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Sound View Commission Minutes Unapproved 05/29/2012
Sound View Commission
Meeting Minutes — Unapproved
29 May, 2012
Town Hall, 7.30 pm
(Audio Folder B 03/03)

Present: Frank Pappalardo (Chair), Joann Reis Lishing, Michaelle Pearson (Secretary), Harry Plaut, Russ Carlo (Alternate)
Frank Maratta (Alternate)
Also present: First Selectwoman Bonnie Reemsnyder (ex officio), Selectwoman Mary Jo Nosal (ex officio); members of the public.
Absent: David Kelsey, Joseph Camean (Alternate)

7.35p Meeting called to order by Frank Pappalardo.  
Mr. Pappalardo seated Alternate Russ Carlo for the absent Dave Kelsey.  

7.36p Joann Lishing moved to approve April minutes. Seconded by Russ Carlo. Motion carried.

7.39p Correspondence: Mark Mongillo of Federation of Beaches sent a letter commending the Rangers and Police for managing traffic and public safety this past weekend.

Scott Boulanger: VP Miami Beach: emailed regarding swim line placement.

7.44 Public Comment:

Frank Pappalardo announced rules for public comment, then opened the floor. Shirley Annunziata, Portland Avenue: reported that the swim line “emergency opening” had been placed in the center of the crowded swimming area, and that a boat was shuttling people back and forth from the Pavilion Bar through the emergency opening.
John Boccaccio, Portland Avenue: asked if there was any policy regarding sand dunes, citing the apparent lowering of the one at the B-11 passthrough.
Frank Pappalardo asked if he had noticed this recently? Mr. Boccaccio said, yes, four to six weeks ago the dunes were as high as the fence. Someone is tampering with it. Frank Pappalardo asked Mr. Boccaccio to show him the exact spot, said he would look into it, take some pictures and draft a letter addressing land use and LI sound conservation.

Russ Carlo, speaking for Louie Mongioi of Swan Ave: There were Jet Skis tied to the boat landing area and a few on the beach and a large boat came into the shore through the emergency opening. The Alley behind 71 Swan needs to be cleaned out; a No Parking sign at the end of Swan was downed. There was also a golf cart on Swan Avenue. On Sunday 6.30- 7pm there was exceptionally loud speedboat noise. Can anything be done about that?

John Boccaccio also cited ongoing problems with motor bikes coming through the passthrough next to his house at high speed. Dangerous for riders and pedestrians. First Selectwoman Bonnie Reemsnyder said that there had been a similar situation at a passthrough on Clifton street. That passthrough has been reconfigured into an L-shape for safety, which requires bikes to slow down to navigate the turn. She said this should be addressed with Ed Adanti.

7.50pm 2012 Budget
Frank Pappalardo: We had 2000K appropriated for beach signs, repairs, etc.
We stayed well within budget.

2013 budget: $1224. appropriated for operating expenses.  Alley signs $350. Bocce Courts temporary repair/reconditioning $2300. Passthrough barricades $1500. Stop signs in road $2820. Budget approved at town meeting, funds become available on 7/1.

8.01pm Parking:
Frank Pappalardo: Officer Heinssen thought Rangers did a good job monitoring street parking. Hartford Avenue businesses had their spots available, and Don Bugbee said all went well at the parking lot. On Saturday, Mr. Bugbee dropped the price to $20; no info yet re: pricing on Sunday or Monday.

Mr. Pappalardo mentioned that he heard from Jack Vecchitto of Vecchitto’s Italian Ice Shop asking for 15 minute commercial spaces in front of his store. Ms. Pearson agreed, saying she was surprised that Vecchitto’s hadn’t been automatically allocated two spots. The rest of the commission agreed, and Frank Pappalardo asked Bonnie Reemsnyder if we could ask Ed Adanti to allocate those spaces. First Selectwoman Reemsnyder replied that Ed should be contacted asap, since he will be lining the parking lot tomorrow morning, and could paint the spaces at the same time.
Mr. Pappalardo confirmed the addition of two business spaces in front of Vecchittos. There is also an issue with the two handicapped spaces on Swan Avenue. It was determined that they shall remain free for the time being.

Ms. Pearson said that she had heard many complaints from private parking lot owners regarding the seemingly arbitrary pricing in the town lot, and also the tiered fee structure of the new paid spots on Hartford Ave. Mr. Plaut asked if the private lot owners were upset about the increase in their fees. Ms. Pearson responded that whenever a fee is raised, people will naturally be unhappy about it, but that didn’t seem to be the main concern on the part of the lot owners. They were most frustrated by the reduced parking fees after 1pm and 3pm on Hartford Avenue. There was also a misunderstanding that the town lot will also reduce fees at 1pm/3pm, when in fact those reductions only apply to the new paid street parking on Hartford Ave. Ms. Pearson suggested inviting the private lot owners to our next meeting to voice their concerns. Dee Vowles, owner of the Carousel Shop on Hartford Ave, agreed, saying that the Commission should absolutely invite the parking lot owners because they have been doing the parking for years and they have info on what works, traffic and fees, etc. Mr. Pappalardo agreed, saying that was the reason we decided to move the long-term fee discussion to the summer months, so we could get full input from the lot owners, businesses and seasonal residents.

