Stannard Beach Assn General meeting notes June 30, 2013

Stannard Beach Association General Meeting, Sunday June 30, 2013  Draft Notes

The meeting was called to order by George Dallas at 9:05 a.m. with a moment of silence in memory of those who have passed away including Norma Glassman, Yuddy Shapiro, Si Bernstein and Natalie Bernstein.

Rose Madnick is recovering from surgery.

The minutes of the August 26, 2012 minutes were read, edits made by Peter Black, then all present voted to approve.

Peter Black requested more details in the special projects section of the budget. Those dollars have not been expended yet. Connie Tosto suggested setting up a capital reserve for the $20,000 in that account, and taking out a percent of the incoming money every year for major projects, so it is a reserve.

Connie Tosto made a motion, Jerry Skolnick 2nd, to take a percent of incoming dues and create a reserve account for capital improvements. Create a line item “capital reserve”. All approved.

Can we apply a percent of the budget or a percent of the surplus or retained earnings to this account? Can call the excess amount of the budget a capital reserve, or add to the mil rate to set up a capital reserve.

George Dallas explained that for the past several years the mil rate has been set to generate money for projects.

Codify the process by creating a capital reserve account so it is established as an actual separate account/line item.

All present voted to approve the 2013-2014 budget.

Thank you to Vy Kava and Marie Garabedian for setting up the breakfast.

Tennis court repairs are complete.

Beach court issues are settled. A letter was received from Eileen Nichols and Connie Tosto stating they have a plan for Groin #2 as required by DEEP.

Welcome to Kim and Glen Golden who purchased the Bobrow house at 125 2nd Ave.

The Kollmeyer study is being updated – the update has been initialized regarding erosion issues.

Association picnic on the beach – may ask the board for a one time permission for food on the beach.  More info to follow.

Right of way to east of Richard Rosenblatt is being washed out. Waiting to hear from the Datillo family as they need to do repairs before us so we have something to attach to.

The rights of way are for all Association members’ use. We need a list of rights-of-ways. The membership would like a map to go out showing where the right-of-ways are. Connie Tosto noted that the right of way across from her is private.  Rights of ways permit “passage and re-passage” to/from the beach through these areas.

At Water’s Edge the old North Cove Outfitters is becoming Ocean Breeze frozen yogurt café.

Security: Fred Camarra has extended hours. Friday 6-12, Saturday noon – midnight and Sunday 10 a.m. to 6 p.m.  $8000 is spent on security. The prior budget was $12,000 but the board decided to remove the June hours and shift the current hours to a later start and later finish.

Water’s Edge fireworks will be Tuesday July 2. Please give Fred Camarra the names of your guests as we monitor the entranceways/parking at Stannard Beach for safety so that emergency vehicles can get through. Lots of extra cars can block the roads so we are careful to monitor incoming vehicles, asking guests to be sure to park legally and safely.

Beach cleanup: the process has slowed this year as the Fishmans just put in new sod in the area where debris is usually removed, so we need to wait until it is established.  Debris has been cut up, some has washed away and the remainder will be removed by a contractor. Beach at the end of Maple Lane has lots of logs.

Darcy Caslin requested an update on the Brown-Lyman right-of-way.  Michael Guinan, Marty Webber and John Abella are working on mediating the problem, which is close to resolution.

Speed limit in the Association is 15mph. Please slow down. All drivers must have a driver’s license to operate any moving vehicle. Folks in cars and especially golf carts are not stopping at stop signs. Please cooperate for the safety of everyone.

Paul Shlein noted that delivery and work vehicles are driving over yards, rock walls and flowerbeds. Please get the license plate number and report it directly to the Westbrook police.

Parking: There is no parking on the pavement area of 2nd Avenue as emergency, fire and ambulance vehicles must be able to get through. If they need to come through they will plow right through your vehicle if it is in the way.

Dave Caslin asked how we get through the streets with all the contractor vehicles parked all over the roads. Should a bond be posted for construction?

Dave Caslin made a motion that if you are doing a project at your home you need to take out s $10,000 bond to repair the roads, yards, walkways, hedges and lawns from damage done by work vehicles. Anything that requires a building permit  would need a bond. The homeowner pays for the bond. 

