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AUGUST 27, 2003

The Chairman called the meeting to order at 7.40 pm. Dr. Pinto noted that Mr. Callahan, Mr. Dunavan and Mr. Farrow would be absent from tonight’s meeting. He welcomed the newest member of the Commission, Mr. Ramsey.

APPROVAL OF MINUTES FROM JULY 2003 MEETING

The following corrections were made: page 6, second line, replace the word commodities with Commodores Group. In the last line replace the words "the man" with Mr. Griffin.

** MOTION PASSED UNANIMOUSLY.

CHAIRMAN’S REPORT

Dr. Pinto indicated that Mr. Mobilia, Mr. Griffin and Mr. Steadman had gone to the ACOE in Concord on August 4^th to discuss dredging of the harbor and the options of doing it in two phases, with the hope of "locking" the ACOE into dredging in the 2003 season.

Mr. Mobilia said they had gone there to get the "ball rolling" and said that he had received in the mail a fifteen-day public notice of dredging the harbor. He said from his perspective, it was an interesting meeting in seeing how the ACOE worked. Mr. Mobilia handed out a list of items covered during the meeting and read through it.

Dr. Pinto said that the EPA has not received certain data needed for planning the CAD cell that they were looking for, the core samples or any dialogue in the report submitted.

Mr. Mobilia said that Mr. Griffin presented a plan in that the dredging project is split; this year to do the northern half, that would include most of the contaminated material thereby making use of the current dumping site for the material from the CAD cell and in the fall of 2004 to dredge the other half --- from the Stroffolino Bridge south. He said the Corp listened and did have some problems with this because of the equipment they would have to bring back but they did say they would look into the costs involved.

Dr. Pinto said he had received word from the ACOE saying that it would take a couple of weeks to get the final figures for the cost analysis. Dr. Pinto continued to say that the City needed the figures for cost analysis for a couple reasons. One is that they have been asked for the project Co-pay agreement from the City to complete the CAD cell project and second is because the Corporation Counsel cannot complete this document until they actually get the figures from the ACOE. Dr. Pinto also reported that during his conversation with the ACOE that, if they receive a letter from Mayor Knopp stating that the City’s portion of the money for the project (currently in escrow) has been put aside, they can go ahead with the proposal.

Mr. Griffin said he had asked the ACOE about the modifications to the CAD cell and how they were going to use them and also if there would be any change in the city’s share of the handling of the project cost. Mr. Griffin said the reply he got was there might be a possibility that the price could be reduced.

Dr. Pinto said there is also the question of the capital appropriation from Congress that the Senate Committee has approved of $1 million for the project but the House has not placed any appropriations in their budget for the project.

b. Meeting with Marcy Balint of State DEP

Dr. Pinto reported that on Monday they had invited Marcy Balint down to discuss a few pending Items and the Harbor Management Plan; he said discussion was well received and appreciated and thanked Mr. Griffin using the Harbor Master’s boat for a tour of the Harbor to show Ms. Balint how the Harbor operates. Mr. Geoff Steadman was also in attendance.

Dr. Pinto said with regard to the NHMC Plan, they went over all of the points discussed by the Commission and in principle she agreed with all of the changes.

Mr. Steadman concluded by saying that it was good for her to come down to see what the harbor is like and agreed with the thought of Dr. Pinto that they invite other state representatives to have a tour, to see how the Harbormaster works and to get a good idea of what goes on in and around Norwalk harbor.

Dr. Pinto said this way they are developing a relationship with the DEP, working as an extension of them so they feel comfortable with remarks and comments with respect to the city’s goals and needs. Dr. Pinto commented that Ms. Balint had noted how much they appreciate the work by the Application Review Committee.

c. Norwalk Harbor Hometown Security meeting

Dr. Pinto said on July 30, 2003, Mr. Griffin had sponsored the first meeting of the harbor local emergency planning committee, which he considered to be well attended and it had the blessing of the Mayor.

