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Minutes - July 26, 2007 Work Session
MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
WORK SESSION
THURSDAY, JULY 26, 2007
4:30 P.M.

SELECTMEN PRESENT:  Cole, Marsland, McManus, Piekarski, Wilkins

OTHERS PRESENT:  Town Administrator James Merriam, Assistant Town Administrator Nanette Balmer, David Ryan, Gerry Loftus, Bill Galvin.

MEETING CALLED TO ORDER at 4:30 p.m. by Chairman Wilkins.

Chairman Wilkins stated that the purpose of this session is for a review since Mr. Merriam took office and specifically office operations as they relate to the Board of Selectmen.

Mr. Piekarski explained that one of the things that he considers to be of the utmost importance is the communication aspect between the Town Administrator’s office and the Board of Selectmen.  He stated that overall he is pleased with the amount of communication they receive but would like to see this worked on a little bit more.  He noted that he is not in Town Hall often and would like to have an e-mail bulletin or phone call on important information.  He gave an example of the water main break on Sea Street which he had no knowledge of until he attended a Board meeting.  He stated that now that we are fully staffed he would expect to get e-mails more frequently.

Mr. Merriam responded that they must consider the issue of Open Meeting Law with regard to e-mail.  He stated that Mr. Marsland had withdrawn his e-mail address and by doing so he thought that took away his ability to send blanket e-mails as he cannot give the entire Board information all at the same time.  Mr. Merriam stated that in a phone call he may say something to one Selectman and not the other or information might be interpreted differently among Selectmen.  He stated that e-mail is nice if he could send to all five Selectmen but since Mr. Marsland has elected not to receive e-mails that sort of nixed that idea.  He stated that there has not been dialogue yet on just four Selectmen receiving e-mails.  Mr. Piekarski reiterated that it is his preference to get e-mail updates.

Chairman Wilkins stated that they have been very conscious of the Open Meeting Law.  He stated that they should have some sort of e-mail procedures included in their Rules of Operation and he added that it is appropriate to give them announcements over the e-mail.  Mr. Piekarski stated that if Mr. Merriam sends them e-mails they should be put in correspondence as well.  Mr. McManus pointed out that Mr. Merriam could simply make copies of e-mails and leave them on Mr. Marsland’s desk.  Mr. Marsland noted that generally that is what staff has been doing and he explained why he has requested not to receive e-mail.  He added that if it would help the office he would accept e-mails in the manner Mr. Piekarski suggested.  Mr. Merriam responded that that would work.

Mr. McManus gave an example of the recent story the press reported on regarding the compost issue.  He noted that an e-mail update would ensure that they would not be left uninformed when approached by the press and would give them some understanding of what the issue is.

Mr. Cole asked under what circumstances it is appropriate for him to find out when there is something going on in the community.  He stated that short of an emergency there are other instances where our public safety staff is involved that the Board ought to know about.  He stressed that he would like to get the e-mails and know what is going on.  Mr. Merriam stated that he reads about things in the paper and becomes surprised and angry at the same time as they do.  Chairman Wilkins reiterated that they need an e-mail policy.

Mr. Merriam explained that he and Chairman Wilkins work hard on Wednesday trying to put together the agenda and yet there are obviously things that happen after they set up that meeting.  He stated that they basically try to lock and load the agenda at that time but he knows that Mr. McManus does not want to see an actionable item in his report and usually his action items occur after the Wednesday lock and load.  He stated that he is having difficulty trying to figure out how to keep all of the Selectmen up-to-date on information after the agenda is set.  He questioned whether they should set the agenda later or if he should push off that information for another week because he likes to give the Board everything as soon as he knows it and that’s why he does his weekly report as late as he does.

Mr. Cole stated that this week he didn’t know there was going to be a supplemental packet so when he arrived for the meeting he did not have time to read it until they started voting on it.  He stated that they need to be alerted that there is a supplement.  Mr. Merriam questioned if there is anything advantageous to sending them out the weekly report in advance as he has it by Friday.

