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HARBOR MANAGEMENT COMMISSION

AUGUST 25, 2004

ATTENDANCE: Dr. John Pinto, Chairman; Jack Callahan; Henry Palau; Tony Mobilia; Pat Clark; Richard Ramsey; Jose Cebrian; Tony D’Andrea (7:45 pm).

STAFF: Cheryl Vallerie, Planning and Zoning

OTHERS: Geoff Steadman, Consultant to the Harbor Management Commission; Mr. Middleton; John Igneri

CALL TO ORDER

Dr. Pinto called the meeting to order at 7:35 pm.

APPROVAL OF THE MINUTES

The following correction was made to the minutes of July 28, 2004.

Page 5, third line, after Mr. Farrow insert the word “asked”.

** MS. CLARK MOVED APPROVAL OF THE MINUTES OF JULY 28, 2004 AS AMENDED.
** MR. CALLAHAN SECONDED.
** MOTION PASSED UNANIMOUSLY.

CHAIRMAN’S REPORT

a. Letter to George Wisker of CT DEP requesting guidance new developments on completing dredging Norwalk Harbor and request for new meeting with Norwalk Harbor Dredge Team.

Dr. Pinto indicated that Southport Harbor has been given permission to dredge their harbor before Norwalk; this was a critical factor in Norwalk’s dredge project. He referred to the last meeting of the Norwalk Dredging Team in Hartford when it was discussed that the material from Southport’s harbor was to be used to cap phase II dredging from Norwalk Harbor. He said they are now back to square one and have sent a letter to George Wisker to discuss this. In the meantime, Dr. Pinto said the Commission has done everything else possible to move the process forward including submitting the latest version of the Project Cooperation Agreement from the US ACOE to Corporation Counsel.

Mr. Callahan asked if they would start to loose money allocated for dredging.

Dr. Pinto replied that the money allocated for dredging could not be earmarked for other
projects. He said there should be $2.5 million total appropriated by congress before the end of this year which should be adequate to dredge the northern part of the harbor.

Mr. Steadman said that he had spoken with Mr. Wisker who had responded verbally and would also be doing so by letter.

b. Mid-Harbor Development Plan Completed.

Dr. Pinto announced that the mid-harbor plan is now complete, however the commission will still have an opportunity to comment through the Application Review committee.

Mr. D’Andrea joined the meeting at 7:45 pm.

c. Update of Maritime Rowing Club and permit application for repair of channel fender system of the MetroNorth RR Bridge.

Dr. Pinto commended Mr. Griffin and Mr. Ramsey for their efforts in bringing a meeting together with Maritime Rowing, the DOT and representatives from Blakesley where they came up with a workable agreement and solution for the Rowing Club to have access to the harbor during repair of the MetroNorth bumper guards and pilings.

Dr. Pinto added that on October 7, 2004 the Connecticut Harbor Management Association with be holding its annual banquet and the Attorney General of Connecticut will be the guest speaker.

COMMISSION ADMINISTRATIVE BUSINESS

a. Harbor Management Plan revision

Mr. Steadman indicated that he had spoken with Marcy Balint (DEP) about the plan and that it would be ready to send by the end of the week

COMMITTEE REPORTS

a. Web Page/Newsletter – Mr. Mobilia

Mr. Mobilia reminded commissioners that articles for the next newsletter are due to him by August 31, 2004.

b. Finance – Mr. Ramsey

Mr. Ramsey distributed copies of the current budget noting that they had received money from the Shellfish Commission for the Water Quality interns. He also noted that the funds have been transferred from the city’s account.

Dr. Pinto indicated that he had received an email from Cheryl Telesco regarding the missing invoices for April and May 2004; he added that he had asked her to send the invoices directly to the Commission.

c. Application Review – Ms. Clark

Ms. Clark thanked Mr. Ramsey and Mr. Griffin for all of their work regarding the Maritime Rowing Club saying that she thought the situation had been dealt with promptly and professionally.

Ms. Clark mentioned that she had been unable to attend the last Application Review committee meeting and referred to Mr. Palau who chaired the session..

1. 2004-12/2003-32: Graham Bluff Realty, LLC., c/o Rock Ledge Financial Center, 40 Highland Avenue, Rowayton for work at 53 Bluff Avenue, Rowayton.

Mr. Palau said that during the last meeting, one of the neighbors, Mr. Middleton had raised some valid points regarding what might happen in years to come. He said that they had discussed this and had considered that this was the purview of Planning and Zoning.

** MR. PALAU MOVED: THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FIND APPLICATION 2004-12/2003-32 BY GRAHAM BLUFF REALTY LLC C/O ROCK LEDGE FINANCIAL CENTER, 40 HIGHLAND AVENUE, ROWAYTON, FOR WORK AT 53 BLUFF AVENUE, ROWAYTON IS FOUND TO BE CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITION.

