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September 18th, 2008
Town of Mashpee
Environmental Oversight Committee
Minutes of Meeting
September 18, 2008

Present:  Chair-Don Myers, Beverly Kane, Ted Theis, Rick York, Ed Baker, Ralph Marcelli
Also Present:  Director of Department of Public Works-Catherine Laurent, Town Manager-Joyce Mason

CALL TO ORDER

The meeting was called to order at 7:00 p.m. by Don Myers, Chairman.

APPROVAL OF MEETING MINUTES:

Motion made by Mr. Baker to approve the minutes of August 14, 2008.  Motion seconded by Ms. Kane.  All voted unanimously.

NEW BUSINESS

No public comment at this time.

OLD BUSINESS

Catherine Laurent-Director, Department of Public Works

Ms. Laurent is attending the meeting to update the Environmental Oversight Committee on the status of the Subdivision/DPW Regulations in consideration of the NPSD, the status on storm water runoff and recycling in the town.

1.  Subdivision/DPW Regulations

Ms. Laurent began working with the Planning Board during the spring of 2008 to update the regulations which was prompted by the road conversions being considered by the Board of Selectmen.  In March, it became apparent while considering the road construction project that there were discrepancies between what was required by the DPW and what was required by the Planning Board.  Charlie Rowley, Consulting Engineer for the Mashpee Planning Board, and Ms. Laurent met one month ago to further discuss his work on the Planning Board Regulations.  The two will meet again in order to finalize the draft.

Chairman Meyers noted that the initial concern was regarding the thickness of the road, originally a 3”depth.  Ms. Laurent confirmed that the issue of road thickness is resolved but not yet officially adopted.  Ms. Laurent shared with the Committee an agreement between the DPW and Planning Board regarding standards for residential streets.  On Monday, Ms. Laurent will be recommending to the Board of Selectmen that the moratorium be lifted.

The standard will be 2 ¼” binder and 1 ¼” top to total a road depth of 3 ½.”  Although, there will be some variation on the roads, the goal is to have a minimum of 3” depth, whereas the original standard was 2 1/2.”  Some homeowners may be required to bring their roads up to the 3”-3 ½” standard, but it will be at the discretion of the town.  It is unlikely that the updated standard would affect the newer roads, as long as the road is close to the standard.  Many of the necessary road conversions are roads that are already 10-20 years old and are in need of replacement.  After a 5-8 year range, roads begin to deteriorate and require replacement.  The town accepts the liability for future maintenance of the roads so it must protect its own interests for at least 15 years with these road standards.

Ms. Kane added that, since the Regulations were being revised, the Planning Board felt it was critical to work with the DPW to ensure that any other issues were being addressed, as well as to take into consideration the NPDES items, specifically issues regarding storm water improvements.

A discussion followed, among the Committee members, regarding subdivisions currently in development, already permitted, being grandfathered in.  It was mentioned that developers should take into consideration the town’s standards, in case the private road becomes public at a future date.  Ms. Kane indicated that some towns require developers to fulfill the standard for this reason.  Mashpee has discussed this in the past.  Many subdivision homeowners are unaware that their roads are private and bear the responsibility of paying for a road that needs repair.

Mr. Baker reiterated the importance of drafting comprehensive specifications for the Regulations.  Ms. Laurent and Ms. Kane indicated that the Planning Board Regulations will include such information as road width, depth, sidewalks and type of storm drains.  At present, Mr. Rowley reviews plans and makes recommendations regarding storm drain placement and location.  The Planning Board Regulations will be presented at a public hearing, and the Board will accept public comment, but it does not need to go through Town Meeting.  Ms. Laurent and Mr. Rowley will be presenting their changes and suggestions to the Planning Board.  Ms. Laurent believes they will be ready to present to the Board in a January/February timeframe.  Ms. Kane emphasized that the Planning Board wants to do a good job and ensure that all critical areas are addressed.

Ms. Kane questioned Ms. Laurent on the status of the NPDES.  Ms. Laurent indicated that the permit has expired and the town is still waiting for the EPA and the DPE to release the permits.  The website indicated that the draft should be available in August and September.