Mr. Marsland stressed that he does not like finding a thick packet of backup on Monday.  He noted that since Town Hall closes at noon on Friday and staff leaves it would be wise to try for a Thursday noon deadline for his report to allow time for staff to get it in the packet for Friday morning.  He added that there are items coming before the Board that don’t need to be addressed that week.  Mr. Marsland requested that any supplements be distributed in advance as it is frustrating to receive them on Monday.

Mr. Piekarski stated that he doesn’t have a problem with the supplemental update so long as it is an update and not action items.  He noted that there have been several things brought up that were deemed to be emergencies and not all of them were so unless it is an emergency action item it can wait.  He stated that informational updates should just be e-mailed and placed in correspondence and action items can wait.  Mr. Piekarski added that they only need backup on items they will be acting on otherwise backup should go in correspondence.

Mr. McManus stressed that the agenda should go out Friday by noon and should contain all the material including the Town Administrator’s report because packets are put in Brooks Library, the Police Station and the Fire Station for the public to view.  He stated that when he was Chair he always gave the Administrator the discretion to add action items to the agenda after it was set.  Mr. McManus stated that they have had the conversation before with Mr. Merriam that routine items can wait a week.  He also stated that he preferred to see Mr. Merriam’s recommendations on action items attached to the agenda item rather than in his report and that he would really prefer to see a staff report from the associated department head on almost all items with background and a recommended motion.  Mr. Cole remarked that their rules state that the motions are supposed to be in writing.  Mr. McManus added that it is fine to leave out lengthy documents from the packets but the Board should be notified that the documents are on the Selectmen’s table.

Mr. Merriam explained that the Charter states that he is responsible for purchasing for all departments except School, Library and Water and we don’t have a centralized purchasing system.  He stated that he would like the new Assistant Town Administrator to create a centralized purchasing system with the Board awarding the contracts and he would execute them.

The following section is a transcript of the discussion:

Chairman Wilkins:

“Let’s go back to one of your weaknesses.  You have your own file department in your office.  You are running a sub-office of the town administration on your work desk there.  OK.  Now on a couple of occasions what has happened is that the correspondence hasn’t been coordinated so we’ve gotten into a meeting here and maybe I’ve seen it and you’ve seen it but it didn’t get in the correspondence so the other selectmen haven’t seen it but they might have seen some other document so they knew about it.  I learned this from Mr. Melville, he said the single most important thing that comes to Town Hall is correspondence as far as the Board of Selectmen is concerned.  That’s how we judge what’s happening in the Town, what is going on in the operations and that also is coordinated with the filing system so when they come in its stamped.  How you begin to delegate, and I’m sure that a lot of it has to do with the fact that you came in December, you didn’t have time to step back and look at that; you just had to know a whole lot real fast.”

Mr. Merriam:

“One of the disadvantages of that office is that the assistant position was missing at the same time.  Had René been here he could have provided some kind of a bridge for me, some history so I have relied very heavily on Sandy and Ann to work together in a cohesive fashion and you’re right it’s been a work in progress.  We’re each trying to get used to each other.  We’ve all been around the block a few times so we each have our own system and I’m trying to assimilate my ideas with theirs and sometimes they can convince me that the current system is working OK and I’ll back off other times I’m trying to convince them to do something a little differently.  The correspondence I would agree with Wayne is the key, we need to do it right.  What they were doing was putting all the correspondence in one file for me to read and then when I finished reading it was going to go to you.  I get backlogged and I don’t get to it which means you don’t get to see it so I’ve said to them stop lets stop doing that.  Give them a copy so that when any one of you come in whatever timeframe it is you have absolute right for the original document to see it right up front.  Don’t rely on me to have read and signed off before you get a chance to see it and I keep telling them don’t give me any originals.  Give it to you and so whoever comes in on whatever day you get to see and then give me a copy and when I get to it.  I take these folders, sometimes there’s 2 or 3 days worth of correspondence and I read them sometimes after 11:00 at night and I’m trying to digest them and so I don’t want you to be held up by my schedule however I’ve told them I want to have the same information in yours as mine because sometimes people write letters to you, sometimes they write letters to me that shouldn’t make any difference.  I should see everything that you’re seeing and you should see everything that I’m seeing so we don’t have two different information packets so we’ve got to work on that.  The filing system, well Sandy and Ann have complained that sometimes department heads hand things to me that they don’t get a chance to see so that’s frustrating for them and I’m working hard at that.  Let them get it first stamp it in they’ve got the originals, I’ve said don’t give me any originals.  Filing system – a filing system is only as good as your ability to retrieve information and so that’s a key you’ve got to make sure that we’re all on the same page as to how things are filed so that you can retrieve things when you need them and we’re still working on that part of it as well.”

