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NORWALK HARBOR MANAGEMENT COMMISSION MINUTES

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CITY OF NORWALK
HARBOR MANAGEMENT COMMISSION
REGULAR MEETING
OCTOBER 24, 2007

ATTENDANCE: Tony Mobilia, Chair; Pat Clark, Henry Palau, Jose Cebrian,
Tony D’Andrea, Patrick Geraghty, Dr. John Pinto (7:55 p.m.)

STAFF: Frank Strauch, Planning and Zoning; Geoff Steadman, Consultant

OTHERS: John Frank, Shellfish Commissioner

CALL TO ORDER

Chairman Mobilia called the meeting to order at 7:40 p.m.

PUBLIC COMMENT

There was no on present that wished to comment.

CHAIRMAN’S REPORT

All the letters that were approved for sending last month have been sent out. This included letters to the Shore and Country and the Coast Guard.

The discussion then moved to the State of the Harbor meeting, which is scheduled for November 7th. Chairman Mobilia passed around a draft copy of the agenda, which has been slightly modified from last year. The Commission reviewed the scheduled events.

COMMITTEE REPORT

Ms. Clark thanked everyone for attending the Special Meeting and for their patience in dealing with the complicated details of the application under consideration.

a. Application Review –

1. 2007-23: Anthony Whitworth, 20 Old Wharf Road; Tom Juterbock, 9 Nylked Terrace; Charles Berman, 7 Nylked Terrace. Agent: Roberge Associates, Stratford, CT.

COP application to DEP OLISP by the neighboring applicants to maintain an existing, deteriorating revetment structure waterward of an existing seawall on the east side of Pine Point in the Bell Island area. The proposed work is to remediate approximately 700 linear feet of stone now in poor condition that threatens the existing seawall and the properties behind it. Approx. 3,800 cu yds of properly engineered stone will be delivered by barge and set in place by crane; the stone will extend 20 to 25’ waterward, on the existing footprint and will reach a height of + 12.5’ NGVD. The existing seawall will be raised from approximately +10.8’ to +12.5’ to match the revetment. No barges will rest on the bottom during construction.

Dr. Pinto joined the meeting at 7:55 p.m.

** MS CLARK MOVED THAT APPLICATION 2007-23 BY ANTHONY WHITWORTH, 20 OLD WHARF ROAD, ROWAYTON; TOM JUTERBOCK, 9 NYLKED TERRACE, ROWAYTON AND CHARLES BERMAN, 7 NYLKED TERRACE, ROWAYTON IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN TO RECOMMEND FAVORABLE ACTION
** MR. PALAU SECONDED.

Mr. Steadman asked if a professional engineer had reviewed the application. Ms. Clark replied that one had.

** THE MOTION PASSED UNANIMOUSLY.

2005-20 (CONT’D): Norwalk Yacht Club, 10 Nathan Hale Road, South Norwalk. Agent: Jim Bajek, Wilton, NH.

CT DEP Notice of Tentative Determination to approve application reviewed by NHMC November 2005. The proposal includes maintenance dredging and improvement dredging in the waters of Wilson Cove; also modifications to the existing northern dock. NHMC moved for favorable action with conditions on November 30, 2005; the conditions included a review by the Norwalk Shellfish Commission.

Ms. Clark reviewed the history of the application and reminded everyone that this application has been reviewed extensively when it was first presented in 2005. Ms. Clark then said that in 2005, the application had been viewed favorably with conditions. One of the conditions was that there was a positive review by the Shellfish Commission. DEP has confirmed that all the area that would be dredged are areas that were previously dredged areas and not on shellfish beds. DEP has issued a noticed of tentative determination.

** MS. CLARK THEN MOVED THAT APPLICATION 2005-20 – THE NORWALK YACHT CLUB, 10 NATHAN HALE ROAD, SOUTH NORWALK IS CONSISTENT WITH THE NORWALK HABOR PLAN AND RECOMMENDED FAVORABLE ACTION WITH THE FOLLOWING COMMENT:

THE APPLICANT SHALL CHECK WITH THE CITY BUILDING DEPARTMENT FOR CONSISTENCY WITH THEIR REGULATIONS.
**MR. PALAU SECONDED.

Mr. Steadman asked if a professional engineer had prepared the plans. Ms. Clark replied that the plans had been reviewed by a professional.

**THE MOTION PASSED UNANIMOUSLY.

Ms. Clark then reported that the Commission had received a letter from a lawyer representing a client who is having a problem with Dorlon’s Marina. Ms. Clark said that the matter was not a Harbor Commission matter and sent a reply indicating that the regulations state that no vessel shall encroach on the channel.

Permits Received

1.Richard Girouard, 10 Woodland Road
2. Joseph Muro, 5 Seabreeze Place
3. Seabreeze Properties LLC, Neal Konstantin, 22 Crockett Street

The paperwork for the above permits has been received and the docks installed as stated.

