COUNTY OF DUKES COUNTY
COUNTY COMMISSIONERS
A regular meeting of the County of Dukes County Commissioners was held on Wednesday, April 14, 1999, at 7:30 p. m. at the Dukes County Courthouse, notice of such meeting having been posted as required by law.
Commissioners Present: Linda B. Sibley, Chairman
Daniel A. Flynn, Vice-chairman
Timothy R Carroll
E. B. Collins
Leonard Jason, Jr.
Leslie H. Leland
Robert M. Sawyer
Also Present: Carol Borer, County Manager
Michael McCormack, County Sheriff
John Powers, W. T. Bd. of Health
Peter C. Marzbanian, W. T. Bd. of Health
David Merry, W. T. Bd. of Health
Silvia Brown, Chilmark Bd. of Health
Lois Norton, Tisb. and O. B. Water
Robert H. Chapman, MVRD Edg.
Kevin H. Johnson, O. B. Water District
Madison E. Alwardt, O. B. Water District
Charles Noonan, MVRRD
Christine Flynn, MVC
Tristan Israel, Tisb. Selectman
Doug Cooper, Consultant
John S. Lovewell, Edg. Water Com.
Deacon Perotta, OB & Tisb Water Supt.
Peter Fohlin, Ex. Secr. Tisb.
Fred Domont, Edg. Water Sup't.
Arthur Smadbeck, Edg Selectman
Norman Freed, MV Refuse
Chairman Sibley called the meeting to order at 7:32 p.m.
The minutes for the February 10, 1999 meeting were addressed.
Commissioner Flynn moved to approve these minutes.
Commissioner Sawyer seconded.
Carol Borer, read out the tape for P. 04 next to last paragraph, "It was recommended that consideration be given to establishing an enterprise fund." This will be inserted in the final minutes.
Minutes for February 10, 1999 were approved unanimously, as amended.
The minutes for the February 16, 1999, meeting were addressed.
Commissioner Flynn moved to approve these minutes.
Commissioner Leland seconded.
Commissioner Sawyer asked for clarification page 07 re: the $12,000 "will" and not "possibly" be appropriated. The general consensus was that the minutes were accurate as written and the $12,000 was reflected in the budget. Commissioner Sawyer was satisfied with this.
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Commissioner Carroll moved to insert "This was accepted as a friendly amendment to the motion." on page 08 after "…leave opportunity open to the community." Amendment passed by acclimation with Commissioner Jason abstaining.
The February 16, 1999 minutes were approved unanimously, as amended.
The minutes for the February 24, 1999, meeting were addressed.
Commissioner Leland moved to approve these minutes.
Commissioner Flynn seconded.
Motion passed by majority with Commissioner Carroll abstaining.
The minutes for the March 10, 1999, meeting were addressed.
Commissioner Leland moved to approve these minutes.
Commissioner Sawyer seconded.
The spelling of Leontire was corrected.
The minutes were approved as amended by a majority with Commissioner Flynn and Commissioner Carroll abstaining.
County Manger's Report. Ms. Borer distributed the County Manager's report and announced that the search for a county engineer has been reopened. There were 11 applicants of which three were interviewed. It is hoped the search will proceed in a timely fashion.
The Expense and Revenue Report attached will now be presented monthly. It reflects all the county departments and the FY 99 budget as far as income and expenses, as well as FY 99 to date as of March 31, 1999 income and expenses per department. Ms. Flanders, County Treasurer was not present but any questions will be passed on to her office.
The Chairman's Report was chiefly concerned with the DEM Land Swap Discussion/Presentation. At Chairman Sibley's request the attendees introduced themselves and the floor was turned over to Ms. Borer. Ms. Borer gave an overview of the project, identifying and explaining all maps. The intent for acquiring this particular piece of property was to provide the Island community with an opportunity to site two facilities, one a solid waste transfer facility and the other some type of septage facility. The bibliography reviews the difficulty that the Island communities have had in finding sites for their facilities. The maps were prepared with references to the water resources maps (special thanks to the Edgartown Water District) and the flight path maps and an updated build out map. Ms. Borer has
met with the Refuse District, the Multi-town Septage Planning Group, and Commissioner Webber. She has prepared maps to demonstrate to Commissioner Webber that there is very little if any property available within the five-mile radius of the center of the island. A letter from the Town of Tisbury was distributed. A letter from the Tisbury, Oak Bluffs and Edgartown Boards of Water Commissioners has also been received and is available. The Multi-town Septage Planning Group had determined that off-island treatment of septage was the most viable short-term solution and finding a site for septage transfer was a priority. A transfer station would greatly lessen the environmental impact on the site. This 4-acre piece of land was favored as centrally located, close to the marine terminal and accessible by good infrastructure. The Group and the County are currently exploring a long-term
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solution of a mobile de-watering truck, which would treat the sewage at each site, removing the solids and return the filtered water to the tank. The compacted solid waste is then easier to transfer, treat and ship. Solid waste composting in sealed containers is also a possibility in tandem with the de-watering trucks and would require a seven-acre parcel. Ms. Borer had prepared a plan for a generic septage treatment plant with a capacity for 20,000 tons of waste and 7,000 tons of sludge. The de-watering/compost method would essentially render this plan obsolete.
