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Selectmen's Meeting Minutes 05/16/06
Draft Minutes   Chilmark Board of Selectmen                             May 16th 2006

People present: Riggs Parker, Warren Doty, Frank Fenner, Tim Carroll, Jonathan Revere, Aubrey Gibavic, Peter Vincent, Jennie Greene, Andy Goldman, Rachel Rohr, John & Helen Adresen, Carrie Welch, Joanne Murphy, Dr. Karen Cheshire, Robert Fokos, Billy Meegan, Tenny Lance

Meeting called to order by Mr. Parker at 7:30 PM in the Selectmen’s Meeting Room

Middle Line Road Project
        Mr. Parker outlined the tasks for a new RFP.  He said that consultation with the permitting boards was needed to find out what was going to be required.  A new Middle Line Project RFP for design services was given to the board by Mr. Carroll.  Mr. Parker said it was a good first draft usable as a base form to add and detract from.
        There was discussion about picking a small committee made up of one Selectman, one Housing Committee member and the Building Inspector to visit the boards as soon as possible.  Mr. Doty said that he wanted the board to take some action tonight. He said that he expected to be issuing a new RFP and pursuing the permits at the same time.  He agreed to a small committee if it would not delay the project.  There was discussion about the previous meeting that and how the Selectmen agreed to pursue two RFPs, one for design and one for the development of the project.
        Mr. Parker called the small committee visits to the various permitting boards as a “informal pre-submission discussion”.  Mr. Doty moved and Mr. Fenner seconded a motion to create a three person committee made up of Waren Doty, Andy Goldman and Lenny Jason Jr to meet with the permitting committees and determine what permits will be necessary for the Middle Line Road Work Force Housing project.  SO VOTED: Three Ayes.
        Mr. Doty said that they needed a time-line now.  Mr. Parker said a preliminary talk with the other officials was needed.  It was agreed to hold a special purpose meeting of the Selectmen on May 30th 2006 to discuss the Middle Line Road Housing project and the progress made by the committee.

Aquinnah Selectmen
        It was agreed to try and reschedule the joint meeting to June 1st at 5:00 PM.

Legal Policy
        Mr. Parker said that he wanted to receive status reports on any and all civil litigation from all departments.  Mr. Doty limited the monthly status reports to the Board of Health, Planning Board, Zoning Board of Appeals, Conservation Commission and Building Department.  Mr. Fenner moved the committees named above and Mr. Doty seconded it.  SO VOTED: Three Ayes.

Menemsha Cleaning Day
        Cleaning day is May 24th.  Mr. Doty asked Mr. Parker to make sure that that date worked for the fishermen and that lot 11 next to Dennis Jason got cleaned up.

Menemsha Harbor
        Mr. Parker reported on a brochure printing all the new Harbor Regulations that Ernie Weiss had made for the town.

Commercial Fisherman Definition
        The board agreed to post the new draft definition and put it on the town web page as well as distribute copies for comment.

Plan For Support of Commercial Fishing Fleet
        A letter from Betsy Larsen was read and found to be acceptable by the board.  Mr. Doty said he spoke with Marshall Carroll about a discount for the fleet on diesel fuel for these fishermen on a town list and that are current with their bills.  Mr. Fenner said that the leases for the bulkhead should all be released now as approved.  Mr. Parker said the board members can sign them outside the meeting.

Creek Lots
        Mr. Parker said the Selectmen would have a site meeting to walk the area on Thursday if AGM was driving pilings that day.

Water Quality
        The Selectmen agreed to host a water quality presentation at their next meeting as requested by the chair of the Squibnocket Pond District Advisory Committee.

Police Off Duty Details
        Mr. Parker said he wanted to see the town charge a 5% administrative fee on top of all police details.  There was discussion.  Mr. Fenner moved and Mr. Doty seconded a motion to adopt a 5% fee per MGL C 44 § 53A.  SO VOTED: Three Ayes.

Personnel Board
        The Selectmen agreed to meet with the Personnel Board and the Shellfish Constable to discuss the job description and current situation on June 1st at 8:00 AM.

