Residents say boating hours plan is all wet

By CHRIS CONROY

BETHEL — With spring in the air, the issue of Bethel’s boating law has resurfaced once again.

At the May 10 Bethel Town Board meeting, the board opened the public hearing for “Local Law #1 of 2001: Boating and Watercraft,” a revision of last year’s approved local law that was quickly taken into litigation by one of the town’s rental businesses.

When it was challenged last year, the boating and watercraft law had earned the ire of rental businesses like Gene’s Boats and Payne’s Rentals (the two boat and personal watercraft renters on the lake) through four main points: the amount of insurance required, the amount of fees to be paid, issues over whether the town actually had the right to enact the law and the length of the hours of operation.

“We were trying to make everyone happy,” said Bethel Supervisor Allan Scott, “and avoid full-blown litigation.”

In order to do that, the town conceded to business request to lengthen operating hours. As it had previously been enacted, the law called for all rentals to cease at 5:00 p.m. and for all rental traffic to be off the lake by 6:00 p.m. As it was proposed at the meeting, Local Law #1 would allow an extra two hours of operation, requiring rentals to cease at 7:00 p.m. and for rental traffic to be off the lake by 8:00 p.m.

The public reaction to that change had all the charm of a storm squall.

“Local homeowners and fishermen need time to use the lake,” said lakeside resident Vicki Vassmer-Simpson. “Locals and boat owners use the lake from 6:00 to 8:00 p.m.”

Maura Stone, a long time resident and boat owner, said that she can not use her boat, a restored White Lake original. “My boat becomes a target,” she said.

“I run for shore before the rentals come out,” said Paul Silver, another lakeside resident. “Most of the lake is surrounded by homeowners,” he pointed out, asking why so many should be inconvenienced for the benefit of the two businesses.

Other issues, including concerns about increased noise levels, water pollution and serious safety concerns were raised by other residents. Many of the same arguments had come up during last year’s heated discussions.

When the hearing was over, the board discussed its open courses of action. If the hours were changed back, they would most likely have to return to court. If not, Scott said, the board would be going against the will of the people. In the end, the hours were reverted to the earlier times and the law was passed.

“It was obvious that people would appreciate it if [rental] activity on the lake was curtailed by 6:00 p.m.,” Scott said.

Through it all, representatives from Gene’s and Payne’s sat quietly in the audience.

“I didn’t speak up,” said Jules Lizner of Gene’s boats, “because I’m being represented by a lawyer.” It was Lizner who had pressed suit against the town after the last law was approved. “I don’t know how they could [change the time]… it was decided by the Sullivan County Supreme Court.”

Of the safety issues raised by the public, Lizner said, “We keep it as safe as possible.” The only fatal accident that he knows of on White Lake that involved a rental boat took place in the 1960’s. That accident was caused by people horsing around, he said. “Since then there have been no fatalities and only one severe injury caused by rentals.”

“We are going to continue to negotiate,” Scott said. “This could become full-blown litigation.”

“I’m not interested in having no law,” Lizner said, “I’m interested in one that is equitable to my business.”