HomeMy WebLinkAboutBoard of Selectmen Minutes October 20, 2010_201402061620252962BOARD OF SELECTMEN
Minutes of the Meeting of 20 October 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 6:00 PM.
Chairman Roggeveen asked the Board to consider two changes to the agenda: 1) to take item VII.
1. off the agenda since special counsel Michael Leon is a respondent to the legal services request
for qualifications (RFQ); and 2) regarding item VII. 3., to delay the discussion on the Boulevard-
area roads to a later date and to discuss the purchase of property located at Washington and
Francis Streets during the 2011 Annual Town Meeting Warrant discussion. Mr. Atherton said he
does not agree with taking item VII. 1. off the agenda. A discussion among Board members
followed. Mr. Chadwick moved to change the agenda to remove item VII. 1. and discuss the matter
after the scheduled 9 November legal services RFQ review, and to suspend Mr. Leon’s services
with the Town until review is over. Mr. Chadwick’s motion died for lack of a second. Item VII. 1. will
stay on the agenda. Mr. Kopko moved to proceed with the agenda with the exception of item VII. 3.
as requested by Chairman Roggeveen; Mr. Willauer seconded. All in favor, so voted.
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 are required.
2. Town Counsel will be available to assist citizens with "How to Prepare a Warrant Article" on
Thursday, 21 October 2010 from 9:00 AM to 11:00 AM and Wednesday, 3 November 2010 from
2:00 PM to 4:00 PM in the Town Building Conference Room.
3. Mr. Willauer noted there will be a public hearing of the Shellfish Management Plan Committee
on 10 November 2010 at 4:00 PM in the 2 Fairgrounds Road conference room.
II. PUBLIC COMMENT
1. Richard Cooper asked if the Nantucket Hunting Association has been contacted regarding
opening the shooting range at the property currently designated for that use. Mr. Chadwick said
that he has not called the Hunting Association as there is no lease in place yet.
III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Minutes of 12 February 2010 at 10:00 AM; 22 February 2010 at 11:00 AM; 24
February 2010 at 6:00 PM; 3 March 2010 at 6:00 PM. The minutes of 12 February 2010 at 10:00
AM, 22 February 2010 at 11:00 AM, 24 February 2010 at 6:00 PM, and 3 March 2010 at 6:00 PM
were approved by the unanimous consent of the meeting.
2. Approval of Payroll Warrant for Week Ending 17 October 2010. The payroll warrant for the week
ending 17 October 2010 was approved by the unanimous consent of the meeting.
3. Approval of Treasury Warrant and Pending Contracts for 20 October 2010. Town Manager C.
Elizabeth Gibson asked the Board to consider an additional pending contract: a settlement
agreement with MassDOT regarding the maintenance the Town provides for Milestone Road in the
amount of $140,000 for current and back payments. She said there is also a renewal contract with
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MassDOT in the amount of $35,000 per year. Ms. Gibson thanked Diane Holdgate of the
Department of Public Works for her diligence on securing overdue payments from the state
regarding the maintenance of Milestone Road. Deputy police Chief Charles Gibson reviewed
change order # 8 for the Public Safety Facility and answered questions from the Board. The
treasury warrant and pending contracts for 20 October 2010 were approved by the unanimous
consent of the meeting.
IV. CITIZEN/DEPARTMENTAL REQUESTS
1. Resignation: Parks and Recreation Commission. Mr. Willauer moved to accept the resignation
of Travers J. Grant from the Parks and Recreations Commission and to send him a letter of thanks
for his service; Mr. Atherton seconded. All in favor, so voted.
V. PUBLIC HEARINGS
1. Public Hearing to Consider Applications for Cultural Council; Appointments to Cultural Council.
Chairman Roggeveen recused herself from this matter. Mr. Willauer opened the public hearing. Mr.
