HomeMy WebLinkAbout2018-1-16Harbor and Shellfish Advisory Board
Tuesday, Jan. 16, 2018 at 5:00 p.m.
Community Room, 4 Fairgrounds Road
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Members present: Andy Lowell, Ken Gullicksen, Joe LiPuma, Frederick McClure, Biles
Blount, Peter Brace S
Members Absent: Ken Kuntz
Marine Dept: Sheila Lucey, William Pittman
Natural Resources Dept:
Others:
CALL TO ORDER
Mr. Lowell called the meeting to order at 5 p.m.
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APPROVAL OF AGENDA
The board agreed, at the chairman's request, modify the order of the agenda items to
allow Nantucket Police Chief William Pittman to update the HSAB on the downtown
sewer leak and subsequent repairs process before the board tackled the rest of the agenda.
The HSAB unanimously agreed to this agenda change.
Downtown sewer system leak - discussion
Mr. Pittman detailed for the board how the break in the sewer main occurred at the
intersection of South Beach and Sea streets on Jan. 4 as a result of the winter storm
happening that day, which generated a 3.2 -foot storm surge on top of a roughly four -foot
astronomical high tide. The flooding happened at around 2pm that afternoon. Storm
drains clogged that day and then freezing temperatures occurred at this time. Mr. Pittman
said that during the storm, flowage in the 16 -inch sewer main increased to 1,700 gallons
per minute and that 1,500 gallons per minute is normal for January.
Mr. Pittman added that once the operators at the Surfside Wastewater Treatment Plant
realized the break had occurred, they shut the pumps off at the Sea Street pumping station
and quickly made the decision to discharge the sewage into the harbor. An estimated 2.7
million gallons of sewage flowed into the harbor. Mr. Pittman reported that a small
amount of petroleum product, as a result of the flooding, also leaked into the harbor.
Mr. Pittman reported that a repair crew from the mainland, a detachment from the Robert
B. Our Company, was flown over to the island by helicopter. This crew was successful in
install a bypass pipe, which allowed the town to shut off the flow of sewage into the
harbor.
Mr. Pittman reported that the town was doing daily water quality testing and that the
state's Division of Marine Fisheries had closed Nantucket Harbor to the taking of
shellfish, including bay scallops.
Mr. Pittman said next steps include the Our Company and the town investigating how the
break in the circa -1930s cast iron sewer pipe occurred. Depending on the condition of
this pipe, the town might need to run two, 20 -inch above -ground sewer pipes from the
Sea Street pumping station out to the Surfside Wastewater Treatment Plant.
Mr. Pittman reported that the harbor contamination in area was small and contained close
to near -shore waters between Steamboat Wharf and the White Elephant, and Easy Street
Boat Basin. He added that the town hired Clean Harbors to clean all of the above -ground
surfaces and all of the catch basins in the area.
Mr. Brace asked if it's reasonable to assume that the sewage discharged into the harbor
mostly went out of the harbor around Brant Point. Mr. Pittman said yes. He added that
the nitrogen level was just slightly above the amount expected for mid-January and said
the indications were that the harbor flushed out fairly quickly.
Mr. Pittman said the town needs to take preemptive measures to be ready for potential
leaks during future storms this winter.
Mr. Gullicksen asked the volume of the petroleum spill, but Mr. Pittman didn't have an
answer.
Mr. Pittman left the room at approximately 5:48 p.m.
APPROVAL OF MINUTES
Draft minutes of Dec. 19, 2017
Because these minutes were not sent out in time for this meeting, the board agreed to vote
on them at the Feb. 6 meeting.
CHAIRMAN'S REPORT
Status of Ken Kuntz
Mr. Brace reported that he and Mr. Lowell had discussed how to proceed with possibly
getting Mr. Kuntz, currently incarcerated at the Barnstable County House of Correction,
to resign from the HSAB so his position could be filled, restoring the HSAB to a seven -
member board. He added that to learn Mr. Kuntz's status, someone must call the
Barnstable County House of Correction, get his address so the board could write to him
to inquire into his situation and if it decided to do so, broach the subject of his resignation.
