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05/20/2020 09:00 AMWestbrook has re-opened the West Beach parking lot on Seaside Avenue, but only to residents.
As of Friday, May 15, the parking lot is officially open from 8:30 a.m. to 8 p.m. every day, but while the beach itself is open to everyone, only Westbrook residents may park there.
The decision was announced, discussed, and refined somewhat at a special meeting of the Board of Selectmen (BOS) on May 14.
Residents wishing to park will be asked to provide a tax bill, a piece of mail with their Westbrook address, and a driver’s license, which will be matched up with the other pieces of identification. Parks & Rec staff will hand out information sheets describing social distancing and other requirements. Signs will also display the requirements, according to Parks & Rec Director Rich Annino.
Face masks will not be required at the beach, according to Director of Public Health Zachary Faiella.
“Face masks are only required in public places where social distancing cannot be maintained,” he said.
Elderly people and those at high risk, however, will likely wear them.
Enforcement
Resident Trooper Ben Borelli explained that police officers will be stationed at the beach to provide backup to the Parks & Rec employees and to enforce social distancing along the entire beach, all the way to the Elks Club.
The police will aim for voluntary compliance, Borelli said.
“If they do not comply, we’ll tell them that they must comply or will have to leave the beach,” he said.
Those who refuse may be charged with loitering or, if things escalate, with breach of peace.
“We hope it doesn’t go that far,” he said.
Those who violate a municipal ordinance may be issued a $35 ticket, Borelli said.
“Nobody wants to have a heavy hand here,” said First Selectman Noel Bishop.
The purpose of opening the parking lot to residents only is to reduce the number of cars parking there overall, Faiella explained.
Selectman Hiram Fuchs expressed concern about whether restricting the parking lot to residents violated the decision in the 2001 Connecticut State Supreme Court case Leydon v. Greenwich, which determined that restricting access to a public park violated the First Amendment of the U.S. Constitution as well as the free speech and assembly clauses of the Connecticut Constitution. The Westbrook town attorney, however, gave the go-ahead to the lot restriction, as non-residents are not excluded from using the beach itself, according to Bishop.
Bishop also stated that the BOS would be able to revisit the policy later.
“The idea is to get the [parking lot] open now and get through Memorial Day weekend,” he said. “The BOS retains the right to revise and adjust the guidelines.”
Bishop established a committee, made up mainly of Westbrook staff, to discuss the town’s plans for re-opening. Members are Building Official David Maiden, Emergency Management Director Don Izzo; State Representative Devin Carney (R-23), Bishop, and Faiella, he said.
Those who met with him to specifically discuss reopening the beach parking lot were Annino, some state troopers, and Donna Castracane, the town’s finance director, Bishop said.
Bishop maintained that minutes of these meetings are kept but are not required to be posted, as they are “exempt from public reporting.” Anyone wishing to obtain a copy of the minutes may request them from his office.
“We have to ensure our recovery efforts are consistent with the governor’s orders,” he said.
Other Parking Areas
Council of Beaches President Pat Marcarelli asked what would happen at Middle Beach, which has several public parking spots. Bishop responded that the town “can put a sign there,” indicating that parking is for residents only.
Borelli said that he would ensure that regular police patrols drive by the area and check the parking lot.
The Elk’s Club, which has the largest lot in the West Beach area, will be actively monitoring it to ensure that Elk’s Club members only, whether from the local club or other clubs, are permitted to park there, according to the club’s exalted ruler, Joseph Carpio.
As for lots within walking distance of West Beach, such as at Town Hall and Dunkin’ Donuts, Annino said that beach staff is instructed not to offer that information to visitors.
Park & Rec Staff Safety
In response to questions from Fuchs, Castracane stated that Parks & Rec employees who were not comfortable performing their jobs in the face of health risks would not face retaliation.
“It would be illegal for the town to tell a lifeguard they can’t come back” to work for Parks & Rec because of concerns about getting sick, she said.
In case of an emergency, lifeguards have special face masks for mouth-to-mouth resuscitation that cover the mouth of the person they are attempting to save, Annino said.
“We’ve been doing this all along,” he said. “Nothing’s changed. I’m not going to force anyone to do a job if they’re not comfortable.”
Staff will be supplied with personal protective equipment (PPE) and hand sanitizer, Faiella said. Prompted by Fuchs, Faiella said he would provide those working at the beach with training to ensure they are informed about properly using PPE.
A Question of BBQ
Concerns arose at the meeting about Hog Wild Smokin’ Cue, the concession stand at West Beach, which will re-open for business on Friday, May 22.
One consideration is that many Hog Wild customers park in the West Beach parking lot, eat at Hog Wild, and then leave again. Customers include those who work at area marinas as well as The Lee Company. Temporary parking by lunch customers might create some confusion when enforcing the parking restrictions in the lot.
Additionally, the West Beach bathrooms will be open to the public, partly because Hog Wild is required to offer restrooms to its customers, according to Faiella. The restrooms will be cleaned and disinfected on an hourly and as-needed basis, he said.
Board of Finance member Chris Ehlert strongly objected to the restrooms being open, stating that according to Governor Ned Lamont’s executive orders 7 and 7R, “public restrooms are closed.”
Ehlert wanted to know “why part-time summer help [would be placed] in harm’s way cleaning bathrooms. [Restrooms] should be closed in accordance with existing orders.”
Executive Order 7R, however, does not mention restrooms but gives the commissioner of Energy & Environmental Protection the authority to issue “orders she deems necessary to restrict or prohibit entrance into state parks and other lands under her control.” According to the website of the Department of Energy & Environmental Protection, “most park and forest facilities do not have open restrooms.” A review of the governor’s executive orders did not reveal any that order public restrooms to close.
Fuchs suggested that Hog Wild remain closed for a few weeks and allowed to open later “if things run smoothly.”
Bishop pointed out that the town has signed a contract with Hog Wild. Ordering it closed would have legal ramifications.
Hog Wild, like all restaurants, will have to pass a local inspection as well as file a self-certification with the state, Faiella said.
In phone call the following day, Hog Wild owner John Annello said he and his staff are busy preparing for its May 22 opening.
“We’re getting everything ready,” he said. “We’re following all the governor’s rules. We’ll have all his suggestions posted.
“We’re going to maintain the six-foot distance,” he continued. “We’re going to be doing everything according the rules.”