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Lake Waramaug Boat Launch Agreement
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JULY 15, 2004

WASHINGTON, CONNECTICUT

PROPOSED LAKE WARAMAUG BOAT LAUNCH AGREEMENT BETWEEN THE STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION AND TOWNS OF WASHINGTON, WARREN AND KENT

The Towns of Washington, Warren and Kent have an opportunity to enter into an historic agreement with the Connecticut Department of Environmental Protection ("DEP") regarding the future of Lake Waramaug. All three towns must authorize the signing of the document in order for the proposed Lake Waramaug Agreement to take effect. The Agreement both insures the continued environmental quality of Lake Waramaug and its shoreline and provides controlled access to non-resident boaters, which heretofore had been denied.

In 2000, under the Connecticut Heritage Lake Program Act, Lake Waramaug was designated Connecticut's first Heritage Lake, wherein it will be the subject of a pilot program for the preservation and enhancement of the value of Connecticut lakes. In making such designation, DEP Commissioner Arthur J. Rocque, Jr. noted that the Department "looked forward to working with the towns to protect and enhance this great environmental asset of statewide importance". The proposed Lake Waramaug Agreement is the result of such efforts, and is consistent with the Heritage Lake Act's language to preserve, protect, and restore the lake and its shoreline.

The adoption of the Agreement will provide an opportunity to work out details of improved environmental protection of the lake and additional public access to its waters. The Agreement balances the continued protection of the lake from destructiveweeds and the preservation of the lake's benefits for future generations with the long-stated desire of the DEP for substantial additional access to the lake by large motorboats---and does this while avoiding the construction of a major motorboat launch at Lake Waramaug State Park.

Lake Waramaug is one of the few major lakes in Connecticut free of invasive aquatic weeds which multiply rapidly, are not possible to control or eradicate effectively, and profoundly diminish the public recreational values of affected lakes. Under a Washington ordinance designed to meet this threat, all motorboats entering Lake Waramaug through the Washington Ramp are required to pass an environmental inspection prior to entry.

Over the past several years, the First Selectmen of the three towns bordering Lake Waramaug have negotiated the terms of the proposed Lake Waramaug Agreement, which will enhance the protection of the lake from invasive species while providing for additional public recreational boat access. Senator Andrew Roraback, a sponsor of the Heritage Lake Act bill that was passed by the state legislature in 1999, played a significant role in facilitating these discussions to protect and preserve Lake Waramaug.

Key provisions of the Lake Waramaug Agreement:

The Lake Waramaug Agreement, which has already been signed by DEP Commissioner Arthur J. Rocque, Jr., will be presented for approval at Town Meetings in Washington, Warren and Kent. The Agreement will take effect upon acceptance by the three towns, following which discussions will begin with Washington Town Commissions and other governmental authorities to determine, with public input, the specific improvements to be made to the Washington Ramp.

The Town of Washington Board of Selectmen voted at its meeting on July 15, 2004 to call for a Special Town Meeting to be held Thursday, September 2, 2004 at 7:30 p.m. in Bryan Memorial Town Hall. The purpose of the Town Meeting is to authorize the First Selectman to sign the Agreement on behalf of the Town. A public information session will be held regarding the Lake Waramaug Agreement on Thursday, August 12, 2004, 7:30 p.m. at Bryan Memorial Town Hall, Washington Depot.

For further information, contact Richard C. Sears, First Selectman (860) 868-2259

c:Press Release July 15.doc


AGREEMENT

This Agreement is entered into by and between the State of Connecticut, acting herein by Arthur J. Rocque Jr., Commissioner of The Department of Environmental Protection ("DEP") and the Town of Washington, acting herein by Richard Sears, its First Selectman, duly authorized, The Town of Warren, acting herein by Jack E. Travers, its First Selectman, duly authorized, and The Town of Kent, acting herein by Dolores R. Schiesel, its First Selectman, duly authorized (collectively the "Towns"), this ____ day of June, 2004, ("Effective Date") to set forth the understanding and agreement between the parties hereto regarding the designation of Lake Waramaug as a "Heritage Lake" pursuant to Section 1 of C.G.S. 22a-339f (the "Act").

