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HARBOR MANAGEMENT COMMISSION
DECEMBER 15, 2004
ATTENDANCE: Dr. John Pinto, Chairman; Richard Ramsey; Jason Farrow; Tony Mobilia; Tony D’Andrea (7:40 pm)
STAFF: Derick DeMarche, Planning and Zoning
OTHERS: Michael Griffin, Harbormaster; John Frank, Shellfish Commission; John Hilts
CALL TO ORDER
Dr. Pinto called the meeting to order at 7:35 pm; he noted the absences of Mr. Callahan, Mr. Palau, Mr. Cebrian and Ms. Clark. At this point in the meeting a quorum was not present; it was decided to take up non-action items.
CHAIRMAN’S REPORT
A. Status of Harbormaster and Deputy Harbormaster reappointments by governor.
Dr. Pinto congratulated Mr. Griffin on being reappointed as Harbormaster.
Mr. Griffin handed Dr. Pinto a copy of his letter of appointment from governor, Jodi Rell.
Mr. D’Andrea joined the meeting at 7:40 pm. A quorum was now present.
Dr. Pinto referred to the position of Deputy Harbormaster noting that he had spoken with Tim Geary who had informed him that one of the candidates Vincent Poccograno was ineligible; he added that three names still had to be submitted, so he had gone ahead and put forth the name of Norm Maurice.
APPROVAL OF THE MINUTES
November 17, 2004
** MR. D’ANDREA MOVED APPROVAL OF THE MINUTES AS PRESENTED.
** MR. FARROW SECONDED.
** MOTION PASSED UNANIMOUSLY.
CHAIRMAN’S REPORT (Continued)
B. December 1st meeting with DEP, ACOE, EPA, Congressional reps regarding
dredging issues
Dr. Pinto reported that he, Mr. Mobilia, Mr. Griffin and Mr. Steadman had attended a meeting with the above Federal and State Official regarding dredging. He noted that there was some interesting discussion about designation of the disposal site that will be discussed under Dredging Committee Report.
C. CHMA December 7th Annual Meeting Report
Dr. Pinto noted that he, Mr. Griffin and Mr. Steadman had attended the Connecticut Harbor Management Association meeting on December 7th . CHMA had re-appointed the current board of officers (Joel Severance, Chairman; John Pinto, Vice Chairman). He noted that several issues had arisen, the first regarded the importance of all applications and Permits to the DEP should be submitted to Harbor Commissions for review in a timely matter; secondly Office of Harbormaster may be governed under the DEP rather than the DOT. A discussion was held regarding the need to garner a portion of the fees from State boaters registration permits that would help finance harbor commissions with an approved harbor management plan. The current fee schedule is base on a tax base from 1978. Finally the Association agreed to increase the number of board members by four; 2 from harbor commissions and 2 alternates, one from Harbormasters and the other from Associate members of CHMA.
D. City Grant Application
Dr. Pinto indicated that he spoke with Anne Twomey from the Finance Department regarding the review of the city grant to the Commission. He stated that he and Mr. Ramsey would attend a meeting on January 18, 2005 to discuss the grant and the need for an additional $2000.
E. Status of Proposed increase in Mooring and Initial Mooring Application
Dr. Pinto reported that this issue had come before the Common Council and had been approved by consent of the Council.
Mr. Griffin indicated that it had been passed on consent during the November 23, 2004 meeting of the Council.
F. Village Creek Salt Marsh Application
Dr. Pinto noted that Paul Littell had contacted him regarding Village Creek’s salt marsh restoration proposal. Mr. Littell requested a letter of support from the Harbor Management Commission for their proposal. Dr. Pinto commented that he had responded by letter (he read the letter), in essence that the Commission supports the concept of Marsh Land restoration. The commission will have the opportunity at a later date to review any application from Village Creek submitted to the DEP.
