Waterways Commission Meeting

Harwich, Massachusetts

Tuesday July 16, 2002

Town Hall Library Room

(REGULAR MEETING HELD THIRD TUESDAY EVERY MONTH)

MINUTES

Members Present: Matt Hart, (Chairman), Charles Beggs, Paul Donovan, Fred Clancy and Alan McMullen, Eric Winer

Members Absent: Lee Scarbrough

Members Excused: Paul Donovan

Other Attendees: Tom Leach, Harbor Master; Cyd Ziegler, Selectmen Rep.; Ted Barrett, Fincom Rep.

MEETING OPENED

Meeting was opened by Chairman Hart at 7:00 PM.

MINUTES READ

The minutes for the previous meeting held on June 18th were reviewed. Charles Beggs made a motion seconded by Alan McMullen to accept these minutes. The decision was unanimous. The minutes for the Waterways Meeting of May 28th (an abbreviated meeting) were not available but will be reviewed at the next meeting scheduled August 20^th.

NEW BUSINESS

On the Record - Ethics Question

Fred Clancy said he wanted it on record that he was upset about two recent articles (CCT 7/11/02 & Harwich Oracle) which appeared in the Cape newspapers. These stories talked about conflict. He said that this diatribe was a lot of nonsense and a personal slap in the face for several members of the Commission. He has seen no rebuttal of these articles and said the Chairman started the whole thing.

The chairman stated that the thing began after the Ethics Commission received a letter about conflicts of members that were in business in the harbors and acting on the Waterways Commission which could effect or affect business. Hart mentioned the liability caused recently by Commissioners in conflict with acting on the Bob Rice C-Permit as an example. He said the Ethics Commission says he is on solid ground. He said that if you are influencing that’s one thing but effecting family is an issue.

Alan McMullen agreed with Fred Clancy that there may be a conflict but you should be able to vote despite ethics. He understood that any member of a committee must register any conflicts with the Town Clerk before being appointed.

Cyd Zeigler in alignment of the newspaper article position argued that anyone who owns a C or D permit should not vote or maybe not even discuss any topics which effect business or its competition in a any manner that leads to an advantage your way.

MISCELLANEOUS

1. WWC budget request to record and transcribe Minutes. Ted Barrett said the Town needs to do this as soon as possible. This request should be through Town Administrator. Mr. Barrett also recommended that we meet with the Board of Selectmen and find out what with the collection of Boating Excise in Harwich. He also recommended that the proceeds from the excise tax should go to a special fund for harbor maintenance.

2. Engineering assistance for Allen Harbor Bulkhead. This plan to move forward seems to have common consent of commission. This was a previously voted and approved. This was just more discussion.

3. Yearly Boat Slip/Mooring fees to be set by Sept. 1. A policy proposal which may assist Harbormaster in getting all bills out early and improve development of slip assignments before the beginning of each the new season. The idea has consent of Commission but would require a public hearing or if not a regulation Town Meeting action.

4. Mailing Slip/Mooring Assignments/Waiting List by Nov. 1. This might not be practical as books would show two payments to waiting list in single annual year and could become a source of confusion. Harbormaster does not see the need to expedite this item.

5. Several members wanted to know about the status of the Tom Birch Charter Permit for SHANTI and/or any other similar circumstances with other permit holders. The harbormaster said that this has been obvious for sometime (over a year) that the vessel no longer complies with requirements of either being in port 8.5 months nor holding a permanent Mooring or Dockage Permit . SHANTI had been drifting between town slips and yacht club last year and sublet OCEAN LADY berth last year from the Town for an extended period. That spot is now being sublet by JENNIFER DAN and is no longer available to Mr. Birch. The commissioners agreed that it was time that the Harbormaster write Mr. Birch and retract the permit or ask that he request a show cause hearing as to why the SHANTI should continue with a charter license. Some members believe that Mr. Birch only kept the permit for the convenience of fueling and actually can show little passenger carrying activity from 2001.

