And I would like to call the order this meeting board. >> Yes. >> Present here and is not here at the moment. Um are there
any public comments on non-aggenda items? [Music] Okay, fine. Um, in the chairman's there is no chairman's report. Um, is there anything that we need to
add or subtract from the action items? Um are we going to get regular updates with regard to this money? >> Okay. So we will >> in the liaison section I will I will let you know what's going on in des. >> So that's covered. >> Yep.
>> Thank you. >> Okay. At this point I would like to hand the gel over because I am involved in this next discussion. >> Yes.
Thank you madam chairman. So uh the first agenda item here is joint meeting with the harbor advisory committee anticipated by Marine Moing and you know moing program discussion uh with all of you and with town council etc. So um
couple of ground rules before we start this I would like to confine the comments really to the Manchester moing issues. In other words, I don't want really comments that are coming down dealing with say the broader uh moing weight list or other issues that are
certainly involved with the harbor but aren't directly related with the topics that are on the agenda here. Um there'll be probably be a number of comments. Um going to limit them to three minutes more than you get a town meeting which
has been two according to Allen but we'll make it three. Um if so I suggest that you certainly put your most cogent points up front first. Um I think Brian will kind of have a clock and
>> let you know that's as far as you go. >> So uh that's fine. And as the discussion progresses I would I would appreciate it if people would confine their comments to those which add something to the testimony that has been provided to possibly go over the same stuff again
and again. is I'm consuming it doesn't really add anything uh to the to the discussion and we'll we'll we'll start off there'll be a few folks that will make some comments and uh then we'll go to general comments
from the selected group. So with that um I will ask Tony perhaps to provide some general background on about this particular concern. Yes. Um, since I brought this issue up and in the
meeting minutes from our previous meeting, I said specifically that we I wanted to talk about the Manchester Marine warnings. So, I am not prepared to talk about the provisional moing program or anything other than the 10
more permits that were issued to. Well, um the uh program is is on the agenda of course and I think the discussion to get any kind of progress really that has to be part of the picture. It's integral to the whole
moing concerns that are here because it's a it it represents a possible solution and further input there. So I I think that it really has to be part of the discussion. Maybe not necessarily central, but it certainly needs to be part of the discussion. So I think we're going to we're going to conclude that. I
I don't think we're going to deliberate on the elements of the provisional morning program. In other words, you know, opening up opening up those uh the doors of the provisional morning program to talk about a different way to do them. We're not getting into that. More
so just referencing it as part of the process. Good. All right. Other comments? just recognize that the um Harbor Advisory Committee is is here or members of the Harbor Advisory Committee is here with us. I don't know if they is there for a
notice of meeting. >> We we noticed it as a meeting forum here. Is there so far? >> Philip Lehey present.
>> We have four. uh just the meeting is open just announcing your meeting is open your joint meeting open yeah advisory committee chairman Carl Dome the meeting in conjunction with the selectman uh we
are co- meeting uh on this evening great thank you so um I will ask Tony for some opening remarks. He's been researching this topic rather extensively over the last few weeks and I will make an exception with Tony. The
clock is off. I'll try to make it safe with keep keep it quick. Um well, I'd like to start by saying that I have only been looking into this issue for about the past three weeks and I'm attempting to report the
information that I have been provided uh without any bias. If I'm incorrect on any of the facts or the timeline, I believe there is a sufficient representation of folks here that can uh correct me on any of those. Um,
I'll start by providing a brief overview of the timeline and relevant information factoring into the decisions that were made. I'll then ask Ban Pike, our hardmaster to provide input and focus on the decisions that were made regarding the Manchester emerings
and after Bayon Michelle Randazzo KP Law Council can provide information regarding the legal perspective on this topic and highlight the roles and responsibilities of uh the officials that may or may not be involved.
Of course, I'm I'm glad we are having this discussion uh because I believe it is our duty as town officials to address this topic publicly. It is imperative that we provide faith in the operation of our harbor and the process that our
harbor master performs. And at a minimum, regardless of any findings, it's important that we show the public that we are responsible in the way that we address any potential issues brought to our attention. This topic of the Manchester Marine
Morrants can be split into two separate categories. How Manchester Marine came about 10 additional moorings and how those moings would be regulated through the provisional morning program thereafter. So I'll start with how Manchester Marine
came about 10 additional Mors. Uh the catalyst for this was was a proposed slip expansion project proposed by Manchester Marine dating back to sometime in December of 2021 or January of 2022.
In your packet uh that it provides you before the meeting there are some before and after photos of the morning field adjacent to Manchester Marine for your reference. Through this proposed slip expansion project, the need to change the 10
existing single point warrants across from Manchester Marine to secure vessel/closes in a linear orientation parallel to and only outside of the channel was
introduced. And that language I get from that D letter um they had March highlighted here.
Uh Manchester Marines proposed project included the conversion of the single point more roots uh and they completed a lengthy public process locally and with the commonwealth. This included meetings with our conservation commission
starting in July of 2022, our planning board starting in October of 2022, our harbor advisory committee starting in November of 2022, and the DUP and Army Corps of Engineers starting in January of 2023.
Their Army Corps permit was issued in September of 2023 and their draft chapter one uh their draft chapter 91 license from DUP was issued in March of 2024 and in April of 2024 that new mooring
floats were installed. I go through that process because I think due to the significant two-year public process surrounding the proposed project of the slip expansion which included the conversion of single point moorings to
as D states in the letter multiple bottom anchor systems to provide for moing connections at both the bow and stern of each vessel/flow. I I can say confidently that this project and the possibility of 10 new
mooring spots was well known. For the sake of providing faith for the public about the harbor operations, I think it's important to dispel any potential thoughts that Manchester was provided 10 new mooring spots all of a sudden. It was part of the a two-year
process uh adjoined with this proposal to expand their slurs. Also based on the information provided to me, I think it is important to be clear that we are talking about 10 of
the 12 single point commercial moorings that Manchester has for my understanding since about the 1940s. These 10 moorings through the proposed project were then required by D to be
converted to multiple bottom anchor systems to provide for more connections at both the bow and spar of each vessel and float. That is to say, the 10 new moorings that were created feature 10 new spots on the
new floats as a result of the conversion required by D. uh category 2 provisional moing program. In April of 2024, when the new floats were installed, discussions regarding the harbor rules and regulations began
with the harbor advisory committee. Prior to this, yard moorings, uh commercial moorings, uh further rules and regulations that were only for service or transit use, transit use being 14 days or less. However,
I did come across information that claims yard warrants for seasonal use existed prior to 2010 as well. So there was a period in time from 2010 until 2024 when seasonal use was prohibited by the rules
awards. uh discussions with the Harper advisory committee and the select board regarding a provisional moing program to allow for some of the new spots to be used as seasonal rentals occurred in multiple
meetings from April 2024 to February of 2025. Uh so it is possible that um seasonal users of the new spots in the 2024 season did not come from the
recreational weight list because the new program wasn't installed until early 2025. Uh when the provisional morning program began in 2025, voters were selected from the weight list. However, the initial process of
that resulted in uh spots not being filled due to u the weight list being exhausted. There were in February of 2025, there was a meeting with the select board where the harbor
master provided an update and stated that there were other folks on the wait list willing to take these seasonal spots. However, they hadn't been on the wait list for more than a year at that time. Then, uh I believe the one-year
requirement on the wait list was uh waved. And then all of the spots were filled with folks who came from the weight list. And in your packet, I provided a copy of the seasonal users
from 2025 on these mornings and a copy of the weight list highlighting where they were in the weight list. So that's my overview of facts. So if you could uh
maybe talk a little bit about um the decision process uh regarding the 10 additional moorings or so uh and correct me if I was incorrect uh as far as the conversion of the 10
existing locations was very clear uh that that must happen in order for Manchester to move forward with the licensing of the fingers on their uh floats. So, we
actually had DP in town. They were not sure what the project and the parameters and the issues. So DP actually came to Manchester and we took them out on the harbor master boat
Manchester Marine. Uh we looked at the uh existing signal point moorings. We had some historical uh satellite photos of the dust on the moings trail off towards Manchester Marine restriction of
the channel. uh DP immediately said, "Well, this restriction channels problem uh we're only going to uh permit this with bound stern and I asked the question, is it
bound stern for vessels only or can Manchester Marine uh what floats in there?" DP head. Uh no issue with that. They put it in the March of 24 letter prior to the issuance
of the license. If you look at your copies, there will be the second page that I highlighted here where they make it very clear vessels or floats. So there are not 10
new locations. These are the 10 original locations. uh taking up less room because they don't swing. So with a float, there is room for a vessel on each side.
So I certainly didn't have a problem with that. We accomplished what we needed to accomplish to make the uh harbor safer and to reduce the amount of room used by just the burning uh with this uh new
bound and float system. and arrive to where we are today. Michelle, >> thanks folks. Michelle Mandazo from town council. So, I first started off with this probably somewhere in the forward
the end of 2024 questions. Um, and one of the things that I've been tasked with over these past several months is to really look at who is the appropriate authority to issue regulations. basically boring and
you know I I've gone through 25 30 years plus of opinions from our office to various of our food communities and you know I never want to tell folks that you don't have the authority the board doesn't have authority to adopt rules
and regulations with their normal police powers but in my opinion it's very clear that the the statutes confer the authority to promulgate regulations with regards to temporary orange on the harbor master and that that is not something that is appealable to the subordinates. Those decisions are
appealable to DB and I can go through a chapter and mer to explain my opinion but I want you all to know that I did not go into this thinking that that was going to be the end result. we really looked very closely because we we do had a wealth of information from you know
like I said decades of looking at this issue um and probably I probably looked at some prior opinions to former harbor masters um but the statute is clear that where you have a hard master as you know you have a bylaw that expressly states that some work hard master that that is
the that is the number official that regulates and whether it says that he probably or she promgate regulations. They regulate movement of vessels through the harbor. Obviously, all these things need to be consistent with NH 91 licensing harbor plan requirements of
the court of engineering. You know, they're never generally in a vacuum, but from a legal perspective, this is, you know, if I went through all of the existing fiber regulations, I'd probably check off that most of them fall under the Harvard Masters jurisdiction. We
weren't asked when his obligations were of uh many I think in was it 11 or 14 somewhere around there. Um we weren't asked I double checked to apply on this. Um you know I think it's quite likely that folks looked at what was in place and we could do better. Brian came on
board and folks want to work collaboratively right and you know nobody wants to be in a position of saying I don't think you should do this. I think it's my sole authority or otherwise. So, um, and when I look through the regulations, a lot of those
claimments are pretty scary. I mean, you know, they deny so far of what other communities have in terms of drawings and how master's ability to regulate capital buses um through the hardware. And just you know I I think folks
on our border and you all are but you know our general understanding of the territorial jurisdiction of the town is about three mile of the shore unless there's let's you get into um an area that's by another
another entity. So at the end of the day any questions or concerns or challenges to more permanent issuances in my opinion are quickly brought to the DP and it seems that there are you know two different avenues right the individual agrees they don't like that they didn't
go to war um or there as I read the regulation there's a broader avenue too for folks who just you know have questions about um overall assignments we just bring that follow but at the end of the
It makes sense why that is the case, right? Because it's taking, you know, bringing it to the state agency without the local interests coming into play and they look at these issues all across the state. Um, and so they're able to sort
of say, well, we think this okay, we don't think this. So, that's sort of the big picture um that I was kind of brought in to sort of answer those questions. Is that another question that you want me to answer now or >> even while it seems like is the
June couture board on those types of issues? I think through the effort of being transparent and having an open discussion here uh you know you don't have to tell us uh what is right or wrong but if you can help us kind of talk through one of the one of the main
concerns that's been brought to our attention is that the law state law or state regulations uh require that when new moorings are made available that there's to be filled by
written procedure through a weight list. And what's unique about this situation is that we're dealing with commercial moorings that were now converted to multiple anchor with a float per vessel
and a new spot being created. Um, and I think for all of you in going through this and trying to apply the letter of the law or wreck to this situation is not black and white. It's very uh
especially this unique circumstance. The law or rag doesn't give us a ton of clarity on that. But we did have some discussion about that. Could you talk? So initially when Bfield was here, we talked about what was being proposed
for the temp the temporary all all learnings that B would do their original programs and the program as it was described to me made sense from so we got this state
regulations that say basically have to have a waiting list have to be distributed if they're epic have to be applied for annually where we're talking mostly recreational um warrants and but there is room within the state
regulations for other parameters that the harbor mass regimes are appropriate right and the regulations even identify some of those such as the size of the vessel whether it's commercial or recreational and the like there's some hard lines like you can't transfer
within certain boring to someone else um distributed family or something. But so we go back and we look at the regulations and they are detailed in some way in particular with respect to the
installation of permanent structures but they're less detailed in others. And that's with respect to how you construct the weight list, how you administer the weight list and what are the overall principal parameters for to to define in terms of how you know.
