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HARBOR MANAGEMENT COMMISSION
JANUARY 26, 2005

ATTENDANCE: Dr. John Pinto, Chairman; Tony Mobilia, Vice-Chair;
Richard Ramsey, Treasurer, Jack Callahan, Pat Clark
STAFF: Derick DeMarche, Mike Griffin, Harbormaster, Geoff Steadman, Consultant
CALL TO ORDER
Dr. Pinto called the meeting to order at 7:45 p.m; he noted the absences of Mr. D’Andrea, Mr. Cebrian, Mr. Palau and Mr. Farrow.
APPROVAL OF MINUTES-DECEMBER 15, 2004
** MS. CLARK MOVED APPROVAL OF THE MINUTES OF
DECEMBER 15, 2004.
** MR. CALLAHAN SECONDED.
** MOTION PASSED UNANIMOUSLY.
CHAIRMAN’S REPORT
a) Status of Deputy Harbormaster appointment by governor.

Dr. Pinto said the Deputy Harbormaster job is up in the air. He said they were hoping to get a decision soon. Mr. Griffin questioned how significant the list of 20 has gone down. He asked whether this was a statewide problem or issue. A lot of things are being delayed. Dr. Pinto said he had been in touch with Mr. Geary in order to move things along. Mr. Ramsey asked whether it was possible that no one would be reappointed. Dr. Pinto said yes.
b) December 22 meeting with City and State Congressional reps. regarding dredging issues at City Hall.

Dr. Pinto said a meeting was held on December 22nd for all of the state representatives. The meeting went well. An overview of the situation as it stands and the importance of the Norwalk harbor, and what has to be done to get the dredging project done. There were many hurdles they had to get through before dredging could commence. All of the representatives were sent a overview of what is expected of them.
City of Norwalk Harbor Management Commission January 26, 2005 1
c.) CHMA Initiated meetings with Transportation Strategy Board (Jan 21st) and DEP Commissioner (Jan 22nd) outcome and issues.

According to Dr. Pinto, he and Mr. Steadman had the opportunity to meet with the Transportation Strategy Board. He said they had managed to get on the agenda for March, in order to bring the dredging dilemma to their attention and discuss issues of increased truck traffic on I95 that would replace barge deliveries. Dr. Pinto said the State has an interest in establishing a maritime authority. If dredging is delayed, truck traffic would increase. He stated that he had met with the new DEP commissioner. Joel Severance, President of Conn Harbor Management Association, requested to meet with the new DEP Commissioner hoping to discuss four items on with her: 1] dredging, 2] receiving application reviews to Harbor commissioners in a timely manner, 3] Under what State agency would harbormasters be placed, 4] and the fact of where additional funding for the harbor commission can come from. Ms. McCarthy was very receptive of what everyone had to say. She expressed an interest to come down to Norwalk; Dr. Pinto suggested providing a tour of Maritime Aquarium and the harbor.
d.) January 24th meeting in Washington, D.C. with Federal Delegation (Senator Lieberman’s office).

Per Senator Lieberman, there has been a request to attend a meeting in Washington. Dr. Pinto said the meeting was postponed and rescheduled for February 4, 2005 due to inclimate weather.
e.) Meeting January 27th: Update of Dredging Issues with stakeholders, local businesses and boat clubs.

Dr. Pinto stated that there would be a meeting regarding dredging issues taking place tomorrow. Mr. Griffin said all Commissioners were welcome to attend the meeting. He, Dr. Pinto, and Mr. Steadman would review the dredging issues with boat club owners, businesses, and other stakeholders in the dredging process.
f.) Harbor Commission’s City Grant Application

Dr. Pinto said he had attended the Financial Committee meeting on January 18, 2005 to discuss the funding issue. $2,000 over last year request had been discussed. He said he and Mr. Ramsey put up a good argument, but did not get much comment or feed back from the finance committee.
g.) Commission donation of aerial photos-view of Norwalk Harbor to Mayor’s Annual Ball.

