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News/Events - Meeting Minutes

MEMBERS PRESENT: James Casey, Chairman; Frank Regan, Harbormaster; Geoffrey Gaughan; Rick Murray; Pat Murray; Donald Hourihan; Keith Dobie.

ALSO PRESENT: Don Field, Associate Member; Anthony Jones, Associate Member; Robert Fultz, Consultant; Shawn Harris, Board of Selectmen Liaison.

1. Chairman James Casey CALLED THE MEETING TO ORDER at approximately 7:30 P.M., in the Harbormaster's Office on Cole Parkway.

2. On a MOTION by Mr. R. Murray, SECONDED by Mr. Regan, the Minutes of the Meeting of September 8, 2003 were approved by all members present (7-0, 1 member not present).

3. REVIEW OF CORRESPONDENCE. Mr. Casey said that a Drinking Water Supply and Demand Analysis prepared by Comprehensive Environmental Inc., dated June 2003 has been received, and that he will review it.

4. HARBORMASTER'S REPORT. Mr. Regan apologized for missing the last meeting due to a death in the family. He reported that we had started off the year with 1-3 boats, and that 2-3 went out of service in August due to water in their cylinders. The boats were taken to A-Z Boatworks for repairs. Unit 3 was back in service at the end of August with temporary repairs, and that Unit 2 had the same prognosis. Unit 3, the largest boat in service, with firefighting equipment, since then has blown an engine and is out of commission. Mr. Regan said that a Coastal Zone Management (CZM) grant has been accepted toward the replacement of the engine, but that the grant has not gone through yet; it will pay for 50 percent of the cost of the engine. If we buy the engine without waiting for the grant we may lose the ability to get grants in the future. Mr. Regan said that hopefully we will get the grant within two weeks. Mr. Regan also reported that Scituate was given a 14-foot boat in order to get under the Jullian Street bridge, but that the Environmental Police called to say that written approval for the receipt of the boat was never given so we lost that boat. Now we only have a 17-foot boat and a temporary fix on Unit 2. A 41-foot boat is difficult to tow by a 17-foot boat, so far we have been lucky and haven't had too much trouble. Mr. Regan continued, the Coast Guard pulled out of the Harbor at the end of September, so we are the only people patrolling the Harbor and the North and South rivers. He said that Eddie Gibbons, an experienced boatman, has been kept on at night, and that there was a night issue on the North River recently that concerned him so that he wants two people on the boats at night. Mr. Regan also said that user fees will be sent out to people using boat slips this week.

Mr. Regan brought up the issue of commercial lobstermen keeping their equipment in Cole Parkway and the Jericho boat ramp. He said that he has sent a letter to the commercial lobstermen telling them that they can no longer do this. They have complained about it and they may go to the Selectmen to discuss it. Mr. Regan said he brought it up because it is against the law to put equipment up at the Jericho ramp without written consent, and it is against the town bylaws to put equipment up in Cole Parkway. Mr. Casey said that they have options, and Mr. Regan replied that he cannot give them the options. Mr. Regan said that lobstermen are used to doing things the way they have been doing them, but the rules can only be changed by the town. A lobsterman mentioned that we have some bad ramps in the town, one of which is in Cole Parkway, even though we funded some improvements for it last year. Mr. Regan said he would like to meet the lobstermen halfway by spending the money on improvements. Mr. Fultz and Mr. Regan agreed to meet next week regarding this issue. Mr. Regan said he is working on the budget, and that this year he will ask for more money even though the money situation is tight; the money in our fund is not taxpayer money but is from the boaters; 60 percent comes in from the marina. It is about $350,000. He would like to start spending money to improve the marina, and he will work out a budget and bring it in to the Waterways Commission. Mr. Regan asked about the five-year plan, Mr. Fultz said that he will bring in a copy for Mr. Regan, and all agreed that Mr. Regan's input should be included in the plan.

