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HARBOR MANAGEMENT COMMISSION

JANUARY 28, 2004

ATTENDANCE: Dr. John Pinto, Pat Clark; Henry Palau; Tony Mobilia; Richard Ramsey; Jack Callahan; Jason Farrow; Jose Cebrian

OTHERS: Mike Griffin, Harbormaster; Geoff Steadman, Consultant; George Middleton

CALL TO ORDER

Dr. Pinto called the meeting to order at 7:35 pm and welcomed Mr. Cebrian to the Commission.

APPROVAL OF THE MINUTES

** MR. FARROW MOVED APPROVAL OF THE MINUTES OF NOVEMBER 19, 2003 AS AMENDED.
** MS. CLARK SECONDED.

The following corrections were made to the minutes of November 19, 2003.

Page 5, in the body of the motion it should reflect that the application was not consistent with the Norwalk Harbor Management Plan.

** MOTION PASSED UNANIMOUSLY.

** MS. CLARK MOVED APPROVAL OF THE MINUTES OF DECEMBER 16, 2003 AS PRESENTED.
** MR. PALAU SECONDED.
** MOTION PASSED UNANIMOUSLY.

CHAIRMAN’S REPORT

A. Plans and letter on naming Boating Center at Veteran’s Park the David S. Dunavan Boating Center.

Dr. Pinto stated that this matter had been discussed during the last Parks and Recreations meeting; it was then forwarded to the Common Council where it was unanimously approved. He also commented that Mrs. Sally Dunavan, himself and Mr. Mobilia had attended the meeting of the Common Council when the Mayor and other members had spoken of the work Mr. Dunavan had done. Dr. Pinto reported that he had received a kind letter from Mrs. Dunavan thanking him and Mr. Mobilia.

Dr. Pinto also referred to the photograph that they had donated to the Mayor’ Ball and read the thank you letter that he had received. Dr. Pinto handed out the photograph of Mr. Dunavan and suggested that the Commissioners sign it and they hang it in the boating center.

Dr. Pinto reported that he had received a letter from Walter Briggs of the Planning Commission inviting him (and another) to attend the meeting on the Mid Harbor Development. Dr. Pinto asked Mr. Griffin to attend.

B. Meeting with US Army Corp of Engineers

Dr. Pinto stated that he, Mr. Steadman, Mr. Griffin and Mr. Mobilia had attended a meeting with the ACOE regarding the dredging. He stated that although they have received their permit, more information is still required with respect to the tonnage, as they have to acquire the value of the harbor.

Mr. Griffin commented that the ACOE gather their information based on the movement of commerce in the harbor. He also noted that there has been a significant fall off and it was urgent that they provide favorable numbers.

There was discussion about the barges/movement on the harbor.

Dr. Pinto also stated that they required information from the DPW with respect to the cables that run under the Long Island Sound.

C. Letter for reappointment of Harbormaster.

With regard to Mr. Griffin’s reinstatement, Dr. Pinto stated that they had sent a letter to the Governor’s office in support of another four years of service from Mr. Griffin as Norwalk’s Harbormaster.

COMMISSION ADMINISTRATIVE BUSINESS

A. Nomination of Commission Officers for 2004

Dr. Pinto called upon Mr. Callahan for nominations of officers for 2004.

Mr. Callahan said he had the pleasure of presenting the nominations for 2004:

Chairman – Dr. John Pinto
Vice Chairman - Tony Mobilia
Secretary - Henry Palau

Mr. Callahan asked if there were any further nominations. There were none. Mr. Callahan formally closed the polls and congratulated Dr. Pinto, Mr. Mobilia and Mr. Palau.

** MR. FARROW MOVED THAT THE SECRETARY BE DIRECTED TO CAST A SINGLE VOTE FOR THE ENTIRE SLATE.
** MS. CLARK SECONDED.
** MOTION PASSED UNANIMOUSLY.

Dr. Pinto thanked everyone for their vote of confidence and hoped that this administration would carry forward this Board forward into the 2004 year. He hoped that get the plan settled this year also that they get the dedication for Mr. Dunavan done at the boating center.

Mr. Mobilia thanked everyone and said they should all say a prayer for the dredging to get done.

B. Committee Assignments

Dr. Pinto asked if everyone felt satisfied with their various committees; he handed out the committee structure. Dr. Pinto referred to the new treasurer, Mr. Ramsey who was appointed last month but said he would be happy to keep everyone else as they were.

Mr. Farrow asked if they as Commissioners could attend other meetings. Dr. Pinto said they were all open to the public.

C. 2003 Annual NHMC report

Dr. Pinto said the NHMC report is coming up and said it is basically their resume on what they have accomplished this year. He asked each committee chairman to put together a brief summary on the items accomplished and to send it to him by email.

