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HomeMy WebLinkAbout11/29/1996 .' . . . . ~ r +~le- )~{V-!cor COVVlVV],'Hpc: -h Ie. Fishers Island Harbor Committce MINUTES Friday, November 29, 1996 at l2:30pm at the Utility Offices Prese n t: Frank Bohlen, E1by Burr, Chippy duPont (via conference call), Tom Doherty, Louisa Evans, Leslie Goss, Steve Malinowski, Harris Parsons, Allie Raridon, Bill Ridgway, Scudder Sinclair. Margie Purnell, Ken Edwards, Jr., Tom Johnson, Bobsie Macleod and Bill Wall. Absent: Guest: Steve RidIer, NYS DOS, Coastal Resources Division NOTE: Fax your comments on the revised Inspection Form and Tackle ~ to Elby (203) 226-0873 bv Monday. January 7th, NEXT MEETING: Friday, EITHER April 19 or April 26 at 4:3Qpm at Utility offices AGENDA: Channel Configurations Expiration/Appointment of one year terms Committee reauthorization by the Town The Committee reviewed the Suggested Duties of the Fishers Island Bay Constables. An amendment was made so that patrols in East Harbor are on an "on call" basis such as Hay Harbor, rather than a "regular" basis. The Committed discussed candidates for the position of Assistant Bay Constable in 1997. Leslie explained that she had received notes of interest from Luis Horn on October 4th (through Louisa) and Dick Hale by November 22nd, She mentioned that she had wanted to broaden the candidate pool and had reviewed Committee files for other possible candidates who had applied last time. Former candidates included Brian Patterson (who has since moved off Island), John Clavin (a seasonal resident who is aware of the current vacancy and did not submit a letter of interest), Bill Wall (who is resigning from the job now) and Mike Conroy. Leslie called Mike Conroy to determine if he was interested in reactivating his candidacy, his response was yes and that at this point, he had diving equipment and was certified to dive. Committee members noted that all three candidates are full time Island residents, have boats and possess adequate knowledge of the Island's waters. It was noted that Dick Hale's duties related to his employment at Pirate's Cove Marine (PCM) keep him out on West Harbor a fair amount as well as provide familiarity with boats, moorings, tackle, channel and instructional marks, etc.... Several Committee members queried whether or not a conflict of interest existed between performing Bay Constable duties and the fact that Mr. Hale is the business manager at PCM. One Committee member noted that on Fishers Island, there will always be a conflict of interest with any Bay Constable candidate given that the qualifications a Bay Constable should possess are found in individuals who somehow make a living on the water in our small community. This Committeeman suggested (j) , that as long as the potential for conl1ict was recognized, thoroughly examined by the Committee, and the Committee was comfortable, there should be no problems. Specific possibilities/perceptions of conl1ict discussed included whether or not Mr. Hale would have time to perform Bay Constable duties due to work schedules at Pirate's Cove. Leslie suggested that each candidate had applied for the position with a full understanding of the time commitments and therefore this should not be a concern. A Committeeman asked about conl1ict regarding transient moorings and permit issuance to PCM for those moorings and how that is impacted by performance of Bay Constable duties. It was determined that the transient mooring operation was completely separate from the performance of Bay Constable duties (other than if notified a vessel is illegally on a transient mooring, the Bay Constable can ask the vessel to vacate the transient mooring). A Committeewoman asked if there were a valid conl1ict between performance of Bay Constable duties and PCM's annual bid to the Town to provide channel and instructional marks. It was agreed that there is no relationship between the performance of Assistant Bay Constable duties and soliciting bids for the Town for channel and instructional marks. Open solicitation of these bids is performed by the Head Bay Constable on Fishers Island. A Committeeman asked if there might be a conl1ict in Bay Constables conducting "random" inspections of mooring tackle given that Mr. Hale works at PCM which is in the tackle business. After reviewing the text in the proposed Fishers Island Harbor Management Plan on mooring inspection procedures, the Committee reiterated that it should decide on an annual basis (if necessary) which moorings would be "randomly" inspected and ask Bay Constables to perform those visual inspections or identify a small amount of money and hire a diver as there are several on the Island The Committee determined that random tackle inspections are a sound way to monitor the integrity/credibility of the inspection forms returned by mooring permittees. A Committeeman asked Louisa if the Town Board would have a problem with this recommendation. Louisa expressed hope that the Board would honor the Committee's thorough analysis of candidates and their recommendation which she would communicate to the Town. . . Luis Horn was recognized as a strong candidate given his life-long residence on and familiarity with Fishers Island A Committeeman queried about his work schedule at z&s and if it would interfere with performance of his duties. Leslie reiterated that each candidate had applied for the position with a full understanding of the time commitments and therefore this should not be a concern. There was a question about whether Mr. Horn would need dockage for his boat Leslie mentioned that currently the Town does not provide dockage for the Assistant Bay Constable, only a maintenance stipend of $250 and reimbursement for fuel and oil while on the job. She stated that the Head Bay Constable receives dockage and reimbursement for fuel and oil but