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Home My WebLink About2020/6/4 RECEIVED MEETING POSTING TOWN OF NANTUCKET 2020 MAY 29 PM 02:54 -`4,14 ?~, Pursuant to MGL Chapter 30A,§18-25 NANTUCKET TOWN CLERK All meeting notice~and dandd must be filed and time stamped with U' Posting Number:T 1677 Town Clerk's Office and posted at least 48 hours prior to the meeting` j (excluding Saturdays,Sundays and Holidays) Committee/Board/s SELECT BOARD/COUNTY COMMISSIONERS Day, Date, and Time THURSDAY,JUNE 4, 2020 AT 9:00 AM Location/Address REMOTE PARTICIPATION VIA ZOOM Pursuant to Governor Baker's March 12, 2020 Order Regarding Open Meeting Law (Attached) Signature of Chair or ERIKA MOONEY Authorized Person WARNING: IF THERE IS NO QUORUM OF MEMBERS PRESENT,OR IF MEETING POSTING 1S 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 CONVENE/N OPEN SESSION //. EXECUTIVE SESSION, PURSUANT TO MGL C. 30A§21(A) 1. Purpose 3: To Discuss Strategy with Respect to Litigation Regarding Daily v. Town of Nantucket Select Board, where the Chair has Determined that an Open Session Meeting May have a Detrimental Effect on the Litigating Position of the Select Board/County Commissioners. 2. Purpose 6: To Consider the Value of Real Property with Regard to Siasconset Beach Preservation Fund (SBPF) Geotextile Tube Project, where an Open Meeting May have a Detrimental Effect on the Negotiating Position of the Select Board/County Commissioners; and, Purpose 3: To Discuss Strategy with Respect to Litigation with Regard to Siasconset Beach Preservation Fund (SBPF) Geotextile Tube Project(SBPF v Nantucket Conservation Commission, Nantucket Superior Court Civil Action No. 1975CV00027), where an Open Meeting May have a Detrimental Effect on the Litigation Position of the Select Board/County Commissioners. 3. Exemption 6: To Consider the Purchase, Exchange, Lease or Value of Real Property Regarding 18 Vesper Lane, where the Chair has Determined that an Open Session Meeting May have a Detrimental Effect on the Negotiating Position of the Select Board/County Commissioners. ADJOURNMENT 1 OFFICE OF THE GOVERNOR COMMONWEALTH OF MASSACHUSETTS STATE HOUSE • BOSTON, MA 02133 (617) 725-4000 \Ziliir v�V } CHARLES D. BAKER KARYN E. POLITO GOVERNOR LIEUTENANT GOVERNOR ORDER SUSPENDING CERTAIN PROVISIONS OF THE OPEN MEETING LAW, G. L. c. 30A, § 20 WHEREAS, on March 10, 2020, I, Charles D. Baker, Governor of the Commonwealth of Massachusetts, acting pursuant to the powers provided by Chapter 639 of the Acts of 1950 and Section 2A of Chapter 17 of the General Laws, declared that there now exists in the Commonwealth of Massachusetts a state of emergency due to the outbreak of the 2019 novel Coronavirus ("COVID-19"); and WHEREAS, many important functions of State and Local Government are executed by "public bodies," as that term is defined in G. L. c. 30A, § 18, in meetings that are open to the public, consistent with the requirements of law and sound public policy and in order to ensure active public engagement with, contribution to, and oversight of the functions of government; and WHEREAS, both the Federal Centers for Disease Control and Prevention("CDC") and the Massachusetts Department of Public Health ("DPH")have advised residents to take extra measures to put distance between themselves and other people to further reduce the risk of being exposed to COVID-19. Additionally, the CDC and DPH have advised high-risk individuals, including people over the age of 60, anyone with underlying health conditions or a weakened immune system, and pregnant women, to avoid large gatherings. WHEREAS, sections 7, 8, and 8A of Chapter 639 of the Acts of 1950 authorize the Governor, during the effective period of a declared emergency,to exercise authority over public assemblages as necessary to protect the health and safety of persons; and WHEREAS, low-cost telephone, social media, and other intemet-based technologies are currently available that will permit the convening of a public body through virtual means and allow real-time public access to the activities of the public body; and WHEREAS section 20 of chapter 30A and implementing regulations issued by the Attorney General currently authorize remote participation by members of a public body, subject to certain limitations; ®Pwrmu o,RECYCLED Pm0. NOW THEREFORE, I hereby order the following: (1) A public body,as defined in section 18 of chapter 30A of the General Laws, is hereby relieved from the requirement of section 20 of chapter 30A that it conduct its meetings in a public place that is open and physically accessible to the public,provided that the public body makes provision to ensure public access to the deliberations of the public body for interested members of the public through adequate,alternative means. Adequate, alternative means of public access shall mean measures that provide transparency and permit timely and effective public access to the deliberations of the public body. Such means may include,without limitation,providing public access through telephone, internet, or satellite enabled audio or video conferencing or any other technology that enables the public to clearly follow the proceedings of the public body while those activities are occurring. Where allowance for active, real-time participation by members of the public is a specific requirement of a general or special law or regulation, or a local ordinance or by-law,pursuant to which the proceeding is conducted, any alternative means of public access must provide for such participation. A municipal public body that for reasons of economic hardship and despite best efforts is unable to provide alternative means of public access that will enable the public to follow the proceedings of the municipal public body as those activities are occurring in real time may instead post on its municipal website a full and complete transcript,recording, or other comprehensive record of the proceedings as soon as practicable upon conclusion of the proceedings. This paragraph shall not apply to proceedings that are conducted pursuant to a general or special law or regulation, or a local ordinance or by-law,that requires allowance for active participation by members of the public. A public body must offer its selected alternative means of access to its proceedings without subscription, toll, or similar charge to the public. (2) Public bodies are hereby authorized to allow remote participation by all members in any meeting of the public body. The requirement that a quorum of the body and the chair be physically present at a specified meeting location, as provided in G. L. c. 30A, § 20(d)and in 940 CMR 29.10(4)(b), is hereby suspended. (3) A public body that elects to conduct its proceedings under the relief provided in sections(1) or(2) above shall ensure that any party entitled or required to appear before it shall be able to do so through remote means,as if the party were a member of the public body and participating remotely as provided in section(2). (4) All other provisions of sections 18 to 25 of chapter 30A and the Attorney General's implementing regulations shall otherwise remain unchanged and fully applicable to the activities of public bodies. This Order is effective immediately and shall remain in effect until rescinded or until the State of Emergency is terminated, whichever happens first. Given in Boston ad ! M this 12th day of March,two thousand and twenty. CHARLES D. BAKER GOVERNOR Commonwealth of Massachusetts