6. Public Hearing about 2 Slip/Mooring per Individual/Corp. This idea proposed by the Harbormaster from pressure from public to help spread the available slips to as many families as possible and not give a person spamming the list the chance to capture multiple slips. Alan McMullen asked how the people that had developed a waiting list credit after years would be compensated if they could not take additional berths and wondered if this would create a legal question over how these people may be treated that would be disallowed from the list. Cyd Zeigler said the expectation from the beginning was that the people at the top of the lists should have taken a berth when offered and not waited, building the credit line. (Harwich no longer credits any waiting list fees)

7. Details about Temporary Slip Assignment Regulations. No action taken on this item, however the Harbormaster said he is following existing policy of two week rentals and tenants at will for those beyond two weeks , up to one month. There was a question over one boat that managed to stay all summer. Tom Leach said that was Bob Rice SABATICAL the vessel which stayed all season because of peculiarity on a prior charter ruling. This has been remedied as the Board of Selectmen has now awarded Mr. Rice a permanent charter berth. Fred Clancy wanted to know the status of John Demango’s boat which is taking temporay dockage at Allen Harbor (Chris Ripa’s berth) Fred said that he has been using Bud Woefel’s dock occasionally. Tom said he is billed and paying at nightly rates when at the town dock and an accounting is made by the harbormasters office nightly.

8. Mr. Clancy under pressure from other harbor users wants to know the circumstances of Sawicki’s slip KATIE B at Allen harbor and believe the boat is sold. Harbormaster to investigate.

9. Discussion about Ground Fish Permit Regulations and how they affect offload permits for now members think there is not much that can be done if boat owner can argue a revenue source from fishing vessel. The harbormaster believes that this needs tightening as it offers the greatest loop hole of all. The commissioners seem to agree that vessel domiciled eight months in Harwich is not good enough and captain/owners need to prove the vessel actually was used to actively commercial fish.

10. Discussion about creating Harwich Boat User’s Permit. This permit would generate excise tax info but does not seem to have support of Selectmen.

11. Status of new Allen Harbor Heavy Courtesy Float - float bid is given to Ames Marine at $8000 after only two RFP were received after six weeks. Ames will begin construction as soon as possible. Documentation and RFP and the result of responses leading to the award will be discussed at the next meeting.

12. Status of Wychmere Harbor pier maintenance at parking area and pier. The Harbormaster says this is in hands of Engineering Department.

13. Status of removing drain etc. from Wychmere Parking area & repaving hold off to fall and check with highway department about road funds for this project.

14. Discussion about long term Dredging Plan. Harbormaster recommends a Dredging and Beach nourishment committee be established by Selectmen with at least on member from the Waterways Commission. The committee needs to analyze dredging schedule and need and develop a long term plan in line with use of the Barnstable County Dredge, Army Corps Dredge CURRITUCK and various inner harbor dredging needs that require critical disposal of fine materials as muck, mud and heavy metal. More on point the committee would develop a consistent plan to improve public beaches first and private beaches secondarily. Such a committee could work with the private sector (like home associations) top explore the possibility of mining sand for beach nourishment and protection. A motion was made by Eric Winer, seconded by Alan McMullen to forward a letter to Board of Selectmen suggesting the development of such Dredging and Beach Nourishment Committee. 4 in favor, 1 - Against and 0 - Abstained.

Matt Hart said that there is a movement within the community i.e., Allen Harbor YC, Allen Harbor Marine Service and harbor abutters like Al Fehrn and others to help the town move in a direction to dredge the Allen Harbor basin. The chairman said they have met and decided that Oyster Creek should not be part of this plan due to environmental issues. The thrust would be on dredging the main harbor that has become a gunk hole in recent years due to eutrophication.

15. Discussion about "Net Sq. Ft. of Boats in each Harbor. The chairman said this was something that came by way of Paul Donovan, however, Mr. Donovan sent an e-mail saying it was none of his doing. Mr. Hart said this was about skinny boats versus "beamy" boats. The Harbormaster said that slip minimums are always imposed on berths regardless taking care of the issue.

16. Discussion about Dredging and Re-configuring Wychmere outer Harbor. This is Matt Harts idea. The chairman explained that the existing channel has always dog-legged through the mooring field in the out harbor. However if the channel were to run obliquely across the outer harbor in a NW-SE line it would take up less space and give moire room for moorings especially if properly dredged. Tom Leach said he felt the outer mooring basin and mooring field was in good order, but the idea was worth considering. The cahnnel as it exists now gets the traffic lined up with the inner harbor entrance. Something which is an important consideration in the dark.

17. Discussion about additional Allen Harbor Parking this is another scheme developed by Matt Hart to look into purchase of land on Killdee Creek immediately across the road from Lower County Bridge at Allen Harbor. Fred Clancy said that the State would not allow the removal of guardrails to the bridge and this is why Allen Harbor YC lost interest in the project. Perhaps the Town would have better luck, but members wondered why the owner would sell the land knowing the Town would make it into the annoyance of a parking lot next door.