no stipend She expressed the hope that the Town would "equalize" benefits for the Fishers Island Bay Constables. Mike Conroy was mentioned as a strong candidate given his diligence. He was also recognized as the longest standing candidate in the pool, although he waited until the last minute to reactivate his candidacy. A Committeeman asked about his work schedule at the Water Company, Leslie said it was not an issue for the same reasons as stated above. A Committeewoman mentioned that Mike is a really involved community . It~:' ~ -"'~'- \. i ciJ . member thereby making him attractive as a responsible candidate, but she expressed concern about possible over commitment Leslie stated that each candidate knew the time commitment involved with the Assistant Bay Constable job. The Committee recognized Dick Hale as the "obvious choice" given his daily exposure to the water and familiarity with boats, moorings, tackle, marks, etc...., and no actual conflict of interest was identified A motion was made and approved to recommend Dick Hale to the Town Board to fill the position being vacated by Bill Wall as Assistant Bay Constable on Fishers Island in 1997. A Committeeman suggested ranking the other two candidates. Several members complained that this would be difficult because both Mr. Conroy and Mr. Horn are good candidates. Leslie then suggested ranking them by order in which their interest was expressed in the job -- Mr. Conroy's candidacy began on I2ICJ7/93. It was noted by a Committeeman that Town compensation/payments/reimbursements for both Fishers Island Bay Constables have been sporadic and should be regularized. Leslie told the Committee that she did not yet write to the Town Board asking them to consider and approve the September 1996 draft of the Fishers Island Harbor Management Plan because she identified revisions made by the Town attorney that she wanted to raise with the Committee. Specifically, Ms. Dowd revised the Plan to say that transient mooring fees would be set by the Town and be collected and deposited in the Town's General Fund (ref. "Covering Costs" and "Transient Moorings"). It is unclear whether Ms. Dowd meant just mooring permit fees or mooring permit fees AND user fees. Leslie recalled previous Committee discussion where members had been adamant about user fees staying on the Island to reimburse the permittee of those moorings for associated costs. For purposes of review, the Committee agreed that there should be provision for transient moorings in West Harbor in the east mooring field. These moorings (the number of which to be determined by the Committee) would be permitted on an annual basis. Money from the permits would go to the Town. The Committee would approve a user fee as suggested by the permittee. The Committee has the option not to issue permits to the same applicant the following year if fees charged for the transient moorings grow too high, the moorings are determined unsafe, are badly administered or for any other reasonable cause. Both Louisa and Steve Ridler believed that the revised text was being misinterpreted or Ms. Dowd had misunderstood a comment from state technical staff and this would not be a problem. The Committee discussed the frequency of tackle inspections. A motion was made and approved that mooring tackle should be visually inspected (as "far down" as one could go) annually and that inspection by a diver should happen every two years. The Committee discussed when channel and instructional marks should be placed in the water for each boating season. A motion was made and approved that all marks should be in the water by Memorial Day weekend It was noted that the Head Bay Constable should mention this in his annual solicitation of bids to place and maintain marks. Also, the Committee agreed that instructional marks should have a white background with black lettering (also to be included in bid solicitation). The Committee very briefly discussed channel configuration in West Harbor and agreed that the main channel should be made more obvious than it is. The Committee agreed to discuss the specifics of channel configuration at a spring meeting. . . CJ) Leslie mentioned that Town Bay Constable Don Dzenkowski, responsible for budget requests for Fishers Island harbor needs, would oppose the Committee's request to the Town Board to remove the piling In the West Harbor turning basin based on Town liability in removing a fixed mark that indicates a hazard to navigation. A motion was made and approved that the Committee request that the Town allow the removal (at no charge) of the piling as the piling itself is a hazard to navigation (difficult for larger vessels to turn around) and the rock it marks is currently "flush" with the sandy bottom which is accurately marked on navigational charts as 7 feet. Although Louisa expressed some doubt about the approval, at the Committee's request, Leslie agreed to officially put the issue back before Louisa and the Town Board, despite Dzenkowski's objection. . The Committee discussed Elby's revised one page Mooring Taekle Components and Minimum Mooring Speeifieatlons (see attached). Elby mentioned that there would be a second page with inspection information to accompany the tackle legend and recommended specs. Several Committee members suggested adding more small boat categories to the recommended mooring tackle specs (see attachment for other comments). Committee members agreed to fax additional comments and concerns to Elby for further revision in time for the Head Bay Constable, Tom Doherty, to send the full mooring application packages out in January. Elby displayed the proposed mooring ball stieker to be sent to applicants with approved mooring permits each year. He explained the cost of ordering 150 adhesive stickers for the 1997 season would be approximately $296 ($1.64 per sticker plus a $50 set