HomeMy WebLinkAboutBoard of Selectmen Minutes September 14, 2011_201402061649169479BOARD OF SELECTMEN
Minutes of the Meeting of 14 September 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, Patricia Roggeveen, and Whiting Willauer.
Chairman Atherton called the meeting to order at 6:00 PM.
I. BOARD ACCEPTANCE OF AGENDA
The Board unanimously accepted the agenda as presented.
II. ANNOUNCEMENTS
1. Town Manager C. Elizabeth Gibson announced that the annual Island Fair is being held this
Saturday, 17 September from 10:00 AM to 5:00 PM and Sunday, 18 September 2011 from 11:00
AM to 4:00 PM at Tom Nevers Field.
III. PUBLIC COMMENT
1. Carolyn Walsh spoke regarding the possible closure of the mid-island post office, noting she is
leading a grass-root effort to avert closure. She requested that the Board endorse her efforts and
she encouraged citizens to support the effort as well. Mr. Willauer noted that the Commission on
Disability is writing letters to the Federal government as well, as the mid-island post office is the
only one which is properly accessible. Chairman Atherton asked Town Administration to work with
Ms. Walsh to draft a letter for the Board to sign. Ms. Walsh added that her group is developing a
website and organizing protests at all three post office locations.
2. Peter Brace stated that the U.S. Fish and Wildlife Service has released a draft conservation plan
for Great Point, and the agency is holding public meetings on 15 September 2011 at the Nantucket
Inn at 1:00 PM and 6:00 PM. He urged people to attend, noting that the comment period on the
plan is 1 October 2011; and, that significant changes are being proposed.
IV. NEW BUSINESS
None.
V. APPROVAL OF MINUTES, WARRANTS, PENDING CONTRACTS
1. Approval of Payroll Warrant for Week Ending 11 September 2011. The payroll warrant for week
ending 11 September 2011 was approved by the unanimous consent of the meeting.
2. Approval of Treasury Warrant for 14 September 2011. The treasury warrant for 14 September
2011 was approved by the unanimous consent of the meeting.
3. Approval of Pending Contracts for 14 September 2011. Ms. Gibson reviewed the various
pending contracts and answered questions from the Board. Housing Specialist Susan Witte
answered questions from the Board regarding the STG Consultant Services contract. The pending
contracts for 14 September 2011 were approved by the unanimous consent of the meeting.
VI. CITIZEN/DEPARTMENTAL REQUESTS
1. Treasurer: Request for Approval of Massachusetts Water Pollution Abatement Trust Loan in the
Amount of $1,000,000 Pursuant to Article 32 of 2011 Annual Town Meeting, Septic Financing
Loan. Treasurer Deborah Weiner noted the $1 million loan is for a community septic management
1
program to be administered by the Board of Health and which was approved at the 2011 Annual
Town Meeting. She added that $2 million was approved but the Town is seeking only $1 million at
this time. Ms. Roggeveen read the motion to approve the MWPAT loan as presented (attached);
Mr. DeCosta seconded. Ms. Weiner answered questions from the Board. On the motion, all in
favor, so voted.
2. Marine and Coastal Resources Department: Request for Acceptance of Gift of $47,500 from
Nantucket Land Council for Shellfish Propagation Operation. Marine Superintendent Dave
Fronzuto explained that the Nantucket Land Council set up a challenge grant initiative and raised
$47,500 for the Town Biologist’s shellfish propagation efforts. He acknowledged the Phelon family
who donated $20,000, as well as the other donors, for their generosity. Nantucket Land Council
executive director Cormac Collier said the Land Council put forward $23,750 to match an equal
donation from the community, and he praised Town Biologist Tara Riley for the shellfish
propagation work she’s doing. He noted that many donations came forth, including from the
Phelons, after the donors were taken on a tour of the shellfish propagation operation. Mr. Kopko
moved to accept the gift with thanks; Mr. Willauer seconded. All in favor, so voted.
