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DCC Minutes 09-10-08
 Dukes County Commission Meeting Minutes
Wednesday, September 10, 2008
5 p.m.
County Administration Building

Call to Order
Chairman Leslie Leland called the County Commissioner’s meeting to order at 5:05 p.m.  Commissioners Roger Wey, Tristan Israel, John Alley, Leonard Jason, Jr., Melinda Loberg and Carlene Gatting were present.  

Also in attendance were County Manager Russell Smith, Executive Assistant Martina Thornton, County Treasurer Noreen Mavro-Flanders, Charter Study Commission members Tad Crawford, Dan Flynn & Jim Newman and Joanie Ames of MVTV.

Les Leland welcomed Melinda Loberg as a new County Commissioner.

Tristan Israel / Roger Wey moved to approve the Minutes of August 13, 2008 meeting. So Voted. In favor: Israel, Wey, Gatting, Leland, Alley. Abstained: Jason, Loberg (5-0-2).

County Manager’s Report

Bob Gilkes is asking the County if he can take shells from the beach in Oak Bluffs. He was granted permission to do so in the past. He has been doing it for past 15 years. It is non-commercial use. He uses it in his driveway as the slipper shells are harder then the scallop shells. He takes small quantities at a time. He cannot take it if it is more then 20% stone and he would like to keep it under 10%. He would check with the Manager before he goes to take it. Tristan asked how many truckloads does he take. Bob said he uses a trailer and trash barrels and takes 8 barrels at a time, twice a year.

Tristan/ Melinda moved to allow Mr. Gilkes to take the shells for one year from today pending any other permits that he needs to get. All in favor.

Question was raised if he needs permission from the Oak Bluffs conservation commission. He will be taking the shells on the ocean side of the beach by the big bridge, which is under the County jurisdiction, but in case he needs another permit the motion does account for it.

Trial Court Rent – Noreen Mavro-Flanders (Treasurer)

The county budgeted $50,000 for rental income for fiscal year 2008.  However, we received $62,687.53 from the Executive Office of the Trial Courts (EOTC). Noreen explained that the rent is based on expenditures of the previous fiscal year. In FY2007 we spent $70,588.35 out of which $13,411.78 were county costs (19%) and $61,310.07 were state costs (81%). Noreen charged an administration fee at $0.70 per square foot but EOTC paid $0.8225 per square foot.  There was a new auditor for EOTC and Noreen asked him why we did not get paid for the $709.00 Edgartown Paint store invoice from last year, which was supposed to be 100% state cost. The Auditor figured it at $654.10 and Noreen was happy with that. In total it was $1,377.46 more than what was on the schedule of costs and $12,687.53 more than budgeted.

Noreen noted that the administrative cost we receive from EOTC over the years goes up and down; we never know what we are going to get. In 2000,2001 & 2002 and 1993-1996 they did not pay anything.

For the benefit of newer commissioners Noreen explained how the EOTC decides what the counties are paid for courthouse rent. If EOTC gets an appropriation of  $10,000,000 to pay the court leases, they first pay the private leases. If those total $9,000,000, there is $1,000,000 to be distributed proportionally between the counties that they rent from. This year the money they budgeted was spent and they had to go to the legislature for a supplemental budget.  Therefore, we never received our 3rd quarter payment in May.  Noreen asked EOTC Lease Attorney, Chris McQuade where our payment was, and where the legislation for the courthouse roof stood. Mr. McQuade reported that no counties would receive the 3rd or 4th quarters until the legislation passed and the audit was complete.

Roger asked why there was a difference between the budgeted amount for FY07 and FY08. Noreen answered that the state pays rent based on previous year expenses. We cannot count on getting the administrative fee. The 81% state, 19% county division is based on the square footage used by the state in the courthouse. This is not the first year that they paid the full amount of expenditures, but it is the first time they paid $.8225 per square foot for administration fees.

