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HomeMy WebLinkAbout1989_01_10 Coastal Zone Management Commission Minutes Town of Mamaroneck Village of Larchmont AL COASTAL ZONE MANAGEMENT COMMISSION MINUTES CZMC SPECIAL MEETING JANUARY 10, 1989 SUBJECT: BAY CONSTABLE Members Present: Phyllis Wittner, Chairman Bruce Allen Robert S. Schoenberger Shirley Tolley Howard McMichael Elinor Fredston Others Present: Jim Avondet, Bay Constable, Town of Hempstead, NY Stuart Miller, Gannett Westchester Newspapers Pat Barrett, Bay Constable, City of New Rochelle, NY Andrew Landau, Operations, Village of Mamaroneck Eric Flood, Bay Constable, Village of Mamaroneck Carl Pierleoni, Trustee, Horseshoe Harbor Yacht Club Bill Robb, Vice Commodore, Horseshoe Harbor Yacht Club Paul E.Steinborn, Horseshoe Harbor Yacht Club Sidney N. Morse, Jr. Manor Park Society & LYC Roger Madigan, Resident, Village of Larchmont P. S. Agar, Manor Park Society R. Murphy, Manor Park Society Edward Riley, Manor Park Society William Crossin, Manor Park Society & LSC Irwin Cherashore, Larchmont Shore Club Thomas E. Haley, Larchmont Yacht Club Le Sueur G. Smith, Larchmont Yacht Club Ralph Santoliquido, Manor Park Society Richard Benna, MD, Horseshoe Harbor Yacht Club Randy Lanza, NYS Department of State Steven C. Resler, NYS Department of State Jim Mancusi, Harbormaster, Village of Mamaroneck Bob Chittenden, Bay Constable, City of Rye Geoffrey Young, John Zappala, Long Island Sound Benita Marks, Village Trustee Cheryl Lewy, village Trustee William Keresy, Police Chief 4" Paul Ryan, CZMC, Village of Mamaroneck • Address Correspondence to CZM Commission, 740 West Boston Post Road, Mamaroneck, NY 10543 (Phone 914-381-6133) C.r.. CZMC MINUTES 1/10/89 This special meeting of the Coastal Zone Management Commission (CZMC) was held at the Larchmont Village Center, Larchmont, N.Y. at the request of Mayor Miriam Curnin and the Village Trustees for the purpose of dissemination of information and full discussion prior to the CZMC's submission of a Waterfront Protection Program and request for adoption of a Bay Constable Program by the Village of Larchmont Board of Trustees. Phyllis Wittner, Chairman of the CZMC, opened the meeting at 8: 10PM and described the function of the Coastal Zone Management Commission. She said that the CZMC is an advisory Board and makes recommendations but the actual decision making lies with the Village Board. Mrs. Wittner said the purpose of the meeting was to answer questions and receive a concensus of residents opinions and suggestions. James Mancusi, Harbor Master, Village of Mamaroneck and President of the Bay Constable Association said the Village of Mamaroneck has a very successful Bay Constable Program. He feels Larchmont should also have a similiar program. Lieutenant James Avondet, Senior Bay Constable Officer from Hempstead, NY said the Hempstead Bay Constable Program was created in 1965 in order to deal with crime and emergency towing. He said that Hempstead has an extensive waterfront and a population of 750,000. When the program originally started it was a small operation, now the force has 15 full time Bay Constables and 3 Radio men. Mr. Avondet said the program is extremely successful and operates around the clock all year long and it offers increased safety and assists in rescues and law enforcement. Phillip Agar from the Manor Park Society questioned if there are any regulations in the navigational laws which would protect against the discharging of waste from a boat into the Sound. Lt. Avondet said there are laws against dumping and that the Bay Constable has the authority to enforce them. Another Larchmont resident questioned whether the Bay Constable could become involved in enforcing Fish and Game laws. Lt. Avondet said the Bay Constable is not an agent for the State but he is empowered to enforce both state and local laws. Mr. Steven Resler, from the New York State, Department of State, informed the attendees that althought the Bay Constable is employed by a municipality, he or she can enforce provisions of Navigational Law as a Peace Officer. This authority comes from Criminal Procedures Law. Carl Pierleoni questioned whether New York State will reimburse the Village if the Bay Constable enforces other laws in addition to the navigational laws. Mr. Resler responded that the Bay Constable can enforce other laws in addition to the Navigation Law, but reimbursement by New York State is made only for Navigational Laws, which includes water pollution caused by improper discharging of boat wastes. Mr. Agar asked what are the major expenses for the Bay Constable Program. The main expenses are manpower and gasoline. 