SHELLFISH COMMISSION MEETING MINUTES


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April 5, 2007
CALL TO ORDER 7:05 PM

ATTENDANCE
Commission: John Frank, Jack Casagrande, Dr. Serena
Staff: Tom Closter
Police: Sgt LaPak (called, unable to attend)
Advisory: Harbormaster Mike Griffin
Guest: Tim Pramer, John Jinishian, Lucy Jinishian, Patricia Harter

MINUTES OF LAST MEETING
February minutes: Accept by Mr Casagrande, 2nd by Dr Serena

TREASURER
Comm. Johnson not present. Report taken from comptroller data.

NAME DATE AMOUNT REASON

BALANCE 1-31-07 $26,134.26
DEPOSIT interest January. $98.00
interest February $94.00

EXPENSE Telephone February ($64.69)
Travel (Frank) February ($184.50) BROADWATER
Silvermine press permits ($334.00)
Police OT 2-5-07 ($147.14)
Police OT 2-9-07 ($109.92)
Police OT 2-26-07 ($54.96)
Police OT 3-6-07 ($109.93)
Police OT 3-12-07 ($101.05)
Police OT 3-16-07 ($257.07)
Police OT 3-23-07 ($109.93)
Police OT 3-30-07 ($614.35)

BALANCE 3-31-07 $24,238.72
BALANCE a year ago 3-31-06 $20,543.41
BALANCE two years ago 3-31-05 $16,986.31

SECRETARY
Commissioner Frank reports invitation to participate in program at Sound School in New Haven on April 28. “A Gathering of Shellfish Commissions”. Commissioners can carpool with Comm. Frank. Comm. Serena, Casagrande, & Frank plan to attend, Comm Johnson & Bartoli will be invited.

Picture from page 14 of Coast Guard report on Broad water, “LNG Anticipated Transit Route and Hazard Zones”, showing estimated limits of fire hazard zone in the event of a LNG gas release, was passed around the table and discussed briefly. It shows ten mile wide circle around gas plant mooring tower with tanker transit route hazard zone shown as 9.4 miles wide. Parts of
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upland CT, RI, & NY are within Hazard zone. Mr Frank emphasized the fact that zone is estimated, based on never-tested assumptions used for computer modeling. Coast Guard relied, to a great extent, on report of Scania Laboratory which starts with disclaimer that there is no experience anywhere in the world on which to base assumptions used in their modeling as nothing like Broadwater has ever been done.

4th revised design on Girourd application, which was used as example of bad design, in presentation to Comm. McCarthy, has been received. Changes are; applicant has withdrawn request for ramp and floating dock extending 98 ft off his property and now requests 80 ft pier
with boat lift alongside last 15 ft of pier. Comm. Frank has spoken with Mr Hilts, applicant’s agent and project designer, and length of pier is necessary to bridge over large rocks extending
out about 60-65 ft off property line so that boat will not hit rocks. Comm. Frank believes design is reasonable for a difficult site and urges favorable comment, but Comm. Bartoli and Johnson have concerns about the length of the pier and intend to visit site at low tide before they decide. Commissioners present agreed to submit favorable comment, if Comm. Bartoli and Johnson agree, after site visit.

Revised plans for docks at #5 & #7 Seabreeze place, (Muro & Konstatin) also cited in presentation to Comm McCarthy because design includes long periods of dock and boat on bottom, have been received. Revision features same basic dimensions. Pier length is dictated by need to bridge over extensive growth at site. Floats and attached boats will rest on pile supported bench structure rather than on bottom. Site is in prohibited area and beds there are only valued as nursery for shellfish. Use of boats will be limited by lack of water for hours at low tide, possibly several hours before and after each low tide cycle. Comm. Serena asks about life cycle of material used for benches and how maintenance will be guaranteed. He is concerned that bench structure will fail and dock and boats will rest on shellfish bed. That issue will be raised in favorable comment, possibly asking for bond of some kind.

Pier, ramp and dock for O’Connor at 12 Nathan Hale Drive have been reviewed and seem reasonable for the site. Pier is 29ft, with 34ft ramp and 8 x 20 floating dock in about 3.5 ft of water at low tide. Site is on shellfish bed, conditionally open, and there is private leased bed very close to shore. If there is no encroachment on that bed, favorable comment will be submitted. If there is encroachment, design change will be requested. Owner of that bed is believed to be Norm Bloom and he will be contacted before any comment is submitted.

Ms. Patrica Harter of 7 Gregory Crt. has applied for a permit to build a 45ft pier with a 25ft ramp and an 8 x 20 ft float. On a natural bed off her property. Dock, and any attached vessel will rest on the bottom, on float stops,at every low tide cycle, if present design is permitted. She spoke to the commission in defense of the design, and presented a photo taken in February showing the entire natural bed exposed due to an exceptionally low tide. Her argument is primarily based on the fact that longer projects, recently permitted in her neighborhood, are much more visually intrusive. It was explained to her that the commission has taken a position against designs that provide for a float and any vessels to regularly rest on the bottom as damaging to the shellfish bed. Her site is in an area listed as restricted relay and there is commercial harvesting nearby, although not recently at her site. She says she has not been able to find a local boat lift dealer, but will continue to explore design alternatives.


