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HomeMy WebLinkAbout1992-12-30BOARD OF SELECTMEN Minutes of the Meeting of 30 December 1992 at 4:30 PM, The Meeting took place in the Selectmen's Meeting Room, Town and County Building, Nantucket, MA 02554. Members of the Board present were: Arthur Desr°Cher, Nancy Sevrens, Carl Borchert and Timothy Madden. Chairman Holmes was absent. Vice-Chairman Borchert called the meeting to order at 4:30 PM. Approval of Minutes of November 23, 1992 at 4;00 PM; December 2, 1992 at 7:30 PM. Mr. Desrocher moved approval; seconded by Mr. Madden. So voted. Approval of Payroll Warrant for Week Ending December 19, 1992 and December 26, 1992. Mr. Desrocher moved approval; seconded by Mr. Madden. So voted. Approval of Treasury Warrant for December 16, i992; December 23, 1992 and December 30, 1992. Mr. Desrocher moved approval; seconded by Mr, Madden. So voted. Renewal of Entertainment License for Summer House and Summer House Pool. Vice-Chairman Borchert noted that this matter was tabled from the meeting of December 16, 1992. Mr. Desrocher moved to approve the renewal as recommended; seconded by Mr. Madden. Vice- Chairman Borchert amended the motion so as to stipulate on the renewal licenses that amplified music shall not exceed the maximum decibel level allowed by the 1992 Town of Nantucket Noise Bylaw. So voted as amended. Finance Department: Collector/Treasurer. Vice-Chairman Borchert read a memorandum from Finance Director Walter Lindberg recommending the appointment of Stephen Maloney as Collector/Treasurer, effective January 25, 1993, per the terms and conditions that have been mutually agreed upon. Mr. Desrocher moved approval as recommended; seconded by Mr. Madden. So voted. Park & Recreation Commission APpointments. Vice-Chairman Borchert noted that Park & Recreation Commissioners Jay Fox and Jack Gardner's terms expire on December 30, 1992, and they have both expressed interest in being reappointed to additional three-year terms. Vice- Chairman Borchert further noted that no other applications have been received~ Mr. Desrocher moved to approve Jay Fox and Charles "Jack" Gardner to three-year terms as Park & Recreation Commissioners; seconded by Mr. Madden. So voted. Marine Department; Appointment of Deputy Shellfish Wardens. Vice-Chairman Borchert noted that Marine Superintendent Fronzuto has recommended the appointment of Martin Ceely and Michael Davis as Deputy Shellfish Wardens. Mr. Desrocher moved approval as recommended; seconded by Mr. Madden. So voted. Nantucket Inn: Request for Expansion of Hours for Entertainment License. Mr. Desrocher moved to approve the expansion of hours of entertainment from 8:00 PM - 12:00 AM to 11:00 AM - 12:00 AM; seconded by Mr. Madden. So voted. Chicken Box, Muse and The Nantucketeers: Rea_uest for Extension of Hours.on January. 1. 1993. Vice-Chairman Borchert noted that the Chicken Box and the Muse are requesting to extend their clsoing hours until 2:00 AM on January 1, 1993. Mr. Desrocher noted that the Nantucketeer Restaurant, formerly known as Sam's, will not be serving alcohol, and is requesting to eXtend its closing hour on New Year's Eve to 4:00 AM in order to provide a food service to post party revelers. Mr. Desrocher moved to approve the extension of hours for the Chicken BOx and the Muse until 2:00 AM on New Year's Eve stipulating that both establishments incorporate the Designated Driver Program into the evening activities, and to approve an extended closing hour of 4:00 AM to the Nantucketeers for the purpose of serving food; seconded by Mr. Madden. So voted. Marine Department; Request for Approval of Saturday Scalloping, Marine Department Superintendent Fronzuto requested the approval of Saturday scalloping from Saturday, January 2, until the end of the scallop season, March 31, 1993. Mr. Desrocher moved approval as recommended; seconded by Mr. Madden. Some discussion followed regarding the extra costs Minutes of the Meeting of 30 December 1992 -- 4:30 PM Page II. and overtime involved in extending the week to include saturday scalloping. So voted. Fire Det~artment: Re~_uest for Unpaid Leave of Absence for Employee. Fire Chief Watts explained that firefighter Erie Mailloux is requesting an unpaid leave of absence from February 18, 1993 through May 21, 1993 to return to school. Chief Watts noted that Mr, Mailloux has been employed by the Fire Department for over a year. Mr. Desrocher moved to approve the request for unpaid leave for the time period specified; seconded by Mr. Madden; So voted. Discussion Regarding an Abutters' Way in Sconset. Vice-Chairman Borchert explained that the Board is being requested, as County Commissioners, to accept Sheffield Way in SconSet, an abutters' way, as a public way. Vice-Chairman Borchert further explained that the Right-of-Way Committee recommended the Board of Selectmen send a letter to Max O. Johnson, the properly owner who erected a fence which allegedly obstructs the abutters' way, and ask that he remove the fence. Siasconset resident Sheila Todd expressed her opinion that it was vital for the