HomeMy WebLinkAboutBoard of Selectmen Minutes October 7, 2010 Executive Session_201402061620247180BOARD OF SELECTMEN
EXECUTIVE SESSION - Minutes of the Meeting of 7 October 2010. The meeting took place in the
Conference Room, 16 Broad Street, Nantucket, MA 02554. Members of the Board present were
Rick Atherton, Brian Chadwick, Michael Kopko, Patricia Roggeveen, and Whiting Willauer. Also
present were Town Manager C. Elizabeth Gibson, Assistant Town Manager Gregg Tivnan, Our
Island Home Administrator Pamela Meriam, Our Island Home Assistant Administrator Rachel Day,
Town Counsel Paul DeRensis, and Executive Assistant to the Town Manager Erika Mooney.
Chairman Roggeveen called the meeting to order at 9:32 AM following a meeting in open session.
1. Collective Bargaining Negotiations: SEIU. Ms. Gibson stated that the Board has provided
guidelines to Town Administration to use in union contract negotiations, including limiting the
overall contract increase to no more than 2.5% over the term of the agreement. Following recent
negotiations with SEIU, in which a tentative memorandum of agreement was reached, subject to
ratification by the Board, for a contract term of 1 July 2010 to 30 June 2013, she noted that the
increase is slightly over the guideline at 2.53%. Ms. Gibson reviewed contract concessions SEIU
has agreed to, including percentage shifts for employees’ health insurance contributions and
longevity. Ms. Gibson acknowledged Ms. Meriam and Ms. Day for their work in the negotiations. A
discussion followed regarding step increases. Mr. Atherton said he has concerns regarding step
increases and associated cost ramifications. Mr. Chadwick moved to ratify a Memorandum of
Understanding with SEIU; Mr. Willauer seconded. So voted, all in favor by roll call vote.
At 9:45 AM Ms. Meriam and Ms. Day left the meeting.
2. Collective Bargaining Grievance: Laborer’s Union. Chairman Roggeveen recused herself from
this matter and at 9:47 AM left the meeting. Ms. Gibson explained that Building Commissioner
Bernie Bartlett is currently being paid beyond the compensation schedule contained in his union
contract. He sought an across-the-board pay increase effective 1 July 2010 which was not
approved. He subsequently grieved that action and Ms. Gibson and the Board denied the
grievance. Now, the union has proposed a settlement under which Mr. Bartlett be given a 2.75%
increase and not receive any further increases unless or until his compensation schedule changes.
Mr. Chadwick moved to deny the request of the Laborer’s Union. Mr. Atherton moved to authorize
the Town Manager to negotiate a settlement with the union that involves Mr. Bartlett’s retirement by
31 December 2010; Mr. Chadwick seconded. So voted, 4-0 by roll call vote.
At 9:59 AM Chairman Roggeveen returned to the meeting.
At 10:00 AM Planning Director Andrew Vorce joined the meeting.
4. Pending Litigation Updates: Conservation Commission; Planning Office; Historic District
Commission; Zoning Board of Appeals; Town Counsel. Mr. Atherton, regarding Abrem Quary, said
he has heard that some members of the Zoning Board of Appeals (ZBA) are inclined to offer a
waiver of the Sewer Privilege Fee to those in that development’s affordable and elderly units, and
said he feels the Board should be represented at the upcoming ZBA meeting regarding this issue.
Mr. Kopko suggested sending a letter prior to the meeting to the ZBA offering the Board’s
concerns. Mr. Atherton said he would like to have Town Counsel draft a letter under Ms. Gibson’s
signature expressing that the position of the Board is that it is not in favor of any waivers at all. The
Board agreed.
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At 10:07 AM Conservation Commission (ConCom) Administrator Dirk Roggeveen and Historic
District Commission (HDC) Administrator Mark Voigt joined the meeting. At 10:08 AM Mr. Vorce
left the meeting.
Mr. Roggeveen explained that ConCom enforcement orders have been issued concurrently to the
County of Nantucket and Gene Ratner, owner of property at Sheep Pond Road regarding the
current placement of sandbags on both properties. He noted that Mr. Ratner has responded with a
letter indicating he will not remove his sandbags from his property. Mr. Chadwick stated that he
spoke with Mr. Ratner twice before the order was issued and Mr. Ratner told him digging bags out
of the beach 25’ down will do “more harm than good”. A discussion followed on the enforcement
order and next steps, and whether the Board is ready to support the order and go to court if the
order is ignored by Mr. Ratner. Mr. Atherton asked if the state can get involved. Mr. Roggeveen
said that the ConCom is the “local arm” of the Department of Environmental Protection (DEP). Mr.
