COUNTY OF DUKES COUNTY COUNTY COMMISSIONERS
A regular meeting of the County of Dukes County Commissioners was held on Wednesday, July 14, 1999, at 7:30 p.m. at the Dukes County Courthouse in the Courtroom, notice of such meeting having been posted as required by law.
Commissioners Present: Linda B. Sibley, Chairman
Daniel Flynn, Vice-chairman
Timothy R. Carroll
E. B. Collins
Leonard Jason, Jr.
Leslie H. Leland
Robert Sawyer
Also Present: Carol Borer, County Manager
Marsha Smolev, Executive Assistant
Michael McCormack, County Sheriff
Noreen Mavro Flanders, County Treasurer
Marcia Cini, County Counsel
Nelson Sigelman, M.V. Times
Richard Michelson, Airport Employee
Chairman Sibley called the meeting to order at 7:43 p.m.
Commissioner Flynn made a Motion to Approve the minutes of April 28, 1999. Commissioner Sawyer Seconded the motion. Commissioners Carroll, Leland, and Jason Abstained since they were absent at that meeting. The minutes were Approved.
Commissioner Leland made a Motion to Approve the minutes of May 26, 1999. The motion was Seconded by Commissioner Flynn. Commissioner Sawyer Abstained due to absence. The minutes of May 26, 1999 were Approved.
Commissioner Leland made a Motion to Approve the minutes of June 9, 1999. Commissioner Flynn Seconded the Motion, with Commissioner Sawyer Abstaining due to absence. The minutes of June 9, 1999 were Approved.
Mrs. Borer gave the County Manager’s Report, beginning by sharing a thank you note from Chris Look. She also explained that a copy of the Budget for FY2000 is available, but it has not yet been approved. The three candidates for the County Engineer position have been interviewed. It is expected that a final recommendation for employment will be made in about 2 weeks, and
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Employment should begin September, 1, 1999. Also mentioned: the 4 seater electric vehicle which is due to arrive next week, has been offered to the Airport; the Cape Air building is vacant and ready to be moved; and that Cape Light negotiations are on-going. Commissioner Jason questioned why Dukes County is still a member of MMA. Commissioner Carroll brought up that we get our Workman’s Comp program through MMA, hence, it was discussed, our discount for this insurance. Mrs. Borer will add to the August meeting agenda, the benefits and detriments of membership in MMA, so it can be further discussed. Commissioner Flynn considers it important to include the Boards of Selectmen in whatever decision the County makes about MMA.
Also explained was Mrs. Borer’s resignation from the Airport Business Park management since the agreement ran out December, 1998 and has not been renewed. The County had continued to do the work, but there is no longer funding for it to do so. The Treasurer is preparing an agreement between the Airport and the County for financial services rendered. It will be presented to the Airport Commission. Commissioners Jason and Sawyer appreciate the job Mrs. Borer has done. There are very few lots still available in the ABP.
Mrs. Borer brought up the employee and union issues at the Airport. She still has not heard from the Union about negotiating. Counsel’s research indicates that the County Manager, by Charter, and the County Commissioners, are the legal employers. Hence they await a request for Contract negotiations. There was discussion about the Airport’s request to move Laborers to Linemen and to employ new personnel. Mrs. Borer referred to Counsel Gilman’s opinion that moving employees is the same as a pay raise and therefore is subject to negotiations with the Union. Commissioner Leland asked what the Airport Commission’s reaction was. A lengthy discussion began during which Commissioner Flynn stated that he believes there is “a crisis at the Airport,” “an
emergency,” and that the understaffing has to be dealt with immediately. Mrs. Borer explained that Airport Manager and Assistant Manager positions will be advertised in the August edition of an Airport trade magazine, and negotiations should begin in about 2 weeks, with the Lineman issue to be a priority. Richard Michelson, representing himself as Union Steward, said that 90% of the job the laborers are doing is fueling aircraft, which he feels, makes them Lineman. He continued to say that the Union had no trouble making the three Laborers Lineman, but the County was not allowing it. He feels it an injustice that they’re not being paid for what they’re doing.
