Meeting Minutes
The Old Lyme Harbor Management Commission
September 11, 2018 Regular Meeting
ATTENDANCE
Regular Members Present: Robert Falaguerra, George Finley (arrived 13 minutes late), Bill Harris, Teri Lewis (alternate), John MacDonald, Mike Mackey (ex-officio), Mike Magee, Jeff Meinke, Tom Meyer, Harry Plaut (ex-officio), Steven Ross, Richard Shriver (alternate)
Absent: Mark Beatty (alternate)
Guests: Keith Neilson (Docko), Alan Todd
Chairman Steven Ross called the meeting to order at 7:00 PM.
Richard Shriver was seated for George Finley.
REPORTS
a. Clerk’s Report: Approval of Minutes
Robert Falaguerra moved to accept the minutes of Meeting July 11, 2018, and Jeff Meinke seconded the motion. SO VOTED.
Steven Ross moved to move Agenda items under REPORTS /Correspondence numbers 5 and 6 to this point in the Agenda as Keith Neilson from Docko would be speaking. Tom Meyer seconded the motion. SO VOTED.
George Finley arrived at 7:13 pm and was seated in place of Richard Shriver.
Correspondence
5. Dock Variance Request – Alan Todd property 100 Mile Creek Road
Keith Neilson of Docko requested a variance for the Alan Todd application in order to allow for the boat lift in place of the davit. Photos were presented to the Commissioners and questions were asked. Steven Ross asked about the top rail being turned edgewise. There was a discussion, and although Alan Todd and Keith Neilson had no objection, Keith feels he must get approval for a “de minimis change” from DEEP on this matter. Steven Ross thanked Keith and Mr. Todd for doing all they could to conform to the regulations. Steven Ross moved that the variance be granted with one condition. That condition being that whenever possible the lift be placed in the lowered position i.e. the times of the year when ice is not a factor. Should this condition be violated with any consistency,
the variance would become void. Bob Doyen seconded the motion. SO VOTED.
Bob Doyen recused himself as a Commission Member at 7:15 PM.
6. Walkway Revisions – Robert Doyen property, 7 Devitt Road
Keith Neilson reviewed the history of this application. He requested that the Commission revalidate their original decision to have the walkway go all the way from the dock to the shore which was unacceptable to the DEEP. Photos were presented showing the inadequacy of having the walkway stop before reaching the shore. There was a discussion. The Commission reviewed pre-application presentation by Keith Neilson of Docko to extend the existing walkway to the shore just as it was in the original approval that the Commission submitted with the original application to the DEEP.
It was the consensus of the entire Commission (all members were present) that they support the original approval with the walkway continuing all the way to the shore. Leaving it the way it is presents safety issues with traversing the uneven marsh that is submerged to gain access to the partial walkway.
Bob Doyen was reseated at 7:30 PM.
b. Correspondence
1. Approval of Permit Application for 104 Hillcrest Road (Ramondetta) stairway
No discussion. Members had received a copy of this letter at an earlier date.
2. July 23 letter from Docko – Rotate top rail on Todd pier for reduced visibility
This is the hands of the DEEP at this time. Keith Neilson will follow up.
3. August 10 copy of application for dock modifications- Filbert Property 24 Neck Road
Keith Neilson will discuss this with the Commission on a future date. Members have a copy of this.
4. Aug 10 COP application for Point ‘O Woods maintenance / dredging 3 Mile River & basin
COP application received. No commission action required.
5. Dock Variance Request – Alan Todd property 100 Mile Creek Road
This was discussed earlier in the Agenda and the variance approved with a condition.
6. Walkway Revisions – Robert Doyen property 7 Devitt Road
This was discussed earlier in the Agenda.
c. Treasurer’s Report: Approval of Report for July, August 2018
Bill Harris presented the Treasurer’s Report for July and August 2018.
Beginning Balance: $25,576.12, Interest / Dividends: $50.28, Receipts: $525, Disbursements: $761.47, Ending Balance: $25,576.12. Bill noted that so far in September $1,150 has been received in mooring fees with another $50 as a donation.
The Treasurer’s Report was accepted.
d. Matters Relevant to the HMC at the State Level
There was nothing new to report.
APPLICATIONS FOR DOCKS
a. See correspondence above.
Filbert Property 24 Neck Road
Keith Neilson will discuss this with the Commission on a future date. Members have a copy of this application to extend the pier 60 ft. and add a floating dock.
COP application for Point ‘O Woods maintenance / dredging
COP for Point O’Woods requires no action on the part of the Commission unless there are any objections.
b. Status of Lisa Brault Dock Permit issued with non-conforming float size - Smith Neck Road.
Steven Ross reported that Keith Neilson will not ask for a non-conforming float for this application and has submitted the application with a conforming floating dock.
CURRENT BUSINESS
a. Member Appointments
There are no openings on this Commission for Alternate Members.
Teri Lewis was appointed as an Alternate Member in August. The Commission welcomed her.
Teri gave a brief overview of her marine experience and is happy to be a new alternate member of this Commission.
b. Pilgrim Landing – Mike Magee
Mike Magee reported that he and some other Commission members moved a rack from the property of River Rock Association to the Town property. He talked about improving signage on the property and racks. Mike approached Steven Ross about this and Steven suggested that Mike and Dick Shriver compose a letter to all people who have mooring permits in the area of Pilgrim Landing who may or may not be using the racks. Mike read the letter to the Commission which talked about how anyone in that area with a mooring permit may use the Town racks and that all boats should be stickered with the “If Found” stickers that would contain their contact information. These stickers are available in the Town Hall Selectmen’s Office front desk, Black Hall Marina, and DEEP Headquarters. Mike Mackey will print
out labels for the letters using the database of permit holders in that area.