Mr. Griffin said what they were attempting to do was to stitch all of the departments together and to try to help those that are short staffed to get a focus on the harbor. He said their goal would be to provide a module of the overall emergency plan of the city including as much information about the harbor facilities as possible. He also noted that they had put together a Steering Committee including members from the Fire, Police, Norwalk Shellfish Commission as well as the Harbor Management Commission.

Mr. Griffin stated that they had passed out a Facility Survey form that would provide details on the Harbor facility itself, he said they tried to get as much detail about personnel that would be involved with an emergency if it occurred. Lastly, Mr. Griffin said they wanted to try to evaluate the type of equipment that might be necessary in an emergency to reduce the time and impact to the harbor.

Mr. Griffin said that a lot of good things came out of the surveys and it was a very beneficial and well received meeting; they have also had positive input since the meeting.

Dr. Pinto said that it was Marcy Balint that reviewed the plan; she sent the guidelines and policies around to four or five different groups in her department and those comments they saw (about a month ago) were from those groups. Dr. Pinto said they have responded to all of those comments.

Mr. Steadman said Ms. Balint’s letter was dated June 20, 2003 and they had gone through all of her comments as detailed. He said there were two main areas of discussion. The first is that the NHMC has always considered violations in the harbor relative to the date the NHM Plan was adopted by the City. The DEP looks at it differently, their date is when the Connecticut Coastal Management Act was adopted in 1980. Mr. Steadman said they have to resolve those two dates. He said that after speaking with Ms. Balint they understand that the NHMC is not going to make any changes so they are going to keep the policy and reference the state’s 1980 dates. Mr. Steadman said the language would be slightly different so that the dates are recognized accordingly.

Mr. Steadman said the other topic has to do with consistency reviews in the permit section. He explained that the way the DEP read the language was that when the NHMC submits its consistency reviews, this was the final decision. Mr. Steadman explained that the NHMC is not the regulatory agency but they have authority to enforce regulatory decisions. He said that he had discussed the system; and DEP had understood the situation and no changes would be made.

Mr. Steadman said the subject had come up about the Commission being notified about permit applications in the harbor by the applicant. He said right now they have a good relationship and they do this, however, they are not required to.

Mr. Greene suggested (by law) that a copy of the application should be sent the Commission on the same day.

Mr. Steadman said that two other items had come up during the course of his conversation with Ms. Balint; one was that they designate a fair way either side of the navigation channel going through the inner harbor. The other issue was regarding the definition of transient boaters for mooring and anchoring purposes to stay over night or for an extended period of time.

Regarding the Plan, Mr. Steadman said he is going to prepare the final document and submit it for formal review.

COMMITTEE REPORTS

Web Page/Newsletter – Mr. Mobilia

Mr. Mobilia said the materials of the Harbormaster web page were sent to the City’s web master and he has everything and will get to this next week. Regarding the newsletter, he said, as soon as he receives all articles he will put it together in time for the State of the Harbor Meeting. He suggested they finalize a date for the meeting so it could be included in the newsletter.

Finance – Mr. Dunavan

Dr. Pinto stated that he had spoken with Mr. Dunavan and that as of Saturday and the Commission is up to date with its finances. He said there was an issue regarding the invoices from Telesco Secretarial Services and there had been a mix up about the City’s agreement to pay half. Because of this Mr. Dunavan had made half of the check out to City Clerk; he noted that this was a legitimate misunderstanding. He said Commission would be picking up costs from January 1^st to June 30^th totaling $758.75 for services. Dr. Pinto said he had called the controller’s office and the invoice that was sent for half will be made up for a full amount made out to Telesco Services.

