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| NORWALK HARBOR MANAGEMENT COMMISSION MINUTES |
CLICK HERE FOR HARBOR MANAGEMENT MAYORS WATER QUALITY COMMITTEE MINUTES
CLICK HERE FOR HARBOR MANAGEMENT APPLICATION REVIEW COMMITTEE MINUTES
AUGUST 24, 2005
ATTENDANCE: Tony Mobilia, Chairman; Henry Palau, Vice Chair; Jason Farrow; Jack
Callahan; Dr. John Pinto; Jose Cebrian; Dick Ramsey.
STAFF: Derick DeMarche, Planning & Zoning.
OTHERS: Geoff Steadman, Consultant; Michael Griffin, Harbormaster; John Hilts.
CALL TO ORDER
The Chairman called the meeting to order at 7:39 p.m.
APPROVAL OF MINUTES
The following changes were made to the minutes of June 22, 2005:
Page 1, Chairman's Report, 1st paragraph, amend sentence to read, "Mr. Mobilia thanked the Commissioners who attended the press conference for the cost sharing agreement at the Maritime Aquarium".
Page 2, Administrative Business, 7th sentence, change "he thanked them for their interest" to read "he thanked the Commission for their interest."
Page 3, Application Review, item 2005-11: City of Norwalk Zoning Commission, 1st paragraph, 1st sentence, change to read, "Ms. Clark said she recommended not to discuss this project since it does not directly fall within the concern of the Harbor Management Commission."
Page 7, Water Quality Committee - D'Andrea, delete 5th sentence beginning, "Mr. D'Andrea received a letter..." in its entirety.
** MR. MOBILIA MOVED TO ACCEPT THE MINUTES OF JULY 27, 2005 AS AMENDED.
** MR. PALAU SECONDED.
** MOTION PASSED UNANIMOUSLY.
CHAIRMAN'S REPORT
Mr. Mobilia reported that he attended a press conference for the signing of the Mid-Harbor Plan into the Master Plan and said it is going to be a big part of the Master Plan. He thanked Mr. Pinto for his involvement and suggestions in representing the Commission in the Mid-Harbor Plan meetings.
Mr. Mobilia also reported that he received an email from Pat Sesko of the Norwalk River Watershed Initiative thanking the Commission for their renewed interest in joining the Initiative. He reported that Ms. Sesko told him the Initiative will not be voting on including a representative from the Commission on the Initiative until March 2006 when they elect their officers, they would vote on the Commission's request at that time. Mr. Mobilia said it was not uncommon for a representative from the Commission to be there because they have always attended the Initiative's meetings and he felt confident that a representative would be able to attend the meetings. He said either Mr. Palau or himself, or Mr. D'Andrea would represent the Commission. Mr. Cebrian said that Mr. Michael Greene also attends the Norwalk River Watershed Initiative meetings periodically. Mr. Cebrian said he attended the Initiative's meeting in July in which they discussed their by-laws. He stated the Initiative amends their by-laws once a year in March and the way the co-chairman described it to the group was that the by-laws provide for twenty members. To increase the number of members required a change in the by-laws. If a representative from the Commission were to sit on the Initiative it would be a new seat, prompting a change in the by-laws. Mr. Cebrian suggested that in the meantime it would be beneficial for someone from the Commission to continue to attend the Initiative's meetings. Mr. Mobilia said if he had enough notice he would attend the meetings in addition to whoever else from the Commission would want to attend.
Mr. Mobilia reported that per the conversation they had at the last meeting regarding Mr. D'Andrea's being thrown off a dock by the dock owner, which prompted a discussion about ID cards for the Commissioners, he had been trying to reach Lt. Randall at the Norwalk Police Dept. Mr. Mobilia said that he and Mr. Palau ran into Lt. Randall earlier that day at City Hall and reported that the City was in the process of changing over from a Polaroid picture to a digitized electronic system in the new police station. Once the new system is up and running Lt. Randall will gladly take the Commission's photos, and Mr. Mobilia will set up an appointment for the Commission to come in as a group.
ADMINISTRATIVE BUSINESS
Letters and comments
Mr. Mobilia reported that letters have been sent out which were agreed upon
at the last meeting, one to the DEP for work at 12 Pine Road which was a favorable
action from the
Commission; to the DEP for work at the East Norwalk Boating & Yacht Club
on Seaview
Avenue, a favorable action; to the DEP to Richard Girouard at 10 Woodland Road,
and on that application the Commission reserves the right to review the application
in the final form after the Shellfish Commission reviews it.
