Selectmen’s Task Force on local pollution and Phase II Stormwater Management Community Oversight Group
Committee Members: Chairman Mort Toomey, James Mulvey, Jennifer Cheyne, Christine Kane, and Les Perry. Stewart Bell was excused.
Staff:
Guest:
Documents
Meeting Called to Order
Chm. Toomey called the meeting to order at 7:14 pm.
1) Comment Period for Non-agenda Items:
The chairman spoke about the preparation of Town Meeting, cookies, and procuring additional handouts for Town Meeting.
2) Approval Minutes of 11-9-15, 12-14-15, 1-11-16
Voted Jim Mulvey moved and seconded by Les Perry for the reading of the unapproved minutes be postponed until the next regular meeting. Vote 5-0.
3) Nitrogen in lawn fertilizer
Jim Mulvey talked to Terri Guarino and suggested to her this has been a major issue for a number of years. The present BOH technician has been aware that this committee is considering it and her predecessor had a proceeding on that.
Mort Toomey stated that past three Town Meetings we have had, we have had a table set up at town hall and when people have come to see us we got their interest with cookies and we handed out the flyer. This year we would pass out a different brochure stamped with Phase II Storm Water Pollution Committee. We will have a table like we had before.
Jim Mulvey stated to ask the Coalition of Buzzards Bay to see if they have any new handouts. The Marine Fisheries might have a handout. Another contact is Dr. Costa on the Estuaries program.
Mort Toomey stated Falmouth has started to put regulations on nitrogen fertilizer. It was pushed to the state of Mass for regulations on fertilizer.
Jim Mulvey stated talking to Cindy Coffin he stated a huge user of pollutions are cranberry bogs.
Mort Toomey spoke about the meeting last year about the fertilizer, and the different bogs. Jennifer Cheyne stated she still has all her notes at home. They were trying to educate the cranberry farm growers. She can pull that presentation out and bring it to the next meeting so the committee members can view it again to refresh their memories.
Jim Mulvey mentioned about the bog on Puritan, that development plan was approved by the Dept. of Agricultural, but not in Wareham. It was done by the Agricultural rep. in Barnstable.
Mort Toomey stated there are two different systems, the closed looped system, and one with a discharge. The closed loop system you don't have to worry about discharge, so no one is in non-compliance. It is only the ones that discharge into the water.
Jim Mulvey stated Baptiste Bog discharges into Redbrook, Mann's bog into Little Buttermilk, not sure where Handy's discharge goes.
4) The present status of the Stormwater Bylaw Regulations
Mort Toomey stated he hasn’t spoken to anyone lately about the stormwater regulations.
Jim Mulvey stated the key contact is Tracie Warncke. For the last couple of weeks he was trying to get in touch with Bernie Taber and contacted Tracie Warncke because couldn’t get in touch with Bernie Taber. Trying to get that office to approve the inclusion of the proper language. Dr. Costa already stated he is OK with it being immersed in another document. At our meeting Dr. Costa stated that when he hires his staff someone would review it, and then get back to us.
Recent word from the estuaries program they are going to review the inclusion of the stormwater remediation language in the subdivision bylaw, the only question remaining is there sufficient coverage within the existing bylaws to satisfy the requirements of the Mass. DEP State regulations.
Voted Jim Mulvey moved and seconded by Less Perry to recommend to the chair the committee receive an email or written notification that Dr. Costa and his group have reviewed the entire suggested revision of the open space by laws to include stormwater remediation to their satisfaction. Vote 5-0.
Jim Mulvey stated even when that is approved it still has to go back to Coreen Moore, she has to work with the planning board, they have to review it, they have to hold a public meeting, and then they have to bring it to a town meeting. Mr. Mulvey It can be done as a regulation without town meeting, but only after a hearing, by the planning board, but if it is to be part of the bylaw, it would be a revision of the bylaw and it has to go to town meeting. Mr. Mulvey spoke to Coreen Moore and she stated she has been using the State rules but it is difficult for her to enforce. If it was part of the Town bylaw or regulation it would be easier for her to enforce
Mort Toomey stated the Town of Bourne has been non compliant for approximately 10 years. These are MS4 EPA regulations. They have to make out an MS4 report every April. Last year they gave me a copy of the previous year.
Jennifer Cheyne stated almost the whole untied states in non compliant. There are some towns that have done a great job and there are other towns that don’t. Why are some town successful and other towns not. The more financial problem they have they will be less motivated.
Mort Toomey stated if they don't have any new bylaws set in the town, the future goes by the grandfather rules and regulations and doesn't have to go by the MA4 regulations, which are more stringent and cost a lot more money to anticipate.
Jim Mulvey stated it applies to only subdivisions.
Mort Toomey stated the Planning Board should get a copy of the Mass DEP Stormwater Regulations and use those.
5) Committee membership
Mort Toomey stated we recently lost a member and we can delete her from the list.
Jim Mulvey stated he doesn't know if he wants to re-up.
Jennifer Cheyne stated to Mr. Mulvey would like you for at least another year until the new members can get use to what this committee does.
Mort Toomey stated we want your guidance until we can get new members. As far as the membership goes, the best way to find people, someone who might be interested is word of mouth.
Christine Kane stated Jennifer Kane is overloaded at the time and cannot take on anything else at this time.
Jim Mulvey stated the every other meeting of the Selectmen there are vacancies to be filled, sometimes there are two vacancies but only one opening. If we can get back to town hall and Mrs. Rebello could go back and see what these committees were.
Mort Toomey stated we have had some newspaper articles past year about our committee. I invited two of the newspaper reporters to attend our meetings. They wrote an article about us. At the end of their write-up they put the committee is looking for a couple more people, and those that are interested to come forward.
