HomeMy WebLinkAboutBoard of Selectmen Minutes December 22, 2010_201402061620172961BOARD OF SELECTMEN
Minutes of the Meeting of 22 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 6:19 PM following meetings of the Board of
Health and County Commissioners.
Chairman Roggeveen noted that agenda item VI. 3. will be moved to IV. 1.
I. ANNOUNCEMENTS
1. Town offices will be closed Friday, 24 December 2010 for the Christmas holiday and Friday, 31
December 2010 for the New Year’s holiday.
2. 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; however, the Board does have a morning meeting
scheduled on 29 December to execute property closing documents.
II. PUBLIC COMMENT
1. Dorothy Hertz, chair of the Council for Human Services, updated the Board on the Council’s
recent meeting with Nantucket Cottage Hospital management regarding the elimination of its
visiting nurses program.
2. Carol Dunton noted that an Open Meeting Law complaint has been filed by Catherine Flanagan
Stover in connection with the recent decision to change Town Counsel. Chairman Roggeveen
stated that Ms. Gibson is working on a response to the complaint. Ms. Gibson elaborated that she
has a draft response from law firm Kopelman and Paige which she will email to the Board for
review. Mr. Kopko suggested Ms. Gibson call the state Attorney General’s office to see if a
complaint against individual members constitutes a complaint against the entire Board. Discussion
followed.
Mr. Atherton noted that the 23 June 2010 health and human services contracts were re-voted by
the Board at its 8 December 2010 meeting, although the matter was not on the agenda. He
suggested the contracts be placed on a formal agenda for another re-vote. Mr. Atherton moved to
place the 23 June 2010 health and human services contracts on the next Board agenda under
pending contracts; Mr. Kopko seconded. So voted 3-2. Mr. Chadwick and Chairman Roggeveen
were opposed.
III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Minutes of 8 December 2010 at 6:00 PM. The minutes of 8 December 2010 at 6:00
PM were approved by the unanimous consent of the meeting.
2. Approval of Payroll Warrant for Week Ending 19 December 2010. The payroll warrant for the
week ending 19 December 2010 was approved by the unanimous consent of the meeting.
3. Approval of Treasury Warrant and Pending Contracts for 22 December 2010. Ms. Gibson
reviewed the letter of engagement with Kopelman and Paige. Mr. Kopko stated that the Town
currently has counsel under contract through 30 June 2011 and asked if two retainers will be paid
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during that time. Ms. Gibson said her understanding is that the Deutsch Williams contract can be
terminated at will. Discussion followed. Mr. Chadwick moved to approve the letter of engagement
with Kopelman and Paige and to terminate the contract with Deutsch Williams with a letter of
thanks for their many years of service; Mr. Willauer seconded. Mr. Kopko said he feels other issues
need to be quantified and asked Mr. Kopelman if he plans to charge for his travel time. Leonard
Kopelman said that as stated in the request for qualifications, he will charge for travel time but at
half the rate and he will try to reduce the amount of time charged to the Town by doing work for
other towns during his travel time. Mr. Kopelman answered questions form the Board. Mr. Atherton
said he is going to vote no on Mr. Chadwick’s motion as he feels Deutsch Williams’ termination
needs to be “worked out” first. On Mr. Chadwick’s motion, so voted 3-2. Mr. Atherton and Mr.
Kopko were opposed.
IV. CITIZEN/DEPARTMENTAL REQUESTS
1. Parking Regulations Discussion. Mr. Atherton said the issue is enforcement of the Town’s
parking regulations, specifically ticketing in the off-season. Mr. Kopko suggested the Board
eliminate enforcement of timed parking in the downtown district, effective now through 15 May
2011 as a trial. Mr. Chadwick said he feels this discussion should be held as a public hearing to
allow the stakeholders to be involved. Mr. Willauer asked how the elimination of ticketing might
affect the Town’s revenue and how that lost revenue might be made up. Deputy Police Chief
Charles Gibson said that the requests over the last 20 years from the merchants is to keep parking
open on Main Street, noting that the Police Department is neutral regarding ticketing in the off-
season. He added that the main offenders of the parking regulations are employees. Parking ticket
hearing officer Jack Gardner said that this time of year not too many tickets are given out, and he
feels that if the regulations are lifted Main Street will fill up with vehicles belonging to employees.
