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HomeMy WebLinkAboutBoard of Selectmen Minutes September 8, 2010_201402061620257805BOARD OF SELECTMEN Minutes of the Meeting of 8 September 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, Michael Kopko, Patricia Roggeveen, and Whiting Willauer. Brian Chadwick was absent. Chairman Roggeveen called the meeting to order at 6:00 PM. I. ANNOUNCEMENTS 1. The Annual Island Fair is at Tom Nevers Field on Saturday and Sunday, September 11 and 12, 2010. 2. The Third Annual Elder Expo is at Nantucket High School on Saturday, September 11, 2010. 3. Town Manager C. Elizabeth Gibson and Police Chief William Pittman gave updates on Hurricane Earl, and thanked all Town departments and local and state agencies which were involved in the planning and preparation process. II. PUBLIC COMMENT None. III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Minutes of 4 August 2010 at 6:00 PM; 18 August 2010 at 6:00 PM. The minutes of 4 August 2010 at 6:00 PM and 18 August 2010 at 6:00 PM were approved by the unanimous consent of the meeting. 2. Approval of Payroll Warrant for Week Ending 5 September 2010. The payroll warrant for the week ending 5 September 2010 was approved by the unanimous consent of the meeting. 3. Approval of Treasury Warrant for and Pending Contracts for 8 September 2010. Ms. Gibson reviewed the various pending contracts. The treasury warrant and pending contracts for 8 September 2010 were approved by the unanimous consent of the meeting. IV. CITIZEN/DEPARTMENTAL REQUESTS 1. Visitor Services: Request for Acceptance of $6,600 from Fourth of July Fireworks T-shirt Sales. Ms. Gibson explained that the sale of Fourth of July fireworks t-shirts were made to help offset some of the fireworks costs, noting that David Sharpe of Visitor Services designed the t-shirts. Visitor Services Director Kate Hamilton added that the Cape and Islands License Plate Fund has been paying for the annual fireworks display for some time, and that all 504 t-shirts were sold for a total of almost $7,000. Mr. Atherton moved to accept the revenue from the t-shirt sales; Mr. Willauer seconded. All in favor, so voted. 2. Marine and Coastal Resources Department: Request for Seasonal Shellfish Constable Annual Appointment. Ms. Gibson noted the shellfish constable position is an annual appointment with a nominal annual stipend. Mr. Atherton moved to appoint Daniel Haynes for one year as a seasonal shellfish constable, said term to expire 30 June 2011; Mr. Willauer seconded. All in favor, so voted. 3. Nantucket Public Schools: Request for $2,500 Donation Regarding School Wind Turbine Project. Chairman Roggeveen recused herself from this matter. Ms. Gibson noted a few months ago when the school came in to update the Board on its wind turbine they mentioned that they might need some 1 financial help from the Town. Mr. Atherton moved to approve a donation for $2,500 to the Nantucket Public Schools for its wind turbine project; Mr. Kopko seconded. So voted 3-0. 4. Nantucket Lightship Basket Museum: Grant of Easements at 49 Union Street. Ms. Gibson explained that work on this easement has been underway for over a year, noting the purpose is to widen the corner at Union and Francis Streets. She added that there is no current appropriation for the work but that this is a first step. Mr. Willauer suggested that the sight lines from East Dover Street be improved. Mr. Atherton moved to approve the grant of easements at 49 Union Street as presented; Mr. Kopko seconded. All in favor, so voted. V. TOWN MANAGER’S REPORT 1. Assessor: Overview of FY 2010 Revaluation Process, Outcome. Assessor Deborah Dilworth updated the Board on FY 2010 revaluation process, and reviewed the process as well as the status and history of abatements. Ms. Dilworth answered questions from the Board throughout her presentation. 2. Review of/Endorsement of Proposed Town Administration Community Preservation Fund Projects for FY 2012 (tabled from 1 September 2010). Chairman Roggeveen recused herself from this matter. Ms. Gibson noted the Board adopted a policy in 2007, which was revised in 2009, and requires all departments under Town Administration to request approval to submit applications to the Community Preservation Committee (CPC). Ms. Gibson reviewed the various Town Administration requests, noting some information came in very late and still requires further information. Mr. Atherton moved to endorse the CPC projects presented subject to the Town Manager’s final approval; Mr. Kopko seconded. So voted 3-0. 3. FY 2010 Sewer Enterprise Fund and Solid Waste Enterprise Fund End of Year Reports. Department of Public Works Director Jeff Willett presented fourth quarter reports for the Sewer Enterprise Fund (SEF) and Solid Waste Enterprise fund (SWEF) budgets and reviewed solid waste tonnage, revenues and expenses, cost centers, and sewer flows, revenues and expenses, sewer connections and privilege fees. Mr. Willett noted that mixed solid waste (MSW) tonnage is up 6.5% over the same time last year. He added that C&D revenue is trending upward, but is still down 9.6% compared to the same time last year. Assistant Finance Director Irene Larivee reviewed the SWEF and SEF revenues and expenses. Mr. Willett and Ms. Larivee answered questions from the Board throughout the presentation. 