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									                 HEMPSTEAD HARBOR PROTECTION COMMITTEE
                         FINAL MEETING MINUTES
                                         Meeting of October 22, 2008
                                        Sea Cliff Village Hall – 7:00 pm

NOTES: Items Requiring Action are Italicized and underlined in Bold.

Present: Bill Clemency (Chair, Flower Hill); Eric Swenson (Director), Joel Ziev (North Hempstead); Kevin
Braun (North Hempstead), Aldona Lawson (Oyster Bay), Pasqua Dziadul (Sands Point); Len Shaw
(Roslyn) and Carol DiPaolo (Coalition to Save Hempstead Harbor).

                                                       Call to Order

Bill called the meeting to order shortly after 7:00 pm.

                                       Approval of Minutes of August 6, 2008

Kevin Braun moved to accept the minutes. Pasqua Dziadul seconded the motion. The motion passed unanimously.

                                Announcements, Reminders, & Upcoming Events

Eric made the following announcements:

Sea Cliff Mini Mart – the event was held on Sunday October 5, 2008 and began with rain but the weather cleared in
time for the crowds, which seemed larger than usual this year. The Committee had a double booth again this year
but with a re-designed the display featuring panels that explain various projects being undertaken by the Committee.
Eric passed around photos of the display.

Portable Display at Local Libraries - Eric mentioned that the portable display is currently on display at the Glen Cove
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Public Library and will remain there until November 15 . Following this, Eric has arranged for it to be displayed at the
Port Washington Public Library where it will remain through December. The Port Washington Library will also feature
the display in its upcoming newsletter. Anyone wishing to display the booth beginning in January, 2009 should
contact Eric.

Meeting with Peconic Estuary Group - Eric reported that at the request of the DEC, he gave a presentation in
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Riverhead on October 14 to a number of municipal representatives from the Peconic Estuary area. The DEC is
encouraging the ad hoc group that overseas water quality improvements in the Peconic to consider forming an inter-
municipal committee and they felt that the HHPC could serve as a model. Eric’s presentation was about a half hour
long followed by questions and answers.


                                                 Municipal Updates

North Hempstead – Kevin Braun mentioned that the Town has closed on the “Scotto property”. This was the final
piece of property necessary to complete the harbor trail from what used to be called “Bar Beach” south to the Roslyn
viaduct. The Town, which received nearly $ 20,000 in funds from the Nassau County Soil and Water Conservation
District, will begin the removal of invasive species and planting of native species in the restored wetland areas south
of Hempstead Harbor Park and Beach next week. The Town received permission from the NYS DEC to use an
herbicide to remove invasive Japanese Knotweed. The herbicide is “painted” onto the leaves of the plant and
absorbed into the root system. With respect to the proposed Hin Fin development, Kevin reported that the Town’s
Planning Department is still awaiting the submission of site plans from the developer.
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Oyster Bay – Aldona reported that on October 21 , the Town met with the NYS Department of State on three
projects, two of which have relevance to Hempstead Harbor: the preparation of a Town-wide Local Waterfront
Revitalization Program (“LWRP”) and the preparation of a Glenwood Landing amenities plan. She stated that the
Town is required to prepare an LWRP for its three waterfronts (Hempstead Harbor, Oyster Bay / Cold Spring Harbor
and South Oyster Bay) and that all three areas already have approved Harbor Management Plans (which are a major
component of the LWRP) although some of the Harbor Management Plans may require some updating (not
Hempstead Harbor’s). The Glenwood Landing amenities plan will include a recreational needs survey as well as the
preparation of preliminary final designs for streetscape amenities (such as street lights and benches) for the Town’s
portion of the shoreline and the Glenwood Landing business district. Advisory groups will be formed to ensure that
adequate input from stakeholders is incorporated into the plans. Cashin Associates was chosen to prepare the
Glenwood Landing plan and Nelson and Pope was chosen for the LWRP.

Roslyn – Len Shaw reported that the village was able to transfer its grant of $ 40,000 for replacement bulkheading on
the east side of Roslyn Creek to the west side. Presumably, now that the village has approved the BITI townhouse
application, the bulkheading on the east side will be handled by BITI. Several years ago, the Army Corps of
Engineers studied the area and determined that the bulkheading in that area needed to be maintained in order to
preserve the Roslyn Gristmill, the sewer lines and the adjacent municipal parking lot. However, the Army Corps
advised the village that they currently have no funds available for the project. The village has applied to FEMA for
$ 300,000 but was turned down due to the fact that there was no evidence of dangerously high water during storms
and because the Army Corps may eventually fund the project. The village plans to appeal the FEMA decision based
on the facts (e.g. photos of the creek covering the parking meters during a storm (1992?) [note that since the
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meeting, Len advised that the Village has already submitted its appeal]. Also, on September 16 , the Village Board
approved the site plan and the development incentive bonuses or the BITI Townhouse project.. The resolutions do
allow some residential units in an area zoned as commercial. They also require BITI to get all necessary permits and
pay $ 4 million to the Village for upgrading the sewage pumping station by May 15, 2009. Subsequently, the Village
was served by BITI with an Article 78 lawsuit objecting to the details of the resolutions and/or process. Finally,
Omniport Cellphone has applied to the Village for a permit to erect nine cell phone antenna structures on the Sun
Harbor Manor Nursing Home (near the Roslyn railroad station). Some Village residents have opposed this and the
Village is precluded by federal law from denying the permit on health and safety grounds. The Village can, however,
designate areas where they can be erected. Omniport has taken the position that no other site is feasible. Discussion
on this will continue at the November Board of Trustees meeting.

