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HomeMy WebLinkAboutBOS 12-21-11BOARD OF SELECTMEN Minutes of the Meeting of 21 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 6:04 PM. I. BOARD ACCEPTANCE OF AGENDA The Board unanimously accepted the agenda as presented with changes in order. II. ANNOUNCEMENTS 1. Town Offices Closed Monday, 26 December 2011 for Christmas; Monday, 2 January 2012 for New Year’s. Town Manager C. Elizabeth Gibson stated town offices will be closed Monday, 26 December 2011 for Christmas, 2 January 2012 for New Year’s. 2. No Board of Selectmen Meeting Wednesday, 28 December 2011. Ms. Gibson announced there will be no Board of Selectmen meeting Wednesday, 28 December 2011. 3. FY 2013 General Fund Budget Public Hearing to be Held Wednesday, 4 January 2012 at 6:00 PM at Public Safety Facility Community Room, 4 Fairgrounds Road. Ms. Gibson announced there will be a FY 2013 General Fund Budget Public Hearing to be Held Wednesday, 4 January 2012 at 6:00 PM at Public Safety Facility Community Room, 4 Fairgrounds Road 4. Board of Selectmen to Vote on Whether or Not to Include Article for Appropriation for Proposed Wind Turbine at Madaket Landfill on 2012 Annual Town Meeting Warrant – on 4 January 2012. Ms. Gibson stated the Board of Selectmen will Vote on Whether or Not to Include Article for Appropriation for Proposed Wind Turbine at Madaket Landfill on 2012 Annual Town Meeting Warrant on 4 January 2012. III. PUBLIC COMMENT Dave Barrett, cab owner, spoke on cab spaces removed. Mr. Barrett feels a public hearing was warranted and the spaces at the Hyline should be added back. Mr. DeCosta stated cabs can park anywhere. There is a no ticketing going on – only until April 15, 2012. IV. NEW BUSINESS None. V. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Payroll Warrant for Week Ending 18 December 2011. The payroll warrant for week ending 18 December 2011 was approved by the unanimous consent of the Board. 2. Approval of Treasury Warrant for 21 December 2011. The treasury warrant for 21 December 2011 was approved by the unanimous consent of the Board. 3. Approval of Pending Contracts for 21 December 2011. Ms. Gibson review the pending contracts for 21 December 2011 and thanks Jenny Garneau and Pam Meriman for grant opportunity. Ms. Garneau answered questions from the Board and thanks Cheryl Bartlett for assistance with grant. 1 The pending contracts for 21 December 2011 were approved by the unanimous consent of the Board. VI. TOWN ADMINISTRATION 1. 20 South Water Street Renovation Report. Ms. Gibson gave background on the 20 South Water Street renovation. 2012 Annual Town Meeting appropriated $200,000 for the design of the renovation of the building. Following issuance of RFP, the Town engaged Brown, Linquist, Fenuccio and Raber for signed work. A workgroup was formed to review options for 20 South Water Street. This workgroup feels it should house finance, human services, human resources, Sheriff and Police substation. A discussion was held on cost and project timeline. Ms. Gibson thanked members of the workgroup who were present at the meeting. 6:44 PM Mr. Kopko left meeting.7:01 PM Mr. Kopko returned to meeting. 2. 2011-2012 Goals Update. Ms. Gibson review goals progress since October 5. VII. CITIZEN/DEPARTMENTAL REQUESTS 1. Department of Human Services/Our Island Home: Request for Acceptance of Gifts from St. Mary’s Conference/St. Vincent De Paul Society and George Vollans. Ms. Gibson review gifts. Mr. DeCosta made a motion to accept gifts. Ms. Roggeveen seconded, all in favor, so voted. 2. Nantucket Land Council: Request for Approval of Conservation Restriction to be Held by Nantucket Land Council, Inc. for Portion of Land Located at 33 Jefferson Avenue. Cormac Collier, Nantucket Land Council, requested conservation restriction approval and found the conservation restriction to be in the public’s benefit. Ms. Roggeveen made a motion to approve. Mr. DeCosta seconded. All in favor, so voted. 3. Planning Office: Request for Permission for New England Marine Renewable Energy Center to Conduct Studies on Town-owned Property in Madaket for Wave Demonstration Project and Radar Installation. Andrew Vorce, Planning Director, stated the New England Energy Center feels experiments worth moving forward with. John Miller of the MREC, reviewed Madaket summer 2012 demo plan and answered questions from the Board. Mr. Vorce asked the Board to authorize Town Manager to sign off on any permit applications. Ms. Roggeveen made a motion. 