HomeMy WebLinkAboutTGSC 02172021 Packet Information
1
MEETING POSTING
TOWN OF NANTUCKET
Pursuant to MGL Chapter 30A, § 18-25
All meeting notices and agenda must be filed and time stamped with the
Town Clerk’s Office and posted at least 48 hours prior to the meeting
(excluding Saturdays, Sundays and Holidays)
Committee/Board/s Town Government Study Committee
Day, Date, and Time Wednesday February 17, 2021 10:00 AM
Location / Address “REMOTE PARTICIPATION VIA ZOOM Pursuant to Governor Baker’s
March 12, 2020 Order Regarding Open Meeting Law (Attached); the meeting
will be aired at a later time on the Town’s Government TV YouTube Channel
https://www.youtube.com/channel/UC-sgxA1fdoxteLNzRAUHIxA”
Signature of Chair or
Authorized Person
John B. Brescher
WARNING: IF THERE IS NO QUORUM OF MEMBERS PRESENT, OR IF
MEETING POSTING IS NOT IN COMPLIANCE WITH THE OML
STATUTE, NO MEETING MAY BE HELD!
AGENDA
Please list below the topics the chair reasonably anticipates will be discussed at the meeting
TO JOIN MEETING
https://zoom.us/j/2179151123
MEETING ID:
217 915 1123
1. Call To Order
2. Approval of the Agenda
3. Public Comment
4. Approval of minutes of July 8, 2020, September 2, 2020, and November 4, 2020
5. Update from Chair re: meetings with Town Administration and Advisory Committee of Non-Voting
Taxpayers
6. Discussion on next steps for report to Town Meeting
7. Discussion: unresolved items on topics to investigate list
8. Other Business
9. Date and time of next meeting
10. Adjournment
Town Government Study Committee
Minutes of the meeting of July 8, 2020. The meeting took place via Zoom. Members of the committee present
were: John Brescher, Curtis Barnes, Rick Atherton, and Campbell Sutton, Tucker Holland.
1) Chair John Brescher called the meeting to order at 10:05 am with a quorum.
2) Agenda: Rick – Tucker. Tucker Holland moved approval of the agenda, seconded by Curtis Barnes. All
voted in favor by voice vote.
3) Minutes: Rick Atherton made a motion to approve the minutes; it was seconded by Tucker Holland.
Rick, John, Tucker, and Curtis voted in favor; Campbell abstained.
4) Public Comment: None.
5) Election of Officers: A motion was made for John Brescher for Chair and was duly seconded. All voted
in favor with a voice vote. A motion was made for Tucker Holland for Clerk and was duly seconded. All
voted in favor with a voice vote. A motion was made and duly seconded for Campbell Sutton for Vice
Chair. All voted in favor via voice vote.
6) Discussion of Select Board memo:
Chairman Brescher opened the discussion with whether or not the Committee agreed with the form and
content? Or just with the form? Or with just with the content?
Tucker Holland clarified that he thought the memo was more of an update, rather than an a report.
Campbell Sutton echoed this and asked if this was in final form or just an update.
Curtis Barnes opined that our final report should be more robust than the one drafted. Tucker
recommended a slide presentation format, which would make it more visual, more understandable,
etc… Campbell agreed and added that we should give both a report and a slideshow when presenting
final report to the SB and/or the public.
Rick Atherton asked the Chair to ask Libby and/or Lauren Goldberg to join us. Last time, Libby was
receptive.
John then asked what the next step is - do we talk about the memo or do we ask Lauren and Libby to
join us?
Tucker suggested that we continue to discuss the memo/update and then ask Libby and Lauren to join
the group.
Tucker: For Item #1: We need to add the results from the election ballot. While less meaningful
statistically, we did have the forums and we did have some participation, we have some informal voting,
and I think we need to include those results.
Tucker also spoke with Suzanne Kennedy, and she was asking about our work. We were discussing
the ballot results and there is an organization that has effectively a group of consultants with broad
experience who can assist us with the work we discussed about education/evaluation/etc… This may
be a valuable resource
Rick noted that he circulated the bylaws of other Town Charters that required the Select Board to have
a process by which the Select Board was informed about the organization and process. We are still
missing this.
