HomeMy WebLinkAboutBoard of Selectmen Minutes September 22, 2010_201402061620261087BOARD OF SELECTMEN
Minutes of the Meeting of 22 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, Brian Chadwick, Michael Kopko, Patricia Roggeveen, and Whiting Willauer.
Chairman Roggeveen called the meeting to order at 6:23 PM, following a meeting of the County
Commissioners.
I. ANNOUNCEMENTS
1. There will be no Board of Selectmen meeting on Wednesday, 29 September 2010 as it is the
fifth Wednesday of the month.
2. Town Manager C. Elizabeth Gibson noted Town Administration is working on acknowledging
years of service for Town employees on a quarterly basis, starting at the Board’s 6 October 2010
meeting where employees being acknowledged will be invited to the meeting and issued years of
service pins.
3. Health Director Richard Ray announced the Nantucket Health Department and Nantucket
Cottage Hospital have partnered to offer a flu clinic on Saturday, 25 September 2010 from 8:00 AM
to 1:00 PM at Nantucket Elementary School for a nominal cost.
4. Chairman Roggeveen noted there are many PowerPoint presentations tonight, and asked
presenters to keep their presentations brief.
5. State Representative Timothy Madden announced that Commercial Drivers License (CDL)
holders will soon be able to get licensed on island.
II. PUBLIC COMMENT
None.
III. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Minutes of 21 October 2009 at 6:00 PM; 28 October 2009 at 6:00 PM; 8 September
2010 at 6:00 PM. The minutes of 21 October 2009 at 6:00 PM; 28 October 2009 at 6:00 PM as
amended; and 8 September 2010 at 6:00 PM were approved by the unanimous consent of the
meeting.
2. Approval of Payroll Warrant for Week Ending 19 September 2010. The payroll warrant for the
week ending 19 September 2010 was approved by the unanimous consent of the meeting.
3. Approval of Treasury Warrant for and Pending Contracts for 22 September 2010. Ms. Gibson
reviewed the pending contract. The treasury warrant and pending contract for 22 September 2010
were approved by the unanimous consent of the meeting.
Chairman Roggeveen noted that agenda item IV. 3. has been moved to the end of the
citizen/departmental requests section, as it should have been listed on the agenda as a public
hearing.
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IV. CITIZEN/DEPARTMENTAL REQUESTS
1. Siasconset Casino Association: Request for Waiver of Town Noise Bylaw from 10:00 PM to
11:00 PM for Event on 1 October 2010. Siasconset Casino Manager Mike Coleman spoke in favor
of the request. Mr. Atherton moved to approve a waiver of the Town Noise Bylaw for the Casino as
requested; Mr. Kopko seconded. So voted 4-1. Mr. Chadwick was opposed.
2. Request for Acceptance of Release Deed Regarding 10 Beach Street, Siasconset. Mr. Kopko
moved to approve the release deed regarding 10 Beach Street, Siasconset; Mr. Atherton
seconded. All in favor, so voted. It was noted that a similar deed was approved by the County
Commissioners at the 22 September 2010 meeting, previous to this meeting.
4. Article 68 Work Group Presentation. Article 68 Work Group Chair Lucinda Young acknowledged
the Harbor Plan Implementation Committee for its work on the original Warrant Article 68 of the
2010 Annual Town Meeting. Article 68 Work Group Vice Chair Peter Boyce reviewed what the
Work Group has accomplished and tasks it has been working on, including public/homeowner
education; professional landscaper education; understanding legal aspects; public relations,
licensing, certification, enforcement, and penalties; vendor relations, and budget estimates. Mr.
Boyce, Ms. Young, and Work Group secretary Lee Saperstein answered questions from the Board.
Mr. Atherton suggested the Work Group contact other towns to inquire what fertilizer regulations
they might have. Mr. Kopko added that the subject could be broached at a Cape Cod Selectmen
and Councilors’’ Association meeting.