Dr. Pinto said that it would be important to note what the DEP finally decides on the various recommendations. Mr. Strauch pointed out that there would be more consistency with the recommendations and also would create a record of decisions and recommendations for future reference.

b. Finance

Mr. Cebrian reviewed his finance report. Mr. D’Andrea said that the current water quality budget was higher this year because a meter was accidentally dropped overboard. The program replaced the meter.

A discussion followed about the finances, dues that were outstanding and possible changes to the mooring fees.

Chairman Mobilia then mentioned the Harbor Master’s stipend. He commented that in the last two years, the responsibilities have grown considerably. Dr. Pinto reminded everyone that that City had contracted with the art boat and made money from the contract, but Harbor Master Griffin was required to put in hours regarding this project.
Chairman Mobilia suggested that the City not pay the Harbor Master on a ten month basis but on a twelve month basis. Chairman Mobilia said that the Harbor Master had not had a raise in fifteen years.

Mr. Frank commented that Harbor Master Griffin’s boat engine was failing. Mr. D’Andrea pointed out that the Shellfish Commission had just replaced the engine on their boat and the old engine was still seaworthy and should go to Harbor Master Griffin.

The discussion then moved back to paying Harbor Master Griffin for all twelve months. Dr. Pinto pointed out that the amount of hours the Harbor Master puts in as part of his job.

** MR. D’ANDREA MOVED THAT THE YEARLY STIPEND BE INCREASED TO $12,000 FOR THE HARBOR MANAGER WITH THE UNDERSTANDING THAT THIS WILL EXTEND PAYMENTS TO THE MONTHS OF NOVEMBER AND DECEMBER, EFFECTIVE IMMEDIATELY.
** MS. CLARK SECONDED.

There was some additional discussion about the details. Ms. Clark said that it was a place to start and an expression of respect for the excellent job Harbor Master Griffin has done.

** THE MOTION PASSED UNANIMOUSLY.

Mr. Steadman said that when Commission reviews applications, there is no application fee collected, but that significant amounts time and effort are spent on the applications. Mr. Strauch pointed out that the funds would go into the general fund. Mr. Steadman said that he had spoken to Atty. Nolin about this and a change would have be have to carefully crafted to direct the funds to the Harbor Management Commission.

Chairman Mobilia also said that it is important to review the fees paid to the consultant. This will be discussed at a future meeting.

c. Nominating

** CHAIRMAN MOBILIA MOVED TO ENTER INTO EXECUTIVE SESSION TO DISCUSS NOMINATIONS FOR THE DAVID S. DUNAVAN AWARD.
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

The Commission members entered into Executive Session to discuss nominations for the David S. Dunavan Award at 8:40 p.m. The Commission reconvened at 9:02 p.m.

Dr. Pinto said that there were seven nominations for the 2007 David S. Dunavan Award. The recommended candidate from nominating committee was Mr. John Frank.

** DR. PINTO MOVED TO RECOMMEND SHELLFISH COMMISSIONER JOHN FRANK AS THE RECEIPTANT OF THE DAVID S. DUNAVAN
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

Mr. Palau left the meeting at 9:05 p.m.

d. Web Page/Newsletter

Mr. Geraghty said that the newsletter was at the printers and should be mailed out tomorrow. Mr. Geraghty then thanked everyone for their assistance with the newsletter. The Website will be updated shortly with the newsletter.

A discussion then followed about possibly expanding the newsletter and to consider advertisement or sponsorship for the future.

e. Boating and Harbor Safety - No report.

f. Water Quality Committee

Mr. D’Andrea reported that he had received 167 phone calls regarding the lingering odor particularly in the area of Liberty Square. There have been numerous conversations with Mr. Alvord about this problem. Some of the problems have been resolved, others have not. Mr. Frank and Mr. D’Andrea then said that they noticed a “flowery” smell in the area of Liberty Square after the article appeared in The Hour. Mr. Frank reviewed the details of the problem. A discussion then followed about this issue. Mr. D’Andrea said that it would be important to determine the source of the odor and to decide how to correct the problem.

Mr. D’Andrea then said that a concerned citizen had contacted the Mayor about a possible fish kill by the Washington Street/Route 136 bridge. The Health Department and various other organizations checked the water and it was determined that there was not a problem with the water. A report was given to the Mayor’s Office regarding this.

Mr. Steadman asked about the final outcome of the drain filters. Mr. D’Andrea said that a number of heavy metals had been caught in the filter. He said that he would have copies of the report for the Commission next month. Mr. D’Andrea also said that Norwalk would be having a Storm Drain Task Force next year and that Water Quality Committee would have a seat on it.

g. Watershed Initiative Advisory Committee

Attendance is down at the meetings and the Committee is hoping for a replacement for the former Chair. He then reviewed the problems with the goose management plan.

h. Plans and Recommendations

No report.

i. Dredging

Dr. Pinto then reviewed the status of the dredging report. Dr. Pinto said that there was some support of the capping issue. He also referred to the Citizen’s Action Group who had made some statements in error about Norwalk’s position regarding the capping in a letter that was sent out to many officials. A retraction of this letter has been requested.