WHEREAS, Public Act No. 99-135 (now codified as C.G.S. 22a-339f) created The Connecticut Heritage Lake Program and required the Commissioner of Environmental Protection to designate a lake located in two or more municipalities to be the subject of a preservation program that may serve as a pilot program for the preservation and enhancement of the historic, cultural, recreational, economic, scenic, public health and environmental values of lakes in this state; and

WHEREAS, the Towns have nominated Lake Waramaug for such designation in order to preserve and enhance the unique characteristics of this historic lake for present and future generations of Connecticut residents; and

WHEREAS, the Commissioner of Environmental Protection has designated Lake Waramaug as a Heritage Lake and has committed to work cooperatively with the Towns to preserve the Lake, to protect it from invasive species and to enhance its water quality and shoreline; and

WHEREAS, the DEP and the Towns have reviewed and considered various options relating to recreational boat access and use of Lake Waramaug while recognizing the need to protect and preserve the Lake and its shoreline as contemplated by the Act; and

WHEREAS, the DEP and the Towns recognize the benefits of setting forth certain conditions, responsibilities and obligations in order to provide reasonable access to Lake Waramaug and to assure for the citizens of the State of Connecticut the full benefits of the Heritage Lake Program for Lake Waramaug;

NOW THEREFORE, in consideration of the mutual covenants and conditions herein, the parties, intending to be legally bound, agree as follows:

1. There will be one location for the launching of motor equipped boats and motor equipped personal watercraft (collectively "Motor Boats") onto Lake Waramaug, and it shall be the Town of Washington boat ramp ("Washington Ramp"). Neither the Towns nor the State of Connecticut, nor anyone acting by, through, or as agent of the State, will build, cause to be built, or allow to be built, or operate or maintain any additional public launching facility on Lake Waramaug.

2. All Motor Boats entering Lake Waramaug shall be launched from the Washington Ramp only after they have passed a mandatory inspection for environmental fitness to enter Lake Waramaug. The Town of Washington's (in the singular form "Town") authorized personnel shall perform such inspection.

3. Motor equipped boats that have not greater than twelve (12) horsepower outboard motor, are transported on top of an automobile, or in a van or pickup truck, and whose unloading requires no more than two (2) people ("Car-top Boats") may be launched from the Lake Waramaug State Park ("State Park"), or the Washington Ramp only after they have been inspected for environmental fitness by the Town, and received a sticker evidencing that they are environmentally suitable to enter the Lake.

The Town may from time to time designate alternate personnel to conduct such inspections. During the off-season (prior to the last week in June and after Labor Day) the DEP may at its option provide an alternate inspector to conduct the inspections of Car-top Boats to be launched from the State Park. Such alternate inspectors shall be duly qualified and trained employees of the Department of Environmental Protection for the State of Connecticut.

The inspection of Car-top Boats during the publicly noticed operating season of the Washington Ramp shall be made in accordance with the Inspection Schedule set forth on Exhibit A attached hereto and made a part hereof.

The inspection of Car-top Boats during the off-season and at times other than those set forth in Exhibit A shall be made as follows:

(a) by scheduling an appointment for inspection with the Town whose authorized personnel shall have a publicly available telephone number for such off schedule inspection appointments; or

(b) by scheduling an appointment for inspection with duly authorized personnel of the Department of Environmental Protection whose authorized personnel shall have a publicly available telephone number for such off schedule inspection appointments.

Car-top Boats are not subject to or included as part of the twenty (20) non-resident Motor Boats limitation hereinafter provided for.

4. Not more than Twenty (20) non-resident Motor Boats may be on Lake Waramaug at any given time on any given day. Non-residents for the purposes of this Agreement are individuals not domiciled in, or residential taxpayers of, the Towns of Washington, Warren or Kent.

5. (a) Thirteen (13) non-resident Motor Boat launchings shall be allocated to individuals camping at the State Park subject to the following procedures:

(i) Admission to Washington Ramp. The Town shall admit through the Washington Ramp Motor Boats owned and operated by eligible campers in residence at the State Park during the period of their actual residence. The designation of a camper as eligible for such admission shall be determined by the official at the State Park designated by the DEP and all arrangements for the method and processing of such designation shall be the responsibility of the DEP.

