The URL can be used to link to this page

Home My WebLink About2002-11-19 CI.community II Preservation R Committee REGEIVEO TOWN CLERK'S OFFICE N'" '''''' ""'~'<r:T. MA 02554 AUG 0 4 2003 16 Broad St Nantucket, MA 02554 TIME: CO."\' l"ttESER'IAHQ" COMMtTfEE MINUTES - TUESDA Y- NOVEMBER 19, 2002 A meeting of the Community Preservation Committee, CPC. was held on Tuesday, November 19, 2002 at 2:30 pm at the Nantucket Land Bank 22 Broad Street, Nantucket, MA. Present were: Barry Rector, Chair, Pat Butler, Vice Chair, Ginger Andrews, Ken Beaugrand, Rich Brannigan, Polly Miller, Frank Spriggs, and Alice McWade, Administrative Assistant. A quorum was established and the meeting was called to order at 2:45 PM. Upon a motion by Mr. Spriggs, seconded by Ms. Butler, the agenda was approved. PUBLIC COMMENT No public comments were raised at this time. Approval of Minutes: Upon a motion by Mr. Spriggs, seconded by Mr. Beaugrand, it was unanimously VOTED (7-0) "to approve the minutes of September 25,2002, October 8,2002, and October 9,2002 as written." Nantucket Parks & Recreation Commission A letter was received from James Manchester, Director of the Nantucket Parks & Recreation Commission, requesting that the Skateboard Park be deleted from their Winter Park application. Copies of the letter were distributed to the Committee members. The Wmter Park application request is therefore reduced to $200,000. DISCUSSION OF APPLICATIONS OPEN SPACE Nantucket Board of Selectmen One Big Beach, Once and for AD Ginger Andrews passed out copies of an e-mail she had received from Chris Saccardi, Community Preservation Coalition. This is their Counsel's response regarding general appropriations of CPA funds. A copy of the e- mail is attached hereto and incorporated herein. The e-mail states (as excerpted): " An appropriation of CPA funds for the general purpose of acquiring real property interest necessarily results in the actual decisions about which real property interests to acquire with such funds being delegated and made outside of the process prescribed by the CPA. One must assume that the legislature created the process it did for a reason - the creation of an expert committee to study needs and to prioritize projects, and restricting the legislature to appropriations only for projects recommended by the committee, appears to have been an attempt to create an informed, deliberate, and objective process for evaluating the optimal use of CPA funds and for spending such funds. To interpret the CPA as permitting general appropriations would make this process irrelevant and, therefore, I believe such an interpretations is inconsistent with the intent of the Act." 1 '. '" The application does not contain the following information;. specific parcels to be affected, whether they would ~ be contiguous or non-contiguous, how access would be obtained to parcels (granting easements over parcels not granting easements), research determining how many property owners (what percentage) are agreeable to granting an easement of this type, as well as, how parking issues would be addressed. The application does indicate that the majority of the funds would be for administrative and legal expenses. Upon a motion made by Mr. Brannigan and seconded by Mr. Beaugrand, itwas VOTED: (6-0-1, Mr. Spriggs abstaining), "To remove this application from further consideration at this point in time because it is too vague and fails to specify which parcels are to be affected." Nantucket Land Council, Inc. Conversation Restriction - Bartlett's Farm Polly Miller sought clarification from Linda Holland regarding the future possibility of a golf course being housed on the subject property and whether it would be restricted to public use, or become a private club. Phil Bartlett was not on island and no answer regarding this issue was received from the Nantucket Land Council. The fact that CPA funds are derived from public tax revenues was noted. On this issue, the Committee heavily weighed the issues of benefit to the public and the use of the land for the future welfare of Nantucket. The Committee also noted that in