John asked if we should do this as a charter change and Rick suggested that we do.
Campbell suggested to recommend what we have in the memo. And then add final recommendation to
be submitted in final report and if it requires a charter change or not.
The discussion then focused on the need to have transparency not only in the Government, but so that
a layperson could understand the transparency.
The Committee recommended revising the verbiage and voting at the next Meeting.
With respect to the Audit Committee, this was passed at 2020 Annual Town Meeting. Tucker will check
with Erika; Campbell recommended adding the Article number and body of the article to the memo.
The discussion then focused on the issues surrounding Code Enforcement.
John suggested adding this as a next to the organizational aspect of the Town – so that it is clear to the
layperson.
The Committee discussed whether or not local officials should be elected or appointed. Campbell
noted that there had not been much discussion in the year she has been on the TGSC. John noted
that we the committee did initially look at this, but we never did anything with it.
Campbell and Rick suggested continuing the discussion item and potentially including it in with #12
(Park and Rec).
7) Discussion of Future Responsibilities of Committee and topics investigated
The Committee recommended revisiting more of the discussion points in the memo in order to bring
this to the Select Board at a future meeting.
8) Other Business: None.
9) Date and Time of the Next Meeting:
The next Zoom meeting will be held on July 22, 2020 at 10:00 am.
10) Adjournment:
A motion was made by Rick and duly seconded by Curtis to adjourn at 11:11 am.
1. Adjournment
Town Government Study Committee
Minutes of the meeting of September 2, 2020. The meeting took place via Zoom. Members of
the committee present were: John Brescher, Curtis Barnes, Rick Atherton, Linda Williams, and
Tucker Holland.
1) Chair John Brescher called the meeting to order at 10:05 am with a quorum.
2) Agenda: Tucker Holland moved approval of the agenda, seconded by Linda Williams.
All voted in favor by voice vote.
3) Public Comment: None.
4) Minutes: Rick Atherton suggested we revise the ongoing workgroup language within the
minutes. A motion was made by Linda Williams and seconded by Curtis Barnes. All
voted in favor by voice-vote.
5) Finalization of memo to Select Board:
Curtis Barnes asked when we are trying to get this memorandum to the Select Board. It has
been difficult to get a hold of Town Administration and it was suggested that the Committee
request to be put under “Public Comment” if the Select Board did not schedule something.
Rick Atherton began reviewing the draft of the memorandum to the Select Board. Rick’s
suggestion for the first Paragraph was to insert the chart illustrating the various forms of Town
Government available. Tucker Holland agreed and noted that we should include a “punchline”
or some declarative statement to grab the Select Board’s attention.
Rick also added that as a result of the non-binding questions asked of the voters, the desire to
see the Committee do additional work seemed to open the window for further review of the
forms of Town Government. Linda Williams asked if the Committee thought we were at a point
where we could make a suggestion regarding the form of Town Government. The consensus
amongst the Committee members was that the Committee was not yet at that point.
Linda further suggested that rather this be a final memorandum to the Select Board, it could be
used as a status update so the Select Board could be kept up to date on what the Committee
has been doing.
John Brescher agreed with the idea of a status update to the Select Board. He then asked the
Committee how the Committee can arrive at a conclusion or declarative statement regarding the
form of Town Government. Curtis Barnes suggested asking the voters if they definitively
wanted to stay with Open Town Meeting. Rick Atherton suggested appointing a commission for
something of this scale. Both Linda Williams and Tucker Holland agreed with this approach, but
noted that in order for the response to be accurate and legitimate, further education of the public
would be needed. The Committee also noted that there is a need to have access to Town
Counsel to review the charter to make sure it complies with the latest standards in the
Massachusetts General Laws.
The Committee then reviewed other paragraphs of the memorandum.
The Second Paragraph referenced the need for code enforcement and the Committee did not
have any comments regarding the way this was written.
