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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
MARCH 29, 2006
ATTENDANCE: Tony D’Andrea, Acting Chair; Patricia Clark; Jason Farrow; Michael
Griffin, Norwalk Harbormaster; Brian Griffin, Assistant to Harbormaster; John
Pinto; Jack Callahan; Dick Ramsey; Jose Cebrian (7:50).
STAFF: Geoff Steadman; Derick DeMarche, Planning & Zoning
OTHERS: John C. Romano.
1. CALL TO ORDER
Mr. D’Andrea called the meeting to order at 7:35 p.m.
Mr. D’Andrea introduced Mr. John C. Romano, the newest Commission member, who was observing the meeting this evening. Mr. Romano will be taking over the remainder of Mr. Ramsey’s term beginning in April.
Mr. D’Andrea stated that Mr. Mobilia was unable to attend the meeting this evening, but Mr. Mobilia had asked him to express his personal thanks as well as the thanks of the rest of the Commission for Mr. Ramsey’s efforts during his time of service, and for his extra effort for stepping in when Mr. Dunavan passed away.
2. APPROVAL OF MINUTES FROM JANUARY 28, 2006 MEETING
January 25, 2006 minutes
February 22, 2006 minutes
** MR. CALLAHAN MOTIONED TO ACCEPT THE MINUTES OF THE MEETINGS OF JANUARY 25,
2006 AS REVISED; AND FEBRUARY 22, 2006 AS WRITTEN.
** MS. CLARK SECONDED.
** MOTION PASSED UNANIMOUSLY.
3. CHAIRMAN’S REPORT
Administrative Business – Letters and comments
Mr. D’Andrea gave the report for Mr. Mobilia. Mr. Mobilia attended a meeting last month in regards to the repairs of the Metro-North bridge, which Mr. Griffin will elaborate on in his report. He also attended the annual meeting of the Norwalk River Watershed and presented the case for wanting a seat on the board for the Norwalk Harbor Management Commission, which the majority of the Watershed thought it was a good idea. However, they tabled the motion until the April meeting so they could discuss among themselves whether a municipality could have two seats within their by-laws. Mr. D’Andrea said it looked good for the NHMC getting a seat on the board.
Mr. D’Andrea said that Mr. Steadman and Mr. Mobilia sent out all the dredging funding letters for the Mayor to Senators Dodd and Lieberman and Congressmen Shays and DeLauro.
Mr. D’Andrea announced that there will be a dinner given by the Norwalk Seaport Association honoring Mr. Michael Griffin, Harbormaster and Connecticut Attorney General Richard Blumenthal. He has information for anyone on the Commission who wishes to attend.
Mr. Cebrian arrived at the meeting at 7:50 p.m.
4. COMMITTEE REPORTS
a) Finance – Ramsey/Cebrian
Mr. Ramsey expressed his thanks to the members for their camaraderie and their efforts during his tenure on the Commission, and stated that it had been a pleasure to work with such capable and dedicated people.
Mr. Ramsey stated that the Commission is currently solvent. He said the application to the City for a $2,000 increase over the previous amount they have been receiving for the past several years has been granted and the total to be received by the Commission is now $7,747. He said that where the members want to see the Commission go over the next five to seven years is going to be crucial and key to their seeking additional funding through the City, and their endeavors toward getting some remuneration from the return of the boating registration fees. There was some discussion over plans to take a hard look at expenses, including a harbor manager consultant and water quality, and they should plan to put together some hard and realistic figures as to what those costs should be and then go back out and tell the City that it needs to be financed.
Mr. Ramsey said his resignation is effective as of March 31st but he will remain available should the Commission have any questions or seek any advice from him.
Mr. Cebrian said he didn’t have anything to report, other than he has been working with Mr. Ramsey and Mr. Mobilia to get up to speed in order to assume Mr. Ramsey’s duties once his resignation takes effect. Mr. D’Andrea stated that Mr. Cebrian needed to find a “second” for himself now, as he was Mr. Ramsey’s “second.”
