Chilmark Board of Selectmen Minutes July 18th 2006
People Present: Frank M. Fenner Jr, Riggs Parker, Warren Doty, Tim Carroll, Jonathan Revere, Jim Zisson, Joe Russell, Spider Andresen, Tom Langman, Rachel Rohr, Karsten Larsen, Dennis Jason, Stanley Larsen, Richard Steves, Nancy Steves, Susan Parker, Janet Weidner, Kent Healy, Keith Emin, Paul deJesus
Meeting called to order by Mr. Parker at 7:32 PM in the Selectmen’s Meeting Room, Town Hall.
Minutes of June 20th 2006 approved as corrected.
Highway
The Selectmen agreed to post two vacancies for Highway Laborers.
Hurricane Workshop
The board was told that MEMA and NOAA were bringing their Hurricane Preparedness Workshop to the island on July 27th at 7:00 PM in the Cafeteria of the Oak Bluffs Elementary School. This workshop had been scheduled at our request since island officials were unable to travel to the cape in June.
Middle Line Road Process Committee
Mr. Doty reported that the project could be seven (7) lots (six resident homesites and one large lot for the rentals). The resident homesites could be awarded two at a time over a period of 18 months. Then the awardee would apply for the Special Permit. The town would create the sub division. A lottery could be used to choose people from the pool of qualified applicants. There could be changes made to the town’s bylaws or even a Chapter 40B subdivision, but Mr. Doty said that he thinks that this process would fit within our bylaws.
Mr. Doty said that they have asked legal counsel to take this procedure to the various state agencies for approval. Mr. Doty said that the town will have to work with Natural Heritage because of critical habitat near the site. He also said that he is talking to the Wampanoag Tribe of Gay Head (Aquinnah) to participate in an archeological survey of the site as necessary. He told the board that Bill Wilcox of the MV Commission was examining the nitrogen loading issues because this site was in the watershed of the Tisbury Great Pond.
Houses would be built by the Resident Homesite recipients. The largest house is four bedrooms. This is controlled by the septic regulations. The board discussed the possibility of limiting the square footage of the resident homesite houses. The board talked about possibility negotiating $160 - 200,000 modular homes on site for the recipients to purchase. The town could issue an RFP for a non-profit developer to build the rental units.
Mr. Parker said that it sounded like a good start and that the efforts of the committee have already saved the town the cost of having a developer do these tasks. Karsten Larsen said that is good because you have already cost the harbor a lot of money. Mr. Larsen said the harbor is empty. Mr. Parker told Mr. Larsen that was not on the agenda yet. Mr. Larsen asked that harbor rules wait until after April 2007. Mr. Parker told him not now. Mr. Larsen left the meeting.
Regional School Committee & Task Force
Mr. Parker opened the discussion with reference to a letter received from the West Tisbury Finance Committee. Janet Weidner told the Selectmen that the requests of the West Tisbury FINCOM had been given to the consultant by the Task Force and that Mr. Abrams had responded to them. She said that the project is over and the consultant has been paid.
On the moving of students, the WT FINCOM was welcome to use the electronic spreadsheets and manipulate the numbers for themselves. On the transportation issue the data does not exist to analyze. However, as the state is reimbursing the district 83% of this cost, it would amount to a small value for a large effort of research. It would not be the $160,000 mentioned by the WT FINCOM.
Their debt service questions did not make sense to the members. Susan Parker said, that with all due respect to the WT FINCOM, this was petty and that one concern comes after another. She said that as an effort to address their concerns, the UIRSDC had voted to recommend 1) not to close any schools, 2) change the capital formula so that no town paid less than 75-80% of the debt on their building, and 3) add the charter school and school of choice actual town numbers to the ratio. Janet Weidner said that the debt service change could be more fair, but did not amount to much according to the consultant.
Mr. Parker asked Susan Parker and Janet Weidner to draft a recommendation for the Selectmen to take to the joint meeting on July 27th with West Tisbury and Aquinnah. Mrs. Parker and Ms. Weidner thanked the Selectmen for their support.
Mr. Fenner said he was surprised that Aquinnah was not mentioned in the WT FINCOM analysis of transportation. Mrs. Parker said that perhaps they were talking about the Chilmark School and West Tisbury School and not the towns themselves.
Tea Lane Drainage
Mr. Emin reported that Trina Kingsbury was not going to join the meeting tonight. Mr. Healy reviewed his recommendations and plan with the Selectmen. He said that a significant rainfall several weeks (3) ago overwhelmed the 12" culvert and that 50 acres of watershed drained onto Trina’s property. Mr. Healy recommended a 24" diameter culvert (in addition to the existing 12" dia. culvert) and not to send the water onto Ms. Kingsbury’s property.
Mr. Parker asked for an estimate. Mr. Healy said he guessed $3,000 for the culvert and more to restore the swale along Tea Lane.