Kopko noted that the Cultural Council is shown as having a six member committee, and suggested
that a seventh seat be added to the committee. David L. Billings II and John J. McDermott spoke
on behalf of their applications. Executive Assistant to the Town Manager Erika Mooney informed
the Board that after checking the mission statement of the Cultural Council, it is in fact supposed to
be a seven member committee. Mr. Willauer closed the public hearing. Mr. Kopko moved to
appoint Mr. Billings and Mr. McDermott to the Cultural Council for three year terms, said terms to
end 30 June 2013; Mr. Chadwick seconded. So voted 4-0.
VI. TOWN MANAGER’S REPORT
1. Update Regarding Responses to Legal Services Request for Qualifications (RFQ). Ms. Gibson
noted that 17 requests for the legal services RFQ were made, and 11 responses have been
received. She said there is now the question of whether or not the Board would like to make the
RFQ responses public. Mr. Atherton moved to declare that the responses to the legal services
RFQ are public documents; Mr. Kopko seconded. All in favor, so voted.
Ms. Gibson updated the Board on proposed paid downtown parking, noting there are many issues
to work out regarding the system under review which involves in-car meters, as well as possible
changes to the Traffic Regulations for paid parking. Mr. Kopko suggested that the Board spend
more time with the general public discussing paid parking and the other suggestions from the
Nantucket Planning and Economic Development Commission (NP&EDC) regarding a downtown
parking garage and a direct shuttle. He asked that the Board, on a future agenda, have a
discussion regarding holding a public hearing for this purpose. A discussion among Board
members followed. Ms. Gibson suggested holding a public hearing on paid parking only, as the
shuttle is under the purview of the NRTA, and the possible parking garage involves private
property. The Board agreed to place a discussion regarding scheduling a public hearing on paid
parking on its 3 November 2010 agenda.
Ms. Gibson said that regarding the FY 2012 General Fund budget, the Town is changing the way it
does business, and that this could involve the consolidation of departments and a reduction or
elimination of certain programs and positions. She added that the FY 2012 budget will be very
challenging and that potential impacts to employees are to be developed over the next couple of
months. Ms. Gibson said Town Administration is sensitive to the employees’ fears, and said Town
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Administration is discussing holding general budget information sessions once a month or so until
Annual Town Meeting. She noted that Town Administration recommendations will be given to the
Board in December 2010 and made public at that time.
2. Review of Preliminary 2011 Annual Town Meeting Warrant Articles. Ms. Gibson reviewed
preliminary draft potential Town warrant article ideas and proposals for the 2011 Annual Town
Meeting and answered questions from the Board. Assistant Town Manager Gregg Tivnan briefly
reviewed the “Stretch Code” and as-of-right sighting for energy related structures. Mr. Chadwick
said he feels the Town should consider the purchase of the Christman property at the corner of
Washington and Francis Streets for possible parking for a possible second Town boat ramp.
Discussion among Board members followed. Ms. Gibson asked the Board to be cautious in these
difficult financial times, and noted that she has been told that the Nantucket Land Bank has been
“mulling over” the purchase of the Christman property. Mr. Kopko said he would like to see money
appropriated for road maintenance. A brief discussion followed on health insurance plan design.
VII. SELECTMEN’S REPORTS/COMMENT
1. Discussion Regarding Solid Waste Special Counsel. Mr. Atherton said he asked for this matter
to be placed on the agenda because of a number of issues, including Chairman Roggeveen’s
connection with the Dreamland Foundation and the special counsel’s recent representation of the
Dreamland; and cost, adding that the cost in and of itself is a matter for discussion. Mr. Atherton
said he feels the reason for hiring special counsel has come to an end and it is unnecessary to
further engage in special counsel’s services. Chairman Roggeveen recused herself from the
discussion, saying that there have been no crosses in terms of conflict of interest, and that she
does agree that special counsel is too expensive and she supports ending the relationship on that
basis. Mr. Chadwick said Michael Leon was hired as special counsel to get the Town “through a
bumpy part” in its relationship with Waste Options Nantucket, the job has been done, and the
services are no longer needed. Mr. Atherton proposed that the Board direct the Town Manager to
no longer utilize the services of special counsel for solid waste or any other matters. A discussion
among Board members followed. Mr. Kopko moved for the Board to direct the Town Manager to
terminate the current relationship with Mr. Leon regarding solid waste issues. A discussion on the
motion followed and the Board discussed reasons for the termination. Mr. Atherton moved to call
the question. All in favor, so voted. Mr. Atherton seconded Mr. Kopko’s motion. All in favor, so
voted.
