Inland Wetlands and Watercourses Meeting

INLAND WETLANDS AND WATERCOURSES AGENCY

MINUTES OF A REGULAR MEETING

TUESDAY, May 18, 2010

A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, May 18, 2010 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut.

MEMBERS PRESENT:     Douglas Maxellon, Chairman (7:58 p.m.)

Karen Camidge, Acting Chair

Maryann Abar, Alternate, (seated) 

Joseph Albert

Robert Lemay

Jo-Marie Nelson (7:10 p.m.)

Brian Peruta

Jennifer Sierra, Alternate

Robie Staples

Patrick Szczesiul, Alternate (Seated)     

ALSO PRESENT:           Katie Bednaz, Wetlands Agent

Susan Berube, Recording Secretary

REGULAR MEETING

1.    Call to Order:  The meeting was called to order by Vice Chair Karen Camidge at 7:04 p.m.

2.    Roll Call:  Present were:  Vice Chair Karen Camidge and Agents Abar, Albert, Lemay, Peruta, Sierra, Staples, Szczesiul, Nelson (7:10 p.m.) and Maxellon (7:58 p.m.).  Also present were Katie Bednaz, Wetlands Agent and Susan Berube, Recording Secretary.

Agents Abar and Szczesiul were seated as full voting members by Vice Chair Camidge.

3.    Pledge of Allegiance:  The Pledge of Allegiance was recited.

4.    Executive Session

(Matters regarding specific employees, pending litigation, acquisition of real estate and / or matters exempt from disclosure requirements):  None.

5.    Public Participation - Issues of concern not on the agenda:  None.

6.    Correspondence:  Three items of correspondence were received.

a.    Invasive Plant Symposium to be held on 10/14/10.

b.    "Wetlands, Second Edition" by William J. Mitsch & James G. Gosselink - Chapter 16: Wetland Management and Protection:  Ms. Bednaz encouraged members to read this informative and helpful article.

c.  Memo from Town Attorney dated 05/12/10 regarding approval of XIW-10-04 at the meeting of 05/04/10. 

Agency members discussed the contents of the memo at length.  The permit for XIW-10-04 was approved without conditions or a reason for approval.  Ms.  Bednaz suggested that the Agency members discuss their intentions for the approval at this meeting so that it could be reflected in the minutes of the current meeting.

Ms. Bednaz noted that she had sent the approval letter to the applicant with the proposed conditions of approval listed and the legal notice was posted in the newspaper showing approval with conditions, before she realized that the conditions were not included in the motion for approval.  She is waiting to hear from the Town’s attorney as to whether or not the legal notice needs to be re-posted, without mention of conditions.

Acting Chair Camidge stated that it was the intention of the Agency to approve this with conditions.  She added that she does not feel that the attorney’s memo addressed the lack of conditions, only the lack of reason for approval.

Agent Staples stated that the applicant knows the conditions of approval, even if they were not printed out.

Ms. Bednaz stated that Mr. Hawkes had indicated to her that the applicant will follow the proposed conditions to the best of his ability.

Agent Abar stated that it was the Agency’s intention to have conditions and this should take precedence over what was printed in the newspaper.  And, the meeting was televised so the public could see the Agency’s intentions.

Ms. Bednaz stated that she would speak with the Town’s attorney again for further clarification.

Acting Chair Camidge expressed her concern over this application being from the Town.  The Agency is made up of volunteers and now they can come back at us and laugh and say “you made a mistake”!

Agent Peruta stated that most contracts have verbiage allowing for omissions or clerical errors and asked if there is any allowance for this. 

While the hearing is closed and no further deliberations can take place, he feels that it’s silly to believe that the conditions can be set aside.

Ms. Bednaz again stated that Mr. Hawkes has intentions to follow the conditions, but legally, he does not have to do so.

Agents Camidge and Peruta asked for additional detail as to why conditions and a reason for approval cannot be added at this time.

Ms. Bednaz noted that it was the general consensus of the Agency members that it was their intent to approve with the standard conditions, numbered one through 17, in addition to special conditions numbered 18 through 22.  She is unsure if it will matter to the Town’s attorney, but she will speak to him again about this.

Agent Peruta stated that there are always conditions and it was his intent that it was being approved with conditions.