4. Planning Office: Request for Execution of Purchase and Sale Agreement, Quitclaim Deed, and Settlement Statement for 192 Cliff Road, Lot B-1, Shown on Plan of Land Entitled “Plan of Land in Nantucket, Massachusetts, Scale: 1” = 40’, Date: July 20, 2009, Prepared for : Town of Nantucket”, Prepared by Nantucket Surveyors, LLC and Recorded with Nantucket County Registry of Deeds as Plan No. 2009-38, Pursuant to Vote on Article 85 of 2004 Annual Town Meeting. Mr. Vorce stated this request goes back to 2004 and reviewed the map and answered questions from the Board. Mr. Kopko made a motion to approve. Ms. Roggeveen seconded. All in favor, so voted. 5. Planning Office: Request for Execution of Purchase and Sale Agreements, Quitclaim Deeds, and Settlement Statements for Lots B-1.1 and B-1.2, Cliff Road, Shown on Plan of Land Entitled “Plan of Land in Nantucket, Massachusetts, Scale: 1” = 40’, Date: July 20, 2009, Prepared for : Town of Nantucket”, Prepared by Nantucket Surveyors, LLC and Recorded with Nantucket County 2 Registry of Deeds as Plan No. 2009-38, Pursuant to Vote on Article 85 of 2004 Annual Town Meeting. Mr. Vorce reviewed lots. Ms. Roggeveen made a motion to approve. Mr. DeCosta seconded. All in favor, so voted. 6. Carl Gewirz and Nancy Gewirz, Trustees of Tristram’s Avenue Realty Trust/Planning Office: Request for Acceptance of Grant of “One Big Beach” Easement Located at 21 East Tristram Avenue. Mr. Vorce stated property owners approached the Town and wanted to grant an easement. This has been reviewed by Town Council. Mr. DeCosta made a motion to accept. Ms. Roggeveen seconded. All in favor, so voted. VIII. PUBLIC HEARINGS 1. Public Hearing to Consider Petition for Nantucket Electric Company/National Grid Plan # 11636711 to Install 65’ +/- Underground Wire in Conduit Across Pleasant Street from P9 to New Underground Handhole HH9-1to Feed Underground Service to P19 Pleasant Street. Mr. Atherton opened the public hearing. Steve Bretton, National Grid, spoke in favor of request. Mr. DeCosta is concerned and wants to be ensured that this is underground work as previously approved because tunneling ended up a road cut. Mr. Bretton stated an upgrade was requested by the customer before the summer of 2012 and answered questions from the Board. Mr. Atherton closed the public hearing. Ms. Roggeveen moved to approve. Mr. DeCosta seconded. All in favor, so voted. Mr. Willauer left the meeting at 7:24 PM and returned to the meeting at 7:26 PM. 2. Public Hearing to Consider Petition for Massachusetts Electric Company/National Grid Plan # 10158411 to Install 1-3’ PVC Conduit with 4/0 CU Secondary to be Installed from Existing P27 Surfside Road to New HH27-1; Total Length will be 62’. Mr. Atherton opened the public hearing. Mr. Bretton stated this is a new house that needs power – poles are on other side of road. They will tunnel under Surfside Road and bike path. Mr. Atherton closed the public hearing. Mr. DeCosta made a motion to approve. Ms. Roggeveen seconded. All in favor, so voted. 3. Public Hearing to Consider Petition for Nantucket Electric Company/National Grid Plan # 11516116 to Install Handhole Next to P10 and Tunnel 1-3” PVC Conduit Under Sankaty Road. Mr. Atherton opened the public hearing. Mr. Bretton requested to convert overhead service to underground, tunneling under Sankaty. Mr. Atherton closed the public hearing. Ms. Roggeveen made a motion to approve. Mr. DeCosta seconded. All in favor, so voted. 4. Public Hearing to Consider License Application for Private Shellfish Grant for Simon Edwardes to be Located in Pocomo Meadows in Nantucket Harbor. Mr. Atherton opened the public hearing. Dave Fronzuto showed two letters of support from SHAB and town Biologist and recommended approval of the grant. Mr. Atherton closed the public hearing. Mr. DeCosta made a motion to approve. Ms. Roggeveen seconded. All in favor, so voted. 5. Public Hearing to Consider Application for New Common Victualler License for ACK Thai Inc, Seubsiri Thairatana, Manager, for Premises Located at 1 Wampanoag Way. Mr. Atherton opened the public hearing. Seubsiri Thairatana spoke in favor of application. Mr. Atherton closed the public hearing. Ms. Roggeveen moved to approve. Mr. Willauer seconded. All in favor, so voted. 3 6. Public Hearing to Consider Annual License Renewals: Liquor; Entertainment; Common Victualler; Automatic Amusement Devises; Motor Vehicle Rental; Class I, II, III Motor Vehicle Sales; Mobile Food Units; Flower/Produce Vendor; Keeping of Animals. Mr. Atherton opened the public hearing. Mr. Atherton stated based on prior years, the police report is fairly clean. Mr. Kopko commended strict enforcement and education efforts. Mr. DeCosta stated kudos for operators and staff for doing a good job. Mr. Atherton closed the public hearing. Mr. Kopko moved to approve renewal of all licenses. Mr. DeCosta seconded. All in favor, so voted. 