Chilmark Board of Selectmen Minutes March 7th 2006
People in attendance: Frank M. Fenner, Jr., J. B. Riggs Parker, Warren M. Doty, Tim Carroll, Mark A. Lovewell, Barbara & John Armstrong, John Larsen, Pat Jenkinson, Jim Morgan, Tom Bena, Jim Hickie, Jonathan Revere, Stanley Larsen, Susan Heilbron, David Norton, Emmett Carroll, Ezra Blair, Andy Goldman, Dennis Jason, Jane Slater, Jonathan Mayhew.
7:30 P.M. meeting called to order by Mr. Fenner, Selectmen’s Meeting Room.
Creek Lots
Mr. Parker moved and Mr. Doty seconded a motion to award a lease for Creek Lot 13 to John Larsen. SO VOTED: Three Ayes.
Creek Lot Rents
Mr. Fenner said that next year could be time to raise the rents. Mr. Doty said that the rent was $10 this year. Mr. Fenner asked what would be an appropriate rent. Mr. Jenkinson said $5 would be a good rent and asked what else the Selectmen were planning on using the lots for if not Commercial Fishermen. Tom Bena said that he thought the town should help the commercial fishermen and make their profit elsewhere instead of raising the rent on the Creek Lots. Jonathan Mayhew said that the yacht basin was built to help support the fishing fleet by paying for the up keep to the harbor. Mr. Parker said that the harbor department had made over $200,000 over expenses this year, so it was paying to repair and maintain the whole harbor. Emmett
Carroll said that the town was not allowed to be in business to make money, but that they could only collect money to break even. He asked the Selectmen what the Creek Lots cost the town a year and compare that to the fee that should be charged. Mr. Fenner said that the town did dredge in front of the creek lots recently.
Jane Slater asked how many Creek Lots there were and who was leasing them. Tim Carroll said that the lots were around twenty feet wide and some people rented two instead of one, as they had before the Commonwealth transferred the land to the towns of Aquinnah and Chilmark. Mr. T. Carroll said that lots 4 & 5 were leased to Jonathan Mayhew, lots 6 & 7 were leased to Pat Jenkinson, lot 8 was leased to Chris Murphy, lot 10 was leased to Dennis Jason, lot 11 was assigned the Shellfish Department, lot 12 was leased to Robert Flanders, and lot 14 was leased to Louis and Steven Larsen.
Bulkhead Lots
Mr. Fenner told the meeting that the Selectmen want to raise the rents on these lots too. Mr. Jenkinson asked how much. Mr. Fenner said that the Selectmen need to talk about that. Mr. Doty said that these lots need to serve the fishing fleet. Mr. Doty said the Selectmen need to meet with the four businesses and get a plan from each of them saying how they are going to support the fishing fleet before the Selectmen will sign their leases this year.
Mr. Jenkinson asked the Selectmen what they were basing the increase in rents on for the bulkhead lots. Mr. Jenkinson asked the Selectmen why they were doing this. Mr. Parker said that people in town were asking why the businesses were getting such a good deal and that the Selectmen had to look into it.
John Larsen said he hoped the Selectmen would not charge the businesses too much for the lots. He said that the gas station is open every day of the year for the fishermen. Mr. Fenner said that a service provided in lieu of higher rent should support the fishermen. Mr. Parker said that the fishermen need to know that they can sell their catch and one way is to put that in the leases as a requirement. Marshall Carroll said it is more important for the services to be provided in support of the fishing fleet than to increase the rents. Mr. Doty asked about the cost of fuel and if there was a way to cut a break for commercial fishing boats. Mr. M. Carroll said yes and asked the Selectmen to give him a list of who were commercial fishermen.
Mr. Fenner asked for the four businesses on the bulkhead to provide the Selectmen with a written business plan showing what they are doing for the commercial fishermen this year. The Selectmen agreed to discuss the plans with the Park & Recreation Committee at a joint meeting.
Mr. Doty said that the idea of an ice facility would be discussed at the next meeting on March 21st. Jonathan Mayhew said the idea was well received by the fishermen in Menemsha, and he said he hoped that the Selectmen pursued the idea. Marshall Carroll said that the gas station has staff that could sell the ice. Stanley Larsen volunteered to have an ice machine in his building.
Jane Slater asked for a pre-meeting between the park & Recreation Committee and the Selectmen before March 21st. Mr. Fenner agreed.
Personnel Board
Mr. Fenner said that the board needed to fill a vacancy created by the resignation of Henry Burkin. Mr. Doty moved and Mr. Parker seconded a motion to appoint Susan Heilbron to fill the vacancy on the Personnel Board. SO VOTED: Three Ayes.