Budget Approved – Noreen Mavro Flanders
Noreen said that the Budget was approved by the County Government Finance Review Board (CGFRB). They did not approve it in July because of the Sheriffs expenses. The CGFRB was of the opinion “If the counties want to keep the Sheriffs Departments, maybe they should pay a larger share of the expenses.” We will see another round of supplemental budgets for the Sheriffs’ departments in FY09. There will be a meeting on the 26th of September in New Bedford with the Massachusetts Counties Elected Officials to come up with a solution regarding the funding of the Sheriffs. Tristan will attend as he feels that it is very important meeting. County Manager Russell Smith, Sheriff Michael McCormack, Register of Deeds Dianne Powers and County Treasurer Noreen Mavro Flanders will also attend.

Cost of Living Allocation (COLA) – Noreen Mavro Flanders
The funds for a COLA are included in the FY2009 budget. Senior Financial Clerk Tammy Deese surveyed different towns and found that Oak Bluffs gave a 2.6% COLA, Tisbury 3.5%, West Tisbury 3.8%, Chilmark 3.6% for FY08 and 2.5% for FY09, Aquinnah 3%, Edgartown 4%. Russell and Noreen agreed that there is enough money to pay a COLA at 3%. Noreen said that she and the staff could not find any indication of the percent that was voted on during the budget process in the Minutes. Tristan said he thought it was approved at 2%. Noreen said that there is $15,000 allocated for COLA, which is more than 3%. In FY08 it was initially 2% and then it was increased to 3%.
Carlene mentioned that she remembers the discussion about the fact that the towns only pay 75% of the employee health benefits as opposed to 90% that the County pays. Noreen argued that what we did not discuss was the increase of the cost of living in different towns on the island, which is higher than on the mainland, and the difference in step increases on the salary scales.  For example Edgartown gives a 5% step increase with a 4% COLA where the County only gives a 2% step and is requesting a 3% COLA.  

Roger/Tristan moved to use the $15,000 that is budgeted to authorize a COLA at 3% for fiscal year 2009. So voted. In favor: Leland, Alley, Wey, Leland, Israel, Loberg; opposed – Gatting (6-0-1)

Court House Maintenance – Russell Smith
It was brought to the Manager’s attention that there is a strange odor in the Court House and people were concerned about respiratory issues due to mildew. Russell asked Donald Cronig from Beacon Home Inspections for help. Mr. Cronig did an inspection and found out that the crawl space under the Court House is dry and overall in good shape. Several employees from the Court House filed complaints and as a result the Trial Court sent an inspector from the Massachusetts Department of Health down also. This gentleman did carbon monoxide measurements and an inspection of the whole building. He determined that the odor is due to toilet overflow and dirty water running under the fake wood flooring. The thresholds are not sealed. Russell said that he plans to redo the flooring and seal the edges and thresholds so this does not happen in the future. Russell and the inspector also looked at the roof and found out that the roof drains run on the inside of the building and that’s what caused the damage to the building. Russell said he then contacted the insurance company and the adjuster is coming tomorrow to look at the damage.. He and Dianne Powers also created a list of courthouse maintenance of the Court House that needs to be done.

State Beach

Russell informed the Commissioner that there was $4000 left from last year’s grant for preservation of the beach and the money was used to purchase beach plums and Rosa Ragosa to be planted along the road with the help of the Sheriff’s Department.  

Russell also stated that the Eastville beach committee met that day and Tristan would like to speak on their behalf. Tristan asked the Commissioners for permission to advertise in the newspaper that on October 4th at 9am they would like volunteers to come to dig up the invasive spotted napweed at the Eastville Beach. People can come with gloves and tools to do it. If it were a rainy day the alternative day would be October 5th. The Board agreed.