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Commissioner Sibley requested the letter from the Union, explaining their position, be sent to the County.
(Commissioner Jason left at 8:15, returned 8:24.)
Mrs. Borer asked what Mr. Michelson wanted. He wants to hire more people and pay these people for what they’re doing. Commissioner Carroll agreed that the letter stated the Union “doesn’t have a problem with it.” Mrs. Borer asked for clarification on the number of Linemen desired and further stated that there is one vacant position that can be advertised and filled, but the other three are new positions, and have to wait for Budget approval. Commissioner Carroll believed the money for the positions is there from FY99, but Mrs. Flanders explained that nothing can be done until the State Budget is approved. Then the State will look at the County Budgets; otherwise, they might pass something that would later have to be rescinded, should the State Budget fail to be
approved. Mrs. Borer read Statute from Chapter 35 Section 34 of Massachusetts General Law, which states: No new or unusual expense shall be incurred, or permanent contract made, or salary increased, until an appropriation sufficient therefor has been made by the Advisory Board on County expenditures.
Commissioner Carroll inquired as to the makeup of the negotiating team. Upon the recommendation of the County Manager, Commissioner Jason made a Motion to recommend that the County invite the Airport Commissioners to appoint a member to the negotiating committee. Commissioner Carroll Seconded the Motion. Commissioner Flynn abstained. The Motion carried.
There was a short discussion about the problem of acoustics in the courtroom. Sheriff McCormack suggested getting acoustic panels to help.
Mrs. Borer recommended appointing a County Commissioner to the negotiating team (someone who was not an Airport Commissioner.) Commissioner Collins volunteered and was appointed by Commissioner Sibley.
Commissioner Flynn was dissatisfied still that there was no answer to his request for immediate staffing at the Airport. Mrs. Borer asked that since she doesn’t know what the Airport needs, a list be made and a proposal presented. Commissioner Flynn said that takes too long. Commissioner Collins questioned why the current Airport Manager is not dealing with these issues. Commissioner Carroll said this just exemplifies the need to decide
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who is responsible for the Airport. Commissioner Sawyer wondered why these issues were not foreseen during the planning of a larger, new Airport.
Mrs. Flanders explained that additional Supplemental changes to the Budget are no longer allowed. Commissioner Jason asked Mr. Michelson who was doing jobs like mowing lawns, etc. Since these tasks are taking time away from more essential airport work, it was suggested that Sheriff McCormack might be able to provide workers to help. He will be happy to assist wherever possible. Commissioner Jason made a Motion to recognize the hard work and situation of Geoffrey Freeman, Jamie Gaspar, and David Oliveira and to strive to get them reclassified. Commissioner Carroll Seconded the Motion. The Motion passed, with Commissioner Sibley going on record that she supports it.
Commissioner Sibley moved on to the Chairman’s Report, which focused on an issue from the All Island Selectman’s meeting. A Motion was made to support the Community Preservation Act. The Motion was Seconded and passed unanimously. The Act apparently gives money to the Towns for open land once the Towns adopt the process.
Mrs. Borer presented the Fuel Bids for FY2000 and recommended the OEP Bid of $.53 offered by Danielle and Rogers which is better than the OEP Bid of .58 from R.M. Packer. Commissioner Jason Moved to Accept the Bid from Danielle and Rogers. Commissioner Carroll Seconded the Motion. The Motion passed unanimously.
Mrs. Flanders gave the Treasurer’s report in which she asked for the signatures of the Commissioners on a $1,000,000 anticipation note ( one year) for the Airport Terminal. The note was purchased by Edgartown National Bank ($800,000 at 3.79%) and Dobson Company ($200,000 at 3.95%) Mrs. Flanders explained that we borrowed $68,000 1 ½ years ago, and lately, we’ve been using County Cash to make payments.
Mrs. Flanders asked that the County Commissioners vote to allow the Sheriff to reserve $15,445.25 for next FY, and the County Engineer budget to reserve $10,500 for a computer and furniture. Commission Flynn made the Motion to do this. Commissioner Leland Seconded it. The Motion passed unanimously.
