Chilmark Board of Selectmen Minutes August 2, 2005
People in attendance: Frank M. Fenner Jr., J. B. Riggs Parker, Warren Doty, Tim Carroll, Leslie Weiss, Pam Bunker, Jane Slater, Andy Goldman, Chief Tim Rich, Jane Greene, Chris Murphy, Steve Schwab, Russell Walton, Dennis Jason, Norman Freed, Brian Hefler, Ian Fein and forty nine members of the public.
7:00 p.m. annual joint meeting with the Chilmark Town Affairs Council in the Community Center was called to order by Chairman Frank Fenner and Chairman Walter Epstein.
Chilmark Town Affairs Council Open Meeting
Public commended the Squibnocket beach staff for good parking of cars to maximize space. They asked about the time line for the Plan for Middle Line Road affordable housing. Two people questioned the high number of police officers in Menemsha and asked about the ratio to residents. Chief Rich said that only four officers were full time and the rest was summer help. There was a discussion about bicycle safety on our roads. Mr. Tilton asked the Selectmen to investigate a culvert to divert water into the head of the harbor by the Galley Restaurant to improve the water quality and reduce the stench caused by rotting krill that was deposited there. There were questions on the way recycling was handled and why recycling was put in the same
dumpsters as the municipal solid waste. Mr. Fenner explained that it was cheaper to have the recycling materials sorted off island at a special facility than to handle it on island. There was a question about ancient ways.
The Selectmen adjourned this meeting to the Town Hall. At 8:45 PM the meeting was reconvened with the Selectmen, Executive Secretary, Police Chief, Chairperson of the Personnel Board, the Selectmen’s representative to the MV Commission and a reporter in attendance.
Police
Summer Officer Overtime
Chief Rich requested the Selectmen reconsider their adoption of the (k) exemption to the Fair Labor Standards Act and pay overtime to summer/seasonal police officers that work more than forty hours in a given week. He reported that it was creating a negative impact on morale in the department by taking away the Over-time that was paid last summer to the summer/seasonal police officers and that the average cost to the town would only have been $225.73 a week.
Mr. Doty moved and Mr. Parker seconded a motion to make summer/special police officers eligible to receive overtime when working in excess of forty hours a week. SO VOTED: Three Ayes.
Paving of Parking Area
Chief Rich requested a $14,000 warrant article to pave and grade the front of the police station. He said that the terrain is not safe in the dark. Mr. Fenner took the request under advisement and asked Chief Rich to speak with the Historical Commission. He said it could be discussed again at the August 16th Selectmen’s meeting.
Sign
Mr. Doty asked what the status was of having a suitable road side sign installed for the police station. Chief Rich was working with the Superintendent of Streets to erect two blue metal reflective signs on the inside of the fence so they would be visible from either direction. Mr. Carroll asked that he speak to the Building Inspector about the sign placement.
Handicapped Space at end of North Road
Chief Rich suggested a new handicapped parking space at the end of North Road across from the Galley Restaurant in the existing yellow no parking zone. Mr. Parker moved and Mr. Doty seconded a motion to designate the left portion of the yellow zone across from the Galley a handicapped parking space, with a symbol painted on the asphalt and a short sign post in front of the space. SO VOTED: Three Ayes.
North Road Fog Lines
Chief Rich told the selectmen that he agreed with the Superintendent of Streets desire to paint fog lines on North Road to improve traffic safety. Mr. Doty was opposed to changing the character of the road. The Selectmen took this under advisement.
Use of Personal Floatation Devices
Mr. Fenner reported that Chief Rich had asked the Selectmen to have a policy requiring all town employees to wear appropriate PFDs when on any boat. Mr. Carroll reminded the board that there was such a policy in place since the drowning death of the Oak Bluffs Shellfish Constable, and that it was a condition of receiving the gift of inflatable PFDs for our Harbor Master and Shellfish Constable.
Mr. Carroll reported that he had reminded the Harbor Master and Shellfish Constable of the policy this June after the drowning of the charter captain in Vineyard Sound. Chief Rich said that he was moved to make this request when he was present for the arrival of the deceased charter captain and he saw the town harbor boat go by with the newest employee not wearing a PFD.
The Selectmen agreed that the policy should be obeyed. Mr. Parker said that the Harbor Master was looking into buying suspender style PFDs for the staff.
Dog Officer
Mr. Doty asked Chief Rich to have the Bicycle Officer and Traffic Officers assigned to Menemsha help enforce the “no dogs on the beach” and “all dogs must be on a leash in Menemsha park” rules. Chief Rich agreed to have his officers cooperate and help enforce these rules. Chief Rich asked to have the Harbor Department inform all boaters of the rules when they arrived with dogs also.
Jane Greene raised concerns that she and the Personnel Board had with the overtime situation that could be created if the Dog Officer job was given to an existing employee that has applied for the position.
Mr. Fenner asked to have Mr. Carroll investigate the regulations for a dog pound. There was general discussion about finding a person to take over the dog officer job by Sunday when Mr, Emin would no longer be able to provide coverage. Mr. Chris Murphy volunteered to cover the position for a month if the Selectmen promised to work aggressively to fill the position. He said he was not interested in the job permanently and that he was going to be away in the first half of September. The Selectmen agreed.
Mr. Fenner said that he was not interested in growing this position and calling it Animal Control Officer. Mr. Fenner said he wanted to look into contracting with a commercial kennel to provide the function of a town pound. Ms. Greene said that the Selectmen should request the Personnel Board rescind their action renaming the position. Mr. Fenner said that the Personnel Board should look into what grade the Dog Officer should be paid. Ms. Greene asked what changes he would like to the Dog Officer’s position description and Mr. Fenner said none.
