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HomeMy WebLinkAboutBoard of Selectmen Minutes March 2, 2011_2014020616491329161 BOARD OF SELECTMEN Minutes of the Meeting of 2 March 2011. 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, and Patricia Roggeveen. Whiting Willauer was absent. Chairman Roggeveen called the meeting to order at 6:01 PM. The Board held a moment of silence for long-time Department of Public Works Director Jeff Willett, who passed away Monday after a brief illness. Chairman Roggeveen noted a celebration of his life will be held Sunday, 6 March 2011 at noon at Fairgrounds Restaurant. I. ANNOUNCEMENTS 1. The UMass Dartmouth SMAST (School for Marine Science and Technology) will present its Madaket and Long Pond Estuaries report on Tuesday, 15 March 2011 at 5:00 PM for the Board of Selectmen; and 6:00 PM for the public, at the Public Safety Facility Community Room, 4 Fairgrounds Road. At 6:03 PM Mr. Willauer joined the meeting. 2. Town Manager C. Elizabeth Gibson announced the Board will hold a joint meeting with the Finance Committee tomorrow at 4:00 PM at the 2 Fairgrounds Road conference room to discuss various 2011 Annual Town Meeting warrant articles. II. PUBLIC COMMENT None. III. NEW BUSINESS None. IV. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS 1. Approval of Payroll Warrant for Week Ending 27 February 2011. The payroll warrant for week ending 27 February 2011 was approved by the unanimous consent of the meeting. 2. Approval of Treasury Warrant for 2 March 2011. The treasury warrant for 2 March 2011 was approved by the unanimous consent of the meeting. 3. Approval of Pending Contracts for 2 March 2011. Ms. Gibson reviewed the pending contract and introduced new Our Island Home Administrator Rachel Day who was recently promoted from her position of Assistant Administrator. Ms. Day reviewed an Our Island Home-related contract addendum and answered questions from the Board. The pending contracts for 2 March 2011 were approved by the unanimous consent of the meeting. V. CITIZEN/DEPARTMENTAL REQUESTS 1. Appointment: Agricultural Commission. Chairman Roggeveen reviewed a committee interest form from Dane DeCarlo, noting there are two vacancies on the Agricultural Commission. Mr. Kopko moved to appoint Mr. DeCarlo to the Agricultural Commission to fill a vacant term, said term to expire 30 June 2013; Mr. Atherton seconded. All in favor, so voted. 2. Town Clerk: Request for Exemption from Town Counsel Policy Regarding Communication. Town Clerk Catherine Stover reviewed her request and answered questions from the Board. Following some discussion among Board members, Mr. Kopko moved that the Town Clerk operate under the Town 2 Counsel Policy as the Board does and report back to the Town Manager, as long as it concerns retainer matters. Further discussion followed. Town Counsel John Giorgio noted that access to town counsel is permitted more often than not on retainer matters and that if a written opinion is requested, permission from the Town Manager would be sought first. Mr. Atherton seconded Mr. Kopko’s motion. All in favor, so voted. Mr. Kopko requested that the Town Counsel Policy be placed on a future agenda for discussion. 3. Nantucket Land Council: Request for Preliminary Review of Two (2) Conservation Restrictions to be Held by Nantucket Land Council for Portions of Land Located on Tuckernuck Island. Lynn Zimmerman answered questions from the Board on the two conservation restrictions. The Board consensus is to send the two conservation restrictions for Tuckernuck to Town Counsel for formal review. VI. PUBLIC HEARINGS 1. Board of Selectmen/Board of Sewer Commissioners: Public Hearing to Discuss Possible Mandatory Sewer Hookups in Sewer Districts; Funding Mechanisms for Sewering Monomoy Sewer-Needs Area; Discussion of 2011 Annual Town Meeting Warrant Article 33. Chairman Roggeveen opened the public hearing. Mr. Willauer asked if sewer connections are already mandatory. Mr. Kopko said that in 2003 the Board of Health adopted local regulation 69 requiring mandatory sewer connections. Health Director Richard Ray explained that the regulation was on hold until new sewer lines were installed and the wastewater treatment facilities were online. Mr. Willauer asked how the regulation will be enforced. Mr. Ray said he will look to the DPW for a list of those who have not connected to Town sewer which is available to them now. Mr. Kopko said he feels further review of local regulation 69 is warranted by the Board of Health and the Board of Selectmen. Discussion among Board members followed. Mr. Giorgio noted that the regulation requires written notice to the property owner letting them know that sewer is available and they have six months to connect. He added that only the Board of Health has statutory authority to mandate sewer connections and only the Board of Health can amend the regulation. Following further discussion, Chairman Roggeveen closed the public hearing. Assistant Finance Director Irene Larivee reviewed five funding options to sewer the Monomoy needs area including 100% betterments; 50% betterments/50% debt override; 34% betterment/33% debt override/33% sewer rate payer; 25% betterment/75% debt override; and 100% sewer rate payer. Mr. Kopko noted that the Sewer Advisory Committee recommended that new sewer construction be paid by 