1. THE PROPOSED USE OF THE STRUCTURE IS CONTINGENT UPON ITS BEING CONSISTENT WITH ALL APPLICABLE CITY LAND USE POLICIES AND REGULATIONS.

** MR. CALLAHAN SECONDED.

Mr. Steadman said as history, the Commission wrote to the DEP about this application in January of this year and at that time they could not take any action but had their concerns transmitted about the application. The application has now been revised and is now out to public notice and they have proposed the same findings as they did in January.

John Igneri (neighbor) stated that they have new issues to bring to the attention of the Commission and also requested that the vote on this motion be postponed pending additional findings. He said they are going to ask for a public hearing as they have the acquired the necessary number of public signatures. Mr. Igneri said they are also challenging the application because there is Spartina (Spartina alterniflora) growing in the area where the dock is proposed. He said there are drainage pipes that come directly under the dock and have been there for many years. After speaking with the CFO of the company, Mr. Igneri suggested that the dock would be used for commercial use and if so it would need to be stopped now.

Mr. Middleton (neighbor) suggested there are two issues here, one is meeting the zoning criteria and the other is the infrastructure under the dock. He said the drainage pipes do not show up on the survey and this would make it incomplete. He suggested that the item be delayed until all the facts have been brought forth.

Mr. D’Andrea suggested that it was a concern that the drainage pipes are not shown on the survey.

Ms. Clark noted that in the past when new information has come forward, they have requested from the DEP that they take no action until clarification.

Mr. D’Andrea noted his concern from the Water Quality standpoint saying that he would not like to move forward with this until they have determined the conditions.

Mr. Steadman stated that when they review an application they have to presume that the information is correct; if it turns out that it is incorrect they can always go back. He said if there are legitimate problems then they will come out during the public hearing.

Mr. Palau asked what would make the dock inconsistent.

Mr. Steadman replied that the Spartina would be a valid concern.

Ms. Vallerie stated that this item would be before the Plan Review committee tomorrow evening.

Mr. Middleton distributed photographs of the area in question.

Dr. Pinto indicated that the comment period for this would end August 31, 2004.

Mr. Steadman said they could request an extension. He added that they should submit their comments this evening, just in case the extension is not granted and at the same time they should indicate that they have concerns based on new information.

** MR. PALAU MOVED TO AMEND THE MOTION BY ADDING THE FOLLOWING CONDITION:

2. IF NEW INFORMATION IS DEVELOPED AT THE PUBLIC HEARING THE COMMISSION RESERVES THE RIGHT TO REVISIT THIS MATTER AND RE-EVALUATE THE CONSISTENCY OF THE APPLICATION WITH THE HARBOR MANAGEMENT PLAN.

** MR. D’ANDREA SECONDED.

Mr. Cebrian stated that although they have a survey we have also received information that would change the outcome of the decision.

Dr. Pinto said if that is the case then the Commission has not been given the full information in the application which was signed by a state certified engineer.

There was discussion on the information contained in the application.

** MOTION PASSED SEVEN VOTE IN FAVOR, ONE ABSTENTION (MS. CLARK).

2. 2004-10: City of Norwalk Conservation Commission, 125 East Avenue, Norwalk – Review of draft Open Space Plan

Mr. Palau indicated that the Application Review Committee had discussed the Open Space plan and read the their prepared response.

** MR. PALAU MOVED TO APPROVE THE REVIEW OF THE DRAFT OPEN SPACE PLAN.

Dr. Pinto asked if there were any further comments from Commissioners.

Ms. Clark commented that she was pleased to hear the language included as it is consistent with that used in the Village District plans.

** MS. CLARK SECONDED.

Dr. Pinto thanked Mr. Steadman for his work on this. Mr. Palau concurred noting that Mr. Steadman had captured the spirit of their discussion during the Application Review Committee meeting.

** MOTION PASSED UNANIMOUSLY.

Mr. Callahan raised a point about bulkheads at Maurice Marine and if this application had come before the Application Review committee.

Dr. Pinto said that this illustrates their point about the importance of seeing all applications submitted to the DEP; he indicated that Connecticut Harbor Management Association would be having a meeting with about this issue during their September 7th meeting in Milford.

Secondly, Mr. Callahan referred to a newspaper article about the illegal dredging and subsequent construction on the shores of Calf Pasture Island. He suggested that a letter be written to the DEP requesting that any future dredging be denied and no further permits should be given to the island.

Dr. Pinto responded by saying that Mr. Callahan’s suggestions are well taken and that the commission make an appointment and speak with State Representative Robert Duff about this and the inconsistencies with the DEP.

Mr. Steadman explained the details of the dredging.

Dr. Pinto further suggested that this be discussed during Plans and Recommendations.

d. Boating and Harbor Safety

There was no report this evening.

e. Dredging – Mr. Steadman

Mr. Steadman said in response to Dr. Pinto’s letter about the amount of capped material, this is the material that would be needed for phase II of the project. No extra-capped material would be needed for the work about the bridge (phase I). He said the money for the dredging has been passed through the House of Representatives, but not through the Senate. He added that the space in the CAD cell is limited and (according to Mr. Griffin) the director of the DPW had contacted him asking about marinas needing to put contaminated material in the CAD cell as a result of being near a city storm drain.

