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HomeMy WebLinkAboutBoard of Selectmen Minutes October 6, 2010_201402061620245462BOARD OF SELECTMEN Minutes of the Meeting of 6 October 2010. The meeting took place in the Conference 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 6:01 PM. Chairman Roggeveen explained that tonight’s meeting is being held in the first floor Conference Room because a District Court jury case was ongoing in the Court Room. I. ANNOUNCEMENTS 1. Town Manager C. Elizabeth Gibson announced that the Town will be issuing quarterly years of service awards, noting tonight they will start with 20, 25, 30, and 40 years of service. John Marques of the Department of Public Works was honored for 20 years of service, Steve Butler of the Building Department was honored for 25 years of service, and Curtis Glidden of Wannacomet Water Company was honored for 40 years of service. Ms. Gibson will issue service awards at a later date to those not in attendance: 20 years of service - Dale Gary/DPW, Nicky Duarte/DPW, Pam Bell/Airport, Ola Lewis Coleman/Our Island Home, Sandra Araujo/Our Island Home; 25 years of service - Sheila Clinger/Police; and 30 years of service - Ann Lindley/Our Island Home. II. PUBLIC COMMENT None. III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Minutes of 27 January 2010 at 6:00 PM; 15 September 2010 at 6:00 PM; 22 September 2010 at 6:00 PM. The Board discussed the 15 September 2010 minutes to clarify the section regarding the Nantucket Human Services Center, Inc.; the Board consensus is that a full endowment will be required before construction commences and that the housing portion of the project cannot start before the human services complex is “ready to go”. The minutes of 27 January 2010 at 6:00 PM, 15 September 2010 at 6:00 PM, and 22 September 2010 at 6:00 PM were approved by the unanimous consent of the meeting. 2. Approval of Payroll Warrants for Weeks Ending 26 September 2010; 3 October 2010. The payroll warrants for the weeks ending 26 September 2010 and 3 October 2010 were approved by the unanimous consent of the meeting. 3. Approval of Treasury Warrants for 29 September 2010; 6 October 2010 and Pending Contracts for 6 October 2010. Ms. Gibson reviewed the various pending contracts. The treasury warrants for 29 September 2010 and 6 October 2010 and pending contracts for 6 October 2010 were approved by the unanimous consent of the meeting. IV. CITIZEN/DEPARTMENTAL REQUESTS 1. Resignation: Agricultural Commission. Mr. Atherton moved to accept the resignation of Andrea Marcavitch from the Agricultural Commission and to send a letter of thanks; Mr. Willauer seconded. All in favor, so voted. 1 2. Town Clerk: Request for Adoption of Warrant for State Election on 2 November 2010. Mr. Atherton moved to adopt the warrant for the state election on 2 November 2010; Mr. Kopko seconded. All in favor, so voted. 3. Hearing Regarding Vicious Dog Complaint Pursuant to MGL Chapter 140 Section 157. Chairman Roggeveen reviewed the procedure for the hearing noting the hearing is being conducted under Massachusetts General Law (MGL) Chapter 140, and read the complaint received. Town Counsel Paul DeRensis swore in those persons present who intend to give testimony. Officer Gale of the Nantucket Police Department, who also works as an Animal Control Officer, reviewed 18 reports the Department has received regarding dogs under Rose Webb’s control, including her male white German Sheppard named Atticus and female white German Sheppard named Stella. Officer Quigley, who also works as an Animal Control Officer added that Ms. Webb has been cited for over $1,000 in animal bylaw fines since 2008 regarding her dogs. He reviewed the last incidents which he was involved in with Atticus and Stella. He then read bite victim Zach Stillerman’s written statement, as well as a letter submitted by the Nantucket MSPCA. Officer Quigley recommended that Atticus be surrendered by Ms. Webb, as did the MSPCA in its letter. Chairman Roggeveen accepted the various police reports as part of the official record. Catherine Conte, who owns Seapony Farm at 21 Crooked Lane, reviewed an incident with the dogs at the farm on 21 August 2010, noting she was “horrified” to think that one of the children receiving horse therapy at the time, or one of her animals or volunteers, could have been hurt by the dogs. Wendy Watts, a volunteer at Seapony Farm, also described the 21 August 2010 incident, saying she was being “stalked” by the dogs while trying to protect the children and animals, adding she was in fear for her own safety. Ray Owen of 80 Vestal Street said he has had many encounters over the years with Ms. Webb’s dogs, who he claimed killed his livestock on more than one occasion, adding that he has been patient with the situation, but that the dogs are “out of control”. Jessica Pykosz, who works at Mr. Owens’ farm and boards her horse there as well, said that when she rides her horse the dogs “hunt her down” like a pack of coyotes. Rose Webb read a letter