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HomeMy WebLinkAboutTGSC_03162021_ Packet1 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 Tuesday March 16, 2021 9:00 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 February 17, 2021 5. Update from Chair re: discussion with public re: NPEDC and update on action items 6. Discussion: unresolved items on topics to investigate list a. Review of other charters to see examples of organization of Government in charter; b. Update on information re: what other towns do for non-voting taxpayers 7. Other Business 8. Date and time of next meeting 9. Adjournment Town Government Study Committee Minutes of the meeting of February 17, 2021. 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) Meeting Minutes: A motion was made by Campbell Sutton to approve the minutes for the meetings held on July 8, 2020, September 2, 2020, and November 4, 2020. The motion was seconded by Rick Atherton and all voted in favor by voice vote. 5) Chair Update re: meetings with Town Administration and Advisory Committee of Non- Voting Taxpayers. John Brescher discussed the potential for remote participation with open Town Meeting and informed the Committee that he would be attending a zoom webinar to discuss this. John also discussed his conversation with the Advisory Committee of Non-Voting Taxpayers (“ACNVT”) that was held the prior week. The ACNVT expressed their frustration with a myriad of topics, not the least of which was their lack of representation at Town Meeting. John offered to discuss this issue with some of his contacts at the state level to see what other municipalities do. The ACNVT also expressed interest in continuing to meet remotely via Zoom once the state of emergency has subsided. Linda Williams noted that in her opinion, she thought they were frustrated by some of the zoning articles or the lack of adoption of some of the zoning articles. Campbell Sutton added that she thought it was more of a difference between the mentalities of modern amenities versus what infrastructure the Town has in place currently. Tucker Holland added that we suspect they would like more than one person to be able to represent them at Town Meeting. Also, they would like to see more of the appropriation articles and ballot questions approved. Campbell suggested we reach out to other Towns to see what they do. Rick Atherton added that this concern has been around for a number of years and will likely continue. Perhaps a solution would be to add another speaker to Town Meeting. The discussion concluded with John offering to reach out to contacts on the Cape to see what other communities with a large seasonal population are able to do. John Brescher also updated the Committee on his discussions with Town Manager Libby Gibson. First, Town Counsel will be reviewing the charter to make sure it is updated and complies with all state laws. Rick suggested, in particular, we focus Town Counsel’s review on the Parks and Recreation section. John added that he believes the Parks and Recreation section will be revamped and somehow melded with the Community School. While this may still be a nascent concept, it resulted in spirited debate from the Committee. John also added that he is hoping that Libby will talk to some contacts at Suffolk University to have some students work on a report about Town Meeting. Campbell Sutton noted that she would prefer that this type of report and education be more of a grassroots effort than from an outside source. 6) Discussion of next steps for report to Town Meeting. John Brescher opened the discussion to the Board about the next steps to get ready for the Town Meeting report. Campbell Sutton noted that we should add the suggestion that the Town prepare better flow- charts for organizational structure and for complaints. Rick Atherton noted that we seem to focus on the Select Board to act because they have issues of concern. He added that Charters in other Towns mandate Town Administration to submit reports or charts as part of the Charter. Campbell Sutton suggested the Committee review the topics we have looked at and determine if we need to review more: Basic Form of Government – do more Organization and Flow Charts – do more Audit Committee – all set Code enforcement – may need more Election – check other towns HDC – done TGSC – maybe review Licensing – SB purview Parking Commission – done Sewer commission – unintended consequences Wannacomet/Airport – I don’t think we should touch this… Park & Rec – ongoing Ombudsman – done Airport Statute – done Non-voting taxpayers – will review It was suggested that John and Campbell coordinate to see which of these topics the Committee will investigate next meeting. 7) Other Business: None. 8) Date and Time of the Next Meeting: March 10th – 9:00 am. 9) Adjournment: A motion was made by Linda Williams and duly seconded by Rick Atherton to adjourn at 11:22 am. Respectfully Submitted, John B. Brescher, Chair The Nantucket Planning and Economic Development Commission was founded in 1973 by a special act. This document sets forth the mission, composition, and powers of the NP&EDC, and a comparison to neighboring the Cape Cod Commission and Martha’s Vineyard Commission. The question at hand is could the NP&EDC be reformed and improved. Areas for improvement are: • Governance and accountability • Update mission to support balanced growth, the environment, and quality of life • Align mission and powers with our neighboring Regional Planning Authorities: The Cape Cod Commission and Martha’s Vineyard Commission This briefing document is organized in two parts: • Part I: Mission, responsibilities and powers of the NP&EDC including: • Characteristics • Past governance recommendations • Part II: How does the NP&EDC compare to neighboring Planning Commissions? Part I Mission, Responsibilities, and Powers of the NP&EDC The Nantucket Planning and Economic Development Commission (NP&EDC or the Commission) was established in 1973 by a Special Act. Since 1978, the Commission has been responsible for comprehensive planning on Nantucket (Source: 2019 Novak Consulting Group report on PLUS). The Commission’s mission is: • To plan for the orderly and coordinated development and protection of the physical, social and economic resources of the Island of Nantucket. While the Planning Board is responsible for regulatory approvals as well as proposing, administering, and enforcing zoning matters, the Planning Commission is responsible for longer range plans and looking after the “physical, social and economic development of [Nantucket].” (source: The Special Act) • The Commission makes recommendations to the responsible county and town agencies. The Commission has one regulatory power, which is to identify and permit Developments of Regional Economic Impact. This is accomplished through issuing, at its discretion, a “Development of Regional Economic Impact Permit. (DREIP).” The DREIP is in addition to zoning and MCD permits. • The NPEDC also operates as Nantucket’s Regional Planning Agency (RPA). Currently, there are 13 RPAs in the Commonwealth. The NP&EDC is the only RPA in the Commonwealth that serves a town, a county, an island, and a region. • Since its creation, the NP&EDC has been responsible for the appointment and oversight of the Director of Planning through an employment agreement (this is not a requirement of the Special Act). Membership and Appointment The NPEDC consists of 11 members: • The five members of the Planning Board • One representative from the Nantucket Housing Authority • One representative of the County Commissioners of Nantucket County • One representative of the Conservation Commission • Three at-large members with staggered terms, appointed by the NP&EDC. Prior to 2017, the NPEDC had 12 members, with the 12th being the Director of the DPW. This seat was removed via a revision to the Special Act, adopted at Town Meeting. Funding The Commission appropriates funds from the Treasury of the Town of Nantucket. The RPA designation allows Nantucket to access state and federal grants to fund transportation, transit, economic development, and planning. Programs include 3C Transportation Planning Activities, Highway Safety Improvement Program, District Local Technical Assistance, the annual Transportation Improvement Program (TIP) funds (awarded based on a five-year listing of Federal and State Highway and Transit projects), CARES act funds, and other development funds. Governance and Past Recommendations The NPEDC is responsible for the Town’s planning efforts, but the ultimate decision-making authority for the Town and County rests with the Select Board. The Novak Consulting Group reviewed PLUS in 2019, and observed a natural tension as to who is responsible for establishing a vision or directing the Town’s planning activity and staff. The Novak Group observed that the Town has grown and evolved its government structure over the past nearly 50 years – principally by creating and then expanding the role of Town Manager and defined its executive functions. The 2007 amendment to the Town Charter further consolidated the ZBA, Historical Commission, Historic District Commission, Conservation Commission, and Planning Board as part of Town Administration. Importantly, the NP&EDC is neither elected by the people nor appointed by the Select Board. The Novak Group recommended the Town consider an alternative structure for its RPA: … As the Town’s population and economic and environmental landscape change, it may be appropriate to evaluate the following: (1) whether the NPEDC is the appropriate agency to serve as the RPA for Nantucket; and (2) should it have hiring authority and determine conditions of employment for employees who report to Town Administration…An alternative structure for the RPA could provide both efficiencies and clarity within PLUS by consolidating Planning functions under a single Board and, subsequently, reducing the number of Boards and Commissions and the amount of time spent providing administrative and staff support. (May 2019 report on PLUS) The Novak Group did not make a specific recommendation about where the RPA should live nor did they recommend elimination of the NP&EDC. Part II How does the Nantucket Planning & Economic Development Commission compare to neighboring Planning Commissions? The Nantucket Planning Commission differs from The Cape Cod Commission and Martha’s Vineyard Commission in three important ways: • Composition • Mission • Powers Composition • Nantucket is the only Regional Planning Commission that is comprised of only one town. It has 11 Commissioners: o All five members of the Planning Board (elected by the voters) o One representative from the Nantucket Housing Authority o One representative of the County Commissioners of Nantucket County o One representative of the Conservation Commission o Three at-large members with staggered terms, appointed by the NP&EDC. • The Cape Cod Commission (Barnstable County) has 19 Commissioners: o 15 members, one each appointed by the Select Board of each of 15 towns o One county commissioner appointed by the board of the county commissioners o One Native American appointed by the board of county commissioners o one minority appointed by the board of county commissioners o one minority appointed by the governor, serving in an advisory role only o The 18 voting members each