Mr. D’Andrea asked Mr. Romano to say a few words to the other Commissioners by way of introducing himself. Mr. Romano stated that he was born in Brooklyn and moved to Norwalk in 1950; he grew up in East Norwalk during his formative years and has a great affinity for the harbor and Calf Pasture Beach. He said he and his father went to the beach daily to swim, and he has been an avid clammer. He has been a boater for over 20 years and enjoys the waterways with his family. Mr. Romano stated that he is in the business of selling and installing swimming pools. He also owns some real estate in the City. Mr. Romano said being on the NHMC is his opportunity to give back to the City.
b) Application Review – Clark
Ms. Clark said that when she downloaded the previous minutes, she noticed that the application at 44 Yarmouth Road was discussed at length. She did not have an opportunity to talk to Mike Greene in Planning & Zoning, but she thinks it is critically important that she follow up on this. She asked Mr. Steadman for the status.
Mr. Steadman said the NHMC has sent a letter to the DEP regarding this situation but the DEP determined that no additional approvals were needed from the DEP to remove the wall from the right of way, and the Cease and Desist order to the property owner was contingent on the property owner getting the approval from the appropriate authority to remove the wall. Based on what the DEP told the NHMC, the DEP is not the proper authority; the City needs to deal with it through the Coastal Site Plan. He said that Mr. Greene was going to have someone go out and see the area. Mr. Demarche said that someone was going to go out very soon. Mr. Steadman said the NHMC commented on the situation just to be on the record because they understood that the applicant had applied for a Certificate of Permission from the DEP and the NHMC was going to review that and get more information, but then it was determined that the DEP had no jurisdiction so they withdrew the Certificate of Permission. Ms. Clark said she hoped to have something more to say on this next month.
Mr. Steadman stated that they have received a Letter of Approval for Robert Manning, which was the DEP’s approval of his registration for a 440 dock. He said the NHMC commented on that registration back in October 2005, and said that they found that the application is not consistent with the Harbor Management Plan unless the following conditions were met. Those conditions included that the floating dock not rest on the bottom at low tide, and the DEP, however, did not put that as one of the conditions in their approval. They, instead, required float stops on the bottom to minimize substrate disturbance. Mr. Steadman said this is an issue the NHMC will have to address, and also is involved in their pending revisions to the Harbor Management Plan.
Ms. Clark said she believed the DEP refers to the structures on the upright timbers as float stops. Mr. Steadman said this should be clarified, because it was his understanding that the DEP was referring to the same sort of float skids under the dock. Ms. Clark said they should check with the authorities, but in the drawing it does show that they call it a float stop and it is what the NHMC looked at in their meeting. Mr. Steadman said that was a good point and they will clarify it. Ms. Clark said she thought it was a matter of wording.
Dr. Pinto said there was one other application that came up regarding Copely Avenue. He said the DEP has closed the COP for Stacy Waldman Bass to put in a dock because the dock did not fall into compliance with an as-built, based on their as-built survey. In a telephone conversation between the DEP representative and Mr. Bajek (sp) on February 6th, the DEP advised Mr. Bajek that their review of the as-built plans revealed that the constructed dock appears to be out of compliance with the permit, and the DEP also advised Mr. Bajek that a post-construction site inspection was warranted and the revisions to the as-built showing all contours was necessary to determine site compliance. Also, the floating dock must include float stops as required in the permit. Mr. Steadman said it was up to the applicant to get back to the DEP with an as-built survey to provide the information that the DEP has asked for.
Mr. D’Andrea asked if that letter was in response to any input the NHMC had on the COP. Mr. Steadman said no. Mr. D’Andrea asked if it would be worth a phone call to the DEP for their diligence to commend them for catching this. Mr. Steadman said that it was his suggestion that they wait and see what information the DEP gets back from the applicant.
Mr. Michael Griffin said he thought a letter would be appropriate, especially on the Yarmouth Road permit, to the Shellfish Commission, and that they comment that the NHMC sees no language about any vessel resting on the bottom during any portion of the tide cycle, and that they are going to be coming to grips with that issue.
Mr. D’Andrea said that the 32 Yarmouth Road 440 dock has been kicked back to the Committee for them to clarify the float status. He thought Mr. Mobilia would ask Tony to generate a letter, once they clarify the understanding of the float status, with concern about the vessel and the dock sitting on the bottom, just as a reinforcement. Mr. Griffin suggested they add that it is the position of the Norwalk Shellfish Commission in their Shellfish Plan. Mr. D’Andrea agreed and said he would bring it up with Mr. Mobilia.