Dr. Pinto said there were two enlargements of aerial photos of the harbor which was provided as a fund raiser at the Mayor’s Ball. Half the proceeds will go towards the David S. Dunavan boating center account.
City of Norwalk Harbor Management Commission January 26, 2005 2
4.) Commission Administrative Business
Mr. Griffin said he was willing to bring a check to double the amount donated from the Mayor’s Ball in memory of Mr. Dunavan.
b.) Proposal to make aerial views of harbor available to public with proceeds going to D.S. Dunavan boating center account
Dr. Pinto said there was a proposal to make the aerial photos open to the public. Mr. Mobilia said he would look into that. Mr. Griffin said he wondered whether there was possibility of having someone speak to the power squadron or the coastguard auxiliary to see whether they would be interested in sponsoring the program. Dr. Pinto said he was hoping someone would send in a request for an aerial view of the harbor and the proceeds would go to the David S. Dunavan Boating Center. Mr. Steadman said this would be going to a separate fund. Mr. Mobilia stated that the fund was set up as a non-profit. Advertisement for photo request would be put in the Newsletter. January 31st would be the deadline.
Dr. Pinto asserted that the matter should be tabled for further thought and discussion. The photos are excellent and would be expected to be in great demand. They will be vended through the Harbor Commission. Mr. Griffin asked what deficit existed in the D S. Dunavan account. Mr. Ramsey said $450 are need to cover outstanding bills, assuming that all the invoices are in. Mr. Griffin questioned whether they were trying to raise the revenue beyond the break-even point. Dr. Pinto said this was the intent of the fund that was set up. This was managed through the harbor commission for special needs. The photos are thought to be a means to generate additional revenue.
a.) Harbor Management Plan Status

Dr. Pinto said a line-by-line outline of the points needed to be submitted to Marcy Balint. Mr. Steadman said all the information had been sent out.
c.) Final nominations and voting on Harbor Commission Officers.

Mr. Callahan submitted a handout.
** MR. CALLAHAN MADE A MOTION TO HAVE THE FOLLOWING
SLATE OF OFFICERS FOR 2005 VOTED IN:
1.) CHAIRMAN: ANTHONY MOBILIA
2.) VICE CHAIRMAN: HENRY PALAU
3.) SECRETARY: TONY D’ANDREA

** MR. RAMSEY SECONDED.
** MOTION PASSED UNANIMOUSLY.
City of Norwalk Harbor Management Commission January 26, 2005 3
Mr. Griffin thanked Dr. Pinto for all of his guidance and support. Mr. Mobilia thanked everyone for putting their faith and trust into him. He said he had hoped he could count on everyone for their help and support. Mr. Mobilia said he would not fail anyone.
5.) Committee Reports
a.) Web Page/Newsletter-Mobilia

Mr. Mobilia stated that he was trying to get the Newsletter together. He said he would need the articles from each commission within the next few days. The website will be corrected.
b.) Finance-Ramsey

Mr. Ramsey said he was hoping to get fees increased. The $13,228 from last year carried over to this year. He stated that the commission appeared to be spending more than they are bringing in. If the requested grant is received, they can go from there. Mr. Ramsey said they would be keeping tight reigns on water quality. He said Water Quality finances were well over the budgeted amount. The issues were primarily with salaries. Mr. Ramsey stated that he did not have last year’s salary inquiries. Everything else was pretty much in accordance with the budget with regard to revenue and expenses. Dr. Pinto said he hoped to get good news from the Finance Department. Mr. Mobilia asked whether most of the expenses were in personnel. Mr. Ramsey said yes. Mr. Mobilia asked if this was because of the hourly rate. Mr. Ramsey said it could have been because of the hourly rate. He said he thought the Health Department took a larger share. There are other issues. State funding to the Norwalk River Watch/Harbor Watch has been decreased. Ms. Clark asked whether anyone knew why the funding was lost. Mr. Ramsey said no. According to Dr. Pinto, the State felt they had accrued enough information to come up with a plan. Funding for those types of projects were limiting.
Mr. Steadman said there had been talk of looking into a new source of funds. With regard to Boating registration fees, he said they needed to look into this with the Norwalk legislators. He said they have never pursued that. The Chairman should address other issues of concern.
Mr. Griffin said that one of the representatives from the 122nd district put forth a proposal for new State statutes as they pertain to fees. The information has been emailed to Dr. Pinto. He said Bob Sammis had emailed him back and told him how to get in touch with the representatives. The language in the proposal did not focus in on what it was trying to accomplish. Mr. Griffin said he did not really know what the initial intentions of the new bill were. He said the next step was to go with Representative Miller with regard to the sharing of municipalities. Mr. Steadman said the intent seemed to be taking from the boating fund and directing it towards the harbormaster. Mr. Griffin suggested a modification of the language. Dr. Pinto said the City of Norwalk receives yearly $126,000 from Boater registration fees that goes into the City’s general fund. There may
City of Norwalk Harbor Management Commission January 26, 2005 4
be a need to revisit the tax base from which this amount is drawn. Mr. Ramsey said this was a two-fold legislative process. Per Mr. Griffin, if the increase is 10%, perhaps the Harbor Commission could get a percentage with the understanding that they would eventually be revenue neutral. He said there might be a time where the commission would be unable to receive grants. He added that they needed to see money coming from somewhere other than the city’s budget.
Dr. Pinto said Norwich and Milford get a total amount of their allotment, which goes to the City’s Harbor commission. Mr. Callahan said Norwalk should get money to run the harbor in a similar fashion. Mr. Ramsey said the harbor is a tremendous asset to the town. Dr. Pinto said the Finance Committee needed to raise the mooring fees. He mentioned to the City’s finance committee that the commission has done everything that has been suggested of them in previous years. He said the Commission has spent down its contingency funds. Mr. Callahan said the harbor has come a long way. Ms. Clark affirmed that the harbor is clearly seen as a cornerstone of both developments. She said we all must work to maintain the harbor. Mr. Griffin said the goal of the Commission should be for entities to eventually be revenue neutral. He said commission should continue to improve and rebuild.
c.) Application Review-Clark

