| NORWALK HARBOR MANAGEMENT COMMISSION MINUTES |
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CLICK HERE FOR HARBOR MANAGEMENT APPLICATION REVIEW COMMITTEE MINUTES
NOVEMBER 30, 2005
ATTENDANCE: Tony Mobilia, Chairman; Dick Ramsey, Treasurer; Henry
Palau, Vice Chairman; Pat Clark, Dr. John Pinto; Jack
Callahan, Jose Cebrian (7:35 P.M.), Tony D’Andrea (8:25 p.m.)
STAFF: Derick DeMarche, Planning and Zoning
OTHERS: Michael Griffin, Harbor Master, John Frank, Shellfish
Commissioner, Brian Griffin, Geoff Steadman, Consultant.
1. CALL TO ORDER
Chairman Mobilia called the meeting to order at 7:31 p.m.
2. APPROVAL OF THE MINUETS
OCTOBER 26, 2005.
The following corrections were noted:
Page 3, paragraph 2, line 3: please change “South Norwalk” to “Washington Street”.
Page 3, paragraph 3, line 1: please change “Huntle to” to “Huntley at”
Page 5, paragraph 2, line 3: please change: “Mayor in December” to “Mayor in
December or when his residency change becomes official.”
Page 6, paragraph 1, line 2: please change “David Carry” to “David Cary”
** MR. PALAU MOVED TO ACCEPT THE OCTOBER 26 2005 MINUTES
AS CORRECTED.
Mr. Cebrian arrived at 7:35 p.m.
STATE OF THE HARBOR MINUTES, NOVEMBER 2, 2005
The following changes were noted:
Page 1, header, line 1: please change “SPECIAL MEETING” to “STATE OF THE
HARBOR MEETING”
Page 1, ATTENDANCE: please remove “John Atkins, Chair,”
Page 1, ATTENDANCE: please remove: “John Frank”
Page 1, GUESTS: please change “GUESTS” to “GUESTS AND SPEAKERS:”
Page, 1, GUESTS: please change “Ronald Spagaudo” to “Ronald Spagnuola” throughout
the document.
Page 1, GUESTS: please change “Jessica Kaplen” to “Jessica Kaplan, Norwalk River
Watershed Initiative”
Page 1, GUESTS: please change “Director Parks and Recreation” to Director, Recreation
and Parks”
Page 1, GUESTS: please add “John Frank, Chairman, Shellfish Commission;”
Page 1, GUESTS: please add “ John Atkins, Water Pollution Control Authority.”
Page 3, paragraph 2, line 2: please change “Peter LePak” to “Sergeant Peter
LePak”
Page 3, paragraph 4, line 1, please change “LePac” to “LePak”.
** MS. CLARK MOVED TO ACCEPT THE STATE OF THE HARBOR
MEETING MINUTES AS CORRECTED.
** MR. PALAU SECONDED.
** MR. PALAU MOVED TO SUSPEND THE RULES TO ALLOW THE
APPLICATION REVIEW TO BE NEXT ON THE AGENDA.
** THE MOTION WAS PASSED UNANIMOUSLY.
5. COMMITTEE REPORTS
a. Application Review
Ms. Clark opened the review by explaining that Application Review met twice in November because of a revised schedule and because a number of applications that will be coming to the Committee. There will be an additional meeting of the Committee on next Tuesday night to review three or four projects that need to be examined.
1. 2005-19: City of Norwalk, Department of Public Works, 125 East Avenue.
This is an Certificate of Permission application to CT DEP to repair Bridge # 04160, located at Wall Street, spanning the Norwalk River. This single span structure carries four lanes of traffic and the proposed work will leave the footprint of the existing structure intact.
** MS. CLARK MOVED TO APPROVE THE APPLICATION #2005-19
TO THE CT DEP BY THE CITY OF NORWALK DEPARTMENT
OF PUBLIC WORKS FOR WORK AT BRIDGE # 01460 AT
WALL STREET INVOLVING REPAIRS TO CONCRETE
CRACKS, NEW WEEP DRAINS AND RAILINGS, AND NEW
CATCH BASINS IS CONSISTENT WITH THE HARBOR
MANAGEMENT PLAN WITH THE FOLLOWING CONDITIONS:
- INSTALL A FILTRATION SYSTEM IN THE CATCH BASIN
USING THE BEST TECHNOLOGY AVAILABLE.