Mr. Mobilia reported on letters that were still under discussion, including a letter to the United States Coast Guard regarding a request for a light on Buoy 28. Mr. Mobilia said he drafted a preliminary letter and said Mr. Griffin was going to draft one as well. Mr. Mobilia stated that, going back in the Commission's records to 2002, a letter was sent from the Commission to the Coast Guard in regard to the lighthouse on Peck's Ledge discussing changing the light, and referred to in that letter was another letter that had been sent from the Commission to the Coast Guard in 1991 when the Coast Guard issued a notice to mariners at that time stating several changes to be made in the harbor and the Sound on different buoys, one of which was Peck's Ledge. He said right at the top of the list was a pending change to Buoy 28 to make it a lighted buoy, and the Coast Guard was seeking public comment on the change. Nothing was done about Buoy 28 and there were ten other items on the list along with Peck's Ledge and Buoy 28 and he was unsure if anything had been done on those items either. Back then nothing was done at either Peck's Ledge or on Buoy 28. Mr. Callahan asked if this was part of the list made when the buoy went down by Green's Ledge and Mr. Mobilia said he thought so. Mr. Mobilia feels that now is the time to pick up the ball and say the Commission is surprised that Buoy 28 had not been changed in either 1991 or 2002 and that this will be the tack and tone of his letter to the Coast Guard. Mr. Farrow asked if Mr. Mobilia still had that notice. Mr. Mobilia said he did not have the notice to mariners but he had a copy of the letter that was sent by the Commission to the Coast Guard in 2002. He stated the current letter was still in discussion and if the Commission wanted to bring it up in committee they could do that and he would show them his draft and they could go from there. He said they also have to decide on whom in the Coast Guard they should direct the letter to. Mr. Griffith suggested they send the letter to the Captain. Mr. Mobilia said they will find out who the correct person would be and direct the letter to that person.
Mr. Mobilia reported that a letter to the Recreation and Parks Department is also in process regarding the Commission and the Harbor Master being notified about events taking place within the harbor. Mr. Mobilia said the reason this letter has been held up is, the Commission has in their plan a statement saying they have a form for such events, and he was going to take this opportunity to make up a form as one has not yet been created.
Mr. Mobilia said the other letter that was supposed to have been sent out was
on the Katherine Gibbs property at 142-144 East Avenue as the Commission has
had some discussions about it and might wish to take it up in the Application
Review part of the meeting. He said the comment to be added which might be outside
of the vote would be the fact that they should be referring to the Mid-Harbor
Plan and the Village District Plan. He felt that the agencies the Commission
is sending their comments to should have this to look at, as it is an important
part of the
Commission's mission, so the letter has been held up until they get the wording
straightened out.
COMMITTEE REPORTS
A. FINANCE - Ramsey
Mr. Ramsey reported that the Commission is solvent. He had what should be the final talleys on the intern program, which came in about $500.00 under budget although he was not sure if that was inclusive. He said it didn't include supplies as he was still waiting for an invoice and approximated the total of that at $1,100.00, but said the total was much improved over last year. He said the Commission has a balance of $22,000.00 in the account now. Mr. Ramsey said there were a couple of invoices coming from Mr. Steadman and one from Mr. Griffin but the Commission was in good shape. Mr. Ramsey said he did not have a written report yet as he has been on vacation but would get one to the Commissioners soon. He reported that the dues have been paid for the Commission's membership to the Connecticut Harbor Management Association and that the Chairman has the certificate, and the City grant has been transferred to the Commission's account, which is in good standing. He reported that Mr. Griffin is almost dead on budget with his contributions and that there is $100.00 left in the David S. Dunavan Memorial Fund. Mr. Ramsey reported that, to date, they have a compilation of $225.00 in interest, which is up from last year.
Mr. Pinto asked if all bills have been paid. Mr. Ramsey said as far as he knows, everything he has received has been paid. Mr. Ramsey said it might be a good idea to have some discussions at some point as to what the Commission might want to do towards raising funds or what allocations they might be looking at doing down the road in the Memorial Fund name. Mr. Mobilia said that they would discuss this as they might want to plan something additional for the center. Mr. Callahan said they might want to include it in the five-year plan. He said that one of the things that he had been talking about with Mr. Griffin and Mr. Steadman was the possibility of having some sort of display at the Dunavan Center such as an explanation of the harbor, an explanation of the Commission, the awards and accolades they have received, photos, etc. Mr. Ramsey said there was money there so if they wanted to, they could discuss possible ways of utilizing it.
B. APPLICATION REVIEW - Clark
Ms. Clark was absent so Mr. Palau reported on the applications. There was nothing requiring a vote at this time.
