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Board of Selectmen Agenda Protocol:
Roberts Rules: The Board of Selectmen follows Roberts Rules of Order to govern its meetings as per the Town Code and Charter.
Public Comment: For bringing matters of public interest to the attention of the Board. The Board welcomes concise statements on matters that are within the purview of the Board of Selectmen. At the Board’s discretion, matters raised under Public Comment may be directed to Town Administration or may be placed on a future agenda, allowing all viewpoints to be represented before the Board takes action. Except in emergencies, the Board will not normally take any other action on Public Comment. Any personal remarks or interrogation or any matter that appears on the regular agenda are not appropriate for Public Comment. Public Comment is not to be used to present charges or complaints against any specifically named individual, public or private; instead, all such charges or complaints should be presented in writing to the Town Manager who can then give notice and an opportunity to be heard to the named individual as per MGL Ch. 39, s 23B.
New Business: For topics not reasonably anticipated 48 hours in advance of the meeting.
Public Participation: The Board welcomes valuable input from the public at appropriate times during the meeting with recognition by the Chair. For appropriate agenda items, the Chair will introduce the item and take public input. Individual Selectmen may have questions on the clarity of information presented. The Board will hear any staff input and then deliberate on a course of action.
Selectmen Report and Comment: Individual Selectmen may have matters to bring to the attention of the Board. If the matter contemplates action by the Board, Selectmen will consult with the Chair and/or Town Manager in advance and provide any needed information by the Thursday before the meeting. Otherwise, except in emergencies, the Board will not normally take action on Selectmen Comment.
EXHIBIT 1 AGREEMENTS TO BE EXECUTED BY TOWN MANAGER
UNLESS RESOLUTION OF DISAPPROVAL BY BOARD OF SELECTMEN November 8, 2017
Type of
Agreement/Description Department With Amount Other Information Source of Funding
Grant Agreement Town Admin Commonwealth of
Massachusetts/Mass. Cultural Council
($4,400)
Annual grant from state to Town; funds distributed
through Nantucket Cultural Council
Commonwealth of Massachusetts/ Mass. Cultural
Council Professional Service
Agreement Public Works The Executive Suite $8,000 Contract for strategic planning training for DPW DPW Budget
Amendment to Professional Service
Agreement Public Works Site Design
Engineering, LLC $8,542.50
Add an additional $8,542.50 to the original contract amount of $225,000 for a new contract total of $233,542.50 to pay for additional services related to
First Way and Milk St. projects
Article 10/2016 ATM
Professional Service Agreement Public Works Ackme Survey LLC Up to $100,000 Contract for land surveying
services DPW Budget
TOWN OF NANTUCKET, MASSACHUSETTS NANTUCKET HARBOR SHIMMO & PLUS AREAS
SEWER EXTENSION PROJECT
CONSTRUCTION SCHEDULE – WEEKLY UPDATE
Date Submitted: November 3, 2017 One Week Look Ahead (11/6 thru 11/10)
• Mainline Sewer Crew # 1 o Continue progressing west along Vesper Lane and onto Hummock Pond
Road • Mainline Sewer Crew #2
o Begin installation of mainline sewer on Green Meadow Drive ▪ Notifications passed out to homeowners on 10/31 regarding limited
access to property during construction • Auxiliary Crew
o Install brick inverts and raise manhole castings on Tashama and Maclean Two Week Look Ahead (11/13 thru 11/17)
• Mainline Sewer Crew # 1 o Continue progressing west along Hummock Pond Road
• Mainline Sewer Crew #2 o Continue installation of mainline sewer on Green Meadow Drive
Three Week Look Ahead (11/20 thru 11/24) (Thanksgiving Week – no work Thursday or Friday)
• Mainline Sewer Crew # 1 o Continue progressing west along Hummock Pond Road to Hussey Farm
Road • Mainline Sewer Crew #2
o Continue installation of mainline sewer on Green Meadow Drive On an As Needed Basis the Contractor will be:
• Performing testing at various locations • Installing inverts at various locations • Raising castings at various locations • Performing general cleanup
Please note that this is a projected schedule and will be adjusted accordingly based on Contractor’s actual progress and the weather. As the work progresses, excavation equipment will be staged along the side of the road adjacent to the current work area during off work hours as approved by local officials.