Girl Scouts of America
        Tenny Lanse, John & Helen Andresen, Carrie Welch, Joanne Murphy and Dr. Karen Chesire spoke in support of the GSA renovations at Camp Wampanoag on Middle Road.  They reacted to the surprise referral of their project to the Martha’s Vineyard Commssion.  They asked why this was done with no public notice or an opportunity for the GSA to tell their side of the story.
        Edward Vincent, attorney for the GSA, asked the Selectmen to reconsider and rescind their action of last week.  Tenny Lanse spoke about the fifty year history of the site as a girl scout camp and how they were in the neighborhood before anyone else that built around them.  She said that there was no change in use or plan for a change in use.  She said that the GSA was exempt from Chapter 40A as an educational organization.  
        Many people told the board that the current building was in terrible shape and in need of replacement.  The GSA said that there would be no sleeping in the new building, that the loft was for storage only, that the building was winterized because the building code required it to be insulated, and that the only reason they have a commercial kitchen instead of a residential kitchen was because the Chilmark Board of Health required it.  The board of health limits the property to 32 people at a time.  They said the new building will meet all setbacks and that the old building does not.  Ms. Lanse said that nothing more will happen on this property than has already been happening.  She said that there has never been 150 cars on the property.  
        Joanne Murphy said that the service unit had decided to undertake this renovation out of concern for the safety of our girls.  She said that the building serves girls from 5 years old up to seniors in high school.  She restated that the building was in bad shape and that she hoped the Selectmen would allow them to repair it.
        Carrie Welch said that she had been involved with the girl scouts on the island for 27 years of her life, with the last nine years as a leader.  She said that they needed a safe space to learn, be happy and thrive.
        Mr. Vincent said that an appeal of the building permit had been filed by the abutters and asked the Selectmen to postpone the referral until after the local process with the ZBA is completed.  Mr. Parker said that the Selectmen are not trying to stop the Girl Scouts from doing their program.  Mr. Robert Fokos, abutter, said that there are always two sides to a story.  He asked for a process to participate in.  He said that the abutters did not have a chance to speak during the issuance of the building permit.  Mr. Fokos said that in a prior meeting, the Girl Scouts said they understood the concerns of the neighbors, but that they were not in a position to accommodate them.  
        Mr. Parker said that the Selectmen lack the authority to mediate this issue and that is why it was referred to the MVC.  Mr. Fenner said he was happy with the Girl Scouts on that site, but that our local rules did not allow neighbors to have an opportunity to participate in the process.  Mr. Doty said that is why we made the referral.  He asked about the process for the appeal of the building permit.  Mr. Parker said that the appeal may not get to the neighbors concerns.  Mr. Doty said that an alternative way to create an opportunity for working out the concerns would be acceptable.  Year round use and the maximum number of users were identified as the prime concerns.  Mr. Fenner said an open forum could draw out the issues and have restrictions.  Mr. Doty said it was possible for other uses, such as school fund-raisers, to occur.  The GSA repeated that the commercial kitchen was not for weddings, but was required by the Board of Health.
        Jennie Greene said she thought it met two of the checklist items for referral to the MVC. Mr. Carroll said that the Building Inspector did not concur.  Anne Boyer said she was on both sides of this as a former girl scout and a concerned resident opposed to bike riding on Middle Road.  She called Camp Wampanoag a poor choice for a girl scout camp location.  Mrs. Boyer said that 32 people on that lot was not in keeping with Chilmark density.  She said that if the Girl Scouts couldn’t listen to others, then they were not the same group she belonged to.
        Mr. Parker said that we have no authority except to refer this to the MVC.  Mr. Fenner asked if the GSA would waive their exemption and apply to the ZBA for a special permit allowing the town to regulate any future use.  Mr. Vincent asked the board for a week to make the decision so that the Girl Scouts of America Southeast Massachusetts Council could be consulted.  Mr. Fenner said that was possible.  Mr. Fokos said that he was sympathetic to the time-line the GSA had for their project, but said they haven’t worked anything out since October.  He said that this is not a renovation but a new project, with three to six months of construction.
        Mr. Doty said he was still holding out for a mediation process.  Mr. Vincent asked for some room to talk about the issues.  Mrs. Boyer asked if there could be deed restrictions placed on the GSA.  Mr. Parker said that Town Counsel would have to address if the GSA could waive its exemption.  Mr. Doty said a Memorandum of Understanding could go a long way to resolving the conflict.
        Mr. Doty moved and Mr. Fenner seconded a motion to postpone the referral to the MVC for one week and seek legal counsel advice on asking the GSA to waive its exemption.  SO VOTED: Three Ayes.

