1/22/2009 CONSERVATION COMMISSION Minutes

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i r� Mashpee Conservation Commission Minutes of January 22, 2009 Public Hearings Mashpee Town Hall Present: Chairman Jack Fitzsimmons, John Rogers, Jeff Cross, Lloyd Allen, Jack Mates, Bob Anderson, Len Pinaud Also Present: Conservation Agent-Drew McManus, Asst. Conservation Agent-Li. Leidh ld The meeting was called to order with a quorum by Chairman Fitzsimmons mons at 6.-55 pm. Pre/Post Hearing Agenda 1 New RP for Quashnet Bog and Garner Farley Bog The Commission has been asked to approve a 10 year lease for the RFP for Quashnet.Rog and Garner Farley Bog. Two growers appeared for the bog tour. It was brought to the Conservation Agent's attention that wording had been changed in the.RFP from the Commission approved year lease to a 3 year lease, due to,some confusion about whether or not a bid needed to go to Town Meeting. Through investigation, it was discovered that the original 7 year contract with Tian Handy had begin approved in perpetuity at Town Meeting. Therefore, the Commission can approve a multiple year lease beyond 3 years. Dace the Commission mission approves the standard 1 year lease which will allow growers the bine to establish the bogs, the Assistant Town Manager will submit an addendum to the RFP and extend the deadline. Since that time, 6 growers have responded. b4r. Mates questioned town liability regarding the quality of the berries as it relates to tainting. Agent McManus responded that typically the liability should be with the growers as they will perform their ovum testing. The Commission agreed the importance of ensuring that the town is not held liable when the contract is drafted. Agent McManus nus added that monthly updates are released by the Air Force Center for Environmental Excellence which includes reported testing pf the berries showing the berries are EDB free for the last 4 or 5 years. Motion made, seconded and unanimously carried to approve a 10 year lease for the RFP for Quashnet and Garner Farley Bogs. 2 RFP for Engineering Inspection Agent McManus received two letters from the DCR's Office ofDam Safety requiring professional engineering.inspections of the Mashpee Pond darn and John's Pond darn. Agent McManus will send an RFP to the town's engineering consultants to seek the lowest bid with a February 2 deadline. Agent McManus indicated that this should be a one time inspection unless deficiencies are identified. Agent McManus does not anticipate any problems and noted that this is a new nationwide mandate. Motion made, seconded and unanimously carried to approve the release of funds for the IFP. 3) Approval of Minutes from December 18, 2008 Motion made, seconded and unanimously carried to Approve the Minutes of December~ 18, 20084 4) Regulatory Review Meeting Agent McManus will email new dates and an agenda for early March in an effort to have all Commissioners attend the meeting. Commissioners discussed the need to advertise the meeting to the public since a quorum will be present. 1