the future, if raising enough revenue to purchase the restriction proved unsuccessful, perhaps the Bartlett Family would be willing to renegotiate this matter and consider an agricultural restriction. A motion was made by Ms. Andrews and seconded by Mr. Spriggs to allocate $300,000 to the Nantucket Land Council, Inc. towards the purchase of the Conservation Restriction for Bartlett's Farm as requested in the NLC application. The CPC VOTED (1-6), Ms. Andrews assenting, on allocation ofFY04 funds for this application. The motion did not pass. Point of Order Ken Beaugrand made a point of order that the CPC needs to allocate 10% of the FY04 funds for Open Space before any recreational applications could be approved. Upon a motion duly made and seconded, it was unanimously VOTED (7-0)" To recommend allocation of 10% of the FY04 CPA funds to be placed in reserve for Open Space." Nantucket Parks & Recreation Commission Coffin Park: Upon a motion by Mr. Beaugrand, seconded by Mr. Spriggs, it was unanimously VOTED (7-0)" To recommend allocation of $38,000 ofFY 04 CPA funds for this project." Nantucket Parks & Recreation Commission Winter Park: Upon a motion made by Mr. Spriggs, seconded by Ms. Miller it was unanimously VOTED, (7-0) "To recommend allocation of$200,000 ofFY04 CPA funds for this project." AFFORDABLE HOUSING Habitat for Humanity Nantucket, Inc: Upon a motion made by Mr. Beaugrand and seconded by Ms. Miller, it was unanimously VOTED (7-0) "To recommend allocation of $45,000 ofFY04 CPA funds for this project." Nantucket Board of Selectmen Affordable Housing Infrastructure Fund: Upon a motion made by Mr. Beaugrand, seconded by Ms. Miller, it was VOTED (5-1-1, Ms. Andrews dissenting, Mr. Spriggs abstaining) "To recommend allocation of $200,000 ofFY04 CPA funds for this project." Nantucket Board of Selectmen Town Employee & Resident Housing on Town Land: Upon a motion made by Mr. Brannigan, seconded by Mr. Beaugrand, it was VOTED (5-1-1, Ms. Andrews dissenting, Mr. Spriggs abstaining) "To recommend allocation of $70,000 of FY04 CPA funds for this project." 2 '" Nantucket Human Services Center, Inc. Nantucket Human Services Center: Upon a motion made by Ms. Miller, seconded by Mr. Beaugrand it was unanimously VOTED (7-0) "To recommend allocation of $100,000 ofFY04 CPA funds for this project." Nantucket Housing Office Nantucket Housing Office-Year Two: Upon a motion made by Mr. Spriggs, seconded by Ms Miller, it was VOTED, (3-3-1, Ms. Andrews, Mr. Brannigan and Ms. Miller dissenting, Mr. Beaugrand abstaining):"To recommend allocation of $280,000 ofFY04 CPA funds for this project." The motion did not pass. After further discussion, upon a motion made by Ms. Butler, seconded by Mr. Spriggs, it was VOTED, (6-1-1, Ms. Andrews dissenting, Mr. Beaugrand abstaining,) "To recommend allocation of $275,000 ofFY04 CPA funds for this project." The CPC is recommending partial funding for Rent at $12,000. Additionally, the CPC does not recommend funding the following items requested: $15,000 Contracted Services, and $50,000 Project Development - seed funding. Nantucket Housing Office -House Relocation Program: Upon a motion made by Mr. Spriggs, seconded by Ms. Butler, it was VOTED (6-1-1, Ms. Miller dissenting, Mr. Beaugrand abstaining),"To recommend allocation of $284,500 ofFY04 CPA funds for this project." Nantucket Housing Office - Funding of Down-payment Assistance & Gap Financing for Housing for Year-round Residents: Upon a motion made byMr. Brannigan, seconded by Mr. Spriggs, it was VOTED (4- 2-1, Ms. Andrews and Ms. Miller dissenting, Mr. Beaugrand abstaining)," To recommend allocation of $50,000 ofFY04 CPA funds for this project." Nantucket Housing Office - Revolving Loan Fund for Rehabilitation/Code Improvements: Upon a motion made by Mr. Brannigan, seconded by Ms. Butler it was VOTED (1-5-1, Mr. Brannigan assenting, Mr. Beaugrand abstaining) "To recommend allocation of $25,000 ofFY04 CPA funds for this project." The motion did not pass. Sherburne Commons, Inc: Upon a motion made by Mr. Beaugrand, seconded by Ms. Miller, it was unanimously VOTED (7-0)"To recommend