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HARBOR MANAGEMENT COMMISSION

MAY 26, 2004

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

OTHERS: Mike Griffin, Harbormaster; Geoff Steadman, Consultant to the NHMC; Steven Nezas; Jim Bajek.

CALL TO ORDER

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

PUBLIC HEARING

Mooring Rules, Regulations and Reinstatement Fees

No members of the public wished to comment.

APPROVAL OF THE MINUTES

** MS. CLARK MOVED APPROVAL OF THE MINUTES OF APRIL 28, 2004 AS AMENDED.
** MR. FARROW SECONDED.

The following correction was made:

Page 2 under the report on the web page; it should indicate that new commisson members have been added to the web page; it would also reflect the fee changes at the boating center at Veteran’s Park.

** MOTION PASSED UNANIMOUSLY.

CHAIRMAN’S REPORT

a. Update on Mid-Harbor Development Plan

Dr. Pinto indicated that during the next meeting (June 10, 2004) they hope to have this plan 90% complete. He added that if anybody wished to attend it would be in the Community Room at 5:00 pm and 7:30 pm respectively. Dr. Pinto thanked Mr. Steadman for providing the aerial photographs for the project that were specifically requested by Chan Kreiger Assoc., developers of the Plan.

b. Information on ACOE regarding barge to Norwalk Harbor Energy

Mr. Steadman said that he had spoken with Karen Umbrell, an economist at the ACOE who is putting a document together about the economic value of Norwalk Harbor.

Mr. Ramsey joined the meeting at 7:45 pm.

Dr. Pinto said that he had contacted Les Ross, the plant engineer at Norwalk Harbor Energy. He was very helpful about the usage of barges and also gave some worthwhile information regarding barge traffic. He also spoke about less oil being transported per barge and also the concerns of the insurance companies if the harbor is not dredged and barges should run agound.

Mr. Griffin added that he too had received a telephone call from Ms. Umbrell saying that she had asked him about any ferry services in the harbor. He had replied that although there is no ferry service as such there is a boat that goes out to Sheffield Island.

Mr. Griffin stated that he had also received a telephone call from Senator Lieberman’s office regarding his (Mr. Griffin’s) statement about the closing of Norwalk Harbor. Subsequently he received a press release and a letter from Senator Lieberman’s office, both of which he read and handed the letters to Dr. Pinto for the record.

c. Review of Splash! Weekend dedication to David Dunavan held at the Norwalk Museum

Dr. Pinto said that several of members of the Harbor Commission had attended the opening ceremony of the Splash! Weekend that was dedicated to Dave Dunavan. Mrs. Dunavan was there along with the Mayor who gave an excellent presentation and opening comments. Dr. Pinto said that the event went very well for a very deserving former commissioner.

COMMISSION ADMINISTRATIVE BUSINESS

a. Harbor Management Plan revision status

Mr. Steadman indicated that he a little more work to do on chapter one.

b. Pending outcome of public hearing, finalizing any proposed changes to mooring rules and regulations prior to submission to Parks and Recreations committee

Dr. Pinto said they would keep the public hearing open for another twenty minutes to allow time for anyone to come in and make any comments regarding Mooring rules and regulation changes.

COMMITTEE REPORTS

a. Web Page/Newsletter – Mr. Mobilia

Mr. Mobilia said the deadline for the next newsletter is August 31, 2004 and that he would be emailing suggestions for topic to commissioners.

b. Finance – Mr. Ramsey

Dr. Pinto submitted a bill for the two boxes of Commission letterhead and envelopes.

Mr. Ramsey distributed copies of this month’s budget, noting that anything he receives after the monthly meeting will go into the following month’s budget. He went through the figures for May 2004 noting that there was an error in that the consultant’s fee - it did not carry over. Mr. Ramsey said he had spoken to the budget office about requesting the city’s grant to the Commission; he asked if he needed to make a request for the money to be transferred. Dr. Pinto replied that the fiscal year for the city starts July 1 and the Commission must submit a letter to the comptroller at that time to request transfer of fund to the Commission’s account.

Mr. D’Andrea asked about the grants for the water quality interns from last year. He added that they would have some resolution from the Shellfish Commission this week about a grant for this year’s interns.

c. Application Review – Ms. Clark

Re-evaluation/discussion of 4/40 dock (DEP-LIS-GP-001) proposal for 4 Seaside Place, Norwalk, Ct. Proposal involves constructing a private residential dock with the following characteristics: (1) 4’x24’ timber pile supported access way (11’ +/- waterward of mean high water line); (2) 3’x20’ aluminum access ramp; (3) 7’x14’ float with 2 support piles and one tie-off pile.