Chairman’s Report – Leslie Leland

Assent to a Land Court Petition – Layout of Chappaquiddick Road
Les asked Martina Thornton, the Executive Assistant to the County Manager to explain what the Petition about. Martina explained that a portion of Lot A on Land Court Plan No. 15300-B was take in 1950 by the County of Dukes County to be used as part of Chappaquiddick Road via a document laying out the road, filed at the Registry as Document No.2712. The taking was noted on the encumbrance sheet for Certificate of Title No.6069, but it is not noted on current Certificate of Title No. 12091. The Petitioner is asking the Land Court to: 1. Approve a new plan, partial copy of which was presented to the Commissioner, which shows the portion of Lot A taken by the County as separate Lot 11; 2. To add the taking as a reference on the encumbrance sheet for Certificate of Title No. 12091 and any subsequent Certificates of Title and 3. To issue a new Certificate of Title in the name of County of Dukes County.

Carlene/ Melinda moved to sign the Assent to the Land Court Petition. So voted. All in favor.

Carlene asked who owns the road and there was a discussion on this subject. Lenny stated that the Town of Edgartown owns the roads; that the County voted to give the roads to the towns for maintenance in the past.

Family Day Proclamation
Les asked Russell to read the proclamation of a Family Day, which we were asked to issue by The National Center on Addiction and Substance Abuse:

WHEREAS the use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children;

WHEREAS 13 years of surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs;

WHEREAS frequent family dining is associated with lower rates of teen smoking, drinking, illegal drug use and prescription drug abuse;

WHEREAS the correlation between frequent family dinners and reduced risk for teen substance abuse is well documented;

WHEREAS parents who are engaged in their children’s lives – through such activities as frequent family dinners – are less likely to have children who abuse substances;

WHEREAS family dinners have long constituted a substantial pillar of family life in America:

Now, therefore, we, the County Commissioners, do hereby proclaim the fourth Monday of every September as Family Day – A Day to Eat Dinner with Your Children and urge all citizens to recognize and participate in its observance.

Tristan / Roger moved to make the proclamation as read. So voted. All in favor.

Russell noted that the Family Day would be this year on Monday September 22nd

Old Business

Suggested changes to the Administrative Code recommended by the Charter Study Commission

Russell stated that there is still work to be done regarding some of the recommendations and some recommendations need different actions to accomplish them. John and Lenny did go though all the recommendations and made revisions to the Administrative Code. Russell said, he would like to go through all the recommendations and see what approach the Commissioners would like to take, but he would like to focus only on the ones that we could accomplish by changing the Administrative Code. Russell read the Recommendations with the following comments:

Improve the Accountability of the Dukes County Commission to the Voters
·       Require that a question calling for the creation of a Dukes County Charter Study Commission be placed on the County/State ballot every eight years beginning from the election in November 2008.

- We will review this recommendation another time

·       Incorporate provisions for voter-initiated recall of county commissioners into the Administrative Code and pursue special enabling legislation, if needed.

- There is no recall provision in MGL, Tisbury has a recall provision it their charter but there is no clear path of how it should be done. We got town bylaws from 4 different towns and they vary quit a bit. There is also a question if this can be done only through the Administrative Code, but more likely we will need to file for a legislation change and have lawyers make the draft. We will address this again later.

·       Conduct annual countywide public meeting(s) to discuss county programs and the budget, prior to formal approval by the County Commission.

-We amended Section VIII. of the Administrative Code on page 15 as follows:

“The Commission shall:
-Conduct an annual Countywide public meeting to discuss County programs and the budget, prior to formal approval by the County Commission.
-Collaborate with the County Advisory Board in establishing County objectives and in preparing the annual budget.”

Tristan had an objection as he feels that the word ‘collaborate’ is not correct and he would like to change it to wording that states the Commissioners should get input from the Advisory Board as far as what to see us doing. Lenny commented that ‘collaborate’ means the same as ‘working together’ but Tristan felt that the Commissioners are the ones at the end of the process and being responsible for the proposal. The Commissioners agreed to change the wording to:

“- Establish County objectives and prepare the annual budget with the input from the County Advisory Board”

·       Require representative County Commissioners, the County Manager and/or the County Treasurer to participate in the meetings of the Island Finance Association.

