HomeMy WebLinkAboutBoard of Selectmen Minutes April 1, 2009_2014020616121007421
BOARD OF SELECTMEN
Minutes of the Meeting of 1 April 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.
ANNOUNCEMENTS
Town Manager C. Elizabeth Gibson noted the Town of Nantucket has been awarded a 2009 annual E-
Government Award with Distinction. Ms. Gibson recognized Molly Sprouse, Linda Rhodes, and Nathan
Porter from the Information Technology department who were all present and thanked them for their hard
work. She also thanked the various Town employees who have the responsibility to post to the website and
keep it updated.
Ms. Gibson reviewed the road paving schedule for the next month.
PUBLIC COMMENT
None.
CITIZEN/DEPARTMENTAL REQUESTS
Ad Hoc Budget Work Group: Fiscal Year 2010 Budget Update. Ms. Gibson reviewed the composition of the
work group and explained since last fall, the work group discussed the conditions of fiscal year 2010 and the
fiscal challenges the Town is facing. She said they worked to make recommendations to close the gaps on
the Town side, tried to address the structural deficit going forward, and ended up with a combination of one-
time and on-going spending reductions or revenue increases, including personnel reductions such as a
hiring freeze. A hiring freeze has helped close the projected fiscal year 2010 budget gap and the Town will
have to negotiate with the unions on how to close the rest of the gap. Ms. Gibson noted that it is the intent to
try to avoid layoffs to the extent possible through other means of savings. Ms. Gibson said going into fiscal
year 2011, the Town will face a number of challenges and that the idea of an ad hoc fiscal group which was
recommended by the Administration several months ago will be discussed later in the meeting. Finance
Committee chairman Jim Kelly also spoke and introduced the Finance Committee members who were
present and reviewed the role of the Finance Committee as it pertains to the budget process. Susan
Genthner, chairman of the School Committee introduced members of the School Committee present as well
as school superintendent Dr. Robert Pellicone. Ms. Genthner reviewed the School Committee’s budget
process. Ms. Roggeveen, who, in addition to the Ad Hoc Budget Work Group is chair of the Audit
Committee, said the Finance Department has caught up on the outstanding audits and submitted the 2008
audit yesterday, on schedule. Chairman Kopko said he anticipates the Town staying current on the 2009
audit and to receive regular reports on financial improvements. He said the work group meets as needed
and is a powerful tool for working together with the School Committee and the Finance Committee, and
allows for constant communication between the school, the Finance Committee, and Board of Selectmen.
The Board meeting was recessed for a County Commissioners meeting. Chairman Kopko called the Board
of Selectmen meeting back into session at 6:45 PM.
APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
Approval of Payroll Warrant for Week Ending 29 March 2009. The payroll warrant for the week ending 29
March 2009 was approved by unanimous consent of the meeting.
Approval of Treasury Warrant and Pending Contracts for 1 April 2009. The treasury warrant and pending
contracts, with the exception of a term sheet with Waste Options which Chairman Kopko asked the Board to
review separately, for 1 April 2009 were approved by unanimous consent of the meeting. Concerning the
term sheet with Waste Options (WON), Ms. Gibson explained it is a document prepared by special legal
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counsel and the Town's solid waste consultant with review and input from WON. She said the Board has
reviewed drafts of the document and the final version arrived today. Ms. Roggeveen explained that the term
sheet was developed for the proposed accelerated landfill mining program and outlines the terms of mining
to be conducted. She said the term sheet is a change to the WON contract, and with the Town’s
administrative consent order with the Department of Environmental Protection about to expire in June 2009,
the term sheet will allow for accelerated mining, composting of certain materials, and removal of the
remaining materials to an off-island facility. A discussion ensued about the details of the term sheet and
whether or not it should be approved tonight as some Board members have not had a chance to review the
final document and ask questions to special counsel if needed. Mr. Atherton moved to recess the Board
meeting at the end of tonight and continue it to Friday, April 3 for this specific contract; seconded by Mr.
Chadwick. The motion was not approved. Mr. Reinhard moved to execute the term sheet; seconded by Ms.