- FILTRATION SHOULD BE MAINTAINED ON A REGULAR
SCHEDULE
WITH THE FOLLOWING COMMENT: “AS NORWALK HAS
SEEN TESTING TO SHOW CONTAMINATION OF THE
HARBOR WITH HEAVY METALS, CAN THE APPLICANT
CONSIDER USING MATERIALS OTHER THAN GALVANIZED
ZINC COATED MESH LOCATED IN THE WEEP DRAINS.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
2. 2005-20: Norwalk Yacht Club, 10 Nathan Hale Road.
This is an application to the CT DEP and the Army Corps of Engineers for modifications to the existing northern dock system and to conduct maintenance dredging and improvement dredging. The application is for work at the same address in the waters of Wilson Cove.
** MS. CLARK MOVED TO APPROVE THE APPLICATION # 2005-20
TO THE CT DEP AND THE ARMY CORPS OF ENGINEERS FOR
MODIFICATIONS TO THE EXISTING NORTHERN DOCK SYSTEM ,
ADDITIONAL ACCESS RAMP, ADDITIONAL 12’ X 180’ FLOAT,
REALIGNMENT OF THE DOCK STRUCTURES, AND TO CONDUCT
MAINTENANCE DREDGING OF 800 CUBIC YARDS TO MINUS 5 FEET
BELOW MEAN LOW WATER, AND NEW IMPROVEMENT DREDGING
OF 10,200 CUBIC YARDS AT THE SAME ADDRESS IN THE
WATERS OF WILSON COVE IS CONSISTENT WITH THE HARBOR
MANAGEMENT PLAN WITH THE FOLLOWING CONDITIONS:
- THE LOCATION OF THE 80 FT WIDE CHANNEL SHOULD BE
DETERMINED AND MARKED BY STATE PLANE
COORDINATES AND RECONCILED WITH THE
COORDINATES MARKING THE NAVIGATIONAL CHANNEL
AS SHOWN ON THE MOORING FIELD PERMIT ISSUED TO
THE YACHT CLUB.
- THE DISTANCE FROM THE PROPOSED RELOCATED AND
NEW FLOATS SHOULD BE SHOWN ON THE DRAWING.
- THE AREAS CONSIDERED “MAINTENANCE” AND “NEW”
DREDGING SHOULD BE SHOWN ON THE DRAWINGS.
- THE APPLICATION SHOULD DEMONSTRATE THAT THE
PROPOSED DOCK EXPANSION IS CONSISTENT WITH ALL
APPLICATION ZONINGS REQUIREMENTS, INCLUDING
PARKING REQUIREMENTS FOR BOATING AND YACHT
CLUBS.
- THE APPLICATION SHOULD BE REVIEWED BY THE
SHELLFISH COMMISSION.
- THE HARBOR MANAGEMENT COMMISSION RESERVES
ITS RIGHT TO REVIEW AND COMMENT ON THE
APPLICATION AT SUCH TIME AS IT MAY GO TO PUBLIC
NOTICE.
WITH THE FOLLOWING COMMENT: “IT IS OUR UNDERSTANDING
THAT ALL OF THE AREA PROPOSED FOR “MAINTENANCE” AND
“NEW” DREDGING HAVE BEEN DREDGED HISTORICALLY.
** DR. PINTO SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
3. 2005-21: Charles Eaton, 20 Point Road, Wilson Point.
This application is to install steps leading to the beach area. There was some
discussion about the application because Mr. Frank was concerned about the location
of the steps and the impact it might have on the shellfish beds. Mr. Franks
stated that there has been an exchange of emails and that he is no longer concerned.
Ms. Clark stated that this item
needs to be tabled pending further information.
4. 2005-22: O&G Industries, 36 Smith Street.
This application is for the repair of damaged wood fendering system, utilizing
replacement
steel piles and fenders. Ms. Clark informed the Commission that normally new
fenders are installed in front of the old ones, but that is not the case in
this instance. The new fenders will replace the old system and not add to the
waterfront encroachment.
