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HomeMy WebLinkAbout2002-03-19 COMMUNITY PRESERVATION COMMITTEE MINUTES - MARCH 19, 2002 A meeting of the Community Preservation Committee was held on March 19,2002 at 3 :30 PM in the Land Bank Room, 22 Broad Street, Nantucket, MA. Members present were: Barry Rector, Chair, Patricia Butler, Vice-chair, Polly Miller, Frank Spriggs, Rich Brannigan, and Ken Beaugrand. Alice McWade, Administrative Assistant for CPC, and Christine Silverstein, representing Nantucket Sustainable Development Corporation were also present. Members Norman Chaleki and Neville Richen were absent. I. The meeting was called to order at 3 :45 PM, and a quorum was established. II. The agenda was approved. III. The minutes of January 23, 2002 and February 27,2002 were approved. The correction to the Minutes of January 9,2002 was circulated and approved. IV. Alice McWade, CPC's Administrative Assistant, was introduced and welcomed. Alice can be reached at 228-8741 and lor ali@nantucket.net. The following copies of correspondence and related documents were circulated: ( 1. Habitat for Humanity Nantucket Supporting Information for Proposed Warrant. 2. Nantucket Housing Authority letter to Barry Rector, Chairman (3/7/02) ( & attachments) as well as "Rationale for the Housing Office" on NHA letterhead to replace 3/7/02 letter in content. 3. E-mail from Margaret Booker to Barry Rector (3/1/02 & 3/4/02) re: Preservation Expo May 18 and e-mail from Carol Hall, The Trust for Public . Land. 4. Community Preservation Committee letter to Executive Office of Environmental Affairs Mr. Gaertner dated February 27,2002 from Barry Rector Chairman with attachments. 5. Draft of "Project Status Report". V. Public Comment Christine Silverstein, representing Nantucket Sustainable Development Corporation (NSDC), distributed a summary of expenses relative to NSDC's application to CPC for $15,000, which was previously approved. ( The format of Christine's summary was commended. It clearly demonstrates the type of summary CPC wants from all its applicants the consensus was that this {jvc f'~ \ C:f'C -.3\ ltll \ce.- ( VI. (, VII ( summary could be used as a model for other applicant's. It was agreed that additional documentation and substantiation ofNSDC'S expenditures, ie a breakdown of the I & M costs for the printing, advertising, and insertion of the rental survey in the paper would be required. A discussion regarding the intricacies of administrating the Town budget and how that affects the CPC budget ensued. CPC's administrative fund for the fiscal year 2001 - 2002 has had few deductions thus far. Sufficient funds are available in the administrative fund to authorize the appropriation of $15,000 to NSDC during this fiscal year. After further deliberation, upon a motion duly made and seconded, it was VOTED: To appropriate $15,000 to NSDC in accordance with the previous approval of the NSDC's request for funds, provided CPC receives documentation ofNSDC's expenditures totaling $15,000.This would include a bill to CPC for $15,000 with backup attachments of the Consultant's cost proposal, the study prepared, the handout submitted today, and the I & M costs breakdown. It was agreed by all present that no public statements regarding expenditures would be made until after Town Meeting. National Historic Preservation Week - Request for Presentation on 5/18 The content of the handout (3), e-mail between Barry Rector and Margaret Booker, at the Egan Institute was discussed. Margaret Booker would like a representative from CPC to make a presentation regarding the CPA on Saturday, May 18 between 10 AM and 4:00PM. The presentation will only take about ten minutes. It was agreed that Barry Rector, as Chairman of CPC, would represent CPC. Pat acknowledged that she would also be there. Margaret Booker would like to have the exact time the CPC representative will be speaking in their printed brochure. She will need to be contacted regarding the time. Town Meeting Update: A discussion about the changes made in the language ofCPC's Warrant Article 33 by Town Council, Paul DeRensis, ensued. Attention was called to handout (4); CPC Chairman Barry Rector's letter dated February 27, 2002 to Mr. Gaertner at the Executive Office of Environmental Affairs. To date no reply has been received. The issue of these last minute changes regarding the requirement of deed restrictions from applicants was discussed at length. It was suggested that the holding agency for the deed restrictions might have been changed