Town Clerk
        Jennie Greene said that extra hours worked by the Town Clerk for running elections, primaries and town meetings works out to an average over four years of 52 hours per year.  She said the Personnel Board was asking the Selectmen to procure this additional funding for FY2007.  Mr. Parker said that this could be handled temporarily from the Clerk’s budget until a special town meeting in September.

Annual Appointments
        Mr. Fenner said that he wanted to have recommendations from the various chairmen before the Selectmen made the annual committee appointments this year.  
        Mr. Fenner moved and Mr. Doty seconded the following appointments:

ASSISTANT/RECEPTIONIST                                  Annette Anthony 

ACCOUNTANT                                                          Tom Wilson          
                                                                
ASSISTANT ASSESSOR                                              Pamela F. Bunker        

ADMINISTRATIVE ASSISTANT/INSPECTOR
        TO BOARD OF HEALTH                                      Sylvia B. Yeomans  

ADMINISTRATIVE ASSISTANT TO  PLANNING BOARD
        & HOUSING COMMITTEE                                     Deborah L.Cini  

COLLECTOR OF TAXES                                              Polly N. McDowell  

TOWN CLERK                                                      Margaret T. Orlando
ASSISTANT TOWN CLERK                                    Annette Anthony

     ELECTION OFFICERS                                          Bette F. Carroll  (R)
                                                                        Robert S. Carroll  (D)


    REGISTRARS                                                 Susan Heilbron
                                                                        Judy G.L. Mayhew
                                                                        Carol L. Merry

ADMINISTRATIVE ASSISTANT  -  Z.B.A.                            Chuck Hodgkinson        

BUILDING INSPECTOR                                              Leonard Jason, Jr     

DIRECTOR OF EMERGENCY MANAGEMENT                        Daniel Bryant
Deputy Director of Emergency Management                 Bill Smith

                                
COMMUNITY PRESERVATION COMMITTEE  
Administrative Assistant:       Chuck Hodgkinson        

CONSERVATION COMMISSION    Administrative Assistant:      Charles Hodgkinson   

CONSERVATION OFFICER                                    Russell R. Walton
                                                                                                
CUSTODIAN                                                               Rodney Bunker

JANITOR                                                         Marjore Hayes   

ASSISTANT SEPTIC SYSTEM  INSPECTOR                      John Powers             
PERC TEST INSPECTOR                                             Sylvia B. Yeomans

SUPERINTENDENT OF STREETS                                       Keith Emin      
                                                                
DOG OFFICER                                                     Christopher Murphy   

ASSISTANT DOG OFFICER                                   Joan Jenkinson  
                                                                        
EXECUTIVE SECRETARY                                             Timothy R. Carroll

FIRE CHIEF                                                              David O. Norton 

ASSISTANT FIRE CHIEF                                            Timothy R. Carroll

FOREST WARDEN                                                   David O. Norton

GAS INSPECTOR                                                   George Apostlides

ASSISTANT GAS INSPECTOR                                 Michael Ciancio
                                                                        
HARBOR MASTER/WHARFINGER                                Dennis Jason

ASSISTANT WHARFINGER                                    Ryan Rossi
                                        
ASSISTANT HARBOR MASTERS                                        Richard Steves                                                                          Andrew Bluestein
                                                                        Ian Yaffe
                                                                        
INSPECTOR OF ANIMALS                                            Albert O. Fischer, Jr.

