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04/29/2008 Town Council Special Mtg-Fertilizer Forum
Town of East Hampton
Town Council Special Meeting
Fertilizer Forum
Tuesday, April 29, 2008 – 6:00 p.m.
East Hampton Middle School Library/Media Center

Minutes
 
Present: Chairperson Melissa Engel, Vice Chairman Thomas Cordeiro and members, Scott Minnick, John Tuttle and Susan Weintraub.

Also present were Acting Town Manager Robert Drewry, Recording Secretary Cathy Sirois, members of the Lake Commission and Inland Wetlands Watercourses Agency, several citizens, members of the press and the following invited participants:  Paul Muhlberg – Tru Green, Matt and Jessica Carroll – Jessica’s Garden, Paul and Dan Peszynski – Paul’s & Sandy’s Too.

Not present:  William Devine and Christopher Goff

Call to order and Pledge of Allegiance:  Chairperson Engel called the special meeting to order at 6:03 p.m.  All stood to recite the Pledge of Allegiance.  

Josh Wilson, Vice Chairman of the Inland Wetlands Watercourses Agency, provided an overview of the background on the Ferilizer Ordinance. In 2006 the Inland Wetland Watercourses Agency began developing an ordinance in an effort to reduce phosphorus in the lake watershed.  Since then it has been reviewed by Planning & Zoning, the Conservation Commission, the Lake Commission, the prior Town Council and the Town Attorney.  

Retailer Comments:  
Paul Muhlberg of Tru Green Lawn Care has worked for Tru Green for 27 years and has been a resident of the town for 18 years.  In 2002 they started a lake friendly effort of using phosphorus free fertilizer products in the watershed for their commercial accounts.  Outside of the watershed area they provide phosphorus free products by request.  There is no price difference for Tru Green’s phosphorus and phosphorus free products.  

Matt Carroll of Jessica’s Garden feels that the ordinance is well intentioned but there could be consequences for retailers in town that sell ferilizer.  Residents will go out of town to purchase fertilizer and that could take other business away from the stores also. He suggested sending a brochure to town residents in February educating them on the fertilizer components.  

Paul Peszynski of Paul’s and Sandy’s Too noted that he is a resident living on the lake as well as a business owner.  He does not feel that stopping the use of phosphorus fertilizer near the lake will make a change in the lake.  He feels that erosion is the major problem.  He explained the numbers on a bag of fertilizer noting the amount of elements in the bag.  He feels that the amount of phosphorus from fertilizer going into the lake is immeasurable.  Mr. Peszynski feels that if the ordinance is passed it should be for the watershed area and that all residents should receive an informational flyer each year.

Commission Comments:  
Bob Hart, Chairman of the Lake Commission, agrees that the flyer that Paul’s & Sandy’s Too provides is a good start.  The lake is suffering from increasing algae blooms especially mid to late summer.  He feels the best way to reduce the algae blooms is to reduce the amount of phosphorus entering the lake.  He noted that stopping silt from coming into the lake will also help the lake.  The Lake Commission unanimously supports the lawn fertilizer ordinance without section 1.07 (sale) and related references.  

Josh Wilson, Vice Chairman of the Inland Wetlands Watercourses Agency, noted the 3 E’s – enact, enforce and educate.  Education is important.   He agrees that erosion and runoff is also an issue.  He noted that the sale portion is important and gives some accountability to the retailers and removing this section weakens the responsibility.

Ms. Engel asked that if all products are going to a zero based phosphorus fertilizer then what is the purpose of the ordinance?.  Mr.Peszynski noted that they are going to offer a new phosphorus free product line, they are not discontinuing phosphorus based fertilizers.

Public Comments:  
Phil Wielgosh, 79 North Main Street, asked if the lower water level of the lake in August affects the algae bloom and also asked if the catch basins can filter the water before it goes into the lake.  Mr. Peszynski noted that the lake level is determined by Mr. Bevin and the town has no control over it.  Mr. Drewry responded that the catch basins are being retrofitted as they are being replaced but there is no proof that this works.  Also Public Works has made a concerted effort to clean the sand off the roads around the lake.

John Ciriello, 30 Childs Road and member of the Lake Commission, noted that the lake is very sensitive to phosphorus, testing of the lawn soil is important and that educating the residents is most important.

Barbara Moore, 7 Overlook Road, is surprised that there are so many conflicting ideas and feels education is most important.

Paul Muhlberg commented that if the fertilizer ordinances passes and eventually there will be penalties the wording on Section 1.05 #4 should be re-worded as some product needs to go on hard top areas.

Mary Ann Dostaler, 56 William Drive noted that the lake situation didn’t happen overnight, there is no one source and no one remedy.  She would like to see the Town Council adopt the fertilizer ordinance without the sale portion.  Also she recommended additional wording regarding the disclosure by commercial applicators as to what they are putting on the lawns.

Paul Peszynski feels that an ordinance that cannot be enforced it is an exercise in futility. Education is the solution.  If the ordinance is passed he recommends wording of a stipulation if the lake does not improve in a certain number of years the ordinance would be rescinded.

Patience Anderson, Anderson Way, noted that the lake is a long term problem and it is getting worse.  The Council has the opportunity to take a potential solution and try it.

Kyle Dostaler, 56 William Drive, noted there are many reasons and causes for the lake issues.  He supports the ordinance and an education program.

Josh Wilson feels that the ordinance is something that could make a difference in the lake.

Irene Curtis, Wangonk Trail, is in favor of the ordinance and feels the town needs to financially back solutions that the Lake Commission finds helpful. The ordinance would be a first step to fix the lake.

The Council will discuss the ordinance at their next regular meeting.  Mr. Minnick would like feedback from Parks & Recreation.

Adjournment:  
A motion was made by Mr. Minnick, seconded by Mr. Tuttle, to adjourn the meeting at 7:53 p.m. Voted (7-0).

Respectfully submitted,



Cathy Sirois
Recording Secretary