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July 8th, 2010
Mashpee Environmental Oversight Committee
Meeting Minutes
July 8, 2010 at 7 p.m.
Selectmen’s Meeting Room, Mashpee Town Hall

Present:  Chairman John Cahalane, Ed Baker, Mary Waygan, Ted Theis, Rick York
Also Present:  Beverly Kane

CALL TO ORDER
The meeting was called to order at 7:00 p.m. with a quorum by Chairman Cahalane.

APPROVAL OF MEETING MINUTES
June 10, 2010

Mr. Baker made a motion to accept the minutes of the June 10th meeting.  Mr. Theis seconded the motion.  All voted unanimously.

COMMUNICATIONS
None at this time

NEW BUSINESS
Committee Mission Statement and Reorganization
Selectman Cahalane stated that as a result of discussion during the previous meeting, the Committee recommended maintaining the permanent membership of seven, converting the Water District and School Committee positions to “At Large” positions.  The Committee would like to encourage membership from the Water District and School Committee but do not wish the positions to be limited to that.  Ms. Waygan confirmed that the discussed positions would include a Chair from the Board of Selectmen, representatives from the Planning Board and Shellfish Commission and four At Large members.  Alternates will continue to be identified for the Board of Selectmen, the Planning Board and the Shellfish Committee.  

Ms. Waygan made a motion that the Environmental Oversight Committee shall be composed of a representative from the Board of Selectman who will serve as Chair of the Environmental Oversight Committee, a representative from the Planning Board and a representative from the Shellfish Commission along with four At Large members and that the Planning Board and the Shellfish Commission and the Board of Selectmen, if their representative can not attend, they can send an alternate to the meeting.  Mr. Theis seconded the motion.  All voted unanimously.

Mr. Baker read for the record his draft of the Environmental Oversight Committee mission, a copy of which is attached.  All Committee members were in support of the revised mission statement.

Mr. Theis made a motion to adopt the mission statement.  Ms. Waygan seconded the motion.  All voted unanimously.

Zero Phosphorus Lawn Fertilizers
The Friends of Santuit Pond have modified their state legislation proposal to allow for a local bylaw.  The legislation is similar to what has been used in such locations as the Great Lakes, Maine and the Chesapeake Bay area.  The bylaw promotes use of zero phosphorus fertilizer for lawn maintenance and restricts retail locations from stocking phosphorus containing fertilizer on the shelf but allows use of signage indicating that the product is available to customers who have performed testing that shows insufficient phosphorus content in the lawn.  A similar control would also be needed for commercial application and landscaping businesses.  Penalties for non-compliance were recommended at $150 for the first offense and $300 for subsequent offenses.  Enforcement would need to be identified and conducted by a board such as the Board of Health.   It was recommended that Town Counsel review the document.  The Chair expressed concern about the reaction from the business community.  Committee members discussed the challenges of compliance and enforcement.  Ms. Waygan felt that the bylaw was well thought out and suggested the possibility of phasing in the bylaw in order to communicate with stores and identify when they would be purchasing and stocking fertilizer products.  It was suggested that the date of enactment be extended from 30 days to 120 days.  Mr. Theis added that the Town of Mashpee also eliminate use of phosphorus.  Committee members discussed town practices which included recent use of organic fertilizer, which was ineffective and balancing with a 50/50 organic and slow release fertilizer in order to reduce nitrates being released.  Ms. Waygan also suggested that wording in section 6 A should be changed from “no person shall display” to “no commercial entity shall display” in order to better clarify the intent of the bylaw.  The Chair will share the document with Town Counsel.  The Chair will also inquire what would be the alternative in order to have it reviewed by the Town if the document is not legal.

MASHPEE BLUE BOOK
Ms. Kane reported that funding continued to be a critical issue for the success of the book.  The Town Manager has discussed grant opportunities with Phil Burt of the County Resource Office.  A letter of support for the project was submitted by Ms. Kane and Mr. Baker on behalf of the Mashpee Environmental Coalition.  A copy of the letter is attached.  Comments were also received from Janice Wolford, addressed to the Town, and read for the record by Mr. Theis.  The letter highlighted the state of Mashpee’s water bodies and suggested the need for protection of the environment with help from the residents of Mashpee through the distribution of the Blue Book.  The Chair suggested that the EOC co-author Ms. Wolford’s letter.