Mr. Parker moved and Mr. Doty seconded a motion to ask the Personnel Board to reconsider the name of the position description and to review the job description. SO VOTED: Three Ayes
Mr. Parker moved and Mr. Doty seconded a motion to appoint Chris Murphy Assistant Dog Officer on the same terms and conditions as Keith Emin was appointed. SO VOTED: Three Ayes.
Personnel Board
Benefits Tracking
The Personnel Board recommended hiring ADP to track benefit days for employees. Mr. Parker moved and Mr. Doty seconded a motion to use ADP to track employee benefits. SO VOTED: Three Ayes.
Payroll Cycle
Ms. Greene reported that after a lengthy and exhaustive investigation the Personnel Board recommend keeping the weekly payroll cycle. Mr. Doty moved and Mr. Parker seconded a motion to keep a one week payroll cycle. SO VOTED: Three Ayes.
Weekly Time Sheets from Exempt Employees
Ms. Greene said that on the advice of labor counsel, the Personnel Board was recommending that all employees submit weekly time sheets stating the hours they actually worked for the town. Mr. Fenner asked who wasn’t submitting those now. Mr. Carroll said that the Building Inspector, Chief of Police, Library Director and himself were not submitting hourly time sheets as exempt and salaried employees. Ms. Greene said it was to protect the town from exposure to possible future claims by the exempt employees. Chief Rich asked Ms. Greene what he should put on his time sheet since he is on duty 24 hours a day and is called at home and stopped on the street for town business. He asked what this was being created in response to and asked what the
motivation was for the current tone to personnel issues.
The Selectmen discussed this recommendation. Mr. Parker moved and Mr. Doty seconded a motion to not require the exempt employees to submit time sheets weekly, but to require them to submit a sheet weekly saying if they had used any benefit time. SO VOTED: Three Ayes.
Harbor
Mr. Parker said that the Harbor Advisory Committee looked favorably on the use of floating docks to replace the west dock if it was financially desirable.
Slip Assignments &Waiting List
Mr. Parker asked the Selectmen if they had any questions on the assignments and waiting list. Mr. Doty moved and Mr. Parker seconded a motion to approve the Slip Assignments and Waiting List as printed. SO VOTED: Three Ayes.
Mooring List
Mr. Parker reported that the Mooring Waiting List was now on the web page, that the Harbor department is patrolling the pond to enforce the requirement of stickers.
Chris Murphy
Culvert in Menemsha
Mr. Murphy said that Mr. Tilton’s idea should not be dismissed out of hand and that it could make a positive difference. He suggested asking Mr. Tilton if he might fund a study.
Tisbury Lagoon Drawbridge
The Selectmen agreed that the drawbridge is a regional issue that should be addressed as such by the MV Commission. They asked Mr. Murphy to make that case to the MV Commission.
Mooring Complaint
Mr. Murphy said that last winter his mooring tackle was stolen from the town landing at Hariph’s Creek and he forgot to renew his permit. He read in the newspaper that the deadline was coming for reapplying for permits and he was told he was too late by the Harbor Master when he reached him. Mr. Murphy asked the Harbor Master to be on the agenda of the next Mooring Assignment Committee meeting. The committee met and he was not invited to the July meeting. He said he was not upset at losing his mooring, but with how it was done. He said it was rude. He said he should have been called and told to pay his license. He said this is a small town and that was not how to run a community. He said we should be trying to build a
sense of community not creating ill will or being hurtful of people who have lived here a long time. He said that the Town Clerk reminds him to renew his dog license and the Executive Secretary reminds him to pay his lease, and he asked why the Harbor Master can’t make a phone call to people. He said that the Edgartown Harbor Master calls people before removing them from their list.
Mr. Parker said it wasn’t the same as a dog license, no one is waiting for his dog license and many people are waiting for a mooring assignment. He said that those on the waiting list deserved enforcement of the rules. He said there were 200 mooring permits and the harbor department has a big job to enforce it. He said the town could hire additional staff to call people.
Mr. Murphy said there should be a rule to call everyone prior to bumping someone off the list. He said to not do that is rude. Mr. Parker said that the enforcement of the regulations is not rude. Mr. Murphy said that making a phone call is not a big commitment of time and is worth the effort.
Mr. Fenner said that he would be more inclined to agree with Mr. Murphy if the town was doing this quickly, but that in fact it was a two year process. Mr. Murphy said that it was only one year and he had not received an application form this year. Mr. Fenner said he wanted to protect the small town feel also. Mentioning that he was not the only one to lose a mooring permit this year and that an active Firefighter and EMT was denied their permit also, Mr. Murphy said that town volunteers should be given at least the benefit of a phone call.
Mr. Parker said that they were looking into moving the application process to the fall and make the permits calendar year.
Generator
Mr. Parker moved and Mr. Doty seconded a motion to approve the Middle Road location of the emergency generator and buried propane tank for the town hall and fire station and the use of $7,000 from the Town Hall Building Committee capital project funds. SO VOTED: Three Ayes.
Plan for Middle Line Road
Mr. Doty reported that the sub committee was reviewing a sample RFP and marking it up for town counsel to change.
Vagelos
The Selectmen did not favor the creation of a raised flower bed in the town layout of North Road.
MV Community Services
Mr. Doty moved and Mr. Parker seconded a motion to authorize the 18th annual Challenge sail from Menemsha Beach on September 18th at 10 AM. SO VOTED: Three Ayes.
Meeting adjourned at 10:42 PM
APPROVED: August 16th 2005
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