12/16/2014 ENVIRONMENTAL OVERSIGHT COMMITTEE Minutes

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TO: Board of Selectmen FROM: John Cahalane Andrew Gottlieb DATE: November 29, 2014 RE: Wastewater plan Andrew and I were tasked with exploring options for continued Town management of the wastewater issue in the event that the proposed transfer to the Water District does not happen. This memo explores the practical options that we see as viable. The District legislation does not fully go into effect until the voters of the District accept its provisions at the annual election in the spring. If the vote is positive, then, and only then, is the Mashpee charter amended to eliminate the Sewer Commission. Until that time, the Mashpee Sewer Commission exists and functions as it has. The legislation also allows the District. In addition, in a somewhat confusing fashion, the law states: "Until section 1 (authorization to be in the wastewater business- added for explanation) takes effect (by positive vote on referendum- added for explanation) and until the execution of an intermunicipal agreement authorized in section 5, the responsibilities, duties and powers of the town of Mashpee relative to public sewer and wastewater treatment and disposal functions within the geographical boundaries of the town of Mashpee shall remain in full force and effect." What this means is that even though the Sewer Commission is gone, until the Town and District execute an MOU, the Town retains all the responsibility it currently has. This means that two actions, voter approval and the execution of an MOU, are needed to perfect transfer of all duties and responsibilities to the District. While complex, this provision expands our options going forward. As charged, this analysis is predicated on the vote failing, and then our options fall into two categories. One has the Town and District both involved and working together on wastewater management. The other involves the Town retaining sole responsibility and control. Each is discussed below.