- We contacted the Island Finance Association, which is made out of the towns’ Finance Advisory Boards, to find out if we can be invited to their meetings and if the County Manager, Treasurer and members of the County Advisory Board can attend. Russell suggested that the Commissioners could appoint a specific associate commissioner to go to their meetings. Carlene suggested we revisit this after the representatives of the county meet with the Island Finance Committee representatives and decide if we can be included.

Tristan/Carlene moved that the Commissioners are supporting the concept of the County participating in any all-island Finance Committee’s meetings. So voted. All in favor.  

Carlene made a comment that this way it stays on the list.

·       Hold County Commission meetings in different towns from time to time during the year.

- We made an addition to the Administrative Code on page 3 - Sect. IIA 3e) which now reads: ”The establishment of times and places for board meetings; which may be held in different t owns from time to time during the year;” Lenny had an objection, he had proposed the word ‘shall’ and it was changed to ‘may. Russell commented that in the past the county had scheduled meetings in different towns and very little people showed, but we have to keep trying. The county used to have the meetings in the same place the all-selectmen’ meeting was scheduled to be, but then their meetings changed to be in one location and that was the end of that. Russell commented that he felt that the word ‘may’ gives the commissioners an option to do it. Lenny and Tristan agreed that the Charter Commission recommended doing it and the Commissioners should make the effort to fulfill the recommendation by being obligated to do it from time to time. Tristan added that sometimes nobody shows up for the regular County Commission meetings at the Administration Building other then the MVTV.

Tristan/Lenny moved to change the word “may’ to word “shall”. So voted. All in favor.

Recommend Ways for the Dukes County Commission to Strengthen its Relationships with Town Governments
·       Expand the County Commissioners collaboration with the County Advisory Board in establishing County objectives and in preparing the annual budget.

-  This section was added to the Administrative Code Section VIII. on top of the Budget Policies on page 15 as voted on earlier.

·       Work with town Selectmen to strengthen the All-Island Selectmen organization as a forum for addressing issues of multi-town and regional concern.

- County Manager does and will continue to attend All-Island Selectman’s Meetings and some of the Commissioners are Selectmen and attend the meetings also. The next meeting is on October 3rd at the Senior Center.

·       Require representative County Commissioners and the County Manager to hold periodic meetings with individual Town Boards of Selectmen.

-County Manager will continue to attend selectmen’s meetings across the Island and again some Commissioners are Selectmen themselves.

·       Expect the County Manager to participate actively in all regularly held meetings of the Town Administrators group.

- Russell called to be invited and is waiting to see if we can participate.  Roger said that he thinks Russell should be welcomed as the communications between the towns and the County is important.

-Recommendations from this section are also covered by the statement added to the Section I. – the Intent of the Administrative Code talking about maintaining strong working relationship with towns.

Strengthen the County’s Relationship with Other Regional Organizations
These regional organizations include the Martha’s Vineyard Commission (MVC), the Island’s Public Schools, MV Regional Transit Authority, MV Refuse Disposal District, Dukes County Housing Authority, and other functions that might be more efficiently provided on a regional basis.

·       Assign to each County Commissioner a liaison responsibility with one or more inter-municipal/regional organizations, including Planning (MVC), Affordable Housing, Water Protection (including Waste Water Management), Solid Waste Management, Economic Development (including Agriculture), Energy, Transportation, Public Safety, and Health & Human Services.