2005-01: Sono Wharf, LLC c/o Keith Brown, 261 Wilson Ave. Norwalk COP
Application to CT DEP & to ACOE for maintenance dredging at 11 Goldstein Place, East Norwalk. The site is a commercial marina for recreational boating with upland structures for boat repair & storage, and parking. There is a vertical timber bulkhead along the waterfront with 4 ramps leading to floating dock system. Silting in the area has reduced the depth to levels of 2-6 feet at MLW, impacting water-dependent usage. The area abuts the southern side of the railroad bridge. Proposed work will be conducted by barge-born crane with clamshell bucket, with removal of approximately 3,000 cu yds to a depth-6ft below MLW. One additional foot of overdredge will be allowed. Dredged material will be loaded onto a barge for water disposal at either Western or Central Long Island Sound sites.
Ms. Clark said she had looked at the property in great detail. She said it was used for boat repair and storage. The area is located at the east side of the river. Referring to a map, Ms. Clark stated that a barge-born crane would do the proposed work. According to the map, there are no known shellfish concentrations in that area. The spawning habitats will be protected. The four main docks will be removed during the dredging work and returned to a distance from the outer dock to the channel line that appears to less than ten feet from the channel, which is not referenced in the paperwork. The four conditions of approval are as follows:
1.) All in water structures be properly permitted.
2.) All in water structures from this property be removed prior to the maintenance and dredging, and be reinstalled in their dually permitted locations.

City of Norwalk Harbor Management Commission January 26, 2005 5
3.) The as-built survey is provided post dredging.
4.) The proposed plan drawing should show the distance between the existing marina structure and the federal channel line.
5.) No vessel shall be birthed at this in water facility structure that would encroach upon the federal line and the 10-foot set back from the Federal navigation project.

Mr. Steadman said the dimensions in the previous permit application were not shown. He said they needed the permit drawings to show the federal channel line and the existing structures accurately. Mr. Griffin said they should respectfully request that the policy is taken in consideration. Ms. Clark said the cover letter would reference the policies.
Graham Bluff Realty, proposed work in Wilson Cove Public hearing in Rowayton, January 19th, Update
Ms. Clark said the applicant has reduced the scale of the dock. The revised proposal was consistent to the Harbor Management plan. The funding is contingent upon all land use requirements met with the city of Norwalk. The public hearing was held in Rowayton last week. The presiding DEP officer was very knowledgeable and experienced at this. She is also an experienced attorney. The applicants made a brief and precise presentation. Mr. Tom Law from Docko Inc. gave a brief overview. On behalf of DEP, Mr. Jeff Westermeyer gave a presentation. Many Rowayton residents made comments for the record. Mr. Westermeyer read the motion from the Harbor Management Commission into the record and stated that the DEP takes the Harbor Management Commission’s recommendations quite seriously. The conditions of the City Land use requirements are still there. The applicants could end up with a permit to build the dock, though the City Land Use Committee may not permit it.
Mr. DeMarche said the biggest problem was that it is a private dock. Ms. Clark said it is for use of the employees in the corporation, and the language clearly states this. A letter with the stated condition and the motion was sent to the Connecticut DEP last year. According to Ms. Clark, the question to be raised is the usefulness for the commission to send the conditions directly to Planning and Zoning. Mr. DeMarche said they should go ahead and send a direct letter. Mr. Steadman also said they should send a formal letter to the DEP. He said they could resubmit the same letter in response to the public notice and cc it to Mike Green, Director of Planning and Zoning.
** MS. CLARK MOVED TO HAVE A LETTER CONSISTENT WITH
PLANNING AND ZONING, SENT TO DEP.
** DR. PINTO SECONDED.
** MOTION PASSED UNANIMOUSLY.
Ms. Clark said the decision would be posted on the website. All comments should go to Jeff Westermeyer. Mr. DeMarche questioned what the general public comments were. Ms. Clark said most of the comments were with regard to land use issues. She said that according to Bob Duff, stringent guidelines should be put forth in order to ensure the
City of Norwalk Harbor Management Commission January 26, 2005 6
privacy of the residents, if the decision is favorable. Mr. Griffin told Ms. Clark that she does an outstanding job with the projects.
d.) Boating & Harbor Safety-Farrow