Mr. Gullicksen said he wanted to get a better idea of when Mr. Kuntz might be back on
island. On behalf of the HSAB, he offered to find out who his lawyer is so he might learn
of Mr. Kuntz's circumstances and approximate time of return. Mr. Lowell said the public
isn't being fully served with Mr. Kuntz absent from meeting for so long and that if his
incarceration is to continue for sometime, that he be asked to resign. Mr. Brace said the
Board of Selectmen would appoint a replacement for Kuntz's seat should he resign
before his term expires.
Mr. McClure said that the board shouldn't act to remove Mr. Kuntz from the board until
he's had a trial and is convicted, or if he remains incarcerated for longer than two more
months. Mr. Brace agreed with McClure, but he said Mr. Kuntz's incarceration reflects
poorly on the HSAB and that the board shouldn't wait too long after learning of Mr.
Kuntz's status to decide how to proceed. Mr. Gullicksen pointed out that Mr. Kuntz's
absence is involuntary and that he may not be convicted.
Agreeing with the positions of Mr. Gullicksen, Mr. McClure and Mr. Brace, Mr. Lowell
continued this discussion to the next HSAB meeting.
Filming of HSAB meetings - update
Mr. Brace updated the board on having HSAB meetings video recorded.
Meeting dates when the HSAB meets in another venue — Feb. 20 and March 6
Mr. Brace reminded the board that the Feb. 20 and March 6 HSAB meeting would not be
in the Community Room at 4 Fairgrounds Road. He added that they would most likely
meet in the PLUS building conference room at 2 Fairground Road.
MARINE DEPARTMENT REPORT:
General Marine Department report — Sheila Lucey
Ms. Lucey reported that the Jan. 4 storm damaged the floating docks in two places at the
town pier. She added that one finger pier broke off completely and a second one is still
attached but half sunk in the water. The east end of the pier lost two 10" -by -10" batter
boards near the pump -out station
Ms. Lucey lost half of the buoys marking the Polpis Harbor channel due to the ice in the
first two weeks of January. Ms. Lucey she's going to start fining boat owners who leave
their boats and moorings in the harbor after the removal deadline of Oct. 15. She added
that she's been consulting with Deputy Police Chief Charlie Gibson on how to strengthen
mooring regulations and penalties, and she said that when she has proposed changes,
she'll bring them to the HSAB for its review. She added that boats and complete
moorings have washed up on Monomoy, Madaket and Little Neck.
Ms. Lucey reported that she's been conducting ice rescue training with the Coast Guard
and the Nantucket Police Department. She added that one boat owner tried to reach his
sailboat trapped/anchored in the ice at night first by skiff, which subsequently sank, and
he then slid across the ice to reach it and upon reaching it, signaled for help with a
flashlight and by yelling. And the next day, tried to get out there via kayak, having then
to be rescued by the U.S. Coast Guard from Station Brant Point, which, in the process of
rescuing the boat owner, got the boat's mooring tackle wrapped around its propeller. Mr.
LiPuma said boat owners need to be held financially responsible when rescued. Ms.
Lucey reiterated her desire to strengthen the mooring regulations so, among other
problems to be solved during weather events, vital rescue assets aren't compromised
when they most need to be at the ready.
Mr. Gullicksen asked for an update on the status of the ATV Nautical Lady. Ms. Lucey
reported that the town took the boat's owner, Dwayne Dugan, where the judge ordered
him to pay the town's fine, which was $100/day times 45 days in violation; $4,500. She
added that Mr. Dugan appealed this ruling and that the judge said if he removed his boat
from Nantucket Harbor within seven days, the fine would be waived.
NATURAL RESOURCES REPORT
General Natural Resources Department report — NRD staff
PUBLIC COMMENT ON MARINE DEPARTMENT / NATURAL RESOURCES
REPORT
OLD BUSINESS
Drafting language for eco -friendly moorings recommendation – Frederick McClure
– discussion
Mr. McClure said he's already spoken with Ms. Lucey on this topic and then he produced
copies of proposed recommendation for moving forward with this type of mooring for the
board to consider. In essence, the proposal is an eco -friendly pilot project in one or two
locations in Nantucket Harbor where mooring chain would be eliminated, existing types
of mooring weights could remain in place and boat owners could opt for
environmentally -friendly mooring weights.