So when the issue first came to me, of course we looked at well what is fair, right? What is fair and ethical? And by the time that I got involved in the discussion, it had gotten to the point where there was there was this and we I don't know if it's a consensus or what not, but you know, it seemed that
everybody was on the same page about taking folks off the waiting list as being the way that that we needed to administer. And you know, there's there's different provisions in the regulations that, you know, folks have looked at and said, well, maybe none of
these rules apply to Maras. Um, and the inspector general has said, "Well, we don't think that's how you should interpret this the regulations, but D has never changed those regulations." So, I go back to D is the one that, you know, if there is sort of any valid like
I can't adjudicate it, we he can't adjudicate it, it would have to be for D to say what happened with those 10 and I'm not even sure if it's correct to call them new. I mean, these these 10 additional spots, right? um they would
be the ultimate deciders as to whether that was impossible or not. I thought it met the straight face test. It seemed especially by that point they were going to be given off of the weight list and there was efforts to go through the weight list. It seemed like it was fair
and and and made sense in a unusual situation. We did try on multiple occasions to get with DP and the Army Corp of Engineers to see if they ever apped or would they abide on the issue of whether there are
any limits that um you know Marina could charge for that the tender use or whatever the extra service is provided you know unsurprising money couldn't get an answer could get an answer so that's I mean is that the answer question
>> I think so >> yeah I think It does um couple of observations. So really so far as this body is concerned the select board our most powerful tool is we hire the harbor master and after that the harbor master you
hire is really funding the D requirements. Uh we've got some rags. Uh I don't think we put a whole you know we have don't have a lot of input into rags. Is that correct? That's largely driven by >> these. Yes.
>> Right. I I don't want you to do other no but just the towns reg that's the harbor advisory committee what role >> input advice input in advice if they're reg so let me just add one additional thing sorry by three minutes um
[Music] >> you get paid by the >> you know I love when I go home I will not speak to my family I'm sorry One of the things that is also important
to keep in mind is that there's a state law that does allow the towns to adopt bylaws that I I would say could fill whatever the gap is you want in waterways regulations that's beyond the harbor master authority. But it's by
bylaw. It has to be approved both by the um uh attorney general like all of the general bylaws but also the director of law enforcement at the department of fisheries and others is the law and and I've done that on
occasionally um for example regulating jets use in in one of one of the times I work with um and that statute as I looked at it seems to have changed over the years where it in the first instance talk about local regulation saying
you can have your own local regulations right um as long as state law with regards to numbering of vessels and those things that that state law would take precedence and when I looked at it for this it did appear to me that over the years that that statute had changed
to require it to be by law and so when we look at the island sort of looked at board and newberry court and all sort of the other places where They may have tried to do similar things and I am sure that there are some harbor regulations and warrant regulations out there that
were a collaborative effort that were not issued under the sole authority of of the um master but if we were asked to apply on those issues right this is what we would say you know if it's warnings if it's within the statuto authority of
the master and that's the authority to accommodate the litigation obviously important collaboration is probably the goal all the way around not just with a pointed joint community as well. Um and to the extent that there was items
beyond that like I used the jet example um if you wanted to do that it would have to be by so there may be you know there can be room right for additional regulation beyond what the master does but then we just match it all up with the state laws make sure it doesn't
state law >> okay um Hopefully you went over three minutes. >> Not a problem. Not a problem. Okay. So, uh, at this point, I'll I'll solicit comments from the general public. >> Would you take a comment from comments
from the board first? >> From the board first. >> Yes. >> That is our usual question. >> Okay. Well, we may the board and then go out to the public. >> All right. >> I would like members. >> Yes. >> Yes. >> Um,
I'm not mad chairman at the moment. Um I hesitate to disagree with our town council, but I do um and I have no I have no interest in talking about the
visual moring program. I haven't studied it. There may or may not be problems with it. But what I am immediately concerned with is the issuance of 10 to moing permits to Manchester Marine. And our water range regulations say when a
moing location becomes available, the harbor master offers the location to the first applicant on the change list providing the vessel is suitable for the location. Um and folks will be assigned to a moing based on parameters such as draft be and that is the way moing
permits are supposed to be issued from a waiting list. And the reason that that is important is or part of it is that the DP regulations um 310 CMR 97.2 two
um annual permits for moing slugs and rafts. It says section A, the hire master or other local official shall provide a written position pro procedure with a fair and equitable assignment from awaiting it for the use of vacant or new works that strikes me as being
quite clear. Um it also involves um um uh chapter 91 section 10A um which reaffirms that at least according to the state description of that that it
reaffirms that uh patents are master should follow um the uh section. Oh, come on. Um, anyway, the the the CMR um
uh CMR 972, which is the one that says that they will follow a written procedure that is fair and equitable. Um, we did not follow a written procedure in assigning the new warrants. I have no problem, no question that the
the float and the four and a half worries are improvement. However, what I contest is that the new locations that were given moing permits should have gone to people on the change list and on the
um wait list if the change was. Um there are also regulations in also in our regulations we have um discussion of balance stings which say among other things um
that um violence warnings may include a permitted vote shared by two motoring holders. That is to say, both sides have to have boring permits.
Um, and reassignment of these spots will be from the boring weight list only. Um, the discussion of commercial regulations describe commercial borings as belonging to basically people who work on the water. We can we should not
confuse commercial uh moorings which are for fishermen professional fishermen and the moorings the yard moings that are given to the um to the uh
uh oyards. Um the practice that we have had is that when a private waring permit holder converts a moing to bow and stern with a float, the second side of the float goes to another current permit holder using his or her existing permit. A permit for
bow and stern anchored floats does not give the original permit holder the right to invite a friend to share the float unless the friend currently has a moing permit in Manchester. Why should Manchester Marine be given moing permits on both sides of the boat when a private
moing permit holder is not? Manchester Marine built and paid for new floats. That again is true of all of the existing owners and they have found some way to adjudicate who pays for what. um
the uh the willingness and ability to build floats and install moings does not grant any entity the right to a brought this up. Other comments from the board this point. So first I'd like to say that this
conversation didn't come halfhazardly. There's been hundreds of hours spent on research on this by multiple people, many of them in this room. Um, I think our harbor regulations are a great guideline, but I don't necessarily
think they cover every possible thing that can happen. And I believe this is one of those situations. I think there's no uh everybody agrees that the situation's made the harbor more safe, more navigable.
Um the town has got a better income from these. These are all the guards are paying 40 ft which is the maximum on a mor. Um
and I honestly feel we do not have the ability to police back a chapter 91 permit. I don't I don't think it's there. I think it's up to the D people. If this was a situation where a
brand new mooring in the field was made, I would agree 100% with what Ann's saying right now. But it's not. It's room that they made through
going to a bound stern system and they're actually taking up even with two of a a boat, a float and another boat, but they're taking up less space now than they did originally.
So, um I don't see a path. Well, first of all, I want to say that commercial in a waterway is not just fishermen.
People who work at marinas, there's people who drive tilings. There's all kinds of comments that goes on water. And I think that obviously a marina is part of that. So these are commercial moorings and I don't see after looking
at this whole situation I personally don't see a path to having a commercial moing tied to a recreational moing. I wish that wasn't the case but that's the way I personally see it and I feel
that it's up to the D to make a decision like this. I don't think it's in our hands. One more comment I'd like to make is that in looking at this whole thing, I really feel that the harm master is working in the best interest of the
community. >> Thank you, Brian. uh that point I I think we all agree that the hobby is in much better shape now than it was for buying back and it's going to be the economic end that drives us.
And to Michelle's point, the reds can be vague or they can be uh rock solid. And I believe that we as a board rely on the people we put in place to interpret these works.
And I think violence through rage are interpreting interpreting uh the rules and rights as they are set forth. And I think we as a town call him up gratitude for everything he's done.
And I think that um short of anything else, I think we continue this this path. look at uh the provisional warrants, but uh to relitigate the past is I think is temped dragging things through the mud and I'm
not prepared to do that at this point. I'm satisfied with what I've heard your recommendations were what I've heard from you Jeff's comments. I'm good think again thanking for everything you've done. Any thoughts? C
>> questions questions. How's that? Um >> um first of all, I would also like to have complete confidence in any if any if any mistakes are made. I I view it as
interpret interpreting language, talking past each other, whatever it is. I'm seeing no evidence whatsoever of anything unethical in any way, shape, or form. So, I want to start with that. I have questions though from Ann asked for a specific topic to be on the agenda and
I question and for Michelle. So, number one um and you said that um you brought this you asked for this to be on the agenda because the additional moorings that resulted from the creation of the float
there were 10 new ones. It sounded like these 10 additional moorings did not have unique permits or do they have unique? >> They have unique permits. >> They do have unique permits. >> Yes. And and those are new permits. They
are new permits. >> So understand that there are 10 locations just as or 10 before the floats. It created two spots. Correct. >> So in fact, there would be 10 new
permits if in fact there was going to be 10 new. >> So I'm just trying to make this real simple. >> Yeah. >> As a voter, I have a moing in my tax blah blah blah. I get a little sticker says moing permit.
>> Slap it on the more. Those 10 floats. Do we have 20 stickers or do we have 10 stickers? We have well because all 20 of those spots okay >> all 20 of those spots weren't assigned
for seasonal use. Some are transient and some are for service. >> So that's what what is confusing me and I don't care about any of the rest of the stuff we talked about quite frankly. I'm trying to figure out what inventory is. Okay. So,
>> because that gets to the gist. I think we each all agree on that before >> I have any opinion about anything and I I do not know it sounds like not every morning is a ball or whatever >> the white ball that's in the ocean.
Okay. I thought everyone had to have unique stir. >> So, >> that's not the case with >> every festival in the harbor. >> I didn't ask about the vessels. I asked about the ball in the >> We don't do it that way. >> Okay. We don't put stickers on balls. >> Okay. >> We put stickers on the vessels. The
moing holder >> or the person assigned to a moring the sticker goes on both >> and more importantly the number of the sticker matches the assignment >> and it's also matches in.
>> Okay. Sticker goes on the float >> right here. So this number right here. >> Yeah. as opposed to the list that's downstream website. This number right here will match the number on the sticker and the
uh number that's painted on >> painted on the I'm sorry I said sticker. >> Okay, got it. >> Before when I started here was different. The sticker numbering number did not match. >> But today I'm just trying to do this.
>> So somebody has a a a permit. It's a sticker. They put it on their boat and it better match it better match >> correct >> the location on that they morted. >> So on those floats are there two different numbers for each >> one for each side.
>> One for each side. >> Yes. >> Okay. So two different permits or one for the float. >> So Manchester Marine pays >> I'm not asking Manchester. I'm looking generally. I did not ask I'm asking please so I can get to >> so it's the
>> we're lumping commercial and recreational together. >> Well, we'll also talk about the definition of commercial. Okay. But right now I'm just trying to figure out >> commercial and recreational inventory each side
if there's a vessel there is required to have its own sticker number. >> Okay. So in theory I'm just gonna so to the number 12 there's there were 10 morings there's now 20 spots
>> 12 of which have vessels on them >> right >> so those 12 have numbers is that what you're saying every every vessel >> I understand >> has a number whether it's on one side of the float other side of the flow >> I understand I understand what I'm
trying to understand is where Where are the numbers for the eight things? I'll call them things that don't have a vote on them. Do we have numbers for those? >> Never because they're service warnings or transient warnings. We do not assign numbers to transient vessels.
>> Now, I'm going to ask >> we do not assign the numbers to a vessel that's coming in for up to two weeks. So, those eight spots are paid for by Manchester Marines. They have to pay because they get to use it just like
when they had a single point boring, right? >> No vote assigned to it. >> Understand? >> But they had to pay for the spot. >> Okay. But so what you're saying though you're treating those spots as though Manchester Marine owns them >> or rents them.
>> So Michelle, here's my issue. Okay. I used to deal with inventories in warehouses. Okay. So get parts in, put the parts in the boxes and the slots. boxes were numbered so I know what parts to put in what box. Okay, if the box was empty, okay, it had no parts in it.
Still had a number on it, so I knew how many boxes there were. What I'm hearing is, and this is actually an epiphany for me tonight. Okay, we have 20 spots, but they don't seem to have a number.