John Boccaccio cited the safety hazards of cars entering and leaving the private lots. First Selectwoman Reemsnyder said that Don Bugbee should also be invited to that meeting. Mr. Pappalardo said parking issues will be an agenda item for the June meeting. Ms. Pearson suggested sending a note to the private lot owners letting them know that parking will be on the agenda, and to get their input.

Mr. Plaut said we also must impress upon the lot owners that they need to inform their customers re the rules of the beach. Mr. Pappalardo said the signs have been delivered and should be posted in every lot by now.

Mr. Pappalardo mentioned that Claude Brouillard’s lot was permitted to open starting Sunday. Also, his lot next to the El Morocco was used on Memorial Day weekend temporarily to allow for parking of 12 Pavilion employee vehicles. There is some question as to whether this can be allowed under Zoning, and there will be further discussion with Mr. Brouillard in the next week or so. First Selectwoman Reemsnyder stated that this is the kind of thing we want to encourage in the SVVD. A finite number of employee parking spaces. Mr. Pappalardo concurred, saying, It’s good for business, and it frees up other parking spaces for beachgoers. Of course, it will have to be monitored, with some kind of tag or ticket system to make sure it is only being used for employee parking.

8.24pm Noise:
Frank Pappalardo: Zoning regulations say noise in or abutting an R-10 zone cannot exceed 55 dB. This was far exceeded over Memorial Day weekend and this afternoon. Noise from Pavilion and Lenny’s could be heard on Shore Road and beyond. Lenny’s has a court order against them stating that they can only have unamplified acoustic music. Lenny’s had a DJ, with amplification out on his deck in excess of 55dB. Mr. Pappalardo said he will send a letter to the Zoning and Health Departments regarding the noise violations and requesting their immediate action. Mr. Carlo asked about containing the noise inside the buildings? Mr. Pappalardo replied that it had been his personal hope that we could all work together, since we discussed this over the winter and Frank (Maratta) and Lenny (Corto, of Lenny’s on the Beach) were both present, but the noise issues this weekend showed we obviously can’t. We discussed the Town Ordinance. The enforcement agency for Noise issues is the Department of Health, which has assigned those responsibilities to the Buildings Department, which has further assigned them to the Police. First Selectwoman Reemsnyder stated that the Police have had the dB meter calibrated and there will be efforts to stop the noise. There have been reports of violations and those will be processed. She expects to have the reports tomorrow.

Frank Maratta (owner of Pavilion Bar) said that there had been substantial construction at the Pavilion, lowering the stage and centering it in an effort to try to contain the noise as much as possible, to be a good neighbor. Mr. Maratta was asked if that meant the bands were inside the building. He replied that they were outside. Mr. Pappalardo said that he appreciated the efforts by the Pavilion, but that the noise complaints showed that this is still a problem.

Ms. Pearson said that she had thought the noise had been mostly ok over the weekend, particularly at night, but this afternoon, the band from the Pavilion was audible as far away as Mile Creek School, so noise is still a major issue and more work needs to be done to bring the noise level down.

Frank Pappalardo reiterated that according to the regulations, 55dB is the daytime level for ambient noise. Mr. Maratta disagreed, asserting that only applies if the background noise is less than 55dB, then it jumps to 85dB. There was some discussion as to whether this was correct, and even so, that the noise level from amplified live music easily exceeds 85dB.  We are still hoping we’ll be able to work together to address the noise issue, but the bottom line is that no one needs to hear music from the bars on Shore Road and beyond.


8.33 SOP Manual: Joann Lishing said she had sent it out to the Commission and asked for comments, but didn’t receive any substantial replies. She suggested that she would do a draft of 4-6 items at a time and send out for comments. Mr. Pappalardo said that Dave Roberge has an Emergency Management Program regarding the beach area, which would be helpful in addressing some of the issues in the SOP manual, especially with the Community Center being named as a place of refuge in the Emergency Plan. Ms. Lishing also broached the subject of acquiring an AED for the Community Center and said she would bring it up at the next SVBA Board meeting. The cost would be $1500, which is a discounted rate; hopefully there would be grants available to cover the cost.

8.38pm Public Safety Update:
Frank Pappalardo described the information on the Town website regarding the new rules at Sound View, and said that he had received much positive feedback Re: the Old Lyme Beach Rangers.

8.39: Swim Lines:
Harry Plaut described the process of laying out the swim lines this year. The emergency access break used to be located between buoys 1 and 2. The DEEP requested that it be moved further west, so it is now between buoys 5 and 6 (of 7).  The distance from 1 to 7 is 650 feet. The break between 5 and 6 is only 50 feet. Technically if that break is between 6 and 7, it doesn’t represent the middle of the line to Garvin’s jetty.

