Town of Aquinnah

BOARD OF SELECTMEN
MEETING MINUTES
September 3, 2019
MINUTES

Attendance: Gary Haley, Juli Vanderhoop, Jim Newman, Sarah Thulin, Randhi Belain, Paul Manning, Heidi Vanderhoop, Keith Chatinover, James Lengyel, Jeff Madison (Town Administrator).

At 4:03 p.m. the meeting was called to order by Chairperson Juli Vanderhoop

Minutes
(Approved: August 6, 2019 minutes)
The Board approved the minutes of August 6, 2019 as submitted.

Martha’s Vineyard Land Bank
(Approved submittal of Motion to Vacate)
James Lengyel, Director of Land Bank, explained an outstanding issue related to the Land Bank’s purchase of land near the Cliffs being shown of Assessor’s Map 6, Lot 24 (part of Set-Off Lot 48). According to Mr. Lengyel the Town foreclosed the rights of redemption on the lot in a tax taking from Charles Vanderhoop. According to a review of title Mr. Vanderhoop never owned the lot. It is necessary to file a Motion To Vacate the Order of Taking in the Land Court in order to clear the title issue. Mr. Lengyel said that if the Town agreed to allow the motion to be filed, the Land Bank would pay any legal/court fees related to the filing. Julie moved and Jim seconded a motion to allow the filing of a Motion to Vacate in the Land Court. The Board approved the motion unanimously.

Assessor Appointment
(No action taken)

Special Town Meeting Warrant
(Approved a Special Town Meeting in October)

CVEC
(Voted to Join CVEC)
Liz Argo from the Cape & Vineyard Electric Cooperative made a presentation to the Board in which she indicated the intent to bring anticipated projects forward that include installation of EV charging stations at the Town Hall and Aquinnah Circle, solar arrays at the Landfill, Fire Station and Town Hall. It was also pointed out that the Schedule Z indicated that the current solar array at the Landfill is producing more electricity than is being used by the Town resulting in a credit of generated power. It was decided that CVEC would look to add the Vanderhoop Homestead and street lights to the Schedule to lessen the charges for those accounts.

CHURCH STREET TRAFFIC
(No action taken)
Heidi Vanderhoop addressed the Board with a request that additional speed bumps and signage be considered on Church Street. She informed the Selectmen of an incident where her family pet was hit by a hit-and-run driver. Gary suggested that the Town adopt a weight limit for the road and post a speed limit. Chief Belain said he didn’t think the Town could legally enforce a speed limit on the road. There was discussion of the impact of the recommended changes on other landowners who use the road. Randhi suggested the possibility of change the road to one-way. It was agreed that the issue would be revisited at the Selectmen’s Meeting scheduled for September 15.
PAINT CURB OUTSIDE RESTROOMS
(No action taken)

RESIGNATION FROM LOCAL ADVISORY BOARD
(Accepted the resignation of Carlos Montoya)
Town Administrator read a resignation letter submitted by Carlos Montoya from the Local Advisory Board to the Martha’s Vineyard Land Bank. Mr. Montoya indicated that he would agree to remain on the Advisory Board until October 7, 2019. The Board regretfully accepted the resignation.

TRUCK SALE
(Agreed to advertise sale of sander and highway truck)
There was discussion of selling two trucks formerly used by the highway department that are no longer in use. The Board voted to allow advertisement for sale.

SWOLINSKY LITIGATION
(Agreement to hire counsel)
After discussion on the letter sent to the Selectmen the Board voted to authorize the Town Administrator to sign a representation agreement with Seth Barnett of Pierce, Davis & Perrotano to defend against the latest suit by Wendy Swolinsky in which she seeks payment for the shack previously occupied by Alfred Vanderhoop. Seth Barnett represented the Town in the prior action by Swolinsky that was dismissed by the Court.

MVC LETTER
(Accepted receipt of letter from MVC re: Tribal Casino)
The Martha’s Vineyard Commission (MVC) sent a letter as required under their rules that denied the permit for construction of a casino on lands owned by the Wampanoag Tribe of Gay Head (Aquinnah). The letter forbids the Town from issuing any permits related to the casino project.

WEST BASIN GRANT PROPOSAL
(Approved submission of grant)
The Town Administrator informed the Selectmen that he was working with Gisele Gauthier, with permission and at the request of the Harboarmaster/Shellfish Warden, to prepare and submit a grant that if approved will fund repairs to the boat ramp at West Basin. The Board approved the submission.

APPROVAL OF TOWN BY-LAWS
(Authorized Atty. Rappaport to notify Atty. General)
Town Administrator informed the Board of a request from the Commonwealth’s Attorney General of Town Counsel to extend the time allowed for the A.G. to approve by-laws passed at the Annual Town Meeting in May. Board authorized the Town Administrator to convey their approval of the AG’s request to Ron Rappaport.

SUBCOMMITTEE ON CENSUS
(Appointed Town Administrator)
Keith Chatinover addressed the Board of the formation of an ad-hoc committee comprised of Town Administrators who will work at the County level to improve census taking. The Board agreed to appoint the Town Administrator to the committee.

STEAMSHIP SCHEDULE
(Authorized the Town Administrator to notify Steamship Authority)
After reading a letter from Jay Grande, from Tisbury, the Board authorized the Town Administrator to notify the Steamship Authority of the Board’s support for maintaining the early ferry from Woods Hole to Vineyard Haven.

BLUE PLANET
(Approved flying the Blue Planet Flag at Town Hall and Cliffs)
The Board heard from Mitzi Pratt who requested that the Town participate in celebration of a Blue Planet protest on September 20. A celebration is being planned to conduct and Island-wide protest in support of a nationwide effort to call attention to climate change. Ceremonies would be conducted at the Aquinnah Circle at 7:30 a.m. to kick off the Island-wide event. Blue Planet flags would be flown on flag poles at the Cliffs as well as the Town Hall for one week. The Selectmen approved the proposal.

HAM RADIO EVENT
(Approved allowing annual use of Aquinnah Lookout)
Julie proposed that Dale Clemens be allowed to use the Aquinnah Headlands for his annual participation in the Ham Radio broadcast. Board voted to allow.

MONTHLY FINANCIAL RECONCILE OF DEPARTMENT BUDGETS
(Approved to request of Accountant)

ODOR AT OXCART ROAD
(No action taken)
Jim asked whether the source of the odor emanating from the Oxcart Road area of Town had been identified. Gary said that the odor was coming from a particular kind of seaweed that was washing ashore at areas of the North Shore between Lobsterville Beach and the Cliffs. He was sure of his finding after walking the beach below the cliffs and smelling the odor in areas where there were unusually heavy concentrations of seaweed. No action was taken.

LIFESAVING RING AT PHILBIN BEACH
(Decision to hold off until next season)
There was a discussion of locating lifesaving equipment at Philbin Beach that was suggested at the meeting with taxpayers earlier in the season. The Town Administrator informed the Board that he had discussed installation of a pole at the end of the boardwalk at Philbin on which a lifesaving ring and rope would be hung. The equipment had been ordered but not received A sign was also ordered that would warn users of the beach that there is no life-guard on duty. It was decided to postpone installation until next season.