Mr. Parker asked that a letter of thank you be sent to Henry Burkin for his service on the Personnel Board.
Film Festival
Thomas Bena requested permission to erect two tents at the Community Center for the Film Festival March 17th - 19th. Mr. Fenner reminded Mr. Bena that no CCC furniture could be taken outside. Mr. Doty addressed a letter from the Custodian regarding some concerns he had about the couch legs scratching the wood floor, trash and the building not being well cleaned up last year. Mr. Bena said it was an exaggeration and that the center was clean by 11 am Monday. He said he felt he was providing a service to the town by holding the film festival and pointed out that some towns pay to have festivals like this in their town. Mr. Fenner commended him on providing a good service, but said that duct tape should be substituted for a
better material and that Thomas should be there Monday morning to supervise the clean up to make sure it was done right and the center was ready for the morning exercise class.
Mr. Parker said that Mr. Bena gives a good service, but that he also gets a good deal from the town. Mr. Bena said that we were all getting a good deal. Mr. Doty noted that the film Fisher Poets was on Saturday. Jane Slater said that it was a good festival. Pat Jenkinson spoke in favor of the festival.
Mr. Doty moved and Mr. Parker seconded a motion to approve the two tents outside the center on the condition he coordinated with the Building Inspector and that the propane heater was inspected by the Gas Inspector or Fire Chief. SO VOTED: Three Ayes.
Thomas Bena asked for permission to erect their Film Festival wooden sign in front of the center tomorrow. The board approved his request.
Thomas Bena asked for permission to use the center for one hour this Monday for staff orientation. Mr T. Carroll said he would check the schedule for any conflicts.
Shellfish Coop
Mr. Fenner questioned Stanley Larsen about the letter he sent out calling a meeting on a CoOperative March 22nd. Mr. Larsen said it was a preliminary group meeting to see about a system in the future to grow shellfish, that it was nothing concrete and that it might take a year or two to get started. He said that it was an open meeting. Mr. Larsen said he should have spoken to the Selectmen about this before he called the meeting and apologized.
Mr. Fenner asked what areas he was suggesting. Mr. Parker asked how large an area he was asking for. Mr. Larsen said that those points were open. He said that this could be the future and necessary to keep the fisheries going in Menemsha. Mr. Fenner said that the letter talks of an area next to the existing two grants. Mr. Larsen said that was just an idea. Mr. Doty said the Selectmen had held public hearings and awarded two grants on the condition that they would not award any more without having a public review.
Mr. Fenner said he was not against another grant, but that these two were on a trial basis. He said he encouraged Mr. Larsen to get the fishermen together to talk about this idea. He commended Mr. Larsen for doing this and cautioned him that the town needed to move slowly. Mr. Doty said that it was a good idea to talk about this. Mr. Larsen said that the town has a lot of water and we should keep our eyes open.
Stanley Larsen - Bulkhead Lot Lease
Mr. Fenner told Mr. Larsen that he needed a plan from him on how he will be buying fish wholesale. Mr. Larsen said he was changing his original plan and would get a license to buy wholesale fish, but not to process fish. He said he would get the Selectmen a letter in a few days. Mr. Doty said that getting this simpler license to buy wholesale should be done as soon as possible. Mr. Fenner said that the lease would be held until the plans from the three fish businesses were reviewed by the Selectmen.
Mr. Doty said he had met with Mr. Larsen to discuss the dockage of his two boats on the bulkhead. He said that the commercial dock can not be a boat storage facility and that there needs to be a plan for the two boats. Mr. Larsen said that he had tried to sell the boat, but that he still holds the licenses for the boat to fish. Mr. Parker asked if he had any problem moving his boats to the channel dock. Mr. Larsen said no, but that it was not convenient to have to drive around the harbor twice a day to check on them. He said he was worried about more electrolysis at that dock. Jonathan Mayhew said that the Filled Dock was worse than the bulkhead area, and said it could be the wiring was the cause. Mr. Larsen said he would work on
moving the boats. Mr. T. Carroll asked that this not happen until the contractors were finished on the filled dock.
Jim Hickie
Mr. Hickie came before the board requesting permission to top three trees in the Meetinghouse Road layout for a care-taking client. Mr. Fenner moved and Mr. Parker seconded a motion to refer it to the Site Review Committee and empower the SRC to act on the Selectmen’s behalf to authorize this work if they approved the request. SO VOTED: Three Ayes.
Fire Department
Chief Norton explained that Carbon Monoxide detectors were now required in homes by state law. He asked the Selectmen to raise the existing fee to inspect smoke detectors to $50 from $35 and to include both types of detectors under the same inspection. Mr. Parker moved and Mr. Doty seconded a motion to set the fee for Smoke and Carbon Monoxide detectors at $50. SO VOTED: Three Ayes.
