Sound View Commission
Meeting Minutes — Unapproved
28th November, 2016
7.30 pm
Town Hall Meeting Room
Present: Frank Pappalardo (Chair), David Kelsey, Joann Reis Lishing, Michaelle Pearson (Secretary), Harry Plaut, Frank Maratta (Alternate), Jackie Miano (Alternate)
Also Present: Selectwoman Mary Jo Nosal, Scott Boulanger (Miami Beach Assn.; Federation of Old Lyme Beaches)
Absent: Sandra Ziemba (alternate)
7.32 pm Call to Order: Meeting called to order by Chairman Frank Pappalardo.
Approval of Oct 24th Minutes: Joann Lishing motioned to approve the October minutes. David Kelsey seconded. In favor: Lishing, Kelsey, Plaut, Pappalardo. Abstaining: Pearson.
Motion carried.
Correspondence: Addressed under new business.
7.45pm Old Business
SVIC Update
Construction has started on Hartford Avenue. Catch basins are onsite, excavations and installations have begun. Plan to complete West side of Hartford to Martino, further north weather permitting. ~The Engineer and construction company reported that there will not be any change with the completion date of early May 2017.
SV- SHPO Update
No news to report.
Correspondence: Letter sent from SVC to the Board of Selectmen requesting a clarification of the Town’s position regarding the fence recently erected by the Miami Beach Association. Letter questions the fence’s legality based on history and established legal precedent, and also raises issues of security and responsibility. Mr. Pappalardo reported that he had spoken with First Selectwoman Reemsnyder and she has been in contact with the DEEP, Office of Long Island Sound, Town Attorney and the State Attorney General.
Frank Pappalardo received a letter from Mark Mongillo/ Miami Beach Association regarding fence/ Clean Beach Update, stating Miami Beach’s position on the fence, fees and security.
Discussion of Miami Beach’s status as a privately-owned public beach. This is a unique situation resulting from its original designation as “Long Island Avenue”: a town road reserved for bicycle and pedestrian traffic only. Scott Boulanger added that although a daily “clean beach” fee is anticipated to be charged for entrance, the beach passes would allow access by Sound View and Town of Old Lyme deeded property owners for a minimal one-time fee, and that the details were still being worked out. Harry Plaut asked if there would be armed guards at the fence checkpoints. Scott Boulanger replied that perhaps at certain times of the day where there were transfers of funds this might be the case. Mr. Boulanger stated that the fence was not to keep people off the beach, but to help control the area,
which has been an issue. The Commission also questioned the beach stipend received from the Town. If Miami is collecting fees, should their stipend be reduced accordingly? What is the town’s responsibility for criminal or ordinance enforcement on Miami Beach?
Frank Pappalardo stated that the Commission is discussing the fence issue as it may affect Sound View beach and property owners. It is essential that accurate information be obtained so the Commission can respond to property owner requests and concerns. Although the consequences regarding fencing and fees directly affect Sound View, these issues also affect all town property owners. Therefore, actions regarding fencing or fees would need to be taken by the Town. The Commission may within its purview make appropriate recommendations to the Selectmen.
David Kelsey suggested that before the SVC engages in further discussion on this matter, we should have a statement in writing from the Town Attorney regarding his opinion on the legality of the fence and whether the town has standing to challenge it.
Motion by David Kelsey and seconded by Harry Plaut:
The Sound View Commission requests of the Board of Selectmen a written opinion from the town attorney, Jack Collins, regarding the authority of the Town over the legal standing of the fence recently constructed between Miami Beach and Sound View Beach, and all ancillary matters connected with it. All in favor. Motion carried.
Angelo Faenza, Portland Avenue, stated that while he realizes that the Town Attorney’s job is to protect the Town from engaging in lawsuits, this is an unusual situation, with a lot of history and detail that could be very costly to the town when summer arrives, and there are safety and security issues related to restricted beach access. The long term effects must be considered.
Harry Plaut, speaking as the Town Harbormaster said if the fence is allowed to stand, he would like to place signage on it regarding no PWCs tied to swim lines; no SUPs, Kayaks or other craft within swim lines.
8.35pm Sound View Summer 2016 Assessment letter to Board of Selectmen.
Frank Pappalardo reviewed a letter to be sent to the Board of Selectmen regarding the 2016 summer review. The letter stated that the 2016 summer was disappointing on a number of levels regarding progress of concerns as stated in our 2015 summer evaluation and requested some quantifiable data so that we may better identify the challenges and assist with development of a workable plan moving forward. He hoped to have some answers from the Board of Selectmen regarding issues presented last summer, and planning for 2017.
8.50pm Budget:
Budget has been submitted to BOF.
8.53pm: Committees
SVVD Subcommittee: Frank Maratta suggested that the Fire Marshal look at the former dancehall building as a fire hazard. David Kelsey said that the subcommittee is working with the owner, Frank Noe, and was waiting to hear about revised elevations after possible adjusted guidelines from FEMA. Mr. Kelsey will also review potential sub-zone change procedures as they pertain to demolition and site plan timing.
Private Parking Lot Subcommittee: Harry Plaut will join this group. Will contact Frank Pappalardo for scheduling.
LOL Chamber of Commerce Osprey Festival at Sound View: June 17th is the date. Mark Griswold is the Chairman, and will be working with the Commission on upcoming plans. Website is www.ospreyfestival.com
9.00pm Public Comment:
Donna Peters, Center Beach Avenue (Hawks’ Nest) had several points to make. She requested that the members of the Commission introduce themselves at the beginning of each meeting so members of the public would be aware of who was speaking during the meeting. She also asked why the minutes were not up to date. Mr. Pappalardo replied that the Commission had submitted the minutes in a timely manner to the town, but they had not been posted to the town website. He will look into this to make sure all minutes are up to date. Ms. Peters also asked about the construction project, especially the storm drains to ensure they would not be draining into the Sound. Mr. Pappalardo assured her that the entire project had been subject to a full environmental review and that there would be no negative impact on the Sound.
Next meeting: Mr. Pappalardo reminded everyone that there is no SVC meeting in December. The next meeting will take place on January 23rd, the same evening as the Annual Town Meeting, so SVC will meet early, at 6pm.
9.24pm: Adjournment:
Joann Lishing motioned to adjourn. Harry Plaut seconded. All in favor. Motion carried.
Meeting adjourned at 9.24pm.
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