** MS. CLARK MOVED TO APPROVE APPLICATION # 2005-22 FOR O&G
INDUSTRIES LOCATED AT 36 SMITH STREET FOR REPLACEMENT OF
DETERIORATING FENDERS WITH STEEL BULKHEAD AND THE
INSTALLATION OF A NEW PILE DOLPHIN IS CONSISTENT WITH THE
HARBOR MANAGEMENT PLAN.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
5. Other Business: Review and Comments.
Ms. Clark stated that this item would be a discussion of new Harbor Management Commission Policy regarding the installation new docks and attached vessels in locations where the structure may rest on the bottom at low tide. The Committee did not have a chance to review this item yet.
3. CHAIRMAN’S REPORT
Annual State-of-the-Harbor Meeting recap
Chairman Mobilia stated that he felt the State-of-the-Harbor Meeting had been well done. It was particularly helpful to have the various agencies involved were talking to one another. Ms. Clark commented that the slide show was excellent.
Nominating Committee 2006
Chairman Mobilia commented that while a nominating committee had been selected at the last meeting, the Commission had not voted on it.
** MR. RAMSEY MOVED TO APPROVE A NOMINATING COMMITTEE OF
DR. PINTO, MR. CEBRIAN, AND MR. D’ANDREA.
** MR. CALLAHAN SECONDED
** THE MOTION PASSED UNANIMOUSLY.
4. ADMINISTRATIVE BUSINESS
Letters and Comments
Only one letter went out this month, to the Planning and Zoning about the Norwalk Yacht Club. This letter referred P&Z to the original letter dated August 23, 2005. There were no additional comments to add.
Chairman Mobilia reported that he had been able to meet with Mayor Moccia along with John, Mike, and Geoff to bring the Mayor up to date on the dredging issues at hand and give him a brief overview of the Commission. Chairman Mobilia said that he and Tony D’Andrea will have another meeting with the Mayor.
Chairman Mobilia stated that he had attended another meeting with Shellfish Chairman Frank with Genia McCarthy, John and Mr. Steadman to review the issue of docks on the shellfish beds. Mr. Frank stated that the process was ongoing and that there was a summary of one approved permits and four permits that were pending. He also explained that he had located some language in the Harbor Management law that is very clear that the Harbor Management Committee decisions are binding on the State officials making reoccurring decisions. Ms. McCarthy had called Mr. Frank today and stated that she was in the process of writing a proper response to his inquiry about this. Mr. Frank stated that there has been resistance from the Office of Long Island Sound over this issue. He feels that the Shellfish Commission will prepare a set of standards that will be used in Norwalk when reviewing a permit. The way the language is in the statute is that the recommendations that the Harbor Commission makes are binding and needs to be factored into the write up of recommendations. Mr. Frank stated that he had done some research on this subject and that the State of Massachusetts has a sizable body of legislation dealing with this issue, down to the spacing of the planks in docks, which is governed locally.
Mr. D’Andrea arrived at 8:25 p.m.
5. COMMITTEE REPORTS (cont.)
b. Finance
Mr. Ramsey reported that the application for the City Grant had been submitted
and that they had increased their request from $5.747.00 to $7,470 because the
contingency fund
has been almost depleted. The final numbers are not yet available, but there
may be a deficient of $1,600 once the final calculations are completed. Mr.
Ramsey explained that the revenue from the mooring fees are turned over to the
City of Norwalk, which in turn, allocates a percentage of those fees to the
Harbor Management Commission as a City Grant.
c. Web Page/ Newsletter
Mr. Farrow was not present to make a report.
d. Boating and Harbor Safety
Mr. Farrow was not present to make a report.
e, Water Quality Committee
Mr. D’Andrea said that the Water Quality Committee did not meet this month. He has a request in for a meeting with Mayor Moccia, but had not heard back yet. He attended a Norwalk River Watershed meeting and learned about invasive plants. There was also a discussion about the responsibility for the Norwalk River. Mr. D’Andrea reported that the overall feeling was that the bulk of the responsibility was felt to rest on Norwalk since the bulk of the river and the harbor are located there. He stated that he had replied that it was not so, and quipped “A moment in your backyard, a lifetime in my harbor.” He also said that he had asked for a copy of the financial report in order to see how much each of the towns were paying towards the project. The chair informed him that only a Committee member could request that, so Mr. D’Andrea will ask Mr. Greene to obtain a copy. Dr. Pinto said that the Maritime Commission sees equal responsibility and equal share for all the towns. It was also stated that the share that Norwalk pays is $7,000 plus an additional intern stipend which is about $7,300, totaling approximately $14,300.
f. Plans and Recommendations
Mr. Callahan stated that there was no report at this time.
g. Dredging
Dr. Pinto distributed the Dredging report to the members of the Commission and reviewed it with them. He stated that the Next Meeting on December 15 is with Edward O’Donnell, the Chief of Navigation of the U.S. Army Corps of Engineers.
