MARYLAND BOARD OF PILOTS
MINUTES
DATE: January 18, 2002
PLACE: 500 N. Calvert Street
Third Floor Conference Room
Baltimore, Maryland 21202
PRESENT: Chairman Jerald Lurie
Captain Eric Nielsen
Captain George Walter
Captain Thomas Macdonald
Walter Lewis
Hans Hjelde
Phillipe Masiee
Ileana O'Brien, Secretary’s representative
ABSENT: Captain Brian Hope
OTHERS PRESENT: Elizabeth Trimble, Asst. Attorney General
Pamela J. Edwards, Asst. Executive Director
James Bartlett, Esquire, Counsel for Association
Allan Gamse, Esquire
Joseph Wyatt, JRW Associates
CALL TO ORDER
Chairman Lurie called the meeting to order at 10:30 a.m.
APPROVAL OF THE MINUTES
Motion (I) was made by Hans Hjelde, seconded by Phillipe Masiee, and unanimously carried by the Board to approve the minutes of the October 12, 2001 meeting with no corrections.
INCIDENT REPORT
Captain Macdonald reported that there are two open incidents. One occurred in August (Incident No. 118) and was previously reported to the Board. The incident involved the small sailboat which entered the shipping lanes. Captain Macdonald reported that the operator of the sailboat has pled guilty in court to impeding the vessel. The Coast Guard report which was requested on September 4, 2001 has not been received. Pamela Edwards stated that she will follow-up with the Coast Guard on the status of the report. Captain Macdonald stated that the committee will not make a final decision on the incident until the report is received.
BOARD OF PILOTS
January 18, 2002
Page Two
Captain Macdonald continued that the other incident (No. 119) occurred on December 19, 2001. The pilot reported that the vessel left Pier 13 Canton with a docking master at the conn and that the docking master turned the vessel and straightened it up in the No. 2 Anchorage. After the stern of the vessel was past the position of Red Buoy 6, the pilot took over the conn. A few minutes later, he was advised by one of the tugs that Red Buoy 6 had been sunk. The pilot reported the incident to the Coast Guard. Captain Macdonald requested that the Coast Guard report be requested.
REGULATORY REVIEW AND EVALUATION REPORT
Chairman Lurie reported that Harry Loleas prepared the Work Plan for the Division's nine Boards that are undergoing regulatory review. The next step in the procedure is that Elizabeth Trimble, Pamela Edwards and Sally Wingo will review the Pilots' regulations and present recommendations to the Board at the April meeting. Chairman Lurie stated that he does not forsee any issues with the regulations. The Department has until the end of June to submit changes.
SUNSET REVIEW SUBCOMMITTEE
Chairman Lurie reported that the subcommittee met on October 17, 2001 along with professional staff and discussed the Board's response to the Sunset Report. The response was prepared and submitted and a copy was included with the Board members' packets of materials. The Association submitted a separate response, which was included in the printed sunset report. Chairman Lurie further reported that he, Captain Nielsen, Elizabeth Trimble, Harry Loleas, and Mark Feinroth attended two legislative subcommittee meetings on December 12th - the House Economic Matters Committee chaired by Delegate Busch and the Senate Education, Health and Environmental Affairs Committee chaired by Senator Blount. Chairman Lurie stated that they presented the Board's response to the Sunset Report and the Association had the opportunity to comment on the written response which it submitted.
BAY PILOT COMPLEMENT REPORT
Captain Nielsen distributed copies of the Predicted Bay Pilot complement report which he prepared. He stated that this is the supply side of pilots assuming a retirement age of 64. A pilot retired unexpectedly in December at the age of 61. There are now 61 pilots. Assuming a retirement age of 64 which has been the average retirement age for the past 30 years, the next pilot will retire in 2005. Captain Nielsen stated that ship movements increased 7% in 2001.
Motion (II) was made by Captain Macdonald, seconded by Mr. Masiee, and unanimously carried by the Board to accept the report.
Board of Pilots
January 18, 2002
Page Three
APPRENTICE SELECTION COMMITTEE
Chairman Lurie stated that in light of the unexpected retirement of a pilot, he would like to appoint an Apprentice Selection Committee and make it a standing committee. In the past, the committee looked at issues and submitted a report to the Board. Mr. Masiee, Mr. Lewis and Captain Hope agreed to serve on the committee. Captain Nielsen stated that in the past it was found to be helpful to have two pilots on the committee to evaluate the qualifications of the applicants. Ms. Trimble stated that regulations may have to be amended to make it a standing committee. If it is an ad hoc committee, regulations would not have to be amended. It was decided that the committee remain an ad hoc committee for now. Chairman Lurie stated that he would like a report from the Committee at the April 12th meeting.
CORRESPONDENCE
Captain Nielsen reported that the Docking Pilots Board asked the Association to recommend several pilots who could substitute as docking pilots, if necessary. This request came as a result of a docking pilot sustaining an injury thereby reducing the docking pilot complement to nine. The Board was concerned that if someone else got injured there may not be enough docking pilots available. The Docking Pilots Board has initiated a search and selection process. Captain Nielsen stated that he selected three pilots to fill in if necessary. They are currently being re-familiarized with the tug equipment currently in use in the Harbor. Bay pilots are able to operate as docking pilots under the pilots license. Captain Nielsen's letter listed the three designated pilots as: Captain Thomas Colgan, Captain Roger Hall, and Captain John Traut.
Captain Nielsen stated that as he mentioned at the last board meeting the Association filed a petition with the Public Service Commission for a rate increase. He distributed copies of the Association's press release to Board members. Captain Nielsen stated that the petition was filed in September. At the end of December, the Association and the Public Service Commission entered into an agreement that was then submitted to a hearing examiner on January 3, 2001. They are awaiting the hearing examiner's proposed order.
RESCHEDULING OF JUNE MEETING
Because of various Board members' conflicts with the scheduled meeting date of June 14th, it was agreed to reschedule the meeting for June 18th at 9:30 am.
OTHER BUSINESS
It was noted that Financial Disclosure Statements are due to the Ethics Commission on April 30, 2002.
Board of Pilots
January 18, 2002
Page Four
ADJOURNMENT
There being no further business, motion (III) was made by Captain Walter, seconded by Hans Hjelde, and unanimously carried by the Board to adjourn the meeting at 11:25 a.m.
With Corrections
X Without Corrections
MINUTES SIGNED BY CHAIRMAN JERALD LURIE ON APRIL 12, 2002