Ms. Clark indicated that this application had come before the Commission last month and they had passed a resolution with a condition that no vessel is to be docked on the channel face of the floating dock so as to encroach into the 10 ft setback. After the letter had been written they were contacted by the applicant’s agent on this proposal, Mr. Bajek who said they had compelling reasons for the Commission to take another look at the application. Ms. Clark said in the interest of time she was going to bring forth the motion made at committee level and then open it up for questions and comments. She indicated that both Mr. Nezas and Mr. Bajek were present.

** MS. CLARK MOVED THAT THE APPLICATION REVIEW COMMITTEE HAS REVIEWED THE APPLICATION BY STEVEN H & DEANNE L NEZAS FOR WORK AT 4 SEASIDE PLACE, EAST NORWALK INVOLVING A 4/40 DOCK APPLICATION AT A PRIVATE RESIDENCE AND FINDS THE APPLICATION IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITION:

1. THE COMMITTEE RECOGNIZES THAT THE PROPOSED STRUCTURE IS BOUNDED CLOSELY ON THE NORTH AND SOUTH BY EXISTING DOCKS THAT EFFECTIVELY DETERMINE THE NAVIGATIONAL LINE OF SIGHT IN THE FEDERAL CHANNEL AT THE SITE OF THIS PROPOSED DOCK. AS A RESULT, THE COMMITTEE RECOMMENDS A SPECIAL EXCEPTION TO THE 10 FT SETBACK REQUIREMENT BE MADE WITH RESPECT TO THE APPLICATION.

** MR. PALAU SECONDED.

Ms. Clark showed a plan of the site and she noted that the application also had photographs of the channel. She said there are closely abutting docks on both the north and the south side of this proposed plan. The dock to the south has been there for many years and is virtually on the channel line; the dock to the north is setback from the federal line. Ms. Clark said they had looked at a number of photographs and Mr. Bajek did point out at the area south of the applicant’s proposed application is only 125 ft wide, but up at the area where the dock is proposed the channel is widened to 155 ft wide. The slightly over 50 ft distance between the abutting docks to the north and south means that a boat of modest size will lie behind any line of sight. She said they wrestled with this question, wanting to maintain the consistency they had with regard to the setback requirements throughout this area, but as they looked at the photographs, they became more and more convinced that indeed there were grounds for a special exception in this one instance because of the existing encroachments.

Mr. Cebrian said it was his understanding that during the last meeting the issue was that the dock would come out to within 2 ft of the channel.

Ms. Clark replied said the dock said it was 12 ft. The dock to the south is closer to the channel. The distance between the docks is 27 ft and so it is very close.

Mr. Steadman said in their letter they had recommended that the applicant look at alternatives and to also look at a re-design of the structure. The applicant’s designer, Mr. Bajek had responded by saying that it would not be practical for a re-design and the owners were not interested in moving as they want access to navigable water.

There was discussion about the docks to the north and south and what would happen if the dock to the north was damaged or destroyed.

Mr. D’Andrea referred to the previous meeting, the configuration has not changed at all, their concerns with the setbacks and the precedents that were set have not changed.

Dr. Pinto reviewed the letter that was sent previously to the DEP.

Mr. D’Andrea said at the time he thought this was a compromise; he said nowhere in the Harbor Management Plan does it say they will guarantee you the right to have access to the water. He said he was concerned about the precedent this would set.

Mr. Bajek showed a blow up of their plan. He said the size of the boat shown was the maximum size (27 ft) as a worse case scenario. They envision a special situation here. If any of the docks get destroyed they will be re-built and the two structures are legitimate.

Mr. Griffin said when they listen to the presentation the concern of the commission is the possible change of ownership of the property and the future use of the property. They have no guarantee of how that dock will be used in the future.

Ms. Clark said one of the factors that they considered was the reality of this site and the distances involved between the existing, permitted structures, both north and south by themselves – by the time boats are on both of those structures you are effectively limiting the size of anything that could go on this 14 ft dock.

