River Cleanup this Saturday

COME ON! Get your feet wet, your hands dirty, and make the rivers cleaner! 

 SATURDAY SEPTEMBER 29th 2012 

Join thousands of individuals, clubs, troops, students, towns and businesses to clean up the Connecticut River and its tributaries. The Source to Sea Cleanup is a one-day, coordinated effort in four states to highlight a cleaner Connecticut River. We’d love your help! Come to your local CT River watershed cleanup for the COGINCHAUG RIVER at: 

VETERANS PARK 10AM TO 12PM 

hosted by Middletown Regional Agricultural Science and Technology Center 

Connecticut River Coastal Conservation District 

Questions? Contact: Ms. Courtney Johnson, 860.704.4599 ext 4049 

OR 

Ms. Jane Brawerman, 860.346.3282 

Dress for messy work, e.g. boots, long pants, long-sleeved shirt. 

Bring water, extra clothes, and friends and family too!!

Cleanup supplies (trash bags and gloves) will be provided.

A program of the Connecticut River Watershed Council - www.ctriver.org

River Paddle, Saturday June 30

The Jonah Center for Earth and Art invites the public to a canoe and kayak paddle on the lower Mattabesset and Coginchaug Rivers this Saturday, June 30. The tour launches at 9 a.m. onto the Connecticut River from the boathouse ramp at 46 Harbor Drive in Middletown. Paddlers should return to the starting point within 3 hours after launching.

In addition to learning about the ecology of the river and freshwater tidal wetlands, participants will search for invasive and harmful water chestnut plants that have been found in other stretches of the river. Paddlers need to provide their own boats, paddles, drinking water, sunscreen, and life jackets.

To help cover insurance costs for this event, each participant is asked to make a $10 donation to the Jonah Center. In case of cancellation due to bad weather, the trip will be held on July 14 at 9 a.m. Call 860-398-3771 for more information or about possible weather-related postponement.

Volunteers Needed for Coginchaug River Water Quality Study

Get your feet wet! The Connecticut River Watch Program (CRWP) is looking for water sampling volunteers to assist with our water quality study focused on the Coginchaug River. The study will assist in efforts to identify sources of bacteria to the Coginchaug, a river that has been designated by the state as impaired due to poor water quality.

Water samplers are needed for selected sites on streams in North Guilford, Durham, Middlefield and Middletown. Responsibilities include collecting water samples before 8 a.m. on 10 sample days (all Wednesdays), and delivering them to a nearby drop-off location. Sampling will begin on Wednesday, June 13, and continue every other week until October 17. No experience is necessary—we will train you!  To volunteer or for more information, please contact the Conservation District office at (860) 346-3282.

Emergency Bypass Channel For Coginchaug River Blockage Approved

Nearly 8 months to the day after a mudslide below Charton Apartments on Newfield Street, the City received approval to dig a channel to re-route the river past the blockage in the Coginchaug River.

The Coginchaug River is frequently bounded by steep banks in its meandering last mile or so, as it passes through the raised land between Veterans Park and the river's confluence with the Mattabessett. One of those banks collapsed on March 30th, after several days of heavy rain, sending a wall of mud into the main channel of the River.

Ever since the mudslide, the City, State, and Federal Governments have been wrangling with each other and with Ted Charton, the owner of the apartments, over how to clear the channel, and whether the remaining river bank below the apartments should be stabilized to prevent further mudslides. The Federal Agencies refused to authorize or pay for clearing of the channel unless the riverbank was stabilized to their satisfaction. Preliminary estimates indicated that such a stabilization could cost as much as $750,000, which Charton's insurance agency refused to pay for, and Charton insisted was unnecessary.

After months of meetings, the State DEP told the City that if it produced an engineered plan for a new channel, it might be approved. At its August meeting, the Common Council authorized $15,000 to pay for such an engineered study, with the understanding that the clearing itself would be done by city workers.

The plan calls for the new channel to be dug through the flat land on the east side of the northward flowing river. The channel will be 670 feet long, 28 feet wide, and 5 foot deep.

The Army Corps of Engineers provided approval to this plan, but with numerous conditions. The most significant by far is that this channel can only serve as a temporary bypass channel. The letter of approval specificies that by September of 2012 the City "shall submit a plan for the permanent closure of the bypass channel and the remediation of the area subject to temporary disturbance. ... Filling of the bypass and the remediation of the temporary impact area shall commence no later than November 28, 2012 and be completed with 60 days of this date (January 27, 2013)." The full approval letter and a map of the plan are available here.