Mr. Baker made a motion that the EOC co-author Ms. Wolford’s letter.  Ms. Waygan seconded the motion.  All voted unanimously.

Ms. Waygan questioned the deadline for receiving letters of support.  The Chair will inquire further with the Town Manager.  Ms. Waygan suggested contacting the Water District to request a letter of support.  Chairman Cahalane will contact the Chair about a letter and possible assistance with funding of the project.  Ms. Waygan reported that grant funding typically requires matching funds, which could be added to the applications.  Mr. Baker also suggested seeking private funding for the project.

Mr. York made a motion to put a report of the status of the bays and the ponds on the agenda.  Mr. Theis seconded the motion.  All voted unanimously.

OLD BUSINESS
Status of the Bays and Ponds
Mr. York reported that, despite record temperatures, the conditions have not been bad and there have been no problems with dissolved oxygen.  Algae blooms are thick, but they are not harmful and are phytoplankton which is feeding the shellfish.  The shellfish are growing fast and doing well as a result.  Mr. York thought that the higher ground water has contributed to the success.  Mr. York also reported that the Mashpee River floating mats occurred one month early and, as a result, the river is now providing good food for oysters.  Santuit Pond has a blue green algae bloom.  Mr. Baker announced that the results from the 2009 Tribe/Town water sampling project has been released, noting that the 2009 figures are compared to the long term average.  

Action Items:
Environmental Education-No change

Mashpee River Restoration-No change

Combine Water-Sewer-The newly re-formed Sewer Commission is eager but catching up on information.

Grant Applications-Letters of support are being collected.  

Town-Wide Stormwater Management Plan-Ms. Waygan distributed a copy of the memo forwarded to the Board of Selectmen encouraging the Town to amend their bylaws requiring private ways accepted as or converted to public roads meet the standards of the “Town of Mashpee Rules and Regulations Governing the Subdivision of Land.”  Ms. Waygan questioned whether the EOC should submit correspondence in support of the memo.  Ms. Waygan noted that Catherine Laurent supported use of the minimum design standards for any private roads taken, but the conversation did not specifically include the improvement of existing town roads.  Mr. Baker suggested that town roads being updated should also be included with the regulations.

Ms. Waygan made a motion that while the town taking of private roads is being addressed, town roads should also be included.  Mr. Baker seconded the motion.  All voted unanimously.

Santuit Pond Study- The final report has been delayed due to a death in the family.  It was noted that there has been interest expressed in the Solar Bee technology.  Mr. Baker suggested that the Board of Selectmen seek a second opinion from the Cape Cod Commission following receipt of the final report.  Mr. Baker recently conducted sampling near the boat launch and noted signage from the County Board of Health stating that the water is safe for swimming.  Mr. Baker expressed concern about the signage related to bacteria.  Mr. York confirmed that the pond had been clearer but that he would contact the County BOH for more information.  Mr. York confirmed that state sampling for toxins were conducted with the assistance of a federal grant during 2009.  Mr. York expressed interest in having additional testing conducted.  

Land Steward Program-No change

Technology Applications-On hold

Recycling-No change

Water Quality Monitoring-In process

Mashpee Blue Book-Discussed

Town Bylaw for Zero Phosphorous Lawn Fertilizers-Discussed

ANNOUNCEMENTS
Mr. Baker questioned the reporting of renewable energy in Mashpee and whether the Environmental Oversight Committee could acquire the information.  The Chair and Mr. York suggested that focus should be concentrated on key action items and/or the completion of projects.

MEETING ADJOURNMENT
Mr. Baker made a motion to adjourn the meeting.  Ms. Waygan seconded the motion.  All voted unanimously.  The meeting ended at 8:14 p.m.

Respectfully submitted,



Jennifer M. Clifford
Board Secretary


LIST OF DOCUMENTS
-Environmental Oversight Mission Statement
-Mashpee Environmental Coalition Letter of Support for Grant Funding
-Memo to Board of Selectmen Regarding the Conversion and Acceptance of Private Ways to Public Roads