D. Status of Harbor Management Plan Revision

Dr. Pinto suggested that the 2004 year be a big push for the Commission to get this lined up.

Mr. Steadman suggested that they do one last review and then send it off.

Dr. Pinto proposed that they be more pro-active, to set some rules and regulations; for example transient boaters, dock size, mooring rules etc. He said that they play a leadership role with regard to a lot of their policies and to get things really established. He asked Commissioners to start thinking about things they could do, to come up with their own plan.

COMMITTEE REPORTS

A. Web Page/Newsletter – Mr. Mobilia

Mr. Mobilia said he had three articles and that he had received a very good one, including a photograph from the Marine Police. He said he wanted to have the newsletter out by the end of February and asked for the remainder of the articles to be with him by the weekend.

With regard to the website, Mr. Mobilia stated that this was updated before the holidays and that he would go back and update it again.

B. Finance – Mr. Ramsey

Mr. Ramsey said their annual application for a city grant was approved, a mirror of last year. He said he had met with Mr. Iannaccone in the controller’s office and discussed placing each item that relates to the fiscal year, in that year as part of the closing statement so they can have a carry over figure into the next year. He said right now he has a statement that includes some last minutes submissions.

Mr. Ramsey said he has a draft of the budget, again a mirror of last year’s and asked for any comments or suggestions.

Mr. Callahan said he had a Plans and Recommendations meeting last week and had requested that a secretary not be present, however one had showed up at the meeting. Dr. Pinto said he would follow up on this.

There was a discussion on when it would be appropriate to have a secretary present during the meetings.

Dr. Pinto had a copy of the Planning and Zoning budget and stated that this Commission would now have to function without staff attendance any longer.

Mr. Griffin said for the record that Mr. Mobilia was with him when he spoke to Parks and Recreations about the plaque for Mr. Dunavan. He stated that he had spoken with a representative from the Splash weekend and perhaps dedicating Mr. Dunavan. Also that he had spoken with the assistant fire chief about disposing of the ashes. Regarding the cables he said that utilities come into the harbor and go back out again and these have to be identified.

C. Application Review – Ms. Clark

Ms. Clark said she had two items on her agenda this week, the first one is a carry over that most commissioners heard in its original form.

1. 2003-32 Graham Bluff Realty, LLC, 333 Ludlow Street, Stamford CT att Paul Sedlack. Revised proposal by Docko, Inc. for work in Wilson Cove for construction of a docking facility.

Ms. Clark recused herself.

** MR. PALAU MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS APPLICATION BY GRAHAM BLUFF REALTY, 333 LUDLOW STREET, STAMFORD, CT FOR WORK IN WILSON COVE FOR CONSTRUCTION OF A DOCKING FACILITY AND FIND THE REVISED APPLICATION TO BE CONSISTENT WITH THE NORWALK HARBOR MANAGEMENT PLAN AND RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITION:

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

** DR. PINTO SECONDED.

Mr. Palau pointed out that the original proposal had called for the placement of seven sets of dolphins. The representative of the applicant saw that it was not going to be well received and he volunteered to take it back to the client and to re-work it. He has now come back with a revised proposal that would eliminate seven dolphins and in their place put in one braced pile that will sit 20 ft north of the float. Mr. Palau said it was their opinion that greatly reduces the likelihood that this pier can be used for significant mooring of large boats.

Dr. Pinto said he thought it important to point out that this is a docking facility in a residential location of a commercial company. The dock is in compliance; they had issues with regard to a company allowing access to all of their employees to this through a residential area.

There was discussion of the wording used in the condition.

Mr. Middleton stated that he was a neighbor of the applicant and explained that there are two different companies under one name. He said if these companies merge in the future doe those employees also get to go through Wilson Cove; he suggested they were opening a wide door.

** MOTION PASSED UNANIMOUSLY.

Ms. Clark re-joined the meeting.

2. 2004-01: Geoffrey Beringer, 55 Roton Avenue and Roger Smith, 57 Roton Avenue. Joint application by two adjoining property owners for work in Farm Creek, Rowayton. The proposal involves two activities; first installation of a 22’ ramp and 6’x32’ floating dock anchored by two pilings for shallow draft recreational vessels’ second, repair and reconstruction of deteriorated existing seawalls on the banks of Farm Creek, and the construction of 21’ extension to the seawall on the Smith property, all of which is to provide erosion control along the waterfront.

Ms. Clark said the joint owners are family members.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FIND APPLICATION BY GEOFFREY BERINGER AND ROGER SMITH, 5/57 ROTON AVENUE AND FIND THAT THE APPLICATION IS CONSISTENT WITH THE NORWALK HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION.

Ms. Clark showed a map of the area, pointing out that this is not in an area of water traffic and it is also an area of tidal creek. She said the seawalls are largely in place now; they have just deteriorated and crumbled. Ms. Clark showed on the map where the ramp and floating dock would be placed.