Mike reported that Bonnie Reemsnyder stated that “No Parking” signs would be placed during swallow season, but this was not done yet and we are in swallow season.
c. Dinghy Dock – Mike Mackey
Status of Dave Peterson securing rollers with bolts instead of pins.
Mike Mackey reported that Dave Peterson had not done this. Harry Plaut found the rollers online. There was a discussion. George Finley moved to authorize spending up to $400 for rollers, pins and hardware for this project. They will be installed by Commission members. Mike Magee seconded the motion. SO VOTED. Harry Plaut will order the items. and be reimbursed for the cost.
d. Public Access Site – West Bank of Lt. River and Halls Road
Steven Ross reported on the review of the bids for the design and permitting phase. He and John MacDonald, along with Bonnie Reemsnyder opened the bids. The bids ranged from around $17,000 to $80,000. The lowest bid was Docko. The proposals were all reviewed by Geoff Steadman who wrote the RFP, and he reports that all five proposals meet the requirements of the RFP and can be considered in awarding the contract. There was a discussion about the actual RFP and the definition of “water access”. There was a discussion whether to interview any of the bidders, or at this time recommend to the BOS to award the contract to a bidder. The lowest bidder is almost half the amount of the second lowest bidder with the lowest bidder being a known entity with a positive history working with
the HMC Commission and with the DEEP.
Mike Magee spoke to the Commission about being approached by a resident asking about a place to store her kayak during the season. The Town at this time does not have any storage racks for kayaks, other than the dinghy racks for permit holders at Pilgrim Landing. He suggested that the area on Lt. River could be used. This resident was disappointed that there was not a rack for the Town’s people included at Haines Park with the new Boathouse Project.
Steven Ross said that this could not be included in the RFP at this point in time, but could be discussed in the future. The RFP will not be modified at this point. Mike will send an email to Steven for inclusion in the next meeting’s agenda.
John MacDonald moved that the HMC recommend to the BOS after a review of the five proposals – while all five engineering companies meet the standards of the RFP – that the lowest bidder Docko be awarded the contract for design and permitting of the Lt. River Public Access Project. This decision was made, not only because Docko is the lowest bidder, but because the Commission has worked successfully with this company in the past and continues to do so. Jeff Meinke seconded the motion. SO VOTED with all in favor.
Steven Ross agreed that he and John MacDonald will sit down with Bonnie Reemsnyder and Keith Neilson of Docko to review his proposal.
e. Status of Ordinance to HMC Plan Addendum for Variance procedure / capability
Steven Ross reported that the ordinance to amend the Town’s Harbor Management Plan to create a procedure for the HMC to recommend variances from the Harbor Use Zone Standards to a state or local permitting authority acting on an application to conduct activities affecting the waters of Old Lyme was approved at a Special Town Meeting on July 23 and enacted 15 days later.
The Commission thanked John MacDonald for volunteering to write up information for the Town Report regarding the HMC.
COMMITTEE REPORTS
Harbor Master Report – Harry Plaut and Mike Mackey
a. Status of moorings unclaimed that were pulled in 2013-14
There are two available to sell.
b. Harbor Master recap of activity since last meeting – Harry Plaut
Harry Plaut reported that on July 21 a sailboat broke loose from its mooring during a storm and wound up on the rocks at Point O’Woods. A boat sank at Old Lyme Shores on the same day. During the last weeks in July, he received numerous complaints from people regarding boats tied up together and playing loud music and jet ski problems in the same area of Sound View Beach. Today a boat sank in the waters off White Sand Beach.
c. Draft of Mooring Inspection Checklist and required procedure – Mike Mackey
Item tabled until 2019.
d. Inspections for moorings without permits
Harry Plaut reported that he finished doing this on July 17 and found two violations.
e. Status of collecting insurance certificates from authorized mooring inspectors
This item will be discussed further at a future meeting.
f. Claim against the Town of Old Lyme
Steven Ross reported that Eric O’Sullivan’s mooring chain broke, and his sailboat ran aground at Point O’Woods and is total loss. Mr. O’Sullivan did not have any insurance on his boat and has filed a claim against the Town. Moorings are permitted by the Town, but they are not owned or maintained by the Town. Steven has spoken to Bonnie Reemsnyder at great length, and he provided her with any needed documents for the Town’s insurance company.
NEW BUSINESS
a. Resignation from Bob Doyen as Vice-Chairman, resignation from HMC Dec 31
Steven Ross reviewed Bob’s membership on this Commission and the members thanked Bob for all his time and expertise serving. Bob will remain on the Commission until December 31 of this year. He is resigning immediately as Vice-Chairman to facilitate electing a replacement Vice-Chairman.
b. Nominate & Elect Vice-Chairman
Steven Ross had sent an email to members asking if anyone would like to serve as the Vice-Chairman since Bob Doyen is resigning his position. John MacDonald was the only member who volunteered. Steven Ross nominated John MacDonald as Vice-Chairman and asked for any other nominations from the members. Steven also expressed his support for John citing his qualifications and expertise as well as feeling they would work well together. There were no other nominations. Secretary Mike Magee cast one vote in favor of John MacDonald to serve as Vice-Chairman of the Harbor Management Commission.
OTHER BUSINESS
PUBLIC COMMENT – None
ADJOURNMENT
Robert Falaguerra moved and Tom Meyer seconded to adjourn the meeting at 9:03 PM.
SO VOTED.
The next meeting of the HMC will be on October 9, 2018.
Submitted by,
Mary Ellen Garbarino (Clerk)
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