allocation of $50,000 ofFY04 CPA funds for this project." OLD BUSINESS No old business was raised for consideration at this time. NEW BUSINESS No new business was raised for consideration at this time. ADJOURNMENT Upon a motion made by Mr. Spriggs, seconded by Mr. Beaugrand, it was VOTED to adjourn this meeting for the day. The next meeting is scheduled for Wednesday, November 20, 2002 at 2:30 pm at the Land Bank. The meeting adjourned at 5:20 pm. ~spectfully submitted by, / P~v~\N~ lAYice McWade, Administrative Assistant 3 Ginger Andrews From: To: Sent Subject: "Christopher Saccardi" <Christopher.Saccardi@tpl.org> <ginger@nantucket.net> Tuesday, November 19, 200212:15 PM Response to your question Hi Ginger, "ve pasted the response from our Counsel below. Please feel free to call me with any questions. Good lucid Chris This is yet another area where the express language of the CPA isn't as clear as it could be. One could make the argument that the CPA doesn't expressly prohibit a general appropriation of CPA funds for the acquisition of preservation restrictions and that the language is sufficiently vague to permit such a general appropriation. The Committee is required to make reQOmmendations for the acquisition, preservation, creation, rehab, restoration and support of open space, historic resources and community housing, and the legislative body is required to appropriate, or set aside for later appropriation, at least 10% for open space, historic resources and community housing. These recommendation and spending requirements could arguably be satisfied with a recommendation and appropriation for acquisition of open space generally as opposed to for a specific parcel. Even though the OOR guidance refers to recommendations for projects, one could argue that "project" could include an appropriation for a general land acquisition program. Having said all of that, I believe the better view is that the Act requires appropriations for specific projects, which, in the context of the acquisition of real property interests, means specific parcels. To read the CPA otherwise would tum the project approval structure created by the Act on its head and would be contrary to the spirit of the Act. The Act requires the establishment of a committee to study, evaluate and prioritize CP needs and to make recommendations to the legislative body, which is restricted to such recommendations in appropriating funds. OOR guidance describes the role of the committee as analogous to a capital improvement committee which prioritizes a list of short-term and long-term capital projects. The committee is explicitly permitted by the Act as interpreted by OOR guidance to recommend (and the leg. body to appropriate) funds for projects, and if, as one OOR bulletin describes it, the committee does not recommend "particular projects" for funding, it may recommend setting aside funds for specific projects or for a general category of CP purposes to be recommended and appropriated La5'" J. uJ.... 11/19/02 for a specific purpose at a later date. An appropriation of CPA funds for the general purpose of acquiring real property interests necessarily results in the actual decisions about which real property interests to acquire with such funds beiflg delegated and made outside of the process prescribed by the CPA One must assume that the legislature created the process it did for a reason - the creation of an expert committee to study needs and to prioritize projects, and restricting the legislature to appropriations only for projects recommended by the committee, appears to have been an attempt to create an informed, deliberate, and objective process for evaluating the optimal use of CPA funds and for spending such funds. To interpret the CPA as permitting general appropriations would make this process irrelevant and, therefore, I believe such an interpretation is inconsistent with the intent of the Act. As always, each individual city or town should consult its own counsel in considering this question or any other question raised under the CPA. For any community that intends to borrow under the CPA, however, it is our view that the authorization to borrow must be to raise funds for a particular project approved under the Act. "'"'" rRECEI'TT.!'fil I .....