John O’Connor of the Restaurant Association of Nantucket said he feels some consumers are
hesitant to come in to town for fear of getting a ticket, and that he feels the timed parking should be
“rolled back” to 5:00 PM. Chairman Roggeveen said she feels parking should continue as usual
and that the flow of Main Street parking is important. Following further discussion, Mr. Atherton
moved to ticket only in the yellow area of the Nantucket Parking Enforcement map, as revised 5
April 2004, starting today through May 15; Mr. Willauer seconded. All in favor, so voted.
Mr. Kopko left the meeting at 7:34 PM.
2. Our Island Home: Request for Acceptance of Gift of $2,000 from Allen and Andrea
Kovalencik/Company of the Cauldron for Our Island Home Gift Fund; Request for Acceptance of
Gift of $500 from Nantucket Charitable Riders Association for Adult Community Day Center Gift
Fund. Mr. Chadwick moved to accept the gifts as presented and to issue letters of thanks to the
donors; Mr. Willauer seconded. So voted 4-0.
3. Visitor Services and Information Advisory Committee: Update on 2011 Fourth of July Fireworks
Fundraising. Visitor Services Director Kate Hamilton gave an update of the 2011 Fourth of July
fireworks, noting the holidays have delayed fundraising efforts. She added that Visitor Services is
again selling fireworks t-shirts to raise money. Visitor Services and Information Advisory Committee
Chairman Gene Mahon stated that a fundraiser is planned for February 2011. Chamber of
Commerce Director PJ Martin Smith reviewed a campaign schedule for a “viral” campaign with
partners Visitor Services, Plum TV, and the Inquirer and Mirror, noting that they hope to “hit”
10,000 people. She said that to date they have raised $2,700 plus an anonymous $10,000 gift. She
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added that together with the t-shirt sales they have raised $20,300. Chairman Roggeveen thanked
all involved in the fundraising efforts.
Mr. Kopko returned to the meeting at 7:38 PM.
4. Cottage and Castle, Inc.: Request for Waiver from Street Opening Regulations. Ms. Gibson
explained that the street opening bylaw prohibits opening up public streets between November 15
and April 15. Steve Hollister of Cottage and Castle noted he has spoken with Department of Public
Works Director Jeff Willett about the request to open West Sankaty Road in Sconset and that Mr.
Willett seemed amenable to the request. Mr. Chadwick said he is in favor of the request.
Discussion among Board members followed. Ms. Gibson noted staff has no objection to the
request. Mr. Chadwick moved to approve the request for a waiver from the street opening
regulation; Mr. Atherton seconded. All in favor, so voted.
V. TOWN MANAGER’S REPORT
1. FY 2012 Free Cash Recommendations. Ms. Gibson reviewed Town Administration Free Cash
recommendations for FY 2012, which included $2,581,592 for the General Fund for four projects;
$1,367,756 for the Sewer Enterprise Fund for operations and reserves; and $469,809 to the Solid
Waste Enterprise Fund for operations and reserves. Board discussion followed and Ms. Gibson
answered questions from the Board. Mr. Kopko noted he would like to see money earmarked for
road maintenance. Mr. Atherton noted he would like to revisit the recommended Other Post-
Employment Benefits (OPEB) Trust Fund “token” payment and the Stabilization Fund. He also
asked about possible long-term funding for landfill mining. No specific action was taken.
VI. SELECTMEN’S REPORTS/COMMENT
1. FY 2012 General Fund Budget Discussion. Chairman Roggeveen noted that she and Mr.
Willauer attended Ms. Gibson’s School Committee budget presentation and that Ms. Gibson did a
good job and there were not many questions. Mr. Willauer said he feels the school is “on board”
with the budget as it stands currently. Mr. Kopko noted that the teachers’ union contract is under
negotiation.
2. Discussion on Preliminary 2011 Annual Town Meeting Warrant Articles: Council for Human
Services Bylaw Amendment; Capital Program Committee Bylaw Amendment; Sewer
Commissioners Bylaw Amendment; Home Rule Petition for Expansion of Room Occupancy Tax.
