Harbor Committee Meeting Minutes May 10, 2016

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Harbor Committee Meeting Minutes
May 10, 2016
Islesford Neighborhood House

Attendance:
William Dowling, Chairman, Harbor Committee
Richard Howland, Harbor Committee
Ted Spurling, Harbor Committee
Scott Bracy, Harbor Committee
Nick Hadlock, Harbor Committee
Roy Hadlock, Harbor Committee Alternate
James Fortune, Administrative Assistant & Harbor Committee Alternate
Bruce Fernald, Harbormaster
Norman Sanborn, II, Harbormaster
Dennis Dever, Manset Dockmaster
Nanette Hadlock, Deputy Clerk
I. Call to Order: 4:04 P.M. by Chairman Bill Dowling.
II. Review / Approval of Previous Meeting Minutes: March 02, 2016
Richard Howland moves to accept the March 02, 2016 Harbor Committee meeting minutes as written. James Fortune seconds the motion. All in favor. Motion passes.
III. Review Proposed Changes to the Harbor Management Ordinance
The Harbor Committee has received proposed changes to the Harbor Management Ordinance that are a result of a public hearing held on Great Cranberry Island on February 27, 2016. Review of the proposed changes by the Harbor Committee include the following recommendations to the Board of Selectmen:
• Section 3.1.2, Duties and Responsibilities [Harbormaster(s)], subsection D:
Current ordinance reads:
Inspect or verify the inspection of docks, floats, piers and wharves in the waters of the Town of Cranberry Isles, and give notice to the owners of such structures that have fallen into a state of disrepair or which may create a dangerous condition or may interfere with safe passage.

Proposed change: add the word Observe, inspect or verify…
• Section 3.1.2, Duties and Responsibilities), subsection E:
Current ordinance reads:
The Harbor Master(s) shall oversee the maintenance and enforcement of the Town’s waterfront facilities to include but not be limited to, moorings, floats, docks, ramps, channels, breakwaters, and adjacent municipal property and excluding parking lots.
Proposed change: remove The Harbor Master(s) shall oversee the maintenance…
• Subsection 3.1.2, Duties and Responsibilities, subsection F:
Current ordinance reads:
The Harbor Master(s) shall attend all meetings of the Harbor Committee as a non-voting member.
Proposed change: Remove the words The Harbor Master(s) shall and capitalize the letter A in Attend all meetings…

Bill Dowling moves that the Harbor Committee accept the proposed changes to Section 3.1.2, and suggests that the word all be removed from subsection F. James Fortune seconds the motion. All in favor. Motion passes.
• Section 3.2.1 Appointment (Harbor Committee), paragraph 2:
Current ordinance reads:
The first three members shall serve a one, two and three year terms and position four will serve a two year term and position five will serve a three year term. In addition, two alternates will be appointed, who will serve one year terms and shall have voting power in the absence of a quorum. Harbor Committee members and alternates shall be voting residents of the Town of Cranberry Isles and shall represent diverse interests in the harbor.
Proposed change: Should non-voting residents of the Cranberry Isles be allowed on the committee? Should Harbor Masters be voting members on the committee?

The fact that Harbor Committee members and alternates shall be voting residents of the Town was an approved motion to amend at the Town meeting when the ordinance was originally adopted. Voting residents are the ones to approve or not approve any amendments to this ordinance. It is crucial to have members who will be present at all meetings throughout the year. Harbor Masters do not vote as they are the enforcers of those who violate the ordinance.

Bill Dowling moves that the Harbor Committee recommends that the language in Section 3.2.1 remains the same, that we do not adopt the new language. James Fortune seconds the motion. All in favor. Motion passes.
• Section 3.2.6, Chairman and Secretary
Current ordinance reads:
A chairman of the Harbor Committee shall be elected by the membership by a majority vote of the Committee and a different member chosen by vote as Secretary. The Secretary shall keep a written record of all proceedings and provide them to the Board of Selectmen within two weeks following a meeting. This committee shall make a report at the close of each year for inclusion in the annual Town Report.

(Currently and since the Harbor Management Ordinance took effect, the Deputy Clerk takes minutes for the Harbor Committee, as well as preparing agendas and posting Harbor Committee notices.)

Proposed Change: HC-elect a secretary? Have a volunteer secretary? Have a recording secretary?

The Harbor Committee would like the Deputy Clerk to continue taking minutes. This gives the Harbor Committee members a better chance to concentrate on the meetings. The suggestion is to change section 3.2.6 to omit the words “and a different member chosen by vote as Secretary”, and to change the word “The” in the second sentence with capitol A.