** MR. PALAU SECONDED.
** MOTION PASSED UNANIMOUSLY.

E. Dredging – Dr. Pinto and Dredging Committee

Dr. Pinto stated that they had met with the ACOE and there are still some things in the wings that have to be completed.

Mr. Steadman said they need some information on the utilities in the harbor; they will use this information when they make their case on why they need the rest of the money. If that fall through, they will have to write to the congressman to ask for additional funding.

Mr. Steadman mentioned that when they went to Concord to meet one of the positive points was that the ACOE want to get the job done. One significant aspect they spoke about is that the ACOE are proposing to use the Western Long Island Sound disposal site as a back up; he noted that that is a problematic development. He said there was some concern that the EPA would come back and request that more tests be done; he added that they are waiting to hear back. Mr. Steadman went onto say that another issue with regard to starting work in August is that there is a rainfall restriction; this specifies if it rains more than half an inch in six hours then they have to shut down. The final issue is with regard to the DEP stating that they never discussed the disposal of the material in the CAD cell, this is something that needs to be worked out regarding the language used.

Mr. Griffin pointed out that Mr. O’Donnell had pointed out during an earlier meeting that they would not enter into an agreement with the rainfall condition in place as he had worked the cost out to be $20,000 a day.

Dr. Pinto said there is also the other issue about what is being dumped in the harbor from the I-95 Bridge.

D. Boating and Harbor Safety – Mr. Farrow

Dr. Pinto reiterated his earlier point about being pro-active on their policies and coming up with their own language. He suggested that they get some language definitions on transient moorings and boaters. With regard to the issue of the reinstatement fee; the fines that are levied; this is only something Mr. Griffin can use as a warning as there is no recourse as they have no authority from the state to do anything.

Mr. Callahan said that there are a couple of boats stuck in ice at the moment and asked if they could be prohibited.

Mr. Griffin replied said that historically they found there is no system to be able to moved thing along to clarify them. He said fundamentally he has used common sense.

There was discussion on the boats in the harbor and the practices used with regard to permits etc.

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

There was no report this evening.

G. Plans and Recommendations – Mr. Callahan

1. Lighting at Calf Pasture Beach Ball Park
2. Commercial bulkheads
3. I-95 bridge run off and its environmental impact to Norwalk Harbor
4. Private and commercial oil and grit separator maintenance programs

Mr. Callahan said they had discussed the above four topics during their last meeting. With regard to the lights, they are a problem not only because of the glare, but also for boating safety when coming into the harbor. He said they suggested this goes to Boating and Harbor Safety Committee. On the subject of the I-95 run off, Mr. Callahan said they suspected that the thirty open drains to the river have been a problem for some time. He said this item will go to Water Quality so that the summer interns can investigate this further. Mr. Callahan stated that on the topic of oil and grit separator, no maintenance programs are held by the city of Norwalk so they will have to see where they are and check up on the maintenance.

Dr. Pinto asked if they should come up with some language to hand over to the DPW with regard to the maintenance program.

Mr. Callahan suggested that the DPW would not do anything about this until they have finished their evaluation of the sweeping of the streets.

Regarding bulkheads, Mr. Callahan said when they are deteriorated soil starts running into the harbor and at that point they may be able to start some kind of enforcement.

Dr. Pinto suggested they come up with a definition of bulkhead remediation that gets put in the plan.

Mr. Griffin suggested that a letter be written the Connecticut Harbor Management Association to get this on their agenda for 2004/05.

H. Waterfront Facilities Advisory

Mr. Griffin went over the main topics of their meeting including that he was still working with Mr. Mocciae (Parks and Recreations) for low amp dock lighting. Also with parks and recreations they have been looking into the use of a credit card machine. Mr. Griffin stated that he had attended the Norwalk Shellfish Commission meeting in January and recommended that a meeting be set up with the dredging committee and John Frank to make sure that they are all on board and on the same page with regard to the disposals sites.

NEW BUSINESS

There was no new business this evening.

STAFF REPORTS

A. Planning and Zoning

There was no report this evening.

B. Harbormaster’s Report

Mr. Griffin distributed his report and read through the main points.

Mr. Griffin requested that a letter be sent to Ed Prescott from the Commission to thank him for playing at Mr. Dunavan’s memorial service.

** MR. CALLAHAN MOVED APPROVAL OF THE HARBORMASTER’S REPORT
** MR. PALAU SECONDED.
** MOTION PASSED UNANIMOUSLY.

C. Consultant

There was no report this evening.

OTHER COMMENTS

There were no other comments this evening.

ADJOURNMENT

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

The meeting was adjourned at 10:35 pm.

Respectfully submitted,

Kate Kye

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