Mike Guinan suggested $100/day fine over a certain number of warnings. Elin Katz asked how we can enforce our Association rules? The Lymans posted a $10,000 bond with the Association. After the work was completed, after a period of time, they got their money back.

The Rules Committee needs to deal with these issues. Steve Powers suggested we need to look at our rules and consider updating them to be modern, giving authority where it is needed and addressing enforcement.

Motion amended by Dave Caslin to form a committee to study the bond idea. Darcy Caslin 2nd, approved.

Carmela Dallas requested a dog park. The Board will consider it.

Peter Black asked that the minutes be posted within 30 days of the meetings. If can’t post to blog then email or snail mail them.

No dogs are allowed on the beach. Pointina Beach allows their dogs to run on our beach, which is against town ordinance and state law.

New business: extend the beach all the way by studying erosion mediation.

Motion to adjourn by Marty Webber, 2nd by Jeff Morris. Adjourned at 10:05 a.m.

Submitted by S Bender, secretary. 

Stannard Beach Assn BOD mtg May 26, 2013

Stannard Beach Association Board meeting May 26, 2013 Re Lyman-Brown right of way

Do we add sod? It was not in the original proposal. Cost estimate is about $1500.

Proposal: An expense not to exceed $2000 should be allocated to replace the disturbed sod. Who shall pay for it? Existing proposal is $8150 and does not include sod.

David Caslin - destroyed sod should be replaced, and Sandy Seidman agreed, but both stated it is a private expense.

Lou Brown’s son, Michael, spoke for Lou, stating that Lou will give $8000 towards the fixing of the problem but he is not accepting full responsibility for causing the problem.

What if the proposal does not work? Who pays if it doesn’t fix the problem?

If we do not sod now there will be no lawn there this summer, and it is a busy right-of-way. It will be a muddy mess as there is no time for grass to grow there. Ron Webber asked Michael Brown to ask his Dad to increase his dollar amount by $2000 to cover the sod, so there is no more problem, since there is no time for a lawn to grow. Michael requested a cost and the folks working at the Seidman property say about $1500 to sod the right-of-way.

The BOD suggests capping the cost to Lou.

Stannard Beach Assn BOD feels it would set an inappropriate precedent for the Assn to pay for others’ construction damage to the area. What is required of one party/person doing construction should be required of everyone doing construction. Requires a by-laws change.

Motion made: Lou Brown agreed to pay 1/2 of the cost of the sod up to a maximum of $1,000.

All voted in favor. Maximun of $1000 from Lou Brown and the remainder from the Association. Meeting adjourned 9:30 a.m.

Stannard Beach Assn BOD mtg April 28, 2013

Stannard Beach Association Board of Directors meeting April 28, 2013

George Dallas, Assn President, called the meeting to order at 9:35 a.m.

Beach Court: All the emails on the subject have been shared. The BOD is waiting for beach court residents to say what they want done to Groin #2, and we have removed our conditions.  Lincoln Tedeschi will mediate.  The DEEP deal with the Stannard Beach Association allows the beach court residents to say what they want . Lou Florio made the original complaint but DEEP does not deal with individuals, only associations.

Board members want the SBA BOD to come up with an alternative plan since removal of the groin effects the entire beachfront.  Beach Court residents would have to approve a plan, and then the SBA submits it to DEEP. Stannard Beach Assn BOD says accept the first part of the Beach Court’s plan, but without the conditions, and give them a certain number of days to respond or it goes into effect without the conditions.

Playground:  Motion by Jeff Morris, 2^nd by Harvey Robbins, to spend $8500 on playground landscaping, digging it all out 18”, installing a frame, plastic lining and mulch. 2 in favor, all others against. Vote defeated. Mulch needed for safety. Motion by John Abella, 2^nd by Dennis Hersh, to include the playground in annual spring-cleaning. Take the dollar limitation out and include it in grounds beautification existing budget of $2500.  Approved.