COMMISSION ADMINISTRATIVE BUSINESS
A. Harbor Management Plan Status
Dr. Pinto stated that the Revised Harbor Management Plan is with Marcy Balint (DEP) and at their meeting on December 1st she had indicated that it was next on her list for review and would be complete by the end of the year. He added that when the plan is returned and approved by DEP it would then need to be presented to the Common Council for final approval by the City; at that time Dr. Pinto suggested it would be a good idea to get Council members involved, he suggested the name of Fred Bondi and Kevin Poruban.
B. Nominating Committee Progress
Mr. D’Andrea proposed for the second time the list of nominees for commission officers:
Chairman - Tony Mobilia
Vice Chair - Henry Palau
Secretary - Tony D’Andrea
Mr. D’Andrea noted that nominations would be left open until December 31, 2004. Voting of new officers will be held during the January meeting.
C. Development update of plans to establish “Archives Committee” for data storage and information retrieval of Commission business
In Mr. Cebrian’s absence, Dr. Pinto said the commission members received an email from Mr. Cebrian that requested what the needs of commissioners would be so that he could establish a format for a database.
COMMITTEE REPORTS
A. Web Page/Newsletter – Mr. Mobilia
Mr. Mobilia reminded Commissioners of the January 31, 2005 deadline to have articles in for the next newsletter. He said that he would be updating the website with the new mooring fees and schedule.
Dr. Pinto commended Mr. Mobilia on the newsletter noting the wide coverage and thoughtful comments from members of the boating public that it received.
B. Finance – Mr. Ramsey
Mr. Ramsey stated that Commission is solvent with its finances, however not by a lot. He indicated that he had received an invoice from Mr. D’Andrea for signage at the David S. Dunavan Boating Center and that any contributions would be gratefully received.
Mr. Griffin said that a check from Norm Bloom for the Water Quality Program would be forthcoming.
There was discussion on the general condition of the budget and the reasons why the Commission needed the additional $2000 that they have requested from the finance department.
C. Application Review – Dr. Pinto
2004-18 – David Evans, 11 Seaside Place, Norwalk – Permit application to CT DEP and ACOE to construct a pier, ramp and floating dock at same address. The proposal is to berth a dinghy to be used to access owner’s sailboat on a mooring. There is an existing permitted seawall at the property. Total extension of new structures will be 97’ waterward.
Dr. Pinto indicated that the Application Review committee met to discuss this and after considerable discussion they tabled the item pending comment from the Shellfish Commission, as there was concern about the dock sitting on the bottom during mean low tide. Dr. Pinto read an excerpt from the Plan regarding policies on mapping important shellfish areas.
John Frank (Chairman of the Shellfish Commission) submitted his response in the form of a letter to Dr. Pinto that outlined the concerns regarding the dock resting on the bottom as the water is too low and also that both clams and oysters are documented to be in the area.
Dr. Pinto showed a map of the area. Discussion ensued.
Mr. Griffin pointed out that the Commission is bound by the plan and now that the Shellfish Commission has raised an objection, the application as proposed by Mr. Evan is inconsistent with the Harbor Management Plan.
Dr. Pinto referred to recent communications from Aquaculture.
John Hilts asked if Ms. Clark had received his most recent email correspondence from DEP.
Dr. Pinto read the email from Mr. Hilts on behalf of his client and the response from Mr. Frank to this letter.
Mr. Griffin again stated that the Shellfish Commission has voiced concern, therefore making the application inconsistent.
Mr. Frank stated that the area in question is a valuable and active shellfish bed; clams are there and an oyster set has recently established and they are hoping that it will have a chance to mature.
** MR. D’ANDREA MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FIND APPLICATION 2003 00220SJ TO CT DEP – COP AND ACOE BY DAVID EVANS, 11 SEASIDE PLACE, NORWALK FOR WORK AT THE SAME ADDRESS IS INCONSISTENT WITH THE NORWALK HARBOR MANAGEMENT PLAN BASED ON THE STATEMENT SUBMITTED BY THE NORWALK SHELLFISH COMMISSION INDICATING THE POTENTAL OF THE DOCK IN ITS CURRENT CONFIGURATION WOULD ADVERSELY IMPACT SHELLFISH RESOURCES.