In reference to the Norwalk Railroad Bridge Allisions, Dr. Pinto explained that an “allision” is a glancing blow or scraping of a fender and is only defined in maritime law. The Captain of the Port issued a cease and desist order to the barge Eddie Carroll when an allision occurred. Currently there is much discussion going on regarding the damage to the fender and questions about how much damage was done by the Eddie Carroll and how much was done by other vessels transiting the draw. At the present time, the cease and desist order has been lifted.
Harbor Master Griffin explained that in order for Cashman’s dredge equipment to work on Total Marine and Norwest, it would involve disassembling structures at both locations. Another dredge contractor has been located who has smaller equipment which would be able to do the dredge work without any structural changes. It would be significant savings for the City if they were able to work with this portion of the project. There are complicated timing issues with the project, particularly related to the amount of time the CAD cell fill needs to settle before capping.
h. Waterfront Facility Advisory
Harbor Master Griffin stated that he intends to organize a field trip to Milford to see how they have handled their Harbor Management Plan and to consider modifications in Norwalk’s plan.
6. NEW BUSINESS
Mr. Cebrian distributed a chart on GPS use and the various limitations of units. He reviewed the information with the Commission and then passed around a GPS radar reading with a map overlay. After some discussion, he recommended a medium level receiver with map overlays. Mr. Ramsey informed the group that he had calculated the cost of a GPS system into the budget and that this unit would be the property of the Harbor Commission even though it would be installed in the Harbor Master’s boat. Upon further discussion, it was stated that the budgeted amount would cover the GPS system with installation, antenna, mapping chip, laptop and service contract. One concern was that it would be best to buy the best possible of each named item until the cap is reached rather than trying to purchase all the items at the expense of the quality.
** MR. CEBRIAN MOVED TO AUTHORIZE THE COMMITTEE TO
PURCHASE OF A GPS UNIT AND ASSOCIATED ITEMS SUCH
AS AN ANTENNA, MAPPING CHIP, SERVICE CONTRACT AND
POSSIBLY LAP TOP COMPUTER WITH A SPENDING CAP OF $2,600.
** DR. PINTO SECONDED.
** THE MOTION PASSED WITH ONE OPPOSED (PALAU).
7. STAFF REPORTS
a. Harbor Master’s Reports
Harbor Master Griffin distributed his report to the Commission and reviewed the highlights for them. One thing that he did review was the contract with the Federal Government, which states that the participation of the Government is limited to the stated amount and makes no commitment to additional Federal Funds. Should the Federal funds not be available, the Government would notify the City and that would effectively halt the project at whatever stage it happened to be at.
b. Consultant Report
Mr. Steadman said that Ms. McCarthy felt that our new policy was good. The basic policy is that nothing should rest on the bottom as far as a boat or a dock without the special permission of the Harbor Commission. Ms. McCarthy felt that justification should be added to the policy along with some flexibility for the policy.
c. Planning and Zoning
Mr. Demarche stated that there was nothing to report to the Commission.
4. ADMINISTRATIVE BUSINESS (Cont.)
Amendment to Bylaws
Dr. Pinto distributed copies of the proposed amendment to the Harbor Commission Bylaws which deal with submitting names for the Nominating Committee. It was suggested that this also include nominees for the David S. Dunavan Award, appointments of the Harbor Master, Deputy Harbor Master, Harbor Manager and the slate of officers. There was some discussion on these issues before it was agreed by the Commission to vote on it.
** MR. PALAU MOVED TO ACCEPT THE PROPOSED AMENDMENTS
WHICH COVER THE REQUIREMENTS FOR NAMES SUBMITTED TO
THE NOMINATING COMMITTEE.
** MR. RAMSEY SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
8. OTHER COMMENTS
There were no other comments at this time.
9. ADJOURNMENT
** MR. PALAU MOVED TO ADJOURN THE MEETING.
** MS. CLARK SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
The meeting adjourned at 10:50 p.m.
Respectfully submitted
Sharon L. Soltes
Telesco Secretarial Services