Lake Pocotopaug Commission
Regular Meeting
February 15, 2007
Eaton E. Smith Meeting Room - Town Hall
Minutes
Call to Order & Roll Call
Chairman Hart called the Lake Pocotopaug Commission to order at 7:01 PM.
Members Present: Chairman Bob Hart, Vice Chairman John Ciriello, Irene Curtis (7:15 pm), John Jordan, Jack Solomon, and Tom Wells. Alyce Scrivener was absent.
Others Present: Wayne Rand, John Silino, Recording Secretary Kamey Ahrens.
Approvals of Minutes, January 30, 2007:
Motion by John Ciriello to approve the meeting minutes dated January 30, 2007. Motion was seconded by John Jordan. Vote passed 5-0.
Public Remarks:
Wayne Rand, 18 Shipyard Road, asked the commission for clarification on agenda item 5.B.2) Chairman Hart stated the reason for it being on the agenda is it is an ongoing application that came up with the IWWA, and the LPC has the ability to review the application and make any recommendations to the IWWA. Mr. Rand stated as the applicant if the LPC wanted to make a recommendation of some type to the IWWA or P&Z, it would need to be listed on the agenda and it is not on the agenda in the appropriate place, being listed under liaison reports and should be listed as an application. This would give the applicant the opportunity to bring in the professionals that they would need to advise the commission so an informed recommendation can be made. Mr. Rand asked for clarification on the agenda stating ‘Continued to the
next regular scheduled meeting on February 28, 2007’ Chairman Hart stated this was received from the IWWA minutes. Chairman Hart stated the LPC is purely addressing this from the lake protections point of view keeping this very generic.
Mr. Rand provided the commission with copies of the photo's from the previous meeting in addition to pictures that were taken by Mr. Rand the next day following the meeting showing in the photographs the silt fence that he stated were cut out of the other photos.
Tom Wells recused himself from the meeting at this time.
Mr. Rand showed the commission hay bails, chips, in addition to five silt fencings that are at the Skyline Estates project. Mr. Rand asked the LPC to forward the photos that were presented to the IWWA Commission.
John Silino, 60 Ushure Drive, Niantic, asked the commission in regards to the photographs that Mr. Ciriello had presented for the record why the one photo that was taken was presented to the commission when seeing the photos Mr. Rand taken the other clearly was not accurate. Chairman Hart stated the commission main concern is the end result, and the commissions continue to try to prevent the problems, however if the problems occur it is important the problems are addressed.
Administrative Business:
None
Communications & Commissioner Reports
A. Town Council Meetings – 2nd & 4th Tuesday, J. Ciriello reported the meeting on the January 13th there was discussion on the Managers report to the Town Council, dated February 14, 2007. J. Ciriello read this into the record. I. Curtis reported on the January 23rd activity of acceptance of the Engineering Report on Belltown Square that satisfied the town building department.
B. IWWC Meeting – T. Wells reported on the January 31st meeting and reported on the number of items that could affect the watershed all which were continued until the next regularly scheduled meeting.
Chairman Hart stated in reference to the next agenda items the applications that are in process now at IWWA and according to our ordinance that establish this commission simply stating ‘all applications submitted to the East Hampton Inland Wetlands and Watercourse Agency relating to and or affecting the Lake Pocotopaug Watershed area shall be submitted to the Lake Pocotopaug Commission within 5 business days of receipt by the Inland Wetlands and Watercourse Agency. Any Lake Pocotopaug Commission Advisory opinion shall be rendered in sufficient time to enable the Inland Wetlands and Watercourse Agency and other town agency’s and commissions to review and act upon the application within the time prescribed by state status when applicable.’ Chairman Hart stated that now would be the appropriate time to
discuss these items and if the commission so elects to provide an advisory opinion.
1. Application of NE Development, Belltown Square Phase II, LLC, East High Street & Lakeview Street, for activity within the upland review area (filling, excavation, land clearing & drainage improvements, for commercial improvements) – Continued to the next regular scheduled meeting on February 28, 2007. J. Ciriello discussed the IWWA new permitting process and looked for clarification on this in addition a way for this commission to be better educated on items that are going on in the town in the watershed. J. Solomon stated he didn’t feel this commission wanted to duplicate what other commissions are doing. J. Jordan suggested having the right to reserve as a commission to monitor any development project anywhere that affects the watershed. Tom Wells suggested creating a generic checklist or a set of
items that can apply to most any project. J. Jordan stated with existing projects the commission can monitor, however new projects moving forward we can impact with discussion. Chairman Hart suggested starting off with the generic approach and as the commission moves down the road move to different approaches. J. Ciriello looked into the program NEMO, part of the UCONN, which is a land use academy, for commission like the LPC to help with educating. He is going to look into further and will report back to the commission at a later date. I. Curtis stated with this specific application there is an extreme impact, very close to the lake and she thinks the LPC should stay very close with the engineering reports and daily inspections and see if we as a commission can form a generic checklist. T. Wells asked if there are plans for this specific project. The commission discussed reviewing the plans. Chairman Hart felt we didn’t have the expertise to review the plans and asked for
the opinions of the other commission members.
