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DCC Executive Session Minutes 2003-08-13 6pm

An Executive Session of the County of Dukes County Commissioners was held Wednesday,
August 13, 2003 at 6:00 p.m. in the conference room of the County Administration Building, notice of such meeting having been posted as required by law.

Commissioners Present: Leonard Jason, Jr.; Robert Sawyer; Leslie Leland; John Alley, Chairman; Nelson Smith; Paul Strauss; Roger Wey    
Also Present:  Dianne Powers, Attorney Michael Gilman (6:37 p.m.), Marsha Smolev (6:37 p.m.), Noreen Flanders, Jack Law.

The meeting was called to order at 6:02 PM.  The Commissioner moved into Executive Session for the purpose of discussing Airport Litigation at 6:05 PM.  Airport Commission Chair Jack Law presented a vote of the Airport Commission regarding legal counsel for the Airport.  After a recess at 6:30 PM, the meeting continued when Attorney Gilman arrived at 6:37 PM.   Mr. Gilman reported that there was a Court date set for August 28, 2003 in Superior Court in Fall River.  Considering Mr. Gilman was about to embark on a vacation, he said he came to ask the Commissioners for a consensus on how they wanted to proceed.  The two issues were:  an operating procedure had to be established between the Airport and the County for all time, and there had to be resolution of the issues concerning Airport Manager Weibrecht and Assistant Manager Flynn.
Commissioner Jason informed Mr. Gilman that he was the new attorney for the Airport Commission and that Palmer and Dodge’s services were being discontinued.  Commissioners Jason, Sawyer and Ms. Powers agreed that this eliminated one problem because it showed the Airport and County were one and not in conflict.   

Discussion followed about the issues with Manager Weibrecht and Assistant Manager Flynn, including contracts, grades and steps and what the Commissioners wanted to include in any settlement. Commissioner Sawyer said there was no need to offer ‘a carrot’ or incentive to settle, that the Commissioners had already done the responsible thing by regarding the positions after researching them.  There was discussion about the costs of litigation. Mr. Gilman said the County position is that the contract has no validity since there was no appropriation.  
Mr. Gilman said there were two lines of thought:
1.      Keep them where they’re at, give them a step
2.      Place within the range as close to the old contract rate as possible and waiver on retro
   payment. And that’s it until a COLA for everyone or step after a positive evaluation.

The Commissioners were asked to decide 1 or 2.
Commissioner Sawyer – 1; Commissioner Wey – 2 (with no retro), Commissioner Jason – 2, Commissioner Smith – 2, Commissioner Strauss – 2 (up to that, with no retro), Commissioner Leland – 2, Chairman Alley – 2.  
Mr. Gilman asked about paying Weibrecht and Flynn’s legal fees. Commissioners Sawyer, Jason and Alley said that was their problem.

Chairman Alley called Roll Call vote to adjourn: Commissioner Sawyer – aye; Commissioner Wey - aye; Commissioner Jason – aye; Commissioner Smith – aye; Commissioner Strauss – aye; Commissioner Leland – aye; Chairman Alley – aye.  
The Commissioners adjourned the Executive Session at 7:35 PM.

The County of Dukes County PO Box 190, Edgartown, MA 02539
Phone: 508.696.3840    Fax: 508.696.3841
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