TOWN OF NANTUCKET Town Administration 16 Broad Street Nantucket, MA 02554
October 19, 2017 FOR IMMEDIATE RELEASE The Nantucket Department of Public Works will host a Public Information Session regarding the Landfill Groundwater Monitoring Program on Thursday, November 9, 2017 @ 6:00 PM at the Public Safety Facility Community Room, 4 Fairgrounds Road, Nantucket, Massachusetts. Please contact the Town’s Public Outreach Office at (508) 228-7200 x-7049 if you have questions.
Children’s Beach Boat Ramp Closure
The Children’s Beach Boat Ramp will be closed for repairs effective at the end of day on OCTOBER 30, 2017 through JANUARY 15, 2018.
The repairs are necessary to re-align and deepen the boat launching ramp and to make repairs to the piers and decking. The time frame for this work has been dictated and mandated by the Commonwealth of Massachusetts for the protection of the endangered winter flounder spawning areas.
For more information or updates on the project, click HERE.
To: Dawn Hill Holdgate, Chair
Board of Selectmen
Cc: Libby Gibson, Town Manager
From: Brian Sullivan, Chair Affordable Housing Trust Fund
Date: November 1, 2017 RE: Recommendation with Respect to $1,000,000 Funding The Affordable Housing Trust Fund (“AHTF”) voted unanimously at its October 18th, 2017 meeting to request that the Board of Selectmen (“BOS”) approve the use of $400,000 -- from the $1,000,000 pool established in 2015 which requires the Board of Selectmen’s approval of the first $1 spent -- for the purpose of paying for approximately 1/3 of the development cost of so-called Waitt Drive (Road Lot 80). This amount is based on an anticipated $1.2 million construction cost estimated in consultation with the DPW for:
Lot 80 (Waitt Drive) to be improved for vehicular access to the standards applicable to paved Town ways in the Town of Nantucket, and including but not limited to:
a) sufficient sewer, storm, and water utility service to serve Ticcoma Green and other future residential development along Waitt Drive
b) sidewalks with connections from Ticcoma Way to the end of Lot 80; and c) approximately 45 public parallel on-street parking spaces.
The use of this money would support the creation of 64 new workforce / affordable rental units (“Ticcoma Green”), as well as support access to Lots 86/87, 88, 89 and 90 where there exists the potential creation of additional residential single-family style housing. Eighty percent of units at Ticcoma Green would be restricted in perpetuity to serving income levels at 120% AMI and under and all 64 units would count on Nantucket’s SHI list. Similarly, units on Lots 86/87, 88, 89 and 90 would be income-restricted, likely at 80% AMI or less. We understand at the BOS’s October 11th, 2017 meeting, the BOS unanimously indicated its support of developing Waitt Drive in the manner described above. As you know, the history of the Board of Selectmen’s support for the original $1,000,000 funding was to support the development of a workforce / affordable rental project at 6 Fairgrounds Road, should financial support beyond the Town’s land contribution be required. We believe this request and use of funds to be very much in line with the Board of Selectmen’s original intent for the funds, and proportionate to the length of roadway serving the currently planned year-round residential housing development on the site.
Concurrently, the AHTF would like to request the BOS approve the use of an additional $150,000 from the $1,000,000 pool to be granted to Habitat for Humanity (“Habitat”) for the construction of homes on Lot 86/87 along Waitt Drive (which lot, we understand, the BOS has already granted to Habitat for Humanity). The AHTF voted unanimously to support this request at its September 19th, 2017 meeting. As you will recall, the BOS had previously approved use of up to $300,000 for the creation of two dwellings on Lot 90, with the intention of receiving and fitting up a donated building from the Nantucket Yacht Club. As previously relayed to the BOS, this project did not go forward due to timing limitations which could not be overcome, despite the good intentions and common goal of all involved. We understand that the intention of these $150,000 funds is to allow Habitat to create a second income-restricted dwelling on Lot 86/87. Habitat has been markedly bringing its through-put down from one home created every 2-3 years to one a year more recently. With continuous improvement, their aim is to get to two units created a year in 2018. These funds would assist meaningfully in that goal. We recommend the Board of Selectmen and Administration approve both of the above requests as consistent and in accordance with the BOS’s previously stated desires with respect to the workforce / affordable housing goals of the Town at its Fairgrounds Road site and respect to these monies, in particular.
