Wellfleet Finance Committee
Minutes of Meeting of May 27, 2004
Senior Center, Great Pond Room
Present: Patricia Foley, Vice-Chair; Arlene Kirsch, Sylvia Smith, Carl Caruso,
John Makely, Mac Hay, Nancy Bone; Dan Silverman, Town Moderator
Excused: Berta Bruinooge
Patricia Foley, acting as Chair in the absence of Berta Bruinooge, called the meeting to order at 7:07 p.m.
Dan Silverman, Town Moderator: Discussion of Conflict of Interest and Comments on Annual Town Meeting.
Silverman distributed information from the State Ethics Commission on the Conflict of Interest Law for Public Officials and including fact sheets on budget voting on salaries, the Rule of Necessity, voting on matters of abutting property, a Disclosure of Appearance of Conflict of Interest form, and Open Meeting Law. He explained that he was initiating a discussion of this subject (citing hypothetical examples) in response to a concern that some matters which came before the Finance Committee were putting members into an appearance of conflict of interest; he added that individual disclosure of any pertinent connection with a matter under discussion is significant. Silverman also stated that a Board member with a question regarding conflict of interest could seek the help of
the Ethics Commission; it will not advise on hypothetical questions, he added, but will answer specific ones and are interested in helping Boards understand the law. He noted that his major interest was in innoculating FinCom against criticism for conflict of interest.
The following discussion included:
Recusal from discussion in a question of conflict of interest
Invoking the Rule of Necessity to attain a quorum
Examples of reasons for recusing oneself: Silverman during Fire Department budget salary discussions, Kirsch during discussion of W.H.A.T. (which would avoid appearance of conflict even though her salary comes from W.H.A.T.'s Capital Fund and nothing the town votes affects her financially)
Completion of Disclosure form as a protection of members from criticism for conflict of interest
Appearance of conflict situations not always "black and white"; these should be dealt with on a case-by-case basis; better to err on the side of caution.
Silverman then turned to comment upon the recent Annual Town Meeting; some of his points follow:
There was strong sentiment from this committee that the override could not pass; it passed by a 2 to 1 margin; perhaps committee members should be talking with a wider cross-section of town citizens.
FinCom's mandate is to report to Town Meeting; he does not want FinCom to be ignored.
The committee is possibly a bit behind the Town in what the Town expects in the way of services; perhaps FinCom needs to spend some time looking for other revenue sources to fund services that voters clearly want.
The committee should be pro-active in suggestions for funding programs.
He understands that it is frustrating to put great effort into an endeavor which is then ignored.
Arlene Kirsch, respectfully disagreeing, noted that FinCom behaved with tremendous decorum in not threatening the town with its point of view of the probable results of the override, unlike the other side, which she heard used massive phoning and fear tactics, not did it initiate a "get out the vote" campaign for its position.
Sylvia Smith stated that almost everyone she spoke to expressed opinions against the override.
Carl Caruso noted that the Board of Selectmen did not conduct the detailed analysis of the budget which one would expect; FinCom reacted against this "non-due-diligence" but did not campaign against the BOS budget. He cited the improprieties of FinCom's being left out of the loop on Uncle Tim's Bridge, the emergency budget number for Lt. Island Bridge, and the DPW vehicle.
Arlene Kirsch reiterated Chair Bruinooge's point at the ATM (taken from the exit interview of the state auditor) that the Town is in structural inbalance.
To John Makely's question on the role of FinCom, Silverman replied that the Charter charges the committee to give financial advice to Town Meeting; he did not think FinCom was intended to be involved in the budget process on a day-to-day basis. Carl Caruso, disagreeing, quoted from the Finance Committee Handbook of the Association of Town Finance Committees that the Finance Committee "influences the entire budgetary process."
Silverman suggested that perhaps a request to be a part of the budget process should begin earlier in the year. He added that the interaction between the FinCom and the budget preparers should be a "civil adversarial relationship."
Nancy Bone noted that FinCom members offered, during the early joint budget meetings, to meet with town departments and suggest ways to improve budget efficiencies but never received requests for such help. Kirsch added that FinCom got primarily "wish lists" from the departments.
Silverman posed the structural question of how the committee should work with the BOS; Caruso felt that Silverman, as moderator, should "carry the ball." Silverman cautioned that the FinCom could come up with suggestions but that the BOS might react negatively.
John Makely described, as an example, a revenue-collecting system for the EMTs, a suggestion he felt could be followed up with the BOS; he asked how a potential revenue engendering process could be initiated. Silverman pointed out that neither the BOS nor FinCom should be micro-managing any given department.
Nancy Bone stated that the committee had done a great deal of work before the budget got to the ATM and that perhaps FinCom's cutting the fat out aided the override to pass. She added that the budget wasn't really set after the January joint meetings and felt the committee had not always been apprised of all further changes.