Mr. Steadman said there was also a public notice on a Notice of Tentative Determination
by the DEP to approve the application by Marty and Susan Erlich of 12 Pine Point
Road. Previously the NHMC had looked at an application by the Erlichs for a
440 dock back in August, but this application is to install coir logs for shore
renovation to protect shoreline erosion. He said this is the same type of thing
as what they had approved for Charles Cove, and they found that Charles Cove
was consistent with the Harbor Management Plan. Mr. Steadman said this seems
to be the same type of proposal as Charles Cove. The Application Committee did
not have this to look at ahead of time and the comment period was up earlier
this week, but he met with the DEP today and said they want to go on the record
as asking the DEP to consider their comments until the end of this week.
Mr. D’Andrea asked, since this is consistent with the Harbor Management Plan,
did they want to go on the record right now and draft a quick letter and get
it out? Ms. Clark said it strikes her that the project is a benefit to everyone
and is very consistent with the guidelines that have been established. She stated
the homeowners will also be adding some plantings as well. After brief discussion
it was agreed to send the letter. Ms. Clark proposed a motion which she stated
to the Commission without using a form.
** MS. CLARK MOVED THAT THE NHMC FINDS, IN REGARDS TO AN APPLICATION BY THE
DEP BY MARTY AND SUSAN ERLICH OF 12 PINE POINT ROAD IN NORWALK, CT DEP #2005-02276-JW,
THAT THIS IS FOR WORK TO STABILIZE AN ERODING SHORELINE AT A PRIVATE RESIDENCE
AND RECOMMEND THAT THE PROJECT AS DESCRIBED IN THE APPLICATION IS CONSISTENT
WITH THE HARBOR MANAGEMENT PLAN AND RECOMMEND FAVORABLE ACTION.
** DR. PINTO SECONDED.
** MOTION PASSED UNANIMOUSLY.
c) Web Page/Newsletter – Farrow
Mr. Farrow reported that the newest issue of the newsletter is out. He distributed copies to the Commissioners and expressed his thanks to those members who contributed photos and articles.
d) Boating and Harbor Safety – Farrow
Mr. Farrow had no report at this time.
e) Water Quality Committee – D’Andrea
Mr. D’Andrea had no report at this time.
Mr. Steadman said he had spoken to someone from Buck Scientific and they want to get together to discuss a water quality intern, and there was a suggestion from them to include metal determinations in the harbor as well as sedimentation and water determinations, using some of their equipment that is located at the Maritime Aquarium.
Mr. D’Andrea said this was definitely worth looking into, and he had spoken about this with Jack Schneider last year. Mr. D’Andrea said the equipment was unfortunately in disrepair. He said Buck Scientific thinks they can get it up and running but they have to work out the logistics with getting the NHMC’s interns in the Aquarium able to run the equipment. He said at one point they invited him and Mr. Steadman to attend training seminars. They can go into the Aquarium at any time, they just have to work out what they expect from the interns. He thinks it is an excellent starting point and they should take them up on it.
Mr. D’Andrea said he has been trying to get the NMHC Water Quality Committee on the storm drain filtering project with no success, and asked that this be noted for the record. Mr. Michael Griffin asked if the information that is gathered from the Water Quality be shared with this Commission or with the Water Quality Committee. Mr. D’Andrea said he did not know. They don’t know where the test results are going to be published. He said they have asked to be on the committee through the Mayor’s office and directly to the people who are running the program. Mr. D’Andrea said he is going to discuss with Mr. Mobilia an FOI request for the information prior to a meeting with the Mayor on several other questions that are pending. Mr. D’Andrea noted that the water ends up in Norwalk’s harbor, and they are the Norwalk Harbor Committee so therefore they should be on that committee. Mr. Michael Griffin stated that if the NHMC is going to push to have a member on that committee, he felt it should definitely be the Chairman of the Water Quality Committee. A brief discussion followed.
f) Plans and Recommendations – Callahan
Mr. Callahan explained the Plans and Recommendations Committee’s duties for the benefit of Mr. Romano.
g) Dredging – Pinto and Dredging Committee (Mobilia, Griffin, Steadman)
Dr. Pinto stated that Phase I of the project has been completed. He said that Mr. Griffin had been the focal point for phone calls for everything between the Army Corps, Mr. Cashman, Mr. Steadman and others. He thanked Mr. Griffin and Mr. Brian Griffin for their assistance.