7. Public Hearing to Consider Application for Public Assembly Permit for Nantucket Triathlon to be Held 21 July 2012 from 5:00 AM to 12:00 PM. Mr. Atherton opened the public hearing. Jamie Ranney, Nantucket Triathlon, noted support of athletes, business owner and Town Department heads. Mr. Ranney stated the race time is changing to early morning and stated that the race cannot financially support an off season race. Wendy Hudson, President of the Chamber of Commerce, stated the Chamber has no negative opinion of the race and takes a neutral stance. Chris Shannon of Madaket Marine is surprised to see this again. He fears the events continues to grow but feels better about the start time. The race affects many businesses and residents. A discussion was held. Mr. Atherton closed the public hearing. Mr. Kopko feels it is a great event for the island and Ms. Roggeveen concurs with Mr. Kopko. Mr. Kopko made a motion to approve as presented and to insert language on 8:00 AM Madaket Road opening. Ms. Roggeveen seconded. So voted, 4-1. Mr. Atherton opposed. IX. TOWN MANAGER’S REPORT 1. FY 2013 and Out-Years Sewer Rate Update. Ms. Gibson has been working with Kara Buzanoski, Department of Public Works Director, and Robert Gardner, Wannacomet Water Company Director, to review future sewer projects which will require sewer rate increase. Ms. Buzanoski is looking at SEF for FY2013 and feels the needs to increase rates. Ms. Gibson stated a vote does not have to happen tonight and would like to schedule a public hearing for January 8, 2012. Ms. Roggeveen asked what the Town has been doing to deal with the problem as the rate has been increasing over the last few years. Ms. Buzanoski answered questions from the Board. 2. Valet Parking Update for 2012. Greg Tivnan stated the valet is moving forward with RFP for 2012 and the scope of services has been drafted. RFP should be ready for review in early January. Mr. Tivnan answered questions from the Board. Ms. Roggeveen left the meeting at 8:19PM and returned to the meeting at 8:21 PM. 3. Monthly Update Regarding Resolution to FY 2010 Audit Issues. 2011 audit should be issued soon. Last report was 2010 management letter. There was one open item, accounts receivable (due to vacancy), has been reconciled 71%. Ms. Gibson is working hard with auditor, financial consultant and staff trying to get Airport issues cleared up and focus on going forward. X. SELECTMEN’S REPORTS/COMMENT 1. Discussion Regarding “Sober House” Property Located at 47 Boulevarde (Continued from 26 October 2011; 2 November 2011). Mr. Willauer recused himself. Mr. DeCosta stated the matter came up at a recent Community Preservation Committee meeting. The buildings were built with CPC funds and questions were raised as to what building can be used for. The CPC feels Town Council should review the grant before and decide what to do with it and they need to determine 4 how property can be used. The CPC is waiting for a release letter on $50,000.00. Mr. Kopko is surprised there is no opinion from Town Counsel as yet. Ms. Gibson stated no request for a legal opinion has been made yet. Anne Kuszpa, Housing Nantucket, stated it is her understanding that if the buildings can’t be used by Behavioral Health they must be used by another affordable housing authority and she offered to research CPC grant. Ms. Roggeveen feels the Town should look into this. Housing Nantucket stands to gain from this matter. Ms. Kuszpa stated the property is currently vacant. Ms. Roggeveen stated that she is not 100% comfortable just handing the lease over to Housing Nantucket and feels some revenue should come back to the Town. Mr. DeCosta feels the property should be inspected to see if it is habitable then decide who does upgrades. Mr. Kopko stated a commitment to let Behavioral Health out of lease by the year’s end was made. Ms. Kuszpa stated one of two houses is occupied and will need a landlord. Mr. DeCosta stated don’t let Nantucket Behavioral Health out of lease until they work out an agreement for the next few months. Mr. DeCosta stated to put it on the Agenda for January 11, 2012. Mr. DeCosta also stated the need to communicate to Nantucket Behavioral Health that not released and the need to keep up insurance. 