Roggeveen. So voted. Mr. Atherton and Mr. Chadwick were opposed. Mr. Reinhard moved to allow the
Town Manager to sign the term sheet on behalf of the Board of Selectmen; seconded by Ms. Roggeveen.
So voted. Mr. Chadwick was opposed.
CITIZEN/DEPARTMENTAL REQUESTS
Nantucket Autism Speaks Resource Center: Request for Proclamation Regarding World Autism Awareness
Day on April 2, 2009; Request to Proclaim August 16-23, 2009 Autism Awareness Week. Kim Horyn,
director of Nantucket Autism Speaks Resource Center, noted April 2 is World Autism Awareness Day and
said "Autism the Musical" is playing at the Starlight Theatre for free tomorrow at 5:00 PM. Ms. Horyn read a
proclamation for World Autism Awareness Day. Mr. Chadwick moved to adopt the proclamation; seconded
by Mr. Reinhard. All in favor, so voted. Ms. Horyn said Autism Awareness Week is August 15-22 and a walk
is scheduled for August 22. Chairman Kopko read an Autism Awareness Week proclamation. Ms.
Roggeveen moved to adopt the proclamation; seconded by Mr. Reinhard. All in favor, so voted. Ms. Horyn
invited the Board of Selectmen to participate in the Autism Awareness Walk in August.
Nantucket Taxi Owners Association: Request to Establish Taxi Advisory Committee. Jon St. Laurent,
president of the Nantucket Taxi Owners Association, spoke regarding the formation of a taxi advisory
committee, as approved by the Board on 15 November 2006. Mr. St. Laurent reviewed how he envisions the
committee, including its charge and composition. A discussion followed regarding the composition of the
committee and to whom the committee would report. Ms. Gibson said her recommendation for a taxi
advisory committee’s charge would be to advise the Town on taxi related matters, and suggested a
composition made up of three taxi representatives, and one representative each from the Chamber of
Commerce, Visitors Services, the Nantucket Restaurant Association, and the Police Department. Mr.
Atherton suggested the Board wait to vote on establishing a taxi advisory committee until the proposed
charge and composition of the committee are in written form. The Board agreed and will continue the issue
to the Board’s 15 April meeting.
Our Island Home: Request for Use of Pauline Smith Freeman Trust Fund for Software Update and
Purchase. Ms. Gibson stated that Our Island Home (OIH) is requesting permission to use $55,435 of the
Pauline Smith Freeman Trust to purchase computer software and pay for a three-year service agreement.
The Trust currently has a balance of approximately $140,000. A discussion ensued about the history of the
Trust and how funds have been used in the past. Ms. Roggeveen asked how the new software relates to the
Town’s financial accounting software MUNIS. Assistant Finance Director Irene Larivee said OIH is currently
using three to four different kinds of software systems separately for their patient billing and this new
software would bridge all the systems into one. Ms. Larivee said the new software does not directly interact
with MUNIS because there is patient protection within the software. She also noted that a solution was
tested within MUNIS about two years ago and it did not satisfy OIH’s specific billing needs. Finance
Committee chair Jim Kelly inquired whether the request was vetted by the Capital Program Committee and
also asked what process the Board uses to ensure the best usage of the trust funds. A discussion followed
regarding the software proposed and the length and cost of the service agreement. Ms. Roggeveen
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suggested the Town have a policy for how to manage this specific fund. Ms. Roggeveen moved to approve
the expenditure; seconded by Mr. Atherton on the condition that a management policy for the Pauline Smith
Freeman Trust be developed. All in favor, so voted.
TOWN MANAGER’S REPORT
Review of 2009 Committee Appointment Timeline. Ms. Gibson reviewed the committee appointment
timeline as well as outstanding committee structure recommendations/comments for the Board. Mr. Atherton
requested to have the committee spreadsheet listing all committees and members emailed to the Board. Mr.
Reinhard encouraged members of the public to join committees as they are a way to get involved in the
community.
