11/02/2020 BOARD OF SELECTMEN Minutes

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11 Board of Selectmen Minutes November 2, 2020 NEW BUSINESS Discussion of Dredging Project at Mashpee Neck Marina: Department of Natural Resources Director (or designee): The Board of Selectmen reviewed communication received from Department of Natural Resources Director Ashley Fisher dated November 2, 2020 regarding the dredging project at the Mashpee Neck Marina. While on patrol on the morning of October 16, 2020 the Shellfish Constable noticed a large amount of silt being released into the waters by the Mashpee Neck Landing by the dredging project at the marina. The next day the Conservation Agent inspected the work and fines were issued to Schultz Marine for violations associated to the Order of Conditions for the dredging project. This includes the following; A $300 fine for failure to notify the Conservation Department of the start of the dredging, and a$300 fine for adversely impacting the wetland resources. Samples were taken on October 19, 2020 for fecal coliform. After a 24 hour incubation period all samples failed the fecal coliform testing. Samples on October 26, 2020 after the incubation passed under the 14 colony threshold. It was determined the area could be open for the taking of shellfish on November 1, 2020. Ms. Fisher was in training and unable to attend this meeting. She did however answer several questions provided by Selectman Andrew R. Gottlieb in his memorandum addressed to the Town Manager dated November 2, 2020. This is a private dredge project, and the permittee is required to manage siltation control measures on site, but failed to do so and jeopardized the Town's entire shellfish aquaculture program and resource for commercial fishermen. The private contracting firm also failed to comply with the permit by continuing work after notification. The contractor fully deployed a boom to further contaminate the site and did not communicate with the Conservation Department of the start and at the end of the project. There was appalling concern as the contractor being informed of the violation on Friday, did not stop work until Monday. Non-compliance in a sensitive area of which the Town is expending a great deal of funds to improve water quality is an act of irresponsibility and an abuse of rules and regulations. Town Manager Rodney C. Collins indicated he has consulted with Town Counsel on this matter and through the advice of Town Counsel will further discuss this concern with an Environmental Special Counsel. The Town of Mashpee will pursue all damage possibilities. It was fully agreed the Board of Selectmen would review the adequacy of the Rules of Enforcement and Fines thereof.