HomeMy WebLinkAboutBoard of Selectmen Minutes March 30, 2011_201402061649138541BOARD OF SELECTMEN
Minutes of the Meeting of 30 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, Patricia Roggeveen, and Whiting Willauer. Chairman
Roggeveen called the meeting to order at 6:01 PM and noted that this is Mr. Chadwick’s last meeting
as a member of the Board, as he is not seeking re-election after two terms. She thanked Mr. Chadwick
for his service and presented him with a gift on behalf of the Board.
I. ANNOUNCEMENTS
1. The 2011 Annual Town Meeting starts Monday, 4 April 2011 at 6:00 PM at Nantucket High School
and the Annual Town Election is on Tuesday, 12 April 2011 with polls open from 7:00 AM to 8:00 PM at
Nantucket High School.
2. There will be no Board of Selectmen meeting Wednesday, 6 April 2011 due to the Annual Town
Meeting.
3. The Board of Selectmen will hold its April meetings in the Public Safety Facility (PSF) Community
Room, 4 Fairgrounds Road starting 13 April 2011.
II. PUBLIC COMMENT
None.
III. NEW BUSINESS
None.
IV. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Minutes of 22 December 2010 at 6:00 PM. The minutes of 22 December 2010 at 6:00
PM were approved by the unanimous consent of the meeting.
2. Approval of Payroll Warrant for Week Ending 27 March 2011. The payroll warrant for week ending 27
March 2011 was approved by the unanimous consent of the meeting.
3. Approval of Treasury Warrant for 30 March 2011. The treasury warrant for 30 March 2011 was
approved by the unanimous consent of the meeting.
4. Approval of Pending Contracts for 30 March 2011. Ms. Gibson reviewed the various pending
contracts. Chairman Roggeveen noted that the Board spent a good amount of time reviewing the terms
of the Town Manager’s contract with Ms. Gibson. Chairman Roggeveen, Mr. Atherton and Mr. Kopko
discussed various changes to the contract. Marine Superintendent Dave Fronzuto answered questions
from the Board on the Marine Department contract. Mr. Willauer moved to approve the pending
contracts for 30 March 2011; Mr. Chadwick seconded. All in favor, so voted.
V. CITIZEN/DEPARTMENTAL REQUESTS
1. Nantucket Cottage Hospital: Request for Proclamation Honoring its 100th Anniversary. Bill Farrell of
Nantucket Cottage Hospital read the proclamation honoring the Hospital’s 100th Anniversary. Nantucket
Cottage Hospital Trustee Steven Anderson expressed his gratitude and asked that the proclamation be
approved. Mr. Willauer moved to approve the proclamation for Nantucket Cottage Hospital; Mr.
Chadwick seconded. All in favor, so voted.
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2. Marine and Coastal Resources Department: Request for Acceptance of Gift of Outerwear for 2011
Lifeguard Program Not to Exceed $5,000 from Jack Wills Inc. Mr. Fronzuto reviewed the gift from Jack
Wills Inc. and he and Beach Manager Jeff Carlson answered questions from the Board. Mr. Willauer
moved to accept the gift of outerwear for the 2011 lifeguard program from Jack Wills Inc. with thanks;
Mr. Atherton seconded. All in favor, so voted.
VI. PUBLIC HEARINGS
1. Public Hearing to Consider Extending Layout of Miller Lane from Current Terminus to New Terminus
Approximately 458 Feet to West as Shown as Lot B-1 on Plan Entitled “Review Plan to Show Proposed
Redivision of Lot B/Miller Ln.”. Chairman Roggeveen opened the public hearing. Planning Director
Andrew Vorce reviewed the matter and explained that in order for Article 37 to be considered at the
2011 Annual Town Meeting a public hearing had to be held regarding the layout of Miller Lane.
Chairman Roggeveen noted that the Board held a viewing earlier in the day at the site. Mr. Vorce
added that the Planning Board recommended that a turnaround at the end of Miller Lane be removed.
Planning Board member Nat Lowell reviewed the history of Miller Lane. Joan Bunting, representing her
mother Mary Glowacki, thanked the Board members present at the viewing and admonished the two
that were not present. Ms. Bunting spoke in favor of extending the layout. Abutter Steven Cohen spoke
against extending the layout of Miller Lane and further reviewed its history, noting that the section of
Miller Lane in question was not laid out as a road, but was kept as just a parcel of land. Mr. Vorce
answered questions from the Board. Ms. Bunting noted that other property owners, including the
Nantucket Inn and a private subdivision, all have access on Miller Lane. Chairman Roggeveen closed
the public hearing. Chairman Roggeveen encouraged the Board to consider the request favorably. Mr.
Kopko stated he has visited the site many times and he believes Mr. Cohen’s history review of Miller
Lane is accurate. He added that Town Meeting intended to keep the area in question as open space.
Mr. Chadwick urged the Board to vote favorably tonight and let Town Meeting make the final decision.
Mr. Atherton suggested that the proposed road layout be reduced to 75’ in length to give the property
owners access to one lot with the onus on them to place easements on the two additional lots for
access to those lots. Following some discussion, Ms. Bunting stated her family was open to this
compromise. Discussion followed on various road layout scenarios. Mr. Kopko moved to extend the
layout of Miller Lane to 75’ in length by 35” wide; Mr. Willauer seconded. Mr. Atherton asked to amend
the motion to make the width 20’. Mr. Kopko accepted that as a friendly amendment; Mr. Willauer
seconded. Further discussion followed. All in favor of the motion as amended to extend Miller Lane 75’
by 20’, so voted.