5. Council for Human Services: Review of Report for Scope of Services for FY 2012 Health and
Human Services Contracts. Council Vice Chair John Belash introduced Council members present
and reviewed the report, including the community needs and eight recommendations, noting the
Council would like for the Board to adopt the Council’s proposed community needs statement. He
added the Council has scheduled a public hearing for further review of the report and public input
on Thursday, 30 September 2010. Mr. Chadwick suggested the Board “roll over” the contracts for
another year at the $300,000 level and dispense with the contract review process for fiscal year
2012. Mr. Kopko agreed with Mr. Chadwick. Ms. Gibson said more time is needed to review the
report and agreed with rolling over the contracts, but noted it is unclear at this time if the funding
amount will stay the same. Mr. Willauer and Council member Mary Wawro discussed whether the
Council had met its directive from the Board. Chairman Roggeveen said she would like to forward
the Council’s report to the Community Foundation for Nantucket, which is in the process of a
community-wide human services study, and agreed with the idea of rolling over the contracts. Mr.
Atherton asked for clarification that the Board would be rolling over the human services contracts
for one year to allow for more time to implement changes on how contracts will be awarded in the
future. Mr. Kopko moved to accept the report of the Council for Human Services with thanks; Mr.
Atherton seconded. All in favor, so voted. Mr. Kopko then moved to use the FY 2011 contracts as a
baseline to allocate human services contracts for FY 2012. Discussion followed on the motion. Mr.
Chadwick seconded the motion. So voted 4-1. Mr. Atherton was opposed. A discussion followed
among Board members, Ms. Wawro, and Council member Linda Williams on the vote regarding
the contracts, which would deem the Contract Review Committee unnecessary to review and make
recommendations for the FY 2012 contracts. Chairman Roggeveen clarified that the Contract
Review Committee is not being eliminated, but that the process is changing for one year.
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3. Planning: Request for Order of Taking by Eminent Domain and Resolution Regarding Damage
Awards for Taking by Eminent Domain Pursuant to Vote of Article 117 of 2008 Annual Town
Meeting, Article 90 of 2009 Annual Town Meeting, Article 76 of 2010 Annual Town Meeting for
Portions of: Adams Street, Surfside (between Pochick and Weweeder); Mount Vernon Street,
Surfside (between Pochick and Nobadeer); Waverly Street, Surfside (between Pochick and
Nobadeer); Woodbine Street, Surfside (between Weweeder and Nonantum); Harriett Street (fka
Prospect Street), Surfside (between Pochick and Boulevard); Nobadeer Avenue, Surfside
(between Plum and Holly); Laurel Street, Surfside (between Pochick and Weweeder); Plum Street,
Surfside (between Pochick and Weweeder); West Tristram Avenue, Dionis; Proprietors Way
(Road), Dionis. Chairman Roggeveen opened the public hearing. Planning Director Andrew Vorce
reviewed the Surfside neighborhood paper streets, noting they total between four and five acres in
land area. Mr. Kopko moved that the Order of Taking by Eminent Domain of portions of Adams
Street, Laurel Street, Mount Vernon Street, Nobadeer Avenue, Plum Street, Waverly Street, and
Woodbine Street, all located in Surfside, shown on the maps presented be adopted and executed;
Mr. Atherton seconded. Tom Quigley of the Surfside Association and Allen Reinhard of the Roads
and Right of Way Committee both spoke in favor of the motion. Mr. Vorce answered questions
from the audience on the takings. On the motion, all in favor, so voted. Mr. Kopko then moved that
the Resolution Regarding Damage Awards for Taking by Eminent Domain of portions of Adams
Street, Laurel Street, Mount Vernon Street, Nobadeer Avenue, Plum Street, Waverly Street, and
Woodbine Street, all located in Surfside, shown on the maps presented be adopted and executed;
Mr. Atherton seconded. All in favor, so voted. Mr. Vorce reviewed the Dionis paper streets, noting
that the streets abut three properties and the Town is currently in negotiations with the owners
regarding “One Big Beach” easements. Ellen Harde, owner of 83 and 85 Eel Point Road, said she
supports the action to eliminate West Tristram Avenue but is not in favor of a “One Big Beach”
easement. She asked that language be incorporated into the taking documents to allow her and
other abutting owners to continue to retain their driveway rights currently in the Proprietors Way.
