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HomeMy WebLinkAboutBoard of Selectmen Minutes October 21, 2009_201402061612225900BOARD OF SELECTMEN Minutes of the Meeting of 21 October 2009. 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, Allen Reinhard, and Patricia Roggeveen. Chairman Kopko called the meeting to order at 6:01 PM. Chairman Kopko noted agenda item V. 1. will be the first agenda item. TOWN MANAGER’S REPORT Sewer Rate Model Project Update. Town Manager C. Elizabeth Gibson said that the Town engaged the Abrahams Group to work on a sewer rate model several months ago per the Board direction and as a result of the model, the Board increased the sewer rates in July 2009. She said since then it has been realized that the increase may not be enough for FY 2010. Mark Abrahams of the Abrahams Group updated the Board on meter equivalency and flow scenarios, and reviewed a work plan for the rate model for a rate adjustment. Mr. Abrahams noted in July 2009 rates were increased 20% to derive $5,325,850 in user charge revenue but that since then, sewer flows have declined by 16% and related billings have only increased by 3%, not that 20% anticipated. He noted the reduction in flow can be associated with the wet summer season and the increased use of deduct meters. Mr. Abrahams added that even though the FY 2010 Sewer Enterprise Fund budget was reduced at the 21 September 2009 Special Town Meeting if flows remain down there could still be a revenue shortfall. He said the plan is to come back to the Board in December 2009 with an update and to seek policy guidance which could possibly result in an additional rate increase in January 2010. Mr. Abrahams answered questions from the Board on deduct meters and privilege fees. At 6:30 PM the Board of Selectmen recessed to the Board of Health. Chairman Kopko called the Board of Selectmen back to order at 7:11 PM. ANNOUNCEMENTS Ms. Gibson said tonight is the last night Plum TV is taping the Board’s meetings and that Channel 17 has shown interest in taking over the taping. Chairman Kopko thanked Plum TV for its service. Thursday, 22 October 2009 from 9:00 – 11:00 AM at 2 Fairgrounds Road Town Counsel will be available to provide legal assistance for citizen warrant articles. Tax bills will be issued Friday, 23 October 2009 and are due Monday. 23 November 2009. Chairman Kopko said the Nantucket Alliance for Substance Abuse Prevention, Inc. has requested the Board to proclaim “Red Ribbon Week” 26 - 30 October 2009. Chairman Kopko read the proclamation which was approved by the unanimous consent of the meeting. PUBLIC COMMENT None. 1 APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS Approval of Payroll Warrant for Week Ending 18 October 2009. The payroll warrant for the week ending 18 October 2009 was approved by the unanimous consent of the meeting. Approval of Treasury Warrant and Pending Contracts for 21 October 2009. Ms. Gibson reviewed the various pending contracts. The treasury warrant and pending contracts for 21 October 2009 were approved by the unanimous consent of the meeting. PUBLIC HEARINGS Public Hearing to Consider Applications for the Human Services Collaborative Work Group and Sewer Act Implementation Work Group. Chairman Kopko opened the public hearing, and noted the Board has received no applications for the Sewer Act Implementation Work Group and as previously discussed with Ms. Gibson, will commence working on the issue with a Board volunteer and Town staff. Regarding the Human Services Collaborative Work Group, Ms. Gibson noted that the Finance Committee will meet Tuesday to vote for their representative on the Work Group, adding that Finance Committee member Steve McCluskey has submitted an application which the Board will hold for now. Jackie McGrady, Linda Williams, Neil Paterson, Glenora Kelly Smith, Whitey Willauer, and Toby Greenberg all spoke in favor of their applications. Chairman Kopko said he is interested in being the Board’s representative to the Work Group, thanked all applicants who attended the hearing, and closed the public hearing. Public Hearing to Consider an Amendment to the Entertainment License Held by Lola 41 Restaurant LLC d/b/a Lola 41, Marco Coelho, Manager for Premises Located at 15 South Beach Street. Chairman Kopko recused himself from this matter. Vice Chairman Roggeveen opened the public hearing. Attorney Kevin Dale, representing Lola 41, spoke in favor of the application for a disc jockey (DJ) on Halloween night and “other times”. Lola 41 Manager Marco Coelho said he will abide by the occupancy limit of 48 people. Ms. Gibson asked for clarification on “other times”. Mr. Dale said other times would probably be Friday and Saturday nights. Mr. Chadwick said he does not support the application as a DJ in a residential neighborhood could be disruptive. Mr. Dale clarified that there will be no increase in volume and no change from what is already approved with the exception of having a DJ handling the music, adding that the doors and windows will remain closed and the DJ will be inside only. Vice Chairman Roggeveen noted that the entertainment license expires at the end of the year and she is in favor of a “test period” for Halloween and other weekends through the end of the year. Fire Chief Mark McDougall said this is permissible for a