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Harbor Management Commission Minutes 05/10/2016
Meeting Minutes
The Old Lyme Harbor Management Commission
May 10, 2016


Regular Members Present:  Robert Falaguerra, Ned Farman, Bill Harris, John MacDonald,
Mike Mackey (ex-officio), Michael Magee, Tom Myer, Steve Ross

Alternate Members Present:  

Absent:  Bob Doyen, George Finley, Harry Plaut (ex-officio)

Guests:  Chris Romeo, Keith Neilson

Chairman Steve Ross called the meeting to order at 7:00 PM.  

a.       Clerks Report:  Approval of Minutes
Bill Harris moved to accept the minutes of Regular Meeting April 12, 2016 and John MacDonald seconded the motion.  SO VOTED.

b.      Correspondence
Steve Ross reported that he had received a letter dated April 17, 2016 from the CT DEEP related to the dredging project Notice of Violation.  This will be discussed later.

c.       Treasurer’s Report:  Approval of Report for April 2016  
Bill Harris presented the Treasurer’s Report.  The beginning balance was $20,458.82, Interest and Dividends $6.72, Cash Receipts $$50.00 and Disbursements $0.00.  The ending balance $20,515.54.  The Treasurer’s Report was accepted as submitted.

a.       Member Appointments
There are three openings for Alternates.  Steve suggested putting this in the next issue of Old Lyme Events with the hope of recruiting new members.  

b.      Pilgrim Landing – Mike Magee
Mike Magee reported that Pilgrim Landing needs cleaning up which includes the removal of some logs that have washed up.  He will send an email to Commission Members looking for volunteers to clean up and cut up and haul away the logs.  

c.      Dinghy Dock – Mike Mackey
Mike Mackey reported that the dock in not in yet but will be soon.

d.      Potential Public Access Site West Bank of Lt. River and Halls Road
1. Phase 2 Foot Bridge Across Lt. River
The conceptual drawing of the proposed foot bridge is in the Selectmen’s Office and hopefully will be displayed there.  Members hope that this will serve as a reminder of the project.
2.  Phase 3 Access to Water’s Edge – Proposals Requested – Update
Steve Ross reported that Keith Neilson (Docko) and Coastline Consulting have both submitted proposals.  These will be discussed at the next meeting.  The Commission needs to focus on funding at this point.  Once the design is solidified, it will be known how much money will be needed for the project.  Ned Farman and Steve Ross thought it a good idea to write a letter to the Commissioner of the DEEP stating that this will be an ADA accessible public walkway to the water and would be the only one in Old Lyme that is ADA accessible.  The HMC could temporarily fund the permitting process, but funds would need to be raised for the entire project.

Steve Ross will forward to Mary Ellen Garbarino the Proposal from Coastline Consulting and she will email it to the Commission Members for their review.  

Steve Ross moved and Ned Farman seconded to move Agenda Item under COMMITTEE REPORTS
b.  Notice of Non-compliance on Romeo property to this point in the Agenda.  SO VOTED.

b. Notice of Non-compliance at Romeo property on Buttonball Road
Guest Chris Romeo, on behalf of property owners Alex and Patrice Romeo, 62 Buttonball Road, Old Lyme, spoke to the Commission.  Several years ago the Romeos applied for, and were issued, a permit for a walkway, platform and float on the east side of Black Hall River.  It was constructed, but no final as-built plan was filed with the DEEP as was required by the permit.  The DEEP re-inspected it this year as they were in the area doing another inspection, and issued a Notice of Violation to the property owners relating to the construction not being done in accordance with the permit.  The Commission discussed this matter with Chris Romeo, reviewed the Notice of Non-compliance, and gave him advice on what the property owners need to do to attain compliance.  The DEEP deadline is July 1, 2016.

This item will remain on future Agendas until it is rectified.

a.      Harbor Master Report Harry Plaut and Mike Mackey
NOTE:  Steve Ross stated that in the absence of Harbormaster Harry Plaut at this meeting, it makes things difficult to keep the Commission updated.

Status of moorings unclaimed that were pulled in 2013-14 (8 available to sell)
Harbor Master recap of activity since last meeting
Harry Plaut was absent so these items were not discussed.

Status of 2016 mooring applications and inspection reports
Mike Mackey had emailed the Commission Members a recap spreadsheet.  He stated that 59 appllications had been received and 11 signed inspection reports had also been received.  There about six more inspection reports that need to go to Harry Plaut.  

Discuss mooring inspection frequency per Harry Plauts request
Harry Plaut was absent so these items were not discussed.

b.      Dredging Ned Farman and Steve Ross
Notice of Violation issued to Black Hall Outfitters
Steve Ross stated that a Notice of Violation had been issued to Black Hall Outfitters citing numerous violations of the issued permit for dredging.  According to the Consent Order, Black Hall Outfitters will pay a $1,000 fine with an additional $4,000 fine/donation to a restoration fund at DEEP.  They have to mix the dredged materials with other earth products on site, grade and seed it.  They also have to submit a restoration plan pertaining to the damage to wetlands.  Kevin Zawoy at Coastline Consulting will let Steve Ross know when DEEP receives the signed Consent Order back.

Notice of Violation at South Lyme Marina Status
Steve Ross stated that the DEEP had issued a NOV to Patriot Marine and the Town for some damage done to the marshland at South Lyme Marina during the Town dredging project.  Patriot Marine will do the work and Coastline Consulting will monitor and report back to the Town.  Correspondence to the Town and Patriot Marine from the DEEP was reviewed which outlined the Restoration Approval Plan.  Patriot Marine will keep the Commission updated with their progress.

Notice of Non-compliance at Romeo property on Buttonball Road
This Agenda Item was discussed earlier in the Agenda.

a.       Applications for dock, etc.    
No applications had been received.

b.      Next meeting
The next meeting of the Harbor Management Commission will be on June 14, 2016.

EPA Proposed Rule:  Eastern Long Island Sound Disposal Site – Ned Farman
Ned Farman reported on the EPA Proposed Rule: Eastern Long Island Sound Disposal Site document which was prepared by the Office of Congressman Joe Courtney.  
This proposal opens the New London Dumping Site with a draft Environmental Impact Statement.  The proposal enlarges the dumping site by 2 square nautical miles, and takes into consideration the needs of the US Navy, fishing and fishery.  It maintains environmental soundness and the economic importance of dredging.  The 60-day comment period ends on June 27.  There will be four public hearings in Riverhead LI and at Avery Point on May 26.  

Keith Neilson from Docko arrived late to the meeting and the items he wished to discuss had already been discussed.  He had not seen the Consent Order issued to Black Hall Outfitters and Steve Ross will email it to him.  Keith will email the COP for South Lyme Marina to Steve.  Keith reported that there is a general permit application to build steps at 38 Sea View Terrace, Point O’ Woods.

Consent Order Progress for Black Hall will be added to next month’s Agenda.

John MacDonald moved and Tom Myer seconded to adjourn the meeting at 8:10 PM.

Submitted by,

Mary Ellen Garbarino

NOTICE: Messages to or from the Town of Old Lyme domain are subject to the Freedom of Information statutes and regulations.