Harbor Committee Meeting Minutes May 26, 2011

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Harbor Committee Meeting Minutes
May 26, 2011
Islesford Neighborhood House,/b>

Attendance:
Bill Dowling, Chairman, Harbor Committee
Ted Spurling, Harbor Committee
James Fortune, Harbor Committee Alternate and Administrative Assistant
Roy Hadlock, Harbor Committee
Bruce Fernald, Islesford Harbormaster
Dennis Dever, Manset Dockmaster
Phil Whitney, BOS
Nanette Hadlock, Deputy Clerk
I. Call to Order: 4:10 P.M. by Chairman Bill Dowling.
Harbor Committee Member Roy Hadlock will be running late for today’s meeting, but James Fortune, Alternate Member, is present which constitutes a quorum for voting purposes.
,b>II. Review / Approval April 28, 2011 Harbor Committee Meeting Minutes
Change: under Item III, Manset Enforcement Recommendations, second sentence, “In this draft ‘the Enforcement Monitor would start on May 27 and end September 25.
Ted Spurling moves to accept the April 28, 2011 Harbor Committee meeting minutes as amended. Jim Fortune seconds the motion. Motion passes.
III. Suggestions to changes for Harbor Management Ordinance-Dockmaster
Dennis Dever, recently appointed Dockmaster for the Manset Facility has sent some suggestions to changes to the Harbor Management Ordinance. The Harbor Committee reviews the Dockmaster’s suggestions and makes the following suggestions of their committee:

Section 3.1.2E:
Dockmaster: add “except parking lots at the Manset Facility in Southwest Harbor”
The Dockmaster’s suggestion is deleted as the Harbor Management Ordinance does not pertain to parking lots. The Municipal Advisory Commission advises on parking issues.
Section 4.1.3:
Dockmaster: add “or using Town of Cranberry Isles municipal facilities”
The Harbor Committee suggests using the words “using any property, equipment, or mooring managed by the Town Of Cranberry Isles”. This language is intended to include the Manset Facility.
Section 4.2 Boat Owner or Operator:
Dockmaster: add “or at any facility managed by the Town Of Cranberry Isles.”
The Harbor Committee suggests using the words “or any property, equipment, or mooring managed by the Town Of Cranberry Isles.” This language is intended to include the Manset Facility.
Section 4.3.3 Abandonment:
Dockmaster: add “or at any property or mooring managed by the Town Of Cranberry Isles.”
The Harbor Committee suggests using the words “or at any property, equipment or mooring managed by the Town Of Cranberry Isles.” This language is intended to include the Manset Facility.
Section 4.4.3 Obstruction of Manset Floats:
Dockmaster: change title of 4.4.3 to “Manset Facilities”
Add “The Board of Selectmen may appoint a Manset Dockmaster empowered with the authority of a Harbormaster under Section 3.1.2 of this ordinance. Responsibilities of the Manset Dockmaster may include regulation and enforcement of land based activities at the Manset facilities such as vehicle parking and other duties as the Board of Selectmen dictate.”

Selectman Phil Whitney has sent a list of questions to the Town Attorney in regard to the new Dockmaster position at the TCI Manset Facility. Mr. Whitney clarifies in his email to the attorney that this position would essentially be a security guard, not a police officer or harbormaster status.
According to the Attorney, the Dockmaster would not be able to issue summonses to court, even if they had previously had Harbormaster or Police Academy training. Only the municipal officers of Southwest Harbor have authority under 30 MRSA section 3009 (1) to enact traffic and parking ordinances for locations in Southwest Harbor. As a result, Cranberry Isles’ parking regulations are simply landowner rules governing use of property that the Town Of Cranberry Isles owns in its proprietary capacity as a municipal corporation. Violations of those regulations cannot be prosecuted as a civil violation in the courts, unless Southwest Harbor has enacted the identical provision regarding parking as an ordinance of Southwest Harbor. To issue summonses for traffic or parking violations in Southwest Harbor, the person issuing the summons must be a duly-appointed police officer, constable, harbormaster or other enforcement official of the Town of Southwest Harbor.
The second question asked by Mr. Whitney was “If boats must be removed from the dock spaces w/o boat owner’s consent (violating Cranberry Isles’ docking regulations) are there any State or Maritime guidelines regarding this issue? I am reasonably certain the SWH Harbormaster would not have jurisdiction, since this is considered a ‘private’ dock by SWH?” The Attorney states that “this issue would be governed by whatever permit provisions exist between Cranberry Isles and users of the docks if your question concerns people who are allowed to use the dock but use it in an impermissible manner. Alternatively, if this is instead a trespass issue (i.e. someone who does not have the right to make use of the dock at all), I believe your remedies would be no different from another private citizen.”
The third question asked by Mr. Whitney dealt with parking and is under the guidance of the Municipal Advisory Commission. Mr. Whitney also states in his email to the Town Attorney that “We intend to make every effort to resolve issues of parking & docking violations w/o resorting to towing, etc. However we need to know exactly our legal standing should it be necessary to take stronger enforcement action.”
The Harbor Committee does not recommend the changes suggested by the Dockmaster to Section 4.4.3 Obstruction of Manset Floats. The Harbor Committee does have recommendations for its own changes to this section.
The section currently reads:
4.4.3 OBSTRUCTION OF MANSET FLOATS
In Manset, the head of the outermost float is to be used solely to load or offload passengers and cargo. The sides of the front two floats are limited to a 4-hour tie up. The inside two floats shall be designated as bow tie up only, for a period 12 hours and boats must be less than twenty feet in length. Dinghy, as defined in article nine, tie up will be designated on the inner most float. Because the Manset Dock is a new facility, the harbor committee will have jurisdiction over implementing additional policies as deemed necessary.

