Chilmark Board of Selectmen MINUTES of June 20th 2006
Present: Warren Doty, Riggs Parker, Frank Fenner Jr., Tim Carroll, Rachael Rhor, Wally Epstein, Jennie Green, T. J. Hagerty, Scott McDowell, Mike, Will, Jim Zisson, Dennis Jason.
Meeting called to order by Mr. Parker at 7:30 P.M. in the Selectmen’s Meeting Room, Town Hall.
Minutes of June 6th 2006 were approved.
Rodent Control
Mr. Hagerty of the Dukes County Rodent Control Program reported on his successful rat baiting program in Menemsha over the last couple of years. He said that he is now mainly working in the Dutcher Dock and Commercial Dock area.
He said that Plum TV was doing some public announcements on the air. He reported that revenues were on target and free services were up.
Road Race
Mr. Epstein came before the board as the President of the Chilmark Town Affairs Council to represent the Chilmark Road Race. He asked for the board’s permission to hold the annual 5K race under the same terms and conditions as last year on August 12th 2006 at 10:30 AM. Mr. Fenner moved and Mr. Doty seconded a motion to authorize the Road Race under the same rules as last year. SO VOTED: Three Ayes.
Community Center 50th Anniversary
Mr. Epstein told the board that on July 2nd there would be a tent and presentations of a video by David Modigliani and a poem by John Maloney. These would be followed with a catered dinner and music by Johnny Hoy and the Bluefish. He said there would be another event in August. He reported that the Summer Program at the Center was in good shape this year.
Special Municipal Employee
The Selectmen received a request for designation of the Martha’s Vineyard Regional School Committee members as Special Municipal Employees by Judith O’Donoghue. Mr. Carroll said that this had been done for the Martha’s Vineyard Commission in the past and if approved would apply to all members of the school committee. Mr. Parker suggested that the Selectmen only vote to approve Judith O’Donoghue as a Special Municipal Employee due to the circumstances of her request. Mr. Doty moved and Mr. Fenner seconded a motion to designate Judith O’Donoghue a Special Municipal Employee. SO VOTED: Three Ayes.
Independence Day Parade
The board declined to participate in the Edgartown parade this year.
TriTown Ambulance
The board reviewed the draft Intermunicipal Agreement Amendment / Memorandum of Understanding. The board said they wanted to move forward on this as soon as possible. Mr. Doty moved and Mr. Fenner seconded a motion to authorize the chairman to sign the final version of this agreement or memorandum on behalf of the town. SO VOTED: Three Ayes.
Menemsha Harbor
The board approved the draft Rules & Regulations brochure for printing. Mr. Zisson asked when they were approved. Mr. Parker said that the waterways rules and regulations were approved in November 2005 after a public hearing.
The board was given copies of the “walk-around” site visit list of issues needing repair around the harbor as updated by the harbor master.
Mr. Parker told the board that the town was paying for the installation of the three 50 amp outlets on the new floating dock. He suggested that the town charge $10 a day for 50 Amp service and return the check to Mr. Andresen that had been received by the town. Mr. Doty had some questions on the proposal. Mr. Fenner said he thought this would be cleaner for the town.
Mr. Parker said that the 30 Amp service would be included in the annual slip rental for this year.
Mr. Doty moved and Mr. Fenner seconded a motion to charge $10 a day for 50 Amp service to slips 13, 12 and 11, to return Mr. Andresen’s check, and to include 30 Amp service in the annual slip rental fee for all seasonal slips for this year. Mr. Zisson asked some questions about the process. SO VOTED: Three Ayes.
Mr. Parker said that Slip 13 ½ at the end of the new floating dock needed to be re-established as a slip. He suggested charging $1,500 as is done for space on the Channel Dock. Mr. Fenner asked if a handicapped boater could be located there. Dennis Jason, Harbor Master, said he would look into the use of the slip by a handicapped boater currently being accommodated by the town. Mr. Parker asked what price should be charged for Slip 13 ½ if it was used for a handicapped boater. Mr. Fenner suggested charging the same as the resident floating dock, $200 a year. Mr. Zisson commented that there was a strong current on the corner of the dock.