Mr. Marsland:

“Perception is an issue.  Citizens see things and they perceive them in all different manners.  Quite frankly when I walk by your office and I see your desktop I’m concerned about things getting lost in the paperwork shuffle.  It takes me no more to than 15 minutes to read one day’s correspondence.  It’s important to read the mail that day to know what’s going on.  I’m really concerned about that.”

Mr. Merriam:

“I’ll get the desk cleaned up but the point is that if the staff gets the originals and they go over to your desk there shouldn’t be anything falling between the cracks because I’m not taking the originals.”

Mr. Piekarski:

“Does staff open it up and read it to see if its time sensitive?”

Mr. Merriam:

“They do have something called the red folder which is something that I’m supposed to see right away.  The red folder I’ll grab.”

Mr. McManus noted that the Board, the Town and Mr. Merriam all receive correspondence.  He explained that whatever the Town gets, other than correspondence from Town Counsel, is public but not everything Mr. Merriam gets is public and these items should not be in the Board’s correspondence nor should all of what comes to Mr. Merriam come to the Board.  He stressed that Mr. Merriam needs to weed out those materials and pass on what the Board needs to see and it needs to be done in a fairly timely manner. Chairman Wilkins agreed with Mr. McManus.  Mr. McManus also pointed out that several months ago Mr. Merriam’s correspondence got slipped in with the Board’s correspondence and included in it was a finance warrant that needed Mr. Merriam’s signature.  Mr. Merriam responded that it had gotten lost in the shuffle.

Mr. Marsland requested that Town Counsel’s opinion be included with the Town Administrator’s recommendation when applicable.

Mr. Cole requested that the pending list of action items be reinstituted and that it include who each item is assigned to as well as a target deadline for getting it done.  Mr. Piekarski asked that it also include a date when it was put on the list so they know how long it has been languishing.

Mr. Cole pointed out that he had never seen letters from Mr. Chatham dated December and January on a recent agenda item regarding the Bank Street property.

Mr. Marsland suggested that it would be appropriate to pass off some things to committee liaisons rather than for Mr. Merriam to meet with chairmen and this would free up his time.  Mr. Cole questioned whether Mr. Merriam’s time is well spent having lengthy meetings with committee chairs but noted it is at Mr. Merriam’s discretion.  He added that he is willing to have some things diverted to him as liaison.  Mr. Marsland stated that there are too many meetings with certain individuals or groups that could go through the liaisons.  Mr. Piekarski stated that these committees and boards need to once in a while be put in their place so that they know that they don’t run the Town Administrator’s office.


Mr. McManus moved to approve Section IX Item of the minutes of the July 23, 2007 meeting so they can be submitted the School Building Authority within the timeframe.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Merriam explained that there is a provision through the Inspector General’s office whereby an emergency can be declared and the Board can proceed with an emergency procurement process to expedite the replacement of the engine of the Commander and he provided a document to do this.  He added that Cape Cod Marine is the only place that can provide this repair on the Cape at a cost of $35,000.  Mr. Ryan stated that he alerted the Chairman of the Finance Committee of this and that once it is approved he will go back to the Finance Committee and ask for a meeting in August.  He added that Mr. Leach’s budget can absorb the cost right now and we will have to replenish the line items with a Reserve Fund Transfer.  Mr. Merriam stated that if there is a Special Town Meeting in the fall we can replenish this from the Waterways Fund and Mr. Ryan stated that this fund cannot support emergency procurement.  Mr. McManus moved that sufficient circumstances exist to approve this contract as an emergency under Chapter 30B and that as such we approve the contract with Cape Cod Marine for the replacement of the Cummins engine in the Harbormaster’s boat, the Commander.  Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Piekarski moved to adjourn at 5:45 p.m.  Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,

Ann Steidel
Recording Secretary