-Currently we appoint members to the MV Commission, Health Council, Agricultural Committee and have representative to the Cape Cod Light Compact. Tristan argued that the Charter Commission wanted to assign a County Commissioner to each organization. Tristan is member of the Island Housing Trust, Lenny and John are members of the Transit Authority, which is good today but we do not have a process in place how to make sure that it will always be the case. Carlene asked if the Commissioners could appoint an associate commissioner to some organizations instead? Tad Crawford of the Charter Study Commission stated that he thanks Russell for the opportunity to review the changes to the Admin. Code beforehand and that most of the recommendations were addressed the way the Charter Study Commission hoped they would be by amending of the Administrative Code, some of the recommendations do not require changes to the Administrative Code right now. It is more important to find out the best way, how these recommendations should be addressed and give it priority. He said that it does not have to be the Commissioners themselves on all the regional organizations’ boards, more important is an active outreach of the County to the community as a principal. Carlene suggested that the County Manager could do it is some instances. Lenny argued that the Charter recommendations call for a county commissioner to go to the meetings and report back and that the commissioners should have at the next meeting a sign up sheet to sub-committees and then see what regional organizations fall under each category. Carlene stated that the list of the organizations is long and things that Russell could cover some of it. John suggested that the Commissioner approve the concept for this recommendation and go into the specifics later. Tristan stated that in the energy field the Commissioner appointed their representative to go to the Cape Cod Light Compact meetings and he feels that it is better to have an expert to attend the meetings. Carlene suggested that the recommendation should be “Commissioner or associate commissioner or the county manager the liaison…” Russell noted that the charter recommendations are recommendations and the Commissioners can work with it and change it if they feel it more practical and effective. Dan Flynn from the Charter Study suggested that if the County has a liaison for economic development he should attend the Chamber of Commerce meetings as money generated from the sale of the Cape and Islands license plates is designated to be spent on economic development and tourism and the County should find out if it could assist the Chamber with any of these initiatives.

Carlene/ Tristan moved to amend this recommendation so that the County Commission will assign a liaison responsibility to County Commissioner or their designee, or the County Manager for each of the regional organizations listed, they will include Chamber of Commerce among the organizations listed, and have an intent to amend the Administrative Code in that matter later when they decide if the change is needed. So voted. All in favor.

·       Create an All-Island “Roundtable” made up of representatives from key functional areas to improve the understanding of the County’s needs for regional/intermunicipal collaboration.

·       Form ad hoc working groups of community and subject matter experts as needed to address specific issues of regional concern.

- This is common practice. Currently the County has sub-committees working on adopting the Charter Study Commission Recommendations and another group was working on beach regulations, we appoint associate commissioners, we appointed representatives to other regional organizations as stated before - we are using the structure. Tristan commented that the ‘round table’ means more broad group of people and he would like the Commissioners to pass a resolution to carry out this recommendation on annual bases. Russell commented that this section of recommendations talks more about how the County and the Commissioners should operate and it is not part of the Administrative Code changes presented.

Tristan/ Lenny moved that the Commissioners would pass a resolution to carry out this recommendation on “annual bases” next time. …….

·       Conduct joint meetings of Martha’s Vineyard Commissions and Dukes County Commissioners at least once annually and conduct regular joint meetings of MVC and DCC staff for the purpose of identifying and working on issues of mutual interest, including the possible sharing of services.

-Dukes County currently has a member on the Martha's Vineyard Commission and we have an avenue to do this.

·       Participate in an analysis of the services currently delivered by the County, other Island-wide or multi-town public entities, etc., as well as best practices off-Island, in order to identify the criteria that can be used to determine which entity is best placed to deliver specific services, including the possible transfer of existing services.

-This is an on going process. The Commissioners met last winter and spring to discuss all possible services, it is a moving target, we added this recommendation to the Section I. of the Administrative Code on page 2 in a preamble as an intent: “–The County Commissioners and the County Manager shall:

- Maintain a strong working and positive relationship with the Town Governments and regional organizations to create a forum for addressing issues of multi-town and regional concern; “

·       Continue to pursue the current efforts of the County Commission to develop opportunities to collaborate with the Wampanoag Tribe of Gay Head (Aquinnah) and urge the Commission to identify “mutually agreeable” mechanisms for creating a productive partnership.