Mr. Gullicksen asked for a map identifying scallop beds and Ms. Lucey said she could
get it to him, adding that the locations are Hulbert Ave., Monomoy. Mr. Lowell asked Ms.
Lucey to gauge her dislike for helix moorings. Ms. Lucey said it isn't that she doesn't
like them, her concern is safety. To wit, scallopers can hang their dredges up on these
moorings, which can cause them to sink. She added that she doesn't like that helix
moorings are difficult to remove unlike mushroom anchors and Dor-Moor mooring
systems.
Ms. Lucey left the meeting at approximately 6:19 p.m.
Mr. McClure said Ms. Lucey is having difficulty getting the owner of Hazelett Marine,
the maker of the eco -friendly moorings the town is interested in, to understand that he
needs to meet with the HSAB and get this board's recommendation before going to the
Board of Selectmen to make his presentation. He added that she would be exploring other
non -chain mooring systems besides Hazelett Marine.
Mr. Gullicksen stressed the need for a control area — an area without the new moorings
— next to the pilot plots to track the success for the eco -friendly moorings. He added that
this aspect of the study should be sanctioned by the Nantucket Land Council. Mr.
McClure indicated that it would be and said he would speak with the Land Council's
executive director, Cormac Collier to confirm this.
Mr. Gullicksen asked that impacts by scallop dredging on eelgrass should be studies in
these pilot eco -mooring harbor areas.
Mr. McClure clarified that he wanted the town to take the HSAB's idea to be its own and
to run with it, to make this happen.
HSAB Goals and Objectives - discussion
The HSAB continued this item to its Feb. 6 agenda.
NEW BUSINESS
Local commercial fishing vessel survival – discussion
Mr. Blount explained for the board how the commercial ground fishery works and noted
that his 2017/2018 fishing year had been the worst year he'd ever experienced. In nine
months, he hasn't been able to make it work for him and his family, suffering huge losses
along the way. He detailed how he buys codfish quotas from other fishermen, which he
sells to try to make a profit. He told the board he's most likely going to have to sell his
house and move off island.
Mr. Blount explained how that codfish fishery is coming back and how his codfish quota
is low enough so that when the codfish do come back to historic higher levels but his
quota remains low at 1,000 pounds per year, he'll be hauling in more than he's allowed to
keep and thereby incurring fines for going beyond his quota.
Mr. Blount explained that the Army Corps of Engineers somewhat base funding for
various kinds of harbor projects on how many commercial fishing vessels are based in a
given harbor. He stressed that the HSAB and the town need to be aware that commercial
fishermen endure boom and bust cycles, and that at times, they can't afford docking fees.
He urged the HSAB to find ways to make it work for commercial fishermen on
Nantucket.
Mr. Blount explained for the HSAB all the constraints by the federal government on
commercial fishermen making it almost impossible for them to stay in business and how
he believes the commercial fisheries are being mismanaged.
Mr. Blount recommended that the town and the HSAB needs to be ready to help
Nantucket's remaining commercial fishermen stay afloat during lean fishing years. He
added it was probably too late for him. Mr. Lowell suggested possibly seeking dockage
fees relief for Mr. Blount's boat.
Mr. LiPuma said that it the town needs to find out if the existence of commercial fishing
vessels based in Nantucket has positive bearing on Army Corps of Engineers funding. Mr.
Brace said he would contact former harbormaster Dave Fronzuto to see if he can help the
board get this information
PUBLIC QUESTIONS AND COMMENT
RECAP and ITEMS FOR NEXT MEETING
ADJOURN
Unanimously approved at 7:33 p.m.
Future Meetings:
Feb. 6 and Feb. 20
Respectfully Submitted,
Peter B. Brace, Secretary