Egg Harbor Rescinds Mooring Permits

The Egg Harbor Village Board terminated its agreement with Peninsula Shores Condominium Association that allowed nine boat moorings to the south of the public marina at a special meeting Monday morning, Nov. 30.

The decision was a direct response to Peninsula Shores request for a contested case hearing with the Department of Natural Resources (DNR) that was filed Nov. 12. Peninsula Shores claims that the DNR should not have permitted the marina as designed because two of the floating piers extend into Peninsula Shores water rights, impeding navigation, creating a safety hazard for users coming in and out of the marina, and obstructing the view from Peninsula Shores.

Egg Harbor President Nancy Fisher said that by terminating the mooring permits, the village has eliminated the alleged navigation and safety impacts, though Fisher said the village does not believe the design would adversely impact either.

There are nine mooring permits under the jurisdiction of Peninsula Shores. John Moravec owns one of them and urged the village not to rescind the permit.

“Like all mooring holders we’re strong supporters of the marina,” he said, reminding the board that mooring holders were repeatedly told that the marina would have no impact on the moorings. He said he understood why the village felt provoked into the action, but he thought that it was unnecessary and of no direct benefit to the village. He and fellow mooring holder Rich Dirks urged the village to pursue other remedies.

“The pier is not a danger to the moored boats,” Moravec insisted.

“Please take into consideration those of us who have been mooring holders for many years,” said Dirks, who has owned a mooring since 1981. Dirks and Moravec are not Peninsula Shores owners.

Fisher expressed her sympathy to the mooring owners but said the village “must meet every challenge to the municipal marina project.” The village moved to avoid any further delays to the project, which they are pressing to have completed in time for the 2010 boating season.

“This is very unfortunate,” said trustee Mike Fitzgerald, “but you need to take a look at where this petition originated. We’re in a box.”

Steve Schaefer, President of the condominium association, had no comment except to say that “it’s unfortunate that the current mooring owners are caught in the middle of this dispute.”

The board passed two resolutions rescinding the mooring agreement 4 – 0. Trustee Chris Anderson was absent.

Administrator Josh Van Lieshout said the village would consider offering slips to displaced mooring owners. Dirks asked the board to consider reversing the decision if it is determined that there are no navigation or safety issues.

The DNR will decide whether to accept the request for a contested case hearing by Dec. 12.