Presentation to the Town of Nantucket for a Proposed Medical Marijuana Dispensary
November 8, 2017
The Green Lady Dispensary, Inc.
Street View of 11 Amelia Drive
2
Exterior of the building will remain unchanged.
Patients will not be permitted into the structure with frontage on Amelia Drive.
No employees will use the front door, except as emergency exit.
All doorways will be secured by keycard security system.
Patient Privacy, Security, And Accessibility
3
No direct line of sight from Amelia Drive to Dispensing Facility
No residential homes in the area
Nantucket Police Department is a direct abutter
Handicap accessible
7 existing parking spaces for patients
Proposed Dispensing Facility
Nantucket PD
The Green Lady proposes to site a co-located medical marijuana facility at 11 Amelia Drive, Nantucket, MA.
In accordance with the Town of Nantucket’s Zoning By-Law, the proposed property is located in the Commercial Neighborhood (CN) Zoning District and is not located within 500 feet of a state-certified school or state-licensed daycare center.
If The Green Lady is fortunate enough to receive a letter of support or non-opposition from the Town of Nantucket, The Green Lady will continue to work with the Town in order to obtain a Special Permit from the Zoning Board of Appeals.
Environmentally Friendly Facility – LED lighting, installation of solar panels to offset electric consumption, and utilize collection and recycling of cultivation.
First minority and women owned dispensary in the state of Massachusetts. Less than 1% of dispensaries nationwide are owned by African Americans.
The Green Lady’s Proposed RMD Location at 11 Amelia Drive
The Green Lady’s Proposed RMD Facility In Nantucket
Dispensing Facility Floor Plans
Cultivation Facility Floor Plans
Cultivation Facility Floor Plans (continued)
Child-Resistant, Opaque Packaging
8
"Any edible MIP [Marijuana Infused Product] that is made to resemble a typical food or beverage product must be packaged in an opaque package and labeled as required by 105 CMR 725.105(E)(3).“105 CMR 725.105(C)(5)(b).
"Marijuana [in this case including MIPS] shall be packaged in plain, opaque, tamper-proof, and child-proof containers without depictions of the product, cartoons, or images other than the RMD’s logo. Edible MIPs shall not bear a reasonable resemblance to any product available for consumption as a commercially available candy.“105 CMR 725.105(E)(1).
Informative Labeling
9
Product labels will include: Patient’s name Name, phone number, address, website, and registration
number of MMTC Quantity of marijuana Date the product was packaged Cannabinoid profile, including THC level Ingredients [only applicable to edible products] A warning if known allergens are contained in the product
[only applicable to edible products] Serial number identifying product batch Statement regarding contaminant testing, and date of testing
All labels will also include the statement: “This product has not been analyzed or approved by the FDA. There is limited information on the side effects of using this product, and there may be associated health risks. Do not drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN.”
Limited Marketing
10
Advertising materials may not include: Any statement, design, representation, picture, or
illustration that encourages or represents the use of marijuana for any purpose other than to treat a debilitating medical condition or related symptoms;
Any statement, design, representation, picture, or illustration that encourages or represents the recreational use of marijuana;
Any statement, design, representation, picture, or illustration related to the safety or efficacy of marijuana unless supported by substantial evidence or substantial clinical data with reasonable scientific rigor; or
Any statement, design, representation, picture, or illustration portraying anyone under 18 years of age.
Exterior Regulations
A RMD shall not display on the exterior of the facility advertisements for marijuana or any brand name, and may only identify the building by the registered name.
A RMD shall not utilize graphics related to marijuana or paraphernalia on the exterior of the RMD or the building in which the RMD is located.
Community Support
11
Many local residents and business owners from the Amelia Drive neighborhood, including some registered medical marijuana patients, have provided letters supporting The Green Lady Dispensary’s proposed operations and encouraging the Board of Selectmen to provide The Green Lady Dispensary with a Letter of Support or Non-Opposition.
75% of Nantucket voters supported the passage of Massachusetts’ medical marijuana law in 2012.
At a recent Public Forum in the Town, many residents expressed frustration that a medical marijuana dispensary had not yet opened on the island.