temporary license under the fire code, but if a DJ continues on weekends it is no longer considered a temporary license and sprinkler laws will come into effect. Vice Chairman Roggeveen closed the public hearing. Mr. Reinhard moved to approve the amendment to the entertainment license for Lola 41 to allow a DJ for Halloween and the other times specified for the term of the existing license; Mr. Atherton seconded. Ms. Gibson clarified that there will be no amplification of the DJ, the DJ will remain inside at all times and the windows and doors will remain shut, and there will be no change in the music volume. On the motion, all in favor, so voted. TOWN MANAGER’S REPORT Quarterly Review of FY 2010 Sewer Enterprise Fund Budget. Department of Public Works Director Jeff Willett reviewed the Sewer Enterprise Fund (SEF) budget for the first quarter of FY 2010, noting billable revenue is up in the first quarter by 3% but is still below the estimated increase from a July 2009 rate adjustment. He noted that 140 deduct meters have been installed resulting in 2 approximately $35,000 in revenue reduction. Wannacomet Water Company Manager Bob Gardner said he estimates a minimum of 90 more deduct meters to be installed by spring for a total revenue reduction of $89,000. Mr. Willett added that only seven sewer connection permits have been issued in the first quarter which is on pace with the Town’s projection but still considerably less than previous years. A discussion followed among the Board regarding deduct meters. Mr. Willett said there are 243 flat rate users who are on private wells but are connected to the sewer, noting this is an issue that needs to be addressed; he added that some of these flat rate users have decided to meter their well consumption. Quarterly Review of FY 2010 Solid Waste Enterprise Fund Budget. Ms. Roggeveen noted a front page story in yesterday’s New York Times regarding the Town’s recycling rate being the highest in the nation, which the Town should be proud of. Mr. Willett reviewed the Solid Waste Enterprise Fund (SWEF) budget for the first quarter of FY 2010. He reviewed the analysis of the SWEF cost centers, noting that out of the seven cost centers identified, only two have revenue to offset expenses. Mr. Willett answered questions from the Board throughout his presentation. Chairman Kopko said he attended the Ad Hoc Budget Work Group meeting today where the FY 2011 SWEF budget was discussed, noting that the Town should figure out how to rationalize funding the SWEF either through fees, a General Fund subsidy, or a combination of both. He said that the consensus seems to be that the way it is now structured it is not working. A discussion among the Board followed. Town Health Insurance Review (Budget History, FY 10 Year-to-date budget, FY 11 Projection, Trends, Options for Savings, Comparison to Other Towns). Peter Kenney of Cook and Company, the Town’s health insurance consultant, gave an update on the Town’s health care costs, including budget history, the FY 2010 year-to-date budget, the FY 2011 projection, trends, options for savings, and a comparison to other towns. Mr. Kenny answered questions from the Board. SELECTMEN’S REPORTS/COMMENT Review of Scope of Services for Independent Review of Town’s Legal Services. Chairman Kopko noted the consensus of the Board is to hire an outside third party to undertake an independent review of the Town’s legal services and that Ms. Gibson has prepared a draft outline of scope of services. Ms. Roggeveen added that this is not a routine review; that the goal of the process is to develop a request for proposal (RFP) for legal services. The Board reviewed and discussed the draft scope of services with Ms. Gibson. It was agreed that Ms. Gibson would incorporate the changes discussed and bring back a final scope of services to next week’s meeting for review. The Board unanimously agreed to hire an outside consultant for the review of Town legal costs. Review Standards of Model One Big Beach Easement. Mr. Atherton said the question is how beach driving affects property owners agreeing to “One Big Beach” easements, noting the idea is to treat all properties equally but that he feels the standard “One Big Beach” easement doesn’t fit all scenarios and maybe the allowance of beach driving should not always be included in the easement. Ms. Roggeveen said the goal is to maintain public access to the beaches, and beach driving is one issue, but there are others such as times of access and parties on the beaches. Chairman Kopko said he believes Planning Director Andrew Vorce shares the view that the easement is possibly too restrictive, and suggested that Mr. Vorce redraft the easement to be more flexible. A discussion among Board members and staff followed. Surfside resident Jim Mullen 3 4 asked that the Town’s standard “One Big Beach” easement document be posted on the Town’s website. Discussion Regarding Board of Selectmen Access to Documents. The matter was tabled due to the lateness of the meeting. Committee Reports. Individual Board members gave status reports for the committees on which they serve as representatives or liaisons. A brief discussion on the management of the Town’s cemeteries took place. The meeting was unanimously adjourned at 9:28 PM. Approved the 22nd day of September, 2010.