Application Review – Ms. Clark

Ms. Clark said the first application; # 2003-14 is for Tiger Williams at 38 Shorehaven Road for the construction of tidal wetlands. She explained that this is a property with a long, narrow inlet from the Long Island Sound (she showed photographs), there is an existing pier, ramp and float that is to be removed. She said the composition of this area right now leaves a build up gases and is a mosquito breading area. Because they are near areas of grasses etc, with proper grading, this area could support a tidal wetland. Ms. Clark said the Committee looked hard at all the data and brought forth the following motion.

1. THAT ALL WORK SHOULD BE SUPERVISED BY A QUALIFIED WETLAND’S RESTORATION BIOLOGIST
2. THE EFFECTS OF THIS PROJECT BE CAREFULLY MONITORED AND EVALUATED OVER TIME.

** MR. PALAU SECONDED.

Mr. Palau asked what is there now. Ms. Clark showed the photographs showing a long area and the pier head and floating dock.

** MOTION PASSED UNANIMOUSLY.

Regarding the second application, 2003-15, Ms. Clark stated that it is an application by Robert Bloom for work at 120 Water Street involving replacement of a deteriorated bulkhead, seawall, installation of 500 sq ft of steel grading and the removal of some existing dock. Ms. Clark showed a plan of the area.

Mr. Griffin noted that the building at 120 Water Street was moving seaward and collapsing and was ultimately condemned. He said the entire water ward portion of the building is moving into the water and this proposal would prevent any further loss of land. He said it was a worthwhile project.

** MOTION PASSED UNANIMOUSLY.

Ms. Clark addressed the third application, 2003-16 is by Norwalk Land Co Inc., for work at 90 Water Street. She said this is for replacement of dilapidated timber bulkheads with steel sheetpiling bulkhead; the existing timbers now lean substantially water ward and have been filled in behind with blocks, rubble etc. She showed photographs. Ms. Clark explained that the application shows the location of the deteriorated bulkheads and gives the coordinates. She said in the area behind, there will be tiebacks and a tieback anchor wall installed 30ft landward.

Dr. Pinto said there would be no encroachment.

1. THAT BEST MANAGEMENT PRACTICES BE EMPLOYED TO ENSURE THAT NO DEBRIS ENTERS THE HARBOR OR OTHERWISE AFFECTS ADVERSELY THE HARBOR AQUATIC RESOURCES.

** MR. PALAU SECONDED.

Mr. Steadman indicated that the DEP are likely to tell the applicant this will require a full permit application. He explained that since the bulkhead is deteriorated there is an inner-tidal area behind it so there is vegetation there now. Mr. Steadman said they are going to evaluate all options regarding public access.

Mr. Greene stated that the DEP is totally wrong saying this is not a water-dependent use, he explained that any use that grants the public access is a water dependent use; he said this is in the state statute.

Mr. D’Andrea asked if there is a proposal to put in docks and will boats be allowed there. He said that would be the next logical step. Mr. D’Andrea asked if the provision for this could be made at a later date. Ms. Clark said he (the applicant) would have to make another application.

Ms. Steadman said they needed to refer back to the original site plan and letter for the approval of the walkway.

Dr. Pinto asked if they should indicate that their indications are based on the original COP. Ms. Clark said this could be added as a comment.

Mr. Steadman said they could refer back to a copy of their earlier letter.

** MOTION PASSED UNANIMOUSLY.

With reference to the fourth application, 2003-17, Ms. Clark said this is CAM application by 20 Point Road involving a single family residence with an existing seawall.

Ms. Clark addressed the fifth application, 2003-18, by Mary White, also a CAM application for construction of a single family residence, it has an existing seawall – no plans for any in-water constructions.

** MOTION PASSED UNANIMOUSLY.

Regarding the next application, 2003-19, Ms. Clarke stated that it was an application to CT DEP by Total Marine for maintenance dredging for the entire existing marina area, including the travel lift well. A total of roughly 8900 cu yards to a depth of –8 feet below mean low water. Ms. Clark explained that the dredged material is to be loaded onto a barge and disposed at the Long Island Sound disposal site. She showed the site plan.