Mr. Vorce said if the Board agrees to retain driveway rights as requested, the taking documents
can be amended to reflect that, and noted he has no problem with the request as that was the
intent all along. A Surfside area resident expressed his same concern over driveway rights on
Waverly Street in Surfside. Chairman Roggeveen asked him to speak with Mr. Vorce. Mr. Kopko
moved that the Order of Taking by Eminent Domain of portions of West Tristram Avenue and
Proprietors Way (Road), all located in Dionis, shown on the maps presented adopted and
executed, leaving access rights for 83 and 87 Eel Point Road; Mr. Chadwick seconded. All in favor,
so voted. Mr. Kopko then moved that the Resolution Regarding Damage Awards for Taking by
Eminent Domain of portions of West Tristram Avenue and Proprietors Way (Road), all located in
Dionis, shown on the maps presented be adopted and executed; Mr. Atherton seconded. All in
favor, so voted. Chairman Roggeveen closed the public hearing. Mr. Vorce noted that he has
addressed the concern of the Surfside resident and he is all set. Chairman Roggeveen thanked all
involved in this process, specifically the Surfside residents and the Planning staff.
V. PUBLIC HEARINGS
1. Public Hearing to Consider Applications for Council for Human Services and Capital Program
Committee; Appointments to Council for Human Services and Capital Program Committee.
Chairman Roggeveen opened the public hearing.
At 7:48 PM Mr. Chadwick left the meeting.
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Chairman Roggeveen reviewed the vacancies for Council for Human Services and Capital
Program Committee. Michael Miner spoke on behalf of his application to the Council for Human
Services.
At 7:49 PM Mr. Chadwick returned to the meeting.
Chairman Roggeveen proceeded with the following appointments:
Council for Human Services – two seats available and three applicants. By paper ballot, for a seat
with a term set to expire 30 June 2011, Bart Cosgrove was appointed. Mr. Cosgrove received
votes from Mr. Atherton, Mr. Kopko, Chairman Roggeveen, and Mr. Willauer. By paper ballot, for a
seat with a term set to expire 30 June 2012, Richard Ross was appointed. Mr. Ross received votes
from Mr. Kopko, Chairman Roggeveen, and Mr. Willauer.
Capital Program Committee – two seats and four applicants. Mr. Chadwick noted he is abstaining
from the vote as he feels the Finance Committee can take over the work of the Capital Program
Committee. By paper ballot, for a seat with a term set to expire 30 June 2011, Peter Boynton was
appointed. Mr. Boynton received votes from Mr. Atherton, Chairman Roggeveen, and Mr. Willauer.
By paper ballot, for a seat with a term set to expire 30 June 2013, Phil Stambaugh was appointed.
Mr. Stambaugh received votes from Mr. Atherton, Chairman Roggeveen, and Mr. Willauer.
Chairman Roggeveen closed the public hearing.
2. Public Hearing to Determine Tax Allocation by Classification; Percentage of Residential
Exemption to be Granted for FY 2011. Chairman Roggeveen opened the public hearing. Assessor
Deborah Dilworth, noting “unforeseen hurdles”, requested the public hearing be continued to the
Board’s 6 October 2010 meeting. Mr. Atherton moved to continue the public hearing to 6 October
2010; Mr. Willauer seconded. All in favor, so voted.
VI. TOWN MANAGER’S REPORT
1. FY 2012 General Fund Capital Projects Recommendations. Ms. Gibson noted that capital
project recommendations are reviewed annually, adding that the information presented tonight will
most likely change going forward. Ms Gibson reviewed the Town’s capital funding requirement and
the definition of capital projects. She reviewed the tier rating system used to develop the capital
project recommendations by tier. A discussion regarding the location of Town offices followed. Mr.
Kopko advocated for Town road maintenance and recommended against funding the Prospect
Street shared-use path extension and the Tom Nevers bunker renovation as Tier I items, as well as
upgrades for the 2 Fairgrounds Road building from Tier II. A discussion followed among Board
members on the various recommendations. Per Board consensus, Chairman Roggeveen asked
Ms. Gibson to give the Capital Program Committee direction on Tier I and Town road maintenance
by removing the Prospect Street shared-use path extension and the Tom Nevers bunker
renovation from Tier I; moving Nobadeer Farm Road drainage improvements from Tier II to Tier I;
and moving road maintenance from Tier II to Tier I as a "stand-alone" item, noting the Board will
take a look at Tiers II and III and items it will not recommend at all at its 6 October 2010 meeting.