For the Third Paragraph referenced the proposed changes to the audit committee, the
Committee suggested that text be added to the addendum, which is the warrant article
submitted by the Town.
For the Fourth Paragraph, which involved the discussions regarding the Historic District
Commission, the Committee had no suggestions.
For the Fifth Paragraph, the role of the Town Government Study Committee, the discussion
centered around what the Select Board was asking for. The sense from the Committee was
that if the Select Board deems a separate Government Review Committee appropriate, they are
empowered to create it. The Committee recommended adding a note that during the course of
our meetings, many people have been curious and had concerns about the daily functioning of
government and many of these concerns could be addressed through internal operations in
Town Administration and the Select Board.
The discussion of the Committee regarding the establishment of a Licensing Committee
mimicked the discussion of the Town Government Study Committee in that this would be
something Town Administration or the Select Board could be empowered to do.
The paragraph for the Parking District Commission discussion noted that the Committee should
obtain a copy of the Town Meeting Warrant Article discussing this proposal and attaching it to
the addendum.
The Parks and Recreation Department discussion focused on cleaning up the formatting of the
text, as well as a broader discussion regarding the uncertainty of this department. The
Committee agreed to “clean-up” the text and await more clarity from Annual Town Meeting and
Town Counsel.
Rick Atherton suggested that for the paragraph regarding a Town Ombudsman or the
establishment of a Dispute Committee, the Committee note that we had already opined on this
matter and have sent a letter to the Select Board and Town Meeting moderator.
With respect to the paragraph regarding the Airport’s proposed warrant article, Rick Atherton
noted that he had spoken with Tom Rafter and the article had passed at June’s Annual Town
Meeting and a home rule petition was submitted to the State to delegate the authority to the
Select Board to approve capital projects. The suggestion for the Committee was to attach the
home rule petition and warrant article to the memorandum.
6. Discussion of Future Responsibilities of Committee and topics investigated The next task for the Committee is to compile the edits to the memorandum and review again at their next meeting. 7. Other Business None. 8. Date and time of next meeting
The next meeting is scheduled for September 16, 2020 at 10:00 am via Zoom.
9. Adjournment
A motion was made by Linda Williams and duly seconded by Tucker Holland to adjourn
at 11:10 am.
Respectfully Submitted,
John B. Brescher, Chair
Town Government Study Committee
Minutes of the meeting of November 4, 2020. The meeting took place via Zoom. Members of
the committee present were: John Brescher, Rick Atherton, Linda Williams, and Tucker Holland.
1) Chair John Brescher called the meeting to order at 10:05 am with a quorum.
2) Agenda: Tucker Holland moved approval of the agenda, seconded by Linda Williams.
All voted in favor by voice vote.
3) Public Comment: None.
4) Minutes: The meetings of July 8, 2020 and September 2, 2020 were not voted on and
the Board held them over for further review.
5) Finalization of memo to Select Board:
The Committee discussed the final edits to the memo to the Select Board. It was recommended
that the final paragraph be revised so as to emphasize what we’re looking at. The Committee
also recommended making sure a legend and chart be attached to the memorandum.
For the presentation to the Select Board, it was also suggested that the Committee discuss the
memorandum and further discuss what the Committee plans on working on before Annual Town
Meeting. This should include reference to the Charter Review and discussion regarding the
various types of Government that are available for a Town of Nantucket’s size.
A motion was made by Linda Williams and duly seconded by Tucker Holland to approve the
memorandum as drafted with the changes discussed by the Committee. The vote was 4-0 in
favor by roll call vote.
Campbell Sutton brought up the Parks and Recreation department discussion again. Some
suggestions were to determine if the 2007 document controls and determine if a warrant article
should be drafted.
6) Other Business: Campbell Sutton suggested looking at the results of the non-binding
poll. And it was suggested John Brescher reach out to Lauren Goldberg and Libby
Gibson re: a review of the charter.
7) Date and Time of the Next Meeting:
The Chair agreed to send out an email asking about the next meeting in 2021.
8) Adjournment:
A motion was made by Linda Williams and duly seconded by Rick Atherton to adjourn at
10:42 am.