>> Absolutely they do. >> Okay. I tried to ask the question. >> Okay. I'm not understanding in in another type of a world we might those 20 spots would have 20 numbers and then if a boat was assigned to one of the
spots they would get a sticker with the number of the spot >> that they were assigned >> I think >> a parking spot >> they were recreational they would >> right so I'm I'm a parking spot is a better analogy you go on spot hero and they tell you hey you got this spot right here you know and then you go park
it you find the number you go park in that spot And but what you're saying is a commercial vehicle, commercial vessel or commercial spot. >> The spots that they rent, >> I'm wrong. Correct. Spots that they rent
out, all those boats get a sticker just like everybody else in the >> other side of that float is either transient or for service work. So that's like >> you go to your mechanic, you pull in, he
fixes your boat, and you leave. It's not >> So, but that other side of that float still has a number that man pays for, >> but it doesn't coincide with a boat because they're going to go. >> Okay. Fair. Fair. So the question is, of
the 20 spots, are we renewing? We have designated some for Manchester Marine. Is that the issue that we have? I guess I'm trying to understand. It
sounded like the additional 10 moorings. Um I'm trying to rephrase the question that Ann brought up. Sounded like there was concern that the some of the spots the new spots that
were filled were not filled off the weight list. they were handed to me in just may not be that that's that is my concern was that those new permits were given from Manchester Marine which was not on any weight. So if Manchester
Marine had had their name on the wait list, you know, five new five additional times and we got them off the weight list and gave them five spots to be assuming that things were taken off the weight list in in order.
>> Okay. So because they were never put on the weight, they never put themselves on the wait list. They weren't taken off the weight list. you have those spots assigned to you. That's the concern. Um
>> I'm asking trying to clarify >> every person who has Manchester who gone through the entire weight list of it and found people who are interested in waiting for
other people then at a later point went Marine said I'd like to get one of those spots. Vaness marine said we can't give it to you because it must come from the weight list. >> Sorry. >> Sorry. This is where the conversation
gets a little confusing and that's why I broke it into two separate categories, >> right? what Brian's talking about is how we filled >> right the seasonal uses of Manchester
prior to that what Ann is referring to is the 10 additional things >> right spots >> y >> uh were provided to Manchester Marina didn't go through a weightless process >> right this piece yeah
>> okay well Michelle was to your question a second ago was that because they weren't on the wait list, but Michelle's saying that because it was these are existing commercials that were then converted
>> due to the project they stayed with. But yes, 10 new items were created or made possible because of that conversion. >> Correct. Understand that. So because the
original spots, the original 10 spots were designated as commercial. Were they designated as commercial? You just read >> the town has a specific definition of a
commercial waring which is that it is a moing that belongs to a commercial fisher in our reg in our regulations. That's correct. Yeah, I'm not sure I see that number, but even if it is authorities to the to the master,
I don't want to get into because I haven't done the research that I need to do, but I believe that our regulators do there is a separate section for commercial vines Um
well, you were you were looking for a explanation, not really a right. So that I think to your question for 10 new spots or stickers or numbers created by this. The answer is yes.
I don't think we are going to decide whether the process of that of how they got to Manchester Marine was correct. It s my question I was trying to get to the point where and I think my question was it sounds like we all agree though of
the 10 the 10 additional spots they were allocated to I'll use the term allocated to Manchester Marine because the underlying assumption is that they were commercial and therefore
that I'm trying to understand the underlying assumption that allowed us to get those spots to their >> but I think people should
think about borings and locations carefully. If you have a ling swings on it, that's your ling. If you have a balanced derm float
inside, we're talking recreational is recreational. Jeff is correct. Can't mix commercial and recreational. Manchester Marine as a commercial entity just like the fisherman
designated in the database 12 years all these points have been designated as I'm sorry the two club commercial fisherman they were not required to partner up with another
commercial fisher that's they want they required to go on stern they wanted to put in a float they could and then if they wanted to have a second vessel that they use uh for the fisheries once they paid the fee
then it was perfectly legitimate. Commercial moorings should not be mixed with recreational. These commercial morings take up one spot just like they have
since the 1940s. one spot in the har. You could put just the boat in there or you put the float in there and then they have a second spot which they can rent transient
service but the location is exactly the same. There's no more there's no gain >> except for the town >> I guess. Well, the only the only disagreement I have with that statement
is, you know, again, I I think it's really I I view it as two locations instead of one. I understand like you it's all terminology, but but you've got I'll call them spots, okay? You have one
location and due to how it was created back in the day, you had one spot. You introduced some innovation, added a float and now in the one location you have two spots. Okay. And the question
is, you know, were, you know, they were assigned those new spots were assigned to the care they were being cared and for and fed, you know, by Manchester Marine. And is the fact that we didn't take people off the
weight list is that problematic? Is that >> I think that's where >> all right well >> I think that would be the question >> just one more type down
>> um in the of pretense CMR 907 in the first paragraph it says um two uh town or city implementing 310 CMR 907 will not discriminate against any
citizen of the commonwealth on the basis of residency, race, religion, sex, age, disability, or other illegal distinction. The provisions of CMR 310 CMR 907 shall be enforced by local officials
and and I um local officials. Absolutely. >> Yeah. >> Well, because because the whole of if you start at the very beginning of of 907
>> and if you look back at chapter 91 10A and 10 C, it says the harbor master or if there is no harbor master, the local officials authorized to act basically. And so to that point, correct? >> Exactly. The local official, right? It
doesn't I don't read 907. >> That's I read that's exactly how I read it. just as the police chief is the local official, the fire chief, right? We've given them that responsibility. Uh and at this point, I don't believe
that micromanaging is helping anything here >> and that uh you know, be honest with everyone 80% of the of the people here in Mitches who don't care. They don't have votes. Okay? you know, 20% of the
people that do have votes, I would say 99% of them don't care. I mean, if we have how many complaints or issues have we had over the last 12 years since you've been I think
here like to move forward as opposed to >> excuse me some text messages that people cannot hear us well I didn't say I'd Peace.
All of this really came to pass because of what Michelle mentioned earlier that you put together regs and they can't contemplate every possibility. And she said that when it came to structures and dealing with waterways, it was pretty clear in terms of what the D wanted.
When it was moorings, it was little soft. our mooring um our our regs did not contemplate this situation. They just did not. >> We have we have regulations for two-sided funds. >> Yeah. But we don't have regulations
associated with when you when when two sides get created by a commercial a commercial uh entity and the other side they would like to rent out. There's nothing that really addressed that. And it put Bayon in a position where all
right and I'm sure he gets in that position probably every week. There's something where there's a little gray. There's nothing that is specific in the regs that says this is what I got to do. And that's why he gets paid the big bucks. He's got to make decisions on what's going to happen. And in this
situation, this is what made sense. And he looked at it and said, "What's going to happen here?" Right? We're going to have more more more more boats in the harbor. More people are going to be happy because there are people that have boats that now can put them in the harbor. The harbor is now safe because the water is fine. I see no harm, no
foul anywhere here. And retroactively, he did have to go through the weight list, but the weight list was provided with us and you could not come up with enough people that were higher up on the weight list. So, Manchester Marine said, "Put the other people at the end." And then of course all of the other
people had a shot at it. And I I mean I see the list of names here and a lot of them were at the end because they signed up. And so they were formally on the wait list, not within the one-year period, but we did wave that. >> The the wait list is for a worrying permit, not for the ability to sign up
with Manchester Marine to rent space. >> I disagree. >> I like board. >> Well, then we decided that was that's what we did. professional morning program. So >> we we use the we ask that they use the weight list so that the people who are
on the wait list have an opportunity to get those spaces. Those spaces are being rented for depending on the size of the boat eight or $9,000. Our permits which are of some considerable value are a tenth of that.
Um, so our wait list is for people who want permits that they can get from the town and we used it to select people who wanted to rent moorings and of course it went straight through a long way because Manchester Marine was asking for a great
deal of money. It's a different thing. >> It is but they are commercial moorings. They aren't >> we really need to look at at the at the regula at the town regulations about what is it? I don't have it in >> I would agree that there needs to be
>> I mean I would I would third that it a lot of what has happened what a lot of what has transpired depends on a certain assumption as to what the words commercial you know boring means and and I think getting that definition clear
would be >> from all the documents that we have >> right yes I'm not I'm not suggesting we have to change anything to your point I haven't seen it and don't know it >> it doesn't meet all of the it's not valid, then there's no sense uh referring to it. We have to find out if the document's valid and from what I'm
hearing, it probably isn't. >> Well, I think I would say that initially, as I understand the history of how these set of regulations came to in being first, I think they were taken from in other states as a model. So, that's something that that we we would
look at. Um and you know, again, we all want to work collaboratively, right? Like I don't think anybody wants to be in a position of saying, "Well, I'm king here and I don't care what anybody else says." So I I have no doubt that there
can be collaboration to come up with a set of harbor regulations that respects the harbor master statutory authority, D's statutory and regulatory authority. And I think it's 100% that where questions arise, that's where we look to say, "Okay, now let's clarify. Let's
let's see if we can have a guiding set of of whether they're guidelines, whether they, you know, have have the stamp of the impromature of the harbor master that the harbor advisory committee and the select board are all on board with like we want everybody to have something that they can look to and
say we all agree with what but you know lawyers will tell you you can never write something to take advantage of to account for every eventuality, right? And this to me is is exactly one of those >> one of those things that came up and we're like well what's what makes sense.
>> I I agree with you 100%. I think we're at that point and so to me the task at hand is to refine the regulation number one clarify the definitions that we do have and refine the regulations so they are number one easier to use easier to understand okay for the lay person um
and and are meaningful right and we've identified some gaps we should fill the gaps and not just you know kick the can >> so I believe one of the tasks of and Carl can talk to this maybe is that the Harvard Advisory Committee is going to
look at more regulations this winter, right? >> Yep. This this is coming up for this winter. Uh we we have had one meeting since uh the the summer other than 100,000 phone calls. Uh we've
had the one meeting and we will do that over the winter which has been explained in some detail to the people who are interested. Thank you. >> Okay. >> Can I recommend that that process begin
with KP Law taking a look at our existing regulations and maybe providing some sort of review uh and guidance. >> Sure. Yeah. >> Absolutely. So they're going to look at it one
>> just to I generally like to be involved earlier rather than later because I hate for folks to spend a lot of their volunteer hours working on something only to have the lawyer say, "Oh, you can't do that >> or that you you know what I mean. Not trying to not trying to make work for myself. >> I think I think it's important you get in early."
>> Absolutely. >> Yeah. Okay. Are there questions out here? Name and address, please. Jim. >> Yes. My name is Jim Starky, 13 Hux Point Road. Um, I think most of you know me,
so I'll give the longer introduction. This is actually a very simple question that you're facing. There's a lot of obfiscation, but when you pull off the obfiscation, it's very simple. Let's go
back to the very basics. First, this is about moing permits. What is a moing permit? A mooring permit by state law is a license to use to moore one boat for up to a calendar year
uh in a spot to be designated by a harbor master and with tackle specified by the harbor master. That's all that it is. It is no more. It is no
less. It gives nobody nobody proprietary rights to bottom of our harbor. Now, state law is based on what's called the doctrine of public.
Yeah. Right. um that says that the sea bottom is not something you can own that it is belongs to the public and chapter 91 of state law designates to the DP
the right to manage the obligation to manage waterways chapter 91. So it's D who makes the rules. The D rule is extremely simple and that
is that a harbor master is required to issue moing permits from a written procedure. There's no wiggle room. There's no wiggle room here at all. The harbor master is required to issue moren
permits from a written procedure and we have a written procedure which are waterway regulations and they have absolutely no provision for wiggle room or for giving out boring permits to your friends. They don't let
you put moing permits on eBay. They have to go by a written procedure. And there is nothing in our procedure that assigns mooring permits to Manchester Marine. Nothing. So this is open and closed.
Moring spots locations has nothing to do with it. It's just obfiscation. Nothing to do with it. The argument that they were making it better by having, you know, double anchored floats, that well may be true, but it's irrelevant.
Manchester Marine had has 12 more improvements. They can make five double anchored floats if they wish or if they're designated by the harbor mounts if they have to. That makes room for five other double-ended floats that
people on the change list and on the list should be invited. We have >> change three. >> Okay, there's the meeting. >> There was three. >> All right, stay time. Thank you very much. >> Okay, we may come back to you, Jim.
