HomeMy WebLinkAboutBoard of Selectmen Minutes November 9, 2011_201402061649152135BOARD OF SELECTMEN
Minutes of the Meeting of 9 November 2011. The meeting took place in the Public Safety Facility
Community Room, 4 Fairgrounds Road, Nantucket, MA 02554. Members of the Board present were
Rick Atherton, Robert DeCosta, Michael Kopko, and Whiting Willauer. Patricia Roggeveen was absent.
Chairman Atherton called the meeting to order at 6:01 PM.
I. BOARD ACCEPTANCE OF AGENDA
The Board unanimously accepted the agenda as presented.
II. ANNOUNCEMENTS
1. Health Director Richard Ray announced that the Health Department received town meeting approval
in 2011 to borrow funds from the state’s Wastewater Abatement Fund for a Septic Repair Loan
Program. Mr. Ray said that currently $1 million has been made available and loans will be made with a
2% interest rate over 20 years in the form of betterments which will be paid through real estate tax bills.
He added there are no income thresholds and priority will be given to properties in the watershed
districts. Information on the Septic Repair Loan Program can be found at http://www.nantucket-
ma.gov/Pages/NantucketMA_Health/septicloandocs.
2. Town Manager C. Elizabeth Gibson announced that the 2012 Annual Town Meeting Warrant is open
for citizen warrant article submittals until 14 November 2011 at 4:00 PM.
3. There will be presentations of the Massachusetts Estuaries Project Madaket Harbor/Long Pond Draft
Total Maximum Daily Load (TMDL) for Total Nitrogen on Thursday, 17 November 2011 at 4:00 PM for
the Board of Selectmen and at 5:00 PM for public at the Public Safety Facility Community Room, 4
Fairgrounds Road.
4. Town offices will be closed Friday, 11 November 2011 in observance of Veterans Day and Thursday,
24 November 2011 for Thanksgiving Day.
5. There will be no Board of Selectmen meetings on Wednesday, 23 November 2011 or Wednesday,
30 November 2011 as it’s the fifth Wednesday. The NRTA Advisory Board will meet on Wednesday, 30
November 2011 at 6:30 PM in Public Safety Facility Community Room at 4 Fairgrounds Road.
6. A public forum for the proposed Madaket wind turbine is scheduled for Thursday, 10 November 2011
at 5:30 PM in the Public Safety Facility Community Room at 4 Fairgrounds Road.
III. PUBLIC COMMENT
None.
IV. NEW BUSINESS
None.
V. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Minutes of 19 October 2011 at 6:00 PM; 26 October 2011 at 6:00 PM. The minutes of 19
October 2011 at 6:00 PM and 26 October 2011 at 6:00 PM were approved by the unanimous consent
of the meeting.
2. Approval of Payroll Warrant for Week Ending 6 November 2011. The payroll warrant for week ending
6 November 2011 was approved by the unanimous consent of the meeting.
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3. Approval of Treasury Warrant for 9 November 2011. The treasury warrant for 9 November 2011 was
approved by the unanimous consent of the meeting.
4. Approval of Pending Contracts for 9 November 2011. Ms. Gibson reviewed the various pending
contracts and answered questions from the Board. Deputy Police Chief Charles Gibson reviewed
change order # 10 for the Public Safety Facility and answered questions from the Board. The pending
contracts for 9 November 2011 were approved by the unanimous consent of the meeting.
VI. CITIZEN/DEPARTMENTAL REQUESTS
1. Nantucket Energy Office and Energy Study Committee: Updates. Mr. Willauer introduced Energy
Program and Outreach Coordinator Lauren Sinatra and Energy Consultant George Aronson of the
Nantucket Energy Office. Mr. Aronson gave an update on the Energy Office’s initiatives and answered
questions from the Board. Mr. Aronson reviewed an overview of Nantucket’s energy framework,
including delivery distribution, users, applications, demand, strategy, and programs, and reviewed
Nantucket’s energy usage Island-wide. He noted that the biggest Town users of electricity are the
Surfside Wastewater Treatment Facility, the composter at the Landfill, the High School, and the Airport.
Ms. Sinatra reviewed energy efficiency and National Grid’s free energy assessments, adding that the
Energy Office has engaged in social networking through Facebook and Twitter. Nantucket Land
Council executive director Cormac Collier inquired as to the status of energy audits for Town
departments. Mr. Aronson said he is working on that with the students from Worcester Polytechnic
Institute (WPI) who are here this fall. Ms. Sinatra said the Energy Office has met with members of
National Grid’s executive staff in order to work on renewing the Town’s relationship with National Grid
and establish a partnership between the two.
