7/8/2010 ENVIRONMENTAL OVERSIGHT COMMITTEE Minutes

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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 50150 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 Walford, 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. Walford's letter. Mr. Baker made a motion that the EOC co-author Ms. Watford'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 Cahalan 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 2