Bulkhead Lot 2 A
Mr, Doty moved and Mr. Fenner seconded a motion to authorize the lease of lot 2A to Stanley Larsen for 2006 as the town was now in receipt of Mr. Larsen’s state licenses. SO VOTED: Three Ayes.
Police
A memorandum from Chief Rich requested that Traffic Officer James C. Brown be promoted to Summer Police Officer for this Summer. Chief Rich reported that one Summer Officer was not going to return this summer and that Mr. Brown was attending the 120 hour Reserve Intermittent Police Officer course at this time. Mr. Fenner moved and Mr. Doty seconded a motion to promote James Christopher Brown to Summer Police Officer. SO VOTED: Three Ayes.
Police Labor Contract
Mr. Parker presented the labor agreement to the Selectmen for approval and told the board that they may move into executive session to discuss it. The board chose not to got into executive session.
Mr. Fenner expressed concerns that the vacations in article 6 go a lot further than what the personnel board allows for other town employees. Ms. Greene said that this was negotiated for one person. Mr. Parker said that his charge was to renew the labor agreement in essentially the same form. Mr. Fenner said that an employee should have to work at least half a year in order to get the years vacation. Ms. Greene said that this was telling people to work until July 2 and then they can quit.
Mr. Parker said that his charter was not to renegotiate the agreement but to clean up the language and names. Mr. Doty said that the board should ask the police bargaining unit for the change in wording Mr. Fenner was seeking. Mr. Fenner said he would like to see the police contract match the personnel bylaws.
Ms. Greene said that some people are not allowed any vacation in the summer. Mr. Doty said that other than the vacation language the police labor agreement was fine. Mr. Fenner agreed. Mr. Parker said he would go back and speak with the bargaining unit. Mr. Parker said that the police unit had been very cooperative with cleaning up the contract to date. The board deferred action on the labor agreement.
Personnel Board
Jennie Greene reported that the TriTown Ambulance ALS Coordinator draft position description recommended Grade 9 to the Selectmen. Ms. Greene said that Chief Toomey, a member of the TriTown Ambulance Committee, was comfortable with the recommendation of Grade 9. There was discussion. Mr. Fenner moved and Mr. Doty seconded a motion to place the ALS Coordinator position on Grade 9 and place the new employee at Step 1. SO VOTED: Three Ayes.
Chapter 39 § 23C
After discussion, Mr. Parker moved and Mr. Doty seconded a motion to not proceed on local adoption of this option to establish rules governing public hearing participation and attendance of committee members. SO VOTED: Three Ayes.
Ethics Seminar
The Selectmen agreed to host an ethics seminar in late September and to encourage the attendance of town officials and committee members. Ms. Greene asked that “Family” conflicts be addressed and Mr. Doty asked to have the issue of wearing “multiple hats” be discussed as well.
Administrative Assistant
Mr. Carroll reported on his plans for coverage after the departure of the Admin Asst to the Housing Committee and Planning Board and the sick leave of his Assistant.
The Selectmen discussed the advertisement and posting of the vacancy. Mr. Parker said this needs to be referred to the Personnel Board because of the change that the Admin Asst might cover the Site Review Committee. Mr. Carroll said that he was not making that recommendation and said he was planning to attend the July 6th meeting of the Personnel Board. Mr. Carroll distributed copies of the posting, advertisement and a memorandum on the process and schedule. Applications were due on June 30th and interviews were scheduled for June 10th & 11th. Appointment was scheduled for July 18th.
Ms. Greene, chairman of the Personnel Board, objected to the advertisement Mr. Carroll had put in the local newspaper that said that the administrative assistant had a “Primary focus will be Planning Board, Housing Committee and Site Review Committee.” She said this needed to come to the Personnel Board. She said that Mr. Carroll was changing position description and the approved organizational chart. Mr. Carroll said that he had not changed the position description or the organizational chart and referred to the position description and posting. Mr. Carroll said he was scheduled to attend the next Personnel Board’s meeting on July 6th. Ms. Greene said that the posting and advertising created a conflict that could
require the process be started over.
Mr. Fenner said that he didn’t see any major inconsistency with the advertisement, position description and posting. Mr. Doty agreed. Selectmen Mr. Parker said that this should be discussed by the Personnel Board. The other members agreed and said there was no reason to not continue the application process as started and scheduled.
