HomeMy WebLinkAboutBoard of Selectmen Minutes November 17, 2010_201402061620244055BOARD OF SELECTMEN
Minutes of the Meeting of 17 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 6:37 PM following a meeting of the Board of Health.
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. There will be no Board of Selectmen meeting on Wednesday, 24 November 2010.
3. Town offices will be closed Thursday, 25 November 2010 for Thanksgiving.
4. Mr. Willauer announced that the Shellfish Management Plan Oversight Committee meeting has been
rescheduled for Wednesday, 1 December 2010 at 4:00 PM at 2 Fairgrounds Road.
II. PUBLIC COMMENT
None.
III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Minutes of 3 November 2010 at 6:00 PM. The minutes of 3 November 2010 at 6:00 PM
were approved by the unanimous consent of the meeting.
2. Approval of Payroll Warrant for Week Ending 14 November 2010. The payroll warrant for the week
ending 14 November 2010 was approved by the unanimous consent of the meeting.
3. Approval of Treasury Warrant and Pending Contracts for 17 November 2010. Town Manager C.
Elizabeth Gibson reviewed the various pending contracts. Mr. Chadwick requested that the operating
agreement with Nantucket Community Television, Inc. (NCTV) be delayed for further review. A
discussion among Board members followed. Mr. Kopko moved to award the contract to NCTV; Mr.
Atherton seconded. So voted 2-3. Mr. Willauer, Mr. Chadwick, and Chairman Roggeveen were
opposed. Mr. Chadwick moved to table the NCTV contract to the 1 December 2010 meeting; Mr.
Atherton seconded. So voted 4-1. Mr. Kopko was opposed. Mr. Chadwick moved to approve the
treasury warrant and the two remaining pending contracts for 17 November 2010; Mr. Atherton
seconded. All in favor, so voted.
IV. CITIZEN/DEPARTMENTAL REQUESTS
1. Treasurer: Request for Approval of Tax Anticipation Note. Treasurer Deborah Weiner requested
approval of a 92-day, $8 million tax anticipation note to cover Town expenses until the real estate tax
payments start being received, noting that once the Department of Revenue certifies the Town’s tax
rate, real estate tax bills will be mailed. Mr. Atherton read the vote (attached) and moved for approval;
Mr. Kopko seconded. All in favor, so voted.
2. Nantucket Dreamland Foundation: Request for Approval of License Agreement to Allow for Theater
Marquee and Drainage Gutter over Town-owned Property. Chairman Roggeveen recused herself from
this matter. Attorney Bill Hunter, representing the Nantucket Dreamland Foundation, spoke in favor of
the request, and explained that the license would allow for encroachments onto Town-owned property
of an overhanging marquee and gutters, and a coffer dam. Mr. Hunter noted that the license language
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is still being finalized with Town Counsel, and added that an associated warrant article will be submitted
for the 2011 Annual Town Meeting for an easement to allow for the encroachments described. Mr.
Hunter answered questions from the Board. Mr. Kopko moved to approve the license agreement with
the Nantucket Dreamland Foundation as presented, conditional on final license language approval by
Town Counsel; Mr. Chadwick seconded. Town Counsel Paul DeRensis clarified that the license does
not affect the use of Town-owned sidewalks. So voted 4-0.
3. Visitor Services and Information Advisory Committee: Update on 2011 Fourth of July Fireworks
Fundraising. Gene Mahon, representing both the Visitor Services and Information Advisory Committee
and the Chamber of Commerce, reviewed specifics of the committee’s proposal to raise $50,000 for the
2011 Fourth of July fireworks, noting it is a joint plan with the Chamber of Commerce. Mr. Mahon said
that the Chamber of Commerce is offering to solicit and accept donations, which will be gifted to the
Town. He added that a further update will be given to the Board at its 15 December 2010 meeting, with
a final report scheduled for 12 January 2011. Mr. Mahon announced that he has personally secured
$10,000 from an anonymous donor. Mr. Chadwick moved to endorse the Visitor Services and
Information Advisory Committee’s fundraising plan; Mr. Atherton seconded with “enthusiasm and
thanks”. All in favor, so voted.