First Ave right of way: Steve Mason’s bay window technically transitions from one parcel to another. This is a Town violation. The sidewalk is an “implied easement”, which separates the First Avenue parcel from the Second Avenue parcel. Sidewalk does not exist on paper but does in history.  Does the overhanging bay window violate the sidewalk?  No because the sidewalk does not legally exist as a boundary as far as the Town is concerned. How can the BOD allow one family to encroach but no one else? By-laws change, ordinance?  In condo associations there are common area laws so does everyone who buys at Stannard Beach need to accept the by-laws? What about existing owners?  It already exists. Previously established Building Committee cannot over-rule the Town. It would be difficult to implement a denial by our Association when a property owner already has permission from the town.  The by-laws do refer to no obstructions of line-of-site. Is there an easement that says if the right of way exists, but if not used for 40 years the easement ends?  Suggest hiring a condo association type of attorney to research our by-laws and suggest language to protect us going forward.  What do you do where there is no sidewalk? What if someone builds anyway – historically folks have built into the rights-of-way and it was expensive to try and stop it.  Ask Michael Cronin what the rights are regarding all of First Ave/First Ave sidewalk. Include a review of the existing by-laws.  Steve Mason said he had no knowledge of it when this issue happened, but yes, his house is 6.5” over the sidewalk. He researched the history and by-laws and there is nothing regarding a right-of-way, easement, or anything about the sidewalk.  All waterfront owners do own 2 pieces of land, in front of the sidewalk and behind the sidewalk.  The BOD directed the president to have the rights of First Ave investigated.  Why didn’t Steve remove the bay window and put in a flat window when the overhang was discovered? Steve said he did not do anything legally wrong. By legally joining the 2 parcels, there is no Town violation. Anyone can join their 2 parcels. Everyone should have the same rights and privileges as the Mason family, so changes to the by-laws must be fair going forward. The Masons put in their foundation at edge of sidewalk, not set back in line with the original.

Right-of-way between Brown and Lyman: George Dallas spoke with 6 landscape contractors before hiring Michael Lange, engineer, to do an engineering study. Landscape estimates are $8000-$12,000, so since that was expensive, got a proposal from Mike Spazzarini combined with Wrang’s engineering study. Must fill in the “bowl” created by construction on both sides of the right of way. To fix, dig out all of the bad material and fill in with good, percolating material. Cost $8000 including the report. Lou Brown pays $1600 splitting the remaining in to 3 pots of equal dollar amount

Stannard Beach owns the land in the right –of – way (Ave B).

Is this the best solution? How to break up costs? Cannot put in underground drains. (Lymans put in 2 underground infiltrators and the right of way was dry for 4 years until Brown built). Lyman explained his drainage chambers and how he angled his land and pavers to his own property. Passed around a video made in March showing large ponding in the right of way.  The front yard properties are mounded over the years due to sand influx (McDonald-Sharp engineers). That mounding impedes water flow. Lymans suggest doing pre and post construction surveys of topography so drainage is not inadvertently affected. Requested pre construction survey before repairs done, and topographical plan and proposed plan. Dave Caslin said Lou Brown said he wants the BOD to tell him what he needs to do. That’s why it’s back to the SBA board, but the Stannard Beach Assn did not create the problem!  Right of way did not flood before Lou Brown built. The BOD directed George Dallas to obtain a current topo survey, a plan to fix it, and a bond. Since Lou Brown has not fixed it the SBA needs to? Need a written scope of work. Have Lyman’s engineer tell George Dallas the scope of work and have insurance on the job so that if it doesn’t work we are covered.  The BOD suggested Lou Brown pay for the total cost of the project since it did not exist for 4 years since the Lymans’ house was built.

Security guards: Do we need them between Memorial Day and July 4^th?Costs $3000 for that time period. No.

Kollmeyer Study from1988 regarding beach erosion: All predictions in the study have come to pass to a greater degree than even predicted. Kollmeyer proposed a stone jetty/breakwater to break the power of the waves.  Mike Rottblatt and John Petchler discussed the study and how to finance any further efforts. Suggest updating the study to see what to do going forward. Need to make a capital investment to update the study and make recommendations to stabilize the beach. What can be permitted? M. Rottblatt spoke about the seawall having no footing or foundation at his house. He cannot rebuild his seawall because if he does he will not be part of a contiguous wall so it will have no structural integrity. The cost is $40,000 to $50,000 to rebuild the Rottblatt’s wall, times all of the properties along the water.  Mike Rottblatt chose to reinforce his wall rather than rebuild. Rebuilding would compromise the structural integrity of his neighbors’ walls. Therefore the engineering recommendation is to maintain a contiguous wall. As it is personal property, Rottblatt will bear the cost. It should be noted that two marine engineers recommended by FEMA gave opinions that other walls are at near term risk of failure hence the growing evidence steps must be taken to mitigate erosion. As per the engineer retained, Frank Bohlen, "doing nothing is not an option. Failure to act puts our neighborhood at continued risk.

