HomeMy WebLinkAboutBoard of Selectmen Minutes December 8, 2010_201402061620165617BOARD OF SELECTMEN
Minutes of the Meeting of 8 December 2010. 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, Patricia Roggeveen, and Whiting Willauer. Chairman
Roggeveen called the meeting to order at 6:00 PM.
I. ANNOUNCEMENTS
1. Town Manager C. Elizabeth Gibson noted there will be no Board meeting on 29 December 2010
as it is the fifth Wednesday of the month.
2. Mr. Willauer announced that 16 students from Worcester Polytechnic Institute (WPI) have been
on Island the last seven weeks conducting research projects, some of which are for the Town, and
they are scheduled to make their final presentations Tuesday, 14 December 2010 starting at 1:00
PM at 2 Fairgrounds Road in the garage area. He added that all are welcome to attend.
II. PUBLIC COMMENT
1. Peter Boyce questioned the need for parking enforcement in the off-season. Ms. Gibson noted
that if the Board wishes to change the timing of enforcement, the parking regulations need to be
changed. Police Chief William Pittman said there is no change from prior years other than having
staff available this year to enforce the regulations.
2. Dorothy Hertz, chair of the Council for Human Services, discussed the mission of the Council as
it relates to various human services that have been provided and may be ceasing, such as the
Nantucket Cottage Hospital visiting nurses program, and referenced an email from Mr. Kopko.
Some discussion followed and the Board took no action.
3. Carol Dunton asked if there will be a public comment period at the Board’s Monday, 13
December 2010 meeting to interview legal services respondents. Chairman Roggeveen said
Monday’s meeting is not a public hearing and there is no public comment period scheduled. Mr.
Kopko said he assumes the public will have a comment opportunity once an action item is placed
on a future Board agenda. Chairman Roggeveen noted that the Board could make a decision on
legal services at its Monday meeting. A discussion among Board members followed.
III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Minutes of 17 November 2010 at 6:00 PM. The minutes of 17 November 2010 at
6:00 PM were approved by the unanimous consent of the meeting.
2. Approval of Payroll Warrant for Week Ending 5 December 2010. The payroll warrant for the
week ending 5 December 2010 was approved by the unanimous consent of the meeting.
3. Approval of Treasury Warrant and Pending Contracts for 8 December 2010. Ms. Gibson
reviewed the various pending contracts. Mr. Willauer reviewed the professional services contracts
regarding the proposed landfill wind turbine. Ms. Gibson answered questions from the Board. Mr.
Atherton moved to approve the treasury warrant and pending contracts for 8 December 2010; Mr.
Willauer seconded. All in favor, so voted.
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IV. CITIZEN/DEPARTMENTAL REQUESTS
1. Sustainable Nantucket: Request for Approval for 1 July 2011 Farmers and Artisans Market
Location (Tabled from 1 December 2010). This matter was withdrawn from the agenda.
2. Our Island Home: Request for Acceptance of Gift of $500 from Sarah and Vicky Foster for Our
Island Home Gift Fund; Request for Acceptance of Gift of $200 from St. Vincent De Paul Society
for Our Island Home Gift Fund; Request for Acceptance of Gift of $200 from St. Vincent De Paul
Society for Adult Community Day Center. Mr. Willauer moved to accept the gifts as presented with
letters of thanks; Mr. Chadwick seconded. All in favor, so voted.
3. Request for Execution of Purchase and Sale Agreement, Quitclaim Deed and Grant of
Restrictions, and Settlement Statement for Conveyance of Town “Yard Sale” Property Described
as Portion of Harriet Street, Map 88, Parcels 35 and 34B, Pursuant to Vote on Article 1 of 2003
Special Town Meeting and Vote of Board of Selectmen on 21 July 2010. Mr. Chadwick moved to
approve the purchase and sale agreement, quitclaim deed and grant of restrictions, and settlement
statement for Map 88, Parcels 35 and 34B as presented; Mr. Atherton seconded. All in favor, so
voted.
4. Request for Execution of Purchase and Sale Agreement, Quitclaim Deed, and Settlement
Statement for Conveyance of Town “Yard Sale” Property Described as Portion of Clifford Street,
Map 88, Parcel 31C, Pursuant to Vote on Article 1 of 2003 Special Town Meeting and Vote of
Board of Selectmen on 21 July 2010. Mr. Chadwick moved to approve the purchase and sale
agreement, quitclaim deed, and settlement statement for Map 88, Parcel 31C as presented; Mr.