-The medical reserve corp has an office in our building and is being headed by the Tribe member and so we have a close contact. Carlene suggested adding to the preamble the Wampanoag Tribe of Gay Head (Aquinnah) after the Town Governments, everybody agreed.

Continue to Explore Opportunities to Enhance County Revenues and/or Reduce Operating Expenses
·       Consider income generating opportunities including fee-based services; full State funding of the State’s portion of the Courthouse assessment; aggressive pursuit off Federal, State and private grants, including Federal grants for the preservation of historic buildings; fees for use of County properties; the sale or leasing of County assets, participation in a regional power or other utility as well as other innovative and creative ways for raising revenue.

-Added to the preamble in Section I. of the Administrative Code on page 2:” Consider income generating opportunities including fee-based services; aggressive pursuit of Federal, State and private grants, fees for use of County properties, the sale or leasing of County assets, participate in regional power and other utility initiatives as well as other innovative and creative ways for raising revenue. “

·       Obtain a definitive written opinion from Legal Counsel regarding the County receiving lease payments from the Airport.

-Letter from Daphne A. Fuller. Assist. Chief Council, FAA, dated 7/18/08 that the County received addressed this issue. Lenny added that it says the same thing as the letter we received from FAA counsel in prior years.

·       Work with the State legislature to pursue revenue sources that would require special legislation, such as a County room’s tax.

- County room tax legislation was filed by Senator O’Leary for the 185th session and will be filed again for the 186th session of the Massachusetts General Court.

·       Ask the Department of Revenue (DOR) to conduct an operational assessment of the County, similar to the DOR studies performed for several Vineyard Towns

- Noreen contacted DOR asking for the audit. The letter of their response is presented under the correspondence. Carlene/ John moved to authorize the Treasurer to request DOR to do the audit. Discussion: Russell stated that some towns do it only every 2 -3 years and have problems because of it. The County is audited annually and each year considers and adopts the recommendations given by the auditors, so we should be in good shape. DOR told us that they couldn’t do the audit sooner then January. Jim Newman of the Charter Study Commission comments that the audit the Charter Study Commission is asking for is not financial audit but an operational functional audit – to find out if all the operations are done in the most effective way possible. So voted. All in favor.

Revise the County Manager Form of Government
·       Seek special legislation that would exempt Dukes County from the language in MGL Chapter 34A §18 that states that the County Manager “shall serve for an indefinite term” and “that the position is and shall be a full-time position”.

- Bill language received from House Council the wording is that the Manager shall “serve at the pleasure of the board” and it should be “ a full or part-time position”. The bill will be file for the 186 sessions, which gives us 2.5 months to fine tune the language and get back to it.

·       Require that the County Manager reside on Martha’s Vineyard after the incumbent’s initial probationary period without allowing a waiver by the Commission.
-This will also need a legislation to be filed to change the language in the MGL; in the meantime we revised the Administrative Code Sect. II B.1to read: “At the time of his appointment the manager need not be a resident of the county but must reside on Martha’s Vineyard after the incumbents initial probationary period.”

Carlene asked when can the Commissioners see the amended language to the MGL Chapter 34A Sec.18. Russell said he needs to go back to the house counsel to add the residency requirement and change the full- time position requirement. Tad Crawford commented that is pleased that Russell took the initiative to make these changes even if it is against his interest and that it is a good idea to have it spelled out in the Administrative Code. Carlene asked if we could do it before the legislation is changed. Russell answered that we are only recommended changes to Administrative Code that will not put us in conflict with the MGL.

Revise the Dukes County Commission Appointment Process
·       Unless otherwise restricted by MGL, limit to one the appointment of a County Commissioner to a given organization.
·       Prohibit the appointment of any County Commissioner to an agency that compensates its members (e.g. the Retirement Board).