There was no report to be presented at this time.
e.) Dredging- Pinto and dredging committee (Mobilia, Griffin, Steadman)

Dr. Pinto said he would be following up on the discussions in Washington with Senator Lieberman with regard to the dredging issues (i.e. needs, funding etc.). Mr. Steadman said they needed to get the disposal site in use. If Connecticut and New York agree to come up with a coastal management plan, the Central Long Island sound site may be designated. Mr. Griffin said that dredging in Connecticut was hard to accomplish. He said the burden might need to be placed on the state. The DEP stood firm on the details of the project. Mr. Griffin said a letter could possibly be drafted as two separate projects. The first phase might not need capping at all. According to the USACE and EPA, the dredged material from most of Norwalk harbor is still suitable for open water disposal.
f.) Mayor’s Water Quality-D’Andrea

Dr. Pinto read Mr. D’Andrea’s report into record. He stated that there were no readings from the MYSOUND Probe that were out of the ordinary and the work still continues.
g.) Plans & Recommendations-Callahan

There was nothing to report at this time.
h.) Waterfront Facilities Advisory-Griffin

Mr. Griffin asked the commission to consider allowing him to continue on as the Waterfront Facility Advisory Chair. He also asked for consideration to have Dr. Pinto continue to be a part of his committee, as well as continue on the Norwalk city taskforce. Mr. Mobilia said Dr. Pinto could continue on if he wished to do so. He said he hoped Ms. Clark would also continue her current position as Chairperson of the Application Review Committee. She said she would be honored to do so.
6.) New Business
Mr. Callahan said the Fire Department offered them space for storage of archived documents from the Commission.. Mr. Mobilia said he would give them a call.
7.) Staff Reports
a.) Planinng and Zoning-Greene/DeMarche

City of Norwalk Harbor Management Commission January 26, 2005 7 City of Norwalk Harbor Management Commission January 26, 2005 8
Mr. DeMarche stated that Walter Briggs had written a letter regarding new committee structure for Heritage Park. If anyone has any comments, they need to get in touch with Dori Wilson. The latest contact list has been included. Dr. Pinto said that several updates were needed. Mr. Mobilia said he would make the changes. Mr. DeMarche said a 2005 meeting schedule of all the commissions was available.
b.) Harbormaster’s Report-Griffin

Mr. Griffin stated that he had sent an email in regards to the 2004 Summary. He read parts of the summary into record. He said they were $1,612 ahead in the revenue. They are $120 ahead in new mooring registration fees. Mr. Griffin said they were $110 ahead in one reinstatement fee. He said there was a vessel that was abandoned, removed, and put in coast management. He stated that he was able to track down the owner and send him a certified letter. There is no permit for Mr. Evans, who is the applicant for 11 Seaside Place. The Seaside property belongs to Mr. Lebray and read an email from him into the record. The floats had to be removed to be above the tide line. An informational meeting on water dependent users will take place January 27th.
** DR. PINTO MOVED TO ACCEPT THE HARBORMASTER’S REPORT.
** MS. CLARK SECONDED.
** MOTION PASSED UNANIMOUSLY.
c.) Consultant-Steadman

There was nothing to report at this time.
** MR. RAMSEY MOVED TO ADJOURN.
** DR. PINTO SECONDED.
** MOTION PASSED UNANIMOUSLY.
As there was no further business, the meeting was adjourned at 10:30 p.m.
Respectfully Submitted,
Michelle Joseph
Telesco Secretarial Services

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