Chairman Hart suggested the following items be brought forth to the IWWA. When the LPC looks at these kinds of applications, the commissions not get into prescriptive requirements, design specifics, until the best management practices are known on keeping nutrients from leaving the site. Instead of prescriptive requirements get into performance requirements for developments. Advising the IWWA to adhere to the 0 net increase of phosphorus including not allowing trade offs from other locations in the watershed. J. Jordan stated if this action was going to take place the commission needs to back it up with enforcement.
T. Wells reported on the phosphorus calculations that were done on this project that seemed to be misleading. He stated he thought they should come up with a model that all applicants use so there would be no confusion on the phosphorus readings.
A motion was made by John Ciriello, seconded by John Jordan to take 15 minutes to review the Belltown Square plans to see how complicated they are and verification on how many entrances there are to this project. Vote: 4-2, Motion passed. Yes- Tom Wells, Irene Curtis, John Ciriello, John Jordan. No- Bob Hart & Jack Solomon.
The commission took 15 minutes to review the plans.
The commission discussed the key items of discussion that they feel should be considered in reviewing an application. They commission created a list of items in order to generate a generic letter to the IWWA:
General Guidelines for IWWA (for new watershed building applications)
1) * Monitoring Requirements (preferably continuous with immediate notification of problem)
2) *# Performance-based Requirements (e.g. P or turbidity runoff limits)
3) # Zero net increase in P runoff
4) * No “compensation” or “tradeoff” projects elsewhere in watershed
5) * Rapid response to runoff events
6) *# Penalties for exceeding runoff performance limits
7) *# Enforcement of penalties
8) # Use of Standard or Model (ENSR?) Phosphorus Calculations for completed development and follow-up performance tests to compare to calculations.
9) *# Infiltration trenches and other subsurface detention structures must be maintainable and include a maintenance plan with enforcement requirements.
* Construction Phase
# Finished Development
A motion was made by Bob Hart, seconded by Jack Solomon to address a letter to the East Hampton Inland Wetlands Agency with the items discussed. Vote: 6-0 Motion carries.
A motion was made by John Jordan, seconded by Jack Solomon to have Chairman Hart & John Ciriello address a letter to the IWWA without any further review by the LPC. Vote: 6-0 Motion carries. 2. Application of Old Clark Hill, LLC, Skyline Estate Phase II, Highland Terrace & Old Clark Hill Road, for activity within the upland review area (filling, excavation, land clearing, roadway construction, drainage improvements for residential developments for single family units, storm water/flood control & E&S control) – Continued to the next regular scheduled meeting on February 28, 2007.
Tom Wells recused himself from this application to avoid any appearance of conflict of interest.
Wayne Rand asked the commission again to schedule a special meeting so the applicant can bring their specialist before the commission to answer any questions they may have. Mr. Rand stated putting this item under commission liaison reports ‘continued to the next regularly schedule meeting on February 28, 2007 is two violations of the Roberts Rules that will cost the town $4000 for each offense. Mr. Rand again stated he would be more than willing to come to the meeting prepared with his professionals for a following meeting. Chairman Hart replied they do not have an opportunity to do that because of the time frame but appreciate the offer and we are all here to help the lake situation.
Chairman Hart asked if there were any additions for item 5B2 or if the discussion from the previous item was applicable. The commission agreed the specific developments do not need to be discussed in the letter as it was a generic discussion.
C. PZC Meeting – 1st Wednesday Tom Wells reported on the February 7th meeting and the applications that were before the commission that are in or could affect the watershed. The Planning and Zoning Commission scheduled a workshop for February 15, 2007.
D. ZBA Meeting – 2nd Monday Alyce Scrivener was not present to report.
E. Conservation Commission – 2nd Thursday John Jordan reported that there was no discussion that affected the LPC at this meeting. The LPC has decided to become an active participant in the Earth Day program.
F. Water & Sewer Commission – 1st Tuesday John Ciriello reported from the meeting the applications that were before the commission that affected the LPC.
G. Park & Recreation Advisory Board – 1st Tuesday John Ciriello reported from the meeting and will discuss additional information on the agenda item 9B.
H. Friends of Lake Pocotopaug – Jack Solomon reported the Friends of Lake Pocotopaug plans for future fund raising efforts. Chairman Hart asked when was going to be invited to a meeting. This invite could take place at the March meeting.
