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HomeMy WebLinkAboutBoard of Selectmen Minutes August 21, 2008 Executive Session_201402061518065222BOARD OF SELECTMEN EXECUTIVE SESSION. Minutes of the Meeting of 21 August 2008.The meeting took place in the 1st floor Conference Room, Town and County Building, 16 Broad Street, Nantucket, MA 02554. Members of the Board present were Rick Atherton, Allen Reinhard, Michael Kopko and Patricia Roggeveen. Also present were Town Manager C. Elizabeth Gibson, Assistant Town Manager Malachy Rice and Town Counsel Paul DeRensis. Chairman Kopko called the meeting to order at 9:10 AM, following a meeting in open session. Brian Chadwick arrived at 10:35 AM. Approval of Minutes of 28 July 2008. The minutes of 28 July 2008 were approved by the unanimous consent of the meeting via roll call vote. Collective Bargaining. Attorney Peter Berry from Town Counsel’s office (via telephone) and Ms. Gibson discussed the status of a request by local newspapers to the Secretary of State to release information regarding the Linda Williams settlement case. With regard to negotiations with the Police Department, Mr. Berry provided an update concerning the Town’s last wage proposal and the status of the arbitration. Some discussion also occurred regarding a new “Superior Officers” unit that has been proposed and the Board voted to authorize Mr. Berry to convey that the Town would recognize the new unit with the provision members of the new unit agree to use the same boiler plate language currently used in the officer’s contract. Ms. Gibson left for the following discussion. Some discussion also followed concerning the union status of the Deputy Police Chief. Ms. Gibson returned to the room. Ms. Roggeveen excused herself from the table and left the room thus abstaining from the following discussion concerning an update on negotiations with the Laborers’ Union. Ms. Gibson and Mr. Berry provided an update, followed by some discussion. Ms. Roggeveen returned to the room and took her seat at the table and an update was provided by Ms. Gibson and Mr. Berry on the Fire Department labor negotiations. Real Estate Disposition. Attorney Rob Hillman (via telephone) from Town Counsel’s office updated the Board on the cable license renewal negotiations as well as the status of developing a Public Education and Government (PEG) channel. Some discussion followed regarding the surcharge for the PEG and there was general consensus that Mr. Hillman and the Cable Television Advisory Committee should negotiate toward a 5% PEG channel surcharge. Litigation. Attorney Dan Deutsch (via telephone) from Town Counsel’s office updated the Board with regard to the Ryan litigation and after some discussion followed, in which Mr. Deutsch relayed that Mr. Ryan wants 12-15 years of additional use of the cottage, rent-free, the Board unanimously voted to allow Mr. Ryan up to twelve years of rent-free use of the cottage and in return the Town will give Mr. Ryan an easement to the driveway (providing Town Meeting approves). It was unanimously agreed that Mr. Deutsch will prepare the draft counter-offer with specific restrictions outlined for the use of the cottage for the Board to review. Real Estate Disposition. Ms. Gibson updated the Board on the notice given Jason Briggs to remove a structure located on Muskeget Island and Mr. DeRensis explained “squatter’s rights.” There was general agreement by the Board to let the 90 days notice run out before any further action is taken. With regard to a Conservation Restriction (CR) contemplated for Muskeget, Mr. DeRensis reported that this may be more complicated to achieve then first presented and some discussion followed. It was generally agreed that Town Counsel will not draft a CR at this time; and, the Board would not pursue it. Ms. Gibson updated the Board on the status of the Town’s efforts to acquire land in Madaket under the control of the federal General Services Administration (GSA). Discussion followed concerning the possibility of a legislative transfer of the property to the Town. Litigation. Mr. Chadwick reviewed a proposed settlement agreement regarding the Herlitz case and after some discussion, the Board unanimously agreed to put forward a counter-offer as follows: consent to the Herlitz’s installation of a non-permanent floating dock with no “No Trespassing” or other signage prohibiting public access, with evidence that the Herlitz’s have provided liability insurance holding the Town harmless; and authorized Town Counsel to draft a counter offer agreement. Chairman Kopko left the room and did not return to the meeting thus abstaining from the following discussion. Ms. Roggeveen provided an update on some recent discussions with representatives from the Nantucket Yacht Club (NYC) and after some discussion, the Board unanimously agreed to authorize Ms. Roggeveen to offer that the Town license an area of its property currently being used by the NYC as a walkway to the NYC for five years; and, to “agree to disagree” as to ownership of a particular piece of property, and the NYC would pay for moving a stormwater outfall pipe, if needed. The meeting was unanimously adjourned at 12:10 PM. Approved the 2nd day of October 2008. Released the 17th day of February, 2010. .