The County of Dukes County
DCC Minutes 05/23/07
DUKES COUNTY COMMISSIONERS
Minutes
May 23, 2007, 4:30 p.m.
Administration Building


Call to order
Chairman Paul Strauss called the meeting to order at 4:30 p.m.  A quorum was present.  Commissioners Carlene Gatting, Tristan Israel, Lenny Jason, Les Leland, John Alley and Roger Wey were present as well as County Manager E. Winn Davis.

Other representatives or visitors present included County Emergency Management Director Chuck Cotnoir, County Engineer Stephen Berlucchi, County Treasurer Noreen Mavro-Flanders, Jim Hickey, and MVTV.

Executive Session
Paul Strauss asked for a motion to go into Executive Session.  

Tristan Israel / Roger Wey Moved to enter Executive Session for contract negotiations to reconvene into Open Session, So Voted, unanimous.

Lenny Jason asked what contract was going to be discussed.  Tristan said he thought they were to be discussing a contract situation with the County Manager.  Lenny Jason said he thought the Commissioners had agreed to do his evaluation in September.  Tristan explained they were not discussing an evaluation.  

Paul Strauss said they would be discussing the contractual arrangement of Winn’s resignation.  He said that seems to fit the requirement for an executive session.

Attorney Michael Gilman provided clarification.  He said that the County Commissioners were not going into to Executive Session to discuss reputation, character, or professional competency.  It is not an issue of collective bargaining, which referrers to a group of people not a single individual.  It is not for the purpose of discussing discipline, dismissal, or hearing complaints of an individual.  The potential outcome of this Executive Session could encroach upon potential litigation.  That would be the purpose of the Executive Session.  

John Alley asked Tristan for clarification.  He said that they had a resignation to discuss not a contract.  Tristan explained that he thought the resignation would be discussed in Executive Session, but since it has been put out on the table in Open Session he would explain that there are terms in the letter of resignation, which need to be discussed.  He considered that contract negotiations, but is fine with calling it potential litigation.  

John Alley asked if potential litigation was a legal reason to enter into Executive Session.  Attorney Michael Gilman explained that there is no litigation pending.  The Executive Session has to be about litigation strategy.  Where there is a potential for litigation there is the right to discuss the matter in Executive Session.

Roger Wey stated under the advice of Council they would be going into Executive Session to discuss potential litigation.  

Carlene Gatting pointed out that there has not been an announcement of the resignation of the County Manager.  She said the reasoning to go into Executive Session is to discuss the terms of his resignation.  

Roger Wey said that it is the intent to have the discussion in Executive Session, but to reveal the outcome afterwards in Open Session.

Attorney Michael Gilman explained that the only way to go into Executive Session, due to there being no notice or waiver given to or by the County Manager would be to discuss potential litigation.  

The vote to enter into Executive Session to discuss potential litigation was taken, (4-3-0) Lenny Jason, John Alley, and Carlene Gatting in opposition.   

Jennifer Caton, Executive Assistant (for minute taking) and Attorney Michael Gilman (for legal counsel) were invited to sit in the Executive Session.

Reconvene into Open Session at 6:45pm

Winn Davis read his letter of resignation.

John Alley / Lenny Jason Moved to accept the resignation and terms of the County Manager’s resignation, So Voted, (7-0-0) unanimous.
Atty. Gilman provided an explanation of the terms of the County Manager’s resignation.  Winn Davis would be compensated until September 14th.  He will remain active in the County office until August 17th at that time he will use his 4 weeks vacation.

Lenny Jason thanked Winn for his years of service.  He said they have not always agreed but he never questioned his sincerity or integrity.  John Alley agreed.

Paul Strauss thanked Winn.  He explained that the Commissioners have asked Atty. Gilman to prepare a letter of acceptance with the terms.  

Tristan Israel / John Alley Moved to postpone the rest of the agenda items to a future meeting and to adjourn, So Voted, (7-0-0) unanimous.

The Commissioners apologized to those who had waited to give reports.

Correspondence
·       The Dukes County Charter Study Commission meets May 24th at 5 p.m. at the VTA Admin Building.
·       Mosquitoes Control Seminar will be Thursday, May 31st at 9am at the West Tisbury Fire Station.
·       The Dukes County Airport Commission will meet on Wednesday, June 6th, at 5:30 p.m. at the Airport Administration Building.
·       The Dukes County Retirement Board will meet Tuesday, June 12th at 10am at the County Admin Building.
·       The Dukes County Commissioners will meet on Wednesday June 13th, at 5pm at the County Administration Building.

Correspondence.
·       NACo correspondence
·       Letter from Cape Cod Municipal Health Group
·       The Dukes County Charter Study Commission meets May 10th, at 5 p.m. at the VTA Administration Building.
·       The Dukes County Airport Commission will meet on Wednesday, May 16th, at 5:30 p.m. at the Airport Administration Building.
·       The Dukes County Commissioners will meet on Wednesday May 9th, at 5pm at the County Administration Building.

Adjournment:
With no further business, the meeting was adjourned the meeting at 7:00 p.m.

Respectfully Submitted by:


_______________________________________
JOSEPH E. SOLLITTO JR., Clerk of the Courts
12172007_80956_0.bmp