COUNTY OF DUKES COUNTY COUNTY COMMISSIONERS
A regular meeting of the County of Dukes County Commissioners was held on Wednesday, January 13, 1999, at 7:30 p.m. at the Dukes County Courthouse, notice of such meeting having been posted as required by law.
Commissioners Present: Linda B. Sibley, Chairman
Daniel A. Flynn, Vice-chairman
Timothy R. Carroll
E. B. Collins
Leonard Jason, Jr.
Leslie H. Leland
Robert M. Sawyer
Also Present: Carol Borer, County Manager
Mary Ann M. Alwardt, Executive Assistant
Joseph E. Sollitto, Jr., Clerk of the Courts
Noreen Mavro Flanders, County Treasurer
Michael McCormack, County Sheriff
David Kann, Chief Operator MVAWWTF
Robert Culbert, Beach Manager
John S. Alley
Elizabeth Talbot
William M. Healy
Marc Villa, Airport Commission Chairman
Frank Daly
Ken Eber
Robert Wasserman
Peter Rogers
Andrea Parker
Ted Stanley
Alba N. Carson
Anna Alley
Kathleen Sawyer
Ronald H. Rappaport, Esquire
Marcia Mulford Cini, Esquire
Ethan Kelley, Vineyard Gazette
M. C. Wallo, Vineyard Gazette
Nelson Sigelman, M. V. Times
Commissioner Carroll called the meeting to order at 7:30 p.m.
Joseph E. Sollitto, Jr., Clerk of the Courts, swore in Commissioners Collins, Flynn, Leland and Sawyer.
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Commissioner Carroll presented to John S. Alley official citations from the Commonwealth of Massachusetts State Senate and the House of Representatives in recognition of his many years of service to the County of Dukes County as a County Commissioner, Airport Commissioner and Selectmen for the Town of West Tisbury. A citation was also presented to Mr. Alley from Governor Paul Celluci; delivered by Commissioner Flynn.
Commissioner Carroll presented official citations from the County of Dukes County to Elizabeth Talbot in recognition of her years of service as a County Commissioner and Vice-chairman of the Dukes County Charter Commission and to William Healy in recognition of his ten years of service as County Counsel. A citation was also presented to Randall F. Vega, who was unable to attend the meeting, in recognition of her years of service as a County Commissioner.
Ms. Talbot, Mr. Alley and Mr. Healy thanked everyone for this display of recognition.
[ recess – reconvened @ 7:52 p.m. ]
Election of Chairman and Vice-chairman of the County Commissioners was addressed. It was noted that it is required by statute for the Commissioners to vote by ballot.
Commissioner Leland made a Motion to nominate Commissioner Sibley Chairman.
Commissioner Sawyer Seconded the motion.
Commissioners cast their ballots.
Mr. Sollitto reported seven votes (unanimous) for Commissioner Sibley.
Commissioner Leland made a Motion to nominate Commissioner Flynn Vice-chairman.
Commissioner Sawyer Seconded the motion.
Commissioners cast their ballots.
Mr. Sollitto reported seven votes (unanimous) for Commissioner Flynn.
Chairman Sibley commented that, in view of the fact that this Board is a policy-making Board, she wants to remind everyone that Carol Borer is the County Manager and is the spokesperson for the County. She indicated that she sees her responsibility as Chairman to be primarily that of chairing these meetings; a position of responsibility and not of power. She expressed to the press the hope that as much as possible that they will report upon the County’s actions and the County Commissioners’ actions based on the public meetings and understand that the Chairman cannot speak for other Commissioners and “we can’t do business in the press”. She suggested that
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there is a tendency to sometimes, on this Island, for us to start doing public business in the newspapers. She indicated that, as Chairman, she won’t do that and would hope that her fellow Commissioners will remember this too. She reiterated that Carol (Borer) is the spokesperson for the County.
The minutes of the December 09, 1998, meetings were addressed.
Commissioner Flynn made a Motion to Approve these minutes.
Commissioner Carroll Seconded the motion.
Commissioners Collins, Leland & Sawyer Abstained.
Motion Approved by a majority.