Atherton seconded. All in favor, so voted.
5. Request for Execution of Purchase and Sale Agreement, Quitclaim Deed and Grant of
Restrictions, and Settlement Statement for Conveyance of Town “Yard Sale” Property Described
as Portion of Clifford Street, Map 88, Parcels 32 and 33B, Pursuant to Vote on Article 1 of 2003
Special Town Meeting and Vote of Board of Selectmen on 21 July 2010. Mr. Chadwick moved to
approve the purchase and sale agreement, quitclaim deed and grant of restrictions, and settlement
statement for Map 88, Parcels 32 and 33B as presented; Mr. Atherton seconded. All in favor, so
voted. Planning Director Andrew Vorce noted that the three yard sales approved tonight are part of
“One Big Beach” negotiations and part of some “excellent” work in the Surfside neighborhood, and
he thanked the Board for its approval. Mr. Chadwick thanked Mr. Vorce and his staff for their work
on these yard sale deals.
6. The Sconset Trust: Request for Approval of Conservation Restriction to be Held by Sconset
Trust, Inc. for Portion of Land Located at 10 Sankaty Road and 7 Lindbergh Avenue, Siasconset.
Bob Felch, executive director of the Sconset Trust, spoke in favor of the request. He reviewed the
mission of the Sconset Trust as well as the history of the property in question and the benefits of
placing a conservation restriction (CR) on this property. Lynn Zimmerman, a consultant to the
Sconset Trust, spoke in favor of the request and addressed some possible concerns of the Board.
Mr. Chadwick said he wants to support the CR but has concerns over the possible loss of the
driveway and the hedge height. Mr. Atherton noted that if the property changes hands there is no
guarantee that the current scenic views will be preserved. Mr. Kopko said he shares the same
concerns as Mr. Chadwick but he does feel the CR is in the public interest. Mr. Willauer said he is
worried about the scenic views and would like to see the hedge height restricted. Erika Mooney,
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speaking as a private citizen, spoke in favor of the request, noting she is the former executive
director of the Sconset Trust and this CR is important to Sconset. Mr. Atherton noted he is willing
to proceed tonight without any restrictions but he would like a future discussion regarding hedge
heights. Mr. Willauer agreed and said he feels the Board needs a policy on CR’s including hedge
height restrictions. Following further discussion, Mr. Kopko moved to approve the conservation
restriction to be held by the Sconset Trust for a potion of land located at 10 Sankaty Road and 7
Lindbergh Avenue, Siasconset and that the CR is in the public benefit; Mr. Atherton seconded. All
in favor, so voted. Mr. Atherton stated he feels the Board should be involved in the CR and
preservation restriction (PR) processes earlier when proposed. Ms. Gibson said Town
Administration can work on a draft CR/PR policy for the Board’s consideration.
7. Roads and Right of Way Committee: Sconset Bluff Walk Public Access Subcommittee Report.
Allen Reinhard, chair of the Roads and Right of Way Committee, explained that the Sconset Bluff
Walk is a private way granted to the Town by William Flagg in 1892 and reviewed some of the work
undertaken by the Sconset Bluff Walk Subcommittee. Harvey Young, vice chair of the Roads and
Right of Way Committee and co-chair of the subcommittee, introduced members of the
subcommittee present and reviewed the various Town departments and committees they have met
with over the past six months. Subcommittee member Bert Ryder reviewed a list of ten
recommendations made by the subcommittee (attached). Subcommittee member Rob Benchley,
who also represents the Sconset Civic Association, thanked Jeff Willett for characterizing the Bluff
Walk as a “unique treasure” and noted that the subcommittee held two public information sessions
during the summer of 2010 at Wade Cottages to discuss issues regarding the path. Mr. Benchley
said the subcommittee has come up with a list of do’s and don’ts and reviewed suggested signage
for the Bluff Walk. Mr. Chadwick noted he attended a few of the subcommittee’s meetings and he
thanked Mary Wawro for the research she did concerning the stairways down to the beach. Mr.
Reinhard complimented the entire subcommittee for doing “yeoman’s duty” and he reviewed
proposed “next steps” (attached) including requesting the Board to formally accept the
subcommittee’s report. Mr. Kopko moved that the Board accept the “next steps” as presented; Mr.
Atherton seconded. All in favor, so voted.