4. Planning Office: Request for Execution of Quitclaim Deed for Conveyance of Town-owned Property
Described as Map 79, Parcel 150, also known as 5 Monohansett Road, Pursuant to Vote on Article 87
of 2010 Annual Town Meeting. This matter was continued to the Board’s 1 December 2010 meeting.
5. Review of Public Input Regarding Draft Climate Action Plan; Request for Adoption of Climate Action
Plan. Sustainable Nantucket executive director Michelle Whelan gave a brief history of the Climate
Action Plan (CAP) process, noting that in the last 90 days only the NRTA has provided comments on
the CAP. Ms. Whelan suggested that the Board form an implementation committee made up of
community stakeholders and facilitated by the Town, to advise the Board and design an implementation
plan. Dr. Sarah Oktay spoke in favor of the CAP. Nantucket Planning and Economic Development
Commission (NP&EDC) chair Nat Lowell spoke against adoption of the CAP as written, and said he
feels there are some inaccuracies in the CAP. Planning Director Andrew Vorce said he is not speaking
against having a CAP, but said he feels there are issues in the current plan and it is not ready for
adoption tonight. A discussion among Board members followed. Mr. Kopko spoke in favor of adopting
the CAP tonight. Mr. Chadwick, Mr. Willauer, Mr. Atherton, and Chairman Roggeveen agreed that more
time is needed to make the CAP right for Nantucket. Chairman Roggeveen recommended sending the
CAP to the Energy Study Committee for review, and she thanked Sustainable Nantucket for a great
start. Ms. Gibson stated that Town Administration supports the idea of a CAP, noting that the Town
needs an energy coordinator for which outside funding is currently being sought. She added that she is
hesitant to send the CAP to the Energy Study Committee as they are presently “overwhelmed” with
work. Energy Study Committee chair Anne Kuszpa noted that the committee did receive the plan
several months ago to review and said she feels the Board should adopt the CAP today as it will help
the committee prioritize its efforts. Further discussion followed among Board members. Energy Study
Committee member Carl Borchert spoke in favor of the Board adopting the CAP tonight. Mr. Kopko
moved to adopt the Climate Action Plan draft as presented and to have the Board schedule a
discussion of the composition of an implementation committee as a future agenda item. Mr. Kopko’s
motion died for lack of a second. Mr. Atherton moved that the Town of Nantucket continue to develop a
comprehensive energy plan, with the support of the NP&EDC, with three major goals: one, to maximize
cost-saving strategies to produce energy locally; two, for the Town to be a leader in rationalizing its own
use of energy; and three, to educate the community on its use of energy; Mr. Chadwick seconded. Mr.
Kopko noted there is no reference to the CAP being proposed tonight. Mr. Atherton clarified that the
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core of the plan is likely to be the draft prepared by Sustainable Nantucket as it is developed with “more
Nantucket-specifics”. On Mr. Atherton’s motion, so voted 4-1. Mr. Kopko was opposed.
V. PUBLIC HEARINGS
1. Public Hearing to Consider Petition for National Grid Plan # 9378782 to Install New Underground
Service from P20 to Point A, Approximately 319’ on Eel Point Road, Nantucket, MA. Chairman
Roggeveen opened the public hearing. National Grid engineer Steve Bretton spoke in favor of the
petition and reviewed the plan. Chairman Roggeveen closed the public hearing. Mr. Kopko moved to
approve the National Grid petition for plan # 9378782 as presented; Mr. Atherton seconded. All in favor,
so voted.