Let's see what other folks have to say. >> Similar question to uh Jim's point. >> So we have the harbor master has to assign a warning with a written procedure. But that doesn't say it's our written
procedure. These were assigned through a D written procedure. Is that correct? >> Well, I think in this instance D was aware of what was going on. I don't think they were following a particular rent procedure of DEB but they were involved throughout the process and I
don't know whether I would say that they gave approval but they certainly gave tacid approval. Um, you know, when I look at the March 27th, 2024 letter from D, it it certainly does not raise any questions um about how those extra spots
are going to be assigned or or or provide any implication or express direction um to the harbor master that these are supposed to be assigned, you know, to recreational voters off of off of the existing waiting list. I agree with everyone that there is a there's a
provision in the state regulations that talks about assigning things off of a waiting list. Um but again, I don't think that whether it's our regulations or state law or state regulations, they're not always going to cover every single um event and that that's why
we're here, right? So, you know, it isn't in my view, and DP is the one that is the final arbiter on this, but in my view, D was well aware of this. They understood what was going on and did not identify any concerns with how Bayern
was was handling it. So, again, to the transparency and the above board and everything else like that, I mean, that that's it's all been part of the process. We can sit here in time now and say maybe the decision should have been handled differently and but at the end
of the day you get to well then what does that mean moving forward? Right? I think we're still in the same spot we are right now. It's like we've got to clean up our regulations and we've got to be clearer and we've got to try to avoid this type of scenario in the future.
The challenge I have with that is uh if these 10 new spots or 12 were not going to be used for seasonal use or you know meet the definition of a moing
purpose and they were just going to be transient or service. Issuing them to Manchester Marine would not even be a topic of discussion because that type
of use does not require the process of a >> 108 permit. >> Right. >> Once the town Well, sorry, >> continue. I guess once the town uh okayed or joined in the idea of
allowing seasonal use, it developed a written procedure through the provisional moing program, which that's where I think the challenge is going to be is does that satisfy this
the law that now these are meet the definition of a mooring because are seasonal and it's following a written procedure that the town >> my guess and again my guess because there isn't a whole lot out there to
guide me from D decisions most of them deal with individual moing permit applicants who are upset or otherwise by a decision hardmaster but from what I reviewed you know I mean I I tend to think that they're going to look for rational basis no sort of underhanded
dealings. Um, and we could try, I don't know if we get an answer, but we could try to, you know, involve D in, you know, engage them and looking at what we what few folks come up with in terms of of languages how to address this moving
forward. I mean I don't know that they necessarily want to give advisory opinions but you know it's certainly worth the effort to try to engage them because as I said earlier the and you all are familiar I think with Inspector General different investigations over
the years um that including I think one here um but they tended to deal with that they were all different factual situations. The only commonality is this opinion from the IG as to how to interpret the provisions of state
regulations that they have no authority to actually interpret. It's a D. So at the end of the day, they're the ones that we, you know, should ask if we're uncomfortable. >> Is it safe to say that Mr. Skey's opinion is just his interpretation of
the law and that there could be various interpretations of that same law and that uh and then we'll look for uh as you and the HAC start to draft these uh
new regs, we take his interpretation as part of the uh the basis of writing the new or updated regulations. But at this point it's just that it's an opinion. >> Well, we certainly would want to clarify. Right.
>> Right. Moving forward. Um, again, D is the one that can decide. Exactly. You could get my opinion and other people can have different opinions. I'm just trying to give you my opinion based on my best research and analysis.
But well, but you know at the end of the day this is to some degree there's a level of policym that's going on here that is also not that's not my role >> and >> I would like to
when Marine was using the single point they had a permit for each of those even though they were used temporarily. um when they put in the clothes, they
got a permit for each side. It's not that they were since they're using them as yard warrings, they don't have to have permits or there's any there's no fluff in that. It's just a question of who's gets a permen.
>> Well, I guess to Mr. Starky's point when if the letter of the law says that a mooring must be assigned through a written procedure and a mooring is defined as up to one year of use. >> Uh
if this wasn't for that type of use if it was for transient or service then it then going to referring to the written procedure wouldn't apply. So in other words, if >> they did in fact have a permit for you guys,
>> right? So, in other words, if if uh a if Manchester Marine still had 10 single point moorings that they've always had >> and they came to the town and said, "We'd like to use one or two of these for seasonal use >> and came to the town for that approval,
>> would then Manchester Marine lose those and it would have to go to the wait list to find out who gets those seasonal or Manchester Marine would be asking for approval. to sub lease sublet their spot. That's where I get, you know, when
you when we refer to it has to go for the weight list that only gets triggered once you're talking about the use being seasonal. >> So I think what to get what you're Yes. Because what you're getting at really though is that
those original moorings, they've always been treated as commercial because for recreational people, if you don't use your mooring, you get booted. You're not allowed to keep an empty moing, right? So what you're saying is the history and the prerequisite
is telling us that the original Norings were treated as commercial and these new ones have a new wrinkle to it, but there's a there's been an assumption they should also be commercial. I I would ask D
if other communities allow marinas to rent their spots for seasonal use and and what the procedure is that they require for that. >> I think you got to be careful with the definition of marina though. Well, you
know what it this example in other towns >> because it's not the the written procedure assignment doesn't get triggered until the use changes. So when this originally came in through the project proposal it was just
>> right like I said though I think it's >> use didn't come until the floats got installed. >> It seems to start with an assumption that everything we've been talking about is commercial and there's differing opinions as to whether or not that's really true. Right. >> I work too much and then I'll uh give it to Bio.
>> Is Manchester Marine paying for 202 >> 22 and they're using 12. Okay. So, it's in their best interest if they're sitting vacant to recoup some of their monies by going with a seasonal or trans
uh trans transient. It makes business sense. So from from a commercial standpoint, it makes sense. Next, >> mine's really just an observation that these moings have been in place to
the best of my ability to discover since the 1940s. Up until 2010 111, there were zero restrictions on how those morings were used. Those commercial moings were used any way they wanted. when that regulation change happened, unless I'm
terribly mistaken in the information I received, no boatyards were uh consulted, asked, invited into the discussion when the decision was made, they couldn't rent
those season. When we get into our next meeting, I'll express an opinion why you're here. But the regulations in 2009 that this town had in place, zero mention of commercial moorings, the
town has been collecting revenue from those yards for those commercial moings since fees were first set this town. >> Okay. So there's a long established history that these are commercial
morings, not recreational. >> Okay. Other comments uh from the public or online? Mr. Starky will recognize you. Last three minutes. I am shocked that our town council is advising the town that they do not have
to follow state law. She should be ashamed of herself. Chapter 999.07 the D regulations say the provisions of 310 CMR 9.07 shall be enforced by local officials.
That's you guys. That's you guys. D regulations say you have the responsibility to ensure that things are done according to D regulations and they are not being done by D regulations.
>> There is no way the right way to do this if you wanted to do it >> is to come back and say well we want to give Manchester Marines let's go amend our rules and that can be debated in public. The wrong way to do it is just
to go ahead and do it and say, "Well, the rules don't matter. There's room. Everyone does it. Everyone doesn't do it." Law is law. Ma'am, >> you should be ashamed. >> I am not. >> I have always order, sir.
>> Where's the license? >> No need for personal accosting here. >> Any other comments here? >> I have one. >> Yes, Jeff. Um although we're only covering boatyard borings tonight, we
owe it to the harbor master and the community to address all the accusations against him. It's been way too long and it's time to settle this once and for all. I'd like to make a motion to call a special meeting between the Harbor Advisory Committee and the Select Board
to discuss accusations made by one resident against the Harbor Master and provide information gathered to date to to and to provide information gathered a date to be set by the town administrator.
>> Second. >> Further discussion here? >> Yes. For what purpose? What would the outcome be? >> To cover all the other allegations against the master >> as far as other moorings that have been given away
as far as >> again to what end I'm just trying to understand. Seriously, just trying to understand like what would what would be an outcome? The outcome would be to either clear the harbor master >> or to or to find if there's problems to
address. >> So you're saying like a courtroom type procedure >> is is is this winding through the uh inspector general's office right now? >> Yep. One issue >> just the one we're discussing.
>> Okay. Well, this this is winding through the inspector general's office. Okay. So, I don't know that our convening a meeting is going to make a whole lot of sense until we hear what the inspector general has to say. >> Well, I >> I think it makes sense to cover the
allegations that have been made against the haram master in public on social media in public meetings. I think we need to address that. The people of town want to know, are there problems? Is the hire master acting
incorrectly? I think we owe it to the community to have that discussion. >> So, I don't disagree with that. I'm just questioning the timing like like uh John is because if the D is doing some investigation or they're looking into
something, do we want to get ahead of that? I I don't feel qualified to do that personally. >> Honestly, I I think the inspector general is investigating just the Manchester Marine moings. Okay. >> Discussing tonight.
>> Okay. >> So, >> so, so I guess my other question would be according to Michelle, do we have jurisdiction here? Where do we have jurisdiction to make any decisions about anything? >> So then if we I mean if if this is just
an airing of the you know the allegations and evidence presented, I guess I'm fine with that. But to what end? What's what's the purpose? So >> hopefully that is the end. That is the purpose. >> I I don't see that happening truthfully.
But go ahead, Michelle. >> I was going to say I mean you are the appointing part of Harvard. So if there's complaints and allegations against him. Okay. >> Pardon me. >> I think administrator >> I thought I thought but this bylaw says that the select board appoints the
>> special act would trump the we approve it but I don't think we're appointing. >> Okay. But either way, I mean, I think that there is always the opportunity if the select board wants to have a discussion. Um, >> I mean, you know, whether it's
>> I think it's incumbent upon this board uh to uh clear the air about any town employee. >> All right. uh allegations made against any town employee or town council should be addressed.
>> And I think the proper forum would be as Jeff uh suggested uh you know from my perspective I I think I owe you an apology for not stepping up sooner. Okay. I think we all owe you an apology. You have been the the whipping boy for quite some time
now. And I just I think that to that point we should clear the air once and for all. If there are allegations beyond the morins and I can't even buy you a cup of coffee. Uh if there are other allegations they should be addressed and
then we can put this to bed. That's just my field his point. >> So I might suggest that that first there's a conversation between Tony and Bayan. Um because you know we like to respect the desires of the person about whom
right the complaints are made and so I would at least want there to be some sort of self discussion as to whether that's something that >> yeah I think it's too early for that I'm open to that I just feel we need to get our ducks in a road here a little more personally um I I would like Tony to have a conversation with Bayion offline
and >> as manager to employee and and see what would be helpful in your personal >> I'd like to have the hire master's opinion >> yes certainly I think about a year and a half that the
initial accusation about Chester Mors were placed and there's been a cascade of other accusations over that year and a half and I have not had an opportunity to have those
accusations aired to address them to speak to them in a public forum and I would welcome that happening at the very earliest convenience. >> Okay. >> Thank you, Carl.
>> Uh Brian's Brian's been in town for about 13 years. I was part of the committee to elect him. Uh I don't know the numbers, but he's brought a lot of money into the town, into the harbor to completely redo it.
It's helped our revenue. It's been a great thing. We have a harbor master who goes to the town meetings, helps people out, get a seat, speaks as needed for the budget. U he's got a lot of bad
press. The people we're talking about said he has done something illegal. That is defamation of character. And this has been going on for a year and a half. There are other things that have been said against him.
And I'm sorry, Kathy, but you said we have to wait a while. No, we don't. This has been going on for over a year and a half. It's in social media. It's talked about around town. You know, Bonnie goes out and makes
pizzas for people towards the end of the year. He does everything for everybody. He helps people out. his is, you know, ability to do things up and down the East Coast.
It's fantastic. But when I hear you say we need more time, he has been under the gun for a long time. I have not and I've been to a few committees. I'm a young guy in town here. I've been to a few committees, especially BART,
and there have been issues. And every time there's an issue, it adds to the pile. I don't want that pile getting higher. I want something to be done tonight with the people that are causing the problem. I don't want to have more
meetings where we have things going on like you have going on here tonight. >> That's not the way to run a town meeting. These people should not be let to do things that they have done. And I'll keep going on and on. Herang. I'm
going to quit here softly, quickly, but don't say we need more Tide. The time has come to put a cork in the bottle. Thank >> Amen. >> Other uh >> Okay. So, there's a motion. Any second?
>> A second. >> And there's a second. Okay. Any any further discussion on >> one? >> Yes. If we're going to have such a meeting, I still think we need to have some clarity and boundaries as to the
conduct at the meeting and what we're going to do other than listen to Bayion and I'm happy to listen. You know, I've listened to you multiple times, right? And you have had opportunity to comment at public meetings. Here you have more to say.
