HomeMy WebLinkAboutBOSminutes201111161
BOARD OF SELECTMEN Minutes of the Meeting of 16 November 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 accepted the agenda as presented. II. ANNOUNCEMENTS 1. Nantucket Police Department: Recognition of Police Personnel for Exceptional Work. Chief Pittman, Nantucket Police Department, played the 911 audio of Dispatcher Hillary Ray’s dispatch call and presented her with a Lifesaving Award for saving the life of an infant. An Exceptional Duty Award was presented to Sgt. Daniel Mack for solving a theft case and Sgt. Kevin Marshall was awarded an Honorable Service Award for overseeing the Volunteers in Policing (VIP) Program. 2. Massachusetts Estuaries Project Madaket Harbor/Long Pond Draft Total Maximum Daily Load (TMDL) for Total Nitrogen Presentation Thursday, 17 November 2011 at 4:00 PM for Board of Selectmen; 5:00 PM for Public to be Held at Public Safety Facility Community Room, 4 Fairgrounds Road. Town Manager C. Elizabeth Gibson announced tomorrow at 4:00 PM the Massachusetts Estuaries Project would be making a presentation to the Board of Selectmen on the Madaket Harbor/Long Pond Total Maximum Daily Load and at 5:00 PM, The meeting would be open for public comment. 3. National Rural Health Day Thursday, 17 November 2011. Ms. Roggeveen read the National Rural Health Day proclamation. The National Rural Health Day is observed on Thursday, November 17, 2011. 4. Nantucket Booster Club: Nantucket High School Homecoming Parade Saturday, 19 November 2011. Ms. Gibson announced the Nantucket High School Homecoming Parade will be held Saturday, November 29, 2011 and reviewed the route of the parade. 5. Town Offices Closed Thursday, 24 November 2011 for Thanksgiving Day. Ms. Gibson announced that Town offices will be closed on Thursday, November 24, 2011 for Thanksgiving Day. 6. No Board of Selectmen Meetings Wednesday, 23 November 2011 or Wednesday, 30 November 2011 (Fifth Wednesday); NRTA Advisory Board will Meet Wednesday, 30 November 2011 at 6:30 PM in Public Safety Facility Community Room, 4 Fairgrounds Road. Ms. Gibson announced there will be no Board of Selectmen meetings on Wednesday, 23 November, 2011 or Wednesday, 30 November 2011 and that the NRTA Advisory Board will meet on Wednesday, November 30, 2011 at 6:30 PM in the Public Safety Facility Community Room, 4 Fairgrounds Road. III. PUBLIC COMMENT Lee Gaw of Windwalker Real Estate spoke regarding parking tickets on S. S. Water Street. Ms. Gaw requested S. Water Street be exempt from ticketing seeing that Oak Street is closed to parking and Easy Street is being used by the Dreamland construction vehicles. Mr. DeCosta made a motion to make all 1 hour parking, 2 hours parking. A discussion was held. Mr. DeCosta made a motion to leave thirty minute parking as is and Main Street as is and suspend
2
ticketing in all other times areas. Ms. Roggeveen seconded. A discussion was held. Mr. Kopko suggested putting an ad in the paper effective November 17, 2011. All in favor, so voted. IV. NEW BUSINESS None. V. APPROVAL OF MINUTES, WARRANTS AND PENDING CONTRACTS 1. Approval of Payroll Warrant for Week Ending 13 November 2011. The payroll warrant for week 13 November 2011 was approved by the unanimous consent of the Board. 2. Approval of Treasury Warrant for 16 November 2011. The treasury warrant for week 16 November 2011 was approved by the unanimous consent of the Board. VI. CITIZEN/DEPARTMENTAL REQUESTS 1. Dancing Pickle, Inc.: Request for Acceptance of Annual Wine/Malt Alcoholic Beverages Package Store License Surrender.1 Mr. DeCosta moved to accept the surrender. Ms. Roggeveen seconded. All in favor, so voted. 2. Request for Approval of Exemption on Disclosure of Financial Interest by Special Municipal Employee William McGrath Pursuant to MGL Chapter 268A, Section 20(d). Mr. Willauer read the motion to approve exemption. Mr. DeCosta seconded. All in favor, so voted. 