Dr. Pinto said they are working on Phase II, but before that there is a post-dredging meeting scheduled for April 19th with the Mayor, Commission members, State representatives, the Common Council, the Army Corps, the Coast Guard, the DEP and the Shellfish Commission all slated to attend.
Mr. D’Andrea thanked Dr. Pinto and his committee on behalf of Mr. Mobilia.
h) Waterfront Facilities Advisory – Griffin
Mr. Michael Griffin distributed his report to the Commission and explained it for Mr. Romano.
Mr. Michael Griffin stated that the boating season will open on April 14 and said there will be full season staffing beginning the Thursday before Memorial Day weekend.
6. NEW BUSINESS / OLD BUSINESS
There was no new or old business to be discussed at this time.
7. STAFF REPORTS
a) Harbor Master - Griffin
Mr. Michael Griffin distributed his report and explained highlights for Mr. Romano’s benefit.
Mr. Griffin stated that Dr. Pinto has been named President of the Connecticut Harbor Management Commission.
Mr. Griffin thanked Mr. Brian Griffin for all his help and assistance and asked that the Commission formally thank him as well.
b) Consultant - Steadman
Mr. Steadman said that he and Dr. Pinto found a legal decision by the Connecticut Court of Appeals which they thought was interesting and wanted to share with the Commission. The decision was released January 24, 2006 and concerns the City of Milford Zoning Board of Appeals and the court decision upheld the City of Milford in an act having to do with the harbor. In this decision the court said the State does not have the exclusive jurisdiction to regulate waterward of the mean high water mark; that the State has manifested its intent to delegate to municipalities a part of the duty to regulate waterward of the mean high water mark through harbor management commissions and municipal harbor management plans. It then goes on to say that when a municipality has enacted such a plan and the Commissioner of Environmental Protection has approved it, the recommendation made pursuant to that plan becomes binding.
Mr. Steadman said that it goes on to say that the statutes clearly demonstrate that the State did not intend to give to the DEP the exclusive authority to deal with these matters because it expressly delegates the ability of regulation to the Harbor Mangement Commissions. He said this is language that they can use in their arguments. Mr. D’Andrea said that now they can cite case. The Commissioners felt that this was very important. A brief discussion followed.
Mr. Steadman said that they need to propose changes to the Harbor Management Plan to the DEP which is still being reviewed and the permit division is looking at it. He hoped to have something to report back on at the next meeting.
Mr. Steadman said that Mr. Griffin mentioned the boat registration fees, and they have discussed this for many years. He said no one has been able to get an accounting from the State as to how much money they take in and where that money goes. He said they tried to do it through the Harbor Management Association; someone from Bridgeport went to one of the state legislators from Bridgeport who said that he couldn’t find anything. Now there is another process being followed by the Association, and if that doesn’t work they may have to make a formal FOI request. Mr. Steadman said this was interesting in light of the proposal to do away with property taxes on automobiles and some towns are expressing concerns about whether they will get the proper reimbursement in the future from the revenue they are losing. Mr. Griffin said they should have given some thought to reviewing it, because boat registrations have increased from 1978 on, and personal property taxes have increased as well. They have been locked into the same reimbursement for the last thirty years. A discussion followed.
c) Planning and Zoning – Greene/DeMarche
Mr. Demarche stated that he has information for the Commissioners to pick up before they leave the meeting. He noted that he has updated the member list and distributed it to the Commissioners. He asked that they review and correct it and contact him with any changes.
8. OTHER COMMENTS
Mr. D’Andrea stated that Mr. Ramsey would make the motion to adjourn the meeting as his final act as a Commissioner.
Mr. D’Andrea said that on behalf of Mr. Mobilia, he had been asked to thank the Dredging Committee and he would like to thank Mike Griffin and Brian Griffin for their efforts; John Pinto, Geoff Steadman, Dave Dunavan, and everyone on the Commission.
9. ADJOURNMENT
** MR. RAMSEY MOTIONED TO ADJOURN.
** MS. CLARK SECONDED.
** MOTION PASSED UNANIMOUSLY.
The meeting was adjourned at 8:55 p.m.
Respectfully submitted,
Linda J. Hayes
Telesco Secretarial Services
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