Tisbury voters will tackle a 15-article warrant at a special town meeting that begins at 7 pm Tuesday in the Tisbury School gymnasium.
In Tisbury, special town meetings traditionally address non-appropriating articles. Many of the April 7 warrant articles concern routine "housekeeping" matters to keep municipal business running smoothly.
Several others, however, require new decisions on the part of voters regarding the governance and funding of the town's water system, connector road plans, an apprenticeship program for the department of public works (DPW), the use of civilian flaggers for some road projects, and leash law revisions.
[A copy of the special town meeting warrant is available here]
In regard to the town's water system, article 13 asks for approval for establishing a new town water department and article 14 for establishing a water department enterprise fund. The two articles reflect recommendations made by a water department charter review committee (CRC) after completing a nine-month study last fall.
The town's water system currently is operated and managed by Tisbury Water Works (TWW). In 1905, when the town voted to buy the water company, TWW was created by charter and set up as an enterprise system. Revenues are self-generated through water use fees paid by ratepayers rather than taxpayers. Over the last 20 to 30 years, the issue of TWW's autonomy and the role of the water commissioners versus the selectmen in overseeing funds, personnel, salary, and contracts have caused friction between the two boards.
As a move to resolve their issues, in November 2007 the Tisbury selectmen created the CRC in cooperation with the TWW water commissioners. CRC members included selectman Tristan Israel finance and advisory committee (FinCom) chairman Larry Gomez, TWW commissioner David Schwab, and two at-large members, Roland Miller and Pamela Street.
The committee was charged with reviewing the TWW's 1905 charter and making recommendations concerning the authority of the water commissioners and the water system's structure and governance, employee salaries and benefits, staffing, funding, and accounting practices.
In addition to reviewing the water works charter and numerous policy and legal documents, the committee interviewed more than 25 people, including town and state officials, TWW personnel, and other municipal water systems personnel in Massachusetts. The committee presented its findings last October to the selectmen and water commissioners. In November both boards voted to move forward with the CRC's recommendations.
On February 5, 2009, the Tisbury selectmen and a majority of the water commissioners signed a memorandum of understanding. In addition to outlining the details of the committee's recommendations, the document included an explanation of how in-kind services provided by TWW and other town departments would be handled.
Based on the committee's recommendations, article 13 proposes that TWW should become a newly formed town department, and as such, follow all town bylaws pertaining to salaries and benefits for management and union personnel. The change will not incur costs to the town.
The new water department also will be subject to all relevant state statutes pertaining to public water supplies. The water commissioners, however, will retain their historical role and authority in setting water rates, hiring and firing employees, and running the day-to-day operations of the water system.
Article 14 seeks voters' approval to establish a water department enterprise fund as defined in Massachusetts General Law, with specific accounting rules to ensure greater transparency.
In an update last week, Mr. Gomez said town counsel determined that it will not be necessary to rescind the 1905 charter, but rather to petition the state legislature to amend it. If approved by voters, the changes will be implemented on July 1.
Public works articles
The board of public works (BPW) commissioners submitted several warrant articles. Article eight calls for amending town bylaws to allow civilian flaggers, employed by the Department of Public Works (DPW) and trained in traffic control and work zone safety, at road construction, maintenance and repair sites annually from Labor Day through June 30.
The change relates to new regulations from the state's executive office of transportation, effective last October, to allow the use of civilian flaggers instead of police details at some road construction sites. According to department of public works (DPW) director Fred LaPiana, police details are paid at time and a half for a minimum of four hours, at a cost of about $40 to $60 an hour. Mr. LaPiana said the town spends thousands of dollars a year on details, depending on the number and types of projects.
Article 10 proposes tying the Tisbury School into the town's central wastewater collection system and treatment system. Mr. LaPiana said there is no expense involved, as the pipe is already in place and just requires town approval for hookup.
Article 11 asks voters to allow the town to conduct union negotiations in order to create an apprenticeship program for the DPW. The program would provide training and an upward mobility track through which unskilled employees could move up into skilled positions.
Article 12 seeks voters' approval for a road layout for a connector road between Edgartown-Vineyard Haven Road and State Road. Drawn up by Schofield, Barbini & Hoehn, surveyors, the plan will be on display at the special town meeting.
FinCom recommendations
Tisbury's FinCom is recommending passage of all but one of the warrant articles, according to a voter guide that the committee will hand out at the special town meeting.
The FinCom voted not to recommend Article 15 to amend the town's leash law bylaw, which would require dogs to be leash-restrained at all times, except on their owners' premises. As the voter guide explains, the committee considers the article's wording ambiguous and suggests it could be amended on town meeting floor.