Massachusetts Patient Advocacy Alliance, a group advocating for patients in the Commonwealth, has indicated its support for a Medical Marijuana Treatment Center being opened on Nantucket as soon as possible.
About The Green Lady The Green Lady Dispensary, Inc. (“The Green
Lady”), a Massachusetts non-profit corporation, has been approved through the first two stages of the Massachusetts Department of Public Health’s (“DPH”) Registered Marijuana Dispensary (“RMD”) application process. The DPH recently invited The Green Lady to submit the third phase of the application process, the Siting Profile.
The Green Lady’s mission is to provide consistent, high quality medicine to registered, qualifying patients and their caregivers in a secure and welcoming environment.
The Green Lady will offer a wide variety of products and services to meet the unique needs of patients suffering from debilitating medical conditions such as Cancer, Alzheimer’s Disease and Parkinson’s Disease.
The Green Lady will ensure that patients have access to specialized strains of marijuana (including high CBD marijuana, which has little to no psychoactive properties), as well as a variety of Marijuana Infused Products (MIPs) in accordance with 105 CMR 725.000 et seq.
The DPH will thoroughly background-check The Green Lady’s executive management team, whose experience and capabilities will allow The Green Lady to successfully build and operate a RMD for the benefit of patients on Nantucket.
The Green Lady TeamNicole Campbell (Chief Operating Officer, Chief Financial Officer, Head of Cultivation, and member of the Board of Directors)
Nicole began her career as the first employee of Growth Products, Ltd., an agricultural chemical company, in 1991, where over the past 26 years she has grown the company into an international supplier of agricultural chemicals and is now Owner and Chief Operating Officer. Nicole is also Owner and Controller at G.P. Solutions, LLC, a related agricultural chemical company. Through her experience at these companies, Nicole has gained significant knowledge regarding cultivation additives, such as fertilizers, micronutrients, organic plant foods, and biological pesticides. Furthermore, Nicole’s experience in managing international permitting and compliant labeling in all 50 states and 35 countries translates directly to the medical cannabis industry and ensures that The Green Lady will maintain a focus on regulatory compliance.
Nicole has received a Masters in Business Administration from Pace University, and she currently lives with her husband, Rupert, and their two daughters in Katonah, New York. Nicole has been a part-time resident of Nantucket since 2012, and she is committed to maintaining strong ties between The Green Lady and Nantucket.
The Green Lady Team (Continued)Rupert Campbell (Chief Executive Officer, Head of Security, and Member of the Board of Directors)
Rupert began his career in the construction materials industry working for Borden Chemical, where he gained significant experience in manufacturing and processing systems, processes, and equipment. In 1997 Rupert joined Growth Products, Ltd., where he has managed the planning and construction of a fertilizer manufacturing facility with complex liquid reactors and has become the Senior Production Manager. During his time at Growth Products, Rupert has gained expertise in several facets of chemical manufacturing, such as dry augers, packaging systems, and assembly logistics. Rupert has also worked for the Katonah Fire Department since 1993, where he previously served as Captain and Lieutenant, and where he actively participates in the department’s governance. During his time with the Katonah Fire Department, Rupert has been trained and certified by the New York State Division of Homeland Security and Emergency Services, New York State Fire Chiefs Association, Firemen’s Association of the State of New York, with additional certifications in Hazardous Materials First Responder Operations, Confined Space Rescue, and Emergency Management.
Rupert currently lives with his wife, Nicole, and their two daughters in Katonah, New York. Rupert and his family have been part-time residents of Nantucket since 2012, and Rupert looks forward to helping the patients of Nantucket by providing them with high-quality medicine.
The Green Lady Team (Continued)Corbet Campbell
Corbet Campbell is the Clerk and a member of the Board of Directors of The Green Lady Dispensary. As daughter to The Green Lady Dispensary’s CEO and COO, Corbet looks forward to growing this family-run business on Nantucket.
Clare Reinbergen
Clare Reinbergen is a member of The Green Lady Dispensary’s Board of Directors. As founder of Growth Products, Ltd., Clare has become a leader in agronomic formulations. Clare continues to lecture, provide technical training, and consulting in turf science, agriculture, botany, and horticulture.