1. 2005-16: CT DEP Office of Long Island Sound Programs
Notice of intent to create “No Discharge Zone” in Long Island Sound from the
New York border with Greenwich to Guilford, including the Housatonic River in
Stratford. Public hearings will be conducted Sept. 14 & 15 for discussion.
Mr. Palau reported that public comment is being sought. He said there is already an existing “no discharge zone” for untreated boat sewage and that “untreated” is the key word. If they make it an untreated zone then nothing can be discharged, whether it’s treated or pulverized or whatever, but recognizing also that without public support it goes against the tide. He reported that there is going to be a public hearing on September 14 at the Bridgeport Aquiculture School from 2:00 to 4:00 p.m., and at City Hall in Norwalk from 7:00 to 9:00 p.m., and another one on September 15 at the Stamford Senior Center. Mr. Palau stated that during their previous discussion of the matter, they had made the observation that it would be a good idea to wait before making comments until after the public hearings so they could have a sense of what the public felt. He remarked that when he and Mr. Mobilia met earlier that day with the Mayor on another issue, the Mayor brought the matter up. Mr. Palau said the Mayor had an excellent point, it was nice to legislate something like this but that the burden of doing something like this shouldn’t be dropped on the local community without making sure there are adequate pump-out stations. He and Mr. Mobilia thought the Mayor had a good idea and will be sure to include a mention of this during the public hearing.
Mr. Mobilia asked Mr. Griffin who was responsible for paying for the maintenance of something like this, and Mr. Griffin said that the State bears the responsibility. Mr. Griffin said the contract speaks to fixed and planned expenses and reimburses seventy-five cents on the dollar and twenty-five cents on the dollar covers greenhouse services used by maintenance people from Parks and Recreation. He said the City puts no dollars into the maintenance of it, and that if there are any unusual services or emergency reimbursements or upgrades, they go into the next contract cycle. He said the contract also covers reimbursement to staff.
Mr. Griffin stated there is a rumor that another pump-out station has been proposed for Bloom Brothers in the East Basin and said that it seems to be a done deal and will happen. Mr. Griffin said there will be many public hearings coming up and hopes they will include grey water. He said the DEP is focused on various marinas and facilities having their own portable pump-out stations and that a number of smaller pump-outs ought to be available for members. Mr. Mobilia asked if other parts of the harbor have facilities, such as Five Mile River, and suggested that areas like that around the harbor would be a good place to expand the pump-out stations to.
2. 2005-17 44 Yarmouth Road update
RE: CT DEP Certificate of Permission #COP-2004-038-JW for activities at above.
Notice of violation issued.
Mr. Palau said that Mr. Steadman called him on Friday and had been talking with Jeff Westermeyer who would like to have the City to tell him what to remediate on Yarmouth Road. He stated the City of Norwalk has no jurisdiction over anything beyond the high-tide line so the City’s interest is solely on Yarmouth Road. Mr. Palau suggested that the owner elected to do something that involved bureaucracy and bureaucracy doesn’t move quickly, so if it takes time to get an answer, then he’s sorry but that’s how it works. He said he and Mr. Mobilia met today with the Mayor, not as a member of the Commission but as the president of the local homeowners’ association, and asked to get on the Mayor’s calendar as soon as possible. He was able to meet with the Mayor at 1:00p.m. in a meeting which included Mr. Mobilia, and Mr. Palau suggested also including the Director of the Public Works Dept. and the Director of Planning & Zoning. The meeting included the Mayor’s Assistant Ed Schmidt, Mike Greene, Mike Wrinn and Betsy Bain as well. He passed around photos of the Yarmouth Road area, both prior to the construction and after the riprap was installed. He said DEP has issued a written cease work order. Mr. Palau reported that there was no construction equipment remaining on the property and no one walking around. He reported that what will happen is, there will be a letter from the City of Norwalk from the legal counsel and the DEP, copied to the Harbor Management Commission and Public Works, saying that the City of Norwalk owns the area, has no intention of abandoning it, that the owner has performed work without permission and contrary to the City’s regulations and so forth, and at such time as the owner applies to the City for permission to work on, over or around that land, the City will make a decision.