Mac Hay noted that some of this may have been misinterpreted and that the committee's ignorance of changes was probably not intentional in the confusing budget process with the override on the table and with numbers shifting because of lack of knowledge concerning the amount of state aid to be received. He felt that FinCom had made an impact on the public perception.
Further discussion concerned FinCom's liaisons with the town's departments (intended to be non-adversarial positions), a discussion of the Marina Enterprise Fund and the possibility of its being a revenue source for the town as a whole, FinCom's spending time studying the larger picture (including possible big revenue sources such as the Marina Enterprise Fund and the Beach Fund) rather than "micro-managing and nit-picking."
Silverman proposed that he would be an advocate for FinCom's getting the information it needs from the BOS, etc.--a major concern with the committee. He will seek a joint FinCom/BOS meeting in September (or sooner). Chair Foley suggested a meeting such as earlier BOS goal-setting meetings. (John Makely noted that another such BOS meeting was to be held in July to finalize goals for FY'05.)
Makely suggested a standing agenda item: Suggestions for Potential Revenue Opportunities; Kirsch stated that this could be publicized in a press release.
At the close of the above discussion, Arlene Kirsch informed the Board and Silverman concerning Jake Bruinooge's illness; concern was expressed by all members.
Review of Annual Town Meeting and Ballot Votes.
A review followed of the backhoe question (#7), which was exempt from Proposition 2 ½ but was defeated at the ballot. Arlene Kirsch noted that it could be included in another warrant for Special Town Meeting as a capital fund item, which would raise the tax levy. Carl Caruso asked if it was within the FinCom province to advise the BOS on the presentation of items and suggested critiquing such warrant articles in writing to the BOS. Kirsch, stating that the money (for the backhoe) had been voted at Town Meeting but the method had been voted down and that borrowing would be increase the levy for FY06 by $85,000, felt this should be discussed with the BOS. Caruso suggested that FinCom present a good essay for the newspaper as to how questions relate to articles.
Regarding the decorum of not going out and campaigning for a point of view, Kirsch noted that FinCom has the responsibility to educate the voters, including those who only go to the ballot. She proposed more articles in newspapers, more meetings in various venues and on different days, and a public meeting which was strictly educational, e.g., on How a Town Budget Functions.
John Makely added that people need to be educated about what questions mean and how they tie into the articles. Noting the example of the backhoe question, he asked if it were too late to ask for feedback about it from people who attended the ATM. Nancy Bone wondered if people would be interested until the time of the next Town Meeting rolled around.
Mac Hay cited his disappointment in the Town Meeting discussion of the article about the Water Tower; stating that people never moved above the first level of this discussion, he cited the need to educate townspeople concerning the relevance of issues to the topic at hand.
The Board decided that an additional meeting should be held in June to cover the rest of this evening's agenda and any transfers from the reserve fund. John Makely moved and Mac Hay seconded that FinCom hold an interim meeting to finalize the role of FinCom for FY2006 and consider any transfers from the reserve; the motion carried, 7-0. This meeting will be held on Thursday, June 17, at 8:00 a.m.in the Town Hall Hearing Room. It was suggested that members bring ideas for the newspaper essay, revenue lists, etc. Nancy Bone's question on FinCom's role in a possible Special Town Meeting was answered that FinCom would be asked to recommend if money were involved.
Minutes of April 22, 2004. John Makely moved and Sylvia Smith seconded approval of the minutes of 4-22-04; the motion carried, 5-0-2 (Caruso, Bone).
Mail. Chair Foley read from the mail an announcement of a Legal Services for Cape Cod and Islands, Inc. outreach meeting for elderly and low-income residents to be held on June 16, 2004 in Judge Welsh's Room in Provincetown Town Hall.
Other Business:
John Makely noted that Personnel Board had met on May 25 and reviewed and approved a new job description for the Deputy Shellfish Constable, also approving the combination of 2 part-time positions into 1 full-time including benefits.
Nancy Bone reported on the recent NRAB meeting: the committee has very thoroughly reviewed the Harbor Management Plan and plans to write drafts for the new harbor plan over the course of the summer.
Carl Caruso reported that the BOS had approved $20,000 - $25,000 for repairs to the roof of 335 Main (coming out of earlier town meeting authorization) and that some discussion had ensued of emergency repairs of Lt. Island Bridge prior to any Special Town Meeting. Kirsch added that some previous appropriation had been made to replace planks, etc. on the bridge.
Sylvia Smith distributed her written report on the Wellfleet Elementary School Committee meeting of 5-11-04.
Carl Caruso moved and John Makely seconded that the meeting be adjourned; the meeting closed at 9:05 p.m.
Respectfully submitted,
_________________________________ _____________________________
Frances J. Castillo, Committee Secretary Patricia Foley, Acting Chair
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