Janine Franceschi
Janine Franceschi is a member The Green Lady Dispensary’s Board of Directors. Janine is a year-round resident of Nantucket, where she has made home on and off for 14 years.
RMD Application Process On June 13, 2017, The Green Lady submitted Phase 1 of
the RMD application process (the Application of Intent)to the DPH for one certificate of registration to operate RMDs.
On July 7, 2017, The Green Lady was invited to submit Phase 2 of the RMD application process (the Management and Operations Profile) to the DPH.
On July 21, 2017, The Green Lady submitted its Management and Operations Profile to the DPH.
On September 15, 2017, The Green Lady was invited to submit Phase 3 of the RMD application process (the Siting Profile).
As part of the Siting Profile submission, the DPH requires the The Green Lady to obtain letter of support or non-opposition from the municipality in which it intends to locate its RMD facility.
Security and Compliance Head of Security Rupert Campbell has fourteen
years experience working for the Katonah Fire Department in Katonah, NY. Utilizing his expertise, Rupert will design, implement, and monitor a comprehensive security program to ensure that the facility is a safe and secure environment for both employees and the local community.
The Green Lady’s state-of-the-art security system will consist of perimeter windows, as well as duress, panic, and holdup alarms connected to local law enforcement for efficient notification and response in the event of a security threat. The system will also include a failure notification system that will immediately alert The Green Lady’s executive management team if a system failure occurs.
A redundant alarm system will be installed to ensure that active alarms remain operational if the primary system is compromised.
Interior and exterior HD video surveillance of all areas that contain marijuana, entrances, exits, and parking lots will be operational 24/7 and available to the Nantucket Police Department. These surveillance cameras will remain operational even in the event of a power outage.
Security and Compliance (Continued) The exterior of the building and surrounding
area will be sufficiently lit, and foliage will be minimized to ensure clear visibility of the area at all times.
Only registered patients and caregivers, The Green Lady’s registered RMD agents and other authorized visitors (e.g. contractors, vendors) will be allowed access to the facility, and a visitor log will be maintained at all times.
All RMD agents and visitors will be required to visibly display an ID badge, and The Green Lady will maintain a current list of individuals with access.
A minimum number of authorized agents essential for efficient operations will be able to enter Limited Access Areas within the facility.
There will be frequent cash sweeps from the Point-of-Sale stations to the vault, and cash receipts will be regularly deposited by secure transport.
On-site consumption of marijuana by employees, patients and caregivers is prohibited.
The Green Lady will have a security guard on-site during business hours.
Patient / Caregiver Experience Registered patients and caregivers must display
their DPH Registration cards before entering the outermost door of the facility.
Patients then enter a secure, access control vestibule where a dispensary agent will review the DPH Registration card and a government-issued photo ID and verify the patient’s registration in real-time in the DPH’s online database.
After verification, patients are allowed to enter the main dispensary area, where they will be offered a consultation and an opportunity to browse educational materials prior to making any purchases.
Employees will take one item out of a secured case at a time to show it to a patient.
Patients’ DPH Registration cards and IDs are checked again at the dispensary counter before the transaction is completed, and then the patient is required to exit the premises.
The Green Lady’s security agents will ensure that no patients or caregivers linger on the premises after any lawful activities are completed.
Medical Marijuana Studies A study conducted by Wayne State University Medical School
and published in 2013 found that medical marijuana patients consistently reported using marijuana to substitute or wean off prescription narcotic drugs. All of the interviewed patients reported having reduced their overall prescription drug use by using medical marijuana.1
An American Medical Association study published in 2014 found that states that enacted medical marijuana laws had a 24.8% lower mean annual opioid overdose mortality rate compared with the states without medical marijuana laws.2
The University of Colorado and the Institute for the Study of Labor jointly published a 2012 study that analyzed large national data sets of self-reported marijuana use by high school students in the years leading up to and following the enactment of medical marijuana laws.
The researching economists concluded their results were not consistent with the hypothesis that the legalization of medical marijuana caused an increase in the use of marijuana and other substances among high school students.3
According to the 2015 Healthy Kids Colorado Survey, “youth marijuana use remains relatively unchanged” since the implementation of medical and adult-use marijuana laws. Colorado youth marijuana use is 21.2% versus 21.7% as the national average. 4
According to an article published in Health Affairs in 2016, physicians in medical marijuana states prescribe 1,826 fewer doses of painkillers in a given year compared to states without medical marijuana laws.5
1Peters II, David C., Patients and Caregivers Report Using Medical Marijuana to Decrease Prescription Narcotics Use, Humboldt J. of Soc. Rel., Wayne State University School of Medicine (2013).
