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HomeMy WebLinkAboutBoard of Selectmen Minutes September 23, 2009_2014020616122309001 BOARD OF SELECTMEN Minutes of the Meeting of 23 September 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 VI. 2. will be heard first, then the Board will recess to the County Commissioners, then go back into session for the remaining agenda items. SELECTMEN’S REPORTS/COMMENT District Attorney’s Office: Changes in Ethics and Open Meeting Law Presentation. Tom Shack of the District Attorney’s Office reviewed recent changes made to state ethics and open meeting laws, which are scheduled to take effect in July, 2010 and earlier. Following the presentation, Mr. Shack answered questions from the Board. At 6:30 PM the meeting was recessed for the County Commission meeting. The Board meeting resumed at 6:37 PM. ANNOUNCEMENTS Town Manager C. Elizabeth Gibson reviewed the 2009 committee/board/commission vacancies. She added that a public hearing to consider applications for certain vacancies will be held 7 October 2009 and appointments will be made 14 October 2009. Chairman Kopko read a proclamation from the National Center on Addiction and Substance Abuse at Columbia University declaring Monday, 28 September 2009 as “Family Day – A Day to Eat Dinner with Your Children”. The Board authorized Chairman Kopko to sign the proclamation by acclimation. There will be no Board of Selectmen meeting on 30 September 2009 as it is the fifth Wednesday of the month. Ms. Gibson noted that Free Cash has been certified by the state Department of Revenue and recognized the hard work of the Finance Department to accomplish this certification far earlier than ever before. The Ad Hoc Fiscal Committee is finalizing its draft report and will hold two public forums on 29 September 2009 and 1 October 2009. A final report will be presented to the Board on 14 October 2009. PUBLIC COMMENT None. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS Approval of Payroll Warrant for Week Ending 20 September 2009. The payroll warrant for week ending 20 September 2009 was approved by the unanimous consent of the meeting. 2 Approval of Treasury Warrant for 23 September 2009. The treasury warrant for 23 September 2009 was approved by the unanimous consent of the meeting. CITIZEN/DEPARTMENTAL REQUESTS Hearing Regarding Vicious Dog Complaint Pursuant to MGL Chapter 140 Section 157. Ms. Gibson noted that the owner of “Lester”, the dog in question, has requested a continuance of the hearing to Thanksgiving week, which she does not recommend. Ms. Roggeveen agreed that the hearing should not be continued. Mr. Chadwick pointed out that that there is no Board meeting scheduled the week of Thanksgiving. The Board, by unanimous consent, agreed to hold the hearing tonight. Chairman Kopko read the complaint received and swore in Mort Schlesinger who gave testimony on the complaint. Officer Fotev, an officer for the Nantucket Police Department who often works animal control, reviewed seven complaints involving “Lester” and described the animal as a eight- year old, 74 pound Blue Tick Bloodhound which resides seasonally at 1 Brock Court. Chairman Kopko asked Mr. Schlesinger if he feels “Lester” is vicious or dangerous; Mr. Schlesinger answered yes. Chairman Kopko then asked Mr. Schlesinger if he is fearful of the animal; Mr. Schlesinger said that he is not personally fearful of “Lester”, and added that the owners removed the animal’s voice box which has possibly frustrated it and made it more aggressive. Mr. Schlesinger asked that “Lester” not be destroyed, only that it be banned from returning to Nantucket. Chairman Kopko swore in Marcia Fader, whose property abuts 1 Brock Court, to give testimony; she said she feels the need to have protection with her if she goes into her own yard as she is fearful of the animal while on her own property. Chairman Kopko swore in Frances Elder, whose property also backs up to 1 Brock Court, who stated she is in constant observation of “Lester” and feels she can’t enjoy her property because of him. She also noted she saw the animal bite one of the people listed in a police report. Chairman Kopko concluded the hearing portion of the matter and a discussion followed among Board members. Ms. Roggeveen said she feels “Lester” should be banned from Nantucket and that its owners have not acted responsibly. Mr. Chadwick agreed with Ms. Roggeveen and said he feels the animal should be banned from the Island. Chairman Kopko inquired how that would be conveyed to the owners. Police Chief Pittman said a letter of banishment would be sent to the owners noting that if the animal is brought back to the Island it would be seized by the animal control officer and boarded at the owner’s expense. Mr. Chadwick moved to ban “Lester” the dog from the Island, and that if the animal is found on the Island, it will be seized and boarded at the owner’s expense pending further review by the Board; Ms. Roggeveen seconded. All in favor, so voted. Request to Establish Human Services Collaborative Work Group (Continued from 9 September 2009). Ms. Gibson noted she supports the formation of the work group as proposed, as the current human services model is 16 years old and in need of