Members Present: Mike Cienava, Charlie Beggs, Alan McMullen, Eric Winer, Fred Clancy

Excused: Lee Scarbrough (at Atlantic Challenge)

Others: Ted Barrett, Cyd Zeigler, Jack Walsh, others.

Call to Order: Mike Cienava called the meeting to order at 1710.

No written minutes available from the last meeting. That meeting was used to layout a plan for presentation of a change in the charter permits which was held by the Board of Selectmen on Monday, September 17^th.

At that meeting the Selectmen tabled the proposal until questions could be answered.

Mike tried to answer questions pondered by the Selectmen. He called it an information gathering session.

How many C permits are there?

Tom explained that there were 11 C-Permits given one more than the ten arranged for in the Harbor management plan. The Harbormaster said the CIRCE had been an immediate oversight on his part when the original C-Permit plan was formulated. C permit vessels must have a permanent berth or mooring in Harwich to qualify.

How many persons will be hurt by the proposed minimum 30 charters per season requirement?

Apparently, two boats which take fewer than 20 daily charters. These seem to be the SHANTI and PAULY V. Fred Spencer says the PAULY V's insurance policy limits him to no more than 20 charters.

How will this be enforced?

The Harbormaster would have to require the owners to make the claim and identify the number of charters given at the endof the charter season, say October 31^st. If the claim was fewer than 30 charters then the permit, which needs to be renewed annually, would not be offered and the problem would be presented to the Board of Selectmen who might decide to sent a letter. The appeal would be through the BOS which is the issuer of the charter permits. The chairman suggested here a show cause order.

What would happen to the forfeited or returned permits?

Good question as forfeited C-permits from vessels in Town slips would constitute a change of sue of the berth to recreational. However, the BOS voted not to allow a change of use of the berths any longer. So perhaps this would mean loss of slip? This would also mean the end of bargain fueling be tank wagon for these vessels.

Fred Clancy said that SHANTI never had a permanent berth at the yacht club and asked why he qualified for a C-permit. The Harbormaster said, at the time when the permit was issued Tom Birch did have a permanent berth at the Yacht Club. Not sure what has happened since but now it appears the SHANTI is without a permanent home and is bouncing from berth to berth at the yacht club and at times Allen Harbor dock, and when in Chris Ripa's slip. Mr. Birch has been paying the visitor rates to the Town of Harwich.

Alan McMullen said that people starting in a charter business may not get 30 days business. That he thinks maybe we should make it 20 charters per year. If this use is questionable he suggested the Commission could hold a show cause hearing. Tom Leach suggested that the captain could use his logbook and canceled checks as reference to justify this record and number. Some discussion surrounding this point.

Mike Ceinava, Chairman said that a certified letter be sent to Fred Spencer requesting that he must do at least 30 charters per year to maintain the permit, otherwise he will have to end chartering privileges or forfeit the permit. There should be no exceptions on this point.

The chairman also explained that he had been approached by Bill Seiler who admitted that he has been taking out occasional charters right along onboard the JULIE, usually business acquaintances. He is demanding he be assigned a charter C permit to legitimize this activity. The chairman said that this would be a conversion of use of the berth. A vote was taken that the Harbormaster should send a letter immediately ordering him to cease and desist from taking any charters.

Eric Winer made a motion that was seconded that the Town create a new category of permit for moored vessels outside the town docks or boats at private boatyards called the F permit. The F permit will be for charter vessels carrying up to six passengers and must operate 20 days per year minimum. Another waiting List would be created. Alan McMullen stated the idea would resolve the confusion of what to with the permits that are forfeited but can only go to people that have an outside berth or mooring based on the proposed F waiting list. An example would be if Fred Clancy retired and gave up his charter permit who would get it? Answer: Someone at the top of the F waiting list with an existing permanent mooring or private berth. So voted unanimously as Alan McMullen abstained from voting after Selectmen Zeigler called his participation in the discussion into question.)

Fred Clancy wanted to consider a motion taking the C-permits away from the sailboats as he sees them as needed fuel permits. Tom Leach explained that the Board of Selectmen tie the issuance of Charter permits to parking needs as much as anything and this is why the sailboats doing charters are required to have special use permits. This is also why the Harbormaster enforces against trailered in boats doing charters from the boat ramps. Selectmen Cyd Zeigler wondered how this could be enforced. The Harbormaster stated enforcement is no different than that of enforcing against displacement vessels taking passengers. Use either a $50 fine under MGL or $100 fine under State Access Board CMR. Freeing up the C permits from sailboats doing charters and posting them to existing recreational berths would effectively mean a conversion of use and be in the face of those awaiting space on the Charter vessel waiting lists explained the Harbormaster. The motion was not seconded.

There are a total of 195 berths at Saquatucket Harbor we rent in whatever fashion. In this number, 15 are assigned to commercial fishing vessels; 11 are assigned to Charter or passenger carrying boats; 10 are maintained as visitor berths; 159 are recreational berths.

Two peculiarities are: SABATICAL stays on as a full-time visitor with a Charter C permit taking up an extra recreational berth; ARLIE X holds an A-Permit even though he operates as a charter. Both situations were authorized through Town Hall action.

Town Engineer Joe Borgesi was working on an assessment of the Oyster Creek for the Board of Selectmen. Our condolences to Joe and his family as his father passed away recently. This has taken him off a lot of work for the time being.

Next Meeting

The next meeting will be 16 October 2001- 5 PM.

The meeting was adjourned at 6:25 PM.