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Home My Public Portal AboutMFWQC Minutes 2022-08-22Marine and Fresh Water Quality Committee Meeting Minutes August 22, 2022 (Nauset Room and via Zoom) Attendees: Carol Etzold, Mary Griffin, Ed Hafner, Carolyn Kennedy, Richard Levy, Valerie May, Robert Mullin and Judy Scanlon (Chair) Regrets: Judith Bruce Other: Michael Herman, Select Board Liaison MINUTES 1. Call to Order The Chair called the meeting to order at 10:03 A 2. Summer Estuary Sampling (Orleans) -Status Update and Discussion Foliowing 3rd and 4th Sampling Rounds. The Chair reported briefly that the last sampling round was cancelled due to inclement weather. The prior sampling was completed without incident. 3. PALS Freshwater Lake and Pond Monitoring (Orleans) -Status Update for August Sampling. Pre -stratification sampling was completed in the spring and PALS countywide sampling (post - stratification) is performed in the summer. Carolyn reported that the summer sampling is going smoothly. Surface to bottom, the Shoal Pond station showed almost no dissolved oxygen even at the surface; a repeat test the next day was also very low. Carolyn will look at previous year's samplings and follow up. 4. Orleans Home Rule Petition Article to Prohibit Application of Fertilizer -Discussion, and Possible Vote to Support. Michael Herman reported that the Orleans Home Rule Petition to Prohibit Application of Fertilizers in the Town of Orleans discussions are ongoing and there is going to be a Public Workshop coming up on Monday, August 22, from 4-6 PM. The Orleans warrant article is very similar to that of Nantucket. Robert asked about whether or not fertilizers contribute to the degradation of our drinking water in Orleans — is there any evidence to support the petition's statements about the quality of the Orleans drinking water supply, which Carolyn reported is excellent due to protection of the well head areas. Without data supporting the petition position on water quality degradation here, Robert suggested it would be more appropriate to change the wording in the petition to state that nitrogen contamination as it relates to our drinking water, has happened elsewhere instead. MFW.0 Meeting Minutes, August 22, 2022 (Continued) Michael reported that the petition may take up to two years in State committee and/or expire if they do not render a decision. Valerie asked about the towns of Brewster and Eastham. Michael reported that there has been contact but it's not clear if they want to do the same. Mary asked about Section 3 of the petition, and if there could be limited, reasonable instances when other "fertilizers" might be treated as an exception to the rule which could help in moving the rule through the legislative process. Michael said the Select Board cannot at this time commit to adding broad exceptions; however, the petition process would permit discussions on limited exceptions to the rule. Carolyn said that there were at least two prior policies (a by -taw in 2013 which was updated fully in 2014), and in these there were exceptions to the application of fertilizer, such as athletic fields. There are no penalties in those documents. Michael replied that Select Board knows there will need to be enforcement of the rule. There will be a discussion at the next Town meeting; and another citizen's forum before the Town meeting. Carolyn noted that it will be a challenge to separate out the impact of the start of wastewater treatment turn -on vs. the fertilizer ban. She noted that simply turning off one source will not solve the problem completely, and we will need to follow all of the water bodies over the next few years to see how all the mitigation activities have helped. Carol mentioned that it will be at least two years before this petition is approved anyway, so that might help in separating out the impact of the two mitigation steps. There was brief discussion about awareness and social media as being important to ensure the petition is well understood and the Chair noted that the main nutrient source issue are fertilizers applied to lawns, not backyard vegetable or flower gardens. Michael noted that there will be a FAQ link on the Town website. Ed said he is agreement with Section 1 and that he is in agreement that the letter from the Committee can support the science as stated in the petition. However, education is another way to do this. Ed also mentioned that the percentage of nitrogen contributed by fertilizers will show up as higher once the wastewater treatment is in place. Though all committee members support the goal regarding the SB and Town's efforts to reduce nutrient inputs and improve water quality in our freshwater ponds and estuaries, not all members were comfortable with certain aspects of this particular Home Rule approach, but were in support of moving this process forward. Motion: There was a motion by Rich for Mary and Ed to write a letter from the Committee emphasizing that the Committee supports the overall goals of this home rule petition and the science upon it is based. The letter should also state that there are a number of ways to achieve these goals. Approved 7-0-0 The draft letter will be reviewed by all committee members and each member will send their comments back to Mary and Ed. The letter will be reviewed at a special meeting of the Committee on August 29th. 5. New Wastewater Advisory Committee-MFWQ Committee Representative Report (Chair will read brief summary provided in advance by WAC Rep). The Chair said that Judith reported in an email dated August 16'", 2022, that the Committee held its first meeting on Thursday, August 11. Attendees reviewed the Committee charge and elected the following officers: 2 MFWQC Meeting Minutes, August 22, 2022 (Continued) • Kevin Galligan (Select Board Rep), Chair • Judith Bruce (MFWQC Rep), Vice Chair • Ginny Farber (Cons Com Rep), Clerk Other committee members include John Smith (Board of Health Rep), Dick Hartman (Planning Board rep), Alan McClennen (Water and Sewer Commission Rep), Lynn Bruneau (Fin Com Rep & non -voting member). The committee will meet twice a month, on the 2nd and 4th Thursday mornings, at 10 AM. The Committee will initially focus on priorities to address upcoming deadlines including submitting the revised CWMP and updating the Pleasant Bay Watershed Permit Schedule. 6. Sarah's PondIOPC WQ Project, and APCC Cyanobacteria Monitoring- Update. Judith is not present today, and there is no report on Sarah's Pond. Ed reported that over the course of the summer there have been some ponds of "potential of concern" in Orleans, and these are being retested weekly. None of Orleans ponds have reached health advisory status. Some other ponds on the Cape have moved to that level and are closed. Ed wants to support OPC for the work they do. Carol stated that the alum treatment appears to have worked (vis-a-vis cyanobacteria levels) in Uncle Harvey's Pond even though the weather has been dry and very warm. The Chair anticipates inviting the Town Consultants from SMAST to a future Select Board meeting to report on some of the positive water quality improvements we have seen in some of the Orleans lakes and ponds where Management Plans have been implemented, including Cedar and Uncle Harvey's.. 7. Approval of Meeting Minutes- April 25, and July 25, 2022. The Draft Meeting Minutes for our July 25th meeting were approved with the edits from several members including changes recommended by Carolyn at the meeting. Approved 7-0-0 8. Announcements Ed reported that during Celebrate our Waters weekend, there will be a site visit to Sarah's Pond as one of the offered activities , September 16-18t. Mary said that OPC is looking for volunteers to help out that day. Rich will send the Committee members instructions on how to access the video archives of our Committee's meetings. 9. Public Comment No public Comments. MFINQC Meeting Minutes, August 22, 2022 (Continued) 10. Adjourn Motion to adjourn at 11:36 PM was approved. Carolyn motioned; Ed seconded. Approved 7-0-0 Future MFWQC Meeting Dates: YR 2022- 9/26, 10124, 11128 and 12/19. These Minutes were approved at Committee Meeting on September 26, 2022. Vote: 7-0-0 4