ASSISTANT INSPECTORS                                            Joan Jenkinson  
                                                                        Christopher Murphy

INSPECTOR OF PLUMBING                                   George Apostlides

ASSISTANT INSPECTORS OF PLUMBING                        Michael Ciancio
William Haynes

INSPECTOR OF WIRES                                              Lee Welch

ASSISTANT INSPECTOR OF WIRES                            David Schwab

LAND BANK ADVISORY COMMITTEE                    
        Board of Selectmen's Representative                             Warren M. Doty

LEGAL COUNSEL - TOWN OF CHILMARK                        Ronald H. Rappaport, Esq
                                                                        Jack Collins, Esq.

MARTHA’S VINEYARD
COMMUNITY TELEVISION BOARD OF DIRECTORS         Jules Worthington

                                                                        
MARTHA'S VINEYARD SHELLFISH GROUP                       Warren M. Doty  

MARTHA’S VINEYARD
 SKATE PARK ASSOCIATION - Chilmark Rep.                        Philip J. Demers

MARTHA’S VINEYARD REGIONAL TRANSIT AUTHORITY    Leonard Jason, Jr.      
        
MOTH SUPERINTENDENT                                     Keith L. Emin
                                                                                                
POLICE OFFICERS
        Chief                                                           Timothy S. Rich
        Sergeant                                                        Jonathan Klaren
        Patrolman                                                               Brian Cioffi
        Patrolman                                                       Jeffrey O.  Day
        
Summer Police Officers                                          Linden E. Karsner       
                                                                        Blase Montello
Matthew Gebo

        Traffic Officers                                                Gregory Karsner
James L. Walsh
James N. C. Brown

SPECIAL OFFICERS                                Sarah Briggs
Marshall E. Carroll                     
                                                        Timothy R. Carroll                      
Nicholas Collins
                                                        Bret P. Stearns
Randhi Belain           APD     
Paul Manning                    APD
                                                        Ryan Ruley                      APD
Daniel Gouldrup                 WTPD
Jennifer Kelly                  WTPD
Garison Garrison Vieira WTPD
Sean Slavin                     WTPD    
                                                        Matthew Mincone Sergeant        WTPD
                                                        Jeffrey Manter, Sergeant        WTPD
Daniel Rossi, Sergeant  WTPD
                                                Beth Toomey,    Chief           WTPD

                                                                
ASSISTANT SHELLFISH CONSTABLES                          Edward Andresen

SITE REVIEW COMMITTEE                                   
        Board of Selectmen's Representative                             J.B. Riggs Parker                       
TRI-TOWN AMBULANCE COMMITTEE                    
Chilmark Selectman’s Rep.                               Mary M. Boyd

DUKES COUNTY ADVISORY BOARD                             Frank M. Fenner, Jr.    

JOINT TRANSPORTATION COMMITTEE                  Keith Emin
                Non-Voting Alternate Member                     Leonard Jason, Jr       

CABLE TELEVISION ADVISORY COMMITTEE             Jay John Lageman


Mr. Parker said that he wanted to see Annette Anthony appointed the Assistant Town Clerk and not Mr. Carroll because he supervises the Town Clerk.

Mr. Parker said he wanted to set the office hours of the Executive Secretary as 9 AM to 5 PM.  Mr. Doty said that no one else was having hours assigned to them as part of their appointment.  Mr. Fenner said that should be a separate question after the appointments.
The appointments list above were SO VOTED: Three Ayes

Mr. Fenner asked that all chairmen be contacted for their input.  Mr. Doty said he was uncomfortable with that process.  He said that the Selectmen need to make the appointments Mr. Parker said that the Selectmen need to make a list of candidates and start calling people to serve.
Mr. Parker moved and Mr. Fenner seconded a motion to ask chairmen for their recommendation to reappoint members and to poll the members to see if they are willing to serve.  SO VOTED: Three Ayes

