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HomeMy WebLinkAbout04-15-14Harbor and Shellfish Advisory Board Tuesday, April 15, 2014 at 5:00 p.m. Community Room, 4 Fairgrounds Road Members present: Bill Blount, Wendy McCrae, Peter Brace, Doug Smith, Dr. Peter Boyce Members Absent: Chuck Connors, Michael Glowacki Marine Dept: Sheila Lucey Natural Resources Dept. Jeff Carlson, Tara Riley Others: CALL TO ORDER APPROVAL OF AGENDA Unanimously approved APPROVAL OF MINUTES Unanimously approved CHAIRMAN'S REPORT Statement of commitment form Mr. Brace explain the necessity of this form. Last meeting with current slate of officers Mr. Brace said the board needs to elect new officers at the May 6. Mr. Brace updated the board on Town Meeting at which the voters approved the allocation of town funds for Ms. Lucey's Sealeggs amphibious rescue boat and for the hiring of a new town biologist. He added that the Board of Selectmen voted not to extend the commercial scallop season an extra week. Ms. McCrae asked to poll the board to see who is interested in what positions. Mr. Brace said he'd stay as chairman if that's what the board wanted. Don't forget to vote today! MARINE DEPARTMENT REPORT: Harbors update — Sheila Lucey Ms. Lucey reported that a live- aboard boat sunk in the Nantucket Boat Basin causing its owner to lose everything he had in that boat. She said she's trying to gather donations for him and that the Nantucket Shellfish Association is going to donate a generator so that when he moves out to his mooring, he'll have power. She said the boat sunk because its owner removed the exhaust manifold prior to a storm this winter. She added that his 2014/2015 commercial shellfish license has been paid for. Ms. Lucey added that no petroleum products or other pollutants leaked from this boat into the harbor. Ms. Lucey explained how she's trying to change the regulations pertaining to the slip lottery at the town pier to benefit commercial fishermen. She noted that because the selectmen couldn't schedule a public hearing for the proposed changes until April 23 and Ms. Lucey couldn't advertise the slip lottery until May 1 and May 8, a required two -week advertising period, those who win slips in the lottery wouldn't be able to get their boats into the water until May 15, much later than usual. Mr. Lucey's proposed changes are that fishermen who make their year -round income solely on the water or earn greater than 60% of their annual income from fishing shouldn't have to enter the slip lottery every year and be subject to the random selection process of this annual slip lottery competing against others for whom commercial fishing is just one part of their overall annual income. She also proposed an increase of the annual slip fee for these fishermen, which Ms. Lucey deemed as fair because these fishermen make their living off the water by using town facilities, the upkeep and repair of which is paid for with their annual fees, they'll keep their slip every year and because this fee is substantially below other town piers and marinas around the state. Additionally, Ms. Lucey proposed that boatmen who only make a portion of their income, less than 60% annually, on the water be required to participate in a separate slip lottery every year. And she is recommending a wording change in the mooring inspection regulations that changes 'Any mooring may be inspected... " to "Moorings shall be inspected by the Harbor Master, or by a designated representative at least once every three (3) years to determine their compliance with the regulations herein." The board agreed to support these changes by proposed by Ms. Lucey and Mr. Brace agreed to write a letter to the selectmen in support of Ms. Lucey's recommended town pier and mooring regulation changes. Mr. Smith offered the HSAB's help in making storm moorings required. Ms. Lucey said there is room for storm moorings, but it's in environmentally sensitive areas. Dr. Boyce asked new A -group boaters get a slip if only six slips are offered. Ms. Lucey said the total should be increased to 14 slips from 12 to make sure there's enough room for any new. The HSAB voted to recommend to the selectmen that the number of slips offered in the lottery be upped to 14. NATURAL RESOURCES REPORT General report from Jeff Carlson and or Tara Riley PUBLIC COMMENT ON MARINE DEPARTMENT / NATURAL RESOURCES REPORT OLD BUSINESS Scheduling a public hearing for revised shellfish regulations /SBRW update Mr. Brace reported that the Shellfish Bylaw Review Workgroup had completed its revision of the town's shellfish regulations and had a draft to recommend to the HSAB. He added that the board needed time to review. Mr. Boyce agreed. Mr. Brace said the board could discuss it at the May 6 meeting without taking public comment and then on May 20, hold a public hearing at which the board would vote on whether to recommend the revised regulations to the selectmen. Mr. Smith suggested that the board get the revised regulations into a story in the Inky and get it onto the HSAB's web page on the town's web site. Changing HSAB to a partially appointed board — update Mr. Brace asked that the board have a full discussion of this issue at its next meeting. He noted interesting relevancies in the town's statement of commitment and how Town Meeting voters adopted Article 87, a home rule petition that would give the selectmen the power to make the Historic District Commission a partially appointed board. He expressed his frustration with the mixed messages being sent to this board by the selectmen. Mr. Brace said it might be a good idea to speak with Rep. Tim Madden. Mr. Brace suggested following up with former harbormaster Dave Fronzuto who offered help in getting the state senate to support this effort through a state senate friend of his in Gloucester. Mr. Brace gave out the dial -an- attorney number for conflict of interest questions related to HSAB matters and said he wanted to research the efforts creating the HSAB to see if conflict of interest was a topic of concern during that time. Mr. Brace also said he wanted to send a letter to the selectmen after the election to set up meeting with them so this issue can be solved because the board can't function without members recusing themselves all the time. Ms. McCrae said the HSAB couldn't operate without the expertise of fishermen on the board. Mr. Brace described a conversation he had recently with island attorney Sarah Alger about how board members who recuse themselves can then speak in the audience as private citizens on the issue. But some members of the HSAB didn't agree with this premise. Mr. Brace said that either way, the HSAB needs to resolve this issue. Dr. Boyce said the HSAB doesn't really have a solid statement of purpose and that something like this should be drawn up and presented to the selectmen. Mr. Blount noted that if the board rewrites its mission statement, that this might help the board avoid conflict of interest issues. Mr. Brace asked the board to think about how they want to proceed and bring their thoughts to the next meeting. Mr. Smith said he liked the idea of speaking with Mr. Madden and Mr. Fronzuto. Mr. Brace said he go up to the statehouse to speak the right people to solve this situation. Mr. Smith and Dr. Boyce said they'd go with Mr. Brace. Mr. Brace said he'd like to see some of the conflict of interest cases in Massachusetts regarding shellfish boards to see what all the fuss is about. Mr. Blount announced that as secretary of the Nantucket Fishermen's Association, he had a role in writing the language that would become the legislation to establish the HSAB. NEW BUSINESS PUBLIC QUESTIONS AND COMMENT No public comment RECAP and ITEMS FOR NEXT MEETING ADJOURN Unanimously approved Future Meetings: May 6 and May 20 Respectfully Submitted, Peter B. Brace, Chairman