2.  Swail Update

Ms. Laurent indicated that the Quiniquisett swail will be included on the fall schedule, which will be presented to the Board of Selectmen next week.  Sampson Mill needs another look.  During the second phase of reconstruction it appeared that additional drainage improvements would be necessary so the project will be considered for spring time.  Mr. Baker inquired about Lantern Lane, but Ms. Laurent stated that it was a private road.  Ms. Laurent recommended that the Board of Selectmen take Hemlock and Holly, which are located in the same area.  Mr. Baker stated that efforts are being made to assess the problems in Santuit Pond.  Significant drainage issues are stemming from a wall by the launching ramp causing the runoff from the area to drain into the pond.

Ms. Kane inquired about a storm drain located at the Transfer Station near the exit.  Ms. Kane indicated that it takes 3-4 days for the water to drain, creating a mosquito threat.  Ms. Laurent responded that the DPW has assessed the issue and it appears that the drain is too high.  An attempt was made to make adjustments but it might require excavation to drop the drain down.  At present the drain is piped to the scrap metal area.  There are some restrictions to the work that can be done since it is a capped landfill.

3.  Recycling

Ms. Laurent reported that recycling has increased at the Transfer Station.  Mashpee recycling efforts have been highlighted in the Enterprise.  In July, recycling broke a 100 ton record for the first time.  Unit based pricing is being considered since the SeaMass contract is due to expire in 2014.  The topic will be discussed at next week’s Board of Selectmen meeting.  Although no other Cape town presently offers unit based pricing, 150 communities in Massachusetts have “pay as you throw,” that has increased recycling efforts.  Some communities offer curbside pick up, which include recycling.  Board of Health is monitoring private haulers.  More haulers are offering trash pick up, along with recycling, the Regulations require one fee for both services.  The Chair announced that the Board of Health has been invited to attend the next meeting.

The Chair made a recommendation that examples or better signage be added to the bin for the 3-7 plastics because it appears that people are confused or unable to read the number on the bottom.  Ms. Laurent has signs that will be laminated and posted to make it clearer.  At present, the DPW is most concerned about the plastics 1 & 2 because those are the categories for which they receive compensation.  Mr. Marcelli voiced some concern regarding the volume vs. the weight of the trash.  If the trash is full of plastic bottles, it might not have as much weight, but would have the volume.  Mr. Marcelli inquired if the town would be better served by shredding plastic because people are throwing bottles in the trash.  The Chair felt that there are people who are committed to recycling and there are others who are dumping everything directly into the trash, because there are no repercussions.  “Pay as you throw” would encourage people to sort out the recyclables and pay less to dispose of their trash.  Mr. Marcelli would like to see a staff person more readily available to assist and encourage people to remove their plastic from the trash, to be compacted elsewhere, thereby cutting down of the volume of the trash.  Mr. Baker felt that it would create added labor, and added cost to the town.  Another solution would be if the town offered curbside trash pickup, making recycling mandatory, but that would be even more costly.  Mr. Baker would like to suggest to Ms. Laurent that the plastic bins be labeled “1 & 2” and “Other” since no money is earned from “3-7.”  Additionally, people may be more inclined to recycle the 3-7 plastics if they don’t have to look at the bottom.   The consensus of the Committee is to make the suggestion to Ms. Laurent.

Joyce Mason-Town Manager

Ms. Mason is in attendance at the meeting to further discuss the process of reviewing the results of the Santuit Pond RFP.

Santuit Pond RFP Results

The Committee has reviewed the three proposals and was asked to assess whether of not each proposal met the set criteria.  Any proposal that exceeded the criteria would be ranked as highly advantageous, otherwise advantageous or not advantageous.  With only three proposals, all could fall within the highly advantageous category and further details could be assessed through an interview process.  Once a proposal is narrowed down to highly advantageous, the Committee would then vote to accept the proposal and enter into negotiations and pursue a price proposal.  The vote would not go to the voters before May, so the Committee would want to find out if the company would be willing to hold their price.

