Municipal Advisory Commission Harbor Committee Joint Workshop

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The Cranberry Isles Harbor Ordinance Meeting
February 27, 2016 9am-2 pm
The Cranberry House, Great Cranberry

Attendees:
At the Great Cranberry House:
Jasmine Samuel- MAC
Cory Duggan- MAC
Bill Dowling- Harbor Committee
Karen Whitney- MAC
Phil Whitney- Great Cranberry Resident
Sally- Islesford Resident
Ingrid Gaither- MAC
Chris White- Resident
Skip- TTF
Ron Axelrod- TTF, MAC
Frank
Bruce Fernald- Harbor Master
Norman Sanborn- Harbor Master
Kate Tagai- Island Institute
Karen Burns- Island Institute
Attending By Phone:
Denis- Manset Dock Master
Jim Fortune- Town of Cranberry Isles
Joy Sprague- MAC

Introduction to the day- Cory Duggan

Ground Rules Established:
~We will invest the time necessary to yield intelligent, principles based choices on key decisions
~Practice Active Listening
~Be Respectful in actions and words to all participants
~We Deal openly and honestly with one another.
~Let all voices be heard equally.
~Everyone participates, no one dominates
~Start on time, end on time
~Limit side conversations
~Be present, no distractions.
~Meetings will have an agenda and will stick to the agenda.
~Talk one at a time; wait to be recognized by facilitator before speaking
~We will communicate directly with everyone in the group we will stick together with one voice once a decision has been made.

Context:
TTF Process (presented by Ron Axelrod and Cory Duggan)

Survey June 2014- Nov 2014 190+ Responses
Service Specifications Nov 2014-Feb 2015 Based on survey
Operational Models April 2015-August 2015 2 workshops
Interim Plans July 2015-Oct 2015
Recommend Plan Oct 2015-Dec 2015

Recommendations:
1. Amend harbor ordinance
2. Town to Town NEH Landing Rights
3. Consolidate USPS Subsidy with other town subsidies
Report shows that ferry service can be profitable, but must be restructured.

Existing Number of Vessels Subsidy
Beal & Bunker NEH Service 3 $40K USPS
$15K School
Cranberry Cove Manset Service 1
Downeast Windjammer Commuter Service 2 $20K MDOT
$40K Town
Sail Acadia 2
TOTALS 8 $115K

Sharing other community ordinances:
Towns/Topics Town of Cranberry Isles
Overview
No restrictions on use of floats, dock, piers, open dock
Structure No talk of ramps
No talk of fees
Structure
Make note of Manset
Relevance to TTF Not designated for passenger service
Fee Structure $0 No mention of barge fee, no mention of ramp fee
No charge for moorings
Notes

Mount Desert (NEH):
Overview: Management of docs and mooring NEH Float Regulations. Strict in their enforcement.
Structure: Limit boats and charge fees on what type of boats use of floats based on parking.
determined by lottery. Specific commercial float section amended to harbor ordinance.
Fee Structure: Not listed: based on parking availability and size of vessel. Pay for right to land boat then charge per passenger head.

Belfast:
No regulations on commercial docks. Busy harbor with varied needs. Small carriers going to and from Islesboro. Day Charters, Mini Cruise ship, Schooners. Encourages diversity. Harbor is economic incubator. Specific standing contracts tailored to each carrier, always embedded is that clause that they need to let HM know of any conflicts. There are some docks that are privately owned and used for commercial purposes, but they have their own regulations apart from the town ordinances.

Chebeague:
State owned Ferry and private Ferry. Simple, clear ordinance with different categories for each harbor. Size limits and times are restricted for commercial boats. Don’t have a set fee schedule- selectman’s discretion that can be amended at town meeting. Responsibility is vested in the Harbor Committee which recommends to Board of Selectmen.

Bucksport:
Town purchased a Marina and will manage it as a municipality. Lots of day-trippers and no regulations on commercial docks

Lincolnville/Lincolnville Beach
No regulations on commercial use
Islesboro Ferry (Maine State) plus smaller private ferries. HM felt there was no need to have protective regulation that it was counter to public use

Bass Harbor:
Per foot fee, or daily fee. Highly organized fee structure. Annual fee is double for non-resident

Cliff Island:
Cliff is part of the city of Portland. They fall under the Harbor Ordinance for the city of Portland. All Casco Bay islands except Chebeague have state owned docks that allow open access. Must have a mooring license.