Need to update the study and move forward with plan. In Clinton they used the recommendations and built huge cement jetties. We need to plan how to protect our community.  Storms come out of the southeast. As they come around money point they attack our beach. Houses like Mason and Katz are protected by the rock outcropping that breaks the waves. Can fund a project with a long term loan like a mortgage. Charges would be assessed like town taxes – more assessed to waterfront owners as is fair.  Or can put up a bond secured by several members’ private funds.  Can also defer interest on the loan incurred by any property owner until the house is sold.

A barrier could be build of dumbbell shaped stones or cement, shaped that way so they interlock.

Since FEMA has been decimated by payouts over the last 2 years they have given us a window of opportunity to potentially mitigate the erosion problem. Motion by Dennis Hersh, 2^nd by Bill Wrang, to contact the engineer and make a proposal to update the study. Mike Rottblatt is already in the permitting process to drive steel sheathing 12 feet down in front of his seawall and pour concrete footings.

We need a knowledgeable person to look into the funding as in other communities, the town, state and U S government, to see where funds may be contributed from. The cost to FEMA to help us is much less than paying many flood claims.

Meeting adjourned at 11:25 a.m.

Stannard Beach Assn Annual Mtg August 26, 2012

Stannard Beach Association,    Annual Meeting August 26, 2012 

The meeting was called to order at 9:05 a.m. by George Dallas, Assn President.

Vy Kava and Marie Garabedian were responsible for hosting the breakfast – thank you to both of them.

Motion to accept the minutes of the July 1, 2012 general meeting were read. Motion to accept by Merle Katzman, seconded by Dennis Hersh.  All approved.

Treasurer: John Kava. A copy of the budget is attached. Currently $56,994.10 in checking and $39,979 in savings.  Attached report read by John Kava.  Motion to accept byMerle Katzman, seconded by Dennis Hersh. All approved.

2^nd Avenue paving: can only patch this year, need to repave entire 2^nd Ave. Looking at ways to do that, but the change in elevation from Water’s Edge to Beach Court is 14’, so we are looking at how to mediate that water. All of 2^nd Ave needs to be addressed, not just patching the Water’s Edge end of the road.

Security: Fred the security guard was terrific; will give him a $100 bonus. If interested in after-season house checking, Fred can be hired privately.

DEEP: filed and closed notice of violation. The 1992 agreement has been removed (to move sand) since over the last 20 years it has been shown that sand moved does not stay. Littoral shift, Money Point and Salt Island all affect the beach. So the DEEP notice of violation is closed. If we had not responded to the notice it would have cost the Association $100/day fee.

Additional old business: Motion by Sydelle Baskind, 2^nd by Linda Pinn, to send all minutes by email and post on blogspot. All approved.

Nominating Committee: Sandy Seidman announced the slate (time period September 2012 – August 2013)

President………………………..George Dallas

1^st Vice President…………….John Abella

2^nd Vice President……………Steve Powers

Treasurer………………………..John Kava

Secretary………………………..Sharon Bender

Three year directors……….David Caslin, Mark Miller, Paul Shlien

Two Year Directors…………Marty Weber, Michael Rottblatt, Lincoln Tedeschi

One Year Directors………….Linda Pinn, Mike Guinan, Al Berkon

Coming off the BOD are Jason Garner and Mark Madnick

Motion to approve by Dennis Hersh, 2^nd by Jeff Morris, all approved. Barbara Mason asked that there be consideration for adding more women to the Board.

Risa Sodi asked that proposed slate stand when names read. Slate was reread with those in attendance standing when their names were announced.

New Business: Regatta/social was very successful. Thank you to Barbara Berkowitz, Carmella Dallas, Rhoda Elligator , Marie and Keith Garabedian, Mike Keily, the Masons, O’learys,, Petchlers, and Rottblatt families. Ari Feinstein made a donation to help cover costs of his family visiting/renting at the beach.

Homes for sale: Clarke and Marilyn Harris’s home on 54 Ripley Hill is for sale.