Respectfully Submitted,
John B. Brescher, Chair
To: Town Government Study Committee
From: John B. Brescher
Date: November 4, 2020
Re: Report to Select Board
Dear Members of the Select Board:
Over the past three years, the Town Government Study Committee has been meeting on a
monthly or bi-monthly basis on the charge of analyzing the role and efficacy of the form of Town Government for the Town and County of Nantucket.
During this time, the Committee has met with various members of the public, employees and staff of the Town of Nantucket, as well as elected officials to receive their feedback and opinion
on the form and function of the Town Government.
While the Committee was on track to deliver a report at the 2020 Annual Town Meeting, the COVID-19 pandemic and its impacts sidetracked the Committee’s mission. Nonetheless, as we approach three years of activity on this Committee, the Committee thought it prudent to update the Select Board on what the Committee has done and the role of the Committee moving
forward:
Items Reviewed:
1. The Basic Form of Government in Nantucket:
The Committee reviewed the basic form of government in Nantucket, Open Town Meeting, and sought to identify any problems or concerns and ways to improve the
function of Government.
The Committee, without making any determination, reviewed the types of government available in the Commonwealth of Massachusetts: Town Council with Mayor or Town Manager, Representative with Town Manager, Town Meeting with Town Manager. An informational sheet that was circulated at our Public Forums is attached hereto for
reference. These sheets discuss, in great detail, the four types of government that are considered which are: Open Town Meeting, Representative Town Meeting, Town Council, and a Mayoral form of government. This information is attached as Exhibit A along with this memorandum.
Furthermore, the Committee gathered an unofficial ad hoc poll from the citizens who attended the public forums and the results are attached as well. (EXPLANATION FOR WHAT THE DOTS MEAN) The Committee also requested two non-binding ballot questions for the 2020 election relative to the satisfaction of the electorate with the form
of Town Government and the role of the Town Government Study Committee relative to investigating the topic further. Those results are attached as Exhibit B
Some of the factors and considerations the Committee reviewed while looking at these forms of Government were:
• Ease of decision-making;
• The potentially challenging degree of difficulty determining the election process for Representative Town Meeting;
• Which forms potentially removed citizens from participation;
• The requirements for ballot approval of overrides and debt exclusions;
• The realities of needing quorums at Annual and Special Town Meetings;
• The number of signatures for open town meeting articles;
• The length of presentations at Annual or Special Town Meetings; and,
• The time of any town meeting (e.g., summer v. winter). While the Committee has taken the time to research these forms of Government, they have not
yet arrived at a conclusion as to whether or not the Town of Nantucket needs to change their
form of Government and, to that end, what that change would look like. A change of that significance would require a great deal of public support, education, and careful consideration and planning. The form of Government is a passionate topic for voters and this Committee is cognizant of that fact. Because of this, the Committee can safely say that any change to the form
of Town Government would need to be carefully analyzed and properly vetted before it could be
effectuated. 2. Organization of Local Government and Code Enforcement:
The Committee also reviewed the organization of Nantucket’s government. This
included not only the mechanics of the interactions between the various departments within the Town of Nantucket, but also the common questions and concerns the average citizen faces when interacting with municipal agencies. The Committee concluded that it would be advantageous for the public and local officials to have access to a comprehensive organizational chart to be displayed on the Town’s website and perhaps
be made available in hard-copy. This, in turn, would help eliminate confusion with respect to which department has jurisdiction over a particular issue in order for a layperson or average citizen to know where best to address their issue or complaint Also, such a chart could be especially important to better understand the roles and responsibilities of the various municipal and administrative offices and branches within
the Town of Nantucket. This organization should also include a comprehensive, but plain-spoken guide for citizens to understand the code enforcement process and which office or branch has jurisdiction over the matter. 3. Examine the Audit Committee:
After discussions with the Finance Director and the Chair of the Finance Committee, the Town Government Study Committee submitted a warrant article relative to updating the
audit committee. Article #96 was approved at the 2020 Annual Town Meeting. This Article is attached as Exhibit C to this memorandum.