Vinalhaven:
2 docks, fish wharf owned by town and state wharf for state ferry service. 5-member harbor committee appointed by selectmen. They define each vessel at each dock and have restrictions on speed and size of vessel. Fish wharf has own restrictions that differ from all other docks. Passenger operations are permitted. No charge for private operations to use the docks. No enforcement so there are no ordinances. Over 400 active fishing boats creating traffic.

Monhegan:
No harbor ordinances. One privately owned ferry service

Swan’s Island:
Ordinances around parking at State Ferry and for those who are parking and commuting. Swan’s has no harbor ordinances. State run ferry dock. Each organization takes care of it as they see fit.

Long Island:
Landing for loading and unloading of passengers and cargo only, can’t leave a boat tied up anywhere without permission from Harbor Master.

Camden:
Has different regions within their harbor because they have so much traffic. Lease slips for 3 years- negotiated prices. Sticker to show they have permission to have their vessel docked.

South West Harbor:
9 page document. Ferry service- seasonal fee, limited dock space, and by prior approval by harbor committee. Fee schedule (Section 5) Board of Selectmen set fee schedule. Wide variety of fees. Charge Cranberry Cove for their service.

Question brought to Harbor Master: How do the Harbor Masters feel about managing what they have been managing with the existing ordinances?

Answer:
People tie up longer than they should, but that is a universal issue
What we have has been manageable
In terms of a fee for guest moorings there may be sailboats that pop in that wouldn’t if there was a fee, and they do produce revenue for the island by coming ashore and going to the store.
Guest mooring is a good thing to have, and is a good draw, and has never been a problem.
There have been boats that tie up where they shouldn’t because that is what they have always done and it creates a congestion problem.

Denis: Overcrowding seems to be the biggest problem. Perhaps look at increasing float capacity. Manset has a live and let live philosophy, if we see a problem developing we deal with it case by case. Because there had been no enforcement prior to Denis taking over the Dock Master position, there was some upset, but now after 6 years people understand and expect it.

Themes from the Morning:
To Cherish:
Mixed Use: Working Waterfront
Welcoming for small boats/water recreation
Beauty (Views)
Access- safe for kids
Emergency phones and other safety features
Recreation opportunities
Historical significance

Things to Change:
Safety- winter weather
Organization or ordinances and organization of space
Space- expanded
Access-ADA compliant, maneuvering room, cargo and UPS, Fed Ex.
Coordination of multi use

Things to consider during discussion:
Town Warrant: Purchase of hoists for dock, some towns include these in their ordinance.

What can we learn from the other ordinances?
Regulation for passenger ferries (SW, NE, CHE, Bass)
Very little regulation in others
Mainland- space
Island- more lenient (bringing to island)
Simplicity- public use
Regulations are only as good as enforcement
Working waterfront- cultural need to be welcoming balancing tourism/working waterfront
Lack of ordinance
Public/private differences

What are the important pieces in moving forward with our ordinance?
Regulation of passenger ferry
Don’t discourage visitors to our islands
Offsets for winter costs
Not to increase costs for passengers
Encourage reliable, responsible, safe boat operator to service island
Define passenger services/ferry boat (Regular schedule) and commercial vessels
Uniformity between the three docks where possible
Encouraging winter services (recognizing seasonality in use and access)
Identifying town registration
Considering permitting process
Giving BOS authority through Harbor Committee based on input from public
Scheduling of vessels (In ordinance language)
Fees, schedules, etc.… as part of the oversight of the Harbor Committee to be brought to BOS.
Recognizing enforcement issues
Extra guest mooring for businesses that will be out all day?