- , I i I NOV 1 9 t~~l . I IBY: tJrr (r C p~ 11/19/02 CI II rt Community Preservation Committee 16 Broad St Nantucket, MA 02554 COMMUNITY PRESERVATION COMMITTEE MINUTES - TUESDAY-NOVEMBER 19, 2002 A meeting of the Community Preservation Committee, CPC, was held on Tuesday, November 19,2002 at 2:30 pm at the Nantucket Land Bank 22 Broad Street, Nantucket, MA. Present were: Barry Rector, Chair, Pat Butler, Vice Chair, Ginger Andrews, Ken Beaugrand, Rich Brannigan, Polly Miller, Frank Spriggs, and Alice McWade, Administrative Assistant. A quorum was established and the meeting was called to order at 2:45 PM. The agenda was approved. PUBLIC COMMENT No public comments were raised at this time. Approval of Minutes: Upon a motion duly made and seconded, it was unanimously VOTED (7-0) "to approve the minutes of September 25,2002, October 8, 2002, and October 9,2002 as written." Nantucket Parks & Recreation Commission A letter was received from James Manchester, Director of the Nantucket Parks & Recreation Commission, requesting that the Skateboard Park be deleted from their Winter Park application. Copies of the letter were distributed to the Committee members. The Winter Park application request is therefore reduced to $200,000. DISCUSSION OF APPLICATIONS OPENSPACE . Nantucket Board of Selectmen One Big Beach, Once and for All Ginger Andrews passed out copies of an e-mail she had received from Chris Saccardi, Community Preservation Coalition. This is their Counsel's response regarding general appropriations of CPA funds. A copy of the e- mail is attached hereto and incorporated herein. The e-mail states (as excerpted): " An appropriation of CPA funds for the general purpose of acquiring real property interest necessarily results in the actual decisions about which real property interests to acquire with such funds being delegated and made outside of the process prescribed by the CPA. One must assume that the legislature created the process it did for a reason - the creation of an expert committee to study needs and to prioritize projects, and restricting the legislature to appropriations only for projects recommended by the committee, appears to have been an attempt to create an informed, deliberate, and objective process for evaluating the optimal use of CPA funds and for spending such funds. To interpret the CPA as permitting general appropriations would make this process irrelevant and, therefore, I believe such an interpretations is inconsistent with the intent of the Act." 1 ~c (r"C l\\ I '\10l- The application does not contain the following information; specific parcels to be affected, whether they would .~ be contiguous or non-contiguous, how access would be obtained to parcels (granting easements over parcels not ,\ranting easements), research determining how many property owners (what percentage) are agreeable to granting an easement of this type, as well as, how parking issues would be addressed. The application does indicate that the majority of the funds would be for administrative and legal expenses. Upon a motion duly made and seconded it was VOTED: (6-0-1, Frank Spriggs abstaining), "To remove this application from further consideration at this point in time because it is too vague and fails to specify which parcels are to be affected." Nantucket Land Council, Inc. Conversation Restriction - Bartlett's Farm Polly Miller sought clarification from Linda Holland regarding the future possibility of a golf course being housed on the subject property and whether it would be restricted to public use, or become a private club. Phil Bartlett was not on island and no answer regarding this issue was received from the Nantucket Land Council. The fact that CPA funds are derived from public tax revenues was noted. On this issue, the Committee heavily weighed the issues of benefit to the public and the use of the land for the future welfare of Nantucket. The Committee also noted that in the future, if raising