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HomeMy WebLinkAboutBoard of Selectmen Minutes November 3, 2010_201402061620240774BOARD OF SELECTMEN Minutes of the Meeting of 3 November 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 5:59 PM. I. ANNOUNCEMENTS 1. The 2011 Annual Town Meeting Warrant is open for the submission of citizen articles through 18 November 2010 at 4:00 PM. A minimum of ten registered voter signatures is required for submittal. 2. Health Director Richard Ray was recently honored with the Michael D. Saraco Award by the Massachusetts Health Officers Association for best demonstrating a high level of integrity, and the ability to influence responsive public and environmental health practices on both a local and state level. 3. Mr. Willauer noted there will be a public hearing of the Shellfish Management Plan Oversight Committee on 10 November 2010 at 4:00 PM at 2 Fairgrounds Road, to review a draft Shellfish Management Plan. II. PUBLIC COMMENT 1. Airport Commission Chair Foley Vaughan gave an update on the Airport’s noise abatement program and the Airport’s various activities for the benefit of the community over the years. III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Minutes of 20 October 2010 at 6:00 PM; 27 October 2010 at 3:00 PM. The minutes of 20 October 2010 at 6:00 PM and 27 October 2010 at 3:00 PM were approved by the unanimous consent of the meeting. 2. Approval of Payroll Warrant for Week Ending 31 October 2010. The payroll warrant for the week ending 31 October 2010 was approved by the unanimous consent of the meeting. 3. Approval of Treasury Warrant and Pending Contracts for 3 November 2010. Town Manager C. Elizabeth Gibson reviewed the various pending contracts. The Board discussed a pending contract to have the municipal electric bills professionally reviewed regarding potential overcharges. Mr. Willauer moved to approve the treasury warrant and pending contracts for 3 November 2010; Mr. Atherton seconded. All in favor, so voted. IV. CITIZEN/DEPARTMENTAL REQUESTS 1. Our Island Home: Request for Use of Pauline Smith Freeman Trust Fund for Nurse Call System. Ms. Gibson explained that a nurse call system at Our Island Home has received Town Meeting funding twice, but the total appropriation is not sufficient. She said that the only bid for the nurse call system is $158,000 and $100,000 has been appropriated, and that Our Island Home is requesting to seek the remaining funding from the Pauline Smith Freeman Trust. Mr. Atherton inquired what the balance of the fund is. Our Island Home Administrator Pamela Meriam noted the balance is currently $144,774.50. Mr. Chadwick moved to approve the use of the Pauline Smith Freeman Trust to fund the balance of the nurse call system; Mr. Atherton seconded. All in favor, so voted. 2. Marine and Coastal Resources Department: Request for Acceptance of Gift of $5,000 from Nantucket Land Council for Nutrient Water Quality Monitoring Project. Marine Superintendent Dave Fronzuto explained that the Board previously accepted a gift of $41,800 for the Nutrient Water Quality 1 Monitoring Project and this remaining amount will cover the total cost of the contract for the monitoring. Mr. Atherton moved to approve the gift of $5,000 from the Nantucket Land Council for the Nutrient Water Quality Monitoring Project and to send a letter of thanks; Mr. Willauer seconded. All in favor, so voted. V. TOWN MANAGER’S REPORT 1. Annual Town Health Insurance Review (Budget History, FY 11 Year-to-date budget, FY 12 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, noting that monthly rates have remained unchanged from FY 2007 to FY 2010, noting that in June 2010 the PPO rates were actually reduced by 10%. He added that the Town’s health insurance rates are among the lowest in the state. Mr. Kenny answered questions from the Board. 2. Biennial Update Regarding Governmental Accounting Standards Board (GASB) 45 Other Post- Employment Benefits Valuation. Steve Lemanski of the consulting actuary firm Milliman, Inc. gave an update on the Other Post-Employment Benefits (OPEB) program and reviewed the 2009 revaluation results. He reviewed a summary of OPEB benefits and eligibility requirements, as well as census data and actuarial assumptions. He noted that although the Town has established an OPEB trust fund, it is currently unfunded. Mr. Lemanski and Finance Director Connie Voges answered questions from the Board. 3. Surfside Roads Voluntary Easement Update (continued from 20 October 2010). Ms. Gibson explained that there has been an ongoing effort to obtain voluntary easements from property owners who directly abut the Boulevard, a portion of Lovers Lane, Okorwaw Avenue, and Monohansett Road, noting that over half have been obtained. She said a question pending is if all the voluntary easements are obtained, will the Town still need to take the roads. She stressed that resources need to be set aside if the roads are going to be taken and repaired and maintained. Planning Director Andrew Vorce added that 41 out of 64 easements have been voluntarily submitted, noting that the Surfside Association is working on the outstanding easements. Mr. Vorce said the safest action is taking the roads with the voluntary easements in hand. He said