8. Article 68 Work Group: Progress Report. Dr. Peter Boyce, vice chair of the Article 68 Work
Group, reviewed what the work group has accomplished, including drafting language for Board of
Health fertilizer regulations, finalizing language for a Home Rule Petition regarding fertilizer use,
and completing a first draft of a Best Management Practices document for Nantucket. Dr. Boyce
acknowledged the commitment of the work group members. Lee Saperstein, secretary of the
Article 68 Work Group, reviewed the Best Management Practices, noting the work group has set a
target date of 15 February 2011 to make its final presentation to the Board. Chairman Roggeveen
noted how impressed she is with the work of both the Article 68 Work Group and the Sconset Bluff
Walk Subcommittee. Mr. Chadwick thanked the work group for its “incredible document”. Mr.
Atherton stated he hopes the Home Rule Petition doesn’t slow down local regulation efforts.
V. TOWN MANAGER’S REPORT
1. FY 2012 General Fund Budget Recommendations. Ms. Gibson reviewed the Town
Administration FY 2012 General Fund budget recommendations and five-year strategy, noting the
big picture of consolidations has been under review since FY 2009.
At 7:53 PM Mr. Willauer left the meeting.
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Ms. Gibson reviewed the FY 2012 budget process changes, including starting the budget cycle
earlier and changing the methodology for planning assumptions, noting that the Board guideline for
FY 2012 was to “live within” the Town’s projected revenue and Town Administration was directed
to bring forth a balanced budget which has been done.
At 7:56 PM Mr. Willauer returned to the meeting.
Ms. Gibson reviewed General Fund revenue and expense assumptions. She said that the
departmental consolidations which are being proposed are subject to union negotiations, that the
Town can’t justify some of the current staffing levels with the slowing economy, adding that the
consolidations are also meant to improve efficiency and operations. She then reviewed each of the
departmental consolidations, and acknowledged that changes will be difficult including the loss of
staff. Ms. Gibson noted that there will be some unfunded core service needs of approximately
$500,000 that cannot be funded at this time, including police, fire and central dispatch positions.
Police Chief William Pittman answered questions from the Board regarding current staffing levels
at the Police Department and how the number of police officers is determined, noting it comes
down to what kind of service and response time does the Town expect and want from the Police
Department. Ms. Gibson reviewed personnel history and remaining budget unknowns, including
state aid and Chapter 90 aid. She noted that Free Cash has been certified by the Department of
Revenue and she thanked the Finance Director Connie Voges and the Finance Department staff
for their efforts to get this done. Ms. Gibson explained that there are other potential impacts on the
General Fund budget, including unfunded citizen and other warrant articles, but noted that even if
some funding appropriation is possible Town Meeting votes do not dictate personnel decisions. Ms.
Gibson acknowledged that FY 2012 is a very challenging budget and very hard on those being
affected. She added that efficiencies are needed regardless of the economy and that some
services may be affected as a result. Mr. Atherton expressed his appreciation to Ms. Gibson and
her staff for their work and said he understands how difficult the process is.
Ms. Gibson acknowledged Our Island Home for its deficiency-free annual survey from the
Department of Public Health. She also acknowledged Anne Marie Crane from the Department of
Public Works for her efforts in the successful pursuit of obtaining payment for unpaid landfill bills.
She added that Marine Superintendent Dave Fronzuto and Beach Manager Jeff Carlson have been
working on the Board’s water quality management goal and have been developing an online
interactive presentation.
VI. SELECTMEN’S REPORTS/COMMENT
1. Discussion on Preliminary 2011 Annual Town Meeting Warrant Articles: Proposed Finance
Committee, Council for Human Services Bylaw Amendments. Ms. Gibson explained that the
Finance Committee warrant article came out of a Board discussion earlier this year regarding the
current Finance Committee bylaw and conflict of interest issues. Mr. Kopko said he is looking to
clarify the sentence in the bylaw in Section 11-1 that states “directly interested in the expenditures
of the Town’s appropriations” and asked if that means directly to oneself or through an
organization. A discussion followed among Board members on the meaning of the current bylaw
and potential clarifying language. Mr. Kopko suggested language that “directly” means no
employee or officer of a public or private organization. He recommended that the Town Manager
work on refining this language with Town Counsel. Ms. Gibson explained that Council for Human
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Services bylaw amendments came up last year at the 2010 Annual Town Meeting but the article
was withdrawn by the Board, and is now being brought back in light of the departmental
consolidations. Following a brief discussion among Board members on the language, Mr. Kopko
offered to draft language and to bring it back to the Board for review.