Agent Staples stated that the attorney’s memo addresses only the fact that reasons for approval were not stated during the meeting.

Ms. Bednaz noted that the reason for approval is not 100% necessary.  If the matter went to court, the judge could review the minutes and other materials to determine the Agency’s reason for approval.

Acting Chair Camidge made a motion clarifying her intent to motion the approval of XIW10-04 with 17 general conditions and special conditions numbered 18-22.

Agent Albert made a second clarifying his intent to second the motion for the approval of XIW10-04 with 17 general conditions and special conditions numbered 18-22.

It was the consensus of the Agency members to accept this clarification.

At this time, new alternate member Jennifer Sierra was welcomed to the Agency.

Ms. Bednaz stated that she will get further clarification from the Town’s attorney.

Agent Staples expressed disappointment that he was not notified of this issue by the Chair.  He wonders who brought it up, and why.

Ms. Bednaz noted that it does not matter who brought it up, but it is important to note that it happened.

Agent Peruta asked if the Agency could request Mr. Hawkes to formally agree, in writing, to the conditions of approval as presented.

Ms. Bednaz stated that she will email this request to Mr. Hawkes.

7.    Commissioner's Correspondence:  Agent Peruta asked if there has been any response to Ms. Bednaz note to the Weymouth Road contractor regarding the stockpile locations and conditions.

Ms. Bednaz replied that she did not email the contractor directly.  She emailed Mr. Bord, Town Engineer regarding the Agency’s concerns but has not yet received a response.  She noted that most of the issues are not large but need to be kept up on, such as the use of best management practices.

Agent Peruta asked if Mr. Hawkes would be meeting with the Agency regarding Play Road.

Ms. Bednaz replied that he is scheduled to be at the Agency’s regular meeting on 06/01/10.

Agents Nelson noted that she received the Policies and Procedures for PZC.   She will be reviewing it with Agent Peruta and hopes to have a report for the Agency at the June 1, 2010 meeting.

Agent Nelson expressed her concern over a letter dated 05/10/10, written to the Town Council by Chairman Maxellon and the fact that she was not consulted nor had knowledge of the letter until she was contacted by members of the Town Council regarding the contents.

She felt that the letter should have stated that the letter was on behalf of only Chairman Maxellon or only certain members of the IWWA, which ever was the case. 

She does not disagree with a lot of the content, but she was not consulted.

Agent Albert also stated that he was unaware of the letter and was shocked and was given no opportunity for input.  He noted that the letter was signed by Chairman Maxellon, as chairman of the IWWA and he disagrees with this.

He hopes that there are not any other letters.  He feels that there should be transparency and this is not the way.

Agent Nelson continued, stating that the letter should have clearly stated it was from him, not the IWWA.  She received calls regarding the letter from several Town Council members.

Acting Chair Camidge stated that she felt it was more of a personal letter, not from the chair and it doesn’t state that the contents are the opinion of the Agency anywhere in the letter.

a.    Site Visit Updates:  Agents Lemay and Camidge reported on their recent inspections. 

Agent Lemay stated that the silt fence at the Medical Partners Building is still in place as of today.

Acting Chair Camidge visited PetSmart today and noted that the silt fence and hay bales are still there.

Ms. Bednaz stated that the contractor had planned to remove them by May 1, 2010 but something must have come up.  The management company is supposed to contact her when the contractor plans to return.

Ms. Bednaz briefly explained to Agent Sierra the procedure for inspections by Agency members.

Acting Chair Camidge also reported that she visited Five Guys restaurant on Elm Street and noted that all silt fence and hay bales have been removed and the area looks fine.

She also noted that the South Road project has not yet begun; she doesn’t believe it has been through the PZC approval process yet.

8.           Approval of Minutes - April 29, 2010 & May 4, 2010:  A motion was made by Agent Albert and seconded by Agent Nelson to approve the minutes of the meeting of April 29, 2010 as presented.  Vote was 5-0-3(Peruta, Lemay and Szczesiul.  Chairman Maxellon was not yet present to take part in the vote.)

A motion was made by Agent Nelson and seconded by Agent Lemay to approve the minutes of the meeting of May 4, 2010 as presented.  Vote was 7-0-1(Lemay.  Chairman Maxellon was not yet present to take part in the vote.)