Ed Baker-When Mr. Baker reviewed the proposals he used a ranking system to identify each one.  Mr. Baker feels that real measurements are critical to learn what is happening in the pond.  Mr. Baker eliminated the UMASS, Coastal Systems Program because they did not include incoming groundwater measurements and also relied heavily on volunteers.  Mr. Baker then rated the other two companies based on the number of measurements they were going to collect.  Overall, Mr. Baker feels that ENSR offers a greater number of samples, particularly as it relates to sediment, and offers the most information.  ESS recommends just one composite of three samples.  Mr. Baker ranked the companies as ENSR, ESS, UMASS.

Bev Kane-Ms. Kane agrees with Mr. Baker regarding UMASS’ reliance on volunteers.  Ms. Kane also liked that ENSR linked the project to eligibility for the Clean Water Act.  Mr. Baker added that ENSR’s link to state agencies that monitor freshwater could be beneficial to the town.

Rick York-Mr. York reviewed the proposals from a technical perspective identifying such components as information collection, nutrient budget, TMDL and recommended remediation.  In considering the technical aspect of data collection, the ENSR proposal has four stations, and ESS has only one.  UMASS is looking at sediment regeneration.  They are also looking at plankton and will monitor the watershed.  Mr. York felt the UMASS proposal modeling was stronger in identifying the TMDL.  ENSR would only look at septic tanks within 300 feet.  Mr. York would rank the proposals as UMASS, ENSR, ESS.  Mr. York also felt that use of volunteers may reduce the overall cost of the project, but does not consider it a technical consideration.  Mr. York has had very good success working with volunteers.

Ted Theis-Mr. Theis felt that conducting interviews would allow more questions to be answered about specific analyses.  Mr. York added that the Committee could submit a more detailed RFP since the proposals read as three different scopes of work and Mr. Theis agreed that the original request was general.  Mr. Baker feels it is too late for a more detailed request; companies submitted proposals and met the criteria requested except that UMASS did not meet the seepage measures to pore water measurements.  Mr. Theis ranked the companies as ENSR, ESS, UMASS.

Ralph Marcelli-Mr. Marcelli inquired about the cost of each company’s proposals.  The Committee discussed that the costs would not be presented until one of the companies has been selected based on its technical merits.

Don Meyers-Mr. Meyers was impressed that ENSR would provide a report by 2009 whereas the UMASS study would not be complete until 2010.  Mr. Meyers understood that UMASS planned to use old empirical data from the watershed dating back to 2000, rather than retesting it, and didn’t feel that was reliable information to be used.  Mr. York suggested that UMASS may have already done the pond studies in the area because he knows of someone who has been doing a study of the ponds.  Mr. York pointed out that the Committee can not make any assumptions about the companies because they know only what has been written in the proposals, although there may be additional information.  Mr. Meyers ranked ENSR and ESS at the same level, followed by UMASS.

Mr. York asked if the Committee could ask each of the companies’ questions.  Ms. Mason indicated that the Committee would need to identify the highly advantageous company first to discuss their intent and ask them questions.  If the Committee could not come to terms with the cost or clarification, the next company would be invited for an interview.  Ms. Mason felt there was a large enough gap between ENSR/ESS and UMASS that UMASS would have needed to come closer to meeting the standards to be considered for clarification.

Mr. Baker made a motion to rank the three proposals as ENSR-highly advantageous, most favorable proposal; ESS-highly advantageous; UMASS-advantageous.  ENSR has been ranked highly advantageous, most favorable due to the database the company will develop through sampling.  Motion seconded by Ms. Kane.  Five members voted in favor, one member abstained.

Ms. Mason will open the bid for ENSR and communicate the results with the Committee and then schedule a meeting with the company.  If the cost for the project is not outrageous, the company will be asked to hold the price.  Typically bids are only good for 90 days, but companies can be asked to extend their deadline.  Mr. Meyers would like to invite ENSR to the next meeting, which will be moved because of Yom Kippur, to October 16 at 7:30.

