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BOS Minutes August 3, 2005
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BOARD OF SELECTMEN
Minutes of the Meeting of 3 August 2005 at 7:00 PM. The meeting took place in the Court Room, Town and County
Building, Nantucket, MA 02554. Members of the Board present were Douglas Bennett, Whiting Willauer, Bruce
Watts, Michael Glowacki and Brian Chadwick. Chairman Glowacki called the meeting to order at 7:40 PM following
a meeting of the Board of Health.
Announcements
Brian Chadwick acknowledged dedication of a bench in Sconset to honor the late Isky Santos, former selectman.
Chairman Glowacki announced a Mosquito Forum to be held August 6, 2005 from 9:30 AM to 3 PM at the high
school (changed from the UMASS Field Station). Sponsored by the Madaket Conservation Association, this free
symposium is open to all residents interested in mosquito control and open marsh management.
Public Comment
Wannacomet Water department manager Bob Gardner spoke on the recent increased water demand and
requested voluntary limits on watering systems to maintain fire reserves and water pressure, noting that the dry
spell warrants alternate day watering for the next 2-3 weeks.
Nantucket resident Steve Bender posed questions about grey water discharge in the harbor, the Boat Basin's
position about same and the harbormaster's right to inspect all boats. Mr. Bennett moved to grant authority to
Harbormaster Dave Fronzuto to board all vessels docked at private property for inspections. Mr. Fronzuto indicated
that the Boat Basin, being private property, might be better approached via a request for more coordination to allow
such inspections. He suggested Town Administration forward a letter to the Boat Basin to raise awareness as being
a good first step. Some discussion followed about the matter of public comment and the Board's stated position of
not taking immediate action on public comment; the Board's legal ability to grant authority to Mr. Fronzuto as
presented; and the possibility of boarding to inspect boats via water access. It was agreed that Town Administration
will pursue the matter further.
Howard Blittman introduced himself as the new chairman of the Advisory Committee of Non-Voting Taxpayers.
Approval of Minutes of 21 July 2005 at 4:00 PM; 20 July 2005 at 7:00 PM; 6 July 2005 at 7:00 PM. The
Board unanimously approved the minutes of 6 July 2005 at 7:00 PM. The Board unanimously approved the
minutes of 20 July 2005 at 7:00 PM as amended. The Board postponed approval of the minutes of 21 July
2005 at 4:00 PM due to Mr. Willauer's question about the status of an HOC appeal noted in those minutes.
Approval of Payroll Warrant for Weeks Ending 24 July 2005 and 31 July 2005. The Board unanimously approved
the payroll warrants.
Approval of Treasury Warrant and Pending Contracts for Week Ending 3 August 2005. The Board
unanimously approved the treasury warrant and pending contracts.
Public Hearing to Consider Amending the Town's Regulations for Use of Town-Owned Beaches to Include the
Regulation of Kiteboarding (continued from 21 July 2005). Marine SuperintendenVHarbormaster Fronzuto gave a
brief review of activity since the original public hearing of July 21, 2005, noting that he had met with kiteboarders
and Nantucket resident Lawrence Mannix regarding restrictions at Pocomo. He stated his recommended approval
of three of four restrictions, not to include setting of time limits. Chairman Glowacki clarified that the first matter
before the Board was to address the amendments to the regulations, after which restrictions specific to Pocomo
might be taken up. Kiteboarder PJ Rubin questioned the legality of Item 8, which would give the Board authority to
place restrictions on private property; Chairman Glowacki clarified that Town Counsel had provided required
background to support this. After Board deliberation on protecting public safety, Chairman Glowacki closed the
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BOS Minutes August 3, 2005
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Public Hearing. Mr. Watts moved to adopt the amended regulations as provided by Town Counsel. Mr. Bennett
seconded and then requested an amendment to approve Items 1-7, and to exclude Item 8. Mr. Bennett and Mr.
Willauer voted for the amended motion; Mr. Chadwick, Mr. Watts and Chairman Glowacki voted against.. Chairman
Glowacki requested a vote on the original motion and Mr. Bennett and Mr. Willauer voted against it; Mr. Chadwick,
Mr. Watts and Chairman Glowacki voted in support of the motion. So voted. On Chairman Glowacki's invitation
regarding discussion of Pocomo restrictions, discussion followed from Mr. Fronzuto who again recommended
adoption of Items 2-4, excluding time limits while Mr. Mannix spoke in support of keeping all four items. Board
discussion followed on specific points and the ability to revisit restrictions as needed in the future. Mr. Bennett
moved to approve restrictions 2-4, amending the 4th to indicate the correct reference numbers. Mr. Willauer
seconded. So voted unanimously.
TOWN ADMINISTRATOR'S REPORT
FY 2007 Budget Projections: Terminology and Process.
