HomeMy WebLinkAboutCounty Commission Minutes 10-22-2008_201402051726452595County Commissioners
Minutes of the Meeting of 22 October 2008. The meeting took place in the Court Room, Town and
County Building, 16 Broad Street, Nantucket, MA 02554. Members of the Commission present
were Rick Atherton, Brian Chadwick, Michael Kopko, Allen Reinhard, and Patricia Roggeveen.
Chairman Chadwick called the meeting to order at 6:00 PM.
Approval of Minutes of 24 September 2008 at 6:00 PM; 1 October 2008 at 6:00 PM. Chairman
Chadwick recused himself from considering the minutes, and turned over the proceeding to Vice
Chair Atherton. Subject to the correction of a reference to Burnell Street, the minutes of 24
September 2008 and 1 October 2008 at 6:00 PM were approved by the unanimous consent of the
meeting. Chairman Chadwick resumed the chairmanship.
Approval of Payroll and Treasury Warrants for September 2008. The payroll and treasury warrants
for October 2008 were approved by the unanimous consent of the meeting with the exception of
four invoices submitted by the Sheriff: a request for a $1,250 donation to Nantucket Youth Hockey,
a request for $1,192 for wind shirts, $955 for a kennel for the Nantucket Police Department Canine
Program and $1802 for repairs to a boat, all of which to be held for further review.
Sheriff: Request for Amendment to County Classification and Compensation Schedule (tabled from
20 August 2008; 24 September 2008). Chairman Chadwick asked if the Sheriff was present or if
anyone was present to speak on behalf of the Sheriff. Attorney Matthew Murphy, of the law firm
Foley and Foley, stated that he was present to speak on behalf of the Sheriff. Mr. Murphy said that
he had come to the meeting in order to address some of the conflict between the Sheriff and the
County. Mr. Murphy provided a copy of a 2005 letter from David Westerveldt, chair at the time, of
the County Government Finance Review Board (CGFRB). Mr. Murphy cited various sections of
the letter and his opinion as to the interpretation of the letter. Chairman Chadwick reminded Mr.
Murphy of the agenda item the Commission was considering and asked if his comments were
pertinent to that item. Mr. Murphy said his comments were pertinent, as they relate to the
discussion of a position title of a position in the Sheriff’s Department, listed on the current
compensation schedule. Mr. Murphy said that the Sheriff’s office is similar to the School, in that
local authorities have little control in regard to their finances. Mr. Kopko asked if Mr. Murphy is
aware that the Nantucket County Sheriff’s Department was funded through local revenues,
Registry of Deeds funds. Mr. Murphy said that those funds are State funds, and Mr. Kopko agreed
but stated the funds are locally generated.
Mr. Murphy said the Sheriff would like to come to some sort of an agreement regarding Sheriff
expenditures. He said that the expenditures are often questioned and held over, and cited the
Sheriff’s request for an educational incentive as an example. Mr. Murphy stated that there are
thousands of county employees throughout the Commonwealth who receive an educational
incentive. Chairman Chadwick asked how many Sheriffs in the Commonwealth receive such an
allowance, to which Mr. Murphy responded “two.” Chairman Chadwick said that after conferring
with its counsel, the Commission did not approve the Sheriff’s request for an educational allowance
for legal reasons.
Chairman Chadwick said that he wished to stay with the matter before the Commission. He stated
that the request is for a change in title of a position from “Administrative Assistant” to “Assistant
Deputy Superintendent.” Mr. Kopko asked Town and County Manager C. Elizabeth Gibson to
define the issue. Ms. Gibson said that in its capacity as the County Personnel Board the County
Commission has the authority to establish a compensation and classification schedule. She said
the Commission adopted a schedule in July, 2008, after sending it to the Sheriff and the Registry of
Deeds for review. Subsequently, the Sheriff said he did not receive the schedule. After the
schedule was approved by the Commission, the Sheriff said he did not agree with the title of the
position in question, and submitted an amended title to Ms. Gibson. She clarified that the request
now before the Commission is to change the title from “Administrative Assistant” to “Assistant
Deputy Superintendent.” Chairman Chadwick noted this change would move the position from
Group One to Group Four in the retirement group. Chairman Chadwick asked Peter Berry, Labor
Counsel, if he could explain the differences in the titles. Mr. Berry said that under Chapter 264,
Acts of 1979, the County Commission is empowered to sit as the County Personnel Board. Mr.
Berry said that since the County contracts with the Barnstable House of Corrections for
incarceration services, it is appropriate to ask what the position has to do with prisoners. He
advised the Commission to request a job description for the position from the Sheriff, and added
that he had requested a job description but had not received it. Chairman Chadwick said that the
Commission must decide whether to change the title as requested by the Sheriff.
Mr. Reinhard noted that there are stringent requirements for the position, and that the Sheriff had
not made a good case for changing the title. Since Nantucket County does not operate a house of
corrections, Mr. Reinhard said that it was hard for him to imagine that there would be any way to
justify the change. Mr. Kopko said that it is his understanding that the Commission could decide to
call the position whatever it liked but in the end it would not matter. He asked Mr. Murphy if that
was the case, to which Mr. Murphy responded that the CGFRB controls the Sheriff’s funding. Mr.