(ii) Certification of Eligibility. The DEP shall deliver to each camper determined by it to be eligible for admission to the Washington Ramp (an "Eligible Camper") a Certification of Eligibility signed by the designated State Park official, identifying the Eligible Camper, setting forth the beginning and ending dates of the Eligible Camper's residence (which shall not be less than two (2) days, a brief description of the Motor Boat, the vessel registration number assigned to the Motor Boat by the state of registration, and the license plate numbers of the vehicle and trailer transporting the Motor Boat. Such Certification of Eligibility must be surrendered to the Town's inspector upon entry of the Motor Boat through the Washington Ramp. The DEP shall coordinate with the Town's inspector the number of such Certifications outstanding at any time so as to be consistent with the limitations stated in Section 5(a)(iv) of this Agreement.

(iii) Compliance with Town of Washington Regulations and Ordinances; Admission Card. No Eligible Camper Motor Boat will be admitted through the Washington Ramp except in compliance with all procedures applicable to residents of the Towns, including hours of Washington Ramp operation, and inspection of the Motor Boat and associated vehicles for the presence of invasive aquatic plant and animal species. The determination of the Town's inspector as to such compliance will be final. Upon admission, the Town's inspector will issue an Admission Card to the Eligible Camper, stating the date and time by which the Eligible Camper must remove his Motor Boat through the Washington Ramp. Such Admission Card must be surrendered to the Town's inspector at the time of such removal. The permitted times of launch and removal shall be determined by the Town with due regard to water and road traffic safety conditions and other matters.

The inspection of all Motor Boats during the publicly noticed operating season of the Washington Ramp shall be in accordance with the Inspection Schedule set forth in Exhibit A, attached hereto and made a part hereof.

(iv) Maximum Number of Eligible Camper Boats. The maximum number of Admission Cards outstanding at any time (the "Permitted Number") shall be thirteen (13). The maximum number of Eligible Camper Motor Boats admitted through, but not yet removed through, the Washington Ramp at any time shall be the Permitted Number. Upon reaching the Permitted Number no subsequent Eligible Camper boat will be admitted until a previously admitted Eligible Camper Motor Boat has been removed through the Washington Ramp and the applicable Admission Card surrendered to the Town's inspector.

(v) Launch Fee. Each resident and non-resident launching a Motor Boat or a Car-top Boat utilizing the facilities of the Washington Ramp shall be required to obtain an annual permit, the fee for which shall be $25.00. In addition, an inspection fee of $5.00 shall be payable at the time of each launch by the holders of annual permits. All fees shall be payable in cash or by check payable to "Town of Washington" at the time of launch. All fee income shall be dedicated to activities relating to the Washington Ramp and the Lake. The Town may assess reasonable fee changes in the future.

(vi) Mooring of Boats; Parking of Vehicles. All Eligible Camper Motor Boats shall be moored at the State Park at a numbered buoy (1-13). All vehicles of Eligible Campers must be returned to and parked at the State Park immediately following the launch of the Eligible Camper Motor Boat. No such Motor Boat may be moored, nor any such vehicle parked, at the Washington Ramp or the Washington Town Beach. Unauthorized use of a mooring will result in a removal of the Motor Boat or Car-top Boat from Lake Waramaug and the Eligible Camper or boater being banned from receiving an Admission Card for the remainder of the annual boating season on Lake Waramaug.

(vii) Cooperation. The DEP (and its designated officials at the State Park) and the Town of Washington (and its inspectors at the Washington Ramp) will cooperate in the administration of this program in order that it may be administered effectively and efficiently with due regard for water and road safety and consistent with the Heritage Lake designation.

(b) The remaining seven (7) non-resident Motor Boat launchings will be permitted on a first come basis to day boaters, subject to the inspection and admission provisions in force for all boats launched at the Washington Ramp, including payment of the fee provided in section 5(a)(v). Upon reaching such number of non-resident Motor Boat launchings, no additional day Motor Boats will be admitted onto the Lake until a previously admitted day Motor Boat has been removed through the Washington Ramp.

6. The Town of Washington will be responsible for the personnel and equipment necessary or appropriate to conduct the environmental inspections of Motor Boats with the costs thereof to be allocated among and by agreement of the Towns. The cost of the marine patrol provided by the Towns shall be borne by the Towns through the Lake Waramaug Authority.

7. All non-resident Motor Boats and motor boaters shall be bound by all present and future rules and regulations concerning boating activity on Lake Waramaug as the Towns may promulgate from time to time. Failure to comply will result in the loss of boating privileges for the balance of the boating season.