Mr. Callahan asked about the issues regarding the Flounder.

Dr. Pinto said that the Flounder catch has increased this year.

Dr. Pinto noted that when he receives the response letter from Mr. Wisker they would endeavor to convene another meeting of the Norwalk Dredging Team.

Mr. Callahan said if the harbor silts in anymore and barges are unable to use it, he asked what the realty was about closing the harbor and barged material be delivered by trucks adding further to the congestion of I-95.

Dr. Pinto replied that Mr. Griffin has the authority to close the harbor as he works directly for the state DOT.

f. Mayor’s Water Quality – Mr. D’Andrea

Mr. D’Andrea said that it was brought to his attention that there was a meeting last night about connecting power cables to Manresa Island. He said that the plans are to air blast trenches across the Long Island Sound that are ~50 ft wide and ~15 ft deep adding that these trenches may be going through areas that may be contaminated since the DEP has not required any core samples to be analyzed for potential hazards. He said the cables may have been naturally capped with uncontaminated sediment over the years but since no testing has been required, we do not know whether contaminated soils lie beneath. As far as he knew, Mr. D’Andrea said this is a done deal between New York and Connecticut asking the question why the utility companies are not subjected to the same restrictions and conditions in the same way that the Commission with regard to dredging has been. He said that he was in search of more information about this as there is more involved with this.

Dr. Pinto referred to a letter from Mr. John Frank, Chairman of the Norwalk Shellfish Commission, indicating that if the Utility Company is planning to dig up the bottom of the Long Island Sound then they should be subjected to the same scrutiny and requirements that any dredging project gets.

Mr. D’Andrea said he was unsure about how many cubic yards of silt will be moved but he intended to draw a parallel on what Norwalk is trying to get out of the Harbor vs. how many hundreds of cubic yards will be displaced by air blasting these trenches to replace and/or remove power cable lines.

Dr. Pinto said this would clearly impact the dredging issue.

Mr. Steadman suggested that he contact the DEP to ask for the application.

There was a discussion of the previous application made by CL&P regarding this issue.

Mr. D’Andrea confirmed that the best move forward would be to obtain as much information on this as possible before taking necessary action.

g. Plans and Recommendations – Mr. Callahan

There was no report this evening.

h. Waterfront Advisories Committee

Dr. Pinto read the written report transmitted to him by Mr. Griffin. He thanked Mr. Griffin, Mr. Mobilia and Mr. D’Andrea for all the work accomplished that involved the dedication to ceremonies for Mr. Dunavan. He added that the money in the David S Dunavan memorial fund is there to help reimburse cost incur for plaques and materials; he asked Mr. D’Andrea and Mr. Mobilia to submit invoices for their “out of pocket” expenses.

NEW BUSINESS

There was no new business this evening.

STAFF REPORTS

a. Planning and Zoning – Ms. Vallerie

There was no report this evening.

b. Harbormaster’s Report

Dr. Pinto read the written report transmitted to him by Mr. Griffin.

** MR. CALLAHAN MOVED TO ACCEPT THE HARBORMASTER’S REPORT AS PRESENTED.
** MR. RAMSEY SECONDED.
** MOTION PASSED UNANIMOUSLY.

Mr. D’Andrea added that a commercial lobster boat had sunk in the harbor earlier in the month; after it had been removed, he had tested the water and found no residual diesel fuel. He thanked Norwalk Fire and Police Departments for their professionalism and immediate attention to this matter.

c. Consultant – Mr. Steadman

There was no report this evening.

OTHER COMMENTS

Dr. Pinto indicated that the position of Deputy Harbor Master expired on July 1, 2004 and Mr. Griffin has requested the support of the Commission in submitting names of three nominees. He said that Mr. Griffin had submitted three names along with letters of recommendation for each for consideration by the Commission – the three names were Clyde Mount, Brian Griffin and Vincent Poccograno.

Mr. Steadman read Section 15-1 of the Statute.

There was considerable discussion about the three candidates, their ability to carry out the duties of the deputy harbormaster, to work closely with the Harbormaster, and what was in the best interest of the harbor.

It was decided that the commission would submit a letter adjoining the names of the Commission’s three nominees supporting Mr. Brian Griffin with the caveat that the commission does recognize the familial relationship of Mr. Brian Griffin to the Norwalk Harbormaster.

ADJOURNMENT

** MR. PALAU MOVED TO ADJOURN.
** MR. RAMSEY SECONDED.
** MOTION PASSED UNANIMOUSLY.

The meeting was adjourned at 10:45 pm.

Respectfully submitted,

Kate Kye
Telesco Secretarial Services

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