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HomeMy WebLinkAboutBoard of Selectmen Minutes February 23, 2011_2014020616491215101 BOARD OF SELECTMEN Minutes of the Meeting of 23 February 2011. The meeting took place in the Court Room, Town and County Building, 16 Broad Street, Nantucket, MA 02554. Members of the Board present were Rick Atherton, Brian Chadwick, Michael Kopko, and Patricia Roggeveen. Whiting Willauer was absent. Chairman Roggeveen called the meeting to order at 6:03 PM. I. ANNOUNCEMENTS 1. The Nantucket Civic League will be hosting an open house at the Public Safety Facility on Monday, 28 February 2011 at 4:30 PM at 4 Fairgrounds Road. 2. The Finance Committee will be holding a public hearing regarding 2011 Annual Town Meeting Warrant articles on Monday, 28 February 2011 at 6:00 PM at the Nantucket High School Cafeteria, 10 Surfside Road. 3. UMass Dartmouth SMAST (School for Marine Science and Technology) will be making a presentation on its Madaket Harbor and Long Pond Estuaries report on Tuesday, 15 March 2011 at 5:00 PM for the Board of Selectmen; and at 6:00 PM for the public; location to be determined. II. PUBLIC COMMENT None. III. NEW BUSINESS 1. Chairman Roggeveen noted that regarding Catherine Stover’s Open Meeting Law complaint against the Board, the Attorney General’s office has found that the Board did not violate the Open Meeting Law and found the complaint without merit. IV. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Payroll Warrant for Week Ending 20 February 2011. The payroll warrant for week ending 20 February 2011 was approved by the unanimous consent of the meeting. 2. Approval of Treasury Warrant for 23 February 2011. The treasury warrant for 23 February 2011 was approved by the unanimous consent of the meeting. 3. Approval of Pending Contracts for 23 February 2011. Assistant Town Manager Gregg Tivnan reviewed the pending contracts and answered questions from the Board. Mr. Chadwick moved to approve the pending contracts for 23 February 2011; Mr. Atherton seconded. So voted 4-0. V. CITIZEN/DEPARTMENTAL REQUESTS 1. Resignation: Council for Human Services. Chairman Roggeveen acknowledged a resignation letter from Council for Human Services chairman Dorothy Hertz. Mr. Kopko moved to accept Ms. Hertz’s resignation from the Council for Human Services and to send a letter of thanks for her service; Mr. Atherton seconded. So voted 4-0. 2. Visitor Services: Request for Acceptance of Gift of 2011 Fourth of July Fireworks Show. Visitor Services Director Kate Hamilton reviewed the gift request, noting an anonymous donor has offered to fund the 2011 Fourth of July fireworks show. Mr. Kopko moved to accept the gift as presented with a letter of thanks to the donor; Mr. Chadwick seconded. So voted 4-0. 2 3. Roads and Right of Way Committee: Request for Approval of New Right of Way Posts. Roads and Right of Way Committee chairman Allen Reinhard reviewed the request, noting the committee is working on a comprehensive public way map. Mr. Chadwick moved to approve the new right of way posts as presented with thanks to the Roads and Right of Way Committee; Mr. Atherton seconded. So voted 4-0. 4. Bartlett’s Farm: Request for Sconset Street Vendor License. David Bartlett of Bartlett’s Farm spoke in favor of the request and reviewed his application. Mr. Kopko asked the Administration to review current vendors, as he said he has heard that someone might be using someone else’s license. Mr. Atherton moved to approve a Sconset street vendor license for Bartlett’s Farm as submitted, to be located on the north side of Main Street west of the NRTA bus stop; Mr. Chadwick seconded. So voted 4-0. 5. Habitat for Humanity: Request for Temporary Access Over and Clearing of Town-owned Land for House Move. Habitat for Humanity board member John Brescher reviewed the request, noting the intent is to allow Habitat temporary access over a Town-owned lot at 143A Surfside Road in order to relocate a house for abutting Habitat land. He added that Habitat has checked with Natural Heritage and is told there are no endangered species in the affected area. He explained that they will clear only a partial area of the Town-owned property and replant it once the project is complete. Mr. Chadwick moved to approve the request as presented; Mr. Atherton seconded. So voted 4-0. 6. Request for Determination that the Following Premises Licensed to Sell Alcoholic Beverages Are Not Detrimental to the Educational and Spiritual Activities of a Church or School Pursuant to Section 16C of MGL Chapter 138: DeMarco Restaurant-The Inn House Located at 9 India Street; 12 Degrees East Located at 12 Cambridge Street; Jared Coffin House located at 27-29 Broad Street; Brick House Bistro Located at 29 Broad Street. Chairman Roggeveen noted this is a “housekeeping” matter and is required of the Town by the ABCC. Mr. Kopko moved to determine that DeMarco Restaurant, located at 9 India Street; 12 Degrees East, located at 12 Cambridge Street; the Jared Coffin House, located at 27- 29 Broad Street; and Brick House Bistro, located at 29 Broad Street, are not detrimental to