Town Administrator Libby Gibson and Finance Director Connie Voges gave an FY 2007 Budget Presentation for
informational and educational purposes, which included the following:
" What revenues / expenses are composed of
" Assumptions now and what to expect in September
" How the Free Cash Use Policy and Stabilization Fund Policy will be reflected
" Some discussion and explanation of what new growth is
Ms. Gibson noted next steps in the immediate future as indicated in the timeline to include further review of FY07
Budget Projections at the 7 September 2005 meeting of the Board of Selectmen, at which time final 2006 growth
figures are expected and the tax rate should be set. Ms. Gibson stated that if the School Committee finds that there
are more or differing details, the information is required by 31 August 2005 for inclusion in materials for the above-
noted meeting. She further noted that any discussion of possible format changes or other requests regarding
presentation of information is needed by 17 October 2005.
The Board expressed thanks for the presentation and Chairman Glowacki invited questions. Deputy Superintendent
Robert Pellicane asked about staffing assumptions, insurance costs and longevity, to which Ms. Voges replied that
projections were for the same number of positions, insurance based on the current plan, and gross salary figures
were meant to include longevity. Mr. Pellicane proposed to alter the School Committee budget timeline to
accommodate the Town Administration timeline and Chairman Glowacki acknowledged that synchronization would
be helpful.
Request for Action Regarding Article 86 of 2004 Annual Town Meeting - Disposition of "Yard Sale" Parcels
(continued from 20 July 2005). Planning Director Andrew Vorce described the yard sale process, noting that Article
86 of the 2004 Annual Town Meeting gives the Board of Selectmen authority to apply criteria to proposals to carry
out the sale. He added that changes in criteria at this point would necessitate a return to Town Meeting. He
specifically noted that a 9 Rhode Island Avenue responder failed to meet the criteria in two respects: title is not
corrected and their property is vacant. Mr. Chadwick moved to approve recommendations before the Board to
dispose of the surplus parcels. Mr. Willauer seconded. Mr. Watts indicated the desire to abstain from the award of 9
Rhode Island Avenue. Chairman Glowacki suggested approval of the sale of Town-owned surplus properties
excepting 9 Rhode Island Avenue to the proposers who were determined to be the most advantageous as indicated
herein. So voted unanimously. Mr. Chadwick moved to award the 9 Rhode Island Avenue parcel to Elwood and
Cynthia Johnson for $11,143 as also indicated herein. Mr. Willauer seconded. So voted unanimously with Mr. Watts
abstaining.
" 9 Rhode Island Avenue to Elwood & Cynthia Johnson for $11,143
"4 New Hampshire Avenue to J. Edward & Rebecca M. Odegaarde for $10,001
" 5 Maine Avenue to J. Edward & Rebecca M. Odegaarde for $10,001
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" 12 Maine Avenue to Paul Sklarew & Barbara Braman fa $10,001
" Nichols Road to Jeffrey & Veronica Spruill for $51 ,000
" 40B Shell Street, Siasconset, to Thomas E. Meehan for $16,000
" Saccacha Avenue parcel to Linda Wisnewski for $50,000
Ms. Gibson continued with the Town Administration response to a Finance Committee letter of July 19, 2005 to the
Board of Selectmen regarding the Waste Options Nantucket (WON) contract. She provided background and
addressed the three recommendations, namely a full audit of the expenses and payments to Waste Options
Nantucket (WON) under the contract, renegotiation of the contract, and review by Town Counsel as to whether
restitution should be sought from WON.
Ms. Gibson noted that the audit recommendation was unclear and that while not required in the contract the Town
has previously requested one. Though WON declined, they did offer to meet with the Finance Committee to discuss
the request. Ms. Gibson will refer last two items to Town Counsel for response for the August 17, 2005 meeting and
asked that any more Board of Selectmen questions or information requests be provided by August 10.
Whitney Hall, Waste Options President, responded to issues raised by the Finance Committee, indicating a
willingness to meet with the members as it continues to provide a professional public-private partnership.
SELECTMEN'S REPORTS/COMMENT
Action/Adoption of "Free Cash" Use Policy. Ms. Gibson introduced the policy as a response to one of the Board of
Selectmen goals for 2005 and a desire to structure the use of free cash. Discussion followed on the exceptions
amendment and the reasons for establishing such a policy. Mr. Chadwick moved to adopt the policy as drafted by
the Town of Nantucket and amended by the Finance Commmittee to include the following:
Exceptions - Exceptions to this policy shall be made only after extraordinary circumstances and any such
exceptions shall be explained to the voters in a statement written by the Finance Committee in the warrant for
Annual or Special Town Meeting. Mr. Watts seconded. So voted unanimously.
Mr. Watts said he'd received numerous complaints about 40th pole and the use of the beach there. Police Chief Bill
Pittman provided feedback and indicated a plan to address the situation, further suggesting a possibility of looking
into solutions to daytime noise, now tough to arbitrate, via the next Annual Town Meeting.
There being no further business before the Board, the meeting was unanimously adjourned at
9:45 PM .
Approved the 17th day of August 2005.
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