CLARIFICATION ON RULINGS

Charter Parking Limits

Cyd Zeigler said that the Selectmen ruled recently that each of the 10 Charter C permits is limited to a total of three parking spaces per vessel which includes the captain and crew vehicles (assume this also applies to any A permits holders when carrying passengers for hire). This mean that each charter captain must manage offsite parking for his customers if they arrive in more than one car.

Parking Issues

Commissioners seemed to concur with the fact there seem to be parking problems at all harbors. Cyd Zeigler said that if the Commission sees a problem it should come to the Selectmen to get answers. Mr. Zeigler told how Brax Landing lost parking and has way too many dining tables for available parking space. He agrees that the natural overflow of parking from Brax is the Town Marina parking lot. He agrees that the marina parking area is a dedicated lot and is not an open municipal lot that the restaurant can claim for extra table privileges. Fred Clancy said that he had once talked to the Town Administrator and learned the opposite may be true. Cyd says Saquatucket is not a municipal lot it is a municipal facility.

Charter Permit Exclusion

Fred Clancy said that he has seen trailered boats at Allen Harbor taking passengers he thinks for hire without the C-Permit. The Harbormaster said that he interprets the Harbor Regs prohibit such charters and is causing problems from guides. However, Cyd Zeigler interpreted the regulations and said they should not be disallowing a ramp user doing a charter such as fishing guides if they carry the passengers in the towing vehicle on the ramp pass and do not add any extra vehicles. The Harbormaster should demand these users have a charter license. Mr. Clancy said that early on it was known that outfits as Orvis had fishing guides which were not properly licensed.

Mr. Zeigler also said that on weekends lately he has been using Allen Harbor Ramp and one day saw only two trailers with the right pass. In season, Harwich Police Department on a daily basis should ticket the offending vehicles and rigs. The commissioners seemed to agree. However, Tom Leach said part of the issue is these trailer guys are willing to take the risk of a $15 traffic ticket when the daily ramp fee is only $7.35.

A motion was made by Charlie Beggs to recommend the Board of Selectmen set a minimum number of yearly charters at 20 to hold onto the C-Permit. This was seconded by Eric Winer. Tom Leach said this would give the Harbormaster another tool to pull inactive permits and get them back into circulation. Alan McMullen said that he thought the Commission should also be considering minimums on the number of trips for D-Permits. The chairman said hold what to do on A, C, D & E permits until another time. The motion was voted 3 in favor 0 opposed and 2 abstained from voting.

OLD BUSINESS

Berth Assignments Deliberation

Discussion and decision on the following Slip/Mooring assignments pending:

Leon Pisani Copy of New Title abstract

Michael Fusco Copy of New Title abstract

Richard Tavano Copy of USCG Document Changes

Michael Rubin Copy of New Title Abstract

Tom Leach said that it was time now that these folks should have their new titles in hand. Eric Winer made a motion seconded by Charlie Beggs that the Harbormaster shall send a letter requesting that they submit a copy of Title or demand a show-cause as to why they should continue with berth. All afore mentioned had had some cloud in ownership where it came to Dockage Permit holder versus real owner of the berth and all had taken some action to correct any misconceptions. Now the Commission wants the proof. Voted unanimously.

Allen Harbor Town Dock Dredging

The Harbormaster showed a marked up version of a dredging schematic that was drawn by the Engineering Department to be part of a DEP /Army Permit application(s) to dredge the northeast corner of Allen Harbor. Tom Leach said the plan needed to be broadened and that it was missing volume estimation and new targets in the neighborhood as the wash over bulkhead part of the opposing Allen Harbor Yacht Club docks. The disposal of this muck is a tumultuous business requiring either upland disposal or brought to a legal offshore disposal site inflating dredging costs dramatically. What would cost $30,000 as sand might cost $150,000 as muck. Allen Harbor YC was able to dredge relatively inexpensively when they reconfigured slips in 1995 due to a cooperative effort with a club member who owned land (not over the aquifer) and wanted the fill.

NEXT MEETING

The next Waterways Commission meeting will be the third Tuesday of August (8/20/02)

ADJOURNMENT

Matt Hart entertained a motion to adjourn at 9:10 PM.

TEL/tel

(preparation time 5 hours)