Draft Minutes Chilmark Board of Selectmen May 2nd 2006
People present: Riggs Parker, Warren Doty, Frank Fenner, Tim Carroll, Jonathan Revere, Jennie Greene, Dennis Jason, Chris Soulagnet, three unknown female reporters.
Meeting called to order by Frank M. Fenner Jr.
Reorganization of the board
Mr. Fenner moved and Mr. Doty seconded a motion to make J.B.Riggs Parker Chairman. SO VOTED: Two Ayes. One Abstention. Mr. Parker moved and Mr. Fenner seconded a motion to make Warren M. Doty Vice-Chairman. SO VOTED: Two Ayes. One Abstention.
Mr. Doty asked if the board was ready to discuss the assignments each member would have for the ensuing year. Mr. Parker asked to keep that open until the next meeting. Mr. Doty asked to the board to consider assigning him the MV Shellfish Group and Mr. Fenner the County Advisory Board.
Minutes
The minutes of April 18th 2006 were approved as corrected.
7:40 PM PUBLIC HEARING opened by Chairman Parker for a Common Victualer’s license application by Chris Soulagnet to operate the Menemsha Café on Basin Road in Menemsha at the location of the former Menemsha Deli. Mr. Carroll said that the public need and necessity was obvious for a place for people to buy lunch. There being no other comments from the public, the Public Hearing was closed by Chairman Parker at 7:43 PM.
Common Victualer License
Mr. Fenner moved and Mr. Doty seconded a motion to issue a Common Victualer license to Chris Soulagnet. SO VOTED: Three Ayes.
Personnel Board - Exempt Employees
Ms. Greene came before the board to discuss the memorandum sent to the Selectmen by the Personnel Board regarding the designation of Exempt Employees. She asked that the Selectmen add the Fire Chief, Town Accountant, Tax Collector and Town Clerk to the four already designated as exempt (Police Chief, Executive Secretary, Library Director, Harbor Master).
Mr. Doty asked how this would change the Town Accountant’s schedule in that he attends night meetings and the budget process. Ms. Greene said that once the Town Accountant completed his work for the day he could go home, that this would not change how he had done his job this past year.
Mr. Doty asked how making the Town Clerk “exempt” would affect her schedule after a long election. Ms. Greene said that the Town Clerk is not required to stay at her desk once her work was done. Mr. Doty said that the Town Clerk had regular office hours to interact with the public and that currently she was taking time off from those hours to compensate for the extra hours worked at elections and town meetings. Mr. Parker said that the Town Clerk would not be eligible for Compensatory Time. Mr. Carroll said that Compensatory Time was a term defined by the FLSA and was awarded to government employees for work over 40 hours in one week at time and a half in place of paying the government employee for the hours over 40 in that week. He said that the Town Clerk was not getting
Compensatory Time. He said that a few years ago, the Personnel Board and the Board of Selectmen had agreed to allow the Town Clerk to receive straight time off that equaled the extra hours she worked for primaries, elections, voter registration, and town meetings. These hours have not exceeded the 40 per week that he was aware of.
Ms. Greene said that these designations and the other personnel policies will take effect on July 1st 2006. She said that the Personnel Board would be holding a presentation of these new personnel policies on May 18th 2006 at 9:00 AM for town staff.
Mr. Doty said that he did not want this group to minimize the amount of work done by the Town Clerk during elections and that he wanted to see she was properly paid for the extra work. Mr. Doty said the town needed good and competent work for this function. Mr. Parker suggested that the Town Clerk position could be re-graded to address these duties. Mr. Fenner said that the town may have to increase the base number of hours for the Town Clerk. Mr. Fenner said that the Selectmen could address this and any other issues arising from the new policies in the future.
Mr. Fenner moved and Mr. Doty seconded a motion to designate the Fire Chief, Town Accountant, Tax Collector and Town Clerk as Exempt Employees under the FLSA. SO VOTED: Three Ayes.