Mr. Palau wanted to know if the Commission needed to respond now. Mr. Hilts said that he has met with the DEP and Mr. Westermeyer and has also lodged a criminal complaint against the owner of the property and his contractor. He said the Statute calls for $200.00 or six months in jail for every bushel of material that they put down below the high water line. He said the DEP is very anxious to get the material out of there as quickly as possible because of the damage it can cause. He said they want an immediate response as soon as possible what the Commission would recommend in terms of how they have to remove the material. Mr. Hilts said it can’t be dug out of there with a backhoe, they have to put somebody down there in the water, put a chain on each piece of rock and lift it from above without putting anything in that could damage the bottom further. He said he also strongly recommended that they make the owner pay for an inspector to keep him honest while the process is going on because the owner has already demonstrated he can’t be trusted. Mr. Hilts says the owner has included lifting each piece of rock into his repair plan but whether the DEP will insist on an inspector he did not know yet. He said that the DEP is very upset with the owner but they are unsure if they have the ability to take criminal sanctions as quickly as the local police can, but were delighted to hear that action was being taken locally.
3. 2004-16 (Con’t) Meeting with Joseph Muro, John Hilts, et al re 5 Seabreeze
Place
Discussion of placement and size of private recreation docks.
Mr. Mobilia said they will put off this discussion until later in the agenda as it was not an action.
4. 2005-12 142-144 LLC & East Avenue Village District changes
Review of guidelines applicable to development in this area.
Mr. Mobilia reported a letter is being written that will incorporate the Village District guidelines and include the Chairman’s comments along with comments from Planning & Zoning and the Zoning Commission. He said that what had been discussed in the Application Review Committee meeting was that this was something that should be made a standard comment when something is within the Village District or Mid-Harbor area since they’ve made plans that have been incorporated into the Mid-Harbor Management Plan and should be taken seriously.
OTHER BUSINESS
C. WEB PAGE/NEWSLETTER - Farrow
Mr. Farrow reported that the web page was ready to go up on the website and that the final updated language regarding revised rules and regulations for moorings, etc. was completed with one small exception that Mr. Steadman was looking into, they just needed the date of the amendment. He reminded the Commission that August 31st was the deadline for submissions for the newsletter and that he would email a reminder to everyone tomorrow.
D. BOATING AND HARBOR SAFETY - Farrow
The Committee did meet several weeks ago to develop an agenda and the three issues that were discussed were the ballfield lights, designated fairways based on traditional uses, and Buoy R28. Regarding the ballfield lights, there was a strong sense in the meeting that in the absence of public pressure about the annoyance caused by the lights and the absence of any complaints about the negative effect on navigation, it was not appropriate for the Committee or the Commission to get out in front of that issue, so it was taken off the table. Regarding the designated fairways, the areas based on traditional uses should be considered in the course of any planned development, starting with the layout of moorings. The Committee decided that to try to define them might cause more problems than it would solve, so that item was taken off the table. Discussion of Buoy R28 reinforced the Committee’s position that the buoy was too small to be really reliably used during the daytime and wasn’t lighted so it was no use at all at night and still represents a dangerous condition. It was determined that both the Committee and the Commission should take a position on Buoy R28, and the meeting ended with the decision that they would do that on the basis of written advice from the Harbormaster to the Commission, based on which the Committee would send a letter to the Coast Guard. Mr. Farrow said it sounds like the Committee has some other means of instigating that other than just a letter to Mr. Griffin based on the 1991 Rules for Mariners and suggested that he and Mr. Mobilia work on that and get it done.
E. WATER QUALITY COMMITTEE – D’Andrea
Mr. D’Andrea was not in attendance. Mr. Mobilia distributed Mr. D’Andrea’s written report to the Commissioners.
Mr. D’Andrea reported on the Water Quality Commission meeting of August 15, 2005. Mr. Mobilia, Mr. D’Andrea, Mr. Pinto and Mr. Harris were in attendance. Committee structure, members and assignments were reviewed and it was agreed not to change the committee until the end of the year. A meeting with the Mayor was scheduled for November to resolve the issue. Intern program costs through August 15th were approximately $7,300.00, in line with the budget. Funding for the 2006 program was discussed. Calibration of the MY Sound probe by J. Schnierlein was performed on August 18, 2005. The probe at the Maritime Aquarium measured water temp at 79 degrees. The DEP has contacted several fishermen to discuss the Manresa cable replacement. Mr. Harris reported no significant improvement in the Norwalk River Watershed water quality, particularly at Moody’s Lane, the old launching area off First Street and the Silvermine Sanctuary area. Monitoring will continue. The Moody’s Lane/Daskam’s Lane area has been posted for no swimming or fishing. Two wastewater spills were reported, one on July 18 of 100 gallons for 30 minutes, thickener, contained; and one on July 19 of 300 gallons for 10 minutes, thickener, approx. 10 gallons escaped to the catchbasin. Neither spill included sewage. Discussion on the storm drain sponge program was held.