2. Public Hearing to Consider Petition for National Grid Plan # 8956372 to Install New Facilities off P18
on Eel Point Road, Nantucket, MA. Chairman Roggeveen opened the public hearing. National Grid
engineer Steve Bretton spoke in favor of the petition and reviewed the plan. Chairman Roggeveen
closed the public hearing. Mr. Bretton answered questions from the Board. Mr. Chadwick moved to
approve the National Grid petition for plan # 8956372 as presented; Mr. Atherton seconded. All in favor,
so voted.
3. Public Hearing to Consider License Application for Private Shellfish Grant for Andrew Roberts.
Chairman Roggeveen opened the public hearing. Marine Superintendent Dave Fronzuto noted that the
Harbor and Shellfish Advisory Board voted to endorse Mr. Robert’s application and he recommends the
Board’s approval. Mr. Roberts spoke in favor of his application, noting he will be using the area to
propagate oysters. Chairman Roggeveen closed the public hearing. Mr. Chadwick moved to approve
the license application for a private shellfish grant for Andrew Roberts; Mr. Kopko seconded. All in
favor, so voted.
VI. TOWN MANAGER’S REPORT
1. FY 2012 General Fund Budget Forecast Update. Ms. Gibson explained that in August 2010 she
presented a FY 2012 projected budget forecast to the Board, which has since been refined. She noted
that the goal has been to work within the Town’s projected revenue to balance the budget which has
resulted in having to make difficult decisions. Assistant Finance Director Irene Larivee reviewed FY
2012 projected General Fund revenue, noting that local revenue is projected to continue to decline,
state revenue is projected to decline by 12%, and Chapter 90 funds are being watched closely. Ms.
Larivee reviewed FY 2012 projected General Fund expenses, noting that expense projections for Town
and School services assume operations within revenue. Ms. Gibson reviewed the strategy for balancing
the budget, noting this is part of a five-year strategy, and that the Town is “changing the way we do
business”. She explained that one-time measures such as the hiring freeze and wage freezes helped
balance previous years budgets, but the Town has “hit the wall” with those. Ms. Gibson reviewed
proposed consolidations of various departments, noting that the consolidations are conceptual and are
subject to collective bargaining negotiations. The first would be a new Code Enforcement and
Regulatory Services Department which would consolidate the Health, Building, Conservation
Commission, and Historic District Commission departments. She reviewed the staffing details. Our
Island Home, the Council on Aging, the Council on Human Services, Veterans Services, and the
Commission on Disability would be consolidated into a new Human and Social Services Department
and Ms. Gibson reviewed the staffing structure. The consolidations would also bring Parks and
Recreation under the Department of Public Works. Ms. Gibson said there are some outstanding issues
regarding Parks and Recreation, such as the management of the concessions at the beaches, which
could be taken over by the Beach Manager. Other activities like the Fourth of July Main Street festivities
and the Island Fair could possibly be moved to the Visitor Services department. She said that
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discussions with the Laborers’ union began last week, and that the changes are scheduled for FY 2012
but if some changes can be implemented sooner they will be. Ms. Gibson added that the proposed
consolidations might affect services offered by the Town, and that budget information sessions will be
scheduled for December 2010, January and February 2011. Ms. Larivee stated that this is the
beginning of a long-term strategy to move toward a sustainable government.
VII. SELECTMEN’S REPORTS/COMMENT
1. Update on Implementation of Nantucket Sewer Act. Mr. DeRensis explained that his proposed 2011
Annual Town Meeting Warrant article delegates powers to the Board, acting as the Sewer
Commissioners, to add properties into the sewer districts without further Town Meeting approval, and
that this would only be for properties already included in a sewer needs area. Regarding the Nantucket
Sewer Act, Chairman Roggeveen asked Mr. DeRensis if there are any other options other than “yes” or
“no” when reviewing request for waivers from affordable housing entities or recipients. Mr. DeRensis
said the Act allows for much financial flexibility regarding fees. Chairman Roggeveen said she would
like to develop possibilities to deal with waiver requests for the Zoning Board of Appeals (ZBA). Mr.