Great. I still would like some structure to that meeting if we're going to have Is that okay? It can't be a free-for-all. >> No, I absolutely 100% agree with you because >> that's what I'm >> Some of these meetings I've been to I think every harbor advisory committee
over the last year and a half if I missed one maybe. And I can tell you it's been a complete disaster, >> right? >> And things have happened that should have not happened. So who so before I take a vote on this motion, who is going to structure this meeting and who is
going to facilitate it? And I think it should be someone completely objective. >> Well, I would I would s first of all, I would suggest that it's not a public hearing. >> It would be a meeting of the select board and the harbor advisory committee.
>> Yep. And I think as town administrator, it's my job to investigate the performance of our employees. >> I agree. >> So it would I would think the structure would be simply me collecting the
accusations that have supposedly been made. >> Yeah. >> Me investigating them and then reporting on them to the select board and the harbor advisory committee. Mhm. >> This would be an executive session. >> No, this would be
>> so any of the requirements. >> So the structure of this is really going to kind of come out of your discuss. You have to sit down with B, >> discuss this, put it together. I mean, we rely on you for a structure for how this meeting might fit together because there are accusations going in all
directions and you know this is kind of a little bit of backbinding. It's a little bit of everything. >> It'll take some time. Yes, I will try and move quickly. What do you >> what do you have for a date in mind? Jeff, >> to be figured out at a later date, you said by the end of year. >> I'm going to leave it up to you. You're
the you're going to head this up and you can do the investigation and whenever you feel you've comfortably come to a conclusion, we can set a meeting and you and Brian can work together and whatever.
>> So, that makes a lot of sense. Good structure. How does Bion have a voice at that? So, I'm still asking a few more question. Sorry. So, you you present the results to both the board and the committee then is Bion invited to speak
is somebody else invited or are you just going to present the results and and the two committees deliberate? How do you >> to be determined >> to be determined? >> To be determined. >> So, a little more. So, again, the reason for my questions uh is not to invite delay. So, I want to make that real
clear. My my reason for my questions is to make sure that when we do this we do it right and we do it once. >> Okay. Okay. >> Just to be clear on that. >> Can we put a framework around this of say three months? >> Let me let Tony think about it. You know
what? Let's let Tony decide. >> We'll let make a decision because know what's in his. >> All right. So, the motion on the floor. You read it again, Jeff. >> Oh, god. I don't think you can. >> If I could read, I wouldn't be doing this. Make a motion to call a special meeting between the Harbor Advisory Committee
and the Select Board to discuss accusations made by one resident against the harbor master and to provide information gathered. A date to be set by the town administrator. >> Friendly amendment. >> Yep. >> To resolve,
not discuss accusations to >> resolve. It's going to be a one and done, right? >> I hope so. I certainly hope so. Yes. >> Just if you can tighten that up a bit. >> We have to get on to dogs in the piece
>> to discuss and resolve accusations made against the master. >> Okay. Good. And there was a second on that. >> Yes, I second that. >> All right. Any further discussion? >> No. >> Vote. Jeff, >> yes. >> Ryan, >> yes. >> Kathy, >> yes.
>> Dan, >> yes. >> And John says yes. Okay. falls in your court. Okay. Now, from the discussion that we've had in the past hour and a half, we've got to decide a little bit how things are going to sit together. We've
heard a lot of information about the uh the moorings associated with Manchester Marine. Do you have a recommendation, Tony, in terms of how things should fit together? >> I I my recommendation wouldn't be to take action here tonight other than to get, you know, possibly to
get input from D or at least seek input from D if we whether we get it or not is a >> is an unknown. Um and and leave it the way that it is right now. And once we have that, I
think at some point we do, you know, have to revisit the provisional moing program and make sure that it gets added into the regs appropriately or if there's any tweaks to that if we are to continue with it. Right. But in the
meantime, I think getting some input from D. >> Does that hold into Carl initiative, which is when, the first of the year, or sooner? >> Uh, I think we'd start sooner. >> I'd like sooner. >> Y Okay. Uh, because it sounds like there are a lot of unforeseen, murky areas
that really need to be defined in that. >> Well, is it fair to say we may want these at least some of the refinements completed before the next season? >> Yes. Definitely. Is that fair? >> Yeah, you know your timeline. >> Timeline. Okay. So, I was just going to suggest, right, the two things that seem
to be most critical are the provisional loring, right? A framework for it if it's going to continue and clarifying if the rules are different for commercial, how you define commercial. Those are the things that I've heard. >> But the the third one is we know that
there are sections of our regulations that are subject to way too much interpretation. They need to be tightened up. Yeah. >> But identify like I'm sort of thinking like in terms of triaging um and I think you know the hybrid advisor committee certainly can probably identify some of those but I think before next season you
you definitely have those pieces. >> All right. >> And waring assignments and and so on begin early >> in the year. >> In the year. Right. When do they have to
have their applications in by >> Well, so we send out renewal forms in December. Uh which is very early because uh they're not required to be paid until March 1st.
>> But I think am I correct that they have to submit them to you by March 15th? >> It's March 1st. >> March 1st. >> March 1st. We have a that's the that's the date to avoid a penalty. March 31st is the hard cut up date >> and they're rolling. >> Okay.
>> Right. There is the existing provisional lowering program does talk about some sort of notice from the viard by December 31st. >> Right. So that's that's uh for rates for
not. >> So that's irrelevant. I guess that's >> so I I I don't I don't have a recommendation for a motion of the board based on council's opinion that there really isn't a
motion to be made. Um, and if you want to make a motion to uh seek >> opinion from Din on the assignment of 10 new burn permits
to Manchester, >> right? >> If that's reasonable. I'm not sure what as Michelle has said get from those guys. >> Okay. >> Or what year we'll get it. But I think absent of that >> it ain't going to be by the end of this year.
>> In absent of a a decision from >> Yeah. >> D will continue. >> That's correct. >> That's correct. So who pursues that? Do you um pursue that or >> Yeah. Between the three of us, one of us reach out to
>> D. All right. And so that's your motion. >> Okay. I will a second on that. >> Second. >> Okay. Any further discussion? >> Jeff? Yes, >> Ryan. >> Yes, >> Kathy. >> Yes, >> Ann. >> Yes. >> And yes.
>> Okay. >> Excellent. >> Am I done? >> You're done. >> Thank you. >> Give it back. >> Give it back. On the beach because that's always a hot topic. We don't >> Okay. >> All right. Okay.
>> I got two big stuff. If you don't if you really I'm happy to say >> you know what I appreciate that >> thank you for your presence Michelle. >> Thank you folks and sure we'll be seeing you talking to us.
>> Yes. And he's running out question. >> Wait, these folks look all so [Laughter] >> left with the uniforms. >> Well, I'll definitely get that cold. Next item on our agenda is
quarterly reports from the police chief, even the town administrator. I think I'm going to start with the town administrator at least briefly to ask why the employee the employees who report to
him are >> That's a good question. It seems like it's been somewhat of the practice here uh over the last x amount of years that Greg's been here. Um, and so I actually performed the quarterly reviews with each of the
chiefs myself. Uh, and was I said why don't I I I can summarize it and then they're here if you have any questions or com comments or compliments uh for them. Uh, but I I would agree. I think
that you know the the quarterly review element doesn't need to be a part of a select board meeting. I think it's my role to be performing those quarterly and I can report to you the results of those uh if you'd like, but I don't I
don't think going forward it needs to be a uh public process like this. >> You guys stuck off for nothing. >> Am I wrong? It seemed like it's been the practice. >> Yeah, it's good. >> I agree with you. I think there are some
specific reasons for that that no longer apply. Um what I would say slight alteration of the sequence. Typically what you would want to do is solicit input from um a variety of sources including the board to perform the reviews. So instead
of not just reporting out after but also soliciting input in advance. >> Okay. Nevertheless, I do appreciate the the monthly or and or quarterly reports. >> Maybe we could still do that. >> Oh, >> yes. I mean, the written reports that they provide to us are extremely help.
>> That's very good. >> Oh, because it helps us answer questions. >> I want to applaud Chief Fitzgerald for making full use of AI now. >> Yeah, >> because I remember your writing from three years ago. >> Moved dramatically.
>> Well, so okay. So I I performed quarterly reviews with both chiefs. Um I can say you know across the board both chiefs are exemplary employees. Um uh unfortunately during my quarterly review with Chief Fitzgerald he handed
me his official uh notice of retirement at the end of this fiscal year. I tried to rip it up, but uh um in my short, you know, three months so far here as town administrator, uh both
of the both of the chiefs have embraced me and have immediately met every expectation that I would have of a police chief or a fire chief in that the way that they manage their staff, the way that they manage their
budget, the way that they uh communicate internally and externally um upward and downward is all exactly where one would want it to be starting in a new position uh as town
administrator. Um they both clearly have uh strong commitments to this town and to their to their positions. um they understand the importance of
every facet of their job, but but that it goes beyond just being a police officer or being a firefighter. It goes beyond just being um a uh manager of a department. Uh it's it's it's a complex
um process of integrating all of those things and uh being a representative of the community uh and really uh uh exemplifying the the the goals in
which that you the select board have of us as you know employees of the town. Um specifically uh to uh Chief Fitzgerald uh we spoke about parking enforcement.
Um this year uh parking enforcement is extremely successful. Uh it reflected a improvement because of added uh parking enforcement personnel. Uh resulted in
over 1,400 tickets. Uh Hold on. How many of those were yours? >> Those are the $70,000 uh in fines. Um and majority of them stemming from the most common violations such as overtime parking uh or parking
in restricted or prohibited areas. Uh this and the chief can speak more in detail to that, but this is a reflection of a priority that I believe the town
made as far as uh putting an emphasis on the economy of our downtown and making sure that these parking uh specifically to downtown, making sure these parking spots are being turned over and enforced properly so that our downtown can
thrive. Uh, of course it goes beyond just downtown uh with beach parking and other and parking in other areas, but I think it it shows how your uh department head took a priority
of the town, created a plan and rolled it out effectively. Um, the summer the summer harbor patrol season was highly successful. Uh thank thanks largely in part to Sergeant Newton who coordinated patrol efforts
and ensured strong coverage during the busiest times. Again another uh key element I believe of the town is to ensure that our uh that the enforcement on the harbor is uh done effectively.
Um and we are working on the implementation of uh BlueVoice which is an AI platform that actually uh Maya uh >> Maya uh is providing a grant >> uh for us in order to purchase this
software that allows for our police officers to ask you know any sort of viol you know law or regulation or enforcement issue on the spot. And in today's environment with uh it's really
important, you know, that we're able to provide that service effectively and you have to adjust to how people respond to that enforcement. So that was a an initiative by the police department that
looking you know is taking uh you know taking the a lead step on adjusting to current environment and then um budget and staffing. Uh the police department has had
a a tough year as far as staffing goes uh with a lot of uh many of our employees or or police officers out on extended leave. Uh so you will be reflected in our uh overtime numbers uh
when we get to the end of the year, I'm sure. Uh but I think it's it's uh the way that the chief uh has effectively approached that issue. Uh we haven't missed a step and and in fact
when we have run into some of the hardest issues uh both both the chief and the lieutenant have filled into those spots to make sure that we have the appropriate amount of personnel uh on the road at any given time. Uh so
it's been a very uh when it comes when it when you're dealing with personnel issues, staffing and budget that can be a struggle all in of itself and I believe the chief has managed managed that uh very effectively and to the best
of uh of his capability. So and then of course all sorts of trainings and things of that nature. So, I I'll pause there if you guys have any questions or comments related to the the chief and the police department.
>> Anybody's looking at me because I always have some funny noted things I had down, Tony. So, um I noted um obviously Todd, I I really appreciate the increased parking enforcement. It was very noticeable walking around the downtown, even up
School Street, Pine Street, you know, that whole area. So, that was very much appreciated. Um, you know, we always sometime in the fall we always have a conversation about, you know, parking. What can we do differently next year and we have a couple of things we still need to talk about whether it's beach parking or the boating placards. You know, we
said we got to kind of take another look at that. So, when we get into those details, I look forward to, you know, hearing what you have to say on that. But the the downtown parking, you know, enforcement was very noticeable and appreciated. Um I I still love the the regional focus and partnerships that you
have developed there and are continuing to work. So that's incredibly critical and um I I definitely continue to be impressed by your willingness to learn something new. So the AI stuff is great. Um but that's I hope we don't I don't
get to see many of your team members, you know, except for Mark. So, I just hope that culture of continuous learning is really getting embedded in your culture because, you know, as Tony just said, it's
there's more to learn and there's and there's too much to learn and we all have to just try and find ways of doing that. >> That AI blue voice was actually brought to it by Zach Johnson. >> Nice. Awesome. >> Great. He's doing this role,
>> right? because you could, you know, be dealing with somebody and they've got AI on their little phone and they're that's not the law and you can say yes it is right. So >> a closed loop system. So we take our policies and procedures we take laws by
whatever we want to put in there. >> Awesome. >> All schools >> and uh so it's not like out on the worldwide web. >> Right. Awesome. That's great. No, the continuous learning is really and so I'm glad to hear that came from an officer and that's that's that's more evidence.
