REGULAR MEETING

Minutes of Tuesday, October 21, 2008

7:30 PM, East Lyme Town Hall

108 Pennsylvania Ave.,

Niantic, CT 06357

Present: Chairman Don Landers, Treasurer Steven Dinsmore, Secretary Frank Skewes, Marvin Schutt, Barbara Johnston, Greg Murin, Bill Mountzoures

Absent:  None.

Also Present:  First Selectman Paul Formica, Joseph Hitchery, Marc Berger, Jackson Vibber, Bob Gadbois

1                    Call to Order

Chairman Landers opened the Regular Meeting at 7:35 PM.

2                    Approval of Minutes of Regular Meeting of September 16, 2008

MOTION 1: A motion to approve the minutes of the Regular Meeting of August 19, 2008 was made by Ms. Johnston, seconded by Mr. Dinsmore.  Motion carried (7-0).

3                    Public Delegations

 Mr. Hitchery inquired about the $25.00 Mooring Permit Fee being proposed, and asked how the Commission arrived at that amount.  The reply was that it was to be consistent with Waterford’s fees.

First Selectman Formica announced the selection of the new Town Planner, Gary Goeschell.  He said that Mr. Goeschell would be starting on Monday, October 27, 2008.  He stated Gary had excellent writing skills which would be put to good use in the development of the new Plan of Conservation and Development.  Mr. Formica stated that he expected the Harbor Management/Shellfish Commission to develop a Harbor Management chapter for the Plan.  He also offered to help the Commission go forward with the plan to establish better control of moorings.

Mr. Berger asked that the Commission ensure that speed control and swim buoys be exempted from any fees.  He also asked if the Commission could establish a listing of available space for new moorings, once the GIS map for moorings is established.

Mr. Vibber requested a list of mooring permit owners in the town of East Lyme.  The current mooring owner spreadsheet was provided.  He stated that he would be sending out a mailing to mooring owners to offer his mooring services.

4                    Old Business

A.                Mooring Permits

Mr. Berger reported that six new mooring applications had been forwarded to the Harbor Master.

B.                 Harbor Management Plan – Reports from Sub-Committees

Mr. Dinsmore reported no activity for the month.

C.                Connecticut Harbor Management Association

Mr. Dinsmore reported that he will be following up with representatives from this organization to set up a meeting.

MOTION 2: A motion to add two agenda items to the agenda was made by Mr. Mountzoures, and seconded by Ms. Johnston. Motion carried (7-0).  The new agenda items were “Recommendations for appointment of the Harbormaster and Deputy Harbormaster” and “Comments on the DEP’s Niantic River Brochure”.

5                    New Business

A.                 Correspondence

1.      Application for a Certificate of Permission (COP) for work waterward of the high tide line in Smith Cove.  Estate of Leonard W. Tourville

2.      Application for a Certificate of Permission (COP) for maintenance dredging at the Niantic Dockominiums

3.      Application for a Certificate of Permission (COP) for work water ward of the high tide line in the Pattagansett River. James Wadsworth.

4.      A letter from Long Island Sound Programs announcing the new process for permitting of structures and dredging.

There was a long discussion about the Commission’s new responsibilities as the first reviewer of applications for COPs on structures and dredging.  Mr. Mountzoures expressed concern that the Commission could be subject to legal action from applicants who were dissatisfied with the Commissions comments to the DEP.

B.                 Discussion of public comments on mooring permit fees

Letter from  Waterford Harbor Master

MOTION 3: A motion to forward the proposal to establish mooring fees for privately held boat mooring permits to the Board of Selectmen for approval was made by Ms. Johnston, seconded by Mr. Dinsmore. Motion carried (6-1) with Mr. Murin voting no.

C.                Update on jurisdiction of Smith Cove channel

Ms. Johnston reported that the Smith Cove channel was “privately maintained” and so it should be maintained by Three Belles Marina.  There was discussion about the term “privately maintained” and whether it meant maintained by a private entity (i.e., non-government), or whether it meant not maintained by the Coast Guard.

D.                Recommendations for appointment of the Harbormaster and Deputy Harbormaster

After discussion and several proposed names, the decision on the list of names to be recommended was deferred until next month.

E.                 Comments on the DEP’s Niantic River Brochure

MOTION 4: A motion to extend the crosshatching on the East Lyme side of the upper river down to the federal channel was made by Mr. Dinsmore and seconded by Mr. Murin.  Motion carried (5-2) with Ms. Johnston and Mr. Skewes voting no.

6                    Reports

A.                Shellfish Warden

Not Present

B.                 Harbormaster

Not Present

C.                Treasurer

Mr. Dinsmore reported.  He stated that the only bills he had received were for secretarial services.  He stated that he would be sending out the shellfish lease bills this month.

MOTION 5: A motion to approve the Treasurer’s Report was made by Mr. Murin and seconded by Mr. Skewes.  Motion carried (7-0).

D.                Ex-Officio

Not Present

7                    Comments from other Commission Members

None.

8                    Adjournment

MOTION 6: Mr. Mountzoures moved the meeting be adjourned at 9:45 PM, seconded by Mr. Murin. Motion carried (7-0).

Respectfully Submitted,

Frank Skewes, Secretary