4. Status of 2010-11 Board of Selectmen Goals/Monthly Report. Ms. Gibson updated the Board on action items since the last update on 4 August 2010, noting she would like to schedule a workshop meeting regarding program budgeting. Assistant Town Manager Gregg Tivnan updated the Board as well on specific goal progress made. Ms. Gibson updated the Board on other items Town Administration is working on, including the Teen Center transition, a solar farm, an Open Meeting Law frequently asked questions sheet, cemeteries, and the Emergency Operations Center. VI. SELECTMEN’S REPORTS/COMMENT 1. Review Status of Draft Ground Lease Agreements with Nantucket Human Services Center, Inc.: Human Services Center Project and Affordable Housing Project. Chairman Roggeveen noted that representatives of Nantucket Human Services Center, Inc. were inadvertently not informed of this agenda item, and the Board consensus was to postpone the discussion to the following week. A discussion among the Board followed on where matters stand with Nantucket Human Services Center, 2 3 Inc. Town Counsel Paul DeRensis said that attorney Rod Hoffman feels confident to deliver a lease close to the Town’s template but that the Town could still be at risk for exposure if the organization fails. The Board discussed some of the risks. 2. Review of Special Counsel for Solid Waste Issues. Mr. Atherton explained that he asked for this matter to be placed on the agenda because attorney Michael Leon, whose firm is employed as special counsel for sold waste issues for the Town, was hired by the Dreamland Foundation, of which Chairman Roggeveen works as executive director. As a result of this relationship, plus the cost, Mr. Atherton said he feels the Town should no longer engage Mr. Leon’s services. Chairman Roggeveen explained that Mr. Leon represented the Dreamland Foundation at the state level regarding its Chapter 91 Waterways license, which has nothing to do with the Town. She did agree with Mr. Atherton that there is a cost concern for the Town, and suggested that special legal counsel should possibly be put out to bid. A discussion among Board members followed. Mr. Kopko and Mr. Atherton both said they are in favor of terminating Michael Leon because of the representation of both the Dreamland and the Town; however, the Board consensus was to table discussion until a determination can be made as to whether or not Chairman Roggeveen can participate in the discussion from an ethics standpoint. 3. Action on Amendment to Legal Services Policy. Ms. Gibson reviewed the proposed amendment to the legal services policy regarding conflict of interest noting that the amendment was proposed by Mr. Atherton at least week’s meeting. A discussion followed on the amendment language. Mr. Kopko said he felt it was unnecessary. Mr. Atherton moved to approve the amendment to the legal services policy; Mr. Willauer seconded. All in favor, so voted. 4. Committee Reports. Mr. Atherton gave an update on the Hunting Association lease progress. Mr. Willauer gave updates on Harbor and Shellfish Advisory Board, the Energy Study Committee, and the Ad Hoc Budget Work Group. Mr. Kopko reviewed various committee vacancies. Chairman Roggeveen also discussed today’s Ad Hoc Budget Work Group meeting, and noted that the Article 68 Work Group plans to make a presentation to the Board on 22 September 2010. Mr. Kopko inquired whether Chairman Roggeveen wanted to discuss a letter he sent to her regarding conflict of interest. Chairman Roggeveen said there was no reason for a discussion as she has consulted with the State Ethics Commission, has filed a disclosure statement, and she considers the issue closed. Chairman Roggeveen said she felt pleased that the legal services request for qualifications was issued today and that it is an “important step forward”. Mr. Kopko noted his disappointment that his request to postpone the legal services discussion the week before was not granted. A Board discussion followed on ethics and a possible Town policy in addition to state rules. VIII. ADJOURNMENT The meeting was unanimously adjourned at 9:08 PM. Approved the 22nd day of September, 2010. BOARD OF SELECTMEN 8 SEPTEMBER 2010 – 6:00 PM COURT ROOM, TOWN & COUNTY BUILDING 16 BROAD STREET NANTUCKET, MASSACHUSETTS List of documents used at the meeting: I. 2. Elder Expo flyer III. 1. Draft minutes of 4 August 2010 at 6:00 PM; 18 August 2010 at 6:00 PM III. 3. Pending contracts spreadsheet for 8 September 2010 IV. 1. Letter from Visitor Services, re: gift from fireworks T-shirt sales IV. 2. Memo from Marine & Coastal Resources Dept, re: season shellfish constable appointment IV. 3. Letter from Nantucket Public Schools, re: request for donation for wind turbine project IV. 4. Grant of Easements, re: 49 Union Street; Acceptance by the Town of Nantucket of Grant of Easement V. 1. PowerPoint, re: Overview of FY 2010 Revaluation; email from Assessor, re: date of presentation V. 2. Town Administration spreadsheet, re: CPC application requests for FY 2012; memo and request outline from Roads and Right of Way Committee; emails from departments and Hummock Pond Assn, re: their CPC application requests; CPC RFP letter for FY 2012 applicants V. 3. PowerPoint, re: FY 2010 4th quarter SEF and SWEF reports (draft and final) VI. 1. Email and memo from Town Counsel, re: Nantucket Human Services Center, Inc. ground lease proposals; draft ground lease agreement for Human Services Center project; draft ground lease agreement for affordable housing project; revised projected Nantucket Human Services Center, Inc. funding schedule dated July 2, 2010 VI. 3. Draft amendment to legal services policy