County Manager’s Report was reviewed. Mrs. Borer reported that she has recently met with the West Tisbury Selectmen; presented annual report, etc. She reported that her cabinet members and DPW directors are presently reviewing a draft of a County Engineer job description. It was further reported that she has met with the Water Commissioners from the towns of Edgartown, Oak Bluffs and Tisbury to review the proposed DEM land swap. Mrs. Borer commented on a recent Edgartown ZBA zoning issue in the Airport Business Park; re: home appliance use versus lawn equipment. She noted that the issue has been resolved. Mrs. Borer reported that the Commonwealth has awarded the Dukes County Sheriff’s Department $90,000 for a feasibility study and asked Sheriff McCormack to comment.
Sheriff McCormack reported that the Executive Office of Public Safety has awarded $90,000 in grant monies to the Dukes County Sheriff’s Department to be used to take a look at the existing facility; examine vehicle to renovate or expand and assess and evaluate staffing patterns. He indicated that he would like to schedule to meet with the County Commissioners at the jail for a site visit sometime next week. He noted that the facility is presently operating at almost 200% capacity.
Mrs. Borer noted that Mass. General Laws requires that the County Commissioners will make a visit. It was indicated that a site visit would be arranged.
Commissioners addressed 1999 County Appointments.
Commissioner Flynn requested from the Chairman an opportunity to read a statement he had prepared (copy attached hereto and made a part of these minutes). He suggested revising the way appointees are held accountable to this elected body as a whole; establish a process for evaluating appointees; establish a criteria for performance if not already mandated by statute. He
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commented on the lack of accountability from the two appointees to the Steamship Authority.
Commissioner Flynn made a Motion to hold off on making the two Steamship Authority appointments this evening to allow for time to establish some guidelines.
Motion failed without a second.
Commissioner Carroll made a Motion to appoint Chuck Cummens as the Dukes County representative to the Cape & Islands EMS System Board of Directors (2-year term); Earl B. Littlefield, Emergency Management Director (1-year term); William L. Searle, Robert Maciel, Sr., Bradford Fligor, Ivory Littlefield and Norman Perry, Deputy Emergency Management Directors
(1-year terms); and the Emergency Management Deputies and Assistants to Deputy Emergency Management Directors as recommended (see appointment list attached).
Commissioner Jason Seconded the motion.
Motion Unanimously Approved.
Chairman Sibley appointed Sandra C. Lothrop to Associate Commissioner for Affairs Concerning Handicapped Persons, and Marguerite A. Bergstrom to Associate Commissioner for Affairs Concerning the Elderly.
Commissioner Jason made a Motion to appoint Ronald H. Rappaport as Steamship Authority Governor (Martha’s Vineyard representative / 3-year term); Robert C. Murphy, Steamship Authority Financial Advisor (2-year term); and Russell Walton, Delegate to Pilgrim RC&D Area Council, Inc.
(1-year term).
Commissioner Carroll Seconded the motion.
Commissioner Flynn Abstained.
Motion Approved by a majority.
Commissioners addressed the appointment of Legal Counsel.
Chairman Sibley requested that each Commissioner cast their vote orally.
Commissioners voted Unanimously to appoint Marcia Mulford Cini to the position of County Counsel (1-year term).
Mrs. Borer recommended the appointment of special counsels; Holtz Gilman Grunebaum (labor & employment lawyers) and Moehrke, Mackie & Shea (specialize in environmental litigation).
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Commissioner Carroll made a Motion to appoint special counsel as recommended.
Commissioner Flynn Seconded the motion.
Motion Unanimously Approved.
Commissioners interviewed candidates for the positions of Airport Commissioners (three 3-year terms); Daniel A. Flynn, Francis L. Daly, Kenneth A. Eber, and Robert Wasserman, respectively.
Chairman Sibley asked Commissioner Leland if he would, at this time, like to address a reduction of the Board (Airport Commission).
Commissioner Leland suggested it would be inappropriate at this time to address reducing the number of members of the Airport Commission; would question the ethics of it since three positions have been posted.