Later in the meeting, it was noted by Agent Staples that the date on page 1, in the introduction of the minutes of the meeting of May 4, 2010 was incorrect.  The motion to approve the minutes of the meeting of 05/04/10 was amended by Agent Nelson and the second was amended by Agent Lemay to approve the minutes of the meeting of 05/04/10 with the following amendment:  page 1, introduction, change “May 6, 2010” to “May 4, 2010”.  Vote was 7-0-1(Lemay).

9.           Wetlands Agent Report:  A brief, verbal report was given by Ms. Bednaz.  She noted that she anticipates an application soon from Eppendorf located on Freshwater Boulevard for an addition to the building.  They may be requesting a special meeting on August 21, 2010 because of a tight time schedule, to accommodate the PZC schedule.

Ms. Bednaz also noted that the approved plans for IW #516 (Sun St. & Play Rd.) are posted on the FTP site.  The permit is approved for 5 years for completion of the project, for both phase I and phase II.

Everything has been completed except the side slopes have not been stabilized past a certain point.  The steep pitch of the slope makes stabilization difficult.

She added that she is normally against the use of culverts for a watercourse but that may be the only option here.  It can be discussed further at the June 1, 2010 meeting with the DPW representative.

10.           Old Business:  None.

11.           New Business:  None.

12.           New Applications to be Received

a.    Applications to be received after Town deadline for Agenda:  None.

13.           Other Business

a.    IWWA Fines Ordinance

b.    IWWA Fee Schedule:  Agency members began discussion of the proposed changes to the current fee schedule.  These have been approved by the Town’s attorney.

Agent Abar left the meeting at 7:51 p.m. and returned at 7:56 p.m.

Ms. Bednaz explained that the proposed fees have 2 schedules.  Schedule A would be base fees, for every application.  Scheduled fees are more specific and are based on the amount of required review and impacts. 

If the applicant plans for fewer impacts, less review will be required, resulting in lower fees.

Fees are structured differently for commercial than for residential.

Ms. Bednaz noted that it seems unfair that it current fees are almost as costly to build a shed as they are for a house.

Agent Nelson noted that the Town Council passed the 2010/2011 budget last night.  It included an increase in building fees of $1.00 per $1,000 cost.  This should help cover some of the review costs.

Agent Maxellon arrived at 7:58 p.m.

Ms. Bednaz stated that building permit fees don’t come into play until a project has been approved by the IWWA, when the IWWA is involved.  There are separate statutes for building, Planning, and IWWA.

Agent Nelson felt it was the Town Council’s intent to help cover these fees.  She would like clarification from the Town’s attorney before a detailed discussion on fees takes place.

Acting Chair Camidge noted that Ms. Bednaz had researched IWWA fees back as far as 1987.  A single family lot fee has increased by $50 since then and the State’s permit fee has gone from $10 to $60.  There has also been the addition of the Agent Approval process and associated fee.

Since 1987, home values have increased 73% and taxes have increase 14%.  She feels that the costs to build haven’t increased but the taxes have.

Agent Nelson noted that building fees have gone up and builders pass these costs on to the buyers.

Acting Chair Camidge feels that the current charges are not fair to “the little guy” who pays as much for a permit for a shed as one does for a house on a lot.  It should be balanced, based on the project being done.

The Agency should not be looking at fees spent on other permits, only IWWA.

Agent Nelson stated that she feels the Agency should get clarification from the Town Council or Town Manager before going further.

Agent Maxellon stated that he recently met with Town Council members and they had indicated that it doesn’t want to make any recommendations and that the Agency should proceed on its’ own.

Agent Albert asked if all building permit fees and IWWA fees go to the Town.

Agent Peruta stated that they are tracked as revenues by department.

Agent Albert stated that he also wants to get direction from the Council.  He can’t see raising fees in this economy – many are barely making it.

Acting Chair Camidge noted that some fees are proposed to be reduced.  Currently, the size of the project doesn’t matter – all pay the same fee.

Ms. Bednaz noted that some towns pass on the actual cost of the required newspaper notices to the applicant.

She gave the example of the recent application XIW-10-04.  Legal notices alone cost approximately $160.  That is without any administrative work or copies being made.