3. Nantucket Preservation Trust: Request for Approval of Preservation Restriction to be Held by Nantucket Preservation Trust, Inc. for “1800 House” Property Located at 4 Mill Street. Michael May of the Nantucket Preservation Trust spoke in favor of the preservation restriction stating it is only an exterior preservation restriction to satisfy the CPC grant. Mr. DeCosta moved to approve the request. Ms. Roggeveen seconded. All in favor, so voted. 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. Ms. Roggeveen recused herself. Attorney William Hunter representing the Dreamland passed out exhibits that go along with the historic preservation restriction. Mr. Hunter stated the original trusses and windows were preserved from the Quaker Meeting House. The Dreamland Foundation has received CPC grant money and a preservation restriction is required. The preservation restriction will run for 200 years to the Town with the Historic District Commission (HDC) as the enforcing agent. Mr. DeCosta asked why the preservation restriction is going to the Town instead of the Nantucket Preservation Trust. Mr. Hunter stated because the MHC won’t approve the preservation restriction. Mr. Hunter answered questions from the Board. Mr. Kopko wants further information from Town Counsel and the HDC before this preservation restriction moves further along. His concern is the MHC won’t even review the preservation restriction and disbursement of community funds, almost $750,000. Mr. Kopko wants to be sure the CPC is satisfied that invoices are in order. Mr. Hunter stated the Mark Voight has vetted the preservation restriction with Town Counsel. Mr. DeCosta wants clarification from the HDC that they willing and able to hold and enforce the preservation restriction. Mr. Willauer wants to know the significance of 200 years. Mr. Hunter stated it seems to be a fair, metaphorical term compared to a perpetual restriction. Mr. Atherton asked Ms. Gibson to
3
contract the HDC. Ms. Gibson stated it will be put back on the December 7, 2011 agenda to get questions answered. Mr. Kopko will contact Town Counsel. 5. 271 Hummock Pond Road Trust/281 Hummock Pond Road Trust: Request for Approval to use Town-owned Land for Access for Dune Nourishment Project. Mr. Hunter stated this is still at Conservation Commission. Hearing is open. Mr. Hunter is waiting to hear back from National Heritage. It was suggested that they access property for dune restoration via sand ramp at end of Hummock Pond Road. The proposal was reviewed. Notification has gone to the Department of Public Works (DPW), the Nantucket Police Department (NPD, Nantucket Fire Department (NFD) and the Board of Selectmen. Mohammed Nabusli, Assistant Director of DPW, recommended the project as presented. Mr. DeCosta made a motion to approve conditioned that work does not occur during the summer months. Richard Ray, Health Department Director, asked for clarification on sand ramp disbursement. Ms. Roggeveen seconded the motion. All in favor, so voted. 6. Planning Office: Request for Execution of Purchase and Sale Agreement, Quitclaim Deed, and Settlement Statement for Parcel A, Hawthorne Street, Shown on Plan of Land Entitled “Road Taking Plan of a Portion of Hawthorne Street, Plan to Acquire Land for General Municipal Purposes in Nantucket, MA., Prepared for Town of Nantucket, Scale: 1” = 40’, Date: January 28, 2011, Charles W. Hart and Associates, Inc.” and Recorded with Nantucket County Registry of Deeds as Plan No. 2011-26, Pursuant to Vote on Article 77 of 2010 Annual Town Meeting. Andrew Vorce, Planning Director, reviewed the yard sale parcel map. Ms. Roggeveen made a motion to approve. Mr. DeCosta seconded. All in favor, so voted. 