2. Energy Study Committee: Proposed Madaket Wind Turbine Project Update. Mr. Willauer introduced
Energy Study Committee chair Anne Kuszpa. Mr. Willauer reviewed the proposed Madaket wind
turbine project, noting community benefits would include lower electric bills for the Town and the
deferment of a third electric cable from the mainland. Mr. Willauer reviewed the scaled-down turbine
size and proposed location, adding that costs total $3.9 million. He also reviewed prospective revenues
and expenses with a full net metering scenario, grants and contracts from 2005 to the present, and a
timeline. Mr. Willauer answered questions from the Board. Mr. DeCosta requested the proposed wind
turbine project be placed on an agenda again in January, noting he has lots of questions on the matter.
Ms. Kuszpa added that the WPI students are working on a Nantucket Energy Plan (formerly known as
the Climate Action Plan).
3. ERF, LLC: Request for Consent to Assign Purchase and Sale Agreement for Parcel A, Holly Street,
Shown on Plan Recorded with Nantucket County Registry of Deeds as Plan No. 2011-22, to K. Douglas
Briggs and Claudia Sorgi. Executive Assistant to the Town Manager Erika Mooney reviewed the
request. Mr. Willauer moved to approve the assignment of the purchase and sale agreement as
presented; Mr. Kopko seconded. So voted 4-0.
4. 113 Main Street: Request for Approval of License Agreement to Allow for Rebuilt Steps to be
Located on Town-owned Property. Mr. Willauer moved to approve the license agreement as presented.
Mr. Kopko seconded. So voted 4-0.
5. Airport Commission: Request for Interim Airport Manager to be Designated as Special Municipal
Employee. Chairman Atherton explained that William McGrath has been hired by the Airport as the
Interim Airport Manager but is also the tenant of several hangar facilities at the Airport. Chairman
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Atherton added that Mr. McGrath will also be coming forth with a Conflict of Interest disclosure at a
future date. Mr. Kopko moved, in light of the inherently temporary nature of the position, the special
qualifications required for this position, and the fact that the Airport Commission’s choice for this
position did not earn compensation as a municipal employee for an aggregate of more than eight
hundred hours during the preceding three hundred and sixty-five days and is therefore eligible for this
designation under G.L. c. 268A, §1(n), that the Board of Selectmen designate the position of Interim
Airport Manager a “special municipal employee” for purposes of the Conflict of Interest Law; Mr.
DeCosta seconded. So voted 4-0.
VII. TOWN MANAGER’S REPORT
1. FY 2012 Sewer Enterprise Fund; Solid Waste Enterprise Fund First Quarter Reports. Department of
Public Works Director Kara Buzanoski reviewed the Solid Waste Enterprise Fund (SWEF), including
tonnage, revenue and expense, and cost centers. She noted that mixed solid waste (MSW) tonnage is
down 2.8% compared to the first quarter of FY 2011 and continues to trend downward, and that
construction and demolition (C&D) tonnage continues to reflect the volatility of the construction industry.
She added that C&D revenue is up slightly. Ms. Buzanoski reviewed revenue sources for the SWEF,
noting that FY 2012 actual first quarter revenue is $798,608 vs. budgeted revenue of $707,500; and
that actual first quarter expense is $1,780,887 vs. budgeted expense of $2,077,896. Ms. Buzanoski
reviewed the Sewer Enterprise Fund (SEF), including flows, revenue and expense, sewer connections,
and privilege fees. She noted that billable flow was down 8%, and is possible due to the use of deduct
meters and a reduction in seasonal users. Ms. Buzanoski reviewed SEF revenue sources, stating that
FY 2012 actual first quarter revenue is $1,727,403 vs. $1,290,012 budgeted; and that actual first
quarter expense is $2,473,880 vs. $1,490,750 budgeted. Ms. Buzanoski said the Town will likely have
to look at a sewer rate increase to cover the SEF budget in FY 2013. She added that approximately
one-quarter of the SEF operational budget is operational expense, while the remaining three-quarters is
debt service, the result of the completion of the Surfside Wastewater Treatment Facility, the Brant Point
sewer and Phase I sewer rehabilitation projects. Ms. Gibson noted the Town has received an
approximately $150,000 credit from National Grid for over billing last year, in FY 2012.
2. Update Regarding Effect of Closure of MSCPA on Town Animal Control Operations. Ms. Gibson
reported that the Town was notified on 11 October 2011 that the MSPCA would be shutting down its
Nantucket operation as of 31 December 2011, and that she and Police Chief William Pittman met with
MSPCA vice president Joe Silva recently to discuss the matter. She said the Town is prepared to
pursue other options if possible community endeavors don’t pan out, but said the Town is not prepared
to build a shelter or kennel.
3. Review of Upcoming Board of Selectmen Meeting Agenda Items. Ms. Gibson reviewed upcoming
Board agenda items over the next couple of months.