have one vote • Martha’s Vineyard (Dukes County) has 21 Commissioners o One Selectman or a resident registered to vote from each town, appointed by the board of selectmen from that town o Nine persons elected at large island wide, provided that there shall not be less than one person nor more than two persons elected from each town on Martha's Vineyard o One county commissioner or designee of the board of county commissioners o one member of the cabinet, or his designee, appointed by the governor; o four persons whose principal residence is not Martha's Vineyard to be appointed by the governor, said persons to have a voice but not vote in deciding matters before the commission. Observations Nantucket is unique in several ways: o Neighboring Commissions do not include members of Planning Boards, unless as designees of the select boards. o Nantucket has no advisory appointees and no governor’s appointee o sitting members of the NP&EDC appoint the at-large members. In other counties, the select boards of towns have right of appointment. o Nantucket gives a right of appointment to the conservation commission and the housing authority. Other commissions give the right of appointment to the select boards, or in the case of MV, 9 commissioners are elected. Mission The Martha’s Vineyard Commission Act says: • The purpose of the commission created by this act shall be to further protect the health, safety and general welfare of island residents and visitors by preserving and conserving for the enjoyment of present and future generations the unique natural, historical, ecological, scientific, and cultural values of Martha's Vineyard which contribute to public enjoyment, inspiration and scientific study, by protecting these values from development and uses which would impair them, and by promoting the enhancement of sound local economies. The Cape Cod Commission Act says: • The purpose of the Cape Cod commission shall be to further: the conservation and preservation of natural undeveloped areas, wildlife, flora and habitats for endangered species; the preservation of coastal resources including aquaculture; the protection of groundwater, surface water and ocean water quality, as well as the other natural resources of Cape Cod; balanced economic growth; the provision of adequate capital facilities, including transportation, water supply, and solid, sanitary and hazardous waste disposal facilities; the coordination of the provision of adequate capital facilities with the achievement of other goals; the development of an adequate supply of fair affordable housing; and the preservation of historical, cultural, archaeological, architectural, and recreational values. The Nantucket Planning & Economic Development Commission Act says: • In order to plan for the orderly and coordinated development and protection of the physical, social and economic resources of the Island of Nantucket, there is hereby established the Nantucket Planning and Economic Development Commission. The Commission shall be responsible for the preparation of comprehensive plans for the physical, social and economic development of said county and town and shall make recommendations for action to implement said plans to the responsible county and town agencies. Observations The CCC and MVC specifically seek balanced and/or sustainable growth, specifically plan for protection of the environment and environmental resources, cultural resources, and quality of life. The CCC also highlights planning for affordable housing. Powers The Cape Cod and Martha’s Vineyard Commission are both RPAs which, like Nantucket, create transportation plans, apply for transportation and development grants, administer TIP funds, and create a variety of plans (development, housing, etc) for the region. • All three commissions have the ability to identify, designate, and regulate Developments of Regional Impact (Nantucket calls these DREIs) but differ in how they define these. • The MV and CC Commissions have an additional power, which is to designate and regulate Districts of Critical Planning Concern (DCPC). This power is granted by the Commonwealth because of fragile regional environments or extraordinary cultural landscapes and historic towns. • DCPCs are used by the CCC and MVC to guide growth • DCPCs allow CCC and MVC to ban fertilizer use outright (Nantucket does not have the ability to ban fertilizer use). • DCPCs allow the Commissions to pause development while necessary planning tools that address critical concerns are implemented. If zoning or other regulatory changes are adopted, these override pre-existing unexercised grandfathered rights. Observations The powers granted by the Commonwealth to the CCC and MVC are unique among RPAs in the state and allows. Because Nantucket has only one town, it does not need to coordinate among multiple towns’ zoning and permitting laws. Nonetheless, there are attractive elements to the ability to designate DCPCs. Resources and References https://www.mvcommission.org/dcpcs https://www.capecodcommission.org/about-us/ccc-act https://ecode360.com/15338757 https://www.nantucket-ma.gov/306/Planning-Economic-Development-Commission https://www.nantucket-ma.gov/DocumentCenter/View/29539/Nantucket-PLUS-Study---Project-Report--- Revised1?bidId= Introduction Technical Impediments to Remote Participation Legal Impediments to Remote Participation Next Steps 1 Agenda Wayland Open Town Meeting ~10,000 registered voters Began on-premises electronic voting in 2011 ◦Annual Town Meeting averages 600 voters ◦Town Elections average 2100 voters Objectives: speed, accuracy, and privacy Security ◦All messages are encrypted ◦Nothing is connected to the Internet ◦Moderator