So >> you should get all the credit for that. >> Excellent. Thank you. >> Yeah. >> So I I just had a question on the parking. Did you have any breakout between what the revenue was from sticks versus uh the folks that were walking around?
>> So the sticks uh issued 603 tickets and 30,15 >> 30k. Yeah. >> And so half. >> So it's about half. >> A little less. Little less than half. >> All right. Okay. So that's good. I did see central streets down. I guess you're
parking somewhere else because the clerk did cash my check. >> So yes, you might have had I I contributed to the $50 to that line. >> All right. >> Great. I would like to commend the police
department on the move toward a community policing model. Um it it has changed. >> I've been around a lot, >> but it's much better now than it than I
remember just >> to that point. uh and I've said this every time we've gotten together is that uh I believe that this all three public safety is not here
right now uh is a model that every other community would want to follow a small town community uh it's it's phenomenal and I appreciate it thank you very much right now it's been I can say 29 years
I've been here this is the best group I've ever worked with with Bayion, Todd, and Jake. >> Yeah, >> you guys obviously >> work very well. >> And I'll even throw Chuck in there as well. You know, it's I mean, all departments are running in the right department in the right direction. And
without fail, we'll lean on each other when they need something. And uh it it's got to make 20's job easier anyway >> because you got other you got to deal with anyway. >> Well, thank you very much. Yeah, >> other than Jake's driving record, we're
all >> I got more. >> All right. So, thank you, Chief, and um thank you for all your years of dedicated service to the town. >> Was a hot decision. And actually, my son
and wife want to be here tonight just to show us support for the letter that I didn't give you, but they decided they'd be online. Hi guys. >> Uh I'm sure if if Greg was here right now, he would be able to talk about the
12 years of experience that he has had and uh you know speak to all of your accomplishments and your growth and and your impact on the community and the department. And I've you know in just a short three months I've seen it. It's
very clear. So, um, even though it's only three months that we've worked together, thank you for uh, making my life easier and, uh, and for all of the town. >> I want to thank you because you made my
life a lot easier, too. >> Yeah. Um and and then just lastly, as as you mentioned, we've and and both chiefs and and lieutenants and many of the staff have been involved in those regional
discussions as far as emergency management goes, regional 911 and um and a ton of training efforts that each of you have put forward uh to your staff. So, thank you. Um so, on to the fire
department. Uh I met with um Chief McNeely as well um over the first three months as I'm not going to repeat everything that I' I've said already but um as well has been dealing with a lot of different challenges in the fire
department. Um I think the chief's uh one of the things that I have identified with Chief McN is the ability to improvise. uh he's been a lot of challenges have been put forward especially with the structure of the
facility there uh and he's been able to find ways to get things done quickly and efficiently uh and to the you know betterment to the budget uh for the town. Um both of the chiefs and sorry I
didn't mention it when I was speaking about the police department but uh both of the chiefs have uh also have I've been involved in uh you know many different public events um that that the uh departments have put on. So again
it's that community involvement and availability that they promote that I think is uh reflective of a lot of our priorities. Um, the chief has worked hard to fill our call fire department uh, our call
firefighter roster and continues to work on that. And I think uh his style, his uh his style as a department head, I think is what you know, folks in the community
that are either thinking about becoming a call fireman or even potential full-time firemen from other departments uh gravitate towards. So that it's a really helpful element for us as far as retaining talent or potentially uh
recruiting talent. Um he's kept me apprised on uh the the engines. Uh well, the ladder truck when we f when I first got here wasn't here yet. Uh but worked really quickly to,
you know, not only get the engine back to uh Manchester, but also effectively dealing with the company that we bought it from to make sure that the town was not um negatively impacted financially.
Um, and a lot of uh uh like I said, a lot of uh pre-planning uh trainings and um community building type uh activity that he's emphasized at least or I've seen in
the in just three short months. Uh so, anything to add, Chief? >> No. Um, you know, it's it takes a team and I think Todd would agree with me that our team is what makes us shine. It's not one of us individually. It's
everyone that we have that work for us and work with us. Um, and collectively it makes it work. Um, and it makes my job easier. Um, I call Todd in the middle of the night if I had to and would be like, "What are you calling? I don't care what I do to help." And that's important. And I think that's
really um the catalyst behind the success in the public safety. Just make one comment that I remind you guys that uh Sunday is Cutwood boat race. Jake, I might suggest you not get involved with that given your record.
>> We do have the open house on uh Saturday. >> What day is that? What time? >> 3 to 7. >> What's that? 3 to 7 >> on Saturday. >> On Saturday. >> Saturday. >> Okay. My kids are here, so I know. >> Are you participating in the cardboard book race? Uh yes
add is the uh we were very successful with the uh AFGMP and the grants that you guys are aware of uh and we're going through that process and >> where are you on the process of adopting >> uh that is April one budgeted last year >> I understand that part have you
identified or have you started uh a search >> posted so we uh work with Tony we the job description was uh designed developed just so uh anybody in house. They did a couple of the searchs. They had some reaction time. Um the official
posting will be in January uh with an April. >> Great. >> Any other >> Don't take my suggesting that your quarterly reviews go through Tony as a
suggestion that I don't love your monthly reports. say all the hot spots are always fun. >> Yeah, just a couple things. Uh I I really love the monthly reports. In fact, one of the things I really love about the monthly report is the heat map
>> and I was curious is there any way we can get a heat map from like I don't know what input you you use to generate it >> just emergency calls location. I'm curious as to that. I I think that would be very helpful for
some of the facilities decisions we have to make, right? Um, you know, the police, they're all over the place. They're patrolling blah blah blah. The harbor, you know, where are our harbor emergencies, you know, out in the water. Is it a way to do a heat map on in the
harbor and identify where the hot spots are? And so, I just think it's a really good tool. >> Well, sand dollar, but you know, there may be some other things that we can talk about. It's just a really good tool. >> Yeah. I mean, I think regional dispatch will actually be able to weigh in, especially with most of those calls
coming by a 911 that are tracked by Latin one. So, they'll be able to at least give us that. We can put that into use AI to create our >> go. So, like yeah, like where are they? And when they when the people who are injured come off the harbor, where do
they go? You know, do you does the ambul ambulance pick them up downtown? Do they pick them up at Tux? Do they pick them up at, you know, Moscow? Where do they pick them up? I think a lot of that data is going to be helpful as we make some facilities choices. So I would throw that out there. And then um just on the
the staffing um the grant that was a great you know whole um again to our conversation it's a very helpful thing as to overstaff a little bit as we transition um uh you know there are some planned
retirements that are probably coming up right and so we just want >> Yeah. So the grant requires to maintain um >> 21 >> 21 FTEEs for the threeear performance period. >> Um however with some of those things that are going on um we'll have some
wiggle room. Uh but we'll need to do our due diligence to maintain 21 from March of >> Right. >> 26 to March. >> Right. But we want we don't want to overstaff permanently is the message. It's a nice find for a specific reason.
That's how many? 21. >> 21. It's >> a lot. >> Exactly. >> We 17 and then 21 would give us four would be working all the time. So it meets the kind of the um requirement we always talked about um as well as
increased um I won't say it too uh as well as u you know increased hazards that are going to be coming in with some of our commercial product uh properties. >> Right. So it's a st it's a standard not a requirement standard not a requirement and um the other thing data because data
helps us make good decisions it is important for us to under and our residents to understand um you know that a lot of the not a lot but a certain number of um emergencies do not arise from the behavior of the Manchester residents right you have a highway that
you respond to accidents right I think as we think about how we want to um use the data that's available understanding you know where the incidents are coming from and I'm always questioning are we
subsidizing our neighbors right we maintain the ambulances we maintain a very full staff where other towns of our size have completely called um you know firefighting forces so we always have to answer those questions and I think you
do a great job of collecting data and um you know, how can we take that to the next level because I think we're going to need to >> when's that second ambulance? >> Uh should be January, February we should have it. I mean, just in the last three
weeks alone, we missed out there four or five transports that we missed that we know of uh in town that we had to wait from somebody else to come in. So, actually, if you take the last 30 days, we've received more mutual aids than we >> But it's not because our teams are out
helping somebody else. It was just because there were too many >> multiple calls simultane I mean it's we'll do three calls in 30 minutes and go 14 hours out. So >> it's like it's during the budgeting process you know finance is going to ask these questions and it's just how do we get ahead of it by using the data that's
available. >> I mean I think it's a I think it's a good the three years will give us a good data and data set of what we have now because we have good data from that what changes we made what revenues we brought in. I think we'll have a good picture using the next three years as a kind of
a postal pole. [Music] >> That's the plan. >> Is the intention to have two fully functional um ambulances with advanced life support? >> Yeah. So, we have the equipment already.
Um however the ambulance that was um surplus prior to me getting here blew an engine and I think the cost benefit of fixing it I believe not sure what how that happened. So right now with the candle one medical with that second one we always we can still initiate care we just can't transport therefore we're not
having to return on our you can't build >> good >> great >> thank you >> thank you very much >> uh so as far as um my quarterly report
goes. I don't have, you know, the statistics or heat maps that >> Oh, you will. >> I probably could probably could make one up. Um, but I will say, you know, over the first three months, it's been very
it's been extremely enjoyable, extremely welcoming. Um, I've spent a lot of time, you know, meeting with residents, stakeholders, staff, volunteers. I still have more to do. Um, but I do think that
the time has come where I need to peel back on some of that and do more of, you know, the office work, so to speak. Uh, right now I find myself trying to catch up on that office work because I'm in, you know, a lot some days it's
backtoback uh uh meetings. Uh, but it's been I I can't say enough how how welcoming everyone has been. um and willing to help and work with me. Um but
we've in the first three months uh we experienced the Republican Union strike. Um we've >> Republic not Republican that's a public public union strike. Um we're still dealing with that now as far as the
invoices that we've received and how we're going to approach our response to that. um working with Chuck and legal counsel and that will roll into uh a a larger discussion about how we're going to move forward because our contract
with Republic expires at the end of this um fiscal year. Uh we've had ongoing efforts with the central street culvert uh masonic hall and the and dealing working with the senior center or the friends uh I'm sorry working on the
senior center with the friends of the COA or the COA board. Um the facility planning group as as uh Kathy had mentioned um potential development at Gordon College. smaller projects like library grounds and DPW
maintenance projects uh that were already programmed. Um a lot of personnel tasks um some including trainings um some dealing with the uh reorg that was uh you know voted on
prior to me arriving. Um, we I made my first hire uh with our land new land use clerk uh Kendall. She will be starting on the 14th next week. So, that's very exciting. Uh we're we're I was hoping to
say that the COA director position was posted uh at this meeting. It has not been posted yet, but it should be posted this week. Um >> have to explain that to the seniors then. I I know. I know. >> They asked me about that today. >> I know. Um maybe like first thing
tomorrow. >> Fine. >> Um some union type tasks that I've had to deal with so far and they're ongoing, but it will lead into union some of the uh collective bargaining units. Their
contracts are up at the end of this fiscal year. So we'll be getting into negotiations as well. Health insurance is going to be a large topic. uh associated with that. Um attending multiple public events um
assisted with the planning for a potential special town meeting which ultimately um didn't occur. And then uh you know this harbor master issue uh has taken up a lot of my time in the last you know two or three weeks. Um, and
moving forward, what I see is, you know, planning of the annual town meeting, uh, CPC applications, union contract negotiations, Ocean Street, uh, study, the Republic trash contract. Um, and as
I mentioned before, I think I really need to work on, you know, for me a little self-criticism. I think I want to work with uh Debbie to reserve, you know, certain times in my calendar uh weekly schedule to make sure that I'm being more responsive via email to uh
the emails that are coming in. and I'm happy to take any uh you know feedback uh ways to improve are more valuable to me than compliments of things that have been accomplished so
far. So >> I just I just have a comment. Um you came here right into the trash strike. You've had a lot on your plate and you hit the ground running and never looked back.
Um, I'm very surprised how you've handled all these situations all jumbled together, but you've done great job, I think, and uh it's been a joy to work with you so far. So, thank you. Thank you.