survey plans need to be prepared for the takings, at a cost of approximately $80,000, and that appraisals and title searches will also need to be completed for a total budget of about $100,000, noting that charging betterments may help offset costs. The cost for reconstruction of the roads, drainage and paving is estimated between $1.2 million to $1.4 million. Mr. Kopko asked what the next steps are. Mr. Vorce said a plan will need to be developed on how to pay for everything, noting that an early idea was to pay for it through 100% betterments. Chairman Roggeveen said she would like to see 10 to 15 more easements in hand before going forward with a funding proposal. A discussion followed among Board members and Mr. Vorce about charging betterments to abutters or sharing the costs with the Town residents. Mr. Kopko moved that the Board explore funding options for the project that would lead to an agreeable and equitable split of the costs between the abutters of the Boulevard, a portion of Lovers Lane, Okorwaw Avenue, and Monohansett Road and the Town; Mr. Atherton seconded. Mr. Willauer said the motion is not binding. Mr. Atherton said the expression of the intent is that the Board is willing to work in good faith. Mr. Vorce said he can contact those abutters who have already granted easements to express the Board’s thanks for “stepping up” and to communicate the Board’s intentions regarding costs. On the motion, all in favor, so voted. 4. Status of 2011 Fourth of July Fireworks. Ms. Gibson explained that the Town is without budgeted funding for the 2011 Fourth of July fireworks, noting that for many years the fireworks and the barge were funded through the Cape and Islands License Plate Fund, but that fund is now being almost 2 entirely used for the Madaket Wind Turbine project. She estimated that the fireworks cost approximately $35,000 and the barge an extra $13,000 for a total of roughly $50,000. She added that there is revenue in the amount of $6,800 available from the sale of 2010 fireworks t-shirts and she thanked Visitor Services for taking the initiative with this fundraising tool. Ms. Gibson said there might be $5,000 possibly more from the Cape and Islands License Plate Fund but that still leaves about $40,000 unfunded, which does not include associated department costs of about $13,500 which are budgeted. Ms. Gibson reviewed options for the 2011 fireworks, which include cancelling the event, seeking donations, charging the Visitor Services and Information Advisory Committee with developing a funding plan, establishing a fireworks committee, or as a last resort, submit a request to the Finance Committee for funding from the Reserve Fund. A discussion followed on the various funding options among the Board, Ms. Gibson and Visitor Services Director Kate Hamilton. It was the Board consensus to charge the Visitor Services and Information Advisory Committee to work on a funding plan and reach out to the Chamber of Commerce for assistance. Visitor Services and Information Advisory Committee and Chamber member Gene Mahon noted the deadline to commit to the fireworks is January 2011, and said he will speak with the Chamber about accepting donations for the fireworks. VI. SELECTMEN’S REPORTS/COMMENT 1. Discussion Regarding Holding Public Hearing on Paid Downtown Parking. Mr. Kopko, who asked for this matter to be on the agenda, asked the Board how far it wants to get on paid downtown parking, and that if the citizens do not want it, the Board should know before time and resources are spent; he added that he has heard “very little” support for paid downtown parking. Ms. Gibson stated that she and Mr. Vorce are not clear on the direction from the Board, as one of the Board’s goals is to implement a downtown parking initiative and that at its 15 September 2010 meeting, the Board voted to have Town Administration and Planning develop a plan. She said they need direction on the objectives of paid downtown parking and what the purpose would be of a public hearing: a “free-for-all” or to get specific input on a type of parking system. Mr. Atherton disagreed with the semantics of the Board’s goal, which he said was to implement a downtown parking initiative not necessarily paid, and said his September motion’s intent was to get stakeholders together such as the Lodging and Restaurant Association, the Chamber of Commerce, and merchants to work with the Town in an advisory capacity. Mr. Kopko suggested holding a public hearing to get the stakeholders involved in the discussion and said he is not in favor of a 2011 implementation of paid downtown parking. Historic District Commission (HDC) member Kevin Keuster requested the HDC’s early involvement in the process. Mr. Vorce said he “welcomed the extra time” as paid downtown parking would be difficult to implement for 2011, and noted that he will not be available to work with the proposed “committee” until after the 2011 Annual Town Meeting. A discussion among Board members followed on how to move forward. Mr. Kopko said he would feel more comfortable if the Town can say paid downtown parking is at least a year away and there will be a chance for public input. Mr. Willauer said he doesn’t see a “tremendous outcry” for paid downtown parking or in fact