8. The DEP and the Towns agree to provide each other with existing scientific data and information relating to Lake Waramaug, its shoreline and watershed area, as appropriate.

9. The DEP shall designate a specific agency representative to facilitate on-going communication and interaction with the Towns' First Selectmen.

10. The DEP and the Towns shall cooperate and coordinate activities and resources to preserve, protect and restore Lake Waramaug and its shoreline in accordance with the provisions of the Act. Such activities shall include, but are not limited to, the prevention of the introduction of invasive aquatic and animal species to Lake Waramaug.

11. (a) Subject to the provisions of this Agreement and within available funding, the Town of Washington shall be eligible for a $100,000 grant-in-aid ("Grant") from the DEP for the purposes of improvements to the Washington Ramp.

(b) Said Grant shall be in the form of a separate grant-in-aid Agreement between the DEP and the Town of Washington. To obtain said Grant, the Town of Washington shall file a grant request with the Commissioner of DEP and agree to the terms and conditions required by the DEP for receipt of such grant, provided however that nothing herein shall require or compel the Town to accept the Grant if the parties cannot agree upon the terms and conditions of the grant-in-aid Agreement. Further, it is specifically agreed that the terms and conditions of any grant will not alter or contravene the terms of this Agreement. The grant request shall detail the Washington Ramp improvements to be funded by the Grant and the estimated cost of such improvements.

(c) The grant-in-aid Agreement shall specify the terms and conditions under which the Town of Washington shall receive funds for the improvements to the Washington Ramp.

Such terms and conditions shall include but not be limited to:

(d) Subject to and conditioned upon the Town of Washington receiving the Grant hereinbefore set forth, within twenty-four (24) months of the date the Town has entered into a binding commitment with the State of Connecticut DEP for the Grant, and has obtained all necessary approvals from local, state, and federal authorities, including Town of Washington ordinances ("Construction Commencement Date"), the Town, shall implement the construction changes to the Washington Ramp. If, while exercising due diligence, the Town is unable to complete such construction within such period, the Town shall be entitled to an automatic extension of an additional twenty-four (24) months within which to complete such construction. The construction changes to the Washington Ramp are depicted on Exhibit B attached hereto and made a part hereof.

(e) In the event the Town of Washington does not obtain all necessary local, state and federal approvals and permits and approval of all funding, including, but not limited to, the Grant hereinbefore set forth, for the construction of the Washington Ramp within twenty four (24) months of the date of the signing of this Agreement ("Approval Period"), this Agreement at the option of either party may be terminated by written notice and upon receipt of such notice this Agreement shall be deemed null and void and of no force and effect; provided however, that if the Town of Washington has proceeded with due diligence to obtain such necessary approvals and permits, but has not obtained all such approvals and permits within such twenty-four month period, it shall be entitled to an automatic extension of an additional twelve (12) months to obtain such approvals and permits.

(f) In the event the Town of Washington fails to reconstruct the Washington Ramp within the forty-eight (48) month period following the Construction Commencement Date ("Construction Period"), this Agreement at the option of either party may June be terminated by written notice and upon receipt of such notice this Agreement shall be deemed null and void and of no force and effect.

12. During the Approval Period and the Construction Period, the launching of non-resident Motor Boats onto Lake Waramaug pursuant to Section 5 shall be phased in as follows. The Permitted Number shall be five (5) upon the signature of all parties to this Agreement and shall be thirteen (13) upon the signing by all parties of the binding commitment of the Grant referred to in paragraph 11(a). No launchings under Section 5(b) will be permitted during the Approval Period and the Construction Period.

13. It is the intention of the parties to this Agreement, inter alia, to assure that individual campers at the State Park shall continue to have reasonable access to the Park's camping and boating privileges. Accordingly, this Agreement may, for due cause shown, upon petition of any party to the Agreement, be reviewed after five (5) years from the date of completion of all construction changes to the Washington Ramp.

Notwithstanding any other provision to the contrary however, the terms of this Agreement shall not be changed or modified without the unanimous written consent of all the signatories (or their successors) to this Agreement. In the event that one of the parties hereto wishes to propose a modification hereof, it shall do so by a written notice to the other parties, whose unanimous written consent shall be required to adopt said modification.