2. FY 2013 General Fund Budget Review. Ms. Roggeveen would like to see accelerated mining on warrant. Ms. Gibson stated no capital programming, etc. A discussion was held. 3. Continued Discussion Regarding 2012 Annual Town Meeting Warrant Articles. Mr. DeCosta stated to try to put the sewer back on the warrant again to help against sewer rate increases. 4. Discussion Regarding Roles and Responsibilities of Advisory Committees. Mr. Atherton suggested putting this on the Agenda. He wants to re-emphasize relationships between committees and the Board of Selectmen. He feels they should come back to the Board as reports. Ms. Roggeveen stated her vote belongs to the Board of Selectmen, not as active voting members on committees. Mr. DeCosta stated that advisory boards don’t make policy, not lobbying groups. They are supposed to be objective advisory groups to the Board of Selectmen who made decisions 5. Committee Reports Mr. Kopko stated the Audit Committee met yesterday and had an encouraging report from the Auditor. Mr. Kopko feels good about getting an unqualified audit, good accomplishment. He will be very surprised if it doesn’t happen. Mr. Willauer got a report back from Tara Riley. She is in Zanzibar helping women in shellfish hatchery. Mr. DeCosta stated there are prospective changes to the board of the Community Preservation Committee. They are going to have Lauren Goldberg attend the January 17, 2012 meeting. IX. ADJOURNMENT The meeting was unanimously adjourned at 9:12 PM. Approved the 1st day of February, 2017. 5 BOARD OF SELECTMEN DECEMBER 21, 2011 – 6:00 PM PUBLIC SAFETY FACILITY COMMUNITY ROOM 4 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS List of documents used at the meeting: V. 3. Pending contracts spreadsheet for December 21, 2011 VI. 2. Board of Selectmen FY2012 Goals and Objectives chart VII. 1. List of gift acceptance requests VII. 2. Letter from John G. Goldrosen (Kopelman and Paige), re: Conservation Restriction – Sandra Shelvey Sheffield Velde, trustee of Mira Mar nominee trust (33 Jefferson Avenue, Lot 2); conservation restriction document VII. 3. PowerPoint presentation from New England Marine Renewable Energy Center, re: Madaket wave demonstration project VII. 4. Purchase and sale agreement, re: 192 Cliff Road, Lot B-1; quitclaim deed; memo from Catherine F. Stover; article 85; site plan; settlement statement VII. 5. Purchase and sale agreement, re: Lot B-1.1 and lot B-1.2, Cliff Road; quitclaim deed; memo from Catherine F. Stover; article 85; site plan; settlement statement VII. 6. Grant of easement, re: of “One Big Beach”; TON acceptance document VIII. 1. Order of Manhole and Duct Locations, re: plan #11636711; National Grid site map; departmental emails VIII. 2. Order of Manhole and Duct Locations, re: plan #10158411; National Grid site map; departmental emails VIII. 3. Order of Manhole and Duct Locations, re: plan #11516116; National Grid site map; departmental emails VIII. 4. Letter from Marine & Coastal Resources Department Shellfish Biologist Tara Riley, re: license application for private shellfish grant for Simon Edwards; letter from SHAB Chair Peter Boyce VIII. 5. Cover letter from Seubsiri Thairatana, re: common victualler’s license for ACK Thai Inc.; common victualler's application VIII. 6. 2012 Annual liquor license renewals chart; letter from Chief of Police William Pittman; sting operation activity report; 2012 local entertainment licenses chart; CV licenses by DBA chart; 2012 Automatic Amusement Devices chart; 2012 Motor Vehicle Rental Agency Renewals chart; 2012 Motor Vehicle License Renewals – Class I, II, III; 2012 Mobile Food Vendor License Renewals chart; 2012 Flower/Produce/Shellfish Vendor Renewals chart; 2012 KOA Licenses chart VIII. 7. Letter from Nantucket Triathlon, LLC Manager Jamie Ranney, re: public assembly permit application; 2012 Nantucket Triathlon Event Plan IX. 3. Letter from Finance Director Irene Larivee, re: Finance Department Progress X. 1. Board of Selectmen summary, re: “Sober House/47 Boulevarde”; letter from Family and Children’s Services (FCS) of Nantucket County, Inc. Executive Director Peter Swenson; letter from Housing Nantucket Executive Director Anne Kuszpa, re: FCS dwellings on Clifford Street; lease amendment between TON and FCS; lease amendment and extension X. 2. Town Administration FY 2013 GF budget recommendations PowerPoint presentation; planning projection expense 2012 budget, 2013-2016 projections chart; FY2013 expense increase request chart X. 3. Outline for 2012 ATM warrant with attachments; TON Boards, Commission & Committees manual from 2009, updated 2010