Mr. Fenner said he would speak to the Historical Commission and report back to the Selectmen. Mr. Carroll suggested that the conservation officer be involved.
County Oil Bid
The letter from the county says the bid is 38 cents over the Boston Tank Car price. The Selectmen asked when and how often. Participation was deferred to August 1st meeting.
Administrative Assistant
Mr. Doty reported that the process was underway, but not ready tonight for an appointment. Mr. Parker said a special meeting could be called if necessary. Mr. Parker said he wanted a policy to come of this for all town hiring. He requested a motion to ask the Personnel Board to draft such a policy. Mr. Doty moved and Mr. Fenner seconded the motion. SO VOTED: Three Ayes.
Peaked Hill Pastures Use Plan
Mr. Parker reported that he had attended the Early Summer meeting of the Chilmark Town Affairs Council with Mr. Carroll on July 9th. He said that the CTAC asked what the status of a plan for Peaked Hill was. Mr. Doty reviewed the joint meeting that was held with various town boards including the Planning Board last fall. There was discussion on the topic then, but nothing was resolved. Mr. Fenner said he would rather not address this until after the Middle Line Road Affordable Housing project was all set.
Menemsha Harbor
Mr. Parker reported that the list created by the walk-around was pretty much completed by Keith Emin and the Harbor Department. He said that a replacement ramp was going to be priced out by the Harbor Master and he would report back.
Mr. Fenner said that the water and electricity were not finished. Mr. Jason said he was getting a price from VISCOM and it was estimated to be around $5,000 to replace the meter sockets. Mr. Fenner asked when the street light over the meter was going to be installed as it was a safety issue now. Mr. Jason said he needed to reset the footing for the power pedestal at the end of the filled dock and that the electrician was ready to proceed.
Mr. Jason said that for only $2,000 VISCOM could replace the meter sockets with simple outlets. The group discussed the Commercial Dock electrical use and need. Mr. Doty said that the town does not need meters on the commercial slips. Mr. Parker agreed and said fifteen amp outlets might make sense too. Mr. Doty said that the commercial dock needed to be reconnected as soon as possible.
Sarah Andresen asked why there was only one access to the new concrete floating dock. Mr. Parker explained that had been reviewed during the design and was too expensive to make work. He also said that this was one of the shorter docks in the harbor. Mrs. Andresen asked why the town didn’t provide any carts like other marinas do. She also expressed concerns about a safety railing above the concrete floating dock. Mr. Jason said that he and the Harbor Advisory Committee were addressing those concerns soon. There was discussion about the possible use of a “tide runner” staircase at the end of the new dock. Mr. deJesus said he had one and did not recommend it for a public access. Mr. Jason said he would look into
it.
Mr. Zisson asked if one of the staff could be reassigned to help out on the West Dock. Mr. Jason said that was not feasible. Mr. Fenner said that a life ladder needed to be installed soon. Mr. Jason said it would be installed in a week.
Paul deJesus told the Selectmen that there were no lights on the West Dock and that it was a safety concern. He also said that when they are installed, he hoped they would not be on the main breaker that trips when too much electricity is called for. He told the Selectmen how the main power had tripped the other night and there was no one on-duty to help the boaters reset the power.
Mr. Zisson said that it was unsafe and the town should be reinvesting the harbor income to upgrade the electrical service on the West Dock. Mr. Parker said that would be taken under advisement and investigate.
Spider Andresen asked the Selectmen why the police had been told to not enforce the permit parking on the West Dock yet. The Selectmen said they did not tell the police to not enforce the regulations. The board directed Mr. Carroll to remind the Police Department that the Selectmen would like them to fully enforce the parking regulations in Menemsha.
Mr. Parker told the group that according to the US Army Corps of Engineers, the existing three pilings that service slips 13, 12 and 11, appear to have not been originally permitted and as such the permit can not be amended to move the pilings. To get permission to place three new pilings further out into the harbor (federal anchorage) will require a full 120 day permit process. Mr. Russell said he appreciated that nothing could happen for this season, but urged that the town apply for the permit soon and not leave it until the last minute next year. Mr. Fenner moved and Mr, Parker seconded a motion to apply for a USACE permit for the six pilings (three old and three new) at slips 13, 12 and 11. SO VOTED: Three Ayes.
The Selectmen agreed to accommodate the two large yachts assigned to slips 13 & 12 in different berths for this summer season since they had already paid for their seasonal slips in November 2005.
Harbor Regulations
Mr. Parker yielded the chair to Mr. Doty. Mr. Doty told the group that the limit on the size of boats to 75 feet and a 14 day continuos stay were regulations we had because they fit the nature of our harbor. He said that this was the unanimous decision of the Selectmen after significant discussion and thought. He said that it was the best thing for the harbor, but that some people were here to disagree.
Mr. Zisson said that there are fewer boats in the harbor now than in past years. He said that it was not a problem of too many boats but too much regulation. There was discussion about the Harbor Committee. Mr. Zisson said that the Selectmen should include a wider representation on the Harbor Committee to include a wider representation of all users, including the summer folks.
