Loading...
HomeMy WebLinkAboutBoard of Selectmen Minutes August 19, 2009_201402061612117774BOARD OF SELECTMEN Minutes of the Meeting of 19 August 2009. The meeting took place in the Court Room, Town and County Building, 16 Broad Street, Nantucket, MA 02554. Members of the Board present were Rick Atherton, Brian Chadwick, Michael Kopko, Allen Reinhard, and Patricia Roggeveen. Chairman Kopko called the meeting to order at 6:04 PM. ANNOUNCEMENTS Town Manager C. Elizabeth Gibson reviewed 2009 committee, board, and commission vacancies not yet filled from June appointments. Ms. Gibson noted that the scale at the landfill will be closed to commercial use Sunday, 23 August 2009 due to needed repairs. The Board of Selectmen weekly meeting schedule resumes on 2 September 2009. Health Inspector Richard Ray noted there will be a Board of Health public hearing on 24 August 2009 at 4:00 PM at the Maddequet Admiralty Club to review the proposed regulation regarding septic waste water flow limitations within Madaket Harbor Watershed Protection District. Mr. Ray said there has been an incident involving bacteria in the Sconset water supply, but that it is not E-coli and there is no need for alarm and no mandated boiling of water required. He added that for precautionary measures the water company will be chlorinating the water lines and the water will be retested in 24 to 48 hours. PUBLIC COMMENT Police Chief William Pittman, acting as the Emergency Management Director, gave an update on Hurricane Bill. Carol Dunton asked for confirmation that her email containing a public records request regarding the new public safety facility has been received by Town Administration. Ms. Gibson confirmed receipt of the email. Mr. Reinhard noted that the Town Biologist, Jeff Mercer, has left his position and suggested the Board send him a letter of appreciation. APPROVAL OF MINUTES, WARRANTS AND PENDING CONTRACTS Approval of Minutes of 11 February 2009 at 6:00 PM; 18 February 2009 at 9:00 AM; 18 February 2009 at 10:00 AM. The minutes of 11 February 2009 at 6:00 PM, 18 February 2009 at 9:00 AM, and 18 February 2009 at 10:00 AM were approved by the unanimous consent of the meeting. Approval of Payroll Warrants for Weeks Ending 9 August 2009; 16 August 2009. The payroll warrants for the weeks ending 9 August 2009 and 16 August 2009 were approved by the unanimous consent of the meeting. Approval of Treasury Warrants for 12 August 2009; 19 August 2009 and Pending Contracts for 19 August 2009. Ms. Gibson added one additional pending contract for Brujan Consulting starting at $1,500 for consulting work regarding Sherburne Commons. The treasury warrants for 12 August 1 2009 and 19 August 2009 and pending contracts for 19 August 2009 as presented were approved by the unanimous consent of the meeting. CITIZEN/DEPARTMENTAL REQUESTS Request for Acceptance of Gift of $500 for Adult Community Day Care Program in Memory of Paul Longenecker. Mr. Reinhard moved to approve the gift for the Adult Community Day Care program and to send a note of thanks; Mr. Atherton seconded. All in favor, so voted. Review and Approval of Departmental Applications for Submission to Community Preservation Committee for FY 2011 Funding. Ms. Gibson explained to the Board that it has been the policy for departments seeking Community Preservation Committee (CPC) funds to obtain approval from the Town Manager and Board of Selectmen to submit applications to the CPC. She then reviewed the applications she has received for submittal to the CPC. Chairman Kopko requested the Board formally vote to endorse the policy regarding departments applying to the CPC. A discussion on the policy followed. Mr. Atherton moved to endorse the policy; Mr. Reinhard seconded. All in favor, so voted. A discussion followed among Board members and Ms. Gibson regarding the Parks and Recreation Commission submitting applications to the CPC. Ms. Gibson noted that the Commission seems to feel it does not require approval from the Town Manager to do so. Town Counsel Paul DeRensis explained that the Town Code provides that the Parks and Recreation Commission is a Town Administration department. Ms. Roggeveen moved to approve three of the five departmental applications to be submitted to the CPC as presented; Mr. Reinhard seconded. All in favor, so voted. The remaining two applications will continue to be reviewed by the Town Manager and the Board will review at a later date. Planning Office: Request for Approval of Modifications to Town of Nantucket Housing Production Plan as Requested by State Department of Housing and Community Development. Housing Planner Susan Bennett Witte explained that in November of 2008 the Board approved the Town’s Housing Production Plan (HPP) and it was submitted to the Department of Housing and Community Development (DHCD) but in the spring of 2009 the DHCD requested modifications to the HPP. Ms. Witte noted that the DHCD has pre-approved the modified HPP, and that the Planning Board has as well, and that all that is left is Board of Selectmen approval. After a brief discussion, Mr. Chadwick moved to approve the modifications to the Town’s HPP to the DHCD; Ms. Roggeveen seconded. All in favor, so voted. PUBLIC HEARINGS Public Hearing to Consider Renewal of Fuel Storage License Pursuant to MGL