Chief Norton asked that the town have an Assistant to the Gas inspector to provide back up coverage. The Selectmen agreed. Mr. Carroll reported that the Building Inspector, Mr. Jason, was working on this and would be making a recommendation soon.
Chief Norton questioned the Beach Rules and asked for clarity. The Selectmen discussed past problems caused by improperly disposed of charcoals at Menemsha Beach. The Fire Chief, Executive Secretary, Police Chief and the Beach Department were directed to work on the rules and bring back a recommendation before Memorial Day.
Chief Norton asked for safe access through Squibnocket Beach parking lot for large trucks and other traffic. The Selectmen agreed to refer the request to the Beach Committee with a deadline of before Memorial Day weekend to get the access marked out on the parking lot.
Chief Norton asked when the Brush Breaker would be put out to bid again. Mr. Fenner said he wanted to see that done. Mr. Carroll said that he could get to it in the next two weeks.
Chief Norton discussed the warrant article for the Fire Station Needs Assessment and quotes he had received. Mr. Carroll was asked what the process was. Mr. Carroll said he would look into it, but was not sure how the new construction reform law affected this process.
Chief Norton said that the fire department was in serious need of an area to train. He discussed how the department needed places to train for various situations including auto extrications using rescue tools. The Selectmen approved the use of the parking lot area behind the Local Drop Off on top of the capped landfill off Tabor House Road. The Selectmen authorized the Fire Department to have keys to access the property. Mr. Carroll was directed to obtain the keys from the Board of Health.
Cape Light Compact
Mr. Doty moved and Mr. Parker seconded a motion to authorize the town to participate in the Solarization of the Schools grant program this summer. SO VOTED: Three Ayes.
Boys & Girls Club of MV
Mr. Doty moved and Mr. Parker seconded a motion to authorize the annual bicycle tour of Martha’s Vineyard fund raiser for MS and limited use of the Community Center on that day, subject to coordination with the Police Chief. SO VOTED: Three Ayes.
Wiring Inspector
Building Inspector Jason requested the Selectmen appoint an second Assistant Wiring Inspector to cover when conflicts or scheduling prevented the Wiring Inspector and his current Assistant from doing inspections. Mr. Doty moved and Mr. Parker seconded a motion to appoint Thomas Colligan Assistant Wiring Inspector. SO VOTED: Three Ayes.
Annual Town Meeting Warrant
The selectmen reviewed the draft warrant. Article 17 regarding water quality was changed by one word, “consider” in place of “support”. Article 18 was reworded.
Mr. Parker moved and Mr. Doty seconded a motion to approve the following annual town meeting warrant. SO VOTED: Three Ayes
Warrant for Annual Town Meeting
April 24, 2006
County of Dukes County, ss.
To the Constables of the Town of Chilmark, Greeting:
In the name of the Commonwealth of Massachusetts, you are hereby directed to warn and notify the inhabitants of the Town of Chilmark, qualified to vote in elections and town affairs, to assemble at the Chilmark Community Center in said Town of Chilmark on Monday, the twenty-fourth day of April in the year Two thousand and six A.D. at 7:30 o'clock in the evening, there and then to act on the Articles in this Warrant, with the exception of Article One.
And to meet again in the Chilmark Community Center, in said Chilmark on Wednesday, the twenty-sixth day of April in the year Two Thousand and Six A. D. at 12 noon, there and then to act on Article One of the Warrant by the election of Town Officers and action on Questions on the Official Ballot.
The polls for voting on the Official Ballot will be open at 12 o'clock noon, and shall close at eight o'clock in the afternoon.
ARTICLE 1. To elect the following officers on the Official Ballot:
One Member of the Board of Selectmen for three years
One Member of the Board of Assessors for three years
One Member of the Board of Health for three years
One Trustee of the Public Library for three years
Three Members of the Planning Board for five years
Three Members of the Finance Advisory Committee for three years
One Member of the Cemetery Commission for three years
One Fence Viewer for three years
One Surveyor of Wood, Lumber and Bark for three years
One Tree Warden for one year
One Member of the M. V. Land Bank Commission for three years
Answer YES or NO on the following question:
Question 1. Shall the Town of Chilmark be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bond issued in order to pay for the repairs to the West (Filled) Dock in Menemsha, including the payment of all other costs incidental and related thereto?
ARTICLE 2. To hear the reports of the Town Officers and Committees and act thereon.