dated 6 October 2010 which she had submitted to the Board earlier in the day along with information on a dog behaviorist who she stated she intends to send Atticus to, a muzzle, various letters of support regarding her dogs, and photos of her kennel area. Ms. Webb pleaded to the Board not to punish Atticus for her inaction and to give him another chance. She added that “no one got hurt” by her dogs, “only scared” and that she “promises it will never happen again”. Ms. Webb said she feels the Animal Control Officers are not trained professionals and that Atticus should be given the opportunity to see a behaviorist before being put down. Abbey Carr, who lived with Ms. Webb briefly and was bitten while at the house, said Atticus has calmed down since being neutered by the MCSPA about five months ago. Mr. Kopko asked Ms. Webb how many dogs are currently living at her house. Ms. Webb said Atticus and Stella are there, as well as one of her son’s dogs temporarily. Elsie Archibald said she lived at Ms. Webb’s house to take care of her mother and had no issues with the dogs during that time. Mr. DeRensis swore in Beth Peterson, who said that she feels Atticus is no longer aggressive now that many of the other dogs previously in Ms. Webb’s control no longer live at her home and there is no longer a pack mentality. Chairman Roggeveen accepted the information provided to the Board by Ms. Webb as part of the official record. Mr. Kopko questioned what the term “surrender” means and to whom the dog(s) would be surrendered. Lt. Jerry Adams of the Nantucket Police Department said it is up to the Board to determine, noting the dog(s) could go to the MSPCA to be adopted out or euthanized; he added that Ms. Webb has the option to appeal a decision made by the Board to District Court. A discussion among Board members followed. Mr. Kopko said it sounds like Ms. Webb has an issue 2 with keeping Atticus under her control. Mr. Chadwick recommended surrender of Atticus to the MSPCA. Mr. Atherton agreed with Mr. Chadwick. Mr. Willauer asked if Atticus will be better behaved now that he has been neutered. Officer Quigley said that many of the incidents reported occurred since Atticus was neutered. Mr. Atherton said there is a risk of Atticus getting loose again. Chairman Roggeveen agreed with Mr. Chadwick and Mr. Atherton. A discussion followed on surrender options. Ms. Webb said she does not want Atticus surrendered to the MSPCA as he was “traumatized” by his last boarding there. Mr. Atherton moved that Ms. Webb surrender Atticus to an off-island professional organization acceptable to the Nantucket Police Department; Mr. Chadwick seconded. A discussion followed on the ten-day appeal period. The Board agreed to take no action at this time regarding Stella. Ms. Gibson recommended that until Ms. Webb surrenders Atticus, she needs to keep him contained and controlled; Mr. Atherton said that was implied in the motion. On the motion, so voted 4-1. Mr. Kopko was opposed. V. PUBLIC HEARINGS 1. Public Hearing to Determine Tax Allocation by Classification; Percentage of Residential Exemption to be Granted for FY 2011 (Continued from 22 September 2010). Chairman Roggeveen reminded everyone that the public hearing was opened at the 22 September 2010 meeting. Assessor Deborah Dilworth requested an additional continuance to next week’s meeting. Mr. Atherton moved to continue the public hearing to 13 October 2010; Mr. Chadwick seconded. All in favor, so voted. VI. TOWN MANAGER’S REPORT 1. Review of Tier II and Tier III FY 2012 General Fund Capital Projects Recommendations (Continued from 22 September 2010). Ms. Gibson said she presented her capital projects recommendations at the 22 September 2010 meeting, at which time the Board only considered the Tier I recommendations; she said tonight the Board’s focus will be on Tiers II and III. Mr. Chadwick said he feels some items need to be put before Town Meeting voters, such as the takings of the Boulevarde-area roads and buying the Christman cottage on the corner of Washington and Francis Streets; he added that both of these items would require a Proposition 2 ½ override. A discussion among Board members followed regarding Mr. Chadwick’s suggestion. Mr. Atherton, Mr. Willauer, and Mr. Kopko said they were uncomfortable putting these items forward without further discussion by the Board. Chairman Roggeveen agreed to put the matter on a future agenda. A discussion followed regarding the Board’s 22 September decision to make road maintenance a Tier I stand- alone item. Mr. Kopko recommended a dedicated operating override for road maintenance as another option, for a total of approximately $1 million per year, including Chapter 90 funds, and to make road maintenance a priority. The Board discussed not spending any money on renovations to the 2 Fairgrounds Road building. Mr. Kopko suggested that all items listed under Tier II and Tier III be “let go” until next year with the exception of road maintenance. Regarding the Sconset footbridge, Mr. Kopko suggested the Town ask the residents of Sconset to pay for the painting and gift it to the Town. Ms. Gibson said there is also a possibility of applying to the Community Preservation Committee for historical renovation funding in FY 2013. A discussion followed on possibly implementing paid downtown parking for the summer of 2011; Ms. Gibson noted she and Planning Director Andrew Vorce have begun meeting on this. Mr. Kopko said the NRTA Advisory Board should also meet with its administrator to start discussions on implementing a direct shuttle to downtown. 