The residents who asked this issue be pursued did everything by the book (even though that book can be frustrating).
The process started months ago with a simple statement, ”I’d like for my wife and I to be able to kayak at Witek Park, but the signs read no boating.”
Despite seeing others on the reservoir illegally paddling with their kayaks, this citizen choose to go through the legislative process so that his concern could be addressed.
He enlisted my help. Why me? Well, I'm currently the Chair of the Operations & Procedures subcommittee of the Board of Aldermen. I placed this item on our agenda and for three months we've been fine tuning the ordinance. The philosophy? Keep the ordinance enforceable, yet simple.
At the eleventh hour of last month’s BOA meeting, it was learned that since the reservoir is a body of water within the confines of the State of Connecticut, the Department of Energy and Environmental Protection (DEEP) would need to sign off on our ordinance. When we first started, we had been told that since it was our reservoir, we could pass whatever ordinance we desired.
Armed with this new information, we tabled the item for a month while we worked with DEEP. Although summer was slipping away, the resident waited patiently.
After a series of email messages and corrections, we received DEEP’s tentative approval. All we needed to do was inform them once the ordinance had passed and they would sign off on it.
Our subcommittee met one final time to hash out any further details. When we were satisfied, we voted unanimously to send the ordinance to the full Board of Alderman with the recommendation to approve.
A brief explanation of the subcommittee process is in order. At the subcommittee level, ideas, questions, problems, and other issues are discussed and vetted. The public has the opportunity to be heard and once all of the prior steps have been completed, a vote is taken, and a final recommendation is made to the full Board of Aldermen. Generally, by the time the issue has reached the full board, it is packaged and ready to be voted upon.
Normally, the process works. Unfortunately, at this past meeting the process failed the citizens of Derby.
The day of the meeting arrived and the motion to approve was made. The motion was seconded and it was time for discussion and then the final vote.
During the discussion phase, it became apparent that several aldermen were against the proposal (including one member of the subcommittee who had voted to send it to the full board for approval).
The arguments.
This ordinance didn’t make it clear that the opportunity to canoe and kayak was for Derby residents only. The following is the first sentence of the proposed ordinance:
The Board of Aldermen of the City of Derby desires to provide a safe and healthy environment for all City of Derby residents wishing to enjoy Witek Park Reservoir.The city insurance will go up. No it won’t. We were provided a letter from the city’s insurance broker that stated the city's insurance premium would not go up as a result of allowing kayaks or canoes at Witek.
I worry about the city's liability. We have been told over and over again by legal that the city is always liable. We get sued for slips and falls, debris on roadways, fights in our school system, and plain old stupidity. If it happens in our city limits, we get sued. There is no increase in liability.
We need age restrictions on who can kayak. It was suggested that a person should be either 18 or get this…21 years of age before being allowed to kayak on this small reservoir. Despite our city ordinances, if there is a conflict with local ordinances and the State of Connecticut general statutes, the state regulations take priority. The state allows children as young as 12-16 to operate personal watercraft (but recommends someone 18 or older accompany them).
In fact, the state allows a sixteen-year-old to operate a motorized vessel as long as they hold a permit and are under the supervision of an eighteen-year-old.
A child under the age of 12 who has obtained a Safe Boating Certificate (SBC) or Certificate of Personal Watercraft Operation) CPWO may not operate a vessel with greater than 10 horsepower, unless the youth is accompanied on board by a person at least age 18 who holds a SBC or CPWO.
It is perfectly legal in this state (although frowned upon) for a 12-year-old with a certificate to take out a small motorized boat with an 8 horsepower engine.
A direct question was asked, “So you want the regulations to operate a kayak on the reservoir to be more difficult to obtain than the state requirements?” “Yes.”
The tougher age restrictions seems silly to me. A man or woman can enlist in the service and risk being killed while serving their country, but cannot paddle a kayak in this small body of water located in our municipality.
The noise will be a problem. A citizen who lives on the reservoir complained of the noise of dirt bikes and ATV vehicles running through Witek Park and didn’t want to be distracted by kayakers. First of all, that's a whole separate discussion about police enforcement. The splash of a paddle does not compare to the noise of a dirt bike. In fact, there are relaxation tapes sold that include the soothing sounds of water and water splashing.
The Police Chief wasn't consulted. Yes, he was.
The vote was actually 4-3 in favor (two members were absent). In order to pass an ordinance, we needed five votes, so although the vote was in favor, we did not have the fifth vote that was needed. Perhaps we will raise this again when we have a full board.
Until then, let me leave you with a final thought. We tried to allow kayaks and canoes for the enjoyment of our citizens who already pay way too much in property taxes and sewage fees. This effort was all about that couple who tried to do the right thing by patiently going to their representatives to make a change.
Interestingly, at the same meeting, the City of Derby received a Consent Order from the Environmental Protection Agency (EPA) for among other things, discharging raw sewage into the Naugatuck and Housatonic Rivers. The people operating that plant and who are responsible for handling 31 million dollars of the public’s money, didn’t realize that when you discharge into a Connecticut waterway or plan to repair a busted Water Pollution Facility, it might be a good idea to contact the EPA. The kayak discussion lasted nearly twenty minutes. There was no discussion on the Consent Order and the woeful performance of our Water Pollution Facility.
The Pickleman wonders…have I adequately defined ridiculous?
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