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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.