Kopko asked if the Sheriff would abide by the decision of the Commission. Mr. Murphy responded
that the Sheriff would not abide by the Commission’s decision. Mr. Kopko then asked Mr. Murphy
why he had made the effort to attend the meeting, if it was his opinion that any decision of the
Commission was irrelevant, as the Commission had no authority. Mr. Murphy said that he had
attended the meeting in the interest of “avoiding bad government.” Chairman Chadwick asked
under which title the incumbent in this position was hired. Mr. Murphy answered that she was hired
as Superintendent of Operations, but for the sake of continuity with other Counties the Sheriff
would like the title to be Assistant Deputy Superintendent. Ms. Gibson said that regardless of
whether or not the County had a house of corrections, it would be appropriate to make the change
if the title was commonly used for similar positions in other Sheriff’s offices. Mr. Kopko said that he
felt it was important to agree and move on. Mr. Atherton said that he realized that the new title
would cause an increase in cost for the position’s pension schedule. Mr. Kopko said that perhaps
voters would consider the Sheriff’s financial actions while they are at the polls. Mr. Kopko made a
motion to approve the request to amend the County Classification and Compensation Schedule;
seconded by Mr. Atherton. Mr. Kopko and Mr. Atherton voted in favor. Mr. Reinhard, Chairman
Chadwick and Ms. Roggeveen were opposed. So voted not to amend the schedule.
Request for Assent to Land Court Petition for Confirmation of Street Layout Dimensions in
Connection with Subdivision of Property at McKinley Avenue and Cottage Street, Sconset.
Attorney Steve Cohen, representing the petitioner, indicated that the petition seeks Land Court
approval for the boundaries of a survey and the road layouts; and he is here before the County
Commissioners to seek their assent to the petition. Mr. Atherton asked that it be clarified that this
request does not modify the road in any way. Mr. Cohen confirmed there is no modification of the
road. Mr. Atherton moved assent to the petition for confirmation of street layout dimensions in
connection with subdivision of property at McKinley Avenue and Cottage Street, Sconset;
seconded by Mr. Kopko. So voted unanimously.
Public Hearing to Consider Petition to Modify Layout of Miller Lane.
Chairman Chadwick said that the request is to layout a portion of Miller Lane as a County road.
Kevin Dale identified himself as the attorney for Mary Glowacki, the petitioner, and stated that Ms.
Glowacki is in possession of three lots of property that are landlocked along Miller Lane. He said
the request is for a strip of land eighty feet wide, with forty feet of land to be used for the roadway
and forty feet to be used for a buffer to adjacent properties on Daffodil Lane. Mr. Dale stated that
his client agrees to pay all of the costs related to road construction. Mr. Kopko noted that the issue
of laying out Miller Lane has been before various groups over the past two years. He said that it
has been discussed with the Board, the Finance Committee, the Planning Board, and at two
Annual Town Meetings. Mr. Kopko asked Mr. Dale why there is a request for modification at this
stage after all of the discussion and planning that has taken place. Mr. Dale responded that he
does not know, and that he was contacted about the issue only a few months earlier. Walter
Glowacki stated that his family has owned and paid taxes on the property since the 1960’s. Mr.
Glowacki said that a previous gift of land by Mr. Miller was “obviously” intended for the purpose of
extending the road, and that approving the request would provide access to an area where more
housing could be built.
An abutter, David Small, stated that he has lived on Daffodil Lane for five years. He said the
extension of the road would create an “island” of the lots on Daffodil Lane, and that the road would
affect eleven families. Mr. Small said an incentive for buying his property was the fact that it
abutted County land. He added that the proposal twice before Annual Town Meeting was voted
down both times. Cormac Collier, Executive Director of the Nantucket Land Council, stated that he
attended numerous hearings regarding the matter, and that it is the policy of the Land Council to
support open space. Mr. Collier said that other access points should be used to reach the
Glowacki property. Steve Cohen, another abutter, stated that the properties in question are not
landlocked, as Mary Glowacki owns three adjacent lots on Old South Road. He added that the
request is an attempt to avoid using Ms. Glowacki’s property to access the lots. Chairman
Chadwick said that because there is opposition at this hearing a second meeting would be
required. Ms. Roggeveen asked that it be clarified that the request is only for an extension of the
road to access the lots and not create a new “thru-road.” Chairman Chadwick said the request is
only for the extension.
Commissioner’s Reports/Comments
Review of September 25, 2008, Massachusetts Association of County Commissioners Meeting.
Chairman Chadwick said that the meeting focused around new developments in County
government. He said the meetings also highlighted Sheriff’s departments and how they are being
funded. He added that a workgroup of representatives would be meeting to discuss these issues
further and find alternatives.
Adjournment
The meeting was unanimously adjourned at 6:56 PM.
Approved the 19th day of November, 2008.