enough revenue to purchase the restriction proved unsuccessful, perhaps the Bartlett Family would be willing to renegotiate this matter and consider an agricultural restriction. A motion was duly made and seconded to allocate $300,000 to the Nantucket Land Council, Inc. towards the purchase of the Conservation Restriction for Bartlett's Farm as requested in the NLC application. The CPC VOTED (1-6) on allocation of FY04 funds for this application. The motion did not pass. l' Point of Order Ken Beaugrand made a point of order that the CPC needs to allocate 10% of the FY04 funds for Open Space before any recreational applications could be approved. Upon a motion duly made and seconded, it was unanimously VOTED (7-0)" To recommend allocation of 10% of the FY04 CPA funds to be placed in reserve for Open Space." Nantucket Parks & Recreation Commission Coffin Park: Upon a motion duly made and seconded it was unanimously VOTED (7-0)" To recommend allocation of $38,000 ofFY 04 CPA funds for this project." Nantucket Parks & Recreation Commission Winter Park: Upon a motion duly made and seconded it was unanimously VOTED, (7-0) "To recommend allocation of $200,000 ofFY04 CPA funds for this project." AFFORDABLE HOUSING Habitat for Humanity Nantucket, Inc: Upon a motion duly made and seconded it was unanimously VOTED (7-0) "To recommend allocation of $45,000 of FY04 CPA funds for this project." Nantucket Board of Selectmen Affordable Housing Infrastructure Fund: Upon a motion duly made and seconded it was VOTED (5-1-1, Frank Spriggs abstaining) "To recommend allocation of $200,000 of FY04 \ CPA funds for this.project." Nantucket Board of Selectmen Town Employee & Resident Housing on Town Land: Upon a motion duly made and seconded it was VOTED (5-1-1, Frank Spriggs abstaining) "To recommend allocation of $70,000 of FY04 CPA funds for this project." 2 ~'- ( (>c \\\llt!<1L- Nantucket Human Services Center, Inc. Nantucket Human Services Center: Upon a motion duly made and . seconded it was unanimously VOTED (7-0) "To recommend allocation of $100,000 of FY04 CPA funds for ,this project." Nantucket Housing Office Nantucket Housing Office-Year Two: Upon a motion duly made and seconded it was VOTED, (3-3-1, Ken Beaugrand abstaining):"To recommend allocation of $280,000 of FY04 CPA funds for this project." The motion did not pass. After further discussion, upon a motion duly made and seconded, it was VOTED, (6-1-1, Ken Beaugrand abstaining,) "To recommend allocation of $275,000 of FY04 CPA funds for this project." The CPC is recommending partial funding for Rent at $12,000. Additionally, the CPC does not recommend funding the following items requested: $15,000 Contracted Services, and $50,000 Project Development - seed funding. Nantucket Housing Office -House Relocation Program: Upon a motion duly made and seconded it was VOTED (6-1-1, Ken Beaugrand abstaining),"To recommend allocation of $284,500 of FY04 CPA funds for this project." Nantucket Housing Office - Funding of Down-payment Assistance & Gap Financing for Housing for Year-round Residents: Upon a motion duly made and seconded it was VOTED (4-2-1, Ken Beaugrand abstaining)," To recommend allocation of$50,000 of FY04 CPA funds for this project." Nantucket Housing Office - Revolving Loan Fund for Rehabilitation/Code Improvements: Upon a motion duly made and seconded it was VOTED (1-5-1, Ken Beaugrand abstaining) "To recommend allocation of$25,000 of FY04 CPA funds for this project." The motion did not pass. Sherburne Commons, Inc: Upon a motion duly made and seconded it was unanimously VOTED (7-0)"To recommend allocation of $50,000 ofFY04 CPA funds for this project." OLD BUSINESS No old business was raised for consideration at this time. NEW BUSINESS No new business was raised for consideration at this time. ADJOURNMENT Upon a motion duly made and seconded it was VOTED to adjourn this meeting for the day. The next meeting is scheduled for Wednesday, November 20,2002 at 2:30 pm at the Land Bank. The meeting adjourned at 5:20 pm. Resp-eetfully submitted by, () l()l1{W~ Allee Me Wade, Administrative Assistant 3 ~c (f'e. n\ lq/lYL