>> And to that point, I don't think uh uh there was any downtime in the transition between Greg and yourself. as you know, let's just chuck used the term hit the ground running and I uh if there was a couple pieces dropped, you picked
them right up. So, I think we're good and I look forward to moving forward. >> Yeah. No, you um I 100% agree. You hit the ground running doing a fantastic job as we talked about um last week. Was it last week? I don't know what day it is.
last week. Um, my only concern is that you're you're doing too much, right? So, it's, you know, when you were in Nah, you were jack of all trades. We talked about that, you know, when you first came on board. And you are more than ready to scale up. And, um, but you
listen so well. That's your that's your superpower. You really listen very well. And, um, I encourage you to teach your team to do what you do, right? I was very happy to see that you had that, you know, staffwide training. Um, doesn't it sometimes it doesn't even matter what
the subject is, right? You just getting them together to feel like a team and and all be on the same page, right? The more you can do that, I think is great. But it it is definitely time for you to scale up and figure out those techniques so that you can focus your time on what
you need to and let your team show what they can do. You know, a lot of leaders sometimes they think they're they're dumping on their team when they assign them something. No, you're preparing them. You're teaching them, you know. So, let let loose a little bit. Yeah. >> Yeah. I agree.
>> I agree with awesome. >> I'm glad we chose you. >> Me, too. >> And I'm glad you chose us. >> It goes both ways. Been great so far. >> Thank you. >> All right. Nice. I I apologize for not
voting. >> Let it go, Brian. Let it go. >> It's like puking you up at night. >> Well, haven't at all, but but as long as I'm making a couple apologize to everyone the first
step. I told you privately that I think you walk on water. I may have said something about it not being very deep, but you're doing a terrific job. Um, and you're right. You need to block off some
time for yourself and for dealing. It is so much easier to deal with the loud voices in town if they know that they're being heard, >> right? Because as soon as they think they're not being heard, they start screaming.
>> Agree. >> And they go to multiple people. >> Yeah. >> Right. >> And then the problem amplifies. >> Yeah. >> Right. >> That will be a good use of your time. >> Yeah. I agree. I agree. I I've I've been able to accomplish, you know, some of
that, but not to the level where it needs to be. So I I I I just got to reserve time for that. uh make sure that that communication is is um you know staying at the level it's supposed to be at. Part of that is working with your directs, you know, even having a
conversation with them about what do they expect, you know, what what's expected or or have we shared with the residents um expectations. For example, if you send me an email and it's not timesensitive, I'll get back to you in three days or a week, whatever. Right?
In my old company, we used to have my peers and I, we had a liberal, we all agreed to if you know, obviously this CEO or your boss, you know, send something, you jump, right? But if it's a peer, um, we respond within 48 hours, you know. So, we had our own rules. So,
the expectations were set because a lot of times people think email is going to get an immediate response and it's not. It was never designed for that. It was designed for to broadcast communication. So just talking with your team even about the rules of engagement because if
you have a certain set of rules or time frames, you know, you want to get back to residence within a week or whatever it is, if your team members have similar rules or at least you all know what the rules are, it can help I think a little bit too. Yeah,
>> I I will say I I found, you know, some of the constituent services end uh residents reaching out because of an issue. Uh the the opportunities that I've had to meet with them face to face or pick up
the phone and talk to them about the issue has proven, you know, as I expected, to be way more impactful. Um and it's just a matter of like organizing your time to make sure you can accomplish that. uh but even you
know in the I'll give the example of uh landmark school >> um you know >> our ability as a team to respond to that effectively quickly and have a have an instant impact the next day after it was
brought up here um was extremely impressive >> and that goes to the team you know that's that's all about the team so um and and honestly A lot of the su, if you want to call success that I've had in the three months that I've been here is
due to the staff that we have here and that my ability to go to them and say, I got this thing that just came across by, you know, my computer. Uh, what's the history on this? Can you give me can you just shoot me an email real quick on that so I can maybe give an answer on it
or can we think about doing it a little bit differently? And everybody has responded to that exactly how you would want to. So a lot of the credit, you know, goes to the support staff, you know, this the staff that is supporting me. So
>> So thank you. >> Our next item is the board of registars appointment. >> You certainly given us plenty of information in that. >> Yeah. So the the process to fill a vacancy is laid out by statute. Uh so as
soon as we were identifi or notified that there was a vacancy, we send a letter to the chair of the Republican town committee and the Democratic town committee and request that they submit uh nominations to us within a 45day period. Uh Republican Town Committee
submitted a nomination to us, Mr. Byron Wyn. um within the 45day period. The Democratic Town Committee came their nominations came in after the 45day period. And for that reason, I I believe
that the uh the action here would be for us to appoint uh Byron Win uh for the three-year term. And and the the statute does talk about that term length. It's a three-year term that goes from for our
bylaws says July 1st to June 30th. So, this is kind of a a backdated appointment, but that's because of the term stipulated by the bylaw. >> A motion. >> Move the select board appoint to the
board of registers for term to expire on June 30th, 2028. Second discussion >> Jeff. >> Yes. Brian. >> Brian. >> Yeah. Yeah. Yeah. Thank you. I think I
can see that by usual. >> Yes. >> Yes. And yes, >> John. Yes. >> Excellent. >> Okay. Um leazison on updates. >> Uh let's see. a relatively quiet month
here or couple couple of weeks DPW beach streets going and in fact that was one of the issues that Tony wrestled with because there was some comment from some local >> citizens >> as you're probably aware but he sat down with him and I think all is fine and Mil
Street is teed up to go and there's already some comments on that as well we're all aware but that that should happen within the next couple of weeks or so um Council on Aging, seniors seem to be I mean it's just the usual stuff. I will say that um we're making a van
available for the Manchester Club. >> Mhm. >> This coming Thursday so that people who need a van ride for any number any reason and we're not judging any of that in Manchester, they will pick it up. And and Jack, who is the one of the regular drivers, in fact,
I think he may even be a member of the Manchester Club. I don't. >> No, he was actually I had this long conversation before. >> I don't know. >> Uh, no. He throw his tickets a long time ago. >> Okay. He's trying to get back in. >> Was that Well, >> I think they'll also and once if that
works, I would really like to expand that to also lead generous. >> This is the plan because that's an off hour time. I mean, that's that's 6 to 8, right? >> Vans will never run in 6 to8, but this is this is what we're trying to do. Trying to get the local bands to work in different hours because Kada can work. 9
to3. So, we'll see how that goes. And >> as we just keep in mind, as we expand that opportunity, uh we do have to use a town driver to drive the van and we do pay them an hourly rate. So, as we
expand those hours, it will have a financial impact. >> Yeah. So, we'll see how that goes, but we really want to trade off the hours and well, that's a conversation. That's the angle. That's the angle to do because Kada would be covering those that other time slot anyway. Um, and
nothing the historic district commission meets Thursday. Uh, I know that things are changing a little bit at Cargo. We'll just see what the they've got another design now. I think the economics weren't working for the first one now that I hear they want to do three buildings. So, they may be on the agenda. We'll see what happens.
And nothing on the line. >> No, the demo has been on put on hold because there's no rush. It's it's it's on hold because I think they're looking at going from two units to three units. >> Well, there was I think there was a design that was two units or three units plus a little retail space there. That's
their design. >> Well, below they want >> we'll see what they come up with. >> We'll see what happens. >> But uh because of that, as many people were driving around with their uh beach chairs in the back of the car waiting to watch the demo there, call them all off, >> right? >> That was going to be a big event. It's bigger than
>> bigger than a parade. Yes, that would be >> it was originally scheduled for October, early September. Actually, September I Yeah, they were they were going to do a first week of September, I think. >> I think actually uh I think Jake told us that they were going to uh the fire department was going to use that for
some training before they took it the >> Good idea. >> Yeah, excellent idea. >> So, uh and talking with Adam, there's there's uh no Russia at this point to >> No. Yeah, Adam's your source. Yeah, good choice.
>> Random question. Um, will there be a breakfast this coming Monday? Not today, but a week from today. >> Uh, a breakfast. What? Seniors? >> Yeah. >> Uh, no. Because it is a holiday. >> Okay. >> That's it for me.
Oh, um so on bike and ped they were mentioning um I guess there's a safe and accessible streets policy that is dated 2016. They're going to it's frequently referenced in grant applications. So um
they were considering taking a review of it since it's so old and making um recommendations Tony to to you or to Chuck on on any refinements. I'm not sure quite who owns responsibility for that policy. >> Is it what's safe and
>> safe safe and accessible streets policy? >> Okay. >> So, yeah, apparently it's important because it is referenced when we apply for grants. So, Sue might be aware of it. >> I just wanted to mention that. Um I've been working with um Jody Morris from
Friends of Trees on uh reviewing the tree policy and um they would like to recommend us as a starting point recommend a small change to our definition of a public tree. Um but before we bring it before the select board, we'd like to review it with Chuck
and we just our schedules haven't worked out. So um I'm going to try and get with Chuck uh this week or next week. um downtown improvement. They did draft a new charge um and and shared it at their September meeting, but it needs some work. So, they're going to they're still
working it and hopefully it'll get um approved at their October meeting so we can see it in November. And I think that was it for >> uh Ox and Recre again. Uh
after school programs up and running very well getting ready for the wobble at so grand trial there >> what year what >> uh I believe it's the Saturday usually the Saturday before uh for the Halloween
uh you see in the descent agenda where they did raise uh the rates for both the shadow house and beach parking I believe it is >> uh And uh again October 16th is when you
want to get in here. That's usually a fun time to come here see the people all who's now you know who's getting married trying to get the the the dates they want for the child house and uh no
everything else is uh status quo. >> I really don't have anything. Okay. >> This we should have something next next time we meet bunch of things. um the board of health um and um they voted
to extend for another 30 days. Um we hold off for another 30 days going to court to put the vet avenue into receiverhip. um the the there is there is progress being made and our u the attorney who
handles the housing issues said that while there's progress being made the judge is unlikely to recommend a receiverhip. So um we'll see what happens next. Um I don't know what will come of it but um
Mrs. Gates has announced that she is the only person responsible. Um and at the I think at at the second their second meeting in October um they will have an opportunity to talk with her son and
their lawyer to see whether there is in fact consensus that that she will do this soul works. Um, to school committee meeting, um, I know a great deal more about
actually working. Um, spare you. I'm sure you know a lot about Jack. >> Yeah. Yeah. Well, I want to know, but yeah. Um however uh the um facilities and
Michelle I'm sorry I'm blanking on her last name there the u person >> um gave a quick report um the at toward the end of the this past year um they were able to put back the
$150,000 that they were planning they were planning to take out of the um oh god OPE um and that will put them back on a on a
track to uh meet the requirements of the other convention uh and retirement benefits. Um they also anticipate having about $600,000 in um
EMD. They call it something else but at the end of the year which is not a reasonable amount given the size of their budget. >> Yeah. >> And indicates that they are they are budgeting >> fairly conservatively but not dangerous.
>> Right. So six that's what about 10 a little less than 10% of their budget. >> Oh much less than that >> is their budget like 30. >> Yeah >> 30 million. >> Oh >> so 10% is 3 million and
>> Oh right. Yeah. >> And you're on the school committee on the fin chair of the policy committee. That's why they didn't put me on the >> but they they >> always pissed me in.
>> One of the things one of the things that they used to put their budget together for the year that they're currently in was to take stuff take money out of the I'm sorry I have terrible proper. Um
they're they have a general reserve and then they have a separate reserve which they had funded from um interest on the uh borrowing for the
for the Manchester Memorial School. And the conditions were such that when the memorial school they borrowed the whole amount ahead before they started construction and that amount was banked and earned interest and gave them a
stability fund and um they have had to take money significant money out of their stability fund. So, I guess I would summarize it as the school budget continues to be a challenge, but it's not quite as dire as
it seemed four months ago. >> Let's revisit this four months. >> Oh, don't worry. We will be revisiting very regular. Um, they have been put on notice that that the town would like them to start their budget earlier this
year. Um and they agree that they will do that to the extent of their ability. But since their big ticket items uh particularly the big ticket item of insurance is particularly in flux this
year. So they don't get those figures until January or February. That Thank you. Did I Did I see a note come by? I guess it was Wednesday. They're going to start to talk about the Essex Elementary School.
>> Oh, they've already got Okay. What's going on with the I have not really involved themselves with the building committee. >> I guess it's building. >> They have they've established a building committee. The building committee has chosen an owner's representative. Um, and they are getting organized. The first thing they need to do is figure
out where they're going to put the school. And the next thing, well, probably the first thing they need to do is what they're going to build. Whether they're going to renovate, whether they're going to build a smaller school for fewer grades, um whether they're just going to move everybody over here.