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Aquaculture has re-opened beds near power cable leaks after testing has confirmed shellfish no longer have elevated levels of cable oil.

DEP has issued COP to CL&P for work already accomplished under emergency authorization on cable system in the harbor and south of Sheffield Island. Language of permit suggests that CL&P may have used leak prevention maintenance as an excuse to explore cable removal techniques which have not yet been permitted. There was some discussion of permit process for cable replacement project and the fact that CL&P has made no concession from original proposal, which look to be very destructive to shellfish beds.

DEP has issued permit to Charles Cove Condominium Association for bank stabilization project in Charles Creek. This is a heavily developed area where any natural beds were pre-empted by dredging a long time ago.

COMMITTEES

HEALTH DEPT
Mr. Closter reports .78 inches of rain in February and 7.52 in March vs. .75 last year and average since 1987 of 2.00 inches. There were 305 calls in March. There was a 7-day closure in CAA (.5) and CAA1DN (1.5) areas starting 3/2/07 through 3/10/07. There have been some adjustment in calculating closures. Our rain guage is the standard for this area. Closure is automatically started when rainfall levels reach standard, but counting of days of closure only begins when rain event stops, sometimes resulting in longer closures.
There were no spill/bypass events in February and 13 in March.
3-2 4000 gals Sammis St pump station 4hrs Sewage spill Storm event
3-2 unknown Riverside Dr 2.45hrs Sewage spill Storm event
3-2 2700gals Keeler Brook 2.45hrs Sewage spill Storm event
3-3 unknown 6 Gwendolyn St UNK Sewage spill Storm event
3-2 unknown Bouton St 4hrs Sewage spill Storm event
3-2 6000gals 56 Beacon St 5hrs Sewage spill Storm event
3-2 2500gals 16 East Ave 5hrs Sewage spill Storm event
3-6 unknown WWT plant 5hrs settling tank malfunction
3-7 unknown WWT plant 45mins settling tank malfunction
3-8 unknown WWT plant 6.5hrs settling tank malfunction
3-9 unknown WWT plant 4.5hrs settling tank malfunction
3-26 1000gals 250 Westport Ave 40mins Grease blockage
3-30 100gals Fort Point St 5mins operator error

4-4 unknown WWT plant 8hrs settling tank malfunction

WASTEWATER TREATMENT
Mr. Closter reports spill/bypass events at wastewater treatment plant called settling tank malfunctions result in release of unknown amounts of incompletely treated solids, which are unsightly and result in complaints from the public. It is unknown how effective the incomplete treatment is, in terms of bacteria transmitted to the harbor. When he made inquiry at the plant, OMI staff get very defensive and object to term bypass, claiming there was no bypass and no permit violation. This is inconsistent with their paperwork.
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Further, they now tell Mr. Closter they will not add State Harbormaster Griffin’s name to the list of people to notify when there is a spill/bypass event, and, they will not allow anyone from this commission (Comm. Bartoli) to enter the property and look around without first signing in at the office. They say this is because of homeland security. OMI person Mr. Closter is dealing with is Kevin Dahl. DPW/ WWT systems manager is Ralph Kolb. Both Mr. Kolb and Mr. Dahl were coming to this meeting, but cancelled earlier today because of “schedule conflicts”. They propose coming, instead, to our June meeting with Mr. Alvord, who, Mr. Kolb says, wants to attend because of “political aspect of this”. After some discussion about disturbing pattern of five settling tank malfunctions in a month and apparent attitude problems at OMI, it was agreed that chair should contact Mr. Alvord as soon as possible. There is some speculation that spill yesterday may also be a factor in canceling meeting with us tonight.

WATER QUALITY
Mr Closter reports routine meeting, focused on budget problems.

PERMITS
Mr. Casagrande reports Tide Calenders are now in the stores. Comments that white flags were being replaced by Sgt LaPak a couple of months ago and asks for progress report. As Sgt LaPak was unable to attend, Chair will contact him.

POLICE
No report.

ADVISORY
No report.

HARBOR MANAGEMENT
Harbormaster Griffin reports DEP has accepted language changes in HMC plan. Revised plan is being reviewed. If revised plan is adopted, it will offer greater protection of shellfish resources. Commission might do well to incorporporate same new language in shellfish management plan.

OLD BUSINESS
Police equipment, odor complaints from WWT plant, language changes in management plan and FOI request on CL&P/LIPA cable leaks.

NEW BUSINESS
Mr. Pramer asks about commercial permits and when first ones will be issued this year. There was some discussion and commission felt it was usually based on water temperatures, but later than April 1st. Chair will check and respond to Mr. Pramer.

NEXT MEETING
Thursday, May 3, 2007

MOTION TO ADJOURN
At 9:27PM, by Dr Serena, 2nd, by Comm. Casagrande

 

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