the educational and spiritual activities of a church or school pursuant to Section 16C of MGL Chapter 138; Mr. Atherton seconded. So voted 4-0. It was noted that these applications were recently approved by the Board; however, this step was inadvertently not taken at that time. VI. PUBLIC HEARINGS 1. Board of Selectmen/Board of Public Works: Public Hearing to Consider Request from Site Design Engineering on Behalf of A.B. Lloyd Construction LLC for a Waiver from the Town of Nantucket Sanitary Sewer Policy to Allow Construction of a Low Pressure Sewer Force Main Within a New Subdivision Roadway Called White Whale Lane off Cato Lane (Continued from 9 February 2011). Chairman Roggeveen opened the public hearing. Dan Mulloy of Site Design Engineering said that in response to a question from the Board at its 9 February 2011 meeting, he looked into the possibility of sewering Tashama Lane in addition to White Whale Lane. He said that this request is not feasible as the two subdivisions are not adjacent to each other. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to approve the waiver from the Sanitary Sewer Policy as presented; Mr. Atherton seconded. So voted 4-0. 2. Public Hearing to Consider Application for New Seasonal All-Alcoholic Beverages Innholder License for 1709 Associates LLC d/b/a Figs at 29 Fair, Charles Salliou, Manager, for Premises Located at 29 Fair Street, Nantucket; Request for Approval of Application of 1709 Associates LLC d/b/a Figs at 29 Fair for a Change of Manager for Seasonal All-Alcoholic Beverages Innholder License, Tracy Root, 3 Manager, for Premises Located at 29 Fair Street, Nantucket; Request for Determination that Premises is Not Detrimental to the Educational and Spiritual Activities of a Church or School Pursuant to Section 16C of MGL Chapter 138 (Continued from 16 February 2011). Chairman Roggeveen opened the public hearing. Attorney and owner of Figs at 29 Fair Danielle DeBenedictis, spoke in favor of the application for a new seasonal all-alcoholic beverages innholder license, noting that the premises does not contain a bar and alcohol service would be table only. Bill Fordyce of 3 Darling Street spoke in opposition to the application. Chairman Roggeveen closed the public hearing. Mr. Kopko noted he would be in favor of approving the application if alcoholic beverage service could be limited to 10:00 PM. Ms. DeBenedictis said she is not comfortable with that condition. Mr. Chadwick said he is not in favor of the application as he feels it is a successful restaurant as it is. Ms. DeBenedictis noted that other restaurants in the area, specifically the Ship’s Inn which is located directly across from a church, have all-alcoholic service. Discussion among Board members followed regarding limiting alcoholic beverages service to between 10:00 PM and midnight. Neighbor Will Waller spoke against the application. Mr. Fordyce said that the zoning enforcement officer issued a cease and desist order in June 2009 because the restaurant installed a small bar which was an illegal extension of the premises. Ms. DeBenedictis said there was no violation. Further Board discussion followed. Mr. Kopko moved to approve the application for a seasonal all-alcoholic beverages innholder license with the restriction that alcohol service ends at 11:00 PM; Mr. Atherton seconded. So voted 3-1. Chairman Roggeveen was opposed on the basis that she supports the restriction to be for midnight. On the application for change of manager, Mr. Kopko moved to approve as presented; Mr. Chadwick seconded. Ms. DeBenedictis said she wished to withdraw the liquor license application as she is not sure if she wants to change from her existing wine/malt liquor license which allows the restaurant to have alcohol service until 1:00 AM. She added she would like the opportunity to consider the business consequences and speak with management. Discussion followed among Board members and Town Counsel Leonard Kopelman. Mr. Kopko moved that the approval of the Figs application for a seasonal all-alcoholic beverages innholder license be suspended for 21 days and be conditional on the surrender of the existing wine/malt alcoholic beverages innholder license; Mr. Atherton seconded. So voted 4-0. On the motion for change of manager, so voted 4-0. Mr. Atherton moved to determine that Figs at 29 Fair, located at 29 Fair Street, is not detrimental to the educational and spiritual activities of a church or school pursuant to Section 16C of MGL Chapter 138; Mr. Chadwick seconded. So voted 4-0. 3. Public Hearing to Consider Appeal of Nantucket Islands Land Bank of Historic District Commission Disapproval of Certificate of Appropriateness No. 55822 for Property Located at 30B Washington Street, Nantucket, MA. Attorney Arthur Reade, representing the Nantucket Islands Land Bank, requested to continue the public hearing to 9 March 2011 as the full Board is not present. Chairman Roggeveen opened the public hearing. Mr. Atherton said he was disappointed by the appeal and said he hopes the HDC and Land Bank can take the time to resolve their issues. Mr. Kopko moved to continue the public hearing to 9 March 2011; Mr. Chadwick seconded. So voted 4-0. 