general public to retain access through all public and abutters ways in the village and some discussion followed regarding the ownership of the numerous ways in Siasconset. It Was suggested that the Town and County Right of Way Committee further investigate this matter. Attorney Rhoda Weinman, attorney for Mr. Johnson, stated that Mr. Johnson has agreed to remove the fence by January 31, 1993. Mr. Desrocher, moved to table action on the matter of accepting Sheffield Way as a Public Way, until the first week of February in light of Attorney Weinman's announcement that the fence will be removed; seconded by Mr. Madden. So voted. Chairman Holmes arrived at 4:50 PM and took over as Chair. .Finance Department: Property Tax Assessments for Concessions under JUrisdiction of Park & Recreation Commission. Chairman Holmes explained.that the Park & Recreation concessions at Surfside, Jetties and Children's Beach have been assessed property tax by the Assessor. Chairman Holmes further noted that a memorandum, received from Town Counsel, indicates that it is not a good policy for the town to, in effect, change the financial terms of a lease until such lease lapses, and consequently, the town should assume responsibility for payment of the bills until the leases lapse. Park & Recreation Director Anne Connors asked the Board to make a determination as to who should pay the concession tax bills and some discussion followed regarding this issue. Mr. Desrocher moved to accept the obligation for payment of Park & Recreation concession property taxes, and to meet with the Finance Committee to work out the mechanics of payment at a later date; seconded by Mrs./Sevrens. So voted. Mr. Madden abstained. D.P.W.: Out-of-State Travel. Superintendent of Public Works Willett explained that he was requesting approval for a representative of the DPW to travel to Baltimore Maryland March 9 - 11, 1993 to' attend the National Conference on ReClaiming l_atndfills. Mrs. Sevrens moved to 'approve the request at an estimated 'cost of $1,200.00, to be approPriated from Article 55 of the 1991 Annual Town Meeting; seconded by Mr. Borchert. So voted. Marine Departmeng: Requ~t for Execution of Temporary_ Employment Agreement for Shellfish Propagation Intern. Chairman Holmes noted that Marine Superintendent Fronzuto was requesting approval of a temporary employment contract for Ms. Tracy Cufley to perform marine biolog*y services. Mr. Desrocher moved to apprOve the contract and authorize the Chair to execute it on behalf of the Board as recommended; seconded by Mrs. SeVrens. So voted. Police Department: Bid Awards, Various. Chairman Holmes read. a memorandum fr°m..~ Police Department recommending the following bid awards: Police Authoriz,..ed successful bidder being the highest bidder): Mrs. Sevrens moved to approve the bidto N~tuCket Auto Body, Inc. @ $11,500.00 as recommended; seconded by Mr. Borchert. The other.bidder was J&M Towing for $12,555.00 which was deemed a non-responsive, bid. Mr. Mich~&l Cranston, principal of J&M Towing expressed his displeasure regarding the towing bid award. Mr. Cranston stated that he felt he should be awarded the bid for Police Authorized Tows, as the high Minutes of the Meeting of 30 December 1992 -- 4:30 PM Page III. bidder, as long as he complies with the bid specifications before the contract is executed. Chairman Holmes stated that a memorandum has been received from Town Counsel relative to this issue which stipulated that onCe a bid is received it must be acCepted as submitted. So voted. Mr. Madden and Chairman Holmes were opposed. Mr Borchert mOVed to approve the bid for Towing & Disposal of Abandoned MotOr Vehicles to Nantucket Auto Body, Inc. as the lowest responsive bidder @ $140/vehicle; seconded by Mrs. Sevrens. So voted. The other bidder was J&M Towing @ $175/vehicle. Mr. Desrocher moved to award the bid for Vehicle Repairs, Major & Warranty Work to Don Allen Auto ServiCe, the only bidder; for an hourly labor charge of $42/hr as recommended; seconded by Mr. Madden. So voted. Mr.. Borchert moved to approve the bid for Vehicle Servicing to Don Allen Auto ServiCe, as the lowest responsive bidder, for $25 charge/vehicle; hourly flat rate labor charge of $42/hr for minor repairs as recommended; seconded by Mrs. Sevrens. So voted. The other bidders were: Rainbow Motors @ $28charge/vehicle; hourly flat rate labor charges of $38.50 and Nantucket Automotive @ $30 charge/vehicle; hourly flat rate labor charge $40/hr. Mr. Desrocher mOVed to approve the bid for Police Uniforms & Equipment to Neptune, Inc. as the overall lowest bidder for $1,350.25 as recommended; seconded by Mr. Borchert. So voted. The other bidder was M&W PoliCe and Fire Equipment @ $1,481.60. Finance Department; Request for Renewal of Centrex Service Agreement for Maintenance of Telephone System, FinanCe Director Lindberg explained he was recommending that the Centrex telephone serviCe agreement with New England Telephone and U.S. TeleCenters be renewed for an 84 month (7 year) period. Mr. Desrocher moved approval as recommended and to authorize the Chair to execute