4. Historic District Commission Charter: The Committee suggests having a more comprehensive amendment to the Historic District Commission Charter to better address any inconsistencies and mechanisms for
appeal. However, the Committee is not empowered within our scope and mission to
review this matter. Any future revisions, which the Committee would suggest investigating, should be further developed by other entities. 5. Establishment of a Licensing Commission or Board:
The Committee heard from members of the public and the Select Board regarding the licensing duties of the Select Board. It seemed prudent to the Committee that if the Select Board deems it appropriate, the Select Board is empowered to create its own Licensing Commission/Board. This could be done administratively and would not need
any type of charter amendment. This type of Commission/Board would be a step in
lessening the amount of time the Select Board spends on certain issues. The establishment of this Commission/Board is also within the purview of the Select Board and Town Administration.
6. Parking Commission:
The Committee heard from members of the public and the Select Board regarding the need for a Parking Commission. A separate Parking Commission has been addressed by the Select Board and by warrant article 66 at the 2018 Annual Town Meeting. Said
article is attached hereto as Exhibit D.
7. Establishment of a Sewer Commission: Similar to the Licensing Board or Commission, in the event the Select Board wants to set
up a Sewer Commission, further due diligence should be done to better understand the
roles and responsibilities of the tasks necessary to accomplish this mission. The Committee, while potentially supportive of this concept, is wary of the unintended consequences that may be created by creating such a Commission.
8. Review of Airport Warrant Article:
This article allowing the Airport to delegate authority to the Select Board in order to approve capital projects was approved at the 2020 Annual Town Meeting. A copy of the Warrant Article and Home Rule Petition is attached as Exhibit E.
9. Revisions to the Parks and Recreation Commission:
In the spring of 2019, the Town Government Study Committee began looking into issues relating to the Park and Recreation Department/Commission as it had received complaints/negative
comments from members of the public relating to the condition of the parks, the confusion as to
who was overseeing what, and that the commission had not met meet in over a year. The question arose “what happened to it”? Over the summer of 2019, the Town Government Study Committee reviewed documents relating
to the formation of the commission (under MGL chap. 45, Nantucket’s ACT of 1987 chap. 459,
ACT of 1965 chap. 169) and the power of appointments to said Parks and Recreation Commission (under MGL chap.45, Nantucket’s town charter sections 3.4 a3, 4.3 a&b, 4.4 a&b, 4.8, 4.9, and 2007 ATM warrants 44 &51). Many anomalies and contradictions were found in both the formation of and the power to appoint within the Town’s Charter. In the fall, the Town
Government Study Committee’s concerns were communicated to the Town Manager and Town
Counsel (through Lauren F. Goldberg, Esq.). It was agreed that Town Counsel would look into these issues since the Charter was already under review for such anomalies. Also, a citizen’s article calling for the hiring of a Parks and Recreation Department Head had been submitted for 2020 Annual Town Meeting. In January 2020, the Town Government Study Committee voted to
see what the outcome of the citizens article was at the 2020 Annual Town Meeting before
moving ahead with a recommendation. That article was called and will be voted on at the next Annual Town Meeting. The Committee has not heard back from Town Counsel relative to amendments to the Charter as it relates to this issue.
10. The creation of a Town Ombudsman to settle disputes:
After a lengthy review of this issue with members of the public and Town Counsel, the Committee concluded that it was not feasible from a legal standpoint to create an ombudsman or a position that could settle disputes between citizens and the Town. There are
already legal mechanisms in place to resolve such disputes and having a position like this
would erode the checks-and-balances in place. The Town Government Study Committee voted to communicate this recommendation and send a letter to the Town Moderator and Town Manager. The letter was dated October 30, 2019 and sent via email.
11. The Town Government Study Committee:
After discussing the role of the Town Government Study Committee with former members of the Committee, as well as its current members, the Committee suggested potentially amending terms of the existing Committee to three (3)-year staggered terms. It may also be prudent for the Select Board and Town Administration to establish an internal review
committee, separate from the Town Government Study Committee that could review some of
the day-to-day operations within the Town that fall outside the purview of the Town Government Study Committee. The Select Board and Town Administration is empowered to establish a standing committee and, in the event they do so, revising the role of the Town Government Study Committee in Article V of the charter may be prudent.