2Bachhuber MD, Marcus A., Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999-2010, J. Amer. Med. Assoc. Internal Medicine (2014).
3Anderson, D. Mark, Medical Marijuana Laws and Teen Marijuana Use, University of Colorado and The Institute for the Study of Labor (2012).
4Healthy Kids Colorado Survey 2015, Colorado Department of Public Health & Environment.
5Bradford, Ashley C. and Bradford, W. David, Medical Marijuana Laws Reduce Prescription Medication Use in Medicare Part D, Health Affairs (2016)
Benefits to the Town of Nantucket MONETARY BENEFITS. A Host Community
Agreement would provide the Town with 3% of gross revenue generated on the island, including an immediate payment of $50,000 for improvements to a municipal parking lot.
TAXES. In addition to payments under a Host Community Agreement, The Green Lady commits to paying property taxes, despite the potential for federal tax-exempt status in the future.
JOBS. A dispensing facility in Nantucket will add 15-30 full-time year-round jobs with benefits such as health care insurance, in addition to preferential hiring of qualified local contractors and vendors.
REGULATION. The Green Lady’s RMD will help to reduce the need for patients to apply for unregulated “hardship” cultivation registrations.
ACCESS. The Green Lady will provide patients on Nantucket with access to valuable medication.
COMMUNITY SUPPORT. The Green Lady staff will work with the Town to hold local educational programs discussing drug abuse prevention and other public health issues.
CONTROL. In addition to the DPH, Nantucket’s Police Department and other municipal departments will have oversight over The Green Lady’s security systems and processes.
RESPONSIBILITY. The Green Lady is comprised of experienced professionals who will undergo extensive background checks and DPH scrutiny.
Letter of Support or Non-Opposition Obtaining a Letter of Support or Non-Opposition
from the Town of Nantucket is the first step in the approval process with the Town of Nantucket and just one step in the RMD application process with the DPH.
At the DPH level, The Green Lady must still:• Submit a Siting Profile, and obtain Provisional
Certificate of Registration• Submit Architectural Review and obtain
approval• Build out location and pass several DPH
inspections• Obtain Final Certificate of Registration• Undergo regular surprise and scheduled
inspections by the DPH
At the Town of Nantucket level:• Host Community Agreement (Board of
Selectmen)• Special Permit (Planning Board)• Ongoing coordination and oversight from
various municipal departments (Police, Fire, etc.)
Thank you for your time and consideration. We look forward to answering any of your questions.
Nicole Campbell914-490-5426
From: Libby GibsonTo: Dawn Hill Holdgate; Jason M. Bridges; Jim Kelly; Matt Fee; Rita HigginsCc: Mike Burns; Andrew VorceSubject: Parking Discussion -- 11/8 BOSDate: Friday, November 03, 2017 11:35:21 AM
BOS: just fyi – I asked Mike to provide the information below in connection with your discussion on 11/8 re: parking if anyone wants to look at existing studies/reports on this. Also, just some other thoughts for your discussion in terms of focusing it & determining what we might want a consultant (separate from Desman) to help us with (in no particular order): n What position does the Town need to be in (structurally, resource-wise) in order to manage
parking in a different way than it is now?n What are we trying to do with parking? (Ensure more turnover? Obtain more revenue? -- And,
if more revenue, for what? Year-round shuttle service? More parking enforcement resources?)
n Are there incremental steps we can take? (ie, charge for parking in Town lots? Expand valet parking somehow?)
n What are the managed parking options? C. Elizabeth GibsonTown ManagerTown of Nantucket(508) 228-7255From: Mike Burns Sent: Thursday, October 26, 2017 2:04 PMTo: Libby GibsonCc: Andrew Vorce; Janet SchulteSubject: Re: Parking Studies http://www.nantucket-ma.gov/467/Transportation-Projects-and-StudiesHere’s the link to the inventory of studies that I have readily available. Sent from my iPhone