the contract on behalf of the Board; seconded by Mr. Borchert. So voted. D.P.W.: Request for Execution of Contract for Open Marsh Management Project. Mr. Desrocher moved to approve the contract for Open Marsh Management with R.A. McClure, Inc. and authorize the Chair to eXecute it on behalf of the Board, with the term to be from the date of execution to June 30, 1994, and contingent upon insurance Certificates being extended to the appropriate date if they happen to expire prior to June 30, 1994 as recommended; seconded by Mr. Madden. So voted. D.P.W.: Request fbr Execution of Documents for Final State Payment of Infiltration/Inflow Project. Mr. Desrocher moved to approve as recommended and authorize the Chair to execute it on behalf of the Board as recommended; seconded by Mr. Borchert. So voted. Land Bank: Rea_uest for Execution of Property_ Management Agreement Renewal for Muskeget ~ Mr. Desrocher moved to renew the Property Management Agreement for Muskeget Island between the Town and the Nantucket Islands I_and Bank, with the existing terms and conditions as recommended; seCOnded by Mr. Borchert. Land Bank Director Dawn Darby outlined the terms of the agreement and some discussion followed regarding physical changes to Muskeget Island as a result of erosion. Mr. Desrocher moved approval as recommended; seconded by Mr. Borchcrt. So voted. Reaffirmation of Appointments. Chairman Holmes noted that due to a technical defect in posting the December 17, 1992 appointments meeting, it was necessary to reaffirm the votes cast at that meeting for the following appointments: Zoning Board of Appeals, Alternate Member; Capital Program Committee; Regional Advisory Council of the Cape & Islands P~ershiP to ReduCe Abuse and Acting Director of Emergency Preparedness. Mr. Desrocher moved to approve said appointments as recommended and as noted in the December 17, 1992 minutes; secon~ I~ Borchert. So voted. Contract Execution; Mi~ss~chusetts Small Cities Grant Agreement Between C0mmonweallh~of Massachusetts and Board of $~Iectmen. Executive Secretary Suzanne Kennedy expl, m. ned the components of the agreement and recommended the Board approve the standard state agreement with the Executive Offices of Communities and Development for grant funding in connection with the Massachusetts Small Cities Program in the amount of $713,000.00, and authorize the Chair to execute the contract on behalf of the Board. Mr. Desrocher moved approval as recommended; seconded by Mrs. Sevrens. So voted. Minutes'of the Meeting of 30 December 1992 --'4:30 PM 'Page IV. PUSL C COMMENT FinanCe DirectOr Walter Lindberg intr°dUced Mr. James Mal0neY, representative of US TeleCenterS,' and expressed appreciation that Mr. Maloney traveled to theisland~ to attend the meeting. Selectman Desrocher expressed his appreciation to Senator ~William "Biff'! McLean, ~vho is re~-'ing from the Massachusetts State Senate on December 31, 1992, for his, many yearS~of serviCe to the Commonwealth and NantUcket, Mrs, Sevrens moved to send Senator Mc~'a letter thanking him' for, his years of service and his responsiveness to the needs of Nantucket; seconded by Mr. Borchert. So voted. .' - Chairman Holmes noted that there were three matters scheduled to be heard in eXecutive session and raised the issue whether it was apPropriate to enter int° an executive Session ~on the of the termination of Finance Director Walter Lindberg's employment contract. Some discussion followed~ and Mr. BOrchert stated Mr. Lindberg had requested that this niatter be settled in executive session. It was noted that, in the event of a disciplinary Proceeding, a forty-eight hOur . written notification of such action must be given. Mr. Lindberg stated that he waived his right of said notification. There being no further business before the Board, at 6:35 .PM each member was polled and it was voted to adjourn to Executive Session for the purpose of litigation and contract negotiations; and to' subsequently reconvene in Open Session. Chairman Holmes and Mr. Desrocher were opposed., Libby Ranney Gibson Ass't Executive Secretary Approved the/~ay of Febmary, 1993. BOARD OF SELEC.'FMEN ContinUation of the minutes0fthe'M~ting'of 30 December 1992 at 4:30 PM. The'Meeting was- reconvened from an ExecUtive SessiOn at 7:00 pM. Ratification'Of General Release AgreemenB'and MUtual Terminati°n'f°r.Finance' Direct°r as Voted by Board of selectmen on December.. 30, 1992~ Mr...Borchert moVe, d:ratification';.°f: General Release Agreements and MUtual Termination'Agreement for: Fina/i~ DirectOr:W~t6r' Lindberg, as voted by the Board of Selectmen at its 'meeting of DeCember 30, !992; seconded by Mrs. Sevrens. So voted. Chairman Holmes and Mr. Desrocher were oppOsed. Mr.' DesrOCher mOved to aPpOint Tax Collector Dorothy Williams as acting Collector\Treasurer; seconded by' Mr. Madden. So voted. There being no further business before the Board, the meeting Was Unanimously adjourned at 7:10 PM. Submitted for review the 5th day of, FebrUary, 1993. Libby Ranney Gibson Ass't Executive Secretary Approved the 10th day of FebrUary, 1993. 'i t t