The next step is to prepare a report for EOEA review and approval prior to drafting late bill (submitted after Dec. 5, 1998) legislation.
This report must state:
- that all other options have been explored and there are no other
feasible options or alternatives,
- that its disposition and proposed use does not destroy or threaten
a unique or significant resource,
- that the real estate is of greater or equal market value (an
appraisal is required,)
- that the minimum acreage necessary for the proposed use is
acquired,
- that the resources of the parcels both received and given up, will
be protected,
- that the disposition serves a public purpose.
Some of this information has already been provided.
Chairman Sibley opened the discussion to the public.
Mr. Perotta pointed out although regulations allow for some incursion into Zone 2 areas of water districts, this site would significantly extend into future well sites. Commissioner Jason questioned Mr. Perotta on the choices and availability of other well sites in particular the Greenland parcel. Mr. Perotta pointed out that the Greenland is more distant and expensive to develop and suggested another parcel closer to the airport. Chairman Sibley, Deacon Perotta and Commissioner Flynn then discussed the problem of birds that are attracted by septage treatment plants, as evidenced by the problem in Oak Bluffs. This is the primary concern of the FAA in forbidding treatment plants near runways and in flight paths. Ms. Borer, asked Mr. Perotta about the capacity of the wells at build-out. Mr.
Perotta then explained that wells are very limited resources, not necessarily stable or predictable, becoming undevelopable due to toxic plumes, shifts in the aquifer etc. However he is very sanguine about a transfer station.
Mr. Israel spoke in support of the cooperative regional solution and
the new island-wide basis for solutions sensitive to the environment.
Chairman Sibley called on Mr. Cooper to speak to the short and long
range solutions that were proposed. Mr. Cooper reviewed the Multi-Town Septage Treatment Group. He spoke of the new technologies that greatly reduce or eliminate the septage discharge to the ground water. He explained
that the solid waste could be mixed with wood-chips or other bulk material
and composted in 2 to 20 days with no odor or aquifer contamination while contributing to soil enhancement; essentially a win-win situation.
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Mr. Cooper has seen some sites, demonstrations and some pictures of similar facilities in Canada, Connecticut, and Fort Devons. This is a European method and the North Star Corporation has scheduled a demonstration on Martha's Vineyard in the near future.
Mr. Smadbeck asked after the current treatment plant on the airport
property and Ms. Borer explained that only airport waste can be processed and that it is forbidden to bring in any waste at all.
Mr. Domont spoke knowledgeably about the differing requirements of
the DEM and the DEP and suggested that DEP permitting be checked. Ms. Borer said that DEP had received a copy of the reports and Mr. Frank Mezzacapa attended one of the Multi-Town Group meeting. Mr. Domont then advised that the Drinking Water as well as the Waste Water Department of the DEM and the DEP be contacted. Chairman Sibley made it very clear that the County is trying to acquire a parcel that the towns can cooperatively use. The County is not determining how that property will be used.
Mr. Noonan spoke of the new, stricter regulations pending that might
make this parcel unsuitable because of setback requirements. Ms. Borer asked for a copy of the regulations.
Mr. Johnson spoke in support of a transfer station and the invaluable
nature of the island water resources. He asked if the Oak Bluffs Selectmen had been consulted and invited. Chairman Sibley and Ms. Borer said they had been invited and could comment if they wished.
Mr. Israel suggested and the Chairman, the Commissioners and the
attendees agreed that both divisions of the DEP and the departments of DEM and anybody who would have purview over the parcel and intended use be gathered at another meeting. By acclimation the attendees agreed to attend such a meeting.
Mr. Perotta suggested making the limited nature of the island
choices clear to the FAA in asking for a variance on a site in the lower State Forest. The Commissioners made it clear that Massachusetts Aeronautics was adamant and unmovable on this point because of the danger of birds being sucked into jet engines and disabling planes. Commissioner Flynn commended Ms. Borer for her stalwart work and asked for help and support from the towns.
Mr. Freed asked for the timetable on this project. Ms. Borer outlined
the steps: a parcel and the specific uses are agreed on, the public purpose and environmental concerns are met, papers are drafted, EOEA approves, the bill is filed before June 30, 2000. Mr. Freed made it clear that permit expiration and state penalties make such a lengthy timetable (two to three years) impossible. It is unlikely that the DEP will allow the current situation to continue for that time frame.
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Mr. Lovewell pointed out that the urgent needs are themselves
somewhat short term as towns solve their problems as mandated. He also spoke of the new technologies that will allow sewage treatment in sites that would previously have been unsuitable.
Mr. Powers said that there is such a company coming in to set up a pilot program.
Chairman Sibley, pointed out that it is the short term urgent needs now being addressed that makes this swap possible. She asked for an acclimation commitment from the attendees to return when the DEP/DEM attendees are present and to bring their colleagues. Oak Bluffs in particular was mentioned.