review in any event. Peter Swenson of Nantucket Behavioral Health Services, Inc. said the formation of the work group would be a strategic planning process to reevaluate the current human services model. Cheryl Bartlett, currently working for the state Department of Public Health, noted she was part of the original human services group and said she supports the establishment of a collaborative work group. Peter Mackay, the social services manager at Nantucket Cottage Hospital, also spoke in favor of the work group. Maryanne Worth, coordinator of the Council for Human Services, reviewed questions she has on the work group and suggested changes on the make-up of the group. She noted she does not feel the work group “fits the Human Services Department”. A discussion followed on membership of the work group. Mr. Chadwick said he feels the two proposed community members should have no ties to any organization which receives funding from the 3 Town. Ms. Roggeveen suggested adding a representative from the senior community. Chairman Kopko agreed with Ms. Roggeveen about adding an additional seat on the work group for a representative from the senior community and noted that meetings would be posted. Ms. Roggeveen moved to establish the human services collaborative work group as presented and amended and appoint the work group members through the normal committee appointment process; Mr. Reinhard seconded. All in favor, so voted. Ms. Worth asked if the work group will be replacing the Human Services Contract Review Committee. Chairman Kopko said no. Action on “Keno to Go” Notification. Ms. Gibson reviewed the “Keno to Go” application for Carolina’s Mini Market. She noted that the state issues notification to municipalities on these licenses and a hearing is held if there is an objection by the Town. Mr. Reinhard said he is “philosophically opposed” to the state supporting and promoting gambling. The Board consensus was to take no action. TOWN MANAGER’S REPORT Review of Boards, Commissions, and Committees Manual. Ms. Gibson explained that Town Administration has discussed a committee manual for some time and the manual developed came as a result of frequently asked questions, and includes a guide to the open meeting law, conflict of interest law, Roberts Rules of Order, and an organizational chart of the Town of Nantucket. She said a draft of the manual was given to the Board for review on 10 September 2009, and asked the Board to adopt the manual tonight, noting the second step would be the adoption of the appendices. Chairman Kopko said he felt the Administration was moving in the right directions but asked the Board to wait two weeks to review the manual more thoroughly before adoption. A brief discussion on the manual followed. Assistant Town Manager Malachy Rice said the manual is a careful compilation of existing material. After further discussion, Mr. Reinhard moved to adopt the manual as presented; Ms. Roggeveen seconded. All in favor, so voted. Review of 2010 Annual Town Meeting and FY 2011 Budget Timelines. Ms. Gibson reviewed the budget timeline, adding that the timeline does have some added detail this year, and asked the Board to endorse it, noting that some dates may be subject to change. Mr. Atherton moved to endorse the draft timeline for the budget as presented; Mr. Reinhard seconded. All in favor, so voted. Mr. Gibson reviewed a draft 2010 Annual Town Meeting timeline, noting the Annual Town Meeting is scheduled for 5 April 2010 at 6:00 PM, and the Annual Town Election is scheduled for Tuesday, 13 April 2010. She also noted there are two scheduled sessions with Town Counsel for citizens on “how to prepare a warrant article”. Ms. Gibson said she hopes to bring back a final version of the 2010 Annual Town Meeting timeline next week. Ms. Gibson reviewed upcoming items for the Board including the Nantucket Hunting Association lease, the state Oceans Management Plan, the cable television license renewal, the Wilkes Square redevelopment process, a Sconset Beach Preservation Fund update, Harbor Plan Implementation Committee progress, and the sewer rate model update. SELECTMEN’S REPORTS/COMMENT Consideration of Amendment to Home Rule Petition Regarding House Bill 3816 (Miacomet Avenue). Planning Director Andrew Vorce reviewed House Bill 3816 and requested the Board approve a revised petition with minor, non-substantive changes per the legislators and lawyers, 4 and execute a new version. Mr. Chadwick moved to approve the execution of the amendment to House Bill 3816; Mr. Reinhard seconded. All in favor, so voted. Sherburne Commons Update. Chairman Kopko said negotiations with Servant Healthcare are “status quo” with the report given at the 21 September 2009 Special Town Meeting. Ms. Roggeveen added that significant progress has been made on key issues and the Town and Servant have agreed to a memorandum of understanding and a term sheet, to be executed shortly. Committee Reports. Individual Board members gave status reports for the committees on which they serve as representatives or liaisons. Whitey Willauer also gave status reports for the committees for which he is the Board’s liaison. The meeting was unanimously adjourned at 8:41 PM. Approved the 24th day of March, 2010.