ARTICLE 3. To see if the town will vote to raise such sums of money as will be necessary to defray town charges and to make the appropriations for the ensuing year, as printed under Departmental Budgets, provided that the amount set forth under the Community Preservation Committee (Dept. 179) shall be funded from the Community Preservation FY2006 Budgeted Reserve.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 4. To see if the town will vote to raise and appropriate the sum of $5,000.00 and further appropriate the sum of $5,000.00 to be received from the Chilmark Town Affairs Council, subject to receipt, which amounts are to be added to the maintenance account of the Chilmark Community Center.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 5. To see if the town will vote to transfer the sum of $32,000.00 from the Overlay Surplus Account and raise and appropriate the sum of $8,000.00 for a Reserve Fund to be administered by the Finance Advisory Committee, for the fiscal year beginning July 1, 2006.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 6. To see if the town will vote to appropriate from available funds in the treasury the sum of $132,434.50 and to transfer $67,565.50 from the following sources (01-122-200-0000-9001 Printing Pamphlets 1990 $2,433.78, 01-122-200-0000-9167 Proofing Zoning Bylaws 2001 $1,056.00, 01-220-200-0000-9206 Fire Station Garage Doors 2002 $553.77, 01-122-200-0000-9225 Printing Zoning Bylaws 2003 $500.00, 01-122-200-0000-9224 HR Software 2003 $3,600.00, 01-210-200-0000-9007 Police Cruiser 2004 $171.95, 01-122-200-0000-9241 Engley House Engineering 2004 $15,000.00, 01-295-200-0000-9046 Harbor Dredging 2005 $4,250.00, Waterways Improvement Fund
$40,000.00) totaling $200,000.00, to reduce the $750,000 borrowing for repairs to the West (Filled) Dock in Menemsha authorized by Article 3 of the Special Town Meeting held September 26th 2005.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 7. To see if the town will vote to transfer the sum of $25,000.00 from available funds in the treasury to the “General Stabilization Fund”.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 8. To see if the town will vote to appropriate the sum of $30,000.00 from available funds in the treasury to be placed in the “Fire Department Stabilization Fund”.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 9. To see if the Town will vote to transfer the sum of $50,000.00 from the Landfill Capping Project (Capital Account 33-000-300-51000-3590) into the “General Stabilization Fund”.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 10. To see if the town will vote to appropriate from available funds in the treasury the sum of $5,000.00 to pay for the ½ of the cost of applying an acoustic ceiling treatment at the Community Center, including the payment of costs incidental and related thereto.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 11. To see if the town will vote to appropriate from available funds in the treasury the sum of $8,000.00 to pay for upgrades to the Town Office Computer system and software, including the payment of costs incidental and related thereto.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 12. To see if the town will vote to appropriate from available funds in the treasury the sum of $13,750.00 to enroll the Tisbury Great Pond in the Massachusetts Estuaries Project, this sum being the second year and one-third of the total cost to Chilmark for the project, including the payment of costs incidental and relative thereto.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 13. To see if the town will vote to appropriate from available funds in the treasury the sum of $1,500.00 to transfer to the Martha’s Vineyard Cultural Council to supplement state funding.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 14. To see if the town will vote to approve the following requests of the Community Preservation Committee:
To see if the town will vote to appropriate from the Community Preservation Budgeted Reserve Fund the sum of $55,000.00 to fund the Year-Round Rental Assistance program,
To see if the town will vote to appropriate from the Community Preservation Historic Reserve the sum of $12,000.00 and to transfer from Article 27 of the Annual Town Meeting held on April 25th 2005 the sum of $3,005.00 to restore historic stone walls along the public roads in town.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 15. To see if the town will vote to appropriate the sum of $80,970.00 from State-Aid Highways for various repairs to town roads.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 16. To see if the town will vote to appropriate from available funds in the treasury the sum of $120,000.00 to fund the resurfacing and other repairs to town roads.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 17. To see if the town will vote to adopt the following non-binding resolution on Water Quality Protection:
Whereas the Town of Chilmark has contributed to the Massachusetts Estuary Project for the Tisbury Great Pond, indicating the Town’s support for the quality of our surface and drinking water and recognizing that those resources are critical to human health and welfare, the local economy, shellfish and fishing industries, recreation and the protection of natural resources and wildlife,
And whereas clean and unpolluted water is one of our most precious resources,
Be it hereby resolved that the Town of Chilmark will give careful consideration to the upcoming results of the Massachusetts Estuary Project, will consider all credible recommendations to protect our ponds, embayments, and drinking water from nitrogen and other pollutants, and will work with other island towns to preserve and restore the quality of our waters.