DeRensis advised the Board to “go slow” on any litigation with Mr. Ratner, noting Mr. Ratner’s
letter does not say no to the order; rather it explains why it would be difficult. Mr. DeRensis also
urged the Board to take time to “build a case” against Mr. Ratner with documentation. Mr. Atherton
said he would like to go on record that he feels the state has failed to take action on its order
allowing the bags. He also supported preparation of the Town’s initiation of a complaint against Mr.
Ratner. Mr. Kopko said he feels the matter should go straight to court at the end of the 14 days
allowed in the order if no action has been taken by Mr. Ratner. Mr. DeRensis said he feels the
Board is taking the wrong approach. Mr. Atherton moved to authorize the Town Manager to
engage Town Counsel to prepare paperwork to file an injunctive order against Mr. Ratner to
remove the sandbags and to file the order as soon as practical; Mr. Willauer seconded. So voted,
all in favor by roll call vote.
Mr. Voigt noted that the 3 Martin’s Lane case has been remanded by the court back to the HDC
and they are waiting on the applicant to reapply. He added the applicant currently does not have a
curb cut approved by the Department of Public Works (DPW). A discussion followed on curb cuts.
Ms. Gibson said she will confirm the process of approving curb cuts with the DPW. Mr. DeRensis
said he will also research curb cuts.
At 10:42 AM Mr. Atherton left the meeting.
Mr. Roggeveen noted the ConCom has one case pending.
At 10:45 AM Mr. Roggeveen and Mr. Voigt left the meeting, Mr. Vorce returned to the meeting, and
Mr. Willauer left the meeting.
3. Real Estate Disposition.
b) Easement: 47-49 Nobadeer Avenue. Mr. Vorce noted that he and Town Counsel Lou Ross had
a positive meeting in Boston with the Chandler/Bird family representatives, pursuant to the Board
meeting of 2 September 2010.
At 10:47 AM Mr. Willauer returned to the meeting. At 10:48 AM Mr. DeRensis left the meeting.
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Mr. Vorce said the issues at hand are policy decision for the Board, noting that the Birds would like
to undertake activities regarding erosion that might temporarily prohibit beach access while in
progress. Mr. Kopko moved to authorize Mr. Vorce to convey to the Chandler/Bird family that
temporary closures requiring permitted activity of the beach access will be allowed; Mr. Chadwick
seconded, adding that the property owner will provide notice to the Town prior to any closure. Mr.
Kopko agreed. So voted, all in favor by roll call vote.
At 10:56 Mr. DeRensis returned to the meeting.
a) Easement: 83-85 Eel Point Road. Mr. Vorce noted the intent is to use the Chandler/Bird
easement language for the Harde easement at 83-85 Eel Point Road. Following a brief discussion,
it was the Board consensus not to have language written into the easement allowing kite boarding.
c) Industry Road Parcel H and M: Finalize Purchase and Sale Agreement; Review Draft Deed;
Schedule Closing Date. Mr. Vorce noted that the closing of all the properties involved in the “Reis”
deal will happen on the same day, and that the closing is scheduled for 9 December 2010. Mr.
Vorce asked the Board if it was uncomfortable with any aspects of the deal, adding that the matter
might be a possible agenda item at the Board’s 8 December 2010 meeting. A discussion followed
on the draft purchase and sale agreement. Mr. Vorce noted that 2011 Annual Town Meeting
warrant articles will be required for zoning changes at 80 Miacomet Road and 57-59 Surfside
Road. Mr. Vorce noted that Reis will have to build its own road and install its own utilities on the
Industry Road parcel.
d) Paper Streets Sales: Vote of Surplus Property; Price Setting for Parcels. Mr. Vorce reviewed
the surplus parcels, noting one amendment to the list. He asked the Board to vote to make the
parcels surplus and set the prices as recommended. Mr. Kopko moved to approve the surplus
parcel list dated 7 October 2010 (attached) and to set the prices as recommended; Mr. Chadwick
seconded. So voted, all in favor by roll call vote.
e) Wilkes Square Redevelopment. Mr. Vorce asked to postpone this matter to the Board’s 4
November 2010 executive session meeting. The Board was in agreement.
Mr. DeRensis noted he read the Town Code regarding curb cuts and stated that the DPW cannot
approve a curb cut until it has a plan for a driveway. A discussion followed on what the bylaw
implies and whether a driveway plan needs to be approved by the HDC first before a curb cut is
approved. Mr. DeRensis indicated that HDC approval of a driveway plan is required.
Mr. Vorce said there are portions of two paper streets, Laurel Street and Mt. Vernon Street, which
abut Housing Nantucket properties and asked the Board what the Board might want to do with
these. It was the Board consensus to release sections of these paper streets to Housing Nantucket
in return for the payment of associated legal costs.
The meeting was unanimously adjourned by roll call vote at 11:15 AM.
Approved the 2nd day of December, 2010.
Partially released the 17th day of August, 2011.