2. Review of Debt Service Schedule with Finance Director. Finance Director Connie Voges
reviewed the Town’s debt service schedule and answered questions from the Board.
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VII. SELECTMEN’S REPORTS/COMMENT
1. Discussion Regarding Approach to Legal Services Request for Qualifications (RFQ) Evaluation
of Submittals. Chairman Roggeveen noted she and Mr. Willauer reviewed the RFQ evaluation
process with Ms. Gibson today in preparation for tonight’s meeting, and that she has also reviewed
the 2010 FAA report on legal services. She suggested the Board charge Ms. Gibson to collect
information for the Board to provide background to “set standards” for evaluation. Chairman
Roggeveen recommended that the Board look at all RFQ submissions with a few general principals
in mind, narrow the responders to about five finalists, then start the interview process; she said this
would allow for transparency. Mr. Willauer said he anticipates there will be many responses to the
RFQ and said he has come up with some general principles, including how well the firm or
individual lawyer manage legal costs, manage its people, manage its case loads, and manage
legal specialties. Mr. Kopko said he feels the entire process is a “colossal waste of the staff’s time
and energy” as well as the Board’s, that the current legal services contractor works just fine and
the steps the Town has taken in the last 18 months to manage the legal services contract have
resulted in a reduction in legal costs and that the Town is getting “excellent results”. Mr. Atherton
noted the Board has a legal services policy in place that calls for an annual evaluation of the
Town’s legal services contractor, adding that the Board is not current in its evaluation of the current
contractor. Chairman Roggeveen said she is not sure if the evaluation process is appropriate while
the RFQ process is underway. Mr. Kopko said he doesn’t feel the RFQ process is objective and
feels Town Counsel’s evaluation should take place now. A discussion followed among Board
members.
2. Committee Reports. Mr. Kopko updated the Board on recent meetings of the Community
Preservation Committee and the Affordable Housing Trust. Mr. Willauer noted that at the Board’s 6
October 2010 meeting, it will need to make appointments to the Shellfish Management Plan
oversight committee from nominees recommended by the Harbor and Shellfish Advisory Board and
the Nantucket Shellfish Association.
VIII. ADJOURNMENT
The meeting was unanimously adjourned at 9:05 PM.
Approved the 6th day of October, 2010.
BOARD OF SELECTMEN
22 SEPTEMBER 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 21 October 2009 at 6:00 PM; 28 October 2009 at 6:00 PM; 8 September
2010 at 6:00 PM
III. 3. Pending contracts spreadsheet for 22 September 2010
IV. 1. Letter from Siasconset Casino Assn, request for waiver of noise bylaw
IV. 2. Release deed, re: 10 Beach Street
IV. 4. Copy of PowerPoint, re: Article 68 Work Group presentation
IV. 5. Copy of PowerPoint presentation, re: CHS “Back to Basics”; revised CHS report/appendix;
Memo from Maryanne Worth, re: CHS report; CHS Report; Memo to CHS from Town
Manager
IV. 3. Written motions for takings and resolutions from Andrew Vorce; Memo from Andrew Vorce,
re: taking of various paper streets with associated plans; sample documents for Order of
Taking by Eminent Domain and Resolution Regarding Damage Awards for Taking by
Eminent Domain; Notice of Taking; email from Andrew Vorce, re: maps for takings and
associated maps
V. 1. List of current committee memberships and applicants for CHS and Capital Program
(original and revised); application forms
VI. 1. Note that Town Manager recommendations will follow; copy of PowerPoint presentation,
re: Town Manager recommendations; Capital Project Requests packet
VI. 2. Copy of PowerPoint presentation, re: Update on Municipal Debt; Email from Connie
Voges, re: Debt Service information; CV notes for presentation; MGL Ch. 44, section 10;
Commonwealth proposed EQV for 2010; General Fund debt service requirements, detail
by year; email, re: “percent of budget” debt limit