14. This Agreement shall terminate fifty (50) years after the Effective Date of this Agreement.

15. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns.

Remainder of this page intentionally left blank;

Signature page and acknowledgments to follow.

In witness whereof, the parties hereto have executed this Agreement on the ____ day of June, 2004.

STATE OF CONNECTICUT DEPARTMENT OFENVIRONMENTAL PROTECTIONby Arthur J. Rocque, Jr. CommissionerTOWN OF WASHINGTONby Richard Sears First SelectmanTOWN OF WARRENby Jack E. Travers First SelectmanTOWN OF KENTby Dolores R. Schiesel First SelectmanSTATE OF CONNECTICUT )

) ss. Hartford June _____, 2004

COUNTY OF HARTFORD )

Before me, the undersigned, this _____ day of June, 2004, personally appeared Arthur J. Rocque, Jr. known to me to be the Commissioner of the State of Connecticut Department of Environmental Protection and that he as such Commissioner, signer and sealer of the foregoing instrument, being authorized so to do, acknowledged the execution of the same to be his free act and deed individually and as such Commissioner, and the free act and deed of said State Agency.

In Witness Whereof, I hereunto set my hand.

_____________________________________

Commissioner of the Superior Court

Notary Public/ My Commission Expires:

STATE OF CONNECTICUT )

) ss. June _____, 2004

COUNTY OF LITCHFIELD )

Before me, the undersigned, this _____ day of June, 2004, personally appeared Richard Sears known to me to be the First Selectman of the Town of Washington and that she as such First Selectman, signer and sealer of the foregoing instrument, being authorized so to do, acknowledged the execution of the same to be her free act and deed individually and as such First Selectman, and the free act and deed of said Town of Washington.

In Witness Whereof, I hereunto set my hand.

_____________________________________

Commissioner of the Superior Court

Notary Public/ My Commission Expires:

STATE OF CONNECTICUT )

) ss. June _____, 2004

COUNTY OF LITCHFIELD )

Before me, the undersigned, this _____ day of June, 2004, personally appeared Jack E. Travers known to me to be the First Selectman of the Town of Warren and that he as such First Selectman, signer and sealer of the foregoing instrument, being authorized so to do, acknowledged the execution of the same to be his free act and deed individually and as such First Selectman, and the free act and deed of said Town of Warren.

In Witness Whereof, I hereunto set my hand.

_____________________________________

Commissioner of the Superior Court

Notary Public/ My Commission Expires:

STATE OF CONNECTICUT )

) ss. June _____, 2004

COUNTY OF LITCHFIELD )

Before me, the undersigned, this _____ day of June, 2004, personally appeared Dolores R. Schiesel known to me to be the First Selectman of the Town of Kent and that she as such First Selectman, signer and sealer of the foregoing instrument, being authorized so to do, acknowledged the execution of the same to be her free act and deed individually and as such First Selectman, and the free act and deed of said Town of Kent.

In Witness Whereof, I hereunto set my hand.

_____________________________________

Commissioner of the Superior Court

Notary Public/ My Commission Expires:

EXHIBIT A

Spring - Ramp opens 3rd Saturday in April until last week in June -

Saturday: 6:00 a.m. to 11:00 a.m.; 4:00 p.m. to sunset

Sunday: 6:00 a.m. to 11:00 a.m.; 4:00 p.m. to sunset

Wednesday: 6:00 a.m. to 11:00 a.m.; 4:00 p.m. to sunset

Summer - Last week in June until Labor Day -

Monday: 6:00 a.m. to sunset

Tuesday: 10:00 a.m. to 5:00 p.m.

Wednesday: 10:00 a.m. to 5:00 p.m.

Thursday: 10:00 a.m. to 5:00 p.m.

Friday: 6:00 a.m. to sunset

Saturday: 6:00 a.m. to sunset

Sunday: 6:00 a.m. to sunset

Fall - After Labor Day until last Sunday in October -

Saturday: 6:00 a.m. to 11:00 a.m.; 4:00 p.m. to sunset

Sunday: 6:00 a.m. to 11:00 a.m.; 4:00 p.m. to sunset

Wednesday: 6:00 a.m. to 11:00 a.m.; 4:00 p.m. to sunset


Web page last updated: July 15, 2004