Chilmark Board of Selectmen April 17, 2012 Meeting Minutes
Present: Chairman Fenner, Warren Doty, Jonathan Mayhew, Tim Carroll, Jonathan Revere,
Dennis Jason, Virginia Jones, Mr. & Mrs. Tilton, Graeme & Judith Flanders, Don Clark, Deb Packer, Rebecca Thompson, James Hickey , Charlie Finnerty, Frank Yeomans, Bill Rossi,
Wendy Weldon, Wayne Iacono, Remy Tumin, Jim Hickey.
Selectmen Doty announced a special luncheon to honor Chairman Frank Fenner for his many years of service to the town as a Selectman. Mr. Doty went on to say that working with Frank Fenner has been a very rewarding experience, Mr. Mayhew agreed with these sentiments.
The Luncheon will be held at the Chilmark Town Hall at Noon on Tuesday April 24, 2012
Minutes:
Draft Minutes from March 20, 2012 were reviewed, and amendments made. Mr. Doty moved to approve minutes as amended. Mr. Mayhew seconded the motion. SO VOTED: 3 Ayes
Draft minutes from April 3, 2012 were reviewed, and amendments made. Mr. Doty moved to approve minutes as amended. Mr. Mayhew seconded the motion. SO VOTED: 3 Ayes
7:43 pm
Public Hearing on Proposition 2 ½ Override:
Chairman Fenner read the articles from warrant for the Annual Town Meeting that would be applicable to a 2 ½ % override.
Mr. Carroll said the override is a General Override
Question 1. Shall the Town of Chilmark be allowed to exempt from the provisions of Proposition 2 ½, so-called, the amounts required to pay for the bond issued in order to conduct exterior repairs to the West Tisbury School?
Question 2. Shall the Town of Chilmark be allowed to assess an additional $31,767 in real estate and personal property taxes for the purposes of participating in the Massachusetts Estuary Project in the Menemsha Pond system for the fiscal year beginning July 1, 2012?
Mr. Finnerty said we have had numerous studies on our ponds and asked when they will be done.
Ms. Weldon said she has received donations to off set the fees for Mass Estuaries Project and the figure that the Town would pay is reduced to $14,489.00. to complete the Squibnocket Pond Study.
Dennis Jason said many years ago the town paid over $50,000.00 for a study of Squibnocket pond done by Dr. Gains and asked why this is not sufficient.
Question 3. Shall the Town of Chilmark be allowed to assess an additional $54,500 in real estate and personal property taxes for the purposes of participating in the Massachusetts Estuary Project in the Chilmark Pond system for the fiscal year beginning July 1, 2012?
Discussion continued about the research time line and when the town will be receiving the reports. Ms. Weldon said that the report will also have a recommendation on how to proceed with improvements to the ponds not just a report.
At 8:03 pm public hearing was closed.
Distributed Antenna System Update:
Don Clark the Development Director for American Tower gave the update on the system for Chilmark. Continual Wave Testing will start April 23, 2012 on the system that is essentially in place. Mr. Clark reported that the DAS will be working for ATT in about 30 days.
Chairman Fenner said persons interested in contacting Verizon Wireless to encourage Verizon to join the DAS system. You can write any of these three people: ~Richard Enright, Tom Greenwood, or Ellen Dalmus at: VERIZON WIRELESS, 400 Friberg Parkway, Westborough, MA 01581.
USCG:Administrative Appeal of USCG claim denial. Mr. Doty said that the Selectmen held a strategy session with Town Counsel Ron Rappaport. Mr. Doty said the Selectmen asked that Ron Rappaport read through the Fire Investigation Report and then to review appeal action. Town Counsel recommended making the Administrative Appeal now, which would extend the deadline for the Court Appeal deadline.
Mr. Doty said that at this time the Selectmen did not ask Town Counsel about including personal losses to residents for example Wayne Iacono’s losses.
Chairman Fenner recommended that each party send letters rather than combining into a single complaint. Chairman Fenner said he has written a letter himself concerning the validity of his statement in the Report.
Mrs. Tilton provided photos of the day of the July 12, 2010 Fire for the town to have as reference.
Seaport Advisory Council:
Chairman Fenner reported on the Grant awarded to the Town of Chilmark from the Seaport Advisory Council for $629,026.00 to build Phase Three of the Menemsha harbor infrastructure.
Mr. Mayhew thanked Tim Carroll and Frank Fenner for their efforts in having this move forward. Chairman Fenner said House Representative Tim Madden was a big part of this grant going through.
The upgrades included in Phase Three are: a concrete floating transient dock of 250 feet. Also a fuel dock of 50 feet, and a temporary tie-up floating dock along the drive on dock of 180 feet. Mr. Carroll said these are proposed changes and that these will be brought to a public hearing.
Phase Three Continued…
The project window is limited to build the docks because of the DEP restrictions. October is the projected target time.
Harbor:
Harbor Master Dennis Jason reported finding a boat that is 23 feet in Edgartown. Chairman Fenner recommended that the Selectmen go to see the boat. Mr. Jason thought it might be too big. Mr. Mayhew said that the budget total is $24,000.00 and would like to come in under so the boat can be outfitted to our needs. Chairman Fenner said that the Harbor needs a boat.