Santuit Pond Photograph

While in discussion about Santuit Pond, Mr. Baker shared with the Committee a photo taken around Labor Day, near the bog dike, that appears to show that someone may have dumped the contents of a portable toilet.  After investigating the bog areas, Mr. Baker found no indication that it was the result of actions at the bogs.  Mr. York inquired if Mr. Baker thought it was dried up algae and felt it could be coloring from the dying algae.  Mr. Baker believed from the smell and coloring that it was the contents of a recirculating toilet.  Ms. Mason added that the Board of Health had contacted the County, who would collect a sample to find out what is going on.

Rick York-Sampling Results

Since the last meeting, Mr. York conducted sampling at Santuit Pond, based on Mr. Baker’s initial description.  Mr. York acquired his sampling from the town landing and it appeared similar to Mr. Baker’s photo.  Under microscope, Mr. York confirmed that the blue-green algae are, in fact, Anabaena and Microcystis, two types of toxin producing algae that have the potential of being very harmful.  It is unknown if the algae is toxic at this time as it has the ability to turn the toxins on and off.  Mr. York has been in contact with the Board of Health and with the state.  The Board of Health has posted warnings.  People should not eat shellfish or fish from the pond, and dogs may be most at risk.  Mr. York is in regular contact with the state and is sending the samples to be check on the toxicity of the algae and shellfish.  The Anabaena is a nitrogen fixing algae, and when floating on surface, will pull nitrogen from the air.  Instead of the pond becoming nitrogen mitigation, it could become a source of nitrogen.  There have been no dead fish or dead animal reports.

Land Steward Update

No update currently available.  The Chair will follow up with the Conservation Agent to request an update.  Mr. Baker would like to know the number of parcels assigned and reviewed, what action has been taken and how the Committee can help.

Wastewater Update

Mr. Marcelli will be meeting with them at 10 a.m. the next morning and has a number of questions.  Earth Tech has been re-named.

Ed Baker-Review of Action Items

1.  Education

“Cool the Earth Program,” a national program now at the K.C. Coombs school, is a program for kids to educate their parents.  Stop & Shop will be distributing reusable bags as part of the program.  The “K” club involves 20% of the student body and is sponsored by the PTO.  The teacher sponsor is Jane Emory.  More information about the program can be found at www.cooltheearth.org.  There will be a kick off event on September 26.

Mr. York was recently in contact with Harvard professors who are experts in energy and the environment.  When asked by Mr. York, the professor indicated that solar is the biggest energy source on earth.  Additionally, he indicated that a car powered by typical household electrical services would cost the equivalent of .50 per gallon of gas.  Mr. Theis added that blending hydrogen with natural gas would result in a retail cost of $1.80 per gallon.  Over the next five years, the hope would be that more alternative energy vehicles would be present at the town station.

2.  Mashpee River Restoration

The Board of Selectmen has been asked to reinvigorate the effort to improve the river.  No scientific measurement is available to prove that oyster propagation is working, although Mr. Baker feels that they are helping somewhere.  Volunteer sampling begun in 1997, and the resulting lab analyses, may offer some insight as to whether or not the oysters are working.  Mr. Meyers questioned whether the current models show measurable change.  Mr. Baker feels that the current model being run does not address the requests local homeowners made to the Board of Selectmen.  The model does not address the effectiveness of the fringing marsh and how it can be used to increase the nutrient removal of the marsh, it does not address the bacteria problem in the river and it does not address the peak speed of the water traveling down the river.  All of the analyses have been completed in an area other than where residents requested.  It has been reported that the river is getting shallower and bacteria related shellfish closures have not been addressed.

The Chair stated that dredging is the only solution that has been proposed, and in an effort to remove the dredged matter, it is then added to expand the marshes.  The Chair questioned if dredging is the solution to bacteria issues or speed of water.  Mr. Baker stated that a wider marsh provides a better filter against bacteria.  Mr. Baker also suggested that the 1986 dredging permitting and Hurricane Bob and the October storm negatively affected the channel and the spit.  Additional dredging reduced flow in the secondary channel and in 1995 the goal was to renew the dredging permits but there were not enough funds to address the issues in the Mashpee River.