Mr. Mobilia asked for comment on the report. Mr. Cebrian said that effluent from the llama farm in Silvermine was still coming down to the Sound and measured ten to twenty times higher than the DEP allows. He suggested that scientific data be taken to the DEP or the Council or the Town of Wilton and said the situation will probably exist until at least 2006. Discussion followed on how to proceed with recommendations for tracking the effluent, measuring data and how to enforce regulations since another town is involved. Mr. Mobilia asked Mr. Cebrian to relay the Commission’s discussion to Mr. D’Andrea when he returns from vacation.
F. PLANS AND RECOMMENDATIONS - Callahan
Mr. Callahan reported that he contacted the Mayor for his selection to the Water Quality Committee. It was determined to put the decision on hold until after the election in November.
G. DREDGING – Pinto and dredging committee (Mobilia, Griffin, Steadman)
Mr. Pinto reported the DEP amended the permit to allow use of backhoes. He stated there has only been two bids, Great Lakes Construction and another company from Southport. Both were excessive and overbid $12 million for the entire project. One company bid on Phase 2 and based on the contract which the Army Corps of Engineers put out it which mentioned that the contractor had to come up with 75,000 cubic yards of cap material for Phase 2, would increase the overall cost.
Mr. Cebrian said that all along there has been a conflict with Phase 2 between the Army Corps of Engineers and their scientific EPA studies and the DEP’s scientific studies. The Corps has always maintained the position that if there was any extra cost for this cap, they would not suffer the extra cost as part of their normal budget cycle, someone else would have to come up with it, the State perhaps. Now the cap has gone from just being problematic as to where it was going to come from to a $2 million dollar problem.
H. WATERFRONT FACILITIES ADVISORY - Griffin
Mr. Griffin reported that the Harbormaster received a total of 611 phone calls during the July/August period. He also reported that progress was continuing on all improvements and installations at the David S. Dunavan Boating Center. The electrical stanchions have been ordered and installation of the stanchions was scheduled to begin shortly.
NEW BUSINESS
There was no new business.
STAFF REPORTS
a. Harbor Master - Griffin
Mr. Griffin reported that there were 14 deposits made to the Harbor Management account totaling $25,215.00 for the year 2005. One deposit was made totaling $805.00 for this reporting period. Sprite Island Yacht Club, Norwalk Yacht Club and Rowayton Yacht Club have all submitted the second half fees paid. There have been 192 total permits to date, 34 new mooring registration fees totaling $1,360.00, 31 late filing fees totaling $310.00, no City code violations, no State statutes violations, five donations totaling $45.00 and eleven reinstatement fees totaling $1,210.00. He reported that the Harbormaster received 611 phone calls during the July/August period. He also reported the NHMC’s 8/04 postage account balance was $119.92.
Mr. Griffin asked the Commission to please act to repair the Harbormaster’s boat to add a GPS system and a laptop computer. He said this could be done for approximately $4,500.00. Discussion followed on the merits of a GPS system for the Harbormaster.
** MR. RAMSEY MOVED TO UTILIZE FUNDS ALLOCATED IN THE 2005-06 BUDGET TO PURCHASE
A GPS MONITORING SYSTEM FOR THE HARBORMASTER’S BOAT, NOT TO EXCEED A TOTAL OF
$4,278.00.
** MR. FARROW SECONDED.
** MOTION PASSED WITH THREE AGAINST (MR. PALAU, MR. CEBRIAN AND MR. PINTO) AND
ONE ABSTENTION (MR. CALLAHAN).
** MR. MOBILIA MOVED TO ACCEPT THE HARBORMASTER’S REPORT.
** MR. FARROW SECONDED.
** MOTION PASSED UNANIMOUSLY.
b. Consultant - Steadman
HM Plan Discussion
Mr. Steadman said he gave the bulk of his report in the earlier discussions although he did report that the railroad is suing the company which owned the barge that ran into the bridge and the barge company is suing the SoNo Wharf, the old Neptune Boat Club, for having the wharf too far out in the Federal channel.
c. Planning & Zoning – Greene/DeMarche
Mr. DeMarche said he had no report at this time.
OTHER COMMENTS
Mr. Mobilia passed out the new 2005 Know Your Town brochures to the Commission members.
ADJOURNMENT
** MR. PALAU MOVED TO ADJOURN THE MEETING.
** MR. CALLAHAN SECONDED.
** MOTION PASSED UNANIMOUSLY.
The meeting was adjourned at 10:30 p.m.
Respectfully submitted,
Linda J. Hayes
Telesco Secretarial Services
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