Meeting February 26, 2002

Members: Mike Cienava (Chairman), Charlie Beggs, Eric Winer, Alan McMullen, Lee Scarbrough,

Others: Tom Leach (Harbormaster), Paul Donovan, Ted Barrett (Finance Committee representative), Mark Burgess (Coastal Engineering Inc.), Wayne Melville (Town Administrator)

Open Meeting: Mike Cienava declared meeting open at 5:10 P.M.

Acceptance of Minutes: The chairman asked for a motion to accept the minutes. Charlie Beggs made a motion seconded by Lee Scarbrough the minutes of the February 12, 2002 meeting are accepted as printed. So voted unanimously.

Bob Bogardus who has come forward as a partner with Mr. Pisani a dockage permit holder at Saquatucket Harbor appears before the Commission requesting show cause for continuing a dockage permit in 2002.

Mike Cienava stated that he does not think that this discussion should take place at this time because the Waterways Commission has not yet come up with a format for how these show-cause hearings should take place. Instead he welcomed Mr. Bogardus to make comments that this might help the Commissioners understand this situation (that this might be a typical one), so he was welcome to proceed in this light. The chairman also said that he wants an accurate account in writing of all that is said at these show cause hearings. He added the members must be careful not to show any favoritism in handling these in anyway, we are not trying this case by case but letting the evidence speak.

Mr. Bogardus then presented documents showing a change in the registration recently putting the boat in Leon Pisani’s name as the Harwich Dockage Permit holder, while at the same time the title reflects both persons. Originally the boat was in Bogardus name. This was done last week. The bill of sale and sales tax indicate both parties and buying the boat in 1985. Mr. Bogardus said the change of ownership to satisfy Harwich would effect his mooring status in Chatham where he holds a mooring permit near his South Chatham home for this same boat. He told the commission that he is an elected official in his hometown of Wrentham where he also serves on the Board of Health.

His concern along with Mr. Pisani is that Harwich is saying that no longer can two buddies own a boat together, something which both the State and Federal governments acknowledge. This seems un-American in their minds. He told how his family and the Pisanis had raised their kids together in Wrentham and by pooling resources was able to afford a boat together. This sharing continued into this second boat purchased by the families partnership and is why it was named "2^nd OUR". He said that Leon had the dockage permit at Saquatucket as he was the one who put his name on the waiting list that fateful day way back when but it could just have easily been his name. Further, they had shared expenses of ownership throughout and made it their point to indicate both names to the Harbormaster in these records always.

The boat was registered in Bogardus name but several years ago the Harbormaster contacted Pisani to say that he had checked the registration and found Bogardus name not his. They proved to the satisfaction of the Harbormaster the Bogardus ownership by a new title dated 02-Dec-1990 showing both names. Now that the Town needs a 100% ownership of state registered boats they are trying to satisfy the 51%-49% with a show cause. Alan McMullen said he felt that the documents presented would be satisfactory enough in his mind to satisfy the show-cause. Eric Winer said he was concerned about these partnerships and what they represented for the future. He said he himself co-owns a boat docked in Barnstable. Lee Scarbrough thought that this might provide an avenue for shares and dockage permits to be handed along through future owner-partnerships. Alan McMullen thought not so, if a 51%/49% or greater relationship between owner/ dockage permit holder / owner(s) is maintained. Mr. Bogardus said that he completely understands that if something should happen to Mr. Pisani he would be gone (lose his slip chances).

Alan McMullen told of a technicality where it comes to boats as his own M/V Freedom which is incorporated on the Dockage Permit Application where it says owner he would put "Freedom Cruise Line, Inc.". Wayne Melville said that this is exactly what the Town does not want. He said the dockage permit must remain always in the name of the individual that got the spot in the first place from the waiting list even if his ownership or corporation was complete (100%).

The Harbormaster pointed out the new Dockage Permit Application form has enough questions to uncover other owners or partners and must be signed "under penalty of perjury". Tom Leach said he would like another line included indicating the true Dockage Permit holders name so as there would be no confusion who this person really is, what with people potentially slipping in partners, spouses or the name of a child. The Town Administrator said this might be a source of trouble and confusion as far as he was concerned the owner and dockage permit holder is the same person or should be synonymous.

Ted Barrett believes that there should be allowance for partners to join the waiting list from the start. But Tom Leach said how to keep track of this when keeping track of a single name difficult enough. He said he has even had trouble with dealing with Dockage Permits over marriage partnerships that have split up and each spouse declaring the permit was theirs. This idea did not seem popular with the commissioners.

The Chairman asked whether a sub-committee of two should be formed to review the pile of ownership reports and answer back to the commission at a future meeting. Mike Cienava invited Charlie Begg’s to chair such a committee. Meanwhile, Tom Leach said that he thought the checklist provided each owner in question was adequate enough and clear along with the original letter sent out. Mike said the next meeting would be spent going over the filings.

Wayne Melville described how he thought "show-cause" hearings were really about why something should not be denied, not why something should be accepted. In any case, it is clear people are out there successfully reinventing themselves within the framework of our registration/documentation system to satisfy the conditions.

The chairman said he could not see why Greg Tomasion’s name is so in the press over this matter like he is the only person being called out. Paul Donovan answered that question succinctly saying back when he told Gregg he should not call attention to his SEA BAG ownership issue at the Selectmen’s Meeting because that immediately opened him and his predicament up to the press. He said he was wrong then and he knew it.

For the second time in as many weeks, Mark Burgess of Coastal Engineering Inc. has returned with a revised plan of the Kenneth Welling’s dock at 4 Fiddler’s Landing on Allen Harbor. As an aid to understanding the extent of the proposal Mr. Burgess had placed a small orange buoy in the water indicating the outboard side of the proposed position for the new float. During the day the members had a chance to see the float very close to the outboard existing piling.

Mr. Burgess said the float will be where the existing pile is which means this piling gets relocated. The float position will be 90 degrees to its current attitude facing long-ways north-south. The whole operation appears nearer to the shoreline than on the previous plan. The boat said to be a 35’er will stick out about 6’ further into the harbor when tied up along the new float according to Mr. Burgess. A new aluminum gangway of 25’ would replace the current 16’ ramp.

Lee Scarbrough made a motion to allow the Welling’s to relocate the float and extend a longer gangway, relocate certain piles as indicated and allow lateral movement of the float up to the 65’ offset indicated on the plan dated February 26, 2002. Eric Winer seconded the motion.

Discussion: Charlie Beggs says that as far as he was concerned Mr. Welling does not have a waterways license to arrange the dock in a new location which in his opinion is what is going on in this case. The 1970 permit shows the shoreline MHW mark ten-foot landward. Does he really have a permit to shift the dock and do all this? The plan shows the MHW at the first bent out in 1970. Today the shoreline MHW mark is at the second bent. This effects the 80’ of the dock licensed but does a license allow a shift? This would set a precedent according to Charlie Beggs.

The chairman asked for a vote on the motion and the motion carried 4-1.

Alan McMullen and Mike Cienava brought up some old business about a letter that had been given to the Board of Selectmen last year to leverage another commercial boat slip from the recreational group. This had to do with a loss of a commercial berth when the F/V Miss Julie berth at Wychmere Town Pier was voted by the Waterways Commission to become full time offloading spot. The Town Administrator said that he would be willing to again put the item on the Selectmen’s agenda.

The next meeting of the Waterways Commission will be on Tuesday March 5^th at 5PM in Town Hall.

The meeting adjourned at 6:30 PM