Bill Warner, City Planner, briefed the Inland Wetlands Agency on the Army's approval at the Agency's Wednesday meeting. Ron Borrelli asked a number of questions about who would bear the costs of clearing the channel, and how it would be done. Warner indicated that the wetlands protection requirements in the permit might require specialized equipment and skills that the City workers do not have. He said the city would be paying for the channel clearing because it was needed to protect Veterans Park and Palmer Field, "The City is looking at it as protecting our interests." When asked why the city was not pursuing compensation from Charton, Warner said that the Corps had cited Charton for some of the fill he had put on the slope after the landslide, "The Mayor's position is that the Corps should go after him."

Borrelli was astounded that the permit only allowed a channel for two years. He asked if the city would really have to fill it in, "Is this one of those things the Army will forget about in their vast paper work?"

Warner did not respond verbally.

Kayak Launch Supported and Parking Director Gets Shot at Melilli

The Economic Development Committee lent its support to a land transfer in exchange for kayak launching, a parking garage on Melilli Plaza instead of the arcade, a tax abatement, WiFi on Main Street, and renewal of a contract for lobbying in Washington.

Kayak and Canoe Launching

The EDC unanimously supported the transfer of city-owned land to Paul Szewzyck, in exchange for access to the river through the back of Szewzyck's land at 161 Johnson Street, and construction of an 8 vehicle parking lot on city-owned land. Under the deal Szewzyck would receive title to 172 Johnson Street, an 80' X 136' lot adjacent to the rail line which crosses Johnson Street in front of the City's recycling station. Szewzyck would provide a conservation easement on a portion of his land, that is adjacent to (and in some seasons even within) the river.

Richard Kearney, Economic Development Specialist in the City Planning Office, told the EDC that the city-owned property is worth about $30,000 and that after Szewzyck built a vehicle maintenance building on the lot, he would be paying between $2500 and $3500 in taxes to the

city.

In exchange for this city-owned lot, Szewzyck would also pave an 8 car parking lot adjacent to the Johnson Street Pumping station (the small brick building which houses a sewer pump), and he would create a 370 feet path from this parking lot to the river, for the purpose of launching canoes and kayaks into the Coginchaug.

John Hall, Director of the Jonah Center and long-time proponent of improving Middletown's connection with the rivers which course through our city, expressed his strong support for the land swap. "There are only two places [in the city] on the Coginchaug where you can access the river without excavation." He said that the city had rejected the other option, on the North End Peninsula.

Tax Abatement For LEED Certified Building on Industrial Park Road.

Tall Properties, LLC, was granted a tax abatement for their Centerpoint Office Condominium project which will be built to LEED silver standards of environmentally responsible construction. Leonard Leibenhaut, Manager of Tall Properties, applied for a tax abatement and a waiver of the building permit fees, under a city program to promote development. Attorney Ralph Wilson represented Tall Properties at the meeting.

A member of the EDC asked how much the building permit would cost, and Kearney was unable to provide that figure. Despite this, Tall Properties was granted the permit fee waiver. In addition, they were given a substantial tax abatement, which is based on the dollar value of the improvements to the lot. Over the first 4 years, Tall Properties will pay just $78k in taxes, instead of the projected taxes of $267k. Following those first 4 years, Tall Properties will pay the full rate.

Hartley to Present Melilli Plaza Parking Garage Idea to council.

The EDC voted to move a resolution to the full Common Council which would direct the City to design a Parking Garage on Melilli Plaza instead of on the currently planned arcade behind the police station.

Parking Director Tom Hartley told the Committee that parking demand and supply made Melilli a more logical choice for a multi-level parking structure, and that it would be easier to construct such a parking garage if the arcade remained functional during construction. Moreover, he said that if the arcade was not rebuilt with federal dollars, it would not be required to be public, making it available for private development.

Hartley as well as the councilmen agreed that the arcade needed maintenance to make it safe for the next 5 years, in addition to whatever was done on Melilli.

Other actions

The EDC lent their support to the renewal of the contract of Panuzio and Giordano Public Affairs, for lobbying in Washington on behalf of Middletown. Their fee of $24,000 per year will come out of the economic development fund.

Kearney told the councilmen that it would cost about $100,000 to demolish three blighted houses, 2 on Wadsworth Street and 1 on Portland Street. The EDC voted to have them boarded up and asked the Planning Office to get detailed quotes on the demolition.