·       Delay appointments from January until March, except where specified to the contrary by MGL.
·       Commence advertising all open positions after the holidays.
·       Clearly specify the purpose of each position.
·       Consider all applicants for all positions on an equal basis, including incumbents.
·       Make all appointments by the full Dukes County Commission in an open meeting, including those appointments that MGL specifies be made solely by the Chair.

- Revision to the Administrative Code on page 3 - Sect. II A.2.d) as follows:” shall appoint members of all boards and commissions and other bodies whose manner of appointment is not otherwise specified in this section in an open meeting. The appointments that MGL specifies be made solely by the Chair shall also be made in an open meeting. Unless otherwise required by MGL, there shall be a limit to one appointment of a County Commissioner to a given organization. County Commissioners cannot be appointed to an agency that compensates its members. All open positions shall be advertised in January and the appointments made in March, except where specified by MGL.”  Tristan noted that the Commission already voted it on. Carlene had a questions why is there a special line for the appointments done by Chair. Lenny answered that the MGL requires the Chair to appoint an Associate Commissioners for Health and an Associate Commissioner for Handicap and the Charter Study Commission wants that to be also done in an open meeting.

·       Require that all appointees periodically communicate to the Commission at least once annually a given agency’s issues of concerns and vice versa.

·       Require that all organizations appointed by the Commission periodically brief the Commission at least once annually on their functions, activities and issues, including the submission of a written report for inclusion in the Dukes County Commission’s Annual Report.

-On page 13 of the Administrative Code Section V.A we added a second paragraph that reads:” Appointees are required to periodically brief the Commission at least once annually on their functions, activities, and issues of concerns, including the submission of a written report for inclusion in the Annual Reports for the County of Dukes County.”

Create a Process for Encouraging a Broader Range of Candidates for the Dukes County Commission
·       Publicize by the beginning of April of each state/county election year the requirements, schedule and deadlines for seeking election as a Dukes County Commissioner.  Use a variety of publicity techniques, including county website, press releases, advertisements, community announcements, and other tools to widely communicate the information.
·       Provide all of the forms that must be completed by potential candidates in readily available locations at the County Administrative Office, the Courthouse and the offices of all Town Clerks.

- Tristan commented that for this past election we did most of it, Russell provided forms for the candidates also.

Discussion if all the presented changes to the Administrative Code shall be done by Resolution or Ordinance. There is a list of actions that can be done only by resolution; the rest should be done by ordinance. Ordinances call for publication of an approved action and a public hearing at least 2 weeks later. If rules are being adopted or changed by ordinance there shall be a penalty for non-compliance. Since that is not the case here, it would fall under the resolutions’ section (Section II. A 3.d and 6.d) for the adoption of rules for the Commission. The same can be found in MGL Chapter 38 Section 18 (C.) d). Carlene questioned if what we adopting falls under this section since we also adopting rules regarding the County Manager.

Lenny/ Roger moved to accept the changes to the Administrative Code as amended. So voted. All in favor.

Tad Crawford thanked all for doing these changes and suggested the County does a press release and spell out the important changes that were made, since the paper did make the point in the past that the recommendations were good and hoped that the County would adopt it. All Commissioners agreed to it. Carlene thanked Lenny and John for their work.

Russell said that the Recall provisions need further work and we will present it at a later time.

Tristan suggested that he would like to see the energy representative and other appointed representatives give reports. Other Commissioners agreed. Russell commented that Mark Hanover, the appointee to the Steamship Authority and the Associate Commissioners for Youth Task Force are planning on coming to the next meeting.

Lenny noted that at the next meeting we should address the rest of the recommendations like the one asking for the Charter Study Commission to be created every 8 years.


John/ Carlene moved to adjourn the meeting. So voted. All in favor.

Respectfully Submitted by:

JOSEPH E. SOLLITTO JR., Clerk of the Courts

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