SHELLFISH COMMISSION MEETING MINUTES


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City of Norwalk
Shellfish Commission Meeting
June 7, 2007

CALL TO ORDER 7:11 PM

ATTENDANCE
Commission: John Frank, Jack Casagrande, Dr. Frank Serena, Pete Johnson
Staff: Tom Closter
Police: Sgt Peter LaPak, Off. John Taranto
Advisory: Harbormaster Mike Griffin
Guest: Tim Pramer, Doug Stabell, Bud Raleigh, Mike Andrews, Scott Pennoyer

MINUTES OF LAST MEETING
May minutes: Accept by Mr. Johnson, 2nd by Mr. Casagrande

TREASURER
Comm. Johnson reports for months of April and May:

NAME DATE AMOUNT REASON

BALANCE 03-31-07 $24,238.72
DEPOSIT Interest(March) $100.00
Interest(April) $92.00
Pramer Oyster Co. 04-12-07 $14.00 product

EXPENSE AT&T ($126.89) phone
Police OT 04-16-07 ($851.96)
Police OT 04-24-07 ($54.96)
Police OT 05-07-07 ($413.95)
Police OT 05-14-07 ($54.96)
Police OT 05-21-07 ($219.86)
Silvermine Press ($468.00) calendars

BALANCE 05-31-07 $22,254.14
05-31-06 $15,857.51
05-31-05 $19,631.57

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SECRETARY
Commissioner Frank reports that Mr. Bartoli has resigned from the commission. Chair will notify the Mayor and, with approval of commission, submit the resume of Officer Scott Pennoyer of the Police Dept. who is long time training officer, resident of Norwalk, unaffiliated voter, certified rescue diver, and local boater. Officer Pennoyer has attended previous commission meetings and expressed strong interest in participating, as a commissioner.
Meetings with CL&P since our last meeting have been productive and CL&P has agreed to silt containment when removing old cables, installing new ones, and while placing fill to restore bottom contours disturbed when old cables were installed. They have also agreed to complete restoration of damaged bottom contours, including all trenches and anchor strokes. Restoration

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will require placing some appropriate fill material, probably small stone, and then placing cultch on all restored areas, on shellfish beds. To ensure that these commitments are met, they will post, with the City, a performance bond of 1.5 million dollars for five years. Chair has agreed to withdraw shellfish commission petition for public hearing, withdraw from position as intervener in this project permit process, and support efforts to get DEP permit issued expeditiously so that entire project can be completed in the next winter season to avoid two winters of construction activity near sensitive oyster beds. Others have filed a petition for public hearing. Chair attended status conference on DEP public hearing today in Hartford and has submitted request for expenses to treasurer. DEP public hearing is scheduled for Wednesday, June 27, at the community room in Norwalk City Hall at 6:30 PM. Shellfish commission will conduct a public hearing on Wednesday, June 20, at the community room in City Hall, at 6:30PM. This will be a special meeting of the commission and all are urged to participate. Corp Counsel has arranged for public notice and recording at the expense of the legal dept., so there will be no cost to the commission. CL&P will participate in both hearings and this will be an opportunity to get the entire story out to the public. The petition for a public hearing by the DEP was submitted by Leigh Grant of Norwalk. She is on the planning commission and has made it clear that she has no interest in delaying this project, but feels it is essential to get all aspects of it on the public record.
Letter of agreement between Shellfish Commission and CL&P, signed by Kenneth B Bowes for CL&P and Chair, for the Commission, was passed around for approval and signatures. It was signed by Mr. Frank. Mr.Casagrande, and Dr. Serena. Mr. Johnson abstained. Motion to sponsor hearing on the 20th was made by Mr. Johnson, 2nd by Dr Serena and passed unanimously.

Chair attended all day workshop May 22nd at DEP marine base in Old Lyme. As no other commissioners were available, Chair rode with Harbormaster Griffin and members of Harbor Management Commission. Presentations focused on proliferation of private docks and approaches to limit proliferation. It was noted that some states allow piers up to 1000 ft without permits and many have summer homes built at end of such piers. In one of the southern states, the rule seemed to be length of pier was limited only by distance applicant could carry case of beer. Presenters urged adoption of zoning rules to limit dock proliferation, but CT lawyers pointed out that local zoning is limited to above high water mark in CT, unlike some other states where zoning includes private docks.