Ms. Greene presented a list of what town positions were exempt, salaried but not-exempt and were hourly non-exempt and hourly not subject to the FLSA. She said that this confirms the long existing and current town practice. She asked the Selectmen to approve the list. Mr. Fenner moved and Mr. Doty seconded a motion to approve the following list:
EXEMPT/SALARIED
Executive Secretary (40), Library Director (36), Harbor Master (34.5), Police Chief (40), Fire Chief (stipend), Town Accountant (37.5), Tax Collector (34), Town Clerk (20)
NONEXEMPT/SALARIED
Dog Officer (9.2-485/yr), Cemetery Superintendent (stipend), Building Inspector (11), Assistant Assessor (37), Health Inspector/Administrative Assistant (32.5), Custodian (40), Housing/Planning Board Administrative Assistant (27), Coordinator of Administrative Support (40), Assistant Library Director-Children’s Librarian (30), Receptionist/Assistant (40), EMT/Ambulance Coordinator (20)
NONEXEMPT/HOURLY WAGE
Superintendent of Streets (ave 30), Shellfish Constable (20), Assistant Shellfish Constable (0), Janitor (10), Library Assistant (variable), Library Adie (30, Library Associate (variable), Assistant Dog Officer (variable), Police Sergeant (40), Police Patrolman (N/A), Highway Laborer (variable). SO VOTED: Three Ayes.
Ms. Greene presented the Overtime and Compensatory Time policies for the Selectmen’s information. She said that on May 18th the Personnel Board would explain all the new policies.
Menemsha
Creek Lot Lease for John Larsen was approved by the Aquinnah Board of Selectmen at their meeting this afternoon.
Mr. Parker said that the town had received a plan from Stanley Larsen for how he was going to support the Commercial Fishing Fleet and a copy of Mr. Larsen’s “wholesale dealer” dated April 14th 2006.
Mr. Doty said that the F/V Deborah Lee had been sold to Alec Gale who would be operating a “buy boat” for striped bass for an off island dealer this season. He said that Mr. Gale understands that the town will require him to demonstrate that he is a legal extension of the fish buyer. The board discussed various rules. Mr. Parker said that should be left to the Harbor Master to enforce.
Mr. Parker said that the Selectmen need to send a letter to Stanley Larsen telling him that the F/V Janelle must be moved to a place designated by the Harbor Master on the Channel Dock by June 1st. The board agreed. Mr. Parker said that the boat will eventually have to be removed from the harbor if it remains inactive. Mr. Fenner said that it might have to be put on a mooring. Mr. Parker said that the letter should require the move by June 1st and also require that the boat be fishing by July 1st or it needs to find another place to off the town’s docks. Mr. Parker asked Mr. Doty to ask Mr. Larsen what the status of the F/V Shark is.
Mr. Jason told the Selectmen that he was changing the loading zone along the commercial dock. He said the new unloading zone would be between Louis Larsen’s lobster building and Betsy Larsen’s Fish Market. It was discussed that would require Stanley Larsen to drag fish boxes approximately 80 feet to his market.
Mr. Parker said that Marshall Carroll III said he was willing to give a discount to commercial fishermen if the town would designate who that included. He asked for a special meeting to work on the definition of a Commercial Fisherman. A meeting was scheduled for May 10th 2006 at 4:30 PM. Mr. Parker said to post the meeting, pass the word and notify the prior committee.
Mr. Doty reported that the Ocean Aquaculture meeting is still trying to happen by the end of May.
Mr. Parker reported that the replacement engine for RDA’s crane was in place and should be ready tomorrow. He also said that he had a $5,000 price from RDA to jack up the carway and level the first three sections. Mr. Doty moved and Mr. Fenner seconded a motion to approve a $5,000 Change Order to raise and level the carway. SO VOTED: Three Ayes.