Kopko said he is not in favor of developing a ZBA waiver “menu” as it allows for loopholes. Following
some discussion, the Board agreed to include Mr. DeRensis’s article in the warrant.
2. Committee Reports. Mr. Willauer said the Board has received a letter from the Council for Human
Services regarding what the Council perceives as a conflict of interest concerning votes made by the
Board on health and human services contracts at its 23 June 2010 meeting. He said the letter claims
that two of the three sitting Board members were conflicted and shouldn’t have taken part in the vote.
Mr. Willauer said he objects to the fact that he is being accused of an ethics violation and asked if Town
Counsel could review the document. Mr. Kopko noted that he was also named in the letter and that he
did not sit on the Board of the Alliance for Substance Abuse Prevention (ASAP) at the time of the vote
as was alleged. He added that the Council for Human Services exists to advise the Board as to human
services needs to the community, yet he said the Council has deviated from its charge over the last
year and a half to attack the Board. Mr. Willauer asked for clarification on how to handle such instances
in the future. Mr. Chadwick recommended calling the state Ethics Commission to get a ruling.
Mr. Atherton stated that the 2011 Annual Town Meeting Warrant is scheduled to close tomorrow and he
recommended extending the deadline for one to two weeks to allow a citizen article regarding sewer
funding to be submitted. Mr. Kopko agreed with Mr. Atherton and suggested extending the Warrant for
one week. Mr. Chadwick said the Warrant article in question has already been written by Town Counsel
who should have gotten it in on time. Mr. Kopko moved to extend the 2011 Annual Town Meeting
Warrant deadline for citizen articles to Monday, 29 November 2010 at 4:00 PM; Mr. Atherton seconded.
So voted 4-1. Mr. Chadwick was opposed.
VIII. ADJOURNMENT
The meeting was unanimously adjourned at 9:20 PM.
Approved the 8th day of December, 2010.
BOARD OF SELECTMEN
17 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 3 November 2010 at 6:00 PM
III. 3. Pending contracts spreadsheet for 17 November 2010
IV. 1. Vote for Tax Anticipation Note; Email from Debbie Weiner, re: Tax Anticipation Note; First
Southwest Competitive Note worksheet
IV. 2. Email from Bill Hunter, re: license language; red-lined license agreement; email from
Valerie Swett, re: license language with draft license language mark-ups; letter from
Vaughan, Dale, Hunter, Stetina and Beaudette, re: license agreement with draft language
and associated plans
IV. 3. Memo from Kate Hamilton, re: Visitor Services and Information Advisory Committee’s
fundraising plan; fundraising proposal from Visitor Services and Information Advisory
Committee and Chamber of Commerce
IV. 4. Memo from Susan Witte, re: requested postponement of agenda item; email from Valerie
Swett, re: 5 Monohansett with draft deed language mark-ups; memo from Planning Office,
re: request to be on agenda; draft deed language
IV. 5. Memo from Sustainable Nantucket, re: Climate Action Plan next steps; section of 18
August 2010 Board minutes, re: CAP; email from Michelle Whelan, re: CAP comments;
memo from Paula Leary, re: NRTA comments on CAP; draft CAP dated 15 July 2010
V. 1. Cover letter and petition from National Grid, re: plan # 9378782
V. 2. Petition from National Grid, re: plan # 8956372 and associated plan
V. 3. Memo from Marine Superintendent, re: Andrew Roberts aquaculture grant; memo from
SHAB; notice of public hearing; application for commercial shellfish permit and associated
plan
VI. 1. FY 2012 General Fund Forecast PowerPoint presentation
VII. 1. Chapter 396 of the Acts of 2008; email from Paul DeRensis, re: Sewer Act implementation;
email from Paul DeRensis, re: possible 2011 Annual Town Meeting Warrant article, re:
sewer