Bill Dowling moves to change Section 3.3.6 to read “A chairman of the Harbor Committee shall be elected by the membership by a majority vote of the Committee. A secretary shall keep a written record of all proceedings and provide them to the Board of Selectmen within two weeks following a meeting. This committee shall make a report at the close of each year for inclusion in the annual Town Report.” James Fortune seconds the motion. All in favor. Motion passes.
• Section 4.2, Boat Owner Or Operator
Current ordinance reads:
Any person using the facilities or moorings within the limits covered by this ordinance shall assume all risk of damage or loss to their person or property. The Town of Cranberry Isles assumes no risk of liability on account of fire, theft, Act of God, or damage of any kind to vessels within the above stated geographic limits, or at any property or mooring managed by the Town of Cranberry Isles.
Proposed change: Add act of nature following Act of God

The ordinance already states “Act of God” which, upon research, is a synonym for Act of Nature. “Act of God” is also widely used as an insurance term.
Two other grammatical changes proposed were previously amended (corrected) at the March 10, 2012 annual Town meeting, (adding the word “property” in the last sentence, and capital C in Cranberry Isles-see certified copy of ordinance).

Richard Howland moves to leave the ordinance to read “Act of God”. James Fortune seconds the motion. All in favor. Motion passes.
• Section 4.3.3, Abandonment (sentence 4)
Current ordinance reads:
In default of removal or in the event the Harbor Master(s) are unable to identify the owner or master of the vessel after reasonable efforts, the Harbor Master(s) may undertake its removal or destruction at the cost of the owner.
Proposed change: Add and/ after the word removal

Bill Dowling moves that section 4.3.3 Abandonment remain the same, without the word “and/”. James Fortune seconds the motion. All in favor. Motion passes.
• Section 4.4.1, Obstruction of Cranberry Isles Floats (last sentence)
Current ordinance reads:
Vessels remaining at a Town float after 7:30 AM local time without permission may be fined no more than two hundred fifty dollars ($250.00).
Proposed change: Add per day following two hundred fifty dollars; or to suggest by discretion of the Harbor Committee

Bill Dowling moves that Section 4.4.1, Obstruction of Cranberry Isles Floats, to leave the language as is without any changes. Ted Spurling seconds the motion. All in favor. Motion passes.
• Section 5.4, Personal Property
Current ordinance reads:
No person shall leave any personal property on any wharves, municipal waterfront property, or in a public dock building for a period of time in excess of 72 hours without the permission of the Harbor Master(s).
Proposed change: Add the word property following waterfront.

The addition of the word property following waterfront was previously amended at the March 10, 2012 annual Town Meeting (see certified copy of ordinance).
• Section 5.5, Blockage of Town Ramps and Wharves
Proposed change: To correct a capital “T”in Town.

This grammatical error was previously amended at the March 10, 2012 annual Town Meeting (see certified copy of the ordinance).
• Section 5.6, Condition of Docks, Piers, Wharves, Floats And Lobster Cars
Current ordinance reads:
Any dock, pier, wharf, float, lobster car or other such structure which is within the Town Of Cranberry Isles and which has fallen into a state of disrepair or which remains in a dangerous condition, or interferes with the keeping open of convenient channels for the passage of vessels in said harbor and or suitable portions of said harbor for anchorage, shall be deemed a nuisance. The Harbor Master(s) shall give the owner of the dock, pier, wharf or lobster car or other structure written notice of the condition The notice shall order the owner to abate the nuisance within a reasonable period of time, which shall be specified in the notice. In the event that the Harbor Master(s) cannot give notice to the owner it shall be given to the occupant.
If the said owner or occupant refuses to comply with the terms of said order, he/she shall be deemed guilty of a misdemeanor and shall, upon conviction, the court may order the nuisance abated or removed at the expense of said owner or occupant.
Proposed changes:
(First sentence, first paragraph): Change to capital “O” in the word Of to a lower case “o”. (grammatical error)
(Second sentence, first paragraph): Add a comma after the word “wharf” and delete the word “or” before lobster car… (grammatical error)
(Third sentence, first paragraph): Add a period at the end of the sentence following the word “condition” (grammatical error)
(second paragraph) delete the word “shall” before the words “upon conviction” (grammatical error)

Bill Dowling moves that the changes to Section 5.6, Condition of Docks, Piers, Wharves, Floats And Lobster Cars be accepted. Ted Spurling seconds the motion. All in favor. Motion passes.
• Section 5.8 Use of Public Wharves, Docks, Floats, And Ramps
Section 5.8 is a new section proposed for the Harbor Management Ordinance. The current ordinance does not contain Section 5.8.
• Section 5.8.1 Rules and Regulations
Section 5.8.1 is a new section proposed for the Harbor Management Ordinance. The current ordinance does not contain Section 5.8.1.
Proposed:
The BOS in consultation with the HC 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.

The Harbor Committee recommends that the voters continue to approve any to the Harbor Management Ordinance.