Sands Point – Pasqua Dziadul reported that the Village is planting trees along Middle Neck Road. This should assist
in handling stormwater runoff.

Flower Hill – nothing new to report this month.

                                         LISS CAC and Civic Group Updates

L.I. Sound Study Citizens Advisory Committee – nothing to report this meeting. The next CAC meeting will take place
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in Stamford on December 11 .

Coalition to Save Hempstead Harbor – See discussion following on Water Quality and Monitoring Programs.


                                      Water Quality and Monitoring Programs

2008 monitoring program – Carol reported that shell will be conducting three more weekly sampling runs (weather
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and boat availability provided) and that on one of these (November 5 ), Sarah Deonarine and Bill Spitz from the DEC
will accompany her. Last week, she, Tony Alfieri from the Town of Oyster Bay and some volunteer baymen from the
North Oyster Bay Baymen’s Association, under a permit from DEC, attempted to locate some of the seed clams that
were planted last year in the outer harbor. While they found some clams, they could not find any evidence of the
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seeds. She noted that the bottom was muddy in spots and sandy in others. On October 16 , she also attended a
meeting with Eric at the DEC to discuss the new Shellfish Pathogen TMDL for Hempstead Harbor (see discussion
below). One outgrowth of that meeting was a verbal agreement by DEC to establish new water quality monitoring
stations in the harbor between the Glen Cove breakwater (just north of the entrance to Glen Cove Creek) and the spit
at Hempstead Harbor Park and Beach (formerly “Bar Beach”). Included among these will be a station by the outfall
from Scudder’s Pond. In this way, we will be able to observe any changes that result from the upcoming remedial
work slated for the pond. These station will be monitored for shellfish pathogens (coliform bacteria) and can be used
to track progress of efforts under the TMDL to reduce bacteria and can be used to determine if additional areas of the
harbor are suitable for re-opening to shellfishing. It is believed that this will increase the Committee’s chances of
receiving continued funding next year for water monitoring under the Long Island Sound Futures Fund (which is
administered by the National Fish and Wildlife Foundation).

Shellfish re-opening project – Eric mentioned that a sufficient number of water quality samples have now been
collected and the results show that part of the harbor meets the water quality criteria for re-opening of shellfish beds.
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Shellfish tissue samples were collected on October 20 for analysis (to replace the ones that the overnight delivery
service botched. These have been sent by DEC to the laboratory in Vermont for analysis [note: subsequent to the
meeting, it was learned that the samples arrived on time at the lab]. The DEC also needs to conduct a shoreline
sanitary survey (which is already underway) and once these are completed, the DEC will pursue a change to the
regulatory process to declare the beds opened.

Shellfish density survey – the Committee is still awaiting the completion of the report by Cashin Associates.
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Shellfish Pathogen TMDL meeting with DEC – Eric reported that a meeting was held on October 16 in East
Setaucket with Regional NYS DEC shellfish staff and with NYS DEC Central Office (Albany) officials from the Division
of Water (via teleconference) to discuss the shellfish pathogen TMDL that has been issued for Hempstead Harbor
and 26 other waterbodies. The meeting was requested by the Committee due to concerns over the methods used to
determine the required reduction in pathogens and in order to clarify its impact on local governments. Eric, Carol and
Ken Arnold attended. Eric opened the meeting with a statement criticizing the lack of notice to local governments, the
lack of involvement of local governments in the process and the decision to largely use national databases rather
than actual data from the harbor and its watershed. He pointed out that the conclusion of the TMDL study – that
pathogen levels needed to be reduced by 95% in order for the waters to be suitable for shellfishing are unrealistic,
especially since about half the harbor has already been shown to meet water quality for shellfish harvesting. Carol
pointed out that public dissemination of the study results will have a negative impact on public perception and that
this was unfair, especially since it has taken years for the public to begin to feel confident, and rightfully so, about the
harbor’s water quality improvements. The DEC stated that since the ultimate objective of the TMDL is to open the
harbor to shellfishing, that in the event that the entire area classified as Class SA waters is opened, that the TMDL
would be satisfied and no additional remedial actions (other than monitoring) would be required. In this case, not all
of the SA waters will be opened next year assuming that an opening will be approved. Since most of the
contamination lies in the middle of the harbor in the area that will not be opened and therefore there may be some
reduction in the required coliform reduction figure. Discussion then focused on the numerous efforts already
undertaken by the Committee and the local municipalities to reduce pathogens and whether credit would be given for
these efforts. The DEC stated that if the municipalities were already undertaking the appropriate steps, that it would
be sufficient for municipalities to continue these efforts along with monitoring to see if continued reductions occur.
Ken Arnold pointed out that the county has developed a user-friendly computer model that can calculate coliform
loadings in surface water from the surrounding land uses. It was agreed that this would be a good tool to use.
Discussion also took place on establishing DEC shellfish monitoring stations in the central harbor (see discussion
under 2008 monitoring program above). The general feeling was that the meeting was positive.

