Minutes of the Regular Meeting of The New Jersey Maritime Pilot & Docking Pilot Commission October 16, 2007

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1 Minutes of the Regular Meeting of The New Jersey Maritime Pilot & Docking Pilot Commission October 16, 2007 The regular meeting of The New Jersey Maritime Pilot and Docking Pilot Commission was held on Tuesday, October 16, 2007 at One Penn Plaza East, 9 th Floor, Newark, NJ Pledge of Allegiance Open Public Meeting Statement Roll Call Commissioner Timothy J. Dacey, present; Commissioner Thomas F. Daly, present; Commissioner Stanley E. Wiklinski, present; Commissioner Charles Wowkanech, absent; Commissioner Richard L. Amster, present; Commissioner Joseph Azzolina, absent. Minutes of Prior Meetings On a motion by Commissioner Wiklinski and seconded by Commissioner Amster that the minutes of the September 18, 2007 regular meeting be approved. All voted in favor. Treasurers Report On a motion by Commissioner Daly and seconded by Commissioner Amster that the Treasurer s report dated October 2007 be approved. All voted in favor. Executive Directors Report The Commissioners were given a copy of the physician s authorization and the list of break-in trips for Captain Richard Seeth along with the authorization to return to the rotation board effective September 26, The Commissioners were given a copy of the Sandy Hook Apprentice Training Report. The Commissioners were given copies of the minutes from the Pension Surcharge Committee Meeting held on September 18, Commissioner Amster and Mr. Licata attended the meeting.

2 Commissioner Amster gave the Commission a brief summary of the actions taken at the meeting. The Committee approved an increase to the pension surcharge by 6.6% to become effective October 1, 2007 to cover expected increases through The Committee will meet again in six months. The Commissioners were given a copy of the agenda from the September 19, 2007 Harbor Ops Committee meeting. Mr. Licata pointed out that the applications have been filed for the Carteret Marina. He will keep an eye on situation and let the Commission know if the permit is issued in draft. The Commissioners were given a copy of correspondence from Captain Arthur Biagi regarding the fine that was imposed upon him for late filing of an occurrence report. The fine has been paid and the file closed. The Commissioners were given a copy of correspondence from Captain John Schnepp regarding the fine that was imposed upon him for late filing of an occurrence report. Captain Schnepp is requesting a formal hearing to appeal the fine. Mr. Licata will send him a letter acknowledging his request and schedule a date for him to appear at a future regularly scheduled meeting. The Commissioners were given a copy of a letter from Sandy Hook to the New York Commission regarding the status of recurrent training for all pilots. Mr. Licata and Captain Schoenlank have had numerous conversations regarding this issue. Once the three-year training program has been finalized, it will apply to all pilots. The Commissioners were given a copy of an article from the Journal of Commerce regarding the controversy over the Bayonne port deal. The Commissioners were given a copy of a Homeland Security Press Release regarding the TWIC cards. Captains Kenneth Sorensen, George Kissenberth, and Alan Braendly are currently out on sick leave. Captains Christopher Weiss and Kevin Gadow have taken a leave of absence. Captain Thomas Steinruck has requested that his name be removed from the list of qualified docking pilot apprentices. All the other candidates on the list have been called into duty. The Commission has authorized Mr. Licata to take the necessary steps to begin the application process so that another list can be established.

3 At the request of the Safety Committee Mr. Licata has been asked to research the availability of Man Overboard Dummies. He has located one from V.E. Ralph & Son, Inc. Mr. Licata has been authorized to purchase a dummy for use of the pilots. Public Comment Report from Captain Robert Flannery President, Metro Pilots Association: At the last pilot/terminal roundtable meeting, the pilots were given a list of oil terminals with a designated liaison for each terminal. Captain Flannery feels that this will help alleviate some of the problems they have been experiencing with the terminals. Maher Terminals have been having the longshoremen pull the gangways over. Captain Flannery attended a meeting with the Port Authority, New York Container Terminal and the railroad company regarding the operation of the A.K. Bridge. The group came up with a plan to open the bridge 6 times each day. Each lift takes approximately 30 minutes. After two years of trial and error the pilots believe they have come up with a solution that works for everyone. The pilots met with Captain O Brien and expressed their concerns regarding the management of VTS. Report from Captain Richard Schoenlank President, The New Jersey Sandy Hook Pilots Association: The last AMSC meeting was cancelled due to another delay regarding the TWIC cards. A rollout for the TWIC has begun in Wilmington Delaware. The ports of NJ/NY have received pressure to get the system up and running. The AMSC will meet in the next month to discuss its implementation. To date the final date for everyone to comply has not been extended despite the numerous delays. Captain Schoenlank attended Port Industry Day. Rick Larrabee spoke regarding the continued growth of the ports of NY/NJ. Captain Schoenlank presented the Commission with an follow-up article from the Journal of Commerce regarding his speech. Sandy Hook received an inquiry from Genesis RCCL regarding the height of the Verrazano Bridge. The height fluctuates due