Bill Dowling moves that the Harbor Committee rejects the language of Section 5.8.1. Ted Spurling seconds the motion. All in favor. Motion passes.
• Section 5.8.2, Permits
Section 5.8.2 is a new section proposed for the Harbor Management Ordinance. The current ordinance does not contain Section 5.8.2.
Proposed:
The Town of Cranberry Isles will issue annual permits. Application forms are provided by the Town Clerk and approved by the Harbor Committee. Vessels may be assigned designated areas and times.

The Harbor Committee points out that time limits and tie up are already addressed in the current ordinance. The Harbor Committee would like further clarification on who is required to have permits, whether there is a cost for permits, and whether there is a need for permits.

The Harbor Committee makes no recommendations at this time, pending further clarification of this section from the MAC.
• Section 5.8.3, This system will provide for the following functions
(Internal pieces of matrix to be discussed
)
Section 5.8.3 is a new section proposed for the Harbor Management Ordinance. The current ordinance does not contain Section 5.8.3.
Proposed:
This section contains a matrix showing some functions of harbor and dock usage by the following: Emergency Services, Passenger Ferry Service, Ramps, Transient Tie-Up, Annual Tie Up, Commercial Marine Activity and Gear Storage. The matrix lists which functions would require fees or not, permits or not, size limit or not, and time limits or not. There is also mention of Language around electric hoists.

Discussion takes place over what is considered commercial marine activity, what is considered gear storage, and the need for adding in functions such as emergency services, transient tie up, annual tie up and gear storage. At this time, there are no electric hoists available on Town docks. Some concern is shown for how much is covered in this section and whether this makes the current system more confusing.

The Harbor Committee makes no recommendations at this time, pending further clarification of this section from the MAC.
• Section 5.8.4
There is no section 5.8.4 included in the proposed changes, creating a numerical break in the proposed changes.
• Section 5.8.5, Review
Section 5.8.5 is a new section proposed for the Harbor Management Ordinance. The current ordinance does not contain Section 5.8.5.
Proposed:
The TCI Harbor Committee will review rules and regulations annually and provide a report to the BOS by the April selectmen’s meeting 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, 4. Effectiveness of permits, fees, size limits and time limits, 5. And any other items pertinent to this article.

The Harbor Committee sends meeting minutes to the Board of Selectmen for review. The Harbor Committee is a volunteer committee that meets as needed. Each docking facility is discussed when needed at the Harbor Committee meetings. An report is submitted for the annual report each year.

Richard Howland moves to not add Section 5.8.5 and to keep meeting on a regular basis. Bill Dowling seconds the motion. All in favor. Motion passes.
• Section 5.8.6, Fees
Section 5.8.6 is a new section proposed for the Harbor Management Ordinance. The current ordinance does not contain Section 5.8.6.
Proposed:
Fees shall be set by the BOS in consultation with the Harbor Committee.

This section appears to tie in with section 5.8.3, (matrix).

The Harbor Committee makes no recommendations at this time, pending further clarification of this section from the MAC.
• Section 6.4.3. Inspection Qualifications And Reporting
Current ordinance reads:
A list of qualified contractors for mooring inspection, simple guidelines for self-inspection of moorings, and the mooring report shall be maintained in the Town Office. Completed and signed mooring reports shall be returned to the Town Office.
Proposed:
To delete the hyphen separating “self-inspection”

Bill Dowling moves to leave the language as is. Nick Hadlock seconds the motion. All in favor. Motion passes.
• Section 6.5, Mooring Inventory And Safety
Current ordinance reads:
Upon adoption of this ordinance the Harbor Master(s) will create and inventory, which may include: location, owner/name of boat and size of boat, of all existing moorings within the waters of the Town of Cranberry Isles. This inventory will be used for the designation of new moorings. A copy of this inventory will be kept in the Town Office. Should any mooring become a hazard to navigation the state of the mooring shall be corrected to eliminate that hazard to navigation the state of the mooring shall be corrected to eliminate that hazard at the direction of the Harbor Master(s).
Proposed:
(First sentence) change the word “ and” with the word “an” (grammatical error)
(fourth sentence) delete the second set of words containing “the state of the mooring shall be corrected to eliminate that hazard” (grammatical error)

Bill Dowling moves to accept the proposed changes to Section 6.5, Mooring Inventory and Safety. Richard Howland seconds the motion. All in favor. Motion passes.
• Section 6.7, General Mooring Provisions, subsection D
Current ordinance reads:
From May 15th to October 1st the mooring scope shall be equal to the depth of the water at mean low tide + 15 feet multiplied by 2 from the rock to the bow of the boat. From October 1st to May 14th, the pennants may be lengthened, provided such action does not interfere with nearby moorings.
Proposed:
Change May 14th to May 14

Bill Dowling moves to not accept the changes to Section 6.7, subsection D. Nick Hadlock seconds the motion. All in favor. Motion passes.
• Section 6.7, General Mooring Provisions, subsection G
Current ordinance reads:
Mooring owners have until May 15th, 2008 to comply with these newly adopted specifications.
Proposed:
Delete subsection G

Subsection G is no longer needed at this time. This subsection was included when the Harbor Management Ordinance was originally approved.

