Waterways
Commission Meeting
Meeting
(Brooks
Free Library Meeting Room)
Minutes
Members: Matt Hart, Charlie Beggs, Eric Winer, Alan
McMullen, Paul Donovan, Lee Scarborough,
Fred Clancy
Others: Tom Leach, William Seiler,
William Fielding
Open Meeting: Matt Hart at
Review of the Minutes
Eric
Winer made a motion to accept the 2-page minutes as written. Charles Beggs
seconded. Voted unanimously. Congratulations to new member Paul Donovan.
Old Business
Discussion, review and
resolution of reaming Dockage Permits
Matt
Hart had discussion points and the main
reason is Public Meaning on discussion points for renting public slips and use
of moorings. The chairman said as long as we find they’ve shown 51% ownership
we can’t ask for more. Charlie called the 51% ownership of vessel rule a “sham” if no money changes hands
with the old owner /partner to make give the pretext of the relationship
genuine. He called these efforts by willing dockage permit holders and boat
owners “scams”. Chairman Hart said the Selectmen feel if they are perpetuating
a scam then they should be ban. He said corporations must show canceled checks.
Eric
Winer asked how much does the Town needs to be involved in finding our this
information and where to draw the line that the Town or Waterways Commission
has gone too far? Charlie repeats that
he suspects scams that we should get to the bottom of each and that non-participation
in a business is a scam. Fred Clancy
says that falsifying a government document or Coast Guard vessel documentation
is fraud. Fred wants to know if 51% proof of ownership could be shown by
canceled check(s). Charlie says the CG-1340 form (Bill of Sale) does not show
ownership of a corporation, it only shows the name of the Corporation as the
owner. The chairman said as long as we
find they’ve shown 51% ownership we can’t ask for more.
The
chairman said there is no way we can send a police force to examine everyone’s
documents down there. Fred Clancy said we’ve been ignoring information guy’s on
the dock have been telling us and is making our credibility a laughing stock.
Fred said we’ve now put “teeth” in our policy and if we surmise a problem we
should follow-up. Fred thinks we should have legal advice about how far we can
go in the “show-cause” hearing.
The
chairman asked the Harbormaster how we would know. Tom Leach said the CG-1340
filed with the Coast Guard changes the document information and the information
on the Title Abstract. Customers in question should ultimately be asked to
provide Title Abstract as proof however in the case of corporations this would
still cite the Corporation not the individual. In this case you would have to
review corporate papers.
Fred
Clancy believes more intelligible information might be gained from the
certificate of insurance as the real or correct owner might be listed as the
first beneficiary. Fred thought we were requiring all boaters to submit
insurance information. Not so, only passenger carrying vessels need to file a
minimum level of insurance.
The
chairman said we are splitting hairs on this issue. Charlie says what would
prevent Alan McMullen FREEDOM ferry corporation owner could sell forward his
shares in the corporation to the someone like Scudder & Taylor. Lee
Scarbrough says that we should cancel anyone appearing to be playing a game
with us and say “see ya” if we have doubt in a show cause hearing. We have to
do this on a value basis, ask questions and find out.
Change of Commission Powers
Charter
change will come in section 14 of the Town Charter this will give Waterways as
a Commission the power to set regulations and make rule changes without going
to the Board of Selectmen (this was voted in 1995 but never made it into the
charter). No one put it in the early charter. Matt says it’s important both
politically and because of checks and balance of government to have the Board
of Selectmen get the final say on dockage rate setting. He wants to see
alternates to the commission appointed to pick up the slack where conflict of
interest shows or a quorum is lost. Charlie Beggs makes motion to take the
recommendation as written to the Charter Commission. The motion was seconded by
Paul Donovan. Voted Unanimously.
Paul
Donovan excused during discussion of D-Permit holders to avoid any possibility
of conflict. Matt was asked by Cyd Zeigler to formalize Charles Beggs made a
motion that we split the waiting list for passenger carrying berths in two
leaving the 6 passenger interests on one list and moving the greater than
six-pack licenses or interests to another new list for assignment to berths
requiring D permits. Seconded by Eric Winer. Voted unanimously.
Waterways User Fee for individual Boats
Matt
Hart told the committee about a previous meeting he had with the Town
Administrator and Selectman Luddy in discussing an earlier idea for revenue
from the Waterways Commission. What was being proposed was a possible win-win
for the Town as the Assessing Department has been in the weeds with software
clichés and boating excise collection. This is now going on four years. The chairman was considering that the Harbormaster
with enough staff could generate all boat user info. This would come from a
proposed boat user waterways fee which would be applied against any boat
throughout town whether on a private dock or marina or town berth or mooring.