Jennifer Cheyne questioned if there is someone at Town Hall that lets the newspapers know when there are opening on committees? The last time there was a list we weren't listed. Where did they get that information from, and why weren't we listed? As you talk to Mrs. Rebello please make sure we get on the list that has openings on committees.
Mort Toomey stated he will talk to someone about being on the list of openings on committees if there is such a list. Mrs. Rebello or Nancy Sundman.
Jen Cheyne mentioned Cynthia Coffin, Bourne Health Agent, maybe she will be an asset to the committee, just to remind the members that she might be a good person to reach out to.
The Chairman would like Jim Mulvey to talk with Cynthia Coffin about becoming a member of this committee. Jennifer Cheyne suggested we invite her to one of our meetings.
6) The Buzzards Bay National Estuary meeting held at Fairhaven Town Hall with Dr. Costa
Mort Toomey stated he attended the meting in Fairhaven. Dr. Costa was the main speaker. You had to take a test of the water a couple days before the storm, then after the first flush, after a storm.
Jim Mulvey stated the problem is at Queen Sewell Pond, you need a work crew and you need a boat. If you go out for the first flush, you need a crew to lift the catch basin covers, do the sampling, and then the sampling has to get to a lab, there is a lot that has to be done. It comes down to manpower.
Mort Toomey suggested we get people from the Mass Maritime Academy or the Technical schools, we need manpower to get these tests done.
Jennifer Cheyne stated that what is involved is beyond what the DPW staff can handle, you will have to organize something else.
Mort Toomey stated each town will have to organize their own crew.
Jim Mulvey questioned what this project would be called, so we can refer to it later?
Jen Cheney suggested Stormwater Collaborative. Mr. Mulvey Questioned who or what group is the lead on this? Mort Toomey stated the town manager and George Sala from the DPW, would be in charge. Mr. Mulvey questioned if it is their responsibility to put the manpower together? Mr. Toomey stated they were the ones who signed the documents and sent them into Dr. Costa that they were interested in getting into the program.
Mort Toomey stated the EPA Grant was for 5 towns. They had a certain amount of money to split between those five towns. Bourne and Falmouth were not included on that list. Now there has been interest in Bourne and Falmouth, and has been brought to the attention to the EPA. They are trying to add Bourne and Falmouth to the list. Now there will be 7 towns. Dr. Costa told me we are on the waiting list, to be added to the list.
Jim Mulvey stated this was presented at the Fairhaven meeting on Feb 25th. At that meeting this town was represented by Mr. Toomey as chairman of this group. The DPW Superintendent and the technician of the Conservation Commission were also at that meeting. At that meeting is was learned about the Grant program, five towns were to be involved. Bourne and Falmouth weren't included among the five towns. It was recently indicated this town would like to be included.
Mort Toomey stated we don't know how long it will be before the EPA will add us to the list.
We can go to the Barnstable lab or there is a lab in Fairhaven we could use. There is a tremendous amount of work to get this job done. If any committee members want to volunteer I welcome it.
7) a) Review goals for 2016
b) Agenda items for next meeting
Jim Mulvey stated one goal is to finalize a stormwater remediation either bylaw or MS4 EPA regulation, to get it before the Planning Board, and to bring the revised stormwater to fruition.
Jim Mulvey stated another goal is nitrogen fertilizer regulation.
Mort Toomey suggested Cynthia Coffin to come in as a guest speaker. How can we get fertilizer regulations for the Town of Bourne. She would be a great speaker for that subject.
Bylaw or Regulation
Develop Potential Candidates for Membership
The most optimal time and place to have meetings
Nitrogen Lawn Fertilizer
Planning a strategy to stay current with all Federal and State grants
Review Executive Orders for both committees
Review Goals - Find goals from past years to try to put this all together and find out where we want to concentrate
Mort Toomey stated the biggest goal has been to re-open closed shellfish beds. Jennifer Cheyne stated we know why for a number of reasons, why we cant take it any further so it was put on hold.
Jennifer Cheyne stated maybe this has to go as an agenda item for next month. In Elaine's letter of resignation she stated Mr. Toomey has worked hard to keep issues of stormwater runoff and pollution in site and in the minds of Town Officials and Selectmen, but the committee has often been ignored or forgotten and sometimes considered an annoyance. We need to find out why we are running into this issue. We need think of more proactive ways to try to overcome some of these obstacles we keep running into. They should consider us a resource. How do we make this committee relevant to both town officials and the public?
Jim Mulvey spoke about the general problem with the list of committees. Some aren't active and some are short memberships.
Jim Mulvey stated another goal is the Executive Order, what the committee's responsibilities are to the town by appointment; re read the executive orders.
Voted Jim Mulvey moved and seconded by Christine Kane that the issues brought up by Jennifer Cheyne for future goals be accepted as such and held open for the next agenda to add to if necessary. Vote 5-0.
8) Place, Date, and Time of Next Meeting
The next Selectmen’s Task Force on local Pollution and Phase II Stormwater Management Community Oversight Group will be on Monday, April 18th at 7:00 P.M.
Mort Toomey stated we have this place booked for the 2nd Monday of every month. Talk to Debbie and she will make the phone call to change the date.
Voted Mort Toomey moved and seconded by Les Perry to move the next meeting from April 11th to April 18th. Vote 5-0.
9) What is going to be the agenda items for next meeting
1. Comment Period
2. Minutes from…
3. Brainstorming keeping the committee relevant to the town officials and the community
4. Read the Executive Order
5. Stormwater bylaw/regulations
6. Membership
10) Adjourn
Voted Less Perry moved and seconded by Jennifer Cheyne to adjourn at 8:35P.M.
Respectfully submitted – Carole Ellis, scribe.
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