VII. TOWN MANAGER’S REPORT
1. Monthly Update Regarding Resolution to FY 2010 Audit Issues. Ms. Gibson introduced Michael
Daley of Financial Advisory Associates, Inc. who has been assisting with Finance Department
operational and financial management improvements. Mr. Daley noted he has been working with
the Town since the beginning of August 2011 and said that the Town’s biggest issues involve cash
accounting and reconciliation; he added that this matter has been worked on and is now up to date.
Mr. Daley reviewed work which has been completed relating to the FY 2010 audit management
letter and answered questions from the Board. Finance director Irene Larivee also answered
questions from the Board.
2. Town Administration: Review and Adoption of Financial Policies. Ms. Gibson recommended the
Board adopt seven financial policies which have been presented to it, noting that both the Finance
Committee and Audit Committee have offered comments on the policies. She stated that Town
Administration does question one comment pertaining to the User Fee policy and feels it is not
necessary. Ms. Larivee answered questions from the Board regarding the various policies. Ms.
Roggeveen moved to adopt the policies as discussed and amended by the Board; Mr. DeCosta
seconded. All in favor, so voted.
Ms. Gibson updated the Board on September’s monthly Cape Cod Manager’s meeting which was
held on Nantucket last week. She reviewed topics discussed, including hurricane preparedness,
Saturday town meetings, and mooring wait lists, among others.
Ms. Gibson noted that Mr. Kopko and she attended a Cape Cod Selectmen and Councilor’s
Association meeting on Friday, 9 September 2011 in Bourne, where the topic was wastewater. She
and Mr. Kopko noted that Nantucket is ahead of many Cape communities in terms of sewering but
Nantucket faces similar funding issues with upcoming sewer projects.
VIII. SELECTMEN’S REPORTS/COMMENT
1. Discussion Regarding Road Improvements. Chairman Atherton noted that the last time the
Board discussed the FY 2012 $900,000 appropriation for road improvements, the Town was
2
3
planning to pave sections of Polpis and Madaket Roads and Tennessee Avenue. He asked what
the Town is planning to do with any remaining funds. Assistant Department of Public Works
director Mohamed Nabulsi explained that about $800,000 of the budget will be used as planned,
noting that he has recommendations for any remaining funds but he won’t know how much money
is left until the current road paving projects are complete.
2. Review of Town Manager Performance Evaluation Form. Chairman Atherton noted that the
Board has a proposed revised draft version of the Town Manager’s evaluation form, and a policy
which states that an annual evaluation needs to be undertaken by 30 September 2011. Ms.
Roggeveen reviewed some issues she had last year as chair preparing a summary report as noted
in the policy. Board discussion followed. Mr. Kopko spoke in favor of going back to a five-point
rating scale versus the revised proposed three-point scale. Mr. DeCosta said he feels doing an
evaluation now is premature and the Board should wait until after town meeting once the budget
cycle is over and the Town Manager is closer to accomplishing the fiscal year goals. Mr. Kopko
concurred, adding the Board should take time to improve the form. Chairman Atherton suggested
the form be brought back to the Board in 30 days, during which time Mr. Willauer and Ms.
Roggeveen will assist with some language changes. The Board agreed.
3. Committee Reports. Mr. Willauer reported on this morning’s Ad Hoc Budget Work Group
meeting and the proposed Madaket wind turbine. Chairman Atherton reviewed some recent
NP&EDC agenda items, included the Siasconset Beach Preservation Fund and an Affordable
Housing Trust Fund (AHTF) application to the Community Preservation Committee. Mr. Willauer
noted that there was no quorum at the 12 September 2011 AHTF meeting which he feels is
problematic as business can’t be conducted. Mr. DeCosta suggested that the meeting time be
adjusted.
