Board Of Selectmen Extends State Of Emergency

The Board of Selectmen voted earlier this week to extend the state of emergency that the town has been operating under since Aug. 27.

The state of emergency was originally declared prior to Tropical Storm Irene. The selectmen approved the measure extending the state of emergency for two weeks from Monday.

According to the town charter, a state of emergency allows the Board of Selectmen to "enact any such ordinances and regulations as it deems necessary under the circumstances ... the enactment of any such ordinances or regulations shall be accompanied by a statement of the facts constituting the state of emergency." The state of emergency also allows quorum provisions to be suspended if a quorum cannot be achieved. The town charter calls for at least three members of the board to be present, under most ordinary circumstances, to achieve a quorum.

State of emergency allows for immediate enactment of ordinances and regulations

Section 10.1.3, the portion of the town charter that outlines emergency action allowed under a state of emergency, also says "all emergency ordinances and regulations shall become effective immediately upon enactment and shall automatically stand repealed 21 days following the effective date thereof, unless prior thereto such ordinance or regulation has been affirmed at a special Town Meeting or repealed by the Board of Selectmen."

First Selectman Fillmore McPherson said Monday, during the board's regular meeting, that he wanted to extend the state of emergency because it was still needed, particularly when it came to making emergency repairs and completing ongoing clean up after the storm.

"The wind has stopped blowing, and the waves have stopped crashing but we still need to let contracts to clear the streets and it may have some benefits when it comes to ... paperwork," he said.

Extending state of emergency could benefit town when it comes to FEMA reimbursement, officials say

Madison Director of Finance Dottie Bavin said extending the state of emergency could help the town when it comes to applying for financial assistance from the Federal Emergency Management Association. "We may not know until we meet with FEMA what expenses we can include in the storm clean up," she said.

"This will give us more leeway," McPherson said.

Selectman Joseph MacDougald initially expressed reservations. "It seems like a long time," he said, asking McPherson to elaborate on the need for the extension.

McPherson said state of emergency allows town to let contracts without seeking competitive bids

McPherson explained that as the town continues with tree removal and clean up operations, the state of emergency provides the town with more leeway when it comes to letting contacts without adhering to competitive bid guidelines.

He added that the town does not plan to award bids on major repair work, including work needed on Middle Beach Road, East Wharf and West Wharf, under the state of emergency provisions.

"This work would be mostly for public safety," said Town Engineer Mike Ott. "It would allow us to take care of storm-related damage."

Selectman Al Goldberg asked that if any decisions needed to be made beyond basic storm-related clean-up, that the entire board be called upon to consider and vote on those decisions.