Mr. Jason said Harbor improvements are in process. Mr. Jason is in contact with each of the contractors to ensure the improvements are completed. In a follow up from last Selectmen’s Meeting Mr. Jason spoke to Mr. Nelson and the electrical income figure that he gave Chairman Fenner was incorrect. Mr. Jason reported that the electrical income for this past season is actually $9,115 also add USCG and Violet and it just about equals to our expenses Mr. Mayhew said he wants the Harbor to have a better handle on the annual electrical costs.
Mr. Jason reported that Seth Karlinsky proposed to bring a dumpster for a one time clean up on May 1, 2012. Chairman Fenner said that this should be a cost to the Lot Leases not the Town.
Mr. Jason reported the ladders are being installed by John Mayhew by May 1 2012.
Tea Lane Farm Update:
Mr. Doty reported that the Farm Committee has reviewed 13 farm Plans and have evaluated them all down to six farm plans that where interviewed and have 3 finalists for the May 1, 2012 interviews. The MV Land Bank Advisory committee will also attend and execute the May 1st interviews.
Preschool Bathroom Bids: Chairman Fenner left the room due to a conflict of interest.
Mr. Carroll reported opening the submitted bids April 11, 2012 at 4:00 pm. LA Liberty bid had no Bond included and Mr. Carroll said this disqualifies the bid. Knight Home Builders bid came in at $37,450.00. The Preschool has provided a check tonight to cover the difference of $13,950.00 and with the town’s article money it equals the bid from Knight Construction.
Mr. Doty moved to accept bid from Knight Builders. Mr. Mayhew seconded the motion.
SO VOTED: 2 Ayes 1 Abstain
Chairman Fenner returned to the meeting. Mr. Fenner said he has looked at the area that the Bathroom would be added to and noticed that the mulch is up against the shingles and the wall that the addition is proposed to go has rot on the wall. Mr. Carroll said he has received a request from the Superintendents office asking that the Preschool sign documentation stating that the school system would not be responsible for problems that might stem from this project. Mr. Fenner said that this rot is the school systems responsibility. Mr. Carroll recommended that we all take look at the sight.
Subordination of Mortgage:
Mary & Jonathan Boyd are respectfully requesting that the town subordinate
its mortgages to the mortgage with Martha’s Vineyard Savings Bank, as laid out in the
subordination agreement. This will allow the Boyd’s to refinance at a lower rate.
Mr. Fenner abstained from discussion and decision due to a conflict of interest.
Mr. Doty moved to approve the subordination request. Mr. Mayhew seconded the motion.
SO VOTED: 2 Ayes, 1 Abstain
Vineyard Transit Authority Fuel:
The Vineyard Transit Authority has extended the use of the fuel contract to the Town of Chilmark the State contract is estimated close to a dollar off regular island cost for fuel. This is due to the tax not being included for a municipality. During the joint Selectmen & FinCom budget hearings for FY2013 the boards both recommended using part of the fuel budget for the police department at the VTA.
The Fire department and Tri Town Ambulance are also looking into saving the Town of Chilmark money by partaking in the Fuel State Contract as well.
The Selectmen have a Release & Indemnification Agreement to sign before the departments are allowed to purchase fuel at the VTA. Mr. Mayhew said he is not in favor of this and that the public sector should not be harming the private sector. The local gas stations would take a considerable income reduction.
Chairman Fenner said that the Indemnification Agreement doesn’t require a particular percentage. Mr. Doty said to ask the Police Depart to purchase no more than 1/3 of their fuel from this source. Mr. Mayhew said that the Tri Town Ambulance and the Fire Department also should not purchase more than 1/3 of their fuel budget from VTA.
Mr. Doty moved to sign the Release & Indemnification Agreement. Chairman Fenner seconded the motion. SO VOTED 2 Ayes, 1 Nay
Mr. Doty moved to ask Police Department to purchase no more than 1/3 of their fuel from the VTA. Mr. Mayhew seconded the motion. SO VOTED: 3 Ayes
Middle Line Road Update:
Chairman Fenner said that the OPM and Architects for the MLR Affordable Rental Duplexes must be notified of the State requirements pertaining to the screens for the rental units.
Mr. Fenner said that the estimate for the screen doors is too high he recommended requesting more quotes for 12 screen doors and postponing the decision till quotes are reviewed. Mr. Doty said he would work with Chuck Hodgkinson on this.
Selectmen's Representative for MV Commission:
The consensus of the Selectmen was that the MV Commission representative will need to be found. The Selectmen are already committed to many hours in representing the town of Chilmark in various committees as well as being the Selectmen. Mr. Doty recommended to post to the towns web page and in various posting areas around Chilmark.
Mr. Carroll said there are openings also in the Housing Committee, Community Preservation Committee, and Conservation Committee.
Fire Department Storage Box:
Selectmen Doty asked if the Fire Department has a schedule for painting and screening the storage box located beside the Town Hall and Cross Road Fire station. Mr. Doty moved to ask the Fire Association to paint the storage container with a dull color green / grey and to install stockade fence screening. Mr. Mayhew seconded the motion. SO VOTED: 3 Ayes
Harbor Floats:
Chairman Fenner said he would like a maintenance schedule written out for the harbor to maintain the floats. For instance the tightening of the bolts should be done each ¼ for the first two years he believes this has yet to be done. Having a schedule posted will aid in accomplishing the maintenance of town property.
Chairman Fenner moved to adjourn. Mr. Doty seconded the motion. SO VOTED: 3 Ayes
Meeting adjourned at 9:52 pm.
Minutes respectfully submitted by Diana DeBlase. Approved 5/01/12
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