The Legislative Subcommittee reported on their trip to the State House April 13, 1999. Commissioner Carroll commended the Subcommittee and Ms. Borer for doing a wonderful job. Commissioner Sawyer felt that the Island showing was splendid. Commissioner Flynn said that the Martha's Vineyard contingent was articulate, and got their point across. The Subcommittee judges that the bill will probably be defeated with caveat. This would mean that Martha's Vineyard would need to demonstrate a good faith effort in negotiating with New Bedford and other off-island communities. Mr. Jason suggested and there was general agreement that the Commission and the Island should be pro-active in this regard and Ms. Borer will contact John O'Brien about a Blue Ribbon Committee. Commissioner Flynn spoke
of some conferences in the State House corridors that suggested possible directions and approaches. The Legislative Subcommittee will meet in shortly. Commissioner Jason suggested that in order to relieve some of the burden on the County Manager that the Subcommittee track the legislation. Ms. Borer noted that the legislation and tracking are posted on the internet.
Commissioner Sawyer reported for the Regional Education Subcommittee. There will be a meeting for everyone on the Island interested in regional education on Monday, May 3, 1999 from 7:00 p. m. to 9:00 p. m. at the Performing Arts Center. Dr. Cash, the Superintendent of Schools, has invited the newly appointed Commissioner of Education, Mr. Driscoll, to speak and answer questions. The event, initiated by the County Commission is co-sponsored by the Superintendent, the All Island School Committee, the
All Island Board of Selectmen and possibly the League of Women Voters. Ms. Borer will moderate the meeting and the format is now being discussed. Commissioner Sawyer urged all the Commissioners to be there and encourage attendance among their colleagues and constituents. He distributed a copy of the memo sent to the All Island Selectmen to solicit co-sponsorship.
Chairman Sibley urged the Proclamation Subcommittee to meet to take care of business as soon as is possible.
Ms. Borer distributed subcommittee membership lists (attached to these minutes) for the Commissioner's information and convenience.
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Commissioner Sawyer speaking for the Solid Waste Sub-committee asked after the response to the letter inviting appointees to a Regional Solid Waste Commission. There have been four responses. As the item was not on the agenda Ms. Borer did not prepare a report and will address the matter at the next meeting. Commissioner Carroll reported for Chilmark that they would be happy to see the towns rejoin in one district and if Oak Bluff's wished to join they were welcome. Although Chilmark would welcome a proposal they would not be interested in attending a meeting to talk about talking about it.
Under Old Business, Ms. Borer reported that the Cape Light RFP's have been opened and there were four responses. The meeting of the review committee scheduled for today was canceled but there will be a meeting next week and the following week a quorum has been required, signaling a vote.
Ms. Borer also reported that the search for a County Engineer was re-opened chiefly because the current applicants lacked the qualifications and experience deemed necessary. The Search Committee felt very strongly that a professional engineer with five to six years’ experience was needed. The Committee members are: Richard Combra Jr., Fred Lapiana, Larry Mercier, Ted Morgan and John Early.
Commissioner Leland reported for the Taxi Subcommittee, which met March 26, and April 2, 1999. The concept was to get uniform regulations, licensing fees and maximum fares for certain runs throughout Martha's Vineyard. Each town will screen applicants but the County would issue the licenses and field complaints. This would be easier for the police to administer. The County would be reimbursed for the paperwork. The towns would be asked for voluntary cooperation. Commissioner Flynn suggested including the Airport Commissioner, who had some grave concerns. It is hoped that the rules will be in place for next year. It was pointed out that this scenario had been agreed upon in the past and there was a slow divergence as towns made their own rules. It was felt it was now time to
re-assert the regional framework.
Commissioner Flynn asked if the Sheriff's Department could enforce parking and traffic along State Beach as the Oak Bluffs and Edgartown police enforce the rules sporadically. Sheriff McCormack said that there would have to be letters of agreement from both Chief Carter and Chief Condlin allowing the Sheriff's Department to enforce the regulations. As parking is a source of revenue, there is some resistance to this solution. The parking at the airport was also brought up and Sheriff McCormack explained that the same revenue situation has meant that West Tisbury has contracted out parking enforcement to a private company.
Ms. Borer reported as a side bar to the parking issue, that the County is now charging both refundable and non-refundable fees for events on State Beach. As this item was not on the Agenda the following figure are not precise. For events with less than 100 to 150 people there will be about a $100 non-refundable fee. Events involving more people, such as the Black Dog Party which (usually about 500 people) will be required to put a non-refundable fee of about $400.
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There will be a refundable fee on top of this, which will be returned depending on the condition of the beach after each event. Commissioner Carroll objected to the fees as not having been passed or as being outside the purview of the County. Chairwoman Sibley directed Ms. Borer to bring a copy of the regulations to the next meeting.
A better arrangement of the tables to facilitate better hearing and communication was requested by the Commissioners.
Meeting adjourned at 9:47 p.m.
A complete text of the meeting is available on tape at the County Commissioner's office.
JOSEPH E. SOLLITTO, JR.
CLERK OF THE COURTS
minutes 041499.doc
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