Chapter 148, Section 13 Held by Harbor Fuel Oil Corporation/ Winthrop Nantucket Limited Partnership for 975,000 Gallon Above-Ground Petroleum Products Storage Facility Located at 8 New Whale Street, Nantucket. Chairman Kopko opened the public hearing. Ms. Gibson stated that a few months ago following a discussion at a Bulk Fuel Study Committee meeting, the Board sent a letter to Harbor Fuel indicating that the license for the tank farm located on New Whale Street would not be renewed for ten years in the hope that it would spur the relocation process of the tank farm to an out-of-town location. She said the Fire Chief has evaluated the conditions of the tank farm and that the Board is in receipt of a report from Harbor Fuel and information from Town Counsel. John Stackpole of Harbor Fuel noted that he met with the Bulk Fuel Study Committee many times and his preference is for a lease for another ten years or to have the license go with the land lease Harbor Fuel has with Winthrop Corporation. He added that the Bulk Fuel Study Committee had 2 originally proposed a three year license, but he noted that Harbor Fuel can do nothing in terms of relocation within a three year timeframe, could live with five years, but prefers it to expire in 2018 when the land lease expires. Whitey Willauer of the Bulk Fuel Study Committee said moving the tank farm is critical if the Wilkes Square area redevelopment proceeds. He said a five year license is acceptable, as long as certain conditions proposed by the Bulk Fuel Study Committee are agreed upon, including Harbor Fuel agreeing to submit to the Board all future and the previous five years’ maintenance records, safety inspection reports, and environmental inspection reports. Chairman Kopko closed the public hearing. Town Counsel then reviewed the licensing history between the Town and Harbor Fuel. Fire Chief Mark McDougall said he has no issues with the proposed five year lease renewal, but said that at a maximum a ten year plan should be in place to relocate the tank farm, and added from a safety point of view, Harbor Fuel has done all that has been requested of it. Mr. Chadwick, who serves on the Bulk Fuel Study Committee, thanked Mr. Stackpole for his cooperation and spoke in favor of a five year license renewal. Mr. DeRensis suggested the Board require an inspection of the tank farm by an engineer chosen by the Town to be paid for by Harbor Fuel to obtain a “second opinion” on the tank farm’s safety status. Mr. Chadwick said he feels a second opinion is not warranted. A discussion among Board members followed on the length of the license renewal. Mr. Chadwick moved to approve a five year license renewal and to impose the three conditions as recommended by the Bulk Fuel Safety Committee; Ms. Roggeveen seconded. All in favor, so voted. TOWN MANAGER’S REPORT Review Status of FY 2010 Solid Waste Enterprise Fund. Department of Public Works Director Jeff Willett reviewed the FY 2010 Solid Waste Enterprise Fund (SWEF), noting mixed solid waste (MSW) is down two percent, and that construction and demolition (C&D) is down more than 30%, indicating that the deficits in the SWEF are “real”. Mr. Willett said the question is whether the deficit will exceed projections, which is hard to determine looking at one month’s worth of data. He said it will be easier to estimate after the full first quarter data is in. Ms. Roggeveen inquired about what kind of materials are accepted at the other two waste facilities licensed on the Island. Mr. Willett said they do not accept C&D debris, but do accept asphalt, brick and concrete waste as well as leaf and yard waste. Ms. Gibson clarified that the Department of Environmental Protection (DEP) licenses the other two Island facilities, not the Town, and noted that the Town had requested and received a condition from the DEP for quarterly reports from the Reis facility. A discussion among Board members followed on Mr. Willett’s report. Assistant Town Manager Malachy Rice acknowledged the hard work of Diane Holdgate at the DPW and the Finance Department. Ms. Gibson said the next SWEF update is scheduled for mid-October. Ms. Gibson reviewed some outstanding issues with the DEP and Waste Options Nantucket (WON), noting the Town is seeking a seventh amendment of the DEP Administrative Consent Order for accelerated landfill mining, which will come before the Board for approval in September. She added that an associated waste services agreement amendment between the Town and WON will be forthcoming shortly. Ms. Gibson said a dedicated funding source still needs to be determined for the accelerated mining. SELECTMEN’S REPORTS/COMMENT Committee Reports. Board members gave updates on committees they serve on individually or as Board representatives. 3 4 Mr. Atherton said regarding the Board’s goals and objectives, and in preparation of the FY 2011 budget, his recommendation is that the Town develop an operating budget to live within expected revenue. A discussion on the FY 2011 budget followed, and it was agreed to discuss the matter as an agenda item in September. At 8:40 PM, Mr. Reinhard moved to adjourn to executive session for the purpose of real estate disposition; Ms. Roggeveen seconded. So voted, all in favor by roll call vote. Approved the 21st day of July, 2010.