Chairman Atherton reported on a meeting with staff of the Attorney General’s office held this
morning regarding the Airport, which was attended by Ms. Gibson, Chairman Atherton, Airport
Commission chair Foley Vaughan, Attorney John Giorgio from Town Counsel’s office, and Town
Procurement Officer Diane O’Neil. Ms. Gibson read a prepared press release (attached). Chairman
Atherton said he feels the Town’s recent actions to issue a Request for Proposal for a forensic
audit and operational and management review of the Airport and ensuring that all Airport
procurement matters go through the Town’s Procurement Office effective immediately were
positively received by the Attorney General’s staff. Ms. Roggeveen expressed concern that the full
Board, as the Airport Commission appointing authority, was not included in the meeting. Chairman
Atherton and Ms. Gibson answered questions from the Board. Mr. Kopko stated that the
community is looking for accountability and the Board should consider “unappointing” some Airport
Commissioners. Airport Commission member Arthur Gasbarro said that he has been attempting to
propose improvements to create accountability, noting that minutes are now up to date on the
Airport’s website but, not the Town’s website, and he is also trying to have the Commission
meetings moved to the Public Safety Facility. Mr. DeCosta said it is important that the Airport
Commission realizes it works for the Board of Selectmen and answers to the Board.
IX. ADJOURNMENT
The meeting was unanimously adjourned at 8:17 PM.
Approved the 28th day of September, 2011.
BOARD OF SELECTMEN
14 SEPTEMBER 2011 – 6:00 PM
PUBLIC SAFETY FACILITY COMMUNITY ROOM
4 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS
List of documents used at the meeting:
V. 3. Pending contracts spreadsheet for 14 September 2011; email between Town Counsel,
Planning Specialist and Town Administration; redlined and clean copies of STG contract
VI. 1. Email from Treasurer; loan vote language
VI. 2. Memo from Marine Superintendent; copy of gift check
VII. 1. Memo from Finance Director, re: Finance Department progress; combined timeline
VII. 2. Email from Finance Director; draft policies (7 total)
VIII. 1. DPW roads map
VIII. 2. Memos from Human Resources Director; draft revised Town Manager evaluation form
TOWN OF NANTUCKET
PRESS RELEASE
September 14, 2011
Pursuant to a request from the Attorney General’s Business and Labor Bureau, Fair Labor
Division for a meeting with Town officials regarding recent issues about Airport
procurement practices, Chairman of the Board of Selectmen Rick Atherton, Chairman of
the Airport Commission Foley Vaughan, Town Manager Libby Gibson, Town Counsel
John Giorgio and the Town’s Chief Procurement Officer Diane O’Neil met with
representatives from the Attorney General’s office on Wednesday, September 14, 2011.
The Attorney General requested the meeting in order to provide town officials with the
Attorney General’s preliminary investigative findings regarding Airport procurement
practices. The general findings include:
-- failure to require proper prevailing wage documentation on certain Airport construction
projects as required by law
-- a closed system of bidding that the airport has developed to avoid procurement
requirements
-- repeated instances of possible bid splitting
-- a practice of excessive change orders leading to unwarranted incremental increases in
the scope of services on certain projects
-- lack of written contracts and/or specifications for work
-- the possibility of inappropriate “bartering” exchanges with vendors
-- back-dating bills or contracts.
The Attorney General cited specific violations of Massachusetts procurement laws,
including:
-- renovations to restaurant space in the airport terminal without compliance with the
designer selection law and public bidding construction laws
-- improper bidding of the airport landscape project which included the construction of a
gazebo
-- misapplication of the exemption from bidding for “aviation uses”
-- telephone system work in apparent violation of bidding laws.
The Attorney General’s representatives also indicated that concurrent or future
involvement of other state agencies may occur regarding these issues, such as the State
Ethics Commission, Open Government Division of the Attorney General’s office, and the
Inspector General’s office.
The Attorney General’s office is planning to issue a report of its findings, including a
compliance order, sometime this fall.
Town officials informed the Attorney General that the Town is in the process of
developing a Memorandum of Understanding which will be signed by the Board of
Selectmen and the Airport Commission for the centralization of all Airport procurements
under the Town’s Chief Procurement Officer.
Earlier this week the Town also issued a Request for Proposals for a forensic audit and
management review of the Airport. The Town will share a copy of the audit report with
the Attorney General when it is completed sometime in the early spring of 2012.
Town officials present at the meeting indicated that the town will fully cooperate with the
Attorney General’s investigation and indicated that they are fully committed to bringing
the Airport into compliance with all laws of the Commonwealth relating to procurement
and other matters.
CONTACT: Rick Atherton, Chairman/Board of Selectmen
DATE: September 14, 2011