100% betterments. Mr. Atherton said he would like to see back-up information for the estimated $15.56 million cost for sewering the Monomoy needs area, adding that the Comprehensive Wastewater Management Plan (CWMP) should be revisited and reviewed. Mr. Kopko estimated that the cost of each sewer connection would be approximately $90,000 per lot at 100% betterments, noting that septic installations are expensive as well. Chairman Roggeveen spoke in favor of funding the Monomoy sewer needs area by 100% betterments. Further discussion followed on funding scenarios. Mr. Atherton moved that the only sewer project to be considered this year is the Monomoy needs area; Mr. Willauer seconded. All in favor, so voted. Mr. Atherton moved to make a recommendation to the Finance Committee for the meeting tomorrow night, subject to further information, to fund the sewering of the Monomoy needs area through two-thirds betterments and one-third debt override, noting the Board will craft a final motion next week; Mr. Willauer seconded. Following discussion, so voted 4-1. Chairman Roggeveen was opposed. Chairman Roggeveen noted that she and Mr. Atherton met with Article 33 proponent Tim Soverino this morning to discuss that article. Mr. Atherton reviewed the discussion, noting it focused on funding issues of the Surfside Wastewater Treatment Facility which cost approximately $45 million for the recent upgrade and expansion. He said that the original funding plan was for one-third to come from the tax base, one-third to come from sewer users, and one-third to come from new users. He added that the new users initially projected have not materialized and the question now is how to address the shortfall which is currently being funded by the sewer rate payers. Mr. Atherton said they 3 discussed asking the general tax payer to “pick up” the one-third of the cost that was supposed to come from new users, but that any and all privilege fees collected would go toward that one-third. Chairman Roggeveen added that this funding scenario allows the Town more flexibility and that Mr. Soverino is supportive of this approach. Discussion among Board members followed. VII. TOWN MANAGER’S REPORT Ms. Gibson noted that in light of recent Airport bonuses having been awarded, Town Administration has sent the Town’s personnel policies to labor counsel for review as they are somewhat outdated. She said that when a document is ready to adopt it will be brought to the Board for review. Mr. Atherton stated that ideally the Airport and the Town should be under the same personnel policies. Ms. Gibson explained that a fact sheet regarding the Human Services Department is being developed by herself, Human Services Director Pamela Meriam, and Assistant Town Manager Gregg Tivnan pursuant to the recent human services consolidation. She reviewed some of the fact sheet information. Ms. Gibson noted that an attorney from Town Counsel’s office will be conducting five workshop sessions next Wednesday, 9 March regarding the proposed Stretch Code warrant article. VIII. SELECTMEN’S REPORTS/COMMENT 1. Preliminary Review of Board of Selectmen Comments to 2011 Annual Town Meeting Warrant Articles. Chairman Roggeveen suggested that the Board hold off on comments until tomorrow’s joint meeting with the Finance Committee. Mr. Atherton noted he is having second thoughts on Article 113 concerning Town Meeting giving the Board the authority to sell or dispose of industrial lots. He spoke in favor of short-term leasing of the lots instead. Mr. Atherton voiced his concerns regarding Article 45 and the proposed Madaket wind turbine project. Some discussion followed. 2. Board of Selectmen Appointee to Board of Health (Continued from 2 February 2011; 9 February 2011; 16 February 2011; 23 February 2011). Mr. Kopko withdrew his interest in being the Board representative to the Board of Health. Chairman Roggeveen noted that she and Mr. Atherton are both interested in serving on the Board of Health. Mr. Atherton and Mr. Kopko voted in favor of Mr. Atherton. Mr. Chadwick, Chairman Roggeveen, and Mr. Willauer voted in favor of Chairman Roggeveen. So voted to appoint Chairman Roggeveen as the Board of Health representative. 3. Committee Reports. Mr. Willauer reported on the Ad Hoc Budget Work Group and the Energy Study Committee. Mr. Kopko noted the May 2011 Cape Cod Selectmen and Councilors’ Association monthly meeting will be held in Nantucket. VIII. ADJOURNMENT The meeting was unanimously adjourned at 8:11 PM. Approved the 1st day of June, 2011. BOARD OF SELECTMEN 2 MARCH 2011 – 6:00 PM COURT ROOM, TOWN & COUNTY BUILDING 16 BROAD STREET NANTUCKET, MASSACHUSETTS List of documents used at the meeting: IV. 3. Pending contracts spreadsheet for 2 March 2011 V. 1. Committee interest form from Dane DeCarlo for Agricultural Commission V. 2. Letter from Town Clerk, re: Town Counsel access; copy of Town Counsel Policy; list of MA towns and town counsel access V. 3. Letter from Nantucket Land Council, re: Tuckernuck conservation restrictions; conservation restriction for Susan Stone East End property; conservation restriction for Susan Stone Woods Lot property VI. 1. 2011 annual Town Meeting Article 33; Monomoy sewer needs area maps, memo from Jeff Willett with attachments; copy of CWMP map; memos from the Health Director; FY 2012 sewer projects review presentation