4 to heat, cold, traffic, etc.) Eventually an air gap sensor will be installed. Resolution #07-11 approving the appointment of a Maritime Pilot Apprentice The Sandy Hook Pilots Association sent a letter to the Commission expressing the need to call Karen Basciano, the next candidate on the list of qualified apprentices into duty. Ms. Basciano appeared before the Commission and gave a brief summary of her background. On a motion by Commissioner Amster and seconded by Commissioner Daly, Resolution #07-11 was passed to appoint Karen A. Basciano as a Maritime Apprentice Pilot effective October 1, All voted in favor. Ms. Basciano was presented with a certificate of appointment by Commissioner Dacey. Resolution #07-12 approving the issuance of a New Jersey State Maritime Pilot license to Dave J. Graves Apprentice David Graves has satisfactorily completed the requisite apprenticeship program at the Sandy Hook Pilots Association. He took his New Jersey State pilots examination on October 1-4, 2007 and passed with high marks. Captain Graves expressed his appreciation to the Commission and the Sandy Hook Pilots Association for enabling him to enter and complete the Apprenticeship Training Program. He found the program to be excellent and feels honored at the opportunity to become a pilot. On a motion by Commissioner Daly and seconded by Commissioner Amster, Resolution #07-12 was passed to approve the issuance of a New Jersey State Maritime Pilot license to David J. Graves. All voted in favor. Captain Graves was issued the oath and sworn in as a New Jersey State Licensed Maritime Pilot by Commissioner Wiklinski. Resolution #07-13 to approve a proposed revision to current regulations regarding recurrent training This resolution was proposed partially in response to the NTSB s safety recommendations of June 12, 2007 and also to ensure that each pilot association and/or ship docking company submit a detailed recurrent training plan to the Commission. After open discussion a motion was made by Commissioner Daly and seconded by Commissioner Wiklinski to pass Resolution #07-13 to approved a proposed revision to current regulations regarding recurrent training. All voted in favor.

5 B. Investigation Committee: Committee Reports I. New Delhi Express 4/15/06 Bottom Strike. See Executive Session. II. Carnival Miracle 7/22/07 - Allision with Construction. Based on the attached report, Commissioner Dacey recommended that since the pilot did not have the conn the Commission issue him a letter of non-culpability and that after consultation with the U.S. Coastguard a letter be sent to all docking pilots advising them of the following 1) Remain on the bridge close to the Master ready to offer guidance and/or recommendations to assist the Master in safely docking/undocking the vessel and 2) Ask that it be logged into the Official Deck Log that the Master has the conn for the docking/undocking maneuvering of the vessel. A motion was made by Commissioner Daly and seconded by Commissioner Wiklinski to accept the recommendations. All voted in favor. III. Carnival Victory 8/2/07 Allision. Based on the attached report, Commissioner Dacey recommended that since the pilot did not have the conn the Commission issue him a letter of non-culpability and that after consultation with the U.S. Coastguard a letter be sent to all docking pilots advising them of the following 1) Remain on the bridge close to the Master ready to offer guidance and/or recommendations to assist the Master in safely docking/undocking the vessel and 2) Ask that it be logged into the Official Deck Log that the Master has the conn for the docking/undocking maneuvering of the vessel. A motion was made by Commissioner Daly and seconded by Commissioner Wiklinski to accept the recommendations. All voted in favor. WHEREAS, the Open Public Meetings Act provides that a public body such as The New Jersey Maritime Pilot and Docking Pilot Commission may meet in closed session to discuss personnel and occurrence investigation matters. WHEREAS, the Commission desires to retire to closed session to discuss such matters. NOW THEREFORE, be it resolved that the Commission shall at this time meet in closed session to discuss such matters the

6 substance of the closed session would be disclosed publicly only if it would not warrant an invasion of privacy. A motion was made by Commissioner Daly and seconded by Commissioner Wiklinski the Commission went into Executive Session. All voted in favor. Return to Public Session A motion was made by Commissioner Amster and seconded by Commissioner Wiklinski that the Commission return to Public Session. All voted in favor. A motion was made by Commissioner Amster and seconded by Commissioner Wiklinski that Captain Daniel C. Boylan be upgraded to a pilot of the Third Grade effective November 1, All voted in favor. A motion was made by Commissioner Amster and seconded by Commissioner Wiklinski to adopt recommendation #6 of the New Delhi incident report. All voted in favor. Mr. Licata was directed to send a letter to Captain Bates with a copy of the report advising him to appear at the November 20, 2007 meeting for a hearing. Mr. Licata will make arrangements to have a court reporter present. Adjournment A motion was made by Commissioner Daly and seconded by Commissioner Wiklinski that the meeting be adjourned. All voted in favor.

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