Mr. York clarified that oysters also remove dissolved organics. He also stated that although there may be limited data, there have been no fish kills for the last three summers so the observation is that the oysters may have prevented the fish kills.

3.  Combine Water-Sewer

Mr. Baker would like to ask the Board of Selectmen to reinvigorate this.  The Chair indicated that the attorney was preparing a memo.

4.  Natural Fertilizers/Friendly Lawn Program

No change.

5.  Grant Applications

Ms. Mason is researching an RFP for a grant writer.

7.  Town-Wide Stormwater Management Plan

Discussed with Ms. Laurent.

Beverly Kane -Storm water Primer

Ms. Kane shared an August 18 Cape Cod Times article with the Committee that described the “Orleans Blue Pages.”  Developed from both the “Puget Soundbook” and the “Island Blue Pages,” the 56 page book is a guide to protecting Cape waters and includes many topics such as hazardous waste, reduce, reuse, recycle, landscaping for watershed, storm water.  Other towns have been invited to utilize the book and repurpose it for town specific information.  The Orleans Pond Coalition will be hosting the book on its website.  Ms. Kane envisions using the book as a resource for homeowners, possibly adding other topics of discussion.  All copyrights have been cleared to encourage other towns to create their own books and output/printing details are included.  The organization has requirements for other towns who choose to reproduce the books to include 1) all copies must be free, 2) a draft for approval must be submitted to the Coalition, and 3) “Puget Soundbook,” “ The Island Blue Pages” and “The Orleans Blue Pages” must be properly credited.  Orleans created the book over a two year period and distributed 6000 copies to residents, community leaders, committees and offered copies at Town Hall, the library and the schools.

Ms. Kane felt that this book was representative of all of the aspects of what homeowners can do to make a difference in the environment.  The book would be a good resource for people wanting to make change their practices.  Orleans printing costs for the book totaled $19,000.  Mr. Theis indicated that he would like to consider printing the books in the prison system for a reduced cost.  Ms. Kane would like to secure a grant to fund this project and the Chair noted that the Cape Cod Foundation would be accepting proposals for grants ranging from $5,000 to $10,000.  There was discussion among members regarding the possibility of utilizing county grant writers to pursue grants.  

The Committee agrees that the book is a good idea and they like the book as very readable, with a lot of pictures that do not seem large or overwhelming.  The town would be able to add more information to enhance its own book and town specific information.  The digital master of the document costs $150.  Mashpee would be encouraged to help spread the word about the book in order to encourage it being published Capewide.  Mr. Marcelli encouraged the Committee to identify the audience, figure out what information to include and how to ensure that they read it.  People are less likely to read today, and may only be able to get 50% of the people to read it.  Mr. Marcelli added that the attention needs to be grabbed right away to encourage the reader to take a look.  Ms. Kane would like one book in every household.  The Committee may need to explore various strategies to expose the information to the public such as broadcast on the community channel, make it available on the website, overprint the document so that it can be at the schools, in Town Hall.

Ms. Kane will acquire additional copies to share with the Committee.  Mr. Theis will contact the Sheriff’s Dept. about printing the book.  “The Mashpee Blue Pages” will become a separate action item.  It was suggested that there may be some pieces of Ms. Kane’s primer that would be included in “The Blue Pages.”

11.  Technology Applications-Mr. York will have a lot more additional information by the next meeting.


ANNOUNCEMENTS

Mr. Marcelli announced the Mashpee High School Senior Seminar, a full year course overseen by an advisor, culminating in research projects completed by high school seniors.  On October 8, 8:30am-9:30am, there will be tables set up in the high school cafeteria where each organization or committee will have their own table.  Mr. York has an Americorps volunteer who will be available to assist Mr.York and possibly set up a project with the shellfish propagation.  Anyone is welcome to attend.

MEETING ADJOURNMENT:

Motion made by Mr. Baker to adjourn the meeting at 9:35 p.m.  Motion seconded by Ms. Kane.  All voted unanimously.



Respectfully submitted,



Jennifer M. Clifford
Board Secretary