Review of Proposed Ad Hoc Fiscal Committee. Ms. Gibson reviewed the proposed charge and composition
of the Ad Hoc Fiscal Committee, as well as a proposed meeting schedule. Ms. Gibson recommended an
independent facilitator who is not on the committee to focus the discussions and help guide the committee
toward its final report. A discussion ensued about the composition of the committee and Chairman Kopko
suggested it should be comprised of one member of the Finance Committee, one member of the Advisory
Committee of Non-Voting Taxpayers, and five members of the public. Mr. Atherton moved to establish the
committee; seconded by Mr. Reinhard. All in favor, so voted. Some discussion occurred as to having one or
more Selectmen on the committee.
Update Regarding Construction & Demolition (C&D) Debris Tracking and Monitoring Recommendations.
Ms. Gibson noted this issue has been discussed a few times over the last few months and Town
Administration has received reports from the Town’s solid waste consultant and special legal counsel on
various ways to track C&D. She said they have come up with some components to monitoring C&D which
include the Board adopting solid waste regulations under the authority of Chapter 125 of the Town Code;
tracking C&D through building permit applications where the volume is estimated and the applicants would
inform the building department where they will dispose of the C&D; licensing of C&D containers with a
nominal fee; and possibly licensing solid waste haulers. Mr. Atherton asked if Administration had gotten
input from the various Town departments that might be affected, as well as the haulers. Ms. Gibson said
Administration has met with the Department of Public Works, the Building Department, and the Health
Department but not the haulers, as she said they were waiting to hear feedback from the Board before doing
so. Assistant Town Manager Malachy Rice explained that the discussions started with a meeting between
the relevant departments, special legal counsel, and the solid waste consultant to discuss ways to improve
how to track C&D disposal. He said Administration was in the process of developing a draft document which
would go along with building permits. Mr. Rice noted that this process is very preliminary, and if the process
continues there will be public hearings. The Board was in agreement that the process should continue to
move forward.
Ms. Gibson noted the fiscal year 2008 Town audit has been submitted to the state on time and the Town is
now caught up on its audits. She thanked the Finance Department for its hard work in getting the audit
completed.
Ms. Gibson informed the Board of today’s administrative work group meeting regarding possible water
service to Madaket. She noted there is a scheduled Board of Health meeting on Thursday, 16 April at 6:00
PM to discuss such questions as why run water to Madaket, what are the impacts of running water to
Madaket, what are the development impacts, etc. Ms. Gibson said a build-out analysis is in the process of
being updated taking into consideration intensity of use. She noted the proposed Island Racquet Club has
offered to run water to Madaket at its expense. A brief discussion took place regarding possible issues
relating to bringing water to Madaket. Chairman Kopko noted that when the Madaket Area Plan was written
the Madaket residents were against bringing water to Madaket and noted the need to get the residents
involved in the discussion.
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Ms. Gibson reminded the Board that there is no Board meeting on 8 April because of Annual Town Meeting.
SELECTMEN’S REPORTS/COMMENT
Discussion Regarding Building Department Permits, Inspections and Revenue Activity FY 06 - 09. Ms.
Gibson explained that she asked Building Commissioner Bernie Bartlett to review Building Department
activity for the last few years, including permits, inspections, and revenue. Mr. Bartlett reviewed these items
with the Board and said revenues have declined in line with the current economy and real estate market, yet
the Building Department’s workload has not. He said a significant portion of the staff’s time is currently spent
closing out old building permits.
Consideration of Policy Regarding Legal Services. Ms. Gibson said the Board had asked for an updated
Town Counsel policy and noted that since about 1995 the Board has adopted and updated various policies
but that this version is the most comprehensive to date and outlines specifically what contractual services
are provided, what the line of communication is, what is covered by the retainer, and requires obtaining cost
information in advance of any new legal services. A brief discussion ensued about the retainer. Mr.
Chadwick suggested that the Town issue a Request for Proposal for legal services and said that if Town
Counsel is not in agreement with any particular position of the Board that it should be noted in writing.
Chairman Kopko requested that the draft policy be changed to require that the Board may not contact Town
Counsel on any issue not covered by the retainer unless approved by the Board or Town Manager in
writing. Ms. Roggeveen moved to approve the revised Town Counsel policy to include Chairman Kopko’s
amendment; seconded by Mr. Reinhard. All in favor, so voted.
The meeting was unanimously adjourned at 9:20 PM.
Approved the 20th day of May, 2009.