Minutes of the Chilmark Board of Selectmen August 16th 2005
Meeting Called to order by Chairman Fenner at 7:30 PM.
Present: Frank M. Fenner, Jr., J.B.R. Parker, Warren M. Doty, Tim Carroll, Jonathan Revere, Bill Veno, Lois Norton, Larissa and Tim Rich, Steve Gallas.
Minutes of August 2nd 2005 approved as corrected by the board.
Bill Veno came before the board to request the Town of Chilmark support the Martha’s Vineyard Commission’s application to the commonwealth for a “Smart Growth Technical Assistance Grant for 2005”. The grant would be used to prepare sound water-quality guidelines for agency use in reviewing Developments of Regional Impact (DRI).
Mr. Doty moved and Mr. Parker seconded a motion to endorse the MVC grant application in the name of the town. SO VOTED: Three Ayes.
The Selectmen considered a memorandum sent to them by the Personnel Board requesting that the Selectmen reconsider their vote to not require the exempt employees to submit weekly hours worked on a timesheet. Lois Norton told the board that Legal Counsel highly recommended keeping track of these hours.
Mr. Fenner asked what the reason was. Mr. Parker said that would show the hours worked and that information could be used to decide to increase or decrease the job. He said it could be used for budgeting and salary review. Mr. Doty said that these are positions of responsibility and leadership, and that this was disrespectful of the positions. Mr. Parker disagreed.
Mrs. Norton said that no one was going to monitor the timesheets weekly, but that they were to have on file. Mr. Rich said he took exception to this request by the Personnel Board. He asked how they proposed to compensate for all these extra hours that he would be recording? He asked if this was about getting the job done or working certain hours? He said that the Personnel Board is losing focus of what is important in a small town. Mr. Rich said he didn’t know what this was about, but that this issue needs to be spoken to. He said that money has something to do with the work, but that doing a good job is what is about in a small town.
Mr. Fenner said he didn’t disagree with Chief Rich. He said that he liked to run all the other things through the Personnel Board and that it is beneficial to the town to have the records of time worked by the exempt department heads. However, he said that a salaried job needs to be treated like a salaried job. Mrs. Norton said that no one is tracking the hours and that they will just be kept on file.
Mr. Doty said that Town Counsel told him that it was the lawyers job to tell us all the risks we are exposed to and that it is the Selectmen’s job to decide which are necessary to address. As elected officials, we always have to accept some level of risk. He said that he was against asking the five senior exempt employees to file timesheets as requested by the Personnel Board.
Mr. Parker said that the Personnel Board is doing the same thing as the lawyer in advising the Selectmen. He said that the Selectmen are free to not accept the Personnel Board’s advice. He said that this is a risk he was willing to take. He commended the Personnel Board for doing a good job bringing these issues up. Mr. Parker also commended the Police Department for doing a great job during the last busy weekend.
The Board of Selectmen chose to not act on the Personnel Board’s request.
Chief Rich reported that the Road Race started well, but that it went down hill quickly with multiple emergency medical runs for the ambulances to the point mutual aid was required to transport people to the hospital. He said that it was most likely due to the hot humid weather. He commended his staff and the EMTs for a job well done.
Steve Gallas came before the board to report he had gone before the Personnel Board and received much guidance from them on developing a policy for the F/F health insurance eligibility to participate. The Selectmen agreed to place the local adoption of the state law on the September Special Town Meeting warrant.
Mr. Doty presented a copy of a draft RFP that was based on the Edgartown Pennywise Path RFP. He said that he thought it was too soon to do anything at this Special Town Meeting.
Mr. Doty read aloud questions that Steve Schwab had emailed him on the RFP. Most required decisions of a major nature. Mr. Parker remarked that the Housing Committee had sent the Selectmen a memorandum asking the board about the sub dividing of the parcel. The Selectmen felt that the developer should be the one to apply for any sub division that might be necessary.
Mr. Doty asked the Selectmen to look through the RFP and make any comments to him. Mr. Doty said that the town would nor be proceeding with any subdivision unless and until legal counsel advised the town to do so.
Mr. Carroll reported that another full-time town employee had applied to work this position. Mr. Parker said that he had spoken to labor counsel and was told that a full time employee could not do the dog officer job unless the town paid them time and a half for all hours over the 40 they were already working. Mr. Fenner asked about a contract with the employee. Mr. Parker said that labor counsel told him that it would not work with an individual, but the town could contract with a company to provide the service under some circumstances.
Mr. Doty said the town could advertise it as a fixed $200 a week salary and not talk about the hours. Any applicant would need to understand that there would be busy times and very slow times during a year.
Mr. Doty told the board that Chris Murphy had reported to him about his first week on the job. First he told Mr. Doty that it was a bigger job than he first thought. He also said that he had been able to do most of the job by telephone and that he urged the Selectmen to not get into a town pound situation. He recommended a 11’ x 6’ cage to be located at the Dog Officer’s home.
The Selectmen agreed to readvertise the position for the next Selectmen’s meeting. Chairman Fenner said to hire Rodney Bunker on Over-Time to cover during the absence of both Chris Murphy and Keith Emin in early September.