Mr. Chadwick said he would like to ensure that the Anne’s Lane article reviewed earlier in the
evening by the Roads and Right of Way Committee be included on the warrant.
The Board discussed the 13 December 2010 legal services interviews and the issue of public
comment.
In light of tonight’s budget presentation, Mr. Chadwick urged Board members who plan to attend
the upcoming Massachusetts Municipal Association convention to consider not using Town funds
to attend. Mr. Kopko spoke in opposition and said the Town should fund this for interested Board
members, as it is important. Mr. Atherton concurred. Chairman Roggeveen agreed with Mr.
Chadwick and said she feels the Board should join the Town as it “tightens its belt” and suggested
that alternate funding sources be looked into. Some discussion followed.
2. Committee Reports. Mr. Atherton reported to the Board on the Capital Program Committee and
the Nantucket Planning and Economic Development Commission. Mr. Willauer updated the Board
on the Harbor and Shellfish Advisory Board and the Energy Study Committee.
Mr. Atherton noted comments were made a few weeks ago by the Council for Human Services
regarding some possible conflicts of interest when the Board voted on health and human services
contracts at its 23 June 2010 meeting and he recommended that the Board revote on the contracts
to clarify. Mr. Atherton moved that the Board approve the health and human services pending
contracts from 23 June 2010; Mr. Chadwick seconded. So voted, 4-0. Mr. Kopko abstained.
VII. ADJOURNMENT
The meeting was unanimously adjourned at 9:20 PM.
Approved the 22nd day of December, 2010.
NEXT STEPS
By way of follow up, the R&ROW Committee respectfully
requests that the BOS take five (5) specific steps as soon as
possible:
one, formally accept the Report of the Subcommittee as
adopted by the R&ROW Committee;
two, direct the Town Administration to prepare an article
for the Warrant for ATM2011 for the taking of Anne’s
(Ann’s) Lane way;
three, direct the Town Administration to being negotiations
with the abutters of the five (5) ways recommended by the
Subcommittee to be included in the first phase of
negotiations to secure pedestrian access easements to the
Foot-path in perpetuity;
four, commit to the implementation of the Management
Plan with the recognition that the R&ROW Committee and
the Sconset Civic Association are prepared to provide
support for and assistance with this task, including
enforcement of TON ordinances as they relate to the Foot-
path; and
five, direct the R&ROW Committee to report back to the
BOS on progress made to-date in six months (June, 2011).
BOARD OF SELECTMEN
8 DECEMBER 2010 – 6:00 PM
COURT ROOM, TOWN & COUNTY BUILDING
16 BROAD STREET
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
II. 2. “Statement by Human Services Council Chair in Response to E-mail from Selectman
Kopko December 8, 2010”
III. 1. Draft minutes of 17 November 2010 at 6:00 PM
III. 3. Pending contracts spreadsheet for 8 December 2010
IV. 1. Agenda item withdrawn
IV. 2. Letter from Our Island Home, re: gift requests
IV. 3. Purchase and sale agreement, quitclaim deed and grant of restrictions, and settlement
statement, re: Map 88, Parcels 35 and 34B
IV. 4. Purchase and sale agreement, quitclaim deed, and settlement statement, re: Map 88,
Parcel 31C
IV. 5. Purchase and sale agreement, quitclaim deed and grant of restrictions, and settlement
statement, re: Map 88, Parcels 32 and 33B
IV. 6. Letter from Town Counsel, re: proposed conservation restriction; cover letter from the
Sconset Trust, re: proposed conservation restriction; conservation restriction for 10
Sankaty Road and 7 Lindbergh Avenue and exhibits
IV. 7. Email from D. Anne Atherton, re: report for Sconset Bluff Walk Subcommittee; Report of
the Sconset Foot-Path Access Subcommittee and accompanying map and “next steps”
IV. 8. PowerPoint presentation, re: Article 68 Work Group; sample of educational outreach
(Nantucket Cares); Board of Health proposed regulations; proposed Home Rule Petition
V. 1. Budget “Headlines” presentation (please go to http://www.nantucket-
ma.gov/Pages/NantucketMA_Finance/headlinespresentation20101208.pdf to view); FY
2012 General Fund Budget Recommendations PowerPoint
VI. 1. Preliminary Outline for 2011 Annual Town Meeting Warrant; Finance Committee bylaw;
warrant article from 2010 Annual Town Meeting, re: Council for Human Services and
current bylaw