November 30, 2000

Members Present: Mike Cienava, Bill Meyers, Charlie Beggs, Bob Pistel, Lee Scarbrough

Others: Ted Barrett, Fred Bennett, Peter Luddy, Greg Tomasian, Tom Leach, Jim Stintson, Paul Donovan

Agenda: This is a continuation of the November 9th Meeting which was about Harry Hunt Jr. Appeal.

Selectmen Luddy says he will have Selectmen vote Passage of Fishing Berths

Peter Luddy said that he wanted to see the town change the no pass-down rule for boat slips to commercial fishermen solely. This means that in the event of a fishermen and his wife/husband passing away a son or daughter only could take over the fishing boat slip as long as they stayed in the fishing business. This would resolve the issue with Harry Hunt. Tom Leach said this Harry Hunt thing was the "tip of the iceberg", i.e.. the first commercial challenge to the "no-transfer" dockage regulation # 2 d.. We can expect many disappointed fishing families and challenges from the commercial side as this goes on. This regulation had its roots in helping the public waiting list be served. If no slips open through attrition then it is likely the waiting list will be completely stalled out. Capt. Fred Bennett said he is nearing retirement and would be very interested in having the slip and boat go to his son if he were to leave this earth. Capt. Gregg Tomasian told the commissioners he believes that people that have invested their lives and family welfare into operating from the Town Docks and that there should be consideration for continuity.

Mike Cienava reminded the commission that they had in 1998 recommended to selectmen a change in regulations to allow "all commercial berths to be passed to a surviving son or daughter". It was the Board of Selectmen who did not accept this amendment to the Dockage Regulations. There was much discussion with no one sounding in opposition to doing something to benefit the transfer of any commercial slip to a surviving son or daughter, although Mr. Luddy was very strong on the point that this should be restricted to commercial berths only. Tom Leach said there were 44 commercial berths out of 215 berths the town owns (something more than 20%) and that as Harbormaster it is his duty to uphold regulations on the books (which end the transfer of berths with the surviving spouse that is why the waterways commission over-ruled an earlier appeal from Harry Hunt Jr. to preserve a berth at Wychmere Harbor ).

Responding to Selectmen Luddy, chairman Cienava said the Waterways already made a recommendation to the selectmen which was rejected in 1998 and now it was time to the Selectmen to hand down an alternative if they saw fit. Mr. Luddy seemed to agree but seemed to want the Waterways OK. Charlie Beggs made a motion "Commercial berths or moorings shall not transfer with the sale of any commercial vessel, however, commercial slips only and associated landing permits types A, C, E, D could be transferred to a surviving son/daughter." The commission voted to support this to the Board of Selectmen.

More succinctly, the commission recommended in 1998 the following language, which Selectmen Luddy might use in his presentation, if he wishes: "Individuals with commercial vessels can not transfer the Dockage Permit (the use of the Town slip) with the ownership of the vessel or business. In the event of death of the owner of a commercial vessel beyond the surviving spouse, this Commercial Dockage Permit may transfer to the next immediate blood relative (a son or daughter). " [How this alternate language would playout with step children might be challenged] Selectmen Luddy has made this his personal mission to take back to the Board of Selectmen which he said he will present initially at the next Board of Selectmen meeting.

Board of Selectmen Request Mooring Audit

Selectmen Peter Luddy said that the second item that he was at the commission for was following up a Board of Selectmen agenda item which had appointed him as a one man team to investigate, in his words, "what is wrong and right" about the mooring system in Harwich. When Q&A'd on what this meant he said he was interested in what sounded like a general audit of the mooring permit system though he did not express it that way. He did say that this was not a "witch hunt" and he was not doing this because of any direct complaint but had heard through the grape fine alleged "inconsistencies" whether this was about boat yards or the public mooring fields he was not sure. Mike Cienava made a motion that the Harbormaster should give Mr. Luddy a general report and records concerning the moored boats, however. it seemed a consensus that the Board of Selectmen really needs to be clearer about exactly what they need if we are to satisfy their inquiry and for what purpose.

The Commissioners also decided that Peter Taylor should be put on notice that this Harry Hunt thing is still unsettled and that the Harbormaster should not anticipate transferring his berth to Wychmere January 1st as planned (determined at an earlier meeting ). This will be subject to a decision by the Board of Selectmen regarding Selectmen Luddy's presentation.

Upholding Waiting List Policy

Regarding a letter from Charles Winans Jr. regarding a request to refund waiting list fees or credit toward mooring permit or dockage due to a default or failure to renew the waiting list in a timely manner. The Commission voted to deny the request and send a letter to Mr. Winans to the effect that the harbormasters office annually removes 150 or more people from the list after May 1st for failure to renew and the language is clear that fees collected before January 1, 2000 only shall be creditable toward a permanent berth. What he is suggesting would change the refund policy and open the town to hundreds of claims from those failing to renew through the years. He is welcome to get back on the list and money would be credited when a berth was issued. Also, in this regard Lee Scarbrough recommended that the waiting list form have huge print indicating the May 1st deadline.

Waiting list renewal forms are mailed out annually on or before January as a courtesy reminder that the deadline is May 1st. It is not a bill, if the person receives it or not (it goes to the last known address given by the applicant) a response is required on or before May 1st. Renewal forms can also be down loaded from the internet. Unlike a bill, (a bill is something you are required to pay and if you don't pay you owe) a waiting list fee is not (required to pay) unless you wish to continue.