WATERWAYS MEETING MINUTES, February 11,1998

Members Present

Charles Beggs, Bill Myers, Robert Pistel, Alex Thomson (Chairman)

Others: Thomas Leach (acting secretary),

I lost my notes so the minutes are rebuilt from the ground up . Here is a vignette of what I remember of the meeting.

Old Business

SELECTMEN VETO RATE CHANGES

Notwithstanding the Waterways Commission recommendations the Board of Selectmen voted to hold off dockage rate increases to another year. Citing lack of need against an operation that seems to be operating soundly in the black, the need for the Harbormaster to move forward with getting out the 1998 applications out, and the information being in the hands of the Board since December, Selectmen Allin Thompson moved to hold rates at the February 2nd Rate Hearing.

This raises the concern of several Waterways members for the wisdom of why the 2-3% rate hike which was being recommended to keep pace with economy was defaulted. Dutifully, the Harbormaster presents a list of projects totaling $ 1,775,000, beyond normal maintenance, which need to be addressed somewhere in the future. That figure includes the current bond payoff on the 1997 piling replacement. The members agree that the Town needs to be addressing a solid portion of this in its users fees as a $184K net needs to be more convincing in the voting booth.

The Commissioners were unsure why the Board was finding the rate unpalatable but the Selectmen were clearly concerned for impact upon the commercial fishing industry at the hearing, a group which has always received exceptional treatment within the rate schedule.

The idea of developing a rate setting formulae for generating a fair and comprehensive rate based against inflation, expenses, capital project, and excise returns was discussed. Such a formulae would remove the political challenges which takes place annually and might relieve the Selectmen of this regular burden. Contrasting, the Board would have input over the rates using their influence on the development of the algebra. As Charles Beggs said "divide the whole mess by the number of rental square feet and hope for the best. If commercial space costs more to maintain skew it a little". Its food for thought and at least one selectmen already sees merit.

New Business

MOORING LIMITS

Recommendation would set standard The Waterways members acted upon a recommendation from the Harbormasters Office to set the allowance of mooring permits within any single harbor not to exceed two mooring permits per individual. This is to stop individuals from using the waiting list to grab as many spots as they choose to sign up and wait for. The members consider this action as vital to serving the public. This action does not effect boat yard operations.

The Commission acted on a the motion to recommend to the Board of Selectmen to add to the regulations in the Harbor Management Plan under "D. Mooring Assignments" a new regulation 11. to read:

Not more than two mooring permits in a mooring area may be assigned to an individual. So voted unanimously.

LIMITS OF CO-OWNERSHIP

Limit flexibility of Dockage Permit assignments

The Harbormaster reacting to a letter received from Freedom Cruise Lines recommended that it was about time the Waterways Commission addressed the flexibility of slip assignments both to individuals and businesses. As years have gone by it has become clear that the numbers of co-owned boats is growing in bounds. The Harbormaster believes that their are more than a dozen co-owned boats within the Dockage system.

The problems start when waiting lists are considered. The amount or percentage of co-ownership is very important as an individual is assigned to a vacant slip assignment from the top of the waiting list. The Dockage Permit is in the individuals name never in a corporation name, company or club name. The Harbormaster went along with co-ownership as it is clearly allowed on Mass Boat Title and Documentation forms, however, when it appears that the individual has as little equity in the vessel than a Dockage Permit in his\her name, the public waiting list may be getting duped.

The Commissioners discussed the issue carefully and weighed the definition of "owner" as it is applied in the "Dockage and Harbor Use Regulations" as meaning an individual by name and we should stick to that. An individual owner with title held by the Bank through a mortgage is not considered co-ownership with the Bank.

In regard to commercial vessels the Commissioners sided with policy, that individuals can not transfer the Dockage Permit (the use of the Town slip) with the ownership of the vessel or business. However they did feel that that with respect for fishermen and maritime businesses in the event of death of the owner of a commercial vessel , the Commercial Dockage Permit may transfer to the next immediate blood relative (a son or daughter), beyond the surviving spouse.

The Waterways Commissioners recommended that the individual named in the Dockage Permit must have the controlling share (51%) of the value of the vessel. In the case where there are three or more owners the Dockage Permit holder must have the largest share ,

In all cases, co-owned vessels must be identified to the Harbormaster and accountability of the value of this ownership must be demonstrated in writing as an attachment to the Dockage Permit Application. Failure to demonstrate adequate levels of ownership would be reason to invalidate the Dockage Permit.

The Commission acted on the motion to recommend the Board of Selectmen to add to the Dockage and Harbor Use Regulation 3. new sections (g) (h ):