can initiate a real-time audit Results ◦Voters make decisions on the merits, without concern for consequences from family, friends, neighbors, co-workers, employees, or employers ◦Town Meeting is more relaxed, deliberate, and methodical; decisions made in this environment are better, to the benefit of every Wayland resident ◦Annual Town Meetings are shortened by an average of 3 hours 2 Why Enable Remote Participation? Some residents can’t or won’t obtain childcare on school nights Some residents must rise early for work the following morning Some residents don’t drive at night Some residents have commitments on weekends For years, Wayland residents have been asking “We can shop and bank via the Internet, why can’t we participate in Town Meeting via the Internet?” Remote Participation will increase participation in Town Meeting 3 Technical Impediments to Remote Participation How to make remote participation simple? How to detect a widespread Internet outage? How to secure votes cast via the Internet? How to detect and deter proxy voting (one person casting votes on behalf of another)? 4 5 How to Make Remote Participation Simple? Each remote participant uses their own smartphone or tablet ◦Desktop computers are not appliances ◦Desktop computers may not have a microphone and video camera ◦Sharing devices would create time pressure when voting Remote participation only requires logging in to a web page ◦Downloading and installing an application is not required ◦Same URL for everyone ◦One button for each activity Check In (using voter code and password issued by Town Clerk) Request to Speak Vote Audit Obtain Help Check Out 6 How to Make Remote Participation Simple? Article 11 Main Motion Discussion Speak Audit Help! Leave 7 How to Make Remote Participation Simple? Article 11 Main Motion VOTE Speak Audit Help! Leave Yes No Abstain 30 seconds remaining Your Vote? 8 How to Make Remote Participation Simple? Article 11 Main Motion VOTE Speak Audit Help! Leave Yes No Abstain 16 seconds remaining You Voted Yes 9 How to Detect a Widespread Internet Outage? Causes of widespread outages ◦Power failure ◦Internet Service Provider failure (e.g. Comcast, Verizon) ◦Denial-of-Service attack by an adversary Alternatives ◦Require participation in every vote ◦Design the remote participation web page to send an “I’m alive” message to the voting system at frequent intervals Yes No Abstain 10 How to Secure Votes Cast via the Internet? Encrypt all messages After each vote, display each vote received on a public web page, and enable voters to report discrepancies Report Discrepancy 11 How to Detect and Deter Proxy Voting? Why? ◦Wayland voters were concerned that on-premises Electronic Voting would enable proxy voting from Town Meeting floor ◦Remote participation enables proxy voting on a broader scale, e.g. hundreds of “borrowed” devices used to pass a re-zoning Article To deter proxy voting, petition the Massachusetts Legislature to make it illegal To detect proxy voting, use each voter’s smartphone or tablet to perform 3-dimensional facial recognition ◦When checking in to a Town Meeting Session ◦Randomly throughout each Session Why Facial Recognition? Suppliers are tested by the National Institute of Standards and Technology (NIST) ◦Accuracy: 99.95% ◦To authenticate, users move their device from an arms-length away to 1 foot away from their face, guided by an on-screen oval ◦The resulting 3D facial model is much less subject to race/gender/age bias than the 2D matching algorithms used for law enforcement Alternative authentication techniques fall short ◦GPS is impeded by metal roofs and beams, and can’t prevent proxy voting by multiple residents of a home or occupants of an office ◦Manual verification via participant-to-staff video would require too many staff members to verify significant numbers of remote participants Failures can be resolved by participant-to-staff video Privacy can be protected ◦Biometric data can be maintained on air-gapped storage except during Town Meeting Sessions ◦Biometric data can be expunged after the last Town Meeting Session 12 13 Voters Friction-free user experience Deter Proxy Voting •3-dimensional face recognition detects proxies •Legal Consequences discourage attempts Internet Voting System Vote Tampering Adversary - All messages are encrypted - Realtime Audit detects changed votes - If detected, revert to “on premises” Disruptive Adversary - Participation Monitoring detects attacks - If detected, revert to “on premises” Technical Solutions for Remote Participation Remote participation in Open Town Meeting is not legal ◦Remote participation in Representative Town Meeting has been made legal ◦State Senator Rausch is drafting a Bill to legalize remote participation in Open Town Meeting during the Covid-19 Emergency ◦Wayland’s Board of Selectmen proposes to petition the Legislature to permanently legalize remote participation in Open Town Meeting Proxy voting in Open Town Meeting is not explicitly illegal ◦Wayland’s Board of Selectmen proposes to petition the Legislature make proxy voting a misdemeanor 14 Legal Impediments to Remote Participation Identify towns interested in remote participation Identify voting system providers interested in supporting remote participation ◦Option Technologies has reviewed preliminary requirements Engage with the Massachusetts Moderators Association Engage with the Massachusetts Town Clerks Association Petition the Massachusetts Legislature to ◦permanently legalize remote participation in Open Town Meeting ◦make proxy voting a misdemeanor 15 Next Steps Introduction Technical Impediments to Remote Participation Legal Impediments to Remote Participation Next Steps 16 Agenda