7. Planning Office: Request for Execution of Purchase and Sale Agreement, Quitclaim Deed, and Settlement Statement for Parcel B, 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 revieweds the map and answered questions from the Board. Ms. Roggeveen made a motion to approve. Mr. Willauer seconded. All in favor, so voted. VII. PUBLIC HEARINGS 1. Public Hearing to Consider Applications for Planning Board Alternate Vacancies. Mr. Atherton opened the public hearing. Ms. Roggeveen made a motion to appoint Joseph Marcklanger as Planning Board Alternate to the 2014 term. Mr. DeCosta seconded. All in favor, so voted. Mr. Atherton closed the public hearing. 2. Public Hearing to Consider Application Public Assembly Permit for 2012 Demolition Derby to be Held 18 and 19 August at Tom Nevers Park. Mr. Atherton opened the public hearing. Doug Bennett, on behalf of Nantucket Demolition Association, has met with the Nantucket Fire Department (NFD) regarding safety of vehicles and field. Mr. Kopko moved to approve. Mr. DeCosta seconded. Mr. Bennett answered questions from the Board. Deputy Fire Chief Ed Maxwell of the NFD doesn’t propose to make any changes on how the event is handled. Deputy Chief Maxwell stated it is the responsibility of the Demolition Association to regulate but the NFD communicates with the Demolition Association.
4
3. Public Hearing to Consider Application for New Annual All-Alcoholic Beverages Restaurant License for Fog Management LLC d/b/a Fog Island Grill, Anne Blake Dawson, Manager, for Premises Located at 5 Amelia Drive. Mr. Atherton opened the public hearing. Mark Dawson spoke in favor of the application. Mr. Atherton closed the public hearing. Ms. Roggeveen made a motion to approve. Mr. Kopko seconded. All in favor, so voted. 4. Public Hearing to Consider Application for Alteration of Premises of and Change from Annual to Seasonal Wine/Malt Beverages Package Store License for Cowboy’s Meat Market and Delicatessen, Laura Bemben McCloskey, Manager for Premises Located at 7B and 7D Bayberry Court. Mr. Atherton opened the public hearing. Attorney Steven Cohen spoke in favor, reviewed the application and answered questions from the Board. Mr. Atherton closed the public hearing. Mr. DeCosta made a motion to approve. Ms. Roggeveen seconded. All in favor, so voted. VIII. TOWN MANAGER’S REPORT 1. Preliminary Review of 2012 Annual Town Meeting Warrant Articles. Ms. Gibson reviewed the preliminary outline for the 2012 Annual Town Meeting (ATM) warrant articles. She hopes when the Board adopts the warrant at the end of January 2012, the Annual Town Election warrant is also voted on; it saves time and money to not have to have a separate Special Town Election. Mr. DeCosta suggested to review the list on a future agenda one-by-one and decide what to go forward with. Ms. Roggeveen encouraged a better outreach to citizens regarding discussion of possible warrant articles. Ms. Gibson gave an update on first Mosquito Control Advisory Committee Meeting Monday. Mr. Madden, State Representative, will attend next meeting on November 28 at 1:00 PM to discuss special legislation. Andrew Vorce, Planning Director, reviewed preliminary real estate and zoning articles. Mr. Vorce disclosed that he owns property which an article involves. The Board briefly discussed some articles. 2. FY 2013 General Fund Budget Update. Ms. Gibson stated Irene Laviree will give an update since the October projection. Ms. Laviree stated the general fund, Town Government and public school revenue have declined since 2006 and bottomed out in 2010. They have raised some in 2011 and projected to stabilize going out to 2016. Ms. Gibson reviewed expense increase requests, over $500,000 in preliminary EIRs, less than half will be recommended. Ms. Gibson reviewed the next steps; reviewed BCR assessment; present budget recommendations to the Board; reviewed debt service budget; present F-13 budget recommendations to the Finance Committee. 3. Monthly Update Regarding Resolution to FY 2010 Audit Issues. Ms. Laviree stated accounts receivable are 70% complete. As of November 28, there will be a new staff accountant. Ms. Gibson stated the new employee is filling an existing positon. 4. Airport Procurement Issues Update. Dan Drake, Airport Commission, intended to come to the meeting but something came up at the last minute. A forensic audit is underway. There have been