** MR. MOBILIA SECONDED.
** MOTION PASSED UNANIMOUSLY.
D. Boating and Harbor Safety – Mr. Farrow
There was no report this evening.
E. Dredging – Dr. Pinto
Dr. Pinto referred to the meeting held December 1, 2004 (as mentioned under Chairman’s report) saying that they had presented an overview of the harbor along with milestones of what the committee has completed over the years to help implement dredging. He said they had asked for an update from the ACOE at which time they had questioned the DEP’s criteria for open-water disposal saying that the material was suitable without capping based on their sediment testing. The ACOE had indicated that there is no bioaccumulation and the material south of the Stroffolino Bridge is good for open-water disposal, however for everything north of the Bridge would not be suitable and must be confined in a “CAD” cell. Dr. Pinto said when they had asked the DEP for their criteria. The DEP indicated that the material would need to be capped based solely on an issue of water quality and the DEP’s criteria do not consider issues of bioaccumulation. The topic of where to locate enough “cap” material ensued along with how the amount of 75,000 cubic yards had been derived.
Mr. D’Andrea noted that the water drains off the I-95 Bridge and goes straight into the harbor.
There was discussion on the funding required for completion of the Dredging project and how the appropriations would be handled. As before, the Commission would have to request funding through Congressional representative submitting their request through a special appropriations budget item.
Mr. Ramsey suggested that the Commission focus on the environmental damage caused by run-off from the I-95.
Mr. D’Andrea asked if the project could be broken up into ten sections that would only require smaller units of dredged material to be placed at the CLIS site.
Although projects of less than 25,000 cy could still be disposed of at the
CLIS site,
Dr. Pinto replied that it could not be done because the Norwalk Project is a
federal project and the site is closed to all federal dredging projects..
Finally, Dr. Pinto stated that a meeting has been arranged for December 22, 2004 to bring together state representatives, the Mayor and others for an executive summary of the Dredging issues. This meeting will inform state and federal representative about the importance of dredging Norwalk harbor. He said there has to be some semblance of closure and hoped that our state representatives as they conduct their duties and responsibilities at the State and/or Federal level would keep the Norwalk Dredging project in mind for any possible resolution to the 3 main issues affecting completion of the dredging project. Namely, 1) Uncertainties of Federal funding; 2) The present lack of a disposal site for the dredged material in Long Island Sound; and 3) The DEP-imposed requirement for “capping” dredged material arising from phase two of the project.
Subsequent to the discussion on dredging, Mr. Frank produced evidence that another dock at Seaside Place had been found that is un-permitted by the DEP.
F. Mayor’s Water Quality – Mr. D’Andrea
Mr. D’Andrea stated that they have calibrated the MySound probe and it is now in compliance. He commented that they have noticed a drop in salinity and so far they do not have any answers as to why this is occurring. He added that Dick Harris of Harbor Watch/ River Watch is going to lend them a probe for the winter months so they can monitor the temperature changes.
H. Waterfront Facilities Advisory – Mr. Griffin
Mr. Griffin distributed his written report and went over the highlights. He requested statistical information from Dr. Pinto with regard to the number of campers, non-residents and season passes etc for the year at the Norwalk Visitors Docks.
NEW BUSINESS
There was no new business this evening.
STAFF REPORTS
A. Planning and Zoning – Mr. DeMarche
Mr. DeMarche confirmed the booking of the P&Z conference room for the December 22, 2004 meeting.
B. Harbormaster’s Report – Mr. Griffin
Mr. Griffin distributed his written report.
C. Consultant
There was no report this evening.
OTHER COMMENTS
Mr. Griffin referred to the dock found at 7 Seaside Place noting that the DEP is seeking removal of this unpermitted structure.
ADJOURNMENT
** MR. D’ANDREA MOVED TO ADJOURN.
** MR. RAMSEY SECONDED.
** MOTION PASSED UNANIMOUSLY.
The meeting was adjourned at 10:00 pm.
Respectfully submitted,
Kate Kye
Telesco Secretarial Services