Waterways Commission Meeting

                                                     Harwich, Massachusetts

                                                     Meeting June 18, 2002

                                                   (Town Hall Library Room)

                                                            MINUTES

Members Present:  Matt Hart,(Chairman) Charles Beggs, Paul Donovan, Alan McMullen

         and Fred Clancy

 

Members Absent: Eric Weiner and John Lee Scarbrough

 

Other Attendees: Tom Leach (Harbor Master), John Adams (Harwich Port) and Bill Galvin (Reporter) were at the meeting. Selectmen Bruce Gibson joined the meeting moments before the meeting was adjourned. There was an informal discussion by some individuals after the meeting was closed but no records were kept because it was not an actual meeting.

 

MEETING OPENED: at 7:00 PM by the Chairman

 

MINUTES READ: The minutes for the previous meeting (May 28,2002) were not completed yet and will be reviewed at the next Waterways Commission Meeting on July 16, 2002

 

NEW BUSINESS:
Conflict of Interest: The chairman, based on the letter sent to the Board of Selectmen by Commission Member Alan McMullen questioning the Conflict of Interest regulations and the letter to Mr. Hart from the Commonwealth of Massachusetts State Ethics Commission opened the discussion. He handed out copies of the Massachusetts General Laws, Chapter 268A- Conduct of Public Officials (Conflict of Interest Law). Next the chairman emphasized the specific sentence from the law: “If the business or relationship involves a financial transaction, he/she shall abstain from voting on and discussing any motion or resolution of the Board of Directors relating thereto.” , as had been recommended by the State Ethics Commission. The letter received by the Selectmen’s office on June 5, 2002 from Mr. McMullen and the letter dated June 6, 2002 from State Ethics Board along with the Conflict of Interest hand-out that was distributed to the members on the Waterways Commission and attendees at this meeting are now attached to the file copy of these minutes.

Board of Selectmen Waterways Decisions May 28, 2002:

  • Division of Charter (6 or less passengers) and (More than 6 passengers) into two separate Waiting List was APPROVED.
  • Converting a Recreational Slip into a Commercial Slip had been previously decided at a previous Selectmen’s Meeting DISAPPROVED.
  • Removal of Wychmere Storm Drain Equipment and expansion of Parking Lot was

    Restricting the number of Town Slips/Mooring Assignments: The Chairman mentioned that the next item on the agenda was about the potential of limiting the number of Town slips and individual or corporation could be assigned but do to the make up of the Water ways Commission attendees the discussion was not continued due to potential conflict of interest problems. The matter will be forwarded to the Board of Selectmen for their discussions.

    Limiting Age of individuals on Slip/Mooring List: Due to a potential conflict of interest, the Chairman will forward the matter to the Board of Selectmen for their discussion.

    Definition of Ground Fish Permit:  The initial discussion about the definition of a State and/or Federal of a “Ground Fisherman” as it pertains to slip and permit assignments at Town of Harwich facilities was discussed. After a short time it was suggested that the discussion needed

    more background so it was decided to gather the information and continue the discussion at the next meeting.

    Dredging and Allen Harbor Bulkhead: Dredging Plans and initial engineering plans for an Allen Harbor Bulkhead were discussed. Alan M. wanted to establish a long term plan to include all harbor projects. It was decided that the Harbor Master would gather the information for a more detailed discussion at the next scheduled meeting.

    Fred Clancy made a motion, which was seconded by Charles Biggs to request that the Board of Selectmen request the Town Engineer to look at the potential of a new Bulkhead/Parking and New Boat Slips on town owned property at the Allen Harbor marina. The motion unamiously past.

    Temporary Slip Rentals and Assignments: The next area of discussion was about the proper rules and regulations about temporary slip rentals and assignments. There was some difference of opinion about the length of stay and who was eligible. Because the specific documents were not available it was decided to continue the discussion at the next scheduled meeting when the information would be available.

    Charter Boat (6 Pack) vehicle parking when a slip is transferred: Since this involved an obvious conflict of interest to the majority of the Waterways Commission, the Chairman will bring the matter to the Board of Selectmen for their discussion.

    Harwich Boat Users Permit: The Chairman asked that the members consider the options of the Town of Harwich having a Boat User Permit, like other Cape Towns and be prepared to discuss these options and ideas at the next scheduled meeting.

    Status of New Allen Harbor Courtesy Float: The Harbor Master indicated that a RFP for the float had been completed and that the information had been distributed to interested parties.

    Waterways Commission Budget for Recording and Transcribing the Meeting Minutes:

    The Chairman requested that the Commission consider requesting a $3,000.00 yearly budget from the Board of Selectmen to cover the requirements and expenses to properly take and print the scheduled meetings.

     

    A Mr. John Adams from Harwich Port was very concerned that Public Meetings and Recording of Minutes were not being taken or completed correctly. He wanted to emphasize that the minutes were the only legal record of a meeting taking place and that all information and discussions that transpire during that meeting need to be reflected accurately in those minutes.

     

    Fred Clancy made a motion to request that $3000.00 per year be appropriated by the Board of Selectmen for the purpose of recording and typing the minutes of the Waterways Commission. The motion was seconded by Alan M. and the vote was unanimously in favor of the motion.

    Letters: A letter dated April 30, 2002, from the Law Office of Singer & Singer requesting that any discussions/hearings or meetings about property owned by Lisa Pedicini at 633 Main Street Harwich and or David Davis include sending a notice to their office.

     

    A letter dated May 13, 2002 from William F. Seiler requested that he be placed on the waiting list for a “C” fueling permit when they become available. Mr. Seiler presently has a recreational slip at Saquatucket Harbor.

    OLD BUSINESS: The scheduled Old Business regarding the review and evaluation of the four remaining Slip/Permit applications were delayed until the next scheduled meeting because the Commonwealth of Massachusetts documentation has not yet been received by the applicants.

    ADJOURNMENT: 9:00 PM

    Next Meeting Scheduled for Tuesday July 16, 2002, 7:00 PM