Mr. Griffin said given their concern about setting a precedent; he said the Commission is not the permitting agency. He said isn’t it a fact that the responsibility of this commission lies within keeping within the state approved Harbor Management Plan. He said DEP would have the job of issuing or denying the permit and if any special exception was to be made, it must be made by the permitting agency, the DEP. Mr. Griffin said it was his understanding that this commission should be stating that this dock or future applications are consistent or inconsistent with the Norwalk Harbor Management Plan. He said that he did not believe that a special exception belongs in the commission’s purview.

There was discussion on the duties of the commission.

** MOTION FAILED SIX VOTES OPPOSED (MR. FARROW, MR. D’ANDREA, MR. RAMSEY, MR. MOBILIA, MR. CEBRIAN, DR. PINTO) TWO VOTES IN FAVOR (MS. CLARK, MR. PALAU) ONE ABSTENTION (MR. CALLAHAN).

Dr. Pinto indicated that in light of the motion failing they would revisit the original motion made during last month’s meeting.

d. Boating and Harbor Safety – Mr. Farrow

Dr. Pinto closed the public hearing. He said the time line for this is that they will draft a cover letter to Parks and Recreations Committee (Mike Mocciae) to go on their agenda; with a request that it is forwarded to the Common Council for the June 22, 2004 meeting.
** MS. CLARK MOVED TO ADOPT THE RULES, REGULATIONS AND REINSTATEMENT FEE AS SUBMITTED.
** MR. D’ANDREA SECONDED.
** MOTION PASSED UNANIMOUSLY.

e. Dredging – Mr. Steadman

Mr. Steadman noted that he was in Albany, NY regarding the decision their findings. He said a final decision is going to be made on June 5, 2004. The ACOE did a survey of depths in the harbor and found more sedimentation than during the last time so the amount of material to be disposed of has increased including the amount to be put in the CAD cell.

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

Mr. D’Andrea read a letter from Joe Schnierlein regarding the MYSOUND oxygen salinity monitor at the Maritime Center (Hope) Dock. He said they spent three hours today re-calibrating the meter, they all learned the process so they now have real data from the water. This is a probe that is permanently stationed at the Hope Dock and is available to everyone on the MYSOUND website.

Dr. Pinto said the probe monitors the oxygen and salinity content in the water and for about three weeks now the Shellfish Commission has been greatly concerned about the rapid fall in oxygen and salt levels. What that suggested that there appeared to be a volume of fresh water that was circulating around the harbor that had low oxygen content.

Mr. D’Andrea said now that the meter has been calibrated however it was not so far off before. He said they are now going to calibrate this every two to three weeks and then move forward with the data. He thanked the Maritime Center for all of their help.

Regarding the interns, Mr. D’Andrea said he would like to hire them this week but he was not sure of the availability of funds.

It was the opinion of the Commissioners for Mr. D’Andrea go ahead and hire the interns this week.

There was further discussion on the monitoring equipment.

Mr. Ramsey suggested that they check the power sources in the area to make sure that is not the reason for the cause of the spikes shown.

g. Plans and Recommendations – Mr. Callahan

Mr. Callahan said they are looking at sites where people can launch non-motorized vessels.

h. Waterfront Facilities Advisory – Mr. Griffin
Mr. Griffin distributed his report of the meeting and read through it.

Regarding the plans for the boating center, Mr. Mobilia said he was working closely with Mr. D’Andrea on the signs. He showed mock-ups of the proposed new signage and dedication Plaque with its commemorative inscription to Dave Dunavan.

Mr. Griffin indicated that the dedication would be on July 10, 2004 and approximately two weeks after that date they would hold a memorial at the beach.

Dr. Pinto commended everyone involved with the dedication ceremony for their diligence and attention to details.

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

Mr. Griffin distributed copies of the Harbormaster’s report. He submitted the postage report to Mr. Ramsey. He spoke about the houseboat funded by Bet Midler and the complications regarding the floating device.

** MR. MOBILIA MOVED TO ACCEPT THE HARBORMASTER’S REPORT.
** MR. PALAU SECONDED.
** MOTION PASSED UNANIMOUSLY.

c. Consultant – Mr. Steadman

There was no report this evening.

OTHER COMMENTS

There were none this evening.
ADJOURNMENT

** MR. PALAU MOVED TO ADJOURN.
** MR. D’ANDREA SECONDED.
** MOTION PASSED UNANIMOUSLY.

The meeting was adjourned at 9:45 pm.

Respectfully submitted,
Kate Kye, Telesco Secretarial Services

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