Marie Kalita-Leary, Director of the Downtown Business District, told the Commission that the Downtown Business District would pay about $7,000 to restore WiFi coverage to the part of Main Street which is currently covered. The EDC voted to spend about $14,000 to expand the coverage nearly "church to church," with 14 new transmitters north of Washington Street. The money will come from the economic development fund. Roughly the same amount of money, previously set aside for cable access on Industrial Park Road, will not be spent.

Kearney said that Harbor Park Restaurant was still under the same management as before, that the closing for sale of the lease was not yet complete. He speculated on the reason why there might be a delay, "This is the season to make money." Daley suggested that the sale of a lease for Harbor Park is a "complicated thing."

Busy Night at Inland Wetlands

In addition to their consideration of an application by Phil Armetta to alter a wetlands mitigation plan on Newfield Street, the Inland Wetlands Agency considered several other issues at their meeting on Wednesday. They held a public hearing and gave approval to the installation of a water main on Country Club Road, they heard more about what is happening (or not) to solve the Coginchaug River blockage caused by the Charton Terrace landslide, they approved a 'general permit' for Water and Sewer, they heard about a small trench cut by a landowner on East Street, they approved a mudroom addition on Lakeview Drive, and they approved subdivision plans on Boardman Lane.

Country Club Road Water Main

About a dozen members of the public, most living near or on Country Club Road, came to hear about the plans for a water main. The Chief Engineer for Water and Sewer, Joe Fazzino, introduced to the Agency the lead engineer on the project, Mark Kopchak from the Maguire Group Company.

Kopchak explained that the line would be a 12" diameter iron pipe laid in the roadbed of the eastbound lane, extending from near Moody School to Middle Street, crossing I91 hanging from under the overpass. Fire hydrants will be installed along Country Club, but the main purpose of the main is to increase water pressure for houses located west of I91 on city water. No sewer line extension is being considered.

The construction will take about 180 days, and is anticipated to start in the spring of 2011. Residents along Country Club will have the opportunity to tap into city water during the construction period.

Several residents spoke in favor of the water line, lauding the increase in pressure and the increased fire protection. Arline Rich and Bob Whitney both cautioned Fazzino and Kopchak about the likelihood that ledge would be encountered below the road and blasting would be required, especially near Higby Mountain. Fazzino promised that the contracts for the firms doing the project would mandate pre-blast inspection of nearby houses.

The agency gave unanimous approval to the application.

Coginchaug Channel Clearing

In June the Agency used a Cease and Desist Order to compel Ted Charton, owner of Charton Terrace Apartments to appear before them at their next meeting, to discuss the stabilization of the bank which collapsed into the Coginchaug and blocked its flow. Charton appeared at the meeting for that reason, and was happy to answer questions and discuss the situation with the Agency. However, the commissioners didn't quite seem to know why they wanted him there, they didn't quite know what to talk about, and could only recognize that there is an impasse in unclogging the Coginchaug.

The impasse is because Federal and State agencies have refused to pay or possibly even permit the clearing of the channel until the bank below Charton Apartments is stabilized, and nobody has the money to stabilize the bank.

Charton said that the city told him an engineering report on the bank would cost $75,000 and that a new stabilization effort could cost as much as $1M. Charton said he had been denied funding from the Federal Emergency Management Agency (FEMA), from the Small Business Loan Program, and been denied reimbursement from his insurance company. He said his buildings were completely safe, that the bank was stabilized and that he could not spend

$75,000 for an engineer, let alone $1M for a stabilization.

Charton again told the Agency that he could have cut a small channel through the landslide at a cost of about $5,000, but he was prevented by the Army Corps of Engineers and the Department of Environmental Protection. He charged that the City's Environmental Resource Specialist, Jim Sipperly, had written letters which led to a Cease and Desist order from the Army Corps of Engineers.

Sipperly, at the meeting for another reason, gave the Agency his perspective on the efforts to find a solution to the upstream flooding caused by the landslide. "There's been a lot of meetings with the Army Corps of Engineers and the DEP reps."

Sipperly said that current plans are for the city to pay $15,000, authorized at this week's Council meeting, to hire an engineer to develop a plan for the clearing of the channel. The City hopes that this plan, even without any work on the Charton riverbank, will be enough to convince the DEP and Corps to grant the necessary permits.

After Sipperly's testimony, which Charton watched from the side of the podium, the commissioners expressed their frustration that they were not being informed about the plans for the Coginchaug. Sipperly and Zoning and Wetlands Enforcement Officer Bruce Driska assured the commissioners that they would make available all of the emails and letters regarding the Coginchaug clog.

The commissioners all agreed to wait for more information, particularly from the engineer hired by the city to prepare a plan to clear the channel.