Executive Secretary
        There was discussion about requiring the executive secretary to have office hours from 9 am to 5 pm Monday through Friday in addition to any other hours required of him.  
        Mr. Carroll asked that his posted office hours as approved by the Selectmen, which have been 10 am - 5 pm M-F for five years, be changed to 9 am - 4 pm, with the expectation he will usually be here until 5 pm.  
        Mr. Carroll said that as an exempt employee who’s payroll is based on a forty hour work week at a given rate, he has been following the same practice as his predecessor and of other town administrators for the past ten years.  Some weeks he has to put in more than 40 hours and so he has worked less in a slow week if it was possible while still getting the job done.
        Mr. Parker said that the executive secretary job description included all the extra meetings and that Mr. Carroll was an exempt employee not entitled to comp time under the law.  .  Mr. Carroll said he was not looking for more money, like was being proposed for the Town Clerk, but just to not be treated as an hourly employee on one hand and an exempt salaried employee on the other.  Mr. Parker said that legal counsel said the town could require these office hours.
        Mr. Carroll said he expects to have to put in more than 40 hours in some weeks and not receive additional pay.  He said that he works extra hours most weeks.  Since the public by and large expects town hall to respond between 9 AM and 5 PM, Mr. Parker said that it was not about Mr. Carroll’s performance and that Mr. Carroll was doing a good job.  He said it was about supervising the town hall staff and being available to the public.  Mr. Parker said that the island knows Mr. Carroll is not at his desk at 9 am and that meant work involving Mr. Carroll is later in the day.  Mr. Carroll said that fact was published on the inside cover of the Annual Town Reports and the web page.
        Mr. Carroll agreed that supervising the staff was important.  He agreed that the building was active at 9 am.  He said that from 4 pm - 5pm there would only be two other people in the building, one of them being the Coordinator of Administrative Support that was not in need of supervision.      
        Ms. Greene said that Mr. Carroll was paid well for his job and should have to be in the office 9 am - 5 pm.  She said he was paid more than she is for her job at the tribal housing authority.  
        Mr. Doty asked if these office hours were in Mr. Carroll’s job description.  She said that the Personnel Board could adjust the job description for the executive secretary to better reflect his office hours.  Mr. Carroll said that one of his concerns was how easily his job description was altered by the Personnel Board.
        Mr. Carroll said that this was a change in his ten year conditions of employment.  Mr. Parker said it was a change.   Mr. Fenner moved and Mr. Doty seconded a motion to make the office hours for the Executive Secretary 9 am - 5 pm.  SO VOTED: Three Ayes.

Executive Secretary Contract
        Mr. Carroll said that he wanted to know what his job was and not be confused from his work by potential changes.  Mr. Carroll asked for an employment contract with the town.  
        He said that Aquinnah, Tisbury, Oak Bluffs and Edgartown all have simple contracts with their executive secretary or administrator.  Mrs. Green opposed a contract for Mr. Carroll.  Mr. Doty asked to see copies of the up island contracts.  Mr. Parker said that could be considered.
        
Minutes
        The minutes of May 2nd 2006 approved as changed.

Fire Station Memorial Plaque
        Mr. Fenner said he had heard from Joanne Smith asking when the plaque in memory of her husband Chief William Smith would be erected.  Mr. Fenner said he spoke to Chief Norton about the things needing to be finished at the North Road Fire Station before he was planning to hold a ceremony.  Mr. Fenner asked to use the Selectmen’s Maintenance Fund to get the stairs and some other things done.  Mr. Carroll said that fund had already been designated by the Selectmen and FINCOM for other deficits expected at the end of this fiscal year.  Mr. Doty asked if there were any open warrant articles.  Mr. Carroll said they had been closed per the Selectmen’s direction.

Health Care Research
        Sandra Paulies introduced herself and said she was going to be conducting a survey of the island health care.  She asked for the support of the board in her work.

EXECUTIVE SESSION

At 10:08 PM in a roll call vote, the Selectmen went into executive session to discuss land acquisition and not return to regular session.  Fenner - Aye, Parker - Aye, Doty - Aye.


Meeting Adjourned at 10:32 PM.