Going back to the CZM grant issue, Mr. Dobie asked if the engine could be leased and then purchased when the grant comes in. Mr. Regan said that he would look into that possibility. Mr. Regan also said that the purchase must be made by a government funded vehicle, and that we would get a Mercury even though Mr. Regan would prefer a Yamaha, but we can't throw away free money. Mr. Dobie said that based on a conversation he had with the Town Administrator, Mr. Rick Agnew, that we could expect support from the Board of Selectmen on upgrading the marina. As far as staffing goes, we do have sufficient money, and Mr. Agnew said that he has to be convinced that the money is being used efficiently. If he is convinced, then there should be no problem. Mr. Regan said that the Board of Selectmen and Mr. Agnew have been very supportive. Mr. Casey said that a couple of years ago we presented a case for additional payroll for the South River, and though they were reluctant the Board of Selectmen supported it. Mr. Hourihan recalled that efforts to lengthen the Town Pier had been made but rejected. Mr. Harris asked if the Coast Guard pulled out at this time last year, and Mr. Field confirmed that it was around this time last year. Mr. Harris brought up the Cole Parkway ramp, and said he has tried to put it on the capital plan. Mr. Fultz said that precast concrete beams had been approved but that there would be restrictions on parking if the Public Access Board did it. Mr. Harris said his concern is whether we would have to let out-of-towners use the ramp if the money was accessed in certain ways. Mr. Harris mentioned rebuilding floats, and Mr. Casey said that it is in the five-year plan. Mr. Fultz said that rebuilding the floats should be done by the Harbormaster's staff. Mr. Regan said that he looked at the floats and that we can have them built for us cheaper than it would be to build them in our garage here. This year he confirmed that we will take the floats out ourselves and save quite a bit of money for the town this way. He said he would also like to put up pilings to stabilize the floats, as a bad storm could cause a gangway to fall into the water. He said he would get rid of the moorings if he could; it will be expensive and he will need new floats in before he can get the pilings in. Eventually it will be cheaper every year to get them in and out of the water. Mr. Harris asked about rental of a crane to accomplish this, and Mr. Regan said that it is timed so that we don't have to pay for too many days' rental. He also said that he will use Mr. Fran Macmillan who is a diver, so that moorings can be tied off. Mr. Harris said that there has been a lot of electrical work involved, and Mr. Regan said that the electric work begins after October 15, anyone left in the harbor will be put out onto a mooring. Mr. Regan said that it can be done for $17,000 rather than $24,000 as in the past, and that in the future it can be done for even less.

Regarding the situation with the lobstermen, Mr. Harris said that he had been approached by more than one lobsterman about the situation; he said there has to be some compromise as they have been doing things this way for years. Mr. Harris said that it may come up at the Board of Selectmen's meeting on Tuesday. Mr. Regan said that the lobster cars were in Cole Parkway until August, even though they were supposed to be out by May 1. He said that in the Harbor there are 8 lobster cars, and there are 44 registered commercial lobstermen. He said that half of the lobster cars in Scituate are not being used. He said that a variance can only be given at Town Meeting. Mr. Regan said that they could be put in a rented spot for the winter. Mr. Casey said that this has been a complaint for years, lobster cars are taking up parking spaces and that they are messy and smelly, but it has been a tradition and he hopes that the lobstermen will bring it up to the Selectmen so a solution can be found. Mr. Regan gave a copy of his letter to the lobstermen to Mr. Harris, for his reference. Mr. Harris said that perhaps if we had a tow company take the lobster cars away if they are left after May 1, that the following year the lobstermen might be more inclined to move them by May 1. Mr. Casey said that Mr. Harris's view, that how can we compromise, is a fair one and that he hopes that the rest of the Board of Selectmen see it this way. Mr. Fultz said that the public facility is not to be used for private gain, but that the Town would have to put it out to loan in this event. Mr. Regan explained why the lobster cars are of use to the lobstermen, even though half of those in town are not in use at the moment. Mr. Casey said that he would invite the lobstermen to come to the WWC meeting to see if we could come to some solutions. Mr. Dobie said that as time goes by this situation will be less and less acceptable, as new residents will be using the parking lot at Cole Parkway. Mr. Casey said that in the Jericho lot there was no room for any other activity last night, as the fishing boats were using all the room. Mr. R Murray agreed with Mr. Dobie. Mr. Casey asked for any other comments, and then moved on to Old Business.