2. Public Hearing to Consider Taking by Eminent Domain the Fee Simple Title of Parcels of Land
Known as an Unnamed Way Located On and Between 67 Baxter Road, Known as Map 49, Parcel 24
and 65 Baxter Road, Known as Map 49, Parcel 23 as Shown as Parcels A and B on Plan Entitled
“Roadway Acquisition & Disposition Plan in Nantucket, Mass. of 30’ Wide Unnamed Way”. Chairman
Roggeveen opened the public hearing. Mr. Vorce noted this is the first step in several required to take
this property, with the end result to be public access via lateral ways to the Sconset bluff walk. Attorney
Arthur Reade, representing the Siasconset Beach Preservation Fund (SBPF), noted that SBPF has
been working with the property owners of 65 and 67 Baxter Road on an easement to allow public
access to the bluff walk since last year. He noted that the property owners are now in favor of the taking
proposed by the Town to establish a public access path for pedestrian use rather than granting
easements. Mr. Kopko reminded the Board that it signed off on SBPF’s last application to the
Conservation Commission in exchange for a public access easement in this location. Chairman
Roggeveen closed the public hearing. Mr. Chadwick moved to approve the taking by eminent domain of
the parcels of land located between 65 and 67 Baxter Road; Mr. Willauer seconded. All in favor, so
voted.
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VII. TOWN MANAGER’S REPORT
Ms. Gibson thanked the Board for renewing her contract. She then reviewed upcoming matters for the
Board’s 13 April 2011 meeting.
VIII. SELECTMEN’S REPORTS/COMMENT
1. Discussion/Review of Town Manager Performance Evaluation. Chairman Roggeveen noted that she
was charged with summarizing into one document the five performance evaluations submitted by the
Board members and that the Board has a draft summary before them to discuss and approve. She
stated that much of the summary was drawn from Mr. Willauer’s evaluation. Mr. Atherton asked for
clarification if the individual evaluations are public documents. Town Counsel Leonard Kopelman stated
the individual evaluations are not public documents. Mr. Kopko said he felt that the summary was not
reflective of the individual evaluations and that the numerical scores should be an average of the five.
He added that none of his comments were included in the summary and he said he was concerned that
all five members input were not treated equally. Discussion on the summary process followed. Mr.
Chadwick moved to approve the Town Manager performance evaluation as presented; Mr. Willauer
seconded. Mr. Kopko noted that if the draft summary is approved he would feel compelled to release
his evaluation as he feels his views were not represented in the summary. Further discussion followed
on the draft summary. Mr. Kopko stated the evaluation instrument is inadequate and ineffective. On the
motion, so voted 3-2. Mr. Atherton and Mr. Kopko were opposed.
2. Review of Town Counsel Policy. Chairman Roggeveen noted Mr. Kopko requested this agenda item.
Mr. Kopko noted the Town Counsel policy was adopted by the Board in April 2009 and his
understanding of the policy is that Board members are free to communicate with Town Counsel on
matters covered by the retainer and for matters that affect Board members individually such as ethics
violations. Mr. Kopko stated he has recently communicated with Town Counsel and received no
response. He added that he would like Town Counsel to know that according to the Board’s policy he is
free to respond to Mr. Kopko. Town Counsel Leonard Kopelman said that he will respond in a more
timely fashion to requests from Board members. The Board was in agreement with the intent of the
policy. No further action was taken.
3. Committee Reports. Mr. Kopko reported on the Community Preservation Committee’s warrant
articles for the 2011 Annual Town Meeting and the technical amendments it will make on its articles. He
also noted that the CPC has voted to hire independent counsel using taxpayers’ money from the CPC
administrative fund to pay for its legal counsel to represent it at Town Meeting regarding the CPC bylaw
amendment article. Mr. Kopko noted that the CPC has taken action to replace its designee from the
Conservation Commission with a current member. Chairman Roggeveen reported on today’s Ad Hoc
Budget Work Group meeting. Mr. Willauer gave an update on the Energy Study Committee and the
proposed Madaket wind turbine and clarified information regarding associated Town Meeting warrant
articles 44, 45, and 46. Some discussion followed.
VIII. ADJOURNMENT
The meeting was unanimously adjourned at 7:55 PM.
Approved the 13th day of April, 2011.
BOARD OF SELECTMEN
30 MARCH 2011 – 6:00 PM
COURT ROOM, TOWN & COUNTY BUILDING
16 BROAD STREET
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
IV. 1. Draft minutes of 22 December 2010 at 6:00 PM
IV. 4. Pending contracts spreadsheet for 30 March 2011
V. 1. Nantucket Cottage Hospital Proclamation
V. 2. Memo from Marine and Coastal Resources Dept., re: acceptance of gift from Jack Wills
Inc.; copy of letter from Jacks Wills Inc.; picture of outerwear samples
VI. 1. Copy of notice for public hearing and viewing, re: Miller Lane and associated map; email
from Andrew Vorce and revised map
VI. 2. Copy of notice for public hearing, re: Baxter Road and associated map; copy of letter from
owners of 65 and 67 Baxter Road; email from Arthur Reade and revised map
VIII. 1. Draft of Town Manager performance evaluation summary
VIII. 2. Email from Michael Kopko and copy of Town Counsel policy.