4. Public Hearing to Consider Appeal of Nantucket Islands Land Bank of Historic District Commission Disapproval of Certificate of Appropriateness No. 55823 for Property Located at 30 Mizzenmast, Nantucket, MA. Chairman Roggeveen opened the public hearing. Mr. Kopko moved to continue the public hearing to 9 March 2011; Mr. Chadwick seconded. So voted 4-0. VII. TOWN MANAGER’S REPORT 1. Request for Appointment of Acting Town Accountant (Continued from 16 February 2011). Mr. Tivnan explained that Finance Director Connie Voges will be leaving her position at the end of the month and per the Town Charter, she also acts as the Town Accountant. Assistant Finance Director Irene Larivee requested that Finance Controller Bob Dickinson be named as Acting Town Accountant. Mr. Kopko 4 spoke in favor of making the temporary appointment permanent. Mr. Kopko moved to appoint Mr. Dickinson as Acting Town Accountant; Mr. Atherton seconded. So voted 4-0. VIII. SELECTMEN’S REPORTS/COMMENT 1. Review/Adoption of Conservation Restriction and Preservation Restriction Policy (Continued from 9 February 2011). Mr. Chadwick said his main concern in reviewing and approving conservation restrictions (CRs) and preservations restrictions (PRs) is public benefit, which he said to him means public access, and he would like to add language to this effect. He also suggested requiring a possible donation of $1,000 to the Town for the Roads and Right of Way Committee if public access is not granted. Mr. Kopko said Mr. Chadwick’s suggestion is laudable but he disagrees with it, saying he feels it could “turn people off” from granting CRs and PRs. Some discussion followed. Nantucket Land Council executive director Cormac Collier said for there to be a public benefit does not mean there has to be public access. Mr. Kopko moved to accept the language as presented and adopt the CR and PR policy effective today; Mr. Atherton seconded. So voted 3-1. Mr. Chadwick was opposed. 2. Board of Selectmen Appointee to Board of Health (Continued from 2 February 2011; 9 February 2011; 16 February 2011). This matter was continued to 2 March 2011. 3. Committee Reports. There were no committee reports. Mr. Atherton said he feels the Board needs to respond to the parking issues brought up by ReMain and the Nantucket Planning and Economic Development Commission (NP&EDC) and said that he would like to see a committee appointed by selection or have Town Administration appoint a group. Chairman Roggeveen said the matter can be put on a future agenda. Mr. Chadwick said he would like a policy discussion addressing stipends, bonuses, and merit pay to be placed on a future agenda. Mr. Atherton said he would like the Town personnel policies to become enterprise fund personnel policies as well Mr. Atherton said he expects to see a capital request come forward for the proposed Madaket wind turbine, and he said the Board needs to understand the important variables and impacts of the project. Mr. Kopko suggested the board revisit the prioritization of the wind turbine project. VIII. ADJOURNMENT The meeting was unanimously adjourned at 7:43 PM. Approved the 1st day of June, 2011. BOARD OF SELECTMEN 23 FEBRUARY 2011 – 6:00 PM COURT ROOM, TOWN & COUNTY BUILDING 16 BROAD STREET NANTUCKET, MASSACHUSETTS List of documents used at the meeting: III. 1. Open Meeting Law complaint response from Office of the Attorney General IV. 3. Pending contracts spreadsheet for 22 February 2011 V. 1. Resignation letter from Dorothy Hertz from Council for Human Services; list of current Council for Human Services membership V. 2. Memo from Visitor Services, re: gift; letter from Anonymous, re: gift of 2011 Fourth of July fireworks show V. 3. Memo from Roads and Right of Way Committee, re: public way marking project; portion of Board minutes of 13 May 2009; spreadsheet with photos of proposed public way marker locations V. 4. Email from David Bartlett, re: Sconset street vendor license; recommendation from Traffic Safety Work Group; emails from NRTA, Sconset Civic Association, and Sconset Casino; photos V. 5. Letter from Habitat for Humanity, re: access request; site plan; copies of building permits V. 6. Determination letters for DeMarco Restaurant, 12 Degrees East, Jared Coffin House, and Brick House Bistro VI. 1. Recommendation from DPW; Letter from Site Design Engineering; subdivision plan VI. 2. Cover letter from Town Administration, re: ZBA decision; current liquor license; site plan; letter from 1709 Associates, re: application for new liquor license; abutter letters from William and Jean Fordyce, Seven Plumb Lane Nominee Trust, William and Sheila Sullivan, Thomas and Kathy Bologna, and William and Pamela Waller; ABCC application; ABCC change of manager application; determination letter for Figs at 29 Fair VI. 3. HDC appeals procedure; memo from the HDC; appeal request from Reade, Gullicksen, Hanley & Gifford with attachments VI. 4. Appeal request from Reade, Gullicksen, Hanley & Gifford with attachments VII. 1. Conservation restriction and preservation restriction draft policy