Information gathering from the Waterways use fee would enable an accurate
excise tax collection due to a far smaller number of boats getting through
cracks. Essentially, the harbormasters computer records would drive excise tax
billing.
Matt
Hart explained that the Selectmen are not in favor of adding costs in spite of
what seemed a mandate from Town Administrator for Departments to consider
additional user fees to offset mounting town addition expenses caused by new
Community Center and other infrastructure.
Eric
Winer said
The
Harbormaster explained that only commercial fishing vessels are subject to a
reduced excise tax rate of 1/3 the full rate.
Matt
Hart described the problem as frustrating. He said Ted Barrett (Fincom) came to
the waterways Commission saying they wanted to do these things and get revenue
up. However, when we proposed some sound revenue ideas we get turned down.
Change in Waiting List
Policy – Burning some dead wood.
The
commissioners discussed an idea that any person on the waiting list being
offered a spot can pass only two times. This would help reduce the dead wood on the
top of each list which is becoming a growing annual problem with for sales.
After a discussion where the Harbormaster explained the special burden caused
by people stalling the list to those below, Eric Winer made a motion that for
all waiting lists an applicant can make only two passes and must take the berth
or mooring on the third try. Matt agrees says it does not look right when man
number 8 gets a berth off the list because what the reader doesn’t know is the
7 people ahead passed. Voted unanimously.
Increasing Commercial Slips
Some members of the Waterways
commission want to see an increase in commercial slips increased at the expense
of recreational berths, i.e., conversion of slips by proxy. Matt Hart stated
that this is not a reasonable plan and stalls a huge recreational waiting list.
In his words the mechanics of creating commercial space is one thing however,
fairness to the recreational boaters is another. Further, the Harbormaster said
that conversion is also contrary to a Board of Selectmen ruling that the
Harbormaster may no longer “convert” slips. If it is a recreational slip it
must stay recreational, if it is a commercial slip then it must stay
commercial.
A
motion was made by Mr. Beggs (seconded by Paul Donovan) to allow Harry Hunt Jr. to wait until another commercial
slip becomes available through attrition. Unanimously voted.
The
Chairman stated he believes this commercial issue can only be resolved by
creating new slip space including an idea that the Waterways Commission has had
in the past of developing deepwater bulkhead between the Allen Harbor Boat Ramp
and the property of Allen Harbor Marine Service.
Perhaps
there are other ideas. However, the Harbormaster points out we also need to be
attentive to creating additional Parking.
Dry Boat Storage
Under
the gun of the Board of Selectmen’s wish to increase alternative revenues the
commission considers winter storage of boats in the Town Parking Lot at
Saquatucket. Tom Leach said that seasonal long term storage of trailer rigs at
Lee
Scarbrough expressed his opinion that boat storage with shrink wrap is
unsightly and cannot vote for such a plan.
More
discussion was about who should or should not store? Can this get out of hand?
How will this meet the policy of open to all on equal terms if limits are set?
After more discussion it was voted 6-1
to support boat storage in the Saquatucket west lot initially for Town berthed
vessels only. Further, the town could explore increasing this after a one year
trial run was discussed but not voted.
Recommendations for
Resolution of Slip/Permit Applications
The
Commission took up the decision making on resolutions for various dockage
permit holders that were in question over boat ownership.
The
Commission voted to send letters stating their application had been approved
to:
Willard
Nickerson d/b/a
Three Graces Corp.
David
Burke
Alan
McMullen d/b/a Freedom Cruise Line
Clement Kacergis d/b/a Yankee Fishing Corp.
Thomas
Traina d/b/a Trainas
Inc.
Donald
Incutto
John
Kelly
Ralph Tomasian d/b/a Sea Bag Fisheries Inc.
The
Commission voted to send a letter stating that the completed copy of new Title
Abstract is required and USCG Documentation is needed to the following berth
holders:
Michael
Fusco
Richard
Tavano
Michael
Rubin
Joseph
Carter
The
Commission voted to send a letter stating that more is needed including the
copy of new Mass Title
and state registration is needed to the following berth holders
indicating ownership of the dockage permit holder assignee:
Leon
Pisani
Greg
Winston
The
following have been tabled for show cause and need to be sent a letter so
indicating requesting compliance within one-year:
J.R.Fennell
The
Commission voted to table the discussion of the disposition of the following
vessels for at least one year.
Robert
Hill as part of the Point After Trust
The
Commission voted to hold off action on the following vessels for pending future
documentation:
Gary
Slate
Louie
Berube
Secretary Need
Tom
Leach made the point that a permanent secretary is needed and the Commission
should seek advice from the Board of Selectmen about this matter.
Next Meeting
The
Chairman set the next meeting of the Waterways Commission for May 21st
at
Adjournment
The Waterways Commission
adjourned at
TEL/tel