Mr. Griffin stated that he was a little confused that the travel lift area was included with the COP because the city has maintained dredging in that area at its own expense. He noted that he was concerned because of the level of contaminates from the junkyard area. From his understanding, he thought some special procedures had to be taken.

There was some discussion about the separated areas of dredging in the harbor.

1. FOLLOWING COMPLETION OF DREDGING THAT ALL IN-WATER DOCKS AND STRUCTURES BE REINSTALLED.

Mr. Griffin noted that there was an issue with the docks and the pilings; he asked for the last line to include "in their original permitted location" in the event of encroachment.

Ms. Clark referred to the final application, 2003-20 and said they had been asked to look at the greater Wall Street area and one of the things that she noted was that to her pleasure and delight, that the people who put this together had made significant mention of the importance of the river and the harbor. Ms. Clark read a paragraph from the plan.

Ms. Clark said there are a couple of things that she wished to address and they are the Harborhead area and the Mill Hill area – they are areas of enhancing public access. She said another area they touched on, was storm water facilities, she said the Application Review Committee felt they would like particular mention of this not just to install the proper filters, chambers etc but also for the need for maintenance and it is something they would like to see this with more of a mention.

Ms. Clark said what they would like is a sense from the Commissioners of a letter they could send in support as they did with the proposals for the Village Districts. She asked Commissioners if they thought this to be appropriate action; a letter instead of a vote.

Dr. Pinto said this is not an application, it is a plan and they want to encourage developers that they support.

Dr. Pinto gave an overall explanation of the plan itself saying that they have a chance to make comment on the plan.

Boating and Harbor Safety – Mr. Farrow

Dr. Pinto stated that Mr. Farrow had informed him that one of the items that would be evolving from Boating and Harbor Safety Committee is the reinstatement fee for boaters.

Mr. Griffin was concerned which committee within the Commission would review this issue. Dr. Pinto said as this involved mooring, he thought it appropriate to go through Boating and Harbor Safety Committee.

Mr. Griffin said for the last couple of years, there is sometimes a lack of response for people to review in a timely fashion that means that their only downside is paying a differential of a $10 late fee or a $20 new application fee. He said that would not be the case in some areas where there is a long waiting list as in Norwalk they have no waiting list - they can cycle right back in. He suggested that they had a new line item of a reinstatement fee. He said the cost for this is incurred by processing a new application fee and bearing in mind the one day fine for leaving ground tackle in the water.

Dr. Pinto suggested that Mr. Farrow put together a package for the Commission to review next month.

Dredging – Mr. Dunavan

Dr. Pinto said that new information on this topic had been discussed previously by Mr. Mobilia. Ms. Clark said this is the most positive news they have had for a very long time.

Mayor’s Water Quality – Mr. D’Andrea

Mr. D’Andrea said the intern program has been completed and Dick Harris of River Watch/Harbor Watch of Earthplace in Westport is reviewing their final report.

Mr. D’Andrea noted that he had gone to Ascension Beach last week and seen metal debris from dismantled barge at low tide.

Mr. Greene asked if an attempt had been made to take it out. Mr. D’Andrea said he had thought so. He also said they have to figure out what to do next and suggested a letter to the DEP as it seems to be a reoccurring problem.

Dr. Pinto further suggested that it be a letter from the Commission itself as opposed to one committee.

Mr. D’Andrea said after speaking with Dick Harris, he had reported that the interns had done a superior job and was very satisfied with the work; he said they isolated three serious problems, two on the Silvermine River, one in Branchville Center. The one in Branchville Center had fecal counts of over 60,000; the approved limit is 200. The interns tracked it down to a dentist’s office. Mr. D’Andrea said above Silvermine Tavern, on a small farm called Silvermine Sanctuary, their fecal count ranges between 3,000-10,000 and on the Silvermine River there is another issue between 8,000-10,000. He said they would highlight this in the report and Mr. Harris will follow up with the DEP and submit everything to the Commission.