After the meeting I asked Sipperly about the Council's resolution, which authorized the mayor to clear the channel without any permits. Sipperly said that this sounded inappropriate, he said that this work would likely not be covered by a General Permit to Public Works or Water and Sewer, "You'd need an individual permit [at Inland Wetlands]."

Water and Sewer

The "General Permit" for Water and Sewer allows the Department to undertake work in wetlands without obtaining a permit. James Sipperly told the Agency that the Water and Sewer Department brings the plans for any work which they feel might be appropriate under the General Permit to Bruce Driska, Zoning and Wetlands Enforcement Officer for the City. Sipperly said, "Bruce decides if something needs Agency review."

The Agency unanimously approved the application for the General Permit, which will be good

for two years.

Boardman Lane

James Sakonchick. representing Middle Boardman Associates, the owners of the parcel originally chosen as the site of the Army Reserve Training Facility, and more recently as the site of the wetlands mitigation being done by the army, presented plans to the Agency for subdividing the Boardman Lane parcel into 3 lots. One lot, of about 5 acres, would include the 18th century house and associated barns, the plan is that this lot would continue to be used for farming. Another lot, of about 13 acres, would remain under the ownership of Middle Boardman Associates. The third lot is under contract to be bought by the Army Corps of Engineers, and will be used as mitigation for wetlands being impacted during the construction of the training facility at the former Cucia Park.

Under State law, the Wetlands Agency must be notified of all subdivisions of land including wetlands. The Agency unanimously voted that no Wetlands Permit was required for the subdivision, while specifically noting that this approval was solely for the subdivision, not for any development activities on the resulting lots.

Council to Consider Coginchaug Channel Clearing

The Finance and Government Operations Commission will discuss a proposed Resolution that city workers unilaterally open the channel in the Coginchaug which was blocked by a landslide below Charton Apartments on March 29th.

The landslide has caused a significant blockage of the Coginchaug, causing the river to rise by as much as 4 feet in Veterans Park, and threatening the health of hundreds of riverbank trees. The draft resolution cites the threat to the trees on the river bank, but more specifically notes the very real possibility of flooding at Palmer Field and the Middletown Sports Hall of Fame.

Previous plans to correct the problem would have used Federal and State funding to clear the obstruction and recreate the channel. However, the Natural Resource Conservation District, part of the U.S. Department of Agriculture, refused to fund any work on the channel unless work was done on the upper slope to ensure that there would not be a repeat landslide.

The draft resolution provides extensive background to the "bureaucratic entanglement" which is preventing any work. "There is general agreement that the upper slope fix will be in excess of $75,000 for design and $750,000 for construction." Ted Charton, owner and manager of the Charton Apartments, insists that the work he has already done on the slope will prevent any future landslides, but he has not hired an engineer to evaluate this. Neither Charton, nor the city, state, or federal government are willing to fund work on the slope. Thus, the channel remains untouched since the slide.

When the city proposed to the DEP that city workers create a diversion channel through the landslide debris without fixing the slope, Amey Marella, Commissioner of the DEP, responded that the City needs all relevant state and federal permits, and must address the upper slope in conjunction with any work. However, further discussion with her Chief of Staff has led the city to believe that a river diversion plan could be authorized if a plan is prepared by a geotechnical engineer.

The proposed Council Resolution would authorize $15,000 to retain this professional engineer.

Perhaps the most controversial part of the resolution is the proposal that, "if the State and Federal authorizations are not secured in a timely manner, the Common Council authorizes the Mayor, pursuant to under [sic] CGS 7-146, to enter into the channel to remove the debris and release the backed up water, with or without State and Federal authorizations."

Charton told me that he had been prepared to tell his contractor to do just that, but he could not do it without the necessary permits. In fact, on June 28th, Charton was given a cease and desist order in which he was ordered to "Halt all regulated activity immediately and secure necessary permits to remove the obstruction from the channel and stop the upstream flooding."

Why Did The Mud Slide on Newfield Street? Rain Or A Bad Decision?

In January 2008, I was taking photos along the Coginchaug River when I looked up and saw Carabetta Apartments, perched high above the ravine on what appeared to be fairly loose clay fill. I climbed to the top and took another photo at closer range, showing the clay that had obviously been bulldozed to expand the property's "buildable" surface area. I wasn't sure what to make of the drain pipe taking run-off down the slope. While I was snapping the 2nd picture, someone came out of the apartment building and asked me in an angry tone why I was taking pictures. I wondered if some building regulation had been violated in this project.