any change to the current system. A discussion followed on getting assistance from the Chamber of Commerce, the Downtown Revitalization Committee, and Sustainable Nantucket. Mr. Vorce noted that ReMain Nantucket has been “very generous” in providing a traffic consultant and has offered to continue to provide this service to the Town. Mr. Atherton moved to change the wording of the Board’s goal to “develop options for a downtown parking system”; Mr. Kopko seconded. All in favor, so voted. Ms. Gibson asked where this now leaves public outreach. Mr. Atherton recommended informally gathering input from the various groups discussed tonight. Mr. Kopko asked why the Nantucket Planning and Economic Development Commission (NP&EDC) isn’t developing options and holding hearings. Mr. Vorce stated that the NP&EDC did a study and made recommendations to the Board which the Board approved. Police Chief William Pittman said information is needed on who is parking downtown and why before a solution is found. Grant Sanders agreed with Chief Pittman, and noted that people’s behavior can be changed through education. Jack 3 4 Gardner stated that 25%-30% of the people getting parking tickets downtown are employees who work in the evenings. 2. Discussion Regarding Community Preservation Committee (CPC) and Affordable Housing Trust (AHT) Application. Chairman Roggeveen recused herself from this matter. Mr. Kopko said the CPC declined to fund any of the AHT applications for FY 2012 and he feels that since the CPC distributes taxpayers’ money that some of that money should go to fund the taxpayers’ affordable housing group. He added that a larger issue is the inconsistency with the constitution of the CPC pursuant to the Community Preservation Act. Mr. Chadwick stated that there are current members of the CPC who are not part of the organizations they represent, and added that the CPC did vote to fund a Nantucket Housing Authority application to hire an off-island firm to look at affordable housing on island instead of funding the AHT which is local. He suggested that the Board direct Town Counsel to send letters to the specific boards who have representation on the CPC outlining the statute and Town bylaw and require them to come into compliance. A discussion followed on the CPC state law and the CPC local bylaw. Town Counsel Paul DeRensis said that a board’s designee must come from the board, and cannot be a person who is not currently serving on the board. Mr. Chadwick asked how the fact that the CPC is in conflict with this affects recent votes. Mr. DeRensis said that actions taken are presumed valid but now that people are aware of an inconsistency in the CPC membership, immediate action should be taken to remedy the situation, including changing the local bylaw to allow for the Nantucket Historical Commission (not the Historic District Commission), holding a public hearing, and re-voting the actions for the current fiscal year. Mr. Chadwick moved to direct Town Counsel to write a letter to the CPC and its representative boards to inform them of the membership improprieties and to take immediate corrective action to reconstitute the membership; Mr. Kopko seconded, and asked Mr. Chadwick to include a reference to the public hearing requirement and to have the CPC revote its actions for the current fiscal year. Mr. Chadwick agreed. So voted, 4-0. Mr. Kopko moved for Town Counsel to draft a warrant article for the 2011 Annual Town Meeting to change the Town CPC bylaw to mirror the state law; Mr. Chadwick seconded. So voted, 4-0. Mr. Chadwick thanked the voters for their strong turnout at Tuesday’s elections, and thanked Sheriff Richard Bretschneider for his work and said he hopes there will be an orderly turnover of the Sheriff’s office to the new Sheriff elect. Chairman Roggeveen thanked the Town Clerk and her staff for their hard work on Election Day. Chairman Roggeveen noted that tomorrow’s executive session Board meeting is cancelled. 3. Committee Reports. Individual Board members gave status reports for the committees on which they serve as representatives or liaisons. Allen Reinhard gave an update on the Roads and Right of Way Committee and its Sconset Bluff Walk subcommittee. VII. ADJOURNMENT The meeting was unanimously adjourned at 8:56 PM. Approved the 17th day of November, 2010. BOARD OF SELECTMEN 3 NOVEMBER 2010 – 6:00 PM COURT ROOM, TOWN & COUNTY BUILDING 16 BROAD STREET NANTUCKET, MASSACHUSETTS List of documents used at the meeting: III. 1. Draft minutes of 20 October 2010 at 6:00 PM; 27 October 2010 at 3:00 PM III. 3. Pending contracts spreadsheet for 3 November 2010 IV. 1. Letter from Our Island Home, re: request for approval of use of Pauline smith Freeman trust IV. 2. Letter from Nantucket Land Council, re: gift for nutrient water quality monitoring project V. 1. Health insurance information packets from Cook & Co. V. 2. Other Post-Employment Benefits 2009 Valuation Results presentation V. 3. Email from Allen Reinhard, re: Surfside-area roads; Roads and Right of Way Committee recommendations V. 4. Memo from Town Manager, re: 2011 Fourth of July Fireworks update VI. 1. Memo from Town Manager, re: downtown paid parking VI. 2. Email from Town Manager/Andrew Vorce, re: Community Preservation Committee