Mr. Parker explained he had met with the electrical contractor about the lighting on the West Dock. He recommended to the Selectmen that they install bollard lights along the face of the new cap. Mr. Fenner expressed concern about creating a walkway between the cars and the cap. The board agreed to install eight new bollard lights, six along the cap and two on either side fo the carway.
Mr. Doty moved and Mr. Fenner seconded a motion to approve change order #3 from AGM for $14,116 to put points on the steel pilings and fill them with concrete. SO VOTED: Three Ayes.
Middle Line Road
Mr. Doty reported on his conversations with IHT and DCRHA. He distributed a new pro forma to the board from the DCRHA. The Selectmen agreed to schedule a special meeting on May 11th 2006 at 4:30 PM with the Housing Committee in expectation of having a response from IHT on May 8th. The board discussed various CPA issues and possible composition of the $982,000 for the town’s contribution to the project. Mr. Parker will phrase the questions to Ron Rappaport before the May 11th meeting and copy the other Selectmen.
Library
Mr. Doty reported that as of April 29th 15 applications had been received for the Library Director’s position. He said that they would be reviewed this week.
It was announced that a Retirement Party for Cathy Thompson was scheduled for June 3rd from 5:00 PM until 7:00 PM at the Library.
Board of Health
Mr. Parker asked for a letter to Matthew Poole thanking him for his 16 years of service. So moved by Mr. Fenner and seconded by Mr. Doty. SO VOTED: Three Ayes.
Tripp Barnes
Mr. Doty moved and Mr. Fenner seconded a motion to pay the $2,290 bill for moving expenses from the School Repair warrant article. SO VOTED: Three Ayes.
Mr. Doty moved and Mr. Fenner seconded a motion to put the $1,282.50 bill for moving the police department on the next Special Town Meeting warrant to be voted on as a bill of a prior fiscal year. SO VOTED: Three Ayes.
Executive Office of Public Safety
Mr. Doty moved and Mr. Fenner seconded a motion to adopt the principles and policies of the National Incident Management System (NIMS); formally recognize the National Incident Management System (NIMS) as the local standard for incident management; and as such, adopt the Incident Command System as the Town of Chilmark’s official incident response system. SO VOTED: Three Ayes.
Hariph’s Creek Town Landing
Mr. Parker reported that concrete mats 16 feet by 8 feet were available for $600 each, plus trucking and installation, to repair the town landing. The board agreed that at least 16 x 16 was needed. Mr. Doty moved and Mr. Fenner seconded a motion to authorize Riggs Parker to order as many concrete matts as needed. SO VOTED: Three Ayes.
MIIA
Mr. Carroll said he was going to renew the town’s insurance policies with MIIA.
McNamara Law
Mr. Carroll reported that Chubb insurance was offering a supplementary policy to cover the $400,000 death benefit required for volunteer firefighters by the new McNamara Law for $3,528. Mr. Doty moved and Mr. Fenner seconded a motion to authorize Mr. Carroll to purchase the Chubb policy. SO VOTED: Three Ayes.
Regulations for Outside Consultants
Mr. Parker asked the Selectmen to join the Finance Advisory Committee and vote to direct all town boards to adopt the regulations necessary for the town to take advantage of the state law allowing an option to charge the applicant coming before certain boards for an outside consultant to review the applications. Mr. Doty moved and Mr. Fenner seconded a motion to direct the Planning Board, Board of Health, Zoning Board of Appeals and the Conservation Commission to amend their regulations by July 1st to allow them to charge applicants for hiring an outside consultant when necessary. SO VOTED: Three Ayes.
Review of ATM Warrant
The board reviewed the actions taken at the ATM on the warrant.
Executive Session
Mr. Fenner moved and Mr. Doty seconded a motion to go into executive session to discuss land acquisition and a pending lawsuit, and to not return to regular session.
Fenner - Aye
Doty - Aye
Parker - Aye
Executive Session ended at 10:30 PM
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