms. Roggeveen would like to see expenditures to date/grant amount and total costs. Mr. Willauer feels the Board should educate themselves before any decision is made. Mr. Atherton stated to put on the January 4, 2012 agenda to discuss vote putting warrant article forward and suggested placing an ad. It was the consensus of the Board to defer engagement of Town Council under further discussion is held. 7. Suggestion Regarding Prior Board of Selectmen Member Gathering. This matter was continued by the unanimous consent of the Board. 8. Town Manager Evaluation Form Review. This matter was continued by the unanimous consent of the Board. 9. Committee Reports. Mr. Willauer stated SHAB met last night and voted to come to the Board of Selectmen to request funds for water quality testing. IX. ADJOURNMENT The meeting was unanimously adjourned at 9:58 PM. Approved the 1st day of February, 2017.
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BOARD OF SELECTMEN DECEMBER 7, 2011 – 6:00 PM PUBLIC SAFETY FACILITY COMMUNITY ROOM 4 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS List of documents used at the meeting: II. 2. Memo from Coastal Erosion Public Forum for December 12, 2011; Coastal management principles list; departmental emails; copy of chapter 67, “Coastal properties owned by town” II. 3. Letter from DPW Director Kara Buzanoski, re: Landfill billing V. 1. Draft minutes of January 12, 2011 at 6:00 PM; October 6, 2011 at 9:00 AM V. 4. Pending contracts spreadsheet for December 7, 2011 VI. 1. PowerPoint presentation, re: Barnstable County Retirement Association VII. 1. Memo from Park & Recreation Commission, re: gift acceptance VII. 2. Email from Paul Nicholson, re: resignation from Nantucket Historical Association VII. 3. Sustainable Nantucket application for blocking of street VII. 4. Memo from Mark Voigt, re: Dreamland Theatre building preservation restriction; letter from Kopelman & Paige; copy of Historic Preservation Restriction; acceptance of Historic Preservation Restriction VII. 5. Letter from John J. Goldrosen from Kopelman & Paige, re: conservation restriction – Deborah & James McIntosh VII. 6. Memo from Cormac Collier, re: Nantucket Land Council request for review of conservation restriction; conservation restriction VII. 7. Copy of bicycle path easement from Lawrence M. Maury; site plan; acceptance of easement VII. 8. Letter from ERF, LLC Manager Edward S. Toole, re: purchase and sale agreement for portion of Holly Street, parcel A on plan # 2011-22 to K; purchase and sale agreement; quitclaim deed VII. 9. Memo from Catherine S. Stover, re: execution of release deed for 146 Surfside Road vote on article 104 of 2011 ATM; Article 99; site plan; settlement statement; memo from Catherine S. Stover, re: Article 104: “Real Estate Conveyance: 144 Surfside Road”; copy of article 104 VIII. 1. PowerPoint presentation, re: FY2013 GF budget; planning projection expenses chart IX. 1. Article 68 workgroup PowerPoint presentation; Board of Health regulations report IX. 2. Departmental emails, re: sale of estate transfer to AHTF IX. 3. Draft outline for 2012 ATM warrant articles IX. 5. Departmental emails, re: CPC membership; letter from John Richard Hucksam Jr. IX. 6. Board of Appeals application from: Lauren Sinatra, Energy Coordinator; memo from Town Manager C. Elizabeth Gibson, re: Madaket Wind Turbine – Statement of Agency; copy of Addendum to Acoustic Analysis Madaket Wind Turbine Project; power wind noise levels chart; preliminary site plan; abutters listing; letter from MA Historical Commission State Historic Preservation Office Executive Director Broma Simon; memo from NLB Executive Director Eric Savetsky; chart of maximum noise level permitted by Code of TON, chapter 101; John Brescher memo, re: ZBA application for a WECS at the Madaket Landfill; letter from Kopelman and Paige
IX. 9. Letter and Town Manager evaluation forms comparison chart from Human Resources Director Pat Perris VI. 1. Report from Community Foundation for Nantucket (CFNan), re: Human Services Study Initiatives; PowerPoint presentation from CFNan; List of Health and Human Services providers; GIS map VII. 1. Memo from Catherine Flanagan Stover, re: article 68: Bylaw amendment: Council for Human Services; draft copy of article 68 VII. 2. Town of Nantucket 2010 legal costs chart; Town of Nantucket FY2011 services chart; TON Evaluation of Manager form