Mrs. Flanders asked that the County Commissioners authorize her to borrow up to $200,000 in anticipation of revenue in FY2000 if necessary. It would
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be paid by the end of FY2000 if it were borrowed. Money was not borrowed in FY99. Commissioner Leland made the Motion. Commissioner Carroll Seconded it. It passed unanimously.
Mrs. Flanders explained that she needs authorization for the Fuel Revolving Account. This should be reauthorized each year at the request of the Airport Commission. In anticipation of their request, Commissioner Jason made a Motion that the Commissioners give Authorization for the Fuel Revolving Account. Commissioner Sawyer Seconded the Motion. It passed unanimously. There was no update on the Treasurer’s agreement with the Airport.
Commissioner Carroll brought up the problem with the Vendor being used by the Parking Clerk. Mrs. Flanders explained Ms. May-Waite’s frustration with the Parking Ticket situation and the lack of response from the Vendor. Commissioner Carroll suggested the County process the tickets. Mrs. Borer was aware of the situation and has discussed it with Ms. May-Waite. She agrees the County should take over the processing.
Commissioner Sawyer thanked the Commissioners for their support and best wishes during his illness. He exhibited the Proclamation that was given to Mary Ann Alwardt for her devoted service. He then moved on to the need for the Commissioners to approve the formation of a Task Force for a Regional School. He made a Motion to approve the Task Force which was Seconded by Commissioner Flynn. Commissioner Carroll abstained. The Motion passed. Commissioner Sibley will appoint a Fin Com Chairman for this Task Force.
Commissioner Leland introduced the report on the Jail Study Committee Meeting that was held Monday, July 12, 1999. Sheriff McCormack said the focus was on discussing what the Sheriff’s Office does and what it requires in a new structure. There is a need to disseminate more information about the Jail Study to the public, perhaps, Commissioner Sibley suggested, a video. The next meeting of the Jail Study Task Force is scheduled for Monday August 2, 1999, at 6:30 p.m. at the Dukes County Courthouse.
Commissioner Sawyer presented information about a County Website. There was discussion and explanation. Commissioner Jason made a Motion to reserve the Website addresses and develop it as the Budget permits. Commissioner Carroll Seconded the Motion, which passed unanimously.
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Commissioner Sawyer explained his concerns about Cable TV. He thinks the County should take an active role in Cable TV negotiations.
There was discussion about expanding the process to include more people. Commissioner Sibley said that under the Telecommunications Act of 1996, so much was deregulated, that the Cable TV Committee can’t really do much. Commissioner Sawyer stressed his belief that the County needs to take an active role.
Commissioner Sawyer read a prepared statement about the need to develop Standards of Performance for County officials. Commissioner Carroll was concerned about infringing on the rights of the people who chose the officials. Also mentioned was the issue of attendance at meetings. Counsel Cini agreed the standards of performance are important, since problems could escalate to become legal issues. It’s a good idea to have a code of civil behavior, performance and conduct. The State Ethics Commission censures public officials. The Mass. Municipal Association is dealing with these issues right now. Cambridge could possibly be a model for us. Commissioner Sibley suggested Mrs. Borer meet with Counsel Cini to research this issue and see how the Charter affects it. Perhaps if
officials are given the standards when they take office, it will be easier to discuss problems later. Commissioner Sawyer made a motion to direct the County Manager to conduct research to see what other municipal and public agencies might be doing as a starting point to creating our own Standards of Performance. Commissioner Jason Seconded the Motion. The Motion passed unanimously.
Commissioner Jason asked which Commissioner told Nelson Sigelman that he attempted to influence the Board by calling an emergency meeting. He wanted the record to show that no County Commissioner said that.
Commissioner Sibley brought up the parking problem outside the Courthouse. $15 tickets do not deter people. Mrs. Flanders suggested putting up chains. Others suggested towing. Mrs. Borer will follow up on the idea of a chain.
Meeting adjourned at 10:17 p.m.
Complete text of meeting is available on tape at the County Commissioner’s office.
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JOSEPH E. SOLLITTO, JR.
CLERK OF THE COURTS
minutes071499.doc
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