There is no news regarding the funding for the dredging.

Mr. Steadman said that it would be good to discuss with the Corps of Engineer about what could be done with a smaller amount of money. He then reviewed several details about the dredging process and how the determinations are made. Dr. Pinto reminded everyone that Mr. Steadman has frequently said that the DEP is acting as a regulatory organization but they need to be a facilitating agency.

j. Waterfront Facilities Advisory

Chairman Mobilia asked if everyone had received Harbor Master Griffin’s Waterfront Facility Advisory report.
STAFF REPORTS
a. Harbor Master

Chairman Mobilia asked if everyone had received Harbor Master Griffin’s report. Mr. Cebrian asked if the title of the report to “Harbor Manager” rather than “Harbor Master”.
It was agreed that it would be the Harbor Master/ Manager”.

** MR. D’ANDREA MOVED TO ACCEPT THE HARBOR MASTER’S REPORT.
** MR. GERAGHT SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

b. Consultant

Mr. Steadman said that he had not heard back about the recently submitted report.

c. Planning and Zoning

No report. Chairman Mobilia distributed a draft of the Connecticut Coastal and Estuarine Land Conservation Program Plan. Comments are due by November 20th. Ms. Clark suggested that the plan be reviewed in time for Application Review on November 13th. The next Harbor Commission meeting will be on the 28th.

APPROVAL OF THE AUGUST 22, 2007 MINUTES AND THE MINUTES OF THE SPECIAL MEETING ON OCTOBER 16, 2007

August 27, 2007

** MS. CLARK MOVED TO ACCEPT THE MINUTES OF AUGUST 27, 2007 AS SUBMITTED.
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

October 16, 2007

The following change was noted:

Page 1, please change the following from:

“Ms. Clark stated findings of the Committee as the following:

The application review committee finds application #2007-21 (revised) for a certificate of permission for the Shore and Country Club for work at 220 Gregory Blvd., East Norwalk involving maintenance dredging to 8 feet below MLW and replacement of sheet piling bulkhead with an extension of 12 inch storm drain pipe to be the new bulkhead face. All floats and docks will be replaced in exactly the same place, consistent with the Harbor Management plan and recommends favorable action with the following conditions:

• A preconstruction survey of existing conditions by a certified engineer or land surveyor be provided to the MHMC and CT DEP before construction begins and a post construction (as built) survey be provided upon the project’s completion (with copies to both the NMHC and CT DEP).

• Best available management practices and technology filtration methods be employed and installed in all catch basins within this project, and that the aforementioned filtration be cleaned and regularly maintained.

• Applicant shall check with the Building Department of the City of Norwalk to insure consistency with any applicable regulations.

• The NHMC reserves the right to review any modifications to this application should they occur.

Motion made by Ms. Clark, Seconded by Dr. John Pinto.

TO READ AS FOLLOWS:

The application review committee finds application #2007-21 (revised) for a CT DEP certificate of permission for the Shore and Country Club for work at 220 Gregory Blvd., East Norwalk involving maintenance dredging to 8 feet below MLW with 1’ overdredge, spoils to in-water disposal site and replacement of sheet piling bulkhead. All floats and docks will be returned to existing locations and an extension of 12 inch storm drain pipe to be the new bulkhead face is consistent with the Harbor Management plan and recommends favorable action with the following conditions:

• A preconstruction survey of existing conditions by a professional engineer or land surveyor be provided to the MHMC and CT DEP prior to construction and a post construction (as built) survey be required (with copies to both the NMHC and CT DEP).

• Best available management practices and technology be used in existing catch basins and be regularly maintained.

• The applicant shall check with the Building Department of the City of Norwalk to insure consistency with any applicable regulations.

• The NHMC reserves the right to review any modifications to this application should they occur.

Motion made by Ms. Clark, Seconded by Dr. John Pinto.

** DR. PINTO MOVED TO ACCEPT THE MINUTES AS AMENDED.
** MS. CLARK SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

NEW BUSNIESS/ OLD BUSINESS

Dr. Pinto submitted a letter from the Connecticut Harbor Management organization about their next meeting, which will be the day after the State of the Harbor meeting. It will be at the Sound School of Aquaculture. He then briefly reviewed the contents of the meeting. The invitation is for the chairman and one other member of the Commission to attend. Chairman Mobilia said that he would attend.

ADJOURNMENT

** MS. CLARK MOVED TO ADJOURN
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

The meeting adjourned at 10:10 p.m.

Respectfully submitted,

Sharon L. Soltes
Telesco Secretarial Services


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