Library Director
The Board of Library Trustees wrote and requested that the Selectmen appoint Ebba Hierta as the new Library Director to replace the retired Cathy Thompson. After praise for Cathy Thompson’s service and welcoming comments for Ms. Hierta, Mr. Doty moved and Mr. Fenner seconded a motion to appoint Ebba Hierta Library Director for the ensuing year. SO VOTED: Three Ayes.
Police Driveway
Mr. Carroll and Mr. Fenner reported on the requested repairs to the Police entrance and the paving in front of the Cornerway building that had been disturbed during the installation of underground power to the Cornerway and the Menemsha Schoolhouse. Mr. Fenner moved and Mr. Doty seconded a motion to approve up to $1,500 for these repairs. SO VOTED: Three Ayes.
SailMV
The Selectmen agreed to wager a bucket of oysters on the race and allow the sail boat from Chilmark to represent the town in the race.
Jim Zisson
Mr. Zisson asked how often Town Counsel attended Selectmen’s meetings and who the fiduciaries are for Chilmark. The selectmen said they were and that Mr. Rappaport attends when requested.
Mr. Zisson asked why the Selectmen would not want cellular telephone coverage. Mr. Parker and Mr. Fenner said they were not opposed to cell coverage. The Selectmen said the town has a bylaw that controls wireless telecommunications. Mr. Zisson asked why the Selectmen would not want to change the bylaw to allow new technology to be implemented. Mr. Fenner said that the board has been trying to meet with Aquinnah’s Selectmen for three months to discuss their distributed plan. Mr. Doty spoke to the town’s bylaw and how voters said they didn’t want cell phone coverage.
Mr. Zisson said he didn’t understand why well camouflaged repeaters could not be installed in Chilmark. Mr. Doty said that there was no consensus at Town Meeting on this contentious issue.
Mr. Zisson said that his requests for information were being stonewalled by Mr. Parker and his “arrogance and self regard”. Mr. Fenner said that this would not be a productive conversation unless Mr. Zisson was polite. Mr. Zisson asked what the cost of running the harbor was compared to the net income. Mr. Parker told him revenue was: FY2002 $232,000, FY2003 $258,000, FY2004 $240,000, FY2005 $243,000, FY2006 thru April 30th $289,000. That expenses in FY2006 trough April 30th were $159,000.
Mr. Zisson said that it was discriminatory for the new regulations to “red-line” boats over a certain size. He asked why limit boats to less than 45 feet. Mr. Parker said that the original Master Plan recommends limiting the size, number of and duration of stay of pleasure boats. He said the goal was to keep it small. He explained that the limits were 45 feet on the resident/tax payers’ dock and 50 feet on the Transient Yacht Dock and 75 feet for the channel side and end of the fill dock. He said the channel dock caused concerns for safety due to the strong currents in the channel and it was also a scale issue. Mr. Parker said that 75 feet had been determined by the Board of Selectmen to be a reasonable length for safety and
our small scale harbor. Mr. Zisson asked what the financial loss of revenue would be as result of this rule. Mr. Fenner said that the town was not trying to maximize profits.
Mr. Zisson asked why the town didn’t limit motor vehicles in Menemsha. He said that traffic is terrible now around the Galley Restaurant. He said that the big issue is the Selectmen failing to address the traffic problem and not the size of the boats in the harbor. Mr. Zisson said that it is dangerous in Menemsha. He suggested that cars should not be allowed past the Homeport Restaurant and possibly requiring stickers. Mr. Parker asked Mr. Zisson to speak with the police chief about his traffic concerns.
Mr. Zisson said that the Selectmen should spend 1/8 th of the time you have on creating division between commercial fishermen and the summer boaters that does not exist on the traffic problems.
Mr. Zisson asked the Selectmen if it was their policy to not respond to emails. Mr. Parker said that he does not respond to abusive emails. Mr. Zisson accused Mr. Parker of sending abusive emails.
Mr. Zisson asked if there were recall provisions for town elections. He was told there are none.
The Selectmen adjourned the meeting at 9:25 PM
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