Mr. deJesus asked if the Selectmen had received the letter from his attorney. Mr. Parker said yes, and that he had been advised by Town Counsel to not discuss those issues because of the threat of litigation by your lawyer. Mr. Doty said that Mr. deJesus could still address the board and make a statement. Mr. Parker agreed.
Mr. deJesus said he took exception to the comment by Mr. Parker in the Gazette about feeling “entitled”. He said he has never felt that and he tries to be a model guest and good neighbor. He said he had lent a hand and taken direction from Dennis Jason. He said he cared about Menemsha and the people there. He said Menemsha is important to me. He told the Selectmen that he spent six hours writing that letter last fall and he did not get a response to his letter from the Selectmen. He told the Selectmen how he had a 25 foot up through 70 foot boat through the years. He told the board he had been coming to Menemsha for 18 years and that he treated Menemsha as his second home. He said it was important to him to keep
Menemsha the same too. He said he had called Mr. Parker in November 2005 and asked why the stiff regulation and why force me out of a slip when there is room for me? He asked why should I have to leave for a week if I can stay for a month? He said that the fuel cost to was almost $2,000 to go home for a week.
Mr. deJesus asked about the grandfathering of the M/Y Relamar. There was discussion. He asked “why him and not me?” Mr. deJesus said that state money was used to build parts of Menemsha Harbor. He said that Mr. Parker told him to “Do what you need to do”. Mr. deJesus asked “how can I help protect what I love, Menemsha?”
Mr. Parker said that Mr. deJesus quoted him a number of times tonight and that the quotes were not accurate or complete. He said that he could not discuss this with Mr. deJesus on the advice of counsel and asked Mr. deJesus to please continue.
Mr. deJesus told the board he wants to live within the rules and have everyone treated the same way, fairly. He said that the Selectmen are not doing that because they grand fathered the Relemar. Mr. deJesus discussed the intent of the rule and said that he was not quoting Mr. Parker word for word. Mr. Parker thanked him.
Mr. deJesus said he had spoken to the Harbor Master Dennis Jason, who told him things had not changed and that Mr. deJesus might have to leave for a day. He said he told Mr. Jason that the rules had changed and they were not allowing him. Mr. deJesus said he called again in the spring and was told ok. He says he asked for clarification and was then told he had to leave for a week. He says he asked why and said he had kids from 16 - 25 and other people flying in and his wife had to commute to work. He said that Mr. Jason told him ok and then told him the Selectmen said no. He told the board that Mr. Jason told him that he did not make the rules.
Mr. deJesus said he was laying low and was going to come to this Selectmen’s meeting to talk to the board about his situation. He said that he felt a bond to everyone here, at least those who loved Menemsha and maybe boating. He expressed his dismay at the situation that led to Mr. Jason serving a letter threatening arrest if Mr. deJesus did not sign the new registration from at the harbor. He asked if that was necessary and why he and his boat had to be flagged by the US Coast Guard and the Police as a trouble maker. He said that letter challenged his integrity. Mr. Parker thanked him for signing the form. Mr. de Jesus said that he was totally offended, that his wife and parents don’t want to come back to Menemsha and his
daughter won’t come either.
Mr. Parker said he would not respond to Mr. deJesus comments on the advice of counsel and said that Mr. deJesus has had full ability to express himself here tonight, but that he had not correctly quoted Mr. Parker and others. Mr. deJesus asked where he stood now. Mr. Fenner and Mr. Parker said that Mr deJesus was welcome for the 14 days. Mr. deJesus asked what then, would he have to leave for a day. Mr. Parker said that he would not discuss that now and told Mr. deJesus to have his lawyer speak to town counsel because Mr. deJesus’s lawyer was threatening to sue over this issue.
Mr. Zisson said he had a similar experience to Mr. deJesus last year about calling ahead to Mr. Jason. Mr. Jason said that was before the rule changed. Mr. Zisson said that talked to Mr. Parker about M. Templesmen, but that it shouldn’t matter. He said that this whole harbor includes many people. Mr. Zisson spoke highly of Mr. Templesmen and praised Mr. Jason as Harbor Master.
Mr. Parker said that Mr. Zisson had misquoted him and that what he said was only partially accurate but not complete. There was an argument. Mr. Parker called for order.
Spider Andresen said that Mr. Templesmen was great people. Mr. Andresen said that Mr. Parker told him why Mr. Templesmen was grand fathered and that, without quoting Mr. Parker, he had the same impression as reported by Mr. deJesus and Mr. Zisson. Mr. deJesus asked when the Relamar was grand fathered and if they had ever paid the grandfather extra fee.
At 10:02 PM the board agreed to move into executive session to discuss land acquisition and bargaining with the police labor unit and to not return to regular session.
Mr. Doty - Aye Mr. Fenner - Aye Mr. Parker - Aye
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