Peter Black requested that a committee be formed to look into options for mediating sand erosion, and sent out an email and snail mail resolution requesting a  change in the the allocation of the budget to go from $2000 to $20,000/year for beach maintenance. (letter and resolution attached).

Part of the agreement recently made with DEEP is that groin #2 will be removed if a plan is not agreed to by all parties at the creek end of the beach.

Safety concerns are boulders and sharp rocks 8’ down on the ocean side of the sea wall. If anyone falls off the wall, who is liable?  Is private property.

DEEP says if groin #2 is shortened or removed there is no guarantee it will help sand filling in and no guarantee that no more sand will shift away.  The original study (Kollmeyer), 1984 or 1986, had $25,000 appropriated for a study, and it is extensive. In 1988 a big study came out suggesting:

1.     rip rap bottom of sea wall

2.     put in a series of low profile groins/jetties to stabilize sand

3.   install a stone breakwater off shore. Cost at that time was approximately      $250,000. Defeated by a majority of votes.

All options defeated by the Stannard Beach Association at that time.

Dennis Hersh said we cannot change the budget now, must make a motion before the July meeting. The board must put together the budget for next year, so when it comes up at next July’s meeting, put the request in the budget for approval or not before the July 1^st meeting.  George Dallas suggested coming to the Spring Board meetings to suggest proposals.  Harvey Robbins said that there must be a motion asking for a resolution for the Board to consider a $20,000 line item in the annual budget for beach maintenance and planning. Motion by Harvey Robbins, 2^nd by Tim Bransfield.

What is the Association’s responsibility under the new resolution? Since the DEEP cannot find permission in their files to build groin #2, all residents at the creek end of the beach who are affected need to agree on a plan. They can shorten the groin up to 20’ (attach DEEP resolution notice). Can leave vertical pilings in place so can rebuild if taking it down does not improve conditions. Can also decide to bring in sand on their own, according to Peter Black.  Brian Thompson of the DEEP   confirms that the Association is responsible for the groin. The groin was built initially due to this same problem of sand shifting so it is not recommended to remove it.

George Dallas clarified that the Stannard Beach Association will oversee the groin changes, as we are the certificate holder, but we are not necessarily responsible for paying for the work, if any is done. (‘As the certificate holder, the Assn is responsible for the groin”, is in the DEEP resolution).

All neighbors at the creek end of the beach must agree on a plan and SBA hold the certificate.

Move sand? Sand flats were moved for years but laws were changed and it is no longer allowed.

Lou Florio from 13 Beach Court: focus on maintenance plan/resolution before the membership. Lou encouraged everyone to pass the proposal to put $20,000/year into the Stannard Beach Association annual budget, when it gets voted on next July 2013.

Safety and security concerns at creek end of beach: have been reported at various times.

The State of CT notified Beach court residents of its decision. The Stannard Beach Association is not liable for the seawall or the base of the wall in front of the seawall. There were further recommendations to increase the beach budget for maintenance/erosion mediation.

Jerry Skolnick asked why his association dues should be used to improve the beach when he has limited access to it?

Linda Pinn asked to vote on the motion based on the recommendations:  Resolution: modify the current budget item of $5000 by changing it to $20,000/year for beach maintenance and nourishment, and it will be on the BOD agenda to consider next Spring 2013.

Mike Thomann: need clarification on what is in the current budget - $2000 or $5000? Cannot find the $5000 budget line item for additional maintenance. Only shows $2000 clean up.

All of our jetties and groins need to be inspected and maintained every year. This is an important annual budget item/expense as permits to build new groins or jetties are very expensive and time consuming to obtain.  Costs over $2000 to submit the paperwork required to request permission for a new groin or jetty, so let’s preserve what we have.

Risa Sodi: Are we suggesting or directing the Board to include the money in the budget? 

Resolution: That the Stannard Beach Association directs the Board of Directors to consider changing the line item of the budget from $2000 to $20,000/year for beach maintenance and nourishment.

23 for, 25 against. Motion denied.  

Carmella Dallas suggested a resolution be proposed to the residents at Beach Court for rip rap that was rejected previously by those residents.

Linda Pinn invited everyone to the Chester synagogue on Friday, September 7, 2012, for the showing of an old mural from the Manchester synagogue that has been restored and hung at the Chester synagogue.

Motion to adjourn by Marty Weber, 2^nd by Merle Katzman. All approved.