from the Board of Selectmen to the Nantucket Preservation Trust and the Nantucket Housing Authority to avoid the necessity of a 2/3 vote. Emily Avery's hard work in assisting with the language for the article, which was followed almost exactly by the Finance Committee, was acknowledged and appreciated. The last minute timing of Town Council in making these changes and the lack of (jnc ~ ~ cfC <3\tq\03- precedent regarding the necessity of deed restrictions was discussed. Paul DeRensis was one of the main individuals associated with writing the Community Preservation Act therefore the hasty last minute addition of deed restrictions is even more perplexing. It was agreed that the placement of deed restrictions would create more expenses for the applicant. The members felt caught in the middle and believes the applicant's had a right to know this requirement from the beginning of their application process. Project managers will, if they haven't already, notify applicants ofthe language change to the Article and its effect on their entity. The consensus was that even if new ground were being broken it would be best to settle this matter at a State level. Whether a restriction could be placed on an entity with no physical structure, such as the Nantucket Housing Authority, and whether that prevents them from being a recipient was discussed. A course of action for amending the article to return the $9,500, separated to pay the Preservation Trust, back into the Administrative Fund was discussed. The main concern was that passing of the article not be jeopardized There were a number of suggestions as to how this could be addressed. It was agreed that theAdministrative Fund for 2001 - 2002 had sufficient funds to allocate $9,500 to the Preservation Trust. Frank Spriggs will discuss making a technical amendment to Article 33 on Town Meeting floor to place the $9,500 back into the 2002-2003 Administrative Fund with Connie Voges. ( The issue regarding setting a precedent by requiring deed restrictions was discussed. It was agreed no precedent would be set this year since the requirement was not part ofCPC's original article. The resolution ofthis matter will probably be an issue between the EOEA and the DOR. If that is the case next year CPC can show Town Council that decision. VIII . Review of Applicant Bulletins for A TM The necessity of having a one-sheet summary for each project available at Town Meeting was considered. It was agreed that such a summary would be required before Town Meeting. If the article is called the summaries will be copied and handed out the next evening. The summary can also be used for the press. The descriptions of the projects CPC approved were vague in the Warrant. A brief discussion ensued regarding more elaboration about projects next year. Concern was expressed that increased language might provide an opportunity for someone to alter and/or delete text that could change the scope of the projects in nature. A consensus was reached that next year CPC would be more attentive to releasing information about the projects before Town Meeting. ( IX Follow-up Discussion with Applicants & CPC Contacts (J11c P:) 3 Cf'C a\tq\ce.... Rich prepared a draft for the Project Status Report (5). Included is an area for a disbursement schedule as well as a signature section for project completion. While many copies (3/4) will be distributed, it was agreed the only signed original would be the file copy. It is believed the form will work perfectly with a couple of minor clerical changes. X Discussion about CPC sponsoring visit by State CPA Representative (update) Carol Hall, Field Representative - The Trust for Public Land. The e-mail handout (3) between Barry Rector and Carol Hall, Field Representative from The Trust for Public Land states she would be happy to come and meet with the CPC at their June meeting. XI New Business There was a discussion about Pat Butler's appointment by the HDC to the CPC and whether she will remain its representative, though no longer on the Commission. If a change occurred with no transition period, removing Pat from the CPC immediately, sadness regarding her departure was expressed. Further investigation into the State regulations about this will occur after elections. r Since the school vacation is the week of April 15 it was agreed to meet on the 23rd. Upon a motion duly made and seconded it was VOTED: to adjourn the meeting, 5:35 pm. Respectfully submitted ~ Th(w~k Alice Mc Wade, Administrative Assistant CPC ( orN' ~ 4 C-f'C a \ l 't \ 08.-