Monday, February 9, 2009

Response from Dan West of ODNR to Letter Below from 1/23/09

Thank you for taking the time to share the comments below. I really appreciate your interest regarding the Middle Bass Island State Park Marina and the Dock Lottery program currently being considered. Sorry that I didn’t respond right away but I wanted to carefully review and consider your comments.

As a public agency we are charged with the responsibility to administer our public resources fairly and equitably for the public. As you might know, dock lottery programs are not unique to our division. We manage a number of marinas in our State Parks utilizing a dock lottery system. They are considered to be a fair and equitable method of offering seasonal dockage. As you shared, we do have at issue a "handful of residents who depend on their boats for daily transportation to and from work". You might or might not be aware that we spend considerable time over the past several years to meet with residents, local officials and the general public to find an equitable solution to the above. In an effort to uphold our commitment to these people we are conducting a year round resident’s lottery in addition to the general lottery.

You propose as an option to the two tier lottery, a three tier lottery. I appreciate your taking the time to put forth thought and offer a possible alternative to the current plan. This option was considered when we were preparing our lottery plan. However, it fell short of the given parameters in how we are able to structure our lottery system. We did our very best to provide an equitable system that would still take in consideration those that need a dock slip for their work and the general public at large that want a slip for recreational purposes. By defining various classes of residents we are creating unequal opportunities for the public as a whole. When the master planning was started for the marina, through public meetings, we heard the concern and need for dockage for the residents on the island who depend on their boats to get to and from work. You have shared your understanding of this point as well in your letter. By providing a two tier lottery we are able to provide for this consideration. However to extend the lottery program to a third tier as you ask, for those who own property there but do not reside on the island as their primary residence, is comparable to a person who lives in one part of Ohio, yet owns property near a marina in another area of Ohio. Does this person have increased opportunity of use – yes – by the mere fact they have a home near the marina gives them an expectation of increased opportunity. However, should this person be given increased privilege of use to a public facility? No, unless there is a deed or property title providing for such. Using this guideline, we are striving to serve everyone equally and still maintain a balance with those residents whose livelihood is derived by year round residency on the island. Given that the state and federal government is investing well over 12 million dollars in the Middle Bass marina, there comes a greater expectation that the facility will be open to everyone. We think by offering the two tier lottery that provides permanent residents a separate lottery, and still allowing seasonal residents to apply for the general lottery we will accomplish what we initially promised at the onset.

Finally are there enough docks being offered in the seasonal lottery for those who may be interested; we think there will be. As you state we are increasing the number of docks available beyond what had been offered in the past. Those offered previously were designated for anyone interested, not exclusively to island residents. At this time we feel this will be enough to accommodate the demand. However, if this does not prove to be the case we do have options available. If in the future additional capital dollars are available, the marina has design space for additional dock capacity. Therefore, additional docks can be added. With additional docks it is within reason to expect there would be additional seasonal dock opportunities.

As with any new operation, product or service, private as well as public, reviewing and improving are instrumental to its success. This is also a part of our philosophy. At the end of this year, we will be evaluating and taking further steps to improve our facilities for the equal benefit of our constituents.

Again thank you for taking the time to share you thoughts. I will share them with the Lake Erie Islands Regional Manager, Scott Doty. Direct communications with our field managers is always encouraged. He can be reached at Lake Erie Islands State Park, 4049 E. Moores Dock Rd. Port Clinton, Ohio 43452. Phone 419-797-4530

Dan West
Ohio State Parks
2045 Morse Road Bldg C3
Columbus, OH 43229-6693
(614) 265-6561

4 comments:

  1. After reading this response, it looks like The person who used the term "throw the islanders a bone" in regard to acknowledging the few that rely on boats for daily transportation was spot on. While not surprising it is very disappointing to see how we as islander's full time or seasonal residents have been affected by their policies. I am glad to see those who actually need a dock for transportation will most likely get one. I would be interested to see exactly how many times the so called committee actually got together and what was generated. I did notice when reading the letter sent to Mr. West and his subsequent response that he continues to think the people at Roesch's marina were under the same sort of constraints in regard to the state's yearly dock lottery. This further shows how out of touch they are in regard to both the facts and unique needs of the Island residents. Mr. West's assumption is so far off the mark it is insane. It goes back to earlier arguments / points that residents have been displaced and are not guaranteed continued dockage as they had been, some for years at Jim's marina. As long as you wanted a spot, you had it. I feel sorry for those who were contemplating a boat purchase contingent on a dock in the new marina. This system doesn't allow for this either. Once again, the state refusing to see or choosing not to acknowledge the fact that there is limited infrastructure and they alone have taken opportunities away from local residents. I hope others will please voice opinions.

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  2. What a bizarre and unworldly letter. ODNR apparently never took any time to learn about islanders. Of course, it has always been VERY hard to define an “islander”, which is why no one ever did this in writing before.

    But let’s start with a digression. Dan West wrote “we heard the concern and need for dockage for the residents on the island who depend on their boats to get to and from work”. But instead of finding out who needs a boat to get to work and doesn’t already have a dock elsewhere (A maximum of 2-3 year-round people, but more during the non-winter months), Tier 1 is for “A ‘Year Round, Island Resident’ … defined as a person who is registered with the county auditor for the Ottawa County 2 ½ Primary Residence Roll-Back Property Tax applied to their residence on Middle Bass Island, or has a notarized statement declaring they are a year round resident, who resides on Middle Bass Island as their principal place of residence year round.… If the statement is found to be false, the applicant will be subject to prosecution, and forfeiture of any and all docking privileges at Middle Bass Island State Park.”

    So who is allowed to submit a notarized statement without being subject to prosecution? The answer boggles the mind and could lead to a great deal of litigation. The difficult cases are mostly all retired people who travel a lot.

    All the following cases are real Middle Bass Island cases:

    A “year-round” islander who spends 2-3 months every winter on vacation in Florida or other places.

    Someone who spends 8-9 months a year on Middle Bass, but the rest at a home elsewhere. At least one in this category needs a boat for seasonal employment at Put-in-Bay.

    Someone who spends EVERY weekend on Middle Bass all year round (except for a couple of vacation weeks) but has a business on the mainland that requires him to be there Monday through Thursday.

    Someone who spends roughly 4 months on Middle Bass, 4 months on the Ohio mainland, and 4 months traveling to exotic locations.

    Someone who spent 4 months on Middle Bass last year, 3 months at his mainland home, and five months at two other locations dealing with family issues.

    The point is that ANY definition of year-round islander or full-time resident is arbitrary and totally meaningless.

    Except for fewer than a handful of families who need a boat in the water for work year-round (except when the lake is frozen), it’s totally irrational even to try to distinguish between other classes of property owners.

    Last but not least, ODNR doesn’t make it clear whether the property owner has to be the boat owner. What is the case when the property is a hand-me-down in the wife’s name, and the boat is in the husband’s name. Or vice versa.

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  3. Dan's comments reference current policy for inland park docks, however the fact that Middle Bass Island State Park is 14 miles out in the Middle of Lake Erie could allow the state to adopt a resonable adjustment to policy. Seasonal residents can also have critical need for dockage such as using a boat for emergency medical transportation etc.

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  4. It is pretty apparent the State Employees, tasked with planning and implementing policy have a rather difficult time thinking outside of box, even on something as simple as this. If this box were a paper bag I don't think they could find their way out of it, even if a trail of Twinkies was left for them to follow.

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