Mr. Parker moved and Mr. Doty seconded a motion to participate in a national day of delivering meals to elderly shut-ins on March 22nd 2006. SO VOTED: Three Ayes.
Mr. Fenner asked about installing an air dryer on the Fire Sprinkler system. Mr. Parker asked about just turning the sprinkler system back on. Mr. Carroll said that the prior principal was concerned that some heads might fail when re-pressurized and that there was no way short of cutting out the ceiling to inspect them.
Mr. Doty said that this project needs someone to be hired on an hourly basis to chase down the rest of these repair issues. Mr. Fenner told Mr. Carroll to call FSS to come down and inspect the system and meet with the Selectmen on site.
Mr. Doty moved and Mr. Parker seconded a motion to authorize Mr. Carroll to proceed with the repair of the copper gutters, installation of the snow guards and extending the furnace chimney at the school with funds from the School Repair article, insurance proceeds and Selectmen’s maintenance account. SO VOTE: Three Ayes.
The board looked at a late request from the DCRHA to place an article on the warrant. Mr. Parker said that he was not prepared to delegate the power to develop covenants for affordable housing in Chilmark to the Dukes County Regional Housing Authority. He said that he needed more information from the Housing Committee and Planning Board.
Mr. Fenner said to add an article for repairing Squibnocket Beach parking lot not to exceed $25,000.
Mr. Parker asked to defer the $40,000 replacement of windows and doors at the Community Center until the town had a Capital Improvement Plan. The Fiftieth anniversary of the Community Center in 2006 was discussed and having the ceiling sprayed with the requested acoustic treatment. The Selectmen agreed to split the cost with the Chilmark Town Affairs Council for the ceiling treatment.
Mr. Fenner said to defer the Fire Department request for $25,000 to remove asbestos from the Cross Road Fire Station and work it into the new Capital Improvement Plan. Mr. Fenner asked to have Rodney Bunker replace the missing roof shingles on the firehouse.
Mr. Doty questioned the need for a dredging article and Mr. Parker said that the repairs to the electrical system could be cheaper than expected (approximately $16,000) and that some of those funds could be used for dredging.
Health insurance for volunteer firefighters and rescue workers was approved.
The Selectmen agreed to put the Police Department’s paving request on the warrant but asked to have the Historical Commission meet and discuss it.
The Selectmen approved the estimated CPC revenue article and a request for an additional $5,000 for legal work.
Mr. Carroll reported that the Cemetery would like to do an additional $25,000 or work on the new section of the Abel’s Hill Cemetery.
The Selectmen said to repair the old ID printer for the Beach department instead of buying a new $3,000 printer.
The Estuaries project was discussed. Mr. Doty questioned what the town would be able to do with the report after spending a substantial amount of money on the program. The Selectmen agreed to ask Bill Wilcox to attend the Special Town Meeting to explain the program to the town meeting.
The Selectmen agreed to extend the building cap with some changes. Mr. Parker requested the Planning Board insert language to exempt Resident Homesites as well as Youth Lots. He also asked to have the “tear-down” loophole tightened. Mr. Fenner asked to have the town’s 12 affordable housing units exempt from the building cap. Mr. Doty moved and Mr. Parker seconded a motion to send this back to the Planning Board with directions to add in the Resident Homesites, tighten the “tear-down” rules and exempt town affordable housing. SO VOTED: Three Ayes.
The Selectmen agreed to put $700,000 on the warrant to replace the wood sheathing on the Filled Dock with steel and replace the Yacht Dock with concrete floating docks.
The Selectmen agree to put an article on the warrant to authorize a lease of land to the Chilmark Town Affairs Council for the purposes of building a pool for their summer swimming program at Peaked Hill Pastures.
Mr. Parker proposed that the draft policy that he emailed the other members be adopted as town policy on obtaining legal opinions. Mr. Doty said that it would be a challenge to get board members and Selectmen to follow-up with a written summary. Mr. Parker moved and Mr. Doty seconded a motion to adopt the policy. SO VOTED: Three Ayes.
Mr. Carroll reviewed a list of potential classes that the EAP could provide the town and asked the Selectmen to make recommendations to him for a future class.
Mr. Carroll reported that the town had received a check for more than $16,000 for energy efficiency work done on the library. Mr. Parker moved and Mr. Doty seconded a motion to place the money in the library building fund and then to pay for a generator ($7,000), repairs to the sump pump system, and some outside furnishings. Then to have the balance of the Building Fund transferred to the general fund when completed. SO VOTED: Three Ayes.
The Selectmen agreed to go to the Board of Health to ask them to push forward to make the service available to local Commercial Fishermen.
Mr. Carroll said that there had been no communication back from the committee and asked if it was ok to call a meeting of the group soon. The Selectmen agreed to call a meeting of the ad hoc committee that was asked to investigate a definition of what the town should consider a commercial fisherman.
Mr. Doty moved and Mr. Parker seconded a motion to refund the $200 lease fee for Lot 1A to Mr. James D. Morgan. SO VOTED: Three Ayes.
Mr. Fenner asked for a motion to go into Executive Session for the purpose of discussing land acquisitions and to not return to regular session.
Mr. Doty moved and Mr. Parker seconded the motion. Doty – Aye, Parker – Aye, Fenner – Aye
10:22 PM
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