up charge). The Committee determined that each year, stickers should be a different color aiding Bay Constables in patrols. The color chosen for 1997 was green. The Committee asked Leslie to ask the Town to cover the costs of stickers. Elby said he would not place the order until he knew how they were to be paid for. The Committee identified several individuals known to dive and perform mooring inspections. The Committee agreed to provide a list of these individuals with the mooring application package to aid permittees in having their tackle inspected. Carl Robinson in Mystic, Bob Welsh in Mystic, Bill Wall on Fishers, Paul Skinner on Fishers, Mike Conroy on Fishers and Brian Faulkner on Fishers. Leslie agreed to check with the IOD skippers for any of their contacts. Frank Bohlen agreed to check with one of his contacts. . Steve Ridler outlined problem areas in the proposed Fishers Island Harbor Management Plan as identified by state technical staff. His message to the Committee was that the Plan could not be approved as originally drafted by the Committee, but that the Committee would still be able to accomplish what it hopes to accomplish in the Plan as being revised by the state and Town attorneys. Specific comments included: . Town Board possesses all authorities, the Committee can only make recommendations . When appointing committee members, the Town should draw members "to the extent reasonable" from user groups listed in appendix C . All "should" in the Plan will be changed to "shall" (so they need to be authorized and enforceable) . The designated management agent can possess no enforcement authority, all must be imposed on Bay Constables (who then could delegate coordination but not enforcement) . /:::'\ G2J . . The designated management agent can possess no enforcement authority, all must be imposed on Bay Constables (who then could delegate coordination but not enforcement) . Recommended standards on vessel noise and speed cannot conflict with state standards . Language on aesthetics and property owner considerations should be relegated to a general purpose statement at the beginning of the Plan . Proposed residency requirements and fee structures for mooring applications are unconstitutional as outlined (so are the Town's similar requirements), therefore the Committee needs to define specific standards for permit approval and focus on the process for obtaining permits as a way to manage applications. . Fees for transient moorings go where? . The language on using a vessel as an abode, anchoring, and live-aboards in the east mooring field should define a period of duration. The Committee agreed to a 3 night limit within a period of 14 days . The language on special uses of a private mooring should indicate that permittees register their guests with the Bay Constable (who can delegate coordination), not to the designated management agent . The sanitation provision is difficult to enforce even though it's currently in the Town Code . Language on amended permits under "More About Moorings" should be revised. The Committee agreed that any change to an existing permit will mean that the application will be considered by the Committee as a new permit rather than an amended one . It should be very clear that mooring tackle specifications are recommended and not enforceable, they should remain an appendix to the Plan . In language regarding unsafe conditions, the Committee agreed that the Bay Constable should recommend to the Committee that unsafe tackle be removed, and the Committee should then ask the Town for permission to lift and remove the tackle. Steve Ridler then discussed draft policies as they affect Fishers Island which will be incorporated into the Southold LocaJ Waterfront Revitalization Plan. Steve will recommend that policies specific to Fishers Island be outlined in Southold's LWRP including protecting the community character of Fishers Island, promoting efficient harbor operation in the waters off Fishers Island, addressing aquaculture on Fishers Island and possibly commercial fishing, protecting Fishers Island water quality and possibly dredge disposal adjacent to Fishers Island. The meeting adjourned at 3:50pm . . truW\ k>~l\ C ~tl 7/1< Mooring Tackle Components for Single Point Moorings LEGEND I. Mushroom Anchor 2. Shackles c' 10.:1\ I"i"(a 3. Thimble 4. Pennant Minimum 10 feet 5. Float Buoy Minimum 24" Dia. 6 . Pick up Buoy 7. Lanyard with Snap Clip Dr S y II (..Ed. Water Line . IS 8. Chafe Straps ~ 9. Chain 3:-4l::.;"k Minimum . eet 10. Chail).~ Minimum &.feet r 207 11 Zincl-tc,i?). 17> <l . 12. Float buoy,g,,~et (not to be use uring vessels) 13. Mooring lcfe~tification No 5" letter height .1 Yearly mooring sticker is affixed here 4 @ @--- G) " Top Chain @ . BOllom Pennant Nylon 3 strand Pair of 3/4" Pair of 3/4" Pair of I" Pair 1 1/4" C,,'c f'6\"e'f> Isl",,,,6 ~~,door Q,""'M.tJee . No stlDdards or Inspection requirements. bowever, can ensure vessel security under all possible conditions, particularly ~re storms conditions wltb associated wind and wave bazards. As a result, tbe tll1l'n of Soutbold, tbe F.L Bay Constable and tbe F.L Barbo~ssume no responsibility for personal iDjury or property damage tbat may resnlt from the use of antouring tackle that either meets or exceeds . tbe miDlmum standards set forth here. . '.LL . . ~~~~ )D @> Q) Re.co eVld d c-::r Minimum Standards for single point mooring Boat length Boat Weight Mushroom Bottom Overall US tons Size Chain }.~ 5c.d"\ebA'Vl8 .fOr 10..' Ilseye', ? 18. 31' Up to 6 tons 300 Ibs 5/8 1/1 15 - 41 6 to 10 tons 400 Ib 5/8 1/1 35 to 51' Up to 15 tons 5~:p 3/4 5/8 41 to 80' Up to 15 tons 60 s I 3/4 · Note: Double peMants to be used whe@er possible. r"Vldc WI All mooring tackle is subject t~in.fpection "I JI." I " is by the'ft.-:. ~c(euJ IV\ I"v'IDO{lVlffS ~ . Need 1-VlV pCl~ LV! \.NJpectvv) i V'\V(vV\{..\ P.GV\