2 CAMC MINUTES - 1/10/89 Mr. Agar requested clarification as to the extent and timing of New York State reimbursement for this program and how the Village would make up the difference in costs. New York State legislation allows up to $250,000 reimbursement for each County. The money is then divided amongst the municipalities based on the number of registered boats. New Rochelle, Village of Mamaroneck, City of Rye, Port Chester and Tarrytown are presently the municipalities who are sharing the fund. Mr. Pierlioni questioned how the Town of Hempstead is funding their program. Lt. Avondet responded that it is funded by a general town tax. William Crossin questioned how much waterfront area would be covered and questioned what guarantee we would have that the State will continue to appropriate funds to the program every year. Larchmont has 3 miles of waterfront. Mr. Resler responded that the reimbursement monies are guaranteed by legislation. The law would have to be repealed in order for the State not to deliver monies. Mr. Crossin also was concerned with the type of boats that would be used and questioned the expected cost of the program. Lt. Avondet said Hempstead has 5 Boston Whalers which average about 20 - 22 feet and cost approximately $19,000 each plus $6,000 more for the engine. Bruce Allen said he recommended a Steigercraft with outboard at an approximate cost of $27,000 plus emergency equipment. Mr. Allen also said that he estimated the salaries for 5 men for 6 months of duty (based on $7 per Hour) to be $36,000. Emergency equipment, uniforms would be another $10,000, Mr. Allen estimates initial costs to be approximately $70,000 - $80,000, not guaranteed (see Proposal) . Mr. Allen said we should be reimbursed for about 3/4 of that. Mr. Riley questioned the quality of an employee who could be employed for $7 an hour and asked what type of person would do the job. Lt. Avondet said the starting salary for a Hempstead Bay Constable is approximately $19,000 and goes up to $30,000. Chief Keresy offered to screen applicants for the Bay Constable position. He said the position might be of interest to College Students, or others aspiring to become law enforcement officers, and auxilliary officers. Andrew Landau, Operations Officer, Village of Mamaroneck said the Village program started 4 years ago. They currently have 5 Bay Constables. He said when hiring he looks for a responsible person and that school teachers might be interested. He said the Village pays $7 - $10 an hour and no fringe benefits. Mr. Landau stated he would not recommend anyone going out on the Sound and enforcing the law without the protection of a gun. He said everything that can happen on land can happen on the water. He said that all Bay Constables are trained in CPR. Thomas Haley, Commodore Larchmont Yacht Club, asked Chief Keresey if he had studied the financial aspects of the proposed program since the program would come under his supervision. He also questioned why the current plan covered only 6 month and only 2 shifts. He also asked if there would be 2 men on a boat. Chief Keresy said he did not go over the financial aspects yet. He said he would need 5 men who could cover 2 daily shifts. 3 CZMC MINUTES - 1/10/89 Mr. Allen said the CZMC proposed a 6 month period initially to try the program out. We have the largest number of violations and accidents during the summer months. Lt. Avondet said the Hempstead program started with 6 bay constables and expanded as the need developed. Mrs. Wittner stated that she had spoken with Councilwoman Marcia Kapilow of Rye, who said the Rye program was very successful. They enlisted and received the cooperation of the American Yacht Club. Mr. Cherashore, President of the Larchmont Shore Club, questioned whether the program could work with just 1 boat. Mrs. Wittner said that in emergency situations the American Yacht Club assisted the Rye Program by lending them a boat. Mr. Haley, Commodore of the Larchmont Yacht Club said the LYC has always cooperated with the Larchmont Police Department. Mr. Allen described a recent incident in which kids caused $10,000 worth of damage to a boat in Horseshoe Harbor. The Horseshoe Harbor launch, moving at only 7 mph, responded, but was inadequate to handle the situation on a timely basis. Mr. Chittenden, Bay Constable, City of Rye, stated they have 2 boats. When one of these boats is out of service, the American Yacht Club allows them to use the boat for patrol or emergencies. Both Boats are moored at the Municipal Marina. The Rye program operates 11 months a year. They work from 12 Noon to 4 AM , seven days a week. Mr. Landau said his constables are active in aiding in emergency situations, issuing summons for speeding, and other violations, and aiding in vessel tows. Mr. Landau said the busiest time is between Friday night to Sunday evening. He also added that most acts of vandalism occur after 10 PM. Sundays are also very active with a markedly higher accident rate and more breakdowns. Mrs. Wittner asked if the representatives from Horseshoe Harbor or the Larchmont Yacht Club would be willing to donate a room for the Bay Constables and a mooring. Mr. Haley responded that a formal request must be made to the Board of Trustees of the Larchmont Yacht Club. He also suggested that Larchmont Village and Mamaroneck Village share a Bay Constable Program. Mrs. Tolley replied that the Villages could share a program but they would first have to adopt uniform laws. Mr. Allen said the nature of the Larchmont waterfront being primarily residential is quite different than that of the Village of Mamaroneck which has much commercial waterfront, therefore the needs of each are different. Mr. Chittenden added that several years ago Port Chester wanted to join with the Rye Bay Constable Program, but they realized it was not a practical solution. Mr. Keresy feels there is a definite need for this kind of program and advocated a separate Bay Constable Program for