Ms. Gibson stated that a Council for Human Services bylaw amendment has been drafted which
eliminates language not applicable anymore in addition to a reduction in membership. She noted
she has shared the draft with the Council for Human Services and they plan to review the draft and
will have comments after the holidays; Mr. Kopko said he supports the draft language as
presented. The Board consensus was to support the new language. Ms. Gibson reviewed the
Capital Program Committee bylaw amendment, noting she drafted the new language. Mr. Atherton
noted that the Capital Program Committee issued a recommendation. The Board discussed the
proposed language changes with Ms. Gibson and supported the draft language by consensus. Ms.
Gibson reviewed the Sewer Commissioners bylaw amendment which was drafted at the Board’s
request, pertaining to the Board’s ability to waive fees for affordable housing. Mr. Kopko said that
the Sewer Act already gives this authorization to the Sewer Commission. He added this is more of
a policy issue for the Board. Ms. Roggeveen suggested not going forward with this warrant article
and to possibly make it a future agenda item for discussion. The Board consensus was to pull the
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article. Ms. Gibson reviewed a Home Rule Petition for the expansion of the room occupancy tax
which has been reviewed by Town Counsel who advised to leave it as written. Ms. Gibson
recommended that if the article is to be included in the warrant that the public be educated on the
article. Ms. Roggeveen suggested placing this topic on a future agenda for discussion. Mr. Kopko
suggested placing this article early in the warrant. It was agreed by the Board to include this article
early in the warrant and to put the topic on the Board’s 5 January 2011 agenda.
Ms. Gibson noted that regarding sewer rates, staff met yesterday with Mr. Atherton and a
discussion has been tentatively scheduled for the Board’s 5 January 2011 meeting for the
proposed extension of sewer lines to the Monomoy Sewer Needs Area. She also noted the
possibility of mandatory sewer hookups once sewer becomes available. A discussion among Board
members followed.
3. Committee Reports. Mr. Atherton encouraged the Board to read the Capital Program
Committee’s report which was recently released. Mr. Willauer discussed the Energy Study
Committee and the proposed Madaket wind turbine.
Ms. Roggeveen welcomed Leonard Kopelman of Kopelman and Paige, the Town’s new legal
counsel, which she noted was present tonight at no charge to the Town.
Mr. Atherton noted he has sent an email to Ms. Gibson regarding conflict of interest issues and
said he would like to make this topic a future agenda item. Mr. Chadwick noted that Kopelman and
Paige can offer training and information sessions. Mr. Kopko asked Mr. Atherton to outline specific
questions he has. Mr. Kopelman noted that on behalf of the Massachusetts Municipal Association
he has testified before the state legislature on bills regarding conflict of interest.
VII. ADJOURNMENT
The meeting was unanimously adjourned at 8:27 PM.
Approved the 30th day of March, 2011.
BOARD OF SELECTMEN
22 DECEMBER 2010 – 6:00 PM
COURT ROOM, TOWN & COUNTY BUILDING
16 BROAD STREET
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
II. 1. Statement to the Board dated 22 December 2010 from Dorothy Hertz, Council for Human
Services Chairman
III. 1. Draft minutes of 8 December 2010 at 6:00 PM
III. 3. Pending contracts spreadsheet for 22 December 2010; Email from Michael Kopko, re:
letter of intent for new Town Counsel; Letter of Engagement for Kopelman and Paige
VI. 3. Email from Town Manager, re: timed parking in off-season; Nantucket Parking and
Enforcement Map as revised 5 April 2004; copy of Town Code Chapter 103: Parking;
Chapter 200 Traffic Rules and Regulations as amended 18 August 2010; copy of minutes
of Board of Selectmen 20 August 2008
IV. 1. Letter from Our Island Home, re: gift acceptances
IV. 2. Fireworks 2011 fundraising schedule; solicitation request; list of donors to date
IV. 3. Waiver request of Street Opening Regulations from Cottage and Castle, Inc. and
associated map; Chapter 200 Street Opening Regulations
V. 1. Town Administration list of Free Cash Recommendations for FY 2012
VI. 1. 8 December 2010 PowerPoint handout, re: FY 2012 General Fund budget
VI. 2. Preliminary outline for 2011 Annual Town Meeting Warrant; draft language for Capital
Program Committee bylaw amendment; draft language for Council for Human Services
bylaw amendment; email from Town Counsel, re: Sewer Act amendment; draft language
for Sewer Commissioners bylaw amendment; email from Town Counsel, re: Room
Occupancy Tax; language for home rule petition for expansion of room occupancy tax
(from 2010 ATM); email from Town Manager, re: 2011 warrant articles