Harwch Waterways Commission Meeting
January 16, 2001
Minutes
Members Present:
Mike Cienava, Bill Meyers, Charlie Beggs, Bob Pistel, Lee Scarbrough, Alan McMullenOthers: Ted Barrett, Tom Leach, Ron Salnier
Agenda: Meeting basically for discussion and recommendation of dockage rates for 2001.
Call to Order: Mike Cienava called the meeting to order at 5 PM and asked approval of minutes of November 30, 2000. Voted unanimously.
Letter from Joseph Carter
Chairman read a letter from Joseph Carter, which clarified the conditions of his dock on Saquatucket Harbor. Apparently the newspaper had misconstrued information reported in an article that appeared about the proposal for a dock across the channel. Joe Carter wanted to get on record the true conditions surrounding the approval of his permit so nothing would be left up to interpretation.
Plan for Gangway and Float
The chairman passed around a preliminary plan for discussion from Charles Murphy, 15 North Road on Herring River for the addition to his Chapter 91 License for a gangway and docking float to be added to the existing pier. Plan also shows the proposal for a revetment of the embankment with stone at the location.
The float is 8'x14' smaller than the allowable 200 sq.ft., under the by-law. Just 2.5 feet of water at the end of the float also permissible under by-law. Because it is up river from the route 28 bridge and out of the traffic of the river, it is not a big issue, although the plan does not specify the distance to the opposite bank nor width of the deepwater cahnnel. Further, it is within the forbidden area for shellfishing and so shellfish bed issues are moot.
Rate Proposal
The Harbormaster presented the commissioners with a rate sheet, survey data from surrounding Cape marinas, Wharf Receipts vs. Expenses which included graphs showing a proposed dive in profit if in fact there was no rate change voted in 2001. This based upon increasing budget, utilities and wages to operate the marina. The Harbormaster is seeking to make the clerk a fulltime position which is supported by this Commission.
The discussion for rate change surrounded more about not why but how. Alan McMullen indicated he understood the need for the Town to consider the rate increases if we are ever to afford waterways improvements. In addition to a list of the Town's major proposals in front of it is the improvement dredging needed for Allen Harbor. This will be a very expensive future fix which we will share with the State. Other expenses are climbing as well including the needed full-time clerk, much higher utility bills and a required $15,000 merchandizing duty all in the FY02 budget to cover Mastercard/Visa tariffs.
Ted Barrett remarked that the Town should get nearer to market value perhaps even doubling the dockage rate if need be to get closer to the private sector the reasonable rates are keeping the slips from turning over to the extensive waiting list. All marinas charge by the lineal foot, however, Harwich charges by the square foot something that the Waterways Commission decided years because of equitability, you get exactly what you pay for. With the exception of slip minimums Harwich charges about $57 a foot for the average size thirty footer at this time. This is below all marinas listed with the exception of Sesuit Harbor currently at $50/ft for residents and $57/ft non-residents. Saquatucket is open to all on equal terms and we have never charged a differential.
Much discussion ensued surrounding a comment made by Selectmen Hughes at an earlier meeting of Selectmen when they heard our annual report, that we should be looking at what other towns are charging and not necessarily our expenses. Not withstanding regulations of Proposition 2 1/2, we can take everything within the Waterways purview, articles, salaries, budget, bonds to mark against dockage and mooring rates.
For discussion purposes the chairman suggested the board consider setting rate increases at 10% for recreational and charter boats; 8% for passenger carrying vessels with D permits and 5% for commercial fishermen. Charlie Beggs said that he believes this application should be in rounded rates further that commercial rates should run parallel with recreation rates but at a $1 less not following the 10:8:5 suggestion. He then made the motion (seconded by Bob Pistel) to effectively make rates for seasonal and charter boats $5.75/sq.ft.; year-round commercial groundfishing boats (A permits) $4.75/sq.ft; Year-round paid passenger carrying vessels above six-passenger capacity (D permits) $5.50/sq.ft.. Voted unanimously.
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The commissioners also agreed to set the other fees within the fee schedule generally at the 10% increase level. Accordingly, the members went through the entire schedule line by line adjusting all. |
There were a few exceptions: raising the tuna buyer fee from $300 to $350 and $120 for additional trucks; doubling the Class D passenger Permit to $2/passenger. The copy of the entire rate schedule being recommended is included with these minutes.
Other
The chairman thought it prudent that the commissioners be brought up to speed on a recent conversation of the harbormaster with Bill Kavanuagh of the Army Corps of Engineers relative to conditions for the operation of the marina. That it be open to all on equal terms. The Corps is apparently researching whether the Towns tenure of waivers for local boats from the $500 Tuna fee is in keeping with the spirit of the Corps / Harwich agreements from 1966 on the operation of the harbor. This might jeopardize the dredging status that we enjoy with the federal government. We have heard nothing yet in writing. Ted Barrett advised that since conditions of operation and expectations for the harbor have changed over the years that perhaps the Town could renegotiate its agreement of operation with the Army Corps.
Next Meeting
The chairman set the next meeting of the commission for February 20, 2001 at 5 PM at the Town Offices. That meeting will deal with clarification of definitions and qualifications for eligibility for permits.
Adjournment
The Commission adjourned at 6:35 PM.
Harwich Waterways Meeting
November 30, 2000
Minutes
Members Present
: Mike Cienava, Bill Meyers, Charlie Beggs, Bob Pistel, Lee ScarbroughOthers:
Ted Barrett, Fred Bennett, Peter Luddy, Greg Tomasian, Tom Leach, Jim Stintson, Paul DonovanAgenda:
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.
Recommend Reassignment Put on Hold
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.