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.
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