Larchmont. He said it is important for Larchmont to have complete control over the agency so that they can handle the specific needs of the community. Municipalities have the right to regulate the use of vessels within 1500 feet of the shoreline. One of the questions raised by several residents is whether the State or the Village receive funds from fines. If municipalities 4 CAMC MINUTES - 1/10/89 have adopted local ordinances, the money collected from the fines go back to the Village. John Zappala, a Member of the Long Island Sound Study's Citizen Advisory Committee, said wherever there are a large number of boats in small enclosed inlets, they contribute heavily to pollution. He also said that federal funding for pollution control has increased. Lt. Avondet concurred saying that the quality of the Hempstead Bay deteriorated because of houseboats. Now it is heavily regulated and enforced by the Bay Constables. He also said that the Hempstead Bay Constables do water quality tests and sampling. Mr. Allen feels the time has come for everyone to accept their responsibility and help with the pollution problem. The Village of Mamaroneck Bay Constables will pick up floatables and respond to oil spills. Several residents were interested in finding out what the proposed costs would be and how the costs would be levied. Mr. Allen said the proposed plan charges boat owners an annual fee of $2 per foot. All boats would require a decal and those without them would be served a summons. Mr. Haley questioned whether the boats that are moored in the area which is really under the jurisdiction of the Village of Mamaroneck would have to pay the annual fee. He also questioned why the burden should be placed on only the boatowners when all residents would benefit. Mr. Allen said that this is only a proposal and the method of how the program would be financed would be left to the Mayor and the Board. Mr. Agar questioned if the current proposal will include the $2 a foot charge for boat owners. Mrs. Wittner responded that it could be taken out of the proposal or left in, it really is a matter for the Village Trustees to decide. A general concensus of those in the room seemed opposed to the proposal of a $2 fee. Roger Madigan, Larchmont resident said that the Town of Mamaroneck has waterfront too, and would it be possible to enlist them in sharing the proposed project. Mr. Allen said he hs already discussed this proposal with both Steven Altiere, Town Administrator and Police Commissioner Arthur Dallas. They are not interested in pursuing it. Mr. Landau explained how the Village of Mamaroneck funds their program. He said that the Village of Mamaroneck charges boat owners $2 a foot per year. All the monies go into a general fund and the Bay Constable Program gets money from that fund. Mr. Steinborn from Horseshoe Harbor expressed his concern over the quality of person that could be hired for $7 per hour, and was strongly opposed to their carrying firearms. Mr. Keresy responded that the person hired would be trained and certified by the State of New York. The training period is 40 hours in the use of firearms and 32 hours on how the law must be enforced. Many residents expressed concern that this was not enough training. 5 CAMC MINUTES - 1/10/89 Mr. Barnet from the New Rochelle Bay Constable Program said they have hired retired New York City Police Officers for $6.50 an hour. William Crossin who is on the Board of Directors for a New York City Security firm, stated that he is experienced in hiring security officers and for the money that is being offered one would not attract quality people. Mr. Geoffrey Young, Trustee Village of Larchmont, questioned what happens when Village lines cross, there is an area in the harbor that overlaps with the Village of Mamaroneck. Mr. Chittenden explained the ways in which the Rye Constables define the issue. He also said the Bay Constables are peace officers who have the authority to cross the lines. Mr. Cherashore questioned whether having the Village of Mamaroneck program extended to cover the Larchmont area was explored. Mrs. Wittner said that she will submit to the CZMC and Board of Trustees a summary of the concerns brought forth this evening. Mrs. Tolley said the CZMC is interested in this concept but we serve as only an advisory group. The trustees would have to investigate the proposal more fully. Mrs. Wittner said the draft we submitted was with as many facts as we could get. She then asked the attendees to indicate whether they endorsed the program by a show of hands. The audience was reticent to show their support. Mr. Allen said this program is a means of protection that has been very successful in many neighboring municipalities. It would be considerably more expensive to pay a policeman with a salary of $45,000 including benefits to man a boat. At this point it is up to the Board to go forward or to turn it down. It was also mentioned that there are Police Officers in Rye who are trained in the operation of boats and could respond to emergency situations. Mrs. Wittner asked whether anyone opposed safety on the water, efforts to curb pollution, aid in water quality and protection of our coasts and wetlands. By a show of hands no one opposed these purposes but still many were reticent to endorse the idea. Meeting adjourned. 6