LIS Futures Fund Grant award – Eric has sent in documentation to close out the 2007 water monitoring grant. Upon
so-doing, the Committee will receive $ 30,500 in reimbursement.

                                               No Discharge Zone Status

Eric reported that the EPA Regional Administrator has given final approval on the Hempstead Harbor and Oyster Bay
/ Cold Spring Harbor No Discharge Zones but that they have not yet been published in the Federal Register.

                                                 Clean Marinas Project

Eric mentioned that this program is on hold until final approval of the No Discharge Zone petitions.

                                           Coastal Signage II Project Update

Kevin and Eric reported that the DOS has provided the following status on the revisions to the draft signs that were
submitted:

        The Osprey sign is ready to be manufactured.
        Cedar Swamp Creek - We are working with a graphic designer to develop a better illustration of a
         watershed. I've just provided my comments and hope to see something back in early November.
        Sea Cliff Steamboat- I've directed Paul to come up with a better layout by bring the people forward making
         the sign more "active." Work is still needed on the captions for the color image inserts.
        Gerry Park and Cedarmere are in pretty good shape - needs some minor tweaking.
        The Paper Mill has been reworked and Nancy Kunz is looking it over.
        Glenwood Landing and the other Sea Cliff signs both need to be more focused and will require a bit more
         work.

Eric reported that he had heard from Dan Maddock who had some concerns over the revised Sea Cliff panel. His
concerns revolved around the panel’s discussion of “gold coast mansions” which were not located in Sea Cliff.

DOS also has started on the 2007 EPF signage contract.

                         Scudder’s Pond Subwatershed Study, Retrofits & Improvements

Eric reported that the review team has reviewed the RFP responses for Scudder’s Improvements Phases I and II and
that the unanimous opinion was that Cashin Associates offered the best proposal. Eric is waiting for the go-ahead
from the Department of State to hire Cashin. The next step will be the preparation of letter agreements between
Cashin and the Village. Once these are signed, it is anticipated that a joint kickoff meeting will take place for these
two contracts as well as the Powerhouse Drain contract (which has been awarded to Cashin).

                                        Powerhouse Drain Subwatershed Plan

Eric mentioned that the Village of Sea Cliff and Cashin Associates have entered into a letter agreement.

                                                     Other Business

Glen Cove Waterfront Project – Eric mentioned that the presentation by the Glen Cove developers that had been
scheduled for this meeting was cancelled because the developer wished to have a public meeting in Glen Cove
before presenting the revised conceptual plan at our meeting. They were willing, however, to meet with a select few
of us but this meeting has not been scheduled. During the meeting, Eric put in a call to Darren Monti and proposed a
date that was good with Bill, himself and Carol.
Coordinated Patrols and Enforcement on the Harbor – Joel Ziev pointed out the need for resurrecting our efforts at
coordinating harbor patrols between the two Towns, the city of Glen Cove and the Nassau Marine Police and for
being able to enforce each others’ codes. Eric pointed out that a meeting was held with all of those parties a few
years ago and the feeling at that time was that there was no real need to such coordination. The Committee felt that
this idea should be revisited. Eric will work on convening a new meeting possibly in conjunction with the
Powerhouse Drain project which has a component for enforcement.

Nassau County Soil and Water Conservation District – Kevin pointed out that the District has just hired a new District
Manager (Brian Zimmerman who formerly worked with the USDA office in Riverhead) and that the County has
proposed cutting the District’s funding by 25% next year (from $ 100,000 to $ 75,000). Kevin appeared on Monday
before the County Legislature to advise the Legislature of the benefits that the District provides and urged them not to
cut the funding. He suggested that the Committee send a letter to the Legislature supporting the District’s efforts to
avoid the budget cut. The Committee concurred with the request. Eric will write and send a letter to the
Legislature.

The meeting adjourned at approximately 9:00 pm

NEXT MEETING: December 10, 7:00 PM – Sea Cliff

								
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