Agent Staples noted that we will never get even with all of the time spent, versus the fees.  We need to welcome companies, not hinder them.

Agent Camidge noted that not all applicants will build.  They may go through the whole process – permit, reviews, etc.. and then decide not to build.

Agent Staples countered that the property owner still has to pay taxes for the property and the taxes paid will increase when the project is eventually built.

Agent Maxellon stated that he would like to see the fees in balance with the size and complexity of the project.  He gave the example of a deck that was recently built on a home on Meadowbrook Drive.  The fees were half of the cost of the actual deck.

He asked Ms. Bednaz to speak with the building inspector, Mr. Taylor, to see how much of the building permit fees are programmed for IWWA.

Ms. Bednaz stated that clarification is needed from the Town Council as to what the increase in the building permit fee will cover.

She also expressed concern over the ability to justify a disparity of fees between departments in case of a lawsuit.

She asked if the Agency members feel it is important to cover base costs by the applicant or by the Town.  Should the fee be adjusted to the size and complexity of a project?

Once these questions are answered, the actual numbers won’t matter.

She likes the proposed fees because they reflect the work being done by the staff.  The current fee structure can remain but she feels it is unfair.

Acting Chair asked if the fees need to be located in the regulations.

Ms. Bednaz stated that this allows the IWWA to amend and adjust them.  If they were not in the regulations, changes would likely need to be approved by a higher body, such as the Town Council.

If they are in the regulations, individual fees can be adjusted during a regular meeting.  State fees can be referenced in the regulations, without an actual dollar amount being stated.

Agent Nelson noted that it was mentioned at a special meeting that the buffer zone for some projects could be adjusted.  This might result in some projects, such as sheds or decks, no longer requiring an IWWA permit.

Ms. Bednaz stated that decks and sheds could be allowed, not closer than 50’.  Certain activities within certain zones could be considered non regulated activities and require no state fee or permit.  She will check with the Town’s attorney on this.

She added, however, that some small lots would still require a permit since the project would still be within 50’ of the regulated area.

Agency members briefly discussed basing a project by square footage instead of the cost of the project.

Ms. Bednaz noted that any changes would have to reference Authorized Agent decisions as well.  And, a newspaper notice of decision would still be required.

Agent Maxellon noted that once the building permit fee increase is explained, the IWWA can decide how to continue with the proposed fee increases.

Agent Peruta asked if it is the consensus of the members to keep moving forward with fee increases, or drop the subject for now.

After polling seated members, the membership was equally divided and Agent Maxellon asked that it be dropped for now.  He requested that Ms. Bednaz ask the building department what their fee covers.

Agent Nelson stated that she would like Ms. Bednaz to check on the possibility of lowering the regulated area to 50’ for small projects.

Ms. Bednaz again noted that this would not help on small lots – they would still have less than 50’ anyway.

c.     IWWA Regulation Revisions:  Agent Maxellon suggested scheduling another special meeting as a workshop for the regulation revisions.

Ms. Bednaz noted that a quorum is not necessary for workshops.  She did suggest that the Agency try to have 2 core members that can attend all workshops so that there will be continuity in discussions.

Agent Maxellon noted that only one or 2 more workshops will likely be required.

Also, as a budget saving measure, the recording secretary will not be required to attend the workshop.

Agent Albert asked that Ms. Bednaz get clarification on the requirement that petition signers be a resident of town.

Agent Abar asked that Ms. Bednaz find out more about the reference to IW126, requiring that all unit owners of a common ownership property be notified of a public hearing.

It was the consensus of the Agency members to hold a special meeting/workshop on Tuesday, May 25, 2010 at 7:00 p.m. in the Town Hall. 

 A motion was made by Agent Nelson and seconded by Agent Abar to table further discussion on agenda items 13a, b, & c to the special meeting of Tuesday, May 25, 2010 at 7:00 p.m.  Vote was 8-0-0.  (Chairman Maxellon was not seated and therefore, was unable to vote.)

d.    Next regular meeting is Tuesday June 1, 2010 at 7:00PM in the Council Chambers.

14.           Adjourn:  A motion was made by Agent Albert and seconded by Agent Staples to adjourn the meeting at 8:46 p.m. Vote was 8-0-0.

Respectfully Submitted,

___________________________

Jo-Marie Nelson, Secretary