2. Discussion/Action Regarding Affordable Housing Trust/30 Easton Street House Move. Planning
Director Andrew Vorce reviewed the history of how the Affordable Housing Trust Fund (AHTF)
came into ownership of a house previously located at 30 Easton Street, noting that the AHTF
trustees voted at its 25 August 2010 meeting (Mr. Chadwick was absent from that meeting) to take
ownership of the house and to move it “somewhere on the 2 Fairgrounds Road property”. Mr.
Vorce said that at the 20 September 2010 AHTF meeting, the trustees present (Mr. Chadwick and
Linda Williams were absent; Ms. Roggeveen left the meeting before the vote took place) voted to
“proceed with the house move to a portion of the 2 Fairgrounds Road housing lease lot site” with a
5-1 vote. He added that the house was moved from 30 Easton Street to the Town lot across the
street on 5 October 2010, and requested that the Board vote to move the house to the 2
Fairgrounds Road location as stated in the AHTF minutes. Mr. Vorce reviewed a map of 2
Fairgrounds Road showing the proposed location for the house. Ms. Gibson reviewed various
questions regarding the house and the move. In response, Housing Specialist Susan Bennett Witte
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said that the location of the house on the proposed lot at 2 Fairgrounds Road does not preclude
any other development, of any kind, under current zoning at the overall site of 2 Fairgrounds Road,
and that approvals from Natural Heritage are still outstanding. Ms. Gibson clarified that the house
cannot move to 2 Fairgrounds Road until Natural Heritage approval is given. Ms. Witte said that
easements for utilities are provided for through Article 89 of the 2010 Annual Town Meeting, and
that it is still unclear who will manage the house as it will be contracted out, but said that it will not
be the Town. After further discussion, Mr. Kopko moved for the Board to allow the house to be
moved to the 2 Fairgrounds Road lot upon securing the proper permits; Mr. Atherton seconded.
Chairman Roggeveen said she is voting against the motion as she feels a plan for the long-term
use of the 2 Fairgrounds Road land has not been properly developed yet. Mr. Atherton said he
feels the same concern as Chairman Roggeveen but “the fact is we are where we are” and the
house needs to be moved from its current temporary location. Mr. Kopko credited Ms. Witte for
securing the house as a gift and also negotiating with the owner to donate $125,000 to the AHTF.
Chairman Roggeveen thanked Chief Procurement Officer Diane O’Neil for her work tying up loose
ends. On the motion, so voted 4-1. Chairman Roggeveen was opposed.
4. Committee Reports. Individual Board members gave status reports for the committees on which
they serve as representatives or liaisons.
VIII. ADJOURNMENT
The meeting was unanimously adjourned at 7:59 PM.
Approved the 3rd day of November, 2010.
BOARD OF SELECTMEN
20 OCTOBER 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 12 February 2010 at 10:00 AM; 22 February 2010 at 11:00 AM; 24
February 2010 at 6:00 PM; 3 March 2010 at 6:00 PM
III. 3. Pending contracts spreadsheet for 20 October 2010
IV. 1. Travers J. Grant resignation letter from Parks and Recreation Commission
V. 1. List of committee opening and committee interest forms for Cultural Council (David L.
Billings II; John J. McDermott)
VI. 2. List of preliminary draft potential 2011 Annual Town Meeting warrant articles
VII. 2. Email from Libby Gibson to Susan Bennett Witte, re: questions about 30 Easton Street
house and move; Email exchange between Connie Voges and Susan Bennett Witte, re:
liability insurance