5
some procurement issues and they are working towards a resolution. There will be an ad in next week for a procurement assistant. 5. Appointment of Retiree Representative to Insurance Advisory Committee. Ms. Gibson is in the process of reestablishing advisory committee. The advisory committee is required under the new health reform legislation. The Board needs to appoint a retiree. Mr. Atherton announced Robert Reardon, Jack Pignato, Barry Hamburg, Brian Chadwick, Susanne Sullivan, Lisa Haye, Helene Blair, James Dalzell, Jack Wheeler. Brian Chadwick spoke on his interest as retiree representative. Mr. DeCosta nominated Mr. Chadwick. Mr. Willauer seconded. All in favor, so voted. IX. SELECTMEN’S REPORTS/COMMENT 1. Committee Reports. Ms. Roggeveen stated that at the AHTF meeting on Monday goals were set. Mr. Kopko stated the audit committee met yesterday. X. ADJOURNMENT The meeting was adjourned at 8:42PM. Approved the 8th day of February, 2017.
BOARD OF SELECTMEN NOVEMBER 16, 2011 – 6:00 PM PUBLIC SAFETY FACILITY COMMUNITY ROOM 4 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS List of documents used at the meeting: II. 1. Announcement letter from Executive Office of Environmental Affairs Department of Environmental Protection, re: Massachusetts Estuaries Project – Madaket Harbor/Long Pond II. 2. Letter from National Organization of State Offices of Rural Health, re: National Rural Health Day II. 3. Letter from Nantucket Booster’s Club, re: Nantucket High School homecoming parade VI. 1. Cover letter from The Dancing Pickle President Timothy P. Lonergan, re: surrender of annual wine & malt license VI. 2. Disclosure of financial interest by special municipal employee and approval of exemption from William F. McGrath, Jr. VI. 3. Letters from Kopelman and Paige, P.C. Attorney Vicki S. Marsh, re: Historic Preservation Restriction – 1800 House; memo from Nantucket Preservation Trust Executive Director Michael May; letter from Massachusetts Historical Commission Preservation Planning Commission Director Michael Steinitz; Historic Preservation Restriction; certificate of vote from William R. Congdon; approval by the Board of Selectmen; approval by Massachusetts Historical Commission; site plan and pictures VI. 5. Letter from Attorney William F. Hunter, re: Hummock Pond Road Terminus; sand delivery for dune nourishment; 271 Hummock Pond Road Trust and 281 Hummock Pond Road Trust VI. 6. Purchase and sale agreement, re: parcel A, Hawthorne Street; quitclaim deed; memo from Catherine Flanagan Stover; 2010 ATM Article 77; site map; settlement statement VI. 7. Purchase and sale agreement, re: Parcel B, Holly Street; quitclaim deed; memo from Catherine Flanagan Stover; 2011 ATM Article 99l site map; settlement statement VII. 1. Planning Board members and vacancies list; application form from Joseph Marcklinger VII. 2. Parks and Recreation special event application form, re: Demolition derby at Tom Nevers Park; public assembly permit application; VII. 3. Cover letter from Fog Island owner Mark Dawson, re: opening of Fog Island Grill; ABCC application; retail alcoholic beverage license application; applicant’s statement; personal information form VII. 4. Cover letter from Attorney Steven Cohen, re: Cowboy’s Meat Market and Delicatessen; ABCC application; petition for change of license; applicant’s statement; personal information form; manager application; VIII. 1. Draft outline for 2012 ATM warrant VIII. 2. FY 2013 GF budget update PowerPoint presentation VIII. 3. Email from Finance Director Irene Larivee, re: Finance Department progress VIII. 5. List of Insurance Advisory Committee members