I. Other Tom Wells reported to the LPC the scheduled site walks for Skyline Estates Phase II.
Monitoring Committee Report –
Jack Solomon stated the Monitoring Committee reviewed the charge; they have elected a chair, and sent out a sketch monitoring plan. They have spoken to Ken Wagner and he is available for the March 15th meeting to discuss the monitoring programs, cost trade offs, development performance, overall assessments, lake management plan, and ways to obtain grants. Chairman Hart suggested setting a special meeting with Dr. Wagner.
A motion was made by John Jordan, seconded by John Ciriello to direct Jack Solomon to make contact with Mr. Wagner and see if he is available for one of the following dates to conduct a special meeting with the LPC. 2/27, 3/8, 3/13, or 3/1. Vote: 6-0, Motion carries.
Educational Activities
A. Education Committee Report
J. Ciriello reported on the committee’s meeting. J. Ciriello provided the commission with a proposed list of speakers for the LPC. The survey monkey pilot is just about ready to role out; it will be released by the end of March. J. Jordan reported he has spoken with Michael Patten of the DEP regarding placing speed buoys in the lake. The commission suggested bringing this to the Town Council for their support in addition to scheduling a Public Meeting for further discussion. The education committee has obtained a booth for Earth-Day which will take place on May 5, 2007 with different types of information in addition to the possible raffle for members of the public to participate in.
B. Review of January 30th Reading Assignment – “Land Use and Phosphorus Input to Lake Pocotopaug, East Hampton Ad Hoc Lake Advisory Committee”, March 7, 1995
The commission reviewed the reading assignment.
C. Reading Assignment – “Stormwater Renovation and Management Plan for the Lake Pocotopaug, Watershed”, Prepared for the Town of East Hampton, March 1995, WMC Consulting Engineers
Chairman Hart asked the commission members to read this document; it will be discussed at the next regularly schedule meeting.
D. Presentation – “Monitoring”, Tom Wells
Tom Wells showed the commission members two items of monitoring tools. First being the Secchi disk and meter cord, the second a D.O. meter, giving a brief presentation of the use of each of these items.
E. Video – “Managing Lakes Through Community Participation”, John Ciriello
TABLED
Old Business:
None
New Business:
A. Proposed No-Phosphorus Fertilizer Ordinance
The commission reviewed the attorney’s recommendations. Chairman Hart prepared a drafted letter addressed to the East Hampton Inland Wetlands and Watercourses Agency in regards to the lawn fertilizer ordinance dated April 26, 2007 that is recommended by the lake commission to be adopted by the Town of East Hampton Town Council with specific amendments that are listed in the letter. There was further discussion on how phosphorus levels could be reduced in the lake.
A motion by Irene Curtis, seconded by John Jordan, that the LPC send a recommendation to the IWWA stating they are in general agreement with a no phosphorous ordinance suggesting these changes be made and when a final draft is available the LPC would like the opportunity to review before making final recommendations. Vote: 6-0, Motion carries.
B. Parks & Rec. Dept. letter requesting funds from the LPC for organic fertilizer program at Sears Park
J. Ciriello reported to the LPC the request from the Parks & Recreations Department asking for the LPC to provide their commission with $5000 to help in the funding of an organic lawn trial at Sears Park. The commission was presented with a letter from the Parks & Recreations in addition to a memo addressed to Alan Bergren dated November 30th, 2006 describing organic fertilizer methods. The commission discussed the matter. Chairman Hart suggested they come before our commission for further discussion and what are the expectations from the project in addition to any past experience related to this. Tom Wells stated he admires their initiative but would like further information on the project.
A motion was made by John Ciriello to support the pilot organic fertilization program at Sears Park and that funding, all or part of the $5000, estimated cost of the project, be considered by our commission. Before the funding dollars are provided, our commission would have to approve the final pilot organic fertilization project as presented to us by the Park & Recreations Departments. There was no second to the motion/ Motion Fails.
A motion was made by John Jordan, seconded by Bob Hart to entertain a presentation from the Park and Recreations to bring forth this proposal for the LPC review and approval. Discussion: Jack Solomon suggested having our Chairman invite the Park and Recreations to a meeting for further discussion. Vote: 5-1, Yes- Tom Wells, Irene Curtis, John Ciriello, Bob Hart, John Jordan: No Jack Solomon
Public Remarks
None
Adjournment
A motion was made by John Jordan, seconded by Irene Curtis to adjourn The Lake Pocotopaug Commission at 11:15 P.M. Vote 6-0, Motion passed
Respectfully Submitted,
Kamey Ahrens Recording Secretary
| 