U the meeting on the 8th is >> a pres a presentation to the community of what they have done so far. It's not that this is far from the beginning of of what they're doing, but as of yet,
um, as I said, they don't know where it's going to be or what it's going to be. And that's okay. Think about it. >> That's the process. No. Um the consent agenda there anything that we need to take out
of it? >> I was wondering if we could take out the just have a separate discussion quickly on the parking increase. Um seems like a little bit of a one-off and I'm not sure why it's not part of just the normal budgeting process. >> Singing beach.
>> Yeah. I just, you know, because we have other stuff to talk about regarding beaches and enforcement of parking and whether or not there's a cost associated with that. I'm just wondering why is there a rush because it just doesn't get, you know, what's the rush?
>> You might have more >> to what's the rush to implement a $5 increase right now? >> 30 to 35 uh >> the lottery, right? >> Oh, for parking in the parking lot. Oh, >> I think they were looking at everything
else across the board as far as uh rate increases, >> the parking, the charter house, uh and uh so that that's what they that was the discussion. I think it's always come across about this time of year, >> but I'm just it seems like a one-off when there's other stuff we have to talk
about regarding >> beach. >> Well, beaches like we we got to talk about white beach parking enforcement. Is that going to have a cost to it? Is are we treating the beaches the same? If they're not, we're not treating the beaches the same. Are they differently? >> It doesn't have I mean,
>> yeah, there's uh resident parking and uh the the the revenue generated from uh the White Beach is parking tickets. >> Yeah. >> Okay. I think that uh they're just looking at just setting and cleaning
house now that everything's fresh in their mind after coming out of the season. >> I I think it's a great recommendation. I was just wondering why. >> Right. Why don't we remove that one and take it as a recommendation so that we don't approve it now and then have to undo it. Um
>> we can do that. And Cheryl's not here. I mean, she could comment on that. >> You know, she has she had a couple items here. She also put up the house. >> The only is it the only location where non-resident parking is allowed and charged for >> in Sing Beach.
>> Sing. So, it's the non-resident >> fee that they want to increase. >> That's it. >> Yeah. >> Yeah. It's just the non-resident from 30 to 35 for next season, >> which is probably keeping with local area pitches. Anyway, >> yeah, I guess you know,
some of these guys are a little higher than that even little Red Sox game. >> Do you want to get Do you want to have Cher Cheryl come in and talk about that? That's I will I would withdraw my suggestion if this is just for non resident bargaining. >> I said increase
I'm sorry I'm confused. I'm sorry. The chowder house was the 25. I'm sorry I read it wrong. >> Yeah. Sorry about the confusion. >> In that case, can we can we all >> Okay. Motion. I move the select board approve the
consent agenda items. >> Second. >> D. >> Yes. answers. Yes. Kathy, >> yes. >> Brian, >> yes. >> And Jeff, >> yes. >> Okay. >> So, um well, first as far for paving
project, uh mill and forest weather permitting, uh will structure being re removed starts this week. The reclaim project starts the 13th and that will be a impact to
residents of the of those uh of mill especially uh for about two weeks. Um so we're going to send a um mailer to the residents of that roadway to give them
uh this week to let them know. There's been digital message boards already out there. Um we'll work with the residents there to make sure that they can access um in and out of their um driveways. Uh but it will because of the
nature of that project, it's a full reclaim. It's a little bit more intensive than just milling and allowing people to drive on a mil roadway. It's it it'll be a pretty significant project. So we're we'll we uh we'll have it on social media. There'll be door
hangers provided by DPW and we're going to do a note uh from Chuck and I to the residents on of those two roads. >> So it'll be close if not residents, right? >> Yeah. >> Okay. >> Yeah. And and and Chuck is working with
the school on uh the bus >> uh schedule and >> making whatever arrangements need to >> What's the time when you send Sorry. Go ahead. as you said that elapse time. Has Chuck got an elapse time on that for the project? >> How long? Well, the biggest interruption
will be for about two weeks. >> All right. Um, significant time. >> Yeah. >> So, but so residents will have access to it, but other residents can't cut across it, right? It's going to be >> We're going to we're going to detour for those two weeks. We really got to detour people around for residents of that
roadway. We'll find ways to get them in and out. Um, and then at for the I know Chuck is working with the school to find out that and then the school's working with the bus company to find out how they want to manage it, whether we work with a contractor to give them kind of a
window in the morning to get through. Um, or if they want to detour and adjust their schedule based on the detour, we'll have the school uh notify the residents in that area as to what arrangement they'll deal. They'll figure
out where to run the bus. >> So, this is going to funnel a lot a lot of people use that road as a cut through. >> Yeah. >> And it's going to funnel a lot more traffic down Lincoln Street. >> Are we going to need more of a police presence there?
>> Schools and such. So, I actually received it I actually received an email from someone I never hear from um around the Mil Street issue and their concern was that um that we took down too many trees, some of the trees that were taken
down act as a natural speed reducer. And so, um apparently there were like seven something trees and the tree warden was out, Sakori or whoever, and only two of the trees were diseased. But the DPW said that the other trees had to be
removed for paving and >> they're right on top of >> they're right at the edge of the street and the paving machine. >> So I So I think if you're going to write to the residents, you might try and address the reason why. Yeah. >> Because they don't get it and they
viewed that as increasing the safety concern because apparently the the trees helped people not drive fast. So they we we they think we've created more of a problem because of the nice smooth road and >> well I can tell you
I don't know how many trees were diseased but I can tell you I drive by them at least twice a day and two of them you could see through >> right that those were the >> there were five were removed two of them were diseased weren't going to survive
uh the other three were >> almost growing through the pavement the pavement went around them >> they wouldn't have survived the reclaim process because of how deep we have to go and they interfered with the ability of the machinery to even do the work.
>> So that's a good reason. And like I said, if you're going to write a note to the residents anyway, you might consider adding a couple of sentences on why and could just address it. >> We can do that. Yeah. Um I I spoke to a few residents down
there even a month ago uh and until and then now recently and Chuck spoken with a few of them as well. Um the the the hard part about that roadway is speed,
you know, putting traffic calming measure measures in place that don't interfere with the scenic characteristic of the road. Mhm. >> Um, but one of the things we're talking about is as you are coming from 128 and
you approach that very narrow bridge over the first culvert um potentially on the as you approach that uh some rumble type strips that >> not even they're not bumps, they're actually indents that just rumble you
like on the side of a highway. should >> uh just to kind of like remind you you're coming to a tight area. We don't want to do a ton of signage because of the scenic element. >> Um so we're we're we're thinking of all that stuff and I'll try to find a way to
>> yes >> let the residents know. >> Um in the backup I gave you an update on all things related to COA. I won't read through the whole the whole element of it. Um I I did have a conversation with town
council uh about on Friday about condo docks. Uh we have received comments from uh the Masons. Uh our council's reviewing that. Next step is I think is to arrange a meeting uh with uh both
parties to kind of work through a lot of those uh items so that we can bring that to uh close. And then we did receive an updated site plan from the architect. Uh I've sent that over to the Masons. That was an element that needed to be
included in the in the docs. We've shown that to the friends. We're scheduling a uh meeting for the 15th uh with the friends. So, as they uh take a closer look at it, we can work with
them on on the uh interior layout of the potential future uh design. Um and we still, you know, our our goal is to uh our goal is to have a 10% 10%
design and cost estimates by mid December. Uh I also spoke with legal counsel about the issue of it being registered land. Um they felt that there would be no
issue as far as us condoizing on registered land. It may uh add some process as far as time goes to final closure, but once we make the agreement, once we sign the agreement, we're
essentially have, you know, reached our marks just process after that point. Um grants, we we mentioned grants a little bit during that. >> Is is the ongoing delay going to affect fundraising?
>> Uh there. >> Yes and no. Uh we've come up with ways to uh or we've talked a lot about how can we start making steps towards the fundraising effort even though we haven't completely closed yet. I think
getting the uh comm you know the discussion about the interior layout of the design was a big piece of that and getting that site plan updated and getting the comments from the masons on the fir on this latest draft was another
key piece. So, now that we've done those two things, I think we're in a position where we the fundraising, well, not us, but the fundraising can um start, but really, you know, once the closer the closing of the condo docks will really
>> kickstart the full process. Um and and uh Kinetic provided a public uh discussion with the friends and we're meeting with um ECCF
I think on the on the 9th uh to to work out, you know, what their schedule's going to be as far as the fundraising process goes. >> That kinetic report goes up on the ETH.
>> Yes. and see it. >> That'll be on the COA, uh, >> somewhere on the COA page. >> Okay. >> Um, so, uh, to grants, uh, I I put these
on here as notification. I we may I may put these on the agenda next meeting for an official vote to accept. I I just want to double check that that's a requirement. Uh but that's the FEMA uh staffing and adequate fire and emergency
response is $825,374. This is the three-year matching grant that Chief McNeely spoke about regarding staffing. Um he also received a FEMA assistance grant uh for $260,000
uh with a town match of only $13,000. And this is for uh new SCBAs which are have to be replaced because they meet a end of life uh expiration date. Um and we also received a rural
development fund one-stop grant of $110,000 uh that the town applied for for reviewing the general zoning district including the downtown area. um looking at opportunities for additional housing,
climate resilience, enhancing commercial viability of the downtown corridor. Um to hire a consultant to help with that and also look at some streetscape design plans, conceptual streetscape design plans.
Um Landmark school parking, we talked about that. It's been it was effective immediately. Uh we saw a positive impact. I do think that now that the pickup drivers have kind of become accustomed to the new setup, we can
probably remove the temporary signs from Highland AB and if it somehow has a reverse impact, we'll just put them back out again. >> Do you know where those curves are going? >> Yeah, I I'm curious.
I I heard uh there's it's closer to the Beverly line. Um, but I'm not positive. I >> I've seen some cars lined up on on the Beverly side, >> but not nearly the number that that used to be on our side.
>> They may have adjusted their pickup times or some sort of arrangement within their property. >> So, they've evaporated. >> I don't know. >> They're not causing us problem. Um, at the last select board meeting, we
heard about a a housing authority open seat. Um, we've we've only received one candidate and that person has withdrawn their name. Um, so I've reached out to a few folks at
the affordable housing trust and um and on the planning board to see if they know anyone that might be interested in joining. Um, but we haven't gotten any real interest yet. So, Tiffany's continuing to post it. I made a
suggestion of um adding more detail as to what the position entails and or as far as its responsibility and its uh workload. And then also maybe putting a deadline as to, you know, please submit
your right letter of interest by X date. >> John Harden. >> Uh we have other we there's many other open seats, but that one I want to bring up because it did come up at the last meeting. I mentioned the land use clerk and the COA job posting uh town administrator
goals. My my goal was to get those to you uh by tonight, but you know, a lot of other things got uh SP miserably. >> Without goals, you can't fail. >> Um, >> and then on the facilities planning
committee, we we we uh got a CDM Smith, the contractor for Lincoln Street Well, gave us an update on that proposed project. That was a great discussion that we had. And then we went and visited Newberry Ports >> Mahal. >> Uh, yeah. >> Harbor Master >> Harm Master facility.
>> Really? It was um it was great to see >> to live there in my as my house. Um, and then I met, as I've already mentioned, we had uh meetings with the uh regional emergency management and I
attended the first my first uh joint 911 executive board meeting >> um and talked about current improvements uh capacity with potential additional communities wanting to get in. Uh
there's still a lot of discussion to be had on that. And then I the Green Belt Dormandy ribbon cutting we attended uh which was well attended. >> Yeah, it was very well >> um on a somewhat rainy morning. Uh but it was a good that was a nice event as
well. >> On the facilities committee, how you have been attending all of those meetings? Is it your plan to continue to attend all of the meetings? >> I hope not. That was the right answer. >> I hope not.
>> As you're looking for time on your calendar, right? >> Yeah. >> Um >> it was good to go to all the tours so you could see everything, but >> yeah, >> now we're going to be chatting about stuff that >> Yeah. >> Yeah. >> It's, you know, kind of like training wheels and
>> let let it go. So, >> um >> I'll probably check in from time to time, you know, attend a meeting here or there, but I don't think I need to be at all these meetings. It's about the whatever rhythm you have with Chuck, how is he going to keep you informed on a variety of things that he keeps you informed about? And that that's one of
them, right? >> Yeah. >> Yep. Exactly. >> Okay. Motion to adjurnn. >> Second. >> All in favor? >> I I miss motion today.
That's >> 920. That's pretty good. Considering >> let's considering