List of permit applications was reviewed as several have recently gone to public notice. Mr. Casagrande moved that chair comment favorably on ones that meet commission standards and oppose those that do not. 2nd by Dr Serena, unanimous. Permits, for piers, ramps and docks are:
Norwalk Yacht Club.OK maintenance dredging and expand docks in developed area
Girourd, 10 Woodland Rd, OK (now calls for pier with boatlift, no ramp or dock in recreational area)
Muro, 5 Seabreeze Pl,OK (now calls for crib to keep dock and boat well off bottom in closed area)
Konstantin, 7 Seabreese Pl, OK (now calls for crib to keep dock and boat off bottom in closed area)
Oconnor, Looks OK, but may infringe on leased bed # 201. Norm Bloom owns that lease and is reviewing. If it does not infringe, commission will comment favorably.
Berringer, 55 Roton Ave, NO, designed for dock and any boat to rest on bottom
Smith, 57 Roton Ave, NO, designed for dock and any boat to rest on bottom
Green, 83 Roton Ave, NO, designed for dock and any boat to rest on bottom, and uses four large anchors and chains

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COMMITTEES

HEALTH DEPT
Mr. Closter reports 1.5 inches of rain in May vs.4.79 last year and average since 1987 of 4.16 inches. There were 629 calls in May. There was a closure in CAA (.5) starting 5/`6/07 through 4/23/07 due to rain.
There were 6 spill/bypass events in May..
Date Amount(gals) place Time(hrs) Result
5-6 unk WWT 30 mins Sludge line rupture contained
5-9- 500 311 Flax Hill 45 mins line blockage
5-9 5 34 East Ave 5 mins line blockage
5-10 20 34 East Ave 5 mins line blockage
5-10 5 42 East Ave 5 mins line blockage
5-10 200 Wal Mart ??? 50mins line blockage
6-4 unk WWT Unk (3+) Heavy Rain event, lost half of two settling tanks and part of two others (Solids)

Spill reports, particularly 6-4, provoked considerable discussion. There is supposed to be provisions for dealing with heavy rain events that does not result in loosing content of settling tanks. Part of treatment process is bypassed and partially treated sewage is more heavily chlorinated. Concern seemed to focus on question of available manpower at the plant during predicted heavy rain event, and discovery of spill after it had gone on for unknown period, at 3:45AM. Aquaculture closed everything and sent someone down to go out with marine police and take samples. Police have the impression this is worst spill from WWT plant in memory.

WASTEWATER TREATMENT
Odor problem downwind of plant, seems to have returned. Spill on 4th is a concern.. Mr Pramer asks if commercial harvesters can get compensation from City for lost business..

WATER QUALITY
Chair reports routine meeting. Interns are in place and working

PERMITS
Mr. Casagrande reports permits are moving slowly. Questions if new flags arrived and if police have gotten access to pole lock at the Beach. Sgt LaPak answers negative to both.

POLICE
Sgt LaPak reports 21 hrs patrol, no arrests, several warnings for person intending to clam during closure. Capt. Bobby Borst arrest case has been disposed of, but Police have been unable to find out what happened. Sgt LaPak will make further inquiry.

ADVISORY
No report
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HARBOR MANAGEMENT
Harbormaster Griffin discusses mooring application from a Mr. Holzinger, who owns the property adjacent to Shady Beach. Chair spoke to Mr Holzinger and he is looking to go about 100 ft from shore to moor a small boat and expects to walk to it at low tide. He is aware of nearby Shellfish leased beds. Harbormaster suggests Commission should look at placing limits on number of boats over 23 ft that can be moored on seasonal mooring fields. 23 ft is critical length for sewage discharge when aquaculture evaluates impact of mooring fields. State no-discharge rules in west end of Sound may change that impact.

OLD BUSINESS
Police equipment Sgt LaPak has not finished research and has no request at this time.
Odor complaints from WWT plant, still a problem.
Language changes in management plan will be evaluated when HMC gets final approval for changes in HM plan.
Commercial clam relay permits were discussed briefly. Mr. Pramer says no survey was done, as far as he knows, because nobody was available to go out with him when he was available. Commissioner Casagrande suggested we continue to limit number of permits to no more than seven, but doesn’t see a problem when only one has been requested. Mr Pramer was advised to send a check and permit would be issued immediately.

NEW BUSINESS
None

NEXT MEETING
Monday, July 2nd. Mr. Closter will notify City Clerk’s office.

MOTION TO ADJOURN
At 9:10PM, by Dr. Serena 2nd, by Comm. Casagrande

 

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