4. Airport Procurement Issues Update. Ms. Gibson noted that at its meeting last week, the Board
approved a contract with Marcum LLC for an Airport forensic audit; she discussed how the audit will
proceed. Ms. Gibson said a press release was issued today and that a confidential email is being set
up for people to contact Marcum, adding the Town will not have access to this email address. Ms.
Gibson said that she met last week with the Airport Commission chairman and staff regarding
procurement and unpaid bills, and that a resolution was found on most outstanding matters. Airport
Commission Chairman Dan Drake added that he feels the Airport is making progress regarding
procurement compliance and that while Mr. McGrath will be running the Airport, he will be focusing on
hiring a new airport manager.
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Ms. Gibson reported that she and Mr. Kopko attended the November Cape Cod Selectmen and
Councilors’ Association meeting on Friday and the topic was town managers.
Ms. Gibson noted that tomorrow she and the Code Enforcement staff are meeting with members of the
Nantucket Builders Association regarding the status of the Code Enforcement consolidation.
VIII. SELECTMEN’S REPORTS/COMMENT
1. Discussion of and Vote on Engaging in the Process to Change Health Insurance Benefits under MGL
Chapter 32B, Sections 21-23. Mr. Kopko recused himself from this matter. Chairman Atherton
explained that the state has recently passed legislation that changes how municipalities can bargain
health insurance benefits. Ms. Gibson said the Health Insurance Reform Act was enacted 12 July 2012
and the Administration has been meeting with labor counsel and the Town’s health insurance
consultant on how to proceed. Labor counsel Jack Dolan said the Health Insurance Reform Act is a
new means to make changes in health insurance, noting before now towns had to bargain plan design
changes, whereas the new procedure allows for plan design changes without traditional bargaining. He
reviewed the various steps involved with the legislation and a timeline. Mr. DeCosta moved that the
Town of Nantucket elect to engage in the process to change health insurance benefits under MGL
Chapter 32B, sections 21-23; Mr. Willauer seconded. So voted 3-0. Mr. Dolan explained that a 30-day
negotiation period begins once the Insurance Advisory Committee (IAC) is provided with notice on the
proposed changes, the estimated savings from the changes, and a mitigation proposal.
2. Discussion Regarding Policy on Posting Town Board, Committee and Commission Meeting Packets
on Town Website. Chairman Atherton noted in the Board’s packets there is a draft policy regarding
public information, explaining that the Board has posted its agenda packets online for over a year, and
he thinks that is a good, transparent process. Chairman Atherton noted the Conservation Commission
is now also doing the same and he hopes other boards and commissions follow suit. He said that the
Nantucket Planning and Economic Development Commission felt it would be helpful if the Board
adopted a policy to encourage the posting of agenda packets online as well. Mr. Kopko moved to adopt
the public information policy (attached); Chairman Atherton seconded. Mr. DeCosta said he feels
unsure of the implications of the policy, especially for smaller committees with no staff. Chairman
Atherton said he feels the proposed policy is “flexible”, in that if there is no packet then there is nothing
to post, although he encourages committees to do their best to post meeting information. On the
motion, so voted 4-0.
3. Committee Reports. Mr. DeCosta noted he attended a Nantucket Islands Land Bank meeting on
Tuesday regarding Petrel Landing. Mr. Willauer reported that he attended a recent Commission on
Disability meeting regarding the hearing disabled.
IX. ADJOURNMENT
The meeting was unanimously adjourned at 8:01 PM.
Approved the 28th day of March, 2012.
BOARD OF SELECTMEN
9 NOVEMBER 2011 – 6:00 PM
PUBLIC SAFETY FACILITY COMMUNITY ROOM
4 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
II. 3. DEP public meeting notice for MEP Madaket Harbor/Long Pond draft TMDL presentation
V. 1. Draft minutes of 19 October 2011 at 6:00 PM; 26 October 2011 at 6:00 PM
V. 4. Pending contracts spreadsheet for 9 November 2011
VI. 1. Nantucket Energy Office PowerPoint presentation, re: update
VI. 2. Energy Study Committee PowerPoint presentation, re: proposed Madaket wind turbine;
spreadsheets
VI. 3. Cover letter from Sarah Alger PC; letter from ERF, LLC requesting assignment of purchase
and sales agreement
VI. 4. License agreement; As-built plot plan for 113 Main Street; photos of encroaching steps
VI. 5. Motion from Town Counsel; email from Airport Commission chairman
VII. 1. Sewer and Solid Waste Enterprise Funds 1st quarter presentation for FY 2012;
VIII. 1. Motion from Town Counsel;; copy of advance notice of intent to vote pursuant to MGL
Chapter 32B, sections 21-23; recipient address list; Chapter 69 of the Acts of 2011;
Massachusetts Municipal Association Health Insurance Reform Legislation and regulations
timeline/October 2011
VIII. 2. Draft policy, re: public information