The Harbor Committee suggests that section 4.4.3 be amended to read:
In Manset, the head of the outermost float is to be used solely to load or offload passengers and cargo. The sides of the front two floats are limited to a 6-hour tie up. The inside two floats shall be designated as bow tie up only, for a period 12 hours and boats must be less than twenty feet in length. Dinghy, as defined in article nine, tie up will be designated on the inner most float.
The suggested change from a four hour tie up to a six hour tie up is the result of a recommendation by the Harbor Committee made at their July 07, 2010 meeting. The Harbor Committee also recommends deleting the last sentence of this section as the Harbor Committee does not implement additional policies, but advises the Board of Selectmen on the same. Duties Responsibilities of the Harbor Committee as stated in section 3.2.2 of the ordinance are as follows:
A) To advise as to the care, management and enforcement of the Town waters and harbors.
B) To recommend policy, rules, and regulations, and develop long and short range plans for the harbor waters of the Town.
C) To make recommendations on the construction of piers, wharves, breakwaters, marine railways, or bulkheads within the harbor waters of the Town.
Section 7.1 Purpose:
This section currently reads:
Each of the harbors and harbor waters within the Town Of Cranberry Isles is unique and requires individual treatment for its most efficient and satisfactory operation. Accordingly, within the intent and scope of this ordinance rules and regulations will be put into effect, as hereinafter set forth, by the Harbor Master(s) in each of the harbors and harbor waters of the Town upon the approval by the Board of Selectmen.

Dockmaster: (first sentence) Change harbors to facilities. Change within to managed by.
The Harbor Committee recommends no change to this section of the ordinance as the Town of Southwest Harbor would have jurisdiction over harbor waters at the Manset Facility.
A letter has been sent by the Administrative Assistant on behalf of the Board of Selectman to the Southwest Harbor Police and the Chairman of the Southwest Harbor Committee explaining that Mr. Dever has been hired by the Town Of Cranberry Isles to enforce parking and dockage at our Manset Facility.
Ted Spurling moves to recommend the changes made by the Harbor Committee to the Harbor Management Ordinance. Roy Hadlock seconds the motion. Motion passes.
Changes to the Harbor Management Ordinance will require a public hearing and approval by the voters. It is expected that a special town meeting will be held this summer.
IV. Attorney Review of Harbor Management Ordinance
Previously discussed.
V. Manset Boat Stickers: recommendation for price
The Harbor Committee recommends that the Board of Selectmen set the price for Manset boat stickers.
VI. Enforcement at Islesford and Great Cranberry Island
At the May Board of Selectmen’s meeting, it was suggested by more than one attendee that stricter enforcement is needed at the Islesford and Great Cranberry Island Docks than has been used in the past.
The Islesford Harbormaster states that he will not be issuing summons, as he is not taking a day off to attend court. A notice of violation is not the same as a court summons. In reference to illegal docking in the evening, the Islesford Harbormaster is already in bed at that time and wouldn’t know about that. Better signage is recommended for the docks. The Great Cranberry Island Harbormaster is not present at today’s meeting.
VII. LCI Dock Extension Sketch
A fairly basic sketch was discussed for an alternate set up for the Islesford Dock Extension in 2010. The sketch has not been brought to the attention of Kleinschmidt Associates.
VIII. GCI Dock Update
Tabled at this time.
IX. LCI Dock Update
Tabled at this time.
X. Sutton Island Dock Update
Tabled at this time.
XI. Manset Dock Update
Tabled at this time.
XII. Baker Island Update
Acadia National Park is planning to do some tree cutting at Baker Island. Acadia National Park does not allow commercial visits to Baker Island. Vendor applications will be available this year to commercial boat companies who wish to take tours to Baker Island.
XIII. Other Business
None at this time.
XIV. Adjournment: 6:21 P.M.
Roy Hadlock moves to adjourn the meeting. Bill Dowling seconds the motion. Motion passes.

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