Chris Perry Column: I Know The Time And The Place

Much of this could have been avoided if the chair of the Nantucket Board of Health had simply heeded the words from three different Select Board members.

First, there was Tom Dixon, the Select Board representative to the Board of Health, who said, “That’s not how this works. We should not be doing this…”

Second, there was Dawn Hill, who said, “I respectfully agree with Tom Dixon. I would err on the side of caution and make all emails available to the public…”

And finally, there was Brooke Mohr, who said, “This topic is not agenda'd. You are in a very, very gray area here on the open meeting law. This should not be continued…”

But chairperson Ann Smith was having none of it.

Despite the advisory efforts, Smith forged ahead with the March 19 meeting which became more uncomfortable by the minute. With vice chair Meredith Lepore prodding Smith with her own agenda, it became obvious that Smith had steered this meeting into uncharted waters well over her head until common sense finally prevailed and the chair grudgingly ended the discussion.

But the damage was done.

It’s clear to me that Smith and Lepore’s present mission is to scuttle the turf field proposal for Nantucket High School that was endorsed by the School Committee. The turf field upgrade is part of a larger Vito Capizzo Stadium plan, which includes a new track, grandstands, ADA compliance, a new Booster’s building, press box, bathrooms, and team rooms. For months, the majority of the community has spoken out in favor of this much-needed renovation project. But despite this wave of support, Smith and Lepore have decided to navigate their own courses.

From the March 19th Board of Health meeting, three different Open Meeting Law violations were reported. Not surprisingly, town counsel has already responded to the one complaint against the Select Board with an opinion defending Dixon, Hill, and Mohr of any wrongdoing.

However, the two complaints filed against the Board of Health by Kate Garrett and Kimberly Latlippe, respectively, remain in place and won’t be addressed until the Board of Health holds a special meeting next Tuesday, April 7th.

While I am not an attorney, I believe these two complaints have merit. Time will tell if the complaints rise to the level of the Attorney General. But while that legal saga plays out, the more pressing question for Chairperson Smith is: Does she think the Nantucket community has lost confidence in her ability to lead the Board of Health in an unbiased manner because her effectiveness has been compromised?

“I try to do the best I can with the tools that I have. I have every intention of being fair,” said Smith, who admitted being somewhat “handcuffed” in her ability to answer several of my questions earlier this week due to the legal wheels that are in motion.

Smith added, “ I am not going to talk about the motions in question. All we are trying to do is gather facts…”

The March 19th meeting was certainly not Smith’s finest hour and many others felt the same way.

“I was upset”, said Select Board member Dixon when I had a chance to speak with him last week.

“No one on the Board of Health has defined the debate. We have an information vacuum and people get upset. We need to define the four corners of the debate because secrecy is not good for the process," offered Dixon, whose moral compass will be sorely missed in town government when he serves out his term on the Select Board and heads west to California this spring.

Dixon was not alone.

Finance Committee chair and candidate for the Select Board, Jill Vieth, who challenged Smith’s handling of the agenda at the March 19th meeting, told me later that “Transparency is essential when the Board of Health considers regulations that directly impact our public schools and the broader community. To date, the Board of Health has been unclear, and it leaves residents, families, and students in the dark and undermines confidence in the process."

Despite the obvious confusion that took place, I’ll give Chairperson Smith a pass on fumbling the presentation of the agenda. Let’s be honest: It was painful to watch, but until the Open Meeting Law investigation is completed, it’s only fair to withhold a final verdict.

However, what isn’t fair to the Nantucket community is Smith sending out copies of a motion to her fellow Board members two hours before the March 19th meeting was called to order. With the motion already framed, it was clear from her emails that Smith was planning to introduce the motion during the meeting despite the growing background noise, despite being cautioned to reconsider.

More importantly, any hopes the public might have had for the chair to remain open-minded enough to be swayed by future public comments evaporated the moment she pressed the “send” button prior to the posted public meeting. With Smith’s mind and vote apparently made up, all subsequent public comments fell on deaf ears.

Consequently, it’s hard not to question her ability to remain impartial when the community’s voice has been muted.

When I asked Chairperson Smith how this juxtaposition can be explained, she responded, “My mind is not made up, and I don’t know how the public could think that…”

I think they do.

Where does Chairperson Smith go from here?

One answer is nowhere. Smith simply stays in her role as chair, lets the Open Meeting Law questions play out, and she fulfills her current term as chair, including refocusing on other topics facing the Board, such as septic regulations in Hummock Pond.

Another option for Smith would be to step down as chair, realizing her objectivity has been compromised. This move would signal a level of naïveté with regard to Robert’s Rules of Order for Smith, but when I asked her about that scenario, she defiantly responded, “I have no plans on stepping down…"

A better option would be for the Board of Health to table any further discussions on the turf field topic until after Town Meeting and the town elections two weeks later. At this point, the proper place for this discussion is the Town Meeting floor, where the community can debate the matter under the experienced hand and watchful eye of Moderator Sarah Alger.

This path is a win-win.

Two weeks after Town Meeting, town elections are scheduled for May 19th. There will be two new Select Board members voted into office who will have a vote on the two appointed positions on the Board of Health that expire this spring.

Ironically, those two positions are presently held by Smith and Lepore.

If they so choose, both Smith and Lepore can submit their names for consideration. And if re-appointed, Smith and Lepore can continue their crusade against the turf field without an artificial deadline of Town Meeting hanging over their heads. Additionally, they will have the benefit of knowing the will of the people via the results from the Town Meeting debate.

Trying to jam something into place with only one regularly scheduled meeting for the Board of Health prior to Town Meeting reeks of desperation, especially if vice chair Lepore follows through on her attempts to introduce a laundry list of unknown testing requirements to an already drafted warrant article. Ultimately, if that is hastily adopted by the Board of Health, it will successfully satisfy Lepore’s ultimate goal of grinding any potential turf field installation to a halt by initiating a strategy of paralysis through analysis, regardless of what the voters say at Town Meeting.

For those of you who have seen right through the misinformation campaign against the turf field plan, I think you have presented a compelling case to the Board of Health through the likes of Brent Tartamella, student-athletes Annie Ard and Madden Myers, field hockey coach and teacher Elizabeth Weber, parent Graham Veysey, grandparent Rich Brannigan, Sr. and so many others - not to mention the expert, independent analysis done by Weston & Sampson.

However, now the pressure is on. If you want to continue building the momentum that seems to be growing community-wide in support of the Vito Capizzo Stadium renovation plan, I would turn your attention to Town Meeting and rally your troops, especially if you think Chairperson Smith and, to some extent, Vice Chair Lepore have stepped over the line.

As Jill Vieth reminded me, “Open, well-defined communication is not optional - it is a fundamental responsibility. The community should be fully informed and given a fair opportunity to engage before any rules are advanced that could significantly impact Nantucket’s schools and public places."

I know the time and the place for the Nantucket community to be given that fair opportunity to engage.

It’s not at a chaotic Board of Health meeting scheduled during the middle of the day when stakeholders such as parents are working, and student-athletes are in class.

It’s May 4th at Town Meeting. It starts at 4:30 p.m.