No Action Taken by FINANCE ADVISORY COMMITTEE
ARTICLE 18. To see if the town will vote to adopt the following bylaw:
To improve Public Safety all inhabited dwellings shall have a proper assigned number, located so emergency vehicles and personnel can visually see them; assigned road signs shall also be placed so emergency vehicles and personnel can see them.
Submitted by request of the Fire Chief
No Action Taken by FINANCE ADVISORY COMMITTEE
ARTICLE 19. To see if the town will vote to adopt the following bylaw:
TROUBLE ALARMS
Whoever owns a residence or building and has a burglar alarm or fire alarm shall not have more than two false alarms per calendar year, per building. The Town of Chilmark defines a false alarm as "an alarm signal resulting in a response by the police or fire department when an emergency does not exist". An alarm shall be presumed false if the responding officer(s) do not locate any evidence of an intrusion or of the commission of an unlawful act, a fire or emergency on the premises, which might have caused the alarm to sound. Alarms caused by thunder storms, hurricanes, other "violent" acts of nature, certain power outages and other valid situations, as determined by the Police Chief or Fire Chief, shall be exempt from this bylaw. The Chief will notify the owner by mail at his/her place
of residence for each offense. Whoever violates this bylaw shall be punished by a fine of $100.00 for the first offense, and $150.00 for each subsequent offense. Municipally owned buildings shall be exempt from this bylaw.
RECOMMENDED by FINANCE ADVISORY COMMITTEE - 6 Ayes 1 Nay
ARTICLE 20. To see if the town will vote to authorize the TriTown Ambulance Committee, subject to the approval of all three towns, to begin charging for ambulance calls, to deposit collected fees into an “Ambulance Receipts Reserved” for appropriation account pursuant to Chapter 40 section 5F of the Massachusetts General Laws, with the intention those receipts be used to reduce the amounts paid annually by Chilmark, Aquinnah and West Tisbury to fund ambulance services, and to further authorize the Board of Selectmen to sign an inter municipal agreement with the towns of Aquinnah and West Tisbury to accomplish these objectives.
RECOMMENDED by FINANCE ADVISORY COMMITTEE
ARTICLE 21. To see if the town will vote to appropriate from available funds in the treasury the sum of $684.00 to pay a MEDEX bill of a prior fiscal year.
No Action Taken by FINANCE ADVISORY COMMITTEE
ARTICLE 22. To see if the town will vote to appropriate from available funds in the treasury the sum of $2,000.00 to pay a bill of a prior fiscal year incurred by the Planning Board for water testing with the Wampanoag Tribe of Gay Head (Aquinnah).
RECOMMENDED by FINANCE ADVISORY COMMITTEE
You are hereby directed to serve this warrant by posting attested copies in three public places in said Town of Chilmark at least seven days before the time of said meeting, and to publish said warrant in one newspaper having general circulation in the Town of Chilmark during the week before said meeting.
Given under our hands this 7th day of March, A.D. 2006. Chilmark Board of Selectmen
Warren M. Doty Frank M. Fenner Jr., Chairman J.B. Riggs Parker
I have notified the inhabitants of the Town of Chilmark qualified to vote in town affairs, by posting three (3) attested copies of this warrant in three (3) public places and by publishing said warrant in one newspaper having general circulation in said Town of Chilmark and made due return of this warrant at the time and place of said meeting.
God save the Commonwealth.
Posted: Constable Daniel Bryant :____________________________________
Minutes
The minutes of January 30th, 31st, February 14th and February 21st were approved as amended by Mr. Parker. SO VOTED: Three Ayes.
Menemsha Filled Dock
The Selectmen discussed Change Order # 1 and # 2 from AGM Marine. Change order # 1 was approved and # 2 was postponed for Mr. Carroll and Mr. Parker to discuss with AGM. Mr. Parker was given the authority to sign CO#2 if he found it appropriate.
MEMA
Mr. Fenner inquired on the ICS 100 and NIMS 700 class. Mr. Carroll suggested the board members take them online.
Wireless
The Selectmen discussed having a conversation with the Aquinnah Selectmen about distributed antenna systems.
Hewing Field Road
Mr. Fenner reviewed the letter of objection received from abutters of a lot being developed. Mr. Doty said the Selectmen were taking no action at this time.
74 North Road - Inn at Blueberry Hill
Mr. Carroll reviewed the notice of a request for the Zoning Board of Appeals to issue a special permit to allow the Inn at Blueberry Hill to become a private inn that might or might not have a public restaurant. Mr. Parker moved and Mr. Fenner seconded a motion to ask the Zoning Board of Appeals to refer this petition to town legal counsel for review. SO VOTED: Three Ayes.
Meeting Adjourned at 10:12 PM.
APPROVED:
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