Draft Ordinances (brought for discussion)-
Amendment to TCI Harbor Management Ordinance,
Amended: March 10, 2012

Article V. Wharves, Docks, Piers, Floats, Lobster Cars and Ramps

Add: item 5.8: Commercial Use of Town Docks and Piers
The purpose of this item is to provide orderly use of the town docks and piers for passenger ferry services to insure safety, minimize conflicts, and provide for a town authorized passenger ferry service.
A. Passenger Ferry services will be permitted with the approval of the Board of Selectmen (BOS). The BOS reserves the right to approve or deny any application after receiving comments from the Harbor Committee, the Harbormaster, and general public.
B. A seasonal fee will be assessed and must be paid prior to the use of the facility. The TCI authorized Consolidated Passenger Ferry Service (CPFS) will be exempt from this fee.
C. Time of use of the facilities will be allocated as described in item 5.8.A. The CPFS will have priority use and timing of the facilities.

(taken from TCI and SWH ordinances)

Draft 2:
2/27/16 DRAFT

Amendment to TCI Harbor Management Ordinance
Amended: March 10, 2012

Article V – Wharves Docks, Piers, Floats, Lobster Cars, and Ramps

Add: to item 5.1:
In order to maintain to carryout the Purpose of this Article the wharves, docks, piers and floats will provide for the following functions.

Function Fee Permit Size Limit Time Limits Description
Emergency Services No No Yes No Includes transport of fire, rescue, and law enforcement personnel & equipment
Passenger Ferry Service Yes Yes Yes Yes A commercial or governmental operation that maintains a regular scheduled passenger service
Commercial Marine
Activities No Yes Yes Yes A business involved in fishing, water taxi, guiding, tours.
Transient Tie-up No No Yes Yes A vessel may temporarily tie up, but must be attended to load and unload passengers and cargo
Annual Tie-up Yes Yes Yes No Town access to designated town floats for approved vessel sizes
Gear Storage No No Yes Yes The term “gear” refers to any and all items that may be left on the docks, floats, or piers.

5. 1.1 Rules and Regulations:
The BOS may develop rules and regulations to govern the use of these facilities in accordance with this section. If rules or regulations are inconsistent with this ordinance, then this ordinance shall take precedence.

5.1.2. Permits
The Town of Cranberry Isles will issue annual permits. Application forms are provided by the Town Clerk and approved by the Harbormaster. Vessels may be assigned designated areas.

5.1.3 Review
The TCI Harbor Committee will review rules and regulations annually and provide a report to the BOS by Oct. 1 of each year addressing at minimum 1. The capacity of the docks and floats, 2. The effectiveness of the rules and regulations, and 3. The physical condition of the docks and floats

5.1.4 Harbormaster Discretion
The Harbormaster may temporarily suspend provisions in this section only in cases where public safety or property are at risk, and such action will reduce the risk. Such a decision must be reported in the Harbormaster’s log.

5.1.5. Fees
Fees shall be set by the BOS in consultation with the Harbor Committee

(taken from Chebeague Coastal Waters Ordinance)

What pieces of the ordinances fit within our priorities?

Cory- Liked 5.1 chart- clear and visible; content inside can be tweaked and changes
Bruce- Questioned several designations within the chart Question re: annual tie-ups. Do we have anything like that?
Jasmine- Adding something about ramp access in a 6.1
Permitting might help with scheduling
Ron- Enforcement provision is the most important piece; Harbor Committee is the author of the regulation
Apply for a permit every year- allows for not permitting to happen if there is repeat violation
Consensus: The chart should be in there- but the content will be changed by the Harbor Committee and the Board of Selectman
Positive- 5.1.2- Vessels can be assigned specific areas; should add areas and time
Chain of Command: Harbor Master- Harbor Committee- BOS
5.1.4- Harbormaster Discretion was an important piece
Southwest Ordinance Preamble is more important than 5.8: on Southwest Harbor
Take out ferry service, have it include ramps

Some question about the power of the select board in wording- is there a way to make the harbor committee and the public more equal? Is there a way to make it more equal?
The answer is no- the real power lies with the selectman

Group Decision: Create a hybrid of the two drafts

Take out TCI Authorized consolidated ferry service- in B+C
Annual work for the harbor committee- is that something we want to have?
Consensus is to include 5.3.1 ; NEH- Permits can be applied for by a certain date; Springtime date would work better
5.1.3- Add a 4 that says “anything else that come up” in case of an accident

Remainder of Meeting: Group created draft ordinance

Respectfully submitted by Cory Duggan

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