Conclusion:
As the Committee prepares its final report for Town Meeting, there are some concerns that
have become apparent after discussions with members of the public, Town employees, and public officials. Some of these concerns are within our purview; some are not. We have reviewed those and have made recommendations that may be implemented. The largest concern, however, involves the efficacy of Open Town Meeting and if the Town of
Nantucket should change its form of Government. This, in the Committee’s opinion, is one
of the most fundamentally important facets of Government and to jump to a conclusion would be foolish. One of the key observations the Committee has witnessed over the past three years is the importance of civic education. Any decision should be made by an electorate that is informed and educated about the benefits, consequences, and mechanics of
any change in the form of Government. Although this is certainly an issue that demands
attention, the Committee is cognizant that an informed electorate should make a decision and it should not be rushed without being further vetted.
Draft of: September 10, 2019
Town Government Study Committee status. Policy or charter topics to further investigate:
Basic Form of Government: What specifically is not working now? This will help identify ways to deal with the problems or concerns.
Town Council with Mayor or Town Manager, Representative with Town Manager, Town
Meeting with Town Manager Considerations: Ease of decision making, cumbersome election process for representative, further removed from citizen participation, requirements for ballot approval of overrides and debt exclusions, quorums at annual and special, number of signatures for TM articles, length of presentations
at ATM or STM, time of any town meeting such as summer/winter, Organization Develop an Org Chart with a clear explanation of roles and responsibilities of the Planning
Board/NPEDC/how these boards relate to Town Admin and Board of Selectmen (Check with Town Admin). See Plus Organizational Chart (10-21-14). See charter provisions on organization in Dedham. Audit
Examine the structure of the audit committee (Check with Town Admin). See memo on other towns. Code enforcement Who has responsibility for enforcement? Is it in job descriptions?
Election/appointment of committees See other towns. Many different configurations Specifically how many PB alternates and how appointed/elected Can the non-voting taxpayers have additional input. See section 2.6 of Charter.
HDC charter Can we opine? Appeal to BOS or superior court Town Government Study Committee Why? Is role clear enough to be a charter requirement/ Licensing Commission Establish a licensing commission? See Groton and need to fine one with a separate authority.
Establishment of Parking Commission?
To be separate from SB?
Establishment of Sewer Commission?
How better integrate Wannacomet and Airport operations with Town Salary grades and union contracts for equity across the board.
Review role and charter provisions for the Park and Recreation Commission.
The Committee received a number of comments from the former Chair of the Commission and some follow up would be appropriate. Study the value of some kind of ombudsman or position to review issues that citizens feel
the Town has not acted on properly.
Ask Town Counsel for examples or possible ways to deal with unresolved disputes. Review the Airport statue as an enterprise fund and the ramifications. Also, if a TM vote cannot take place timely how can that affect filing for FAA grants? From Dan Drake at PH on
7/31/19.
Other matters:
Should the TGSC also review By-laws?
Continue the active review of committee mission statements on a regular basis (Check with Town Admin).
Continue to review the process and procedures for making appointments to boards/commissions
(Check with Town Admin). Should there be a residency requirement? Maintain a list of interested citizen volunteers for appointments to Boards and Commissions (check with Town Admin).
Determine if the Town should hire a full-time or part-time grant writer. Utilize professional representative to seek state and federal funding.
Coordinate and clarify the permitting process for building, planning, ConCom, HDC, licenses,
zoning etc. Check with other towns/municipalities re: standards for eminent domain takings.
Separation of powers/roles/responsibilities for the Board of Selectmen and Town Manager.
Future schedule:
Public Hearings (two held: July 31, 20019 and August 14, 2019)
Other department heads? How to proceed to make decisions? Write report
List of members of the public who spoke at a TGSC meeting:
Chery Emery
List of Town officials who spoke at a TGSC meeting: Andrew Vorce