Commissioner Flynn questioned whether Bill Frost’s seat should be declared vacant. He suggested that he has had ample time to respond.
Commissioner Carroll reported that Mr. Frost had indicated that he would be returning after the first of the year and that he would very much like to continue serving; indicated he has been actively engaged in airport-related research.
Chairman Sibley indicated that it has been advised that the Board cannot declare a vacancy in this manner.
Attorney Cini concurred. She indicated that Mr. Frost would have to resign from his position; cannot declare vacancy.
Mr. Villa suggested forwarding a letter to Mr. Frost requesting his resignation.
Chairman Sibley called for a vote on the three Airport Commission seats. She requested that each Commissioner cast their vote orally; Flynn received seven votes, Daly seven votes, Eber three votes, and Wasserman four votes.
Daniel A. Flynn, Francis L. Daly and Robert Wasserman were appointed Airport Commissioners (3-year terms). Tabulation of the vote:
|
DALY |
EBER |
FLYNN |
WASSERMAN |
CARROLL |
X |
X |
X |
|
COLLINS |
X |
|
X |
X |
FLYNN |
X |
X |
X |
|
JASON |
X |
|
X |
X |
LELAND |
X |
X |
X |
|
SAWYER |
X |
|
X |
X |
SIBLEY |
X |
|
X |
X |
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Commissioners addressed New Business:
Commissioner Carroll made a Motion to re-appoint Derrill Bazzy, Director of the Dukes County Regional Housing Authority (Aquinnah representative).
Commissioner Jason Seconded the motion.
Motion Unanimously Approved.
[ Commissioner Flynn departed meeting at this time ]
[ recessed – reconvened @ 9:12 p.m. ]
Commissioner Sawyer recommended the Board address regional education (school regionalization). He proposed the appointment of a subcommittee to address this issue. Commissioners Sawyer & Sibley and Carol Borer were appointed to this subcommittee.
Commissioner Sawyer recommended the Board address regional solid waste; try to bring the six towns together.
Commissioner Carroll suggested that this subject be addressed at a visioning session.
Chairman Sibley concurred. She indicated that this would be a significant agenda item for a visioning session, noting that it is the intent of the Charter to create an entity for regional services.
There was some discussion on the Airport Commission in relation to County financial processes.
Commissioner Carroll brought to the Board’s attention that at Wednesday’s Airport Commission meeting there was discussion about the autonomy of the Airport budget and would hope that legal counsel looks into it rather than argue about it; just find an answer.
Commissioner Jason inquired as to what we need an answer to.
Commissioner Carroll indicated that the Airport Chairman and some members of the Airport Commission feel that as long as the Airport is making a profit and doesn’t have to ask for County money, is therefore independent of the County’s oversight of their budget.
Mrs. Borer asked Commissioner Carroll to be more specific on the legalities he would like Counsel to look into regarding the County budget and Airport finances.
Commissioner Carroll suggested that there are two conflicting statutes; Chapter 35 which outlines County finances and Chapter 90 (airport statutes).
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He indicated that the airport statutes talk about the budget and the finances and nowhere does it talk about coming back to a County board or the County Finance Review Board; does not talk about any steps; just talks about approving a budget. He noted that the Mortgage and Grant Assurances do talk about money (profit) staying at the Airport.
Chairman Sibley requested that Counsel research and report on these issues; possibly meet with both Mr. Villa and Mrs. Borer in order to address both of their concerns.
Commissioner Carroll indicated that he would hope that if the Airport gets their budget in on the schedule they are talking about that whatever efforts are necessary are made to try and incorporate it into the budget we end up getting approved before July first so that none of the employees suffer (re: pay raises, step increases, etc.).
Commissioner Carroll noted the agenda item for the upcoming meeting of The All Island Selectman’s Association; specifically, the presentation by the Mayor of New Bedford regarding the potential use of New Bedford by the Steamship Authority. He indicated that the topic would be centered on economic development.
Meeting adjourned at 9:40 p.m.
Complete text of meeting is available on tape at the County Commissioner’s office.
__________________________________
JOSEPH E. SOLLITTO, JR.
CLERK OF THE COURTS
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