5. OLD BUSINESS

A) REPORT ON DREDGING ACTIVITIES
Regarding the Federal Project in the Harbor, Mr. Fultz said that he still has to meet with Mr. Mark Patterson to process the Harbor Mooring Service invoice, and that as far as he knows all the work is done in the Harbor. Mr. Casey asked Mr. Fultz to expedite this matter. Mr. Fultz said that he has been getting the final permits for the South River dredging project, and he gave a fax he had received to Mr. Casey. Mr. Fultz said the MEPA certification is in and nearshore disposal seemed to be approved, but that the Army Corps of Engineering then does the whole thing over again; then, on October 1, the Department of Marine Fisheries (DMF) said that the placement of sand on the beach is now being revisited. Mr. Fultz said that along with the support of Mr. Agnew they are trying to turn the situation around again. Mr. Casey asked what this means practically; Mr. Fultz said that today they sent out an addendum to postpone the bidding for mooring contractors for a week. They also put together a document to send to the Army Corps. Dredging now has been postponed until the 14th, and we have extensions until February 15th. In addition, Mr. Fultz said that the Army Corps has requested that we redo the sediment sampling since the previous tests are now dated. He said that they were originally going to require chemical testing but we protested, so that now they are just requesting sediment sampling. Mr. Fultz said that another $2500 would have to be spent to obtain nine new samples. Mr. Dobie asked if we have requested a meeting with the Secretary of Environmental Affairs about this -- since the two agencies are saying different things, the Secretary will have to make a decision. Mr. Fultz said that they are working with State Representative Frank Hynes to set up a meeting with the Secretary; and a representative from Senator Delahunt's office is also working on setting up a meeting. Mr. Dobie said it doesn't seem anything will be resolved unless some pressure is applied. He suggested that the WWC weigh in to help the process along. Mr. Casey said he would be happy to get involved and that he will contact Mr. Hynes and Mr. Delahunt's offices tomorrow. Mr. Dobie said that the Secretary of Environmental Affairs should tell the DMF to back off. Mr. Casey offered two letters to Mr. Regan that were returned undeliverable from the mailing to mooring permit holders. Mr. Harris offered to have the Board of Selectmen draft a letter to help the process along. Mr. Dobie said that we should emphasize that if we don't get the project going we will have to wait until next year. Mr.Casey said that we have $450,000 of State money for the project that we are collecting interest on. Mr. Fultz went over the process of the applications and the results for Mr. Harris. Mr. Dobie added that the dredging material couldn't be put on the beach because it is private property. Mr. Fultz said that from Sea Street south they do not own the beach; the first proposal was that part would be put on the beach, and part would be pumped out. It was MEPA who asked that we look at putting it all in the nearshore area, to keep it in the barrier beach. Mr. Casey asked Mr. Fultz to put together a letter for the Board of Selectmen that could be approved for the Board to send. Mr. Dobie said that the WWC should also be involved, and Mr. Casey said that he would make contacts as previously mentioned. Mr. Fultz said that as the dredging schedule has changed, it gives mooring permit holders more time to remove their vessels, but should they be told that they have more time, and all agreed that they did not need to be told. Mr. Casey asked that the mooring permit holder letter and attachments, and the latest timeline, should go to Town Webmaster to be put on the Town Website. Mr. Futlz said regarding Marshfield that they will remove moorings under the general contract. He mentioned commercial moorings in the Harbor, that maybe there are a dozen, they could be put in the Harbor or in the deep hole. Mr. Hourihan said that a lot of them go to Green Harbor.

B) HARBOURTOWN MARINA AND YACHT CLUB.
Mr. Casey said that he met with the Board of Selectmen, Mr. Agnew and the CPA who had invited the Trust for Public Land (TPL) to see if they could expedite the process of the purchase. The town has entered into an agreement with the TPL, a nonprofit organization that works in such a way that revenue is derived from payment from the seller, it is a national organization with $70 million in holdings. They have met with Mr. Webb to get a sense of the revenues possible from the marina to get a sense of what is a fair price for it. Mr. Norton's meetings with Mr. Webb had shown that there was about $2 million between them on the price. There is no timeline in place, but Mr. Webb is not negotiating with anyone else. Mr. Casey said that the TPL seem like they will be smart negotiators and will enable Mr. Webb to exit gracefully. Mr. Harris said that Mr. Casey knows more than he does on the subject. Mr. Jones said that the TPL is an excellent organization; they are in fact facilitators for the process. Mr. Casey said that by the time we meet next month there should be more to report regarding what would be a fair offer for the property.

6. NEW BUSINESS.

A) Harbor Mooring Field.
Mr. Casey said he would like to ask Mr. Agnew's permission to take a vote tonight to authorize Fultz and Associates to prepare a formal proposal regarding the plenary feasibility on what a project of this nature would entail, especially regulatory issues, precedents we might be able to look to in other parts of the country, and so on. Mr. Casey asked for a vote to get the process started. A MOTION was made by Mr. R. Murray to ask Fultz and Associates to examine the potential for an additional mooring field in the harbor; it was SECONDED by Mr. Dobie. All present were in favor. A discussion ensued regarding the size of the project in order to put it out to bid. Mr. Casey said that the project will be well defined and highly affordable. Mr. Fultz said that existing information would be used to produce a proposal. Mr. Dobie thanked Mr. Regan for his excellent input on what is required in the Harbor. Mr. Field said that we are looking at the northeast harbor for expansion. Mr. Harris asked if this would be possible without dredging, and Mr. Casey said that it would require additional dredging. Mr. Dobie asked if there are places that do not have moorings now because they are too shallow. He said that someone would have to verify that it should be done. Mr. Casey said that it should have been in Special Town Meeting, but that it wasn't. Mr. Dobie said that we will have to remake our case to the Board of Selectmen. Mr. Hourihan said that at the Stellwagen Bank National Marine Sanctuary meeting, there were complaints that it is being used as a dump site. Mr. Casey thanked Mr. Dobie for his comments. Mr. Casey asked Mr. Fultz to present the proposal to the WWC next month. He asked that it be previewed with Mr. Agnew before the WWC meeting.

7. ADJOURNMENT. The next meeting of the WWC will be on November 3, 2003, at 7:30 P.M., at a location to be advised. A MOTION to adjourn was made by Mr. R. Murray, and SECONDED by Mr. Dobie, and the meeting was ADJOURNED at 9:10 P.M.

Respectfully submitted

Jean Martin