Ms. Clark suggested that the Health Department be contacted. Mr. D’Andrea said Mr. Harris is contacting them.

Mr. Palau asked what authority the interns had for going onto other people’s properties. Mr. D’Andrea said they are following the tributaries that go into the harbor and not entering private property; he said it was more of an obligation. Mr. Harris then follows up by contacting local health officials. There was a discussion about how Mr. Harris operates.

Mr. Palau asked how much the whole Summer Intern project had cost. Mr. D’Andrea replied that based on budget numbers, it would come in under budget – he stated that he would try to get an estimate for the next meeting.

Mr. D’Andrea concluded by commending OMI for keeping open during the black out.

Plans and Recommendations – Mr. Callahan

Dr. Pinto read the email sent by Mr. Callahan regarding aquaculture submerged growing ground platforms outside the Norwalk Harbor. He said he had a copy of the public notice showing the location and the design of the nets.

Waterfront Facilities Advisory – Mr. Griffin

Mr. Griffin handed out his report dated August 27, 2003 and read through it. He also referred to a letter sent to Nancy Lent regarding Marine Sewage Disposal Facility Funding from Diane Beltz-Jacobson, Corporation Counsel.

NEW BUSINESS

Mr. Greene noted that there is a barge with a house on it in the harbor; he noted that this is not necessarily an issue, but there is an application to put a house very close by (he showed the area on the map) and the applicant is also the owner of the house on the barge. Mr. Greene said there is a problem if the applicant decides to drag the house from the barge and put it on the plot of land. He said it could impact the tidal wetlands and that is where it would fall into the jurisdiction of the NHMC.

Dr. Pinto said this has to be discussed. Mr. Greene said they might want to document that it is there as a first step.

Mr. Greene said if they find out that he is planning to pull it ashore he would let the NHMC know.

Dr. Pinto asked if building on the water is an issue with regard to cutting, sawing, nailing and debris that ends up in the water.

Mr. Greene noted that people do work on boats in the water. He suggested that Planning and Zoning could write the applicant a letter saying that if he planned to move the house then he would have to check with DEP and the NHMC first.

Dr. Pinto further suggested that Mr. Griffin review it from the Harbor Master’s authority and evaluate the situation especially if the boat is sitting in the mud during low tide.

STAFF REPORTS

Planning and Zoning – Mr. Greene

There was no report this evening.

Harbormaster’s Report

Mr. Griffin distributed a copy of his report. He commented on their meeting with the Army Corp (as mentioned earlier) stating that Ed O’Donnell had informed him that until he was comfortable with the situation he would not go out to public notice and the fact that he has now done this is very positive. With the public notice now out, Mr. Griffin noted that it was only a fifteen day notice as opposed to the regular thirty day notice.

He thanked everyone for comments regarding Marcy Balint’s harbor tour and agreed with earlier comments made about the positive effects of this.

Regarding the deposit made this month, Mr. Griffin said not all deposit forms had reached the Commission last month, but he noted that he had reconciled them and handed a copy of all relevant details to Dr. Pinto for distribution to Mr. Dunavan.

Mr. Griffin commended Ms. Clark for her presentation of Application Review.

Dr. Pinto asked Mr. Griffin about some donations that had been made. Mr. Griffin replied that this has happened when people have over-paid, he had called them to inform them of this and as a result they have told Mr. Griffin to donate the money to the harbor management fund. Dr. Pinto noted that there were $70 worth of donations.

Consultant – Mr. Steadman

There was no report this evening.

OTHER COMMENTS

Dr. Pinto welcomed Mr. Ramsey and explained the committee process.

ADJOURNMENT

** MR. PALAU MOVED TO ADJOURN

** MR. D’ANDREA SECONDED.

** MOTION PASSED UNANIMOUSLY

The meeting was adjourned at 10.45 pm.

Respectfully submitted,

Kate Kye

Telesco Secretarial Services

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