3 4 VII. SELECTMEN’S REPORTS/COMMENT 1. Appointments: Shellfish Management Plan Oversight Committee. Chairman Roggeveen noted the Board designated a number of individuals to serve on the Shellfish Management Plan oversight committee at its 4 August 2010 meeting, and that the Nantucket Shellfish Association and the Harbor and Shellfish Advisory Board (SHAB) have both nominated individuals to serve on the committee. Mr. Kopko moved to appoint Town Biologist Tara Riley, Matt Herr, Marine Superintendent Dave Fronzuto, Nantucket Land Council Executive Director Cormac Collier, Senior Marine Scientist from the Environmental Defense Fund Dr. Jacob Kritzer, SHAB members Dr. Peter Boyce and Douglas Smith, and Nantucket Shellfish Association members Frank Dutra and Carl Sjolund to the Shellfish Management Plan oversight committee; Mr. Atherton seconded. All in favor, so voted. 2. Discussion Regarding Legal Services Request for Qualifications (RFQ) Evaluation Process (Continued from 22 September 2010). Chairman Roggeveen noted that Town Administration has given the Board information on the RFQ process, including a recommendation that the Board and Town Administration individually come up with a list of respondents to interview; then meet to compile a final list and establish questions and an interview schedule at a future Board meeting. Mr. Atherton inquired about contact with respondents before the interviews. Ms. Gibson said that in her talks with other towns that have been contacted about this process, it is typical not to have contact with the respondents prior to the interviews. The Board was in agreement on that point. Following some discussion, Mr. Kopko distributed a monthly billing spreadsheet for the Town’s current legal services contractor; he asked that the information be placed on a future agenda for discussion. 3. Committee Reports. Mr. Atherton gave updates on the Capital Program Committee and NP&EDC, and encouraged the Board to make the proposed Cape Wind – National Grid contract an agenda item to discuss whether the Board wants to comment. Mr. Willauer discussed energy initiatives currently underway by the Town. Mr. Kopko gave an update on the Community Preservation Committee. Mr. Atherton reminded the Board he would like to have a discussion regarding solid waste special counsel. Chairman Roggeveen suggested Michael Leon, the Town’s solid waste special counsel, attend a future meeting to be part of the discussion. VIII. ADJOURNMENT The meeting was unanimously adjourned at 8:28 PM. Approved the 13th day of October, 2010. BOARD OF SELECTMEN 6 OCTOBER 2010 – 6:00 PM CONFERENCE ROOM, TOWN & COUNTY BUILDING 16 BROAD STREET NANTUCKET, MASSACHUSETTS List of documents used at the meeting: I. 1. Email from Town Manager to various department heads, re: presentation of service awards III. 1. Draft minutes of 27 January 2010 at 6:00 PM; 15 September 2010 at 6:00 PM; 22 September 2010 at 6:00 PM III. 3. Pending contracts spreadsheet for 6 October 2010 IV. 1. Email from Dylan Wallace, re: resignation of Andrea Marcavitch from Agricultural Commission IV. 2. Copy of Warrant for 2 November 2010 state election IV. 3. Letter to Rose Webb, re: notice of dog hearing; letter from chief Pittman, re: request for dog hearing; copy of procedure for conducting dog hearings; MGL Chapter 140 section 157; Chapter 55 of the Town Code; letter from Seapony Farm, re: Rose Webb’s dogs; memo to Chief Pittman from Officer Quigley; memo to Sgt. Coakley from Officer Gale; victim impact statements from Zach Stillerman and Catherine Conte; letter from MSPCA; copies of incident reports; copies of 18 call detail reports; copies of citations issued to Rose Webb; letter to Board from Rose Webb; letters of support for Rose Webb; information on Nicholas Dodman, animal behaviorist; information on “Snoot Loop”; picture of dog muzzle; information on electric horse fencing; photos submitted by Rose Webb of her dog(s) and outdoor kennel area VI. 1. Note from Town Manager, re: decisions made about capital projects at 22 September 2010 meeting; copy of PowerPoint presentation, re: Town Manager recommendations VII. 1. Section of minutes of 4 August 2010, re: Shellfish Management Plan oversight committee; email from Peter Boyce, re: SHAB nominations; email from Dan Drake, re: Nantucket Shellfish Assn. nominations VII. 2. Process of legal services RFQ evaluation Monthly billing spreadsheet for Town’s current legal services contractor submitted by Michael Kopko