Mr. Pappalardo said, The swim line is on the easterly side of Swan Avenue, which is town-owned beach. From there it should go straight out.  Mike Payton (DEEP),  Payton requested that the actual emergency area be as far away as possible from the congested part of the beach as possible, at the far westerly end of the swim line.
.
Mr Plaut said if the break is at  Hawk’s Nest, those residents will complain.
Mr. Pappalardo replied that the emergency break has to be where the DEEP requested it: in the least congested area of the beach, at the westernmost edge of the stipulated line.
Mr. Plaut said he would move the opening to conform to the DEEP plan. Ms.Pearson said that the opening right now is in one of the most crowded sections of the beach, in the center of Miami Beach. There are boats coming in where people are swimming.
Mr.Plaut said he would move the break, but asserted that but boats will enter there.
Ms. Pearson said she felt the DEEP directives must be followed, which would put the opening at the furthest end possible. She also suggested possibly closing it off with a caribiner, etc. to make it clear to boaters that it is not a general access point.
Mr. Plaut said, The Town’s permit is only to the end of Miami Beach, so that’s the furthest it can go.
Ms. Pearson read from last month’s minutes: “Mr. Payton stated that the DEEP does not expect any swim line emergency openings in congested areas. He (Payton) said that the emergency opening would be more appropriate closer to the less congested Hawk’s Nest end of the beach.”

Mr. Pappalardo asked that the opening be moved further to the west, where DEEP said was to the least congested part of the beach? Mr.Plaut agreed to move the opening. Mr. Pappalardo added that the DEEP plan also stipulates that there should also be a buffer line roughly 13 feet to the East of the swim line.
Mr. Plaut agreed to check on that, saying that he had thought that wasn’t part of the town permit, but instead part of the agreement with (Gary) Gnazzo. In years previous there has never been a buffer line put in by anyone but that private homeowner.

Mr. Pappalardo disagreed, saying it was part of the town permit, and that he and Mr. Plaut should review it carefully to make sure it’s done right. He added that there were numerous complaints this past weekend regarding boats and PWCs entering the swim area via the emergency access. Mr. Pappalardo said the jetskis are a pollution hazard, a safety hazard, a fire hazard. Someone is going to get hurt. There is only one water taxi allowed for the Pavilion. That is all that is allowed. The Commission are going to request that the Selectmen post a sign stating that the water taxi is allowed, and that’s all that’s allowed.  

John Boccaccio confirmed that the emergency access was being used by boats all weekend, entering the swimming area. It was very dangerous.

Mr. Plaut agreed to move the emergency opening to the far western side of the permitted area, as had originally been requested.

Bonnie Reemsnyder asked Mr. Paut if there could also be emergency signage placed along with signs that say no jetskis, etc.? Mr. Plau said he would send her some options for review. He then addressed the timeliness of the swim line installation, saying poor weather conditions  prevented the installation of the lines; that there were 13 days of rain this month, and the work can’t be done in the rain. There were also several days of thick fog on the water. Mr. Plaut said he had  received many emails asking about the timeliness of the work, but people don’t seem to understand that you can’t put out the lines in bad weather. First Selectwoman Reemsnyder said that if there is a legitimate reason for a delay, please let me know and I will take care of responding to the emails.

8.52p Public Works: Mr. Pappalardo:
Ed (Adanti) will be cleaning up the alleys this month. The signs will be up after July 1, but we have so much overgrown brush, and a deck and a dumpster in the way. We will try to contact people who are believed to be encroaching, to resolve some of these issues in a neighborly fashion.

9.00p New Business:
Mr. Pappalardo addressed the additions to the beach at the Pavilion: posts with ropes attached and signs that say no coolers beyond this point, saying, While it is certainly within the rights of property owners to maintain their properties, there are many questions that arise with regard to fencing, such as:
Is a fence required to be incorporated into a site plan?
Discussion of fenced areas: do they present a trip hazard, a crowd control hazard, an emergency access hazard?
Also, it would have been nice of the Pavilion to let the Commission know this was planned, so it could have been discussed prior to placement.
Mr Maratta stated that he had asked the town repeatedly to ban coolers on the beach, to no avail.

Mr. Pappalardo said, until we have a place for picnickers to go, we can’t ban coolers. This has been an ongoing discussion with the police and parks and rec. Discussion re coolers, resulting in a call for further exploration of what the consequences would be to banning coolers outright, or limiting their size.

Ms. Pearson also pointed out that Mr. Maratta’s property does not include the alley between the Pavilion and Lenny’s, or the sand below the median high tide line and that she expected the town to actively enforce the people’s right to traverse these areas unimpeded by fencing or other obstacles.

Mr. Carlo asked if there had been any further discussion of having a lifeguard on the beach.

First Selectwoman Reemsnyder said that it would have to to be put in the budget. If the Ranger patrols improve behavior on the beach, it would be appropriate to add a lifeguard. In the past it was seen as a potential safety issue for the lifeguards. There should be more discussion on this going forward.



9.14 Motion to Adjourn
Russ Carlo  motioned to adjourn.
Joann Lishing seconded. Motion carried. Meeting adjourned.

Next meeting Tuesday, 6/25/12 at the Shoreline Community Center on Hartford Ave. Please note date and venue change.

Michaelle Pearson,
Secretary