Bill Dowling moves to delete subsection G of Section 6.7. James Fortune seconds the motion . All in favor. Motion passes.
• Section 7.1, Purpose
This grammatical error, (of the), was previously amended at the March 10, 2012 annual Town Meeting (see certified copy of the ordinance).
• Section 7.3, Violations
Current ordinance reads:
Violations of the regulations set forth in this Article shall be considered a violation of this ordinance and carry such penalty as may be provided for therein. A violation of a rule or regulations not specifically covered in the ordinance shall carry a penalty of a fine of not more than two hundred dollars ($200.00).
Proposed:
(second sentence) Change the word “regulations” to the singular form of “regulation”(grammatical error)

Two other grammatical errors (of this; shall carry) were noted in the proposed changes that had previously been corrected (amended) at the March 10, 2012 annual Town Meeting (see certified copy of the ordinance).

Bill Dowling moves to accept the change to section 7.3, Violations. Richard Howland seconds the motion. All in favor. Motion passes.
• Section 8.1.1, Enforcement
Current Ordinance reads:
It shall be the duty of the Harbor Master(s), to enforce the provisions of this ordinance. If the Harbor Master(s) shall find that any provision of this ordinance, or any rule or regulation promulgated pursuant to its authority, is being violated, they shall notify the person responsible for such violation, in writing using either a letter or “Civil Violation and Citation” form depending on the nature of the violation. This notice shall contain the nature of the violation and an indication of the necessary action to correct it. A copy of any written notices shall be maintained as a permanent record and in the case of a Civil Violation complaint and Citation a copy shall be forwarded expeditiously to the District Attorney of Hancock County.
Proposed:
(first sentence) Delete quotation marks around the words “Civil Violation and Citation” (grammatical error)

Bill Dowling moves to accept the proposed changes to Section 8.1.1, Enforcement. Nick Hadlock seconds the motion. All in favor. Motion passes.
• Section 8.1.3, Fines
Current Ordinance reads:
Except as otherwise specified in this ordinance, persons who violate any provision of this ordinance after receiving notice of such violation shall be subject to a fine of no more than $200.00 for each violation. Each day such a violation is continued is a separate offence. All fines shall be payable to the Town of Cranberry Isles and the penalty for such offenses shall be in addition to the Town’s right to recover its reasonable attorney’s fees and costs from the person or entity found in violation of this ordinance.
Proposed:
(first sentence) Add the words two hundred dollars before $200.00 and to add parenthesis around $200.00. (grammatical error)

Bill Dowling moves to accept the changes to Section 8.1.3, Fines. James Fortune seconds the motion. All in favor. Motion passes.
• Section 8.7, Effective Date
Current ordinance reads:
This ordinance shall become effective upon adoption by the citizens of the Town Of Cranberry Isles at either a regular or special Town Meeting.
Proposed:
Replace upper case O in “Of” with lower case “o”. Replace capital letter T and capital letter M in “Town Meeting” with lower case “t” and lower case ‘m”. (grammatical)

It is the practice of using capital letters to the word Town in ordinances and minutes to refer to the specific town of Cranberry Isles.

Bill moves to accept the change to the lower case “o” in Town of Cranberry Isles, and to reject the change to “Town Meeting”. Ted Spurling seconds the motion. All in favor. Motion passes.
• Section 9.2, Definitions
Proposed:
In the definition of “Channel”, to change to upper case “O” in “Town of Cranberry Isles” to a lower case “o” in the word “of”.

Bill Dowling moves to change the lower case “o” in the words “Town of Cranberry Isles” in all cases. Ted Spurling seconds the motion. All in favor. Motion passes.

Proposed:
To add words and definitions to Section 9.2 as follows:
o Gear
o Ramps
o Tour Vessel
o Water Taxi

The Harbor Committee wishes to add a definition of “gangway as well to Section 9.2, to demonstrate the difference between gangways and ramps. Ramps are for barging, and gangways are for access to floats on docks.

James Fortune will research other Towns’ ordinances for definitions of gear, ramps, tour vessel and water taxi. Any definitions found will be emailed to the Harbor Committee members. Some clarification is desired for the definition of “gear”, as in what type of gear?

IV. Other Business
None at this time.
V. Adjournment: 5:43 P.M.
Bill Dowling moves to adjourn the meeting. James Fortune seconds the motion. All in favor. Motion passes.

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